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HomeMy WebLinkAbout2012-12-18 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday,December 18, 2012 7:00PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a.November 20,2012 5.Public Hearings a.7 p.m. or later: Conditional Use Permit Revision for Woodland Hills Churchto operate a Food Shelf at1740Van Dyke Street. 6.New Business 7.Unfinished Business 8.Visitor Presentations 9.Commission Presentations a.Commission report for the city council meeting of November 26, 2012. CommissionerTrippler attended. The items reviewed were the Azure PropertiesSenior Housing Proposal,the Cornerstone Church CUPand first reading of the HRA&BEDC. b.Commission report for the city council meeting of December 10, 2012. Commissioner Desai was scheduledto attend. The items scheduled for review were the Buffalo Wild Wings PUD revision for their expansion, second reading of the BEDC/HRA ordinance amendment and the reinforced-turf parking lot discussion for multiple-family applications. Staff will present. c.Commission representation for the city council meeting of January 14, 2013. Commissioner Durand is scheduled to attend.There will beno items on this agenda for PC representation. 10.Staff Presentations a.The January 1, 2013 planning commission meeting will be cancelled due to the holiday. b.Staff update on the matterof combining the planning commission with the community design review board (no report). 11.Adjournment DRAFT MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 20, 2012 1.CALL TO ORDER A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order at 7:00p.m.by Chairperson Fischer. 2.ROLL CALL Paul Arbuckle, CommissionerPresent Al Bierbaum, CommissionerPresent Absent Joseph Boeser, Commissioner Absent Tushar Desai,Commissioner Larry Durand, CommissionerPresent Lorraine Fischer, ChairpersonPresent Dale Trippler, CommissionerPresent Stephen Wensman, CommissionerPresent Staff Present: Tom Ekstrand, Senior Planner 3.APPROVAL OF AGENDA Staff requested to delete 6. c. Ordinance Amendments –The Transfer of Design Review Responsibilities to the Planning Commissionunder the direction of the city council. CommissionerWensmanmoved to approve the agenda as amended. Seconded by CommissionerArbuckle.Ayes –All The motion passed. 4.APPROVAL OF MINUTES CommissionerTripplermoved to approve theSeptember 18, 2012, PCminutes as submitted. Seconded by CommissionerArbuckle.Ayes –Chairperson Fischer, Commissioner Arbuckle, Bierbaum, Durand, &Trippler Abstention–Commissioner Wensman The motion passed. November 20,2012 1 Planning CommissionMeetingMinutes 5.PUBLIC HEARING a.Conditional Use Permit Revision for a Planned Unit Development for Buffalo Wild Wings to expand its building footprint at 3085 White Bear Avenue i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii.Jeffrey Walden, RSP Architects, representing Buffalo Wild Wings, 3085 White Bear Avenue,addressed the commission. The commission questioned the 8’ foot compact parking spaces on the property and whether they can be eliminated or made wider. They also asked staff about the sign infraction listed in the staff report as well asthe landscaping on site. Chairperson Fischer opened the public hearing. Nobody came forward to address the commission for the hearing. ChairpersonFischer closed the public hearing. Commissioner Wensmanmoved to approve theresolution in the staff report. This resolution approves an amendment to the conditional use permit for a planned unit development for the development of four restaurant/retail buildings at 3085 White Bear Avenue (Chesapeake Retail Center). Approval is subject to the following conditions (additions underlined): 1)Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s April 26, 2004, engineering plan review as well as the following: a.A westward extension of the retaining wall south of Building D (Jared Jewelers). The retaining wall height must be sufficient to create aprevailing ground slope away from Building D, thereby deflecting a potential flow from a pipeline leak. b.Prior to issuance of a grading or building permit, the developer must complete the following: 1)Obtain a demolition permit for the removal of the existing Maplewood Movie I Theatre building. 2)Submit a revised site plan showing Building C (TGI Fridays) and Building D (Jared Jewelers) shifted approximately ten feet to the south in order to accommodate a future driveway located to the north of Building C which may be installed onto White Bear Avenue. 3)Pending continued cooperation with the adjacent property owner, submit a revised site plan showing the location of a driveway and pedestrian cross-access on the south side of the property, to accommodate entrance and egress to and from the southerly property (3065 White Bear Avenue). 4)Submit a revised site plan showing the extension of the sidewalk in front of Building A (future retail/restaurant) onto the County Road D trail. 5)Submit a revised site plan showinga pedestrian access extending from the White Bear Avenue sidewalk. 6)Obtain the required Ramsey/Washington Metro Watershed District permits. November 20,2012 2 Planning CommissionMeetingMinutes 7)Submit payment for all required Park Access Charges (PAC fees) as specified in the Park Director’s April 14, 2004,correspondence to Chesapeake Companies. 8)Submit an easement agreement that governs and provides for legal cross easements for parking, access and utilities between all lots within the project. 9)Submit an easement agreement for the installation and maintenance of a freestanding sign on Lot 1 to benefit Lot 2. 10)Submit an owners association agreement specifying responsibilities for insurance, taxes and maintenance of all commonly owned property and facilities (including snow plowing). c.All 8-foot-wide parkingspaces must be signed as either “employee” or “compact” car parking only. d.Pending the community design review board recommendation and city council approval, each building is allowed one freestanding sign, 25 feet in height and 100 square feet in area, except for the multi-tenant building which would be allowed a freestanding sign up to 150 square feet in area. All freestanding signs must maintain a 10-foot setback to a right-of-way. Each building is allowed three wall signs to be attached to separate elevations, except for the multi-tenant building which could have two wall signs for each tenant. Wall sign size is limited to 20 percent of the gross wall area on which the sign is attached. e.All construction shall follow the plans date stamped March 30, 2004, with revisions as noted in this approval. All construction shall also follow the plans for the remodeled Buffalo Wild Wings, date stamped November 2, 2012.The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans, including a change to the site plan for the proposed future driveway access onto White Bear Avenue, pending Ramsey County engineer and city engineer approval. f.The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. g.The city council shall review this permit in one year. Seconded by Commissioner Arbuckle.Ayes –All The motion passed. Commissioner Trippler said he is displeased with the plan to use 8’ ft parking spacesand would prefer wider parking. This item will be heard by the city council on December 10, 2012. November 20,2012 3 Planning CommissionMeetingMinutes b.Comprehensive Lane Use Plan Amendment, Rezoning and Right-of-Way Vacations for a Proposed Senior’s Housing Apartment Building by Azure Properties, North side of Roselawn Avenue, East of McMenemy Street i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii.City Engineer, Deputy Public Works Director, Michael Thompson addressed and answered questions of the commission. iii.Tom Schuette, Azure Properties the representative for the proposal,addressed and answered questions of the commission. iv.Maplewood Park Manager, James Taylor addressed and answered questions of the commission. Chairperson Fischer opened the public hearing. The following people spoke during the public hearing: 1.Sharon Gebhardt, 1986 Arkwright St., Maplewood. 2.Herb Toenjes, 1950 Hawthorne. 3.John Mauer, 364 Toenjes Pl E, Maplewood. 4.Sharon Tarble, 1975 McMenemy St, Maplewood. 5.Janet Johnson, 1961 McMenemy St, Maplewood. 6.Jo Lynn Giles, 1967 McMenemy, Maplewood. 7.Bruce Roman, 1713 Laurie Rd E., Maplewood. 8.MauriceSchneider, 443 Roselawn Ave., Maplewood. 9.Kathleen Delaney,no addressed given. Chairperson Fischer closed the public hearing. Commissioner Trippler recommended voting on each of the 4 motions separately. CommissionerTripplermoved to approve theresolution amending the comprehensive land use plan classification from LDR (low density residential) and P (park) to HDR (high density residential) for property on the north side of Roselawn Avenue east of Edgemont Street. This property consists of the property including the easterly 10 feet of Edgemont Street to, and including, vacated Arkwright Street. Approval is based on the following reasons: 1.A goal of the Maplewood Comprehensive Land Use Plan is to strive for a variety of housing types for people of all stages of the life cycle. 2.The comprehensive plan also promoted and supports housing diversity. The plan states that the city will make efforts to provide for the housing and service needs of the elderly and disabled. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. Seconded by Commissioner Wensman.Ayes –All The motion passed. Commissioner Trippler recommended that the city consider changing the land use plan for the balance of the “park” property to G for government. November 20,2012 4 Planning CommissionMeetingMinutes Commissioner Tripplermoved to deny the proposed rezoning from R1 (single dwelling residential) to R3 (multiple dwelling residential) because: Seconded by Commissioner Durand.Ayes –All The motion to deny passed. Commissioner Trippler moved to approve a conditional use permit for a planned unitdevelopment to allow the construction of a 71-unit senior housing complex on the proposed site. Approval is based on the findings required by ordinance and subject to the following conditions: 1.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 2.The city council shall review this permit in one year. 3.Complete plans for the 71-unit senior housing complex shall be submitted to the city for review and approval. These plans shall include detailed architectural, civil, lighting, landscaping, site plans and any other details need for the review as may be determined. The site shall be designed to comply with the City of Maplewood stormwater ordinance. 4.Prior to the issuance of a grading or building permit, drainage easements shall be provided, to be approved by the city engineer, dedicated at no cost to the city, over the southern portion of the Rosoto Villa complex consistent with area drainage plans. 5.Prior to the issuance of a grading or building permit, drainage easements shall be provided, to be approved by the city engineer, or a plan to acquire said easements, must be completed with St. Jerome’s church that could include a plan to use the St. Jerome’s Church for recreational purposes, but must be part of a long-range plan for drainage of the area storm water ponds. 6.These conditions shall be a part of the final deed exchange of the sale of the city land to the developer and may be revised by the city engineer as deemed necessary to solve the area drainage improvements with the intent of protecting area properties from flooding from large drainage events. 7.Any revision to the proposed senior-housing development concept shall be subjectto the approval of the city council. 8.If the applicant has not started this development after two years, ordinance would require that this permit shall terminate. Should that occur, the zoning would revert to R1 (single dwelling residential) the city council must then consider possibly amending the land use plan again to LDR (low density residential) or possibly approving permanent zoning to R3 (multiple dwelling residential) for this property. Seconded by Commissioner Bierbaum.Ayes –Chairperson Fischer, Commissioner’sArbuckle, Bierbaum, Durand, & Wensman Nay–Commissioner Trippler The motion passed. November 20,2012 5 Planning CommissionMeetingMinutes Commissioner Trippler stated he voted nay because he doesn’t like voting for something he has no information about. It’s not enough information for him to approve. Commissioner Trippler moved to approve the resolution vacating the easterly 10 feet of Edgemont Street and the alley east of Edgemont Street on the north side of Roselawn Avenue. Approval is because it is in the public interest to vacate these rights-of-way since: a.Allowing the use of the easterly 10 feet of Edgemont Street for the applicant’s proposed apartment development would make it easier to meet wetland setbacks on the east side of the site. b.The remaining 50 feet of right-of-way is sufficient to provide a street to the property on the west side of Edgemont Street should that land develop. c.The alley east of Edgemont Street is not needed for traffic use or vehicular access. These vacations are subject to the applicable conditions stipulated in the engineering report by Steve Love dated January 31, 2012. Seconded by Commissioner Bierbaum.Ayes –Chairperson Fischer, Commissioner’s Arbuckle, Bierbaum, Durand, & Trippler Nay–Commissioner Wensman The motion passed. Commissioner Wensman asked when the city vacates a property,is it typically given back to the property owner on either side who hasbeen paying taxes on it for years? He asked how is it that it’s justified that only one property owner is obtaining the benefit from a vacation as opposed to the other?He stated that was the reason he voted Nay on this item. Commissioner Trippler asked if there is there an easement that goes through the property from north to southand if so why isn’t the city vacating the whole alley way? This item goes to the city council on November 26, 2012. c.Conditional Use Permit for the Cornerstone Community Church to belocated at 1616 Gervais Avenue i. Senior Planner, TomEkstrand gave the presentation and answered questions of the commission. ii.John Feikemarepresenting Cornerstone Community Church, 1616 Gervais Avenue. Addressed and answered questions of the commission. Chairperson Fischer opened the public hearing. 1.Cindy Hall, 1596 Grandview Ave., Maplewood. Chairperson Fischer closed the public hearing. November 20,2012 6 Planning CommissionMeetingMinutes Commissioner Tripplermoved to approve the resolution approving a conditional use permit for Cornerstone Community Church, located at 1616 Gervais Avenue. Approval is based on the findings required by ordinance and subject to the following conditions: 1.No exterior site or building exterior changes, except signage, shall take place unless approved by the city. Signs shall follow the comprehensive sign plan in placefor this business center as well as the city’s sign ordinance. Signs shall not be installed unless the applicant first obtains sign permits. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.All terms of the noise settlement agreement for the Maplewood 2 Business Center, as adopted by the city council in their CUP approvalon November 27, 2006, shall be complied with. Any determination as to whether noise generated by the applicant is “extraordinary, loud or disturbing” shall be made by city staff, or ultimately, by the city council. 5.The city shall monitor any noise complaints and report to the city council about compliance annually during. 6.All of the applicant’s parking shall be confined to the site and not allowed on city streets. 7.All conditions of the conditional use permit for this property shall continue to apply. 8.The applicant shall comply with all requirements of the building official, assistant fire chief and health officer. Seconded by Commissioner Arbuckle.Ayes –All The motion passed. This item goes to the city council on November 26, 2012. 6.NEW BUSINESS a.Ordinance Amendment –Reinforced –Turf Parking for Multi-Family Developments i.Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. CommissionerWensman moved to approve the staff recommendations. Take no action on amending the parking ordinance to allow reinforced-turf parking surfaces for multi-family developments. Seconded by Commissioner Durand.Ayes –Chairperson Fischer, Commissioner’s Bierbaum, Durand, Trippler, & Wensman Nay –Commissioner Arbuckle The motion passed. November 20,2012 7 Planning CommissionMeetingMinutes This item will go to the city council on December 10, 2012. b.Ordinance Amendment –Including the Housing and Redevelopment Authority Duties with those of the Business and Economic Development Commission i.Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. Commissioner Tripplermoved to approve the amendments to Division 9, the BEDC ordinance to include the duties and responsibilities of the HRA. Seconded by Commissioner Wensman.Ayes –All The motion passed. This item goes to the city council on November 26, 2012. c.Ordinance Amendments –The Transfer of Design Review Responsibilities to the Planning Commission Staff removed the item from the agendaby direction of the city council. 7.UNFINISHEDBUSINESS a.Living Streets Presentation and Update by Michael Thompson, Public Works Director i.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the commission. 8.VISITOR PRESENTATIONS None. 9.COMMISSION PRESENTATIONS a.Commission report for the City Council meeting of September 24, 2012. Chairperson Fischer was scheduled to attend but there were no planning commission items to review. b.Commission reports for the city council meetings of October 8, October 22 and November 15, 2012. There were no commission items to be discussed except for the single-dwelling- residential turf parking ordinance amendment and the resolution of appreciation for Gary Pearson on October 8which staff reported on. c.Upcoming city council meeting of November 26, 2012. Commissioner Trippler is scheduled to attend. Items scheduled for review are the Azure Properties Senior Housing Proposal, the Cornerstone Church CUP, and the ordinances to combine the HRA & BEDC. 10.STAFFPRESENTATIONS Staff handed 2013Maplewood Nature Center calendars as a thank you to commission members. November 20,2012 8 Planning CommissionMeetingMinutes 11.ADJOURNMENT Chairperson Fischer adjourned the meeting at 9:32p.m. November 20,2012 9 Planning CommissionMeetingMinutes MEMORANDUM TO:James Antonen, City Manager FROM:Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager Conditional Use Permit Revision–Woodland Hills ChurchFood Shelf SUBJECT: Proposal( simple-majority vote required for approval) LOCATION:1740 Van Dyke Street DATE:December 10, 2012 INTRODUCTION Woodland Hills Church, located at 1740 Van Dyke Street, is requesting that the city council revise theirconditional use permit (CUP)so they may operate a food shelf. Refer to the applicant’s letter of explanation. BACKGROUND January 10, 2000: The city council approved a CUP for Woodland Hills Church, a comprehensive land use plan amendment from BC (business commercial)to C (church)and amended the liquor license requirements to exempt the 100-foot spacing requirement for churches from on-sale/off-sale liquor establishments in instances where the liquor store was in operation before the church entered the neighborhood. (Note: at the time of the 2030 Comprehensive Land Use Plan adoption on January 25, 2010, the land use classification was changed from C to MU, mixed use.) The CUP was approved subject to the following conditions: 1.All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in oneyear. 4.The applicant shall do the following immediately with the Phase 1 improvements: overlay and restripe the parking lot on the west side of the building, patch pot holes in the parking lot on the remainder of the site, remove all litter, damaged items and debris, remove the wooden fence and restore the grass. 5.The landscape plan shall be submitted to the community design review board for approval before any landscaping is added. 6.Plans for any changes to the building exterior, other than painting orrepairs, shall be submitted to the community design review board for review and approval. February 1, 2001: The city council approved a one-year extension of Woodland Hill’s CUP in order to check the progress of the church’s construction. April 8, 2002: The city council approved a one-year extension of Woodland Hill’s CUP in order to check the progress of the church’s construction. June 9, 2003: The city council moved to review the CUP for Woodland Hills Church again only if there are changes proposed to the CUP, there is an expansion to the facility or if a problem arises. January 24, 2011: The city council approved an amendment to the CUP for Woodland Hills Church to permit atemporary homeless shelterto operate twice a year. Each occasion would be for up to a one month period—two months per year total. These most recent CUP conditions are listed in the Recommendation below. DISCUSSION Neighbors’ Comments Staff surveyed the owners of the 95 properties within 500 feet of the Woodland HillsChurch property for their opinions about this proposal. Of the 14 replies, nine were in favor, two were opposed, two had no comment and one was in favor, but with a concern. Those opposed or with concerns stated: Would it only serve people that livein Maplewood and how would they prove where they live? If this food shelf would be for Maplewood residents only I would have no problem with the proposal. This is an inappropriate location. The church already has overtaken parking for their services, therefore, I am opposed. There is already too much crime and vandalism to our property and this would bring more poor people to the block and could bring more crimes. Staff’s Replies to these concerns Staff doesn’t see any relevance based on where customers are from. There would be no conflict with, or addition to, Sunday-service traffic, since the proposed food shelf would be open from 3:00 p.m. to 7:00 p.m. Mondays and from 10:00 a.m. to 2:00 p.m. Wednesdays. Staff checked with Lieutenant Doblar of the Maplewood Police Department for his input regarding neighborhood crime incidents and the potential for crime due to the proposed food shelf. He stated that “there is no evidence that the additional traffic generated by a food shelf at Woodland Hills Church is going to increase crime and vandalism in and around the Woodland Hills area. The crimesthat are experienced around this area are mostly confined to vehicle break-ins at the Plaza movie theatre and Performance Transmission and theft/burglaries at the car wash and other crimes of opportunity.” CUP Findingsfor Approval The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. In summary, these state that the use would (refer to the resolution for the complete wording): Comply with the city’s comprehensive plan and zoning code. Maintain the existing or planned character of the neighborhood. Not depreciate property values. Not cause any disturbance or nuisance. Not cause excessive traffic. Be served by adequate public facilities and police/fire protection. Not create excessive additional costs for public services. Maximize and preserve the site’s natural and scenic features. Not cause adverse environmental effects. The proposed temporary shelter meets these nine criteria. Staff Comments Assistant Fire Chief The applicant must make sure not to store any materials that would block a fire sprinkler system. Police No issues. Building Official Staff would like to do a walk-through in the building and perform an inspection before the food shelf shelving and product is installed. Health Officer No Issues. Conclusion Staff does not see any problem with this proposal. The proposed hours of operation are only for four hourson Mondays and four hours on Wednesdays. Deliveries are anticipated only once a weekduring business hours.Staff suggests formalizing those hours of operation in the CUP conditions, with the provision that staff may allow revisions to those hours. Staff would like to avoid having to require a CUP revision should the applicant like to increase hours by a small amount or by adding additional days. RECOMMENDATION Adopt the resolution approving a conditional use permitrevision for Woodland Hills Church, located at 1740 Van Dyke Street, to operate a food shelf.Approval is based on the findings required by ordinance and subject to the following conditions(additions are underlined): 1.All construction shall follow the site plan approved by the city. Staffmay approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permitin one year. 4.The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a timeas proposed. 5.Woodland Hills Church shall provide constant supervision when thetemporary shelter is in operation. 6.Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning the operation of the temporary shelter. 7.Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8.Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9.The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year operation of the homeless shelter. 10.The food shelf shall be limited to the following days and times: from 3:00 p.m. to 7:00 p.m. Mondays and from 10:00 a.m. to 2:00 p.m. on Wednesdays. Staff may approve revisions to when the food shelf is open to the public. CITIZEN COMMENTS Staff surveyed the owners of the 95properties within 500 feet of the Woodland Hills Church property. Of the 14replies,ninewere in favor, twowere opposed, two had no comment and one was in favor, but with aconcern. In Favor 1.I strongly support Woodland Hills efforts to provide a food shelf at their church. They are an excellent partner to the community and this is the type of service that can truly help the needy in the Maplewood area. Please allow this permit. (Gladstone Properties, 1246 Shryer Avenue) 2.I think it would be a great idea to have a food shelf at this location doing what we should be doing for those who need our help. (Jeffrey and Kathleen Wittenberg, 1665 Darlene Street) 3.Yours is a worthy endeavor and I support it. God Bless. (Joan Prill, 1677 Hazel Street) 4.I am aware there is a need for this in Maplewood and have no objection. (Marlene Lallier, 1908 Ripley Avenue) 5.I feel a food shelf at the church would be a wonderful thing as Maplewood has none. I feel this would be a blessing to those served and to the community. Thank you Woodland Hills. (Anita Heinrichs Barton, 1657 Hazel Street) 6.I live in the neighborhood behind Woodland Hills Church. I DO support the Woodland Hills Church food shelf proposal—a needed service in our area. (Cindy Romanik) 7.We received your letter today requesting feedback on the Woodland Hills Church Food Shelf Proposal. We applaud the effort to reach out to the families in need in the area. We would support the approval of a conditional use permit for this purpose. Thank you. (Rod and Lil Johnson, 1935 Larpenteur Avenue) 8.Thank you for considering our opinion in this neighborhood. It would be a great idea to operate a food shelf at Woodland Hills. They are an asset to our neighborhood. We all know and realize how important it is to help needy families with their basicneed of food. Hope it is approved. (Joan Seckinger, 1657 Darlene Street) 9.Thanks for the letter informing us of the proposal for a food shelf at Woodland Hills. Our family is 100% behind this proposal as we think it would meet a great need in our neighborhood and surrounding community. To have help with basic needs like food, families can put more of their income toward education supplies for their kids and other expenses like heating and warm clothes during the cold winter season. I think it’s great that Woodland Hills is standing in the gap for those with their basic needs unmet. Thanks for your consideration. (Cory and Summer Wright, 1936 Price Avenue) In Favor, but with a concern 1.My only question would be,would it only serve people that live in Maplewood and how would they prove where they live? Reason I ask is because statement made that N. St. Paul no longer serves Maplewood residents. I also ask because location is so near to St. Paul. If this proposal is to serve only Maplewood residents I have no problem with the proposal. (Peter and Patricia Frank, 1921 Price Avenue) Opposed I am replying to your letter on the proposal. I am against this proposal on several levels. 1. Although I do appreciate the intent of the church, I do not feelthis is the appropriate location. The church already has over taken parking for their services—cars are seen up & down Van Dyke over to Perkins and south China Island. Therefore, my opinion is I’m against any kind of permit. (Mary Engebretson, 1642 VanDyke Street) Opposed to this. We’ve had quite a bit of crime/vandalism to our property & feel bringing 2. more poor people to the block could bring more crimes. We also are struggling with the economy and can’t handle the added expense of insurance deductibles, replacing stolen items and fixing attempted break-in damages.(Jeffrey and Joan Knutson, 9235 Knollwood Drive) REFERENCE INFORMATION SITE DESCRIPTION Site size: 13.69acres Existing land use: Woodland Hills Church SURROUNDING LAND USES North: Ripley Avenue, South China Island Restaurant and Goodrich Golf Course South: Plaza Theater, single dwellings and Larpenteur Avenue East: Single dwellings West: Van Dyke Street and commercial businesses PLANNING Land Use Plan designation: MU (mixed use) Zoning: MU CODE REQUIREMENTS Section 44-1092(3) of the city ordinances requires a CUP for churches and institutions of any educational, philanthropic and charitable nature. Findings for CUP Approval Section 44-1097(a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. APPLICATION DATE The application for this request was complete on November 15, 2012. State law requires that the city council decide onland use applications within 60 days. State law also allows the city to extend this review deadline an additional 60 days if more time is needed to complete the review. Since the city council’s meeting schedule, because of the holidays,would not allow their review until January 28, 2013, which is after the initial 60-day period, staff extended the deadline for council action to March 15, 2013. p:sec14\woodland hills church food shelf CUPPC Report 12 12te Attachments: 1.Zoning Map 2.Land Use Plan Map 3.Applicant’s Written Narrative(two pages) 4.Resolution Attachment 4 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Woodland Hills Churchapplied for a conditional use permitrevisionto operate a food shelf. WHEREAS, Section 44-1092(3) of the cityordinances requires a conditional use permit for churches and institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 1740 Van Dyke Street. The legal description is: PID # 14 29 22 33 0001 WHEREAS, the history of this conditional use permit is as follows: 1.On December 18, 2012, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council ________this permit. 2. On ____________, 2013, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause no more than minimal adverse environmental effects. 9. Approval is subject to the following conditions: 1.All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a time as proposed. 5.Woodland Hills Church shall provide constant supervision when the temporary shelter is in operation. 6.Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning the operation of the temporary shelter. 7.Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8.Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9.The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year of the homeless shelter. 10.The foodshelf shall be limited to the following days and times: from 3:00 p.m. to 7:00 p.m. Mondays and from 10:00 a.m. to 2:00 p.m. on Wednesdays. Staff may approve revisions to whenthe food shelf is open to the public. The Maplewood City Council __________this resolution on ___________.