Loading...
ZOA03-03 � + � � �� /'�'l ( �<1_SS/��� `S � � 3 -� � - � �1 -31 -oo�t� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Rezoning Request, ZOA#03-03 Owner: Tamarisk Resources Inc. 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 subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To create two separate lots to rezone property from C-2, General Business, C-1, Local Business, M-1, Light Industrial, and C-R1, General Office, to S-2 Redevelopment District, to accommodate redevelopment, legally described as Lot 3, Auditor's Subdivision No. 88, except southerly 399 feet of said lot, except road, subject to easement of record, generally located at 1282 Mississippi Street NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 26 stipulations. See City Council Meeting Minutes of January, 5 & 26, 2004, and November 24, 2003. 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 subdivision 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 subscrib�d my hand at the City of Fridley, Minnesota, in the County of Anoka on the�day of (�� , 2004. DRAFTED BY: City of Fridley n� 6431 University Avenue N.E. �b� Fridley, MN 55432 Debra A. Skogen, City Clerk , , -� , �,: .. : �. � . �., , �'. (SEAL) �� . �_ . � �,. " , • 4� � � , �, � � �'t�t�� .. . � �.% 9 �' � FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 26,2004 PAGE 13 20. ORDINANCE NO. 1184 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY NIINNESOTA BY MAKING A CHANGE IN ZOI�TING DISTRICTS (REZONING REQUEST, ZOA #03-02, BY TOWN CENTER DEVELOPMENT (WARD 2). MOTION by Councilmember Billings to waive the reading and adopt Ordinance No. 1184 on second reading. Seconded by Councilmember Wolfe. Councilmember Bolkcom asked if there had been any changes to any of the stipulations. Mr. Hickok said there had not. He said there was a clarification on Stipulation No. 1 just so that it was clear that what was approved was the three-story design as opposed to the four-story design. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER WOLFE VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. NEW BUSINESS: 21. SPEC�AL USE PERMIT RE iTEST SP #03-24 BY WALLBOARD INC. TO ALLO LIMITED OUTDOOR STOR.AGE IN A HEAVY INDUSTRIAL ZO1vING DISTRI T GENERALLY LOCATED AT 5346 INDUSTRIAL BOULEVARD N.E. ARD Mr. Scott Hickok, mmunity Development Director, said the request was for a special use permit to allow limited out oor storage in the side and rear yards at Wallboard, Inc., 5346 Industrial Boulevard N.E. The etitioner wanted to store steel studs and other accessories related to the building trade which w e used for the business. The property was zoned M-2, Heavy Industrial. The City Code allowed lunited outdoor storage in the industrial districts with a special use permit as long as nine specific ode requirements were met. Those specific requirements related to height, screening, parking, ount of outdoor storage, and the types of materials allowed to be stored outside. Petitioner ked to be allowed to continue the existing outdoor activity on the property. Drywall, insulatio and other building materials were stored inside. Steel studs and other accessories related to the�building trade were stored outside. The perimeter of the property . was fenced and landscaped. Th petitioner planned on installing slats in the existing cyclone fence to meet the outdoor storage scree�' g requirement. Mr. Hickok said the Planning Co �ssion held a public hearing on this request on January 7, 2004. During the public hearing, Pe 'tioner stated that when she bought the property in 1994, she received a letter from the City which s ted that outdoor storage could not exceed 15 feet in height. The existing outdoor storage on her sit\was 15 feet in height and she was unable to meet the 12 foot height requirement. The letter she received from the City stated that material, motor vehicles, and equipment could not exceed 15 feet�n height for incidental outdoor storage. The outdoor storage on this property has never been incic�ental. In order for the Petitioner to exceed the 12-foot \ � � ORDINANCE NO. 1184 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 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 area within the County of Anoka and the City of Fridley and described as: 1282 Mississippi Street and 6490 Central Avenue: Lot 1, 2, & 3, Auditor's Subdivision No. 88, except road, subject to easement of record. 6400 Central Avenue, 6352 Central Avenue, 6300 Central Avenue, and 1271 East Moore Lake Drive: Lots 1-5, Block l, Herwal Rice Creek Terrace, subject to easement of record. Is hereby designated to be in the Zoned District S-2 (Redevelopment District). SE CTION 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 C-1 (Local Business), C-2 (General Business), C-Rl (General Office), and M-1 (Light Industrial)to S-2 (Redevelopment District). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26�DAY OF JANUARY 2004. ,a�G��[ SCOTT . LUND—MAYOR ATTEST: � DEBRA A. SKOGEN—C Y CLERK Public Hearing: January 5, 2004 First Reading: January 5, 2004 Second Reading: January 26, 2004 Publication: February 5, 2004 FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 6 , . , Councilmember Bolkco said she just wanted to make sure American Tower was willing to work with staff. She asked th to provide a copy of the study that was taken. Mr. Hall said they did not have the actual soil boring tests that were done. They did have the tower manufacturer's rawings that showed the strength of the tower and showed that additional providers could go on e tower. Councilmember Bo �com said the stipulations said a soil boring and foot analysis needed to be provided. She asked i they were necessary. Mr. Hickok, Comm 'ty Development Director, said they needed that information and would work with the petiti ner. Mayor Lund said i the tower was found not to collapse upon itself as the code required, the building permit wo ld not go forward and they would need to go with some other plan. Mr. Ha11 said they ere able to locate the manufacturer's drawings. The pole that was used was designed to collaps upon itself. MOTION by Co cilmember Bolkcom to approve Special Use Permit, SP #03-21, by AT&T Wireless with the llowing four stipulations: 1. The petitioner to provide the City with a history on this telecomm 'cations tower and when the installation took place; 2. The petitioner to provide the City th structural plans on how the tower will break apart in the event that it would fall over. (Code r quires towers to collapse upon themselves rather than tipping in extreme wind conditions.); 3. The petitioner to provide the City with a soil report and footing analysis indicating that th existing soils and footings can support the tower; and 4. A landscape plan showing how the xisting ground control structure will be fenced and screened shall be submitted and approved by e City prior to issuance of a building pernut for the new antenna. Seconded by Councilmember arnette. UPON A VOI E VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TI�E MOTION C�D UNANIMOUSLY. PUBLIC HEARINGS: 14. CONSIDERATION OF A REZONING REQUEST, ZOA #03-02, BY TOWN CENTER DEVELOPMENT. LLC, TO REZONE PROPERTY FROM C-1, L_OCAL BUSINESS, TO C-2, GENER.AL BUSINESS, M-1, LIGHT INDUSTRIAL,_AND C- Rl, GENERAL OFFICE, TO S-2, REDEVELOPMENT DISTRICT, TO ACCOMMODATE REDEVELOPMENT. GENERALLY LOCATED AT 1282 MISSISSIPPI STR�ET; 6490, 6400, 6352 AND 6300 CENTRAL AVENITE; AND 1271 EAST MOORE LAKE DRIVE (WARD 21 (CONTINUED DECEMBER 8, �20031• FRIDLEY CITY COLTNCIL MEETING MINUTES OF JANUARY 5, 2004 _ PAGE 5 � . i cities conducted sewer inspections and to let Council know what � charged and what the inspections included. Councilmember Bolkcom asked that Item No. 2 be removed to th regular agenda. No one in the audience spoke regarding the consent agenda ite 's. � MOTION by Councilmember Barnette to adopt the propo�ed consent agenda with the removal of Item No. 2 and with the corrections to the minutes an to Agenda Item No. 10. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING A , MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to dopt the agenda with the addition of Item No. 2. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL V03'ING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�IMOUSL . STATE LEGISLATIVE UPDATE. There were no State legislative me ers present. OPEN FORUM: There was no response from the udience under this item of business. NEW BUSINESS: 2. SPECIAL USE P RMIT RE UEST SP #03-21 BY AT&T WIRELESS AND AMERICAN TO TO ALLOW A TELECOMMiJNICATION TOWER IN A M-2 HEAVY USTRIAL ZONING DISTRICT UNDER THE M-2 I3EAVY INDUSTRIAL ZONING CODE, SECTION 205.18.1.C(31(71, GENERALLY LOCATED A'I�5330 INDUSTRIAL BOULEVARD N.E. ARD 3 . Councilmember Bolkcom asked if they were comforta.ble with the fencing and the landscaping. She expressed some �oncems about the change in nazne. Mr. Jason Hall, a r presentative of American Tower who was a contractor for AT&T, said if the landscaping and encing were recommended, they would do it. The Planning Commission recommended ap roval of the request with four conditions. He had the necessary information for staff and Counci to review. Although the landscape plan was generic, they were willing to work with staff on th species of plantings and the location FIZIDL�Y CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 7 � 15. CONSIDERATION OF A PRELIMINARY PLAT REOUEST,PS #03-08, BY TOWN CENTER DEVELOPMENT. LLC, TO CREATE TWO SEPARATE LOTS TO ALLOW FOR THE CONSTRUCTION OF A SENIOR HOUSING DEVELOPMENT, GENER.ALLY LOCATED AT 1282 MISSISSIPPI STREET AND 6490 CENTRAL AVENUE (WARD 2)(CONTINUED DECEMBER 8,2003). MOTION by Councilmember Wolfe to reopen the above public hearings. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1�tIMOUSLY. Councilmember Billings asked if the public hearing on the rezoning request and the preliminary plat request should be opened together. Mayor Lund agreed. Mr. Scott Hickok, Community Development Director, said Town Center Development requested two separate land use actions in order to construct a 55-unit, owner-occupied senior condominium building at 6490 Central Avenue. The plat was being requested to create two new pazcels from 1282 Mississippi Street and 6490 Central Avenue and the vacant lots south. The petitioner also requested rezoning for the west side of Central Avenue between Mississippi Street and East Moore Lake Drive. The zoning in the area was mixed. He described the plat and rezoning area. Anoka County stated that a 120 foot right-of-way corridor would be required for Central Avenue and Mississippi Street in order to provide necessary turn lanes for future safety and operational purposes. Roadway dedications for this site were 30 feet adjacent to Mississippi Street and 10 feet adjacent to Central Avenue. The County requested that both of the right-of-ways be dedicated. Mr. Hickok said with respect to tr�c analysis, staff used a number of sources to determine the possible impacts a 55-unit, owner-occupied, senior building would have on local traffic patterns. In addition to discussions with Ms. Jane Pemble, Anoka County Traffic Engineering Manager, staff examined the Institute of Traffic Engineer's Trip Generation manual, consulted the transportation chapter of the City's Comprehensive Plan, and reviewed the traffic study supplied by Loucks & Associates. Ms. Pemble indicated that the County had no current plans or allocated funding to reconstruct, provide safety improvements or to signalize the Central Avenue/Mississippi Street intersection. Mr. Hickok said the 4th edition of the Institute of Traffic Engineer's (ITE) Trip Generation manual did not have a specific category for senior residential townhomes. Staff reviewed the traffic generation numbers for residential condominiums which were not age-specific, so the numbers provided included people of all ages and family sizes. The numbers provided by the ITE Trip Generation manual may be viewed as the worse case scenario for the number of trips to be generated by a proposed development. The ITE manual stated that 5.85 trips per day should be expected for residential condominiums. A trip meant any vehicle entering or leaving the complex. The impact of the vehicles on the surrounding roadways was negligible. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 � Y'AGE 8 ' Mr. Hickok said staff also used the Transportation Chapter of the Comprehensive Plan to analyze traffic for this development. The Comprehensive Plan indicated that in 2001, the portion of Old Central adjacent to the proposed project carried 8,000 trips per day. At this traffic level, it was canying 57% of the traffic for which the roadway was designed and constructed to function at a Level of Service D. The Comprehensive Plan anticipated Old Central carrying over 10,000 vehicles per day by the year 2020. At this level, Old Central would be carrying 71% of the maximum amount of the traffic for which the roadway was designed. Mr. Hickok said that Town Center Development hired the engineering planning firm of Loucks & Associates to perform additional tr�c analysis. The consultants viewed the numbers for a retirement community in the ITE Trip Generation manual and determined that the proposed complex would generate a total of 165 trips per day, which might be low. The true number of trips per day likely fell between 165 trips per day and 322 trips per day. The Planning Commission held a public hearing on this item on November 5, 2003. The Planning Commission added an additional stipulation requiring the developer to plant additional lazge trees along the property line and that the developer share the new landscape plan with the neighbors. The new landscape plan was prepazed and presented. It included losing some existing trees and planting ten additional evergreens that were 8 to 12 feet in height. Mr. Hickok said that at its November 24, 2003, City Council meeting, Council tabled action on this item for fuxther traffic analysis. Further analysis indicated no impact to the functioning of the roadways or intersections. The developer did meet with the neighbors to address neighborhood concerns. As a result of the meeting, a three-level design was proposed. Mr. Hickok said the petitioner hired Traffic Data, Inc., to prepare a detailed study of the roads and intersections surrounding the project. Under all scenarios, the functioning of the roadways and intersections would not be negatively impacted by the senior development. No signals or roadway improvements would be needed to accommodate traffic from this development. The study numbers were similar to City traffic counts. Staff conducted tr�c counts on Pierce Street. The tr�c counts were conducted from Monday, December 8, 2003, through Tuesday, December 9, 2003. Anoka County counts indicated that there were 6,500 cars per day on Mississippi Street west of Old Central. On Old Central north of Mississippi Street, there were 9,000 cars per day. Old Central Avenue south of Mississippi Street had 8,260 cars per day. Mr. Hickok said that with respect to the ITE Trip Generation manual, a new ITE manual was published in December, 2003. That information now included a senior adult housing category. For 55 units, it indicated a trip generation of 191 daily trips. The ITE manual was a national survey of developments to deternune a realistic average. Mr. Hickok stated that the redesigned site plan was the result of a meeting held at Sandee's Restaurant with surrounding neighbors. The redesigned plan eliminated one of the units, so there were now 54 units and was now three stories instead of four. All of the site specifics worked except that one of the drive-outs on the site was only 20 feet wide. Two-way traffic needed a 25 foot drive-out. There was space to widen that. Staff recommended approval of Rezoning Request, ZOA #03-03 and the accompanying site plan for the senior building with 26 stipulations. The FFtIDLEY CI'�'Y COUNCIL MEETING MINUTE5 OF JANUARY 5,2004 PAGE 9 . proposed rezoning was consistent with the Comprehensive Plan, and it provided housing opportunities for Fridley seniors. Staff recommended approval of Preliminary Plat Request, PS #03-08 with 26 stipulations. Councilmember Bolkcom asked about the different levels of service. Mr. Hickok said the level of service had a gradation scale similar to grading school papers. The letters A through F were gradation for levels of service at intersections. Grade A would be the best. Traffic engineers talked in terms of a.m. and p.m. peak times when they are looking at intersections. If the traffic did not move well during those periods, it would not move well during the mid-day periods. At the point where the level of service got to be unacceptable, alterations needed to be considered at an intersection. The tr�c analysis showed there would be no drop in the level of service based on this development. Mr. Jon Haukaas, Public Works Director, said that a big factor in level of service was delay time. Level of Service A was a free-flow condition. Level F had a significant backup. Level B was very good with minor delays, probably at the worst times. Level C might mean six to ten cars at a four- way stop and it was still considered a very acceptable level of service. Councilmember Bolkcom said it only took into account the intersections. It did not include driveways. Mr. Haukaas agreed. Councilmember Bolkcom said asked what the Level of Service was for the intersection of 57�' and University Avenues. Mr. Haukaas said that 57�'Avenue was at a Level of Service D. Councilmember Wolfe asked what the intersection was at the end of Moore Lake. Mr. Haukaas said he did not know. Councilmember Wolfe said that at one time it was an issue. After the azea was redeveloped, it became an F. He said the development was not going to change anything. Councilmember Barnette asked how the new plan affected the underground pazking. Mr. Hickok said it broadened the footprint of the building. Initially there were 51 parking spaces below the building and there was an exterior detached garage that included 4 garage stalls. The new footprint included 64 below ground stalls. It also added storage space in the building. Councilmember Bolkcom asked Mr. Hickok to explain a document Council received regarding the condominiums. FRIDLEY CITY COUNCIL 11'IEETING MINUTES OF JANUARY 5, 2004 PAGE 10 - . Mr. Hickok said it was a draft document that discussed the rules and guidelines for the proposed residential development. He said he had three copies that were available for review. The document specifically stated who qualified to live in the development. There was a 55 yeaz minimum requirement to qualify for this development. It also addressed another question regazding the next generation of buyers or what would happen if the development was no longer owner-occupied. It allowed a maximum of five percent of the units, or 5 units, to become rental. There was a process, however,that had to be followed. It was their intent to have 90 percent of the units owner-occupied. Councilmember Wolfe said there had been discussions about widening Highway 65 to three lanes and asked how that would affect the traffic flow. Mr. Hickok said part of the planning process by traffic engineers was to deternune destinations. The purpose for broadening a highway like Highway 65 was to handle capacity and move the traffic. If there were other destinations off the highway that would draw people away via Mississippi Street, that would be a concern. Broadening the roadway would help the situation and allow people to get from point A to point B quicker. Councilmember Wolfe stated it was said there was virtually no traffic going between the north and south Medtronic developments because they had their own shuttle. Mr. Hickok said when the Medtronic development came to Fridley, one of the things they were asked to do because of the traffic demands that might be generated was to look at alternative modes of transportation. They encouraged staggered start times and a number of different things, includ.ing shuttles between their north and south development. MOTION by Councilmember Billings to receive a letter dated January 4, 2004, from Rhonda and Jim Rusinak, 5412 Pierce Street N.E. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNArTIMOUSLY. Mr. Richarct Whinnery, Town Center Development; Mr. John Christen, Christen Art Design; and Mr. Mike Stokart, Traffic Data, Inc., introduced themselves. Mr. Whinnery said they met with the residents. During the meeting they discussed the landscaping plan and it was accepted the way it was presented. They lowered the building to three stories and did a tr�c study that showed there would be little or no impact by the proposed development. Mr. Christen said the underground parking azea had 18 additional spaces. There were 54 units and 72 underground parking stalls and 53 above-ground stalls, for a total of 125 parking stalls. Mr. Stokart mentioned that there wa.s no data available, and that was what they based the study on. There was a specific item that talked about senior adult housing. They also reviewed what would be a worse case scenario, and they felt that would be a large office complex. Under that worse FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5. 2004 PAGE 11 case scenario, it would be operating at an acceptable level of service pursuant to traffic engineering guidelines. Councilmember Bolkcom said the problem was not just at the intersections, but with people getting out of their driveways. She asked if anything had been done on that. Mr. Stokart said nothing was done with that because traffic congestion was at major intersections. He thought the traffic impact would not be noticeable. Councilmember Bolkcom said Mr. Whinnery provided addresses for other developments. She went and looked at three and did not think any where similar. Mr. Christen suggested a building in Maple Grove. Ms. Joan Olson, 6320 Van Buren Street N.E., said she did not agree with the information about senior drivers. She said she had kept track and her and her husband generated between 16 to 18 trips per day. The building had no amenities. There was no pazk, golf course, or swimming pool neaz by. There was nothing in the azea. Traffic on Old Central was congested. There were no breaks in the traffic because there were no stoplights. Ms. Jean Schwartz, 1372—64�'Avenue N.E., said that according to the S-2 redevelopment district regulations, if this was approved, they would need a special use permit for several9 foot parking stalls. She said a developer must establish a legitimate reason for rezoning. The City was under no obligation to rezone. If the area wa.s zoned S-2, it would make it very easy for a developer to build. It bothered her that the Planning Department suggested that land beyond the project be rezoned. Since the names on the plans seemed to be City staff, she thought it was obvious who really developed the City's Comprehensive Plan. Since there was high attendance at Council meetings where high density housing was an issue, it should be cleaz where the residents actually stand. The Comprehensive Plan called for multi-family residential housing to decrease from 1999 to 2020. Some cities have gone against the Met Council in favor of the residents' opinions. She asked what was more important, the Met Council's opinion or the concerns of their constituents. With the rezoning to S-2 going beyond the project, they would be setting a precedent. That land will be rezoned for multiple dwellings and for redevelopment. Ms. Pam Reynolds, 1241 Norton Avenue N.E. Said that after the redevelopment on Norton Avenue, the Comprehensive Plan was something she looked at daily. The Comprehensive Plan talked about change of chazacter within a neighborhood. The Comprehensive Plan also said that the developer must make it clear that the project would benefit the neighborhood. Members of the neighborhood had been at meetings saying they did not want the project. Once the zoning was changed, they could do whatever they wanted. The Comprehensive Plan said the developer was the one who had to prove that the zoning was necessary and he did not prove that. The demographics regarding senior citizens in Fridley, the State of Minnesota and in all of the 188 cities encompassed by the Metropolitan Council did not prove the need for this kind of project. If the zoning was changed to S-2, the character of the neighborhood would change, and the Comprehensive Plan said that they should avoid changing the character of the neighborhood. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 12 ' • Ms. Cindy Mabel, 1214 Norton Avenue N.E., said she traveled on Old Central every day. She said it was already busy. She said they needed to think about how society was changing. She did not think City staff was working for the residents. There were other areas that were better suited. She asked if it was the will of the people or the will of the Metropolitan Council. They did not want the project and did not think that Central Avenue could handle the traffic. Mr. Gary Brown said his family owned the subject property for over 20 years. The property had been zoned commercial since about 1957-58. They felt that developing the land into a senior facility was a good mix for the neighborhood. Central Avenue did carry a lot of traffic during rush hour, so did a lot of roads. Concern was expressed when the Credit Union was built, when the Fire Department was built, and when the athletic club was built. That was progress. The City needed to grow and change. They needed to make a decision if they wanted to have senior housing in Fridley. It was time to develop the property and this was a quality project. Councilmember Barnette asked if City staff coerced or encouraged them to sell their property. Mr. Brown said they did not. Mr. Kurt Olson, 1385 — 64�' Avenue N.E., said the developer who was looking at developing on the east side of Old Central told him that someone from City planning, told him to talk to all the neighbors because there was an alley easement and see if they were willing to sell their properties. Councilmember Barnette said they were talking about the current project. Mr. Olson said someone may have gotten that idea from what he was told. He did not like the idea of the S-2 zoning for the whole block. If something was going to go there, he would rather have it be seniors than anything else. At the last meeting they said there would not be any rental units. Now, they were saying S percent or 5 units. If it was passed, he would like there to be no rental. There should also be a stipulation that when they planted the trees, if the trees died within two or three yeazs,the development or the developer had to take care of the problem. � Mr. Mark Schwartz, 1372—64�'Avenue N.E., asked why the rest of the.block was rezoned. Mayor Lund said it was necessary because if not, it would be considered be spot zoning. Mr. Schwartz said he did not understand that. Ms. Andrea Olson, 1385 —64�'Avenue N.E., said it did not seem necessary to rezone the area that was not part of the project. By opening up S-2 zoning, they would be leaving themselves with less ground to manage what someone might do with the property. She appreciated that the developer brought the building down to a lower level. It would have less of an impact. That did not mean it was right for the neighborhood. It was a residential area. Councilmember Bolkcom said that the way it was zoned now, they could put something much bigger there and there would be nothing they could do about it. The way it was zoned now, they could ask for a building permit, and as long as it fit into the footprint,they could put something in. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 13 Ms. Olson said it was not only creating a precedent for the neighborhood but for the entire city. TrafF c in the area was crazy. Mr. Hickok said the first speaker talked about the data on the 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 shoveling. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go through the site plan. The information they have been provided was that the parking was going to be adequate and the stall dimension proper. Mr. Hickok said there was discussion about the Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone who was at the meetings had an opportunity to speak and be involved in the process. He was encouraged by the amount of interest in the Comprehensive Plan, and he thought they should be interested in it. It was important to understand that beyond the people who were 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 discussions at the Comprehensive Plan meetings was senior housing and the opportunity it would provide seniors to say in the community. Mr. Hickok said a question was brought up about rental units. It appeared that the project would allow up to 10 percent or up to 5 units. That would be governed by the body of the association. There was a question about trees and landscaping. Trees when planted as part of a master plan development needed to live. They were very specific about trees i.n the landscape plan. The zoni.ng was consistent with standard zoning practices used in the past. Mr. Hickok said there was a concem about the development across the street and City staff sending someone out to buy property. A gentleman came in and was interested in rezoning the north end of the block. Staff asked him to look at the history across the street and the discussions that had taken place. It was explained to him how spot zoning worked and what the standard practices had been and what would be a proper zoning request. They had not received a formal development proposal. Councilmember Bolkcom asked if parking stalls were normally 9 feet wide. Mr. Hickok said in residential projects it was not uncommon to see a 9-foot pazking stall. The City did have the discretion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the plan at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, and turn-over in a senior complex like this was proven to be low. Councilmember Bolkcom asked about spot zoning. Mr. Hickok said there would be different opinions about what was and was not spot zoning, so what they relied on was the standazd practices of the City and what the City had done historically in making 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 1� . Councilmember Bolkcom said she did not understand 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 Comprehensive 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. What 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 the zoning for someone who was already there needed to be changed. Nothing was going to be done 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 Attorney if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Attorney, said the idea behind spot zoning was you were not supposed to be taking and rezoning on a case-by-case, development-by-development basis. They were supposed to base their decision on not only the needs of a particular development but the needs of the City. If there was a block 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 detemune if additional rezoning was necessary as part of the process. When Courts reviewed these decisions, one of the things they looked at was boundaries and whether they were rational. In order to protect the needs of the City, they needed to look beyond the single site for redevelopment and determine, based on the Comprehensive Plan, whether it made sense to extend the zoning beyond what was being requested. Mr. Hickok said someone in the audience said the developer must prove there was a need. The developer did a housing study to determine the demographics for the area, what the market demand was for senior housing, and what the market would bear in terms of price for the units. They used a reputable firm to conduct the survey. The response proved that not only was there a demand here but the units were in a healthy price range. MOTION by Councilmember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary Plat Request,PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAl�TIMOUSLY. 16. CONSIDERATION OF A �,tEZONING REOUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE�MULTIPLE PROPERTIES FROM R-2, TWO FAMILY iJNITS TO R-3 C�ENERAL MULTIPLE UNITS GENERALLY LOCATED AT 351 —74 AVENU 361 —74 AVENUE 371 —74 AVENUE 389 — 74 AVENUE 415 — 75 AVEN 7400 LYRIC LANE 350 — 75 AVENUE 460—75 AVENUE, 450—75 AVE1�E AND 476—75 AVENUE (WARD 1). � , , , t+RI�LEY CI�'Y COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 17 UPON A OICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIO CARRIED UNANIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAHING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-02, BY TOWN CENTER DEVELOPMENT (WARD 2). MOTION by Councilmember Wolfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember Barnette. Councilmember Barnette said he would like to make a few comments on this issue. About a year ago, there was another rezoning issue and there were problems. He wanted to make sure with this rezoning that the bases were covered. He attended the Planning Commission meetings, the Council meetings, and the neighborhood 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 these issues were a done deal before they ever started. That was not true. Another comment made was that it would bring commotion to the neighborhood and they wanted the neighborhood to stay the way it was. People said this was going to set a precedent. A person who lived near the site mentioned that because of the height of the building, they would have to look at the lights from the building. Tr�c concerns were expressed. Councilmember Barnette said when he was in 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 of that book came from?" He found out the title came from a English philosopher by the name of John Dunn. Councilmember Barnette said people asked him over and over again, if he would want this in his back yard. He said he and his wife had lived in Fridley since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Street was a dirt road and did not go all the way through. The City blacktopped the road and brought more traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very quiet street. In 1967, the City built the City garage about one block from his house. Every single vehicle from the City went in and out of there. The tornado hit in 1965, but another major thing that was happening in Fridley at that time was University Avenue was widened to four lanes, which created a lot more traffic. So much so, that his neighborhood became very busy. He went around his neighborhood with a petition to ask the State to put a semaphore in so they could get out of their neighborhood. The State said it did not meet the criteria but that they would pay for part of it. The State paid for 50%, the County 25% and the residents on either side of 69�' Avenue paid the other 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an ice arena in that area. The traffic for the arena went right by his intersection and it became harder and 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, they would move. The City built the complex. This last summer he was watching some softball games during the `49er Days FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5. 2004 PAGE 1$ � � tournament and the same neighbors were there. One neighbor told him he was watching his grandchildren play and thought it was great that he could walk over to the park. In the 1980s, Woodcrest Baptist Church started a school. They also decided that they wanted a gymnasium 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 would have to move. Did the gymnasium help the school and the kids? Yes. Those two neighbors are still there and aze good friends of his. In 1987, the City decided that they wanted a City soccer 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 the street. Northco Industrial Park also used the service road. The U.S. post office warehouse was there and trucks go out in the morning and return in the afternoon. Councilmember Barnette said we are part of a city. He received a telephone call on this particular project from someone who lived in Heather Hills. This person did not realize the problems the builder had when building the homes in that area because some of the neighbors did not want them there. He said "not in my backyard" did not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themselves. They are part of a city. Things do change. We are a changing community. We are in a redevelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in stone. It was used though. Another area that was redeveloped was the area of Totino High School. It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns did change. Buildings and development changed. That was all part of a developing community. We did have to make some decisions and not everything had to be approved. It was a positive project. Was it the best thing that could go in there? He could not answer that. We do know that if it was not rezoned, other things could go there. People have said to lea�e it alone. The word was out that the property was for sale. Somebody would develop that property. He listened to what people have said. He was not saying that he knew what was best. He believed Council was charged with making decisions. We had a representative government, and the residents did not get to vote on every issue. They elected Council to do that. They were charged on making the best decisions they could on the best information they could with the best resources they could. He said he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the residents had to say. They continued the public hearing because there were traffic concerns. As a City Council, they needed to look at what they were going to do. There was a fair amount of traffic on Old Central. They needed to work with the County and County Commissioner Jim Kordiak to see if there was anything they could do to move traffic in that area. T'he developer made the build one story lower. They looked at parking and made some changes. Someone could build something else on that property. She had a concern about the whole block being rezoned, but they did have an opportunity to watch the other area. Councilmember Billings thanked the neighbors for being involved in the process. Some significant changes were made to the project as a result. People were heard. . FRI�LEY•CI'TY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 19 Councilmember Wolfe said over the last six months, they have heard clearly from the residents that the Comprehensive Plan was not very good. He could not support the project because he has seen the traffic and believed the neighborhood made their wishes very clear. Mayor Lund said it would be good for seniors. The S-2 rezoning allowed some latitude and greater use of restrictions. It was appropriate for the block. He did not feel tied to the Met Council for this specific request, beyond the legally-required minimums. The developer had been considerate. The building was lowered one story. The request was not staff-driven. Staff was equally helpful to developers and residents by being courteous and providing information. There was a small number of the units that could be rented, but that was very common. After considering the request, he would vote to approve the request. Mr. Hickok asked if they could specify in their motion whether approval was based on the three- level or four-level master plan. UPON A VOICE VOTE, COUNCILMEMBER WOLFE VOTING AYE AND MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED ON A 1 TO 4 VOTE. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading with the following stipulations: 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering firm. 2. Petitioner to obtain all necessary permits prior to conshuction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 � PAGE 2fl ' 10. Petitioner to obtain a permit from Anoka County for any work done within the County right-of- way. 11. Restoration of bike path along Central will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building pernuts. 16. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that 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 generated by the development including signalization or other improvements, if detemuned necessary by Anoka County. 24. A development agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. .FRIpLEY.CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 21 26. All drive aisles to be used for 2-way traffic sha11 be 25' width. It will also include the master plan which included three stories and 54 units. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. Mayor Lund asked if the preliminary plat request needed to be approved. Mr. Hickok said a motion to approve the preliminary plat was required. Councilmember Billings asked if they needed to officially amend the agenda to include the legislation. Attorney Knaak said they did. MOTION by Councilmember Billings to amend the agenda to include under New Business, Item No. 17A, Consideration of a Preliminary Plat Request, PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. � 17A. PRELIMINARY PLA RE UEST PS #03-08 BY TOWN CENTER DEVELOPMENT LLC O CREATE TWO SEPARATE LOTS TO ALLOW FOR THE CONSTRUCTION OF A SENIOR HOUSING DEVELOPMENT GENERALLY LOCATED T 1282 MISSISSIPPI STREET AND 6490 CENTRAL AVENUE (WARD 2). MOTION by Councilmember Bolkcom to prove Preliminary Plat Request, PS #03-08, by Town Center Development, LLC. Seconded by Co cilmember Billings. Mayor Lund asked if the stipulations needed to e included. Mr. Scott Hickok, Community Development Direc r, said they did. MOTION by Councilmember Bolkcom to amend e main motion to include the following stipulations: 1. Property to be developed in accordance with site plan, eet C2-1, dated October 29, 2003, by Loucks McLagan Engineering firm. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5,2004 PAGE 2� � 2. Petitioner to obtain a11 necessary permits prior to nstruction. 3. Petitioner to meet the attached comments from t e Fire Marshall. 4. Petitioner to meet all building and ADA requir ments. 5. Exterior remodeling plans for Sandee's to e reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be r moved prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter fr m the State Historical Preservation O�ce prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right- f-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located 'thin the County right-of-way. Any planting within the right-of-way to be approved by the ounty prior to planting. 10. Petitioner to obtain a permit from oka County for any work done within the County right-of- way. 11. Restoration of bike path along Ce tral will be required after completion of senior complex. 12. Petitioner shall identify pondin area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agree ent must be filed prior to issuance of building permits. 14. Petitioner shall obtain any requ' ed NPDES permit and provide NURP ponding for entire site. 15. City Engineering staff to revi and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewe and approved by City staff prior to issuance of building permit. 17. Petitioner to pay any required ark Dedication Fees. 18. Petitioner to provide City wit a copy of the building's association documents prior to issuance of a building permit. 19. Building to be restricted to eniors and policies to do such shall be outlined in association documents. , � .FRIDL•EY� CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 6 PUBLIC HEARINGS: 12. COrSIDERaTION OF A REZONING REQtiEST, ZOA #03-02, BY TOWN CENTER DEVELOP�IENT, LLC, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS; G2, GENERAL BUSINESS; M-1, LIGHT INDUSTRIAL; AND C-Rl, GENERAL OFFICE, TO S-2, REDEVELOPMENT DISTRICT, TO ACCONII�IODATE REDEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET; 6�t90, 6400, 6352 AND 6300 CENTRAL AVENUE; AND 1271 EAST MOORE LAKE DRIVE (WARD 2). MOTION bv Councilmember Billings to waive the readinj 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 iTivANIMOUSLY. Mr. Paul Bolin, Planning Coordinator, said he would do one presentation for Items 12 and 13 on the agenda. The petitioner was Town Center Deve?opment, LLC, from Maple Grove. Town Center Development requested two separate land use actions. The plat was being requested to create two new parcels from 1282 Mississippi Street, which was Tamarisk Resources, and 6490 Central Avenue, cunently Sandee's Restaurant and the vacant lot to the south. The petitioner also requested a rezoning for the west side of Central Avenue between Mississippi Street and East Moore Lake Drive. Town Center proposed to construct a four-story, fifty-five unit, senior, owner-occupied condominium complex south of Sandee's Restaurant. Sandee's Restaurant would be remodeled. The condominium units all had two bedrooms. Thirty-one units would be 1,138 square feet; eight would be 1,18� square feet; and sixteen would be 1,255 square feet. The development would include fifty-one underground parking stalls, four garage stalls and seventy additional surface parking stalls. A storm pond is also located on the south end of the project. There was a trail system and landscaping surrounding the property. Mr. Bolin discussed a drawing of the project. Mr. Bolin said in 1991 Mr. Tom Brickner requested a rezoning of the vacant land south of Sandee's Restaurant from C-1 and C-2 to R-3 which would allow general multiple family dwellings. At that time he planned to construct a forty-unit,three-story apartment building. That request failed because it was deemed to be spot zoning. Petitioner requested a rezoning for the west side of Central Avenue between Mississippi and East Moore Lake Drive. They sought to rezone the entire block to S-2, Redevelopment District. He said 1282 Mississippi Street was the Tamarisk house, 6490 Central was the property currently owned by Sandee's, 6400 Central was the property owned by Advance Companies, 6352 Central Avenue was owned by the Fridley Housing and Redevelopment Authority, 1271 East Moore Lake Drive was owned by the City, and 6300 Central Avenue was owned by Ziebart. The only properties proposed to be redeveloped were 1282 Mississippi Street and 6490 Central Avenue. The other properties would remain as-is. The City did have the authority to rezone property from one designated use to another as long as the zoning was in conformance with the Comprehensive Plan. In order for a rezoning to be viewed favorably, it must be in line with the City's vision laid out in the } FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 7 Comprehensive Plan. The proposed senior, owner-occupied, condominum complex and the rezoning of the property met several of the objectives the residents of Fridley identified in the visioning sessions for the Comprehensive Plan. The area of Old Central between Mississippi Street and Rice Creek Road was identified as an area for future redevelopment. The Comprehensive Plan specifically stated for that portion of Old Central, consideration should be made to replace the current mi�c of single family residential and commercial uses with higher density residential development that, together with the health club, would serve as an attractive residential location for move-up housing. The Comprehensive Plan also stated that for projects in these redevelopment areas that required rezoning, the S-2 zoning designation would be the appropriate zoning district to implement the redevelopment project. Mr. Bolin said Town Center Development also sought to replat 1282 Mississippi Street and 6490 Central Avenue to create two separate lots to accommodate Sandee's Restaurant and the senior building. He said the proposed Lot 1 would accommodate Sandee's Restaurant. Restaurants are typically zoned C-2, General Business. The proposed lot was 24,525 square feet, which exceeded the 20,000 square foot minimum lot area in a C-2 District: It also met the required number of parking stalls for a restaurant use of this size. Anoka County stated that a 120-foot, right-of-way corridor would be required for Central Avenue and Mississippi Street intersections for future work. The right-of-way dedication needed for this site was 30 feet adjacent to Mississippi Street and 10 feet adjacent to Central Avenue. Anoka County requested that both of the right-of-ways be dedicated at this time. After the right-of-way acquisition along both county roads, Sandee's Restaurant would be less than one foot from the north property line, 3 feet from the east property line and the parking setback would be 5 feet from the north property line. The right-of-way dedication would require the petitioner to remove the existing patio azea on the north side of the building. Due to the discretion given to Council in the S-2 Redevelopment District, the diminished setbacks could be recognized under this rezoning master plan approval. Mr. Bolin said that Lot 2, the proposed location for the senior building, was slightly under three acres in size. Because of the underground parking and the high water table in the area, the height of the building would be 51 feet at the midspan. The parking setback would be 10 feet from the property line on the east side of the property. Mr. Bolin said with respect to traffic, staff looked at a number of different sources to try to determine possible impacts. In addition to discussions with the Anoka County Traffic Engineer, they looked at the Institute of Traffic Engineer's Trip Generation Report, the transportation chapter of the Comprehensive Plan, and reviewed a traffic study supplied by the developer's engineering firm, Loucks & Associates. The County indicated that they had no plans to do anything with the intersection. In the Institute of Traffic Engineer's trip generation manual, there was no category specific to senior residential townhomes. They looked at the numbers for residential condominiums which were not age-specific. The numbers presented by the manual should be viewed as a worse case scenario for the number of trips because it included people of all ages and family sizes. The manual stated that for all residential condominiums, each unit typically generated 5.85 trips per day. A trip meant any vehicle entering or leaving the complex. A total of 322 vehicles would enter or leave the complex during the course of the day. When the data was further analyzed by time, the impacts on surrounding roadways become more negligible. Based on averages, during the morning rush hour between 7:00 a.m. and 9:00 a.m. . ' FRIDL•EY CITY COUNCIL MEETING MINUTES OF NOVENIBER 24,2003 PAGE 8 there �vould be 24.5 or 2� vehicle trips. Between the hours of 4:00 p.m. and 6:00 p.m., there would be about 30 vehicles entering or leaving the site. Mr. Bolin said in 2001 when the transportation chapter of the City's Comprehensive Plan was prepared, the portion of Old Central that was adjacent to the proposed senior condominiums camed 8,000 vehicles per day. At that traffic level, it was only carrying �7 percent of the traffic for which the roadway was desi?ned. The Comprehensive Plan anticipated Old Central carrying over 10,000 vehicles per day by the year 2020. The numbers were based on projected population increases. At 10,000 vehicles per day, Old Central would be carrying appro:cimately 71 percent of the maximum amount of traffic for which the roadway was designed. The developer's consultants determined there would be 165 trips per day which w-as similar to the amount of traffic generated by a retirement community, which might be too low. The true number of trips per day likely fell between 165 trips per day generated by the retirement community and 322 trips generated by the typical residential condominium complex. Mr. Bolin said the Planning Commission held a public hearing on November 5, 2003. They added a stipulation that required the developer to plant additional large trees along the property line and that the developer share the new landscape plan with the neighbors. The new landscaped plan included leaving some existing trees and planting 10 additional evergreen trees, 8 to 12 feet in height. The developer indicated that he had attempted to meet with the adjoining property owners late last week. Staff recommended approval of the rezoning request with 25 stipulations as follows: 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff piror to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamazisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 9 � 10. Petitioner to obtain a permit from Anoka County for any work done within the County right- of-way. 1 l. Restoration of bike path alon; Central will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES permit and provide NURP ponding for entire site. 1�. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that 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 generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A development agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative � ' FRIDL•EY CITY COLTiCIL iVIEETING MINUTES OF NOVEMBER 24, 2003 PAGE 10 screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. �Ir. Bolin said the proposed rezoninQ �vas consistent w-ith the Comprehensive Plan and it - provided additional housing opportunities for Fridley seniors. Staff recommended approval of the preliminary plat request subject to 2� stipulations. Councilmember Barnette asked how common it was for a petitioner to make a rezoning request for more land than what was aoing to be used. Mr. Scott Hickok, Community Development Director, said it was not that typical. In this case, there was a mix of zoning along that segment of Old Central Avenue. They have asked to have the zoning in that entire segment match the zoning that was designated in the land use plan of the Comprehensive Plan. As long as they had the concurrence of the adjacent property owners, they could do that. Councilmember Barnette asked if they had any indication or request from any other developer on any other kind of development in this area. Mr. Hickok said he was not aware of any other development. � Councilmember Wolfe said he had a problem with calling the development a retirement community. He also had a problem with the traffic issue because people who were 5� still worked. He asked if the developer met with the residents and wanted to know how the rezoning worked. Mr. Hickok the S-2 rezoning was the ultimate discretion because not only were they approving the site plan�r-hich served as the master plan for the north half of the block, but the south half of the block would remain questionable. It would take a master plan review and approval by Council to initiate any sort of project there. It matched the goals and redevelopment objectives of the Comprehensive Plan. Councilmember Wolfe said they discussed the Comprehensive Plan and the vision that the neighbors had. He had received many telephone calls from people and it sounded like none of them were part of the vision. He thought it would have an incredible affect on traffic. He asked when the traffic studies were done. Mr. Bolin said the traffic engineer's manual was the fourth edition which was printed in 1987. They are now in the process of updating the manual. Councilmember Wolfe said the manual was 16 years old. He thought this project would have a huge affect on the neighborhood. Mr. Hickok said they encouraged Council to look at the traffic numbers for the all-age condominum. It was important to understand that this manual was put together not �vith a random sample of a couple different units. That was the best manual available. FRIDLEY CITY COUNCIL NIEETING MINUTES OF NOVEMBER 24, 2003 PAGE 11 Councilmember VVolfe said more people are driving today. Councilmember Billin�s asked if the 32? number of vehicles per day was for condominium, residential, no restriction on age. Mr. Bolin said correct. Councilmember Billings asked what it was for a typical single family home. Mr. Bolin said 11 almost 12 trips. Councilmember Bi1linDs asked why there was such a difference between the two. Mr. Hickok said the ITE statistics were not speculative or projected. They were based on statistical data. Councilmember Billings said so using the 322 figure rather than ihe 165 was a more generous amount of traffic. He said the S-2 zoning was a special zoning, so any construction that would take place on any of the lots would have to go before the City Council. He asked if extensive remodeling could be done. � Mr. Hickok said any change to the site plan would be part of a master plan amendment that would need to be reviewed by the City Council. Councilmember Billings said under the rezoning, the sites would have to go through the same process that Town Center Development was going through. There would be a greater opportunity for the neighbors to know what was happening on those sites. Mr. Hickok said that was correct. Councilmember Bolkcom said with respect to the traffic study, it did not matter if it was a one or two bedroom unit. Mr. Bolin said it was broken down by unit type, such as condominiums versus townhomes. Councilmember Bolkcom asked what the most recent traffic counts were for Old Central and Mississippi Street and if they were readily available. Mr. Jon Haukaas,Public Works Director, said they had them from 2001. Councilmember Bolkcom said she was mystified that the traffic engineer manager from Anoka County said that it was not clear whether or not the development would have a significant impact on traffic volumes or turninQ volumes. Mr. Hickok said it was like a disclaimer. They were doing their best based on the information they had. . � FRIbL�EY CITY COUNCIL NIEETING MINUTES OF NOVEMBER 24, 2003 PAGE 12 Councilmember Bolkcom said they had the traffice volume numbers for Mississippi and Central, and they would know how many trips were generated by this type of development. Mr. Bolin said that he thouaht the County staff was tryin� to say that the� knew what the traffic counts were, without a more thorough analysis and more detailed information, they would only be speculating. Councilmember Bolkcom said they did want more right-of-way. Mr. Bolin a�reed. Ms. Tara Schaefer, 6391 Central Avenue N.E., said the project would be across the street from her home. She worked at night and slept until late morning and this would interrupt her sleep for two years, at least. She said there was a statistic of 10,000 cars a day on Old Central. She had two very small children. There were many near accidents on Old Central. She asked what would happen if there were not enough seniors for the complex. She wanted to know if it would be opened up to other people. Mr. Randy Johnson, 6336 Pierce Street N.E., asked if the project was going to be built no matter what was said. He said he thought they could only fight the height of the buildings. Mayor Lund said no decision had been made. It was just a public hearing. Councilmember Barnette said they were there to listen. Mr. Johnson said he did not want the project. He had two small children and Pierce Street was like a raceway. He asked how much traffic it would bring to the community. Councilmember Barnette asked Mr. Johnson if he thought the building on Central Avenue would affect traffic on Pierce. Mr. Johnson said he did. He said if the building did not fill up, they would let younger people move in. Councilmember Barnette said he asked that question at the Planning Commission meeting. He said when they took out the building permit,the building had to be for 55 and older and had to be owner-occupied. Mr. Johnson asked about the area south of the project. Councilmember Barnette said he asked if there were any plans for the area south of the project, and the answer was no. Mr. Johnson said it would bring commotion to their area. He said he picked the area because it was a small community. The only choice was for him and his family to move. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 " PAGE 13 ' Ms. Teresa Gibson, 12�5 — 66`h Avenue N.E., said she lived north of the project. She said she drove up Channel Road and turned left on Vlississippi in the morning during rush hour and it was dicey at bzst. She said there w�as an entrance from the project on to Mississippi and she did not think this w-ould be an improvement to the area. There were some apartments on Channel Road, and they were a problem. In some of the literature she received, a future proposal for a 100-unit apartment complex across the street was mentioned. Mr. Cash Burzynski, 618� Heather Place, said he was not opposed for rezoning to improve the tax base. He asked the City to measure the traffic that currently existed on Old Central Avenue. It was hard to get on to Old Central between 7:00 a.m. and 8:00 a.m. and betrveen 4:00 p.m. and �:00 p.m. in the afternoon. There was a lot of traffic from Medtronic. They were told originally that Highway 65 would be the main highway. Old Central has now become another highway. Not only passenger cars are usin� it, but heavy trucks. He said if the property was rezoned, it would not be long for the people at Ziebart or Advance Carpet to want to change and build condominiums or apartments. Councilmember Wolfe said Onan and Murphy were also in the area. Mr. Jim Rusinak, 6412 Pierce Street N.E., said once a precedent was set it became easier. In the area he lived in, there was no access to any parks without crossing major roads. He said there was one issue that had not been addressed and that was visitors. He asked about parking and whether the roads in the area would become overflow parking. There was a stipulation that the current owners had to abide by a stipulation that the residents had to be 55 or older. He asked what would happen if the owners sold to someone else and if they would be required to follow the same stipulation. Mr. Hickok said the project was a 55 or older project and would be filed as such. Mr. Mark Schwartz, 1372 - 64`h Avenue N.E., said he had concerns about any development in that area with respect to drainage. Drainage has been an ongoing problem. When the credit union was built, the problem got worse. He asked what would happen if Ziebart or Advance Carpet were rezoned and if someone could buy the property and make a request to build condominiums. Attorney Fritz Knaak, City Attomey, said there would be less discretion if it were zoned something else. Everyone had to be treated the same by the City, but this particulaz type of zoning was developed specifically to provide greater discretion by the City in the case of larger projects. Mr. Schwartz asked if in his opinion the developer would come back with a lawsuit. Mr. Knaak said he could not say whether someone would sue. He said for him it was a question of how defendable the City's position be. It would be far easier to win that kind of lawsuit with a S-2 type of zoning than it would be with other kinds of zoning. � � F�ZIDL�Y CITY COU�ICIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 14 Mr. Schwartz said at the Planning Commi�sion meeting it was stated that a six-story office building could ao there �vith the current zoning, but logically, it would probably not be built. He did not like the height of the buildin�. There were no other buildinas in that area that were that height. There were 1 ',�: and ? story buildinas and single family homes in that area. He asked if they were to receive a notice if they were within 3�0 feet. He did not receive a notice for the Council meetinQ and no one else did. Mr. Hickok said no mailin� was made. Mayor Lund said the mailing would have been before the Planning Commission meeting pursuant to State law. Mr. Schwartz said in the future, the distance should be extended to more than 350 feet. Mr. Knaak said it w�as pursuant to State law, but that was a minimum requirement. Mayor Lund asked if it could be extended. Mr. Knaak said if they chose to do so in and beyond all the other notices that were provided. He pointed out that if they failed to do that, it was not a basis for denial and it did not cause the procedure to fail. It was just additional notice that the statute required. Councilmember Wolfe said it had been discussed before. Mr. Schwartz said it seemed like it was being done hush-hush, instead of letting the people who owned property in the community and lived there know what was going on. Ms. Joan Olson, 6320 Van Buren Street N.E., said she was not personally affected by the project, but her son �vas. She asked how much property had been rezoned to S-2 in the last 3 '/z to 4 years. Mr. Hickok said he would make that information available. Ms. Olson asked why the map she had received had not been revised since January of 2000. If the property was zoned to R-3, would it be put on that land. Mr. Hickok said the project was built to R-3 standards even though they asked for a S-2 rezoning. Ms. Olson said she was against it and thought it would be detrimental to the neighbors. Mayor Lund asked if there were updated maps. Mr. Hickok said they had updated maps. Mr. Haukaas said they tried to have maps printed out at all times and they had current maps. � , FRIDLEY CITY COUNCIL vIEETING MINL'TES OF NOVEMBER 24, 2003 PAGE 15 Mr. Joe Randall, 1210 Vlississippi Street N.E., said he had lived at his address since 19�3. Traffic had arow-n tremendousl��. Several requests for zonina had also been turned down along Mississippi between Old Central and Hiahway 6�. He said he could not Qet out of his yard between 4:00 p.m. and 6:00 p.m. You could talk about statistics, but when you lived in the area, you saw things first-hand. He asked where the concern was for the people who lived in the area. They have maintained their properties, paid their taYes, and raised their kids. The project was for seniors, but he asked where thev �vould aet the money to live there. Mr. Charlie Kocourek, 6330 Arthur Street N.E., said people have talked about traffic and zoning, and it �vas said that the long-ranQe plan was for higher density housing in the area. He said the question was high density housinQ, not the zonina. Ms. Dorothy Pehl, 1260 Mississippi Street N.E. said she did not object to the building. The traffic would be a problem. One of the things the bothered her was that they said the neighbors in the area would be contacted, and no one had tried to contact her. She said they also had a sewer problem that needed to be addressed. They have talked to staff and the problem had been ignored. She asked what would happen if the new building came in and they had problems. Councilmember Billings asked Mr. Haukaas to check on the matter. Mr. Hickok said Mr. and Mrs. Pehl talked with them about one month ago. Staff did some research and responded two weeks ago. They indicated that they would be present at the meeting to ask Council to revisit the issue. Councilmember Bolkcom asked what staff's response was. Mr. Bolin said he spoke to Mr. and Mrs. Pehl after the Planning Commission meeting. He said they found that nothing had changed since 1992. The pipe was there and the as-built drawings they had on file showed a 30-foot easement. He said they could not find any more recent records regarding the easement on the pipes. He told them if he found any additional information, he would get back to them. He indicated that staff had not found any additional information. Ms. Pehl said no one had gotten in touch with them. Their initial request was to fill the sewer with cement and pipe it the way it should have been done. She said they were told they could not get the permit unless they signed an easement. They had all the records. The value of their property had dropped because they now had to disclose the information. Mayor Lund asked staff to come up with a solution and to contact Mr. and Mrs. Pehl. Mr. Tim Byrne, 6053 Woody Lane N.E., said the area was commercial and industrial. He did not think any of the people in the area had a say in the Comprehensive Plan because not a single person had said this was w-hat they wanted. It was improperly zoned. He thought it was misleading to say that there could be a siY-story office building there. There would not be any six-story office buildings. He asked how they could rewrite the Comprehensive Plan. The people in the area did not �vant a high-density housing corridor. Commercial and industrial was fine. It was his opinion that S-2 was a way of getting around the zoning law. He said nothing � � FRIDI:EY CITY COUNCIL vIEETING MINUTES OF NOVEMBER 24, 2003 PAGE 16 was beinb r�developed. With respect to traffic, at certain times of the day, EMTs and fire personnel could not Qet throu�h the traffic on Old Central. Someone needed to physically go to Old Central and look at the traffic. Ms. C. J. Smith, 6430 Dellwood Drive N.E., said she was w-omed about left turns. The projected development had two driveways coming out on to Central Avenue. Anyone who wanted to ao north w�ould have a hard time makin� a left turn. That was where the increase of traffic on Pierce Street �vould come from. People would be turning riaht and Qoin� around the block. She said it would also affect the people by Moore Lake. � i�Is. Susan Hall, 1491 Rice Creek Road N.E., said she was for redevelopment, especially in the area she lived. She felt uncomfortable with the S-2 zoning district, especially rezoning it beyond the project area. It did not seem to fit the neighborhood. She asked how the area would look when it was completed and if there were any design standards for the area or the overall corridor. She wanted to know what the vision for the area was. If it was going to be high density housing, it should be rezoned for that. Mr. Curt Olson, 1385 — 64`h Avenue N.E., said a majority of the residents on 64`h own one-acre lots. He was concerned about the lights from the complex shining into his yard. He said he was in the process of putting a major addition on his house, which he would not have been doing if he had known what was going to be built. If the project was going to go through, people would like to see the building shortened to three stories. The developer sent a revised site plan and their idea of what the Planning Commission called mature trees was apparently 8 to 12 foot pine trees. There were no four story buildings in the neighborhood and they did not want to see it. It was detrimental to their neighborhood. Ms. Rhonda Rusinak, 6412 Pierce Street N.E., said the project would be in her front yard. There was already high density in the neighborhood. They were concerned about tra�c when Moore Lake Commons was added. They tried to put up a sign to keep traffic out of the neighborhood which did not work. The neighborhood had absorbed the traffic, but 55 additional homes in this area would make traffic even worse. She was concerned about the value of her home. She was very disappointed that this was even thought about. Ms. Andrea Olson, 1385 — 64`� Avenue N.E., said she did not have a problem with the senior housing portion of the project but asked if it had to be a high-rise building. High-density housing was definitely an issue. People have spoken about the Comprehensive Plan and the fact that it appeazed that they did not have much input. This was something that needed to be addressed. It was being used as a guideline and the neighborhood did not vote for it. Traffic was a concern. Mr. Roy DeMars, 1464 Mississippi Street N.E., said the project would not fit into the neighborhood. They would be setting a precedent if they approved the project. He said high density was not right. Ms. Jean Schwartz, 1372 — 64`h Avenue N.E., said she was not opposed to senior housing, but she believed they would be settin� a precedent with a four-story building in this area. She asked why they needed more high density housing in Fridley when the two-bedroom apartment FRIDLEY CITY COUNCIL NIEETING MINUTES OF NOVEMBER 24,2003 PAGE 17 � vacancy riaht now ran between 12 and 16 percent. Rezonin� to S-2 was a major issue. People purchased their property knowinQ what the zoning currently was. It had been said that S-2 zoning would aive the City more control. It might give the City planning department and the City Council rnore control, but it gave the citizens almost none. They could go to Plannin� Commission meetings and City Council meetings, but most of what they said was dismissed. It took control away and also took the burden of proof off the developers. The Comprehensive Plan did not match with what the citizens wanted. Mr. Tom Myhra, 6360 Able Street N.E., co-chair of the Concerned Citizens of Fridley, said before the Planning Commission meeting he received a call about the development on Old Central Avenue. He went to the area and talked to some of the residents, and no one had heard a thing. He spoke with Mr. Hickok and asked why the residents had not been informed. Mr. Hickok told him it was going out. People should have been informed earlier. Many people have talked about the Comprehensive Plan and the Concerned Citizens of Fridley was working on that. Mr. Virgil Okeson, 1423 — 64`� Avenue N.E., said he agreed with a lot of things that had been said at the meeting. He did not have anything against senior housing, but he had experienced the problems his neighborhood had in getting on Old Central in the morning and the latter part of the day. He was concerned about the additional traffic. Also, the driveway for the facility would probably be straight across from 64`h Avenue and the height of the building was too high. It did not fit into the neighborhood. - Mr. Richard Whinnery, Town Center Development, said they were at the meeting to make a presentation. Mr. John Klick, Klick Inter Arch Designs, said he was the architect for the project. The proposed project, 55 senior condominium units, not only contained the condominiums, but each floor also contained a common area, there were walking paths around the site, and the parking lot was landscaped. The south part of the site was an open area used for the water retention pond. There were also water gardens along the area by Old Central. There were over two parking stalls per unit. Mr. Klick described the site plan and the proposed drawings for Sandee's Restaurant. Mr. Klick said that one of the concerns brought up was about parking. The present zoning of C-1 and C-2 allowed for a variety of other uses, some with special use permits. There were some uses that could go into the site without having to be rezoned or have City approval, such as an office building. The impact of that type of use would be greater. People were talking about the traffic in the morning and afternoon. An office building at that location would make the traffic problem worse. N1r. Whinnery said when they were originally contacted about doing the development, they did look the site for many other uses, but they felt it would be better for the community if they kept Sandee's Restaurant and put a senior complex next to that. If they had put an office building there, it would not have had to be rezoned. The reason for the S-2 rezoning was that they felt it • ' �'RIDL-EI' CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 18 would be better for the whole area to have the control. A senior building could go on that site with the current C-2 zoning. The only thing needed was facilities to do some care work. The building would not be rental under any circumstances. A study was conducted on the idea of rental versus ownina, and the results showed that there was a very big need in this area for a senior buildinQ. Seniors were areat neiahbors. VVith respect to the traffic count, they w�ere told by the engineers who did the traffic study, that the traffic count was below 8,000 cars. The studv was conducted in 2001 on Central Avenue N.E. It was somewhere around 7,000/7,�00 on Mississippi. T'his area was zoned C-1 and C-2 over 20 years. He believed this project would have the least impact. With respect to the property across Central Avenue, as far as he knew, there were no permanent plans. With respect to the water situation, he said they went to the watershed district and got their approval. They put in an eYtra lar�e pond and rain gardens to make sure they did not chanje the flow of water into someone's back yard. The only other thing they could do was to put in a berm. If they did that, they would lose some trees. He said they wanted to be a good neighbor. With respect to Tamarisk's building, they planned on moving it, if it could withstand the move. The building had been moved once before. They called the historical society and were told that it was not a historical building. Councilmember Wolfe asked how many underground parking stalls there were. Mr. Klick said �1. � Councilmember Wolfe asked about outside parking. Mr. Klick said there were 4 garages and 70 additional surface parking stalls. Councilmember Wolfe said there would be 15 additional spots. He said there had been other projects and what had happened was the Planning Commission and Council had said that once it was there the residents would get used to it. He said that did not happen. Mr. Whinnery said the national average was one car per unit. He said they found that in a senior building they do not have the extra cars. Mr. Klick said there would be very few people in the building who where 55. Most would be 65 to 75 years old. Councilmember Wolfe asked who approached them for the project. Mr. Whinnery said the City did not approach them. They found the site and it was for sale and they approached the owner of the property. Councilmember Wolfe said that at the Planning Commission meeting, Mr. Whinnery was asked to hold a meeting with the neighborhood. Mr. Klick said the meeting was to provide the neighborhood with information with respect to the different trees on the west side of the property. Y • FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 " PAGE 19� • Councilmember Wolfe asked if that was done. Mr. Whinnery said that one of their staff members went and knocked on the doors of all the houses that abutted the west side of the property and gave them a flyer and layout. They did it last Thursday beriveen the hours of 8:00 p.m. and 9:00 p.m. They also mailed a letter and a copy of the site plan to 300 residents in the area. Councilmember Bolkcom asked when that was done. Mr. Whinnery said Friday morning. They were asked to do this two weeks ago. He told the Planning Commission that they could not get it all done within a two-week period of time. Mr. Klick said there was no requirement to send out the 300 letters. The requirement was to talk to the neighbors to the west. Mr. Whinnery said that was what they understood but after talking with staff, they got it out to everyone. Councilmember Bolkcom asked how many property owners they contacted on the west side of the property. � Mr. Whinnery said they went to eight properties. Councilmember Bolkcom asked how many they actually had conversations with. Mr. Whinnery said about 50 percent. Some did not want to talk with them. They talked about having a meeting earlier this evening, but they felt they got everything out to everyone. Councilmember Bolkcom said it was hard when someone came knocking on your door at 8:00 or 9:00 at night to have a conversation. She said the landscaping as they presented it would not be in the right-of-way. Mr. Whinnery said some trees would have to be removed depending on what was done on Mississippi. Councilmember Bolkcom said there were some questions about the entrances. Mr. Hickok said initially there were two access points on Mississippi and they recommended that they go down to one. With respect to Old Central, those were the locations they submitted. No modifications were made. Councilmember Bolkcom said there was a lot of talk about traffic volume and the numbers were from 2001. She asked if they intended to do anything yet this year. Mr. Whinnery said the clock was ticking on the agreements they had. , FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24,2003 PAGE 20 Councilmember Bolkcom asked if it would be possible to put out traffic counters. Mr. Haukaas said it would be difficult this time of year, but it could be done. Councilmember Bolkcom said she was concerned about the traffic and would like to get some traffic counts on Old Central and Mississippi and then talk with the County. She thought they should meet �vith the residents and discuss the project. She asked about the lights from the buildin� and ho�v it �vould affect the neighbors. Mr. Hickok said they were talking about the lighting in the common area, not necessarily in the units necessarilv. Councilmember Bolkcom said she was talking about both. Mr: Hickok outlined what the view would be from a house on Pierce Street and from other areas near the project. Councilmember Wolfe asked how many 1 '/z story houses were behind the project. Mr. Hickok said going south, it went from 1 '/z stories to split level homes, which were a bit taller. Going north, there were a couple of ramblers and there was a side-by-side duplex on the corner. Councilmember Barnette said the City had three senior buildings. He asked what kind of occupancy those buildings currently had. Mr. Klick said those were rentals. Councilmember Barnette asked what the estimated starting price of a two-bedroom unit was. Mr. Klick said that two bedroom units would probably start at $165,000 or $169,900 and go over $200,000. Councilmember Barnette asked what the average home value was in Fridley. Mr. Hickok said it was $163,000. Councilmember Barnette said if an older couple decided to sell their home, they could get into one of those units. Councilmember Bolkcom asked if they had any other senior housing developments near a residential neighborhood. Mr. Whinnery said they had some in Maple Grove and Plymouth. Councilmember Bolkcom asked if they were next to residential or single family homes. � . ' . FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 2�, 2003 PAGE 21 Mr. Whinnery said they were. He said he would provide a list. Mayor Lund asked staff how this would affect the City's ta�c base. It was his understandinQ that it would not increase the levy but would spread the taxes out over more properties. y Mr. Hickok said it would spread out the tax base. It allowed the City to tax more units at a valuable comparable to the existing neighborhood. It did not increase the lew. Mr. Burns, City Manager, said w-hen they started talking about taxes, it gave the impression that this was a project generated by the City. It was not. It was an unsolicited project and one the City had to d�al w-ith legally. Councilmember Bolkcom said there was concern expressed over whether the project should be rezoned S-2. She asked for an explanation. Mr. Hickok said initially the property owner was looking at a senior building that was an assisted senior building. The City Code allowed that in a commercial district. The developer said they were not interested in doing the assisted living. They were interested in doing senior condominiums. They conducted their own studies. Their studies indicated that the market was ready for senior units and there were no for-sale senior units available in the community. They looked at it from an R-3 perspective. They could not support spot zoning. It did not match the Comprehensive Plan. The developer did some more research and reviewed the Comprehensive Plan. The zoning that matched the area was S-2. They discussed options and it was suggested that they talk to the property owners who agreed to a S-2 rezoning. Mr. Klick said they could have done a rental property with some limited service areas for seniors which was a permitted use under the C-2 zoning. r Mr. Whinnery said they found that by doing it this way, there was more of a personal involvement by the people who owned the property. Everything seemed to go much smoother and they made sure everything was taken very good care o£ He said there was a waiting list for rental properties for seniors. Mayor Lund asked if the outside paxking spaces included the spaces being created for Sandee's restaurant. Mr. Whinnery said it did not include the parking for Sandee's. There was an area between the two lots. Mayor Lund said there was some talk about berms and they suggested that it would have to be a large berm. Mr. Whinnery said they would try to get the biggest trees in. He said if they did the berm, they would lose any trees that were there. � FRIDLEY CITY COUNCIL NIEETING MINUTES OF NOVEMBER 24, 2003 PAGE 22 Mayor Lund asked if there were any advantaQes for Advance and Ziebart with the rezoning. Mr. Hickok said there were not. Mayor Lund asked what the requirements were for liahting in the parking lot. Mr. Hickok explained w•hat the requirements were. Mayor Lund asked how blight was determined. Mr. Hickok said it was a mi�cture of things. It could be under-utilized property, or properties that did not meet current standards in terms of the footprint of the building. Mayor Lund said he was concerned wzth the two driveways on Old Central and their proximity of one of the driveways to the intersection. Mr. Hickok said staff felt it would be an improvement over what existed currently. The proposal defined an entrance route. It did separate the uses and was much better defined. He said he would not recommend getting rid of one of the driveways because there were two uses with specific interests. � Mayor Lund said he was concemed with how close the entrance was to the intersection. Mr. Hickok said the County and City staff felt that this was an improvement over what cunently existed. Mayor Lund said people mentioned the Comprehensive Plan and felt that it was not conducive to what the community wanted. He asked how people could take part in the Comprehensive Plan. Mr. Hickok said when they first started working on the Comprehensive Plan, people did not attend the meetings. They broke the City into different planning sections and had about seven or eight planning groups. Even though it was approved in March, 2001, it did not mean people could not look at it and suggest modifications. Councilmember Bolkcom said when they were working on the Comprehensive Plan, letters were sent out. They also talked about the meetings at Council meetings. MOTION by Councilmember Wolfe to continue the public hearing until December 8, 2003. Seconded by Councilmember Barnette. Mr. Hickok said that Stipulation No. 22 did require that a traffic study acceptable to the County be completed prior to them getting a buildina permit. He said they were at end of the 60-day period. He asked Council to consider that and formally let petitioner know. � � . FRIDLEY CITY COUNCIL MEETING �TINUTES OF 1�`OVEMBER 24, 2003 PAGE 23 tiPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE NIOTION CARRIED UN:�NINTOUSL�'. 13. ONSIDERt1TION OF A PRELINTINARY PLAT REQUEST, PS #03-08, BY WN CENTER DEVELOPMENT, LLC, TO CREATE TWO SEPARATE LOTS T ALLOW FOR THE CONSTRtiCTION OF A SENIOR HOUSING DE ELOP:�IENT, GENERaLLY LOCATED AT 1282 MISSISSIPPI STREET AND =490 CENTRAL AVENUE N.E. WARD 2 . 1�10TION by 'oun ilmember Wolfe to continue the public hearin� until December 8, 2003. Seconded by Co n ilmember Barnette. UPON A VOIC , ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA: MOUSLY. 14. CONSIDE TION OF A ZONING TEXT AMENDMENT, ZTA #03-01, BY DAVID B LIE, FURNITURE OUTLETS USA, INC., TO ADD LANGUAGE TO THE�C , CODE WHICH WOULD ALLOW A FURNITURE STORE USE TO HAVE '�1E PARKING STALL FOR EVERY 400 SQUARE FEET OF SHOWROOM PACE, GENERALLY LOCATED AT 5353 EAST RIVER ROAD N.E. (WARD 3). MOTION by Councilmemb Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seco ded by Councilmember Wolfe. � UPON A VOICE VOTE, A L VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIM USLY. Ms. Stacy Stromberg, Planner, said s`e would make a presentation on this item and Item No. 17, Special Use Permit Request, SP #03- . Petitioner requested a zoning text amendment to add language to the City Code which woul llow a furniture store use to have one parking stall for every 400 square feet of showroom spac . Petitioner was also seeking a special use permit to increase the lot coverage requirements fr 40 percent to 48 percent to expand the existing building located at 5353 East River Roa N.E., so it could be used as additional fiuniture wazehouse space. Furniture Outlets USA pu hased the building at 5353 East River Road N.E., formerly the Wickes property. They planned o using the building for an Ashley Furniture Store and wazehouse. The property was zoned M- , Heavy Industrial, as were all surrounding properties. The property received access from th ast River Road Service Road. The existing 141,986-square foot building was constructed in 19 . Ms. Stromberg said petitioner requested a zoning text endment to add language to the parking section of the City Code. It would allow a furniture stor use to have one parking stall for every 400 square feet of showroom space. The zoning text am dment was requested because of the low parking demands of furniture stores. The City Code r quirecl that all retail uses needed 1 parking stall for every 150 square feet of retail space. The oposed showroom, including the clearance area was 47,200 square feet. Current code requireme s would require the petitioner to ABSTRACT ' � � - � � Receipt# ,3iZ� � ❑ IncorrectiNo Reference# Date/Time _ �- � J ;�� ❑ Non-standard Document DOCUMENT N0. � cj � ( ( � � ❑ Certified Copy/ ANOKA��� ����TA Document Orde�of PINs I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability ____� � � FOR RECORD ON Filing Fees g Q,/ �� AT Q p PR 0 6 2 0 0 4 AND WAS DULY RECORDED. Copy/Additional Pg Fees $ � . � ❑ Tax Lien/Release FEES AND T�ES If�fHE AMOUNT OF $4 3 . 0 0 PAID. �� ❑ Transfer 2004054322 Well Cert Fees $ RECEIPT N0. ❑ Division MAUREENJ.DEVINE ❑ Incomplete Form � Status ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment � New legal Description ❑ No Legal Description � GAC BY DEPUlYPROPE NTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Non-existent Legal Description � Deferred Specials Part(s) Illegible No Change ,