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PL 11/02/2005 - 30884� CITY OF FRIDLEY '�' PLANNING COMMISSION NOVEMBER 2ND, 2005 G� CALL TO ORDER Chairperson Savage called the regular meeting of the Planning Committee to order at 7:30 p.m. ROLL CALL Members Present: Members Absent: Larry Kuechle, David Kondrick, Diane Savage, Dean Saba, Brad Dunham Leroy Oquist, Barbara Johns Others Present: Stacy Stromberg, City Planner Julie Jones, Planning Coordinator Paul Bolin, Assistant Executive Director Jon Haukaas, Public Works Director Ray Rucinski, 124 Rive Edge Way NE George Zogheib, 128 River Edge Way NE Barb & Keith Olson, 112 River Edge Way NE Catherine Anderson, 132 River Edge Way NE Peter Borman, 120 River Edge Way NE Brett Harvey, 108 River Edge Way NE Bob Ecken, 5940 3`� St. NE Jeff Magdik, Blue Print Homes Mike Miskwik, Blue Print Homes APPROVE PLANNING COMMISSION MEETING MINUTES — October 19�', 2005 MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a Rezoning. ZOA #05-04, bv Peter Borman, to rezone multiple properties from R-3, Multi-Familv to R-1, Sinale Familv, aenerallv located at 100,104, 108. 112. 116. 120. 124, 128, and 132 River Edae Wav. MOTION by Commissioner Kuechle, seconded by Commissioner Kondrick, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg, City Planner presented a request from petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all 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 1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all of them. All of the above referenced properties were developed with single-family homes between the � Planning Commission, November 2ndUi, 2005 years of 19�57-1961. They are all zoned R-3, Multi-Family and have been since the City's 1St !� zoning 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 (61St Way) and extending all the way to Interstate: 694 (Hwy 100). Sometime befinreen 1958 and 1962 the school district purchased the land soi�th of the subject properties, which resulted in a change of the zoning from R-3, Multi-Family to P, Public. As a result of the school properly being rezoned to Public, a strip of R-3, Multi-F'amily land remains as a remnant of that once very large R-3 Zoned property. The petition�er Mr. Borman, who lives at 120 River Edge Way, has submitted this rezoning request on Ibehalf of all of the adjoining neighbors. They would like to see the current zoning changed to reflect the current land use, which is single family. While single family homes are a permitted u:se in the R-3, Multi-Family zoning district, changing the zoning to the lands current use, will allnw the single family neighborhood to remain the same as it exists today. The City's z:oning 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 authority to "rezone" prc�perty 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 ��se map designated 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 of the existing single-family neighborhood. Staff recommends approval of this rezoning request as the rezoning corrects an existing non- conformity ��nd makes the area consistent with the Comprehensive Plan. � Commissicmer Savage questioned if there would be any stipulations to this recommendation. Ms. Stromk►erg stated that there were no stipulations. Commissicmer Saba commented that he was surprised this area was still zoned as R-3, Multi Family. Mr. Borman, of 120 River Edge Way NE, stated that this rezoning request was the idea of Keith Olson of 112 River Edge Way NE. The neighborhood had a block party and was discussing with Mayor �Scott Lund the zoning of the area. Mayor Lund said he would guide them in requesting the area to be rezoned. The neighborhood is a very unique, close knit community. A letter was sent to 40 homes and all but two homeowners contributed funds to help pay the $1,500 fee required to rezone the property. Mr. Borman questioned if this rezoning has been over looked by the City, would the City be willing to waive the $1,500 rezoning fee. Commissic�ner Kuechle noted that the Planning Committee would not have the authority to waive this fE:e and the matter should be brought to the City Council for consideration. MOTION b�y Commissioner Kuechle, seconded by Commissioner Saba, to close the public hearing. UPON A U�dANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARE[) THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. �"`� Commissia�ner Kuechle commented that this is a reasonable, functional request. MOTION b�y Commissioner Saba, seconded by Commissioner Kuechle, to recommend approval thE; consideration of rezoning request, ZOA #05-04, to rezone multiple properties from 0 Planning Commission, November2"°�', 2005 � R-3, Multi-F'amily to R-1, Single Family, generally located at 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way. This will be brought to the City Council on November 7�', 2005 at 7:30 p.m. UPON A Vt�ICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION C,ARRIED UNANIMOUSLY. 2. ConsidE�ration of a Preliminarv Plat, PS #05-04, bv Blue Print Homes, Inc.. to replat op rtionsc of Block 2. Citv View Addition and Blocks 12 and 28, Hvde Park Addition. to 3. Consideration of a Vacation. SAV #05-01, bv Blue Print Homes, Inc., to vacate op rtion.� of 57�' Place NE, 58� Avenue NE, and 59�' Avenue NE, Ivina easterlv of 3rd Street NE and terminatina at the Universitv Avenue NE riaht-of-wav, to accommodate the repl;�t for Gatewav West Redevelopment proiect. MOTION by Commissioner Saba, seconded by Commissioner Kondrick, to open the public hearings. UPON A UIVANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLAREI) THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:43 P.M. ^ Ms. Stromt�erg, City Planner stated that Blue Print Homes is seeking to replat po►tions of Block 2, City View Addition and portions of Blocks 12 and 28, Hyde Park Addition, generally located befiNeen 57�h Place and 61St Avenue and 3`� Street and University Avenue to create 16 new single �family lots for Gateway West redevelopment project. Blue Print I-lomes is also seeking to vacate portions of 57�' Place, 58�' Avenue, and 59�' Avenue, lying easterly of 3`� Street NE and terminating at the University Avenue right-of-way, to accommod��te the replat for the Gateway West redevelopment project. The properl.y is currently owned by the Fridley Housing and Redevelopment Authority. This project is referred to as �Gateway WesY' and is comprised of properties formerly used as a used car lot, a vacant lot that once was occupied by Werner Fumiture, a 4-plex and single family homes. In 1976, the: City Council created the S-1, Hyde Park Overlay district which applied only to the properties I��cated befinreen Main Street and University Avenue and 57�' Place and 615� Avenue. In 1976, thi:s 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 tlie mix of uses that existed at that time and to no longer permit commercial properties vvithin the Hyde Park district. At the time of 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 thiey wouldn't be replaced. �'� In 1994, Custom Mechanical wanted to sell their property to another mechanical contractor; however, re�sale of their property, even to another mechanical contractor, wasn't allowed as part of the Hyde Park overlay. In 1996, the HRA purchased the Frank's Used Cars site and� in 1999, the HRA purchased the Wemer's Furniture site. 7 Planning Commission, November 2"d�', 2005 �` There was �n analysis done at this time that determined that this project area could be compromis�:d of either seven single family homes, townhouses, or a senior apartment building. A neighborh�ood meeting was held in which nei�qhborhood opposition arose. Many people spoke of concern about 57�' Avenue traffic. Since 57 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 single 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�d 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 last property needed for the project was acquired earlier this year. The project area is comprised of finro commercial properties, one property with a four-plex on it and six lots with single family homes. All of the buildings on the lots acquired for the project were recently demolished. � Since the land has been acquired, the Housing and Redevelopment Authority's (HRA) goal for Gateway West is to convert the former mixed commercial and residential area into a viable single family residential redevelopment. 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 finrice. 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 befinreen $250,000 and $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. 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 finro blocks. Block 1 will be comprised of nine single family lots and is located on the southem portion of the project. Fridley City code requires that lots in the S-1, Hyde Park zoning district to 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 lot requirements are being met with this plat drawing. In order to create the 16 new lots, a six foot strip of 57�' Place, a 60 ft. portion of 58�' Avenue and a 60 ft. portion of 59�' Avenue, lying easterly of 3�d Street NE and terminating at the University Avenue right-of-way, needs to be vacated. This will not affect the right-of-way or snow storage. 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 � Planning Commission, November 2"'�', 2005 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. 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. City Staff recommend that the following stipulations be placed upon approval of the preliminary plat request. 1. 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 to 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. Commissioner Saba questioned if a sidewalk or walkway could be added to the development. It would really improve the area and make it safer. Ms. Stromberg replied that a sidewalk has been up for discussion but is not in the current plan. Commissioner Savage questioned the status of the fences and if the current chain link fences would be removed. Ms. Stromberg replied that they will remove the chain link fence that currently is along University Avenue and will use the same brick and iron fencing that is used across the street. Commissioner Dunham questioned how many lots will be generated and if park fees will be associated with this development. Ms. Stromberg stated that there will be 16 lots and no park fees will be associated with these lots. Commissioner Kondrick questioned why we are not charging park fees. Ms. Jones, Planning Coordinator, replied that this is an HRA project and staff did not think it would be appropriate for the City to charge themselves for park fees. �''� Commissioner Kondrick commented that residents will be using the recreational facilities in our communities and something should be charged to residents in that area. If residents are using the City facilities it would be to the City's benefit for them to contribute to the park and recreational fund. � � Planning Commission, November 2"a�' 2005 � Commissioner Dunham commented that these will be nice homes and really improve the area. Commissioner Saba questioned if any issues of concem are pending from neighborhood meetings and if they could elaborate on the sidewalk issue. Mr. Bolin, Assistant HRA Director, replied that they have discussed the possibility of a sidewalk but it would ultimately go to nowhere. This is a small development and doesn't even consist of a full city block. At this point in time, the Public Work Director does not have the funds to install or maintain a sidewalk. To his knowledge, all issues and concerns from the neighborhood meetings have been addressed. Commissioner Savage questioned if the developer had any problems with the stipulations. Mr. Magdik, VP of Blue Print Homes, stated that he did not have any problems with the stipulations and that everything has been discussed in detail. This is going to be a nice project. Commissioner Dunham questioned if the homes would have full basements. Mr. Magdik replied that all homes will have full basements; however, they will not be finished as they are trying to keep the price point down. Commissioner Kuechle questioned the start and completion dates of the project. Mr. Magdik responded that they will break ground in January and hopefully finish with in 24 � months. Mr. Miskwik, Sales and Marketing Manger of Blue Print Homes, stated that Gateway West lots will be in the Spring Parade of Homes. There will be no homes completed at that time, but they will have the plat design, a trailer on the property and photos of model homes for buyers to shop from. This should give them some great leads on selling lots and are very confident that the development will be finished in 24 months. MOTION by Commissioner Saba, seconded by Commissioner Kuechle, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 8:05 P.M. Commissioner Savage commented that this will be a nice project. Commissioner Kondrick stated that the development will really improve the area, having universal back yards, fencing and it will tie in with the development across the street. This will really set the theme for University Avenue and improve in the entire area. Commissioner Saba commented that he likes the individuality of the homes. MOTION by Commissioner Kondrick, seconded by Commissioner Kueckle, to recommend approval of 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 and 281 — 57�' Place, 5740 University Ave, and 5917 through 5955 3`d Street. 10 Planning Commission, November 2"""', 2005 �„� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE � MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to recommend approval of Vacation, SAV #05-01, by Blue Print Homes, Inc., to vacate portions of 57�' Place NE, 58�' 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 Gateway West Redevelopment project. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 4. Consideration of a Text Amendment. TA #05-04, bv the Citv of Fridlev, to create a chapter in the zonina code. Chapter 205.32 0-7, a new Shoreland Overlav District. MOTION by Commissioner Saba, seconded by Commissioner Kueckle, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:07 P.M. Ms. Jones, Planning Coordinator, stated that this is our fourth text amendment for the year and pertains to Fridley's shoreland requirements. These changes apply to the proximity of building and impervious surFaces adjacent to lakes, rivers and creeks. Adoption of this shoreland overlay district would bring Fridley's shoreland building requirements into conformity � with a state mandate and federal regulations. � Work on a city-wide shoreland ordinance began in 1988, but draft ordinance language never proceeded past the City Council work session level of discussion. A primary concem was that imposing regulations on developed lots may have the effect of making those properties non- conforming. Since the Minnesota Department of Natural Resources (DNR) has the authority to rebuke a City's shoreland ordinance, gaining the DNR's approval is vital. The current version that you have been asked to review is based upon the City of New Hope's successfully adopted shoreland ordinance that was approved by the DNR. The DNR has required all municipalities to provide code language protecting shoreland. Additionally, in 2001, the City of Fridley committed to creating a shoreland ordinance, as called for by the Metropolitan Council in order to meet the DNR requirement, in conjunction with approval of the City of Fridley's Comprehensive Plan. On September 20, 2005, the Fridley Environmental Quality of Energy Commission reviewed the attached text amendment. The Commission unanimously approved the proposed ordinance. They believe this ordinance will further educate the public about the delicate balance befinreen human habitat and necessity of preserving and protecting our natural surroundings. This will only affect first tier properties and would involve 437 private parcels and 59 public facilities. The exemption allowance would include existing structures that do not meet new requirements. If an owner wanted to make interior renovations, it would be acceptable. Legal non-conformities cannot be expanded; they may replace the existing property but not expand. The three core components are as follows: 1. Redefine lot coverage for shoreline properties. Former lot coverage included the house, 11 Planning Commission, November 2nd�', 2005 � garage and outbuildings. The new text would include any surface including the house, ' � garage, outbuildings plus the driveway, patio, pool etc. 2. The structure set back is 50 feet from the ordinary high water level. The referred bluff setback is 40 feet and applies regardless of the classification of the water body. Bluff impact zones cannot include structures and accessory facilities except stairway and landings. 3. Non-conformities — All legally established as of date of passage are allowed to continue. They can renovate but cannot expand. Special allowances for decks to be replaced or expanded are available. Variance options are available to exceed 35% of lot coverage list in sec. 205.32.8.c(2). There was a correction noted to the Variance Section — it should read 205.348 not 205.34C. If someone exceeded 35% lot coverage by expanding a driveway, they can apply for a variance and the text gives examples of what would be acceptable and offers altematives for a variance procedure. Staff recommends approval of TA #05-04, creation of a new Shoreland Overlay District, thereby meeting the state mandate as required by the DNR and the Metropolitan Council. Commissioner Kuechle questioned if most properties along the river are non-conforming and what allows people to improve their homes as now they may be limited in expansion between the set back requirements. There are some very valuable properties that are attractive to buyers to purchase. The buyers may either teardown the property and start from new or � upgrade the current home. How are we going to deal with these situations? Ms. Jones commented that currently we are faced with a very similar situation in the Hyde Park area where many homes may be non-conforming but people can build up. i.e.: a finro story home. The limitation would be on the expansion of the geographic footprint of the structure. The State is encouraging density upward to preserve lot coverage. Commissioner Kuechle questioned if staff was aware of any lots that are too close to build a home. With the proposed set back requirements it doesn't leave a lot of room to build or expand a home. Ms. Jones replied that staff has not looked at actual photos but the State would not accept anything more than 35% lot coverage. Some lots will have issues but most should be ok. Commissioner Dunham asked if the residents have been notified of this text change. Ms. Jones replied that they have only notified the residents via public hearing notice in the local paper. They are working on a mailing distribution to be mailed to residents as that is probably what the City Council will ask. Commissioner Kuechle questioned if it is possible to make additions to a structure and add to the front of a home. Ms. Jones replied that as long as the addition was not over the 35°/a lot coverage, it would be � ok. Commissioner Dunham commented that these new requirements restricting the size potential of a home may decrease the value of the lot or home. 12 Planning Commission, November 2"�w, 2005 �� Ms. Jones agreed that we could fall into a situation like that but when looking at the map of the shoreland properties, many of the properties are the larger lots in the community. Commissioner Kondrick commented that we need to alert the people that will be affected of this text amendment by a mailing or public hearing so they can voice their opinion. Ms. Jones replied that staff will be doing a public mailing in the near future. Commissioner Kuechle questioned if they needed to vote yeah or nay on this item. Ms. Jones commented that the City will not get the next Comprehensive Plan update approved with out this item approved. It is difficult to come up with a language that is acceptable by the City, DNR and State. Commissioner Saba agreed with the setbacks as long as the people are aware of what is happening. Commissioner Dunham commented that it is to our advantage to address the residents now verses waiting for the City Council Meeting. This way we could have feedback from the residents prior to the next meeting. Commissioner Savage stated that this action plan is very preliminary at this time. Commissioner Kondrick commented that we need to address concems for future meetings. � MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 8:35 P.M. MOTION by Commissioner Saba, seconded by Commissioner Kondrick, to approve the 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 to go forward to the City Council. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 5. Consideration of a Te�ct Amendment, TA #05-05. bv the Citv of Fridlev, to amend the followina chapters in the zonina 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 reaardina curbina and drainaae reauirements on residential and commercial properties. MOTION by Commissioner Kondrick, seconded by Commissioner Kueckle, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE •'� DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:38 P.M. Ms. Jones reported that in 2000, the City of Fridley received State grand funding to complete a wetland restoration project for the Springbrook Nature Center wetland complex. One of the 13 Planning Commission, November 2ndth, 2005 10 � 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 code changes also relate to the proposed shoreland overlay district as discussed previously. 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. Staff recommends approval of TA #05-05, amending the curbing requirements in Chapters 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 thereby allowing storm water features like natural swales or rain gardens in place of curbing on residential, commercial and industrial properties. Due to the large number of text amendments being processed currently, the City Council will not be reviewing this text amendment until its December 12, 2005 meeting. Commissioner Kondrick questioned if the City park area just west of Holly Shopping Center was one of the areas to suggest not curbing but allowing water to run off into the streets. Ms. Jones replied that this park rain garden project is a good example of where the City is making an exception to the code curbing requirements, and this text amendment will make it clear in our code that we encourage this type of curbing. � Commissioner Kondrick stated that this request is not too permissive but protective. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 8:45 P.M. MOTION by Commissioner Saba, seconded by Commissioner Kueckle, 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 residential and commercial properties. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 6. Consideration of a Text Amendment, TA #05-06, bv the Citv of Fridlev. to amend Chapter 205.04, of the zonina code, reaardina aeneral provisions of the declaration of policv, nonconformina uses and structure, buildina site, and environmental aualitv. MOTION by Commissioner Kondrick, seconded by Commissioner Kueckle, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE � DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:46 P.M. Ms. Jones stated that in 2004, the State Legislature changed the language in Statute regarding Nonconforming Uses and Structures. Previously, owners of nonconforming properties could not 14 Planning Commission, November 2ndth, 2005 11 ,�„� 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 state of conflicting code requirements, the State Statute superseded 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. This text amendment also contains new references to Chapter 208 in the general section of the Zoning Code, which is important as we consider adopting a new Erosion Control chapter in code. Staff recommends approval of TA #05-06, bringing Fridley's Zoning Code text related to nonconforming uses and structures into compliance with State Statues. Due to the large number of text amendments being processed currently, the City Council will not be reviewing this te�ct amendment until its December 12, 2005 meeting. Commissioner Kondrick questioned if the Environmental Quality and Energy Commission has reviewed this request. Ms. Jones replied that they are not aware of this issue and they have not reviewed the exact language. It will go before the City Council on December 12'n '� MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 8:50 P.M. MOTION by Commissioner Saba, seconded by Commissioner Kondrick, to approve the consideration of Text Amendment, TA #05-06, by the City of Fridley, to amend Chapter 205.04, of the zoning code, regarding general provisions of the declaration of policy, nonconforming uses and structure, building site, and environmental quality. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 7. Consideration of a Text Amendment. TA #05-07, bv the Citv of Fridlev, to amend defined Public Nuisances to include hazardous material dumpina and waterFowl feeding. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:51 P.M. � Ms. Jones reported that back 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 15 Planning Commission, November 2nd"', 2005 12 � committed to drafting code amendments and sharing those proposed amendments with the three other communities involved in the Springbrook Watershed Project. This code change also relates to the proposed shoreland overlay district that was presented earlier. 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 fied to the birds contaminates waterways and shorelines, thereby affecting water quality. 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 proposed code changes are environmental issues, staff had the Fridley Environmental Quality and Energy Commission review the 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. There is much general support for the hazardous waste amendment but not a lot of support for feeding the waterFowl. Enforcement will be difficult but will be for the common good of the community and many communities have these types of laws. Staff recommends approval of TA #05-07, making it a crime to dump hazardous materials in a waterway or storm drain or to intentionally feed waterFowl. Due to the large number of text amendments being processed currently, the City Council will not be reviewing this text amendment until its December 12, 2005 meeting. Commissioner Kondrick stated that the Park and Recreation Commission makes it part of their budget plan to have the State trap geese and ducks and keep track of the numbers present in specific areas. There has been a decline in numbers but we need to deter the geese. The final analysis was that geese are a public nuisance. Their waste makes its way into our lakes and people persist on feeding the waterfowl hence making the waterfowl stay and not need to fly other places to look food. If we make this against the law to feed the birds it will be good for the birds and the environment. MOTION by Commissioner Saba, seconded by Commissioner Kuechle, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 9:05 P.M Commissioner Saba commented that we do not want to encourage waterfowl to stay around any longer and suggest the text to have stronger language. This text amendment is long overdue. We will really need to enforce this issue and it is a public nuisance and a health � Planning Commission, November 2ndth, 2005 � hazard. Commissioner Savage agreed that waterfowl can be a terrible nuisance and that feeding has increased the population of waterfowl in this area. 13 Commissioner Kondrick mentioned that we need to publicize this properly and make sure the residents of Fridley are aware that this is against the law. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the 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. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 8. Consideration of a Text Amendment, TA #05-08, bv the Citv of Fridlev, to repeal Chapter 105 Weeds and create a new Chapter 105, Landscape Maintenance. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 9:06 P.M. „� Ms. Jones stated that back 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 the code amendments and sharing those proposed amendments with the three other communities involved in the Springbrook Watershed Project. The code changes also relate to a proposed shoreland overlay district. 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 coRect 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 mange the installation and maintenance of this type of landscaping. Staff is proposing to repeal the entire existing Chapter 105, Weeds, and adopt a new Chapter 105, entitled Landscape Maintenance. The new Chapter 105 creates definitions of terms related to native landscaping. It maintains the 10" grass height limitation that exists in code today. ^, Parameters are set for native landscape installation and maintenance. Leaving grass clippings or leaves near a waterway of public right of way will be clearly prohibited. Granular fertilizers that land on a pave surFace will need to be swept up, and no mowing or fertilizer applications will be allowed within 20' of a waterway edge. 17 Planning Commission, November 2ndth, 2005 � 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. 14 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. On October 21, 2003, the Fridley Environmental Quality and Energy Commission reviewed this 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 as mowing grass generates a great deal of air pollution. Staff recommends approval of TA #05-08, which repeals Chapter 105, Weeds, of Fridley City Code and adopts new language regarding landscape maintenance and creates better storm water quality and quantity controls in the City. 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. ^ Commissioner Kondrick questioned how staff can enforce the proposed changes which are valuable for our City and State with so many people living on the river, creeks and lakes. Ms. Jones responded that staff has pondered this question and see no difference from other codes in the City. Staff relies on complaints from residents to enforce code enforcement issues for the most part. Commissioner Kuechle commented that this is an educational component as well and will be of value to the community. MOTION by Commissioner Dunham, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 9:05 P.M MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the consider the Text Amendment, TA #05-08, by the City of Fridley, to repeal Chapter 105, Weeds, and create a new Chapter 105, Landscape Maintenance. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 9. Consideration of a Text Amendment. TA #05-10, bv the Citv of Fridlev. to repeal '� Chapter 208 Erosion Control and create a new Chaqter 208. Stormwater Manaaement and Erosion Control Ordinance. MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to open the public : Planning Commission, November 2nd�', 2005 �, hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 9:16 P.M. Mr. Haukaas summarized the proposed Chapter 208: Stormwater Management and Erosion Control. This is being submitted to replace our existing Chapter 208: Erosion Control. The proposed ordinance is based on a Model Ordinance provided by the Minnesota Pollution Control Agency (MPCA) with some modifications for our specific conditions in Fridley. 15 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 National Pollution Discharge Elimination System rules. The amount of revisions that is needed in our current ordinance is quite extensive. This will make Fridley's ordinance in line with other communities. Some of the key components of this amendment include making a distinction between new development and redevelopment, looking at where the problems exist and at the pollution side of stormwater management. Staff recommends the Planning Commission to approve TA #05-10 for the replacement of Chapter 208 of the City Code in its entirety. Commissioner Kondrick asked for examples of what modifications will be made for specific conditions in Fridley. �� Mr. Haukaas replied that no changes have been made to the ordinance in a long time. Many ordinances are based on the original development from the 1950-1960's and we need to take into account the redevelopments and what type of additional controls we need to add. ,� Commissioner Kondrick questioned if some communities have already adopted this policy. Mr. Haukaas confirmed that many have already adopted this policy. Commissioner Kondrick asked for information regarding the rain garden landscaping areas and if after a time they needed to be maintained and replenished. Mr. Haukaas stated that after several years the rain gardens may fill up with sediment that needs to be removed. If the rain garden gets plugged up it will hold water but will not infiltrate the water which is the purpose of a rain garden. The rain garden will need to be cleaned to remove the debris or sand and fluff up the soil so it will infiltrate efficiently. Commissioner Savage asked for clarification on how it will be presented to the public in the public hearing. Mr. Haukaas replied that it will be written broad to accept a wide variation of stormwater management methods. This will set up general guidelines to allow the developer to choose what will fit best at the site they are working. Commissioner Saba asked if they have leamed anything from the recent storms. Mr. Haukaas replied that the problem, as with most storms, is the volume of water in a short amount of time. It is difficult to design stormwater management to handle these situations. Big storms overload the system and cause leaks and sinkholes. The storm did help us identify 19 Planning Commission, November 2"a'", 2005 16 � weak areas susceptible to washouts and to look at how to prevent them from happening in the future. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND PUBLIC HEARING CLOSED AT 9:20 P.M Commissioner Kondrick mentioned that this is difficult to read and understand. Hopefully it will be laid out in a way that the public will be able to understand it at the public hearing. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the 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. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. 10. RECEIVE THE MINUTES OF THE AUGUST 10. 2005, APPEALS COMMISSION MEETING MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to receive the minutes �,,,1 as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS ADJOURNMENT: MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to adjourn. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 9:25 P.M. 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