REZONING-ANOKA CO FILING0
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
}
)
)
In the Matter of: A Rezoning, ZOA #05-04
Owner: Keith L: Olson and Barbara Ann Oison
i iiii�i iiiii iiiii iiiii iii�i ii�ii i�iii iiii iii�
Record ID 1648189
19$1263.0��
CITY COUNCIL PROCEEDINGS
REZ4NING
The above entitled matter came before the City Councii of the City of Fridley and was heard on the 12th day of
December, 2005, on a petition for a rezaning pursuant to the City of Fridiey's Zoning Ordinance, for the
foilowing described property:
To rezone property from R-3, Multi-Family, to R-1, Singie Family, legally described as Lot 25, Biock 1,
River Edge Addition, subject to easement of record, generaily located at 112 River Edge Way.
IT IS ORDERED that a rezoning be granted as upon the following conditions or reasons:
Approval with no stipulations. See City Council meeting minutes of November 21, 2005, December 5, 2005,
and December 12, 2005.
STATE OF MINNESOTA )
COUNTY C?F 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 ,�q� day of ���_ �,��J , 2005.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Debra A. Skogen, City Clerk ,, `
. �,ti �
. . . k ���� L.. L .. � /�; �� . � .
,� C� ���/
� ; t�a��C1L)
: �. � r :� ,
. . C..Z � - ,.;✓ �°,� � b' � .
�
. . ' ..� �� a ` , �" y .
. i '. . � " f. i
J
1 • "1:,
� ���'' l l, j� l�`� e� `,.
�i\11_
�
ORDINANCE NO. 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 orda.in 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 Edge Wav
Lot 28, Block 1, River Edge Addition, subject to easement of record
104 River Ed�e Wav
Lot 27, Btock 1, River Edge Addition, subject to easement of record
108 River Edge Wav
Lot 26, Block 1, River Edge Addition, subject to easement of record
112 River Ed�e Wav
Lot 25, Block 1, River Edge Addition, subject to easement of record
116 River Edge Wav
Lot 24, Block 1, R.iver Etige Addition, subj ect to easement of record
120 River Edge Wav
Lot 23, Block 1, River Edge Adc�ition, subject to easement of record
124 River EdQe Wav
Lot 22, Block 1, River Edge Addition, subject to ea.sement of record
128 Rivers Edge Wav
Lot 21, Block 1, River Edge Addition, subject to easement of record
132 River Edge Wav
f d
Lot 20, Block 1, River Edge Addrtion, sub�ect to easement o recor
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 azea 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 12'� DAY
OF DECEMBER, 2005.
,�w'.f [ +�Ir
SCOTT J. UN — MAYOR
ATTEST:
DEBRA A. SKOGEN — CLERK
Public Hearing: November 21, 2005
First Reading: December 5, 2005
Second Reading: December 12, 2005
Publication DecembeT 22, 2005
FRIDLEY 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 (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, sta.ted Council approved 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 ORDINANCE NO.
1219 ON SECOND READING AND ORDERED PUBLICATION.
2. Egtension of
Generally Lc
2).
�ary Plat Request, PS #03-18, by Town Center Development,
1282 Mississippi Street and 6494 Central Avenue N.E. (Ward
Dr. Burns, City Manager, stat the preliminary plat for 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
final plat for this project to come bef e Council at its January 9 meeti.ng. Staff reconunends
Council's approval of an additional six- onth extension.
APPROVED.
3. _ Approve Comprehensive Sign Plan r Creekside Properties, Generally Located at
7101 Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, sta.ted Karen Sorenson, wner of Creekside Properties, is requesting
Council's approval of a comprehensive sign plan. e signs will be placed on the west side of
the buildang and will consist of 3' x 8' panels with bla and blue lettering on white background.
Staff recommends Council's approval.
APPROVED.
4. Resolution Approving a Plat, P.S. #OS-04, Lots 1 an 2, Olivia Grove, by the City of
Fridley, for the Purpose of Creating Two Lots, Gene lly Located at 753 and 755 —
53`a Avenue NE, Fridley, MN (Target Corporation) (W d 1).
Dr. Burns, City Manager, stated this is a subdivision for the prop ed Super Tazget that was
approved on June 27, 2005. T'he subdivision of this property allows r the freestanding Petco
store. Staff xecommends Council's approval.
FRIDLEY CITY COUNCIL 112EETING OF DECEMBER 5 2005 PAGE 2
WAIVED THE READING A.DOPTED 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. Secan eading of an Ordinance Amending Chapter 245 of the Fridley City Code
Perta' ing to Front Yard and 5ide Yard Setbacks in the S-1, Hyde Park District
(Zo ng Tezt Amendment ZTA #OS-03, by the City of Fridley).
WAIVE THE READING AND ADOPTED ORDINANCE NO. 1217 ON SECOND
READ G AND ORDERED PUBLICATION.
NE BUSINESS:
5. Receive the Minutes from the Planning Commission Meeting of November 16, 2005.
CEIVED.
b. 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
#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 R.iver Edge Way) (Ward 3).
WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING.
7. Resoluh 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. Resolution of the City of F' ley, Minnesota, Approving the Transfer and Ezchange
: of Certain Parcels of Land w Peter J. Kadlec and Richard G. Kadlec, Generally
Located at Ely Streef and Libe Street (Ward 3). :
William Burns, sta.ted the City proposes to de Tract A for a right-of-way easement. Staff
recommends Council's approval.
.
FRiT1LEY CITY COUNCIL MEETING OF NOVEMBER 21 2005 PAGE 5
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
71 '/z Avenue Street rovement
Project No. ST. 2005 3
Estunate No. 1 ........ .................:.....................$ 51,157.50
Councilmember Bolkcom req sted that Items 2 an.d 5 be removed and placed on the regulax
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 VOTING AYE, MAYOR LUND DECLA.RED THE
MOTION CARRIED NANIMOUSLY.
ADOPTION OF T AGENDA:
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 T�IE
MOTION C D UNA1vIMOUSLY.
4PEN FO �VISITORSI:
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, sta.ted for the rnost part the property around 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 HEARINGS:
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
#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 DECLARE� THE
PUBLIC HEARING OPENED AT 7:52 P.M. ,
Julie Jones, Pla.nning 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, 1�4, 128,
and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Fami y, to R-
1, Single Family. The petitioner has contacted a11 of the above property owners reg ing the
rezoning request and the City has received signatures from all of them. All of the p operties
requesting to be rezoned were developed as single-family homes between the years of 1957
through 1961. They are all zoned R-3, Multi-Family and have been since the City's fir t zoning
map da.ting back to 1958. The 1958 zoning map shows an R-3, Multi-Family zoning
designation startin;g at the south edge of River Edge Way (61 S` Way) and extending a11 e way to
Intersta.te 694. Sometime between 195$ and 1962, the school district purchased the lan south of
the subject proper�ies, which resulted in a change of zoning from R-3, Multi-Family, to , Public.
As a result of thel school property being rezoned to Public, a strip of R-3, Multi-F 'ly Iand
remai.ns as a remnant of what was once a very large R-3 zoned property. The petition r and his
neighbors would kike to see the current zoning changed to reflect the current land use, which is
single family.
Ms. Jones said that while single-family homes aze a permitted use in the R-3 zonin dis#rict,
changing the zoning to the land's current use will allow the single-famity neighb rhood to
remain the same �.s it exists taday. The law gives the Ciiy the authority to rezone prop rty from
one designated u�e to another, as long as the zoning is in conformance with the Comp ehensive
Plan. The Comp�ehensive Plan's current land use map and 2020 future land use map esignates
this area as "Sin�le Family." Rezoning these properties from R-3, Multi-Family to R 1, Single
Fam.ily is consistent with the Comprehensive Plan and will promote preserv tion and
reinvestment of the existing single-family neighborhood. The Planning Cornmissi n held a
public heaxing o� this item on November 2, 2005, and unanunously recommended approval.
Staff recommend� Council's approval.
Councilmember!�Bolkcom asked if staff could have brought this before CounciL
Ms. Jones replied staff cou.ld have done that, but did not really see a problem. The petitioner
chose to bring it forwazd.
Councilmembert Bolkcom asked if a fee was involved.
Ms. Jones re li�d there is a fee involved. Since single-family is a permitted use the R-3
P
zoning district, s#aff does not typically go out and change that zoning.
Councilmember Bolkcom asked what the fee was.
Mayor Lund said it was $1,500.
,
Keith Olson, 1�2 River Edge Way, said at the Planniiig Commission meeting he ked if fihe
City would be wfilling to waive the fee if there were any unusual circumstances.
�
�
�
FRID'LEY CITY COUNCIL MEETING O� NOVEMBER 21 2005 PAGE 7
Mayor Lund replied that is something they could consider.
Councilmember Bolkcom asked staff if they had ever waived any fees on anything similar to
this.
Scatt 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
tune 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 far 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. Aickok 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 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 Councilrr
open the public heaxing.
n13er Barnette to waive the reading of the public hearing notice and
'�eco�ded by Councilmember Bolkcom.
UPUN A VOICE VOTE, VOTING AI'E, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED A 8:12 P.M.
Ms. Jones, Planning Coordina.tor, sai 's text amendment is for a Shoreland Overlay District in
Fridley. Fridley needs to bring shorel' e building requirements into conformity with the State
mandate that was passed many years a.o which was designed to protect public waters from
overdevelopmen� Even though Fridley i a fu11y-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. 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
shoreline ordinance is a concern again, and stafi has een warned that they need to adopt one
f1NOI�A COiJNTY MINNESC)T<�
Document N�.: 19R 1263.017 Al3STRACT
I her�b5� eertify that the ��ithin instrument �tas tiled i�a this
of�ice� for record on: 01,�12!2006 4:Ol:C)U PM
FezslTaxes In the Ainount of: $46.00
MAUREEN J. DE�INE
�i�ka County Property Ta�
.�dininists•atoi-/Recorder/Regi�ts•ar of Titles
SLZ, Deputy
I
Record ID: � 648189