RES 2012-62 - 14963RESOLUTION NO. 2012 - 62
A RESOLUTION REVOKING SPECIAL USE PERMITS SP #09 -03, SPECIAL USE PERMIT SP
#09 -04 AND SPECIAL USE PERMIT SP #10-11 AND APPROVING SPECIAL USE PERMIT SP#
12 -04 FOR CARLSON MCCAIN ON BEHALF OF WILLIAM FOGERTY, FOR THE PROPERTY
LOCATED AT
7011 UNIVERSITY AVENUE NE
WHEREAS, Section 205.09.1.C.(7) of Fridley City Cade allows independent living, assisted living, nursing
homes and homes for the elderly in an R -3, General Multiple Units zoning district by a special use permit;
and
WHEREAS, on May 18, 2009, the City Council approved SP #09 -03, to allow a 50,000 sq. $. medical
building and approved SP #09 -04, to allow a senior living facility on the subject property; and
WHEREAS, on December 6, 2010, the City Council approved SP #10 -11 for a different project to convert
the existing Columbia Arena building into a senior living facility; and
WHEREAS, as part of approval of SP #12 -04, the City Council will revoke SP #09 -03, SP #09 -04, and SP
#10 -11 since these previously approved projects were never constructed; and
WHEREAS, on August 15, 2012, the Fridley Planning Commission held a public hearing to consider a
request by Carlson McCain, on behalf of the property owner William Fogerty, generally located at 7011
University Avenue NE in Fridley, legal description attached in Exhibit B, for a Special Use Permit SP# 12 -04
to allow an independent living facility with services; and
WHEREAS, on September 10, 2012, the Fridley City Council approved the stipulations represented in
Exhibit A to this resolution as the conditions on Special Use Permit SP# 12 -04; and
WHEREAS, the petitioner, was presented with Exhibit A, the stipulations, at the September 10, 2012 City
Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special Use
Permit SP #09 -03, Special Use Permit, SP #09 -04, and Special Use Permit, SP #10 -11 shall be revoked by
the City Council of the City of Fridley; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use
Permit SP# 12 -04 and stipulations represented in Exhibit A are hereby adapted by the City Council of the
City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10`h DAY OF
SEPTEMBER, 2012.
-Ve if
SCOT7ffJ. LUND - MAYOR
ATTEST:
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DEBRA A. SKOGE - CITY CLERK
Resolution No. 2012 -62 Page 2
EXHIBIT A
SP# 12 -04 Special Use Permit for an Independent Living Facility
with Services Carlson McCain on behalf of William Fogerty,
generally located at 011 University Avenue NE, Fridley, MN
Stipulations
1. The property shall be developed in accordance with the architectural site plan Al. 1, dated
8- 15 -12.
2. The building elevations shall be constructed in accordance with the architectural plan
A3.1, Building Elevations, dated 8- 15 -12.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall obtain a permit from the City and /or State for any work done within
the right -of -way.
6. The petitioner shall comply with all sign code requirements for any existing signs that
remain and installation of new signage on the property.
7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
8. Screening through landscaping shall occur along the eastern property line. Proposed
screening shall be shown on landscape plan and be reviewed and approved by City staff
prior to issuance of a building permit.
9. If the proposed development is modified to be used for units other than senior assisted
and independent living, a new special use permit will be required.
10. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
petitioner has not petitioned the City Council for an extension.
11. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
12. City engineering staff to review and approve site layout, utility, grading and drainage
plan prior to issuance of building permits.
13. The petitioner shall identify storm water management area on site and shall provide
necessary easements.
14. Storm water management maintenance agreement shall be filed with the County and the
City shall receive a copy of the filed document prior to issuance of building permits.
15. Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
16. A Development Agreement outlining the Developer's obligation to install and loop
utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to
final plat approval.
Resolution No. 2012 -62 Page 3
EXHIBIT B
SP #12 -04 Special Use Permit for an Independent Living Facility
with Services Carlson McCain on behalf of William Fogerty,
generally located at 7011 University Avenue NE, Fridley, MN
The Southeast Quarter of the Southwest Quarter EXCEPT the East 600 feet thereof, EXCEPT
the South 400 feet thereof AND Except the North 50 feet lying west of the East 150 feet thereof,
Section 11, Township 30 North, Range 24 West.