REZONING-ANOKA CO FILING. �
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
)
)
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In the Matter of: A Rezoning, ZOA #05-04
Owner: Peter Borman and Linda K. Borman
IIIIII IIIII IIIII IIIII I�III IIIII II�I� IIII IIII
Recard ID 1648232
1981263.�24
CITY COUNCIL PROCEEDINGS
REZONING
The above entitled matter came before the City Council of the City of Fridley and was heard on the 12th day of
December, 2005, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the
following described property:
To rezone property from R-3, Multi-Family, to R-1, Single Family, legally described as Lot 23, Block 1,
River Edge Addition, subject to easement of record, generally located at 120 River Edge Way.
IT IS ORDERED that a rezoning be granted as upon the following conditions ar reasons:
Approval with no stipulations. See City Council meeting minutes of November 21, 2005, December 5, 2005,
and December 12, 2005.
STATE OF MINNESOTA )
COUNTY OF ANOKA
)
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
.
I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I
have compared the foregoing copy and Order granting a rezoning with the original record thereof preserved in
my office, and have found the same to be a correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the o���- day of ,�.-c,�k,�..�, , 2005.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Debra A. Skogen, City Clerk
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ORDINANCE NO. 1219
ORDINANCE TO AMEND THE CITY CODE OF THE CITY QF FRIDLEY, MINNESOTA BY
MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECT'ION 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 Way
Lot 28, Block 1, River Edge Addition, subject to easement of record
104 River Edg„e Way
Lot 27, Block l, River Edge Addition, subject to easement of record
108 River EdQe Wav
Lot 26, Block 1, River Edge Addition, subject to ea.sement 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 of record
120 River Ed�e 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 Edge Wav
Lot 21, Block 1, River Edge Addition, subject to easement of record
132 River Ed�e WaY
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. Tha,t the Zoning Administrator is directed to change the official zoning map to show said
tract or azea to be rezoned from Zoned District R-3 (General Multiple Units) to R-1
(Single Family).
PASSED AND ADOPTED BY THE CITY COUNCIL 4F THE CITY OF FRIDLEY THIS 12� DAY
OF DECEMBER, 2005.
ATTEST:
� � �
DEBRA A. SKOGEN — CLERK
Public Hearing: November 21, 2005
First Reading. ' December 5, 2065
Second Reading: December 12, 2005
Publication: December 22, 2003
.�'�' � �,
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SCOTT J. UN — MAYOR
FRIDLEY CITY COUNCIL MEETING OF DECEMSER 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 Disfricts (Rezoning Request, ZOA #05-
04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1,
Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132
River Edge Way (Ward 3).
Dr. Burns, City Manager, stated Council appraved the first reading of this ordinance at the
Council meeting on December 5. Staff recommends Council's approval of the second reading of
this ordinance.
WAIVED THE READING OF THE ORDINANCE AND APPROVED ORDTNANCE NO.
1219 ON SECOND READING AND ORDERED PUBLICATION.
2. Extension of
Generally Lc
2).
�ary Plat Request, PS #03-18, by Town Center Development,
12$2 Mississippi Street and 6490 Central Avenue N.E. (Ward
Dr. Burns, City Manager, sta.t the preliminary plat far a 54-unit senior condomi.nium project
was approved on January 5, 200 . The developer needed a six-month extension of his plat to
resolve legal issues regarding the wnership of the land located at 1282 Mississippi Street and
6490 Central Avenue N.E. While e legal issues have been resolved in the developer's favor,
he receive the signed mylars from An ka County in time for tonight's meeting. They expect the
fmal plat for this project to come bef e Council at its January 9 meeting. Staff recommends
Cauncil's approval of an additional six- onth extension.
APPROVED.
3. Approve Comprehensive Sign Plan r Creekside Properties, Generally Located at
7101 Iiighway 65 N.E. (Ward 2).
Dr. Burns, City Manager, stated Karen Sorenson, wner o£ Creekside Properties, is requesting
Council's approval of a comprehensive sign plan. e signs will be placed on the west side of
the building and will consist of 3' x 8' panels with bla and blue lettering on white background.
Staff recommends Council's approva.l.
APPROVED.
4. Resolntion Approving a Flai, P,S. #05-04, Lots 1 an 2, Olivia Grove, by the City of
Fridley, for the Purpose of Creating Two Lots, Gene ily Located at 753 and 75S —
53`d Avenue NE, Fridley, MN (Target Corporatian) (W d 1).
Dr. Burns, City Manager, stated. this is a subdivision for the propd
approved on June 27, 2005. The subdivision of this property allows
store. Staff recommends Council's approval.
Super Target that was
the freesianding Petco
FRIDLEY CITY COUNCIL A'IEETING OF DECEMBER 5, 2005 PAGE 2
WAIVED THE READING�A�D ADOPTED ORDINANCE 1215 ON SECOND READING
AND ORDERED PUBLIC �I'ION.
3. Second Reading an Ordinance Under Section IZA6 of the City Charter Declaring
Certain Real tate to be Surplus and Anthorizing the Sale Thereof, Generally
Located at EI Street and Liberty Street (Ward 3).
WANED 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 ng Text Amendment ZTA #05-03, by the City of Fridley).
W
5.
THE REA.DING AND ADOPTED ORDINANCE NO. 1217 ON SECOND
AND ORDERED PUBLICATION.
Receive the Minutes from the Planning Commission Meeting of November 16, 20Q5.
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 R.iver Edge Way) (Ward 3).
WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING.
7. Resoluti 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 . 2005-71.
8. Resoluhon of the City of F' ley, Minnesota, Approving the Transfer and Egchange
of Certain Parcels of Land w Peter J. Kadlec and Richard G. Kadlec, Generally
Located at Ely Street and Liber Street (Ward 3).
William Burns, stated the City proposes ta�
recommends Council's approval.
Tract A for a right-of-way easement. Staff
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21 2005 P�
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
71 1/z Avenue Street rovement
ProjectNo. ST. 2005 3
Estimate No. 1 ...... ........................ ...........$ 51, 3 57.50
Councilmember Bolkcom req sted that items 2 and 5 be removed and placed on the regular
agenda. �
MOTION by Councilmem er Barnette to approve the consent agenda as presented with the
removal of Items 2 and 5. econded by Councilmember Wolfe.
UPON A VOICE V E, ALL VbTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED ANIMOUSLY.
a �ATTTAI�T AT TT A /'�Ti ATT A . � . � � �
MOTION by Co cilmember Bolkcom to approve the agenda with the addition of Items 2
and 5. Seconded y Councilmember Billings.
UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION C D UNANIMOUSLY.
Donald E�Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle
Compa.ny parking lot. He has seen people sleeping in their cars.
Mr. A ott, Pubiic Safety Director, stated for the most part the property around the Cattle
Comp y wouid be considered private property. He told Mr. Anderson if he saw someone
sleep� g in a car in the parking lot to call 911 and an officer would be called out to check to
mak sure the person is okay.
PUBLIC HEA.RINGS:
11. Consideration of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#05-04, by Peter Borman to Rezone Multiple Properties from R 3, Multi-Family, to
R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 124, 124, 128 and
132 (River Edge WaY) �'ard 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 1?�0 River
Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, 124, 128,
and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Famil�, to R-
l, Single Family. The petitioner has contacted all of the above property owners regar�ing the
rezoning request and the City has received signatuxes from all of them. All of the pr perties
requesting to be rezoned were developed as single-family homes between the years f 1957
through 1961. They are all zoned R-3, Multi-Family and have been since the City's firs zoning
map dating back jto 1958. The 1958 zoning map shows an R-3, Multi-Fainily, zoning
designation startin� at the south edge of River Edge Way (61 St Way) and extending all th way to
Interstaxe 694. Sorrhetime between 1958 and 1962, the school district purchased the land outh of
the subject properti�s, which resulted in a change of zoning from R-3, Multi-Family, to P, Public.
As a result of the school property bein.g rezoned to Public, a strip of R-3, Multi-F ly land
remains as a remnai�:t of what was once a very lazge R-3 zoned property. The petitioner and his
neighbors would like 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 istrict,
changing the zonirig to the land's current use will allow 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 to 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 de ignates
this area as"Single'' Family." Rezoning these properties from R-3, Multi-Family to R-1 Single
Family is consist�nt' with the Comprehensive Plan and will promote preservati n and
reinvestrnent of th� existing single-faznily neighborhood. The Planning Commission held a
public hearing on t�khis item on November 2, 2005, and unanimously recommended a proval.
Sta.ff recommends �ouncil's approval.
Councilmember B�ikcom asked if staff could have brought this before Council.
Ms. Jones replied �taff could have done that, but did not really see a problem. The pe
choseto bring it fo azd.
Councilmember B lkcom asked if a fee was involved.
Ms. Jones xeplied �here is a fee involved. Since single-family is a permitted use in 1
zoning district, staff',does not typically go out and change that zoning.
Councilmember B lkcom asked what the fee was.
Mayor Lund said it was $1,500.
Keiih OIson, 112 'ver Ed.ge Way, said at the Planning Commission meeting he aske
City would be willinjg to waive the fee if there were any unusual circumstances.
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kitioner
M�c3
if �the
.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21 2005 PAGE 7
Mayor Lund replied that is something they could consider.
Councilmember Botkcom asked staff if they had ever waived any fees on anything similar to
this.
5cott Hickock, Community Development Director, sa.id 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 io �lieir property.
Dr. Burns sta.ted 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 discretian.
MOTION by Coun.cilmember Bolkcom to close the public hearing. Seconded by
Cauncilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
PUBLIC HEARING CLOSED AT 8:10 P.M.
12. Consideration ' o�f an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City
Code Pertaining�o Shoreland Overlay District.
MOTION by Councilmem r Bamette to waive the reading of the public hearing notice and
open the public hearing. Seco ed by Counciimember Bolkcom.
UPON A VOICE VOTE, VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED A 8:12 P.M.
Ms. Jones, Planning Coordinator, sai 's text amendxnent is for a Shareland Overlay District in
Fridley. Fridley needs to bring shorel' e building requirements into conformity with the State
mandate that was passed many years a which was designed to protect public waters from
overdevelopment. Even though Fridley i a fully-developed community, this is something we
are still required to do.
Ms. Jones stated in 1988, Fridley's staff gan drafting a shoreland overlay ordinance in
preparation for a 1991 DNR mandate. Debate over details of the ordinance continued through
the early 90's. Sta.ff requested flexibility fro the Sta.te standard to only include first-tier
properties. There was an issue about the DNR. w ting us to include properiy within 1,000 feet
of the first and second tier properties. Council w very concenzed about creating many non-
conforming properties by doing that, and the ordinan e was shelved after some debate. Lack of a
shoreline ordinance is a concern again, and staff has een warned that they need to adopt one
�
.�OI�� COUNTY 1�1INNESOT.�
Docurnent No.: 1981263.024 ABSTR.<�CT
I���i•cvy' certify that the �,vithin instriunent was f 1e�d in this
oY�ioe foi• i•zeord oti: 01,�12; 20O6 �:O l:00 PM
Feas��`Ta?�es In the �i�ount of $46.Q0
1��1.�UREEN J. DEVINE
_anoka County Property Tax
<�dministrator�`R�corder�'&zgistl•ar of Titles
SLZ, Deputy
Record ID: 1�48232
I