The URL can be used to link to this page

PL 10/16/1996 - 7074� ;'� �1 PLANNING COMMISSION MEETINC WEDNESDAY, OCTOBER 16, 1996 7:30 P.M. PUBLIC COPY (Please return to Community Development Dept.) � � CITY OF FRIDLEY AGENDA PLANNING COMMISSIOIV MEETING WEDNESDAY, OCTOBER 16, 19� 7:30 P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES• October 2 PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMEIVT ZTA #96-02 BY NOAH'S ARK: To amend the Fridley Cit�r Code, Chapter 205, entitled °Zoning°, by amending Sections 205.07.01.C.(8), 205.08.01.C.(8), 205.09.01.C.{7), and 205.i4.01.A.(14), to provide parking standards for hospitals, nursing homes, convalescent homes, and homes for the elderly. PUBLIC HEARING: CONSIDERATION OF A WETLAND REPLACEMENT PLAN WR #96-01 BY NOAH'S ARK: To fill 9,356 square feet of type PEMC wetland and replace with same on site; 83rd and University Avenue. PUBUC HEARING: CONSIDERATION OF A ZONING TDCT AMENDMENT ZTA #96-03 BY ROLAND STINSKI: Per Section 205.16.01.A.(1) of the Fridley City Code: 1. USES PERMITTED A. Principal Uses. The following are principal uses in CR-1 Districts: (1) Professional office #acil'�ies including real estate, lawyer, architectural, engineering, financial, insurance, professional jewelry senrices, and other similar office uses. PROPOSED FAIR HOUSING ORDINANCE RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETlNG OF SEPTEMBER 9. 199fi RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF SEPTEMBER 12. 1996 � OTHER BUSINESS: ADJOURN � 4 ,� � � CITY O�' FRIDI.gY PL�iIN6 COlrIIKI88ION MEETIN�3, OCTOBER 2, 19 9 6 CALL TO ORDER: � Vice-Chairperson Kondrick called the October 2, 3996, Planning Commission meeting to order at 7:33 p.�. ROLL �A�; Members Present: Members Absent: Dave Rondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Larry Ruechle Diane Savage Others Present: Michele McPherson, Planning Assistant Jugal Agarwal, 370 - 74th Avenue N.E. Cindy Schreiner, 7372 Symphony Street N.E. Bill & Suzanne Holm, 7424 Melady Drive N.E. APPROVAL OF SEPTEMBER 18 1996 PLANNING COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Asr. Oquist, to approve the September 18, 1996, Planning Commission minutes as written. UPON A VOICL VOTE, ALL pOTIN(� AYE, VICE-CBAIRpERSON RONDRICR DECLARED THE MOTION CARRILD IINANIMOIISI�Y. � 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL IISE PERMIT SP #96-16. BY JiTGAL AGARWAL: . Per Section 205.08.O1.C.(1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3, Block 5, Melody Manor, generally located at 370-372 - 74th Avenue N.E. MOTION by Mr. Oquist, seconded by Mr. Saba, to open the public hearing. QPON A VOICB VOT$� ALL 90TIN{� AYS� VICE-CBAIRpgR80N RONDRICR DBCLARED T8L MOTION CARRIED AND T8L pIIBLIC HEARINa OPEN AT 7:35 P.M. Ms. McPherson stated the special use permit request is located at 370-372 - 74th Avenue, which is located north of 73rd Avenue and east of University Avenue in the Melody Manor neighborhood. The request is for a second accessory structure over 240 square feet. Located on the subject parcel is a duplex constructed in 1964. There is a first accessory structure in the southeast corner of the property constructed in 1978. That accessory structure measures 22 feet x 24 feet. The petitioner is proposing to construct a seGond accessory structure in the southwest corner of the property measuring 16 feet x 20 feet. The property is zoned � �. PLANNIN� COMMIB8I0� MEETI�G. BEPT�EB 5. 1995 PAGB _2 �.,� R-2, Two Family Dwelling. The surrounding parcels are also zoned R-2 as well as the parcels across the street. To the rear or south of the subject parcel, the parcels are zoned R-1, Single Family. Ms. McPherson stated, typically, when staff reviews these types of requests, staff looks at several standard stipulations including requiring installation of a hard surface driveway, permitting no home occupations within the accessory structure, and requiring architectural compatibility with the dwelling unit. The first accessory structure has a hard surface driveway from the street to the structure itself. On the west side where the proposed structure is to be located, there is a partial hard surface driveway to the side door entry. It allows for parking of two vehicles on the site; however, that driveway would need to be extended should the special use permit be approved. Ms. McPherson stated, in r�viewing the file and in speaking with a neighbor within the notification radius, it was noted that the property has a history of code enforcement problems, specifically improper storage complaints as recently as July 1996. The code enforcement officer has been working with the property owner to rectify those situations. From the documentation in the address ,-� file, it appeared that the situation had been rectified. It should also be noted that the fire department indYCated that a fire occurred recently which was caused by juveniles starting fire to dry leaves which were located behind the existing garage. In addition to the typical stipulations indicated earlier, staff has also stipulated that proper storage of materials shall take place in compliance with code. Ms. McPherson stated the additionai structure on the site will not increase the lot coverage over the 30� as permitted in the R- 2 district. Staff recommends approval of the request to allow construction of the second accessory structure with the following stipulations: 1. The petitioner shall provide a hard surface driveway by November 1, 1997.- 2. The accessory structure shall not be used for a home occupation. 3. The structure shall be architecturally compatible with the existing dwelling. 4. Vehicles, refuse and other materials shall be stored in compliance with the City Code. �^� PLANNI�a CAMriI88ION Mg$TINa. SEPTEbBBR 5. 1995 PAdE 3 � Mr. Sielaff asked how many compliance code violations there had been for this property. Ms. McPherson stated she did not have that information. It appeared that there was at least one complaint per year or one every two years. Mr. Sielaff asked if the violations were different or the same. Ms. McPherson stated the property is a rental property so, as tenants change, different conditions would occur. One year it might be improper storage of vehicles, the next year it might be improper storage of refuse. Ms. Modig asked if the owner lives on the property. Ms. McPherson stated she did not think so. Mr. Rondrick asked if the violations addressed might be alleviated by constructing this accessory structure. Ms. McPherson stated she believed the structure would grovide the location for storage of a vehicle, children's toys, garbage cans �^ or bags of refuse. We have similar code enforcement difficulties all over the community whether it be single familp property or rental property. Mr. Oquist stated the structure would be a garage for the second unit of the duplex. Ms. McPherson stated this was correct. Mr. Oquist asked if there was a variance needed for the driveway. Ms. McPherson stated no variance would be needed. The structure and driveway as proposed meet the requirements. Mr. Kondrick asked if staff had received comments from the neighbors. Ms. McPherson stated she had received a call from a neighbor who voiced an objection. Mr. Hickok also received a call. This neighbor did not voice an objection, but voiced their concern about the storage issues. . Ms. Modig asked if it was possible in situations such at this where the owner does not live on the property to have a stipulation that would provide an incentive for the owners to ,� enforae the rules, such as a deposit. Is there a way to assure that some of this will not occur in the future? � PI�AIdNIBTa COIrIIrlI88ION MEETINa. SEPTEMBFR 5. 1995 pAGB 4 � Ms. McPherson stated there is nothing in the Cit�r Code which would allow the City to regulate or require a rental o�mer to establish an escrow account. If we continue to receive complaints, the code enforcement officer would receive those complaints, monitor the situation, and work with the property, owner to resolve the issue. The City cannot dictate to the property owner the amount of a damage deposit. Mr. Saba asked if most of the violations were from the renters themselves. Ms. McPherson stated, from reading the file, the violations were junk vehicles, inoperable vehicles�� vehicles not parked on a hard surface, the occasional bags of refuse, etc. It appeared that once the letters were sent the situation was rectified quickly. It seemed that the problem cropped up when tenants changed. Through an education process of the tenant, the standards were then realized. Mr. Saba asked if the complaints were typical of the area or"does this particular property stand out. Ms. McPherson stated she did not examine the address files of the �--� two adjacent properties. The City does have some perennial code enforcement issues that occur on sinqle family owher-occupied � properties as well. Just because it is a rental property does not make it worse than a single family home-awner violation. If the Planning Commission chooses, the request could be tabled in order for staff to obtain information about the two adjacent properties. Ms. Modig asked if the City ever levied a fine for properties who have continual code enforcement violations or is this particular property having a problem because there are over-vigilant neighbors. Ms. McPherson stated typically the way the code enforcement process works is that the code enforcement officer receives a complaint or observes a violation, a notice is sent and the property owner is qiven 14 days to correct the problem. If the problem is corrected, the matter is dropped until the next observation or next complaint. If the owner fails to rectify the problem in 14 days, a second notice is sent allowing 5 days to comply. If they fail to comply, the City cites the owner. The City does go to court and, if the judge sees fit to agree with the City, the City can levy up to a$700 fine as a misdemeanor violation. Many times the judge will stay a sentence. It depends on the case and the judge. The City has sent people to j ail . ,-,� � n, ��'1 � PLANNINti COM1�iI88ION ME�1'INa, 8$PTBMHBR 5. 1995 PA�3E 5 Mr. Saba stated his concern with the special use-permit request is to try to clean up some of these issues. Is there any way to tighten the enforcement as a condition of the special use permit to clean up the property �Ltself and to be sure it stays clean? Ms. McPherson stated she did not know that the City has the purview to require escrow funds. The Planning Commission can put on a stipulation that states, if there are any notices of enforcement violations, the property owner comes back before the Planning Commission. If the Commission feels strongly about this, there is the option to deny the request. Mr. Saba stated the petitioner would already have the garage built. We could not ask that the garage be removed. Mr. Sielaff stated there is nothing then in the code for repeat violations. Ms. McPherson stated, the way the code is currently written, it requires the City to go to court with the property owner. Mr. Sielaff stated the only way then to provide an incentive to comply with.the code is to not approve the special use permit request. Mr. Oquist stated he was not sure that would be an incentive. The petitioner would nofi then build the garage. The code enforcement is a separate issue and not related to the request. Mr. Oquist asked why the first stipulation allowed until November, 1997, to install a hard surface driveway. Ms. McPherson stated, typically in the past, staff has given home owners up to one year to put in a hard surface driveway. In some instances the homeowner may be constructing the garage themselves,t they may decide to wait for six months, or an unforeseen problem arises that delays installation. If the Planning Commission feels this should be changed, it can recommend something different. Mr. Agarwal stated he was sorry for the enforcement issues. He has other properties that do not have problems. He had a renter that was a problem. He has another renter who was a problem who moved out October 1. Now he has a good family and he hopes these problems will not happen again. He tries his best, but sometimes he does not really know about some�of the prvblems until he gets a notice. Then he acts quickly. Mr. Agarwal stated he wants to build the garage. In Minnesota, people want to have a garaqe. He loses many prospective tenants J PLANNINa COMMIBSION MEBTINa. SLPTEMBLR 5. 1995 PAGB 6 � because he does not have a garage. He thouqht this would help to keep the property clean. He has no problem with the driveway. He has other properties and does not have the same problems there. His intent is to keep it as go�i as he can. He wants a garage to attract better tenants and keep the property clean. Mr. Rondrick asked if the petitioner understood the stipulations and if he had any problems with the stipulations. Mr: Agarwal stated he understood the stipulations and that he had no problem with them. . Ms. Modig asked the petitioner when this job would be completed. Mr. Agarwal stated.he did not have all the proposals from the builder. They cannot lay the floor if it is cold. If he can get the proposals in a short time, he can still build this year. If he cannot, it will have to be in the spring. The driveway and garage will be done at the same time. Mr. Sielaff asked the petitioner when he purchased the property. Mr. Agarwal stated he bought the property in 1981. ,-� Mr. Sielaff asked if the petitioner educated the tenants on what they should and should not be storing. Mr. Agarwal stated he had problems with one or two tenants. Most problems are from one tenant who left after one year. He also had a tenant before this one with whom he had some problems but he took care of the problems. Ms. Schreiner stated their property is to the south of this property. They have been homeowners there for 25 years. In this time, they have seen the neighborhood decline due to the apartment building and double bungalows. She became well acquainted with the neighbor.behind because of violations due to garbage and debris. When they first moved there, the owners lived on the premises and it was kept up. Since that time, it has deteriorated. When the garage was first built in 1987, they were happy to see the garage go up so they did not have to look at the double bungalow itself. The type of people that rent the property are not the best of people. Her husband found out about the proposal for another structure and was told that the property could not be rented without an additional garage. In 1987 shortly after the garage was built, we had a dry spring. The leaves from the fall were piled behind the garage. They have a seven-foot privacy fence which shields them from this property. At that time, they made calls asking to have that debris removed. �, It was never done. Consequently, some kids started a fire which ti PLA1�i1�TINa COMMI88ION I�$TINa. BLPT�BR 5. 1995 PA(�E 7 � burned their fence. As homeowners, they were responsible. The fire department was notified, the City was notified, and one month after the fire the debris is still there. The debris consists of mattresses, box springs, broken toys, tree limbs and branches, etc. Another structure is a haven for more debris. Every year there is more debris. It took three calls this spring to have the tree debris remaved. Ms. Schreiner stated she would like the Commission to see the property. At this time, there is garbage uncontained and stored by the house. Five or six years ago, the existing garage was used t.o repair used cars. At one time, the tenants living �here .:did not have garbage pick up and the garbage piled up. Ms. Schreiner stated, rather than building a garage, she would prefer to see the property fixed up on the inside and make it an attractive property. If you look at the police reports, Melody Manor itself has very few problems with crime, but they will say that the apartment buildings have had numerous calls. She understands the landlord is an absentee landlord. She did not know how much as an owner he can go in and supervise what is going on when the property is rented. Shc believed the address �,.� listed on the sign-in sheet was incorrect. She provided pictures of the property. Ms..Holm stated she lives two to three blocks from this property. She has this past summer and winter started walking 74th Avenue. It has become quite an eyesore. The aerial photo does not do it any justice. The curbs are down. The�gutters are gone. 0ut of all those properties, this one is probably the premier property of not good. There is garbage in the back. There are garbage containers. There is not even an enclosure for the garbaqe. Ms. Holm stated, if you look at the density of the rest of the neighborhood and even if you include the apartment buildings, this is nothinq like the density you are going to get on this property once you get two double garages. It is a long duplex. There are two duplexes that are approximately the same and in approximately the same condition. She has relatives who live in apartments without garages. That is not the issue. The property does not look inviting. As a homeowner in this area and as the perimeter of the area where she walks, this is the one block which is so different from the properties on 75th. The corner properties on 74th are well kept. The. rest are a mini Sheffield. She does not regard this as a tenants problem. You have a situation where the properties on this block are not kept up. There is no incentive for the people on 74th as non-resident owners to do much about it if the City is following through. She ^ thought the City shauld think about this block that is an eyesore in the neighborhood. The area is described as lovely Melody D PLANNINf� COMMI88ION MESTINO, BLPTBMBBR 5. 1995 PA(3E 9 � officer comes, the problems continue. On the ot�er hand, he sees this as two different issues. He wants to see the driveway put in at the time the garage is built or you will have a bad situation. He thought they could make a recommendation to staff that they look at how to enforce that situation. He thought through the rental licensing they should be able to enforce that. He thought they should first deal with the special use permit request and then make a separate recommendation to deal with the refuse issues. Ms. Modig stated she agreed. She thought they had to deal with the refuse issues separately. By not issuing a special use permit, they could be adding:to the problem, and they could deal with it in a different way. She also agreed that she would like to see the driveway put in at the time the garage is constructed. Mr. Oquist stated denying or not denying the special use permit request is not going to clean up the area. Mr. Sielaff asked if the rental licensing renewals are being done now or soon. Is this for all rental properties in the City? Ms. McPherson.stated the City is in the process now. Usually, � this is done during the month of September. She believed the licenses expire on August 31. During September arid October, licenses are renewed and.staff will look at things like proper zoning. Mr. Sielaff asked what wouid happen if the license is not renewed. - Mr. McPherson stated, if the license is revoked, the owner cannot rent the unit. The tenants must vacate the property and the owner would have no income. Ms. Modig asked if this had happened. Ms. McPherson stated they have had some pretty tough situations where the City has come close to doing this. Mr. Rondrick stated he thought the City should get tougher in this area. Mr. Sielaff asked why such a review should not be done before the penait is approved. Mr. Oquist stated these are two separate issues. � Mr. ICondrick stated he agreed that these are two different ' issues. They cannot tie them toqether as part of this request. � PLANNIN(; CO1rII�iI88ION MEETINa. B�PTEM88R 5. 1995 � PAQL 10 �..� The code violations are the responsibility of the code enforcement officer. Mr. Sielaff stated he thought there was the potential for the situation to be worse. In looking at the pictures of the refuse being stored behind the garaqes, it is out of sight and out of mind for the people who live in the rental unit but not out of sight and out of mind for the other residents. Mr. Kondrick stated he agreed but the situation has nothing to do with the request itself. MOTION }�y Mr. Oquist, seconded by Ms. Modig, to recommend approval of Special� Use Permit, #96-16, by Jugal Agarwal, to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 3, Block 5, Melody Manor, generally located.at 370-372 - 74th Avenue N.E., with the following stipulations: 1. The petitioner shall provide a hard surface driveway within 30 days of the construction of the garage. 2. The accessory structure shall not be used for a home ,—� occupation. 3. The structure shall be architecturally oompatible with the existing dwelling. 4. Vehicles, refuse and other materials shall be stored in compliance with the City Code. IIPON A VOICB VOT$� WITH MR. RONDRICR, M8. MODIG� MR. SABA, MR. OQIIIBT� AND MR. RQBCHLE VOTING AYE, AND MR. SIRLAFF VOTING NAY, VICB-CBAIRPER80N RONDRICH DLCLARSD THE MOTION CARRIBD BY A MAJORITY VOTE. Ms. McPherson stated the City Council would consider this request on October 14. Mr. Kondrick stated he would like to find a way to force the property owner and the tenants to comply with the ordinance. Mr. Sielaff stated he thought they were talking about a review of the license renewal for all properties in this area. Mr. Saba stated he thought it would be good, before the City Council meeting, to review the problems of code compliance in this area. � PI��Na COMMI88ION M8$TINa. S�PTBMBBR 5. 1995 PA�E 11 /°'�, MOTION by Mr. Sielaff, seconded by Mr. Saba, to have staff review the license renewal process and look at the properties in the area of 74th Avenue, review the �omplaints, and consider that information when considering the rental license renewal; to check to see if it is possible to pull the rental licenses for the properties in this area with a history of code non-compliance; and to do so prior to the City Council meeting of October 14. IIPON A VOICB VOTB� ALL VOTINa AYB, VICB-CHAIRPLR80N RONDRICR DLCI,ARLaD THE MOTION CARRIBD DNA�TIMOIIBLY. 2. PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE CITY CODE, CHAPTER 205. ENTITLED. "ZONING": By adding Section 205.05.02, 'Application Processes", ainending Sections 205.05.03, 205.05.04, adding Section 205.05.07, 'Vacations', and renumbering consecutive sections where appropriate. MOTION by Ms. Modig, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. IIPQN A VOICB VOTL� ALL VOTINa AYE, VICl3-CBAIRPSR80N RONDRICK �,,,1 DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINa O�F�lii AT 8:32 P.M. Ms. McPherson stated the State legislature in 1995 adopted what is called Article 18, "Deadline for Agency Action", which requires all agencies who are reviewing land use applications, building permits, wetland replacement plans, septic systems, eta., have 60 days in which to approve these items. If no action is taken within this time, the item is automatically approved. The City of Roseville had this happen to them where a gas station was approved prior to the City Council finally taking action on the request. Staff looked at the land use applications to see what needed to be changed in order to comply with this law. Staff is processing language changes to Chapter 205, Zoning. Ms. McPherson stated the largest impact to the Planning Commission is that the ordinance currently allows 60 days to review. This is being changed to 40 days from the time the City receives an application. Staff has also established a process for vacations which is currently not in the zoning code. Staff is also shortening the process somewhat for plats. They are eliminating the public hearing before the City Council. For rezonings, the City Council still wanted the opportunity to hold a public hearing but staff will now be establishing the dates of the public hearing. The way the process now works is that the Planning Commission will hold a�public hearing, at the ne� City ,-� Council meeting the date for the public hearing is established, the City Council holds the public hearing and make a decision two PLANNINa COMMI88I0� �EBTINa. BBPTEMBER 5. 1995 � PAaB 12 � weeks later. The meetinq to establish the public hearing will be eliminated. When the notices for the Planning Commission public hearing go aut, the notices will aiso include the date of City Council public hearings. Mr. Oquist asked why the City Council holds the public hearing one night and votes on another night. Ms. McPherson stated the City Council has always wanted to reserve additional time for research for testimony from the public and to have additional time to make decisions. Through this process, that luxury may in all likelihood be eliminated. The City Council may be required to make a decision on'a request the same night of a public hearing, unless they choose to table it. We must be very careful. We are allowed to table requests for an additional 60 days, but we have be careful as to the reasons why the item is being tabled.. In terms of the changes to Section 205, it does not affect the way the Planning Conamission does business. The language just shortens the time. Mr. Oquist asked if the special use permit heard earlier complies with this 60-day window. '—� Ms. McPherson stated the special use processes have always complied with the 60-day window. ' Ms. McPherson stated, in addition to the zoning ordinance changes, staff will be making minor changes in the subdivision requirements. Lot splits, instead of being an inforiaal hearing, will actually be a public hearing before the Planning Commission. There will also be some changes in the language for submission requirements for the lot split section. The language is somewhat obsolete and will be made to match other sections. Another change is to require a preliminary plat process and a final plat process, and not mix the two. The City Council will review the preliminary plat and then the applicant can submit a separate application for final plat approval based on approval of the preliminary plat. Ms. McPherson stated the other change is to the Charter. The language in the Charter stated that the City Council by ordinance will approve vacations of streets and alleys. This is in conflict with State Statute which states these vacations are approved by resolution. The City Attorney will meet with the Charter Commission to present this language change to the charter. Ms. McPherson stated staff is trying to comply with the window as established by the legislature, trying to establish policies for ^, processing applications which comply with the window requirement, a , w /"\ PLANNINC3 COMMI88ION MEBTINa, BEPTEMHBR 5, 1995 PAGE 13 and basically not put the City in a situation where an . application may be automatically approved without thorough review by the Planning Commission and the City Council. Staff recommends approval of the proposed ordinance changes. Mr. Sielaff stated staff recommends 40 days. 3f a request goes beyond the 40 days, is it automatically approved? Ms. McPherson stated no. If more time is needed, staff will request in writing an extension which would comply with the extension provisions in the Statute which is 60 days. Realistically, the whole process could take up to 120 days if we ask for and receive an extension. If the petitioner did not agree to an extension, staff would schedule the request for review by the Planning Commission, recommend denial of the request, and send the request to the City Council who could deny the request if the applicant failed to agree to an extension. Ms. McPherson stated, in order to avoid not getting the proper information, staff is reworking the information checklists. Staff will not accept applications that do not include the proper information. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public �"1 hearing. IIPON A VOICB VOTE� AI,L VOTINt� AYE� VICB-CBAIRPLRSON RONDRICR DECLARED T8E MOTION CARRIBD AND THE PIIHLIC HEARINGr CLOSED AT 8t43 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to the City Council approval of the changes as proposed. IIPON A VOICL i10TE� ALL VO�ING AYT, VICE-CSAIRPER80N KONDRICR DLCLARED T8E MOTION CARRIED II1�II�NIMOIIBLY. ADJOURNMENT MOTION by Ms. Modig, seconded by Mr. Oquist, to adjourn the meeting. IIPON A VOICL VOTB, ALL VOTINa AYS� VICE-CSAIRPERSON RONDRICK DBCLARl:D T81: MOTION CARRILD AND THE OCTOBER 2, 1996, PLANNINa COMI�II88ION MBETING ADJOIIRNBD AT 8t44 P.M. Respectfully submitted, „� C��1� �t.� Lavonn Cooper Recording Secretary DESCRIPTION OF REGiUEST: The pefitioner, Noah's Ark of Minnesota, a non-profit organi�ation, requests that a zoning text amendment be approved to establish specific parking ratios for elderly/senior housing and care facilities. Noah's Ark is proposing to construct a 108 unit senior indeperulerrt living building on the vacant parcel located in the northwest com� of the irrtersection of 83rd Avenue and the West Universiiy Avenue Se,niice Drive. The zoning desigr�ation on the Noah's Ark developmerrt parcel is G2, G�er�l Business. No parldng ratio within the G2 zoning text can accurat�y reflect the parldng demands on an elderly/senior housing and care facility. SUMMARY OF ISSUES• The City of Fridley Code establishes parldng ratios for office, �.ssembly, manufacturing, warehouse, restaurarrt, and hotel/motel use.s. There are no established parldng raatios for senior housing and care iacilities such as independent living apartmerrts and nursing homes. The propos�ed ordinar�ce am�dment vw�uld es�ablish three nevv parking ratios in the R=1 � Single Family, R-2, Tw� Family, R�, General Multiple Family, and G2, General Business zoning districts. Each of the.se dis�icts p�mit via a special use penmit or by right hosp'�tals, nursing homes, cornal�cerrt homes, and homes for the elderiy. Staff is recommending the following paricing ratios: Convale.scerrt Homes One space for every four �ds and three spaces ivr every four employees on the largest shift Irxlependertt Livinc� Facil'�ies One space per un�, with 50% of rate, then the numb� of stalls shal! Assisted Uving Facilities One-half space per unit the si�lls �closed. If the building is conv�tible to market be based on the number of bedrooms. STAFF RECOMMENDATION TO THE PLA�VNING COMMISSION: Staff re�ommends that the Planning Commission recomm�d approval of the above parking ratios for nursing homes, independe,nt living apartmerrts, and assisted living facilities. Staff R�ort ZTA #96-02, by Noah's Ark Page 2 PROJECT DETAILS PeUtion For: A zonir�g text am�dment to provide sPecific paridn9 ratios tor eid�ly housing and c�re facilities. Location 83rd Avenue and West University Avenue Service Drive of Property: Legal Description Lot i, Block 1, Springbrook Apartments at Nortlitown of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availabllity of Municipal Utilities: Vehicular Access: Pedestrian a�: EnglneeNng issues: Site Planning lssues: 143,163 square fee� aPPro�amat�y 328 acr� Mostlyy flat, evidence of fill, we�and along west edge of site Reed canary grass, aspen, willow trees, oth� we�and plarrts G2, General Business; Springbrook Apartm�s at Northtown Available in 83rd Avenue 83rd Av�ue, West University Avenue Service Drive L►TI1 Stormwater, wetland replac�nerrt � � � � staff a�ort ZTA #96-02, by Noah's Ark Page 3 ADJACENT SITES WEST: SOUTH: EAST: NORTH: Comprehensive Planning issues: ^ Public Hearing Comments: !"'1 Zoning: R,3� Genera! Muitiple Family Dwelling L�r�d Use: Mul�-i�mily residerrtial Zoning: G2, Gen�al Busin�s Land Use: Of�ice ZAning: Unknowm Land Use: Spring Lake Park Zoning: G2, Ge�eral Busin�s Land Use: Commercial r�ail The zoning and Compr�ensive Plan are consisterrt in this loc�ation. To be iaken. DESCRIPTION OF REGtUEST The pehtion�, Noah's Ark of Minnesota, a r�n-profit organization, requests that a zoning text amendment be approved to �tablish specfic parking ratios for eld�ly/senior housing and care i�cilities. Noah's Ark is propo,sing to construct a 108 unit senior ir�ependent living building on the vacant parcel located in the �orthw�t com� of the intersection of 83rd Avenue and the West University Avenue Service Drive. SITE DESCRIPTION AND HISTORY The subject parcel is laxited in the nor�w�t com� of the irrte�section of 83rd Avenue and the West University Avenue Senrice Drive. Located north of the properly is Wal-Mar� located west of the properiy is Springbmok Apartments. The subject parcel is zoned G2, General Business. Homes for the elderly are a p�mitted use in the G2 zoning distr�ict. The property is curr�tly vacant. The most recent land use request for the pancel in 1988, in which a car deal�ship was proposed for the site. Staff R�ort ZTA #96-02, by Noah's Ark Page 4 A Type 5 we�and exists along the w�t property line. A portion of this wetland wili need to be filled in or+der to oonstruct the proposed building. The Planning Commission will also be reviewing a we+tland replac�r�errt plan in compliance with the 1991 Wetlarx! Conservation Act and its 19� am�dmen�s. The pefittion� is also Pr�sing a variance request to reduce the re�ar yard setback from 25 feet to 15 feet. ANALYSlS The foilowing zoning districts, by either special use permit or by right, permit hospitals, nursing hom�, cornalescer�t hom�,s, ar�d hom� for ii�e eld�iy: R-1, Single Family; R-2, Two Famify; R�, General Multiple Family; and C-2, Gene�al Business. In none of these distric�s, nor anywh�e in the Zoning C.ode, do any of th�e us� have specific parking ratios, with the exception of inedical uses which r�uires one space for every 150 square feet of area. The Zoning Code establish� parking ratios for office, manufacturin9, assembly, �estaurarrts, and warehousing uses. Staff is proposing the following parking ratios for each of the specific uses listed above: Senior Indeoendertit Living Facilities One parking stall per ur�it w+th 50'/0 of the proposed stalls being enclosed. If the City determin� the building is cornertible to market rate, then the number of stalls required shall be established at a rate of 1.5 stalls per one bedroom with an additional .5 stall for every additional bedroom over one (this parking requirement is already established in the City's Zoning Code). This is similar to the ho#e1/mot� parldng rati t�as afso been supported by the petitioner's this ratio with the provision for cornersion. Nursing Hom� � established in the Zoning Code. This experi�ce. Minnetonka also requires � P��9 �� p�' �ery tour beds ar� three parldng stalls for every four emp4oyees on the larg�t shift, In reviewing iriformation submitted by Fridley Convalescent Home for i�s recerrt e�ansion, this rat�o is simifar to adjacent c�mmunities' requirem�s {sse attached parking sunrey). Each community F�as a�ratio which combines the number of beds with the number of employees. n � � Staff Report � ZTA #96-02, by Noah's Ark Page 5 Assisted Livin4 Facil'�ies The petitioner submitted ir�fomnation regarcling historical parldng use fior assisted living iacilities. The petitioner requests .5 st�ll �r apartment unit based on the activities in a senior assisted living building. These types of iacilities are fairly new and parking iriformation is difficult to obtain. Staff will provide additional irrf�m�ation r�arding these specific faciliti� at the mee#ing.. RECOMMENDATiON Staff recommends that the Planning Commission recommend approval of the zoni�g text amendment to add the following parking ratios for hospitals, convalescerrt homes, homes for the elderiy: Convalescerrt Homes One space for every four beds and three spaces for every four employee.s on the larg�t shift. � � Independer�t Living Faciliti� One space per unit, with 50% of the stalls enclosed. If the building is convertible to mariccet rate, then the �umb� of stalls shall be based on the number o# bedrooms. Assisted Lavinq Faaliti� One-half space per uni� ,� C—� Brooklyn Center New Brighton Contact Ron Warren Ernie Mattila Maple Grove Dick Edwards �pring Lake Park Clark Saint Anthony Kim Psych Minnetonka Parking Survey Requirements 1 space per every 4 beds, 1 space per every 2 employees, 1 space per sta.ff doctor. 4 spaces to start then add 1 per every 3 beds, 1 per �octor, 1 per each employee on the major shift. 4 spaces to start then add 1 space per every 3 beds. 1 space per every 4 beds & 1 per every 2 employees. 1 space per every 5 beds & 1 per every employee on the major shift ' 1. space per every 4 beds plus 3 spaces per every 4 employees on the major shift � e - , , �� , !"� O A � A It C li ( T G' C' "f li 1: :1 1_ I� f''S� 1"'G \ Y:� R'I N C: R ti. P. :1 . � �i � PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planninq Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 16, 1996 for the purpose of: Consideration of a Zoning Text Amendment, ZTA #96-02, by Naah�s Ark, to amend the Fridley City Code, Chapter 205, entitied "Zoning", by amending Sections 205.07.01.C.(8), 205.08.O1.C.(8j, 205.09.O1.C.(7), and 205.14.O1.A.(14), to provide parking standards for hospitals, nursing homes, convalescent homes, and homes for the . elderly. Any and all persons desiri�ng to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3593. Hearing impaired persons planning to attend w interpreter or other persons with disabilities a�ixiliary aids should contact Roberta Collins later than October 9, 1996. Publish: October 3, 1996 October 10, 1996 ho need an who require at 572-3500 no DIANE SAVAGE CHAIR PLANNING COMMISSION OCT- 4-96 FRI 8:39 AM ARK DEVELOPMENT I�C SEP-1�-1996 10=03 CiTY � FFt2At,.EY t�'TY OF FRrDLEY �i YJNivE�rT�r av�ruE r��. F1tIDLL�Y, NXN S543Z FAX N0. 612 484 9254 P. 2�. bi2 571 i26? P, e-y83 �'�� (612) 5T1 3450 COMMUNt?Y DEYEL@Y11�ENT DEP�lRT1M�ENT ZO�'�lING TEXT AMENr?N.tENT 1Reguested Chan e Sectiost of Fridlry Code tc be changed .(Attach additional dowments if neces:�ry►) Requa�c Langua8e� 0 addlrioaai dacu�ts;fneca��y) u � ►: ' r L .cZ' — • � _ �Q c, (,t,�' p/11C��n/B � ��7Jlf�M1T' 4.1�1 �Y�' Reason fot reqnestM c�aa,BQ iAnarh�additiwnal documet�ts if n�cssarvl .: �. , � � ti; :,. ' r�> ��.. rrl• -.c:.:�� u ..�: NAME � SIGNATURE .r- � . _L �cc. � • � � � ;r t_ . �� 1��'�i`a DATE /D� � ' � C �'ee: 5300.40 - ZTA # Receipt # AQplication rtcdvcd by: Scheduted Planaing Cammissian aau: - - Scheduled Cty Gouncil date: TOTAL P.03 �� '"'� � ZT�`#96-02 Mailing List Mailed: 10/2/96 Noah�s Ark of �Minnesota, Inc. ,� N .i's Ark of l�T, Inc. Gary Bidne 8484 Lexinqton Ave. No. St. Paul, I�Ild 55126 University Ave. Assoc. 7841 Wayzata Boulevard Minneapolis, MN 55426 Fridley Moose Lodge #38 8298 University Ave. NE Fridley, MN 55432 Wal-Mart Stores 8450 University Ave. Fridley, MN 55432 � ��, W. Barbush/ Bryant Investment 8290 IIniversity Ave. Fridley, MN 55432 ANB Realty Corp. 5th & Minnesota Streets NE 1400 American Ntl' Bldg St. Paul, MN 55101 Springbrook Apartments Attn: Manager 101 - 83rd Avenue NE Fridley, I�T 55432 Northwest Orthopaedic Surgeons 8290 University Ave. NE Fridley, MN 55432 Diane Savage NE Planning Comm. Chair 567 Rice Creek Terr. NE Fridley, MN 55432 Wal-Mart Stores, Inc. 702 - 8th Street SW Bentonville, AR 72716 WalMart/Retail Trust IV 1100 North Market St. Rodney Square North Wilmington, DE 19890 City Council Members DESCRIPTION OF REQUEST: The petitionerg requ�t approval of their we�and replacemerrt plan to allow fill to be placed in a Type 5 wetland. If approved, the partial filling of the we�and would allow construction of a 108 unit senior independerrt living aparbmerrt building. The requ�t is for the vacant 3.2 acre parcel located at the irrtersection of 83rd Av�ue and the West University Avenue Service Drive. Approx+m�tely 2.1 acres of we�and wil! be filied ff approved: . SUMMARY QF ISSUES: The petitioners have submitted the information required ur�er Section 205.27 errti�ed "Wetiandsu and under the 1995 amendmerrts to the 1991 We�ar�d Conservation Ac�t. Peterson Environmental Consul�ng; Inc., the City's consultar�t, has reviewed the petitioner's proposal, and has found that it compli� with the Act and it�s subsequent amendmerrt.s. The pefitioner is proposing to mitigate impact on site by..expanding the wetland along 83rd Avenue, along the south side of the proposed building. . In addition, some of the Type 5 wetland wiA be cornerted to Type 6 weiland, resulting in no loss. With the 1995 amendmerrt.s, the petitioner will also receive w�and mitigation credit for the proposed reter�tion pond designed to addr�s the stormwater n�rwff from the site. The petitioner will be required to monitor the wetland for 5 years after construction of the we�and to insure that it functions as a we�and. The wetland will be cre�ated and seeded with a combir�tion of existing wetland soil and MnDOT seed ma 280. Staff v�uld like to review this mix. RECOMMENDED ACTIONS: The proposed wetland r�lac�nerrt plan mee�s the orclinance and S#atute requir�nerrts. Si�ff recommends that the Planning Comm'�sion reoommend approval of the replacem�nt plan, WR #96-01 to the City Council with the following stipufation: 1. The petitioner shall submit monitoring ir�formation #o the Ciiy on June 1 of e�ach ye�ar, #rom 1998 urrtil 2003. 2. The petition� shall submit the plarrt list for Mn�T seed mix 280 to staff for r�iew. Staff Report WR #96-01, by Noah's Arlc Page 2 PROJECT DETAILS Petition For. Locatton of Property: Legal Description o# Property: . Size: Topography: Existing Vegetation: Existing Zoning/Platting: Avaiiability of Municipal lJtilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: ApProval of a wetland replacemerrt plan to fiil .19 acres. Northwest com� of the irrtersection of 83rd and University Av�ue Lot 1, Block 1, Springbrook Apartmerrts at Northtown 3.2 Acres Mostly flat, site shows evidence of historic fill, wetJand is located along the w�t property line. Grass, scrub trees, and plarrts associated with wetlands G2, Generai Business; Springbrook Apartmerrts at Northtown; 1985 L�ated in 83rd Avenue West University Avenue S�vice Drive N/A W�tla►x! replacernent, detention pond a, ,� � %-� 2 _ ,.-� S`taff Report WR #96-01, by Noah's Ark Page 3 DEVELOPMENT SITE Descriptlon of Request The petition� requests tF�t a we�and r�lac�ment plan be approved to allow filling of .21 acres (9356 square feet) of Ty� 5 wetland. The petition� is proposing to constnact a 108 unit senior ind�endent living apartrnerrt building. The building is proposed to be four stories in he�ght, with one lev� dedicated to underground parking. There will be 72 �und�ground par�dng spac�, and � surface parl�dn9 spac�, with 12 additional °proof of parking� spac�. The building will corrtain a c;ombination of one and finro bedroom un'�ts. The building will be subsidized, therefore 40% of the units will be t�argeted to seniors with incomes of less than $30,000 ($26,220 for 2 person households, $22,920 for 1 person households). Site Description/History The subject parcel is located in the rrorthwest comer of the irrtersection of 83rd � Avenue and the WeSt University Avenue S�rice Drive. Located norti� of the property is Wal-Mart. La�ted west of the property is Springbrook Apartmerrts at Northtown. The subject parce� is zoned G2, General Business District Hom� for the elderly are a permitted use in the G2 district The property is currently vacarrt. The most r� la� use requ�t for the parce� was in 1988 in which a Car dealership was proposed for the property. A Type 5 wetland e�asts along the w�terly properly line. Approximately 2.1 acr� of this wetland is proposec! to be filled. In addition to the we�and replacemerrt plan, the petition� is processing a variance to re.cluce the rear yard setback from ?� feet to 15 feet, and a zoning text amendmerrt to provide specfic par�dng r�tios for senior housing and c�re facilities. Analysis The Type 5 we�and to be impacted is located along the westerly property line. Type 5 wetlands are inland fresh w�ter, and are characterized as being shallow (<10 fe�t de�), and finged by a borde� of em�g�t vegetation (cattails, reeds, dogwoods, and other associated shrubs). This weUand is Palustrine (r�t associated writh a lake or a river� in nature, with and has a sandy bottom which is irrt�mittently exposed. The �lge of the we�Nand is wavy. The site exhibits evidence of historic fill occurrences. � �� Staff Report WR #96-01, by Noah's �k Page 4 The p�tition� will be fiNing a total of 9,356 square feet of we�and. The 1995 am�dm�ts to the 1991 We�and Co�eryation Act increased the d�ninimus fill perrniited ir�m 400 square tee� to 5,000 square feet in counties with gr�t� than 50% of their wetlands r�naining. The petitioner, therefi�re, w+�uld be required to replace 4,356 square feet At a minimum, this must be r�laced at a rate of �1. The pefitioner is proposing a replacement of 13,333 square fee#, just ov� three times the impact area As required_ by Statute, the petitioner has submiited the wetland d�ineation, and a replacemerrt plan for review by the City. Staff was assisted in the revi�uv of the v replacemerrt plan by Mike Graham of Pet�son Environmental, and the Board of Water arxJ Soi! Re,sources for intetpretation of the new statutes. � The petifion� is required by statute to do "sequencing°; determining if the prdject can avoid the wetland, a�! impact minimization (see attached r�rative from Ulteig Engineers). The petitioner has attempted to minimize impact to the wetland by minimizing the footprint, moving the building as iar to the east and north as setbacks allow (variance to the rear yard se�ack is requ�ted), ar� reduang the amourrt of ,-�, grading required. The petitioner preposes to mitigate the impacts on site in three ways: 1. Expanding the wedand in finro locations; adjacent to the west side of the building, and along the south side of the building. These two are�as wi8 provide 7,485 square feet of mitigation area 2. Creation of a retention pond (one that remains wet) on the property for stormwat�' contr�l. The amencled statute giv� 75% credit for reterrtion basins of this naiure. This area will provide 5,848 square feet of miti9ation arpa. This basin, while co�nected to the wetland, will not �drain° irrto the wetiarxl, water wiil enter from tt�e bottom of the reterrtion basin, allowing pollutants to settle irrto the reterrtion �r�l. 3. Cornerting some of the Type 5 wetland edge to Type 6, a shrub swamp. This will allow plarrting of more shrubby materials. These areas, while now being considered as impact are�as, may be candidates for "no loss° determirrations by the City. � 4 _ ,..� Si�ff Repo�t WR #96-01, by Noah's Arlc Page 5 The petition� will create the wetland by eucc.ava#ing the upland areas ir�licated above. Wetl�and soils to provide a seed bank ior the w�e�and will be spread ov� the e�ccavated areas. The pebtior� will be required ta monitor the wetlar�d areas ior five years. The pepfioner will submit an annual morritoring report to the City in a000rdance with the Statute. StRff requests that the pe�itioner submit the Minnesota Departmerrt of Trdnsportation Seed Mixture Type 280 s�d list fior staff revi�nr. Peterson Ernironm�tal agrees that the wetlar�d replac�ne�nt plan complies with the St�te Statute and ordinance requir�nerrts. The proposed development meets ail other zoning district requiremerrts. Recommendation Staff recommends that the Planning Commission rec�mmend approval of the we�and replacement plan WR #96-01 to the City Cowicil with the %Ilowing stipulations: 1. �"� 2 WEST: The petition� shall submit monitoring information to the City on June 1 st of each year from 1998 urrtil 2003. The petition� shall submit the plant list for MnDOT seed mix 280 to staff for review. Zoning: SOUTH: Zoning: EAST: Zoning: NORTH: Zoning: Comprehensi�ne Planning Issues: Public Hearing Commerrts: ADJACENT SITES R�, General Multiple Family C�, General �opping Center G2, Gen�al Business G2, Gen�al Busines.s � s Land Use: Re.siderrtial Land Use: Assembly Lar�d Use: Var.ant Land Use: Retail N WR #96-01 8 3 rdlUnivers ity Avenues Noah's Ark LOCATIUN MAP ''�\ � � � u-- � O � � � � �C z u� � � ��d� ��oo — � z � �-o z � �. � � � .� � a �� ; �i � �o, ��t� �� ± Iii �� i � � � � � �� rw nmam..ue.a w�eax�n�x� �.. ca $ � II � I � � ps � �� $p� : �B � � � �I � � � Kvw � < � � : .� ,, �: � �. �� w � � '�-590-21Y'+q 1CLA 9 'd � � +P�P 'O9 �Z� ¢ M� P . _1.�' i%. _ VLD6�@767 J � V10�8�eW "A3"tlMd 'GWV �Ni�@U 1M QOI ANIg1011110Wi5 J.7"IGRId -� •/e .7 9 u°"�b °� � g � g � . �� NVId � � � a � � � � � � EE .EE I 1 I I I I I � � � � � �r � � i i I I I ce � .ec � � � I � �: j � I � I � I � �I � II � 'I I � i i � i i ��, � � � � � i I � I I � � � � 0 � 0 m �� \ �"'�, � ,�� `"`� �� OCT-07-1996 16�00 CONSULTIIVG ENGINEERS October 4, 1996 ULTEIG ENGINEERS INC 612 571 1168 P.01iO3 �OHE G12� 671.2500 FAX b1?,.6Yi•17G9 ULTEIG ENGINEERS, irvc, 520t EASf FIYER ii�G SUITE 3oB MlWIeEAPBLiS. MN 66a21 Ms. Michele McPherson City of Fridley 6431 University Avenue NE Fridley, NIl�T 55432-4383 Re, Fridley Independent Living 1�t Northtown UEI Project No_ 96725 Dear Ms. McPherson: In response to the. letter by Mr. Mike Graham, Peterson Environmental Consulting, Inc. dated September 23, 1996 on the WCA Replacement plan, please find the following. IMPACTED AIETLAND SLCTION 1. Applicant: Noah's Ark of Minnesota, Inc. 3434 Lexington Avenue N St . Paul , P+IDT 55126 Attn: Mr. Gary Bidne 2. Enclosed is a copy of the Z7SGS map for the area. 3. 4. Mr. John Wilczek, �,ssistant City Engineer, stated that this site is within Six Cities Watershed District. We estimate the wetland impact would be about 0.19 acres, considering the avoidance measures deacribed herein. 5. we have consulted with Pat Arlig, Arlig Environmental, who performed the wetland delineation. She was agreeable to making this cha.nge, to Circular 39 T�rpe 5, and NWI type PUBG. . 6. Fridley Independent Living is proposed as affordable housing for seniors. A project such as this requires a multi-story building, and typically somewhere in the range o£ 100 to 110 unita to attain a low enough rent structure to meet the criteria set forth for these projects. Due to the above, the faotprint was established, as well as the building height, which waa maximized. This building footprint was then laid out within the boundariea of the lot, matching the setback requirements. The building was shifted several times to minimize wetland impacts on the west. . `�"' , =t E ta� � �� EOUAL OPPORTUNItY EMPIAYER � OCT-07-1996 16�00 City of Fridley UPi No. 96725 ULTEIG ENGINEERS INC Fridley Independent Living 612 5?1 1168 10-7-96 As the existing wetland extended out into the proposed building footprint, and the buiiding called for a level of underground parking for the residents to_be located beneath the building, we prvposed that fill be intrvduced into part of the wetland to create a new wetland type, and assist in providing some barrier between the garage level and the wetland (see Cross- Section No. 2). The building has been shifted as far north and east as setbacks allow, to minimize wetland impacts. Grading around the northweat corner of the building has been revised to minimize wetland impacts (see enclosed partial grading plan). The proposed grades around the west and r�.orthwest ends of the building were lowered from finish tloor elevation of 880.o to an elevation oi 875.o to minimize the impact to the existing wetland. �'his change required the addition of a retaining wall around the patio located at the northwest corner of the building, with additional cost associated. We have also reviaed the grading plan to reflect our telephone conversation of today. The Type 6 wetland fringe to be established along the eastern perimeter of the existing wetland will be defined as the area between the 865.5 and the 866.5 elevation. The elevation of 865.5 was the approximate level of the water=within the existing wetland at the time of our survey. Note that the proposed outlet from the stormwater/created wetland area located due south of the building is 665.5, so as to not disturb the water level of the existing wetland: We will be submitting a revised wetland replacement plan whieh incorpox'ates.these changes to the grading plan. 7. We understand that a Corps of Engineers Section 404 Clean water Act permit will be required. REPLACEMENT WETLAND SECTION 8. Question 2- Revise wetland replacement ta PUBG for Nw2, and to Type 5 for Circular 39. The stormwater pond area at the NWL is about 0.17 acres. If we were given 100a credit for this area, that would be 0.17 acres. At 75a credit, that would be 0.133 acres. 9. Question 3- Legal Description - Lot 2, Bloek 1, Springbrook Apartments at Northtown, .Anflka County, Minnesota 10. Question 9- Encloaed axe the profile views of the existing and proposed wetland, and stormwater pond/ Page 2 P.02iO3 • � �� , OCT-07-1996 16�00 ULTEIG ENGINEERS INC 612 571 1168 P.03iO3 City of F=idley Fridley Independent Living 10-7-96 UEI No. 95725 mitigation wetland with approximate normal water level, and wetland boundaries. The fixed photo reference points will be indicated on the wetland replacement plan. 11. Question 10 - Wetland mitigation would consiat of extension of the exiating wetland around the southern part of the building from the west. This wetland would provide aeveral ahallow ponding areas, as well as an opportunity to introduce more diversity in the wetland plantings. A second mitigation area would be created in the form of partial credit for the stoxmwater pond, as allowed by the new we�land legislation of 1996. � 12. Queetion 12 -:�The monitoring plan we propose to use would parallel that by WCA Rules 8420.0620, Subpart 2: In summary, we would provide an annual report, and other site-specific information as identified by the LGU: item8 A through E as required by the LGU. GENERAL CO�Il+�FNTS 2. See the enclosed cross-section of the Type 6 wetland fringa proposed for along the eastern perimeter of the existing wetland. Also, see the enclosed highlighted �"1 area on the grading plan, defined by the elevations 865.5 to 866.5. To protect the existing wetland until final vegatative protection is established, we propose that ailt fence be installed aiong that wetland perimeter which has disturbed soil upstream. As required by the MPCA Gei�.eral Stormwater Permit, this silt fence will need to be maintained until final vegetation is estab].ished, when it should be removed. � If you require any additiona�, information, please contact me. Sincerely, lJ�'"(�'v"'"��1 �� Chaz'].ie F_ Melcher, P. E. Project Engineer ce. Mr. Mike Graham, Peterson Environmental Consulting, Inc. Ms. Pat Arlig, Arlig Environmental Mr. Skip Sorenson, JSS Architects Page 3 TOTAL P.03 OCT-�7-199� 12=21 ULTEIG ENGINEERS INC 612 571 1168 P.03/07 , � � `�, �� — W �X � � l.�J N ` i � � • � . L } � � � , /"'`. . O � �—.��' . `__ �� tp �� `; ; d � �n J � ``' �. � J ' � L1..1 , , � �� ~� --- — —; --- —9g ------------ -- -. O� � , � :� x �� ,�9g � �`\ c� ; � ' � �',, c � , � : , ' � ` 998� '� , � � , , � , � ; , , �, � � � •, , � � ,, � , , ,, ;, „ , , � ; , ; _r _, �+ __ _ _ ---- �, � i � � , , ' � I � - � , y Q . , `� ' h ��c�_ _�- `� �tB.___-- � ` _ �' 18 � � �' � i , c�''„� . ^ . ... � , ; _ , � `° � i ' ;' ' , Q o ,� �,� ,, , � ! � I. �—�o . �i� � �' � ; �i ��,�j �, ' L1J7 _ � � - O t ��f � _ � � N,� W I� � �, _ \ � x � �� `� p �� ,� �� i ,y�� — — 1 � � � �� I , �t � ` o . .}� � • � � � m •S� t . _ , , Mf � � � : ' � _ ., � ' , � � � � � . �� `� , m w a2�W �f � �'' � ; ; � i � I ��X,,; c� z o`'� � �� i s �. � ; �, '', L 1 J _ � ^ � ! ao ; ' . � � 00 ' � J ' � �-- o �.x- ,' � `' `�� • 2 � � �. y , t ; �` � `�°• ` ' ' ; � ; � � �'�,` W, �� G — � d- N 00 � � ' '+� � � � ' <•� � !n Q � � � i� 1'� � �p � `Li i � � i i x ` f � � � • � � � � � � � i � � � i �``` � ��x U 9 � `� y o�oi � ` I � � ,; v� '`�?`�� . � (,j �t) �X � � � � t� ^ � " -: �:.� � ( y � �D � , � , � ��`::�,� -- � � � ; � II / � ��' � ` -"� `�� 1 ! t'• ; ; i ao vi L J .. � ! � , ' II ` ; �. �, X x ` � 1 �B� tly. 1 i � ? / 1: ' . �,` I � , , �� /' � ' -' � ' oS L 1 ,` � � t10 , w� f � � Z U X ' �-+ .� � -'- '- -' a � - _ : .� j' '�^ `� � � � Q ��z � .' -�---- '::: ' .' . , � � � � � .� Q�'` � / v � .' �` .�� , � / � �O - � . : � O. 1 \ / � .- --- �` �`:� ; `�� <<- I l{.I 7 '� �`� ay�� .�. .�� _' ` '-- W 1[% �° � � �� . .� �� _ _ --_-__ _ --; � � � � � / �/ � _ ,% I 1 ; `•,y'� ''� =- ____ _ '- . � .�;� � t5 � 1 J ---►--=� — — �. % � _ . �� cvoa � � JC��B ' ` ` ---.. .. ~ �;� — — � , p rn � r_'_—' : •� i � ` --- ^--� ` ' � rD` • :�� i� � �• . ' � � � � ' -�--�� • �� ♦ � flp CQ : ._._ , ; ____..- _ .' � _ ':� . i . � �� II '`. ' �� /_—. — �' �. �'`^ '`. �:� � pp �: � �• ; � i /� '. �� Q � '. � � `� � �p N w y ,''� % • : : �- , `,_ .. } `�F'Q5'�', : ` '.� � 6' - ,- . , -, . ., , �y>� , ,, � � �: rn_ �,� ,� ., `, , � z z . ,' � �' , --- . _ �, � _ _—; `� ' �O lti � `` .�,�`` ��: � `� � �i J! ; .� i '"' � 7 ` �i� � ♦ � ,: ' gg �" '., --'- - �. ,'. w � oo �� , � ; _-" � .� Y, - � ` � ,� _-;�---- � ~ '•, , i - i ..� ,c,� �', o , � ^�� 2, ti, .� � ;� -- ; � �-., a w �. �� . at � .t"' �°'^r a o� o�,.o �o� � o,' _ �'� _ �y� `�� Q � : -�, W'l� `,, , �� : '; � ,� _�_� _ '- _ ` �^ ' ., _ ._ �. � . ,� '�i i i y. L. � _ �-�i ` ..`V..a: '"s,*1�... �4 - ' ^ - ``'� ``n4''1f; �. �`. , / v¢i - --�_. � , -- I OCT-0?-1996 12�21 �n� _ �� 'dX ''�1. i �I '19 , ., o_ � � W � �m O? �u � 00 {� —�',c!'� F a! � Z� � � �W ULTEIG ENGINEERS INC ; �� - .r� `�X � � — s ` 8,� __--�---------=--------------- — — "--- 872 -------------- -------- `-- -�------- ---------------- - --= -- -- __ _ 86 87p,,,, � '•�j � ' � r 9. � � -�` .�` `�, � .�` , ,` .� � � .� � ` �` `, ��. �. �� `� � �,, .`, , , � � .�`, ,` , , ' . � � � � � � . � � � . � � � : M ... ' . � 612 S?1 1168 P.04i07 � 1�` i . �� x ia �`'�- C`'1- � :� , � � �..� r-��-r-�T--�--r- , �� s. � ! %� n Ha`c�ff�a � `��' _. t � � , ; � ; �_ , � � - '- --- ' x ' �.. ----- � , �'. i t � � �.- `�� ' l '�(��' _ ` (��% �— �o� �� c �x , �l'�. � :� i^ �, a6��, ,, - ------, . ; _ ,, .��,� ' ,,�1 � ,�y�- " � �8 °'. r�-'�;,��'_-�_ ' -�_° 4 J � 1 60 J � E- N � 0 z � W � OCT-07-1996 12�22 ULTEIG ENGINEEAS, INC. CONSULTlNG ENQINEERS FARGO-NliNNEAPOLIS 815MARCK-MINOT ULTEIG ENGINEERS INC 612 571 1168 P.05i07 � PROJECT NO. 1 h/'�:+ gy_�-.I' !�/�e.l['f<t.� ., DATE ( U�/�.'i6�,.:, ,'''•`_� PROJ. TITLE � �� CHKD 8Y OJ1TE. ..'F�`°��`�•'" _��y1 '•� PREIIMINARY.�'C FINAL`�""' " ''� .u"r '�� .`�.:. � rr�, �` S�cr�onr /IJo. �. -- r�..�Q j :':':��;� . � S�-tEET 'pF•� " � w�: . i\t •'.-: ?k;;• 3 Q' ' J •� ��ti� ��. 1 . ��;� . .'ts' . � '.. .,_. .. O � -� q � � � ; � � N � 3 b 2 Y 0 0 J OCT-07-1996 12=23 .._ IsIL I,F.IQ G\UII\CCflO� IIVV. CONSUITiNG ENGINEERS FAAGO-MINNEAPOLIS BISMARCK-MiTIOY „�, _ n ULTEIG ENGIhIEERS INC 612 571 1168 P.06/07 � I�vu�V� ��v. u� �— �' aif��G ' . PROJ. TI'TI.E FRIO� i� �iIO,E.�FadOL'�Ali LN�V�IKO 8Y '•`�'"'"'-'� � DATE " . �;� • ' "� .. � . �;;�,..:�, PRELIMINARY� FItJAI. , �•:<. ; r� � 'SE�TiO�✓ �-eZ - CR��'f'F.D � ��7"L:i9N08HEET � � OF � . . � .'..;:. , . �-^�� - __ OCT-07-1996 12=23 -� j Ua..i�uu u�tnn�uw� tttv. COir1SUL7iNG ENGIN�EAS FARGO-MINNEAPOl15 BISMARCK-MINOT A� ., ULTEIG ENGINEERS INC _ 612 571 1168 P.07i0? PNOJ. TITLE �IQL„6srl�" '��6N11�a1[3' CHyl�G . ''r 't`. `. KO BY � DATE.�='��''"� � . , PAEUMiNARY� FlNAL ITEM C1�OJ'.% S�C�%xON � +�3 'r r0/1%� ' �' SHEEI' � � � pF: � TOTAL P.07 \ 1 1 /�'\ PETERSON 1V�EMORANDUM ENVlRONMENTAL CONSULTING, INC. TO: Michele McPherson FROM: Mike Graham'�`'�~�'' DATE: September 23, 1996 SUBJECT: Ultieg Engineering/Ark Development WCA Replacement Plan Springbrook Apartments at Northtown Michele: I have provided the following questions and comments on the WCA Wetland Replacement Application dated September 13, 1996 submitted by Ultieg engineering. � Some of these items may seem minor and tedious but the WCA rules at 8420.0530 - Replacement Plan Components require that the applicant provide the in�ormation. 1. Need applicant address and phone number information. Impacted Wetland section: 2. Question 1- Need a larger location map showing at least a one or two mile radius around the project site - I suggest a U.S.G.S. map. 3. Question 2- The site is very close to Rice Creek Watershed District. Has it been verified whether the site is inside or outside the Watershed District? - Provide a legal description of the project site. 4. Question 3- The size of the wetland impact is 0.21 acre--this was not provided. 5. Question 4a - the Circular 39 type is Type 5 and the NWI type is probably closest to PUBG. 6. Question 10 - We need at least a brief written description of the nature of the project. Perhaps something like this has already been submitted to the City. Pertinent information � includes the project need and purpose and reasons for why the wetland must be filled as proposed (setbacks etc.). Because the project impacts less than 10,000 square feet more Page 1 than the de minimis amount of 5,000 square feet, we can provide an"on-site" sequencing ^ determination if we agree that the plan has avoided and minimized wetland impacts to the degree feasible and pruden� I would agree that the applicant has done this, but would like some explanation as to why the fill azea in the northwestern' portion of the site (Wetland Fill Area #1) can't be reduced somewhat. 7. Question 12 - other pernutslapprovals which should be listed include the Corps of Engineers Section 404 Clean Water Act permit. Replacement Wetland section: 8. Question 2- Change to PUBG for NWI type and Type 5 for Circular 39 Type. Also, indic�te the amount of credit �eing propose� for the storm water pond (0.13 acre). 9. Question 3- Insert the legal description. 10. Question 9- We need profile views and fixed photo reference points of the mitigation areas. 11. Question 10 - As noted on the application, we will need a written description of the mitigation plan. This should include an indication of the storm event (10, 25 year etc.) that would be contained by the storm water pond. �"1 12. Question 1 Z- As noted, we will need a monitoring plan. The contents of the plan are listed in WCA Rules 8420.0620 Subp. 2-Report content. Under "Special Considera.tions"--the marks under "No" should be changed to "N" meaning that �Teither the impact or replacement site has the condition indicated. Question 9 should be "B" under the "Yes" box. General Comments: 1. Although it would not have made a significant difference on this site, the report prepared by the wetland consultant states that the 1989 Federal Manual for ldentifying and Delineating Jurisdictional Wetlands was used along with the 1987 Manual. The 1989 Manual is no longer used by any regulating bodies in the state of Minnesota. 2. We need some detail on the areas behind the building where Charlie indicated the bottom elevation of the PUBG wetland would be raised to create some PSS (scrub/shrub) wetland. If this is still proposed, we need to see a plan view of where these areas would be and a cross-sectional drawing showing the existing and proposed wetland bottom and the normal wa#er elevation. We would need to review this information and decide if we can make a"no loss" determination on this activity per 8420.0220. � � WETLAND CONSERVATIONACT WETLAND REPLACEMENT PLAN APPLICATION Applicant Name: �� ah Y �r k- o� /y%n►�ve. rv'�j �+� • Applicant Address & phone: r�, `f `c�� f 1�� X( ��1 `��.� C��7 ��;� .�'�=''. ,��j- . ��.c.�{< < l��l� `� � I Z-f� Name and Addtess/phone of any Authorized Agents, Subsidiaries, or Consultants involved with wectana draining �� P�j�t. t�% n„u,.�—T, �►� . sabt �. R�w�. �� s�c�3o$ /y+pGs� �ini sS��c a • �M ��- �..,�a., ..�t.r,� Provide the following information f�r the Impacted Wetland(s): � (1) a rece�t aerial photograph a accurate map of the impactsd wetland area is attached?�Y N (2) loca6ion of wetland � countY, wateashed name/# public land surv and/or UTM coordinates of approximate wetland cen#er (3) the size of the wetland imgsd: acres or 35-6 square fcet; (4a) the size and type of entire wetland:o •7�. ac. P�� Circular No. 39 NWI. (4b) inlet/outlet characteristics: T.., 4ri-s- @� 6� t f»!'1�f rz S 6�. 5 (5) a list of the dominant vegexation in the impacted wetland area: (for example, 50 percent willow, 20 percent cattails; and 30 percent sedge) S� w.�"l.�Y d�.P.�,�a�.� �-y ,�-1:. �,.�J�;a.... �.JQ ��) tg) CF�7 { 10) � {6) is a soils map of the si�e is attached? Yes ��No the size of the surface wat� drainage�into the wetland is ^- � acres. a.) the locations of any surface inlets or outlets draining into or out of the wetlands are noted? _ �'es %Tq b.) is tl� wetland wi�in tl� floodplain of a watacowse? Yes � No; if Yes, the distance and direcrion to the watercourse is feet in a direction is a map, photograph, or written description of the land use of the immediate watershed within one mile of the impacted wetland attached? Yes �CNo. Dces the description note the presence and location, if any, of wetland preservation regions and areas, wetland development avoidance regions and areas, and wetland deficient regions and areas as ide�tified in the comprehensive water plan? Yes � No. is the nature of the proposed project, its areal extent, and the impact on the wetland shown in suf�icient detail on the materials submitted? %C Yes Na ��r 1.� �o rxi .�.34 t�t� r�Kh ll�V�LUY��i�'1' 11�G F�X �U, bl'L 4�4 yL�4 r, 1 ' SEP-13-19� 15=18 lii.TEIG �;It�ERS ;htC 612 5"71 1168 P.02�03 ' (I 1) Has evideucse a#- , (12) [ist atl �or 1�1, � � w the afi�bct+cd a� by a�I;camt bo� Q� d� c�.; C1 G y� Pp� a+°'d �pt�vals rao4uirad f� the � Y ° r � � l'�t �wi�J . -'�=� {13) ��g �� Provide the foll°w�n8 i�foima�aat far the Itevlaoemen__ t We��ite: �fiJ! replcremenr be aa�vmplisl�ed via wedaed bau�b� YES ��C �p (�jPE� onlYc�osiplereitenis �, 3aad 8� (i) ra��: � � �, � o cr� 96 by � � ( � 9� �Mda�vr� �r� beco�my� �) six�o D. 306 ao� �d typo ��i e Cacdar39, �� .—. lV1NC a� t� r�l�dru or baokinE t3) � °f �� : f �'d�y, - wa�hed aaoad# � arf �� mad o�m�: P�blic (.�) a rooQUt aeri� � � � � �� ;bo is �tacbod? �Y� _,,.__ No (3� ieaeo�mspofie��eis�? ,r„Y� i'C � i6) t%e ai�e eurfacv wrat� d�a� �b tb� �p18� w�nd i�s 6' 8�, (i a.) t�e�laoaad'aay��a�.�pto[�e�m+c�od? -�.-C Y� 1�0, b.) � ie tbs rep1� �d ��a �e �ooQplaia af a wamo�ouase? ----- Y� n'No; id'Yes, ti�c ��d diroc� t� the � is fioet � a � (8) H� ovide�os o�� or,� to tl�� by� �y� boad �abod? �� - N'a �o rf�- co.� �.yy- r' • ,,"� �� D� � p�� tnews at the r�l� y�l�d ae�d Sxod photo. (ifl) ckscab� l�ow t1�e � � � �P�t �d a�all be c�n�, ��v�t � r+es�oaatiaQ by S� Levd cr�� ' ��t�'a�� '�''�advo bo I�eaa �algM; aod f�t � �'�L 8oe�a�� yo�aw, and � -��prAC� tbat wiH be �� p� a�I� ar�ite �; (1 I) fa c�eal w+opaude oa�Y. l� a� so� �� m�mioe tite o�ability vf tf� sibo w¢.�� aod s� �-�.� "'- .. Co� s-t�u c7ftoti w: // q,Ei I i� f. m7� - 3: t't f 1Z) Nas s mos�ito�img pi�n i�+ey beea �` _" ' 'r �, a.r �A..�c en daveiopod aad a�'? Y� xNo �,.-th �o.-., n�, . �13) � o�er moce�aty ie�'cim�on� �• � (ld�j lSv��a � � bY �ve belaw � G) �te �nvana�t werlmd was uoc P1an: AND, P'��3'r�vtarmd or cm�srre �r a prior apgro�rcd �� CL) th� �p�ao� �etl�� vve� nos draiaed or £dlod uudr�r aa �tion duri�B t�e P� ty� Yeus; AND, � iin) tbe replaoe�c �aud v�e� Qot :+escorod vvitl� 6aa�cial assistanoe 8ro�t public oo�savation A�'a�, AND, � sH.P-1 �-N6 �Rl 3:37 PM �RK DEVEl.OYMENT 1MG � , SEP-13-1996 15=19 /"1 � L�TEIG EHGIF� INC rAX I�U. bl'l 4�4 y'l54 r. i 612 571 i168 P.03i63 (ivj du re�l�ent v�etla�d wa�s not crstored t�g privabo 8uud4 othtr than thos�o of the la�Qownes ualess tl� Ru� are g�d b�ak witb �t tu �c iadividual or �aiaa dy�ut f1�d tha r�or�ioa sad the irdvidu� aatg� �tifiea tha jocai gove�tuonp�t mit in w�p� �at tl� r�ato�e� vvatlsad eisy be �d �or �place�m�. (15) H� groof of �� i,,�ao�t w�t]m�d �di�g no�oe bepa �od �o LGU? Yes No ��.� �� $pecial ConsiBe�tions To ti�o best aft6e �'s la�a� m+e mry of t� ��td�'s �iaab� � thc im�t ar �t s�e7 Note �vhethes preso�t ar aot by;nriice�img ae fo� ��S (1?. �t sme (�� Hat� (B). ��' (A�. �l) G2i (3) (4) ($) � t$) �) fed�er� cr ��o-li� �d �qg� Yas 'Cldo raro naaual oo� Y� X l�a spiecaal S�h msd vvildliie r�pro� � � (s) fiab pass�c aad � ez� Yos X No (b) cal�iai w�rd noa�sg o� Ycs—� No (c) r�g�rato�y wai�erfow� � � Yas �. No id} dar'wi� �s Yee x No (e) �$ � cceadaa Ya8 x No �t� s� Yes � No �nmd wato� s�e a�eaa Yas �—No s� �arF�o'�sas (e.g, DNR�o�dta�ntw�esa) __,_ Yes %� No � •S ad�rianal or r�arr�b sit� Yss ,_,ZC ,_ No w�sbe �c�a1 a�es Ya � No aa dao�+aje� ��h ma�] �s(e� w�hod m� Pia�s, �� P�. �� P�) � Yes 1►�0 RePlacem�ent , �'� � oo� b� �e be�w dm� 1.) t'1� �tland arilL be r�eplaced bef�oa�e cr '�e s�,si � a Spi� o�'a � OR; 2.). aa iu�vaoabk banUc lat�er oF�e�t tr other �aaity �caeptabk ia tLe lo�al � ma� to �mtix tiee a�oa�s£ul oo�ap�tiun a� t� w�d vetne Fepl� 1m� 6oanpravided S'�g�tt�oe I ha++e�y sffam d�et tha irdoiaie�iaa s�rnre ie conact a� tttt�l Uo tl�e boat of �r laaowledge. /vo a�ls �Y�: v�Iii'nn@Qa�, S�►�, %'��4. c� ' � co�� t.Y;�n.acro�� c�> .s�y,.to�c�n �� TQTAL P.03 AUG-01-1996 08:49 ULTEI� ENGINEERS INC F'ost-l�; �aA �vuie � u. � 1 �—� � � v� y � 3"7 — � •s��-- Report 'To: From: Pn�,e � r7�_ � �ax � S7l — l ��-9G Mr. Gary Bidne Ark Developtnent Susan J. McDermott WETLAND DELiNEA1'ION iNDE�'ENDENT SEMOR HOUSiNG NWli4, lvw Y��, sEC,zoN Z, r3o, iva FRiDl.EY, A�ldNNESOTA 612 571 1168 P.01 y �'`'�" �Il.� �b �� . �,�t�t �ECEI�lEO �� 81996 U1�16 �NG1NtiERS, INC. .��'/'+ � �'1�( The property referenced above is located west of the University Avenue service roa.d and nvath of 83rd Avenue. The properiy is sucrounded by commercial developmeirt to the north and south and an apartcnent coraplex to the west The wetlaad we delinea.ted was aIong the west edge of the property. Only the portion of the wetland to be affected by proposed development was delineated. The propaseti developmern on the property is a 4-story senior apartment buildin�. A wetland delineation according to the requiremems of the MN 199I Wetland Conservation Act (WCA) is required prior to construction on the property. Ariig En�viranmental was r�tain� to delineate the wetland edge in June. Pabricia Arlig, an emrironmental engineer trained to complete wetland delineations, and Susan McDermott placed stak�s ax� the east edge of the v�+etland. The �ield work was compieted on June 18, 1996. Tl�e weather was cloudy acid in the 60°`s. There had been more than 2 inches of rain in the 48 hours before the field wurk was completed. The wa.ter levels were expe�ted to be seasunaily high, 'The wetland was identified and delineated using the guidelines oi the �DF.RAL M�rtJAt, FoR ��r�vG axn D�,arsATnvG Wsn,,�vns (1989) and the CoRps oF Excaa�RS WEn,n�tn D.�a.AVEaTTOx M,a►1vu,v[, {1987). The availabl� maps were.rrviewed pricr to thp field delix!e�tio*!. The SCS ma.p was obtained for Anoka�Cowriy. The soils on the srte are not mapped. The N'Wi ma.p shows the subject wedand on tlie s�te is designated as P1�"OlJ4d FieId inv�gation began by observing the vegetation and drainage patter,�. �� prel��, Wetiaad edges were deterntined based on vegetatioa The soils were tested b,y digging holes to a depth of at least 24" using a narnowr biaded shovel at upiand and wetland. loca�ions. A soil probe with a 3/4" opening was used to verify soil canditions around the wetland perimeter. Soil colors were determined by matching them, ta a Mwiseil SaiI Color Chart The edge of the wetland is usually deter�auned to be near the point where subswface w�ater is within 12" of the ground elewdtian and where wefland vegetation and hydric soils are encountesed Soil satnples were observed, at points well inside the w�tland, at the wetland edge, and into the upiand zone. Water was encountered in the soil pits 8 inche�s from the surface near the wetland edge. 'I'he soil exhibited several hydric chara�eteristics: low chr�ma, mottles, and org�nics. In addition, the � � AUG-01-1996 08�50 ULTEIG ENGINEERS INC 612 571 1168 P.02 tre�s in the wetland azea were multi-tntnked and several were dead or dyin�. Tlte test holes were � refilled. Wire stakes numbered 1 th�rough 24 were placed at ihe delineated wetland edge. The flags were placed at the determined edge using a11 three criberia; hydrophytic veget2�ion, hydric soils, and hydrology. Physical characteristics such as change in grade artd deposits of debris were also used to determine the wetland edge. Data Forms - Routine Onsite Detennination Method were completed for conditions at the wetland. The wetland on the site is separated by a berm aear flag # 6. Basin # 1 is the souihernmost portion of the wetland and Basin #2 is the northern portion. Basin # 1 is marked with fla.gs #1 through #6 along the south and east. The dominam v�getation � in the wetland is reed canary grass (FACW+), ssdge(OBL) and ca.ttails (QBL). The edge of the wetland xs in a woaded azea with vegetatio�n such as geen ash (FACV�, willows (FACi�, aspen ��?� (FAC) and buckthom (FAC-) in addirion to the reed canary. Smooth brome {UPL) and mowed ✓ Kentucky bluegrass (FAC-) are the dominant upland vegetatioa There is a culve:rt at flag #1 �� e water from Basin #1 under the a artmeirt com lex drivewa and to a ditch to the � tha.t r,am s p P Y west along 83rd Avenue. This basin apgears to be a constructed waxer quality pond far #he apartment complex Th� wa.ter in the basin was more than one foot deep and was covered wit� algae. �-•� Basin # 2 is marked with flags #7 through #24 along the east and north. It has standing water C that is approximately 1 foot deep with no surface veget�iion. The domin,atYt vegetation in the � wetland is reed canary grass, sedge and silky dogwood (FACW+). The tcees seen in the woaded � area are the same as Basin #1. Smooth brome and goldenrod (FAC[� are the dominant upland� � vegetation. There is a small island with similar vegetafiion in the center of the basin. A culvert � across the wetiand fra�m flag # 17 appears to cany water infio Basin #2 firom the a�partment complex properiy, Immedistely to the north vf this wedand is a fenced area which aontauis the storm water pond for the adjacent Walmart propeny. � Areas of reed canary grass and red-osier {FACVV) were noticed in upland zones on the eastern portion of the site where soils did not h"ave hydric characteristics aad hydrology was not eviden� In these areas smooth brome was the dominant vegeYation. No additionai wetlands were found on t�e site. Copies of the SCS map and the NWI map showing the site are attached. ._ Please contact Patricia Ariig or Sue MeDermott at (924-2354) with any questions regarding this infoaffiation. � • . �aoap �r !�°1 Cj � DESCRIPTION OF REQUEST: Roland Stinski The applicant requests that the City amend #he CR-1, General Business District to allow a"Professional Jewelry Store , Specializing in laboratory certified loose diamonds, custom design and repair services, wholesaling, insurance replacement, and appraisal°. If approved, a jewelry operation will located in the petitioner's building located at 941 Hillwind Road. � SUMMARY OF ISSUES: Code Section 205.16.01, CR-1, General Office District, is a district classification that dates back to the mid 60's. The City's purpose in creating the disirict was to °provide regulations, controls, and standards for the orderly development and maintenance of the permitted uses therein. A CR-1 & CR-2 District is to provide a transition befinreen commercial and manufacturing uses. Uses permitted are those which do not attract a large number of the general public, such as retail shopping areas, and which do not generate heavy vehicular traffic.° There currently exists language in the CR-1 District that identifies "Storage of inerchandise, solely intended to be retailed by the principal use.° A similar type retail use however, is not clearly identified under the "Permitted Use° portion of the text. Allowing jewelry services as a special use permit, rather than a permitted use is the most appropriate solution for a text amendment to the CR-1 District. The use being considered at the present time is a mix of office, insurance, laboratory, retail, and personal consultation. Without the retail the requested use would be an appropriate use for this district without an amendment to this section o# the Code. If this text is recommended by the Commission and ultimately approved by the City Council, the petitioners will be required to obtain a special use permit prior to commencement ofi their operation. � RECOMMENDED ACTIONS: Staff recommends approval of ZTA #9fi-03, to allow a jewelry operation in the CR-1, General Office District as a special use permit. Staff recommends 3 stipulations. C � Staff Report ZTA #�-03, by Roland Stinski ^ Page 2 PROJECT DETAILS Petition For. A Zoning Text amendment to a"Professional Jewelry Store, specializing in laboratory certified loose diamonds, custom design and repair services, wholesaling, insurance replacement and appraisal.° Location of Property: . y . .i�. ._. Legal Description Lot 1, Block 1, Hillwind Addition and Lot 3, Auditor'sp° Subdivision No. 25 (except all of that part thereof lying and being in the southwest'/4 of the northeast %4 of Section 24) and also (except the west 930.4 feet of the east 1580.4 feet of Lot 3, Auditior's Subdivision No. 25, Section 24, Anoka County, Minnesota) together with an easement over the north 7 feet of the west 248.36 feet of the east 1580.4 feet of said lot 3, the same being 1001 Hillwind Road N.E. of Property: n Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: � Engineering Issues: 1.07 Relatively flat Urban landscape CR-1, General Office Distriet, Hillwind Addi#ion and Autitor's Subdivision No. 25 Yes Hillwind itoad N/A NIA Staff Report ^ ZTA #96-03, by Roland Stinski Page 3 Site Planning Issues: Roland Stinski, John Mely, and 6rian Sullivan, (the petitioners) requests that the City amend the CR-1, General Business District to allow a"Professional Jewelry Store , Specializing in lal�ratory certified I�se diamonds, custom design and repair services, wholesaling, insurance replacement, and appraisal. If approved, a jewelry operation will located in the petitioner's building located at 941 Hillwind Road. A zoning text amendment to this distri�t would allow this use in this building and on other properties with a like zoning designation. Code Section 205.16.01, CR-1, General Office District, is a district classification that dates back to the mid 60's. The City's purpose in creating the district was to "provide regulations, controls, and standards for the orderly development and maintenance of the permitted uses therein. A CR-1 & CR-2 District is to provide a transition between commercial and manufacturing uses. Uses permitted are those which do not attract a large number of the general public, such as retai! shopping areas, and which do not generate heavy �.,� vehicular traffic." ,� The distinction between the CR-1 and CR 2 district, is intensity of use. CR-1 was specifically general office and limited business. The CR-2 District allowed a service industry mix. The CR-2 Districf permitted uses such as light assembly, upholstery shops, business machine repair shops, appliance repair shops, pri�ting shops, data processing and computer shops, research iaboratories, and sales incidental to other permitted uses providing that no more than 25% of the floor space available to any user be devoted to sales. In later versions of the zoning text, the CR-2, Office, Service and Limited District was eliminated. There currently exists, however, language in the CR-1 Distriet that identifies °Storage of inerchandise, solely intended to be retailed by the principal use.° A similar type retail use however, is not clearly iderrtified under the "Permitted UseA portion of the text. The proposai to amend the text would obviously be applicable to the Stinski Building on Hiliwind Road and other CR-1 Districts in the Community. In the Stinski.Buiiding, 1080 s.f. of the main floor will be dedicated to the Jewelry Store operation. There are two primary CR-1 Districts in the City of Fridley. The Hillwind property is one of 3 clus#ered lots on Hiilwind Road that carry this 3 �� Staff Report ZTA #96-03, by Roland Stinski Page 4 designation. The second area of the City that carries the CR-1 designation is a pair of lots, north of Zebart Tidycar, on 01d Central (north of East Moore Lake Drive). In an effort to better understand the proposed use, staff asked the petitioners to provide information about similar facilities in the metro area. Mr. Mely and Mr. Sullivan indicated that Continental Gold and Diamonds, in the MEPC office complex (HWY 394 and 100, Golden Valley) is a good example. The petitioners indicated that Continental has a higher percentage of retail and floor area dedicated to retail than they would have in the Stinski Building, Staff visited the Continental Gold and Diamond facility. The facili#y is elegantly appointed with much glass, brass and cherry woodwork. The facility is struetured to include a sales/showroom area and numerous, laboratory rooms, private consultation rooms, and general office area. Staff estimates that the area comprised of retail is less than 50%. Clearly without the retail showroom, staff believes the use would fi# the CR-1 District guidelines, without modification of the te�. � The petitioners indicate that as much as 80% of their business in the Stinski building will be service or wholesale. Mr. Sullivan and Mr. Mely each have over 25 years in jewelry design, jewelry insurance, and gemology. Sullivan and Mely also indicated a desire to locate near the Fridley Executive Center. Like the Golden Valley MEPC facility, the petitioners see proximity to Class A o�ce space as an essential element of their business plan. Staff discussed traffic/ parking demands with the petitioners. The petitioners indicated that they would be very happy to have as much tra�c as the prior insurance office that occupied this space in the Stinski Building. They believe realistically that their traffic/parking impacts will be less than an insurance office. Staff has evaluated the parking situation in this particular office complex. Based on an office ratio of 1:250, 88 parking spaces were required. 89 spaces were provided. 23 of fihese spaces are i�side the first floor parking garage. Leaving 66 spaces as outdoor surface parking. According to Mr. Stinski, he has a contractual arrangemerrt for shared parking on the R-3, General Mul#iple Residential property to the north, if additional parking is required. Though the Institute of Transportation Engineers (ITE) Trip Generation Manual does not list jewelry uses for specific�trip generation data, the City's 1:150 ratio � 4 Staff Report � ZTA #96-03, by Roland Stinski Page 5 is consistent with ITE data for retail demands. Using a 1:150 standard for all 1080 s.#. considered for this use, 7 parking stalls would be required. Office uses would be calculated at a rate of 1:250. Ifi no mare than 25°� of the floor area were retail (as earlier described by the CR 2 standards) 2 stalis would be required for the retail floor area and 3 stalls would be required for the office area. looking beyond this specific application, if a jewelry use were to consider space in a larger space in this or another CR-1, District, staff believes a restriction of no more than 25% retaii floor area would be appropriate to assure compatibility befinreen this use and other CR-1 uses, or uses in surrounding districts. Allowing jewelry services as a special use permit, rather than a permitted use is the most appropriate solution for a text amendment to the CR-1 District. The use being considered at the present time is a mix of office, insurance, laboratory, and personal consultation. Without the retail the requested use would be an appropriate use for this district without an amendment to this se�tion of the Code. ''� Special use permit allow the City the latitude to stipulate minimum standards to assure compatibility with surrounding areas. Standard stipulations shall include: 1. Retail Jewelry Sales shall be incidental to other permitted uses and shall not comprise more than 25 percent of the floor area of the principal uses space. 2. All signage shall be consistent with that aHowed in the district. 3. Entrance to the retail sales area shall be through the space of the principal use, not through a separate entrance. RECOMMENDED ACTIONS: Staff recommends approval of zoning text amendment, ZTA #96-03, to allow Jewelry Services with the following 3 stipulations: 1. Re#ail Jewelry Sales shall be incidental to other permitted uses and shall �ot comprise more than 25 percerrt of the floor area of the principal uses space. 2. All signage shall be consistent with that allowed in the district. � 5 staff Report � ZTA #96-03, by Roland Stinski Page 6 3. Entrance to the retail sales area shal! be through the space of the principal use, not through a separate entrance. n � 6 s � • � s,< . .,, . CITY OF FRIDLEY.� � . . � 6431 UNIVERSITY�A�I�TUE FRIDLEY; MN � 55432 :(612) 571;3450,_�x�� ,��a.f��.�'�j��s� ' ; wjT t t f- a IdF�- , -�lyfJ .1 �I ��Ni ... fN L �tr t t�'�' a 9�N'u� °``l�l�'�- d�"� �`�� ,?a u, � � v'�P� � t , '�� r r _ ,� � - . , �.. s`. r � v.E ,y } ,. OMMUNITY;;DEVELOPMENT DEPARTMENT : � , � ��'' � �G TEXT ��1V�NDMENT $� _ Section` of Fridley Code to be ch ng .(Attach additionai documents if necessary) . �J � -.' � : 6 , . Request Language: (Attach additional documents if necessary) - ,��- - . � ,,: ; .; . : �'`1 Reason for requested: �hange: �(Atta.ch additional documents if necessaiy). ' . $,, . ...., � ; s � ,�� x, , �' ai �1 � �� ; � r - F � y �+' . k' ��s t e ; r �v, � a `� a s� e x .�i :_ _ �'� �* '' . r ' ' �. :.., ... . . . , . . _ . . . . ' �.I", '- „,- ' ,:',.. ,. - ' � - - ' . . . . 1 'rt.'. . . t tz3� � `;•�/`--� ' ....r` - ` r -. . ; t . ," . �... . - : ��,'i ... �:. .., . . -i ;l, �. .. � . - - � � - s - .. _ r ' c. - - ;c; s �% s;b >> �"� i = / �'> . ,t . c' ' . � ... .. p .. .. ... r F .:;::. ., :. , . PETITIO�TER :�TFORIV'I�iTION ` '_� �''� = ' � Kr � r �'' � f � , . - , � � : #}.'i 9 i; f � tiy xC � � NAME �rs,. L: rf;�� 1� ��,5 I �:u S�.r;,,� � i �> ADDRESS � l � ( 2 . �' < �� 4�',caU'� � C/L � �i2rl D- l �e . ./}? �U �-tE :2- � .�` _ � DAYTIly1E PHONE ; � 7 �� ''�'�-�' l8 �/ - SIGl,�1'�E ' ' `< . �:, DATE - c�T " l � ..= rl' ;� ;' ee: $300.00 . >�- Q TA # � Receipt # ' `7 7 % l >. Ap licatio eceived by Scheduled`Planning Commission'date , . :: . . ,. � � � � Scheduled : City Counc�l�°date: ` � `. ` " � . , . .. ., . , : :;�--� � � . � ,, �, � � t CTl Y OF FRIDLEY Q' 643i UNI.VERSITY AVENUE N.E. � � , : ' FRIDLEY, MN 55432 ' , �� (612) 57i 3450 : -�>,COMMUNiTY �EVELOPMENT .DEPARTMENT `� � . � � �'. _ � _ � '� „ , - ZOTJING TEXT A;MENDMENT � �} 4 ,��,x{�;`� �'>� Requested Change Section of Fridley Code to be changed .(Attach additional documents� if necessary) - Request Language. (Attach additional documents if necessary) �• ,� Reason for requested change: (Attach additional documents if necessary) �,;, ` ,,. : , :, ,� , { � x.'� f t• i4y� 4��C , _ !: i - i .0 : { i� ��_ .y. ��: , � . , ; , �:� ��{ < �.�,� : PETITIONER INFORMATION �'� ` ' �y � , _`, � , _, � Yr ��,, ; ' �,f� {�`; NAME � � :� r " �� -�=,; �:; � �� / � ADDRESS t 44 �lS �. �� i.ve�— r�. . , o�— �.,' F ` ° DAYTIME PHONE'�` �._ _ . � � � �� _ . .� � SIGNATURE y , _ »'DATE''" - �� 5, � U � } d � �ZT � � t'. f ,� 1!', 3 -> _ �': �.�`. � 4t t +Lq 3} { �,r g��: �i� r�+ �' =�,b ,�� ,� . . s. x.��!, ;+,. .f /�= ..,,yl,_.r , _ �� , � Fee: $300A0 ZTA # ��_ � ' Receipt # � � ° � APPlication received by: � � x' � Scheduled Planning Commission date k� �F ,r �� f. ' � - ,--� Scheduled City Council date '� � �� x � r�: � � � r. � � r� �\ 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 16, 1996 at 7:30 p.m. for the purpose of: Consideration of a Zoning Text Amendment, ZTA #96-03, by Roland Stinski, per Section 205.16.01.A.(1) of the Fridley City Code: 1. USES PERMITTED A. Principal Uses. The following are principal uses in CR-1 Districts: (i) Professional office facilities including real estate, lawyer, architectural, engineering, financial, insurance, professional jewelry services, and other simiiar office uses. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3599 Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiiiary aids should contact Roberta Collins at"572-3500 no later than October 9, 1996. Publish: October 3, 1996 October 10, 1996 DIANE SAVAGE CHAIR PLANNING COMMI5SION ZTA•#96-03 Mailing List Mailed: October 3, 1996 Roland Stinski l�and Stinski 1612 E. Berne Cir. NE Fridley, MN 55421 Bronson-Erickson 3231 Central Avenue NE Minneapolis, MN 55418 Independence Ten 7240 Brooklyn Blvd. Brooklyn Ctr, MN 55429 Resident Manager Please Post 950 Lynde Drive NE Fridley, MN 55432 5701 General Part. 5� West County Road S �e B2 Roseville, MN 55113 John Mely 14945 Crow River Dr. Minneapolis, 1riII+T 55374 Cypress Development 8535 Central Avenue NE Blaine, MN 55434 Resident Manager Please Post 910 Lynde Drive NE Fridley, NIld 55432 Resident Manager Please Post 990 Lynde Drive NE Fridley, MN 55432 Resident Manager B Please Post 995 Lynde Drive NE Fridley, MN 55432 5701 General Part. 4530 Excelsior Blvd. St. Louis Pk, MN 55416 TJV Partners or Current Resident 961 Hillwind Road NE Fridley, MN 55432 Current Resident 1001 Hillwind Road NE Fridley, MN 55432 �1 Current Resident 941 Hillwind Road NE Fridley, MN 55432 Doris McRay 1993 Ashland Avenue St. Paul, MN 55104 City Council Members Brian Sullivan 2625 - 172nd Ave. NW Minneapolis, MN 55304 Current Resident 951 Hillwind Road NE Fridley, 1�T 55432 Lynde Investment 9801 Oak Ridge Trail Hopkins, MN 55343 Roy/Florence Wells or Current Resident 1000 Lynde Drive NE Fridley, MN 55432 Resident Manager Please Post 5T,01 Central Ave. NE Fridley, NIId 55432 Rolche Partnership 3647 McRinley St. NE Minneapolis, NIlJ 55418 Resident Manager Please Post 5650 Polk Street NE Fridley, MN 55432 Diane Savage Planning Comm. Chair 567 Rice Creek Terr. NE Fridley, MN 55432 /� " ' ' "WE DU DL�►MUNDS RIGHT!" UWNER- Mr. john Mely - 26 years master goldsmith and designer. CiWNER - Mr. grian Snllivan - 25 years � industry experience, insnrance appraiser, gradnate gemologist. r"1 REQUEST LANGUAGE Professional jeweiry Store, specializing in laboratory cerl�ed loose diamonds, custom design and repair services, wholesaling, insnrance replacement and appraisal center. REASUN FOIi REQUESTED CI�[1�TGE Modi�cation and/or addendum to present zoning ordinance for com- pliance within. . , . . � � SEP.-13'96(FRI1 1��04 SKYLINE BUILDERS 1NC TEL:612 781 3670 _ P•�� _ x `� p Q _ 'I • s.� � '��...._ � � E�. � o a � �. .� I �'' m- � • REGEFT1oN f {�Jqt1`tNCy q �I '� H u�w�Nt� oPPtc� P1.�►�.�. �w�,. dn., CsRo01Vp PLeoR TE'1sIWT pRoPoSAL. '8' ��j�� Pope Associates, tnc� • 1380 Ene� Perk Dr(v� d...�� .� �. iantt�ets �re�neen Pls�nerw stPavi,Mlnnesote 6610H MSi� `.�./ � w �� ■ ��wr..r e . VAR ��89-07 ° � � Chervl Sti /"�, � �\ � i « � � i i � C a � � � � 0 < z' �S . � i O H � a � � ti � � < � I� �� !� � a ;; .' .; ; i; �• ;; .� �I ;i ; ,� � �z� o� :F� •a� � >' ,�� :..,! :�i �m� ;o� ,�, �� ;pi. '=�N im�~ 1988 ELEVATiON o, . � e �"1 � , /� � VAR ��89-07 Cheryl Stinski 5O � � D � u m � . . ._ C O � O � o y C � O °a. i n o � o C i 0 y O m O m p � O C O �po O � e � O R 4 i bJ 1 t ► ommmE&m888 MfiOr. �t�pPRQ NNNOOI7.:�na m 6 � Q j � pe m �ii.ict.G �Q ��Q J a¢a'�t��c $��==D� op� ~ y a � : EeooE Zro�`u�oaem� Q��=O�GQmN-j aNaWO�p��^V�� <it70 W�-�=tl- � C t0 a m a � � � a c c� J a LANDSCAPE PLAN , - �� ,� / 1 �'1 � ,�R�, 0 M, KF� � �' ;, �` � ' r ' ` ' • � ' ' / � � i s� !' i . � � � , �� ! � 2 i �' � � �� /.�: �� r � / � • .�.A!(t, Jv /' � �EAC �,� 1 / t., . � . t � � /+ � V � �. fI 1 .. I 4 tl N � - • � V - • I � ' � ; �. J ' ,. , / / �� }� '�� , ` ' t 1 � , /� � � � , GRA -• _ . / �• � �. J + � i � . � , R Ky� ._...�' , _ . . i � � �C. �-�i a - : �., � , � �2 % , � , "` � � ' SCKc , / .' ;:3 F� _ Z . . . • , .- _ : ; � / ° � ° • _ � � ,c ��'�� " . a�., ;• ', _� • J + ,,� �r•� - � ,. �r�?~ • � `� • ' � ` �' j � ) \ Q�� ` 'S '� �• �� • • �� . � . � t �. .. a r. r W t� �: • .r t e . . , � i /ly ., h . E i_ . T M. Y a � v .s'-- J ! • •� f i �f � � ' I 2 G -l'• � � � -T ,: f b -�%�' � '�J s �� • . .. •.• • • y . . . . . . (7 %{�8� ,� �� 5 • • • • • • • . . Y � Ao�i7�d�v',� � �� : • � � � �� s i � • � -�,�� . . �• ' ` • . o -� 3• f . , Q • • • • • • � -��-- - . . • • t9 � =�— • � • '� ) "'�^ ° 1 . • 1 �i' 1rIL'I.`t � � �j.�./� t % s � � � ,J , ,_, E . . . � • pl Vl.�/ON ' ' � , =N/L_W!N E� �' Qr�� S� s� '� � — ALD� it�r1 � a • • - — � � � ' t . • � n � - - - �° y( ' ' - � , . � a�V ' � f ' � • 9 T u . t.� • �. '' �..=_��: : ,�P�'�� AKEl.9 �� , '� n ,.��:�;:. � 5�£* R •7 i - ' ✓ou�j� Vie« � . ' � .• �� . •�� —�._. ►�� . �j�j��a . ♦��♦ .��♦ =t � �� ♦ .��r� �� ,��` � ♦ . � � � � � �� • �� : / / ♦ ♦ /j �' I i��11� ' � • . �. _�.�. ♦ A � '1 � �� • � � �� ♦��♦ �� - t�� •♦�1��e�r .:,� .... . �,�!aQO - .. . �: �� , ��:�' . - t� �� }�� : ��:��•v ��i� �� fru � ��1��1�� .� ZONING MAP � MEMOl�.ANDUM DEVELOPMENT DIRECTUR DATE: October 10, 1996 TO: Planning Commission Members FROM: Barbara Dacy, Community Developmerrt Director SUBJECT: Review Proposed Fair Housing Ordinance The City must adopt a fair housing ordinance as a result of the settlement agreement with the Sylvan Oaks Tenant Association. An ordinance has been prepared by Fritr Knaak, City Attomey, and Jodee Kozlak, Greene Espel� who represented the City in �„� the settlemerrt agreement with the Sylvan Oaks Tenarrts Association. The proposed ordinance incorporat�/adopts by reference the substar�tive standards of both the Federal Fair Housing Act and the Minnesota Human Rights Act The ordinance also recommends that the er�forcemerrt of th�e provisions be referred to the administrative agencies already in place (local office of the Minnesota Department of Human Rights). The ordinance refers to specific statute se�tions of the Minnesota Human Rights Act as the fair housing standards for the Ci#y. In summary, the statute states that it is unlawful for an owner, leasee, subleasee, assignee, or managing agerrt to refuse to sell, rent, or lease housing from ar�y person or group of people because of their race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orierrtation, or familial status. The ordinance has been reviewed by the Housing & Reclevelopmerrt Authority and recommended for approval by the Human Resources Commission. Recommendation Staff recommends that the Planning Commission recommend approval of the fair housing ordinance as attached. � BD/dw M-9fi-4�82 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby qiven that there will be a pubiic hearing Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, Ootober 28, 1996 at 7s30 for the purpose of: Consideration of an ordinance of the City of Fridley, Minnesota, amending the City Code to include a new Chapter 221, entitled "Fair Housinq Practices��, incorporatinq by reference certain provisions of Minnesota Statutes, Chapter 363 and 42 U.S.C. Sections 3601-3631, Title VIII of the Civil Rights Act, also known as the Federal Fair Housing Act, for the purpose of prohibiting or restricting certain practices within the City of Fridley as they relate to the sale, leasing, and rental of real estate. The City Council of the City of Fridley, Minnesota ereby ordains: That a new section of the City Code of the City of Fridley is enacted and will read as follows: 221. FAIR HOUSING PRACTICES 221.01. STATEMENT OF POLICY: FAIR HOUSING of the p.m. 1. It is the policy of the City of Fridley to promote and comply fully with the provisions of the Federal Fair Housing Act, also known as Title VII of the Civil Rights Act of 1968, as well as the provisions of the Minnesota Human Rights Act as they relate to the sale, rental, or leasing of real estate within the boundaries of that City. 2. The City of Fridley has determined that it is in the best interests of its citizens to expressly provide in its own City Code those provisions of law which provide for protection of rights in obtaining, by purchase or rental, adequate housing without fear of unlawful discrimination. The provision for these rights in the City Code, and their enforcement and protection, is done with the intention of supplementing and amplifying, and not in any way reducing or restricting, the rights already provided under existinq State and Federal law. � �� '"'� � Fair Housing Practices '�� Page 2 221.02. ADOPTION OF MINNESOTA FAIR HOIISING STANDARDS l. Except as may otherwise be qualified or expressly modified by these provisions, Minnesota Statutes Section 363.03, subdivisions 2 and 2a, one copy of which is on file in the office of the City Clerk of the City of Fridley, Minnesota, is hereby adopted as the Fair Housinq Standards Ordinance of the City of Fridley, Minnesota. Any act defined as discrimination or discriminatory, within the meaning of those provisions, that occurs in the City of Fridley will be a violation of this ordinance. 221.03. PENALTIES l. Any discriminatory act occurring in the City of Fridley in violation of the provisions of this ordinance shall be a misdemeanor, punishable by fine of up to 90 days and $700 for each occurrence. 2. Nothing in these provisions shall in any way limit � or restrict any person aggrieved by a discriminatory act governed by the provisions of this ordinance from seeking such additioiial remedies as may be available and provided under either applicable State or Federal law. 221.04. ENFORCEMENT 1. All criminal charges brought under these provisions shall be by a sworn, written complaint. 2. In all instances in which an allegation of a violation of this Title is brought to the attention of the City, the City may, in its discretion, investigate the matter utilizing its own staff and personnel, or defer the matter to the personnel of the State of Minnesota where an investigation is to occur under the relevant fair housinq provisions of the Minnesota Human Rights Act. In any case in which State personnel are utilized for purposes of investigation of any alleged violation of the relevant provisions of the Minnesota Human Rights Act, those personnel shall have full authority to charge and prosecute vioiations of the City's Fair Housing Code on behalf of the City of Fridley in addition to any ,� other remedies and penalties as may be available to them under State law. Fair Housing Practices Page 3 Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. _Any questions related to this item may be referred to the Community Development Department at 572-3590. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 21, 1996. WILLIAM J. NEE MAYOR Publish: October 17, 1996 October 24, 1996 � � ,-� uu�AO�:u 1-�..7; .'.'1.1 Vt.� o�J uy�y � �"1 To: Barbara Dacy From: Jodee Kozlak Date: June � 9, 1996 Re: Ordinance Our Fiie No: 2043.�22 �x��F �::> ;;_ 'v?�UO2/(1 GR�ENE ESPEL MEMDR�1�i1UUM PAOF[SSIUAIAI LIMIYEOI.IA6NTYPAA'l�Lq7tV �1�r� i �oo 333 SOUTH SE1fENY1i SY116ET M�tJ1�EAPOLIS_ MINNESOTA 654Q2 (6121 373-0830 FnX (612) 373-0929 ^ The Ciiy and HRA committed to enacting a fair housing ardinance last year as one method to affirmatively furtfier fair housing. Tt�is memo witl overview some of the City's options for its fair housing ordinance and recommend an approach_ The two main statutes which provide a benchmark for fridley's consideration of a�Fair housing ordinance ate the federal Fair Nousin� Act ("FWA"} and the Minneso#a Human Rights Act ("MHRA"). 1. Protected Class� The FHA prohibits discriminatory housing practices based. on race, color, religion, national vrigin, sex, familial status and disability. The MHRA provides the same pro�tection as the #eoleral FHA, along with protection to those discrim"inated against on the basis of their creed, marita! status, status witfi� regard to public assistance, and sexual orientation. The prohibition of discrimination against families w�th children does not apply to statutoriiy defined senior citizen housing. 2. Unfawful housing practices: Things conside�ed u�lawful practices under the FHA and MHRA inclvde: 1. 2_ Refusing to negotiate fof the saie, lease or rental of a dweliing ar ofherwise make rt u+navaiiable. Discriminating in the terms, conditions, or privileges of sale, lease or renta! of a dwelling, or in the provision of services or facitities. 3. Making, printing or publishing any statement or advertisement that � indicates any preference, fimitation, or discrimination or an intention to make any such preference, limitation or discrimination. l 4. Misrep�esenting the availability of a dwelling far inspection, sale �r /"� �ental. 5- Blockbusting or attempting to blockbust fio� profit. - Blockbusting is the intentional segtegation of a �eighborhood 6y i�ducing sales or rentals by making representations of an imminent racial turnover of the neighborhood or blocic. 6. Specific conduct with respect to disabilities, such as refusing to make reasonab�e accommodations and iailing to design and construct new dweliings to make them futly accessible, 7_ Engaging in discriminatory real estate relat�d transac#ions {directed at real estate brokers, salespeopie, or their employees or agentsi. 8- Denying access to MLS service or similar service_ 9. lnterfering with any right provided under the FHA or MHRA_ 10_ Engaging in disctimi�atory lending pfactices (directed at banks. mortgage companies, insurance companies, or financial institutions)_ : �".� 3. Enfio�cement Mechanisms: Both the federal FHA and MHRA provide somE enforcem2nt mechanisms to ensure corripliance with the �avy_ The Oepartment of Housi�g and Urban Development ('�HUD"j has responsibility tv administer a�d enforce the federal FHA_ HC10 is reqcaired Yo refer complaints to the enforceme�t agency of the state where the discriminatory practice occurred if that agency is ceriified as having equivalent state laws {sueh as Mi�nesotaa_ - The iVlinnesota Depa�tment of Human Rights has responsibiiity to administer and enforce the MHRA_ 1Fl addition, an aggrieved person can file a civil action within on yea� of the atiegedly discrimi�atory housing practice. The Minnesota Department of Human Righ#s has a eomplai�t intake process, subpoena power, recordkeeping ..�equirements, public hearings, a mechanism .for.rriandatory enfvrcement, provision for injunctive relief, ptovision of attorneys' fees to compiainants, and opport�nities for damages. Violation of the state fiair housing law is cvnsidered a misdemeano�. 4- Recomrnendation F�idley can incorporate into an ordinance ali ot the substantive standards for fair housing provided in the Minnesota Human .Rights Act, the Federal Fair Housing Act, 2 � z y . both or neithe�. R�ther than electing coverage on a piecemea! basis, w� recflmmend � the Counci( incorpora'[e in total substantive standards provided in both the Minnesota Human Rights Act or 'the Federal Fair Housing Act. � Fridley can establish its own investigative and enforcement mechanism or it can rely upon the Oepartment of Human Rights to i�vestigate and enforce complaints. 8ecause Fridley has limited resources, we recommend that the City utilize the state's administrative and enforcer�nent process rather than develop its own sepafate process_ The state already has invest+gators t�ained in fai� housing issues and it has an establishsd administrative process fo� resolvir�g complaints. We recommend that the Community Development departrnent be given specific authority to direct complainants to the state department for assistance. 3 � a° t . zc,z.oz ut:�':�R"G\tE\�pF� HI:�L�\ RlGfll�� 119b restructuring, modificd �vork schcdules, rcassignmcnt to a�•acant position, acquisition or modification of equipment or de��ices, and the pro�•ision of aides on a temporary or periodic basis_ In dctcrmining whcthcr an accommodation would imposc an unduc hardship on the operation of a business or organization, factors to be considered include: (a) the overall size of thc business or organization �vith respect to number of employees or members and the number and type of facilities; (b) the type of the operation, including the composition and structure ofthe work force, and the numberofemployees at the location where the employment would occur, (c) the nature and cost of the needed accommodation; (d) the reasonable ability to finance the accommodation ai each site of business, and _ (e) documented good faith eH'orts to explore less restrictive or less expensive alter- natives, including consultation with the disabled person or with knowledgeable dis- abled persons or organizations_ � A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cosi to the employer or applicant. Subd. la. Disclosure of inedical information. If any health care records or medical information adversely affects any hiring, fi�ing, or promotional decision concernirig an ap�Iicant or employee, the employer must notify the af%cted party of that information within t days of ihe finai decision_ S d. 2_ Real"prope .. t is an unfair discriminatory practice: - or an owner, essee, sublessee, assignee, or managing agent of, or other peTSOn having the right to sell, rent or lease any real property, or any agent of any of these: (a) -to refuse to sell, rent, or lease or oiherwise deny to or withhold from any person or group of persons any reai property because of race, color, creed, religion, national origin, sex, maritai�status, status with regard to public assistance, disability, sexual ori- entation, or familiai status; or • . y (b) to discriminate against any person or group of persons because of race, color, cre�d,:religion, national origin, sex, marital status; status witlr-regaXd'tb publie�assis- tance; disabiliiy, sexual orientation, or familial status in the temis, conditions or grivi- leges of the sale, rental or lease of any real property or in the furnishing of facilifies or services in connection therewith, except ihat nothing in this clause shall be construed : to prohibit the adopiion of reasonable rules intended to protect the safety of-minois in their use of the real property or any �'acilities or services fumished in connection therewith; or (c) in any tranSac�ion involving real property, to print, circulate or post or cause " to be printed, circuiated, or posted any advertisement or sign, or use any form of appli= `' cation for the purchase, rental or lease of real �roperty, or make any record or inquiry ; in connection with the prospective purchase, rental, or lease. of real property whicli �: expresses, directly or indir�tly, a�y limitation, specification, or discrimination as to:= race, color, crced, religion, national origin, sex; marital status, status with regard to pui}''= lic assistance, disability, sexuai orientation, or familial status, or any inient to make any `;; such limitation, specification, ar discrimination except that nothing in this clause shall .:s� be construed to prolu'bit the advertisement of a dwelling unii as available to adults-only �; if the person ptacing'ihe advertisemeni reasonably believes thai the provisions of iliis;� subdivision prohibiting discrimination because of familial status do not apply to .the :� dwelling unit . . - w_ : . .... , ,�..,�::-<-�s".:::�; (2) For a real estate broker, real estate salesperson, or employee, or agent.thereo_�: :� (a) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any.real prop-;�� erty to any person or group of persons or to negotiate for the sale, rental, or lease.of� any real property to any person or group of persons because of race, color,'creed,��el%- gion, national origin, seac, marital status, statas with regard to public assistance; �bi1=� ity, sexual orientation, or fa�riilial status or represent that real property is not availalile; : ... � . �. �:Y �� .;. 1 f � ,,� DEPARTMENI' OF HUMAN RIGH'I'S 363.03 for inspection, sale, rental, or icase .vhen in fact it is so available, or othecwise deny or _ withhold any real property or any facilities of real property to or from any gerson or group of persons because of race, color, creed, religion, national origin, sex, marital sta- tus, status with regard to public assistarice, disability, sexual orientation, or familial sta- tus; or � � . • (b) to discriminate..against any persoit�beca�sc''-of race, color, creed, religion, national origin,, sex, marital status, status with regard to:public ass'istance, disability, ''sezual�orieniation, or famiiial status in the terms, conditions or privileges of the sale, rental or lease of real property or in the�furnishing of fac�ities or services in connection therewith; or (c) to pnnt, circulate, or post or cause to be printed, circulated, or posted any adveRisement orsign, or use any form of applicaiion for the•purchase, rental, or lease of any reai property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which express� directly ar indirectly, any limitation, specification or discrimidation as to race, color, creed, religion, national ori- gin, sex, marital staLus, status with regard to public assistance, disability, seacuai orienta- tion, or familiat status or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be constnied to prohibit the advertisement of a dwelling unit as available to adults-only if ih� person placing the � advertisement reasonably believes that the provisions of this subdivision prohibiting discrimination because of familial status do not apply to the dwelling unit. _ (3) For a person, bank, banlcing organization, mortgage company, insurance corn�- pany, or other financial insiitution or lender to whom ap.plication is made for financial , assistance for the urchas� ..lease .� c uisit �tion, rehabilitatian, repair or :`' P ,,,,..-- �>� Q- . = �liain ance of an"y''iea"1`piopeity"oi an�� a `bY��E`�Pl�a�'y,ee thereof: �- � -� •-�: � -..: -:; � _ --. . o discniniria`te against any person or group ofp�rsons�use of race, `color;. � . creed, religion, national origin� sex, marital status, status with regard to public assis- ' � iance, disability, sexual orieniaiion, or familial status of ihe person or group of persons� or of the prospective �occupants or tenants of the real properiy in the granting, withhold- � ing, -extending, modifying or rene.ving, or in the rates, terms, conditions,.+or privileges of the 6nancial assistance or in the extensibn of �ervices in connection therewith; or �{b) io use any forn� of application for the financial ass'istance or make any record or inquiry in connection with applications for the financial assistance which expresses, directly or indirectly, a.ny limitation, specification, or discrimination as to race, color, creed, religion, �ational origin, sex, marital status, status with regard to public assis- tance, disability, sexual orientation, or familial status or any intent to make any such iimitation, specification, or discrimination; or {c) to discriminate against any person or group of persons who desire to purchase, lease, acquire, construct, rehabilitate, repair, or. maintain real property in a specific urban or rural area or any part thereof solely because of the social, economic, or envi- ronmental conditions of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions .�or�pnvileges of the financial assistance � or in the extension�ofservice"s"in connectio�`�herewit�h: .. .(4) For any real estate broker or real esiate salesperson,`for the purpose of inducing a real property transaction from which the persoq the person's fircn, or any of its mem- bers may benefit financially, to represent that a change has occurred or will or may oecur in the composiiion �vith respect to race, creed, color, national origin, sex, marital status, siatus with regard to public assistance, sexual orientation, or disabi(ity of thc owners or occupants in tlie block, neighborhood, or area in which the real propeny is located, and to represent, directly or indirectly, ihat this change will or may result in undesirable consequcnces in the block, neighborhood, or area in which thc real prop- ^riy is located, including but not limited to the lo�vering ofproperty values, an incrcasc n erirr�' �l or antisocial bcliavior, or a dectine in the quality of schools or other pi�b- tic fac�1!►��cs jS) For a person to dcny full and equat accrss to real property pro�•ided for in tl�is scction to a person who is totall�� or panialh blind, dcaf, or has a ph�sical or sc,�son� � 3��.a� ��erax-�rnt�nrr or �iur�,�� x�c;ii�is � �'�s disability and who uses a service animal, if the sccvice animal can be properly identified as being from a recognized program wl;ich trains service animals to aid persons �vho are totally or partially blind or deaf or have physical or sensory disabilitics. The person may not be required to pay extra compensation for the service animal but is liable for damage done to the premises by ihe scrvice animal. � (6) Fora person to coerce, intimidatc, threaten, or interfere with a person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of ihat person having aided or encouraged a third person in the exercise or enjoyment of, any right granteci or protected by this subdivision. Notwithstanding the provisions of any 1£w, ordinance, or home nile charter to the contrary, no �rson-shall be�deemed;to have committed any�nfair disciiminaio.ry prao- tice based upon age if the unfair discriminatory praciice alleged is attempted or accom- plished for the purpose of obtaining or maintaining one of ihe exemptions provided for a in secti n 3b3 02 subdivision 2. Subd. 2a. Real property; disability discriminati a) For purposes of subdivision 2, discnminahon in u es: (1) a refusal to permit, at the expense of the disabled person, reasonable modifica- tions of existing premises occupied or to be occupied by the disabled person if modifi- cations may be necessary to aflord the disabled person full enjoyment of the premises; a landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modificaiion, excluding reasonable wear and tear, (2) a refusal to-make reasonable accommodations in nrles, policies, practices, or services, when accommodations may be necessary to afford a disabled person equal opportunity Lo use and enjoy a dwelling; or (3) in cbnnection with the design and construction of covered muitifamily dwell- ings for�rst ocxupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that: . (i�; the�„ublic�_u.se and-coinmon�us�. portions are readi�y accessible.to and usable by a disabled person; . _ - .. =:�. - . _-?;�. "�;: (ii) �all the doors designed to allow passage inio and within all premises are suffi- ciently wide to allow passage by disabled persons in wheelctfairs; and (iii) all premises contain the follo�zng featutes of adaptive design: an accessible route into and through the dwelling; Iight switches, electrical ouflets, thermostats, and other environmental con�rols in accessible locations; reinforcements in liathroom walls to allow later anstallation of grab bars; and usable �.itchens and bathrooms so that an individual in a wheelchair can maneuver about the space. . (b) . As used in this subdivision, the term'"covered multifamily dwellings" means: (1) a building consisting of four or more units if ihe.building has one or more ele- vators; and . (2) ground floor units in other buildings consisting of four or more units. (c) This subdivision does not invalidate or limit any law of the state or political subdivision of the state, oi oiher jurisdiction in which this subdivision�pplies, ihat requires dwellings to t�designed and corlstructed in a manner that affords disabled per- sons greater acxess than is required by this subdivision. ' �{d) This subdivision does not require that a dwelling be made available to an indi- vidual.a�hose.tenancy-would:�nstitute a direct ihreat to t�e health o��afgty of other indiviilUals�or wfiose tenancy would result in substantial`p$ysical d'ainage �'c� ttie'prop- eriy of others. � - . . Subd. 3. Pablic accommodatioris. (a) It is an unfair discriminatory practice: (1) to deny any person ihe full and equal enjoyment of the goods, services, facili- ties, privileges, advantages, and accommodations of a place of public acxommodation because of race, color, creed, religion, disability, national origin, maritai status, sexual orientation, or sex, or for a taxicab company to discriminate in the access to, full utiliza- tion of, or benefit from service because of a person's disabiiity; or 1 i : # i � �. � � ; i