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ZOA05-04�F FRIDLEY .,: UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 �� L-c.- COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Rezoning Zoning Text Amendment PROPERTY lNFORMATlON: _(cer�ifi,�ate,o# survey required.for �ubmittal; see �tached,� ,� , Address: �'�� Property Identificat Legal Description: a�n Numb�r: - ' ' " " Lot Block Tract/Addition Current Zoning:_ Re quested Zonin� r�e.-/% S �°u�� Ir _ �. : _ Square footage/acreage: Reason for Rezonin�g: /1 Or; Section of Zoning Code to be Changed: (Attach requested language) Reason for Change: Have you operated business in a city which required a business license? Yes No � If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No q/tir/r�//�//v�V /Yi�V I�rI�rIV/V/V AIAV /�rAIwY//VA//�//�IIV /�/I�/,V �rIV IV /V /�/A//�/ti/r1�//�IAV/V A/A/ItiI�N/�//V /V /rrlrr/r/V ti/V /rIV /V /V A/tiIV/V /V YVIti1AI�Y//�//V /�V /�//i/�V M1V A/A/ FEE OWNER INFORMATION (as it appears on the property title) (Contrac u chase : Fee owners mus i�n this f rm pri�o�' to r cessing.) NAME: � ��" � ri��..�ti. �G�., �'�°t��=�� ADDRESS: v c``�;"�,� ,.....x, ��t,s=i DAYTIME P .._..,�.,....��..�..�.,,�..,�.��.,,....��......��..��..��.,�..,..,..�_�..��..�_..,....,..,�..�..�....,��..��..��..,��..��..,�� R INFORMATI NAME• . `' :.. ��C?-�ti��-- . ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: ..,..,�..,�..�..��.,.��..��....�..,.,,..,.,...��..�..,.....�..,..�..,..,��....,,..��..,�..��..,�.....�..�,�..�_..��.. FEES Fee: $1,500.00 � Rezoning $1,500.00 Zoning Text Amendment Application Number:� Receipt #: /�i �F�. � Received By: Scheduled Planning Commissio Date: Il'-�- D5 Scheduled City Council Date: "�l-c� 10 Day Application Complete Notification Date: �nyl�-- /f%- v ��' ��i4'�� i�-� '�� •¢��' 4;�'' 60 Day Date: II -� ,�l -U� _ _ CITYOF `- FRtDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTD/TTY (763) 572-3534 October 5, 2005 Peter Borman 120 River Edge Way Fridley MN 55432 Dear Mr. Borman: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your applications for a rezoning on September 30, 2005. This letter serves to inform you that your application is complete. Your Rezoning application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on November 2, 2005 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will hold a public hearing on your rezoning on November 21, 2005 at 7:30 P.M. Please qlan to attend both of these meetinqs. If you have any questions regarding this letter or the process, please fee! free to contact me at 763-572-3595. Sincerely, �� I Stacy S erg � Planner cc: Randy Iskierka 100 River Edge Way Fridley MN 55432 fntiaz Atli & Selena Salim 104 River Edge Way Fridley MN 55432 Brett Harvey 108 River Edge Way Fridley MN 55432 C-05-68 Keith 8� Barb Olson 122 River Edge Way Fridley MN 55432 Jim & Mariellen Haley 116 River Edge Way Fridley MN 55432 Ray 8� Doris Rucinski 124 River Edge Way Fridley MN 55432 George & Caroline Zogheib 128 River Edge Way Fridley MN 55432 Ken 8� Catherine Anderson 132 River Edge Way Fridley MN 55432 � r ��' �j/�� V V./�� `l �' - � `% " Y City of fridley (Officiaf Publication) PUBLIC HEARING ' BEFORE TME PLANNING COMMISSiON Notice is hereby given that there wil� be a ' pubtic hearing of the Fridley Planrting Commission at-tk�e^Fridley Mynisipa{ Ce�ter, 6431 Ufiiversity Avenue N.E, o:n Wednesqay, Nqvembet 2,'2�5; at T:30 � p.m: for tFre purpose of: Consideration of a Fiezartin�, ibA #05- 04, by' Peter gorrnan, to rez4n@ �pultiple properties from R-3,. Mym-Familyto R-1, . Single Family, legal deseripGpns on file and available at the City of Fridley MunicipaY Center, generally located at 100, 104, 1 D8, 1] 2, 116, 120. 124, 128, and 132 River Edge Way. Any and all persons desiring to be heerd shall be given an opportunity at the above stated time and place. ,Any questions relat- ed to this item may be refg�red: to Stacy . Strombe►�; P Mer, 8t Z63-572�585. ' _ :'_� j He@ri(?� impaired persons planning to attend . who need an interpreter ot other person: �+�M:d1�abHiti�s who teqtare aiQ�iliary aids `�°� � Ftaber�N CJoNic�s' `�4 7$3-572 3$DQ: n4. !�t tlaan October 27, 2005. Th� TDb nufiber is 763-572-3�34.' DIANE SAVqGE ; -'� CHAIR . PLAtJNIhKi GOAMNISStOid Pubfished: October 20, 2005 (Uct. 20, 2n05)YL/zoa 05 04-borman. 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, November 2, 2005, at 7:30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #05-04, by Peter Borman, to rezone multiple properties from R-3, Multi-Family to R-1, Single Family, legal descriptions on file and available at the City of Fridley Municipal Center, generally located at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 27, 2005. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: October 20, 2005 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. CASE NUMBER: Rezonin , ZOA 05-04 APPLICANT: Peter Borman Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To rezone multiple properties from R-3, Multi-Family to R-1, Single Family. LOCATION OF 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge PROPERTYAND Way. LEGAL DESCRIPTION: The legal descriptions are on file and available at Fridley Munici al Center. DATEAND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, November 2, 2005, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 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 Stacy Stromberg, Planner, 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 October 27, 2005. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: October 20, 2005 °'� Cit of Community Develoment Department y Public Hearin Notice Fridley g LEGEND 62nd Wa �: 1 I7 a' i�: C� T a�� F P� � I 4 �132 � � Rezoning Request ZOA #05-04 Petitioner: Peter Borman 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way � � 'wOr' L� L � i � � � c� w N Sources: A Fridley Engineering Fridley GIS Anoka County GIS Map Date: 10/18/05 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 193 RIVERS EDGE WAY NE 189 RIVERS EDGE WAY NE 185 RIVERS EDGE WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT 181 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 169 RIVERS EDGE WAY NE FRtDLEY, MN 55432 CURRENT RESIDENT 157 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 144 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT SIDENT 140 R1V�DGE WAY NE FRIDLE , MN 55432 CURRENT RESIDENT 132 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 120 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 108 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 177 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 165 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 152 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT ESIDENT 144 RI S EDGE WAY NE FRI Y, MN 55432 CURRENT� SIDENT 136 RIVF�S EDGE WAY NE FRIDLEf MN 55432 CURRENT RESIDENT 128 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 116 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 104 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 173 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 161 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 148 RiVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESfDENT 140 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 136 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 124 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 112 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 100 RtVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 192 RIVERS EDGE WAY NE 188 RIVERS EDGE WAY NE 184 RIVERS EDGE WAY NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT CURRENT RES�DENT CURRENT RESIDENT 180 RIVERS EDGE WAY NE 176 RIVERS EDGE WAY NE 172 RIVERS EDGE WAY NE FRIDLEY, MN 55432 FRiDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT 168 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESJDENT 125 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 113 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 101 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT SIDENT 65 6 AY NE FRI L Y, MN 55432 CURRENT RESIDENT 7144 RIVERVIEW TER NE FRID4EY, MN 55432 CURRENT RESIDENT 164 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 121 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 109 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 6103 E RIVER RD NE FRIDLEY, MN 55432 CURRE�V T R_ESIDENT 7144 R�IEW TER NE FRIDL�Y�MN 55432 CU ENT RESIDENT 714f�ERV1EW TER NE FR DL Y, MN 55432 CURRENT RESIDENT 129 RIVERS EDGE WAY NE FRtDLEY, MN 55432 CURRENT RESIDENT 177 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 105 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURREN7 RESIDENT 65 66 1/2 WAY NE FRIDLEY, MN 55432 CUR ;� NT RESiDE1V7 7144 JE�IE�RVIEW TER NE FRIDL :\�, MN 55432 CURREN7 RESIDEN7 6095 E RIVER RD NE FRIDLEY, MN 55432 CURRE T R SIDEIdT CURR NT RESIDENT CURRENT RESIDENT 6095 E�R, N{ RD NE 20� 6080 E RIVER RD NE FR1DL � N 55432 F�LEY, MN 55A32 FRfDLEY, MN 55432 De�relopment Review Committee Worksheet Address: Rezoning Request for River Ed'qe WaX Land Use Case; ZOA #05-04 ❑ Paul Bolin o Scott Hickok ❑ Ralph Messer . a Kevin Hanson ❑ Dave Jensen ❑ Layne Otteson ❑ Rachel Harris ❑ ]ulie ]ones ❑ `: Mary Smifh o Jon. Haukaas ,_ - v Ron Julkowski � Stacy Stromberg Planninq Issues: ❑ Setbacks En ` ineerin Issues: � ❑ Lot coverage ; o Drai�►age ❑ Aflowable square footage ❑ Utilifies ❑ Height ` ❑ Curbing requirements ❑ Landscape v o Hardship statement�narrative ❑ Fire Issues: ' ❑ Truck access `Buildin4 Issues: o Sprinkl�r requirements ❑ IBC . � : Hydrant location ;a �'' Stipulations: � � �� Comments: !1 �/• " r-�-�.. . "„ `.: '�.. 1 . �. � V v . '� � �. r�° ` ■ , , Name: Date, . Development Review Committee -W-orksheet Address: Rezonin4 Reguest for River Edae Way Land Use Case: ZOA #05-04 ❑` Paul Bolin o 5cott Hickok �Ralph Messer ❑`:' Kevin Hanson ❑ Dave ]ensen ❑ Layne Otteson v Rachel Harris ❑ Julie Jor�es ❑' Mary' Smith ❑)on Haukaas :❑ Ron Julkowski o St�cy Stromberg Plannin4 Issues, ❑ Setbacks Er�4ineerina Issues: o Lot coverage ; ❑ Drainage o ANowable. square footage ❑` Utilities ❑ Height v Curbing requirements _ ,❑ Landscape � o Hardship sta%ment/narrative 0 Fire Issues: n Truck access � Builtlinq Issues. ' D Sprinkler requirements � ❑ IBC ❑ Hydrant (ocation 'v � - Stipulations: � Comrrients: � �� _ , � . �� ;�.�� :�o �� - ��_.., � ��«�_� , �� 1 � � �Name: Date:- ��' � . Develo `ment Review Commit�e� Worksheet Address: Rezonin4 Request far River Edae Way Land Use Case: ZOA #05-04 o- Pau1 Bol'+n ❑ Scott Hickok ❑ Ralph Messer o Kevin Hanson o Dave Jensen ❑' yne Otteson o`' Rachel. Harris ❑ Julie Jones o ary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg P�anninc� Issues:;- o. Setbacks En4ineerina Issues: v Lot coverage o Drainage ❑ Allouvable square footage ❑ ` Utilities v Height ❑ Curbing requirernents ❑ Lan�scape � v Hardship s�atemen�/narrative ` ❑ � �� : Fire Issues: ❑ : Trvck access Buiidinq Issues'c ❑ Sprink�er requirements . o IBC a. Hydrant location n �: Stipulations: Comments: � Name: `�f Date: ��'�� /�� D+evelopment Review Committee Worksheet Address: Rezoninq Reauest for River Edge Way Land Use Case: ZOA #OS-04 v Paut Bolin ❑ Scott Hickok o Ralph Messer - ❑ Kevin Hanson o Dave Jensen ❑ Layne Otteson v' Rachel Harris ❑ Julie Jones . v Mary Smith o. Jon_ Haukaas Ron Jalkowski ❑ Stacy Stromberg Planninct Issues:`. o Setbacks En4ineerina Issues: n Lot co�erage v Drainage o Allowatile square footage`; ❑ Utilifies ❑ Height a Curaing requirements � ❑ Landscape. � - `❑ Hardship sfiaternen�Jnarrative _ ❑. Fire Issues: � o Truck access 'Buil�na Issues: ❑ Sprit�kler requirernents ❑ IBC - v Hydrant location ❑ � _..,--,. ' ��:. . � ' , • ' - ' . Stipulations� . � Co�inm+�nts: • ; �, Name: .!� . D�te;G�� _ '�' - _ _ Dedelopment Re��ev� Committee Worksheet Address: Rezoning Reauest for River Edge Way Land Use Case: ZOA #05-04 - Paut Bolin o Scott Hickok ❑ Ralph Messer ❑ Kevin Hanson ' o Dave Jensen v, Layne Otteson ❑ Rachel Harris ❑ Julie 7ones ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Julkowski ❑ Stacy Stromberg Plannin4 Issues: a Setbacks En ineerin Issues: ❑ Lot coverage o Drainage d Allowable square footage o Utilities n Height o Curbing requirements ❑ Landscape � o Ha�dship stat�ment/narrative � ` Fire Issues; ❑ ` Truck access � Buildina Issues: ❑ Sprinkler requirernents v �g� ❑ Hydrant location o fl' Stipulations: � . , � � Comments: j _—Lr �'' � �-�'– , : � �� /� /�S � : � � � : Name: Date: Development Review Committee Worksheet Address: Rezoning Re�uest for River Ed�e Way Land Use Case: ZOA #OS-04 ❑ Paul Bolin ❑ Scott Hickok ❑ Raiph Messer ❑ Keuin Hanson ` ❑ Dave Jensen o Layne Otteson ❑ Rachel Harris ` �Julie ]ones ❑ Mary Smith ❑ Jon :Haukaas v Ron 7ulkowski ❑. Stacy Stromberg Planninq Issues: ` v Setbacks En ineerina Issues: v Lot coverage ❑ Drainage . ; ❑ Aliowable square footage v' Utifities n Height n Curbing requirements ❑ Landscape o ' . `a Hardship statement/narrative ❑ � : ` Fire Issues: ❑ : Truck access Buildina Issues; ❑ : Sprin)cler requirements o IBC ❑ Hydrant locatior► v n Stipulations: Comments: r � �� '" � , ; � � . �� . = , � � � ; .�„ � �-'' �,'p �.� �' ��,�.b�-h��. - .3F,- � ,n,r � w � � ��,p� diYU2�� YP{ �� '� � �t' J �CtA�F�, �L» � i- . "� : Name: Date: � � J� a� Deveiopment Review Committee Worksh��t Address: Rezoninq Reauest for River Edge Way Land Use Case: ZOA #05-04 ❑ Paul Bolin ❑ Scott Hickok o Ralph Messer ❑ Kevin Hanson ❑ Dave )ensen - ❑ Layne Otteson : ❑ Rachel Harris ❑ 7ulie Jones ' ❑ Mary Smith ❑ Jon Haukaas ❑ Ron Jutkowski o Stacy Stromberg Plannin4 Issues: '❑ Setbacks En4ineerina Issues: : � ❑ Lot coverage o Drainage n Allo�+able square footage , ❑ Utilities a Height v Curbing requirements ❑ Landscape � o Hardship stateme�t/narrative ❑ ' , Fire Issues: ' ❑ Truck access Buildina Issues: o Sprinkler requirements ❑ IBC ❑ ` Hydrant location o � - Stipulationsc Camments; Name: Date: City of Fridley Land Use Application ZOA-05-04 November 2, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Peter Borman 120 River Edge Way Fridley MN 55432 Requested Action: Rezone property from R-3 to R-1 Existing Zoning: R-3 (Multi-Family) Location: 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way Size: 100 River Edge Way: approx. 9,960 sq. ft. 104 River Edge Way: approx. 9,840 sq. ft. 108 River Edge Way: approx. 9,840 sq. ft. 112 River Edge Way: approx. 9,840 sq. ft. 116 River Edge Way: approx. 9,840 sq. ft. 120 River Edge Way: approx. 9,840 sq. ft. 124 River Edge Way: approx. 9,840 sq. ft. 128 River Edge Way: approx. 9,840 sq. ft. 132 River Edge Way: approx. 12,989 sq. ft. Existing Land Use: Single Family Homes Surrounding Land Use & Zoning: N: Single Family & R-1 E: East River Road & ROW S: Stevenson Elementary School & P W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Section 205.07.01.A.(1) allows one family dwellings Zoning History: 100 River Edqe Way: 1957 — Lot is platted. 1960 — House and garage constructed. 104 River Edge Way: 1957 — Lot is platted. 1957 — House is constructed. 2001 — Deck consfructed. 108 River Edge Way: 1957 — Lot is platted. 1961 — House and garage constructed. 1975 — Addition to garage. 112 River Edge Way: 1957 — Lot is platted. No initial building permit for the house 1967 — Detached garage constructed. 1977 — Addition to house. 1979 — Decks constructed. 116 River Edqe Wav: 1957 — Lot is platted. 1959 — House constructed. 1960 — Detached garage constructed. 2001 — Detached garage removed and re- constructed. 120 River Edge Wav: 1957 — Lot is platted. 1958 — House and garage constructed. 1961 — Porch constructed. 1994 — Detached garage removed and re- constructed. 124 River Edge Wav: 1957 — Lot is platted. 1961 — House constructed. 1964 — Detached garage constructed. 128 River Edae Wav: 1957 — Lot is platted. 1957 — House and garage constructed. 132 River Edge Wav: 1957 — Lot is platted. 1957 — House constructed. 1997- Portico added to home. 2003 — Detached garage removed and a new attached garage with living space above constructed. Legal Description of Property: Lots 20-28, Block 1, River Edge Addition. Council Action / 60 Day Date City Council — November 21, 2005 60 Day Date — November 28, 2005 SUMMARY OF REQUEST Peter Borman, on behalf of all the owners of the properties at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way is requesting to rezone those fisted properties from R-3, Multi- Family to R-1, Single Family. SUMMARY OF ANALYSIS City Staff recommends approval of this rezoning request. • Proposed rezoning corrects an existing non- conformity. • Proposed rezoning is consistent with the Comprehensive Plan. Staff Report Prepared by: Stacy Stromberg ZOA #05-04 RE UEST The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R-1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all of them. Cross-hatched area to be rezoned ANALYSIS All of the above referenced properties were developed with single-family homes between the years of 1957-1961. They are all zoned R-3, Multi-Family and have been since the City's 1St zoning map dating back to 1958. The 1958 zoning map shows an R-3, Multi- Family zoning designation starting at the south edge of River Edge Way (61St Way) and extending all the way to Interstate 694 (Hwy 100). Sometime between 1958 and 1962 the school district purchased the land south of the subject properties, which resulted in a change of zoning from R-3, Multi-Family to P, Public. The land south of the subject properties is where Stevenson Elementary currently exists. As a result of the school property being rezoned to Public, a strip of R-3, Multi-Family land remains as a remnant of that once very large R-3 zoned property. The petitioner, Peter Borman, who lives at 120 River Edge Way has submitted this rezoning request on behalf of all of the adjoining neighbors. They would like to see the current zoning changed to reflect the current land use, which is singe family. While single family homes are a permitted use in the R-3, Multi-Family zoning district, changing the zoning to the lands current use, will allow the single family neighborhood to remain the same as it exists today. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designates this area as "Single Family." Therefore, rezoning these properties from R-3, Multi-Family to R-1, Single Family is consistent with the Comprehensive Plan and will promote preservation and reinvestment in of the existing single-family neighborhood. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. • Proposed rezoning corrects an existing non-conformity. • Proposed rezoning is consistent wiih the Comprehensive Plan. Narrative for Rezoning - River Edge Way All of the homes on River Edge Way are single family homes. Nine of the forty homes are zoned R-3. We petitioned the neighborhood and all agree to have the nine lots rezoned from R-3, to R-1. Peter Borman 120 River Edge Way n The following is a list of the River Edge Way homeowners that are directly affected and agree to the rezoning of our properties from R3 to R1: Iskierka, Randy 100 River Edge Way Si nnture: Alli, Intiaz a Salim 104 River Edge Wa�`��"°' Si nnture: Harvey, Brett 108 River Edge Way Si nnture: � Olson, Keith & arb 112 River Edge Way Si nature: � -i Haley, Jim & Mariellen 116 River Edge Way s Si nature: Borman, Peter & Linda 120 River EdgeJ'OD'2�,y � , Rucinski, Ruy �i Doris 124 River Edq�WQy Si nnture: � � Zogheib, Geor7 es & Ca oline 128 River Edge Way � � Si nnture: Anderson, Ken Catherine 132 River Edae Wav G � � � � 572-1897 572-2259 571-3961 571-4045 571-8847 571-4479 571-3963 612-226-2966 571-4092 . September 2005 Dear River Edge Way Neighbors, It has just recently come to our attention thctt the nine lots on the south side of River Edge Way, addresses 100 through 132, are zoned R3, General Multiple Units, rather than R1, One Family Units. Only these nine (ots are R3, the rest of our neighborhood is zoned properly as R1. We have contacted Mayor Scott Lund to find out what needs to be done to rectify the situation. Scott has researched city and county records and found that these properties have been zoned R3 as far back as 1958. Mark Jones who developed the neighborhood chose not to rezone the property when he divided the land into single family lots. The Stevenson school property was once zoned R3 but was changed to P, Public Facilities, when the school was built. Mayor Lund highly recommends that the nine property owners involved file for rezoning in order to avoid any future problems that could arise if these lots were to remain zoned for multiple dwellings. The fee to file a rezoning application is $1500. This fee would be the obligation of the home owners filing the application. Keep in mind; this offects oll of us within the neighborhood. In order to insure that our neighborhood remains as single family units, now and into the future, and to preserve property values, those not directly involved with rezoning their property may still want to help with the application fee. If al) forty homeowners along River Edge Way were to help, the cost would only be $37.50 per household. A check �an be made pnyable to the "City of Fridley" enrmarked River Edge Way Rezoning. � We will be submitting the rezoning application on September 30th. If you ore interested in contributing to he/p mointoin our neighborhood, please submit you c_o�#rrbution to Peter or Linda Bo�mon by September 23rd. If you have any questions ple�ase contact Pete Borman or Keith Olson. Sincerely, Peter & Linda Borman 120 River Edge Way 763-571-4479 bormanl@qwest.net Keith & Bnrb Olson 112 River Edge Way 763-571-4045 kandbolson@mcleodusa.net A color coded zoning map may be viewed or downloaded from the Fridley web site. www.ci. fridley.mn.us , t��>�� w .� � i0 ,s.,. ; j'A�, . ai h ,. ,.x „ . , .. � � °,. P �� 3 : $ a-� . � ,>,,,3ik1iE. Y'�f ;i7��°"c�P�'«�''�Z �.".. •, f^�LE�#if�: ;�s'�Sa11k�T��. . � Zoning Approximatc Designations: Acres: Percent: 1974 31.2 R_� - One Family Units 76 1.2 R_y - Two Family Units 281 4.4 R-3 - General Multiple Units 35 0.5 - R� - Mobile Home Parks � �� PUD - P�anned Unit Development � � � S-1 - Hyde Park Neighborhoods 76 1.2 - g_y - Redevelopment District 24 0.4 S-3 - Heavy Ind Onaway Addition" 23 0.4 C_� - Local Business 9� 1.5 - �_y - General Business 187 3.0 C� - General Shopping 4 0.1 � C-R1 - Generai O�ce 160 2.5 M_� - Light Industrial 1005 15.9 M_Z - Heavy Industrial 75 1.2 � M-3 - Outdoorintensive Meavy Ind. 12 p,Z � M.q - Manufacturing Only g23 I3.0 p - Public Facilities 110 1.7 � RR - Railroads 1312 20.7 ROW Water ISLE 6326 100.0 N Flood Way Floal Fringe Critical Area CITY OF FRIDLEY PLANNING COMMISSION NOVEMBER 2ND, 2005 CALL TO ORDER Chairperson Savage called the regular meeting�f the Planning Committee to order at 7:30 p.m ROLL CALL Members Present: Members Absent: Larry Kuechle, David ondrick, Diane Savage, Dean Saba, Brad Dunham Leroy Oquist, Barb ra Johns Others Present: Stacy Stromber , City Planner Julie Jones, PI nning Coordinator Paul Bolin, A istant Executive Director Jon Haukaa , Pu�lic Works Director Ray Rucins i, 124 Rive Edge Way NE George Z heib, 128 River Edge Way NE Barb & K ith Olson, 112 River Edge Way NE Peter Brett Bob M MOTION by Com minutes as prese �ri Anderson, 132 River�Edge Way NE rman, 120 River Edge Way NE arvey, 108 River Edge Way NE cken, 5940 3`� St. NE �agdik, Blue Print Homes Miskwik, Blue Print Homes MMISSlON MEETING MINUTES - October 19th, 2005 Kondrick, seconded by Commissioner Kuechle, to approve the UPON A VOICE OTE, ALL VOTWG AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRI D UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a Rezoninq, ZOA #05-04, bv Peter Borman, to rezone multiple properties from R 3, Multi Familv to R-1, Sinale Familv, aenerallv located at 100�104 108 112 116 120, 124 128 and 132 River Edqe Wav. MOTION by Commissioner Kuechle, seconded by Commissioner Kondrick, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg, City Planner presented a request from pefitioner, Peter Borman, owner of 120 River Edge Way, on behalf of aN the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R- 1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all of them. All of the above referenced properties were developed with single-family homes between the Pianning Commission, November 2ndthr 2005 years of 1957-1961. They are all zoned R-3, Multi-Family and have been since the City's 1St zoning map dating back to 1958. The 1958 zoning map shows an R-3 Multi Family zoning designation starting at the south edge of River Edge Way (615` Way) and extending all the way to Interstate 694 (Hwy 100). Sometime between 1958 and 1962 the school district purchased the land south of the subject properties, which resulted in a change of the zoning from R-3, Multi-Family to P, Public. As a result of the school property being rezoned to Public, a strip of R-3, Multi-Family land remains as a remnant of that once very large R-3 Zoned property. The petitioner Mr. �orman, who lives at 120 River Edge Way, has submitted this rezoning; request on behaff of aH of the adjoining neighbors. They would like to see the current zoning changed to reflect the current land use, which is single family. While single family homes�re a permitted use in tha R-3, Multi-Family zoning district, changing the zoning to the lands cu rent use, will allow the s�ngle famity neighborhood to remain the same as it exists today. i The City's zoning o dinance and official zoning map are the mechanisms that help the Cit achieve the vision I id out in the Comprehensive Plan. The law gives the City the authori "rezoneN property fr m one designated use to another, so long as the zoning is in conforn with the Comprehe sive Plan. The Comprehensive Plan's current land use map and 202 future land use map designated this area as "Single Family." Therefore, rezoning these properties from R-3� Multi Family to R-1, Single Family is consistent with the Comprehen: Plan and will promo�e preservation and reinvestment of the existing single-family neighbc to Staff recommends pproval of this rezoning request as the rezoning corrects an existing on- conformity and mak s the area consistent with the Comprehensive Plan. Commissioner Sa age questioned if there would be any stipulations to this recommend tion, Ms. Stromberg Commissioner Family. that there were no stipulations. commented that he was surprised this area was still zoned as R-3, �Vlulti Mr. Borman, of 12 River Edge Way NE, stated that this rezoning request was the idea o Olson of 112 River dge Way NE. The neighborhood had a block party and was discuss' with Mayor Scatt Lu d the zoning of the area. Mayor Lund s�id he would guide them in requesting the area to be rezoned. The neighborhood is a very unique, close knit commui A letter was sent to 0 homes and all but two homeowners contributed funds to help pay tl $1,500 fee required to rezone the property. Mr. Borman questioned if this rezoning has bE over looked by the ity, would the City be willing to waive the $1,500 rezoning fee. Commissioner Ku chle noted that the Planning Committee would not have the authority waive this fee and t e matter should be brought to the City Council for consideration. MOTION by Comm ssioner Kuechle, seconded by Commissioner Saba, to close the publ' hearing. UPON A UNANIM US VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE OTtON CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 F Commissioner MOTION by Co approval the cor I commented that this is a reasonable, functional request. I 'r� Keith ity. M. �sioner Saba, seconded by Commissioner Kuechle, to recommend ration of rezoning request, ZOA #05-04, to rezone multiple properties from _ . 0 Planning Commission, November 2"a'h, 2005 R-3, Multi-Family to R-1, Single Family, generally ►ocated at 100, 104, 108, 112, 916, 120, 124, 128, and 132 River Edge Way. This will be brought to the City Council on November 7`h, 2005 ai 7:30 p.m. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. 5955 3`° Street. � MOTiON by Commissioner hearings. UPON A UNANIMOUS VOIC DECLARED THE MOTION C seconded by Commissioner Kondrick, to open the public TE, ALL VOTING AYE, CHAIRPERSON SAVAGE ED AND THE PUBLIC HEARING OPENED AT 7;43 P.M. Ms. Stromberg, City Planner st ed that Blue Print Homes is seeking to replat portions of Block 2, City View Addition and po ions of Blocks 12 and 28, Hyde Park Addition, generally located between 57t'' Place and 61 Avenue and 3�d Street and University Avenue to create 16 new single family tots for Gateway est redevelopmenf project. 3 Blue Print Homes is also seeking to v cate portions of 57th Place, 58th Avenue, and 59tn Avenue, lying easterly of 3`d Street NE nd terminating at the University Avenue right-of-way, to accommodate the replat for the Gatewa West redevelopment project. The property is currently owned by the Fn ley Housing and Redevelopment Authority. This project is referred to as "Gateway West" a is comprised of properties formerly used as a used car lot, a vacant lot that once was occupied y Werner Furniture, a 4-plex and single family homes. In 1976, the City Council created the S-1, Hyd Park Ove�iay district which applied only to the properties located between Main Street and Un ersity Avenue and 57th Place and 61St Avenue. In 1976, this area of the ciry was a mixture of us s; made up of single family residential, duplexes, multi-family and commercial properties. The purpose of the overtay district was to recognize the mix of uses that existed at that time nd to no longer permit commercial properties within the Hyde Park district. At the time f the creation of the S-1, Hyde Park overlay district, the City Council promised the reside s of this area that by creating this district, they would no longer allow new commercial propertie and once the existing uses ceased operation they wouldn't be replaced. In 1994, Custom Mechanical wanted to sell their prope however, resale of their property, even to another mec of the Hyde Park overlay. In 1996, the HRA purchased the HRA purchased the Werner's Furniture site. rt to another mechanical contractor; ha 'cal contractor, wasn't allowed as part th Frank's Used Cars site and, in 1999, v� � � ��- � �- � � -�� City of Fridley (Offidal Publicatlon) ` PUBLIC HEARING BEFORETHE CITY COUNGL . LNotice is hereby given that there will be a° P�blio hearing of ttis Fddley Ciry Council at ` "tMe Fridiey Munioipal Center, 6431 ' �-University Avenue N'.E, on Moedey, . November 2x, 2005, ef 7:30 p.m: for the _ P��se af: �� _ �ideration af a ►tezoning, ZOA #05- .04, bY �e6az Berrri� to rezone multlple ' propertres fiom R;3; i,�IF�itl-Family ro H-1.. . Single FernMg, ieg� t�pc►iPtiong o�4 i'de,, 8rn! avafl8b(��gt 3t�-City csf FrFdley:; Munidp� Cgc�r g�eraNy loeateal,af 100� 1Q4: 10$, 142;:116, 120, 124, 12$, �a 1�'�aver Edgelnray. '�r �d.s�U persa,s de�iring to be t�ard�, sha� b� "ven an opp�iu�, � � �ye sxated � and place. MY questlons retat- ed ��tliia� rtem tnay be referred to Stacy �� ►Iber9. P1�41r,isr, at i63-572-3595. �o �re�a�� +� ane�t need an ir�ter�reter Qr other persptt� � 'diaagiiities wtio require suxiliary ��S eMaNd "oont�el 'HOberts CoIIiRS 8t 763-672- + �00 n0 laterthan Novemb8r 75, 20l)5. 'The . _": TDD number is 763-572-3534. , . i $CQ'TT J. LUND . "� _ MAYOR Pub�ished: November 10, 2005 � �� (Nov. !0, 2005)f2/zoa 05-04CC-bortnan Notice is hereby given Fridley City Council at University Avenue N.E. far the purpose of: PUBLIC HEARING BEFORE THE CITY COUNCIL that there will be a public hearing of the the Fridley Municipal Center, 6431 on Monday, November 21, 2045, at 7:30 p.m. Consideration of a Rezoning, ZOA #05-04, by Peter Borman, to rezone multiple properties from R-3, Multi-Family to R-1, Single Family, legal descriptions on file and available at the City of Fridley Municipal Center, generally lacated at 100, 1Q4, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than November 15, 2005. The TDD number is 763-572-3534. SCOTT J. LUND MAYOR Publish: November 10, 2005 � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 21, 2005 CRY OF FRIDLEY Date: November 15, 2005 To: William Burns, City Manager � �, ��► From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for Rezoning Request, ZOA #05-04, by Peter Borman M-05-136 INTRODUCTION The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties iisted above from R-3, Multi-Family to R-1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all of them. Cross-hatched area to be rezoned 36 PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for ZOA #Q5-Q4. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #05-04. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission and that the City Council hold a public hearing for Rezoning Request, ZOA #Q5-04 on November 21, 2005. 37 City of Fridley Land Use Application ZOA-Q5-04 November 2, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Peter Borman 120 River Edge Way Fridley MN 55432 Requested Action: Rezone property from R-3 to R-1 Existing Zoning: R-3 (Multi-Family) Location: 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way Size: 100 River Edge Way: approx. 9,960 sq. ft. 104 River Edge Way: approx. 9,840 sq. ft. 108 River Edge Way: approx. 9,840 sq. ft. 11 Z River Edge Way: approx. 9,840 sq. ft. 116 River Edge Way: approx. 9,840 sq. ft. 120 River Edge Way: approx. 9,840 sq. ft. 124 River Edge Way: approx. 9,840 sq. ft. 128 River Edge Way: approx. 9,840 sq. ft. 132 River Edge Way: approx. 12,989 sq. ft. Existing Land Use: Single Family Homes Surrounding Land Use & Zoning: N: Single Family & R-1 E: East River Road & ROW S: Stevenson Elementary School & P W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Section 205.07.01.A.(1) allows one family dwellings Zoning History: 100 River Ed�e WaY 1957 — Lot is platted. 1960 — House and garage constructed. 104 River Edge Way: 1957 — Lot is platted. 1957 — House is constructed. 2001 — Deck constructed. 108 River Edc1e Wav: 1957 — Lot is platted. 1961 — House and garage constructed. 1975 — Addition to garage. 112 River Edge Wav: 1957 — Lot is platted: No initial building permit for the house 1967 — Detached garage constructed. C-� �•. 1977 — Addition to house. 1979 — Decks constructed. 116 River Edqe Wav: 1957 — Lot is platted. 1959 — House constructed. 1960 — Detached garage constructed. 2001 — Detached garage removed and re- constructed. 120 River Edge Wav: 1957 — Lot is platted. 1958 — House and garage constructed. 1961 — Porch constructed. 1994 — Detached garage removed and re- constructed. 124 River Edqe Wav; 1957 — Lot is platted. 1961 — House constructed. 1964 — Detached garage constructed. 128 River Edge Wav: 1957 — Lot is platted. 1957 — House and garage constructed. 132 River Edae Wav: 1957 — Lot is platted. 1957 — House constructed. 1997- Portico added to home. 2003 — Detached garage removed and a new attached garage with living space above constructed. Legal Description of Property: Lots 20-28, Block 1, River Edge Addition. Council Action /60 Day Date City Council — November 21, 2005 60 Day Date — November 28, 2005 SUMMARY OF REQUEST Peter Borman, on behalf of all the owners of the properties at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way is requesting to rezone those listed properties from R-3, Multi- Family to R-1, Single Family. SUMMARY OF ANALYSIS Cify Sfaff recommends approva! of this rezoning request. • Proposed rezoning corrects an existing non- conformity. • Proposed rezoning is consistent with the Comprehensive Plan. Staff Report Prepared by: Stacy Stromberg ZOA #05-04 REQUEST The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R-1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all of them. Cross-hatched area to be rezoned ANALYSIS All of the above referenced properties were developed with single-family homes between the years of 1957-1961. They are all zoned R-3, Malti-Family and have been since the City's 1S' zoning map dating back to 1958. The 1958 zoning map shows an R-3, Multi- Family zoning designation starting at the south edge of River Edge Way (61 St Way) and extending all the way to Interstate 694 (Hwy 100). Sometime between 1958 and 1962 the school district purchased the land south of the subject properties, which resulted in a change of zoning from R-3, Multi-Family to P, Public. The land south of the subject properties is where Stevenson Elementary currently exists. As a result of the school 39 property being rezoned to Public, a strip of R-3, Multi-Family land remains as a remnant of that once very large R-3 zoned property. The petitioner, Peter Borman, who lives at 120 River Edge Way has submitted this rezoning request on behalf of all of the adjoining neighbors. They would like to see the current zoning changed to reflect the current land use, which is singe family. While single family homes are a permitted use in the R-3, Multi-Family zoning district, changing the zoning to the lands current use, will allow the single family neighborhood to remain the same as it exists today. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designates this area as "Single Family." Therefore, rezoning these properties from R-3, Multi-Family to R-1, Single Family is consistent with the Comprehensive Plan and will promote preservation and reinvestment in of the existing single-family neighborhood. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. • Proposed rezoning corrects an existing non-conformity. • Proposed rezoning is consistent with the Comprehensive Plan. .� ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 900 River Edcte Wav Lot 28, Block 1, River Edge Addition, subject to easement of record 104 River Edqe Wav Lot 27, Block 1, River Edge Addition, subject to easement of record '108 River Edqe Wav Lot 26, Block 1, River Edge Addition, subject to easement of record 112 River Edae Wav Lot 25, Block 1, River Edge Addition, subject to easement of record 116 River Edqe Wav Lot 24, Block 1, River Edge Addition, subject to easement of record 120 River Edqe Wav Lot 23, Block 1, River Edge Addition, subject to easement of record 124 River Edqe Wav Lot 22, Block 1, River Edge Addition, subject to easement of record 128 Rivers Edqe Wav Lot 21, Block 1, River Edge Addition, subject to easement of record 41 132 River Edqe Wav Lot 20, Block 1, River Edge Addition, subject to easement of record Is hereby designated to be in the Zoned District R-1 (Single Family). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (General Multiple Units) to R-1 (Single Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _DAYOF ,_. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 21, 2005 First Reading: Second Reading: Publication: 42 SCOTT J. LUND — MAYOR 0 e � . , �' � Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2005 71 '/Z Avenue Street rovement Project No. ST. 2005 3 Estimate No. 1 ........ .......................................$ 51,15750 Councilmember Bolkcom agenda. MOTION by Councilmen removal of Items 2 and 5. ; �sted ihat Items 2 and 5 be removed and placed on the regular ; � Barnette to approve the consent agenda as presented with the ided by Councilmember Wolfe. UPON A VOICE V E, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED NANIMOUSLY. ♦ n�nmT�aT llL+ T A!'Ti'Nil A. MOTION by C� and 5. Seconded UPON A VO � MOTION C cilmember Bolkcom to approve the agenda with the addition of Items 2 Councilmember Billings. VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE :D UNANIMOU5LY. vYE1V !+'U V1a11 Vx� : Donald E Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle Company parking lot. He has seen people sleeping in their cars. Mr. A ott, Public Safety Director, stated for the most part the property axound the Cattle Comp y would be considered private property. He told Mr. Anderson if he saw someone sleep' g in a car in the parking lot to ca11 911 and an officer would be called out to check to mak sure the person is okay. PUBLIC HEA.RINGS: 11. Consideration of an Ordinance io Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #OS-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 (River Edge Way) (Ward 3). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 6� `� UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:52 P.M. Julie Jones, Planning Coordinator, said the petitioner is Peter Borman who lives at 120 River Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Faxn.ily, to R- l, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and the City has received signatures from all of tl�em. All of the prc�perties requesting to be rezoned were developed as single-family homes between the years df 1957 through 1961. They are all zoned R-3, Multi-Family and have been since the City's first zoning map dating back to 1958. The 1958 zoning map shows an R-3, Multi-Family, zoning designation starting, at the south edge of River Edge Way (61 St Way) and extending a11 the way to Interstate 694. Sorrietime between 1958 and 1962, the school district purchased the land s uth of the subject properties, which resulted in a change of zoning from R-3, Multi-Family, to P, ublic. As a result of the �chool property being rezoned to Public, a strip of R 3, Multi-Fami y land remains as a remnant of what was once a very large R-3 zoned property. The petitioner d his neighbors would lil�e to see the current Zoning changed to reflect the current land use, hich is single family. � Ms. Jones said tha while single-family homes are a permitted use in the R-3 zoning 'strict, chan.ging the zo ' g to the land's current use will a11ow the single-family neighbor ood to remain the same as it exists today. The law gives the City the authority to rezone prope from one designated use �o another, as long as the zoning is in conformance with the Compre ensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map des gnates this area as"Single', Family." Rezoning these properties from R-3, Multi-Faxnily to R-1, Single Family is consist�nt with the Comprehensive Plan and will promote preservati n and reinvestment of th� existing single-fanuly neighborhood. The Plaiu�ing Commission held a public hearing on �s item on November 2, 2005, and unanimausly recommended ap roval. Staff recommends ouncil's approval. Councilmember Bc►lkcom asked if staff could have brought this before CounciL Ms. Jones replied �taff could have done tha.t, but did not really see a problem. The pe chose to bring it fo ard. Councilmember B lkcom asked if a fee was involved. Ms. Jones replied �here is a fee involved. Since single-family is a pernutted use in t zoning district, staf� does not typically go out and change that zoning. Councilmember B�lkcom asked what the fee was. Mayor Lund said i was $1,500. Keith Olson, 112 l�iver Edge Way, said at the Planning Corrunission meeting he aske� City would be willixyg to waive the fee if there were any unusual circumstances. I R-3 if �the � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21 2045 PAGE 7 Mayor Lund replied that is something they could consider. Councilmember Boikcom asked staff if they had ever waived any fees on anything similar to this. Scott Hickock, Community Development Director, said he cannot recall a situation where a group of residents have asked for a collective rezoning and they have waived the fees. It is something that he thinks should be put into the record that Council did take the approach at the time the Comprehensive Plan was adopted that there is an inconsistency and Council chose to take those on a case-by-case basis. There was not an urgent need to modify the rezoning unless there are petitioners. This is a bit different than the taxpayers just paying for staff time. There is a certain group who are getting a specific benefit to their property. Dr. Burns stated just to be clear on the record, he believed there times when they have waived the fee. Mr. Hickok stated Council has the ability to waive the fee at its discretion. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE PUBLIC HEA.RING CLOSED AT 8:10 P.M. 12. Consideration a�� an Ordinance Creating Chapter 205.32, 0-7, of the r'ridley �;iry Code Pertaining o Shoreland Overlay District. MOTION by Councilmem r Barnette to wa,ive the reading of the public hearing notice and open the public hearing. Seco ed by Councilmember Bolkcom. UPON A VOICE VOTE, VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED A 8:12 P.M. Ms. Jones, Planning Coordina.tor, sai ': Fridley. Fridiey needs to bring shoreli e mandate that was passed many years a overdevelopment. Even though Fridley i are still required to do. text amendment is for a Shoreland Overlay District in building requirements into conformity with the State � which was designed to protect public waters from a fully-developed community, this is something we � Ms. Jones stated in 1988, Fridley's staff gan drafting a shoreland overlay ordinance in prepaxation for a 1991 DNR mandate. Debate over details of the ordinance continued through the early 90's. Staff requested flexibility fro the State standard to only include first-tier properties. There was an issue about the DNR w ting us to include property within 1,000 feet of the first and second tier properties. Council w very concerned about creating many non- conforming properties by doing that, and the ordinan e was shelved after some debate. Lack of a slioreline oardinance is a concern again, and sta.ff has een warned that they need to adopt one � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 5, 2005 CffY OF FRIDLEY Date: November 28, 2005 � To: William Burns, City Manager;�� From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading of a Rezoning Request, ZOA #05-04, Peter Borman M-05-152 INTRODUCTION The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R-1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from afl of them. PAST COUNCIL ACTION At the November 21, 2005, City Council meeting, a public hearing was held for ZOA #05-04. PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for ZOA #05-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #05-04. THE MOTIDN CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMENDATtON City Staff recommends the Council hold the first reading of an ordinance for the approval of the rezoning ZOA #05-04 at the December 5 City Council meeting. In addition, staff does not recommend waiving the rezoning application fee as requested by the petitioner at the public hearing. Here are two reasons why: first, this rezoning primarily benefits the nine property owners involved. The remainder of the property owners in the City should not be required to pay the costs related to a rezoning which provides them little or no benefit. Second, waiving fees is not a good precedent to set. Soon Council may find a pattern of similar fee-waiving requests will emerge. 21 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 104 River Edue Wav Lot 28, Block 1, River Edge Addition, subject to easement of record 104 River Edqe Wav Lot 27, Block 1, River Edge Addition, subject to easement of record 108 River Edqe Wav Lot 26, Block 1, River Edge Addition, subject to easement of record 912 River Edqe Wav Lot 25, Block 1, River Edge Addition, subject to easement of record 116 River Eds�e Wav Lot 24, Block 1, River Edge Addition, subject to easement of record 120 River Edae Wav Lot 23, Block 1, River Edge Addition, subject to easement of record 124 River Edue Wav Lot 22, Block 1, River Edge Addition, subject to easement of record 128 River Edqe Wav Lot 21, Block 1, River Edge Addition, subject to easement of record 22 132 River Edqe Wav Lot 20, Block 1, River Edge Addition, subject to easement of record Is hereby designated to be in the Zoned District R-1 (Single Family). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (General Multiple Units) to R-1 (Single Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _DAYOF ,_. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: November 21, 2005 December 5, 2005 23 SCOTT J. LUND — MAYOR �'RIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 2 WATVED THE READING ADOPTED ORDINANCE 1215 ON SECOND READING AND ORDERED PUBLIC ION. 3. Second Reading an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real tate to be Surplus and Authorizing the Sale Thereof, Generally Located at El Street and Liberty Street (Ward 3). WAIVED THE ADING AND ADOPTED ORDINANCE NO. 1216 ON SECOND READING AND RDERED PUBLICATION. 4. Secon eading of an Ordinance Amending Chapter 205 of the Fridley City Code Perta' ing to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District (Zo g Text Amendment ZTA #OS-03, by the City of Fridley). WAIVE THE READING AND A.DOPTED ORDINANCE NO. 2217 ON SECOND READ G AND ORDERED PUBLICATION. NF. RTTCTNF.CC� 5. � Receive the Minutes from the Planning Commission Meeting of November 16, 2005. R�CEIVED. 6. First reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #OS-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge Way) (Ward 3). WAIVED THE READING AND ADUPTED THE ORDINANCE ON FIRST READING. 7. Resolut� n of the City of Fridley, Minnesota, Approving the Transfer and Exchange of Certa' Parcels of Land with Kent L. Craft and Kathleen M. Craft, Generally Located at en Creek Road and Logan Parkway (Ward 3). William Burns, stated e City is trading Tract B for an easement that is part of the Crafts' property. Staff recommen Council's approval. ADOPTED RESOLUTION . 2005-7L 8. Resolution of the City of F' ley, Minnesota, Approving tbe Transfer and Ezchange of Certain Parcels of Land w Peter J. Kadlec and Richard G. Kadiec, Generally Located at Ely Street and Libe Street (Ward 3). William Burns, stated the City proposes to recommends Council's approval. Tract A for a right-of-way easement. Staff 0 � ` ClTlf OF FRIDLEY Date: To: AGENDA lTEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 6, 2005 William Burns, City Manager A!�� 4` From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of a Rezoning Request, ZOA #05-04, Peter Borman M-05-165 INTRODUCTION The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R-1, Single Family. The owners of these properties would like to see the current zoning changed to reflect the current land use, which is singe family. While single family homes are a permitted use in the R-3, Multi-Family zoning district, changing the zoning to the lands current use, will allow the single family neighborhood to remain the same as it exists today. PAST COUNCIL ACTION At the December 5, 2005, City Council meeting, the first reading was approved for ZOA #05-04. THE MOTION CARRIED UNAMIOUSLY. At the November 21, 2005, City Council meeting, a public hearing was held for ZOA #05-04. PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for ZOA #05-Q4. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #05-04. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends the Council hold the second reading of an ordinance on December 12 for the approval of the rezoning ZOA #05-04. � �'RIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2 OLD BUSINESS: 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezaning Request, 7AA #OS- 04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family�, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128'' and 132 River Edge Way (Ward 3). i j Dr. Burns, City ; Manager, stated Council approved the first reading of this ordinan e at the Council meeting �n December 5. Staff recommends Council's approval of the second r ading of this ordinance. � � WAIVED THE� ADING OF THE ORDINANCE AND APPROVED ORDIN CE NO. 1219 ON SEC4NfD READING AND ORDERED PUBLICATION. i 2. Egtension of Pre 'minary Plat Request, PS #03-18, by Town Center Devel pment, �enerally Locate at 12$2 Mississippi Street and 6490 Central Avenue N. (Ward 2). Dr. Burns, City 1Wlanager, sta.t the preliminary plat for a 54-unit senior condomini project was approved on January 5, 200 . The developer needed a six-month extension of hi plat to resolve legal issu�s regarding the wnership of the land located at 1282 Mississippi S eet and 6490 Central Ave' ue N.E. While e legal issues have been resolved in the developer s favor, he receive the sig�ed mylazs from An ka County in time for tonight's meeting. They e pect the final plat for this roject to come bef e Council at its January 9 meeting. Staff reco ends Council's approva�of an additional six- onth extension. � APPROVED. I� „ 3. Approve Comprehensive Sign Plan r Creekside Properties, Generally Lo ated at 7101 High�vay 65 N.E. (Ward 2). Dr. Burns, City anager, stated Karen Sorenson, wner of Creekside Properties, is re uesting Council's approv of a comprehensive sign plan. e signs will be placed on the wes side of the building and w�ll consist of 3' x$' panels with bla and blue lettering on wiute bac ound. StafF recommends ICouncil's approval. APPROVED. il 4. ResolutionlApproving a Plat, P.S. #05-04, Lots 1 an 2, Olivia Grove, by the City of Fridley, fo the Purpose of Creating Two Lots, Gene lly Located at 753 an 755 — 53`a Avenu�le NE, Fridley, MN (Target Corporation) (W d 1). Dr. Burns, City Iv�anager, stated this is a subdivision for the prop ed Super Target at was approved on June �7, 2005. The subdivision of this property allows r the freestandin Petco store. Staff recommends Council's approval. � ' � _ CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • TTDlTTY {763) 572-3534 CITY COUNCiL ACTION TAKEN NOTICE December 14, 2005 Peter Borman 120 River Edge Way Fridley MN 55432 Dear Mr. Borman: On Monday, December 12, 2005, the Fridley City Council officialiy approved your request for a rezoning, ZOA #05-04, to rezone muitip(e properties from R-3, Multi-Family to R-1, Single Family, legally described as Lots 20-28, Block 1, River Edge Addition, generaily located at 100,104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. If you have any questions regarding the above action, p(ease call me at 763-572-3590. Sincer , , � �'`-`� � c' Hickok, ICP C mmunity Development Director SH/jb cc: Address File Rezoning File GIS Dept. Assessing Dept. Stacy Stromberg Mary Hintz 8 other properties included in rezoning Please review the above, sign the statement below and retur e opy to City of Fridley Planning Department by December 30, 2005. ' oncur with action taken. C-05-82 ORDINANCE N0.1219 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 100 River Ed�e Wav Lot 28, Block 1, River Edge Addition, subject to easement of record 104 River Ed�e Wav Lot 27, Block 1, River Edge Addition, subject to easement of record 108 River Ed�e Wav Lot 26, Block 1, River Edge Addition, subject to easement of record 112 River Edge Wav Lot 25, Block 1, River Edge Addition, subject to easement of record 116 River Edge Wav Lot 24, Block 1, River Edge Addition, subject to easement af record 120 River Edge Wav Lot 23, Block 1, River Edge Addition, subject to easement of record 124 River Edge Wav Lot 22, Block 1, River Edge Addition, subject to easement of record 128 Rivers Edge Wav Lot 21, Block 1, River Edge Addition, subject to easement of record 132 River Edge Wav Lot 20, Block 1, River Edge Addition, subject to easement of record Is hereby designated to be in the Zoned District R-1 (Single Family). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (General Multiple Units) to R-1 (Single Family). PASSED AND ADOPTED BY 'TI� CITY COUNCIL OF THE CIT'Y OF FRIDLEY THIS 12� DAY OF DECEMBER, 2005. ,��e� � SCOTT J. UN — MAYOR ATTEST: DEBRA A. SKOGEN — TY CLERK Public Heazing: November 21, 2005 First Reading: December 5, 2005 Second Reading: December 12, 2005 Pubtication: December 22, 2005 �. .� �� -� �-��'��.�'-�r� � City of Fridley (Ott(c(al Publtcadon) ORDINANCE N0.1219 ORDINANCE TO AMEND THE CITY GODE Olt T'HE CITY OF FAIDIE'Y. M�ESOTA 9Y YAKING A CHANOE IN ZONIN4 DISTRICTS The Gouncit of fihe Ci;y of Fridley doe9 .qndoin as foNp�. , � $LG'k7QN i> . �p�i �`'�" C�t Code is an�erWed h�la� �i�i��, ed. $� 2 'tiui 'tin� or'aiaei tirNhin lhe a�/�roka ar+d tlte CtcY of FdcA�r and �. , 1�Q I�iwr Wav , '1_ot 28. 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