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ZOA98-02 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: t,% Rezoning Zoning Text Amendment PROPERTY INFORMATION: - site plan required for submittal, see attached Address: Property Identification Number: Legal Description: Lot Block /5 Tract/Addition =milAowh d '. � ecti Asa .i, a C- Current Zoning: 2 z Square footage/a reage: Requested Zoning: 2`; Reason for Rezoning: 1 i� Or; Section of Zoning Code to be Changed: - (Attach requested language) Reason for Change: _el,, e-I � r Have you operated a business in a city which required a business license? Yes No L. If Yes, which city? If Yes, what type 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: ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: PETITIONER INFORMATION NAME: 0 5 l Utj 0.v I,/ eS Q X02 ti.. �h uv c it ADDRESS: �4 S- . DAYTIME PHONE: 5702- ec)1 q SIGNATURE/DATE: �. FEES Fee: $500.00 ✓ Rezoning $300.00 Zoning Text Amendment Application Number: .v�2Receipt #: _ Received By: Scheduled Planning Commission Date: u Scheduled City Council Date: ��t / t`l9 k 10 Day Application Complete Notification Date: , 14 60 Day Date: Se 1.•-f l 11 y of E6S�-ZLS J0 66SC-Ug pD luou4mdaQ buluu]DId 1,ejpTs,4 to ATO aql buTljno Aq pauTplgo aq Antu ssaoord buTuoza�j aql buTpmbai uoTlptuzojuT jnuopTppV aounuip.zo un buildopn Aq panosddn sT 6utuozal V •buTmaH oilgnd potmoO k3T0 otll to alpp aql opnloui UYA butmaH o, qnd uotssTtutuoO 6uTutmjd atll zol aopou atLL •slsenbas 6uTuozei Up aol buTmag aln.mdas n lonpuoo oIlan Itouno0Amppututuoz)oj nLzuzp t p a-jptu pup Auotugsal satjlpb 'buTmaq oTlgnd n lonpuoo of uoTssTt=oO buruLmld eql to 141l?gTsuodsoi aql sT II •ITounoo Allo atll of uolssTurtuoo Alosupp tm sT uotssttutuoO 6uTutmjd E)qL •.zaluaO IpdToTunyq aql uT slaqumgo jpunoO aqI uT tud OC:L Ip gluow eqj to sADpsaupa�pm-gl pta� Isiij aql plaq am s6uTlaaur atj,I, -if4j mtutuoo eql to sluepTsas uanas to do apptu sT uolssm=03 6tnutmld eq L uopppuaurtuooa.z llpls atll BUTp Mbej polpno .zauoTlpad aql ptm 'uepli,n sT liodas llpls n 'uoTss'WWOO BUMUIDId aqI l0 6upaeuz eq of soTki buTlaatu uoTssTtutuoO 6tntnmjd aql pup app anp uoclpollddp etp ueemlaq s�loom.mol AjapDuilxo.�ddn si eiaq j, •saautAo k4jadosd esagl of lues em Isenbei eqI jo sao. 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V •Aliedosd uo paemoljp sasn Ippads pmA.zoss000n pall"jad . aql sabungo uoTlnubTsap buiuoz etp butbunto •sE)mpunoqWMI s TO ai II uTglyA palpool A}Zado zd uo uoTlnu6Tsop buTuoz etp 2` ; abunga of A110 eql Jo satuno sadoid n smo senbas buiuoze i :est— �i jjp I �I and SS330�Id SNINOZ28 OW CITY OF FRl DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 July 27, 1998 Roslyn Park Wesleyan Church Pastor Gary Brewster 53006 1h Street NE Fridley MN 55421 Dear Pastor Brewster: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received applications for an alley vacation (SAV #98-02) and a rezoning for a portion of your property to R-3 (ZOA #98-02) on July 17, 1998. This letter serves to inform you that your application is complete and that the City of Fridley will be processing your application in accordance with Chapter 205 of the Fridley City Code. Your application schedule is as follows: Planning Commission August 19, 1998 City Council September 14, 1998 If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, 61 Paul J. iftg Planning Assistant PJT:jt C-98-140 Rules News - tau-�rest' Cv, 13 City of Fridley 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,August 19,1998,at 7:30 p.m. for the purpose of: Consideration of a Rezoning ZOA#98-02, by Roslyn Park Wesleyan Church to rezone property from R-2,Two Family Units,so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district, generally described as Lots 11, 12, 13, 14, 15 of Block 15 of Hamilton's Addition to Mechanicsville according to the plat thereof on file and record in the office of the Register of Deeds in and for Anoka County and State of Minnesota. Subject to a pipeline easement to Standard Oil Company across Lot 15 as shown on Document Number 4135 and assigned to the American Oil Company per Document Number 35075, generally located at 5300 6th Street NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred to Scott Hickok,Planning Coordinator at 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 572- 3500 no later than August 12,1998. DIANE SAVAGE CHAIR PLANNING COMMISSION (August 6, 13, 1998) Fridley, Blaine, Columbia Heights,Hilltop,Spring Lake Park Focus News 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, August 19, 1998, at 7 :30 p.m. for the purpose of : Consideration of a Rezoning ZOA #98-02 , by Roslyn Park Wesleyan Church to rezone property from R-2, Two Family Units, so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district, generally described as Lots 11, 12, 13 , 14, 15 of Block 15 of Hamilton' s Addition to Mechanicsville according to the plat thereof on file and record in the office of the Register of Deeds in and for Anoka County and State of Minnesota. Subject to a pipeline easement to Standard Oil Company across Lot 15 as shown on Document Number 4135 and assigned to the American Oil Company per Document Number 35075, generally located at 5300 6th Street 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 Scott Hickok, Planning Coordinator at 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 572-3500 no later than August 12 , 1998 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: August 6, 1998 August 13 , 1998 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5300 6`h Street NE CASE NUMBER: Rezoning #98-02 APPLICANT: Roslyn Park Wesleyan Church PURPOSE: To rezone property from R-2, Two Family Units, so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district. LOCATION OF 53006 th Street NE PROPERTY AND LEGAL Lots 11, 12, 13, 14, 15 of Block 15 of Hamilton's Addition to DESCRIPTION: Mechanicsville according to the plat thereof on file and record in the office of the Register of Deeds in and for Anoka County and State of Minnesota. Subject to a pipeline easement to Standard Oil Company across Lot 15 as shown on Document Number 4135 and assigned to the American Oil Company per Document Number 35075. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, August 19, 1998, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 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 572-3500 no later than August 12, 1998. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 572-3599. August 6, 1998 Publish: August 13, 1998 IIII I lull III III NINE INNII®, IIIIII ■. 11111111 IIIN11 N 1!N ■ ■ ' N IIIIIIIIIII N� N � o �■ 111® 11111 ®_ LUBET BERNICE SIEDLECKI PATRICIA J BATES CHRISTINE&VOLLRATH 2532 JOPPA AVE SO 5380 6TH ST NE 5375 5TH ST NE ST LOUIS PARK MN 55416 FRIDLEY MN 55421 FRIDLEY MN 55421 WRIGHT EUGENE&DIANE M LISCHALK STEPHEN T&DOREEN HOIBY RONALD L&CAROL A 15100 STONE RD 5357 4TH ST NE 5380 7TH ST NE WAYZATA MN 55391 FRIDLEY MN 55421 FRIDLEY MN 55421 LUBET BERNICE GIDEO ROBERT J&FRANCES LINDBERG CURTIS M&MARILYN 2532 JOPPA AVE SO 5372 6TH ST NE 5353 4TH ST NE ST LOUIS PARK MN 55416 FRIDLEY MN 55421 FRIDLEY MN 55421 BERGSTROM DARRELL J SELLARDS JESSE J CARSEN DANE C&KELLI L 5370 5TH ST NE 8491 HILLSIDE TRAIL 5370 7TH ST NE FRIDLEY MN 55421 COTTAGE GROVE MN 55016 FRIDLEY MN 55421 ANDERSON MICHAEL J&LINDA SCHWARTZ DUANE LEO&M Y BLANK RICHARD K 5360 5TH ST NE 2525 118TH AVE NW 5360 6TH ST NE FRIDLEY MN 55421 COON RAPIDS MN 55433 FRIDLEY MN 55421 SOPER MICHAEL D STIMACK THOMAS&BARTON S F SODERHOLM S W&L M TRUSTEE 5360 7TH ST NE 5331 5TH ST NE 5336 5TH ST NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 PREBARICH JOHN J HUBER ROBERT J&MICHELE YANG YENG H ETAL 5339 4TH ST NE 18380 GLADIOLA ST NW 5346 6TH ST NE FRIDLEY MN 55421 CEDAR MN 55011 FRIDLEY MN 55421 SCHUMACHER EDWARD T&JODI WALKER DEBORAH J KIZZEE RONALD E&BARBARA 5350 7TH ST NE 5329 5TH ST NE 4946 JACKSON NE FRIDLEY MN 55421 FRIDLEY MN 55421 COL HGTS MN 55421 NELSON LARRY A&RITA ANN MUSKE CURT A&DIANA K SCHOLZEN EDWARD J&LOIS S 5323 4TH ST NE 5340 7TH ST NE 117 HARTMAN CIR FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55432 RAMSEY DALLAS L&PATRICIA KIZZEE RONALD E&BARBARA CEDERSTROM YUANTTA L 5336 6TH ST NE 4946 JACKSON NE 5331-6TH ST NE FRIDLEY MN 55421 COL HGTS MN 55421 MPLS MN 55421 0 KIZZEE RONALD E&BARBARA BREITKREUTZ PATRICK W& S R 4946 JACKSON NE 5315 4TH ST NE COL HGTS MN 55421 FRIDLEY MN 55421 JOHNSON DEAN VINCENT& SAND ROSLYN WESEYLAN CHURCH RODGERS FRANCES V 5330 7TH ST NE 5300 6TH ST NE 5330 5TH ST NE FRIDLY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 LEWIS TERRANCE P& SANDRA ROSLYN WESLEYAN CHURCH OTTEN MERLE J&MARGARET J 5323 6TH ST NE 5300 6TH ST NE 5311 4TH ST NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 STEVENS JAMES B &JOANNE C LAMBERT BRUCE P&VICKI J ANDERSON LARRY L 5310 5TH ST NE 5310 7TH ST NE 2840 QUEBEC AVE S FRIDLEY MN 55421 FRIDLEY MN 55421 ST LOUIS PARK MN 55426 DONLEY CHRIS T&PAMELA J ROSLYN WESEYLAN CHURCH BYERS RICHARD L&MYRNA L 5305 4TH ST NE 5300 6TH ST NE 5300 5TH ST NE FRIDLEY MN 55421 FRIDLEY MN 55421 FRIDLEY MN 55421 Gary Brewster AMUNDSON ALLYN N&ISABELLE ANDERSON LARRY L 4 - 5301 4TH ST NE 5315 6TH ST NE FRIDLEY MN 55421 FRIDLEY MN 55421 CURRENT RESIDENT CURRENT IDENT CURRENT R IDENT 5381 6TH ST NE 5380 6T T NE 5375 51,Wb INE FRIDLEY, MN. 55432 FRIDL9Y, MN. 55432 FR10 EY, MN. 55421 CURRENT RESIDENT CURRENT SIDENT CURRE ESIDENT 5384 5TH ST NE 5357 4 ST NE 5380 HST NE FRIDLEY, MN. 55421 FRI EY, MN. 55421 F DLEY, MN. 55432 CURRENT RESIDENT CURREN ESIDENT CURRENWT SIDENT 5361 6TH ST NE 53726 ST NE 5353 4T NE FRIDLEY, MN. 55432 FRI EY, MN. 55432 FRI EY, MN. 55432 CURRENT SIDENT CURRENT RESIDENT CURREN ESIDENT 5370 5TH T NE 5367 5TH ST NE 5370 7 ST NE FRIDL , MN. 55421 FRIDLEY, MN. 55421 701EY, MN. 55432 CURRENT RESIDENT CURRENT RESIDENT CURREN ESIDENT 5360 5TH ST NE 5347 4TH ST NE 5360 ST NE FRIDLEY, MN. 55421 FRIDLEY, MN. 55421 F LEY, MN. 55432 CURRENT IDENT CURREN ESIDENT CURRE RESIDENT 5360 7T T H E 5331 5 ST N E 5336 H ST N E FRIDL , MN. 55432 FRI EY, MN. 55421 FRI LEY, MN. 55421 CURRENT R IDENT CURRENT RESIDENT CURRE RESIDENT 5339 4TH NE 5335 6TH ST NE 5346 H ST NE FRIDLEY, MN. 55421 FRIDLEY, MN. 55432 F LEY, MN. 55432 CURRENT SIDENT CURRE RESIDENT CURRENT RESIDENT 5350 7TH NE 5329 H ST NE 5334 5TH ST NE FRIDLE , MN. 55432 FR LEY, MN. 55421 FRIDLEY, MN. 0 CURRENT SIDENT CURR T RESIDENT CURRENT SIDENT 5323 4T T H E 5340 H ST NE 117 H MAN C I R NE FRIDL , MN. 55421 FRI LEY, MN. 55432 FRI EY, MN. 0 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 5336 6TH ST NE 5334 5TH ST NE 5331 6TH ST NE FRIDLEY, MN. 55432 FRIDLEY, MN. 0 FRIDLEY, MN. 55432 CURRENT SIDENT CURRENT RESIDENT CURRENT SIDENT FRIDLEY, N. 0 5334 5TH ST NE 5315 ST NE FRIDLEY, MN. 0 FRfDLEY, MN. 55421 CURRENT R IDENT CUR/6TT SIDENT CURREN ESIDENT 5330 7TH NE 5300 NE 5330 ST NE FRIDLEY, MN. 55432 FRIDN. 0 F LEY, MN. 55421 CURRENT RES DENT CURRENT RESIDENT CURRE RESIDENT 5323 6TH S E 5315 5TH ST NE 531 H ST NE FRIDL E , N. 55432 FRIDLEY, MN. 55421 F DLEY, MN. 55421 CURRENT R ID ,CURRENT R DENT CURRENT RESIDENT 5310 5TH NE 5310 7THY NE 5315 6TH ST NE FRIDL , MN. 55421 FRIDL , MN. 55421 FRIDLEY, MN. 55432 CURRENT RESIDENT CURRENT SIDENT CURRENT ESIDENT 5305 4TH ST NE 5300 6T T NE 5300 5TH T NE FRIDLEY, MN. 55421 FRID , MN. 0 FRIDL , MN. 55432 CURRENT SIDENT CURRENT R DENT 5301 4TH NE 5315 6TH NE FRIDLE , MN. 55421 FRIDL , MN. 0 rv� February 11, 1993 � Corp. No. :000059158 Ref. No. : 75202 01-F S'TALTAZ CREI T"i IOWA-MINNESOTA DISTRICT OF THE WESLEYAN CHURCH, INC. TERRY L SLYE BRIGGS AND MORGAN 2200 FIRST NATIONAL BANK BLDG ST PAUL MN 55101 CERTIFICATE OF GOOD STANDING Name DISTRICT OF THE WESLEYAN CHURCH, INC. ti N IOWA-MINNESOTA D��W�Y�C Date 02/28 1928 I, ELAINE BAXTER, secretary of state of the state of Iowa, custodian of the records of incorporations, certify that the nonprofit corporation named on this certificate is in good standing and was duly incorporated under the laws of Iowa on the date printed above, with perpetual duration. C1 0 CL pccr SECRETARY OF STATE PriNed on kill.MOM 5 ............... CONSULTING ENGINEERS PHONE 612-571-2600 FAX 812-671-1188 j i ULTEIG ENGINEERS, INC. Z514- 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 May 5, 1998 Gary G. Brewster, Pastor Roslyn Park Wesleyan Church 5300 6th St. NE Fridley, MN 55421 RE: Site Layout Options UEI Project#96723 Gary: The proposed improvements to the Roslyn Park Wesleyan Church include constructing additions of 4630 s.f. to the existing Church (1590 s.f. in Phase 1) and expanding the parking lot in order to maximize parking available on the property. With regard given to City requirements for ponding and traffic flow characteristics, we considered several parking lot arrangements. Of these, four options were reviewed in depth and can be seen on sheets 1-4 of the Roslyn Park Wesleyan Church plans. Consideration was also given to the excavation necessary to improve the site and the temporary stormwater ponding required to construct the first addition to the existing Church. The available parking on site can be maximized at 67 parking stalls as seen in Options 1 and 2. Option 1 provides 1308 c.f. of ponding between the 5th St. right-of-way and the parking lot, and by grading into the 5th St. right-of-way, Option 2 provides 1859 c.f. of ponding. In both options, the ponds are being released to the catchbasin in the northeast corner of the intersection of 5th St. and 53rd Ave. N.E. City ponding requirements, however, state ponding must be provided to store 100% of the runoff increase due to improvements for a 100-yr. storm event. Therefore, 4560 c.f. of ponding must be provided, and Options 1 and 2 do not meet this requirement without a City variance. In order to provide the necessary ponding, some parking stalls need to be eliminated. Option 3, with 61 parking stalls, has similar traffic flow to Options 1 and 2. However, parking stalls at the southwest corner of the lot have been eliminated to provide 5100 c.f. of pond storage. By adding another entrance on 5th St. and creating a second parking lot on the west side of the property, Option 4 has 63 parking stalls with space for 4630 c.f. of pond storage. Both ponds in Options 3 and 4 are also to be released to the same (� catchbasin as described above. Option 4 provides two more stalls than Option 3; however, an extra entrance is necessary and the western lot would be separated from the rest of the parking lot. Therefore, Option 3 is recommended to provide the most parking while meeting City ponding requirements and offering the smoothest traffic now characteristics. C E Z 12.06 C EQUAI Y EMPLOYER efI C%' w 1 In order to construct the new parking lot on the west side of the property, approximately 1600 cy of dirt will need to be excavated. By creating berms and landscaping, 150 cy may be used on site, but roughly 1450 cy will need to be hauled off site. The temporary stormwater storage necessary per City requirements for the construction of the first addition to the existing Church is 424 c.f. or roughly a 15' x 15' x 2' pond. It is recommended that the temporary pond be constructed in the same location as the permanent water quality pond discussed above in Option 3. If you have any more questions or comments, please feel free to contact me at 571-2500. Sincerely, Gerald P. Floden, P.E. U 12.07 L)'F III AVE. N.L. -� r----------------- I -----------------� r•----- 1 PAIRICA MOLDENIIAUE_R 1 Lor sn I CERT. #4737.0 Lot 1 1 1 1 I 5380 6111 Sl. NE. I I 1 1 I 1 I J I 1 CNRISIINEI. OAKSAa 1 1 CLR1, #82677 to,29 Lot l 53711 5111 51. NE. I I 1 I 1 Al.1 —I^ 1I 120BERT J. GIDEO, JR & FRANCES GIDEO 1 1 LOT 26 I I ;ERT. #61503 Lor 3 I 1 1 1 1 i372 6TI1 SL NE. 1 I I I 1 I iL1-41 —1 1 I JESSE J. SELARDS -- — -- —� CI R1. #68844 Lot 27 1 I 1 1 S,Sfi 7 5111 SI. W. 1 1 1 1 1�I I 1 <I 1 I QI RK HARD K. 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"fti• 'yy';":fi:.. ........................ -................... ..... .... ......... ...�..._.........iiti^:ii:::': If you do not receive all of the pages, please contact us . as soon as possible at. (612) 571-2500. AUG-18-1998 13:05 ULTEIG ENGINEERS INC 612 571 1168 P.02i02 sectional corner positions and private boundary corners . (6) Remove any earth, gravel or rock from any highway; (7) Obstruct any ditch draining any highway or drain any noisome materials into any ditch; (8) Place or maintain any building or structure within the limits of any highway; (9) Place or maintain any advertisement within the limits of any highway; (10) Paint, print, place, or affix any advertisement or any object within the limits of any highway; (11) Deface, mar, damage, or tamper with any structure, work, material, equipment, tools, signs, markers, signals, paving, guardrails, drains, or any other highway appurtenance on or along any highway; (12) Remove, injure, displace, or destroy right of way markers, or reference or witness monuments, or markers placed to preserve section or quarter section corners; (13 ) Improperly place or fail to place warning signs and detour signs as provided by law; (14) Drive over, through, or around any barricade, fence, or obstruction erected for the purpose of preventing traffic from passing over a portion of a highway closed to public travel or to remove, deface, or damage any such barricade, fence of obstruction. Anv violation of this subdivision is a misdemeanor. Subd. 6 Removal of unauthorized advertisements, buildings, or structures in or on a public highway. The road authorities may take down, remove or destroy any advertisement, building or structure in or upon any highway in violation of this section. History: 1959 c 500 art 1 s 27; 1973 c 123 art 5 s 7; 1977 c 334 s 1; 1979 c 275 s 1; 1980 c 435 s 1; 1980 c 533 s 2; 1995 c 23 s 1 160.29 VACATION OF PUBLIC WAYS; EFFECT. Subd 1 . For purposes of this section the term "municipality" means any city, county or town. The term "public way" means any highway, road, street, cartway, alley or lane or other publicly owned interest in real property which is open to the free passage and use of the public. Subd. 2 . In proceedings under statute or charter to vacate a public way or portion thereof, a municipality may specify the extent to which such vacation affects existing easements therein and the extent to which the vacation affects the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto . History: 1971 c 461 s 1, 2; 1973 c 123 art 5 s 7 TOTAL P.02 U x� 1 X�' ( ( I GAR. , I 1 I x0 i _ 0 1 bg• --- 130.F34 PLAT 131.1 7 MEAS. ------ •;y� i' c°' CLEAR 0.15 BOARD FENCE6� �7?, W c0. b�, 'BLDG.` , , ` 4i�• ` 1' ` I e' Y f itF-'t" Il T0 SED Af3 M E/SE�RIQ/T TO l0T 22 > w �d1 ,` ♦X 11•- 07.05 -z�y- t - i �x� i 1 x , 6 �e?�, S.\BW4T43%W.---- ------ `` ----i-------- iii 'r ,1 130.86 PLAI 1, 1, w `�:' '11 ', ', 1 `, ? ,' f------ 130.80 MEAS.--------- 1 ,i e�\' .c eQ?� " -CIIIWK FENCE�y�> i OF IANC2 - j gl-M,r,le� ---uxi[ rflE- u mow_S�( toei ; ;e/ I 1 1 , x - --'7` _ -- ... (� I 1 I ' �' d --'-'-----'' — �. --' I -� (P lP t 1 I CIUIINI INK I I NCI I I I 8851'14" , 1 Q j `I� -AIR COMMONER 1 d �", I, I1:1, I I 1 1 II x 1 4, 1 V) 1 1 1 1-1 1' `4 11 I ` , , , , , q(\ - I I (SI vOT ".N 1 'J11� /i♦/ '� ` I I � j x4h I j I I t �' n I y I OPOLE I/ ,Ix� LI)I ,) ) E�cilltE'vd1 � '?J I } � ` %// 1 N�l'�t•P*` I � I 1 SNRUO GARDEN l 4GARAGE, UfLaDIMGm.,- - s . 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Mf 111 `, J '1 It m > BITUMINOUS PARKING LOT 11 'I FCIRIC-i��l ) .P: u FI ,n„ h TELEPHONE ' 1 1 I I x Sx x - ` tli /�\t l)I r', I t i ... ._. _. . \• • - •, , 1, -' r 4 11 � , Q'4i0' `S `` }l( •1'�.Ir'IJ X17, MIj)Ir. 1 I ; \ .. -r--- '. i 2 ♦` `` J •. � S f11 r-. 1�� II 1 , I.OI I f ' ' • .' ng .i- 4µ„3 ��"V F,I•A�lr" r' c LOT 1513 .1 I li .0\� \`�O I SIG l:1 , _ �I L OI71'O�I 7” to ♦ �` L>� pMl)CO 1'IPf<(INf_ • r 1- 1- _�__ ` U.G. AM(xll PIPE UNE rP �♦ v 98'11'39"� ----�--------- -- -_-�. �♦ i I SI`�', 4 I'I.A1 13 'Y3 Ml'AS. Y�:- 3-00"e' 3;. ,�JaL ----�e ==x,130.94 PL'/15 130�`1Q MEAS. i 1 9,` I 12" C_{P. WATER M/SIN - �- SANITARY(SEWER i i ' I I i i )7 C.I.P. �I � � i i ISIORM SF.WERI _ ;.x 1 J. , ._ —.� AV 11 I ; _ _) 11 11 , r,.11.%,N 1` 11 BITUMINOUS SURFACE 11 I % 11 `, 11 `1 `, , I I, `, 11 1 `, 1 , I 1 `, t1 , `, I` ', 54 TH AVE. N.E. CURB 1- - - - -- - - --- - - - - - - - - -- - - - - -- - - - - - --� _ 1 PATRICA MOLDENHAUER r 1 LOT 30 I I CERT. #47320 LOT 1 1 1 5380 6TH ST. NE. I i 1 CHRISTINE L_ BATES 1 CERT. #82677 LOT 29 I LOT 2 5375 5T1-I ST. NE. I 1 i I I ROBERT J. GIDEO, JR & FRANCES GIDEO 1 I LOT 28 1 I VERT. #61503 LOT 3 1 I I 1 X372 6TH ST. NE. I JESSE J. SEL-LARDS CERT. #68844101 v I I LOT 4 1 1 5367 511-1 S T. NE. IDI I I I I I I aNW I �1 I i i I I QI RI(I1ARD K. BLANK 1 Lor 26 I >1 CE Z T. #29909 LOT 5 1 I I I 1 1 1 I I 1 -- --- _ -- -- 04AINUW FENCE Q THOMAS 0. SI(MACK & SHIRLE'dAR6,3j\ ' TON1 1 1 1 CFRT. #69793 Lor 25 1 I 10T a 5.531 5111 Sr. NF. 1 I GARAGE 1 1 w 1Lli ry I 1 I BANKEI.S TRUST CO. OF CA. i 1 1 H— 77 77 qq . 1 LOT 24 NousE I i CER I. ',14M OE3 7 LOT 7 1 �• 1Lu I I � V 1 1 I DF:RORAII J. WALKER GARAGE 1 CEIR 1. #79959 L"or 23 LOT a 1 5329 5TH ST. NE. 1MAN -- --- -- - — - — LLJI— — m Q0 LLM r I ZLL_AS L & PATRICIA A RAMSEY 1 1 1 1 d LOT 22 ( RT. #42811 LOT 9 I 1 I I I ` 136 6TH ST. NE. PLAT 131.17 MEAS. ---- - '1 1 I 1 i anve n,r rtna WO FENCE 1 1- — -- — -- - - — - -1 1 I 344 r ave ua>• e I 1 91.04'37• 1 I I 1 i s ea•40'fe' LOT 21 § 1 LOT 10 I I I 1 I I I 1 130.88 PLAT 1 1 1 1 - --- 130.80 MEAS.----- I I -- I ( II 1 I I n ,1 l r° -- - ---� i 1194' C—A4,ex,o,teaae au.ueK 1 l i I N y Of LCT u / 0'56'27• I I a tam eo'• I�, 1 3 I gl Lor 20 § I 1 1 3 1 11 I a oMy I I I; 1 I,r I 1 1 I I g U.0. —'-- t— 1 - - Lor 19 vi q LOT 12 ell umT o 34.51 — 7 lir"' coO to ' 11 8 ,. N 8. LOT 13 TM 4 1 I I I I 4 Lor 17 1 I I Y_ auue AR 1 r.•r•.. .•... J LOT 14 .AIlAKI� 1 e0. I OT If, s:.S '.}; ' . : LOT 15 I I CFA\ -_ y, 1 91 Y- —- - -- un wood sc AtAerm a' \ �--130.94 PLAT-130.13 MEAS. r';"•' "_"► --X30.94 PLAT-130.10 MEAS. --- I I I , . .•,,. Ikv ,Y°1,.NA1F11 as I IY CV.NAIU MAN / E/NTN �L 1Lt-Y�1ENE11��^y—^}.— .�.-//�— -.--N-.-F--. e\I—. . eLIL 0 . — Vie._ G{!{t°IW lENOe V 3-1\✓ -t \VE-. 1 V�. K.Y_ _ MTUWNOUS SURFACE I I 8 Fay. September 2, 1998 City Planning Commission Fridley Municipal Center Fridley, Minnesota Re: Petitions from Roslyn Park Wesleyan Church 1) To change type of zoning for a portion of our church property. 2) To request a variance for vacating an alley. To the City Planner, Scott Hickok and his staff, and to the City Planning Commission, we express our thanks for the open door to present our petitions in a revised form. Positional Statements 1. Petition to change type of zoning A. Related to re-zoning: We would request that our petition to change lots 16-21 from R-2 to an R-3 status be received as originally presented. In view of whatever else may be authorized by the City for our property improvements, the change in zoning would at least be resolved and place all of our property in a consistent status. We request that this petition be treated as a single petition. Petition to vacate an alley A. Related to vacating the entire alley: We believe that if the alley were continuous, or provided access and egress as a through alley between 54th and 53rd Avenues, and that all landowners had equal or similar access, then the City policy for vacating an alley would understandably be helpful and 100% of the landowner's signatures would be required to vacate such alley. We would request that the City of Fridley consider a variance to vacating an alley that has not been developed to through traffic; has not been maintained by the City for the section of alley that is open to traffic; and has not been improved by the City to reduce erosion of soil into the current drainage systems. Therefore, we propose that only the portion of alley that dissects the church properties be vacated. Based on the data that presents itself, we have prepared information and request that this information be placed into consideration. B. Homeowner access needs: (All three of the landowners mentioned here are located on the west side of the alley). (Lots 24 & 25) We have homeowners at 5331 5th St. with specific access needs to their home and garage entrance, that require the present alley space as a turn around area. To vacate the section of alley adjoining their property puts their access in jeopardy. .t p.2 Case in point: By vacating this portion of the alley, it would then permit owners across the alley the opportunity to reclaiin one-half of the vacated alley, which would then block the needed access to the garage. Other variances/easements would then be needed with neighbor to neighbor, but it is not our(Church) intent to pressure those arrangements. (Lots 22 & 23) We have another homeowner at 5329 5th St. with specific need to access their garage from the alley. For the same reasons as stated above, to vacate their section of alley puts their access in jeopardy. However, this access can be accommodated by the church providing an access - casement driveway from the church property. (Lots 26& 27) We have another homeowner at 5367 5th St. who also utilizes the alley, not for access to home or garage, but for the services of garbage pick-up and maintenance access to the back side of their rental duplex. C. Naz church portion of the alley: By leaving the non-church portion of the alley in its present state of location, by leaving the easement agreements between the City and the utility companies; and by leaving all other boundary easements/ arrangements as they are, we believe it is both prudent and cost effective to all other owners on the block. Again, we (Church) do not intend to impose financial burden or casement changes in order to accommodate our building and property improvements. D. Basis of our proposal: We have been advised by City Planners and by our Engineers to prepare a Master Plan for the existing church properties. We have sought their Counsel regarding drainage requirements, ponding, easements and other City codes. Our proposal now includes a request to vacate only the portion of alley that dissects the Church properties, which includes five (5) lots, 11 - 15 on the east side of the alley and five (5) lots, 16 -20 on the west side of the alley. This request relates to the first phase of property improvements we are presenting to the City of Fridley. Request for Variance Our request to the City is for a variance to the alley vacation process. Since the alley is only a partial alley, is un-maintained and has not been improved by the City, and does not serve as an access - egress for all of the landowners on the block, we ask for a variance based on the following. 1. The City of Fridley has not developed the alley as a through access - egress. ** Even though the alley area has been designated, it has not been developed. ** A curb cut or approach has not been provided onto the 54th Ave. positon for such. (According to surveyor's mapping). We have access - egress only from 53rd Ave. ** The area that has been open to traffic has not been maintained or improved by the City. ** Two property owners at the north end now assume responsibility to mow the grass as an extension of their back yards. 6 p.3 2. ** The City of Fridley has not maintained or provided improvements to the portion of alley that is open to traffic. This portion serves two property owners with access to their homes and garages...these being more to the middle of the block. The two homeowners who benefit most from the alley have personally paid for rock and gravel fill, in an attempt to slow down erosion of alley sand. The primary cost has been incurred by Mr. Tom Stimack at 5331 5th St, who has also provided his labor and personal expense for snow removal. 3. ** The City may not be aware of the amount of soil erosion that has occurred and continues to occur. Our topography map indicates that the alley has been cut away between 2-3 feet lower than the side banks and continues to erode quickly from snow and rain run-off into the City drainage systems located on 53rd Ave. The length of this erosion drainage spans ten (10) lots or an approximate area of 4,000 square feet. (400' in length and average 10' in width). The erosion problem is in and of itself a major concern and could be corrected with the proposal being offered by the church. 4. ** The church has already assumed the costs of surveying all of the alley, locating fences and buildings in addition to our own topography needs in developing a Master Plan for improvements. We have communicated with all neighbors in good faith, have shared with them our ideas and asked for their input, keeping their needs in mind. We have endeavored to be aware of City codes and requirements and to comply with those regulations. Therefore, it is our proposal that only the portion of alley that dissects the two church parcels be vacated, and that the vacation of the alley apply to lots 11 -20. We would request that the alley adjoining to lot 21 (Church property) would not be vacated, as it lies directly west of lot 10 belonging to another landowner. Reasoning would be consistent with page 2, item C. - Non church portion of the alley. However, this portion of the alley that adjoins lot 21 would provide connection to the remaining non-vacated alley. The proposed access - easement driveway would then extend from 5th street on the west, cross over lot(2 1) and connect to the alley at the east end of lot 21, providing access-egress for all current users of the alley. This proposed vacation of part of the alley would create a need for the following stipulations: p.4 1. That the church provide an alternate access-easement driveway for all owners who are presently using the alley to access their property...whether home, garage, or other services. And, that such an access - easement driveway be provided across the entire length of lot 21 to connect directly to the alley needed specifically by these homeowners: 1. 5329 5th St. - Walker 2. 5331 5th St. - Stimack 3. 5367 5th St. - Sellards And, that the portion of alley not vacated and presently used by these homeowners, continue to have such access without change of defined boundaries or other easements so as to insure their continued access to homes, garages and other services. 2. That the church provide for all necessary drainage easements for the alley connection and access - easement driveway, thus reducing soil erosion and improving the access - egress surface. The construction of this access - easement driveway also lends itself to the future development of additional parking for the church. (Detailed on the Master Plan of property improvements.) 3. That the present City easements located in the alley adjoining all other property owners remain in effect for all the utilities, and that the proposed vacated area of alley adjoining the church property continue to serve as utility easement, except that the church would then grant the easement. 4. That the church grant and record easement to 5329 5th St. /Debra Walker, for relocation of a tool shed. Reasons: a.) The shed presently encroaches onto the church property as displayed on the topography map. b.) The shed would need to be moved anyway to provide adequate turn/comer space from the new access - easement driveway onto the alley. 5. That the church record an easement to provide Amoco continued rights across the former alley. o We respectfully submit our requests and will endeavor to speak to other concerns from the members of the City Planning Commission. Roslyn Park Wesleyan Church, Property Improvement Committee David Johnson, Harvey Teske, Janet Griffith, Nita Fernelius, Gary Brewster e 1 CITY OF FRIDLEY PROJECT SUMMARY REZONING AND ALLEY VACATION REQUEST BY ROSLYN PARK WESLEYAN CHURCH Agenda Item: 2&3 Applicant: Gary Brewster Case Number: ZOA#98-02, SAV #98-02 Application Date:July 17,1998 Staff Reviewer: Scott J. Hickok Meeting Date: August 19, 19.98 Planning September 14, 1998 cc City Manager Authorization: 60 Day"Date September 15,:1998 DESCRIPTION OF REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R- 2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church property to be zoned consistently. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. Mr. Brewster has also requested an alley vacation. Currently, an alley exists which bisects the church property into east and west segments. A residential neighborhood exists north of the Church. Mr. Brewster was successful in presenting a 100% petition from the residents to the north. All parties sharing an interest in the alley welcome the idea of the alley vacation. Many property owners north of the church have begun to utilize the alley area as if it were vacated. SUMMARY OF ISSUES: Both Sections 205.08.01.0 and 205.09.01.0 of the Fridley Zoning allow churches as a Special Use Permit. The language in both sections of the Code is identical. The surrounding land is a mix of R-2 and R-3 properties. Staff utilizes a strict criteria to evaluate rezoning requests. Compatibility is a key factor. As either R-2 or R-3 the land passes the test for rezoning. Allowing the rezoning as requested would not be inconsistent with the zoning patterns and existing uses in this area. Code Section 211.10 States that any plat or any part of a plat may be vacated....Such vacation shall require the approval of the City Council in the same manner as for plat of subdivisions... 2. When lots have been sold, the plat may be vacated as stated above, provided that all the owners of lots in such a plat join in the execution of such instrument... This alley therefore can be vacated in accordance with the provisions on this Chapter since all owners have concurred with the request and support the Church in their efforts. RECOMMENDED ACTIONS: Staff recommends approval of the rezoning and vacation with stipulations (see report). s Staff Report ZOA#98-02&SAV#98-02,5300 6h Street NE Page 2 Petition For: A rezoning of property from R-2, Two Family Residential, to R-3, Multi-family Residential. The petitioner has also requested an alley vacation. Currently, an alley exists which bisects the church property into east and west segments. A residential neighborhood exists north of the Church. The petitioner was successful in presenting a 100% petition from the residents to the north Location of Property: 5315 5f Street N.E. and 5300 6th Street N.E. Legal Descript. of Property: Lots 11-21, Block 15,Hamiltons Addition to Mechanicsville Lot Size: 60,131.2 s.f., 1.38 acres Topography: Relatively flat Existing Vegetation: Urban Landscape Existing Zoning/ Platting: R-3, General Multiple Unit/ R-2,Two Family Unit Availability of Municipal Utilities: Utilities available Vehicular Access: 53rd Avenue N.E. and 6th Street. Pedestrian Access: NA Engineering Issues: A U.G. Amoco Pipeline easement exist on site, adjacent to 53rd Avenue N.E. A new easement will also be required to allow access to overhead electrical and cable lines that are located in, and accessible through the alley. 2 t Staff Report ZOA#98-02&SAV#98-02,5300 61"Street NE Page 3 Comprehensive Planning Issues: The zoning and use of this land are consistent with the Comprehensive Plan. Public Hearing Comments: To be taken Site Planning Issues: ADJACENT SITES NORTH: Zoning: R-1, Single Family Land Use: 1 and 2 Family Residential R-2, Two Family EAST: Zoning: R-2,Two Family Land Use: 1 and 2 Family Residential SOUTH: Zoning: City of Columbia Heights Land Use: Residential (single and multiple) WEST: Zoning: R-3, Multi-Family Residential Land Use: Residential, Primarily Single Family DEVELOPMENT SITE REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R-2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church property to be zoned consistently. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. Mr. Brewster has also requested an alley vacation. Currently, an alley exists which bisects the church property into east and west segments. A residential neighborhood exists north of the Church. Mr. Brewster was successful in presenting a 100% petition from the residents to the north. All parties sharing an interest in the alley welcome the idea of the alley vacation. Many property owners north of the church have begun to utilize the alley area as if it were vacated. SITE DESCRIPTION/HISTORY Hamilton's Addition to Mechanicsville was platted in 1886 On August 7, 1956 a building permit was issued to construct the Roslyn Park Church. On March 15, 1965 a building permit was issued to create the Parsonage. 3 Staff Report ZOA#98-02 &SAV#98-02,5300 6"Street NE Page 4 The parsonage is on a parcel that is zoned R-3. The Church is on a parcel that is zoned R-2. As a result, the petitioner has requested a rezoning of the R-2 property to R-3. Both districts allow churches as a special use. The language regarding churches is identical in the two districts. However, staff has taken the same approach to analyzing this request as if another R-3, Residential use were being considered. Evaluation of the Rezoning Criteria Compatibility of the proposed use with the proposed district. The proposed use of the site is to provide for future expansion of the church and associated parking. Compatibility of the proposed district with adjacent uses and zoning. The proposed district, R-3, General Multiple Units District is compatible with adjacent uses and zoning. The use of the subject parcel as it is currently zoned would not be limited(for the intended purpose) by its zoning. However, other idiosyncrasies about two zoning classifications make rezoning an attractive option. Compliance of the proposed use with the proposed district requirements Setbacks The future site plan meets the minimum requirements of the R-3, General Multiple Unit District requirements, if the alley were vacated and lots consolidated. Drainage The engineering department will require that the drainage plan meet the requirements of the Six Cities Watershed Management Organization. Storm water will be required to be managed on site and then released into the storm water system located adjacent to the site. Landscaping A future landscape plan would be required. Final landscape plans must meet or exceed the requirements of the C-2 District. Also, the parking lot will require additional plantings to provide additional screening of the parking lot from the public right-of-way. Building Materials Code requires that commercial buildings be constructed of masonry units specifically designed as finished exterior surfaces. These materials include: brick, rock face block, etc. The future building addition will be of materials to blend with the original architecture of the church. VACATION OF ALLEY The City Council requires that a request to vacate an alley be accompanied by a 100% petition of support by the neighboring property owners. This request for a variance was accompanied with a petition that complies with the City's requirement. 4 Staff Report ZOA#98-02&SAV#98-02,5300 6"Street NE Page 5 All utilities in this area have been notified of the request to vacate the Alley. Amoco has responded that they do not object to the vacation; however, an easement will be required from the church to replace the City easement document for the short stretch where the pipe crossed the alley, near the 53rd Avenue right-of-way. The church has worked with the neighbor to allow a replacement access drive to their garage. The Walker property at 5329 5th Street NE takes access from the alley to their garage. The petitioner has arranged for an alternative access arrangement for that home owner. An easement memorializing this agreement will be required to be filed at Anoka County, along with an alternative access easement for access to the utilities in the alley. RECOMMENDATION Staff recommends approval of rezoning request ZOA #98-02, without stipulations. Staff recommends approval of vacation request SAV #98, with the following stipulations: 1. The petitioners record an easement to allow garage access for the homeowners at 5329 5f Street NE. 2. The petitioners record an easement over the alley to allow access to the utilities until a new easement is defined as necessary for utility access until the church expansion occurs. 3. The petitioners shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. 4. The petitioners shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. 5 r CITY OF FRIDLEY PROJECT SUMMARY REZONING AND ALLEY VACATION REQUEST BY ROSLYN PARK WESLEYAN CHURCH Agenda Item: 2 &3 Applicant: Gary Brewster Case Number: ZOA #98-02,SAV #98-02 Application Date: July 17,1998 Staff Reviewer: Scott J. Hickok Meeting Date: September 2, 1998 Plan: September 14, 1998 cc City Manager Authorization: .60 Day Date: September 15;1998 DESCRIPTION OF REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R- 2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church property to be zoned consistently. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. Mr. Brewster has also requested an alley vacation. Currently, an alley exists which bisects the church property into east and west segments. A residential neighborhood exists north of the Church. Mr. Brewster was not successful in presenting a 100% petition from the residents to the north. Not all parties sharing an interest in the alley welcome the idea of the alley vacation. Many property owners north of the church have begun to utilize the alley area as if it were vacated. SUMMARY OF ISSUES: Both Sections 205.08.01.0 and 205.09.01.0 of the Fridley Zoning allow churches as a Special Use Permit. The language in both sections of the Code is identical. The surrounding land is a mix of R-2 and R-3 properties. Staff utilizes a strict criteria to evaluate rezoning requests. Compatibility is a key factor. As either R-2 or R-3 the land passes the test for rezoning. Allowing the rezoning as requested would not be inconsistent with the zoning patterns and existing uses in this area. Code Section 211.10 States that any plat or any part of a plat may be vacated....Such vacation shall require the approval of the City Council in the same manner as for plat of subdivisions... 2. When lots have been sold, the plat may be vacated as stated above, provided that all the owners of lots in such a plat join in the execution of such instrument... The entire alley therefore cannot be vacated in accordance with the provisions on this Chapter since all owners have not concurred with the request and support the Church in their efforts. RECOMMENDED ACTIONS: Staff recommends approval of the rezoning and a modified vacation req. with stipulations a Staff Report ZOA#98-02&SAV#98-02,5300 6'Street NE Page 2 Petition For: A rezoning of property from R-2, Two Family Residential, to R-3, Multi-family Residential. The petitioner has also requested an alley vacation. Currently, an alley exists which bisects the church property into east and west segments. A residential neighborhood exists north of the Church. The petitioner was not successful in presenting a 100% petition from the residents to the north. Location of Property: 5315 5th Street N.E. and 5300 6th Street N.E. Legal Descript. of Property: Lots 11-21, Block 15, Hamilton's Addition to Mechanicsville Lot Size: 60,131.2 s.f., 1.38 acres Topography: Relatively flat Existing Vegetation: Urban Landscape Existing Zoning/ Platting: R-3, General Multiple Unit/ R-2,Two Family Unit Availability of Municipal Utilities: Utilities available Vehicular Access: 53rd Avenue N.E. and 6th Street. Pedestrian Access: NA Engineering Issues: A U.G. Amoco Pipeline easement exist on site, adjacent to 53rd Avenue N.E. A new easement will also be required to allow access to overhead electrical and cable lines that are located in, and accessible through the alley. 2 Staff Report ZOA#98-02&SAV#98-02,5300 6t°Street NE Page 3 Comprehensive Planning Issues: The zoning and use of this land are consistent with the Comprehensive Plan. Public Hearing Comments: To be taken Site Planning Issues: ADJACENT SITES NORTH: Zoning: R-1, Single Family Land Use: 1 and 2 Family Residential R-2,Two Family EAST: Zoning: R-2, Two Family Land Use: 1 and 2 Family Residential SOUTH: Zoning: City of Columbia Heights Land Use: Residential (single and multiple) WEST: Zoning: R-3, Multi-Family Residential Land Use: Residential, Primarily Single Family DEVELOPMENT SITE REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R-2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church property to be zoned consistently. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. Mr. Brewster has also requested an alley vacation. Currently, an alley exists which bisects the church property into east and west segments. A residential neighborhood exists north of the Church. Mr. Brewster was not successful in presenting a 100% petition from the residents to the north. All parties sharing an interest in the alley welcome the idea of the alley vacation. Many property owners north of the church have begun to utilize the alley area as if it were vacated. SITE DESCRIPTION/HISTORY Hamiltons Addition to Mechanicsville was platted in 1886 On August 7, 1956 a building permit was issued to construct the Roslyn Park Church. On March 15, 1965 a building permit was issued to create the Parsonage. 3 i Staff Report ZOA#98-02&SAV#98-02, 5300 611 Street NE Page 4 The parsonage is on a parcel that is zoned R-3. The Church is on a parcel that is zoned R-2. As a result, the petitioner has requested a rezoning of the R-2 property to R-3. Both districts allow churches as a special use. The language regarding churches is identical in the two districts. However, staff has taken the same approach to analyzing this request as if another R-3, Residential use were being considered. Evaluation of the Rezoning Criteria Compatibility of the proposed use with the proposed district. The proposed use of the site is to provide for future expansion of the church and associated parking. Compatibility of the proposed district with adjacent uses and zoning. The proposed district, R-3, General Multiple Units District is compatible with adjacent uses and zoning. The use of the subject parcel as it is currently zoned would not be limited(for the intended purpose) by its zoning. However, other idiosyncrasies about two zoning classifications make rezoning an attractive option. Compliance of the proposed use with the proposed district requirements Setbacks The future site plan meets the minimum requirements of the R-3, General Multiple Unit District requirements, if the alley were vacated and lots consolidated. Drainage The engineering department will require that the drainage plan meet the requirements of the Six Cities Watershed Management Organization. Storm water will be required to be managed on site and then released into the storm water system located adjacent to the site. Landscaping A future landscape plan would be required. Final landscape plans must meet or exceed the requirements of the C-2 District. Also, the parking lot will require additional plantings to provide additional screening of the parking lot from the public right-of-way. Building Materials Code requires that commercial buildings be constructed of masonry units specifically designed as finished exterior surfaces. These materials include: brick,rock face block, etc. The future building addition will be of materials to blend with the original architecture of the church. VACATION OF ALLEY The City Council requires that a request to vacate an alley be accompanied by a 100% petition of support by the neighboring property owners. This request for a variance was not accompanied with a petition that complies with the City's requirement. The vacation process had begun with 4 Staff Report ZOA#98-02&SAV#98-02, 5300 6`'Street NE Page 5 the belief that a 100% was included. The Church did not misrepresent this fact, they said that one owner had been impossible to reach, and staff later received numerous duplicate petition forms, and believed that every signature (including the missing signature) at that point had been submitted. A closer analysis revealed that this is not the case. All utilities in this area have been notified of the request to vacate the Alley. Amoco has responded that they do not object to the vacation; however, an easement will be required from the church to replace the City easement document for the short stretch where the pipe crossed the alley, near the 53rd Avenue right-of-way. The church has worked with an adjacent neighbor to allow a replacement access drive to their garage. The Walker property at 5329 5th Street NE takes access from the alley to their garage. The petitioner has arranged for an alternative access arrangement for that home owner. An easement memorializing this agreement will be required to be filed at Anoka County, along with an alternative access easement for access to the utilities in the alley. UPDATE FROM THE AUGUST 19,1998 MEETING On August 19, 1998, the Planning Commission heard negative comments from 2 neighbors to the north. Each neighbor indicated that they did not want the alley to be vacated because they still depend on the alley for access. Mr. Stimack, 5331 5th Street N.E. indicated that he had been the "forgotten' property owner in this issue. Mr. Stimach indicated that though he had signed the petition for vacation, he was now not interested in supporting the request. Mr. Stimach had a curb cut and driveway installed in 1997, as part of the City of Fridley Driveway Program. Prior to that driveway installation, Mr. Stimach's - access was the alley only. When Mr. Stimach installed his driveway, Shirley Barton co-owner 0f the property indicated to the City that their plan was to either rebuild,or rework the garage so access would be from 5th Street. She also indicated that eventually their plan is to build a new house on the property. A very similar series of event happened earlier on Third Street. Margarit Reed installed a driveway as part of the City program. Once the new curb-cut and driveway were installed, Ms. Reed petitioned for the alley to be vacated. Seeing Mr. Stimach's signature lead staff to believe his support of an alley vacation was intact.. The disposition of the Walker property at 5329 5th Street was known to staff. Gary Brewster had agreed to conditions with the Walker's to allow alternative access across the church property. Another unknown that was revealed at the Planning Commission was the fact that Jesse Sellards, who owns 5367 5th Street, was not interested in the vacation because his tenants have garbage collection from the alley. The petitioners had indicated that the owner of 5367 5th had been notified 5 Staff Report ZOA#98-02&SAV#98-02, 5300 01 Street NE Page 6 about the vacation, several attempts had been made to get his signature and that they were awaiting his response. Numerous attempts resulted in no response from Mr. Sellard's. Staff did believe, however, that when the numerous duplicate pages of final signatures were submitted, that property was represented by a signature. Obviously, that was not the case. As a result of the revelations at the August 19, 1998, Planning Commission Meeting, staff, met with Church representatives and Shirley Barton. The purpose was to understand the individual positions better. It appeared from the discussion with Ms. Barton that she and Mr. Stimach would entertain the idea of a reconstructed garage door (allowing 5th Street Access), relocated shed, and modified asphalt pad for garage access. The Church offered a solution that would provide continued access for the 3 property owners. In their proposal the Church asks for a "variance" to the Code Section that requires a 100% petition. In exchange, the church has offered to provide a paved driveway as an alternative access for those still depending in the alley. Variances to Chapter 205 typically relate to performance standards (i.e. setbacks, height, lot coverage, etc.) The 100% support petition language does not fit that classification. Therefore, the Commission and Council are being asked to decide, short of a 100% petition, are there, concessions that they would accept in exchange for allowing the Church portion of the alley to be vacated. Attached, on page 4, of Gary Brewster's, September 2, 1998 letter, is a list of such concessions the church is willing to provide. . From the City' perspective, what would the benefit of vacating the portion of the alley that dissects the church property be? The most apparent improvement is that like unimproved driveways the alley is an unimproved surface that allows silt and erosion to enter the streets and storm sewers. The church master plan will include the regrading of the alley and the establishment of new hard- surfaced areas and landscaped surfaces that will control the quality of the run-off. An additional benefit is that the homeowners to the north would have an improved surface to access their alley . This surface would be installed and maintained by the Church. RECOMMENDATION Staff recommends approval of rezoning request ZOA #98-02, without stipulations. Staff recommends approval of the modified vacation request SAV #98, with the following stipulations: 1. The petitioners record an easement to allow garage access for the homeowners at 5329 5tll Street NE., 5331 5th Street NE, and 5367 5th Street NE. and any other property owner north who may require alley access. 2. The petitioners record an easement over the alley to allow access to the utilities. 6 Staff Report ZOA#98-02&SAV#98-02,5300 61'Street NE Page 7 3. The petitioners shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. 4. The petitioners shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5th Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in anyway limit access by the adjacent property owners, until the new access has been completed. 8. The petitioner shall hold harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access alternative for the residents still wishing to utilize the alley north of the church property. 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. Ssv�z 5/6N Adle 7--0 —Z& A55Urur = �MTt1L�'ri-/uG"I 7 September 2, 1998 City Planning Commission Fridley Municipal Center Fridley, Minnesota Re: Petitions from Roslyn Park Wesleyan Church 1) To change type of zoning for a portion of our church property. 2) To request a variance for vacating an alley. To the City Planner, Scott Hickok and his staff, and to the City Planning Conuuission, we express our thanks for the open door to present our petitions in a revised form. Positional Statements 1. Petition to change type of zoning A. Related to re-zoning: We would request that our petition to change lots 16-21 from R-2 to an R-3 status be received as originally presented. In view of whatever else maybe authorized by the City for our property improvements, the change in zoning would at least be resolved and place all of our property in a consistent status. We request that this petition be treated as a single petition. Petition to vacate an alley A. Related to vacating the entire alley: We believe that if the alley were continuous, or provided access and egress as a through alley between 54th and 53rd Avenues, and that all landowners had equal or similar access, then the City policy for vacating an alley would understandably be helpful and 100% of the landowner's signatures would be required to vacate such alley. We would request that the City of Fridley consider a variance to vacating an alley that has not been developed to through traffic; has not been maintained by the City for the section of alley that is open to traffic; and has not been unproved by the City to reduce erosion of soil into the current drainage systems. Therefore, we propose that only the portion of alley that dissects the church properties be vacated. Based on the data that presents itself, we have prepared information and request that this information be placed into consideration. B. Homeowner access needs: (All three of the landowners mentioned here are located on the west side of the alley). (Lots 24 & 25) We have homeowners at 5331 5th St. with specific access needs to their home and garage entrance, that require the present alley space as a turn around area. To vacate the section of alley adjoining their property puts their access in jeopardy. r) p.2 Case in point: By vacating this portion of the alley, it would then permit owners across the alley the opportunity to reclaim one-half of the vacated alley, which would then block the needed access to the garage. Other variances/easements would then be needed with neighbor to neighbor, but it is not our (Church) intent to pressure those arrangements. (Lots 22 & 23) We have another homeowner at 5329 5th St. with specific need to access their garage from the alley. For the same reasons as stated above, to vacate their section of alley puts their access in jeopardy. However, this access can be accommodated by the church providing an access - easement driveway from the church property. (Lots 26& 27) We have another homeowner at 5367 5th St. who also utilizes the alley, not for access to home or garage, but for the services of garbage pick-up and maintenance access to the back side of their rental duplex. C. Non church portion of the alley: By leaving the non-church portion of the alley in its present state of location; by leaving the easement agreements between the City and the utility companies; and by leaving all other boundary easements/arrangements as they are, we believe it is both prudent and cost effective to all other owners on the block. Again, we (Church) do not intend to impose financial burden or casement changes in order to accommodate our building and property improvements. D. Basis of our proposal: We have been advised by City Planners and by our Engineers to prepare a Master Plan for the existing church properties. We have sought their counsel regarding drainage requirements, ponding, easements and other City codes. Our proposal now includes a request to vacate only the portion of alley that dissects the Church rch properties, which includes five (5) lots, 11 - 15 on the east side of the alley and five (5) lots, 16 -20 on the west side of the alley. This request relates to the first phase of property improvements we are presenting to the City of Fridley. Request for Variance Our request to the City is for a variance to the alley vacation process. Since the alley is only a partial alley, is un-maintained and has not been improved by the City, and does not serve as an access - egress for all of the landowners on the block, we ask for a variance based on the following: 1. The City of Fridley has not developed the alley as a through access - egress. ** Even though the alley area has been designated, it has not been developed. ** A curb cut or approach has not been provided onto the 54th Ave. positon for such. (According to surveyor's mapping). We have access - egress only from 53rd Ave. ** The area that has been open to-traffic has not been maintained or improved by the City. ** Two property owners at the north end now assume responsibility to mow the grass as an extension of their back yards. U p.3 2. ** The City of Fridley has not maintained or provided improvements to the portion of alley that is open to traffic. This portion serves two property owners with access to their homes and garages...these being more to the middle of the block. The two homeowners who benefit most from the alley have personally paid for rock and gravel fill, in an attempt to slow down erosion of alley sand. The primary cost has been incurred by Mr. Tom Stimack at 5331 5th St, who has also provided his labor and personal expense for snow removal. 3. ** The City may not be aware of the amount of soil erosion that has occurred and continues to occur. Our topography map indicates that the alley has been cut away between 2-3 feet lower than the side banks and continues to erode quickly from snow and rain run-off into the City drainage systems located on 53rd Ave. The length of this erosion drainage spans ten(10) lots or an approximate area of 4,000 square feet. (400' in length and average 10' in width). The erosion problem is in and of itself a major concern and could be corrected with the proposal being offered by the church. 4. ** The church has already assumed the costs of surveying all of the alley, locating fences and buildings in addition to our own topography needs in developing a Master Plan for improvements. We have communicated with all neighbors in good faith, have shared with them our ideas and asked for their input, keeping their needs in mind. We have endeavored to be aware of City codes and requirements and to comply with those regulations. Therefore, it is our proposal that only the portion of alley that dissects the two church parcels be vacated, and that the vacation of the alley apply to lots 11 - 20. We would request that the alley adjoining to lot 21 (Church property) would not be vacated, as it lies directly west of lot 10 belonging to another landowner. Reasoning would be consistent with page 2, item C. - Non church portion of the alley. however, this portion of the alley that adjoins lot 21 would provide connection to the remaining non-vacated alley. The proposed access - easement driveway would then extend from 5th street on the west, cross over lot(2 1) and connect to the alley at the east end of lot 21, providing access-egress for all current users of the alley. This proposed vacation of part of the alley would create a need for the following stipulations: p.4 1. That the church provide an alternate access-easement driveway for all owners who are presently using the alley to access their property...whether home, garage, or other services. And, that such an access - easement driveway be provided across the entire length of lot 21 to connect directly to the alley needed specifically by these homeowners: 1. 5329 5th St. - Walker 2. 5331 5th St. - Stimack 3. 5367 5th St. - Sellards And, that the portion of alley not vacated and presently used by these homeowners, continue to have such access without change of defined boundaries or other easements so as to insure their continued access to homes, garages and other services. 2. That the church provide for all necessary drainage easements for the alley connection and access - easement driveway, thus reducing soil erosion and improving the access - egress surface. The construction of this access - easement driveway also lends itself to the future development of additional parking for the church. (Detailed on the Master Plan of property improvements.) 3. That the present City casements located in the alley adjoining all other property owners remain in effect for all the utilities, and that the proposed vacated area of alley adjoining the church property continue to serve as utility easement, except that the church would then grant the easement. 4. That the church grant and record easement to 5329 5th St. /Debra Walker, for relocation of a tool shed. Reasons: a.) The shed presently encroaches onto the church property as displayed on the topography map. b.) The shed would need to be moved anyway to provide adequate turn/comer space from the new access - easement driveway onto the alley. 5. That the church record an easement to provide Amoco continued rights across the former alley. (� We respectfully submit our requests and will endeavor to speak to other concerns from the members of the City Planning Commission. Roslyn Park Wesleyan Church, Property Improvement Committee David Johnson, Harvey Teske, Janet Griffith, Nita Fernelius, Gary Brewster ZOA #98 -02 , SAV #98 - 02 Roselyn Park Weselyn Church Gary Brewster, Petitioner 5300 6th Street ZOA #98 -02 , SAV #98 -02 • Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of a portion of his property from R-2 , Two- Family Residential , to R-3 , Multi-family residential . Currently hlaf the church property is zoned R-2 and the other half R-3 . ZOA #98 -02 , SAV #98 -02 ........... • The church has begun a master plan for eventual expansion and having two zoning classifications on the property makes planning difficult. • Mr. Brewster has also requested an alley vacation . An alley currently exists which bisects the church property into east and west segments . ZOA #98 -02 , SAV #98 -02 • The Commission considered both of these requests at their August 19 , 1998 q meeting . • Residents who utilize the alley identified themselves as not being in support of the alley vacation request. • The City Council requires a 100% supportive petition prior to the vacation of an alley. ZOA #98 -02 , SAV #98 -02 • As a result, the Commission tabled the item until this meeting to allow the petitioner time to work through the issues . • The petitioner has prepared an alternative solution and the elements of this solution have been outlined in a letter to the Commission . ZOA #98 -02 , SAV #98 -02 • In his letter, Mr. Brewster indicated a desire to have both items considered under this one petition . The rezoning to R-3 would allow a consistant land designation . • Staff has analysized the rezoning request. The request meets the criteria utilized when considering a rezoning and approval has been recommended . ZOA #98 -02 , SAV #98 -02 • As for the alley vacation , the Church has asked for a partial vacation . In lieu of the alley across the church property, the church is prepared to provide , at their cost, a new hard-surfaced (blacktop or concrete) driveway, with curb and gutter. • A perpetual easement has also been offered as a solution for those wishing to not have their alley vacated . ZOA #98 -02 , SAV #98 -02 • A Request for Variance has also been made in the letter to the Commission . This refers to Section 211 , which requires that a petition of the adjoining property owners be included showing full support and allowing a 100% vacation of the alley to occur. ZOA #98 -02 , SAV #98 -02 • Unlike Chapter 205 , where the Appeals Commission and City Council can grant a variance to performance standards , Chapter 211 is prescriptive and not open to variance . • Therefore , a variance is not the appropriate mechanism to allow further consideration . ZOA #98 -02 , SAV #98 -02 • The Commission can recommend a partial vacation for City Council consideration , if appropriate . • Chapter 211 . 10 allows the vacation of portion of a plat, provided that all the owners of lots in such plat join in the execution of such instrument. ZOA #98 -02 , SAV #98 -02 • If the alternative arrangements are suitable for those who utilize the alley and they support the request to vacate, the intent of Chapter 211 . 10 has been met. • Staff was able to contact one of the property owners who spoke in opposition and she indicated that she did not have an issue with the alternative as long as the alley functions properly in its alternative form . ZOA #98 -02 , SAV #98 -02 • If the sentiments of the individual are accurate and others who spoke in opposition concur, staff recommends approval of the request to vacate only the church portion of the alley with the following stipulations: • The petitioners record an easement to allow garage access for any homeowner needing access . ZOA #98 -02 , SAV #98 -02 • The petioners shall record an easement over the alley (former location ) to allow access to the utilities . • The petitioners shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure . ZOA #98 -02 , SAV #98 -02 • The petitioners shall apply for and receive a special use permit prior to the expansion of their church facility. • The petitioner shall record an easement to provide Amoco continued rights across the former alley location . ZOA #98 -02 , SAV #98 -02 • The petitioner shall not alter the alley accross their property, or in anyway limit access by the adjacent property owners , until the new access has been completed . • The petitioner shall hold harmless the City from any damage or injury that occurs on or over the alley area in the ZOA #98 -02 , SAV #98 -02 • interim , or beyond the vacation approval II and completion of the drive access alternative for the residents wishing to utilize the alley north of the church . • The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. ZOA #98 -02 , SAV #98 -02 • The petittioner shall receive approval for the turning radius which is to be adequate to handle emergency vehicles . • The alley shall be sufficiently labelled to prevent the entrance from being blocked . MEMORANDUM ::::«.... » '«>> 'development h PLANNING DIVISION onomi evelop..ent DATE: September 10, 1998 TO: William W. Burns, City Manager�� '�� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Rezoning of Property Owned By Roslyn Park Wesleyan Church from R-2 to R-3 On September 2, 1998, The Planning Commission considered a rezoning request by Gary Brewster, Roslyn Park Wesleyan Church. The purpose of their rezoning request is to allow all of the Church property to be zoned consistently, Currently, half of the church property is zoned R-2, while the other half is R-3. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of zoning request ZOA#98-02, with no stipulations. RECOMMENDED ACTION Concur with the Planning Commissions recommendation and approve the first reading of the attached ordinance. 16.01 vfalo « t MEMORANDUM :: ::: :::::::::..: ........ :................ PLANNING DIVISION .....�iedevelopment �"'' tonomic 4R `.,,, development DATE: September 10, 1998 TO: William W. Burns, City Managers,,"' FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Second Reading of The Ordinance Rezoning of Property Owned By Roslyn Park Wesleyan Church from R-2 to R-3 On September 2, 1998, the Planning Commission considered a rezoning request by Gary Brewster, Roslyn Park Wesleyan Church. The purpose of their rezoning request is to allow all of the Church property to be zoned consistently, currently, half of the church property is zoned R-2, while the other half is R-3. On September 14, 1998, the City Council approved first reading of the ordinance as recommended. RECOMMENDATION Approve second reading of the attached ordinance and order publication. 1.01 ~1 R - R3 W W z Z N � Z 54 AVE NE 54 AVE NE 54 AVE NE vacate k alley Par R W Z g z6 1 CD Ln 'A Rezone to R-3 6 t• AVE NE 53 AVE NE 53 AVE NE 53 AVE NE 53 AV Roslyn Park Church (Columbia Heights) 5300 6th St NE Zoning Designations: N 0 R-1 One Family Urns CI TY = R-2 Two Family Units Alley Vacation &Rezoning w -E 0 R-3 -General MAPle Units OF R-4 Mobile Home Parks S M PUD_ � Petitioners: Roslyn Park �:07/28/1998 - LEY S2 -Redevelopment District o C-1 Locai Business WesleyanChurch Compiled and drawn from official records based 0 C-2 General Bm;iness on Ordinanoe No.70 and Zoning Map effective o C-3 General shopping Alley Vacation: SA V#98-02 date 1/27/56 together with all a Twxjng ordin- O K11_UGemern st a Rezoning. ZOA #98-02 a"°es adopted and effete as of 2/17/97. gN K2 Heavy Industrial - =R3 =Odd= intensive Heavy Ind. Zoning. R-2 &R-3, Residential The cty of Fridley has taken every effort to p� vide the most up-to-date i,ft,i ation available. P Public Facilities5300 6th Street NE The data presented Dere is subject to doge. WATER The City Of Fridley will not be responsible for 0 RIGHT-OF-WAY l nkmeen wm or usage of this doCIY im PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAG Mr. Hickok stated that for that reason, staff is asking for the NSP address. Each pole has an address and an identifier number. NSP is willing to provide a GIS p with all of those points identified so that staff can take the matrix and those id tifiers and be more precise on latitude and longitude. Latitude and longitude has a d gree of error. Though it is important because the City will ask for it from other users, t will not rely entirely on it. The next user will ask for the NSP address so they know pr isely on which pole the device is going. Mr. Egerer stated that after the last meeting, he did ome checking. The surveys they did with GPS were done with a differential which )la s the accuracy within one to five meters. He is happy with the new language. ey have no issues. MOTION by Mr. Kondrick, seconded by r. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTI O AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ANDTuIE PUBLIC HEARING CLOSED AT 7:38 P.M. Mr. Kondrick stated it looks as though everything has been taken care of to the satisfaction of the Commission as well as CeIINet. MOTION by Ms. Modi , seconded by Mr. Kuechle, to recommend approval of Zoning Text Amendment, A#98-01, by CeIINet Data Services (MSP), Inc., to allow the location and development, f Microcell facilities within the City of Fridley for the storing, processing, filtering, and forwarding of communication data within the Public Safety and Utility bandwidth licensed by the Federal Communication Commission, including any antenna attached to such device, generally located in the City of Fridley, as amended. UPONVOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE OTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would consider this request on September 14. 2. PUBLIC HEARING: CONSIDERATION OF REZONING. ZOA #98-02. BY ROSLYN PARK WESLEYAN CHURCH: To rezone property from R-2, Two Family Units, to R-3, Multi-Family Residential, so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district, generally located at 5300 6th Street N.E. 3. PUBLIC HEARING: CONSIDERATION OF AN ALLEY VACATION #98-02 BY ROSLYN PARK WESLEYAN CHURCH: To vacate all that part of the alley in Block 15, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, which lies between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said Block 15, generally located at 5300 6th Street N.E. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 4 Ms. Savage asked that the rezoning request and the alley vacation be considered together. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:40 P.M. Mr. Hickok stated Roslyn Park Wesleyan Church is requesting a rezoning and an alley vacation. Mr. Brewster is requesting a rezoning of a portion of the property from R-2, Two Family Residential, to R-3, Multi-Family Residential. Currently, half of the church property is zoned R-2, and the other half is zoned R-3. Mr. Hickok stated the church properties are located on 53rd Avenue between 5th and 6th Streets. The property to the east along 6th Street is zoned R-2. The property to the west along 5th is zoned R-3. The church has a master plan for eventual expansion. Having two zoning classifications makes the planning difficult. Mr. Hickok stated Mr. Brewster has also requested an alley vacation. An alley currently exists which bisects the church property. The Planning Commission considered these requests at their meeting of August 19. Residents who use the alley identified themselves as not being in support of the alley vacation request. The City Council requires a 100% support of the petitioner prior to vacation of an alley. As a result, the Planning Commission tabled the request to this meeting to allow the petitioners time to work through the issues. The petitioner has prepared an alternative solution, and the elements of this solution have been outlined in a letter to the Commission dated September 2, 1998. In this letter, Mr. Brewster requested that both items be considered under the one petition. Mr. Hickok stated staff has reviewed the rezoning request, and the request meets the criteria utilized when considering a rezoning. Therefore, staff recommends approval of the rezoning request, ZOA#98-02, without stipulations. Mr. Hickok stated that regarding the alley, the church is requesting a partial vacation. In lieu of the alley across the church property, the church is prepared to provide at their cost a new hard surface blacktop driveway with curb and gutter, and is prepared to offer a perpetual easement as a solution for those who wish to have the alley continue to their properties to the north. Mr. Hickok stated the request for a variance was made in the letter. This refers to Section 211 which requires that a petitioner of the adjoining properties be included showing full support and allowing 100% vacation of the alley to occur. Unlike Section 205, the Appeals Commission and City Council can grant a variance to the performance standards PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 5 of Section 205. Section 211 is not open to variance; therefore, a variance is not the appropriate mechanism to allow further consideration of this vacation. The Commission can recommend a partial vacation for City Council consideration if you feel this is appropriate. Section 211 allows for the vacation of a portion of the plat provided that all the owners in such a plat join in the execution of such instrument. If the alternative arrangements are suitable for those who utilize the alley and they support the request, the intent of Section 211.10 has been met. Mr. Hickok stated the proposal by the church is for the vacation of a portion of the alley that is on their property. The church is planning two future expansions. The first is to the south and the second to the west. At the time of the second expansion, they will need an accepted parking plan and will need room where the alley exists now. Mr. Hickok stated the alternative being suggested for the neighbors in lieu of the current alley would provide a driveway entering from 5th Street and extending to the alley. As part of that, the church has indicated they would make this a hard surface drive with curb and gutter, and would provide an adequate turning radius so that anyone using the alley would be able to make that turn without complication. Mr. Hickok stated staff was able to contact one of the property owners to the north who spoke in opposition. She indicated she did not have an issue with the alternative as long as the alley functions properly in its alternative form. One of her concerns was that water exists currently in the alley and hoped that the new access plan would not exacerbate any run off into that area and cause further problems. As with all projects if this were to move forward, the engineering staff would have to approve a drainage plan for that alternative access. He believed this concern had been addressed. Mr. Hickok stated that if the sentiments of the individual are accurate and others who spoke in opposition concur, staff recommend approval of the request to vacate only the church portion of the alley with the following stipulations: 1. The petitioner shall record an easement to allow garage access for the homeowners at 5329 5th Street N.E., 5331 - 5th Street N.E., and 5367 - 5th Street N.E. and any other property owner north who may require alley access. 2. The petitioner shall record an easement over the alley to allow access to the utilities. 3. The petitioner shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 6 4. The petitioner shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5th Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in any way limit access by the adjacent property owners, until the new access has been completed. 8. The petitioner shall hold harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access alternative for the residents still wishing to utilize the alley north of the church property. 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. Ms. Modig asked, when the church makes the access across the church property to the alley, will that turn allow access for emergency vehicles, such as a fire truck, etc. Mr. Hickok stated the proposal is to provide access for radius turn movement for vehicles with trailers, such as a vehicle pulling a boat trailer, and also a radius to accommodate an emergency vehicle would have to be approved by staff prior to implementation. Staff would make certain that emergency vehicles, utility trucks, etc., could use that turn. Mr. Brewster stated several members of the property improvement committee were also with him at the meeting, Mr. Harvey Teske and Mr. David Johnson, along with a surveyor/engineer from Ulteig, Mr. Keith Graham. He thanked staff for their extra work and for letting them come back with a revised plan. The term Mr. Hickok has used is a modified approach to vacate the alley. The premise of their coming with a revision is that the alley which has not served 100% of the residents who have property adjoining the alley and that it has not been a maintained alley. The alley has not been maintained and is subject to a tremendous amount of erosion. They would like to help remedy that and to continue to provide an access for those neighbors without impeding them by bringing in property lines, changing them, etc. It is their desire to bring that part of their petition as a modification to the code. Mr. Graham may be able to speak to the question about the turning radius for the access. They would be providing an access to the existing alleyway that is not vacated. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 7 Ms. Savage asked if the petitioner knew if anyone was in opposition to the revised proposal. Mr. Brewster stated they were not aware of anyone. They visited and contacted those who were involved in the change of that. Mr. Hickok came out, did a site view and went through the property. The neighbors were there to visit about that. In their visits or in their correspondence, they have not had any indication that this proposal would have any opposition. Ms. Modig asked if the petitioner had any problems with the stipulations. Mr. Brewster stated he did have a question about the last stipulation regarding maintenance. They would provide maintenance as far as seasonal access is concerned. They would not directly be using that drive themselves especially in the winter but understand that it would need to be accessible for those who would be using it. The alley itself is primarily maintained in the winter by Mr. Stimack. They have participated in a cost share but it has been primarily his responsibility. Ms. Modig stated she understood he took that on in order to have access to his garage. In order to have access, that easement still must be available. She asked the petitioner if they were questioning what maintenance must be done. Mr. Brewster stated, yes. Mr. Sielaff asked what was done before for the other access. Mr. Hickok stated it sounds like it was a shared responsibility and the owners shared responsibility to shovel so they could get in. Mr. Brewster's responsibility is to keep the access available for the neighbors. Mr. Brewster stated that is what he understood. For those who use the alley, that is something they would have to work out themselves. The Stimack's have another access with their own driveway. For the lady that is next to them, this is her only access. Mr. Sielaff asked if there needs to be a stipulation that the maintenance is a shared responsibility. Mr. Brewster stated they would provide the driveway for access. The other mechanics would be something to be worked out. Mr. Sielaff stated that as long as it is maintained, he does not care. Ms. Modig stated this has the potential for being a real problem. It is not clear unless we have an indication about who will plow the driveway and maintain it in the wintertime. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 8 Mr. Brewster stated the way they see it is they are responsible for clearing the access. He would like to seek a cooperative way of doing that, probably a cost share. Ms. Savage asked the petitioner, in the event they were not able to do that, would you take on that responsibility. Mr. Brewster stated, yes, especially of the vacated alley. The access would be additional for them to assume. Ms. Modig stated she felt this needed to be more specific. Mr. Hickok stated they are asking for reasonable seasonal maintenance. If that means a shared agreement, then so be it. Ms. Savage stated she believed the petitioner has indicated he understands and is willing to accept the responsibility if need be and is willing to work something out. Mr. Kondrick asked if it was correct that people would be able to get from the church parking lot going north. Mr. Hickok stated, yes, there would be a connection to the alley. Mr. Brewster stated, by doing this, it enables their future plans for the expanded parking. It not only gives immediate access for the residents but sets it up for future expansion. Mr. Oquist asked if this would be sufficiently marked so that people attending church services and/or activities do not park in that alley area and block the entrance. Mr. Hickok stated that was an excellent point. He believed the design for this would be done in a way that the north curb becomes the permanent concrete curb and gutter for the future drive aisle for the parking lot. He understands they will have an asphalt curb which would then be taken out at the time of the parking lot expansion. He understands that this is a short-term solution to provide drainage until the parking lot is completed. Mr. Oquist stated there is a type of concrete curbing that is not a whole curb but still allows for drainage. He also does not want to block the alley for emergency vehicles. Mr. Hickok stated this could be stipulation #10. Mr. Graham stated he was the surveyor for the project. There is a 16-foot turning radius on the curb. This is fine for automobile traffic but it is tight for emergency vehicles such as fire trucks. There is room for a 22-foot radius coming off the easement to the alley to the north. They would work with the engineering department to, if necessary, relocate that PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 9 easement a bit to accommodate the necessary turning radius. They would have to talk to the traffic engineers because this depends on the type of vehicles expected in that area. Mr. Oquist stated he thought that should be another stipulation. Mr. Kuechle asked Mr. Graham if there were parking spaces blocked out along the side of the access drive. Mr. Graham stated there are parking stalls and a drainage pond to the south. They will stretch the easement out to the alley. Rather than a turning radius, he would prefer to see the south line extended all the way to the alley so there will be room for snow removal and snow storage. If they can box that out rather than putting in a specific radius, that allows room. The civil engineer would have to make the decision along with City staff as exactly how best to handle the run off coming from the alley. Ms. Modig asked if that is something that is automatically done or would that require a stipulation. Mr. Hickok state stipulation #6 covers that in that the staff would need to approve the plan. Ms. Modig stated she is concerned about the neighbors that were at the last meeting. Did staff hear from them and does staff know that there is no problem with this proposal? Mr. Hickok stated he talked with Ms. Barton who is a co-owner of the property with Mr. Stimack. She stated she would be talking to Mr. Stimack. She did not have any concerns other than to make certain that this was engineered properly. If Mr. Stimack had additional concerns, she would have him call. Staff did not hear from him. As to the other property owner that spoke, he was concerned about the garbage pick up in the alley and being able to get in and out. Mr. Hickok was unable to contact him. Mr. Kondrick stated that if they can assure the turning radius, that problem is solved. Mr. Sielaff asked if they were notified a second time of this public hearing. Mr. Hickok stated, no. They attended the last meeting and were made aware at that time of this meeting. Ms. Modig asked if they had the signatures needed in order to do this right. Mr. Hickok stated that although they do not have the signatures for 100% vacation north to south, according to Section 211, the property owners that abut are supporting it. According to the other owners, he has heard verbal support from one property owner. It does make it difficult. The City staff, Commission and City Council would be most PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 10 comfortable with a written confirmation. As long as they are okay with the alternative, he thought that would be the equivalent of 100% support. Ms. Savage stated it is clear that they did know about the meeting and had an opportunity to write or call. Mr. Brewster stated that after the last public hearing and hearing the response from the neighbors, they addressed a letter to them and discussed this with those concerned. That is why they have an agreement to go ahead with the modification. They took steps to find a reconciliation. Mr. Stimack stated he has no conflicts with this issue as long as the turning radius is provided and it does not interfere with the drainage. That should be it. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:12 P.M. Mr. Kuechle stated he thought they had resolved the issues that were contested. He would recommend approval of both the rezoning and the vacation request. Mr. Oquist stated he would amend the stipulations. Mr. Kondrick asked if they should say something about marking the alleyway. Mr. Oquist stated he thought that should be one of the stipulations that the new alleyway be sufficiently labeled to prevent parking in that area. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to recommend approval of a Rezoning, ZOA#98-02, by Roslyn Park Wesleyan Church, to rezone property from R-2, Two Family Units, to R-3, Multi-Family Residential, so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district, generally located at 5300 6th Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of an Alley Vacation, SAV #98-02, by Roslyn Park Wesleyan Park Church, to vacate all that part of the alley in Block 15, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, which lies between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said Block 15, generally located at 5300 6th Street N.E., with the following stipulations: PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 11 1. The petitioner shall record an easement to allow garage access for the homeowners at 5329 5th Street N.E., 5331 - 5th Street N.E., and 5367 - 5th Street N.E. and any other property owner north who may require alley access. 2. The petitioner shall record an easement over the alley to allow access to the utilities. 3. The petitioner shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. 4. The petitioner shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5th Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in any way limit access by the adjacent property owners, until the new access has been completed. 8. The petitioner shall hold harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access alternative for the residents still wishing to utilize the alley north of the church property. 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 10. The petitioner shall receive approval for the turning radius which is to be adequate to handle emergency vehicles. 11. The alley shall be sufficiently labeled to prevent the entrance from being blocked. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would consider this request on September 14. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 12 4. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #98- 15 BY LOUCKS & ASSOCIATES INC ON BEHALF OF SPRINT SPECTRUM: To construct a wireless telecommunications tower as defined in Section 205.29.2 of the Fridley City Code, pursuant Section 205.29.5C in an M-2, Heavy Industrial Zoning District. Ms. Savage stated the req est for a special use permit, SP #98-15, had been withdrawn. 5. PUBLI HEARING: NSIDERATI N OF ZONING TEXT AMENDMENT ZTA #98-02, BY THE CITY F FRIDLEY: To create a new zoning district for industrial lot below one and a half acres in size, with special attention in the Onaway Addition located north of 79th Avenue, east of the Burlington Northern Railroad tracks, west of University Avenue, and south of 85th Avenue. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING A , CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBL HEARING OPEN AT 8:15 P.M. Ms. Dacy stated the zoning text amendment, ZTA#98-02, is being requested by the City of Fridley. The purpose of the zoning text amendment is to create a new zoning district in the Onaway Addition and, secondly, staff is asking the Planning Commission to evaluate a smaller minimum size requirement from 65,330 square feet to 62,000 square feet in the M-2, Heavy Industrial, district. Ms. Dacy stated the Onaway Addition is located in the northern part of the City with 77th Avenue along the south boundary, Main Street to the east, 79th Way on the north, and the railroad tracks to the west. Ms. Dacy stated the background of why this request is being brought to the Planning Commission's attention is that over the last two or three months the City has become aware of the small lot areas in this subdivision. The Onaway division was originally subdivided in 1911 and was originally intended for a residential development. However, that area when it was incorporated into the City of Fridley in 1958 was zoned industrial and planned for industrial since that time. Staff went back and looked at the code from 1958. At that time, there was not a minimum lot size requirement for development in industrial areas, and a minimum lot area did not appear in the zoning requirements until the 1960's. In the Onaway district, most of the building took place in the 1960's and 1970's. In 1973, the code had an exception phrase. For the M-2, the minimum lot size was 1.5 acres except for lots subdivided in a plat prior to the effective date of that code. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:28 P.M. MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to table Zoning Text Amendment, ZTA #98-01, by CellNet Data Services, Inc., to the next Planning Commission meeting so that the petitioner can provide some additional information, and additionally city staff can look into it and see what they can negotiate for a satisfactory resolution to section 7.5, A, (3) pertaining to the site engineering plans. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated she understands that the Planning Commission is in favor of the text amendment changes but want to clear this one area of dispute. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST. ZOA #98- 02 BY ROSLYN PARK WESLEYAN CHURCH: To rezone property from R-2, Two Family Units, to R-3, Multi-Family Residential, so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district, generally located at 5300 6th Street N.E. 3. PUBLIC HEARING: CONSIDERATION OF A VACATION REQUEST. SAV #98- 02 BY ROSLYN PARK WESLEYAN CHURCH: To vacate all that part of the alley in Block 15, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, which lies between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said Block 15, generally located at 5300 6th Street N.E. MOTION by Mr. Saba, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:30 P.M. Mr. Hickok stated Mr. Brewster of the Roslyn Park Wesleyan Church is requesting a rezoning and an alley vacation for their property that is generally located at 5300 6th Street. The church is located on 53rd Avenue between 5th Street and 6th Street. The property on which the church sits is zoned R-2, Two Family Residential. The church itself is located to the north and east area of the site and parking is to the south. The church owns property to the west side of the alley which is zoned R-3, Multi-Family Residential. On this parcel is located a parish house to the south and another home and garage located to the north. Ultimately, the church would like to develop on both sides of the alley and they see this as one contiguous master plan. The rezoning and alley vacation are part of their master plan for growth. Mr. Hickok stated that north of the church-owned property are a series of single family homes that face 5th and 6th Streets with an alley that exists behind the homes. Mr. Hickok stated that as part of the church master plan, the petitioner is looking at two expansions of the church. The church would first be expanded to the south with a second addition planned to the west. The footprint of the building relates directly to the required F PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 11 amount of parking that is necessary. The proposed expansion to the west would extend over the alleyway. Additional parking and ponding would be required to accommodate the additional seats that would be housed in the new building. Future parking is proposed across the alley to the west along with a ponding area. Mr. Hickok stated that as part of the alley vacation and with one garage that takes access off the alley, the church had to consider alternatives for bringing access to that home. They have indicated that they will prepare and file an,access easement agreement that will allow access to the lot to the north. With the alley vacated, this would also allow access to the utilities to the north. The alley contains the upright utility poles, and those parties with a utility interest have been notified. Staff have not heard from any of the vendors who have utilities in this area. In the recommendation, staff has asked the church to reserve an easement to allow continued access into this area. The church would recognize that, at this time, the alley being vacated would provide the ability for utility folks to get into the site and would dedicate an easement. As the site develops, they may have to move poles and redefine the easement line. Mr. Hickok stated that with the rezoning, staff analyzed the surrounding uses and the compatibility issues. This area is a mix of R-3, R-2, and some R-1 to the east. This could have gone either way. The language in the R-2 and R-3 is the same as it relates to the church. The recommendation is to rezone the church parcel to R-3, have contiguous R-3 property, and use the standards of the R-3 rather than have two zoning districts. As the site develops, staff recommend the lot be joined for tax purposes. Mr. Hickok stated staff recommends approval of rezoning request, ZOA #98-02, without stipulations. Staff recommends approval of the vacation request, SAV#98-02, with the following stipulations: 1. The petitioners record an easement to allow garage access for the homeowners at 5329 5th Street N.E. 2. The petitioners record an easement over the alley to allow access to the utilities until a new easement is defined as necessary for utility access until the church expansion occurs. 3. The petitioners shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. 4. The petitioners shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. Mr. Hickok stated Amoco has an easement across the southern edge of the property. As we vacate our portion of that interest, there needs to be a new easement applied to the now church property that would allow the Amoco pipeline to continue to be in this area. a PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 12 Mr. Brewster stated the alley is not maintained and is not used by all the property owners on the block. Their proposal is that the entire alley be vacated. Their petition includes the entire block, and they obtained signatures for that. Ms. Savage asked the petitioner if there were any problems with the stipulations. Mr. Brewster stated, no. Their engineering firm has corresponded with the utility companies and Amoco, and would comply with the easement requirements. Mr. Kuechle stated the petitioner indicated that the alley is not used. He asked if the alley was used by the people on the south side. Mr. Brewster stated the church property is located at the south end. On the north end, there are neighbors who use the alley but it is not maintained. Where the alley is used, they maintain it ourselves. Mr. Kuechle stated if the only resident that needs access off the alley was the one that the stipulation is for. Mr. Brewster stated, yes. They have a garage that is used for tools, lawn mowers, etc., but they do not need access. The neighbor who would uses the alley has put in their own driveway to 5th Street but still has access through the alley as well. Ms. Modig asked if there were any complaints or objections from the neighborhood. Mr. Brewster stated they have had questions but have not received any objections to their petition. Ms. Modig asked if staff had received any comments. Mr. Hickok stated, no. Mr. Stimack stated he lives at 5331 5th Street and seems to be the forgotten property owner here. It has been stated this is not a maintained alley but it has been. He bought the property seven years ago. The day of the Halloween snowstorm was his closing day. This alley was the only way to his house, and he could not get in. He did not get help from the City although he made a number of requests for plowing. The neighbors came out and plowed as far as 5329 5th Street, and left an 18-foot pile of snow which really blocked him out. With continuous talks with the City all the way from the truck drivers to the Mayor, he has not gotten any help. He himself has maintained the alley for the last seven years. He has taken money out of his own pocket to have stabilizer put on the alley, has filled holes and ruts, and has been up at 5 a.m. in the winter to maintain access out to the street which he shoveled by hand for the first six years. Mr. Stimack stated the preacher that was at the church before Mr. Brewster took over would plow the end of the alley for him to the existing garage that is part of the church property. When Mr. Brewster took over, he agreed to clear drifts at the very end of the alley after the plow went by. Many times, he has shoveled that alleyway all the way to 53rd. He did not see why he was on the list for the petition. The alley has been his sole R PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 13 entry. His garage enters off the alley behind the 5329 property. That has been his only access for the first 6 years he has lived here. As he stated, he has maintained the alley and has done the snow removal. Mr. Stimack stated last year he got off street access. He got some help from the city when it was their plan to hire a contractor to get the alleys paved. He contacted other contractors but this was the cheapest. He did get a driveway installed for off street access from the front of his house. The fact remains that his garage door faces the alley so he would have to drive between his house and garage into the alley and turn around to enter his garage. This is not feasible but he can do it if need be. The alley is still his main access to the garage. He is opposed to the alley vacation. Mr. Stimack stated, regarding his name on the petition for the alley, when Mr. Brewster came around looking for names, he told Mr. Stimack this was not the petition itself but just a preliminary thing to get it into the city to be heard. As he looks at it, he now realizes this is the petition. He is requesting that his and Ms. Barton's name be removed from the vacation for the alley due to the circumstances described. Mr. Stimack stated he has spoken with Mr. Brewster on several occasions informing him if the alley is closed he would not have enough room to get in there. In order to have permanent off street access, he would have to do some renovation. The garage door would have to be moved to the other side. An existing shed would have be moved with another foundation put in for it. He would need additional pavement because the existing pavement does not go all the way to the garage. Mr. Stimack stated for the past seven years he has maintained the alley. This is set up so that the church can get access to their garage but it would block him out with no justification about what will be done for him. He feels like the forgotten person at the end of the alley. Under these circumstances, he requests his name be removed from the petitioner to vacate the alley. Unless they can renegotiate some issues, he is opposed. These may be minor issues but none have been resolved. Ms. Savage asked if staff had any comments. Mr. Hickok stated he was surprised after seeing the petition signed by all of the property owners. Knowing that Mr. Stimack had a driveway put in, staff did not understand that a problem existed. This does present a problem. Ms. Modig asked what it would take to resolve this issue for Mr. Stimack. What are the issues that he needs to have addressed? Mr. Stimack stated this would require renovation of his garage so he can come off the street into his garage without having to go through the alley. He would need a door put on the other side of the garage. He also has a shed that would have to be moved with a new foundation, and the paving issue because it is not tarred all the way to the garage. Mr. Sielaff asked the location of the driveway. Mr. Stimack stated the driveway goes along the north side of the lot toward the garage. It is wide enough so, if the shed was moved, it could match up to the garage if the doors were moved. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 14 Mr. Kuechle asked why he put the driveway in the front. Mr. Stimack stated he needed off street parking and that was the only way to obtain it. Ms. Modig asked if there is a driveway cut in the front. Mr. Stimack stated, yes, there is a curb cut. Ms. Modig asked that using that cut and if he turned the garage around, would it go straight into the garage? Mr. Stimack stated, yes, with additional pavement and moving the shed. Mr. Sielaff stated he understood Mr. Stimack received a loan from the City to do that. Mr. Stimack stated, yes. They had been looking at paving and found the going rate to be $2.65/square foot. The City had a contractor with a low rate and with a low interest loan, so he decided to go ahead for financial reasons. Unfortunately, the contractor did poor work. If he would have known that, he would have hired a better contractor. That issue also needs to be resolved. Ms. Savage asked staff if there is anything further the City can do with this problem. Mr. Hickok stated this is why the City Council does not like to be in this position. That is why a 100% petition is so important. At this point, it puts everyone in a difficult position. He believes it is an issue between the petitioner and the individual. If the petitioner wants to vacate the alley, the City wants people to have access to their property. Ms. Modig stated it sounds like there is nothing the Planning Commission can do because there is not a 100% petition. Mr. Hickok stated this is correct. With Mr. Stimack taking access from the alley, they would be hard pressed to make a decision without further discussion. Mr. Sellards stated he is Mr. Stimack's neighbor at 5365 and 5357 5th Street. He currently lives in Cottage Grove, and this is now rental property. He lived here before moving. There is access to his property, and that is where the alley ends. Mr. Stimack's house is at the back of the alley so he cannot maneuver. With the driveway, it was the only thing he could do for off street parking. Mr. Sellards stated he did not sign the petition. He opposes the alley vacation because he likes having the access from the alley. His property is a rental property, and the trash service is in the alley and is picked up in the alley. That works nicely because it keeps the property cleaner. Since he is not there everyday to see what is going on, this is not seen on the street. There are other times that, when he does go out there to work, he will go through the alley do whatever work he must do. He did not sign the petition and he likes having access through the alley. He also has maintained the alley by mowing the grass. Mr. Brewster stated it was his understanding when presenting the petition regarding Mr. Sellers as the owner and the tenants that are at the property, they could not get a PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 15 response so they brought the petition with that understanding. They talked with Mr. Stimack and Ms. Barton about various ways they might be able to work out something with them. They are willing to revisit this to comply or make other plans. Ms. Modig stated the easement is for the entire alley. The difficulty lies at the other end. Is it possible to vacate only half of the alley? Mr. Hickok stated the City Council has taken a strong position to not do that. It presents problems. He knows of several situations where this has happened in the past. There are problems because people will drive into others back yards. The City Council has taken a firm position, and that is why they need to know that it is supported. He believed this has too many issues to move forward. MOTION by Mr. Kuechle, seconded by Ms. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:00 P.M. Ms. Modig stated she saw no choice but to table this until the issues are resolved. Mr. Hickok stated the deadline is September 15. This could come back at the Planning Commission meeting on September 2. Mr. Kuechle stated that if they table the issue, the petitioner could choose to withdraw the request and take their chances with the City Council. With the residents along the alley being against the request, the City Council in all probability will not vacate. They almost have to try to get it worked out. He would be in favor of tabling the request to give them a chance to work it out and try to change their strategy in the next few weeks. Mr. Hickok stated that if the Planning Commission denied the request, the petitioner could reapply for the alley vacation and represent their case. Mr. Sielaff stated he would be willing to give them an opportunity to try to work something out in the next few weeks. Ms. Savage stated that if the request is tabled, staff could let the Commission know if there is no resolution and can remove it from the agenda. MOTION by Ms. Modig, seconded by Mr. Sielaff, to table consideration of the Alley Vacation, SAV #98-02, until the September 2 Planning Commission meeting to allow the parties to resolve the issues. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Modig, seconded by Mr. Kuechle, to table consideration of the rezoning request, ZOA#98-02, to the next Planning Commission meeting on September 2. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY OF FRIDLEY PROJECT SUMMARY REZONING REQUEST BY ROSLYN PARK WESLEYAN CHURCH Agenda Item: A licant Gar Brewster Case Number: ZOA #98-02 Application Date: Jul 17, 1998 Staff Reviewer: Scott J. Hickok Meeting Date: September 2, 1998 Fian. September 14,1998 cc City Manager Authgrization: F 60 T7ay 1 ate ember 15, 1998 DESCRIPTION OF REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R- 2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church property to be zoned consistently. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. SUMMARY OF ISSUES: Both Sections 205.08.01.0 and 205.09.01.0 of the Fridley Zoning allow churches as a Special Use Permit. The surrounding land is a mix of R-2 and R-3 properties. Compatibility is a key factor. As either R-2 or R-3 the land passes the test for rezoning. Allowing the rezoning as requested would not be inconsistent with the zoning patterns and existing uses in this area. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of rezoning request ZOA #98-02, without stipulations. RECOMMENDED ACTION: Staff recommends that the City Council hold the public hearing. 12.01 Staff Report ZOA#98-02&SAV#98-02,5300 6"Street NE Page 2 Petition For: A rezoning of property from R-2,Two Family Residential, to R-3, Multi-family Residential. Location of Property: 5315 5th Street N.E. and 5300 6th Street N.E. Legal Descript. of Property: Lots 11-21, Block 15, Hamilton's Addition to Mechanicsville Lot Size: 60,131.2 s.f., 1.38 acres Topography: Relatively flat Existing Vegetation: Urban Landscape Existing Zoning/ Platting: R-3, General Multiple Unit/ R-2, Two Family Unit Availability of Municipal Utilities: Utilities available Vehicular Access: 53rd Avenue N.E. and 6th Street. Pedestrian Access: NA Engineering Issues: A storm pond will be required as part of the master plan for this site. Calculations and pond design will be required prior to the first building permit to be issued on this project. Comp. Plan Issues: The zoning and use of this land are consistent with the Comprehensive Plan. Public Hearing Comments: To be taken 12.02 Staff Report ZOA#98-02&SAV#98-02, 5300 6`h Street NE Page 3 Site Planning Issues: ADJACENT SITES NORTH: Zoning: R-1,Single Family Land Use: 1 and 2 Family Residential R-2, Two Family EAST: Zoning: R-2, Two Family Land Use: 1 and 2 Family Residential SOUTH: Zoning: City of Columbia Heights Land Use: Residential (single and multiple) WEST: Zoning: R-3, Multi-Family Residential Land Use: Residential, Primarily Single Family DEVELOPMENT SITE REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R-2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church property to be zoned consistently. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. SITE DESCRIPTION/HISTORY Hamilton's Addition to Mechanicsville was platted in 1886 On August 7, 1956 a building permit was issued to construct the Roslyn Park Church. On March 15, 1965 a building permit was issued to create the Parsonage. The parsonage is on a parcel that is zoned R-3. The Church is on a parcel that is zoned R-2. As a result, the petitioner has requested a rezoning of the R-2 property to R-3. Both districts allow churches as a special use. The language regarding churches is identical in the two districts. However, staff has taken the same approach to analyzing this request as if another R-3, Residential use were being considered. Evaluation of the Rezoning Criteria Compatibility of the proposed use with the proposed district. The proposed use of the site is to provide for future expansion of the church and associated parking. Compatibility of the proposed district with adjacent uses and zoning. The proposed district, R-3, General Multiple Units District is compatible with adjacent uses and zoning. 12.03 Staff Report ZOA#98-02&SAV#98-02, 5300 611 Street NE Page 4 The use of the subject parcel as it is currently zoned would not be limited(for the intended purpose) by its zoning. However, other idiosyncrasies about two zoning classifications make rezoning an attractive option. Compliance of the proposed use with the proposed district requirements Setbacks The future site plan meets the minimum requirements of the R-3, General Multiple Unit District requirements, if the alley were vacated and lots consolidated. Drainage The engineering department will require that the drainage plan meet the requirements of the Six Cities Watershed Management Organization. Storm water will be required to be managed on site and then released into the storm water system located adjacent to the site. Landscaping A future landscape plan would be required. Final landscape plans must meet or exceed the requirements of the C-2 District. Also, the parking lot will require additional plantings to provide additional screening of the parking lot from the public right-of-way. Building Materials Code requires that commercial buildings be constructed of masonry units specifically designed as finished exterior surfaces. These materials include: brick, rock face block, etc. The future building addition will be of materials to blend with the original architecture of the church. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of rezoning request ZOA #98-02, without stipulations. RECOMMENDED ACTION: Staff recommends concurrence. 12.04 THE MINUTES OF THE REGULAR MEETING OF TH FRIDLEY CITY COUNCIL OF OCTOBER 5, 1998 The Regular Meeting of the Fridley City Council was ailed to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audienc in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billin , and Councilmember Bolkcom MEMBERS ABSENT: C ncilmember Schneider PROCLAMATIONS: Cities Week: October - 11 1998: Mayor Jorgenson rea a proclamation declaring the week of October 5 - 11, 1998 as Cities Week in the City of Fridle . APPROVAL O MINUTES: CIT COUNCIL MEETING - SEPTEMBER 28, 1998: MOTIO by Councilmember Bolkcom to approve the minutes of the September 28, 1998 meeting s presented in writing. Seconded by Councilmember Billings. UPO A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DE LARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. SECOND READM OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRI LEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS REZO ING REQUEST, ZOA #98-02 BY ROSLYN PARK WESLEYAN CHURCH WARD 1): Mr. Burns, City Manager, exp ined that the petitioner, Gary Brewster, is requesting that approximately one-half of the ch ch property located at 5315 Fifth Street and 5300 Sixth CITY COUNCIL MEETING OF OCTOBER 5, 1998 PAGE 2 Street be rezoned from R-2 and R-3 to R-3. The rezoning would bring the entire church property under R-3 zoning. The rezoning request would facilitate long-range plans for expansion of the church. The first reading of this ordinance was approved by Council at their September 14 meeting. APPROVED ORDINANCE NO. 1119 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING' REQUEST ZOA #98-02, BY ROSLYN PARK WESLEYAN CHURCH)(WA�tD 1). 2. RESOLUTION NO 67-1998 APPROVING A VACATION, SAV #98-02, GENERALLY LOCATED AT 5300 SIXTH STREET N.E. (BY ROSLYN PARK WESLEYAN CHURCH)(WARD 1)(TABLED SEPTEMBER 14, 1998): Mr. Burns, City Manager, explained that the petitioner is requesting that the City vacate an alley that bisects the church property to facilitate future expansion of the church. The request was tabled at the September 14 City Council meeting at the petitioner's request, to allow additional time to re-word the stipulations to simplify the recording process at Anoka County. Changes were made as follows: 1) Stipulation No. 1 was modified in a manner that eliminated references to specific addresses. The new language requires that an easement be maintained for those needing access; 2) Stipulation No. 2 was re-worded to state that the City will retain an easement for utility purposes, 3) Stipulation No. 3 was eliminated. At such time as the City's utility easement is vacated, the City will have the ability to require a new easement; 4) Stipulation No. 7 was refined to clarify the church's "hold harmless" requirement. The intent is that the church hold the City harmless for injuries or damages sustained during construction; 5) Other changes related to the re-ordering of the eleven stipulations. ADOPTED RESOLUTION NO. 67-1998, APPROVING A VACATION, SAV #98-02, GENERALLY LOCATED AT 5300 SIXTH STREET N.E. (BY ROSLYN PARK WESLEYAN CHURCH). 3. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 83130 - 83390. 4. LICENSES: APPROVED LICENSES AS LISTED ON PAGES 4.01 AND 4.02 OF THE COUNCIL AGENDA. CITY COUNCIL MEETING OF OCTOBER 5, 1998 PAGE 2 Street be rezoned from R-2 and R-3 to R-3. The rezoning would bring the entire church property under R-3 zoning. The rezoning request would facilitate long-range plans for expansion of the church. The first reading of this ordinance was approved by Council at their September 14 meeting. APPROVED ORDINANCE NO. 1119 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING\ REQUEST ZOA #98-02, BY ROSLYN PARK WESLEYAN CHURCH)(WA\\�D 1). 2. RESOLUTION NO. 67-1998 APPROVING A VACATION, SAV #98-02, GENERALLY LOCATED AT 5300 SIXTH STREET N.E. (BY ROSLYN PARK WESLEYAN CHURCH)(WARD 1)(TABLED SEPTEMBER 14, 1998): Mr. Burns, City Manager, explained that the petitioner is requesting that the City vacate an alley that bisects the church property to facilitate future expansion of the church. The request was tabled at the September 14 City Council meeting at the petitioner's request, to allow additional time to re-word the stipulations to simplify the recording process at Anoka County. Changes were made as follows: 1) Stipulation No. 1 was modified in a manner that eliminated references to specific addresses. The new language requires that an easement be maintained for those needing access, 2) Stipulation No. 2 was re-worded to state that the City will retain an easement for utility purposes; 3) Stipulation No. 3 was eliminated. At such time as the City's utility easement is vacated, the City will have the ability to require a new easement; 4) Stipulation No. 7 was refined to clarify the church's "hold harmless" requirement. The intent is that the church hold the City harmless for injuries or damages sustained during construction; 5) Other changes related to the re-ordering of the eleven stipulations. ADOPTED RESOLUTION NO. 67-1998, APPROVING A VACATION, SAV #98-02, GENERALLY LOCATED AT 5300 SIXTH STREET N.E. (BY ROSLYN PARK WESLEYAN CHURCH). 3. CLAIMS: APPROVED PAYMEN, OF CLAIM NOS. 83130 - 83390. 4. LICENSES: APPROVED LICENSES AS LISTED ON PAGES 4.01 AND 4.02 OF THE COUNCIL AGENDA. THE MINUTES OF THE REGULAR MEETING OF TH FRIDLEY CITY COUNCIL OF OCTOBER 5, 1998 The Regular Meeting of the Fridley City Council was alled to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audienc in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billin , and Councilmember Bolkcom MEMBERS ABSENT: C ncilmember Schneider PROCLAMATIONS: Cities Week: October - 11 1998: Mayor Jorgenson rea a proclamation declaring the week of October 5 - 11, 1998 as Cities Week in the City of Fridle . APPROVAL O MINUTES: CIT COUNCIL MEETING - SEPTEMBER 28, 1998: MOTIO by Councilmember Bolkcom to approve the minutes of the September 28, 1998 meeting s presented in writing. Seconded by Councilmember Billings. UPO A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DE LARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS REZO ING REQUEST, ZOA #98-02 BY ROSLYN PARK WESLEYAN CHURCH WARD 1): Mr. Burns, City Manager, exp ined that the petitioner, Gary Brewster, is requesting that approximately one-half of the ch ch property located at 5315 Fifth Street and 5300 Sixth City of Fridley ORDINANCE NO.1119 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING ICTS IN ZONING DISTR The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 11, 12, 13, 14, and15, Block 15, Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder,generally located at the northwest corner of 53rd Avenue Natand tBte Stoning SECTION 3. Administrator is directed to change the offi- cial zoning map to show said tract or area to be rezoned from ZonedDistrict R-2, Two Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITYOF FRIDLEY THIS 5th DAY OF OCTOBER,1998. NANCY J.JORGENSON-MAYOR ATTEST: DEBRA A SKOGEN-CITY CLERK (October 15,22, 1998)Columbia Heights, Blaine, Fridley.. Hilltop, Spring Lake Focus News 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 follows: SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 11, 12, 13, 14, and15, Block 15, Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder, generally located at the northwest corner of 53d Avenue NE and 6th Street. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2, Two Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1998. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A.SKOGEN - CITY CLERK Public Hearing: September 14, 1998 First Reading: September 14, 1998 Second Reading: September 28, 1998 Publication: October 8, 1998 16.02 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 follows: SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 11, 12, 13, 14, and15, Block 15, Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder, generally located at the northwest corner of 53`d Avenue NE and 6th Street. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2, Two Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1998. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A SKOGEN - CITY CLERK Public Hearing: September 14, 1998 First Reading: September 14, 1998 Second Reading: October 5, 1998 Publication: October 15, 1998 C11Y OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612)571-3450• FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 27, 1998 Roslyn Park Wesleyan Church Gary Brewster 5300 6`h Street NE Fridley MN 55421 Dear Mr. Brewster: On October 5, 1998, the Fridley City Council officially approved your request for a Rezoning Request (ZOA #98-02), to rezone approximately one-half of the church property from R-2 and R-3 to R-3, with no stipulations, and also approved a Vacation (SAV #98-02), for the City to vacate an alley that bisects the church property to facilitate future expansion of the Church, generally located at 5300 6`h Street, with the following stipulations: 1. That the City of Fridley does hereby retain an easement for utility purposes over and across said lands, including the right to enter upon said lands to maintain, repair, replace, remove, or otherwise attend to existing utilities; 2. That the City of Fridley does hereby retain a temporary easement for ingress and egress across said lands, said easement to continue in full force and effect until an access easement has been provided to the City across Lots 20 and 21, Block 15, and an improved surface constructed within said easement in accordance with a plan to be submitted and approved by the City. 3. The petitioner shall apply for and receive a special use permit prior to expansion of their church facility. 4. The petitioner shall provide an easement to provide Amoco continued rights across the former alley. 5. The petitioner shall not alter the alley across their property , or in any way limit access by adjacent property owners, until the new access has been completed. 6. The petitioner shall provide the improved asphalt or concrete access to 5" Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall hold harmless the City from any damage or injury that occurs during the reconstruction of the alley. 8. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 9. The petitioner shall receive approval for the turning radius which is to be adequate to handle emergency vehicles. 10. The alley shall be sufficiently labeled to prevent the entrance from being blocked. If you have any questions regarding the above action, please call me at 572-3590. SiDcerel , !Barbara Dacy, AICP l Community Development Di or B D/jt Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 5, 1998. JV, Concur with ction taken. O,5 /�� Ct)e3��yaAt auPZ4 C-98-198 CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 - FAX(763)571-1287 - TTD/TTY(763)572-3534 CITY COUNCIL ACTION TAKEN NOTICE May 11, 2005 Dale Christiansen Roslyn Park Wesleyan Church 5300-6th Street NE Fridley, MN 55421 Dear Mr. Christiansen: On Monday, May 9, 2005, the Fridley City Council officially approved your request for a Final Plat, PS # 05-01, Resolution #2005-21, to subdivide the property to allow the creation of two single family lots and a separate lot for the church property, generally located at 5300-6th Street, legal description is listed below: Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, Block 15, Hamilton's Addition to Mechanicsville, according to the plat on file and or record in the office of the Register of Deeds in and for Anoka County and State of Minnesota. Subject to a reservation to the State of Minnesota in trust for the taxing districts concerned of all minerals and mineral rights in all of said property as provided by law. That part of the vacated alley in Block 15, Hamilton Addition to Mechanicsville, Anoka County, Minnesota, lying southerly of the westerly extension of the north line of Lot 11, said Block 15, and lying northerly of the westerly extension of the south line of Lot 15, said Block 15, subject to an easement for utility purposes and stipulations in favor of the City of Fridley, as set forth in Resolution No. 67-1998, filed April 25, 2000 as document No. 352743. Approval of this Final Plat is contingent upon the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. Action Taken Letter-PS 05-01 - Roslyn Church Page 2 May 11, 2005 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5th Street shall be made accessible by construction of an approved surface driveway and the filing of an easement for access from Lot 1, or a new driveway and garage( with direct access from 5th Street) shall be constructed within one year of final plat approval. 6. Proof of Parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. If you have any questions regarding the above action, please call me at 763-572-3590. Sincere?f So, Hickok C muni Development Director SH/jb cc: Iowa-Minnesota District of Wesleyan Church Plat File Address File Assessing Dept. GIS Dept. Special Assessing-Greg Building Department ;_,' Julie Jones Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by May 27, 2005 Concur with action taken. C-05-26