REZONING-ANOKA CO FILING0
STATE OF MINNESOTA )
COUNTY OF ANOKA
CITY OF FRIDLEY
)
)
In the Matter of: A Rezoning, ZOA #05-04
Owner: Caroline F. Zogheib and George W. Zogheib
I IIIIN NIII IIIII NIII IIIiI illfl Ilill IIII IIII
Record ID 1648224
1981263.Q21
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 21, Block 1,
River Edge Addition, subject to easement of record, generally located at 128 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
)
)
ClTY OF FRIDLEY )
OFFICE OF THE CITY CLERK
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I, Debra A. Skogen, City Clerk for the City of Fridtey, 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 su scribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the ��rf� day of , 2005.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Debra A. Skogen, City
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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 ordain 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 1, River Edge Addition, subject to easement of record
104 River Edge Way
Lot 27, Block l, 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 Ed�e 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 Edge Wav
Lot 23, Block 1, River Edge Addition, subject to easement of record
124 River Ed�e Wav
Lot 22, Block 1, River Edge Addition, subject to easement of record
128 Rivers Ed�e 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 designaxed 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 A.DOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12� DAY
OF DECEMBER, 2005.
,�t�r�[ `
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
Publication: December 22, 2005
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2
4LD 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 Praperties from R-3, Multi-Family, to R-1,
Single Family, Generally Located at 100, 104, 108, 1I2, 116, 124, 124, 128 and 132
River Edge Way (Ward 3).
Dr. Burns, City Manager, stated Council approved the first reading of this ordinance at the
Cauncil meeting on December 5. Staff recommends Council's approval of the second reading of
this ordinance.
WAIVED THE READING OF THE ORDINANCE AND .A.PPROVED ORDINANCE NO.
12I9 ON SECOND READING AND ORDERED PUBLICATION.
2. Eztension of Pre 'minary Piat Request, PS #03-18, by Tawn Center Development,
Generally Locate at 1282 Mississippi Street and 6490 Centrat Avenue N.E. (Ward
2).
Dr. Burns, City Manager, sta.t the preliminary plat for a 54-unit senior condominium project
was appraved on January 5, 200 . The developer needed a six-month exiension of lus plat to
resolve legal issues regazding 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 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 Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, stated Kazen 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 building and will consist of 3' x 8' panels with bla and blue lettering on white background.
Staff recominends Council's approval.
APPROVED.
4. Resolution Approving a Plat, P.S. #05-04, Lots 1 an
Fridley, for the Purpose of Creating Two Lots, Ge�
53`a Avenue NE, Fridley, MN (Target Corporation}
2, Olivia Grove, by the City af
�lty Located at 753 and 755 —
JVa�rd 1).
Dr. Burns, City Manager, stated this is a subdivision for the prop ed Super Target that was
approved on June 27, 2045. The subdivision of this property allows r the freestanding Petco
store. Staff recommends Council's approval.
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FRIDLEY CITY C(3UNCIL l��IEETING OF DECEMBER 5, 2005 PAGE 2
WANED THE READING�A�D AD4PTED ORDINANCE 1215 ON SECOND READING
AND ORDERED PUBLIC !rIC)N.
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, Generalty
Located at El Street and Liberty Street (Ward 3).
WAIVED THE A.DING AND A.DOPTED 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 � Text Amendment ZTA #OS-03, by the City of Fridley).
W.
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THE READING AND A,DOPTED ORDINANCE NO. 1217 ON SECOND
AND ORDERED PUBLICATION.
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, 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).
WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST REA.DING.
7. Resoluh n of the City of Fridley, Minnesota, Approving the Transfer and Ezchange
of Certa' Parcels of Land with Kent L. Craft and Kathleen M. Craft, Generally
Locaied 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 reconzmen Council's approval.
ADOPTED RESOLUTION N�Q. 20Q5-71.
S. ResoIution 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 Libe Street (Ward 3).
William Burns, stated the City proposes to
recommends Council's approvai.
Tract A for a right-of-way easement. Staff
N
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
os
71 1/z Avenue Street Ix�provement
Project No. ST. 2005 3
Estimate No. 1........ .. ......$ 51,157.50
Councilmember Balkcom req sted that Items 2 and 5 be removed and placed on the regular
agenda. t
MOTION by Counci�rnem 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 ,.ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED NANTMOUSLY.
♦ rATTTAI►T �r m . a !'�L�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 UNA1vIMOUSLY.
�, � �. - - - - —
Donald E Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Caitle
Company parking lot. He has seen people sleeping in their cars.
Mr. A ott, Public Safety Director, stated for the most part the property around the Caftle
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 call 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
#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, 11b, 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-Family, to R-
l, Single Family. The petitioner has contacted all of the above property owners regatding the
rezoning request and the City has received signatures from all of them. All of the p;roperties
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 dati.ng back to 1958. The 1958 zoning map shows an R-3, Multi-Faanily zoning
designation starting at the south edge of River Edge Way (61 St Way) and extending a11 e way to
Intersta.te 694. Sometime between 1958 and 1962, the school district purchased the lan south of
the subject properties, which resulted in a change of zoning from R-3, Multi-Family, to , Public.
As a result of the school property being rezoned to Public, a strip of R-3, Multi-F ily land
' remaans as a remnant of what was once a verylarge R-3 zoned property. The petitione and his
neighbors would like to see the current zoning changed to reflect the current land use, which is
single family.
Ms. Jones said that while single-family homes are a pernutted use in the R-3 zonin district,
changing the zoning to the land's current use will a11ow the single-family neighbo hood to
remain the same as it exists today. The law gives the City the authority to rezone prop rty from
one designated use to another, as long as the zoning is in conformance witb the Comp hensive
Plan. The Comprehensive Plan's current land use map and 2020 future land u:se map d signates
this area a.s "Single Family." Rezoni.ng these properties from R-3, Mu1ti-Family to R- , Single
Fam.ily is consistent with the Comprehensive Plan and will promote preserva 'on and
reinvestment of the existing single-family neighborhood. The Planning Conunissio held a
public hearing on this item on November 2, 2005, and unanimously recommended pproval.
Staif recommends Council's approval.
Councilmember Bolkcom asked if staff could have brought this before CounciL
Ms. Jones replied staff could have done that, buf did not really see a problem. The etitioner
chose to bring it forward.
Councilmember Bolkcom asked if a fee was involved.
Ms. Jones replied there is a fee involved. Since single-family is a permitted use in the R-3
zoning district, staff 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, 112 River Edge Way, said at the Planning Commission meeting he ask d if �the
City would be willing to waive the fee if there were any unusual circumstances.
0
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FRIDL�Y CITY COUNCIL MEETING OF 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.
Scott Aickock, 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
ti.me the Comprehensive Plan was adopted that there is an inconsistency and Council chuos�eess
take those on a case-by-case basis. There was not an urgent need to modify the rezoning
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 HEARTNG CLOSED AT 8:10 P.M.
12. Consideration of an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City
Code Pertaining�a Shoreland Overlay Distz-ict.
MOTION by Councilmer
open the public heaxing. S
Barnette to waive the reading of the public hearing notice and
ied by Councilmember Bolkcom.
UPON A VOICE VOTE, AI�I
PUBLIC HEARING OPENED A
VOTING AYE, MA'YOR LUND DECLARED THE
8:12 P.M.
Ms. Jones, Planning Coordina.tor, sai
Fridley. Fridley needs to bring shorel'
mandate that was passed. many years a
overdevelopment. Even though Fridley
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 sometlung we
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 properiy within 1,000 feet
of the first and second tier properties. Council w very concerned about creating many non-
confonning properties by doing that, and the ordinan e was shelved after some debate. Lack of a
shoreline ordinance is a coizcern again, and staff has een warned that they need to adopt one
r�OkA COLJNT�" MINNFSOT.a
DocLimant l�o.: 1981263.021 ABSTRAC'I'
I hareby eertify that tha withitl instru�iient was tilad in tl�is
of�ice for re�ord on: Ol/12f2006 4:�1:0U PM
FeeslTaxes In thz �nount of: $46,00
MAUREEN J. DE��INE
�zoka County Property Tax
�dministrator/Recorder!Registrat• of Titles
SI,Z, Deputy
Record ID: 1648224