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PL 02/06/2002 - 6984CITY OF FRIDLEY AGENDA ^ PLANNING COMMISSION MEETING WEDNESDAY, FEBRAURY 6, 2002, 7:30 P.M. LOCATION: CITY COUNCIL CHAMBERS FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES: January 2, 2002 1. PUBLIC HEARING: Consideration of a Lot Split, LS #02-01, by Jerry Thompson, to separate the property into two separate lots, generaily located at 6831 East River Road. 2. Consideration of a recommendation from the Environmental Quality and Energy Commission to suppo�t legislation and would restrict the sale of lawn fertilizers that contain phosphorus. 3. RECEIVE THE MINUTES OF THE DECEMBER 3. 2001. PARKS AND RECREATION COMMISSION MEETING. 4. RECEIVE THE MINUTES OF THE DECEMBER 6. 2001, HOUSING AND ^ REDEVELOPMENT AUTHORITY MEETING. 5. RECEIVE THE MINUTES OF THE DECEMBER 12. 2001. APPEALS COMMISSION MEETING. ' 6. RECEIVE THE MINUTES OF THE DECEMBER 18.2001. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING. 7. RECEIVE THE MINUTES OF THE JANUARY 14. 2002, HOUSING AND REDEVELOPMENT AUTHORITY MEETING. 8. RECEIVE THE MINUTES OF THE JANUARY 15. 2002. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING. OTHER BUSINESS: ADJOURN /'1 City of Fridley Land Use Application LS-02-01 February 6, 2002 GENERAL INFORMATION SPECIAL INFORMATION �"� Applicant: Jerry Thompson 14735 Hwy 65 NE �Iam Lake MN 55304 Requested Action: Lot Split Purpose: To create an additional single-family lot. Existing Zoning: R-1 (Single Family Residential) Location: 6831 East River Road NE Size: 20,753 square feet .48 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Hickory Street S: Single Family & R-1 W: East River Road Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Proposed lot sizes exceed City Code requirements. Zoning History: • 1952 — Lot is platted. • 1952 — Home is built. • 1953 — Garage is built. • 1958 — Porch added to home. Legal Description of Property: Lot 2 and 11, Block 1, Ostman's First Addition Public Utilities: Water and sewer are available at the site. Transportation: �, East River Road provides access to the existing home. Hickory Street will provide access to new single-family lot. Physical Characteristics: Level, open lot with only a few trees. SUMMARY OF PROJECT Jerry Thompson, petitioner, is seeking to split the property located at 6831 East River Road into two single family lots in order to construct an additional single family home. SUMMARY OF ANALYSIS Cih� Staff recommends approval of this lot split Yeqacest. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents CITY COUNCIL ACTION/60 DAY DATE City Council — February 25, 2002 Existing Home Staff Report Prepared by: Stacy Stromberg LS #02-01 Anal�sis Jerry Thompson, petitioner, is seeking to split the prope�ty located at 6831 East River Road into two single family lots in order to construct an additional single family home. This lot was initially two separate parcels but was combined into one lot in July of 1968 for tax purposes. This lot split will restore the parcel to its original two-lot configuration. The property is zoned R-1 Single Family as are all surrounding properties. Fridley City Code requires that single-family lots in the R-1 zoning district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #2 will be 80 in width and 11,280 square feet in size. The proposed Lot #11 will be 80 feet in width and 9,473 square feet in size after the split. The petitioner intends to leave the existing home, which is located on Lot #11, in place. The existing home was built in 1952, with the garage being added in 1953. He also intends to build a new single family home on Lot 2. This parcel will have access off of Hickory Street. (Photos: Left, western lot; Right, eastem lot.) Staff Recommendation City Staff recommends approval of this /ot split request, with stipu/ations. • Lots exceed minimum size requirements. • Does provide additional homeownership opportunities for Fridley residents. Stipulations City Staff recommend that the following stipulations be placed upon approval of this request. 1. Petitioner shall obtain all necessary permits prior to construction. � n n �"� 2. Grading and drainage plan to be approved by City's engineering staff prior fo the issuance of any building permifs, in order to minimize impacts to the surrounding properties. 3. Provide proof fhaf any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Pefitioner to pay $750.00 required park fee for the newly created lot prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. The petitioner shall agree to preserve mature frees to the extent possible. All trees required to be removed for the new home shall be marked and approved by City sfaff prior to issuance of building permits. /"'� �—. , Establishad ln 1982 LOT SURVEYS CONiP�1NY, INC. LAND SURVEYORS REGISTERED UNDER THE LaWS oF STATE OF MINNESOTA 7801 73rd Avenue North 783-580-3093 Faz No. 580-3522 Minneapolis, lAinneaotn 58428 surucyL�rs lrertiCirate J THOMPSON ^r�pPrtc toc�teJ �n aectwn 13. Townsh�p )0 ?.�nk•• =�F Anoka County Hinnesota o? s• a'; Fa �Y a �' F � t � Housr � ]N 0 V� � o� shed — � _ _____.�=z ' � � 116.95 _"' 4. � �,. O , �1 �HEA ;a +~i " =R p � Housn 381... .�, � L - ---------�------------• 138.66 meas. - 139.03 piat ! ' " Y A' �- . . i � ..�'", _ -_: = _ _ ` .; > � `m. :6ri _n' �nt., A �'�'= PARCEL r . pqRCEL � P � � -� _ --- `r---------: -- �-- - - �h:� � � •� � Utibity Easemant - ' H.,:' - i5 5: % ._ , - � -� � �=:r. "� r i ie.ea , :, . _ � � i , —r=—� • . I � . �. _ � � B g m t 43.05 piat I � 43.09 meas. f �7" -. — I � NVOICE NO. O'o57 F.B.NO. �� SCALE: 1" = 30' 0 o«weee von �c oanoem wooa rr�e Sec �w exeavation arly Deratm Exiatinq E�matron � I � � E"' W wN w E-� � � Qr' � .�l. U x � / \ /'"�1 r--- - --- _ -- � _ -- �.» + ...�. � /• , t � C Chalss F. Andsrsc .�.____v s .�--� � i�^ '7- f' � .� (� i m..1� ^ I � �i^' I � �i : , =:�,Cv� �;,�:;!,�=..Cn n�A:.:'Y, 'N�. I 6�, 7�6-43i2 l:Ui, 11. .�' .. i�:;?4 _�. � i�;7 �0. �:;,�2;,,4�17 . � �'T"�l �F' �lt�iL.Elf A�� ��tE�$�T1f A1�ENUE �}L.E�f, �N 5�432 7'�} 5T��3�92 �pflAl1A1J1�t1TY pEVEL�PMENT DEPARI'1�IIENT Sl,I�DlV1S1aN �1RPLIGATION FOR: _ Pia�. � Lot Spiit ��T1f I�Ttib (site plan requl�ed for submittal, see attaelted) � :: �;��: 4�:3 t E� v�,2 1�-� �of-� Z fE-r o i t os Trrv+�r' S 3. = � �rt�r ld�nf�c.a#ion Numb�r � . Is" �rK�*cP. 3� E�cr�pti�d»: Lo� o''i t���� Block �� TraicxlAddH f�r S�di�is�Qn � 'Sq�uOare � n, ��� �. �9e:� // lfsl '�� � . • u 7<l As �e-� � . - .: - � �t.. ,: i�.yc� �� busine�s in � city which required a busines�s licens�? . : .Y� bC �� talo If Yes, which city? �i`a.� - 8 ia;� c. A�,.►on•c: ; sl,.����s 4�-•s :,�. . �� � 1�'�ts, v�h�t�.type c�►f t�us�ness? ��" L2. � . ✓ cf , 1�taks xhat ti�e ever dsini�d or �evok�d? �fes No � `; .1 �-�-- .. --- - - � ��i.4d� (� it appears on the prc�pertli titi+�) . ;� F�e ot�tnas must slgn this fiorm prior to processing.) S .-�.�.fr�.�..,`.. �l �C�l�"�IME� �'W��WE: Z - � � � S"Z� S1GNA7l1R�fbATE: :�-�r► �- � - o � �;. . ;�___.. ����' �+I al�lA � : :�..:.: , . '��= —�' " IL_ •c � i�"�---' . _ w 1`.1.. �i *� — �- � '�- I'►7�R.#d! �� � ' V -- • ` . � . - `�. I�lt1'Illil.� P` � . :=?c�•��- �l � : -�'��'Z' SICyNATUREIDATE: � ZLr .� �—..: � :� . - . ....����...,....�.. ,�.�...,�...A..._...,..�..�•-.�.,-- � � ..� '�'� p�� �r$QO.OQ �or 20 �.o $'15.0!0 for,each additional iot �_ Tota►[ Fee: 1� � Lqt �pl�. $�54.�0 � R�ee�eipt #: . _ Rec�ived By: ti� �pt�catioa Nu�. L'�,� L 1 _ C� �`� . � 5+�he�du�ed Pl�urrrrin�g Commi�sion Oate: ° '�" , �- Sc���ed City C�n,�ll Dat�- ^✓ � � � . 1Q Qa� i4ppdi�ion Gomplate Not�fication e: �t�^ �%''` �' 6� Q�y b�te: m►�3 r- h S C> � - �'�-- � � emoran u m Planning Division DATE: January 28, 2002 TO: Planning Commission rnembers FROM: Julie Jones, Environmental Planner SUBJECT: Supporting State Legislation Restricting Sale of Lawn Fertilizers Containing Phosphorus Background The City of Fridley has received a request from the City of Shorewood to support a bill designed to limit the sale of lawn fertilizers containing phosphorus. Besides Shorewood, 36 other Cities have passed resolutions supporting State restricrions on phosphorus. The reason why so many municipalities are concemed is that phosphorus gets in urban storm water runoff and contributes to chemical imbalances in our bodies of water, which cannot easily or inexpensively be corrected. Excess phosphorus in waterways contributes to excessive algae growth. Besides being unsightly, too much algae blocks out sunlight for submerged plants. When algae die and decompose, they consume oxygen. Without enough oxygen in the water, fish and other organisms die, because they can't breath. /"1 Correcting the problem after it has occurred is costly. Lake Restoration, a company that Fridley currently contracts with for pond and lake treatment, reports that the average cost to treat a lake for high phosphorus content is $50,000-$75,000. Such high costs, of course, are prohibitive for lakeshore residents to afford, so the best solution is prevention of the problem. Most lawn fertilizers sold in Minnesota have phosphorus added to them — even though, 80% of lawn soils in the State already contain higher than necessary phosphorus levels. There has been much effort by various Minnesota communities to restrict the use and sale of phosphorus lawn fertilizers, but they have found it very difficult and expensive to compete with the high dollar advertising of national companies like Scotts. In Fridley, we are faced with the problem of high phosphorus levels in our waterways. Recent testing at Springbrook Nature Center found high phosphorus levels in storm water runoff coming into the park. One of the steps in the education component of the upcoming Springbrook Watershed Implementation Project is to ban the use of phosphorus lawn fertilizers. Because it is costly to implement and enforce such a measure, it is a more sound option to support a statewide effort to a solution to a common problem. The Environmental Quality and Energy Commission has directed staff to forward the attached letter to the Governor and resolution on to the Planning Commission and the City Council for support by the City of Fridley. Recommendation �--� Staff recommends that the Planning Commission support the effort to restrict the sale of phosphorus- containing lawn fertilizers in Minnesota by forwarding the attached letter to the Governor and resolution to the Fridley City Council for consideration. M-02-12 _ _ CITYOE FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(763) 571-3450 • FAX (763) 571-1287 February 25, 2002 The Honorable Jesse Ventura Governor, State of Minnesota 130 State Capitol 75 Constitution Avenue St. Paul, MN 55155 Dear Governor Ventura: I would like to call your attention to a legislative proposal that will be introduced in the 2002 legislative session. It calls for the State of Minnesota to restrict, with reasonable exceptions, the sale and use of lawn fertilizers that contain phosphorus. The City Council of the City of Fridley supports this legislation, because we view it as an opportunity to protect the economic and recreational value of our waterways. � Many local elected officials, including myself, are concerned about the quality of water in our � communities. Phosphorus is the key chemical element that turns our lakes and streams from blue to green with algae blooms. Across vast parts of the state, phosphorus naturally exists in abundance in the soil. So, iYs not necessary to add phosphorus to lawns. When phosphorus is added to lawns through the standard fertilizers sold in Minnesota, as much as 25 percent of that phosphorus ends up in our lakes and streams. Treating just one lake for high phosphorus levels costs $50,000-$75,000 per treatment. It makes much more financial sense to tackle this problem from a prevention standpoint. But, communities like ours need the assistance of a State law in this regard. We can ban the use of phosphorus-containing lawn fertilizers within our city's borders, but we have storm water coming into our community from as far away as Forest Lake, Minnesota. How can we control what residents are applying to their lawns 20 mile away? We believe that the most effective and cost-efficient way to address this matter is for the State to control the phosphorus content of lawn fertilizers sold in Minnesota. Our City, and cities throughout the State, are not capable of being fertilizer police. The time is right for this new law. Sincerely, Scott J. Lund MAYOR CITY OF FRIDLEY /'� RESOLUTION NO. A RESOLUTION RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHORUS LAWN FERTILIZERS WHEREAS, the City of Fridley values the quality of many water amenities in the community, like Rice Creek and Springbrook Creek, which are tributaries to the Mississippi River; and WHEREAS, there has long been established a well-documented relationship between the use of phosphorus-containing lawn fertilizers and the degradation of water quality; and WHEREAS, as a matter of policy, the City of Fridley desires to reduce the consumption and use of phosphorus-containing lawn fertilizers; and WHEREAS, subject to unique circumstances, regional soil conditions have an abundance of natural phosphorus; and WHEREAS, industry leading fertilizer manufacturers and retailers have failed to produce and market low phosphorus lawn fertilizers to the public; and WHEREAS, over two decades of public education has had minimal effect when in competition with corporate advertising and their refusal to formulate to local needs; and WHEREAS, the City of Fridley finds it important to encourage the reduction in the use of ^ phosphorus-containing lawn fertilizers within and beyond the City of Fridley borders; and NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley declares its commitment to phosphorus lawn fertilizer reduction by encouraging the adoption of State regulations regarding restriction of use and sale of phosphorus-containing lawn fertilizers in the State of Minnesota. BE IT FURTHER RESOLVED, that the City of Fridley does request and encourage its State legislative delegation to consider and enact legislation to regulate and limit the use and sale of phosphorus-containing lawn fertilizers. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS DAY OF , 2002. ATTEST: DEBRA A. SKOGEN, CITY CLERK ��-� SCOTT J. LUND, MAYOR Jan 09 02 03:53p Cit� ShcreWOad 9524740128 p.2 A bill for an act relating to che environment; providing for limitations in the use and sale of phosphorous lawn fertilizers; requiriag rulemaking aPPropriating mouey, amending viinnesota Statutes 2000, section I 15.01, by adding a subdivisian; propasing coding for new law in Minnesata Statutes, Chapter 1IS BE IT ENACTED BY THE LEGISL4T'URE OF TF� STATE OF MINNESOTA: Section 1. �linnesota Statutes 2000, section 115.01, is amended by adding a subdivisioa to read: Subd. 21 a. [T[,rRF. j"Tur;" means land olanted in closely mown, mana�ed grasses and includes, but is not limited to, residcntial aad commercial residential property; arivate �olf courses: and propertv owaed by federal, state, or local units of �overnment, iacluding parks. recreation areas, and oublic �oif courses. Sec. 2 [I15.175] [PHOSPHOROUS TTJRF FERTII.IZER] Subdivisioa 1. [PHOSPHOROUS USE PROEiIBIT'ION.j � Effecrive August l, 2003, a person mav not avQlv a fertilizer containing the plant food phosnhorous to turf: eacceat: (t ) when a soil test by a la6oratorv certified by the a�cy and nerformed within the last three vears indicates that the levels of avaitable phosphorous in the soil aze insufficient to support flealthy turf gro�vth; (2) when the vropertX owner or an agent of the nroperty owner is first establishing turf via seed or sod procedures during the first mrowi.ng season� or f 3) when usin� organic turf fertilizer derived primarily from animal or compost waste � that does not exce�d a natlual ohos�horous content of two percent bv wei� , (b) applicatioas of the vlant food„�hosphorous done under paragraph (a), clause (11. must not exceed rates adopted by the a�encv in tule. Subd. 2. fRULES.I The a�ency shall adopt rules governing the application of lawn fertilizer containing phosphorous and standards for the containment and cleanup of the retease of lawn fertilizers containine ohosphorous. � Subd. 3. fPOIVT OF SALE INFOR�IATION.1 A person oEfezing fvr sale or selling at retail a fertilizer containint� tlie plant food phosphorous after Au�st 1, 2002, must: (11 conspicuously oost consumer [nformation pertaining to the lawful sale,,protubited uses, and recommended best mana�tment �racticcs for Ferlilizers containing the plant food phosphorous for residential uses: and (2�provide printed and free-of-charge consumer information, as descnbed in clause (1), to persons �urchasing feitilizer containin� the plant food uhos�horous. Subd. 4. fRESTRICTIONS ON SALE AND DISTR�UTION OF PHOSPHOROUS LA�VN FERTILIZERS.I Effective Au�ust I, 2003. no person, firm. cor�oration, franchise, or commercial establishment may sell lawn fertilizer. li4uid or �tranular. that contains anv amount of phos�horous or other compound containingphosphorous� such as phosphate, except as provided in subdivision 1. Subd. 5. f PENALTY.1 After Au�ust 1. 2003, the a�ency mav assess an_ administrative penaltv of � for a violation of this section. Scc.2. [APPROPRIATION.J $ is appronriated from the general fund to the g,ollution control agencv for the 2002-2003 biennium for the purposes of section 1. � ::ODMA�PCDOCSILIB 1\7Q4219\1