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02/10/1993 ( , PLANNING COMMISSION MEETING AGENDA WEDNESDAY, FEBRUARY 10, 1993 7:30 P.M. Public Copy Planning Commission :r:,t2t8rt.c:tr:.:rt.:.;>:>.:.-:,:...r.....:-.,a,:,,.:..a............ .........,...,.,.......... .,.,.uv,...,ara.:u.c.t.:,:,.n. .... 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 ,:tsabiststa.dt.t t•,.trt,•t u>,a.a:a> .. ..::,;:..,:.,:.: .; .:.,.. •,•... ..,•...•.,..,i,> tst•i••,., ...•.................................. .....,.,......,,.. ..,..,..,,.,.. ..., •..o,. ..,...>o,.. ,•oo >. , 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. $iel,aff, to adjourn the Chairperson Upon a voice vote, all voting aye, Betzold 1992, planning declared the motion carried, and the December 16, Commission adjourned at 8:30 p.m. Res ectfully submitted, y e Saba Re ording Secretary FEB 10 '93 15:42 BARNA GUZY & STEFFENGER ROBERT n OUZY BERNARD E.STEFFEN RtCHARF;A.MF flIL1. \,• ACT$FRT<:•HYNESBGS Hth. 1tIC:HARUA.BEENB ?A`fE�. 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 WWW111111,111111.Trrrr7777777777,T, <.iFiir2iii2iii2i23ii232iYf25:727„i.iT2:i2i2?2}3377 } 2) 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 ,r , v.v.a.a.......v..a... .....v.an.a.a.v...............a...... .,, ,.........s.w•.v w..raw>t•<wC•<%4Hfifl•ff 1 • a v 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 • , ., ; . , , . •R • 7, ,, d.,;;: l •-. - -••• .____•• , 1-1 „• , 4 :.,-; 0 et- s - 1 /.11 .P4 to ect: - -,.. PM.) , I S \ .,1 r, ..: : • Nigil, .. ,:,p" , 0, ,„, 3 0: :(?),, - I 2 9 6 .1'.' 7 ” i ' '‘ 5 !‘ .j 7 r i.6. 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T • ,a•...i:.•:.::-: -4- 04)1"Ns: . ... i 7 -AA-Atit A rrrEl <�1:4 , .maillgti n %; r; , .74 rr .. ,)4 - / / 1:! i5551% • • • .r" . -1;,. . .N/ e-• 1111111 si . ,, . a . .. .* ., .., , ,, ,.,a13h - . - ' _ 4 ' _ y , ..------ . ,-„,• /A Wail ,„ Yulir 1 ., . ,„ ,- ,,.„ ..-- ,t, A-A\ 1 C ZONING MAP a • 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. • - AIM SAV #92-03 Mike/Bob Schroer ! 3 I MM r E a 1 W • w $ f is I • 1 _� V i s== li _ 3�! ill ��2.1W diticfli Ix I • .: ; i i a a 3TI A 3 a: ,S3 353 . j@@1. 'F • nW . 1 11 i? 1i i SD 4 :3 �; ;ill Z 131 al nil • a) . at I W I if.• tll nth • m E lllil • //� '�w ••.p a V/ Y/ e Wiii -- - .- --Z—c r 1 i I ca. •tv«,.4- CO CO .. •J __ ' *save �w-• Cl) CC - i i I I &v+a ter- 1 it c-;:0e..... \ -1---t- • I I 1.14i., . sg t1 Ip•N, '� .\ ; ; ii i t I 1, �� \11 \ •• 6, • .... ' Igli . 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CrO0C ..MCCiigIZO0ON 31113913 PeOLIJOAO - 7° "- -.'' -.1216ribilakit- 00 ge .C.„_ - _ ____„3:0...:_-_' . ___ 1 I i I I . .444 CF i * F"i\ YA �yY y,<` T *? t, *',d,� ' , ; x ,, ,4 e t 1 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. �.}. 1 .Y %Ntht',.1i,' Z•T q. -'f3e- F: FRIDLEY,MN 55432 tt ""'� ; (612)571-3450 ` , COMMUNITY DEVELOPMENT ADEPARTMENT; 4: :1 $ ii4 • i 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 ' .;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 g �Sclteduled Ci Commission T ' ry COuriC]fl date 'z . ; ' K 'his,`�r�. 1 `�i, '�,r �� r �F�A' "`�'`.d4t'•-#, ,s; St 4' 3,4 ��� +J ',- '} ���t S�nk s"'+ jc . 34 t �, Y.t a - i, ,uit• yt ix c .1).i0+t, 7*. 5 ',,,. a..n rc + } �'`;, 1 f •ra . 6 , V. 't. 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