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PL 11/02/2005 - 6967��`��-. CITY OF FRIDLEY AGENDA �LANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 2, 2005, 7:30 P.M. LOCATION: CITY COUNCIL CHAMBERS FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MlNUTES: October 19, 2005 1. PUBLIC HEARING: Consideration of a Rezoning, ZOA #05-04, by Peter Borman, to rezone multiple properties from R-3, Multi-Family to R-1, Single Family, generally located at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. 2. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #05-08, by Blue Print Homes, Inc., to replat portions of Block 2, City View Addition and Blocks 12 and 28, Hyde Park Addition, to create 16 new single family lots for the Gateway West Redevelopment project, � generally located at 271 & 281 — 57th Place, 5740 University Ave, and 5917 through 5955 3`� Street. 3. PUBLIC HEARING: Consideration of a Consideration of a Vacation, SAV #05-01, by Blue Print Homes, Inc., to vacate por�ions of 57th Place NE, 58th Avenue NE, and 59th Avenue NE, lying easterly of 3�d Street NE and terminating at the University Avenue NE right-of-way, to accommodate the replat for the Gateway West Redevelopment project. 4. PUBLIC HEARING: Consideration of a Text Amendment, TA #05-04, by the City of Fridley, to create a chapter in the zoning code, Chapter 205.32 0-7, a new Shoreland Overlay District. 5. PUBLIC HEARlNG: Consideration of a Text Amendment, TA #05-05, by the City of Fridley, to amend the following chapters in the zoning code, 205.09.5.D, 205.09.7.F, 205.13.5.D, 205.14.5.D, 205.17.5.D, 205.18.5.D, 205.19.6.D, 205.20.5.D, and 205.25.8.D regarding curbing and drainage requirements on residentiat and commercial properties. 6. PUBLIC HEARING: Consideration of a Text Amendment, TA #05-06, by the City of Fridley, to amend Chapter 205.04, of the zoning code, regarding general provisions of declaration of � policy, nonconforming uses and structures, building site, and environmental quafity. OVER --� 7. Consideration of a Text Amendment, TA #05-07, by the City of Fridley, to amend defined Public Nuisances to include hazardous material dumping and waterfowl � feeding. 8. Consideration of a Text Amendment, TA #05-08, by the City of Fridiey, to repeal Chapter 105, Weeds, and create a new Chapter 105, Landscape Maintenance. 9. Consideration of a Text Amendment, TA #05-10, by the City of Fridley, to repeal Chapter 208, Erosion Control, and create a new Chapter 208, Stormwater Management and Erosion Control Ordinance. 10. RECEIVE THE MINUTES OF THE AUGUST 10, 2005, APPEALS COMMISSION MEETING. OTHER BUSINESS: ADJOURN � � v City of Fridley Land Use Application ZOA-05-04 November 2, 2005 GENERAL INFORMATlON SPECIAL INF�RMATI(?N Appiicant: Peter Borman 12Q River Edge Way Fridiey MN 55432 Requested Action: Rezone property from R-3 to R-1 Existing Zoning: R-3 (Multi-Family) Location: 100, 104, 108, 112, 116, 120, 124, 12$, and 132 River Edge Way Size: 100 River Edge Way: approx. 9,960 sq. ft. 1Q4 River Edge Way: approx. 9,840 sq. ft. 108 River Edge Way: approx. 9,840 sq. ft. 112 River Edge Way: approx. 9,840 sq, ft. 116 River Edge Way: approx. 9,840 sq. ft. 120 River Edge Way: approx. 9,840 sq. ft. 124 River Edge Way: approx. 9,840 sq. ft. 128 River Edge Way: approx. 9,840 sq. ft. �132 River Edge Way: approx. 12,989 sq. ft. Existing Land Use: Singfe Family Homes Surrounding Land Use & Zoning: N: Single Family & R-1 E: East River Road & ROW S: Stevenson Elementary School & P W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Section 205.07.01.A.(1) allows one family dwellings Zoning History: 100 River Edge Wav: 1957 — Lot is platted. 1960 — House and garage constructed. 104 River Edge Wav: 1957 — Lot is platted. 1957 — House is constructed. 2001 — Deck constructed. 108 River Edge Wav: 1957 — Lot is platted. 1961 — House and garage constructed. i1975 — Addition to garage. 11 Z River Edqe Wav: 1957 — Lot is platted. No initial building permit for the house 1967 — Detached garage constructed. 1977 — Addition to house. 1979 - Decks constructed. 116 River Edge Wav: 1957 — Lot is piatted. 1959 — House constructed. 1960 — Detached garage constructed. 2001 — Detached garage removed and re- constructed. 120 River Edqe Wav: 1957 — Lot is platted. 1958 — House and garage constructed. 1961 — Porch constructed. 1994 — Detached garage removed and re- constructed. 124 River Edge Wav: 1957 — Lot is platted. 1961 — House constructed. 1964 — Detached garage constructed. 128 River Ed ecL Wav: 1957 -- Lot is platted. 1957 — House and garage constructed. 132 River Edae Wav: 1957 — Lot is platted. 1957 — House constructed. 1997- Portico added to home. 20Q3 — Detached garage removed and a new attached garage with living space above constructed. Legal Description of Property: Lots 20-28, Btock 1, River Edge Addition. Council Action 160 Day Date City Council — November 21, 2005 60 Day Date — November 28, 2005 SUMMARY OF REQUEST Peter Borman, on behalf of all the owners of the properties at 100, 1 Q4, 108, 112, 116, 124, 124, 128, and 132 River Edge Way is requesting ta rezone those listed properties from R-3, Multi- Family to R-1, Single Family. SUMMARY OF ANALYSIS City Staff recommends approval of fhis rezoning request. • Proposed rezoning corrects an existing non- conformity. • Proposed rezoning is consistent with the Comprehensive Plan. Staff Report Prepared by: Stacy Stromberg ZOA #05-04 REQUEST The petitioner, Peter Borman, owner of 120 River Edge Way, on behaff of ali the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R-1, Single Family. The petitioner has contacted ali of the above property owners regarding the rezoning request and we have received signatures from ail of them. Cross-hatched area to be rezoned G � � . ANALYSiS All of the above referenced properties were devetoped with single-family homes between the years of 1957-1961. They are all zoned R-3, Multi-Family and have been since the City's 1S' zaning map dating back to 1958. The 1958 zoning map shows an R-3, Multi- Family zoning designation starting at the south edge of River Edge Way (61S' Way) and extending all the way to Interstate 694 (Hwy 100). Sometime between 1958 and 1962 the schoal district purchased the land south of the subject properties, which resulted in a change of zoning fromR-3, Multi-Family to P, Public. The land south of the subject properties is where Stevenson Elementary currently exists. As a result of the school � � property being rezoned to Public, a strip of R-3, Multi-Family land remains as a remnant of that once very large R-3 zoned property. The petitioner, Peter Borman, who lives at 120 River Edge Way has submitted this rezoning request on behalf of all of the adjoining neighbors. They would like to see the current zoning changed to reflect the current land use, which is singe family. While single family homes are a permitted use in the R-3, Multi-Family zoning district, changing the zoning to the lands current use, will allow the singfe family neighborhood to remain the same as it exists today. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the aufhority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designates this area as "Single Family." Therefore, rezoning these properties from R-3, Multi-Family to R-1, Single Family is consistent with the Comprehensive Plan and will promote preservation and reinvestment in of the existing single-family neighborhood. Staff Recommendation City Staff recommends approval of this rezoning requesf, with stipulafions. • Proposed rezoning corrects an existing non-conformity. • Proposed rezoning is consistent with the Comprehensive Plan. . • Narrative for Rezoning - River Edge Way All of the homes on River Ed e Wa are sin le famil homes. Nine of the fort • g Y g Y Y homes are zoned R-3. We petitioned the neighborhood and all agree to have the nine lots rezoned from R-3, to R-1. Peter Borman 120 River Edge Way � • ' �e following is Q list of the River Edge Way homeowners that nre directly affected and agree to the oning of our properties from R3 to Rl: � u Iskierka, Randy 100 River Edge Way Si nnture: Alli, Intiaz a Salim 104 River Edge Wa��e'"°` i Si nature: Hnrvey, Brett 108 River Edge Way Si nuture: � Olson, Keith � nrb 112 River Edge Way Si nature: - -� Haley, Jim & Mariellen 116 River Edge Way � Si nature: � Borman, Peter & Linda 120 River Edge Si nntur ' , Rucinski, Ray Doris 124 River Edg Way Si nature: � Zogheib, Geo es & C olinF 128 River Edge Way � � Si nature: . Anderson, Ken Catherine 132 River Edqe Way a � � i 572-1897 572-2259 571-3961 �-- 571-4045 571-8847 571-4479 571-3963 612-226-2966 571-4092 September 2005 Dear River Edge Way Neighbors, It has just recently come to our attention that the nine lots on the south side of River Edge Way� addresses 100 through 132, are zoned R3, General Multiple Units, rather than Rl, One Family Units. Only these nine lots are R3, the rest of our neighborhood is zoned properly as R1. We hnve contacted Mayor Scott l.und to find out what needs to be done to rectify the situation. Scott has resec►rched city and county records and found that these properties have been zoned R3 as far back as 1958. Mark Jones who developed the neighborhood chose not to rezone the property when he divided the land into single family lots. The Stevenson school property was once zoned R3 but wcis changed to P, Pub�ic Facilities, when the school wus built. Mayor Lund highiy recommends that the nine property owners involved file fvr rezoning in order to avoid any future problems that could arise if these lots were to remain zoned for muttiple dwellings. The fee to fi(e a rezoning appiication is $1500. This fee would be the obligution of the home owners f+ling the application. Keep in mind; this offects oll of us witfiin the neighbor�iood. In order to insure that our neighborhood remains as single family units, now and into the future, nnd to preserve property values, those not directly involved with rezoning their property may still want to help with the application fee. If all forty homeowners nlong River Edge Way were to help, the cost would only be $37.50 per household. A chec�k ran be mnde pnyable to the "City of Fridley" earmarked River Edge Wny Rezoning. � • We will be submitting the rezoning application on September 30th. If you a�e intereSted in contributing to help mointoin our neighborhood, pleuse submit you cor�#rrbution to Pete� or LindQ Bormcrn by September 23rd. If you huve any questions plense contact Pete Borman or Keith Olson. Sincerely, Peter & Linda Bormnn 120 River Edge Way 763-571-4479 bormanlC�qwest.net Keith & Bnrb Olson 112 River Edge Way 763-571-4045 kandbolson@mcleodusa.net A color coded zoning map may be viewed or downloaded from the Fridley web site. www.ci. fridley.mn.us - „ ; �r�4;�. ....'s' ,. t z ""i.i"s � ftY2:e� � '; - :`sa"�.g?��`Ta I ��,.�tY4,z;e* a,33�i:`€a �m;� � '�t;i�31i�3 "t`i�.'rYi}r� €��?t�'�;�. X? ° �?i,k�t{t� �r'3G?1k�9� � . � � . • Zoning Approximate Desigaations: Acres: Percent: R-1 - One Family Units 1974 31.2 � 76 L2 R_2 -'iinro Family Units 2g1 4.4 R„3 - General Multipie Units 35 0.5 ! Rd - Mob9ie Home Parks � 0.1 + PUD - P�anned Unit Development � �.� • S-1 • Hyde Park Neighbarhoods 76 1.2 - g_2 - Redevelopment District 24 0.4 � - Heavy Ind Onaway Addition" � 0.4 � C.� - Local Business 9'r 1.5 i C-2 - General Business 187 3.0 �� - General Shopping 4 0.1 � C-R1 - General Offiee 160 2.5 �-1 - Ught Industrlal 1005 15.9 '� ry�_Z - Heavy industrial �5 1.2 ' M� - Outdaorintensive Heavy Ind. �2 0.2 � pA.q - Manufaeturing Only g23 13.0 w.'�V.�?'°= p - Public Facilities 11Q 1.7 � RR - Railroads 1312 ZOJ ROW . Water ISLE 6326 100.0 N Flood Way �` Flood Fringe � Critical Area C=.� �F FRIDLEY ..., UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT ' � ` APPLICATION FOR: Rezoning Zoning Text Amendment PROPERTY INFORMATION: (ce ifi ate o surve required for ubmitt I, see a�tachPd� Address: t�, % �? �� > �i � �i_. d ., . , r�a .. � Property Identificati Numb r; ~ � � � � � � �` �'' e� � Legal Description: Lot Block � Tract/Addition Current Zoning: Square footage/acrea e: Rec�,uested Zonin -� Reason for Rezoni �// S �1.c �� .. _ -' t - � - - .. _ .� � � , .� �9 ��/1� �1 �±> �; �i � � .� .�,_ ..., Or; Section of Zoning ode to be Changed:��` ��u � � n �` (Attach requested language) Reason for Change: Have you operated business in a city which required a business ficense? Yes No � If Yes, which City? !f Yes, what type of business? Was that license ever denied or revoked? Yes _�..��_�_�.��_�� --- N� ��_��_�_�� FEE OWNER INFORMATION (as if appears on the property title) (Contrac u chas� Fee owners mus#rsign this��m priof to�r•;�cessing.j NAME: �»rlc�_ ! �,�� . .�1. . ,� ADDRESS: G el�'t',,.�. "``' '„z'-e'�` DAYTIME PHONE: � __�� '� SI NATURE/DATE: ��_�� PETITIONER INFORMATIO � NAME: -4DDRESS: �AYTIME PHONE: SIGNATURE/DATE: . ��.�.,��.,�..�� =EES ��_�� =ee: $1,500.00 Rezoning $1,500.00 �pplication Number: Zoning Text Amendment Receipt #: Received By: icheduled Planning Commissio Date: / -a_ �cheduled City Council Date: �'/ d/_�' 0 Day Application Complete Notification Date: Fn. ��._ V �. �� 0 Day Date: -q _b , - / � - �rf� tz� u�e �.�r�va" ----� CITY OF FRIDLEY • PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION � � TO: All property owners/residents within 350 feet of property generally located at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. CASE NUMBER: Rezonin , ZOA 05-04 APPLICANT: Peter Borman Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To rezone multiple properties from R-3, Multi-Family to R-1, : Single Family. LOCATION OF 100, 104, 108, 112, 116, 12Q, 124, 128, and 132 River Edge PROPERTY AND Way. LEGAL DESCRIPTION: The fegal descriptions are on file and avaifable at Fridley Munici al Center. DATE AND T/ME OF Planning Commission Meeting: HEARING: Wednesday, November 2, 2005, at 7:30 p.m. The Pfanning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARiNG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTIClPATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: fnterpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 27, 2005. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: October 20, 2005 i �� City of Fridley LEGEND Community Develoment Department Public Hearing No�ice s2na w River Edqe W � sx I`�� I ciz: I;iso + yae I°♦iz I�xde I,iw �.loo' Rezoning Request ZOA #05-04 Petitioner: Peter Borman 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way � � N� L.L� L � � {.[� a--� � � W � Sourcex Fridley Engineering Fridley GIS Anoka County GI5 Map Date: 10/18/05 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 193 RIVERS EDGE WAY NE 189 RIVERS EDGE WAY NE 185 RIVERS EDGE WAY NE FR�Y, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 GURRENT RESIDENT 181 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 169 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 157 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 144 RIVERS EDGE WAY NE FRtDLEY, MN 55432 • CURRENT SIDENT 140 RIV EDGE WAY NE FRIDLE , MN 55432 CURRENT RESIDENT 132 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 120 RIVERS EDGE WAY NE FRtDLEY, MN 55432 CURRENT RESIDENT 108 RIVERS EDGE WAY NE FRIDLEY, MN 55432 C�ENT RESIDENT 192 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT � 177 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CUftRENT RESIDENT 165 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 152 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 144 RI S EDGE WAY NE FRI Y, MN 55432 CURRENT� SIDENT 136 RIVF,�t'S EDGE WAY NE FRIDLEY MN 55432 CURRENT RESIDENT 128 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDEN7 116 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 104 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 188 RtVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 173 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 161 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 148 RNERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 140 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 136 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 124 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 112 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 100 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 184 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 180 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDEIVT 168 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 125 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 113 RIVERS EDGE WAY NE FRfDLEY, MN 55432 CURf2ENT RESIDENT 101 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT SIDENT 65 6i AY NE FRI L Y, MN 55432 CURRENT RESIDENT 7144 RIVERVIEW TER NE FRIDLEY, MN 55432 CURRENT RESIDENT 176 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURREN7 RESIDENT 164 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 121 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 109 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 6103 E RIVER RD NE FRIDLEY, MN 55432 CURRE(� T R-ESIDENT 7144 R�IEW TER NE FRIDLEY�MN 55432 CU ENT RESIDENT 714 ERVIEW TER NE FR DL Y, MN 55432 CURRENT RESIDENT 172 RiVERS EDGE WAY NE FRIDLEY, MN 55432 � CURRENT RESIDENT 129 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 917 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 105 RIVERS EDGE WAY NE FRIDLEY, MN 55432 CURRENT RESIDENT 65 661/2 WAY NE FRIDLEY, MN 55432 � CUR NT RESIDENT 7144R�VIEW 7ER NE FRIDL MN 55432 CURRENT RESIDENT 6095 E RIVERRD NE FRlDLEY, MN 55432 CURRE�SiDENT CURR NT RESlDENT CURRENT RESIDENT 6095 E R R RD NE 20 6080 E RIVER RD NE FRIDL , N 55432 F EY, MN 55432 FRIDLEY, MN 55432 � t 0 � 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, November 2, 2005, at 7:30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #05-04, by Peter Borman, to rezone multiple properties from R-3, Multi-Family to R-1, Single Family, legal descriptions on file and available at the City of Fridley Municipal Center, generally located at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. 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 Stacy Stromberg, Planner, at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids • should contact Roberta Collins at 763-572-3500 no later than October 27, 2005. The TDD number is 763-5�2-3534. Publish: October 20, 2005 DIANE SAVAGE CHAIR PLANNING COMMISSION _ _ CI"[YOF `� FRtDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN SSA32 (763) 571-3450 • FAX (763) 571-1287 • TTDII"fY (763} 572-3534 October 5, 2005 Peter Borman 120 River Edge Way Fridley MN 55432 Dear Mr. Borman: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your applications for a rezoning on September 30, 2005. This letter serves to inform you that your application is complete. � Your Rezoning application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on November 2, 2005 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will hold a public hearing on your rezoning on November 21, 2005 at 7:30 P.M. Piease qlan to attend both of these meetinqs. � If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, .l � � � (l�/ t �� + �17� ` Stacy S erg � Planner cc: Randy Iskierka 100 River Edge Way Fridley MN 55432 Intiaz Alli & Selena Salim 104 River Edge Way Fridley MN 55432 Brett Harvey 108 River Edge Way Fridley MN 55432 C-05-68 Keith & Barb Otson 122 River Edge Way Fridley MN 55432 Jim 8� Mariellen Haley 116 River Edge Way Fridley MN 55432 Ray 8 Doris Rucinski 124 River Edge Way Fridley MN 55432 George � Caroline Zogheib 128 River Edge Way Fridley MN 55432 Ken & Catherine Anderson 132 River Edge Way Fridley MN 55432 � 1 � • � _ . City of Fridley Land Use Application PS #05-08 & SAV #05-01 November 2, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Blueprint Homes Jeff Magdik 1512 125th Avenue NE Blaine MN 55449 Requested Action: Replat property to accommodate 16 single family homes Vacate a portion of 57�' Place, 58�' Avenue and 59�' Avenue Existing Zoning: S-1 (Hyde Park Neighborhood) Location: 271 and 281 57th Place, 5740 University Avenue, and 5917-5955 3� Street Size: Project Area: 150,282 sq. ft. 3.45 acres Existing Land Use: Vacant land • Surrounding Land Use & Zoning: N: Single Family & S-1 E: University Avenue & ROW S: Burger King & G2 W: Single Family Apt. Buildings, Qwest & S-1 Comprehensive Plan Conformance: Consistent with Plan. Zonin�History: 27157 Place: 1887 — Lot is platted. House built pre-1949 2005 —House demolished. 281 57'h Place: 1887 — Lot is platted. House built pre-1949 1965 — House demolished and new one constructed. 2005 — House demolished. 5740 Universitv Avenue: Frank's Used Cars: 1886 — Lot is platted. 1955 — Garage constructed. 2005 — Garage demolished. 5917 3`� Street: 1886 — Lot is platted. House built pre-1949 2005 — House demolished. •5923 3`� Street: 1886 — Lot is platted. 1954 — House constructed. 1965 — Detached garage constructed. 2005 — House and garage demolished. 5925 3rd Street: 1886 — Lot is platted. House built pre-1949 1950 — Addition to home. 1987 — Detached garage constructed. 2005 — House and garage demolished. 5931 3`� Street: 1886 — Lot is platted. House built pre-1949 1953 — Addition to home. 2005 — House demolished. 5955 3rd Street: 1886 — Lot is platted. 1962 — 4-plex constructed. 2005 — 4-plex demolished. Legal Description of Property: See attached. Public Utilities: Available in the street Transportation: Properties wiH be accessed from 57�' Place and 3'� Street Physica{ Characteristics: Lots are relatively flat and currently vacant SUMMARY OF REQUEST Blue Print Homes, is seeking to replat portions of Block 2, City View Addition and portions of Block 12 and 28, Hyde Park Addition. They are also seeking to vacate portions of 57"' Place, 58th Avenue and 59�' Avenue to create 16 new single family lots for the Gateway West Redevelopment project. SUMMARY OF ANALYSIS City Staff recommends approval of the preliminary plat request. • Proposed lots meet or exceed the size standards required by the City of Fridley Zoning Code. • Provides new home ownership opportunities in Fridley. City Staff recommends approval of the vacation request. • Street vacation will allow for additional single family lots. Council Action / 60 Day Date City Council — November 21, 2005 60 Day Date — November 28, 2005 Staff Report Prepared by: Stacy Stromberg . ' � , Gatewav West Redevelopment — PS #05-08 & SAV #05-01 � THE REQUEST Blue Print Homes, is seeking to replat portions of Block 2, City View Addition and portions of Blocks 12 and 28, Hyde Park Addition, generally located between 57�' Place and 61S' Avenue and 3�d Street and University Avenue to create 16 new single family lots for the Gateway West redevelopment project. Blue Print Homes is also seeking to vacate portions of 57th Place, 58�' Avenue, and 59�n Avenue, lying easterly of 3`d Street NE and terminating at the University Avenue right-of-way, to accommodate the replat for the Gateway West redevelopment project. The property is currently owned by the Fridley Housing and Redevelopment Authorifiy. This project is referred to as "Gateway West" and is comprised of properties formerly used as a used car lot, a vacant lot that once was occupied by Wemer Furniture, a 4-plex and single family homes. The "Gateway West" property is outlined in the aerial photograph shown below. These two requests require separate actions by the Planning Commission. Information in this staff report will be presented relevant to both of the requests, but staff recommendations will be made for each individual request. Gateway West Redevelopment Project � HISTORICAL TIMELINE In 1976, the City Council created the S-1, Hyde Park Overlay district which applied only to the properties located between Main Street and University Avenue and 57th Place and 61St Avenue. In 1976, this area of the city was a mixture of uses; made up of single family residential, • duplexes, multi-family and commercial properties. The purpose of the overlay district was to • recognize ths mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. At the time ofi the creation of the S-1, Hyde Park overlay district, the City Council promised the residents of this area that by creating this district, they would no longer allow new commercial properties and once the existing uses ceased operation they wouldn't be replaced. The existing commercial properties, like Custom Mechanical �60'n & 3�a), Werner Furniture (59�' Ave. & 3�d Street), and Frank's Used Cars (58`n Avenue & 3 Street) would be allowed to remain until such time that the owner changed hands, the use was gaing to change, or the property went up for sale. In 1994, Custom Mechanical wanted to sell their property to another mechanical contractor; however, resale of their property, even to another mechanical contractor, wasn't allowed as part of the Hyde Park overlay. Therefore, the city purchased the property and demolished the commercial building. The City also took the slip off out that once provided southbound University Avenue motorist with easy access to the businesses on 3`� Street. After the removal of the commercial building and the slip off, the City replatted the property that was left into finro singfe family lots and sofd the lots to the HRA. The HRA in turn sold them though their scattered site program and two single family homes exist on the property now. ln 1996, the HRA purchased the Frank's Used Cars site and, in 1999, the HRA purchased the Werner's Furniture site. The Werner Furniture building was torn down with the thought that the lot could be redeveloped and sold through the scattered site program. The HRA let the building remain at the Frank's Used Car site to help the HRA meet TIF (Tax Increment Financing) �nancing requirements for blight. The vision for the Gateway West project at this time included the Frank's Used Car site and the single family homes south of it. There was an analysis done • at this time that determined that this project area could be comprised of either seven single family homes, townhouses, or a senior apartment building. A neighborhood meeting was held in which neighborhood opposition arose. Many people spoke of concern about 57�' Avenue traffic. Since 57th Avenue was slated for redesign and rebuilding in 1998, the HRA moved their attention towards the Gateway East project, on the east side of University Avenue. In 2002, after the completion of the Gateway East project, the HRA re-focused its efforts on the Gateway West project. A neighborhood meeting was held and a tax increment analysis was completed. The tax increment analysis determined that there wasn't enough blight to warrant a project other than single family in this neighborhood. At this point the City Council and HRA determined that singfe family residential was the way to go and directed staff to do their analysis. The image along the west side of University Avenue was a main focus for the City and the HRA, so city staff did an analysis of the entire 3`� Street block to determine what areas were in need of redevelopment. It was determined that the 5800 block of 3`� Street didn't show a high percentage of blight to make it eligible for TIF (Tax Increment Financing), but the 5700 block and the 5900 block of 3'� Street were blighted and in need of redevelopment. In 2002, staff started acquiring the additional properties to make the Gateway West project a reality. The fast property needed for the project was acquired earlier this year. The project area is comprised of two commercial properties, one property with a four-plex on it and six lots with single family homes. AI{ of the buildings on the lots acquired for the project were recent{y demolished. • HRA'S VISION FOR GATEWAY WEST Since the land has been acquired, the Housing & Redevelopment Authority's (HRA) goal for Gateway West is to convert the former mixed commercial and residential area into a viable single family residential development. They have approved Blue Print Homes, a Blaine housing . developer, for the construction of 16, new, single-family homes. The attraction of Blue Print Homes stems from their commitment to variety and quality of construction. They pride themselves on never constructing the same home twice. The exteriors of the homes will include brick and stone, as well as an attractive mix of other siding material to give homes a unique look. The developer expects that the homes will range in price between $250,000- $400,000. It is the hope of the City and the HRA that as money is invested in the Hyde Park neighborhood, existing values should rise, and, if the past repeats itself, the new development will prompt reinvestment in the existing properties. REPLAT AND STREET VACATION As a result of the Gateway West project, the existing properties need to be replatted to create the 16, new, single-family lots. The plat will be divided into two blocks. Block 1 will be comprised of nine single family lots and is located on the southern portion of the project. Block 2 will include seven single family lots and is on the northern portion of the project. Fridley City code requires that lots in the S-1, Hyde Park zoning district be a minimum of 60 ft. in width or 65 ft. in width for corner lots. The lots vary from in lot width from 60 ft. to 107 ft. City code also requires that lots in the S-1 district have a minimum of 7,500 square feet for lot area. The smallest lot size is 7,550 square feet; the largest lot size is 13,092 square feet, with the average lot size being 9,393 square feet. �;�� ---- BIOCk 2 Lots 1-7 �� •---- Block 1 Lots 1-9 Cross-hatched areas signify Block 1 and Block 2 � � • In order to create the 16 new lots, a six foot strip of 57th Place, a 60 ft. portion of 58�' Avenue and a 60 ft. portion of 59th Avenue, lying easterly of 3`� Street NE and terminating at the University Avenue right-of-way, needs to be vacated. The six ft. strip of 57t" Place to be vacated will provide additional lot width for Lots 7-9, Block 1, without affecting the right-of-way need for the road or snow storage. The portions of 58th Avenue and 59�' Avenue to be vacated are approximately a 60 ft. by 140 ft. located between 3'� Street and University Avenue. The 58'n Avenue section to be vacated will provide the necessary lot area for Lots 1 and 2, Block 1. The 59th Avenue section to be vacated will provide 30 ft. of necessary lot area for Lot 1, Block 2, and the remaining 30 ft. of vacated right-of-way; will go to the property located at 5859 3'� Street. As you are aware, a zoning text amendment for the S-1, Hyde Park zoning district, related to the reduction of the front yard and side yard setback was approved by the Planning Commission on October 19, 2005. This request will go before the City Council on November 7, 2005. The proposed plat for the Gateway West project has been designed to follow the new front yard and side yard setback standards. If this zoning text amendment is denied by the City Council, the project will need to be redesigned to meet the old setback requirements. STAFF RECOMMENDATION City Staff recommends approval of this preliminary plat request. ■ Proposed lots meet or exceed the size standards required by the City of Fridley zoning code. ■ Provides new home ownership opportunities in Fridley. City Staff recommends approval of this vacation request. � ■ Street vacation will allow for additional single family lots. STIPULATIONS City Staff recommend that the following stipulations be placed upon approval of the preliminary plat request. 9. Petitioner shall obtain all necessary permits prior to construction. � 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner fo pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit • Blueprint Homes, Inc. Fridley Proposal Blueprint Homes, Inc. is a true custom home design builder. Blueprint Homes prides itself on creating one of a kind homes that are as stunning as they are functional. Blueprint Homes is dedicated to quality craftsmanship as much as they are to constantly designing and building homes that are unique and creative. Blueprint Homes, Inc. would thoroughly enjoy the opportunity to work with the City of Fridley to together create a beautiful new development. Blueprint Homes plans to design and build a variety of ramblers and twastories with many different features including front porches, detached garages, gazages behind the house, and other creative variations on shakes, stone, brick, and siding. Blueprint Homes, Inc. proposes to build houses starting from 250,000 and up and starting at approximately 1,100 sq. ft. Blueprint Homes envisions a development where each home has an individual style and character that fits in with an over all feel of a cozy, cottage type neighborhood. Blueprint Homes, Inc. feels that our vision for this project fits with the goals of the City of Fridley to create a beautiful new area that anyone would be proud to call home. *For more information, please contact Jeffrey Magdik or Erin Kelly at 763-767-0422, or visit our Web site at www.blueprinthomesinc.com. • � � � . .. � • � � '� f �� I �t � � � ..a� �...�]0�� _ �..,,..�'.n._.._'_,..� �,'. _ _ "_` _ _ �� µ;� j`� ' -�* — __ _ -z,- . � �. �4� -i� � .._... �, � ` gi ,' , �%, � :.. : ' . ` --" _^. __� -- i �\� ".� '� �'� ��y � a�� P �'1 ►' �� `'' `° ; e ..i ��, �A � ��t �� -\ � ' //- _ �^��,/ sea �� B° Y '°a.a'a i�,.� _ ` j �� _ ��' \ � /�- '� 1 s ,, �* _ -��.� ..��e A' ,y� �'Y y �� —� .� Total 2173 sq. , f �. � I . T �, mi :i � 1-- _� _ y_ _. Rear Garage �ar�o- .._------.--__ . ___:r OPEN TO BEL01N BI'.4 � � „•.,,� Br.3 Tota1 1361 sq. f �. Optional Bosement Stair locatio� Rear Garage 40'-0' I• "` "' �__ CaU us or uisit our Web site for more information on rrwaleis, custom homes and. sites throughout the 1�uin Cities area. 76S.76T.0422 www.blueprinthomesinc.com . BLUEPRINT HOMES . Titird Genemtion CusWm Bw'Ider • COVERED PORCH RECYCLE � 11�x 9d AREA � Fam. Room 738 x20� Total 1436 sq. f �. � °,� Br.2 Mbr. �Y�1+� ,00 x,oe 12 � x 13 � 1'T1� Br.3 ,�� x,�s Gar. 79° x214 --/ � � Bedroan 2 Bedroom 3 10Sx 10° � 102x 10° ;, 1 i": O � "°' Vaulted ' ld"65ffi-- -- � BcinQ ql� -'.,-=�':�:; ! ; Magt�r s��ce i i 13°x 12° - � � � � � - �� , �------------� , . . w.�.�. 45=1D" � ., , . � Breokfast D'ming Room " . IOsx 10° °wKitchen �. µ • .,a.n., FamBy Room 13'x 16` Fo� ' ,'*, 1. . '1.n Covered Pardi Opt. Bonus Room 19°z 12S �---� I � � SECOND FLOOR PLnN Garcgs 195x 235 ��i :i ..r�wa S aooe wrt r .v^--,^.m.-.^ � FlRST iL00R PLAN Totai 1195 sq. ft. C�CHO • � � M�~�y..N_-�M.. Ca[I us or visit our Web site for more ixeformation on modeis, ': �dbi custom homes and sixes throughou.t the Twin Cities area. _..__.� 763.76?.0422 qo'-0» www.blueprinthomesinc.com , _ _ _ _ _._ _..._._ f .. . ..... ... ..... ... . ....... ........ . .....: .. . , ..... . _.. —.,. _ ,.. _ .... _. . ...:._. _... _ ... .-�:: �:., .. .. ..... ..,..___ _ ._... F-. .....,. � ;t �! � .., ad ": e �v .. : i> i ' �� : y �. �. -,: � F � �.:.. - -'"..ie ..;} � � � � ' • � — � - � ` t •� r � ��i�"�."`. _ " ' °""�� . ,: � \ �,�,,�,� ,�;"s� ,�T ,4°� �r� � � - = �.\� \\ . � � _ - ��>�..... l.� � . , "//I � �'� �}�•�\ ��_�. - . . :. � ��:' F:.. �" ... s`-.�'� .. �:./ ��m.:."`iwa_ TM�'�;�/ 'a'_ � � Total 1395 sq. ft. ...._.__. o ...,,� Mbr. � 14�x12� . ,.., � �` � � �K ' Gar. Din. =a•.,�6 ��x�� 12tox 97 '�. m��tisat .._........�....._.... - iv.Rm. � ��i` 12� zt5� , j :�� .�- Br.3 Br.2 „2 .,o° „' x,o° li1NN! usara�o srorNr,� 2xS0. FT. . ..�_«.....»»_ ..................... .. ON � B�EINON�V unfinishcd starage Total I789 sq. ft. � � �'-- '�'�+�.��.�m... �. � � �x. '� }}6 k; , p i k" `� � ?� �� ;� :� ,� � �:.� �� ~';i ��i �._ � �� ;I � �..m �, e ��,. � � � ��r ,°.�__�---- -- Side Load �9e Garage 25'x 26° i I `�--�--... ii C p�n O�os iro_ , _" j �5'•8' � � � I � _T � adds 258 sy.ft. "-" }--° Cail us or uisit our Web site for more information on modeis, � custom homes and sites throughout the ltuin Cities ar� `-�' 763.T6T.0422 www.blueprinthomesinc.com , . _ . x. s � MAGDIC ADDITIO N FRlDLE�, MINNESOTA ('�+r � rr r�� n q� � �v�i I�A/ A�i n �n .: � �� v� vr. n�vn.�., � � vv, STA7E OF MU�'SOTA w -�` `t / I � � n i i � i r -� � � -r v n � i r e � �� r v iv � v G h.. i � i � v C iv v C STME � llllf50TA I—^1— I_' —1` i i i i i i � --�--i i i T_"I.—�"�T-1_ -- — — — � —=r� � --- -�, V — -- — — -.i----!_ T_ r--�= �=�r_?-_ r � � „a I 2� �n � 2; �5 � � � � � -:�� « �r—� � '� � , I , � I „ � , I i,' � I _ I � . � � -r 2 � « <' �^ � '— — — — �— — ---� 1= y � .= i� .;Q :.� �� :.-' 2� ! 2�� .'. � ., � � � � � � �.. �°r �: 117 ;8 I 4j �� I ;� I � I r I � I � �� wie u�r� 7�� 6 � 5� 2 �`4� � �3 , 2 i I 1 i y� jc � � � � i ti ! � � � � �+V �� - � � u� Fc — i y i2 �, ,:, I i - I I 1 I ��; I I I I�� I�J I^:�i I-' I I�'I�-'� I I i I �� ,�� I � 5 f-- -- �,� � I �! �--� I _> - � a�oE � � � i�(.! � �,1: ��; � � � � �Ar[� �r t`�.i : � jC . � C 1� ' r C �� 9 � �i � � , = � I �' � i �� I�,. 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M�VNESOTA . 1 � 5 � DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: ii g--� ,� o i i--g o -----�----��----�----- being 5 feet in width, and adjoining lot lines unless otherwise indicated, end 10 feet in width and right-of-way tines unless otherwise indicoted on the plat. _ — _�$�b�� //7� - -- �40.00� � -T-- , �__ , ,a. �._�_ `I _ tro�;�, ��y � � --� \'rov� / I � � ;% I % � � `�--� I � � �s- _i � #� � 3 ��' � I �a xer x�ud� t Eumer r� \ �, � m� � �� Z � I \\ Q�I. � � (17,247 �RI � --- `� � ---�--� \ I �_,�►�� 1_� • 1 B+e. _�� .__ �'--� m �-�'--<-----<--- T---r--_� � '��! � I iY I i� I � � � I I I I I f I I I 1 I � I I I I I I I I I 1___I___J -r---i----� SITE DATA TOTAL AREA 3.45 AC. NUMBER OF LOTS �g LARGEST LOT 13,092 S.F. SMALLEST LOT 7,550 S.F. AVERAGE LOT 9,393 S.F. 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I I I I � I � I � I � I � ` I I I I C i. v �. �: I I I I I I I I � I i I I � — r\ GRAPHIC SCALE �u o is a � ea � iyo ( IN FEFS ) 1 Ineh � 9� R �ax�s aas esstnau. Nmne � Is►��a.. 2 Tmms ReyNa 10195 � — — — — \ � . 10.705 q.R � � I � � ` ,aowc� m (T; r��-- � � � � � � — ---�—� I � \ i i` ` ( ' � _ � _ I .auss � � •, \ �'� �----1 rt�»�ao el oorton+r \ \ � I \ � �. \� rT's � `\ �A �\ I u��.� �� - — — — _ — � ��-� � i - I � � "' �� \ � ( � �ss'38 ♦ I� :n� ' _� � �� _ I :�.� � n :� �= I �, � �r.r ~al 6) 1 - —I �� `la ,�,� I `' I�` I � I l�� I \��yy�`^(�>• ��_ Y s � � c� �'� �--�- --- _ ----�� z ; � � << `� � � �. / I � � � :� F � � \ �� I I � �' I � � �� I� I U � �--- PNA t qld�+ ` s �.,, -- -- -- -- --�-- -- -- -- --�-- -1 b � ��ttoanl�mmd� •howa For tne � any eraro�d ntftiiies or I Lbe�re ez�.at�a can co�s srsTa i ceu. at esi_ase-000z J PRELIlVIINARY PLAT � �I �'-+ � \��1 ��i J�I i_jl ��-`� F\�� lI j� � �� i ; � ��' � _ � ---�� I � � �T-- � � � I I �I ' � I �' I FAED OREEFL OR I . � I I I I � i �-- I wvro : �ornu ausr LEGAL DESCRIPTTON �18. Bbck 21. FIYDE PAttlf. Mokc Count�t �Q�nasota �et. e aru t,w. ,a a«r za � PNUC. Ma�o cw�yc NMeoto. toq�Mr rM tl�� rat 7 Mt ot � rawbd aby lyiy adjoe�t te �dd Lob 0 tlw 1Q Bloek 2E �vo . ,�.. �. �, �. � ,� ,�. � �. �„r � ,,,� ��.��.� �Pni oi Slat� TniNcd�Y No. 47. aW .add� d.o 3aoo a�t .o�any or nu tme.r�y dN�O�d e�nt�Ai�e � Bpfre�i�q a! tla e�ntMtne int�acFlan d 3rd Str�a�t N.E a�d '.f�lA Av�w N.E: fhw� �auMMydaq tM anWih� of 3N Stn�t M.E. o msta�w ei 1B5.3�i f� M�nw m o taiq�ntld anve to 1M riqht W�oe� antrd aql� V 33 d�qrw 30 miwtw OD ww� a�d �od4n H ,30.00 fast e dsWna ot iZS.93 iro� thenee on a tanqw�tld am. to u�. bR nnos� anr.d myl. r ss 9 � a.�«. �z m�,u� �s ..aom a,a r�. y�a�.� r..t. a�stana a 164.28 tat thmw tawent to Wrt dnab�d eurw to tha wnlwlh� d 57'th Poad. m dwwn m u�. Wat ot enr v1EM� Md�a eou�cX uhnssoto, me mdd eantMin� lharo t�rm(nofrg. NOTES u9d dper4tkm oW Bamday 9pwy ■en Mnhhad by ownar. —,.r—��S11N�G 570R11 SEyIEp . ---fl--- oasm,c s�rr�,r st�t ---H—� �OSi1NG WAIER L9iE —aF—� DOS'7CiG OVERNEAD F1ECiPoC --w--- oas�+c uw�ow� c�s ur� �+ - � CY1 � Cp1lONYl00D � - �,� eu, - aM MP � MAPLE OAK � OAK PN � pINE SP �.SPRUCE Y1L � YYE.L.OW 0 � CATCN BASM � a ELECiPoC BOX • � FfJI� CORNER ,�- �o oao sEC,roH M. �,� �w� C�. �r r o•� Fart+o a� r� ; - wair � w�r uarnn+�r `� = ua+r aa� � - uumo� mr�x nuw suarnrn�sroR►� �- - unun � p- wer�r oa sran� wwr+otE 8 - �a� eo�c y�- vu Nne. BENCHMARK �.. Top Nut Hydrant at tM SoufhM»t Quadrant of sren vw�e s xa s+re� r�.E �._sµ.sa (w�w zs) • xoqa au. susrnre sva.nna� esa nQ r� � op santc a�rovs�. • PRIlVT HOMES 12S[H AVENUE NS MiNNE50TA 55449�4749 MAGDIC ADDTTION 2 oF 5 � FRIDLEY.hDN[JMSOTA � i �� • DRAINAGE AND U7ILITY EASEMENTS ARE SHOWN THUS: �� s--� II o �"" o � I I � -----�----��----i----- being 5 feet in width, and odjoining 1ot lines unless otherwise indicoted, ond 10 feet in width and right-of-way lines unless otherwise indicoted � on the plat. PI$NEER�� ava�wsns urwrt..r.. u uwsuRVrrws un�wee�xaonzn �� M��"�nrtassim CoonRapidsOffice ��sw3 (651�9]-I91/ Fu:6B1-4188 � (M3)7B3-1B80 Fex.'187• 0 ■ � � �^T A TI"' TL)� �� fl! 1 II/�1 IIA/ A\/ A I/'1 A � . . . (�: I n I t- � �� vi v� � ri�vri �..-, � � aa i_ �'Y / � . � / I — — � — — — — l-Waatarly Right–et–way lirt� ef SWh T�7�, y{pp�pY�l�q — — -- -- � ., . STAIE�OF1Ri$ // /� � r ��— �� — — �� i ,� � � — — czae , � ,azas / a2 azes �� — � — — � -- / __a-eu.r (re e� c.d) — •�,. / � � /��f� � .�.� �� `n_'"1_ `; -� r�--��`� �� 4 I II ?.� I 2?. , r� i �. I I � /��\I __ —I'� �i� —�'1 �� --E.� �� I NAIIDRAtlI t A18TA // '_�'� �o" � � 1 1 �� I V L I I!-- J i �I ---i $„ I��----hl 1 \�� 'r' la • �_i a i I 2 °' h I i � I---- i I� . I g i I I I---' °g° � I- ��g � r � ,----, y °°s'wc � I � � � �J, °osn'c I � � / � 'roug � I �i' __ I. I-- � ��•rovse 1 ensnwc I � � � �i 7 � i I ,� 6 � �� I ��—�'-- �_ i"d'� � f p aea� .an. � � /' e.ee� .an.� i c.wx �� ' l 4�� I l `� _ �, / � ! I � T � \ - °�1 I - I I �, � ------� ! - � - � -F----- ; ---I- a � � �,�`-,=�, .,��:o �. ��N� I I 1� I� � I / I �'t-- ---I_'_:._� _ _ 1 _ � _L� � ._ � \. 6286 / � 6288` \ / / 62. i' –� _ �,62'86� _ ✓ �/ �.J �� f�� •'�%e: � 1� 1 �� 1�. ". v S00'03' _ �� 8t � ---->----->--�--�---$->----� ---a-- -�---->----�E3-;; ->----� �o -8L� ` >--r_ .'J 1 L) ' � L —�-----�----,-----�-----�--y�-----� ----�-----�-----��----�---��I-s=aa '_u,_ _� � i � � 1 �� r� � � in In ir��;�ir�i a� irn n ir VI VI V LI \..:! 1 1 /"1 V LI VVL � �__ T � � � � � � T � � � � � � �,�,a, ��,T,� I ��A I I I I„� �,,,�I I I I ��„,� 1 'i'" I °�°` I I I I 1^ L, I�; I 1 I � � - � Y � � � & � :' � �3 � � � ;;, ;' �^;; �� I t� � ... � t7 � t� I v I I I I I I I I I I I I I I I ( I ' I I I I I I � I I I I I a��cl1: ;;I I I I I I I � ( � � � � � � � � � � � � � � � � � � � � � � � � � ! � i i i i � � i i i i i i i i i i i i i i i i i , , , , . . . . . —� (� Q GRAPfiIC SCALE ----------------------1 ao e �s s w ,m � AIl vlaitsle imPmRments Lave beea showa For the � locatioa of naT ndditionel �der�o�d nf9ltln or I � . � . �Defore euaontion ceII CQP�R SPATS 1 CAi7. nt 851-454-OOU2� � ( Itt FEEP ) � . � _� �� .�� .�� . 1 iach � 90 tt � � � . . BEARWCS AI� A3S1fl�. � E � i ERmhmhxSC � � � . . Ry.Na 30593 Dm Id07AS � . � 1 PRELIIvII1�TARY PLAT — T— — — LEGAL DESCRIPTION r-- H�YDE�PARK. M2%oka CountX�NMnewta loyslMr riM�thot I �_ . pat ef 1M MJnant vaoahd 591h bwnw NJM.. mM .:v �rr wllb 1M odJoant voeabd a0yc I � I Let 26 Blodc tt HYDE PARK. Moka Cou�c YNnu�. toq�tlir wHh tM adpeant vaeoNd d� IS'IEAWW kM01�11 � °'� xo�s I leqd dpuipNa�s and Bounda�' Survsy wan fumiehs0 by ownar. ea I I LEGEND L_� so � �r-- ��J -� ��t.a,� 4` I wuoas � , L�,J� I �� I =�J �_> �� I �� 3� � �� i ----0s�--� O057MC Si0W1 SEINER —�;r--� E)057MG SAMTARY SEMIER —}—� E7C51RlG WA7FR LWE --o�� E70S1M6 OVF�iFJ1D F1E'C7RIC w - aasm+c ur�xaeeurm c�s u� —•—_ oonmc t�c� ur� � - c�ta� BASn � - ¢�cnac eox ._�� _ �n aro socn«, gd- c�te va.v¢ �- � � o � PodR–�OF–WAY MONUMENT � � �GNT PIXE � _ wan,o� on�x nuw suaru�r�sraeu � - umm raE O- sn►aruer at sra+u wva�aF 8 - �a� �c �_ �,� BENCHMARK Top Nut HydraM at Me Southwest Ouadra�t of S71h Plau B 3rd Strast N.E Ow.�B4h89 (NAVD 2D) . • NOTE fLL B�SfII7G HIIIIaIIiG3 ARE IIP T� PROCY3S OF Hffi:G BEItDYED. ' BLUE PRINT HOMES MAGDIC ADDITION 1512 125TEi AVFNUE NE BLAWE,MINh1ESUTA 554M19-4749 � � . ERIDLEY.MB4NESOTA � . 3 oF 5 � _ a - NOTES t. REPAIR EXIS11N6 LYJRB AS REQUIRED. 2 REMOVE EXISIING BITUMINOUS PAVEMENT IN PRO�CT AREA AND SURFACE WI'fH NEW 811UMINOUS PAVEMENT. �emn�u wr wmx � Fr�.' w�` ca��r ITl�TIVERSITY AVENUE N.E. T.H. 65 — — — -----_��,' ,- � -�. � � �----_ � �- /--�-r-� ----�--- - -�--_ �_ i �� ' � � � I I I! � �^'� �� I° f i I 'f / � � � _� � �° S��f � � f i � _ _ _ � � . � \ ,� i � � � � �i �,; � �( I I I ; � �-� � �- �! � , � � ; � - -,-- �2 � i I I I R E M O V E Q O S T I N G C B� I�I g� I I � I 3I / � � � m� u �� --. , � INSTALL N i C�?CH BASIN ,� � i I I I AT NEW CURB dc CONNECT� �� I �� AND IN � N�EWn�RVICES FOR I I I T� EXlSTING RCP \ I� i I � _ \ '±' :. I I 25 fT. FR T SETH REMOVE EXISTING CB i � I � / _ ___�_ - � _ � - i � � � �,�, ; `�; ..— _ . ,�, � - �s�� ., • � — � �i\ i a� � � �_----< < ��!�,� <�— —<—a=� -- -----i--- —i— .� wM r_�_ _ \P � ^ I 3 � ' I � NEW CONCRETE CURB k�T(,Y1TiER F di � �__ � WAMTER AI�N � � _.d II 6�GAElE VALV�STING TEE W17H d� I PROVIDE N I WATE � ' I SERVICES TO SNOW � � � � I � a S . � � ¢ � I � 00 l/y PI�NEER�� uvn,e.cx.ms u.unwtinas uasuavevaas u�osuetuiam¢e 3422Emnp'isepi.e � . � 1D185WAr�eN.W. qr�� dyRµy M�m�,x��Bn�..nwssim CoonRapids0ffice c��am.smsss» (65�Mat-�9tar�.ss�-9s� � . �C+6717e3-teeoFUCC7a��eu waawr�dPmi �rm�i..,�uew "a` �� Ae�. N4 �� Oue IMpS ----- �- -- ��-- -- - - .,--._`----,—�-- ��_^ -- � -_�._.i . �,, _ ._._. — — — --� � — - -_ - - - - ,-, -- �� :�.�--- �" — — — — �.�\�� . -r - i ; ,i� ; - � . -� . -�-,--� � LOT DATA � � � GRAPffiC 3CALE IIt FEET � �. : B�LO�K 1� , �� i i� � �' �'�� T ��` I i i � I 9 � � ' I ,� ^ � . I 4 I-� ` I ,�� I � ' � n� '�NITARY SERVICE LINES �, 5t I ` �� a —�-- _ � _ �` :ACH LOT (TYP.) � � � I ;K V E'�. -�'; I I 1 �� — — —�. I REMOVE ALL EXIS7ING WAlIIt dc SANITARY SERVICE UNES r � � I ��( � ` ,. xs i 3 I AND INSTALL NEW SERVICES FOR EACH LOT (TYP.) , � -� I_�_ I � � '�1=°� a i-, � �-� T g � � I�I �,, a �� I � � v,; � .. =-•,.. . � I � � � — <-- --�. - ; 8, s' aP c�. 2� � `�� p►� -�._ ,o�c°� � .. � �\� �YJ � , , I INTO EXIS'�NG MH I T NEW 8' PVC PE AT INV. 836.9 CONSTRUCT NEW 48' DIA. MANHOLE�- IE 837 3 I ' — �,,, � W ;� \� I — — — � � i� I� z� .\ `�: � � � -� ' N � ! � ; � � �� I �—�—i il I al � �� I � I �— � �. , '�� — � .,� ; : � �\ � F� � � a� �I � `� � aa � �� , � I .,¢�� '� , �' I � e��A� � �� -�\ � � ' �-�------ � ,�� I \ s2 \ �_\ ' j � I — � � — / — — �� I �i I �—� �a � � � �$� � j ( CONNECT TO EXISTING WATERMAIN I � J i � I � I �: �nn� s' WET TAP dc GATE VALVE \ _ \ �� j � �� — — — — � �- � ----a ->� � _ � � 1 � � I ��_ I � I I � _ � � I I ewnu+c PRELIMINARY I BLUE PRINT HOMES I MpGDIC ADDITION SITE & LJTII..ITY PLAN t512 72S[H AVENUE NE HLAINE, MINNESOTA 35449-4�49 FRiDLEY. MINNESOTA � 5 � I s� A� � �o LN � ��g - NOTES i. REPAfR IXISTiNG Cl1RB AS REQUIRm. 2. REMOVE EXISTING 817UMINOUS PAVEMENT IN PROJECT AREA AMD SURFACE WI'tH NEIN BINMINOUS PAVEMEWT. �mm/ur. iar weon� �s°F'�c°o�"u�r iJ1VIVERSITY AVENUE N.E. T.H. 65 �i � — — —_ — — __. — __ _.._. — = _ _� `- �� '� —� � �- � ^ .� �:3 _ / LOT DATA ss ao eo GRAPffiC SCALE IN FEET — � � _ _ �� / �'= • � --' — = �-y-�_:."` --_--,. ��__ \ �_��• • — � REMOVE EXISTIN6 CB — . � / � . — r 1 el / % ,� '� •�. � ` _ / _�,e-` - ;G, - - �P � ___-onr-- -u-�' - ,- 9ED —'4 _ _1 _'"_c� . ' __ �=��-__-- � - . I I � ��. � -�Tt-="_ ,.�. �-h•-- \ �' � � �I,:. � ' � , � � _ � � � -�� _— '� +s�ol I B�O C K � � - � , ��`� ` � � \ � �� • p� � � INSTAt1 NEW FRAME AND C�iA7E � 1- \ � � :.� � � \ �� ..�°. � �1 bUSTINC,MANHOLE � i z I I � � -' /�� _ 1- �' '� , ..� , ��.J � .:�p\ �� ,� � � � � � � � � :, x°..� I -- --- \' - � � � �� ,z �;� ; I I � I I I I � / I �— I I f � � I, a I £�� i � ' � \ � r— 1 / a � I i I ,� 6 TOQUENROE R�E.SIDENf�'.E AY � � � � I I_ � � �„� I� � I �� , �-� � �--� i I � �I � �,� I � 1 � �� I ��i ,��''�_i � ��,� � ��.A �� s � � ( �� i�� x � � I � ► -- i- -�- - - � � - � � � �m� .�'� � H � � � �---� , r1 �__, I I��__� I � I� `� I I I f�� - �: ; I I I i � i i i — - - _ � , � �. , � � x a�: � I 1 \ � I "` �25 FT. FRONT A U E � i � I - �i � I � — � — � 1 � J � � ' �. � C ) / / RELOCATE EXISTiNG � �� i i ��'�"' � I I I — J � � I � � / I I I UliLJTY S1RUC7URES � �� , —��\ - / , _, � � \ I � � � _ � � �� J �� I I I I � � ��✓i � �, r-� �1� �� {- -� I - f------�" - --- i --- �'��'.-`.�'- � . — I t u .. - — - / � �(' � � ! ^ �t-:. I i i \ i i i ; 1 S_ i i '� . (.i i �/ ' i � � � � � � , t i i i J � � � s DROP CURB OPENlNG FOR 3RD STREET N.E. ----L> �----� �--- > --J- �� , � �,� ��.,�_P � � � � i �� t � > - -' ey -i -- - �-=�� : - -- � �- —> -� - I-> - > -, -> - - -> - � �- r-> - - - i-> -0�- - -> - NEYV DR�VEWAY �_-�_ - � I I I-----I I--- 1-- --I-- --I ----I- ._-.----I- -+--1-- - Z �" j' � F.,.,�, 7=--�- -1 ��- --r�- ---� - -- ---�- �---L�*.�- ' �----- �--�..m. ,..._,.,.__ ' i :^ . --- NEW CONCREIE CURB dc GUTTER �w...._sr=�.-._.•-- � O�i� ---->> e�3 � � '_ � — � — — I — — I— — � T — — — — r�-�\ � — — �j — — REM� ALL EXI � WATER de S I ITARY SERVICE L1NE5 � � � � �� I I` r r I I I I I AND !�STALL NEW i VICES FOR i CH LOT (TYPi) I I � I \\� I I � PI�NEER�� at'L.E�'Gl'QAS. IA�DM\:96 IADA'MYORS L..IMSfMAPOYlmS 2a22FinayhmDri.e 10163WA•meM.W. ��v�� P� n+�,ux��n�+.nassim CoonRapidsOffice c�a.aa.,savsun '°r '°"°" 16511b84191� Fa.'681A388 p671R3-IBW Fat78Yt8B3 madWYl7omfdPwfmio am�mewaorm�&mw N�e �-� � RCnifao om �mpf PREI.IMINARY SITE & VT'II.1TY PLAN BLUE PRINT HOMES 1512125CH AVINUE N.E BLAINE, MAINESOTA 55149-4749 MAGDIC ADDITION FRiDLEY.11ffi�IMFSO'CA aiwmc 5 OF 5 GATEWAY WEST PLAT LEGAL DESCRIPTIONS CJ LOTS 16 -26, BLOCK 12, HYDE PARK ADDITION, ANOKA COUNTY. 2. EAST '/2 OF LOT 7, AND ALL OF LOTS 8-12, AND THE WEST 25 FEET OF LOT 13, BLOCK 2, CITY VIEW ADDITION. 3. LOTS 6-10, BLOCK 28, HYDE PARK. 4. LOTS 16, BLOCK 21, HYDE PARK ADDITION. � � GATEWAY WEST VACATTION LEGAL DESCRIPTIONS � PROPOSED VACATION OF 3� STREET (JACKSON STREET) THAT PART OF 3� STREET NE (JACKSON STREET), AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COLJNTY, MINNESOTA WHICH LIES 30.00 FEET EASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CENTERLINE INTERSECTION OF 3� STREET NE. AND 58TH AVENUE NE.; THENCE SOUTHERLY ALONG THE CENTERLINE OF 3� STREET NE., A DISTANCE OF 165.34 FEET, THENCE ON A TANGENTIAL CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 55 DEGREES 30 MINUTES 00 SECONDS AND RADNS IS 130.00 FEET A DISTANCE OF 125.93 FEET: THENCE ON A TANGENTIAL CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 55 DEGREES 12 MINUTES 15 SECONDS AND RADIUS IS 191.27 FEET, A DISTANCE OF 184.28 FEET; THENCE TANGENT TO LAST DESCRIBED CURVE TO THE CENTERLINE OF 57� PLACE, AS SHOWN ON THE PLAT OF CITY VIEW, ANOKA COUNTY, MINNESOTA, AND SAID CENTERLINE THERE TERMINATING, AND LYING NORTHERLY OF THE WESTERLY EXTENSION OF THE SOUTH L1NE OF LOT 6, BLOCK 28, HYDE PARK, TO ITS INTERSECTION WITH ABOVE DESCRIBED CENTERLINE. PROPOSED ALLEY VACATION BLOCK 21, IiYDE PARK: THAT PART OF THE ALLEY AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA WHICH LIES WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 47, PER AMENDED WIDTH ORDER NO. 62597, AND LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 16, BLOCK 21, HYDE PARK AND LYING NORTHERLY OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 16, BLOCK 21, HYDE PARK. PROPOSED VACATION OF 58TH AVENUE NE: THAT PARK OF 58TH AVENUE NE (COMMERCIAL AVENUE) AS SHOWN ON ' THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA WHIC�i LIES WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 47, PER AMENDED WIDTH ORDER NO. 62597, AND LYING EASTERLY OF A LINE DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF LOT 16, BLOCK 21, HYDE PARK THENCE RLJNNING SOUTHERLY TO THE NORTHWEST CORNER OF LOT 10, BLOCK 28, HYDE PARK. � • � GATEWAY WEST VACATION LEGAL DESCRIPTIONS PROPOSED VACATION OF 59TH AVENUE NE: THAT PART OF 59TH AVENUE NE (BROADWAY AVENUE) AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 47, PER AMENDED WIDTH ORDER NO. 62597 AND LYING EASTERLY OF A LINE DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF LOOT 30, BLOCK 21, HYDE PARK, ANOKA COUNTY, MINNESOTA THENCE RUNNING NORTHERLY TO THE SOUTHWEST CORNER OF LOT 16, BLOCK 12, HYDE PARK, ANOKA COUNTY, MINNESOTA PROPOSED ALLEY VACATION IN BLOCK 12, HYDE PARK: THAT PART OF THE ALLEY AS SHOWN ON THE PLAT OF HYDE PARK, ANOKA COUNTY, MINNESOTA, WHICH LIES WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO: 47, PER AMENDED WIDTH ORDER NO. 62597, AND LYING SOUTHERLY OF THE EASTERLY . EXTENSION OF THE NORTH LINE OF LOT 26, BLOCK 12, HYDE PARK, AND LYING NORTHERLY OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 16, BLOCK 12, HYDE PARK. � CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT 'I SUBDIVISION APPLICATION FOR: ' Plat Lot Split . PROPERTY INFORMATION: (certificate of survey required for subrr�ittal, see attached) Address: .�� 7O0 �- ,��'�DO� Property Identification Number:_ Legal Description: Lot S�= r� ��(` ��•. 0•�5 i n Block TractlAddition L4 Current Zoning: . �lu�e� �?�� Square footage/acreage: Reason for Subdivision -Tv r�@ �s�S� o n.-� r�� ' �v��v � G, s� IQ�F C- Have you operated a business in a city which requ Yes No If Yes, which C' ? If Yes, what type of business? Was that license ever denied or revoke . Y_ business license? No r�/�V r�rPIIVNI�r�VAr1�11�/r�IPr/V/V ArI�r1V /V /V w�rr/Ywrw�iV 1V AIAIwOrV 1VI�I/VAIw�r1//�rIV w��V A/w�iV Ar/�rw/I�/IrIV /`r/�I/AIIYi�V/V/V /�//Vwrw�I�ll�rw�/�//VMAII�w/\r1V�Vwi�V/V FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing.) NAME: �-� c�•f .j-,�, � (.� �l-{� ADDRESS: � �l . ta. �T - DAYTIME PHONE: 7�3-��- SIGNATURE/DATE: i�.,�...�..��..��..,��..�..,��.,��.,��..��..,��.,,..._��..,��.,...,��...,��...�,..�� NAME: �� /fr�i'!�'s ,�7yv ADDRESS:1.�'fz /'��'�`� A�E /�� 1�; ��.a.�� , /l�� DAYTIME PHONE:��-�i C�i� SIGNATU E/DATE: _ � /VIVIV/�I/V Ir/V /�/iV /v/�/A/IV /V /�/ItiIV/V /�//V M�rIVIV �/�YIV1V/Vwilrlr�vNiV /V /r//�r1V/V /VNN/�I�Y1Y/r/V /V1VIYl�11V A//VIV/V I�/I�/1V /V/V A/�V /YI�IIVw�I/V MI�/IV/V�V I�I/r FEES Plat: $1,500.00 for 20 Lots, $15.00 for each additionallot Total Fee: Lot Split: $1,250.00 Receipt #: Received By: Apptication Number: S Cy5`— D Scheduled Planning Commission Date: �%`�- b� Scheduled City Council Date: //- a��.� + 10 Day Application Complete Notification Date: 1 Q°lG ° L'.� 60 Day Date: //��,� - I� S CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 3) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Vacation of Street, Alley or Easement PROPERTY INFORMATION: (certificate of survey required for submittal, see attached) Address: ,57Gf� �t- S" ��r� [ v� /� .� � �a - Property Identification Number: Legal Description: Lot Block Tract/Addition - � S.e,e� �s �' �`/�t �.N- � a Current Zoning: = Q-U- Square footage/acreage: Legal Description of Street, Alley or Easement to be Vacated: Reason for Vacation: C�� l��- l`��'�►`2-�r'�� ave you operated a business in a city whi re Yes No If Yes, which Ci If Yes, what type of business? Was that license ever denied or revoke es siness license? No ..�...��...�_�..��_�..,�...�.,,.,..��.,.,�..,..,�..��..��..,��..,��......,..�,..,��.,,��.,,��..�,,.....,..,,��.,.�� FEE OWNER INFORMATION (as it appears on the property titie) (Contract purchasers: F e owners must sign this form prior to processing.) NAME: �r ��- �'�� ADDRESS: �-�-� 1� DAYTIME PHONE: 7b�-5�Z-355 I SIGNATURE/DATE: IVI�/IV/V IV /�//VIA/IYIV N,►//�11�/IYIVIVIY/�V /AIIV �V IA/AIIriV/�/N/�/IV�V M/�/�VI�IIVI�/AVIVMAIIV /�/IY1V I`IIVIV^/IV/V/V/�/IV /�/IV/r/�IIVM1V/V IVIY1VIrIV/HI�/1VNIV�VIV�V /Y PETITIONER INFO NAME: ADDRESS: 1 /Z DAYTIME PHONE: - caFLZ SIGNATURE/DA' /�V �V IrrIV�/Iwti/�iv/V /rr/V�v/�I/�rl�r�ti/V�//V/V w�/V�Y/1YIV /�//V /�/IV /V A/I�I/V /rrlYwrlV /�/IVMIVMIrIVAr/V/�IMNI�IMM/�I/�/I�//VIY/YIVM/rIVA/IV /�/IV/V�YIV /r/NIV/�IIV FEES Fee: $1,250.00 �Application Number: .Sr�i.�,�! Receipt #: Received By: Scheduled Planning Commission Date: O l=�,� D� Scheduled City Council Date: �/ � I a�' 10 Day Application Complete Notification Date: �D lo--�' 60 Day Date: - -- � CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: Ali property owners/residents within 350 feet of property generally located at 5700 and 5900 Block of 3�d Street CASE NUMBER: Preliminary Plat, PS #05-08 APPUCANT: Blue Print Homes, Inc. Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To replat portions of Block 2, City View Addition and Blocks 12 and 28, Hyde Park Addition, to create 16 new single family lots for the Gateway West Redevelopment project. LOCATION OF 5700 and 5900 Block of 3� Street PROPERTY AND ` LEGAL • Lots 16-26, Block 12, Hyde Park Addition, Anoka DESCRIPT/ON: County. • East one-half of Lot 7, all of Lots 8-12, and the West 25 feet of Lot 13, Block 2, City View Addition. • Lots 6-10, Block 28, Hyde Park. � • Lot 16, Block 21, Hyde Park Addition. DATE AND T/ME OF Planning Commission Meeting: HEAR/NG: Wednesday, Novembe�r 2, 2005, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PART/C►PATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 27, 2005. The TDD # is 763-572-3534. ANY QUEST/ONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: October 20, 2005 i • � � CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: CASE NUMBER: APPLICANT: PURPOSE: LOCATION OF PROPERTY AND LEGAL DESCR/PTION: DATE AND TIME OF HEARING: � PLACE OF HEARING: All property owners/residents within 350 feet of property generaliy located at 57�' Place, 58�' and 59�' Avenue NE. Vacation, SAV #05-01 Blue Print Homes, Inc. Petitioner or representative must attend the Plannin Commission meetin To vacate portions of 57 Place NE, 58 Avenue NE, and 59 Avenue NE, lying easterly of 3�d Street NE and terminating at the University Avenue NE right-of-way, to accommodate the replat for the Gateway West Redevelopment project. Place, 58 and 59�' Avenue NE The legal descriptions are on file and available at Fridley Municipal Center. Planning Commission Meeting: Wednesday, November 2, 2005, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. Fridley Municipal Center, City Council Chambers 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTIC/PATE: 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 27, 2005. The TDD # is 763-572-3534. ANY QUEST/ONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: October 20, 2005 � �J �---� �� COMMUNITY DEVELOPMENT DEPARTMENT , i:-��_�:s �� PUBLIC HEARING NOTICE � ---- ' ' ; ' � i � -'----' 5947 � . 136 "I � 5935 i� 5942 i �- � I 5940 ; !N -- ; N � 5945 i ;, -- ; C�? ;z ! 5929 r J� � j - --- i/-� �32 ' i 5924 � I � - '� � 5923 ' ; N: I F---, � 324 �� --- -- — i; 5916 j� j 5920 `� ---;-� � -----� � � �; �--� 316 � i 5917 �i ; --� � �----� � 5908 � ; ; ! 5909 i i--------II ! -- -----� 910 ! ' -- ,; 5900 I � 5901 �; 5900 i `; � 5901 � ;i -- -_ - -- J � � - `__ _, _59TH AVE _ _ -- '; I�-5881 ' r 5852 ^ ` 5851 i; 5860 � , -----a ----�, i---� —� 5849 J � � I 5875 � � 5850 j ; 5�7 , i 5854 ` �- i- ---! �----; � 5845 � 5846J. � ; . . . ��; j � 5846 I �— '� • 5�-----� �866 � I � ', t I ' 5841 � , , � �----� 848J ' �' � _ 5834 �5833 5832 ': ----; , �-- ---- �-� ', I I ' i ----j ' 5835 'i � 5828 ; ; 5825 !, � 5826 ' ' `--- � �---^� 5 21 5824 ? 830 ,I ; 5825 i'� 5820 I; i 5� 817 !`--5824 ; --- -� '- 5815 !� 1 ' 5 18 3 I Ji 816 ; '-- ; I 5810 �----- 5810 i --_ -� � i't ----j � 5807 � ��---J 800 � i 5801 I I 5800 ! �--� { 5800 j --�J L- >; L_.._ I �� 5801 � I J - 5s-rH avE __ � 7y� ' I ; � 5780 ' ; 5791 ' �%g0 --� i N N i � �-----�2%8 29� ; `---�----� � � � 5783 �----- � � 5761 � ° I �-- _--_ � �,�0 �r' '-- -----?-----j , 5775 � � i i ; ; � I, vi� i � 1 f'� �" � 1� e- � � --- M �� I� I I i � i � I N � N � N i N f i ��O 57TH PL �� C ( i i 5859 :� z i � � ; 5849 ; � m i 8 9 � � � --� cn C I. 5831 � � i r-----j -'� ; 5821 � � <�'� 5807 ; �- ---1 m � 5805 j 5974 '� ; 5973 f i �yvo � 5965 � � _'5960 � � - — 5957 ' i `; 5950 _ ' � --� = 5949 , �n ; 5946 i ' ; � (n —_._-� I �- ; ---� 5941 : 5942 � � �_—J �---� r— - : � � 5933 5905 � 5932 - 926 ---�—_-- ; 5916 �---- rn ; 5908 � '.------ � '� I 5872 I II � ! �� ; � � 5860 ; �- i `--� ! i i 5850 I � ��--:i ' S840 ( "' ''-----► � i� ! � , I 5832 I � ,� ��zs� =� � 5820 ' ` '={ ! �� 5812 � �--�-a I j�seos `� j ; (_-__I ; .�3 ! '; ! 5800 � �, � � I ' �-- ---, � �r;^ A � �!s�a v� � v� v� 5)46 � �� I 5742� � : �„ B . 5740 ' 5925 � � 5917 � �;-- � ` 5909 ; ( 5�. i F .. r 5871 � i � 5861 ; `�--- �; ! 5851 i-- ; � 5841 i � 5831 � 5821 : � --�-- j 5811 ; I---- -- ' j 5801 � _ �- � I M I � ; ; i i i � i � �, r----, � � souRCES N Fridley Engineering preliminary Plat, PS #05-04 and Vacation SAV #05-01 Fridley GIS �7`1 j'i, �,oka coU�ry ��s Petitioner: Blue Print Homes S Map Date: October 21 st, 2005 URRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 34 ST NE 5932 4TH ST NE 5980 4TH ST NE RI� MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 URRENT RESIDENT 978 4TH ST NE RIDLEY, MN 55432 :URRENT RESIDENT 960 4TH ST NE RIDLEY, MN 55432 ;URRENT RESIDENT �905 UNIVERSITYAVE NE �RIDLEY, MN 55432 :URRENT RESIDENT i945 UNIVERSITY AVE NE =RIDLEY, MN 55432 � �URREN7 RESIDENT i010 3RD ST NE =RIDLEY, MN 55432 CURREN7 RESIDENT 5980 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5900 3RD ST NE FRIDLEY, MN 55432 CURREN7 RESIDENT 5947 2 1/2 ST NE FRIDLEY, MN 55432 � CURRENT RESIDENT 5923 3RD ST NE FRIDLEY, MN 55432 CURREN7 RESIDENT 5974 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5950 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 6005 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURREN7 RESIDENT 6007 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 6000 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5974 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5901 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5915 3RD ST NE FRIDLEY, MN 55432 CURREN7 RESIDENT 5925 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5968 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5946 4TH ST NE FRID�EY, MN 55432 CURREN7 RESIDENT 5925 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 6011 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 251 60TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5940 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5945 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5915 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5931 3RD ST NE FRIDLEY, MN 55432 :URRENT RESIDENT 955 3RD ST NE RIDLEY, MN 55432 ;URRENT RESIDENT �955 2 1/2 ST NE �RIDLEY, MN 55432 ;URRENT RESIDENT ?b1 57TH PL NE =RIDLEY, MN 55432 �URRENT RESIDENT i745 UNIVERSITY AVE NE =RIDLEY, MN 55432 CURRENT RESIDENT 262 57TH PL NE FRIDLEY, MN 55432 CURRENT RESIDENT 5805 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5849 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5840 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5824 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5801 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5973 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5920 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 271 57TH PL NE FRIDLEY, MN 55432 CURRENT RESIDENT 5745 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 289 57TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5807 3RD ST NE �RIDLEY, MN 55432 CURRENT RESIDENT 5860 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5826 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5810 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5807 2 1/2 ST NE FRIDIEY, MN 55432 CURRENT RESIDENT 5981 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5917 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 281 57TH PL NE FRIDLEY, MN 55432 CURRENT RESIDENT 255 57TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 255 57TH PL NE FRIDLEY, MN 55432 CURRENT RESIDENT 5839 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5846 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5824 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5800 3RD ST NE FRIDLEY, MN 55432 � � CURRENT RESIDENT � 5813 2 1/2 ST NE FRIDLEY, MN 55432 :URRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 81�2 ST NE 5821 2 1/2 ST NE 5833 2 1/2 ST NE RI , MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 ;URRENT RES{DENT �841 2 1/2 ST NE �RIDLEY, MN 55432 �URRENT RESIDENT i849 2 1/2 ST NE =RIDLEY, MN 55432 ;.URRENT RESIDENT 5770 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5745 UNIVERSITY AVE NE FR�LEY, MN 55432 • CURRENT RESIDENT 261 57TH PL NE FRIDLEY, MN 55432 CURRENT RESIDENT 5775 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 278 58TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5821 3RD ST NE FRIDLEY, MN 55432 � CURRENT RESIDENT 5840 4TH ST NE FRIDLEY, MN 55432 CURRENT REStDENT 5845 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5851 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5791 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5745 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5760 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5854 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 290 58TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5859 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5832 4TH S7 NE FRIDLEY, MN 55432 CURRENT RESIDENT 5847 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5770 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5745 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5832 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5783 2 1!2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 247 57TH PL NE FRIDLEY, MN 55432 CURRENT RESIDENT 5831 3RD ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5825 2 1/2 ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5831 UNIVERSITY AVE NE FRIDLEY, MN 55432 :URRENT RESIDENT �865 UNIVERSITY AVE NE �R!DLEY, MN 55432 :URRENT RESIDENT i820 4TH ST NE =RIDLEY, MN 55432 �URRENT RESIDENT i895 UNIVERSITY AVE NE =RIDLEY, MN 55432 CURRENT RESIDENT 5714 4TH ST NE FRID�EY, MN 55432 CURRENT RESIDENT 5720 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5734 4TH ST NE FRIDLEY, MN 55432 CURREIVT RESIDENT 5728 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5805 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5825 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5821 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5926 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5$12 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5701 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5716 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5722 4TH ST NE FRIDLEY, MN 55432 CURRENT REStDENT 5736 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5730 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5803 UNtVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5823 UNIVERSITY AVE NE fRIDLEY, MN 55432 CURRENT RESIDENT 5667 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5916 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5800 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5714 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5718 4TH ST NE FRIDLEY, MN 55432 CURRENT l2EStDENT 5724 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5738 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5732 4TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5801 UNIVERSITY AVE NE FRIDLEY, MN 55432 �� CURRENT RESIOENT 5821 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT • 5696 UNIVERSITY AVE NE FRIDLEY, MN 55432 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, November 2, 2005, at 7:30 p.m. for the purpose of: Consideration of a Vacation, SAV #05-01, by Blue Print Homes, Inc., to vacate portions of 57th Place NE, 58tn Avenue NE, and 59th Avenue NE, lying easterly of 3rd Street NE and terminating at the University Avenue NE right-of- way, to accommodate the replat for the Gateway West Redevelopment project, the legal descriptions are on file and available at Fridley Municipal Center. 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 Stacy Stromberg, Planner, at 763-572-3595. � _ � Hearing impaired persons planning to attend who need an interpreter . or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 27, 2005. The TDD number is 763-572-3534. Publish: October 20, 2005 DIANE SAVAGE CHAIR PLANNING COMMISSION � �� • 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, November 2, 2005, at 7:30 p.m. for the purpose of: Consideration of a Preliminary Plat, PS #05-08, by Blue Print Homes, Inc., to replat portions of Block 2, City View Addition and Blocks 12 and 28, Hyde Park Addition, to create 16 new single family lots for the Gateway West Redevelopment project, generally located at 5700 and 5900 block of 3rd Street NE, legal descriptions are listed below: • Lots 16-26, Block 12, Hyde Park Addition, Anoka County. East one-half of Lot 7, all of Lots 8-12, and the West 25 feet of Lot 13, Block 2, City View Addition. Lots 6-10, Block 28, Hyde Park. Lot 16, Block 21, Hyde Park Addition. 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 Stacy Stromberg, Planner, at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 27, 2005. The TDD number is 763-572-3534. Publish: October 20, 2005 DIANE SAVAGE CHAIR PLANNING COMMISSION . 6 ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 205.32 O-7 OF THE FRIDLEY CITY CODE • PERTAINING TO SHORELAND OVERLAY DISTRICT The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby created as follows: 205.32 O-7 SHORELAND OVERLAY DISTRICT 1. PiTRPOSE AND INTENT A. The uncontrolled use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. B. Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat, ch. 103G, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stat. ch. 462. C. Jurisdiction. The provisions of this Code shall apply to shorelands of the public water • bodies as classified in Section 205.32.3.B of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the goverrung body, be exempt from this Code. D. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this �ode and other appticable regulations. E. District application. The shoreland �overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 205 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland�� overlay district shall be in addition to those established by the base zoning district which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. F. Exemption. A structure or use which was lawful before adoption of this Chapter, but which is not in conformity with the provisions of the shoreland overlay district, may be continued subject to Section 205.04.3 of this Code. 2. DISTRICT BOUNDAR�S ` . � The boundaries of the shoreland permit overlay district within the city consists of the first tier of riparian lots abutting a protected lake or tributary identified in Section 205.32.3.B of this Code. The specific boundaries of the shoreland permit overlay district are shown on the Fridley Zoning Map. 3. DEFINITIONS For the purpose of this Chapter certain terms and words are hereby defined: Words used in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "struciure"; and the word "loY' shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to". For the purpose of this district the following definitions sha11 apply: A. Accessory Building. A subordinate building or use which is located on the same lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. B. Bluff. Those steep slopes lying between the ordinary high water maxk and the River Corridor boundary having an angle of ascent from the river of more than twelve percent (12%) � from the horizontal. C. Bluffline. A line delineating the top of the bluff connecting the points at which the angle of ascent becomes less than twelve percent (12%). More than one (1) bluffline may be encountered. D. Bluff Impact Zone The area between the Bluffline and forty (40) feet inland from the bluff. E. Commission. The City of Fridley Planning Commission. F. Commissioner. The Commissioner of the Department of Natural Resources of the State of Minnesota. G. Council. The Fridley City Council. H. Critical Area. The area known as the Mississippi River Corridor Critical Area designated by the Governor in the Executive Order No. 130. • I. Development. 0 � The making of any material change in the use or appearance of any structure or land • including reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a nver, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more parcels. J. Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow tan existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. K. Lot Coverage. The amount of impervious surface on a lot. L. Ordinary High Water LeveL Minnesota State Statute 103G.005, subdivision 14 defines ordinary high water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: (1) the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; • (2) for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and (3) for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. M. Shore Ixnpact Zone The area between the ordinary high water mark and fifly (50) feet inland from the ordinary high water mark. N. Structure. Anything constructed or erected which requires location on or underground or attachment to something having location on or underground. This includes an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. 4. SHOREL.AND CLASSIFICATION SYSTEM i • A. Public waters. The public waters of Fridley have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Tnventory Map for Anoka County, Minnesota. CJ • B. Official map. The shoreland permit district for the waterbodies listed below shall be shown on the Fridley Zoning Map. (1) Lakes Recreational Development Lakes Moore Lake Spring Lake General Development Lakes Locke Lake Harris Pond Natural Environment Lakes Protected Waters Inventory I.D. # 2-75P 2-71P Protected Waters Inventory I.D. # 2-77P 2-684W Protected Waters Inventory I.D. # Farr Lake 2-78P Public Water in Springbrook Park 2-688P (2) Rivers and streams Rivers Mississippi River Tributary Streams Norton Creek Oak Glen Creek Rice Creek Springbrook Creek Stoneybrook Creek 5. ADMINISTR.ATION From To Sec 3, T30N, R24W Sec 34, T30N, R24W A. Building permit required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Code that occur � within the shoreland district. Application for a building permit shall be filed with the zoning administrator or any staff persons designated by the city manager on an official application form of the city, accompanied by a fee as set forth in Chapter 11 of this Code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the zoning administrator can determine the site's suitability for the intended use. B. Variance. Variances may only be granted in accordance with Section 205.05.6 of this Code. A variance may not circumvent the general purposes and intent of this Code. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. C. Special Use Permit. Special Use Permits may only be granted in accordance with Section 205.05.5 of this Code. A specially permitted use may not circumvent the general purposes and intent of City Code. The following additional evaluation criteria and conditions apply within shoreland areas: (1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction. (2) The visibility of structures and other facilities as viewed from public waters is limited. (3) The types, uses, and numbers of watercraft that the project will generate aze compatible in relation to the suitability of public waters to safely accommodate these watercraft. D. Notifications to the Deparixnent of Natural Resources. (1) Public hearings. Copies of all notices of any public hearings to consider variances, amendments, or special uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. (2) Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or special uses under local shoreland management controls must be sent by the City to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. 6. LAND USE DISTRICT DESCRIPTIONS Allowed land uses witlun the shoreland district shall be determined by the underlying zoning district, as listed within Chapter 205 of City Code. 7. LOT AREA AND WIDTH STANDARDS Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 205 of City Code. 8. PLACEMENT, DESIGN, AND HEIGHT OF STRUCTURES A. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the groposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: 0 � • • • � (1) Required setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. (2) OYdinary high water level setback. Structure setbacks (in feet) from the ordinary high water level. Classes of Public Waters Stxucture Setbacks General Development 50 feet Natural Environment 50 feet Recreational Development 50 feet River 50 feet Tributary 50 feet (3) Required blufj`'setback. The following setback shall be applied, regardless of the classification of the water body: Classes of Land Structure Setback Top of Bluff 40 feet (4) Bluff impact zones. Structures and accessory facilities, except staiiways and landings, � must not be placed within bluff impact zones. (5) Height of structures. Maximum allowable height for all structures shall be regulated per underlying zoYUng dlstnct in Chapter 205 of City Code. B. Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (1) Vegetation alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruriing, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and penmitted water-oriented accessory structures or facilities provided that: ((i)). The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. ((ii)). Along rivers, existing shading of water surfaces is preserved. ((iii)). The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. (2) Building permit. Grading and filling and excavations necessary for the constntction • of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling pernut. i (3) Land alteration permit. Notwithstanding (2) above, a land alteration permit will be required for: • a. The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. (4) Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, special use permits, variances and subdivision approvals: a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a deterniination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): ((i)) Sediment and pollutant trapping and retention. ((ii)) Storage of surface runoff to prevent or reduce flood damage. ((iii)) Fish and wildlife habitat. ((iv)) Recreational use. ((v)) Shoreline or bank stabilizadon. ((vi)) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. • c. Mulches or similar materials must be used, where necessary, for temporary baze soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. f. Fill or excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must � create finished slopes of less than 3:1 slope. h. Fill or excavated material must not be placed in bluff impact zones. i. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. § 103G.245. j. Alterations of topography must only be allowed if they are accessory to permitted or special uses and do not adversely affect adjacent or nearby properties. k. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is pernutted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water level, and the height of the rip rap • � above the ordinary high water level does not exceed three feet. Must be done in accordance with other State and Federal regulations. Permit from DNR is required. (5) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving the proposed connection to public waters. C. Stormwater management. The following general and specific standards shall apply: (1) General standards. a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before ' discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoffusing natural features and vegetation, various types of constructed facilities such as diversions, • settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (2) Specific standards. a. Impervious surface lot coverage shall not exceed 35 percent of the lot area, except as a special use, which shall comply with the folldwing standards: ((i)) All structures, additions or expansions shall meet setback and other requirements of tkus Code. ((ii)) The lot shall be served with municipal sewer and water. ((iii)) The lot shall provide for the collection and treatment of stortnwater in compliance with Chapter 208 of City Code if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the city engineer and the underlying watershed district. ((iv)) Measures to be taken from the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not be limited to the following: (A) Appurtenances as sedimentation basins debris basins, desilting basins, or silt traps. (B) Installation of debris guards and microsilt basins on storm sewer inlets. (C) Use where practical, oil skimming devices or suxnp catch basins. (D) Direct drainage away from the lake and into pervious, grassed, yards . through site grading, use of gutters and down spouts. (E) Construction sidewalks and driveways of partially pervious raised � materials such as decking which has natural earth or other pervious matenal beneath or between the planking. (F) Use grading and construction techniques which encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. (G) Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. c. New constructed stormwater outfall to public waters must provide for filtering or settling of suspended solids and skimming or surface debris before discharge. (3) Nonconformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to section 205.32.4.C(3) of this Code for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standazds will also apply in shoreland areas: a. Deck additions may be allowed without a vaziance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (i). The structure existed on the date the structure setbacks were established. (ii). A thorough evaluation of the property and structure reveals no other � reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. (iii). The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections. (iv). The deck is framed construction, and is not roofed or screened. 9. PUBLIC NUISANCE: PENALTY A. Any person who violates any provisions of this district or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor punishable by a fine of not more than $500 or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day such violation continues shall be considered a separate offense. B. Every obstruction or use placed or maintained in the Preservation District in violation of this Chapter is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. C. Nothing herein contained shall prevent the City from taking such other lawful action as is ; necessary to prevent, remedy or remove any violation. . � � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. � � ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Heating: First Reading: Second Reading: Published: SCOTT J. LUND, MAYOR emoran um • . ... Planning Division DATE: October 25, 2005 TO: Planning Cammissioners FROM: Scott Hickock, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner SUBJECT: TA #OS-O5, Amending Chapters 205.09.S.D, 205.09.7.F, 205.13.S.D, 205.14.S.D, 205.17.S.D, 205.18.S.D, 205.19.6.D, 205.20.S.D, and 205.25.8.D, Curbing and Drainage Background In 2000, the City of Fridley received State grant funding to complete a wetland restoration project for the Springbrook Nature Center wetland complex. One of the commihrients made in • the grant application was that the City of Fridley would analyze its codes regardi.ng surface water runoff quality and quantity. The City further committed to drafting code amendxnents and sharing those proposed amendments with the three other coxnmunities involved in the Springbrook Watershed Project. The attached code changes also relate to a proposed shoreland overlay district, which the Planning Commission will also be reviewing on November 2, 2005. This text amendment pertains to curbing and drainage requirements on residential and commercial properties. The change applies to curbing design for parking requirements on these properties. This amendment would allow the City to exempt curbing where the City has approved storm water features like natural swales or rain gardens. Recommendation Staff recommends approval of TA #OS-O5, amending the curbing requirements in Chapters 205.09.S.D, 205.09.7.F, 205.13.S.D, 205.14.S.D, 205.17.S.D, 205.18.S.D, 205.19.6.D, 205.20.S.D, and 205.25.8.D thereby allowing storm water features like natural swales or rain gardens in place of curbing on residential and commercial properties, following a public hearing of the matter at the November 2, 2005 Planning Commission meeting. Due to the unusually large number of text amendments being processed currently, the City Council will not be reviewing this text amendment until its December 12, 2005 meeting. M-OS-120 • � e ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE • PERTAIlvING TO CURBING AND DRAINAGE REQUIREMENTS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Section 205.09.S.D.(3) of the Fridley City Code be hereby amended as follows: 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS (�tet'. ora. � �ss, 1194) 5. PARKING REQUIREMENTS D. Design Requirements (3) Curbing. The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. • (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. ((3)) Where the Citv has approved storm water features like natural swales or rain ax� dens• Section 2: That Section 205.09.7.F.(3) of the Fridley City Code be hereby amended as follows: 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS'�xef ora. .' 1155, 1194) • 7. PERFORMANCE STANDARDS F. Drainage and Grade Requirements (3, Gradin�� shall meet all other reauirements of Chapter 208. Stormwater Mana�ement and Erosion Control. Section 3: That Section 205.13.5.D.(3) of the Fridley City Code be hereby amended as follows: 205.13. C-1 LOCAL BUSINESS DISTRICT REGULATIONS (Ref 1182) 5. PARKING REQUIREMENTS D. Design Requirements. (3) Curbing: The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be • curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. �(3)1 Where the Cit�pproved storm water features like natural swales or rain arg dens• - Section 4: That Section 205.14.S.D.(3) of the Fridley City Code be hereby amended as follows: 205.14. C-2 GENERAL BUSINESS DISTRICT REGULATIONS (Ref 1182) � 5. PARHING REQUIREMENTS D. Design Requirements. (3) Curbing: � 0 The entire perimeter of all parldng areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. • ((3�) Where the City has approved storm water features like natural swales or rain arg_ dens• � Section 5: That Section 205.17.5.D.(3) of the Fridley City Code be hereby amended as follows: 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements (3) Curbing. The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. • � L� (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. �(311 Where the Citv has approved storm water features like natural swales or rain ax�dens• Section 6: That Section 205.18.5.D.(3) of the Fridley City Code be hereby amended as follows: ` 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements (3) Curbing. The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. �(3)) Where the City has approved storm water features like natural swales or rain azg dens• • Section 7: That Section 205.19.6.D.(3) of the Fridley City Code be hereby amended as follows: 205.19. M-3 HEAVY INDUSTRIAL, OUTDOOR 6. PARKING REQUIREMENTS D. Design Requirements (3) Curbing. The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface axeas that handle motor velucle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. (t3� Where the Cit�has approved storm water features like natural swales or rain arg dens• Section 8: That Section 205.20.5.D.(3) of the Fridley City Code be hereby amended as follows: 205.20. M-4 MANUFACTURING ONLY DISTRICT REGULATIONS (Ref. Ord. Na 1097, 1170, 1182) 5. PARKING REQUIREMENTS D. Design Requirements (3) Curbing. The entire perimeter of all parking areas in excess of four (4) stalls, acc�ss driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. � � . 0 0 � (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot�directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)} Where the City has approved future expansion. �3)) Where the Citv has apnroved storm water features like natural swales or rain arg_dens• Section 9: That Section 205.25.8.D.(3) of the Fridley City Code be hereby amended as follows: 205.25. S-3, HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT (Ref Ord 1170,1185) 8. PARKING REQUIREMENTS . D. Design Requirements (3) Curbing. The entixe perimeter of all parking areas in excess of four (4) stalls, a.ccess driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required azound safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. ((31) Where the Citv has approved storm water features like natural swales or rain • ar�— PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. i ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: � SCOTT J. LUND, MAYOR • • emoran um Planning Division DATE: October 27, 2005 TO: Fridley Planning Commission FROM: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner SUBJECT: TA #OS-06, Amending Chapter 205.04, Nonconforming Uses and Structures Background In 2004, the State Legislature changed the language in Statute regarding Nonconfornung Uses and Structures. Previously, owners of nonconforming properties could not replace them if they were destroyed by fire, flood, or other disasters. Fridley City Code contained compatible language regarding these situations. The State's legislative change makes it possible now for owners of nonconforming uses and structures to replace them, provided they do not expand the nonconformity, making Fridley's Zoning Code in conflict with State Statute. In our current sta.te of conflicting code requirements, the State Statute supersedes City Code, so there has not been an urgent need for Fridley to immediately change our code. � Now that staff is recommending adoption of a Shoreland Overlay District, however, which contains reference to legal nonconforming structures, it is important for the City to amend the Zoning Code to match the language in State Statute. The attached draft ordinance actually incorporates much of the State Statute language into the City Code. Recommendation Staff recommends approval of TA #OS-06, bringing Fridley's Zoning Code text related to nonconforming uses and structures into compliance with State Statutes, following a public hearing on the matter at the November 2, 2005 Planning Commission meeting. Due to the unusual large number of text amendments being processed currently, the City Council will not be reviewing this text amendment until its December 12, 2005 meeting. M-OS-123 i � ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205.04 OF THE FRIDLEY CITY CODE • PERTAINING TO GENERAL PROVISIONS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Section 205.04.1.0 of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION l. DECLARATION OF POLICY C. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this �e� Code. Section 2: That 5ection 205.04.3 of the Fridley City Code be hereby amended as follows: 205.04. GENERAI. PROVISION 3. NONCONFORMING USES AND STRUCTURES � �eq� . .� . .. _ IiT1�.��1i7!��9_l � � . �. - � � �� 1 � . �� A f' ,-.�.� l� 11 � 1�, .o.a f.� .,.�.,+l�o ,�.,,-f .,£�L.e ,,.,,.-..el ..�1.,,�.i , .. .,�,�.,..� b � '� r r �r � 1..' L. +1�, .1 � .a � �1.. �' F+L. .a �' ftl�'r (`L,.,«�e �Plat a ui� v r r � I� M �. ti.� �. '�� .a fi��n��n.��n.� ti.d r»r� .�.� `.1...4 � ir,ti.:..ti. Y „a f � +' + ,-t .a '�l.' . /�\ +1,� ..��l,e eFF ..+;Y.e a.�f .,F�L,;� !''L.....�e« .� � i � 14 4' L.' L. .1.� � 4 l: ..;,,.4e :�c.4L.e n.,r.i., � a T A 1� �' b. .7 + 1. ;l.i;,.... ,. f ' 1 ^ 1 - - 4� - e..;.ie«ti.,l , ..;�� J b a �° Y � Any noncomformitv includin� the lawful use or occupation of land or premises existin� at the time of the adoption of an additional control under this chapter, may be continued, including throu h repair replacement restoration maintenance or improvement, but not including expansion, unless: � A The nonconformitv or occupancv is discontinued for a period of more than one vear. � B Anv nonconforming�use is destro�d bv fire or other peril to the extent of �reater than 50 percent of its market value and no buildin� permit has been applied for within 184 davs of when the �ronertYis dama�ed In this case the Citv may impose reasonable conditions unon a buildin�permit in order to mitigate an�newlv created impact on adiacent propertv. �C. The provisions herein for the continuance of nonconforming uses shall not prevent or interfere with action that may be taken to abate any nuisance in any manner provided by law. �D. Any structure or any portion of a structure which is situated unlawfully within a public street or alley or other public way or thoroughfare, is hereby declared to be a nonconfornung use, whether or not its use is otherwise in confornuty with the regulations of the district in which said structure is located. An.y such structure shall be subject to any and all applicable regulations herein for nonconforming uses except in the event the City Council shall require removal of the structure or portion thereof for a public purpose in which case such requirement shall prevaiL �E. The provisions of this Chapter shall pertain to all lawful nonconfornung uses or structures as applicable and specifically to the performance standards outlined in the established districts. Section 3: That Section 204.04.4.I.(4) of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 4. BUILDING SITE (Ref. 1010) I. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. The following standards shall be implemented: (4) A stormwater pollution control plan and time schedule sha11 be submitted in accordance with Chapter 208, Stormwater Management and Erosion ControL Section 4: That Section 205.04.7.D.(2) of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 7. ENVIRONMENTAL QUALITY D. Erosion (2) The City may review any development plan to ensure that erosion and sedimentation shall be effectively controlled in accordance with Chapter 208, Stormwater Manag,ement and Erosion ControL PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. ATTEST: DEBRA A. SKOGEN, CITY CLERK SCOTT J. LUND, MAYOR � . � •Public Hearing: First Reading: Second Reading: Publication: u u � � � emoran um Planning Division DATE: October 27, 2005 TO: Fridley Planning Commission FROM: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner SUBJECT: TA #OS-07, Making Hazardous Material Dumping or Feeding of Waterfowl a Public Nuisance Background In 2000, the City of Fridley received State grant funding to complete a wetland restoration project for the Springbrook Nature Center wetland complex. One of the commitments made in the grant application was that the City of Fridley would analyze its codes regarding surface water runoff quality and quantity. The City further committed to drafting code amendments and sharing those proposed amendments with the three other communities involved in the Springbrook Watershed Project. The attached code changes also relate to a proposed shoreland overlay district, which the Planning Commission will also be reviewing on • November 2, 2005. There are two additions proposed to the list of defined public nuisances in Chapter 110 of City Code. One addition proposed by staff is to make dumping of hazardous materials (used motor oil, paint, solvents, etc.) a code defined public nuisance. Such an action is a violation of State law, however, when such a violation is reported to the Minnesota. Pollution Control Agency, staff has found that the problem is often not big enough to warrant any State action. City staff would like to be able to address actions of this nature that threatens public waters and cite such actions under City Code. The second addition would make intentionally feeding waterfowl — either on your own property or in a public park - a City Code violation. There are many public health reasons why the congregating of waterfowl in one area should be deterred when feasible. However, staff s greatest concern over feeding waterfowl is that food commonly fed to the birds contaminates waterways and shorelines, thereby affecting water quality. Commission Review The Fridley Parks and Recreation Commission began discussing a need to prohibit waterfowl feeding in City parks back in 1987. A request for an ordinance amendment passed on to the City Council from the Planning Commission on a 2-2 vote. The City Council did not pass the ordinance. Since the attached proposed code changes are environmental issues, staff had the Fridley Environmental Quality and Energy Commission review the attached language in 2004. The Commission unanimously supported the additional language regarding hazardous materials dumping. However, there was general agreement that public education would be a better approach to limit waterfowl feeding. Recommendation Staff recommends approval of TA #OS-07, making it a crime to dump hazardous materials in a waterway or storm drain or to intentionally feed waterfowl, following a public hearing on the matter at the ,► � ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 110 OF THE FRIDLEY CITY CODE PERTAINING TO WATER QUALITY The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: 110. PUBLIC NUISANCE 110.02. PUBLIC NUISANCE DEFINED Whoever, by an act or failure to perform a legal duty, intentionally does any of the following is guilty of maintauung a public nuisance, which is a misdemeanor: l. Maintains or permits a condition that unreasonably annoys, injures or endangers the safety, health, comfort, or repose of any considerable number of inembers of the public. 2. Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public. 3. Causes obstruction or excavation affecting the ordinary use by the public of streets, � alleys, sidewalks, or public grounds except under such conditions as are permitted by this Code or other applicable law. � 4. Causes any well hole or similar excavation to be left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located. 5. Accumulates in the open discarded or disused machinery, household appliances and fiarnishings, or other materials; or stores in the open machinery, equipment, cars, or materials not in normal use on the premises where stored, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health or safety hazards from such accumulations, or from the rank growth of vegetation among the items so_accumulated. 6 Deposits or causes placement of hazazdous material in a manner that causes those materials to drain into a storm sewer drain or waterwav as defined in section 105.02.7 of this code or any other unpaved �round surface within the CitY Hazardous material shall include, but not be limited to paints solvents oil automotive fluids or anv other liquid hazardous wastes. 7 Intentionallv feeds waterfowl on their own or some one else's propertv, includin� public parks and land. �8. Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. � ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: SCOTT J. LUND, MAYOR 1 +., � i � � emoran um Planning Division DATE: October 27, 2005 TO: Fridley Planning Commission FROM: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner SUBJECT: TA #OS-08, Repealing Chapter 105, Weeds, and Creating a New Chapter 105, Landscape Maintenance Background In 2000, the City of Fridley received State grant funding to complete a wetland restoration project for the Springbrook Nature Center wetland complex. One of the comxnitxnents made in the grant application was that the City of Fridley would analyze its codes regazding surface water runoff qua.lity and quantity. The City further committed to drafting code amendments and sharing those proposed amendments with the three other communities involved in the Springbrook Watershed Project. The attached code changes also relate to a proposed shoreland overlay district, which the Planning Commission will also be reviewing on • November 2, 2005. The current Chapter 105 in Fridley City Code was drafted to ensure minimum requirements for landscape maintenance in the City. Over the years, staff has found the code to be deficient in that it does not address the proper handling of leaves. Scientific studies have shown that grass clippings, leaves, and lawn fertilizers getting into the storm water system adversely affect water quality. Chemically treating our waterways to correct phosphorus overload is very costly. Up front prevention is much more effective and saves public tax dollars. Recently, the State began encouraging native landscaping design and installation. Staff has been able to manage maintenance issues related to native landscaping through the existing weed ordinance. However, changes to the code would encourage more native landscaping, which is beneficial to water quality and can help reduce the volume of storm water runoff. The code language proposed would also enable staff to more effectively ma.nage this type of landscaping. Additionally, new language in the proposed Chapter 105 prohibits directing newly installed gutter downspouts onto a paved surface. The purpose of this change, of course, is to prevent storm water from going directly into the storm sewer system. Instead, storm water runoff from buildings should be directed to a landscaped area, where it can infiltrate into the ground. A clause has been added in the same paragraph permitting rain barrels in the side and rear yard. Under strict interpretation of the zoning code, rain barrels would be considered unlawful outside storage. Again, to encourage better management of storm water runoff, the City should encourage the use of rain barrels � to capture rain water for irrigation. Commission Review On October 21, 2003, the Fridley Environmenta.l Quality and Energy Commission reviewed the atta.ched text amendment. The Commission unanimously passed a motion directing staff to make natural landscaping permissible and also endure that natural landscaping is an acceptable option for "vegetative cover, " protecting water quality and preventing soil erosion as committed in Fridley's NPDES permit application. One of the commissioners pointed out that natural landscaping not only benefits water quality but also benefits air quality (mowing grass generates a great deal of air pollution). Recommendation Staff recommends approval of TA #OS-08, which repeals Chapter I05, Weeds, of Fridley City Code and adopts new language regarding landscape maintenance and creates better storm water quality and quantity controls in the City, following a public hearing on the matter at the November 2, 2005 Planning Commission meeting. Due to the unusuallarge number of text amendments being processed currently, the City Council will not be reviewing this text amendment until its December 12, 2005 meeting. M-05-122 n LJ L_ i � ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 105 OF THE FRIDLEY CITY CODE • PERTAINING TO LANDSCAPE MAINTENANCE The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Section 105 of the Fridley City Code be hereby repealed as follows: . (Ref . 397) � i � � � +i�t7i�Yfil� \�l�A�! ��I � � • l � � � J�_ � � � � _ � � _ � _ � � • � � _ � � � � � � �• � � � � � � � � � � � � � \ � �. \ � \ � -__•� � � � _ � � � � � _ � � � � _ � __..__._. . • - - - •. - - I� i LJ Section 2: That Section 105 of the Fridley City Code be hereby renamed Landscape Maintenance and amended as follows: 105. LANDSCAPE MAINTENANCE 105.01. PURPOSE The purpose of this section of Citv Code is to establish minimum standards for landscape maintenance and to protect surface water qualit�y allowix�� natural areas where thev can benefit water qualitv throughout the Citv. 105.02. DEFINITIONS 1. DesiQnated Natural Area An area of native plants that has never been disturbed or an area intentionall�nlanted with native�erennial ve et� ation greater than ten (10) inches in height that has an edged border separating it from areas of turf �rass• 2. Garden A cultivated area dedicated to the p�rowin� of vegetables, fruit, flowers, perennials, shrubs, and • similar plants that were specificall�planted in that location and common weeds are not the �edominant vegetation. 3. Landscape The area of a uarcel of land that is not covered with an impervious surface. 4. Lot A parcel of land adjacent to a street or road , includin tg he right-of-wav between the property and the curb. 5. Noxious Weeds Includes both prohibited noxious weeds and secondary noxious weeds as defined bv the State of Minnesota Department of Agriculture. (Note: this does not include dandelionsl 6. Ordinarv Hi�h Water Level Minnesota State Statute 103G.005, subdivision 14 defines ordinar�gh water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: �1) the ordinar��h water level is an elevation delineatin tg he highest waterlevel that • has been maintained for a sufficient �eriod of time to leave evidence upon the landscape, commonly the pomt where the natural ve�etation chan es from predominantly aquatic to predominantiv terrestrial; (2) for watercourses the ordinary hi�h water level is the elevation of the top of the bank of the channel; and • (3) for reservoirs and flovvages the ordinarv hi�h water level is the operating elevation of the normal summer pool• 7. Waterwav AnYbodv of water that receives storm water runoff including wetlands, lakes, nonds, streams, rivers and reservoirs. Shall not include temporarv water that flows into streets. 105.03. REQUIItED MAINTENANCE Landscape areas of all pronerties must be maintained bv the owner to be free of noxious weeds. Ground cover except for trees and shrubs in landscaped areas maynot exceed ten (10) inches in avera�e hei�ht except for �ardens and desi�nated natural areas Desi�nated natural areas which do not need to be edeed include• Drainag_e ponds ditches lakeshore areas uarks 3 to 1 or greater slopes streambanks vacant lots wetlands or wooded areas Landscaped areas must be keut free of litter. Ve�etation shall not be pernutted to be overgrown or encroach onto adiacent properties. Failure to complv is a nuisance. 105.04 INTERVENTION BY THE CITY If the provisions of Section 105 03 are not complied with the City Manager or his/her desi�nee shall �ive written notice to the owner of the pronertv in violation. If the uropertv owner fails to brin¢ the violatin� propertv into compliance with Section 105 03 w:ithin the time specified or if the owner of the provertv cannot be located desi�nated Citv staff shall have the landscape brou��ht into compliance and invoice the proper+y owner for the cost of such service and abatement administrative cost. If the urouerlv owner fails � to pav the invoiced cost within 30 davs the invoiced cost of these services and an additiona125% assessment fee will be certified to Anoka County and assessed to the propertv's ta7ces. 105.05. PROTECTION OF WATERWAYS 1. In addition to proper landscape maintenance all prouertv owners in the Citv of Fridlev must protect surface water qualit�through the followin�measures: A. No person is pennitted to deposit leaves aQr ss clippings or other plant waste within fiftv �501 feet of a waterwa� B. No person is permitted to deposit or store vard wastes of anv kind in a vublic ri�ht of wav. C. Extreme care must be taken to prevent landsca�e fertilizers vesticides and herbicides from falling on a Qaved surface Anv applied granulaz landscape fertilizer pesticide or herbicide must be swe�t from an�vaved surfaces immediatel�pon completion of apnlication as �ecified in State Statutes. Commercial lawn care product applicators must post public notification si�ns when lawn care products are a.pplied No person shall remove such si�ns for 48 hours. D. Newlv installed roofgutter downspouts must be directed onto a landscaped area and are not pernutted to drain onto a paved surface Rain barrels are permitted in side or rear yards onlv. ' E. No person shall mow grass or applv fertilizer or other landscape chemicals within twentv (20) � feet of the ordinary high water mark of anv waterwav without approval from the Citv. 1050.06. PENALTIES An�violation of this Chapter is a misdemeanor and is subiect to all nenalties provided for such violations under the provisions of Chapter 901 of this Code. Each dav that the violation exists or continues to exist shall be deemed a separate offense. PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200_. ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Publication: Scott J. Lund, Mayor � � � � � � City of Fridley TO: Planning Commission FROM: Jon 11. tlaukaas, Public Works Director DATE: October 26, 2005 PW05-057 SUBJECT: TA #05-10: Stormwater Management and Erosion Control Ordinance The attached proposed Chapter 208: Stormwater Management and Erosion Conh-ol is being submitted to replace our existing Chapter 208: Erosion Control. The proposed ordinance is based on a Modei Ordinance provided by the Minnesota Pollution Control Agency (MPC� with some modifications for our specific conditions here in Fridley. � The new ordinance more clearly defines the requirements for managing stormwater and erosion for developments and redevelopments. It also makes these requirements consistent with other communities and the hational Pollution Discharge Elimination System rules. • Recommend the Planning Commission approve TA #05-10 for the replacement of Chapter 208 of the City Code in its entirety. Jt1tl:cz Attachment ! � FRIDLEY CITY CODE � CHAPTER 208: STORMWATER MANAGEMENT AND EROSION CONTROL 208.01 PURPOSE AND INTENT The purpose of this ordinance is to control or eliminate storm water pollution along with soil erosion and sedimentation within the City of Fridley. It establishes standards and specifications for conservation practices and planning activities, which rninimize storm water pollution, soil erosion and sedimentation. 208.02 SCOPE ' Except where a variance is granted, any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision proposing a land disturbance activity within the City of Fridley shall apply to the city for the approval of the storm water pollution control plan. No land shall be disturbed until the plan is approved by the city and conforms to the standards set forth herein. 208.03 DEFINITIONS These definitions apply to this ordinance. Unless specifically defined below, the words or phrases used in this ordinance shall have the same meaning as they have in common usage. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singulaz number, and words in the singular number include the plural number. The words "shall" and "musY' are always mandatory and not merely directive. 1. A�plicant Any person or group that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. Applicant also means that person's agents, employees, and others acting under this person's or group's direction. The term "applicant" also refers to the permit holder or holders and the permit holder's agents, employees, and others acting under this person's or group's direction. � 2. Best Mana�ement Practices BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. • wq-strm2-06 Y . 3. Buffer A protective vegetated zone located adjacent to a natural resource, such as a water of the state, that is subject to direct or indirect human alteration. Such a buffer strip is an integral part of protecting an aquatic ecosystem through trapping sheet erosion, filtering pollutants, reducing channel erosion and providing adjacent habitat. The buffer strip begins at the "ordinary high water mark" for wetlands and the top of the bank of the channel for rivers and streams. This start point corresponds to the Minnesota. Deparhnent of Natural Resources' definition of a"shoreline" in Minnesota Rules 6115.0030. Therefore a stream with a width of 30 feet between banks and 50 foot buffer strips has a total protected width of 130 feet. Acceptable buffer vegetation includes preserving existing predevelopment vegetation andlor planting locally distributed native Minnesota trees, shrubs and grassy vegetation. Alteration of buffers is strictly limited. 4. Common Plan of Development or Sale A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur. 5. Developer Any person, group, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity. • 6. Development Any land disturbance activity that changes the site's runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration. 7. Dischar�e The release, conveyance, channeling, runoff, or drainage, of storm water, including snowmelt, from a construction site. 8. Energv Dissipation This refers to methods employed at pipe outlets to prevent erosion. Examples include, but axe not limited to; aprons, riprap, splash pads, and gabions that are designed to prevent erosion. 9. Erosion Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature. 10. Erosion Control Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. 11. Erosion and Sediment Practice Specifications or Practice The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the state, county, city or local watershed group, whichever is most stringent. . 12. Exposed Soil Areas All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include temporary stockpiles or surcharge areas of clean sand, gravel, concrete or bituminous. Once soil is exposed, it is considered "exposed soil," until it meets the definition of "final stabilization." 13. FiIter Strips A vegetated section of land designed to treat runoff as overland sheet flow. They may be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated cover facilitates pollutant removal and infiltration. 14. Final Stabilization Means that all soil disturbing activities at the site have been completed, and that a uniform (evenly distributed, e.g., without large bare areas) perennial vegetative cover with a density of seventy-five (75) percent of the cover for unpaved areas and axeas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass seed is not considered final stabiliza.tion. 15. Hvdric Soils Soils that aze saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. 16. H�phvtic Ve e� tation Macrophytic (lazge enough to be observed by the naked eye) plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a resuIt of excessive water content. • 17. Impervious Surface A constructed hard surface that either prevents or retards the entry of � water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. 18. Land Disturbance Activitv Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the City of Fridley, including construction, clearing & grubbing, grading, excavating, transporting and filling of land. Within the context of this rule, land disturbance activity does not mean: A.) Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs, and maintenance work. B.) Additions or modifications to existing single family structures that which result in creating under five thousand (5,000) square feet of exposed soil or impervious surface and/or is part of a larger common development plan. C.) Construction, installation, and maintenance of fences, signs, posts, poles, and electric, telephone, cable television, utility lines or individual service connections to these utilities, which result in creating under five thousand (5,000) square feet of exposed soil or impervious surface. D.) Tilling, planting, or hazvesting of agricultural, horticultural, or forest crops. � � • E.) Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the City of Fridley's requirements as soon as possible. F.) Street and utility reconstruction projects that result in a net increase in impervious area of less than 5%. 19. Native Ve e�tation The presettlement (Already existing in Minnesota at the time of statehood in 1858) group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. 20. Ordinary Hi�h Water Mazk Minnesota Statute 103G.005, subdivision 14 defines. "Ordinary high water level" as the boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: (1) the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to . predominantly terrestrial; . (2) for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and . (3) for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. The term "ordinary high water mark" is further defined in Minnesota Rule 6120.2500, subpart 11. Ordinary high water marks are determined by the Minnesota Department of Natural Resources' azea hydrologist. 21. Paved Surface A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots. 22. Permanent Cover Means "final stabilization." Examples include grass, gravel, asphalt, and concrete. See also the definition of "final stabilization." 23. Permit With in the context of this code a"permiY' is a written warrant or license granted for construction, subdivision approval, or to allow land disturbing activities 24. Phased Project or Development Clearing a parcel of land in distinct phases, with at least • fifty percent (50%) of the project's preceding phase meeting the definition of "final stabilization" and the remainder proceeding toward completion, before beginning the next phase of clearing. 25. Runoff Coefficient The fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls, that will appear at the conveyance as runoff. This coefFicient is usually estimated for an event or on an average annual basis. 26. Sediment The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the earth's surface either above or below water level. 27. Sedimenta.tion The process or action of depositing sediment. 28. Sediment Control The methods employed to prevent sediment from leaving the development site. Examples of sediment control practices are silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 29. Si�nificant Redevelopment Alterations of a property that changes the "footprint" of a site or building in such a way that results in the disturbance of over one (1) acre of land. This term is not intended to include activities, which would not be expected to cause adverse storm water � quality impacts and offer no new opportunity for storm water controls, such as exterior remodeling. 30. Soil The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this document, temporary stockpiles of clean sand, gravel, aggregate, concrete or bituminous materials are not considered "soil" stockpiles. 31. Stabilized The exposed ground surface after it has been covered by sod, erosion control blanket, riprap, pavement or other material that prevents erosion. Simply sowing grass seed is not considered stabilization. 32. Steep Slope Any slope steeper than fifteen (15) percent (Fifteen (15) feet of rise for every one hundred (100) feet horizontal run). 33. Storm Water Under Minnesota Rule 7077.0105, subpart 41b storm water, "means precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage." (According to the Code of Federal Regulations (CFR) under 40 CFR 122.26 [b][13], "Storm water means storm water runoff, snow melt runoff and surface and drainage."). Storm water does not include construction site dewatering. 34. Storm Water Pollution Control Plan A joint storm water and erosion and sediment control plan that is a document containing the requirements of Section 208.05, that when implemented • � will decrease soil erosion on a parcel of land and off-site nonpoint pollution. It involves both temporary and permanent controls. 35. Stormwater Pond or Basin A permanent man-made structure used for the temporary storage of runof£ Detention Pond is considered a permanent man-made structure containing a temporary pool of water. A Retention Pond or a Wet Retention Facility is considered a permanent man-made structure containing a permanent pool of water. 36. Structure Anything manufactured, constructed or erected which is normally atta.ched to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. 37. Subdivision Any tract of land divided into building lots for private, public, commercial, industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as, ". .. land that is divided for the purpose of sa1e, rent, or lease, including planned unit development." 38. Temporary Protection Short-term methods employed to prevent erosion. Examples of such protection are straw, mulch, erosion control blankets, wood chips, and erosion netting. 39. Vegetated or Grassv Swale A vegetated earthen channel that conveys storm water, while treating the storm water by biofiltration. Such swales remove pollutants by both filtration and • infiltration. 40. Ver�Steep Slope Any slope steeper than one foot of rise for each three feet of horizontal run (Thirty-three (33) percent slope 41. Waters of the State As defined in Minnesota Sta.tutes section 115.01, subdivision 22 the term ". .."'waters of the state' means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and a11 other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof." 44. Wetlands As defined in Minnesota Rules 7050.0130, subpart F, ". ..`wetlands' are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: A.) A predominance of hydric soils; B.) Inundated or saturated by surface water or groundwater at a frequency and duration . sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and C.) Under normal circumstances support a prevalence of such vegetation." 208.04 TECHNICAL GUIDES The following handbooks are adopted by reference: l. 2. 3. 4. 5. 6. 7. 8. "Protecting Water Quality in Urban Areas", Minnesota Pollution Control Agency "Storm-Water and Wetlands: Planning and Evalua.tion Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands", Minnesota Pollution Control Agency "Minnesota Urban Small Sites BMP Manual", Metropolitan Council www.metrocouncil.org/environmendenvironment.htm "Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices", United States Environmental Protection Agency "Erosion Control Design Manua1", Minnesota Department of Transportation "Field Office Technical Guide of the United States Department of Agriculture", Soil Conservation Service � "Soil Survey of Anoka County", developed by the United States Department of Agriculture, Soil Conservation Service Minnesota Construction Site Erosion and Sediment Control Planning Handbook 208.05 STORMWATER POLLUTION CONTROL PLAN Every applicant for a building permit, subdivision approval, or a permit to allow land disturbing activities must submit a storm water pollution control plan to the city engineer. No building permit, subdivision approval, or permit to allow land disturbing activities shall be issued until the city approves this plan. 1. Storm Water Runoff Rates. Release rates from storm water treatment basins shall not increase over the predevelopment twenty-four (24) hour two (2) year, ten (10) year and one hundred (1 QO) year peak storm discharge rates, based on the last ten (10) years of how that land was used. Accelerated channel erosion must not occur as a result of the proposed activity. For discharges to wetlands volume control is more important than discharge rate controL 2. The Storm Water Pollution Control Plan and the Grading Plan. The storm water pollution control plan's measures, the limit of disturbed surface and the location of buffer areas shall be marked on the approved grading plan, and identified with flags, stakes, signs etc. on the development site before work begins. 3. Inspections of the Storm Water Pollution Control Plan's Measures. At a minimum, such inspections shall be done weekly by the developer or the developer's designated representative, i � • � and within twenty-four (24) hours after every storm or snow melt event large enough to result in runoff from the site (approximately 0.25 inches or more in twenty-four (24) hours). At a minimum, these inspections shall be done during active construction. 4. Minimum Reauirements of the Storm Water Pollution Control Plan. The plan sha11 contain or consider: A.) The name and address of the applicant and the location of the activity. B.) Project description: the nature and purpose of the land disturbing activity and the amount of grading, utilities, and building construction involved. C.) Phasing of construction: time frames and schedules for the project's various aspects. D.) A map of the existing site conditions: existing topography, property information, steep and very steep slopes, existing drainage systems/patterns, type of soils, waterways, wetlands, vegetative cover, one hundred (100) yeaz flood plain boundaries, and locations of existing or future buffer strips. E.) A site construction plan that includes the location of the proposed land disturbing activities, stockpile locations, erosion and sediment control plan, construction schedule, and the plan for the maintenance and inspections of the storm water pollution control measures. • F.) Adjacent areas: neighboring streams, lakes, residential azeas, roads, etc., which might be affected by the land disturbing activity. G.) Designate the site's azeas that have the potential for serious erosion problems. H.) Erosion and sediment control measures: the methods that will be used to control erosion and sedimentation on the site, both during and after the construction process. I.) Permanent sta.bilization: how the site will be stabilized after construction is completed, including specifications, time frames or schedules. J.) Calculations: any that were made for the design of such items as sediment basins, wet detention basins, diversions, waterways, infiltration zones and other applicable practices. 5. General Storm Water Pollution Control Plan Criteria. The plan shall address the following: A.) Stabilizing all exposed soils and soil stockpiles and the related time frame or schedule. B.) Establishing permanent vegetation and the related time frame or schedule. � C.) Preventing sediment damage to adjacent properties and other designated areas such as streams, wetlands, lakes and unique vegetation (Oak groves, rare and endangered species habitats, etc.) D.) Scheduling for erosion and sediment control practices. E.) Where permanent and temporary sedimentation basins will be located. F.) Engineering the construction and stabilization of steep and very steep slopes. G.) Measures for controlling the quality and quantity of storm water leaving a site. H.) Stabilizing all waterways and outlets. I.) Protecting storm sewers from the entrance of sediment. J.) What precautions will be taken to contain sediment, when working in or crossing water bodies. K.) Restabilizing utility construction areas as soon as possible. L.) Protecting paved roads from sediment and mud brought in from access routes. M.) The eventual disposing of temporary erosion and sediment control measures. � N.) How the temporary and permanent erosion and sediment controls will be maintained. � O.) The disposal of collected sediment and floating debris. 6. Minimum Storm Water Pollution Control Measures and Related Tnspections. These minimum control measures are required where bare soil is exposed. Due to the diversity of individual construction sites, each site will be individually evaluated. Where additional control measures are needed, they will be specified at the discretion of the city engineer. The city will determine what action is necessary. A.) All grading plans and building site surveys must be reviewed by the city for the effectiveness of erosion control measures in the context of site topography and drainage. B.) Sediment control measures must be properly insta.11ed by the builder before construction activity begins. Such structures may be adjusted during dry weather to accommodate short term activities, such as those allowing the passage of very lazge vehicles. As soon as this activity is finished or before the next runoff event, the erosion and sediment control structures must be returned to the configuration specified by the city. A sediment control inspection must then be scheduled, and passed before a footing inspection will be done. C.) Diversion of channeled runofF around disturbed areas, if practical, or the protection � � of the channel. D.) Easements. If a storm water management plan involves directing some or all of the site's runoff, the applicant or his designated representative shall obtain from adjacent property owners any necessary easements or other properry interests concerning the flowing of such water. E.) The scheduling of the site's activities to lessen their impact on erosion and sediment Creation, so as to minimize the amount of exposed soiL F.) Control runoff as follows (Either 1 and 2 or 1 and 3): l.} Unless precluded by moderate or heavy snow cover (Mulching can still occur if a light snow cover is present.), stabilize all exposed inactive disturbed soil areas within two hundred (200) feet of any water of the state, or with in two hundred (200) feet of any conveyance (curb, gutter, storm sewer inlet, drainage ditch, etc.) with sod, seed or weed- free mulch. This must be done, if the applicant will not work the area for seven (7) days on slopes greater than three (3) feet horizontal to one (1) foot vertical (3:1), fourteen (14) days on slopes ranging from 3:1 to 10:1 and twenty-one (21) days for slopes flatter than 10:1. 2.) For disturbed areas greater than five (5) acres construct temporary or permanent � sedimentation basins. Sedimentation basins must have a minimum surface area equal of at least 1% of the area draining to basin, and be constructed in accordance with accepted design specifications including access for operations and maintenance. Basin discharge rates must also be controlled to prevent erosion in the discharge channel. 3.) For disturbed areas less than five (5) acres sedimentation basins are encouraged, but not required, unless required by the city engineer. The applicant shall install erosion and sediment controls at locations directed by the city. Minimum requirements include silt fences, rock check dams, or other equivalent control measures along slopes. Silt fences .. are required along channel edges to reduce the amount of sediment reaching the channel. Silt fences, rock check dams, etc. must be regularly inspected and maintained. The ' applicant is also required to obtain a National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) construction storm water permit from the Minnesota Pollution Control Agency for any project that disturbs one (1) acre or more of land. This one acre value also applies to a common plan of development or sale. G.) Sediment basins related to impervious surface area. Where a project's ultimate development replaces surface vegetation with one (1) or more acres of cumulative impervious surface, and a11 runoff has not been accounted for in a local unit of government's existing storm water management plan or practice, the runoff must be discharged to a wet sedimentation basin prior to entering waters of the state. � 1.) At a minimum the work shall conform with the current version of the Minnesota Pollution Control Agency's publication, "Protecting Water Quality in Urban Areas," and � the current requirements found in the same agency's NPDES/SDS permits for storm water associated with construction activities. H.) Generally, sufficient silt fence shall be required to hold all sheet flow runoff generated at an individual site, until it can either infi�trate or seep through silt fence's pores. I.) Temporary stockpiling of fifly (50) or more cubic yazds of excess soil on any lot orother vacant area shall not be allowed without issuance of a grading permit for the earth moving activity in question. J.) For soil stockpiles greater than ten (10) cubic yards the toe of the pile must be more than twenty-five (25) feet from a road, drainage channel or storm water inlet. If such stockpiles will be left for more than seven (7) days, they must be stabilized with mulch, vegetation, tarps or other means. If left for less than seven (7) days, erosion from stockpiles must be controlled with silt fences or rock check dams. 1.) If for any reason a soil or non-soil stockpile of any size is located closer than twenty- five (25)feet from a road, drainage channel or storm water inlet, and will be left for more than seven (7) days, it must be covered with tarps or controlled in some other manner. 2.) All non-soil (clean sand, gravel, concrete or bituminous) must at a minimum have a silt fencing or other effective sediment control measures installed. • K.) All sand, gravel or other mining operations taking place on the development site shall apply for a Minnesota Pollution Control Agency National Pollutant Discharge Elimination System General Storm Water permit for industrial activities and all required Minnesota Department of Natural Resources permits. L.) Temporary rock construction entrances, or equally effective means of preventing vehicles from tracking sediment from the site, may be required wherever vehicles enter and exit a site. 1.) Vehicle tracking of sediment from the site must be minimized by BMPs such as stone pads, concrete or steel wash racks, or equivalent systems. Street sweeping must be used if such BMPs are not adequate. M.) Parking is prohibited on all bare lots and all temporary construction entrances, except where street parking is not available. Gravel entrances are to be used for deliveries only as per the development contract. N.) Streets must be cleaned and swept whenever tracking of sediments occurs and before the site is left idle for weekends and holidays. A regulaz sweeping schedule should be established. • � O.) Water (impacted by the construction activity) removed from the site by pumping must be treated by temporary sedimentation basins, geotextile filters, grit chambers, sand filters, up-flow chambers, hydro-cyclones, swirl concentrators or other appropriate controls. Such water shall not be discharged in a manner that causes erosion or flooding of the site, receiving channels, adjacent property or a wetland. P.) All storm drain inlets must be protected during construction until control measures are in place with either silt fence or an equivalent barrier that meets accepted design criteria, standards and specifications as contained in the latest version of the Minnesota Pollution Control Agency's publication, "Protecting Water Quality in Urban Areas." Q.) Roof drain leaders. All newly constructed� and reconstructed buildings must route roof drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate. The discharge rate shall be controlled so that no erosion occurs in the pervious areas. R.) Removal from the project's site of more than one (1) acre of topsoil shall not be done, unless written permission is given by the city engineer. Excessive removal of topsoil from the project's site can cause significant current and future soil erosion problems. S.) Inspection and maintenance. All storm water pollution control management facilities must be designed to minimize the need of maintenance, to provide easy vehicle (typically eight (8) feet or wider) and personnel access for maintenance purposes and be structurally • sound. These facilities must have Storm Water Maintenance Agreement that ensures continued effective removal of the pollutants carried in storm water runoff. The owner shall inspect all storm water management facilities during constxuction, twice during the first yeaz of operation and at least once every year thereafter. The city will keep all inspection records on file for a period of six (6) years. 1.) Inspection and maintenance easements. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purpose. T.) Follow-up inspections must be performed by the owner on a regular basis to ensure that erosion and sediment control measures are properly installed and maintained. In all cases the inspectors will attempt to work with the applicant andlor builder to maintain proper erosion and sediment control at all sites. 1.) In cases where cooperation is withheld, construction stop orders may be issued by the city, until all erosion and sediment control measures meet specifications. A second erosion and sediment controUgrading inspection must then be scheduled and passed before the final inspection will be done. U.) All infiltration areas must be inspected to ensure that sediment from ongoing • construction activities is not reaching infiltration areas, and that these areas are also being protected from soil compaction from the movement of construction equipment. 7. Permanent Storm Water Pollution Controls. A.) The applicant shall install and construct all permanent storm water management facilities necessary to manage increased runoff, so that the discharge rates from storm water treatment basins, such that the predevelopment twenty-four (24) hour two (2) year, ten (10) year, and one hundred (100) year peak storm discharge rates are not increased. These predevelopment rates shall be based on the last ten (10) years of how that land was used. Accelerated channel erosion must not occur as a result of the proposed land disturbing or development activity. l.) All calculations and information used in determining these peak storm discharge rates sha11 be submitted along with the storm water pollution control plan. B.) The applicant shall consider reducing the need for permanent storm water management facilities by incorporating the use of natural topography and land cover such as natural swales and depressions as they exist before development to the degree that they can accommodate the additionai flow of treated (e.g., settled) water without compromising the integrity or quality of the wetland or pond. C.) The following permanent storm water management practices must be investigated in developing the storm water management part of the storm water pollution control plan in the following descending order of preference: 1.) Protect and preserve as much natural or vegeta.ted area on the site as possible, minimizing impervious surfaces. Direct runoff to vegetated areas rather than to adjoining streets, storm sewers and ditches. 2.) Flow attenuation of treated storm water by the use of open vegetated swales and natural depressions. 3.) Storm water ponding facilities (including percolation facilities); and 4.) A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (C) above. The applicant shall provide justification for the method selected. D.) Redevelopment of existing parcels must provide treatment of stormwater from impervious surfaces even if the amount of impervious remains the same or is reduced. Treatment may be accompiished through the use of ponding areas, infiltration areas, ar structural stormwater treatment devices. � l� J • � The applicant shall submit documentation showing the chosen method will remove in excess of 80% of suspended solids and other pollutants from a 1.5 inch 24 hour storm event. E.) The applicant shall be required to sign and file a Stormwater Maintenance Agreement that ensures continued effective removal of the pollutants carried in storm water runoff. The Agreement also ensures continued maintenance, cleaning and upkeep of the facility. 8. Minimum Desi�n Standards for Storm Water Wet Detention Facilities. At a minimum these facilities must conform to the most current technology as reflected in the current version of the Minnesota Pollution Control Agency's publication, "Protecting Water Quality in Urban Areas" and the current requirements found in the same agency's NPDES permits for storm water associated with construction activities. 9. Minimum Protection for Natural Wetlands. A.) Runoff must not be dischazged directly into wetlands without appropriate quality (e.i., treated) and quantity runoff control, depending on the individual wetland's vegeta.tion sensitivity. See the current version of the Minnesota Pollution Control Agency's publication, "Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on VJetlands" for guidance. • B. Wetlands must not be drained or filled, wholly or partially, unless replaced by either ) restoring or creating wetland areas of at least equal public value. Compensation, including the replacement ratio and quality of replacement should be consistent with the requirements outlined in the Board of Water and Soil Resources rules that implement the Minnesota Wetland Conservation Act of 1991 including any and all amendments to it. C.) Work in and around wetlands must be guided by the following principles in descending order of priority: L.) Avoid both the direct and indirect impact of the activity that may destroy or diminish the wetland. 2.) Minimize the impact by limiting the degree or magnitude of the wetland related activity. 3.) Rectify the impact by repairing, rehabilitating, or restoring the affected wetland environment with one of at least equal public value. 4.) Reduce or eliminate the adverse impact over time by preservation and maintenance operations during the life of the activity. • 10. Ve�etated Buffer Protection for Lakes Rivers, Streams and Wetlands. A.) At the minimum a vegetated buffer strip on each bank the width of fifty (50) feet for � rivers and twenty (20) feet for lakes, streaxns and wetlands, shall be provided. If possible, such a buffer strip shall consists of predevelopment native vegetation. Ideally for rivers or streams, a shade tree canopy in the part of the buffer zone closest to the stream channel should be established. Buffer width shall be increased at least two (2) feet (four (4) feet far all wetlands) for every one (1) percent of slope of the surrounding land. Natural wetlands adjacent to rivers and streams aze not counted as buffer strips. They are considered a natural resource worthy of protection in their own right. Therefore the widths of natural wetlands are not counted as part of the river or stream's buffer strip. Such wetlands rate their own twenty-feet (20) plus vegetated buffer strip. 1.) Detailed buffer design is usually site specific. Therefore the city engineer can require a lazger buffer that the minimum. 2.) For newly constructed buffer sites the design criteria should follow common principles and the example of nearby natural areas. The site should be examined far existing buffer zones and mimic that slope structure and vegetation as much as possible. Buffer design and protection during construction should do any or all of the following: slow water runoff, trap sediment, enhance water infiltration, trap fertilizers, pesticides, pathogens, heavy meta.ls, trap blowing snow and soil, and act as corridors for wildlife. How much stress is put on these functions will determine the buffer zone's final configuration. . 3.) The applicant and then owner shall be responsible to maintain the buffer strip. 4.) Buffer strips can be made into perpetual conservation easements. 5.) The city engineer may allow buffer area averaging in cases where averaging will provide additional protection to either the resowce or environmentally valuable adjacent upland habitat, provided that the resource's total buffer axea remains the same. This means that some sections of the buffer will be wider than normal Care should be taken in averaging so that the buffer's usefulness is not short-circuited. B.) Water courses used solely for drainage, such as road side ditches, are exempt from this provision. Minnesota Pollution Control Agency Class 7limited resource (Waters not protected for aquatic habitat or recreational use) value waters are also exempt from this provision. C.) Minimal width public recreational and educational trails in vegetated buffer strips are exempt from this provision provided that the buffer strip's width is increased by the width of the trail (i.e. A 10 foot wide trail in a 50 foot buffer strip increases the true width of the strip plus the trail to 110 feet.) • � 11. Models/Methodolo�,ies/Computations. Hydrologic models and design methodologies used for the determining runoff characteristics and analyzing storm water management structures must be approved by the city engineer. Plans, specifications and computations for storm water management facilities submitted for review must be sealed and signed by a registered professional engineer. All computations must appear in the plans submitted for review, unless otherwise approved by the city engineer. 208.06 REVIEW The city engineer shall review the storm water pollution control plan. 1 Permit Required. If the city determines that the storm water pollution control plan meets the requirements of this ordinance, the city shall issue a permit valid for a specified period of time, that authorizes the land disturbance activity contingent on the implementation and completion of the storm water pollution control plan. 2 Permit Denial. If the city determines that the storm water pollution control plan does not meet the requirements of this ordinance, the city shall not issue a permit for the land disturbance activity. A.) All land use and building permits for the site in question must be suspended until the applicant has an approved storm water pollution control plan. . • 3 Permit Suspension and Revocation If the storm water pollution control plan is not being implemented the city can suspend or revoke the permit authorizing the land disturbance activrty. 208.07 MODIFICATION OF PLAN An approved storm water pollution control plan may be modified on submission of a written application for modification to the city, and after written approval by the city engineer. In reviewing such an application, the city engineer may require additional reports and data. 1 Records Retention. The city shall retain the written records of such modifications for at least three ( 3 ) yeazs. 208.08 FINANCIAL SECURITIES T'he applicant shall provide a financial security for the performance of the work, in conjuction with a building permit or land alteration permit, described and delineated on the approved grading plan involving the storm water pollution control plan and any storm water and pollution control plan related remedial work in, at a rate of three thousand dollars ($3,000) per acre for the maximum acreage of soil that will be simultaneously exposed to erosion during the project's . construction. (See the definitions of "exposed soil area" and "final sta.bilization" for clarification.) This security must be available prior to commencing the project. The form of the security must be: � 1. By cash security deposited to the city for thirty percent (30%) of the total financial security when less than five (5) acres of soil will be simultaneously exposed. When over five (5) acres of soil will be simultaneously exposed to erosion, then the cash security increases to the first five thousand dollars ($5,000) or ten percent (10%) of the total financial security, whichever is greater. 2. The remainder of the financial security shall be placed either with the city, a responsible escrow agent, or trust company, at the option of the city, money, an irrevocable letter of credit, negotiable bonds of the kind approved for securing deposits of public money or other instruments of credit from one or more financial institutions, subject to regulation by the state and federal government wherein said financial institution pledges that the funds are on deposit and guaranteed for payment. This security shall save the city free and hazmless from all suits or claims for damages resulting from the negligent grading, removal, placement or storage of rock, sand, gravel, soil or other like material within the city. The type of security must be of a type acceptable to the city. 3. The city may request a greater financial security, if the city considers that the development site is especially prone to erosion, or the resource to be protected is especially valuable. 4. If more soil is simultaneously exposed to erosion than originally plazuied, the amount of the security shall increase in relation to this additional exposure. 1. MAINTAINING THE FINANCIAL SECURITY If at anytime during the course of the work this amount falls below 50% of the required deposit, the applicant sha11 make another deposit in the amount necessary to restore the deposit to the required amount within five (5) days. Otherwise the city may: A.) Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. B.) Revoke any permit issued by the city to the applicant for the site in question and any other of the applicant's sites within the city's jurisdiction. 2. PROPORTIONAL REDUCTION OF THE FINANCIAL SECURITY When more than one-third of the applicant's maximum exposed soil azea achieves final stabilization, the city can reduce the total required amount of the financial security by ono-third, if recommended in writing by the city engineer. When more than two-thirds of the applicant's • � maximum exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial security by two-thirds of the initial amount, if recommended in writing by the city engineer. 3. ACTION AGAINST THE FINANCIAL SECURITY The city may act against the financial security, if any of the conditions listed below exist. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work including, but not limited to, staff time and attorney's fees. A.) The applicant ceases land disturbing activities and/or filling and abandons the work site prior to completion of the city approved grading plan. B.) The applicant fails to conform to any city approved grading plan and/or the storm water pollution control plan as approved by the city, or related supplementary instructions. C.) The techniques utilized under the storm water pollution control plan fail within one (1) year of installation. D.) The applicant fails to reimburse the city for conective action taken under 208.09. • E.) Emergency action under either 208.08.4 (below) or any part of 208.09. 4. EMERGENCY ACTION If circumstances exist such that noncompliance with this ordinance poses an immediate danger to the public health, safety and welfare, as determined by the city engineer, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicant's financial security. 5. RETURNING THE FINANCIAL SECURITY Any unspent amount of the financial security deposited with the city for faithful performance of the storm water pollution control plan and any storm water and pollution control plan related remedial work must be released not more than one (1) full year after the completion of the installation of all such measures and the establishment of final stabilization. 208.09 NOTIFICATION OF FAILURE OF THE STORM WATER POLLUTION � CONTROL PLAN The city shall notify the applicant, when the city is going to act on the financial securities part of � this ordinance. 1. NOTIFICATION BY THE CITY -- - _ The initial contact will be to the party or parties listed on the application and/or the storm water pollution control plan as contacts. Except during an emergency action under 208.08.4, forty- eight (48) hours after notification by the city or seventy-two (72) hours after the failure of erosion control measures, whichever is less, the city at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party or parties, the city has been unable to establish contact, the city may proceed with the corrective work. A.) There are conditions when time is of the essence in controlling erosion. During such a condition the city may take immediate action, and then notify the applicant as soon as possible. 2. EROSION OFF-SITE If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration pian, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within forty-eight (48) hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, shall more . than seven (7) calendaz days go by without corrective action being taken. If in the discretion of the city, the applicant does not repair ihe damage caused by the erosion, the city may do the remedial work required and charge the cost to the applicant. 3. EROSION INTO STREETS, WETLANDS OR WATER BODIES If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and repair must be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations. 4. FAILURE TO DO CORRECTIVE WORK When an applicant fails to conform to any provision of 208.08 or 208.09 within the time stipulated, the city may take the following actions: A.) Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. B.) Suspend or revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction. • � C.) Direct the conection of the deficiency by city forces or by a separate contract. The issuance of a permit for land disturbance activity constitutes a right-of-entry for the city or its contractor to enter upon the construction site for the purpose of correcting erosion control deficiencies. D.) All costs incurred by the city in correcting storm water pollution control deficiencies must be reimbursed by the applic�nt. If payment is not made within thirty (30) days after costs are incurred by the city, payment will be made from the applicant's financial securities as described in 208.08. E.) If there is an insufficient financial amount in the applicant's financial securities as described in 208.08, to cover the costs incurred by the city, then the city may assess the remaining amount against the property. As a condition of the permit for land disturbance activities, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of Minnesota Statute 429.481 to challenge the amount or validity of the assessment. 208.10 VARIANCE In any case where, upon application of the responsible person or persons, the city finds that by � reason of exceptional circumstances, strict conformity with this ordinance would be unreasonable, impractical, or not feasible under the circumstances; the city in its discretion may grant a variance therefrom upon such conditions as it may prescribe for prevention, control, or abatement of pollution in harmony with the general purposes of this ordinance. The public shall be a given the opportunity for comment. 1. Variance Request. The variance request must be in writing in a form acceptable to the city. 2. Variance Public Notice. The variance request shall be public noticed in the normal manner used for city council meeting items, to allow the public an opportunity for comment. 3. Variance Determination. After the public has been given the right to comment, the variance shall either be approved or disapproved by a vote of the city council. 4. Variance Response. The variance response must be in writing, and include the justification for either granting or denying the requested variance. A favorable response shall also include any special conditions imposed by the city. 5. Time Limit. The variance shall become void not more than one (1) year after being granted, unless used. • 6. Revocation. If any of the variance's conditions are violated, the city may revoke the variance. 0 0 � 208.11 ENFORCEMENT The city shall be responsible enforcing this ordinance. 1. Penalties. Any person, firm, or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both as defined in Chapter 901. All land use and building permiis shall be suspended until the applicant has corrected the violation. Each day that a sepazate violation exists shall constitute a separate offense. 208.012 RIGHT OF ENTRY AND INSPECTION 1. Powers. The applicant shall promptly allow the city and their authorized representatives, upon presentation of credentials to: A.) Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys. B.) Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations. • C.) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site. D.) Inspect the storm water pollution control measures. E.) Sample and monitor any items or activities pertaining to storm water pollution control measures. F.) Any temporary or permanent obstruction to the safe and easy access of such an inspection shall be promptly removed upon the inspector's request. The cost of providing such access shall be born by the applicant. 208.13 ABROGATION AND GREATER RESTRICTIONS It is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. � � 208.14 SEVERABILITY T'he provisions of this ordinance are severable, and if any provisions of this ordinance, or application of any provision of this ordinance to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this ordinance must not be affected thereby. 208.15 EFFECTIVE DATE This ordinance will take effect and be in force after its passage and official publication. � �