02/10/1993 (
,
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, FEBRUARY 10, 1993
7:30 P.M.
Public Copy
Planning Commission
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City of Fridley
AGENDA
PLANNING COMMISSION MEETING WEDNESDAY, FEBRUARY 10, 1993 7:30 P.M.
LOCATION: Fridley Municipal Center, 6431 University Avenue N.E.
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MINUTES: December 16, 1992
PUBLIC HEARING: An amendment to the Fridley City Code Chapter 205,
entitled "Zoning" by amending Section 205.04.04.I, to:
A. Adopt by reference Best Management Practices
B. Require submission of a grading and drainage plan
C. Require submission of a conservation plan and schedule
D. Establish standards for control of stormwater run-off
E. Require "as-built" drawings and maintenance agreements
PUBLIC HEARING: An amendment to the Fridley City Code Chapter 208,
entitled "Erosion Control", to:
A. Eliminate soil erosion when possible
B. Establish standards and specifications for conservation
practices and planning activities which eliminate or minimize
soil erosion and sedimentation
CONSIDERATION OF A VACATION REOUEST, SAV #92-03 , BY BOB'S PRODUCE
RANCH:
To vacate the north 50 feet except the west 209.7 feet of Lot 1,
Block 1, East Ranch Estates First Addition according to the plat
of record on file in the office of the County Recorder, Anoka
County, Minnesota, and the north 10 feet of Lot 1, Block 1, East
Ranch Estates First Addition according to the plat of record and
on file in the office of the County Recorder, Anoka County,
Minnesota. Generally located at 7620 University Avenue N.E.
RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING
OF NOVEMBER 2 , 1992
RECEIVE THE MINUTES OF THE JOINT HOUSING & REDEVELOPMENT AUTHORITY
AND CITY COUNCIL MEETING OF DECEMBER 10, 1992
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Planning Commission Meeting Agenda
February 10, 1993
Page 2
RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY
COMMISSION MEETING OF DECEMBER 15, 1992
RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF DECEMBER
15, 1992
RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING
OF JANUARY 4, 1993
RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF
JANUARY 7, 1993
RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JANUARY
12, 1993
RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY
COMMISSION MEETING OF JANUARY 19, 1993
ADJOURN:
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, DECEMBER 16, 1992
CALL TO ORDER:
Chairperson Betzold called the December 16, 1992, Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL:
Members Present: Donald Betzold, Dean Saba, Sue Sherek,
Brad Sielaff
Members Absent: Dave Kondrick, Diane Savage, Connie Modig
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Dean Suda, Willamette Industries
Uri and Mala Herzberg, H & H Veterinary Services
APPROVAL OF OCTOBER 28, 1992 , PLANNING COMMISSION MINUTES:
MOTION by Ms. Sherek, seconded by Mr. Saba, to approve the October
28, 1992, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP
92-12 • BY WILLAMETTE INDUSTRIES INC
Per Section 205. 18.O1.C. (12) of the Fridley City Code, to
allow exterior storage of materials, equipment, or motor
vehicles incidental to the principal operation of the use on
Lot 2, Block 1, Northco Business Park 3rd Addition, generally
located at 350 Northco Drive N.E.
MOTION by Mr. Sielaff, seconded by Mr. Saba, to waive the readin
of the public hearing notice and open the public hearing. g
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M.
Ms. McPherson stated this property is located across from Columbia
Ice Arena and the Municipal Garage. The
Heavy Industrial, as are the prop Property is zoned M-2,
property to the south is zoned P, Public. the east and north. The
Ms. McPherson stated the petitioner has been experiencing a lack
of adequate parking space for the semi-trailers which wait to be
filled with the corrugated box material that Willamette Industries
R .
PLANNING COMMISSION MEETING, DECEMBER 16, 1992
PAGE .2
manufactures. They don't have enough room foratrailers
is ers which
i g
are currently parked on the property. The petitioner
to create an additional parking area for the trailers which would
be located along 71st Avenue under the high voltage transmission
its. The petitioner proposes
with a wood fence and to relocate the existing ands ape materials
directly adjacent to the 71st Avenue right-of-way.
Ms. McPherson stated the petitioner has submitted a preliminary
drainage plan for the property. The Engineering Department has
requested that additional calculations be provided for the proposed
detention pond and that the petitioner sign a detention pond
maintenance agreement.
Ms. McPherson stated staff is recommending
edge ofa the entrance drive
land-
scaping be installed along the westernq
from 71st Avenue. Staff is also recommending that the proposed
ed
fence be extended along the westerly edge of the parking
areawill help screen the parking from both University Avenue and 71st
Avenues.
Ms. McPherson stated that as is typical, staff is requiring that
the parking area be paved and be edged with B618 alternate curbing
curb and gutter.
The petitioner has requested that staff review an
style. However, the Engineering Department is recommending that
the City continue to require the B618 to be consistent with
previous requests for special use permits which the City
s
reviewed and granted.
Ms. McPherson stated staff is recommending request to allow outside
Commission approve this special use
storage of materials, equipment, and motor vehicles with the
following stipulations:
1. The petitioner shall submit a revised plan extending the
eight foot wood fence north and west along the parking
area.
2 . The petitioner shall submit5,00 performance bond to construction.to
cover the outdoor improvements prior
3 . The petitioner shall submit a revised landscape plan
prior to construction indicating three Amur Maple and six
Red Twig Dogwood shrubs along the west side of the
driveway from 71st Avenue.
4. The parking area shall be paved and lined with B618 curb
and gutter.
5. The petitioner shall submit calculatnsfor
b the
the
detention pond to be reviewed and approvedY
Engineering Department prior to commencement of
construction.
•
PLANNING COMMISSION MEETING, DECEMBER 16, 1992
PAGE 3
6. The petitioner shall sign a storm water maintenance
agreement prior to construction.
7. The petitioner shall provide a detail of the proposed
pond spillway.
Mr. Betzold asked if the petitioner has identified specifically the
materials, equipment, and vehicles that will be stored in •this
area.
Ms. McPherson stated the petitioner has indicated that the only
items that will be stored in this area are the full semi-trailers
which are waiting to be picked up or empty trailers which have been
dropped off and are waiting to be filled.
Mr. Betzold stated that it might be a good idea to add a
stipulation specifically stating what can be stored in this area.
Ms. McPherson stated the Planning. Commission could add that
stipulation, but it would not be necessary. That type of
stipulation would limit what is stored in this area and would
require any future property owner to come back to the Planning
Commission or City. Council to review the stipulation and perhaps
remove it.
Mr. Sielaff asked if Willamette is required to obtain a storm water
runoff permit from the State because of materials being stored
outside.
Ms. McPherson stated she did not believe so. To her knowledge, no
raw materials will be stored outside. The company receives roll
stock in boxcars which are dropped off at the facility. The roll
stock is stored either in the boxcars or within the facility. The
finished product is either stored in the facility or stored in the
dropped trailers.
Mr. Dean Suda, Plant Manager for Willamette Industries, stated no
materials will be stored outside.
Ms. Sherek asked Mr. Suda if he would object to a stipulation
limiting the storage to trailers only. The Commission's concern
is that occasionally when a property changes hands and the use of
the facility changes, there could be things stored outside that
should not be stored outside because the property has a special use
permit for outdoor storage.
Mr. Suda stated he had no objection to a stipulation limiting the
storage to trailers and tractors and materials stored within the
trailers.
Mr. Suda, stated they had proposed an alternate curb to the B618
which has less of a slope and would be less damaged by snow plows.
He stated that the property has a lot of curves and the curbs
really get chipped.
PLANNING COMMISSION MEETING, DECEMBER 16, 1992 PAGE 4
Ms. McPherson stated B618 is a standard that the City has required
on either new projects or requests similar to this one. She had
discussed this with Scott Erickson, Assistant Public Works
Director, and he stated they do not have a problem with the
alternate curbing, but just want to be as consistent as possible
with all requests. She stated that as far as meeting the intent
of the code, the alternate still provides an edge so it serves the
same purpose. There really is no definitive difference between the
two quality-wise.
Mr. Betzold stated he liked to see the City be consistent with all
requests, too, but if there is a better way of doing things, they
should consider it.
Mr. Sielaff asked if the company has any parking problems. Is
there going to be a need in the future for more parking?
Ms. McPherson stated there is not an employee parking problem.
Depending upon the number of trailers that are stored in the
storage area, the storage area could also double as an employee
parking area. The company is currently running two shifts and
would like to add a third shift; however they cannot get the
product out fast enough to go to a third shift.
Mr. Suda stated that current y evere is have at gh parking for one time wouldabehtwo
ift
change, so the most they would
shifts.
Ms. Saba stated that the petitioner has identified a maintenance
concern with the required B618 curbing. This is a valid concern,
particularly in this part of the country where there is the need
for a lot snowplowing. Maybe the City should take another look at
the alternate proposal for curbing. Does the City want to enforce
a standard in curbing which is going to cause problems for plowing
and will get chipped and look bad?
Ms. McPherson stated staff can take another look at the alternate
proposal for curbing, and the Commission can amend stipulation #4.
MOTION by Mr. Saba, seconded by Mr. Sielaff, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M.
MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City
Council approval of special use permit, SP #92-12, by Willamette
Industries, Inc. , per Section 205. 18.01.C. (12) of the Fridley City
Code, to allow exterior storage of materials, equipment, or motor
vehicles incidental to the principal operation of the use on Lot
2, Block 1, Northco Business Park 3rd Addition, generally located
at 350 Northco Drive N.E. , with the following stipulations:
. 4
PLANNING COMMISSION MEETING, DECEMBER 16, 1992
PAGE 5
1. The special use permit is for the storage of tractors and
loaded dropped trailers waiting for customer pickup or
empty trailers waiting for loading.
2. The petitioner shall submit a revised plan extending the
eight foot wood fence north and west along the parking
area.
3. The petitioner shall submit a $5, 000 performance bond to
cover the outdoor improvements prior to construction.
4. The petitioner shall submit a revised landscape plan
prior to construction indicating three Amur Maple and six
Red Twig Dogwood shrubs along the west side of the
driveway from 71st Avenue.
5. The parking area shall be paved and lined with B618 curb
and gutter or an approved alternate as specified by
staff.
6. The petitioner shall submit calculations for the
detention pond to be reviewed and approved by the
Engineering Department prior to commencement of
construction.
...ii•ii.ii.i7. Thepetitionershallsignastormwatermaintenance
agreement prior to construction.
8. The petitioner shall provide a detailed of the proposed
pond spillway.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. McPherson stated this item will go to City Council on Monday,
January 4, 1993.
2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP
#92-13, BY H & H VETERINARY SERVICES:
Per Section 205. 14.O1.C. (10) of the Fridley City Code, to
allow an animal/veterinary clinic which administers
vaccinations on Lots 1, 2, 28, and 29, Block 2, Commerce Park,
generally located at 250 Osborne Road N.E.
MOTION by Ms. Sherek, seconded by Mr. Sielaff, to waive the reading
of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:55 P.M.
Ms. McPherson stated this special use permit request is to allow
the establishment of a veterinary clinic at 250 Osborne Road within
the Pet Food Warehouse retail facility which is located at the
PLANNING COMMISSION MEETING, DECEMBER 16, 1992
PAGE 6
intersection of the West University Avenue Service Drive and
Osborne Road.
-2, General
Ms. McPherson stated the to thernorthyand south.is zoned The property Business,
to the
as is the property
west is zoned M-2, Heavy Industrial.
Ms. McPherson stated the petitioners operate what is termed as a
mobile veterinary clinic. H & H Veterinary Services operates
several facilities. They work in conjunction with and out of the
Pet Food Warehouse facilities. They do not have a lease. They
have what would be termed a "gentlemen's agreement" , and Pet Food
Warehouse allows them space within its facility to provide
vaccinations and examinations of animals.
Ms. McPherson stated the word "mobile" does not refer to a mobile
vehicle; it just refers to the amount of time the petitioners may
spend at any facility during the week. The petitioners have
similar facilities in Roseville and Maplewood.
Ms. McPherson stated that Section 205.14.01.C. (10) of the Fridley
Zoning Code states that animal clinics, veterinary clinics, animal
hospitals, public kennels, obedience schools, and training services
are permitted with a special use permit, provided
conditions are met. Those conditions are:
A. All windows in the area of the building housing areas
shall be double glazed with a fixed sash.
B. Any ventilation system shall be designed so that no odors
or organisms will spread between wards or to the outside
air.
C. There are no outside pens or holding areas.
Ms. McPherson stated staff's interpretation of this portion of the
particular code section is that it provides standards for what
staff would term as "full service clinics" which would maintain
animals in a facility on a 24 hour basis.
Ms. McPherson stated that while the petitioner does examine each
animal before vaccinating, they will not be providing any surgical
procedures or holding animals for any period of time, other than
the time needed to examine the animal, vaccinate the animal, and
a short waiting period to make sure there is no reaction to the
vaccination. She stated the petitioners provide these services on
a regular basis so that animal owners can bring their pets back on
a regular basis to be vaccinated.
Ms. McPherson stated the petitioners are proposing to convert a
small portion of the receiving area in the rear of the store to an
exam and vaccination room. The petitioner has received a hazardous
materials handling license from the State of Minnesota to properly
. 1
PLANNING COMMISSION MEETING, DECEMBER 16, 1992 PAGE 7
dispose of medical waste. No cultures will be done on the site
but will be sent out to a proper facility.
Ms. McPherson stated that the building is of masonry construction.
Since no animals will be housed on the site, the window requirement
standard is not required. If any alterations are needed, a
building permit may be needed and that should be reviewed and
approved by the Building Inspection Department. The proposed use
will not generate any more traffic than what is already being
experienced by the Pet Food Warehouse facility.
Ms. McPherson stated staff is recommending that the Planning
Commission recommend approval of the special use permit request as
the proposed vaccination clinic does not violate the standards set
forth in the City Code. It also does not adversely impact traffic
on the site. If this special use permit is approved, staff is
recommending the following stipulation:
1. Any alterations to the building will require the issuance
of a building permit.
Mr. Saba asked if there are any restrictions on the type of animals
that can be brought to be vaccinated.
Ms. McPherson stated there is no restriction in the City Code which
limits the types of animals that can be treated at a veterinary
clinic.
Mr. Saba asked if there would be .any problems if an animal should
get loose in the Pet Food Warehouse.
Ms. McPherson stated the Pet Food Warehouse has a policy of
allowing animals in its facility. it is possible that the Pet Food
Warehouse limits the type of animals that come in which would also
limit the types of animals to be treated at the mobile clinic.
Ms. Mali Herzberg, H & H Veterinary Services, stated the owners of
the animals are with them at all times. During the examination,
the veterinarian will hold the animal while it is being vaccinated.
Other than that, they do not care for the animal outside the
examination and vaccination.
Ms. Herzberg stated that regarding odors, Pet Food Warehouse allows
animals in its facility so the store is equipped with proper
cleaning equipment to clean up after the animals in either the
store or in the clinic area.
Ms. Herzberg stated that as far as animals other than dogs and
cats, they do not advertise as a veterinarian clinic; they only
advertise that they are providing veterinary services only for
vaccinations and preventative health care.
Mr. Uri Herzberg stated that in the other cities in which they
operate, Roseville and Maplewood, they have found that every time
ML
PLANNING COMMISSION MEETING, DECEMBER 16, 1992 PAGE 8
they hold a clinic, they bring down the number of unvaccinated dogs
or cats to anywhere between 50 to 100. Besides seeing animals that
have never been vaccinated, they have found that some animals have
not been vaccinated for 5-6 years because of people on fixed
incomes or who, for one reason or another, have not taken the time
to bring their pets to a local veterinarian for vaccination.
Mr. Betzold asked the cost of the vaccination.
Ms. Herzberg stated the rabies vaccination is $8 plus $5 for the
examination.
Mr. Betzold asked how the owners of the pets know who to contact
if their pets have problems or they want to contact H & H
Veterinary Services.
Mr. Herzberg stated their telephone number is listed on every form,
so the owners can contact them by telephone. He stated life risk
reactions that are fatal happen within the first 15-20 minutes
after the animal is vaccinated. That is the reason they ask the
owners to wait a short time before taking their animals home. If
there is a reaction, they have the necessary equipment to treat the
reaction. Once the animal is stabilized, they will refer the owner
to an emergency clinic or full service facility. Any reaction that
is 24 or more hours later is something they can either consult or
refer on the telephone to a local clinic, or he can come to the
owner's home to look at the animal and prescribe what is necessary.
Ms. Herzberg stated they no longer advertise with their home
address, only their telephone number, so people will not think they
are a clinic and bring pets to their home.
Mr. Betzold asked how people can contact them if they are not at
home.
Ms. Herzberg stated they have an answering machine on which is
recorded the locations of their clinics, the dates, and hours. She
stated that if a person has any questions, he/she can leave a
message and they will return the call.
Ms. Sherek asked if the vaccines are kept at the Pet Food
Warehouse.
Ms. Herzberg stated that all vaccines are stored at their
residence.
Ms. Sherek stated that with the hazardous waste permit, does that
mean that all the wastes removed from the Pet Food Warehouse.
Ms. Herzberg stated that, yes, all wastes are removed from the
site.
PLANNING COMMISSION MEETING DECEMBER 16 1992
Ms. Sherek asked if the petitioners would object to a PAGE 9
that no vaccines and hazardous wastes will be removed from
Food
Warehouse after each clinic session. m Pet Food
Ms. Herzberg stated they would not object to that stipulation. In
their Waste Management Plan, it specifies that they will remove all
wastes, and the vaccines are kept at their residence under lock and
key.
MOTION by Mr. . the Saba, seconded by .Ms. Sherek, to close
hearing. public
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:20
P.M.
Mr. Saba stated he is in favor of approving
permit. It sounds like an excellent srie. this atedialed he did
He stat
receive a call from a Fridley resident who has used the service in
another community. She said that the clinic was very
that it provides a service to the City in that many orelpets willl run d
be vaccinated that might not otherwise be vaccinated because
high veterinary costs. of the
MOTION by Ms. Sherek, seconded by Council the approval of special useSaba, to recommend to City
VeterinaryServices to permit, SP #92-13, by H & H
City Code, to allow an animal/veterinaryon 14. O1.C.
(wh h the Fasters
vaccinations on Lots 1, 2, 28 clinic which administers
generally located at 250 Osborne nRoadd � with2, Commerce fPark,
ollowing
stipulations: N.E. , the following
1. Any alterations to the building will require the is
of a building permit. suance
2. All hazardous or bio waste and vaccination materials,
both used and unused, shall be removed from the Pet Food
Warehouse site and stored at the petitioners ' residence
at the end of each clinic session.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DEC
MOTION CARRIED UNANIMOUSLY. DECLARED THE
Ms. McPherson stated this item will go to the City Council on
'January 4, 1993 .
3. APPROVAL OF 1993 PLANNING COMMISSION MEETING DATES:
MOTION- by Mr. Sielaff, seconded by
following Planning Commission meeting dates Sfor �1993: approve the
January 13 (Meeting Rooms I and II, lower level)
January 27
February 10
PLANNING COMMISSION MEETING DECEMBER 16 1992
PAGE 10
February 24
March 10
March 24
April 14
April 28
May 12
May 26
June 9
June 23
July 14
July 28
August 11
August 25
September 8
September 22
October 13
October 27
November 3
November 17
December 8
December 22
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. RECEIVE OCTOBER 5 1992 PARKS & RECREATION COMMISSION
MI�NUT,ES
MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the October
5, 1992, Parks & Recreation Commission minutes.
E ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
UPON A VOICE VOTE,
MOTION CARRIED UNANIMOUSLY.
5.
RECEIVE OCTOBER 8 1992 HOUSING & REDEVELOPMENT AUTHORITY
MI�S�
• seconded by Mr. Sielaff, to receive the
MOTION by Ms. Sherek,
October 8, 1992, Housing & Redevelopment Authority minutes.
UPON A VO
ICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
G.
RECEIVE OCTOBER 20 1992 ENVI ONMENTAL UALITY AND ENERGY
COMMISSION MINUTES:
y Mr. Saba, to receive the October
MOTION by Mr. Sielaff, seconded band Energy Commission minutes.
20, 1992, Environmental Quality
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PLANNING COMMISSION MEETING DECEMBER 16 1992
7- RECEIVE NOVEMBER 5 1992 PAGE 11
HUMAN RESOURCES COMMISSION MINUTES:
MOTION by Ms. Sherek, seconded by Mr. Saba, to receive the November
5, 1992,. minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DEC
MOTION CARRIED UNANIMOUSLY.' LARED THE
8. RECEIVE NOVEMBER 10 1992 APPEALS COMMISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Ms. Sherek, to receive the
November 10, 1992, AppealsCommission minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9• RECEIVE NOVEMBER 12 1992 HOUSING & REDEVELOPMENT AUTHORITY
HO RITY
MOTION by Ms. Sherek, seconded by November 12, 1992, Housing & Redevelopmentlelaff Authority m nutes. the
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. RECEIVE NOVEMBER 19 1992 ENVIRONMENTAL
COMMISSION MINUTES: UALITY & ENERGY.
MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the
November 19, 1992, Environmental Quality & Energy Commission
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD
MOTION CARRIED UNANIMOUSLY. DECLARED THE
11. RECEIVE DECEMBER 1 1992 APPEALS COMMISSION MIN
UTES:
MOTION MO by Ms. Sherek, seconded by December 1, 1992, Appeals Commission minuteslaff, to receive the
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD
MOTION CARRIED UNANIMOUSLY. DECLARED THE
12. OTHER BUSINESS:
a. Resignation of Chairperson Don Betzold
The Commission members and staff members congratulated Mr. Betzold
on his election to the Minnesota State Senate and thanked him for
his years of service as Chairperson of the Planning Commission.
Mr. Betzold stated he would like to thank all the Commission
members and staff members for making his time on the Planning
.- •
PLANNING COMMISSION MEETING DECEMBER 16 1992
PAGE 12
Commission a pleasurable one. He stated he has enjoyed working
with each and every one of them.
ADJOURNMEN •T
•
MOTION by Ms. Sherek, seconded by Mr. $iel,aff, to adjourn the
Chairperson
Upon a voice vote, all voting aye, Betzold
1992, planning
declared the motion carried, and the December 16,
Commission adjourned at 8:30 p.m.
Res ectfully submitted,
y e Saba
Re ording Secretary
FEB 10 '93 15:42 BARNA GUZY & STEFFENGER
ROBERT n OUZY
BERNARD E.STEFFEN
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RONALD B.PEETERSON CI LaRLE_
DARRELL A.JENSE�i tII.LIAM M.
IEFFREY S.JOHNSON
Barna, Guzy & Steffen, Ltd. &V RL iK.L
RUSSEL!,!L etto �nr:a BfvERLY K.HERRICk
JoNRU E.Ettu:KSON ATTORNEYS AT LAW AMES V.
t_�WItF'NC:t t;.)UhNSC)N JAMESD.HOEtT
I.k1V1L)A.COSS7 400 N�;rtnrown Financial i taza 1t�AN4t,�t.;Ai�f
mowAs r.MALONE Ccx>n Rapids Boulevard sc:orr la.I,r:P�,l;
mll_HAEL F.HuRLEY fr:v1:!v(_mAc:KEY
SHARON L.HALL
Minneapolis,MN.SSg:33 Por EThIt1,1NtirS1.
' PETER tiAKNA
(612) 780-8500 FAX(612)780.1777
QRANDUM
TO: Barbara Dacy
Community Development Director
FROM: Virgil Herrick
City Attorney '
SUBJECT: Chapter 208, "Erosion Control" and
Chapter 205, "Zoning", Ordinance Amendments
DATE: February 10, 1993
I have received your Memorandums of February 4, 1993 regarding
Erosion Control. I have reviewed the proposed Chapter 208 and
the additions to Chapter 205 regarding Zoning. I find both of
the Ordinances to be well drafted and quite detailed in substance
and procedure.
I have a question regarding Section 208. 06(11) relating to the
diversion of water on a neighbor's property. In Ordinance
208.06.11 the Subsection provides that no water nay be diverted
upon the neighbor's property without the neighbor's written
consent.
In Ordinance 205.04.04 (I) (4) the requirement states that any
change in grade affecting run-off on an adjacent be
approved by the City. The provisions for diversionooferwatertyst onto
adjacent property are inconsistent in the two Ordinances.
In addition, both of the_ Ordinances seem to be inconsistent with
the common law in Minnesota which provides that a landowner must
use a reasonable rule in diverting water from his property. The
test in the common law is that to determine whether a diversion
is reasonable you should consider the relative benefits of the
party making the diversion and the relative damages to the
adjacent property -owner. I am not certain how you want to
reconcile these differences but at a minimum Y suggest that
instead of stating that no diversion can be made onto adjacent
property that this be modified by saying "no substantial
diversion may be made onto the neighbor's property".
Ao IalutIOpp..r,mity Er.�hgrr
FEB 10 9.,� 15:43 BARNA GU-Z.( :. STEFFENGER
Barbara DaCY February 10, 1993
page Two
my other concern would be the expense involved in implementing
I am imnotanbe
all of the provisions of these two Ordinances• t experience n to
development but it wouldo seem that it might
expertprudent ton property who does have
vw Ordinances somebody
the Ordinances to determine how much of a burden it would
review
be on prospective developers.
S.>t32f:
ob7 Community Development Department
PPLANNING DIVISION
City of Fridley
DATE:
February 4, 1993
TO: Planning Commission Members
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Cha ter 208
"Erosion Control", and
llanir
Ordinance Amendments
We have been required by y the Metropolitan Council to adopt best
practices to reduce storm water runoff and enhance water
quality. In response to this mandate, we have drafted the attached
ordinances for inclusion into the City Code.
Chapter 208, entitled "Erosion Control"
the City Code .and will re � will be a new chapter for
coCitvation n quire the development and submission of
amend thea boldin The Chapter 205, "Zoning", amendment will
0 . 4.04. g site portion of the Zoning Code, Section
2This amendment requires the submission of a
grading and drainage plans and the use of best management pr
for all developments, practicesie
Please review the proposed ordinance amendments.
has been scheduled for February 10, 1993. A public hearing
MM/dn
M-93-53
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iti2
ORDINANCE NO. - 1993
AN ORDINANCE RECODIFYINBG THEY AMENDING 2 0 CODE
0 4�0 4TIR
205, ENTITLED "ZONING
il The City Council of the City of Fridley does ordain as follows:
4. BUILDING SITE nor shall any
A. No lot shall be so reduced or diminished,
structure be so enlarged or s°aces required as to din the district
uce or diminish
the yards, lot area or open NP yard or other open space
required for any building
in which it is located. No
be considered as providing a
spaceor
d no yard
yard or open space for any other building, an erty shall
open on an adjoining lot or parcel of prop
roviding a yard or open space on a lot
be considered as where a building is to be erected.
B. Only
one (1) principal building shall be located on a
buildable R-1 lot.
C. Every
lot, in order to be built on, shall have at least.
five
one (1) lot line which abuts for a not ermanent than unobstructed
twenty-
(25) feet along a street or along p ublic street as
easement of access to the lot from a p
approved by the City.
the. City
D.
Where
fur no curb elevation has
If been
curbestablished,
elevations are not
shallavailable,furnish such shall approve the elevation
e
the City permit is
building and the drainage plan before a building
issued.
on
E. Sidewalks or provision for sidewalks will be requirediedion
all arterial and collector streets. h eh is to be put ath
the elevation for a sidewalk lshelf,constructed on the property.
grade at the time a building the owner with an
The sidewalk shelf will provide
approximate finish grade for a sidewalk.
Easements for bicycle ways shall be provided on those
F. trail corridors as noted in the City's
lotsy designated along will designate the required
Bicycle Way Plan. The City
width of easements and elevations r forper y adeThat the
timwaa
a
building is constructed on finish
shelf will provide the owner with an approximate
grade for a bicycle way.
buildings is
d
G. Where the front yard setback of existing buil died and
greater than the minimum front yard setback required
and
said existing buildings are within one hundred (100)setbackthefet
either side of a structure to be erected,
Page 2 - Ordinance No.
for the new structure can be six
(6) feet more or of
this mean depth of the adjacent structures but in noss case
shall it be less than the required front yard setback. In
the case where one of the adjacent properties is vacant, an
assumed setback of thirty-five (35) feet will be used.
H. In computing the depth of a rear yard for any building
where the rear line of the lot adjoins an alley, one half
(1/2) of the width of the alley may be included as rear yard
depth, provided that the actual rear yard depth on the lot
shall not be less than twenty (20) feet in any residential
district and not less than twenty-five (25) feet in any
other district.
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 im lemented:
(1) The City hereby adopts by reference the Minnesota
Pollution Control Agency, Division of Water Ouality,
"Protecting Water Ouality in Urban Areas,
Best Management
Practices for Minnesota" within which are the National Urban
Runoff Pollution Standards and Best Management Practices.
(2) A grading and drainage plan shall be submitted in
conjunction with a building or land alteration permit and
shall be drawn at a scale no smaller than one 1 inch
equals two hundred feet, and shall contain, but is not
limited to the followin information:
LAI existing and proposed grades with a minimum of two
foot contour intervals to a known sea level datum;
Sbj sufficient spot elevations on all proposed hard
surface areas*
ic) estimated run-off of the area based upon five (5)
and one hundred (100) year 24 hour storm events
with a minimum time of intensity of twenty (20)
minutes'
_Cal provisions to carry run-off to the nearest
adequate outlet, such as a storm drain, natural
draina a wa or street•
j l location of any proposed ponding areas, indicating
the size and depth of the pond and amount of acre
feet of water to be stored'
LL finished floor elevations of all buildin s•
Page 3 - Ordinance No.
igl identification of soil conditions by
type and
location, including identification of the water
table and suitability of the soil
for the
proposed development= and
__ identification of an areas located within a flood
hazard zone as identified by the Citv's flood lain
overlays.
LgaILLte.a_in_aggapim21.2gith_2=gter__MI,
A conservation lan and time schedule shall be
Stormwater run-off from a develo ed site will leave at
no reater rate or lesser alit than the undevelo ed condltionr
run-off from the site in
Stormwater run-off shall not
a 24 exceed hour storm rate
_with an 1 f f ear
of
the undeveloped land for
i
n
f
ies shall
e
d
return .f re enc Dwith to o10 0 a ear treturn f re b enc es i Aid
for a 24 hour storm
run-off shall be ro erl channeled
ublic facilit desi ned afor
course ondln area or other
that u ose. An change
must be a roved b the Cit in ra affectin water �n of
onto an ad acent wr w
5 In order to ensure the construction was com leted in
accordance with the a roved
i and the plans.
ro ert nas shall-builbe
surve of detention facilities on ll
re ared and submitted
evation Cit and.de The
th ofan thehaondiaslwell
the size location
as the location of all structures and an round o enin
elevations on them.
6 For those detention facilitiesmaintenance re -tomeo bt
maintained b the ro ert owner
shall be executed •b the ro ert owner and recorded a ainst
the ro ert title to ensure ro er on oin maintenance.
J. The standards established herein serve, among the other
purposes of this Chapter, to provide each structure located
on any land, a building site suitable to its particular
needs as well as adequate areasopen and asace deemedween suitable
that
structure and any adjacent building,or structure and their
or appropriate to each building herein to
respective uses. It is also deemed a purpose
provide standards which encourage uses of land and the
erection of buildings and structures
in
areas number which are
open, unplatted or without any size, style and
buildings located therein, as are of a type, to
design as are deemed by the City and its inhabitants cial meet
the needs and the purposes of residential,
commeindustrial uses; and, to enable an owner to make a
.
2ri>ki>tr..>ti;,,>t
Page 4 - Ordinance No.
reasonable use of a parcel of land recorded or approved
prior to the enactment of this Chapter and is therefore,
smaller or different in type, size, style or design from
that otherwise required herein.
K. No changes in exterior building dimensions, exterior
parking areas or drainage as established in approved City
plans will be made unless reapproved by the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF
, 1993.
WILLIAM J. NEE - MAYOR
ATTESTED:
WILLIAM A. CHAMPA - CITY CLERK
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l /
'Community Development Dep
artment
PLANNING DIVISION
City of Fridley
DATE: Februar
y 4, 1993
TO: Planning Commission Members
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT:
", and Chapter
205, "Zoning", Ordinance Amendments
We have been required by the Metropolitan Council to adopt best
management practices to reduce storm water runoff and enhance water
quality. In response to this mandate, we have drafted the attached
ordinances for inclusion into the City Code.
Chapter 208, entitled "Erosion Control", will be a new chapter for
the City Code and will require the development and submission of
a conservation plan. The Chapter 205, "Zoning", amendment will amend the building site portion of the Zoning Code, Section
205. 04.04. This amendment requires the submission of appropriate
grading and drainage plans and the use of best management practices
for all developments.
Please review the proposed ordinance amendments. A public hearing
has been scheduled for February 10, 1993.
MM/dn
M-93-53
ORDINANCE NO. - 1993
AN ORDINANCE ESTABLISHING CHAPTER 208 ENTITLED
"EROSION CONTROL" TO THE FRIDLEY CITY CODE
The City Council of the City of Fridley does ordain as follows:
208.01 PURPOSE AND INTENT
The intent of this ordinance is to eliminate soil erosion whenever
possible; and, in circumstances where elimination is not feasible,
the ordinance requires activities to control soil erosion and
sedimentation. The purpose of this ordinance is to establish
standards and specifications for conservation practices and
planning activities which eliminate or minimize soil erosion and
subsequent sedimentation.
208.02 DEFINITIONS
The following terms have the meanings given them in this chapter:
1. Conservation plan and time schedule. A document listing a set
of practices that when implemented will decrease soil erosion
to the soil loss limits on a particular parcel of land. The
"time schedule" sets times to implement, make satisfactory
progress, and complete the conservation plan.
2. Conservation practices.
A. Practices and standards containing a definition, purpose,
and conditions under which the practice applies,
including design requirements, and specifications
containing a statement of details required for installing
a conservation practice, including kinds, quality and
quantity of work and materials needed to meet the
standards.
B. A conservation practice may be a permanent or temporary
vegetative or structural measure that when applied to the
land, will contribute to the control of wind and water
erosion and sedimentation. Conservation practices may be
used in a development activity area or an agricultural
use area.
C. Permanent practices are those that have an effective life
of ten years or more and include grassed waterways,
terraces, water control structures, grade stabilization
structures, sediment retention structures, water and
sediment control basins, and other permanent practices
approved by the City.
Ordinance No.
Page 2
D. Temporary practices include fabric filter barriers, .
filter strips, storm water inlet and outlet
protection
and any other cultural
practices approved by the City.
3. Development activity. A physical disturbance to the land
which may result in sedimentation of adjacent lands or waters.
These activities include, but are not limited to, clearing,
grading, excavating, transporting, draining and filling lands.
4. District. The Anoka County Soil and Water Conservation
District.
5. Erosion. Any process that wears away the surface of the land
by the action of water, wind, ice or gravity.
6. Excessive soil loss. Soil loss which causes sedimentation on
adjoining land or in a body of water, water course, or
wetland.
7. Field Office Technical Guide. The guide developed by the
United States Department of Agriculture, Soil Conservation
Service. The technical guide contains methods and procedures
by which the various types of erosion can be estimated and
conservation practice standards and specifications required in
the application of soil and water conservation practices.
8. Sediment. Solid mineral or organic material, that, in
suspension, is being transported, or has been moved from its
original site by air, water, gravity, or ice and has been
deposited at another location.
9. Sedimentation. The process or act of depositing sediment
that, upon inspection, is determined to have been caused by
erosion.
10. Soil. The unconsolidated mineral and organic material on the
immediate surface of the earth that serves as a natural medium
for growth of land plants.
208.03 TECHNICAL GUIDES
The following handbooks are adopted by reference:
1. Field Office Technical Guide of the United States Department
of Agriculture, Soil Conservation Service.
2. Soil Survey of Anoka County, developed by the United States
Department of Agriculture, Soil Conservation Service.
Ordinance No.
Page 3
3. Minnesota Construction Site Erosion- and Sediment Control
Planning Handbook.
4. Protecting Water Quality In Urban Areas, Best Management
Practices for Minnesota, developed by the Minnesota Pollution
Control Agency.
208.04 CONSERVATION PLAN SUBMISSION REQUIREMENTS
i. Prior to any development activity and in conjunction with a
building permit or land alteration permit, a conservation
control plan and time schedule shall be submitted and approved
as provided herein. The plan shall identify measures and
practices to prevent erosion, excessive soil loss, or sediment
from damaging adjacent land, bodies of water, water courses,
or wetlands.
2. The conservation plan and time schedule must specify how
erosion and damage to other lands and regions will be
minimized during the construction process. Temporary and
permanent measures shall be addressed. These methods include,
but are not limited to, the use of: temporary and permanent
seedings, fabric, plastic, or straw barriers, mulch, sediment
control basins, or other conservation practices adequate to
prevent erosion and sediment damage.
3 . A conservation plan is not required for the following
development activities:
A. minor land disturbance activities such as home gardens
and individual residential landscaping, repairs, and
maintenance work;
B. construction, installation, maintenance of above ground
electric and telephone utility lines or individual
service connection to the utility lines;
C. preparation for single-family residences separately built
on lots with slopes less than twelve (12) percent, unless
in conjunction with multiple construction in subdivision
development;
D. disturbance of land areas less than 9,000 square feet for
commercial or noncommercial uses, except that the City
may reduce this exception to a smaller area of disturbed
land or qualify the conditions under which this exception
applies;
E. installation of fence, sign, telephone and electric poles
and other kinds of posts or poles;
•
Ordinance No.
Page 4
F. emergency work and repairs to protect life, limb or
property; and
G. federal, state, county, and municipal road construction
designed and installed according to standard
specifications.
4. The following must be addressed in developing and implementing
a conservation plan:
A. Stabilization of denuded areas and stock piles;
B. establishment of permanent vegetation;
C. protection of adjacent areas;
D. timing and stabilization of sediment trapping measures;
E. use of sediment basins;
F. stabilization of cut and fill slopes;
G. storm water management for controlling off-site erosion;
H. stabilization of water ways and outlets;
I. storm sewer inlet protection;
J. working in or crossing water bodies;
K. underground utility construction;
L. construction access roads;
M. disposition of all temporary measures;
N. maintenance of all temporary and permanent urban
conservation practices; and
O. storm water runoff quality.
5. The time schedule accompanying the conservation plan must
establish deadlines for the implementation and completion of
each phase or element of the conservation plan.
Ordinance No.
Page 5
6. The Field Office Technical Guide, the Minnesota Construction
Site Erosion and Sediment Control Planning Handbook, or the
Minnesota Pollution Control Agency's "Protecting Water Quality
in Urban Areas" shall be the minimum planning standard for a
conservation plan. Any other procedures must be approved by
the City prior to its use.
208.05 CONSERVATION PLAN REVIEW
1. The City may designate the zoning or planning director,
building inspector, engineer or a designee of the Anoka County
Soil and Water Conservation District to review the
conservation plan and time schedule.
2. If the City determines that the conservation plan and time
schedule will control erosion and sedimentation, the City
shall issue a permit that authorizes the development activity
contingent upon the implementation and completion of the
conservation plan. If the City determines that the
conservation plan and time schedule do not control erosion and
sedimentation, the City shall not issue a permit for the
development activity. The conservation plan and time schedule
shall be re-submitted for approval before the development
activity can begin.
3. A person engaged in a development activity who does not submit
a conservation plan and time schedule or make satisfactory
progress to complete the plan and schedule is subject to
penalties described herein.
4. Occasionally, erosion control strategies will not be feasible
or practical in all instances. When this occurs, the City
shall take into account the facts and peculiarities of the
specific situation and make a decision given the available
information and overall circumstances.
208.06 DESIGN STANDARDS
1. All open channels and ponds shall be designed to prevent
damage from a 100-year storm of 24 hour duration.
2. All conveyance systems shall be designed for the 5-year storm
of a minimum 20 minute time of concentration.
3. Landscaping, streets, storm sewers, and other drainage and
erosion controls shall be installed as early in the
construction schedule as is practical.
4. The area and duration of exposure of disturbed soil shall be
kept to a practical minimum.
Ordinance No.
Page 6
5. Whenever feasible, natural vegetation shall be retained,
protected, and supplemented.
6. Where there is inadequate vegetation to protect erosion prone
areas during or after development, temporary or permanent
vegetation and/or mulching shall be established.
7. • Cut and fill slopes shall not be steeper than two (2) to one
(1) unless stabilized by a retaining wall or cribbing or as
approved by the City Engineer.
8. Cut and fills shall not endanger adjoining property.
9. Fill shall be placed and compacted so as to minimize sliding
or erosion of the soil.
10. Fills shall not encroach on floodways, natural water courses,
or constructed channels.
11. Grading shall not be done in such a way so as to divert water
onto the property or another landowner without the written
consent of that landowner.
12. Provisions shall be made to prevent surface water from
damaging the cut face of excavations or the sloping surfaces
of fills.
13. The use of debris basins, sediment basins, silt traps, or
similar measures may be required to trap sediment in run-off
water until a disturbed area is stabilized. Oil skimmers are
required on all temporary or permanent treatment, detention,
or retention ponds.
14. The use of ponds for temporary storm water storage is
encouraged to reduce peak rainfall run-off and peak stream
flows.
15. Land shall be developed in increments for workable size such
that adequate erosion and sedimentation control can be
provided as construction progresses. The area exposed shall
not be exposed for a period of time exceeding sixty (60) days,
unless otherwise established in the permit. Ground cover
shall be established as soon as possible after work is
completed.
16. Development on slopes over eighteen percent (18%) in grade
shall not be considered. On slopes with a grade between six
(6) to eighteen (18) percent, development shall be carefully
reviewed to ensure adequate measures have been taken to
prevent erosion, sedimentation and structural damage.
Ordinance No.
Page 7
17. Erosion and sedimentation control measures shall be
coordinated with the different stages of the development;
appropriate control measures shall be installed prior to
development when necessary to control erosion.
18. The following measures shall be taken to control erosion
during construction.
A. Exposed slopes steeper than ten (10) feet horizontal to
one (1) foot vertical shall be sodded to minimize
erosion.
B. At the foot of each exposed slope, a channel and berm
shall be constructed to control erosion. The channelized
water shall be diverted to the sedimentation basin
(debris basin, sediment basin, or silt trap) before being
allowed to enter the natural drainage system.
C. Along the top of each exposed slope, a berm shall be
constructed to prevent run-off from flowing over the edge
of the slope. Where run-off collecting behind said berm
cannot be diverted elsewhere and must be directed down
the slope, appropriate measures shall be taken to prevent
erosion. Such measures shall consist of either an
asphalt paved apron or a method as approved by the City
Engineer. At the base of the slope, an energy dissipater
shall be installed.
D. Exposed slopes shall be protected by whatever means will
effectively prevent erosion considering the degree of
slope, soil materials, and expected length of exposure.
Slope protection shall consist of mulch, burlap, jute
netting, sod blankets, fast growing seeds or temporary
plantings of annual grasses. A mulch shall consist of
hay, straw, or other approved protective materials.
Mulch shall be anchored to the slopes by an approved
method to provide additional slope stability.
E. Control measures, other than those specifically stated
above, may be used in place of the above if it can be
demonstrated that they will effectively protect exposed
slopes and are approved by the City Engineer.
F. Temporary erosion control devices shall be installed
before existing ground surface is disturbed and shall be
maintained until vegetative cover is established.
Ordinance No.
Page 8
•
G. Any surface water leaving the site will not adversely
impact the adjoining water quality.
19. When construction work is completed, topsoil meeting MnDOT's
Specifications 3877 shall be spread over the developed area
and turf establishment started. The soil shall be restored to
the minimum depth of four (4) inches and seed and mulch worked
into the area.
208.07 SECURITIES
Implementation of the conservation plan in conjunction with a
building permit, shall be secured by the requirements of Chapter
205, Section 205. 05.06 A(3) . Where a conservation plan is required
in conjunction with a land alteration permit, a letter of credit,
performance bond, or certificate of deposit shall be required to
insure implementation of the conservation plan. The security shall
be in the amount of the cost to complete the improvement. If
erosion control measures are not implemented and maintained during
the construction period, the security shall be cashed by the City
and used to implement said erosion control measures. The security
shall be deposited with the City prior to commencement of the
project.
208.08 SEVERABILITY
Every section, provision or part of this Chapter is declared
separable from every other section, provision, or part to the
extent that if any section , provision, or part of this Chapter
shall be held invalid, such holding shall not invalidate any other
section, provision, or part thereof.
208.09 PENALTIES
Whoever does any act forbidden by this Chapter or omits or fails to
• do any act required by this Chapter shall be guilty of a
misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of the Fridley City
Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF
1993.
WILLIAM J. NEE — MAYOR
ATTESTED:
WILLIAM A. CHAMPA — CITY CLERK
J
rEAE--1J STAFF REPORT
Community Development Department
Appeals Commission Date
Planning Commission Date : February 10, 1993
City Council Date
REQUEST
Permit Number SAV #92-03
Applicant Mike/Bob Schroer
Proposed To vacate street and utility easements
Request
Location 7620 University Avenue N.E.
SITE DATA
Size
Density
Present Zoning C-3, General Shopping Center
Present Land Use(s) Retail
Adjacent " C-3, General Shopping Center to the north and east;
Zoning C-1, Local Business to the west and south; C-2, General
Adjacent Land Use(s) Business to the south
Retail
Utilities
Park Dedication
Watershed District Six Cities
ANALYSIS
Financial Implications
Conformance to the
Comprehensive Plan
Compatibility with Adjacent
Zoning and Uses
Environmental
Considerations
RECOMMENDATION
Staff Approval •
Appeals Commission
Planning Commission
Author MM/dn
11
P
•
SAV #92-03
Mike/Bob 5Schroer •
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Staff Report
SAV #92-03, by Bob's Produce Ranch
Page 2
Request
The petitioner requests that two easements be vacated:
1. A ten foot sanitary sewer easement.
2 . A 50 foot street and utility easement.
These are located on Lot 1, Block 1, East Ranch Estates 4th
Addition. Vacation of these easements will prevent encroachment
by the addition to the Bob's Produce Ranch facility located at 7620
University Avenue N.E.
Analysis
The sanitary sewer easement was originally dedicated as part of Lot
1, Block 1, East Ranch Estates 1st Addition. There are no City
utilities located within the sanitary sewer easement. The easement
is parallel to the north lot line of what once was Lot 1, Block 1,
East Ranch Estates 1st Addition. As the property has been
replatted, the easement now runs through the middle of the
development parcel. A Metropolitan Waste Control Commission
sanitary sewer easement is located directly north of the subject
easements and the City has utilities located there. The subject
sanitary sewer easement is redundant and unnecessary.
The 50 foot street and utility easement was dedicated as part of
East Ranch Estates 3rd Addition. It appears that the intent of the
easement dedication was to connect 77th Avenue N.E. to the west
through the development parcel. The City recently vacated a
portion of 77th Avenue N.E. on the west side; therefore,
maintaining the 50 foot street and utility easement would not be
logical. The street system in the area provides adequate access
to the subject parcel and adjacent parcels, therefore, maintaining
the 50 foot street and utility easement is not necessary.
The utility companies have reviewed the request and have no
objection to it. The City has retained appropriate easements for
the utilities in the area.
Recommendation
Staff recommends that the Planning Commission recommend approval
of the vacation request, SAV #92-03 , to the City Council as the
subject easements are not needed.
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E. �.}.
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FRIDLEY,MN 55432 tt ""'� ;
(612)571-3450 ` , COMMUNITY DEVELOPMENT ADEPARTMENT; 4: :1 $ ii4 •
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VACATION APPLICATION F ` R " d R
f PROPERTY is
INFORMATION 'site plan required for submittal;see"attached k:
Address: ,r/ `` y '1w k r
j` k` thy, t
Property Identification Number(PIN) R 1) 3C) -?4- 2 -aj/P ".
Legal description: Lry./- I (?[r _ l Pal I- en,u ph cos /tp,, 14)!-OcD iq%i
Lot / Blockr;
Tract/Addition I _
Legal description of easement to be vacated: ``
Current zoning:
Squartte� footage/acreage -
Reason for vacation: - .�- �-�,A inn� , L.' : `� 4
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.;tN emu ' ,. �.,,,,�� ;.► a ��•
Have you operated a business in a citys `Aiei-h "° PlQCe t0 O which required'a business license? a +%, tf
Yes No If yes,which city?
If yes,what type of business?
Was that license ever denied or revoked? ,Yes F . t . No. ' <'
FEE OWNER INFORMATION (as it appears on'.the property!title)
(Contract Purchasers: Fee/Owners must sign this form.prior to processing) - .,;.
NAME Ro b,.i4 P. -�roe j (treul Kaark rr ti/ )
ADDRESS ?6 t2() ('Jviid . I�tVE
--rcdtL y /2i S�.S4�,3� z DAYTIME PHONE ,i'� '
SIGNATURE
DATE /012d/9.2 E ..
PETITIONER INFORMATION
NAME Spi43 a rihaVP
ADDRESS
DAYTIME PHONE
SIGNATURE g -
DATE lti13'/yam-
Fee: $150.00 t
Permit SAV# D R ipt# UOO i /�q/� ''
Application received by ,r �i
?,,: Scheduled Planning Commission date love `I D�.41°Iii t
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�Sclteduled Ci Commission T
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