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HomeMy WebLinkAbout2014-06-17 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday,June 17, 2014 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.May 20,2014 5.Public Hearing a.7:00 p.m. or later: Approval of the following Requests at 3030 Southlawn Drive: 1)AConditional Use Permit to Allow Multi-Family Housing in a Business Commercial District at the Days Inn Building 2)A Parking Reduction for Fewer Parking Spaces than Required 3)A Unit-Size Reduction Variance b.7:00 p.m. or later: Approval of the Maekloth Addition Preliminary Plan and Final Plat, Hazelwood Street and County road D East 6.New Business 7.Unfinished Business 8.Visitor Presentations 9.Commission Presentations a.Commission presentation for theMay 26, 2014 city council meeting. Commissioner Arbuckle was scheduled to attend but this meeting was cancelled due to it falling on Memorial Day. b.Commission representation for the June 9, 2014 city council meeting. Commissioner Diatta wasscheduled to attend. Items to be reviewed are the Just Rita’s Home Occupation request at 2139 Edgerton Street, the reconsideration of an ordinance amendment requested by U- Haul to allow indoor warehousing in a BC district, the CUP for used car sales on Cope Avenue at the Maplewood Office Park and the CUP and variances for the Holiday Station Store on Cope Avenue and English Street. c.Commission representation for the June 23, 2014 city council meeting. Commissioner Bierbaum is scheduled to attend. There are no anticipated items scheduled for this meeting. d.Commission representation for the July 14, 2014 city council meeting. Anticipated items are the CUP for the Days Inn Hotel Conversionto Senior Housing and the Maekloth Addition Preliminary/Final Plat 10.Staff Presentations 11.Adjournment DRAFT MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 20,2014 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 Desai. 2.ROLL CALL Present at 7:03 Paul Arbuckle, Commissioner Al Bierbaum, CommissionerPresent Tushar Desai,ChairpersonPresent Absent Yaya Diatta, Commissioner John Donofrio, CommissionerPresent Allan Ige, CommissionerPresent Bill Kempe, CommissionerPresent Donn Lindstrom, CommissionerPresent Dale Trippler, CommissionerPresent Staff Present: Tom Ekstrand, Senior Planner 3.APPROVAL OF AGENDA CommissionerTripplermoved to approve the agenda as submitted. Seconded by CommissionerKempe.Ayes –All The motion passed. 4.APPROVAL OF MINUTES CommissionerTripplermoved to approve theMay 6,2014, PCminutes as submitted. Seconded by CommissionerIge.Ayes –Commissioner’s Donofrio, Ige, Kempe, Lindstrom & Trippler Abstentions –Chairperson Desai & Commissioner Bierbaum The motion passed. 5.PUBLIC HEARING a.7:00 p.m. or later: Approval of a Conditional Use Permit for Used Car Sales at the Maplewood Office Park, 1705 Cope Avenue i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii.The applicant, Dennis Newcomb, 4 Seasons Auto Sales, 1705 Cope Avenue addressed and answered questions of the commission. May 20, 2014 1 Planning CommissionMeetingMinutes iii.Employee, Jim Long, 4 Seasons Auto Sales, 1705 Cope Avenue,addressed and answered questions of the commission. Chairperson Desai opened the public hearing. 1.Shelly Larson, Maplewood resident 1713Lark Avenue,addressed the commission.Ms. Larson is opposedto the proposal. 2.JoeO’Brien, Maplewood resident 1706 Lark Avenue,addressed the commission.Mr. O’Brien is opposedto the proposal. Chairperson Desai closed the public hearing. Commissioner Tripplermoved to approvethe conditional use permit resolution to allow a used- car sales business located at 1705 Cope Avenue. Approval is based on the findings required by (additions to the motion are underlined and ordinance and subject to the following conditions: in bold) 1.All construction shall follow the site plan date-stamped April 14, 2014, 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 property owner shall clean up the site in the following ways (to be completed in six months from this approval, unless otherwise noted): The brush pile along the west side of the property shall be hauled away. The unapproved signs on the site shall be removed immediately. A trash enclosure with a closeable, 100 percent opaque gate, shall be built for the trash dumpster which is sitting in the open. The main ground sign for the Maplewood Office Park shall be repaired to be more presentable. 5.New signs, if not in compliance with the comprehensive sign plan, shall be submitted to the community design review board as an amendment to the current sign plan. This approval must be granted prior to the installation of any signs that do not comply with the current sign criteria. 6.The applicant shall not exceed a total ten cars for sale at any one time. 7.Hours of operation shall be Monday –Friday 10 a.m. –7 p.m., Saturday 10 a.m. –6 p.m. and closed on Sunday. Seconded by Commissioner Lindstrom.Ayes –Chairperson Desai, Commissioner’s Donofrio, Ige, Kempe, Lindstrom & Trippler Nay–Commissioner Bierbaum May 20, 2014 2 Planning CommissionMeetingMinutes Commissioner Bierbaum voted Nay because he is concerned that the owner hasn’t cleaned up the property very well and the applicant has broken the city rules by putting cars on the lot before the city council has even reviewed the proposal yet. The motion passed. b.7:00 p.m. or later: Approval of the following requests for a Holiday Station Store, 1285 Cope Avenue East: 1)Approval of a Resolution for a Conditional Use Permit Revision with Reduced Building Proximity to a Residential District 2)Approval of a Resolution for Building and Parking Lot Setback Variances i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii.CFO of Linn Companies,Steven Linn, Representing the Holiday Station Store, 1285 Cope Avenue East, addressed and answered questions of the commission. Chairperson Desai opened the public hearing. 1.Ann Clelland,1308 Cope Avenue, Maplewood, has concerns about late night early morning deliveries, having a 24-hour operation, and traffic concerns, she is mostly opposed to the proposal. 2.Richard Rydeen, 2240 English Street, Maplewood, has concerns about the traffic in the area and the lights. 3.Joe O’Brien,1706 Lark Avenue, Maplewood, approves the proposal but has concerns about the traffic and traffic flow, and number of sales between 7 am –8:30 a.m., and the neon lighting is a concern for him, and he would like ask for it to be built using union labor to work on the proposal. 4.Mary Jo Cocharella, Owner of Baby Zone which is hoping to be relocated at the Hostess Discount Bakery location, Ms. Cocharella approves the proposal.If the proposal does not go through she has a 2 year lease at this location. 5.Dick Hanson, Cottage Grove,knows the owners of the Holiday Stationand spoke about his experience living in the neighborhood of the Cottage Grove Holiday Station Store that was built.He said he would be concerned about traffic flow in the area.He likes having his station being open 24 hours a day. It’s safer to have the business operating24 hours a day;he also stated it’s nicer to have a car wash building attached to the building rather than having it a separate building. Hesaid the neighbors could plant trees on their propertyto block the view of the station but planting trees on the holiday station property is a security concern. 6.Staff read an email aloud from Tom Shock, 1276 Cope Court, Maplewood. 7.Marv Cocharella, his daughter is Mary Jo Cocharella, owner of Baby Zone. He approves the proposal. The proposal is much better than what is there currently, it will improve the neighborhood. Chairperson Desai closed the public hearing. Commissioner Trippler suggested some wording changes in the design review recommendations. Staffsaid those corrections would be made to the report for the design review boards consideration. Commissioner Bierbaum moved to approve the resolution approving a conditional use permit revision for a major motor fuel station to be located at 1285 Cope Avenue. This CUP allows the following aspects of the proposed Holiday Station Store: to be open 24 hours a day, to be constructed closer than 350 feet to a residential district. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): May 20, 2014 3 Planning CommissionMeetingMinutes a.Adherence to the site plan, dated May 27, 1988April 25, 2014, unless a change is approved by the City’s Community Design Review BoardCity Council. b.The right-turn lane proposed along English Street shall be subject to the City Engineer’s and MnDOT’s approval. c.The applicant shall restriperepair any disturbances to the sidewalk and curbs alongEnglish Street and Cope Avenue,and widen it if necessary, to provide a left turn lane for west bound Highway 36, subject to the MnDOT’s and theCity Engineer’s approval. d.The landscape plan shall be revised for Community Design Review Boardstaff’sapproval showing: 1)On-site berming along Cope Avenue and English Street. These berms shall be four feet tall. The berm on English Street shall be in line with the south line of the gas canopy to Cope Avenue. 2)A thick screen of evergreen plantings shall be provided, maintained and replaced when necessary on top of the berms to block headlight glare, to meet the requirements of Section 36-27-44-19of the City code. 3)Trees shall also be planted on top of the berms.A wrought-iron fence along the English Street property, from the northeast corner to the south line of the gas canopy. Additional plantings should be provided along the fence. e.Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. f.The upper floor uses, facing Cope Avenue, shall not be open between the hours of 10:00 P.M. and 7:00 A.M.Fuel station and convenience store allowed to be open 24 hours a day. Intercom use and car wash shall be limited to the hours of 6 a.m. through 11 p.m. g.There shall be no temporary or permanent outside storage or sales, except fuel Outdoor storage and sales allowed along the south building elevation and under the gas canopy. Outdoor storage and sales are not allowed anywhere else on site. h.Decorative lighting is prohibited on the building or any freestanding signs. i.All lighting within the gas canopy area must be recessed into the fuel island canopy. Commissioner Bierbaum moved to approve the resolution approving the following setback variances for the proposed Holiday Station Store building and parking lot: a ten-foot building setback from thenorth property line (code requires 30 feet and 20 feet is proposed) and a ten- foot parking lot setback for the parking lot from the north and east property lines (code requires 15 feet and five feet is proposed). These variance approvals are based on thefollowing findings: a.The proposed use would be in harmony with the general purposes and intent of the zoning ordinance since the wide boulevards on the north and east would provide substantial building and parking lot setbacks on those sides. b.The proposed commercial use is consistent with the commercial classification of the Maplewood Comprehensive Plan. May 20, 2014 4 Planning CommissionMeetingMinutes c.The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city’s major motor fuel station setback requirements. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance will not alter the essential character of the locality. Seconded by Commissioner Ige.Ayes –Chairperson Desai, Commissioner’sArbuckle, Bierbaum, Donofrio, Ige, & Lindstrom Nays–Commissioner’s Kempe & Trippler The motion passed. Commissioner’s Kempe and Trippler said he voted nay because of the request to operate 24 hours. This goes to the city council on June 9, 2014. 6.NEW BUSINESS None. 7.UNFINISHEDBUSINESS None. 8.VISITOR PRESENTATIONS None. 9.COMMISSION PRESENTATIONS a.Commission presentation for the May 12, 2014, city council meeting. Commissioner Desai was scheduled to attend. Staff gave the PC recommendations. The items discussed were the Verizon Wireless CUP, the Hobby Lobby parking lot setback reduction CUP, the Beaver Lake Elementary School Addition CUP, the garage setback variance request for 798 McKnight Rd N.and the shoreland setback request for 2843 Meadowlark Lane, which were approved. b.Commission representation for the May 26, 2014, city council meeting. Commissioner Arbuckle was scheduled to attend but the council meeting falls on Memorial Day and the meeting is cancelled. c.Commission representation for the June 9, 2014, city council meeting. Commissioner Diatta is scheduled to attend, staff will present in his absence. Items to be reviewed are the Just Rita’s Home Occupation at 2139 Edgerton St.and reconsideration of an ordinance amendment requested by U-Haul to allow indoor warehousing in a BC district, CUP for Used Car Sales at Maplewood Office Park,1705 Cope Ave.and the Holiday StationStore request for CUP Revision and Request for Building and Parking Lot Setback Variances at 1285 Cope Avenue. 10.STAFFPRESENTATIONS None. May 20, 2014 5 Planning CommissionMeetingMinutes 11.ADJOURNMENT Chairperson Desaiadjourned the meeting at 9:32p.m. May 20, 2014 6 Planning CommissionMeetingMinutes MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner DATE: June 6, 2014 SUBJECT: Approval of the Following Requests: 1.AConditional Use Permit to Allow Multi-Family Housing in a Business Commercial District at the Days Inn Building, 3030Southlawn Drive 2.A Parking Reduction for Fewer Parking Spaces than Required 3.AUnit-Size Reduction Variance 4.Design Plans Introduction Albert Miller is proposing to convert the 120-room Days Inn west of the Maplewood Mall into 115 units of senior housing. Mr. Miller is proposing a mix of assisted living and memory care apartments.This proposal includes a parking reduction from 230 parking spaces to 73parking spaces and a unit-size reduction from 580 square feet to a memory care unit range from 312 square feet for memory care units to 364 square feet for studio unitsto 640 square feet for one- bedroom units. City code allows multi-family housing in BC (business commercial) zoning districts by conditional use permit (CUP). Refer to the attachments. Requests A CUP for multi-family seniors housing in a BC zoning district. A parking waiver for fewer parking spaces than code requires. Code requires 230 parking spaces. The applicant proposes73. A unit-size reductionvarianceto provide memory-care unit sizes beginning at 312 square feet.Code requires a minimum of 580 square feet. Approval of building, siteand landscaping plans. Background 1977: The community design review boardapproved the plans for this building as aHoliday Inn.Construction began that year. Discussion CUP Consideration The zoning ordinance requires that the city council findthat all nine “standards” for CUP approval be met to allow a CUP. These standards for approval are: 1.The use would be located, designed, maintained, constructed and operated to be inconformity with the City's Comprehensive Plan and Code of Ordinances. 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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 scenicfeatures into the development design. 9.The use would cause minimal adverse environmental effects. Staff does not see any reason why this use would not fit the above criteria. Our mainconcern, though,has been whether this conversion to senior housing is appropriate in a heavily developed commercial area. Would the Myth Nightclub be a suitable neighbor to senior citizens? Would this use be compatible with the commercial activity surrounding the Maplewood Mall? Police Chief, Paul Schnell, raised concerns also about compatibility with the possibility of memory-care residents “walking off” from the facility. Staff asked the applicant to respond to Chief Schnell’s comments which are in black and the applicant’s reply is in blue. Is there a targeted senior clientele they could hope to attract to this facility over others. In other words, how does their expected resident population compare to what might otherwise go to a new facility, like a White Pines type facility?Is there any difference? The Senior Living facility at the Maplewood Hotel aims to attract people needing memory care or assisted living services at an intermediate cost when compared to other senior living facilities.Presumably, the facility would be attractive to people who want quality care and living but cannot afford the premiums of a facility like the Seasons of Maplewood which is just across Southlawn Drive from the current hotel. Given their desire to target memory care type residents, I’m interested in their facility security and staffing plan.Patient walkaways can be a very time consuming call for service. This is a very reasonable concern, and one that is critical to the operation of a successful memory care facility.The layout and operation of the facility including internal circulation, door hardware, and 24-hour staffing will be situated to prevent patient walkaways.Memory care patients are locked in and secluded to specific areas of the facility and cannot leave unless escorted by a staff member. Also, residents in memory care will have access to the outside areas labeled as “Memory Garden” on the plans.The Gardens similar are to the interior, these outside areas designated for memory care patients will be locked and monitored to prevent walkaways.To put it simply, these residents are locked into certain areas of the facility and cannot leave unless escorted by someone with approved access.Finally, the24-hour staff will have a protocol in place toget residents evacuated from these locked areas in the event of a fire or other emergency. However, with all these measures in place, patient walkaways do happen on rare occasion.We are aware of one instance at the Shores of Lake Phalen where a patient escaped and to our understanding, was found by staff and brought back to the residence.In cases where a particular patient attempts to walk away on one or more occasions, they can be equipped with a monitoring device that would send an alarm with theirlocation if they leave the facility. Broadly, the proposed development use seems and feels contrary to the general retail and entertainment specific to the area. Given the land use in the IMMEDIATE area, I wonder if residents of the facility would or could have reduction in quality of life based on noise and traffic in the immediate area We agree that the proposed use may seem contrary to many of the adjacent properties. However, the Seasons of Maplewood is located just across Southlawn Drive from the Existing Hotel. Also, many of the adjacent properties would be ideal for residents and visitors of the facility.People coming to visit family members could use the Mall and adjacent businesses.Also, the public library and adjacent park across Southlawn drive could be used by both residents and guests. An anecdotal bit of information: we areon the national search team from Ryan Development (a component of Ryan Construction) as they try to take senior housing to a national level. Our firstproject together is near the Arbor Lakes Shopping district in Maple Grove. Nationally Ryan Development is only searching for sites that are adjacent or part of large suburban shopping districts. Density Being that the site is zoned BC and guided C (commercial) there is no set density maximum established for multi-housing. Staff reviewed this proposal with the city attorney and he advised that, being that the zoning ordinance allows multi-family development in a BC district, staff should use their best judgmentin determining a reasonable density. The proposed density of this 115 unitfacilityonthe 6.7acre site would be 17 units per acre. This equates to the comprehensive plan’s density for HDR (high density residential). The density allowed in areas guided as HDR would permit a density range between 10 and 25 units per acre. Staff has no issue with this density. Seniors facilities such as the proposed one have the impact of a much lesser density since most of the residents do not drive and largely stay within the facility. Parking Reduction City code requires that apartment buildings have two parking spaces for each unit. One of which must be a garage space. With a proposed 115 living units,the code would require 230 parking stalls—115 garage spaces and 115 open parking spaces. The applicant is proposing 73parking spaces. Staff agrees that the proposed 73 parking spaces would be an adequate amount of parking spaces. The city regularly determines that senior housing facilities do not require two spaces per unit as code requires for family housing. As example, the recently completed Shores assisted-living and memory-care facility on Frost Avenue, with 105 units, was approved to have 24 outdoor parking spaces and 28 underground garage parking spaces totaling 52. Unit Size The applicant has provided the following justification for the unit sizes: We request a variance due to the fact that this type of facility does not require larger units because so much spaceis dedicated to common areas.In assisted living and memory care facilities, residents tend to spend most of their free time in the common spaces, using their personal rooms mostly for resting.Meals are served in common areas sothe rooms do not require large kitchens.Activities are set up in the common areas and conducted by staff so little room is needed in the individual units for social activities.When looking at the proposed floor plans, you’ll notice when compared to a typical multifamily housing project, there is significantly more common space dedicated for this facility. The city has allowed smaller unit sizes in the recent past primarily for memory-care units as shown in this comparison: Project NameNumber of Units(includes memory care)Approved Unit Size Comforts of Home42(15 MC)221 to 360 sq ft Lakewood Commons100(30 MC)425 sq ft The Shores105(32 MC)433 sq ft The Seasons150(30 MC)382 sq ft Proposed Days Inn Conversion115(54MC)312to 640 sq ft The senior-housing industry, however, has moved toward smaller room sizes since it has found that the larger spaces are not needed for assisted-or memory-care units. The city has allowed smaller unit sizes for assisted and memory-care units fairly regularly with recent projects as noted above.Staff does not find a problem with this request for these units. Building Design The applicant proposes to repaint the existing brick-embossed concrete block and stucco, repair the damaged retaining wall and repair the damaged trash enclosure. These are welcome changes. Parking Lot Removal The northerly parking lot would be removed with a driveway connection retained between the Mall Ring Road and Southlawn Drive. The area of parking lot removal will be restored with grass. The northerly east-west driveway that would remain would be curbedwith an up-right six-inch curb and gutter. The applicant alsoproposes toremove the driveway on the west side of the buildingand landscape this area. Site Lighting The applicant is not proposing any changes to the site lighting. Landscaping The site would be re-landscaped with a considerable amount of plantings around the entire building. As mentioned, the northerly parking lot will be restored with grass except for keeping a paved area for the east-west driveway connection. Department Comments Building Official Nick Carver,buildingofficial, stated that, because this is a “change of use,” it requires that the applicant comply with all current codes. Engineering Refer to the engineering report by Jon Jarosch, staff engineerdated June 6, 2014. Fire Marshal Butch Gervais, assistant fire chief, stated that the applicant will need to comply with all current state and local fire codes. Police Paul Schnell, police chief, commented about this proposal. Chief Schnell’s comments were discussed above under the CUP Consideration section above. Budget Impact A possible impact to the city could be if the police are needed to respond to callsabout a memory-care resident “walkaway.” Recommendations A.Approve aconditional use permit resolution to allow multi-family seniors housing in a BC zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1.All construction shall follow the site plan date-stamped June 2, 2014approved 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 permit in one year. 4.If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stallsto meet their needs, subject to staff approval. 5.The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6.The applicant shall comply with the requirements of the city’s building official, assistant fire chief andhealth officer. 7.This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. B.Approval of a parking waiver for fewer parking spaces than code requires, allowing73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since seniorhousing facilities do not require the amount of parking needed for typical multi-family housing needs.Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. C.Approval of a variance resolution to allow aliving-unit size reduction. This variance allows memory-care living units beginning at 312 square feet.Code requires a minimum of 580 square feet. This variance is based on the findings that: 1.Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards forsuch housing. 2.The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plansince the Plan encourages the city to provide life- cycle housing for its residents. 3.The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. D.Approval of the plans date-stamped June 2, 2014, for the Days Inn Hotel Conversion to senior housing. Approval is subject to the following conditions: 1.Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2.The applicant shall obtain a conditional use permit from the city council for the proposed housing facility in a BC (business commercial) zoning district. 3.The applicant shall complete the site improvements as proposed in the plans. This includes all landscaping, trash enclosure upgrades, retaining wall repair, building painting and parking lot and driveway changes and improvements. 4.After its removal, the old parking lot surface shall be restored to lawn and kept maintained and mowed. 5.The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated June 4, 2014. 6.The applicant shall comply with all requirements of the city’s building official, assistant fire chief and health officer. 7.The applicant shall obtain approval of a parking waiver from the city council before beginning this project. 8.The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. Reference Information Site Description Site size: 6.7acres Existing land use: The Days Inn Surrounding Land Uses North:The Myth Nightclub South:Maplewood Mall parking lot and ring road drive East:Maplewood Mall and Mall parking lot West:Southlawn Drive and Ramsey County Public Library Planning Land Use Plan designation: C(commercial) Zoning: BC(business commercial) Code Requirement Section 44-512 (1) of the BC zoning district states that a conditional use permit may be granted for “all permitted uses in the R3 district.” 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. Findings for Variance Approval State statute requires that in order to grant a variance, the city council must determine that the proposal is found to be: (1)In harmony with the general purposes and intent of the official control; (2)Consistent with the comprehensive plan; (3)When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. Application Date The application for thisrequest wascomplete onJune 2, 2014. State law requires that the city decide on these applications within 60 days. The deadline for city council action is August 1, 2014. Attachments 1.Conditional Use Permit Resolution 2.Variance Resolution 3.Location Map 4.Land Use Plan Map 5.Zoning Map 6.Applicant’s Letter of Requestdated May 19, 2014 7.Site Planof Existing Conditions 8.Site Plan Proposal 9.Building Elevations 10.Engineering Report dated June 6, 2014 p:sec2N\Hotel Conversion Days Inn Property\Days Inn Conversion to Senior Housing PC Report 6 14 te Attachment 1 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Albert Millerhas applied for a conditional use permit to put a multi-housing seniors housing facility in a BC (business commercial) zoning district; WHEREAS, Section 44-512 (1) of the BC district requirements states that a conditional use permit may be granted for “all permitted uses in the R3 district.” WHEREAS, this permit applies to the property located at 3030 Southlawn Drive.The property identification number of this property is: 022922220010 WHEREAS, the history of this conditional use permit is as follows: 1.OnJune 17, 2014, 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 reports and recommendation of city staff. The planning commission recommended that the city council _______this permit. 2.On ____________, 2014, 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 Code of Ordinances. 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. Attachment 1 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. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.All construction shall follow the site plan date-stamped June 2, 2014 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.If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. 5.The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6.The applicant shall comply with the requirements of the city’s building official, assistant fire chief andhealth officer. 7.This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. The Maplewood City Council _________ this resolution on _______, 2014. Attachment 2 VARIANCE RESOLUTION WHEREAS, Albert Millerapplied fora variance from the minimum unit size requirements for multi-family housing developments. Mr. Miller is requesting that the minimum size ofmemory- care living units in his proposed senior housing facility start at 312 square feet in area; WHEARAS, city ordinance requires a minimum multi-family unit size of 580 square feet; WHEREAS, this variance appliesto the property at 3030 Southlawn Drive. The property identification number for this property is: 022922220010 WHEREAS, the history of this variance is as follows: 1.The planning commission held a public hearing on June 17, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commissionalso considered reports and recommendations from the city staff. The planning commission recommended that the city council ________thisvariance. 2. On _____________, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described variances since: 1.Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2.The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3.The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. The Maplewood City Council ________ this resolution on _________, 2014. Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 6 Attachment 7 Attachment 8 Attachment 9 Attachment 10 Attachment 10 Attachment 10 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner Steven Love, Assistant City Engineer DATE: June 3, 2014 SUBJECT: Approval of the Maekloth Addition Preliminary Plat and Final Plat, Hazelwood Street and County Road DEast Introduction The City of Maplewood is requesting approval of the preliminary plat and final plat for a 1.9 acre parcel called the Maekloth Addition. The City of Maplewood owns this parcel and is presently marketing it for sale for commercial development. Background The city acquired this land as a result of the construction project to realign County Road D and the County Road D/Hazelwood Street intersection.Theserealignments wereto create a safer intersection butresulted in excess Hazelwood Street right-of-way. On April 11, 2011,the city council vacated the excess Hazelwood Street right-of-way. On March 10, 2014, the city council vacated a remaining right-of-way easement which covered the subject property.Refer to the attached 2011 right-of-way vacation detail. The subject property is planned for I(industrial) use and zonedM1 (light manufacturing). Both allow commercial or light industrial development. The site is accessedfrom Hazelwood Street and sanitary sewer and public water mains are available. Discussion The above vacation approvalsby the city council “cleaned-up” the property allowing for the drafting of the Maekloth Addition plat by staff. Staff has worked with Ramsey County on the creation of this plat,whichhas approved the Maekloth Addition both as a preliminaryplatand as a final plat.Once the city council approves thisfinal platitmay be recorded with Ramsey County. Recommendation Approve the preliminary plat and thefinal plat for the Maekloth Addition, located at the southwest corner of County Road D East and Hazelwood Street. Attachments 1.Location Map 2.Land Use Plan Map 3.Zoning Map 4.Maekloth Addition Preliminary/Final Plat 5.2011 Right-of-Way Vacation Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5