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PL 09/16/1981 - 30563;� CITY OF FRIDLEY PLANNING COMMISSION MEETING, �EPTEMBER 16, 1981 CALL TO ORDER: Chairman Harris called the September 16, 1981, Planning Comnission meeting to order at 7:38 p.m. ROLL CALL: Members Present: Mr. Harris, Ms. Gabel, Mr. Svanda, Mr. Oquist, Mr. Kondrick, Ms. van Dan, Mr. Saba Members Absent: None Others Present: Bill Deblon, Associate Planner Mark Haggerty, 6441 University Ave. N.E. Ed and Carol Holm, 581 Buffalo St. N.E. Erland Thor, 7325 University Ave. N.E. " Dale Hadtrath, 5285 Taylor St. N.E. Steve Bren, 641 Buffalo St. N.E. Garland Lagesse� Jr., 7951 Broad Ave. N.E. ,—., APPROVAL OF AUGUST 19, 1981, PtANNING _COMINISSION f�INUTES: MOTION BY MR. OpUIST, SECONDED BY MS. GABEL� TO APPROVE THE AUGUST 19� 1981� PLANNING COMMISSION MINUTES AS WRITTEAI. UPON A VOICE VOTE, ALL VOTING AYE� CXAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 1-. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMI�A6�Y P�;:ATg P,So #81-03, ES S� B�R ��C�RI I S: eing a rep at o o s 5, s�r� , ucia ane �tion, genera y ocated in the Northeast corner of Highway #65 and Mississippi Street N.E. Mr. Deblon stated the Commission members had a copy of a letter from the petitioners asking that this item be tabled for two weeks to one m�nth. Mr. Deblon recommended that this item be tabled until the Oct. 7 P�anning Commission meeting. MOTION BY MR. SABA, SECONDED BY MS. VAN DAN, TO RECEIPI� THE LET�'Egt DATED SEPZ' . 9� 19 81, FROM DE'24NIS L. EWIN6 ; AND RICAARD I2IERSGORD� AND TO TABLE TEE CONSIDERATION OF A PROPOSED PRELIMINARY PLAT� P.S..#81-03, UNTIL THE OCT. 7� 1981, PLANNING COMMISSION MEETING. UPON A VOICE VOTE, ALL �OTING AYE, CBAIRPlAfl NARRIS DECLARED THE MOTION CARRIED n UNANIMOUSLY. ..�� PLANNING CONUIISSION MEETING,�SEPTENI6ER�16, 1981 PAGE 2 2. PUBLIC HEARING: REZONING RE UEST, ZOA #81-04, BY MARK HAGGERTY: Rezone B oc , R.L.S. , from -2 eavy industria areas , to C-2 (general business areas), to allow the construction of a commercial office building, located in the South Half of Section 11, the same being 350 73rd Avenue N.E. MOTION BY �2. SVANDA� SECONDED BY MS. GABEL� TO OPEN THE PUBLIC HEARING ON ZOA �81-04 BY MARIC HAGGERTY. UPON A VOICE VOTE, ALL VOTING AYE, QYAIRMAN HARRIS DECLARED THE PUBLIC SEARING OPEN AT 7:44 P.M. Mr. Deblon stated that Staff has looked at this design from a land use standpoint, and Staff does not have any problem with the rezoning. Staff feels this type of use is better than what could be built under M-2. Mr. Deblon stated the overall site plan had some problems with the traffic flow and accessibility because of the nature of the drive-in type bank. He handed out a design that Staff felt was a more proper design for the site for traffic patterns, etc. �ie stated the.petitioner's initial proposal has only one driveway, and Staff felt there would b.e a lot of congestion because of the ingress and egress of the auto bank. Staff felt it would be better to turn the building to face the frontage road and then have three driveways with a separate driveway �, for the auto bank traffic to exit out onto the service road. ' Mr. Haggerty, 6431 University Ave. N.E., stated this request is in his name. In this juncture, they have a tenant who has already approved the site and the loca- tion. Th�s is a bank in the area, but the bank would prefer to remain nameless at this time. The other tenant will most likely be his law firm which will relocate in this building. He stated those are the two main anchor tenants. Mr. Haggerty stated they had no objection to Staff's groposal to the three entrances or to the switching of the bank building 45 . They would like to retain as many parking spaces as possible and the flexibility to go three stor:es, pro- vided they retain the same ratio of parking per square foot as in their initial request. He stated it is possible they will be breaking ground this year if things go smoothly and they can put the rest of the package together. Mr. Harris asked Mr. Haggerty if he had any elevations of the proposed building. Mr. Haggerty stated he did not at this time. He stated they were waiting for some feedback from Staff in order to take the changes back to their architect. The primary problem is traffic flow and now that they have a feel for what Staff wants, they can work on that. He stated another consideration with the three stories is that they may have some soil problems that will not support three stories. They have been told this by the City �ngineering Dept, � �� PLANNING COMMISSION MEETING, SEPTEMBER 16, 1981 PAGE 3 Mr. Haggerty stated the main thing right now is the rezoning, and they are asking for the flexibility on the rezoning to go from two stories to three stories and still stay within the same parki�g ratio with this plan so they come within the City guidelines. Mr. Erland Thor, 7325 University Ave. N.E., stated he owns one of the double bungaloes and is concerned about the traffic flow that will be coming onto 73rd Ave. It is bad enough now going around the service road and getting onto 73rd. Mrs. Erland Thor stated the main problem is University Ave. She stated there are no left turn lanes on 73rd crossing Univ. Ave. She works at Minco and now with the new Paco office building, the.traffic coming out of there is terrible, and there have been a lot of accidents. Mr. Thor stated that with more traffic from the new bank and office, there is going to be total chaos. Mr. Harris stated the traffic from the bank could either exit onto University or it cauld take the service road past the ice arena to 69th Ave. Mr. Haggerty stated that one thing Staff considered is that by turning the building around, there may be a lot of people going out the other direction so �"1 it may be splitting the traffic up in both directions. Mr. Harris stated that one thing he did not like about Staff's configuration is that on business days, they are going to have a problem with stacking on the frontage road to get onto 73rd. His concern was with the short distance from the northerly driveway to the intersection. Ms. Gabel suggested that the northerly driveway be an entrance only. Mr. Haggerty stated he could see no problem with that. The second driveway could be both an entrance and exit, and the southerly driveway could be an exit only. � Mr. Svanda stated it seemed to him that the traffic flow in Staff's plan is just going to be a mess. In fact, he might not even bank there because of it. He suggested that they go back to the petitioner's original plan for the building, but that the traffic flow be reversed so that the traffic flow to the auto bank is not going through the parking lot. Mr. Haggerty stated that it may work out best to bring the traffic in the northerly driveway and through the auto bank. The auto bank traffic would not come through the parking lot, and then all the traffic would exit out the southerly driveway. The northerly driveway could be an entrance only. They may even be able to add some more parking. ^ Mr. Harris stated that Mr. Haggerty should check with the County to see if the County has any plans for a left turn lane at 73rd arrd University. With the ice arena, the City Garage, the park, and now this building, a lot of traffic will be generated in this area. PLANNING COMMISSION MEETING, SEPTEMBER 16, 1981 PAGE 4 ,.,,� MOTION BY �2. SABA, SECONDED BY A?R. OQUIST, TO CLOSE THE PUBLIC HEARING ON ZOA #81-04 BY MARK EAGGERTY. UPON A VOICE VO1'E, ALL VOTING AYE, CHAIRMAN XARRIS DECLARED THE PUBLIC EEARING CLOSED AT 8:38 P.M. Mr. Harris stated he had one basic problem. The Planning Cor�anission is being asked to rezone this property on faith without a guarantee that this structure will be built on this property. He felt the office building and the bank will be an asset to the City of Fridley. He stated the problem is (and it has happened before) that after a property is rezoned, for one reason or another, the proposal isn't carried through and then there is a parcel of land that is rezoned for a multitude of other uses that may not be as desirable on that particular piece of land. Mr. Haggerty stated there should be a stipulation made that states that the rezoning is contingent on the building of an office building on this site and thai the rezoning will not be approved until the building permit is pulled. MOTION BY 1�. OpUIST� SECONDED BY l�2. KONDRICK� TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZONING REQUEST, ZOA #81-04, BY MARK HAGGERTY TO REZONE BLOQC A, R.L.S. #78� FROM M-Z (HEAVY INDUSTRIAL AREAS), TO C-2 (GENERAL BUSINESS AREAS), TO ALLOW THE CONSTRUCTION OF A COMMERCIAL OFFICE BUILDING� LOCATED IN THE SOUTH HALF OF SECTION I1, THE SAME BEING 350 - 73RD AVENUE N.E., WITH THE FOLLOWING �'"�� STIPUIIATIONS : Z. TBAT THE OFFICE BUILDING PROPOSED BY 1�2. HAGGERTY BE CONSTRUCTED ' ON THE PROPERTY, AND THAT THE REZONING NOT BE APPROVED UNTIL THE BUILDING PERMIT IS PULLEDj 2. '1'HAT THE TRAFFIC FLOW BE WORKED OUT AS DISCUSSED WITH TXE STRUCTURE TO BE POSITIONED PER 1�2. HAGGERTY'S BUILDING PLAN WI2`H THE NORTHERLY DRIVEWAY TO BE AN ENTRANCE O1VLY AND THE SOUTHERLY DRIVEWAY TO BE ARI EXIT ONLY. IF THIS IS NOT POSSIBLE, THEN STAFF'S PROPOSAL SHOULD BE WORKED OUT. Mr. Harris stated that three stories is allowed by the zoning code and it will be tied in with the building permit. Mr. Svanda stated he liked Mr. Haggerty's proposal as the motion stated with the one entrance and the one exit, and he did not like Staff's proposal because of the traffic patterns. UPON A VOI�CE VOTE, ALL VOTING AYE, CHAIRMAN AARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated that ZOA #81-04 will go to City Council on September 28 for setting the public hearing. The public hearing at City Council wi11 be on Oct. 19. '� � PLANNING COh�1ISSI0N MEETING, SEPTEMBER 16. 1981 PAGE 5 3. DALE V. HADTRATH: Per Section 205.1574, Paragraph 4, of the Fridley ity Code, to a ow the construction of a single family dwelling in a CRP-2 Zone (flood fringe), located �n Lots 13, 14, and 15, Riverview Heights, the same being 7919 Broad Ave. N.E. MOTION BY 1�2. OQUIST, SECONDED BY MR. SABA, TO OPEN TBE PIIBLIC BEARIIVG ON SP �B.I-09� BY DALE V. XADTRATH. UPON A VOICE VOTE, ALL. VOTING AYE, CHAIRMAN HAR,RIS DECLARED TSE PUBLIC iiE.�12ZING OPEN AT 8:45 P.M. Mr. Deblon stated the petitioner plans to build a single family dwelling in a CRP-2 Zone (flood fringe). The City has adopted a flood plain ordinance that allows the building in the flood fringe with a special use permit and other flood proofing measures. The major measure is to fill the property until it is one foot above the flood elevation; in this case, that elevation is 823.7 ft. Mr. Harris asked about a drainage plan. He stated his only concern is drainage out of the property. Mr. Garland Lagesse, 7951 Broad St. N.E., stated he was concerned about the � � question of liability if drainage problems do exist, and he was also concerned about encroachment problems. Mr. Harris suggested�that the house be shifted toward Broad St. to within 17.5 ft. of the street. Then the petitioner can fill around the whole structure and slope it so that all the water is drained off the property. This wou�d solve Mr. Lagesse's concerns. MOTION BY MS. GABEL, SECOIVDED BY !�. SABA, TO CLOSE TFIE PUBLIC EEARING ON SP N81-09 BY DALE V.qEADTRATB. UPO1V A VOICE VOTE, ALL VOTING AYE, CHAIRMAN BARRIS DECLARED THE PUBLIC HEARING CLOSED AT 9:40 P.M. Mr. Oquist stated that if a drainage plan is prepared and that plan is acceptable, this seemed like a very worthwhile and attractive home. . MOTIOIV BY MR. OQUIST � SECONDED BY MR. KOAIDRIQC, TO RECOMMEAID TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT� SP #81-09, BY DALE V. HADTRATX: PER SECTION 205.1574� PARAGRAPFi 4� OF THE FRIDIIEY CITY CODE� TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING IN A CRP-2 ZONE (FLOOD FRINGE), IACATED ON LOTS Z3, 14, AND 15, RIVERVIEW HEIGHTS, THE SAME BEING 7919 BROAD Al7ENUE N.E., WITH TBE STIPULATIOIV TXAT A DRAINAGE P�AN BE PROVIDED AND THAT TNE PETITIONER WORK WITH CITY STAFF TO ENSURE PROPER DRAINAGE AND THE PROPER I�CATION OF THE HOUSE ON TEE PROPERTY. . � , UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN S�IRRIS DEC�ARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING, SEPTEMBER 16, 1981 PAGE 6 Mr. Harris stated SP #81-09 would go to City Council on September 28, and he would r�commend that Mr. Hadtrath have all the necessary plans prepared by that time. 4. VACATION REQUEST, SAV #81-03, BY BURTON H. SCHERVEN: By Petition #9-1981, to vacate 66th Avenue N.E, between Pierce Street and Lucia Lane. Mr. Deblon stated that at this time, the land is being used for gardens which is probably the best use of the land at this time. He stated that NSP has requested that the City retain �0 ft. for a utility easement, and the City is requesting about 30 ft. be retained for a drainage easement. Staff is recommending that this entire area be retained for utility and drainage easements. MOTION BY MS. GABEL, SECONDED BY 1�2. SABA, TO RECEIVE TEE LETTER DATED SEPT. 15, 198I, FROM NSP REpUESTING A UTILITY EASEMENT. UPON A VOICE VOTE, ALL VOTING AYE, QiAIRMAN HARRIS DECLARED THE MOfiION CARRIED UNANIMOUSLY. Mr. Oquist questioned why this area isn't made into a street so that there is � another way to get off Lucia Lane, rather than having to come all the way back to Mississippi St. Lucia Lane is about 2-3 blocks long. He stated there are � only four people listed on the petition that are directly affected, but what about the other people in the area? Mr. Harris stated he understood what Mr. Oquist was saying, but there does not seem to be any problems: � MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV�f81-03, BY BURTON H. SCHER�IEN: BY PETITION #9-Z981, TO VACATE 66T1i AVENUE N.E. BETWEEN PIERCE STREET AND LUCIA LANE� WITH THE STIPULATION THAT THE CITY RETAIIV THE WHOLE 50 FT. FOR UTILITY AND DRAINAGE EASEMENTS . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN XARRIS DECLARED TXE MOTION CARRIED UNANIMOUSLY. 5. CONTINUED: REVIEW OF CHAPTERS_ 3_O1, 302, AND_ 303 BY REQUEST OF � T E CITY COUNCIL MOTION BY MR. OQUIST, SECONDED BY M12. SABA, TO CONTINUE THIS ITEM UNTIL THE NEXT MEETING. UPON A VOICE VOTE, ALL VOTIIVG AYE� CHAIRMAN SAR.RIS DECLARED THE MOTIOAI CAR.RIED UNANIMOUSLY. 6. RECEIVE AUGUST 11, 1981, APPEALS COMMISSION MINUTES: �. MOTION BY 1�ZR. GABEZ� SECONDED BY MR. OQUIST� TO RECEIVE THE AUGUST 11� 198Z, - APPEALS COMMISSION MINUTES. UPON A VOICE VOATE� ALL VO!'ING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. ,''1 PLANNING COMMISSION MEETING, SEPTEf�BER 16, 1981 ___ PAGE_ 7_ _ 7. RECEIVE AUGUST 13, 1981, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTIOIV BY �2. OpUIST, SECONDED BY !�. SVANDA, TO RECEIVE THE AUGUST 13, 1981, HOUSING & REDEVELOPMENT AiiTHORITY MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CBAIRMAN btARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE AUGUST 18, ]981, ENVIRONMENTAL QUALITY COMMISSION MINUTES: MOTION BY �. SVANDA, SECONDED BY MR. SABA, TO RECEIVE THE AUGUST 18� 1981, ENVIRONMENTAL QUALITY COMMISSION MINUTES. Mr. Svanda stated the major thing the Commission is looking at is getting some- thing going with recycling of garbage and solid waste. He stated City Staff will be getting in touch with the MPCA about the possibility of grant money being available to set up a demonstration project in the City of Fridley. Mr. Saba stated that at the Energy Commission's last meeting, the Energy Commission viewed the video tape, "The Forgotten Fundamentals of the Energy Crisis", by Albert Bartlett, Professor of Physics, University of Colorado. He stated that �� would be an excellent video tape for the Environmental Quality Co�nission, because one of Professor Bartlett's conclusions was that people better start recycling everythir��.. Mr. Harris asked Mr. Svanda to keep the Planning Commission up to date on the status of Well #12. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN FIARRIS DEC�ARED TNE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE AUGUST 20� 1981, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MR. OQUIST� SECONDED BY MS. VAN DAN� TO RECEIVE THE AUGUST 20� 1981� COMMUNITY DEVELOPMENT COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED TBE MOTION CARRIED UNANIMOUSLY. 10. RECEIVE AUGUST 25, 1981, APPEALS COMMISSION MINUTES: MOTI02V BY MS. GABEL� SECONDED BY l�t. SVANDA, TO RECEIVE THE AUGUST 25� 198Z, APPEALS COMMISSION MINUTES. .Ms. Gabel stated that the Appeals Corr�nission is recommending a change to Chapter 214, Section E, Paragraph 5, of the Fridley City Code on "Distance from !� Street Intersections". Ms. Gabel stated this was the result of a problem with Naegele over the inter- pretation of intersections. In order to take care of problems with the inter- pretation of intersections in the zoning code, they are recorranending this change. PLANNING COMMISSION MEETING, SEPTE�BER 16, 1981 PAGE 8 Ms. Gabel stated the Appeals Commission would like the Planning Commission to concur with their recommendation on this change. MOTION BY MS. GABEL, SECONDED 8Y MR. SABA� TO CONCUR WITA THE APPEALS COMMISSIDN'S RECOMMENDATION AND TO REC�MME1Vi,D TO CITY - e0T1NCIL ' 2'EAT THE FOLEOWING CSANGE BE MADE �'D CHAPPER 214� SECZ'ION E� PARAGRAPN 5� OF THE FRIDLEY CITY CODEs "5. DISTANCE FROM INTER5ECTIONS: NOT CLOSER TAAN FIVE HUNDRED (500) FEET TO TXE INTERSECTIDN OF ANY STREET� EIGHWAY� OR R�1MP WHERE TRAFFIC CROSSES OR MERGES AT THE SAME ELEVATION. (SAID DISTAATCE TO BE MEASURED FROM TIiE INTERSECTING CENTERLINES.)" UPON A VOICE VOTE� ALL VOTINC AYE� CAAIRMAN HARRIS DECl1ARED THE MOTION CARRIED UNANIMOUSLY. 1�. RECEIVE AUGUST 25, 1981, ENERGY COMMISSION MINUTES: MOTION BY �2. SABA� SECONDED BY l�t. OQUIST, TO RECEIVE THE AUGUST 25, 1981, ENERGY COMMISSION MINUTES. UPON A VOICE. VOTE� A�L VOTING AYE, CHAIRMAN HARRIS DEC�ARED TSE MOTION CARRIED UNANIMOUSLY. 12. RECEIVE SEPTEMBER 3, 1981, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MS. VAN DAN� SECONDED BY MS. GABEL, TO RECEIVE THE SEPTEMBER 3, 1981, HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� CEAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. OTHER BUSINESS: Cancellation of September 30, 1981, Meeting Mr. Deblon stated there are no items for the September 30 Planning Commission meeting, and he would recommend that this meeting be cancelled. MOTION BY MIt. SABA� SECONDED BY MR. OQUIST� TO CANCEL THE SEPTEINBER 30� 198Z� P7�ANNING COMMISSION MEETING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN SARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: �, �"1 MOTION BY MR. OQUIST� SECONDED BY MS. GABEL, TO ADJOURN THE MEETINla. UPON A VOICE VOTE� ALL VO1'ING AYE� CHAIRMI•1N HARRIS DECLARED THE SEPTEMBER 16� 1981� PLANNING � COMMI5SION MEETIAIG ADJOURNED AT 10:50 P.M. Respectfully subm ted, Lynn Saba, Recording Secretary