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HomeMy WebLinkAbout8/20/1990 25 MAPLEWOOD PLANNING COMMISSION August 20, 1990 7:30 P.M. Maplewood Room 1830 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 1. Call to Order 2. Roll Call 3. Approval of Minutes: August 6, 1990 4. Approval of Agenda 5. Unfinished Business a. Conditional Use Permit Renewal & Revision: 1285 Cope Ave. (Englewood Shops) b. Plan Amendment & Rezoning: 2708 Minnehaha Ave. (McDonald's) 6. New Business a. Rezoning: 1700 Co. Rd. D (Weston Real Estate) 7. Visitor Presentations 8. Commission Presentations a. Council Meeting: August 13 b. Representative for the August 27 Council Meeting: ? 9. Staff Presentations 10. Adjournment ` MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA AUGUST 6, 1990 1. CALL TO ORDER Chairperson Axdahl called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner Roger Anitzberger Absent Commissioner Lester Axdahl Present Commissioner Richard Barrett Present Commissioner Robert Cardinal Present Commissioner Sue Fiola Present Commissioner Lorraine Fischer Present Commissioner Gary Gerke Present Commissioner Dennis Larson Absent Commissioner William Rossbach Absent Commissioner Marvin Sigmundik Present Commissioner Brian Sinn Absent 3. APPROVAL OF MINUTES a. July 16, 1990 • Commissioner Fischer moved approval of the minutes of July 16, 1990, as submitted. Commissioner Sigmundik seconded Ayes -- Barrett, Cardinal, Fischer, Sigmundik Abstentions -- Axdahl, Gerke, Fiola 4. APPROVAL OF AGENDA Commissioner Fischer moved approval of the agenda as submitted. Commissioner Gerke seconded Ayes -- Axdahl, Barrett, Cardinal, Fiola, Fischer, Gerke, Sigmundik 5. PUBLIC HEARINGS a. 7:30 p.m., Plan Amendment and Rezonings: Highway 61, Beam Ave. to Co. Rd. D - Canceled • Planning Commission -2- Minutes 8 -6 -90 6. NEW BUSINESS a. PUD Revision & Renewal: 2696 -2730 Hazelwood Avenue (First Evangelical Free Church) Secretary Olson presented the staff report for this request by First Evangelical Free Church for a planned unit development revision and renewal to remodel the building for a church and day -care center use. Representatives of First Evangelical Free Church were present but did not have any comments. There were no comments from the public. Commissioner Fischer moved the Planning Commission recommend approval of the resolution. This resolution revises and extends the time for the conditional use permit for the planned unit development at 2696 -2730 Hazelwood Avenue. The revision replaces the Health Resources uses with the church and day care use. The conditions are as follows: • 1. All construction must be in accordance with the approved site plan. The Director of Community Development may approve minor changes. The City Council may approve major changes. 2. This permit shall be subject to review after one year from the date of approval, based on the procedures in City code. 3. The Director of Parks and Recreation shall be notified of any proposed development of the ball diamond prior to scheduling use of the softball /tee -ball facilities for an upcoming season. Commissioner Cardinal seconded Ayes-- Axdahl, Barrett, Cardinal, Fiola, Fischer, Gerke, Sigmundik The motion passed. b. 2168 White Bear Ave. (Fina Oil & Chemical Co.) - Conditional Use Permit and Easement Vacation • Secretary Olson presented the staff report for this requested conditional use permit for a public garage in a business commercial district and vacation of the • Planning Commission -3- Minutes 8 -6 -90 southerly 15 feet of a 30- foot -wide utility easement along the north side of the site. There was no representative present from Fina Oil and Chemical Company. There were no comments from the public. Commissioner Gerke asked staff if the entire 30 -foot- wide utility easement was on Fina Oil property. Staff responded that the easement runs down the north side of the developed Fina site. Paul Strothers, an architect with Cluts, O'Brien, Strothers Architects, arrived at the meeting and gave a presentation on this proposal. Commissioner Fischer moved the Planning Commission recommend: 1. Approval of the resolution granting a conditional use permit for an automobile lube center at 2168 • White Bear Avenue. Approval is based on the standards required by code and is subject to the following conditions: a. All construction must be in accordance with the site plan date - stamped July 10, 1990. The Director of Community Development may approve minor changes. The City Council may approve major changes. b. This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. c. The hours of operation shall be between 6 a.m. and 11 p.m. d. There shall be no outside material storage permitted. All trash kept outside must be stored within the trash enclosure. e. Compliance with the City's motor fuel station ordinance. 2. Approval of the resolution vacating the southerly • 15 feet of the sanitary sewer easement on the Fina Oil property, since: a. It is in the public interest. • Planning Commission -4- Minutes 8 -6 -90 b. The remaining 15 feet of utility easement is still sufficient width for servicing this sanitary sewer main. This vacation is subject to Fina Oil dedicating a 30- foot -wide public utility easement. This easement shall run from the existing sanitary sewer main, south to County Road B directly east of the developed Finamart site. The dedication shall be made before the partial vacation of the existing easement and shall be subject to the City Engineer's approval. Commissioner Cardinal asked for clarification on what City code allows for hours of operation. Commissioner Sigmundik seconded Ayes -- Axdahl, Barrett, Cardinal, Fiola, Fischer, Gerke, Sigmundik The motion passed. • 5. PUBLIC HEARINGS b. 7:50 p.m., 2708 Minnehaha Ave. (McDonald's Restaurant) Plan Amendment and Rezoning Ken Roberts, Associate Planner, presented the staff report for the requested plan amendment and rezoning. Several commissioners commented that the existing parking lot never appears full and there doesn't seem to be a need for additional parking. Tim Baylor of 1650 W. 82nd Street, Bloomington, representing McDonald's Corporation, gave a presentation on this proposal. Chuck Ness, 540 Marnie Street, Maplewood, said he and his wife are co- owners of the adjacent property to the west of McDonald's. Mr. Ness said he does not want drainage problems to develop if the parking lot is expanded, but he is neither opposed nor in favor of the expansion of the McDonald's parking lot. John Moritz, owner of the property at 2708 Minnehaha Avenue, said the survey of the parking lot taken recently would not be accurate since there has been road construction on Minnehaha Avenue all summer, which would have affected the number of customers at McDonald's. • Planning Commission -5- Minutes 8 -6 -90 Doug Cicha, 2687 Margaret Avenue, said he does not think the parking lot expansion is warranted, since commercial properties are now encroaching on the residential homes in the area and there is very little buffer space left. The applicant of 2707 Margaret said if the parking lot expansion is approved, she would like conditions required to protect the privacy and residential status of her property. The applicant said her property has suffered damage by use as a shortcut to the commercial properties. Commissioner Fischer asked staff to explain the background of the required setbacks when McDonald's and the commercial center were constructed. Commissioner Fiola moved to table this requested plan amendment and rezoning to allow staff time to provide information requested by the Commission. Commissioner Fischer seconded Ayes -- Axdahl, • Barrett, Cardinal, Fiola, Fischer, Gerke, Sigmundik 6. NEW BUSINESS c. Conditional Use Permit Renewal and Revision (Cope Avenue and English Street) Secretary Olson presented the staff report, which included several staff recommended revisions to the conditional use permit renewal. Andrea Cardie, Suite 712, 3300 Edinburough Way, Edina, an attorney representing B. B. & D. Investments, Inc., said the Englewood Shops were built based on the 1988 conditional use permit which allowed commercial use. Ms. Cardie said she was just notified of the proposed conditional use permit revisions in the last few days and asked for additional time for research. Commissioner Cardinal moved the Planning Commission recommend the City Council table this action and refer it back to the Planning Commission. • l • Planning Commission -6- Minutes 8 -6 -90 Commissioner Fiola seconded Ayes -- Axdahl, Barrett, Cardinal, Fiola, Fischer, Gerke, Sigmundik Discussion on this item followed: Steve Carlson of Brooks Food Market said they entered into the lease assuming their store would be open 24- hours a day. Mr. Carlson said staying open 24 hours a day is critical to their business and cost of operation. Anna Roberts, 1332 Cope Avenue, said the lights of the center shine into her house now and she is concerned with the possibility of the lights shining into her house throughout the night. Roger Franz, 1282 Cope Avenue, said he is also concerned with the canopy lights shining into his house throughout the night. Mr. Franz said he is not concerned with Brooks Food Market hours, because Brooks does not affect him. Mr. Franz said he would not want • any of the rental spaces to be opened 24 hours a day. d. Code Amendment: RE District Ken Roberts, Associate Planner, presented the staff report. Discussion followed. Commissioner Fischer moved the Planning Commission recommend City Council take no action on a new estate lot zone. Commissioner Sigmundik seconded Ayes -- Axdahl, Barrett, Cardinal, Fiola, Fischer, Gerke, Sigmundik 7. VISITOR PRESENTATIONS There were no visitor presentations. 8. COMMISSION PRESENTATIONS a. Council Meeting: July 23 Secretary Olson reported on this meeting. b. Representative for the August 13 Council meeting: Sue Fiola Planning Commission -7- Minutes 8 -6 -90 9. STAFF PRESENTATIONS Secretary Olson informed the Commission the first meeting in September is canceled due to the Labor Day holiday and he distributed copies of the City financial report. 10. ADJOURNMENT Meeting adjourned at 10:05 p.m. • • MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Conditional Use Permit Renewal /Revision LOCATION: 1285 Cope Avenue APPLICANT /OWNER: BB &D Investments PROJECT TITLE: Englewood Shops DATE: August 10, 1990 INTRODUCTION City Code requires that the City Council review the conditional use permit (CUP) for the Englewood Shops commercial center. I am proposing several changes to the permit, including limitations on lighting and hours of operation. Steve Lammlein, the property owner at 1308 Cope Avenue, would like all the stores closed at 10:00 p.m. and the lights turned off. (Refer to his letter on page 9.) BACKGROUND Past Actions On August 8, 1988, the City Council approved the CUP for English Place, a commercial center proposed by another developer. The • plans were for a walk -out style building, with one story facing Cope Avenue and two stories facing Highway 36. (Refer to the original site plan and elevations on pages 7 and 8.) The Community Design Review Board held a public hearing and approved revised plans on August 15, 1989. (Refer to the site plan on page 6.) The revised plans were for a one -story building on one level. The first condition of the CUP gives the Board the right to approve changes to the plan. Code Requirements The City Council adopted the fuel station ordinance on September 11, 1989. This ordinance requires that stations within 350 feet of developed residential properties close between 11:00 p.m. and 6:00 a.m. The gas station and about half of the convenience store are beyond the 350 -foot limit. The ordinance, however, does not apply to the Fina Station. The City must publish an ordinance before it takes effect. The City published the ordinance after the Building Official issued the building permit. DISCUSSION Uncompleted Work The developer needs to complete or provide the following items: 1 A trash dumpster enclosure. 111 2. Parking stall striping with double- stripes. • 3. Seed or sod the remaining hillside on English Street. 4. Installation of right and left -turn lanes at English Street and Highway 36. 5. Replace some dying sod. I advised the owner that the City will not allow additional businesses to occupy the building until he completes this work. Hours of Operation I am recommending a change to condition six, which limits the hours of operation. The previous condition limited the hours of the shops facing Cope Avenue. Since the shops now front on English Street, the Council should revise the condition to reflect this. I would not recommend that the Council limit the hours of the convenience store and gas station. The City Attorney advised me that the City should not limit these hours, unless the City can show that the current hours are creating a problem for the neighborhood. I am not aware of any problems caused by the current hours. The only problem has been glare from the lights. I am recommending lighting restrictions. Late night traffic is minimal and oriented to English Street, rather than through the neighborhood. Lighting The Community Design Review Board required the developer to provide site security lighting. The Board also required that the developer direct or shield this lighting so as not to cause any undue glare onto adjacent properties or roadways. The dictionary defines undue as exceeding what is appropriate or normal - excessive. Having all the lights on past closing is excessive. The Council should require that store operators turn off any lights not needed for security by 10:00 p.m. The lights directly over the convenience store windows should be left on for security purposes. There has already been one robbery at the store. RECOMMENDATION Approval of the resolution on page 10. This resolution extends the time limit and revises the conditional use permit for a commercial building at 1285 Cope Avenue. Approval is subject to the following conditions: (I have underlined new words and crossed out deleted words.) 1. _ - - - - - - - - All construction must comply with the site plan, date - stamped August 9, 1989. The Director of Community Development may approve minor changes. The City Council may approve major 2 changes. 2. The right -turn lane proposed along English Street shall be subject to the City Engineer's approval. 3. The applicant shall restripe English Street, and widen it if necessary, to provide a left -turn lane for west -bound Highway 36, subject to the City Engineer's approval. • The owner shall replace all required landscaping that dies. 5. Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. 6. - - - -- -- -- - t - -_ _ = The shopping center shall not be open between the hours of 10 p.m. and 7 a.m., except for the convenience store and gas sales. 7. There shall be no temporary or permanent outside storage or sales, except fuel. 8. The City Council shall review this permit in six months, based on the procedures in City Code. 9. The lighted panels over the stores shall be turned off after 10:00 P.m., except for those panels directly over the convenience store windows. The Citv shall review these lights at the six -month review. The only exception shall be those lights that the Director of Public Safety requires for security lighting. TEENGLE (Section 9) Attachments 1. Location Map 2. Property Line /Zoning Map 3. Englewood Shops Site Plan 4. Original Site Plan of English Place 5. Original Building Elevations of English Place 6. Letter from Steve Lammlein 7. Resolution 3 . • 1. 0 • A , pRK , AV /i■� /, Y l v .........-1 ` • .___. ` r ` ... „_ t ; 19 + ® 4 1 v �� a 1 C \\ \9 `11 � / / Kh / Lake // Wc � MARKN M rn , �(2 ►– – +' riro oman ae 5 POND Lake Q r J 1 �/ 4 �J H W /' /� 1 KOHL c� AV 1 z North H MAI � C- ac s ♦Nara /rood r, ' z�� — / �- ^ Pk z ce a1J CO RD an y W � �� to o CO > RD ? a 1 ^� T29N,R22W J ® N r� V1 C . T N °� F z R N W K°NTan = (A W i 3 1 2 W PALM Pk (I) � 4- a s J � _ W .� PALM / p Cp"II(( W F el 2 Q E �£HILL RD IOW II Y CR U W )' h a /� CONNOR G oN R J r„ F 3 Q Harvest -J m u. DEMOIVT AV o.- 0 CT L� _ _ o: m O MOO AV o (I CONNOR AV a m 1' I DE- MON J\ O u 2 I- BRO AV O y aiBROK�T O W z • 22 0 3 2 I , -- Four 0 u A) EXTANT SAN T A Av on. (( P —. g Pk i^ GERVAIS AV a -2,7,j 1 GERVAIS GERIAIS • OM PKWY GRANOYIEW AV CT cc m VIKING OR /LOAD ACIST �� . HERREN AV 1, / �y ..PE CT COPE AV wo Heed Lake CO PE ps, i G J L RK AV H I LARK H h H H co ■ < m \)\/ty CO o n .. B.. i a: 2 LAURIE _ A g_ Y W 4 O . e a I S her 2 MN , a 7 O LI ` D LELANO RD AND- HURST o vOOd 2 = BuRKf CliA7... ,K = W > JUNCTION ST ■ o Y CO RD 1V 0 M a 's O ' P t R a RKE p Robinhood AV 0 it 4 vv Plk mow 0 qy o / (1) CHAMBERS ST I c Pk �. a 4. rn . ELDRIDG AV 4 cc a * Pa B 01f F ..a W At' Oty. 1 g O �� _ Q R ECREAr�OAr % i PP 0 E t RRIS�Ay _�� * ( / �E y�E� G o w - - ti e N ROSEWOOD , gam R Y- • N AV S • I Q5 m _ _ FROST F/ R y (TC�'i`�'� G JO0 / M- H 27' fE TON 03 CC / W a Pk SUM ` , o FRISBE A 1 L 4 PK o a a 1 � e IC W a ... RIPL.Y O x < a m 5 P • � �i � U �o. WFIE 2 x Q K gkg� CF—r::–...)14‘10k\ a PRICE • .1AJ AV o L A K a s la \� \ j g G C 3 ` o > e Phalan `� LA R ? NTE R m \ \ ( ` \�• \ \ \ \, p 30 1 • LOCATION MAP I N .iiii, .., 4 Attachment 1 • Z luawyoelld S . N •, 0 I dYll ONINOZ /3NI1 Jl11:13dOad •• 0�1. - o► .. t' �I I • Cn. • , • t 1 - • • 1 • ' t - 1 • r k 1 t s ••: a.�'r . - 11'l (51 ) r' u, , . 1 I,Jy I t , I( ;`'! � .) I (te ; fib : L ••• 1 j :1 1 h M r I , r. ' (N) 010 p v ' 0= i1�1,' 1 1l z) aD I L '1 � V , p 1 II • ., SI 1 :I 1 1 a L 7. c J KI�t S :1 " � ' III 1 17 • 4 • ` (� 80£ l . , ti6Z l Z8Z l 9LZ l 89Z L 09Z L ZSZ L ttZ L I • ( 1 4 v - t. 2 1 p u� e ll i 1 I 1 z� =Ic t I 1 1 faz. ivz 101..1 Is•� - 1 i 1 0 OW 0 Oh) • ! .O► 1[ •, 1 I(c• (n lard 1 •i 11.• .1� It' ( I I, 1 c 1 p p ... 1 i ma • I• 1 • I• I •• 1 1 . 1• 1 O r .1,1 • wing • • 4�1aAV ..tea■ ■ ■�!. ip IN in it .. ■ -s ti (e x - , ; I i a o a ua oc : m •• , 10 1 JJ 0 l p punL6eH 0' . 1 ! , ` - i. . �. 1 f� ! 4 D 1 ads y-_ 1 .� D) I 6 1 W • CD •1! .. '• • , - ' 4I - 1 ■ 1 •• t •• LL h.'• . • s `I• (09 ' . . • t.• . ; ' a r '• . g. , - T►n 1! CL 0 , . . v . . •ONI j `� s • 1. • • . L e r,. 40 a i Via, °1 g ileglanboea pooma de 1 oc -� L W , r no � 0 - C w I .(i1•► '�' ,`M" I I �! " - .. is 1� 1i' 91 • • . rA ,.a I I .. _. _t 411,. 1 1" ( .v s� a '�.. • 1 4 we. (i 1C 1 • � [ fr� I .. � •..f1. or •- .as.y la . 1 4. • • • . `r • • .. 1 . 6. /� • )0 • • i cy 61 • ` L - ('oss'1) so OZ (9) L I •° v60'd v M • A el p . ;.. I(i.o. ) • L L29 _ . 1 • i I. 4. ■ N • HIGHWAY 36 • ' ), I -I e • _ „,,_ __ 1 r, , _ - . . . 1 1 �� I 1 ,i • I • FUEL SALES , 4 � i i I I , I t I t. 1 1 i:ti0I, . -: `' �.tak. •ur-' u .. ,1_,. • s. . F - •r r.1:T:' r ;•Nr.., t.,,�. � I S ; 1t :. 1 ___I S Y t .�.t�. . k' } r. kk �� k 1 t _._. . 1 0 ,,,,„..„. _.,,tt, ,..-„,..„, ‘, _ 1 :I u . ,. 11, 10 ;:; , I 0 T .,::::gs.:4%?1:-.1,,:%T.701,*-41,V , / --1/ 1 • largh„.:-.., •••., , . lb. ■ .4../ I : :. • „ ..44r 't - 9 • ...: ..... de t' C O A -- qVF .....‘i.... j • • si ■ e SITE PLAN • 1 i • APPROVED ENGLEWOOD SHOPS PLAN N 6 Attachment 3 HIGHWAY 36 11. l 3 a . J 41111111. I \ AM& AM\ I\ 4 r - .. . 7 iirp 1 11 . _ . _- FUEL ISLAND CANOPY 0 AI '\ f o"• < } k . V/ /� W s,x J s :: : : -- ''' l i ':, : i' A ��� // ....,:y. , ui 41. � �♦ / / •� co A / %i / 4 E q �� // It 0 41 • ■ SITE PLAN • ORIGINAL ENGLISH PLACE PLAN N ______...., . 7 Attachment 4 t • • - - -_=- -J [ _E 7[7-4 • NORTH ELEVATION! COPE AVENUE SIDE • " IIIMENUM • • 3 r 1 - - - - WEST ELEVATION • • COPE AVENUE SIDE ♦ , - _ -‘-: 4*11 1 I I Ill 1 I 1. EAST ELEVATION • • • ORIGINAL ENGLISH PLACE ELEVATIONS 8 Attachment 5 ■ AUG 06 '90 13:01 PDRI INC P.2'2 • • . Steven E. Lammlein 1808 Cope Avenue East • (612)482-9626 p , . • . Maplewood, MN 55109 • • MEMORANDUM • • TO: • Planning Commission, Qty of Maplewood • • . FROM Steve Lammlein SUBYECP: Development on NW Corner of Cope and English DATE: 6 August 1990 • I live at 1308 Cope Avenue East, on the southeast comer of Cope and English streets. It is my understanding that you will be discussing the development on the northwest corner of Cope, and English streets at your 6 August 1990 meeting. I wish to provide my input for your discusls}on. but I am unable to attend the meeting. Thus, I am putting my comasepts in writing to this • m . e morandu. I ask that the Planning Commission take the following steps: • 1. Limit the Operating Hours of this Development. Duo to its very close proximity . residential area, no store or service in this development should be ope• past 10 PM. Any business that is open will cause noise, traffic, and li glare„ and fhese should not be permitted to disrupt our neighborhood at late boors. I • • 2. Require that All Signs and Lighting be Turned Of at 10 P1 When the stores in this development close, all signs and lighting not absolutely necessary farpolice monitor- ing must be turned off. This especially includes the large flouresc ant tight canopy that has been installed over the storefronts, the gas pump area lights, and any lilunsigated signs. If they are left on, they will continue to attract traffic and noise and c light - F I feel very strongly about the need for both of these actions. Both are critical to pr the residential character of our neighborhood. • • • • AUG 0 6 1990 9 I Attachm 6 • • CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the City of Maplewood initiated a hearing to revise the conditional use permit for a convenience center with gas. WHEREAS, this permit applies to 1285 Cope Avenue. The legal description is: PLAT 03092 CLIFTON ADDITION, RAMSEY CO., MINN. SUBJ TO HWY 36; VAC ST ACCRUING & FOL; EX THE W 379 FT MOL BLK 18 AND PLAT 03092 CLIFTON ADDITION, RAMSEY CO., MINN. SUBJ TO ST & EX PART OF LOTS 19 THRU 25 BEG ON N L OF BLK 13 & 379.61 FT E OF NWCOR OF LOT 16 TH S 29 DEG 14 MIN W 117.56 FT TO ST AS OPENED IN DOC 2021912TH NW TO N L OF SD BLK 13 TH E TO BEG; VAC ALLEY ACCRUING & PART LYING NELY OF NE LINE OF SD ST AS OPENED IN • DOC 2021912 OF BLK 13 WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on August 6, 1990. They recommended to the City Council that said permit be 2. The City Council held a public hearing on August 13, 1990. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit for the following reasons: 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. 10 Attachment 7 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 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 must be in accordance with the site plan, date - stamped August 9, 1989. The Director of Community Development may approve minor changes. The City Council may approve major changes. 2. The right -turn lane proposed along English Street shall be subject to the City Engineer's approval. 3. The applicant shall restripe English Street, and widen it if necessary, to provide a left -turn lane for west- bound Highway 36, subject to the City Engineer's approval. 4. The landscape plan shall be revised for Community • Design Review Board approval showing: a. On -site berming along Cope Avenue and English Street. These berms shall be four feet tall. 11 b. 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 of. the City code. c. Trees shall also be planted on top of the berms. 5. Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. 6. The fuel station and convenience store shall not be open between the hours of 11 p.m. and 6 a.m. as required by code. The remaining uses, shall not be open between the hours of 10 p.m. and 7 a.m. 7. There shall be no temporary or permanent outside storage or sales, except fuel. 8. This permit shall be subject to review six months from the date of approval, based on the procedures in City Code. Adopted , 1990. • • 12 . MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Plan Amendment, Rezoning and Conditional Use Permit LOCATION: 2708 Minnehaha Avenue APPLICANT: McDonald's Corporation DATE: August 15, 1990 SUMMARY INTRODUCTION Requests The McDonald's Corporation is requesting the following for the adjoining property to the west (2708 Minnehaha Avenue): 1. A Comprehensive Plan amendment from RH (high density residential) to SC (service commercial.) 2. A rezoning from R -1 (single - dwelling residential) to BC (business commercial.) Description of the Project • McDonald's is proposing to expand their parking lot by adding 26 spaces and associated lighting. (See the letter on page 15 and the proposed site plan on page 12. Council should note that City Code requires a twenty -foot setback from the west property line.) Reason For the Request McDonald's is proposing to expand their parking lot onto the adjoining property. This is because they expect an increase in business at the restaurant. The parking lot expansion requires commercial land use and zoning designations. BACKGROUND On July 5, 1979, the City Council denied a proposed plan amendment (RH to SC) and rezoning (R -1 to BC) by Dick Ernst and Joseph Carter. This was for the east 30 feet of the property at 2708 Minnehaha and for Lots 9 and 10 behind the Century Center. The City denied this request for the following reasons: 1. A section of the RH (high density residential) classification would be eliminated. 2. The housing mix balance as proposed by the Comprehensive Plan would be eliminated. 3. Vehicular traffic generated by the proposed commercial use is a public safety concern. • 4. No adequate justification by the applicants. 5. No changed conditions to merit the change has been demonstrated. Expansion of the commercial area was the reason for this proposal. On September 2, 1980, the CDRB approved the Century Center and McDonald's plans. The 49 parking spaces for McDonald's and those for Century Center just met the requirements of the City Code. On June 28, 1984, the Director of Community Development accepted a 15- foot -wide easement along the south side of the Century Center building. The CDRB required this easement as of the approval for the development. The easement is for drainage, landscaping, grading, maintenance and access for the rear of the building. In May of 1987, Raymond Muckala, of Maplewood Auto Service, made a request for a parking lot in this area. He proposed rezoning a 76- foot -wide lot north of the A & W restaurant on Century Avenue from LBC (limited business commercial) to BC. Mr. Muckala was proposing to expand his parking lot to this vacant parcel. This request also required City approval of a conditional use permit. Staff recommended denial of this request because it would have removed the buffer between the adjacent single dwellings and the BC property to the south. Mr. Muckala then dropped his request. • On November 13, 1989, the City Council approved a 11 -space parking reduction authorization for Century Center. The Council approved this so the Panda Cafe could expand their dining room. The basis for this approval was that the Cafe's primary business hours are when several of the other tenants in the center are closed. ALTERNATIVES There are several alternatives to consider for this property: 1. McDonald's request of the SC land use designation and BC zoning. Rezoning the site to BC may allow more intense development in the future. McDonald's may decide not to expand their lot and sell it to another business. The expansion of the Century Center to the west along the south property line is one possibility. 2. Change the land use plan to LSC (limited service commercial) and the zoning to LBC (limited business commercial) for the parking lot area only. This would not include the rear 100 feet of the property. This plan requires City approval of a conditional use permit to develop the site as a parking lot. Rezoning to an LBC zone would resolve the use problem of Alternative One. This is because the LBC zone only allows office, clinic and daycare centers as permitted uses. The conditional use permit for the parking lot would give the City more control over the development details of the site. 2 • 3. Keep the RH (high- density residential) land use designation. A developer could build a maximum of twelve residential units on this site. Page 13 shows a typical site plan. Note that the parking lot would be about the same size as the expansion proposed by McDonald's. The apartment lot would, however, come closer to the homes to the south because of the area needed for the building. The poor soils in the rear of this lot may make this alternative unfeasible. 4. Change the land use plan to RM (medium density residential). This alternative is similar to Alternative Three, but would allow up to five residential units. Page 14 shows a typical site plan. It is probably not economically feasible for a developer to buy the home and build only 4 -5 units. DISCUSSION This is a difficult decision. There are valid points that one can make for Alternative Two as well as for denying McDonald's requests. While the McDonald's site has limited parking, staff is not aware of any public problems such as traffic congestion on the streets. I visited the restaurant during three different lunch hours and found there was never fewer than six empty parking spaces. I made these visits, however, during the recent summer months when school was not in session and when the Minnehaha . Avenue /Stillwater Road intersection was under construction. Potential Problems The parking lot expansion would bring commercial traffic, noise and lights closer to the residential area. The existing home has a large setback and is screened from the parking lot with trees and a fence. If the City approves Alternative 2, City approval of a conditional use permit is required before the development of a parking lot could occur on the site. The City would be able to help protect the nearby residential properties with the conditions of the permit. Such conditions could address setbacks, screening, landscaping, lighting details and drainage. Is the current land use plan designation realistic or desirable? It is not economically feasible for a developer to buy the existing house and put up 4 -5 residential units. A developer may be able to justify putting up 12 residential units, as the City has planned. The rear of the lot, however, has poor soils that may make it too costly to develop. Most of the residents of the area would prefer the parking lot to an apartment building. 3 RECOMMENDATIONS 1. Adopt the resolution on page 18 which amends the Comprehensive Plan from RE (residential high density) to LBC (limited service commercial). This amendment is for the north 200 feet of the property at 2708 Minnehaha Avenue. This amendment is based on the followings a. The amendment will be consistent with the goals and objectives of the Comprehensive Plan. b. The amendment will be compatible with the planned surrounding land uses. 2. Adopt the resolution on page 19 which rezones the north 200 feet of the property at 2708 Minnehaha Avenue from R -1 (single - family residential) to LBC (limited business commercial). This rezoning is based on the findings required by City Code. 3. Table the conditional use permit until the applicant submits detailed plans for the parking lot to the Community Design Review Board. • 4 • CITIZEN COMMENTS Staff mailed surveys to the 21 property owners within 350 feet for their comments about this proposal. Of the 10 replies, 2 were in favor, 2 had no comment and 6 objected. In Favor 1. I am aware of the need for additional parking. (Elton - 2685 Minnehaha) 2. It would be OK with us if McDonald's developed the lot under these conditions: - No big, ugly signs be erected in lot. - Trash dumpsters be enclosed in a fenced or walled off area out of sight and well maintained. - No excessive noise created from this lot. We are concerned about commercial property getting closer and closer to our peaceful property as we know it today. Please be careful and make smart decisions. (Cicha's - 2687 Margaret Avenue) In Opposition 1. I don't like to see McDonald's expand their parking lot at all. If they do, there should be a privacy fence on the west side of that lot. (Kringle - 2688 Minnehaha) 2. Increased traffic - Minnehaha is busy enough and we have small children. McDonald's parking lot is never full. Why expand now? The businesses in that section (Century Center) are never busy. So why more parking? Who wants to look at more blacktop. Let's put a park there. (Dubak - 2697 Minnehaha) 3. We feel that it will invade our privacy - cause harassment to our pets and that our yard will become littered and used as a "shortcut" through the area. (Call - 2707 Margaret) 4. See the letter on page 16. 5. See the letter on page 17. 5 • REFERENCE INFORMATION BITE DESCRIPTION Site size: 102 x 300 (30,600 square feet - 0.7 acre) Existing Land Use: A single - family home. SURROUNDING LAND USES Northerly: A single - family home and the Maplewood Auto Service Center across Minnehaha Avenue. Southerly: A single - family home on Margaret Avenue. Easterly: The McDonald's Restaurant and parking lot. Westerly: A four -unit apartment building. PLANNING Land Use Plan Definitions Medium Density Residential (RM) - "This classification is designated for such housing types as single - family houses on small . lots, two - family homes, townhouses, and mobile homes. The maximum population density is 22 people per net acre" (page 18 -30). High Density Residential (RH) - "This classification is designated for such housing types as apartments, two - family homes, townhouses, nursing homes, dormatories or elderly housing. The maximum population density is 34 people per net acre" (page 18 -30). Limited Service Commercial Centers (LSC) - Limited Service Centers are defined as those providing specialized commercial services on a neighborhood scale, limited as to quantity, location or function, and planned in a quality environment. The community must restrict these centers because of the effect on surrounding properties, yet provide convenience to the citizens with high standards of safety, amenities and aesthetics (p. 18 -17). The limited service commercial center classification refers to commercial facilities on a neighborhood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc., would be prohibited. Other land uses of a medium intensity nature, such as gas sales with no vehicle repair or maintenance and no more than two fuel pumps on a single island to serve up to four vehicles at one time, may be permitted subject to meeting certain performance standards as defined in the zoning code (p. 18 -31). 6 Service Commercial Centers (SC): This commercial classification is orientated to facilities which are local or community -wide scale. While a full range of commercial uses are permitted in this district, certain types of facilities which may be of high - intensity nature, such as fast food restaurants, discount sales outlets, gas stations, and light industrial uses, should be permitted subject to specific performance guidelines. The objective of establishing this district is to provide for a wide variety of commercial uses, compatible with the character and development of the neighborhoods in which they are located (p. 18 -31). Zoning Definitions Existing zoning: R -1 (Single - Dwelling Residential) which allows single - family dwellings, public parks and home occupations. Golf courses and the storage of commercial vehicles are permitted with a conditional use permit. R -3 (Multiple - Dwelling Residential) which allows double and multiple dwellings, public parks and home occupations. Nursing homes, golf courses and the storage of commercial vehicles are permitted with a conditional use permit. LBC (Limited Business Commercial) which allows offices, medical or health clinics and day care centers. • BC (Business and Commercial) which allows a wide variety of uses including hotels and motels, retail stores, restaurants, offices, banks, automobile sales lots, and theaters. Places of amusement or recreation, storage yards, used car lots and metal storage buildings are permitted with a conditional use permit. Policy criteria from the plan: - Page 18 -2: Zoning maps should be updated, as necessary, to make both the land use maps and zoning maps compatible. - Page 18 -5: Transitions between distinctly differing types of land uses shall be accomplished in an orderly fashion which does not create a negative impact on adjoining developments. STANDARDS FOR APPROVAL Comprehensive Plan Amendment There are no specific findings required for an amendment to the Comprehensive Plan. The City should use the following criteria: 1. The amendment would be consistent with the goals and policies in the Comprehensive Plan. 2. The proposed classification should be at least as compatible with the planned surrounding land uses as the current land use classification. Compatibility should consider traffic, the • environment, noise, odors and property values. 7 3. The public should benefit from the change. 4. The planned use should be the use that maximizes the property value, while having a minimal negative effect on the surrounding area. Rezoning City Code gives the following standards for approving a rezoning: 1. The rezoning should be consistent with the purposes of the zoning ordinance. They are to: a. Reduce traffic congestion. b. Improve safety from fire and other dangers. c. Provide adequate light and open space. d. Avoid overcrowding. e. Conserve property values. 2. The rezoning should not injure or detract from the use of neighboring property or from the character of the neighborhood. 3. There should be adequate public facilities, such as streets, sewers, water lines, schools and parks. TEMAC (Section 36) Attachments 1. Location Map 2. Beaver Lake Land Use Plan 3. Property Line /Zoning Map 4. Site Plan 5. Concept Site Plan for 12 -unit apartment 6. Concept Site Plan for 4 -unit apartment 7. McDonald's letter of justification 8. Letter from John Dicker 9. Letter from Jerome Erickson 10. Plan Amendment Resolution 11. Rezoning Resolution 8 • AS[ AV -1' A` t pi 0 .:.:: 0 i IA 112 to s "" t -1 BRAND *o- LA AV W o t Abhn 1 • n 1 SE NTH ST E Canter E. ` -A t t. ST 1 1r o A. v a . = W 4 .. ■ MINNEHAHA = .. AV U ' ` MAR CA ' gr) .0 ..../ •• :.:.:...: ,------ii-N ......... i:: 1 v, , ,,y w ' . ! o : :: c LJ. r I r 1.l- 4 Z : : : : :: / 2 (') ..J ' l ' 11 232° J t - .3 I 11210 .7-X.11 , I I •'r 3 _ * a � 1 I 17 J 1 r ' h 11 1 0 1 236 t;: i L J i k;i M J-� �..>� - . -t. 1 I 1 r ' 1 ' y - `. . ti, ,. , I 2 301 1 611:1262-.19 1 1 L J / 12 , /' 1 i I 1LJI 0 - - ' ail 1 r -- - . S 1 , _ �`` a � - 1 • - -- I / Tonnerd ® 222 1 ' L oke T.261,R22.2. 1 0 li. 1... Z • "4.- ....-- :.r:: 2 1 ' co y 1 0-11 .-.1 1 r . . LOCATION MAP • I [ till J U • 9 Attachment 1 1 -- P •--t W Ca - OS — '• _ ._ S.1 _ W • . . . i►- t ' • • � ' mi orcolleclorr, Harvester • i i, e ,. sip . :, - ,t ) Z I • n IP •• ":ari w R p ' OS E SC SC 1 7. . 4i'.. �;r� �� 1 L 4 ffll ►i J.. — . . •• rr...major arteria M �O tiinne aim i r f We _. • 1 1 ' • • irliiF ki • I r - major collector Conway JL1 . > • . • .1. t ____, . .. , ....4=-"-Z.--)11 4 " ""•.—..,-- I • ) ji ,., DR . ...I j Inlerchange�. ` 11 . S C T r.er t , •_ =PIM interchange.. I — • j EX i ',) : irrz--,_ 1 Beaver Lake LAND USE PLAN N 1 10 Attachment 2 • Nr _ 783, ^ • > 784 8 8 - I W ❑ 2 177 ET / 4 _, 1 1 # .I73- - -1:;-- J - 1 3772 — ! 1111 lo r /763 „ -- 2,764 Iii ■ I „CI h a J LBG 3 t el . 2 75 7!.. .. 1 ' - - i� �- fit ip i N ' '-- D ` `"750 13 F' r. v a) • _ 749 1 3 y. _ __ g ' Z • O 1'µ 1 - -•i� -- - ❑ 19744 44 � 4 W 1 743 Q I a iiiill_ _ _ 1 J , 2697 01 ” �— 1 U " 1 . 1 I a c. I It. T • 7� gr .— � .—_ _ -- 658.4/ -- -- • • ' i. 0, 1 50 40 Z ti � 5 ' - /5 I • 7 1 ' l0e Sl � j. WIMP n• 1� s • I ' ' 9L.19' 31' u 119.0 / I I ; ' r 1 11� 0 ? I 119 r ,,,�tSy` :'F 1 ' Lu c. r ` � �! ; e , I ( I ,a I N N 1 z: x'K;• � 1 • r '31 Q { (1) ( ,' $ 2648 (2668 2670 .0, / ;;' . .�Q • o • : ii 5 N. , -, or , 4 3 I 2 I I - • • ' s.i. 3 ..... „B N , I . 6 / I : •.... • I (II) Co) .. I I (9) I GO I ✓` I : � : Ni. • .. ^4•.•1 . i. r Its I ( ) 1 ? ::: ; Centu Cen ter 1.4 9119 I r � � -- - -- , , - x . _ 243 1 , 1 . R .1 0696 21498 270p 27o2 I 1__ - - ' • '1.2702)0Q • C • . 4 i �.tle.z :; - 1 I . 1• 0 7 -- 1 A I 9 • iD 9•: w -.fs h. 8 9 � 10 ; ' �— r r • • I \ � �5s) Q669 .. ;Z6S ; .g�� � I i 1 . _ 1 ( IS) f2� � 2697 1 7 N P' I -1 I q a o 1 1 4, . -- . . (+i 1 1 , . 1 ci C 4 10.6•: I I I (2a) n•0 1 :I•. .•u' .rr u • -- I .3 MARGARET AV E. 1 I . ..... _ I - ' I • ...,yi 24 0, ' . 1 vuso1. 1 ..� n.. +. � . I.. a IL7 263•:t 290 57 Vsrr1 i /i t) ' V2' ' •?. �F $ • 1 � 1 I 1 I • IO /l 1 9 S � • J PROPERTY LINE / ZONING MAP • N j ... 11 Attachment 3 • • N pczo90S -' 944/u t.- G co T • Ox174-06ivl o}pl E/'1 /IL= A/a/ F/WANA I¢ v Fr". 1•1■1411, • I 1 ..E....■ t ., 1 ( 1 I ' i I N .„; . f , . ; i z 10 I PI /1, 1 ••• 6 i " - w I a : 1 .. li lk . i . Ill if , : J1: �! tT `mil \ .: - i \‘,414 14 , ; a . d . :/ ' . ir ., !, =I A �-.. is _ . - . ; :1 • s tg NMI • 1 egg!: t ,vi Mph PPP ' 1 : � � Jfj � � � � ) � �• • ,iit h; w = ^ � W i V K N W i /f or /7Z i ) c of. �a-.Yr�-+�y c - rF� • i SITE PLAN , 2 N 4 0 ‘ Attachment 4 oe N 501 1 . • --. Z PL.E'4' 7 ; .5 • _ z 1 SITE MAP (STAFF CONCEPT) 13 Attachment 5 • (`'2 ■ 50 .M.Wme. _ 1 . - -- - 6 E.TSRc. 4/Ale 3' y -P.E , I i 1 i : V 1 674/244E • . NI SITE MAP (STAFF CONCEPT) N ‘diC). 14 Attachment 6 McDonald's Corporation r. 1650 West 82nd Street, Suite 900 • �n l Bloomington, Minnesota 55431 -9888 C9 612/884 -4355 City of Maplewood Rezoning Application Statement of Purpose: Current Use The current use of the property is as a single family residence that is directly adjacent to existing commercial and retail. Intended Use The proposed use is to expand the parking facilities for the existing McDonald's restaurant and possibly the existing retail center. There is open land to the South of the subject property and a multiple family unit to the West of the subject site. The parking lot would be built in accordance with the applicable setbacks, screening, landscaping and other specifications as per the City Code. • Benefits This project can enhance the area as follows: 1. Create a more conducive environment to provide neighborhood goods and services to residents in the community. 2. Provide better traffic flow on site. 3. The project is in accord with the long -range plans to ensure the viability of one of the City's prime commercial nodes. 1334R i 15 Attachment 7 � C7 As S/ r e o -{ t. /C»/71 f4 C o /> ✓ ,-i(J a/.0 i� o / YI r rS7'�s q � (� d c vh /c� // c ' j 5 # on / /l co�c►c /73 a a r��/ , X02 / a its / � fax C /// h67H: c ,..,4 °- C∎ op c0e e ��1l /4'1 7rl yP 1 i - 7 �1•S acc 3S ,L Y LtA i 4 r LAM y �/ n r SS yo 3 'c rs Ae C'cl51:01 OW** Scow. 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Ana //z e //` / f J � Q '. / J � � � /S )/) �s7 /` /1 P vc PS ���../r 7�i lt. / T '1� Q /QtS J. - / c . / c . ad e , . ° +� 4 ore d `.c J /a kV • b9 c' s 74e- -R a r/ t . 4� e as- of j t.e s / e a Pv, 0.4.< /f e 4/ � y / /y / dOti,, R. ic - ° 7 4 /, P74 y I - // ) ?" C 4 . . 16 ` Attachment 8 - I am in favor of this proposal. because I have no comment. X I ,p�b ect to t is proposal because' ' ,XXX . ' • + ow�'or�_ d �C1rt� 1 Z r �n ti e cn If you object,: describe belraw on the enclosed map any changes,that would make this project acceptable. If,no changes would make it acc- ptable, how sho ld this property b- developed? „ _;,. (Proje Use 'reverse si.r if more room is needed. GL.. .140 p n JEkitk AdNe. / ..h - ,tmx_ ILL* ciimycLe& , • 0.3 FAA k-v- a il-4-4-61.AA..1.A c_..1Leigg0 • - J. . 4 -4-ki•-e -12-6-AAJ A,v,A.,, -,,,t l,1:.a ( .Q. r p - -- Ag ti d,JY� VAS' 1, Dc• - -.07,*-c� • 0./YL At f k 0 it c i.6 17 Z6 70 n1 /nlaeH/4 /`/A Attachment 9 • PLAN AMENDMENT RESOLUTION WHEREAS, McDonald's Corporation applied for an amendment to the City's Comprehensive Plan from RH (high density residential) to LSC (limited service commercial). WHEREAS, this amendment applies to the north 200 feet of the property located at 2708 Minnehaha Avenue. WHEREAS, the history of this plan amendment is as follows: 1. The Planning Commission held a public hearing on August 6 + August 20, 1990 to consider this plan amendment. City staff published a notice of this hearing in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended to the City Council that the plan amendment be 2. The City Council discussed the plan amendment on , 1990. They considered reports and recommendations from the Planning Commission and • City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described plan amendment for the following reasons: 1. The amendment will be consistent with the goals and objectives of the comprehensive plan. 2. The amendment will be compatible with the planned surrounding land uses. Adopted on , 1990. • 18 Attachment 10 REZONING RESOLUTION WHEREAS, McDonald's Corporation applied for a rezoning from R -1 (single - family residential) to LBC (limited business commercial). WHEREAS, this rezoning applies to the north 200 feet of the property located at 2708 Minnehaha Avenue. The legal description is: Lot 3, Block 1, Farrell's Addition (PIN 36- 29 -22 -11 -0003) WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on August 6 + August 20, 1990. They recommended to the City Council that the rezoning be 2. The City Council held a public hearing on 1990. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. • NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Adopted on , 1990. 19 Attachment 11 4 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Rezoning LOCATION: 1700 County Road D APPLICANT: Weston Real Estate OWNER: Robert Hajicek, Sr. DATE: August 14, 1990 SUMMARY INTRODUCTION Weston Real Estate is proposing the rezoning of about 20 acres of land from F (farm residential) to BC (business commercial). The location of the property is the southwest corner of County Road D and Southlawn Drive. The applicant has proposed this rezoning to allow for the construction of a new retail center, grocery store and restaurants. (Refer to the maps on pages 4 through 7.) DISCUSSION The land use plan identifies Mr. Hajicek's property as DC • (diversified center.) The Comprehensive Plan states that the DC classification should be the most all- encompassing type of commercial district with a wide variety of uses. These include retail outlets, hotels, office buildings, medical centers, light industrial developments and high density residential areas. The proposed rezoning and uses are consistent with the land use designation and surrounding zoning. RECOMMENDATION Approve the resolution on page 10. This resolution rezones the southwest corner of County Road D and Southlawn Drive from F (farm residential) to BC (business commercial). Approval is based on the findings required by ordinance and that BC zoning is consistent with the DC (diversified center) land use plan . designation. • 6 • I APPROVAL STANDARDS Section 36 -485 of the City Code gives the following standards for approving a rezoning: 1. The rezoning should be consistent with the purposes of the zoning ordinance. They are to: a. Reduce traffic congestion. b. Improve safety from fire and other dangers. c. Provide adequate light and open space. d. Avoid overcrowding. e. Conserve property values. 2. The rezoning should not injure or detract from the use of neighboring property or from the character of the neighborhood. 3. There should be adequate public facilities, such as streets, waterlines, sewers, parks and schools. kenmem5 (Section 3 -29) Attachments 1. Location Map 2. Hazelwood Land Use Plan S 3. Property Line /Zoning Map 4. Proposed Site Plan 5. Applicant's letter of justification 6. Rezoning Resolution 3 1 • 1.0 1: ., 11' 1111 X111 11 . - - -- -•• _ TRUCK ENT 11 Y -` Z - �L ,1 5 . ,. rp p PROPOSED 70,000 S.F. ' I I GROCERY STORE I 0 p ■ 0 0 I 0 • (� 1 1 I L _ ___ El O _ —r� —. CENTERLINE - MAIN ENTRY OP AMOCO PIPELINE ^ — ` o-- 0 � n p — / ARCHITECT POWER CORRIDOR CASEMENT _ I- I- --_ — -- 41 I — U -- - U 1 OPUS ARCHITECTS & ENGINEERS, INC. I I I I I z, 1 PROPOSED RESTAURANT PADS BUILDER/DEVELOPER I `J I i � OPUS CORPORATION 6l- --- o.. , r as un• swap MI • (OlRS 6.J U Mb. Go. WO �Yrh. Wow-IYm =Mq wPO r 1 1 APPROXIMATE LOCATION —J OF WETLANDS 1 U- - - -- - -0 Ct - ---L c 6 ________0 c' ENTRY , ■ c o; =3 P Z r�' ._> 2 > 1 e PROPOSED 119,000 S.F. ..,,.._.4 „,, / 3 R CENTER �__ -' M 1 I. M ?RUCK ENT FUTURE STREET SITE CONCEPT 'A' 1 s• I”' 211 MAPLEWOOD RETAIL PROJECT MAPLEWOOD MN. DATE 7.20.90 vO r 1 SITE PLAN • N 7 Attachment 4 lif Weston Real Estate APPLICATION 7O1 REZONING 1700 County Road D City of Maplewood Background /Project Description The site upon which the proposed shopping center will be developed is located in the southwest quadrant of County Road D and Southlawn Avenue and is part of the Robert F. Hajicek farmstead. It is approximately 20 acres in size and is currently zoned farm residential. The comprehensive land use plan for the city of Maplewood has this site and the surrounding area guided DC, diversified center. The proposed zoning, BC business commercial is consistent with the city's land use plan and the surrounding • development. Further description of the property indicates that there is a wetland area in the southwest portion of the site and that major NSP and pipeline easements run through the property on an east -west basis. The proposed site plan honors these easements and an application has been made to the Army Corps of Engineers requesting a permit to fill the wetland and provide off -site mitigation. The proposed site development concept plan shows how the property is expected to be developed if the city rezones it for the proposed commercial center. The concept plan shows a retail center in the southwest corner with a major grocery store on the north. It also shows two building pads that could be used for specialty stores or restaurant businesses. Total square footage for the entire complex would be approximately 175,000+ square feet. Parking and green space will be consistent with city requirements and truck loading and service vehicle access is contemplated to be located to the rear or the side of each building. Right of way for a future east - west roadway is set aside on the south property line of the site adjacent to right of way already dedicated by the Birch Run Commercial Development. 8 Attachment 5 12400 Portland Avenue South • Suite 105 • Burnsville, Minnesota 55337 • (612) 8943151 • FAX (612)890.3667 Consistenov With City Goals As mentioned earlier, the area is designated diversified center in the city's comprehensive plan. Therefore, the proposed rezoning to business commercial and development of a retail center is consistent with spirit and intent of the comprehensive plan and the zoning ordinance. Adequate capacities for traffic, public sewer and water, and storm water drainage to serve the proposed development were anticipated in the guide plan and are in fact already substantially in place. Logical extensions of any public systems would not be affected by the proposed project, nor would a burden be placed on such services as schools, police or fire protection. Finally the proposed development is consistent with the uses of the neighboring properties and will serve the best interests of the community. We are pleased to present this application for rezoning and to be working with the city council, planning commission and staff of the city of Maplewood. As this application progresses we will be completing the building design and begin our work with the design review board. The response to the proposed center by the retail community has been strong, so we would like to begin construction at the earliest possible time. • 9 1 REZONING RESOLUTION WHEREAS, Weston Real Estate applied for a rezoning from F (farm residential) to BC (business commercial). WHEREAS, this rezoning applies to the east 620 feet of the property located at 1700 County Road D. WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on August 20, 1990. They recommended to the City Council that the rezoning be approved. 2. The City Council held a public hearing on 1990. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Adopted on , 1990. Attachment 6 10