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05/01/2006, 15:37 LAW OFFICE 2140 4TH AUE 4 6519822499 Mr. Gordon Heitke May 1. 2006 Page 2 N0.607 1303 One or more of the residents also appeared at the planning and zoning public hearing to express concerns about the conditional use permit. The neighborhood concerns are related to: (1) the removal of trees in the northwest corner of the lot as part of wetland mitigation; (2) the location of a screening berm; (3) the location of the storm water pond; and (4) inadequate screening of the property from the adjacent residential district. I understand that a storm water pond had to be constructed on the property. For that reason, the northwest corner of the property which was apparently tree covered, needed to be used as a wetland mitigation area. The applicant apparently clear -cut and removed trees from this area. Staff indicates that no tree preservation plan was required or submitted and that the grading of the property is consistent with the grading plan and the Watershed District approvals. There is nothing in the conditional use permit which requires the applicant to maintain the trees. With respect to the berm and screening, it appears the applicant submitted a landscaping plan prior to the public hearing before the Planning and Zoning Board. A revised landscaping plan was submitted prior to the hearing before the City Council. The berm or screening requirements of the site are conditions applicable to all properties in the L -I district and are not limited to conditional uses. A "buffer" is a general requirement of the L -I district where a lot line coincides with an adjacent residential district. In that instance "... a landscape buffer area shall be provided along such side or rear lot line not less than forty (40) feet in depth and shall contain landscaping, planting, berming or other effective screening suitable to provide an effective screen." Zoning Ordinance, Section 8, Subd. 1F. The general provisions of the zoning ordinance also contain screening requirements in those Instance where industrial uses abut property zoned for residential use. Zoning Ordinance No. 8, Section 3, . ubd, 4Q. The screening shalt consist of a fence or a green -belt planting strip shall consist of vegetation or may be in combination with a berm with a minimum height of six feet and shall provide 80% opacity. In this case, the applicant has apparently decided to go forward with a green -belt planting strip rather than a fence. The buffer zone has a berm in some areas and the landscape plan provides for 80% opacity, at least on paper, and apparently is consistent with the ordinance. If, upon completion of landscaping, the buffer is deemed inadequate, the City can require improvements prior to the issuance of a certificate of occupancy in order to achieve 80% opacity.