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03/13/1991 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MARCH 13, 1991 7:30 P.M. Public Planning Commission INEMMI City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, MARCH 13 , 1991 7:30 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: February 20, 1991 PUBLIC HEARING: Consideration of amending Chapter 205 of the Fridley City Code, entitled "zoning", by amending Sections 205.03, "Definitions", and Section 205. 07, "R-1, One Family Dwelling District Regulations" (Accessory Apartments) PUBLIC HEARING: Consideration of a Preliminary Plat, P.S. #91-01, by Milestone Hotel Investments, Inc. , to replat part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. Consideration of a Lot Split, L.S. #91-02, by Milestone Hotel Investments, Inc. , to split off part of Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, into two separate parcels described as Parcel A and B, generally located at 5201 - 5275 Central Avenue N.E. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF FEBRUARY 4, 1991 RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF FEBRUARY 7, 1991 RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF FEBRUARY 14, 1991 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF FEBRUARY 19, 1991 OTHER BUSINESS: Receive comments on preliminary design of LRT stations and line ADJOURN: ( i t 1 CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRUARY 20, 1991 CALL TO ORDER: Chairperson Betzold called the February 20, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Connie Modig, Brad Sielaff, Larry Kuechle (for Diane Savage) Members Absent: None Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Mary Nelson, 600 Buffalo Street N.E. Steve Weisenberger, ABRA Jim Benson, Chase Company Charles Seykora, Barna, Guzy & Steffen Law Firm APPROVAL OF FEBRUARY 6, 1991, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the February 6, 1991, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-02 , BY VANCE AND MARY NELSON: Per Section 205.24.04. (D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, River-view Heights, the same being 600 Buffalo Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated that the special use permit is to allow the construction of an attached garage and additional living PLANNING COMMISSION MEETING, FEBRUARY 20, 1991 PAGE 2 area in the CRP-2, Flood Fringe, District. The property is located on the southwest corner of the intersection of Buffalo Street and Broad Street in the Riverview Heights area. The property is zoned R-1, Single Family Dwelling, as are the parcels surrounding it. Ms. McPherson stated that currently located on the lot is a single family dwelling unit and a detached two-car garage located in the south portion of the lot. The existing garage will be removed once the addition is completed. The proposed addition will include three bedrooms, a bath, and an open play area on the second floor which will be over the garage, storage, and laundry and shop areas. Ms. McPherson stated the Department of Natural Resources reviewed the proposed floor plan. The living area will be above the 100 year flood elevation of 823 feet. However, the storage and garage and shop area will be below the flood elevation. This is permitted by code and also by the Department of Natural Resources. Ms. McPherson stated the Department of Natural Resources expressed concern regarding the shop area, that the petitioners and flood insurance company could incur a larger loss if expensive materials are stored in the shop area. Ms. McPherson stated the shop area is also large enough so that it could be converted to habitable living space. As the floor elevation would be below the 100 year flood elevation, that would be in violation of code. Staff has proposed that the addition could be constructed such that this portion of the house could be constructed on stilts; thereby eliminating the need for the enclosed shop area. However, if the petitioners prefer to have the shop area as proposed, staff is recommending a stipulation on the special use permit such that they should agree to sign an agreement prohibiting this area from being converted to living area and to hold the City harmless should any expensive equipment be lost in a future flood. Ms. McPherson stated staff recommends that the Planning Commission recommend to the City Council approval of the special use permit with the following stipulations: 1. The addition shall be floodproofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. PLANNING COMMISSION MEETING, FEBRUARY 20, 1991 PAGE 3 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area and, in addition, agrees that the shop area shall not be converted to habitable living area. 4. The driveway shall be paved by November 1, 1991. Ms. McPherson stated that in speaking with the petitioners, they currently have a hard surface asphalt driveway, and the petitioners have indicated that the asphalt driveway will be converted to a concrete driveway once the addition is completed. Stipulation #4 is unnecessary. Mr. Betzold stated that regarding stipulation #3, he thought it might be better to split that into two stipulations as it is talking about two different agreements. The other concern he had is about the hold harmless agreement relating to the equipment. In past instances when they have had requests to build in the flood plain area, the Commission has stipulated hold harmless agreements for the whole building, so that the City can't be held liable because a person(s) was allowed to build in the flood plain area. Can they expand that stipulation beyond the equipment to any damage done to the property? Ms. Dacy stated she believed that in some other instances, that stipulation was placed on brand new construction. If the Commission wants to stipulate that the hold harmless agreement would pertain to the entire existing house and to the property, that could probably be done. Staff's attention was focused on the shop area. Mr. Kondrick asked if any of the neighbors have voiced any opposition to this special use permit request. Ms. McPherson stated staff has not received any calls. Ms. Mary Nelson, 600 Buffalo Street, stated that when they first started this project, they realized that there were codes pertaining to the flood zone, so they hired a designer to work with the City to design an addition that would meet the codes as best as possible. Ms. Nelson stated they have an area on the deck designated for a future screened-in porch. They have no intention of using the shop area for anything but a work area. They would be more than happy to sign an agreement to waive the City of any liability. Ms. Nelson stated the reason for their proposal is because her children, who usually spend summers with her, decided at PLANNING COMMISSION MEETING, FEBRUARY 20, 1991 PAGE 4 Christmas to come and live with her permanently. They decided they did not want to change school districts, and they also want to stay because this is such a beautiful area. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #91-02, by Vance and Mary Nelson, per Section 205.24.04. (D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heights, the same being 600 Buffalo Street N.E. , with the following stipulations: 1. The addition shall be floodproofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area or the shop area itself. 4. The petitioner shall sign and record against the property an agreement that the shop area and garage area shall not be converted to habitable living area. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on March 4, 1991. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-03 , BY STEVE WEISENBERGER FOR ABRA: Per Section 205.15.01.C. (8) of the Fridley City Code, to allow exterior storage of materials and equipment on Lot 4, Block 2, East Ranch Estates Second Addition, generally located at 7710 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. PLANNING COMMISSION MEETING, FEBRUARY 20, 1991 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:45 P.M. Ms. McPherson stated ABRA Auto Body Refinishers of America is requesting a special use permit to change stipulation #1 from their original special use permit to allow a repair garage, which was issued on July 6, 1987, which prohibited the outside storage of damaged vehicles, parts, and equipment. Ms. McPherson stated the property is zoned C-3, General Shopping Center. There is additional C-3 zoning to the north and south, with M-2, Heavy Industrial, zoning to the west. The City of Spring Lake Park is located across University Avenue to the east. Ms. McPherson stated the petitioner is proposing to expand and then enclose the parking area to store damaged vehicles, parts, and equipment. The City Code does allow outside storage of materials and equipment in this district with a special use permit, and the City recently issued an outdoor storage special use permit to Northtown Nissan which is directly north of the parcel. The Northtown Nissan storage area is fenced but it does not have slatting or screening. The proposed storage area by ABRA would be paved and have some type of screening fence. Ms. McPherson stated the petitioner did agree in 1987 that there would not be any outdoor storage; however, the petitioner has been storing damaged vehicles in the parking area over the last six months. In addition to storing the vehicles outside, the petitioner has failed to complete stipulation #9 from the original special use permit, which required that the dumpster be stored inside or be enclosed in a masonry structure compatible with the existing structure. Ms. McPherson stated that since the City has issued special use permits for outdoor storage in this area, staff recommends that the Planning Commission recommend to City Council approval of the special use permit request with the following stipulations: 1. The parking area shall be expanded and paved with curbing. 2. A six foot high screening fence shall be constructed to enclose the storage area. 3 . Stipulation #9 from SP #87-11 to enclose the dumpster shall be completed. PLANNING COMMISSION MEETING, FEBRUARY 20. 1991 PAGE 6 4. A performancebond in the amount of 3% of the construction costs osts of the outdoor improvements shall be issued to the City. Mr. Jim Benson, Chase Company, stated he is the original developer of the property and is representing ABRA. Steve Weisenberger of ABRA is also at the meeting. He stated the petitioner agrees with the staff report, and they are at the meeting to answer questions. Mr. Kondrick asked how the City can be assured that ABRA will comply with the special use permit and the stipulations. Ms. Dacy stated that is part of the purpose for the performance bond. The other vehicle is that if ABRA does not meet these stipulations, then the Council always has the right to hold a revocation hearing and revoke the special use permit. She stated staff could also inspect the site in July or August to determine whether or not ABRA is in compliance with the stipulations. Mr. Benson stated that ABRA is 5 1/2 years old. They started in Fridley at the University Avenue Business Center. They now have 14 locations throughout the metropolitan area. Their first building was the first prototype building. In 1987, ABRA was sure they could do everything inside the prototype building and meet all the stipulations. As the business grew, the first prototype building became inadequate so they built bigger buildings on a bigger piece of land. Fortunately, this piece of land is bigger than they originally needed, so the additional land is now available. In order to stay in compliance with the original stipulation, which is not to have an unsightly facility, ABRA is requesting this special use permit for exterior storage. Ms. Modig asked why ABRA has not been in compliance regarding the dumpster. Mr. Benson stated the dumpster was originally inside the building. They found that did not work well and that the dumpster was not an appropriate dumpster because it was on rollers. They also needed to go to a larger dumpster, and bigger dumpsters do not come on rollers and are very difficult to get in and out of a building. He was not sure at what point the dumpster was put outside the building, but this special use permit request is also to satisfy the stipulation of the original special use permit and put the dumpster into a concrete structure. Mr. Sielaff stated it appears that the Code Enforcement Officer, Steve Barg, talked to ABRA twice and conducted a PLANNING COMMISSION MEETING, FEBRUARY 20, 1991 PAGE 7 number of reinspections. Why was that necessary to get compliance? Mr. Benson stated he believed at the time the City raised the issue, ABRA started looking at alternatives. That process took a little longer than the City would have liked, and he apologized for that. But, ABRA is here to comply with all stipulations, and they want to be a good neighbor in the City of Fridley. Mr. Kondrick stated that the performance bond in the amount of 3% does not amount to much, and it does not provide much incentive for compliance. Mr. Saba stated that in 1987 when ABRA came before the Commission for a special use permit, they told the Commission that the type of repair work done would be light body work and basically painting. Now they are doing heavy body work. He is concerned that there will be severely damaged vehicles packed into that storage area which will be visible from the University Avenue. Mr. Benson stated the fence will be completely opaque and 6 feet high, so the vehicles will not be visible. There are certain times of the year when there is more of an overflow of damaged vehicles than other times of the year. He believed Steve Weisenberger, Manager of ABRA, understands very well that if he continues to violats the special use permit that he is jeopardizing that special use permit. ABRA is a good company. He works with them every day, and they have no intention to get the special use permit passed and then go on as before. They have an attractive facility, and they want to keep it that way. Mr. Sielaff asked if the proposed storage area is large enough to accommodate ABRA's needs. Mr. Weisenberger stated he believed this area would be adequate. The outdoor storage area will be just for cars they cannot get inside the building. Right now is their busiest season, and they have about 10-15 cars outside. Those are cars that are in process and are not there for long periods of time. During the summer, they can usually get all the cars inside the building. MOTION by Mr. Kondrick, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:05 P.M. PLANNING COMMISSION MEETING, FEBRUARY 20, 1991 PAGE 8 Mr. Kondrick stated that if the petitioner complies with he special use permit and the stipulations, that is fine; but ABRA should be put on notice that if they do not comply this time, the City will be monitoring them closely. Mr. Kuechle stated he did not believe a performance bond in the amount of 3% is adequate. He would be in favor of raising the performance bond to 10%. Ms. Sherek agreed. It should either be a higher percentage or a flat minimum. Mr. Saba and Mr. Kondrick also agreed. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of special use permit, SP #91-03, by ABRA Auto Body Refinishers of America, with the following stipulations: 1. The parking area shall be expanded and paved with curbing. 2 . A six foot high screening fence shall be constructed to enclose the storage area. 3. Stipulation #9 from SP #87-11 to enclose the dumpster shall be completed. 4. A performance bond in the amount of 10% of the construction costs of the outdoor improvements shall be issued to the City. Mr. Kondrick stated that it is the opinion of the does Planning nng Commission that they will be very angry if ABRAcomply, and they want ABRA to understand that they must meet these stipulations or else. Mr. Sielaff stated he is bothered by the past noncompliance, but with the increased performance bond plus more frequent inspections by the City, he could vote in favor of the special use permit request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold stated this item will also to go the City Council on March 4, 1991. PLANNING COMMISSION MEETING, FEBRUARY 20, 1991 PAGE 9 3. CONSIDERATION OF A LOT SPLIT. L.S. #91-01. BY CHARLES SEYKORA: To split off that part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, which lies southeasterly of a line 3.5 feet northwesterly of and parallel with the southeast line of said Lot 6, and combine it with Lot 7, generally located at 7836 and 7830 Alden Way N.E. Ms. McPherson stated the petitioner is proposing to split 3.5 feet of Lot 6 to combine it with Lot 7, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7836 and 7830 Alden Way. Both properties are zoned R-1, Single Family Dwelling, and abut the Mississippi River bluff line and overlook Riverview Heights Park and the Mississippi River to the west. Ms. McPherson stated the proposed lot split is to correct an encroachment of a sidewalk from Lot 7 onto Lot 6. The 3.5 feet will not adversely impact either lot regarding lot width or lot area. Ms. McPherson stated staff recommends that the Planning Commission recommend to City Council approval of the lot split with one stipulation: 1. The portion to be split shall be combined with Lot 7 and expressed on one tax statement. Mr. Charles Seykora stated he does not own either property. He is an attorney retained by Universal Title Insurance Company, because Mr. John Meador's sidewalk encroached onto the property next door. He is representing Mr. Meador (7830 Alden Way) to try to correct his encroachment problem. Staff has made a very good analysis of what is involved. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of lot split, L.S. #91-01, by Charles Seykora, to split off that part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, which lies southeasterly of a line 3.5 feet northwesterly of and parallel with the southeast line of said Lot 6, and combine it with Lot 7, generally located at 7836 and 7830 Alden Way N.E. , with one stipulation: 1. The portion to be split shall be combined with Lot 7 and expressed on one tax statement. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Betzold stated this item will go to City Council on March 4, 1991. PLANNING COMMISSION MEETING. FEBRUARY 20. 1991 PAGE 10 4. RECEIVE JANUARY 10, 1991, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the January 10, 1991, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE JANUARY 15, 1991, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the January 15, 1991, Environmental Quality and Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE FEBRUARY 5, 1991, APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the February 5, 1991, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Sielaff, seconded by Ms. Modig, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the February 20, 1991, Planning Commission meeting adjourned at 8:15 p.m. Respectfully sub tted,/ yn Saba Recording Secretary Community Development Department PLANNING DIVISION City of Fridley DATE: March 8, 1991 TO: Planning Commission Members FROM: Barbara Dacy, Community Development Director SUBJECT: Proposed Ordinance Amendment Regarding Accessory Apartments Previous Action On November 14, 1990, the Planning Commission directed staff to prepare an ordinance amendment which would permit accessory apartments, but place a number of specific requirements on the operation and function of the apartment. The Planning Commission asked us to investigate with the City Attorney's office whether or not the City could require a license for unrelated individuals only and not a person related by blood or marriage. Attached is the City Attorney's opinion dated December 13 , 1990 stating that such a license procedure is possible. Proposed Ordinance The intent of the ordinance is to provide a set of standards and a process to permit an accessory apartment to be created within a single family home so that it would not adversely affect the character of the single family district in which it is located. Changing demographics in our society indicate that household sizes are becoming smaller, but at the same time, available housing is not affordable. Some of these issues have already been exemplified in the testimony before the Planning Commission at the October and November meetings. For example, elderly persons may want to rent out part of their home to an individual in order to be eligible for State assistance. The Human Resources Commission reviewed the proposed ordinance amendment and had a number of recommendations: 1. The number of bedrooms per accessory apartment should be limited to one bedroom. . Accessory Apartments March 8, 1991 Page 2 2. The accessory apartment could not be rented to no more than two adults, and no more than three occupants. 3. The license may not be issued if there have been a number of substantiated public nuisance complaints within the prior year. 4 . The license must be posted in a public place of the residence. The Human Resources Commission also discussed and debated whether or not a special use permit versus a license should be used. Although a special use permit could be required, the license option is recommended. The standards in the ordinance would have to be met, otherwise, the license would not be issued. Also from an administrative standpoint, the license would have to be received on an annual basis. The owner would have to verify each year the number and names of tenants that are occupying the accessory apartment. The commission had inquired if the license would be issued to the owner and the tenant only, and that when the tenant changes, a new license would need to be issued. From an administrative and a consistency standpoint, because we require licenses on an annual basis for other types of rental units, requiring a license for changes of tenancy beyond the annual process would make the administration process more difficult. Also attached is a portion of the existing code on licensing rental properties. It requires posting of the license which was also requested by the Human Resources Commission. The Human Resources Commission also wanted a statement prohibiting issuance of a license if substantial public nuisance complaints have been filed. We are currently checking to see if the section regarding revocation already enables the City to do so. Therefore, we have amended the public hearing notice to include not only the Human Resource Commission's recommendations, but also the City Attorney's. Recommendation The Planning Commission should review the proposed ordinance and make any recommended changes. If approved, the item would be brought to the City Council for public hearing in April 1991. BD/dn M-91-167 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, March 13, 1991 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205. 03, "Definitions", and Section 205.07, "R- . i, One Family Dwelling District Regulations", as follows: Section 205.03. DEFINITIONS 205. 03 . 01 Accessory Apartment. A dwelling unit that is contained within the structure of a one family dwelling and clearly subordinate to the principal use of the structure as a one family dwelling. 205. 03 .23 Dwelling, Multiple. A building or portion thereof designed for occupancy by two (2) or more families living independently of each otherin separate dwelling units. 205. 03 . 24 Dwelling, One-Family. A detached building designed exclusively for occupancy by one (1) family. 205. 03 .25 Dwelling, Two-Family. A building designed exclusively for occupancy by two (2) families living independent of each other-and containing two (2) dwellinq units. 205. 03 .26 Dwelling Unit. 'ding complete independent living facilities for olccping, sating, cooking, and sanitation.One or more rooms connected together, but which are separated from any other dwellinq unit in the same building, which rooms constitute a separate, independent unit with cooking and bathroom facilities and areas for living and sleeping, and used for residential purposes. 205.07. R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in R-1 Districts: (2) Single family attached development as per conditions under Section 205. 11 of this Code. B. Accessory Uses. (4) The following are accessory uses in R-1 Districts: 1f) Accessory apartments subject to the following standards: ,(1) Accessory apartments shall be located in single family dwellings only; 12) The one family dwelling must be owner occupied with the owner residing in either the primary or accessory unit on a continuous basis except for temporary_ absences. There shall be no separate ownership of the accessory apartment; (3) No more than one accessory apartment per one family dwelling is permitted; (4) The accessory apartment must comply with applicable building, fire, electrical, plumbing, heating, and related codes of the City; (5) If a separate entrance is provided to the accessory apartment, it shall be located on the side or rear of the house; exterior stairways shall not be allowed unless required by the Uniform Fire Code; 16) There shall be no substantial exterior architectural changes to the home such that the home appears to be a two family_ dwelling including, but not limited to, separate curb/driveway entrances, separate entrances on the front of the one family dwelling, separate water and sewer connections; /7) The floor area of the accessory apartment cannot equal or exceed the floor area of the primary living area of the dwelling; (8) If the accessory apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 220. 13 of the City Code; (9) Adequate off-street parking shall be provided for both units with such parking to be in a garage, carport. or on a paved area; (10) There shall be no more than one (1) bedroom within the accessory apartment; (11) The maximum number of occupants of the accessory apartment shall not exceed two adults. and no more than three occupants. (12) Any accessory apartment within a one family dwelling that is in existence at the time of the adoption of this ordinance shall be deemed conforming if it is in compliance with the standards outlined above. Amending Chapter 220 of the Fridley City Code, entitled "Residential Rental Property and Condominium Common Area Maintenance" by amending Section 220. 13, "Licensing", as follows: Section 220. 13 LICENSING 220. 13 .01 Requirement. To allow for a systematic enforcement of this Chapter upon residential rental property, and condominiums, no person shall operate a residential rental property, and condominiums without first having obtained a license to do so from the City as hereinafter provided. In the case of rental of an accessory_ apartment, licenses are required only if the apartment is to be rented to individuals unrelated by blood or marriage to the owner. License renewals shall be filed at least 30 days prior to the license expiration date. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 27, 1991 March 6, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. B. Every dwelling unit within a dwelling or condominium shall be provided with a smoke detector, detecting products of combustion other than heat, and conforming to the requirements of the Underwriters Laboratories or approved by the International Conference of Building Officials. When actuated, the detector shall provide an alarm in the dwelling unit. 3. Fire Protection System. • All fixed and portable fire protection systems and appliances must be accessible and maintained for immediate emergency use. 4. Prohibiting Inside Connection of External Appliances. It shall be unlawful for an owner of a residential rental property or condominium to allow electrical drop cords , extension cords or any electrical wire to run from any electrical outlet from inside the dwelling or dwelling unit for service to an electrical appliance outside of the dwelling or dwelling unit. 220.13. LICENSING Licensing 1. Requirement. To allow for a systematic enforcement of this Chapter upon residential rental property and condominiums, no person shall operate a residential rental property or condominium without first having obtained a license to do so from the City as hereinafter provided. License renewals shall be filed at least 30 days prior to the license expiration date. 2. Conformance. No operating license shall be issued or renewed unless the residential rental property or condominium conforms to the ordinances of the City and the laws of the State of Minnesota. 3. Fees. The annual license fee and expiration date shall be as provided in Chapter 11 of the City Code. 4. Owner or Agent to Apply. License application or renewal shall be made by the owner or the owner's agent. Application forms may be acquired from and subsequently filed with the City. 5. Agent Required. No operating license shall be issued to an owner who does not reside in either Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington County unless the owner designates in writing, to the City, the name of an agent who resides in either Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or 220-13 EXISTING LICENSING ORDINANCE 220.14.1 Washington County. The designated agent shall be responsible for maintenance and upkeep; legally constituted and empowered to receive any ' notification of City ordinance violations; authorized to institute remedial action to effect such orders; and accept all service or process pursuant to law. This requirement may be waived if, in the City's determination, the owner not living in one of the aforementioned counties, is nonetheless sufficiently accessible for the purposes of this Chapter. The City shall be notified in writing of any change of agent. 6. Inspection. s? \ No operating license shall be issued or renewed unless the owner agrees in the application to permit inspections pursuant to Section 220.14 of this Chapter. 7. Posting of License. Every licensee shall cause to be conspicuously posted in the main entry way of the dwelling, or other conspicuous location therein, the current license for the dwelling. 8. Transferability. No operating licens e shall be transferable. Every person holding an operating license shall give notice in writing to the City within five (5) business days after having legally conveyed or otherwise disposed of the legal control of any licensed property. Such notice shall include the name and address of the person succeeding to the ownership or control of such residential rental property or condominium. 9. Suspension or Revocation. t the Every operating license issued under provisions of this Chapter is subject to suspension or revocation by the City Council should the licensee or the duly authorized agent fail to operate or maintain the licensed residential rental property or condominium therein consistent with the provisions of the codes of the City and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated dwellings or dwelling units until such time as a valid operating license may be restored by the City Council. 220.14. ADMINISTRATION Administration 1 . Enforcement. The City Manager and/or the City Manager' s designated agent shall administer and enforce the provisions of this Chapter and is/are hereby authorized to cause inspections on a scheduled basis and/or when reason exists to believe that a violation of this Chapter has been or is being committed. 220-14 HERRJICK 8z NEW AN ATTORNEYS AT LAW Virgil C. Herrick MEMORANDUM James D. Hoeft Gregg V. Herrick Of Counsel David P. Newman TO: Barb Dacy n FROM: Virgil C. Herrick . t) r " DATE: December 13 , 1990 RE: Mother-In-Law Apartment Ordinance Amendment This Memorandum is in response to your Memorandum of December 4 , 1990 . I have reviewed your memo and the attached minutes of the planning commission meeting of November 14 , 1990 . As I interpret your Memorandum and the minutes the planning commission has asked the question whether the City can allow a homeowner to rent to related individuals without a license while requiring a homeowner to obtain a license if they rent to non-related individuals. I have researched that question and cannot find any authority on that issue. The legal question revolves around whether there is a rational basis to distinguish between renting to related individuals and renting to non-related individuals. If there were a challenge to this type of ordinance it probably would be under the equal protection clause of the United States or state constitution. Those clauses require that if there is to be a different treatment for related and unrelated individuals that there has to be a valid distinction. As I indicated I have not been able to find any cases directly in point. The question being asked is somewhat similar to a question that was asked in your Memorandum dated November 30 , 1989 . I responded to those questions in a Memorandum directed to Jock Robertson, Steve Barg and yourself on December 12 , 1989 . In that Memorandum the question was asked whether a city can limit the number of unrelated individuals through the definition of "family" . I stated that the United States Supreme Court in the case of Belle Terre v. Boraas, decided in 1974, held that zoning ordinances having the effect of restricting the number of unrelated persons who may live together in a residential zone are not in violation of the 14th amendment regarding equal Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 lb. MEMORANDM Barbara Dacy December 13 , 1990 Page -2- protection. I went on to state that some states have followed the United States Supreme Court decision while others have held that under their own state constitutions that this was unconstitutional as a violation of their state constitution ' s equal protection clause. I further stated that the State of Minnesota has not ruled on that issue. I believe that a rational argument could be made to the court, if an ordinance requiring licenses for unrelated individuals were adopted. The City could state that it has a policy of allowing homeowners to provide rooms or apartments in their residence for related individuals; and that the policy goal is to permit homeowners to provide shelter to people who are related to the homeowner by blood or marriage. Conversely the City could adopt a policy that would state that it wishes to restrict the rental of apartments in single family residential areas to people not related to the family where the purpose of the rental would be for economic considerations . We could further argue that the United States Supreme Court has recognized a distinction between related and unrelated individuals in that they have authorized a numerical limitation on the number of unrelated people that can live in a single family home while not authorizing a similar numerical limitation for the number of related people that can live in a single family home. Whether these arguments would be successful it is impossible to say with any great certainty. As planning commission member Savage stated, "What is legally discriminatory is what the court says is legally discriminatory. " I do, however, feel that if the planning commission wishes to make this recommendation to the council that we could make a rational argument to defend it. 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E .-a)+1 E E.-1 C4 0C CL C 0Iw lc° a Ue0 C.) le � 01 0l 14 0 0 0 C 01 10 U) 60 c. in 0W 0 i01 00 O 0 0 C 114 C .t C 0 0 •-c lc 4.) El-1 '0E 014 •ttZU UU wu Mk. • • 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, October 24, 1990 at 7 : 30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning" , by amending Sections 205. 03 , "Definitions" , and Section 205. 07 , "R-1, One Family Dwelling District Regulations" , as follows: Section 205. 03 . DEFINITIONS 205. 03 . 23 Dwelling, Multiple. A building or portion thereof designed for occupancy by two (2) or more families living independently of each other.-in separate dwelling units. 205. 03 . 24 Dwelling, One-Family. A detached building designed exclusively for occupancy by one (1) family-and containing one (1) dwelling unit. 205. 03 . 25 Dwelling, Two-Family. A building designed exclusively for occupancy by two (2) families living independent of each otherand containing two (2) dwelling units. 205. 03 . 26 Dwelling Unit. A single unit providing complete independent living facilities for eiie (1) er mere -persens itcluding permanent previ3 e s fer 1ivi g, sleepiing, eating, cooking, and sanitation.One or more rooms connected together, but which are separated from any other dwelling unit in the same building, which rooms constitute a separate, independent unit with cooking and bathroom facilities and areas for living and sleeping, and used for residential purposes. 205. 07 . R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. ORIGINAL ORDINANCE The following are principal uses in R-1 Districts: (1) One-family dwellings.—which may be occupied by the owner or may be rented to one family. (2) Single family attached development as per conditions under Section 205. 11 of this Code. 205. 07. 02 USES EXCLUDED A. Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted in e€ this district are excluded in R-1 Districts. B. Except as permitted in 205. 07. 01. B. (4) (d) above, no part or portion of any one family dwelling shall be rented to any person or persons. C. Any one family dwelling that has a current rental license from the City, shall have three (3) years to amortize the investment in the rental unit; said three (3) year period shall commence on the effective date of this ordinance. After said three (3) year period, the rental of said unit is prohibited. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: October 10, 1990 October 17 , 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. I LEVEL OF ADMINISTRATIVE EFFORT TO CONTROL LOW MEDIUM HIGH 0 tr r A rt » µ • Co 0 r•C 0 11 r(r < ft0 0 1:1 n CCDD\ram O fDdi fD O O' r7 7 fD r rt a 't7 rt 11 ft a r 'G r•fD E 11 0 ---Oa0ao MUA rt O r 0 i O M 1 :J W O fD'0 fA fD a rrr1 CD nk\µW EU�a ro CD• r a001 C D O C D aCD '0 r C) a 1 O 7r r•a m'O fn v[AOO (10 O O 2 - CDar Cro PI t0.E `� O nU1 f7D O` ?CD O 0 '1 00 wr. N aZ fil --i 0.Km O m E rP O o' Z O a ry O • O < r F1'C r•O r7E O a D) rD a fD r-O 01'CI 0fDfDa E a a r r rt r+OCD E (DV r• rt 0 rt rt ao' a aK rt r aw rt a rt`% 3 aocr�r rt CA0' °rt1 W zoo r• aw ix rf• r FORT MYERS, FLORIDA, NAMED TOP Top Retirement Markets: 1988-1990 RETIREMENT MARKET. A ranking of the top 151 retirement markets for 1988-1990 by retirement Market Averogo House Price expert David Savageau finds Fort Myers, Florida, 1. Fort Myers,FL S63,000 at the top of the list. The rankings ore based on 2. San Antonio,TX 61,000 climate, personal safety, health care, leisure ao- 3. St.George,UT 70,700 tivitles, part-time job outlook,financial environ- 4. Pere,FL 73.300 ment,and housing costs.The accompanying 5. Bra,TX 60.600 table lists the top 10 markets and the average 6. Phoerix,AZ 82.000 housing cost in each market area.The housing 7. Orlando,FL 83 200 prices are for a 1,600-square-foot,site-built home 8. St.Petersburg,FL 91,900 with two or three bedrooms,one and a half baths, 9. St.Tammany Parish,LA 66.700 and a garage.(David Savageau,Retirement 10. Miami,FL 116,800 • Places Rated,Prentice Hall Press, 1990, $16.95. Order from Prentice Hall Press,200 Old Tappan Road,Old Tappan, New Jersey 07675;201-767-5937.) r MOUSING CONVERSIONS' IMPACT MEASURED. The neighborhood effects of converting e large, underoccupied houses into two or more smaller units was the subject of a recent study conducted for the Ontario Ministry of Housing. By examining sales records, area real estate market information, and the physical condition of the units, and by interviewing community residents, Ekos Research found no evi- dence to suggest that conversion activity had decreased property values of adjacent dwellings or that it had caused any significant difficulties with parking,traffic,overall aesthetics, neighborhood socializing,or overall resident satisfaction. Interestingly, the converted areas were found to hove enjoyed a $5,000 (Canadian)higher net change in value over the pre-and postconversion periods than in neighbor- hoods without conversions. In addition, the study found a significantly greater growth in sales activity and reinvestment in areas directly adjacent to conversions. (Urban Outlook,January 15, 1991; 1133 Broadway, Suite 1407, New York, New York 10010;212-206-7979.) FOR SALE: DOWNTOWN DANBURY. The city of Danbury, Connecticut, is selling plots of down- town real estate for redevelopment to private developers who will help finance public improvements to the area. The city's shopping list of downtown improvements includes a pedestrian walkway, a small park, landscape improvements, and pedestrian improvements. The 'prices" of these improvements for each site have been set. The developers selected will also be responsible for customary on-site costs— permit fees, sewer and water connection fees, relocation of utility lines, site preparation, demolition,con- struction, etc. An initial in lieu payment of$10,000 will be charged to developers for every off-site park- ing space their projects will require. For its part of the public/private renovation of the downtown, the city will build a 556-space parking garage, reconstruct two important downtown streets, install a half- acre green space as a focal point, and partially fund a second garage. (Downtown Idea Exchange, January 1, 1991; 1133 Broadway, Suite 1407, New York, New York 10010;212-206-7979.) OUTLET DEVELOPERS REPORT BLEAK PICTURE FOR ti4.4a FINANCING. In a new survey of some 200 outlet developers, con- ducted in late fall 1990 by Value Retail News, respondents reported that financing was very difficult to arrange and they saw no immediate im- Published monthly by W-the urban Land provement on the horizon. Outlet developers responding were more pessi- institute.625 Iga ono Avenue.N W., mistic than were conventional retail developers respondingWashingtcu•D C.Vice President, David E. Pe to on earlier Stahl.Executive President;Fronk H. survey conducted in late spring 1990 by the International Council of wink,Jr..Staff Vice President.Fa- Shopping Centers(ICSC). Twenty-five percent of the outlet developers re- bars.S" 'Pk"(®$15)available ported that their last loon applications were approved,while 70 only included members and contributions ton percent coat included in annual contributions. stated that they were still waiting to hear. Delays of up to six months for Second doss postage pad at Washing- loon approvals were-not uncommon. On a scale of 1 to 10, with 10 beingten.D.C.Postmaster,send osse the most difficult, outlet developers cr,ong.s to th.urban lo l as ISSN obtainingfinancing were asked to rate the difficulty of Land �Use Digest is cataloged as ISSN in the fourth quarter of 1990. Their rating of 8.25 con- Edn« Nancy Minter trasts with the 6.9 rating of ICSC respondents for the second quarter of Managing Editor . . .Nancy Stewart 1990. For 1991,outlet developers predicted a 9.1 level of difficulty, while Manger.CorrYxten-Assisted traditional developers, queried earlier in the year,foresaw a 7.1 level. Publishing . . .Helene V Redmond (Value Retail News,January 1991; 13773 scot Boulevard,Suite 507,Clear- Publications i t of cited In Land u"h.y Digest «.not wallobl.Ifs/Gogh uu:n,.y con water, Florida 34620.) bm obraln.d from wwc«sst.d. IUD STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : March 13, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn REQUEST PERMIT NUMBER P.S. #91-01 APPLICANT Milestone Hotel Investments, Inc. PROPOSED REQUEST To replat Lots 1-5, Auditor's Subdivision No. 153 into two lots LOCATION 5201-5275 Central Avenue N.E. SITE DATA SIZE 11 .8 acres DENSITY PRESENT ZONING C-3, General Shopping Center District ADJACENT LAND USES C-1 , Local Business to the South; R-1, Single Family & ZONING Dwelling to the East; C-3, General Shopping to the UTILITIES North PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION S P.S. #91-01 Milestone Hotel N 1/2 SEC. CITY Of CITY OF CG 21 N' N.W.,CORNER _ le 1 • NUE Z��1 ,. f -• I+ ..a ...•%r x •Nl W t .,�, L • r a_Z.. r Ix x". i.q��� I ,.yl ! �� Z k,10 a 4! .,r� W W/177i W 11.,„..,fa.`: ....00m., . .''ta.glit,„ow 2 x '>P, NArt rii tz2A„_ , a uls lla j•,t i;. _:l-_tfE•:l,--. f 'Cr ! t.6 i 1 ''" 4 ' f 4-111611E;II, ' istemiN O r ..♦.. ! 1. gr M. J •. ...e w Z ' !� x `, s\ G. ..,6 lea. .Z .• r!x r—" 1 um �4 4 , ' e a �rm �' . I i h,.--- _,- Ta .;" ,mil t,. •.: t.f. .,..t. _.fr, ,r if : ;wirOille. ,..:;,-1 tics) I 5 r/. • 'It 1x _ 4 , ..t . .....„....17.4,. i ! 1igkkr.` '.Wir `fir• .i_.+�- ,y„ • I , •mow.. —„r- — :--- ND. r LS ;,all s. ', : o k ,..,` o �" aiii �N �a r %"J t u..♦;koo) (c+o>k.- •,r AVE. N.E. `�`" ' . V ft*Sill f 1 1 Fliiiiiik..}.7;° itA. ,.; ''.iaL, ' dirt-4146- 11F„" - • 0 I ' a,) Z iJ x. ' .�:; St 4J t b,, o.c..� i l,', ! . : :.' ,.yinir,O • �'.• �� . N� (01) I -a'. x ♦ _ TERRACE ...... ?' 2 rr• : x q4 Q [/AI. r r"a" *Vkui .8 � a (� `I1a ��1__.. ' K ,,.;• , -,. W• x•. `♦ �. "•i �1` �!a)S,.t=: x. Yr .r•' :¢ i yes:, ,'t- F ._ fix• - /.., v •:� rih yne 4 r. a�, >�. c r� e a xj 'ti a' 4>�>' • i F Sx rr. x W ry. ° �♦ ♦ s r> a M jx F : • ta 7 0 N,nr xw �� r.J� � .,Rf M f�hw• ). ysx F. PIERCE �, "•''. s Alt>t ♦sr, r bJam �!)" —I :, �. ... atelit-: • r. ♦ K I pwl�J 9 /I r ' sJI?I .•..4rP!4. *"... .!till= t ; r/)p • V 2.. �♦W N.E.e.� P.."..".fd AVEN r 'e4,, y � . c -Z Oyr.., t : I xiiiiiiiintr'14 ♦ 10' .-- . It,I J Or : cw. O. , ]�a •Alit (1) F !, w�11111�1111111111111117•:: . y s \--'ma_ 0 TERRAC '�` ..."1 'I. 4• •i'tr'1M. ' UNCOA„er•1. ., a ::'�%:.'."_� I�• t^4110", � �>•< 3 11Orw 7 i c ye, i . 'r�, f(I�i ! � �+I i�.II(+1 r Ni' h'! ("q! hn! (r)! FI j� ai /N M..�I 1 'o-.., k , �, LL t_j____. IS s =? NE CSq 23 �a0 4 C) LOCATION MAP , • P.S. #91-01 Milestone Hotel 4 Ain et:• • /J `2131 1i33 1i37 38194e .21/ 1 �! ,4/s !4 "YB v ,��/I I •AP1I i;_:. 1 __1'-- /4 , �'IATHAWrAY LAN / �� t • it•,.w f u1�1•w 1 I ORT 11 . ? /ii/e'yie• 7 4t 47 '1 I/.213Z47fIIII �� ler • / / / f.�A of/p9,B_781.1ICJEFT.J' ^4 ` > T ©G7 FM DRIVE • • ��9 b ® ®® � T • • • • • • • RTN • • • • •�• ..I i 2 : y � L iM is�_[ •-•_• 2 - Tw - - -: iXeifyla. 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SKYW000 LANE o ♦♦♦♦♦♦♦♦♦♦� .j1IMIN q / • . ♦♦V4A22 �` .. .;ohu—•' I oaf?" / MATTER-•'e s�I /� 'nro 9 1 a ,_ ?• _�.�� 'A9 3 ' 4!i ..tr..41AMAI'-' .r - 4,b ; k. i 4,,P, ..,,, ' ' ► D. . ,AVENUE- `E.E* ;:$*i:;*!.I; I _ ��•• 11111 ♦♦♦♦♦♦♦♦♦♦♦Kii /w�t��/� o♦♦♦♦♦♦♦♦♦♦♦< S. 3 ice•' W ZZ { 3 r- Z 3 e 1.4. ••••••nil,. .� a c Z3 2 '3 2111=46 Q , 1ir ' 3 I,•♦�♦�♦�♦41♦♦�♦♦�♦• ��.:�-..- b!♦ ? y sz. 2Ifi STRODiraftJ ` NI 7"0.•,,,••A,...V.V.ci s:41.rvir rill p . i .•.o•••••••••4 hOM irr .. 0.• w ais .. .. az , li&i Gi3iiiiiiawuv3`i ice.1 smo•t...w sis s ■■ .•u..n essosn.(®ow.uwi �d;I.1•cvA • Giilillty I sow it l.:w.•.7. O lummurnEt �.wUgy e•u0fp AN. ZONING MAP Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 2 Request The petitioner is proposing to plat Lots 1-5, Auditor's Subdivision No. 153 into two separate lots, the same being 5201-5275 Central Avenue N.E. , commonly known as the Skywood Mall and Hotel complex. The proposed lot line will occur along the common fire wall of the two buildings. The location of the lot line will allow the hotel portion to be sold independently to Milestone Hotel Investments, Inc. from the mall. A lot split request is also being processed so that the closing can be completed by April 1, 1991. The petitioner is also processing a variance request, as the C-3 zoning district regulations do not allow a zero lot line to occur as in the industrial district regulations. Site Located on the parcel is a 100 unit hotel complex and retail mall. The property is zoned C-3, General Shopping Center District. There is additional C-3 zoning to the north. The property to the east is zoned R-1, Single Family Dwelling, and property to the south is zoned C-1, Local Business. Analysis (/; 1983, the City approved industrial revenue bonds to finance the iginal mall and hotel redevelopment. As a condition of approval, veral stipulations were placed on the property regarding general to improvements including landscaping, curbing, signage, etc. 1985, a sign variance was granted which included the previous tipulations from 1983 and additional stipulations specifically regarding the signage. Between 1985 and the present, the property ent into receivership, and is currently under the power of a trustee. Through the receivership process and the expansion and remodeling of the Twin City Federal building located at 52nd and Central Avenues, the City has achieved completion of the outstanding general site improvements first assigned to the property in 1983. The two lots will meet the minimum lot area and lot width requirements, and all setback requirements except the proposed variance. The only deficiency in meeting the code requirements will be that the mall and the motel do not meet the parking requirements outlined in the C-3 district regulations. The lot line has been drawn such that the hotel portion of the complex falls short of the requirements by 11 spaces; however, the mall and office portion of the complex fall short by 116 spaces. It should be noted that this is an existing condition of the complex. When Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 3 the industrial revenue bonds were approved in 1983, the City was cognizant of the fact that the parcel was under parked. The issues surrounding the plat request include the following: 1. Maintenance of the common fire wall between the two facilities. 2. Maintenance of the common easements between the mall and the hotel. 3. The City's liability in allowing the lot line to occur along the fire wall of the two buildings. The first issues have been considered by the petitioner, and agreements regarding common wall maintenance and parking easements have been drafted which meet the City's requirements and will be recorded against the plat. The third issue regarding the City's liability will need to be addressed in a separate agreement. The City's liability occurs because the City is waiving the Uniform Building Code requirement which requires that 60 feet of clear area occur between two buildings along a common lot line. In this instance, the City is allowing a common lot line to occur at a zero lot line between the two buildings. This is not an unusual case in the fact that it has occurred in other cities, primarily in St. Paul and Minneapolis, where the buildings are close together and connected by skyways. An agreement will be drafted which will hold the City harmless for waiving the building code requirement. In addition to the agreements between the proposed separate owners, the City will be constructing and completing a water main project in this area which will improve the water service. Clyde Moravetz, Engineering Technician, has submitted easement documentation to the trustee in order to grant the City a 30 foot water easement which would be located along the rear of the Skywood Mall property (please see attached documentation and map) . Staff is recommending that the easement be first be recorded against the lot split request, and then integrated as an official item on the plat itself. Recommendation Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #91-01, with the following stipulations: 1. A 30 foot easement shall be dedicated for the water line improvement on the plat. Staff Report P.S. #91-01 Milestone Hotel Investments, Inc. Page 4 2. All easements and agreements recorded in conjunction with lot split request, L.S. #91-02, shall be recorded on the final plat. P.S. ##91-01 Milestone Hotel i• rei -i =1i Ili iJ 2 I i yeai.= ! 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FRIDLEY, MN 55432 Cc m i ity Development Department (612) 571-3450 . ...-- PLAT APPLICATION PROPERTY INFORMATION - site plan required for submittals; see attached Address: 5201-5275 Central Ave. , Fridley, MN 55421 Legal description: See attached Lot See attached Block Tract/Addition Auditors subdivision 153 Current zoning: C-3 Square footage/acreage 11.8 acres Reason for plat: To separate ownership of Skywood Inn Hotel from Skywood Mall and Skywood Office Building FEE OAR INFORMATION (Contract Purchasers: Fee Owners must sign this form prior to processing) Marquette Bank Minneapolis National Association as Trustee NAME under Indenture of Trust dated December 1. 1983 ADII2ESS 6th & Marquette, Minneapolis, MN 55480 DAYTIME PHONE 341-5804 SIGNATURE �Efr*-�f' ; ✓[C c� ?2Gsi ' i7 DATE -a'/6 //// PETITIONER INFORMATION NAME Milestone Hotel Investments. Inc. ADDRESS 651 F. Take St. . #246 Wayzata, MN 55391 DAYTIME PHONE 612/476-8516 SIGNATURE ,a!) 4 e v DATE N 6 f A Fee:$500.00 for 20 lots A $ 15.00 for each additional lot Permit P.S. # 9 /- 0 / Recepit # 3 9/ 00 Application received by: Scheduled Planning Commission date: 11444C./7 / '? / Scheduled City Council date: 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, March 13, 1991 at 7:30 p.m. for the purpose of: Consideration of a Preliminary Plat, P.S. #91-01, by Milestone Hotel Investments, Inc. , to replat Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2 ; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248. 17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, to be described as Lots 1 and 2, Block 1, Skywood Mall Addition, generally located at 5201 - 5275 Central Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 27, 1991 March 6, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. P.S. #91-01 MAILING LIST Planning 2/22/91 VAR #9 1-04 L.S. #91-02 Council Milestone Hotel Investments, Inc. Milestone Hotel Investments, Inc. Robert Hall Clothes 681 E. Lake Street, #246 1075 Central Park Avenue Wayzata, MN 55391 Scarsdale, NY 10583 Marquette Bank Minneapolis Carl Heggestad Great American Music 6th and Marquette 1258 Skywood Lane N.E. 5151 Central Avenue N.E. Minneapolis, MN 55480 Fridley, MN 55421 Fridley, MN 55421 City of Columbia Heights Mary Matthews Irwin Kallman Planning Department 1259 Skywood Lane N.E. 115 E. 57th St. , # 1240 590 - 40th Avenue N.E. Fridley, MN 55421 New York, NY 10022 Columbia Heights, MN 55421 Ground Round Marck Investment Co./4 Embers Restaurant 5277 Central Avenue N.E. 7601 Wayzata Boulevard, #206 5400 Central Avenue N.E. Fridley, MN 55421 Minneapolis, MN 55426 Fridley, MN 55421 Howard Jo nson Co. Current Resident Chet Herringer Box 38, 1090 - 52nd Avenue N.E. 4121 Stinson Boulevard Wahkon, MN 56386 Fridley, MN 55421 Columbia Heights, MN 55421 Skywood Inn Current Resident Total Minnesota, Inc. 5201 Central Avenue N.E. 1120 - 52nd Avenue N.E. 5300 Central Avenue N.E. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Skywood Mall Current Resident Total Minnesota, Inc. 5251 Central Avenue N.E. 1170 - 52nd Avenue N.E. 999 - 18th Street Fridley, MN 55421 Fridley, MN 55421 Suite 2201 Denver, CO 80202 Lee Wards Lyle Mandel} 5289 Central Avenue N.E. 6950 Wayzata Boulevard #206 Menards Inc. Fridley, MN 55421 Golden Valley, MN 55426 5351 Central Avenue N.E. Fridley, MN 55421 Current Tenant Current Resident 5267 Central Avenue N.E. 215 - 53rd Avenue N.E. Menard Inc. Fridley, MN 55421 Fridley, MN 55421 Route 2 Eau Claire, WI 54701 Adventures in Video Thomas Skovran 5211 Central Avenue N.E. 5298 Fillmore Street N.E. Commerce Park Investments Fridley, MN 55421 Fridley, MN 55421 3989 Central Avenue Columbia Heights, MN 55421 Twin City Federal Ronald Parizek 5205 Central Avenue N.E. 5258 Fillmore Street N.E. Roland Lang Fridley, MN 55421 Fridley, MN 55421 1278 Skywood Lane N.E. Fridley, MN 55421 Twin City Federal Marvin Schenk 801 Marquette Avenue 5246 Fillmore Street N.E. Yun Lee Minneapolis, MN 55402 Fridley, MN 55421 1268 Skywood Lane N.E. Fridley, MN 55421 Mailing List P.S. #91-0I VAR 4t 91-04 L.S. #91-02 Page 2 Peter Molinaro Donald Delich 5234 Fillmore Street N.E. 5284 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Raymond Forss William Kuether 5222 Fillmore Street N.E. 5268 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Dean Bliss William Job 5212 Fillmore Street N.E. 5250 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Joseph McHugo Timothy McCauley 5200 Fillmore Street N.E. 5234 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Gary Townsley Aaron Engebretson 1301 - 52nd Avenue N.E. 5216 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Michael Jaroslawski Steven Kantorowicz 5201 Taylor Street N.E. 5200 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Francis Job Gerald Sorenson 5209 Taylor Street N.E. 1280 - 52nd Avenue N.E. Fridley, MN 55421 Fridley, MN 55432 Terri Wallace James Vant 5217 Taylor Street N.E. 1260 - 52nd Avenue N.E. Fridley, MN 55421 Fridley, MN 55432 Edward Kowal William Leavey 5235 Taylor Street N.E. 1240 - 52nd Avenue N.E. Fridley, MN 55421 Fridley, MN 55432 Daniel Dolezal City Council members 5251 Taylor Street N.E. Fridley, MN 55421 Planning Comm. Chair Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 55421 James Rosemeuer 5285 Taylor Street N.E. Fridley, MN 55432 Kwin Lemke 5299 Taylor Street N.E. Fridley, MN 55432 .L; may(. , tj Weal iir4 CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE.N.E. FRIDLEY. MN 55432•(612) 571-3450• FAX (611)57I-I1_}t7 January 31, 1991 PW91-23 Mr. Bob Lund 9th Floor Marquette Bank Building 90 South 6th Street Minneapolis, MN 55480 SUBJECT: Drainage and Utility Easement Over A Portion of the Skywood Inn Property Dear Mr. Lund: This letter is to confirm our telephone conversation on January 30 and I indicated that I would be mailing you a utility and drainage • easement from Marquette Bank Minneapolis National Association to the City of Fridley on a quit claim deed form. As I indicated, this easement is to accommodate the proposed watermain that the City intends to loop in this area. To further orient yourself to the location, I have enclosed a construction plan with the location of the watermain highlighted in yellow. Also enclosed is an aerial photo of the area again indicating the location of the proposed easement and watermain. Please execute the document and return to my attention as soon as possible. If you have any questions, concerns, or comments, please do not hesitate to call me at 572-3554. Thank you for your assistance in this matter. Sincerely, I t / s J 1. l',. Clyde V. Moravetz ` Engineering Assistant CVM/ts Quit Claim Deed C / Corporation(s) to Corporation(s) No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ None Date , 19 FOR VALUABLE CONSIDERATION, Marquette Bank Minneapolis. National Association *, Grantor, a National Banking Association under the laws of Minnesota, hereby conveys and quitclaims to City of Fridley, Grantee, a Municipal corporation under the laws of Minnesota, real property in Anoka County, Minnesota, described as follows: See Exhibit A attached hereto and made a part hereof. * As trustee under indenture of trust dated as of December 1, 1983, between City of Fridley, Minnesota, and F & M Marquette National Bank (now known as Marquette Bank Minneapolis, National Association) . The City of Fridley hereby accepts this easement for drainage and utility purposes. • Shirley A. Haapala - City Clerk Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: MARQUETTE BANK MINNEAPOLIS. JATIONAL ASSOCIATION BY: Its STATE OF MINNESOTA ) )ss County of The foregoing instrument was acknowledge before me this day of , 19 , by the of Marquette Ban)( Minneapolis. National Association, a National Banking Association under the laws of Minnesota, on behalf of the Association. Tax Statements for the real property described in this instrument should be sent to: THIS INSTRUMENT WAS DRAFTED BY: City of Fridley 6431 University Ave., N.E. Fridley, MN 55432 �/ EXHIBIT A To Quit Claim Deed dated , 1991 30 Foot Drainage and Utility Easement from Marquette Bank Minneapolis, National Association, as Grantor, to City of Fridley, as Grantee. • A 30 foot drainage and utility easement described as that part of Lots 1, 2, 3, 4 and 5, Auditor's Subdivision No. 153 lying 15 feet on either side of the following described line. Beginning on the North line of said Lot 1 a distance of 85 feet from the Northeast corner of said Lot 1; thence South 13.34 feet along a line parallel with, and 85 feet West of, the East line of said Lot 1; thence deflect to the right 45 degrees, 00 minutes a distance of 53.6 feet; thence deflect to the left, in a southerly direction, 45 degrees, 00 minutes a distance of 255.5 feet; thence deflect to the left 45 degrees, 00 minutes a distance of 18.3 feet; thence deflect to the right, in a southerly direction, 45 degrees, 00 minutes a distance of 317.5 feet; thence deflect to the right 67 degrees, 30 minutes along a line to the South line of said Lot 5, Auditor's Subdivision No. 153 and there terminating. Subject to all rights and easements of record. , • • 1 .4 ,• - •.v. ._ v .• at-is• - '• • '). ' ' i • • r - ;.• t -t.t 46. 1•11 ..1 - 4 ' • 1..........,21‘.4 -, .....-.11,!,1s1-..ii:•---.. ;.'. .• ..$e: - ., , 3.,' " , .z."..-...1,.'• • ..- .-I.e. 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'‘... if illiqr -:a' . ,/ ..t. ' t ' • . i • 0 4., ' • 4 i, l• • 44.•-• . • 's, i1,4-. 412z. .1.•••• ••t., . ..... ? t, ' :. 4. , . . _moll ?4,- lit k. ,... . . f . s - • .<' , :: '' ,. s; • .... A::i 1 . „ • . . ' i • 1440 iik.. ..i I/ i i. l• 4 '...• . v?':s‘N... .. 4,;'t.',‘_1'..4 ' 'to.** .‘:.4. i :44 ,.-.9., l'... •ty,.• -, * - ,- • • >r... ••• • Or 4'.• A,. -. • .: - ',.• . t .., • 40' ,......;i gm ',A,....„,..•..4 ,,-:-. - 4. t,.., •.. . s • .,.. ••• ,-*•••-se 4.X. 4 '' ' *'' ' •‘. ';'‘ ' .40 ••/ ‘ t - • • AO. • • -,..• . • - • - • .e- • . ...., -- . N/1 ' L L ti O .. February 11, 1991 Barbara Dacy Planning Coordinator City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dear Barbara: Milestone and Kelly Inns plan to form a part- nership to acquire the Skywood Inn. Enclosed is background information on both Milestone and Kelly Inns Ltd. , a subsidiary of Ramkota. I have also enclosed a brochure on the Best Western Kelly Inn in St. Paul, which we recently purchased and renovated. I would be happy to show you or anyone at the city the property as an example of our approach to operating hotel properties. Please call me if you have questions on the en- closed materials or would like additional infor- mation. Sincerely, C Patrick M. Conlin Vice President PMC/dm Enc/ me Fake ,ir � ,uit�; i'�, • '✓�_avialls Mury• 55>i. - C611) 4/6 8516 • Fax (612) /175-0618 SYNOPSIS OF MILESTONE HOTEL INVESTMENTS, INC. Milestone Hotel Investments, Inc. , a Minneapolis, Minnesota based company, was formed in 1987 to identify, analyze, structure and arrange equity finan- cing for investment opportunities in underperforming hotel real estate. To date Milestone has been involved in the acquisition of six hotel properties, the Sheraton and Town House Inns in Bismarck, North Dakota, the Hilton and Rodeway Inns in Casper, Wyoming, the Radisson Inn in Greeley, Colorado and the State Capitol Holiday Inn in St. Paul, Minnesota. Management Curtis 0. Gudmundson, President. Mr. Gudmundson has over seventeen years of business experience including experience with newly formed companies, banking and securities transactions, and real estate. He has founded sev- eral successful companies, including Jonathan Health Services, Inc. , the largest dental franchise company in the Midwest, and Scanner Forms, Inc. , a printing company which prints forms for optical mark read scanner equip- ment. In addition to structuring, promoting and managing the acquisition of hotels, he has managed the acquisition of several companies in other industries, including Medical Transcription Service, Inc. , Metro Medical Services, Inc. , Midwest Dictation, Inc. , and PreSort Services, Inc. Mr. Gudmundson holds a B.A. degree in economics from Moorhead State University. Patrick M. Conlin, Vice President. Mr. Conlin has over nine years of busi- ness experience including newly formed companies, management consulting, and real estate. Mr. Conlin co-founded Software Business Systems, a successful Minneapolis based computer software development firm and was a senior finan- cial consultant in the special services division of Arthur Andersen. As Vice President of Milestone, Mr. Conlin has negotiated, structured, promoted and managed the acquisition of hotels. Mr. Conlin holds a B.S. degree from the University of Southern California and an MBA from the Tuck School at Dartmouth College. SYNOPSIS OF RAMKOTA, INC. Ramkota, Inc. Ramkota, Inc. , a South Dakota corporation, was formed in 1965 for the pur- pose of owning and operating the Ramkota Inn, Sioux Falls, South Dakota. Ramkota now wholly owns two other properties, the Best Western Ramkota Inn in Aberdeen, South Dakota and the Best Western Ramkota Inn in Watertown, South Dakota. Ramkota's principal office is at 2600 North Louise Avenue, Sioux Falls, South Dakota 57107. Ramkota currently employs 230 people. AFFILIATES OF RAMKOTA Regency Inns Management, Inc. is a wholly owned subsidiary of Ramkota, Inc. Regency Inns Management, Inc. is a leader in the Midwest in the hospitality industry. The Sioux Falls based management company oversees the work of 1,200 employees in seven states. The management company was formed in 1979 as an outgrowth of Ramkota, Inc. at the request of several parties who wish to utilize their management expertise. The 18 properties that Regency cur- rently manages range from a small water front resort to a large convention hotel complete with state-of-the-art audio/visual amphitheatres and thirty thousand square feet of banquet and meeting space. Regency Inns Management has an equity interest in 6 of the 18 properties. Regency Inns Management, Inc. has developed a track record in turning around distressed properties as well as maintaining and improving on-going properties. Regency also has extensive experience in the construction and opening of hotels from the ground up as well as renovation of existing hotels and additions to existing hotels. The client list includes large regional lenders, insurance compan- ies and investors that have wished for Regency to manage their hotel proper- ties. Ramkota formed Kelly Inns, Ltd. in 1984 as a method of developing "rooms- only" motels. Currently, Ramkota owns 56% of the issued and outstanding stock of Kelly Inns, Ltd. which has an ownership interest in eight "rooms- only" properties. These properties include the Kelly Inn, Sioux Falls, South Dakota, the Kelly Inn, Keystone, South Dakota, the Kelly Inn, Spear- fish, South Dakota, the Kelly Inn Billings, Montana, the Kelly Inn, Fargo, North Dakota, the Kelly Inn, Bismarck, North Dakota, the Kelly Inn, Casper, Wyoming and the Oasis Inn, Oacoma, South Dakota. Ramkota also operates a business under the name of Commercial Interior Decor, which provides decorating and purchasing services for third party owners as well as the property it owns. KEY MANAGEMENT PERSONNEL David R. Sweet, President. David R. Sweet has been involved in the hospital- ity industry since 1966. He has degrees in hotel and restaurant management and in business and marketing. Before taking his current position with Ram- kota, he served as Director of Operations for a hotel management company op- erating franchise hotels in various parts of the United States. Prior to that, he worked with Holiday Inns High Rise Division, Sheraton Ritz, Prefer- ence Hotels and ARA Food Services. He has been involved in all facets of the hospitality business, from cooking to design and financing of new projects. Donald W. Kelpin, Director of Operations. Mr. Kelpin has overall supervision of all hotel properties and operating personnel for Regency Inns Management, Inc. and Kelly Inns, Ltd. He served as General Manager, and then Regional Manager in Regency Inns Management, Inc. , before being promoted to his cur- rent position. Mr. Kelpin has worked in the hospitality industry since 1968 and has had hands-on experience with Ramada Inns, Sheraton Inns, Holiday Inns and Best Westerns. He oversees more than 1,200 employees and draws on this pool of people when situations arise that need special expertise. Gregory L. Schjodt, Assistant Director of Operations. Mr. Schjodt has been associated with the hospitality industry since 1970. He received his bache- lor's degree from Augustana College. His responsibilities involve the direct supervision of full and limited service properties. Prior to his current position, Mr. Schjodt served as a General Manager for full-service properties. Before his employment with Regency Inns Management, Inc. , he worked at various locations for a major franchise company. Previous involvement at all levels of hotel management has provided him the skills to effectively supervise mul- tiple properties. Robert J. Timjon, Controller. Mr. Thimjon has been involved in the lodging industry since 1980. A 1974 graduate of Augustana College (business adminis- tration/accounting) , he received his Masters Degree in Business Administration from the University of South Dakota in 1982. From 1974 to 1980, Mr. Thimjon was involved in public accounting, receiving his CPA certificate in 1976. Since joining Ramkota in 1985, he has been involved with development, syndi- cation, acquisition and financing of hotel projects. His responsibilities include supervision of the accounting and management information systems as well as insurance and real estate taxes. • Y PROPERTY LIST - RAMKOTA AND AFFILIATES PROPERTY & LOCATION NUMBER OF ROOMS MEETING SPACE Ramkota Inn, Sioux Falls, South Dakota 228 35,000 Ramkota Inn, Aberdeen, South Dakota 154 15,000 Ramkota Inn, Watertown, South Dakota 101 5,000 Ramkota Inn, Pierre, South Dakota 151 30,000 sq. ft. Ramkota Inn, Greeley, Colorado 150 15,000 Sheraton, Bismarck, North Dakota 223 13,000 Hilton Inn, Casper, Wyoming 219 14,000 Yankton Inn, Yankton, South Dakota 124 5,000 Mariana Inn, S. Sioux City, Nebraska 185 24,000 Golden Hills Resort, Lead, South Dakota 100 Canterbury Inn, Shakopee, Minnesota 175 5,000 Lewis & Clark Resort, Yankton, South Dakota 29 Kelly Inn, St. Paul, Minnesota 126 Kelly Inn, Sioux Falls, South Dakota 42 Kelly Inn, Keystone, South Dakota 44 Kelly Inn, Billings, Montana 88 Kelly Inn, Fargo, North Dakota 133 Kelly Inn, Spearfish, South Dakota 50 Kelly Inn, Bismarck, North Dakota 102 Kelly Inn, Casper, Wyoming 102 Oasis Inn, Oacoma, South Dakota 85 TOTAL 2,611 161,000 STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : March 13, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn imismommommimommimmimmimmilimilmimms REQUEST PERMIT NUMBER L.S. #91-02 APPLICANT Milestone Hotel Investments PROPOSED REQUEST To split Lots 1-5, Auditor's Subdivision No. 153 into two lots LOCATION 5201-5275 Central Avenue N.E. SITE DATA SIZE 11 .8 acres DENSITY PRESENT ZONING C-3, General Shopping Center District ADJACENT LAND USES C-1 , Local Business to the South; R-1 , Single Family & ZONING Dwelling to the East; C-3, General Shopping to the UTILITIES North PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION N • L.S. #91-02 Milestone Hotel / N 1/2 SEC. ii CITY Of CITY OF CG "ew,CDRhER © 2II b UE ..a.::..„;1,). r, WIL•A.,.W.. A:.:. r. L�134. '4„, I' ''‘ •.••: w_A.I.Ni iion4 ii��f� 2 z rw l z ' z ET.S= _t r• ,_ .r„r - s✓-...,t. 1 Z i W nr f 1 S i w rJ,w ri!3 : i:- (J Z .0 1g2 2 • Oft4 a " W ••e a N • 1 rII—°' :,ta• ka 4 LL • ; ��° d \ —€ dy =a tPimaickt•t- . AUDITORS 4 io 4 •:I �:}. . . - z ` -4 _/wirl I ( 5 •� Jib�• - i *W* a•'. t . .,. •' �-•-a ---ass.-- , s,--. 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Z�S Np 4 24 LOCATION MAP r Milestone Hotel L.S. #91-02 el _ -• [ , �r 1,i7 l) ,i�j,V !L�!7,.4,4 ,.s 4 6, / I '! t�s l 6 7 T e M//I/ • E1�_ I » 1 • .�ii�r • �.v . OATH r LANE �� II/p ..,.. /, '/i. .p ., 734 S 4 .2 •Z .":2 . '21Z4 • ,. wal ivy '4.'44. . . .• 1.4' .94 " - ,:e.784/11:0Eft?' -4, ,4 .. ,,„ ‘ , 01E1 Iiiimniti ET ,. • •• •• •• •• •• •• . ( : F� fq2i imi ... / B�l/UF/FVIr / ,g / ,• c `•- f{ 2. ' IMI lir*4i. - 71 '� 1P-•A +C�3.l oovs• S:.t1 J L L _ r32blllIIR . Ita �v Wb 67•_,:' i1S :D/✓/,,/ON 64 ' mum ai '3 : . . . . . pw f. - •i ©zz zzov 4 SEA.c.NIIIIIMMINIdtammiridnamism.14L.121 -IIM MI* i ' , _2 y . li ::•:: : 5 �R ✓o//ey View lail • T' a HEIGHTS a CArislion �` O Il�(L - K�t c CAuich 1 El 4I '4., __ QNE 0. ---_, ,1 . .: ____ ck‘ c.,,k ...,..-..-., ..,• „,.....,..,:?...:.f.,. ;:, . . 4 ---..________________. I • .,••••••••••••4, •:•:••:-:::•:•:- •:•:•:•. ' 5 : ftlfilt% Ill . ------------------____ I tiire T 1� / 17. la ►����������`(: t•1!it;' 1;: SKYW000 LANE I ..............1' - • . .�.�.� ���� +u., ?G I�10lJR� 1 MATTER..w. c, cLE td 6 I/a 7 NO 914 1 V.zb . 4.___c-?: -Ill - --14figEll-- - • ������� S3RU —�1VEmtl — _ .. ..v.....Il►. i1E.— —. .44 •.. .4•. .♦•4 • ice'....;•;•e.;�c....�... h.7i 4fr•• .•* ll' 4.••tipill © • /1 0 �� 3�, 4 Z r 4 ..••4a• 1••A•• !� Z • f2 . .•s z. 2 r 1 TROL '.....,.,.,.4 Uio S s •.. .. • .•.....�.-M ' zc .. iejl 7••• ••••••••••••••••w I V:Efiattielli BOMMi�iiuuuw"0. iii•11.1.1W.il.I I L ©113 c 2 af :::ZP•TfiOOM r SIMP M'p.:111111111 O f iM14 •M.il►,NI • gara©a ©�� OSO +iiiiw•iinli•i�= L fii �.u. p IK 17 v ZONING MAP Staff Report L.S. #91-02 Milestone Hotel Investments, Inc. Page 2 Request The petitioner is proposing to split Lots 1-5, Auditor's Subdivision No. 153 into two separate lots, the same being 5201- 5275 Central Avenue N.E. , commonly known as the Skywood Mall and Hotel complex. The proposed lot line will occur along the common fire wall of the two buildings. The location of the lot line will allow the hotel portion to be sold independently to Milestone Hotel Investments, Inc. from the mall. A plat is also being processed which will simplify the legal descriptions. Processing the lot split will allow the petitioner to close on the property by April 1, 1991. The petitioner is also processing a variance request, as the C-3 zoning district regulations do not allow a zero lot line to occur as do the industrial district regulations. Site Located on the parcel is a 100 unit hotel complex and a retail mall. The property is zoned C-3, General Shopping Center District. There is additional C-3 zoning to the north. The property to the east is zoned R-1, Single Family Dwelling, and property to the south is zoned C-1, Local Business. Analysis In 1983, the City approved industrial revenue bonds to finance the original mall and hotel redevelopment. As a condition of approval, several stipulations were placed on the property regarding general site improvements including landscaping, curbing, signage, etc. In 1985, a sign variance was granted which included the previous stipulations from 1983 and additional stipulations specifically regarding the signage. Between 1985 and the present, the property has gone into receivership, and is currently under the power of a trustee. Through the receivership process and the expansion and remodeling of the Twin City Federal building located at 52nd and Central Avenues, the City has achieved completion of the outstanding site improvements first assigned to the property in 1983. The two lots will meet the minimum lot area and width requirements, and all setback requirements and all setback requirements except the proposed variance. The only deficiency in meeting the code requirements will be that the mall and the motel do not meet the parking requirements outlined in C-3 district regulations. The lot line has been drawn such that the hotel portion of the complex falls short of the requirement by 11 spaces; however, the mall and Staff Report L.S. #91-02 Milestone Hotel Investments, Inc. Page 3 office portion of the complex fall short by 116 spaces. It should be noted that this is an existing condition of the complex. When the industrial revenue bonds were approved in 1983, the City was cognizant of the fact that the parcel was under parked. The trustee has recently expanded the existing parking in the area between TCF and the Ground Round (one of the outstanding stipulations) . The site is now maximized for parking. Despite the site being under-parked, actual use of the property has found that the existing and new parking lots are adequate. The issues surrounding the plat request include the following: 1. Maintenance of the common fire wall between the two facilities. 2. Maintenance of the common parking easements between the mall and the hotel. 3 . The City's liability in allowing the lot line to occur along the fire wall of the two buildings. The first issues have been considered by the petitioner, and agreements regarding common wall maintenance and parking easements have been drafted which meet the City's requirements and will be recorded against the lot split. The third issue regarding the City's liability will need to be addressed in a separate agreement. The City's liability occurs because the City is waiving the Uniform Building Code requirement which requires that 60 feet of clear area occur between two buildings along a common lot line. In this instance, the City is allowing a common lot line to occur at a zero lot line between the two buildings. This is not an unusual case in the fact that it has occurred in other cities, primarily in St. Paul and Minneapolis, where the buildings are close together and connected by skyways. An agreement will be drafted which will hold the City harmless for waiving the building code requirement. In addition to the agreements between the proposed separate owners, the City will be constructing and completing a water main project in this area which will improve the water service. Clyde Moravetz, Engineering Technician, has submitted easement documentation to the trustee in order to grant the City a 30 foot water easement which would be located along the rear of the Skywood Mall property (please see attached documentation and map) . Staff is recommending that the easement be recorded as a separate document when recording the lot split request, and then dedicated on the plat itself. Staff Report L.S. #91-02 Milestone Hotel Investments, Inc. Page 4 Recommendation Staff recommends that the Planning Commission recommend approval of the lot split request, L.S. #91-02, with the following stipulations: 1. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements shall be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. L.S. ##91-02 Milestone Hotel M Li i I:. K:Y..t. :ii ." t:•I 2 ::.: ; c.Y..a....i ... ;: :: . ^y 51 ^ .i:-. it ?2i .=:iii : 41a2:l2: :�i :1 it .:i t D 1 8 iJ ' • __ :7 2:3: :Ij i gi: t3232t: '' ',.�s c t L ]. "t .t_Y 222:,. Yf _ :: 1 g t (I) Y f R :'s ? ;1 .I:: -::YiS . :i. ___ _..:Y:- .'i 11] . = r 5 t - • 2- 11'i ::522- i'.22 R i .i.y?i.2.'1' 2 •e ' i ti_ iii i , li.. • III t!'..! 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FRIDLEY, MN 55432 0 rrnmity Development Department (612) 571-3450 LOT SPLIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittals; see attached Address: 5201-5275 Central Ave. , Fridley, MN 55421 Legal description: See attached Lot See attached Block Tract/Addition Auditors subdivision 153 Current zoning: C-3 Square footage/acreage 11.8 acres Reason for lot split: To separate ownership of Skywood Inn Hotel from Skywood Mall and Skywood Office Building FEE OWNER INFORMATION (Contract Purchasers: Fee Owners must sign this form prior to processing) Marquette Bank Minneapolis National Association as Trustee NAME under Indenture of Trust dated December 1, 1983 ADDRESS 6th & Marquette, Minneapolis, MN 55480 DAYTIME PHONE 341-5804 SICK Cc f7.2E�irk Wit` DLkTE r rrriONER INFORMATION NAME Milestone Hotel Investments, Inc. ADDRESS 681 E. Lake St. , #246 Wayzata, MN 55391 DAYTIME PHONE 612/476-8516 SIGNATURE ,.. c aziTE A l lD Fee: $100.00 Permit L.S. # I i -0 Z- Recepit # g l 0 l� Application received by: q C� Scheduled Planning Commission date: JtVLi k /3 f 1 / I / Scheduled City Council date: P.S. #91-01 MAILING LIST Planning 2/22/91 VAR #91-04 L.S. #91-02 Council Milestone Hotel Investments, Inc. Milestone Hotel Investments, Inc. Robert Hall Clothes 681 E. Lake Street, #246 1075 Central Park Avenue Wayzata, MN 55391 Scarsdale, NY 10583 Marquette Bank Minneapolis Carl Heggestad Great American Music 6th and Marquette 1258 Skywood Lane N.E. 5151 Central Avenue N.E. Minneapolis, MN 55480 Fridley, MN 5542.1 Fridley, MN 55421 City of Columbia Heights Mary Matthews Irwin Kaltman Planning Department 1259 Skywood Lane N.E. 115 E. 57th St. , # 1240 590 - 40th Avenue N.E. Fridley, MN 55421 New York, NY 10022 Columbia Heights, MN 55421 � ,,c� Ground Round Marck Investment Co✓r Embers Restaurant 5277 Central Avenue N.E. 7601 Wayzata Boulevard, #206 5400 Central Avenue N.E. Fridley, MN 5542:1 Minneapolis, MN 55426 Fridley, MN 55424 Howard Johnso Co. Current Resident Chet Herringer Box 38 ✓1.k 1090 - 52nd Avenue N.E. 4121 Stinson Boulevard Wahkon, MN 56386 Fridley, MN 55421 Columbia Heights, MN 55421 Skywood Inn Current Resident Total Minnesota, Inc. 5201 Central Avenue N.E. 1120 - 52nd Avenue N.E. 5300 Central Avenue N.E. Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421 Skywood Mall Current Resident Total Minnesota, Inc. 5251 Central Avenue N.E. 1170 - 52nd Avenue N.E. 999 - 18th Street Fridley, MN 5542A Fridley, MN 55421 Suite 2201 Denver, CO 80202 Lee Wards Lyle Mandelr/l) 5289 Central Avenue N.E. 6950 Wayzata Boulevard #206 Menards Inc. Fridley, MN 55421 Golden Valley, MN 55426 5351 Central Avenue N.E. Fridley, MN 55421 Current Tenant Current Resident 5267 Central Avenue N.E. 215 - 53rd Avenue N.E. Menard Inc. Fridley, MN 55421 Fridley, MN 55421 Route 2 Eau Claire, WI 54701 Adventures in Video Thomas Skovran 5211 Central Avenue N.E. 5298 Fillmore Street N.E. Commerce Park Investments Fridley, MN 5542;1 Fridley, MN 55421 3989 Central Avenue Columbia Heights, MN 55421 Twin City Federal Ronald Parizek 5205 Central Avenue N.E. 5258 Fillmore Street N.E. Roland Lang Fridley, MN 55421 Fridley, MN 55421. 1278 Skywood Lane N.E. Fridley, MN 55421 Twin City Federal Marvin Schenk 801 Marquette Avenue 5246 Fillmore Street N.E. Yun Lee Minneapolis, MN 55402 Fridley, MN 55421 1268 Skywood Lane N.E. Fridley, MN 55421 Mailing List P.S. #91-01 VAR #9 1-04 L.S. #91-02 Page 2 Peter Molinaro Donald Delich 5234 Fillmore Street N.E. 5284 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Raymond Forss William Kuether 5222 Fillmore Street N.E. 5268 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Dean Bliss William Job 5212 Fillmore Street N.E. 5250 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Joseph McHugo Timothy McCauley 5200 Fillmore Street N.E. 5234 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Gary Townsley Aaron Engebretson 1301 - 52nd Avenue N.E. 5216 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Michael Jaroslawski Steven Kantorowicz 5201 Taylor Street N.E. 5200 Taylor Street N.E. Fridley, MN 55421 Fridley, MN 55432 Francis Job Gerald Sorenson 5209 Taylor Street N.E. 1280 - 52nd Avenue N.E. Fridley, MN 55421 Fridley, MN 55432 Terri Wallace James Vant 5217 Taylor Street N.E. 1260 - 52nd Avenue N.E. Fridley, MN 55421 Fridley, MN 55432 Edward Kowal William Leavey 5235 Taylor Street N.E. 1240 - 52nd Avenue N.E. Fridley, MN 55421 Fridley, MN 55432 Daniel Dolezal City Council members 5251 Taylor Street N.E. Fridley, MN 55421 Planning Comm. Chair Marvin Schenk 5246 Fillmore Street N.E. Fridley, MN 55421 James Rosemeuer 5285 Taylor Street N.E. Fridley, MN 55432 Kwin Lemke 5299 Taylor Street N.E. Fridley, MN 55432 f y t I An CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 February 22, 1991 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #91-02, by Milestone Hotel Investments, Inc. , to split: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248. 17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188. 67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, into two separate parcels described as: Parcel A: That part of Lots 1, 2, 3, and 4, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of Lot 1, Auditor's Subdivision No. 153 ; thence South 00 degrees 29 minutes 30 seconds East, on an assumed L.S. #91-02 Milestone Hotel Investments, Inc. Page 2 bearing, along the east line of said Lots 1, 2, and 3 , a distance of 337. 60 feet; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100. 14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 00 degrees 32 minutes 01 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence northerly, easterly, and northerly along said east line of State Trunk Highway No. 65 to the north line of said Lot 1; thence East along the north line of Lot 1 to the point of beginning. Except the following described parcel: Beginning at a point on the east line of the west 50 feet of said Lot 3, distant 47. 17 feet South from the north line of said Lot 3 ; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet of said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1 a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248. 17 feet; thence West and parallel with the north line of said Lot 3 a distance of 188.67 feet to the point of beginning. Parcel B: That part of Lots 3, 4, and 5, Auditor's Subdivision No. 153 , Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 1, Auditor's Subdivision No. 153 ; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 337.60 feet to the point of beginning of the land to be described; thence South 89 degrees 33 minutes 37 seconds West, a distance of 258.39 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100. 14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 196.26 feet; thence North 00 degrees 32 minutes 01 seconds West, a distance of 9.37 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence southerly, along said east line of State Trunk Highway No. 65 to the south line of said Lot 5; thence East along the south line of Lot 5 to the southeast corner of Lot 5; thence North along the east line of Lots 3, 4, and 5 to the point of beginning. Except the west 275. 00 feet of Lot 5 lying South of the north 36.67 feet thereof. L.S. #91-02 Milestone Hotel Investments, Inc. Page 3 Generally located at 5201 - 5275 Central Avenue N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, March 13, 1991 at the Fridley Municipal Center, 6431 University Avenue N.E. , at 7:30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION . . • I I Community Development Department PLANNING DIVISION City of Fridley DATE: March 8, 1991 TO: Planning Commission Members FROM: Barbara Dacy, Community Development Director SUBJECT: Preliminary LRT Comments Attached is the memorandum which was forwardednot for Council did have for the March 4, 1991 meeting. The City for the any y additional comments on the preliminary design plan system; however, the City Council instructed me to forward to Anoka County a collective list of comments from the commissions and the result of a neighborhood meeting of the homeowners at 53rd and 57th Avenues on March 19, 1991. On March 7, 1991, the Human Resources Commission reviewed the attached memorandum and the a esign plans (I will have d had the following commentse at the. meeting Wednesday evening) 1. The City should investigate 4th Streete impacts of bus traffic on the pavement surface 2 . Pay phones should be installed at each park-and-ride station. 3 . The commission strongly accessdtolth the recommendations to and from the ark and-ride provide bikeway/alkway Y sites. 4 . The commission had system-wide comments regarding the type of ridership and whether or not improving LRT system bus intotem the wotwo be a better alternative than an downtowns. I will review the Preliminary Design Plans at Wednesday's meeting, and will request from you any additional comments that you would like to forward to Anoka County. BD/do M-91-166 [� Community Development Department PLANNING DIVISION City of Fridley DATE: February 28, 1991 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Department Managers SUBJECT: Preliminary LRT Comments for Environmental Impact Statement and Preliminary Design Plan On February 15, 1991, the Anoka County Regional Railroad Authority transmitted to our office the preliminary design plans for the LRT system in Fridley, as well as the schedule for review of the hat EIS and the preliminary design plans. The ACRRA is requesting we submit "informal comments" in order to identify critical issues or concerns that we may have regarding the proposed alignment. wile ACRRA noted that the "official" review and comment opportunity begin with the submission of the Environmental Impact Statement to the cities on April 1, 1991. Process In order to respond to Anoka County's request for informal comments as well as to initiate a process for an adequate review and comment period by residents and businesses, we have developed areview process to include staff members and the general public. attached comments have been developed by our Department Managers reviewing the preliminary design plans. We have identified ied recommended goals for each station area as well as pert comments for physical planning issues along the alignment. After the City Council reviews these initial comments on March 4, 1991, it is intended that the Planning Commission will review these comments on March 13, 1991. Due to budget cutbacks, ACRRA staff is available for one neighborhood meeting instead of the originally planned two. We have scheduled one meeting on March 19, 1991 to meet with property owners immediately affected by the park-and-ride sites at 53rd and 57th Avenues. These two station areas will encounter the most amount of change.meetingbe conducted neApr l for all property also recommend that another neighborhood owners along the alignment. As a result of the comments developed by staff, City Council, commissions, and the neighborhood meetings, the City should have LRT EIS February 28, 1991 Page 2 a good basis to evaluate the draft Environmental Impact Statement when it is submitted in April of 1991. We may find it necessary to conduct follow-up meetings with the property owners later in the spring or summer. plan Comments Attached are goals and comments for each of the station n areas that that are located along University Avenue. In analyzing area, we have used a radius of 1/4 to 1/2 mile around tthe prop n t tioe station site. We have also developed a list of questions e would like Anoka County to be prepared to address at may be od or other public meetings (some of these questions in the EIS) . Also, in reviewing the station area plans, we used the City Council commentser 26, 1990 as he lan fromec received are too large their meeting on efor reproduction. a We will have plan sets we them available at Monday's meeting. Recommendation The City Council should review the attached goals and comments and recommend any changes. BD/dn M-91-137 53RD AVENUE STATION AREA Goals: 1. No change or intensification of existing development is recommended, but there is a need for housing rehabilitation in the area. A number of multiple family structures are located in the area which need rehabilitation. 2. Pedestrian and bikeway/walkway access must be promoted from single and multiple family properties on both sides of University Avenue to the park-and-ride site. This includes off-street sidewalks/bikeway/ walkways along 53rd Avenue, 49th Avenue, and 44th Avenue. We need to finalize with Anoka County and MTC the proposed east/west feeder bus transit routes. Either a shuttle system or the feeder system should provide connections to the industrial area along Main Street and the Lake Pointe site on the other side, and the Target and Menard's area on Highway 65. This system would serve about 850 - 1, 500 employees. 3 . Evaluate development opportunity at Naegele site and the vacant property adjacent to it. 4 . ACRRA should address the need for two station areas at 53rd andAvenues• Are neth needed during initial be constructed prior to thetother construction offthehe system or can 53RD AVENUE PARK-AND-RIDE SITE COMMENTS 1. Two commercial properties are proposed to be removed; no residential homes along 4th Street are proposed to be removed. ing removal the partial alley 2. The plan a and reconfigur is ation of of garages that arexistse re currently that located along the alley. 3. Two accesses are proposed on 4th Street. If possible, the northern most access should be removed and connected to the east bound I-694 ramp. If ramp access is not possible, the southerly most access to 4th Street should be maintained. Another alternat4th Street as is to cislproposed on 57th the seven eAvenuelal properties along 4. Proposed screening should be consistent with zoning ordinance requirements. A 6 foot fence with 1 tree per 50 feet along common boundaries should be constructed to the rear of residential properties. A 20 foot setback should be provided along the public right-of-way of 4th Street, with a 3 foot hedge or berm and 1 tree per 50 feet around perimeter of parking lot exposed to public right-of-way. Lighting should be a neighborhood size, less than 20 feet, high pressure sodium, a shoe box, or Kimlite design. Interior landscaping should also be provided. Parking spaces may be striped at 9 feet wide but with a double stripe. 5. Pedestrian and bikeway access to the neighborhood to the east should be provided as well as coordination with the City of Columbia Heights for a sidewalk along 53rd Avenue. 6. Requirements of the Six Cities Watershed District must be met. 7. Station buildings should be handicap accessible, provide bike racks, adequate bathroom facilities, and a call box for 911. �7RD AVENUE STATION AREA_ Goals: 1. The area north of 57th Avenue atootential redevelopment site Street has been identified as of housing and a commercial for housing or a mixed use project node at the 57th Avenue intersection. The redevelopment would be compatible with LRT. as it would provide easy mass transit access for those who desire it. 2. Feeder bus system needs to furtherbe din Street andefined and othe include Holiday Plus, the industries along 57th Lake Pointe site, side ofeUn University Avenue. along Avenue on the west 3. Pedestrian and bikeway access across University Avenue should be provided. 57TH AVENUE PARK-AND-RIDE SITE COMMENTS 1. Six residential structures will be removed (need to confirm # of units) plus two commercialp P erties. d on 2 . Same site plan comments as was fence willdnotlbeeneeded 3r A shorter except that a screening appropriate along 4th Street. decorative fence may be appro P d xtr 3. A driveway access to a liter should be considered,in the e if can southeast corner of thcannot be approved. access to 1-694 ramp MISSISSIPPI STREET STATION AREA Goals: 1. Promote pedestrian connections across University Avenue. Coordinate bikeway/walkway access into the northeast corner if it is redeveloped. 2. Address the fire and police access issues as defined below. 3 . Design elements of station need to be consistent with University Avenue corridor designplans. MISSISSIPPI STREET WALK-AND-RIDE SITE COMMENTS 1. Anoka County bikeway/walkway in addition to the sidewalk located at the northeast corner. 2 . The frontage road must be retained in front of the Fire and Police stations. The Police Department uses the emergency access to University Avenue twice a day (730 times a year) . The Fire Department uses that access also on a daily basis. Plans indicate a discrepancy. A. What is distance between front of station and relocated frontage road? B. What will frequency of trains be at this intersection? C. What will the elevation of the tracks be? Will emergency vehicles be able to drive over them easily? D. Can the City pre-empt the LRT system as is done now in opticom system? E. What type of safety/warning sign apparatus can be installed at emergency vehicle crossing? 3 . Do long-term plans include only 20 drop-off spaces along Mississippi Street in the northeast quadrant? 4 . The design plans did not appear to show the improvements to Mississippi Street which are proposed for 1991. Location of the bus drop-off spaces should be located an adequate distance from the intersection to not interfere with pedestrians and bicyclists. Further, because a new shopping center will be located in the northeast corner, the City will be monitoring traffic operations on Mississippi Street. ACRRA should also monitor traffic use to insure proper placement of bus drop- off sites. OSBORNE ROAD STATION AREA Goals: 1. Provide pedestrian and bikeway connections across University Avenue and to adjoining neighborhoods. 2. Bus feeder system needs to be better defined. System should serve Unity Hospital and areas around T.H. 65. 3. Park-and-ride improvements should match University Avenue corridor improvements. The City of Spring Lake Park needs to be notified of our recommendations. 4 . Some type of crossing should be provided across Osborne Road for pedestrians to access hospital. OSBORNE ROAD PARK-AND-RIDE SITE COMMENTS 1. The storm sewer system should not be located underneath the LRT tracks. It must be closer to the frontage road, and its capacity must be double-checked. Local storm sewer connections must be made to the proposed storm sewer, and shown on engineering plans. 2 . In order to be consistent with University Avenue design goals, design and landscape elements should be submitted to the City of Fridley. We should also retain on file site plans of the Osborne station. $ORTHTOWN The First Western development will be conducting a traffic study. Part of its analysis will show how the development will affect/not affect the LRT station plans in this area. QUESTIONS WE WANT ANOKA COUNTY TO ANSWER AT NEIGHBORHOOD MEETINGS 1. Why are stations proposed on both sides of I-694? What is rationale behind several stations versus one large station at Northtown or I-694? 2 . Differentiate between initial and long-term phasing for park- and-ride sites. 3. What part of the projected ridership includes Fridley riders? 4 . What agency is studying whether an all bus alternative is more or less cost effective than the LRT alternative? What are the results? 5. The ACRRA should assist communities with crime prevention programs, and if possible, security personnel at park-and-ride sites. Initially, information about other communities' experiences with crime in conjunction with a LRT system should be provided as soon as possible. 6. The ACRRA should address safety protection measures at intersections. The City wants to promote pedestrian and bike traffic and make it as easy as possible to cross University Avenue and east/west streets. 7 . Recreational opportunities at Columbia Arena may dictate creation of another station at Columbia Arena. 8 . ACRRA/MTC should describe the east/west feeder bus system that would serve the LRT and Fridley. 9. What level of weather protection will be provided at stations? ANOKA COUNTY REGIONAL RAILROAD AUTHORITY (ACRRA) Paul McCarron, Chairman Margaret Langfeld,Vice Chairman Dan Erhart Bob Burman Natalie Haas Steffen Jim A. Kordiak Nick Cenaiko February 15, 1991 Ms. Barbara Dacy, Community Develop Director City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear Ms. Dacy: I am enclosing for your review the following draft documents: 1) Preliminary Design Plans for the portion of the Northeast LRT Corridor that will be located in the City of Fridley, 2) Environmental Impact Statement (EIS)/Preliminary Design Schedule; 3) Table of Contents for the Environmental Impact Statement; and 4) outline of the EIS and Preliminary Design Process. As outlined in the Northeast Corridor Schedule (Attachment A), the Anoka County Regional Railroad Authority and (ACRRA) Hennepin County Regional Railroad Authority (HCRRA) are currently in the process of preparing the Northeast LRT Corridor Draft EIS (DEIS) and the Preliminary Design Plans. We are requesting that you review these draft documents in an effort to address critical issues or concerns of each of the cities along the proposed alignment early in the planning process. As you know, these plans have also been discussed at the TRC and IAC meetings. The ACRRA/HCRRA's submittal of the draft plans and the city's review and comments at this time do not represent formal action, as required by state law. As outlined below, each city with LRT service will also have "official" review and comment opportunities during the EIS process and review, comment and approval authority during the preliminary design process. Contents of the Environmental Impact Statement: The Environmental Impact Statement (EIS) is intended to evaluate the effects of the proposed project on the surrounding environment and develop suggested mitigation measures to avoid or minimize adverse impacts. The information presented in the EIS serves as a source of information for future permits and approvals/disapprovals which will require more specific detail on the components of the proposed project. We are enclosing an outline of the Table of Contents (Attachment B)for the Northeast LRT Corridor Draft EIS to give you an idea of the types of issues examined in the EIS. A Telephone (612) 421-4760, extension 1171; Fax (612) 422-7511 Anoka County Courthouse, Administration Office, 325 E. Main Street, Anoka, MN 55303 February 15, 1991 Page 2 Contents of Preliminary Design Plans: The Preliminary Design Plans include the completion of design activities to approximately a ten percent level. Preliminary design includes: • the general definition of the horizontal and vertical alignment • station platform locations and ancillary station facilities • general limits of construction • relationship of LRT to the street system • preliminary intermodal coordination plans • conceptual operating plan • preliminary ridership projections • preliminary cost estimates • discussion of funding sources for final design, construction and operation • discussion regarding implementation method • preliminary handicap access plan The Preliminary Design Plans will include a set of drawings illustrating the plans, profile and stations and a Technical Memorandum describing the other issues listed above. Environmental Review Process: During the Environmental Review Process (Attachment D), the cities have the following opportunities to submit comments on the EIS: • written and/or oral comments on the Draft EIS (4/1/91-5/21/91) • ACRRA/HCRRA public hearings on the Draft EIS (Held during 1DEIS comment period) • written comments on the Final EIS (7/16/91-7/30/91) The Final EIS will respond to timely, substantive comments on the Draft EIS and provide supplemental information, where appropriate. Approval Process for Preliminary Design: State law prescribes the preliminary design plan approval process that must be followed by Regional Railroad Authorities (Attachment D). The process is described below: • The ACRRA/HCRRA must authorize the distribution of the physical design component of the preliminary design plans and submit the plans to each city with LRT service. • The ACRRA and HCRRA each hold a public hearing on the preliminary design plans at the earliest 30 days after the plans are submitted to cities. The ACRRA and HCRRA must provide appropriate public notice of the hearings and publicity to ensure that affected parties have an opportunity to present their views at the hearing. February 15, 1991 Page 3 • Within 45 days after the hearing(s) by the ACRRA and HCRRA, the cities must hold a public hearing and approve or disapprove the plans for the route to be located in the city. Failure to approve or disapprove the plans in writing within 45 days after the ACRRA and HCRRA hearings is deemed to be approval, unless an extension of time is agreed to by the city and the ACRRA/HCRRA. If a city disapproves, it must identify revisions to the plans that would cause it to withdraw its disapproval. • The ACRRA, HCRRA, Anoka and Hennepin County Boards must approve the Preliminary Design Plans. • If the Preliminary Design Plans are approved by each city, the ACRRA/HCRRA may proceed with final design plans. • The ACRRA/HCRRA must also submit the Preliminary Design Plans to the Metropolitan Council for review of the plans' consistency with the Council's development guide. • The ACRRA/HCRRA must submit the Preliminary Design Plans to the Regional Transit Board (RTB) for review. The RTB has 90 days to review and comment on the Preliminary Design Plans. Please contact me at 421-4760 if you have any questions regarding the draft plans or would like to arrange for an information meeting/work session. We would appreciate your comments by March 11, 1991 Sincerely, Tim Yantos Deputy County Administrator TY:I p Enclosures cc: Kenneth Stevens, Director, Hennepin County Regional Railroad Authority Richard Wolsfeld, BRW, Inc. Attachment A BRW, Inc. 2/11/91 NORTHEAST LRT CORRIDOR SCHEDULE DATES PRELIMINARY DESIGN ACTIVITY EIS (10%) DEIS Submitted to EQB March 25, 1991 DEIS Notice of Availability/ April 1, 1991 DEIS Distribution DEIS Review/Comment Period April 1-May 20, (Includes ACRRA/HCRRA 1991 Public Hearing) FEIS Preparation May 21,-July 1, 19911 ACRRA/HCRRA Approve/ June 18, 1991 Distribution of Preliminary Design Plans and Submit to Cities/RTB/Metropolitan Council/Mn/DOT for review 30-Day Minimum Review Period June 19-July 18, for Preliminary Design Plans 1991 FEIS Submitted to EQB July 8, 1991 FEIS Notice of Availability July 15, 1991 FEIS Review and Comment Period July 16-30, 1991 ACRRA and HCRRA July 23, 1991 Hold Public Hearing(s) on Preliminary Design Plans 45-Day Review Period of July 24-September 6, Preliminary Design Plans 1991 by Cities Cities Each Hold Public July 24-September 6, Hearings on Preliminary 1991 Design Plans ACRRA/HCRRA EIS Adequacy August 6, 1991 Determination NORTHEAST LRT CORRIDOR SCHEDULE (CONTINUED) DATES PRELIMINARY DESIGN ACTIVITY EIS (10%) EQB Notice of Adequacy August 26, 1991 Determination Date By Which Each City3/ September 6, 1991 must approve Preliminary Design Plans RTB, Metropolitan Council , September 16, 1991 Mn/DOT Submit comments on Preliminary Design to ACRRA/HCRRA ACRRA/HCRRA Approve September 24, 1991 Preliminary Design Plans Anoka and Hennepin County September 24, 1991 Boards Approve Preliminary Design Plans 1/ Time required to prepare FE1S is dependent on extent/significance of DEIS comments. g/ The date to approve distribution of preliminary design plans is subject to date which DEIS is submitted to EQB and extent/significance of DEIS com- ments. 3/ Failure to approve/disapprove preliminary design plans in writing within 45 days after the ACRRA/HCRRA hearing(s) is deemed to be approval , unless an extension of time is agreed to by the city, county, or town and the ACRRA/HCRRA. #2815 Attachment B Revised 1/23/91 NORTHEAST LRT CORRIDOR DRAFT ENVIRONMENTAL IMPACT STATEMENT TABLE OF CONTENTS 1.0 SUMMARY 1.1 Project Location and Description 1.2 Alternatives Considered 1.3 Environmental Impacts 1.4 Proposed Mitigation Measures 1.5 Project Cost 2.0 PROJECT DESCRIPTION 2.1 Introduction 2.2 Project Location 2.3 Project Description 2.3.1 Northeast LRT Corridor 2.3.2 LRT System Description 2.4 Purpose of DEIS 2.5 Additional LRT Studies in the Northeast Corridor 2.5.1 Preliminary Design 2.5.2 Final Design 3.0 ALTERNATIVES 3.1 Alternative 1: Build the Northeast LRT Alignment 3.1.1 LRT Alignment Description 3.1.2 Station Description 3.1.3 Ridership Forecast 3.2 Alternative 2: No-Build Alternative TABLE OF CONTENTS (CONTINUED) 3.3 Alignment Analysis 3.3.1 Mississippi River Crossing 3.3.2 Central Avenue Alignment 3.3.3 I-694 Crossing Analysis 3.4 Connection to Hennepin County Stage I LRT System 3.5 Goals for LRT in Northeast Corridor 3.6 Regional Transportation Policies, Goals, and Objectives 3.7. Conclusions of previous LRT Studies in the Metropolitan Area 4.0 AFFECTED ENVIRONMENT 4.1 Introduction 4.2 Demographics 4.3 Community and Neighborhood Boundaries 4.4 Community Facilities and Services 4.5 Land Use and Zoning 4.6 Traffic 4.7 Transit Service 4.8 Air Quality 4.9 Noise 4.10 Ground-Borne Vibration 4.11 Wetlands/Vegetation/Wildlife 4.12 Water Resources 4.13 Soil Conditions 4.14 Utilities TABLE OF CONTENTS (CONTINUED) 4.15 Steep Slopes 4.16 Parklands 4.17 Visual And Aesthetics 4.18 Historic and Cultural Resources 5.0 ENVIRONMENTAL CONSEQUENCES 5.1 Introduction 5.2 Energy 5.3 Employment 5.4 Capital Cost 5.5 Operating and Maintenance Cost 5.6 Cost Summary 5.7 Community and Neighborhood Character 5.7.1 Build Alternative: BN/University Avenue Alignment 5.7.2 No-Build Alternative 5.8 Potential Relocation/Displacement 5.8.1 Build Alternative: BN/UniversitY Avenue Alignment 5.8.2 No-Build Alternative 5.9 Economic Development 5.9.1 Build Alternative: Bn/University Avenue Alignment 5.9.2 No-Build Alternative 5.10 Traffic 5.10.1 Build Alternative: BN/University Avenue Alignment 5.10.2 No-Build Alternative TABLE OF CONTENTS (COillAlg) 5.11 Transit Service 5.11.1 Build Alternative: BN/University Avenue Alignment 5.11.2 No-Build Alternative 5.12 Air Quality 5.12.1 Build Alternative: BN/University Avenue Alignment 5.12.2 No-Build Alternative 5.13 Noise 5.13.1 Build Alternative: BN/University Avenue Alignment 5.13.2 No-Build Alternative 5.14 Vibration 5.14.1 Build Alternative: BN/University Avenue Alignment 5.14.2 No-Build Alternative 5.15 Wetlands/Vegetation/Wildlife 5.15.1 Build Alternative: BN/University Avenue Alignment 5.15.2 No-Build Alternative 5.16 Water Resources 5.16.1 Build Alternative: BN/University Avenue Alignment 5.16.2 No-Build Alternative 5.17 Soil Contamination 5.17.1 Build Alternative: BN/University Avenue Alignment 5.17.2 No-Build Alternative 5.18 Utilities 5.18.1 Build Alternative: BN/University Avenue Alignment 5.18.2 No-Build Alternative TABLE OF CONTENTS (CONTINUED) 5.19 Steep Slopes 5.19.1 Build Alternative: BN/University Avenue Alignment 5.19.2 No-Build Alternative 5.20 Parklands 5.20.1 Build Alternative: BN/University Avenue Alignment 5.20.2 No-Build Alternative 5.21 Visual and Aesthetics 5.21.1 Build Alternative: BN/University Avenue Alignment 5.21.2 No-Build Alternative 5.22 Historic and Cultural Resources 5.22.1 Build Alternative: BN/University Avenue Alignment 5.22.2 No-Build Alternative 6.0 PROPOSED MITIGATION MEASURES (To be inserted--as appropriate--based on results of analysis) 7.0 REQUIRED GOVERNMENTAL ACTIONS 8.0 LIST OF PREPARERS 9.0 AGENCIES AND ORGANIZATIONS RECEIVING COPIES OF THE DRAFT EIS 10.0 COMMENTS AND COORDINATION 10.1 Scoping Process 10.2 Public Hearing 10.3 Letters of Correspondence 11.0 APPENDICES a t i • s a I 2_ s ate► gl Ili a) ........ 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