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03/03/2003 - 46310 OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING MARCH 3, 2003 i t r � r � " ' . 4 > x � � G7TY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAM�, AflflRFSS ANfl /TFM NUMBFR YOU ARF /NTFRFSTFD /M• � � CITY COUNCIL MEETING OF MARCH 3, 2003 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or : treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public � assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require au�ciliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 603, Intoxicating Liquor, Defining Bowling Centers ............................................................... 1- 3 NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of February 19, 2003 .................................................................... 4- 16 3. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate -� to be Surplus and Authorizing the Sale Thereof (Generally Located in the Right-of-Way South of 5541 Fifth Street N.E.) (Ward 1) ................................................................. 17 - 19 M FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 _ PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Claims ...................................:.............................................................. 20 � 5. Licenses .................................................................................................. 21 - 23 � ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARINGS: 6. Consideration of the Marian Hills Neighborhood Street Improvement Project No. ST. 2003-1 ............, ....................:............... 24 , 7. Consideration of an Ordinance to Amend the . City Code of the City of Fridley, Minnesota, - by Making a Change in Zoning Districts (Rezoning � Request, ZOA #03-01, by Michael Juaire, to Rezone Property from M-1, Light Industrial, to R-3, General Multiple Units, Generally Located at 1152 Norton Avenue N.E.) (Ward 2) ......................................................... 25 - 32 FRIDLEY CITY COUNCIL MEETING OF MARCH 3. 2003 PAGE 3 OLD BUSINESS: 8. Variance Request, VAR #03-04, by Timothy Milier, to Reduce the Front Yard Setback, Generally Located at 591 Dover Street N.E. (Ward 3) (Tabled February 24, 2003) ........................................................... 33 - 39 NEW BUSINESS: 9. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #03-01, by Michael Juaire, to Rezone Property from M-1, Light Industrial, to R-3, General Multiple Units, Generally Located at 1152 Norton Avenue N.E.) (Ward 2) ............................................................................................... 40 - 42 10. Preliminary Plat Request, PS #03-01, by Michael Juaire, to Replat Property for a Townhome Development, Generally Located at 1152 and 1170 Norton Avenue N.E. (Ward 2) ................................................................................................ 43 - 47 11. Informal Status Reports .................................................................................. 48 ADJOURN. . . � -- - '� FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 QfY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, cotor, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534),�� I�� j � PLEDGE OF ALLEGIANCE. � �,(iw ` � �,�-G �� ADOPTION OF AGENDA. � �5 � F� � N APPROVAL OF PROPOSED CONSENT AGENDA OLD BUSINESS: Second Reading of an Ordinance Amending Fridley City Code, Chapter 603, Intoxicating Liquor, Defining Bowling Genters ,_,.._ 1- 3 .... . .. -_. \ � �rd # �,l � �" ,% _�1��Ik � � OPEN FORUM, VISITORS: Consideration of items not on Agenda –15 minutes. � P � �, C�,� Zz ,�- � ,�-_ �'' � �; � � �, ,� PUBLIC HEARINGS: S � �`� � � � NEW BUSINESS: ��'�`S � � 6. Consideration of the Marian Hills Neighborhood 2. Receive the Minutes of the Planning Commission Street Improvement Project No. ST. P�^^ Meeting of February 19, 2003 ........ 4- 16 2003-1 .................................. .�j �-� �. ��(�''^ : �""�� .-- -�� L" � � �� ,�`'� �� ` / '� � 7. Co.^.sidera+.ion of an Ordinance to Amsnd ihe 3. First Reading of an Ordinance Under Section 12.06 City Code of the City of Fridley, Minnesota, of the City Charter Declaring Certain Real Estate by Making a Change in Zoning Districts (Rezonting to be Surplus and Authorizing the Sale Thereof Request, ZOA #03-01, by Michael Juaire, to (Generally Located in the Right-of-Way South of Rezone Property from M-1, Light Industrial, to 5541 Fifth Street N.E.) (Ward 1) ..... 17 -19 R-3, General Multiple Units, Generally � Located at 1152 Norton Avenue N.E.) - (Ward 2) ................................... 25 - 32 4. Claims 5. Licenses ;`1 � �, ; � . �� , �'''"�,�� A 20 OLD BUSINESS: ��, �� 21 - 23 8. Variance Request, VAR #03-04, by Timothy Miller, to Reduce the Front Yard Setback, Generally Located at 591 Dover Street N.E. �Lr� (Ward 3) (Tabled Feb u ry,2�4, 2003) 33 - 39 ,N , P � • P�- � �r � �� k 7� � `` . 4,�\ : �`3� J �^'� �� i�� \ �� `� � �i/" J � � �� v �' v- � ,��„ti�"\� � b°� `� ( � FRIDLEY CITY COUNCIL MEETING OF MARCH 3,.2003 PAGE 2 S� NEW BUSINESS: ' � First Reading of an Ordinance to Amend the �ity Code of the City of Fridiey, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #03-01, by Michael Juaire, to Rezone Property from M-1, Light Industrial, to R-3, General Multiple Units, Generally Located at 1152 Norton Avenue N.E.) (Ward 2) .................................. 40 - 4� 10. Preliminary Plat Request, PS #03-01, by Michael Juaire, to Replat Property for a Townhome Development, Generally Located at 1152 and 1170 Norton Avenue N.E. (Ward 2) .................................. 43 - 47 f� c��w j�- � �� 11. Informal Status Reports ....................... 48 Q ,,� �� ;U� L ADJOURN. � ,fj l � � � � ` " 1� � �Jv �` � �� r E � � D �J , /t". � � �-�i_' " Z'C. . � i`1 � � � / ��l��" ,ji �s � ,�✓ 1� � ��, �� j�..,�,,�,.�.�. r..�� _ � G�-- � � � �n� . �,-�-�..t�� n �- -t-��.. . �,� � �� ,z`- �'�'�-�.- � � � �-"�- � � CiTY OF FRIDLEY To: From Date: Re: AGENDA ITEM C�TY C�UNCIL MEETIIVG OF March 3, 2003 William W. Burns, City Manager �� Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 3, 2003 Second Reading of an Ordinance Amending Chapter 603, Intoxicating Liquor by Defining Bowling Alleys The City Council held the first reading of an ordinance proposing an amendment to Chapter 603 Intoxicating Liquor on February 24, 2003. The amendment defines a bowling center and further clarifies and defines the appropriate food to liquor sales for a restaurant, hotel and bowling center. Staff recommends the City Council hold the second reading of the ordinance. 1 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 603. INTOXICATING LIQUOR DEFINING BOWLING CENTERS The City Council of the City of Fridley hereby finds and ordains, after review, examination and staff recommendation, that Chapter 603, Intoxicating Liquor is hereby amended as follows: 603.01 DEFINITIONS 1. Bowline Center An establishment under the control of a sin�le proprietor or manager, having a minimum of 201anes for the sport of bowlin� and where, in consideration of navment therefore, the �eneral public is permitted to participate in the sport of bowlin�. Such establishment shall have a kitchen and other facilities to serve meals and where, in consideration of navment therefore, meals are reQularlv served at tables to the �eneral public. Such establishment emnlovs an adeauate staff for the usual and suitable service to its �uests, and the business of bowline, includin� sale or rental of bowlin� eQuipment and suvplies, for a license vear is a minimum of 60% of the total Qross sales of the business. �-2. Church �3. Floor Area �4. Hotel 45. Intoxicating Liquor �6. Manufacturer �7. On-Sale �8. Restaurant. Any establishment, other than a hotel or bowling center, under the control of a single proprietor or manager, having kitchen and other facilities to serve meals and where, in consideration of payment therefore, meals are regularly served at tables to the general public. Such establishment employs an adequate staff for the usual and suitable service to its guests, and the business of serving food and/or intoxicating liquors for a license year is a minimum of 40% of the total gross sales of the business. (Ref. 579) S9. Sale(Sell) 110. Wholesale 603.02. License Required No person, except wholesalers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Chapter. No person shall sell any intoxicating liquor on Sundays without obtaining a separate license of Sunday Sales, as reauired bv Minnesota State Statues. On-Sale intoxicatine liQUOr licenses shall onlv be �ranted to bowlin� centers, hotels, and restaurants. as defined in Section 603.01, where food is vrepared and served for consumntion on the premises. 2 Resolurion No. _- 2002 Page 3 603.10. Conditions of License 18. A restaurant shall be conducted in such a manner thai, of that nart of the total business attributable to or derived from the servin� of foods and intoxicating liquors, a minimum of 4_0% of the business for a license vear is from the servin� of food. 0 . . A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, a minimum of 40% of the business for a license year is from the serving of food. A bowling center shall be conducted in such a manner that of that part of the total business attributable to or derived from the sale of food and intoxicatin� liquors, a minimum of 30% of the �ross sales of the food and liauor is from the serving of food. 19. At the time of application for renewal of application of an "on-sale" license, the appticant shall submit proof to the City that ° the minimum nercenta�e provided above in Section 603.10.18 of the gross sales, derived from the sale of food and intoxicating liquors of the establishment, for which the "on-sale" license is to be used, is in the serving of food. Passed and adopted by the City Council of the City of Fridley this _ day of , 2003. ATTEST: Debra A. Skogen, City Clerk First Reading: February 24, 2003 Second Reading: Publication: 3 Scott J. Lund, Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETiNG, FEBRUARY 19, 2003 CALL TO ORDER: Chairperson Savage called the February 19, 2003, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Diane Savage, Barb Johns, Brad Dunham, Dean Saba Members Absent: David Kondrick, Larry Kuechle Others Present: Stacy Stromberg, Planner Michael Juaire, PMJ Group, Inc. Cindy Mabel, 1214 Norton Ave. Pam Reynolds, 1241 No�ton Ave. Andrea DeWitt, 1243 Norton Ave. Porsha Hoskins, 1243 Norton Ave. APPROVE THE JANUARY 15 2003 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Saba, seconded by Ms. Johns, to approve the January 15, 2003, Planning Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a rezoning, ZOA #03-01, by Michael Juaire, to rezone from M-1, Light Industrial, to R-3, General Multiple Units, to accommodate a townhome development, generally located at 1152 Norton Avenue NE. MOTION by Ms. Johns, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg stated the petitioner, Michael Juaire of PMJ Group, is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial, to R-3, General Multiple Family. The petitioner is also requesting to replat 1152 and 1170 Norton Drive to allow for the construction of an 8-unit townhome development. Ms. Stromberg stated the subject property is zoned M-1, Light Industrial, and the properties located to the east and northeast are zoned R-3, Multiple Family. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the townhome development. Ms. Stromberg stated that the existing land use is not consistent with the existing zoning designation. Rezoning this property would be an extension of the existing R-3 zoning classification, and the entire Norton Avenue block would be zoned R-3, Multiple Family. Therefore, rezoning this property would be consistent with neighboring properties. 0 PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 3 Ms. Stromberg stated the City's zoning ordinance and zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to rezone the property from one designated use to another. So long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan designates the 2020 land use of this property as redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purposes of redevelopment are to remove older blighted structures and to provide an opportunity for more efficient land uses and eliminate inefficient land uses as under utilized parcels. Redevelopment can also provide an opportunity to build new facilities, meet current market demands and desires of the Ciry, and to eliminate incompatible land uses. All of these purposes of redevelopment have the potential of being met with the rezoning of this property. Rezoning the property to R-3 is consistent with the Comprehensive Plan and will allow for the redevelopment of this property. Ms. Stromberg stated City staff recommends approval of this rezoning request with the following stipulations as the proposed rezoning is an extension of the existing R-3 zoning district and the proposed rezoning is consistent with the Comprehensive Plan: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, shall be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick rype and application on elevations and other external building materials shall be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near the cul-de-sac. 9. The six-inch water main shall be looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the center line of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay the applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turnaround shall be redesigned to meet the City's Fire Department standards. 16. The driveway and fire turnaround shall be designed to 9-ton standards. (corrected — should be 9-ton standards, not 20-ton standards) 17. The fire turnaround shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District's requirements prior to issuance of a building permit. 5 PLANNING COMMISS�ON MEETING, FEBRUARY 19, 2003 PAGE 4 Ms. Savage asked if there were any residences on Norton Avenue that are single family. Ms. Stromberg stated the entire block is zoned R-3, Multiple Family; however, there are single family homes and duplexes on the block. Mr. Saba asked about the $1,500 fee. Is that a park fee for the plat and not the rezoning? Ms. Stromberg replied, yes, but the stipulations for the rezoning and the plat are exactly the same. Mr. Saba asked this was an R-3 rezoning instead of a planned unit development? Ms. Stromberg stated that was a good question. It is just an extension of the existing R-3 zone and seemed logical to the petitioner and staff. Mr. Saba stated that if the property is rezoned to R-3, doesn't it stay there forever as an R-3 property and does not necessarily apply to the stipulations? In other words, if a developer wanted to build this townhome development and tear it down five years from now to build an apartment building, he/she could that because the property would be zoned R-3. Ms. Stromberg stated that was correct. Mr. Saba asked how they define efficient versus non-efficient use of the land in regard to a townhouse compared to R-1 or single-family residential? Ms. Stromberg stated that if a property is zoned R-3, she woutd say the most efficient way to develop it would be by the R-3 standard with some kind of multi-family. If it was zoned R-1, Single Family, a single family home would be the most efficient use for the property. But that is the difference befinreen the finro. Mr. Saba stated he just had a concern about defining "efficient" and cramming as much as possible into an R-3 space. He did not think that was being very e�cient. Ms. Stromberg stated the Code requires so many units per acre, and Mr. Juaire can definitely build 8 units per acre within those two parcels that will be rezoned and replatted. Mr. Saba stated that he remembers a while back they changed was called a"zero Iot line approach" to a full R3 multifamily town home development approach. The zero lot line approach was a method used to allow more homes with common walls (town homes) on a piece of property that with normal residential zoning would accommodate fewer homes. In his opinion some of these developments were ok but now it seems an excuse to cram more residential development into a small lot and this unfortunately is now being classified as "efficient". Ms. Johns asked whether the petitioner was aware of the stipulation changing 20-ton standards to 9-ton standards and the requirements of the Rice Creek Watershed. Ms. Stromberg replied, yes, and the petitioner has been in contact with the Rice Creek Watershed. Ms. Savage asked whether staff has received any complaints or comments from the public concerning this. � PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 5 Ms. Stromberg stated they have heard from finro of the neighbors who have expressed concerns about traffic, parking, sewer connections, landscaping, and if the road is able to withstand the added amount of traffic Mr. Dunham asked whether there is anything unusual about this request regarding setbacks or parking-related issues. Ms. Stromberg stated, no. Mr. Michael Juaire stated that regarding the question of why rezoning to R-3 versus planned unit development, these finro prope�ties are being combined, one of which is already R-3. So they are asking that the second property also be rezoned R-3 and the combination of the two would be rezoned R-3. To rezone 1152 Norton Avenue to planned unit development would not be consistent with the plan to combine the two properties of 1170 Norton and 1152 Norton Avenues. Obviously, they have to have the same zoning designation in order to make the development work. Mr. Juaire stated that as far as efficient use, he will probably be coming before this Commission some time down the road about another parcel that has actually had some activity on it, wanting to put an 8-unit in an area where it would really be feasible and nice and good for the neighborhood. He thinks on this property, the R-3 zoning regulations would allow for something significantly in excess of 8 units, but these are 8 nice upscale townhomes, 1,700 square feet. He didn't go for maximum utilization; he went for nice townhomes. Ms. Savage asked if he had any problems with the stipulations including #19 regarding meeting all Rice Creek Watershed DistricYs requirements prior to issuance of a building permit Mr. Juaire replied he and the engineer have made an application to Rice Creek Watershed District. Mr. Saba asked if Mr. Juaire intended to fence the pond. There were some objections expressed in a document to the City about the fencing of the pond. If he doesn't fence it, is it in effect going to be a public nuisance? Mr. Juaire stated he had discussed this a little Mr. Bolin. Then he saw the stipulation (#2) about a landscape plan for the ponding area, in lieu of fencing. He stated he has not had a chance to discuss this with Mr. Bolin. He assumed that was for aesthetic reasons. He would like to propose actually putting a fence behind some bushes. You wouldn't see the fence because it would be behind the bushes, and it would be safer for little kids who might wander into the pond. So, he doesn't have a problem with that stipulation. This can be discussed further with staff. Ms. Johns stated the stipulation says landscaping, not necessarily plantings, so it may not necessarily mean bushes. It could mean some sort of other types of plants as well. So that is more particular to a wetland area that may look nice and yet achieve a goal or make it a little more attractive than a fence. Mr. Saba replied he liked the idea of a fence. He worries about the safety of children. Ms. Johns asked if it is a dry pond at this location? Mr. Juaire replied it is meant for runoff water. 7 PIANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 6 Ms. Johns asked if this meant it is not wet all season, just during the heavy rains and then it goes away. Mr. Juaire replied, that is right. Ms. Cindy Mabel, 1214 Norton Avenue, approached and stated she is two lots down from the proposed development. Her lot is like a perfect square shape. She has lived there for 31 years. It is a single-family home and she has taken a lot of care and really a lot of pride in the property. One of her biggest concerns is parking. Since all these townhomes have gone in, the parking has become a very big issue. They're all townhomes, they have very short driveways so there is a lot of parking on the street. As she looks at the curb or street access of the proposed property, there is actually going to be less street frontage for 8 townhomes than there is just for her single-family home. So, she is asking herself, where are these people going to park? From what she understands, they are all going to have two-car garages, but that doesn't allow for extra cars for visitors. What happens at Christmas when people have their families over? Where are these people going to park? And there really isn't very much street parking considering all the streets are full already. Ms. Mabel stated she can't envision how any of those trees can stay. There are some beautiful trees along Norton Creek, and there is water unless it is really a dry summer. Her kids play there. That is a wildlife area that connects down to Rice Creek, and it's beautiful down there. It is a corridor going straight up along old Central for wildlife, and taking down the trees would be the end of that. So, she is really concerned about the trees. Ms. Mabel asked that they look at the quality of life. They are paying good property taxes. Several of the properties have single family homes, and a lot of the duplexes are owner- occupied. These people have a strong interest in keeping the neighborhood a good neighborhood to live in and, with the street traffic, she doesn't see that happening. She stated people can't park in that cul-de-sac because the plows and school buses need that full width to turn around. She just hopes they will really consider the people moving in there and, maybe a smaller, four-plex or something would be more appropriate. The one house is perfectly good. The other one could be torn down and rebuilt. Ms. Pam Reynolds, 1241 Norton Avenue NE, stated she and her daughter own the duplex at 1241-1243 Norton Avenue. She and her daughter do not believe this is the right spot for more rental property. She understands it's R-3; but, as Ms. Mabel said, many of those homes have turned over and become single family. Even though they are duplexes, they are owner- occupied. She and her daughter moved into Fridley in November of 1999. Since moving into Fridley, they have seen the affect of rental property in their neighborhood. They have heard a lot of concerns about absentee landlords that have not been resolved. There is property behind her daughter's that is connected to a very large apartment complex. There is actually two apartment complexes and what they call townhouses but what she would call four-plexes. That piece of property, although wooded, has been a complaint issue with them for the last 2%2 years. The property is used as a dump site. The properties that are rental are not kept up as well as those that are single family or owner-occupied. Ms. Reynolds stated she has safety issue concerns because of the fact that Norton is a dead end street. Currently, the school bus does not come down the street because the cul-de-sac is not large enough. She has a concern with an 8-plex because of the large construction vehicles causing damage to the street. Who is going to pay for the damages the construction vehicles cause going up and down the street? Currently, the garbage trucks and snowplow are the biggest vehicles that go down that street. She just doesn't see this as being an asset to their E�� PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 7 neighborhood. She is also concerned with the traffic and the parking, because this is a dead end street. They get a lot of people who just need to turn around because they have turned in the wrong place. To their north there are the apartment buildings that can be seen behind her house, apartment buildings and townhomes. The density is already there; the vacancy rate is already there. There must be four of those townhomes right now for rent. Her concern is that as a taxpayer in Fridley, what about the absentee landlord. She is paying the taxes but she is the one who has to keep track of that property in order to maintain the value of her home. There is pride in ownership, and she doesn't believe there is in rental and doesn't believe this is effective utilization of the property. Ms. Reynolds asked that if this property has had single-family dwelling on it since 1946, how did it get zoned M-1? Ms. Stromberg stated the house was constructed prior to 1949. Fridley didn't become a city until 1949. So, they don't have any records of anything that was constructed prior to 1949. She, too, is unclear why the zoning is the way it is. Ms. Reynolds stated she guessed it would probably be because it abuts up to some of the businesses on that back side that connect via the little road to Medtronic. She just thinks it is a poor spot to be trying to put in 8 more families. Ms. Reynolds stated that in stipulations #15, #16, and #17, talking about changing the turn- around, does that mean the cul-de-sac? Ms. Stromberg stated, no, that turn-around is within the development. Ms. Reynolds stated that the owners of the apartment building at the end of the street did a beautiful job of remodeling. They put in garages, but their parking is nowhere sufficient for the number of residents they have. So, they park on the street. Even during the period of time in the winter from November 1 through April 1, there is parking in front of that apartment building. Now, she doesn't know if they have some special privilege that the rest of the neighbors don't have. She got a ticket for parking in front of her own home. She just thinks this is too many people in a small space. Ms. Johns commented she had some concerns about the trees. Mr. Juaire stated that regarding the absentee landlord, he owns property in Columbia Heights, Fridley, and Mounds View. Previously he was an engineer for 20 some years and started this business in 1988. He stated he is not an absent landlord. He takes very good care of his properties, and he does a very careful job of selecting tenants. Any difficulties would be dealt with immediately. Mr. Juaire stated this property is being requested to be replatted so each of these townhomes may in the future be owner-occupied. They are being established in such a way that they can be owner-occupied. He has had many of his tenants, many of them are professionals, that the next step after leaving his place would be to go out and purchase a home. The type of townhomes that he owns are in a category that requires a good stable job, and quite a few of these people stay with him for a year, maybe two years, and then the next step is buying a home. A few of them have even talked about the rent-to-own kind of situation which is one of the reasons he is establishing this property in the way he is requesting. �J PLANNING COMMISSION MEETING, FEBRUARY 19. 2003 PAGE 8 Mr. Juaire stated that regarding parking, each one of the townhomes are proposed to have a two-car garage with an additional two spaces for parking in front of the garage. The parking space in front of the garage is 45 feet deep which includes the driveway, so it's 20 feet deep for parking space and 25 feet deep for drive. And there is additional space in between so they would be able to put like a dozen cars out of the garage area so the residents themselves have their cars in the garage. They would be able to put another dozen cars off the street in that paved area. Mr. Juaire stated that regarding the trees, on the landscape plan he believed at least five, maybe six trees are going to be kept up. Some are in the way of the building so they have to be taken out. But, they will keep all the trees they can. Most of the trees that are being kept are on the south property line. Mr. Saba asked whether those would be identified prior to construction? Mr. Juaire replied, yes. In fact, he thought it was part of a stipulation, but there definitely was a request to fence around those with one of the orange fences to protect them from contractors. Mr. Saba and Ms. Johns commented that the landscaping has to be approved. Mr. Saba asked Mr. Juaire what his plans were to make these all rental units? Mr. Juaire replied that, initially, the units will be rented, and he is in the process of looking into the rent-to-own situation. So, that is why they are being individually platted with separate services and separate everything so they can be sold. Mr. Dunham asked if there would then be an association. Mr. Juaire replied, yes. He will own the outlot to begin with, and he is working with a lawyer to set it up. Ms. Johns asked Mr. Juaire if he owns any property now in Fridley? Mr. Juaire replied he owns a duplex at 5622-5624 4th Street and a four-plex at 56�' and 4�' Street. The tenants are professional-type people, and he has no problems. Mr. Saba asked him to again explain the parking. There is space for two cars in the garage and two cars in the driveway. He asked if there was space other than that for off-street parking for guests? Mr. Juaire replied he was indicating the area that would be a pull-up. There are four landscaping islands that are wide enough. Now that the islands have been made shorter by one of the stipulations to actually be able to parallel park in front of the landscaping island. They can't park on the turn-around as it will be designated a"no parking area", and they can't park out on the drive, because that is designated as a"no parking area", fire lane. But there woutd be 8 spaces total directly in front of the garages and then spaces at the end of the landscaping islands. Ms. Cindy Mabel asked if it would be possible for them to get a copy of the map showing "Norton Manor" and the stipulations. She personally can't envision how all of this development and all these parking spaces are going to fit on that amount of land. She also wanted to know what is in it for the City of Fridley. They all know they will be looking at their taxes being raised. 1� PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 9 With the lack of state aid coming, the City is going to be a pinch. Are they going to get enough property taxes off this use of the land to pay for the education and all the other services that the City of Fridley is going to have to put back into these eight homes? MOTION by Ms. Johns, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:15 P.M. Ms. Johns stated that regarding rezoning this property, it makes sense that it doesn't need to be M-1 zoning. She thinks it should be rezoned, and it is typical of that neighborhood to be zoned R-3. She doesn't have a problem with the rezoning. Mr. Saba stated he does. He is a little afraid of what R-3 could do in the future, especially if it stays rental. He would much rather see something else besides this, like a planned unit development. This development and the other property could be included in a planned unit development so there are more restrictions on the lot and on the development so that what goes there, stays there, and is confined to some type of an agreement, like a townhouse agreement. Mr. Dunham stated he was not sure he had a problem with what the petitioner is doing, but if Mr. Juaire was really intending to ever convey the units individually, is this going to be the right way to do it? Ms. Stromberg replied, yes, because he is platting them each individually. The Commission will be reviewing the plat next on the agenda. Ms. Savage replied she did not have a problem with this, and it appears to be a nice development. Frankly, legally, she doesn't see any way they could deny this request. It seems like the rest of the neighborhood is multi-family. From looking at the property, looking at the plans, and listening to the petitioner, she believed this is going to be an asset to the neighborhood. MOTION by Ms. Johns, seconded by Mr. Dunham, to approve rezoning, ZOA #03-01, by Michael Juaire, to rezone from M-1, Light Industrial, to R-3, General Multiple Units, to accommodate a townhome development, generally located at 1152 Norton Avenue NE, with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, shall be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials shall be reviewed and approved by Ciry staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be �ocated near the cul-de-sac. 11 PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 10 9. The six-inch water main shall be looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the center line of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building O�cial. 14. The petitioner shall pay the applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turnaround shall be redesigned to meet the City's Fire Department standards. 16. The driveway and fire turnaround shall be designed to 9-ton standards. (corrected — should be 9-ton standards, not 20-ton standards) 17. The fire turnaround shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed DistricYs requirements prior to issuance of a building permit. UPON A VOICE VOTE, DUNHAM, JOHNS, SAVAGE VOTING AYE, AND SABA VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTIUN CARRIED ON A 3-1 VOTE. 2. PUBLIC HEARING Consideration of a plat, PS 03-01, by Michael Juaire, to plat for a townhome development, generally located at 1152 Norton Avenue NE. MOTION by Ms. Johns, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:17 P.M. Ms. Stromberg stated the petitioner, Michael Juaire of PMJ Group, is requesting to replat the property located at 1152 and 1170 Norton Avenue to create 9 separate lots from Lot 11, Auditor's Subdivision #89, in order to construct an 8-unit renter-occupied townhome development. _ ._ Ms. Stromberg stated 1152 Norton Avenue is zoned M-1, Light Industrial. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the proposed townhome development, and the petitioner is also applying for the rezoning of the property as is known. Ms. Stromberg stated 1170 Norton Avenue is zoned R-3, Multiple Family. The existing home was built prior to 1949. This home will also have to be removed to accommodate the townhouse development and, as they have been discussing, all of the surrounding properties are zoned R- 3, Multiple Family. Ms. Stromberg stated the petitioner plans to locate his storm pond along the northern edge of the property line close to the entrance of the development. He plans to construct a fence to surround the storm pond. Staff believes that the image of a pond that is properly landscaped is an aesthetically pleasing element for a townhome development; however, fencing a pond would change that image. Fencing in a pond would not only create an unattractive first image as you `�� PLANNING COMMISSION MEETING. FEBRUARY 19, 2003 PAGE 11 enter the development, but it also could be detrimental to the safety of children. The petitioner should design the pond using landscaped materials to create a natural amenity and, if the pond in this location warrants a fence, the pond should be relocated on the site. The proposed townhome development meets all lot size setback, lot coverage, and parking requirements. Ms. Stromberg stated staff has heard from two neighboring property owners who expressed concerns about traffic, parking, the number of units, sewer capacity, and tree replacement. Ms. Stromberg stated City staff recommends approval of the plat request with stipulations as this request provides additional housing opportunities for Fridley residents. The stiputations for the plat request are the same as what was stipulated on the rezoning request and can be found in the packet. Mr. Saba asked the petitioner if he was going to use maintenance-free siding on all exteriors? Mr. Juaire replied, yes. Ms. Johns asked Mr. Juaire if he was just going to demolish the two existing homes and dispose of the debris or if he was going to deconstruct them. Did he know about deconstruction? Mr. Juaire stated the home at 1170 Norton Avenue is going to be destroyed and disposed of as it is in pretty rough shape. The existing home at 1152 Norton Avenue was recently remodeled and is in pretty good shape. It has a relatively irregular shape to it. He doesn't know if there are any documents that would show it, but it has had multiple add-ons and he has two house moving companies that are going to look at moving it. If it can be moved, they will do that. Ms. Johns stated that in some homes, especially homes built early in Fridley's history, the products that were made, whether it's the windows or parts and pieces of the house, are valuable to adjacent properties. Mr. Juaire stated he would not throw anything away that can be saved. There is a separate sauna at 1152 Norton Avenue that is not going to be thrown away. Mr. Saba asked if the garage doors are going to be equipped with automatic garage door openers. Mr. Juaire replied, yes, all of his townhomes have automatic garage door openers. Ms. Johns asked whether the utility shed that is located on the plan to the west of the nearest lot 8 is going to house things that are going to take care of the property itself. Mr. Juaire replied the utility shed at the west end will house both the controls for the irrigation system, lawn irrigation system, and fire protection sprinkler system. Those will be monitored controls. Ms. Johns asked if each of these homes would have garbage pickup by entering the lot at Outlot A. Mr. Juaire replied, yes. Ms. Johns asked if garbage and recycling would be within the garages and set out for pickup. 13 PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 12 Mr. Juaire stated the driveways will be constructed to street standards so the garbage trucks would come in. The garbage containers wouldn't be put on the curb; they would be put on Outlot A. Mr. Saba stated that on the rear elevation, it looks like there are dividers between each set of patio doors? Mr. Juaire replied, yes, each patio has its own private area. Ms. Pam Reynolds stated that, again, her question is who is going to pay for the damages to the road with the heavy equipment needed for this development? She is thinking mostly of the big construction trucks as Norton Avenue is not in that great of shape. She doesn't know when it is scheduled to be resurfaced, but that amount of construction equipment and that amount of movement is going to damage the street and then the City is going to assess everybody on the street. Ms. Reynolds stated the Planning Commission has to think about the residents who are already living here and the current use of that property. The residents live there, pay taxes, and some consideration needs to be given to them. Part of the reason that Ms. Mabel and her daughter are the only ones at the meeting is because Ms. Mabel is one of the only people who got a public hearing notice. Ms. Reynolds stated she owns her home. She doesn't understand this, but the only people the City sends notices to are within 350 feet and Ms. Mabel is the only one who got a notice. She is sure the other rental property owners don't care. But the density in that area is already so highly rental and what happens ten years down the line when Mr. Juaire decides to sell the development? Then who takes care of it? Then what do the residents do? She asked if there was a road behind this property that borders Medtronic? Ms. Stromberg replied, yes, but it's on Medtronic property. MOTION by Mr. Saba, seconded by Mr. Dunham, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, C1-IAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:28 P.M. Mr. Saba asked about who would be liable for the road damage. Would the contractor be liable? - Ms. Stromberg stated that, yes, the contractor would be responsible for any damage to the road. Mr. Saba stated he didn't have a problem with the plat; he just had a problem with the rezoning. Ms. Johns stated she knows the Rice Creek Watershed District through the EQE Commission. The Rice Creek Watershed District are pretty strict on a lot of its requirements and what is going on in the Rice Creek area. She feels comfortable that the RCWD has looked at this proposed development and has made requests for some changes. The plat request looks good, and she believed the parking issues have been addressed for the most part. Mr. Dunham stated the units are good sized units, and he believed they are going to be a lot nicer than people think. There is a lot of footage to them, they are not minimum standards. These are not inexpensive rental units at all. They are very nice. He doesn't have a problem with them. 14 PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 13 Ms. Savage stated she didn't either. MOTION by Mr. Saba, seconded by Mr. Dunham, to recommend approval to City Council of PS 03-01, by Michael Juaire, to plat for a townhome development, generally located at 1152 Norton Avenue NE, with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff priar to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, shall be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials shall be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shatl be located near the cul-de-sac. 9. The six-inch water main shall be looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the center line of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay the applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turnaround shall be redesigned to meet the Ciry's Fire Department standards. 16. The driveway and fire turnaround shall be designed to 9-ton standards. (corrected — should be 9-ton standards, not 20-ton standards) 17. The fire turnaround shall be posted, "No Parking Fire Lane.° 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District's �equirements prior to issuance of a building permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the rezoning and plat requests will go to the City Council on March 3, 7:30. The Council will make the final decision on these requests. 3. RECEIVE THE MINUTES OF THE JANUARY 8 2003 APPEALS COMMISSION MEETING. MOTION by Ms. Johns, seconded by Mr. Saba, to receive the January 8, 2003, Appeals Commission meeting minutes. 15 PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 PAGE 14 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE JANUARY 9 2003 HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Saba, seconded by Mr. Dunham, to receive the January 9, 2003, Housing and Redevelopment Authority meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. OTHER BUSINESS: Ms. Stromberg stated the next meeting is March 5 and there is one item which is a plat request. ADJOURNMENT: MOTION by Ms. John, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE FEBRUARY 19, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 8:32 P.M. Respectfully submitted, . c �-- ,�- ��t,c� Denise M. Letendre �� Recording Sec�etary �� 0 � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF MARCH 3, 2003 February 19, 2003 Wiiliam Burns, City Manager A�� n, From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading of an Ordinance Declaring Certain Real Estate to be Surplus and Authorizing Sale Thereof M-02-29 INTRODUCTION Tim Sylvester Builders, Inc., owner of 5541 5th Street, is seeking to obtain an unused portion of City right of way (ROW) located immediately south of his property. The 3,385.1 square foot parcel was originally taken by the State as ROW for I-694, but was turned back 17 The City will retain a 10' boulevard between the edge of the property and the existing bituminous roadway, consistent with properties to the west. The parcel in question is not buildable as a stand-alone parcel and the City has no plans for future use of this property. As Tim Sylvester Builders has agreed to the City's conditions placed on the sale of this property, staff recommends the Council declare the property excess and authorize sale thereof. STAFF RECOMMENDATION Staff recommends holding the First Reading of the ordinance declaring this property surplus and selling the property for $1/ square foot, with the following conditions: • Purchaser cover all filing fees associated with transaction. • Purchaser provide a guarantee of clean title. • Parcel be combined with Purchase�'s existing property. • Purchaser prepare a quit claim deed. • Purchaser provide the new legal description of the property to the City. • City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. • The sale shall be effective by July 1, 2003. Staff has prepared an ordinance declaring this property excess for the Council's review. If Council is inclined to declare the property excess and authorize sale of said property the second reading of the ordinance will be scheduled for their March 24, 2003, meeting. � � ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CgIARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Lots 25 and 26, Block 7, Hamiltons Addirion to Mechanicsville, Anoka County, Minnesota, lying Northerly of the followin� described line: Commencing at the Northeast comer of said lot 26; Thence southerly along the east line of said Lot 26, a distance of 46.50 feet to the point of beginning of the line to be described: thence Northwesterly to a point on the westerly line lying 5.50 feet southerly of the Northwest corner of Lot 26 and said line there terminating. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk aze hereby authorized to sign the necessary contracts and deeds to affect the sate of the above-described real estate, for $1/square foot, to the adjacent property owner, with the following conditions: • Purchaser cover all filing fees associated with transacrion. • Purchaser provide a guarantee of clean title. • Parcel be combined with Purchaser's eacisting property. • Purchaser prepare a quit claim deed. • Purchaser provide the new legal description of the property to the City. • City must approve architectural elevarions of any buildings to be constructed on the combinarion of lots prior to issuance of any building pemuts. • The sale shall be effective by July 1, 2003. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 2003. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: March 3, 2003 Second Reading: Publication: 19 = AGENDA ITEM COUNCIL MEETING OF MARCH 3, 2003 UiY OF FRIDLEY CLAIMS 110237 -110361 20 0 � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCfL MEETIIVG OF FEBRUARY 24, 2003 LICENSES Type of License � FOOD Chix, Inc Christine Hogan 5925 University Ave Fridley, MN 55432 Bosnian Supermazket Fatima Hoso 6253 University Ave NE Fridley, MN 55432 TAXICAB United Taxi Services Moses Al 7618 Lyndale Ave So Richfield, MN 55429 United TaYi Services Abdirasak Ahmed 7618 Lyndale Ave So Richfield, MN 55429 United Taxi Services Liban Mohamoud 7618 Lyndale Ave So Richfield, MN 55429 TREE REMOVAL AND TREATMENT Eagle Tree Service, Inc Michael Jensen 6289 Louisiana Ave No Brooklyn Park, MN 55428 Reliable Tree Service Peter Vagovich 6600 Brookview Dr Fridley, MN 55432 Miller Tree Service Anthony Miller 11375 Lexington Ave NE Blaine, MN 55449 FIREARM Stanton O. Berg Stanton Berg 6025 Gardena Lane Fridley, MN 55432 21 Approved By Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Public Safety Public Safety Public Works Public Works Public Works Public Safety Fees $4� $45 G, .1 $5 $5 $40 $40 E� � � $25 AGENDAITEM City Council Meeting Of Monday, March 03, 2003 City of F rid ley Electrical Tele Tech Communications Inc 3612 Filimore St NE Minneapofis MN 55418- Gas Services Little Igloo HVAC Inc 1502 7 Ave S Anoka MN 55303- General Contractor-Commercial Fidelity Building 8 Remodeling Inc 2003 NW Northdale Blvd Coon Rapids MN 55433- General Contractor-Residential Lampert Yards Inc (20103953) 1850 Como Ave St Paul MN 55108- Heatinu Little Igloo HVAC Inc 1502 7 Ave S - Anoka MN 55303- Plumbinq A-Able Plumbing Co Inc 5816 Dupont N Brooklyn Center MN 55430- Barnes Plumbing Co Inc 3923 Washington Ave N Minneapolis MN 55412- � Morris Fraenkel Donald Sufka Damian Greene Steven Carlson Donald Sufka Tim Dehn Nancy Kukowski 22 Approved By: State of MN Ron Julkowski Building Official Ron Julkowski Building Official State of MN Ron Julkowski Building Official State of MN State of MN Sign Erector Signs By RSG 6160 Green Valley Rd Ramsey MN 55303- � Spencer Blackwelder 23 Approved By: Ron Julkowski Building Official � � CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 3, 2003 TO: William W. Burns, City Manager�� FROM: Jon .�, Public Works Director DATE: SUBJECT February 21, 2003 PW03-028 Public Hearing on Marian Hills Neighborhood Street Improvement Project No. ST. 2003 -1 A neighborhood meeting was held on June 4, 2002 for the residents affected by the Marian Hills Neighborhood Street Improvement Project. Twenty people attended this meeting. The project and proposed assessments were explained at that time. Assessments for this project are set at a not-to- exceed price of $15.00 per front lineal foot for those properties. The public hearing for the Marian Hills Neighborhood Street Improvement Project No. ST. 2003 -1 was set for March 3, 2003 by the City Council at their February 10, 2003 meeting. JHH:cz 24 � � CifY OF FRIDIEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 3, 2003 Date: February 25, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Pfanning Coordinator Stacy Stromberg, Planner Subject: Public Hearing For Rezoning Request, ZOA #03-01, Michael Juaire, PMJ Group, Inc. M-03-31 INTRODUCTION Michael Juaire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial to R-3, Multi-Family to allow for the construction of an 8-unit town home development. At the February 19, 2003, Planning Commission meeting, comments were made from two neighboring property owners. They expressed concerns about traffic, parking, number of units, sewer capacity and tree removal. PLANNING COMMISSION RECOMMENDATION At the February 19, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-01. After a brief discussion, the Planning Commission recommended approval of plat request, ZOA #03-01, with the stipulations #1-#19 below. THE MOTION CARRIED BY A 3 TO 1 VOTE. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council hold the public hearing for ZOA #03-01. In addition Staff recommends that stipulations #20 and #21, below, be added to any approval of the rezoning. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 25 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approvaL 26 � ! � f �-_ � ti.' __ ` - � ' y J'._ ,. � j ___ �� , � r ,.�. _ - �:�� _ - _ - r' - � ---- _ _.._ _ ______ • - --- � . . . : j i c : .l. # �''� : --- E�r � , .'` ^ — •-----r^-- -- —_�--f----- _----- ---_ ------ . _ --- � ---- —\_� : , ` / - ---- --�-� �' �_��-----�� t+G.�C_ C.' ' . _ -- , � j 1 . � -°`;,;,.� 4>.. k . __ y/�� f' L's . ,r '� = � -- ,� j .d �' �l . �,.. ;� jL �_-..%� � ---- —__. ---- r' . . . . . .. 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(�..fi�1At{� �,'N�N , nr, ca�W, � \ . . City of Fridley Land Use Application ZOA-03-01 February 19, 2003 GENERAL INFORMATION Applicant: Michael Juaire PO Box 43243 Brooklyn Park MN 55443 Requested Action: Rezone propefii from M-1 to R-3. Existing Zoning: M-1 Light Industrial _ Location: 1152 Norton Avenue Size: 27,885 sq. ft. .64 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Vacant & Single family & M-1 & R- 3 E: Single family & R-3 S: Med#ronic & M-2 W: Commercial & G2 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Section 205.09.01.A.(1) allows multiple dwellings including rental and condominium apartments. _ Zoning History: 1949 – Lot platted. Home built pre-1949. 1967 – Garaqe built. — Legal Description of Property: Lot 11, Auditor's Subdivision #89 Council Action: March 3, 2003 Public Utilities: Located near property. Transportation: Town homes will be accessed from Norton Avenue. Physical Characteristics: Typicaf suburban lot and landscapinq. SPECIAL INFORMATION SUMMARY OF REQUEST Petitioner, Michael Juaire is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial to R-3, Multi-Family to allow for the construction of a town home development. SUMMARY OF ANALYSIS City Staff recommends approval of this rezoning request. • Proposed rezoning is an extension of the existing R-3 zoning district. • Proposed rezoning is consistent with the Comprehensive Plan. Existing home Staff Report Prepared by: Stacy Stromberg 27 ZOA #03-01 REQUEST Mich aire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue, from M-1, Light Industrial to R-3, Multi-Family. With this rezoning request, the petitioner is also requesting to re-plat both 1152 and 1170 Norton Drive to allow for the construction of an 8 unit town home development. ANALYSIS The subject property is zoned M-1, Light Industrial. The properties located immediately to the East and Northeast of the subject property are zoned, R-3, Multi-Family. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the town home development if the rezoning and plat are approved. Zoning —As stated above, the subject property is zoned M-1, Light Industrial and the existing land use is a single family home. The existing land use isn't consistent with the existing zoning designation. Rezoning this property would be an extension of the existing R-3 zoning classification as the entire Norton Avenue block is zoned R-3, Multi-Family with the exception of this property. Therefore, rezoning this property would be consistent with neighboring properties. Nhoto of 1152 Norton Avenue Comprehensive Plan —The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan designates the 2020 future : land use of this property as "Redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirabte elements that reflect the community collective vision. The purposes of redevelopment are to remove older blighted structures and to provide the opportunity for more efficient land uses and eliminate inefficient land uses and under utilize parcels. Redevelopment can also provide an opportunity to build new facilities, meet current market demands and desires of the City and to eliminate incompatible land uses. All of the above purposes of redevelopment have the potential of being met with the rezoning of this property. Rezoning the property to R-3 is consistent with the Comprehensive Plan and will allow for the redevelopment of the property. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. • Proposed rezoning is an extension of the existing R-3 zoning district. • Proposed rezoning is consistent with the Comprehensive Plan. Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 29 13. All elements of the building shail meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 20 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 30 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Councii of the City of Fridley does ordain as foliows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County ofAnoka and the City of Fridley and described as: The West 284 feet of Lot 11, Auditors Subdivision No. 83, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 491, according to the duly recorded plat thereof. Is hereby designated to be in the Zoned District M-1 (Light Industrial). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1 (Light Industrial) to R-3 (Multi-Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: SCOTT J. LUND - MAYOR 31 Rezoninq Attachment 1 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. , 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the prope�ty shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order#o - accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 32 � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 3, 2003 CfTY OF FRIDLEY Date: February 27, 2003 � To: William Burns, City Manager From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #03-04, Timothy Miller, 591 Dover Street M-03-33. INTRODUCTION The petitioner, Timothy Miller, is seeking two variances to will allow for the reduction of the front yard setback at his residence at 591 Dover Street. The first variance request is to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity. The original home was constructed prior to 1949. When it was constructed, it was built facing Dover Street, meeting all setback requirements. When Dover Street was vacated in 1991, Broad Avenue became the code required front yard, because it's the property's only street frontage. With Broad Avenue becoming the front yard, it left a non-conforming front yard setback at 18.2 feet. The second variance request is to reduce the front yard setback from 29 feet to 10 feet to construct an open covered porch on the west side of the home. The petitioner would like to use this porch to connect his existing decks on the north and south sides of his home, City Staff has not been able to identify any hardship for this variance request. Undue hardship does exist, when it comes to the placement of the existing house, however, the desire to construct a porch on the west side of the home that connects the decks on the north and south sides of the home is not a unique condition. CITY COUNCIL ACTION This item was tabled at the February 24, 2003, City Council Meeting, because the petitioner wasn't present. APPEALS COMMISSION RECOMMENDATIONS First Variance Request — At the February 12, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-04. After a brief discussion, the Appeals � Commission recommended approval of the front yard setback variance recognizing an existing non-conformity. THE MOTION CARRIED UNANIMOUSLY. Second Variance Request — At the February 12, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-04. After a brief discussion, the Appeals Commission recommended denial of the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house, as no similar variances have been granted in the past, an alternative does exist, and there is no undue hardship. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. 34 City of Fridley Land Use Application SP #03-04 February 12, 2003 GENERAL INFORMATION SPECIAL INFORMATION Appiicant: Timothy Miller 591 Dover Street NE Fridley MN 55432 Requested Action: Variances reducing the front yard setback. Existing Zoning: R-1 (Single Family Residential) Location: 591 Dover Street Size: 14,850 sq. ft. .34 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family 8� R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.03.D.(1) requires a front yard setback of 25 feet." ` City Code requires that if the front yard setback of neighboring homes is greater than the minimum front yard setback, then the setback for the new structure can be six (6) feet more or less of the average depth of the adjacent structures. In no case shall it be less than the required front yard setback. Zoning History: 1922 — Lot is platted. 1949 — Home built pre-1949. 1963 — Detached garage built. 1991 — Dover Street vacated. 1998 — Building permit issued to construct a basement and add a foyer. 2002 — Special use permit and building permit issued to construct a second accessory structure. 2002 — Building permit issued to construct a second story to the home. Legal Description of Property: Lots 18 thru 21, Block K, Riverview Heiqhts Public Utilities: Home is connected. Transportation: Broad Avenue provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Miller, is seeking a variance to reduce the front yard setback to recognize an existing non-conformity and a variance to construct an open covered porch on the west side of his home. SUMMARY OF HARDSHIP "My reason of hardship would start with the direction of my house. The address, 591 Dover Street, sits on the corner of Dover Street (vacated) and Broad Avenue. The front of the house was built facing Dover Street and at the bottom of a hill. The house looks like it wou/d be addressed otf Broad Avenue, even though the house was built facing Dover Street." - Timothy Miller SUMMARY OF ANALYSIS City Staff recommends approval of the front yard setback variance recognizing an existing non- conformiry. • The variance is simply recognizing a pre- existing condition. • Approving this variance should not set a precedent for undeveloped lots in the future. City Staff recommends denial of the front yard setback requesf to reduce the fiont yard setback to construct an open, covered porch on the west side of the house. • No similar variances have been granted in the past. • An alternative does exist. • There is no undue hardship. CITY COUNCIL ACTION/ 60 DAY DATE City Council — February 24, 2003 (Existing home) Staff Report Prepared by: Stacy Stromberg VAR #03-04 REQUEST Petitioner, Timothy Miller, is seeking two variances that will allow for the reduction of the front yard setback at his residence at 591 Dover Street. The first variance request is to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity. The second variance request is to reduce the front yard setback from 29 feet to 10 feet to construct an opened covered porch on the west side of his home. ANALYSIS The property is zoned R-1 Single Family as are all surrounding properties. The property is addressed off Dover Street; however, it receives access from Broad Avenue. Essentially this property is a corner lot, being situated on the corner of Dover Street, which was vacated in 1991, and Broad Avenue. The original home was constructed prior to 1949. When it was constructed, it was built facing Dover Street, meeting all setback requirements. When Dover Street was vacated in 1991, Broad Avenue became the code required front yard, because it's the property's only street frontage. With Broad Avenue becoming the front yard, it leaves a non-conforming front yard setback at 18.2 feet. The petitioner is seeking a variance to recognize this non-conforming setback. Existing Home 36 The dimensions of the lot are 110 ft. by 135 ft. and it's a rectangular shape. As stated above, the existing home was built prior to 1949, the existing garage was built in 1963, a building permit was issued in 1998 to construct a basement and to add a foyer to the home, a special use permit and building permit were issued in 2002 to allow for the construction of a second accessory structure, and also in 2002, a building permit was issued to allow for the construction of a second story to the home. CODE REQUIREMENTS City Code requires a minimum front yard setback of twenty-five (25) feet; however, because one of the neighboring properties is set back at forty-five (45) feet and the other is set back at twenty-five (25) feet, the front yard setback averaging requirement needs to be considered. City Code requires that if the front yard setback of neighboring homes is greater than the minimum front yard setback, then the setback for the new structure can be six (6) feet more or less of the average front yard setback depth of the adjacent structures. In no case shall it be less than the required front yard setback. Based on the above code requirements, a front yard setback of 29 feet is determined. As stated above, the home/garage to the north is set back 25 feet from the front yard property line and the home directly to the south is set back 45 feet from the front yard property line. The average of these two setbacks is 35 feet. When you add/minus 6 feet, the front yard setback options for this home are between 29 feet and 41 feet. Front Yard Setback Variance — recoqnizinq an existinq non-conformitv The petitioner is seeking a variance to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity. As was stated above, the vacation of Dover Street changed the code required front yard of this property to Broad Street, thus leaving a non-conforming front yard setback. This property also has unique conditions relating to the steep hill on the east side of the property, which may have helped determine the placement of the original home. Granting this variance should not set a precedent for undeveloped lots in the future as iYs simply recognizing an existing non-conformity. There was a similar variance granted in 2002 at 6452 Able Street, to reduce the front yard setback from 29 feet to 18.8 feet to �ecognize an existing non-conformity. Front Yard Setback Variance — construction of open, covered porch The petitioner is also seeking a variance to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of his home. He would like to use this porch to connect his existing decks on the north and south sides of his home, which he believes would make for a more uniform look to his house. Staff has taken a look at the site and noted that there is another option that wouldn't require a variance. This alternative is that the petitioner could construct steps coming off the west sides of the north and south decks and then connect them with sidewalk. The sidewalk would allow for a connection to both of the decks without requiring a variance to reduce the front yard setback to 10 feet. 37 Front yard setback Variance Hardship Before the Commission shali grant a variance, it is the responsibility of the applicant to prove that enforcement of the code wouid case undue hardship because of conditions unique to the property and that if the variance is granted it will be in keeping with the intent of the ordinance. Undue hardship as defined by law is: 1. The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by action of the landowner. 3. The variance, if granted, will not alter the character of the neighborhood. City Staff has not been able to identify any hardship for the variance request for the construction of an open, covered porch on the west side of the petitioner's home. The hardship statement submitted by the petitioner shows that undue hardship does exist, when it comes to the placement of the existing house. However, the desire to construct a porch on the west side of the home that connects the decks on the north and south sides of the home is not a unique condition. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: 1. The property cannot be put to reasonable use if used under the requirement of the code. Staff's research recognized that an alternative does exist. Property can still be used as a single family home. There are already two decks connected to the home. : 2. The need for the variance is due to unique property conditions. . The property does have unique property conditions, however those conditions do not affect the petitioners ability to have 2 decks on the north and south sides of his home. 3. The variance will not alter the character of the neighborhood. • The code requires the front yard to provide front yard space to be used for green areas which enhance neighborhoods. The front yard setback is also required for aesthetic consideration to reduce the building "line of sight encroachment into the neighbor's front yard, which makes the homes less intrusive and prevents obstructing site lines. There are no other homes on this block that come close to encroaching this far into the front yard setback. City staff has received no comments from neighboring property owners. SUMMARY OF HARDSHIP "My reason of hardship would start with the direction of my house. The address, 591 Dover Street sits on the comer of Dover Streef (vacated) and Broad Avenue. The front of the house was built facing Dover Street and at the bottom of a hill. The house /ooks like it would be addressed off Broad Avenue, even though the house was built facing Dover Street. "- also see attached hardship statement. - Timothy Miller RECOMMENDATIONS City Staff recommends approval of the front yard setback variance recognizing an existing non-conformity. • The variance is simply recognizing a pre-existing condition. • Approving this variance should not set a precedent for undeveloped lots in the future. City Staff recommends denial of the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. • No similar variances have been granted in the past. . An alternative does exist. • There is no undue hardship. 39 : AGENDA ITEM CITY COUNCIL MEETING OF MARCH 3, 2003 cmr oF FRIDLEY Date: February 25, 2003 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading of Ordinance To Approve Rezoning Request, ZOA #03-01, Michael Juaire, PMJ Group, Inc. M-03-32 INTRODUCTION Michael Juaire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial to R-3, Multi-Family to allow for the construction of an 8-unit town home development. At the February 19, 2003, Planning Commission meeting, comments were made from two neighboring property owners. They expressed concerns about traffic, parking, number of units, sewer capacity and tree removal. PLANNING COMMISSION RECOMMENDATION At the February 19, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-01. After a brief discussion, the Planning Commission recommended approval . of plat request, ZOA #03-01, with the stipulations #1�#19 below. THE MOTION CARRIED BY A 3 TO 1 VOTE. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. In addition Staff recommends that the Councit hold the first reading of the ordinance to approve ZOA #01- 03, with stipulations #20 and #21. . � ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The West 284 feet of Lot 11, Auditors Subdivision No. 83, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 491, according to the duly recorded plat thereof. Is hereby designated to be in the Zoned District M-1 (Light Industrial). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1 (Light Industrial) to R-3 (Multi-Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: SCOTT J. LUND - MAYOR 41 Rezoninq Attachment 1 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building O�cial. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 42 � a G7Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 3, 2003 Date: February 21, 2003 To: Wiliiam Burns, City Manager (�r � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #03-01, Michael Juaire, PMJ Group, Inc. M-03-30 INTRODUCTION Michael Juaire, PMJ Group, Inc., is requesting to replat the property located at 1152 and 1170 Norton Avenue, to create 9 separate lots from Lot 11, Auditor's Subdivision #89, in order to construct an 8-unit town home development. PLANNING C(�MMISSION RECOMMENDATION At the February 21, 2003, Planning Commission meeting, a public hearing was held for PS #03-01. After a brief discussion, the Planning Commission recommended approval of plat request, PS #03-01, with the stipulations #1-#19 below. In addition, Staff recommends that stipulations #20 and #21, below, be added to approval of the plat. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 43 � 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering stafF's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the properly shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utitities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approvaL . .I City of Fridley Land Use Application PS-03-01 February 19, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Juaire PO Box 43243 Brooklyn Park MN 55443 Requested Action: Replat property to accommodate an 8 unit town home development. Existing Zoning: R-3, General Multiple Units & M-1, Liqht Industrial Location: 1152 and 1170 Norton Avenue Size: 41,197 sq. ft. .95 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Vacant & Single family & M-1 & R- 3 E: Single family & R-3 S: Medtronic & M-2 W: Commercial & G2 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments are a permitted use in the R-3 zoning district. Zoning History: 1152 Norton Avenue • 1949 — Lot platted. • Home built pre-1949. • 1967 — Garage built. 1170 Norton Avenue • 1949 — Lot platted. • Home built pre-1949. Legal Description of Property: Lot 11. Auditor's Subdivision #89 Council Action: March 3, 2003 Public Utilities: Located near property. Transportation: Town homes will be accessed from Norton Avenue. Physical Characteristics: Typical suburban lot and landscapinq. SUMMARY OF REQUEST Petitioner, Michael Juaire is requesting to replat the properties located at 1152 and 1170 Norton Avenue to allow for the construction of an 8 unit town home development. SUMMARY OF ANALYSIS City Staff recommends approva! of this preliminary p/at request, with stipulations. • Provides additional housing opportunities for Fridley residents. Staff Report Prepared by: Stacy Stromberg � PS #03-01 REQUEST Michaei Juaire, PMJ Group, Inc. is requesting to replat the property located at 1152 and 1170 Norton Avenue, to create 9 separate lots from Lot 11, Auditor's Subdivision #89, in order to construct an 8-unit renter occupied town home development. ANALYSIS The property at 1152 Norton Avenue to zoned is zoned M-1, Light Industrial. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the proposed town home development. The petitioner is also applying for a rezoning for this property from M-1, Light Industrial to R-3, Multi-Fami�y. The property at 1170 Norton Avenue is zaned R-3, Multi-Family. The existing home was built prior to 1949 and will also need to be removed to accommodate the proposed town home development. All of the surrounding properties are zoned R-3, Multi-Family. The petitioner plans to locate his storm pond along the northern edge of the property line, close to the entrance of the development. He plans to construct a fence to surround the storm pond. Staff believes that the image of a pond that is properly landscaped is an aesthetically pleasing element for a town home development; however, fencing a pond would change that image. Fencing in the pond would not only create an unattractive first image as you enter the development, but it also could be detrimental to the safety of children. The petitioner should design the pond using landscape materials to create a natural amenity, and if the pond in this location warrants a fence, the pond should be relocated on the site. The proposed town home development meets all lot size, setback, lot coverage, and parking requirements. Staff Recommendation City Staff recommends approval of fhis preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. � . 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 20 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 47 . � . u 0 u � ` AGENDA ITEM aTMOF CITY COUNCIL MEETING OF MARCH 3, 2003 FRIQLEY I INFORMAL STATUS REPORTS � i � , , ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE AMENDING THE MEMBERSHIP OF THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER 6, COMMISSIONS, OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS: That Chapter 6 of the Fridley City Code is hereby amended as follows: 6.03 PLANNING COMMISSION 4. Membership of Planning Commission A. The Planning Commission shall consist of the Planning Commission chairperson, the chairperson of the Parks and Recreation Commission, the chairperson of the Appeals Commission, the chairperson of the Environmental Quality and Energy Commission, and �we-E�.} three 3 members-at-large. (Ref. 871 and 937) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Publication: