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HomeMy WebLinkAbout1/18/1989 (2) • PLAN AMENDMENT RESOLUTION -WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RM, medium - denisty residential to BW, business warehousing for the following- described property: The south 2200 feet lying south of the centerline of the NSP powerline easement of the West 600 feet of the East one - half of the NE 1/4 of Section 4, TN 29, RN 22. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on January 18, 1990 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on , 1990. The Council • considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. This area is better suited to commercial and light industrial uses than to residential use due to its proximity to Highway 61 and the future major collector street between County Road D and Beam Avenue and the existing and future commercial development. 2. The BW designation is better suited to the property west of the future major collector street between County Road D and Beam Avenue as it will be a commercial street and similar land uses should front each other on the same street. 3. The owner prefers the BW designation to the RM designation. Adopted this day of , 1990. 411 Attachment 7 12 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Land Use Plan Amendments and Rezonings LOCATION: West of Highway 61, between Highway 36 and County Road C APPLICANT: City of Maplewood DATE: January 11, 1990 SUMMARY INTRODUCTION The City is proposing several changes to its land use plan and zoning map. The land use plan shows how the City expects property to develop in the future. The zoning map regulates how property can be currently used. The City Council has requested a study of each area where the zoning map and land use plan do not agree. The area being studied in this report is west of Highway 61, between County Road C and Highway 36. The existing and proposed land use plans are shown on pages 10 and 11. The changes are as follows: 1. A land use plan amendment from RM, medium density residential to BW, business warehouse for the existing M -1, light manufacturing zones southwest of County Road C and Highway 61. 2. A land use plan amendment from RM, medium density residential, LSC, limited service commercial and RL, low density residential to BW, business warehouse for the area south and southwest of the Town and Country Manufactured Home Park. 3. A land use plan amendment from RL, residential low density to BW, business warehouse for the M -1, light manufacturing zone, west of 1055 Gervais Avenue and south of Gervais Avenue extended. The existing and proposed zoning maps are shown on pages 12 and 13. The changes are as follows: 1. A rezoning from R -1, single - dwelling residential to F, farm residential for the westerly half of the property between the Town and Country Manufactured Home Park and the single - family dwellings along the south side of County Road C. 2. A rezoning from M -1 to F for the easterly half of the Town and Country Manufactured Home park. 3. A rezoning from F, farm residential and BC, business commercial to M -1, light manufacturing for the west one -half of the Maple Leaf drive -in theater property. 411 BACKGROUND The City Council considered a similar study to this in 1985, but tabled action for further study. CRITERIA FOR APPROVAL Plan Amendments Plan amendments require no specific findings for approval. Any amendment, however, should be consistent with the City's land use goals and policies. Rezonings Section 36 -485 of the City Code requires the following findings to approve a rezoning: 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. Several neighbors on County Road C have petitioned for the "downzoning" of the M -1 zone south of County Road C to R -1. Refer to the petition on page 17. The City Attorney's office provided the following information: "The process by which zoning changes reduce an area's density level or limit the intensity of designated land is known as "downzoning." Downzoning is, in effect, "rezoning" of a previously zoned section which results in a concurrent decrease in the value of the real estate within the affected area. The constitutional "reasonableness" test must be satisfied if downzoning plans are to be upheld. As is applicable to zoning ordinances in general, the reasonableness test is based upon a compehensive evaluation of various factors such as benefit to the public safety, conformity to a comprehensive plan or other overriding public considerations which must be balanced against the landowner's interest in the preservation of the value of his property." 411 2 • 410 DISCUSSION This area has developed with an interspersing of commercial, industrial and residential uses. The recommended changes as outlined below attempt to balance the highest and best use of these properties with a use that is compatible with the surrounding properties and in a manner consistent with the City's development policies. The recommended changes are explained as follows: Plan Amendment and rezoning southwest of Highway 61 and County Road C There are two problems to resolve here. The Highway Department property between Highway 61 and the frontage road is zoned M -1, but has no land use plan designation. A BW designation would be the most similar land use plan classification to the existing M -1 zoning. The property on the west side of the frontage road is currently planned for use, but is zoned M -1. Staff is recommending that the plan be amended to BW to conform to the M -1 zoning. This area has been zoned M -1 since the 1950's. It has excellent visibility and access for commercial use with it's proximity to Highway 61. Several neighbors have petitioned for a rezoning to R -1. The City Attorney is doubtful that such a rezoning could be defended in court. The City lost a similar case against Hillcrest Development over a downzoning from BC to R -1 on the south side of Highway 36 and west of Ariel Street. Several residents on County Road C have petitioned for the City to amend the land use plan for the rear of this property from RM, residential to RL, residential low density. It is zoned R -1, single - dwelling residential. The property is owned by the owner of the Town and Country Manufactured Home Park to the south. His intention is to expand the manufactured home park into this area. The RM land use designation would be consistent with a manufactured home park. The R -1 zone does not allow manufactured home parks. They are allowed by conditional use permit in the F zone. The conditional use permit requires a public hearing, notification of property owners and City Council approval. This whole property is designated as a shoreland area on the City's zoning map. This means that development is limited to 40 -60% of the site. Through the conditional use permit process the City could limit future manufactured homes to the south half of the site, keeping north half as an open space buffer for the residents. Developing the rear of this property for single - family homes would require a public street from the frontage road, through the commercial frontage. It may not be feasible to construct this road since it would not be needed for the commercial frontage. Plan Amendment for the area south of the Town and Country Manufactured Home Park 3 • 410 Staff is recommending that the area currently zoned M -1 be amended on the land use plan with a BW classification. This area is currently planned RM, residential medium density and LSC, limited service commercial. This area appears best suited to commercial uses due to its proximity to Highways 36 and 61 and because of the existing commercial development. The area has had a long- standing M -1 zoning which is most consistent with a BW, business warehousing land use designation. Rezoning of the westerly half of the Maple Leaf Theater property The westerly part of the drive -in property is currently planned for RL, residential low density (single - dwelling homes) and RM, residential medium density (multiple dwellings), but has been zoned for BC, business commercial and F, farm residential since 1958. Continuing to plan for single - dwelling homes on this site would be unrealistic, considering the existing use, property value and commercial zoning. A study done for the property owner in 1985 (see pages 15 and 16) proposes that the property be rezoned to M -1. The current zoning is BC, business commercial. The neighborhood to the west is concerned with the impact of any development on their properties. Almost any use would probably be better than the drive -in, which has caused a history of complaints from residential owners in the • area. The advantage of the M -1 zone to the neighbors is that any use developed or redeveloped within 350 feet of the residential zone requires a conditional use permit from the City Council. This would involve a public hearing and an opportunity for neighborhood involvement. BW would then be the most appropriate land use classification. Plan Amendment - south of Gervais Avenue extended Staff is recommending that the land use plan designation for the south side of Gervais Avenue extended be changed from RL, residential low density to BW, business warehouse. This would make the land use plan consistent with the existing zoning. Staff would prefer an R -1 zone here, but there is not enough justification to "downzone" the property. Our main concern is that a use not develop on this property that would generate truck traffic on Forest Street. (Forest Street is proposed to be extended south to Keller Parkway.) Other types of M -1 uses would be acceptable. Since this property is within 350 feet of the R -1 zone to the north, a conditional use permit is required for any development of this site. Staff would recommend that the no use that generates truck traffic be allowed to develop on this site. Staff also recommends that Gervais Avenue not be extended to Forest Street for this reason, but should be realigned to the north slightly and cul- de- saced. RECOMMENDATIONS 411 1. Approve the resolution on page 18 which amends the land use plan for the existing M -1 zone, southwest of County Road C and 4 411 Highway 61, as shown on the map on page 11 of the staff report, from RM, medium density residential to BW, business warehouse on the basis that: a. This area has been zoned for M -1 uses since the 1950 b. This area has excellent visibility and access for commercial use. c. Commercial traffic on the frontage road would make this site better suited for commercial use. 2. Approve the resolution on page 19 to rezone the westerly half of the property north of the Town and Country Manufactured Home Park from R -1, single dwelling residential to F, farm residential, as shown on the map on page 13 of the staff report, based on the findings required by ordinance. 3. Approve the resolution on page 20 which amends the land use plan for the area south and southwesterly of the Town and Country Manufactured Home Park from RM, medium density residential, LSC, limited service commercial and RL, low density residential to BW, business warehouse, as shown on the map on page 11 of the staff report, on the basis that: a. This area is better suited to commercial uses than to residential uses due to its proximity to Highway 36 and Highway 61 and the existing commercial development. b. The BW designation is consistent with the long standing M -1 and BC zoning in the area. 4. Approve the resolution on page 21 to rezone the westerly half of the Maple Leaf drive -in theater property, 1055 and 1041 Gervais Avenue from BC, business commercial and F, farm residential to M -1, light manufacturing based on the findings required by ordinance and that: a. It would be consistent with the proposed BW designation on the land use plan. b. The F zoned property is owned by the same owner as the drive -in property to the south and can be more easily developed commercially with that site. c. The drive -in property has been zoned and used commercially for many years. 5. Approve the resolution on page 23 that amends the land use plan for the property west of 1055 Gervais Avenue and south of Gervais Avenue extended from RL, residential low density to BW, business warehouse, on the basis that: a. The property has been zoned M -1, light manufacturing for many years. 5 411 b. The property could be developed for commercial use, if truck traffic is not allowed through the conditional use permit process, without adverse effect to surrounding uses. c. The properties to the east are developed commercially. 411 6 • • CITIZEN COMMENTS Staff mailed surveys to the 56 property owners within 350 feet for their comments regarding this proposal. Of the 8 replies, 2 were in favor, 2 had no comment and 4 objected. In Favor 1. The seperation of business and residential access; the probable cul- de- sacing of Demont Avenue; the M -1 zoning requires a hearing before it can be put into use; and single - family residential on Demont as I am strongly opposed to multiple family dwellings in our neighborhood. (Blaufuss - 962 Demont Avenue) 2. I am in favor of this proposal but have a few questions/ concerns including: a. What uses are allowed in the "BW "? b. Setback requirements in the "BW "? c. Uncertain of proposed zoning for lots 1 -7, Block 3 and Lots 4 -6, Block 1 of Peters Addition. d. Is the "BW" a new name for "M -1" or is this down zoning? Staff reply: The uses that are intended in the BW land use category are outlined on pages 7 -8 of this report. The lots in the Peter's addition are proposed to remain R -1, single - dwelling residential. The BW land use designation from the Comprehensive Plan is consistent with the M -1 zoning classification. Objections 1. It limits my future options for sale and it could raise my taxes. Why must it be developed now? Leave it alone, as it is currently, with no changes. (Lund - 2411 Maplewood Drive) 2. We do not wish to be zoned just light manufacturing and want to keep the land use plan. (Zuercher - 2483 Highway 61) 3. It suggests that a street would completely border my property due east which is now farm and trees. Do not give the businesses a rear access road, they should use current or new front service roads. Any roads behind any kind of business is not positive. (Warner - 983 Brooks Court) Staff reply: It appears that this property owner is referring to the undeveloped right -of -ways that show on the property line maps sent out - specifically Cypress Street. This street has been vacated. The City does not plan to use these rights -of -way for streets. 4. See the letter on page 14. 7 • REFERENCE Site Description Area: approximately 95 acres Existing Land.Uses: Town and Country Manufactured Home Park, Maple Leaf Drive -in Theater, Northernaire Motel, DG Burgers restaurant, Swenson's Carriage House, Midwest Mobile Home Supply, Twin City Vending, Maplewood Industrial Park, Zuercher's Well Drilling and residence, three single- family dwellings and undeveloped land. Surrounding Land Uses North: County Road C, six single - dwelling properties and Kohlman Lake city park East: Highway 61 and its frontage road South: Highway 36 frontage road (Keller Parkway) West: Cypress Street, single - dwelling lots and two large and undeveloped parcels, planned for single -dw Past Actions September 23, 1958: The Council approved a rezoning from F, farm residence to BC, business commercial for the Maple Leaf Drive -in. December 4, 1969: The Council approved a special use permit to allow the Town and Country Mobile Home Park to expand to 155 units. May 17 and June 21, 1979: The City Council ordered a project which included the construction of Forest Street from County Road C to Keller Parkway, as a condition of the Carsgrove's Meadows plat approval. May 23, 1983: The City Council approved a variance for Zuercher Well Drilling (2483 Highway 61) to erect a metal pole building in an M -1 zone. July 8, 1985: The City Council held a public hearing regarding proposed plan amendments and rezonings in the area in question. The matter was tabled for further study. Planning Low Density Residential (RL) - "This classification is primarily designated for a variety of single - dwelling homes. An occasional double dwelling may be allowed. The maximum population density is 14 people is per net acre" (page 18 -29). 8 • • • 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). 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). Business Warehouse (BW) - "Industrial uses found in this classification include government and public utility buildings and structures, storage and warehousing facilities, wholesale business and office establishments, cartage and express facilities, radio and television stations and other industrial uses of a lower - intensity nature" (p. 18 -31). Existing zoning: P, Farm Residential which allows single- family dwellings, general farming, commercial greenhouses and nurseries. Livestock raising, manufactured home parks and golf courses are permitted with a conditional use permit; 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; 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; and M -1, Light Manufacturing which allows the permitted uses of the BC district (if not planned LSC or RM), wholesale businesses, custom manufacturing shops, contractors shops, places of amusement, laboratories, offices and warehouses. A conditional use permit is required for used car lots, storage yards, permitted uses of the BC district (if planned LSC or RM) and any building or exterior use conducted within 350 feet of a residential district. • 9 Proposed zoning: F, farm residential and M -1, light manufacturing 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: Renewal, replacement and redevelopment of substandard and /or incompatible development shall be accomplished through public action and private means (e.g. amending the plan for the Maple Leaf Theater property). - 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. - Page 18 -5: Whenever possible, changes in types of land use shall occur along rear property lines so that similar uses front on the same street . . . Public Work 1. A storm water pond will eventually be required to the west and south of the Town and Country manufactured home park. 2. There is right turn only access to Highway 61 from east of the manufactured home park. Signals are not proposed. Minnesota Department of Transportation In 1967, Mn /Dot acquired a right -of -way easement over the property south of County Road C, between Highway 61 and the west frontage road for an interchange. The interchange, however, will not be constructed. The majority of the easement area, according to a Mn /Dot official, "may be available for reconveyance to the underlying fee property owner." Direct access to Highway 61 will not be permitted. KENMEM030 Attachments 1. Kohlman Lake Neighborhood Land Use Plan Map (Existing) 2. Kohlman Lake Neighborhood Land Use Plan Map (Proposed) 3. Property Line /Zoning Map (Existing) 4. Property Line /Zoning Map (Proposed) 5. Letter: William Keefer 6. Maple Leaf Drive -in redevelopment proposal 7. Petition 8. Plan Amendment Resolution (north of Town and Country) 9. Rezoning Resolution (north of Town and Country) 10. Plan Amendment Resolution (south of Town and Country) 11. Rezoning Resolution (south of Town and Country) 12. Plan Amendment Resolution (west of 1055 Gervais Ave.) 411 10 ./ . - • - L _ Vadnais Height A 1 interchange as ' _ . - . - • principal arterial • U - _ I I R( j ) gm RI - I 1 (— \- r I_ ,.. ... • IF • . . _. ✓' � _ .st 1 _____ IN - , . 3 - p - - 1 mm no i . as az No ir.- I utnc • ua•w - 4 .• ' • ;� - minor arterial■ � ) r _ 1 _i _ ! R I 1 -; = — • -o ,' — I I • .�... r ; I I ' • GERVAIS I' : ' 1 .i_J + ■ RI ,11: y � 1 . } J _ r 111(� r V 1 • • _ •.� ' ••' I I / / 111 1 1 1 i 1 ma or ' 1 ' coll '-_ EI minor or_ j teri , - LAKE _ • , i i -• - — a. •... 1 I Key �.—�0 ..R.7 ' i � R M, residential medium density E. F j RH, residential high density R I BW, business warehouse S ___ i. 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Future Pond ig t ...1 7. ; 1 1 7 7 7 . 11 " "--1- c ] . a ,... ._ ...-...J , .... / ,.., 1 .r. ... I ] \ 1 •••• . %I A 16 w 1/4 l• C.% : . . __*_ I ....- 2. , 4 4- 'lb f - 7 .. • 19 . k 4...‹) 1 1.___..,.., • . . 11 1 M I c Z •r ...._..i A: . ‘ r• . 21 0 - •••• 1 i'• . 1 I - I -. A) -,-------•*---— 1 !"--.. -"••••• i ) i; . • ; ;,....! . . • - 4••••■ • :. , ....! 7,6 • _ - — • • - Key R-3, multiple dwelling M-1, light manufacturing 1 .. r ---.... ZONING MAP !!!1 Area Proposed for Change (Proposed) N 14 Attachment 4 _, \_ DEC 2 b 1989 FUDALI, KEEFER & KEEFER • ATTORNEYS AT LAW FRANK M. FUDALI 2408 CENTRAL AVE. N.E. WILLIAM J. KEEFER MINNEAPOLIS, MN 55418 MARY M. KEEFER (612) 789 -3583 December 26, 1989 GEOFF OLSON Director of Community Development City of Maplewood 1830 E. County Road B Minneapolis, MN 55109 Dear Geoff: Thank you for meeting with me to discuss the William Dunn property. As I indicated to you, I have acquired the William Dunn property. I also own the property to- -tbe south and to the west of it identified on your zoning map as "Mobile Home Park ". I plan to attend the meeting set for January 4, 1990, at the Hazelwood Fire Station. If for some reason I am not able to attend the meeting, I would appreciate it if you would confirm my discussion with you. • With respect to the Dunn property, I would appreciate consideration of M1 zoning for the portion to the east of the dotted line on the zoning map. With respect to the remainder of the property to the west of the dotted line and the Mobile Home Park, I would appreciate consideration for a farm zoning. With respect to the land use plan, I would appreciate consideration for the land to the east of the dotted line on the zoning map as business warehouse and for the property to the west and for the Mobile Home Park I would appreciate consideration for Rm, which I understand stands for medium density. By using the approach that we discussed, the Mobile Home Park will be consisLent with your present zoning which I believe provides tor manufactured housing in a farm zoning upon application for a conditional use permit. I realize that the words that I am using are words of art and with that in mind, I would appreciate your comments if I have used any of the words incorrectly or different from what we have discussed. Thank you for your consideration. VeiYy truly ors, I � � l /L / i11iam eefer WJK:llk , Attachment 5 15 • -4110 Consultina Planners One Groveland Terrace (612)377.3536 Minneapolis Minnesota 55403 Dahlgren, Shardlow, and Uban /Incorporated MBMOBANDUM • • DATE: 7 March 1985 TO: Randy Johnson, City of Maplewood FROM: C. John Uban, ASLA RE: Mapleleaf Theatre Property We have studied the Mapleleaf Theatre property and surrounding area to determine for Jerry Herringer the land use potential for the property. 1. Today the area is a conglomerate of varied uses organized along a • single located frontage road. The quality is very mixed, and the opportunity for good quality uses to fill in the voids is quite minimal. 2. The transitions of uses between residential and industrial is nonexistent. The .prime residential areas lie westerly of Cypress Street. Any residential east of Cypress will have to absorb the impact of changing land uses. 3. The ownership pattern in the area severely limits the potential for significant redevelopment. An HRA or the City directly, through a redevelopment district, needs to consolidate land for new development. Rather than promoting strip development along the frontage road, an interior road system serving a new business park formed from the theatre property and others along the highway would promote the most rational and desired development. 4. The theatre property should be zoned to M1, Light Industrial, to match adjacent properties and assist in unifying the land uses in the area. To form a transitional use between the industrial (M1), the trailer court, and the westerly R -1, a portion of the Herringer land should be rezoned to R -3 using Cypress Street as access to County road C. S. The M1 Zoning District should be restructured to allow the new office /warehouse uses being used in the emerging high-tech parks. Flexibility with good design creates a most successful development. 6. We believe the theatre property, along with others, has an excellent potential of redeveloping into a quality business park. We strongly urge the City to consider public involvement in assembling and constructing public roads. 16 Attachment 6 Mk . . . . • --- ----- - - - . . . -- . ROAD. - --1.-- • , • 1.,• 111 1 -C-GUNT-Y ( .„, - •,. ...; • , . •-.„ . • - . -- • • - - r:... __ .... 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J - I:1 I.- X 01 C , ..., a��„r �= � � z?. ; � �ci� r �� cr �� ,w^� .. 11 L L c`�, \,,_ 0-- 9 Attachment PLAN AMENDMENT RESOLUTION WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RM, medium density residential to BW, business warehouse for the M -1 zoned property south of County Road C, west of Highway 61 and north of the Town and Country Manufactured Home Park, as shown on the proposed land use plan in the December 28, 1989 staff report. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on January 4, 1990 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on , 1990. The Council considered reports and recommendations from the 411 Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. This area has been zoned for M -1 uses since the 1950s. 2. This area has excellent visibility and access for commercial use. Adopted this day of , 1990. Attachment 8 19 REZONING RESOLUTION 410 WHEREAS, the City of Maplewood initiated a rezoning from R -1, single - dwelling residential to F, farm residential for the following- described property: The West 400 feet of Lot 7 of W.H. Howard's Garden Lots; the West 450 feet of Lot 6 of W.H. Howard's Garden Lots; the West 270 feet of the South 112 feet of Lot 8 of W.H. Howards Garden Lots; and all of Lot 5 of W.H. Howard's Garden lots in Section 9, Township 29, Range 22. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was reviewed by the Maplewood Planning Commission on Janaury 4, 1990. The Planning Commission recommended to the City Council that said rezoning be approved. 2. The' Maplewood City Council held a public hearing on , 1990 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. 411 The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 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 this day of , 1990. 110 Attachment 9 20 Lz O1 quaug3e44Y 410 '0661 ' 3o Aep sT pagdopv •size aqy uT buTuoz T -W buTpue4s -buoT aq4 azTUbooa.z p1noM uoT4eu6Tsap Mg aqy 'Z '4uaudoIanap 1 TO.zauuoO bUT.STxa aq. pue T9 pue 9£ SAeMgbTH O. A4TuTxo1d s4T 04 anp sasn TeTWuapTsa.z o� uegf sasn TeTO.zauuo3 oq pa4Tns .a44aq ST size stgy 'T :40e3 3o sbuTpuT3 buTMoTTo3 a144 3o sTseq aq4 uo aq quaupuaue ueld pagt2osap -anoge aq; 4eg4 'IIDNIlOJ AIIO a00MaIdVW 3Hy AEI a3Aaosa2I yI as 'auoaa asi. 'MOH '33egs A4TO pue uOTSSTUIUXO, buTuue1d aq; uoi3 suoT4epuauuooai pue s4aodai paaapTsuoO 411 TTouno3 aqy '0661 ' uo quaupuaue ueld pies pa.zapTsuoo 1TOunoD A4T0 pooraldew aqy 'Z •panoadde aq quaupuaue ueld pies 4eg4 TTOUnoD ' T3 aqy O. papUauuoOaa uoTsSTUmoO buTuuetd aqy • s4uaua.e4s ua44Tit quasaid pue pieaq aq o. A4Tun41oddo ue uantb aiaM buTieaq pies 4e .uasaid suosiad TTK %mei o; quensind paTTeu pue pagsTTgnd SeM 3oaiagq aoT ;oN •4uaupuaue ueid sT44 1apTSUOO 04 0661 'b Aaenuer uo buT.zeaq OT1gnd e plaq uoTssTuuoD buTuueId pooMa1deM aqy '1 :szo11O3 se sT quaupuaue ueld sTq; 3o Aaoq.sTq Teanpaoo.zd aq4 'S vauaHM • gaodaa 33e4s 6861 '8Z iaquaoaa aq4 uT ueld asn pueT pasodozd age uo uMOgs se '19 AeMgbTH StSZ -11i'Z Pue '9E AeMg6TH 1801 PUe 5901 'SSO1 PUe 'enuanw STenzaD SS01 PUe 1fi�01 :io3 buTSnogaaeM ssauTsnq 'Mg o. TeT4uapTSa.z A4Tsuap -MOT 'Z2i pue TeToaauuoa aoTAIas pagTuTT ',S'I 'TeTquapTSa2 AgTsuep- unTpau 'Wj MO23 uetd aATsuagaaduo3 pootaldeM aqy o: quaupuaue UP pa4e -pTuT poo!aIdeW 3o AgTO aqq 'SVa asm NOIyf'IOS3U 1NaWGNHWK NKrld 410 REZONING RESOLUTION WHEREAS, the City of Maplewood initiated a rezoning from F, Farm Residential and BC, Business Commercial Commercial to M -1, Light Manufacturing for the following- described property: The North 396 feet of that part of the East 1/2 of the SE 1/4 and NW 1/4 east of Peter's Addition also a triangular tract adjacent on the north being in and measuring 66 feet on the East line of the East 1/4 of the NE 1/4 of the NW 1/4 all in Section 9, Township 29, Range 22; subject to Gervais Avenue and except the East 240 feet of the South 290.4 feet, the South 924 feet of the East 1/2 of the SE 1/4 of the NW 1/4 of Section 9, Township 29, Range 22, this property is also known as the Maple Leaf Drive -in Theater; subject to Bedell Road (Gervais Avenue) the East 150 feet of the South 290.4 feet of the SE 1/4 of the NW 1/4 of Section 9, Township 29, Range 22, this property is also known as 1055 Gervais Avenue; subject to County Road 82 and Bedell Road (Gervais Avenue), the West 90 feet of the East 240 feet of the South 290.4 feet of the NW 1/4 of Section 9, Township 29, Range 22, this property is also known as 1041 Gervais Avenue. The S 5 acres of W 1/2 of E 1/2 of NW 1/4 of Sec 9 TN 29 RN 22. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was reviewed by the Maplewood Planning Commission on January 4, 1990. The Planning Commission recommended to the City Council that said rezoning be approved. 2. The Maplewood City Council held a public hearing on , 1990 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 411 Attachment 11 22 2. The proposed change will not substantially injure or 411 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. 5. It would be consistent with the proposed BW designation on the land use plan. 6. The F -zoned property is owned by the same owner as the drive -in property to the south and can more easily be developed commercially with that site. 7. The drive -in property has been zoned and used commercially since 1958. 410 Adopted this day of , 1990. 23 411 PLAN AMENDMENT RESOLUTION WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RL, residential low density to BW, business warehouse for the following- described property: West of 1055 Gervais Avenue and south of Gervais Avenue extended. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on January 18, 1990 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be 2. The Maplewood City Council considered said plan amendment on , 1990. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. The property has been zoned M -1, light manufacturing for many years. 2. The property could be developed for commercial use, if truck traffic is not allowed through the conditional use permit process, with adverse effect to surrounding properties. 3. The properties to the east are developed commercially. Adopted this day of , 1990. Attachment 12 24 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION • 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA JANUARY 4, 1990 1. CALL TO ORDER Chairman xdahl called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner ester Axdahl 'resent Commissioner 'chael Ayers Absent Commissioner R Barrett Absent Commissioner Ro:ert Cardinal Absent Commissioner Sue Fiola Absent Commissioner Lorr•ine Fischer Present Commissioner Gary erke Present Commissioner Denni Larson Present Commissioner Willia Rossba Present Commissioner Marvin Aigmun• k Absent Commissioner Ralph S1-tte Present 3. APPROVAL OF MINUTES A. December 18, 1989 Commissioner Fi cher ((Dyed approval of the minutes of December 18, 19:9, as - ubmitted. Commissioner :letten seconded Ayes -- Axdahl, Fischer, Gerke, Larson, Sletten Abstentions- - Rossbach 4. APPROVAL OF A ENDA Commissione• Fischer moved approval cf the agenda as submitted. Commissio -er Sletten seconded .yes--Axdahl, 'schef, Gerke, La son, Rossbach, Sletten 5. PUBLIC HEARINGS a. 7:30 p.m.- -Plan Amendment and Rezonings: Highway 61, Gervais Avenue and County Road C • Secretary Olson presented the staff report. In response to a question from a commissioner, Secretary Maplewood Planning Commission -2- Minutes 1 -4 -90 Olson said there would not be any non - conforming uses created by these proposed land use plan amendments. Donald Christianson, 1111 E. Co. Rd. C, said he wants the property south of County Road C to remain zoned R- 1. Raymond Butler, 1117 E. Co. Rd. C, said he also wants the property south of County Road C to remain zoned R- 1 and feels it is inconsistent with the intent of the zoning code to zone this property farm. Mike Hogan, 1160 E. Co. Rd. C, and James Nygard, 1110 E. Co. Rd. C, also said they were in favor of this property remaining R -1 zoning. Mr. Nygard presented a petition to the Planning Commission by the residents adjacent to County Road C. Dennis Berry, 984 Brooks Court, asked that if the zoning is changed on the property west of his property and a conditional use permit is required, a berm or landscape screen be required on the corner abutting the residential property. Nancy Anderson, 1122 E. Co. Rd. C, said she wanted the property behind her home to remain zoned R -1. The commissioners discussed with staff some of the issues involved with possible future extensions of Forest Street and Gervais Avenue. Several additional property owners south of County Road C said they wanted the property proposed for farm zoning to remain R -1 zoning. Commissioner Sletten moved the Planning Commission continue this hearing on January 18, 1990. Commissioner Fischer seconded Ayes -- Axdahl, Fischer, Gerke, Larson, Rossbach, Sletten b. 7:45 p.m., P'an Ame 'ment and Rezoning: McMenemy Street, South of M•'OT Ken Roberts, A-. ociate Planner, presented the staff report for t s .roposed land use plan amendment from • RM, medium •-nsi residential to RL, low density • • MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Preliminary Plat and Rezoning (F to R -1) LOCATION: North of Carver Avenue APPLICANT /OWNER: Pacesetter Property Management, Inc. PROJECT TITLE: Mark's Nature Haven DATE: January 8, 1990 INTRODUCTION 1. The applicant is requesting approval of a residential subdivision for 33 single dwelling lots. 2. The west half of the proposed Crestview Drive going north from Carver Avenue is aligned on the adjacent property at 2405 Carver Avenue. 3. Staff is recommending a rezoning of the site from F, Farm Residential to R -1, Single - Dwelling Residential to eliminate the possibility of any farm - related nuisance uses, such as the raising of livestock. BACKGROUND 410 On October 5, 1978, the City Council tabled action on approving a 37 lot single dwelling subdivision on this same site until a feasibility study is completed to determine the location of Boxwood Avenue and until the design changes recommended in the staff report were incorporated into the proposed plat. The application for the plat was then withdrawn. CRITERIA FOR APPROVAL Section 36 -485 of the City Code requires that rezonings be based on the findings stated in the resolution on page 19. DISCUSSION OF THE MAJOR ISSUES Crestview Drive Alignment and Corner Lot Size Requirement The proposed alignment of Crestview Drive should be shifted to the east to lie entirely within the applicant's property. This would also permit Lot 1, Block 2 to be enlarged to meet the 100 -foot lot frontage and 100 -foot lot width minimum requirements. 411 Easement Acquisitions To serve storm runoff and watermain needs, the applicant should be required to obtain ponding easements over the existing ponds to the west and east for dedication to the City of Maplewood. A utility easement should also be obtained, as well as a 12- inch - diameter watermain constructed, for connection to the existing line at the corner of Boxwood Avenue and Dorland Road (see page 12.) Crestview Drive Curve The right -angle curve proposed at the intersection of Crestview Drive and Boxwood Avenue should be lessened to a 90- foot - radius, as measured along the center line, to facilitate better traffic flow. Excessive Cul -De -Sac Length Section 30 -8 (b) (3),requires that the maximum length of any deadend street be 1000 feet. All lots beyond the 1000 -foot mark within this plat, therefore, should be designated as an " outlot." Tree Replacement The five large evergreen trees that are within the limits of . grading should be replaced on the site (see page 12.) Code requires that they be replaced with eight- foot -tall trees. RECOMMENDATION 1. Approval of the resolution on page 19 rezoning this property from F, Farm Residential to R -1, Single - Dwelling Residential. 2. Approval of the preliminary plat for Mark's Nature Haven, subject to the following conditions being satisfied before final plat approval: a. Lot 11, Block 1 and Lots 3 -16 and 19 -22, Block 2, shall be designated as an outlot and shall not be platted for construction until Boxwood Avenue is connected to Schadt Drive. All utilities within the outlot shall be constructed with the initial phase of development. The outlot street, however, shall not be built until those lots are platted. b. A tree replacement plan shall be submitted for the approval of the Director of Community Development, prior to grading or final plat approval. This plan shall designate the large trees that are to be removed, where there replacements will be planted and those to be retained. 111 2 411 c. The applicant shall secure off -site drainage easements over the existing holding ponds on the adjacent properties to the west and east, north of Carver Avenue. These shall be dedicated to the City as permanent easements. d. The applicant shall secure an off -site utility easement for watermain connection to the existing main at the intersection of Boxwood Avenue and Dorland Road. The applicant shall construct this utility connection, which shall be a twelve inch watermain, as part of the watermain installation from Lakewood Drive to Carver Avenue. e. Crestview Drive and Boxwood Avenue shall have a pavement width of 36 feet. This street shall be posted for no- parking along the east side. f. The right -angle curve at the intersection of Crestview Drive and Boxwood Avenue shall be redesigned as a 90- foot - radius curve, as measured along the center of the roast -. g. Standard city street lights shall be installed at the intersections of Carver Avenue and Crestview Drive, and Birch Street and Crestview Drive. A third shall be required near the easterly lot line along Boxwood Avenue at the time Boxwood Avenue is extended. The exact location is subject to the approval of the City Engineer. h. The storm sewer shall be extended to the easterly lot line along Boxwood Avenue and to the intersection of Lakewood Drive and Birch Street. i. The proposed six - foot -wide drainage /utility easements along all common side property lines, shall be changed to five feet so sideyard setback requirements can be met. j. A temporary 100 - foot - diameter cul -de -sac bulb easement shall be granted to the City for the temporary deadend of Crestview Drive. k. A signed developer's agreement shall be submitted, with required surety, for all required public improvements, erosion control and tree replacement. This agreement shall include a requirement for the placement of temporary fencing, during construction, around woodlots be saved. 1. The plat shall be revised so that Crestview Drive would be intirely within the applicant's site and so Lot 1, Block 2 would meet all lot width and frontage requirements. m. The small remnant piece of land south of the proposed east - west street south of Lot 1, Block 2, shall be deeded to the owners of 2405 Carver Avenue or the City of Maplewood. 3 411 n. A deed to convey an outlot to the City for a one - foot -wide strip of land between the Crestview Drive right -of -way and the west lot line, from Carver Avenue to the proposed east -west stub street. A restriction shall be recorded against the title stating that this outlot may not be used for access to Crestview Drive or transferred to another ownership until a fair reimbursement of costs for street, water and sewer is made to the City. The City Council shall determine what a fair reimbursement is. The City shall then attempt to reimburse this money to the developer. If the developer cannot be located, the City shall retain this money. 411 4 • CITIZEN COMMENTS Staff mailed surveys to the 23 property owners within 350 feet of this site for their comments regarding this proposal. Of the ten replies, one was in favor (with concerns), one had no comment and seven objected. In Favor Refer to the letter on pages 14 and 15. Objections 1. Contractors do not maintain proper dust control efforts. There is a tremendous amount of air borne dust in our area. Also this is too many homes planned for this small area. Half that number would be more acceptable. 2. We are new homeowners in this area. One of the reasons we purchased a home in this neighborhood was because of its open space and semi -rural look. With the building that gone on in just the past year, this atmosphere has already diminished. We believe Maplewood needs to slow down its developing in this area. This project does not meet with our approval now or anytime in the future. 3. You have already put in over 100 home sites in the immediate 411 area. The only way this project would be acceptable is if the lot size was increased to a minimum of two acre lots. And what is being done for a signal light on Carver and Highway 61 to handle the added traffic. We have lived at our present address for approximately 7 years. The reason for buying was the quiet and natural surrounding. Where is our closest park? Look at the lot size 60 feet. What is this, tenement housing? 60 foot lots are the smallest around in the cities. Why change the existing zoning? Staff Reply: The proposed lots meet population density and minimum lot -size requirements. The City of Maplewood has no jurisdiction concerning signalization of the intersection of Carver Avenue and Highway 61. The closest park to this site is Pleasant View Park, 825 feet to the north. The rezoning is necessary for adherence to the Maplewood Comprehensive Plan. 411 5 S 4. Lot #1 should be set aside for water drainage. If the builder uses lot #1 for building, the water draining from the hill will overflow onto the adjacent properties. Then a storm sewer will be needed, by this time the builder will be long gone and all the area property owners will be taxed to pay for the storm sewer instead of the builder who took his profit and left. Staff Reply: The holding ponds in the area are intended by the Maplewood Drainage Plan to adequately handle surface runoff. The applicant would be required as a condition of this plat to acquire the necessary off -site ponding easements for dedication to the City. 5. I object because of the traffic on Carver Avenue and the destruction of a peaceful neighborhood. Leave as is (open and peaceful country.) 6. I think the property should be left open. 7. Refer to the letter and suggested alternate plat on pages 16 and 17. 8. Refer to the letter on page 18. 6 11 1 REFERENCE Site Description 1. Site acreage: gross - 13.33; net - 10.8 2. Existing land use: an abandoned house, pole barn, miscellaneous sheds and debris 3. Existing easements: There is an existing 20- foot -wide access easement (10 feet on each property) for shared access to the subject site and to 2405 Carver Avenue to the west. Surrounding Land Uses Northerly: Maplewood Highlands single dwelling plat. Southerly: Carver Avenue. South of Carver Avenue are single dwellings on large lots and a wetland area. Easterly: Predominantly undeveloped property with single dwellings fronting on Carver Avenue. Westerly: Single dwellings. Planning 1. Land use plan designation: RL, Low Density Residential 411 2. Density: maximum allowed - 14 persons per net acre proposed - 12.53 persons per net acre 3. The Comprehensive Plan proposes a minor collector roadway in the location of proposed Crestview Drive. This collector would continue easterly and connect with Schadt Drive at Sterling Street (See page 10.) 4. Zoning: existing - F; proposed - R -1 5. Section 30 -8 (a) (3) of the Subdivision ordinance states that "cul-de-sacs", when used, shall be held to as short a distance as possible between the origin or main street and the end of the cul -de -sacs. In no case shall cul -de -sacs exceed 1,000 feet in length, unless no other alternative is possible. Environmental Overview Wetlands: There is a gully running through the center of the area from north to south and a marsh on the north side of Carver Avenue. The marsh is part of a larger one that has been divided by Carver Avenue and the shared entrance drive which accesses both the subject property and the lot to the west. The marsh collects runoff from the proposed plat and abutting areas and then flows into Fish Creek. 411 7 • Trees and woodlots: The site is covered with a considerable amount of tree growth. The majority of these trees, however, are cottonwoods, boxelders and poplars many of which are small. According to code, these are not considered to be a significant natural feature. Upon walking the site, Staff found only five trees which would lie within the limits of grading that code would consider large trees (eight inches or more in caliper.) Soils: The Ramsey Soil and Water Conservation District has stated that the soils are suitable for development, but proper measures should be taken to guard against erosion during construction and to prevent tracking dirt off site. Slopes: The steepest slopes on this site have a 22% grade. Code prohibits construction on existing slopes in excess of 40 %, but requires erosion control and grade stabilization precautions for construction on slopes greater than 12 %. Public Works The proposed plat should be revised to include the following changes: 1. Since proposed Crestview Drive is designated as a minor collector, the right -angle curve at the intersection of Boxwood Avenue and Crestview Drive should be lessened so that the turning radius has no more than a 90 -foot centerline- radius curve for II) better traffic flow. 2. Crestview Drive should be 36- feet -wide with no parking permitted along the east side. 3. The storm sewer should be extended to the easterly line of the site along Boxwood Avenue and to the intersection of Birch Street and Lakewood Drive. 4. Off -site ponding easements north of Carver Avenue and on both sides of the proposed Crestview Drive should be acquired by the applicant and dedicated to the City. B. The watermain in Lakewood Drive should be extended to the northwest to connect to the existing water main in Boxwood Avenue. This should be a twelve inch watermain providing a looped connection to Carver Avenue. The applicant shall attain the necessary easements for dedication to the City. 6. The applicant must acquire the right -of -way from the adjacent property owner for the construction of Crestview Drive north of Carver Avenue. If this property cannot be acquired, the applicant should revise the plat to align Crestview Drive entirely on the proposed site. 411 8 4 7. Three street lights should be provided along Crestview Drive. Public Safety 1. All water and roadways must be in and accepted prior to any issuance of building permits. 2. All street names should be consistent with aligning streets. TENATHAVE Attachments 1. Highwood Neighborhood Land Use Plan 2. Property Line /Zoning Map 3. Preliminary Plat Reduction 4. Significant Trees and Required Easements 5. Letter from Roger W. Singer 6. Survey from Lawrence and Charlene Grand 7. Survey reply from Robert and Luella Wilds 8. Rezoning Resolution 9. Preliminary Plat (separate attachment) 9 1 major collector • Linwood =. 'Ina _., 111 11.1 . i uleame t•>.umniessAauorpAs 0 , 1111.41).■ A 1 i rfe • _______, {© E • RL ••• c o ot t o of% RL r • 1 1 .. c .Ilect t riTminof j o llect U Hlghwood= I LL e ar "I `i_ fiat. T�v 1 ��1 F 4i; 1 . 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SIGNIFICANT TREES AND REQUIRED EASEMENTS N 13 Attachment 4 \°..1 DEC` i i 1998 • November 27, 1989 Geoff Olson Director of Community Development City of Maplewood, Minnesota Subject: Proposed Preliminary Plat Pacesetter Property Management, Inc. Dear Geoff; Thank for the opportunity to have some input on the plating of the property located to the rear of 2413 Carver Avenue. Also for the time that Kenneth Roberts spent with me in discussion of the property. 0 As I stated to Ken, I am in favor of the proper plating and development of the property but I do have some reservations and /or comments about this attempt. They are basically the same as I expressed at the time of the last proposed plating that was turned down in June of 1978. While the proposal does not appear to exceed the density requirements of the City Plan, it is inconsistent with the density of the developed and developing lands which abut it. This plat has only 4 lots less than the plat of Miller's Battle Creek Addition, 1978. The density discussed at that time was closer to an average of 2 lots per gross acre. This average would yield approximately 26 to 27 lots total. Also the long dead end streets or cul -de -sac streets are still a problem with this plat as they were with the earlier proposals. This weakness, along with the need for information about the land use of the property to the Southwest, 4.6 Acres, and the 16 Acres to the East presents a question 14 Attachment 5 as to the proper alignment of the proposed roads. One cannot tell whether they will meet the heed of 411 the adjacent property or not. They present public safety problems and added drainage questions. They show no regard for the steep grades that would be encountered. The environmental considerations that were discussed on the earlier proposed plat are still present today and should be of major concern. The gully through the center of the property must be handled with extra care. Properly engineered grading to cope with the soil, slope and storm water flow is essential. In conclusion, I would like to state that I am fully confident that you will review this plat with the competence your office has shown in the past. I am available at most any time if I can be of any assistance to you or your staff or to the developer. Thank you for your time and consideration of the comments I have given on this plat. 4110 Y _257cerely, -- 0 01pc. ,,,,i4, Roger W. Singer 1250 Dorland Rd. Maplewood, Mn. 55119 411 15 I) • I live at 2405 Carver Ave., adjacent to the ppoposed development. I want to know S how the developers are going to handle the spring run off water when it runs off all the hills they plan to develop. I know for a fact that when warm weather hits as it has in the oast four springs since I've lived there': four inch deep river of water runs down my driveway and cuts large grooves'in the yard of the property they bought. 2) I'm also not in favor of the number of houses in this development. I think the city should make the developer follow continuity of the existing developers, for example the community that is being built .just on the top of tie hill fray this land. The lots are larger'; thehouses are larger, instead of the dense layout that they have scheduled. Just l i k e a bunch of wet ba:ks from across the river come over to our community pocket a bunch of money and run. leaving us project to live with that we don't like. I suggest larger lots, larger homes, and less traffic. 3) After the state remolded Hwy 61 they merged Bail?,v Pd with Ca rver Ave, in the same intersection', which makes it vertually impossible to access 61 in rush hour With 33 homes,which means 66 more cars to that intersection, only shows me big time traffic problems. 4) I also want to address the problem of water, sewer, and gas service to which I am now connected in- Carver Ave,When the developer puts in a new street they will disturb my service, I want to know how it will be connected and how long it will take. Another question that has to be answered for various reasons, is the street': water. sewer, and gas stubs. that should beprovided so the land behind my house and barn does not become land locked'. should something happen to me or whatever, • 16 Attachment 6 • r { S t J , -I .1 . i sitatr D.E-vctaPce 7a _ Au EickoSE5 SAD. ' 5 1415 I <q I 'io • November 5, 1989 Geoff DLson AICP 0 Director of Community Development Dear Mr. Geoff Olson: Our Concerns and some of our questions: We will need in a written statement, what you as the Director of Community Development will do if and when: 1. The runoff of water from this project comes from the northside of Carver Ave, under the coulvert and fills the swamp on the south side , and deteriorates the driveway to 2410 Carver Ave. 2. The driveway is still in unstable condition since they put the waterline in on_Carver Ave about 15 years ago. NO ONE will or has taken the responsibilty for filling it in properly. We have made a number of calls to find out who should do it, but everyone is passing it to the next company. So in closing, we can not make any comments in favor or not of this protect until we know what all of the probabilitys are. • We have enclosed a map of where our property is l scat i oned. If You would like to have use show you, what we are speaking about feel free to call. Our phone# is 735 -8879. Sincerely, /):c Robert & u la Wilds 2410 Carver Ave. Maplewood, MN 55119 Op 18 Attachment 7 REZONING RESOLUTION 410 WHEREAS, Pacesetter Property Management, Inc: initiated a rezoning from F, farm residence district to R -1, single - dwelling residential for the following- described property: The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 24, Township 28, Range 22, except the South 256 feet of the East 170 feet thereof, also except the West 1/2 of the Southwest 1/4 of said Northeast 1/4 of the Northwest 1/4. This property is also known as 2413 Carver Avenue, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was reviewed by the Maplewood Planning Commission on , 1990. The Planning Commission recommended to the City Council that said rezoning be 2. The Maplewood City Council held a public hearing on , 1990 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an 410 opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 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 this day of , 1990. 19 Attachment 8 • RULES OF PROCEDURE lik Approved by the Planning Commission on February 21, 1983 Amended April 1, 1985 and March 6, 1589 We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 25, as amended, of the Maplewood Code of Ordinances, do hereby accept the follow- ing Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairman, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7:30 p.m. on the first and third Mondays of each month, provided that when a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by the chairman, or in his absence, by the vice chairman, or by any other member with the concurrence of five other members of the Commission. At least 48 hours notice shall be given to all members. B. QUORUM 1. A simple majority of the membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered to be a member of the Commission for the purpose of determining a qu orum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRMAN 1. In addition to the duties prescribed in Section 25 -20 of the Code of Ordinances, the chairman shall appoint such standing committees and temporary committees as are required, and such committees will be charged with • the duties, examinations, investigations, and inquiries relative to the subjects assigned by the chairman. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. 2. A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. D. ELECTION OF OFFICERS 1. A chairman and vice chairman shall be elected at the second meeting of each calendar year and will serve until their successors have been elected. 2. In the absence of the chairman, the vice chairman shall perform all duties incumbent upon the chairman. In the event that both the chairman and the vice chairman are absent, the members present shall elect a chairman pro tem. E. DIRECTOR OF COMMUNITY DEVELOPMENT In addition to carrying out the duties prescribed in Section 25 -25 of the Code of Ordinances, the director shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. F. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting, shall be distributed so that such member of the Commission shall have a copy at least three days prior to the meeting concerned. 2 2. The agenda shall consist of the following order of i business: a. Call to Order b. Roll Call c. Approval of Minutes d. Approval of Agenda e. Public Hearings f. Unfinished Business g. New Business h. Visitor Presentations i. Commission Presentations j. Staff Presentations k. Adjournment 3. No item which is not on the agenda shall be considered by the Commission. G. Except as herein provided, Robert's Rules of Order, Revised and Robert's Parliamentary Law shall be accepted as the authority on parliamentary practice. H. AMENDMENT 1. Any of the foregoing rules may be temporarily suspended by the vote of two - thirds majority of the members • present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. I. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS Appointments to the Planning Commission shall be made by the City Council, after a recommendation from the Planning Commission. The Planning Commission shall interview all candidates after a vacancy is advertised in the official newspaper and recommend three candidates to the City Council. Selection of the candidates shall be done by a written ballot. Each commissioner shall vote for not more than three candidates, listing them in order of preference, and sign his or her ballot. The chairman shall announce the . 3 a vote of each member and tally the votes, giving three points to a first choice, two points to a•second choice, and one • point to a third choice. The names of the three candidates with the highest total votes shall be submitted to the Council, in order of total votes. The Commission shall make its recommendation based on qualifications and a representative geographical distribution of members. K. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year. Oh. • 4