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REZONING-ANOKA CO FILINGSTATE OF MINNESOTA COUNTY OF ANOKA CITY OF FR(DLEY ) ) ) In the Matter of: A Rezoning, ZOA #05-04 Owner: Randali J. Iskierka i iiiiii iiii� iiiii iiiii iiiii ii�i� iii�i iiii iii� Record ID 1648218 1981263.�19 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 28, Block 1, River Edge Addition, subject to easement of record, generally located at 100 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 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 � R�fs, day of ,(�.�1�,,,�J , 2005. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk � ° • � _ ; ;� ';;;; � • �,� x ,, �r X, � ' � 'f` , . Y ' ) • � 4 e �� ������;,. r ' . . ' �� ` f �,'z • {� ' . . , �� �° �. � ' . - . � ���C% � . . . . # a.. E M � � :1� � 0 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 l. 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 l, 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 Edse Wav Lot 26, Block l, 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 Ed�e 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 Edge Wav Lot 22, Block 1, River Edge Addition, subject to easement of record 128 Rivers Ed�e Wav Lot 21, Block l, River Edge Addition, subject to easement of record 132 River Edge Wav Lot 20, Block l, River Edge Addition, subject to easement of record Is hereby designated to be in the Zoned District R-1 (Single Family). C ON 3 Tha th Z' Ad '�strat �s directed to chan e the official zoning map to show said SE TI . t e omng mun or i g 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 TI� C1TY OF FRIDLEY THIS 12� DAY OF DECEMBER, 2005. ,,��[ SCOTT J. UN — MAYOR ATTEST: DEBRA A. SKOGEN — TY CLERK Public Hearing: , November 21, 2005 First Reading: December S, 2005 Second Reading: December 12, 2005 Publication: December 22, 2005 0 FRTDLEY 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 #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). 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. E$tension of P� Generally Loca 2). .ary Plat Request, PS #03-18, by Town Center Development, 1282 Mississippi Street and 6490 Centrat Avenue N.E. (Ward Dr. Burns, City Manager, sta.t the preliminaxy plat for a 54-unit senior condominiuxn project was approved on January 5, 200 . The developer needed a six-month extension of his plat to resolve legal issues xegarding 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 mylazs 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 meeting. Staff recommends Council'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 of Creekside Properties, is requesting Council's approval of a comprehensive sign pian. e signs will be placed on the west side of the building and will consist of 3' x 8' panels with bl and blue Iettering on white background. Sta.ff recommends Council's approval. A.PPROVED. 4. Resolution Approving a Plat, P.S. #05-04, 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 - 53ra Avenue NE, Fridley, MN (Target Corporation) (W d 1). Dr. Burns, City Manager, stated this is a subdivisian for the prop approved on June 27, 2005. The subdivision of this property allows store. Staff recommends Council's approval. Super Target that was the freestanding Petco \ FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 2 WAIVED 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 EI Street and Liberty Street (Ward 3). WAIVED THE ADING AND ADOPTED ORDINANCE NO. 1216 ON SECOND READING AND RDERED PUBLICATION. 4. S W con eading of an Ordinance Amending Chapter 205 of the Fridley City Code �rt ' ing to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District �o ng Text Amendment ZTA #OS-03, by the City of Fridley). THE READING AND ADOPTED ORDINANCE NO. 1217 ON SECOND G AND ORDERED PUBLICATION. 0 1\iJ1♦/LVVi1�J.JVV• � . . � . .. . T 5. 1 Receive the Minutes from the Planning Commission Meeting of November 16, 2005. � 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, Z4A #OS-04, by Peter Borman to Rezone Multiple Properties from R-3, Mniti-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge Way) (Ward 3). W.AIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING. 7. Resoluti n of the City of Fridley, Minnesota, Approving the Transfer and Exchange of Certai Parcels of Land with Kent L. Craft and Kathleen M. Craft, Generatly Located at en Creek Road and Logan Parkway (Ward 3). William Burns, stated e City is trad'zng Tract B for an easement tl�at is part of the Crafts' property. Staff recommen Council's approval. ADOPTED RESOLUTION l�'Q. 2005-71. 8. Resolution of ihe 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 Street and Libe Street (Ward 3). William Burns, stated the City proposes to de Tract A for a right-of-way easement. Staff recommends Council's approval. . \ �� • FRIDLEY 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 Estimate No. 1 ........ .......................................$ 51,157.50 Conncilmember Bolkcom req sted that Items 2 and 5 be removed and placed on the regular agenda.. 4 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 VOTTNG AYE, MAYOR LUND DECLA.RED THE ' MOTION CARRIED A.NIMOUSLY. ADOPTION OF T AGENDA: MOTION by Co cilmember Bolkcom to approve the agenda with the addition of Items 2 and 5. Seconded y Covncilm:ember Billings. UPON A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION C D UNA1vIMOUSLY. OPEN FO (VI5ITORS): Donald El Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle Company parking lot. He has seen peopie sleeping in their cars. Mr. A ott, Public Safety Director, stated for the most 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 cax in the parking lot to call 911 and an officer would be called out to check to mak sure the person is okay. PUBLTC HEA.RING5: 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 fronn R-3, Multi-Family, to : R-1, Single Family, Generally Located at 100, 104, 108, 112, 11b, 120, 124, 128 and 132 (Ritver Edge WaY) (Ward 3). MOTION by Councilmexnber Bolkcom to waive the reading of the public heazing 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. ; I�, Julie Jones, Plaru�ing 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, 1�4, 128, and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Family, to R- 1, Single Fanuly. The petitioner has contacted all of the above property owners regar ing the rezoning request and the City has received signatures from all of tliem. All of the p operties requesting to be rezoned were developed as single-family homes between the years f 1957 through 1961. They axe all zoned R-3, Multi-Fasnily and have been since the City's firs zoning map dating back to 1958. The 1958 zoning map shows an R-3, Mu1ti-Faznily, zoning designa.tion startiiig at the south edge of River Edge Way (61� Way) and extending all th way to Intersta.te 694. Sometime between 1958 and 1962, the school district gurchased the land outh of the subject properties, which resulted in a change of 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-F 'ly land remains as a remnant of what was once a very large 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 sa.id tha.�lt while single-family homes are a permitted use in the R-3 zoxung district, cha.nging the zoni�.g to the land's current use will allow the single-family neighbar ood to remain the sarne as it exists today. The law gives the City the authority to zezone prope from one designated use to an.other, as long as the zoning is in conformance with the Compr hensive Plan. The Comprelhensive Plan's current land use map and 2020 future land use map de igna.tes this area as "Si.ngld Family." Rezoning these properties from R-3, Mu1ti-Family to R-1 Single Family is consist�nt with the Comprehensive Plan and will promote preservati n an.d reinvestment of th� existi.ng single-family neighborhood. The Planning Commissio held a public hearing on this item on November 2, 2005, and unanimously recommended a proval. Staff recommends Council's approval. Councilmember Bbikcom asked if staff could have brought this before CounciL Ms. Jones replied �taff could ha.ve done tha.t, but did not really see a problem. The p titioner chose to bring it foriward. Councilmember Bolkcom asked if a fee was involved. Ms. Jones replied there is a fee involved. Since single-family is a pernutted use in zoning district, staf� does not typically go out and chazige that zoning. Councilmember B lkcom asked what the fee was. � Mayor Lund said i� was $1,500. Keith Olson, 112 R.iver Edge Way, said at the Plarming Cammission meeting he aske City would be willing to waive the fee if there were any unusua.l circumstances. � , R-3 l if �the I 0 , , , . � FRIbLEY CITY COUNCIL MEETING OF NOVEMBER 21 2005 PAGE 7 Mayor Land replied that is sometl�ing they could consider. Cauncilmember Bolkcom 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 gxoup 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 t�payers just paying for staff time. There is a certain group who are getting a specific benefit to their property. Dr. Burns sta.ted just to be clear on the record, he believed there times when they have waived the fee. Mr. Hickok sta.ted 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 TAE PUBLIC HEARING CLOSED AT 8:10 P.M. 12. Consideration o an Ordinance Creaiing Chapter 2U5.32, 0-7, of the Fridley City Code Pertaining�o Shoreland Overlay District. MOTION by Councilmem r Barnette to waive the reading of the public hearing notice and' open the pubiic hearing. Seco ed by Councilmember Bolkcom. UPON A VOICE �OTE, AL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEAR.ING OPENED A 8:12 P.M. Ms. Jones, Planning Coordina.tor, sa.i 's text amendment is for a Shoreland Overlay District in Fridley. Fridley needs to bri.ng shorel' e buildang requirements uito conformity with the State manda.te 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 sta.ted in 1988, Fridley's staff gan drafting a shoreland overlay ordinance in preparation for a 1991 DNR mandate. Debate over details of the ardinance continued through the eazly 90's. Staff requested flexibility fro the State standard to only include first-tier properties. There was an issue about the DNR w�anting us to include property within 1,000 feet of the first and second tier properties. Council w very concemed about creating many non- confomung properties by doing that, and the ordinan e was sheived after some debate. Lack of a shoreline ordinance is a concern again, and staff has een warned that they need to adopt one aN()KA CotINTY MINNESOT:a Docurnznt No.: 1981263.019 AI3STRACT I hereby ce�rtify that the� ��rithin instruine�nt wvas filed in this oftice for record on: O1/12/20U6 4:01:00 PM Fe�es�Taxes In the Amount of: $46.00 1�ZALTREEN J. DEVINE �ioka County Prop�rty Tax Adininistrator� Recorder/Registrar of Titles SLZ, lleputy Record ID: �648218 0 .. ..