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ZOA03-04 . , //��p -��- �`� 'd�� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: �, _ _ -� A rezoning request by making a change in zoning districts, legally described as�4partment 1, Co�dvr�ium #5 (Unity View Condominiums), subject to easement of record,�narally located at �76-75th Avenue NE. -, a. �._ .—_. —_----- -- 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridiey, 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 a3-i,d day of `�'�,u.� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. kogen, City Clerk - <. ' _' n��ti' 'y . - �`�;� _ ,(�EAL) '�:.. : :, � ; �f : � •� � �. , ; ,,�' , , . +°?r`�r'� ... �` ,.. ' � FRIDLEY CITY COUNCIL MEETING NIINUTES OF JAl�'UARY 26, 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO A11�ND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA. BY MAHING A CHANGE IN ZONING DISTRICTS �REZONING REQUEST, ZOA#03-04.BY RAS PROPERTIESI (WARD 11. Dr. William Bums, City Manager, said the second read.ing of the ordinance would complete the rezoning of twelve apartment properties in the 74th and 75th Avenue/Lyric Lane azea from R-2 to R-3. The rezoning also included, for purposes of elimi.nating spot zoning, the rezoning of church properiy from R-1 to R-3. The rezoni.ng corrected non- conforn7ing use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January S, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. rrEw susnvEss: 2. REC THE MINUTES OF THE PLANNING CONIl��IISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LIlVIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Burns, City Manager, s the pemut would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the' orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. . • FRIDLEY CITY COUNCIL MEETING NIINUTES OF ,�ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a tr�c study at is approved by the County prior to issuance of a building permit. 23. The petitioner sha11 be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat d by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequaxe scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way tr�c sha11 be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO All�IEND, MAYOR LUND, COUNCILMENB R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE AZAIN 1�20TION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO Al��ND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICT (REZO1vING REOUEST. ZOA #03-04, BY R.AS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY CQUNCIL 11'�ETING MINUTES OF JANUARY 5,2004 PAGE 24 ' ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words `Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block l, Melody Manor Addition." Add "; and" after"Block 1,Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO Ar'IEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAIVIMOUSLY, UPON A VOICE VOTE ON TFIE MAIN MOTION AS AMENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1V�OTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. VJilliam Burns, City uiager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOLTRNMENT: MOTION by Councilmember B ette to adjourn the City Council meeti.ng. Seconded by Councilmember VJolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor . • FRIDLEY CITY COUNCIL MEETING NIINUTES OFrJANUARY 5, 2004 PAGE 14 . , / / Councilmember Bolkcom said she did not understan -it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the azea was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�me in and asked for half of it, we said sorry, they needed to get the other folks on the block/involved. If the other property owners said no, the developer would have had a dilemma W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2,many th�ngs could be done. Mayor Lund asked the City Attorn�'y if it was a legal requirement to rezone the entire block and if it could be sepazated. Attorney Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoni.ng, they were actually obligated to look at the remaining block and the areas surrounding that to deternline if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, v��hether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the azea, what the mazket demand was for senior �ousing, and what the market would bear in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AZOTION CARRIED UNANIMOUSLY. 16. CONSIDER.ATION OF A REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO FAMILY IJNITS TO R-3 GENERAL MULTTPLE i7NITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371 —74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENUE, 450—75 AVENUE AND 476—75 AVENLTE (WARD 11. FRIDLEY CITY COUNCIL MEETIl�TG NIINUTES OF JANUARY Sr2Q04 PAGE 13 ` ' Ms. Olson said it was not only creating a precedent for the nei borhood but for the entire ciTy. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors aze getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very cazeful to go th�ough the site plan. The information they have been provided was that the parking was going to e adequate and the sta11 dimension proper. NSr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opporh�nity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it It was important to understand that beyond the people who w e passiona.te about this issue, there were other voices who put words into the Comprehensive P about what people needed. One of the thi.ngs that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would allow up to 10 percent or up to 5 'ts. That would be govemed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoni.ng was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block, Staff aske him to look at the history across the street and the d.iscussions tha.t had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d tum-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoning. � Mr. Hick k said there would be different opinions about what was and was not spot zoning, so what the: relied on was the standard practices of the City and what the City had done historically in m ' g detemzinations about what was and was not an appropriate zoning demazcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. . • FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, 11'IAYOR LUl\TD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owrzer of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 415 —75th Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regazding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforn�ing uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conform.ing use be expanded. Mr. Hickok sa.id in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoni.ng district. Multi-faznily was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family us�s in the R-2 zoning district, and made the e�cisting multi-family buildings in the R-2 district pre-existing and non-conforming. Last suinmer, petitioner applied for a building pemut to tear down the existing garages and to build new ones. Since the properry was non-conforming, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75th Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apariznent units in the City that are zoned R-2, Two Family, and are used to house multi-faxnily buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this azea as a multi-family azea. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Pla�ing Cornmission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIULEY CITY CQUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 16 ' Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings sa.id in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attomey, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoni.ng was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they coutd describe the entire tract as a11 of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billi.n.gs said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billi.ngs said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreemen� Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of buildi.ng you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. . FRIDLEY CITY COT.TI�TCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIl�'IOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRIDY.EY NIINNESOTA BY MAKING A CHANGE IN ZONIlVG DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPn'IENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a yeaz ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made s that it would bri.ng commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived neaz the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Ernest Hemingway, "For VJhom the Bell Tolls " When it came back from the teacher, one of the comments was "Do you l�ow where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this i.n his back yazd. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Stree� When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more tr�c. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �he State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that area. The traffic for the arena went right by his intersection and it became harder � d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there, the would move. The City built the complex. This last summer he was watclung some softball g es during the `49er Days 1 � FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 18 • - touxnament and the same n�ighbors were there. One neighbor told hi.m he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�ted a school. They also decided that they wanted a gymnasium in the lower part by the creek nea�the backyard of two of his neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gyrnnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer prograzn runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morn.i.ng and return in the afternoon. Councilmember Bamette said we aze p of a city. He received a telephone ca11 on this particular project from someone who lived in He er Hills. This person did not realize the problems the builder had when buildi.ng the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the area of Toti.no High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Tr�c patterns 'd change. Buildi.ngs and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thi.ng that could go in there? He could not answer that We do l�ow that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the properry was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew wha.t was bes� He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged an making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concerns. As a Cify Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Comrnissioner Jim Kordiak to see i ere was anything they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concem about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro� ss. Some significant changes were made to the project as a result. People were heard. y � ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY C011E OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZO1vING 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: All of Block 1, Melody Manor Addition; and, That part of the east '/z of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with sa.id right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or azea to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CITY COUNCIL OF THE CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY,2004. -��,��'�. SCOTT J.LUND—MAYOR ATTEST: �� DEBRA A. SKOGEN—C CLERK Public Hearing: January 5,2004 First Reading: January 5,2004 Second Reading: January 26, 2004 Publica.tion: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. AB TRACT Receipt# ZQ,� ❑ Incorrect/No Reference# �� G � Non-standard Document Date/Time '� � Certified Copy/ DOCUMENT N0. 19 0 8 21$ . 0 AB STRACT DocumentOrder__�of ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordabitity FOR RECORD ON �R 2 5 2 0 0 4 Filing Fees $ / qJ 4 :2 7 PM AND WAS DULY RECORDED. � Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2 0 . O O PAID. Copy/Additional Pg Fees $ � Transfer 2 0 0 4 0 4 9 3 7 9 Well Cert Fees $ RECEIPT N0. � Division MAUREEN J.DEVINE � Incomplete Form ❑ Status ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment ❑ New legal Description By PAF � No Legal Description ❑ GAC DEPU7YPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description ❑ Deferred Specials 64 � Part(s)Illegible �No Change . 1/- 30 -��-��- 0�09 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Councii of the City of Fridley and was heard on the 26`h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described a Apartment 2, � Condominium #5 (Unity View Condominiums), subject to easement of record, ge Ny located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridiey, 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 �3 r d day of /t-��c.�-i , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk ,, , - `� ,� `� � (SEFcL'� . . : , .; , . . , r � _ �__? ,f� j�.� r\ ' ,� � FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 26, 2004 _ PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. NIINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS �7,f11vTN(;RFnTTFST. ZOA#03-04.BY RAS PROPERTIESI (WARD_i_� Dr. William Bums, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoni.ng also included, for purposes of eli.minating spot zoning, the rezoning of church properly from R-1 to R-3. The rezoning corrected non- conforming use status for all of the apartment properties tha.t occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezon.i.ng at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED TI� READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE NIINL1'TES OF THE PLANNING CONIlVIISSION MEETING OF JANU Y 7 2004. RECEIYED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO �LLOW LINIITED OUTDOOR STOR.AGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. � . Dr. William Burns, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tai.n existing enclosed storage of construction equipment behind their building. Since the orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. ' FRIDLEY CITY COiTNCIL MEETING AZINUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin pemzit application, to pay a11 water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a tr�c study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work th City staff and the neighbors to come up with a screening plan to provide adequa.te scree ' consi.sting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way tr�c shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AIVIEND, MAYOR LUND, COUNCILMENB R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN 1120TION AS AMENDED, MAYOR LUND, COUNCII. ER BARNETTE, COUNCILMENIBER BILLINGS AND COUNCIL NIBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO Ar�ND THE CITY CODE OF THE CITY OF FRIDLEY, l�i'IIN1��ESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REQUEST, ZOA #43-04, BY R.AS PROPERTIESI(WARD � 1vIOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRII3LEY CITY CQUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 24 ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at"351 —74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block l, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and"after"Block 1,Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TKE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY, UPON A VOICE VOTE ON TAE A�iAIN MOTION AS A1��IENBED, ALL VOTING AYE, MAYOFt LUND DECLARED THE 1V�OTION CARRIED UNA1vIMOUSLY. 19. INF4R11'IATION STATUS REPORTS. Mr. VJilliam Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOU�tNr�NT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. iTPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED T�YE MOTION CARRIED UNANIMOUSL TKE MEETING VVAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor ' ' FRIDLEY CITY COUNCIL 1VIEETING MINUTES OFrJANiJARY 5,2004 PAGE 14 . � Councilmember Bolkcom said she did not understan �rt. It was only helping one developer. � . Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the azea was developed, the City envisioned it would g.o from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�.me in and asked for half of it, we said sorry, they needed to get the other folks on the blocic/involved. If the other property owners said no, the developer would have had a dilemma. W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be dc�ne with the other two properties. She asked v�=hy they were ir�cluded. If they made it S-2, many tlungs could be done. Mayor Lund asked the City Attorn�y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be ta.king and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoni.ng, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the market demand was for senior �ousing, and what the market would beaz in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LU1�TD DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REQUEST, ZOA #03-04. BY RAS PROPERTIES, TO REZONE 11NLTIPLE PROPERTIES FROM R-2. TWO FAMILY ITNITS TO R-3 GENERAL MULTIPLE LTNITS GENER.ALLY LOCATED AT 351—74 AVENUE 361 —74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENUE, 450—75 AVENITE AND 476—75 AVENLTE (WARD 11. � FRIDLEY CITY COUNCIL MEETING MINUTE5 OF JANUARY S,r2004 PAGE 13 � Ms. Olson said it was not only creating a precedent for the nei borhood but for the entire city. Tr�c in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go ough the site plan. The information they have been provided was that the parki.ng was going to e adequa.te and the sta11 dimension proper. Nir. Hickok said there was discussion about Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in i� It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P1an about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the proj ect would allow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoni.ng was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff send.ing someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if pazking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bollccom asked about spot zoni.ng. � Mr. Hick�k said there would be different opinions about what was and was not spot zoning, so what the. relied on was the standard practices of the City and what the City had done historically in � g determinations about what was and was not an appropriate zoning demazcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. • " FRIDLEY CITY COUI�TCIL MEETING NIlNUTES OF JANUARY 5.2Q04 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bollccom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LiJl\TD DECLARED THE AZOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74th Avenue, 415 —75th Avenue, 7400 Lyric Lane, 350 — 75th Avenue, 460 — 75�' Avenue, 450 — 75`� Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Fanuly to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the azea, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-confornling uses. The City Code stated that a non-conforming use could e�st and could be updated provided the necessary repairs did not constitvte more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a perrnitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoni.n.g district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforniing. Last summer, petitioner applied for a building pernut to tear down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least SO apartment units in the City that are zoned R-2, Two Fanuly, and aze used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and reconunended approval. Staff recommended Council's approval of this request. ' • FRIBLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 16 � Councilmember Billings asked abont Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attomey Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 1 l. Mr. Hickok said currently, it was R-3, Multi-Fam.ily. Councilmember Billings asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate a11 of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billi.ngs said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of buildi.ng you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Pazking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember B arnette. � FRIDLEY__CITY COUI�TCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE n'IOTION CARRIED UNAl�'1MOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRIDY�EY, NIINNESOTA, BY MAKING A CHANGE IN ZONIlVG DISTRICTS (RE�ZONING REQiTEST, ZOA #03-02, BY TOWN CENTER DEVELOPMENT ARD 21. MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with tlus rezoning that the bases were cov ed. He attended the Planxiing Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bri.ng commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived neaz the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Ernest Hemingway, "For VJhom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you laiow where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happeni.ng in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. '�he Sta.te paid for SO%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of properiy taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that azea. The traffic for the arena went right by his intersection and it became harder d hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days i � ' FRIDLEY CITY COUNCIL MEETING 11�NUTES OF JANUARY 5, 2004 PAGE 18 tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church s ed a school. They also decided that they wanted a gymnasium in the lower part by the creek ne the backyaxd of two of his neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all suinmer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morning and return in the afternoon. Councilmember Bamette said we aze p of a city. He received a telephone ca11 on this particular project frorn someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods aze not islands unto themsel es. They aze part of a city. Things do change. VJe are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. Was it a good, positive tUing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everythiJ.ig had to be approved. It was a positive p oject. Was it the best thing that could go in there? He could not answer that VJe do l�ow that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sa1e. Somebody would develop that properiy. He listened to w�Yiat people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concerns. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on OIc�Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anS�thi.ng they could do to move traffic in that azea. The developer made the build one st lower. They looked at pazking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro� ss. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZOIVING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTTON 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east '/z of the northwest %<of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75'� Avenue NE&southerly extension of west line of Block 1 Osbome Manor,thence south along said e�tended 161.33 ft,thence east parallel with said right-of-way line 270 ft.+or- to Southerly e�tension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tra.ct or area to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CTTY COUNCIL OF TI�CITY OF FRIDLEY THIS 26�'DAY OF JANUARY,2004. .��,��-�,. SCOTT J. LUND—MAYOR ATI'EST: �� DEBRA A. SKOGEN—C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26,2004 Publication: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA #03-04. ABSTRACT Recei t# �Q,� ❑ Incorrect/No Reference# p Date/Time ��/ ' �� ❑ Non-standard Document ❑ Certified Copy/ DOCUMENT N0. 19 0 8 217 . 0 ABS TRACT Document Order__1of ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OfFICE Recordability FOR RECORD ON�R 2 5 2 0 0 4 Filing Fees $f�U.� AT 4 : 2 7 PM AND WAS DULY RECORDED. ❑ Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF Copy/Additional Pg Fees $ 2 0 0 4 0 4 9 3 7 3 $2� • 0 0 PAID. � Transfer RECEIPT N0. Well Cert Fees $ � Division MAUREENJ.DEVINE ❑ Incomplete Form ❑ Status ANOKA COUN7Y PROPER7Y TAX ADMINISTRATOR/RECORDER/RE6/STRAR OF T((LES � Missing Attachment � New legal Description BV PAF � No Legal Description ❑ GAC DEPU7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Non-existent Legal Description � Deferred Specials ❑ Part(s)Illegible .Ef'No Change . i ` i //- �D -�� //0 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26�h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: \. A rezoning request by making a change in zoning districts, legally described a �� Apartment 3, Condominium #5 (Unity View Condominiums), subject to easement of record, g�rt'er-aT�y located at 476-75'h Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a3✓d day of M�c-�j , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk � � ;'CS�AL) t ' . ` 'ri� . . ,� . : 6 .. . 4.) :. .. d^. i / - � I�'�' ., .. � . y FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 26,2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2403 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS (RF,ZO1�tING REQUEST, ZOA#03-04,BY R.AS PROPERTIESI (WA.RD 11. Dr. William Bums, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoni.ng also included, for purposes of eli.minating spot zoning, the rezoning of church property from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartrnent properties tha.t occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoni.ng at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. rrEw susnvEss: 2. REC THE MINUTES OF THE PLANNING COMI��IISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LINIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING � TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Burns, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the orage met a11 nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. FRTDLEY CITI' COUNCIL MEETING MIl�TUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Properiy owner of record at time of buildin pernut application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequa.te scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AIVIEND, MAYOR LUND, COUNCILME11a R BARNETTE, COUNCILII�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN AZOTION AS A11'IENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BILLINGS Al�'D COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, l�I'IIN1��ESOTA, BY MAKING A CHANGE IN ZONII�'G DISTRICT (REZONING REOUEST, ZOA #03-04, BY RAS PROPERTIES)(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY CQUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 24` ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74�' Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75th Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75�' Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and"after"Block 1,Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TI�E MOTION TO A112END, ALL VOTING AYE, MAYOR LUND DECLARED TFiE MOTION CARRIED UNA1vIMOUSLY. UPON A VOICE VOTE ON T�IE MAIN MOTION AS AMENDED, ALL VOTING AYE, MAYQR LUND DECLARED THE N�OTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. VJilliam Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED TI�E MOTION CARRIED UNANIMOUSL TI�E MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor FRIDLEY CITY COUNCIL MEETING A'IINUTES OF(JANUARY 5,2004 PAGE 14 . • l Councilmember Bolkcom said she did not understan -rt. It was only helping one developer. � Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the azea was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�me in and asked for half of it, we said sorry, they needed to get the other folks on the blocic/involved. If the other property owners said no, the developer would have had a dilemma W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2,many thmgs could be done. Mayor Lund a.sked the City Attorn�y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezorung on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the azeas surrounding that to determine if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the market demand was for senior ousing, and what the market would beaz in terms of price for the units. They used a reputable to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request, PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REQLTEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2. TWO FANIILY UNITS TO R-3 GENER.AL Mi7LTIPLE iTNITS GENERALLY LOCATED AT 351 —74 AVENUE 361—74 AVENUE 371 —74 AVENUE 389 — 74 AVENUE 415 — 75 AVENLIE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENiTE, 450—75 AVENUE AllTD 476—75 AVENiJE (WARD 11. FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY S,r2004 PAGE 13 � Ms. Olson sa.id it was not only creating a precedent for the nei orhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors aze getting more active. They do not want to be tied down to yazd work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very cazeful to go th�ough the site plan. The information they have been provided was that the parking was going t e adequate and the sta11 dimension proper. NIr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. VJith respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in i� It was important to understand tha.t beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the oppomanity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would a11ow up to 10 percent or up to 5 'ts. That would be govemed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked a.nd wha.t the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot pazking stall. The City did have the disEretion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bollccom asked about spot zoni.ng. � Mr. Hick�k said there would be di.fferent opinions about what was and was not spot zoning, so what the: relied on was the standazd practices of the City and what the City had done historically in m � g deternvnations about what was and was not an appropriate zoning demazcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COiJNCIL MEETING NIINUTES OF JANUARY 5.2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, 11'IAYOR LIJND DECLARED THE MOTION CARRIED UNAllTIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 — 74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 415 —75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conformuig uses. The City Code sta.ted that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also sta.ted that if the non-conforniing structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market vatue. In no case could a non-conform.ing use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-fanvly was still a permitted use in the R-2 district. The subject properties became non-conformi.ng when the City adopted a new zoning ordinance in 1964 dividing the pemutted uses of the R-2 zoni.ng district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-confomung. Last summer, petitioner applied for a building pernut to tear down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conform.ing issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75th Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there aze at least 50 apartment units in the City that are zoned R-2, Two Fanuly, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and reha.bilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIBLEY CITY COiTNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 16 � Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attomey Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 1 l. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block l, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billi.ngs said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreemen� Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-faznily development, 2,500 square feet of land per one unit was needed. Pazking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmernber B amette. FRIDLEY CITY COiTNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 , UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIII'IOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRID�LEY 1!'lINNESOT BY MAHING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Plannuig Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One com.ment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made s that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person v��ho lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Ernest Hemingway, "For DJhom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Bamette said people asked him o r and over again, if he would want this in his back yazd. He sa.id he and his wife had lived in Fridl y since 1958. His first house was on Jackson Stree� When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more tr�c. So much so, that his neighborhood became very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the" neighborhood. The State said it did not meet the criteria but that they would pay for part of it. '�he Sta.te paid for SO%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of property t�es. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that azea. The traffic for the arena went right by his intersection and it became harder d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. This last suminer he was watching some softball g es during the `49er Days 1 � , FRIDLEY CITY COUNCIL MEETING 1VIINUTES OF JANUARY 5, 2004 PAGE 18• � � tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�ted a school. They also decided that they wanted a gyrnnasium in the lower part by the creek nea�the backyaxd of two of his neighbors. His neighbors told him that if they let them build that they �vould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s aze still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Pazk. The soccer program runs all sumnzer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morni.ng and return in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone call on this particulaz project from someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They are part of a city. Things do change. We are a changing community We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast i.n one. It was used though. Another azea that was redeveloped was the area of Toti.no High Schoo . It created traffic. Was it a good, positive �Iiing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thing that could go in there? He could not answer that We do know that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the properry was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on OI Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was an}�thing they could do to move traffic in that azea. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concem about the whole block bei.ng rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro• ss. Some significant changes were made to the project as a result People were heazd. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZOlVING 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1,Melody Manor Addition; and, That part of the east '/z of the northwest %<of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). SECTION 3. T6at the Zoning Administrator is directed to change the official zoning map to show said tract or azea to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CITY COUNCIL OF TI�CITY OF FRIDLEY THIS 26�'DAY OF JANUARY,2004. �� SCOTT J. LUND—MAYOR ATTEST: !�`��-� � DEBRA A. SKOGEN—CI CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publicaxion: February 5, 2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT �0 �d, � � Incorrect/No Reference# Receipt# ��/ :2 � Non-standard Document Date/Time Certified Co / DOCUMENT N0. ❑ PY 1908216 . 0 ABSTRACT DocumentOrder f ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability FOR RECORD ON�R 2 5 2 0 0 4 Filing Fees $ �`d�� AT 4 ; 2'7 pM AND WAS DULY RECORDED. � Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2 O . O O PAID. Copy/Additional Pg Fees $ � Transfer 2 0 0 4 0 4 9 3 7 0 Well Cert Fees $ � Division RECEIPT N0. � Status MAUREEN J.DEVINE � Incomplete Form ANOKACOUN7YPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment ❑ New legal Description pAF � No Legal Description ❑ GAC BY � Non-existent Legal Description ❑ Deferred Specials DEPUIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Part(s) Illegible o Change //-30 -.��-o��— olIl STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: __.___ , A rezoning request by making a change in zoning districts, legally described as partment 4, Condominium #5 (Unity View Condominiums), subject to easement of record, gen`�rattpl�ated at 476-75'h Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a3rc� day of /�li.�,� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk _ ; -� . .` - �. (S�AL) � y G=, , :; , , ',,`',. ,.. . � ,'�,' f�� r . :. �'i i�:��' � . ' FRIDLEY CITY COUNCIL MEETING NIINUTES OF JAI�TITARY 26, 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS (RF,ZOIVING REQUEST, ZOA#03-04,BY R.AS PROPERT'IES)(WARD 11. Dr. William Bums, City Mana.ger, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of elimi.nating spot zoning, the rezoning of church property from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first readi.ng of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WANED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING COMIVIISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE iTEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LINIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Burns, City Mana.ger, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. . IERIDLEY CITY COUNCIL MEETING MINUTES OF ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a tra�fic study at is approved by the County prior to issuance of a building permit. 23. The petitioner sha11 be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees a.nd other creative decorative screening between the proposed d eloprnent and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AlYIEND, MAYOR LUND, COUNCILMENB R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN AZOTION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMENIBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO A1��ND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REOUEST� ZOA #03-04, BY RAS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRII3LEY CITY CQUNCIL MEETING NIlNUTES OF JANIIARY 5,2004 PAGE 24 ' � MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words `Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75th Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block l, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and" after"Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY, UPON A VOICE VOTE ON THE MAIN MOTION AS ANfEl�TI3ED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1VIOTION CARRIED UNANIMOUSLY. 19. INFORl�'IATION STATUS REPORTS. Mr. William Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember VJolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED TI�E M4T�ON CARRIED UNANIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor . �RIDLEY CITY COUNCIL MEETING MINUTES OF'JANUARY 5,2004 PAGE 14 . . / Councilmember Bolkcom said she did not understaY �it. It was only helping one developer. � Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�me in and asked for half of it, we said sorry, they needed to get the other folks on the block�involved. If the other property owners said no, the developer would have had a dilemma. W�iat was requested was consistent with the guide plan. T`hat was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2,many thuigs could be done. Mayor Lund asked the City Attorn�y if it was a legal requirement to rezone the entire block and if it could be sepazated. Attomey Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to deternune if additional rezo ' g was necessary as part of the process. VJhen Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and deternline, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determi.ne the demographics for the area, what the market demand was for senior �ousing, and what the market would bear in terms of price for the units. They used a reputa.ble �itm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Prelixninary P t Request,PS #03-08. Secottded by Councilmember Bamette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REQLTEST, ZOA #03-04, BY R.AS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO FANIILY ITNITS TO R-3 GENER.AL MULTIPLE T.TNITS GENERALLY LOCATED AT 351 —74 AVENUE 361—74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENITE, 450—75 AVENUE AND 476—75 AVENUE (WARD 11. FRIDLEY CITY COUNCII.MEETIl�TG h�VUTES OF JANUARY S,r2004 PAGE 13 � � Ms. Olson said it was not only creating a precedent for the nei borhood but for the entire city. Tr�c in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used.. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go th�ough the site plan. The information they have been provided was that the parking was going to e adequate and the stall dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opporhxnity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand tha.t beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the things that was cleazly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opportunity it would p ovide seniors to say in�lie community. Mr. Hickok said a question was br ght up about rental units. It appeared that the proj ect would a11ow up to 10 percent or up to 5 'ts. That would be govemed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoni.ng was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske hun to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been an.d what would e a proper zoni.ng request They had not received a formal development proposal. Councilmember Bo com asked if pazking stalls were normally 9 feet wide. Mr. Hickok said�� residential projects it was not uncommon to see a 9-foot parking stail. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point. Turn-over was an issue, d tum-over in a senior complex like this was proven to be low. Councilme ber Bollccom asked about spot zoning. � Mr. Hick�k sa.id there would be di.fferent opinions about what was and was not spot zoning, so what the. relied on was the standazd practices of the City and what the City had done historically in m � g determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. _ FRIDLEY CITY COiJNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, 11'IAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 — 74�' Avenue, 389—74th Avenue, 415 —75th Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regazding the rezoning request and obtained signatures from a11 of them. There was a church located in the area, but it could e�st in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be upda.ted provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-confornung structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-confornling when the Ciiy adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zorung district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last sumnzer, petitioner applied for a building permit to teaz down the existing garages and to build new ones. Since the properiy was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there aze at least 50 apartment units in the City that are zoned R-2, Two Faznily, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Fanuly, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COLTNCIL MEETIl�TG NIINUTES OF JANUARY 5,2004 PAGE 16 ' Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attomey how the ordinance should be changed. Attorney Fritz Knaak, City Attomey, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they coutd describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billi.ngs said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of buildi.ng you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Pazking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COTJI�TCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�IMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRID�LEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a yeaz ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Pla.nriing Cornmission meeti.ngs, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many azguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person v��ho lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Ernest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked hi.m o r and over agai.n, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Stree� When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore tr�c by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �e State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o her 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that azea. The traffic for the arena went right by his intersection and it became harder d hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there, the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days \ � ; FRIDLEY CITY COUNCIL MEETING 1VIINUTE5 OF JANiTARY 5,2004 PAGE 18 tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church s ed a school. They also decided that they wanted a gyriulasium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all sumnzer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the momitig and return in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone ca11 on this particular project frorn someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We aze part of a bigger thing. Our neighborhoods are not islands unto themsel es. They aze part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another azea that was redeveloped was the area of Toti.no High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildi.ngs and development changed. That was all part of a developi.ng community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thing that could go i.n there? He could not answer that VJe do l�iow that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properry. He listened to at people have said. He was not saying that he knew what was best. He believed Council was ch ged with mak�ng decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were chazged on making the b decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bollccom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a Ciiy Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on OI Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anything they could do to move traffic in tha.t area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build somettung else that property. She had a concern about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro�ess. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZO1vING 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition;and, That part of the east '/z of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning ax the intersection of south right-of-way line of 75`� Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft. +or- to Southerly e�:tension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTTON 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or azea to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY T'f�CITY COUNCIL OF TF�CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. -��`'��'�. SCOTT J. LUND-MAYOR ATTEST: !�`'�'�� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: January 5,2004 Second Reading: January 26, 2004 Publication: February 5, 2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# 3 7 �Q,� ❑ Incorrect/No Reference# a�, �� :� ❑ Non-standard Document Date/Time DOCUMENT N0. ❑ Certified Copy/ 19 0 8 215 . 0 AB S TRACT Document Order of ANOKA COUNTY MINNESOTA PINs � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability FOR RECORD ON MAR 2 5 2 O O 4 AT Filing Fees $ �•� FEES A D TAXES IN H E�qMOUNT OF AN�WAS DULY RECORDED. ❑ Tax Lien/Release $2 0 . 0 0 Copy/Additional Pg Fees � � Transfer 2 0 0 4 0 4 9 3 6 7 PAID. Well Cert Fees $ RECEIPT N0. ❑ Division MAUREEN J.DEVINE � Incomplete Form � Status ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment � New legal Description PAF ❑ No Legal Description � GAC 81' � Non-existent Legal Description � Deferred Specials �EP�pROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Part(s) Illegible �Vo Change < . �-f-7�, �7�-f-� f1-►�'� . �� !�- 30 - ��- �� -� olcZ STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26`h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as partment 5, \ Condominium #5 (Unity View Condominiums), subject to easement of record�erreraily focated at 450-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a�) day of `�Y1G�t�h , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cler � � � (SEALj� � CJ . � ,� � . � . �O • ' . .i;�t`j . .... ` F`RIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 26,2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZOI�TING DISTRICTS (RFZOI�TING REQUEST, ZOA#03-04,BY RAS PROPERTIESI (WARD 1). Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of eliminating spot zoning, the rezoning of church property from R-1 to R-3. The rezoning corrected non- confornung use sta.tus for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC VE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE T RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LIMITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZOI�TING ISTRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 3). Dr. William Burns, City Manager, aid the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to aintain existing enclosed storage of construction equipment behind their building. Since e storage met all nine requirements of the City Code, staff recommended Council's approv with two stipulations. FRIDLEY CITY COUNCIL MEETING MINUTES OF ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individu sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a buildi permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the tra�c generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ning the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work w th City staff and the neighbors to come up with a screening plan to provide adequate screeni consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AMEND, MAYOR LUND, COUNCILMEMB R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILME R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN MOTION AS AMENDED, MAYOR LUND, COUNCIL SER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILM MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 24 ` MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75th Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block l, Melody Manor Addition." Add "All of' before the phrase `Block 1, Melody Manor Addition." Add "; and" after "Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS AMENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSL D THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor • �'RIDLEY CITY COUNCIL MEETING MINUTES O�'JANUARY 5,2004 PAGE 14 �Councilmember Bolkcom said she did not understan ,rt. It was only helping one developer. Mr. Hickok said that bigger than the one develop� r was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would o from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone e in and asked for half of it, we said sorry, they needed to get the other folks on the bloc involved. If the other property owners said no, the developer would have had a dilemma. W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tk�e City said it wanted. Councilmember Bolkcom asked why �zoning for someone who was already there needed to be changed. Nothing was going to be d ne with the other two properties. She asked why they were included. If they made it S-2,many 'ngs could be done. Mayor Lund asked the City Attorn y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. 'They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezo 'ng was necessary as part of the process. When Courts reviewed these decisions, one of the ngs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin study to determine the demographics for the area, what the market demand was for senior ousing, and what the market would bear in terms of price for the units. They used a reputable rm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council ember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminazy Pl t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REOUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO FAMILY UNITS TO R-3 GENERAL MULTIPLE UNITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371 —74 AVENUE 389 — 74T AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENUE, 450—75 AVENUE AND 476—75 AVENUE (WARD 1). FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5�2004 PAGE 13 � � Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove ng. Someone mentioned 9-foot parking stalls in the site plan. Staff was very cazeful to go ough the site plan. The information they have been provided was that the parking was going to e adequate and the stall dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He wa encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the proj ect would allow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with st dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prope . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ined to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said ' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the di retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoning. � Mr. Hick k said there would be different opinions about what was and was not spot zoning, so what the�relied on was the standard practices of the City and what the City had done historically in maki�ig determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. . FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5.2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�' Avenue, 361 — 74`�'Avenue, 371 —74�' Avenue, 389—74th Avenue, 415 —75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75th Avenue, 450 — 75th Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted a11 of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last suminer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Gouncil and the commission members on the 2001 council/commission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 16 ' � Councilmember Billings asked about Outlot #1 near 460 — 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. • �RIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�TIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDY.EY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made s that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was i high school he wrote a book report on a book by Ernest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went azound "s neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. e State paid for 50%, the County 25% and the residents on either side of 69th Avenue paid the o her 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an 'ce arena in that area. The traffic for the arena went right by his intersection and it became harder d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days � FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 18 �" � tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church st ed a school. They also decided that they wanted a gymnasium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer prograrn runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w s there and trucks go out in the morning and retum in the afternoon. Councilmember Barnette said we aze p of a city. He received a telephone ca11 on this particular project from someone who lived in He her Hills. This person did not realize the problems the builder had when building the homes in th t area because some of the neighbors did not want them there. He said "not in my backyard" 'd not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in s one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thing that could go in there? He could not answer that. We do know that 'f it was not rezoned, other things could go there. People have said to leave it alone. T'he wor was out that the property was for sale. Somebody would develop that property. He listened to hat people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative governinent, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concerns. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of tr�c on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i here was anything they could do to move traffic in that azea. The developer made the build one st lower. They looked at pazking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo ity to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro-ess. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1,Melody Manor Addition; and, That part of the east '/z of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly e�ctension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said righi-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). 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 R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J.LUND—MAYOR ATTEST: �� DEBRA A. SKOGEN—C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26,2004 Publication: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT o � Incorrect/No Reference# Receipt# � — � Non-standard Document Date/Time � '!�5 / � :2 ❑ Certified Copy/ DOCUMENT N0. 19 0 8 2 3 9 . 0 ABSTRACT Document Order ( of PINs � ANOKA COUNTY MINNESOTA ,(� I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability / � FOR RECORD ON aD.� AT MAR 2 5 2 O O 4 AND WAS DULY RECORDED. Filing Fees $ 4 • 2 g PM � Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2� a� PAID. Copy/Additional Pg Fees $ ❑ Transfer 2004049503 Well Cert Fees $ � Division RECEIPT N0. ❑ Incomplete Form ❑ Status MAUREEN J.DEVINE ANOKA COUNIY PROPERIY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES � Missing Attachment ❑ New legal Description pAF � No Legal Description ❑ GAC BY � Non-existent Legal Description ❑ Deferred Specials DEPUIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Part(s)Illegible gNo Change � `� ��:' 7�%� �--�/� ��a l!- 30 -2�{�a�- 0�/3 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 6, �` Condominium #5 (Unity View Condominiums), subject to easement of recorcf;-g�ie�aU�-leeated at 450-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a�� day of `y'Yla.�-�� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City CI r __ ; - ,J d''- (SEAL)� -, , �� :� � � � , � � � �� , . �,, ��.,� � , �� '�;+'�/�`• ... ' . +,�1 ' FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 26, 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (RFZONING REQLTEST, ZOA#03-04,BY R.AS PROPERTIES) (WARD 1). Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of eliminating spot zoning, the rezoning of church property from R-1 to R-3. The rezoning corrected non- conforming use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING COMIVIISSION MEETING OF JANLT Y 7 2004. RECEIVED. 3. SPECIAL USE PE T RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO OW LINIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZOl�TING D TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 3). Dr. William Burns, City Manager, s ' the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to ' tain existing enclosed storage of construction equipment behind their building. Since th storage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. , .FRIDLEY CITY COUNCIL MEETING MINUTES OF ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individu sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a buildi permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any tra�c improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ning the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work w'th City staff and the neighbors to come up with a screening plan to provide adequate screeni consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AMEND, MAYOR LUND, COUNCILMEIVIZ R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN MOTION AS AMENDED, MAYOR LUND, COUNCIL BER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILM MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZOlvING REOUEST, ZOA #03-04, BY RAS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 24 ' � MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74�' Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "3 50 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75th Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block l, Melody Manor Addition; and 476 — 75�' Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and" after"Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS AMENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSL ND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor . .FRIDLEY CITY COUNCIL MEETING MINUTES OF'JANUARY 5, 2004 PAGE 14 / Councilmember Bolkcom said she did not understan -it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone e in and asked for half of it, we said sorry, they needed to get the other folks on the bloc involved. If the other property owners said no, the developer would have had a dilemma. W��hat was requested was consistent with the guide plan. That was the bigger picture. It was what the City said it wanted. Councilmember Bolkcom asked why �zoning for someone who was already there needed to be changed. Nothing was going to be d ne with the other two properties. She asked why they were included. If they made it S-2, many ings could be done. Mayor Lund asked the City Attorn y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezo ing was necessary as part of the process. When Courts reviewed these decisions, one of the ngs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin study to determine the demographics for the area, what the market demand was for senior ousing, and what the market would bear in terms of price for the units. They used a reputable rm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council ember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary Pl t Request, PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO FAMILY iTNITS TO R-3 GENERAL MULTIPLE UNITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371 —74 AVENUE 389 — 74 AVENITE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENUE,450—75 AVENUE AND 476—75 AVENUE (WARD 1). FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5�2004 PAGE 13 � " Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove ng. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go t ough the site plan. The information they have been provided was that the parking was going to e adequate and the stall dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He wa encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would a11ow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with s dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prope . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ined to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said ' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the di retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoning. � Mr. Hick k said there would be different opinions about what was and was not spot zoning, so what the�relied on was the standard practices of the City and what the City had done historically in maki�g determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. , . FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5.2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 — 74�' Avenue, 371 —74�' Avenue, 389—74th Avenue, 415 —75�' Avenue, 7400 Lyric Lane, 350 — 75th Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75th Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted a11 of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-confornung when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74tn Avenue, 75th Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5. 2004 PAGE 16 • Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #l. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75�' Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standazds. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. , .FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDY�EY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS OlvING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . ' MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Tr�c concerns were expressed. Councilmember Barnette said when he was i high school he wrote a book report on a book by Ernest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. e State paid for 50%, the County 25% and the residents on either side of 69th Avenue paid the o her 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an 'ce azena in that area. The traffic for the arena went right by his intersection and it became harder d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there, the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days �� FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 18 ' • tournament and the same n ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church st ed a school. They also decided that they wanted a gyrnnasium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer prograrn runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w s there and trucks go out in the morning and return in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone call on this particular project from someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in th t area because some of the neighbors did not want them there. He said "not in my backyard" 'd not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in s one. It was used though. Another area that was redeveloped was the azea of Totino High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thing that could go in there? He could not answer that. We do know that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sa1e. Somebody would develop that property. He listened to hat people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative government, and the residents did not get vote on every issue. They elected Council to do that. They were chazged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concerns. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anything they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro ess. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does orda.in 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1,Melody Manor Addition;and, That part ofthe east '/Z of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly e�rtension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning ma.p to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2 (Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CITY COUNCIL OF Tf�CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J.LUND—MAYOR ATTEST: !�`�� DEBRA A. SKOGEN—C CLERK Public Heating: January 5,2004 First Reading: January 5,2004 Second Reading: January 26,2004 Publication: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABS RACT Receipt# � ❑ Incorrect/No Reference# Date/Time v��'�J/ �(O.'.2g ❑ Non-standard Document ❑ Certified Copy/ DOCUMENT N0. Document Order /of 19 0 8 2 4 0 . 0 AB S TRACT PINs �- ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability FOR RECORD ON FilingFees $ �0,� AT MAR 25 2004 Copy/Additional Pg Fees $ ❑ Tax Lien/Release FEES AND T�ESIN H E�AMOUNT OF AND WqS DULY RECORDED. ❑ Transfer $2 0 . 0 0 PAID. Well Cert Fees $ RECEIPT N0.2 O O 4 O 4 9 5 O 4 � Division MAUREEN J.DEVINE � Incomplete Form � Status ANOKACOUN7YPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment � New legal Description ❑ No Legal Description � GAC By -�AF' DEPU7Y PROPER7Y TAX ADMINISTRATOR/RECORDER/REGISTRAR Of TITLES � Non-existent Legal Descriptio� � Deferred Specials ❑ Part(s)Illegible ,�No Change i ( (- 30 - ��- - .Z�- ori.� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Councii of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: - '� A rezoning request by making a change in zoning districts, legaliy described a Apartment 8, Condominium #5 (Unity View Condominiums), subject to easement of record, �ra1Ty located at 476-75'h Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) . , 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 o�3�d day of /�ta.�.� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk . ` (SEaL} , . .: , . �._, . Ai ,I� � . ' j�`?� .,� "f'. . � �'RIDLEY CITY COUNCIL MEETING NIINUTES OF JAI�TTJARY 26,2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO A1��ND THE CITY CODE OF THE CITY OF FRIDLEY. NIINNESOTA. BY MAKING A CHANGE _IN ZONING DISTRICTS �7,(l1�TTNG RFOTTEST. ZOA#03-04.BY RAS PROPERTIES) (WARD 11. Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75th Avenue/Lyric Lane area fronl R-2 to R-3. The rezoni.ng also included, for purposes of elimi.nati.ng spot zon.i.ng, the rezoning of church properry from R-1 to R-3. The rezoning corrected non- conforming use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Convnission approved this rezoning at their meeting on December 17, 2003. Council approved the first readi.ng of the ordi.nance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE NIIN[T'TES OF THE PLANNING COMIVIISSION MEETING OF JAl�TiJ Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO �LLOW LIlVIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Bums, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tai.n existing enclosed storage of construction equipment behind their building. Since the' orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. • FRIDLEY CITY COUNCIL MEETING NIINUTES OF ,�ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site aze properly capped or removed. 21. Property owner of record at time of buildin pem7it application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a traffic siudy at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other i.mprovements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 20b3. 26. All drive aisles to be sed for 2-way traffic sha11 be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AMEND, MAYOR LUND, COUNCILMEMS R BARNETTE, COUNCILA�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE NIAIN MOTION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLA.RED TIiE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FTRST READING OF AN ORDINANCE TO All�ND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY NIAKING A CHANGE IN ZONII�TG DISTRICT (REZOIVING REOUEST, ZOA #03-04. BY RAS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING NiINUTES OF JANUARY 5,2004 PAGE 24 ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block l, Melody Manor Addition; and 476 — 75�' Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and" after"Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AIVIEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIIVIOUSLY. UPON A VOICE VOTE ON THE MA1N MOTION AS A11'IENBED, ALL VOTING AYE, MAYOR LUND DECLA�2ED THE NIOTION CARRIED UNANIMOUSLY. 19. INFORl1'1ATION STATUS REPORTS. Mr. VJilliazn Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember DJolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUl\'D DECLARED TI�E MOTION CARRIED UNANIMOUSL THE MEETING VVAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor • FRIDLEY CITY COUNCIL MEETING MINUTES OFrJANUARY 5,2004 PAGE 14 . / Councilmember Bolkcom said she did not understai -it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone came in and asked for half of it, we said sorry, they needed to get the other folks on the blocic/involved. If the other property owners said no, the developer would have had a dilemma W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what t�ie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2,many th�.ngs could be done. Mayor Lund asked the City Attorn�'y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to deternune if add.itional rezo ' g was necessary as part of the process. VJhen Courts reviewed these decisions, one of the gs they looked at was boa.ndaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the si.ngle site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the mazket demand was for senior �ousing, and what the mazket would bear in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Counci � ember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councitmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZO1vING REQLTEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2. TWO FAMILY Ul�TITS TO R-3 GENER.AL MITLTIPLE iTNITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENiTE, 450—75 AVENiJE AND 476—75 AVENiJE (WARD 11. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY S,i2004 PAGE 13 ` ' Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go th�ough the site plan. The information they have been provided was that the parki.ng was going t e adequate and the stall dimension proper. Nir. Hickok said there was discussion about th Comprehensive Plan and spot zoning. VJith respect to the Comprehensive Plan, anyone wh wa.s at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the tbings that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the proj ect would a11ow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zon.i.ng was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A genfleman came in and was interested in rezoning the north end of the block. Staff aske yim to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoni.ng request. They had not received a formal development proposal. Councilxnember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoni.ng. � Mr. Hick�k said there would be di.fferent opinions about what was and was not spot zoning, so what the. relied on was the standard practices of the City and what the City had done historically in m ' g detemunations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. • •FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE MOTION CARRIED UNANIl�'IOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 415 —75th Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75th Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-confonning uses. The City Code sta.ted that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-faznily was still a pernutted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-confornung. Last sununer, petitioner applied for a building permit to teaz down the existing garages and to build new ones. Since the properiy was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75th Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apariment units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in confonnance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5, 2004 PAGE 16 Councilmember Billings asked about Outlot#1 near 46Q— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoni.ng was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billin.gs asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billi.ngs said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75th Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Pazking would also have to be included. Each lot was individually owned and i.n order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. - FRIDLEY CITY COUI�TCIL MEETING MINLTTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIIIZOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDY�EY T'IINI�TESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure v�nth this rezoni.ng that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many azguments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Bamette said when he was ' high school he wrote a book report on a book by Ernest Hemingway, "For VJhom the Bell Tolls:' When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked hun o r and over aga.i.n, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. '�he State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o`ther 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�:ce arena in that azea. The traffic for the arena went right by his intersection and it became harder a�.tad hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that azea said if they built there, the would move. The City built the complex. This last sumnler he was watching some softball g es during the `49er Days , � , FRIDLEY CITY COUNCIL MEETING MINUTES OF JAl\�A.RY 5, 2U04 PAGE 18 - tournament and the sazne n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�ted a school. They also decided that they wanted a gymnasium in the lower part by the creek nea�the backyard of two of lus neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was i.n Locke Pazk. The soccer program runs all sumnzer long. People should pazk in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morn.i.ng and retu.m in the aftemoon. Councilmember Barnette said we aze p of a city. He received a telephone call on this particular project frorn someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods aze not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned_ He did not think it was cast in one. It was used though. Another azea that was redeveloped was the azea of Totino High Schoo . It created traffic. Was it a good, positive flung for the community? Yes it was. Tr�c patterns 'd change. Buildings and development changed. That was all part of a developing commwuty. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thing that could go in there? He could not answer tha.t We do l�iow that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew wha.t was bes� He believed Council was ch ged with making decisions. We had a representative government, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recornmend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concerns. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Comxnissioner Jim Kordiak to see i ere was anything they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concem about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro� ss. Some significant changes were made to the project as a result. People were heard. . . ORDINANCE N0. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZOrTING 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 subj ect to the stipulations as shown in Attachment 1. SECTION 2. The tract or azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east '/z of the northwest %,of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly e�ctension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beb nning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). 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 R-1 (Single Family), and R-2 (Two Fanuly Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY T'HE CITY COUNCIL OF TI-�E CITY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J. LUND-MAYOR ATTEST: !�'`'��-� DEBRA A. SKOGEN-CT CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publicaxion: February 5,2004 . . ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# / ❑ Incorrect/No Reference# 3�� ❑ Non-standard Document DOCUMENT N0. Date/Time � Certified Copy/ 19 0 8 214 . 0 ABSTRACT DocumentOrder or ANOKA COUNTY MINNESOTA PINs � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordabili FOR RECORD ON MAR 2 5 2 0 0 4 tY AND WAS DULY RECORDED. 2n AT 4 ; 27 PM Filing Fees $ v"�� FEES AND TAXES IN THE AMOUNT OF $2 Q . 0 0 PAID. ❑ Tax�ien/Release 2 0 0�0 4 9 3 6 4 Copy/Additional Pg Fees � � Transfer RECEIPT N0. Well Cert Fees $ � Division MAUREEN J.DEVINE � Incomplete Form ❑ Status ANOKACOUNIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES New le al Descri tion PAF � Missing Attachment ❑ 9 P BY � No Legal Description ❑ GAC DEPU7YPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description ❑ Deferred Specials � Part(s)Illegible No Change • 1 ��, � �z�-��-D�/� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26`h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: _ _� A rezoning request by making a change in zoning districts, legally described a�Apartment 9, � Condominium #5 (Unity View Condominiums), subject to easement of record, ge''Si�1fiy located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a3r� day of M4�-� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, ity CI .� ,� � ' ~ SEAL 1" , � �,.. / : , - .C:� . . ' . .. . �� J ' �.� a.. � . .. y,.�.s,�`•.� � ' •FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 26,2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINES5: � 1. ORDINANCE NO. 1183 TO AMEND THE CTTY CODE OF THE CITY OF FRIDLEY. MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS (�tE�nNr1v�RFniTEST. zOA#03-04.BY RAS PROPERTIESI (WARD i� Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoni.ng also included, for purposes of eliminating spot zoning, the rezoni.ng of church properiy from R-1 to R-3. The rezoni.ng corrected non- conformin.g use status for all of the apartrnent properties that occurred as a result of City rezoning in the late 1960s. The Planning Conzmission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January S, 2004. Staff recom.mended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING A1�TD ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING COMNIISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE LTEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LINIITED OUTDOOR STOR.AGE IN A HEAVY INDUSTRIAL ZONING � TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 3). . Dr. William Bums, City Manager, sa�the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tai.n existing enclosed storage of construction equipment behind their building. Since the orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. . . FRIDLEY CITY COUNCIL MEETING NIINUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determ.ined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepazed by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO A11�IEND, MAYOR LUND, COUNCILMENIZ R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN MOTION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMENIBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AlYIEND THE CITY CODE OF THE CITY OF FRIDLEY. NIINI�TESOTA. BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REOUEST, ZOA #03-04, BY RAS PROPERTIES)(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember VJolfe. FRIDLEY CITY CQUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 24 ` ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certai.n language starting at "351 — 74th Avenue: Lot 10, Block l, Melody Manor Addition" and ending with "350 — 75th Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — ?5�' Avenue: Lot 2, Block l, Melody Manor Addition." Add "All of' before the phrase "Block l, Melody Manor Addition." Add "; and" after `Block 1,Melody Manor Addition." Seconded by Councilxnember Wolfe. UPON A VOICE VOTE ON THE MOTION TO Al�'IEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS A11�NBED, ALL VOTING AYE, MAYOR LUND DECLARED THE NIOTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOLTI�tNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. IJPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED TI�E MOTION CARRIED UNAl�TIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor • FRIDLEY CITY COUNCIL MEETING 1VIINUTES OFrJANUARY 5.2004 PAGE 14 . / Councilmember Bolkcom said she did not understa.� �it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the azea was developed, the City envisioned it would g�o from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�ame in and asked for half of it, we said sorry, they needed to get the other folks on the blocic/involved. If the other property owners said no, the developer would have had a dilemma. W'hat wa.s requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be dc�ne with the other two properties. She asked why they were included. If they made it S-2, many tlungs could be done. Mayor Lund asked the City Attorn�'y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezotting on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the area.s surrounding that to determine if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, ba.sed on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the market demand was for senior �ousing, and what the market would bear in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public heari.ng on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZOI�TING REOUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MiTLTIPLE PROPERTIES FROM R-2, TWO FAMILY U1vITS TO R-3 GENERAL MULTIPLE TJNITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENiTE. 450—75 AVENLTE AND 476—75 AVENUE (WARD 11. FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY S,i2004 PAGE 13 � Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. Tha.t was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go tt�rough the site plan. The information they have been provided was that the parki.ng was going t e adequate and the sta11 dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. VJith respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e pa.ssionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the things that was cleazly described and articulated by d.is ussions at the Comprehensive Plan meetings was senior housing and the opportuYuty it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would allow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said}'�residential projects it was not uncommon to see a 9-foot parking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point Turn-over was an issue, d tum-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoning. � Mr. Hick�k said there would be different opinions about what was and was not spot zoning, so what the: relied on was the standazd practices of the City and what the City had done historically in m ' g detemunations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. . FRIDLEY CITY COi11�TCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, NtAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 — 74�'Avenue, 389—74�' Avenue, 41� —75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75th Avenue, 450 — 75� Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforn�ing uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fa.ir market value of such structure. The code also stated that if the non-confornung structure was da.maged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the e�sting multi-family buildi.ngs in the R-2 district pre-existing and non-confonning. Last summer, petitioner applied for a building pemut to tear down the existing garages and to build new ones. Since the properiy was non-conforming, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currendy, there aze at least 50 apartment units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcomrnission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Fanuly, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIBLEY CITY COiTNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 16 ` � Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmernber Billings said in the ordinance the legal description did not include Outlot #l. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attomey how the ordinance should be changed. Attorney Fritz Knaak, City Attomey, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoni.ng was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as a11 of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billi.ngs said the short version would be to designate a11 of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billi.ngs said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Pazking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolida.ted. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember B amette. FRIDLEY CITY COiJNCIL MEETIl�TG MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1VI11ZOUSLY. NEW BUSINESS• 17. FIRST READING OF AN ORDINANCE TO AIVIEND THE CITY CODE OF THE CITY OF FRIDY�EY AZINNESOTA BY MAHING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT A.RD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure v��ith this rezoning that the bases were cov ed. He attended the Plaiuung Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person v�Tho lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th buildi.ng. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Ernest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Bamette said people asked him o r and over again, if he would want this i.n his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tomado hit in 1965, but another major thing t was happeni.ng in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more tr�c. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. e State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o er 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce axena in that area. The traffic for the arena went right by his intersection and it became harder arad harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days 1 � , FRIDLEY CITY COUNCIL MEETING NIINUTES OF JAl\TTJARY 5,_2004 PAGE 18 � � tournament and the same n�ighbors were there. One neighbor told hi.m he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�ted a school. They also decided that they wanted a gymnasium in the lower part by the creek nea�the backyard of two of his neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s aze still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morn.i.ng and return in the afternoon. Councilmember Barnette said we aze p of a city. He received a telephone call on this particular project from someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in t area because some of the neighbors did not want them there. He said "not in my backyazd" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They aze part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast i.n one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thing that could go in there? He could not answer that. VJe do know that 'f it was not rezoned, other tiv.izgs could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Co cil, they needed to look at what fliey were goi.ng to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anything they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concem about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro�ess. Some significant changes were made to the project as a result. People were heazd. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZOIVING 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 subj ect 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: All of Block 1, Melody Manor Addition; and, That part of the east '/s of the northwest '/<of Section 11,Township 30,Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east para11e1 with said right-of-way line 270 ft.+or- to Southerly e�ension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTTON 3. That the Zoning Administrator is directed to change the official zoning ma.p to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CTTY COUNCIL OF Tf�CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J.LUND-MAYOR ATI'EST: �� DEBRA A. SKOGEN-CT CLERK Public Hearing: January 5,2004 Fust Reading: January 5, 2004 Second Reading: January 26, 2004 Publica.tion: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# � �'O 0,� ❑ Incorrect/No Reference# � Non-standard Document DOCUMENT N0. Date/Time 3'� ' � Certified Copy/ 19 0 8 213 . 0 ABSTRACT DocumentOrder of ANOKA COUNTY MINNESOTA PINs � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON MAR 2 S 2 0 0 4 Recordability � qT AND WAS DULY RECORDED. 4 : 27 PM Filing Fees $ ��•� FEES AND TAXES IN THE AMOUNT OF $2 0 . O 0 PAID. � Tax Lien/Release 2 0 0 4 0 4 9 3 6 0 Copy/Additional Pg Fees $ � Transfer RECEIPT N0. Well Cert Fees $ � Division MAUREEN J.DEVINE � Statu s ANOKA COUNTY PROPER7Y TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES � Incomplete Form pAF � Missing Attachment ❑ New legal Description BY � No Legal Description � GAC DEPUIYPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description ❑ Deferred Specials � Part(s)Illegible �'�o Change �� D-.2�� o�`�'' 0�� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties , The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: ---_. A rezoning request by making a change in zoning districts, legally described ,a�Apartment 10;-' Condominium #5 (Unity View Condominiums), subject to easement of record�gei��ally located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridiey, 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 a 3-�.� day of }'Y)�,cfi , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City lerk � (SEAL�, �� ,� ' , ,� . �� : � � , . .�, � . .. . ' ' ._.. y �� . � ' '� P�,-� ' FRIDLEY CITY COLTNCIL MEETING NIINUTES OF JANUARY 26, 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO A1��ND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAHING A CAANGE_IN ZONING DISTRICTS (�7,f1NTl�T(:RFnTTFST_ 7,nA#03-04,BY RAS PROPERTIESI fWARD_il. Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74th and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of eliminating spot zoning, the rezoni ng of church properiy from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartment properties tha.t occurted as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoni.ng at their meeting on December 17, 2003. Council approved the first readi.ng of the ordinance at its meeting on January S, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING COA'IlVIISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LIlVIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Burns, City Manager, sa�the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain e�risting enclosed storage of construction equipment behind their building. Since the orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. � ,FRIDLEY CITY COUNCIL MEETING MINUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site aze properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petiti�ner sha11 be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat d by the development including signalization or other i.mprovements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AIVIEND, MAYOR LUND, COUNCILMENIZ R BARNETTE, COUNCILll�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARR�D ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN AZOTION AS AMENDED, MAYOR LUND, COUNCIL �ER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMENIBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO Al��IEENU THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY MAHING A CHANGE IN ZONING DISTRICT (REZO1vING REQUEST, ZOA #03-04, BY R.AS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 24 ` ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Add.ition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block l, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot l, Block 1, Melody Manor Addition; and 476 — 75�' Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add `; and" after"Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TI�E MOTION TO AIVIEND, ALL VOTING AYE, MAYOR LUl\'D DECLARED THE MOTION CARRIED UNANIIVIOUSLY, UPON A VOICE VOTE ON THE MAIN MOTION AS A11�NBED, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City anager, said he would like to meet with Council after the meeting to discuss pending lingation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember VJolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED T�E MOTION CARRIED UNANIMOUSL TI3E MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor � FRIDLEY CITY COUNCIL MEETING MINUTES OFrJANUARY 5, 2004 PAGE 14 . , / Councilmember Bolkcom said she did not understan �it. It was only helping one developer. � Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the azea was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�me in and asked for half of it, we said sorry, they needed to get the other folks on the blocic/involved. If the other property owners said no, the developer would have had a dilemma. W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked v��hy they were included. If they made it S-2, many gs could be done. Mayor Lund asked the City Attom y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be talcing and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particulaz development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to deterrnine if additional rezo � g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the market demand was for senior �ousing, and what the market would beaz in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council#nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZO1vING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE NIULTIPLE PROPERTIES FROM R-2, TWO FAMILY LTNITS TO R-3 GENERAL MULTIPLE TJNIT5 GENERALLY LOCATED AT 351 —74T AVENUE 361—74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENiJE, 450—75 AVENUE AND 476—75 AVENLTE(WARD 11. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5�2004 PAGE 13 � ' Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data.on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stal.ls in the site plan. Staff was very careful to go th�ough the site plan. The information they have been provided was that the parking was going t e adequate and the stall dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e passiona.te about this issue, there were other voices who put words into the Comprehensive P1an about wha.t people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opportunity it would p ovide seniors to say in the conununity. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would allow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There wa.s a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dazd zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A genfleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and wha.t the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot pazki.ng sta11. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoning. � Mr. Hick k said there would be di.fferent opinions about what was and was not spot zoning, so what the, relied on was the standard practices of the City and what the City had done historically in m � g detemunations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. ,FRIDLEY CITY COUl�TCIL MEETING NIINUTES OF JANUARY 5,2Q04 PAGE 15 MOTION by Councilmember Billi.ngs to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LU1�TD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74th Avenue, 41� —75th Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforn�ing uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tomado, riot or a.ct of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fa.ir market value. In no case could a non-conformisig use be expanded. Mr. Hickok sa.id in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a pem�itted use in the R-2 district. The subject properties became non-conformi.ng when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division d.id not allow multi-family uses in the R-2 zoning district, and made the e�cisting multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to teaz down the existing garages and to build new ones. Since the properly was non-confornung, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there aze at least 50 apartrnent units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a ca.se-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-faznily area. Rezoning these properties from R-2, Two Faznily, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COITNCIL MEETING MINUTES OF JANUARY 5, 2004__ PAGE 16 ' Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billi.ngs said in the ordinance the legal description did not include Outlot #l. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billi.ngs asked if they could describe the entire tract as a11 of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billi.ngs said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site a.nd the square foot dimension. In a multi-family development, 2,500 square feet of land per one iinit was needed. Pazking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. . FRIDLEY CITY COUI�TCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA.NIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRID�LEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS NING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a yeaz ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoni.ng that the bases were cov ed. He attended the Planning Commission meeti.ngs, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person v��ho lived neaz the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the nazne of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson S1r et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happeni.ng in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �he State paid for SO%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that azea. The traffic for the arena went right by his intersection and it became harder d hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. This last summer he wa.s watching some softball g es during the `49er Days 1 � , FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 18 - - tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church s ed a school. They also decided that they wanted a gynu�asium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Pazk. The soccer program runs all summer long. People should pazk in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morni.ng and retum in the afternoon. Councilmember Bamette said we aze p of a city. He received a telephone call on this particular project from someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not i.n my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto thexnsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another azea that was redeveloped was the area of Toti.no High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thing that could go in there? He could not answer that We do lfliow tha.t 'f it was not rezoned, other ttiings could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative government, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside had to say. They continued the public hearing because there were traffic concems. As a City Co�ncil, they needed to look at what they were goi.ng to do. There was a fair amount of traffic on O1d�Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was an}�.hi.ng they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro�ess. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does orda.in 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: All of Block 1, Melody Manor Addition; and, That part of the east '/z of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly e�tension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block l,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). 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 R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY T'I�CITY COUNCIL OF TI�CITY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J. LUND—MAYOR ATTEST: �� DEBRA A. SKOGEN—C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5, 2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. AB TRACT Receipt# � � �a, � ❑ Incorrect/No Reference# Date/Time ��2� � � :�2 ❑ Non-standard Document DOCUMENT N0. ❑ Certified Copy/ 19 0 8 212 . 0 ABSTRACT DocumentOrder iof ANOKA COUNTY MINNESOTA PINs � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE � FOR RECORD ON Recordability - AT M�iR 2 5 2 0 0 4 Filing Fees $ d � 4 : 2 7 PM AND WAS DULY RECORDED. � Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF Copy/Additional Pg Fees $ $?0 . 00 PAID. Transfer 2 0 0 4 0 4 9 3 5$ ❑ RECEIPT N0. Well Cert Fees $ Division ❑ MAUREEN J.DEVINE � Incomplete Form � Status ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment ❑ New legal Description gy PAF ❑ No Legal Description ❑ GAC DEPUIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description ❑ Deferred Specials ❑ Part(s)Illegible No Change . - , j ��" � ��`�'2�G�D�/P STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26'h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: ,, A rezoning request by making a change in zoning districts, legally described a�Apartment 11, Condominium #5 (Unity View Condominiums), subject to easement of record, generaTfy located at 476-75'h Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) . , 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��day of�-r�� , 2004. DRAFTED BY: City of Fridley //, 6431 University Avenue N.E. �/( Fridley, MN 55432 Debra A. Skogen, City Cler :� -. � � (SEAL�` , . � , ';, . �:,� h � �l� s�+ ',` . ' ,, \�r•, f .7, f . . . '��i , f . ..'. • • FRIDLEY CITY COITNCIL MEETING NIlNUTES OF JANUARY 26, 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: - 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAI�NNG A CAANGE IN ZONING DISTRICTS (RFZONING REOUEST, ZOA#03-04,BY RAS PROPERTIESI (WARD 11. Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoni.ng of twelve apartment properties in the 74�' and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of eli.minating spot zoning, the rezoning of church properly from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoni.ng at their meeting on December 17, 2003. Council approved the first readi.ng of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING Al�'D ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE NIINUTES OF THE PLANNING COMNIISSION MEETING OF JAl�'U Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO ?�LLOW LIMITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING � TRICT GENERAI.LY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Burns, City Manager, satt�the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the orage met all nine requirements of the City Code, staff recommended Council's approval "th two stipulations. FRIDLEY CITY COUNCIL MEETING MINUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treahnent systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a buildi permit. 22. The petitioner to provide a tr�c study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out " g the developer's obligation to install utilities, etc., will be prepazed by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work th City staff and the neighbors to come up with a screening plan to provide adequa.te scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' i.n width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AlYIEND, MAYOR LUND, COUNCILMENis R BARNETTE, COUNCILII�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE NIAIN MOTION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEA�IBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FTRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CIT'Y OF FRIDLEY, NIII�NESOTA, BY MAKING A CHANGE IN ZONIl�'G DISTRICT (REZO1vING REQUEST, ZOA #03-04, BY RAS PROPERTIES)(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. 4 � FRIDLEY CITY CQUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 24 MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74�' Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and" after`Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARR�D UNANIMOUSLY. UPON A VOICE VOTE ON T�IE A�IAIN MOTION AS AMEND�ED, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORl\'IATION STATUS REPORTS. Mr. William Burns, City �na.ger, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOLTRNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED TI�E MOTION CARR�D UNANIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor FRIDLEY CITY COUNCIL MEETING MINUTES OF(JANUARY 5,2004 PAGE 14 / Councilmember Bolkcom said she did not understau -it. It was only helping one developer. � Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the azea was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�ame in and asked for half of it, we said sorry, they needed to get the other folks on the block/involved. If the other property owners said no, the developer would have had a dilemma W'hat was requested was consistent with the guide plan. Tha.t was the bigger picture. It was what ttie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be dc�ne with the other two properties. She asked why they were included. If they made it S-2, many gs could be done. Mayor Lund asked the City Attorn if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actua.11y obligated to look at the remaining block and the areas surroundi.ng that to deternune if additional rezo ' g was necessazy as part of the process. VJhen Courts reviewed these decisions, one of the ngs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the market demand was for senior ousing, and what the market would beaz in terms of price for the units. They used a reputable to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Prelixninary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE A'IOTION CARRIED UNANIMOUSLY. 16. CONSIDER.ATION OF A REZONING REQiTEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO FAMILY IJNITS TO R-3 GENERAI� MULTIPLE T.TNITS GENERALLY LOCATED AT 351—74 AVENUE 361 —74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENUE. 450—75 AVENUE AND 476—75 AVENUE (WARD 11. �RIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY S,i2004 PAGE 13 � Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Tr�c in the area was crazy. Mr. Hickok said the first speaker tallced about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls i.n the site plan. Staff was very careful to go ough the site plan. The information they have been provided was that the parki.ng was going to e adequate and the stall dimension proper. Nir. Hickok said there was discussion about Comprehensive Plan and spot zoni.ng. VJith respect to the Comprehensive Plan, anyone wh was at the meetings had an opportl,uuty to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P1an about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared tha.t the project would a11ow up to 10 percent or up to 5 'ts. Th.at would be governed by the body of the association. There was a question about tree and landscaping. Trees when planxed as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoni.ng was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if pazking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the disEretion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoni.ng. � Mr. Hick k said there would be different opinions about what was and was not spot zoning, so what the. relied on was the standard practices of the City and what the City had done historically in m ' g detemzi.nations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COUI�TCIL MEETING NIINUTES OF JANUARY 5.2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, 1VIAYOR LUND DECLARED THE AZOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Sti.nski. He was the owner of 450 and 476 75�` Avenue. He would like to rezone the properties located at 351 —74�' Avenue, 361 —74�'Avenue, 371 — 74�' Avenue, 389—74�' Avenue, 41� — 75�' Avenue, 7400 Lyric Lane, 350 — 75th Avenue, 460 — 75�' Avenue, 450 — 75� Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-confornung uses. The City Code sta.ted that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Faznily, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoni.ng ordina.nce in 1964 dividing the permitted uses of the R-2 zon.i.ng district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-confomiing. Last summer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conform.ing issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the comnussion members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 16 ' Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok sa.id it should be. Councilmember Billings asked the City Attomey how the ordinance should be changed. Attomey Fritz Kn.aak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 1 l. Mr. Hickok said currently, it was R-3,Multi-Family. Councilmember Billi.ngs asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billi.ngs said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the aznount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build somet�ung bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COUl�TCIL MEETING MINLTTES OF JANUARY 5,2004 PAGE 17 , � UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�TIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRIDY,EY MINNESOT BY MAKING A CHANGE IN ZONIlVG DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPNIENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would ha�e to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For VJhom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette sa.id people asked him o r and over again, if he would want this in his back yard. He sa.id he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go a11 the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the CiTy went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more tr�c. So much so, that lus neighborhood becazne very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. e State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o er 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that area. The traffic for the arena went right by his i.ntersection and it became hazder d hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days 1 � ; FRIDLEY CITY COUNCIL NIEETING 11��IINUTES OF JANUARY 5,2004 PAGE 18 ' ` tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1984s, Woodcrest Baptist Church sta�ted a school. They also decided that they wanted a gymnasium in the lower part by the creek nea�the backyard of two of his neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gynuiasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all sumnler long. People should pazk in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morning and return in the aftemoon. Councilmember Barnette said we aze p of a city. He received a telephone call on this particular project from someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods aze not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He d.id not think it was cast in one. It was used though. Another azea that was redeveloped was the azea of Totino High Schoo . It created traffic. Was it a good, positive thi.ng for the community? Yes it was. Traffic patterns 'd change. Buildi.ngs and development changed. That was all part of a developing commvnity. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thing that could go in there? He could not answer that� VJe do l�iow that 'f it was not rezoned, other ttungs could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the residen�s had to say. They continued the public hearing because there were traffic concems. As a City Co�ncil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anyttung they could do to move traffic in that area. The developer made the build one st lower. They looked at pazking and made some changes. Someone could build something else that property. She had a concern about the whole block bei.ng rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro� ss. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAHING 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 subj ect to the stipulations as shown in Attachment 1. SECTION 2. The tract or azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition;and, That part of the east '/2 of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE &southerly e�ctension of west line of Block 1 Osbome Manor,thence south along said extended 161.33 ft,thence east para11e1 with said right-of-way line 270 ft. +or- to Southerly e�ension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or azea to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF Tf�CIT'Y OF FRIDLEY THIS 26�'DAY OF JANUARY,2004. �� SCOTT J. LUND-MAYOR ATTEST: �� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26,2004 Publication: February 5,2004 , . ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# G Q --� ❑ Incorrect/No Reference# Date/Time ,3 �!Z 5/ ��p:�.7 � Non-standard Document DOCUMENT N0. �q b� a� �� ❑ Certified Copy/ A N O�A 1��$�w�],.,•9�i' �1.A Document Order___�of ti fw Li V IVTY PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability � FOR RECORD ONMAR 2 5 2 0 C Y / qT AND WAS DULY RECORDED. F i l i n g F e e s $ �• 4 : 2 7 PM � Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2 O . O O PAID. Copy/Additional Pg Fees $ 2 0 0 4 0 4 9 3 5 6 � Transfer RECEIPT N0. Well Cert Fees $ Division ❑ MAUREEN J.DEVINE ❑ Incomplete Form ❑ Status ANOKACOUN7YPROPER7YTAXAQMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment ❑ New legal Description By PAF � No Legal Description ❑ GAC DEPU7YPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description ❑ Deferred Specials ❑ Part(s)Illegible ,�'No Change . i I1 - 3o- 24- a�- o, ,� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: - _. A rezoning request by making a change in zoning districts, legally described �Apartment 12,\'� Condominium #5 (Unity View Condominiums), subject to easement of record, g�erTerally located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a�-c� day of `y��, , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk � ; ., (SEALj -_:., , � �_� . � , .,.. , , ,.., ,.. � • FRIDLEY CITY COiTNCIL MEETING NIINUTES OF JANUARY 26, 2004 _ PAGE 3 . � APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA. BY MAI�NG A CHANGE IN ZONING DISTRICTS (ILZO1vING REQLTEST, ZOA#03-04,BY RAS PROPERTIES)(WARD 11. Dr. William Bums, City Manager, said the second reading of the ordinance would complete the rezoni.ng of twelve aparhnent properties in the 74�' and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of elimuiating spot zoning, the rezoni.ng of church property from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoni.ng at their meeting on December 17, 2003. Council approved the first readi.ng of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. rrEw BusnvEss: 2. REC THE MINUTES OF THE PLANNING CONIlYIISSION MEETING OF JANLT Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE iTEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LIlVIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Bums, City Manager, satt�the pernut would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the' tora.ge met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. , FRIDLEY CITY COUNCIL MEETING MINUTES OF 3ANUARY 5 2004 PAGE 23 . . 20. Provide proof that any existing wells or individ sewage treatment systems located on the site aze properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a tr�c study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat d by the development including signaliza.tion or other improvements, if determined nece sary by.Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepazed by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequa.te scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26.All drive aisles to be sed for 2-way traffic sha11 be 25' in width. Seconded by CounciUn mber Billings. UPON A VOIC VOTE ON THE MOTION TO AIVIEND, MAYOR LUND, COUNCILMEMs R BARNETTE, COUNCILN�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE n'IAIN n'IOTION AS AMENDED, NIAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BII.LINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FTRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY A'IAKING A CHANGE IN ZONING DISTRICT (REZONING REQUEST, ZOA #03-04, BY R.AS PROPERTIESI(WARD � 1�lOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 24 ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74�'Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strilce "460 — 75�' Avenue:" Strike "450 — 75th Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75�' Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All ofl' before the phrase "Block 1, Melody Manor Addition." Add "; and" after "Block 1,Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TFiE MOTION TO A1��ND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARR�D UNANIII�OUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS AMENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1VIOTION CARRIED UNANII�ZOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City znager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED TI�E MOTION CARRIED UNANIMOUSL TI�E MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott 7. Lund Secretary Mayor , FRIDLEY CITY COUNCIL NIEETING MINUTES OF(JANUARY 5,2004 PAGE 14 . ' l Councilmember Bolkcom said she did not understai -it. It was only helping one developer. � . Mr. Hickok said that bigger than the one developer was what the City had sa.id it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone came in and asked for half of it, we said sorry, they needed to get the other folks on the block�involved. If the other property owners said no, the developer would have had a dilemma. W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2,many gs could be done. Mayor Lund asked the City Attom if it was a legal requirement to rezone the entire block and if it could be separated. Attomey Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particulaz development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the azeas surrounding that to determine if additional rezo ' g was necessary as part of the process. VJhen Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the mazket demand was for senior �ousing, and what the market would beaz in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AZOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REOiTEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE 11NLTIPLE PROPERTIES FROM R-2. TWO FANIILY iJNITS TO R-3 GENERAL MITLTIPLE iJNITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371 —74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENITE,450—75 AVENUE AND 476—75 AVENUE (WARD 11. FRIDLEY CITY COUNCIL MEETING NIIl�TUTES OF JANUARY S,r2004 PAGE 13 � ' Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire ciiy. Traffic in the azea was crazy. Mr. Hickok said the first speaker tallced about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls i.n the site plan. Staff was very careful to go tY�rough the site plan. The information they ha.ve been provided was that the parki.ng was going to e adequate and the sta11 dimension proper. N1r. Hickok said there was discussion about th Comprehensive Plan and spot zoni.ng. VJith respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive Pls.n about what people needed. One of the tYungs that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opporhanity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would a11ow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block, Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoni.ng request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 dishict, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoni.ng. � Mr. Hick�k said there would be different opinions about what was and was not spot zoning, so what the: relied on was the standard practices of the City and what the City had done historically in m ' g determi.nations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COTJl\'CIL MEETING MINUTES OF JANUA.RY 5. 2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LU1�TD DECLARED TFiE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 41� —75th Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�` Avenue, 450 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-confornzing structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market vatue. In no case could a non-confomung use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoni.ng d.istrict. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conformi.ng when the City adopted a new zoning ordinance in 1964 dividing the pernutted uses of the R-2 zoning district. The division d.id not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-confornung. Last sumnler, petitioner applied for a building permit to teaz down the existing gazages and to build new ones. Since the property was non-confornung, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74th Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Family, and aze used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case ba.sis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIBLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 16 � Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description d.id not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok sa.id it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attomey, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Fam.ily. Councilmember Billings asked if they could deseribe the entire tract as all of Block 1, Melody Manor Add.ition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billin.gs said 460—75�'Avenue would be included. Councilmember Bollccom asked if all of the owners signed the agreemen� Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolida.ted. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COiJNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE A'IOTION CARRIED UNANIl�ZOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRID�EY 1VIINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPN�NT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a yeaz ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meeti.ngs, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many azguments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was goi.ng to set a precedent. A person v��ho lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For VJhom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you laiow where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked hun o r and over again, if he would want this i.n his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more tr�c. So much so, that his neighborhood became very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. '�he State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of properiy taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that area. The traffic for the arena went right by his intersection and it became harder d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that azea said if they built there,the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days 1 � FRIDLEY CITY COUNCIL NIEETING MINUTES OF JAl\'UARY 5,2004 PAGE 18 � • touxnament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�ted a school. They also decided that they wanted a gyinnasium in the lower part by the creek near�the backyard of two of his neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gynznasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morning and retum in the afternoon. Councilmember Barnette said we aze p of a city. He received a telephone call on this particular project frorn someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic pattems �d change. Buildi.ngs and development changed. That was all part of a developi.ng community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thing that could go in there? He could not answer tha.t VJe do know that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to � at people have said. He was not saying that he knew what was bes� He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Cou.ncilmember Bolkcom said Council did listen to what the residen�s had to say. They continued the public hearing because there were traffic concems. As a City Cou�ncil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anything they could do to move traffic i.n that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo �ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro�ess. Some significant changes were made to the project as a result. People were heazd. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZOrTING 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: All of Block 1, Melody Manor Addition;and, That part of the east '/z of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly e7ctension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east para11e1 with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning ma.p to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J. LUND-MAYOR ATTEST: �� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26,2004 Publication: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# � 'rj� i [� Incorrect/No Reference# Date/Time � (0;� ❑ Non-standard Document ❑ Certified CopyJ DOCUMENT N0. 19 0 8 210 . 0 ABSTRACT DocumentOrder /ot / ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OfFICE Recordability FOR RECORD ON Filing Fees AT MAR 2 5 2 0 0 4 AND WAS DULY RECORDED. $ ad.� 4 • 2 7 PM � FEES AND fiAXES IN THE AMOUNT OF $2 O . O O PAID. Copy/Additional Pg Fees $ Tax Lien/Release Well Cert Fees ❑ Transfer RECE�PT No.2 0 0 4 0 4 9 3 5 3 $ MAUREEN J.DEVINE ❑ Division ❑ Incomplete Form � Status ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment [] New legal Description BY pAF ❑ No Legal Description � GAC DEPUIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Non-existent Legal Description � Deferred Specials F� ❑ Part(s)Illegible �o Change f � a ? STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26`h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 13, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a�d day of `�'Yl�-�-c.� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. kogen, City Clerk � ; - �, � (SEA!J _; . , � � ; . :. . FRIDLEY CITY COUNCIL N�ETING MINUTES OF JANUARY 5 2004 PAGE 24 MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75th Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75th Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block l, Melody Manor Addition." Add "All of' before the phrase "Block l, Melody Manor Addition." Add "; and" after "Block 1,Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO Al�'IEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, UPON A VOICE VOTE ON THE MAIN MOTION AS Al�'IENBED, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFOR14�4TION STATUS REPORTS. Mr. VJilliam Burns, City an oer, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeti.ng. Seconded by Councilmember VJolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LLTND DECLARED TI�E MOTION CARRIED UNANih'IOUSL TI3E MEETING WAS ADJOURNED• Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor � • FRIDLEY CITY COUNCIL MEETING MINUTES OFrJANUARY 5, 2004 PAGE 14 . : / Councilmember Bolkcom said she did not understati �it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the azea was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Centra.l to mid-block. When someone came in and asked for half of it, we said sorry, they needed to get the other folks on the blocic/involved. If the other property owners said no, the developer would have had a dilemma W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2,many tiv.ngs could be done. Mayor Lund asked the City Attorn�y if it wa.s a legal requirement to rezone the entire block and if it could be separated. Attomey Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to deterrnine if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the si.n.gle site for redevelopment and determine, based on e Comprehensive Plan, v��hether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the mazket demand was for senior �ousing, and what the market would beaz in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTTPLE PROPERTIES FROM R-2. TWO FAMILY TJNITS TO R-3 GENERAL MiJLTIPLE iJNITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENLTE 460—75 AVENUE, 450—75 AVENiTE A1�TD 476—75 AVENiTE (WARD 11. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5�2004 PAGE 13 � � Ms. Olson said it was not only creating a precedent for the nei borhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used.. Seniors aze getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Sta.ff was very careful to go tlxough the site plan. The information they have been provided was that the parking was going to e adequate and the stall dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opporhmity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be i.nterested in it It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive Pl.an about what people needed. One of the things tha.t was clearly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opporhuiity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would a11ow up to 10 percent or up to 5 'ts. That would be govemed by the body of the association. There was a question about tree and landscaping. Trees when planted a.s part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dazd zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken pla.ce. It was exp ' ed to ]um how spot zoning worked and what the standazd practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if pazking stalls were normally 9 feet wide. Mr. Hickok said ' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the di retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d tum-over in a senior complex like tlus was proven to be low. Councilme ber Bolkcom asked about spot zoning. � Mr. Hick�k said there would be different opinions about what was and was not spot zoning, so what the: relied on was the standard practices of the City and what the City had done historically in m ' g determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COiJNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 15 . � MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, 11'IAYOR LUND DECLA.RED THE AZOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 — 74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 415 —75�' Avenue, 7400 Lyric Lane, 350 — 75�` Avenue, 460 — 75�' Avenue, 450 — 75� Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obta,ined signatures from a11 of them. There was a church located in the azea, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforining uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than SO percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-confornzing use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoni.ng district. Multi-family was still a pemutted use in the R-2 distxict. The subject properties became non-conforming when the City adopted a new zoni.ng ordinance in 1964 dividing the permitted. uses of the R-2 zoning distric� The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-confomung. Last sunvner, petitioner applied for a building permit to teaz down the existing garages and to build new ones. Since the properiy was non-confornung, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conform.ing issue would be to rezone the properry to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Family, and aze used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to in.itiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staffrecommended Council's approval of this request. FRIDLEY CITY COiTNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 16 ' � Councilmember Billings asked about Outlot#1 neaz 460— 75�' Avenue and if it was owned by the church. Ivlr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attomey Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoni.ng was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block l, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate a11 of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and i.n order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Bamette. - FRIDLEY CITY COiJ1�TCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 . ► UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANII�ZOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRID�LEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a yeaz ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoni.ng that the bases were cov ed. He attended the Planning Comiriission meeti.ngs, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many azguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For VJhom the Bell Tolls:' When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over agai.n, if he would want this i.n his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado lut in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. e Sta.te paid for SO%, the County 25% and the residents on either side of 69�' Avenue paid the o er 25% out of properry taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that area. The traffic for the azena went right by his intersection and it became harder d hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. T'his last sumnler he was watching some softball g es during the `49er Days 1 \ FRIDLEY CITY COUNCIL MEETING 11�NUTES OF JANUARY 5,2004 PAGE 18 � � touxnament and the same n�ighbors were there. One neighbor told hi.m he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�ked a school. They also decided that they wanted a gymnasium in the lower part by the creek nea�the backyard of two of his neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided tha.t they wanted a City occer field. They said a good place for the soccer field was in Locke Pazk. The soccer prograrn runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morni.ng and retUrn in the afternoon. Councilmember Bamette said we are p of a city. He received a telephone call on this particular project from someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods aze not islands unto themsel es. They axe part of a city. Things do change. VJe are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. Was it a good, positive ttiing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thing that could go in there? He could not answer that VJe do l�ow that 'f it was not rezoned, other thi.ngs could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that property. He listened to at people have said. He was not saying tha.t he knew what was best He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside�s had to say. They continued the public hearing because there were traffic concems. As a City Co�ncil, they needed to look at wha.t they were going to do. There v��as a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was an}�ung they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concem about the whole block being rezoned, but they did have an oppo 'ty to watch the other azea. Councilmember Billings thanked the neighbors for being involved in the pro�ess. Some significant changes were made to the project as a result. People were heard. > ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAHING A CHANGE IN ZO�NG DISTRICTS The Council of the City of Fridley does orda.in as follows: SECTION l. 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1,Melody Manor Addition; and, That part of the east '/2 of the northwest %,of Section 11,Township 30,Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly e�ctension of west line of Block 1 Osbome Manor,thence south along said extended 161.33 ft,thence east para11e1 with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beD nning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning ma.p to show said tract or azea to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Faznily Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TT�CTTY COUNCIL OF THE CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. -��"��"�. SCOTT J. LUND-MAYOR ATI'EST: /�`"�� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5, 2004 1 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# i ❑ Incorrect/No Reference# 3�� / /�� Non-standard Document Date�fime � Certified Copy/ DOCUMENT N0. Document Order of 19 0 8 2 0 9 . G ABSTRACT � ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability � FOR RECORD ON�R 2 5 2 0 0 4 p�/ AT � AND WAS DULY RECORDED. Filing Fees $ q. �7 F ( PAID. � Tax Lien/Release FEES AN6��S IN TNEAMOUNT OF $2 Q , 0 0 Copy/Additional Pg Fees $ � Transfer RECEIPT N0.2 O O 4 O 4 9 3 51 Well Cert Fees $ � Division MAUREEN J.DEVINE � Incomplete Form ❑ Status ANOKACOUNTYPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment ❑ New legal Description � No Legal Description ❑ GAC By DEPUIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description ❑ Deferred Specials � Part(s)Illegible ��7o Change � J Il-�o- a� - zy-- 012� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 14, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75`h Avenue NE. IT IS ORDERED that a rezoning be granted as upon the foliowing conditions or reasons: Approval with no stipulations. See City Council meeting minutes of January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE ClTY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Cierk 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 av✓� day of �'{'7'?�c�.c..� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk ,y� .� � ��', � - � '�-� � .. (S�EAZ)_ : E�� • , - , :s.r.� , �� > , . , +y ; ;�-' ' � ,� .... _ FRTDLEY CITY COUNCIL MEETING MINUTES OF JAl�'UARY 26 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. . OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO A1V�ND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (RF_ZOI�TING REQITEST, ZOA#03-04,BY R.AS PROPERTIESI (WA.RD 1 • Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoni.ng also included, for purposes of eliminating spot zoning, the rezoning of church property from R-1 to R-3. The rezoning corrected non- conforming use status for a11 of the apartment properties tha.t occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordi.nance at its meeting on January 5, 2004. Staff recommended Council's approval. wAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING COMl�'IISSION MEETING OF JANCT Y 7 2004. RECEIVED. 3. SPECIAL USE PE T RE LTEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LINIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZOl�TING � TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31• Dr. William Bums, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain e�sting enclosed storage of construction equipment behind their building. Since the' torage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY S,i2004 PAGE 13 Ms. Olson said it was not only creating a precedent for the nei borhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go th�ough the site plan. The information they have been provided was that the parking was going to e adequate and the stall dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opporturiity to speak and be involved in the process. He wa encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P1an about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the proj ect would a11ow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with s dard zoning practices used in the past. Mr. Hickok said there was concem about the development across the street and City staff sending someone out to buy prope . A gentleman came in and was interested in rezoning the north end of the block. Staff aske kim to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the disEretion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoning. � • t what was and was not s ot zoning, so Mr. Hick k said there would be different opinions abou P what the: relied on was the standard practices of the City and what the City had done historically in maki g deternunations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. .FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 3S1 —74�'Avenue, 361 —74�'Avenue, 371 — 74�' Avenue, 389—74th Avenue, 415 —75th Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75th Avenue and 476 — 75th Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from a11 of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-confornung use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordina.nce in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to teaz down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Family, and are used to house multi-fanuly buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in confonnance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 16 ' ' Councilmember Billings asked about Outlot#1 near 460— 75th Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #l. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as a11 of Block l, Melody Manor Addition. Mr. Hickok sa.id they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75th Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr.Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Pazking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. • .FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 . . UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDY.EY MINNESOTA BY MAHING A CHANGE IN ZONING DISTRICTS ONING RE LTEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a yeaz ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was i high school he wrote a book report on a book by Emest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tomado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more tr�c. So much so, that his neighborhood became very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. e State paid for 50%, the County 25% and the residents on either side of 69th Avenue paid the o her 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that area. The traffic for the arena went right by his intersection and it became harder aiad hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that azea said if they built there, the would move. The City built the complex. This last summer he was watching some softball g�xnes during the `49er Days i � , � FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 18 ' ` tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church s ed a school. They also decided that they wanted a gymnasium in the lower part by the creek ne the backyaxd of two of his neighbors. His neighbors told him that if they let them build that they ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w s there and trucks go out in the morning and re�t�.un in the afternoon. Councilmember Barnette said we aze p of a city. He received a telephone call on this particular project from someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They aze part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in s one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thing that could go in there? He could not answer that. We do l�ow that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that property. He listened to at people have said. He was not saying that he knew what was best. He believed Council was ch ged with making decisions. We had a representative government, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Comrnissioner Jim Kordiak to see i ere was anything they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo 'ty to watch the other azea. Councilmember Billings thanked the neighbors for being involved in the pro�ess. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAHING A CHANGE IN ZOIVING 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 subj ect to the stipulations as shown in Attachment 1. SECTION 2. The tract or azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east '/2 of the northwest '/4 of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east para11e1 with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of begiiuiing, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or azea.to be rezoned from Zoned District R-I (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CITY COUNCIL OF THE CTl'Y OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J. LUND-MAYOR ATTEST: �� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: 7anuary 5,2004 Second Reading: January 26,2004 Publica.tion: February 5, 2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# � 3 �j � ❑ Incorrect/No Reference# Date/Time � �0.�-� � Non-standard Document /of ❑ Certified Copy/ DOCUMENT N0. 19 0 8 2 0 0 . 0 ABSTRACT Document Order PINs �_ ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability _,� n� y� OR RECORD ON MAR 2 5 2 0 0 4 Filing Fees � f�V 4 : 2 7 PM AND WAS DULY RECORDED. � Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2 0 . 0 O PAID. Copy/Additional Pg Fees $ � Transfer 2004049323 Well Cert Fees $ � Division RECEIPT N0. � Incomplete Form ❑ Status MAUREEN J.DEVINE New le al Descri tion ANOKACOUN7YPROPERIYTAXADMINISTRATOR/RECORDER/RE6ISTRAROFTITLES � Missing Attachment ❑ g p PAF � No Legal Description ❑ GAC BY � Non-existent Legal Description ❑ Deferred Specials DEPUIYPROPERIYTAXADMINISTRATOR/RECORDER/RE6ISTRAR OFTITLES ❑ Part(s)Illegible o Change � . , �j��vo - a� -�� 12Z- STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26'h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 15, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75'h Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) � . r 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 o�3�� day of N1.�-� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. k.. Fridley, MN 55432 Debra A. Skogen, City Clerk ;ti<;T`�`� ' _ . ,, •'� �� (SEI�L)��_ t .�; . _ � � . . . , . , �%�,;� ... � °��' �, • ' FRIDLEY CITY COUNCIL MEETING �UTES OF JANiTARY 26,2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE_C_ITY CODE OF THE CITY OF FRIDLEY, MINNESOTA. BY MAI�NG A C�iANGE IN ZONING DISTRICTS (RFZONING REQUEST, ZOA#03-04,BY RAS PROPERTIES)(WARD 11. Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74`� and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of eli.minati.ng spot zoning, the rezoning of church property from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Plann.ing Conzmission approved this rezoni.ng at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING Al\'D ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING COMIYIISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP �03-22 BY PROFORM THERMAL SYSTEMS INC. TO �LLOW LINIITED OUTDOOR STOR.AGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Bums, City Manager, s the pemut would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the' torage met all n.ine requirements of the City Code,staff recommended Council's approval 'th two stipulations. , , FRIDLEY CITY COUNCIL MEETING MINUTES OF 3ANUARY 5 2004 PAGE 23 . , 20. Provide proof that any existing wells or individ sewage treahnent systems located on the site aze properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat d by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepazed by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOI VOTE ON THE MOTION TO AlYIEND, MAYOR LUND, COUNCILMEII�B R BARNETTE, COUNCILr�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN MOTION AS A11�NDED, NIAYOR LUND, COUNCIL 'IBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCIL NIBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF T�iE CITY OF FRIDLEY, n'IINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REOUEST, ZOA #03-04, BY R.AS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. r , FRIDLEY CITY CQUNCIL h�ETING NIINUTES OF JANUARY 5,2004 PAGE 24 MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74�'Avenue: Lot 10, Block l, Melody Manor Addition" and ending with "350 — 75th Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot l, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block l, Melody Manor Addition." Add "; and"after "Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TI�E MOTION TO AIVIEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARR�D UNA1vIMOUSLY. UPON A VOICE VOTE ON TI�E MAIN MOTION AS AIVIENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1V�OTION CARRIED UNAIVIMOUSLY. 19. INFORMATION STATUS REPQRTS. Mr. VJilliam Burns, City ana.ger, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOLTRNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOIC`E VOTE, ALL TING AYE, MAYOR LUND DECLARED TI�E MOTION CARRIED UNANIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor . FRIDLEY CITY COUNCIL MEETING MINUTES OF'JANUARY 5,2004 PAGE 14 . 1 Councilmember Bolkcom said she did not understai ;it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�ame in and asked for half of it, we said sorry, they needed to get the other folks on the block/involved. If the other property owners said no, the developer would have had a dilemma. W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie Ciiy said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2, many things could be done. Mayor Lund asked the City Attorn�y if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particulaz development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determi.ne the demographics for the area, what the market demand was for senior �ousing, and what the market would bear in terms of price for the units. They used a reputable �imz to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Baznette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 16. CONSIDERATION OF A REZONING REOUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MiJLTIPLE PROPERTIES FROM R-2, TWO FAMILY LJNITS TO R-3 GENERAL MiTLTIPLE LTNITS GENER.ALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENiTE 371 —74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENLTE 460—75 AVENiTE, 450—75 AVENITE A.1�'D 476—75 AVENUE (WARD 11. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY Sr2004 PAGE 13 Ms. Olson said it was not only creating a precedent for the nei 'borhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very cazeful to go ough the site plan. The information they have been provided was that the parking was going to e adequate and the sta11 dimension proper. NIr. Hickok said there was discussion about Comprehensive Plan and spot zoni.ng. VJith respect to the Comprehensive Pla.n, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in i� It was unportant to understand that beyond the people who w e passiona.te about this issue, there were other voices who put words i.nto the Comprehensive P1an about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeazed that the project would a11ow up to 10 percent or up to 5 'ts. That would be govemed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees i.n the landscape plan. The zoning was consistent with dazd zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came i.n and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the d.iscussions that had taken place. It was exp ' ed to him how spot zoning worked and wha.t the standard practices had been an.d what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if pazking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoni.ng. � Mr. Hick k sa.id there would be different opin.ions about what was and was not spot zoning, so what the. relied on was the standazd practices of the City and what the City had done historically in m ' g detemunations about what was and was not an appropriate zoni.ng demarcation. Ha1f the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 15 . , MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bollccom. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LU1�TD DECLARED TI�E MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Sti.nski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 41 S —75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 4�0 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Fanuly to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforn�ing uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair mazket value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-confornung use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoni.ng district. Multi-family was still a pemutted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family us�s in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-confornung. Last summer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the properiy was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conform.ing issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there axe at least 50 apartment units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's cutrent land use map and 2020 future land use map designated this area as a multi-family azea. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 16 � � Councilmember Billings asked about Outlot#1 neaz 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description d.id not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordina.nce should be changed. Attomey Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billi.ngs asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billi.ngs said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Baznette. FRIDLEY CITY COiJNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 . , UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRID�EY MINNESOTA BY MAHING A CHANGE IN ZONIlVG DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPNIENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Bamette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoni.ng that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person v��ho lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemi.ngway, "For Whom the Bell Tolls:' When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this i.n his back yard. He said he and his wife had lived in Fridl y si.nce 1958. His first house was on Jackson Street When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. '�he State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of properiy taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that azea. The traffic for the arena went right by his intersection and it became harder d hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that azea said if they built there,the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days 1 � ' FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5, 2004 PAGE 18 ` • tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church s ed a school. They also decided that they wanted a gyinnasium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they ould have to move. Did the gynlnasium help the school and the kids? Yes. Those two neighb s are still there and aze good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program nins all summer long. People should pazk in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morn.i.ng and return in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone ca11 on this particulaz project from someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They aze part of a city. Thi.ngs do change. We are a changing community We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the azea of Totino High Schoo . It created traffic. DJas it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thing that could go in there? He could not answer that VJe do know that 'f it was not rezoned, other thi.ngs could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew wha.t was bes� He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anS�thi.ng they could do to move traffic in that area. The developer made the build one st lower. They looked at pazking and made some changes. Someone could build something else that property. She had a concem about the whole block being rezoned, but they did have an oppo �ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro� ss. Some significant changes were made to the project as a result. People were heard. , _ . . ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1,Melody Manor Addition; and, That part of the east '/2 of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75�' . Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft.+or- to Southerly e�ctension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). 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 R-1 (Single Family), and R-2(Two Fanuly Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CITY COUNCIL OF TI�CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J. LUND-MAYOR ATTEST: �� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5, 2004 ' . ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. AB TRACT Receipt# �/ �b, ' ❑ �ncorrect/No Reference# �� ,2�j ❑ Non-standard Document Date/Time /��' DOCUMENTNO. ❑ Certified Copy/ 19 0 8 2 01 . 0 ABSTRACT DocumentOrder of ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFfICE Recordability FOR RECORD ON MAR 2 5 2 0 0 4 Filing Fees $ � AT 4 : 2� pM AND WAS DULY RECORDED. Copy/Additional Pg Fees $ ❑ Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2 O . O O PA�� ❑ Transfer RECEIPT N0.2 O O 4 O 4 9 3 2 H Well Cert Fees $ � Division MAUREENJ.DEVINE ❑ Incomplete Form � Status ANOKACOUNIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment � New legal Description gy PAF ❑ No Legal Description � GAC DEPUIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Non-existent Legal Description � Deferred Specials ❑ Part(s)Illegible �No Change . y ��'v�o -.�� -o?�' a/�-� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26`h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 16, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75`h Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 o2�+,� day of f'Y1G�. , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E Fridley, MN 55432 Debra A. Skogen, City CI k 4F�? (SEF�L) ��, . � + ^ � +- �� ` . • f, , � `� r'. . . . A��•+„ �, • � . . . . . t .• .... � . � 'FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 26, 2004 _ PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO A11�ND THE CITY CODE OF THE CITY OF FRIDLEY. NIINNESOTA, BY MAHING A CHANGE IN ZONING DISTRICTS (RFZOI�ING REQUEST, ZOA#03-04,BY R.AS PROPERTIESI (WARD 11. Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of elimuiating spot zoning, the rezoni.ng of church property from R-1 to R-3. The rezoning corrected non- conforming use status for all of the apartrnent properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. r�w BusnvEss: 2. REC THE MINUTES OF THE PLANNING CONIlVIISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE iTEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO �I.LOW LINIITED OUTDOOR STOR.AGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. � . Dr. William Bums, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the' torage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. • • FRIDLEY CITY COUNCIL MEETING MINUTES OF.�ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin pemut application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat d by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by CounciUn mber Billings. UPON A VOIC VOTE ON THE MOTION TO AMEND, MAYOR LUND, COUNCILMEM= R BARNETTE, COUNCILl�'IEMBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN 11'IOTION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRIDLEY, MIN�NESOTA, BY 11'IAKING A CHANGE IN ZONING DISTRICT (REZONING REQUEST. ZOA #03-04, BY RAS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY CQLTNCIL MEETING MII�TUTES OF JANUARY 5,2004 PAGE 24 ' ' MOTION by Councilmember Billings to amend the first rea.ding of the ordinance and change the ordinance as follows: Under Section 2, stri.ke certai.n langua.ge starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75th Avenue:" Strike "450 — 75th Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block l, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; a.nd" after"Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TFiE MOTION TO AlVIEND, ALL VOTING AYE, MAYOR LTJND DECLARED THE MOTION CARR�D UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS A11'IENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1VIOTION CARRIED UNANIMOUSLY. 19. INFORh�IATION STATUS REPORTS. Mr. VJilliam Burns, City ana.ger, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOL��2NMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED THE MOTION CAR�D UNANIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor • • FRIDLEY CITY COUNCIL MEETING MINUTES OF�JANLJARY 5,2004 PAGE 14 , . � Councilmember Bolkcom said she did not understaY �it. It was only helping one developer. � . Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�me in and asked for half of it, we said sorry, they needed to get the other folks on the blocic/involved. If the other property owners said no, the developer would have had a dilemma. W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what t�ie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be dc�ne with the other two properties. She asked v�=hy they were included. If they made it S-2, many gs could be done. Mayor Lund asked the City Attorn if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particulaz development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the area.s surrounding that to deternzine if additional rezo ' g was necessazy as part of the process. VJhen Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determi.ne the demographics for the area, what the market demand was for senior �ousing, and what the market would bear in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�TIMOUSLY. 16. CONSIDERATION OF A REZONING REOUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2. TWO FAMILY i1NITS TO R-3 GENER.AL MULTIPLE U1vITS GENERALLY LOCATED AT 351 —74 AVENUE 361—74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LA.NE 350 — 75 AVENUE 460—75 AVENUE,450—75 AVENITE AND 476—75 AVENUE (WARD 11. FRIDLEY CITY COUNCII.MEETING MINUTES OF JANUARY S,i2Q04 PAGE 13 � � Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Tr�c in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go ough the site plan. The information they have been provided was that the parking was going t e adequate and the stall dimension proper. Mr. Hickok said there was discussion about th- Comprehensive Plan and spot zoning. VJith respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeazed that the project would atlow up to 10 percent or up to 5 "ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees i.n the landscape plan. The zon.i.ng was consistent with dazd zoning practices used in the past. Mr. Hickok said there was concem about the development across the street and City staf�'sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken pla.ce. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said ' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the di retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point. Turn-over was an issue, d ttun-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoning. � Mr. Hick�k said there would be different opinions about what was and was not spot zoning, so what the. relied on was the standazd practices of the City and what the City had done historically in m ' g determi.nations about what was and was not an appropriate zoni.ng demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COUI�TCIL MEETING NIlNUTES OF JANUARY 5,2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 41� —75th Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�` Avenue, 450 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structute. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a pemzitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the pernutted uses of the R-2 zoning district. The division d.id not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-confornung. Last summer, petitioner applied for a building permit to teaz down the existing garages and to build new ones. Since the properiy was non-confornung, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conform.ing issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there aze at least 50 apartment units in the City that are zoned R-2, Two Family, and aze used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoni.ng was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family azea. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUl\TCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 16 ' Councilmember Billings asked about Outlot#1 neaz 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilxnember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attomey, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Bi11i.n.gs asked if they could describe the entire tract as a11 of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of buildi.ng you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolida.ted. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. . FRIDLEY CITY COiTNCIL MEETING MINUTES OF JANUA.RY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANI1120USLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRID�EY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a yeaz ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived neaz the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Ernest Hemingway, "For VJhom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the ti�le came from a English philosopher by the name of hn Dunn. Councilmember Baznette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City gazage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happeni.ng in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more tr�c. So much so, that his neighborhood became very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �e State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o`ther 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce azena in that azea. The traffic for the arena went right by his intersection and it became harder d hazder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that azea said if they built there, the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days ` \ FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 18 - - tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the pazk. In the 1980s, Woodcrest Baptist Church sta�. ted a school. They also decided that they wanted a gyrnnasium in the lower part by the creek nea�the backyard of two of his neighbors. His neighbors told him that if they let them build that they �vould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field wa.s in Locke Park. The soccer prograrn runs all surnmer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the moming and retum in the afternoon. Councilmember Bamette said we are p of a city. He received a telephone ca11 on this particular project from someone who lived i.n H er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. Was it a good, positive ttung for the community? Yes it was. Traffic patterns 'd change. Buildin.gs and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thing that could go i.n there? He could not answer tha� We do know that 'f it was not rezoned, other thuigs could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew what was bes� He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on OI Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anSrthing theY could do to move traffic in that area. The developer made the build one st lower. They looked at pazking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro�ess. Some significant changes were made to the project as a result. People were heazd. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZOIVING 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: All of Block 1, Melody Manor Addition; and, That part of the east '/z of the northwest '/,of Section 11,Township 30,Range 24 described as following:beginning at the intersection of south right-of-way line of 75�' Avenue NE&southerly extension of west line of Block 1 Osbome Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). SECT'ION 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 R-1 (Single Family), and R-2(Two Fanuly Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY T'I�CIT'Y COUNCIL OF THE CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J. LUND—MAYOR ATTEST: �� DEBRA A. SKOGEN—C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. AB TRACT Receipt# ��330 / ❑ Incorrect/No Reference# �,z� , ❑ Non-standard Document DOCUMENT N0. 19 0 8 2 0 2 . 0 ABSTRACT Date/Time � � Certified Copy/ DocumentOrder /of ANOKA COUNTY MINNESOT I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE PINs FOR RECORD ON �R 2 5 2 O O 4 Recordability _� qT 4 : 2� pM AND WAS DULY RECORDED. �b�/ FEES AND TAXES IN THE AMOUNT OF $2 O . O O PAID. Filing Fees $ 2 0 04 04 9 3 3 0 � Tax Lien/Release RECEIPT N0. Copy/Additional Pg Fees $ � Transfer MAUREEN J.DEVINE WeII Cert Fees $ � Division ANOKACOUNTYPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAROFTlTLES � Incomplete Form ❑ Status pAF � Missing Attachment ❑ New legal Description By DEPUIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � No Legal Description � GAC F� � Non-existent Legal Description ❑ Deferred Specials ❑ Part(s)Illegible o Change • c • I�-3o- ��a�- or2� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 17, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a�.d day of `�'pG�c.g , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk - (S E.AL�. c.�. , ` . ' �J ' • , . �t .- � ' ' , ��J ,�, ... a •' " - �FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANiJARY 26, 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO A11�ND THE CITY CODE OF THE CITY OF FRIDLEY. NIINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS �F.7,f►NTN(�RF,nTTEST. 7�A#03-04.BY RAS PROPERTIESI (WARD il. Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of eliminating spot zoning, the rezoni.ng of church properry from R-1 to R-3. The rezoIIing corrected non- conforming use status for all of the apartment properties tha.t occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WANED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE NIINU'TES OF THE PLANNING CONIlVIISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THER11�Ai, SYSTEMS INC. TO LOW LINIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. � . Dr. William Burns, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tai.n existing enclosed storage of construction equipment behind their building. Since the orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. . . FRIDLEY CITY COUNCIL MEETING MINUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a traffic study t is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic unprovements necessary to accommodate the traffic generat d by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic sha11 be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AlYIEND, MAYOR LUND, COUNCILMENI� R BARNETTE, COUNCILII�MBER BILLINGS AND COUNCII.MEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN 1120TION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BII.LINGS AND COUNCIL NIBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRIDLEY, M11V1�TESOTA, BY NIAHING A CHANGE IN ZONING DISTRICT (REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COiTNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 24 � MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certai.n language starting at "351 —74�' Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block l, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; a.nd"after "Block l, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON T�IE n�IAIN MOTION AS AMENBED, ALL VOTING AYE, MAYQR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City uiager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNl�'IENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. iTPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED T�E MOTION CARRIED UNAIVIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor • FRIDLEY CITY COUNCIL MEETING MINUTES OF'JANUARY 5,2004 PAGE 14 / Councilmember Bolkcom said she did not understaz ;it. It was only helping one developer. � Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the azea was developed, the City envisioned it would g�o from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�a.me in and asked for half of it, we said sorry, they needed to get the other folks on the block/involved. If the other property owners said no, the developer would have had a dilemma. W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2, many t�ungs could be done. Mayor Lund asked the City Attom�'y if it was a legal requirement to rezone the entire block and if it could be separated. Attomey Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezo ' g was necessary as part of the process. VJhen Courts reviewed these decisions, one of the ngs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the azea, what the market demand was for senior �ousing, and what the market would beaz in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE nNLTIPLE PROPERTIES FROM R-2. TWO FAMILY iJNITS TO R-3 GENERAL MULTIPLE iJNITS GENER.ALLY LOCATED AT 351—74 AVENUE 361—74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVEN[JE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENiTE, 450—75 AVENiTE AND 476—75 AVENUE (WARD 1). FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5�2004 PAGE 13 Ms. Olson sa.id it was not only creating a precedent for the nei borhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data.on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go th�ough the site plan. The information they have been provided was that the parki.ng was going t e adequate and the sta11 dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. VJith respect to the Comprehensive Plan, anyone wh was at the meeti.ngs had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it It was important to understand tha.t beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the things that was clearly described a.nd articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opporhinity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the proj ect would a11ow up to 10 percent or up to 5 'ts. That would be govemed by the body of the association. There wa.s a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block, Staff aske Li.m to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoni.ng request. They had not received a formal development proposal. Councilmember Bo com asked if pazking stalls were normally 9 feet wide. Mr. Hickok said�" residential projects it was not uncommon to see a 9-foot pazking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoni.ng. � Mr. Hick�k said there would be di.fferent opinions about what was and was not spot zoning, so what the: relied on was the standard practices of the City and what the City had done historically in m ' g determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. , . FRIDLEY CITY COUI�TCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�' Avenue, 371 —74�' Avenue, 389—74th Avenue, 41� —75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75th Avenue from R-1, Single Family, and R-2, Two Fa.mily to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforn�ing uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair mazket value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok sa.id in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properkies became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the pemutted uses of the R-2 zoni.ng district. The division did not allow multi-family uses in the R-2 zoning district, and made the e�sting multi-faznily buildings in the R-2 district pre-existing and non-confornung. Last summer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the properiy was non-conforming, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Fanuly, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indica.ted that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area a.s a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Cornmission considered this request and reconunended approval. Staffrecommended Council's approval of this request. FRIBLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5, 2004 PAGE 16 � ' Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok sa.id it was. Councilmember Billings said in the ordinance the legal description d.id not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok sa.id it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attomey, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billi.ngs asked what the zoning was on Lot 1 l. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok sa.id they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of build.ing you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Bamette. FRIDLEY CITY COUI�TCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIlVIOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRID�EY MINNESOTA BY MAHING A CHANGE IN ZONING DISTRICTS NING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPNIENT A.RD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meeti.ngs, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bri.ng commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood becazne very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �he State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that azea. The traffic for the arena went right by his intersection a.nd it became harder � d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that azea said if they built there,the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days ` � FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 18 - ' tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�ted a school. They also decided that they wanted a gyrn.nasium in the lower part by the creek ne the backyazd of two of his neighbors. His neighbors told him that if they let them build that they�ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s aze still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morning and retum in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone ca11 on this particular project frorn someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not i.n my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods aze not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We aze in a r evelopment mode. The Comprehensive Plan was mentioned. He did not thinlc it was cast in one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. VJas it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildings aud development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thi.ng that could go in there? He could not answer that We do l�iow that 'f it was not rezoned, other things could go there. People have said to leave it alone. T'he wor was out that the property was for sale. Somebody would develop that property. He listened to at people have said. He was not saying that he knew what was bes� He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on OI Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anythi.ng they could do to move traffic in that azea. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned., but they did have an oppo �ty to watch the other area. Councilmember Billi.ngs thanked the neighbors for being involved in the pro� ss. Some significant changes were made to the project as a result People were heazd. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZOIVING 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east '/2 of the northwest '/<of Section 11,Township 30,Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly e�rtension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block l,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning ma.p to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CITY COUNCIL OF Tf�CITY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J.LUND—MAYOR ATTEST: /�`-�� DEBRA A. SKOGEN—C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Rea.ding: January 26,2004 Publica.tion: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# ��lJ ��. � ❑ Incorrect/No Reference# ��5 /� � �n � Non-standard Document DOCUMENT N0. �� b� ��3� � Abs f�a=� Date/Time / � Certified Copy/ n.��TA DocumentOrder__�of ANOKA'�� PINs � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability _� FOR RECORD ON AT P'i'AR �5 2 O O-� AND WAS DULY RECORDED. Filing Fees $ � a �� PT� PAID. � Tax Lien/Release FEES AND T IN AMOUNT OF $2� , 0 0 Copy/Additional Pg Fees $ � Transfer 2 0 0 4 0 4 9 3 3 3 Well Cert Fees $ RECEIPT N0. � Division MAUREEN J.DEVINE � Incomplete Form ❑ Status ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment ❑ New legal Description BY ❑ No Legal Description ❑ GAC DEPU7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description ❑ Deferred Specials � Part(s)Illegible ,�No Change . � � � �/� �O-oZ�- .�5�-D/.2� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26`h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 18, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75�h Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 �.� day of `� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, ity Cle , i • .�"� (SEA�) .:' � � � �. - � � ' - � . �f, � _ . . . • �'RIDLEY CITY COUNCIL MEETING NIlNUTES OF JANUARY 26, 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2403 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. NIINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS (�7,fI1�TTN(:RF.nTJFST. 7,9A#03-04,BY RAS PROPERTIESI (WARD il. Dr. William Bums, City Manager, said the second read.ing of the ordinan.ce would complete the rezoning of twelve apartment properties in the 74�' and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of elimi.nating spot zoning, the rezoning of church property from R-1 to R-3. The rezoni.ng corrected non- conforrning use status for all of the apartment properties tha.t occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED T'HE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING CONIl1'IISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO �LLOW LIlVIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING � TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Bums, City Manager, sat�the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to mai�tain existing enclosed storage of construction equipment behind their building. Since the�torage met all n.ine requirements of the City Code, staff recommended Council's approval 'th two stipulations. FRIDLEY CITY COUNCIL MEETING MINUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site aze properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a tr�c study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat d by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepazed by the City and shall e signed by the Petitioner prior to fmal plat approval. 25. The petitioner shall work th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO AMEND, MAYOR LUND, COUNCILMENi= R BARNETTE, COUNCILII�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE NIAIN MOTION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEl�'IBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REOiTEST, ZOA #03-04, BY R.AS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL 1l�ETING NIINUTES OF JANUAI2Y 5,2004 PAGE 24 ' ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 —74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75th Avenue:" Strike "450 — 75�' Avenue: Lot l, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block l, Melody Manor Addition." Add "; and" after"Block l, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TFiE MOTION TO ANIEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS A11�NBED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1VIOTION CARRIED UNANIMOUSLY. 19. INFORllZATION STATUS REPORTS. Mr. William Burns, City znager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND IIECLARED TI-�E MOTION CARRIED UNANIl�ZOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta.S. Collins Scott J. Lund Secretary Mayor FRIDLEY CITY COUNCIL MEETING MINUTES OF(JANUARY 5,2004 PAGE 14 / Councilmember Bolkcom said she did not understau -it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�ame in and asked for half of it, we said sorry, they needed to get the other folks on the block/involved. If the other property owners said no, the developer would have had a dilemma W'hat was requested was consistent with the guide plan. Tha.t was the bigger picture. It was what tkie City said it wanted. Councilmember Bollccom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be dc�ne with the other two properties. She asked why they were included. If they made it S-2, many gs could be done. Mayor Lund asked the City Attorn y if it was a legal requirement to rezone the entire block and if it could be sepazated. Attomey Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particulaz development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the area.s surrounding that to determine if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the si.ngle site for redevelopment and determine, based on e Comprehensive Plan, v��hether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to detemune the demographics for the azea, what the mazket demand was for senior �ousing, and what the mazket would beaz in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Councilmember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P �t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 16. CONSIDERATION OF A REZOl�1ING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MiJLTIPLE PROPERTIES FROM R-2. TWO FANIILY iTNITS TO R-3 GENERAL M[TLTIPLE UNITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENLTE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENiTE, 450—75 AVENUE AND 476—75 AVENLTE (WARD 1). FRIDLEY CITY COUNCIL MEETIl\TG MINUTES OF JANUARY Sr2004 PAGE 13 � ' Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Traffic i.n the area was crazy. Mr. Hickok said the first speaker tallced about the data on th number of trips generated. That was one of the reasons several sources were used.. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go ough the site plan. The information they have been provided was that the parki.ng was going to e adequate and the sta11 dimension proper. Mr. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it It was unportant to understand tha.t beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P1an about what people needed. One of the thi.ngs that was cleazly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would a11ow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoni.ng was consistent with dard zoning practices used in the past. Mr. Hickok said there was concem about the development across the street and City staff sending someone out to buy prope . A genfleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and wha.t the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot pazking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoning. � Mr. Hick k said there would be different opinions about what was and was not spot zoning, so what the. relied on was the standazd practices of the City and what the City had done historically in m ' g determinations about what was and was not an appropriate zoning demazcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COUI�TCIL MEETING MINUTES OF JANUARY 5,2U04 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, A�IAYOR LUl�'D DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389 —74�' Avenue, 41� — 75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�` Avenue, 450 — 75� Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-confornung uses. The City Code sta.ted that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-confornung structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fau market value. Ln no case could a non-conform.ing use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zon.ing district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the pernutted uses of the R-2 zoni.ng district. The division did not allow multi-family uses in the R-2 zoning district, and made the e�sting multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to teaz down the existi.ng garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there axe at least 50 apartment units in the City that are zoned R-2, Two Faniily, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoni.ng was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this azea as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Faznily, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING 1��IINVTES OF JANUARY 5,2004 PAGE 16 � • Councilmember Billings asked about Outlot#1 near 460— 75�'Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 1 l. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billi.ngs asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Pazking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolida.ted. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1VI1170USLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINAI�TCE TO AMEND THE CITY CODE OF THE CITY OF FRID�LEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bri.ng commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was goi.ng to set a precedent. A person who lived neaz the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Stree� When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tomado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �he State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that azea. The traffic for the arena went right by his intersection and it became harder d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. This last surruner he was watching some softball g es during the `49er Days i � ' FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 18 - � tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�. ted a school. They also decided that they wanted a gyrruiasium in the lower part by the creek nea�the backyard of two of his neighbors. His neighbors told him that if they let them build that they �vould have to move. Did the gyxnnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all suminer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morning and return in the afternoon. Councilmember Barnette said we aze p of a city. He received a telephone ca11 on this particular project from someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t area because some of the neighbors did not want them there. He said "not i.n my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods aze not islands unto themsel es. They are part of a city. Things do change. We are a changing communiiy. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the azea of Totino High Schoo . It created traffic. Was it a good, positive tbing for the community? Yes it was. Traffic patterns �d change. Buildings and development changed. That was all part of a developi.ng community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thiug that could go in there? He could not answer that VJe do l�ow that 'f it was not rezoned, other ttungs could go there. People ha�e said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properry. He listened to at people ha�e said. He was not saying that he knew what was best He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside had to say. They continued the public hearing because there were traffic concern.s. As a City Co cil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was an}�thi.ng they could do to move traffic in that area. The developer made the build one st lower. They looked at pazking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro�ess. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZO1vING 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east '/z of the northwest '/,of Section 1 l,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said e�rtended 161.33 ft,thence east parallel with said right-of-way line 270 ft. +or- to Southerly ea�tension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning ma.p to show said tract or azea to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CITY COUNCIL OF Tf�CIT'Y OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J.LUND-MAYOR ATTEST: �� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publica.tion: February 5, 2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. AB TRACT Receipt# b /3 �Q, � ❑ Incorrect/No Reference# ❑ Non-standard Document L Date/Time '�'25 //�o;.2') DOCUMENT N0. ��08 a0�{� O /�' S r rQ Lt ❑ Certified Copy/ ANOKA�8��TA Document Order /of PINs ��" I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability � FOR RECORD ON Filing Fees $ �0.� AT 4 �7�-A -M�� C'�4 qND WAS DULY RECORDED. ❑ Tax Lien/Release FEES AND T�ES IN�NE AMOUNT OF PAID. Copy/A d di tiona l Pg Fees $ � 2 0 0 4 0 4 9 3 3 6 $2 0 . 0 0 Transfer RECEIPT N0. Well Cert Fees $ � Division MAUREEN J.DEVINE � Incomplete Form � Status ANOKACOUN7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment � New legal Description BY PAF � No Legal Description ❑ GAC DEPUIYPROPER7Y7AXADMINISTRATOR/RECORDER/REGIS7RAROFTITLES � Non-existent Legal Description � Deferred Specials ❑ Part(s) Illegible �'No Change `�� JD -2�,��' a/� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 19, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 a�.� day of�J�v�,c,h , 2004. DRAFTED BY: City of Fridiey 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cler i , �. - , .. 4., s. I ! �.� . . ��• (5`EAL) ::, - .. ; ; ,;,. ., . ; ;J = � ` " ; � - r . .�;. . ' ' � . � i � � . . .. �` � ti r.,' ....� :, , �, ,. �,':;�� FRIDLEY CITY COUNCIL MEETING NIlNUTES OF JANiJARY 26,2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MIl�'ESOTA, BY MAI�NNG A CHANGE IN ZONING DISTRICTS �7,fINTN(�RT,nTTFST_ 7,nA#03-04.BY RAS PROPERTIES)fWARD il. Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoni.ng of twelve apartment properties in the 74�' and 75th Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of eli.minating spot zoning, the rezoning of church property from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartrnent properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WANED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING CONIl��IISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LINIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. � . Dr. William Bums, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the' orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. FRIDLEY CITI' COUNCIL MEETING MINUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site aze properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a tr�c study t is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat d by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to fmal plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees a.nd other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO A1��IEND, MAYOR LUND, COUNCILMENIS R BARNETTE, COUNCILII�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE MAIN MOTION AS A1��NDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, NIlNNESOTA. BY NIAKING A CHANGE IN ZONING DISTRICT (REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRII3LEY CITY CQiTNCIL MEETING MINiTTES OF JANUARY 5,2004 PAGE 24• � ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74�'Avenue: Lot 10, Block l, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block l, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and"after `Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TF�E MOTION TO Al1'IEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARR�D UNANIMOUSLY, UPON A VOICE VOTE ON TFIE MAIN MOTION AS AMENBED, ALL VOTING AYE, MAYOR LUND DECLARED THE IY�OTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. VJilliam Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOi;�tNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmernber VJolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED T�E MOTION CARRIED UNANIl�'IOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor FRIDLEY CITY COUNCIL MEETING MINUTES OF�JANUARY 5,2004 PAGE 14 , . . / Councilmember Bolkcom said she did not understaa �it. It was only helping one developer. � . Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would �o from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�.me in and asked for half of it, we said sorry, they needed to get the other folks on the block/involved. If the other property owners said no, the developer would have had a dilemma W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be dc fne with the other two properties. She asked why they were included. If they made it S-2, many gs could be done. Mayor Lund asked the City Attom y if it was a legal requirement to rezone the entire block and if it could be sepazated. Attorney Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particulaz development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezo � g was necessary as part of the process. VJhen Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the single site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the market demand was for senior �ousing, and what the market would bear in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�TIMOUSLY. 16. CONSIDERATION OF A REZONING REOUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2. TWO FAMILY iJNITS TO R-3 GENERAL M[TLTIPLE iJNITS GENERALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENUE. 450—75 AVENUE AND 476—75 AVENUE(WARD 11. FRIDLEY CITY COUNCIL MEETIl\TG NIINUTES OF JANUARY 5�2004 PAGE 13 • ' Ms. Olson said it was not only creating a precedent for the nei orhood but for the entire city. Tr�c in the area was erazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors a.re getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go th�ough the site plan. The information they have been provided was that the parki.ng was going to e adequate and the stall dimension proper. Nir. Hickok said there was discussion about th. Comprehensive Plan and spot zoni.ng. VJith respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand tha.t beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P1an about what people needed. One of the t�ungs that was cleazly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opporhusity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would a11ow up to 10 percent or up to 5 'ts. That would be govemed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dazd zoning practices used in the past. Mr. Hickok said there was concern about the development across the sireet and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and wha.t the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d tum-over in a senior complex like tlus was proven to be low. Councilme ber Bollccom asked about spot zoning. � Mr. Hick�k said there would be different opinions about what was and was not spot zoning, so what the. relied on was the standazd practices of the City and what the City had done historically in m ' g determi.nations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COITNCIL MEETING NIlNUTES OF JANUARY 5.2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bollccom. UPON A VOICE VOTE, ALL VOTING AYE, 11'IAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 — 74�'Avenue, 371 —74�'Avenue, 389—74th Avenue, 415 — 75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-confornung uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fa.ir market value of such structure. The code also stated that if the non-confomv.ng structzu-e was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a pernutted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the pernutted uses of the R-2 zon.ing district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the properiy was non-conforming, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75th Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 aparhnent units in the City that are zoned R-2, Two Faniily, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcomxnission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIBLEY CITY COiTNCIL MEETING NIINUTES OF JANUARY Ss 2004 PAGE 16 . " • Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attomey Fritz Knaak, City Attomey, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billi.ngs asked what the zoning was on Lot 1 l. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billi.ngs asked if they could describe the entire tract as all of Block l, Melody Manor Add.ition. Mr. Hickok said they could. Councilmember Billi.ngs said the short version would be to designate a11 of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billin.gs said 460—75�'Avenue would be included. Councilmember Bollccom asked if all of the owners signed the agreement Mr.Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-faznily development, 2,500 square feet of land per one unit was needed. Pazking would aiso have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Bamette. FRIDLEY CI_TY COUI�TCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIl1zOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRID�,EY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS NING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPMENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many azguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bri.ng commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For DJhom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette sa.id people asked him o r and over agai.n, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Street� When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City gazage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. e State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o her 25% out of properiy taxes. In 1975, the County of Anoka decided it would be nice to build an�:ce azena in that area. The traffic for the arena went right by his intersection and it became harder � d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there, the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days � � \ , FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5,2004 PAGE 18 � ' • ' tournaznent and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church sta�ted a school. They also decided that they wanted a gymnasium in the lower part by the creek nea�the backyard of two of his neighbors. His neighbors told him that if they let them build that they �vould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along e street Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morning and retum in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone ca11 on this particular project from someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thiiig. Our neighborhoods aze not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. VJas it a good, positive tliing for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thi.ng that could go i.n there? He could not answer that VJe do know that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the properry was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew what was bes� He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Co�ncil, they needed to look at what they were goi.ng to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anything they could do to move traffic in that area. The developer made the build one st lower. They looked at pazking and made some changes. Someone could build something else that property. She had a concem about the whole block being rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro� ss. Some significant changes were made to the project as a result. People were heazd. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAHING A CHANGE IN ZO1vING 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east '/2 of the northwest %of Section 11,Township 30, Range 24 described as following:beginning ax the intersection of south right-of-way line of 75`� Avenue NE&southerly extension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east para11e1 with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly ea�tension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designa.ted to be in the Zoned District R-3 (General Multiple Units). 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 R-1 (Single Family), and R-2(Two Faznily Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J. LUND—MAYOR ATTEST: �� DEBRA A. SKOGEN—C CLERK Public Hearing: January 5,2004 First Rea.ding: January 5, 2004 Second Reading: January 26, 2004 Publica.tion: February 5, 2004 . , " ' ' ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. AB TRACT Receipt# � i ❑ Incorrect/No Reference# `� zs , ❑ Non-standard Document DOCUMENT N0. I CI O go2�5�D Date/Time � � Certified Copy/ ANOKA'C�8�1��TA Document Order of PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON Recordability AT MAR 2 5 2 0 0 4 qND WAS DULY RECORDED. Filing Fees $ o v• / FEES AND fi�ES INTHE AMOUNT OF $2 0 . 0 0 PAID. � Tax Lien/Release Copy/Additional Pg Fees $ 2 0 04 0 4 9 3 3 9 � Transfer RECEIPT N0. Well Cert Fees $ � Division MAUREEN J.DEVINE � Incomplete Form ❑ Status ANOKACOUN7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment ❑ New legal Description gy PAF � No Legal Description ❑ GAC DEPU7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description ❑ Deferred Specials � Part(s) Illegible ,�No Change a r /l- 30 - � �C- a�-0�2� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26'h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 20, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75'h Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 Fridiey, Minnesota, in the County of Anoka on the o13r� day of /�.�.� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cle r s' , r, .. �f �.��'� • . '.? ..�.L��.`� ' . . �` (SEA�),". r � / . - _ �, . ^' . . � h . t �� l ``.�. . V� . ��.�'" , . . �JI,+ .rh. . ♦. . {�J- �1�'•f; , , � F�2.IDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 26, 2004 _PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS �REZONING REQiTEST, ZOA#03-04,BY RAS PROPERTIESI (WARD 11. Dr. William Bums, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties i.n the 74�` and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoni.ng also included, for purposes of elim�nating spot zoning, the rezoning of church property from R-1 to R-3. The rezoni.ng corrected non- conformi.ng use status for all of the apartment properties that occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoni.ng at their meeting on December 17, 2003. Council approved the first readi.ng of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING A1�TD ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING COMIVIISSION MEETING OF JANU Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO �LLOW LINIITED OUTDOOR STOR.AGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Burns, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the' orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. • FRIDLEY CITY COUNCIL MEETING MINUTES OF 3ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin permit application, to pay all water and sewer connection fees prior to issuance of a buil ' permit. 22. The petitioner to provide a traffic study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determ.ined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO Al�'IEND, MAYOR LUND, COUNCILMENIZ R BARNETTE, COUNCILll�MBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE 11'LAIN 11'IOTION AS AMENDED, NIAYOR LUND, COUNCIL ER BARNETTE, COUNCILMElVIBER BILLINGS A.1�'D COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRIDLEY, NIINI�TESOTA, BY NIAKING A CHANGE IN ZONING DISTRICT (REZONING REOUEST, ZOA #03-04, BY RAS PROPERTIESIlWARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY CQUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 24 � MOTION by Councilmember Billings to amend the first rea.ding of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block l, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75th Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75�' Avenue: Lot 2, Block l, Melody Manor Addition." Add "All oP' before the phrase "Block 1, Melody Manor Addition." Add "; and" after "Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON TFiE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. UPON A VOICE VOTE ON T�iE MAIN MOTION AS AME1�TI3ED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1VIOTION CARRIED UNANIMOUSLY. 19. INFOR112ATION STATUS REPORTS. Mr. VJilliam Burns, City anager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOLiRNMENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED TFiE MOTION CARRIED UNANIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor • FRIDLEY CITY COUNCIL MEETING MINUTES OF(JANUARY 5, 2004 PAGE 14 , � Councilmember Bolkcom said she did not understa� �it. It was only helping one developer. � Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would g.o from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�me in and asked for half of it, we said sorry, they needed to get the other folks on the blocic/involved. If the other property owners said no, the developer would have ha.d a dilemma. W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bollccom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2,many t�ungs could be done. Mayor Lund asked the City Attom�'y if it was a legal requirement to rezone the entire block and if it could be separated. Attomey Fritz Knaak, City Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determ.ine if additional rezo ' g wa.s necessazy as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the si.ngle site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo i.n the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the area, what the market demand was for senior �ousing, and what the market would bear in terms of price for the units. They used a reputable to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public heari.ng on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSTDERATION OF A REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO FANIILY UIVITS TO R-3 GENERAL MiJLTIPLE iJNITS GENER.ALLY LOCATED AT 351—74 AVENUE 361 —74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENUE. 450—75 AVENLTE A1�TD 476—75 AVENLTE (WARD 11. FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY Sr2004 PAGE 13 Ms. Olson said it was not only creating a precedent for the nei borhood but for the entire city. Traffic in the area was crazy. Mr. Hickok sa.id the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go ough the site plan. The information they have been provided was that the parking was going to e adequate and the sta11 dimension proper. Nir. Hickok said there was discussion about th Comprehensive Plan and spot zoning. VJith respect to the Comprehensive Plan, anyone wh was at the meetings had an opportunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was unportant to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the things that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would a11ow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dard zoning practices used in the past. Mr. Hickok said there was concern about the development across the street and City stafF sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske kim to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot pazking stall. The City did have the disEretion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point. Turn-over was an issue, d tum-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoni.ng. � Mr. Hick�k said there would be different opin.ions about what was and was not spot zoning, so what the, relied on was the standard practices of the City and what the City had done historically in m ' g detemiinations about what was and was not an appropriate zoning demazcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. • FRIDLEY CITY COUI�TCIL MEETING A�III�TUTES OF JANUARY 5.2004 PAGE 15 MOTION by Councilmember Billi.ngs to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, 11'IAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 415 — 75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforn�ing uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also sta.ted that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-confornung use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a pernutted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordina.nce in 1964 dividing the permitted uses of the R-2 zoning district. The division d.id not allow multi-family us�s in the R-2 zoning district, and made the e�cisting multi-family buildi.ngs in the R-2 district pre-existing and non-conforming. Last sunvner, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the properiy was non-confornung, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apar4ment units in the City that are zoned R-2, Two Fanuly, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoni.ng was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this azea as a multi-family azea. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-fanuly buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING NIINUTES OF JANUARY 5, 2004 PAGE 16 � Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #l. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be chauged. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning wa.s on Lot 11. Mr. Hickok said currently, it was R-3,Multi-Fam.ily. Councilmember Billi.ngs asked if they could describe the entire tract as a11 of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billi.ngs said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billin.gs said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreemen� Mr. Hickok said they did. Councilmember Bolkcom asked if someone could teaz down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-faznily development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Pazcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COLTNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAN11120USLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRID�L,EY NIINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPNIENT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many argu.ments and most were against the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived near the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Ernest Hemingway, "For Whom the Bell Tolls" When it came back from the teacher, one of the comments was "Do you know where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Stree� When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happeni.ng in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went axound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �he Sta.te paid for SO%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of property t�es. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that azea. The traffic for the arena went right by his intersection and it became harder d harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there, the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days ` � ; FRIDLEY CITY COUNCIL MEETING 11'IINUTES OF JANUARY 5, 2004 PAGE 18 • � tournament and the same n�ighbors were there. One neighbor told hirn he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church ed a school. They also decided that they wanted a gymnasium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they �ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s aze still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Coluxnbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morning and retum in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone call on this particular project from someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in t area because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods aze not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He d.id not think it was cast in one. It was used though. A.nother area that was redeveloped was the area of Totino High Schoo . It created traffic. VJas it a good, positive thing for the community? Yes it was. Traffic patterus 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thing that could go in there? He could not answer that VJe do �ow that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew what was bes� He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Cno�ncil, they needed to look at what they were goi.ng to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anything they could do to move traffic in that azea. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concern about the whole block bei.ng rezoned, but they did have an oppo 'ty to watch the other area. Councilmember Billings thanked the neighbors for being involved in the pro ss. Some significant changes were made to the project as a result. People were heard. . . ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAHING A CHANGE IN ZOIVING DISTRICTS The Council of the City of Fridley does orda,i.n as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subj ect to the stipulations as shown in Attachment 1. SECTTON 2. The tract or azea within the County of Anoka and the City of Fridley and described as: All of Block 1,Melody Manor Addition;and, That part of the east '/Z of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly e�ctension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east parallel with said right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administraxor is directed to change the official zoning ma.p to show said tract or azea to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Fanuly Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY TI�CITY COUNCIL OF TI-�C1TY OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J. LUND—MAYOR ATTEST: �� DEBRA A. SKOGEN—C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5, 2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT eceipt l�( / ❑ Incorrect/No Reference# 3 �5 , l�� l � Non-standard Document Date/Time � Certified Copy/ DOCUMENT N0. �q p�abCo' O Document Order �of ANOKA�8��TA PINs � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordabiliry FOR RECORD ON Filing Fees $ / AT MAR 2 5 2 O O 4 AND WAS DULY RECORDED. � Tax Lien/Release FEES AND T�ES IN TPHE AMOUNT OF PAID. Copy/Additional Pg Fees $ $2 0 . 0 0 � Transfer 2 0 0 4 0 4 9 3 41 Well Cert Fees $ � Division RECEIPT N0. � Incomplete Form � Status MAUREEN J.DEVINE ANOKA COUNIY PROPERIY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES � Missing Attachment ❑ New legal Description ❑ No Legal Description ❑ GAC BY PAF DEPUIY PROPER7Y TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES � Non-existent Legal Description ❑ Deferred Specials ❑ Part(s) Illegible �o Change . ♦ �I '3o - ��-2�-- D6 2 � STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26th day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: A rezoning request by making a change in zoning districts, legally described as Apartment 21, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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 �3✓� day of �1��.�i , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk �, ,, �E�EAL) �� ' . . - � - � . � . : ;,�, . , ( j. . �� `'�r •�. • L_', !' ' '� ' ' FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 26, 2004 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 A.P�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. NIINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (RFZO1�tING REOUEST, ZOA#03-04.BY R.AS PROPERTIES) (WA.RD 11. Dr. William Burns, City Manager, said the second reading of the ordinance would complete the rezoning of twelve apartment properties in the 74�' and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoni.ng also included, for purposes of eli.m.inati.ng spot zoning, the rezoning of church properly from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartment properties tha.t occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordi.nance at its meeting on January S, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. rr�w BusnvEss: 2. REC THE MINUTES OF THE PLANNING COMIVIISSION MEETING OF JAl�'U Y 7 2004. RECEIVED. 3. SPECIAL USE PE RE UEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LINIITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING � TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Bums, City Manager, sat�the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment behind their building. Since the' orage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. ' • FRIDLEY CITY COUNCIL MEETING A�IINUTES OF ANUARY 5 2004 PAGE 23 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin pernut application, to pay all water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a traffic study t is approved by the County prior to issuance of a building permit. 23. The petitioner sha11 be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOI VOTE ON THE MOTION TO All�IEND, MAYOR LUND, COUNCILMElla R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE AZAIN nZOTION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEMBER BILLINGS Al�'D COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY NIAKING A CHANGE IN ZONII�TG DISTRICT (REZONING REOiTEST, ZOA #03-04, BY R.AS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY CQUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 24 " ' MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain langua.ge starting at "351 — 74th Avenue: Lot 10, Block l, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and" after `Block 1,Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO A112END, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�IMOUSLY. UPON A VOICE VOTE ON TAE NIAIN MOTION AS A112ENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1V�OTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City an�er, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOLTI�Nl!'IENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED T�YE MOTION CARRIED UNANIIlZOUSL TI�E MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor " • FRIDLEY CITY COUNCIL 11'IEETING MINUTES OF(JANIJARY 5, 2004 PAGE 14 . . / Councilmember Bolkcom said she did not understai -it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�^omprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�ame in and asked for half of it, we said sorry, they needed to get the other folks on the block�involved. If the other property owners said no, the developer would have had a dilemma W'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bollccom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be dc�ne with the other two properties. She asked why they were included. If they made it S-2,many gs could be done. Mayor Lund asked the City Attorn y if it was a legal requirement to rezone the entire block and if it could be sepazated. Attomey Fritz Knaak, CiTy Atto ey, said the idea behi.nd spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the gs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the si.ngle site for redevelopment and determine, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo in the audience said the developer must prove there was a need. The developer did a housin� study to determine the demographics for the azea, what the market demand was for senior �ousing, and what the market would bear in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request, PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�TIMOUSLY. 16. CONSIDERATION OF A REZOI�TING REOUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE NIULTIPLE PROPERTIES FROM R-2. TWO FAMILY LTNITS TO R-3 GENERAL M[JLTIPLE LTNIT5 GENERALLY LOCATED AT 351 —74 AVENUE 361—74 AVENUE 371—74 AVENUE 389 — 74 AVENUE 415 — 75 AVENUE 7400 LYRIC LANE 350 — 75 AVENiJE 460—75 AVENUE, 450—75 AVENITE Al�'D 476—75 AVENUE (WARD 1). FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY S,r2004 PAGE 13 � ' Ms. Olson said it was not only creating a precedent for the nei borhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors aze getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go ough the site plan. The information they have been provided was that the parking was going to e adequa.te and the sta11 dimension proper. NIr. Hickok said there was discussion about Comprehensive Plan and spot zoning. VJith respect to the Comprehensive Plan, anyone wh was at the meetings had an opporiunity to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested i.n i� It was important to understand that beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive P1an about what people needed. One of the things that was cleazly described and articulated by dis ussions at the Comprehensive Plan meetings was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared that the project would a11ow up to 10 percent or up to 5 'ts. That wovld be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoning was consistent with dazd zoning practices used in the past. Mr. Hickok said there was concem about the development across the street and City s�taff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoning request. They had not received a formal development proposal. Councilmember Bo com asked if parking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the disEretion to approve a master plan with 9-foot stalls. In a S-2 distr-ict, they could approve the pl at it was. He said the 9-foot stalls did not raise a concem at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bollccom asked about spot zoni.ng. � Mr. Hick k said there would be different opinions about what was and was not spot zoning, so what the relied on was the standard practices of the City and what the City had done historically in m ' g detemzinations about wha.t was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. ' - FRIDLEY CITY COLTNCIL MEETING NIINUTES OF JANUARY 5.2Q04 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, 11'IAYOR LUl\'D DECLA.RED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 41� — 75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75� Avenue and 476 — 75th Avenue from R-1, Single Family, and R-2, Two Faznily to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-confornling uses. The City Code sta.ted that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-confornung structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or stru.cture was 50 percent or more of its fair market value. In no case could a non-confornung use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a pernzitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to teaz down the existing garages and to build new ones. Since the properly was non-confonning, a building pernut could not be issued. Staff suggested that the best way to resolve the non-conformi.ng issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block betv��een 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Fanuly, and aze used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Fanuly, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staffrecommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 16 Councilmember Billings asked about Outlot#1 neaz 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #l. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoni.ng was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the enti.re tra.ct as a11 of Block 1, Melody Manor Add.ition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billi.ngs said 460—75�'Avenue would be included. Councilmember Bollccom asked if all of the owners signed the agreemenL Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolida.ted. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Bamette. • • FRIDLEY CITY_COUI�TCIL MEETING MINUTES OF JANUARY 5. 2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAIVIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AIVIEND THE CITY CODE OF THE CITY OF FRIDY.EY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (R�IZONING REOUEST, ZOA #03-02, BY TOWN CENTER DEVELOPNIENT A.RD 2). MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comxnents on this issue. About a yeaz ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many arguments and most were agai.nst the proposal. One coxnment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was going to set a precedent. A person who lived neaz the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Barnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For VJhom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you laiow where the title that book came from?" He found out the title came from a English philosopher by the name of hn Dunn. Councilmember Barnette said people asked him o r and over agai.n, if he would want this i.n his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Stree� When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tomado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more tr�c. So much so, that his neighborhood became very busy. He went around 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �he Sta.te paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that area. The traffic for the arena went right by his intersection and it became harder atad harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there,the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days \ � ; FRIDLEY CITY COUNCIL MEETING 1VIINUTES OF JAl��ARY 5,2004 PAGE 18 - tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church s ed a school. They also decided that they wanted a gyrnnasium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they ould have to move. Did the gymxiasium help the school and the kids? Yes. Those two neighb s are still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morni.ng and return in the afternoon. Councilmember Barnette said we are p of a city. He received a telephone call on this particulax project frorn someone who lived i.n He er Hills. This person did not realize the problems the builder had when building the homes in t area because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods aze not islands unto themsel es. They aze part of a city. Things do change. We are a changing community. We aze in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in one. It was used though. Another area that was redeveloped was the area of Totino High Schoo . It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns 'd change. Buildi.ngs and development changed. That was all part of a developi.ng community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. VJas it the best thing that could go in there? He could not answer tha� VJe do l�iow thax 'f it was not rezoned, other ttungs could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying that he knew what was bes� He believed Council was ch ged with making decisions. We had a representa.tive govemment, and the residents did not get vote on every issue. They elected Council to do that. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to wha.t the reside s had to say. They continued the public hearing because there were traffic concerns. As a City Cot�ncil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anything they could do to move traffic in that area. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concem about the whole block bei.ng rezoned, but they did have an oppo 'ty to watch the other azea. Councilmember Billings thanked the neighbors for being involved in the pro ess. Some significant changes were made to the project as a result People were heard. ORDINANCE NO. 1183 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZO1vING DISTRICTS The Council of the Ciiy 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 azea within the County of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition;and, That part of the east '/z of the northwest %of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75`� Avenue NE&southerly etctension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east para11e1 with said right-of-way line 270 ft.+or- to Southerly extension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designaxed to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the ofFicial zoning ma.p to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2 (Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS 26�'DAY OF JANUARY,2004. �� SCOTT J. LUND-MAYOR ATTEST: �� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26,2004 Publication: February 5, 2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. AB TRACT Receipt# � � ❑ Incorrect/No Reference# 3� %�5/ :z ❑ Non-standard Document Date/Time DOCUMENT N0. ❑ Certified Copy/ p 7 AB TRAC DocumentOrder �of ANOKA�B�NT�MII�NES�TA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability _��_ FOR RECORD ON Filing Fees $ M �0� AT MAR 2 5 2 O O 4 AND WAS DULY RECORDED. � Tax Lien/Release FEES AN�T�E�IN�NE AMOUNT OF PAID. Copy/Additional Pg Fees $ $2 0 . 0 0 ❑ Transfer 2004049344 Well Cert Fees $ RECEIPT N0. � Division MAUREEN J.DEVINE � Incomplete Form � Status ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment ❑ New legal Description pAF ❑ No Legal Description ❑ GAC gy � Non-existent Legal Description ❑ Deferred Specials DEPU7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Part(s)Illegible �No Change . � rl-30- ��- ��-- o�Zq STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning, ZOA#03-04 Owner: RA Stinski DBA RAS Properties The above entitled matter came before the City Council of the City of Fridley and was heard on the 26�h day of January, 2004, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the foliowing described property: A rezoning request by making a change in zoning districts, legally described as Apartment 22, Condominium #5 (Unity View Condominiums), subject to easement of record, generally located at 476-75th Avenue NE. 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 January 26, and January 5, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridiey, 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 __�z�day of `�'Y)a.�.c� , 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. kogen, City Clerk (SElkL) •. i.:; ' �.. - � '� ' ; t . �' . '��' .�...: � � � • �'RIDLEY CITY COUNCIL MEETING MINUTES OF JAI�TIJARY 26,200_4 PAGE 3 APPROVAL OF PR OSED CONSENT AGENDA: APPROVAL OF TES: City Co cil Meeting of December 8, 2003 City ouncil Meeting of December 15, 2003 AP�ROVED. OLD BUSINESS: � 1. ORDINANCE NO. 1183 TO AMEND THE CTTY CODE OF THE CITY OF FRIDLEY, MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS ��,(INTN[:RF,(�TTFST. 7,nA#03-04.BY RAS PROPERTIESI (WARD_1_� Dr. William Bums, City Manager, said the second reading of the ordi.nance would complete the rezoning of twelve apartment properties in the 74�' and 75�' Avenue/Lyric Lane area from R-2 to R-3. The rezoning also included, for purposes of elimi.nating spot zoning, the rezoning of church property from R-1 to R-3. The rezoni.ng corrected non- conforming use status for all of the apartment properties tha.t occurred as a result of City rezoning in the late 1960s. The Planning Commission approved this rezoning at their meeting on December 17, 2003. Council approved the first reading of the ordinance at its meeting on January 5, 2004. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. REC THE MINUTES OF THE PLANNING CONIlVIISSION MEETING OF JANiJ Y 7, 2004. RECEIVED. 3. SPECIAL USE PE RE LTEST SP #03-22 BY PROFORM THERMAL SYSTEMS INC. TO LOW LIMITED OUTDOOR STORAGE IN A HEAVY INDUSTRIAL ZONING TRICT GENERALLY LOCATED AT 7805 BEECH STREET N.E. (WARD 31. . Dr. William Burns, City Manager, s the permit would allow outdoor storage at 7805 Beech Street. Petitioners wished to m tain existing enclosed storage of construction equipment belund their building. Since the' torage met all nine requirements of the City Code, staff recommended Council's approval 'th two stipulations. •FRTDLEY CITY COUNCIL MEETING 1VIINUTES OF 3ANUARY 5 2004 PAGE 23 , 20. Provide proof that any existing wells or individ sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of buildin pemut application, to pay a11 water and sewer connection fees prior to issuance of a build' permit. 22. The petitioner to provide a tr�c study at is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generat by the development including signalization or other improvements, if determined nece sary by Anoka County. 24. A development agreement out ' g the developer's obligation to install utilities, etc., will be prepared by the City and shall e signed by the Petitioner prior to final plat approval. 25. The petitioner shall work 'th City staff and the neighbors to come up with a screening plan to provide adequate scree ' consisting of adult trees and other creative decorative screening between the proposed d elopment and the neighboring properties prior to the City Council meeting on November 2 , 2003. 26. All drive aisles to be sed for 2-way traffic shall be 25' in width. Seconded by Councilm mber Billings. UPON A VOIC VOTE ON THE MOTION TO A1��IEND, MAYOR LUND, COUNCILMEMs R BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB R BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, YOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOI E VOTE ON THE T'IAIN 11'IOTION AS AMENDED, MAYOR LUND, COUNCIL ER BARNETTE, COUNCILMEA'IBER BILLINGS AND COUNCIL MBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING N Y, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA, BY MAKING A CHANGE IN ZOI�TING DISTRICT (REZOIVING REQUEST, ZOA #03-04, BY RAS PROPERTIESI(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY CQUNCIL MEETING MINUTES OF JANiJARY 5,2004 PAGE 24 ` MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certai.n language starting at "351 — 74�' Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75�' Avenue: Lot 12" leaving the words "Block 1, Melody Manor Addition." Strike "460 — 75�' Avenue:" Strike "450 — 75�' Avenue: Lot l, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase "Block 1, Melody Manor Addition." Add "; and" after"Block 1,Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AIVIEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlVIMOUSLY. UPON A VOICE VOTE ON THE NIAIN MOTION AS Al1'IEr�ED, ALL VOTING AYE, MAYOR LUND DECLARED THE 1VIOTION CARRIED UNANIMOUSLY. 19. INFORl�'IATION STATUS REPORTS. Mr. VJilliam Burns, City �.ger, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOL�tNNIENT: MOTION by Councilmember B ette to adjourn the City Council meeting. Seconded by Councilmernber Wolfe. UPON A VOICE VOTE, ALL TING AYE, MAYOR LUND DECLARED TI�E MOTION CARRIED UNANIMOUSL THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Scott J. Lund Secretary Mayor •FRIDLEY CITY COUNCIL MEETING MINUTES OF'JANUARY 5,2004 PAGE 14 . , . / Councilmember Bolkcom said she did not understa� ;it. It was only helping one developer. � Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the�omprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone c�ame in and asked for half of it, we said sorry, they needed to get the other folks on the block/involved. If the other property owners said no, the developer would have had a dilemma. W,'hat was requested was consistent with the guide plan. That was the bigger picture. It was what tkie City said it wanted. Councilmember Bolkcom asked why th�zoning for someone who was already there needed to be changed. Nothing was going to be d�ne with the other two properties. She asked why they were included. If they made it S-2,many things could be done. Mayor Lund asked the City Attorn�'y if it was a legal requirement to rezone the entire block and if it could be separated. Attomey Fritz Knaak, City Atto ey, said the idea behind spot zoning was you were not supposed to be taking and rezoning on case-by-case, development-by-development basis. They were supposed to base their decisio on not only the needs of a particular development but the needs of the City. If there was a bloc where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to deternune if additional rezo ' g was necessary as part of the process. When Courts reviewed these decisions, one of the ngs they looked at was boundaries and whether they were rational. In order to protect the needs o the City, they needed to look beyond the si.ngle site for redevelopment and deternune, based on e Comprehensive Plan, whether it made sense to extend the zoning beyond what was being re uested. Mr. Hickok said someo i.n the audience said the developer must prove there was a need. The developer did a housin� study to determi.ne the demographics for the area, what the market demand was for senior �ousing, and what the mazket would bear in terms of price for the units. They used a reputable �irm to conduct the survey. The response proved that not only was there a demand here but the ts were in a healthy price range. MOTION by Council�nember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary P t Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIIIZOUSLY. 16. CONSIDERATION OF A REZONING REOUEST, ZOA #03-04, BY R.AS PROPERTIES, TO REZONE NITJLTIPLE PROPERTIES FROM R-2. TWO FANIILY U1vITS TO R-3 GENER.AL M[JLTIPLE LTNITS GENER.ALLY LOCATED AT 351 —74 AVENUE 361 —74 AVENUE 371—74 AVENUE 389 — 74 AVENITE 415 — 75 AVENLTE 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENiTE,450—75 AVENUE AND 476—75 AVENLTE (WARD 1). FRII)LEY CITY COUNCIL MEETING MINUTES OF JANUARY 5�2004 PAGE 13 � Ms. Olson said it was not only creating a precedent for the nei borhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on th number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shove g. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go ough the site plan. The information they have been provided was that the parki.ng was going t e adequate and the sta11 dimension proper. 1��Ir. Hickok said there was discussion about th Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone wh was at the meetings had an opporiwuty to speak and be involved in the process. He w encouraged by the amount of interest in the Comprehensive Plan, and he thought the should be interested in it. It was important to understand tha.t beyond the people who w e passionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the thi.ngs that was clearly described and articulated by dis ussions at the Comprehensive Plan meeti.ngs was senior housing and the opportunity it would p ovide seniors to say in the community. Mr. Hickok said a question was br ght up about rental units. It appeared tha.t the proj ect would a11ow up to 10 percent or up to 5 'ts. That would be governed by the body of the association. There was a question about tree and landscaping. Trees when planted as part of a master plan development needed to live. ey were very specific about trees in the landscape plan. The zoni.ng was consistent with dard zoning practices used in the past. Mr. Hickok said there was concem about the development across the street and City staff sending someone out to buy prop . A gentleman came in and was interested in rezoning the north end of the block. Staff aske him to look at the history across the street and the discussions that had taken place. It was exp ' ed to him how spot zoning worked and what the standard practices had been and what would e a proper zoni.ng request. They had not received a formal development proposal. Councilmember Bo com asked if pazking stalls were normally 9 feet wide. Mr. Hickok said�' residential projects it was not uncommon to see a 9-foot parking stall. The City did have the dis�retion to approve a master plan with 9-foot stalls. In a S-2 d.istrict, they could approve the pl at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, d turn-over in a senior complex like this was proven to be low. Councilme ber Bolkcom asked about spot zoni.ng. � Mr. Hick�k said there would be different opinions about what was and was not spot zoning, so what the, relied on was the standard practices of the City and what the City had done historically in m ' g determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. .FRIDLEY CITY COUI�TCIL MEETING r'IINUTES OF JANUARY 5.2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUl\TD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stin.ski. He was the owner of 450 and 476 75�' Avenue. He would like to rezone the properties located at 351 —74�'Avenue, 361 —74�'Avenue, 371 —74�' Avenue, 389—74�' Avenue, 415 —75�' Avenue, 7400 Lyric Lane, 350 — 75�' Avenue, 460 — 75�' Avenue, 450 — 75�' Avenue and 476 — 75�` Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist i.n a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-confornung uses. The City Code stated that a non-conforming use could exist and could be upda.ted provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-confornung structure was damaged by fire, flood, explosion, earthquake, tomado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or struchue was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Fanuly, zoni.ng district. Multi-family was still a perrnitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordina.nce in 1964 dividing the pernutted uses of the R-2 zoni.ng district. The division did not allow multi-family uses in the R-2 zoning district, and made the e�sting multi-family buildi.ngs in the R-2 district pre-existing and non-confomzing. Last sunuuer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the property was non-conformin.g, a building permit could not be issued. Staff suggested that the best way to resolve the non-conformi.ng issue would be to rezone the property to R-3. To accomplish a successful rezoni.ng, the entire block between 74�' Avenue, 75�' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there aze at least 50 apariment units in the City that are zoned R-2, Two Fanuly, and aze used to house multi-family buildings. Staff asked Council and the commission members on the 2001 counciUcommission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family azea. Rezoning these properties from R-2, Two Faznily, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIBLEY CITY COiTNCIL MEETING 11'IINUTES OF JANUARY 5, 2004 PAGE 16 - ' Councilmember Billings asked about Outlot#1 near 460— 75�' Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attomey how the ordinance should be changed. Attomey Fritz Knaak, City Attorney, sa.id the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billi.ngs said the short version would be to designate all of Block l, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75�'Avenue would have to be listed as an exception. Councilmember Billings said 460—75�'Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreemen� Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. .FRIDLEY CITY COiTNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE 1lZOTION CARRIED UNANII�ZOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO A11�ND THE CITY CODE OF THE CITY OF FRID�I,EY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS ONING RE UEST ZOA #03-02 BY TOWN CENTER DEVELOPN�NT ARD 2 . MOTION by Councilmember olfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember B ette. Councilmember Barnette said he ould like to make a few comments on this issue. About a year ago, there was another rezoning iss e and there were problems. He wanted to make sure with this rezoning that the bases were cov ed. He attended the Planning Commission meetings, the Council meetings, and the neighbor od meeting that was held by the developer on this matter. There were many azguments and most were agai.nst the proposal. One comment that was made by a resident was that so often they felt th se issues were a done deal before they ever started. That was not true. Another comment made that it would bring commotion to the neighborhood and they wanted the neighborhood to stay e way it was. People said this was goi.ng to set a precedent. A person v��ho lived neaz the si e mentioned that because of the height of the building, they would have to look at the lights from th building. Traffic concerns were expressed. Councilmember Ba.rnette said when he was ' high school he wrote a book report on a book by Emest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you l�ow where the title that book came from?" He found out the tifle came from a English philosopher by the name of hn Dunn. Councilmember Barnette sa.id people asked him o r and over again, if he would want this in his back yard. He said he and his wife had lived in Fridl y since 1958. His first house was on Jackson Stree� When he built the house in 1961, Jackson Str et was a dirt road and did not go all the way through. The City blacktopped the road and brought ore traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very qui street. In 1967, the City built the City garage about one block from his house. Every single ehicle from the City went in and out of there. The tornado hit in 1965, but another major thing t was happening in Fridley at that time was University Avenue was widened to four lanes, which reated a lot more traffic. So much so, that his neighborhood became very busy. He went azound 's neighborhood with a petition to ask the State to put a semaphore in so they could get out of the' neighborhood. The State said it did not meet the criteria but that they would pay for part of it. �he State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the o�ther 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an�ce arena in that area. The traffic for the arena went right by his i.ntersection and it became harder d harder to get out of there. In 1983, the City built a sta.te of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there, the would move. The City built the complex. This last summer he was watching some softball g es during the `49er Days 1 � FRIDLEY CITY COUNCIL 11'IEETING 11'IINUTES OF JANUARY 5,2004 PAGE 18 • • tournament and the same n�ighbors were there. One neighbor told him he was watching his grandchildren play and thou ht it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church s ed a school. They also decided that they wanted a gyn�nasium in the lower part by the creek ne the backyard of two of his neighbors. His neighbors told him that if they let them build that they ould have to move. Did the gymnasium help the school and the kids? Yes. Those two neighb s aze still there and are good friends of his. In 1987, the City decided that they wanted a City occer field. They said a good place for the soccer field was in Locke Park. The soccer prograrn runs all sumn7er long. People should park in Columbia Arena, but they do not. They park along e street. Northco Industrial Park also used the service road. The U.S. post office warehouse w there and trucks go out in the morn.i.ng and return in the afternoon. Councilmember Baznette said we are p of a city. He received a telephone ca11 on this particular project from someone who lived in He er Hills. This person did not realize the problems the builder had when building the homes in t azea because some of the neighbors did not want them there. He said "not in my backyard" d not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themsel es. They are part of a city. Things do change. We are a changing community. We are in a r evelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast i.n one. It was used though. Another area that was redeveloped was the azea of Totino High Schoo . It created traffic. Was it a good, positive t�ung for the community? Yes it was. Traffic patterns 'd change. Buildings and development changed. That was all part of a developing community. e did have to make some decisions and not everything had to be approved. It was a positive p oject. Was it the best thing that could go in there? He could not answer tha.� VJe do l�iow that 'f it was not rezoned, other things could go there. People have said to leave it alone. The wor was out that the property was for sale. Somebody would develop that properiy. He listened to at people have said. He was not saying tha.t he knew what was bes�. He believed Council was ch ged with making decisions. We had a representative govemment, and the residents did not get vote on every issue. They elected Council to do tha.t. They were charged on making the b t decisions they could on the best information they could with the best resources they could. He s 'd he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the reside s had to say. They continued the public hearing because there were traffic concems. As a City Co�ncil, they needed to look at what they were going to do. There was a fair amount of traffic on Ol Central. They needed to work with the County and County Commissioner Jim Kordiak to see i ere was anything they could do to move traffic i.n that azea. The developer made the build one st lower. They looked at parking and made some changes. Someone could build something else that property. She had a concern about the whole block being rezoned, but they did have an oppo �ty to watch the other area. Councilmember Billi.ngs thanked the neighbors for being involved in the pro� ss. Some significant changes were made to the project as a result. People were heard. ORDINANCE NO. 1183 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 azea within the CounTy of Anoka and the City of Fridley and described as: All of Block 1, Melody Manor Addition; and, That part of the east '/2 of the northwest '/.of Section 11,Township 30, Range 24 described as following:beginning at the intersection of south right-of-way line of 75� Avenue NE&southerly e�:tension of west line of Block 1 Osborne Manor,thence south along said extended 161.33 ft,thence east para11e1 with said right-of-way line 270 ft. +or- to Southerly e�ension of east line of said Block 1,thence north along said southerly extension to said south right-of-way line,thence west along said south right-of-way line to point of beginning, subject to easement of record. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SECTION 3. That the Zoning Administrator is directed to change the official zoning ma.p to show said tract or azea.to be rezoned from Zoned District R-1 (Single Family), and R-2(Two Family Units)to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCII.OF TT�CIT'Y OF FRIDLEY THIS 26�'DAY OF JANUARY, 2004. �� SCOTT J.LUND-MAYOR ATTEST: �� DEBRA A. SKOGEN-C CLERK Public Hearing: January 5,2004 First Reading: January 5, 2004 Second Reading: January 26,2004 Publication: February 5,2004 ATTACHMENT 1 No stipulations were required as a result of this Rezoning Request ZOA#03-04. ABSTRACT Receipt# Q � - � � Incorrect/No Reference# ��7� , ��:2 � Non-standardDocument Date/Time �L_^�� J DOCUMENT N0. ❑ Certified Copy/ 19 0 8 2 0 8 . 0 AB S TRACT Document Order�of ANOKA COUNTY MINNESOTA PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE � FOR RECORD ON Recordability MAR 2 5 2 0 04 AT 4 �7 pM AND WAS DULY RECORDED. Filing Fees $ �0�� FEES AND 7�ES IN THEAMOUNT OF PAID. Copy/Additional Pg Fees $ ❑ Tax Lien/Release $2 U . 0 0 ❑ Transfer 2004049346 RECEIPT N0. Well Cert Fees $ � Division MAUREENJ.DEVINE � Incomplete Form ❑ Status ANOKACOUN7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment ❑ New legal Description PAF � No Legal Description ❑ GAC By DEPUIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROF7ITLES � Non-existent Legal Description ❑ Deferred Specials � Part(s) Illegible �No Change