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-Q4
Owner: Intiaz Badrudeen and Salim S. Badrudeen
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Record ID 1648220
1 �81263r�`O
CITY COUNCIL PROCEEDINGS
REZONING
The above entitled matter came before the City Council of the City of Fridley and was heard on the 12�' 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, fegally described as Lot 27, Block 1,
River Edge Addition, subject to easement of record, generally located at 104 River Edge Way.
IT IS ORDERED that a rezoning be granted as upon the foHowing 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 )
CQUNTY 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 ��i� day of . , 2005.
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
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Debra A. Skogen, City Clerk
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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 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 Couirty 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 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 Ed�e 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 EdQe Wav
Lot 22, Block l, 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 Edie Wav
Lot 20, Block 1, River Edge Additioq subject to easement of record
Is hereby designated to be in the Zoned District R-1 (Single Family).
SECTION 3. That the Zoniilg Admiiiistrator 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.
ATTEST:
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DEBRA A. SKOGEN — TY CLERK
Public Hearing: November 21, 200i
First Reading: December 5, 2005
Second Reading: December 12, 2005
Publication: December 22, 2005
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SCOTT J. UN — MAYOR
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FRIDLEY CITY COUNCIL MEETING OF DECEMSER 12, 2005 PAGE 2
T
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 Decernber 5. Staff recommends Council's approval of the second reading of
tlus ordinance.
WAIVED THE READING OF THE ORDINANCE AND APPROVED ORDINANCE NO.
1219 ON SECOND REA.DING AND ORDERED PUBLICATION.
2. Extension of
Generally Lc
2).
inary Plat Request, PS #03-18, by Town Center Development,
t 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward
Dr. Burns, City Manager, sta.t the preliminary plat for a 54-unit senior condominium project
was approved on January 5, 200 . The developer needed a six-month extension of his plat to
resolve legal issues regaxding 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. Sta.ff 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 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 —
53rd Avenue NE, Fridley, MN (Target Corporation) (W d 1).
Dr. Burns, City Manager, stated this is a subdivision for the prop ed Super Target that was
approved on June 27, 2005. The subdivision of this property allows r the freestanding Petco
store. Sta,ff recomxnends Council's approval.
FRIDLEY CITY COUNCIL n'IEETING 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 5urplus and Authorizing the Sale Thereof, Generally
Located at EI Street and Liberiy 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
Pert ' ing to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District
(Zo n� Text Amendment ZTA #05-03, by the City of Fridley).
W
5.
'� THE REA.DING AND ADOPTED ORDINANCE NO. 1217 ON SECOND
G AND ORDERED PUBLICATION.
0
Receive the Minutes from the Planning Commission Meeting of November 16, 2005.
6. First reading of an Ordin.ance 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, Mu1ti-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 4N FIRST REA.DING.
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 . 2005-7L
-$. Resolution of the City of F' ley, Minnesota, Approving the Transfer and Ezchange
of Certain Parcels of Land w Peter J. Kadlec and Richard G. Kadlec, Generally
Located at Ely Street and Liber Street (Ward 3).
W'll' B tat d the City proposes to de Tract A for a right-of-way easement. Sta.ff
i �am urns, s e
recommends Council's approval.
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Dave Perkins Gontracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
�
E
71 '/2 Avenue Street I�irovement
Project No. ST. �005� 3
Estimate No. 1 ........ .......................................$ 51,157.50
com r �Sted that Items 2 and 5 be remaved and placed on the regulax
Counc�lmember Bolk eq
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 TE, ALL VOTING AYE, MAYOR LUND DECLA.R.ED THE
MOTION CARRIED �JNANIMOUSLY.
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MOTION by Co cilmember Bolkcom to approve the agenda with the addition of Items 2
and 5. Seconded y Councilmember Billings.
UP�N A VO CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION C D UNA.NIMOUSLY.
OPEN FUKd�'1( V t�t t vx� ►:
Donald E/Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle
Compa.ny paxking lot. He has seen people sleeping in their cars.
Mr. A ott, Public Safety Director, sta.ted 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 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
#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 PAG� 6,,
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED
PUBLIC HEARING OPENED AT 7:52 P.M.
Julie Jones, Planning Coordinator, said the petitioner is Peter Borman who lives at 120 ver
Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, I 12, 116, 124, 124, 28,
and 132 R.iver Edge Way is requesting to rezone these properties from R-3, Multi-Family, t R-
l, Single Family. The petitioner has contacted aI1 of the above property owners regarding � the
rezoning request and the City has received signatures from a11 of tliem. All of the prope ies
requesting to be rezoned were developed as single-family homes between the yeaxs of 1 57
through 1961. They are all zoned R-3, Multi-Faznily and have been since the City's first zo � g
map dating back to 1958. The 1958 zoning map shows an R-3, Multi-Family, zo 'ng
designation starting at the south edge of River Edge Way (61 St Way) and extending all the w y to
Intersta.te 694. Sometime beiween 1958 and 1962, the school district purchased the land sou of
the subject properties, which resulted in a change of zoning from R-3, Multi-Faxn.ily, to P, Pu lic.
As a result of the school property bein.g rezoned to Public, a strip of R-3, M�1t�-Family and
remains as a remnant of what was ance a very large R-3 zoned property. The petitioner an his
neighbors would like to see the current zoning changed to reflect the current land use, whi h is
single famity.
Ms. Janes sa.id that while single-family homes are a permitted use in the R-3 zoning dis 'ct,
chan.ging the zoning to the land's current use will allow the single-family neighborho d to
remain the same as it exists toda.y. The law gives the City the authority to rezone property om
one designated zzse to another, as long as the zoning is in conformance with the Comprehe ive
Plan. The Comprehensive Pla,n's current land use map and 2020 future land use map desi ates
this area as "Single Family." Rezoning these properties from R-3, Mu1ti-Family to R-1, S gle
Fa�uly is consistent with the Comprehensive Plan and will promote preservation and
reinvestment of the existing si.ngle-fasnily neighborhood. The Planning Conunission h ld a
public heaxing on this item on November 2, 2005, and ltn ;mously recommended app oval.
Staff recommends Council's approval.
Councilmember Bolkcom asked if sta.ff could have brought this before CounciL
Ms. Jones replied staff could have done thax, but did not really see a problem. The peii 'oner
chose to bring it forwazd.
Councilmember Bolkcom asked if a fee was involved.
Ms. Jones replied there is a fee involved. Since single-family is a permitted use in R-3
zoning district, staff does not typically go out and change that zoning.
Councilmember BoIkcom asked what the fee was.
Mayor Lund said it was $1,500.
Keith Oison, 112 River Edge Way, said at the Pla.nni.ng Commission meeting he a
City would be willing to waive the fee if there were any unusual circumstances.
if �the
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAG� 6,,
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED
PUBLIC HEARING OPENED AT 7:52 P.M.
Julie Jones, Planning Coordinator, said the petitioner is Peter Borman who lives at 120 ver
Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, I 12, 116, 124, 124, 28,
and 132 R.iver Edge Way is requesting to rezone these properties from R-3, Multi-Family, t R-
l, Single Family. The petitioner has contacted aI1 of the above property owners regarding � the
rezoning request and the City has received signatures from a11 of tliem. All of the prope ies
requesting to be rezoned were developed as single-family homes between the yeaxs of 1 57
through 1961. They are all zoned R-3, Multi-Faznily and have been since the City's first zo � g
map dating back to 1958. The 1958 zoning map shows an R-3, Multi-Family, zo 'ng
designation starting at the south edge of River Edge Way (61 St Way) and extending all the w y to
Intersta.te 694. Sometime beiween 1958 and 1962, the school district purchased the land sou of
the subject properties, which resulted in a change of zoning from R-3, Multi-Faxn.ily, to P, Pu lic.
As a result of the school property bein.g rezoned to Public, a strip of R-3, M�1t�-Family and
remains as a remnant of what was ance a very large R-3 zoned property. The petitioner an his
neighbors would like to see the current zoning changed to reflect the current land use, whi h is
single famity.
Ms. Janes sa.id that while single-family homes are a permitted use in the R-3 zoning dis 'ct,
chan.ging the zoning to the land's current use will allow the single-family neighborho d to
remain the same as it exists toda.y. The law gives the City the authority to rezone property om
one designated zzse to another, as long as the zoning is in conformance with the Comprehe ive
Plan. The Comprehensive Pla,n's current land use map and 2020 future land use map desi ates
this area as "Single Family." Rezoning these properties from R-3, Mu1ti-Family to R-1, S gle
Fa�uly is consistent with the Comprehensive Plan and will promote preservation and
reinvestment of the existing si.ngle-fasnily neighborhood. The Planning Conunission h ld a
public heaxing on this item on November 2, 2005, and ltn ;mously recommended app oval.
Staff recommends Council's approval.
Councilmember Bolkcom asked if sta.ff could have brought this before CounciL
Ms. Jones replied staff could have done thax, but did not really see a problem. The peii 'oner
chose to bring it forwazd.
Councilmember Bolkcom asked if a fee was involved.
Ms. Jones replied there is a fee involved. Since single-family is a permitted use in R-3
zoning district, staff does not typically go out and change that zoning.
Councilmember BoIkcom asked what the fee was.
Mayor Lund said it was $1,500.
Keith Oison, 112 River Edge Way, said at the Pla.nni.ng Commission meeting he a
City would be willing to waive the fee if there were any unusual circumstances.
if �the
h
�RIDLEY 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 Hickock, Community Development Director, said he cannot recall a situa.tion where a
group of residents have asked far 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 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 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 Barnette to waive the reading of the public hearing notice and
open the public hearing. Seco ed by Councilmember Bolkcom.
UPON A VOICE VOTE, AI�r�
PUBLIC HEARING OPENED A
VOTING AYE, MAYOR LUND DECLARED THE `
8:12 P.M.
Ms. sones, Planning Coordin.ator, sai
Fridley. Fridley needs to bring shorel'
mandate that was passed many years a
overdevelopment. Even though Fridley
aze still required to do.
text aznendment is for a Shoreland Overlay District in
building requirements uzto conformity with the State
> wluch was designed to protect public waters from
�, a fully-developed community, this is something we
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 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 concenied 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 wazned that they need to adopt one
:�l�i()h.� COt�T'TI' ti�1INNESOTA
L�oct�ni�nt No.: 19R1�63.U20 t�BSTRAC-T
I h�reb� c�rtif�r tllat t}ia ��ithin instru�nent ����as filzd in this
oflice for record on: 01I12!2006 4:U 1:O0 PM
�eesiTaxes In the _�tn�unt of: $46.�0
�1 �LJREEN J. DE�jINE
:�ioka County Property Ta�
�dministrator'Record�r/Registrar of Title�
SL""L, Deputy
RecordID: 1648220