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HomeMy WebLinkAboutPL PACKET 09212004 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102911 BOX: 27 Folder: PL PACKETS 2000-2004 Document: PL PACKET 09212004 Planning Commission Meeting Minutes July 20, 2004 Page 1 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 July 20, 2004 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 Chair Stromgren called the meeting to order at 7:00 p.m. 11 12 II. PLEDGE OF ALLEGIANCE. 13 Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance. 14 15 III. ROLL CALL. 16 Commissioners present: Chair Stromgren; Vice Chair Hanson; Commissioners Gray, Hoska, 17 Jenson, and Young. -18 19 Absent: Commissioner Tillman 20 21 Also present: Assistant City Manager Susan Hall. 22 23 IV. APPROVAL OF AGENDA 24 25 Motion by Commissioner Hoska, second by Commissioner Jenson to approve the meeting agenda 26 as presented. 27 28 Motion carried unanimously 29 30 V. MEETING MINUTES. 31 5.1 Review and Approval—Planning Commission Minutes of June 15, 2004. 32 33 Motion by Vice Chair Hanson, second by Commissioner Young, to approve the meeting minutes 34 of the Planning Commission of June 15, 2004 as presented.. 35 36 Motion carried unanimously 37 38 VI. COMMUNICATION WITH CITY COUNCIL 39 6.1 Designate a Planning Commission member to the July 27, 2004 City Council Meeting. 40' 41 Chair Stromgren stated that Commissioner Jenson would attend the City Council meeting on July 42 27, 2004. 43 44 VII. PUBLIC HEARING. 45 7.1 Dave Wiggins, 3200 Skycroft Drive, side yard setback variance. 46 Planning Commission Meeting Minutes July 20, 2004 Page 2 1 Chair Stromgren opened the public hearing at 7:04 p.m. 2 3 Ms. Hall stated that Dave and Lisa Wiggins, 3200 Skycroft Drive, are requesting a side yard 4 variance of 12 feet for an addition to their home. She explained that the City Code requires that a 5 side yard adjacent to a street must be at least 45 feet wide noting that the 15 x 25 foot proposed 6 addition would put their home within 33 feet of 32"Avenue. She noted that Mr. Wiggins 7 discussed this request with the Planning Commission when he came forward for the Concept 8 Review 9 10 Dave Wiggins, 3200 Skycroft Drive, thanked the Commission for hearing his petition for a 11 variance. He stated that with two growing children, ages 10 and 7, they need more living and 12 storage space. He stated that it is also his hope to be able to build a home office in the lower level 13 for his work as a high school math teacher. He stated that initially he did consider the space in the 14 back yard area noting that it is not the best location due to the potential impact it could have on 15 the drainage flow. He provided the Commission with an overview of the proposed layout and . 16 drainage flows. He stated that the drainage issue was addressed with grading noting that they did 17 get considerable runoff to the north and south of their home. He explained that if they were to 18 add on to the back it could create problems to the north, which would also impact one of their 19 neighbors. He stated that they currently have a very nice backyard with large basswood tree 20 noting that he does not want to remove the tree. He provided the Commission with an overview 21 of the external appearance of the home stating that the addition would not change the appearance 22 very much and would be consistent with neighboring properties. He stated that all of his 23 neighbors are supportive and in agreement with the proposed addition. 24 25 Chair Stromgren asked for clarification noting that the elevation to the west is higher. Mr. 26 Wiggins stated that the elevation to the west is approximately ten feet higher and reviewed the 27 slope of the property and retaining walls with the Commission. 28 29 Commissioner Young referenced the lower level bedroom shows an egress and asked where the 30 window would be located. Mr. Wiggins reviewed the layout of the addition stating that the small 31 bedroom in the lower level would include an egress window on the.west side of the house, at the 32 rear and would be covered from view by the landscaping. 33 34 Chair Strom- gren closed the public hearing at 7:15 p.m. 35 36 Commissioner Gray stated that he is having some difficulty with the variance request noting that 37 one of the conditions for a.variance states that the property cannot be put to reasonable use . 38 without the variance. He stated that this-has not been shown in this case noting that he does 39 understand why Mr. Wiggins is requesting the variance to add on to the side of the home versus 40 the back. 41 42 Vice Chair Hanson agreed noting that Mr. Wiggins has a beautifully landscaped yard. He agreed 43 that the site lines would work beautifully and asked if they had set precedence with previous 44 requests with respect to determining reasonable criteria for granting the variance. He suggested 45 placing the deck to the north and includes the placement as a stipulation in their approval. 46 Planning Commission Meeting Minutes July 20, 2004 Page 3 1 Commissioner Hoska stated that he did review the property noting that he would not.like to see 2 the basswood tree removed. He acknowledged the concerns expressed by both Vice Chair 3 Hanson and Commissioner Gray with respect to reasonable use. He stated that he reviewed the 4 proposed plans with respect to landscaping and drainage and suggested further grading out to the 5 street. He stated that he does not have a problem granting the variance request as proposed. 6 7 Chair Stromgren stated that he did consider reasonable use of the property noting that other 8 neighbors have put their property to greater use and all are outside of the setback codes, which 9 preceded the ordinance. He stated that all of the properties are grand fathered noting that Mr. 10 Wiggins.property is the only property along the street that did not take advantage of the area, 11 which almost qualifies the property for hardship consideration when comparing it to the other 12 properties in the area. He stated that by not granting the variance request this property would be 13 penalized. 14 15 Vice Chair Hanson asked if the property qualified for impervious surface. Mr. Wiggins stated that 16 with the addition it would be at 21%, which is well under the requirement. 17 18 Vice Chair Hanson asked about his recommended location for the deck. Chair Stromgren agreed 19 that the proposed location for the deck would make sense considering the proposed footprint and 20 reviewed with the Commission. 21 22 Chair Stromgren noted that the drainage is a major issue considering the steep slope. He agreed 23 with Mr. Wiggins that the neighbor to his north would be impacted. 24 25 Motion by Chair Stromgren, seconded by Commissioner Hoska, to recommend granting a 26 variance of 12-feet with the purpose of constructing an addition with the sideyard setback. The 27 condition was not created by the owner and would not affect sight lines of the neighborhood, all 28 drainage issues must be addressed, the condition is unique to the property as all adjacent 29 properties are closer to the street and the variance is consistent with the zoning code. 30 Motion carried unanimously 31 32 Chair Stromgren stated that City Council would consider this request at their July 27, 2004 33 Regular meeting. He suggested that the applicant be present to answer any questions the Council 34 might have. 35 36 7.2 Rod Rabine, 2800 34" Avenue NE, Front Yard Setback Variance. 37 38 Chair Stromgren opened the public hearing at 7:24 p.m. 39 40 Ms. Hall stated that Rod Rabine, 2800 34"Avenue NE, is requesting a front yard variance of 2.5 41 feet in order to add a front entry to his home. She stated that Mr. Rabine is planning to build a 42 handicap accessible front entry with a ramp noting that the variance request is necessary in order 43 to navigate a motorized wheelchair into the front door. She stated that the two adjacent lots are 44 different noting that the average between the two lots is 33 feet, which is what the setback is 45 based on. She reviewed the City Code and the variance request with the Planning Commission. 46 Planning Commission Meeting Minutes July 20, 2004 Page 4 1 Rod Rabine, 2800 34" Avenue NE, provided the Commission with an overview of the proposed 2 layout for the front entry. He explained that they would have a handicap ramp off the driveway to 3 the front and provided the Commission with an overview of the footprint for the porch. He noted 4 that the neighbor to the west has a 35-foot setback and the neighbor to the east has a 30-foot 5 setback, which gives him 33 feet to work with. He stated that he is asking for a 2.5-foot setback, 6 which would make him equal to his neighbor to the east. 7 8 Vice Chair Hanson asked if they would re-sod the front of the house. Mr. Rabine stated that they 9 would have a paved and landscaped appearance along the front area and would also cover the 10 ramp by extending the roof down over the ramp. 11 12 Chair Stromgren asked if City Council had approved the lot coverage. Ms. Hall confin-ned that 13 City Council did approve the lot coverage. 14 15 Chair Stromgren closed the public hearing at 7:28 p.m. 16 17 Vice Chair Hanson stated that he is aware of the Disabilities Act and agreed that they would need 18 this much space to navigate a wheelchair.. He stated that request is reasonable and agrees with 19 granting the front yard setback request for the ramp. 20 21 Commissioner Jenson agreed stating that they have done a good job integrating the ramp with the 22 house. 23 24 Commissioner Young agreed stating that the way the ramp is proposed it does not give the 25 appearance of a solid wall to the outside. 26 27 Motion by Vice Chair Hanson, seconded by Commissioner Jenson, to recommend granting the 28 front yard setback variance request for a 2.5-foot front yard variance for the addition of a 29 handicap ramp for the home. Based on circumstance, it was not caused by the owner and the 30 variance would not alter the central locality and it is in keeping with the spirit and intent of the 31 zoning code. 32 33 Motion carried unanimously 34 35 7.3 Sunset Memorial Park, 2250 St. Anthony Boulevard, monument sign variances: (a) for 36 second sign and (b) for sign height. 37 38 Chair Stromgren opened the public hearing at 7:31 p.m. 39 40 Ms. Hall stated that Sunset Memorial Park is requesting two sign variances for a ground or 41 monument sign that is proposed for the intersection of St. Anthony Boulevard and New Brighton 42 Boulevard. She noted that the two variances are for a second monument sign and for a height 43 variance of six feet for a proposed height of 14-feet. She stated that the City's zoning map for the 44 property shows it as R-1 Single Family noting that according to the city code cemeteries fall 45 under the Recreational Open Space(ROS) and for all intensive purposes, the City would consider 46 this request under the ROS District. She stated that the cemetery is considered a legal Planning Commission Meeting Minutes July 20, 2004 Page 5 1. nonconforming use in the ROS. She stated that one monument sign was recently installed on the 2 property at the Park entrance, on St. Anthony Boulevard noting that the area around the sign has 3 not yet been landscaped as required for all ground signs. She reviewed the measurements of the 4 proposed monument sign with the Commission noting that it is over the maximum height allowed 5 in the ROS District, which is 8-feet, thus the variance request for 6-feet. She stated that the 6 drawing indicates landscaping noting that given the sign, the pedestal and the size, they believe it 7 is somewhat limited in landscaping and reviewed with the Commission. 8 9 Scott Ruzin, Account Executive, Lawrence.Sign, stated that they currently have one small 10 monument sign located at the front entrance of the park noting that the property is quite large. He 11 explained that they currently do not have any signage along New Brighton.Boulevard, which 12 means that there is no visibility along that area, which could cause the loss of clients due to the 13 lack of visibility. 14 15 Chair Stromgren referenced the current monument sign and asked for clarification of the size. 16 Mr. Ruzin stated that the current sign is 32-feet and is double-sided. He provided the - 17 Commission with an overview of the current sign and proposed sign. He stated that the sign 18 would be located behind a fence with a 39-foot setback from New Brighton Boulevard and a 40- 19 foot setback from St. Anthony Boulevard. He explained that he worked closely with Public 20 Works Director Hartman to determine the layout and location of the sign. 21 22 Chair Stromgren asked if the fence is on property line at this location. Mr. Ruzin confirmed that 23 the fence is located on the property line and reviewed with the Commission. 24 25 Chair Stromgren asked for clarification of the five-foot setback from the fence. Mr. Ruzin 26 explained that the five-foot setback request was driven by a request from Public Works Director 27 Hartman. 28 29 Chair Stromgren asked if there would be a berm around all three sides of the monument. Mr. 30 Ruzin confirmed and reviewed with the Commission. 31 32 Commissioner Young asked if the sign would be illuminated at night. Mr. Ruzin stated that the 33 sign would not be illuminated. 34 35 Commissioner Jenson stated the Commission has reviewed a couple of other sign requests, one 36 for the City and the other for Tires Plus. He stated that this sign request is higher and taller than 37 the other requests, which makes it inconsistent with the other businesses in the area. Mr. Ruzin 38 explained that the Park has a unique situation with the berms located on each side of the sign. He 39 further explained that they need the height in order to make the sign visible from a traffic 40 perspective. 41 42 Greg Hilgendorf, Sunset Memorial Park, further clarified their need for the sign and the hardships 43 for the Commission. 44 45 Mr. Ruzin also noted that the cemetery is considered a historical landmark in St. Anthony and 46 also provides essential services to the community with respect to funeral services and internment. Planning Commission Meeting Minutes July 20, 2004 Page 6 1 He stated that given the expanse of the property at 136 acres, they have a tremendous amount of 2 exposure. He reviewed the main entrance currently off St. Anthony Boulevard noting that by 3 locating the sign along New Brighton Boulevard would provide them with a higher level of 4 exposure because of the increased traffic. He explained that the hardship comes to the families 5 who are attending the funeral and memorial services and have difficulty finding the entrance. He 6 further explained that the cemetery office receives daily contacts for directions to the cemetery, 7' which initiated their request for the additional sign. 8 9 Florence Iverson, 2812 Highway 88/New Brighton Boulevard, expressed concerns noting that the 10 sign would be very visible from her front window. She stated that the current gate is a disgrace 11 noting that the cemetery itself is quite lovely. She asked how the sign would direct people to the 12 front gate noting that the current sign is not maintained on a regular basis. She stated that paper is 13 piled up against the gate and is very visible. She stated that the cemetery is beautifully 14 maintained adding that she can see the beautiful cross, the mausoleum and the center landscaping. 15 She stated that anyone attending a funeral knows how to find the main gate and suggested 16 including directions to the cemetery in the obituary announcement. She stated that she is very 17 against the sign and the visibility. 18 19 Mr. Hilgendorf stated that years ago there was an entrance to the cemetery at the New Brighton 20 Boulevard/St.Anthony Boulevard intersection. He explained that due to traffic issues they were 21 required to close the gates at this location and reroute the entrance to the cemetery to its' current 22 location. He further explained that the signage is intended to direct those who are using.their 23 services to the front gate. He stated that the monument would serve to announce the property and 24 direct people to the entrance of the cemetery. 25 26 Chair Stromgren asked if they investigated the use of the southeast corner or the south side of St. 27 Anthony Boulevard where it would be further away from residents' view. Mr. Hilgendorf stated 28 that they have not researched that area and agreed that it could be an option and compromise as 29 the sign would still be visible from both directions. 30 31 Commissioner Jenson stated that their business is located along Highway 88, on both sides of St. 32 Anthony Boulevard, adjacent to Hillside. He noted that Hillside's sign is south of Highway 88 33 yet there is no sign along that area that would help to differentiate Hillside from Sunset Memorial. 34 He agreed that their business does have a need to identify along that thoroughfare. He asked if 35 they considered other locations or if this was the only location they considered. Mr. Hilgendorf 36 explained that if they had the sign located at the other end of property, people would not see the 37 sign until they were past the St. Anthony Boulevard turn. He stated that the sign could be located 38 at either corner as proposed or at the alternate suggestion to the south. 39 40 Chair Stromgren closed_ the public hearing at 7:50 p.m. 41 42 Vice Chair Hanson noted Chair Stromgren suggested compromise to locate the sign further from 43 the residential area and bring it closer to the commercial area and asked if the sign could be set 44 outside the fence. He suggested reviewing the height criteria adding that he would like the 45. applicant to come back some suggestions for that location for further review by the Planning 46 Commission. Planning Commission Meeting Minutes July 20, 2004 Page 7 1 2 Chair Stromgren stated that he understands their desire for a sign along this frontage area and 3 acknowledged their concerns regarding visibility and the ability to find the cemetery. He stated 4 that there is a precedent noting other properties with more than one entrance can have more than 5 one sign for directional and identification purposes. He referenced the size of the sign stating that 6 it does not quality as a ground sign because the base is the same width as the sign itself and 7 reviewed with the Commission. He stated that the height of the sign troubles him noting that 14- 8 feet is very tall and is close to billboard size. He stated that the fact that the sign would not be 9 illuminated does help and acknowledged the unique condition that they have two cemeteries that 10 do abut each other. 11 12 Vice Chair Hanson stated that there is a precedence noting that they did allow two signs for vet 13 clinics in the area. He stated that he is o.k. with allowing the sign on a less massive scale and 14 asked that they give the southeast location consideration. 15 16 Chair Stromgren stated that it would have been good had they done a concept review prior to the 17 Public Hearing noting that there are a number of issues unique to the sign and area that should be 18 considered. He suggested that the applicant review other locations, review the size of the sign 19 and determine the minimum text needed to make the sign work directionally. 20 21 Motion by Chair Stromgren, seconded by Commissioner Gray, to deny the variance request for a 22 second monument sign and sign height, based on the fact that the variance request is not 23 consistent with code and the sign being detrimental to the surrounding properties as presented in 24 this application. 25 Motion carried unanimously 26 27 Chair Stromgren stated that this request would go before City Council for consideration at their . 28 July 27 regular meeting. He suggested that the applicant be present to answer any questions the 29 Council might have regarding this request. He also suggested that the applicant come back to the 30 Planning Commission for a second review and that they provide the Commission with a better 31 site plan and layout of the area. 32 33 7.4 City of St. Anthony, 3301 Silver Lake Road Electronic Monument Sign Requests: (a) For a 34 Conditional Use Permit: (b) Variance for Sign Height; (c) variance for copy surface area 35 36 Chair Stromgren opened the public hearing at 7:59 p.m. 37 38 Ms. Hall stated that this public hearing is for the actions associated to implement the City's 39 electronic monument sign. She stated that the request includes two sign variances and a 40 conditional use permit. She stated that the sign is proposed to be located on the hill in front of the 41 tennis courts, nearby the intersection of 33rd Avenue and Silver Lake Road. She stated that the 42 sign would be two-sided, in a closed off`V' configuration and reviewed with the Commission. 43 She stated that City Staff has been working with LeRoy Sign Company on the sign specifications 44 noting that two variances would be necessary to implement the signage, one for the copy surface 45 area and one for a height variance of two feet. She reviewed the specifications noting that one of 46 the reasons the sign got larger was because it had to incorporate the City logo. She explained that Planning Commission Meeting Minutes July 20, 2004 Page 8 1 the City logo is difficult to reduce to make the sign copy surface area smaller and cannot be sized 2 any smaller than shown on the drawings to work. She stated that the City logo is required,per 3 City Council goals and objectives, for uniform communications. She stated that the sign should 4 be large enough, for visibility purposes, so that it can be safely seen from the roadway. She noted 5 that they were also limited to where the sign could be placed, given obstruction and visibility 6 issues along Silver Lake Road. She stated that Staff has drafted a sign policy to regulate the 7 content and reviewed with the Commission. 8 9 Commissioner Jenson asked for further clarification of the size of the sign. Ms. Hall reviewed the 10 dimensions of the sign with the Commission. 11 12 Chair Stromgren clarified that changeability of messages means that no more than one message 13 can be displayed on the sign at a time. Ms. Hall confirmed and reviewed stating that they want to 14 be able to view at least one message at a time and that it would be static for a certain period of 15 time,to be designated.. 16 17 , Chris Clark, Leroy Signs provided the Commission with a picture and overview of the proposed 18 signage. 19 20 Jim McNulty, resident, stated that he has been living in this area for over 40 years noting that 21 since the time he moved to the area they have added the elementary school, City Hall and the 22 tennis courts. He stated that they have had to tolerate the spotlights in their bedroom and now 23 they have a 10-foot, two-sided sign that they have to deal with. He stated that they have had this 24 discussion before noting that for the last two years the City has been using smaller rental signs for 25 their messages and is working fine, with no intrusions or issues of safety. He acknowledged Ms. 26 Hall's concerns for safety and reviewed the proposed location of the sign with the Commission. 27 He stated that the City would have to work a lot harder than this to gain safety at this corner 28 noting that people run the stop sign constantly. He asked the Planning Commission and City not 29 to give people more to read as they already have trouble paying attention to the driving at hand. 30 He clarified that he is not against the sign,just the proposed location. He stated that the proposed 31 location is very dangerous and suggested placing the sign in front of City Hall. 32 33 Chair Stromgren closed the public hearing at 8:12 p.m. 34 35 Commissioner Jenson noted previous discussions regarding the location stating that it was in an 36 area that was less compacted with trees and shrubs. He stated that he did drive past the area 37 noting that it would be easier to see without being impacted by the trees and shrubbery. He stated 38 that he also spoke with several residents noting that they are also in agreement with the location 39 as it is more user friendly when driving by. 40 41 Chair Stromgren clarified that the policy prohibits flashing messages noting that they are talking 42 about a 2-5 minute delay between each message. Ms. Hall confirmed and reviewed with the 43 Commission. 44 Planning Commission Meeting Minutes July 20, 2004 Page 9 1 Commissioner Gray agreed that the proposed location would provide better visibility. He stated 2 that he cannot see where there would be a safety concern at this intersection and reviewed with 3 the Commission. 4 5 Chair Stromgren noted that he did changed his position after seeing the advantage to pulling the 6 sign back from the street. 7 8 Vice Chair Hanson stated that it would be safer if people were stopped at the intersection while 9 reading the messages displayed on the sign. He reviewed the proposed location with the 10 Commission noting that they have chosen the best spot. He stated that the purpose of the sign is 11 to let the public know what is going on, not that they are in St. Anthony Village. He suggested 12 placing an emblem at the bottom of the sign for the City logo and keeps the text message to the 13 top of the sign. 14 15 Chris Clark agreed noting that Vice Chair Hanson's suggestion for placement of the emblem is a 16 very viable alternative. He stated that they could downscale the sign and still be well within the 17 parameters. He noted that there are several ways to work the design noting that they want to keep 18 the sign proportionally correct and readable. 19 20 Commissioner Gray asked Mr. Clark if he is aware of any studies that were done for the signs at 21 busy intersections. Mr. Clark agreed that safety is a key issue noting that he has never heard of 22 anyone dying from reading a sign. He stated that several other Cities have the same type of 23 signage and have not had any issues. He stated that the sign could present potential safety issues 24 adding that he does not see it happening. 25 26 Commissioner Hoska stated that he did consider the safety issues noting that if people blow a 27 traffic sign that this is a police issue. He agreed that people are getting more blatant about 28 running red lights adding that this is a matter for the police. He stated that he does not see the 29 location as a problem adding that he initially thought that the hill location by the park would be 30 the best location. He noted that after reviewing the input received he agrees with the current 31 proposed location. 32 33 Mr. Clark provided the Commission with examples of various signs for their review and 34 consideration. He stated that his main concern was doing a lot of copy/characters and be able to 35 make it more readable from the street. He confirmed that it would provide more text space with a 36 smaller logo noting that he would go back to drawing board. He assured the Commission that he 37 would remain within the requirements of the ordinance. 38 39 Motion by Commissioner Gray, seconded by Commissioner Jenson, to recommend that the 40 electronic sign variance requests be approved as proposed. 41 Motion carried unanimously 42 43 Commissioner Young asked how they go about determining if five minutes per message is the 44 appropriate length. Chair Stromgren asked how long the red light is for each way. Ms. Hall 45 reviewed the conditions identified with respect to message changes noting that they could clarify Planning Commission Meeting Minutes July 20, 2004 Page 10 1 in the policy no flashing messages. She stated that she would have to investigate further on what 2 criteria they used to determine the timeframe between each message. 3 4 Vice Chair Hanson suggested modifying Item 3 to leave the message time open depending upon 5 what is needed. 6 7 Motion by Chair Stromgren, seconded by Vice Chair Hanson, to recommend approval of the 8 conditional use permit for the electronic message sign. Conditions on the use permit are 9 consistent as recommended by Staff. Items 1 through 6 covers sign aesthetics, eliminate the 10 comment of the `5-minute' term for the message length and the Conditional Use Permit requires 11 the adoption of the proposed policy for Community Bulletin Signage. 12 13 Motion carried unanimously 14 15 VIII. CONCEPT REVIEW 16 8.1 Three Rivers Park District for Silverwood. County Road E and Silver Lake Road review 17 proposed sig_nage plan. 18 19 Tom McDowell, Program Director for the Park District stated that they recently acquired the 20 Silver Lake Camp/Salvation Army property a couple years ago. He explained that they have been 21 in the process of planning noting that the Salvation Army plans to vacate the premise in the 22 September timeframe. He stated that.they would like to begin limited park operations at that time 23 to let the public know what is taking place. He stated that they would also like to invite the public 24 on to the site in an effort to educate them about the amenities of the area. He stated that they 25 would also like to place signs that are consistent with the Parks and Recreation features and 26 reviewed the proposed signage plan with the Commission. He stated that the Park entrance sign 27 would be temporary until a permanent entrance to the park is identified. He stated that they are 28 proposing that the permanent entrance be located at County Road E and reviewed with the 29 Commission. He explained that their position is to work with the County for the construction and 30 placement of the directional signs and reviewed with the Commission. 31 32 Vice Chair Hanson asked if directional signs are even an issue, as it appears both signs are located 33 in New Brighton. 34 35 Ms. Hall stated that Ramsey County would be responsible and reviewed the process with the 36 Commission. Mr. McDowell clarified that the signs are located on the New Brighton side adding 37 that County Park signs are usually placed across from the park and placement is worked through 38 the County. 39 40 Chair Stromgren noted the size is well under the ROS requirements of the sign code. 41 42 Mr. McDowell stated that over the next two years they intend to continue using the existing 43 entrance. He stated that the likely location for the permanent entrance/exit would be what is 44 currently the maintenance entrance and reviewed with the Commission. 45 Planning Commission Meeting Minutes July 20, 2004 Page 11 1 Ms. Hall indicated that the City would like to do a monument sign as a joint effort and reviewed 2 with the Commission. Mr. McDowell confirmed that this had been communicated to them by 3 City Staff adding that this would be taken to their board for further consideration. 4 5 Chair Stromgren stated that the signs do not need Planning and Council action, so the Park can go 6 forward with the permit request at this time. 7 8 IX. PUBLIC INPUT 9 NONE 10 11 X. INFORMATION AND DISCUSSION. 12 13 Ms. Hall referenced the Amcon development noting that Spectators is no longer coming into St. 14 Anthony. She stated that currently the Developer is working with three or four interested 15 restaurants adding that she would keep the Planning Commission updated on their decision. She 16 stated that the Silver Lake Village development is under way and that permits have been pulled. 17 She stated that the three main coffee houses are in the bid process in addition to other restaurants. 18 She stated that Wendy's would replace the Taco Bell this month. She stated that the street 19 construction would begin noting that the first phase of the street construction would be done in 20 September with the second phase starting in the Spring 2005. She noted that Wal-Mart has also 21 pulled their building permit and reviewed with the Commission. 22 23 Vice Chair Hanson asked if there was any news on Lang Nelson. Ms. Hall stated that there has 24 been no movement with them and their intention is not known at this time. 25 26 Vice Chair Hanson asked if there would be a stop light on Main Street with Apache 27 redevelopment. Ms. Hall confirmed and reviewed with the Commission. 28 29 XI. ANNOUNCEMENTS 30 NONE 31 32 XII. ADJOURNMENT , 33 34 Motion by Vice Chair Hanson, second by Commissioner Hoska, to adjourn the meeting at 8:50 35 p.m. 36 37 Motion carried unanimously. 38 39 Respectfully submitted, 40 41 42 Bonnie Sullivan 43 Timesaver Off Site Secretarial, Inc. ADDRESSING THE PLANNING COMMISSION Public Hearings. In keeping with Roberts Rules of Order, the following procedures apply to Public Hearings: • Mayor/Chair asks for staff report on item and opens item for discussion. • Citizens wishing to speak, should raise their hands and approach the podium when recognized by the Mayor/Chair, then clearly state full name and address for the record. Spokespersons are given more time for presentations, and groups are encouraged to use them. • Everyone who wishes, will have a chance to address the Council/Commission. Citizens must address all questions and comments to the Mayor, who will then determine who will answer them. Questions will be answered when all persons have had a chance to speak. Only one person may speak at a time. Citizens are urged to be polite and quiet as comments are made to the Council/Commission. Applauding or other displays of approval or disapproval are inappropriate during City Council/Planning Commission proceedings. • No one will be given an opportunity to speak a second time until everyone has had an opportunity to speak initially. Please limit second presentation to new information and not rebuttals. • When public comments are completed, the Council/Planning Commission closes the public hearing and starts its own discussion. The audience is welcome to listen quietly to the discussion but is requested not to make comments. MEMORANDUM DATE: 09/15/04 MEETING DATE: 09/21/04 TO: Chair Stromgren & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Floodplain Ordinance Requested Action: September 21 is the public hearing on the flood plain ordinance. Todd Hubmer, City Engineer, will be in attendance to answer questions about the ordinance. The Planning Commission recommendations will the forwarded to the City'Council for their review on September 28. Background: According to Todd Hubmer, the City of St. Anthony is proposing adoption of a floodplain ordinance (see attached) in conformance with the recent revision to the Hennepin County Floodplain Mapping by FEMA. This ordinance is necessary for the City to adopt to remain enrolled within the National Flood Insurance Program. This ordinance covers land use changes and development within designated floodplain areas. For your information, the attached ordinance will be revised for inclusion into Chapter 16, the City's Zoning Code. Attachments: Floodplain Ordinance FLOODPLAIN ORDINANCE WHEREAS the City of St. Anthony wishes to establish eligibility in the National Flood Insurance Program and in order to do so must meet the requirements of 44 CFR Part 60.3(a) WHEREAS the City of St. Anthony wishes to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. WHEREAS the legislature of the State of Minnesota has in Minnesota Statutes Chapter 103F and Minnesota Statutes Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. THEREFORE, the City Council of St. Anthony, Minnesota, in order to determine which developments would increase the flood hazard or be damaged by flooding, does ordain the following measures within the jurisdictional limits of this community. Section 1: Permit Requirements A. No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a separate permit for each building or structure from the designated responsible person. B. No man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, fences, mining, dredging,filling, grading, paving,excavation or drilling operations, shall be commenced until a separate permit has been obtained from the designated responsible person for each change. C. No manufactured home shall be placed on improved or unimproved real estate without first obtaining a separate permit for each mobile home from the designated responsible person. Section 2: Permit Application To obtain a permit, the applicant shall first file a permit application on a form furnished for that purpose. The form must be completed and submitted to.the designated responsible person before the issuance of a permit will be considered. Page 1 of 5 CADocuments and Settings\shenry\L.ocal Settings\Ternporary Internet Files\OL.K6\425 Floc Section 3: Duties of the Director of Public Works A. The Director of Public Works, hereinafter referred to as the responsible person, is appointed as the "person" responsible for receiving applications and examining the plans and specifications for the proposed construction or development. B. After reviewing the application, the responsible person may require any additional measures which are necessary to meet the minimum requirements of this ordinance. C. The responsible person shall review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Section 4: Review of Permit Application The responsible person shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) shall be: A. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, B. Constructed with materials and utility equipment resistant to flood damage, C. Constructed by methods and practices that minimize flood damage, and D. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Section 5: Review of Subdivision Proposals The responsible person shall review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal shall be reviewed to assure that: A. All such proposals are consistent with the need to minimize flood damage within the flood prone area, B. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and 2 C. Adequate drainage is provided to reduce exposure of flood hazard. Section 6: Water Supply System The responsible person shall require within flood prone areas, new and replacement water supply systems to be designed to minimize or eliminate infiltration of floodwaters into the systems. Section 7: Sanitary Sewage and Waste Disposal Systems The responsible person shall require within flood prone areas: A. New and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and B. On-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. Section 8: Definitions "Development" Any man-made change to real estate,including but not limited to construction or reconstruction of buildings,installing manufactured homes or travel trailers, installing utilities, construction of roads or bridges,erection of levees, walls, or fences, drilling,mining,filling, dredging, and storage of materials. "Flood" A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves,or the unusual and rapid accumulation or runoff of surface waters from any source. "Floodplain" or"Flood Prone Area"Any land area susceptible to being inundated by water from any source(see Flood). "Floodproofm' g" Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Manufactured dome" A structure, transportable in-one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. "New Construction"means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. 3 "Person" includes any individuals,corporation,partnership, association, or any other entity, including State and local governments and agencies "Special Flood Hazard Area"is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, Al-30, AE,A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or VI-30, VE, or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard". "Structure" For floodplain management purposes, a walled and roofed building,including gas or liquid storage tanks, that is principally above ground. The term includes recreational vehicles and travel trailers on site for more than 180 days. "Substantial Improvement" Any repair,reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started,or(b)if the structure has been damaged, and is being restored,before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling,floor,or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure regardless of the actual work performed. The term does not,however,include either(1)any project for improvement of a structure to comply with existing state or local health, sanitary,or safety code specifications which are solely necessary to assure.safe living conditions or(2) any alteration of a"historic structure", provided that the alteration will not preclude the structure's continued designation as a historic structure. Section 9: Penalty Any person who violates this ordinance shall upon conviction thereof be fined not less than twenty-five dollars ($25.00) nor more than two-hundred dollars ($200.00). A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 10: Abrogation and Greater Restriction A. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restriction. B. Where this Ordinance and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 11: Separability The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder. 4 Section 12: Effective Date This Ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law. PASSED by the City Council of the City of St. Anthony Village, Minnesota, this day of 2004. Adopted this day of ,2004. Mayor ATTEST: City Clerk Reviewed for administration: City Manager 5 MEMORANDUM DATE: 09/15/04 . MEETING DATE: 09/21/04 TO: Chair Stromgren & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Apple Products, LLC, Subdivision/Plat Approval Request Requested Action: On September 21, the Planning Commission will hold a concept review on a subdivision request for Roger Stoick of Apple Products, LLC, concerning 2930 Anthony Lane North. At the meeting,Commissioners will review the request and have an opportunity to speak with the applicant. The public hearing on the preliminary plat will be held on October 19. The Planning Commission's recommendation will be forwarded to the City Council for their October 26 meeting. Background: The applicant, Roger Stoick of Apple Products, LLC, is requesting a minor subdivision request and approval of a preliminary plat (please find the survey attached). In essence, the request is to separate Parcel B from Parcel A, per a purchase agreement arrangement when Mr. Stoick sold 2730 Anthony Lane North in March 2004. The request conveys Parcel B to Mr. Stoick, officially. Mr. Stoick is acting on behalf of the property owner. The first step in the process for a subdivision request is to have the preliminary plat reviewed by the Planning Commission, which is the concept review. Secondly, copies of the preliminary plat are forwarded to the City Engineer and City Attorney's Office for review and comment. In addition, the Planning Commission must conduct a public hearing on the preliminary plat. Next, the City Council will consider the preliminary plat. Once the preliminary plat is approved, the final plat may be submitted. The final plat then goes to the City Council for approval. Attachments: • Application for Subdivision/Plat Approval • Survey Date: Fee: $150.00 CITY OF ST. ANTHONY APPLICATION FOR SUBDIVISION/PLAT APPROVAL Applicant: Roger A. Stoick, Apple Products, LLC Phone: (612) 638-1330 Address: 2930 Anthony Lane North, St. Anthony, MN 55418 Status of Applicant (Owner, Buyer, Renter, Agent, etc.): Current Tenant and Prior ee MMer Present Legal Description of Property to be Affected: SEE ATTACHED Proposed Legal Description of Property to be Affected: SEE ATTACHED Street Address: 2917 Anthony Lane South, St. Anthony, MN Zoning District in Which Property is Located:_ LI (Light Industrial) Specify Any Necessary Easements: None Area of the Plat/Subdivision: SEE ATTACHED Number of Parcels. Two (2) Attach a copy of the proposed plat showin-g the proposed name of the plat, the location within the City, the names of the present owners, the scale, the date of preparation, the northpoint, surrounding property, all public utilities and easements and other such necessary information or documentation as is requested by the .City Manager or the subdivision/platting ordinance. 08 -19-04 * 150 o00CK1 Date: August 19, 2004 Fee: $150.00 CITY OF ST. ANTHONY APPLICATION FOR SUBDIVISION/PLAT APPROVAL APPLICANT: Roger A. Stoick Apple Products, LLC, a Minnesota Limited Liability Company PHONE: (612) 638-1330 APPLICANT ADDRESS: 2930 Anthony Lane North, St. Anthony, MN 55418 STATUS OF APPLICANT:Current Tenant and Prior Fee Owner PRESENT LEGAL DESCRIPTION OF PROPERTY TO BE AFFECTED: Lot 3, except that part thereof lying Southwesterly of a line drawn from a point in the Northwesterly line of said Lot 3, distant 126.32 feet Northeasterly from the most Westerly comer of said Lot 3 to the Northeasterly corner of Lot 2, Block 2, St. Anthony Industrial Park, Hennepin County,Minnesota. AND That part of vacated Anthony Lane North as described in Document Number 3380852 accruing to above described property. PID No. 06-029-23-44-0040 PROPOSED LEGAL DESCRIPTION OF PROPERTY TO BE AFFECTED: PARCEL A: Lot 3, except that part thereof lying Southwesterly of a line drawn from a point in the Northwesterly line of said Lot 3, distant 126.32 feet Northeasterly from the most Westerly comer of said Lot 3 to the Northeasterly corner of Lot 2, Block 2, St. Anthony Industrial Park, Hennepin County, Minnesota. AND That part of vacated Anthony Lane North (Document Number 3380852) described as follows: Commencing at the Northeast corner of Lot 3, Block 2, St. Anthony Industrial Park, Hennepin County, Minnesota; thence North 90 degrees 00 minutes 00 seconds West assumed bearing along the North line of said Lot 3,.a distance of 47.00 feet; thence Westerly and Southwesterly a distance of 48.47 feet, along the Northwesterly line of said Lot 3 along a tangential curve concave to the southeast having a radius of 55.24 feet and a central angle of 50 degrees 16 minutes 25 seconds; thence.South 39 degrees 43 minutes 10 seconds West, along the Northwesterly line of said Lot 3, a distance of 14:80 feet to the point of beginning; thence North 50 degrees 16 minutes 50 seconds West, a distance of 30.00 feet to the centerline of Anthony Lane; thence South 39 degrees 43 minutes 10 seconds West along said centerline, a distance of 71.74 feet; thence South 50 degrees 16 minutes 50 seconds East, a distance of 30.00 feet tot the Northwesterly line of said Lot 3,; thence North 39 degrees 43 minutes 10 Seconds East along Northwesterly line of said Lot 3, a distance of 71.74 feet to the point of beginning. 1 PARCEL B: That part of vacated Anthony Lane North (Document Number 3380852), described as follo9ws: Beginning at the Northeast corner of Lot 3, Block 2, St. Anthony Industrial Park, Hennepin County, Minnesota; thence North 90 degrees 00 minutes 00 seconds West assumed bearing along the North line of said Lot 3, a distance of 47.00 feet; thence Westerly and Southwesterly a distance of 48.47 feet, along the'Northwesterly line of said Lot 3 along a tangential curve concave to the Southeast having a radius of 55.24 feet and a central angle of 50 degrees 16 minutes 25 seconds; thence South 39 degrees 43 minutes 10 seconds West along the Northwesterly line of said Lot 3, a distance of 14.80 feet; thence North 50 degrees 16 minutes 50 seconds West, a distance of 30.00 feet to the centerline of Anthony Lane; thence North 39 degrees 43 minutes 10 seconds East along said centerline, a distance of 14.80 feet; thence Easterly and Northeasterly along said centerline a distance of 74.79 feet having a radius of 85.24 feet and a central angle 50 degrees 16 minutes 50 seconds; thence North 90 degrees 00 minutes 00 seconds East along said centerline a distance of 47.00 feet to the Northerly extension of the Easterly line of said Lot 3; thence South 0 degrees 00 minutes 00 seconds East along the easterly line of said Lot 3 a distance of 30.00 feet to the point of beginning. PROPERTY ADDRESS: 2917 Anthony Lane South, St. Anthony, MN 55418 ZONING DISTRICT IN WHICH PROPERTY IS LOCATED: LI (Light Industrial) SPECIFY ANY NECESSARY EASEMENTS: None AREA OF THE PLAT/SUBDIVISION: Total site area=44,155 square feet/ 1.014 acres Parcel A=40,451 square feet/0.929 acres Parcel B =3,704 square feet/0.085 acres NUMBER OF PARCELS: 2 ADDITIONAL INFORMATION: Apple Products, LLC ("Apple") previously owned the entire subject property from December, 1994 through March 25, 2004. In the year 2001, Apple applied for and completed a street vacation action for portions of Anthony Lane North, adjacent not only to the subject property, but also adjacent to property immediately to the North of the subject property which is currently owned by PRanthony Properties, LLC located at 2930 Anthony Lane South, St. Anthony, MN 55418. PRanthony Properties, LLC has the same ownership interests as its sister company, Apple Products, LLC. The vacated portion of Anthony Lane North was utilized and maintained by both companies until Apple decided to sell the subject property. Apple's desire was to keep ownership of as much of the vacated street portions as possible to benefit PRanthony's property and to allow any new Buyer access to the subject property. On December 29, 2003, Apple entered into a purchase agreement with The Kunz Oil Company to sell the subject property. At the time of closing, the parties executed an agreement reflecting the desire to reconvey a portion of the subject property to Apple, specifically Parcel B, as 2 described above upon receipt of documentation of the City of St. Anthony granting final approval of the minor subdivision being requested herein. ADDITIONAL REQUEST: At the time of the initial vacation of Anthony Lane North, there was an agreement of record between the City of St. Anthony, Loren E. Swanson and Arlene M. Swanson and C.G. Hill Company dated May 29, 1981, filed August 11, 1981 as Document No. 1435923, attached hereto for your reference and information. This agreement was made in connection with a storm sewer project and the planned cul de sac at the end of Anthony Lane North. Included in this agreement was an agreement between the Swansons and C.G. Hill Company to maintain the boulevard area west of the cul de sac. As the cul de sac and the maintenance area have both been vacated,we additionally request that this agreement be terminated and be of no further force an effect on the affected properties. 3 J ? ,y 1 t J y , r- i L s 1 t t y sl t L t S f c. ' r }r 5': r��-4 ,� �I u I.. wy }t�l S � f � ra 1.� �,�,.� } �1� � - I c 1 rr dctatip r S �ti°4 { i 1 s ti a s ° �a K '+s a 1 E 1.r� 1, F .s t i 1 1}y. ' _ a\f y L yy`r7' 1 . t y �� LS�vv .�` lV� }Y2Y° .rrk.'j x '�� .L"r1f..Gt.. x• � 1 a ) ,. •FrsM.k>' art r;{:7 r§=rs. d I�f.. 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'�a `�1R ,`y'"' Tf F4t i., x7'''ryt f�Z'71 J}n y''L� l` z.t,=r= 1}�� 1'_,. .;-c d'�")`fcl,`-1�".,ii. � .?�?'y a +''� s.Y �r`� ,f , . • f'- ..�- a -a # , r« Y"'?. fro - "r" P. a r . iJ ..` F - .� a 1 5a r R -4�f _.S,V' �� -t i " •Vy}{ y. n? s' _ Y RNs . .-t°�..,-`77 `57T.j' 1 � J�� 11 _F �- 7'If�'11j�."r�SZ [Cllr � ��c�'C`1 rL " £"!. , }ti `r� ti` { ^j 1 c h 1 r +�'t z r + f �r z� r ��x r" ae �: S J s ti � ,ft Wr,; a F l'w F 7: r , byo2} y rf 1. -.V �.x i -Y3 r 4 {"C>f'�o:a1.,c- ' r1... 1 tr f'e '' d.�,�r,rrt !. -w .. I l ) 1 C' 9 h 11t� ., }ISa 'F fT P 1 y •ti\ „� Y i t 4 7 ti k iL F[t� r _ -_ -E .. T r, � -923 • 1 , area at their expense and comply witsi the terms of this Ayc3ement; NOVI. THEREFORE, . •: consideration of the covenants herein, the parties hereto agree as follows: 1. Upon completion of the storm sewer project on :..,thony Lane North the City agrees to: a, locate the cul de sac on Anthony Lane North substantially in accordance with the drawing of same an shown on Exhibit "A" attached hereto; ; b. sod the area east of the cul de sac in Anthony Lane North as shown on Exhibit "A" attached hereto. 2. Swansea and Hill, for themselves, their heirs and assigns, r b.: ` s and as.covenants running with Parcel 1 and Parcel 2, which ter° 3;�$ _ 1 covenants shall be binding on all partic.- having any right, title r i I AM ISart thereof, their heirs, K+ �= j 3�it" or interest in such property or any p . - successors and assigns: " - ••i .._ a. agree to maintain the newly sodded area of Anthony Lane North so long as the City does not use said area Jx �9 tk fcr street purposes. b. agree that in the event the newly sodded area is 5" not maintained in a manner satisfactory to the City, iy N 1's% x•�1 .0. fw4L n+ , ' the City may, but shall not be obligated to, perform . ARM'R- such maintenance as it reasonably deems necessary and apa-t v V n assess the cost of such maintenance on an equal basis yb: against Parcel 1 and Parcel 2. .i/ F � e t : , , -r C. agree that they will not place any structures or �t tx p{ ,z ,,� � - trees on the portion of Anthony Lane North not being •�*�r�tG used for street purposes. t r moi } 3. The parties agree that the action of the City in locating {� the cul de sac in accordance with the drawings on Exhibit °A° and sodding the area in the existing right-of-way in accordance with ��`�r�`4 - �` Exhibit "A" shall not constitute an abandonment or vacation of '. �jiRt y` 1 �vtttzii+fie �3�1'Fv ; ' any portion of An Lane North. }- t °, xy�,Y��t••na t �'4Jj 1 ���,� r. ii�,}yrCjS�.},lfY��y'F'.�'�yYrtGX' " i y� •fib 1�.. "� .: f 923 4. Swansons and Hill acknowledge that notwithstanding anything contained in this Agreement the City.has the right at any time to reopen the sodded area for use as a street. IN WITNESS WHEREOF, the parties have hereunto set ':'-eir hands this ,7111 day of'June, 1981. CITY OF ST. ANTHONY •fSEAL) • `:.....1v `.` By Its f7) Bg ''n.- ..........1') is it c C. G. HILL COMPANY 1� ;V ��•r1 ' Loren E. Swanson BY Clayton G. ll, Its President Arlene M. wanson BY r' { t -'J1-y,,'•'.`� STATE OF MINNESOTA) COUNTY OF HEtINEPIN) a 59 iF- :1al r The foregoing instrument was acknowledged before me this .�Iyy,, } 3'I•�,��i/_ � day of June,1981 by SIX r tai /y[et.e✓ i.:,: a;;`'' •,•i,�. aY•° .?Sf? 7.. C:[L.' �— - s , ry ' �/lgMrof the City of St. Anthony,Anthon and by�,rsc [lnf2vc �n -`'~;:' ;;;•• :e:': ,. t a municipal corporation, on behalf of the corporation. r..� l -} , State of Minnesota c Y r } WIWAM R SOTH STATE OF MINNESOTA) ss.. ROThCp^YRPU Rt1CUtKNRrvl nlln `'f� r R Yrfanm,: t I�il t 1� COUNTY OF HENNEPIN) � +^ p V' ji The foregoing instrument was acknowledged before we this day of May, 1981 by Clayton G. Hill, President and by '?'a $ of C. G. 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P.CL:tI LNI.P VOL PiCC.ZSY 4 - A 4 F THE REGISTRA& 3 s OFFICE 0 t MES OF 7 HENt GPIN 06UNTY.MIHNE407A CERTIFIED FILED PA �� F f AUG I I ISO i s a d ,f p� NO FEE REQUIRED • r r r FyJSk< t F ^'"t'�; � .�s j�: 'ia r "�+•'. ?'`k' e, •',L`,;.l-, �-->. _. °•.z,�- �x 1�'j��'�vi►r_• ?"'�=i�•"v=r:;S; `>'L: :'4 " w7-' _ •a! s �. _ �SA�` ;� _ v�` 3 '�..•.q..*{`.a,!$}'zT�fa.,'.w..•' TF+;.R'• a. ,r's: '�`• nip!'; Sr-.<.--' .�a.fir.•titt:T:.•$s�" r3+�"" - •oP LOT s ✓. - .r'-•i- ° ,�Y V ,��,,ye a -- `F e=�•" _ p .K ;,.� - S e wse�eyo•. _ .- - +. r:^r p-s z, +}�r.�r:o- ",�°�' a f¢ - ;•.i _�:.-�°`2.- ' .3 x7357 _ EAST. 47m I' ✓rFhl IV EAST. S�.Ai+�N•�' �,sf �c. ms°. �t„� 'ril'` '•'1..:•v� :.31 N07ES CORRESpONDH+CGTI!? AS�IGIEN7S.." r : r� e-M 5 vAUaoN of ANTNan A - w - u v oz 1 25 PEx ooc ua 3uoev I ® Em..1 x aaha0? d vnr awRw°ar mo.p y.tn .m a.a Mai of a Y: CENTETdJNE ANTHONY LANE u Anenmy k mbu Park (M'eMen m mlrvey) 1 �1=Q13,.aa'Ce�t'thal Rort'tf+ereoY"yIn9 South esterly of a line drawn from a Dalr(t .V , l$ MA th.j4k ri?esterly_dnbr f said Lot distant 128.32 feet Northm tody from' N 900000'E 47.00 -• V�{°�.°^r��rt,t P+aDam Nwn N 4et 131"Deed Doasneu Nw A85499.(A. :.the most Westerly comer-'of Said Lot 3 to the Northeasterly corner of Lot-2.wt 8 °' :06ak'.2:;SL.'Anthwy Industrial Ppfk,Hennapin County,Mlnheeota. °® Detivrvlla el R•eblelbeaad proe«IAw rgwnata 6.o,,1W a Doame,t No 6&L'6x '... - ' adUl•d Dedmaaoe of R.:erlellone and Pn'mihw Cevwlanh r®waed m Doo,mat 595 "Nei part-ot,vocoted Mthany Lone NarN as described 61 Document Number wsoN or °92ne:eau,o manned a uamroa Dwu ma+ar Rwa+cume and Ptoex Ne co eno. �3g0852.adpving to above desetbed property. _ nrmded m Daamat No.747T14(M Keen OF LOT J ® Pees Dr.E-ort recorded as Doamal Na 790951. (M New, NORTH;ME OF LOT 3 .! PARtEL� Cj ® 4.q..mr t g.t-•ewer F.Ad retold d v Dea .M Na 1.]5925 (U-Ne k / r, __-4.17 ' 1 ,o a q�hare ., � _, 'lot 1,except that part tof Said lying Southwesterly o!a line drawn from a point :,74 o R-t132a _ 1 -In the Morthwearly c Ilne of said Lot 3,Blatant 128.32 feet Northeasterly n r oL from . ® iN - N 9090'00'W 47 Q RewwOm waotar0 a Parma+of Mthmy tnn4 rcarded a.Dao+ment Na]39oSii the mo§t Westerly comer of Said Lot 3 to the Northeasterly eomv of Lot 2, qr? __ 4e•A�W�' OF LoT] ""ieawA°n°Q"Oy) +,_•� Block 2•St.Anthony Industrial Park Hennepin County,Minnesota y�: / J1? • \ --•�� R-n24 AND / /• B, '-- .•t!' o11 EASEMENT FOR STREET 3 a 'lI STATEMENT OF ENCROACHMENTS'' � _- __ That pert s wasted Anthony Lane North(Do heart Number Sot 3.B), , I described as follows Commencing at the Northeast came of North 3,Block a 2.SL / /};• �•'n. /r \ �a �r /"PURPOSES Doc NO.Saxe, 4l There m.no above tlrand wmI•aaraaNm•nis _ •f Anthony Industrial Park.Hennepin County,Minnesota; Hence North 90 degrees 00' , 20 10 O 20 40 60 / �` _ p;r minuteS 00 seconds West assumed being along the North Ilne of Sold Lot 3, o / �•� PO9 distance of 47.00 feet thence Westerly and Southwesterly a distance of,_4847 y 1 feet,-along the Northwesterly Wu of Sald.Lot ulon9 a tangential cdrw concave -- - SCALE IN FEET / ,lPtjY0 3,�y`g �;"e` - -----,-•--)-1- ( ,.. :, M1'n,_+"z ta.the Southeast having a radius of 55.24 feet and a central angle of 50 •' ' / !!! te'p• ',(l ( I1 _�esyl degraea 16 minutes 25 seconds; thence South 39 degrees.43 minutes 10 W1 feet to the painf oC beglnningwNence North d gram 16 minutes 50 mc-de PORTABLE NRB 1 9 .f r :? Wmt.4 dlatance of 30.00 feet to the.centerilne of Anthony Lane; thence South /c h, GENERAL NOTES: - 9+q�1 39 dg ads'43 m[hutae10`Sccdirda-Westvrong-said centarllne.a eletonaa at 71.74 feet;\Hence South 50 degrees 16 minutm 50 Seconds East.a diet 1. of ``+�`,` 1.The bwhg syrt.m uvd Is eased m the pat of 5r'mfTHOUr INDUSTR,I�u_ ARICa 30:00-fmt to-the NorNresteriy line of mid Lot 3; Hence North 39 degrees 43 ., ,e / �j`a• / ' .�' 7 -11 I 'D utew Tb East 5idnq Ndrthwasteriy.lbia Weald Lot 3,a distance of 71.74 feet i _� DECLARA71w OF RES'718[nONS 1 TNa IemUan of eM undr9rwna utelm Neon.bsben. If Y a a9DIwN^N' ,to�Ne yoleit of bglaning. -j- ��- D PROTECTeVE COVENANTS PER I ly.PVRSTIANT 1D YSq 2160 CONTACT 00PHETi SrA1El1NEC1Qt Tr.{612}-49}.(OOa'Lr ,f• � / \ DOG Na e6Sa95 I VWON TO ANY EXCAVATOR. 1 Z g- Pr fly U(Light InaWoi)P city d SL_ mx oe '�`' PARCL7 B: n , J . / �-- ,t,J' - - O 1 tLTtsll'a" I l w settwdr regdiwnah I>m o.dorouoa o/Rab4tm -d Ly( 'THot p rt'of"toted Anthony Lane North(Document Number 3380852), '{n % ��, oeaanat Numbr corral c••'r de6armed as failows:'Beginning at the NorNecat comer of Lot 3,Block 2,St. NDR Necti�iar to£of laT] L Frat-30 h.t E?._ 9 9 �I Reor.to M _ �" IrnfuaMN Pork.Hennepin County,Minnesota; Nm1ee North 90 dgrTxs 00 10 het - -m nTes.1'J0'seconds Ylest assumed b«rin alon the North line of sold Lot 3, a i1•� / ` r` ? _A ' _ 3 Toed xh area eo+al o0,um)-44.155 •Pe s"` & btance"ot 47.00 feet thence Wmtmly and Southwesterly a-tones o}48.47, - { •. ,3 c ,FLAG va.E ` - - / - PARQl A aZL 40,651•auan twt-Out20 ova 9:_ ., --./eet.KPblr9.th63aorNwOatMY 1616 W sold Lot 3 along a tangential curve tatfcow :lt'•'iJ+`i+� •_. P�,R�.y a�g z 3,704.goon r.et-o.oas sera i•, � to the Sou(hdost-hOWng a radius of 55.24 feet and a control angle W 50 dgrem 16.Tr11nut s 25 seconds, thenca South 39 degrees 43 minutes 10 - _ /• -.A[_'; ^i :r�. C 6.TNI.mwy.a made an IX•arolmd. yaepnBs the Northwester) 'Inc of said Lot 3.a dlatanee i 14:80 - . . North 50 y, .c r�✓' }' Z y .feet 3heDQp Norlh'.50 degrees 18 minutm 50 seconds Weal.a'dletance af,.3098 •-; fit; / 4 O - -" TisFat oRimnlf- UaIITT'! :. " 1,+ -r- �.•., .'.ft t t the centerline of Anthony Lone: Nance North 79 degrees 43-minut4s'40• T'rnofuaty a� 6econds-rEo`s2'clong;ea{d.yenterNno.o elstMca.1.4.79•feet ffieaae Ea�terl - �e G,,:.• ,'/ j,e � i .r' .�+ .+'.,tJoRhe'• 43 aa(i1•.cehterline a distance ofa4.76 fimrifegag-'G ea�l�v�Fr 3r - ' id}=" 'h ,-5• \d..•.-�-j �� '-,--r v,_�. E5.2,4•}See-.vna a utis 00 sec nd.SCIA"rees',U minutes id ce 50.sea'Ld cli -thcsba}lo[01 y -90 degrees'W minutGS 00'eeconda East along sold tenlerline �atance bf'_, �a�d j - �$m eve �M3ehsaa't«+r std' 4 � .r.y. \ ,nom tee• c r k. }- 3 aed agc4yof 3900'iae�tq in 1 �..gn t4. d•t „ z aoa'. (;r) h Lij Un t I � VICINITY MAP ! g :1 ../ / 1 MINOR SUBDIVISIONIBOUNDARY SURV(=Y t r fOr. _ .,, ,�_ r ->• r ZAPPIA LEVA Ib I HN AND HEVER,LTD •'§ ANTHONY LANE NO. 17 %f •r'. g�p�/ \ \ _ 297th AVENUE NE , SITE:28 . ; co ST.ANTHONY,MINNESOTA � NORiNk61EKY Le@ '-OF tee 3 OLD=1 ST.ANTHOR WDUS TRIAL PARK r'1 IHT.XWT.75W / \ ti L1_ NOT aS SLA.E a \ �\ SO o f \ F @ d sy LEGEND cas.SLOT 3. 22 j \\ r�\\� ~O�. ® i • Property Monument 011y ST. s _ ODSTFMAL / Cl• , \ t T Water am Sanitary Sawm ^ /\/r �� i -..- Ovarh«d 47«trlc J V 0 Power Pats y J a -q __177.fl�--a B Oft Guy �'° CERTIFICATION: F_ Catrhbasln I hereby certify that this survey.plan a was by me y I ® Water ManhWa or under my direcf sup"slon and N ?-.Qy{lyr ff Land # I rr ® Sanitary Monhai• Sur"yor uhder the laws of the Stc/te n e i \\ \ March 31. 2004 - I CT Date- L.V I \ Q fOwFA ME FASFYENr�i OOG�.79095t� Thorn Qs E Ho ! -Q` Minn.. M1 inn.Rag. o. OF s.;fA OWNER: F C B LEASING INC T.; 4 Y��aY -"&S - G' -!- .. , 5 � :_ - I:+.'. ,. _ - _, __ ,w.:.2 .. ,'.e'A•.f" -. .L�. x, ... -. f 1c�T".�''^:� ..�3s g$ 4 _0 MEMORANDUM DATE: 09/15/04 MEETING DATE: 09/21/04 TO: Chair Stromgren & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager)t - SUBJECT: Sunset Memorial Park, rezone and text amendment requests for new funeral home Requested Action: On September 21, representatives for Sunset Memorial Park will be in attendance at the Planning Commission meeting to present their concept plans for a new funeral home at their site at 2250 St. Anthony Boulevard. The purpose of the concept review is to have a review and comment period regarding the request with the applicant. The ultimate request to build the funeral home will involve.a series of steps and approvals by the City, which will require discussion. Background: The applicant, Alderwoods Group, is requesting a concept review of their interest in building a new funeral home on the Sunset Memorial Park site, located at 2250 St. Anthony Boulevard. The new funeral home is proposed to replace the existing cemetery office building at the main entrance to the cemetery on the east side of the property along St. Anthony Boulevard. City staff has been in contact with Mekus Studios, the architect, regarding this request. In order to build the funeral home, some steps would be necessary. The current zoning on the parcel is R-1; it is recommended the applicant rezone the parcel to Recreational Open Space (ROS), which is more appropriate and in line with the zoning code as it allows cemeteries as a permitted use as well as mausoleums and crypt structures as permitted accessory structures. Following this change in zoning classification, the applicant would like to request a text amendment to the ROS district to allow funeral homes as a permitted conditional use. The City Attorney felt this course of action would be appropriate if the City were amenable to it. The Alderwoods Group has submitted a rezone application to the City to. begin the aforementioned process. A public hearing on the rezone application is scheduled for the October 19 Planning Commission meeting. Subsequently, the applicant will request the text amendment to the ordinance. The Planning Commission will make a recommendation to the City Council concerning this. It is the City Council who will hold three readings on the text amendment. Following this, the applicant would need to apply for a conditional use permit and go through that process with the Planning Commission and City Council. The applicant has provided a proposed funeral home design (see attached) as well as photographs of the existing cemetery Administration building and of the main cemetery boulevard road where the funeral home parking is located. The cemetery boundaries overlap the City of St. Anthony and the City of Minneapolis. The site proposed for the funeral home lies entirely within St. Anthony. Attachments: • Petition for Rezoning • Concept Review Submission • Survey 9/9/:04 Fee: $M.00 CITY or S"T. ANTaoKy v=AoB Alder-woods (Minnesota), Inc. 820.468.4163 :D-a v id. J Van Rite per: x: .611 -B Geor:.ge Street Green Bay', WI 54302 s of AiVjkW 'f.guya,Iasi,. Ovner (O w�. e � ms a t i v eer e� 9 o ; m. ee Attached :S.urve.y- :.. :.. ... ., 22-50 ,Sa. Ant'Iion�r 'B�Ivlvd. NE St. Ahthony;. MN 554.1.8. ` . WW;I% _' • � va+ t°a� d,is 10�r +�. suit it�fit. a gewm M0.01, rte&Md i&.b ft SL . of s Vdh tits A 6da of h . Ws gar- e of Age Skpatm Of OW=(U ancac 8ta An")' . 09-15 -04 *225 . 00C9 • • • • • • • s • • • • • • • SUNSET MEMORIAL PARK � St. Anthony, Minnesota • Concept Review Submission � September 9, ?004 • • • ALDERWOODS�� • • • • MEKUS STUDIOS LTD • SUNSET MEMORIAL PARK CONCEPT REVIEW SUBMISSION ST ANTHONY, MINNESOTA TABLE OF CONTENTS • • • 1. INTRODUCTION ......................................................................3 .......................................................................................................................................................................................... ......................................................................................... • 2. EXISTING SITE............................................................................................................................................................................. ................................................................................................................................................................................3 • • 3. PRELIMINARY DESIGN........................................................................................................................................................................... ..................................................................................................................................................................5 • Site Plan.................................................................................................................................................................................... ......................................................................................................................................................................................... 5 FloorPlans................................................................................................................................................................................ ........................................................................................................................................................................................6 • East Elevation............................................................................................................................................................................... ...................................................................................................................................................................................7 EastElevation- Rendering.................................................................................................................................................... • 4. PROPOSED IMPLEMENTATION SCHEDULE.......................................................................................................................................................... ...........................................................................................................................................9 • 5. ST. ANTHONY ZONING MAP.................................................................................................................................................................... .............................................................................................................................................................. 10 • • • • • • • • • • • • • • PROJECT NO. 20425 Page - 2 • September 9,2004 • MEKUS STUDIOS LTD SUNSET MEMORIAL PARK CONCEPT REVIEW SUBMISSION T. ANTHONY, MINNESOTA INTRODUCTION INTRODUCTION • Sunset Memorial Park and their Owner,Alder-woods (Minnesota) Inc. a subsidiary of Alderwoods Group Inc. (the Owner),is requesting to rezone the existing cemetery property from its current R-1 classification to R- OS. Per conversations with the City Staff, the cemetery property,located at 2250 St Anthony Boulevard in St.Anthony,is a legal non-conforming R-1 use. The Owner would like to correct the zoning to the appropriate classification R-OS (Recreation Open Space). This use group allows cemeteries as a permitted use as well as mausoleums and crypt structures as permitted accessory structures. Following this change in zoning classifications, the Owner would like to request a Text Amendment to the R-OS classification referenced above to allow"Funeral Homes"as a permitted conditional use structures within the R/OS classification . The following document presents a proposed funeral home design at the entrance to the cemetery on St. Anthony Boulevard. It should be noted that the cemetery boundaries overlap the City of St. Anthony Village and the City of Minneapolis. The site proposed for the funeral home lies entirely within the St. Anthony jurisdiction. EXISTING SITE The proposed site is located at the main cemetery entrance on the east side of the property along St. Anthony Boulevard. The project would replace the existing cemetery office building with a new multifunction building housing the cemetery offices and a new funeral home facility. Care would need to be-taken to locate the existing ground burial in the adjacent cemetery sections as the building located the site. Note: Historical Building Research •Mehus Studios Ltd searched the Minnesota-National Registry of Historical Places to see if the existing administration building was aprotect building on the registry.http://nrhp.mnhs.org/NRS earch.cfm. Mehus Studios searched under Hennepin County, there were+1=1400 listings in the County.No listing came up under Sunset Memorial. Mehus Studios contacted the Village of St.Anthony Zoning Administrator to inquire i f there was a local list.The ZA was not aware of a Village protected building list but • would verify with others at the Village(07/13/04). The following are photographs of the existing cemetery Administration Building, proposed to be removed and replaced with a new Funeral home, and photographs of the main cemetery boulevard road where the funeral home parking is located. 0 0 0 0 • Page PROJECT N0. 20425 Pa g 0 September 9,2004 0 • • MEKUS STUDIOS LTD • SUNSET MEMORIAL PARK CONCEPT REVIEW SUBMISSION ST. ANTHONY, MINNESOTA EXISTING SITE • -� • Entrance Boulevard jpg Existing Admin Building-Ljpg Existing Admin Building-2 jpg • ' Imo- — _ _ +r rr • y L3"ii �.. - - • Existing Admin Building-3 jpg Existing Admin Building-4 jpg • • • PROJECT NO. 20425 Page - 4 • September 9,2004 • • • MEKUS STUDIOS LTD • SUNSET MEMORIAL PARK CONCEPT REVIEW SUBMISSION ST ANTHONY, MINNESOTA PRELIMINARY DESIGN • • PRELIMINARY DESIGN Site Plan • • • 2 2 • 4 2 1 • ' 4 � • 41 ' 1 • � y 11 9 B • 7 3 8 • yI 5 PARI(INC 50 CARS 2 2 FORTE COCHERE / W/FI1lRRAL HONE ENTRY • L.._.._.. _.._.._.._.._.._.._.._ OVERFLOW PARXING 50 CARS / 7 - - - --- -------------- ERAL HONE. (I LL+ 2 FLOORS) / _..� .r..,.. 0 _.._.._.._. _.._.._.._.._. _._.._.._..- , C EXISTING GRAVES IIT GATE • \i \�� GRESS ACCESS • EGRESS ACCESS NEW FENCE TIED ` PARIONG INTO EXISTING 7 CARS • © � �eO J`�J NO • �l S` PNSHpN • PROJECT NO. 20425 Page - 5 September 9,2004 • MEKUS STUDIOS LTD SUNSET MEMORIAL PARK CONCEPT REVIEW SUBMISSION ST ANTHONY, MINNESOTA PRELIMINARY DESIGN Floor Plans I I • I I I I I I I I I I ARRAN®NTS • LO® MRANOEYENTS VESTIBULE � (;ATS i MULTIPURPOSE ��J L' J 1 RSeF I WA® ••• I I I I I -_- O\` I CXRP ADMIN.OPEN O FFICE ------------- IADI�ilI l \ SA-I,�1F � \ PREPARATION DRID SELECTION REC=DOW � niiiiiiii ® • WOYENS ELECTRIC PRE-NEED SALES • ® ® MECHANICAL • � W MEN mITAnON • ® oPE®k[ FUNERAL DIRECTOR STORAGE HOLDING • — _ _ YA XIN RY. I ER/CHAIR STORAGE ,rte I V }E FLOW I I I L.v�..I I l� • I I I I I I I I • • &E_IRS� FLOOR PLAN �1 SECOND FLOOR PLAN L 8900 SF. • • PROJECT NO. 20425 Page - 6 September 9,2004 • MEKUS STUDIOS LTD SUNSET MEMORIAL PARK CONCEPT REVIEW SUBMISSION ST ANTHONY, MINNESOTA PRELIMINARY DESIGN East Elevation • T/ROOF — — +31'-6° � STANDING SEAM METAL ROOF MASONRY T VENEER SKIN ALUMINUM CLAD 1 i RI WOOD WINDOWS T/SECOND FLOOR +12'-0° 1-1 - — -- *_Met emorial Park I � � � � � � � — Subset bn o ff Park an Funeral Home I I I I and Funeral H me - 1 -- -- - -- f �- I I I I I I 7 T RST FLOOR SCREEN WALL • +O'—O" WITH STAINLESS RUSTICATED STEEL SIGNAGE MASONRY BASE ORNAMENTAL IRON ENTRANCE GATES • PROJECT NO. 20425 Page - 7 September 9,2004 MINES - om� 1 I I■! ■■■ 1 I ■��I ���� I ■■i■■��1'.I' 1■minor ■ F �°� ■1 a 1 �_ ■■� 1�r �/ B■■■■■��■I IN■■■■�- , ■� 'f . ;..'° tX�� r' �, �' �.�1■ii■■i� 111 1111L I IA X91 iiii -'' No 9'. ■ IF NOW ONE and ate.s- ■�• �! _� it s - - Gem, -� .. ,v s "-� �'61y e i • •. • 1 , . • MEKUS STUDIOS LTD t SUNSET MEMORIAL PARK CONCEPT REVIEW SUBMISSION ST ANTHONY, MINNESOTA IMPLEMENTATION SCHEDULE PROPOSED IMPLEMENTATION SCHEDULE Based on conversations with the City Staff,the below are meeting dates and a preliminary schedule based on successfully obtaining zoning revisions that we are pursuing. Implementation Item Description Start Date/Meeting Date 1. Start Design Document Process................................................................................................................................................................. ...............................................................................................................................August 1-December 31, 2004 2. Concept Review with Planning Commission........................................................................................................................................................ ................................................................................................................................September 21,2004 • 3. Apply for Zoning Changes i. Complete Rezoning Application for property from R-1 to R/OS • ii. Send Letter of Request for Text Amendment to include"Funeral Homes" as permitted Accessory Use in R/OS. 4. Public Hearing for Rezoning and Text Amendment................................................................................................................................................. ..............................................................................................................................October 19,2004 5. City Council Text Amendment Reading(I"Reading) ................................................................................................................................................ ..........................................................................................................................October 26,2004 6. City Council Text Amendment Reading(2nd Reading)............................................................................................................................................... .......................................................................................................................November 9,2004 7. City Council Text Amendment Reading(3'd Reading)............................................................................................................................................... .....................................................................................................................November 23, 2004 • 8. Apply for Conditional Use Permit (If approved by City Council)............................................................................................................................ ....................................................................................................................December 21, 2004 • • PROJECT NO. 20425 Page - 9 September 9,2004 as q ; 7-Q- ■ I ��.v..�•° Yrare 'lll l ,a l.` I.. uli. �1..�a�. 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The briefings include information about the Equinox Apartments, Wendy's, and Applebee's. No Council action is required. I will be at the meeting to answer questions related to these projects. Equinox Apartments This apartment development borders the Silver Lake Village PUD on the north and northwest side. It is within the PUD zoning district. The apartment complex was built in the 1970s. The project is undergoing an extensive interior renovation. The owners are also planning to demolish and rebuild the garages on the site and relocate.site access to open up views to the main building entrances from the Cub parking lot and the park. These garages have formed a very unattractive `fortress' type of wall that has separated the apartments from the Apache Plaza development. The project architects have proposed several openings in the long garage facades, redesigning the roofs, and adding brick to the exterior walls that face the Cub parking lot and the new park. Because the development is within the PUD zoning district, it requires review by the City's Design Review Committee. The City's Design Review Committee has provided feedback to the architects. They have incorporated the suggestions of the Design Review Committee and submitted plans for approval. The committee has approved the plans. The rebuilding of the garages will begin this fall. Wendy's A new Wendy's restaurant will occupy the site of the former Taco Bell. Taco Bell was demolished during the last week in August. The Wendy's representatives have had at least two discussions with the Development Review Committee concerning their site plan, building elevations, exterior materials, and other aspects of the building's appearance. It will be a fairly standard Wendy's building that has been customized, somewhat, to meet the site size and to be compatible with the materials in the rest of the project. A reddish brick that follows the color theme for the whole project will be the dominant material in the restaurant. Their freestanding sign will be no taller than the city's 8-foot limit. The Development Review Committee has approved the plans. Construction will begin immediately. Applebee's An Applebee's restaurant will occupy the restaurant pad shown in the approved PUD plan behind the video store on a site created on the drained pond on the east side of the Cub parking lot. This project is not on as fast a track.as the Wendy's project. The Applebee's restaurant will be about 5,000 sq. ft. They may do some of the parking lot construction this fall. However, the building will not be open until after the first quarter of next year. No final plans have been submitted to the Design Review Committee for approval at this time. MEMORANDUM DATE: 09/15/04 MEETING DATE: 09/21/04 TO: Chair Stromgren & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager LLJ SUBJECT: Petition by Tony Jordan, 2813 Silver Lake Road Requested Action: Tony Jordan, 2813 Silver Lake Road, has approached city staff about amending City Ordinance Section 810 to include language about native prairies being allowed. City staff has suggested he start with the Planning Commission to begin the conversation. Mr. Jordan has provided the attachments. Background: Section 810 of the City Ordinance relates to weed control (see attached). The maximum height provided in the ordinance for weeds is 6 inches (810.03). The prairie plantings that Mr. Jordan refers to are taller than the maximum height allowed. Variances can only be made to Chapter 16, the City's Zoning Code. Therefore, Mr. Jordan would need to request a text amendment to the City Ordinance. The Planning Commission will probably want to study the issue in some fashion, as has been the case with similar requests, before'giving a recommendation to the City Council. Attachments: • Submission by Tony Jordan • Section 810— Sidewalks and Weed Control September 7, 2004 Ms. Sue Hall Assistant City Manager St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Amend Ordinance 810 Dear Ms. Hall, Thank you for assisting in having me approach the city in an effort to Amend Ordinance Section 810. In our conversation last week you indicated I should let the city know what I want to be able to do in our yard. I want to have a planting of native Minnesota plants. The reason is as complex as the diversity of the plant community that will exist in our yard. There is approximately one tenth of one percent of pre existing prairie left in Minnesota. Our little piece will: A. Provide an environmentally friendly space. a. less use of petroleum b. less use of city water c. less noise from mowing c. increase habitat for native butterflies and birds B. Provide an alternative model, to a mowed lawn, visible to others from the neighboring park. C. Provide a personal expression of our values. I am very interested in being able to establish the prairie in our back yard. I will work with St. Anthony, my neighbors and Prairie Restoration, Inc. to have a beautiful native prairie. After our phone conversation last week I contacted Prairie Restoration, Inc. for assistance in presenting material to the city regarding amending Ordinance 810. The material they sent to me is enclosed with this letter. thave also enclosed the letter handed out to our neighbors as well as the August 23, 2004 letter sent to John Malenick Sincerely, Tony Jordan 6 enclosures Sample City Weed Ordinance Prepared by-Prairie Restorations, Inc. Increasingly, cities are revising their municipal weed ordinances in order to accommodate people throughout the state that recognize the benefits of natural landscapes. Traditionally, city ordinances have mandated height restrictions for all grass and weeds within the community in order to shield the public from "nuisances"—to protect the public health and well-being. Unfortunately, these weed ordinances can be counter productive in that they promote constant mowing and watering, chemical application, and often contribute to erosion and water pollution. Such ordinances also infringe on the civil rights of those citizens by not allowing for natural landscapes—a safe and healthy alternative. Due to the recognized value of native landscapes, demand for such continues to rise. The need to develop a modern municipal weed ordinance that not only serves but also'stewards this trend becomes increasingly important. Clearly native plant communities established and maintained under minimum guidelines set forth by the municipality are not nuisances and in fact, serve to enhance public health. Because of this, many Minnesota cities have adopted revised weed ordinances that serve and promote native landscaping. The following document is intended as a model for communities that presently fail to make provision for natural landscapes in their municipal ordinances. 1. Intent and Purpose: It is the city's intent with this ordinance to protect its residents and the general public from unhealthy and unsightly properties that may adversely affect the health, safety, prosperity, and general welfare of the community. It is not the intent of the city to mandate uniformity in landscape, recognizing that there are many healthy and appropriate forms of landscape within a community. Furthermore no city official or employee shall act against any individual or property suspect of violating sections 2-3 of this ordinance without due process and accordance of the law. 2. Prohibition: Any lots or parcels of land consisting mostly of non-native grasses and herbaceous plants (including turf lawns) within the city shall be regularly cut to be kept under ten inches (10") in height and managed to check noxious weed growth. Untended, rank, and unmanaged growth of vegetation within the city which is visible from any public way, street, sidewalk or alley is declared to be a public nuisance and may be abated in accordance with the procedures set for in 4-5 of this ordinance. This prohibition shall not apply to: a) native landscapes, provided.they are in accordance with section 5 of this ordinance. b) existing non-noxious weeds and grass vegetation in wetland areas or within fifty feet of natural or altered wetland/riparian areas within the city c) non-noxious weed and.grass vegetation on agriculturally zoned land d) erosion control areas e) ornamental and vegetable gardens. SUGGESTED STANDARDS FOR A NATURAL LANDSCAPE ORDINANCE 1. The ordinance should protect the fundamental right. of. City's residents to choose their own landscape; 2 . The ordinance should apply equally to all residents as well as to the City, County and State, if possible; 3 . Any restrictions in the ordinance should have a rational basis; i e. , a legitimate interest in public health, safety_ or welfare; 4 . The ordinance must not legislate conformity -or athetics nor allow residents of the City to exercise control over their neighbors' landscapes; 5 . The ordinance should not require the filing of an application, statement of intent or management plan; and there should be no . review or approval process or fees assessed against residents who intend to engage in legitimate natural landscaping; 6 . In order to avoid harassment of natural landscapers, the City's "weed commissioners" who will enforce the Natural Landscaping Ordinance, and thereby differentiate between those people who are growing permitted natural landscapes versus those with unpermitted growth, should be able to distinguish between the two; 7 . Enforcement of the ordinance should be undertaken through due process of law which guarantees individuals the right to and fair adjudication of their rights; and, 8 . The ordinance should address the problems of environmental degradation brought about by proliferation of high maintenance mono-cultural landscapes, and the indiscriminate use of toxic chemicals in landscape management. It should encourage the preservation and restoration of diverse, biologically stable natural plant communities, and environmentally sound practices. This would reduce not only contaminents to the environment such as pesticides, fertilizers, pollutants and noise, but would help reduce the. accumulation of yard waste which may not be disposed of in landfills pursuant to state law. Bret A. Rappaport SCHWARTZ COOPER KOLB & GAYNOR Two First National Plaza 20 South Clark Street Chicago, Illinois 60602 :(312)726-0845 AN INTRODUCTION TO NATURALIZED LANDSCAPES . A Guide to Madison' s "Natural Lawn" Ordinance Authors : John Diekelmann and Cathie Bruner Published by: City of Madison, Wisconsin This booklet is for public information and may be reproduced with source acknowledged. Acknowledgement : The authors wish to thank William Busse., Associate Professor, Head of the Allergy and Immunization Clinic , Department of Medicine, University of Wisconsn- _Madison; the CUNA MUTUAL Insurance Group, (C .M.I .G. ) for the donation of Cathie Bruner' s services ; the Division of Neigh- borhood Planning and Revitalization; Walter Gojmerac, Pro- fessor of Entomology, University of Wisconsin-Madison; and Char Thompson, Secretary of the Urban Design Commission. This project was funded by the City of Madison Community Development Block Grant Funds from the United States of America Office of Housing and Urban Development (H .U.D. ) TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ASPECTS - REQUISITES AND BENEFITS . . . . . . . . . . . . . : . . . . . . . . . . . 2 Essential Knowledge . . . . . . . . . . . 2 Energy Conservation Costs & Environmental Quality . . . . 3 Visual Quality . . . . . . . . . . . . . . . 5 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 PROBLEMS - PRECONCEPTIONS AND BARRIERS . . . . . . . . . . . . . . . . . . . . 7 Rodents . . . . . . . . . . . . . . . . . . .7 Insects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Fire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Allergies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Trash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Property Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .8 Plant Diseases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 HOW TO USE THE NATURAL LAWN ORDINANCE . . . . . . . . . . . . . . . . . . . .10 Text of the Ordinance . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . .10 Permit - Step By Step . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Appeal Process . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 THE PROCESS - PLANNING, PLANTING & PLEASURE . . . . . . . . . . .,. . .16 Deciding whether or not to use a professional . . . . . . . 16 Doing it yourself . . . . . . . . . . 16 Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . 17 Plant Names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Legal Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 TRANSITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Showy Gardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Incremental Transformation . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Gradual Transitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SELECTED BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Attitude . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . 23 Learning to Look . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Plant Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Site Analysis and Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Propagation, Establishment and Maintenance . . . . . . . . . . 24 COURSES AVAILABLE . . . . . . . . . . . . . . . . . . . . 25 ORGANIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 INTRODUCTION The City of Madison is publishing this booklet in order to provide you with information on the Natural Lawn .Ordinance and how you may apply it. to your yard. Included are the advantages, the problems and preconceptions, how to process a permit and how to begin to plant a naturalized landscape. In an era where increased costs of energy touch virtually every aspect of our lives, careful .consideration of altern- ate forms of landscaping deserve consideration.' Traditionally, the term landscaping. has implied an active involvement in the encouragement of selected plants to grow on a site. Naturalized landscaping as introduced in this booklet implies the use of groups of plants native to the Madison area. These can be planted and/or encouraged by management practices to evolve into groups designated as plant "communities" . There are also forms of "naturalistic" landscaping which include other than exclusively native plants. - The one thing these approaches have in common is that they are forms of gardening and not neglect. For example, did you know that dandelions are not native plants? In natural- ized. landscapes, this "scourge" of the turfgrass owner is so suppressed that it may disappear or have its numbers sharply reduced: The vast majority of native plants do not behave like noxious weeds . Yet naturalized landscapes are seen as controversial subjects these days. Many people equate them with neglect of property. This booklet will illustrate and explain how naturalized landscaping is a concept of planting which requires knowledge , work, less energy, and provides beauty. 1 ASPECTS - REQUISITES AND BENEFITS ESSENTIAL KNOWLEDGE Matching plants to their optimum habitat is the most effici- ent use of landscaping resources. Many people may wish to use non-native plants. Examples of these kinds of plantings are rock gardens, flower beds, and "lawns" consisting of herbs and clovers . The inclusion of such plants may be a matter of individual taste . However, many plants such as Tatarian honeysuckle (Lonicera tatarica ) , Norway maple (Acer platanoides ) , and periwinkle (Vinca minor ) spread so aggres- sively that they exclude the presence of many desired plants -native and non-native . This behavior is not restricted to non-native plants however, as sunflowers (Helianthus spp. ) and switch grass (Panicum virgatum) can behave in much the same manner. Attempts to establish prairie vegetation on north or east slopes can be thwarted by invasions of Kentucky bluegrass . (Poa pratensis ) and a variety of woody species, the composi- tion of which will depend on the species adjacent to the site . The prairie species will languish and be at a compet- itive , disadvantage . Community placement is arrived at by analysis of the combinations of such site factors as light, soils, and moisture . In addition, to the environmental factors influencing plant growth, the use of the site by its occupants should be considered. Some opt to retain, some mown grass for active outdoor play, while others eliminate All mown lawn . The examples below are samples of a prairie and of a wood- land planting . ,`t t �r Sunny areas, especially those with sandy or gravelly soils, might be planted with prairie species while shaded areas might be planted with woodland species . Many times these populations of plants grade imperceptably into one another while at other times they can change abruptly. Environmen- tal conditions of the site are the major determining factor. ENERGY CONSERVATION, COSTS AND ENVIRONMENTAL QUALITY The fine tuning of communities of plants to .their optimum requirements provides us with plantings requiring relatively low energy demands. In fact, virtually no external sources of energy such as lawn mowers, weed trimmers and lawn edgers are needed since maintenance can be performed by hand. This includes removing undesired plants and hand mowing of paths or small turf grass areas . Prairie plantings lend themselves to use in place of lawns . Initial installation of a . prairie planting can be less expensive than either a ,seeded or sodded lawn. The saving is a result of the fact that the prairie planting does not require top soil .. . COSTS FOR 8,000 SQ. FT. ( 80 ' x 1001 ) (1979 PRICES) LAWN PRAIRIE SEEDS $ 96. 00 ( $3 . 00/lb. ) $ 256. 00 ( 5. 5 oz. @ $5 . 75/oz . ) TOP SOIL 600.00 . ($8.00/cu.yd. ) Not Needed $ 256. 00 8. 00 (mowing-first and second growing season ) TOTAL $ 696. 00 $ 264. 00 SOD & PLANTS $1 , 160.00 ( $1. 25/yd. ) $4, 000. 00 ($0. 50/plant) TOP SOIL 600. 00 ($8.00/cu.yd. ) Not Needed TOTAL $1 ,760. 00 $4, 000. 00 NOTES: Site preparation and installation are not includ- ed. Site preparation costs vary according to specific needs of the site (prairies usually need.. less site preparation than lawns ) . Water require- ments for installation may be equal in dry years . Labor and water costs are assumed to be .equal in either planting. Multiply materials by two to three to obtain their installed cost. 3 The economics of prairie plantings are gone into in greater detail here because . of the probability that they will be the most suited to sites where lawns presently exist - or might be installed, e.g. , sunny areas with or without. scattered trees. Woodland plantings (where appropriate) are more expensive . An approximate cost of a woodland (ground layer only) plant- ing -can be obtained by adding the cost of top soil to the cost of prairie plants ($600. 00 + $4,000. 00 ) . . This gives a figure of $4 , 600. 00 for an 8, 000 square foot parcel of land. Note that this does not include prices for trees. This figure can be highly variable and highly expensive! Methods for establishing woodlands can be found in the books listed in the Propagation, Establishment and Maintenance section of the bibliography. Once prairie plantings are established, they require no herbicides, fertilizer, water, dethatching, aerifying, leaf removal or mowing . Prairie Restorations Inc. of Wayzata, Minnesota calculated that prairie maintenance was, one seven- th of the cost of lawn maintenance. The chart below summa- rizes some specific costs for the Madison area. MAINTENANCE COSTS FOR 8, 000 SQ.FT . (80 ' x 100' ) (1979 PRICES) LAWN PRAIRIE FERTILIZER ( 2 applications 24-4-8) $16.00 Not Needed WATER ( 700 gal . /week for .20 weeks ) 36. 00 Not Needed (1 , 400 - gal... /week for 20 weeks = $72. 00 ) WEED KILLER. (1 quart) 5. 00 Not Needed MOWING ( 4 gallons of fuel/season) 4 .00 Not Needed MOWER REPAIRS/REPLACEMENT 10 . 00 10.00 TOTAL $89 .00 $ 10.00 In the above chart, you will notice that water seems to be a relatively inexpensive item. However, when the usage is applied city wide, the demand for water becomes staggering. This necessitates the continuing construction of expensive new pumping facilities. Nor does the water conservation end with not having to water. Comparative studies have shown that there is more than twice as much runoff of rainfall off of turfgrass as there is from woodland or prairie vegetation. Extensive use of natural vegetation could have a profound positive effect on the water quality of our lakes . 4 VISUAL QUALITY The great majority. of plants used in landscaping today are selected and placed with the intent of providing us with aesthetic experiences. More directly, this is an attempt to improve the appearance of a homesite; school, or place of business. Plants have their own unique qualities, most of which are related to their growth forms and cycles. However, most of the time in traditional forms of landscaping, they are treated as individuals and have to be maintained as such in a static state by shearing and/or mowing. People working with naturalized landscapes use alternative aesthetic values to select plants. The plants are first selected in terms of their adaptations to the community that matches the site conditions. Instead of restricting design possibilities, this approach can add to the effects of color, movement, light, and sea- sonal change . Along with such showy plants as large. flower- ed trillium (Trillium grandiflorum) , butterfly milkweed (Asclepias tuberosa) , and blazing star (Liatris pycnostachya ) , a host of other plants . are part of the planting. Ferns, grasses and plants with smaller, yet no less showy, flowers, not only act as a backdrop but provide visual diversity in themselves with the play of light on the leaves in ever changing ways throughout the days and seasons. When one adds the fact that the planting changes through the growing season yet another dimension is added. From the first pasque flower or hepatica in the spring to the asters and goldenrods of the fall there is progressive change in the native landscape . Prairie plantings in particular are noted for their •variety of colors and forms. It also should be noted that many of the grasses of the prairie stay green during the summer and their foliage turns colors as bright, as many of the bright- est trees and shrubs. This is in contrast with ,lawn grasses which must be watered to stay green and are devoid of bril- liant fall colors. The wind-induced movement of prairie grasses and flowers on a sunlit fall day is a sight that makes the much beloved rolling wheat fields seem_ uninteresting in comparison. Adding to the visual diversity of natural plantings is the wildlife they attract. Along. with brightly colored gold- finches and indigo buntings come many different species . of butterflies, moths and dragonflies. 5 Many of the above visual qualities are possible with the use of other plants, both native and non-native . The factor that tips the balance .toward the use of native plants in community groupings is that these plantings are relatively permanent . Once established only minimal maintenance is required. Older individuals are replaced by other -species or species of their own kind - these plants do not have to be lifted, divided or fertilized to help them at their best . EDUCATION The educational component of this approach to . landscaping grows out of the ability of the homeowner, teacher, student and naturalist alike to gain from exposure to the diversity of nature . The fact of this diversity requires that more plants and their behavior must be known. The expenditure of time to acquire this knowledge can provide us with many hours of pleasure . The use of native plant communities in landscaping school grounds and local park sites can provide a valuable teaching resource . Students as well as parents and teachers can learn about the communities and their interrelationships that are a part of our natural heritage . The interaction of geology, soils, climate, animal and plant life can be illus- trated as part of the curriculum. Presently, several Madi- son 'schools are working on plant community restorations and have made this work a ' valuable addition to the education of all involved . Natural landscaping can also provide us with information on how we have changed the natural landscape . Methods of pollution and erosion control and possible models for less energy consumptive agriculture are possible results of the study of natural systems .. The positive educational aspects of this mode of landscaping are not limited to school set- tings. They can be a springboard to a variety of new inter- ests . Plant propagation, bird attraction and watching; and aesthetic enjoyment are just a few possibilities.. . V:�i�b PROBLEMS - PRECONCEPTIONS AND BARRIERS The series of questions and answers below articulate the _ current state of knowledge and give the reader assistance in engaging in productive debate with neighbors, friends, or relatives who might object to a non-traditional landscape. QUESTION; Will tall grass attract rats? ANSWER: Rats are attracted by extreme concentrations of food such as grain elevators and garbage. Whether tall grass is present or not is independent of the presence of rats. QUESTION: What about other animals? ANSWER: Field mice and gophers do live in grassy areas. Field mice may enter the home in the fall seeking a place for hibernation. * As all wild creatures, they are harmless unless cornered and threatened. This includes such common animals of woodland edges as wood- chucks and raccoons. QUESTION: What about mosquitoes and other insects? ANSWER: Naturalized landscapes without standing water - will not breed mosquitoes . At least ten days of standing water are necessary for this. People who have landscaped their homesites naturally have no more insect pests in their yards than the more traditionally landscaped homes of friends throughout the city. QUESTION: Will prairie grasses produce a fire hazard? ANSWER: Prairie grasses can be ignited under dry conditions . See below for safety measures that are required by the natural lawn ordin- ance. However, it should also be noted that dry prairie grasses are in themselves insub- stantial and have less potential for igniting structures than the dry needles around the base of the commonly used foundation plant- ings such as yews (Taxus spp. ) and junipers (Juniperus spp. ) . * If a two foot mown strip is provided around a building, it will greatly reduce the possibility of their entry. 7 QUESTION: Will I have noxious plants in my planting? ANSWER: Existing city ordinances list noxious weeds as the following: burdock, greater and lesser ragweed, thistles, and field bindweed. These are plants common to disturbed soil condi- tions and may occur in the first years of a planting as in any other new garden situa- tion. These must be removed .to be in compli- ance with City Ordinances. QUESTION: Will I be adding to peoples ' allergy pro- blems? ANSWE R: Many wind pollinated plants such as oak trees have pollen which affect certain individuals. Ragweed as mentioned above is a plant. that grows in disturbed places and must be remov- ed. A popular misbelief is that goldenrod pollen is the cause of hayfever. This may stem from the fact that both ragweed and goldenrod bloom at the same time. Goldenrod being the more visible of the two could have been labeled the culprit. It is not a known allergen. Potent allergens are pollen grains from unmowed non-natives such as red top, rye grass, timothy and Kentucky bluegrass. Mowing turf grass also can contribute to alternaria spp. which is highly allergenic to many people. QUESTION: Do naturalized landscapes hide trash accumula- tion? ANSWER: Trash accumulation unfortunately is possible in any vegetation. City ordinance requires citizens to control trash accumulation. QUESTION: Will a naturalized landscape lower my proper- ty values? ANSWER: In a recent court case, a claim to this effect was not allowed as evidence because of its hearsay nature. This was in light of the fact that all property (traditionally and naturally landscaped) had increased in value. Because of many factors in house buying, it is difficult to prove the effect of landscap- ing on the total value. In Madison, the increased existence of and buyers ' awareness of naturalized landscapes has proved to be an advertising point for at least some houses. 8 QUESTION: Why does so-called "natural landscaping" appear to be unkept to me? ANSWER: Some persons consider the native landscape, except when in a wilderness area, unkept in appearance. Possibly this is due to the lack of familiarity with individual plants and native plant community processes. Once you know why plants grow the way .they do, you may not judge then first by looks. The appear- ance of tidiness may be increased by - the techniques discussed -in the later section on transitions. Also, anything that doesn't grow in a row and has to be replanted each year is considered a weed by many.. QUESTION: Will I be introducing plant harming insects and diseases into my yard? ANSWER: In the Madison area there are no diseases except oak wilt, dutch elm disease and but- ternut canker which .adversely affect healthy native plants. on an epidemic scale. Some afflictions, such as' black knot and tent caterpiller can become botherersome in or- chards and vegetable gardens . It is an individual decision as to whether these are negative factors. For the most part, native plants are resistant to most disease infesta- tions - they may be temporarily defoliated or attacked but will be back the next year since they have evolved together with the native insects. The health of a natural community does not necessarily mean that there is an absence of disease. For example, shelter and food are provided for some birds as plants get old and die. Of course, the scale on which this is tolerated by us depends on the size of both our planting site and on our budget. 9 BUILDING INSPECTION DIVISION R. W. Friess. Superintendent 266-4551 W. G. Bakken. Asst. Superintendent 266-4551 Room log city-county building. nwdison, wkcansk 63709 JP lkT ® 3E:r I.g l S 3Z) X E-3 o IN TO WHOM IT MAY CONCERN: Home owners within 200 feet of the -proposed natural lawn may state their written objections to this natural lawn application. (See attached application.) The ordiance allows you to object to the proposed natural lawn. Please state the reason you object. This form must be returned to the 'Superintendent of Building Inspection within 15 days of receipt of it. If this form. is not returned within 15 days it is assumed you have no objections to the natural lawn. I do not object I do object (Reason for objection) I certify that I 'am the owner of the property located (Address) Signed NATURAL LAWN APPLICATION PROGRESS CHECKLIST Applicant's - Name - Address - Telephone Address of Property Date of Submittal Applicants Submittal Includes: Legal .Description Letter of Intent General Description for the Vegetation b Management Techniques. Land Management Plan LJ Applicant Given Notification Form ❑ Applicant Given Official List of Property Owners Within 200.' . Date of Notification of Neighbors Mailed Sand-Carried aDate Applicant Signs Oath Date the 15-Day Waiting Period Expires In Support Of Oppossed Position Unknown aDate Application Was Granted or Appealed If Appealed to the Urban.Design Commiasion Date of Urban Design Commission Meeting. Appeal Successful Appeal Denied tlmuivlL Lla.11 IVItIU11]GI i,inr i,u%N r1A.'r LIM NL it.ltl .I I i'NAIF'Ir ,:n%f-ri I 1.-2. f 1 11 I'.,1..., n.._24" u/J ..+;: I1 1 1 !'.r 1:Iw Lrtty LAIC �.._:J'• `r F Su ff goldCnroA 1•-)' is ............ ,�'r,�. ?- f 1 Ov: i ADUNL'SSI:S or rcori.1: wins N luo r1:CT ru•�.r••.I, r••r n,,, r.l•n-r•r A, bu r.l^ch., 1. cr—pinq )n,l:Y. 1. T- !ASLIFTSS: DATE: V 1.1 SCALI: PROCEDURES 1. Applicant must apply for a Natural Lawn Application in the Building Inspection Department at the permit counter. 2. Applicant fills out the application. Identifying the types of plants which you intend to grow. Noxious weeds are not permitted. They are Thistles, Leafy Spurge, Field Bindweed and Ragweed. 3. Mail or give personally a copy of your application to each of the owners listed on the bottom of your application. 4. - Applicant shall certify under oath to a notary 'public in the Building Inspection Division that owners within 200 feet have duly been notified, the manner in which they were notified and the date they were notified. 5. The neighbors within 200 feet of the property have 15 days from the day that they receive the application to file a written objection stating the reasons why they object to the natural lawn. The written objection must be sent to the Superintendnent of the Building Inspection Department. 6. If 51 % of the neighbors object to the Natural Lawn the Superintendent of Building Inspection will refer it to the Urban Design Committee. The Building Inspection Department will notify the owner whether or not the application has been denied or approved. If the Urban Design Committee approves the application along with the Building Inspection Department the natural lawn is approved. 7. -If the Superintendent of Building Inspection Department denies application the owner may appeal it, to the Urban Design Committee. The appeal forms are avaiable in the Iling Inspection Department. APPEAL FORM URBAN DESIGN COMMITTEE Have you received an Official ADDRESS OF PROPERTY Notice concerning this matter? NAME OF APPELLANT / / YES �, . NO ADDRESS OF APPELLANT Have you been refused a permit application? CASE NUMBER DATE FILED / / YES / / NO DATE OF HEARING SCHEDULED In order for you to appeal a decision of the Building Inspection Superintendent, your appeal must fall within one or more of the following categories: 1. Do you believe a rule has been incorrectly interpreted? Explain. 2. Do you believe you would suffer a manifest injustice? Explain. 3. Do you believe the code does not apply? Explain. 4. Request to determine the suitability of alternate plantings. Explain. RETURN TO: Madison Building Inspection Department Attn: Linda Dittherner 210 Monona Avenue APPROVED Room 109, City-County Building Madison, WI 53709 DISAPPROVED Date HOW TO USE THE NATURAL LAWN ORDINANCE If after weighing all the pros and cons of naturalized landscapes, you would like to establish one, your next step is to obtain a permit from the City. This will allow you to have grass plants more than 8" in height. Remember the ordinance regulates the height of grass only. If you do not propose to include tall grasses in your planting you do not have to apply for a "natural lawn" permit. Even though you do not need a permit, it would be advisable to discuss your plans with neighbors so they understand the qualities of the plants you anticipate using-.. However, other sections of the city code deal with landscape plantings. These should be consulted with particular refer- ence to your site. These include ordinances on parking lot screening and visibility at driveways and street corners. Call 266-4551 for further information. TEXT OF THE ORDINANCE Subdivision (f) of Subsection ( 2) of Section 27. 05 (Safe and Sanitary Maintenance of Property) of the Madison General Ordinances contains the following requirements for those planning to become involved in a "natural lawn" project; Landscaping, plantings and other decorative surface treatments, including common species of grass, shall be installed if necessary and maintained to present an attractive appearance in all court and yard areas. Except with prior application to and approval of a land management plan from the Building Inspection Division of the City of Madison lawns shall be maintained to a height not to exceed eight ( 8) inches in length. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehi- cles traveling on public ways and shall be maintained so as to enhance the appearance' and value of the pro- perty on which located and thereby the appearance and value of the neighborhood and City. 1 . Application for Natural Lawn. Any owner or opera- for of land in the City of Madison may apply for approval of a land management plan for a natural lawn, one where the grasses exceed eight (8) inches in height, with the Building Inspection Division. a 10 2 . "Land Plan" means a written plan relat- ing to management of the lawn. which contains a legal description of the lawn upon which the grass will exceed eight (8) inches in length, a state- ment of intent and purpose for the lawn, neand description of the vegetational types, plants, plant succession involved, and the specific man- agement and maintenance . techniques to be employed. The management plan must include provisions for cutting at a length not greater than eight (8) inches the terrace area, that portion between- the sidewalk and the street or a strip not less than four ( 4 ) feet adjacent to the street where there is no sidewalk, and at least a three (3 ) foot strip adjacent to neighboring property lines unless waived by the abutting property owner on the side so affected. All lawn and grass areas shall be cut between June 30 and October 15 when the Fire Chief, in his discretion, so orders consistent with his powers as granted in Chapter 34 of the Madison General Ordinances. 3 . Revocation of the Land Management Plan. ' The Land Management Plan may be revoked for. failure to comply with the requirements of Sec. 27. 05 ( 2) (f) 2. Notice of intent to revoke a Land Management Plan shall be appealable to the Urban Design Commis- sion. All applications for appeal sub- mitted within fifteen ( 15 ) days of Notice of Intent to revoke a Land Management Plan. . 4 . Application Requirements. Each application of a Land Management Plan shall be on a form provided by the Superintendent of the Building Inspection Division. A copy of the application shall be mailed by the applicant or given personally by the applicant to each of the owners of record, as listed in the Office of the City Assessor, who are owners of the property situated in whole or in t par within two hundred ( 200 ) feet of the boundar- ies of the properties affected. The Superinten- dent of the Building Inspection Division shall provide the list of the property owners who are to be notified of the application. The, applicant shall certify, under oath, on a form to be fur- nished by the - Superintendent of the Building Inspection Division, that such owners have been duly notified and the manner in which they have been notified. If, within fifteen ' (15) days of receipt of a copy of the application, at least fifty-one percent ( 51%) of such property owners file written objections to the application with 11 the Superintendent of the Building Inspection Division, the . Superintendent shall refer the application to the Urban Design Commission for hearing and decision. 5. Application for Appeal. The owner or operator of land in the City: of Madison may appeal from a decision of the Superintendent of the Building Inspection Division. refusing to grant a Land - Management Plan. All appeals shall be to the Urban Design Commission of the City of Madison which shall hear such appeals once a month, March through September. All applications for appeal shall be submitted within fifteen ( 15 ) days of notice of denial of the, Land Management Plan. 6. This Ordinance shall be effective for two ( 2) years from its date* of passage and publication unless repealed earlier. If said Ordinance is not readopted by the Common Council, it shall be automatically repealed two ( 2) years to the day after its passage and publication. A REMINDER: IF YOU DO NOT PLAN TO INCLUDE GRASSES WHICH GROW TALLER THAN 8" IN HEIGHT, YOU ARE NOT REQUIRED TO APPLY FOR A PERMIT. * This ordinance, Section 27. 05 ( 2) (f) of the Madison General Ordinances went into effect October 25, 1978. 12 PERMIT - STEP BY STEP To obtain approval for a "natural lawn" project, the follow- ing steps are to be undertaken: 1. Obtain a "Natural Lawn Application" from the Building Inspection Division, Room 109, City-County Building, 21.0 Monona Ave . 2 . The application may be completed in one of two ways: drawing or written . description . * The drawing should include the address of the property, a legal descrip- tion (which can be obtained from your deed or the County Recorder's office) the name and location of all streets and the .lot dimensions (these can be obtained from the City 's official map to be found at the City Engineering Office or from your own deed records ) . Areas to be devoted to heights of more than eight ( 8) inch grasses should be indicated graphically on ' the plan. The written description should also. contain the address of - the property, the legal description, the name and location of all streets and lot dimensions, and a statement describing the vegetation in general terms, e.g. "prairie restoration", "old-field succession to woodland" , "natural meadow", etc. The examples listed imply a management direction. If you are involved in other forms of vegetation management; please also specify the intended "end product". Both types of applications should include a list of the grass plants that are to be included in your planting and their location on this drawing. Special note should be made of that part of the Ordinance that applies to the areas of your site that adjoin streets and neighboring properties and to the discretionary power of the Fire Chief. This requires that an eight inch grass height must be maintained at the terrace area and a four foot strip at streets without sidewalks and three foot strips at adjoining property lines (unless waived by neighbors ) . Also, between June 30. and October 15, when the Fire Chief determines that .a site 's vegetation is a fire hazard, these plants must be cut. An example illustrating how a typical application might look follows : * A drawing is preferred because of the ease of its being read. 13 NATURAL LAWN APPLICATION EXAMPLE PLOT PLAN PLANT LIST Legal Description: Key Name Height Lot O, Andropogon Acres Addition to Prairie Grasses: the Township of Gentiana, in the Little bluestem 36" City of Madison, Dane County, WI Big bluestem 60" North.dropseed 18" Parcel No. 000-000-0000-0 Cordgrass 72" Switchgrass 60" Side-oats grama 24" DRAWING Needlegrass 24" Bluejoint grass 24" Wildflowers 2-60" Oldfield Grasses: KY bluegrass 15" Timothy 18" Quackgrass 18" Addresses of People Within 200 Feet Smooth brome 24" 1. 6. Address : 9403 Bouteloua Blvd. 2. 7. Owner: A. Scoparius 3. 8. Date: July 4, 1979 4. 9. Scale : None 5. 10. 3. Return the form to the Building Inspection Divis- ion. If it is in compliance with the ordinance requirements, they will return it to you along with a list of the owners of property within two hundred ( 200 ) feet of your property. 4. Mail or hand deliver copies of your -application and form for objection ' to the adjoining property owners. You are then required. to certify under oath that you have done this. This certification may be done at the Building Inspection Division Offices. If, within fifteen ( 15 ) days of the Division receiving a copy of your application, at least fifty one percent ( 51%) do not file written objections, your application will be considered approved. If not, see the next step. 5. If - enough adjoining property owners object, the Superintendent of the Building Inspection Division will refuse the application and refer the applica- tion to the Urban Design Commission for a hearing and decision. You must appeal within fifteen ( 15) days of being notified of the application's denial . You, can be placed on the Urban Design Commission's agenda by calling 266-4635. An appeal form is available at the Building Inspec- tion Division. 14 APPEAL PROCESS One of the goals of the natural lawn ordinance is to protect the rights of all the citizens of . Madison. This means protecting both the naturalized landscape and citizens from the adverse effects of the neglect of property. The Urban Design Commission is made up of citizens repre- senting a wide range of civic and professional backgrounds. The most effective mode of presentation to them is one which is short and concise. It should demonstrate that you are aware of what you are doing and are conforming to all ordin- ances that cover plants and planting. In this way you can develop a convincing argument for the fact that you are not neglecting your property. Photographs showing your site and adjoining property can prove effective. Be . prepared to explain how you are propos- ing to make a transition* to your neighbor's property. The commission may ask you to modify your plan as a condition of approval . If your appeal is refused, you cannot reapply for one year. * See Page 18. 15 THE PROCESS - PLANNING, PLANTING & PLEASURE There are several aspects to the implementation of a natu- ralized landscape . They include site analysis, plant commun- ity and site design, planting techniques, and maintenance. Considerations unique to this .approach are development time (for example, at best, a prairie planting will take three growing seasons to become self-maintaining ) , limited avail- ability, of native trees and shrubs, and the need to consider the preconceptions and attitudes of neighbors. An additional decision for you to make is whether to do it yourself or to hire a professional . The decision to retain professional help is not necessarily an either/or choice. A professional can be involved as much or as little as the owner chooses. - The choice is best made based on the time available for the project and on the degree of involvement the owner desires . DECIDING WHETHER OR NOT TO USE A PROFESSIONAL If the choice is made to retain a professional, there are several questions to be answered. Among these are: 1 . Does the professional know a native plant from a .non- native plant? 2 . Does the professional recognize that plants occur in community groupings? 3 . Does the professional also supply his/her own plants? Are conflicts of interest possible? 4 . Would any agreement include help with a planting over at least three growing seasons? 5 . What has been the preparation of the professional? Landscape architecture, botany, and horticulture course work should have been part of his/her training . DOING IT YOURSELF If you decide to do your own landscape design, we have included a beginning bibliography. We have not included a list of sources of native plants because to do so would imply endorsement. 16 ETHICS Any nursery used should be one that propagates its own plants and does not dig them from the wild. Nursery grown plants, for the most part, are hardier and will survive transplanting better. This is especially true of trees and shrubs in the larger, sizes. If a nursery does dig wild plants, two ethical questions might be asked: 1 . Are the plants common enough such that their removal will not deplete dwindling native propulations? 2 . Will the nursery guarantee them for at least two grow- ing seasons? Wild plants should not be dug from any public lands. Private landowners ' permission should be obtained before digging any plants from their lands . PLANT NAMES \ Upo n embarking on a landscaping project, you will be con- fronted by ' a bewildering array of Latin (scientific) names for plants - some as long as nine syllables ! As formidable as these may seem, you are best. advised to use them (at least in your correspondence - you can avoid pronunciation this way! ) to insure that the plants you get are exactly the. ones you want. When a common name is used, the nursery might substitute a non-native or hybrid variety. This has- happened from time to time to many people . LEGAL CONSIDERATIONS The Madison municipal. code and local utilities have various rules and regulations relating to planting on City lands and utility easements. Before you start planning, the City should be consulted in relation to where your property lines are located. Also local utilities should be contacted to determine the location of any underground lines they might have in the area. MAINTENANCE An idea that is implicit in this booklet is the need for the person who is landscaping in this manner to be aware that maintenance is still necessary. Sunlit plantings, for example, are often plagued by quack grass and thistles. Proper site preparation can help you reduce this. The books listed at the end, of this booklet can provide you with a great deal of information. 17 TRANSITIONS Gradual changes from one type of landscaping to another are often used in designs . If your site is the only one of its kind in a block of traditional lawns, you can soften the visual impact by providing for a transition. Techniques that can assist you in easing abrupt changes in the appear- ance of your site in relation to your neighbors ' have been designated as: "showy gardens" , "incremental transforma- tions" and "gradual transitions" . It is possible to use one or all of the above in varying ratios. SHOWY GARDENS Many native species are used in a wide variety of flower gardens . A planting could emphasize these species especial- ly in places that are readily viewed by the public . A few of these species are listed below and can be found in the plant - identification books at the end of this booklet. Prairie Pasque flower (Anemone ap tens ) Butterfly weed (Asclepias tuberosa) Hare bell (Campanula rotundifolia) Shooting star (Dodecatheon meadia) Blazing start (Liatris aspera) - New England aster (Aster .novae-angliae) Black eyed susan2 (Rudbeckia hirta) Prairie/Downy phlox (Phlox ip losa,). Woodland Large flowered trillium (Trillium grandiflorum) Bloodroot (Sanguinaria canadensis) Columbine (Aguilegia canadensis ) Cardinal flower (Lobelia cardinalis ) 1 May need staking if not planted with grasses 2 Biennial 3 Short lived 18 INCREMENTAL TRANSFORMATION The basic idea here is for you to gradually change your landscape year by year. This technique is valuable from two aspects. The first is that .as. you first enter into this kind of planting you will undoubtedly do things you would like to change . If done on a small enough scale, time will be available to do this "puttering" . In addition, you will have to weed less during establishment of the landscape. In terms of the neighborhood, not only will your friends and neighbors see a "well kept" planting, but they will have time to become accustomed to . it. Each year you can expand your plantings toward your own personal goal or end product. GRADUAL TRANSITIONS Many native shrubs, vines and trees are used in traditional landscape plantings. In addition, many non-native plants are related in appearance to natives. Examples of the former are grey dogwood (Cornus racemosa ) , ninebark (Physocarpus opulifolius ) , shrub potentilla (Potentilla fruticosa) , red oak (Quercus rubra) , hackberry (Celtis occidentalis ) , white ash (Fraxinus americana) and paper birch (Betula papyri- fera ) . Examples of the later include junipers (Juniperus sp2. ) , arbor vitaes (Thuja spp. )., maples (Acer spp. ) , roses (Rosa spp. ) , and European and Asian birches (Betula Non woody flowering plants (except grasses) can also be used. The method for you to consider is the use of native species that either duplicate or match those on the adjoining pro- perty. Illustrations of some possibilities are shown on the following three. pages . 19 W SITS g SITS �l't ; �s...` ': Pty SCRI�TI®Rl `F Lower- BEo. LINES ' SITE A HAS A METICULOUSLY CARED FOR 5 H FOZ&AAL P ES AA EN- • FLOWER SZD 'TREE5 ARE. � .NWED SAND S-fRE.ET CLIPPE•v To CoNF01ZM TO RECTANGULAR kNV 012CULAR No?.TN� SHAPES. o :; PRp.IRIE PL43TI N G '•'.' , AlQ .,` ' �0.....PPT , ' Lawn LOW GROWING NATNE SHRUBS THAT ARE USE.o .IN MAWY TRADITIONAL PLANTIN 5 NXH A5 SHRU e FOTE NTI LL P.. ARE.. ' pLAN"T'ED IN A SE9IE5 OF -SMOOTH CuRYES AT THE. FRONT c: CORNER OF SrTr- 8 A NATIVE. SERVICEBERIEY SEM1-<=ORMAL IN AIFFF- 0ZA,NC L 15 PLAN-MD AFTER SITE PROVI PP- A, TOMSITION TO SITE 15. ADJOINING SITE ZECTI L. INF AR OA rn rz y OT TQ 'w-v r' N kA fn o LA Ln In x7g7orrimu o 79 70 D _ 'U z cmGn'� m - In LA rn rn U314vi r03-4 P. m rn m LSITE f • PROPERTY LINES ®ECR�P°Tl®A1 'THE VEGETA'T ION OF 517E A CON 5I 5TS OF LAWN ONLY . . . . ,; . . . . `THE OWNE125 OF SITL E HAVE DECIDED TO NATURALIZE STPF-ET THEIR FRONT YAT-D. THEY ALSO WANT TO CjZLATS A SENSE NORTH OF PRIVACY ACT TH1r FRONT OF THEIR HOUSE. • OLUTI W4 LAWN . ' • , ' OVERLAPPING GZOUPS OF SHRUBS OF VARIOUS HEIGHTS ARE . PLAN?flp AT THE FRONT OF SITE B. THIS ESTABLISHES A feeLING OF PRI YACY WITHOUT ToTALL`f ENCLoSINc3 THE FRONT YARD. SOMF6 LAWN 15 MAINTAINED AT THE SIDEWALK TO SOFTLN THf. 'IRAN SIT I OK FROM SITE A TO SITE S. . All DJ0ININr SITE HAS LAWN ONL`C SELECTED BIBLIOGRAPHY Attitude Leopold, Aldo, Sand County Almanac (various editions ) Thoreau, Henry David, Walden (various editions) Learning to Look (written for the non-technical audience unless noted) Curtis, J. T. , 1971, The Vegetation of Wisconsin, University Press, Madison (technical ) Farb,' Peter, 1959, Living Earth , Harper & Row, New York Platt, Rutherford, 1965, The Great American Forest Reich, Binda, A Guide to the Arboretum Prairies, University of Wisconsin Friends of the Arboretum (Introduction to Prairie Ecology) , 1207 Seminole Hwy. , Madison, WI. , $2.00 Swink, Floyd, and .Gerould Wilhelm, 1979, Plants of the Chicago .Region The Morton Arboretum, Lisle, Illinois (technical ) Thompson, Betty Flanders, . 1977, The Shaping of America's Heartland, Houghton Mifflin Co. , Boston Watts, May Thielgaard, 1975, Reading The Landscape of America, Collier Books, New York Plant Identification Brown, Lauren, . 1979 , Grasses: An Identification Guide, Houghton Mifflin Co. , Boston (moderately difficult) Cobb, Boughton,. 1963, A Field Guide to the Ferns, Houghton ,Mifflin Co. , Boston (moderately difficult) . Courtenay, Booth and James Zimmerman, 1972, Wildflowers and Weeds, Van Nostrand Reinhold Co. , ' New York (photographs - not difficult) Fassett, Norman, 1976, Spring Flora of Wisconsin, University of Wisconsin Press, Madison, WI(technical ) . Peterson, Roger T. and Margaret McKenny, 1968, A Field Guide to Wildflowers of Northeastern and Northcentral. North America, Houghton Mifflin Co. , Boston (plants grouped _ by flower color - not difficult ) Petrides, George A. , 1958, A Field Guide to Trees and Shrubs, Houghton Mifflin Co. , Boston (not difficult) Rosendahl, Carl 0. , 1970, Trees and Shrubs of the Upper Midwest, University of Minnesota Press, Minneapolis, MN (technical ) 23 Site Analysis & Design (all are written for a non-technical audience) Brookes, John, 1979, Room Outside, Penquin Books, New York Di ekelmann, John and Robert Schuster, 1980, Landscaping with Native Plant Communities: An Ecological Alternative, McGraw-Hill, New York Grant, John A. and Carol L. Grant, 1978, Garden Design Illustrated, University of Washington Press, Seattle, WA Morrison, Darrel , in preparation, The Native Plant Community Approach to Landscape Design, University of Wisconsin- Extension Bulletin Propagation, Establishment & Maintenance (all are written for a non-technical audience ) Birdseye, Clarence and Eleanor G. , 1972, Growing Woodland Plants, Dover, New York Diekelmann, John and Robert Schuster, 1980, Landscaping with Native Plant Communities: An Ecological Alternative, McGraw-Hill, New York Foster, F. Gordon, 1964, The Gardener's Fern Book, D. Van Nostrand, Princeton Morrison, Darrel , in- preparation, The Native Plant Community Approach to Landscape Design, University of Wisconsin-Extension Bulletin Nichols, Stan and Lynn Entine, Prairie Primer, University of Wisconsin-Extension Bulletin G2736 Rock, Harold, 1971, Prairie Propagation Handbook, Boerner Botanicial Gardens, Wehr Nature Center, 5879 S. 92nd St. , Hales Corners, WI 53130, $1 .50 . Smith, J. Robert and Beatrice Smith, 1980, Growing Prairie Plants - A Beginner 's Guide, University of Wisconsin Press, Madison Sperka , Marie, 1973, Growing Wildflowers: A Gardener's Guide, Harper & Row, New York Steffek, Edwin,' 1973, Wildflowers and How to Grow Them, Crown Publishers, Inc. , New York Taylor, Kathryn S. and Stephen F. Hamblin, 1963, Handbook of Wild Flower Cultivation, Collier, New York August 23, 2004 John Malenick St. Anthony Code Enforcement Department St. Anthony Village .3 3 01 Silver Lake Road St. Anthony, Minnesota 55418-1699 Re: Ward Condition, 2813 Silver Lake Road Dear John, In response to your August 15'h letter, and conversations between your office and Prairie Restoration, Inc. personnel that took place on August 20a', I knocked-on the door of thirteen of our neighbors on Saturday, August 21". Armed with a letter and a personal commitment I approached all of the homes on Hwy 8 to our south(2812 to 2832) and all of the homes on our block of Silver Lake Road (2801 to 2839). Six of our neighbors answered their door and spoke with me. . One of the neighbors spent about 45 minutes with me and expressed their concerns"I think you're crazy" "I don't understand it". I left their home feeling good about our discussion and our relationship but I don't think they are about to change their yard over to a prairie. The other five neighbors I spoke with were noncommittal, unaware, unconcerned, or supportive of"what ever you want to do in your own home and yard". The point of my contacting the neighbors was to let them know that our space is not a"lazy neighbor's" neglected yard but a prairie restoration project. We want our neighbors to know that our motivation is environmental and economical(even though the initial installation and maintenance is quite expensive) including the following points: 1. The petroleum used to mow is better used in other ways. 2. Mowing the large yard every week pollutes the air and disturbs the quiet. 3. That noxious weeds will always be removed when discovered and that the prairie is professionally maintained. 4. That once matured, the prairie plants will not need watering. 5. That native song birds will thrive in the matured prairie. 6. Next year there will be a path through the prairie and a bench, for quiet reflection, for any of the neighbors to use. 7. The prairie will be the largest garden in the neighborhood, providing a variety of color, motion and natural beauty to enjoy. 8. That our restored prairie expresses our connectedness with the earth. At each home visited on Saturday the attached letter that includes my name and number was left. They can contact me with further questions or concerns. I am asking our neighbors and the city of St. Anthony Village to allow this change to take place. Sincerely, Tony Jordan Cc.Prairie Restoration y 'T 4 n Ho Neivahtbor . 6 Regarding the = backyard of 2813 Silver Lk. I received a notice from the City that indicated a concern expressed by the neighbors about our backyard. The city staff indicated I should talk with my neighbors about what we are doing in an effort to have everyone be OK with the change that is occuring. After years of mowing our yard and being unhappy with the environmental& financial impact of doing so we looked for an alternative. We have hired Prairie Restoration, Inc. to transform our backyard back to a "virgin" prairie. Our yard is at the end of the first year of a process that will take a few years to mature. The goal is to have the biggest natural garden(prairie) in the city. Prairie Restoration has also been hired to do managment &will be mowing the yard this fall. The only plants in the yard are Minnesota flowers and grasses. All noxious weeds are pulled when regonized. By next year there is to be a path winding through the yard with a bench located in a quiet spot for peaceful reflection. Please call with any questions, suggestions or concerns. Please give us time to have this yard mature. Thank you, Tony Jordan (651) 482-9608 CHAPTER 8. STREETS, SIDEWALKS AND WEED CONTROL i Section 800-LOAD REGULATIONS AND RESTRICTIONS 800.00 Restriction on Loads. The Manager will by written order pursuant to Minn. Stat. § 169.87 prohibit the operation of vehicles, or restrict the weight of vehicles,upon any City street which by reason of deterioration, rain, snow or other climactic conditions will be seriously damaged or destroyed without such restrictions. The Manager will have the street affected by the order posted with notice in the manner provided in Minn. Stat. § 169.87. It is unlawful for any person to operate any vehicle or combination of vehicles on a City street or highway contrary to the prohibition or restriction set forth in the order and notice. Section 805 - OBSTRUCTIONS IN PUBLIC WAYS 805.01 Obstructions Prohibited. No person, except under a proper building permit issued by the Manager, shall obstruct or encumberany sidewalk, street, avenue, alley, lane or other public way in the City with stone,brick, sand, lumber or other material or property, except as permitted in this Code. 805.02 Removal of Obstruction and Expense. When an obstruction is placed or left on a street or other public way contrary to Section 805.01, the City will notify the person who placed or left such obstruction and the owner of the abutting property to immediately remove the same. If the person fails or refuses to remove the obstruction within a reasonable time,it may be removed by the City. The person responsible for the obstruction shall reimburse the City for the cost of removal within 10 days after receiving an invoice from the City. Section 810-SIDEWALKS AND WEED CONTROL 810.01 Snow, Ice,Dirt and Rubbish Removal The owner and the occupant of property adjacent to a.public sidewalk must use due diligence to keep the walk safe for pedestrians. No such owner or occupant may allow snow, ice, dirt or rubbish to remain on the walk longer than 12 hours after it has been deposited. 810.02 Repair of Sidewalks. The owner of any property within the City abutting a public sidewalk is required to promptly notify the City if the sidewalk is in need of repair and is not safe for pedestrians. 810.03 Weed Control. Any weeds or grasses,whether noxious as defined by law or not, growing outside the traveled portion of any City street or alley, or growing on private property, to a greater height than 6 inches or which have gone or are about to go to seed must be cut or removed by the owner of the abutting property if within the City right—of—way, and by the owner of the property upon they are growing if they are outside the right—of—way. 8-1 810.04 Notice and Compliance. If conditions exist in violation of Sections 810.01, 810.02, or ' 810.03, the City may order the owner or occupant to have the conditions corrected by written notice to the occupant or to the owner at the address of the taxpayer for the property as shown by the City's records. The order will require the conditions to be corrected within 5 days after receipt of the notice, or in the case of sidewalk repairs within 30 days. The notice will state that in case of noncompliance,the work will be done by the City at the expense of the owner and that if unpaid,the charge for the work will be made a special assessment against the owner's property. If the owner or occupant fails to comply with the notice within the required period,the City's Director of Public Works may have the conditions corrected. The Director of Public Works will keep a record showing the cost of the work attributable to each separate lot and parcel and will deliver such information to the Clerk. 810.05' Personal Liability. The owner of property on which or adjacent to which a service referred to in Section 810.04 has been performed shall be personally liable for the cost of the service. As soon as the service has been completed and the cost determined, the Clerk will prepare a bill and mail it to the owner. The amount billed is immediately due and payable at the office of the Clerk. 8.10.06 Assessment. On or before September 1st of each year, the Clerk is to list all unpaid charges referred to in Section 810.05 against each separate lot or parcel to which they are attributable. The Council may then spread the charges against property benefitted as a special assessment under Minn. Stat. § 429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. Section 815 -TREES AND SHRUBS ON THE PUBLIC RIGHT OF WAY 815.01 Definition. For the purpose of this Section,"public right—of—way"means the area between the proposed or existing curb line and the property line of land abutting on any City street. 815.02 Planting Prohibited. No person may plant any tree or shrub on the public right-of—way without the permit referred to in Section 815.04. 815.03 Care and Removal. The owner of land abutting a public right—of--way is to perform all care and maintenance of trees and shrubs on the abutting public right—of--way. The Manager may order an abutting owner to trim or remove any tree or shrub that is diseased, dangerous, a public nuisance, or planted contrary to this Section. If the owner fails to comply with'the order, the Council may order the work done and assess the cost of the work against the abutting land in the same manner as other assessments for municipal improvements. 8-2 Planning, producing, protecting... PRI offers full-service package j • installation services • materials access } ' Contracted installations are the heart and soul of Essential to the success of PRI projects is the fact PRI's business. We complete successful projects by that almost all seeds and plants are produced at making the best possible use of the materials, our Princeton, Hawley or Munger sites, meaning PRI has state—of—the—art equipment for handling prescribed burns. Selective weed control is sometimes necessary in early growing years. techniques and equipment we know will work. they are genuinely site-specific and readily available. Low maintenance, not NO maintenance... PRI has planted more acres, on more sites, using a Because we do not have to rely on other producers, our greater variety of plant materials than any other customers are assured of the availability of the key Managing your native landscape restoration company in the Upper Midwest. Whether building blocks needed to create successful, diverse, high PRI will evaluate your native or restored site and recommend a specific management strategy to maintain a healthy your project is large or small, there are many quality native landscapes. natural landscape. Services include: good reasons to turn to PRI. • expertise • Long-term management plans Well-conceived plans provide a critical link to good resource management. Staff develop practical,realistic plans by assessing • site evaluations and design proposals Our experience with and understanding of native site history,existing plant communities,potential management problems and suggesting annual work schedules and manage- A staff ecologist will inspect our site to learn ment recommendations. These plans are especially helpful to managers of corporate grounds, business campuses,golf cours- g p y plant community restorations are extensive. PRI es,parks and large residential sites. To achieve maximum results we prefer to include landowners and grounds personnel in the planning about its soils,slope,size,existing vegetation and knows how to solve problems, improvise when necessary other environmental elements.A list of species and achieve quality results—staking our reputation on process. specific to your location and an outline of each and every project. We offer a competent full- • Prescribed burn management recommended restoration procedures and materials time staff of 40 educated,experienced, committed Historically,fires played a significant role in the health of grassland ecosystems by discouraging proliferation of woody plants will be prepared for you. For public, commercial or individuals who are eager to assure you a success- and exotic species. PRI has the staff, equipment, training and experience to acquire the necessary state and local permits and safely carry corporate projects, site evaluations and proposals are ful restoration project. Five service locations posi- out prescribed burns on prairie sites of all types and sizes. free. For residential installations, not involving an tion our crews closer to your project for efficiency • Exotic species control architect or landscape architect,a flat fee of $100 and economy. A healthy,natural landscape includes a mix of native plants coexisting in balance with each other and the conditions of is applied against the total cost of PRI-implemented the site they occupy. Invasive exotic (non-native) plants can upset this balance by out-competing and displacing native projects. species. Weedy plants like leafy spurge, Canada thistle, buckthorn and sweet clover are examples of invasive species that pose serious threats to remnant and restored landscapes. PRI has management strategies and services to control these and other exotics. Psst... prairie restoration in progress; patience required First year prairies are generally mowed once or twice. Second year prairies begin to bloom and show signs of stability. Mature prairies take three or more years to develop into diverse, colorful, low maintenance landscapes. t 5 Prairies, wetlands, woodlands, shorelines... What makes Not all native landscapes alike a lant community native? p Y There is a native plant community for every site. extend the period of vulnerability, requiring some Native landscapes consist of diverse, indigenous While Minnesota ecologists recognize 58 separate special measures such as: cover crops of oats or species that have adapted, over thousands of ears to types, many have been greatly altered from their wheat, and/or light mulching with clean oat, wheat y ,ears extremes and local soils. Minnesota has four natural state and present serious challenges for or prairie straw primary plant communities restorationists. While the methods for restoring some sites may be obvious,other situations present High-traffic areas present special problems. unique challenges requiring special considerations. While native plantings are ecologically sound and • Prairies are open grasslands that occur in require less heavily shaded -` ° -�- ess ma � relatively dry climates where precipitation levels are., nance than turf, generally areas competition ti '� they are not a good g y inadequate for optimum tree growth.The from tree roots Vii' a solution in areas of grasses and wildflowers of some prairies are tall and dense while other prairies—depending upon soil and presents a difficult heavy foot traffic. moisture conditions—are sparsely covered with short challenge, requiring A balance between Savanna - an enchanting mix of trees and prairie. grass and Flower species.While pre-settlement woodland wildflow- turf areas and Minnesota included nearly 18 million acres of prairie, ers and other natural areas works shade-tolerant best, the ratio being today only about 150,000 acres remain. native p lants. Prairie determined by grasses and flowers individual needs • are sun-loving plants � � site constraints and Savannas usually provide the transition between that can adapt to open prairie and woodlands, occurring where precipi- P design objectives. tation can support widely scattered,drought-resistant edge areas and the Generally,a higher trees. While prairie grasses and wildflowers dominate partial shade of percentage of natural the ground cover, scattered bur and pin oaks are not open woodlands but area works well on uncommon. PRI's headquarters near Princeton is should not be used larger sites while located on the Anoka Sand Plain in an area that was in fully-shaded sites. small, residential In close proximity sites may be most once savanna. to shallow-rooted successful when less trees like maple and than half the avail- • Woodlands include the mixed conifer forests of basswood,deep- able area is natural. northern Minnesota and the deciduous hardwood rooted prairie forests of the central and southeast. Forest communities species are not the Designed areas Woodland — a rich maple—basswood forest right choice. also exhibit diverse characteristics that are dependent g often require ongoing on climate, moisture and soil conditions. PRI's However, they are maintenance to hold enhancement work in woodlands often begins with well suited to land- the desired patterns, scapes with scattered textures and colors removal of the aggressive exotic, buckthorn. deep-rooted oaks. of the design. In erodible areas While non-native • Wetlands can occur within any plant community ornamentals can be prairie grasses and Prairie smoke (Genum triflorum) seed heads in June, included in these and include plants that adapt best to saturated soil or wildflowers are an standing water. Wetlands include marshes, fens and the designs, native banks of rivers,streams and lakes. Wetland plant excellent solution. Deep root systems hold soil and plants provide an interesting, more natural, less communities are essential to a healthy environment, low-maintenance prairie perennials provide ongoing intensively managed alternative. PRI does not use primarily because of their storage and filtering protection from water and wind. However,any non-native ornamentals in designed settings, but we capacities, and great efforts are necessary to define, planting on a steep area is vulnerable to washouts occasionally work with other contractors who do. protect and restore them. Increasingly, PRI is participat- and the slow top growth of prairie perennials may ing in significant shoreline stabilization projects,as well as the restoration of conventional basin type wetlands. Wetland— a central Minnesota marsh; includes Joe—pye weed(Eupatorium maculatum) and giant sunflower(Helianthus giganteus). 3 A few words from the president... Home kits now available ; : -'+r Prairies and a whole lot more ! PI,ANiUVG � � especially for do-it-yourselfers ,•, u At Prairie Restorations,Inc.(PRI) we've designed,restored and tBi i , -� �r� ' � managed more than 20,000 acres of prairie,wetland,woodland (: r - �•„ Many homeowners want to develop a self-sustaining natural plant . and shoreline since 1977. We take our work seriously. Healthy r community on their own. While it is hard to argue with time and societies - including individuals,commune- DO NOT money-saving factors, the benefits of a natural landscape extend far p depend yF i e mow OItSPRAY ties,plant and animal species beyond finances and low maintenance weekends. Diverse natural areas enrich - on healthy environments and we know that r both the environment and PRI customers by making optimum use of existing soil undisturbed native plant communities pro- , and water conditions to provide critical habitat for songbirds, butterflies wildlife ' < vide health diverse environments. Our +a- , y, T ; ,� _ and even essential insects. As plantings mature it is often the colorful, F ' mission is to protect these landscapes where 4. ever-changing beauty of natural landscapes that customers rate as the they exist and restore them where they most significant plus of" g p going native." have been destroyed or disturbed. To this tt_ , end we are committed to producing the Bad hair day on ra �� Creating' g your own natural landscape is a relatively simple task with a PRI Home highest quality services and materials for the prairie. Prairie IQ4 Home Woodland Kit or Shoreline Restoration Mt. Prices and contents �• h .. a our customers and are confident that we have the leadership, ti differ depending on type and site size but usually include seed mixes, d knowledge and experience necessary to provide the best seeds, seedlings,video instructions,a plant identification book and PRI bag. plants and services in the Upper Midwest. A Prairie Kit that will cover 1000 square feet is priced at about $175. 1 Our business exists because we have the good fortune to. Seeds, plants and gifts... serve people who believe in that one homeowner,one corporation,one park can make a Check out PRI retail shop and website difference. Thanks for believing in this mission and for team- - ing with PRI to get this most important work done. Our Princeton location features a retail operation that carries PRI-grown native seed mixes and potted plants, a variety of bircifeeders, birdhouses, nature books, unique nature-focused children's gift items,games,decora- tive garden accessories and more. Customers are invited to use our in-house computer program, PRESTO,to Restored prairie in July, orange butterfly weed(Asclepias tuberosa), determine the best selection of species for their particular site. Knowledgeable staff will answer questions yellow stiff tickseed (Coreopsis palmata) and purple hoary vervain Ron Bowen q and offer suggestions to ensure the success of native landscaping projects. (Verbena stricta). President - - -- - - - -_ Retail Hours: April-December:9-5 Monday-Friday; April-June:9-2 Saturday/Sunday; July-October: 9-2 Saturday. at IV�� �a�d��c��ii� . ..th� I�l���' t�'�n� ��. d� To visit the retail shop in Princeton: From the south, take 169 north to county road 9 (about three miles "Going wild" s.,a good-idea fo>. thany_reason -some:ob'vlous and practical, others more subtle. PR'I.;custo.mers south of Princeton); turn west on county 9 for one half mile; turn north on county 45 for three miles and resid0itial", cot-poratg,' nd,'public S'ecto'r- 4m'e ->;ou-nd that re p.ggg'AAtive';pla,t3t comet nitbesyrc�i�l-ctes loth watch for PRI sign on the left. From the north,take 169 to Rum River Drive on the south edge of Princeton; by ixs`and' peirhaps,-n1ost sign tflGd�ilt1 411,owS pr'oj)E'YCy �1N11t'r$ Y�I� o.j3port�(nTty t0.ljelte�O�J a�IEI'�Xpr€'�5; turn west (right) for one quarter mile to Tstop; turn left on county 45 for one half mile to PRI sign on the their Own ignd ethic Tliere- a±e ,three �irnportant rarwnales to,.considecwhen restorir�� native,Mant.commiftn�ties. right. For further information visit www.prairieresto.com or call 1-800-837-5986. LC� Og1Ca 1]1C t eSS` Motive Iai rdscapes ` $Ea U y- Native landscapes. prVytcle .eveiK'hatlg - - `„ - P-tincetar ma'ke�opdit'1ai� :trsg bf exisdrn� watVr- nc1 so4l pa p- ing environments.of color, ligh4 Wtur� :small and - ertigs even further.entt c ^. r. Rum Rivet Dfivb an 1ng those,,resaut-ces tat motion fir:people,as well as plur�tefing d an _ ; r.k� , . ..... •:1�.�j�- „� ��: � .�,�� :_� r �—^; : _ _ its- some cases,Svt7s are;'leliabil(tated wrier "s iW ined and oo�er ,f `r,wildlife..; x}, ; Is q, s We are h r , songbirds alirivt While native {plant eortirhu'nit ies `�.c©Rd d� t � � involve same`ntainttnance they rarely re coe�`�'l , t tp N _olluxin power ,'ui� mgt, ei ical her Ul ides' casts less than a'v -based bidsca:e to i slcii! i iess a am to S1YOv 169 e�strcides or' fe.ntiFizers.RekcQ tci lancisra,es ;uvide matntain.Altlioi.tgh it may,.6e-a'few Princeton p h p years befog a natural St.Cloud lawn ,ben4is to both propterty c�wner s�n�i the fancfischtie �s (ulfy=estabtisheci,once it�at�tre it veil last poi _ .? - .,. . � .. _.. .,, . - r - !- • �9 H 169 a. envrrpArnent.coni�eeCrng.peppte:a.ncf'the land they- rreratiots utntfi rt}in(ma}atteniriorr.: • -sa. Elk13iver I- s t �nage to .tiean(ngft d at�d productive Mpls/St.Paul Plant production using local seed provides excellent options. Now in five locations • PRI's Princeton headquarters includes administrative offices,seed production fields,flower plots,greenhouses,seed cleaning and retail operations. Address: P.Ct Box 327, Princeton,MN 55371;Phone:763-389-4342; Fax: 763-389-4346; E-mail: info@ prairieresto.com. • Bluestem Farm - 20 miles southeast of Moorhead,MN on the edge of the Red River Valley; includes staff offices, seed fields and a base for equipment and materials to service western Minnesota and the eastern Dakotas. 0 ® ® Q Address: P.O Box 1027, Hawley,MN 56549; Phone:218-498-0260; Fax: 218-498-2862; • I I • E-mail: pribs @corpcomm.net. • Prairie Creek Farm - six miles east of Northfield,MN; headquarters for personnel and equipment to serve the south metro area,Rochester,Northfield and other areas to the south. Address: P.O. Box 305,Cannon Falls,MN 55009; Phone: 507-663-1091; Fax: 507-663-1228; E-mail: pri @rconnect.com. Pink prairie rose (Rosa arkansana) and purple western spiderwort Boreal Natives - twelve miles west of Duluth; produces (Tradescantia occidentalis). • greenhouse seedling plants for woodland,wetland and shore- line restoration projects throughout northeast Minnesota - Prairie and northwest Wisconsin. Address: 3943 Munger Shaw Road, Cloquet,MN 55720; Phone:218-729-7001; Fax:218-729-7007; Restorations, Inc, E-mail: prairie @cpinternet.com. Bringing people together with the land • Watertown - PRI's newest site located in a small industrial park on the edge of downtown Watertown,just 20 miles from Ridgedale Shopping Center. Provides a base PRI range... for personnel and equipment to serve the west suburbs and Upper midwest region Lake Minnetonka area. Address: P.O 1127,Watertown, MN 55388; Phone: 952-955-3400; Fax:952-955-3401; We are committed to providing the highest quality E-mail:seinde @prairieresto.com. native grass and wildflower seeds and plants,grown in production plots rather than gathered from }}� natural stands.Thus,we are able to maintain purity, _`�'� control quality and improve production without - having a destructive impact on native remnants. •Bluestem Farm " t� [Nor.thkota • oreal Nati6e'_`�` We rely on local genotypes in an effort to imitate the natural character and distribution of plant Princeton. •Waterto n gene pools,generally limiting product sales to • rairleCreekOffice within a 200-mile radius of our production centers 1 in Princeton, Hawley and Munger, Minnesota. For South Dakota Mlnnasoa projects beyond those ranges,we provide consulting, —~ —��-•. .��� • V • • • • , custom-grown materials, installation and land man- agement services. l�� Nebreska ,� minwa • • Printed on Recycled Paper