PL 05/19/1999 - 7030�"�
CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MEETING WEDNESDAY, MAY 19, 1999, 7:30 P.M.
LOCATION: CITY COUNCIL CHAMBERS
FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E.
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MTG. MINUTES: May 5, 1999
1. PUBLIC HEARING:
A rezoning request, ZOA #99-02, by the City of Fridley to rezone a parcel from R�2 m
Two Family zoning to R-3 — General Multiple Units zoning, legally described as Lot
11, Block 1, Melody Manor, generally located at 7411 University Avenue.
2. Y2K update for Public Safety
� 3. RECEIVE THE MINUTES OF THE APRIL 5. 1999. PARKS & RECREATION
COMMISSION MEETING.
4. RECEIVE THE MINUTES OF THE APRIL 1, 1999, HOUSING & REDEVELOPMENT
AUTHORITY MEETING.
5. RECEIVE THE MINUTES OF THE APRIL 20 1999 ENVIRONMENTAL QUALITY �
ENERGY COMMISSION MEETING.
6. RECEIVE THE MINUTES OF THE APRIL 28, 1999, APPEALS COMMISSION
MEETING.
OTHER BUSINESS:
ADJOURN
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CITY OF FRIDLEY
PLANNING COMMISSION MEETING, MAY 5,1999
CALL TO ORDER:
Chairperson Savage called the May 5, 1999, Planning Commission meeting to order at
7:30 p.m.
ROLL CALL:
Members Present: Diane Savage, Connie Modig, LeRoy Oquist, Dean Saba,
Larry Kuechle
Members Absent: Dave Kondrick, Brad Sielaff
Others Present: Scott Hickok, Planning Coordinator
Paul Bolin, Planning Assistant
Tim Jawor, 9175 107�' Street North, Stillwater
Max Miller
Anthony 8� Cynthia Schreiner, 7372 Symphony St. N.E.
Lynn Hansen, 230 Rice Creek Boulevard
APPROVAL OF APRIL 7 1999 PLANNING COMMISSION MINUTES:
MOTiON by Mr. Saba, seconded by Mr. Oquist, to approve the April 7, 1999, Planning
Commission minutes as presented in writing.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF P.S. #99-02 BY TIMOTHY JAWOR:
Consideration of a Plat, P.S. #99-02, by Timothy Jawor to create 8 separate lots
from Lot 11, Block 1, Melody Manor, in order to construct a 7-unit townhome
structure, generally located at 7411 University Avenue.
MOTION by Ms. Modig, seconded by Mr. Oquist, to waive the reading of the public
hearing notice and to open the public hearing at 7:33 p.m.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOULSY AND THE PUBLIC HEARING
WAS OPENED AT 7:33 P.M.
Mr. Bolin stated that the petitioner, Timothy Jawor, is requesting a replat of property
located at 7411 University Avenue. This replat would allow for the construction of a 7-
� unit owner-occupied townhome structure. The petitioner would like to split the existing
lot into eight lots, providing for a separate lot for each townhome unit with a common
area for the townhome association.
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PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 2
Mr. Bolin noted that this property is also under consideration for a variance request that �
would decrease the required rear-yard setback from 40 feet to 19.2 feet. The Appeais
Commission approved this request at their last meeting. Additionally, the property is
under consideration for re-zoning from an R-2 District to an R-3 District, which is
required.
Mr. Bolin explained that the property directly to the north and south of the property
consists of apartment units. The property to the east is zoned R-1 (a church currently
exists on that property) and to the west is University Avenue and commercial and
industrial property further west.
Mr. Bolin provided a brief history of the property. He noted that in 1970 a settlement
was reached with owner Ed Chies to allow R-3 standards to be applied to the property
so that he could construct an 8-unit apartment building on the site. In 1986, the zoning
maps were accidentally drawn to show the property at R-3 property; however, the action
to formally change the zoning was never processed. At this time, the City is applying for
a re-zoning of the property so that it is in conformance with the settlement and what the
zoning maps have shown for the past ten years.
Mr. Bolin noted that in 1994 there was a proposal for a 7-unit condominium project that
was eventually withdrawn. A photograph was presented to depict how the property
exists today as well as a site plan, landscaping plan, elevation plans and floor plans for
the proposed project. Each unit would have a double car garage as well as a service ^
door to the garage. The front entrance doors would actually be located on the south
side of the building with a proposed concrete walkway around the property.
Mr. Bolin stated staff is recommending denial of this plat request. The parcel is large
enough to develop six units of the size proposed which would then meet all of the
setback requirements. Additionally, the proposed layout does not provide enough
green/open space. If the Planning Commission recommends approval of the Plat
request, staff recommends that the following stipulations be attached:
1. The fence shall be extended along the entire east side of the property.
2. All elements of the building must meet the current building code and be approved by
the City Building Official.
3. Concrete curbing be placed around parking lot and parking islands.
4. All parking spaces must be set back 20 feet from the front yard property line.
5. Proposed screening berm on west side of property must meet zoning code
requirements for height.
6. Proper elevations showing all 7 units must be provided to the City, to ensure that 4h�
elevations are architecturally symmetrical.
7. The City will approve all exterior materials.
8. The use of brick, amount to be approved by City Staff, shall be required to ensure
that the buildings have similar chara�ter to nearby buildings.
9. Final landscape plan will meet code requirements and must be approved by City �
Staff.
10.The proposed walkway shall be concrete.
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PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 3
.�"� 11.The Plat is conditional upon City Council approval of the variances & rezoning
requests.
12.A 12-foot utility and drainage easement to be granted along entire eastern edge of
property.
13.A 10-foot utility and drainage easement to be granted along entire southem edge of
property.
14. A storm pond maintenance agreement to be filed with the City prior to issuance of a
building permit.
15. The Plat must comply with all state regulations regarding townhome associations.
16.A park dedication fee of $750/unit must be paid prior to issuance of a building
permit. �
Ms. Savage noted that the 7-unit rental condominium development previously proposed
for the property met all code requirements. This proposal, however, does not meet the
requirements. She asked what the difference was.
Mr. Bolin noted that the development, which was proposed in 1994, had single-car
garages and was smaller. The variance request, if approved by the City Council, will
allow the proposal to meet all of the city code requirements.
Ms. Savage asked if staff had discussed the possibility of reducing the size of the
development with the petitioner.
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Mr. Bolin stated this has been discussed, but they have not been able to reach an
agreement.
Mr. Kuechle asked if the re-zoning would only affect this particular parcel.
Mr. Bolin stated, yes, at this time. Staff will look at the possibility of rezoning some of
the surrounding properties as well; however, that will not take place until the
Comprehensive Plan has been completed.
Ms. Savage asked when the City Council would be considering the variance request.
Mr. Bolin stated that the Council will be reviewing the replat request on May 24.
Ms. Savage asked if the surrounding property owners have expressed any concems.
Mr. Bolin stated staff has not received any letters of concem. A representative from the
church attec�ded the Appeals Commission meeting, and addressed the church's
concems as to this development and the problems they have had with existing tenants
in other apartments using the church property.
Mr. Kuechle stated he understood from the discussion at the Appeals Commission
� meeting that there does not seem to be any designated play area nearby. Therefore�
' the church property has become a main attraction for children in the area. The general
consensus of the Appeals Commission was that this appeared to be a good project and
would not severely impact the area. Whether the development was constructed at six
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PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 4
units or at seven units did not have a big difference as to the impact it would have on
the church ro e �
p p rty, when combined with the other surrounding properties.
Ms. Modig asked about stipulations #8 and #10. Mr. Bolin noted that stipulation #8
requires the use of brick on the exterior so that it will tie in with other nearby buildings.
Stipulation #10 requires the walkways to be concrete. The walkways of the other finro
apartments also have concrete walkways.
Mr. Oquist asked about Stipulation #4, which requires that the parking spaces be set
back 20 feet from the front yard property line. He asked where the front yard property
line was.
Mr. Bolin stated this would be University Avenue.
Ms. Modig asked what formula was used to determine that the proposed plan does not
have enough green space.
Mr. Bolin stated the city code requires that the rear yard be 25% of the lot depth. If this
was applied, a 50 foot rear yard setback would be required; however, the code states
that in no cases will the City require more than a 40 foot rear yard setback. The
minimum rear yard setback is 25 feet.
Ms. Modig noted that the Innsbruck Townhomes do not have a large rear yard.
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Mr. Bolin stated the rear yard setback is based upon the actual lot size.
Mr. Hickok stated that the Innsbruck development is platted with common space around
it and surrounding the block of units. That development does have the proper setbacks
from the edge of the units to their property lines.
Mr. Saba noted that in addition to aesthetic purposes, green space also provides for
proper drainage. He asked if this has been taken into consideration.
Mr. Bolin stated that the storm pond design and the calculations, which were submitted
by the petitioner, have been reviewed and approved by the City Engineer and staff.
Mr. Tim Jawor stated when this development plan was designed, they reviewed the
1994 7-unit plat and then met with various realtors and looked at other developments
within neighboring cities to define what the market wanted. This information revealed
that what people wanted were two-car garages, two bedrooms, two bathrooms, and a
moderate price range. With this development proposed as owner-occupied units, the
need for an exterior dumpster has been eliminated.
Mr. Jawor explained that they must keep these units moderately priced. By reducing
the number of units from seven to six, there will be a significant impact on the remaining
six units as far as cost. Rough calculations indicate that it would add approximately ,—,,
$5,000 to $6,000 in cost per unit.
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PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 5
,� Mr. Jawor stated that regarding the church's concems, they are proposing to construct a
6-foot high cedar� board on board privacy fence along the east lot line, to be maintained
by the townhome association.
Mr. Lynn Hansen stated he has owned and lived on the property to the north of this
proposed project for the past 20 years. He believes it is inevitable that something will
eventually be done with this property. The property has become a"dumping ground".
He stated he thinks this is a good plan, and it will enhance the area.
Cindy Schreiner, 7372 Symphony Street, stated her husband attended the Appeals
Commission meeting. They are concemed about the congestion in the area. A project
was approved at the end of Symphony Street and 74�' Avenue. In that project, the
garages are not even used for vehicles, as is the case with other properties near them.
They have a major parking problem on Symphony Street now. She also stated that
Melody Manor does not have a right-of-way out of their neighborhood. The only park to
service the residents of the development is approximately 1'h miles away.
Mr. Tony Schreiner, 7372 Symphony Street, stated he voiced his objection to this
development at the Appeals Commission. His concem is the traffic issue. He stated if
the City of Fridley continues to approve these developments, he sincerely hopes they
will address the traffic issue before something seriously happens on 73'� Avenue.
There are paths along the south side of 73`� Avenue which lead to the park; however,
there are no pedestrian crossings to allow people in Melody Manor to get across 73`�
� Avenue.
Mr. Hickok stated that the number of trips from the site, regardless of whether six or
seven units are approved, are within what had been approved years ago and are within
what the R-3 zoning would allow. There is a service drive along the front of the
development, which will act as the primary access to the site from a public street. It is
reasonable to expect that a higher density development will generate more traffic.
Calculations indicate that approximately 49 trips to and from this townhouse
development would occur on a daily basis. (A single family home would generate 10 to
11 trips daily.)
Ms. Savage aske_d if any discussions have been centered around reducing the speed
limit on 73`� Avenue.
Mr. Hickok stated that he was not aware of any discussions, but that he will make note
of the crosswalk issue addressed by Mr. Schreiner.
Mr. Jawor noted that association documents can be drawn up requiring that all cars
must be parked inside.
Mr. Schreiner stated he would have concems that these requirements could be
changed at a later date.
MOTION by IVIr. Oquist, seconded by Mr. Kuechle, to close the public hearing at �e�0
p.m.
PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 6
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE '�'
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
WAS CLOSED AT 8:20 P.M.
MOTION by Mr. Saba, seconded by Mr. Oquist, to approve PS 99-02, with the following
stipulations:
1. The fence shall be extended along the entire east side of the property.
2. All elements of the building must meet the current building code and be approved by
the City Building Official.
3. Concrete curbing shall be placed around parking lot and parking islands.
4. All parking spaces must be set back 20 feet from the front yard property line.
5. Proposed screening berm on west side of property must meet zoning code
requirements for height.
6. Proper elevations, showing all 7 units, must be provided to the City to ensure that
the elevations are architecturally symmetrical.
7. The City will approve all exterior materials.
8. The use of brick, amount to be approved by City Staff, shall be required to ensure
that the buildings have similar character to nearby buildings.
9. Final landscape plan will meet code requirements and must be approved by City
Staff.
10.The proposed walkway shall be concrete.
11.The Plat is conditional upon City Council approval of the variances & rezoning �
r�quests.
12.A 12-foot utility and drainage easement shall be granted along entire eastem edge -
of property.
13.A 10-foot utility and drainage easement shall be granted along entire southem edge
of property.
14.A storm pond maintenance agreement shall be filed with the City prior to issuance of
a building permit. .
15.The Plat must comply with all state regulations regarding townhome associations.
16.A park dedication fee of $750/unit to be paid prior to issuance of a building permit.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. COMPREHENSIVE PLAN DISCUSSION:
Mr. Hickok reopened the discussion on the Comprehensive Plan. The Planning
Commission has hosted several neighborhood-planning sessions. He noted that Mark
Koegler of the Hoisington Koegler Group, Inc., and Mary Bujold of Ma�eld Research,
Inc., are present to discuss the elements of the Comprehensive Plan, trends, and how
these trends impact the City of Fridley.
Ms. Bujold presented information in regard to demographic/housing market trends th�� ,�
are being seen around the metropolitan area, which affect the City of Fridley. The
metropolitan area is currently experiencing a housing growth. Construction contintaes �i4
PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 7
,� a rapid pace and housing resale values are increasing dramatically. She stated that
affordable housing continues to remain a key issue especially as construction and land
costs continue to increase. Rental housing construction is very low in the Twin Cities —
especially for moderate-income households where the demand is high. The tumover
rate is abnormally low in many areas� which indicates that fewer households are moving
around. Senior housing construction is escalating due to the strong demand for this
type of housing. �She stated that communities are becoming more concemed with
providing a spectrum of housing designed to meet household life-cycle needs — from
entry level to senior housing.
Ms. Bujold stated that the rate of population growth is slowing. This is particularly true
for communities such as Fridley where there is an aging population base. Households
are increasing due to demographics and social trends such as later marriages, more
divorces and fewer children in each household.
Ms. Bujold stated employment is forecasted to grow substantially during the 2000's.
Fridley's location within the metro area is very convenient with easy access to the major
freeway network. She noted that Fridley is well placed in the midst of a sizeable labor
force. Several of Fridley's major employers are growing significantly.
Ms. Bujold stated other demographic characteristics are that older and younger senior
households are increasing in the community. Households under age 35 are decreasing.
� Fridley's median hou�ehold income by age of households is similar to those for the Twin
Cities as a whole. The number of owner-occupied housing units has increased during
the 1990's. There has been very little increase in the number of rental units in Fridley
during the same time period.
Ms. Bujold stated Fridley offers a variety of housing, but the majority is affordable to
first-time homebuyers. Two issues of concem expressed by real estate agents include
lack of move up housing and lack of market rate senior housing. The majority of single
family homes in Fridley sold for between $70,000 and $149.000 in 1998, Housing
values in Fridley have continued to increase by 6.5% annually since 1994 (this rate was
at the top end of communities surrounding Fridley).
Ms. Bujold stated. that some of the ongoing housing issues include the limited land
available for new housing, localized areas of housing in poor condition, selected
removal of housing for redevelopment or replacement, lack of a broad mix of housing to
satisfy life-cycle housing needs, households skipping over Fridley to find housing that
meets their needs or households moving out of Fridley to find.suitable housing.
Mr. Kuechle asked what Fridley can do to provide move-up housing.
Ms. Bujold stated one example would be the proposed development at 74�' and
University Avenues. These are homes that provide new features and amenities that are
desirable.
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Ms. Modig wondered if the Comprehensive Plan must specifically address what type of
housing is needed in areas and will it require further changes in zoning.
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PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 8
Ms. Bujold stated the Comprehensive Plan must have enough flexibility to be able fio �
actively respond to market demands at the time. However, areas should be identified
where changes may need to take place in the future.
Mr. Kuechle stated he feels Fridley is still not addressing the life cycle housing. Most
townhomes cater to a different demographic group. Additionally, most of the
townhomes in Fridley are low-end price-wise.
Mr. Oquist stated Fridley needs to address what happens in neighborhoods in general
and what should be done with run-down properties within neighborhoods. This affects
the entire area and is a problem that should be addressed in the Comprehensive Plan.
Ms. Bujold stated that under the criteria established by the Metro Council, Fridley either
meets or exceeds the benchmark percentages for affordable housing in nearly every
category.
Mr. Koegler stated they have identified six categories of trends that affect govemment
and how they apply locally on comprehensive planning issues. Not all of the areas have
a substantial impact on the Comprehensive Plan; however, he believes social change,
quality of life, and development play a significant role.
Mr. Koegler stated that ir� looking at govemment/public participation, they have found an
eroding trust in public officials and govemment, an increase in complexity in decision ^
making and issues, a growing NIMBYism with no desire to compromise, and lack of
understanding on how to get involved in govemment processes. This affects the city
by causing an increased interest in group demands, more contentious public hearings,
and more legislation to protect taxpayers from local govemment.
Mr. Koegler stated it has been found that the public perceives taxes as being too high.
There is growing demand and expectations for services. The effect this may have on
the city is levy limits, truth in taxation and fiscal disparities. There have been increased
d�mands for service, staff resources, limited funds to maintain infrastructure and
unfunded mandates. Social changes such as increased social diversity and
multiculturalism and the aging population will increase the city's demand for human
service programs and specialized housing.
Mr. Koegler stated there is a growing demand for sense of place and identity and a
demand for a clean environment. This will cause a growing increase in community
facilities, greater emphasis on clean air and water, traffic meters, neighborhood traffic
issues and a growing interest in public gathering spaces.
Mr. Koegler stated the accelerating pace in technology and telecommunications has ��
impact on the way we do business. Information is increasingly available, growth in
home offices and telecommuting. This will create a greater demand for information e�o�
Intemet. There may be less need for traditional large-scale retail, and less need foP ,—.,
more flexible office environments/less demand for office buildings.
PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 9
,--.� Mr. Koegler stated that the City of Fridley is approaching full development. Regionai
efforts are being made to contain sprawl. At the same time, there is a very strong and
diverse regional economy. The effect this may have on the city is that growth will
become more dependent on redevelopment, a greater �ity role will be required.
addi#ional investment in rebuilding infrastructure will be needed and there will be
potential for more regional incentives and opportunities.
Mr. Koegler stated some of issues which he feels will need to be addressed in the
comprehensive plan include the following:
1) a community entrance at Central Avenue/694 and at University Avenue/694
2) housing quality — maintenance
3) Central Avenue and University Avenue — corridor appearance
4) junkyards within the city
5) the impact of the Medtronic's campus
6) lack of public transportation
7) commuter rail _
8) trails and bike paths — improving ways of getting around
9) easUwest traffic movement
10)the mix of housing
11)the role of the Mississippi River
12)the aging infrastructure
^ 13)the Hyde Park neighborhood area
14)the need for community gathering places
15)the concept of connected neighborhoods
Mr. Koegler stated that they have found that people want the urban amenities in a
suburban development. This will need to be looked at more closely to see how it can be
obtained.
Mr. Oquist stated that Fridley is really divided into three sections with University Avenue
and Central Avenue. I-694 is another dividing line. This should be addressed as well.
Mr. Saba stated he feels the bike paths do not provide continuity, allowing them to bike
from their homes to specific areas of interest and relaxation. Additionally, Fridley does
not have any pedestrian bridges or walkways over Highway 65 or University Avenue to
connect areas of the city. This is something else he would like to see addressed in the
Comprehensive Plan.
Ms. Savage stated Fridley does not have a main focal point such as a central area for
plantings, etc.
Mr. Koegler stated the information gathered and discussed will be put together and vvils
be brought back for consideration.
� 3. RECEIVE THE MINUTES OF THE MARCH 1. 1999. PARK & RECREATI0�9
COMMISSION MEETING:
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PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 10
MOTION by Mr. Saba� seconded by Mr. Kuechle to receive the Minutes of the March 1,
1999, Park and Recreation Commission Meeting. `�
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
4. RECEIVE THE MINUTES OF THE MARCH 11, 1999 HUMAN RESOURCES
COMMISSION MEETING:
MOTION by Mr. Oquist, seconded by Ms. Modig to receive the Minutes of the March 11,
1999 Human Resources Commission Meeting.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UANIMOUSLY.
5. RECEIVE THE MINUTES OF THE MARCH 10 1999 APPEALS COMMISSION
MEETING:
MOTION by Mr. Kuechle, seconded by Mr. Oquist to receive the Minutes of the March
10, 1999, Appeals Commission Meeting.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UANIMOUSLY.
n
6. RECEIVE THE MINUTES OF THE APRIL 14 1999 APPEALS COMMISSION
MEETING:
MOTION by Mr. Kuechle, seconded by Mr. Saba to receive the Minutes of the April 14,
1999, Appeals Commission Meeting.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UANIMOUSLY.
OTHER BUSINESS:
Mr. Hickok stated that the City Council considered and approved the five-foot utiliiy
easement vacation on the property located near 1015 Mississippi Street. A home is
now under construction on the site on Brookview Drive just north of Mississippi Street,
Mr. Hickok stated that two of the items on the City Council agenda for the Medtronic
project (the street vacation for Carrie Lane and the plat approval) were tabled at the
April 26 meeting and will be considered again at the May 10, 1999, City Council
meeting. The other items relating to this project were approved.
The Planning Commission reviewed the Holiday gas station facility on Highway 650
That item will be coming back to the City Council on May 10, 1999. ,�
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PLANNING COMMISSION MEETING� MAY 5, 1999 PAGE 11
Mr. Hickok stated that the code enforcement program in Fridley has been very
'� successful. He noted that he would like to have Missy Daniels, Code Enforcemenfi
Officer, attend some of the upcoming Planning Commission meetings to discuss the
progress that has been made.
Gi�
ADJOURN:
MOTION by Mr. Saba, seconded by Mr. Kuechle to adjoum the meeting.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON Sl�VA(a�
DECLARED THE MOTION CARRIED AND THE MAY 5, 1999 PLANNING
COMMISSION MEETING WAS ADJOURNED AT 9:55 P.M.
ggspectfully submitted,
1
-.���,�, ,�� �
Tamara D. Saeflce aJ�
Recording Secretary �
�
MEMOl�:ANDUM
PLANNING DIVISION
DATE: May 14, 1999
TO: Planning Commission Members
FROM: Scott Hickok, Planning Coordinator
SUBJECT: Y2K Discussion on Public Safety
At one of the Planning Commission meetings it was asked if there could be an update
on the Y2K Issue for Public Safety. Dave Sallman with the Police Department will be
attending the May 19, Planning Commission meeting to present you with an update of
the Y2K issue for Public Safety.
,''�
SH\jt
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�`"�
City of Fridley Land Use Application
ZOA-99-02 � May 19, 1999
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
City of Fridley
Requested Action:
Rezone property to R-3.
Existing Zoning:
R-2 Two Family Residential
Location:
7411 University Ave.
Size:
22,128 square feet .51 acres
Existing Land Use:
Vacant.
Surrounding Land Use & Zoning:
N: Apt. Complex & R-2
E: Church & R-1
S: Apt. Complex & R-2
'� W: HWY 65 & C-2
Comprehensive Plan Conformance:
Use of property is consistent with Plan.
Zoning Ordinance Conformance:
Section 205.09.O1.A.(1) allows multiple
dwellings including rental and
condominium apartments.
Zoning History:
• 1961 - Melody Manor is platted
• 1963 - Ed Chies obtains building permit for
8-unit apt., but never builds.
• 1964 - City changes R-2 zoning, allowing
only duplexes.
• 1970 - Ed Chies sues City to obtain his
original building permit. Settlement reached
allowing R-3 standards to be applied to
properly.
• 1986 - Zoning maps accidentally dra.wn to
show the property as R-3. (presumably to
cover the settlement)
• 1988 - City attorney memo stated that
� property should be rezoned to R-3, however,
this action has never been processed.
• 1994 - Proposal for 7 unit rental
condominium project is withdrawn.
• 1998 - Timothy Jawor proposes 7 unit
owner occupied townhomes.
Legal Description of Properly:
Lot 11, Block 1, Melody Manor
Council Action:
May 24, 1999
Public Utilities:
Located near property.
Transportation:
Town homes will be accessed by the
University Avenue service road.
Physical Characteristics:
Relatively flat, grass covered lot.
SUMMARY OF REQUEST
Property has been zoned R-2 since the eazly
1960's. Court settlement in 1970 allowed R-3
standards to be applied to the property. Since
1986 property has been labeled as R-3 on the
City Zoning maps. Rezoning to R-3 would
allow the proposed owner occupied townhome
units.
SUMMARY OF ANALYSIS
City Staff recomrrcends approval of this rezoning
request.
• would allow owner occupied townhome
units
• would allow multi-family units similar to
neighboring properties
s would meet terms of 1970 court settlement
• would make the existing zoning on the
property consistent with what is shown on
the City's zoning maps
StaffReport Prepazed by: Paul Bolin
ZOA-99-02
ANALYSIS
The vacant property located at 7411 University Avenue has been zoned R-2 since the
ea�y 1960's. A court settlement in 1970 allowed R-3 standards to be appiied to the
property, yet still the lot remains vacant. Since 1986 property has been improper�y
labeled as R-3 on the City Zoning maps.
Rezoning the property to R-3 would be consistent with the court settlement and would
be necessary to allow the proposed owner occupied townhome units. This would also
allow other multi-family units built on the site, in accordance with the court settlement, to
be conforming uses.
The proposed project by Timothy Jawor has received a variance from the appeals
commission and preliminary plat approval from the planning commission. Even if this
project were not proposed, or were to fail, the property should be rezoned to R-3 as
suggested by the City Attomey in 1988 (see attached memo).
An R-3 zoning designation on this properly would be consistent with the surrounding
area, as the properties to the immediate North and South both contain 12 unit
apartment buildings. Grace Lutheran Church owns the property immediately to the
East and HWY 65 borders the property on the West. There are other apartment
buildings and duplexes in the immediate vicinity. 'a`
PROPERTY HISTORY
The following sections address the zoning classification of this property and the lawsuit
by a previous property owner. I have also included a brief time line of the zoning
history of this property.
Zoning C/assification
Though this property has been incorrectly displayed on the City's zoning maps since
1986, this property currently is and always has been zoned R-2. In order to correct this
error, conform with the settlement of a past law suit, and allow multi-family
development, the City submitted this rezoning application for the property to become a
R-3 district.
Chies Lawsuit
In 1963, multi-family units were a permitted use in the R-2 district when Ed Chies
obtained building permits for an eight unit apartment complex. In 1964, the City
changed the zoning code so that multi-family units were no longer permitted in the R�2
zoning district. Seven years after obtaining the building permits. Mr. Chies was �nalfy
ready to build. His original building permits had long expired and multi-family uni�s we��
no longer allowed in the R-2 zoning district. Mr. Chies filed a suit against the City fo
make the original building permits valid. In the settlement that followed, Mr. �hies ���
�'' the City agreed that he could build up to 8 units provided he met all the zoning
requirements for the multi-family district.
Historical T�meline of Zon�ng Hisfory 8 Action
• 1961 - Melody Manor was platted.
• 1963 - Ed Chies obtains building permit for 8-unit apt., but never builds.
• 1964 - City changes R-2 zoning, allowing only single family homes & duplexes.
•'1970 - Ed Chies sues City to obtain his original building permit. Settlement reached
allowing R-3 standards to be applied to property.
• 1986 - Zoning maps accidentally show the property as R-3.
• 1988 - City attomey memo stated that property should be rezoned to R-3, however,
this action has never been processed.
• 1994 - Proposal for 7 unit rental condominium project, which met all code
requirements, is withdrawn.
• 1999 - Variance & Plat request from Timothy Jawor. Rezoning request from City.
While researching the current proposal from Mr. Jawor, current City staff became
aware of the mistake on the zoning map and the 1988 memo from the City attomey.
Though no action was taken in the past on the rezoning of this property, current City
staff is working to correct all mistakes and inconsistencies on the current zoning map.
� RECOMMENDATION
City Staff recommends approval of this rezoning request.
In order to correct the error on the zoning map, conform with the settlement of a past
law suit, and allow owner occupied townhomes, staff recommends approval of this
request.
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June 24, 1970
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6431 University Avenue �1.E. ' . � - � � � � '
Fridley, Minnesota 55421 � �-
Dear Homer: �
The Anoka County District Court c�se File 31410-4392 entitled -- �----
E���iard� A. Chi es vs . Ci ty of Fri dl ey and C1 arence Bel i s 1 e came ._' __
on--for �triat"'�6e�o"r2 Judgz Keyes on �;edn�sday, June 24, at 10:00 a.me
As is usual, Judge Keyes had my,elf and the attorney for Mr. Chies -
come 1n�o his chambers and go over the entire matter: The fac�s��
arere pretty much agreed upon. Chies bougnt tnese td��o lots as v�?11 -
as ten more from E& P�1 Development Company. in:October of 1963. He -
applied for building permits on all the lots on Nov�n�er 15, 1963. �
He did build aFart.^.;ert str�ct�res �n all of tFc iots ex�2�t the
two involveu in c�is lati•�suit. These are namely; Lots 8 and 11, in
Block 1, P�elody hianor. He excavated for a basement on one� of tne
lots. He did notning on the other.g. He finished his final building
of the buildings that vrere constructed in April of 1967. �The�City -�-
adopted an am�ndm�nt to its zoning code that became effectiv� about
April 15, 1964, limitina the P,2 Zoning to double da�r�llings. The �.
Code required building permits to be used within-9a days or terr�inated, �
It Yras our.. contention_tha.t. the- bui ldi ng permi t that he had taken ou� �en �---
Paovember 15, 1963 had expired before the change in the zoning. It was
Plaintiff's position that this �•ras e confiscation of his propert� in .that
the lots ha�-e no �easonable use as t4ro-family uti•�ellings and n�ed multiple
drrel 1 i nas � on ther�: � Judae Keyes agreed ��ri th the Pl ai nti ff's contention . He
thought that these t4;o vacant lots �•;ere buried bet��een existing apartnent
buildings and tF�at the City, both through its committee and by co�incil "
action, had approved�the construction of a group of apartment buildings,
including tiiese t:•ro lats. He suggested that I recon�iend to th� council �
that the building�permits be issued. The matter was continued to August 18,
and at that time he �rill issue an or�er if the City has not issued tfie
building permits. . � � �
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� o make ,some��rhat of a compromi se wi th «rn er� Wi ��nhaves �� : �_-
I was. able t reed that the perm�ts .�o lo g
�attorney in �ha� they ag _ � - ..
ihe 6 units on Lot 8 and 11 units on Lotunit buildint oneLot�ll W�I1 . ._-- -
and-an :
-be reduced to 4 �its o � - -
rec�mmend that the cour,�il take action au2h �i�s�for thatunumher ofrenits - -,
inspecti on department to i ssue- bui 1 di ng p'° . - _. .: _�
roviding that the applicant submits.the usual.other things that a
. p ermi t appl i cati ons . - __. _ .. . .
requi re.d wi th bui 1 di ng -p �. .
lisle and Nasim Qureshi appeared �ti�ith m�erin Court and __ _ --
Both Cl arence Be . _ _. . _
each of them had their documents and papers in goodror _ �der-the -- -��.��.- -�
� I� di d get the Couri: to � agreeCourt wo 1 d determi ne thatdthetbui l di ng� f---. -_� �:. �_
same circumstances that the .
�� permit had expired and that there. CourtrsYrjudgment nwill nnot caffect ar�y :--- -- �� .
the property ri ghts . I th � n�: th _ ..
other property or pending applications in the City.
Yours truly; - � � - � �
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hyman Smi th . � -- � " � � - �
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CITY OF FRIDLEY
MErIORANDIIM
1�0: JOHN FLORA, DIREGTOR OF PUBLIC WORRS
FROI�i: RAY TISCtiI,ER ERIQCSON � LEGAL INTERN �—��
DATE: IYARCH 22, 1985
SUBJECT: APPROPRIATE IISE FOR LOT 11, BLOQC l, MELODY HANOR,
7411 UAIIVFBSITY AVENUE N.E.
You requested that I give aa opinion as to whether the 1970
court ruling on the above property, etating that the applicable
aoning for the propertq vas that in effect in 1963 (which allowed
multi-family dwellings)� is applicable to subsequent cwnere or
whether rezoning ia neceseary.
I coatacted the Anoka County Cl�erk of Court who eaasined the tile
lof Ed (bies v. The Citn of Pridle9. On June 24, 1970, the parties
to the suit stipulated that a multi-family dwelling could be
built and buildin permita for the same were to be issued to Chies,
irlri assigns and successors It is my understandiag that Chies and
�1" eacn subsequent �-haa re resented to the nezt b
P uyer that the
appliCable zoniag for the property allowed multi-faailq dwellingse
It is my opinion that the right'to build�a nulti-familq dwelliag on
this property beloags to subsequent awners based upon the stipulatioa
agreed to in 1970.
Hawever� the best approach would probably be to rezone the property
so that other landowners aad developers cannot question the zoning �
decision. If rezoning entails a great deal of the City's time or
money, or if there is kncwn opposition to tke resoning, it vould be
wise to get an opinion from the City Attozney before proceeding.
If I can be of further assistance on this issue, let me know.
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MEMO
T0: JIM ROBINSON, CITY OF FRIDLEY
FROM: GREGG V. HERRICK
DATE: MARCH 29, 1988
RE: REZONING OF LOT 11, BLOCK 1, MELODY MANOR
As I understand the situation, the City poses the following
question: Should a variance be granted to allow an apartment
complex to be developed on the above described premises, currently
zoned R2, or should the City rezone the area to conform with
the use to whi.ch the property is currently being put.
On June 24, 1970 the City entered into an agreement
Chies in which the City of Fridley agreed to issue
permits to construct an eight unit apartment building
property in consideration of the withdrawal of the
It is my understanding that the current owners of the
wish to construct an apartment camplex which, while
R3 zoning requirements, beca�se of its underground
exceeds its eight unit apartment agreement signed by
on June 24, 1970.
with Mr.
building
upon the
lawsuit.
property
it meets
parking,
Mr. Chies
Because the area in question is predominantly occupied by
apartment complexes, the R3 rezoning should be carried out
regardless of how many units are finally approved. It is our
opinion that the agreement providing for the construction of
an eight unit apartment complex can be enforced against the
new owners. It is our understanding of the situation, however,
that the City has informed the current owners of the property
that the larger apartment complex will be allowed on this site.
Assuming the zoning requirements have been met, there would
be no legal problem in granting a building permit on the current
proposed -apartment complex. As far as the question as to who
is responsible for initiating and paying for the rezoning
procedure is a point which should be negotiated between the
current owners and the City Council.
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