HomeMy WebLinkAbout1991 06-18 City Council & Planning Commission MeetingJOINT CITY COUNCIL /PLANNING COMMISSION MEETING
JUNE 18, 1991
MAPLEWOOD ROOM
7:00 P.M.
1830 EAST COUNTY ROAD B
MAPLEWOOD, MINNESOTA
The Planning Commission requested the following agenda:
1. Group Home Spacing
2. Code Change: Single and Double Dwellings
3. Planned Unit Developments
4. Conditional Use Permits for Commercial Zoning Districts
50 Open Space
6, Long -Range Vision of the City
7. Other items?
MEMORANDUM
TO: City ManagerFROM: Director of Community DevelopmentopmentSUBJECT:Group Homes
DATE: June 13, 1991
The City Council, on February 14 asked staffaff to determine if theCitycanaminimumseparationpnbetweengrouphomes.
State law states that a rou home 1'g , p licensed for six or fewer
Ipersonsisapermitteduse n a single famil zonin 'The law also states that. Y g district.
a group home licensed for seven tosixteenpersonsisapermitteduse • ngInamultipledwellingdistrict. The law allows a city to re •permit in multi Y quire a Conditional usepledwellingdistricts. A city cannot requirequiremorerestrictiveconditionsfor ' group homes than they do forother - Condit Tonal uses in the same district.
Staff is trying to determine whether the •law allows cities torequireaseparationbetweenrouhomes
sln re
g P and what the Statelicenlicensingrequireforaseparation. The lawspecialrightstocitiesofthefirstclass
glues
such as St. Paul,St Paul requires a minimum of 1320 feet
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between group homes.The Attorney General's office believes that other cities canrequireseparationbetweengprouhomes.
not
go /grouphom (5.1)
3
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MEMORANDUM
To:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City Manager
Director of community DevelopmentpmentCodeChange: Single and Double DwellingsJune11, 1991 g
The City Council and Plann Commiss
ate se
mission requested that staffinvestigateseveralissuesaboutthelocationofsingleanddoubledwellinghomesonalotThese
g
e inncluded:
10 Home orientation with the fro •
street,
fron of the house not facing the
29 Homes set further back than the adjacentt homes.
30 Too much lot coverage and 'g house size.
BACKGROUND
The City does not regulate home orientation 'maximum setbacks ormaximumhousesizes. The Cit does limit the lot area thataccessorybuildingscancover, such as garages aCityalsoregulatesminimum
g g and sheds. Thegnimumsetbacks. The minimum front andsetbackis30feetorwhateverthepredominant
Y
neighborhood ise p inapt setback in theTheminimumsideyardsetbackisatleasttofeetonahabitablesideandfivefeet
n
on a nonhabitable side.The City also. requires a rear yardofthe10Y setback of at least 20 percenttdepth.
DISCUSSION
We receive about two or three complaints ap year on the placementorsizeofdwellings, similar to the examples in the introductionabove. These complaints fall into three categories - homeorientationonthelot, setbacks and lot coverage,
Home orientation on the lot.
96 0 of the new homes built in the last ey ar faced the street.There have been a few problems though* Theg Council brought uptheproblemofahousenotfacingthestreetbecauseoftheat306.9 Bellaire Avenue. home
See the plan on page 8.) There aresomeuniquebuildingrestrictionsonthis' that prevented theusualhomeplacementonit - the owerline easementia -line
p ement and the.City's pipeline setback requirement. Another example is thehouseat1860Sterlingtreetown
p
g owned by Mrs. Welch. This housefacesthesidelotline. (See the 9esonmapsabuilderthoughtafutupages and 10.) The
ure street would be constructed in front ofthehousefromSterlingStreet. The street plans did not work
out. The neighbors to the south, on the north side of Knoll
Circle, Plehavecomplained that the house intrudes on their privacy.
Staff surveyed nineteen other.suburbs about their site location
requirements for sin le- dwellings. only three of the nineteen
cities require a house to face the street.
Requiring that the house be parallel to the street may cause some
problems* Some of the Councilmembers thought this was ,a problem
when the y saw the group home at 1362 Cope Avenue. This building
would not fit on the lot if it was parallel.to the street because
of the lot's unusual shape. The house was slightly rotated to
fit on the lot. (See the plan on page 15.) Builders of homes on
corner lots may also have a problem. Homes on these lots have
sometimes been placed at an angle to both streets. (Refer to the
p1 page examanonae18asan le.) Another difficult situation isp
when the home is not rectangular or when a person wishes to set
the g arage at an angle to the rest of the house. The map on page
19 shows examples of this. The City could not allow such site
designs if builders had to place homes parallel to the street.
Since these homes have not caused any complaints, we have not
included a requirement for a house to be parallel to a street.
The attached ordinances require that the -front of dwellings face
the street unless there is not an apparent front side. These
ordinances also a house to rotate up to 30 degrees from the
street line. Staff could approve a different orientation if any
of several condit ions are met.
Homes set back further than the adjacent homes
The City's front yard setback requirement is a minimum. A
builder can construct a house further back if it does not go into
the rear yard setback. We occasionally get a complaint that the
house set further back detracts from the privacy of adjacent
homes. The houses at 2616 Clarence Street and 882 Conner Court
are examples of this. (See the maps on pages 11 - 12.)
The attached ordinance recommended by staff (starting -on page 20)
requires that all homes be set back at least 30 feet, but not
more than 35 feet, from the front property line, 81% of the
homes built in the last year have a setback between 30 and 35
feet. Staff could approve a greater setback if any of several
conditions are met. I have included the usual appeal procedures
to the Design Review Board and Council.
The ordinance recommended by the Planning Commission (starting on
page 26) is not clear about what the front setback must be. It
says that it must be at least 30 feet back and /or at the
predominant setback. Does a builder use the 30 -foot minimum or
the predominant setback or both as the requirement?
2
Too much lot coverage and house 'size
The City regulates the minimum size of homes 'es in the City TheCitydoesnotdirectlyregulateyglatethemaximumsizeofhomes. Apersonmaybuildaslargeofahomeasthe 'setbacks. A way o .Y w lsh if they meet allycontrolthemaximumsizeofhomesistohaveamaximumlotcoveragerequirement. Settin a standard for areasonablemaximumlotcoverageisdifficult.
A Staff survey of nineteen other cities showed that only fourhaveamaximumlotcoverage. Those cities
le dwellings
use a maximum lotcoverageforsingflingsof30to35percent. The rouhomesat1362CopeAvenueand1685HowardStreetaretheono
p
lycomplaintsaboutthisroblemthathatIknowof. (See the maps onpages14through17.) These buildings have aboutfeetofbuildingcoverage*
41 ,050 squareggThelotat136CopeAvenueisthesmallestlotofthefivethatthesdeveloer '
on. It has developers these grouphomesaboutsquarefeet. The 4050-building covers 30 percent of this to o
of
t. This is shown on thesiteplanongrouppage15Thehomegpswouldmeetthelotcoveragerequirementsusedinothercities.
Limiting the house size would limit its •value. The City shouldencourageandnotdiscouragehighervaluehomesinaneighborhood. For these reasons, Staff is not recommending thattheCityadoptamaximumlotcoveragestandard.
RECOMMENDATIONS
Adopt the ordinance on pag 20. This 'g ordinance does thefollowing
110 It would require builders to build these structures with:
C 1 ? A 30 - 35 foot front yard setback or at •the predominantfrontyardsetbackonthatstreet. Staff could allow agreatersetbackifanyofseveralconditionsare :net.
2 ) The fro of the dwelling facia the stg reet. The homecouldberotatedupto30degreesfromthefrontlotlinewithoutstaffapproval,* Staff could allow afurtherrotationifanyofseveralconditionsCornerlotsareexcluded,
are met,
2. It would allow Staff to send an house plan •Y p to the CommunityDesignReviewBoardifthereisaestionaboutoutmeetingtheordinance. It also would allow anyone to appeal StaffsdecisiontotheBoardandeventuallytotheCouncil.
3
go /memo25.mem (5.1)
Attachments
1. Location Map
24 Location Map
3. Property Line /.Zoning Map
4. Site - Map (3069 Bellaire Avenue)
54 Property Line /Zoning Map (1860 Sterling Street)
60 Site Plan (1860 Sterling Street)
7, Property Line /Zoning Map
80 Site Map (2616 Clarence Street)
9, Property-Line/zoning Map (882 Conner Court)
10. Property Line /Zoning Map (1362 Cope Avenue)
11. Site Map (1362 Cope Avenue)
12. Property Line /Zoning Map
13. Site Map (1685 Howard Street)
140 Site Map (1113 South Lakewood Drive)
15. Site Map (1100 and 1,190 Frank Court)
169 Ordinance (staff recommendation)
1710 Ordinance (Planning Commission recommendation)
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REGISTERED UNDER LAWS OF STATE OF MINNESOTA
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4
IN
STAFF RECOMMENDATION
ORDINANCE N0.
AN ORDINANCE ABOUT THE FRONT YARD SETBACK REQUIREMENTS AND
BUILDING LOCATIONS FOR SINGLE AND DOUBLE DWELLINGS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS
additions are underlined and deletions are crossed out):
Section 1. Section 25 -65 is changed as follows:
Sec. 25 - 65. Approval of plans.
a) The Director of Community Development shall review all
plans for single,.dwellings or minor construction. The City
Council shall define minor construction by dollar valuations set
by resolution from time to time. Before approving the plans, the
Director must determine that the plans meet all City ordinances
and policies, including the design standards in Section 25- 70(b).
The Director may send any ,single dwelling or minor construction
to the Community Design Review Board.
b) Anyone may appeal the director's decision to the
Community Design Review Board within fifteen (15) days after the
director's decision. The Board's decision shall be final, unless
someone appeals it to the City Council within fifteen ( days
after the Board's decision.
c) The Community Design Review Board shall review all
other plans. The Board's decision shall be final, unless someone
appeals it to the City Council within fifteen (15) days after the
Board's decision. However, no person shall revise a plan that
the City Council originally approved without their approval.
Section 2. Section 25 - 66 (1) of the Design Review Board
ordinance is changed as follows.
1} To review all building plans, except
Gir1Li r1l.Li. Li\I\/LVVVi j V %-- -&- K%./ L+ vv, vaasva av..jv v vawr
proposals excluded from review under Section 25 -65.
Sign applications shall be reviewed as stated in
article III of Chapter 36.
Section 3. Section 36 -70 in the R - 1 Residence District (single
family) is changed as follows:
Sec. 36 - 70. Front yards.
Each 1 1 R SA.A..e -- 1'- =: i e:b' dwelling shall have a
front yard setback of at least thirty (30) feet , but , not _ more
than thirty-f . ( 3 5 ) feet. Except that, if the
majority of the dwellings on the same street and within- three
20 Attachment 16
hundred and. f i ft
a r
3 5 0 -3- feet of the lot to be buipedominantfrontyardsetback It on have
additio then all dwellinsonthatlot nas or
shall confo ` Me-veal - enrmtothatpredominantsetback. as aTheDirectorofCommun —lar er setback if Develo ment ma allow aitwouldnotadverselaffectthesurroundinroertiesandifdrains a of
a l •an of the followin conditions
1.. The Droposed setback would •not affect the rlvac ofad!acent homes.
2.. The ro osed. setb ack would save si nificant naturalfeaturesasdefinedinsectio1880
3• The setback is necessaryssar to meet Clt State or Federalrecrulationssuchastheieline •re ulations. setback or noise
4• The ro osed orientationtation is necessar for enercrv-ng health or safetv reasons
Thg .. city shall consider the fron t and setback as a minimum foraccessorbuildins. The Cit ma a rove a A conditional usepermit •to construct a build addition,a ddition,
or part thereof, •a ;mo .required setback. (Code 1965 9
into
1, 1 -14 -85 , 04.040; Ord. No. 576,
Section 4. .Section 36-
i
78 In the R -1 district s added asfollows:
Sec. 36 - 78. Dwelling orientation 'n interior lots.
The front of - a dwell in on an 'ublic street and interior lot shall face ashallbe .allowed to be ositionedthirt30dereean1ethestreet unless
u to afromthelineofdwellindoesnothaveanaa
s therentfrontside. The front isenerallthe1onersideoftheeandhasafrontdoor.This section shall notaDply to corner lots. The Director ofCommuniDevemeatmavallowadifferentorientationiftProposedorientationwouldnotadverselhe
surrroundin ro erties affect the drains a ofandifanofthefollowinconditionsa1itions
10 The prpposed orientation would not affect the Driv acofadhomes.
The. ro osed .orientation wouldld save si nificant naturalfeaturesasdefinedinsection9 -188.
21
2. The Droposed orientation would save significant natural
features , . as defined in section 9 - 188 .
3. The proposed orientation is necessary to meet City,
State or Federal recrulations, such as the ipipeliAV.,
setback or noise regulations.
40 The Droposed orientation is necessary for energy-
saving, health or safety_ reasons_
Section 50 Section 36 - 81 in the RE Residence Estate District is
changed as follows:
Sec. 36 - 81. Permitted and conditional uses.
Any permitted or conditional use permitted in an R -1
Residence District (single dwellin g ) is permitted in a R -
Residence Estate District. Such
I
uses are su e; t to the R=
re ulations except as stated in sections 36 - 82 and 36 - 83.
Section 60 Section 36 - 84.4 in the R -1S Small -Lot Single-DwellingDistrictischangedasfollows:
Sec., 36 -8494. Front yards.
Each 3-e dwellink shall have a front yard setback of at
least thirty (30) feet and /or shall be set to the
existing predominant setback on that street. The existiredomina.nt setback. shall be determined b '
2: :6 nth nr - ._. ,, ,.
r =- -- the, mai ority of the
dwellings on the same street and within three hundred a 'and fifftv
350 feet of the lot to be built on. The setback shall a 1 to
all dwellin and or additions on that lot. '
1 w i va v V 4. JV Ir< V J Li .L .. a i..` V \ ../ V / i_.r
The. Director. of
Community Development may allow a deviation from the predominantsetbackiftheroosedsetbackwouldnotadverselyaffectthedrainaaofsurroundingroertiesand. if nYa the followingI
conditions apply:
1. The proposed setback would not affect the privacy of
adiacent homes
29 The uroposed setback would save significant natural
features, as defined in Section 9 -188,
3. The proposed setback is necessary -to meet City, State
or Federal reaulations , such • as , the P ipe l ine setback or
noise reaulations.
W •J
4.. The DroDosed setback is necessary-for ener -savin
health or safety reasons
The City shall consider the front Ord setback as a minimum for
access ul in s The City may a rove a.conditional use
ermit to construct a building addition or part thereof, into a
reauired setback. fCode 1965,, 904.040; Ord. No. 576, 1s, 1= 14 -85)
Section 7. Section 36 -84.11 in the R -1S District is added as
follows:
Sec. 36 84.11. Dwellinct orientation.
The front of a dwell inc, on an interior lot shall face a
public street and shall allowed to be positioned up_ to a
thirty (30) decree angle from the line of the street,, unless the
dwelling does not have an apparent front side. The front is
generally the longer side of the building and has _a. front door,__
This section • ,shall _notapply_to„ corner lots. _ The, Director of
Community Development may allow a different orientation if the
proposed orientation would not adversely affect the drainage of
surrounding prop.ertie,s and if any of the following conditions
app. _
1. The proposed orientation would not affect the privacy
of ad'acent homes.
3 .. The proposed orientation would . save_ significant natural
features, as defined in Section 9 - 188,
39 The proposed orientation is necessary to meet City,
State or Federal regulations ,, such as the pipline
setback or , noise regulations.
4. The proposed orientation is necessary for energy
saving, health.or safety reasons
Section 8. Section 36 -89 in the R -2 Double Dwelling District is
changed as follows:
Sec. 36 - 89. Front yards.
Each ' A* ; - , es dwelling shall have a
front yard setback of at least M - thirty (30) feet
and /or shall be set to the existing predominant setback on that
street. .The existingpredominant setback shall be determined by
1 } } 1 . fir e r.
r -zhe -• 1* %0% - - --the ma- ma o the dwellings ' J6
46onthesamestreet
and within
three hundred and fifty 1290 350 feet of the lot to be built
29
on. The setback shall to all dwellin s and/or additions on
that l
a • •
The Director of Community Development may allow a deviation from
the, redominant setback„ f the .proposed setback would not
adversely affect . the ,drainage of surrounding properties and if
an of the following conditions apply:
1. The proposed setback would not affect.the privacy of
adjacent homes
Z. The proposed setback would savesignificant natural
features ,.,as defined in Section 9 -188.
3. The proposed setback is necessary to ,meet City, State
or Federal regulations, such as the Dipeline setback or
noise regulations.
4* The ,.proposed .setback is necessary for energy - saving,
health or safety reasons.
The City shall consider the front vard.setback as a minimum for
acc:e sory_buildin s . $ , ,,,.' . s a ,a
Am A. %AA %*
a-i-- 4 _ _ ^-av *' J. e n The , C_lt_y, may= pprove a conditional use permit
to construct a building addition, or part thereof, into a
recured setback. (Code 1965, 904.040 Ord. No. 576, 1„ 1- 14 -85
Section 9. Section 36 -95 'in the R -2 district is added as
follows:
Sec. 36 - 959 _ Dwellinct _orientation.
The front of a dwelling on an interior lot shall face a
public street and shall be allowed to be positioned up to a
thirty„ (30) _degree. angle from the line of the street, unless the
dwelling does not have an apparent front side. The front is
Generally the longer.side of the building and has a front door.
This section shall not apply to corner lots. The Director of
Community D velopment may allow a different orientation if the
proposed orientation would not adversely affect the drainage of
surrounding iproperties and if any of the following conditions
ampl
16 The proposed orientation would not affect the privacy
of adjacent homes.
2. The proposed orientation would save significant natural
features,_as defined in Section 9-188.
30
30 The Proposed orientation is necessary to meet City.
State or Federal re ulations such as the i eline
setback or noise regulations
4. The proposed orientation is necessary for energyw
saving., heal_ th or safety reasons.
Section 10. This ordinance shall take effect e. upon its passage,p P g
Passed by the Maplewood City Council on , 19910
go \memo25.mem
31
Planning commission -2--
Minutes 6 -3 -91
The motion was not voted on since it was noted that the hearing
had rb been opened to the public.
The hearing opened to the lic, but there were no comments.
Commissioner Cardina no d the Planning Commission recommend
that the Council appr the 1992 -1996 Capital Improvement
Program as presen by th ity manager, Mike McGuire.
Commissioner i.gmundik seconded Ayes -- Axdahl, Cardinal,
cher, Frost, Gerke Martin,
Ros ach, Sigmundik, Sinn
motion passed.
50 UNFINISHED BUSINESS
a. Code Change: Single and Double Dwellings
Secretary Olson presented the staff report for reconsideration by
the Commissioners, since.this item was tabled at the last meeting
in order to discuss drainage issues with the city engineer.
Ken Haider, Director of Public Works, said drainage and site
elevation plans are reviewed at the time a building permit
application is received.
Commissioner Rossbach suggested that the front yard setback be
established to at least 30 feet and /or shall be set to the
existing predominant setback to be determined by the majority of
the existing setbacks on the same street and within 350 feet of
the lot to be built on. Mr. Rossbach suggested the orientation
of the house on the lot should include the wordage that the front
of the dwelling face the street and be allowed to be positioned
up to a thirty degree angle from the line of the street. Mr.
Rossbach suggested that the front of the dwelling be defined as
the side which has the front door and a higher grade of
materials, which is usually designated on the front of the
dwelling.
Commissioner Fischer said she is not in agreement with
Commissioner Rossbach's wordage regulating the front yard setback
using the majority of the existing predominant setbacks, because
many times there is not a predominant setback or there may be a
better drainage pattern established if the dwelling is not set at
the same setback as the existing homes.
Commissioner Rossbach moved the Planning Commission recommend
adoption of the ordinance regulating front yard setback
requirements and building locations for single and double
dwellings, that each dwelling shall have a front yard setback of
Planning Commission -3-
Minutes 6 -3 -91
at least thirty (30) feet and /or shall be set to the existing
predom -nant setback on that street. The existing setback shall
be determined by the majority of the dwellings on the same street
and within 350 feet of the lot to be built on. The setbacks
shall apply to all dwellings and additions on than lot. The
Director of Community Development may allow deviation from the
predominant setback if it would not affect the drainage of
0.surrounding properties and if any of the following conditions
apply
1. The proposed setback would not affect the privacy of
adjacent homes.
2. The proposed setback would save significant natural features
as defined in Section 9 -188.
39 The setback is necessary to meet City, State or Federal
regulations, such as the pipeline setback or noise
regulations.
I would further recommend that we reword the dwelling orientation
ordinance to read the front of a dwelling shall face a public
street and will be allowed to be positioned up to a thirty degree
angle from the line of the street, unless the dwelling does not
have an apparent front side. The front is generally the longer
side of the building and has a front door. The Director of
Community Development may allow a different orientation if it
would not adversely affect the drainage of surrounding properties
and if any of the following conditions apply:
10 The proposed orientation would not affect the privacy of
adjacent homes.
2. The proposed orientation would save significant natural
features as defined in Section 9 -188
39 The orientation is necessary to meet City, State or Federal
regulations, such as the pipeline setback or noise
regulations.
Commissioner Martin seconded-
Commissioner Fischer questioned whether permitting a larger
setback for health or safety reasons should be included in the
above motion, which could allow a larger setback.from the street
for a turnaround driveway on a high traffic street.
tr
1
Planning Commission -4- r
Minutes 6 -3 -91
Commissioner Rossbach moved to amend the motion, adding to the
front yard setback conditions
40 The setback is necessary to allow for energy- saving.,
health and reasons;
and excluding corner lots from the conditions of the dwelling
orientation part of the ordinance.
Commissioner Martin seconded
The Commissioners discussed whether this ordinance should be
reconsidered at the next meeting after the above revisions are
made. The consensus was to vote on the amended motion at this
time.
Ayes -- Axdahl, Cardinal, Frost, Gerke, Martin, Rossbach,
Sigmundik, Sinn
Abstentions -- Fischer
The motion passed.
Commissioner Fischer said she abstained from voting because she
would prefer to review the revised document before voting.
60 NEW USINESS
a. Co itional Use Permit Rev 1255 Cope Avenue (No ern
Hyd ul ics )
Ken Rob ts, Associate Planner, presented th taff report. A
representa 've was present from Northern raulics, but had no
comments, re were no comments from e public on this
proposal.
Commissioner Rossba said the rea by the loading dock has no
grass and this area s ld addressed as well. The
representative of North Hydraulics said there is a problem
with the sprinkler sys m ey are in the process of resolving
and, when that is ac mplish they will sod this area as well
as the old entranc area.
Mr. Roberts sa'd the City is holdin scrow for completion of
site work and a portion of that money for sod.
Commissioner Gerke said there are many weelL on this site which
makevit unsightly and it should be cleaned up. Commissioner
Gerke also objected to any change in the hours o operation on
Sundays,
1
MEMORANDUM
TO: City Manager
m
anager
Director of Community DeveloSUBJECT: Planned Unit Developments
p ent
DATE :June 12, 1991
The Planning Commission has b •been discussing changes to the planned unit development ordinance,, I have attached a re ortfromasubcommitteeoftheCpCommissionthatmettostudythisissue. I had previously mailed a copy of this reportort toTheCommissiondecidednotn
the
unless to proceed any furthertheCouncilisinterestedinmakingchanges,
go /purl (5.1)
MEMoRANDUM
TO: Planning Commissioners
FROM PUD Subcomm
SUBJECT: Planned Unit Developments
DATE: May 2, 1991
INTRODUCTION
Lorraine Fischer, Geoff Olson and Will Rossbach
On April 26, 1991 L was to discuss the
met in a subcommission meeting. This meeting
of the Planned Unit Development (PUD)updating and changing problems would
ordinances We tried to f first identify what p ,
n the existing ordinance. We then discussed
require a change 1
solve the roblems.
what changes the City would need make to so P
DISCUSSION
The Problem
In Maplewoo d most the land which developers have built on was
easy to develop.We are starting to develop some of the land
that falls into the problem group. During our meeting, we
identified th ree problem areas that we believe a revised PUD
ordinance Could serve. They are:
features that the City should require
1. Land with natural
owners to preserve. Among these features are wetlands,
drainage areas pstee slopes, and mature trees of value.
Several areas in the south leg o f the city are examples of
this.
2_. Transition land, al land or land that is between incompatible
zonings. That is, land between BC z onin g and R - zoning, or
land between a freeway corridor and residential.
has unique development challenges. This could
3. Land that q
include land which has a configuration which would make
o expensive using existingdevelopmentto zoning or
p
constructs ,on standards. This might also include areas where
a wide buffer area would be preferable to maintaining
standard zone setbacks or density. The Oswald property is
an example of this .
al features is one that is in
The first problem area ( natural
almost dail . It is also important because of new
front of us Y onmental issues in
gle islation dealing with wetlands and envir
general. The trend is towards the preservation of natural
features, and YtheCity should be looki to further strengthen
our control in this area.
on-going problems There i
Transitional land is an o g g s land in
p
Maplewood that falls into this area now. As the City rezones
some of the remaining commercial corridor or as they develop, we
will create new areas o 'f transition. This is difficult land to
zone with traditional zonings. This is because these areas have
commercial or industrial uses on one side and residential uses on
the other side. Carefully planned, compatible projects as needed
to bridge these areas and keep everyone happy.
Land with - unique development challenges is admittedly somewhat ofgY
a catch -all phrase. There is land that comes before us that
presents its own problems and challenges. We feel that the CityYcouldhandlethesesitesbetterwithaplanningtoolthathas
some flexibility for design
The Solution
After looking at the problem, we thought that it may not be
necessary to start over to solve it. Maplewood has on the books
an overlay zoning district and an existing PUD ordinance. We
would use these existing planning tools with some changes to
solve the problems.
The first step to take is to designate any land that the CityfeelstheownershoulddevelopwithaPUD. This could be done by
rewriting our existing overlay zoning district to make it an
overlaying PUD zone. The City would then apply this zoning to
specific properties. The original, underlying zone would still
be In place for the property. The City, however, would, in
effect, change the property's zoning with the overlay zone. This
would be similar in application to the shoreland district. The
overlay district would ,impose additional conditions that the
owner or developer would have to meet to develop the . ro ertpp YOneofthoseconditionswouldbethatdevelopmentwouldhave to
be a PUD.
Maplewood's existing PUD is a conditional use permit. We can use
the existing ordinance with some changes. First the City shouldgy
remove the current five -acre requirement. The acreage
requirement could be a problem, particularly with transitional
land. This is because many undeveloped properties in Maplewood
are less than five acres. If one of the City's goals is to
preserve natural features, the minimum acreage requirement in the
PUD ordinance could cause the City to lose natural features.
This is because the City could not use the PUD ordinance on
properties that are less than five acres.
Second, we should remove the requirement in the PUD ordinance for
two or more uses or buildings. Most of the transitional land
will only have one building and one use. If the City can
condition and control this land, we cannot have this requirement.
Furthermore i f w
q
e are going to remove the five -acre requirement,
we will be dealing with smaller areas. Requiring two uses or
2
y
Ij
buildings on the smaller properties might conflict with
preserving natural features.
Another important change is about the PUD review process. The
City should make the PUD review process a clear, step -by -step
process. This should involve the city planning staff, the
Planning Commission, and possibly the City Council in the site
development from the start. This will help both the developer
and the Commission. The developer will not have to invest large
sums of money in a plan to have it ripped apart by the staff or
Commission. It would also allow the Commission to be apart of
the site planning process instead of reacting to the developer's
ideas.
one additional thought is about the movement toward leaving more
open space in the City. The current budget problems will make it
difficult for the City to buy land for open space. Most
individuals are not willing to pay additional money for this
purpose either. The clustering of developments was the first
main use of PUD's in zoning by the City and developers. This was
done by concentrating the construction part of the development on
part of a property. The developer would leave the remaining land
as open space. This could be a compromise that all could live
with
Conclusion
These steps are just an outline to updating our PUD ordinance.
It is going to take some real thought and effort on everyone's
part to make sure we get as much insight into this as possible.
There may be additional reasons for making this change, or
additional changes that the City should make to the existing
ordinances. This, I hope, will help to focus everyone on the
task at hand..
kr \rossbac2.mem
3
MEMORANDUM
To. CitFRO14o Y Manager
Director of CommunitySUBJECT: nity Develo meConditionalUsePerm' p nt
Permitis for Commercial ZoningDATE: ln9June13, 1991
The Council tabled •this Item to a Coun 'Planning on asked t
cll- Manager meetin .meeting, o have it on the a
g The
Benda for the joint
MEMORANDUM
To:City Manager planner
Ken Roberts, Associate ZoninFROM. PerYmits for Commercial g
SUBJECT: Conditional U se
Districts
DATE; May 7, 1991
INTRODUCTION
Staff to develop criteria for •
he City Council directed Sta
sites. The Council.
adjacent to residential - sit ,
commercial sites a
use permit for commercial uses
ted requiring a conditional p
sugges
within 350 feet of residential districts.
BACKGROUND
change to the M -1 (light
85: The City Council made a g
aJuly22, 19 requires
zoning district. This
manufacturing} z g
conditional use permit for all buildings and exterior uses,
al district.
within 350 feet of . a residen i
except parking, 0. feet.
Before this change, the dist ance standard was 20
considered a change for the
5 1991: The City Council White BearFebruary2
n the north east corner of
zoning of the vacant lot o
sted a change from LBC
and Rad atz Avenues The applicant reque commercialtoBCM (business co
1businesscommercial) uct a commercia (limited so the owner could constr
modified). This is
eSS The Council tabled the
n and operate abuilding printing business*
1991. This is so staff
the zone change until May 1 •
decision on sites next to residential
to criteria for commercial
could deve
areas.
DISCUSSION
or uses in some commercial
a conditional use permit f ,
Requing d be a benefit to the City
ear residential areas should
districts n conditional use permit gives the
d
nearby residents. The con
t occur on aandthey
e types O fuses which migh
Cit more control over th control about they
also Ives the City more co
site. The CUP g
construction and operation of us es on a site
of the commercial zoning
wrote and intends several
The City b residential zones. The NC
icts to be compatible y and LBCdistrictstiblewithnear .
al Co (commercial office) (
neighborhood commerce ), s of this. I discuss
commercial) are example
limited business
them below.
NC Nei hborhood Commercial
s the intent of the NC
6 -126 of the City Code • list „ • tent of this
0Section3 district. It says, the in
commercial) businesses that areneighborhoodf
district is to prese rve land for. the use o
compatible and adjacent residential land uses. ,Uses are limitedtoofficesandsmallerretailusesthatcatertoconveshoppienience
CO (Commercial Office
Section 36 -136 gives the purpose and 'intent of the CO (commercialoffice) district. It say "the •
t
y Co district is establishedprimarilyoprovideareasforthedevelopmentofprofessionalandadministrativeoffices, related
p essional
uses together withsupportive, low intensity commercial uses •proximity to resident'.
d
in locations in closeresidentialareas . . . It also sa s "thisistrictisintendedtobelocatesays
primarily on heavily traveledstreetsoradjacenttocommercialorindustrialdesignedtolessenthealdistricts, and isimpactoftheseusesonresidentialareas111
LBC (Limited Business Commercial
The City approved the LBC . b •
so it (limited business commercial districtiscompatiblewithnearbyYresidentialuses. Officesmedicalorhealthclinics ,and day care centers aallowsintheL
are the only usesthattheCityBCdistrict,
Requiring a conditional use ermit f •p for use i the NC, CO orLBCdistrictswithin350feetofaresidentialdistrictnecessary. These three districts provide a balance
is not
ance of possiblecommerciallanduseswhileivin •residential properties,
g g some protection to nearby
B -M Business Commercial- Modified
Tie City added the BC - (business co •commercial modified) to theCityCodein1982Section36-155 of the City Code ivesintentoftheBC -M zoning district, „ g • the •is intended g ct • It says the BC (M) districtdtoprovidefortheorderlytransition _ y ion between moreintensivecommercialusesandlowormediumdensityresidentialareas. Restrictions on, but not limit •setbacks limited to, building heightorient ,ation, parking lot location or location ofbuildingentrancesmayrequiredtoensurecompatibility ithabuttingresidentialuses." As the intent y
says. the CityintendedtheBC - district to be near residential areas.
The commercial uses in the BC - zoningshouldng district are fairly broad.Y not requireTheCit all proposed uses in th -district within 350 feet of a residential
a BC M
idential dlstrlct to have aconditionalusepermit. All the ro •p perty that the City has zonedBC - is next to residentially-zoned property, Thus andevelopmentorchangestoanexistingprojectina Y proposed
an BC - districtwouldneedaconditionaluseermiti 'p f the City adopts the 350footrule. Th Council should change the ePermitted or
conditional uses in the BC -M district if they, have concerns about
the possible land uses in
BC (Business Commercial)
business commercial) zoning district is the City's most
The BC (
he City allows a wide-
permissive commercial zoning district. T y
range of commercial uses in the BC zoning district.
Sc ,( Shopping Center
The S C (shopping center) zoning district also allows many types
o f Comm ercial land uses. The Plaza 3000 Shopping Center is the
only place in the City that has this zone.
350 -foot Rule
Requiring a conditional use permit for all uses within 350 feet
of residential areas in the BC (business commercial) and SC
commercial districts is appropriate. The permittedservice }
uses in these commercial zoning districts could have negative
effectect on nearby residential properties. The conditional use
permit review and approval process should help to lessen any
pnegativeimpacts on the residential properties. The Council must
dec ,ide however, if the 11350- foot" rule is necessary in the NC,
co, LBC and tc -M zoning districts.
The attached code amendment has several changes to the permitted
and conditional uses in the six commercial zoning districts. I
updated the types of permitted and conditional uses in each
have
distri
YP
ct to reflect current land uses and business activities. I
have also added the 11350 -foot rule" in the conditional
i
use
ports gonofeachzoning district. The Council must decide f
itheseisaneedforthisrule n every commercial zoning
district.
The city has used the conditional use permit requirement for
recommercialdevelopmentsnearresidentialareastoregulate
several items in recent projects. These include.approving
site and landscaping plans, having a one -year review of
specific
the developmentment and the types of uses in a development. The City
has also used conditional use permits to regulate the hours of
operation, ' and to limit outside storage, outside activities and
outside lighting in developments.
Setbacks from residential property
The design standards that the City adopted in 1990 has minimum
setback requirements for all buildings except single- and double
dwellings, 'n s The include a setback of 50 feet from property that
They
has -a residential use or is shown on the City's land use aplan for
residential use. The City Code requires a developer to increase
3
this setback to a maximum of 75 feet for exceeding 25feetinheight. T
rbuiexceediheCodealsorequiresanincreasedsetbackk forthosebuildingswithanexteriorwallwithmorethanof2000squarefeetof
setback re
area that faces a residentiall -zonedThese . ire
Y property.requirements prevent developers from placingbuildingsnearapropertylinethatthesharewitharesidentialYidentialproperty. This helps to protect the residential property fromtheintrusivenessofacommercialbuildinga . oiningproperty. The Code does allow the City Council to rove a
permit approveconditionalusetforadditions
p
p tions within a required setbacksubjecttofindingsforapproval. A copy of the ordinance isattachedasthelastpageofthismemo.
Community Designs Review Board
A conditional use permit is not needed to regulate the 'commercial buildings design of
ngs or site plans. The Community Design ReviewBoardalreadyhasthisauthority. An decision b the BoYy and canbeappealedtotheCouncil.
RECOMMENDATION
Decide whether to make no changes, approve the attache 'pp d ordinanceforsomecommercialdistrictsorapprovetheordinanceforallcommercialdistricts. If the Council decides on..an ordinancechange, they should refer it the Planning Commission.
kr \memo27.mem
Attachments
10 Code Amendment
2, Setback Ordinance
4
ORDINANCE N4.
AN ORDINANCE ABOUT LAND USES. IN THE COMMERCIAL ZONING DISTRICTS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS.AS FOLLOWS
Additions are underlined and deletions crossed out)
Section 1. Section 36 - 127, in the NC Neighborhood Commercial
District, is changed to read as follows:
Sec. 36 -127. Permitted uses.
The City only permits the follow uses in the NC district
if the floor area of all buildincas in. an NC zone does
not exceed three thousand (3 , 000) square
feet:
1 Bakery or candy shop which produces -f %._ . %. J04 _
eif goods sold only at retail on the premises.
2) Beauty pe-r barber shoP, tanning salon or personal
care business _ - - - - - -
3) Dry cleaner or laundromat. The owner or operator shall
control all odors so nearby residents cannot detect
them.
4) Offices, medical health related or dental clinics.
5) Repair shop, except for motorized equipment and
Vehicles. No work shall be performed outside the
building.
6) Drug, hardware or grocery store.
7) Studio.
8) Tailor or sew shop.
9) Veterinary clinic where there are no
outside kennels or storage.
10) Video tape or home electronic games sales or rental
S 11O =CZTC'ZC l .
11) Printing publishing or photocopying shop.
12 Pet store or pet grooming shop where there are no
outside kennels or storage.
5 At tachment 1
Section 2. Section 36 -129 in the NC Distric is changed to readasfollows:g
Sec. 36 -129• Conditional uses •
A=Az m r= :k 'a-= u s e... • . ,, *P I E)
r I"` NG "'Th_ e Cit _ Council may issue
13 t :1=L` tieerr area ef
iii a&4
conditional use ermits for the -follow in 'a uses in the NCneighborhoodcommercialzonindistrictifthefloorarea ofallbuildingsinanyoneNCzonedonotexceedeightthousand8squarefeet:
1) Any permitted use listed in section 36 - 127.
Club, lodge or assembly_ hall.
3) Private school, daycare center or community service
Restaurant, where there are no drive -up orderwindows.or serving food to patrons in their
automobiles. '
The owner or oiDerator shall control all cookingodorssonearbyresidentscannotdetectthem
f - 6-}- ALnv other use that the Cit Council 'y 1 fends is
use W ou' a- Is =-- compatible with the ne i hborhoog d andtheintentofthisdivision.
Anv buildina or exterior use t a 'exce pp rk i ng , witthinthreehundredfift350feetofaresidential
building.
Section 3. Section 36 -137 in the CO Commercial office 'Districtischangedtoreadasfollows:
Sec. .36 - 137. Permitted uses.
The CitV onlv Dermits the following land uses in the COdistrict • -
r
r
a) = r.. • - offices
u I e-. . .- . .•.• -. • A.
F-e-}-Medical - s health - related or -- dental offices andclinics-
0
Stock or investment
brokerages, banks and savings and loans, credit
unions.
r
i
1 r a re •. m f 1 a 4 r rr
d) •The City mav allow restaurants harmacies or retail
sales in the CO district, subject to the following
conditions:
These uses must _be in the same building as an
office use.
2 ) The floor area of all such uses in an office
building shall not exceed twenty -five percent of
the gross floor area of the buildinca •
3 These uses shall ,primarily serve the occupants and
patrons of the building. in which they are located.
Section 4. Section 36 -138 in the CO district is changed to read
as follows:
Sec. 36 -138• Conditional uses.
The City Council may issue conditional use Apermits for the
followin uses in the CO District: •
norm
1 : 1 - S
a) Medical and dental laboratories-r Such laboratories
shall not 3n ^'_m4 n manufacture
E.HflLe
mW 3 m 3
us
2 neee.Ssar,
Ne,3 ,
Section 4. Section 36 -138 in the CO district is changed to read
as follows:
Sec. 36 -138• Conditional uses.
The City Council may issue conditional use Apermits for the
followin uses in the CO District: •
norm
1 : 1 - S
a) Medical and dental laboratories-r Such laboratories
shall not 3n ^'_m4 n manufacture
f.. - - °7P-mumir-M TIM m lia 4%
b Restaurant where there are no drive- order 'windows
or serving of food to Datrons in automobiles.
n j
specialty or cri ft store,
ld) Of f ice sUD'DlV store .
e) Ticket acfency or travel service or a enc .
Optical, hearing or other medical or dental instrumentsales.
g Any buildina or . exterior use exce t arkin 'p -p a withinthreehundredfifty (350) feet of a residentialbui -
Section 5, Section 36 -151 in the BC District is changed to read
as follows:
Sec 36 -151• Use regulations*
a) Permitted uses.
a B G 4 i s - Ev. =I JA. %0-0 The Cit onl ermits the followin
uses in the BC district:
1) A dwelling unit for one family in combination with a
business use•
2) Hotel, motel or tourist cabins•
3) Retail store restaurant, office, medical, health-
related or dental clinics agency, performing or
creative arts studio, bank, savings and loan, credit
union, personal service, craftsmen's shop or mortuary.
4) gAutomobilesalesagency that sells new ears or new and
used ears
Publishing, photocopyina or
printing establ
6) Theater
7) Self - service laundry or dry ,cleaner
fn - t e ==shop, whiches tea. i .. . _ j p ,_______ p roduces8) Bakery or can
a a %.0 kecroods ' sold only atf= We =J- 'E - 14 le Viv a
retail on the premises*
9) Parking lot as a principal use•
10 ) Motor vehicle accessory installation center*
CNG (compressed natural gas) and LPG (liquid petroleum
as dispensing facilities_ -xc-t ptsgas) p g The City exem
those whose primary purpose is to produce power and
light for nonvehicle uses, such as at 3M, NSP's
facility on Century Avenue, or for temporary use on
construction sites* Tanks shall not exceed a water
capacity of one thousand five hundred (1,500) gallons.p y
The owner and operator shall follow the licensing
requirements in Chapter 17.3 '^ ~ ''' ' " ' %OL VV -
t 7
p ,.
A A Z 4 •
12 Video tape or
L
home electronic gam sales or rental
hop.
Iqe same ae,.er as an
L
0
i
13 Re air shop exce t for motorized ecruipment andvehicles. The owner or o erator shall not perform workoutsidethebuilding.
14 Anv use that the City Council determines to be of thesamecharacterasanyoftheaboveuses. Such useshallnotbenoxiousorhazardous.
The . LC . itv Council ma issue conditional 'tonal use permits forthefollowin 'uses in the BC district:
All uses that the C
I
i'tv Dermits in 'the R - district.
2) Processing and distributing st 'g at 1 on for , ' 'r e r
beverages.
3) An indoor place P' =ee of amusement recreation or
assembly, other than a theater, '
4) The exterior storage, display, sale or distributi ofgoods.or materials, but not including a junkyard,
a automobilesalvage , or other wrecking yard. The Citymayrequirescreeningofsuchuses
A.-V % (5) Us ed -r--1 of .
Automobile rental or ilit
Metal storage buildings, subject to the C'tv
Council. determininq that the building meets the
findings for a conditional use e 'p-, l and the
f i ndin s •g below: - - -- -t ., - , ,., ., ,a a .; i-L
L w v a s v .i. 1 1
a. The building would be substantially screenedreened
so as to be eighty (80) percent opaque as
viewed from streets or land that is
residentially developed or designated on the
city's land use plan for residential use
b. The building would not be of.lesser ualitq ythansurroundingdevelopment.
If the screening 'i"b ffte v or it dies and the
owner does,not.replace it, the
city council may require removal of the building.If the value of the g exceeds twenty -five
10
thousand dollars ($25,000), the city council shall
allow at least a five -year amortization period.
Heliport.
9 wash.
10 Motor fuel stations or public garages, subject to
the City Council determining that it will. me the
findin s for a conditional use Dermit and th
findings below:
Conditions a - p remain unchanged.)
as
11 that the City Council determines to be of theAnyuse
same character as anyof,f the above uses. Such use
shall not be noxious or hazardous.
12 Anv or exterior use exce t arkin within
three hundred fiftV feet of a residentia
building,_
Section 6, Section 36 - 154 in the LBC Limited Business Commercial
District is changed to read as follows:
a Permitted uses, The City only permits the following
uses in the LBC district:
Offices.
2 Medical dental or health related clinics.
3 veterinary clinics where there are no outside kennels
or storage.
State - licensed day care centers.
Section 7, Section 36 -155 (b) in the BC(M) business commercial
modified district is changed to read as follows:
b Permitted uses. The City permits only the follow
uses in the BC - M district:
11
1) Retail store, office, agency, performing or creative
arts studio, bank, savings and loan credit union
personal service, craftsmen's shop, or mortuar •Y
2) Hotel or motel •
3) Walk -in theater• 4 - C
4) Publishing, photocopying or rintin shop.p g . p
5) Bakery or candy shop which produces goods for
on- premises retail sales•
6) Motor vehicle accessory installation center.
use afae as
Anv use that the City Council determines to be of the
same character as any of the above uses. Such use
shall not be noxious or hazardous.
Section 8• Section 36 - 155 (c) in the BC(M) district is changedtoreadasfollows:
The Citv Council mav issue conditional use Dermits for
the following uses in the BC -M district:.
All uses that the Cit ermits in the R -3 districtexceptsingleanddoubledwellings,
2) Laundromat or similar automatic self- service laundry.
3) Restaurant, there are no drive -up order windows
or serving of food to patrons in their automobiles
af^ 4:1= v.%.V60 4e ... Up A. r. s The owner or
operator shall control all cookinq odors so nearbyresidentscannotdetectthem•
4) An indoor place P_1 ..e of amusement recreation or
assembly, other than a theater *-*L ere ' ere are „--
5) Minor motor fuel station, subject to the requirementsinsection36- 151(b)(9).
12
alaeve use..S, erev34=4 thal aim:xx use iahieyh :3*= nem±eus e3F
d7h=qA:rAAI3= =IC1=1 I 7AIM =I===:I
6) Any use that the City Council determines to be of the
same character as any of the above uses. Such use
shall not be noxious or hazardous.
0 9 except 'p
9
7) An buildin r exterior use,- rkina within
three hundred fifty -,- of a residential
build
Section 9. Section 36-173, use re is chan to read
as follows:
I
e e ATft = Af =LJL %m& '%=W J6%e %efL. 1:2133il4inqs may lae -ereete4 e r iase4 ==4 area
3
A L L ix ka, S-I e %4.4 i%=W% r eee
lau'= 4- ne ease synall Isia i 3 4 4 not lae ;a s e d f. e r
a)
I
Permitted uses. The City onl permits the follo
uses.- in the SC ( shompincr center) district:
Retail storee . The owner or operator of a store shall
not store or display goods . o materials outside L the
buieldin
2) Restaurant, 'Eoe%a.4. reem or cafeteria*
3) Office, a or p or creative arts studio.
r-S EHI a
tt ]qt==k3:1:1=;x Awl A= IQ rIq
a I I Icin
Ick
4
R-A 3m dMA
Lia 4= =1=1 Ila
A-
Retail storee . The owner or operator of a store shall
not store or display goods . o materials outside L the
buieldin
2) Restaurant, 'Eoe%a.4. reem or cafeteria*
3) Office, a or p or creative arts studio.
4) Personal serv L or care businesses that deal directl
with the customer. Examples include:
a. Beauty or barber shop or tannin salon.
b. Dry cleaners or self-service laundromato
C.i- Tailor or sewin shop.
d. Upholstering shop*
13
r-S EHI a
tt ]qt==k3:1:1=;x Awl A= IQ rIq 4= Imi I=
R-A 3m dMA x
v d% Ad 9ft 3 33=41=Ax
er - s :3=311t:I=yAnn*
6 36 ' r. en =14 e r -V %.4 J6 j
a e e e r. % E441 n e# %e - V - V -
A. W %.p A
Yana 93:3 YA= P =
a %J WN %.1 A- .8 U s eenauet,=A
a cgr A = 101 Ia
mfAA %.^ %LA6 N.0
a I AzA;
vy 0
4) Personal serv L or care businesses that deal directl
with the customer. Examples include:
a. Beauty or barber shop or tannin salon.
b. Dry cleaners or self-service laundromato
C.i- Tailor or sewin shop.
d. Upholstering shop*
13
e.. Re air sho exce t for .motorized ecruiDment andvehiclesTheowneroroeratorshap ,ll not performworkoutsidethebuilding
f Anv similar use involvin re air o r_Drocessing.
5) Indoor theater. •
T " !I /-.r. =F_. ^. L. l 1 .. L. „..•. ,. .assembly hall, or communitybuilding, indoor recreational establishment or library,IQ day care center.
etj
xai
Bakery or.candv shoD which Droduc es oods sold onago 1Y-retail on the premises
7) Bank savincrsand.loan or credit 'union
A %-0 & ,r % L j len •
f C1
r< ... `j •
I
r v r.+ a s V V
14
8 Acces use customarily incidental to any of the
above uses This shall not include the exterior
dis la .or stora of goods. materi
L3X J=
9 An use that the City __ Council determines. to be of the
same character as any of the above uses. Such use
shall not be noxious or hazardous
10 ) Sig when erected and maintained according to In
a .,. -1- -E01%=4 = JLJL T. "'- article III. of Chapter 36 of this3.
Code. (Code 1965, 908.030)
b ) The City Council may issue conditional use permits for
the following uses In the SC (shopping center ) zoning
district:
Any building or exterior L use except parking.
within three hundred fifty (350) . feet of a
residential building.
Section 10. This ordinance shall take effect upon its passage
and publication.
Passed by the Maplewood City Council on , 1991.
kr \memo13.mem
15
trc %m q1tr f ,
1
4) Install stoip s_i rns,, handicap signs and
building address signs'as required by the
Ci ty .
Construct lots with the follow'in
minimum setbacks:
a. Fifteen feet from a street right-of-way,
b.. Five feet from all other property lines,
This setback_ hall be increase_
twenty feet if the adi acent propertyis
used or shown on the city's land use
plan for residential use.
Construct all buildings , - except single- and
two - family homes, with the following minimum
setbacks.
a, Thirtv feet from a street right - of - way,
b. Fifty feet from prop that is used or
shown on the City's, land use ,_plan for
residential use. This setback shall be
increased up to 75 feet based on the
more restrictive of the following
re au i rement s ,
1. Building height: The buildincf
setbacks shall be increased two L21
feet for each one foot the bu i rding
exceeds twenty -five (2 5) feet in
heic„ht .•
2. Exterior wall area: Where an
exterior wall faces a
residential ly_„zo d property, the
wall setback shall be increased
five (5) feet for each one thousand
11, 000). square f eet or part
thereof, in excess of two thousand
2,,000) square feet,
S7. The City Counci rove a con i Iona
use permit.to.allow an addition within a
reauired setback if.
a. The required findings in Section 36
for a conditional use permit are met.
16 Attachment 2
B
s MEMORMDUM
To: Michael A. McGuire City ManagerFrom: Robert D. Odegard, Director of Parks & 'Recreation ,Ken Haider, Director of Public Works
Geoff Olson, Director
Lucille Aurelius,
Community DevelopmentyP
ius City Clerk
Pat Kelly, City AttorneSubOpenSppace
Date: May 5,-1991
1ntrodu ct i on
the City Council on April 22nd discussed t 'he .acquisition of OpenSpacefortheCityofMaplewood. May Basstaffprepareano
Y requested thatuPP , tline of a plan that could be used. for im le-iaenting the acquisition of Open Space
imp le--
p and to get the question be-fore the Council and public this Fall or as soon next year asPossible. Councilmen ber Rossbach indicated that he would be in-terested i knowing the legality r Possibility •Districts .y ' lllty of Special Tax -in g for the acquisition of Open Space,
Background
Because the term "Open Space" has •P s -such a variety of defiitWilbeimportanttodefinetheareastobewooddefinition,included in Maple-
In a book publ by the Department of R •P Research and PlanningfortheCityofDuluthcalledTheof0enSacedefineOpenSpacePlannin
o o theygand- Program as a plan whose functionistoserveasaframeworktoguidetheacquisitiroper 'ervation and development P P on, pies-p ent of Open Spaces, to meet current futureneedsforrecreationandconservationofnaturalturalresources,thereby providing
relating
basis for the sound evaluation of CaImprovementdecisi „
i
Capital
g to Open Space. They go on to n-dicate a series of plannin steps inc •1 . g p lading.y. An inventory and analysis of the existing SuPP of Open Space21Adelineationofthegoals, principles and policies to be
locating,
usedasguidelinesforproperl
and Ana in Y g , deve 1 op ing , operating ,taining Open Spaces
3) A study of public methods of im lement' •
programs
P ing and financing the
4y Lega2 and legislative conside 'rations, levels of responsibiltamonggovernmentalunits Y
5} Coordination anion concerned •g officials, agencies and communitorganizations Y
I believe the above process could be the '
re arati balls for Maplewood' sPPonofanOpenSpaceAcquisitionDevelo •tenance Program. , pment, and Main
During the discussion of the Ramsethefollow' Y County Open Space System Planinginformationservedasthebasisforlanpning:
Open Space has often been considered as that area which is re-
tained in a state where nature P redominates - a storehouse of
natural resources and natural processes.
Open Space affects our impressionable lives and is a fundamental
part of our total environment. The functions of open Space can
be separated into three classifications:
1) Amenity Open Space which are undevelo ed lands or naturalP
landscape features which have scenic or aesthetic value.
These are hills, woods, valleys, meadows, river bluffs, and
lakeshore which provides a visual change from a predominantly
structured urban environment.
2) recreation Open Space which are lands which provide the
foundation for various recreational opportunities These are
the parks, beaches, picnic area, ski hills, lakes, trails and
nature centers which enable us to add excitement and enjoy-iment to our normal daily routine.
3) Protection (Conservation) Open Space which are the undis-
turbed lands which continue to maintain critical natural pro -
cesses such as: transportation and storage of surface water
runoff, expansion planes for fluctuations in water levels
absorption of runoff and recharge of ground water reservoirs
stabilization of slopes and soil, purification of air and
control of air temperatures, and sustention of wildlife u-oP P
lations. These are the drainage ways, creeks, ponds, lakes,
floodplains, wetlands, slopes, woodlands and meadows.
When the City's definition of Open Space is decided, then it will
become important to establish the size or standards to be appliedtoacquisition.
Inventory
Staff has indicated that present workloads are very heavy, and
that alternatives could be considered in gathering an inventory.YItisestimatedthatPublicWorkswouldrequire500hoursof
staff time to identify, inap, and prepare information on all of
the ponding areas in the City. The Parks Department would need
50 yours to identify all properties publicly and privately-ownedintheCityhatwould
Y
y be considered open Space, including Coun-
ty, City, privately -owned cemeteries, schools, etc. To accurate-
ly present more than the general location in the ComprehensivePlanasOpenSpace (see attached Land Use Plans) would requireaminimumof100hoursofstafftime. If an Open Spacepace Committee
s established, an additional 100 hours of staff time will be
required to prepare information for the co=ittee and to attendtheirmeetings,
Alternatives to using staff time include the hiring of additionalconsultantstodotheprojects, adding staff to accomplish the
tasks, seeking interns that could handle parts of the staff work
or postponing the project to future tune when staff loads maylightenordollarscanbebudgetedfortheprojects.
ea co .os
Attached are theOfApril22.
ZEMI t t e e Se ect ' oIfaco
n
mmlttee to study Open Space ip s Great •of one member ed, t ss sugg
that it be composedonememberfromthe from the Plannin •each oft Park Commission g Conmission thethirteenplane' nd•one representativethiscommitteewPlanniDistrictsinte fromQuidbetoworkheCity. The goalasindicatedrev' Within the Pla ofPi.ously in this re nning Guidelinesport,
efe sedum _ CostTheCityClerk • catedonhasUponindicated that the cost to lacTheinformaNovemberof19would
place a referendumtiontobeincludldbeapproximate)available b Se ded on the hallo Y $Y ptember 13th. I t would have to befloeisnecessary, the eVessarthecos that a separate eltwo
event
uld be $4,900,ec-
legal opinions respondingsponging to Council ' s •questions
The opt a1Taliable to the counkenoactioncll include:21 Proceed to ref ,
and u
referendum this f all fPrpose, and if it a r a stated dollar amnecessarytocom
P sses allocate the t•
oust
piste the task3 time and dollarsAllocatethestimeanddollidstaffti .
ntlfy the areas Lars In the 19924Allocateandholdtherefs budget tothenecessardoreferenduminthefalltaskandhYliarsforconsultof 1992areferendumin199antstocompletethe2
with options 2teewould . , and 4, the establishment of a S pedal commit.
Lam:,%'1 :_ 4 w iv h C 6-L'
TO Robert Odegard
From: Baaaigaa do Kelly, PA.
Date: May 3, 1991
Re: OPM Spaee
L Interim Ordinances Momtoriun s
Pursuaat to Minn. Star f462.355, Subd. 4, a muzuapaIity boa the power to authorize
interim ordinaaas. It is uaderstood if a city is oonductiag studies, has authorized the
Srut, or is in the process of adopting or ame a comprehensive p1114' the city
council may adopt an inte ordinance applicable to LIl or part of its jurMctlon,
The interim orduiauee aUvws the city to regulate, resrrirt, or prohibit any use,
develop=ent, or subdnisioa for a period not to exceed one year from the date it takes
tffect The city ma;± "td it for additional peri ods as the council may deem
appropriate, not exceeding a total additional period of 1$ months. No interim
ordiaa,aee may halt, delay or impede e subdivision which has had Prel " = - Tnary approval
prior to the effective date of the iaferim ordinance, Interim ordinances are not subject
to the procedural or e=eard nary vote requirements applicable to other zoning
ordiaaaces,
71e best method for u ' ' lion of interim ordinances is during the preparation of a
zoning ordinance. To adopt as interim or stop gad ardizaace is to pres,.rve the status
qua of the eiry pending the adoption of the eonprthensive zoning ordiaaace, Thy
rational is bawd on the theory that zoning studies are time cons the f
urciinaace all aWS the city to maintain some lead use plana:ag while the city is in the
prxsss of adap the erdinaace,
To support the validity of a interim land use control ozdivaace, the city should consider
the fouo%inj guidelines when dndting the ordinance.
16 The closer the procedure complies with requirements for a permanem zoning
ordinance, the more Uely a court will validate an interim ordinance. This
M eans the city should u avai]able land use information, use the planning
cammisaio, follow awtice and bearing pnx*dur&% and adopt the ordinance by
two-thirds volt of council members.
2 In z prt=ble or elsewhere, the ordiaeace should set out the circums taacea
scquir4 the iZteraat procedure and show that it is part of . a continuing plaaniag
effort that sill result as aacsn as ponlblc is s permanent ordinance,
30 Tho uwtc provisions of tht p ordinance that the interim ordinance
includes, the men likely the courts will sustain it. 'This means that the
ordinance abould establish at least a minimum number of use districts and
mavide the nruUtians that are to anoh to each,
0
SEN7 BY: B4' , t4I SAN AND KELLY S- 3 -91 2 : 52PM ; 6122c35ZI S-1 51277 4597; $4 3
be con tro cau for as interim ordtnaact6 3a Airnquist vj- Town of Mrsrshan, SagMina. $2. 245 N W24 819 (soe attached),
CONCLUSION
A general moratorium on &V development ai thin the city would in all probability aotsurviveacourtchallenge. T'be City would have to malts a commitment That once open space
conde
is designated, then Jr, that event, the city should prebredonplanningandengineeringdatacoupledwiththeEnacifun Facu
before inidadaa d ng ly
be Considered
II. }1adiag
Mina. Stat. #412331 addreucs the issue of park funds. For the purpose of carryingoutthepowersoftheparkboard, atatutvs allow a pity to establish a apeaal fund to
sh
be called a park fund. Ile councli may transfer to the perk funds such monies as itadcoaside: necessary for park purposes and any cowry baVMj a populadOt of morethan704,000 the council of any city, whether haV a park board or not, may aanuellylevyataxnottoexceed0.0!620 percent of taxable market value for tax purposes. Theproceedsofthsstaxshaltbeplacedistheparkfund.
Pursuant to Minn, Stzt* 6429,Q21, local improvements co powers, the Council mayacquire, improve and equip parks, gouacis and recreation IifacUrieswithinarwithoutthecorpor
open a 0
assess ISU thu process may utilizesaentprocedurespurr=t to M inn, Stat, §429oO61, It is noted that parkacquisitionisnotnormallyfundedbYtheassessmentProcedure, however, the law doesAllowforsaidprocedure. 71 ontyt difficvlry is estsblis the procedure is toestablishthebene5tappraisaltheoriestotheassessedowner.
Punvant to Minn. StAt. x.171.141 an city rr1Ay issue bonds pursuant to Chapter 475,for the acquisition and betterment of load, buildings, and facilities for the purpose ofcanyiagou: a part program.
III. Special Taxing Districts
initial research indicates that there is no athari for aaddition, the tbeo Of 'c* ' special tax district, torytyparksandopenspatsisfortheutilizationofallcitizensofthecityandnotspcicdistricu. Without specific statutory authority, the city isunabletoproceed. The closest to a taz would be the utilization of thesessmeatprocedurepursuanttoMinn.
district
Scat, §429
PJK
C-* Nichol McGuire
2
e
ORDIh'A.NCES SL'PP4jtM G OPEN SPACE
M cc-3&5 v Sboreline and Overla Mtrict
A) h is the purpose of shi,s article to provide for the wise utilisation of ahorelaad
ArM in order to protect water quality, the zattival characteristics and visual
appeal of protected waters, the local tax base .. .
B) Enactment of this article is to provide a meth m to reduce the negative affect
of thoreland overcrowdi.a .. .
ITfxome111111W _
9.186 •preserve the natural rharacteT of neighborhood
99186 •effect an density
9.144 •tree plan
9.193 • approval standards
ltwuxl Orc1lnxnc e 21-46 • Dcclicatlum by Develctpela
It u the intention of the ary council to develop and implement. a park :open
spax acquisitioa and development polity whicb assigAS a &nction of
neighborhood park acquisition and development re6ponsi'bilities to all housing
dwe Us
Manlewcod Ordina 35423 . Per fitted Uses, Standards and floodpl ain evaluation critcria
Mgn]cwr,nci Or d Tnp,n ...pullets (preserve open space.)
COMNiffiNT: Creative plat is order to offer ineeadves for preserve open spaces.
MEMORANDUM
TO City Manager
FROM: Director of DevelopmentCommunity _ PSUBJECT: Long -Range Vision of the CityDATE,: June 13, 1991
Cities usually describe their long-range v' ' n theirviI
comprehensive plans. We are in the process of updatingMaplewood's plan* The Planning
P gPnningCommissionshouldstart reviewingadraftoftheupdateinthenearfuture. I would appreciateiftheCouncilPplateknowing1orCommissionhaveanyparticularvisionsthattheywantincludedIntheplan.
go /vision.mem (4.15 Plan Update)
MEMORANDUM
TO: City Manager
FROM: Director of Community DevelopmentSUBJECT: June 17 Planning Commission MeetingDATEJune13, 1991
I have canceled the June 17 Planning Commission Meetin g I donothaveenoughitemsreadyforanagenda, because of work onotherprojects. The Commission will meet with the City Council
on June 18.
go /pc 6 -17 . age (6.1)
cc: Planning Commission