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2015-05-05 PC Packet
AGENDA CITY OF MAPLEWOOD PLANNING COMMISSION Tuesday, May 5, 2015 7:00 PM Council Chambers - Maplewood City Hall 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. March 17, 2015 5. Public Hearing a. 7:00 p.m. or later: Approval of Conditional Use Permit Revisions for Outdoor Storage and a Commercial Building within 350 Feet of a Residential District, Laughlin Pest Control, 1055 Gervais Avenue 6. New Business a. Update and Overview of Proposed Rush Line Corridor b. Approval of a Resolution Finding Proposed TIF District in Conformance with 2030 Comprehensive Plan, Villages at Frost-English 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. April 13, 2015 city council meeting – Commissioner Kempe WITHDRAWN – Conditional Use Permit for a Telecommunications Tower, Harmony Learning Center Conditional Use Permit and a Lot Division, Villages at Frost-English b. May 26, 2015 city council meeting – Commissioner Ige 1055 Gervais Avenue Condition Use Permit Revisions Villages at Frost-English TIF Conformity to 2030 Comprehensive Plan 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MARCH 17, 2015 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Ch at 7:00 p.m. by Acting Chairperson Arbuckle. 2. ROLL CALL Paul Arbuckle, Acting Chairperson Present Al Bierbaum, Commissioner Present Absent Tushar Desai, Chairperson John Donofrio, Commissioner Present Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Dale Trippler, Commissioner Present Staff Present: Michael Martin, Planner 3. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda as submitted. Seconded by Commissioner Ige. Ayes Î All The motion passed. 4. APPROVAL OF MINUTES Commissioner Kempe had a correction on page 2 condition 3 a. whi Martin referred back to the staff report to get the remaining la efficient add the words Ðuse of underutilized landÑ. Commissioner Trippler moved to approve the January 20, 2015, PC Seconded by Commissioner Kempe. Ayes Î All The motion passed. 5. PUBLIC HEARING a. 7:00 p.m. or later: Denial of a Conditional Use Permit for a Telecommunications Tower, Harmony Learning Center, 1961 County Road C East i. Planner, Michael Martin gave the presentation on the telecomm Harmony Learning Center and answered questions of the commission ii. Paul Harrington, representing Rob Viera (who could not be pr representing SBA Network Services and Verizon, addressed and ans the commission. March 17, 2015 1 Planning Commission Meeting Minutes iii. RF Engineer, Verizon Wireless, Jordan Alsted, gave a presen answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing. 1. Linda Olson, 2005 County Rd C E, Maplewood was opposed to the 2. Larry Gold, 2005 County Rd C E, Maplewood was opposed to the 3. Dick Seppala, 2462 Forest St., Maplewood was opposed to the p Acting Chairperson Arbuckle closed the public hearing. deny Commissioner Trippler moved to the requested conditional use permit for the proposed 110-foot-tall wireless telecommunications tower and ground equip following findings required by ordinance: 1. Sec. 44-1331 of the cityÓs ordinance requires the applicant t city council that a new tower is needed to Ðprovide adequate cov that cannot be adequately served by locating the antennas in a l existing structure.Ñ 2. Based on the coverage maps submitted by the applicant adequat already being provided. 3. The ability to increase capacity for this area is available o telecommunications tower on the same site, directly west of the built with the capability for collocation for this specific purp Seconded by Commissioner Kempe. Ayes - All The motion to deny passed. This item goes to the city council on April 13, 2015. b. 7:00 p.m. or later: Approval of a Conditional Use Permit and a Lot Division, Villages at Frost-English, 1955 English Street North i. Planner, Michael Martin gave the report on the Villages at Fr questions of the commission. th ii. Link Wilson, Kaas Wilson Architects, 2104 Î 4 Ave S., Ste B, Minneapolis, addressed and answered questions of the commission. iii. Shane LaFave, Sherman Associates, LLC, 233 Park Ave S., Min answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing. 1. Patrick Horan, 2034 Hazelwood St., Maplewood. 2. Sharon Jackelen, 2001 Chambers St., Maplewood. 3. Mike Herron, 1106 Ryan Ave E., Maplewood. 4. Ryan Besadny, 1270 Ryan Ave E., Maplewood. 5. Jan Sundgaard, 1865 Clarence St., Maplewood. 6. Nancy Embertson, 1996 Chambers St. N., Maplewood. Acting Chairperson Arbuckle closed the public hearing. March 17, 2015 2 Planning Commission Meeting Minutes Commissioner Trippler would like to recommend an amendment addin conditions stating: If possible the applicant shall step back the fourth floor on the building elevation facing Frost Avenue to be consistent with the goals and objectives of the Gladstone Neighborhood Master Plan. The commission was agreeable to adding condition f. to the staff Commissioner Trippler moved to approve the conditional use permi resolution approves the conditional use permit for a four-story (changes or additions are in bold and Approval is subject to the following conditions: underlined) a. The engineering department shall review and determine approva engineering plans. These plans shall comply with all requiremen engineering departmentÓs February 26, 2015 review. b. All construction shall follow the plans date-stamped February noted in this approval. The city council may approve major chan may approve minor changes to the plans. c. This approval is for the phase one, 50-unit multi-family buil buildings taller than 35-feet or three stories must seek separat permit. d. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend t e. The city council shall review this permit in one year. f. If possible the applicant shall step back the fourth floor on the building elevation facing Frost Avenue to be consistent with the goals and objectives of the Gladstone Neighborhood Master Plan. Seconded by Commissioner Bierbaum. Ayes Î All Commissioner Trippler moved to approve the lot division request property located at 1955 English Street, which currently consist division approval is subject to the following conditions: a. Satisfy the requirements set forth in the staff report author dated February 26, 2015. b. Prior to issuance of a grading or building permit for develop must be submitted to staff for approval: 1) Proof that Ramsey County has recorded the lot division. 2) A signed certificate of survey showing the location of all pr Seconded by Commissioner Ige. Ayes Î All The motion passed. This item goes to the CDRB March 24, 2015 and to the City Council on April 13, 2015. March 17, 2015 3 Planning Commission Meeting Minutes 6. NEW BUSINESS a. Maplewood Parks System Master Plan i. Maplewood Parks Manager, Jim Taylor gave a presentation on the Maplewood Parks System Master Plan and answered questions of the commission. The planning commission thanked the members for their hard work system master plan. 7. UNFINISHED BUSINESS None. 8. VISITOR PRESENTATIONS None. 9. COMMISSION PRESENTATIONS a. January 26, 2015, City Council Meeting Î Commissioner Trippler represented and reported that the city council passed the following items. The city council stated during the approval of the 2014 PC Annual Report that they appreciate the hard work of Sherwood Parkview Preliminary Plat and Public Vacations 2728 Geranium Avenue Condition Use Permit for Indoor Storage Zoning Ordinance Amendment for Senior Housing Unit- Size Requir Planning Commission 2014 Annual Report b. March 23, 2015, City Council Meeting Î Commissioner Bierbaum is scheduled. At this time, there are no anticipated items requiring PC repre c. April 13, 2015, City Council Meeting Î Commissioner Donofrio is scheduled. Conditional Use Permit for a Telecommunications Tower, Harmony Conditional Use Permit and a Lot Division, Villages at Frost-En 10. STAFF PRESENTATIONS None. 11. ADJOURNMENT Acting Chairperson Arbuckle adjourned the meeting at 10:02 p.m. March 17, 2015 4 Planning Commission Meeting Minutes MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: April 28, 2015 SUBJECT: Approval of Conditional Use Permit Revisionsfor Outdoor Storage and a Commercial Building within350 Feet of aResidential District,Laughlin Pest Control, 1055 Gervais Avenue Introduction Michael and Sue Laughlin are proposing to buy the property located at 1055 Gervais Avenue to operate their pest controland snow removal business. The property is currently used by a business which provides dumpsters toremodeling projects and currently hasconditional use permits(CUP) for outdoor storageandto allowa commercial building within 350 feet of a commercial district. The current CUPs arevery specific to what business canoperate on site and what can be stored outside,so CUP revisionsarerequired for the Laughlin’s to use this property. In addition, the Laughlin’s are proposing to convert the single-family dwelling on site into an office for the business. The single-family home is currently a legal non-conforming use, so the transition into office space is permitted via zoning but must meet all current zoning and building code requirements. Background May 8, 2000:the city council approved a CUP and the project design plansfor a business called Fresh Paint. These approvals were for the business to build a new office/warehouse buildingwith a hard surfaced parking loton the property at 1055 Gervais Avenue. The owner of Fresh Paint, however, decided to not go forward with the proposed development and eventually sold the property. September 26, 2005: the city council approved CUPs allowing outdoor storage and a commercial building within 350 feet of a residential district for K and W Roll-Offs. Discussion Michael and SueLaughlinare requesting the city amend the CUPs for 1055 Gervais Avenue to allow them to operate apest control and snow removal business from this site. The home on site would also be converted to office space, which is permitted under the zoning of this property. The CUPs werespecifically written to only allow a roll-off business on this site so any change in use required a revision to the CUPs. The applicant’shave stated they are aware ofthe current requirements of the CUPs and only are requestingthe revisionto allow their business. Hard Surface Parking Requirement The CUPs limited the specific use of the property becauseK and W Roll-Offs had requested the city council exempt the business from the ordinance requirement of providing an improved, hard surfaceparking lot because of the damage itsheavy equipment(roll-off containers)could potentially have on aparking lot. In the 2005 staff report it was noted that the city council at anytime, via the CUP, could require the lot to be improvedand the following condition of approval was included with the CUP: 7.The city council may require more parking spaces should the need arise. As noted in the staff engineer’s report, which is attached, since the reason for allowing the exemption of requiring an improved, hard surface would be eliminated, the city ordinance requirement that “All parking lots and associated driveways shall have a surface of bituminous material or concrete”should be enforced. Staff is recommending that any licensed and operable vehicles and trailers be stored on an improved, hard surface –as required by ordinance –but that any other exterior storage related to the business be allowed to occur on an existing gravel surface. The city’s building official stated in his comments that accessible parking needs to be provided for this site –due to the conversion of the house to office space –and that it must be hard surfaced. The city’s parking code requires a parking space for every 200 square feet of office space. Accordingto Ramsey County the existing home has 1,008 square feet of finished space, meaning at least six parking stalls be provided. Below areimages of the approved site plan from 2005 and a 2011aerial photo of the property (images are also attached to the report) and it shows the area that was supposed to be gravel has grown beyond what was approved. Also, in the 2005 design plans approval –see attached city council minutes –the 20-wide driveway between Gervais Avenue and the storage yard was required to be hard surfaced but this requirement was never completed. Approved site plan (left)and 2011 aerial photo Wetland Requirements As noted in the environment planner’s report, which is attached, the city’s wetland regulations have beenamended since 2005. There is a Manage B wetland located to the north of the property, which requires a 75-foot buffer. The rear property line of 1055 Gervais Avenue is located approximately 31 feet to the Manage B wetland edge. This means that the rear 44 feet of the property is within the wetlandbuffer and any development and construction in this area must comply with the City’s wetland ordinance Department Review Fire Marshall, Butch Gervais –Converting house to office space requiresthestructure must meet current fire protection systems according to state and local ordinances. Must have minimum 20- foot access drive for fire department. Building Official, Nick Carver –At least one accessible building entrance required.Interior accessible route to the primary function area required. Accessible, hard surface parking space, access aisle, hard surface accessible routerequired. At least one accessible restroom required. Staff Engineer, Jon Jarosch –See attached report. EnvironmentalPlanner,Shann Finwall–See attached report. Commission Review On May 5, 2015, the planning commission will review theproposed revisions to the conditional use permits for this site. Budget Impact None. Recommendations A.Approve the attached conditionaluse permit revision resolution. This conditional use permit resolution approves outdoor storage on the property at 1055 Gervais Avenue. The city bases approval on the findings required by the code and subject to the following conditions(additions are underlined and deletions are crossed out): 1.The approved exterior storage is limited to roll-off containersequipment,trailers and vehicles associated with a roll-off deliverypest control and snow removalbusiness. All vehicles and trailersmust be licensed and operableand storedon an approved parking surface. 2.The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 3.There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 4.The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 5.The city council shall review this permit in one year. 6.The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. B.Approve the attached conditionaluse permit revision resolution. This conditional use permit allowsa 40 by 49-foot storage building within the M-1 (light manufacturing)zoning district that iswithin 350 feet of a residential zoning district (at 1055 Gervais Avenue). This approval shall be subject to the following conditions(additions are underlined and deletions are crossed out): 1.All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2.The approved exterior storage is limited to roll-off containersequipment,trailers and vehicles associated with a roll-off deliverypest control and snow removalbusiness. All vehicles and trailersmust be licensed and operableand storedon an approved parking surface. 3.The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4.There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 5.The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 6.The city council shall review this permit in one year. 7.The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance.The city council may require more parking spaces should the need arise. 8.The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9.The owners and operators shall only use Maplewood Drive and Gervais Avenue foraccess to the site. There shall be no truck traffic from this business on Cypress Street or on Keller Parkway. Citizen Comments Staffsurveyed the 36property owners within 500 feet of this property for their commentsabout this proposal. Staff receivedtworesponses as follows: For 1.Thank you for the information regarding the CUP request for 1055 Gervais.We see no issues with the request.(Bergerson –2471 Cypress Street) Comments 1. What would be the hours of the operation of their equipment –would they be different? Would there be more equipment causing oil, fuel and other harmful liquids running off into the water collectionarea behind our property?(Kern–1032 Sextant Avenue) Reference Information Site Description Site Size:38,550 square feet (.88acres) Existing Land Use: Single dwelling and storage yard Surrounding Land Uses North:Single Family Homes South:Businesses across Gervais Avenue East:Vacant property planned Cand zoned M-1 West: A single dwelling planned Cand zoned M-1 Planning Land Use Plan:C(commercial) Zoning:M-1 (light manufacturing) Ordinance Requirements Section 44-512(4) requires a CUP for the exterior storage of goods or materials. Section 44-637(b) requires a CUP for any building or exterior use within 350 feet of a residential district. Application Date The city received a complete CUP application for this request on April 20, 2015. Minnesota Statutes, Section 15.99 requires that the city take action within 60 days of receiving a complete application for a land use proposal. Therefore, city action is required on this request by June 19, 2015. Attachments 1.Location Map 2.Land Use Map 3.Zoning Map 4.Site Map 5.2005 Site Plan 6.September 26, 2005 City Council Minutes 7.Applicant’s Narrative 8.Engineering Report, Jon Jarosch, dated April 28, 2015 9.Environmental Report, Shann Finwall, dated April 28, 2015 10.Resolution for a Conditional Use PermitRevisionfor Exterior Storage 11.Resolution for a Conditional Use PermitRevisionfor a Commercial Building Maplewood Heights Kohlman Lake Hazelwood Sherwood Glen Parkside Western Hills Gladstone Hillside Beaver Lake Battle Creek Vista Hills Highwood Carver Ridge Maplewood, City of Maplewood 1055 Gervais Avenue - Laughlin's Pest Contol Company Maplewood, Source: Esri, DigitalGlobe, GeoEye, i- cubed, Earthstar Geographics, CNES/Airbus DS, USDA, Conditional Use Permit Revision - Overview Map USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Attachment 2 Maplewood, Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar 1055 Gervais Avenue - Laughlin's Pest Contol Company Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Legend Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © Conditional Use Permit Revision - Land Use Map OpenStreetMap contributors, and the GIS user community Low Density Residential Commercial Attachment 3 Maplewood, Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar 1055 Gervais Avenue - Laughlin's Pest Contol Company Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Legend Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © Conditional Use Permit Revision - Zoning Map OpenStreetMap contributors, and the GIS user community Single Dwelling (r1) Light Manufacturing (m1) Attachment 4 Maplewood, Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar 1055 Gervais Avenue - Laughlin's Pest Contol Company Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © Conditional Use Permit Revision - Site Map OpenStreetMap contributors, and the GIS user community Attachment 5 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 7 Attachment 7 Attachment 7 Attachment 8 Engineering Plan Review PROJECT: 1055 Gervais Avenue CUP Revision Request PROJECT NO:15-07 COMMENTS BY: Jon Jarosch – Civil Engineer II DATE: 4-28-2015 The applicant is requesting a revision to the existing conditional use permit for 1055 Gervais Avenue to allow the outdoor storage of pest control and snow removal equipment. The site is currently being used to store dumpsters. No site modifications are currently proposed as part of this request The following are engineeringreview comments and act as conditions of approval: 1)The previous CUP allowed theuse of a non-improved surface due to the proposed use of the site as a dumpster storage area. The thought at the time was that the dumpsters would significantly damage a bituminous or concrete surface and that gravel would be more suitable for the proposed use. This variance from City standards was to be monitored and analyzed during subsequent CUP reviews. The current CUP revision request proposes to change the use of the property to the storage of vehicles, trailers, and pest control equipment. The proposed use will require the installation of an improved surfaceper City ordinance. 2)If more than 12 parking spaces are installed, the parking area shall include continuous concrete curb and gutter per City ordinance. 3)The installation of an improved surface on this site will not trigger the City’s stormwater quality requirements if the existing aggregate base material is left undisturbed (the new bituminous or concrete surface isplaced directly on top of the existing aggregate base). Any major site grading or significant disturbance of the aggregate material will trigger the City’s stormwater quality requirements. - END COMMENTS - Attachment 9 Environmental Review Project: Laughlin's Pest Control Company Dateof Plans: June 21, 2010 Date of Review: April 28, 2015 Location: 1055 Gervais Avenue Reviewers: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@ci.maplewood.mn.us Background: Michael and Sue Laughlin are proposing to buy the property located at 1055 Gervais Avenue to operate their pest controland snow removal business. The property is currently used by a business which provides dumpsters to remodeling projects and currently has a Conditional Use Permit (CUP) for outdoor storage. The current CUP is very specific to what business canoperate on site and what can be stored outside, so a CUP revision is required for the Laughlins to use this property.While there is noexterior construction or site modification proposed as part of this request, the applicants should be aware that there is a Manage B wetland located to the north of their propertywithin the residential lot at 1032 Sextant Avenuewhich could impact future improvements to the property as outlined below. Wetland Classification and Buffer Requirements: There is a Manage Bwetland located to the north of the property, within a residential lot at 1032 Sextant Avenue. The city’s wetland ordinance requires a 75-foot buffer adjacent a Manage B wetland. The rear property line of 1055 Gervais Avenue is located approximately 31 feet to the Manage B wetland edge. This means that therear 44 feet of the property is within the wetland buffer and any development and construction in this area must comply with the City’s wetland ordinanceas outlined below. Development and Construction Activities: Unless an exemption applies, the following development and construction activities are not allowed in wetlands, streams, or buffers: 1.Alterations, including the filling of wetlands. Alterations are defined ashuman action that adversely affects the vegetation, hydrology, wildlife orwildlife habitat in a wetland, stream or buffer, including grading, filling, dumping, dredging, draining, paving, construction, application of gravel, discharging pollutants (including herbicides and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass removal or mass planting of vegetation by means of cutting, pruning, topping, clearing, relocating, 1 Attachment 9 or applying herbicides or any hazardous or toxic substance designed to kill plant life. 2. The construction of structures. 3.Projects which convert native or naturalized areas to lawn area. 4.The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5.Discharge of stormwater to a wetland not in compliance with the city’s stormwater management ordinance. Recommendation: While no improvements are proposed on the site, the applicant should be aware that future improvements must comply with the City’s wetland ordinance, which will prohibit or restrict improvements to the rear 44-feet of the property (portions of the lot within the wetland buffer). In addition, increased use and storage on the lot might have negative impacts to the wetland. As such, the City should consider requiring some stormwater improvements as a condition of the CUP to help protect the wetland. . 2 Attachment 10 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS ,Mike and Sue Laughlin, representing Laughlin Pest Control, applied for a conditional use permit (CUP)revision to have an outdoor storage area. WHEREAS , this permit applies to property at 1055 Gervais Avenue. WHEREAS , the legal description of the property is: The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota.(PIN 09-29-22-24-0038) WHEREAS , the history of this conditional use permit is as follows: 1.On May 5, 2015, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council ______the conditional use permit. 2.On May26, 2015, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ______the above-described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, becauseof 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. Attachment 10 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions(additions are underlined and deletions are crossed out): 1.The approved exterior storage is limited to roll-off containersequipment,trailers and vehicles associated with a roll-off deliverypest control and snow removalbusiness. All vehicles and trailersmust be licensed and operable and stored on an approved parking surface. 2.The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 3.There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 4.The proposed construction and the outdoor storage on the property must be substantially started withinone year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 5.The city council shall review this permit in one year. 6.The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. The Maplewood City Council ________this resolution on May 26,2015. Attachment 11 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS ,Mike and SueLaughlin, representing Laughlin Pest Control, applied for a conditional use permit (CUP) revision to allow a commercial building within 350 feet of a residential district. WHEREAS , this permit applies to property at 1055 Gervais Avenue. WHEREAS , the legal description of the property is: The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038) WHEREAS , the history of this conditional use permit is as follows: 1.On May 5, 2015, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council ______ the conditional use permit. 2.On May 26, 2015, the city council discussed the proposed conditional use permit. 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 conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 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. Attachment 11 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1.All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2.The approved exterior storage is limited to roll-off containersequipment,trailers and vehicles associated with a roll-off deliverypest control and snow removalbusiness. All vehicles and trailersmust be licensed and operableand stored on an approved parking surface. 3.The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4.There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 5.The proposed construction and the outdoor storage on the property must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 6.The city council shall review this permit in one year. 7.The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required byordinance.The city council may require more parking spaces should the need arise. 8.The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9.The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street or on Keller Parkway. The Maplewood City Council ________ this resolution on May 26, 2015. MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: April 29, 2015 SUBJECT: Update and Overview of Proposed Rush Line Corridor Introduction At the May 5, 2015planning commission meetingrepresentativesfrom the Ramsey County Regional Railroad Authoritywill be in attendance to provide an update on the planning ofthe Rush Line.The Ramsey County Regional Railroad Authoritystaff serves as the project managers and staff liaisons for the Rush Line. TheRush Lineis a proposed transit linegenerally from Forest Laketo downtown St. Paul. Several alignments and modes are being studied for this line. Discussion As the planning of this proposed transit line progresses staff intendsto give the planning commission regular updates on this project. A good portion of the line would run north-south through Maplewood with alignments potentially somewhere between Interstate 35E and White Bear Avenue. Informational sheetsareattached to this report for reference. No recommendations or decisions are being made as part of this presentation – it is informational only. Recommendation No action required. Attachments 1.Rush Line Purpose and Need 2.Rush Line Routes 3.Rush Line Modes RUSH LINE CORRIDOR PRE-PROJECT DEVELOPMENT STUDY Rush Line Project Needs Rush Line Goals and Objectives GoalsObjectives Increase the use of transit and for all users Improve sustainable travel options between and within study area communities Enhance connectivity of the corridor to the regional transportation network Support sustainable growth and development patterns that regional plans and policies Contribute to improving regional equity, sustainable and quality of life Develop and select an implementable and community-supported project To sign up for email updates and for more information about the Attachment 2 Alignment Alternatives Moving Forward Potential alignment will be defined as the alternatives are refined in downtown Forest Lake 97 Alignment Options 97 Alignments from the 2008/2009 Alternatives Analysis Public Engagement METRO Gold Line (Gateway 35 Corridor) Alignment METRO Green Line 61 021 Miles 35W 35E 14 8 61 ANOKA COUNTY RAMSEY COUNTY 96 10 10 694 Potential alignment will be defined as the alternatives are refined in Maplewood 51 36 694 35E INSET 36 10 10 61 61 EMPIRE DR 10 10 35E 94 51 ST PAUL ST PAULTTPAPAAULL METRO Green Line A STTPA UL PPA U SAUUL S L T SEE INSET SESSEEEEEEININNNSNSSSESESESEET SEE INSET SEEEENSET ET EEE SEEE ETTT NEE NSNS E E EE E E ET ES S 10 10 94 94 94 94 Potential alignment will be defined as the alternatives are refined 52 Attachment 3 Service All-Day Frequent Service Express Commuter MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: April 29, 2015 SUBJECT: Approval of a Resolution Finding Proposed TIF District in Conformance with 2030 Comprehensive Plan, Villages at Frost-English Introduction Minnesota Statute 469.175 Subdivision (3) outlines a number of findings that a municipality must make in order to approve the creation of a Tax Increment Financing (TIF) District. One of the specific findings outlined in this section is, "that the tax increment financing plan conforms to the general plan for the development or redevelopment of the municipality as a whole.” In order to comply with this requirement, the city of Maplewood asks its Planning Commission to review proposed TIF plans, and the developments described within, and confirm by resolution the finding that the proposed development conforms to the 2030 Comprehensive Plan of the city. The planning commission is requested to make this finding with the proposed TIF plan at the Villages at Frost-English. Background March 17, 2015: The planning commission reviewed requests for a conditional use permit and lot division for the Villages at Frost-English redevelopment project and recommended approval of both. April 13, 2015: thecity council make all land use approvals required for this project to move forward. Discussion Included for the Planning Commission’s review are the proposed Tax Increment Financing Plan for 13, and the resolution approving conformity. Also included are the approved TIF District No. 1- site plan for the development and the future land use plan for this site. The Planning Commission is being asked to review the provided documents, and upon concluding the proposed development of a three phase mixed-use development, including an approximately 50-unit multi-family apartment building, an approximately 79-unit senior living facility, and an approximately 6,000 square foot commercial building on the site of the old Maplewood Bowl facility to be in accordance with the 2030 Comprehensive Plan to make the finding through adoption of the included resolution. Recommendation Adopt the attached resolution finding the proposed TIF plan and proposed Villages at Frost- English project in conformance with the 2030 Comprehensive Plan. Attachments 1.Approved Site Plan 2.Comprehensive Plan Land Use Map 3.Modification to Development Program for Development District No. 1 4.Draft TIF Plan 5.Resolution Finding Conformity between Proposed Development and Comprehensive Plan Copyright Kaas Wilson Architects11/26/2014 10:55:23 AMP:\1444-Sherman-Maplewood-Frost English MHFA\Models\1444-Sherman - Maplewood Apartments.rvt Attachment 2 Maplewood, Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthsta 1955 English Street - Villages at Frost and English Legend Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © Low Density Residential Former Maplewood Bowl site - Land Use Map OpenStreetMap contributors, and the GIS user community Open Space Mixed Use Attachment 3 MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 CITY OF MAPLEWOOD, MINNESOTA Draft: May 26, 2015 This document was drafted by: BRIGGS AND MORGAN, Professional Association 2200 West First National Bank Building 332 Minnesota Street St. Paul, Minnesota 55101 Financial Information Springsted Incorporated provided by: 380 Jackson Street, Suite 300 St. Paul, Minnesota 55101 Attachment 3 SECTION IDEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 3 1.1.Definitions.............................................................................................................. 3 1.2. Statement of Public Purpose .................................................................................. 5 1.3. Statutory Authority ................................................................................................ 5 1.4.Statement of Need .................................................................................................. 6 1.5.Statement of Objectives ......................................................................................... 6 1.6. Boundaries of Development District ..................................................................... 7 1.7.Development Activities ......................................................................................... 7 1.8. Payment of Project Cost......................................................................................... 9 1.9. Environmental Controls ....................................................................................... 10 1.10.Park and Open Space to be Created ..................................................................... 10 1.11. Proposed Reuse of Property ................................................................................. 10 1.12.Administration and Maintenance of Development District ................................. 10 1.13.Rehabilitation ....................................................................................................... 11 1.14.Relocation ............................................................................................................ 11 1.15. Parcels To Be Acquired In Whole or In Part Within the Development District.................................................................................................................. 11 1.16. Amendments ........................................................................................................ 11 1.17.Development Activity in the Development District for which Contracts Have Been Signed ................................................................................................ 11 1.18. Other Specific Development Expected to Occur Within The Development District.................................................................................................................. 13 Exhibit A Boundaries of Development District No. 1 .................................................. A-1 Attachment 3 MUNICIPAL ACTION TAKEN Based upon the statutory authority described in the Modified Development Program attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's development objectives as set forth in the Modified Development Program, the City Council has created, established and designated Development District No. 1 pursuant to and in accordance with the requirements of Minnesota Statutes, Section 469.126. The following municipal action was taken in connection therewith: October 28, 1985: The Program for Development District No. 1 was adopted by the City Council. June 23, 1986: The Program for Development District No. 1 was modified by modifying the Project Costs. September 28, 1987: The Program for Development District No. 1 was modified by enlargement of the geographic Project Area and increased Project Costs. January 11, 1988: The Program for Development District No. 1 was modified by modifying the Project Costs. May 8, 1989: The Program for Development District No. 1 was modified by modifying the Project Costs. October 9, 1989: The Program for Development District No. 1 was modified by modifying the Project Costs. April 23, 1990: The Program for Development District No. 1 was modified by modifying the Project Costs. December 23, 1991: The Program for Development District No. 1 was modified by modifying the Project Costs. February 10, 1992: The Program for Development District No. 1 was modified by modifying the Project Costs. May 24, 1993: The Program for Development District No. 1 was modified by modifying the Project Costs. May 8, 1995: The Program for Development District No. 1 was modified by modifying the Project Costs. June 28, 1999: The Program for Development District No. 1 was modified by enlargement of the geographic Project Area and increased Project Costs. August 13, 2001: The Program for Development District No. 1 was modified by increased Project Costs. Attachment 3 May 12, 2003: The Program for Development District No. 1was modified by increased Project Costs. June 23, 2003: The Program for Development District No. 1 was modified by increased Project Costs and the Tax Increment Financing Plan for Housing District No. 1-8 within Development District No. 1 was adopted. August 25, 2008: The Program for Development District No. 1 was modified by increased Project Costs and the Tax Increment Financing Plan for Housing District No. 1-9 within Development District No. 1 was adopted. August 9, 2010:The program for DevelopmentDistrict No. 1 was modified by increased Project Costs and the Tax Increment Financing Plan for Housing District No. 1-10 within Development District No. 1 was adopted. April 25, 2011: The program for Development District No. 1 was modified by increased Project Costs and the Tax Increment Financing Plan for Economic Development District No. 1- 11 within Development District No. 1 was adopted. July 22, 2013: The program for Development District No. 1 was modified by increased Project Costs and the Tax Increment Financing Plan for Redevelopment District No. 1-12 within Development District No. 1 was adopted. May 26, 2015: The program for Development District No. 1 was modified by increased Project Costs and the Tax Increment Financing Plan for RedevelopmentDistrict No. 1-13 within Development District No. 1 was adopted. Attachment 3 SECTION I DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 1.1.Definitions. The terms defined below have, for purposes of this Development Program, the meanings herein specified, unless the context specifically requires otherwise: "City" means the City of Maplewood, a municipal corporation and political subdivision of the State of Minnesota. The City has a Statutory City Plan A form of government. "Comprehensive Plan" means the City's Comprehensive Plan submitted to the Metropolitan Council pursuant to Minnesota Statutes, 473.173, which contains the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. "Council" means the City Council of the City, also referred to as the governing body. (See "Governing Body" below.) "County" means the County of Ramsey, Minnesota. "Development District Act" means the statutory provisions of Minnesota Statutes, Sections 469.124 through 469.133, as amended and supplemented. "Development District" means Development District No. 1 in the City, which is created and established hereto pursuant to and in accordance with the Development District Act, and is geographically described in Exhibit A. "Development Program" means this Development Program for Development District No. 1, initially adopted by the Council on October 28, 1985 and modified on June 23, 1986, September 28, 1987, January 11, 1988, May 8, 1989, October 9, 1989, April 23, 1990, December 23, 1991, February 10, 1992, May 24, 1993, May 8, 1995, June 28, 1999, August 13, 2001, May 12, 2003, June 23, 2003, August 25, 2008, August 9, 2010, April 25, 2011, July 22, 2013, and May 26, 2015. As defined in Minnesota Statutes, Section 469.125, Subd. 3, a development program is a statement of objectives of the City for improvement of a development district which contains a complete statement as to the public facilities to be constructed within the district,the open space to be created, the environmental controls to be applied, the proposed reuse of private property and the proposed operations of the district after the capital improvements within the district have been completed. "Economic Development District" means a type of tax increment financing district which consists of any project, or portions of a project, not meeting the requirements found in the definition of redevelopment district, renewal and renovation district, soils condition district, qualified disaster area, or housing district, but which the City finds to be in the public interest because: Attachment 3 (a) It will discourage commerce, industry or manufacturing from moving their operations to another municipality; or (b) It will result in increased employment in the state; or (c) It will result in preservation and enhancement of the tax base of the state. "Governing Body" means the duly elected City Council as defined in Minnesota Statutes, Section 469.125, Subd. 8. "Housing District" means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts, as defined in Minnesota Statutes, Section 469.174, subd. 11. "Municipal Industrial Development Act" means the statutory provisions of Minnesota Statutes, Sections 469.152 through 469.1655, as amended. "Municipality" means any city, however organized as defined in Minnesota Statutes, Section 469.125, Subd. 2. “Redevelopment District” means a type of tax increment financing district consisting of a project, or portions of a project, not meeting the requirements found in the definition of economic development district, renewal and renovation district, soils conditions district, qualified disaster area, or housing district, and subject to the provisions of Minnesota Statutes 469.174, Subd. 10. "3M Renovation and Retention Project Area" means the land identified as Parcel 362922240002. "State" means the State of Minnesota. "Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued and to be issued by the City to finance the project costs associated with Development District No. 1 as stated in the Development Program and in the Tax Increment Financing Plan for the Tax Increment Financing Districts within Development District No. 1. The term "Tax Increment Bonds" shall also include any obligations issued to refund the Tax Increment Bonds. "Tax Increment Financing District" means any tax increment financing district presently established or to be established in the future in Development District No. 1. "Tax Increment Financing Act" means the statutory provisions of Minnesota Statutes, Sections 469.174 through 469.1794, inclusive, as amended. Attachment 3 "Tax Increment Financing Plan" means the respective Tax Increment Financing Plan for each Tax Increment Financing District located within the Development District. 1.2.Statement of Public Purpose. The Council (the "Council") in and for the City of Maplewood, Minnesota (the "City") has determined that there is a need for housing, development and redevelopment within the corporate limits of the City to provide employment opportunities, to enhance developmentopportunities for the private sector, to improve the tax base and to improve the general economy of the City, the County of Ramsey and the State of Minnesota. It is found that there are certain parcels of property within the Development District which are potentially more useful, productive and valuable than is being realized under existing conditions, is less productive because of the lack of proper utilization, and, therefore, are not contributing to the tax base of the City to their full potential. Inaddition, it is hereby found that there is a need for public improvements to encourage development. Therefore, the City has determined to exercise its authority to develop a program for improving the Development District of the City to provide impetus forprivate development, to maintain and increase employment, to utilize existing potential and to provide other facilities as are outlined in the Development Program adopted by the City. The Council has also determined that the proposed developments would not occur solely through private investment in the foreseeable future; that the tax increment financing plans proposed herein are consistent with the Development Program; and that the tax increment financing plans will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the development or redevelopment of the Development District by private enterprise. The Council finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce to carry out its stated public purpose objectives. 1.3.Statutory Authority. The Development District Act, authorizes the City, upon certain public purpose findings by the Council, to establish and designate development districts within the City and to establish, develop and administer development programs in regard thereto, all for the purpose of creating funding for the financing of necessary activities and improvements within the City. In accordance with the purposes set forth in Section 469.124 of the Development District Act, the Council hereby establishes Development District No. 1, as described in Exhibit A, for the purposes of enhancing the environment in which existing businesses are located, thus helping to secure their continued existence and potential additional development within the City, and promoting new and ongoing development in Development District No. 1, both of which will provide employment opportunities, improve the tax base of the City and contribute positively to the economy of the State. The Tax Increment Financing Act, provides the procedure for the establishment of tax increment districts for the use of tax increment financing authorized by the Development District Act for the funding of qualified public activities and improvements. Attachment 3 Within the Development District, the City has established ten housing districts as the types of tax increment financing district described in Section 469.174, Subd. 11 for Housing District No. 1-1, Housing District No. 1-2, Housing District No. 1-3, Housing District No. 1-4, Housing District No. 1-5, Housing District No. 1-6, Housing District No. 1-7, Housing District No. 1-8, Housing District No. 1-9, and Housing District No. 1-10. The City has established six economic development districts as the types of tax increment financing district described in Section 469.174, Subd. 12 for Economic Development District No. 1-1, Economic Development District No. 1-2, Economic Development District No. 1-3, Economic Development District No. 1-4, Economic Development District No. 1-5, and Economic Development District No. 1-11. The City has established a redevelopment district as permitted under Minnesota Laws, 2013, Chapter 143, Article 9, Section 21 and Redevelopment District No. 1-13 as a type of tax increment financing district described in Section 469.174, Subd. 10. 1.4.Statement of Need. The Development District is established by the City of Maplewood for the purpose of promoting the redevelopment of existing commercial areas and the development of new business opportunities within the community. The City has found that the area within the Development District has not realized its greatest development potential due to a variety of factors. Included in the development barriers identified by the City are: inadequate public improvements, improper land use and utilization, and lack of investment. The City has found that the creation of the Development District and the utilization of tax increment financing is needed to remove these barriers and to promote development of the community. 1.5.Statement of Objectives. The Council determines that it is necessary, desirable and in the public interest to establish the Development District in the City, pursuant to the authority of the Development District Act. The Council finds that the creation of the Development District is necessary to give the City the ability to meet certain public purpose objectives that would not be otherwise obtainable in the foreseeable future without intervention by the City in the normal development process. The City intends to satisfy the following objectives through the implementation of the Development Program: (a)To provide safe, decent, sanitary housing for all residents of the city and in particular low and moderate income residents. (b)To provide an adequate housing supply for all residents at a cost they can afford. (c)To provide housing choices for low and moderate income residents who find housing opportunities are not available to them because of economic conditions. (d)To provide project activities which will assist in making possible the construction of a planned apartment for low and moderate income residents, as well, as improving health, welfare and convenience of citizens residing in the Development District. (e)Provide for the financing and construction of public improvements, including recreational and community center facilities, in the Development District, necessary Attachment 3 for the orderly and beneficial development of the Development District and adjacent areas of the City and the provision of adequate City services to the City residents. (f)Promote and secure the prompt development of certain property in the Development District, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with a minimum adverse impact on the environment, and thereby promote and secure the development of other land in the City. (g)Promote and secure additional employment opportunities within the Development District and the City for residents of the City and the surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. (h)Secure the increase of property subject to taxation by the City, Independent School Districts Nos. 622, 623 and 624, Northwest Metropolitan Intermediate District No. 916, Ramsey County, and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. (i)Promote the concentration of new desirable residential, commercial, office, restaurant, and other appropriate development in the Development District so as to maintain the area in a manner compatible with its accessibility and prominence in the City. (j)Encourage local business expansion, improvement and development, whenever possible. (k)Create a desirable and unique character within the Development District through quality land use alternatives and design quality in new and remodeled buildings. (l)Encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compatible with the Development Program. 1.6.Boundaries of Development District. The area within the Development District is set forth in Exhibit A. 1.7.Development Activities. Development activities within the Development District must be financially feasible, marketable and be compatible with long range development strategies of the City. The following recommendations represent the options that satisfy community development objectives for the Development District while taking advantage of opportunities which are currently available. The City will perform all project activities pursuant to the statute and in doing so, anticipates that the following may, but are not required to be undertaken: (a)The making of studies, planning, and informal activities relating to the Development Program. (b)The implementation and administration of the Development Program. Attachment 3 (c)The construction or reconstruction of streets, sidewalks, utilities, and other public improvements including but not limited to: (1)the construction of street, water and sewer improvements on Southlawn Drive from Beam Avenue to County Road D; (2)the construction of street, water and sewer improvements on McKnight Road from Highway 36 to Conway Avenue; (3)the construction of a water tower on Stillwater Road east of Sterling; (4)the construction of water main on Hudson place; (5)the installation of traffic lights at Hazelwood Avenue and Southlawn Avenue on Beam Avenue. (6)acquisition of land and improvement of Hazelwood Park located at County Road C east of Hazelwood Avenue; (7)improvement of Playcrest Park located at Lydia Avenue and McKnight Road; (8)acquisition, expansion and improvement of Harvest Park located at Hazelwood Avenue south of County Road C and North of Highway 36; (9)the construction of water, street, sanitary sewer and storm sewer improvements within an area North of Beam Avenue, South of the Northern City limit, East of Highway 61 and West of White Bear Avenue; (10)acquisition of the abandoned Burlington Northern railroad right of way running from Larpenteur Street to Highway 694; (11)acquisition of the land that the Cottages of Maplewood will be developed on and the payment of certain site improvements for the Cottages of Maplewood project; (12)acquisition and betterment of a city recreational and community center facility; (13)improvement of Sherwood Park located at Hazelwood and Cope Avenues; (14)improvement of Afton Heights Park, Geranium Park, Gethsemane Park, Gladstone Park, Goodrich Park, Hillside Park, Lion's Park, Maplecrest Park, Maplewood Heights Park, Nature Center, Robinhood Park, Sherwood Park and Timber Park; (15)construction of a municipal storage building to house park equipment; (16)construction of public alleys east of White Bear Avenue from Woodlyn Avenue to County Road D and a public alley southwest of the southwest corner of Beam Avenue and White Bear Avenue; Attachment 3 (17)construction of traffic improvements on White Bear Avenue from Interstate Highway 694 to Beam Avenue; (18)bike path along McKnight Road (County State Aid Highway 68) from a point 788.17 feet north of the Southwest Corner of Section 36, Township 29N, Range 22W to a point 37.00 feet south of the West Quarter Corner of Section 36 Township 29N, Range 22W; (19)the construction of an approximately 400,000 square foot research and development facility and outdoor parking of approximately 725 spaces within the 3M Renovation and Retention Project Area consisting of parcel 362922240002; and (20)the redevelopment of the existing Maplewood Bowl site, into a three phased mixed-use development, consisting of the construction of an approximately 50- unit multi-family apartment building, an approximately 79-unit senior housing living facility, and an approximately 6,000 square foot commercial building along with corresponding site work, infrastructure, and parking improvements associated with the mixed-use project. (d)The acquisition of property consistent with the objectives of the Development Program. (e)The preparation of property for use including demolition of structures, clearance of sites, placement of fill, and installation of utilities. (f)The resale of property to developers. (g)The provision of relocation assistance to businesses and homeowners as may be required by this Development Program. (h)The issuance of Tax Increment Bonds to finance project costs of the Development Program or to evidence the City's obligation to reimburse developers for all or part of the project costs of the Development Program incurred or tobe incurred by it pursuant to a Development Agreement. (i)The use of tax increments derived from a Tax Increment Financing District within the Development District to pay debt service on Tax Increment Bonds or otherwise pay the project cost of the Development Program. 1.8.Payment of Project Cost. It is anticipated that the project cost of the Development Program will be paid primarily from the tax increments to be derived from the Development District, either directly or indirectly by payment of project eligibleexpenses, by reimbursement of developers for items of project cost paid directly by developers, or by some combination of these methods. The City reserves the right to utilize special assessments, general property taxes, utility revenues, and other sources of revenue which the City may apply to pay the project cost. The City intends to pool tax increments from all Tax Increment Financing Districts to finance the project cost of the Development Program within the Development District. Attachment 3 1.9.Environmental Controls. The proposed Tax Increment Financing Districts within the Development District do not present significant environmental concerns. All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental standards. 1.10.Park and Open Space to be Created. Park and open space within the Development District No. 1 will be created in accordance with the zoning and platting ordinances of the City. The City may undertake the following park improvements: (a)the acquisition of land and improvement of Hazelwood Park located at County Road C east of Hazelwood Avenue; (b)the improvement of Playcrest Park located at Lydia Avenue and McKnight Road; (c)the acquisition, expansion and improvement of Harvest Park located at Hazelwood Avenue south of County Road C and North of Highway 36; (d)the improvement of Sherwood Park located at Hazelwood and Cope Avenues; (e)the improvement of Afton Heights Park, Geranium Park, Gethsemane Park, Gladstone Park, Goodrich Park, Hillside Park, Lions Park, Maplecrest Park, Maplewood Heights, Nature Center, Robinhood Park, Sherwood Park, Timber Park; (f)the acquisition and improvement of park land adjacent to Housing District No. 1-9, the acquisition and improvement of the park land will not involve the use of tax increment revenues. 1.11.Proposed Reuse of Property. The Development Program does not contemplate the acquisition of private property until such time as a private developer presents an economically feasible program for the reuse of that property. Proposals, in order to be considered, must be within the framework of the above cited goals and objectives, and must clearly demonstrate feasibility as a public program. Prior to formal consideration of the acquisition of any property, the City Council will require a binding contract, performance bond and/or other evidence or guarantees that a supporting tax increment or other funds will be available to repay the project cost associated with the proposed acquisition. It shall be the intent of theCity to negotiate the acquisition of property whenever necessary. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any land sale contract to which the City is a part. 1.12.Administration and Maintenance of Development District. Maintenance and operation of the public improvements will be the responsibility of the City Manager who shall serve as administrator of the Development District. The administrator will administer the Development District pursuant to the provisions of Section 469.131 of the Development District Act; provided, however, that such powers may only Attachment 3 be exercised at the direction of the Council. No action taken by the administrator pursuant to the abovementioned powers shall be effective without authorization by the Council. 1.13.Rehabilitation. Owners of properties within the Development District will be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as well as any design standards. Owners of properties who purchase property within the Development District from the City may be required to rehabilitate their properties as condition of sale of land. The City will provide such rehabilitation assistance as may be available from federal, state or local sources. 1.14.Relocation. No person will be displaced and have to be relocated as a result of the Development Program. The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Development District Act. 1.15.Parcels To Be Acquired In Whole or In Part Within the Development District. The City intends to acquire all or part of the land within Housing District No. 1-3 to facilitate the construction of the Cottages of Maplewood housing project. The City intends to reimburse the developer for the cost of the land within Housing District Nos. 1-4, 1-5 and 1-6 to facilitate the construction of the Carefree Cottages of Maplewood housing project (Phase I, Phase II and Phase III). The City intends to reimburse the developer for the cost of the land within Housing District No. 1-7 to facilitate the construction of the Van Dyke Village project. The City intends to reimburse the developer for the cost of the land within Housing District No. 1-8 to facilitate the construction of the Sibley Cove project. The City intends to reimburse the developer for the cost of the land within Housing District No. 1-9 to facilitate the construction of the Gethsemane Senior Housing project. The City intends to reimburse the developer for the cost of land within Housing District No. 1-10 to facilitate the construction of the Shores of Maplewood project. The City intends to finance public improvements related to redevelopment of the Maplewood Mall within Economic Development District No. 1-11. The City intends to reimburse the developer for a portion of the cost of the land within Redevelopment District No. 13 if such determination is made. 1.16.Amendments. The City reserves the right to alter and amend the Development Program and the tax increment financing plans, subject to the provisions of state law regulating such action. The City specifically reserves the right to change the size of the Development District and the Tax Increment Financing Districts, the project cost of the Development Program and the amount of Tax Increment Bonds to be issued to finance such cost by following the procedures specified in Minnesota Statutes, Section 469.175, Subd. 4. 1.17.Development Activity in the Development District for which Contracts Have Been Signed. (a)Zantigo Restaurant was developed by Zantigo Mexican Restaurants, Inc. on County Road D, West of White Bear Avenue. The contractor was William Kranz Construction and the cost of the project was $260,000. Attachment 3 (b)Maple Ridge Square Shopping Center was developed by Curt Johnson and Joe Weis - Weis Builders, Inc. at the intersection of Gervais Avenue and White Bear Avenue. The contractor was Weis Builders and the cost of the project was $2,318,383. (c)Maple Ridge Apartments was developed by Podawiltz Development Company on County Road D, west of White Bear Avenue. The contractor was Avon Lumber Company, Inc. and the cost of the project was $2,800,000. (d)Maple Ridge Estate Apartments was developed by Maple Ridge Development Corporation at the intersection of Stillwater Road and Stillwater Avenue. The contractor was Steve Haight Construction and the cost of the project was $3,999,000. (e)An addition to Maplewood Mall is being developed by CPI. The contractor is Kraus Anderson and the cost of the project is $2,075,000. (f)A Main Street Store at Maplewood Mall is being developed by Federated Department Stores. The contractor is Sheehy Construction and the cost of the project is $2,000,000. (g)The expansion of St. John's Northeast Hospital on Beam Avenue. (h)The development of a 60 unit senior citizen housing complex (known as the Cottages of Maplewood). (i)The development of the Crossings Mall to be located adjacent to Maplewood Mall. (j)The development of the Carefree Cottages of Maplewood senior citizen housing project. (k)The acquisition of property located at 2146 White Bear Avenue, commonly referred to as the Taystee Bread Store in an amount anticipated to be $500,000 or the development of the Community Park in the amount of $500,000. (l)The development of the Schroeder Milk project. (m)A development agreement with respect to the construction of an approximately 20 unit townhome-style housing facility in the City (the Van Dyke Village project) consisting of 8 one-story, two-bedroom and 12 two-story, three-bedroom units. (n)A development agreement with respect to the construction of an approximately 80 unit rental housing facility in the City (the Sibley Cove project) consisting of two- and three-bedroom units and related amenities. (o)A development agreement with respect to the construction of an approximately 111 unit senior housing facility in the City (the Gethsemane project). Attachment 3 (p)A development agreement with respect to the construction of an approximately 162 unit senior housing facility in the City (the Shores of Maplewood project). (q)The City intends to enter into a development agreement with 3M Company with respect to the construction of an approximately 400,000 square foot research and development facility and outdoor parking of approximately 725 within the 3M Renovation and Retention Project Area (the 3M Research and Development Project). (r)The City intends to enter into a development agreement with Sherman Associates, Inc. with respect to the mixed-use three phase redevelopment project to be constructed on the existing Maplewood Bowl site (the Maplewood Bowl Redevelopment Project). 1.18.Other Specific Development Expected to Occur Within The Development District. It is anticipated that development will occur within the Development District as described in Section 1.17. Additional development may occur in theDevelopment District in the future; however, no contracts have been entered into at this time with respect to such development. The nature and timing of further development cannot accurately be predicted at this time. Attachment 3 Exhibit A Boundaries of Development District No. 1 Consists of the entire corporate boundaries of the City of Maplewood. Attachment 4 Maplewood, Minnesota Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 Within Development District No. 1 (Maplewood Bowl Redevelopment Project) Draft Dated: April 24, 2015 Public Hearing Scheduled: May 26, 2015 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 WWW.SPRINGSTED.COM Attachment 4 TABLE OF CONTENTS SectionPage(s) Definitions .............................................................................................................................................................. 1 A. Statutory Authorization .......................................................................................................................................... 1 B. Statement of Need and Public Purpose ................................................................................................................. 1 C. Statement of Objectives ........................................................................................................................................ 1 D. Designation of Tax Increment Financing District as a Redevelopment District ...................................................... 2 E. Duration of the TIF District ..................................................................................................................................... 3 F. Property to be Included in the TIF District.............................................................................................................. 3 G. Property to be Acquired in the TIF District ............................................................................................................. 2 H. Specific Development Expected to Occur Within the TIF District .......................................................................... 3 I. Findings and Need for Tax IncrementFinancing ................................................................................................... 5 J. Estimated Public Costs .......................................................................................................................................... 4 K. Estimated Sources of Revenue ............................................................................................................................. 5 L. Estimated Amount of Bonded Indebtedness .......................................................................................................... 7 M. Original Net Tax Capacity ...................................................................................................................................... 7 N. Original Local Tax Rate ......................................................................................................................................... 6 O. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ..................................................... 8 P. Use of Tax Increment ............................................................................................................................................ 8 Q. Excess Tax Increment ........................................................................................................................................... 7 R. Tax Increment Pooling and the Five Year Rule ..................................................................................................... 8 S. Limitation on Administrative Expenses .................................................................................................................. 8 T. Limitation on Property Not Subject to Improvements - Four Year Rule ................................................................. 9 U. Estimated Impact on Other Taxing Jurisdictions .................................................................................................. 11 V. Prior Planned Improvements ............................................................................................................................... 11 W. DevelopmentAgreements ................................................................................................................................... 12 X. Assessment Agreements ..................................................................................................................................... 12 Y. Modifications of the Tax Increment FinancingPlan ............................................................................................. 10 Z. AA. Administration of the Tax Increment FinancingPlan ........................................................................................... 11 . Filing TIF Plan, Financial Reporting and Disclosure Requirements ..................................................................... 11 AB Map of the Tax Increment Financing District within Development District No. 1 ...................................... EXHIBIT I Assumptions Report ............................................................................................................................... EXHIBIT II Projected Tax IncrementReport ............................................................................................................ EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ........................................................................EXHIBIT IV Market Value Analysis Report ................................................................................................................EXHIBIT V Attachment 4 City of Maplewood, Minnesota Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "City" means the City of Maplewood, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the ‘Governing Body”. "County" means Ramsey County, Minnesota. "Development District" means Development District No. 1 in the City, which is described in the corresponding Development Program. "Development District Area" means the geographic area of the Development District. "Development Program" means the Development Program for the Development District. "School District" means Independent School District No. 622, Minnesota. “Special Law” means Minnesota Laws, 2013, Chapter 143, Article 9, Section 21. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, as amended, both inclusive. "TIF District" means Tax Increment Financing (Redevelopment) District No. 1-13. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See Section 1.3 of the Development Program for the Development District. Section C Statement of Need and Public Purpose See Section 1.4 of the Development Program for the Development District. Section D Statement of Objectives See Section 1.5 of the Development Program for the Development District. Section E Designation of Tax Increment Financing District as a Redevelopment District Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50% of the buildings, not including outbuildings, are structurally substandard requiring substantial renovation or clearance. A parcel is deemed SPRINGSTED Page 1 Attachment 4 City of Maplewood, Minnesota "occupied" if at least 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots; or other similar structures. (2)the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-of-ways; or (3)tank facilities, or property whose immediately previous use was for tank facilities, as defined in section 115C.02, subdivision 15, if the tank facilities: (i)have or had a capacity of more than 1,000,000 gallons; (ii)are located adjacent to rail facilities; and (iii)have been removed or are unused, underused, inappropriately used, or infrequently used. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. The City is in the process of having a blight study completed by an independent third-party to determine if the proposed TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above. The supporting facts and documentation for this determination will be included in the final version of this plan as an Exhibit, and will be retained by the City for the life of the TIF District and will be available to the public upon request at prior to the public hearing. "Structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection (including egress), layout and condition of interior partitions, or similar factors. Generally, a building is not structurally substandard if it is in compliance with the building code applicable to a new building, or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type. A city may not find that a building is structurally substandard without an interior inspection, unless it can not gain access to the property and there exists evidence which supports the structurally substandard finding. Such evidence includes recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district; (2)the demolition or removal of the substandard building was performed or financed by the City, or was performed by a developer under a development agreement with the City, (3)the City found by resolution before such demolition or removal occurred that the building was structurally substandard and that the City intended to include the parcel in the TIF district, and (4)the City notifies the county auditor that the original tax capacity of the parcel must be adjusted upon filing the request for certification of the tax capacity of the parcel as part of a district. In the case of (4) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, SPRINGSTED Page 2 Attachment 4 City of Maplewood, Minnesota demolition and rehabilitation of structures, clearing of land, removal of hazardous substances or remediation necessary to develop the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City may be included in the qualifying costs. Section F Duration of the TIF District Redevelopment districts may remain in existence 25 years from the date of receipt of the first tax increment. The City anticipates that the TIF District will remain in existence the maximum duration allowed by law (projected to be though the year 2043). Modification of this plan (see Section AA) shall not extend these limitations. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. Pursuant to MN Statutes, Section 469.175, Subdivision 1(b), the City elects to delay receipt of first increment until 2018. Section G Property to be Included in the TIF District The TIF District is an approximately 5.57-acre area of land located within the Development District. A map showing the location of the TIF District within the Development District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: r* Legal Description* Parcel Numbe 162922140007 W 1/2 Of Vac Alley In Blk 1 Adj Lots 14 Thru 22 & E 1/2 Of Chambers St Vac Adj & Lots 14 Thru 22 In Blk 1 & W 1/2 Of Chambers St Vac & E 1/2 Of Alley Vac & Lots 6 Thru 11 Blk 2 & W 1/2 Of Alley Vac & Lots 12 Thru Lot 16 Blk 2 162922140074 E 1/2 Of Vac Alley Adj And Lots 9 1o And Lot 11 Blk 1 162922140073 E 1/2 Of Vac Alley Adj And Lot 8 Blk 1 162922140072 E 1/2 Of Vac Alley Adj And Lot 7 Blk 1 162922140071 E 1/2 Of Vac Alley Adj And Lot 6 Blk 1 162922140070 E 1/2 Of Vac Alley Adj And Lots 4 And Lot 5 Blk 1 162922140099 Subj To Rd; E 1/2 Of Vac Alley Accruing & Lots 1 Thru 3 Blk 1 SPRINGSTED Page 3 Attachment 4 City of Maplewood, Minnesota 162922140079 E 1/2 Of Chambers St Vac Adj & Fol; Ex E 80 Ft; Lots 23, 24 & Lot 25 Blk 1 162922140080 W 1/2 Of Vac Street & All Of Vac Alley Accruing & Lot 1 Blk 1 162922140081 Alleys & Street As Vac In Doc Nos. 1528547, 1807561 & 567589 Accruing & Fol; Lots 2 Thru 5 Blk 1 Kuhls Re & In Sd Lincoln Park; Lots 4 & Lot 5 Blk 2 162922140085 W 1/2 Of Alley As Vac In Doc #567589 Accruing & Fol; Lot 18 Blk 2 162922140086 W 1/2 Of Vac Alley Adj & Lot 17 Blk 2 The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. *The parcels to be located in the TIF District are being replatted. The Parcel Numbers and legal descriptions are representative of the parcels prior to the replatting. Section H Property to be Acquired in the TIF District The City may acquire and sell any or all of the property located within the TIF District; however, the City does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The proposed project includes the redevelopment of the existing Maplewood Bowl site, into a three phase mixed-use development. The redevelopment of the site will be undertaken in three separate component, phase 1 of the redevelopment is projected to consist of an approximately 50-unit multi-family apartment building, phase 2 is projected to consist of an approximately 79-unit senior living facility, and phase 3 is projected to consist of an approximately 6,000 square foot commercial building. The redevelopment will also include corresponding site work, infrastructure, and parking improvements associated with mixed use project. The City anticipates using tax increment to reimburse the Developer for a portion of the TIF eligible project costs occurred in the development of the Facility. Included in the projected eligible costs to be reimbursed are costs associated with demolition of existing buildings, site work, private utility improvements, and other eligible improvements associated with the project. Additionally, the City anticipates using tax increment to finance public improvements and site work on property located within the Development District, along with related administrative expenses. Construction of the project is expected to begin in 2015, and be completed by 2016. The development is projected to be 100% assessed and on the tax rolls as of January 2, 2017 for taxes payable in 2018. SPRINGSTED Page 4 Attachment 4 City of Maplewood, Minnesota At the time this document was prepared there were no signed construction contacts with regards to the above described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a redevelopment district; See Section E of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. Factual basis: Proposed development not expected to occur: The development includes the construction of the three-phase mixed use development. A key component to the redevelopment is the reimbursement of eligible expenses through tax increments. The Developer has indicated they would not undertake the proposed development without the financial assistance. Without the assistance the City has no reason to expect that significant reinvestment in the site would occur without assistance similar to that provided in this plan. Therefore the City has no reason to believe the development would occur but-for the use of tax increment assistance. To summarize the basis for the City’s findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is anywhere from $0 (except for a small amount for annual appreciation of land value) b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $19,354,736, including the value of the building (See Exhibit V). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $2,395,400 (See Exhibit V) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $16,959,336 (the amount in clause b less the amount in clause c) without tax increment assistance. (3) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the TIF District by private enterprise. The proposed development is the construction of a mixed-use redevelopment, in the Factual basis: Development District that is expected to create substantial new tax base for the City and the state. The SPRINGSTED Page 5 Attachment 4 City of Maplewood, Minnesota development clearly meets the City's housing and redevelopment goals of creating additional affordable and senior housing opportunities; additionally, the development meets the agency’s goal of the removal of blight.. (4) The TIF Plan conforms to general plans for development of the City as a whole. The City Planning Commission has determined that the development proposed in the TIF Plan Factual basis: conforms to the City comprehensive plan. (5) The City does not elect the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3(b); therefore subdivision 3(a) shall apply which indicates the original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions (see method (a) in Section P). Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Private TIF eligible improvements, including demolition, relocation, site $1,723,230 improvements/preparation costs, related infrastructure and other eligible improvements Paygo Note Interest Payments1,904,137 Public site work/infrastructure costs and 1,394,036 Administrative expenses Other Expenditures 0 Total $5,021,403 The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. The City reserves the right to spend available tax increment outside of the TIF District boundaries but within the Project Area. Section L Estimated Sources of Revenue Tax Increment revenue $5,021,403 Interest on invested funds 0 Bond proceeds 0 Loan proceeds 0 Grants 0 Other 0 Total $5,021,403 The City anticipates using future tax increments for reimbursement of public costs incurred from Section K. As increments are collected from the TIF District in future years, a portion of these tax increments will be reserved by the City as reimbursement for public costs incurred (primarily site work/infrastructure costs), either through internal funding or general obligation or revenue debt. The City also anticipates providing financial assistance to the proposed development through the use of pay-as-you-go financing. With pay-as-you-go financing, as tax increments are collected from the TIF District in future years, a portion of these tax increments will be distributed to the developer as reimbursement for eligible costs incurred related to the redevelopment of the site. SPRINGSTED Page 6 Attachment 4 City of Maplewood, Minnesota The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the TIF District to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The City may consider issuing tax increment bonds to finance all or a portion of the estimated public costs, and reserves the right to issue such bonds in an amount not to exceed $5,021,403 (total estimated public costs). Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Authority intends to file the request for certification prior to July 1, 2015. Therefore, the original net tax capacity will be the net tax capacity as of January 2, 2014. The Estimated Market Value of all property within the TIF District as of January 2, 2014, for taxes payable in 2015, is $1,616,300, and is classified as commercial property. Upon redevelopment a portion of the site will be classified as rental property, and a portion will be classified as commercial property. Therefore, the estimated tax capacity is currently unknown; however, for purposes of the revenue projections in this TIF plan, the City has assumed a pro-rata share of the land area will be classified as rental an a portion as commercial resulting in $12,664, which is estimated to be the original net tax capacity of the TIF District. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section O Original Local Tax Rate The County Auditor shall also certify the original local tax rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original local tax rate of the TIF District. As noted in Section M, the Authority intends to file the TIF District for certification prior to July 1, 2015; therefore, the Original Local Tax Rate will be the rate that applies for taxes payable in 2015. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2014 and payable in 2015, is 152.372% as shown below. SPRINGSTED Page 7 Attachment 4 City of Maplewood, Minnesota 2014/2015 Taxing Jurisdiction Local Tax Rate 46.353% City of Maplewood 58.922% Ramsey County 35.864% ISD # 622 11.233% Other Total152.372% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The City anticipates that development will be initiated in 2015, and completed in 2016 creating a total tax capacity for the TIF District No. 1-13 of $110,87 as of January 2, 2017. The captured tax capacity as of that date is estimated to be $98,209 and the first-year of tax increment is estimated to be $149,643 payable in 2018. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit III. The estimates shown in this TIF Plan assume that commercial class rates remain at 1.5% for the first $150,000 of estimated market value and 2.0% of the market value above $150,000; while rental class rates will remain constant at 1.25% and 0.75% for 4(d) rental class rates. The projections also assume a 2% annual increase in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be determined before the application of fiscal disparity. In subsequent years, the current net tax capacity shall either (a) be determined before the application of fiscal disparity or (b) exclude the product of any fiscal disparity increase in the TIF District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The method the City elects shall remain the same for the life of the TIF District, except that a single change may be made at any time from method (a) to method (b) above. »The City elects method (a), or M.S. Section 469.177, Subdivision 3(a). The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: SPRINGSTED Page 8 Attachment 4 City of Maplewood, Minnesota (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five-Year Rule At least 75% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 25% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to SPRINGSTED Page 9 Attachment 4 City of Maplewood, Minnesota have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 75% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The City anticipates that tax increments will be spent outside of the TIF District (including a portion for allowable administrative expenses) for eligible redevelopment pooling expenditures. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the City other than: (1) amounts paid for the purchase of land; (2)amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3)relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4)amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5)amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the TIF District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified SPRINGSTED Page 10 Attachment 4 City of Maplewood, Minnesota improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The City must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences any of the above activities, the City shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1.The total amount of tax increment that will be generated over the life of the TIF District is estimated to be $5,021,403. 2.To the extent the project in the TIF District generates any public cost impacts on City-provided services such as police and fire protection, public infrastructure, and the impact of any general obligation tax increment bonds attributable to the TIF District upon the ability to issue other debt for general fund purposes, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the TIF District. 3.The amount of tax increments over the life of the TIF District that would be attributable to School District levies, assuming the School District’s share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $1,186,164. 4.The amount of tax increments over the life of the TIF District that would be attributable to County levies, assuming the County’s share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $1,948,783. 5.No additional information has been requested by the County or School District that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. SPRINGSTED Page 11 Attachment 4 City of Maplewood, Minnesota Section X Development Agreements If within a project containing a redevelopment district, more than 25% of the acreage of the property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. The City anticipates entering into an agreement for development, but does not anticipate acquiring property located within the TIF District. Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The City does not anticipate entering into an assessment agreement, however it reserves the right to enter into an assessment agreement for individual projects. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Development District or the TIF District; a determination to capitalize interest on the debt if that determination was not part of the original TIF Plan, increase in the portion of the captured net tax capacity to be retained by the City; increase in the total estimated public costs; or designation of property to be acquired by the City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the City agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue and the Office of the State Auditor. The City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of SPRINGSTED Page 12 Attachment 4 City of Maplewood, Minnesota any prior planned improvements. The City shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. SPRINGSTED Page 13 Attachment 4 Exhibit II MAP OF TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-13 Within Development District No. 1 SPRINGSTED Attachment 4 Exhibit II Assumptions Report City of Maplewood, Minnesota Tax Increment Financing (Redevelopment) District No. 1-13 Maplewood Bowl Redevelopment Project Combined Phases TIF Projections Type of Tax Increment Financing DistrictRedevelopment Maximum Duration of TIF District25 years from 1st increment Projected Certification Request Date06/30/15 Decertification Date12/31/43 (26 Years of Increment) 2014/2015 Base Estimated Market Value$1,616,300 Original Net Tax Capacity$12,664 Assessment/Collection Year 2015/20162016/20172017/20182018/2019 Base Estimated Market Value$1,616,300$1,616,300$1,616,300$1,616,300 Estimated Increase in Value - New Construction0011,600,20011,842,300 Total Estimated Market Value1,616,3001,616,30013,216,50013,458,600 Total Net Tax Capacity$12,664$12,664$110,874$112,840 City of Maplewood46.353% Ramsey County58.922% ISD #62235.864% Other11.233% Local Tax Capacity Rate152.372%2014/2015 Fiscal Disparities Contribution From TIF District0.0000% Administrative Retainage Percent (maximum = 10%)10.00% Pooling Percent17.76% Present Value Date & Rate06/30/155.00%PV Amount$2,395,400 Notes Projections assume no future changes to classification rates and current tax rates remain constant. Projections are based on 50 Multi-Family units valued at $100,000/unit, 79 Senior Units valued at $95,000/unit Commercial Portion is based on 6,000sf building valued at $100 psf. Base value is based on tax capacity calculated on pro-rata basis per usage for each phase. Projecitons are based on a 2% market value inflator for each phase. Projections assume commencment of construction in 2015, with project completion in 2016, but a delay of first receipt to 2018 to coincide with full value. Multi-Family Projections are based on 40 units at 4D class rate, and 10 units at standard class rate. Senior Projections are based on 79 units at 4D class rate. SPRINGSTED Attachment 4 Exhibit VII Market Value Analysis Report City of Maplewood, Minnesota Tax Increment Financing (Redevelopment) District No. 1-13 Maplewood Bowl Redevelopment Project Combined Phases TIF Projections Assumptions Present Value Date06/30/15 P.V. Rate - Gross T.I.5.00% Increase in EMV With TIF District$19,354,736 Less: P.V of Gross Tax Increment2,395,400 Subtotal$16,959,336 Less: Increase in EMV Without TIF0 Difference$16,959,336 AnnualPresent Gross TaxValue @ Year Increment5.00% 0201700 12018149,643129,267 22019152,639125,576 32020155,694121,990 42021158,810118,506 52022161,988115,122 62023165,231111,835 72024168,538108,641 82025171,912105,539 92026175,352102,525 102027178,86199,596 112028182,44196,752 122029186,09293,989 132030189,81791,305 142031193,61488,697 152032197,48986,164 162033201,44183,703 172034205,47381,313 182035209,58578,990 192036213,77976,734 202037218,05674,542 212038222,42072,414 222039226,87170,345 232040231,41168,336 242041236,04166,384 252042240,76564,489 262043245,58262,646 $5,039,545$2,395,400 SPRINGSTED Attachment 5 RESOLUTION OF THE PLANNING COMMISSION FINDING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-13 CONFORM TO THE CITY PLANS FOR DEVELOPMENT OR REDEVELOPMENT OF THE CITY AS A WHOLE WHEREAS, the City of Maplewood, Minnesota (the "City"), has prepared a modification to the Development Program for Development District No. 1 (the "Development Program Modification") and a Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing (Economic Development) District No. 1-13 therein and has submitted the Development Program Modification and the TIF Plan to the City Planning Commission pursuant to Minnesota Statutes, Section 469.126 and Section 469.175, Subdivision 3, and WHEREAS, the Planning Commission has reviewed said Development Program Modification and TIF Plan to determine their conformity to the general plan for the development or redevelopment of the City as a whole; and WHEREAS, the Planning Commission is in agreement with the Development Program Modification and TIF Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that the proposed Development Program Modification and TIF Plan conform to the general plan for the development or redevelopment of the City as a whole and the Planning Commission recommends the Development Program Modification and TIF Plan to the City Council of the City of Maplewood for its approval. th Approved by the Planning Commission of the City of Maplewood, this 5day of May, 2015. _________________________________ Chair Planning Commission of the City of Maplewood 7047281v1