PL 11/06/1996 - 7075/
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PLANNING COMMISSION MEETING
WEDNESDAY, NOVEMBER 6, 1996
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PUBLIC COPY
(Please return to Community Development Dept.)
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CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MTG. WEDNESDAY, NOVEMBER 6, 19� '"'k8:00 P.M. *'`
LOCATION: Fridley Municipal Center, 6431 University Avenue N.E.
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: October 16, 1996
(Tabled) PUBLIC HEARING� CONSIDERATION OF A WETLAND REPLACEMENT
PLAN, WR #J6-01. BY NOAH'S ARK:
To fill 9,356 square feet of type PEMC wetland and replace with same on site; 83rd and
University Avenue.
APPROVE 1997 MEETING DATES
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RECEIVE THE AAINUTES OF THE HUMAN RESOURCES COMMISSIOIV MEETING
OF OCTOBER 3. 1996
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RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF OCTOBER 10. 1996
RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF OCTOBER
23. 1996
OTHER BUSINESS:
ADJOURN
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CITY OF FRIDLEY
PLANNING C�ISSION MEETING, OCTOBER 16, 1996
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Chairperson Savage called the October 16, 1996 Planning Commission
meeting to order at 7:30 p.m.
ROLL CALL:
Members Present:
Members Absent:
Diane Savage, Dave Kondrick, I,eRoy Oquist,
Connie Modig, Larry Kuechle
Dean Saba, Brad Sielaff
Others Present: Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
James A. Fehling, Fehling Agency
R. A. Stinski, 1612 E. Berne Circle N.E.
John Mely, 14945 Crow River Drive, Rogers
Brian Sullivan, 2625 - 172nd Avenue N.W.,
Andover
APPROVAL OF OCTOBER 2, 1996 PLANI�ING CONlMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr..Kuechle, to approve the
October 2, 1996, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL.VOTING AYE,
MOTION CARRIED UNANIMOUSLY.
SAVAGE DECLARED THE
1. PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA
#96-02, BY NOAH'5 ARK:
To amend the Fridley City Code, Chapter 205, entitled
"Zoning", by amending Sections 205.07.O1.C.(8),
205.08.O1.C.(8�, 205.09.O1.c.(7}„ and 205.14.O1.A.(14), to
provide parking standards for hospitals, nursing homes,
convalescent homes, and home for the elderly.
Ms. McPherson stated the petitioner had not yet arrived and
suggested discussion first of item #4, Proposed Fair Housing
Ordinance.
2. PROPOSED FAIR HOUSING ORDINANCE
Mr. Hickok stated the City is committed to adopt a fair housing.
ordinance as part of the settlement agreement with the 5ylvan 0aks
Tenants Association. In preparation of the Southwest Quadrant
project, the City demolished a number of buildings. As part of
that demolition, there was a challenge.and ultimately a settlement
with the Tenants Association. In the settlement, the City '
stipulated they would adopt an ordinance that would assure the City
PLANNING CO1�lISSION MEETING OCTpgEg 16 1996
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protects all classes of people and that the City would investigate
the best way to do that. The City did investigate with Mr. Knaak,
City Attorney, and also with Jodee Kozlak, Greene Espel, who
represented the City in the case with the�Tenants Association.
Mr. Hickok stated the ordinance incorporates by reference the
standards of the Federal Fair Housing Act and the Minnesota Human
Rights Act. The City would assure that the ordinance was in place
to protect unlawful activities of an owner as they lease, sublease
or manage their unit; and under the ordinance an owner cannot
refuse to seli, rent, or lease housing from any person or group of
people because of their race, color, creed, religion, national
origin, sex, maritai status, status with regard to public
assistance, disability, sexual orientation, or familial status.
l�Ir. Hickok stated staff, along with the legal staff, has analyzed
the language of these acts and are comfortable with it. The City
would have the ability to use a larger pool of enforcement and do
have some backing from both State and Federal agencies. Staff
recommends approval of the fair housing ordinance as included in
the agenda packet. The Housing & Redevelopment Authority has
reviewed the proposed ordinance and have recommended approval.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend �
approval of the proposed Fair Housing Ordinance as presented by
staff.
UPON A VOICE VOTE, ALL VOTING.AYE, CHAIRPERSON SAyAGE DECLARED THE
MOTION C.ARFtIED UN�1NIMpUSLY .
3• PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA
#96-02, BY NOAH'S ARK:
To amend the Fridley City Code, Chapter 205, entitled
"Zoning", by amending Sections 205.07.O1.C.(8),
205.08.O1.C.(8), 2p5.09.O1.c.(7) „ and 205.14.O1.A.(14), to
provide parking standards for hospitals, nursing homes,
convalescent homes, and home for the elderly.
MOTION by Ms. Modig, seconded by Mr. Kondrick, to waive the reading
of the public hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE; CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:38 P.M.
Ms. McPherson stated the zoning text amendment is the result of a
request by Noah's Ark to construct a senior/elderiy independent
living structure at the intersection of 83rd Avenue and the West
University Avenue service drive. The parcel is zoned C-2, General
Business. Homes for the elderly�are a permitted use in that
district.
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PLP,NNING CO1rIlrlISSION MEETING, �OCTOBER 16, 1996 _ PAGE 3
Ms. McPherson stated the purpose of the zoning text amendme�t is to
define what the City means by homes for the elderly since there are
also nursing homes and assisted living buildings which provide a
different level of care than nursing homes. There are also
independent living senior buildings which are apartments for
seniors with limited services provided.
Ms. McPherson stated the zoning code does not recognize the
modernization and diversification of the senior housing market.
Staff is proposing to provide some specific parking ratios for
senior buildings which recognizes the fact that, as seniors age in
place, the number of vehicles usually decreases and could
eventually be eliminated. Currently, the ordinance for multiple
family dwellings are based on a rate of 1.5 parking spaces for each
one bedroom and an additional .5 parking space for each additional
bedroom. Staff is suggesting for convaiescent homes the rate be
one space for every four beds and three spaces for each four
employees on a shift. For independent living facilities, staff is
recommending one space per unit with 500 of the spaces.enclosed.
They have a caveat that states, "If the City determines the
building may be converted to market ra��, then the number of stalls
shall be based on the number of bedrooms as calculated in the
current code". For assisted living facilities, the recommendation
is 0.5 space per unit.
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Ms. McPherson stated, in reviewing the requirements of other cities
for these types of facilities, staff found the requirements were
all over the board. Some cities have no requirements for senior
buildings. Others have one space per unit. Others require meeting
the general standard but then say they can put in less if there is
enough room to meet the general requirements. The .5 space per
unit for assisted living facilities is based on the petitioner's
historical experience. The one stall per unit for senior
independent housing is consistent with those communities that do
have parking ratio. requirements. Nursing homes requirements also
vary widely. There are a number of different ratios. Some are
based on the number of beds, the number of employees, etc. The
recommendation as presented by staff seems to be the middle of the
road.
Ms. McPherson stated staff recommends approval of the zoning text
amendment to add the following parking ratios for convalescent
homes and homes for the elderly:
Convalescent Homes - One space for every four beds and three
spaces for every four employees on the largest shift_
Independent Living Facilities - One space per unit, with S0�
of the stalls enclosed. If�the building is.convertible to
� market rate, then the number of stalls shall be based on the
number of bedrooms.
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PLANNING CON�IISSION MEETING OCTpgE12 .16 1996
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Assisted Living Facilities - One-half space per unit.
Mr. Oquist asked if this takes into consideration not only resident
parking but also visitor parking.
Ms. McPherson stated there was only one community that required
visitor spaces in their ratio calculation. That acknowledgment was
one space for the first 10 units and .25 space for every unit of 10
above that. If the Commission wanted to add an additional
acknowledgment to the proposed ratio for visitor parking, that
would be up to the Commission.
Mr. Kondrick stated this did not seem like that many spaces for
visitors.
Mr. Kuechle stated, when looking at one space for every four beds,
we must consider that not very many residents have cars. The
independent living is one space per unit.
Mr. Kondrick stated it seemed fair for the residents. There seems
to be a need for visitor parking. Using the visitor parking ratio
mentioned, a building with 30 units would require 1.5 parking
spaces for visitors. That does not seem right.
Ms. McPherson stated the requirement is for one s ace ��
for the residents in the buiidin P Per unit is
for visitors. g Plus spaces in addition to that
Mr. Oquist stated he did not have a problem with the ratio for
residents. It is possible that only 30g of the residents living in
the building wiil have a vehicle. His mother-in-law lives in a
similar type of building and he has never experienced problems
finding a parking space.
Mr. Savage agreed that this may well be the situation in all the
buildings.
Ms. Modig asked what was meant when talking about converting the
building to market rate.
Ms. McPherson stated, for example, if a building was a subsidized
building originally built for independent living seniors and 20
years later, the subsidy ran out or expired and the building was
converted to general market, then we would require more spaces.
Ms. Modig stated, if the building is converted to market rate, we
would then require more spaces. If now only one space per unit is
required, we are saying they cannot do anything with that property
because they do not have enough parking spaces.
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PLANNING COI�IISSION MEETING, OCTOBER 16, 1996 PAC�E 5
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Ms. McPherson stated, by requiring that clause, if someone selects
a property and starts a senior building and then sells it to
someone else, that person would not be able to convert to a
different type of building unless they can provide the spaces.
Mr. Kuechle asked what the e�erience had been regarding parking at
Village Green.
Ms. McPherson stated, to her knowledge, they have never had a
parking problem. She did not know what that parking ratio was.
The Norwood Square building was required to provide the general
market requirements that were in place in the code. They only
installed the minimum of one space per unit and they have not had
any parking problems. -
Ms. Modig stated she has a relative in a highrise building in St.
Paul with a small parking lot. When visiting, they never had
problems finding a parking space even during the holidays.
Mr. Hickok stated he asked the petitioner what happens during
holidays. The petitioner stated that typically there are not a lot
of holiday events. They will get a scattered number of families,
but generally the residents go out.
�, MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAYAiGE DECLARED THE
MOTION CARRIED AND THE PUBI,IC HEARING CLOSED AT 7:52 P.M.
MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend
approval of the text changes as recommended by staff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVA+GE DECLP,RED THE
MOTION CARRIED UNANIMOUSLy,
4. PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA
#96-03, BY ROLAI�TD STINSKI:
Per Section 205.16.O1.A.(1) of the Fridley City Code:
l. USES PERMITTED
A. Principal Uses.
The following are principal uses in CR-1 Districts:
(1) Professional office facilities including real
estate, lawyer, architectural, engineering,
financial, insura�ce, professional jewelry
� services, and other similar office uses.
PLANNING CON�IISSION MEETiNG OCTpgER 16 1996
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MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading
of the public hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIgpERSON SAVAGE DECI,ARED THE
MOTION CARRIED �1�Tp THE pvgl,IC �NG OPEN AT 7:53 P.M.
Mr. Hickok stated the request is for a text amendment. The
petitioner is asking for a text amendment to allow a professional
jewelry store in a professional office building. The proposal
would allow a modification of the CR-1, General Office District, to
allow a certain amount of retail in an office space such as this.
Along with Mr. Stinski are Mr. Sullivan and Mr. Mely who are
gemologists and professional jewelers who are interested in the
space now occupied by an insurance company on the main floor. The
area is set up to have a number of private office spaces and, as
described by the petitioners, would incorporate some retail space
in what is now the lobhy.
Mr. Hickok stated staff visited a complex located at I-394 and
Highway l00 where they have a main floor jewelry operation similar
to that proposed. Staff found this facility to be an interesting
mix. The use itself without the showcases is truly an office use.
It has private consultation rooms for those interested in buying
diamonds, rooms with microscopes for the gemologists, general
office space, and the retail area is the e �
glass showcases. quivalent of a lobby with
Mr. Hickok stated, as staff evaluated the history and purpose of
this zoning district, staff also looked at where the district is
located. The property is located north of I-694 and east of
Highway 65. The CR-1 was meant to transition from industry and
commercial to other uses. This is a passive use with not a lot of
impact beyond the property line. Staff evaluated whether or not a
small retail operation would have impacts. Staff determined there
may be things such as signs, separate doors, etc., that would take
it away from a professional office building appearance. With that,
staff recommends approval of the text amendment as a special use in
the CR-1 district, with the following stipulations:
l. Retail jewelry sales shall be incidental to other p�rmitted
uses and shall not comprise more than 25 percent of the floor
area of the principal uses space.
2. All signage shall be consi.stent with that allowed in the
district.
3, Entrance to the retail sales area shall be through the space
of the principal use, not through a separate entrance.
Mr. Oquist asked if there was enough parking to accommodate this �
use along with the rest of building.
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PLANNING CONIl�IISSION MEETING, OCTOBER 16, 1996 PAGE 7
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Mr. Hickok stated the building has 89 spaces with 88 required.
Based on their experience, they feel they have adequate space
within the existing parking.
Mr. Oquist asked what the signage would be limited to.
Mr. Hickok stated, in the CR-1 district, the building itself has
its identifying sign. For a freestanding sign, it is a monument
sign which has less of an impact as opposed to a pylon sign . The
amendment would say the jewelry business would not have its own
separate signage. If the office building wanted to use some of its
building sign, they can do that but not on a separate sign.
Ms. Savage asked if the petitioners had any problems with the
stipulations.
Mr. Sullivan and Mr. Me1y stated they had no problem with the
stipulations and that they had no additional comments.
Mr. Kuechle asked if they had any problems.with the sign
requirements. �
Mr. Sullivan stated they are okay within the parameters.
��� Mr. Oquist asked if there would be a need for such things as
special sale signs, etc.
Mr. Mely stated this would not be used with their business.
Mr. Stinski stated he was the owner of the building. He assured
there would be no other signage then what is appropriate. He is
very particular about who they have in the building. There will be
no additional signs. They will be nice tenants and an asset to the
building.
Mr. Fehling stated his family has had an insurance business in
Fridley for over 30 years. Mr. Mely is a client of theirs and they
have done a lot of business with him and have done a lot of
business with Continental Diamonds. As a character assessment, he
thought they wouid be a positive influence.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED .THE
MOTION CARRIED AND THE PUBLiC HEARING CLOSED AT 8:04 P.M.
Mr. Kondrick stated he had no problem with the request. This is a
nice building in a good location:
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PAGE 8 �
Mr. Oquist asked, because this is a jewelry store, do the police
have any issues.
Mr. Hickok stated the police are aware of the request and had no
specific stipulations.
Mr. Stinski stated he has references from the police in the City of
Blaine.
Mr. Kondrick stated such a business would have valuable products.
Is security part of their responsibility?
Ms. Savage stated the police would patrol that area.
Mr. Stinski stated the building has an alarm system that rings
directly to the police department.
MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend
approval.of Zoning Text Amendment, ZTA #96-03, by Roland Stinski,
with the following stipulations:
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 allowed in the
district.
3. Entrance to the retail sales area shall be through the space
of the principal use, not through a separate entrance.
UPON A YOICE VOTE, ALL VOTING AYE, CHAIRpgg,SON Sp,Vp�Gg DECLARED THE
MOTION C'.ARRIED UNANIMpUSLY.
Mr. Hickok stated the City Council would the amendment on
October 28. If approved, the petitioner would then be asked to�
come-through with their specific special use permit.
5- 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.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to table
consideration of a Wetland Replacement Plan, WR #96-01.
UPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMpUSLY.
6• RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION �
MEETING OF SEPTEMBER 9, 199b
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PLANNING CON�IISSION MEETING, OCTOBER 16, 1996 PAGE 9
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the
minutes of the Parks & Recreation Commission meeting of
September 9, 1996. .
UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECI,ARED THE
MOTION CARRIED UNANIIKtxJSLY .
7. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF SEPTIIMBER 12, 1996
MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the
minutes of the Housing & Redevelopment Authority meeting of
September 12, 1996.
UPON A VOICE VOTE, ALL VOTING AYE., CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANINIOUSLY. �
OTHER BUSINESS:
Mr. Hickok provided an update of City Council actions.
ADJOURNMENT
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the
� meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
N�TION CARRIED AND THE OCTOBER 16, 1996, PLANNING CO�IISSION
MEETING ADJOURNED AT 8:12 P.M.
Respectfully submitted,
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Lavonn Cooper
Recording Secretary
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S I G N— IN S H E E T
PLANNING COMMIggIQN.�ETING� - Wednesday, October 16, 1996
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DESCRIPTION OF REQUEST:
The petitioners request approval of their wetland replacement plan to allow fil1 to be piaced in a Type
5 wetland. If approved, the partial filling of the we�and would allow construction of a 108 unit senior
independent living apartment building. The request is for the vacant 3.2 acre parcel iocated at the
intersection of 83�d Avenue and the West University Avenue Service Drive. Approximately .21 acres
of wetland will be filled if approved.
� SUMMARY OF ISSUES:
The petitioners have submitted the information required under Section 205.27 entitled "Wetlands"
and under the 1995 amendments to the 1991 Wetland Conservation Act Peterson Environmental
Consulting, Inc., the City's consultant� has reviewed the petitioner's proposal, and has found that it
�complies with the Act and its subsequent amendments.
The petitioner is proposing to mitigate impact on site by expanding the weUand along 83rd Avenue,
along the south side of the proposed building. In addition, some of the Type 5 wetland will be
converted to Type 6 wetiand, resulting in no loss. With the 1995 amendments, the �titioner will also
receive wetland mitigation credit for the proposed retention pond designed to address the stormwater
runoff from the site.
The petitioner will t� required to monitor the wetland for 5 years after construction of the we�and to
insure that it functions as a we�and. The weUand will be created and seeded with a combination of
existing wetland soil and MnDOT seed mix 25A, which contains a variety of plant materials. Staff
would like to review this mix prior to planting.
RECOMMENDED ACTIONS:
The proposed wetland �eplacement plan meets ihe ordinance and Statute requirements. Staff
recommends that the Planning Commission recommend approval of the replacement plan, WR #96
01 to the City Counci0 with the following stipuiations:
� 1. The petitioner shall submit monitoring informatiorto the City on June 1 of each year, from 1998 unti
2003.
2. The petitioner shall submit the plant list for MnDOT seed mix 25A to staff for review.
staff Report
WR #96-01, by Noah's Ark
Page 2
PROJECT DETAILS
Petition For.
Location
of Properly:
Legai Description
of Property:
Size:
Topography:
Euisting
Vegetation:
Euisting
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
lssues:
Site Planning
Issues:
Approvai of a wetland replacement plan to fill .21 acres.
Northwest comer of the intersection of 83rd and Univers
Avenue
Lot 1, Blodc 1, Springbrook Apartments at Northtown
3.2 Acres
Mostly flat, site shows evidence of historic fill, wetland is
located along the west property line.
Grass, scrub trees, and plants associated with wetlands
C 2, Ge�eral Business; Springbraok Apartments at
Northtown; 1985
Lopted in 83rd Avenue
Wes# University Avenue Service Drive
N/A
Wetland replacement, detention pond
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�,,,� Staff Report
WR #96-01, by Noah's Ark
Page 3
DEVELOPMENT SITE
Description of Request
The petitioner requests that a wetland replacement plan be approved to allow filling of
.21 acxes (9356 square feet) o# Type 5 wetland. The petitioner is proposing to
construct a 108 unit senior independerrt living apartment building. The building is
proposed to be four stories in height, with one level dedicated to underground parking.
There will be 72 underground parking spaces, and 30 surface .paFking spaces, with 12
additional "proof of parking" spaces. The building will contain a combination of one
and finro bedroom units. The building will be subsidized, therefore 40% of the units will
be targeted to seniors with incomes of less than $30,000 ($26,220 for 2 person
households, $22,920 for 1 person households). �
Site DescriptioNHistory
The subject parcel is located in the northwest comer of the intersection of 83rd Avenue
� and the West University Avenue Senrice Drive. Loca#ed north of the property is Wal-
Mart. Located west of the pro�rty is Springbrook Apartments at Northtown. The
subject parcel is zoned C 2, General Business Distrit:t. Homes for the elderly are a
permitted use in the C-2 district.
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The property is curre�tly vacant. The most recent land use request for the parcel was
in 1988 in which a car dealership was proposed for the property. A Type 5 wetland
exists along the westerly property line. Approximately 2.1 acres of this wetland is
proposed to be filled. In addition to the wetland replacement plan, the petitioner is
processing a variance to reduce the rear yard setback from 25 feet to 15 feet, and a
zoning text amendment to provide specific parking ratios for senior housing and care
facilities.
ANALYSIS
The Type 5 wretland to be impacted is located along the westerly property line. Type 5
wetlands are inland fresh water, and are characterized as being shallow (<10 feet
deep), and fringed by a border of emergent vegetation (cattails, reeds, dogwoods, and
other associated shrubs). This wetland is Palustrine (not associated with a lake or a
river) in nature, with and has a sandy bottom wfiich is i�termittently exposed. The edge
of the wetland is wavy. The site exhibits evidence of historic fill occurrences.
Staff Report
WR #96-01, by Noah's Ark
Page 4
The petitioner will be filiir►g a total of 9,356 square feet of wetland. The 1995
amendments to the 9 991 Wetland Conservation Act increased the deminimus fill
permitted from 4� square feet to 5,000 square feet in counties with greater than 50°�
of their wetlands remaining. The petitioner, therefore, would be required to replace
4,356 square feet. At a minimum, this must be replaced at a rate of 2:1. The petitioner
is proposing a replacement of 13,333 square feet, just over three times the impact area.
As required by Statute, the petitioner has submitted the wetland delineatior�, and a
replacement plan for review by the City. StafF was assisted in the review of the
replacement plan by Mike Graham of Peterson Environmental, and the Board of Water
and Soil Resources for interpretation of the new statutes.
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The petitioner is required by statute to do "sequencing'; determining if the project can
avoid the wetland, and impact minimization (see attached narrative from Ulteig
Engineers). The petitioner has attempted to minimize impact to the wetland by
minimizing the footprint, moving the building as far to the east and north as setbadcs
allow (variance to the rear yard setback is requested), and reducing the amount of
grading required. �
The petitioner proposes to mitigate the impacts by cxeating the 13,330 square feet on
site in three ways:
1. Expanding the wetland in two locations; adjacent to the west side of the
building, and along the south side of the building. These two areas will
provide 7,485 square feet of mitigation area.
2. Creation of a retention pond (one that remains wet) on the property for
stormwater control. The amended statute gives 75�o credit for retention
basins of this nature. This area will provide 5,848 square fieet of
mitigation area. This basin, Hfiile connected to the wetland, will not
"drain" into the wetland, water will enter from the bottom of the retention
basin, allowing pollutants to settle into the retention pond.
3. Converting some of the Type 5 wetland edge to Type 6, a shrub swamp.
This will allow planting of more shrubby materials. These areas, while
now being considered as impact areas, may be candidates for "no loss"
determinations by the City.
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�,,,� staff Report
WR #96-01, by Noah's Ark
Page 5
The petitioner will create the wetland by excavating the upland areas indicated above.
Wetland soils to provide a seed bank for the wetland wili be spread over the
excavated areas. The petitioner will be required to monitor the wetiand areas for five
years. The petitioner will submit an annual monitoring report to the City in accordance
with the Statute. Staff requests that the petitioner submit the Minnesota Department of
Transportation Seed Mixture Type 280 seed list for staff review.
Peterson Environmental agrees that the wetland replacement plan complies with the
State Statute and ordinance requirements.
The proposed development meets all other zoning district requiremerrts.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the wetland
replacement plan WR #96-01 to the City Council with the following stipulations:
� 1. The petitioner shall submit monitoring ir�formation to the City on June 1 st of each
year from 1998 until 2003.
2. The petitioner shall submit the plant list for MnDOT seed mix 280 to staff for
review.
ADJACENT SITES
WEST: Zoning: R-3, General Multiple Family Land Use: Residential
SOUTH: Zoning:
EAST: Zoning:
NORTH: Zoning:
Comprehensive
Planning Issues:
Public Hearing
Comments:
r"�
C-3, General Shopping Center
C-2, General Business
C-2, General Business
Land Use: Assembly
Land Use: Vacant
Land Use: Retail
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OCT-07-1996 16=00
CONSULTIIVG ENGINEERS
October 4, 1996
ULTEIG ENGINEERS INC 612 571 1168 P.01iO3
�QNE G72• 671.2500
HlX 61l.(f%1.77G9
ULTEIG ENGINEERS, ,NC.
520t E0.ST fUVER RQqR 3URE �B MIWNEAPOLIS, MN 66421
Nls. Michele McPherson
City ot Fridley
6431 University Avenue NE
Fridle�r, NIlJ 55432-4383
Re. Fridley Independent Living At 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 WETLAND SLCTION
1. Applicant: ivoah�s Ark of Minnesota, Inc.
3434 Lexington Avenue N
. St. Paul, A�i 55126
Attn: Mr. Gary Bidne
2. Enclosed is a copy of the uSGS map for the area.
��
4.
Mr. John Wilczek, .Aeaistant City Engineer, stated that
this site is within Si.x Cities Watershed District.
We estimate the wetland impact would be about 0.19 acrea,
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 change, to Circular 39 Type 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 of 100 to 110 units to attain a low enough rent
etructure to meet the criteria set forth for these
projects.
Due to �he above, L-he 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 impaets on the west.
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EOUAI.OPPORI'l1i�iTY EMPIAYER
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OCT-07-1996 16�00
Citp of Fridley
U�i1 No. 96725
ULTEIG ENGINEERS INC
Fridley Independent Living
612 571 1168 P.02iO3
10-7-96
Aa the existing wetland extended out in�o the proposed
building footprint,.and the building called for a level
of underground parking for the residenta to be located
beneath the building, we propoeed that fill be
introduced 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 shi�ted as far north and east as
setbacks allow, to mini.mize wetland impacts. Grading
around the northweet corner of the building has been
revised to minimize wetland impacts (see enclosed partial
grading plan) .
The proposed grades around the weat and northwest ends of
the building were lowered from finish £loor elevation of
880.o to an elevation ot 875.0 to minimize the impact to
the existing wetland. This change required the addition
of a retaining wall around the patio located at the
northwest corner of the building, with additional cost
asaociated.
We have also revi8ed the grading plan to r�fl�ct our
telephone conversation of today. The Type 6 wetland
fringe to be established along the eastern perimeter of
the existing we�land 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
existzng 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 865.5, so as to
not disturb the water level of the existing wetland. We
will be submitting a revised wetland replacement plan
whieh incorporates.these changes to the grading plan.
7. We understand that a Corps of Engineers Section 404 Clean
water Act permit will be required.
REPLACEMENT WETLAI�iD SECTION
8. Queetion 2- Revise wetland replacement to 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 1000
credit for this area, tha.t would be 0.17 acres. At 75a
credit, that would be 0.133 acres.
9. Question 3- Legal Description - Lot 2, Block 1,
Springbrook Apartmente at Northtown,
Anoka County, Minnesota
10. Question 9- Encloaed are the profile views of the
existing and proposed wetland, and stormwater pond/
Pag� 2
OCT-07-1996 16�00 ULTEIG ENGINEERS INC 612 571 1168 P.03iO3 •
City of Fridley Fridley Independent Living �0-7-96
UEI No. 96725
/"\
mitigaCion wetland with approximate normal water level, �
and wetland boundaries_ The fixed photo reference points
will be indicated on the wetland replacement plan.
11. Questioa l0 - Wetland mitigation would conaiat of
extension of the exieting wetland around the southern
part of the building from the west. TI'li5 wetland would
provide aeveral shallow 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 stormwater pond, as allowed by the
new wetland legislation of 1996. �
12. Question 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 info�mation as identified by,the LGU:
iteme A through E as required by the LGU_
GENERAL CO1�Il�NTS
2. See the enciosed crose-section of the 'l�rpe 6 wetland
fringe proposed for along the eastern perimete.r of the
existing wetland. Also, see the enclosed highlighted
area on the grading plan, defined by the elevations 865.5 �
to 866.5. To protect the existing wetland until final
vegetative protection is established, we propose that
9i1t fence be installed aiong that wetland perimeter
which has disturbed soil upstream. As required by the
MPCA General Stormwater Permit, this silt fence will need
to be maintained until final vegetation is estab].ished,
when it should be removed.
If you requi�e any additiona� information, please contact me.
Sincerely,
(11/��� " "( �*'� r�^�"
Charli.e F. Melcher, P.E.
Project Engineer
cC. Mr. M'lke Graham, Peterson Environmental Consulting, Inc.
Ms. Pat Arlig, Arlig Environmental
Mr. Skip Sorenson, JSS Architects
Page 3
TOTAL P.03
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CONSULTiNG ENGINIEERS
FAAGO-MINNEAPOLIS
BISMARCK-MiNOY
ULTEIG ENGINEERS INC 612 571 1168 P.06/07
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PROJ. TITLE �RIDL.� Y ��r10EPEN0�' Llv�l�IKO 8Y•.�`�.,': - - :�DATE �' .� '
. PRE�IMINARY,� FINAL .
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+ COQJSUIT[NG ENGINEERS
FARGO-MINNEAPOLIS
BISMARCK-MINOT
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ULTEIG ENGINEERS INC 612 5?1 116B P.07i07
PROJ. TlTLE ��L,i�ll'. . � �P6N� v��g . ,DATE ,� � °�_� '' '_._
• • � . . • . .• PAELIMINAflY� F1NAl
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ITEM C�OT.%� S�G%ZQN � �3 "' �'"O/✓O ' �' � ' SHEET � � � � OF • � .
TOTAL P.07
PETERSON �VIEMOl�'ANDI��VI
ENVIRONMENTAL I
CONSULTING, INC.
TO: Michele McPherson
FROM: Mike Graham�n "-' �
DATE: September 23, 1996
SUBJECT: Ultieg Engineering/Ark Development WCA Replacement Plan
Springbrook Apariments at Northtown
Michele:
�
I have provided the following questions and comments on the WCA Wetland
Replacement Applica.tion da.ted September 13, 1996 submitted by Ultieg engineering.
Some of these items may seem minor and tedious but the WCA rules at 8420.0530 - '"�1
Replacement Plan Components require that the applicant provide the information.
1. Need applicant address and phone nutnber information.
Impacted Wetland section:
2. Question 1- Need a larger location map showing at least a one or iwo 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 akeady 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 prudent. I would agree tha.t the applicant has done this, but would
like some explanation as to why the fill area in the northwestern portion of the site
(Wetland Fill Area #1) can't be reduced somewhat.
7. Question 12 - other permits/approvals 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,
indicate the amount of credit �ieing praposed 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.
1 l. Question 10 - As noted on the applica.tion, 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.
12. Question 12 - As noted, we will need a monitoring plan. The contents of the plan are
listed in WCA Ru1es 8420.0620 Subp. 2-Report content.
Under "Special Considerations"—the marks under "No" should be chaziged 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 Weflands 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 dra.wing showing the existing and proposed wetland bottom and
the normal water elevation. �Ve would need to review this information and decide if we
�,,,� can make a"no loss" determination on this activity per 8420.0220.
AUG-01-1996 09�49
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Report.io:
From:
ULTEIG ENGINEERS INC
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Mr. Gary Bidne
Ark DSVelopment
Susan J. McDermott
WETLAND DELINEATION
YNDEPENDENT SEMOlt $OUSING
NWl/4, NW 1/4. SF,CITON Z, ?30, RZ4
FRIDLEY, MINNESOTA
612 571 1168 P.01 = °
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Ul1E�� �G�NE��S, lNC-
The pro,perty referenc,ed above is located west of the University Avenue service road and narth
of 83rd Avenue. The prope�► is surrounded by cammercial developmetrt to the north and south
and an apartment complex to the west The wetland we delineated was along the west edge of
the property. Oaly the portion of the wetiand to be affected by proposcd development was
delineated. The propased developmern on the property is a 4-story senior apartment buildin�.
� wetland delineation according to the requiremeats of the MN 1991 Wetlar�d Conservation Act
(WCA) is required prior to construct�ion on thc property_ Arlig Enwiro�ental was retained to
delineate the wetllaad edge ia J'une, Patricia Arlig, an emrironmental engineer tiained to
complete wetland delineations, and Sus�an McDermott pla,ced stak�s at the e.ast edge of the
wetland The field work was compieted on June 18, 'l996. Tt�e w�her was cloudy and in the
60°`s. 'There had been more than 2 inches of tain in the 48 hours before the field work was
campleted The wa,ter levels were expected to be seasonally high,
The wetland was ideirti�ied and delineated using the guidelines of the F�DERAL MANUa�. Fox
In�xG �wD D�1saTnvG Wsn,Nrrns (1989) and the CoRps oF Favc�s WErLnNn
Dp..IIVEa1TON 1VdANUAY, (1987� The availablc maps vi►�..re.r�visw�d pricr to ths fieId �elu!e�.tio*±.
The SCS ma.p was obtained for Anoka�Cowrty. The soils on the site are not mapped. Th� NWI
map shows the subject w�tland on ttie site is des�gnated as P1�'OI�3aC �
Fieicl investigation began by observing the vegetation and drainage �erns. T'h,e preliminary
wedaad edg�.s were determined ba�ed on vcgetatiob The soils were iested b,y digging holes to a
depth of at least 24" using a aamow bladad shovel at uplaad and wetland. l�ons. A soil probe
with a 314" opening was used to verify soil conditions around the wetland pe�rimeter. Soil colors
were determined by matohing them tv a Mwisell Soil Color Chart The edge of the wetland is
usuallY deternllneal to be ne�r the point where subsurface water is within 12" �of the ground
ele�vation and where wetland vegetation and hydric soils aze eacounter+ed. Soil samples were
observed at points well inside the wetland, ax the wetland edge, and iirto the upiand zone. Water
was encountexed in the so� pits 8 inches from the surface near the wetland edge. The soil
exhibited severdl hydric chatacteristics: low chroma, mottles, and organics. In addition, the
�
�"�
�,
AUG-01-1996 08:50 ULTEIG ENGINEERS INC 612 571 1168 P.02
trees in the wetland area were muiti-trutilced and several were dead or dying. The test holes were
� refilled
Wire stakes numbered l through 24 were placed at the delineated wedand edge. The flags were
placed at the determined edge using a11 three criteria.; hydrophytic vegeta#ion, hydric soils, and
hydrology. Physical characteristics such as change in grade and de�sits of debris were also
used to determin� the wetland edge. Data. Fomis - Rautine Onsite Detern�ination Method wene
eompleted for conditions at the wetland
The wetland on the site is separated by a berm near flag # 6. $asin # 1 is the southernmost
portion of thc wetland and Basin #2 is the northern portion.
Basin # 1 is marked with flags #1 through #6 along the south and east The dominaat vegetataon
in the wetland is reed canary grass (FAC'VfT+), �ge(OBL) and cattails (OBL). The edge of the u�✓
wetland is itt a woaded area with vegeta.tion such as gr+een ash (FACVV), wiUows (FACV�, aspen � �!,
(FAC) and buckthorn {FAC-) in 2tddition to the reed canary. Smooth brome {UPL) and mowed�( ✓
Kentucky bluegrass (FAC ) are the dominazit upland vegetation. There is a culvert at flag #I l�
tha.t carries water from Basin #1 under the apa.mnent compiex driveway and to a ditch to the �
west alang 83rd Avenue. This basin appears to be a con��ucted water qua(ity pond far the
agartment complex. Th� water in the basin was more than one foot deep and was coveraed with
algae.
n Basin # 2 is marked with flags #7 tlaough #24 along the east and north. It has standing water
that is approximately 1 foot deep with no surface veget�iion. The dominant vegetation in the C
wetland is reed cana�3' grass, sedge and. silky dogwood (FACW+)_ The trees seen in i�e wooded �
area are the sa,me as Basin #1. Smooth brame and goldenrod��FACiJ) ar+e the domin�t upland �
vegeta.tion. Thete is a small island with samilar vegetation in the center of the basin. A culvert� �
across the wetland fram flag #17 appeats to cazry waxer into 13asin #2 from the �
complex properiy, Imtnediately to the north of this wetland is a fenced area which oo�
storm water pond for the adjacent Walmart property,
Areas of reed canary grass and red-osier (FACVV) were notiaed in uplaud zones on the eastcrn
portion of the site where soils did not h"sve trydria characteristics and hydrology was not evideirt.
In these areas smooth brome was tlLe domin.ant vege�rion. No additional wetlands were found
on tt�e site. Copies of the SCS map and the NWI map showing the site are axta,ched. •-
Please cornact Patricia Arlig or Sue McDermott at {924-2354) with axiy questions regarding this
iufo�mation.
- • • 9aoir �t
�'1
r-� 1997 MEETING DATES
PLANNING CONIlVIISSION - 7:30 P.M.
��
Wednesday:
* January 8�'
* January 22'�
* February 5`�
* February 19�'
• Ma.rch 5�'
• March 19�`
• Apri12�
• Apri116�'
� �y ��
• May 21�
• June 4�`
�1 .
June 18�`
7uly 2�
July 16�`
August 6`�
August 20�`
September 3'�
September 17`�
October 1�`
October 15�`
*
�
*
*
November 5�`
November 19`�
December 3�
December 1'7�`