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ZOA03-01 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: _�_ Rezoning Zoning Text Amendment PROPERTY INFORMATION: (site plan required for submittal, see attached) Address: J 51 Z /l�/9�Tdn� /� /�. , 7�/.Ai�,��yJ� Property Identification Number: /Z � Z� 3/ �O 3 Legal Description: Lot,�_ Block Tract/Addition v rz�2 S � Dr v Current Zoning: !r)z ? Square footage/acreage: Z? ,7(�S -�2 Requested Zoning: (�3 Reason for Rezoning: n -I � � 0 l"c�.^rE i -�'a,K;1 i Or; Section of Zoning Code to be Changed: (Attach requested language) Reason for Change: Have you op rated a business in a city which required a business license? Yes No If Yes, which City? If Yes, what e of business? Was that license ever denied or revoked? Yes No _��__��_��_..�_�_�_�__�.._�_��..�__��_��_��_��.._� FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: �� . .�iLctL ADDRESS: / � ,J �5 3�. _p DAYTlME PHI�NE: 7(3 .5�(o-,Dg2� IGNATUf�E DATE: + � �� PETITIONER I FORMATIO a�� /—Z''o3 AG�~ NAME: !`G Q ,^2 ADDRESS: 2 3 ,Cdv ,� !.J ��3 DAYTIME PHONE: 71v3—�/S 5' SIGNATURE/DATE: !z .3d o Z- FEES Fee: $500.00 ��oD•� Rezoning $300.00 Zoning Text Amendment Applic umb . 1)3-0! Receipt#: , .�'��,,� Received By: Scheduled Planning Commission Date: :��' �r� - ��:�� Scheduled City Council Date: _�-_� -c� 10 Day Application Complete Notification Date: 1 -�'J -tf�� 60 Day Date: � 1 � - : -� , � D (A � v c m� � rn �. ci 3 ------------- o d n� r: pD �' on � v � o � � � a � � a m Q' j � v �� D v � � . -a � � f"'�}` � 'p N O �� ' � 'd O o (D � � N N C � � � n � (D 3 rt � N II1 '"' t7 �. �' � � N � � �O �/ n,� � j' O Ni (n � 41 n � � n � d � � tQ � � �' A n (D 'a � O � � �� C �' a D tn n y � � �D � 3 ca .c �� • � N � � y �' � � � O lL] � � � � � � � N �. t� -----------N- N � � � � �, � � ? y j ty� `� ��/ D �� = y � � � �- � y � O �� ■ n � � O c � r � � � v �. � � � � � o � � � � � N �. � � r �� .� � � � o � D� � � o 0 � N � y < � � > > �� n � . a (� O = 3 �' o v � � `° c� � > > N . 41 � � � � j � � a' "C7 � n �- � V/ rn Q � 0 o � � � o � � � m �, � �- N � 7 r m i� � _ . _ CI7YOF FR[DLEY � FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 January 27, 2003 Michael Juaire PO Box 43543 Brooklyn Park MN 55443 Dear Mr. Juaire: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a plat and rezoning on January 17, 2003. This letter serves to inform you that your applications are complete. Your Plat and Rezoning application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on February 19, 2003 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your preliminary plat and rezoning on March 3, 2003 at 7:30 P.M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, ��'' ��r, Stacy S mberg Planner C-03-11 ( . �i t�� ` L'L �-t.�` �' ��'�j' � �'��/ C�-� City of Fridiey (Otticial Publication) PUBLIC HEARING BEFORETHE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday,February 19,2003,at 730 p.m. for ihe purpose of: Consideration of a rezoning,ZOA 03-01, by Michael Juaire,to rezone from M-1,Light Industrial,to R-3,General Multiple Units,to accommodate a townhome development, ' legalry described as part of Lot 11,Auditors Subdivision 89,(full legal description on file), ge�erally located at 1152 Norton Avenue NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599. Hearing impaired persons planning to attend who need an interpreter or other per- sons with disabilities who require auxiiiary aids should contact Roberta Collins at 763- 572-3500 no later than February 13, 2003. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION (February 6&13,2003)F2/Juaire rezone I CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1152 Norton Avenue NE. CASE NUMBER: Plat, PS 03-01 and Rezonin , ZOA #03-01 APPLICANT: Michael Juaire Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: Plat - to plat for a townhome development. Rezoninq — to rezone from M-1, Light Industrial, to R-3, General Multiple Units, to accommodate a townhome development. LOCATION OF 1152 Norton Avenue NE. PROPERTY AND LEGAL Lot 11, Auditors Subdivision 89 (full legal description on file). DESCR/PTION: DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, February 19, 2003, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on C�annel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PART/CIPATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 13, 2003. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, at 763-572-3595. Publish: February 6, 2003 February 13, 2003 � _ _ _ PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E . on Wednesday, February 19, 2003, at 7 :30 p.m. for the purpose of : Consideration of a rezoning, ZOA 03-01 , by Michael Juaire, to rezone from M-1, Light Industrial , to R-3 , General Multiple Units, to accommodate a townhome development, legally described as part of Lot 11, Auditors Subdivision 89, (full legal description on file) , generally located at 1152 Norton Avenue NE . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 13 , 2003 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: February 6, 2003 February 13 , 2003 � . i ; = '� City of Rezoning Request #03-01 for 1152 Norton Ave. ' � Plat Request #03-01 for 1152 & 1170 Norton Ave. �J Fridiey � , I �� , � � � � � ' � \ �0\ 1 � ; ; I j � � ; � 73rd Avenue �— I � I '', I � � `J � I � I � � � � a� 2 � � � a� > Q � Norton Avenue � a� �, U � i_.__. ,\ �,, _: L E G E N D N Sources: Petitioner. /, Fridley Engineering ,. Fridley GIS �� Anoka County GIS Michael Juaire PMJ Group, I nc. Map Date: 2/10/03 , , r Bad Ac7Firess 2 Bad Address 3 Btlf�i4��R-RN��-E&�4 M & ETAL FRIDLEY",MN 55432 FRIDL�Y,MN 55432 1200 NORTON AVE NE FRIDLEY,MN 55432 CURRENT RESIDENT CURREN RESIDENT CURRENT RESIDENT 1200 72ND AVE NE 6951�TRAL AVE NE 7101 HIGHWAY 65 NE FRIDLEY,MN 55432 FRID EY,MN 5543� t , � FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT EDRIC ASSOCIATES 7151 HIGHWAY 65 NE 7191 HIGHWAY 65 NE 5024 NORMANDALE CT FRIDI.EY,MN 55432 FRIDLEY,MN 55432 EDINA,MN 55436 GRAY CHARLOTTE L HARSTAD DONALD W ITZEN NEIL I 1170 NORTON AVE NE 5417 W BAVARIAN PASS NE 1175 NORTON AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 KOSKINIEMI GERALD S & SANDRA L MABEL CYNTHIA J MARCIL ALBERT L 881 PANDORA DR NE 1214 NORTON AVE NE 1152 NORTON AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 i �o�-- . MEDTRONIC INC f��iNG PAUL& CRONWELL R L NOR'f�ON ANN T 7000 CENTRAL AVE NE 1237 NORTON AVE NE Bad Ac?�fress 1 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 PRATER MATTHEW E & LEANNE M ROSECRANS ROBERT C &J A STANKE EDWARD A& BARBARA A 1215 NORTON AVE NE 1163 NORTON AVE NE 7091 HIGHWAY 65 NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 THE ROMANO &JORGENSON PTNSP 7199 HWY 65 NE FRIDLEY,MN 55432 Rezoninq Attachment 1 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 32 PMJ GROUP, INC ■ dba PMJPmperties s PO Box 43243 e Brooklyn Park, MN 55443 �iFr.FPtiorr�: 763.315.4399 rAx: 763.315.3994 To: City af Fridley Planning Department From: Michael P. Juaire, Owner, PMJ GROUP, INC. Date: 1127I2003 Re: Rationale for proposed rezoning of 1152 Norton Ave NE to R3 The Purpose of this memo is to provide rationale for the rezoning of 1152 Norton Avenue NE from its �urrent zoning of M1 (light industrial)to R3 (Multi family). Granting the request to rezone 1152 Norton to R3 conforms to the City of Fridley's Comprehensive Plan. Granting this request would not result in "spot zoning", it would be an expansion of the existing R3 zoning to the east and northeast of the property. Granting the request to rezone 1152 Norton to R3 is the first step of a proposal to redevelop 1152 and 1170 Norton from the current condition of single family homes, both of which are over 50 years old, to new town homes. The City of Fridley has a high demand for affordable housing with three or more bedrooms. The proposed town homes address this demand directly, each having three bedrooms, 2.5 baths, and 1,700 square feet of living space. Granting the rezoning request is also the first step in eliminating problems that currently exist with the property. These problems are that it currently has no street frontage, and its currenfi use (R1 single family) does not conform with its zoning designation. It is land-locked befinreen R3 designated property to the east and northeast (on Norton Avenue), and M1 designated property to the west and northwest (on Highway 65). To eliminate the problem of no street frontage, the property would need to be combined with the M1 neighbors to the west and northwest, OR the R3 neighbor to the east. The M1 neighbors to the west (Ed Stanke Insurance Comp.) and northwest (Don Harstad Co) have stated that they have no interest in acquiring 1152 Norton. PMJ GROUP, INC. has signed purchase agreements for both 1152 Norton, and the neighboring property to the east (1170 Norton), and has submitted an application to the City of Fridley to combine the finro properties. PMJ GROUP, INC.'s overall proposa( for 1152 and 1170 Norton, which includes rezoning 1152 Norton to R3, will result in a property that is conforming in its use, and will have more than the required street frontage. Lastly, granting the rezoning request would be the first step in the proposed development that will sign�cantly increase the value of the subject properties, and the tax revenue from them. The proposed development, which is permitted under the R3 zoning regulations, will have a market value of $1.53 Million, which is over seven times the market value of the current properties ($207,000). This would provide an increase in tax revenue of approximately$15,000 per year. Michael P. Juaire President, PMJ GROUP, INC. • ... --- --- --... � .`. � ` ' RZC� CREEK WATERS�IED DISTRICT INF��.�'Xt.A�,T�ON 'W OYt1�S�iEET PERMiT NAM�: V i`-�'� f��' ` °"T �z � �i..t � PER1V�1'�'NU. STEP 1: Determine impervious and pervious areas. Note: Include all pervious and impecvious areas located in any rights-of-way. (a) Total Site Area �,g.� � (b) Impervious A,rea t�-��,� ac (examples: roads, roo�Fs, parking lots, gravel drives) (c) *Effective Pervious Area ac [not (a)—(b)] Undisturbed: ac Disturbed: ac * Only use horizontal component of surface area which is subject to intermittent prolonged wetting. Do not include area of permanent pools of ponds or wetlands(see Srormtivuter Infcltration Gc�idance Desig�t Parameters). Note: The effective area available for inf ltx'atioxt xnast be capable of receiving tlie runoff from impervious surfaces. Pervious "islands" located above adjacent parking lot surfaceS, for example, will not be crediced. STEP 2: Demonstrate %a imperviousness for tbe site. [@)+ (a)] x 100= �"� % (d) (d)MUST BE<80% STEP 3: Determine runoff volume frum impervious surfaces generated by median storm of 0.3d�inches. �� J (ti} x 0.9 x 0.34 inches x lfr - Q�D (��e) 12 inches bnpervious Coefficient Mpls-St.Pati1 Volcane Area (ac) 1lTedian Stvrm Needed to be Ruinfull InfiIrrated(ac Jt) STEI'4: Calculate volume capable o� being in�ltrated' on site vriihin 72 hours. Use infiltration rates listed on page 2 of Stnr�nwa�er ,in,�ltration Guidance Design Parameters. Saturated infilrratiott rate (if multiple on-site soil types, use most restrictive) for TYPe—��soils= O,SQ (t� ��a �� - i� � ay�l s . J� (� x� 72 � 1 fc _ �►�3��g) (c) x D� 12inches E�fective Inftltration Hours VoLu�ne . Pervio«s) Ratc Inftlrrated Area(ac) Correspondirig in 72 Hot�rs to Snil Type {ac ft) (in/I�r) STEP 5: Compare volume generated to volume infiltrated. '�' � !l�� / '��(g)MiIST BE GREATER T,l�"A�N OR EQUAL '1'O �rd� (e). G,0 3� 2-99 rzLv Fridley-Mike Juaire Type 1124-hr Rainfa11=2.50„ Prepared by R. Neison Engineering Pa9�^ HydroCAD�6.00 s/n 000808 O 1986-2001 App6ed Microcomputer Svstems 2/6/2003 Subcatchment 1S: (new node) [46] Hint:Tc=O (Instant runoff peak depends on dt) � �..,a,- ,, _ ;� � � Runoff = �. 0.00 cfs @ 13.22 hrs, Volume= Q.002 af , ��,:��"�`� Runoff by SCS TR-20 mefhod�UN_=SCS, Time Span= 1.00-20.00 hrs, dt= 0.05 hrs ��..---�—"""� Type II 24hr Rainfa11=2.50" Area (ac) CN Description 0_500 54 1/2 acre lots, 25°/a imp, HSG A �� `r« ��^"�` � `>> ,rz��.�._�R�.r__ ��,.� � s� o,��c.� Fridley-Mike Juaire Type ll 24-hr Rainfa11=6.00" Prepared by R. Nelson Engineering Pa9� HydroCAD�6.00 s/n 000808 �1986-2001 Applied Microcomputer Systems 2/6/2003 Subcatchment 1S: (new node) [46] Hint: Tc=O (instant runoff peak depends on dt) /=�� Runoff = � 1.44 cfs 11.90 hrs, Volume= 0.053 af , �,� ��,, Runoff by SCS TR-20 method, UH=SCS, Time Span= 1.00-20.00 hrs, dt= 0.05 hrs Type II 24hr Rainfa11=6.00" Area (ac) CN Description 0.500 54 1/2 acre lots, 25% imp, HSG A �� c�� __--- � -�� Fridley-Mike Juaire Type 1124-hr Rainfall=6._ 00'� Prepared by R. Nelson Engineering Page 1 HydroCAD�6 00 sJn 000808 O 1986-2001 AppGed Microcomputer Systems 2/6/2003 Subcatchment ZS: (new node) [46j Hint:Tc=O (Instant runoff peak depends on dt) Runoff = 4.54 cfs @ 11.89 hrs, Volume= 0.195 af , Runoff by SCS TR-20 method, UH=SCS, Time Span= 1.00-20.00 hrs, dt= 0.05 hrs Type ii 24hr Rainfa11=6.00" Area (ac) CN Description - 0.440 98 Paved parking & roofs 0.060 39 >75% Grass cover Good, HSG A 0.500 91 Weighted Average ��'l � � �{.: --� �'', - r� � ��7� __-_ _ _ __ —_i Fridley-Mike Juaire Type 1!24-hr Rainfa11=6.00" Prepared by R. Nelson Engineering Page 1 HydroCAD�6.00 s/n 000808 O 1986-2001 Applied Microcomputer Systems 2/6/2003 Pond 1 P: Pond inflow = 4:5 11.89 hrs, Volume= 0.195 af Outflow = 1.40 cf 11.99 hrs, Volume= 0.190 af, Atten=69%, Lag=6.3 min Primary = � . cfs @ 11.99 hrs, Volume= 0.190 af , Routing__b _Stor-Ind method,Time Span= 1.00-20.00 hrs, dt=0.05 hrs ' � Peak Elev= 872_08' Sto age= 3,188 cf f�tow-detenti ime= 51.1 min calculated for 0.190 af(98% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Stare Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 870.00 1,530 0 0 872.50 1,530 3,825 3,825 Primary OutFlow (Free Discharge) �1=0rifice/Grate 2=0rificelGrate # Routinq lnvert Outlet Devices 1 Primary 870.00' 4.0"Vert. Orifice/Grate C= 0.600 2 Primary 870.80' S.5"Vert. Orifice/Grate C= 0.600 � lJ V�p �.�" _ �— � ��C'_ t c� � � � , s .. . --- --- --... � .�. � , RIC� CREEK WATERSH�D DISTRICT INF��-�RA�.T�ON `4V�ORKS�-YEET . �A PERMIT NAM�: V t`� �' °�"/Y1 t� V � PEI2MiT NO. STEP 1: Deterinine impervious and pervions areas. Note: �nclude all pervious and impervious areas located in any rights-of-way. (a) Total Site Area D,9� � (b)Imperviaus t�,rea D-'��' ac (examples; roads,roo:fs, parking lots, gravel drives) (c) *Effective Pervious Area ac [not (a)—(b)] Undisturbed: ac Disturl�ed: ac * Only use horizontal component of surface area which is subject to intennittent prolonged wetting. Do not include area of permanent pooIs o!f ponds or wetlands(see Stvrmwuter In�ltrution Gccidance Desigri Parameters). Note: The effective area avaiiable for infxitracion must be capable of rec,eiving the runoff from impervious surfaces. Pervious "islands" located ab�ve adjacent parking lot surfaces, for example, will not be crediced. STEP 2: Demonstrate % imperviousness Ior the site. ((b)+(a)] x 100= �"� % d d MUST BE<80% O O _ ST'EP 3: Determine runoff�volume from unperviAus se;faces genera#ed �3► me�ia� s�orm of 0.34 inches. b'�'�r @� x 0.9 x 0.34 inches x ifr - r s�� D.0 (i�e� 12 inches Impervious Coefficient Mpls-St.Paul Volcune Area (ac) Median Storm Needed to be - Rain,fail h�fiItrated(ac-fi�) STEP 4: Calculate volurne capable o[ beit�g infiltx�ated' on site within 72 hours., Use infiltration rates liste� on page 2 of Stor�nwater ,in,filtratio►i Guidance 1�esign Parameters. Saturated in5ltration rate (if multiple on-site soil types, use most restrictive) for Type�_soils= C�,SQ �� Q p C� � - idhr �� - b�Cl'.S - , rt� i ft _ . -3� J . D' (�) X � (� � 72 x _ � 12inches « E�fecrive Inftltration Hou�s Volu,ne . Pervioi�s) Rate Infcltraced Area a c Corre ondin � ) sP S tn 72 Flottrs ro Snit Type (a�_fY) (ir��r) STEP 5: Compare volume generated to volume infiltrated. �' � ��'�� / "�'J�(g)MUST BE GREA?'E14 �'A�N OR EQ UAL TO ��p� (e), d,D 3� 2-99 RLv Fridley-Mike Juaire Type 1124-hr Rainfa11=2.50" Prepared by R. Nelson Engineering Pa—ge�' HydroCAD�6 00 sJn 000808 �198f�2001 Appied MuxocompuGer SYstems 2/6/2003 Subcatchment 1S: (new node) [46J Hint:Tc=O (Instant runoff peak depends on dt) � � � ' Runoff = '�. 0_00 cfs\@ 13.22 hrs, Volume= Q.002 af , ��,:� ��1"1� Runoff by SCS TR-20 mefhad;�UL-i=SCS,Time Span= 1_00-20.00 hrs, dt=0.05 hrs _ Type N 24hr Rainfa11=2.50" �- Area (ac) CN Description 0.500 54 1/2 acre lots, 25% imp,,HSG A i , Wl�`^^. �p �� _-T,�^ E/�-4� �� `�� ,�� ` D'��,��.�_� �,��, � � S� Fridley-Mike Juaire Type 1!24hr Rainfall=6.00" Prepared by R. Nelson Engineering Pa9� HydroCAD�6.00 s/n 000808 01986-2001 AppGed Mcrocomputer Systems 2/6/2003 Subcatchment 1S: (new node) [46J Hint: Tc=Q(Instant runoff peak depends on dt) Runoff = t 1.44 cfs 11.90 hrs, Volume= 0.053 af . , Runoff by SCS TR-20 method, UH=SCS,Time Span= 1.00-20.00 hrs, dt= 0.05 hrs Type II 24hr Rainfalt=6.OQ" Area (ac) CN Description 0.5Q0 54 1l2 acre lots, 25% imp, HSG A �� ....— -,ti Fridley-Mike Juaire Type I!24hr Rainfail=6._ 00"_, Prepared by R. Nelson Engineering Page 1 HydroCAD�6 00 s/n 000808 �1986-2001 App6ed Microcomputer Systems 2/6/2003 Subcatchment 2S: (new node) [46] Hint:Tc=O {Instant runoff peak depends on dt) Runoff = 4.54 cfs @ 11.89 hrs, Volume= 0.195 af , Runoff by SCS TR-20 method, UH=SCS, Time Span= 1.00-20.00 hrs, dt= 0.05 hrs Type II 24hr Rainfatt=6.00" Area (ac) CN Description 0.440 98 Paved parking &roofs 0.060 39 >75°lo Grass cover Good, HSG A 0.500 91 Weighted Average 1 '` � � . � � L - _ _ _ __ _ � Fridley-Mike Juaire Type/124hr Rainfa11=6.00" Prepared by R. Neison Engineering Page 1 HydroCAD�6.00 s/n 000808 �1986-2001 Appfied Microcomputer Systems 2/6/2003 Pond 1 P: Pond Inflow = 4:- 11.89 hrs, Volume= 0.195 af Outfiow = 1.40 cf 11.99 hrs, Volume= U.190 af, Atten=69%, Lag=6.3 min Primary = �--'t' cfs @ 11.99 hrs, Volume= 0.190 af ,, Routin.g.b __Stor-ind method,Time Span= 1.00-20.00 hrs,dt=0.05 hrs .---.---�-..,.: Peak Elev=872.08' Sto ge=3,188 cf - me=51.1 min calculated for 0.190 af(98%of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubio-feet) (cubic-feet) 870.00 1,530 0 0 872.50 1,530 3,825 3,825 Primary OutFlow (Free Dischargej �1=0rifice/Grate 2=0rifice/Grate # Routing Invert Outlet Devices 1 Primary 870.00' 4.0"Verk Orifice/Grate C=0.600 2 Primary 870.80' 5.5"Vert.Orifice/Grate C= 0.600 � � U V� �`v1/� _ � � ��. t �.�� . THIS IS NOT A PERMIT At their meeting held February 26, 2003 the Board of Managers of the Rice Creek Watershed District took action on your Permit Application as shown on the attached document. The following definitions may be helpful to acquaint you with our procedure and effect timely permit issuance: TWAFAA(Tabled with Authorization for Administrative Action) =The District has nearly all exhibits required for adequate review and issuance of a permit; you have 90 days to submit the required item(s)without going back before the Board of Managers, but this action reverts to a TABLE if the 90 days elapse. Please submit additional exhibits with your application number affixed in triplicate. Failure to identify your exhibits by Permit Application number could mean a delay in issuing your permit. Cash surety: If your project requires a cash surety, the surety will be kept through final inspection to assure erosion control measures remain current as shown in plan and also for compliance with other permit requirements. Up to the first $5,000 must be cash—a check from the applicant is acceptable. Amounts over$5,000 are accepted in the form of an irrevocable letter of credit or an insurance company bond. Please use the attached format for the letter of credit or bond. Since your project requires an easement, this can be submitted either drawn on the preliminary plat or as a separate legal document. Guidelines for a separate legal document are available upon request. Forward two draft documents (unsigned) including the legal description in the body of the document for review by the District's Attorney and Engineer. Following their comments, you must submit an acceptable original document to the County Recorder's Office and provide RCWD with a photocopy exhibiting the Document Number. PERMIT WILL BE ISSUED AFTER WE RECEIVE FINAL COPY AND PROOF OF RECEIPT BY COLTNTY RECORDER. When you receive the final recorded document, you must send a copy to RCWD. No surety refund will be made by RCWD until official proof of recording is provided. After receipt and review of additional exhibits, more information may be required for clarification to ensure that District's requirements have been met. If you have any questions, please call Karl Haimners, Rice Creek Watershed District Permit Coordinator, at 763-398-3072. C: City of Fridley Applicant's Consultant: R. Nelson Engineering Correspondence RCWD File# 03-018 KH Rice Creek Watershed District Permit Application Number 03-018 Applicant: Michael Juaire Consultant: R. Nelson Engineering PMJ Group, Inc. 1628 County Hwy. 10 NE, P.O. Box 43243 Spring Lake Park, MN 55432 Brooklyn Park, MN 55443 Ph: 763-784-7390 Ph: 763-315-4399 Fx: 763-784-9246 Fx: 763-315-3994 mengr@cpinternet.com mkjuaire@attbi.com Purpose: Land Development Plan for 8 town home units tributary to "Norton Creek", 1.0� acres. Location: 1170 Norton Avenue NE, Fridley T-R-S: 30-24-12 cdb Recommendation: Table with authorization for administrative action pending receipt of the following items related to: Stormwater Management 1. Revised treatment basin configuration maximizing the distance between the inlet and outlet in order to prevent short-circuiting of the stormwater. 2. Revised infiltration basin design maximizing infiltration potential as an alternative to conventional stormwater ponding. Administrative 3. Draft legal document with satisfactory form and description granting ponding and flowage easements over all onsite hydrologic features (including 25-feet from the centerline of « „ Norton Creek . 4. Co of recei t from Count Recorder and si ned/notarized PY P Y g le al document s are to be legal document(s). Note that g ( ) submitted by Applicant to County for recording only after approval by District. 5. Cash surety in the amount of$1,500. Exhibits: 1. Permit Application dated February 6, 2003, received February 7, 2003. 2. Hydrologic Calculations prepared by R. Nelson Engineering, dated February 6, 2003, received February 7, 2003. 3. Grading, Drainage, and Erosion Control Plan prepared by R. Nelson Engineering, dated February 7, 2003, received February 7, 2003. 4. Infiltration Worksheet prepared by R. Nelson Engineering, undated, received February 7, 2003. 5. Soil Borings prepared by Professional Engineering Consultants, Inc., dated February 3, 2003, received February 7, 2003. Findings: 1. Proposed project entails construction of 8 townhome units on an existing one acre residential lot riparian to "Norton Creek". �2. The proposed stormwater management plan routes all runoff to a I proposed treatment pond with and infiltration bench. The proposed pond has the inlet immediately adjacent to the outlet which will result in short-circuiting of the pond. In addition the proposed infiltration bench does not have any depressional storage and therefore does not meet the Districts infiltration standard. Since there is less then one acre of proposed impervious full rate control and water quality treatment is not required on site. However infiltration/water quality BMPs are to be maximized on site. It is recommended that with the sandy onsite soils onsite that the proposed treatment basin be modified to a small pretreatment cell routed into infiltration features (i.e. an infiltration basin planted with deep rooted native vegetation). 3. The NWI maps do not indicate any wetlands onsite. In addition the site is currently a fully developed residential site. Therefore there will be no wetland impacts on site. 4. The 100-year flood elevation for this site is 851.6 (1998 RCWD calibration study). There is no floodplain onsite and the proposed low floors meet District freeboard requirements over the proposed pond. 5. An erosion control plan including silt fence downstream of graded areas, riprap at stormsewer outfalls, revegetation specifications, and an implementation schedule has been submitted. Standard Easement and Guidelines To ensure the County Recorder will accept your document, please follow these guidelines: ➢ MARGINS: Top margin must be 3 inches on the first page (type below margin) Bottom, sides and other page margins must be '/2 inch. Note: No marks or writing can be within these spaces. ➢ NOTARY STAMP AND SIGNATURES: Notary must stamp below their signature Signature "tails" and notary stamp cannot be in margin area. First draft easement submitted for approval by our attorney and engineer requires no signature. However, if you are submitting an a�proved easement to be recorded, we will need an ORIGINAL DOCUMENT with all original signatures, dates, etc. ALSO: NO staples, erasures, whiteout, fax information, hole punches, computer disk information, page numbers or stains. **Failure to follow these guidelines could delay the processing and recording of your easement, resulting in a delay starting your project.** Samples are available from the Rice Creek Watershed District office for the following form documents: 1. Ponding and flowage easements. 2. Declaration of restrictions and covenants for replacement wetland. 3. Affidavit of landowner(s) for replacement wetland. 4. Consent to replacement wetland. INSTRUCTIONS FOR CORPORATE GRANTORS NOTE: First page must have a 3-1/2 inch marqin at top (leavinq room for Recordinq Information) and %2-inch marqin on riqht, left and bottom of pac�e. Any deviation from this will result in a non-standard form and will incur extra charges at the County Recorder's Office. If Grantor is a corporation: 1. Conveyance language in easement form should read: , [full name of corporation] a corporation organized under the laws of , (state of incorporation, e.g., Minnesota] grantor... 2. Signature language should read: IN WITNESS WHEREOF, the above corporation has caused this instrument to be executed in its corporate name by its , [title of officer authorized to sign easement on behalf of corporation, e.g., President] on , 20 [date of signature]. [full name of corporation] By [name of officer signing on behalf of corporation] Its [title of officer) 3. Acknowledgment paragraph should read: State of [state where acknowledged] County of [county where acknowledged] This instrument was acknowledged before me on [date] by [name(s) of person(s)] as (type of authority-officer authorized to convey interest in real estate] of [name of corporation], on behalf of that corporation. [Signature of notary, commission expiration date] 4. Bottom of form must contain a "drafted by" statement. This must contain the name and address of the person or entity drafting the easement. (Above Space is Reserved for Recording Information) EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, (Grantor's full legal name) grantor, (marital status if individuals) does hereby grant, bargain and sell, release and convey to the City of (City Name) a body corporate, grantee, and to its successors and assigns, a perpetual ponding and flowage easement over, on and upon and across the land hereinafter described, all of said land lying and being in (County Name) County, Minnesota. Said land being described as follows: [include legal description in body of this document] No one other than (Grantor(s)) (insert name(s) of any other parties holding interests in the property) possesses any right, title or interest in the property above described. (Note: If any person or entity other than Grantor(s) possesses a right, title or interest, a Consent & Subordination executed by that person or entity must be included with the Easement.) This easement will be unlimited in duration, without being re-recorded. IN WITNESS WHEREOF, I have hereunto set my hand this (Day) day of (Month) , 20_ (Grantor's Legal Signature) STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this D( ay) day of Month , 20_, by Grantor's Full Legal Name) . (Notarv Siqnature with Seal) Notary Public This Document was Drafted By: (name and address] INSTRUCTIONS FOR INDIVIDUAL GRANTORS The easement must be conveyed by all fee owners of the property to be conveyed. In the case of individual fee owners, the conveyance language in the easement form must include the marital status of the grantors. 1. Conveyance language in easement form. If grantors are married, their full names and marital status, "husband and wife" must be included. For example, "John A. Doe and Mary E. Doe, husband and wife, grantors, do hereby grant and convey to ..." If grantor is a single person, 2. Signature language. If Grantor is a single person, his or her full name and marital status, "a single person," must be included. For example: "John Doe, a single person, grantor, does hereby grant and convey to..." Easement form should be signed by each grantor. If grantors are married, each must sign. 3. Acknowledgment paragraph. If grantors are married, their full names and marital status, "husband and wife" must be included. For example: State of County of This instrument was acknowledged before me on , 20_, by John A. Doe and Mary E. Doe, husband and wife. [Signature of notary, commission expiration date] If grantor is a single person, his or her full name and marital status, "a single person" must be included. For example: State of County of This instrument was acknowledged before me on , 20 , by John A. Doe, a single person. [Signature of notary, commission expiration date] 4. Drafted by statement. Easement form must always include a "Drafted by" statement. This follows the notary paragraph, and contains the name and address of the person or entity drafting the easement document. City of Fridley Land Use Application ZOA-03-01 February 19, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Michael Juaire Petitioner, Michael Juaire is requesting to PO Box 43243 rezone the property located at 1152 Norton Brooklyn Park MN 55443 Avenue from M-1, Light Industrial to R-3, Requested Action: Multi-Family to allow for the construction of a Rezone property from M-1 to R-3. town home development. Existing Zoning: SUMMARY OF ANALYSIS M-1 Light Industrial City Staff recommends approval of this Location: rezoning request. 1152 Norton Avenue Proposed rezoning is an extension of the . Size: existing R-3 zoning district. 27,885 sq. ft. .64 acres . Proposed rezoning is consistent with the Existing Land Use: Comprehensive Plan. Single Family Home. Surrounding Land Use &Zoning: �;�. ,� � � N: Vacant& Single family& M-1 & R- �� ,�� `'��' �� ' '` � 3 ,r� � � ;��' a<< � �f, E: Single family & R-3 �� °�� ' '�°� �'�'��`�� ,, a � ', S: Medtronic& M-2 � � � �� - i� .�� ; }° W: Commercial & G2 TM ' � ��; '�� A Comprehensive Plan Conformance: ��, � �� ,,5 r � ,�`;� � t � �� `�� Consistent with Plan. �� . � � �� , � ,�� ;-�� ;'` a�_�� Zoning Ordinance Conformance: �� ;a.�� `°� ��''��`'� � Section 205.09.01.A.(1) allows multiple dwellings including rental and � �� condominium apartments. �� . � Zoning History: � � �'�� 1949— Lot platted. Existing home Home built pre-1949. Staff Report Prepared by: Stacy Stromberg 1967—Garage built. Legal Description of Property: Lot 11, Auditor's Subdivision #89 Council Action: March 3, 2003 Public Utilities: Located near property. Transportation: Town homes will be accessed from Norton Avenue. Physical Characteristics: Typical suburban lot and landscaping. 27 - - —� ZOA#03-01 REQUEST Michael Juaire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue, from M-1, Light Industrial to R-3, Multi-Family. With this rezoning request, the petitioner is also requesting to re-plat both 1152 and 1170 Norton Drive to allow for the construction of an 8 unit town home development. ANALYSIS The subject property is zoned M-1, Light Industrial. The properties located immediately to the East and Northeast of the subject property are zoned, R-3, Multi-Family. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the town home development if the rezoning and plat are approved. Zoning —As stated above, the subject property is zoned M-1, Light Industrial and the existing land use is a single family home. The existing land use isn't consistent with the existing zoning designation. Rezoning this property would be an extension of the existing R-3 zoning classification as the entire Norton Avenue block is zoned R-3, Multi-Family with the exception of this property. Therefore, rezoning this property would be consistent with neighboring properties. ` � � . � � � ��.�, � �`��'�`�,;�� +�'r "``�� : �;'' � � � � ��1 �� a "� � ,K.�, � ; �� . � � � , �, �� ,'� ��. � j�� °, ��&��,�, 3 � t `r�� " ��, � � ' ��r" ''�* a • ��y�i�' �+,i�.,�. ` �� h ,5'� �"��"��,. � � , '��T� ? X�� y��i ��. �"M t 5 ¢ P� _ � � � a cj- � � �� •��i� '.. "".� tr`� �� R 4 ,,,�'�"�z'T# � . A _ .+e�+p .z; t� �,y�.� �'. � � ,..'4 � , �#� � "�i�� `�t ��.3ir�. ' '�; ;�r� �T' w � c »a j�4 `4� ��i¢ taA4t:. � ;a _�� , b€� t ��y �`�'� 4 . #`�,�€� ; �� ' � � �� ;�'�'r s��`� 7��»sn �` � '_ 5�. �'. � :,,� rt r, ,�. . , . ,-: . � '. .� ^� ' �r �� xq ry � � t i �� , m E �,�.,_ -}m�� «��. ��a.�s�!.�' _ � �; . � � '� � �"��m� �YI, ,. ., e#»�« �� m ��3�" �x.e'W �T cY�§3'�'.r"s y` .6, ,._-,e,.. � . .,.,e ._...�. S ...C�. � , . . � ,� `.. .:" "x°� k','N:Ye � _— . : "'.'_`a'__ .: � M �� '��.�, — _,� �� m m � «,«.«. ._ .�� -�„„ - �`��s,r,.; ��,�a�5�s�...�'.�- '. -��'. — :� � � „ �R .�(-,�� .«L s� :� -€� L �'°�,Y"� �"a `� `�a..o--s v� � , � � � � � .�� . "} a,ie ''�P. �i,?:`.� �'^`� ,�..��,� H�' 4� ! , . �. .,,, ,u,,.m��, _ . t. . . 'r� �s-a= �lt,w,. _ `�r :wi Photo of 1152 Norton Avenue Comprehensive Plan —The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan designates the 2020 future 28 land use of this property as "Redevelopment." Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purposes of redevelopment are to remove older blighted structures and to provide the opportunity for more efficient land uses and eliminate inefficient land uses and under utilize parcels. Redevelopment can also provide an opportunity to build new facilities, meet current market demands and desires of the City and to eliminate incompatible land uses. All of the above purposes of redevelopment have the potential of being met with the rezoning of this property. Rezoning the property to R-3 is consistent with the Comprehensive Plan and will allow for the redevelopment of the property. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. • Proposed rezoning is an extension of the existing R-3 zoning district. • Proposed rezoning is consistent with the Comprehensive Plan. Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 29 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to20 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 30 PRELIMINARY �� ND SITE PLAN NORTON MANOR �' IRST ADDITION CITY OF FRIDLEY - AN�KA COUNTY , MINNESOTA i -- �� • � �— -- --- � -- — -- S 88 ° 49 ' 21 "E 215 . 81 9�0�,?OJ1� AN�xQIE NORTH L�:NE OF LOT !�, AUD. SUB. NC. BS � — -- � ,� o0000 � -` - - Q�- - -� ( 6 o g"7 . �(./`W 1 i R I G!-.T p� 'AP,Y ACCESS EP,SE�,ENT P[R 9 42 rPG.49 t -� ;' �`�9 r— — — — - — — — — -- -- — __� /,' 2 � t`` F 'l o i �• ,•'� ° � �6 S-�-r�` I -- � — — -- — — -- -- — - — — — — - - -- - -� — �SOUTH L I NE OF THE NORTti i 5 FFET I �nw�� 1 S O 'r I -17-�1 / V! O .. ` `GR \ /. � .002I. �. �x / //' ----.-"- "--"F""'--- '-'-"'-'----�� •�� 0�., —i --- -- -- -- , � � �, �m ;� ,. OUTLOT � �� o � I � �oa � i o .�s i , I � � z I; y � 25 25 � I I5 25 � I 25 I 25 � 1 23 25 —�o� Z I � 'r I / o w I � I I I' 1 � I \ � � y � � � ' ' � i < a � I ��--. - --� ' � � � � > I �----- W ` ;s ,- , �, = I � - �' � � ; GAR GAR i GAR vAfi GAR GAR GAR GAR 5 �N I � � �N o o � i _ J i Z N � ,� � — -'- I I � m i � I _ o � - � �� —ry - -- P 8 0 F 0 S c i� - .� U � D I N G - - - - - - - � r � �_ z o � '^ W i � � w o __ � g �� 7 6 5� 4 �- ' � � � �� w .. � w �- I 3 � vi O _. O - Wm �r O�y _.._'_-- __._____.' �O Q� ._-_---"_._ .__.__1 ___- � I _.___ '} c N � �+�s�° � � � I _ �---- o N I � 1� W IJ� B L 0 � � � 3 I f-1 = / ._I rj" 'y � I L_ O Q I F. _ —_ _ _ _. _.._._ _._ _—____— __'. __. I � � II 25 " 25 25 25 25 25 25 Zg Z O I I � — N � � I I �- �I �'�/ I I w (� II I 6 � I � w II � —cAS' LINE OF THE WEST 28a FEET I I � . � OF LOT i7. AUD, SUB. N0. e9 I II I . — _ " --_ ' __� —_ �_ .. __...__ _-___' —_ wz � ,� �o , wm m N 88 ° 47 ' 48 "W 259 . 81 �'--SOUTH LINF_ OF LOT il, AUD. SUB V NO. 89--� LEGAL DESCRIPiION LEGEND That peri of�Lot II. Audltors Subdlv;s��on No. 83. lyinq �ast of the West 264 feet thereof. = BOUNDARY LINE ANU = LOT LINE The Wes� 28a feet of Lot '�.i, Auditors Suod��vis�on -- � -- = SETBACK LINE '� I hereby certify thai this survey. plan or report No. 83. ercept the Wes'. i!5 feet thereof. toge�her --- = CONC. CURB & �UTTER '� was prepared by ne or under ny direct sapervlsion with ihat certa!n easenent for riaht of way '� and that i an a duly Llcensed Land Surveyor under esiabiisehed in Book 2a2, Page 4si, according �. ih�of the tat �of Mirnesota -- to the duly recorded plat thereof. --------- = PROFOSED DRIVEWAY --- — — --- Date JANUARY 2. 2003 REVISED�. FEBRUARY 6. 2003 QpQppppQpppp = POSSIBLE RETAINING WALL FOR rtiis s��vEr. Tr+t sourH �i�F oF �or , GRAPHIC SCALt IN rCtT Rantly L. Kurth, Llcensed Land Surveyor No. 20270 hUDITORS SUBD NISION N0. 89. IS ASSUMED __ _____ Russeil J. Kurth. Llcensed Land Surveyor No. 16113 TO BEAR N BB'47'48"W. _ SITE CRITERIA K U R T H S U R V E Y I N G � I N C . • = I RON °I PE MONUMENT FOUND AND MARKED AS SHOWN TOTAL OP F30UNDARY AREA = 41.I 97 x S(�.FT. TOTA� OF LO"!S 1-8 AREA = '6.40o S�.F�. 0 2o a0 60 80 4002 JEFFERSGN ST. N.E. c = v2 n,c� iRuti �iN= �oNuv�Nr s�r Ardo cHrr��-� rorn� oF our�or .n naen = za.�a� Sa.F�. SCALE : i INCH = 20 FEET COLUMBIA HEIGHTS, MN 55421 rd!�. � _ s �v0. zeno ALL Or OUTLOT .7 �.. i-0 DED!CATED AS A PHONE: (763) 788-9769 FAX: (763) 788-7602 DRAINAGE AND UTIL lY FASEMENT ON FINAL PLhT E-MAIL: HURTI-I3URVEY�AOL.COM � SIiEET 2 OF SHEETS � - - -._ . _ . . . r,-r,-r� , �� , , ;, , , , „ , „ , , �� „ „ , , „ , , , , _� .. � .. .� I - - - -1 SO . ZO - - - - GARAGE ,.�� 1 -S-F 22 ;, f5545 ' � `�Y 20.5 � " /------31.4------1� 7.8- � PP �� i �i9. 1 I ,� ; �� 's, �� o� . W .� J -� . w Z � o U � �� ' i � � CURB SERVICE 0 ( \ � STO P POLE � a I �..� � i w a i w o A � o W � ;, � ,� �3 � o .-; � ,, -- � �, ;; O .. �y �� N W ..� ,� (� �� "'� D+ I O �' , i � i CO i ,� i �.. i a i I 4 x w - H W � � � � �, -� ,; � CURB `� Z STOP 0 U MN DOT � w � RiW L 1NE � / v _ P. MANHOLE 5.5- ; PP � ; F � � � GATE �4 � �� VALVE -- `� '^ '� F � I � F ' � C � � 9 4 I MN DOT F I RiW LINE-� � "' S � E� V I B�r�M� PP F , �� CE "0vs ��Re \' � o �_ ,, � � ejTVM�N R� � o�s A� � �UR ��-- g --��FRFFw� Y I � w�<< -___-- LEGEND GRAPHIC SCALE IN FEET = LOT LINE �E�P = OVERHEAD ELECTRIC i POWER POLE �-- = FENCE 0 10 20 30 40 50 � CURRENT ZONE = R3 SCALE: 1 " = z0 ' TOTAL BOUNDARY AREA = 19.007 SQ.FT. I hereby certlfy that thls survey, plan or report was prepared by ne or under ny dlrect supervlslon TSB OWNERSHIP c TRACT A l and that I an a dul Licensed Land Surveyor under the laws of t Sta e of Mlnnesota Lots 27.28 and 29. Block 7. Hanlitons Addltlon � Date J A'`�.23�Zc�o 3 to Mechanicsville. Anoka County. Minnesota. CITY OF FRIDLEY OWNERSHIP c TRACT B ) Randy L. Kurth. Licensed Land Surveyor No. 20270 Russell J. Kurth. Llcensed Land Surveyor No. 16113 That part of Lots 25 and 26, Block 7. Hanlltons Additlon to Mechanicsville. Anoka County. Mlnnesota. K U R T H S U R V E Y I N G , I N C . lying Northerly of the following described line: Connencing at the Northeast corner of said Lot 26: 4002 JEFFERSON ST . N . E . Thence southerly along the east line of sa�d Lot 26. COLUMBIA HEIGHTS , MN 55421 a distance of 46.50 feet to the po�nt of beginning of the Ilne to be described: thence Northwesterly to PHONE• (76S) 788-9769 FAX• (763) 788-7602 a po i n t o n t h e we s t e r l y I � n e l y�n g 5.50 P e e t s o u t h e r l y ' ' of the Northwest corner of Lot 26 and sald I �ne there E-MAIL: $URTH3UR VEYOAOL.COM t e r n i n a t �n g. 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EXISTING CONDITIONS NORTON MANOR FIRST ADDITION CITY OF FRIDLEY - ANaKA COUNTY , MINNESOTA i /^� �� ab�.Bj0 ,aiz � ''R'�� , , � � \ ,o � -u / / '•/�0"+�'/ ''/ /' � � W� tl J� � '�'//�� ,� -� � _� � J�' 1B'CAIP � �F�`� � / /. i�� -d ' '-__E d E / E IS•RCP E ' � ' , CATCH �� I 6'CIP � �'�' ,' , � / � 6 ""'B71-- CATCH 4-��a BASIN � I � � ,'� �. � ensiN MA n� �-T---I, , a'' (.� _ 6'CIP I RENgo�E x0�,7��C. �v��`E � B'ESVCP�6.BSx � ' S .�8 �/4.9�� 1 �%L' . �.18 �"81' -IE I � �E•86gwnQ - � B'CIP.0.53x / NORIHE(NE f' LO�II: AUQ.�SUB� BB .' ��'IE•q' 6 �/ J MANHOLE � " /e'Esvcp.o.5az rt MAN LE / im+ e»�. > ) � 8$ �j � B'E�VCP o.�x• � RE-B7 RIGHT OF WAY ACCESS EASRE-869.5 i� " ,0a�. �� ' •' � �' •/ 01�� c IE' .8 ��'d�F.BX.247. P0.991 � 06a .� .� 6 . . 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Audltors Subdivlslon d = STORM SENER �I was prepared by ne or under ny dlrect supervlslon No. 83, except the West 115 Paet thereof, toqether I and that an a duly Licensed Land Surveyor under with that certain easenent for right of way -< • SANI?/•,RY SEWER . tpe laws o�h tate of Mlnnesota astablisehed in Book 242. Page 481. according to the duly recorded plat thereof. I • W�TER MAIN � Date JFt�1.�-.ZoO� a �� • ^ ^ = WOOD RIVICY FENCE . Randy L. Kurth, Licensed Lond Surveyor No. 20270 FOR THIS SURVEY. THE SOUTH LINE OF LOT il. Russell J. Kurih. Licensed Land Surve or No. i61i3 AUDITORS SUBDIVISION N0. 89, IS ASSUMED Ff-E-fy = OVERHEAD WIRES i POWER POLE GRA P H I C SC A L E I N FEET Y � TO BEAR N 88'47'48"W. ' ,�' ' KURTH SURVEY I NG , I NC . • CONC!::_TE DRIVEWAY • = IRON PIPE MONUMENT FOUND AND MARKED AS SF10WN. �� ,s� : 4002 JEFFERSON ST. N.E. o = li2 INCH IRON PIPE MOMIMENT SET AND CAPPED �` � • SIONIFICANT TREE 0 20 40 60 BO COLUMBIA HEIGHT3, MN bb421 MN. L.L.S. N0. Z0270. "`� PHONE: (76S) 788-9969 FAX: (769) 788-7602 ie-vu� xe•ra� SCALE : I INCH = 20 FEET � E-MAIL: KURTH3URVEY�AOL.COM NORTON MANOR FIRST ADDITION TOWN HOME DEVELOPMElVT � CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA A � . � �� . . � � � _: .. '� _� � � � ,. � � �/• �. — — — � � � � — -- ..__ —._.. —� -- —�_— _--_. _ --- � —�'� 00 0��_ �0�� oo _-- .. _ 00 �OO�� OD�OO o0 0o DOOO� OOODO oo — — =� 00 00000 00�00 �� o�Q�o ��o� �0. = I�0 �0000 00000 �� p o��fA��'��o�0 0� �� 0 0 0 00 �� pp oo�oo 00000 0� �� o0000 00000 �0 000 0;;� o0000 0� o 000��'0000 �� FRONT ELEVATION PMJ GROUP,INC. � . •y � FR00301 I _ J � -�. . 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' ' l � I - -- , - �__ �al-- _ __ -.3-- _ -__ ___ �-7 ..�. � .. ..._ . ._ _. - . � __ _ . _ _ _-� �-:i �...- ._: . ..._ , _' �- -_� � __ . . _._. .. I ___ � _ ? ^ _-. �_: -y ' T . _. �.. -_ I -__. : ._.- i I _. t r . i �-- _. �C _ � '��_-y : -.... C[ S 7 ,� �, 'CT�� . ,� :� C�1 � � .� �� `� , _, �� - � — '�f � = �[Ti r = �'� 1T� ZF = _ = — = - — _ _, � - � � _= � — -- r a �'� - - - r -- : = - _ _ _ = _ _ — _ _ = _ - _ _= — - —_ - -� � = — 3 r� — — _� — � _ — __- - — _. =__ — . � CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRUARY 19, 2003 CALL TO ORDER: Chairperson Savage called the February 19, 2003, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Diane Savage, Barb Johns, Brad Dunham, Dean Saba � Members Absent: David��ondrick, Larry Kuechle � Others Present: Stacy Stromberg, Pianner Mi�chael Juaire, PMJ Group, Inc. Cindy Mabel, 1214 Norton Ave. Pam Reynolds, 1241 Norton Ave. Andrea DeWitt, 1243 Norton Ave. Porsha Hoskins, 1243 Norton Ave. APPROVE THE JANUARY 15 2003 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Saba, seconded by Ms. Johns, to approve the January 15, 2003, Planning Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARI�IED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a rezoning, ZOA#03-01, by Michael Juaire, to rezone from M-1, Light Industrial, to R-3, General Multiple Units, to accommodate a townhome development, generally located at 1152 Norton Avenue NE. MOTION by Ms. Johns, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg stated the petitioner, Michael Juaire of PMJ Group, is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial, to R-3, General Multiple Family. The petitioner is also requesting to replat 1152 and 1170 Norton Drive to allow for the construction of an 8-unit townhome development. Ms. Stromberg stated the subject property is zoned M-1, Light Industrial, and the properties located to the east and northeast are zoned R-3, Multiple Family. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the townhome development. Ms. Stromberg stated that the existing land use is not consistent with the existing zoning designation. Rezoning this property would be an extension of the existing R-3 zoning classification, and the entire Norton Avenue block would be zoned R-3, Multiple Family. Therefore, rezoning this prope�ty would be consistent with neighboring properties. � ; PLANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE 2 ' Ms. Stromberg stated the City's zoning ordinance and zoning map are the mechanisms that heip the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to rezone the property from one designated use to another. So long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan designates the 2020 land use of this property as redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purposes of redevelopment are to remove older blighted structures and to provide an opportunity for more efficient land uses and eliminate inefficient land uses as under utilized parcels. Redevelopment can also provide an opportunity to build new facilities, meet current market demands and desires of the City, and to eliminate incompatible land uses. All of these purposes of redevelopment have the potential of being met with the rezoning of this property. Rezoning the property to R-3 is consistent with the Comprehensive Plan and will ailow for the redevelopment of this property. Ms. Stromberg stated City staff recommends approval of this rezoning request with the following stipulations as the proposed rezoning is an extension of the existing R-3 zoning district and the proposed rezoning is consistent with the Comprehensive Plan: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, shall be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials shall be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near the cul-de-sac. 9. The six-inch water main shall be looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the center line of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay the applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turnaround shall be redesigned to meet the City's Fire Department standards. 16. The driveway and fire turnaround shall be designed to 9-ton standards. (corrected — should be 9-ton standards, not 20-ton standards) 17. The fire turnaround shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District's requirements prior to issuance of a building permit. � PLANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE 3 Ms. Savage asked if there were any residences on Norton Avenue that are single family. Ms. Stromberg stated the entire block is zoned R-3, Multiple Family; however, there are single family homes and duplexes on the block. Mr. Saba asked about the $1,500 fee. Is that a park fee for the plat and not the rezoning? Ms. Stromberg replied, yes, but the stipulations for the rezoning and the plat are exactly the same. Mr. Saba asked this was an R-3 rezoning instead of a planned unit development? Ms. Stromberg stated that was a good question. It is just an extension of the existing R-3 zone and seemed logical to the petitioner and staff. Mr. Saba stated that if the property is rezoned to R-3, doesn't it stay there forever as an R-3 property and does not necessarily apply to the stipulations? In other words, if a developer wanted to build this townhome development and tear it down five years from now to build an apartment building, he/she could that because the property would be zoned R-3. Ms. Stromberg stated that was correct. Mr. Saba asked how they define efficient versus non-efficient use of the land in regard to a townhouse compared to R-1 or single-family residential? Ms. Stromberg stated that if a property is zoned R-3, she would say the most efficient way to develop it would be by the R-3 standard with some kind of multi-family. If it was zoned R-1, Single Family, a single family home would be the most efficient use for the property. But that is the difference between the finro. Mr. Saba stated he just had a concern about defining "efficienY' and cramming as much as possible into an R-3 space. He did not think that was being very efficient. Ms. Stromberg stated the Code requires so many units per acre, and Mr. Juaire can definitely build 8 units per acre within those two parcels that will be rezoned and replatted. Mr. Saba stated that he remembers a while back they changed was called a "zero lot line approach" to a full R3 multifamily town home development approach. The zero lot line approach was a method used to allow more homes with common walls (town homes) on a piece of property that with normal residential zoning would accommodate fewer homes. In his opinion some of these developments were ok but now it seems an excuse to cram more residential development into a small lot and this unfortunately is now being classified as "efficienY'. Ms. Johns asked whether the petitioner was aware of the stipulation changing 20-ton standards to 9-ton standards and the requirements of the Rice Creek Watershed. Ms. Stromberg replied, yes, and the petitioner has been in contact with the Rice Creek Watershed. Ms. Savage asked whether staff has received any complaints or comments from the public concerning this. - PLANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE 4 Ms. Stromberg stated they have heard from two of the neighbors who have expressed concerns about traffic, parking, sewer connections, landscaping, and if the road is able to withstand the added amount of tra�c Mr. Dunham asked whether there is anything unusual about this request regarding setbacks or parking-related issues. Ms. Stromberg stated, no. Mr. Michael Juaire stated that regarding the question of why rezoning to R-3 versus planned unit development, these two properties are being combined, one of which is already R-3. So they are asking that the second property also be rezoned R-3 and the combination of the two would be rezoned R-3. To rezone 1152 Norton Avenue to planned unit development would not be consistent with the plan to combine the two properties of 1170 Norton and 1152 Norton Avenues. Obviously, they have to have the same zoning designation in order to make the development work. Mr. Juaire stated that as far as efficient use, he will probably be coming before this Commission some time down the road about another parcel that has actually had some activity on it, wanting to put an 8-unit in an area where it would really be feasible and nice and good for the neighborhood. He thinks on this property, the R-3 zoning regulations would allow for something significantly in excess of 8 units, but these are 8 nice upscale townhomes, 1,700 square feet. He didn't go for maximum utilization; he went for nice townhomes. Ms. Savage asked if he had any problems with the stipulations including #19 regarding meeting all Rice Creek Watershed District's requirements prior to issuance of a building permit Mr. Juaire replied he and the engineer have made an application to Rice Creek Watershed District. Mr. Saba asked if Mr. Juaire intended to fence the pond. There were some objections expressed in a document to the City about the fencing of the pond. If he doesn't fence it, is it in effect going to be a public nuisance? Mr. Juaire stated he had discussed this a little Mr. Bolin. Then he saw the stipulation (#2) about a landscape plan for the ponding area, in lieu of fencing. He stated he has not had a chance to discuss this with Mr. Bolin. He assumed that was for aesthetic reasons. He would like to propose actually putting a fence behind some bushes. You wouldn't see the fence because it would be behind the bushes, and it would be safer for little kids who might wander into the pond. So, he doesn't have a problem with that stipulation. This can be discussed further with staff. Ms. Johns stated the stipulation says landscaping, not necessarily plantings, so it may not necessarily mean bushes. It could mean some sort of other types of plants as well. So that is more particular to a wetland area that may look nice and yet achieve a goal or make it a little more attractive than a fence. Mr. Saba replied he liked the idea of a fence. He worries about the safety of children. Ms. Johns asked if it is a dry pond at this location? Mr. Juaire replied it is meant for runoff water. . PLANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE 5 Ms. Johns asked if this meant it is not wet ali season, just during the heavy rains and then it goes away. Mr. Juaire replied, that is right. Ms. Cindy Mabel, 1214 Norton Avenue, approached and stated she is two lots down from the proposed development. Her lot is like a perfect square shape. She has lived there for 31 years. It is a single-family home and she has taken a lot of care and really a lot of pride in the property. One of her biggest concerns is parking. Since all these townhomes have gone in, the parking has become a very big issue. They're all townhomes, they have very sho�t driveways so there is a lot of parking on the street. As she looks at the curb or street access of the proposed property, there is actually going to be less street frontage for 8 townhomes than there is just for her single-family home. So, she is asking herself, where are these people going to park? From what she understands, they are all going to have two-car garages, but that doesn't allow for extra cars for visitors. What happens at Christmas when people have their families over? Where are these people going to park? And there really isn't very much street parking considering all the streets are full already. Ms. Mabel stated she can't envision how any of those trees can stay. There are some beautiful trees along Norton Creek, and there is water unless it is really a dry summer. Her kids play there. That is a wildlife area that connects down to Rice Creek, and iYs beautiful down there. It is a corridor going straight up along old Central for wildlife, and taking down the trees would be the end of that. So, she is really concerned about the trees. Ms. Mabel asked that they look at the quality of life. They are paying good property taxes. Several of the properties have single family homes, and a lot of the duplexes are owner- occupied. These people have a strong interest in keeping the neighborhood a good neighborhood to live in and, with the street traffic, she doesn't see that happening. She stated people can't park in that cul-de-sac because the plows and school buses need that full width to turn around. She just hopes they will really consider the people moving in there and, maybe a smaller, four-plex or something would be more appropriate. The one house is perfectly good. The other one could be torn down and rebuilt. Ms. Pam Reynolds, 1241 Norton Avenue NE, stated she and her daughter own the duplex at 1241-1243 Norton Avenue. She and her daughter do not believe this is the right spot for more rental property. She understands it's R-3; but, as Ms. Mabel said, many of those homes have turned over and become single family. Even though they are duplexes, they are owner- occupied. She and her daughter moved into Fridley in November of 1999. Since moving into Fridley, they have seen the affect of rental property in their neighborhood. They have heard a lot of concerns about absentee landlords that have not been resolved. There is property behind her daughter's that is connected to a very large apartment complex. There is actually two apartment complexes and what they call townhouses but what she would call four-plexes. That piece of property, although wooded, has been a complaint issue with them for the last 2'/z years. The property is used as a dump site. The properties that are rental are not kept up as well as those that are single family or owner-occupied. Ms. Reynolds stated she has safety issue concerns because of the fact that Norton is a dead end street. Currently, the school bus does not come down the street because the cul-de-sac is not large enough. She has a concern with an 8-plex because of the large construction vehicles causing damage to the street. Who is going to pay for the damages the construction vehicles cause going up and down the street? Currently, the garbage trucks and snowplow are the biggest vehicles that go down that street. She just doesn't see this as being an asset to their PLANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE 6 - neighborhood. She is also concerned with the traffic and the parking, because this is a dead end street. They get a lot of people who just need to turn around because they have turned in the wrong place. To their north there are the apartment buildings that can be seen behind her house, apartment buildings and townhomes. The density is already there; the vacancy rate is already there. There must be four of those townhomes right now for rent. Her concern is that as a taxpayer in Fridley, what about the absentee landlord. She is paying the taxes but she is the one who has to keep track of that property in order to maintain the value of her home. There is pride in ownership, and she doesn't believe there is in rental and doesn't believe this is effective utilization of the property. Ms. Reynolds asked that if this property has had single-family dwelling on it since 1946, how did it get zoned M-1? Ms. Stromberg stated the house was constructed prior to 1949. Fridley didn't become a city until 1949. So, they don't have any records of anything that was constructed prior to 1949. She, too, is unclear why the zoning is the way it is. Ms. Reynolds stated she guessed it would probably be because it abuts up to some of the businesses on that back side that connect via the little road to Medtronic. She just thinks it is a poor spot to be trying to put in 8 more families. Ms. Reynolds stated that in stipulations #15, #16, and #17, talking about changing the turn- around, does that mean the cul-de-sac? Ms. Stromberg stated, no, that turn-around is within the development. Ms. Reynolds stated that the owners of the apartment building at the end of the street did a beautiful job of remodeling. They put in garages, but their parking is nowhere sufficient for the number of residents they have. So, they park on the street. Even during the period of time in the winter from November 1 through April 1, there is parking in front of that apartment building. Now, she doesn't know if they have some special privilege that the rest of the neighbors don't have. She got a ticket for parking in front of her own home. She just thinks this is too many people in a small space. Ms. Johns commented she had some concerns about the trees. Mr. Juaire stated that regarding the absentee landlord, he owns property in Columbia Heights; Fridley, and Mounds View. Previously he was an engineer for 20 some years and started this business in 1988. He stated he is not an absent landlord. He takes very good care of his properties, and he does a very careful job of selecting tenants. Any difficulties would be dealt with immediately. Mr. Juaire stated this property is being requested to be replatted so each of these townhomes may in the future be owner-occupied. They are being established in such a way that they can be owner-occupied. He has had many of his tenants, many of them are professionals, that the next step after leaving his place would be to go out and purchase a home. The type of townhomes that he owns are in a category that requires a good stable job, and quite a few of these people stay with him for a year, maybe two years, and then the next step is buying a home. A few of them have even talked about the rent-to-own kind of situation which is one of the reasons he is establishing this property in the way he is requesting. • PLANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE 7 Mr. Juaire stated that regarding parking, each one of the townhomes are proposed to have a two-car garage with an additional two spaces for parking in front of the garage. The parking space in front of the garage is 45 feet deep which includes the driveway, so it's 20 feet deep for parking space and 25 feet deep for drive. And there is additional space in between so they would be able to put like a dozen cars out of the garage area so the residents themselves have their cars in the garage. They would be able to put another dozen cars off the street in that paved area. Mr. Juaire stated that regarding the trees, on the landscape plan he believed at least five, maybe six trees are going to be kept up. Some are in the way of the building so they have to be taken out. But, they will keep all the trees they can. Most of the trees that are being kept are on the south property line. Mr. Saba asked whether those would be identified prior to construction? Mr. Juaire replied, yes. In fact, he thought it was part of a stipulation, but there definitely was a request to fence around those with one of the orange fences to protect them from contractors. Mr. Saba and Ms. Johns commented that the landscaping has to be approved. Mr. Saba asked Mr. Juaire what his plans were to make these all rental units? Mr. Juaire replied that, initially, the units will be rented, and he is in the process of looking into the rent-to-own situation. So, that is why they are being individually platted with separate services and separate everything so they can be sold. Mr. Dunham asked if there would then be an association. Mr. Juaire replied, yes. He will own the outlot to begin with, and he is working with a lawyer to set it up. Ms. Johns asked Mr. Juaire if he owns any property now in Fridley? Mr. Juaire replied he owns a duplex at 5622-5624 4th Street and a four-plex at 56�' and 4�' Street. The tenants are professional-type people, and he has no problems. Mr. Saba asked him to again explain the parking. There is space for two cars in the garage and two cars in the driveway. He asked if there was space other than that for off-street parking for guests? Mr. Juaire replied he was indicating the area that would be a pull-up. There are four landscaping islands that are wide enough. Now that the islands have been made shorter by one of the stipulations to actually be able to parallel park in front of the landscaping island. They can't park on the turn-around as it will be designated a "no parking area", and they can't park out on the drive, because that is designated as a "no parking area", fire lane. But there would be 8 spaces total directly in front of the garages and then spaces at the end of the landscaping islands. Ms. Cindy Mabel asked if it would be possible for them to get a copy of the map showing "Norton Manor" and the stipulations. She personally can't envision how all of this development and all these parking spaces are going to fit on that amount of land. She also wanted to know what is in it for the City of Fridley. They all know they will be looking at their taxes being raised. PIANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE $ With the lack of state aid coming, the Ciry is going to be a pinch. Are they going to get enough property taxes off this use of the land to pay for the education and all the other services that the City of Fridley is going to have to put back into these eight homes? MOTION by Ms. Johns, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:15 P.M. Ms. Johns stated that regarding rezoning this property, it makes sense that it doesn't need to be M-1 zoning. She thinks it should be rezoned, and it is typical of that neighborhood to be zoned R-3. She doesn't have a problem with the rezoning. Mr. Saba stated he does. He is a tittle afraid of what R-3 could do in the future, especially if it stays rental. He would much rather see something else besides this, like a planned unit development. This development and the other property could be included in a planned unit development so there are more restrictions on the lot and on the development so that what goes there, stays there, and is confined to some type of an agreement, like a townhouse agreement. Mr. Dunham stated he was not sure he had a problem with what the petitioner is doing, but if Mr. Juaire was really intending to ever convey the units individually, is this going to be the right way to do it? Ms. Stromberg replied, yes, because he is platting them each individually. The Commission will be reviewing the plat next on the agenda. Ms. Savage replied she did not have a problem with this, and it appears to be a nice development. Frankly, legally, she doesn't see any way they could deny this request. It seems like the rest of the neighborhood is multi-family. From looking at the property, looking at the plans, and listening to the petitioner, she believed this is going to be an asset to the neighborhood. MOTION by Ms. Johns, seconded by Mr. Dunham, to approve rezoning, ZOA#03-01, by Michael Juaire, to rezone from M-1, Light Industrial, to R-3, General Multiple Units, to accommodate a townhome development, generally located at 1152 Norton Avenue NE, with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, shall be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials shall be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near the cul-de-sac. . �, . , , PIANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE 9 9. The six-inch water main shall be looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the center line of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay the applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turnaround shall be redesigned to meet the City's Fire Department standards. 16. The driveway and fire turnaround shall be designed to 9-ton standards. (corrected — should be 9-ton standards, not 20-ton standards) 17. The fire turnaround shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District's requirements prior to issuance of a building permit. UPON A VOICE VOTE, DUNHAM, JOHNS, SAVAGE VOTING AYE, AND SABA VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A 3-1 VOTE. 2. PUBLIC H RING Consideratio�of a plat, PS 03-01, by Michael Juaire, to plat for a townhome development, �enerally located at 1152 Norton Avenue NE. ti MOTION by Ms. Johns, s`�conded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:17 P.M. Ms. Stromberg stated the petitioner, Michael Juaire of PMJ Group, is requesting to replat the property located at 1152 and 1170 Norton Avenue to create 9 separate lots from Lot 11, Auditor's Subdivision #89, in order to eonstruct an 8-unit renter-occupied townhome development. Ms. Stromberg stated 1152 Norton Avenue is zoned M-1, Light Industrial. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the proposed townhome development, and the petitioner is also applying for the rezoning of the property as is known. Ms. Stromberg stated 1170 Norton Avenue is zoned R-3, Multiple Family. The existing home was built prior to 1949. This home will also have to be removed to accommodate the townhouse development and, as they have been discussing, all of the surrounding properties are zoned R- 3, Multiple Family. Ms. Stromberg stated the petitioner plans to locate his stoi�m pond along the northern edge of the property line close to the entrance of the development. Me plans to construct a fence to surround the storm pond. Staff be�ieves that the image of a pond that is properly landscaped is an aesthetically pleasing element for a townhome development; however, fencing a pond would change that image. Fencing in a pond would not only create an unattractive first image as you PLANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE 10 ' enter the development, but it also could be detrimental to the safety of children. The petitioner shouid design the pond using landscaped materials to create a natural amenity and, if the pond in this location warrants a fence, the pond should be relocated on the site. The proposed townhome development meets all lot size setback, lot coverage, and parking requirements. Ms. Stromberg stated staff has heard from two neighboring property owners who expressed concerns about traffic, parking, the number of units, sewer capacity, and tree replacement. Ms. Stromberg stated City staff recommends approval of the plat request with stipulations as this request provides additional housing opportunities for Fridley residents. The stipulations for the plat request are the same as what was stipulated on the rezoning request and can be found in the packet. Mr. Saba asked the petitioner if he was going to use maintenance-free siding on all exteriors? Mr. Juaire replied, yes. Ms. Johns asked Mr. Juaire if he was just going to demolish the two existing homes and dispose of the debris or if he was going to deconstruct them. Did he know about deconstruction? Mr. Juaire stated the home at 1170 Norton Avenue is going to be destroyed and disposed of as it is in pretty rough shape. The existing home at 1152 Norton Avenue was recently remodeled and is in pretty good shape. It has a relatively irregular shape to it. He doesn't know if there are any documents that would show it, but it has had multiple add-ons and he has two house moving companies that are going to look at moving it. If it can be moved, they will do that. Ms. Johns stated that in some homes, especially homes built early in Fridley's history, the products that were made, whether it's the windows or parts and pieces of the house, are valuable to adjacent properties. Mr. Juaire stated he would not throw anything away that can be saved. There is a separate sauna at 1152 Norton Avenue that is not going to be thrown away. Mr. Saba asked if the garage doors are going to be equipped with automatic garage door openers. Mr. Juaire replied, yes, all of his townhomes have automatic garage door openers. Ms. Johns asked whether the utility shed that is located on the plan to the west of the nearest lot 8 is going to house things that are going to take care of the property itself. Mr. Juaire replied the utility shed at the west end will house both the controls for the irrigation system, lawn irrigation system, and fire protection sprinkler system. Those will be monitored controls. Ms. Johns asked if each of these homes would have garbage pickup by entering the lot at Outlot A. Mr. Juaire replied, yes. Ms. Johns asked if garbage and recycling woul� be within the garages and set out for pickup. PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, March 3, 2003, at 7 :30 p.m. for the purpose of : Consideration of a rezoning, ZOA 03-01, by Michael Juaire, to rezone from M-1, Light Industrial , to R-3 , General Multiple Units, to accommodate a townhome development, legally described as part of Lot 11, Auditors Subdivision 89, (full legal description on file) , generally located at 1152 Norton Avenue NE . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 27, 2003 . The TDD number is 763-572-3534 . SCOTT J. LUND MAYOR Publish: February 20 , 2003 February 27, 2003 S�,n F�°c,c�,s - �-aa � �'a�"°3 City of Fridley PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center,6431 University Avenue N.E. on Monday, March 3, 2003,at 7:30 p.m.for the purpose of: Consideration of a rezoning, ZOA 03-Ot, by Michael Juaire,to rezone from M-1,Light Industrial,to R-3, General Multiple Units,to accommodate a townhome development, legally described as part of Lot 11,Auditors Subdivision 89,(full legal description on file), generally located at 1152 Norton Avenue NE. Any and ail persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599. Hearing impaired persons planning to attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 763- 572-3500 no later than February 27,2003. The TDD number is 763-572-3534. SCOTTJ.LUND MAYOR (Feb 20&27,2003)F2/Juaire rezone CC � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 3, 2003 CffY OF FRIDLEY Date: February 25, 2003 To: William Burns, City Manager tA� � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing For Rezoning Request, ZOA#03-01, Michael Juaire, PMJ Group, Inc. M-03-31 INTRODUCTION Michael Juaire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial to R-3, Multi-Family to allow for the construction of an 8-unit town home development. At the February 19, 2003, Planning Commission meeting, comments were made from two neighboring property owners. They expressed concerns about traffic, parking, number of units, sewer capacity and tree removal. PLANNING COMMISSION RECOMMENDATION At the February 19, 2003, Planning Commission meeting, a public hearing was held for ZOA#03-01. After a brief discussion, the Planning Commission recommended approval of plat request, ZOA#03-01, with the stipulations#1-#19 below. THE MOTION CARRIED BY A 3 TO 1 VOTE. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council hold the public hearing for ZOA#03-01. In addition Staff recommends that stipulations#20 and #21, below, be added to any approval of the rezoning. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 25 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 26 � AGENDA ITEM ` CITY COUNCIL MEETING OF MARCH 3, 2003 ClTY OF FRIDLEY Date: February 25, 2003 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading of Ordinance To Approve Rezoning Request, ZOA#03-01, Michael Juaire, PMJ Group, Inc. M-03-32 INTRODUCTION Michael Juaire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial to R-3, Multi-Family to allow for the construction of an 8-unit town home development. At the February 19, 2003, Planning Commission meeting, comments were made from two neighboring property owners. They expressed concerns about traffic, parking, number of units, sewer capacity and tree removal. PLANNING COMMISSION RECOMMENDATION At the February 19, 2003, Planning Commission meeting, a public hearing was held for ZOA#03-01. After a brief discussion, the Planning Commission recommended approval of plat request, ZOA#03-01, with the stipulations#1-#19 below. THE MOTION CARRIED BY A 3 TO 1 VOTE. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. In addition Staff recommends that the Council hold the first reading of the ordinance to approve ZOA#01- 03, with stipulations#20 and #21. 40 ORDINANCE NO._ 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 foilows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The West 284 feet of Lot 11, Auditors Subdivision No. 83, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 491, according to the duly recorded plat thereof. Is hereby designated to be in the Zoned District M-1 (Light Industrial). 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 M-1 (Light Industrial) to R-3 (Multi-Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS_____ DAY OF_________, 2003. ------------------------ SCOTT J. LUND - MAYOR ATTEST: DEBRA A SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 41 Rezoninq Attachment 1 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 42 : AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2003 CfTY OF FRIQLEY Date: March 20, 2003 illi m Burns Cit Mana er � To: W a , y g �`� �01� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of Ordinance to Approve Rezoning Request, ZOA#03-01, Michael Juaire, PMJ Group, Inc. M-03-46 INTRODUCTION Michael Juaire, PMJ Group, Inc. is requesting to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial to R-3, Multi-Family to allow for the construction of an 8-unit town home development. At the February 19, 2003, Planning Commission meeting, comments were made from two neighboring property owners. They expressed concerns about traffic, parking, number of units, sewer capacity and tree removal. PLANNING COMMISSION RECOMMENDATION At the February 19, 2003, Planning Commission meeting, a public hearing was held for ZOA#03-01. After a brief discussion, the Planning Commission recommended approval of plat request, ZOA#03-01, with the stipulations#1-#19 below. THE MOTION CARRIED BY A 3 TO 1 VOTE. PRIOR CITY COUNCIL ACTION At the March 3, 2003, City Council meeting a public hearing and first reading were held for rezoning request, ZOA#03-01. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. In addition, Staff recommends that the Council hold the second reading of the ordinance to approve ZOA #03-01, with 21 stipulations. 3 STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable;park dedication fee of$1,500 per unit prior to the issuance of any 4uilding permits. 15. The fire turn around shall;be re-designed to meet the City's Fire Department . standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approvaL ,., ; , , , . , 4 FRIDLEY" CIT'Y COU: 'CIL �IEETI�iG OF �I�RCH 3, 2003 PAGE 16 tront vard setback trom ?9 fzet to 18.� feet. This �vould recoQnize t 'e�cistin� non-conformitv. the existinv placement of his home. The second variance request �ould be to reduce the front vard setback frorn �9 fzet do�tin to 10 feet to accommodate pro�aosed construction of an open co��ered porch on the ��est sid� of his home. He said the _�pp;eals Commission recommended approval of the tront vard set back variance to recovnize t e existina non-conformit��. The variance simpl�� reco�nized the pre-existinQ condition.v App�vin� the variance would not set a precedent for unde�eioped lots in the future. "ith respe�f to the second variance request the appeals Commissien recommended denial. No similar �`anances have been Rrar.ted ir. the past, an alternati��e option did exist, and there did not%appear to be undue hardship. Staff recommended concurrence ��-ith the �ppeals Commis��on. �1r. T'imoth�� filler, �91 Do��er Street, stated t��porch issue �vas discussed at the �ppeals Commission meetinv. / Councilmember W'olfe asked how he felt abo�.yt�the decision. � Mr. Miller said it would have been nice if it�was approved. / MOTION by Councilmember Barnett to remove this item from the table. Seconded by Councilmember W'olfe. tiPON A VOICE VOTE, ai,L�VOTING AYE, MAYOR I��J�1D DECLARED THE MOTION CARRIED LTti"AtiIvI(�USLY. vlr. Miller stated that he did not/think there was anything more he could do to get it approved. He said they mentioned somet�ing about changing the address, and he did not want to pursue that option. He �L-ould like to leave everything the way it was and Qet the setbacks taken care of. i' �10TION bv Councilmerr�kier Barnett to approve the front yard setback variance request reco�nizing an e:cisting no�i-conformity. Seconded by Councilmember Wolfe. UPON A VOICE V /TE, ALL VOTING AYE, MAYOR LUND DECLARED THE � MOTION CARRIE/�UNAMIMOUSLY. MOTION by Counc�i'lmember Bamett to deny the front yard setback request to reduce the front yard setback from 9 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded y Councilmember Wolfe. UPON A V CE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION C ED UNAMINIOUSLY. NEW BUSINESS: 9. FIRST READING OF AN ORDINANCE TO Ai�IEND THE CITY CODE OF THE CITY OF FRIDLEY, �II�'�1ESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZOrING REQUEST, ZOA #03-1, BY NIICHAEL JUAIRE, TO FRIDLEY CITY COL'�YCIL �IEETING OF �I.aRCH 3,2003 PAGE 17 REZONE PROPER`T�C" FRO�I l�i-1, LIGHT I�iDtiSTRI:�L, TO R-3, GEr�RAL �IL"LTIPLE L�iIT'S, GENER�I.L�" LOCAT'ED aZ' 11�2 NORTO�i �VEti�.� N.E.) (tiV aRD 2). �tOTION b�� Councilmember ��'olfz to ��aive the reading and appro��e the ordinance on tirst reading. Seconded bv Councilmember Billinvs. tiPO�i A L'OICE VOTE, :�LL VOTI�iG AY"E, I�I�YOR LU�iD DECLARED THE MOTION C:�RRIED C�NAl�1I�IOliSL�". 10. PRELI�II�i�RY PL:�T REQUEST, PS #03-01, BY' �IICHAEL JLiA.IRE, TO REPLaT �ROPERTY' FOR A TO`�'HONIE DEVELOP�IENT, GENERALLY LOC�TED T 115? AND 1170 NORTON AVENUE N.E. VARD 2 . N10TIUN by Council mber Wolfe to approve Preliminary Plat Request, PS #03-01 with the followin� stipulations: 1. The final landscap��p plan shall meet code requirements for number of and sizes of ptantings and be rev�wed and approved by City staff prior to issuance of a building � permit. `� 2. A landscape plan for the �ionding azea, in lieu of fencing to be reviewed and approved by City staff prior to issuance�pf a building permit. 3. A storm pond maintenanceF�reement shall be filed with the City prior to issuance of a buildinQ permit. � 4. All landscaped areas shall have i �gation installed. 5. The proposed walkway shall be conc ,ete. 0 4 6. Brick type and application on elevatians and other external building materials to be review•ed and approved by City staff prior'��o issuance of a building permit. >,, 7. A grading and drainage plan shall be subm t�ed and approved by the City's engineering staff prior to issuance of a building permit. o, °, 8. The sewer connection shall be located near cul-de�ac. l* 9. Six inch watermain to the looped according to City en�ineering staffs specifications. � 10. A 12-foot utility and draina�e easement shall be granted�along the entire southern edge of the property prior to final plat. � .> � FRIDLEY CITY COUNCIL �IEETING OF �IARCH 3, 2003 PAGE 7 CPO� � �'OICE VOTE, �LL'`OTING AYE, �I_aYOR LLrD DECLaRED THE PL"BLIC HE:�RIrG CLOSED aT 8:'_2 P.�I. 7. CO�SIDER�TIOr OF :�� ORDIr��CE TO a�IE�D CIT�' CODE OF THE CITY OF FRIDLE�C", �II�i�iESOTA, BY" �I_-�I{IrG a CI�a:�iGE I�i ZOYI�iG DISTRICTS (REZOrIrG REQliEST, ZOA #03-01, BY I�IICH:-�EL JLAIRE, TO REZOtiE PROPERT�C' FRO�I �I-1, LIGHT INDtiSTRIAL, TO R-3, GE�iER-�L �itiLTIPLE L'��`ITS, GErERaLLY LOC:�TED AT 11�2 rORTO�r :��'Eti'L�E N.E.) (�V;�RD 2). 7:�. CONSIDERATIOr OF APPROVING PRELI�IIN�RY' PL�T REQtiEST, PS #03- Ol, BY �IICHaEL JU:�IRE, TO REPLAT PROPERTY FOR A TOWr'HO�IE DEVELOP�IENT, GENER-�LL�' LOCATED AT ll�2 :�rD 1170 �iORTOti AVENUE N.E. (WARD 2). MOTION by Councilmember W'olfe to open the public hearings. Seconded by Councilmember Barnette. L�PON A VOICE VOTE, ALL VOTING AYE, �IAYOR LL�iD DECLARED THE PUBLIC HEARING OPENED AT 8:23 P.�I. Mr. Bolin, Planning Coordinator, stated this ��as a public hearing on a rezoning request and plat request. The petitioner was Liichael Juaire of P�1J Group, Inc. Mr. Juaire requested to rezone the property located at 1152 ti'orton Avenue &om M-1, Li�ht Industrial, to R-3, Multi-Family. The petitioner also requested to replat both 11�2 and 1170 Norton Avenue to allow for the construction of an 8-unit townhome development. With respect to the rezoning request, 11�2 Norton w�as zoned light industrial and the eristing land used as a single-family home. The existin� land use was not consistent �vith the existing zonin� designation. Rezoning this property would be an estension of the e�cisting R-3 zonin� classification, as the entire Norton Avenue block is zoned R-3, Multi-Family. He said the petitioner owned property 1170 Norton Avenue and had proposed that those two lots be combined and replatted for the 8 townhome units. Mr. Bolin stated that the City's zoning ordinance and zoning map are the mechanisms that help the City achieve the vision laid out in the City's Comprehensive Plan. The law gave the City the authority to rezone property from one designated use to another as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan designated the 2020 future land use of this property as being in a redevelopment area. N1r. Bolin said the Planning Commission recommended approval of the rezoning request on a 3 to 1 vote wzth nineteen stipulations. The proposed rezoning is an extension of the eYisting R-3 zonin� district, and the rezoning would be consistent with the Comprehensive Plan. City staff recommended concunence �vith the PlanninQ Commission wzth the follo�vin� stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantin�s and be re��iz��ed and appro��ed by City staff prior to issuance of a buildinQ permit. � FRIDLEY CITY COU�ICIL �IEETIYG OF �LaRCH 3,2003 PAGE 8 2. A landscape plan for the pondina area, in lieu of fencins to be review•ed and approved by City staff prior to issuance of a buildin� permit. y 3. A storm pond maintenance a�reement shall be tiled ��ith the Citc prior to issuance of a buildina permit. =�. Alt landscaped areas shall have irriaation installed. �. The proposed walkw�ay shall be concrete. 6. Brick type and application on elevations and other extemal buildina materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainaje plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Si� inch watermain to the looped according to City engineerin� staff s specifications. 10. A 12-foot utility and draina�e easement shall be granted along the entire southern ed�e of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standazds. 13. All elements of the building shall meet the current building code and be approved by the City Buildina Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building pernuts. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a buildina permit. � FRIDLEY CITY COL�ICIL �IEETING OF NI�RCH 3, 2003 PAGE 9 �'0. Provide proof that anv esistina wells or individual sewaQe treatment sy�stems Iocated on the site are propert�� capped or remo��ed. �1. .� Developrnznt :�i7re�rnznt outlinin�, the Developer's oblii7ation to install utilities, ztc.. ��ill be prepared by the City and shatl be sianed by the Petitioner prior to tinal plat approval. �Ir. Boiin said that �i-ith respect to the pretiminar� plat, the proposed tow�homz de��elopmer�t met all the lot siz�, setback, [ot coverage, and parking requirements. He said there ��-ere 9 lots. ' Each to�.�nhome had a lot and the ninth lot would be the common property. The Plannin� Commission revie�L-ed the preliminary plat request and unanimouslv approved it wzth nineteen stipulations. City staff recommended concurrence wlth the Planning Commission and recommended the addition of tw�o stipulations. Councilmember Wolfe asked about the number of stipulations. v1r. Bolin replied that the majority of the stipulations were code requirements, City policies, or State statutes, and were put into stipulation format so there would be no questions that they needed to be followed. Councilmember Billings asked if 11�2 was a landlocked parcel or if it was across from another street. �1r. Bolin re lied there was a 12-foot wide easement that went across 1170 into 1152. T`here are P existing homes on 1152 and 1170. Councilmember Billin�s asked about the parcel that was immediately north of 11�2 and 7090 and south of 7151. Mr. Bolin replied he believed that Hazstad Companies was located there and Mobile Home Sales was located to the north of that. Councilmember Billings asked what 7151 and the unidentified piece were zoned. Mayor Lund asked how the creek divided the property. Mr. Bolin re lied that there was an easement across the northwest corner of the property. He said P the Rice Creek Watershed District was reviewing this plan. They have requested easements to rotect the ed e of the creek. City Engineering staff requested a 25-foot easement from the P g center of the creek, so they do not have anything impacting the creek. tilayor Lund asked about the pond on the property that was mentioned in the stipulations. �Ir. Bolin said there was a pond proposed for the north edge of the property. Petitioner proposed puttina a fence around it. - � FRIDLEY CIT�C' COL'NCIL �IEETING OF i�1ARCH 3,2003 PAGE 10 � �Iavor Lund stated tha[ the pond �vas for runoff from asphalt and hard surfaces. Mr. Bolin stated that �vas correct. �Iavor Lund asked about the Fire Department's turn around. �-Ie w�anted to kno�L- if it �vas on the �vest side. �1:. Bolin replied [hat it ��-as. �I� said t�;e Fi:e Department requested an arran�ement like this so thev could Qet a truck in and turn it around. � �Ir. Ed Stanke, 7091 Hiah�vav 6�, said he was present for several reasons. Council had answ-ered some of his questions. He said when this proposal was first made, thev were told the townhomes �vould be sold. They found out that they are not for sale, but are aoinQ to be houses for rent. He stated this made them feel differently. He said he wanted to make sure that the elevations of this property do not slope to the west because there may be drainage problems. Mayor Lund asked if Mr. Stanke had spoken to staff about the drainage problem. Mr. Stanke replied that they had addressed it w-ith Medtronics engineerin' staff and they put in an oversized culvert to handle water Councilmember Barnette asked about the detention pond and if it �vas designed to run out onto Norton Creek, onto the cul-de-sac or into the storm sewer to the east. Mr. Haukaas, Public Works Director, stated that was the existing drainage pattem for that area. The development would not significantly change that drainaae. i�1r. Stanke said he wanted to make sure. Councilmember Wolfe said one of the stipulations said that grading and drainage plans should be submitted to City Engineering staff prior to the issuance of a building permit. Mr. Haukaas replied that they would review the grading and drainage plan. All their calculations aze based on the conditions as they exist today. It is not meant to go back and remedy past problems. He said that Nortin Creek did serve a large azea and the pipe that was installed for the Medtronic entrance was sized based on the creek, not for any other improvements adjacent to it. Changes in runoff aze dealt with at the time of redevelopment Mr. Stanke asked if it would make a difference if they were owned or rented. Councilmember Billings asked Mr. Stanke if the current owner of the property moved some dirt around before or after the Medtronic project. N1r. Stanke replied after. � FRIDLEY CITY COLniCIL yIEETI�iG OF vI�RCH 3,2003 P�GE 11 Councilmzmber Billinas said land alteration oermits Qo throuQh both the City Engineerina and Communitv Development Departments. F-Ie asked staff if an� land alteration permits �ti�ere obtained bv the existinQ propemr owner. �Ir. I-�aukaas said he did not remember one separate from the ?�Iedtronic development. Councilmember BillinQs stated he thou,ht this needed to be addressed. �tr. Haukaas replied they� would look at it, but without kno�vled�e or w�hat w�as there other than peoples' memories, it would be very difficult. Councilmember Billin�s stated �Ir. Stanke may have other remedies. Mr. Stanke stated if there w�as aoing to be a new development, they better meet the requirements of the land elevations and he �could like to have it looked at. Councilmember Barnette asked if all of the property alon� Norton Avenue with the exception of 1152 is currently zoned R-3. �1r. Bolin replied that it was. Councilmember Barnette said that 1170 was a single-family dwellina but was zoned R-3. He asked why. Mr. Bolin replied that the R-3 district was created around 1969. It allowed the R-2 district to have only sinole-family and two-family homes. The entire neiahborhood was zoned R-3. Councilmember Bamette asked if 1170 was cunently R-3. Mr. Bolin replied that it was. Councilmember Barnette asked if the developer and wanted to build a four-plex on 1170, he would have a right to build a multiple dwelling on 1170. i�Ir. Bolin stated he would have that right, but he would still need to meet the land area requirements. Councilmember Barnette asked if a developer could come in and put townhomes in that area since it was already zoned R-3. Mr. Bolin replied it was possible. i�1s. Cindy �label, 1214 Norton, said she had spoken with the owner of 1163. He said he had already been in contact with v1r. Juaire and told him he would sell after July. The owner of 117� had also been contacted. His house was vacant now and he was anxious to sell. She wanted to know if they should be plannina for the whole project no�v and considering the impact on the FRIDLEY CITY COL�ICIL vfEETI�iG OF NLaRCH 3,2003 PAGE 12 � neiQhborhood. She also said there �L-as a problem �L�ith the map in that 7103 w'as not listed. That is owned by Harstad. Karen Soren�on wTote a statement that she was contacted by �Ir. Juaire and was told that these to�Lnhouses �ti�ere �oina to be tor salz, for peopte to buy them, not to rent. �Is. Sorenson ��as unable to come to the meetinv and asked that this be submitted. She said she had a petition to submit also. � �IOTIO�+ bv Councilmember w"olfe to receive the petition and the letter from Karen Sorenson. Seconded by� Councilmember Barnette. L'PON a vOICE �'OTE, ALL vOTING A�C"E, �IAYOR LL"ND DECL�RED THE �IOTIOr CARRIED iJN�rII�IOtiSLY. �Is. �Iabel said that there are many trees in the area and at the Planning Commission meeting 1�Ir. Juaire said there would be only sis left. She stated that she was also concerned about pazking. If the only parking available was in the garages and on space directly in front of the garage, people would be parking on the street. They already have a pazkina problem. She also worried about the safety of the children in the area with the extra traffic. She said she was not against rental property, but wanted to see the development be consistent with what was already in the area, and that was double bungalo�vs. Councilmember Wolfe asked if staff knew of all of the buildings that were potentially going to be in that area to prepare for the extra runoff. 1�1r. Haukaas replied that they could not do much with speculation. He said they have heazd the same thing, but without actual plans and movement by the property owner or potential owner to do something, there was nothinD they could act on. Mayor Lund asked if the petitioner would come forwazd. Mr. 1�lichael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, owner of PN1J Group, stated that he had a contractual arrangement with 1152 and 1170. Councilmember Wolfe said he would like Mr. Juaire to answer some of the residents' questions. Mr. Juaire stated with respect to the issue of for sale versus for rent, his business was rental property. He built rental property and retained it. He did not sell it and was not an absentee landlord. He said the properties were in excellent shape, excellent condition and maintained well. He said he did a thorough job of screening of tenants. This was the first property that he was planning for construction. It was being replatted for the ability to sell. He said they would be platted �vith the ability to sell. He said they were planning that within a five-year time frame. He said it �vas their intention for the units to initially be rentals. After a four to five year time frame, they would be sold individually. That was why they were being platted individually. He stated that Mr. Stanke did bring up the drainage issue with him, and he said he would talk to Mr. Stanke more about the issue. He said if there were particular issues that needed to be addressed, he would like to know. He said that 2 % to 3 inch trees �vill be added to replace those taken. - FRIDLEY CITY COITr"CIL �IEETING OF �IARCH 3,2003 PAGE 13 With respect to parkin„ the r�esiQn wen[ bevond the requirements. There were two covered and non-covered parkinv spots per unit. for a total of 16 spaces. �Iavor Lund asked if he �vas a�ti�are of anv land or soil movemznt on the propem�. �1r. Juaire replied that he was not. The o�vner did tell him that he put a timber retaininQ �L-all on the west end of the progerty. �Iay�or Lun� asked :�ttorne�� Knaak if the Council had any authority to restrict zoning baszd on ow�nership �-ersus rental properties. Attorney Knaack replied the Council did not. Councilmember Billinss asked w-hat the square foota�e of the units was. NIr. Juaire replied 1,700 square feet. Councilmember Billin�s asked him if he had any ballpazk idea of what the rent would be. �1r. Juaire said around $1,2�0. Councilmember Billinas asked hotiv many bedrooms would be in each unit. Mr. Juaire said there would be three bedrooms and two and one-half bathrooms. Councilmember Billings asked what kind of income would people need to have in order to afford the $1,250 rent. Mr. Juaire said he believe it�r•as a minimum of three times that amount per month. Councilmember Billings replied, so he was looking at a household income of about $40,000 a year or more in order to be able to justify paying the kind of rent he was planning on charging. Mr. Juaire said he was interested in doing a similar project at 1163 and 1175. He said the owners have not committed to sell at this point. Councilmember Billings asked if he and his engineer had made any considerations to the present site that would include the possibility of acquiring the additional properties. Mr. Juaire replied it was discussed but there were too many unknowns. Councilmember Barnette asked how much a unit would sell for. �ir. Juaire stated �170,000. Nlayor Lund asked about traffic counts. — FRIDLEY CITY COU�(CIL �IEETI�iG OF i�I.�RCH 3, 2003 PAGE 1-t �Ir. Haukaas reptied there w�ere no traffic counts for Norton Avenue. There w�ould be inereased traffic but he thouvht the road could handle it. �1s. Pam Re��notds. 1'_-�1 Lorton, said that �vith respect to the rezonina, she revie�ved the Comprzhensi��e Plan. She did find that there �vas a NoRon Creek repair project slated bet�veen ?00� and 200�. �Ir. Juaire can build, and it w�ill increase traffic. V��hen she read the Comprehensive Plan under zonina issues, it said changes should be carefully considered to ensure that the proposal did not adversely impact neighborhoods, community character, or set � undesirable precedent. Lookina at that statement, it this area �vas rezoned there would be 3 units. �Ir. Juaire �cill possibly- obtain another 3 or 1? more. It would chanae their nei�hborhood drasticallv. She said she thouQht there were better thin�s the property could be used for. ti1s. Reynolds said the other thin� the Comprehensive Plan discussed was that it was the Petitioner's responsibility to prove the proposal was within the interest of the community and within the spirit of the plan. �tr. Juaire spoke about his vision at the Plannin� Commission and said it was an upscale, hi�h-end project, and he hoped to attract young professionals. She said most young professionals she kne�v were paying $9�0 at the most and were tryin� to save to buy a house of there o�vn. She said she did not kno�v of many professionals who w�ould want to live adjacent to a railroad yard, hiQh power lines, a highway and a parking lot of a larQe employer. She said it was not consistent w7th the neighborhood. Considering the location, she did not think it �vould attract youn� professionals. Instead, she thought it �vould attract multiple renters and a lot of traffic. Ms. Reynolds said she had one other item to discuss. She asked how much disruption would be caused in the neighborhood while the project was being constructed. She asked who was goin� to take caze of the maintenance of the properties. She said she was concerned about the safety of the children during construction of the units. She said she thouQht Council and the Planning Commission should look at this again and really think hard about what there �vere doing to the neighborhood. Mr. Juaire stated professionals were interested in the properties. He said he agreed with the Planning Commission in that this was a nice looking building that would be an asset to the azea. With respect to the Watershed District, he submitted a request over a month ago. They have gone through a review. There was a minor change that needed to be made by the engineer and it has been resubmitted. He expected a permit to be issued within a week. With respect to hours of construction he thought the ordinance said around 7:00 a.m. to 6:00 p.m. Councilmember Wolfe stated the ordinance changed to 9:00 a.m. on weekends. Ms. Leanne Prater, 1215 Norton, said she was concerned �vith how large the project was and what it would do to the neighborhood. She said it�vould add people and more traffic. She asked what all the heavy traffic and truck traffic would do to their street. The road already needed some repairs. She w•as also concemed about parking. If they could not park on the cul-de-sac, they �vould park on the streets. She �vas concerned that this would set a precedent for the property at 117� and 1163. She said she �vas concerned �vith the number of renters in the area. She w�as also concerned about the pond and the problem it could possibly cause for young - FRIDLEY CITY COUNCIL �IEETIVG OF �L�RCH 3, 2003 PAGE 1� children. Sne said she w�ould like a fence put up around the pond. She said it was a nice neiQhbor:�ood ar:d this project ��-ould definitelv chanQe the dvnamics of the neiQhborhood. Councilmember Biilinvs asked �.�hat 1 l�� as cur.entl�� zoned. LIr. Botin replied it �vas zoned �1-1. Counciimember Billini7s asked �vhat cou!d be put in an �I-1 district. �1r. Bo1in said there �vere a number of diffzrent liQht industrial uses. Anythina could be put in that did not invotve outdoor storaQe or manipulation of�oods or products. � Councilmember Billin�s stated if they did not rezone 11�2 and access to 1 I�2 was from Norton Avenue the property could be bought for li�ht industrial use and there could be traffic brin�ina in goods and taking �oods out. � �1r. Bolin stated that was correct. Councilmember Billings asked about traffic patterns in an i�1-1 district. 1�1r. Bolin said there �ti-as more traffic from industrial and commercial users durin� the daytime hours than there w-ould be from residential users. Ms. Reynolds said there was a problem with the zoning map. According to the map they received from City Hall their neighborhood was C-1, w�hich was local business. She stated that at the Planning Commission meeting, they had no idea why it was M-1. It was corrected but not until she asked. �1r. Bolin replied that this map was an otd version. It was corrected a couple of years ago, and this map should have been destroyed. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:50 P.M. OLD BUSINESS: 8. VARIANCE REQUEST, VAR # 3-04, BY TIMOTHY MILLER, TO REDUCE THE FRONT YARD SETBACK GENERALLY LOCATED AT 591 DOVER STREET N.E. (WARD 3) (TABLEI�FEBRUARY 24,2003). Mr. Bolin, Planning Coordinator, stated the petiti ner was Timothy �Iiller, the property o��ner of �91 Dover. �1r. Miller �vas seeking two variances at would allow for the reduction of the front yard setback at his residence located at �91 Dover treet. T`he first variance was to reduce the FRIDLEY CITY COLiYCIL NIEETING OF MARCH 3, 2003 PAGE 16 ; front yard setback from ?9 feet to 18.2 feet. This ��ould recoanize the existing non-confocmity-. the existin� placement of his home. The second variance request w-ould be to reduce the front vard setback rrom '9 feet do�vn to 10 feet to accommodate proposed construction of an open co�-ered porch on the �vest side of his home. He `said the Apoeals Commission recommended approval of the front ��ard set back variance to reco�nize the existing non-conformit�-. The variance simply recognized the pre-existina conditi'on.y Approvina the variance �vould not set a precedent for undevetoped lots in the future. W'ith''_respect to the second variance request the appeals Com*nission recommen�ed denial. �io sim�lar variances have been �ranted in the past, an alternative option did exist, and there did not appear to be undue hardship. Stafi recommended concurrence with the Appeals Commis�ion. � �Ir. T'imoth�� [iller, �91 Dover Street, stated the porch issue �vas discussed at the Appeals Commission meetin�. i` t Councilmember Wolfe asked ho�v he felt about the deci�ion. � �1r. 1�liller said it would have been nice if it was approved. , ti10TION by Councilmember Barnette to remove this �item from the table. Seconded by Councilmember VV'olfe. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE i�IOTION CARRIED ITiYA1�tIMOUSLY. Mr. Miller stated that he did not think there was anything more he could do to get it approved. He said they mentioned something about changing the address; and he did not want to pursue that option. He would like to leave everything the way it was and get the setbacks taken care of. MOTION by Councilmember Barnett to approve the front yard setback variance request recognizing an existing non-conformity. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR L �UND DECLARED THE MOTION CARRIED UNAi1�IIMOUSLY. > MOTION by Councilmember Barnett to deny the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LIJND DECLARED THE MOTION CARRIED UNAMIMOUSLY. NEW BUSINESS: 9. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, l�1INNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-1, BY NIICHAEL .TL�;AIRE, TO FRIDLEY CITY COL`�iCIL �IEETING OF �L-�RCH 3, 2003 PAGE 17 REZO�E PROPERT�C' FRO�I � 1, LIGH"I' INDtiSTRI�L, T'O R-3, GENERAL �IL'"LTIPLE L�iITS, GE�iE LY' LOC:�TED aT 11�2 NORTON AVE�iL'E r.E.) (ti�":�RD 3). �IOTIO� b�� Councilmember ��'61fe to �ti-ai��e the readin� and approve the ordinance on tirst reading. Seconded bv Council mber Billinas. liPOr A VOICE �'OT , :�LL VOTI�iG AY'E, 1�IaYOR LL':YD DECLARED THE �IOTIO�i CARRIED t;,"�l�IIl�IOUSLY. 10. PRELI�IIr aRY� PL�T REQUEST, PS #03-01, BY" �QCH�EL JI;AIRE, TO REPL�T PROPERT�c' FOR A TO`��HOvIE DEVELOP�IENT, GENER.aLL�c' LOCATED :�T ll�2 AND 1170 NORTON AVENUE N.E. (WARD 2). NIOTION by Councilmember Wolfe to approve Preliminary Plat Request, PS #03-01 �v�th the � a followin� stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be revie�ved and approved by City staff prior to issuance of a buildin� pertnit. 2. A landscape plan for the pondin� area, in lieu of fencing to be review-ed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and a roved by City staff rior to issuance of a building permit. PP P 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The se�ver connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staf�s specifications. 10. A 12-foot utility and draina�e easement shall be granted alonQ the entire southern edge of the property prior to final plat. __ _ _ _ FRIDLEY' CITY COL�iCIL I�IEETI�IG OF �IARCH 3, 2003 PAGE 13 1 l. A ��-foot easement from the centerline of Norton Creek on the w-est �ide of the propert`- sha(1 bz aranted prior to tinal plat. 1�. The par'.�cin�T tot shall be constructed to code standards. li. �ll eiements of the buiidin� shall meet the cunent buildin� code and be approved by the Cit�� BuildinQ Official. 1-�. The petit:oner shall pay applicab(e park dedication fee of �1,�00 per unit prior to t::e issuar_ce of any buildin, permits. l�. Thz tire turn around shall be re-desianed to meet the Citv's Fire Department standards. 16. The dricew-ay and fire turn around shall be desianed to 9-ton standards. 17. The fire turn around shall be posted, "No Parkin� Fire Lane." 18. The size of the landscape islands shall be reduced by S feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek VVatershed District requirements prior to issuance of a buildin� permit. 20. Provide proof that any eYisting wells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development Aareement outlining the Developer's oblijation to install utilities, etc., w�ill be prepared by the City and shall be si�ned by the Petitioner prior to final plat appro��al. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. 10A. ORDINANCE AMENDINC� CHAPTER 6 OF THE FRIDLEY CITY CODE AMEi�1DING MEMBERSHIP��OF THE PLANNING COMMISSION FROM TWO MENIBERS-AT-LARGE TO T�IREE MEMBERS-AT-LARGE. MOTION by Councilmember Barnett to ive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING YE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIl�IOUSLY. A� �� oc� - � - v3 S `3 City of Fridley (Official Publication) ORDINANCE NO.117q 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 1. Appendix D of the Fridley City Code is amended hereinafter as indicat- ed,and is hereby subject to the stipulations as shown in Attachment 7. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The West 284 feet of Lot 11, Auditors Subdivision No.83,except the West 115 feet thereof, together with that certain easement Page9491 faccord ntgbo the dul B eCorded plat thereof. Is hereby designated to be in the Zoned District M-1(Light industrial). A m m t a�or is direct dhtotch nge he offi�- cial zoning map to show said tract or area to be rezoned from Zoned District M-1 (Light Industrial)to R-3(Multi-Famify). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MARCH,2003. SCOTT J.LUND—MAYOR ATTEST: DEBRA A.SKOGEN—CITY CLERK Public Hearing: March 3,2003 First Reading: March 3,2003 Second Reading: March 24,2003 Publication: April 3,2003 (Apr 3,2003)F2/Ord 1174 ORDINANCE NO. 1174 ORDINANCE TO A1�1END THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA BY NIAHING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment l. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The West 284 feet of Lot 1 l, Auditors Subdivision No. 83, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 491, according to the duly recorded plat thereof. Is hereby designated to be in the Zoned District M-1 (Light Industrial). SE CTION 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 M-1 (Light Industrial) to R-3 (Multi-Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MARCH, 2003. SC T J. UND— AYOR ATTEST: � � � �'✓t; l�. i i,' ��-z- ,�� DEBRA A. SKOGEN— TY CLERK Public Hearing: March 3, 2003 First Reading: March 3, 2003 Second Reading: March 24, 2003 Publication: Apri13, 2003 . _. Ordinance No. 1174 Page 2 Attachment 1 l. The final landscape plan shall meet code requirements for number of and sizes of plantin�s and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencin�, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a buildin� permit. 4. All landscaped areas shall have irrigation installed. �. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineerin� stafFs specifications. 10. A 12 foot utility and drainaje easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement &om the centerline of Norton Creek on the west side of the property shall be ganted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All eiements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The Fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. r . � � _ _ Ct1YOF FR[DLE,Y FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY, MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE March 27, 2003 Michael Juaire PO Box 43243 Brooklyn Park, MN 55443 Dear Mr. Juaire: On March 27, 2003, the Fridley City Council officially approved your request for a rezoning, ZOA #03-01, Ordinance #, to rezone property from M-1, Light Industrial to R- 3, Multi-Family to allow for the construction of an 8-unit town home development, legally described as Lot 11, Auditors Subdivision 89, generally located at 1152 Norton Avenue. Approval of this rezoning is contingent upon the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 1 � � - � Action Taken Letter- Juaire Rezoning Page 2 March 27, 2003 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park de�ication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Pr�vide praof#"at a�y existi�g w��!!s or iridiv�:�u�E s��a�� r�s�ment syst�ms located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. If you have any questions regarding the above action, please call me at 763-572-3590. Sincer y, � _ �� ,c t Hicko , AICP Community Development Director SH/jt cc: Address File Rezoning File Albert Marcil — 1152 Norton Ave. Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by April 7, 2003. Co cur with ac 'o taken. C-03-40 ' ' e �Q�t /�.-..30-�,y- 3 /- ��.� STATE OF MINNESOTA ) �� CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Rezoning, ZOA#03-01 Owner: Albert L. Marcil The above entitled matter came before the City Council of the City of Fridley and was heard on the 24th day of March, 2003, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To rezone property from M-1, Light Industrial, to R-3, General Multiple Units to accommodate a townhome development, legally described as the east 169 feet of west 284 feet of Lot 11, Auditor's Subdivision No. 89, subject to easement of record, generally located at 1152 Norton Avenue NE. IT IS ORDERED that a rezoning be granted as upon the following conditions or reasons: Approval with 21 stipulations. See City Council meeting minutes of March 24, 2003, & March 3, 2003. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 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��day of ,5�.,��,,�,L•z: , 2003. DRAFTED BY: A City of Fridley ' � 6431 University Avenue N.E. � e:� �2 Fridley, MN 55432 Debra A. Skogen, Cit Clerk -a' � � .. � . . . 4�.. �V . � , a; �S�A,L) 3 t„ c� ,,`, r , y.� r � � 1..-I •,F+ f�x ��•, �:. .. . . °i�� '�,4��° . t 1 4.� < FRIDLEY CITY COUNCIL NIEETING OF MARCH 24, 2003 PAGE 2 OLD BUSINESS: l. ORDINANCE NO. 1173 Ai�IENDIN CHAPTER 6 OF THE FRIDLEY CITY CODE AVTEiVDING THE 1VIEMBE SHIP OF THE PLANNING COMVIISSION. Dr. Burns, City Vlanager, stated thi ordinance amended the membership of the Plannin� Commission from t�vo at-lar�e me bers to three. The first reading was held on March 3. Staff recommended Council's ap roval. WAIVED THE READING A D ADOPTED URDINANCE NO. 1173 O\7 SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE NO. 1174 TO AMEND THE CIT� �O�F. �F THE CIT�' l�F FRIDLEY, MINNESOTA, BY MAKING A C��A�i(:.��' Ird 7fJNING DISTRICTS (REZONING REQUEST, ZOA #03-01, BY I��I(.:H�EL JUAIRE, TO REZ�NE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO R-3, GENERAL MULTIPLE UNITS, GENERALLY LOCATED AT 1152 NORTON AVENUE N.E.) (WARD 2) Dr. Burns, City Manager, stated the petitioner, Michael Iiz�.ire, was asking for the rezoning in order to build an 8-unit apartment buildinJ ai this location. The public hearing and the first reading for this action were heard at Council's March 3 meeting. Staff recommended approval of the second and final reading of this orciinance with the fol?owing 21 stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a buildinD permit. 2. A landscape plan for the ponding area, in lieu of fencing to be reviewed and approvecl by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be loca.ted near cul-de-sac. , NtINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 2a, 2003 The Regular �Ieeting of the Fridley City Council was calle to order by Mayor Lund at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Ple ae of Allegiance to the Flag. ROLL CALL: NIEMBERS PRESENT: Mayor Lund, C uncilmember Barnette, Councilmember Bolkcom, Councilmemb Billings, and Councilmember Wolfe. MEMBERS ABSENT: None. OTHERS PRESENT: William . Burns, City Manager Scott Hi ok, Community Development Director Jon Ha kaas, Public Works Director Fritz aack, City Attorney PRESENTATION OF PLAQU TO FIRE CHIEF: Mayor Lund presented a plaqu to former Fire Chief Chuck McKusick. Mr. McKusick worked for the City for over 34 y ars, from December 1, 1968, through March 21, 2003. He congratulated him on his ma years of service. Mr. McKusick thanked th ayor. Mr. Denny Fredrickson, ce Solid Waste, presented a check in the amount of$830 to the City of Fridley for the parks i the City. He said Ace Solid Waste liked to give something back to the communities they wor ed in. Ace contributed $5 per new customer. Mayor Lund thanke Mr. Fredrickson and Ace Solid Waste for the check. He said it would be used for replaceme t of picnic tables and benches needed at various City parks. APPROVAL O MINUTES: City C uncil Meeting of February 24, 2003. APP OVED. Ci Council Meeting of March 3, 2003. PROVED. , FRIDLEY CITY COUNCIL MEETING OF MARCH 24,2003 PAGE 3 9. Si�c-inch watermain to be looped according to City en�ineering staff s specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 2�-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to tinal plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,�00 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shail be reduced by � ieet ir� order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development Agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1174 ON SECOND READING AND ORDERED PUBLICATION. , 3. ORDINANCE NO. 1175 DER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN AL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE HEREOF GENERALLY LOCATED IN THE RIGHT-OF-WAY SOUTH OF 5 1 FIFTH STREET N.E. ARD 1 . Dr. Burns, City Manager, stated the 3,3 .l square foot parcel would be sold to Sylvester Builders Incorporated for $1 per foot. T property was once o�rned by MnDOT and - F1tIDLEY CITY COUNCIL �IEETING OF MARCH 24, 2003 PAGE -t a , considere part of the I-694 riaht-of-way. It was later returned back to the Cit��. Since the prope y by itself was not buildable, staff recommended that it be deciared surplus and sold su ject to the followina conditions: � � 1. Purchaser c ver all filing fees associated with transaction. 2. Purchaser pro �de a guarantee of clean title. 3. Parcel be combi ed with Purchaser's existing property. 4. Purchaser prepare quit claim deed. �. Purchaser provide the new legal description of the property to the City-. 6. City must approve archi ectural elevations of any buildings to be construct�d on the combination of lots prior Q issuance of any building permits. 7. The sale shall be effective July 1, 2003. � WAIVED THE READING AN ADOPTED ORDINANCE NO. 1175 ON SECOND READING AND ORDERED PU LICATION. NEW BUSINESS: 4. RECEIVE THE MINUTES OF TH PLANI�TNG CO�I�ISSI(��'d i�'i�ET3�ti�G �F' MARCH 5,2003. RECEIVED. 5. RESOLUTION NO. 16-2003 REQUESTIN MUNICIPAL STATE A7D SYSTEM CONSTRUCTION FUNDS FOR OTHER L CAL USE. Dr. Burns, City Manager, stated the City was req sting the release of funds to support its 2003 street reconstruction project. Staff recomm nded Council's approval. ADOPTED RESOLUTION NO. 16-2003. 6. RECEIVE BIDS AND AWARD CONTRA T FUR, THE 2003 MISCELLANEOUS CONCRETE REPAIR PROJECT O. 351. Dr. Burns, City Manager, stated the low bid was submitt d by Creative Cur.b of Watkins, Minnesota, in the amount of $73,387.50. The pr 'ect included remedial sidewalk repair, repair of concrete streets, and replacement of �concrete curb due to utility repairs or driveway entrance permits. Staff recommended�that Council receive the bids and award the contract for the 2003 Miscellaneous Concrete Repair Project No. 351 to the low bidder, Creative Curb. ORDINANCE NO. 1174 ORDINANCE TO ANIEND THE CITY CODE OF THE CITY OF FRIDLEY, NIINNESOTA BY NIAHING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The West 284 feet of Lot 1 l, Auditors Subdivision No. 83, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 491, according to the duly recorded plat thereof. Is hereby designated to be in the Zoned District M-1 (Light Industrial). SE CTION 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 M-1 (Light Industrial) to R-3 (Multi-Fa,-nily). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MARCH, 2003. SC T J. LTND— AYOR ATTEST: � � � l i�,%�� .�i�-t ,��. DEBRA A. SKOGEN— TY CLERK Public Hearing: March 3, 2003 First Reading: March 3, 2003 Second Reading: March 24, 2003 Publication: April 3, 2003 Ordinance No. 117d Page 2 attachment 1 l. The final landscape plan shall meet code requirements for number of and sizes of plantin�s and be reviewed and approved by City staffprior to issuance of a building permit. 2. A landscape plan for the pondin� area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance a�eement shall be filed with the City prior to issuance of a buildin�permit. 4. All landscaped areas shall have irri�ation installed. �. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering stafes specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the cunent building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. FRIDLE1c' CIT�c' COL�iCIL �IEETI�iG OF 1�I_�RCH 3, ?003 P�GE 16 tror.[ vard s:.�back trom �9 f��: to 13.� tz�t. This ��ould reco�nize �'�e zristinv non-confocmit�-. t;;� ��cist;n�J e(ace.�.zr.t oE his �ome. Thz szcond �-arianc:. r��uzst would be to reduce the front �a:d sz.bac'< tror;. �� t��t �:o�L-: to t!) t�et to accor.unodate DCO�nSz'� cor.struction ot an opzn co��red ^orc� or: t:;e ��st ;;�:e ot his homz. E-{z said the .-�rce3ls Comr+.ission cecom.men�'zd ;1CCC0�'ai Oi i::Z ii011C �3IC: S�: baC� �1I'13I1�� CO C:.COQRIZ� C�''i� :.`�1�iiI1Q ror-conformit��. Tt:Z var�anc:, simpl;� r�covnized �..z pre-z�cistina condition.�_�ppro4-inv the ��ariance �vould not set a pr�c�denc tor unuz��loped i�t� in thz tutur;.. �`�ith r�spect to the szcond �ariaace r�quest tnz --�rrea!s Co::�:niss:on -ecor.��r:e.^.ded d�:ual. �io simi!a.* vs.�i:r:c�s r�v� bee^ Rranted i.^. the past, a.� altemati�e option did e:�;st, and there did not appzsr to bz undue hardship. Sta�i recommendzd concurr:.ncz �.�it:� thz �ppzals Commi�sion. �Ir. Timotn�� filler. �9i Do��r Str:.�t, statzd the porch issu� ��as discussed at the �ppeals Commission meetin�. Councilmember W'olfe asked ho�v he felt about the decision. �fr. �Iiller said it would have been nice if it was approved. �tOTIOv by Councilmember Barnette to remove this item from the tabte. Seconded by Councilmember ��'o(fe. L�ON A �'OICE �'OTE, �L.L VOTIrG AYE, �LaYOR LL'r� DECLARED THE �IOTIOr C:�RRIED U�i�rIl�IOtiSLY'. �Ir. Miller stated that he did not think there was anything more he could do to �et it a�proved. He said they mentioned somethin' about changin' the address, and he did not want to pursue that option. He �vould like to leave everything the way it was and aet the setbacks taken care of. �10TION bv Councilmember Barnett to approve the front yard setback variance request recognizin� an esisting non-conformity. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTIi�1G AYE, MAYOR LUND DECLA.RED THE MOTION CARRIED UNA��1Iv10USLY. MOTION by Councilmember Barnett to deny the front yard setback request to reduce the &ont yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, vIAYOR LUND DECLARED THE MOTION CARRIED iJP1Ai�IIl�IOUSLY. NEW BUSIVESS: 9. FIRST READING OF AN ORDINANCE TO Al�1END THE CITY CODE QF THE CITY OF FRIDLE�C', l�1IN�IESOTA, BY �1.4KING A CHA`GE IN ZONI�iG DISTRICTS (REZO�IrG REQUEST, ZOa #03-1, BY �IICHAEL JUAIRE, TO -- FRIDLEY' CIT�C" COL�iCIL �IEETI�iG OF �1.-�RCH 3, 2003 PAGE 17 REZO�E PROPERT�� FRO�I _�i-1. LIGHT I�iDL�STRI�,L. TO R-3, GE`r-ER-�L �iL�LTIPLE t�ITS. GE�ER�LL�C� LOCaTED aT il�? tiORTi�r �`'E�1-E �.E.) (�ti.aRD 31. �fOTIO� b,. C��:;-.cilr:�z�-�.;,z: �,�,oii� to ��ai:� t"z -�adi::J �r.� appr�� ti�!� �rdinanc� or :irs� readinv. Szcon�e�� o�� Courcilrnzmber Billinvs. L�PO� :� `"OICE ti�OTE. aLL �"OTItiG ��C"E, I�I�Y'OR LL��D DECL�RED THE �IOTIO� C:�RRIED Lr_�tiiI�10L'SL�C�. 10. PRELIti1Ir aR�C' PL:�T' REQL-EST, PS #03-01, B�C' tiIICH.-�EL JL-�II�E, TO REPLaT PROPERT�C� FOR a TO��HO�iE DE��LOPti1E�iT, GE�iERaI.L�" LOC:�TED aT ll�2 :��D 1170 rORTON ��`ENL� N.E. (tiV�RD 2). MOTION by- Councilmember ��'olfe to approve Prelir:zinary Plat Request, PS #t�;-01 with the followin� stipulations: l. The final landscape plan shall meet code requirements for number of and sizes of plantin�7s and be revie�ved and approced by� Cin� st�ff prior to issuance of a buildin� permit. ?. A landscape plan for the ponding azea, in lieu of fencina to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance a�reement shall be filed �L-ith the Cirv prior to issuance of a buildin� permit. �. All landscaped areas shall have irri�ation installed. �. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other extemal building materials to be review-ed and approved by City stafFprior to issuance of a building pemut. 7. A gradin� and drainage plan shall be submitted aztd approved by the City's engineering staff prior to issuance of a building permit. 8. The se�ver connection shall be located near cul-de-sac. 9. SiY inch �vatermain to the looped according to City engineering staff s specifications. 10. A 12-Toot utility and draina�e easement shall be aranted alonQ the entire southern edae of the propem� prior to tinal plat. � � � FRIDLEY CITY" COL�CIL �IEETING OF �I_aRCH 3, 2003 PAGE 7 CPO�i :� `-OICE `'OTE. :�LL'`OTI�iG :��c"E, �I_-�YOR LL�iD DECL:�RED �THE PL"BLIC HE�RIrG CLOSED �T 8:22 P.I�I. 7. CO`SIDERaTIO� OF ar ORDIr arCE TO a�IE�D CITY' CODE OF THE CIT�c' OF FRIDLEY, �IINNESOTA, B�' �I.�ItING :� CH.�rGE I� ZO�tI�G DISTRICTS (REZO�IrG REQtiEST, ZOa #03-01, BY MICH��EL Jti�1IRE, TO REZOrE PROPERT�� FRO�I �I-1, LIGHT INDLSTRIAL, T'O R-3, GE�iER-�I. �ItiLTIPLE I;NITS, GE�ERaLL�i" LOCaTED �T 11�2 rORTO� :�VE\L�E �.E.� ��vauv 2). 7:�. CONSIDERATIO� OF`,�pPR 'I�1G P�2ELI�IINARY PLaT REQtiEST, PS #03- O1, BY �IICH�EL JL�:�� ,-�, TO REPLAT PROPERTY FOR A TOWNHO�IE DEVELOPvIErT, GENE;�2.-�LLY' LOCATED AT ll�2 �rD 1170 NORTOti AVENtiE N.E. (`VARD ). '\ �fOTION by Councilmember w'olfe to open the public hearings. Seconded by Councilmember Barnette. liP0�1 A VOICE VOTE, ALL VOTING AY"E, l�[.aYOR LtiND DECLARED THE PUBLIC HEARING OPE�iED AT 8:23 P.M. �1r. Bolin, Planning Coordinator, stated this �cas a public hearing on a rezoning request and plat request. The petitioner �vas �Iichael Juaire of P�1J Group, Inc. Mr. Juaire requested ta rezone the prap�rty located at 11�? Norto:� A�enue from M-1, Li�ht Industrial, to R-3, Multi-Family. The petitioner also requested to replat both 1152 and 1170 Norton Avenue to allow for '�t�.e construction of an 8-unit townhome development. With respect to the rezoning request, 11�2 Norton was zoned light industrial and the existina land used as a single-family home. The existin� land use �vas not consistent w�ith the existing zonin� designation. Rezonin; this property would be an estension of the eYisting R-3 zonin� classification, as the entire Norton Avenue block is zoned R-3, Multi-Family. He said the petitioner owned property 1170 Norton Avenue and had proposed that those tw�o lots be combined and replatted for the 8 townhome units. Mx. Bolin stated that the City's zoning ordinance and zoning map are the mechanisms that help the City achieve the vision laid out in the City's Comprehensive Plan. The law gave the City the authority to rezone property from one designated use to another as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan designated the 2020 future land use of this property as being in a redevelopment area. Mr. Bolin said the Planning Commission recommended approval of the rezoning request on a 3 to 1 vote w-ith nineteen stipulations. The proposed rezoning is an extension of the existing R-3 zoning district, and the rezoning would be consistent with the Comprehensive Plan. City staff recommended concunence �vith the Plannin� Commission with the following stipulations: 1. The tinal landscape plan shail meet code requirements for number of and sizes of plantinas and be re��ie��ed and appro��ed by City staff prior to issuance of a buildina permit. FRIDLEY CITY COTJNCIL �IEETING OF �IARCH 3, 2003 PAGE 8 ' 2. ?� landscape plan for the ponding area, in lieu of fencin� to be reviewed and approved by City staff prior to issuance of a buildin�7 permit. y 3. .a storm pond maintenance a,reement shall be f led ti�-ith the Citv priur to issuance of a buildina permit. 4. All landscaped areas shall have imQation installed. �. The proposed walkw'ay shall be concrete. 6. Brick type and application on elevations and other erternal buildina materials to be reviewed and approved by City staff prior to issuance of a buildina permit. 7. A gradin� and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 3. The sewer connection shall be located near cul-de-sac. 9. Sis inch watermain to the looped according to City engineering staffs specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern ed;e of the property prior to final plat. 11. A 25-foot easement from the centerline of NortLn Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the cunent building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire tum around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a buildinQ permit. � FRIDLEY CITY COL�iCIL vIEETI�tG OF NIARCH 3, 2003 PAGE 9 �'0. Provide proef that anv existing w-ells or individual sew-aQe treatment systems located on the site are properw� capped or removed. �1. :� Development :��`r�ement outlinin�? the Developer's obii�_7ation to install utilities, etc.. �L�ill be prepared by� the City and shall be sianed by the Petitioner prior to tinal plat approvaL � �Ir. Bolin said that with re�pect to the preliminary- plat, the proposed townhome der�elopment met all the lot size, setback, lot covera�e, and parking requirements. He said there were 9 lots. Each to�vnhome had a lot and the ninth lot would be the common property. The Plannina Commission revie�ved the preliminary plat request and unanimouslv approved it with nineteen stipulations. City staff recommended concurrence with the Planning Commission and recommended the addition of rivo stipulations. Councilmember Wolfe asked about the number of stipulations. L1r. Bolin replied that the majority of the stipulations were code requirements, City policies, or State statutes, and were put into stipulation format so there would be no questions that they needed to be followed. Councilmember Billings asked if 1152 was a landlocked parcel or if it was across from another street. iv1r. Bolin replied there was a 12-foot wide easernent tha� weZt across 1170 into 1152. There are eristing homes on 1152 and 1170. Councilmember Billinas asked about the parcel that was immediately north of 11�2 and 7090 and south of 71�1. y �1r. Bolin replied he believed that Harstad Companies was located there and Mobile Home Sales was located to the north of that. Councilmember Billings asked what 7151 and the unidentified piece were zoned. Mayor Lund asked how the creek divided the property. Mr. Bolin replied that there was an easement across the northwest corner of the property. He said the Rice Creek Watershed District was reviewing this plan. They have requested easements to protect the edge of the creek. City Engineering staff requested a 25-foot easement from the center of the creek, so they do not have anything impacting the creek. Mayor Lund asked about the pond on the property that was mentioned in the stipulations. �Ir. Bolin said there �vas a pond proposed for the north edge of the property. Petitioner proposed puttinQ a fence around it. FRIDLEY CIT�C' CO��CIL �IEETING OF �L�RCH 3,2003 P�GE 10 ' �[avor Lund stated that the pond �vas for runoff from asphalt and hard surfaces. .�Ir. Bolin stated that ��-as correct. �Iavor Lund asked about the Fire Department's turn around. He wanted to kno�� if it ��as on thz �vest side. titr. Bolin r�plied that it �vas. He said tr.e Fire Department requested an arrangement like this se they could aet a truck in and turn it around. �Ir. Ed Stanke. 7091 Hivh�va�- 6�, said he was present for several reasons. Council had answ�ered some of his questions. He said �vhen this proposal w�as first made, the�- were told the tow-nhomes �vould be sold. Thev found out that they are not for sale, but aze join� to be houses for rent. He stated this made them feel differently. He said he wanted to make sure that the elevations of this property do not slope to the west because there may be drainage problems. Mayor Lund asked if�ir. Stanke had spoken to staff about the drainage problem. �1r. Stanke replied that they had addressed it w�ith Medtronics engineering staff and they put in an oversized culvert to handle water Councilmember Barnette asked about the detention pond and if it was designed to run out onto Norton Creek, onto the cul-de-sac or into the storm sewer to the east. i�Ir. Haukaas, Public Works Director, stated that was the existing drainage pattern for that area. The development would not significantly change that draina�e. Mr. Stanke said he wanted to make sure. Councilmember Wolfe said one of the stipulations said that grading and drainage plans should be submitted to City Engineering staff prior to the issuance of a building permit. Mr. Haukaas replied that they would review the grading and drainage plan. All their calculations are based on the conditions as they exist today. It is not meant to go back and remedy past problems. He said that Nortin Creek did serve a lazge azea and the pipe that was installed for the Nledtronic entrance was sized based on the creek, not for any other improvements adj acent to it. Changes in runoff are dealt with at the time of redevelopment Mr. Stanke asked if it would make a difference if they were owned or rented. Councilmember Billings asked Mr. Stanke if the current owner of the property moved some dirt around before or after the Medtronic project. I�1r. Stanke replied after. . FRIDLEY' CITY COI�`�iCIL �IEETING OF �IARCH 3,2003 PAGE 11 Councilmember Billinas said Iand alteration permits Qo throuoh both the City En�ineerin� and Communitv Devetopment Departments. F-Ie asked staff if anv land alteration permits w�ere obtained bv the e�cistina propert�� owner. �Ir. Haukaas said he did not remember or.e separate from the �[edtronic development. Councilmember Billinas stated he thouQht this needed to be addressed. �Ir. Haukaas replied they w�ould look at it, but w-ithout kno�vled�e of�vhat �vas there other than peoples' memories, it�vould be very difficult. Councilmember Billings stated �Ir. Stanke may have other remedies. 1�1r. Stanke stated if there �vas �oing to be a new development, they better meet the requirements of the land elevations and he would like to have it looked at. Councilmember Bamette asked if all of the property along Norton Avenue with the exception of 11�2 is currently zoned R-3. �Ir. Bolin replied that it was. Councilmember Barnette said that 1170 was a single-family dwellinj but was zoned R-3. He asked why. Mr. Bolin rep(ied that the R-3 district �r•as created around 1969. It allowed the R-2 district to have only single-family and tw�o-family homes. The entire nei�hborhood was zoned R-3. Councilmember Barnette asked if 1170 was currently R-3. Mr. Bolin replied that it was. Councilmember Bamette asked if the developer and wanted to build a four-plex on 1170, he would have a right to build a multiple dwelling on 1170. NIr. Bolin stated he would have that right, but he would still need to meet the land area requirements. Councilmember Barnette asked if a developer could come in and put townhomes in that area since it was already zoned R-3. Mr. Bolin replied it was possible. Ms. Cindy Mabel, 1214 Norton, said she had spoken with the owner of 1163. He said he had already been in contact with Mr. Juaire and told him he would sell after July. The owner of 117� had also been contacted. His house was vacant now and he was anxious to sell. She �vanted to know if they should be planninQ for the whole project no�v and considerin� the impact on the FRIDLEY CIT�r" COU�ICIL �IEETI�iG OF i�L�RCH 3,2003 PAGE 12 neiQhborhood. She also said there �r-as a problem w-ith the map in that 7103 was not listed. That is owned bv Harstad. Karen Sorenson wTote a statement that she was contacted bv �Ir. Juaire and was told that these to�rnhouses �vere QoinQ to be for sale, for people to buy them, not to rent. �Is. Sorenson �vas unable to come to the meetin� and asked that this be submitted. She said she had a petition to submit also. � MOTIO�+ bv Councilmember w'olfe to receive the petition and the letter from Karen Sorenson. Seconded bv Courlcilmember Barnette. tiPO� A �'OICE VOTE, aLL VOTIrG AYE, �I_aYOR LL7+D DECLARED THE �IOTIOr C aR.RIED L�i�YI�IOL'SL�C". �Is. �Iabel said that there are many trees in the area and at the Planning Commission meetin� 1�1r. Juaire said there would be only sis left. She stated that she was also concerned about parkin�. If the only parkin� available was in the garages and on space directly in front of the garage, people would be parking on the street. They already have a parking problem. She also worried about the safetv of the children in the area with the estra traffic. She said she was not against rental property,�but wanted to see the development be consistent with what was already in the area, and that w-as double bungalows. Councilmember �Volfe asked if staff knew of all of the buildings that �vere potentially going to be in that area to prepare for the e�ctra runoff. N1r. Haukaas replied that they could not do much with speculation. He said they have heard the same thing, but wzthout actual plans and movement by the property owner or potential owner to do something, there was nothing they could act on. Mayor Lund asked if the petitioner would come forward. �Ir. 1�lichael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, owner of PMJ Group, stated that he had a contractual arrangement w�ith 1152 and 1170. Councilmember Wolfe said he would like Mr. Juaire to answer some of the residents' questions. Mr. Juaire stated with respect to the issue of for sale versus for rent, his business was rental property. He built rental property and retained it. He did not sell it and was not an absentee landlord. He said the properties were in excellent shape, excellent condition and maintained well. He said he did a thorough job of screening of tenants. This was the first property that he was planning for construction. It was being replatted for the ability to sell. He said they would be platted with the ability to sell. He said they were planning that within a five-year time frame. He said it was their intention for the units to initially be rentals. After a four to five year time frame, they would be sold individually. That was why they were beina platted individually. He stated that vlr. Stanke did bring up the drainage issue with him, and he said he �vould talk to Mr. Stanke more about the issue. He said if there were particular issues that needed to be addressed, he would like to know. He said that 2 '/: to 3 inch trees will be added to replace those taken. � . ' FRIDLEY CITY' COIJNCIL �IEETING OF 1�I.�RCH 3,2003 PAGE 13 With res�ect to parkin�. the desian �vent bevond the requirements. There were two covered and nen-cove,�d parking spots per unit. for a tutal of 16 spaces. �Ia��or Lund asked if he w-as a�ti-are of anv tand or soil movement on the property. �Ir. Juaire replied [hat he �vas not. The owner did tell him that he put a timber retainina wall on the w-est end of thz property. �1a�-or Lund asked Attorney Knaalc if thz Council had any authority to restrict zonin� based on ownership versus rental properties. Attornev Knaack replied the Council did not. Councilmember Billin�s asked w-hat the square footaje of the units was. Mr. Juaire replied 1,700 square feet. Councilmember Billings asked him if he had any ballpazk idea of what the rent would be. NIr. Juaire said around $1,2�0. Councilmember Billings asked how many bedrooms would be in each unit. Mr. Juaire said thPre would be three �edroems and two and one-half bathrooms. Councilmember Billings asked w-hat kind of income would people need to have in order to afford the $1,250 rent. NIr. Juaire said he believe it was a minimum of three times that amount per month. Councilmember Billings replied, so he was looking at a household income of about $40,000 a year or more in order to be able to justify paying the kind of rent he was planning on charging. Mr. Juaire said he was interested in doing a similar project at 1163 and 1175. He said the owners have not committed to sell at this point. Councilmember Billings asked if he and his engineer had made any considerations to the present site that would include the possibility of acquiring the additional properties. Mr. Juaire replied it was discussed but there were too many unknowns. Councilmember Barnette asked how much a unit would sell for. Mr. Juaire stated �170,000. Nfayor Lund asked about traffic counts. , � � FRIDLEY CITY COLJNCIL �IEETING OF �IARCH 3, 2003 PAGE 1-1 ' �Ir. Haukaas replied there ��ere no traffic counts for Noron A��enue. There would be inereased traffic but he thou�ht the road could handle it. �Is. Pam Rz��nolds. 1?-�l �orton, said thzt �vith respzct to the rezoning, she revie�ved the Comprehensive P(an. She did tind that there ��as a tior�on Creek repair project �lated bet�veen 200� and 200�. �Ir. Juaire can build, and it w-ill increase traffic. V4"hen she read the Comprehensi�e Plan under zonina issu�s, it said cnanJes should be carefullv considered to ensure that the proposal did r.et ad��ersely impact nei�hbor::oods, communitv characte:, or set an undesirable precedent. Lookin� at that statement, if this area �vas rezoned there would be 8 units. �tr. Juaire �ti�ill possibly obtain another 8 or 1? more. It would chanae their nziQhborhood drasticallv. She said she thou�ht there were better things the property could be used for. �Is. Reynolds said the other thing the Comprehensive Plan discussed was that it w-as the Petitioner's responsibility to prove the proposal was within the interest of the community and within the spirit of the plan. �1r. Juaire spoke about his �-ision at the Planning Commission and said it �vas an upscale, hiah-end project, and he hoped to attract youno professionals. She said most voun� professionals she knew•were paying $9�0 at the most and were trying to save to buy a house of there o�vn. She said she did not know of many professionals who would want to live adjacent to a railroad yard, hi�h po�ver lines, a highway and a parkina lot of a larQe employer. She said it �vas not consistent with the neighborhood. Considering the location, she did not think it w-ould attract young professionals. Instead, she thouQht it �vould attract multiple renters and a lot of traffic. y Ms. Reynolds said she had one other item to discuss. She asked how much disruption would be caused in the neighborhood while the project was bein� constructed. She asked who was aoing to take care of the maintenance of the properties. She said she was concerned about the safety of the children during construction of the units. She said she thou�ht Council and the Planning Commission should look at this aaain and really think hard about �vhat there �vere doing to the neighborhood. Mr. Juaire stated professionals were interested in the properties. He said he agreed with the Planning Commission in that this was a nice looking building that would be an asset to the area. With respect to the Watershed District, he submitted a request over a month ago. They have gone through a review. There was a minor change that needed to be made by the engineer and it has been resubmitted. He expected a permit to be issued within a week. With respect to hours of construction he thought the ordinance said around 7:00 a.m. to 6:00 p.m. Councilmember Wolfe stated the ordinance changed to 9:00 a.m. on weekends. Ms. Leanne Prater, 1215 Norton, said she was concerned �vith how large the project was and what it would do to the neighborhood. She said it would add people and more tra�c. She asked what all the heavy traffic and truck traffic would do to their street. The road already needed some repairs. She was also concemed about parking. If they could not park on the cul-de-sac, they would park on the streets. She was concerned that this would set a precedent for the property at 117� and 1163. She said she was concerned ��ith the number of renters in the area. She �ti-as also concerned about the pond and the problem it could possibly cause for young r . � • FRIDLEY CITY COL�CIL �IEETI�iG OF �IARCH 3, 2003 PAGE 15 children. She said she w�ould like a fence put up azound the pond. She said it w�as a nice nziahborhood ar.d this proiect ��-ould definitelv chan�e the d��namics of the neiQhborhood. Councilmember Billin,s ask�d ��hat 11�� as currentiv zor.ed. �Ir. Bolin replied it was zoned �1-l. Councilmember Bi1lin�s �ked ��-hat could be put in an �f-1 district. �ir. Bolin said there �vere a number of diffzrent li�ht industrial uses. Any-thina could be put in that did not involve outdoor storaQe or manipulation of goods or products. Councilmember Billinas stated if thev did nut rezone 11�� and access to 1 1�2 �vas from Norton Avenue the property could be bou�ht for liaht industrial use and there could be traffic brinQina in goods and taking goods out. � y Mr. Bolin stated that w-as correct. Councilmember Billin�s asked about traffic patterns in an i�1-1 district. Mr. Bolin said there ��-as more traffic from industrial and commercial users during the daytime hours than there would be from residential users. Ms. Reynolds said there was a problem with the zoning map. According to the map they received from City Hall their nei�hborhood was GI, wlu�h was local business. She stated that at the Planning Commission meeting, they had no idea why it ��as M-l. It was corrected but not until she asked. Ntr. Bolin replied that this map ��as an old version. It was corrected a couple of years ago, and this map should have been destroyed. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:50 P.M. OLD BUSINESS: 8. VARIANCE REQUEST, VAR # 3-04, BY TIMOTHY MILLER, TO REDUCE THE FRONT YARD SETBACK GENERALLY LOCATED AT �91 DOVER STREET N.E. 'VARD 3 TABLE FEBRUARY 24, 2003 . Mr. Bolin, Planning Coordinator, stated the petiti ner was Timothy Nliller, the property o�r�ner of �91 Dover. �Ir. Miller�vas seeking t�vo variances at would allow for the reduction of the front yard setback at his residence located at �91 Dover treet. The tirst variance was to reduce the R r FRIDLEY CITY COL�ICIL I�IEETING OF �I.aRCH 3, 2003 PAGE 16 � , i front yard setback from ?9 feet to 18? feet. This �vould recoQnize the esistiny non-conformity�. the existinv placement of his home. The second Lariance request would be to reduce the front ��ard setback trom �9 teet do��n to 10 fe�t to accommodate proposed construction ot an open coczred porch on the west sidz of his homz. He 'said the _appeals Commission recommended approval �t the fror.t yard set back variance to recoanize the existin� non-conformitv. The variance simply recovnized thz pre-existin� condition.y Approvina the variance would not set a precedent tor undzveloped tots in the future. `�"ith respect to the second variance request thz `�FFeals Com�ission recommended denial. No similar variar:ces have bee.^. Q:anted in t�he past. an alternative option did e�ist, and thzre did not appear to be undue hardship. Staff recommended cuncurrence with the Appeals Commission. ` �Ir. T'imothv �(iller. �91 Dover Street, stated the p'�rch issue was discussed at the Appeals Commission meetinQ. � , 1 Councilmember Wolfe asked how he felt about the decis�ion. � Mr. Miller said it would have been nice if it was approved; 1 L10TION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LU�1D DECLARED THE MOTION C�RRIED U�tANINIOUSLY. Mr. Miller stated that he did not think there was anything more he could do to get it approved. He said they mentioned something about changing the address� and he did not want to pursue that option. He would like to leave everything the w-ay it was and�et the setbacks taken care of. MOTION by Councilmember Barnett to approve the front yard setback variance request recognizing an e:cisting non-conformity. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. MOTION by Councilmember Barnett to deny the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UPiAMIMOUSLY. NEW BUSIivESS: 9. FIRST READING OF AN ORDINANCE TO A�IEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY NIAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-1, BY NIICHAEL JIt,AIRE, TO ASSTAACT - � � ' Receipt# , ❑ Incorrect/No Referenca# 9 3 / � D Non-standard Document Date�me DOCUMENT N0. � of I ❑ Certified Copy/ 1844681 . 0 ABSTRF�CT DocumentQrder ANOKA COUNTY MINNESOTA y PINs ,__� � /y/� I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability �,= FOR RECORD ON S E P 0 3 2 0 0 3 �/ �i � AT 4 : 3 O PM AND WAS DULY RECORDED. Fling Feea O�Q�S � Tax Lien/Releasa FEES AND TAXES IN THE AMOUNT OF $2 5 . O O PAID. E'opy/Addition g es � . 2 0 0 314 7 6 2 0 � Transfer Well Cert Fees $ RECEIPT N0. � Division MAUREENJ.DEVINE � Incompiete Form ❑ Status ANOKACOUNIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Missing Attachment [] New legal Descrip6on JMH � No Legal Description ❑ GAC By DEPUIYPROPERTYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � Non-existent Legal Description � Deferred Specials Part(s) Illegible o Change � , .