The Public Hearing held on August 1, 2013 was published in the Anoka County Union.

There are a number of performance standards to consider as it relates to the Highway 10 Corridor including, but not limited to, off-street parking, surfacing requirements, outside storage, and building materials. This ordinance focuses specifically on surfacing requirements due to the volume of requests received. Staff will forward a more comprehensive review of performance standards in the near future.

Surfacing

The proposed ordinance permits a waiver of standard surfacing requirements of asphalt or concrete with continuous curb and gutter. The exemption would apply to the defined area ("Impact Area") of the following:

• Properties located within the Highway 10 Official Map 
• Properties specifically identified for acquisition in the approved Environmental Assessment review documents for the grade separated interchanges on US Highway 10 at Sunfish Lake Boulevard, Ramsey Boulevard, and Armstrong Boulevard

Staff would recommend the following standards as identified in the attached, proposed ordinance:

• Utilized to expand existing parking, maneuvering and display areas only 
• A minimum setback of five (5) feet from the edge of stormwater ponds and other sloped areas (to prevent erosion issues)
• A minimum setback of twenty (20) feet from all right of way lines (existing code provision)
• Area should be screened; opaque fence acceptable
• Encouragement of additional vegetative screening (not required); City reserves right to require additional vegetative screening if necessary to mitigate identified concern(s) on a specific parcel
• Class V gravel, recycled concrete, and recycled asphalt are identified as the acceptable alternatives

The recommended process for approval of alternative surfaces in this scenario is the granting of an Interim Use Permit. An Interim Use Permit is a tool available to the City to permit a use that may be acceptable under current circumstances, but would not be acceptable in the future. The termination date shall be tied to an identifiable date or event in the future. In this case, the eventual conversion of Highway 10 to freeway status and acquisition of entire parcels provides an event that may make this interim use acceptable today, but not acceptable when Highway 10 is eventually upgraded. City Code allows interim uses to be approved for a maximum of five (5) years unless otherwise approved by City Council. City Code states the following in regards to interim uses:
Sec. 117-52. - Interim use permits.
Recent advancements in the Highway 10 project, most notably the successful grant application in the amount of ten million dollars towards the Armstrong Boulevard Interchange project, create a threshold in order to review performance standards in this interim area. The City continues to strive to strike a balance between aesthetics, equitable regulations, and areas in transition due to future public improvements. The Highway 10 corridor is a key node for the community, and therefore it is important to regularly review the City's ordinances and policies. 

Staff recommends that it is important to adopt this ordinance if the City Council desires to increase the flexibility in surfacing requirements. This will help the City clearly identify when the proposed surfaces are acceptable for use so that Staff can equitably enforce the City's ordinances.

The Planning Commission recommends approval of Ordinance #13-16.

Preparation of the ordinance is being handled as part of normal Staff duties.

Motion to waive the City Charter requirement to read the ordinance aloud -AND- adopt Ordinance #13-16.

Roll Call Vote:

Councilmember Johns
Councilmember Kuzma
Councilmember Tossey
Councilmember Riley
Councilmember Backous
Councilmember LeTourneau
Mayor Strommen