HomeMy WebLinkAbout11/21/2005
MAPLEWOOD PLANNING COMMISSION
Monday, November 21, 2005, 7:00 PM
City Hall Council Chambers
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
a. November 7,2005
5. Public Hearings
7:00 Easement Vacation - Legacy Village (west of Southlawn Drive, south of Legacy Parkway)
7:15 Tire View Estate Preliminary Plat (east of Highway 61 at new County Road D)
7:30 Regions Hospital Sleep Health Center (2688 Maplewood Drive)
Conditional Use Permit
Building Setback Variance
Zoning Map Change - R-1 (single dwellings) to M-1 (light manufacturing)
6. New Business
None
7. Unfinished Business
None
8. Visitor Presentations
9. Commission Presentations
November 14 Council Meeting: Mr. Yarwood?
November 28 Council Meeting: Mr. Trippler
December 12 Council Meeting: Mr. Pearson
December 26 Council Meeting: (None needed - cancelled)
10. Staff Presentations
a. Rescheduled 12-5-05 meeting - now will be on Wednesday 12-7-05
11. Adjoumment
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
MONDAY, NOVEMBER 7, 2005
I. CALL TO ORDER
Chairperson Fischer called the meeting to order at 7:00 p.m.
II. ROLL CALL
Commissioner Eric Ahlness
Vice-Chairperson Tushar Desai
Commissioner Mary Dierich
Chairperson Lorraine Fischer
Commissioner Michael Grover
Commissioner Jim Kaczrowski
Commissioner Gary Pearson
Commissioner Dale Trippler
Commissioner Jeremy Yarwood
Present
Present
Absent
Present
Absent
Present
Absent
Present
Present
Staff Present:
Ken Roberts, Planner
Lisa Kroll, Recording Secretary
III. APPROVAL OF AGENDA
Mr. Roberts had four additions to the agenda under Staff Presentations. After item A. add Item B.
Starting time for the November 21,2005, planning commission meeting, C. In-Fill Study Update
Handout, D. Election day reminder, E. World Town Planning Day Proclamation.
Commissioner Trippler moved to approve the agenda as amended.
Commissioner Yarwood seconded.
The motion passed.
IV. APPROVAL OF MINUTES
Ayes - Ahlness, Desai, Dierich, Fischer,
Kaczrowski, Trippler, Yarwood
Approval of the planning commission minutes for October 17, 2005.
Chairperson Fischer had a correction on page 12, in the sixth paragraph, first sentence, changing
the word verses to versus.
Commissioner Yarwood had a clarification on page 14, in the fifth paragraph, the last line,
changing the words development of the property to landscapinQ and screeninQ issues of the
property.
Planning Commission
Minutes of 11-08-05
-2-
Commissioner Ahlness had a clarification to the minutes on page 14, in the seventh paragraph,
second line, adding the word landscapinq in front of the word plan so it reads landscaping plan.
On page 16, in the first full paragraph, he would like the paragraph to reflect that granting
neighbors the ability to influence a project beyond the landscaping could possibly delay the
project and was unfair to the developer.
Commissioner Trippler moved to approve the planning commission minutes for October 17,2005,
as amended.
Commissioner Yarwood seconded.
Ayes - Ahlness, Desai, Dierich, Fischer,
Kaczrowski, Trippler, Yarwood
The motion passed.
V. PUBLIC HEARING
a. Easement Vacation - Lot 1, Block 1, Heritage Square Addition (North of Legacy
Parkway) (7:06 -7:11 p.m.)
Mr. Roberts said Kevin Clark, of Town & Country Homes, is requesting that the city council vacate
a small portion of a drainage and utility easement within the Heritage Square Townhomes
development. This easement portion measures four by ten feet in size. The reason for this
vacation request is because the front stoop of one of the town homes encroaches into this
easement.
Erin Laberee, the Maplewood Assistant City Engineer, reviewed this proposal and determined
that there is no reason to retain this easement portion. The balance of the easement will remain
in place and loss of this tiny part will have no effect on the remainder.
Commissioner Trippler asked why the stoop needed to be taken out of the easement area but the
patios did not need to be taken out of the easement area?
Mr. Roberts said it is city practice to allow driveways and at-grade improvements to be within an
easement that can easily be dug up and replaced. He also noted that when you have an actual
structure in an easement things are different.
Chairperson Fischer asked the applicant to address the commission.
Mr. Chris Call, Civil Engineer, Landform Engineering, 510 First Avenue North, North Building,
Suite 650, Minneapolis, addressed the commission. He had no questions or comments for the
planning commission. Everything was pretty straight forward in the staff report.
The planning commission had no questions or concerns for the applicant.
Chairperson Fischer asked if anyone in the audience wanted to come forward regarding this
public hearing. Nobody in the audience came forward to speak.
Chairperson Fischer closed the public hearing.
Planning Commission
Minutes of 11-08-05
-3-
Commissioner Trippler moved to adopt the resolution in the staff report vacating the unneeded
four by ten foot section of a drainage and utility easement within the Heritage Square Townhomes
development. Vacation is in the public interest since this portion of easement would serve no
public purpose.
Commissioner Kaczrowski seconded.
Ayes - Ahlness, Desai, Dierich, Fischer,
Kaczrowski, Trippler, Yarwood
The motion passed.
This item goes to the city council on November 28, 2005.
VI. NEW BUSINESS
None.
VII. UNFINISHED BUSINESS
None.
VIII. VISITOR PRESENTATIONS
None.
IX. COMMISSION PRESENTATIONS
a. Ms. Fischer was the planning commission representative at the October 24, 2005, city
council meeting.
The only planning commission item to discuss was the Ramsey County Public Library, 3025
Southlawn Drive for the Land Use Plan change and the PUD revision from BC (Business
Commercial) to L (Library), which passed ayes all.
b. Mr. Yarwood will be the planning commission representative at the November 14, 2005,
city council meeting.
Mr. Roberts asked Mr. Yarwood to contact him regarding the items to be discussed at the
November 14, 2005, city council meeting.
c. Mr. Grover was scheduled to be the planning commission representative at the
November 28,2005, city council meeting, however, he was absent from this evening's
meeting and Mr. Trippler volunteered to take his place.
The planning commission items to discuss include the Easement Vacation for Lot 1, Block 1,
Heritage Square Addition (North of Legacy Parkway), and the Maple Leaf Ridge Business
Center at 2483 and 2497 Maplewood Drive.
Planning Commission
Minutes of 11-08-05
-4-
d. Mr. Pearson will be the planning commission representative at the December 12, 2005,
city council meeting.
At this time staff is unsure what items will be discussed.
e. Mr. Trippler gave a brief update on the last Gladstone Task Force meeting.
The next Public Gladstone meeting will be on Thursday, December 1, 2005, at the
Maplewood Community Center, the starting time is unknown at this time. The next Gladstone
Task Force meeting is scheduled for Thursday, December 8,2005, from 6:30 to 8:30 p.m. at
city hall.
X. STAFF PRESENTATIONS
a. Just a reminder that the regular scheduled Monday, December 5, 2005, planning
commission meeting has been rescheduled for Wednesday, December 7,2005, because
of a city budget meeting.
b. Starting time for the Monday, November 21,2005, planning commission meeting.
Mr. Roberts said the planning commission meeting will begin at 6:00 p.m. to discuss the
update on the Gladstone Area prior to the regular 7:00 p.m. planning commission meeting
start time.
c. In-Fill Study Handout.
Mr. Roberts distributed a handout regarding the In-Fill Study that he would like all planning
commission members to review and bring any questions to him regarding the information in
the packet. This will be discussed at an upcoming planning commission meeting in the near
futu re.
d. Election Reminder.
Mr. Roberts reminded the planning commission members that Tuesday, November 8,2005, is
Election day and the voting booths will be open from 7:00 a.m. until 8:00 p.m.
e. World Town Planning Day Proclamation.
Mr. Roberts said that on October 24, 2005, the city council adopted a proclamation stating that
November 8,2005, would be World Town Planning Day.
XI. ADJOURNMENT
The meeting was adjourned at 7:40 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
DATE:
City Manager
Tom Ekstrand, Senior Planner
Easement Vacation Request-Ramsey County Library Site
Southlawn Drive, South of Legacy Parkway
November 2, 2005
INTRODUCTION
Jason Thomas, of the Hartford Group, is requesting that the city council vacate the
drainage and utility easements that lie on the proposed Ramsey County Library site in
Legacy Village. The library site is presently comprised of two lots which have 1 Q-foot-
wide drainage and utility easements along their common lot line. The total easement
width is 20 feet and runs from Southlawn Drive to the back lot line. Refer to the
attachments.
BACKGROUND
October 24, 2005: The city council approved a land use plan amendment from BC
(business commercial) to L (library). They also approved a PUD (planned unit
development) revision to allow the proposed library use.
Findings for Approval
To vacate an easement, the city council must find that it is in the public interest.
DISCUSSION
The city's engineering staff reviewed this proposal and determined that there is no
reason to retain these easements. They were dedicated with the platting of this properly
since they followed the common lot lines. This is a typical platting requirement for
subdivision approvals. There are no utilities within these easements.
Wrlh the potential development of the library on this site, there is no reason to retain
these easements. The city council should, however, require that the lots be combined
into one legally-described parcel since the site will be developed as one.
RECOMMENDA nON
Adopt the resolution in the staff report vacating the drainage and utility easements on the
proposed Ramsey County Library site at Legacy Village. Vacation is in the public
interest since these easements would serve no public purpose. As a condition of this
vacation, the applicant shall combine both lots into one legally-described properly before
obtaining a building permit.
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 4.7 acres
Existing Use: Undeveloped
SURROUNDING LAND USES
North: Legacy Parkway and Ashley Fumiture
South: Birch Run Station
East: South lawn Drive, the Maplewood Best Westem and the Maplewood Mall
West: The Legacy Village Sculpture Park
PLANNING
Land Use Plan: L (library)
Zoning: PUD
APPLICATION DATE
We received the complete application and plans for this proposal on October 24, 2005.
State law requires that the city take action within 60 days of receiving complete
applications. A decision on this request is required by December 23, 2005.
p:sec 3\Library Easement Vacation 11'05
Attachments:
1. Location Map
2. Library Conceptual Site Plan
3. Proposed Easement Vacation Detail
4. Applicant's Letter dated October 19, 2005
5. Easement Vacation Resolution
2
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Attachment 1
Location & Zoning Map
Proposed Ramsey County Library Site
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PROPOSED
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VACATION
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Attachment 4
HARTFORD
Real Estate Development. Architecture .Engineering. Financial Services
October 19,2005
Mr. Tom Ekstrand
City of Maple wood
1830 County Road B
Maplewood,~ 55109
VIA U.S. MAIL
Re: Submittal- Easement Vacl,ltion (Lots 1 and 2, Block 4)
Dear Mr. Ekstrand:
Enclosed please find Hartford Group, Inc.' s Public Vacation Application, requesting the vacation
of the ten (10) foot drainage and utility easements platted along the common property line
separating Lots I and 2, Block 4, Legacy Village of Maplewood, Ramsey County. These
drainage easements are indicated on the enclosed map. As you can see from the map and the
legal descriptions of the easements proposed for vacation, we are proposing to leave intact the 10
foot drainage and utility easement around the perimeter of both lots.
The application asks for a certified list of abutting property owners. I've attached the July 21,
2005, certified list from the Library's comprehensive plan and planned unit development
amendments; although we, and possibly the City, technically constitute the only affected
property owners. Therefore, I have not requested a new certified list.
Lastly, please find enclosed the fee of$603.00 ($583 application fee and $20.00 for recording).
If you need anything else, please let me know.
J on H. Thomas
f\ssociate General Counsel
Email: ithomas@hartfordgrp.com
Enclosure
HARTFORD GROUP, INC. . 12100 Singletree Lane, Suite 100. Eden Prairie, MN 55344-7933
(952) 746-1200' Telephone www.hartfordgrp.com (952) 746-1201 . Fax
6
Attachment 5
EASEMENT VACATION RESOLUTION
WHEREAS, Mr. Jason Thomas, of the Hartford Group, applied for the vacation of
a 2D-foot-wide drainage and utility easement on the proposed Ramsey County Library
site in Legacy Village. This easement is described as follows:
The South ten (10) feet of Lot 1, Block 4, Legacy Village of Maplewood;
LESS AND EXCEPT:
The West ten (10) feet of the South ten (10) feet of Lot 1, Block 4;
LESS AND EXCEPT:
The East ten (10) feet of the South ten (10) feet of Lot 1, Block 4.
The North ten (10) feet of Lot 2, Block 4, Legacy Village of Maplewood;
LESS AND EXCEPT:
The West ten (10) feet of the North ten (10) feet of Lot 2, Block 4;
LESS AND EXCEPT:
The East ten (10) feet of the North (10) feet of Lot 2, Block 4.
WHEREAS, on November 21, 2005, the planning commission held a public
hearing. The city staff published a notice in the Maplewood Review and sent a notice to
the abutting property owners. The planning commission gave everyone at the hearing a
chance to speak and present written statements. The planning commission also
considered reports and recommendations from the city staff. The planning commission
recommended that the city council this request.
WHEREAS, on . 2005, the city council this request after
considering the recommendations of staff and the planning commission.
WHEREAS, after the city approves this vacation, the public interest in the
property will go to the adjoining property.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described vacation because the vacation is in the public interest since these easements
would serve no public purpose. As a condition of this vacation, the applicant shall
combine both lots into one legally-described property before obtaining a building permit.
The Maplewood City Council adopted this resolution on
,2005.
7
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
DATE:
City Manager
Tom Ekstrand, Senior Planner
Preliminary and Final Plat for Tire View Estate
Highway 61 and County Road D Extension (the former Venburg lire Site)
November 4, 2005
INTRODUCTION
Chuck Ahl, the Maplewood Public Works Director, is requesting that the city council approve the
preliminary and final plat for the former Venburg lire property. The proposed plat is called lire
View Estate. The reason for submitting this subdivision for platting approval is to dedicate the
right-of-way for County Road D. This plat will not create any additional lots. Refer to the
attachments.
BACKGROUND
In 2004, the City of Maplewood purchased this property for the County Road D Extension street-
construction project. The city has a purchase agreement with Bruce Mogren, the abutting
property owner.
DISCUSSION
As stated above, this plat has not been submitted to create new lots. It is only needed to dedicate
the right-of-way for County Road D.
The city's consultant, Bob Burrell of URS, checked with the Ramsey County Surveyor and the
Minnesota Department of Transportation (MnDOT) for their comments about this plat. According
to Mr. Burrell in his attached letter, the plat has been prepared in accordance with Ramsey County
and MnDOT requirements. Approval of the plat should be subject to the requirements noted by
MnOOT in their attached letter.
RECOMMENDATION
Approve the lire View Estate preliminary and final plat as submitted. Approval is subject to the
conditions stated in the March 18, 2005, letter from MnDOT.
p:sec4\Tire View Plat 11'05
Attachmen1s:
1. Location Map
2. Tire View Eslate Plat Reduction
3. Letter from URS dated October 28, 2005
4. Letter from MnDOT dated March 18, 2005
5. Tire View Estate Plat date-stamped November 2, 2005 (separate attachment)
Attachment 1
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Attachment 3
URS
October 28, 2005
Mr. Tom Ekstrand
Senior Planner
City of Maplewood Community Development Department
1830 County Road B, East
Maplewood, MN 55109
RE: Preliminary and Final Plat of TIRE VIEW EST A TE
Dear Mr. Ekstrand:
As part of the extension of County Road D (City Project 02-07) to TH 61, the City of Maplewood acquired the
old Vendburg Tire property for road right-of-way. The north portion of the property will be reserved for the
roadway while the south portion will be available for redevelopment.
Enclosed are applications for a Preliminary and Final Plat to separate the needed road right-of-way from the rest
of the parcel. The proposed plat is titled TIRE VIEW ESTATES (TVE). We anticipate that the remaining
parcel will be sold to adjoining property owners and eventually redeveloped as part of a larger project. It is
probable that the future project will re-plat this parcel as part of the developments overall plat.
In March 2005. the TVE plat was submitted to MnlDOT for their review and comment. MNIDOT responded to
Ken Roberts of your office on March 18, 2005(a copy of this letter is enclosed). Also at this time, we submitted
the plat to the Ramsey County Surveyor's Office for their review and approval. The plat drawings that are
enclosed resolve the comments and issues raised by MnlDOT and Ramsey County. The plat includes the
following features:
1. The Right-of-way needed for County Road D is dedicated as road right-of-way
2. A lO-foot drainage and utility strip is included along the perimeter of LO T I, BLOCK I
Under a separate document, access will be restricted TH 61 and a portion of County Road D on Lot I of TVE.
We have prepared a right of access exhibit and a description that will be forwarded to the City Attorney for
preparation of the legal documents that are necessary for recording. This action was taken by a separate
document because access restrictions are not allowed to be dedicated on a plat in Ramsey County.
If you need additional information, please contact me at 612.373.6882.
S~B~
Bob Burrell, PLS
Staff Surveyor
Enclosures
cc: Chuck Ahl, City of Maplewood
Erin Laberee, City of Maplewood
Keith Dahl, URS
Karl Keel, URS
File 31809400.00201
Thresher Square. 700 Third Street South. Suite 600. Mil/I/eapolis. MN 554/5. Phol/e: (612) 370-0700. Fax: (6/2) 370-1378
4
Attachment 4
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Minnesota Department of Transportation
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Metropolitan Division
Waters Edge
1500 West County Road 82
Roseville, MN 55113
March 18, 2005
Mr. Ken Roberts
Maplewood Community Development
City of Maple wood
1830 Country Road BEast
Maplewood,MN 55109
SUBJECT:
Tire View Estates, Mn/DOT review # P05-026
Southeast Quadrant of TII 61 and County Road D
Maplewood, Ramsey County
Control Section # 6222
Dear Mr. Roberts:
The Minnesota Department of Transportation (MnIDOn has reviewed the above referenced plat
in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further
development, please address the following issues:
. MnlDOT Traffic and State Aid met with area representatives met with the City and their
consultants on February 11,2005. In this meeting, the City agreed that there would be no
access points on County Road D in the southeast quadrant until past the longest queue of
the westbound traffic at the TII 61 and County Road D intersection. Looking at the
Synchro model done by SEH and modifying the westbound approach from a combination
of right turn, a through, and dual lefts to a combination right turn, through/right, and dual
lefts, the overall westbound queue length drops from 2000 feet to 1150 feet. Therefore,
the first access on County Road D in the southeast quadrant of TII 61/County Road D
intersection should be 1200 feet to the east of the intersection. The westbound approach
of the intersection needs to have a shared through/right turn lane. Questions pertaining to
this issue can be directed to Nicole Rosen (651-634-2145), ofMnlDOT's Metro Traffic
section.
. A drainage permit may be needed. The proposed development will need to maintain
existing drainage rates (i.e., the rate at which storm water is discharged from the site must
not increase). Please provide a drainage area map and grading plans for the proposed
project showing existing and proposed drainage areas and directional flow arrows.
Hydraulic comps for both existing and proposed conditions will also be needed for the 2,
10, and 100 year events (24 hour event). Electronic .pdffiles of the plans and electronic
copies of the hydraulic modeling are preferred. These can be emailed to
scott.carlstrom(/V,dot.state.mn.us. Please direct questions concerning these issues to Scott
Carlstrom (651-634-2416) ofMnlDOT's Water Resources section.
. This plat does not contain any land ties, so MnlDOT's Surveys section cannot check the
location of the boundary line with respect to the right of way line. Recent survey field
data on the acquisition centerline & monumented right of way line for TII 61 is available
at the East Metro Survey office in Oakdale. Please contact Matt Weme!, MnlDOT
Surveys, at 651-779-5482, for more information.
5
.
As a reminder, County Road D is County Slale Aid Highway (CSAH) 19. Any work on
a CSAH route must meet State Aid rules and policies. The County must review any
changes to its CSAH system so that they stay within its system limitations. You may
obtain additional information regarding State Aid rules and policies in any of the
following ways:
~ htto:/Iwww.dot.state.mn.us/stateaidl shows or has links to the applicable fonus
and the Mn/DOT State Aid Manual.
}> Refer to the Mo/DOT State Aid Manual, Chapter 5-892.200 for information
regarding standards and policies.
}> Please go to http://www.revisor.1el!.state.mn.usIarulel88201 for information
regarding State Aid Operations Rules Chapter 8820.
~ For driveway standards, the designer is directed to refer to the Mn/DOT Road
Design Manual (English) Table 5-3.04A and Figure 5-3.04A for guidance and
policies. Please contact Jim Deeny in our State Aid section at 651-582-1389 with
any additional questions.
.
Any use of or work within or affecting MnlDOT right of way requires a permit. Pennit
fonus are available from MnlDOT's utility website at www.dot.state.mn.usItecsuo/utilitv.
Please direct any questions regarding permit requirements to Keith Van Wagner (651-
582-1443), or Buck Craig (651-582-1447) ofMnlDOT's Metro Pennits Section.
.
MnlDOT's policy is to assist local governments in promoting compatibility between land
use .and highways. Residential uses located adjacent to highways often result in
complaints about traffic noise. Traffic noise from this highway could exceed noise
standards established by the Minnesota Pollution Control Agency (MPCA), the U.S.
Department of Housing and Urban Development, and the U.S. Department of
Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for
taking all reasonable measures to prevent land use activities listed in the MPCA's Noise
Area Classification (NAC) where the establishment of the land use would result in
violations of established noise standards.
MnlDOT policy regarding development adjacent to existing highways prohibits the
expenditure of highway funds for noise mitigation measures in such areas. The proj ect
proposer should assess the noise situation and take the action deemed necessary to
minimize the impact of any highway noise. If you have any questions regarding
MnlDOT's noise policy please contact Peter Wasko in our Design section at 651-582-
1293.
Please send a copy of the final plat for Mn/DOT review to the following address:
Brad Canaday
MnlDOT - Metro East Surveys
3485 Hadley Ave. N.
Oakdale, Minnesota 55128
Phone: (651) 779-5007
M a reminder, please address all initial future correspondence for development activity such as
plats and site plans to:
6
Development Review Coordinator
MnlDOT - Metro Division
1500 West County Road B-2
Rosevil1e, Minnesota 55113
MnlDOT document submittal guidelines require three (3) complete copies of plats and two (2)
copies of other review documents including site plans. Failure to provide three (3) copies of a
plat and/or two (2) copies of other review documents will make a submittal incomplete and delay
MnlDOT's 30-day review and response process to development proposals. We appreciate your
anticipated cooperation in providing the necessary number of copies, as this will prevent us from
having to delay and/or return incomplete submittals.
As our request, please send an electronic .pdf file copy of your plan submittal for our record
keeping purposes to marv.iacksonCaldot.state.mn.us Please refer to MnlDOT Review # P05-026
when emailing the .pdf file. Thank you for your consideration in this matter. If you have any
questions, please feel free to cal1 me at 651-582-1724 or Tad Shennan at 651-582-1548.
Sincerely,
Mau;
Mary E. Jackson
Planner
Copy: David Claypool, Ramsey County Surveyors
Dan Soler, Ramsey County Traffic Engineer
URS Corp.
7
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
DATE:
City Manager
Tom Ekstrand, Senior Planner
Regions Sleep-Health Center
2688 Maplewood Drive
November 15, 2005
INTRODUCTION
Project Description
Pope Architects is proposing to build a 7,084-square-foot, one-story building at 2688 Maplewood
Drive. This building would be a sleep-health center for Regions Hospital. The proposed building
would have an exterior of brick, cement-board siding and asphalt shingles on a hip roof. Refer
to the attachments.
Requests
The applicant is requesting the following:
. A rezoning from R1 (single dwelling residential) to M1 (light manufacturing) for the back
of the lot which currently has residential zoning.
. A setback variance since the proposed building would be less than 50 feet from a
residential lot line. This applies only to the setback from the cabin property to the north.
The proposed building setback would be 30 feet. The building setback to other
residential neighbors would exceed the 50-foot minimum.
. A conditional use permit (CUP) for a reduced setback from residential property lines.
There are residential properties to the north, south and east. Some of the properties to
the north and south are developed residentially but are zoned M1. The code requires a
CUP for buildings in M1 districts that are closer than 350 feet to residentially-zoned
properties. The proposed building would be set back varying distances from these lot
lines at 55 feet, 67 feet and 122 feet.
. Approval of design plans.
DISCUSSION
Rezoning
The proposed rezoning to M1 would be in compliance with the comprehensive plan which
already designates this rear portion of the lot as M1. This proposal would also meet the
requirements for rezoning as outlined in the ordinance. It also makes sense that this property
has one zoning to enable its logical and sensible development. The existing split zoning would
hinder development by limiting the size of the site.
Setback Variance
City code requires that the proposed building be set back 50 feet from the northerly lot line
because of the neighboring cabins. This abutting properly, however, is presently planned and
zoned M1 for commercial or industrial use. This adjacent property is also for sale; therefore, its
continued use as residential is limited and likely to be short lived.
Staff supports the proposed 20-foot setback variance since it meets the findings required by
state law. Providing a 50-foot setback would cause the applicant undue hardship by requiring a
setback from a nonconforming use that is temporary and destined to be redeveloped with an M1
use. Approval of a variance would also be in keeping with the spirit and intent of the ordinance
since there would still be an ample 30-foot setback from the northerly lot line.
Conditional Use Permit
The proposed use is allowed under the M1 zoning code. The reason for this CUP request is
because the westerly building would be within 350 feet of residential properties. In this situation,
the ordinance requires a CUP so the city council may consider special precautions due to
possible impacts on the abutting residential property. The usual concerns are to consider
safeguards for issues like the potential for noise and any negative visual impacts.
Noise
Staff does not envision a problem with noise from this sleep center. This use should actually be
a very quiet neighbor. Staff questioned the applicant as to whether there would be any late-night
noise from cars and drivers in the parking lot. The applicant stated that this would not be a
problem. Patients would arrive in the early evening hours for preparation and then have their
sleep monitored throughout the night. There is no late night coming-and-going anticipated.
Visual Impacts
The proposed building would be attractive and would have a residential design. The only
concern staff might have is that there be adequate parking lot screening next to the abutting
residential properties.
Neiohbor Concerns
The replies from neighbors were concerns with traffic noise from area auto dealers, the loss of
trees and the potential for any late-night disturbances. Refer to the Citizen Comments section of
this report for all of the comments received.
Building Design
The proposed building would be attractive and is designed to be compatible with the nearby
residential homes in the area. The building materials would be no-maintenance materials and
are proposed to have a variety of tan and brown color tones with a subtle green siding material.
The applicant has given staff a color and material sample board to present at the meeting.
2
Site Considerations
Parkinq
The applicant would meet the commercial parking ratio of one parking space for each 200
square feet of floor area. This is the ratio applied to office, clinic and retail uses. The 36 spaces
proposed will meet code requirements for this sleep clinic.
Site Liqhtinq
The photometric plan meets light-intensity maximum requirements. The applicant should take
care to make sure that the rear parking lot light has a concealed lens and bulb. Staff also
recommends that this lighting fixture be as subdued as possible emitting no more than a typical
residential yard or wall light to prevent any possible complaint from residential neighbors.
Landscapinq
The proposed landscaping is attractive. Staff's only additional recommendations are that the
northlnortheast and the southlsoutheast sides of the rear parking lot have additional landscaping
to more fully screen this area from residential views. City code requires that parking lots be
screened with a visual buffer that is six feet tall and 80 percent opaque. The applicant has a
nice start at this. Staff recommends that the landscaping be increased to meet this requirement.
Trash
An outdoor trash enclosure is proposed. The design of this structure should be submitted to
staff for approval. The construction and materials should match the building.
City Department Comments
Fire Marshal
Butch Gervais, the Maplewood Fire Marshal, made several comments. Refer to the attached
report from Mr. Gervais.
Police
Lieutenant Kevin Rabbett reviewed this proposal and stated the following:
"I have no significant public safety concerns. I am somewhat concerned that the 24 hour
operation is so close to the residential area. I anticipate complaints of noise from arriving and
departing vehicles, doors slamming, etc. I would recommend that a noise-controlling fence or
earthen berm be considered to minimize this type of complaint."
3
Buildinq Official
Dave Fisher, Maplewood Building Official, reviewed this proposal. Refer to his report.
Citv Enqineer
The city's engineering staff is currently reviewing this proposal. They have not completed their
work review, but will do so for the planning commission meeting. Staff will present their
comments then.
The main issue will be to make sure that the proposed infiltration pond meets the city's criteria
for stormwater retention and water quality.
SUMMARY
Staff supports this proposal. This clinic would be an improvement to this site and the
neighborhood.
RECOMMENDATIONS
A. Adopt the resolution rezoning the back of 2688 Maplewood Drive from R1 (single
dwelling residential) to M1 (light manufacturing). This rezoning is based on the findings
required by code and also because the Maplewood Comprehensive Land Use Plan
already guides this property as M1.
B. Adopt the resolution approving a 20-foot setback variance allowing the proposed
Regions Sleep-Health Center to be constructed 30 feet from the northerly lot line.
Approval is because:
1. Providing a 50-foot setback would cause the applicant undue hardship by requiring a
setback from a nonconforming use that is temporary and destined to be redeveloped
with a complying, M1 use.
2. This variance would be in keeping with the spirit and intent of the ordinance since
there would still be an ample 30-foot setback from the northerly lot line.
C. Adopt the resolution approving a conditional use permit for 2688 Maplewood Drive for a
building in an M1 (light manufacturing) district that would be within 350 feet of residential
property. Approval is based on the findings required by ordinance and subject to the
following conditions:
1. All construction shall follow the site plan that the city has date-stamped October 27,
2005. The director of community development may approve minor changes.
2. The proposed construction must be substantially started, or the proposed use
utilized, within one year of council approval or the permit shall become null and void.
The council may extend this deadline for one year.
4
3. The city council shall review this permit in one year.
4. The parking lot lights for the rear parking lot must be of a style that has concealed
bulbs and lenses. This lighting must not give off more light than a typical residential
wall or yard light. Light-intensity maximums must meet code requirements.
5. Provide a revised parking lot screening plan for the rear parking lot that provides
screening that is at least six feet tall and 80 percent opaque on the north/northeast
and southlsoutheast sides.
D. Approve the plans date-stamped October 27,2005 for the proposed Regions Sleep-
Health Center at 2688 Maplewood Drive. Approval is subject to the applicant/developer
complying with the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Comply with any conditions of the city engineer regarding grading, drainage, erosion
control, shoreland ordinance compliance and utilities.
3. Obtain a permit from the RamseylWashington Metro Watershed District before the
issuance of a building permit.
4. Provide a revised parking lot screening plan for staff approval for the rear parking lot
that provides screening that is at least six feet tall and 80 percent opaque on the
north/northeast and southlsoutheast sides.
5. The applicant must provide an in-ground irrigation system as required by code. The
area around the pond does not need to be sprinklered.
6. The design of the trash enclosure shall be submitted to staff for approval. The
materials and colors of the enclosure shall match the building.
7. Provide cash escrow, in the amount of 150 percent of the cost of completing the
landscaping and exterior site improvements before the applicant shall obtain a
building permit.
8. The community design review board shall approve major changes to these plans.
Minor changes may be approved by staff.
5
CITIZEN COMMENTS
Staff surveyed the 68 surrounding property owners within 500 feet of the proposed site for their
opinions of this proposal. Of the 11 replies, four were in favor, two had no comment and five
were either opposed or gave miscellaneous comments
In Favor
1. As long as this Regions Center does not have ambulances coming to and from to disrupt
the residential area, I do not see a problem. (Binsfeld, 1268 County Road C)
2. As long as you don't cut the trees down at the end of my lot. I'm thinking you're not going
to be on my land, so I'm OK with it. (Novak, 2667 English Street)
3. I think it will be quieter and less disruptive than what is there now. (Buesing, 1247
Kohlman Avenue)
4. This proposal sounds just fine to me. (Berqual, 1270 Kohlman Avenue)
Opposed/Miscellaneous Comments
1. I'm more concerned about the traffic and sound of cars on the frontage road off of Duluth
with all the new car dealers building going on. The huge semi trucks are a nuisance
also. Continue to watch this concern. (Leonard, 2627 Duluth Street)
2. Concerned about hours. I don't understand if they will be open 12 hours or possibly 24 if
need be? (Peltier, 1236 Kohlman Avenue)
3. I would like six-foot-high privacy fence trees on your property cut down. (Pill, 1237
County Road C)
4. (1) I don't want my property value to decrease! (2) I don't want my taxes to go up. (3)
already don't like the increase in traffic on County Road C and now the frontage road
after you allowed the Audi development. So more traffic is not appealing. Finally, why
ask for residents' input when it doesn't do any good? (Bertelsen, 2631 Duluth Street)
6
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 1.55 acres
Existing Use: Timber & Turf Outdoor Services, Inc.
SURROUNDING LAND USES
North:
South:
East:
West:
Cabins on property zoned M1
North Star Auto Body and single dwellings
The back yards of residential properties
Single dwellings
PLANNING
Land Use Plan: M1
Zoning: M1 and R1
Code Reauirements
Section 44-637(b) requires a CUP for buildings in M1 districts that would be within 350 feet of a
residential district.
Findinas for CUP Approval
City code requires that to approve a CUP, the city council must base approval on the nine
required findings for approval. Refer to the attached resolution for a listing of these findings.
Findinas for Variance Approval
State law requires that the City Council make the following findings to approve a variance from
the zoning code:
1. Strict enforcement would cause undue hardship because of circumstances unique to the
property under consideration.
2. The variance would be in keeping with the spirit and intent of the ordinance.
"Undue hardship", as used in granting of a variance, means the property in question cannot be
put to a reasonable use if used under conditions allowed by the official controls. The plight of
the landowner is due to circumstances unique to his property, not created by the landowner, and
the variance, if granted, will not alter the essential character of the locality. Economic
considerations alone shall not constitute an undue hardship if reasonable use for the property
exists under the terms of the city code.
7
Findinas for Rezonina Approval
1. The proposed change is consistent with the spirit, purpose and intent of the zoning code.
2. The proposed change will not substantially injure or detract from the use of neighboring
property or from the character of the neighborhood, and that the use of the property
adjacent to the area included in the proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the community,
where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and
economical extension of public services and facilities, such as public water, sewers,
police and fire protection and schools.
APPLICATION DATE
We received the applications and plans for this proposal on October 27,2005. State law
requires that the city take action within 60 days of receiving complete applications. A decision
on this request is required by December 26, 2005.
p:sec4\Regions Sleep Center 11 '05
Attachments
1. Location and Zoning Map
2. Land Use Plan
3. Site and Landscaping Plan
4. Building Elevations
5. Rezoning Narrative dated October 17, 2005
6. Variance Statement dated October 17, 2005
7. Conditional Use Permit Narrative dated October 17. 2005
8. Building Official's Report dated October 31 , 2005
9. Fire Marshal's Report dated November 1. 2005
10. Rezoning Resolution
11. Variance Resolution
12. Conditional Use Permit Resolution
13. Pians date-stamped October 27,2005 (separate attachments)
8
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12
October 17, 2005
City of Maplewood
1830 County Road BEast
Maplewood, MN 55109
Re: Rezoning Board
Regions Hospital
Sleep Health Center
Maplewood, Minnesota
PAl Commission No. 26172-05130
On behalf of Frauenshuh Companies, Pope Associates is submitting for your review and
approval, the rezoning of Parcel A for the proposed Sleep Health Center building to be
located on a site of approximately 1.55 acres on Maplewood Drive, just north of County
Road C, Maplewood, MN
Rezoning Narrative
Parcel A will be purchased with Parcel B as part of a proposed outpatient clinic for Regions
Hospital. The proposed building is a new 7,084 SF, freestanding, single-story outpatient
clinic.
The zoning change will promote the public weifare by developing the Parcel A as part of a
new facility for Regions Hospital.
This zoning change will not injure or detract from the use of the neighboring property or
from the character of the neighborhood because the proposed develop on Parcel B is
allowed in M-1 Light Manufacturing standards.
The proposed facility will have sewer and water line connections with the utilities located
within the Maplewood Drive right-of-way. All storm water run-off will be handled with a rain
garden and retention pond, prior to flowing into the city system.
If you have questions please feel free to call me at 651-789-1618 or via e-mail at
iiohnson@.pooearch.com.
s
Project Manager
G:\75372\041 IOICORR\23-24\CitySite Plan submittall_7_05.doc
Attachment 5
POPE
ASSOCIATES
Architects
Interior Designers
1255 Energy Park Drive
St. Paul. MN 55108-5118
Phone: (651) 642-9200
Fax: (651) 642-1101
www.popearch.com
13
October 17, 2005
Revised - October 24, 2005
Planning Commission
City of Maplewood
1830 County Road BEast
Maplewood, MN 55109
Re: Zoning Code Variance
Regions Hospital
Sleep Health Center
Maplewood, Minnesota
PAl Commission No. 26172-05130
On behalf of Frauenshuh Companies, Pope Associates is submitting for your review and
approval, a zoning code variance for a proposed Sleep Health Center building to be
located on a site of approximately 1.55 acres on Maplewood Drive, just north of County
Road C, Maplewood, MN
Variance Statement
We are requesting a zoning variance from the city code requiring a 50 feet building
setback and 20 foot parking setback from abutting property that is used as
residential along the north side of the property. The proposed facility has a 28-foot
building setback and a 6-foot parking lot setback along the north property line. The
proposed building extends 21 feet into the 50-foot setback. The proposed parking
lot extends 14 feet into the 20-foot setback.
The proposed building is a new 7,084 SF, freestanding, single-story outpatient clinic with
parking for 36 spaces. We are requesting a Zoning Code Variance to comply with M-1
Light Manufacturing. A Zoning Code Variance has been requested based on the following
two reasons.
1. Strict enforcement of the City ordinance would cause building and parking
setbacks restricting the building size and parking count. The proposed property
and parcels Immediately north and south of the property are zoned for Light
Manufacturing (M-1). However, private residences exist on the parcels
Immediately north and south of the property, creating Residential Land Use
setbacks for building and parking.
2. The proposed variance would be in keeping with the spirit and intent of the
ordinance as set forth for development within a Light Manufacturing zone. It is
our understanding that this property and adjacent properties are to be developed
as M-1 Light Manufacturing and BC Business Commercial District.
Attachment 6
POPE
ASSOCIATES
Architects
Interior Designers
1255 Energy Park Drive
St. Paul, MN 55108-5118
Phone: (651) 642-9200
Fax: (651) 642-1101
www.popearch.com
14
If you have questions please feel free to call me at 651-789-1618 or via e-mail at
iiohnson@oooearch.com.
Sincerely,
~
John
Project Manager
G:\75372\04110\CORR\23-24\City Site Plan subrrittall_7 _ 05.00c
15
October 17, 2005
City of Maplewood
1830 County Road BEast
Maplewood, MN 55109
Re: Conditional Use Permit
Regions Hospital
Sleep Health Center
Maplewood, Minnesota
PAl Commission No. 62335-05130
On behalf of Frauenshuh Companies, Pope Associates is submitting for your review and
approval, the application for a Conditional Use Permit for the proposed Sleep Health
Center building to be located on a site of approximately 1.55 acres on Maplewood Drive,
just north of County Road C, Maplewood, MN
Conditional Use Permit Narrative
We are requesting a Conditional Use Permit because the proposed building would be
closer than 350 feet to a residential district.
The intended use of the property is an outpatient Sleep Health Center clinic for Regions
Hospital. The facility will be a 7,000 sq. ft. single story building with 36 parking stalls. The
facility includes 12 patient rooms, 2 exam rooms and supporting office and service spaces.
Patients will be monitored while they sleep to diagnose sleep disorders. The patient's
typical visit to the clinic will be about 12 hours; some may stay as long as 24 hours.
The proposed facility would be located, designed, maintained, constructed and operated to
conform to the city's M-1 Ught Manufacturing zone. It's use and design would be
consistent with the existing character of the adjacent commercial facilities. It is not
expected to depreciate property values for this site or any adjacent site. The proposed
landscaping will create visual enhancement of the site, also providing required screening
from adjacent residential usage properties.
The proposed facility would re-develop the site to include a new building, parking area,
landscaping and stormwater filtration/retention system. The facility will be full sprinklered
and connected via a fire alarm to local fire departments. The facility will be operational 24
hours a day for 6 days a week. All doors will be locked for off-hours, and fitted with security
system for safety.
The use of the proposed facility would generate minimal vehicular traffic on local streets.
The drive entrance would be located near the existing drive entrance, not creating vehicular
congestion anywhere eise along the right-of-way.
Attachment 7
POPE
ASSOCIATES
Architects
Interior Designers
1255 Energy Park Drive
St. Paul, MN 55108-5118
Phone: (651) 642-9200
Fax: (651) 642-1101
www.popearch.com
16
If you have questions please feel free to call me at 651-789-1618 or via e-mail at
iiohnsonl1iloooearch.com.
SINe
. Johnson AlA
Project Manager
G:\7:5372\0411O\CORR\23-24\CitySite Plan 5IJbmittall_7_05.doc
17
Attachment 8
Memo
To: Tom Ekstrand, Senior Planner
From: David Fisher, Building Official
~
Re: Regions Hospital The Sleep Health Center, Proposed
Building
October 31,2005
A complete building code analysis will be required when
plans are submitted for permit.
The building is required to be fire sprinklered and to meet
NFPA 13.
Separate male and female restrooms will be required on
each floor.
The new building must be built to meet 2000 IBC, Minnesota
State Building Code and the Minnesota State Energy Code.
I would recommend a pre-construction meeting with the
building department.
18
Attachment 9
Plan Review Comments
Date:
Project:
Planner:
Reviewed by:
11/l/2005
Regions Sleep Center
Tom Ekstrand
Butch Gervais, Fire Marshal
Comments:
1. Need 20 ft emergency access road
2. Fire Protection System pre-codes and monitored
3. Proper marking of door where fire protection system is located
4. Fire Alarm System pre-code (NFPA 72) which requires mini sounders and strobes
in all sleep areas
5. Floor Plan required at main entrance
19
Attachment 10
RESOLUTION: ZONING MAP CHANGE
WHEREAS, Pope Associates applied for a change in the zoning map from R1 (single
dwelling residential) to M1 (light manufacturing).
WHEREAS, this change applies to the property at 2688 Maplewood Drive.
The legal description is:
Back portion of the parcel (Parcel A):
The South 189.50 feet Lot 6, Kohlman's Lakeview Addition, as measured at a right angle to the
South line of said Lot 6, according to the recorded plat thereof on file and of record in the office
of the County Recorder Ramsey County, Minnesota.
Front portion of the parcel (Parcel B):
Commencing at a point on the West line of Lot 6, Kohlman's Lakeview Addition, and 200 feet
South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of
Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear
Road known as Highway Number One; thence Southwesterly along the Southeasterly side of
said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on
a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West
line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning,
Ramsey County, Minnesota.
Abstract Property (Parcel A)
Torrens Property (Parcel B)
Torrens Certificate No. 530624
WHEREAS, the history of this change is as follows:
1. On November 21,2005, the planning commission held a public hearing to
consider this rezoning. The city staff published a notice in the Maplewood
Review and sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing an opportunity to speak and present
written statements. The planning commission recommended that the City Council
the change.
2. On , 2005, the city council reviewed this rezoning and the
change. The Council also considered reports and recommendations from the city
staff and planning commission.
20
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the
zoning code.
2. The proposed change will not substantially injure or detract from the use of
neighboring properly or from the character of the neighborhood, and that the use
of the properly adjacent to the area included in the proposed change or plan is
adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient,
and economical extension of public services and facilities, such as public water,
sewers, police and fire protection and schools.
5. The Maplewood Comprehensive Plan already designates this properly for M1.
The Maplewood City Council approved this resolution on
,2005.
21
Attachment 11
VARIANCE RESOLUTION
WHEREAS, Pope Associates has applied for a variance from the zoning ordinance.
WHEREAS, this variance applies to 2688 Maplewood Drive. The legal description for
the portion of the subject lot to be rezoned (Parcel A) is:
Back portion of the parcel (Parcel A):
The South 189.50 feet Lot 6, Kohlman's Lakeview Addition, as measured at a right angle to the
South line of said Lot 6, according to the recorded plat thereof on file and of record in the office
of the County Recorder Ramsey County, Minnesota.
Front portion of the parcel (Parcel B):
Commencing at a point on the West line of Lot 6, Kohlman's Lakeview Addition, and 200 feet
South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of
Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear
Road known as Highway Number One; thence Southwesterly along the Southeasterly side of
said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on
a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West
line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning,
Ramsey County, Minnesota.
Abstract Property (Parcel A)
Torrens Property (Parcel B)
Torrens Certificate No. 530624
WHEREAS, Section 44-20( c)(6)(b) of the Maplewood Code of Ordinances requires that
commercial buildings be set back at least 50 feet from a residential lot line.
WHEREAS, the applicant is proposing to construct a commercial building with a 30-foot
setback from a residential lot line.
WHEREAS, this requires a variance of 20 feet.
WHEREAS, the history of this variance is as follows:
1. On November 21,2005, the planning commission recommended that the city
council this variance. The planning commission held a public
hearing. City staff published a notice in the Maplewood Review and sent notices
to the surrounding property owners as required by law. The planning commission
gave everyone at the hearing an opportunity to speak and present written
statements.
22
2. The city council reviewed this request on ,2005. The council
considered reports and recommendations from the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described variance for the following reasons:
1. Providing a 50-foot setback would cause the applicant undue hardship by
requiring a setback from a nonconforming use that is temporary and destined to
be redeveloped with a complying, M1 use.
2. This variance would be in keeping with the spirit and intent of the ordinance since
there would still be an ample 30-foot setback from the northerly lot line.
Adopted on
,2005.
23
Attachment 12
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Pope Associates applied for a conditional use permit to construct a
commercial building within 350 feet of residentially-zoned property. The proposed building
would be set back varying distances from abutting residential lot lines at distances of 55 feet,
67 feet and 122 feet.
WHEREAS, this permit applies to 2688 Maplewood Drive. The legal description is:
Back portion of the parcel (Parcel A):
The South 189.50 feet Lot 6, Kohlman's Lakeview Addition, as measured at a right angle to the
South line of said Lot 6, according to the recorded plat thereof on file and of record in the office
of the County Recorder Ramsey County, Minnesota.
Front portion of the parcel (Parcel B):
Commencing at a point on the West line of Lot 6, Kohlman's Lakeview Addition, and 200 feet
South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of
Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear
Road known as Highway Number One; thence Southwesterly along the Southeasterly side of
said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on
a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West
line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning,
Ramsey County, Minnesota.
Abstract Properly (Parcel A)
Torrens Property (Parcel B)
Torrens Certificate No. 530624
WHEREAS, the history of this conditional use permit is as follows:
1. On November 21, 2005, the planning commission recommended that the city
council this permit. The planning commission held a public
hearing. City staff published a notice in the paper and sent notices to the
surrounding properly owners as required by law. The planning commission gave
everyone at the hearing a chance to speak and present written statements.
2. The city council reviewed this request on ,2005. The council
considered reports and recommendations of the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described conditional use permit because:
24
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.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan that the city has date-stamped October 27,
2005. The director of community development may approve minor changes.
2. The proposed construction must be substantially started, or the proposed use
utilized, within one year of council approval or the permit shall become null and void.
The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The parking lot lights for the rear parking lot must be of a style that has concealed
bulbs and lenses. This lighting must not give off more light than a typical residential
wall or yard light. Light-intensity maximums must meet code requirements.
5. Provide a revised parking lot screening plan for the rear parking lot that provides
screening that Is at least six feet tall and 80 percent opaque on the northlnortheast
and south/southeast sides.
The Maplewood City Council approved this resolution on
,2005.
25