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PL 07/22/1987 - 30668CITY OF FRIDLEY �`� PLANNING COP�MISSION MEETING, JULY 22, 1987 CALL TU ORDER: C1lairperson Billings called the July 22, 1987, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Steve Billings, Dave Kondrick, Sue Sherek, Donald Betzold, Richard Svanda Members Absent: Dean Saba Others Present: Jim Robins�on, Planning C�ordinator Jock Robertson, Community Development Director Mark Gilbertson, Rapid Oil Change Jane Schrader, 2715 Medicine Ridge Rd., Plymouth Alvan Schrader, A.L.S. Properties, Crystal John Grossman, Robert Boblett Assoc. David Henrikson, 6031 3rd St. N.E. Margaret.Reed, 6017 3rd St. N.E. Wayne Johnson, 6051 3rd St. N.E. Dennis Trisler, 3041 - 4th Ave. N.E., Mpls. ,� APPROVAL OF JULY 8, 1987, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK� SEC0IVDED BY MS. SHEREK, TO APPROVE THE JULY 8� 1987, PLANNING COMMISSION MINUTES A5 WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOU5LY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-14, BY RAPID OIL CHANGE: er Section 05. 7.1, C, 7, of the Fridley City Code to allow an automobile service station on Lots 1 and 2, Block 2, Central View Manor, the same being 7315 Highway 65 N.E. MOTION BY MR. KONDRICK, SECONDED BY MS. SHEREK, TO OPEN .1`HE PUBLIC HEARIIVG. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLA,RED THE PUBLIC HEARING OPEN AT 7:37 P.M. Mr. Robinson stated.the.proposal was-for property which was now the site of the vacant gas station north of 73rd Ave. and south of 73Z Ave, east of Highway 65. The proposal was for a special use permit for an automotive service facility. In conjunction with this proposal, there were two other �—�, submittals--one for variances that were being processed through the Appeals Commission and one for a vacation of 732 Ave., ust nor.th of the property (the vacation was the second item on the agenda�. PLANNING CONIMISSION MEETING, JULY 2��'-1987 PAGE 2 �^� Mr. Robinson stated the lot size without.the v.acation was .54 acres. The Zoning Code requires .75 acres. The variances being applied for were the reduction in acreage, curb cuts for. the property that would be located too close to the intersections, building setbacks on the north and east and west of the pr�perty, and a hard surface setbacks. Mr. Robinson stated the property was zoned M-1, light industrial, and required a special use permit, There was some commercial property to the north and east which was vacant, and there some people at the meeting representing the developer of th�t property. Mr. Robinson stated the proposa] was to place a 1,700 sq. ft. service facility on the site. There would b.� nine parking stalls, one handicapped, in addition to four ,service bays within the building. It was standard pr.ocedure to include the inside service:bays as part of the p�rking requirement. He stated Staff has worked diligently with the petitioner, represented by Mark Gilbertson, to come up with a site plan and improvement program which includes landscaping, berming, automatic sprinkling, as well as specific elevation and facade ref�i�nements. Mr. Robinson stated item #2 on the agenda was the vacation request. He stated if the vacation was successful, the City would propose to provide a driveway openi ng onto thE ser.vice road.. � 1/ir�n Road presentl y di d not ex�e,xacj, compl etel y north. It was blocked by the trailer co�art south-of Fireside I'rive, and the City has been pursu�ng.easements in_�hat area bu� have been uns�s�essful at this time. Mr. Billings stated that if it was not out of order, he wouid like to receive the information on the vacation request at this time also so the Commissioners would.have all the information before.making any decisions, Mr. Robinson stated he would agree with Mr. Billings' suggestion. Mr. Robinson stated the vacation was fov� an area just north of the proposed site which was 732 Ave.,north of Lot 1 and part of Lot 2. Presently, there were two scenarios. The petitioner has applied for a variance for the building setback from the right-of-way so the petitioner can start construction prior to finishing the lengthy vacation process. So, with the approval of the special use permft (plus the pendir�g variances), the petitioner could build with the driveway coming straight out. When the vacation was finally approved, the street would be removed, the driveway rerouted, and the green area -r�sst��e�. Mr. Robinson stated it was Staff's recommendation to continue the ser��e road north through the.t�ailer court to connect to the new Viron R-0ad; however, they are having difficulty in acquiring the easement to do that, M�. �o'6insan-s���ed thatFc]osing 73 1/2 Avenue was'COnsistent with MnD@T's'plans for the a�p�-w#"iich limits a�cess onto Highway 65 and also includes the alteration of the-Fireside Drive intersection, r�1 P`� PLANNING CONq'�ISSI4N MEETING, JULY 22, 1987 PAGE 3 Mr. Robinson stated Staff was recommending the following stipulations: 1. Special use permit, SP #87-14, contingent upon approval of all variances for development by Council. 2. Petitioner to provide a stnrm drafnage plan and receive approval from Public Works prior to building permit. 3. Building facade to be constructed with face brick as depicted in elevations received by City on June 15, 1987. ° 4. All doors,metal trim, and window framing to be painted or color clad to compliment building facade. Color treatment to be approved by City Staff prior to building permit. 5. Landscaping to be installed.as depicted in plan proposed by City Staff, dated July 22, 198Z, including vacated street portion if vacation is approved. 6. Automatic lawr+ irwigation to be installed for all green areas, including vacated street portion if vacation is approved. 7. Petitioner agrees to provide an additional seven (7) foot street easement over the east seven feet of the west 27 feet of Lot 2, Block 2, Central �`� View Manor, prior to building permit. 8. Petitioner agrees to submit letter (to City) petitioning for widening of service road (to east) ta_36.foot.wi.dth and agreeing to assessment for all costs associated with said widening prior to building permit. 9. Petitioner to combine tax parcels into:one prior to building permit. 10. A brick dumpster enclosure with opaque gate to be constructed along with building. 11. All roof equipment to be screened from view. Details to be approved by Staff. 12. No outside storage of materials or equipment is permitted. 13. A performance bond �r. letter of credit for $20,000 to cover all improve- ments to be sup�li�d �o: Cfty prior to buiiding-�ermit. Mr. Mark Gilbertson, Rapid Oil Change, stated he has worked with Mr. Robinson for some time on how to auork out this site plan in order to get the building on the site. They would like to proceed.with this site plan for now which showed the building and parking lot worked out without the street being vacated so they can proceed with construction. r"'� Mr. Gilbertson stated right ncaw the site has an abandoned_gas station on it, a�nd the property was quite unsightly. He felt they had a good proposal that would really enhance the area with good landscaping. i"� PLANNING COMMISSION MEETING, JULY 22, 198Z PAGE 4 Mr. Gilbertson stated to save some congested problems, they have rerouted the traffic off 73rd Ave., moved it on the back street in order to get the majority of the traffic away from the intersection, exited out onto 732 Ave., etc., with the possibility of dumping it back nnto the service road if the vacation was approved. Mr. Gilbertson stated this was the first time he had seen all the stipulations in writing. Fie had discussed with the City the taking of the additional 7 ft. of property off the east side of the site. With the already 33 ft. easement along the east and along the south edge of the property, it really limited their land area. He did not foresee any,::problems with the 7 ft. easement, but he would like to ask that the assessment for the widening of the service road be split among all the developers along there. The additional traffic carried on this road was going to be increased because the City wants to vacate 732 Ave. Their store itself will only generate about 40 additional cars per day. The service road presently is substandard; hence the request for the additional 7 ft. They do not feel their store was going to create that much of a traffic problem on this back road at this point prior to the vacation of 732 Ave. Once 732 Ave, was vacated, that would become more of a connecting street. Mr. Gilbertson stated the stipulations he had a problem with were stipulations #7 and #8. His primary concern was the cost of the road improvements along �, the service road. Mr. Robinson stated Staff felt Rapid 0i1 was the primary petitioner and business abutting this service road that would benefit from the widening of the road. Mr. Billings asked how many cars were exi�cing out 7� Ave. right now. Bi Mr. Robinson stated he did not know. Ms. Sherek stated that in the t�orning around 6:45, she waits in line to exit onto 73a Ave, to the north. Seventy-third and one-half Ave, comes off Old Central, and people can bypass 73rd and the light and make a right turn. She felt if the cars traveling on 732 cannot exit onto Highway �5, they are going to make a left turn and benefit from Viron Road also. She did not see where the petitioner was.the only person benefitting from the widening of the service road. The road behind the station was quite substandard now, and she definitely felt other people in the immediate area would benefit from the widening of the road also. Mr. Billings stated they also have to understand that if the vacation is approved, the petitioner will receive the 5,742 sq, ft. of what is now City right-of-way. Ms. Sherek stated the petitioner. would almost have a legal lot if he received the entire vacation. At this point without the vacation, the petitioner was �� requesting multiple variances in order to use a substandard piece of property. She felt it was the usua�:.position of both Staff and the Planning Commission � PLANNING COI�MISSION MEETING, JULY 22, 1987 PAGE 5 that if a situation can be worked out whereby the peta�tioner has a legal standard sized lot, that was preferred over granting multiple variances for a substandard lot. Mr. Gilbertson stated that right now the lot was an eyesore. They want to �e able to have a building constructed by September and improve the site. The vacation process can conceivably be a lengthy process �hich means the site would sit as it for quite a while if they had to wait for the vacation approval. Mr. Betzold stated the Appeals Commission had tried to accommodate Mr. Gilbertson in recommending appa^�val of the variances be�ause it was their understanding that by the time the vacation went through, the variances would be rendered t�u.t. They might have made a different decision if they had known that Mr. Gilbertson was really not interested in the vacation. Mr. Gilbertson stated he did ��t have a problem with the vacation. His only contention, again, was the widening of the service road. Mr. Billings sta�ed that at this time, the lot was substandard, but by the City vacating 732 Ave., they were giving enough land to the petitioner to bring the lot closer into conformance. Theland was being given at no cost to the petitioner; per.se, but in exchange for the land, the City was asking the petitioner to pay for the improvement of the street. Even though the ��� petitioner was saying he really did not need the vacation, the Appeals Corrm�ission recommended approval of the variances 6ecause they figured the vacation was coming and the whole packa�E was tied together. Mr. John Grossman, Robert Boblett Assoc., stated he was representing Mr. A1 Schrader, the owner of the property at 7350 Highway 65 (Lots 4, 5, and 6, Central View Manor, Block 1, and Lot 3, Central View Manor, Second Addition).- He stated he was also one of the partners of the Professional Ventures which owned a parcel of property on the southe�st quadrant of Highway 65 and Osborne Rd�, 77,000 sq. ft, of all retail space. Mr. Grossman stated they are very concerned about the vacation of 732 Ave. They were at the meeting to speak both for and against the vacation at the same time. Rather than looking at today, they are encouraging the Planning Corrmiission to look to tomorrow, This parcel of retail land was for sale by Mr. Schrader. They feel it is prime retail space. They see many different uses for the land, one of which might be a sit-down restaurant, for example, wh�ch could have 100� stal-as�of parking and_does conform to the ��e, They feel the vacation could create a funnel effect. It was going to draw the traffic into a substandard area with a substandar.d road. Ne stated they are encourag- ing the Planning Commission to act to extend Viron Road all the way through. They feel the vacation should be contingent upon-the City's success in extending Viron Road all the way through. Mr. Grossman stated their last figure showed a traffic flow of 27,000 vehicles /"� down Highway 65. It has been their experience with retail use that they would � PLANNING COMMISSION MEE7IN�, JULY 22, 1987 PAGE 6 get an influx of traffic. They think they are trading 2 for 1. They are creating an invitation for a retail user to come into that property, but with the deadend and with the access and egre�s, it would be extremely difficult for the developer. They could see another use in the back of their��retail area far more retail-which would create the need for additional traffic. If 73z Ave. was vacated,.it would limit their access as well, and there needs to be that flow to service the retail. Mr. Grossman stated Mr. Schrader was also concerned about the tax ramifications or assessments on �3s property, which could impede the sale of his property, Mr. A1 Schrader, A.L.S. Properties, stated he.has owned tha�t parcel of property (2z acres) for 12 years. It has been Hart Custom Homes, a mobile home sales lot which closed on July 1. The property is vacated and after 12 years when he was now ready to sell the property for a higher and better use, coincidentally, at the same time the City was talking about shutting off the road to get to his property. He did not want to be in the situation where his road was shut off leaving him with a dead end abutt�ng the mobile home.park to the north. What he was saying was that if the City was going to vacate 73z Ave, then the City should give him a guarantee.of a way to get his traffic out to the north. The vacation and the extension of Yiron Road should I�e timed and put in writing to agree with each other. Otherwise, he could be in the situation where if the City has �o go to condemnation procedures, or whateve;r,, to get the other property to extend.Viron Road, he.could sit with his property for 1-2-3 years �� and not be able to sell it. So, he was asking that if the City was going to vacate 732 Ave., that they should also extend Viron Road. He did not object to closing off 732 Ave. and giving that land to Rapid Oil, but he did object to the City d�ing it at his expense in not.being able to sell his property. Mr. Robinson stated.that.one reason for the vacation was that the City saw a way of working around a difficult situation with a driveway located in an area which they considered unsa�e. Code says a�riveway has to be 75 ft. fl r 2/3 of the 1ot width from an.intersection.�and �his �a�t�c�i�r dri��way wou�d anly be �et back i9 feet. A� t�e same time�; they wool� be �cc�m�lis-hing �he road requt�e�ent fr�ro MnDOT. -� -- Mr. Grossman sta�+tgd Mr. Schrader was also concerned if the vacation did occur, that landscaping be pr.oper and not impede on any signage-of his property. Mr. Grossman stated they would encourage the Planning Commfission to attach the vacation to the extension of Viron Road and not.vacate at this time, but allow Rapid Oil Change to go in. And, then at such time as the City could guarantee the other owners that Viron Road would go through, to widen the road at that time and not invite additional congestion or traffic flow at this time. Mr. Betzold stated he felt it was very dangerous at this time to leave 732 Ave. open, because of the high traffic volume on it. Mr. Billings asked Mr. Robinson if the City had tried to acquire the property for the extension of Viron Road. �, �, PLANNING COMMISSION MEETING, JULY 22, 1987 PAGE 7 Mr. Robinson stated he has been informed by John Flora, Public Works Director, that Mr. Flora has been working with the property owner for several months and there are some stumbling blocks. There is a trailer home on the site occupied by an elderly couple that would have to be moved i� order to provide the easement. He stated MnDOT has also approached the owner, and the owner is not interested at this time. Mr. Gilbertson stated they develop�d the site plan so it would work either way--with 7� Ave, open so they can start construction while the vacation is being processed, and then if the vacation is approved, they can easily change the plan by rerouting the traffic and installing the additional landscaping. He would like to request that the Planning Commission look at the special use permit separately from the vacation request. Mr. Betzold stated he felt the special use permit and the vacation went hand in hand. The issue the City Cou�cil will have to address was whether or not they want anything at all on that lot, because it is such a small substandard lot. Rapid Oil just happened to be one of the few businesses that could make it work. The City Council also recognizes that the 73% Ave. access to Highway 65 was probably going to have to be closed. If they decide too much was being crammed on this little piece of property, the Council might make the decision that nothing should ever go on that property, possibly redesigning the whole intersection with the idea that there was going to be more develop- ment to the north. He really felt they had to consider both the special use permit and the vacation as part of the same process. Mr. Svanda stated he did not agree that it was the two.together or nothing. They have a plan before them that will fit the pr-operty quite nicely either way. He did not think he could vote for the vacation because of the concerns raised, plus it concerned him that they were trying to place the entire bill for the road improvement on Rapid Oil when other people may or may not benefit from the improvements. He would feel a lot more comfortable and probably could vote for the vacation later on if there was a game plan laid out on how to deal with the traffic flow situation for the entire area; because if it were to be done correctly, it would benefit other property owners and then he thought the cost of the improvement could then be shared by other benefit- ting parties. Mr. Billings stated he appreciated the fact that the petitioner has a con- struction schedule and the fact tfi at City Staff has been working diligently with the petitioner to try and accommodate the structure on that lot, but there just seemed to be a lot of unanswered questions in terms of what was going to happen to the traffic, the estimated cost of the improvements, the possibilities of the future extension of Viron Road, and what the Highway Department's plans were for 732 Ave. and Fireside Drive. It was his� fee�ing that this ��em should be tabled until the next meeting. Mr. Svanda stated he would be in favor of taking action on the special use permit. He had not heard any disagreement regarding the project itself from ,'"'� either Staff or the Planning Commission members. i"� PLANNING COMM'ISSION MEETING,JULY 22, 1987 PAGE 8 Mr. Robinson stated the lot in area was too small �vith-vut v�ariances. The variance for the driveway had been his main concern since this proposal was presented. Ms. Sherek stated she saw the vacation as something inevitable for the future, but she questioned whether it should be done at this point without some provision for Viron Road. Given the fact that Mr. Schrader now intended to sell his property adjacent to what they are talking about improving on Viron Road, she would question having the petitioner pay for the entire improvement of Viron Road at this point. Mr. Betzold stated that if for some reason the vacation did not go through, and Rapid Oil goes in on the site, what controls did the City have to make Rapid Oil landscape if the vacation did go through at some future time? Ms. Sherek stated the Planning Commission could attach a stipulation to the special use permit that at the.time of vacation of 73% Ave., Rapid Oil will be required to landscape. She stated her biggest problem with the whole thing at this point was not Rapid Oi1 Change and not their traffic, it was the tying up of the retail property to the north if the City does vacate 732 Ave. Here was another piece of property that relied on 732 Ave. for access and egress. She would have a hard time voting to vacate that street without an alternative plan like the continuation of Viron Road. ,-•. �' MOTION BY MR. KONDRICK� 5ECONDED BY MR. BETZOLD, TO CL05E THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBEIC NEARING CLOSED AT 8:45 P.M. r MOTION BY MR. KONDRICK, 5ECONDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP #87-14, BY RAPID OIL CHANGE, PER 5ECTION 207..Z7.1� C� 7, OF THE FRIDLEY CITY CODE TO ALLOW AN AUTOMOTIVE SERVICE 5TATION ON LOTS Z AND 2, BLOCK 2, CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E., WSTH THE FOLLOWING STIPULATION5: 1. SPECIAL USE PERMIT, 5P #87-14, CONTINGENT UPON APPROVAL OF ALL VARIANCES FOR DEVELOPMENT BY COUNCIL. 2. PETITIONER TO PROVIDE A STORM DRAINAGE PLAN AND RECEIVE APPROVAL FROM PUBLIC WORKS PRIOR TO BUILDI111G PERMIT. 3. BUI�DING FACADE TO BE CONSTRUCTED WITH FACE BRICK AS DEPICTED IN ELEVATION5 RECEIVED BY CITY OIV JUNE 15, 1987. 4. ALL DOORS, METAL TRIM, AND WINDOW FF�MING TO BE PAINTED OR COLOR CLAD TO COMPLIMENT BUILDING FACADE. COLOR TREAZ'MENT TO BE APPROVED BY CITY STAFF PRIOR TO BUILDING PERMIT. 5. LANDSCAPING TO BE INSTALLED AS DEPICTED IN PLAN PROP05ED BY CITY STAFF, DATED JULY 22, 1987, INCLUDIIVG VACATED STREET PORTI0IV IF VACATION I5 APPROVED. 6. AUTOMATIC LAWN IRRIGATION TO BE INSTALLED FOR ALL GREEN AREAS, INCLUDI11lG VACATED STREET PORTIOAI IF VACATION IS APPROVED. 7. PETITIOIOER AGREE5 TO PROVIDE AN ADDITIONAL SEVEN (7) FOOT STREET EASEMENT OVER THE EAST SEVEN FEET OF THE WEST 27 FEET OF LOT 2, BLOCK 2, CEIVT.RAL VIEW MANOR, PRIOR TO BUILDIIUG PERMIT. /"� ,� PLANNING COMMISSION MEETING, JULY 22, 1987 PAGE 9 8. 9. .zo. 1I. 12. 13. 14. PETITIONER AGREE5 TO 5UBMIT A LETTER (TO CITY) PETITIONING FOR WIDENING OF SERVICE ROAD (TO EAST) TO 36 FOOT WIDZ'H AND AGREEING TO A5SE5SME111T FOR ALL COSTS ASSOCIATED WITH 5AID WIDENING, PRIOR TO BUILDING PERMIT. PETITIONER TO COMBINE TAX PARCELS INTO ONE PRIOR TO BUILDING PERMIT. A BRICK DUMPSTER ENCLOSURE WITH OPA�jF7E GATE TO BE CON5TRUCTED ALONG WITH BUILDING. ALL ROOF EQUIPMENT TO BE SCREENED FROM VIEW. DETAILS TO BE APPROVED BY STAFF. NO OtITSIDE STORAGE OF MATERIAL5 OR EQUIPMENT IS PERMITTED. A PERFORMANCE BOND OR LETTER OF CREDIT FOR $20,000 TD COVER ALL IMPROVEMENTS TO BE SUPPLIED TO CITY PRIDR TO BUILDING PERMIT. AT 5UCH TIME AS THE VACATION OF 73'� AVENUE IS APPROVED, RApID OIL CHANGE WILL BE REQUIRED TO DO THE APPROPRIATE LANDSC..�PPIlUG AND IRRIGATION OF THE PROPERTY. Mr. Billings stated if they were dealing with the special use permit and the vacation separately and were thinking of not approving the vacation at this time, he would have to vote agai.nst the special use permit. The Appeals Commission went along with the variances on the basis that the vacation was coming. Staff has said they looked at the whole plan and said it could be done with the vacation, and that the vacation was an integral part of the whole thing. Without �he vacation, he would not be Zn favor of the special use permit. Mr. Kondrick stated he did not fiink the Appeals Commission was altogether informed of the problem with Viron Road. All that information has come to light since the Appeals Commission meeting, and it may or may not have changed the decision made by �he Appeals Commission. Mr. Svanda stated he did not think he was necessarily against the vacation, but there were other issues associated with it and that was the reason it was appropriate to table the vacation request. Mr. Betzold stated.he could support the special use permit as long as the vacation ►�r�v�red,�forward. He also felt the vacation should go with the special use permit. Mr. Billings stated he still felt the two went hand in hand, and if they were thinking of tabling the vacation request, they should table the special use permit as well. UPON A UOICE VOTE, KG�NDRICKr S1�FE1?�K��_�EP�fTT.,B� SVANDA VOTING AYE, BILLINGS VOTING NAY, CHAIRPERSON BILLING5 DECLARED THE MOTION CARRIED BY A VOTE OF 4-1. PLANNIfJG COI�IISSION MEETING, JULY 22, 1987 PAGE 10 �, 2. CONSIDERATION OF A VACATION, SAV #87-08, BY RAPID OIL CHANGE: To vacate t e 66 foot street rig t-of-way 73% Avenue lying north of Lots 1 and 2, Block 2, Central View Manor. To.allow for an imrpoved site plan for a pr�posed Rapid Oil Station, generally located at 7315 Highway 65 N.E. Mr. Robinson stated if the vacation was approved, Staff would recommend the follawing stipulations: 1. Petitioner agrees to submit a letter (to City) petitioning for street excavation for the portion of 732 Avenue, lying north of the proposed site and agreeing to assessment.for all costs associated with said excavation prior to publication of vacation ordinance.. 2. Upon excavation of vacated 732�Avenue, petitioner will install driveway exiting onto service road to east and landscape with irrigation as shown on City plan dated July 22, 1987. 3. Perfo�mance bond referenced as stipulation #13 for speclal use permit, SP #87-�4, to cover.improvements referenced in item #2 above. MOTIOIN BY MS. SNEREK, 5ECONDED BY MR. KONDRICK, TO TABLE VACATION .REgUEST, SAV #87-08, BY RAPID OIL CHANGE, UNTIL THE AUGUST 5, 1987, PLANNING COMMIS5ION MEETING IN ORDER TO ASK STAFF TO PROVIDE THE PLANNING COMMISSIDN WITH INFORMATION REGARDING AN ALTERNATIVE PLAN FOR PROVIDING ACCESS FOR OTHER DEVELOPERS ALONG 73'� AVENUE WHO ARE PRESENTLY RELYING ON THE ACCESS PROVIDED BY THAT PIECE OF ROADWAY, FULLY RECOGNIZING THE FACT THAT THE DEPARTMENT OF TRANSPORTATION PLANS TO CL05E THAT ACCES5 SOME TIME IN THE FUTURE; ALSO, TO A5K STAFF TO GET SOME INFORMATION FROM MnDOZ' ON THE PROPOSED TIMETABLE FOR THE FIRESIDE DRIVE AND 73'� AVENUE CLOSING AND WHETHER MnDOT IIUTENDS TO COMPLETELY CLD5E THEM OR JUST CIA5E THEM TO LEFT TURNS OFF HIGHWAY 65. UPOIN A VOICE VOTE, KONDRICK, SHEREK, AND SVANDA VOTING AYE, BILLING5 AND BETZOLD VOTING NAY, CHAIRPER50N B:ZLI;�'NGS DECLARED THE MOTION CARRIED BY A VOTE OF 3-2. 3. COPJSIDERATION OF A VACATION RE UEST, SAV #87-07, BY WAYNE JOHNSON: o vacate t e 2 foot alley in Bloc 5, yde Par ying North of the South line of Lot 22 extended Easterly and South of the North line of Lot 30 extended Easterly. All lying East of and adjoining Lots 22-30, Block. 5, Hyde Park, generally located between 61s� Avenue and 60th Avenue ,���= 3rd Street and University Avenue. � Mr. Wayne Johnson stated he needed to do some further research before proceeding with this vacation. Because of some misunderstanding where the rear property line was in relation to the fence, he needed to find out exactly where he could locate h�s garage. If he found out he could not locate his garage in a position that would benefit him, he would probably withdraw the petition. � � PLANNIPJG COMMISSION MEETING, JULY 22, 19�7 PAGE 11 Ms. Margaret Reed, 6017 - 3rd St., stated they own the property with the garage access to the alley, and their only access was by using the alley. Mr. Dave Henrickson, 6031 - 3rd St., stated he was in favor of the alley vacation. Mr. Johnson stated it was his intention to not include the Reed's in this vacation, and he had discussed this with them. Mr. Robinson stated the vacation was for everything north o� Lot 21 (6017). Presently the garage situation was such that the corner lot (b007) has a driveway access off 60th, 6011 has access off 3rd St., 6017 has access off the alley, 6031 has no garage but access would be off 3rd St., 6041 would be off 3rd St., 6051 (the petitioner) has access off the alley right now but with the vacation would have access off 3rd St., 6071 has access off 61st Avenue. Mr. Robinson stated that normally a vacation would require 100% participation but this was an unusual situation where only a couple of people were using the alley. Because the alley was not improved and it was rutted and looked bad, Staff woul d recommend the P1 anni ng Cor�ni ssi on recom�e�d �o - C.i �y_ Caunci 1 approval of the vacation. He stated at the time, they felt only_persons north of 6017 were in favor of the vacation; however, they recently received a letter from Michael and Elaine Pestello, 6011, who expressed the desire to also be part of the alley vacation� Once the vacation was implemented and Mr. Johnson has built a g�rag�, the only person who would have access of the alley would be 6017. One thing that should be pointed out was that all garages are supposed to have hard surface driveways, but arr�t� the alley, it was difficult to do it, but there was enough room on 6017 to have a hard surface driveway to 3rd St. MOTION BY MR. BETZOLD, 5ECONDED BY MR. KONDRICK, TO RECEIVE THE LETTER DATED JULY 22, Z987, FROM MICHAEL AND ELAINE PESTELLO. UPODT A VOICE VOTE, ALL VOTING AYE, CHAIRPER50N BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY.Z Mr. Robinson stated Staff was recommending the following stipulations: 1. A utility easement to be retained over thE entire portion of vacated al ley. 2. Garage construction contingent upon letters from all utility companies allowing a specified distance of encroachment into retained utility easement. 3. Garage construction contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement. /"� 4. Petitioner to escrow funds with Public Works Depar.tment sufficient to cover curb work for proposed curb cut on 3rd Street. 5. Dumpster to be fully screened. � PLANNING COMMISSION MEETING, JULY 22, 1987 PAGE 12 Mr. Robinson stated Staff has spoken with the petitioner on site, and there were setbacks req uired of 3 ft. from the rear and side lot lines. Ms. Reed, 6017 - 3rd �t., stated that for them to access 3rd St., it would mean taking do�n six mature trees along the south side of their lot. Mr. Johnson stated.he would feel very badly if the Reeds were forced to hard surface their driveway, because.that was never his intention. He stated the people who signed the pet�tion in favor of the vacation sign�d it with the understanding that the vacation would only be to the north of 6017, and they might have felt differently if the vacation was any different. It would certainly be nicer to have the whole alley vacated as it was very ugly, but this petition was only for those people who wanted the alley vacated so it would not.interfere with the Reeds. Mr. Billin� stated he could not support the vacation for the entire alley. It would certainly be nicer to have the entire alley vacated which included the Reeds and the Pestellos, but Ms. Reed came to the meeting to make sure the vacation did not include her lot. It would be an unfair hardship to place on the Reeds j ust to get some green space. The vacation proposal before the Planning Commission was for 6031 - 6071 - 3rd St. MOTION BY MS. SHEREK, SECONDED BY MRs BETZOLD, TD RECOMMEND TO CITY COUNCIL � APPROVAL OF VACATIQN REgUEST, SAV #87-07, BY WAYNE JOHNSON, TO VACATE THE 12 FOOT ALLEY IN BLOCK 5, HYDE PARK, LYING NORTH OF THE 50UTH LINE OF LOT 22 EXTENDED EASTERLY AND 50UTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY. ALL LYING EA5T OF AND ADJOINING LOT5 22-30, BLOCK 5, HYDE PARK, GENERALLY LO�A�°E'D BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERISTY AVENUE, WITH THE FOLLOWING STIPULATIONS: Z. A UTILITY EASEMENT TO BE RETAINED OVER THE ENTIRE PORTION OF VACATED ALLEY. 2. GARAGE COA75TRUCTIOIV CONTINGENT UPON LETTE.RS FROM ALL UTILITY COMPANIES ALLOWING A SPECIFIED DISTANCE OF ENCROACHMENT INTO RETAINED UTILITY EA5EMENT. 3. GARAGE CON5TRUCTION CONTINGENT UPON PASSAGE OF A RESOLUTION BY COUNCIL AU2'HORING A SPECIFIED DISTANCE OF ENCROACHMENT INTO RETAINED EASEMENT. 4. PETTTIONER TO E5CROW FUNAS WITH PUBLIC WORKS DEPARTMENT SUFFICIENT TO COVER CURB WORK FOR PROPOSED CURB CUT ON 3RD STREET. 5. DUMP�^TER TO BE FULLY 5CREENED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE JUNE 11, 1987, NOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO RECEIVE THE JUNE 11, I987, HOUSING & REDEVELOPMENT AUTHORITY MINUTES. ,,� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANTMOU5LY. ,^� PLANNING COI�MISSION MEETING� JULY 22' 1987 PAGE 13 5. RECEIVE JUNE 16, 1987, ENVIRONMENTAL UALITY COMMISSION MINUTES: MOTION BY MR. SVANDA, SECONDED BY MR. KOINDRICK, TO RECEIVE THE JUNE 16, 1987, ENVIRONMENTAL QUALITY COMM255ION MINUTES. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE'JULY 14, 1987, APPEALS COMMISSION MINUTES: MOTION BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO RECEIVE THE JULY 14, 1987, APPEALS COMMIS5ION MINUTE5. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOU5LY. 7. OTHER BUSINESS: a. Corr�ercial Establishment in Mixed Use Industrial Developments Mr. Robinson stated.that two meetings ago, the Planning Commission had discussed the possibility of altering the code to allow for some commer- cial establishments in a mixed use industrial development. At that time, it was recommended that Staf f obtain a copy of the City of �` Roseville's Zoning Code. He stated a co py of that was handed out at the meeting, but it did not appear.to solve the problem the City of Fridley was facing. Mr. Robinson stated there was a trend to allow a r�ixture.of land uses in office/warehouse/industrial districts to keep pace with new develop- ment trends and with market demand. Along with that trend, there was a need to maintain adequate control by the City over parking of the mixed uses, traffic loads, and traffic capacities on the access roads. Presently, in the M-1 and M-2 portions of the code, they do allow offices not associ- ated with the principle use in industrial areas with a special use permit. After some research,- it was-Staff's proposal to expand that special use permi't p�^ovision �o allow for_eommercial uses which are supportive of the districi Mr. Robinson stated the Commissioners had also received a copy of a Larkin Hoffman study of other. municipalities. On agenda page 6E under the City of Plymouth, it stated: "In Plymouth's I-1 (Planned Industrial Distri-ct), retail and service establishments essential to the operation of that aoning district and providing goods and services which are primarily for the use of persons employed in that district are conditional uses." He stated Staff would propose to add that language to the existing special use permit provisions for offices. In addition to that, they are contemplating putting a cap of 15-20% or that which was in line with the capacity of the parking and road access, whichever was less. � -'� Mr. Robinson stated that in addition to that, there might be some types of development which do not follow the general heading of "suppartive" n PLANNING COMMISSION MEETING, JULY 22, 1987 PAGE 14 or "convenience of the district". In that particular case, for those types of uses that would not be-a nuisance to the area, they would propose that another special use permit for the individual user or tenant (example: drive-up bank or commercial recreation. areas) be issued. Ms-. Sherek asked if the requirement that a tenant apply for a special use permit was going to discourage people from even coming before the City. Mr. Robinson stated that for the "support" commercial, they are proposing that there be a bl anket permi t up to a certai n percentage:,wai'thout any _� �rti�e.r -sp�eial.� use permit. But when they get to a commerci.al use that dvesn't fit the guis;e..of.°for the convenience of" that district, then they would have to come in for a special use permit. Mr. Billings asked whei^e.��e line would be drawn between what accommodates the development and what was a special use that did not accommodate the development. For exa�l�e: a barbershop. Was a barbershop_something that complimented the development? The barbershop was not only to serve the people in the development. Theoretically, a specia7 use such as a deli- catessan could be generating quite a bit of traffic from outside the area. Ms. Sherek stated the limitation that was w t on special uses in Edina and Eden Prairie was that no.-outside signage was allowed to indicate the �� location. She also thought there was a further limitation imposed in Edina that the business could not advertise, other than within the development. Mr. Robertson stated there were two limitations: (1) they cannot have outside signage; and (2) that the overall development has adequate carrying capacity as far as parking spaces and driveway, and the special use would not be allowed to exceed that carrying capacity. It was either 15-20% or that which was in line with the capacity of the parking spaces. Ms-�- Sfterek st�e�±= a.n�tf�er �hirrg_��h�jr sha� t� el�fi� at i n respect to speci al uses was t�iere was an advantage, too, because there was a reduction in noon time traffic in and out of these areas because people within a building or complex can walk to a deli or drug store or convenience store, etc. Mr. Robinson stated they feel they need to be more competitive in the mark2t_place, and they should process an ordinance change. The next step was to_have a public hearing. Ms. Sherek stated she would like to see some drafted language before they_send out publications for a public hearing. Mr. Kondrick agreed. Ms�. Sherek stated a drive-up bank would gener.ate ongoing traffic and �"� traffic at some really bad times. So, they want to look at a particular development before they would allow a drive-up bank. PLANNING COMMISSION MEETING, JULY 22, 1987 PAGE 15 � Mr. Robertson.stated.a dr.ive-up bank would definitely not fall under the category of "for the convenience of" the people in the development. Ms. Sherek stated she felt any ordinance drafted would have to have language that would prohibit any outside signage indicating a business. Mr. Robertson asked about the threshold of the overall size of gross floor area under one ownership/management. Ms. Sherek stated she felt they want to keep_the percentage small. When they get up to 20-25%, there was the potential of changing the character of the buil�ding or development. Ms. Sherek suggested that the.tenants be notified by the development owner in the lease that they will not get the same amenities that they would get in a comnercially zoned area. Mr. Robertson stated he liked that approach because the City could incur some liability. Mr, Robinson stated Staff would come back to the next.meeting with a drafted ordinance for the Planning Commision's review. ADJOURNMENT: MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD, TO ADJOURN 2'HE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER50N BILLINGS DECLARED THE JULY 22, 1987, PLANNING COMMISSION MEETIING ADJOURNED AT 10:00 P.M. 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