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PL 10/24/1990 - 7138City of Fridley. A G E N D A PLANNING COMMISSION MEETING WEDNESDAY, OCTOBER 24, 1990 7:30 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER• ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: October 10, 1990 CONSIDERATION OF A SPECIAL USE PERMIT SP #90-08 BY JOHN BABINSKI: Per Section 205.17.O1.C.(11) of the Fridley City Code, to allow exterior storage of materials on Lots 1 through 20, Central Avenue Addition, generally located at 1290 - 73rd Avenue N.E. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #90-17 BY LYNN AND CHRISTINE HANSEN: Per Section 205.24.05.B of the Fridley City Code, to allow an accessory building in the CRP-2 District (Flood Fringe) on Lot 13, Block 4, Rice Creek Plaza North Addition, generally located at 230 Rice Creek Boulevard N.E. PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE AMENDMENT REGARDING MOTHER-IN-LAW APARTMENTS PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE AMENDMENT FOR LANDSCAPE REOUIREMENTS RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MEETING OF SEPTEMBER 18 1990 OTHER BUSINESS• ADJOURN• PLANNING COMMISSION MEETING, OCTOHER 10, 1990 PAGE 2 the inability of these trailers to be screened according to the requirements of the Zoning Code. Ms. McPherson stated that the Planning Commission tabled the item to allow the petitioner time to explore a building expansion alternative to eliminate the need for five trailers. Staff inet with the petitioner and the building owner on June 6, 1990, to discuss the expansion alternative. A proposed site plan was developed to present to the Planning Commission on June 20, 1990. Ms. McPherson stated that on June 20, 1990, the Planning Commission again voted to table the request for 90 days to allow the petitioner to find out if Sears management would authorize the building expansion. Also, at that time, the petitioner indicated they would be leasing additional space in the shopping center across the street. Ms. McPherson stated that on September 13, 1990, staff contacted the petitioner to determine the status of the proposed expansion. At that time, the petitioner indicated that Sears management would not be authorizing any expansions for 1991. The petitioner also indicated that his request would be reduced to one live trailer located at the loading dock and two dropped trailers for storage. Ms. McPherson stated there is still no effective method of screening the trailers to meet the ordinance requirements. This results in a negative impact on traffic, access, and parking. Staff again recommends that the Planning Commission recommend denial of the request to the City Council. However, if the Commission chooses to approve the request, staff recommends the following stipulation: 1. There shall be no more than one live and two dropped trailers located at the rear of the Sears Outlet building. Ms. McPherson stated that in a discussion with staff prior to the September 26, 1990, meeting which was cancelled due to a lack of a quorum, the petitioner indicated that three dropped trailers (low boy-type trailers without wheels) were actually needed in addition to the one live trailer located at the loading dock. Mr. Bob Bushey stated they have opened Sears Outlet 2 across the street and that has helped alleviate some of the need for trailers; however, not totally. Last month, he made a concerted effort to try and eliminate the trailers. He got down to one low boy trailer and one live trailer, but this had a dramatic impact on their business volume. Sales were down 14� which represents about $100,000 in sales. He did not think he can get along without any trailers. PLANNING COMMISSION MEETING, OCTOBER 10. 1990 PAGE 3 Mr. Bushey stated that Ms. Dacy and he have looked at some alternatives to see if there is a way of screening the low boy trailers. Mr. Bushey stated they get loads from Kansas City loaded for one store. So, they are shuttling loads of inerchandise to the Sears Outlet 2 store which necessitates one of the trailers being on wheels. The live trailers are charged trailers; and if he doesn't get rid of those within 48 hours, he has to pay $50/day for rental. He would like to rent trailers from a local rental place and have one on wheels to shuttle merchandise across the street. Mr. Bushey stated one of the reasons Sears management decided against any expansion is because the Sears Outlet store has a four year lease. There is some possibility that in four years, they may not be able to renew their lease. With that possibility, it is very uneconomical for Sears to expand. Also, any expansion would not be big enough to pay for itself. Mr. Betzold stated that if they approve the special use permit, can they limit the special use permit to four years when the lease is up? Ms. Dacy stated the Commission could stipulate that the special use permit be reviewed in four years. Once the special use permit is granted by the Council, it will run with the property unless the Council finds reasons to revoke it. Ms. Dacy stated it is pretty clear that there is absolutely no way to screen all the trailers from northbound Highway 65 from the Shorewood lot. Some of the things she and Mr. Bushey discussed to minimize the view was a chain link fence with slats or a wood fence in a north/south fashion or at the west end of the building. The problem with the chain link fence is that the trucks need quite a lot of area to back up, so they cannot have any blockage. Some type of fencing at the west end of the building may help; however, it might take away some parking spaces. Mr. Dahlberg asked about the approximate location of the existing trees. Ms. Dacy stated there are three very large trees behind the building. Mr. Bushey stated the trees are about 50 feet from the west side of the building at the rear. Mr. Bushey stated he would not have a problem with building a berm with a fence if that is what the City wants. It would be easy to landscape if it was lined up with the edge of the building. pLANNING COMMISSION MEETING OCTOBER 10 1990 PAGE 4 Ms. Dacy stated there are three options for the Commission to consider with this special use permit request: 1. Denial of the special use permit 2. Approval of the special use permit with no stipulations or stipulation recommend by staff 3. Approval of the special use permit with two stipulations: (1) the petitioner work with staff to install suitable screening at the west end of the building; (2) the special use permit be reviewed in four years MOTION by Ms. Sherek, seconded by Ms. Modig, to close the public hearing. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PDBLIC HEARING CLOSED AT 7:50 P.M. Mr. Dahlberg stated screening seems to be a viable option. In lieu of Sear's position with a four year lease, it did not seem in Sears' best interest to spend dollars on a building when the future is uncertain. He believed a landscape treatment in combination with a fence would be more palatable than just a chain link fence with slats or a wood fence. He is not sure where this screening should be located. The farther away the fence is located from the element being screened, the less effective it is. To be effective, the fence should be right next to the element being screened. If staff is able to work with the petitioner to determine the most appropriate location for a screening element, that would be an option to consider. Ms. Sherek stated the other option is reviewing the special use permit in four years. Normally, a special use permit runs with the property but in the past, the Commission has stipulated that a special use permit be limited to a certain tenant. Ms. Dacy stated the Commission could do that if they wanted. Mr. Betzold stated he certainly does not like the existing situation at Sears. The rest of the area is looking very nice, and this is an eyesore. He would like to see the trailers eliminated; but if that shuts down the business, then that is too drastic. Based on Mr. Bushey's comments that the store may not be able to renew its lease in four years, he could put up with this a little longer and would be in favor of some type of screening. However, he would not support it if he knew the store was going to be there 10 years from now. Mr. Dahlberg stated he would be in favor of the stipulation for the special use permit to be reviewed in four years. Then, if the tenant is able to renew the lease and remain in this location, it PLANNING COMMISSION MEETING, OCTOBER 10. 1990 PAGE 5 might be profitable for Sears or the property owner to add onto the building and correct the situation. Mr. Bushey stated there are a lot of lives involved, he and his family included, and he is going to be trying very hard in the next four years to make it work. But, right now, they do not know what will happen in four years. In the meantime, Sears management is also pursuing another Fridley location. Mr. Betzold stated that maybe the Commission should deny the special use permit, and that will force the issue with Sears. Ms. Modig stated she did not agree. This is a business that has been in Fridley for 20 years. If they deny the special use permit and force the issue, they may lose Sears altogether. There are too many vacant buildings in Fridley now. She would be in favor of approving the special use permit with the stipulation that it be reviewed in four years, and then maybe something more permanent can be done at that time. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of special use permit, SP #90-06, by Bob Bushey of Sears Outlet, per Section 205.15.O1.D.(8) of the Fridley City Code, to allow exterior storage of materials on Lot 1, Block 1, Shorewood Plaza, generally located at 1000 East Moore Lake Drive N.E., with the following stipulations: 1. 2. 3. There shall be no more than one live and three dropped trailers located at the rear of the Sears Outlet building at any time. The petitioner shall work with staff on appropriate screening and landscaping and the appropriate location for the screening at the west end of the building. The special use permit shall be reviewed in four years or sooner if the tenant leaves or any expansion of the building is undertaken. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. Ms. McPherson stated this item will go to City Council on Monday, October 15, 1990. 2. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, SP #90- 16, BY DAVID AND VALERIA SLOVENSKY: Per Section 205.07.O1.C. (1) of the Fridley City Code, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, generally located at 7234 East River Road N.E. PLANNING COMMISSION ME$TING OCTOBER 10 1990 PAGE 6 MOTION by Ms. Modig, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BBTZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the petitioner is requesting a special use permit to allow the construction of a second accessory building over 240 sq. ft. The property is located at the intersection of East River Road and Logan Parkway. The property is zoned R-1, Single Family Dwelling. Currently on the site is a single family dwelling with an attached two car garage. Ms. McPherson stated the proposed second accessory building will be located adjacent to the garage area of the existing dwelling unit and will be used to store the petitioner's boat, trailer, lawn mower, and miscellaneous items. The petitioner will be accessing the second accessory building from the existing driveway which currently accesses East River Road. The petitioner's driveway is only partially paved and should be paved based on the Zoning Code requirements. Ms. McPherson stated the petitioner's lot is larger than the average lot in the City of Fridley. The lot coverage with the proposed accessory building is approximately 8.6�. Ms. McPherson stated Anoka County has been slowly improving East River Road to accommodate increased levels of traffic. The improvement requires an increase in the amount of right-of-way from the existing 50 feet to approximately 100-120 feet. In speaking with Anoka County staff, this is actually a federally funded improvement project, and they have not yet started the construction drawings for this portion of East River Road. The amount of additional right-of-way that will needed is not known at this time. Ms. McPherson stated the petitioner will need to grant easements for the additional right-of-way for the expansion of East River Road at some point in the future. The expansion has been scheduled for either the 1992 or 1993 construction season. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the special use permit request as the proposed second accessory building will have a minimum impact on the petitioner's lot and on adjacent properties. Staff is recommending five stipulations: 1. Access to the second accessory driveway shall be through the existing driveway. 2. The petitioner shall work with staff to grant the easements needed for additional right-of-way for Anoka County to expand East River Road. PLANNING COMMISSION MEETZNG, OCTOBER 10. 1990 PAGE 7 3. There shall be no home occupation in the second accessory building. 4. The accessory building shall be architecturally compatible with the existing dwelling unit. 5. The petitioner shall provide a hard surface driveway for the existing garage by September 30, 1991. Mr. Dahlberg asked about the intent of stipulation #2 relative to easements needed for additional right-of-way for the expansion of East River Road. He stated the reason he is asking this is because he lives on East River Road, and the County actually purchased property from him to expand the road. It was not a question of an easement. Because of the expansion, his property is now nonconforming as far as the front yard setback. Ms. Dacy asked if Mr. Dahlberg is saying that it could be inferred from this stipulation that the property owner would grant easements with no compensation from the County? And, by eliminating that stipulation, then there is no issue and the County has to approach Mr. Slovensky? Mr. Dahlberg stated that is correct. He stated it is in Mr. Slovensky's best interest to have the County come to him. If this stipulation runs with the special use permit, then potentially the City has to be involved in whatever negotiations occur relative to the County acquiring property or acquiring easements. He did not think that type of City involvement is suitable. Ms. Dacy stated Mr. Dahlberg has a very good point. She stated staff's intent was to make sure that the easement is somehow conveyed, but she agreed that the City may not want to be caught in the middle of any acquisition issue. Mr. Betzold agreed. The County can always go through the condemnation process if they cannot acquire the property. Mr. Dahlberg stated it might be appropriate to have something in the stipulation relative to noncompliance to setbacks, because of the property taken by the County. As in his case, if he wants to put on an addition to his house, he is restricted because he is now nonconforming relative to the front yard setback. Mr. Slovensky stated he would like to address stipulation #5. He added onto his garage about six years ago. He added on a 12 ft. x 20 ft. gravel section for parking his truck. The fifth stipulation is requiring him to hard surface his driveway by September 30, 1991. He would prefer to wait until the County widens East River Road so that he can tie his driveway in at that time. He stated he could hard surface his driveway now, but would pLANNING COMMISSION MEETING OCTOBER 10 1990 PAGE 8 have to tear it up again when the County expands East River Road. The County resurfaced East River Road about 6-8 years ago, and the pavement is 2-3 inches above his driveway now. Mr. Dahlberg stated Mr. Slovensky has certainly done a nice job of being conscious of how his property looks and in screening outside storage items. He did not have a problem with delaying the completion date for the hard surface driveway. Mr. Betzold suggested that staff review the status of the East River Road expansion in two years and then put a cap of one year after the expansion is completed for the driveway to be completed. MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRZED AND THE PIIBLIC HEARING CLOSED AT 8:25 P.M. MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of special use permit, SP #90-16, by David and Valeria Slovensky, per Section 205.07.01.C.(1) of the Fridley City Code, to allow a second accessory building, over 240 square feet, on Lot 29, Block 1, Oak Creek Addition, generally located at 7234 East River Road N.E., with the following stipulations: 1. Access to the second accessory driveway shall be through the existing driveway. 2. There shall be no home occupation in the second accessory building. 3. The accessory building shall be architecturally compatible with the existing dwelling unit. 4. Staff shall review the driveway issue in two years, and the petitioner shall provide a hard surface driveway for the existing garage within one year after the completion of the East River Road upgrade. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANZl�SOIIBLY. Ms. McPherson stated this item will go to City Council on Monday, October 15, 1990. 3. ESTABLISH PUBLIC HEARING FOR OCTOBER 24 1990 FOR LANDSCAPE ORDINANCE• Ms. McPherson stated a public hearing has been established for the October 24, 1990, Planning Commission meeting. She stated Mr. Robertson and she will be presenting a summarized version of the PLANNING COMMISSION ME$TING, OCTOBER 10. 1990 PAGE 9 ordinance amendments at the full Chamber of Commerce membership meeting at noon on October 11. Staff inet with the Chamber of Commerce Board on September 27, 1990, and answered questions. Staff has made some slight changes to the original draft. Ms. McPherson stated that as part of the presentation, staff took some slides of some existing developments staff has determined comply with the new requirements. These will serve as examples for the new Landscape Ordinance. Ms. McPherson stated staff had not received any controversial comments. Most people support the concept and have made some suggestions on clarifying the readability of some portions of the ordinance amendments. 4. ESTABLISH PUBLIC HEARING FOR OCTOBER 24. 1990, FOR MOTHER-IN- LAW ZONING ORDINANCE AMENDMENT: Ms. Dacy stated a public hearing has been set for the October 24, 1990, Planning Commission meeting. Mr. Betzold stated it might be a good idea to get some information out to the public regarding this issue. He suggested staff contact the Fridley Focus and have an article published in the Focus. 5. PROPOSED ORDINANCE AMENDMENT ON CONTROLLING SEXUALLY ORIENTED BUSINESSES• Ms. Dacy stated the City is evaluating the adoption of an obscenity ordinance, an amendment to the zoning ordinance controlling location and placement of sexually oriented businesses, and requiring a licensing procedure for these establishments similar to the process used for liquor establishments. Ms. Dacy stated this ordinance amendment will be coming before the Planning Commission in December. 6. REVISED COMPREHENSIVE PLAN SCHEDULE: Ms. Dacy stated that the City Council has directed staff that the Council wants to review the proposed drafts of each chapter prior to distribution to the advisory commissions. She stated her memo dated October 4, 1990, outlined the new schedule of the chapters and dates they will be submitted to Council prior to distribution to the advisory commissions. 7. RECEIVE AUGUST 6. 1990, PARKS AND RECREATION COMMISSION MINUTES• MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to receive the August 6, 1990, Parks and Recreation Commission minutes. pLANNINa COMMISSION ME$TING OCTOBER 10 1990 PAGE 10 IIPON A VOICS VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. 8. RECEIVE AUGUST 21 1990 ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded by Ms. Modig, to receive the August 21, 1990, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 9. RECEIVE SEPTEMBER 6 1990 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to receive the September 6, 1990, Human Resources Commission minutes. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 10. RECEIVE SEPTEMBER 10 1990 PARKS AND RECREATION COMMISSION MINUTES• MOTION by Ms. Modig, seconded by Ms. Sherek, to receive the September 10, 1990, Parks and Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 11. RECEIVE SEPTEMBER 11 1990 APPEALS COMMISSION MINUTES: MOTION by Ms. Modig, seconded by Ms. Sherek, to receive the September 11, 1990, Appeals Commission minutes. DPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 12. RECEIVE SEPTEMBER 13 1990 HOUSING AND REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Dahlberg, seconded by Ms. Modig, to receive the September 13, 1990, Housing and Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHlIIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 13. RECEIVE SEPTEMBER 25 1990 APPEALS COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Ms. Modig, to receive the September 25, 1990, Appeals Commission minutes. ' PLANNING COMMISSION MEETING, OCTOBER 10. 1990 PAGE 11 IIPON A VOICE VOTE � ALL VOTING AYE, CHAIRPERSON B$TZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 14. RECEIVE OCTOBER 2 1990. APPEALS COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to receive the October 2, 1990, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the October 10, 1990, Planning Commission meeting adjourned at 8:40 p.m. Res ectfully submitted, �� Ly e Saba Recording Secretary ', _ �� TAFF REPORT � S APPEALS DATE �'�� pLAMMV(` CON�MSSION DATE: June 20, 1990 ; September 26, 1990; F(ZlDLEY (�TY COI�IqL DATE October 24, 1990 �T� �/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION S1TE DATA SIZ E DENSITY PRESENT ZONING ADJACENT LAND USES 8► Zon�%:� un.rr�s PARK DEDICATION ANALYSIS F�VANCIAL IAAPI.JCATIONS CONFORMANCE TO COMPREi-�NSNE PLMI COMPAT�ILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL C�ONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP �i90-08 John Babinski Allow exterior storage of materials and equipment 1290 - 73rd Avenue N.E. 98,260 square feet M-1, Light Industrial M-1, Light Industrial to South and West; M-2, Heavy Industrial to East; C-1, Local Business to North Approval with stipulations Staff Report SP #90-08, John Babinski Page 2 Request The petitioner, John Babinski, is requesting that a special use permit be issued to allow the exterior storage of equipment and materials, generally located on Lots 1 through 20, Central Avenue Addition, the same being 1290 - 73rd Avenue N.E. The petitioner proposes to construct a screening fence along the Central Avenue boulevard to comply with the screening requirements. Site The site is zoned M-1, Light Industrial, as are the parcels to the south and west. There is M-1 and C-1, Local Business, zoning to the north, and R-3, General Multiple Dwelling, and M-2, Heavy Industrial, zoning to the east. Mr. Babinski's retail lumber and contracting business is located in the concrete building located in the southwest corner of the intersection of 73rd Avenue and Central Avenue. Onan occupies the building south of the petitioner's building and the two share a common drive off of Central Avenue. Analvsis Section 205.17.O1.C.(11) of the Fridley City Code requires that a special use permit be granted for exterior storage of materials and equipment. The petitioner has an existing storage area of 50 'x 90', for which a special use permit was not granted. Mr. Babinski was first cited in 1980 for lack of appropriate screening of outside storage of materials and equipment as required by code (Section 205.17.07.B.(1)). Recently, Steve Barg, Code Enforcement Officer, has been working with Mr. Babinski to remove the materials that are currently being stored in the front and rear yards of the parcel, or having him apply for a special use permit (please see attached code enforcement letters). As was stated earlier, the petitioner has an existing storage area surrounded by chain link fence with vinyl slats on the east side as screening. The materials currently being stored within this area are listed on Attachment A. An old MTC bus is currently being used within the storage area to store various types of plumbing materials instead of placing these within the warehouse structure. In addition, staff could not determine the direct relationship of some of the materials to the retail lumber business and contracting businesses. To comply with the screening requirements of the zoning code, the petitioner proposes to construct a screening fence along the east property line. The fence would extend east away from the building Staff Report SP #90-08, John Babinski Page 3 a short distance into the boulevard and then south along the property line (please see site plan). Staff was contacted by WoQdy Nelson of Onan Manufacturing regarding the special use permit request. Mr. Nelson inquired as to the status of the storage area; whether or not the petitioner would be in effect expanding this storage area. Mr. Nelson wanted to insure that there was adequate space for their semi-trailer trucks to turn around in order to access the loading docks on the north side of the building. Mr. Nelson indicated that it is extremely difficult for Onan to utilize the loading docks at the west end of the building, as it is difficult for their semi-truck trailers to access these loading docks due to the amount of materials stored by the petitioner. Update after June 20 1990 Planninct Commission Meetinq The Planning Commission tabled action on this item to allow the petitioner time to explore the option of expanding the building. A warehouse expansion was rejected by the petitioner as it was too expensive. The petitioner has indicated that the existing storage area will be cleaned in order to store all the equipment within the storage area . The equipment that does not f it within the storage area will be relocated to another site. The petitioner indicated that this could be completed by November 15, 1990. In addition to the items in the rear yard, there are several items still being stored in the front yard (see Attachment A). The petitioner has moved the school bus to another site. The petitioner indicated that he would like to store the tractor- trailers in the front yard permanently, due to the amount of vandalism they have experienced. The Code prohibits storage of materials and equipment in the front yard, therefore, staff cannot recommend approval of this request. Since the building expansion will not be built, and the storage area will not be expanded, the issue raised by Mr. Nelson of Onan has been resolved. There should not be any conflict with the access points for Onan. Recommendation and Stipulations The special use permit request is consistent with the uses outlined by the M-1 zoning requirements. The proposed fence will allow the petitioner to meet the screening requirements of the zoning code. Staff recommends that the Planning Commission recommend to the City Council approval of the special use permit request, SP #90-08, with Staff Report SP #90-08, John Babinski Page 4 the following stipulations: 1. The existing storage area shall be cleaned of materials not directly related to the retail lumber and contracting business, and shall be used to store only heavy equipment directly related to the retail lumber and contracting business. Clean up shall be completed by November 15, 1990. 2. Flat bed trailers shall be allowed to be stored outside the storage area in the rear yard at the loading docks. 3. The existing storage fence shall be re-slatted. 4. The petitioner shall install an 8 foot high wood fence and 3 boulevard trees along the east property line. The fence design shall be approved by staff prior to installation. The boulevard trees shall be a minimum of 2 1/2" caliper. PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, June 20, 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 08, by John Babinski, per Section 205.17.O1.C.(11) of the Fridley City Code, to allow exterior storage of materials on Lots 1 through 20, Central Avenue Addition, generally located at 1290 - 73rd Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: June 6, 1990 June 13, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP 4�90-08 John Babinski Bryant Franklin Corporation ]290 - 73rd Avenue N.E. Fridley, MN 55432 John Babinski 1290 - 73rd Avenue N.E. Fridley, MN 55432 Limpro Inc. 1223 - 73rd Avenue N.E. Fridley, MN 55432 Harold Haluptzok 16971 Ward Lake Drive Anoka, MN 55303 Jim Haluptzok 1230 - 73rd Avenue N.E. Fridley, MN 55432 Sam's Auto Parts ]240 - 73 1/2 Avenue N.E. Fridley, MN 55432 Ed Waldoch 7340 Central Avenue N.E. Fridley, MN 55432 Ed Waldoch ]228 - 13th Street N.W. New Brighton, MN 55113 Determan Welding 1241 - 72nd Avenue N.E. Fridley, MN 55432 James Determan 1780 - 118th Avenue Blaine, MN 55434 Ron Pearson 1309 - 73rd Avenue N.E. Fridley, MN 55432 Rajendra Dhir 1313 - 73rd Avenue N.E. Fridley, MN 55432 MAILING LIST Planning 6/5/90 Council Rajendra Dhir ]3304 Fordham Avenue Apple Valley, MN 55124 Onan Corporation 1400 - 73rd Avenue N.E. Fridley, MN 55432 Joseph Miller, Jr. ]400 - 73rd Avenue N.E. Fridley, MN 55432 Planning Commission Chair City Council Members 32 ,� L� �vE.- . N.f. `�". ---":- . � ./� - � � !'N,I M.A • rw •� -' iiN�f � � W ��.. ��K% i \ '4 � ' : �w% �• ,' � • ` t� � i . 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It 33 .......�;_ .:�,.-�. � 34 �4 LOCATIVN nnAr SP ��90-08 John Babinski ZONING MAP SP 4�90-08 John Babinski SITE PLAN Soecial Use Permit Aoalication Reasar� fc�r spec i a 1 use perrn i t Jahr� Pabinsk.i is the c�wner of B�binski, Ltd. B�bir�ski Ltd. is a whalesale/retail lurnber and rnillwark s�tpplier aa while as a e>:cavat ir�g cc�r�tr�ctar. As such, Pabinski Ltcl rec�ives 1 ��rnber by the truck. lc�ad. At t irnes r�ot al l the l��rnt�er car� be str�r,ed inside the bui ldir�g or, the fer�rPd area. Alsc�� betwPer� excavati»g �atrs r�at all the equiprner�t car� be st�-�r�PCI i r�s i de t he fenced ar,e�. Ther,efare, we zre requestir�g 1 urnber and eq �_� i prnent i n t he the fer�ced area, Ta shield the p�_+bl ic right c�f way we a the ald Central Aver�ue side plar�. a speci�l use perrnit ta stc�r� r,ear c�f the hui ldir��g c��_�tsidFa ��f t he eq �� i pment and 1 urntti�r f r�-�rn r� e p r�� po s i r� g t�� b�.a i I cl a f e r� c� �� n af the buildir�g as sh�_,wr� ��r� tFie Attachment A Exterior Storaqe Items - Babinski Ltd. In fenced storage area: Paint buckets Plumbing supplies Gas tanks Iron pieces MTC bus - used as warehouse space Heavy equipment Siding and roofing materials Miscellaneous unidentifiable items Outside in rear of building: Three caterpillars Two forklifts Four dropped trailers Five flatbed trailers Two trucks Scraper Dumpster is outside Pallets Miscellaneous shipments Outside in front of building: Motorhome Trailer Three green trucks ' �/ / �`ti �/ � ' _ ;�' � :� ;�� - :. � P /�`�, r, � May 12, 1980 � �IT�' Q� ��LEY A431 UNIVERSITY AVEMUE N.E.. FRIDIEY� MINNESOTA 66132 � Mr. Jo hn Babinski t Babinsri Limited Liunber � f 1290 - 73rd Avenue t7.E. r Fridley, MN 55432 TELEPHONE ( 612)571-3150 Re: Screening of Outside Stored Materials and Equipment at 1290 - 73rd Avenue tJ.E. (SECOND NOTICE) � Dear Nir, Babinski: Enclosed please find this department's letter dated April 2, 19�0 which brought to your attention the need to provide and maintain approved screening around the outside stored materials and equipment located on the above listed property. As in dicated, a reinspection was conducted on May 8, 19dQ at which time it was deter•nined t�at r.o effort has been made to correct this vis�lation. Therefore, the City must again require you to either r�nove all of tze outside stored building supplies from this property or provide and maintain an approved screening f ence to cor.ceal any outside stored materials and equiFanent or place this material within tha confines of a building. A reinspection will be conducted on or about May 27, 1980 to determine compliance. We are confident in your'cooperation �destions or �roblems Fridley a better ��'ityleaselfeellfree.t Zcontactume at 571-345�. result from this letter, p Failure to abate this violation will result in this matter being turned over to the Cit Prosecutor for nis le�al consideration. Sincerely, STEV E J. OLSOII, R S. Environmental Officer SJO/tah II�C: 1 ' CC: Mr. John D. Babinski, 7296 Central Avenue N.E. Dir. John D. Babinski, 331 Rice Creek Terrace t1. E. � . � C�TY OF FRl DLEY FRIDLEI' Ml,'!�ICIPAL CE�TER • 6331 l,'N1�'ERSITI' AVE. N.E. FRIDLEI'. h!ti 55�332 •(612) 571-:�450 • FAX t61?i 571-1�t+7 I�Iay 9, 1990 John Babinski Babinski Limited 1290 - 73rd Avenue N.E. Fridley, 1rIId 55432 RE: First Notice of Noncompliance at 1290 - 73rd Avenue N.E. Dear Mr. Babinski: The City of Fridley has established a City Code for the purpose of promoting a pleasant and attractive 6uburban environment. The above referenced business is located in an M-1, Light Industrial, Zoning district. A recent inspection of this property revealed that not all of the requirements pertaining to an M-1 district are presently being met. Listed below are the items which are in noncompliance: 1. Discontinue unscreened storaqe of all materials and equipment located to the south of the building (City Code copy enclosed). 2. Discontinue storage of trailers and school bus located in parking area north of the building (City Code copy enclosed). Your prompt attention is correcting this situation would greatly assist in helping make Fridley a better place to live. An inspection will be conducted on or about Kay 28, 1990, at which time compliance is expected. Please call me at 572-3595 if you have questions or wish to discuss this further. Thanks for your cooperation! Sincerely, Steven Barg Planning Assistant SB:ls C-90-254 office makes a final decision on the site expansion She would recommend tabling the request for 90 days. The other Planning Commission members were 'n agreement. MOTION by Ms. Sherek, seconded by M. Saba, to table special use permit request, SP #90-06,, by Rob Bushey for Sears Outlet Store, per Section 205.15.O1.C.(8) the Fridley City Code to allow exterior storage of materi s on Lot 1, Block 1, Shorewood Plaza, generally located at 100 ast Moore Lake Drive N.E. , until a final determination is ma by Sears' corporate office, or 90 days, whichever comes s er. IIPON A VOI VOTE, ALL VOTZNG AYE� CHAIRPERSON BETZOLD DECLARED THE MOTZ CARRIED IINANIMOUSLY. Mr. ushey stated he certainly appreciated the extra time granted the Planning Commission. 3. PUBLIC HEARING CONSIDERATION OF A SPECIAL USE PERMIT. #90- pg BY JOHN BABINSKI: Per Section 205.17.O1.�C. (11) of the Fridley City Code to allow exterior storage of materials on Lots 1 through 20, Central Avenue Addition, generally located at 1290 - 73rd Avenue N.E. MOTION by Mr. Saba, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAZRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated this request is for the exterior storage of equipment and materials at 1290 - 73rd Avenue. The petitioner occupies the yellow building at the intersection of 73rd and Central Avenues. The property is zoned M-1, Light Industrial, and there is additional industrial zoning to the south and west. The petitioner's site shares a common driveway with the Onan build�he to the south. In order to screen the outside storage, petitioner is proposing to construct a fence along the public right-of-way on the east side of the property. Ms. McPherson stated that in 1980, the petitioner was cited for lack of appropriate screening of outside of materials and equipment as required by Code. Recently, Steven Barg, the City's Code Enforcement Officer, has been working with Mr. Babinski to either remove the materials that are currently being stored in the front and rear yards of the parcel or apply for a special use permit. Ms. McPherson stated the petitioner does have an existing fenced storage area on the south side of the building. The materials currentlnt bA lof the St f f Reporthis Currently aran ld MTCS bus is Attachme � Zp 99° iri JIINE and� ZNG CO�ISSION MEETING e5 of plu�ing materialsi of So�e LANN various tYP e the direct relabusiness and to store determin �ontracting eirg , used �ould not � lu�er Staff etltioner S �dditlOn� to the P on the propertY,tO naterials business. ate space which would 91ve �x�a�atinq 5 ace. In is aae� addition ouse P at there Wareh�use Wareh e items th erson stateX 1�� ft, ft. of there ar T�ese M5. T+icPh 55 tlonal 5�500 Sq• ards• ft. ea, �onstruct a addi Storaqe ar and rear Y ort. etiti�ner an ems within the the front Staff Rep tY�e p ion tO thebe n9 stOrea ln ent A�f the ct a addi ent1Y on Attachm osinq tO �onst ow the are curr listed is prop d foll are also oner which woul to �omP1Y items on stated t eas e propertY 1 ow the petiti�ner M5, NlcPhers a1on9 the ce would allZOnin9 code. SOl ld �f boulevara • Tr i�irement of the woody Nelson of Onan publithe S�reenir►q as �onta�ted at tY�e t for Ona �5 Stor W lth staf f W be aif f icul t 5 of ti�e two erson stated itcis as it aan dock l,qs , NIcPh Mr , Nelson was The a t� jg pazkin9 thal a y oration• er than, 5. t � o r P a n Y lar9 l o a d i n 9 dock � o n � e r ned t h i s be expande d ty�eir that acc e s s a n wi t h so pelson was interfere trucks t� access e r ed M r. loadinq are Staqg er, cou l d the este r n buildin95 ea�h oth age area to w With of the storlt the a�cess interfer eXPansiO and would lim tent sis fur ehof a�tivitY it request isents. The aopk areas' ecial uSe pe oning re�lrthe s�reenine Stated the Sp the M-1 Z to �eet ends that th erson etltiOner recomm of the MS, M�Ph uses outlined oWy the P Staff roval would all e. with the cod �ouncil ap tions: proposed fen� of the zonin9 to CitY owing stipula r�eSt wlth the fO11 materials requirements ed of tin9 Commission �lean a�d �ontraa Plannin9 use permlt shall be owing special Storaqe area etail lumber the f oll 1. The exiectly related to usearto Store on1Y not dir and shall be buSiness items� illars a- tYiree caterp b• one f�rklift c. one scraper d. pallets one crane e• a daily basis 2. Vehi� a outside the storaqe area• store shall be allowed to be PLANNING COMMSSSZON KEETING, JIINE 20. 1990 PAGE S 3. The existing storaqe fence shall be reslatted. 4. The petitioner shall designate parking spaces at the rear of the building for the tractor trailers currently parked in the front yard. 5. The petitioner shall discontinue outside storage of the follow.ing items which are currently stored in the front yard: a. school bus b. motorhome c. trailer 6. The petitioner shall install an 8 foot high wood fence and 3 boulevard trees along the east property line. the fence design shall be approved by staff prior to installation. The boulevard trees shall be a minimum of 2 1/2 inches caliper. Ms. Dacy stated the petitioner has advised staff that they might want to pursue constructing additional warehouse space, and the Planning Commission may want to encourage the petitioner to explore that option. Mr. Betzold asked if the petitioner is aware of Onan's concerns. Ms. Dacy stated staff gave a copy of Mr. Nelson's letter to the petitioner. It is staff's understanding that Mr. Nelson is concerned about the expansion of the storage area, and it is staff's intent to limit the storage area to what is existing and not to increase the storage area beyond the existing fence line. Mr. Saba stated he is on the property. Have done for this area? concerned about the materials being stored any environmental impact or soil tests been Ms. Dacy stated that according to the petitioner, the storage area is blacktopped and not raw earth. To staff's knowledge, no soil tests have been done in this area, and that is the reason staff is recommending the area be cleaned up and used only for the equipment needed for the buande he. has aassured staff that he Pwi llseparate the petitioner, those materials. Mr. Saba stated there is a storm sewer right outside the storage area. Any contaminants will wash down the blacktop riqht into the storm sewer. � LANNING COMMISSION MEETING. JIINE 20. 1990 pAGE 9 Ms. Dacy stated there is also a continuing concern about the property next door and the outside storage for a welding and tank operation. If there is any contamination, it is probably coming from that location. The bottom line is that they all want the petitioner's outside storage area cleaned up. Ms. Sherek asked what the .zoning code says about outside storage of materials 1 terials relatedltortheSparticular� business,tor can equipment and ma anything be stored outside? Ms. Dacy stated the language for the M-1 zoning district states: "exterior storage of materials and equipment". In another section of the code, it e stored in theCrear yardCif they are screened principal use may b �� from the public right-of-way. MOTZON by Ms. Sherek, seconded by Mr. Dahlberg, to receive the letter dated June 18, 1990, from Norwood Nelson, Director, Corporate Facilities, Onan Corporation, to Donald Betzold. UPON A VOICE VOTE, N�IMOUSLY. AYE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED U Mr. Frank Kramer stated he is representing the storage area of stated Mr. Babinski is willing to clean up materials not directly related to the retail lumber and contracting business. Mr. Betzold asked what can be done about any environmental concerns. Is there any City staff that can look into that? Ms. Dacy stated there is no one on staff qualified to do that. In the past, the City has asked Pollution Control Staff to do an on- site visit, and then have the property owner conduct soil tests and/or samples of runoff as it discharges from the site. Mr. Kramer stated that b tankslly The tlargerV tanks earen owned lby are tires and smaller Determan Welding located next to their property. Ms. Sherek stated if it i a d the MTC bus.s intention to remove at l e a s t o n e o l d t r u c k b o d y Mr. Kramer stated they acet t The P are a hcontracting businesslthat additional warehouse sp Y installs sewer and water and they do a lot of earthwork. The MTC bus is used to store fitta gl kerto keepe the aMTC bus. C� They tare business, and they woul prepared to cover it or camouflage it in some way. PLANNING COMMIBSION I+IEETING, JIINE 20. 1990 PAGE 10 Ms. Sherek stated she is very concerned because she lives in this neighborhood. She asked if it is logically possible to accommodate all the equipment on this site, particularly in the winter time, without parking some of the vehicles either in front of the building or behind the building? Mr. Kramer stated they do have other storage areas for their heavy equipment. Only about 10� of all their heavy equipment is at this location at any given time. He stated they have removed almost everything from the front parking lot. The reason the trucks are still parked in front is because there is a severe vandalism problem in this area. When the trucks are parked in back, windows are broken, mirrors torn off, etc. In six months, they had 5 broken windows and one broken mirror. Mr. Betzold stated that because of the vandalism problem, maybe it would be more practical and more feasible to build a storage area. Ms . Sherek stated that a slatted fence around the storage area will not help the vandalism problem; in fact, it will probably make it worse, because the vandals cannot be observed from the street. Mr. Kramer stated they would like to discuss with City staff the possibility of a 5,500 sq. ft. storage addition. The addition would be a pole, metal type storage building. The metal building would be more cost effective, and the side facing Central Avenue would be all garage doors so they can back in the trucks off their existing driveway. The other two sides would face Determan Welding and Onan's warehouse side. Before they start drawing up plans, they wanted to first get a feeling from staff and the Commission on whether this type of building is feasible. Ms. Dacy stated there is no specific statement in the code that says metal buildings are prohibited. However, it has been the City's consistent policy that additions are to be architecturally compatible with the existing building. Mr. Kramer does raise a good point about the visibility issue and what is surrounding the proposed addition. She stated that, depending upon the type of metal exterior, it is possible that it might not be offensive. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to close the public hearing. �PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BET20LD DECLARED T8E MOTION CARRIED I►ND THE PIIBLIC HEARING CLOSED AT 8:35 P.M. Mr. Saba stated he would be more in favor of a storage addition than a fenced-in storage area. Ms. Sherek stated she would prefer the storage addition, because it is a more permanent solution than a fence along Central Avenue. pLANNING COMMISSZON MEETZNG, JIINE 20, 1990 PAGE 11 Ms. Dacy stated staff, along with Darrel Clark, the Chief Building Official, can discuss the storage addition with the petitioner. Mr. Kramer stated he would be willing to table the special use permit request as long as he can clean up the area, but not eliminate everything until they arrive at a more permanent solution. Ms. Sherek stated her biggest concern is that the petitioner can have the best intentions of resolving the issue by cleaning up the storage area and putting everything in back. By having a fence which might encourage more vandalism, she can see everything coming back out front again, and that is not a solution to this storage problem. She would like to see the petitioner explore the option of a storage addition with staff. MOTION by Mr. Saba, seconded by Ms. Sherek, to table special use permit, SP #90-08, by John Babinski, to give the petitioner and staff an opportunity to discuss the possibility of a storage building addition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. PUBLIC HEARING: CONSZDER.ATION OF A SPECIAL USE PERMIT SP 90-09 BY LEFFEL INCORPORATED FOR MAACO AUTO PAINTING �,ND BODYWORKS: Per Section 205.18.O1.C.(12) of the Fridley City Co to allow exterior storage of materials and equipment on ot 2, Block 4, Commerce Park, and that part of Lot 2 lyin in Section 10- 30-24, subject to utility and gas easemen as 5hown on plat and subject to any other easements record, generally located at 100 Osborne Road N.E. MOTION by Mr. Kuechle, seconded by Ms. herek, to waive the reading of the public hearing notice and o n the public hearing. UPON A VOICE VOTE, ALL VOTIN YE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE LIC HEARING OPEN AT 8:40 P.M. Ms. McPherson stated th' property is zoned M-2, Heavy Industrial, with adj acent M-2 zo ' g on the north, east, and south sides of the property. There i commercial and residential zoning to the west of the property cross the railroad tracks. Ms. McPhers stated the petitioner is requesting a special use permit in rder to construct a fenced storage area directly outside the ten t stall of this multi-tenant building. The petitioner has a con act with Shorty's Towing, which has a contract with the City of idley, to tow accident vehicles from accident sites to various _ � STAFF REPORT APPEALS DATE C��OF PLAI�NG CONNMISSION DATE : october 24, 1990 FRlDLEY CITY COUNCIL DATE �� MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTLrTES PARK DEOICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WtTH ADJACENT USES & ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP 4�90-17 Lynn Hansen To allow the construction of an accessory building in the CRP-2, Flood Fringe 230 Rice Creek Boulevard N.E. R-1, Single Family Dwelling R-1, Single Family Dwelling on east, south, west, and north. Yes Yes Approval with stipulations Staff Report SP #90-17, Lynn Hansen Page 2 Request The petitioner, Lynn Hansen, is requesting a special use permit to allow him to construct a 12' x 16' accessory building in the CRP- 2 Flood Fringe District. The petitioner intends on storing lawn and garden equipment in the accessory building. The request is for Lot 13, Block 4, Rice Creek Plaza North Addition, the same being 230 Rice Creek Boulevard N.E. Site Located on the property is a single family dwelling unit with an attached garage. The property directly abuts Locke Lake/Rice Creek. The property is zoned R-1, Single Family Dwelling, as are the parcels to the north, south, east, and west. Analysis A large change in topography from the public right-of-way to the rear of the lot abutting Rice Creek occurs on the petitioner's lot. There are two "flat" spots in the yard; one directly adjacent to the rear of the dwelling unit and the other located near Rice Creek. The flat area adjacent to the dwelling unit is currently being used for the family's picnic table, grill, and childrens' play area. In addition to the change in topography, a 30 foot sanitary sewer easement is located in approximately the middle of the parcel. Water flowing through the Rice Creek Watershed District within the Rice Creek channel impacts the petitioner's parcel. Currently, the Locke Lake dam is failing, and the City is working with the Watershed District and the Locke Lake Homeowners Association to develop plans for replacing the dam structure, creating a sedimentation pool, and dredging the lake. At this time, a permanent elevation for the lake has not been established. The existing elevation is extremely low; there is very little if any water running through the channel. Once the permanent elevation for the lake basin has been established, it may directly impact the accessory building in its proposed location. Flood waters could carry the building downstream. For this reason, staff recommends that the accessory building be relocated to a location along the west property line near or within the 30 foot sewer easement to increase the distance that the accessory building is from the channel. This would lessen the impact of flooding on the accessory building. If placed in either location, the accessory building would be at an elevation lower than the regulatory flood protection elevation. Staff Report SP #90-17, Lynn Hansen Page 3 Section 205.24.05.B of the Fridley Zoning Code does allow accessory buildings to be located at a lower elevation than the regulatory flood protection elevation because it is not a habitable living space. Therefore, no additional fill will be needed to raise the level of the accessory building. In addition, the petitioner should be aware that if the City needs to work on the sewer line, the City would not be responsible for moving or replacing the building, should the building be damaged. The petitioner should execute a hold harmless agreement which states that he understands this situation. Recommendation and St �ulations The proposed accessory building is compatible with the adjacent uses and structures. Therefore, staff recommends that the Planning Commission recommend approval of the request, SP #90-17, to allow the construction of an accessory building in the CRP-2 Flood Fringe District, with the following stipulations: 1. The petitioner shall execute a hold harmless agreement to release the City of any liability or damages to the accessory building prior to the issuance of a building permit. The petitioner shall locate the accessory building near the west property line near the power pole located on the west property line. PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 24, 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 17, by Lynn and Christine Hansen, per Section 205.24.05.B of the Fridley City Code, to allow an accessory building in the CRP-2 District (Flood Fringe) on Lot 13, Block 4, Rice Creek Plaza North Addition, generally located at 230 Rice Creek Boulevard N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: October 10, 1990 October 17, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP �i90-17 Lynn and Christine Hansen Lynn and Christine Hansen 230 Rice Creek Boulevard N.E. Fridley, MN 55432 Everett Madsen 246 Rice Creek Boulevard N.E. Fridley, MN 55432 Richard Schillinger 240 Rice Creek Boulevard N.E. Fridley, MN 55432 Clem Nagel 236 Rice Creek Boulevard N.E. Fridley, MN 55432 Wilfred Geiger 226 Rice Creek Boulevard N.E. Fridley, MN 55432 Laurance Anderson 220 Rice Creek Bouelvard N.E. Fridley, MN 55432 Henry parker 216 Rice Creek Boulevard N.E. Fridley, MN 55432 Brian Smith 201 Rice Creek Boulevard N.E. Fridley, MN 55432 William Doig 215 - 69th Place N.E. Fridley, MN 55432 Donald Cooke 224 - 69th Place N.E. Fridley, MN 55432 Edward Selenski 218 - 69th Place N.E. Fridley, MN 55432 Donald Falkum 210 - 69th Place N.E. Fridley, MN 55432 Ronald Andrle 255 Rice Creek Boulevard N.E. Fridley, MN 55432 MAILING LIST Planning 10/5/90 Council Loren Hedman 261 Rice Creek Boulevard N.E. Fridley, MN 55432 Janet Wyszynski 266 Rice Creek Boulevard N.E. Fridley, MN 55432 Glen Hambleton 260 Rice Creek Boulevard N.E. Fridley, MN 55432 City Council Members Planning Commission Chair � N �/2 SEC. , C/T Y OF \� 22 I 21 � M //1 M�' COANER ' � i � tFt a � ' J.. + t= -j ,~�� 69TH �VE,. N.E � ii'� io 1 9 6 �' �� .�� i � j q �1 � � ... �ti• I I i o'� : `� � � .�Y�,?. � _ 69 TH I AVE.' N. ,' �M `s., 'ri i i � [ ` m . 2? • :z ' O • ; °s A �C\ � _� ?c�+37,�yi �n . �o- h, � �'yl II�I � 3' = F .+ �p \ frr �� . � '� z��\ � . _ �'-,- � . ..,� � ,�„ ,�, I i i a l ..� . 1V � Y � '� ' � _ „� G 'rn, r� :o I wi.i....+ W ' � ,.. Y t'. ro �,P � F' Li.-J �, r W• c+ � r� _. I \ '�r 0 R 1 �I •y,� _ S[C. i• a^ �n Q ' ri t� �,r• �, � I � " c K r B i � � • � ,��a r. � � �a, •��c � �,f+ � I I � i�°' � c.• '�Q� s � ' � / 9 ,., a� ,[� r � � � � � � • Z �" � O s � z �+�, .l � F � `' ' ,'(�,�� iC •� ' ' .,1. �.k ,: . ��JPP � P � . I �� ^': ` _. �' � iu � ,'� �� . , • � `" �` Qa�'• � - 1 : •`i � _ �Q O� +ii, �+' „-� � \ �. + \ � W ' _ `" 4/ � � : �/� • V eq f, : � !° ,� � ' � , � ° � F� � ��t + �..,..1; � i j i�`�\ \. 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I^ �� .� , ?M I` � �; ' i- s s Q I �i _ � — 2 G� I � I rEp: �L'1'_'_'_ •'�' ' ----��j- I � �� \ � j Cp�V�N/UA/ NQ 9� 24 LOCATION MAP a„dv,��►q �srs-�y *c� � od.�.�q� ,�",� ' a�sks�:� EN G I NEE R 1 N G� I N C. -"�°� tv►� fi �ti�aidpv/ - " � sursi I�Oi ►q-� — Fn�ineers � Surveyors — � ;erti�sc�te o� sar�ve �o: RICE CREEK PLAZ� T . � Z�o c�. �.8 � , �'�� _ : F .. h � ._ � la �A. /�� - . �� ,a i a � e . /�?i� S �l/Q , '�, , j �� ?r � �1r , I . ' / `�� S�, 9 A { �� • / / / �\ � f I ti � • • - �\y S� ':�! '� /. � � � 4r�r• �d s . i � ti � 4s� / � � � �� ,( �, � �1,F,1/�i1�t� a�- `� �r � o� � • � .9 - � ��/ ,, ��b �-�puSE �`1i �� y ` `� \ ^ I _f� � 'V � \ . � 1 � � � . T. \ , N 9g : � ` �, � l \ 6 � �� r`F�� \ � \ �L �� \ � ` �,.� ��'��c �� r *� Proposed Accessory Building ,9 �: -. - '� / ��\ L � .. �� F � � ^ � .--� , �); ��r`" LOT �3 , B�.�CI< 4 , �S�Atip ;/' o R�Ct � GREEK P�AZA � ,� v ND2T'l� "AL�D�T�ON , . , :, � . �� _ . �;, / f�a�rby u+rir�'y: lliof �'irs es o 5vr ad mrrtcf n�orrs�otian �('o w�ty �'}16r dw�abryrs �'�br �6.R af�ri:6id l�d, � '�ir /aa�n �i'd� Du�N.aJs ,�hvtw� , r�d r1 risibk e�a�arfin�a�is ,�iRf .� �r r� srs �(and. Ils sWx�d �� 11�s a ' �� " � " �� ' SU� URBAN ENG/NEERWG , INC. SITE PLAN /, 'i ,� Z � z �o mp < N Z ,m � �� \ � %�� / i � p ;� � Z i _ � � n' �� I � �`� , �; S ,� ZI �,, \� j; ; � � Di \\Z�' '2 � �� '�I O i � ,, �; ,,, � - N p m O p D n O m �� i. i li � �i II I I I I II II II �\ � � � �� \\ -� . - I I � \\ \ I, � ;V; �� ` �i � � � Z � m � � '\� � � � �A� I `' 1'"'i � !� � °� � �I' �� N �Z m ; �� '' I � � � /�' +� _ • � .' t i : �� ; �; ! �i ; , 1 ��- , �� I; �i� i � o 1� � I � I i � I � 0 �� I ��i z � �. m m , � ! �� i� /' ,. � � a ,� N 2 ; ;, � M/NNES� —^� N O Z m D � r�� , j� � /% % ;;j j / % /� ,< / �'�'��,, � . \�, /, � , \� `�\ /� l� , 2� ' � �� m j I�� I � � � I i n� I � �� ! � I I� � ' � ': � � � �J �` il � � :�- � ,' � i �� ; _ ; �� - ; , � : � _ -- � , _ - ;.-�� , '�''� , i � ,� ; k�� '. ! �' � � �� ' � im ; i I , II '!� 1) �; � � ODPLAIN�t�►P I; ; � i� � .�.- -" � PLANNING DIVISION � MEMORANDUM CITY Of fRlDLEY DATE: October 19, 1990 TO: Planning Commission Members FROM: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Proposed Landscape Ordinance Amendments Attached is the revised draft of the proposed landscape ordinance amendments. The draft was revised in response to some of the comments staff received from developers, design professionals, other cities, and the Fridley Chamber of Commerce. Most revisions were fairly mi�nor; however, the one major revision occurred in the section requiring compliance for existing uses. This requirement was moved to the front of the amendment and expanded to clarify conditions when compliance would be required. Staff recommends that the Planning Commission recommend approval of the attached draft to the City Council. MM/dn M-90-747 �� PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 24, 1990 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning, specifically pertaining to "Landscape Requirements" in various districts as follows: 205.09.06. 205.13.06. 205.14.06. 205.15.06. 205.16.06. 205.17.06. 205.18.06. (R-3 General Multiple Dwelling District) (C-1, Local Business) (C-2, General Business) (C-3, General Shopping) (CR-1, General Office) (M-1, Light Industrial) (M-2, Heavy Industrial) The amendments are summarized as follows: 1. Require submission and approval of a landscape plan. 2. Defines acceptable landscaping materials. 3. Establishes minimum plant sizes at time of planting. 4. Establishes minimum standards for perimeter and interior lot landscaping. 5. Establishes standards for screening and buffering. 6. Establishes standards for installation and maintenance. The following sections are proposed to be deleted as they are incorporated in the proposed amendments: 205.13.05.D.(8); 205.14.05.D.(8); 205.15.05.D.(8); 205.16.05.D.(8); 205.17.05.D.(8); 205.18.05.D.(8) (interior parking lot landscape improvements) 205.13.07.D.(1) - (3); 205.14.07.D.(1) - (3); 205.15.07.D.(1) - (3); 205.16.07.D.(1) - (3); 205.17.07.D.(1) - (3); 205.18.07.D.(1) - (3); requirements) (4) . (c) (4) . (C) (4) . (c) (4) . (c) (4) . (c) (4) . (c) (5) (5) (5) (5) (5) (5) (screening 205.13.07.F; 205.14.07; 205.15.07.F; 205.16.07.F; 205.17.07.F; 205.18.07.F (landscaping) 0 A full copy of the proposed ordinance may be obtained from the City of Fridley Community Development Department; hours 8:00 a.m. to 5:00 p.m. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: October 10, 1990 October 17, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � PLANNING DIVISION � MEM D M ORAN U unroF FRI DLEY DATE: October 19, 1990 TO: Planning Commission Members FROM: Barbara Dacy, Planning Coordinator SUBJECT: Mother-in-Law Zoning Ordinance Amendment Proposed Amendment Attached is the public hearing ad for an amendment to the Zoning Ordinance to clarify the City's requirements regarding mother-in- law apartments. This amendment has evolved out of a process requested by the City Council to analyze our current policies regarding these situations. The inten� of the ordinance is as follows: 1. To prevent the rental of another dwelling unit within a single family home. 2. To prevent the erosion of the intent of the single family residential district. 3. To prevent the nuisances which arise from multiple families on one lot such as an inordinate cars/traffic, noise, excessive outdoor storage, etc. Definition of Problem Approximately 1 1/2 years ago, the City Council expressed concern regarding the number of rental advertisements appearing in the newspaper advertising "apartments" in single family areas. Also within the last 1 1/2 years, the City Council questioned the City's issuance of rental licenses to properties in the R-1, Single Family Dwelling zones by the Fire Department without checking for zoning compliance. Moreover, in 1988, a site specific problem developed with the homes on 7th Street located in the Alice Wall Addition (6300, 6310, 6320, 6360, and 6380 - 7th Street N.E., and 445 - 63rd Avenue). These homes are split level homes whereby each level is being used as an individual unit. The issue generated an in-house study of other community's ordinances and generated options for consideration by Zoning Ordinance Amendment October 19, 1990 Page 2 the City Council. The City Council chose at that time not to pursue a formal ordinance change but rather to use the existing ordinance to control illegal duplexes. An informal policy was therefore adopted which consisted of removing one of the doors separating the living areas from the common entry hall. By removing the door, free access is provided between the two living areas, therefore, an argument cannot be made that the door provides separation between the two units. Advantaqes and Disadvantaqes to Mother-in-Law or Accessorv Apartments The U.S. Census reported that there were 2.5 million mother-in-law or accessory apartments created between 1970 to 1980. Most were created without legal authority, but were created because of three factors. First, the household formation rate has increased, and second, a build-up of surplus space in single family homes has also occurred as the population grows older and the younger family members have sought housing on their own. Finally, the increasing cost of housing has also been a factor in the increase of mother- in-law or accessory apartments. The advantages of accessory apartments are exemplified by the City of Minnetonka's ordinance. It establishes specific purposes of permitting accessory apartments as a conditional use in the single family district. These purposes are consistent with the typical advantages identified in planning literature and by experience by communities across the nation. They are: 1. Efficient use of existing single family housing stock in the City. 2. Homeowners can enjoy the benefits of rental income and take advantage of unused space. This is a special advantage for senior citizens or handicapped persons who would like assistance for housekeeping responsibilities (i.e. the Share- a-Home program by ACCAP). 3. Mother-in-law or accessory apartments can also provide housing which allows privacy and independence for older family members. 4. These units can provide an inexpensive means to meet the needs of the growing number of smaller households, both young and old. 5. The units can provide housing for the population at a variety of stages in the life cycle. Zoning Ordinance Amendment October 19, 1990 Page 3 6. Provision of this housing can be accessed by both low and moderate income persons. The traditionally perceived disadvantages to mother-in-law apartments or accessory apartments are as follows: 1. 2. � They change the single family character of the neighborhood. Speculators could buy houses to convert them into illegal duplexes/build new single family homes to convert. There is a potential for absentee landlords. 4. Additional members in the dwelling unit may cause additional code violations. 5. Increased traffic may occur. Many communities across the nation have come to realize some of the advantages the accessory apartments offer, but at the same time, the communities attempt to regulate them to insure that the community's standards are maintained. Existina Code Provisions It is important to understand the existing code provisions: 1. Guest rooms may be rented to no more than two persons, provided that no kitchen facilities are provided. This is a permitted accessory use in the R-1 district. 2. The definition of "Family" permits up to five unrelated individuals within a single family home and an unlimited number of persons related by blood or marriage. Therefore, a scenario could exist where five unrelated individuals can occupy a single family home and also have two guest rooms rented to no more than two people. Also, a large family could live in the same house with another family if they are related by blood or marriage. 3. There are existing single family homes in the City which have two kitchens, but are not renting rooms. 4. The City has currently been enforcing its informal "door" policy. We have required that one of the doors separating two living areas must be removed. By removing the door, free access is provided between the two living areas, therefore, an argument cannot be made that the door provides separation between the two areas. Zoning Ordinance Amendment October 19, 1990 Page 4 5. Double bungalows/duplexes were permitted by the City as special use permits in the R-1 district, prior to the ordinance change in the 1970's. The ordinance at that time permitted a duplex to be constructed (two separate entrances, two separate utility services) which is different than the intent of a accessory or mother-in-law apartment. Current Discussion The City Council reviewed a range of options to control mother-in- law or accessory apartments. The City Council determined that permitting them via a special use permit or a license was not appropriate because they determined it was contrary to the intent of the R-1 Single Family Dwelling District. Who Will be at the Public Hearinq? We will notify those property owners who are currently located in a single family district and have applied for a rental license to have another unit within the single family home. In some cases, the people living in the second unit are related, and in some cases they are not. Some of these people have also been receiving Section 8 Housing Assistance. What Will the Proposed Ordinance Do? The ordinance will apply if any part of the one family dwelling unit is being rented. The ordinance will still permit a guest room to be rented to no more than two people without a kitchen. The ordinance will also require an amortization schedule for nonconforming duplexes in R-1 zones. Owners will have three (3) years to convert the building into a single family dwelling. A single family house would still be allowed to have two kitchens; however, the City Attorney has advised us that it may be difficult for the City to enforce the ordinance since we may not know that a part of a one family dwelling is being rented if they do not apply for a rental license. The proposed ordinance cannot prevent the example where three college students live on one level and two nurses live on another level, but the five occupants collectively rent the single family house from an absentee owner. The definition of "Family" does permit up to five unrelated individuals to occupy a one family dwelling. In this case, two kitchens may still exist; however, under the terms of the ordinance, they would still be operating as one family and not two families. Zoning Ordinance Amendment October 19, 1990 Page 5 Summarv Planning staff recommends the Planning Commission recommend approval of the proposed amendment as presented. BD/dn M-90-711 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 24, 1990 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205.03, "Definitions", and Section 205.07, "R-1, One Family Dwelling District Regulations", as follows: Section 205.03. DEFINITIONS 205.03.23 Dwelling, Multiple. A building or portion thereof designed for occupancy by two (2) or more families living independently of each other.—in separate dwellinq units. 205.03.24 Dwelling, One-Family. A detached building designed exclusively for occupancy by one (1) family.—and containinq one (1) dwellinct unit. 205.03.25 Dwelling, Two-Family. A building designed exclusively for occupancy by two (2) families living independent of each other-and containinq two (2) dwellinq units. 205.03.26 Dwelling Unit. • F I'f \ ..�..�+ � Z�"aL�'r�r'�i�T-'G1"i'�o�[[vi c r � � / . ne or more rooms connected together but which are separated from anv other dwellina unit in the same buildin which rooms constitute a separate independent unit with cookinct and bathroom facilities and areas for livinq and sleepinq, and used for residential purposes. 205.07. R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in R-1 Districts: (1) One-family dwellings.—which may be occupied bv the owner or may be rented to one familv. (2) Single family attached development as per conditions under Section 205.11 of this Code. 205.07.02 USES EXCLUDED A. Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted in e€ this district are excluded in R-1 Districts. B. Except as permitted in 205 07.O1.B.(4)(d) above no part or portion of any one familv dwellinq shall be rented to anv person or nersons. C. Any one familv dwellinct that has a current rental license from the Citv shall have three (3) years to amortize the investment in the rental unit; said three (3) vear period shall commence on the effective date of this ordinance. After said three S3) year period the rental of said unit is prohibited. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: October 10, 1990 October 17, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. LANDSCAPE ORDINANCE FRIDLEY, MINNESOTA 0 6, LANDSCAPE REQUIREMENTS A. Scope. All open areas of any site, except for areas used for parking, driveways, or storage shall be landscaped and incorporated in a landscape plan. (1) All new developments requiring a building permit shall comply with the requirements of this section. (2) Existing developments shall comply with the requirements of this section if one or more of the following applies: a. At the time of a building expansion or alteration which dictates the necessity for additional parking or hardsurface areas in excess of four (4) stalls. b. Building alterations which dictate a change in use such that the parking area must be expanded in excess of four (4) stalls. c. Construction of additional loading docks. d. Construction of new parking areas in excess of four (4) stalls. (3) If full compliance cannot be achieved due to site constraints, partial compliance as determined by the City shall be enforced. (4) The requirements of this section shall not be required for building alterations which do not affect the exterior portions of the site. B. Plan Submission and Approval. (1) A landscape plan shall be submitted to and approved by the City prior to issuance of a building permit or prior to approval of outside improvements not related to building improvements. A plan shall not be required for routine replacement of existing materials or the installation of new materials when not associated with a building project. (2) The following items shall appear on the landscape plan: a. General 1 0 0 1) 2) 3) 4) 5) 6) 7) Name and address of owner/developer Name and address of architect/designer Date of plan preparation Dates and description of all revisions Name of project or development Scale of plan (engineering scale only) at no smaller than 1 inch equals 50 feet North point indication b. Landscape Data 1) 2) 3) 4) 5) 6) Planting schedule (table) containing: a) Symbols b) Quantities c) Common names d) Botanical names e) Sizes of plant material at time of planting f) Root specification (B.R., B& B, potted, etc.) g) Special planting instructions Existing tree and shrubbery, locations, common names and approximate size Planting detail (show all species to scale at normal mature crown diameter, or spread for local hardiness zone) Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and other similar features. Typical sections of landscape islands and planter beds with identification of materials used. Details of planting beds and foundation plantings. F 7) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. 8) Delineation of both sodded and seeded areas with total areas provided in square feet, and slope information. 9) Coverage plan for underground irrigation system, if any. 10) Statement or symbols, to describe exterior lighting plan concept. c. Special Conditions: Where landscape or man-made materials are used to provide required screening from adjacent and neighboring properties, a cross-section shall be provided through the site and adjacent properties to show property elevation, existing buildings and screening in scale. C. Landscaping Materials; Definitions. All plant materials shall be living plants. Artificial plants are prohibited. (1) Grass and ground cover. a. Ground cover shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within twelve (12) months after planting, with proper erosion control during plant establishment period. Exception to this is undisturbed areas containing natural vegetation which can be maintained free of foreign and noxious materials. b. Accepted ground covers are sod, seed, or other organic material. The use of rock and bark mulch shall be limited to areas around other vegetation (i.e. shrubs) and shall be contained by edging. (2) Trees. a. Over-story Deciduous. 1) A woody plant, which at maturity is thirty (30) feet or more in height, with a single 3 m trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. 2) Such trees shall have a 2 1/2 inch caliper minimum at planting. b. Ornamental. 1) A woody plant, which at maturity is less than thirty (30) feet in height, with a single trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. 2) Such trees shall have a 1 1/2 inch caliper minimum at planting. c. Coniferous. 1) A woody plant, which a maturity is at least thirty (30) feet or more in height, with a single trunk fully branched to the ground, having foliage on the outermost portion of the branches year-round. 2) Such trees shall be six ( 6) feet in height at planting. (3) Shrubs. a. Deciduous or evergreen plant material, which at maturity is fifteen (15) feet in height or less. Such materials may be used for the formation of hedges. Such materials shall meet the following minimum standards at time of planting: 1) Dwarf deciduous shrubs shall be eighteen (18) inches tall. 2) Deciduous shrubs shall be twenty-four (24) inches tall, except as in Section D below. 3) Evergreen shrubs shall be of the eighteen (18) inch classification. (4) Vines. Vines shall be at least twelve (12) inches high at planting, and are generally used in conjunction with walls or fences. 4 (5) Slopes and Berms. a. Final slope grades steeper than 3:1 will not be permitted without special approval or treatment such as terracing or retaining walls. b. Earth berm screening parking lots and other open areas shall not have slopes exceeding 3:1. A minimum three (3) foot berm is required. D. Perimeter Landscaping; Standards. (1) In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum standards apply: a. One (1) tree for every one thousand (1,000) square feet of total building floor area or one (1) tree for every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty (30) percent of the trees required will be coniferous. b. Two ( 2) ornamental trees can be substituted for every one (1) over-story deciduous shade tree. In no case shall ornamental trees exceed fifty (50) percent of the required number of trees. c. Parking and driving areas between the building and frontage street shall be screened in the following manner: 1) A continuous mass of plant materials; minimum of three (3) feet in height at time of planting; or 2) A continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height; or 3) A combination of earth berms and plant materials such that a minimum of three ( 3) feet of continuous screening is achieved. E. Interior Parking Lot Landscaping Standards (1) All parking areas containing over seventy-five (75) stalls shall include unpaved, landscaped islands that are reasonably distributed throughout the parking area to break up the expanses of paved areas. Landscaped islands shall be provided every 5 two hundred fifty (250) feet or more of uninterrupted parking stalls. (2) All landscaped islands shall contain a minimum of one hundred eighty (180) square feet with a minimum width of five (5) feet and shall be provided with deciduous shade trees, or ornamental, or evergreen trees, plus ground cover, mulch, and/or shrubbery, in addition to the minimum landscape requirements of this ordinance. Trees shall be provided at the rate of one tree for each fifteen (15) surface parking spaces provided or a fraction thereof. Parking area landscaping shall be contained in planting beds bordered by a six (6) inch raised concrete curb. F. Screening and Buffering Standards (1) Where the parcel abuts a property zoned R-1 or R-2, there shall be provided a landscaped buffer which shall be constructed in the following manner: a. A screening fence or wall shall be constructed within a five (5) foot strip along the property line(s) abutting the R-1 or R-2 district. Said fence or wall shall be constructed of attractive, permanent finished materials, compatible with those used in the principal structure, and shall be a minimum of six (6) feet high and a maximum of eight (8) feet high. Chain link fences shall have non-wooden slats when used for screening purposes; or b. A planting screen shall be constructed in a fifteen (15) foot strip and shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year-round opaqueness of eighty (80) percent at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Planting screens shall be maintained in a neat and healthful condition. Dead vegetation shall be promptly replaced. c. If the existing topography, natural growth of vegetation, permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (2) Al1 loading docks must be located in the rear or 0 side yards and be screened with a six (6) foot high minimum solid screening fence if visible from a public right-of-way or if within thirty (30) feet of a residential districts. (3) All external loading and service areas accessory to buildings shall be completely screened from the ground level view from contiguous residential properties, and adjacent streets, except at access points. G. Credit for Large Trees The total number of required over-story trees may be reduced by one-half (1/2) tree for each new deciduous tree measuring four and one-half (4 1/2) inches or more in diameter, or each new coniferous tree measuring twelve (12) feet or more in height. In no event, however, shall the reduction be greater than twenty-five (25) percent of the total number of trees required. H. Credit for Existing Trees The total number of required new over-story trees may be reduced by the retention of existing over-story trees provided that the following conditions are satisfied: (1) Such trees are f our ( 4) inches or greater in cal iper measured six (6) inches from soil level. (2) For each existing tree meeting the requirement, two trees as required in section D above may be deleted. (3) Proper precautions to protect trees during development shall be indicated on grading plans submitted for plan review. Such precautions are outlined in section J. These precautions shall be included in the landscape surety. I. Irrigation. Underground irrigation shall be required to maintain all landscaped, boulevard, front and side yard areas. J. Installation. (1) The following standards shall be met when installing the required landscaping: a. Plant materials shall be located to provide reasonable access to all utilities. 7 ' b. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structures to be screened. No screening or buffering shall be located on any public right-of-way. c. Sodded areas on slopes shall be staked. d. Seeded areas shall be mulched with straw to prevent erosion. Hydro mulching is acceptable. e. Oak trees shall be surrounded by snow fence or other means at their drip line to prevent compaction of their root systems. f. Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. g. No plant materials reaching a mature height of twenty (20) feet or more shall be planted within a twenty-five (25) foot lineal path of the centerline of an overhead power line. (2) The applicant shall install all landscape materials within one year; but shall have three (3) years within which to install the required landscaping if the following minimum standards are met: a. First year 1) All grading is completed, including installation of berms. 2) The required irrigation system is installed. 3) Areas to be seeded and/or sodded are installed. 4) Screening for adjacent residential areas is installed, if required. 5) Twenty-five (25) percent of the required over-story trees are installed. 6) Twenty-five (25) percent of the perimeter landscaping is installed. b. Second year 1) The remainder of the perimeter landscaping is installed. � 0 2) Interior landscaping is installed. 3) Fifty (50) percent of the remaining required over-story trees are installed. c. Third year Any r.emaining landscaping shall be installed. d. The City shall retain the required performance bond until installation of all landscaping is :, complete. K. Maintenance. (1) The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers, and sodding. If any plant materials are not maintained or replaced, the property owner shall have, upon written notification from the City, one growing season to replace said materials before the City shall maintain or replace said plant materials and assess the property for the costs thereof. Plant materials need not be replaced specie for specie; however, in no case shall the number of plant materials be reduced from the minimum that is required by this section when replacing dead plant materials. ( 2) Screen fences and walls which are in disrepair shall be repaired. �