RES 2009-73 - 14658RESOLUTION NO. 2009 - 73
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09 -17
FOR PREMIER FMC, LLC, GENERALLY LOCATED AT 500 -550 OSBORNE ROAD NE
WHEREAS, Section 205.07.0l.C.7 of Fridley City Code allows medical clinics in an R -1, Single
Family zoning district by a special use permit if certain conditions can be met; and
WHEREAS, on November 18, 2009, the Fridley Planning Commission held a public hearing to
consider a request by Premier FMC, LLC on behalf of the North Suburban Hospital District and the
Fridley Medical Center, for the property generally located at 500 -550 Osborne Road NE in Fridley,
legal description attached in Exhibit B, for a Special Use Permit SP# 09 -17 for the construction of a
medical clinic; and
WHEREAS, on December 14, 2009, the Fridley City Council approved the stipulations represented
in Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit
SP# 09 -17; and
WHEREAS, the petitioner, was presented with Exhibit A, the stipulations for SP# 09 -17, at the
December 14, 2009 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP# 09 -17 and stipulations represented in Exhibit A are hereby adopted by City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 141h
DAY OF DECEMBER, 2009.
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ATTEST:
DEBRA A. SKOGETNJ CITY CLERK
Resolution No. 2009 -73 Page 2
EXHIBIT A
SP# 09 -17 Special Use Permit for a Medical Office Clinic
Premier FMC, LLC, Generally located at 500 -550 Osborne Road NE, Fridley, MN
Stipulations
1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed
upon final plat approval.
2. New cross parking agreements shall be established and filed between Fridley Medical Center,
Unity Hospital and the Unity Professional Building upon final plat approval.
3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for
the proposed medical office clinic.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. City Engineering staff to review and approve grading and drainage plan prior to issuance of a
building permit.
7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City
Staff prior to issuance of building permit.
8. The subject property shall be maintained free of any and all construction litter. All construction
materials shall be properly managed on site to avoid neighborhood impacts.
9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday
through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays.
10. Future additions /expansions on this site shall be reviewed by City Staff and a determination shall
be made regarding the need for a strategic plan for structured parking. If sufficient additional
parking is required based on the addition, a structured parking plan will be required.
11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between
the hospital, professional building and new medical clinic building.
12. The petitioner shall provide 5 ft. easement and sidewalk along 5th Street, Lyric Lane, and
Madison Street. Design and placement shall be reviewed by the City's engineering staff.
Installation of 5th Street sidewalk in 2010 with proposed project, installation of Lyric Lane
sidewalk in 2011 and installation of Madison Street sidewalk in 2012.
13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
14. The petitioner shall comply with any requirements set forth by the Anoka County Highway
Department.
15. The petitioner shall obtain a permit from Anoka County for any work done within the county
right -of -way.
16. No signs shall be located within the County right -of -way. Any planting within the right -of -way
shall be approved by the County prior to planting.
17. Stormwater management maintenance agreement shall be filed with the City prior to issuance of
building permits.
18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be
removed for the proposed medical clinic or parking shall be marked and approved by City staff
prior to issuance of building permits.
19. The petitioner shall screen parking areas from the public right -of -way by a continuous earth berm
with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of
landscaping.
Resolution No. 2009 -73 Page 3
EXHIBIT B
SP# 09 -17 Special Use Permit for a Medical Office Clinic
Premier FMC, LLC, Generally located at 500 -550 Osborne Road NE, Fridley, MN
Legal Description
Parcel I and Parcel II (Torrens /Certificate No. 43167)
Parcel I: That part of the Northeast Quarter of the Northwest Quarter of Section 11, Township 30, Range
24, Anoka County, Minnesota lying southerly of the southerly line of the plat of OSBORNE MANER 2ND
ADDITION, Anoka County, Minnesota,; lying east of the plat of OSBORNE MANOR, Anoka County,
Minnesota; lying north of the plat of MELODY MANOR 2ND ADDITION, Anoka County, Minnesota;
except that part thereof included within the following described property to -wit:
That part of OSBORNE MANOR 2ND ADDITION, of vacated 76th Avenue Northeast and of the
Northeast Quarter of the Northwest Quarter of Section 11, Township 30, Range 24, all is Anoka County,
Minnesota, described as follows:
Commencing at the northeast corner of Lot 12, Block 1, said OSBORNE MANOR 2ND ADDITION;
thence South 1 degree 7 minutes 22 seconds East, along the easterly line of said Lot 12 and the easterly
line of said Northeast Quarter of said Northwest Quarter, 135.59 feet to the actual point of beginning;
thence continuing South 1 degree 7 minutes 22 seconds East, along said easterly line of said Northeast
Quarter of said Northwest Quarter, 342 feet; thence North 89 degrees 19 minutes 22 seconds West a
distance of 132 feet; thence South 0 degrees 40 minutes 38 seconds West a distance of 110.17 feet; thence
North 89 degrees 19 minutes 22 seconds West a distance of 196.74 feet; thence North 0 degrees 40
minutes 38 seconds East a distance of 452.00 feet; thence South 89 degrees 19 minutes 22 seconds East a
distance of 318.00 feet to the actual point of beginning.
Parcel IL Lots 8, 9, 10, 11, and 12, Block 1, OSBORNE MANOR 2ND ADDITION, according to the map
or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County,
Minnesota; except that part thereof lying northerly of a line described as follows:
Beginning at a point on the west line of said Lot 8, distant 5.00 feet southerly of the northwest corner of
said Lot 8; thence easterly to a point on the east line of said Lot 12 distant 75.00 feet southerly of the
northeast corner of said Lot 12, and there terminating.
Together with that part of vacated 76th Avenue N.E. lying between the southerly extension of the west
line of said Lot 8 and the southerly extension of the east line of said Lot 12;
EXCEPT that part thereof included within the following described property, to -wit: That part of
OSBORNE ROAD 2ND ADDITION, of vacated 76th Avenue N.E. and of the Northeast Quarter of the
Northwest Quarter of Section 11, Township 30, Range 24, and in Anoka County, Minnesota, described as
follows:
Commencing at the northeast corner of Lot 12, Block 1, said OSBORNE MANOR 2ND ADDITION;
thence South 1 degree 7 minutes 22 seconds East, along the easterly line of said Lot 12 and the easterly
line of said Northeast Quarter of said Northwest Quarter, 135.59 feet to the actual point of beginning;
thence continuing South 1 degree 7 minutes 22 seconds East, along said easterly line of said Northeast
Quarter of said Northwest Quarter, 342 feet; thence North 89 degrees 19 minutes 22 seconds West a
distance of 132 feet; thence South 0 degrees 40 minutes 38 seconds West a distance of 110.17 feet; thence
Resolution No. 2009 -73 Exhibit B Page 4
North 89 degrees 19 minutes 22 seconds West a distance of 196.74 feet; thence North 0 degrees 40
minutes 38 seconds East a distance of 452.00 feet; thence South 89 degrees 19 minutes 22 seconds East a
distance of 318.000 feet to the actual point of beginning.
Parcel III (Torrens /Certificate No. 53929)
That part of OSBORNE MANOR 2ND ADDITION, of vacated 76th Avenue N.E. and of the Northeast
Quarter of the Northwest Quarter of Section 11, Township 30, Range 24, all in Anoka County,
Minnesota, described as follows:
Commencing at the northeast corner of Lot 12, Block 1, said OSBORNE MANOR 2ND ADDITION;
thence South 1 degree 7 minutes 22 seconds East, along the easterly line of said Lot 12 and the easterly
line of said Northeast Quarter of said Northwest Quarter, 135.59 feet to the actual point of beginning;
thence continuing South 1 degree 7 minutes 22 seconds East, along said easterly line of said Northeast
Quarter of said Northwest Quarter, 342 feet; thence North 89 degrees 19 minutes 22 seconds West a
distance of 132 feet; thence South 0 degrees 40 minutes 38 seconds West a distance of 110.17 feet; thence
North 89 degrees 19 minutes 22 seconds West a distance of 196.74 feet; thence North 0 degrees 40
minutes 38 seconds East a distance of 452.00 feet; thence South 89 degrees 19 minutes 22 seconds East a
distance of 318.00 feet to the actual point of beginning.
By Order Doc. No. 140156 Future Certificates of Title for this property shall have the following entered
into the body of the description.
"Together with an easement for parking lot purposes over part of Parcel 11 described in Certificate of Title
No. 43167 and easements for vehicular parking purposes and for drainage purposes over part of Parcel I
described in Certificate of Title No. 43167, as set forth in Easement Agreement dated January 12, 1977
and filed February 28, 1977 as Registrar of Titles Doc. No. 93348 and First Amendment to Easement
Agreement dated December 1, 1983 and filed March 6, 1984 as Registrar of Titles Doc. No. 13523. (See
Order Doc. 140156)
Subject to easement for vehicular parking purposes and for drainage purposes as set forth in Easement
Agreement dated January 12, 1977 and filed February 28, 1977 as Registrar of Titles Doc. No. 93349 and
First Amendment to Easement Agreement dated December 1, 1983 and filed March 6, 1884 as Registrar
of Titles Doc. No. 132524. (See Order Doc. No. 140156.)"
Legal Description Abstract
Parcel A
Lots 1, 2, 3, 4 and 5, Block 1, OSBORNE MANOR 2ND ADDITION, according to the plat thereof on file
and of record in the office of the County Recorder in and for Anoka County, Minnesota.
And
That part of Lots 8, 9, 10, 11, and 12, Block 1, OSBORNE MANOR 2ND ADDITION, according to the
map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County,
Minnesota, lying Northerly of a line described as follows: Beginning at a point on the West line of said
Lot 8, distant 5.00 feet Southerly of the Northwest corner of said Lot 8; thence Easterly to a point on the
East line of said Lot 12, distant 75.00 feet Southerly of the Northeast corner of said Lot 12, and there
terminating.
And
Resolution No. 2009 -73 Exhibit B Page 5
Parcel B
Lot 6, Block 1, OSBORNE MANOR 2ND ADDITION, according to the plat thereof on file and of record
in the office of the County Recorder in and for Anoka County, Minnesota.
And
Parcel C
Lot 7, Block 1, OSBORNE MANOR 2ND ADDITION, Anoka County, Minnesota; together with the
Northerly one -half of the portion of vacated 76th Avenue N.E. lying between the Southerly extensions of
the East and West lines of said Lot 7. (See Note 2 below)
Parcel D
Outlot 1, MELODY MANOR 2ND ADDITION, according to the plat thereof on file and of record in the
office of the County Recorder in and for Anoka County, Minnesota.
Parcel E
All that part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 30, Range 24,
described as beginning at the Northwest corner of said quarter quarter; thence on an assumed bearing of
South 1 degree 7 minutes 22 seconds East along the West line of said quarter quarter a distance of
1188.03 feet to the most Northerly corner of MELODY MANOR 2ND ADDITION; thence continuing
South on the last described bearing a distance of 54.88 feet to a corner of said Addition; thence North 46
degrees, 59 minutes, 44 seconds East a distance of 67.97 feet to another corner of said Addition; thence
Northeasterly along the Northwesterly line of Lyric Lane as shown on the plat of MELODY MANOR 4TH
ADDITION, on file and of record in the office of the Register of Deeds in and for Anoka County,
Minnesota, for a distance of 948.71 feet to the Southwest corner of Outlot 1, said plat of MELODY
MANOR 4TH ADDITION; thence North along the West line of said Outlot 1, to the North line of said
Section 11; thence West along the North line of said Section 11, to the point of beginning, all according to
the United States Government Survey thereof, and to the respective recorded plats thereof, Anoka
County, Minnesota.
Proposed Legal Description of vacated 76th Avenue N.E. to be reverted to Lot 7, Block 1:
That part of the south half of vacated 76th Avenue N.E. lying westerly of the southerly extension of the
east line of Lot 7, Block 1, OSBORNE MANOR 2ND ADDITION, according to the recorded plat thereof,
Anoka County, Minnesota.