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LU - 47180a STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY ) ) ) In the Matter of: A Rezoning, ZOA #05-04 Owner: Keith L: Olson and Barbara Ann Olson iiiii i�iii iii�i iiiii iiiii iiiii iiiii iiii i�ii Record ID 1648189 1981263.�17 CITY COUNCIL PROCEEDINGS REZONING The above entitled matter came before the City Council of the City of Fridley and was heard on the 12th day of December, 2005, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To rezone property from R-3, Multi-Family, to R-1, Single Family, legally described as Lot 25, Block 1, River Edge Addition, subject to easement of record, generally located at 112 River Edge Way. IT IS ORDERED that a rezoning be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council meeting minutes of November 21, 2005, December 5, 2005, and December 12, 2005. STATE OF MINNESOTA COUNTY OF ANOKA � I 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 rezoning with the original 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 subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the ��'sh�., day of �,� ��� �,.�,� , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk , , �- J� l i .. `�,�� ; - . �'n . `- e (��,AL) " u. r , ,,,� , .. c. � - �� ;, �, a� !, , ,, • ` c ",, �� . ' ��... l , .. . . " �.a,`.` 'y. � ♦. � '` ' i � *�', j� {� � � � , � ORDINANCE N0. 1219 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 ofthe Fridley City Code is amended hereinafter as indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 100 River Edge Wav Lot 28, Block 1, River Edge Addition, subject to easement of recard 104 River Ed�e Wav Lot 27, Block l, River Edge Addition, subject to easement of record 108 River Edge Wav Lot 26, Block 1, River Edge Addition, subject to easement of record 112 River Edge Wav Lot 25, Block 1, River Edge Addition, subject to easement of record 116 River Edge Wav Lot 24, Block l, River Edge Addition, subject to easement of record 120 River Edge Wav Lot 23, Block 1, River Edge Adc�ition, subject to easement of record 124 River Edge Wav Lot 22, Block 1, River Edge Addition, subject to easement of record 128 Rivers Ed�e Wav Lot 21, Block 1, River Fdge Addition, subject to easement of record 132 River Edee Wav Lot 20, Block l, River Edge Addition, subject to easernent of record Is hereby designated to be in the Zoned District R-1 (Single Family). SECTION 3. That the Zoning Admiiustrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (General Multiple Units) to R-1 (Single Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12� DAY OF DECEMBER, 2005. ATTEST: � DEBRA A. SKOGEN — TY CLERK Public Hearing: November 21, 2005 First Reading. December 5, 2005 Second Reading: December 12, 2005 Publication: Decembe� 22, 2005 �� � SCOTT J. UN — MAYOR FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 _ PAGE 2 OLD BUSINESS: 1. Second 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 #05- 04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge Way (Ward 3). Dr. Burns, City Manager, stated Council approved the first reading of this ordinance at the Council meeting on December 5. Staff recommends Council's approval of the second reading of this ordinance. WAIVED THE READING OF THE ORDINANCE AND APPROVED ORDINANCE NO. 1219 ON SECOND READING AND ORDERED PUBLICATION. 2. Eztension of Generally La 2). �ry Plat Request, PS #03-18, by Town Center Development, 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward Dr. Burns, City Manager, sta.t the preliminary plat for a 54-unit senior condominium project was approved on January 5, 200 . The developer needed a six-month extension of his plat to resolve legal issues regazding the wnership of the land located at 1282 Mississippi Street and 6490 Central Avenue N.E. While e legal issues have been resolved in the developer's favor, he receive the signed mylars from An ka Caunty in time for tonight's meeting. They expect the final plat for this project to come bef e Council at its January 9 meeting. Staff recommends Council's approval of an additional six- onth extension. APPROVED. 3. Approve Comprehensive Sign Plan r Creekside Properties, Generally Located at 7101 Highway 65 N.E. (Ward 2). Dr. Burns, City Manager, stated Karen Sorenson, wner of Creekside Properties, is requesting Council's approval of a comprehensive sign plan. e signs will be placed on the west side of the building and will consist of 3' x 8' panels with bla and blue lettering on white background. Staff recommends Council's approval. APPROVED. 4. Resolution Approving a Plat, P.S. #OS-04, Lots 1 an 2, Olivia Grove, by the City of Fridley, for the Purpose af Creating Two Lots, Gene lly Located at 753 and 755 — 53ra Avenue NE, Fridley, MN (Target Corporation) (W d 1). Dr. Burns, City Manager, stated this is a subdivision for the prop ed Super Target that was approved on June 27, 2005. The subdivision of fhis property allows r the freestanding Petco store. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5 2005 PAGE 2 WAIVED THE READING�A�D ADOPTED ORDINANCE 1215 ON SECOND READING AND ORDERED PUBLIC �rION. 3. Second Reading an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real tate to be Surplus and Authorizing the Sale Thereof, Generally Located at El Street and Liberty 5treet (Ward 3). WAIVED THE ADING AND ADOPTED ORDINANCE NO. 1216 ON SECOND READING AND RDERED PUBLICATION. 4. >econ eading of an Ordinance Amending Chapter 205 of the Fridley City Code 'erta' ing to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District Zo � Text Amendment ZTA #OS-03, by the City of Fridley). WAIVE THE READING AND ADOPTED ORDINANCE NO. 1217 ON SECOND READ G AND ORDERED PUBLICATION. � 5. � Receive the Minutes from the Planning Commission Meeting of November 16, 2005. 6. 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 #OS-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 12$ and 132 River Edge Way) (Ward 3). WATVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING. 7. Resoluh n of the City of Fridley, Minnesota, Approving the Transfer and Exchange of Certa' Parcels of Land with Kent L. Craft and Kathleen M. Craft, Generally Located at en Creek Road and Logan Parkway (Ward 3). William Burns, stated property. Staif recomm City is tra.ding Tract B for an easement that is part of the Crafts' � ouncil's approval. � ADOPTED RESOLUTION l�Q. 2005-71. 8. Resolution of the City of F' ley, Minnesota, Approving the Transfer and Ezchange of Certain Parcels of Land w Peter J. Kadlec and Richard G. Kadlec, Generally Located at Ely Street and Libe Street (Ward 3). William Burns, stated the City proposes to de Tract A for a right-of-way easement. Sta.ff recommends Council's approval. � CITY Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 G 2 71 '/2 Avenue Street In�irovement Project No. ST. 2005 � 3 Estimate No. 1 ...... ................:....... ..........$ 51,157.50 Councilmem6er Bolkcom req sted that Items 2 and 5 be removed an.d placed on the regular agenda. � MOTION by Councilmem er Barnette to approve the consent agenda as presented with the removal of Items 2 and 5. econded by Councilmember Wolfe. UPON A VOICE V , ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ANIMOUSLY. MOTTON by Co cilmember Bolkcom to approve the agenda with the addition of Items 2 and 5. Seconded y Councilmember Billings. UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION C D UNA1vIMOUSLY. Donald E Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle Company parking lot. He has seen people sleeping in their cars. Mr. A bott, Public Safety Director, stated for the most part the property around the Cattle Comp y would be considered private property. He told Mr. Anderson if he saw someone sleep' g in a car in the parking lot to call 911 and an officer would be called out to check to mak sure the person is okay. PUBLIC HEARINGS: 11. Consideration of an Ordinance to Amend the City Code of the City of FridIey, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-04, by Peter Borman to Rezone Multiple Properties from R 3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116,120, 124, 128 and 132 (River Edge WaY) (Ward 3). ' MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. , FR.IDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 6 _ UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:�2 P.M. Julie Jones, Planning Coordinator, said the petitioner is Peter Borman who lives at 120 River Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Famil�i, to R- l, Single Family. The petitioner has contacted a11 of the above property owners regarding the rezoning request and the City has received signatures from all of them. All of the pr perties requesting to be rezoned were developed as single-family homes between the years o 1957 through 1961. They are all zoned R-3, Multi-Family and have been since the City's first zoning map da.ting back to 1958. The 1958 zoning map shows an R-3, Multi-Family, zoni.ng designation starting 'at the south edge of River Edge Way (61 St Way) and extending a11 the way to Interstate 694. Somietime between 1958 and 1962, the school district purchased the land s uth of the subject propertieis, which resulted in a change of zoning from R-3, Multi-Faxnily, to P, ublic. As a result of the �chool property bein.g rezoned to Public, a strip of R-3, Multi-Fami y land remains as a remna.�.t of what was once a very large R-3 zoned property. The petitioner d his neighbors would like to see the current zoning changed to reflect the cwrrent land use, hich is single family. Ms. Jones said that while single-family homes are a permitted use in the R-3 zoning istrict, changing the zonin� to the land's current use will allow the single-family neighbor ood to rema.in the same as �t exists today. The law gives the Ciiy the authority to rezone prope from one designated use �o another, as long as the zoning is in conformance with the Compre en.sive Plan. The CompreYxensive Plan's current land use map an.d 2020 future land use map des'gnates this azea as "Single Family." Rezoning these properties from R-3, Mu1ti-Fa.mily to R-1, Single Family is consist�nt with the Comprehensive Plan and will promote preservati n and reinvestment of the existing single-family neighborhood. The P1axuling Commission held a public hearing on this item on November 2, 2005, and unanimously recommended a roval. Staff recommends ouncil's approval. Councilmember B lkcom asked if staff could have brought this before CounciL Ms. Jones replied s'taff could have done that, but did not really see a problem.. The pe 'tioner chose to bring it forvvard. Councilmember Bc�lkcom asked if a fee was involved. Ms. Jones replied ere is a fee involved. Since single-family is a permitted use in e R-3 zoning district, s does not typically go out and change that zoning. ` Councilmember Bdlkcom asked what the fee was. Mayor Lund said i�p was $1,500. Keith Olson, 112 'ver Ed.ge Way, said at the Planning Comrnission meeting he a:ske if �the " City would be will' g to waive the fee if there were any unusua] circumstances. , , FRID'LEY CITY COUNCIL MEETING OF NOVEMBER 21 2005 PAGE 7 Mayor Lund replied that is sometlung they could consider. Councilmember Bolkcom asked staff if they had ever waived any fees on anything similar to this. Scott Hickock, Comxnunity Development Directar, said he cannot recall a situation where a group of residents have asked for a collective rezoning and they have waived the fees. It is something that he thinks should be put into the record that Council did take the approach at the tune the Comprehensive Plan was adopted that there is an inconsistency and Council chose to take those on a case-by-case basis. There was not an urgent need to modify the rezoning unless there are petitioners. This is a bit different than the t�payers just paying for staff time. There is a certain group who are getting a specific benefit to their property. Dr. Burns stated just to be clear on the record, he believed there times when they have waived the fee. Mr. Hickok stated Council has the ability to waive the fee at its discreti.on. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE PUBLIC HEARING CLOSED AT 8:10 P.M. 12. Consideration o�'f an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City Code Pertaining o Shoreland Overlay District. MOTION by Councilmem r Barnette to waive the reading of the public hearing notice and open the public hearing. Seco ed by Councilmember Bolkcom. UPON A VOICE VOTE, VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED A 8:12 P.M. Ms. Jones, Planning Coordina.tor, sai 's text amendment is for a Shoreland Overlay District in Fridley. Fridley needs to bring shoreli e building requirements into conformity with the State mandate that was passed many years a o w h ic h was designed to protect public waters from overdevelopment. Even though Fridley i a fully-developed community, this is something we are still required to do. Ms. Jones stated in 1988, Fridley's staff gan drafting a shoreland overlay ordinance in preparation for a 1991 DNR mandate. Debate over details of the ordinance continued through the early 90's. Staff requested flexibility fro the Sta.te standard to only include first-tier properties. There was an issue about the DNR w ting us to include property within 1,000 feet of the first and second tier properties. Council w very concemed about creating many non- conforming properties by doing that, and the ordinan e was shelved after some debate: Lack of a sl�oreline ordinance is a concern again, and staff has een warned that they need to adopt one :aNOI�:� COI_�NTZ' ��11NNESOTA Docutnent No.. 1981263.017 ABSTRACT I h�reby certify that th� within instiument �-�as filed in this office f�r record on: O 1' 1�2'2006 4:01: OU PM FeesiTaxes In the �noL►nt of: $46.00 M�UREEN J. DEVINE aiioka County� Property Taa _4dministratoi-/Recorder�Registrar of Titles SLZ, Deputy ' Record ID: 16�8189 � . , .