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LU - 47223CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Comprehensive Plan Amendment PROPERTY INFORMATION:� (site plan requir�d for submittal, see attached) Address: �_ Property Identifica Legal Description: � 'on Number:' Lot Bfock Tract/Addition Current Zoning: Square footage/acreage: Current Land Use Designation: Requested Designation: Reason for Amendment: Have you operated a business in a city which required a business license? Yes No If Yes, which City? If Yes, what type of business?_ Was that license ever denied or revoked? Yes No _...._��....��.._�_��_��_��_��_�..��..__ FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: �" �� tJK�V� ADDRESS: 1 �l ��;�_ '7 � �-v�' N� " Fi�r` ��'I •-�`�SU � DAYTIME PHONE: SIGNA ��..��_�__��_��__��_��..�_��_��....��_��_,. PETITIONER INFORMATION NAME: C�'. �`..E,� �� `, ADDRESS: � " `" DAYTIME PHONE: SIGNATURE/DATE: ��_��_...._�_��_�....�_�_..��_��_��_��_��.._��__.._��..��__� FEES n /� Fee: $500.00 � �0 Application Number D 5- Receipt #: Received By: Scheduled Planning Commission Date: �', 3-05 Scheduled City Council Date: --�- -b 10 Day Application Complete Notification Date: - -�S 60 Day Date: �- l d-f�S ��1 City of Fridley ( PUBLIC HEARING � BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, August 3, 2005, at 7:30 p.m. for the purpose ot: Consideration M a Comprehensive Plan Amendment, CP #OS-02, by the City of _ ��a�,�s �cus Fridley, fa Timothy Van Auken, to make the Zoning and Comprehensive Plan designation tor 1475 and 7485 — 73rd Avenue consistent, legal description on file and available at Fridley Municipal Ce�ter. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be reterred to Stacy Stromberg, Planner at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons wifh disabilftias who ►equire auxiliary aids should contact Roberta Collins at 763-572- 3500 no later than Juty 27, 2005. The TDD number is 763-572-3534. p�so, there w111 be a Councii meeting date for this item and the proposed date will be on Monday, August 22. 'This date is subject to change depending on the out- come of the Planning Commission meet- ing. Piease conflrm Council date prior to attending Council meeting• DIANE SAVAGE, CHAIR PLANNING COMMISSION (July 21, 2005)f2lcp 05-02-van auken PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, August 3, 2005, at 7:30 p.m. for the purpose of: Consideration of a Comprehensive Plan Amendment, CP #05-02, by the City of Fridley, for Timothy Van Auken, to make the Zoning and Comprehensive Plan designation for 1475 and 1485 - 73ra Avenue consistent, legal description on file and available at Fridley Municipal Center. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than July 27, 2005. The TDD number is 763-572-3534. Also, there will be a Council meeting date for this item and the proposed date will be on Monday, August 22. *This date is subject to change depending on the outcome of the Planning Commission meeting. Please confirm Council date prior to attending Council meeting. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: July 21, 2005 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1475 and 1485 — 73�d Avenue. CASE NUMBER: Comprehensive Plan Amendment, CP #05-02 APPLICANT: Timothy Van Auken & City of Fridley Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To make the Zoning and Comprehensive Plan designation consistent. LOCATION OF 1475 and 1485 — 73r Avenue PROPERTY AND LEGAL Legal description is on file and available at Fridley Municipal DESCRIPTION: Center. DATEAND TIME OF Planning Commission Meeting: HEARING: Wednesday, August 3, 2005, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than July 27, 2005. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Julie Jones, Planning Coordinator, at 763-572-3599. * PROPOSED The proposed Council meeting Date for this Comprehensive COUNCIL MEETING Plan item will be Monday, August 22. *This date is DATE subject to change depending on the outcome of the Planning Commission meeting. Please confirm Council date prior to attending Council meetin . Publish Date in Paper: July 21, 2005 '��y`��^^^ �� Cit of Community Develoment Department :�� Y . � ` Fridley Public Hearing Notice °01 �Ilp i�'�ill ID� � 0� I I i � � ; � _ _ _ _ ___ _ _ __ � ID� '...�� €.' �... LEGEND COMPREHENSIVE PLAN AMENDMENT N sources: Fridley Engineering CP �{'�5—�2 Fridley GIS PETITIONER: EITY OF FRIDLEY b� Anoka county GIS iIMOTHY �AN AUREN 1475 � 1485 — 73RD AVEATUE Map Date: �-22-05 123024140067 123024140066 123024140071 ALPERT LAWRENCE I WICKMAN GERALD J& MARTHA J WAZWAZ AIDA 1500 ONONDAGA ST NE 1494 ONONDAGA ST NE 1533 73 1/2 AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 123024140072 SANFORD DAVID 1523 73 1/2 AVE NE FRIDLEY, MN 55432 123024130043 CURRENT RESIDENT 7371 HAYES ST NE FRIDLEY, MN 55304 123024130042 HINRICHS JAMES G& KARYL J 7355 HAYES ST NE FRIDLEY, MN 55432 123024140065 KRASKA DANIEL & LAUREEN M 1488 ONONDAGA ST NE FRIDLEY, MN 55432 123024130033 DUNHAM BRADLEY G& JULIE A 1427 N DANUBE FRIDLEY, MN 55432 123024140080 NORDIN REUBEN T& DONNA E 1540 73 1/2 AVE NE FRIDLEY, MN 55432 123024140077 HOESCHEN KENNETH R& K E 1510 73 1/2 AVE NE FRIDLEY, MN 55432 123024140081 HACHEY JOHN L& JUDY B 1545 73RD AVE NE FRIDLEY. MN 55432 123024130030 SEGER MARGARET A 1401 73RD AVE NE FRIDLEY. MN 55432 123024140073 LARSON LEROY A & MIEKO 1503 73 1/2 AVE NE FRIDLEY, MN 55432 123024140070 KOROSCHETZ KURT J& TRUDY C 7350 PINETREE LN NE FRIDLEY, MN 55432 123024130039 VANAUKEN TIMOTHY J 1485 73RD AVE NE FRIDLEY, MN 55432 123024130035 EQUITY REAL ESTATE SERVICES 4555 ERIN DR #250 EAGAN, MN 55122 123024130033 CURRENT RESIDENT 1441 73RD AVE NE FRIDLEY, MN 55304 123024140079 SHEREK GERALD J& SUSAN M 1530 73 1/2 AVE NE FRIDLEY, MN 55432 123024130027 GROSSMAN SHAWN 7343 HAYES ST NE FRIDLEY, MN 55432 123024140082 LUNDAHL KATHRYN K 1535 73RD AVE NE FRIDLEY. MN 55432 123024140084 FAGERWOLD DOUGLAS A 1505 73RD AVE NE FRIDLEY, MN 55432 �� 123024130043 SIMON JOHN E& PENNE L 801 TORCHWOOD DR NEW BRIGHTON, MN 55112 123024130088 JACKELS JON V& DEBRA J 1479 73 1/2 AVE NE FRIDLEY, MN 55432 123024130037 VAN AUKEN TIMOTHY J 1475 73RD AVE NE FRIDLEY, MN 55432 123024130035 CURRENT RESIDENT 1461 73RD AVE NE FRIDLEY. MN 55304 123024130028 MORANO JOSEPH M SR 7345 HAYES ST NE FRIDLEY, MN 55432 123024140078 PACKEY JOSEPH A& JILL A O 1520 73 1/2 AVE NE FRIDLEY, MN 55432 123024130090 YOUNG DAVID A 1482 ONONDAGA ST NE FRIDLEY, MN 55432 123024140083 KEPULIS ROBERT & EVA 1525 73RD AVE NE FRIDLEY, MN 55432 123024410003 ONAN CORP 1400 73RD AVE NE MPLS, MN 55432 123024130090 123024130036 123024130034 CURRENT RESIDENT HANSON GEORGE A& MARIJANE SABA STEVE R 1482 ONONDAGA PL NE 1476 ONONDAGA ST NE 1470 ONONDAGA ST NE FRIDLEY, MN 55304 FRIDLEY, MN 55432 FRIDLEY, MN 55432 123024130031 KALLROOS THOMAS L & SANDRA 1466 ONONDAGA ST NE FRIDLEY, MN 55432 123024130032 HJORT HARRIET W 1434 ONONDAGA ST NE FRIDLEY, MN 55432 31 123024140069 NALEPKA STEVEN MICHAEL 7360 PINETREE LN NE FRIDLEY, MN 55432 123024140068 123024140067 123024140069 KLICK JOYCE ADELE ALPERT AWRENCE I NALEPKA TEVEN MICHAEL 1506 ONONDAGA ST NE 1500 Of�ONDAGA ST NE 7360 PI TREE LN NE FRIDLEY. MN 55432 FRIDLEY, MN 55432 FRIDL Y, MN 55432 123024140071 WAZW AIDA 1533 7 1/2 AVE NE FRIDL Y, MN 55432 123024140070 KOROS HETZ KURT J& TRUDY C 7350 PI ETREE LN NE FRIDLE , MN 55432 1230�0037 VAN KEN TIMOTHY J 1475 D AVE NE FRIDLEY, MN 55432 123024 40066 WICKM GERALD J& MARTHA J 1494 ON DAGA ST NE FRIDLEY, 55432 123024140028 EWER CHESTER W JR & ARLENE 1565 73RD AVE NE FRIDLEY, MN 55432 123024140078 PACK Y JOSEPH A& JILL A O 1520 7�/2 AVE NE FRIDLEYy MN 55432 123024140082 LUNDA KATHRYN K 1535 73 D AVE NE FRIDLEY, MN 55432 123024140084 FAGEI� OLD DOUGLAS A 1505 73�AVE NE FRIDLEY. N 55432 123024130090 CURREf�RESIDENT 1482 ON�,pAGA P� NE FRIDLEY. MN 55304 123024140072 SANF�RD DAVID 1523 3 1/2 AVE NE FRID EY, MN 55432 123024130088 JACKEL$' JON V& DEBRA J 1479 7�1/2 AVE NE FRIDLEY, MN 55432 123024130035 EQUITY REAL ESTATE SERVICES 4555 ERlp�l DR #250 EAGAN,�v1N 55122 123024130033 DUNHAM BRADLEY G& JULIE A 1427 N�ANUBE FRIDL , MN 55432 123024140080 NORDI REUBEN T& DONNA E 1540 73. /2 AVE NE FRIDLE , MN 55432 123024140077 HOESCHEN KENNETH R& K E 1510 73 1/2 AVE NE FRIC�EY, MN 55432 123024140083 KEPUU S ROBERT & EVA 1525 7 D AVE NE FRIDLEY, MN 55432 123024410003 ONAN�Q RP 1400 73fYD AVE NE MPLS, MN 55432 123024130036 HANSO GEORGE A & MARIJANE 1476 ON NDAGA ST NE FRIDLEY, MN 55432 32 123024140073 LARSON ROY A & MIEKO 1503 73 2 AVE NE FRIDLE . MN 55432 123024130039 VANA KEN TIMOTHY J 1485�3RD AVE NE FRIDr�EY, MN 55432 123024130035 CURRENT RESIDENT 1461 RD AVE NE FRI Y, MN 55304 123024130033 CURRE T RESIDENT 1441 7 RD AVE NE FRI EY, MN 55304 123024140079 SHER GERALD J& SUSAN M 1530�1/2 AVE NE FRIDI�EY, MN 55432 123024140081 HA� EY JOHN L& JUDY B 1545i73RD AVE NE FRID�Ii.EY, MN 55432 123024140065 KRASK� DANIEL & LAUREEN M 1488 �IONDAGA ST NE FRIDLEY, MN 55432 123024130090 YOl1�1G DAVID A 1482'QNONDAGA ST NE FRIDLC�Y, MN 55432 \ 12�024130034 SABA STEVE R 1470 62NONDAGA ST NE FRIDL�Y� MN 55432 emoran um Planning Division DATE: July 27, 2005 TO: Planning Commission FROM: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner SUBJECT: CP #OS-02, Van Auken Plat Minor Comprehensive Plan Amendment Background Recently, the City Council approved a preliminary plat to create 6 residential lots out of two lots zoned R-3, multi unit residential. During the platting process, staff noted that the property was zoned R-3, making the proposed use for new twin homes compatible to the zoning, However, the Comprehensive Plan guided future use as R-1, one family residential. The property was likely guided as R-1 because a single family home existed on each of the lots, which were actually zoned R-3. Staff pointed out to the Commission at the time that a Comprehensive Plan amendment would need to be considered if the plat was approved. The City Council approved the preliminary plat for this property located at 1475 and 1485 73rd Avenue on June 27, 2005. Analysis The redevelopment of the Van Auken property is consistent with the zoning of this property. However, 1475 and 1485 73Td Avenue are two of those properties in the community where the use does not match the zoning. The City Council decided at the time of the last Comprehensive Plan update to address these discrepancies on a case-by-case basis. Some of the neighbors voiced concern at the public meetings regarding the preliminary plat that the R-3 zoning was not compatible with the neighborhood. However, the five properties to the west of these two lots (now six lots after plat is complete) are also zoned R-3. In fact, the property adjacent to the west is a 21-unit apariment building. There are also several properties (eight parcels) further down the block to the east which are zoned R-3. Maintaining the R-3 zoning for 1475 and 1485 73rd Avenue is not spot zoning as some opponents have debated. Recommendation Staff recommends that the Planning Commission recommend to the City Council that a minor Comprehensive Plan Amendment be processed to reflect the current zoning designation for the properties located at 1475 and 1485 73`d Avenue at R-3, multi unit residential, in the future land use guide for the City. City of Fridley Land Use Application PS-05-03 May 26, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Timothy Van Auken 1475 73rd Ave NE Fridley, MN 55432 Requested Action: Replat of two multiple unit residential lots to accommodate two twin homes. Existing Zoning: R-3 Multi-Family Residential Location: 1475 73rd Ave NE and 1485 73rd Ave NE Size: 20,821 square feet .50 acres Existing Land Use: 1475 73`d Ave NE -- Single Family 1485 73`d Ave NE — Single Family Surrounding Land Use & Zoning: N: R-1 Single Family E: R-1 Single Family S: 73`d Ave NE and Heavy Industrial W: R-3 Multiple Unit Residential Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments, are a permitted use in R-3 zoning districts. Zoning History for 1475 73`d Ave NE: • 1951 - 1475 73rd Ave NE is platted. 1951 — Building permit issued for home. • 1955 —Building permit issued for garage, but garage was not built. • 1971 —Building permit for garage. Zoning History for 1485 73rd Ave NE: • 1951 - 1485 73rd Ave NE is platted. • 1951 —Building permit issued for home. • 1955 —Building permit issued for garage/vestibule Legal Description of Property: Lot 27/29, Aud. Sub. #129 Public Utilities: Located near property. Sanitary sewer extension is necessary. Transportation: Twin homes will be accessed bv 73 '/2 Ave. Physical Characteristics: Relatively flat, grass covered lot with mature trees and some shrubs. SUMMARY OF REQUEST Timothy Van Auken, petitioner, seeks to replat and subdivide the properties located at 1475 73rd Ave NE and 1485 73Td Ave NE for the purpose of building two (21 twin homes. SUMMARY OF ANALYSIS City Staff recommends approval of this plat request, with stipulations: 1. Petitioner shall obtain all necessary permits prior to 2 3 r! G� : 9. 10. construction. Any remaining debris from demolition of existing home and any brush piles on site shall be removed prior to granting of final plat. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. During construction, silt fencing shall be used where applicable. Petitioner to pay required park fees of $3, 000 ($750 x 4) prior to issuance of building permits. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. Twin-homes shall meet all parking requirements. Add appropriate address and marking requirements per Fire Code 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. Staff Report Prepared by: Rachel Harris PS #05-03 Proiect Summarv Timothy Van Auken, petitioner, seeks to replat and subdivide the properties located at 1475 73Ta Ave NE and 1485 73rd Ave NE. to allow the creation of two new multi-unit lots. Petitioner plans to build two new twin homes on each of the newly created parcels. The property as existing contains a residential single family home on the southern end of each lot with the northern ends undeveloped. Mr. Van Auken proposes to building the new homes on the northern portion of the lots at 1475 and 1485 73rd Avenue. The current zoning is R-3. The petitioner proposes no changes to the current zoning. �, � �� . ��; �� . _. _� �.. .�. � . � - � �� . s: '� ... �. _ 4Pi�td4�fii`�. ST _.,,,,_.. Q�''s � � , ;= a � i _.. _, < "� ` � ��% �� °` , ��. � .... . '.� ., r ; �.. - < - � � � -: ,�' ..... �'I - - . , . .. . 3, �: , � , ,; ,. ..,, :�.; .I .... _. � . . � �. _ ��. � R � � ... . . ..,. .. .... .... ^7 �," :, ..,: ��,. �' ......... ' _. b^ ,.�., ,.,.��, .._... ...... w.�,.. �m.,,,,..�....,,,,. >�......,.��.. _...�„�.,.. �' ��. �,,�y h �."�'�`;" /,�','k '� �� r�. ��', i� ?,.;� �:t�2. � �� ti'�� .: . ,. . , .>,.�,�. , . �... ��:.��. . . '�o,�-., .. Zoning map of area surrounding proposed plat Analvsis Per zoning code Section 205.09.3.B(3) for R-3: •"Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations and one-family dwellings shall be subject to the R-1 District regulations." Fridley requires that lots in the R-2 district be a minimum of 75' in width with a minimum total lot area of 10,000 square feet. • The proposed Lots #1 & 2 will be 82.5' in width and 10,461 square feet in size after the replat. • The proposed Lots #3 & 4 will be 82.5' in width and 10,360 square feet in size after the replat. The minimum lot area requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. Ariel map of the area surrounding the proposed plat The newly created home sites would obtain access off of 73 %z Avenue. A minimum of 25' in street frontage is provided for access. The petitioner has obtained written agreement (enclosed) from the property owner at 1476 Onondaga Street to provide an easement to the City for roadway access across her property. This will allow access to both the proposed lots and will allow access to 1476 Onondaga, if the owner chooses to subdivide her property in the future. The proposed new twin homes meet all of the necessary setback requirements. The amount of lot coverage for the building footprint shown is 25%. Up to 30% would be permitted. All necessary utility and drainage easements are also provided for on the plat. As subdivided in the proposal only a twin home would be permitted on each of the four lots, since the lot is too small to stand independently for other R-3 uses. Staff Recommendation City Staff recommends approval of this plat request, with stipulations. • Does provide additional homeownership opportunities for Fridley residents. Stipulations City Staff recommend that the following stipulations be placed upon approval of this request: 1. PetitioneY shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing home and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3, 000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. I1. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. CP #05-02 1475 & 1485 73rd Avenue Petitioner: City of Fridley Site Description • Timothy Van Auken owns two lots zoned R-3 that currently contain a single family house on each • Plan for plat is to subdivide the two lots into six, creating 4 new lots for 2 new twin homes • New houses would take access off of 73 '/2 Avenue. Request • Petitioner: City of Fridley • Owner: Timothy Van Auken • City needs to amend the Comprehensive Plan to correctly guide the future zoning designation of the property • Need prompted by Council approval of a preliminary plan on June 27, 2005 ,� �; � � �»,�� _ _ �. , � ' k � w £� 1 Why Amendment is Needed? • The City cannot a�/approve a}p at for a property that is inconsistent with the City's Comprehensive Plan • The City found that the property owner met the zoning requirements for an R-3 deve►opment, with the exception of a rear yard setback, as the property is currently zoned Staff Recommendation Staff recommends approval — Proposed minor amendment provides consistency with present zoning in the area — Proposed minor amendment will not have an impact on Metropolitan systems Comp Plan Analysis 1. Impact on Metropolitan Systems? No 2. Change to Urban Service Boundary? No 3. Changes to Timing and Staging of Urban Service Area? N/A 4. Wastewater Treatment? No notable impact 5. Discharge to More than One Metropolitan Interceptor? No �� - �1 �f.�k r.�� UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 2. Consideration of a Minor Comprehensive Plan Amendment, CP #05-02, by the City of Fridley for Timothy VanAuken, to make the Zoning and Comprehensive Plan designation for 1475 and 1485 — 73`d Avenue consistent. MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING OPENED AT 7:46 P.M. Ms. Jones explained this is being initiated by the City as Mr. VanAuken has not requested a rezoning related to this matter. There is a discrepancy in the Comprehensive Plan that must be addressed to guide the future zoning designation of this property. On June 27, 2005, the City Council approved a preliminary plat for this property presented by the owner, Timothy VanAuken. Mr. VanAuken owns both lots which are zoned R3, Multi-Family, but each contains a single family home. The plan for this site is to subdivide the two lots into six lots creating four new lots that will contain two new twin homes. The twin homes will take access off the back of the property onto 73 %z Avenue. The Comprehensive Plan reflects these properties as R1, Single Family. The City cannot approve the final plat on this property unless the zoning is consistent. In the platting process, staff found that the plat meets all the zoning requirements of R2, because the proposed construction is two-family, staff used the R2 zoning guidelines. One exception was the rear yard setback and that was approved as a part of the plat. Ms. Jones stated when staff reviews a Minor Comprehensive Plan amendment, there are five questions that need to be answered: 1) Are there any impacts to Metropolitan systems? Staff found that the proposed twin homes will not create a major impact on the systems. 2) Is there going to be any change to the urban service boundaries? The entire City is wifhin the urban service boundary, so there is no impact. 3) Will there be any changes to the timing of urban services? That is not applicable in this case because all of the Cityis within the urban service area. 4) Are there any considerations for wastewater treatment? Staff feels that the proposed iwin homes will result in no notable impact. 5) Will there be discharge to more than one metropolitan interceptor? The answer to this question is no. Ms. Jones stated staff recommends approval of this Minor Comprehensive Plan amendment as it provides consistency with the present zoning in the area and it will not have any impact on metropolitan systems. Commissioner Saba stated when the replat was approved, there were several residents concerned about the change in the characteristics of their neighborhood. If the Comprehensive Plan is amended, he questioned what will stop future Planning Commissions from changing the zoning �ack. He was concemed if a precedent is being set. Ms. Jones explained that when the Comprehensive Plan was approved the Council knew there were a lot of properties where the zoning was inconsistent with the use, this property being one of them. The Council decided to deal with those inconsistencies on a case by case basis as they came up for redevelopment or some land use change. The petitioner triggered this action when he requested the replatting on his property. Commissioner Saba stated he is not opposed to this project but is concerned about even minor amendments to the Comprehensive Plan and the appearance that the City is making such changes for the petitioner. Mr. Knaak commented that ultimately the Comprehensive Plan has to be consistent with the zoning code. Since this is ordinarily done in the broad scheme of things and the plan for the entire City is passed, what happens is the zoning code, to the extent it is inconsistent, is modified to conform to that overall plan. It has been expressly upheld that if a specific proposal comes up and the City acts on it and modifies their Comprehensive Plan with a minor change, this has been expressly allowed by the courts in Minnesota and is a fairly common practice. The procedure being followed here is very common, legally allowed and does not require this be done in the future. Commissioner Kondrick asked if Mr. VanAuken understands and agrees with the stipulations recommended by staff. Mr. VanAuken responded affirmatively. John Jackels, 1479 73'/2 Av. NE, stated the neighborhood still has some concerns. He does not agree with some aspects of the preliminary plat and has communicated with Council regarding these issues. The Comprehensive Plan was developed by the residents of Fridley, City Council and staff through a hearing process. The current Comprehensive Plan reflects the vision of the community. He believes that not following the Comprehensive Plan divides the community. He referred to the Minnesota Statute which states "If the Comprehensive Municipal Plan is in conflict with the zoning, the zoning ordinance should be brought into conformance with the plan." The Fridley City Code states "The zoning regulations are intended to achieve the goals and objectives and guide and direct the community development based on the Comprehensive Plan." The Court of Appeals of Minnesota has found that the City Council can't enforce the plan if someone is in conflict with it and wants to develop the land. It was his opinion that the way this was done on this property has tied the hands of the Council and the Planning Commission to change the Comp Plan to the zoning that's there. The neighbors feel this denies the ability to implement the Plan that was the desire of the City of Fridley. They believe all the inconsistencies in the Comp Plan should be corrected. They understood that the property would be developed as reflected in the Comprehensive Plan. They may have made different decisions regarding their own home had they known this kind of change was possible. The Comprehensive Plan should control the zoning, not the zoning control the Plan. Chairperson Savage asked the City Attomey to comment on Mr. Jackel's remarks. Mr. Knaak stated as a general rule, when a Comprehensive Plan is created, it is contemplated on a city-wide review. Over time, the City seeks to conform the ordinances to the general plan. But in a situation like this, where in all likelihood, what the Council is considering a minor amendment, it is allowed to do the opposite. There is a Supreme Court case in Minnesota that speaks to the issue and found that Cities can do a minor zoning code change and then anticipate there would be a conforming amendment. It is clearly not the way the City would want to do general comprehensive pfanning or review an entire City. However, in a case like this where a proposal comes up and the City is dealing with the specifics of a proposal this is a procedure which the City is allowed to follow. MOTION by Commissioner Kuechle, seconded by Commissioner Kondrick, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING CLOSED AT 8:08 P.M. Commissioner Saba stated the neighborhood had some good comments and expressed them very well in terms of this project. But he has some concerns because what is allowed isn't always what is right and he has a problem making minor comprehensive plan amendments after a project has already been presented without the input of the neighborhood, so he cannot support this change. Commissioner Kondrick stated he doesn't think that four additional units are going to be that much of a change for the neighborhood. The plans Mr. VanAuken has for the twin homes are "sharp looking." Traffic won't be that much of an issue even if as many as eight cars are added. Also there is other multi-family housing in the area. He stated this is an odd situation but doesn't believe it will be that much of a change to the neighborhood. Chairperson Savage agreed stating that right next to Mr. VanAuken's property there is a fairly large apartment complex. There will always be some opposition to such projects and the Commission has to listen, be concerned with the neighbors' views but also with what the law allows. In this case she agrees that this proposal is not going to have a large impact on the neighborhood. Commissioner Oquist stated the rezoning issue has been discussed and approved. The matter before the Commission now is changing the Comprehensive Plan for just this area. The property is already zoned R3 and should the petitioner choose to, he could build an apartment building on this site. Commissioner Saba believed that the Comprehensive Plan drives the Commission to direct their zoning changes toward single family residential. He was also concerned about the issues raised by the neighbors at the public hearing. MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to recommend approval of CP #05-02 to change the Comprehensive Plan designation for 1475 and 1485 73`d Avenue to R3. UPON A FIVE TO ONE VOICE VOTE, WITH COMMISSIONER SABA VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. OTHER BUSINESS: 1 � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 Date: October 19, 2005 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: CP #OS-02, Van Auken Plat Minor Comprehensive Plan Amendment Background On June 27, 2005, the City Council approved a preliminary plat to create 6 residential lots out of two lots zoned R-3, multi unit residential. During the platting process, staff noted that the property was zoned R-3, making the proposed use for new twin homes compatible to the zoning. The Comprehensive Plan; however, guided future use of these two lots as R-1, one family residential. The properties were likely guided as R-1 because a single family home exists on each of the lots, which were actually zoned R-3. Staff pointed out to the Council at the time that a Comprehensive Plan amendment would need to be considered if the plat was approved. Analysis The redevelopment of the Van Auken property is consistent with the zoning of this property. However, 1475 and 1485 73Td Avenue are two of those properties in the community where the use does not match the zoning. The City Council decided at the time of the last Comprehensive Plan update to address these discrepancies on a case-by-case basis. While some of the neighbors voiced concern at the public meetings regarding the preliminary plat that the R-3 zoning was not compatible with the neighborhood, the five properties to the west of these two lots (now six lots after plat is complete) are also zoned R-3. In fact, the property adjacent to the west is a 21-unit apartment building. There are also several properties (eight parcels) further down the block to the east which are zoned R-3. Thus, from staff's perspective, the maintenance of the R-3 zoning for 1475 and 1485 73rd Avenue is not spot zoning as some opponents have debated. Staff analyzed potential impact of this amendment to the metropolitan systems, as required by the Metropolitan Council, and finds no notable impact that the Metropolitan Council will find objectionable. Commission Action The Planning Commission held a public hearing regarding this minor Comprehensive Plan amendment for 1475 and 1485 73`a Avenue on August 3, 2005. After discussion and comments from the public, the Commission recommended approval of the amendment on a five to one vote. Recommendation Staff recommends City Council approval of the attached resolution authorizing a minar Comprehensive Plan Amendment request to maintain the R-3, multi unit residential, zoning designation for the properties located at 1475 and 1485 73�d Avenue to the Metropolitan Council. M-OS-115 45 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 4 Dr. Burns, City Manager, ated Council approved the preliminary plat on June 27, 2005. Staff recommends Council's ap roval. ADOPTED RESOLiJ'TIOPt1 NO. 2005-58. 6. Approve ajDevelopment Agreement between the City of Fridley and Timothy Van Auken (�ard 2). Dr. Burns, '�ty Manager, stated the development agreement designates improvements to be installed at e developer's expense and provides for the control of soil erosion and contains specificati ns for the construction of site improvements. It also contains escrow requirements, provides or special assessments for public improvements, and incorporates all plat stipulations. , Staff re ommends Council's approval. APPbtOVED. 7. Resolution Approving a Minor Comprehensive Plan Amendment, CP #OS-02, by Timothy Van Auken for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 1475 and 1485 73rd Avenue N.E. (Ward 2). Dr. Burns, City Manager, stated although the Van Auken plat is compatible for the R-3 zoning of the two parcels, it is not consistent with the R-1 Future Use Designation in the Comprehensive Plan. City staff has noted the presence of other R-3 structures in the immediate vicinity of the Van Auken paxcels, and has determined that a minor amendment to the Comprehensive Plan is justified. The amendment was approved by the Planning Commission at its August 3, 2005, meeting on a 5-1 vote. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Receive Bids�nd Award Contract for 73 '/� Avenue Street Improvement Project No. ST. 2005 — 3 3 1/2 Avenue Cul-de-Sac Extension) (Ward 2). Dr. Burns, City Mana r, stated the City opened bids on September 21, 2005, and found Dave Perkins Contracting, Inc. to be the low bidder at $93,186.00. Of this amount, Mr. Van Auken will be responsible for $6 723.50; the City of Fridley water funds will bear $12,500.00 for plant water line looping; and the treet construction budget will bear $19,962.50 for the portion of the project to the east of Van A ken's cul de sac. Adjacent pr�perty use will be assessed for the replacement of bituminous c bing with concrete curbing. Dave Perkins has assured the City that the base course in concrete curbing can be completed yet this year. The completion date of November 15, 2005, contained �n the bid specifications, has been extended to June 1, 2005. Staff recommends Council's appr val. RECENED BIDS AND AWA ED CONTRACT F(�R THE 73 '/Z AVENUE STREET IMPROVEMENT PROJECT N. ST. 2005-3 TO DAVE PERKINS CON'TRACTING, INC. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 _ PAGE 23 Mr. Haukaas stated they would, if necessary. e said some of the driveways were just done today and final restoration and exact measure ents were not known before this meeting. MOTION by Councilmember Bolkcom o adopt Resolution No. 2005-65 amending the amount for 180 Talmadge Way to $1,252.26 ith total assessments being $823,086.24. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, A� VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANI , OUSLY. 7. Resolution Approving a Minor Comprehensive Plan Amendment, CP #OS-02, by Timothy Van Auken, for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 1475 and 1485 73rd Avenue (Ward 2). Pam Reynolds, 1241 Norton, asked if they remember that part of the issue was introducing R-3 building into an R-1 neighborhood. Her biggest question is, in the resolution it says "Whereas, the City has determined this Comprehensive Plan change and associated rezoning of the one- family residential property to R-3, multi-unit residential, to be a minor amendment." She did not understand why it talks about rezoning it when it is already zoned R-3. Dr. Burns, City Manager, said it should be changed to read, "Whereas, the City has determined this Comprehensive Plan change to be a minor amendment." MOTION by Councilmember Wolfe to amend paragraph 5 to read, "Whereas the City has determined this Comprehensive Plan change to be a minor amendment." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to adopt Resolution No.2005-59. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Certi ing Certain Delinquent Utility Services to the County for Collection with the 006 Property Taxes. Ms. Reynolds, 1241 Norton, a ed why if you have a business the water is not shut off when it gets to be $2,014.41. She asked h w long a period of time they had. Mayor Lund stated by certifying taxes, it is going to be tax forfeited if they do not pay it. Mr. Pribyl stated by ordinance it assesses�a 10 percent penalty. � CIIYOF FR[DLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534 CITY COUNCIL ACTION TAKEN NOTICE October 27, 2005 Timothy Van Auken 1475 - 73�d Avenue NE . Fridiey MN 55432 Dear Mr. Van Auken: On Monday, October 24, 2005, the Fridley City Council officially approved your request for a Final Plat, PS #05-03, Resolution #2005-58, to replat two multiple unit residential lots to accommodate two twin homes, legally described as Lots 1-6, Van Auken Addition, Anoka County, Minnesota, generally located at 1475 and 1485 - 73�d Avenue NE. Approval of this Final Plat is contingent upon the following stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush pifes on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. Action Taken Letter-PS #05-03-Van Auken Page 2 October 27. 2005- Also, on October 24, 2005, the Fridley City Council officially approved your request for a Comprehensive Plan Amendment, CP #05-02, Resolution #2005-59, to maintain the R-3, multi- unit residential, zoning designation for the properties located at 147� and 1485 73�d Avenue. If you have any questions regarding the above action, please call me at 763-572-3590. Sin rely, � � S tt Hickok ommunity Development Director SH/jb cc: Plat File Address File Assessing Dept. GIS Dept. Special Assessing-Greg Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Ptanning Department by November 10, 2005. � o �, �� oncur with ction taken. /v- 3! - o,�- C-05-72 RESOLUTION NO. 2005 - 59 RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT, CP #OS-02, BY TIMOTHY VAN AUKEN, FOR PROPERTY LOCATED ON LOTS 1-6 VAN AUKEN ADDITION, GENERALLY LOCATED AT 1475 AND 1485 — 73rd AVENUE NE, FRIDLEY WHEREAS, the Planning Commission held a public hearing on the minor Comprehensive Plan Amendment , CP #OS-02, on August 3, 2005 and recommended approval; and WHEREAS, the City Council also conducted a public review of the Comprehensive Plan Amendment and approved the t3mendment at their October 24, 2005 City Council meeting; and WHEREAS, the Metropolitan Land Planning Act (MN Statutes 473.851 — 473.872) requires that local government units prepare and submit minor amendments to the land use plans to the Metropolitan Council; and WHEREAS, a minor amendment is defined as changes to the future land use plan where the affected area is small or where the proposed future land use will result in minor changes in metropolitan service demand; changes in the urban service area involving less than 40 acres; change to plan goals and policies that do not change the overall thrust of the Comprehensive Plan; and WHEREAS, the City has determined this Comprehensive Plan change to be a minor amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Comprehensive Plan Amendment, CP #OS-02. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24�" DAY OF OCTOBER, 2005. �'�� SCOTT J�LVND — iv1AYUlt ATTEST: �� DEBRA SKOGEN — TY CLERK STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY ) ) ) In the Matter of: A Minor Comprehensive Plan Amendment Owner: Timothy J. Van Auken i iiiiii iiiii iiiii iiiii iiiii iiiii iiiii iiii iii� Record ID 1636210 198a361. 013 CITY COUNCIL PROCEEDINGS COMPREHENSIVE PLAN AMENDMENT The above entitled matter came before the City Council of the City of Fridley and was heard on the 24th day of October, 2005, on a petition for a comprehensive plan amendment pursuant to Minnesota State Statute and the City of Fridley's Comprehensive Plan, for the following described property: For a Minor Comprehensive Plan Amendment, CP #05-02, legally described as Lots 1-6, Van Auken Addition, generally located at 1485 — 73�d Avenue NE. IT IS ORDERED that a minor comprehensive plan amendment be granted as upon the following conditions or reasons: See City Council Minutes of October 24, 2005, and the attached documents. STATE OF MINNESOTA COUNTY OF ANOKA ) ) CITY OF FRIDLEY ) OFFICE OF THE CITY CLERK I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a minor comprehensive plan amendment with the originai record thereof preserved in my office, and have found the same to be a correct and true transcript of. the whole thereof. IN TESTIMONY WHEREOF, I have hereunto s scribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the � day of �.� , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 �? Debra A. Skogen, City CI rk (S�AL) , � r. � � ' _ �'.i i . , �N " '�'RIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 4 Dr. Burns, City Manager, ated Council approved the preliminary plat on June 27, 2005. Staff recommends Council's ap roval. ADOPTED RESOLiYTIOP�1 NO. 2005-58. 6. Approve a evelopment Agreement between the City of Fridley and Timothy Van Auken ( ard 2). Dr. Burns, ty Manager, stated the development agreement designates improvements to be installed at e developer's expense and provides for the control of soil erosion and contains specificati ns for the construction of site improvements. It also contains escrow requirements, provides or special assessments for public improvements, and incorporates all plat stipulations. Staff re ommends Council's approval. � APPbtOVED. 7. Resolution Approving a Minor Comprehensive Plan Amendment, CP #OS-02, by Timothy Van Auken for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 1475 and 1485 73�d Avenue N.E. (Ward 2). Dr. Burns, City Manager, stated although the Van Auken plat is compatible for the R-3 zoning of the two parcels, it is not consistent with the R-1 Future Use Designation in the Comprehensive Plan. City staff has noted the presence of other R-3 structures in the immediate vicinity of the Van Auken parcels, and has determined that a minor amendment to the Comprehensive Plan is justified_ The amendment was approved by the Planning Commission at its August 3, 2005, meeting on a 5-1 vote. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Receive Bids�and Award Contract for 73 1/Z Avenue Street Improvement Project No. ST. 2005 — 3(�(13'/Z Avenue Cul-de-Sac Extension) (Ward 2). Dr. Burns, City Mana r, stated the City opened bids on September 21, 2005, and found Dave Perkins Contracting, Inc. to be the low bidder at $93,186.00. Of this amount, Mr. Van Auken will be responsible for $6 723.50; the City of Fridley water funds will bear $12,500.00 for plant water line looping; and the treet construction budget will bear $19,962.50 for the portion of the project to the east of Van A en's cul de sac. Adjacent pr�perty use will be assessed for the replacement of bituminous c bing with concrete curbing. Dave Perkins has assured the City that the base course in concrete curbing can be completed yet this year. The completion date of November 15, 2005, contained 'n the bid specifications, has been extended to June 1, 2005. Staff recommends Council's appr val. RECEIVED BIDS AND AWA ED CONTRACT FOR THE 73 '/Z AVENUE STREET IMPROVEMENT PROJECT N. ST. 2005-3 TO DAVE PERKINS CONTR.ACTING, INC. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2005 PAGE 23 Mr. Haukaas stated they would, if necessary. e said some of the driveways were just done today and final restoration and exact measure ents were not known before this meeting. MOTION by Councilmember Bolkcom o adopt Resolution No. 2005-65 amending the amount for 180 Talmadge Way to $1,252.26 ith total assessments being $823,086.24. Secoilded by Councilmember Wolfe. UPON A VOICE VOTE, � VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANI , OUSLY. 7. Resolution Approving a Minor Comprehensive Plan Amendment, CP #0�-02, by Timothy Van Auken, for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 1475 and 1485 73�d Avenue (Ward 2). Pam Reynolds, 1241 Norton, asked if they remember that part of the issue was introduciilg R-3 building into an R-1 neighborhood. Her biggest question is, in the resolution it says "Whereas, the City has determined this Comprehensive Plan change and associated rezoning of the one- family residential property to R-3, multi-unit residential, to be a minor amendment." She did not understand why it talks about rezoning it when it is already zoned R-3. Dr. Burns, City Manager, said it should be changed to read, "Whereas, the City has determined this Comprehensive Plan change to be a minor amendment." MOTION by Councilmember Wolfe to amend paxagraph 5 to read, "Whereas the City has determined this Comprehensive Plan change to be a minor amendment." Seconded by Councilmember Bolkcom. UPON A VOICE VO`TE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to adopt Resolution No.2005-59. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Certi ing Certain Delinquent Utility Services to the County for Collection with the 006 Property Taxes. Ms. Reynolds, 1241 Norton, a ed why if you have a business the water is not shut off when it gets to be $2,014.41. She asked h w long a period of time they had. Mayor Lund stated by certifying Mr. Pribyl stated by ordinance it taxes, it is going to be tax forfeited if they do not pay it. 10 percent penalty. RESOLUTION NO. 2005 - 59 RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT, CP #05-02, BY TIMOTHY VAN AUKEN, FOR PROPERTY LOCATED ON LOTS 1-6 VAN AUKEN ADDITION, GENERALLY LOCATED AT 1475 AND 1485 — 73r`i AVENUE NE, FRIDLEY WHEREAS, the Planning Commission held a public hearing on the minor Comprehensive Plan Amendment , CP #OS-02, on August 3, 2005 and recommended approval; and WHEREAS, the City Council also conducted a public review of the Comprehensive Plan Amendment and approved the Amendment at their October 24, 2005 City Council meeting; and WHEREAS, the Metropolitan Land Planning that local government units prepare and submit Metropolitan Council; and �ct (MN Statutes 473.851 — 473.872) requires minor amendments to the land use plans to the WHEREAS, a minor amendment is defined as changes to the future land use plan where the affected area is small or where the proposed future land use will result in minor changes in metropolitan service demand; changes in the urban service area involving less than 40 acres; change to plan goals and policies that do not change the overall thrust of the Comprehensive Plan; and WHEREAS, the City has determined this Comprehensive Plan change to be a minor amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Comprehensive Plan Amendment, CP #OS-02. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24t�' DAY OF OCTOBER, 2005. ��'�� !� SCOTT J"LLTND — N1AYUlt ATTEST: �� DEBRA SKOGEN — TY CLERK _��tiO1i.�1 C'Ol "?�'"I'1' ��11'��:til-,SO'1�.� Doruiva�it ?��.: 19RO361.(113 :-lF3S"fk:�C'l I h�r�hy cer-ti1�� that the �+�ithin in�truin��t ��a� lil�•�i in Ilu� utl�ice� for racurd oti: 12;�O8��2QQ5 �}:1 �:UO Nl�[ F�es�Ta�es In the _=�tnounl ut': �46.O0 �:ti1:�liREEN J. DE\�'INF, .�ioka Countti� Propzrt�� Ta� .�dministratoT- Rzcurd�rRzgistt•<ir c�l`"1'itl�, S I ,1, Deput� Re�ord ID: 1 G36210