PL 10/02/1996 - 7073.,'"�
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PLANNING COMMISSION MEETING
WEDNESDAY, OCTOBER 2, 1996
7:30 P.M.
PUBLIC COPY
(Please return to Community Development Dept.)
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CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MEETING WEDNESDAY, OCTOBER 2, 1996 7:30 P.M.
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LOCATION: Fridley Municipal Center, 6431 University Avenue N.E.
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: September 18, 1996
PUBLIC HEARING: CONSIDERATI4N OF A SPECIAL USE PERMIT. SP #96-16, BY
JUGAL AC,ARWAL:
Per Section 205.08.01.C.(1) of the Fridley Ciiy Code, to allow accessory buildings,
other than the first accessory building, over 240 square feet, on Lot 3, Block 5,
Melody Manor, generally located at 370-372 74th Avenue NE .
PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE CITY CQDE.
�'`� CHAPTER 205. ENTITLED. "ZONING°: �
By adcling Section 205.05.02, 'Application Processes', mmending Sections 205.05.03,
205.05.04, adding Section 205.05.07, 'Vacations', and renumbering consecutive
sections wh�re appropriate.
OTHER BUSINESS:
ADJOURN
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CITY OF FRIDLEY
pLANNING COMMIBBION MBSTIN(3, BBPTB1�Sl3R 18, 1996
CALL TO ORDER:
Chairperson Savage called the September 18, 1996, Planning
Commission meeting to order at 7:33 p.m.
ROLL CALL:
Members Present: Diane Savage, Dave ICondrick, Dean Saba, Brad
Sielaff, Connie Modig
Members Absent: LeRoy Oquist, Larry Ituechle
Others Present: Scott Hickok, Planning Coordinator
Cindy & Gary Jenco, 1420 Cleveland Street,
Anoka, M3nnesota
Jackie Olafson, Children's Home Society
Tim Ducharme, Northco
Dennis Zylla, Northco
APPR�DVAL OF SEPTEMBER 4, 1996 PLANNING COMMISSION MYNUTES:
^ OM TION by Mr. Sielaff, secbnded by Ms. Modig, to apprav� the
September 4, 1996, Plaruiing Commission minutes as written.
IIFON A VOICL QO'�,'F, `-' ALL 1IOTIN� _AYE, CHAIRPERSON BA4A(�E DTCI.ARFD
THE 1�OTION CARRIBD DNANIMOIISLY.
l. PUBLIC HEARI1�iG: CONSIDERATION OF A ZONING TEXT AMENDMEY�TT,
ZTA #96-01, BY IJORTHCO CORPORATION:
To Amend the Friclley City Code, Chapter �05, entitled
"Zoning" :
By amending Section 205:17.C., "IIses Permitted with a
Special Use Permit", by adding:
205.17.C.{5) Commercial Daycares
and renumbering consecutive sections; and
By amending Section 205.18.C., "IIses Permitted with a
Special Use Permit", by adding:
205.18.C.(5) Commercial Daycares
and renumbering consecutive sections.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the
^ reading of the public hearing notice and to open the public
hearing.
PLANNIN� COMMIBBION MEETING SEPTEMB$R 18 1996 PAQE 2 ,�
IIPON !� VOIC� VOTB, ALL VOTINa AYE, CHAIRpgRgpN BAPAaE DECLARFD
THE MOTION CARRIED AND TgE ppgl,ZC ggARI�a OPL�T AT 7s35 P.M.
Mr. Hickok stated the zoning text amendment would allow daycare
centers in industrial districts. The petitioner is Northco
�orporation. This is a specific request; however, the amendment
would be a zoning te�tt amendment for the entire City. The
petitioner has a person interested in using their industrial
facility for a daycare center. The applicant has requested the
City amend the industrial district requirements to allow daycares
as a special use. The applicant would like to locate a 6,500
square foot Children's Home Society tenant in a 36,000 square
foot building located at 500 - 73rd Avenue. -
Mr. Hickok stated, as staff received the request, it be�ame clear
the petiti�n is for a use without language permitting such use in �r
the dis'trict. Staff must evaluate as to whether this is
something the City is interested in pursuing and where best to
place the amendment. The petitioner is asking for a text
amendment. Whether or not we feel that is a special use in this :��
zoning district is a call �hat staff made. Part of the analysis `'
for a daycare facility came down to the type of daycare fa�ility
- stand alone centers for public use, centers within multi-tenant ��--� :
buildings, or centers for private use in a multi-tenant
buildings.
Mr. Hickok stated staff evaluated the State bui3:ding and fire
codes about such uses. The concern is whether this is a
practical use fnr a daycare to be placed in an industrial
facility and be made compatible with the building design. The
answer is yes. The fire codes and building codes are very
specific about how to segregate uses within a complex.
Mr. Hicltok stated, as staff analyzed the area of the code in
which to place the amendment, staff came to the conclusion that a
special use permit would be the best vehicle for daycares. Both
the M-1 and M-2 are industrial zoning districts that could handle
daycares with the appropriate building modifications. There may
be stipulations we would want to place on a daycare in such a
facility. Staff recommends modification of the M-1, Light
Industrial, and M-2, Heavy Industrial, districts to allow daycare
as a special use when they meet the following standards:
1. Daycare centers shall be located in a multi-tenant building
located on an arteriai.
2. Daycare centers shall not exceed 30� of the floor area of
the buildinq. �
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3. Outdoor play areas shall be contiguous to the building.
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�...� PLANNINa CO1rIIrII88ION MEETINa, SEPTEMHBR 18, 1996 PAdB_3
4. Pedestrian crossing areas shall be clearly marked through
the use of pavement markings and traffic signs.
5. Parking shall be at the rate of 1 space for every 100 square
feet of usable daycare space (1:100).
6. Signage shall be limited to wall signage and shall be in
compliance with Section 214 of the City Code.
7. Daycare shall be licensed in accordance with the State and
County requirements.
8. Daycare centers shall comply with building codek3occupancy
and separation requirements.
9. Loading and drop-ff areas shall be designed so as not to
infringe on traffic flow.
Mr. Hickok stated this is a general text amendment. The
stipulations are suggested stipulations that would be included in
the language under the special use provisions in this district.
There may be additional stipulations as staff would ana3yze
^ individual applications� .
Mr. Hickok stated the idea of a special use permit is to make it
compatible with the uses surrounding the area.
Mr. Hickok stated the petitioner did a very nice job in
providing information about the daycare they are hoping to
accommodate, the Children's Home Society of Minnesota, who is
interes�ed in the 6,500 square feet of space.
Mr. Hickok stated staff recommends approval of a text amendment
to districts M-1, Light Industrial, and M-2, Heavy Industrial, to
provide for daycare facilities through the special use permit "
process. He distributed copies of suggested language for the
text. If the commission has.revisions, staff will incorporate
that language into an informal ordinance form before this goes to
the City Council.
Mr. Rondrick stated he is concerned about sound from the
industrial activities that occur in adjacent bays. Has staff
aonsidered this? That could be a probiem in some cases. There
may also be cases of a business who may in the future want to
lacate next to the daycare center.
Ms. Savage stated, if her understanding is correct, this is a
text ordinance amendment that would allow someone to apply for a
r"1 special use permit, and then they would have to go through the
process. If there was a particular problem such as sound, that
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PLANNIN(�i COMMISSION MEBTING SEPTEMBER 18. 1996 PAG�B 4
could be addressed at that time. As far as this applicant is
concerned, does the ordinance first have to be approved and then
does the applicant have to apply for a special use permit?
Mr. Hickok stated yes. The amendment would open the door for the
applicant.
Mr. Sielaff stated one handout stated Section 205.17.0 and the
other states Section 205.18.C. Why are there two?
Mr. Hickok stated 205.17.0 is the M-1; Light Industrial,
suggested language; and 205.18.0 is the M-2, Heavy Industrial
suggested language.
Ms. Modig stated one of the issues stated the building be located
on an arterial street. That is not always going to be the case
for industrial zoning.
Mr. Hickok stated the industrial districts are set up to
accommodate heavy traffic and most have arterial �treets. One
would rarely find a place rahere this does not fit.
Ms.'Mod•iq�stated that would not then be a hindr�nce for"a company
who may want a daycare center.
Mr."°Hickok stated there are goinq to be some.- There are some
industrial areas that are on secondary streets. He thought this
lanquage would be perfect for those situations: In those
situations, it would be difficult for people to get �n and out,
especially at peak times.
Mr. Sielaff asked if this would regulate businesses, such as
Onan, if they wanted to have a daycare center on their site.
Mr. Hickok stated the language is designed for drop-off daycare
centers. If a company wished to have a center inside an existinq
complex, staff would be able.to control that through the building
code. He thought the City would see more of those requests. The
M-1 and M-2 language would recognize daycare is possible. The
stipulations would protect the City. As a request would come
through the process, additional stipulations may be necessary.
Mr. Sielaff stated the language indicates multi-tenant buildings
which seems to preclude that type of daycare.
Mr. Hickok stated this was correct. Multi-tenant speaks to the
drop-off daycare.
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Mr. Sielaff asked if the term "daycare" refers to private daycare �
centers that are not associated with the company.
�.,� pLANNINGt COMMISSZON MEETIN(3. SSPTEMHER 18. 1996 PAaI: S
Mr. Hickok stated the daycare center may or may not be associated
with the company. Staff looked at an example in North Mankato
where a drop-off daycare center is located in an industrial park
and the center gives priority to workers in the park. This would
accommodate associated industrial workers needinq daycare.
Ms. Modig asked if by saying "multi-tenant" would that preclude
those who want a daycare and there is only one other tenant.
Mr. Hickok stated this was correct.
Mr. Sielaff stated he would like to know the definition of a
daycare center.
Mr. Hickok stated a daycare center is defined as any non-home ~¢
based program that for compensation or otherwise provides for the '''
care of children outside their home as part of a 24-hour day. It
includes but is not limited to programs for children known as
nursery school, day nurseries, child care nurseries, and daycare
facilities. •
Ms. Savage stated the language is very broad but it must meet
�.�.� State and County requirements.
Ms. Modig stated she is also concerned about sat�nd and have some
area where we deal with sound-or have the daycare°souAd proofed,.
That is a concern p�rticularly for the outside play`areas. z'h�s
must be dealt with somewhere. �
1Kr. Rondrick asked whose responsibility this was. Is this the
responsibility of the City or the responsibility of �hose who run
the program?
Mr. Sielaff stated anyone who wants a daycare in an M-1 or an M-2
would require a special use permit. It would be under the review
of the Planning Commission and the Planning Commission would
still have the flexibility to deny the request if there are
concerns.
Mr. Hickok stated this was correct. The City Council would make
the final decision.
Mr. Zylla stated he was a partner in the land that is under
consideration. He is looking at it from a broader issue. He was
at the meeting with Mr. Ducharme and Ms. Olafson, who is
representing the provider and who could provide additional
information on the provider. In staff's presentation, some of
the limitations don't seem part�of the recommendation. When he
,� drafted the zoning text amendment, he suggested it be a permitted
or accessory use. Staff is recommending a special use. He still
PLANNINQ COMMI88ION MEBTING, BEPTEMBBR 18. 199b P�GE 6
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feels it is a permitted use in a commercial district and the
Planning Commission should allow this as a permitted use in an
industrial district. He did not see the difference between the
permitted and special use. He thought everyone recognizes that
there is a lot of regulation that goes with this. The State
regulates daycare very severely. The buildinq and fire codes
regulate this very severely. If you are concerned that you need
to control due to concerns about sound and/or industrial noise,
he did not think that would happen. Daycare providers will only
locate in an area with a conducive environment for their program.
If there is a user who generates noise, smoke, fumes, etc., the
tenants would not want to locate there.
Mr. Kondrick stated the situation could occur where a tenant
leaves and a new tenant moves in having a aiifferent use. The mix
could change.
Mr. Zylla stated the daycare as a user will need a gnarantee in
their lease that nothing will happen to cause the adjacent use�
to become a problem for them. He thought�the Commission shoulcl
keep in ndind that this is a trend 3n our sociaty. Wit1i more and
more parents working, people want to be close to their children
and like the convenience. When he wrote the language as he did �
with the use as permitted or accessory, he did so because more
larger•corporations are giving consideration to putting daycare
in thei� buildings. -;- Tliey consider it a service to <their -
employees and,'in many case, a necessary part of the fringe
benefit package they provide. He thought the multi-tenaait thing
should be considered carefully. It would not affect t�em, but it
something to consider. He does not have a problem with the
arterial street. The 30� area does not affect them. In their
particular building, they have aaore of a hybrid industrial/office
use. Most of the uses in the building are office. The
uniqueness af the site and appeal is that the parcel is 6.58
acres so it is a large parcel with trees next to the building and
it is not visible from 73rd. It is a nice, private industrial
area as opposed to the John Allen buildinq which is an industrial
warehouse in character. That area is also totally different in
character. He did not have a particular problem with the other
uses.
Mr. Zylla stated he did have a concern with the parking space
requirements. There are 20 employees who are not there all the
time. The center is currently licensed for 99 children and the
parents come and go at intervais. At 1:i00 as suggested, they
would be required to provide 65 spaces which seems severe. He
did not think the parking requirement should be greater than the
requirement in the district or they may be forced to come in for
a variance. ,�
;., pLANNINti COMMI88ION MEETINt3 BEPTEMHLR 18 1996 p�� �
Mr. Rondrick asked if Mr. Zylla thought the requirement was to
high.
Mr. Zylla stated yes. The user could also speak to that. He did
not do a parking count. They have enough parking for the
building but the building is not full either. Parking is always
something to be concerned about. He would rather not be
subjected to an unusually rigid requirement and find that we
cannot meet it when rae know it is functionally not necessary.
The only other concern relates to the limitation on signage which
says no independent free-standing signs. If you have been to the
site, they have a sign listing the tenants. They would like to
have the daycare on that sign because it is not an easy place to
find. They are excited about the possible amendment. He would
like to see this as a permitted use. Hopefully, with the other
comments and consideration of concerns, we can get this passed on
to the City Council and consummate their lease with this tenant.
Ms. Olafson stated she was the divisional director for chiYdhood
services for the Children's Home society. They currently.operate
18 child care centers around the sta�e, generally affiliated with
technical colleqes. They currently operate a site at th�e Spring
� Lake Park High School. Th�ir intention is to move to this
facility from the Spring I�ke Park High School. The space they
are currently using is needed by the �chooi district, and they
must move by June 1997. , '^
Ms. Olafson stated they now provide services for 99 children with
20 staff. They use about g to l0 parking spaces which has been
suf�ici�nt over the years. They have a comparable parking
arrangement with the St. Paul Companies where they have a center
for 118 children with 12 parking spaces for the fa�nilies. That
should qive an idea of their needs. =�10 spaces for sta�f and 12
for the families should be sufficient. They are licensed by the
State and accredited which is a step above the requirements.
They pride themselves in providing exceptional services. They
have staff who have been with them for 10 to 15 years at the
Spring Lake Park site. There is a lot of discussion about
quality of day care and part of that discussion is the length of
service for staff. Staff are long term and provide a continuity
of service. They have a strong following of families in the
Spring Lake Park community and have tremendous support to stay in
this area. They believe the move to Fridley, while it would be a
relocation, is a short distance and they could continue to serve
the families they now serve plus additional families from Fridley
as well.
Ms. Oiafson stated they have toured the building and<looked at it
�"�,, very carefully. They would not put a center into anything but a
pleasant environment for the children. The playground would be
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pLANNINa COl►II►iI88ION MEETINt�. SEPTEMHER 18. 1996 PAt38 8
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private and protected with doors directly into the building.
They have worked with an architect to desiqn the inside to meet.
all the requirements and provide ample square footage. Beyond
the code, they want to provide a positive approach to a
curriculum for the children. They are exaited about this
possibility.
Mr. Kondrick asked how many children are in the present daycare
center and how many will be in the proposed center.
' Ms. Olafson stated they currently have 99 children. The proposed
space would be for 95 children. They will not go bigqer than
that.
Mr. Sielaff asked if the State would come out and inspect the new
facility.
Ms. Olafson stated yes. They look at the pians ahead of time to
make sure everything meets their requirements. They will t�ave to
do some major renovation.
Mr. Sielaff asked if the State considers the area beyond the
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Ms. Olafson stated no.
Mr. Rondrick stated concerns have been raised about sound in the
event noises are excessive.
Ms. Olafson stated that is a good point. They have been throuqh
the building and did not zero in on how soundproof t2�e building
was, but they will look at it again. They do go at pgak traffic
times. They would work with Northco to make sure that the ' ._.
tenants coming in are not a detriment to their operation. T�eir
board of directors will look closely at those issues before
approving.
Mr. Ducharme stated the owners of the building are as concernad
about the noise as are the other tenants. Children can also be
noisy and this is a concern. The appropriate precautions will be
taken to soundproof the area.
MOTION by Mr. Rondrick, seconded by Mr. Saba, to close the public
hearing.
IIPON A VOICE VOTL � ALL VOTINt� AYE � CHAIRPERSON SA�A(�L DTCI�ARLD
THE MOTION CARRIED AND T8E pIIBLIC BEARIN(� CL08LD AT 8=20 P.M.
Mr. Kondrick asked how many parking spaces wouid this person be ,-�
required to provide.
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PLANNINa C01�1I88ZON MELTINa. BLPTEMBBR 18. 199b PAaE 9
Mr. Hickok stated, at the rate of 1:100 which staff feels is
appropriate, Northco would be required to provide 65 spaces.
That language comes from the code for daycares in a residential
district. In the residential section of the code, the following
language is included:
(bj Reduction of parking spaces may be allowed when
provision of space required for parking stalls, due to the
particular nature of the proposed use or other
considerations, would be an unnecessary hardship. Adequate
open space shall be provided to satisfy the total number of
required parking spaces.
Mr. Hickok stated, at least in the residential section, it leaves
some discretion. If.the Planning Commission feels this would be
appropriate in the industrial district, staff can look at it.
One conc�rn of staff is the peak times in morning and evening
when the industrial complex itself is busy and other demands on
parking exist in the facility.
Ms. Savage stated another alternative would be the variance
opportunity for special circumstances.
Ms. Modis� stated, on this site, we would require this tenant to
have 65 additional spaccs. '
itr. Hickok stated no. We would require 65 parking spaces be
dedicated to this use.
Ms. IKodig asked how many spaces are available now.
Mr. Hickok stated there�are a number of pockets for parking at
this site. He would estimate the total number of spaces to be
over 200. The cocle recognizes there are demand times. There are
alternating parking opportunities here. Staff believes there is
ample space for those who work in the building. Staff wants to
make sure that people are accommodated during the peak times.
Ms. Savage stated this parking requirement would apply to
everyone. She did not think the Commission should be
concentrating on the particular applicant.
Mr. Sielaff wondered why the requirement was needed at all.
Ms. Savage stated we want some guidelines if this is going to
apply to the M-1 and M-2 districts. Applicants have the
opportunity to ask for a change when they apply for the special
use permit. �
Ms. Savage stated she had a question concerning the multi-tenant
PLANNI�a COMMI88ION MEgTING. BBPTEMggR 18. 1996 PAaB 10
building. If a corporation such as Onan wanted to have a
daycare, how would that work into this amendment.
Mr. Hickok stated one way in which to accomplish this could be to
say that the daycare would be located in a buildinq on an
arterial street and to say that the day care maximum floor area
shall not be more than 30� of the floor area of the building.
Staff wants to make sure that an industrial site is not utilized
as a daycare center.
Mr. Zylla stated, regarding parking, 190 parking spaees at their
site sounds about right. The general office requirement is 1
parking space f�r every 250 square feet (1:250). They have
45,000 square feet of building space so they would need 180
spaces. If this would change to 1:100, the number of spaces
becomes much higher or 450 spaces. That more than doubles the
requirement. If the requirement remained the same as they are in
the district, they would be fine. Or, have tiiis considered as
part of the variance application. He would rather not be
applying for a variance.
Mr. Hickok stated the proposed requirement comes out of the
special use pern�it language for the res�dential district. The
same s8ction allows for a reduction in the-number of•spaces whicla
may be allowed if this would be a hardship. This is esse�tially
a proof of parkinq. if it is deemed that•this use`�`�ould.survive
with less, it does give the discretion to have less.
Ms. Savage stated this is an issue that could be raised and
discussed a�t the time of the special use pea�nit application.
Mr. Sielaff asked if it would be staff who would have the
discretion to have less.
Mr. Hickok stated, if built into the recommendation, it would
give staff the ability to say we believe this caveat applies, the
Planning Commission would have to concur, and the City Council
approve.
Mr. Sielaff asked if there was some problem in dropping the
signage issue. There must be some sign restrictions that already
exist in this district.
Mr. Hickok stated the intent was not to limit the petitioner from
having the name of the business on the freestanding sign. In
this industrial complex, it would not allow them to have a second
freestanding sign. If they wanted, they could give up the
directory sign for a freestanding sign. It was meant to protect
from those who want their o�r► freestandinq sign.
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,,...� pLANNINa COMMI88I0� MBBTINa 8$PTSMBBR 18 1996 PAaE 11
Ms. Savage stated, if there is already an existing freestanding
sign with the existing tenants listed, they can put the
additional tenant's name on that sign, but they cannot increase
the size of the existing sign unless it is within the code
requirement.
Mr. Hickok stated this was correct. They can work within the
code requirements, but no additional freestanding signs would be
permitted.
Ms. Savage asked if the Commission would like to leave the
parking criteria as presented or add additional language.
Mr. Sielaff stated he would like additional language.
Mr. Saba stated he would like to go with the language that exists
for the M-1 and M-2 district. He did not see that a daycare
center would require the extra parking. He felt the reqtairements
in the zoning code were adequate.
Mr. Sielaff stated he thought the language as pre�ented was tao
restrictive.
�� Ms. Savage stated she wou3d prefer leaving it as it is without
beinq t�o specific because the Commission would be dealinq with
all kinds of businesses.: It will also c3epend on the type of
industrial complex involved. She would personally prefer to
leave sonde decrease withouic a fixed number of parking spaces put
into an ordinance �hat will have many different typ�s o�
apglicants.
Mr. Saba stated the code already indicates the number of spaces
required, the size of the spaces, etc. It is now that there is a
daycare in the facility.
Mr. Sielaff stated, with discretion, we could allow even less
parking.
Ms. Modig stated she thought they should be more language in
order to allow some flexibility to make a change. If the
requirement is 1:250 and there is not enough room for that to
happen, there must be a way to get around that. She would like
to add language from the residential section that gives them a
window and also gives the Planning Commission a window to deny
the request.
Ms. Savage stated an issue for discussion is whether this should
be a special use or a permitted use.
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PLANNING COMMI88I0� MEETINt�. SL�1'EMBER 18. 1996 pAQg 12
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Mr. Rondrick stated he could see Mr. Zylla's point but he would
still like to control the request through the special use
process.
Mr. Saba stated he liked the speaial use because there is also
flexibility with the parking issue.
Mr. Kondrick stated he agreed with Mr. Saba regarding the 1:250
parking ratio. He did not know why this would be a problem.
Ms. Savage stated the Commission is not addressing this
particular application. The Coaunission is addressing an
ordinance amendment. The issue in front of us is an ordinance*
amendment. The petitioner wiil have to come before us again for
a special use permit if this is approved.
Mr. Saba stated the existinq code for parking in an industrial
district is 1:250. He did not see a need to change that.
Mr. IZandrick stated we can say they are not special. If wQ had
heard the 1:250'�rule, it would meet their requi�ements. If a
persan needed more or less, w.+e could also deal with that thraugh
�he special use process. . - �
Ms. I�Iodig suggested they leave the parking requirement at 1:250
and add the s�tatement from the residential section. If there is
a problem with an applicant, it could be handled on a casa-by-
case basis and would provide a window.
Ms. Savage asked rahy staff felt the 1:100 was the agpropriate
ratio to use.
Mr. Hickok stated it is consistent with daycare, and daycare does
have a crunch time in the morning and in the afternoon which can
cause a conflict with parking. The 1:100 ratio is a consistent
piece across areas of the code. In the residential area, they
did not want parking ta spill over onto the street. There is the
same concern in the industrial district.
Mr. Sielaff asked, in Spring Lake Park, does the daycare center
have a designated number of parking spaces.
Ms. Jenco stated they have 30 spaces. They share a parking
facility with the other programs that are in the same wing. It
does not seem to create a problem that staff are foreseeing.
There is somethinq of a crunch time, but it is really more
staggered more often. Occasionally, there may be a number of
people showing up at one time but that is not the norm. She has
children in her classroom that may arrive as early as 6:30 a.m. ,-"�
or as late as 10:30 a.m. They currently have about 30 parking
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PLANNINa COMMISSION MEETING SEPTEMH$R 18 1996 PAG$ 13
spaces for their program and the other programs in their wing.
Because they share, their need is even less. People are there
for short periods of time and they don't all show up at the same
time. Arrivals are staggered. On the sign in/sign out sheet,
she rarely sees more than one person cominq at one time.
Ms. Olafson stated they are talking about 70 families. If only
half coine at any one time, that is only 35.
Ms. Savage stated the center in Spring Lake Park is not in an
industrial building. We are looking to have general language
which will provide the controls we need for all situations. She
personally would like to keep the requirement the way it is.
Mr. Zylla stated they must understand that the 1:100 clearly.is
related to residential, and he knows there is special
consideration for residential. He thought whether it is quasi-
public or religious institutions, they can have the tendency to
disturb the serenity of the r�sidential districts. This is
industrial. Also bear in mind that not all the employees come to
work at the same time. Plus, the landlord is not going to create
a situation that is contrary.to the zoning code that jeopardizes
the parkang requirements for the other tenants.
Mx�. Kondrick stated he felt the 1:250 ratio with some flexibility
was acceptable. He would be comfortable with that. It would be
consisten� with the zoning for the industrial ciistrict.
Mr. Sielaff st�ted they are restricting the parking to 2:250 and
allowing more if that is a burden. � �
Ms. Savage stated, regarding signage, she thought they should add
language that there should be no additional freestanding signse
Ms. Savage stated the multi-tenant would be deleted so the
statement would just say "building".
Ms. Savage stated she agreed in general but she did not agree
with the parking change.
Mr. Sielaff he was not tied to the one as presented. The options
are to go with the 1:100 square feet with the flexibility built
in or to go with 1:250 square feet with the flexibility built in
as is in the existing code.
Ms. Modig stated by doing this they would be complyinq with the
current code but also providing an opportunity to change. They
could be more or less restrictive.
�
PLANNINt� COMMISSION MEETING SEPTEMBER 18 1996 A(3E 14
��
Mr. Hickok stated the ratio of 1:250 is more liberal. Staff
would like to see it more restrictive with the latitude to loosen
the requirement.
Ms. Savage stated Mr. Saba is saying we should stay with the
existing parking space requirements for the M-1 and M-2 district.
She does not agree because this does not take into consideration
that you would have more people coming in for the daycare.
Mr. Saba stated it takes into consideration the space
requirements for the industrial complex. For every 250 square
feet, they need 1 parking space. It has to do with the size of
the building and the percentage of square feet that will be
allowed for the daycare.
Ms. Savage asked Mr. Hickok to clarify the areas of the code
where these parking ratios are indicated.
Mr. Hickok stated the 1:250 ratio is the typical industrial
parking requirement. 1:150 is for retail which is more
restrictive. � •
Mr. ICondrick stated he thought the i.nrlustrial zoning was �
restrictive enough. �
Mr. Bielaff stated, if you go with the additional language from
ihe residential section, you are actually loosening the
requirement. If you say 1:100, you can then loosen it. If you
go 1:250, you have already reduced the requirement. T�ie 1:100 is
most restrictive and gives the most €lexibility. .
Ms. Savage stated the City�s position is that you will have more
people with this added element. With a daycare-there, there will
be more traffic and more of a parking requirement.
Ms. Modig asked if the idea for this use was to fit in with the
industrial�district regarding the buildings, code, etc. By
changing the parking from industrial to residential, it does not
mesh. The parking must fit in with the rest of it.
Ms. Savage stated the problem with the industrial parking ratio
is that it does not allow for additional demand.
Mr. Saba stated, when the building is constructed, they had a
parking requirement. Now for a daycare to go in, they must
change that. It makes it difficult to put in a daycare center.
From his knowledqe of the daycare centers and the working hours
at the facilities he has worked, people come in at a variety of
times. �
PLANNINa COMMISSION MLETING, BEPTEMBER 18, 1996 PAa$ 15
,�'"'ti,
Ms. Modig stated she came down 73rd that evening. There are a
lot of cars leaving at the same time in this particular area.
Ms. Savage asked, if we go with the current requirement of 1:250,
how can we if necessary increase the parking if�there is a
situation where that is needed.
Mr. Hickak stated there is a provision in the residential portion
that states, "When the provisions for required parking space is
inadequate, the City may require additional off-street parking be
provided."
Mr. Sielaff stated he could support the 1:250 ratio with that
language.
MOTION by Ms. Modig, seconded by Mr. Rondrick, to recommend �
approval of a Zoning Text Amendment, ZTA #96-01, by Northco
Corporation, to amend the Fridley City Code, Chapter 205,
�ntitled "Zoning", by amending Section 205.17.C., "IIse� Permitted
with a Special Use Permit", by adding: 205.17.C.(5) Gommercial
Daycares, and renumb�ring consecutive sections; and by aaaending
Section 205.18.C., "Uses Permitted with a Speciai Use Permit", by
� adding 205o1�.C.(5) Commercial Daycares, and renumbering
consecutive sections; with the following amended stipulations:
1. Daycare centers shail be located in a building located on an
arterial.
2. Daycare centers shal� not exceed 30� of the floor area af
the building.
3. Outdoor play areas shall be contiguous to the building.
4. Pedestrian crossing areas shall be clearly marked through
the use of pavement markings and traffic signs.
5. Parking shall be at the rate of i space for every 250 square
feet of usabie daycare space (1:250).
(a) Reduction of parking spaces may be allowed when
provision of space required for parking stalls, due to the
particular nature of the proposed use or other
considerations, would be an unnecessary hardship. Adequate
open space shall be provided to satisfy the total number of
required parking spaces.
(b) When the provisions for required parking space is
inadequate, the City may require additional off-street
,� parking be provided.
PLANNING COMMIggION MEETING BEpTEMgER 18 1996 PAGE 16
/'��
6. Signage shall be limited to wall signage and shall be in
compliance with Section 214 of the City Code. No additional
freestanding signs shall be allowed.
7. Daycare shall be licensed in accordance with the State and
County requirements.
8. Daycare centers shall comply with building code occupancy
and separation requirements.
9• Loadinq and drop-ff areas shall be designed so as not to
infringe on traffic flow.
IIPON A VOICE VOTR, ALL VOTIATG AYE, CBAIRPLR80N DECI,ARED THE
MaTION CARRITD IINANIMOIISLY.
Mr. Hickok stated the City Council would consider this item on
October 14.
2. RECEIVE THE MINUTES OF THE PARKg AND gECREATION COMMISSION �
MEETING OF AUGU�T 12 1996 (alonq with September 9 1996
update)
MOTION by Mr. Kondrick, seconded by Mr. Saba, �o receive the ��
minutes of the Parks and Recreation Com�nissian meeting of August �
12, 1996, along with the September 9, 1996, update.
UPON A VOICT VOTTs, ALL pOTIIJG AYE, CHAIRPERSON BAYAaB DECLARED
T8E MOTION C1ilRRIED IINANIMOIISLY.
ADJOURNMENT
MOTION by Mr. 5ielaff, seconded by Mr. Saba, to actjourn the
meeting.
IIPON A VOICB VOTS, ALI, pOTING AYE� CHAIRPERBON SAPAGS DECLARED
T8E MOTION CARRIED AND THE BEPTLMBER 18, 1996, PLAIJNING
COMMI88ION MEETING AD.TOIIRNED AT 9:06 P.M.
Respectfully submitted,
•`.���1.' I I �/ r/'� �l � � ' � /
��1 �J � �. I � �;,/ ,
Lavonn Cooper �
Recording Secretary
�
S I G N— IN S H E E T
� PI.ANNING COMMISSION.MEETING, � September 18, 19.96
. Name Address/Business
L. ���> >, i l-�.��% �l P�/� �c� '� -���c�/�
:7_;; '',.� < i Lr� I� S�, � f(, CS �Crs�-/S S�_ i� l�
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DESCRIPTION OF REQUEST:
The petitioner request.s that a special use permit be issued to allow cons�uction of a second
accessory structure over 240 square feet. If approved, the peti#ior�er would construct a 16 ft.
by 20 ft. detached garage in the rear yard.
5UMMARY 4F ISSUES:
Section 205.08.01.C.(1) of the Fridley City Code requir� the issuance of. a special use permit
to construct a second gar�ge over 240 square feet.
Currently located on #he property is a duplex and ar� e�asting finro�ar garage. The proposed
garage w611 not exceed the 30% maximum lot coverage as r�ulated by the R-2, Tv� Family
Dwelling District. The Cityr typicaliy requires the follovtring stipulation.s wfiert issuing special use
perrnits for seoond accessory stnactures: (1) a trarr! sw�fa� driveway, (2) no I�me
occupatior�s within the structure; and (3} arch�ectural compatibility of ttae struciure with the
dwelling.
Th� prop�ty has had a history of code eninrcemerrt problems, including improper stora�e
complairrts �s recently as July 1996. .A fire occurr�d recerrtiy which was caused by jweniles
starting fire to dry leav� behi►x! the existing garage. Prop� storage of r� and other
materials will be required.
The stnacture as proposed does not adversely impact adjac�t properties ar� will not be
constructed within any easernerrt are�as.
STi4FF RECOMMENDATION TO THE PLANNING COMMISSION:
StafF recommends that the Planning Commission recommend approval of the request to allow
construction of a sec�nd accessory stnacture over 240 square feet with the following
stipulations:
1. The petifioner shall provide hard surface driveways by November 1, 1997.
2. The accessory structure shall not be used for a home occupation.
3. The stn�cture shaN be archite�turally compatible with the ebsting dw�ling.
4. Vehicles, reiuse, and other materials shall be stored in �mpliance with the Ciiy Code.
Staff Report
SP #96-16, by Jugal K. Agarvval
Page 2
PROJECT DETAILS
Petitlon For. A special use p�mit to allow construction o# a second accessory
str�ucture over 240 square feet.
Location 370-72 74th Avenue N.E.
of Property:
Legal Description Lot 3, Block 5, Melody Manor
of Property:
Size:
Topography:
ExistBng
Vegetation:
Existing
Zoning/Platting:
Av�ilability
of Nlunicipal
Utilities:
Vehicular
Access:
Pede�rian
Access:
Engir�eering
Issues:
Site Ptanning
Issues:
9,784 square feet
Fiat
Tre�, sod
R-2, Two Family Dwelling; Melody Manor 1961
Connected
74th Avenue
N/A
N/A
N/A
J
n
�
�
staff Report
� SP #96-16, by Jugal K, Agarwal
Page 3
ADJACENT SITES
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Planning Issues:
Public Hearing
� Commerrts:
Zoning:
Land Use:
Zoning:
Land Use:
Zoning:
Land Use:
Zoning:
Land Use:
R-2, Two Family Dw�ling
Dupiex
R-1, Single Family Dwelli�g
Residential
R-2, Two Family Dw�ling
Duplex
R-2, Two Family Dw�lling
Multi-Family Apartment
The zoning and Comprehensive Plan are consistent in this
location.
To be iaken.
DESCRIPTION OF REQUEST
The petitioner requ�ts a special use permit to allow the constn�ction of a second
acxessory structure ov� 240 square feet. If approved, the p�itioner would construct
a 16 ft. by 20 ft. detachsd garage in the rear yard. The garage is proposed to be in
the souihw�t comer of the property.
Developmer�t Site
Property Description and History
The subject parcel is located on 74ifi Avenue east of University Avenue. Located on
the parcel is a 32' x 50' duplex constivcted in 1964. Located in the southeast comer
of the rear yard is a 22 ft. by 24 ft. detached garage built in 1978. The property is
zoned R 2, Two Family Dwelling, as are a majority of the surrounding parcels, with
the exception of the parc� to the rear which is zoned R-1, Single Family Dw�ling.
Analysis
The proposed garage will be used to store a vehicle for the second uni� Currerrtly
�"'� v�icles park in the w�t�iy side yard adjacent to the dwelling uni� There are hard
Staff R�ort
SP #9�16, by Jugal K, Agarwal
Page 4
surface drnreways on the propeny. An ext�sion of the westeriy drnre will be required
to connect with the new structures. Typical stipulations regarding secorxf accessory
structures include:
1. Providing hard surfiace driv�nray extension.
2. Requiring the structure to be arch�ecturally compatible with the dw�ling.
3. No I�me occupations shall be conducted with the acc�sory structure.
The proposed garage does not increase the lot coverage ov� the maximum
p�rmitted by code which is 30%. The structure wiil not be constructed within the
drainage and ualiiy easemerrt.s adjacent to the west and south lot lines. The distance
to the nearest structure to the rear is 80 fee� therefore, there will be lit�e or no
impact to the property to the rear.
�
The property has had a history of c�de e�forcemerrt problems. These include
improper storage of refuse, inoperable vehicles, lack of refuse corrtainers, improper
storage of mat�ls, and tall grass. Improperly stored gras� clippings caused a fire ^
behind �e existing garage in 1995.
STAFF RECOMMENDATION TO THE PlANNING COMMISSION:
A� the proposed structur� pos� no adverse impact to acljacent pr+�perties, 5#aff
recommends that the Planr2ing Commission recommertd �ppraval of the speciai use
penmit request to construct a second accessory structure ov�r 240 square feet with
the following stipulafions:
1. The pe#itioner shall provide a hard surface driveway by November 1, 1997.
2. The accessory structure shall not be used for a home occ�pation.
3. The structure shall be architecturally compatible with the existing dwelling.
4. Vehicles; reiuse, and other mat�ials shall be stored in compliance with the
City Code.
�
5r �f96-16
�
�
SP #96-16
3 70-72 74th Avenue
Jugal Agarwal
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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 2, 199b at 7:30 p.m.
for the purpose of:
Consideration of a special use permit,
SP #96-16, by Jugal Agarwal, per Section
205.08.O1.C.(1) of the Fridley City Code, to
allow accessory buildings, other t�ian the
first accessory building, over 240 square
feet, on Lot 3, Block 5, Melody Manor,
generally located at 370-372 74th Avenue NE
�
Any and all persons desiring to be heard sha11 be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to the Community Development
Department at 572-3599.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than September 25, 1996.
Publish: September 19, 1996
September 26, 1996
,�
DIANE SAVAGE
CHAIR
PLANNING COMMISSION
. _ �- ,
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�
CITY OE FRIDLEY ,. ^
6431 UNIVERSITY AVENUE N.E. :
F'RIDLEY MN 55432 � t,:� �; �. �� � � ���_ ., � �si�� . . , '
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{612) 571-3450 COMMUNITY � DEVELOPMENT DEPARTMENT : '� ,J
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SPECIAL USE PERMIT ApPLIC'ATIt7N=FnR 1� ��A�� `.
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PR PE TY I F RMATI -'site`plan required for'�s�[br�utta.l;�see attaclied
Address: �, C37Z �, �l:T�1 ' =AV � � �-,�- � �- .. � , �� -: . . � 3 _ .
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�p #�6_16 Mailing List Mailed: September 17,199
Jugal Agarwal
�
J��al K. Agarwal
3015 - 12th Street NW
ATew Brighton, MN 55112
Current Resident
7398 Symphony Street NE
Fridley, MN 55432
Robert/Karen Dove
7505 Jackson Street NE
Fridley, MN 55432
Daniel/Joanne Fay
729 Kimball Street
Fridley, MN 55432
Moharram/Karen Akbari
or Current Resident
7396 Symphony Street
Fridley, MN 55432
Moharram/Karen Akbari
PO Box 33332
NE Coon Rapids, MN 55433
Grace Lutheran Church
or Current Resident
460 - 75th Avenue NE
Fridley, MN 55432
Current Resident
7385 University Ave.
Fridley, MN 55432
Daniel/Joanne Fay
NE or Current Resident
7361 University Ave.
F�idley, MN 55432
K�neth/Elnerine Johnson
; 0 Tempo Terrace NE
FYidley, MN 55�32
Kenneth/Marion Merryman
or Current Resident
7348 Syinphony St. NE
Fridley, MN 55432
Elwood/Barbara Tangren
or Current Resident
7368 Symphony Street NE
Fridley, MN 55432
JH Helgerson/CK Dunn
or Current Resident
7388 Symphony Street NE
Fridley, MN 55432
Jeffrey/Monique Harris
or Current Resident
7397 University Ave. NE
Fridley, MN 55432
Able Property Managemen
NE or Current Resident
7373 University AvenueN
Fridley, MN 55432
Kenneth/Elnerine Johnson
or Current Resident
NE 7351 IIniversity Ave. NE
Fridley, NII3 55432
Able Property Management
or Current Resident
7337 University Ave. 1dE
Fridley, MN 55432
Thorwald Johannsen
or Current Resident
7358�Symphony St. NE
Fridley, MN 55432
Able Property Managemen
9920 Zilla NW
Coon Rapids, MN 55433
Merlin/CindyWolterstorf
or Current Resident
7362 Syrnphony Street NE
Fridley, MN 55432
Anthony/Cynthia Schreiner Haakon/Jane Oksnevad
or Current Resident or Current Resident
7372 Symphony Street NE 7378 Symphony Street NE
Fridley, MN 55432 Fridley, MN 55432
CPG Enterprises
233 West Grandview Ave.
Roseville, MN 55113
CPG Enterprises
or Current Resident
380 - 74th Avenue NE
Fridley, MN 55432
Current Resident Current Resident Able Property Managemen
370 - 74th Avenue NE 372 - 74th Avenue NE 10272 Winter Place
F�'dley, MN 55432 Fridley, MN 55432 Eden Prairie, MN 55347
Current Resident
360 - 74th Avenue NE
Fridley, MN 55432
Beverly King
or Current Resident
7381 Symphony Street
Fridley, MN 55432
Byron/Nona Eliason
or Current Resident
7351 Symphony Street
Fridley, MN 55432
Lawrence Nierengarten
or Current Resident
7360 Lyric Lane NE
Fridley, MN 55432
Wayne/Karen Young
or Current Resident
7399 Symphony Street
Fridley, MN 55432
Nickolas/Karen Mehan
or Current Resident
NE 7371 Symphony Street
Fridley, MN 55432
Marilyn/Curtis Myrl�,e_ , �
or Current Resident
NE 7391 Symphony Street NE
Fridley, MN 55432
Darryl/Carlene Ledin ,r''1
or Current Resident
NE 7361 Symphony Street NE
Fridley, MN 55432
David/Marguerite Mathisen John/Mary Miller
or Current Resident or Current�Resident
NE 7341 Symphony 5treet NE 7350 Lyric Lane NE
Fridley, MN 55432 Fridley, MN 55432
Robert/Kelly Piekarski
or Current Resident
7390 Lyric Lane ATE
Fridley, MN 55432
Rudolph Bayer
or Current Resident
7411 University Ave. NE
Fridley, MN 55432
DA Peterson/JD Behun
1410 So. Ferry Street
Anoka, MN 55303
Rudolph Bayer
or Current Resident
371 - 74th Avenue NE
Fridley, MN 55432
D. Peterson/J. Behun
825 - 1st Street NW
New Brighton, MN 55112
City Council Members
Wilbur/Marion Ertl
or Current Resident
7370 Lyric Lane NE
-Fridley, MN 55432
Lynn/Christine Hansen
or Current Resident
350 - 75th Avenue NE
Fridley, MN 55432
Rudolph Bayer
2921 Brookshire Lane
New Brighton, MN 55112
DD Bethune
24297 Heath
Forest Lake,
J. Behun/D.
1287 Norton
Fridley, MN
Avenue
MN 55025
Vera Schmidt
or Current Resident
7380 Lyric Lane NE
Fridley, MN 55432
Lynn/Christine Hansen
230 Rice Creek Blvd. NE
Fridley, MN 55432
DA Peterson/JD Behun
or Current Resident
351 - 74th Avenue NE �1
Fridley, MN .55432
DD Bethune
or Current Resident
361 - 74th Avenue NE
Fridley, MN 55432
Peterson J. Behun/D. Peterson
Avenue NE or Current Resident
55432 389 - 74th Avenue NE
Fridley, MN 55432
D. Peterson/J. Behun
or Current Resident
415 - 74th Avenue NE
Fridley, MN 55432
Diane Savage, Chair
Planning Commission
567 Rice Creek Terr. NE
Fridley, MN 55432
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DESCRIPTION OF RE�UEST:
In 1995, the Minnesota Legislature adopted Minnesota S`tatute 15.99 requiring ell agency
approval processes to be completed within 60 days. Failure to a�t on an applic�tion within
60 days v�rould constitute automatic approwal of the request. The regulating ag�, with
writt� notification and findings of iact, may extend the review time an additior�ai 60 days.
A five m�nber task force comprised ofi stafF ar�d City Council members analyzed the City's
approval pn� ar� made recammendatior�s as to how. they could be str�nlined to
comply with �e Statute. This Zoning Amendment will bring the City's pracesses irrto
compliance with ihe �Statute. -
SUMMARY OF ISSUES: � •
Affected by the proposed mmendment is Section 205.05.02-08 of the Zoning Code. Th�se
sections perta�n to Zonir�g Admin'�stration. Language changes ir�lude requiring the� Planning
Commi�sion to act on an application within 4D as opposed to 60 days of receipt of an
apPlicafion, establishrnerrt of a process to vac�te stre�s and e�asements, and r�quiring
application proc� to comply with Statute 15.9�.
In addition, this report indude.s changes to Chapte� 211, "Subdivisior�s", and th� Charter, for
which the Planning Commission is not required to conduct a hearing. Staff would like the
Commission to review and provide comme.�nt rega�ding the proposed changes to those items.
RECOMMENDED ACTIONS:
Staff recomm�ls that the Commission discuss the proposed orclinance changes as
discussed in the report and attached for Chapter 205, Chapter 211, and the City Charter,
recommend changes, and recommend approval of the proposed changes to the City Council.
Staff Report
60 DaY A9encY Action Law
Page 2
Description of Request
The CitY is amendin9 several sections of the Zoning Code rega�di�g Zonir�
Administrstion. Specifically Sechons 2�.�.p2-pg. m� ��m�s a�.e a result of
1995 legislation (See attached AAN Sta�te 15.99) requiring agencies to proc�s
ePPlicatior� within 60 days or the�y will be automatically aPProved. In addition to the
Zoning Code cl�nges, s�ff is also preparin9 changes to Chapt�- 211, titled
°Subdivision°, and there is a minor c�ange to the Ciiy Charterr regarding vacatior�s.
Whi�e the Commission is not required to c�onduct a public hearing regar+ding these
additional changes, they are ir�cluded in this report for the Commission's review arx!
comment
Request History
�n �Y� th° C�Y ���i� �tab�ished a task forGe to review th� impact oi the
legislation on the Ciiy's land use processes. �he task force was comprised of
Councilmembers Billings and Boikcom, and the Planning Staff. The task force met
iwice, at the end of May ar�d beginning of June. The task #once recornmended a
series of actions the Courx,y� should pursue to comply with the statute (see attac�ted
m�mo dated Jt�qne� 25, 19g6). •
The task i+�rce b�an its work by revi�nring ar� analysis of cal�xiar clays for e�ch
larx! use application proc� by the Planning staff (s� Att�ehment A). Of the 8
land use appiication.s, oNy 4 comply vwth the s#atute. Subdivision,s are allowed to
excee�! 60 days as th�re is a process established by statute which allows 12{) days
to process a subdivision application. From this analysis and a sunr� of other
commun�ti� (Attachmer� 8), the taslc fo�e g�e�ated a series of rec�mm�datior� to
short� tf� lartd use pn�.
Proposed Changes - Zoning
Staff has prepared the language to amend Chapter 205 (see public hearing notice).
In summary, the following changes are proposed:
Section 2 - Application Process
Added language requires process to comply
with MN Statute 15.99, notification of complete
aPplicxitions w+thin 10 days, and e�ablishment
of offiCial applic�tion receipt days.
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� Staff R�ort
fi0 Day Agency Action Law
Page 3
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Section 4 - Zoning Ame�ndments
Section 5 - �aeciat Use Pertnits
Amended language requires the Planning
Commission to r�iew applications within 40
days of their rec�pt, and to take aaction on
the request. The public hearing notices will
include the date of the Ciiy Council public
hearing, as the Ciiy Council will oonduct the
publ'�c hearing and hold first reading of the
or+dir�ance on the same ev�ning, within iwo
we� of the Pianning Commission meeting.
(See draft public heaning r�otice)
To iacilitate tabling items, the Cii�► Attomey
F�s drafted star�dard language for use by the
Commission and the Council which will
cx�mpiy with the Statute.
As befor�, the am�ded languag� require.s
review by the Pl�nning Commission wethin 40
days; and to take acfion the same �vening.
Additional language has been added at th�
requ�t ofi the Giy Cow�cil which will aAow
the Ciiy to rec:oup some of its costs
associated with th� revocation o# special use
Permits• •
Se�tion 7- Vacations This section is errtirely new, as the current
ordinance does not establish a me�od of
proc�sing vacation requests. The language
establishes a process similar to that of a
special use p�mi� with the -Planning
Commission conducting the public he�aring.
The curr�t me�iod includes a public hearing
by the Ciiy Council. The language also
requires submission of a petition from the
abutting property owners.
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Staff Report
60 Day Agency Action Law
Page 4
The changes in the language will not affect the way the Commissio� currently
CO�� � b��. �e proPosed channges will �iminate a Council meeting to
establish a public heaning on an item (staff wi11 set the date of the public hearing),
and the Council wiH iypically act on an it�n the same night as the public hearing, if
a he�aring is required (rezoning and subdivision requests). If approved, staff propos�
to implement these changes s�r�ng ��y 1997.
To aid implementation of these c�riges, staff f�as prepared an applic�tion tracking
form and submission requiremerrts checldists. Training for support s�fF wili occur to
aid in implemer�tation of the proposed ordinance ar� instruct as to the proper use of
forms.
Proposed Changes - Subdivision
While the Commission is rtot required to formally act on the propos�i changes to the
subdivision ordinance, staff is pres�nting the changes fior ir�formal discussion ar�!
commerrt �ir�ce the Commission is the advisory body for plat� and lot spli#s. The
following changes are proposed:
S�tion 4. Subd. 1- Lot Snlits .
Section 4. Subd. 2- Plat and
Reqistered Land Sunrev Proc�s
Cfranges to this section include clariiying
those pa�cels eligible for lot spli�s, requirihg �
Certificate of Survey as part of the application,
�tablishing the number of days for review
by the Planning Cortimission and the City
Council
Chang� to this section will establish a
process similar to the zoning am�dmerrt
process in that both the Planning Commission
and the City Council will conduct public
hearings. Staff would establish the date of
the CounciPs public he�aring and r�tify
residems at the same time with the Pianning
Commission notices. Additionally, the
changes �tablish a formal applicafion
process and fee for the final plat Minor
changes also clarify those parcels �igible for
plats.
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60 Day Agency Action Law
Page 5
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Staff vwould like to discuss these changes with the Commission to clariiy any
questions and include ariy commerrts in the proposed changes.
Proposed Changes - Charter
In order to simplify the vac�tion process, the City Attomey has suggested a minor
change to the City Charter. It is the attomey's opinion that the currerrt method of
vacating street.s and easemerrts may be in conflict with the Minnesota State Statutes
(see attached opinion dated June 5, 1996). The Attomey indicates that the Statute
allows vacations by resolution as opposed to ordinance as required under the City's
Charter ar� the current practice. In addition, the City do� not have a formal
process established in the c�ode for the vacxition of streei� and alleys. The ordir�ance
am�dmerrt to Chapt� 2� discussed e�arlier wilt h�p to clarify this.
The City Attomey wili pre.ssnt
Commissiori a# its October 28
chang�,s with the Commission
the proposed changes.
Recommend�tion
the propos� Charter amendmerrt #o the Charter
, 1996 meeting. Staff would like to discuss .these
to clarify any qu�tions and include any commer�#s in
Staff recommends that the Commission discuss the proposed ordinance changes
discussed in the report aau! attached for Chapter 205, Chapter 211, and the Ci4y
Charter, rec�mmend changes, and recommend approval of the proposed changes
the City Councii. .
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Article 18
DEADLINE FOR AGENCY ACTION
Section 1. [15.99] [TIME DEADLINE FOR AGENCY ACTION.J
Subdivision 1. [DEF1NiTION.) For purposes of #his section, "agency" means a department, agency,
board, commission, or other group in the executive branch of state govemment; a statutory or home n,ile charter
city, county, town , or school district; any metropolitan agency or regional entity; and any other poli#ical
subdivision of the state. ,
Subdivision 2. jDEADLiNE FOR RESPONSE.] Except as othen�vise provided in this section and
notwithstanding any other law to the co�atrary, an agency must approve or deny within 60 days a written request
retating to zoning, septic systems, or expansion of #he metropolitan urban service area for a pennit, license, or
other govemmental approval of an action. Faiiure of an agency to deny a request within 60 days is approval of
the request. If an agency denies the request, it must state in writing the reasons for the denial at the time #hat it
denies the request.
' Subdivision 3. [APPLICATION; EXTENSIONS.] (a) The time limit in subdivision 2 begins upon the
agency's �eceipt of a written request containing all information required by law or by a previousiy adopted na{e,
ordinance, o� policy of the agency. lf an agency receives a written request that does not contain ali required
information, the 60-day limit starts over only if the agency sends notice within ten business days of receipt flf the
�eque5t teiling the requester what information is missing.
(b) !f an action relating to zoning� septic systems, or expansion of the metropolitan urban seroice area
requires fihe approval of more than one state agency in the execu�ive branch, the 6Q-day period in subdivision 2
begins to run for all sxecutive branch agencies c�n the day a request containing all required infiormaiion is
received by one state agency. The agency.�eceiving the request must fonrvard copies to other state agencies �
whose approva! is required. ' . . .
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(c) Ari agency �esponse meets the 60-day time limit if the agency can document thai th� response was
sent within 60 days of receipt of the written request �
(d) The time limii in subdivision 2 is e�rtended i# a state statute, fiederal law, or court order requires a
�rocess to occur before the agency acts on the request, and the time periods prescribed in the state statute,
ederal law, or court order make it impossible to act on the request within 60 days. In cases described in this
�aragraph, the deadline is extended to 60 days after completion of ttie lasi process required in the applicable �� �
�tatute, law, or order. Final approva! of an:agency receiving a request is not considered a process for purposes-
�f this paragraph. �
(e) The t+me limit in subdivision 2 is extended if: {1) a request submitted to a state agency requi�es prior:
approval of a fede�al agency; or (2) an application submitted to a city, courriy, town; school district,�metropolitan I
or regionat entity, or other polifical subdivision requires .prior approval of a state or federal`ager�cy ::�In cases ,:`
described in this paragraph, the deadline for agency action is extended to 60 days afte� the required prior; :: "
approval is granted.
{fl An agency may extend the timeline under this subdivision before #he e�d of the in�a160-day penod=;`
by providing written notice.of the extension to the applicant�� The nofiflcation must state the reasons for the ��: �
extension and its antiapated length, wh�ch may not exceed 60 days unless approved by the applicant ����; ���-�� ,,
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Section 2[EFFECTtVE DATE]� ��` �—''�o- WY� -��i f rf�{ �ia F��.. "� . t{,:
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�;- : Section 1 is effedive.July;1,�1995;�and �applies to�any wr�tten request submi#ted:af�er�that:date:�' ~ �'
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PLANNING DIVISI4N
DATE: June 25, 1996
TO: William Burns, City Manager
Honorable Mayor Wiiliam Nee
FROM: Councilmember Steve Billings
Councilmember Ann Bolkcom
. ,�arbara Dacy, Comrtaunity Development Director
Scott Hickok, Planning Coordinator ;
� Michele McPherson, Planning Assista�t
� SUBJECT: Sixty Day Agency Action Law _� .
. � : •
On May 20, 1996, the City Council established the�Sixty,:Day Agency Action Law T.ask
. Force fo review the City's timelines for processing land use �applications and to
recommend policies, processes, and procedures to compl� �vith the Sixty Day Agency
Action Law adopted by the State Legislature in 9 995 (copy of law attached).
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The Task Force met on firvo occasions, May 29, '19�, and .June 5, 199fi. This memo
wifl summarize each of those meetings and establish a series�of recommended actions
fo comply with the Sixty Day Agency Ac�ion Law.
Mav 29, 1996 Meetinq
The Task Force held its first meeting on May 29, 199fi: At that meeting, the following
items were reviewed by the Task Force:
1. A matrix anafvzinq each of the la�d use aaalications. This matrix
calcutated the number of days from the application date to the first
Commission: meeting and the number of days befinreen the Commission
meeting and the City Council approval which determined #he totat number
of days. The matrix also rioted the number of days established by State
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Sixty Day Agency Action Law
June 25, 1996
Statute and the number of days established by local ordinance. It was
noted that land use appfications may take anywhere f�om 39 days
{variance applications) to 102 days (vacation, rezoning, zoning ordinance
amendments) for completion {mat�ix attached)_ -� .
!t was noted that state statutes do not require public hearings for la�d use
items at the City Council meetings. The Planning Commission is required
to conduct the meeting_ Further, it was agreed that 3-4 weeks was
necessary prior to the Commission meeting for staff to complete state-
manda#ed hearing ads and notices, as well as check the appiications for
compieteness. This time frame is consistent with curren# praciice.
2• A fist of recommended c�olicies and procedures The policies and
pr-ocedures establish routines for receipt of applications, minimum -
submission requirements, fonnal notification processes, checkiists for
files, etc.
Ai the conclusion of #he first Task Force meetir�g, stafiF was directed fo complete �he
�ollowing activifies for fhe next meeting: �
�
'�� � Interview other.communities regarding their land use �rocesses inclucling ' �
' whefher.or riot advisory commissions are teiev'ised. �� � �
. 2. - Draft prel�minary check�ists for minim�am submission requirements for
apFlications.
�. ° Speak with the City Attomey regarding vacation requests and �vhich,� if .
any of our land us� processes, are supporfed by State S#atute.
4• Review when Planning Commission minutes afe received by the City
Council.
5- Identify possible ordinance changes #o comply with the 60-day window.
June 5: 1996 Meetina
At the June 5, 1996, meeting, the Task Force reviewed the mafrix dowmenting the
survey results of other cifies. Staf# interviewed 92 cities (see attached matrix)
regarding the Sixty Day Agency Action Law and whether advisory commission meeti�gs
are televised. Of the 92 cities interviewed, only 4 of the 12 cities conduct public
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Sixty Day Agency Action Law
�� June 25, 1996
hearings on land use cases before the City Council. Of the other 8 communities, public
hearings are conducted before the Planning Commission. A number of communities
allow the public to speak regarding an item a# the City Councii meetings; however, this
is not in a formal public hearing forum. Four of the communities' processes meetthe
60-day timeframe; however, of the remaining communities, many are attempting to
adjust their processes to comply with the law. Or, if the 60-day timeframe is exceeded,
they are firmly documenting this i� writing and are informing the developer that the
process will exceed 60 days early in the application process.
The Task Force reviewed the City Attomey's opinion regarding the Charter, specifically
regarding vacation requests. It is the City Attorney's opinion that the Charter conflicts
with State Statute and he has indicated a process by which the Charter could be
amended to resolve this cor�flict. The City Attomey also indicated verbally to staff on
June 3, 1996, that state statute specifically identifies a timefirame longer than 60 days
for plats. The City's plat process is the only process which is supported by state
statute. Ali other land use applications which exceed #he 60-day window do not have
support oi state statufie fior extension beyond the 60-day win�low.
The Task Force also reviewed a number of possible ordinance changes to bring the
existing land use �processes within the �60�1ay window. Ordinance changes would
r''1 affect Chapter 205 entitled "Zoning," Chapter 211 entitled "Subdivisions," and the
Charte� (see attached code sections indicating possible ordina�ce changes). �►
number`of these changes include conducting a public hearing-only at ttie Planning
Commission. The Task Force also reviewed and made suggested changes to a
number of checklist� and minimum submission improvements for applications. Draft
versions ofi these forms are attached for your review. •
Recommendation:
After a thorough review of the information gathered by staff, the Task Force agreed to
make the following recommendations to the full City Council in order to comply with the
Sixty Day Agency Action Law:
1. Conduct formal public hearings on all land use cases before the Planning
Commission onlv as required by state statute.
2. On a� annual basis, adopt a schedule of official deadline dates for
Commission and Council review. This date will be the officia! date to start
the "clock" if the applica#ion is complete.
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Sixty Day Agency Action Law
June 25, 1 gg6
3• If ihe appiication is not complete, a letter wi11 be sent to the petitioner
explaining why and stating that the 60-day ciock wiil not start until a
complete application is submit#ed.
4- Prepare an informafional handout on the new s#ate statute.
5 Amend the format of the public notices regarding public hearings io
include both dates of fhe PJanning Commission public hearing and the
Cify Council meefing whe� fhe item will be scheduled. The notice will
clearly indicate that only the Planning Commission wiil receive testimo�y,
and writte� comments will be accepted if a resident is unable to attend the
Planning Commission meeting. •
s. Establish checklisis and �eceipt forms to monitor compliance with the 60-
day siatu#e requirements.
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7• Enhance information pro�cesse, to City Council.
a• Praduce extra Planning Commission and Appeals Camrraission
:_ packets for �ubmission fo the City �ouncii for theic- eariy reviev+r of �
anticipated items on the agendas. . � ^
b• Begin televising ai! Planning Commissian meetings so Ci#y Councii
members can tape meeti�gs_
MM:Is .
M-96-292
�: Fritz Knaak, City Attorney
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3� o°�a° � . y "3 o'co
�. � b N� W N; � (.r� �,,�
U �� 3�" ��� ab°
� �Z�w a�Q �•��
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 2, 1996 for tTie
purpose of:
Consideration of an amendment to the City Code, Chapter
205, entitled, "Zoning��, by adding Section 205.05.02,
'Application Processes', amending Sections 205.05.03,
205.05.04, adding Section 205.05.07, 'Vacations', and
renumbering consecutive sections where appropriate.
2. APPLICATION PROCESS
At the first meetina of each year or as soon agter as
nran�, n�ti,i � �s.- ^- s-- -�--- • - - - -
When a written request o'r initial application is received by
the Citv the Citv shall within ten days of its receipt
net� fv tl,e .,e,..�,.., ......,__ __ �L _ _ __ . .
The Citv exnresslv reserves the right to extend with
Ls�-� +-+e., ," a- ..L
�
��
�.+ s a,ic v au v .i lpci
e nrovided with the conserit of the person or persons
submittina the applicat�on or request
�
=i--�-.-r�=�i�= rr:�=.=�_ ' _ _ ' ' G� " ' _ _ � � r�^.5..:_Y_rti =
��
�.3 ANNEXATION
3.4 AMENDMENT TO THE ZONING ORDINANCE
The Council, by a four-fifths (4/5ths) vote, may adopt
amendments to this Chapter as required. The procedure shall
be as follows:
A. Initiation For Amendment.
(1) Any person owning real estate may petition
�� the City Council tQ amend the district bouaidaries
. so as to affect the real estate.
� (2j The City Council or the Planning Commission
.. •may, upan their own �notion;� initiate a request to
amend the text or the districting map af this
Chapter.
B. App�ication �'or Ainendment.
All petitions for amendments shall be filed with the
City on fornas provided by the City together with such
filing fee as may be established by the City Council.
C. Referral To The Planning Commission.
All petitions for amendments shall be referred to the
Planninq Commission which shall hold an official public
hearing within si��i� {69} fortv (40� days of the date
of filing such petition.
D. Hearing.
A notice of hearing shall be published in the official
newspaper at least ten (10) days, but not more than
thirty (30) days, prior to the date of the hearing.
The notice shall contain the dates of the nublic
�� 2
hearina before both the Planninq Commission and the
City Council.
E. Action By The Planning Commission.
(i) If the request is for district change,
notices shall be mailed not less than ten (10)
days nor more than thirty (30) days prior t�i the
hearing to all owners of property within 350 feet
of the parcel of land included in the request.
TL_ �-i_ __ . �� _ . .
the City Council. Failure of a property owner to
receive notice shall not invalidate any such
proceedings as set forth within this Chapter.
(2) The Planning Commission shall make its
recommendation to the City Council on the night of
the public hearing. In the event that no action
r�innesota statutes Section 1�.99 be immediately
�--��- -- - -z=�����
,- - -- - - --
`�l��s.:-�� _- - .,�_� _ _ - _ - - - - - -
F. Action By The City Council.
. -
-{�}-.u, All petitions for amendments shall be
forwarded to the City Council from the Planning
Commission. The City Council shall hold an
3
��
�
official public hearing
minutes of the^hearinct, and follow the �rocess for
- • - - -� --- � _ � LL _
In no case shall this
�3�} �,�.2 , If the request is for a district change,
notices shall be mailed not less than ten (10)
days nor more than thirty (30) days prior to the
hearing to all owners of property within 350 feet
of the parcel of land inclnded in the request.
The notice shall contain the dates of the nublic
hearinqs before both the Planning Commission and
the City Council. Failure of a property owner to
receive notice shall not invalidate any such
proceedings as set forth within this Chapter.
4.5. SP�CIAL USE PERMIT
A. Purpose.
�� • The pu'rpose of this Section is to provide the City of
' • ' Fridley with a rea'sonable degree of drscre.tion in
determining the.suitabiiity of certain desigr�ated uses
upon the general welfare, public health and safety. In
making this determination the City may consider the
nature of tY�e land upon which the use is to be loca�ed,
the nature of the adjoining land or buildings, the
� effect upon traffic into and f�om the premises or on
any adjoining roads, and all such other factors as the
City shall reasonably deem a requisite of consideration
in determining the effect og such use. For the purpose
of recording, the terms Special Use Permit and
Conditional IIse Permit shall be said to mean one and
the same pursuant to M.S.A. Section 462.3595,
Subdivision 4.
,�1
B. Application.
Whenever this Chapter requires
application in writinq must be
together with such filing fee
the City Council and shall be
plan or other documentation as
4
a Special Use Permit,
filed with the City
as may be established
accompanied by a site
required by the City.
an
by
C• Referral To The Planning Commission.
The application and related file shall be referred to �
the Planning Commission for study concerning the effect
of the proposed use on the Comprehensive Plan and on
the character and development of the neighborhood. The
Planning Commission shall hold an official public
hearing within forty ( 4 0) ��� days of the -�date
of filing such petition.
D. Hearing.
A notice of public hearing shall b� published in the
official newspaper at least ten (10) days but not more
than thirty (30) days prior to the date of the hearing.
E. Action By The Planning Commission.
(1) ATotices shall be mailed to all owners of
property within 350 feet of the parcel included in
the request not less than ten (10j days nor more
than thirty (30) days prior to the hearinq.
Failure of a property owner to receive notice
shall not invalidate any such proceedinqs as set
forth wi�hin•this Chapter. (Ref. 1026)
f2�
to
The Commissiun shall make its recommendation
the City Council on the n�Qht of the nublic
- - o = - - c - - _ .. � ; - ��..e_�=... - -
�= - ..=�- - ---- -
- - - - - - - •
F. Council Action.
exceea sixtv (60) days from the rece pt of the
comnleted application unless otherwise extended
���LL __. • •
to _ in writing by the Petitioner. ��e��-��-
5
�"�
,�
- - - - - - -�._�;.�_ _ --�-�
�{�}� Approval: In considering applications for
Special Use Permits under this Code, the City
Council shall consider the advice and
.::__� recommendations of the Planninq Commission and the
effect of the proposed use upon the health,�safety
and general welfare of occupanta of surrounding
lands, existinq and anticipated traffic conditions
and the effect on values of property in the
surrounding area. If it is determined that the
proposed use will not be detrimental to the
health, safety or general welfare of the
community, nor will cause serious traffic
congestion nor hazard, nor will seriously
depreciate surrounding property values, and that
the same is in harmony with the general purpose
and intent of the Zoning Code, the City Council
may grant such permit and may impose conditions
and safeguards therein by a favorable vote of a
majority of all members of the Council.
f2-}-� Agreement: The City Council may requirs a
written agreement,�deposit of certified check.�ar
funds, a bond or other assurance o� faithful
.. ,,,,� " observance of conditions, the violation of which
shall invalidate the permit and shall be
considered a vi�olation of this Chapter.'• ' '
�
f3�}� Denial: Special Use Permits may�be denied
by motion of the Council and such motion shall
constitute that conditions required for approval
do not exist. .
Na application for a Special Use Permit which has
been denied wholly or in part, shall be
resubmitted for a period of six (6) months from
the date of said order of denial, except on new
ground or new evidence or proof of changes of
conditions found to be valid by the Planning
Commission.
G. Lapse Of A Special Use Permit By Non-IIse.
Whenever within one (1) year after granting a Special
Use Permit, the recipient of the Special IIse Permit
shall not have commenced the work as required by the
permit, then such permit shall become null and void
unless a petition for an extension of time in which to
complete the work is granted. Such extension shall be
6
requested in writing and filed with the City at least
twenty (20) days before the expiration of the original �
Special Use Permit. The request for extension shall
state facts showing a good faith attempt to complete
the work. Such petition shall be presented to the City
Council for final action.
H. Revocation of Special Use Perntit.
result in revocation of the special'use permit�aaQyy
Revocation shall occur after a ublic hearin b the
t�i tv �+.,,,,,,.� � .._� -- -- � . . - - -
revocation tirocess s�ta�� may be assessed to the
property .
§.6. VARIANCES
7. VACATIONS.
n-- Q�es�-
_ V �� �L w - i.L� /� � L L'
L+.�. a� ...� '-'� a� - --- - - • " - -
�3'�r
�plic�tion.
..j �.ili �L��erzv owners airectly abutting the right of
wa�or easement to be vacated their aqreement of the
vacation request
C. Referral To The Planning Commission.
7
�
%'"1
�
D. Hearina.
A notice of public hearinq,shall be vublished in the
official newspaper at least ten �10) davs but not more
than thirty (30l davs prior to the date of the hearinct.
E. Action Bv The Planninq Commission.
(1) Notices shall be mailed to all owners of
not less than ten (10� davs nor more than thirtv
permitted absent the exQress writ�en consent of
the ap�licant.
F. Council Acti.on.
11) The Citv Council shall consider a�ti3ications
j60) davs from the date of receipt of the comnetea
application unless an additional period of time is
established by the planning commission or the
City Council shall. follow such urocedures as
established by the City Charter for avproval of
vacation recruests.
�6=-7 BUILDING PERMITS
�.8 CERTIFICATE OF OCCUPANCY
8.9 ENFORCEMENT
Any and all persons desiring to be heard shall be given an�
opportunity at the above stated time and place. Any questions
related to this item may be referred to the Community Development
Department at 572-3593.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than September 25, 1996. .
Publish: September 19, 1996
September 26, 1996
0
DIANE SAVAGE
CHAIR
PLANNING COMMISSION
�
�-^.
�
PUBLIC HEARING
�'�` BEFORE THE
PLANNING COMMISSION
DRAFT
Notice is hereby given that there will be a public hearing of the Fridley Planning
Commission in the Council Chambers at #he Fridley Municipal Cerrter, 6431 University
Avenue N.E. on Wednesday, at 7:30 p.m. for the purpose of:
Consideration of a
to
by
� This item will 'be scheduled for review by the City Council at its � �'
meeting. . ' �
Any and all p�rsons desiring to be heard shai! be given an opportunity at the above
stated time and place. Any questions related to this item may be referred to the
� . Community Development Departmerrt at 572�599.
Hearing impaired persons planning to attend who need an irrterpreter or other
persons with disabilities who require a�nciliary aids should contact Roberta Collins at
572-3500 no later than .
Publish:
�
DIANE SAVAGE
CHAIR
PLANNING COMMISSION
DR�►FT
Pusuc H��N�s
BEFORE THE
PLANNING COMMISSION
AND THE
CITY COUNCiL
Notice is hereby given that there wiil be a public hearing of the Fridiey Planning
Commissio� in the Council Chambers at the Fridley Municipal Center, 6431 University
Avenue N.E. on Wednesday, at 7:30 p.m. for the purpose of:
Consideration of a
to
by
�
There will also b� a public hearing before the City Council on the above item on � �
Monday, at 7:30 p,m. in the Gouncil Chambers at th� Fridley �
Municipal Center, 6431 Universiiy Avenue N.E. The City Council strongly encourages
any and all persons desiring to be heard to state their testimony at the Planning
Commission meeting stated above.
Any and al� persons desiring to be heard shall be given an opportunity at the above
stated times and places. Any questions related to this item maq be referred to the
Community Development Department at 572-3599. .
Hearing impaired persons planning to attend who need an interpreter or other
persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 no later than seven days prior to each meeting.
DIANE SAVAGE
CHAIR
PLANNING COMMISSION
Publish:
�
n
Date Created:
File fdumber.
Summary of Request:
Date Submitted:
Application Deadline:
(Official Receiving Date)
60 Day Action Date:
LAND USE APPLICATION
FILE CHECKLIST
DRAFT
1, , und�rstand that while my application was submitted for
- � • (applicant's name) � . � •
review on , the application deadline is: , and the
�, 60 day action window will not begin until I receive a letter stating #hat my application is
� complete.
I also understand that the City may, at any time during the 60 day a�tion window, �n
writing, notify me that the process will be extended an additional 60 days. �
(signed)
(witnessed by receiver)
Application Found Complete yes no
Application Completion P�otices Mailed:
Scheduled Planning Commission:
Scheduled Appeals Commission:
Scheduled City Council:
�'`�
DRAFT
SPECIAL USE PERMIT
SUBMISSION CHECKLIST
The following shall be the minimum submission requirements for requests to the
Planning Commission. Applications will not be accepted i# the following is not ._
submitted:
RESIDENTIAL ACCESSORY STRUCTURES:
ITEM SUBMITTED RECEIVfR'S COMPLETE INITIALS 8
INtTIALS DATE
Scaled site plan of parcel indicating
location of structure.
Elevation of building and description of
materials.
Narrative af proposed use of building.
ALL OTHER REQUESTS:
��E� ' SUBMITTED RECEIVER'3 CQMPLETE INITlALS 8
� INITWLS DATE •
Scaled site plan.of pa�rcel indicating �
proposed use or expansion. �
�levation of building, all sides and
description ofi materials. � � . -
Grading/Drainage Plan
*signed by a regist�red engineer
*drainage calculations
*erosion control measures
Landscape plan ior all projects requiring
a parking lot expasion of 4 or more
spaces.
*signed by a registered landscape
architect
Staff shall notify al1 appJicants within 10 days of the application deadline if the
application is complete or if additional information .is required.
n
�"\
�
�
�,
�-`�
�
�
DRAFT
SIGN REQUESTS:
ITEM SUBMITTED NEIT�`S R'S COMPLETE IDNAITIALS &
Drawing of proposed si.gn.
Scaled site plan showing location of sign ��
or building elevation if wa11 sign.
Written response to Section 214.21.02.A-
D�
Staff shall notify all applicants within 10 days of the application deadline if the
application is complete or if additional information is required.
DRAFT
VARIANCE
SUBMISSION CHECKLIST
The following shall be the minimum submission requiremerrts for requests to the
Appeals Commission. Applications will not #� accepted if the following is not ..
submitted:
RESIDENTIAL REQUESTS:
[�►�I
Scaled site plan of parcel indicating
location of structure.
Elevation of building and description of
materials.
Written hards�ip statement & what
alternatives applicant has considered.
SUBMITTED I NEC�ENER'S � COM?LETE � D TE S$
COMMERCIAL AND INDUSTRIAL REQUESTS:
ITEM � . - •. susn�u-rrEO ft�CE11/ER'S COAAPLETE INITUU4LS 8'
INITIALS DATE
Scaled site plan of parcel indicating �
proposed use or expansion.
Elevation of building, all sides and •
description of materials.
Grading/Drainage Plan
*signed by a registered engineer
*drainage calculations
''erosion control measures
Landscape plan for all projects requiring
a parking lot expasion of 4 or more
spaces.
"'signed by a registered landscape
architect
�
�
�
zii. svBniviszoN
/""� (Ref. 75, 126, 168, 207, 229, 633, 667, 754, 1026)
211.01. PURPOSE
The regulations and provisions established by this Chapter are for the
following purposes:
1. To establish standard procedures, requirements, and conditions for
the preparation, submission and approval of land subdivisions within
the City of E'ridley.
2. To secure satisfactory conformity of such subdivisions to the land
use, the major thoroughfare plan, the official map, zoning and other
plans and chapters of this Code.
3. To assist the orderly, efficient, and inteqrated development of
the City of Fridley.
4. To promote the health, safety and general welfare of the residents
of the City of Fridley.
5. To guide the City in the performance of its functions and duties.
211.02. DEFINITIOATS
. For the purpose of this Chapter, words used in the present tense shali
include the fu�ure; words in the singular shall include the plural,
and the plural the singular; and the word shall is mandatory aad not
n discretionary. The following definitions shall apply, in the
interpretation and application of this Chapter and the following words
and terias wherever th2y occur,in this �hapter-are de�ined as follows:
1. Auditor's Subdivision. •
All lands formerly described by co_�nplicated metes and bounds
descriptions where the Anoka County Auditor has simplified the
description for tax purposes by assigning a lot number.
2. City.
Any person duly appointed, authorized, delegated or otherwise given
the official capacity to act as a representative or agent for the City
of Fridley. .
3. County Surveyor.
The Anoka County Officers who examine or check plats or subdivisions
prior to acceptance by the Registrar of Deeds for filing in Anoka
County.
4. Lot.
An existing division of land that can be conveyed without further
subdivision. The term "lot" is generally interchangeable with the
terms "parcel" or ^tract".
5. Plat. �
��A map, drawing or chart which graphically delineates the boundary of
land parcels for the purpose of identification and record of title.
Subdivision Ordinance
Page 3
�'1 B. Was the subject of a written agreement to convey entered into
prior to April 21, 1961, or
C. Was a separate parcel of not less than two and one-half (2
1/2) acres in area and 150 feet in width on January l, 1966, or
D. Was a separate parcel of not less than five (5) acres in area
and 300 feet in width on July 1, 1980, or '
E. Is a single parcel of cou�rtercial or industrial land of not
less than five (5) acres and having a width of not less than 300
feet and its conveyance does not result in the division of the
parcel into two (2) or more lots or parcels, any one of which is
less than five (5} acres in area or 300 feet in width, or
F. Is a single parcel of residential or agricultural land of not
less than 20 acres and having a width of not less than 500 feet
and its conveyance does not result:in the division of the parcel
into two (2) or more lots or parcels, any one of which is less
than 20 acres in area or 500 feet in width.
2. In any case in which co�liance with the foregoing restrictions
will create an unnece.ssary hardship and failure to comply does not
interfere with the purpose of this Chapter, the City Co�ncil may waive
such compliance by adoption of a resolution to that effect and the
conveyance may then be filed or recorded. Any owner or agent of the
owrrer of land who conveys a iot or parcel in violation of the
provisions of this subdiv3sion shall�forfeit and pay to.the City a
penaTty of not less t.han $100 far each lot or parcel so conveyed. The
�..� City may enjoin suCh conveyance or may recover such penalty by a civil.
action in ariy court of compete,nt jurisdiction.
211.04. SUH�IVISICNS -
Herea€ter all subdivisions of land as defined herein; made within the
City of Fridley, shall be subject to and shall conform to these
regulations and other applicable law atxd shall conform to the land use
plano the major thoroughfa•re platt, the offici,al a�p, •the Zoning
Chapter and other City planss ordinances, chapters and regulations.
'1. Lot Split.
Any existing lot, parcel or tract of land may be subdivided into two
(2) or more parcels by means of a"lot split" when each �arcel within
the subdivision can be described as a siaiple fractional part of an
existing City approved plat, Auditor's Subdivision, or Registered Land
Survey. � st�b�v�s�e� e€ �a�� w =}�� ea�e� � -'----'_''-'' - - -_—' -
---�
€�ae��e�a�-�a�� e€ a—za�ge�—�a�ee�-�--f� e= �eejtt�Fe� a ----' ---
�@9�i��g��9�3 i�lns@�3 �i3VA�Ve9 ��3@�iv2�i-aici�ica-ir'si rac9 _ c.. � a�.
=cca a
QGOGSSYT��e�Tr9 ee�e��T��e�� as��e�es a�� �"--Tea��e��e
n��a=�ee� ��a �e� ep�#� a�� s�a�� �e��a��e� ��-n����e���=
o�asvi9�9i39 M�3�@�3 e�ea�e €�V@—rJTAi� BlBi°e �_•._ r•• ••� _•: �a _L
n y /n L�.� 7 �L
z:r� aG�es e=-�eee �n s�ge e�a�� �e-p�a��e� T��r-��eqttes��
apisc-za 9"m�'�ilF���eE� �9 ��3e 6i�3:-ei3 6��j��9£�-��3e ••a`-- -`_" •.•aa.s.a...
l
�wen��-€et��-f�4��s�t�e �es�e�� �e ��e
e�-Qt� tii "�€e 14R.
A. Application
� Application for a lot split shall be made on forms furnished by
the City and shall include a�'--��ertificate of Survey showing:
a
Subdivision Ordinance
Page 4
{1) scale and north arrow;
(2) dimensions of the property;
(3) names and locations of adjacent streets;
(4) location of any existing structure; and,
(5) any other inforn�ation as may be necessary to determine if
the lot split meets the intent and requirements of this
Chapter.
B. Review
(1) The proposed lot split shall be informally heard by the
Planning Cot�anission within forty (40� days of the filin of an
a�plication for lot split. Notices shall be mailed to all
owners of property within 350 feet of the parcel included in
the request, not less than ten (10) days nor more than thirty
(30) days prior to the hearing. Failure of a property owner
to receive notice shall not invalidate any such proceedings as
set forth within this chapter. {Ref. 1026)
i2) After considering such things as adjacent land use,
traffic patterns, aoning regulations, future development,
plans for parks, bikeway/walkways, street extensions, and
other criteria deemed pertinent, the Planning Co�ission shall
recoa¢aend to the City Council either approval, with or without
stipulations, or disapproval.
(3) AfZer review and recommendation by the Planning
Co�ni.ssion, the application for lot split shall be informally
heard by the City Council. The City Council shall approve or
disapproye the request for the lot split w�ithin sixty•(60)
days of receipt of the a plication. -
Whenever anv lot split is to be made, such subdivision can be
made unthout further plattinQ with approval of the Council if
the Council shall find that such subdivision facilitates and
not hir.
cozui,ect
of any �
area or
of consl
laws a�
subdivi:
such co�
zne maxln o
ierewith; tha
1 (with.in or
itage which �
ion af a bui]
uilding regu
to be made is
.ons and rest
�osed upon a
� - �.a .�.._-'-
xer ana conveyanc
E assessments and
t it daes not res
without the subdi`
s less than is re
dinq on such parc
Lations of the C
not made for the
rictions with res
plat. (Ref. 207)
o= the lancl; does
eeping of records
t in the creation
�ion) of a size in
ired for purposes
under the zonin
:y; and that the
rpose of avoiding
ct to the land as
��ea�� s�a����P�--3�a�re �3�e , -' , �
e� �eee�Pz e=-��P �e���e� ,6�t��e��
F-'+ir_iti o-••••a... Li._ __,,., : i _�_� �_399-�1°@9A�i3-��Hi3--8�i�9iF�i3Q c�3e�.'-vc
�#�}}z �€ ��e�e a�=������a�e�es �� ��e �ea��a��es e€ ��e
e�e}s���Q �a�el� a ec��.�-�}�e-s�r�rey-s3�a�� �e €=�e� w��� ��e�ca
��-S��ve�e��-s e€€�e�
C.� Certification and Recording
(1) After final approval, a certified copy of the resolution
approving the lot split a�s� a�Ee���€�ea�e e€ 8�a�tts" €ei�
��a�—��-���ae�3eel--�e ��e �e��ee e€�g�►�e�*a�—�z� shall be
forwarded to the applicant. The lot split, together with a
certified copy of the resolution a�� ^^�-�1°'- �• F �� �„
�
.�
�"'�
r`'�
Subdivision Ordinance
Page 5
/�\ €e�t, shall thereafter be recorded among the records of the
County within one hundred eighty (180) days after the date of
the resolution, unless a longer period of time is granted and
provided for recording at the time of approval.
(2) A lot split not recorded within a period of one hundred
eighty (180) days or the approved extension time, is deemed
to be one that is not approved and such iot split is not
entitled to be recorded; and the same shall not thereafter be
recorded except and unless it is presented to the Planning
Commission and Council and re-approved.
E. Division of Taxes
Any lot, parcel, or tract of land that is less than a whole parcel
of land as charged in the tax lists must receive City Council
approval before there is a division of taxes.
i��:;:=- ' - _ - - -
T� 1 4 l'4 4 L.
wi��atr� €t����e���a����g i+=�� ap��aua� e€ ��e Ee•�e�� �€—��
@Aiii3c �� 9�ia�� o• .a �u. � u, i...a • F., i a. a. a a ..,.a.
�i�e� t�P ` °e� anel-ee�ve�a�ee e€ ��te , a �_.._ ,.� ..�_�....
��e—�#�ng e€--assess�e��a an� �eeeg#�
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2. Plat and Registered Land Survey Process.
A. Scope
Al1 subdivisions as d�fined in Section 211.02.10 shall be platted,
exce t as allowed in Section 211.04.01.
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„--�- ---' a-- ---'�": All subdivisions which create five (5) or
more lots or parcels which are 2 1/2 acres or less in size shall
be platted.
B. In General
(1) A subdivider shall prepare a preliminary plat of a
subdivision before preparing a final plat. The subdivider
shall submit the preliminary plat together with all required
accompanying material to the Planning CouIIaission and shall
obtain the `�-� `'�� approval of the Coumnission.
{2) The subdivider shall then prepare a final plat together
with all required accompanying materials and submit them to
� the Council for approval. The subdivider shall then obtain
approval of the Council and by any other agencies and
officials whose approval is required by law and shall be duly
recorded.
��
Subdivision Ordinance
Page 6
(3) No conveyance of any lot or parcel of land in a i"1
subdivision shall be lawful until final approval and recording
have occurred. In addition, no permit to erect, alter or
repair any building shall be issued until such approval and
recording. (Ref. 75).
C. Steps
(1) Preliminary Plat Requirements
A preliminary plat shall be clearly and legibly drawn on a
high quality reproducible and all copies thereof shall be
clear and legible. It shall be of such scale as to show
clearly all details thereof. A preliminary plat together with
such accorapanying documents shall show the following;
(a) The boundary lines and dimensions of the land to be
subdivided and the locations of section corners and of
existing subdivisions, streets (and street widths) and
unsubdivided parcels (and ownerships) adjoining ,the
proposed subdivision, between it and nearest existing
street or for such distance beyond as may be required.
(b) The proposed.general layout, including all proposed
streets, alleys, crosswalks through blocks, street widths
and proposed names, approximate dimensions of blocks_and
lots, tentative lot and block numbering and approximate
radii of all curves.
ta) The existing and proposed easements and • � ^
right-of-ways for draina�ge, sewerage, utilities, railroad � '
lines, streets. alleys, bikeways, walkways, and any other � •
areas proposed to be dedicated for public purposes and of �'° •
any reservations and their purposes.
(d) •The correct lacation and designation of ali wet
lands and water channels, water areas, drainage �ourses
and•ditches,�and indication of all areas which; before
drainage iaiprovemeht, are subject to inun'clation or stora�
water overflow, with proposed drainage ia�provement of
such areas and of swamps, drainag� courses and-cuLtches.
(e) A statement giving the intended excavating, gradinq
and filling of land within the proposed subdivision and
the intended removal or destruction of exi.sting trees and
other natural ground cover, sufficient to meet the
requirements of the City in determining whether a land
alteration pe�it could be issued in accordance with the
City Code.
(f) Any required data and materials not practicaily
shown on the preliminary plat shall be submitted on
separate sheets, to accompany the plat.
(2) Application
(a) The subdivider shall submit a tracing and three (3)
dark line prints of the preli.minary plat and three (3)
copies of documents acco�anying the plat to the City. �
The appiicant shall submit the information indicated on
the official submission checklist.
Subdivision Ordinance
Page 7
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(b) When land to be subdivided abuts a state trunk
highway, one {1) additional copy shall be required and
shall be submitted to the State Highway Co�nissioner with
the request that such Commi.ssioner's recoAanendations, if
any, should be received within fourteen (14) days after
the date submitted, for consideration by the Planning
Commission acting on the plat.
{3) Action on Preliminary Plat by Planning Comiaission
(a) The Planning Commission will meet to consider the
plat and proposed itriprovements by the subdivider and the
time and method of installation of improvements. (Ref.
75)
(b) Not less than ten {10) days before the date of a
meetinq of the Planning Commission, for consideration of
a preliminary plat, the City shall do the following:
((1)) Notify by United States mail the subdivider and
the property owners of the property within .three
hundred fifty (350) feet adjoining the land within the
plat of the ti.me and place of such hearing. (Ref .
1026) .
{(2)) Publish notice of such hea�ing in the official
��„� . City newspaper. .
(c) At such meeting, all persons interested shall be
qiven an oppor.tunity to make presentations.
(4) Preliminary Review
(a) The Planning Commission shall take action on a
subdivision application within i�9 40 days following .
delivery of an application completed in compliance with .
the requirements set forth in this Chapter., t��ess��
e��ens�e� e€ t�e � ..a �-.. �..... _� �.. L.. ��...
r�
agp�� Action by the Planning Couaaission shall be
tentative approval, disapproval or conditional approval
of the preliminary plat, the last being tentative
approval conditioned upon certain modifications as
specified. After the Planning Coa¢aission's review of the
preliminary plat, it shall be recommended to the Council
for final action.
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Subdivision Ordinance
Page 8
(b) All preliminary plats shall be forwarded to the Citv i`�
Council for review and approval or denial The Council
shall consider the reliminarv lat application at its
next available meetin followin the Planninq Co�aission
-"—_�
{5) Final Plat Application
Following preliminary review of the application by the
Planning Commission, the applicant may request final approval
by the City._ Request for final lat ap roval shall occur in
writinc� on the a plication form su plied bv the Citv The
applicant shall submit three {3) blue line hardcopies, the
final mylars, a 200 scale reduction of the lat, the
a�plication form, and the fee as established in Chapter 11 to
the City.
(a) Requirements
The final plat shall conform to the preliminary plat as
tentatively approved or conditionally approved, including
any required modifications and to the requireiaents herein
and any additional requirements of law. When there is
more than one sheet, an index sheet shall be attached
showing the entire subdivision, including boundary and
streets, at an appropriate scale and indicating the
separate sheets of 4:he final plat and the sheet nzuaber of
each. •
(b) Subatitting Final Plat
The subdivider shall within six (6) months after the date:
of the Council's ���� - ^�--;- ' review of .the
preliminary plat, submit the final plat together with all
required accompanying doc�.unents to the City. If not
filed within the designated six-month period, unless this
period is extended by Council, the action of Planning
Co�¢aission and the Council on the preliminary plat shall
become null and void. ' •'
If required improvements are not installed prior to
filing, a cash depos,3.t, certified check or surety bond
insuring later installation or a petition to have the
City install same and assess cost against the subdiviser
shall accompany the final plat.
F r� e.e _ i .,� a.
7
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a�va�ee = -����}3e ���,e a�e��.�aee � :e�ee€ �rt s�xe�
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Before the Council approves the final plat, the plat �
shall comply with all conditians and requirements of this
Chapter and all conditions and requirements upon which
preliminary approval is expressly conditioned either
Subdivision Ordinance
Page 9
!�� through performance or the execution of appropriate
aqree�nents assurinq performance.
If a plat is disapproved by the City, no application for
the denied subdivision of land may be submitted for a
period of three (3) months following the denial.
�e}(d) Failure to Finally Approve or Disapprove
If the Council fails to certify final approval within
sixty (60) days after the application for final plat has
been submitted, and if the applicant has complied with
all conditions and requirements of this Chapter, the
application shall be deemed finally approved, and upon
demand the City shall execute a certificate to that
effect.
-f-€} ( e ) Survey
After approval of the final plat, the subdivider shall
cause the subdivision to be surveyed, staked and
monumented by a registered surveyor in accordance with
the requirements herein, with statutory requirements and
with any requirements of the County Platting Authority.
{�-)- ( f ) Recording
, After approval, the final plat shall be recorded among
the records of the County within one hundred eighty (180)
�"1 ' days after the date of Council approval unless a longer
period is granted at the time of approval.
A plat not recorded within a period of one hundred eighty
' (180} days or the approved extension time, is deemed to
' be one that is not approved and such plat is not entitled
to be recorded; and the same shall not thereafter be
recorded except and unless it shall have again been
presented to the Planning Commissiori and Council and
approveci fot recording.
-(�} (� Time Extension
A time extension for recording a plat shall be granted
upon application duly made to the Council unless the
Council finds after a hearing that the delay and failure
to record within the period of time allowed was without
justifiable cause and that the conditions and
circumstances attendant to the land within the plat and
in the i.manediate surrounding area as is affected thereby
are materially and substantially different from those
present at the time such plat was originally approved and
that the plat as made is no longer deemed an appropriate
piat with the conditions and circumstances present. in
making such deteimination, the Council can consider among
other things any changes in zoning, sizinq of lots,
location of streets and utilities in the lands within or
adjacent to said plat and other factors deemed material,
and is not limited thereto. "(Ref. 229)
� -(}} (h) Appeal to Council
Subdivision Ordinance
Page 10
No final plat :of a subdivision shall be approved by the �1
Council if the preliminary plat thereof was disapproved
by the Planninq Co�nission except that any subdivider may
appeal the Coamussion's action on the preliminary plat to
the Council to overrule said action. The Council, as a
result of the appeal, may elect to consider the
preliminary plat and give it approval, conditional
approval or disapproval. The qrounds for any refusal to •�
approve a final plat shall be set forth in the
proceedings of the Council and reported to the person or
persons applying for such approval.
-{j-} (h) Required Signatures
No plat of a subdivision shall be filed with the
Registrar of Deeds or accepted for filing unless signed
by the Mayor and Manager or Clerk and tu�less approved as
to survey and enqineering accuracy by the County Platting
authorities.
3. Zero Lot Lines.
A. The City may approve subdivisions for the develogment of zero
lot line, coaanon wall residential structures within R-2 and R-3
zones. These lots shall be divided equally as is reasonably
possible within the restrictions of the existing guidelines of the
Zoning,Chapter. . .
B. All other zoning requirements in the respective districts
except for th� setbacks along the•comiaon•wall, zero lot line(s) � ° �
must be met. :
C. Separate meters must be provided to each dwelling unit for -
water, electricity and nati�ral gas. In addition, the co�nnon party
wall(s) f3.re rating shall be one hour �or existing structure and
two {2) one hour walls for new construction.
- D. The owner of the property to be subdivided shall execute and
record at their expense a"Deciaration of Covenants, Conditions
and Restrictions° as provided by the City. The said document
shall be used to protect the rights of the individual owners
sharing the single structure to maintenance, repair and
construction in case of damage to the original structure. The
declarations, covenants, conditions and restrictions shall provide
protection to the property owners and the City on the following
objects:
(1) Building and Use Restrictions.
(2) Party Walls.
{3) Relationships among owners of adjoining living units and
arbitration of disputes.
E. The City shall be a beneficiary to these declarations,
covenants, conditions and restrictions.
211.05. V�1RZl�iJCEg
/"�
Should the Planning Commission or Council find that any of the
reguiations or requirements herein are not applicable to a proposed
land subdivision or to a preliminary or final plat thereof, or would
Subdivision Ordinance
Page 11
��cause undue hardship, it may permit such variations the=efrom as are
not contrary to the intent and purpose of these regulations or other
applicable law or any applicable plan or portion thereof. The nature
of the variances to be pexznitted in a particular case, with reasons
why they are deemed necessary, shall be recorded in the minutes of the
meeting and shall be transmitted to the subdivider.
211.06. 3PECIl1L DI3TRICT3
The requirements of this Chapter may be modified or excepted in the
case of special zoning districts established under Chapter 205 of the
City Code.
211.07. DESI(�T 3'PAZIDl�RD3
A preliminary plat and a final plat shall be made with such design
standards as are applicable thereto, said standards being established
for the purpose of guiding and accompanying a coordinated, adjusted
and harmonious development of Fridley which will, in accordance with
existing and future needs, best promote the public health, safety,
order, convenience and the general welfare and efficiency and economy
in the process of development. '
The following design standards are hereby established for land
subdivisions: •
1. Layout.
General layout, street pattern, street widt�s, prc7posed private and
� public areas, facilities and uses, shall confornn'to these regulatians
. and other appli.cable law, and to the City's Comprehensive Plan.
2. Public Dedication.
A. As a qeneral rule, each subdivision shall be required to
dedicate land, or pay into the City fund a cash payment
equivalent, for public uses including schools, parks, playgrounds
and other public purposes other than public right-of-way, in the
following manner:
Ten (10�� percent of all the gross area of.residential zoned
prop�rty to be subdivided; three (3�) percent of the'gross area of
commercial or industrial zoned property to be subdivided.
B. Any land dedication in excess of the 10�k or 3� requirement
shall be reserved for a period of two (2) years during which time
the City or other public body may buy such land.
C. In addition to the above described general rule, the following
conditions and requirements shall also be complied with:
{1) The City may choose to accept an equivalent amount in
cash from the applicant for part or all of the portion
required to be dedicated to such public uses or purposes based
on the fair market value of the land no later than at the time
of final appraval.
(2) Any cash payments received shall be placed in a special
^ fund by the City and used only for the purposes for which the
money was obtained.
Subdivision Ordinance
Page 12
{3) The City must reasonably determine that it will need to ^
acquire that portion of land, or the cash equivalent thereof,
for the purposes stated in this Section as a result of
approval of the subdivision.
D. The provisions of this Section may be modified if the City
Council determines that individual circumstances call for
adjustment.
3. Street Patterns.
Street patterns should follow substantially the patterns shown on the
land use plan or shall be at least the equal of the planned patterns
in these respects: they shall adequately serve platted lots when
developed; they shall intersect existing or planned trunk highways and
major thoroughfares at infrequent intervals only; they shall not
obstruct the reasonable and desirable development of adjoining,
unsubdivided lands in conformity with any applicable plans and with
these design standards, they shall be such as to discourage through
traffic from using minor streets in the subdivision; and they shall be
suited to the topography of the land, but with their orientation
influenced by walking direction and distance to and from existing and
planned parks, playgrounds and schools.
4. Access.
The street pattern shall be designed so as to minimize access points
and crossings along all railroad and arterial thoroughfares.
5. Public Streets. , � • , • ... � �
All proposed street� shal:l be offered for dedication as public
streets, with no private streets shown.
6. Right Angle Intersection.
Streets shall intersect or intercept each other at right angles with
variations of not more than twenty (20°)degrees permitted wY�en
considered necessary. ,
7. Grades.
Street grades of six (6�) percent shall be considered a desirable
maximum to be exceeded only when required by topography or other
controlling and physical condition. Grades of all streets, walks,
curbs and gutters shall be approved by the City.
8. Jogs.
Jogs in streets shall have center line offsets of 125 feet or more.
9. Major Streets.
The location, width and alignment of trunk highways and major streets
shali confoxsn to the official map, to the major street plan and to any
other applicable plans, including State and County highway plans.
Width of secondary major thoroughfares, not trunk highways, shall be
60 feet. •
10. Minor Streets.
Widths of minor residential streets shall be a minimum of 50 feet.
�"`1
Subdivision Ordinance
Page 13
/"\ 11. Business Streets.
Widths of streets serving business, industrial, multiple dwelling,
institutional or public frontage shall be not less than shown on the
land use plan or other applicable plan, and when not shown, shall be
as specified by the Planning Cona[iission, or by the City acting for the
Pianning Commission.
12. Cul-De-Sac Streets.
Dead-end or cul-de-sac streets shall be no longer than 600 feet with
a turn around at the closed end having property line and curb-line
diameters of not less than 100 feet and 80 feet respectively, except
that such minimums may be altered when required by topography or other
controlling conditions.
13. Corners.
Property lines at residential street corners sha�•1 be rounded on a
radius of not less than 10 feet and curb lines on a radius of not less
than 20 feet, provided that greater radii-may be required by the
Planning Commission where deemed necessary.
14. Half-width Streets.
Half-width streets are not acceptable except as found practically
necessary'by the Planning Cbmmissiom and only with the assurarace of
dedication of the other half when adjoining proper�y is subdivided.
15. Corporate Boundary Streets. . '
� For prbtecting the City in developing, and maintaining streets
bordering,-the cor��rate limits, where a half-width street dedication
is proposed, the subdivider shall furnish one of the following with
the preliminary plat:
A. Assurance that the remaining half outside the corporate litnits
has or will be dedicated, or •
B. A warranty deed for the remaining half outside the corporate
limits, or
C. An easement for street pulcQose, signed by the owners of the
part outside the corporate limits.
16. Street Names.
Names of streets which are extensions of existing streets shall be the
same, provided that these and other street names shall be subject to
City approval.
17. Block Lengths.
Residential blocks shall normally be of sufficient width for two (2)
tiers of lots. Block lengths shall be determined by circulation and
other needs, with lengths up to 1,500 feet permissible when approved
by the Planning Commission. A pedestrian way or crosswalk, not less
than 10 feet in wi.dth, may be required approximately midway in a block
that is 700 feet or more in length, or for access to schools,
playgrounds, shopping centers and to other areas and facilities.
��Where residential blocks with lots deeper than 260 feet as proposed,
a reservation for a future street through the middle of the block
longitudinally, may be required by the Planning Coauaission.
Subdivision Ordinance
Page 14
18. Accessibility.
Each lot shall be served from a pubiic street satisfactorily for
general accessibility for fire fighting, refuse collection and
delivery purposes.
19. Lot Size.
The size of lots shall be as set forth in Chapter 205 of the City
Code. A corner lot shall have extra width of 5 feet or more for
setback of a building adequately from both streets. Each lot shall be
adequate to provide space for the dwelling and all necessary accessory
buildings.
20. Side Lot Lines.
Side lot lines shall be at right anqles or radial to street lines,
with slight variations under difficult conditions permissible, with
Planning Commission approval.
21. Easements.
�1
Easements offered for dedication should be shown along lot lines where
needed for utility purposes, for drainage, for screen planting or
other purposes. Utility easements along rear lot lines will usually be
requ.ired unless alleys are provided with required width being 12 feet
for a single easement or for the total of two (2) parallel, adjoining
easements on two (2) 1ots. Minimuan width of drainage easements, •
si.ngle or double, shall be 20 feet and screen..planting and other
easements, single or double shall be 10 feet or such greater width in
specific cases as the Planning Commission shall require. • �• ' • �
aii..oe.. ��vxx�n n��ov�rrrs . . .
As a condition precedent to the approval of a final plat, the
subdivider shall give satisfactory assurance of t�e installation of at
least the following_ia�provements at the subdivider's own expense,
within a period of time specified by the Planning Coaaaission:
1_ Grade Streets.
Grade all streets and walks to specified grades and surface all
streets in accordance with adopted plans and specifications.
2. Install Underground Utilities.
Install water mains, storm and sanitary sewers and additional drainage
facilities, where any or all are required.
3. Off.Street Improvements.
Erect street name signs, sod boulevard areas and plant at least two
(2) satisfactory street trees on each lot near the front lot line, or
in the boulevard area, whichever is specified by the City. Grades
shall be set by the City and improvements shall be according to
previously or hereinafter established standards and specifications by
the Council. An escrow may be provided in lieu of the installations.
4. Delay of Streets.
Where water mains, storm and sanitary sewers and additional drainage �
facilities are to be installed, the required street improvements may
be deferred until after such installation.
Subdivision Ordinance
Page 15
�� 5. Cost of Iaiprovement.
To cover the cost of improvements that may not have been completed at
the time of filing the final plat, the subdivider shall:
A. Furnish cash, a certified check or a surety bond, to the City
of Fridley to secure the performance of such installation by him
or her within a period of time as stipulated by the Council or to
cover installation by the City, or
B. Petition the Council to install such improvements, the entire
cost of which is to be levied and certified as a special
assessment, in which case the subdivider shall agree in writing
that in the interim between the filing of the final plat and the
certification of the special assessment to the County Auditor
there will be no transfer of ownership of any part of the property
platted without first depositing with the City an amount
sufficient to cover the estimated proportionate amount of such
assessment applicable to the lot or parcel of land transferred.
211.09. E�CT OF 3VBDIVISIQN APPROVAL
For one (1) year follora'�ng preliminary approval and for two (2) years
following final approval, unless the subdivider and the City agree
otherwise, no amendment to a,comprehensive plan or official control
shall apply to or affect the use, development density, lot size, lot
layout-or dedication•or•�plat�ing required or pexmitted by the approved
application. Thereafter, pursuant to its regulations, the City may
extend the'period by agreement with the subdivider•and subject to all
/� apglicable perforiaance.conditions and requirements, or it'may require
�submission of a new a�plication unless substantial physical activity
and investment has occurred in reasonable reliance on the approved
applica�tion and the subdivider.will suffer substantial financial
damage as a consequence of a requirement to submit a new application.
In connection with a subdivision involving planned and staged
development, the City may by resolutioa or agreement grant the rights
referred to herein for si.:ch periods.of time longer than two (2) years
which it determines reasonable and appropriate.
211.10. VACATION OE PI.AT
1. Any plat or any part of a plat may be vacated by the owner of the
property before the sale of any lot therein, by a written instrument
with a copy of the plat attached, declaring the same to be vacated.
Such vacation shall require the approval of the City Council in the
same manner as for plats of subdivisions. The City Council may reject
any such instrument which abridges or destroys any public rights in
any of its streets or utility right-of-ways. Such an instrument shall
be approved and recorded in the same manner as plats or subdivisions.
After being recorded, such .instrument shall nullify the recording of
the plat so vacated and divest all public rights in the streets, and
public grounds and all dedications laid out or described in such plat.
2. When lots have been sold, the plat may be vacated as stated above,
provided that all the owners of lots in such a plat join in the
execution of such instrument.
3. Platted areas may be replatted, provided that they follow the
i!'\ provisions of this Chapter.
211.11. P�iI.TIEB
Subdivision Ordinance
Page 16
Any violation of this Chapter is a misdemeanor and is subject to all ��
penalties provided for such violations u�der the provisions of Chapter
901 of this Code.
211.12. FEES
The fee for subdivisions {lot split, plat, or Registered Land Survey)
of land are provided for in Chapter 11 of this Code.
.. /'-'\
/'�
HOLSTAD AND LARSON, P.L.C.
� WAYNE B. HOLSTAD
RUSSEU. L.C. LARSON
KAREN HILL FJELD'r'
JOHN L. LINDELL
LARRY S. MOUNTAIN
'�' REAL PROPERTY LAW SPECIAIIST
June 5, 1996
Ms. Barb Dacy
Director �f Planning and
Community Development
City of Fridley
Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
ATTORNEYS AT LAW
3535 VADNAIS CENTER DRNE
surr� � 30
SA�NT PAUt.., MN 551 10
TE�EPHONE 6 i 2/490-9078
FACS�M��E 612/490-1 S80
OF COUNSEL:
FREDERIC W. KNAAK' "
`AL50 LICENSED fN
WISCONSIN AND COLORADO
BY FACSIMILE AT 571-1287
�1ND !l.S. MAIL
RE: City of Fridley Charter Vacation PrQVisions
�Dear Barb: . : , : � . . : ' • . •
,� �
As��F irid`icated� to � you in a couple of our earlier -discu5sions, I l�ave been examining the
provisio`ris of-Section 12:07 of F�ridley's Charter as they rel�te to the City's practice of requiring
the formai passage of an ortlinance for each vacation of a strePf or other type of easement that
occurs in the City. The topic first came up for me during a recent discussion by the Council
concerning the vacatian of a conservation easer�rent.
It's undisputed that passage of an ordinance has been the practice of the City in the past when
vacations were requested and granted. This practice is clearly rooted in a reading of the first
senter�ce oT Section 12:07, which does, in fact, state that: , , .
The Council shall have the exclusive power, by ordinance passed by a vote of at
least four (4) members of the Council, to vacate or discontinue highways, streets,
easements and alleys within the City...(Emphasis added)
By itself, there would seem to be little question about the meaning o# the provision. It's what
follow� that has raised in my mind a question of whether simple compliance with the other
ordinance passage provisions of #he Charter is either required or the intended meaning of the
fuli Chart�r provision. Moreover, it's important to note that while this provision grants the
Council exclusive power to vacate by ordinance, the language does not expressly limit the
�„� ouncil or the City to this method.
��
Ms. Barb Dacy
June 5, 1996
Page Two
Section 12.07 goes on to require °notice to and hearing of affected property owners° before any
vacation can occur, whicf� suggests a separate requirement from the generally more extensive
notice and hearing requirements under the City's ordinance procedures. More interesting, as I
have noted, is the provision allowing for °such procedure as the Council may by ordinance
prescribe."
This IatY�r l�r�guag� :s sufficsertly broad in scopE, in my:judgment, for.ttae Cou�tcil to e�tablish,
by general ordinance, something of an alternative procedure to the standard ordinance review
and passage. This authority is neither a moot nor academic point, since it is also my current
view, pending additional research, that the City's practice concerning vacations of this sort, as
well as �any Charter provision requiring that it be done by ordinance, may themselves be in
�onflict with the requirements of State law.
Minnesota Statutes Section 412.851 is instructive on this paint. That provision �which, when �
passed, was applicable to all cities, although it is now codified in the section of: statutes
pertai�ing to statutory, as opposed to home ruie charter, eities; provides,-;in pertinent part: �� �'
VACATtON OF �TREETS.
The council may by resolution vacate any street, alley, public grounds, public way; or
any part thereof, on�its owm motion or on petitian of a majority of #he -owners of land
abutting on the street, alley, public grounds, public way, or part thereof to be vacated. "
Where there has been no petition, the resolution may be adopted �on,ly by a vote of .
four: fifths of all members of the council. No such. �vacation 'shall be' made unless it
appears in the interest of the public io do so �after a hearing preceded by two weeks'
published notice. The council shall cause �written notice of the hearing to be mailed #o
each property owner affected by the proposed vacation at least ten days before the
hearing....
After a resolution of vacation is adopted, the clerk shall prepare a notice of
completion of the proceedings which shall contain the name of-the city, an identification
of the vacation, a statement of the time of completion thereof and a�description of the
real estate and lands affected thereby. The notice shall be presented to the coun#y
auditor who shall enter the same in the transfer records and note upon the instrument,
over official signature, the words "entered in the transfer record." The notice shall then
be fiied with the county recorder. Any failure to file the notice shall not invalidate any
such vacation proceedings. {Emphasis added).
�
Ms. Barb Dacy
June 5, 1996
Page Three
The fairly detailed provisions for vacations outlined in the statute plainly contemplate the use of
resolutions as the means of vacating streets and other easements, and provide for the
procedures by which county officials are to deal with the enacted resolutions in order to effect
the necessary recorded notice. There is no other generai procedure offered in the statute to
cities to deai with all kinds ofi vacations.
Dne other provision, �Minnesota Statutes Section 440.135, deals spec'rfically with vacations of
streets in Home Rule Charter Cities of the Third Class. While its current applicability to Fridley
is arguable (Fridley is now, technically, a City of the Second Class under the old classification
system, but was, as I understand it, a City of the Third Class when the Charter provision
involved here was enacted), it nevertheless provides additional guidance and, perhaps,
authority on vacations of streets in home rule charter cities. In pertinent part, it provides:
� VACATING STREETS, HOME RllLE CHART�R CITY OF THE THIRD CL.ASS
�
Subd. 2. Council may vacate; conditions. In addition to any �ther method provided
by law, the council of such cityy, upon: #he presentation and filing of a verified petition
signed by or on beha!f of any owner, natural or corparate, of any real estaie abutting
thereon, may vacate any street flr segment of street nr any portion of the width thereof .
within its geographical limits, provided on1� that the street, segment, o�:portion the�eof
so vacated pursuant to such petition shall not be longer than the distance intervening
between any two adjacent intersecting streets.::.. - ~
Suba. �. C�riifieci:ccipy oi resoi��ion�to be filed. Suci�'act�on �o� such coun�il �may be �
taken at any regular or special meeting duly called for such purpose and shall be �
reso�, and a copy of the resol�ution duly certified by the cifi�r clerk shall be
recorded in the office of the county recorder in the couniy where such city is iocated
before the action shall be effective.
This provision, although i# only applies to streets in cities of the first class, is equally clear in its
statement of what would have to be considered the standard statutory requirement for these
actions: action by resolution, effective when filed with the county.
�
�
Ms. Barb Dacy
June 5, 1996
Page Four
It is my opinion that these statutory provisions represent at least a possible conflict of authority
with the requirement of the Fridley City Charter that such actions be undertaken by ordinance
and ordinance-related procedures. Where such conflicts between a city charter and a general
statutory provision occur, the general rule is that the terms the Minnesota statutory provision
would apply. In this instance, it would mean that the provisions requiring passage of a
resolution to effect a vacation, together with the state-mandated procedural requirements
(not6ce, hearir.g and filing� f�r that ac#i�an would suparsede those of tt�e Chart��.
/"1
A usual professional caveat is in order here: to date, no express authority has arisen tha# we
have found interpreting these kinds of conflicts under Minnesota law in a manner either
consistent or inconsistent with this opinion. My analysis, under general rules of statutory
interpretation, garners no assurance that a court would determine in the same manner. -
Sirr�ilarly, further review of this mig�t give rise to a decisior� by the City to seek an opinion o�f the
attomey gei�eral in this matter, although, if� the City requests the opinion of ine by resolutiort,. it
may rely on it �in good faith in •the event of subsequent conflict concerning actions taken in
relian�ce on the opinion. • � ,�
Nevertheless, I believe #he City has two reasonable alte�natives available to it to address �the
concems 1 have raised. First, the' City �can actively explore its options.under the "procedure°
lang�age of the Charter to provide for an alternative to the ordinance requirement. Second,
and the better option, wouid be.for the City-to reselve #he conflict by clarifying its Charter
� language, deleting the word °ordinance° in Section 12.07 and substituting the word °re�olution."
That simple .amendment would eliminate the conflict and obviate the need for imaginative
interpretation of the current language to avoid the conflict.
6 t��op€� tf�is iLttar c:iar.it��s fc�r you the��a�i��aF�ny cn�cerns a�-�u �'�r r�y api��on as: ic� ti�e n��� t�-- -:_y
estab�ish modest changes in the procedures currently in effect in the City for easement
vacatioris. Please do not hesitate to contact me at your convenience if I can be of any
additional assistance to you in this matter.
Sincerely,
Fr�deric IN. Knaak
Fridley City Attorney
cc: W. i3urns �'�