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SP02-03 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE ! FRIDLEY, MN 55432 �(763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory Others PROPERTY INFORMATION: (site plan required for submittal, see attached) Address: I l.�I �, C�u.�.�;.�.�t t�v� tiP� Property Identification Number: Legal Description: Lot � Block Tract/Addition PCA/t� �J'� ' � M� .�.�r-�.C3�...�� Cs 4 a�� Current Zoning: R i Square footage/acreage: I 1�:�� / .:;�:�.�;� � �R:�.��: • Reason for Special Use: Dc� C�.n,� C- ,. :� Have you operated a business in a city which required a business license? Yes �� No �� If Yes, which City? �'�<< ''t- . If Yes, what type of business? �c ��:.w�z .�,; u. Was that license ever denied or revoked? es No � ��_��_��_�_��_..��_��_��_�� FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers:,�Fee owners must sign this form prior to processing.) NAME: � ��c�i'��t i C ��.�� i`' "�i- t�'�l i r�y��:�r,t'�-c:;� ADDRESS: i �3 G � � � Q �� _ -- - DAYTIME PHONE: `i<:'� S� 1 - SE,�� SIGNATURE/DATE: 'W�'L G` ~� '. ` C"i'r=� ��, I- C,�� j C:;d�-1. ..,.,,�,.,�..,�....,��.,,..,��...,,..,.......��..,��..��.,,,...�....,��..,,.,��.,,�.,.�w....,,,�..,,��..��,�.........,�.....,..,��.,.�..,��..� PETITIONER INFORMATION NAME: A�.- nr�� c�A �� ADDRESS: i�,�.�i Gt�.wl�,,,.c, t�..j� , cv� �='„ '�1��.. � M �v S<<; t L. DAYTIME PHONE: 7C�� S�1 - �'L.��, SIGNATURE/DATE: t,H.-...�.__, �� _- � � � �b-U�- —� L^�t,:.. ��+�'v�v�4 �,..,..,..,�..r...�...,,r.r..,.�..r,r.r..,r,r.r..,.r.r,..,....,�.,.r.r.r.....,....r.r.r...�...,.,.�,.r,r�....�..r,r.r.r....r.r....r�,�,�,�..r.r..,�.,r,...r,..�,.r.....,.r�,...........r Section of City Code: FEES Fee: $100.00 Residential Second Accessory $400.00� �� Others Application Number:.Sp U�<�-c�_� Receipt #: Received By: Scheduled Planning Commission Date: J�'lc�r�{� ��b�, �o�� Scheduled City Council Date: �}TJ g �uc�� 10 Day Application Complete Notification Date: �e�-1't�.�"�9 a� °��°� 60 Day Date: I �� SPECIAL USE PERMIT PROCESS � �,a�.,�,ww- � a ••+c�ouo,w.+croc� �yv�.t::. ...::.i<:;�i::�.;; �"`�. `` ;��;CN'ES, `:� :::k"-.'.-:`:'�:.:% �`..�`�.. :��;;��;s� se: A special use permit allows the City with the discretion to �� :�, ,� determine the suitability of certcrin uses on the general health, .:\i�' :�s•....�.^.;\ \ �� ;��'°�,��'�,w¢�� welfare cmd public sc�ety. ��,::s;��"�.t:a��:�,� �w�";:...:,��Krn a�.::.<. 3��:�;�� Considerations: The City may consider the following to determine the _ �A��'� suitability of a certcrin use: � ��. �� -_ ` � -• 1. the na�ture of the lcmd on which the use is to be loccrted, 2. the nature of the adjacent lcmd or buildings, 3. the effect on trc�fic into%ut of the site, or on adjacent roads, 4. cmy other factors the City shall identify as _ appropriate to determine the effect of such use. The Special Use Permit process begins by filling out a SPECIAL USE PERMIT APPLICATION. This, with a site plcm, cmd other appropriate drawings, must be submitted to the Plcmning stc�f. A fee is associated with the application; $100 for second accessoiy building applications, $400 for all other applications. Fees cae non-refundable. Once the application is received, the application is reviewed by staff from the Plcmning, Engineering, Assessing, Fire, cmd Police Dep�tments. The impacts to adjacent properties a¢�e discussed, �d stipulations are developed. Simultcmeously, a mcriling list of all properties within a 350 foot radius of the property is genercrted. Notices of the request cu�e sent to these property owners. There is approximately four weeks between the application due dcrte cmd the Plcmning Commission meeting. Prior to the meeting of the Plcmning Commission, a stc�f report is written, cmd the petitioner called regcarding the staff recommendation. The Plcmning Commission is made up of seven residents of the community. The meetings cffe held the first cmd tivrd Wednesdays of the month at 7:30 pm in the Council Chc�nbers in the Municiperl Center. The Plamning Commission is cm advisoiy commission to the City Council. It is the responsibility of the Plcmning Commission to conduct a public hecuing, gather testimony cmd make a recommendation to the City C''..,cuncil regarding all spec:icl use permit requests. Additional information regcu�ding the Specicrl Use Permit Process may be obtcaned by calling the City of Fridley Plcmning Depcu�tment at 572-3599 or 572-3593. 26 � _ CITYOF FR[DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 February 25, 2002 AL-AMAL School 1401 Gardena Avenue NE Fridley MN 55432 Dear AL-AMAL School: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a special use permit at 1413 Gardena Avenue on February 15, 2002. This letter serves to inform you that your application is complete. Your Special Use Permit application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on March 20, 2002 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your special use permit on April 8, 2002 at 7:30 P.M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, '' ��,�� i �1'. I✓:` ,�%1-t(�t `��,i,L��Y�':�'`�"�� Stacy St��mberg Planner C-02-21 ..� � � _ �.3- �7 � 3� �� d� I�c �S I� � City of Fridiey PUBLIC HEARING BEFORETHE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipai Center, 6431 University Avenue N.E. on Wednesday, March 20, 2002, at 7:30 p.m.for the purpose of: Consideration of a Special Use Permit, SP#02-03, by AI-Amal School,to convert the property into a licensed daycare cen- ter, legally described as Lot 3, Part of Lot 3, Meloland Gardens,generally located at 1413 Gardena Avenue NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any ques- tions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require aux- iliary aids should contact Roberta Collins at 763-572-3500 no later than March 14, 2002. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION (March 7, 14, 2002) Fridley, Columbia Neights Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N. E . on Wednesday, March 20, 2002, at 7 :30 p.m. for the purpose of : Consideration of a Special Use Permit, SP #02-03 , by Al-Amal School, to convert the property into a licensed daycare center, legally described as Lot 3 , Part of Lot 3 , Meloland Gardens, generally located at 1413 Gardena Avenue NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than March 14 , 2002 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: March 7, 2002 March 14 , 2002 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO; All property owners/residents within 350 feet of property generally located at 1413 Gardena Avenue NE. CASE NUMBER: S ecial Use Permit, SP #02-03 APPLICANT: AI-Amal School Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To convert the property into a licensed daycare center. LOCATION OF 1413 Gardena Avenue NE PROPERTY AND LEGAL Lot 3, Part of Lot 3, Meloland Gardens DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, March 20, 2002, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than March 14, 2002. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, at 763-572-3595. Publish: March 7, 2002 March 14, 2002 � • � � � � � � , � a� � - ■ 1 1 s � �� ♦ ♦ . ♦ � �� •,� ��■� ♦ �, � ir ■ ��1� ♦♦ '/ � ♦ ♦ i � �� t�s�� ♦ � � 1 11 �► _� C � � I�� _ ♦ I � _ t ■ ♦ �� ♦ i � ♦ • � � �1��.► � * �� 1111�� 1 � . ._ . . _ _ � 11 :� . , � �.� . � �■. � � ■■ �■. - � ■ �� , �� f �e � �:y . �- �� _ r �� .• � •• - �� ■ .. ... - , .,,.,, . . . . . . , : _ _ _ . _ . . . . . . . , _ . . _ _ . . .. _ . BAXTER DOROTHY M CURRENT RESIDENT CURRENT RESIDENT 1465 GARDENA AVE NE 1350 GARDENA AVE NE 1413 GARDENA AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CU NT RESIDENT DOUGHERTY MARK J GLASPER STEPHEN M &JOAN S Bad dress 1 1423 GARDENAAVE NE 1324 HILLCREST DR NE FRI L Y,MN 0 FRIDLEY,MN 55432 FRIDLEY,MN 55432 GUIGA KAIS &ABDEL KARIM ANWAR HUNT BRYAN & LAVONNE K LINDQUIST RICHARD O &J R 1602 68TH AVE NE 1469 GARDENA AVE NE 1326 HILLCREST DR NE FIRDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MOGHUL BASHIR H & SCHOOL AL A NO AMERICAN ISLAMIC TRUST INC THAEMERT R L& HACKBARTH N 1345 GARDENA AVE NE 1401 GARDENA AVE NE 1437 GARDENA AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 THE DIOCESE OF ST PAUL 226 SUMMIT AVE ST PAUL,MN 55102 J � ` s, �� , %, -• AIr��MAL SCHOOL Pti-A��A�L SCxOoL 1401 Gardena Avenue N.E. Fridley,MN 55432 (763)571-8886 Fax(763)571-1925 l.7� �� , N� C �� / • � G February 20,2002 Scott Hicko% Municipal Center 6431 University Avenue NE Fridley,MN 55432-4384 Dear Mr. Hickock, This letter is to inform you of Al-Amal School's intent to convert the property located at 1413 Gardena Avenue NE in Fridley 55432 to a licensed daycare center. Currently the properiy is a licensed as a family daycare. We have contacted Anoka County offices regarding facility and operation requirements. Before they accept our application we must get the property licensed from the city of Fridley as a daycare center. The daycare center will accommodate approximately 10-15 preschool age children and operate Monday through Friday between the hours of 8:00 am and 4:00 pm. Al-Amal School will manage the daycare center on a non-profit basis. Respectfully, � . { . ��,.... .. ...,.�....,..,.� � _. �,. .4 Kais Guiga Office Manager _ _ C1lYOF FRlDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,i�fN 55432•(763)571-3450•FAX(763)571-1287 April 9, 2002 Kais Guiga, Office Manager AI-Amal School 1401 Gardena Avenue NE Fridley, MN 55432 Dear Mr. Guiga: This letter is in regards to your Special Use Permit request, SP #02-03. Your Special Use Permit was tabled by the City Council at their April 8, 2002 Council meeting, as there wasn't a representative from the AI-Amal School in attendance. As a result of the postponement, the City is exercising it's right to extend the 60 day agency action rule until June 14, 2002 for your Special Use Permit request. Your Special Use Permit request will now go before the City Council for final action on April 22, 2002. If you have any questions, please feel free to contact me at 763-572- 3595. Sincerely, ,�w'%'��!�,, ', �','�C"+r ,lf� f";��. Stacy Stcmmberg i Planner �� C-02-38 Minnesota Department of Human Services May 10, 2002 Zoning Administrator City of Fridley 6431 University Ave NE Fridley MN 55432 Re: Zoning Notification of Application for Department of Human Services Program License This is to inform you that the Department of Human Services, Division of Licensing has an application for a program to be licensed under Minnesota Rules, parts 9503.0005 to 9503.0170 from AI -Amal Daycare Center, 1413 Gardena Ave NE, Fridley MN 55432 to provide day care for 20 children. Issuance of this license is subject to compliance with the provisions of Minnesota Statutes, Chapter 245A. If you do not contact the Division of Licensing within 30 days of receipt of this letter, we will consider this facility to be in compliance with your local zoning code. If you have questions regarding the facility or its location, please contact Kais Guiga (contact person) at (763) 571-8886. If you have any questions regarding this letter, contact George Riedl at (320)654- 5271 or fax informa#ion to (651) 297-1490. Sincerely, -t'e l�,tiN1Nw►'� � Peggy Cunningham, Unit Manager Division of Licensing 444 Lafayette Road Nortb • Saint Paul,Minnerota • SS155 • An Equal Oppartunity Empinyer City of Fridley Land Use Application SP#02-03 March 20, 2002 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Transportation: AL-AMAL School Gardena Avenue provides access to 1401 Gardena Avenue NE daycare. Fridley MN 55432 Physical Characteristics: Requested Action: Typical suburban landscaping. Special Use Permit to allow a day care SUMMARY OF PROJECT center in the R-1 Single Family Zoning The petitioner,AL-AMAL School is seeking a District. special use permit to allow a licensed day care Existing 7�oning: center at 1413 Gardena Avenue. The e�sting R-1 (Single Family Residential) home would be converted to meet the county/state Location: licensing requirements for a day care center. 1413 Gardena Avenue SUMMARY OF ANALYSIS Size: City Staff recommends approval of this special 20,000 sq. ft. .46 acres use permit, with stipulations. Existing Land Use: Day Care Centers are a permitted special use in the Single family home. R-1 zoning district,provided they are located in Surrounding Land Use&Zoning: places of worship, schools, or in other buildings N: Islamic Center&R-1 located on an arterial or collector street. E: Single Family& R-1 CITY COi1NCIL ACTION/60 DAY DATE S: Totino Grace High School&R-1 City Council—April 8,2002 W: Islamic Center&R-1 60 Day—April 15,2002 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinauce Conformance: Sec. 205.07.1.C.(4)requires a special use � ��x ° - "°`"F ` � _�-� �� ; °� � permit to allow daycare centers that are �� r� �� ,� ; � �'� � � �, located in places of worship, schools,or in �� ' ��-� �� other buildings located on an arterial or '�� `��-m`�� ,� : � collector street in the R-1 Zoning District. ��"� � � �� `"'"�� Zoning History: , �� '� _ ,� �� 1920—Lot is platted. ��E� �� ..�....�.� .� .. . . -,,,�� , Home built pre-1949. ,�,��u��°��'� ��-�� .,...��e � _ 1954—Addition to home. 1987—Garage is built. (Existing Home) 1996—Addition to home. Staff Report Prepared by: Stacy Stromberg Legal Description of Properiy: Part of Lot 3,Meloland Gardens Addition Public Utilities: Home is connected. 39 SP #02-03 REQUEST The petitioner, AL-AMAL School is seeking a special use permit to allow a licensed day care center at 1413 Gardena Avenue. The existing home would be converted to meet all county/state licensing requirements for a day care center. ANALYSIS The property is located on Gardena Avenue, with the home being "squared up"to and fronting on Gardena Avenue. The existing home was built before 1949, with two home additions being constructed in 1952 and 1996. The existing garage was built in 1987. � � , , ��'. �� 3 r .'.�u. % yk�� ¢� �, � �l+a, n� ;��,��L ��A ,..k 4 � �-�+�r„� �.} ,€�.. � �� ''�� ,�� , � t x _ �� j�� f ' -:��' }� i f '`�'$E� 1 �r" :.� ��' � � -��' �..� $ ��t- ,�.'�P�°y 4 '� ��` ,��', ��;. _� � ��' � e�� , �r '`��. T�� `�� h+.^�— "a � '� :E. � ��,-9 �,, ��; � �� .6,... �,�. .,,� �_� � ,' � ,��" _ ��`'�`TM` ��r�.�*�,�, _ �� rt.; � '� �� _ �� , . r � � �� ,k: � � � , _ � � _ ,� '��fa��(t�f(�l(t ��,��_._�,� �. �» ..,.�.��,.� d __.� _ � ...... �� .. _ . � , . : �, , ,.�.,�� ,��"',��'``.'�".'.� � �. _ ,,, r . . �. ..,., �� ..�..,� ��_ _ � w n� � 4 ..�� -� Existing home The property is owned by the Islamic Center of Minnesota and already exists as a licensed family daycare. Daycare centers are a permitted special use in the R-1 zoning district provided they are located in places of worship, schools, or in other buildings located on an arterial or collector street, and as long as specific requirements are met. Those specific requirements relate to parking and minimum lot size. City Code requires that at least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. The petitioner has indicated that 614 square feet of the home will be used to accommodate the day care center. According to the above code requirements, six (6) parking spaces will be required for the day care center. The existing driveway and parking area provides enough space for six plus vehicles. Staff has observed the property and has noticed that there is a maximum of three vehicles parked in the driveway at any given time. 40 City Code also requires that in order for a day care center to be located in the R-1 Single Family zoning district, a minimum lot size of 12,000 square feet is required. The dimensions of the lot are 100 feet by 200 feet, which is 20,000 square feet, therefore, exceeding the minimum lot size requirement. The day care center will accommodate approximately 10-14 preschool age children and will operate Monday through Friday befinreen the hours of 8:00 a.m. and 4:00 p.m. City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval as day care centers are permitted under special use permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. 2. If the dropping off and picking up of children from the day care center becomes a traffic hazard, a curb expansion like what currently exists at the Islamic Center will be required. �, �P�, �„ k�=€�� :�' f�� `�` �"� _ r; s�� -r.,� .. j �� _ �_� � � z _ � �_ �=� C� �� `�. � � � { � �� ° C'C j � � � � � � ��r �� ,� �E ��.� � � 7 �°� ��.�� ,y ��`� — ��. �3,'° "� �e'�; ;, � _ � '� ��. � �� — s� mP� � � � � � �l� ��'� �� ':' 3 � , �.z � � �" � . 6 t� . y 3��1� . � rc7�€ � ��P �;� �� 3 ;� i� � �� `� _ � 3.{Rkm;,,... ___Y� �f'�es�.,e. '� ..i' 7�2 � _ . �� _ . . wzs�,,ra h,r,r,' x�,rsm�,x�:d',�hYR;�, •—� ,:�� l+��U��;r 41 � � I y I � � 1 � � � A T � � � � � .� � �.. �_..� G — �'-1 ^ ? �1 � m � r � . rn � � ' • � � � � ; o - �' � � z N ,� w , c� �, � � � V � y o _ "r� O T � � -1 i -� V �o i ' A s � '[1 T T C .r _ _ _ ,,,,� � _ 7 ,� _ _,� _ < __ � „{�_^ Y n � � .'p O7 .Z1 0o Q7 ' O D O A , R1 �o ^ O '-I O � � a � � _ � ? V� � -.� � ' O � � pg � � x , — v , � n , � ' � S m � N m � a� m � ^, Z m m � v Q � �J .�l -� T ,-0 � O o m O O �! O � m o O -� � "^ � � � � � � A � 61 0 • -� (p � V O --' - '-' -J- -- -- - � - - - - - � � � - � O � p o -p • ' a G1 '�i pp V = T k � /A T T �-1 � -1 Z00/�00 'd �Iy �� I I Q��—ZOOZ— '��I . , PLANNING COMMISSION MEETING, MARCH 20, 2002 PAGE 2 stipulations as second accessory buildings over 240 square f t are a permitted speciai use in the R-1 zoning district: 1. The petitioner shall obtain all necessary building p rmits prior to construction. 2. The structure shall not be used for a home occu ation or living area. 3. The total square footage of all accessory struc res must not exceed 1,400 square feet. 4. The shed addition shall be architecturally co atible with the existing home and finished with complementary siding and color sche . The petitioner, Lonnie LeClair, stated he does n have any issue with the stipulations. Mr. Oquist asked if the shed was going to be nclosed completely. Mr. LeClair stated that the north side and uth side will be enclosed and the west wall will have two steel doors. Mr. Oquist asked if he was going to us this only for storage. Mr. LeClair stated it was only for stor ge. Dr. Vos asked if the neighbors had ny questions. Mr. LeClair stated the neighbors onder why he did not do this before and why he had to get a permit. Dr. Vos stated this is a reas able request. Since the roof line is already there, it is appropriate. MOTION by Ms. Johns, s conded by Mr. Dunham, to recommend approval of SP #02-02 with the following stipulations� 1. The petition r shall obtain all necessary building permits prior to construction. 2. The struct e shall not be used for a home occupation or living area. 3. The total quare footage of all accessory structures must not exceed 1,400 square feet. 4. The sh addition shall be architecturally compatible with the existing home and finishe with complementary siding and color scheme. UPON A VOIC VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION ARRIED UNANIMOUSLY. Mr. Oquist s ted this will go to City Council on April 8. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #02-03, by AI-Amal School, to convert the property into a licensed daycare center, generally located at 1413 Gardena Avenue NE. MOTION by Ms. Johns, seconded by Mr. Dunham, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:39 P.M. Ms. Stromberg stated that the petitioner is requesting a special use permit to allow a licensed daycare center at 1413 Gardena Avenue. The existing home would be converted to meet /r 1 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 20, 2002 CALL TO ORDER: Acting Chairperson Oquist called the March 20, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Leroy Oquist, Barbara Johns, Brad Dunh , Ken Vos (for Larry Kuechie) Members Absent: Dave Kondrick, Larry Kuechle, Dean S ba, Diane Savage Others Present: Stacy Stromberg, Planner Paul Bolin, Planning Coordinator Lonnie L. LeClair, 234 69�h Avenu Kemal Balogul, Board Member, -Amal School Salah Ayari, President, AI-Amal chool Anawar Abdelkarim, Vice Pres' ent, Islamic Center of Minnestoa APPROVE THE MARCH 6 2002 PLANNING CO MISSION MEETING MINUTES: MOTION by Ms. Johns, seconded by Mr. Dunh m, to approve the March 6, 2002, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY 1. PUBLIC HEARING: Consideration of a Special Use ermit, SP #02-02, by Lonnie Le Clair, for an addition to an existing shed, generally loc ed at 234 69th Avenue, NE. MOTION by Ms. Johns, seconded b Mr. Dunham, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VO ING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND T E PUBLIC HEARING WAS OPENED AT 7:32 P.M. Ms. Stromberg stated that the etitioner is requesting a special use permit to allow the construction of a 96 square f t addition to an existing 240 square foot shed at 234 69tn Avenue. The existing shed nd proposed addition will be used for storage. Section 205 requires a special use per t to allow accessory buildings other than the first accessory building over 240 square feet. It re uires the total square footage of accessory structures not to exceed 1400 square feet. The tot I square footage of the existing garage and shed plus the proposed addition to the shed is 78,�square feet. The existing 240 square foot shed located in the rear yard was built in 1984. �t the time it was constructed, a roof was extended an additional 96 square feet from the we�st wall of the structure. A petitioner is requesting to enclose the 96 square foot area, thergfore expanding the existing structure. Ms. Stromberg state �that the roof from the shed extends an additional 12 feet. This is the area the petitioner is req sting to enclose. Staff recommends approval with the following . � PLANNING COMMISSION MEETING, MARCH 20, 2002 PAGE 3 County and State licensing requirements for a daycare center. The property is zoned R-1, single family. The existing home was built before 1949 with two home additions constructed in 1952 and 1996. The existing garage was built in 1987. The property is owned by the Islamic Center of Minnesota and exists as a licensed family daycare. Section 205 requires a special use permit to allow daycare centers that are located in places of worship, schools, or in other buildings located on arterial or collector streets in the R-1 zoning district, provided they meet specific parking and lot size requirements. Code requires one parking space for each 100 square feet of usable daycare floor area. The petitioner indicated that 614 square feet of the home will be used to accommodate the daycare center. According to the above code requirements, six parking spaces will be required for the daycare center. Ms. Stromberg stated that the existing driveway and parking area provide enough space for 6+ vehicles. Staff has observed the property and noticed there are a maximum of three vehicles parked in the driveway at any given time. The code requires that in order for a daycare center to be located in the R-1 zoning district, a minimum lot size of 12,000 square feet is required. The dimensions of the property are 100 feet by 200 feet which is 20,000 square feet exceeding the minimum lot size requirement. The petitioner has stated that the daycare center will accommodate approximately 10-14 p�eschool age children and will operate Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. Staff recommends approval with the following stipulations as daycare centers are a permitted special use in the R-1 zoning district provided they are located in places of worship, schools, or in other buildings Iocated on arterial or collector streets: 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. 2. If the dropping off and picking up of children from the day care center becomes a traffic hazard, a curb expansion like what currently exists at the Islamic Center will be required. Ms. Johns asked if the code requirement of six parking spaces applies only to daycare staff or the parents of the children. Ms. Stromberg stated that it applies to the staff. Ms. Johns stated that if there are six staff, there will be no room for the parents to drop off children. They would be dropping children off in the bump-out curb near the AI-Amal school. Ms. Stromberg stated that the people dropping off and picking up children are not there for an extended period of time, and there is enough room to accommodate at least six vehicles. Mr. Oquist stated that it accommodates six staff vehicles, not six drop-offs. Mr. Bolin stated that the parking is factored by the square footage and factors in enough parking space for staff and parents to drop-off and pick-up children. Six hundred fourteen square foot area for daycare will not require six staff members. Staff has driven by this site often to see how many vehicles there are, and there are never more than two or three in the driveway. Ms. Johns asked if the whole home would be used for daycare. Mr. Bolin stated that it does not get counted toward the licensing requirements with the County and State. Mr. Oquist asked if this was a center already. w PLANNING COMMISSION MEETING, MARCH 20, 2002 PAGE 4 � Ms. Stromberg stated that it is a licensed family daycare, not a daycare center. This is licensed by the County. The center needs to meet more requirements by both the County and the State. Mr. Dunham asked how a need is determined for the additional curb area for drop-off in the event parking is an issue. Ms. Stromberg stated staff needs to monitor it; and if there is concern, staff would recommend a curb expansion. Mr. Bolin stated that the school and daycare itself will also help monitor that situation. Mr. Dunham stated that he lives close, and there is a lot of traffic. If there are 14 children and all 14 get picked up at the same time, there will be a shortage of parking. Mr. Bolin stated that may be possible. Mr. Anawar Abdelkarim, Vice President of the Islamic Center of Minnesota, stated that 614 square feet is the upper floor of the house that would be used for daycare. Mr. Oquist asked if the whole house would be used for the daycare center. Mr. Abdelkarim stated that the basement is not used for the daycare center. Ms. Johns asked if anyone would be living in the basement. Mr. Abdelkarim stated that it would only be used on the main level, and nobody will be living in the basement. Dr. Vos asked if there was any concern about the bump-out and the drop-off of the children. Mr. Abdelkarim stated there is enough room for six cars. If the drop-off is an issue, they will work it out with the school and see what needs to be done. Mr. Oquist asked if he meant they would use the school bump-out area for the daycare center. Mr. Abdelkarim stated they can use it if they need to. Ms. Johns asked if that was safe. Mr. Bolin stated they would insist on extending the bump-out if the parking is not going to work. A separate bump-out would be built out near the daycare. Dr. Vos asked the number of staff people. Mr. Abdelkarim stated he did not think it is more than three staff. Ms. Johns stated that if there are 14 children, there are State requirements for the number of staff. Mr. Abdelkarim stated that he thinks so. Dr. Vos stated that it is age dependent. PLANNING COMMISSION MEETING, MARCH 20. 2002 PAGE 5 Ms. Johns asked if the fence goes around the entire property and where the children wiii be outside. Mr. Abdelkarim stated that the whole perimeter of the back of the outside of the house has a fence to be separated from the other schooi. Mr. Dunham asked if the cars would be parked one behind the other because it is not too wide. Mr. Bolin stated there is enough room to park two side by side. Mr. Dunham stated that there is a little concern, and he hopes it all works out. Mr. Abdelkarim stated they have worked for a couple of years to get a center and wiil have some of the same kids that are in the family daycare now. Ms. Johns stated that there are more rules now with the State and County involved in the daycare center. Mr. Oquist asked staff if they had heard from any neighbors. Mr. Bolin stated that he had one call from a neighbor wondering when the meeting was and where the item was on the agenda. MOTION by Dr. Vos, seconded by Mr. Dunham, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:53 P.M. Ms. Johns stated she is a little concerned about the drop-off. If close monitoring is involved, it should be okay. Mr. Oquist stated the cars are always parked on the side where Gardena Avenue is so no one has to cross the road. Mr. Dunham stated that at 4:00 p.m., there is a lot of activity. If staff is watching that, it should be fine. Mr. Oquist stated Totino Grace High School has the biggest activity around 2:00 p.m., so if the majority of children leave before 4:00 p.m., that will make it easier. Mr. Salah Ayari, President of AI-Amal School, stated they can use part of the parking lot at Totino Grace if needed. Mr. Oquist asked when the kids are normally dismissed from AI-Amal. Mr. Ayari stated they are normally dismissed at 4:00 p.m. Mr. Oquist stated that if they are using the Totino Grace parking lot, the director of the daycare center should be there. MOTION by Ms. Johns, seconded by Mr. Dunham, to recommend approval of SP #02-03 with the following stipulations: t � i M PLANNING COMMISSION MEETING, h1�,RCH 20, 2002 PAGE 6 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. 2. if the dropping off and picking up of children from the day care center becomes a traffic hazard, a curb expansion like what currently exists at the Islamic Center will be required. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Oquist stated this will go to Council on April 8. 3. RECEIVE NE MINUTES OF THE FEBRUARY 27 2002 APPEALS COMMISSION MEETING: MOTION by Dr. Vos, econded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, LL VOTING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED NANIMOUSLY. 4. RECEIVE THE MIN TES OF THE FEBRUARY 19 2002 ENVIRONMENTAL QUALITY & ENERGY COMMI ION MEETING: MOTION by Ms. Johns, secon ed by Mr. Dunham, to receive the minutes. UPON A VOICE VOTE, ALL VO ING AYE, ACTING CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANI OUSLY. OTHER BUSINESS: Mr. Bolin stated staff would like to wel me a new member to the Planning Commission, Brad Dunham. Mr. Dunham is a Realtor with Edina Realty, and it will be nice to get a Realtor's perspective for some of the land use ite s. Mr. Dunham has been a Fridley resident for the past 18 years. Mr. Bolin stated Ken Vos, Vice-Chairperson f the Appeals Commission, was at the Planning Commission sitting in for Larry Kuechle so th e would be a quorum. He thanked Ken and welcomed Brad. He stated the next Planning mmission meeting is April 3. ADJOURNMENT: MOTION by Ms. Johns, seconded by Dr. Vos, to ad urn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, ACTING HAIRPERSON OQUIST DECLARED THE MOTION CARRIED AND THE MARCH 20, 2002, LANNING COMMISSION ADJOURNED AT 8:00 P.M. Respectfully submitted, � ; .,../J)�7, �,� /; � 'J . /�- /l''',�� 7_ Signe L. John,� n -.�, Recording Secretary .; � AGENDA ITEM CITY COUNCIL MEETING OF APRIL 8, 2002 CffY OF FRIDLEY Date: March 21, 2002 To: William Burns, City Manager �u� �. From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP#02-03, AI-Amal School M-02-31 INTRODUCTION AI-Amal School is seeking a special use permit to allow a licensed day care center at 1413 Gardena Avenue. The existing home would be converted to meet the county/state licensing requirements for a day care center. Day Care Centers are a permitted special use in the R-1 zoning district , provided they are located in places of worship, schools, or in other buildings located on an arterial or collector street. PLANNING COMMISSION RECOMMENDATION At the March 20, 2002, Planning Commission meeting, a public hearing was held for SP #02-03. After a brief discussion, the Planning Commission recommended approval of the special use permit, SP#02-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. 2. If the dropping off and picking up of children from the day care center becomes a traffic hazard, a curb expansion like what currently exists at the Islamic Center will be required. 38 s , ■► AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 22, 2002 CffY OF FRIDLEY Date: April 17, 2002 To: William Burns, City Manager ;� . � �'� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP#02-03, AI-Amal School M-02-42 INTRODUCTION AI-Amal School is seeking a special use permit to allow a licensed day care center at 1413 Gardena Avenue. The existing home would be converted to meet the county/state licensing requirements for a day care center. Day Care Centers are a permitted special use in the R-1 zoning district, provided they are located in places of worship, schools, or in other buildings located on an arterial or collector street. PLANNING COMMISSION RECOMMENDATION At the March 20, 2002, Planning Commission meeting, a public hearing was held for SP #02-03. After a brief discussion, the Planning Commission recommended approvat of the special use permit, SP#02-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL ACTION At the April 8, 2002, City Council meeting, a public hearing was held for SP#02-03. After a much discussion, a motion was made to table action on this request due to disagreement over the stipulation requiring a"bump out" be installed if deemed necessary and the lack of a petitioner in the audience. THE MOTION CARRIED ON A 3-2 VOTE. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council take action on this request and recommends approval 85 ! • of SP#03-03 with only one stipulation. Upon further review of this request, by both the Planning and Public Works staff, it was determined that a "bump out" is not desirable at this location. It was further determined that the special use permit will assist the City in addressing any future parking issues that may arise on this site. If at anytime parking is determined to be inadequate, the special use permit can be brought before the Council for review, modifications, and/or revocation. STIPULATIONS 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. 86 � ° - . , FRIDLEY CITY COUNCIL MEETING OF APRIL 22,2002 PAGE 7 Mr. Pribyl stated that the ordinance do not spell it out, it just speaks generically about alcoholic beverages. Councilmember Bolkcom asked if Cok and everything counts toward the food requirements. NIr. Pribyl stated that he would ass e that is how it is classified. Councilmember Bolkcom stated at is how it is classified in the agenda. She asked what the review process would be for the ext six months. Mr. Pribyl stated it would be rwarded to City Council for review. The real target is six months from now. MOTION by Councilme ber Wolfe to continue the public hearing to October 28, 2002. Seconded by Councilme ber Barnette. UPON A VOICE V TE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIE UNANIMOUSLY. MOTION by Co cilmember Wolfe to approve staff s recommendation for a six-month probationary perio . Seconded by Councilmember Barnette. Councilmember olkcom asked Mr. Knaak, City Attorney, if that motion was appropriate. Mr. Knaak stat d that they are in effect granting a probationary license for a six-month period of time. MOTION b Councilmember Wolfe to amend the motion and granting AMF Bowling Centers, Inc., d/b/a aple Lanes, a probationary license for six months until October 28, 2002. Seconded by Counci ember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTI CARRIED UNANIMOUSLY. NEW BUSINESS: � 11. SPECIAL USE PERMIT, SP #02-03, BY AL-AMAL SCHOOL, TO CONVERT THE PROPERTY INTO A LICENSED DAYCARE CENTER, GENERALLY LOCATED AT 1413 GARDENA AVENUE N.E. (WARD 2): Mr. Hickok, Community Development Director, at the Council meeting on April 8, Council asked for more information. He indicated that the existing home would be converted to meet all County and State licensing requirements for a new daycare center. The home is on the east si�� of the Al-Amal school. The property is zoned R-1, single family residential. The existing harrye was built in 1949 and two additions were built in 19�2 and 1996. The garage was built in 198"7. • !- FRIDLEY CITY COUNCIL MEETING OF APRIL 22,2002 PAGE 8 The property is owned by the Islamic Center of Minnesota and exists as a licensed family daycare. Mr. Hickok stated that the City Code requires one parking space for every 100 square feet of usable daycare area. The petitioner stated that 614 square feet of the home would be used to accommodate the daycare center. According to the code requirement, six parking spaces aze required for the daycare center. The existing driveway and parking azea provide enough space for those six vehicles. Staff observed the property and noticed there are as many as three vehicles parked in the driveway at any given time. Code requires a daycare center to have a minimum lot size of 12,000 square feet. The dimension of the lot is 100 feet by 200 feet, which is 20,000 square feet. The daycare center will accommodate ten to fourteen preschool age children and will operate Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. Mr. Hickok stated that the Planning Commission reviewed this and recommended approval with stipulations. Daycare centers aze a permitted special use in the R-1 district, provided they are located in places of worship, schools, or other buildings on arterial or collector streets. Staff recommended that Council concur with the Planning Commission and approval be subject to stipulations. The petitioner is here to respond to any questions. After discussion with staff it was determined that a curb "bump out" is not a good idea. Staff recommended approval with one stipulation. Mr. Guiga, Principal of Al-Ama1 School, submitted a letter to Stacy Stromberg, Planner, and is present in the audience this evening. MOTION by Councilmember Wolfe to accept the letter. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated that the letter described two pick-up/drop-off shifts. The first shift, grades kindergarten through 12, will use the driveway from 8:OSam and 8:25 am. The second shift, for the daycare, will use the driveway from 8:30 a.m. until 8:45 a.m. In the afternoon, daycare students will be dismissed at 3:15 p.m. Kindergarten through 12 students will be dismissed at 3:30 p.m. By creating two shifts, congestion is eliminated. Councilmember Wolfe stated that at the last presentation, Mr. Hickok stated that most people using the daycare work in the school. ' Mr. Hickok stated that was correct, or they are otherwise associated with the school. Councilmember Wolfe stated that the school provides parking for staff. Mr. Hickok stated that was conect. Councilmember Wolfe stated that changes to the daycare really will not affect traffic. He said he has not received one complaint about traffic or safety for a long time. Councilmember Barnette asked if the Islamic Center owned the home to the west. 's - . j FRIDLEY CITY COUNCIL MEETING OF APRIL 22,2002 PAGE 9 Mr. Hickok stated that it is owned partially by the school and there is an individual with part ownership living in the home. This person runs a home daycaze operation. Councilmember Bolkcom asked Mr. Hatikaas why they did not need a curb expansion. Mr. Haukaas stated that it cannot be put in with the existing utility poles. The other concern is that although it is used as a daycare now, it was designed to be a residential home. This is not an appropriate solution for a property that is designed for residential. The existing bump-out was intended for buses at the school. If there is a problem, perhaps the answer could be an addition of a sidewalk to the expansion there now. It makes parking a problem for the City because it is in the City's right-of-way, and the City would have to plow it and clear it. Councilmember Bolkcom thanked him for clearing that up. This is a special use permit for a daycare for the schoolteachers. There is a possibility that someone outside of the school would want to use this for a daycare. Why is the stipulation out about the traffic hazard? There is no way to address traffic issues with this special use permit. Mr. Hickok stated that at any point, it is our obligation to bring special use permits back for review. If there is difficulty with parking and congestion we can schedule a meeting. Any modifications or stipulations can be made part of the permit. Councilmember Bolkcom stated that one gentleman in the neighborhood had contacted Mr. Burns about traffic and parking issues. Mr. Burns stated that it was totally related to Totino-Grace High School. Councilmember Bolkcom stated that there was an issue of parking that was somewhat unresolved. Mr. Hickok stated that the shift parking will address that with only three cars in the driveway at one time. It will be a matter of inconvenience if the driveway is not working well. That will be reviewed if it causes problems. Mayor Lund stated that a turnaround may be able to help that. Mr. Hickok stated that with side by side parking, the turnaround may not work. It is an existing single family driveway and seems to function well. Mr. Kais Guiga, Principal of Al-Amal School, stated that he can answer any questions. Councilmember Wolfe stated that he has seen parents double park to drop someone off. That should be watched and controlled. Mr. Guiga stated that they do have a volunteer to direct parents if they are parking wrong. If it is a continuing problem with some parents, they may be asked to leave the daycare. �r � � FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 2002 PAGE 10 Mayar Lund stated that there has been ongoing significant traffic problems in that neighborhood with the schools so close. Mr. Guiga stated that they try to coordinate school start and end times with Totino-Grace to reduce traffic issues during the day. MOTION by Councilmember Wolfe to approve Special Use Permit, SP #02-03, with the following stipulation: 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable daycare floor area. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. MOTION AM NDING THE ORDINANCE FROM THE FIRST READING OF THE ORDINA E REDRAWING WARD AND PRECINCT BOUNDARIES AS A RESULT OF RE ISTRICTING: Mr. Pribyl, Finance Directo stated that this is related to the first reading that occurred at the Council meeting on April 8, 02. There was a minor change and a recommendation was made to make a change in the desc tion of the Ward 3, Precinct l, northern boundary. The small portion of the City in the northw stern corner that was annexed from Coon Rapids in 1999 due to a change in districts was origina described by referencing parcels. This small change is the northern boundary of the City inste d of a parcel reference. That is the only change. MOTION by Councilmember Billin to amend the ordinance. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VO NG AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. ORDINANCE NO. 1165 AMENDI G THE FRIDLEY CITY CODE, CHAPER 1, LEGISLATIVE BODY, PERT NG TO WARD AND PRECINCT BOUNDARIES: Mr. Pribyl, Finance Director, stated the first readi g of this ordinance was held at the Council meeting on April 8, 2002. Staff proposed to chang boundaries as a result of redistricting done by the Supreme Court. The only change is the 1 guage modified to describe the northern boundaries of the City. MOTION by Councilmember Bolkcom to waive the rea ing and adopt Ordinance No. 1165 on the second reading and order publication. Seconded by C cilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MA OR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. �L - � CITYOF FRiDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE April 25, 2002 Kais Guiga, Office Manager AI-Amal School 1401 Gardena Avenue NE Fridley, MN 55432 Dear Mr. Guiga: On Monday, April 22, 2002, the Fridley City Council officially approved your request for a Special Use Permit, SP #02-03, to allow a licensed day care center, legally described as part of Lot 3, Meloland Gardens, generally located at 1413 Gardena Avenue NE. Approval of this special use permit is contingent upon the following stipulation: 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care floor area. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call me at 763-572-3590. Sincer y, �� . Sc Hickok Community Development Director SH/jt cc: Special Use Permit File Address File Mary Hintz Stacy Stromberg Action Taken Letter- Kais Guiga Page 2 April 25, 2002 Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by May 6, 2002. +,�� .._. ___ ' - ._..,__� Concur with action ken. a ' � /'�\iS ��_'\,'s (�,._r.� L�:,i s ._ xi i.'. . ��.` ;�. C-02-48 1 . • :�" �`-� 3 � Z`{ � � ��'�"> �(-° L��? STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SPECIAL USE PERMIT COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Special Use Permit, SP #02-03 Owner: Islamic Center of Minnesota The above entitled matter came before the City Council of the City of Fridley and was heard on the 22"d day of April, 2002, on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow a- a-l��e��d y�� c� legally described as Lot 3, Meloland Gardens, except north 330.6 feet thereof and except east 100 feet thereof subject to easement of record, generally located at 1401 Gardena Avenue NE. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approved with one stipulation. See City Council meeting minutes of April 22�d, 2002. 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 special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the�day of `��'J�,.�. , 2002. DRAFTED BY: '� City of Fridley 6431 University Avenue N.E. � � _ Fridley, MN 55432 Debra . Skogen, City CI ...�� .• �r!-.'. ... 1, +Ne� . F �v . �� . �� ` 1.., (��.:„' �, �J F �'i .. .l� .. . � . �� . ,�:�� ... ��.. . ^,�� q? � l, ' FRIDLEY CITY COUNCIL MEETING OF APRIL 22,2002 PAGE 7 �1r. Pribyl stated that the ordinance do not spell it out, it just speaks generically about alcoholic beverages. Councilmember Bolkcom asked if Cok and everything counts toward the food requirements. NIr. Pribyl stated that he would ass e that is how it is classified. Councilmember Bolkcom stated at is how it is classified in the agenda. She asked what the review process would be for the ext six months. Mr. Pribyl stated it would be rwazded to City Council for review. The real target is sis months from now. MOTION by Councilme ber Wolfe to continue the public hearing to October 28, 2002. Seconded by Councilme ber Barnette. UPON A VOICE V TE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIE UNArTIMOUSLY. MOTION by Co cilmember Wolfe to approve staffs recommendation for a six-month probationary perio . Seconded by Councilmember Barnette. Councilmember olkcom asked Mr. Knaak, City Attorney, if that motion was appropriate. Nir. Knaak stat d that they are in effect granting a probationary iicense ior a six-month period of time. MOTION b Councilmember Wolfe to amend the motion and granting AMF Bowling Centers, Inc., d/b/a aple Lanes, a probationary license for six months until October 28, 2002. Seconded by Counci ember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUNI) DECLARED THE MOTI CARRIED UNA1vIMOUSLY. NEW BUSINESS: '� 11. SPECIAL USE PERMIT, SP #02-03, BY AL-AMAL SCHOOL, TO CONVERT THE PROPERTY INTO A LICENSED DAYCARE CENTER, GENERALLY LOCATED AT 1413 GARDENA AVENUE N.E. (WARD 2): Mr. Hickok, Community Development Director, at the Council meeting on April 8, Council asked for more information. He indicated that the existing home would be converted to meet all County and State licensing requirements for a new daycare center. The home is on the east side of the Al-Amal school. The property is zoned R-1, single family residential. The eYisting ho��e was built in 1949 and two additions were built in 19�2 and 1996. The Qara�e was built in 1987. FRIDLEY CITY COUNCIL NIEETING OF APRIL 22,2002 PAGE 8 The property is owned by the Islamic Center of Minnesota and exists as a licensed family daycaze. Mr. Hickok stated that the City Code requires one parking space for every 100 square feet of usable daycare azea. The petitioner stated that 614 squaze feet of the home would be used to accommodate the daycaze center. According to the code requirement, six pazking spaces aze required for the daycare center. The existing driveway and pazking azea provide enough space for those si,c vehicles. Staff observed the property and noticed there are as many as three vehicles parked in the driveway at any given time. Code requires a daycare center to have a minimum lot size of 12,000 square feet. The dimension of the lot is 100 feet by 200 feet, which is 20,000 squaze feet. The daycare center will accommodate ten to fourteen preschool age children and will operate Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. N1r. Hickok stated that the Planning Commission reviewed this and recommended approval with stipulations. Daycaze centers are a permitted special use in the R-1 district, provided the are Y located in places of worship, schools, or other buildings on arterial or collector streets. Staff recommended that Council concur with the Planning Commission and approval be subject to stipulations. The petitioner is here to respond to any questions. After discussion with staff it was determined that a curb "bump out" is not a good idea. Staff recommended approval with one stipulation. Mr. Guiga, Principal of Al-Amal School, submitted a letter to Stacy Stromberg, Planner, and is present in the audience this evening. MOTION by Councilmember Wolfe to accept the letter. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED U�IANIMOUSLY. Mr. Hickok stated that the letter described two pick-up/drop-off shifts. The first shift, grades kindergarten through 12, will use the driveway from 8:O�am and 8:25 am. The second shift, for the daycare, will use the driveway from 8:30 a.m. until 8:45 a.m. In the afternoon, daycaze students will be dismissed at 3:15 p.m. Kindergarten through 12 students will be dismissed at 3:30 p.m. By creating two shifts, congestion is eliminated. Councilmember Wolfe stated that at the last presentation, Mr. Hickok stated that most people using the daycare work in the school. ; Mr. Hickok stated that was correct, or they are otherwise associated with the school. Councilmember Wolfe stated that the school provides pazking for staff. Mr. Hickok stated that was conect. Councilmember Wolfe stated that changes to the daycare really will not affect traffic. He said he has not received one complaint about tra�c or safety for a long time. Councilmember Barnette asked if the Islamic Center owned the home to the west. � FRIDLEY CITY COUNCIL MEETING OF APRIL 22,2002 PAGE 9 Mr. Hickok stated that it is owned partially by the school and there is an individual with part ownership living in the home. This person runs a home daycare operation. Councilmember Bolkcom asked Mr. Hatilcaas why they did not need a curb eYpansion. Mr. Haukaas stated that it cannot be put in with the existing utility poles. The other concern is that although it is used as a daycare now, it was designed to be a residential home. This is not an appropriate solution for a property that is designed for residential. The existing bump-out was intended for buses at the schoot. If there is a problem, perhaps the answer could be an addition of a sidewalk to the erpansion there now. It makes pazking a problem for the City because it is in the City's riaht-of-way, and the City would have to plow it and clear it. Councilmember Bolkcom thanked him for clearing that up. This is a special use permit for a daycaze for the schoolteachers. There is a possibility that someone outside of the school would want to use this for a daycare. Why is the stipulation out about the traffic hazard? There is no way to address tr�c issues with this special use permit. Mr. Hickok stated that at any point, it is our obligation to bring special use permits back for review. If there is difficulty with parking and congestion we can schedule a meeting. Any modifications or stipulations can be made part of the permit. Councilmember Bolkcom stated that one gentleman in the neighborhood had contacted Mr. Burns about traffic and parking issues. Mr. Burns stated that it was totally related to Totino-Grace High School. Councilmember Bolkcom stated that there was an issue of parking that was somewhat unresolved. Mr. Hickok stated that the shift parking will address that with only three cars in the driveway at one time. It will be a matter of inconvenience if the driveway is not working well. That will be reviewed if it causes problems. Mayor Lund stated that a turnazound may be able to help that. Mr. Hickok stated that with side by side pazking, the tumaround may not work. It is an existing single family driveway and seems to function well. Mr. Kais Guiga, Principal of Al-Amal School, stated that he can answer any questions. Councilmember Wolfe stated that he has seen parents double park to drop someone off. That should be watched and controlled. Mr. Guiga stated that they do have a volunteer to direct parents if they are parking w-ron�. If it is a continuin� problem �vith some parents, they may be asked to leave the daycare. FRIDLEY CITY COUNCIL NIEETING OF APRIL 22,2002 � PAGE 10 Mayor Lund stated that there has been ongoing significant tra�c problems in that neighborhood with the schools so close. Vfr. Gui�a stated that they try to coordinate school start and end times with Totino-Grace to reduce traffic issues during the day. ' MOTION by Councilmember �%olfe to approve Special Use Permit, SP #02-03, with the following stipulation: 1. At least one (1) off-street parking space shall be provided for each 100 square feet of useable daycare floor area. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlYINIOUSLY. 12. NIOTION A1�1 NDING THE ORDINANCE FR011�I THE FIRST READING OF THE ORDIN E REDRAWING WARD AND PRECINCT BOUNDARIES AS A RESL'I.T OF RE ISTRICTING: Mr. Pribyl, Finance Directo stated that this is related to the first reading that occurred at the Council meeting on April 8, 02. There was a minor change and a recommendation was made to make a change in the desc tion of the Ward 3, Precinct 1, northern boundary. The small portion of the City in the northw stern corner that was annexed from Coon Rapids in 1999 due to a change in districts was origin described by referencing parcels. This small change is the northern boundary of the City inste d of a parcel reference. That is the only change. MOTION by Councilmember Billin to amend the ordinance. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VO NG AYE, i�IAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 13. ORDINANCE NO. 1165 AMENDI G THE FRIDLEY CITY CODE, CHAPER 1, LEGISLATIVE BODY, PERT G TO WARD AND PRECINCT BOUNDARIES: Mr. Pribyl, Finance Director, stated the first read g of this ordinance was held at the Council meeting on April 8, 2002. Staff proposed to chang boundaries as a result of redistricting done by the Supreme Court. The only change is the 1 guage modified to describe the northem boundaries of the City. � MOTION by Councilmember Bolkcom to waive the rea ing and adopt Ordinance No. 1165 on the second readin�and order publication. Seconded by C ncilmember Barnette. UPON A tiOICE VOTE, ALL VOTING AYE, MA OR LUND DECLARED THE �IOTION CARRIED UNANIMOUSLY. � ABSTRACT r � . Receipt� �S ZD � ❑ Certified Copy Date Mailed Dat��me: � J / 1 :UO DOCUMENT N0. 16 7 5 6 81 . 0 AgS TRACT ❑ Tax Liens/Releases ANOKA COUNTY Doc.order � of � ❑ Multi-Co Doc Tax Pd MINNES�OTA ✓by: Pins: I HEREBY CERTIFY TH,4T THE.W�T�{I�IN FOR RECORD N 1"lA Y .L ��T WAS FILED IN THIS OFFICE Recordability/Delq�_ ❑Transfer ❑ New Desc. �: 0 0 PM AT FEES AND TAXES IN THE AMOUNT OF AND�L��U�CORDED. Filing Fees:02 U ❑ Division ❑ GAC PAID. Well Certificate ❑ Status ❑ Def.Spec RECEIPT N0. 2�O 2 O 6 7 3 O 5 Received this Date: Anoka County Recorder ❑ Other � No Change ANOKACOUN7YPROPE MAURfEN✓.DEVINE 1�1�4X ADMINISTRATOR/RECORDER/RE�ISTRAR Of TITLES Notes: ay DEPUIY pROPERIY 7AX ADMINISrRA70R/RECORDER/REGlS7RAR Of 7/7LES rj � � r- -- � � � � =—' 1N � LICENSE AGREEMENT The parties hereto are as follows : TOTINO-GRACE HIGH SCHOOL (hereinafter "Grace" ) and THE ISLAMIC CENTER OF MINNESOTA (hereinafter "Center" ) . WHEREAS, Center has facilities located across Gardena Avenue from property owned by Grace; WHEREAS, a portion of the property owned by Grace at 1350 Gardena Avenue, Fridley, Minnesota 55432 , is used as a parking lot for its educational and related activites; , WHEREAS, Center does not have sufficient off-street parking facilities to accommodate its Sunday School program and other community school activities; WHEREAS, because of its interest in assisting the Center , Grace is willing to allow its parking lot area to be used by members of the Center on a space available basis during times when Grace is not conducting normal classroom instruction, provided khat Grace is held harmless from any claims for damage to property or injuries sustained on the parking lot property by members of the Center . IT IS HEREBY AGREED AS FOLLOWS: 1 . Grace hereby grants Center , while owned and operated by Islamic Center of Minnesota and the members of Center , a license to use on a space available basis that certain parking lot located at 1350 Gardena Avenue, Fridley , Minnesota 55432 , while conducting or attending 1� � Sunday School classes or other community school activities of Center approved in writing in advance by the superinten- dent of Grace, at times that do not conflict with normal classroom instruction at Grace . 2 . In consideration of the license granted at para- graph 1 above, Center agrees to indemnify and hold Grace harmless from any and all causes of action or claims for damages or personal injuries that arise on account of or ' in connection with the use of the parking lot property by members or guests of Center . 3 . This agreement shall continue until terminated in writing by either party giving thirty ( 30 ) days written notice to the other party. In the event that Islamic Center of Minnesota ceases ownership or operation of Center , then this License Agreement and any rights granted Center here- under shall automatically be revoked and terminated without notice . 4 . All notices required to be given under the terms of this agreement should be given at the following addresses : Totino-Grace High School Islamic Center of Minnesota c/o Superintendent c/o Community Liaison 1350 Gardena Avenue 4056 Seventh Street N.E. Fridley, MN 55432 Columbia Heights, MN 55421 TOTINO-GRACE HIGH SCHOOL ISLAMIC CENTER OF MINNESOTA By �-� By _. z t S ��,P�z.�ur��-�-- z t S ,o�� . - z - l 1P � STATE OF MINNESOTA ) ' ) SS . COUNTY OF ) The foregoing instrument was acknowledged before me this aG,�,day of , 1� -1�. ► 1988 , by �i �:,-�- � �� ( C the ' of Totino-Grace High School . ..�_,-..�>..�_.� �,� ��y --�1�,.� . �a k4INR(N �REW Notar i�ublic Nnta�? rublic • Min:�cseta •�,;� HFnnepin Cot;nty ��{ ��y ('nmmi�s�•n ExP:r�s ,_.. June 23. t9Q' �.�.�R�...�K�.��A��a 1��l..\.�A a � ��, STATE OF MINNESOTA ) ) ss . COUNTY OF��_) The foregoing instrument was acknowledged before me this a��d a y o f ��r,.1,.� . 19 8 8 , b y /'1.„_.�,iJ;� .�.. ...�� the �,4,�,�,�,p��, of Islamic Center of Minnesota. ��A t� A M 1..ttl� Notary ublir_ ..�.�,..,,-.��y.-�v�.t*� ��-xn,�a. 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Staging of Earthwork Activities - The e,cavation and mo,�ing of soil materials shall I,e sch-du!ed so that the smalles} possible area will be unprotected from erosion for the shortest time feasible. Seeding - Seeding to protect disturbed areas shell be completed as specified on the drawlnas or in the specifications. Mulching - !��ulching shall be used to pro. ide temporary protection to soil s f ces rom 's cr:. Diversions Diversions shall be used to divert water from work areas and/or to collect runoff from work areas for treatment and safe disposition. ;Pciment Bt]sin - Sediment basins shall be uses to settle and filter out sediment from erodinq areas to protect water q:_ilit,, and properties below t Fence - Siit fences snap be used to trap sediment from areas of limited runoff. Silt fences -ire teml )orery anc shall be - emoved when -the �Ontr hULr�,Q rea IS perrr:(—inently StabI I'ea. Shcii be used for tre s';ie des sc Oi UnC�f+ rOR' urf.�e uressd.e s� s r tner structures or ��easures. A, :.hem cal pni.l -ion 1 r The r *raCtOr S� a''�� p' fide tc7 7,,s, Ici-r elS, Or _-oirstrL. c SL,Mi , to =lfect pollutants produced ds a by- product -f- _t, ;e r - t',_ ekrimp;e, m ined ricat�ng r, ransmissicn s, nvdrs iii lanes. `ar °aseS, JVg,DS. CSOn �,t ere =on p!et Cry ot'- r�ur, he Ej-� ;lutants sha'i. be removed .fron- the site and disposed of in gn-e ns. e 5 IL S til s'" ci s, 'Ne1iS S_ aS. Tre, Shal: be IOcCtea src 'De Inst_:Ile.. I -, - te ana ;jC l reg��, St'„nS. I D- etc ,nd egui c �� nr_ernin rn1, of brush, slash, or otner !"eS rlie frGa e� Of t,-le pro'egt sr,c b° �_,_ f`I�int-= °r�7nCri ]n�i re " -•- •�' OrKS Snell be ❑tie uGtel'; ma _ma ned n functlonal er,7tlQ empC, rar! +_re si.e restore a 7. e n t SDc'_If'_ t Gr are eStabi's e n tr) - _ _� _ �.., i . I! �e n�c �,_ ire, !lt- _'r?St ��!', i +. '7pp!��e. �n_rr'i t?• -_ t �- r� - un ;;r e for 'that tern_ Suer m�de _ �r ±ems re_r�sSar✓ and in-7ental to the completion ~,f �- i'g� -- _Perr;� !_)ate ? time C_cs,; - D'aCec d a,s after seed ;reg germination [� "��,� !E t ��,'' ✓tom± �r'S� Stl �,T �C? �7SI;I �.' tlmP aSS� Di c c e c r t•,�i, _ r eJ ert�t�nn hg',,r� P ,U ;fin grade at FaCn araa Fin' ish grace, See SOd, upon n uct:rg wor'�. maintain to project acceptance i��rap �itr storm sewer Per eF� ��_ n do Permanentntest date? �1 UPHILL FILTER FABRIC ` POS IMBI DISTURBED AREA 4 "HX18 "WX12 "D KEYSTONE CAP UNIT OR APPROVED EQUAL 8 "HX18 "WX24 "D KEYSTONE — STANDARD UNIT OR APPROVED EQUAL TOPSOIL DOWNHILL UNDISTURBED AREA INSTALL AS PER FILTER FABRIC MANUFACTURER'S RECOMMENDATIONS V) w a SILT FENCE DETAIL. ^dO SCALE MINIMUM AUTOMATIC SETBACK 1/4" PER COURSE TOPSOIL V.. r_-' —I 1=1 — - COMPACTED REINFORCED BACKFILL ZONE RETAINED BACKFILL GEOGRID REINFORCEMENT OR APPROVED EQUAL 6 12 ") VARIES: APPROX. (1) 8" COURSE PER 6' -0" VERTICAL HEIGHT IF REQUIRED DRAINING GRANULAR COMPACTED BASE AND BACKFILL TYPICAL RETAINING WALL SECTION NO S C -_ 6" EARTH FILL STRAW.ZFLAY BALE BARRIER PLACEMENT 6" MINIMUM 1"-2" WASHED ROCK ROCK CONSTRUCTION ENTRANCE NO SCALE DROP INLET WITH GRATE 9 8 8 B 8 8 B BALES 8 4 FROM INLET " ig ,—r— I STRAW BALES STAKED WITH 2 — STAKES PER BALE COMPACTED ,SOIL TO PREVENT PIPING —\ RUNOFF WATER_ WITH SEDIMENT I j STAKED STRAW BALE FILTERED l— WATER STRAW BALE DROP INLET SEDIMENT FILTER 288601 g.DWG FLON 6 "J 12" DEEP PENETRATION MINIMUM 2 STAKES PER BALE STRAW.ZFLAY BALE BARRIER PLACEMENT 6" MINIMUM 1"-2" WASHED ROCK ROCK CONSTRUCTION ENTRANCE NO SCALE DROP INLET WITH GRATE 9 8 8 B 8 8 B BALES 8 4 FROM INLET " ig ,—r— I STRAW BALES STAKED WITH 2 — STAKES PER BALE COMPACTED ,SOIL TO PREVENT PIPING —\ RUNOFF WATER_ WITH SEDIMENT I j STAKED STRAW BALE FILTERED l— WATER STRAW BALE DROP INLET SEDIMENT FILTER 288601 g.DWG