HomeMy WebLinkAbout2018-05-15 PC Packet
AGENDA
CITY OF MAPLEWOOD
PLANNING COMMISSION
Tuesday,May 15, 2018
7:00PM
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.April 17, 2018
5.Public Hearing
a.7:00 p.m. or later: Conditional Use Permit Revision, Beaver Lake Church, 2280 Stillwater
Avenue East
b.7:00 p.m. or later: Conditional Use Permit, Family Auto Sales, 1065 Highway 36 East
c.7:00 p.m. or later: Comprehensive Plan Amendment and Rezoning, SVK Development, LLC,
2135 Larpenteur Avenue
d.7:00 p.m. or later: Comprehensive Plan Amendment, Rezoning, Variance, Conditional Use
Permitand Lot Division, Mercedes Benz –Morrie’s Automotive Group,2780 Maplewood Drive
e.7:00 p.m. or later: Urban Agriculture Ordinance Amendments
6.New Business
a.Rush Line Working Group (No Report)
7.Unfinished Business
8.Visitor Presentations
9.Commission Presentations
a.May 29, 2018 city council meeting (Commissioner Ige)
Conditional Use Permit, Beaver Lake Church, 2280 Stillwater Avenue East
Comprehensive Plan Amendment and Rezoning, SVK Development, LLC, 2135 Larpenteur
Avenue
Comprehensive Plan Amendment, Rezoning, Variance, Conditional Use Permit and Lot
Division, Mercedes Benz –Morrie’s Automotive Group, 2780 Maplewood Drive
b.June 11, 2018 city council meeting (Commissioner Eads)
Conditional Use Permit, Family Auto Sales, 1065 Highway 36 East
Urban Agriculture Ordinance Amendments
10.Staff Presentations
11.Adjournment
MINUTESOF THE MAPLEWOOD PLANNING COMMISSION
MAPLEWOOD FIRE STATION 2, CONFERENCE ROOM
1955 CLARENCE STREET NORTH, MAPLEWOOD, MINNESOTA
TUESDAY, APRIL 17,2018
7:00 P.M.
1.CALL TO ORDER
A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order
at 7:00p.m.by Chairperson Arbuckle.
2.ROLL CALL
Paul Arbuckle, ChairpersonPresent
Frederick Dahm, CommissionerPresent
Tushar Desai,CommissionerPresent
John Donofrio, CommissionerPresent
John Eads, CommissionerPresent
Allan Ige, CommissionerAbsent
Bill Kempe, CommissionerPresent
Staff Present:Michael Martin,Economic Development Coordinator
3.APPROVAL OF AGENDA
Staff added item 10. A.2030 Comp Plan Amendments and Chairperson Paul Arbuckle added 6.
a. Promoting Maplewood.
CommissionerKempemoved to approve the agenda as amended.
Seconded by CommissionerDonofrio.Ayes –All
The motion passed.
4.APPROVAL OF MINUTES
CommissionerKempemoved to approve theMarch 20,2018, PCminutes as submitted.
Seconded by CommissionerDesai.Ayes –All
The motion passed.
5.PUBLIC HEARING
a.7:00 p.m. or later: Consider Approval of Conditional Use Permit Revisionfor St Paul
Regional Water Services Lime Sludge Storage Tank, 1900 Rice Street
i.Economic Development Coordinator, Michael Martin gave the report on the Consideration
of Approval of Conditional Use Permit Revision for St. Paul Regional Water Services Lime
Sludge Storage Tank, 1900 Street and answered questions of the commission.
ii.KouVang,St Paul Regional Water Services, 1900 Rice Street, addressed and answered
questions of the commission.
Chairperson Arbuckle opened the public hearing.
April 17, 2018
1
Planning CommissionMeetingMinutes
Nobody came forward to address the commission.
Chairperson Arbuckle closed the public hearing.
Commissioner Kempemoved to approvea Conditional Use Permit for St Paul Regional Water
Services Lime Sludge Storage Tank, 1900 Rice Street.
1.All construction shall follow the site plan date-stamped February 16, 2018, approved by the
city. Staff may approve minor changes.
2.The proposed use must be substantially started within one year of council approval or the
permit shall become null and void. The city council may extend this deadline for one year.
3.The applicant shall obtain a grading permit for the project.
4.The applicant shall obtain a building permit for the project.
5.The applicant shall comply with the conditions noted in the environmental report by Shann
Finwall dated April 9, 2018.
6.The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150
percent of the cost of installing the landscaping before getting a building permit.
Seconded by CommissionerDesai..Ayes -All
The motion passed.
This item goes to the city council on April 23, 2018.
6.NEW BUSINESS
a.Promoting Maplewood–Chairperson Arbuckle said he was at a rest stop and saw a
brochure promoting cities such as Stillwater and Chair Arbuckle asked if Maplewood has ever
looked into a brochure promoting Maplewood. Staff said he would pass that along to the city
manager.
b.UNFINISHEDBUSINESS
None.
c.VISITOR PRESENTATIONS
None.
9.COMMISSION PRESENTATIONS
a.April 8, 2018 city council meeting(Commissioner Dahm)
•Draft 2040 Comprehensive Planwas approved by the city council.
b.April 23, 2018 city council meeting(Commissioner Donofrio)
•Conditional Use Permit Revision, St Paul Regional Water Services Lime Sludge Storage
Tank, 1900 Rice Street
April 17, 2018
2
Planning CommissionMeetingMinutes
10.STAFFPRESENTATIONS
a.2030 Comp Plan Amendments–Staff said there is one project that has been applied for
and one additional project that may also apply for amendments to the 2030 Comprehensive
Plan. After June 30, 2018 the Met Council will not entertain any amendments to the 2030
ComprehensivePlan.
11.ADJOURNMENT
Chairperson Arbuckleadjourned the meeting at 7:27p.m.
April 17, 2018
3
Planning CommissionMeetingMinutes
PLANNING COMMISSIONSTAFF REPORT
Meeting Date May 15, 2018
Melinda Coleman, City Manager
REPORT TO:
REPORT FROM:Michael Martin, AICP, Economic Development Coordinator
PRESENTOR:Michael Martin, AICP, Economic Development Coordinator
Conditional Use Permit Revision,Beaver Lake Church, 2280 Stillwater
AGENDA ITEM:
Avenue East
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The applicant is requesting city approval of a CUP revision to allow the maximum number of
children on-site as regulated by the day care provider’s valid State of Minnesota license.
Recommended Motion:
I move to approve theconditional use permit revision resolution. This conditional use permit allows
a day care or preschool to operate within the buildinglocated at 2280 Stillwater Avenue East.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of ReservesOther:n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The city deemed the applicant’s application complete on April 26, 2018. The initial 60-day review
deadline fora decision is June 25, 2018. As stated in Minnesota State Statute 15.99, the city is
allowed to take an additional 60 days if necessary to complete the review.
Background
Beaver Lake Church, on behalf of Cori Huisenga the owner of Cori’s Kidz Childcare, is requesting
approval for a conditional use permit (CUP) revision to increase the number of children allowed to
be onsite. City code requires the city council to approve a conditional use permit for day cares
located in a zoning district that does not outright permit the use.
Discussion
Conditional Use Permit
The applicant approached staff with a request to increase the number of children allowed at the day
care facility located within Beaver Lake Church. The use of the space within the church for either a
preschool or day care was approved in 1985 and since that time there have been no concerns or
issues with this use.
Since the use was established more than 30 years ago and the city’s health officer confirmed there
are issues with the current provider staff feels comfortable with the city not regulatingthe specific
number of children on site. This then requires the day care provider to meet and adhere to any
requirements under the valid state license. The state handles inspections of all day care facilities
and will ensure compliance with maximum occupancy as allowed by the license issued for this site.
Department Comments
Engineering
Staff engineer Jon Jarosch reviewed this project and stated since there are no exterior
improvements he would have no comment
Building Official, Jason Brash
Applicant must meet all Minnesota State Building Code requirements.
Health Officer, Molly Wellens
The current operator does a really good job –the city does not have any outstanding violations.
Commission Review
Planning Commission
May 15, 2018: The planning commission will hold a public hearing and review this project.
Citizen Comments
Staff surveyed the 108 surrounding property owners within 500 feet of the proposed site for their
opinion about this proposal. Staff received nine responses –all in support of the project.
In favor
1.I would like to begin by thanking you for allowing District 2 to voice an opinion on the
proposed revision of conditional use permit. To date, District 2 has not received any
complaint or concern regarding the property at 2280 Stillwater nor about the business Coris
Kidz Childcare.
We appreciate that the proposal by Ms. Huisenga to revise her conditional use permit would
not only allow for additional children served but also bring her within compliance of state
code. There is a dramatic need for affordable, safe childcare in our area and we believe this
revision would be an asset not only to the business, but also to the neighborhood. District 2
has no objections to this proposal. (Lisa Theis, Saint Paul District 2 Community Council)
2.I believe this is a positive move for the church and the daycare serving our community. My
support is 100 percent for the passing of the permit revision. (Joanne Reinke, 2333 Olivia
Court East)
3.Thank you for including the neighborhood in this decision. Our family is on boardwith the
project and just ask that childcare traffic be mindful of speed limits and the large amount of
foot traffic and recreation on Case Avenue, Stillwater and McKnight. (Karri and Geoffrey
Bitner, 2280 Case Avenue East)
4.I think the child care business is very good for the neighborhood and welcome her
expansion. (Norman and Mary Olson, 946 McKnight Road North)
5.I am not opposed as long as they have proper oversight of that many children. (Mary and
Jerry Amos, 879 Lake Street)
6.Fine with us. (James and Shirley Merkling, 875 Lake Street)
7.I have no objections as long as they have enough staff to properly care for the additional
children. (Mary Seemann and Cathy David, 874 Lake Street)
8.I don’t see any reason not to. The proposal makes sense to me. It would be nice to see
lower speed limits on Stillwater and Lakewood. There seems to be an accident every couple
of weeks at the intersection of Stillwater and McKnight/Lakewood. (Craig Herrmann, 2357
Case Avenue East)
9.As a member of the community and Beaver Lake Lutheran Church, we see the granting of
this conditional use permit as meeting a need of the neighborhood and aiding BLLC in
providing a safe, facility for the use of the day care center. (John and Virginia Thon, 2331
Olivia Court East)
Reference Information
Site Description
Site Size:8.01 acres
Existing Land Use: Church
Surrounding Land Uses
North: Single family dwellings and water tower
South: Single family dwellings and town house dwellings
East:Multi-family buildings
West:Single family dwellings
Planning
Existing Land Use:Institution (I)
Existing Zoning:Single Dwelling (R1)
Past Actions
December 5, 1985: the city council approved a CUP allowing up to 40 kids be onsite within the day.
Attachments
1.Conditional Use Permit Resolution
2.Overview Map
3.Applicant’s Letter
Attachment 1
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Beaver Lake Church, on behalf of Cori Huisenga the owner of Cori’s Kidz
Childcare has applied for a conditional use permit revision to operate a day care facility at 2280
Stillwater Avenue East.
WHEREAS, conditional use permits are required for day care facilities and can be located
within any zoning district within the city.
WHEREAS, this permit applies to the site at 2280 Stillwater Avenue East. The legal
description is:
Tract A, Registered Land Survey No. 21 Tract A, Registered Land Survey No. 137 Torrens
Property, Cert. No. 264833, Ramsey County, Minnesota
WHEREAS, the history of this conditional use permit is as follows:
1.On May 15, 2018, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council _____the conditional use permit.
2.On May 29, 2018, the city council discussed the 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, 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 not exceed the design standards of any affected street.
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.
Attachment 1
8.The use would maximize the preservation of andincorporate 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 (additions are underlined and deletions are crossed
out:
1.Beaver Lake Lutheran Church to offer a preschool program for one year, consisting of two
sessions of twenty children each and if no unresolved nuisance conditions exist at the end
of the year, Council may renew the permit.
1.This permit shall be subject to review after one year from the date of approval, based on the
procedures in City Code.
2.The owner/operator acquiring all necessary approvals and licenses from the state of
Minnesota to operate the day care facility or preschool facility.
3.The day care center or preschool facility be maintained and operated in such a manner as to
not create any nuisances for nearby properties.
4.A building permit shall be submitted for review and approval by the Building Official, prior to
any construction activities on the subject property.
5.Any change of use to the building shall be submitted to the City Planner and Building Official
for approval.
The Maplewood City Council __________ this resolution on May 29, 2018.
Attachment 2
2280 Stillwater Avenue East
April 18, 2018
City of Maplewood
Legend
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Source: City of Maplewood, Ramsey County
Attachment 3
PLANNING COMMISSION STAFF REPORT
Meeting Date May 15, 2018
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Shann Finwall, AICP, Environmental Planner
PRESENTOR:Shann Finwall, AICP, Environmental Planner
AGENDA ITEM:
Conditional Use Permitand Variance, Family Auto Sales, 1065 Highway 36
East
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Antonio Martinez, owner of Family Auto Sales, is requesting City approval of a conditional use
permit to sell used motor vehicles in the Light Manufacturing (M-1) zoning district and a variance to
allow for the use closer than 350 feet to property the City is planning for residential.
Recommended Motion:
I move to approve the conditional use permit and variance resolutions for 1065 Highway 36.The
resolutions approve a conditional use permit to sell up to nine used motor vehicles and a variance
to allow the use closer than 350 feet to property the City is planning for residential.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is enter amount or $0.00.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
Application Date
The CMarch 30, 2018. Minnesota State
Statute 15.99 requires that the City process the applications within 60 days of a complete
application, with an additional 60 days allowed if extensions are needed. The City has extended
the 60-day deadline to June 11, 2018, to allow time to process the application.
Background
Antonio Martinez of Family Auto Sales is proposing to open a used motor vehicle sales lot at 1065
Highway 36 East. The proposal includes using nine of the existing parking stalls on the front
(south) parking lot for the sale of used motor vehicles and adding a detail bay and office space in
the interior of the building.
Requests
To sell used motor vehicles on the lot, the applicant is requesting that the City Council approve the
following:
A. Conditional use permit (CUP) to sell used motor vehicles in the Light Manufacturing (M-1)
zoning district.
B. Variance to allow for the sale of used motor vehicles closer than 350 feet to property the
City is planning for residential.
Discussion
Existing Use
The existing commercial building has two tenants, Garden Fresh Farms and a bakery. The owner
of the building, Dave Roeser of Garden Fresh Farms, willlease space to Family Auto Sales. All
three tenants willhave separate tenant space in the building and shared parking on the north and
south parking lots.
Used Motor Vehicle Sales
City code requires that used motor vehicle sales be located 350 feet to property the city is planning
for residential. For the Family Auto Sales proposal, the closest property the city is planning for
residential (zoned and guided residential) is located to the northwest at 2415 Cypress Street, which
is 227 feet away. There is a single family house located to the north at 1041 Gervais Avenue that is
zoned and guided as Light Manufacturing. This property is 130 feet from 1065 Highway 36.
Whitaker Used Motors
Whitaker Used Motors is located to the east at 1081 Highway 36. In 2014, Whitaker received
approval of a CUP and variance to sell used motor vehicles closer than 350 feet to property the city
is planning for residential. They store most of their vehicles indoors, and are limited to ten used
motor vehicles on their south parking lot.
Auto Family Sales
Vehicle Sales
Auto Family Sales proposes to use the south parking lot to sell nine used motor vehicles. The
hours of operation for motor vehicle sales will be Monday through Saturday 9 a.m. to 6 p.m.
The sales office will be located on the south side of the building. To meet accessibility
requirements the customer entrance to the office will be located on the north side of the building.
There will also be a second entrance on the south side of the building, up an exterior flight of stairs.
Garage Bay
The applicants are proposing to use the existing garage bay on the north side of the building for
detailing of vehicles. Detailing includes exterior and interior cleaning, waxing, windshield repair,
and minor repairs for inventory vehicles. The property owner at 1041 Gervais Avenue has
expressed concern about the location of the bay and noise nuisances to his residential home. As a
condition of the CUP, the applicant will be required to keep the garage bay doors closed when in
use.
Parking
City code requires one parking space for every two employees in a warehouse/manufacturing
space and one parking space for every 200 square feet of office/retail space. The property, with the
three tenants, would be required to have 20 parking spaces. There are 29 parking spaces on site,
leaving nine parking spaces available for used motor vehicle sales.
Dave Roeser owns a vacant lot across Gervais Avenue. That lot contains a pre-existing,
nonconforming gravel parking lot which adjacent a wetland. The parking calculations do not include
that parking lot, as it is a separate lot and will not be included in the CUP and variance approval.
No vehicles associated with Family Auto Sales will be parked on that lot. Mr. Roeser is proposing
an expansion of that lot in the future, which will require a CUP to expand a nonconforming parking
lot.
Lighting
The applicant is proposing to install two new LED wall pack lights on the north side of the building
and one LED wall pack and one LED freestanding light on the south side of the building. The
property owner at 1041 Gervais Avenue has expressed concern about the lighting on the north side
of the building. He indicates that Whitaker Used Motors located directly across from his property
turns off their exterior lights at 8 p.m. He recommends the Family Auto Sale lights also be turned
off at that time. This is a reasonable request, especially considering Family Auto Sales will only be
open until 6 p.m.
Conditional Use Permit
City code requires that a CUP meet the following standards:
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,
Attachment 4
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.
Only nine used motor vehicles will be parked on the south parking lot. The south parking lot is
adjacent Highway 36, on the opposite side of any residential properties. As such, staff finds that
the use would meet the CUP standards.
Variance
City code requires used motor vehicles to be located 350 feet from a property the city is planning for
residential. The northwest corner of the property is located 227feet away from 2415 Cypress
Street, which is zoned and guided residential.The used motor vehicle sales will take place on the
south parking lot, which is located 340 feet plus from the residential property. The parking lot is not
visible from the residential property.
State law requires that variances shall only be permitted when they are found to be:
1. In harmony with the general purposes and intent of the official control;
2. Consistent with the comprehensive plan;
3.
ner proposes to use the property in a reasonable
manner not permitted by an official control. The plight of the landowner is due to
circumstances unique to the property not created by the landowner and the variance, if
granted, will not alter the essential character of the locality.
The proposed variance would be in harmony with the intent of the ordinance. The 350 foot
separation from residential property is required to buffer used motor vehicle sales activities from
residents. In this case, the property is located closer than 350 feet, but the sale of the vehicles
would be located on the opposite side of the building at least 340 feet from property the city is
planning for residential.
The use would also be consistent with the comprehensive plan since it is classified commercial and
used motor vehicle sales are a commercial activity.
The applicant describes a practical difficulty in his narrative which states that the residential
properties will not have sight of the used motor vehicles sales on the south because of the elevation
of the parking lot being 10 to 20 feet lower than the floor level of the building.
Commission Review
Planning Commission
May 15, 2018: The planning commission will hold a public hearing and review this project.
Department Comments
Jason Brash, Building Official, states that there will be challenging conditions for meeting the
accessibility code. The applicant will be required to submit the following:
1. Two sets of signed, stamped, rolled plans and a digital PDF with the building permit
application.
2. All commercial building contractors doing work in Maplewood must be licensed by the City of
Maplewood.
3. All plumbing, heating, gas, excavating, sewer, masonry, etc. contractors must be licensed by
the City of Maplewood.
4. Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing
Code, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, and 2015 Minnesota
Building Code.
5. Bathrooms shall meet 2015 MN Accessibility requirements.
6. Add an accessible stall on the south parking lot. An accessible aisle is marked on the plans,
but the adjacent parking stall needs to be identified.
7. The Department of Agriculture regulates the bakery in this building. Verify that they have no
concerns or issues with this adjacent tenant buildout.
8. Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code
Chapter 1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to
obtain compliance is not an option. The following forms must be completed as submittals.
a. ASHRAE 90.1-2010 Building Envelope Compliance Documentation
b. ASHRAE 90.1-2010 HVAC Compliance Documentation
c. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation
d. ASHRAE 90.1-2010 Lighting Compliance Documentation
9. Special inspections required per 2012 IBC Chapter 17. Complete supporting special
inspection schedule document and submit with application.
10. Submit plans to the Metropolitan Council for SAC determination. Confirm all plans with the
City of Maplewood Engineering Department.
11. Plumbing plans shall be submitted to the State Health Department for approval prior to the
issuance of a plumbing permit. Approval shall be submitted to Maplewood. Maplewood will
issue the permit for DWV. Water Service is owned by St. Paul Regional Water Services
who will issue the permit for the potable water connections.
12. Separate permits are required for building, plumbing, mechanical, electrical, Health, fire
alarm, and sprinklers.
Citizen Comments
1. Patricia Paul, 2415 Cypress Street (mail response): Poor location, business area is small,
no room for any further expansion also not very accessible for customers with the
entrance on different levels. Very limited space for that type of business. I would not object
to the business if approved.
2. Paul Smith, 1041 Gervais Avenue (telephone response): The City should not approve a
variance to allow the used motor vehicle sales closer than 350 feet to residential. Family
Auto should follow the City code. Exterior lights on the north side of the building are not
necessary. They will cause light pollution to the surrounding residential properties. If they
are installed, the City should require that they be shut off at 6 p.m. The business across the
street from my property, Whitaker, has exterior lights that shut off at 8 p.m. Parking will be a
problem. Used motor vehicle sales involve shuffling cars around the lot,to and from the
detail bay. What happens when they buy too many cars at an auction and they only have
nine parking spaces to park them? The City should consider signing the north side of
Gervais with no-parking signs. The location of the detail bay on the north side of the
building, across from residential, will cause nuisances such as sound, odor, and lighting.
Reference Information
Site Description
Site Size: 1 Acre
Existing Land Use: Commercial Building with Two Tenants Garden Fresh Farms and a Bakery
Surrounding Land Uses
North: Vacant Lot with Gravel Parking Area/Single Family Home/Landscape Business
South: Maplewood Drive/Highway 36
East: Commercial Building Whitaker Sports Import Car Sales
West: Ebenezer Karen Baptist Church
Planning
Existing Land Use: Commercial
Existing Zoning: Light Manufacturing (M-1)
Past Actions
1977 Design review for an addition to the building for the previous occupant Twin City Vending.
Attachments
1. Conditional Use Permit Resolution
2. Variance Resolution
3. Applicant Narrative
4. Location Map
5. Site Plan
6. Floor Plan
7. Lighting Plan
Attachment 1
CONDITIONAL USE PERMIT RESOLUTION
1.
Attachment 1
1. Used motor vehicles sales is limited to nine parking spaces on the south parking lot.
2. Used motor vehicle sales is limited to Monday through Saturday, from 9 a.m. to 6 p.m.
3. Exterior improvements are limited to lighting and parking lot striping.
4. The applicant must submit a revised site plan which shows the required accessibility
parking stalls.
5. The applicant must submit a revised lighting plan which shows the following details:
a. The style of the wall pack lights.
b. The style and height of the freestanding light.
c. A note on the plan that indicates the exterior lights on the north side of the
building will automatically shut off at 8 p.m.
6. The garage bay is to be used for detailing, vacuuming, waxing, windshield repair, and
minor repairs for inventory vehicles only.
7. The garage bay door must be closed when in use.
8. Any signs shall be installed in accordance with the Maplewood Sign Ordinance.
9. Test drives shall be limited to the frontage road with drives through the residential
neighborhood prohibited.
10. Vehicle deliveries and transport unloading shall be done on site and not along public
streets.
11. The applicant must obtain a building permit for interior improvements.
12. The city council shall review this permit in one year.
Attachment 2
VARIANCE RESOLUTION
WHEREAS,
WHEREAS, 27 feet from the nearest residential
property the city is planning for residential use.
1. The planning commission held a public hearing on May 15, 2018. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property owners as
required by law. The planning commission gave everyone at the hearing an opportunity
to speak and present written statements. The council also considered reports and
recommendations from the city staff. The planning commission recommended that the
city council approve this variance.
2. On _____________, the city council considered the recommendations of city staff and
the planning commission and the testimony of persons present at the meeting.
NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-
described variances since:
1. The proposed variance would be in harmony with the intent of the ordinance. With a 350
foot separation from a residential property, the city ordinance attempts to buffer used
motor vehicle sales activities from residents. In this case, the sales would be located on
the south parking lot, which is over 350 feet to property the city is planning for
residential.
2. The use would be consistent with the comprehensive plan since it is classified
commercial and used motor vehicle sales are a commercial activity.
3. There are practical difficulties in complying with the ordinance. The property is closer
than 350 feet to the nearest property the city is planning for residential, but the used
motor vehicle sales will take place on the south parking lot, further than 350 feet from
residential.
The Maplewood City Council ________ this resolution on _________, 2018.
Attachment 3
March 5, 2018
City of Maplewood,
Economic Development Department
1902 County Road B East
Maplewood, MN 55109
Attn: Shann Finwall
CC: Dave Roeser (Owner)
Antonio Martinez (Tenant)
Re: 1065 Highway 36 East,
PID: 092922310002
Dear Shann:
We are pleased to provide this Narrative for Family Auto Sales for a Conditional Use
Permit and Variance to sell used automobiles in a M1 zoning district.
The property is owned by Waters Edge Enterprises, 1065 Highway 36 E, Maplewood,
Minnesota (the “Property”). The tenant Family Auto Sales (“Client”) requests the approval
and recommendation of approval to the City Council for a Conditional Use Permit and
Variance to allow used automotive sales in the south end of the building and the south
parking lot.
The auto sales and display would be limited to the south parking lot and customers would
be directed into the building to complete the sale. Accessible parking is restricted to the
rear of the building because of the elevation of the front entry. Handicap patrons will be
escorted to the rear parking lot and enter through a secure entrance.
Project Overview:
The site consists of approximately 0.99 acres located on Keller Parkway, North of Highway
36 and West of Highway 61. Current site consists of a 20,570-square foot, single story
building, 22 parking stalls at the south parking lot, and 7 parking stalls at the north parking
lot, including 2 accessible stalls.
Exterior improvements will consist of new LED light fixtures and a new sign on the south of
the building.
Auto sales customer parking would be limited to the front parking lot, except for handicap
parking in the rear.
We are proposing 9 automotive stalls for used car sales to be in the front (southern)
nai Architects, Inc
parking lot noted on AC101.
1959 Sloan Place
Suite 100
Maplewood, MN 55117
p: 651-487-3281
f: 651-487-3283
nai-architects.com
Attachment 3
Page 2 of 2
Parking per City of Maplewood parking code requirements:
Warehouse/Manufacturing = 7 employees / 2 = 3.5
Auto Sales Office Area = 630 square feet / 200 = 3.2
Office Area = 2,695 square feet / 200 = 13.4
Total Stalls required = 20
Total Stalls provided = 29
Automotive sales stalls = 9
The auto detail bay in the rear of the building will be used for detailing, vacuuming, waxing,
windshield repair, and minor repairs for inventory vehicles only.
The hours of operation for automotive sales are Monday through Saturday 9 am to 6 pm.
Approvals:
Primary Lot: 092922310002
The project requires an approval for Conditional Use Permit to allow automotive sales in a
M1 zoning district and a Variance to allow automotive sales within 350 feet of residential
properties.
The property is closer than 350 feet to the nearest residentially zoned property, the auto
sales would be limited to the south of the building and southern parking lot, which is more
than 350 feet from residentially zoned properties. The residential lots will not have sight of
the auto sales on the south because of the elevation of the parking lot being 10-12 feet
lower than the floor level.
We are requesting approval for the display and sale of 9 automotive stalls in the south
parking lot.
Thank You for your time to review this project and we look forward to your staff
recommendation of approval to the Planning Commission and Council.
Yours Respectfully, YoursResppppppppppppppectfully,
Shawn G Berry ShhhhhhhhhhhawnGGGGGGGGGBerry
Vice President
nai Architects, Inc.
1959 SLOAN PLACE, SUITE 100 | MAPLEWOOD, MN 55117 | 651.487.3281 | NAI-ARCHITECTS.COM
Attachment 4
Attachment 5
Attachment 6
Attachment 7
PLANNING COMMISSIONSTAFF REPORT
Meeting Date May 15, 2018
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Shann Finwall, AICP, Environmental Planner
PRESENTOR:
Shann Finwall, AICP, Environmental Planner
AGENDA ITEM:Comprehensive Plan Amendment and Rezoning, SVK Development, LLC,
2135 Larpenteur Avenue
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The applicant is requesting City approval of rezoning and reguiding the land use for the property at
2135 Larpenteur Avenue. Rezoning from Farm Residence (F) to Small Lot Single Dwelling (R1-S)
and reguidingfrom Medium Density Residential to Low Density Residential.
Recommended Motion:
I move to approve the rezoning and land use change resolutions. The resolutions rezone and
reguide the property at 2135 Larpenteur Avenue to Small Lot Single Dwelling (R1-S) and Low
Density Residential.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost isenter amount or $0.00.
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Application Date
The city deemed the applicant’s applications complete on April 14, 2018. Minnesota State Statute
15.99 requires that the City process the applications within 60 days of a complete application, with
an additional 60 days allowed if extensions are needed. The initial 60 day review deadline is
June 13, 2018.
Background
SVK Development, LLC, is proposing to develop the 3.82 acre vacant parcel at 2135 Larpenteur
Avenue with seven small lot (7,500 s.f.) single family homes. The proposal includes rezoning the
lot from Farm Residence to Small-Lot Residential and changing the land use designation from
Medium Density Residential to Low Density Residential. If approved the applicant would later apply
for apreliminary plat to subdivide the land into seven small lot single family homes.
Requests
To build this development, the applicant is requesting that the city council approve the following:
A.Comprehensive Plan Amendment (Requires Two-Thirds Majority Vote Of City Council)
B.Rezoning (Requires Two-Thirds Majority Vote Of City Council)
Discussion
Land Use
The 2030 Comprehensive Plan and the draft 2040 Comprehensive Plan guides the property as
Medium Density Residential. The City intends the Medium Density Residential land use for
moderately higher residential densities ranging from 6.1 to 10.0 units per net acre. Housing types
in this land use category would typically include lower density attached housing, manufactured
housing and higher density single family detached housing units. Some forms of stacked housing
(condominiums and apartments) could be integrated into Medium Density areas, but would need to
be surrounded by additional green space.
The applicant is requesting the land use be changed to Low Density Residential. The City intends
Low Density Residential land use for residential densities of 2.6 to 6.0 units per net acre. Housing
types in this land use category could include attached and detached single-family housing types
(including traditional single-family detached homes, detached town houses and two-family homes).
Zoning
The property is currently zoned Farm Residence (F). Permitted uses in this zoning district are
single dwelling residential homes and farm uses. The minimum lot size is 10,000 square feet and
the minimum lot width is 75 feet.
The applicant is requesting to rezone the property to Small Lot Single Dwelling Residential (R1-S).
Permitted uses in this zoning district are single dwelling residential homes. The minimum lot size is
7,500 square feet and the minimum lot width is 60 feet.
Metropolitan Council Review
The City’s draft 2040 Comprehensive Plan will be adopted and in effect by the end of 2018 or early
2019. The Metropolitan Council will stop considering amendments to 2030 comprehensive plan
versions at the end of June 2018. This will allow adjacent cities and the Metropolitan Council time
to review and approve 2040 Comprehensive Plans by the end of the year. If the applicant misses
this deadline they would have to wait until the City’s 2040 Comprehensive Plan is adopted. For this
reason the applicant is requesting the land use plan change and rezoning now, prior to the
preliminary plat. A preliminary plat application and full set of plans will be submitted to the City
once the land use change and rezoning has been approved.
Preliminary Plat Concept
The preliminary plat concept plan shows seven single family lots. The lots will be 7,500 square feet
in area and 62.5 feet wide. Development of single family homes on smaller lots would serve as a
transition between the surrounding Low and Medium Density Residential land uses.
The applicant states in their narrative that the land use change will also be a good fit due to the
wetland constraints that are unique to this site.
There are two wetlands on the parcel. One is a Manage A wetland with a 75-foot minimum and
100-foot average wetland buffer requirement. And a Manage B wetland with a 50-foot minimum
and 75-foot average wetland buffer requirement. The wetland buffers make it difficult to develop
the site with higher density attached housing. The small lot single family home development will
make better use of the site by meeting the required density and the City’s wetland buffer
requirements. Additionally, the City’s review of the preliminary plat, which will also require a public
hearing, will ensure the development meets all city code requirements including engineering, tree
ordinance, and wetland ordinance.
Commission Review
Planning Commission
May 15, 2018: The planning commission will hold a public hearing and review this project.
Neighborhood Meeting
At the request of the city council, staff is requiring all major projects hold a neighborhood meeting
before submitting plans. The applicant held a neighborhood meeting on May 8, 2018 and invited all
properties within 500 feet. Approximately 30 people attended the meeting.
Citizen Comments
1.Dan Brinkman, 2117 Southwind Drive (e-mail response): My name is Dan Brinkman. I'm
president of the Southwinds of Maplewood Townhome Association. The purpose of this
communication is to determine some details of the proposed housing development on the
property at 2135 Larpenteur Avenue.
This acreage abuts our association property to the south. The decision to rezone the
property to a low density level seems to make sense, given the size and makeup of the
property, taking into account the wetland area.
Our assumption is that there would be no construction of the east side of the development
property line, what with elevation challenges and the wetland area to deal with. Is this
correct? The home construction close to our association's southern property line is of
greater concern. We would assume that any development of the northern lot of the plat
would include buffer plantings along the property line to maintain viewing privacy for our
association townhomes on Southwind Road. Would this be a correct assumption?
It would also be our hope that, should these lots sell, and homes end up being constructed,
that as many trees and plantings as possible that exist now could be left in place upon
completion of this project.
2.Sharon and Bob Boyden, 1724 Southwind Lane (e-mail response): We received the
proposal for rezoning for this property. We have many concerns. The building of 7 single
family homes would greatly impact the following:
a.Animals, currently wesee deer, ducks, geese, owls, eagles, turkeys and even
coyotes use this land.
b.Foliage, many trees would be destroyed to make it possible to build so many homes.
c.Pond life, the smaller animals who depend on this pond would be greatly reduced.
Right now this area is thriving and is balanced environmentally. To disturb this area, would
destroy it! Do not let this happen!
Please keep us informed of this matter. Also let us know what else we can do to not let this
rezoning occur.
3.Diane M. Mencke, 2135 Margaret Street (e-mail response): I am one of the owners of the
property at 2135 Larpenteur Avenue East in Maplewood. I actually grew up in the
farmhouse on this property and lived there from 1946 until 1969. This property has been in
my family for at least four generations.
My mother passed away in 2004, and I have owned 1/2 interest in the property since that
time. My niece and nephew each own 1/4 interest in the property.
This property has been for sale for over two years. We have had a number of offers on the
property, but none of them were acceptable for various reasons.
I am very impressed with this proposal for the use of this land. I feel that this proposal will
be consistent with the surrounding area and will be a good fit due to the wetland constraints
of this property. In my opinion, this proposal uses the wetlands to create very desirable lots.
Single family homes will definitely fit with the character of the neighborhood. I feel that they
will be a very attractive addition to the area and will contribute to the property value of
surrounding properties.
Beebe Road was recently redone and will not need upgrades for the additional lots
accessing the road.
I am in favor of this proposal.
4.William Meyer, 2155 Larpenteur Avenue East (via e-mail): This neighborhood has been my
home for the past 40 years. My grandfather built this house in 1950 and I just recently
acquired it after his passing. We have a beautiful view of the pond and all the wildlife that it
brings. We have a family of deer, owls, ducks, geese and the occasional turkey or two that
have inhabited the wetland areas for many years and become quite fond of us. We are able
to feed the deer daily and they have almost become like pets to us and wouldhate to lose
this part of nature that I see every day in my backyard. If this proposed area is developed, I
am afraid that all of the wildlife will disappear with it, as the deer use this area for grazing
and a place to bed down. This would ultimately take away one of the last few wooded areas
in the neighborhood. I’m not ready to lose that and with the possible development of the
golf course across the street, this would cause a lot more traffic and commotion then is
needed. I moved here because of thefeeling of being outside of the city while still in the city.
It is very quiet and peaceful where I live and if seven homes were built in this location, it
would take away from the tranquility of the neighborhood. I am sure there are many other
neighborswho feel the same way that I do, we do not want to see our area be
overdeveloped by more homes or townhouses. The area in question is too small for seven
houses to be crammed in to. The traffic is bad enough already living on Larpenteur, but then
adding more houses equals more traffic.
5.Tim and Julie Nyberg, 1732 Southwind Lane (via e-mail): My wife and I reside at 1732
Southwind Lane, Maplewood, and have several concerns about the proposed rezoning and
development of lots on Beebe Street:
As we readit, there will be seven (7) single family detached homes on this small footprint.
This proposed development seems very crowded due to the surrounding wet lands/nature
areas.
Will these REALLY be detached, single family homes? Might three side-by side townhomes
be more appropriate on this size parcel?
Will they be for purchase or rentals?Rentals, as you know come with a certain set of
problems that would not be welcomed by anyone in the adjoining Southwind Townhomes.
We feel that more rentals in the area would further decrease our property values.
What will be the square footage and price point of the proposed homes?
What is the reputation of this builder as it relates to quality builds? Are there any similar
developments of the proposed density that the builder can point to as an example of how
this proposed development would look? Too many builders now are jumping on parcels like
this and creating an insensitive dense-pack eyesore for the sake of a quick buck.
Finally, seven more driveways entering Beebe in that short frontage seems ridiculous. Might
the developer propose the option of two or three shared driveways to minimize the
concrete/pavement and the subsequent loss of green space?
Thank you for addressing these questions and suggestions at the public hearing on May
15th. We will not be able to attend, but will look to our neighbors for answers to these
concerns.
6.John and Betty Nierengarten, 1771 Southwind Lane (via e-mail): We received your letter
last week regarding the rezoning and comprehensive plan change for a single family home
development proposal at 2135 Larpenteur Avenue. Given that this land will eventually be
redeveloped one way or another, this appears to be one of the better scenarios as regards
to compatibility with our residential neighborhood. As it stands, we have no reason to
oppose it, but we would like to express a few concerns. I believe our opinion is similar to
that of most other homeowners in the Southwind Townhomes development.
The end product displayed in the plan is OK, but many of our neighbors are concerned
about traffic, especially big trucks on Beebe Road during the construction period.That may
be unavoidable, but there is more concern about potential damage done to Beebe during
construction and whose responsibility it is to repair it. As mentioned in the proposal, Beebe
was just recently redone to address past deterioration and enhance the ascetics of this
roadway. All properties adjoining it had to pay an assessment for this. Building seven single
family homes, in addition to noise and potential damage from construction traffic, will
probably mean excavation of the roadway to install water, sewer and electrical utilities.
Current homeowners on Beebe have a right to have the road restored to the same condition
it is now once the project is complete.
Another question is whether the walkway that was added as part of the Beebe improvement
will be extended all the way down to Larpenteur, or at least the end of the new development
area. At face value, that would seem to be preferred.
7.Robert Johnson, 1763 Beebe Road (via mail): I agree with the proposal only if the single
homes are occupied by the homeowners and those properties are not used for rentals.
Otherwise I vote no.
Reference Information
Site Description
Site Size:3.82 Acres
Existing Land Use: Vacant Lot
Surrounding Land Uses
North:Southwind Townhomes
South:Larpenteur Avenue and Single Family Homes in St. Paul Across the Street
East:Southwind Townhomes
West:Beebe Road and Residential (Single Family and Four Plex Homes) and St. Paul
Regional Water Services Building Across the Street
Planning
Existing Land Use:Medium Density Residential
Existing Zoning:Farm Residence (F)
Past Actions
2135 LarpenteurAvenue was the location of a single family home until it was demolished in 1999.
Attachments
1.Rezoning Resolution
2.Land Use Plan Change Resolution
3.Applicant Narrative
4.Location Map
5.Existing Land Use Map
6.Proposed Land Use Map
7.Existing Zoning Map
8.Proposed Zoning Map
9.Preliminary Plat Concept Plan
COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION
WHEREAS, SVK Development, LLC, applied for a change to the city's land use
plan from Medium Density Residential to Low Density Residential.
WHEREAS, this change applies to the property at 2135 Larpenteur Avenue in
Maplewood, Minnesota.
WHEREAS, the legal description for the lot is:SECTION 14 TOWN 29 RANGE
22: Part Of E 1/2 Of Se 1/4 Of Sw 1/4 Of Se 1/4 Nly Of Former M & St P Sub R/r (subj
To Rds & Esmts) In Sec 14 Tn 29 Rn 22
WHEREAS, the property identification number for the lot is: 14-29-22-43-0002
WHEREAS, the history of this change is as follows:
1.OnMay 15, 2018, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve the comprehensive land
use amendment.
2.OnMay 29, 2018, the city council discussed the land use plan change. They
considered reports and recommendations from the planning commission and city
staff.
NOW, THEREFORE, BE IT RESOLVED that the city council ____________the
above-described change for the following reasons:
This site is proper for and consistent with the city's policies for low-density
residential use including enhance existing neighborhoods by encouraging
residential neighborhood development and redevelopment to address gapsin the
housing mix, ensuring the efficient use of city services and infrastructure, and
strengthen neighborhood vitality.
The Maplewood City Council adopted this resolution on ________________.
REZONING RESOLUTION
WHEREAS, SVK Development, LLC, applied for a change to the city's zoning
from Farm Residence (F) to Small Lot Single Dwelling (R1-R). Low Density Residential.
WHEREAS, this change applies to the property at 2135 Larpenteur Avenue in
Maplewood, Minnesota.
WHEREAS, the legal description for the lot is: SECTION 14 TOWN 29 RANGE
22: Part Of E 1/2 Of Se 1/4 Of Sw 1/4 Of Se 1/4 Nly Of Former M & St P Sub R/r (subj
To Rds & Esmts) In Sec 14 Tn 29 Rn 22
WHEREAS, the property identification number for the lot is: 14-29-22-43-0002
WHEREAS, the history of this change is as follows:
1.On May 15, 2018, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve the rezoning.
2.On May 29, 2018, the city council discussed the rezoning. They considered
reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council ____________ the
above-described change for the following reasons:
1.The proposed change is consistent with the spirit, purpose andintent of the City’s
Small Lot Single Dwelling (R1-R) Zoning District.
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 will allow for the logical, efficient, and economical
extension of public services and facilities, such as public water, sewers, police and fire
protection and schools.
The Maplewood City Council adopted this resolution on ________________.
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SITE PLAN
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Landform and Site to Finish are registered service marks of Landform Professional Services, LLC.
MAPLEWOOD, MN
SITE PLAN
LOT SUMMARY
AREA SUMMARY
ZONING SUMMARY
WETLAND INFORMATION
SVK SUBDIVISION
SVK DEVELOPMENT
in collaboration with:
PLANNING COMMISSIONSTAFF REPORT
Meeting Date May 15, 2018
Melinda Coleman, City Manager
REPORT TO:
REPORT FROM:Michael Martin, AICP, Economic Development Coordinator
PRESENTOR:Michael Martin, AICP, Economic Development Coordinator
Mercedes Benz –Morrie’s Automotive Group, 2780 Maplewood Drive
AGENDA ITEM:
A.Comprehensive Plan Amendment (Requires Two-Thirds Majority
Vote Of City Council)
B.Zoning Map Amendment(Requires Two-Thirds Majority Vote Of
City Council)
C.Lot Division
D.Conditional Use Permit Revision
E.Variance
F.Design Review
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
Morrie’s Automotive Group, owner of the property located at 2780 Maplewood Drive, is proposing to
tear down the existing car dealership building and build a new one for its Mercedes Benz
dealership. Car dealerships are required by ordinance to be setback at least 350 feet from
residential properties. Use of this property as auto sales was established in 1969. As is the case for
most of the dealerships along Highway 61/Maplewood Drive, the 350 foot setback requirement was
adopted into ordinance after the auto dealerships were already in place. This has often resulted in
established dealership businesses seeking additionalcity approvals in order to invest in their
properties as the 350 foot setback can bea barrier.
Recommended Motion:
A.I move to approve theattached comprehensiveplan amendment resolution. Thisresolution
approves the comprehensive land use plan amendment from LDR (low density residential) to C
(commercial) for approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive.
B.I move to approve the attachedzoning map amendmentresolution. This resolutionapproves
amending the zoning map from R1 (single dwelling) to M1 (light manufacturing) for
approximately 4.44 of the 8.97-acre parcel located at 2780 Maplewood Drive.
C.I move to approve the lot division request to subdivide and adjust lot lines for the applicant’s 2.9
acre parcel located withinthe property at 2780 Maplewood Drive and the neighboring 1.59 acre
parcel located at 1263 Kohlman Avenue East.This lot division approval is subject to the
following conditions:
1.A survey must be submitted to planning staff for final approval.
2.The lot division and any and all easement agreements must be recorded with Ramsey
County within one year of approval date otherwise the approval is null and void.
D.I move to approve the attached conditional use permit revision resolution. This resolution
revises the conditional use permit that approved vehicle repair and a car wash to be located
onto the auto dealership building. The revised resolution outlines the conditions required for the
entire new auto dealership building, as all buildings erected in the Light Manufacturing zoning
district within 350 feet of a residential district require a conditional use permit.
E.I move to approve the attached setback variance resolution variance for Morrie’s proposed
Mercedes Benz building and parking lot. Ordinance requires auto uses to have a 350 foot
setback from properties the city has planned for residential. The applicant requires a 308 foot
setback variance as the parking lot would be setback 42 feet from residential property while the
building would be setback 115 feet.
F.I move to approve the design plans for the new 47,685 square foot auto dealership building date
stamped May 9, 2018, for the redevelopment project located at 2780 Maplewood Drive.
Approval is subject to the applicant doing the following:
1.Repeat this review in two years if the city has not issued a building permit for this project.
2.Satisfy the requirements set forth in the staff report authored by staff engineer Jon Jarosch,
dated May 8, 2018.
3.Satisfy the requirements set forth in the staff report authored by environmental planner
Shann Finwall, dated May 15, 2018.
4.All requirements of the fire marshal and building official must be met.
5.All roof-top mechanical equipment shall be screened from view.
6.Prior to issuance of a grading or building permit, the applicant must submit to staff for
approval the following items:
a.Revised landscaping and site plans showing additional plantings and screening on the
east side of the site. This plan shall also includetherestoration of the wetland buffer
area with native plantings.
b.Submit a revised photometric plan for staff approval –plan must meet all city
requirements.
c.Submit plans for staff approval for the required trash enclosure. The trash enclosure’s
colors and building materials shall be consistent with the main building.
d.A cash escrowor an irrevocable letter of credit for all required exterior improvements.
The amount shall be 150 percent of the cost of the work.
7.The applicant shall complete the following before occupying the building:
a.Replace any property irons removed because of this construction.
b.Provide continuous concrete curb and gutter around the parking lot and driveways.
c.Install all required landscaping and an in-ground lawn irrigation system for all
landscaped areas.
d.Install city approved wetland buffer signs at the edge of the wetland buffer that notifies
that no building,mowing,cutting,grading,filling or dumping is allowed within the buffer.
8.If any required work is not done, the city may allow temporary occupancy if:
a.The city determines that the work is not essential to the public health, safety or welfare.
b.The above-required letter of credit or cash escrow is held by the City of Maplewood for
all required exterior improvements. The owner or contractor shall completeany
unfinished exterior improvements by June 1 of the following year if occupancy of the
building is in the fall or winter or within six weeks of occupancy of the building if
occupancy is in the spring or summer.
9.All work shall follow the approved plans.City staff may approve minor changes.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost is
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of ReservesOther:n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The city deemed the applicant’s application complete on May 8, 2018. The initial 60-day review
deadline for a decision is July 7, 2018. As stated in Minnesota State Statute 15.99, the city is
allowed to take an additional 60 days if necessary to complete the review.
Background
Project Overview
Several years after this site was established as an auto dealership, the city amended its ordinance
requiring new and used auto sales besetback 350 feet from any property planned for residential
use. The applicant’s first redevelopment submittal had the parking lot within 24 feet at its nearest
point to a residential property line. The first site plan also had approximately 59,000 square feetof
new hard surfaceon site. Staff rejected this site plan and stated the applicant needed to further
refine plansto increase the buffer area between the residential properties and the parking lot while
also decreasing the amount of new hard surface on site.
To accomplish this,the applicant reduced the total amount of parking spaces from 427 to 362. The
applicant also agreed to relinquish several of the parking spaces located in the wetland buffer on
the east side of the site. The property received a variance to locate parking within the wetland buffer
in 1996. Taking the asphalt out of the buffer area and returning it to native planting will work to
improve the wetland conditions in this area. The applicant should be required to further protect this
reclaimed area by putting all wetland buffer areas on site in a permanent easement.
By reducing the amount of new parking on site, removing some existing parking areas on site and
reducing the widths of drive aisles the applicant was able to get the amount of new nethard surface
to under an acre for the entire site –40,764 square feet of new hard surface.
The applicant also nearly doubled the buffer area between the parking lot and the residential
properties to 42 feet at is closest point. Between the parking lot andthe property line, there is a six
foot difference in grading –with the dealership land lying lower which will block view of the vehicles
near the property line. In addition, the applicant will plant numerous conifer trees to create a
vegetation screen between the dealership and the homes to the south. The code requires screening
to be at least six feet tall with 80 percent opaqueness and this will be achieved.
Comprehensive Plan Amendment, Zoning
Map Amendmentand Lot Division
The applicant’s three requests for a
comprehensive plan amendment, zoning map
amendmentand lot division are tied together
and in large part could be considered more
administrative.
As seen in the figure to the right, the red
outline identifies the applicant’s existing site
with a large part of it guided by the 2030
Comprehensive Plan as Low Density
Residential and zoned R1 single dwelling.
Staff researched the history of the property
and could not find anything specific as to why
the land use and zoning designations of a
good part of this site were left residential. On
this same image, the yellow dashed line
indicates where the proposed lot division
Red outline indicates applicant’s existing
would take place. South of the yellow line
property. Yellow dashed line represents lot
would remain residential and be attached to
division with area south of the line
the single family property located at 1263
Kohlman Avenue. This would remove any
neighborhood worry of the applicant trying to install an access drive directly onto Kohlman. In
exchange, the residential property at 1263 Kohlman is dividing the north part of its lot and attaching
it to theapplicant’s property. With the lot division in place, it is staff’s recommendation that the land
use and zoning match with what is occurring on this site. The entire site at 2780 Maplewood Drive
would then be guided as Commercial and zoned Light Manufacturing.
As a point of information, the city’s official comprehensive plan is still the 2030version. The Draft
2040 Comprehensive Plan is not expected to be officially adopted and in effect until the end of the
year or early 2019. With that said, the Metropolitan Council has set a submittal deadline of June 30,
2018 for when it will stop considering amendments to the 2030 versions of comprehensive plans.
All comprehensive plan amendments are required to be reviewed and approved by the Metropolitan
Council.
Conditional Use Permit Revision
This site received its original CUP in 1979 with the mostrecent revision occurring in 2001 for an
addition to the site’s repair shop. This conditional use permit regulates the car wash and auto repair
service on this site. The use of this property as a new and used auto dealership is a permitted use,
sans this proposal’s inability to meet today’s existing setback requirements. The setback variance
will be addressed in the next section. This CUP is required to be revised to incorporate a new site
plan and location of the repair and car wash uses on this siteandbecause all buildings withinthe
Light Manufacturing zoning district that are within 350 feet of residential also require a CUP.
Staff recommends adding conditions to the CUP to ensure all work takes place within the enclosed
building with garage doors shut and all vehicles parked outside are operable. In addition, staff is
recommending language be added to the CUP prohibiting the applicant from parking vehicles on
non-approved surfaces, banning the testing of vehicles –for both repair and sales purposes–from
taking place on local residential roads and all employees shall be required to park vehicles on site.
Variance
State statute allows variances to be approved when practical difficulties exist. State statue also
dictates that practical difficultiesoccur when the property owner proposes to use the property in a
reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to
circumstances unique to the property not created by the landowner; and the variance, if granted,
will not alter the essential character of the locality.
The city’s setback requirement was adopted after this site was established as an auto dealership
and now provides practical difficulties for the applicant to build a new facility that meets theneeds of
an auto dealership today. By looking at this property’s history you can see how the building was
expanded in a piecemeal method to add theadditional servicesthat is now expected to be housed
within a dealership. The applicant has demonstrated its openness to hearing the concerns of the
neighborhood and staff by increasing the buffer between the parking lot and the residential
properties to the south, removing existing asphalt from wetland buffer areas and locating the
service and car wash uses on the north side of the building to buffer noise.
With the proposed new lot lines, the new building will be setback 115 feet from the property line at
its closest point. The proposed parking lot would be 42 feet at is closest point –thus requiring a 308
foot variance. Maplewood is home to several auto dealerships that front major roadways and are
also next door neighbors to residential areas.
Tesla (Under Remodel Construction), 2590 Maplewood Drive –102 foot setback from
nearby residential property
Kline Auto, 2610 Maplewood Drive –102 foot setback from nearby residential property
Maplewood Toyota, 2873 Maplewood Drive –160 feet from nearby residential property
Schmelz Countryside, 1180 Highway 36 –23 foot setback from nearby residential property
Design Review
Shoreland Overlay
The site lies within the city’s Shoreland Overlay District (KohlmanLake), the development is
restricted to a total of 40 percent impervious surface coverage without the use of impervious
surface coverage bonuses (allowed by ordinance). A bonus would allow up to 60 percent
impervious surface coverage with the inclusion ofadditional facilities for the treatment of runoff. The
applicant is proposing a 51 percent impervious surface coverage with this project (It should be
noted that their original site plan included 55 percentimpervious surface coverage).
To achieve the bonus for this project, the applicant was required to infiltrate 1.65-inches of runoff (a
50 percent increase over the standard volume reduction requirement) for the 11 percent of
impervious surfaces above the 40 percent maximum allowed. The applicant was still required to
meet the standard volume reduction requirements for the first 40 percent impervious. Through the
combination of two underground infiltration systems, the proposed design meets and exceeds all
standard stormwater and Shoreland Overlay District requirements.
Site Plan
As part of this project, the applicant has purchased the auto body shop southwest of its current site.
This building will be removed and the land incorporated into the overall site. Currently between the
dealership and auto body properties there are three access points onto Maplewood Drive, with the
new project one access point will be removed. The two access points for Mercedes will remain in
place. Asproposed, the existing 35,041 square foot building would be removed and a new 47,685
square foot building would be built and shifted further south on the site. The new building is 12,644
square feet bigger than the existing facility. The bulk of the site’s parking will be located on the north
side of the building as will the carwash and auto repair services.
The new building andparking lot areas will meet all wetland setbackrequirements. In 1996, this
property received a variance to build parking within the wetland buffer on the east side of the site.
The applicant is proposing to remove the vast majority of the parking located in the wetland buffer
and return the area to native planting. In addition, staff is recommending additional vegetation be
added to the east side of the site to add more screening from the residential properties to the east.
Building Elevations
At its tallest the new building will be 27 feet tall. The west elevation facing Highway 61 will consist
ofamainly glass surface with galvanized siding being used for the service entrance portion of the
building. The south and north elevations will also be treated with the glass panels and galvanized
siding. The east side of the north and south elevations introduce the use of EIFS which will be
painted between three shades of white and silver. The EIFS and color scheme will also be used on
the entire east elevation. Any rooftop equipment will be required to be screened adequately from
the residential propertiesto the east and south.
The applicant’s rendering of the proposed building looking north east onto the site.
Landscaping
The bulk of the proposed landscaping will occur on the south side of the project –between the
parking lot and the property line. Staff recommends additional landscaping occur on the east side of
the site as well. The applicant shall work with staff on developing a revised landscape plan that will
both incorporate screening elements for homes to the east and return the vacated parking lot buffer
area to native plantings.
Additional plantings will occur withinthe parkinglotislands throughout the site and along the front
property line. The applicant is required to meet the city’s tree replacement ordinance.
Lighting
The applicant will be required to submit a revised photometric plan before any building permits can
be issued. There is only one area in the southwest corner of the site that does not meet the city’s
ordinance requirement. While the rest of the plan meetscity’s requirements for light intensity
throughout the rest of the site, city staff will ensure a revised plan is submitted verifying the entire
site meets ordinance. In addition, the city limits light pole height to 25 feet. The submitted plan
indicates several of the poles would be 26 feet in height. The revised plan will also need to show
poles are no taller than 25 feet.
Parking
For the sales area of the building, city ordinance requires 1 space per every 200 square feet of
area. The building would dedicate 8,500 square feet to sales thus requiring 43 parking spaces at
least 9.5 feet wide. The applicant has accommodated for the required 43 spaces within the site
plan. In addition, ordinance requires two parking spaces per service bay plus an additional space
for each employee. The proposed facility would have 29 service bays plus 75 employees for the
entire facility –requiring 133 parking spaces. The overall site contains362 parking spaces which
leaves186 spaces for inventory. As mentioned earlier in the report, staff is recommending the
conditions of approval require that all vehicles be parked in an approved space and that employees
beprohibited from parking on the street.
Trash Enclosure
All trash and recycling receptacles will be stored ina trash enclosure on the east site of the site.
Before any building permits are issued for this project, the applicant will be required to submit plans
for the trash enclosure for staff approval. The materials and colors of the trash enclosure will be
required to be consistent with the project and provide sufficient screening from properties to the
east.
Commission Review
Planning Commission
May 15, 2018: The Planning Commission will hold a public hearing and review this project.
Community Design Review Board
May 15, 2018: The Community Design Review Board will review this project.
Department Comments
Engineering Department, Jon Jarosch
Please see Jon Jarosch’s engineering report, dated May 8, 2018, attached to this report.
Building Official, Jason Brash
Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, 2015
Minnesota State Fire Code, MN 2015 Accessibility code, MN1306, and 2015 Minnesota Building
Code.
Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code Chapter
1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain
compliance is not an option. The following forms must be completed as submittals.
a.ASHRAE 90.1-2010 Building Envelope Compliance Documentation
b.ASHRAE 90.1-2010 HVAC Compliance Documentation
c.ASHRAE 90.1-2010 Service Water Heating Compliance Documentation
d.ASHRAE 90.1-2010 Lighting Compliance Documentation
Special inspections required as per 2012 IBC Chapter 17. Complete supporting special inspection
schedule document and submit with plans.
Plumbing plans shall be submitted to the State Plumbing Department for approval prior to the
issuance of a plumbing permit.St Paul water requires permits for water piping. Maplewood
requires permit for drain waste and vent.
Permits are required for building, plumbing, mechanical, electrical, health, fire alarm, and sprinklers.
Provide three sets of stamped and signed plans and one digital set.
Citizen Comments
Staff surveyed the 58 property owners within 500 feet of this site for their comments. There were 12
replies.
For
1.I support the proposal. It should be noted that property lines are not shown correctly for 1247
Kohlman and 2720 Maplewood Dr. in the overhead image enclosed. The 2720 property has an
appendage or wedge between the back of our property and what was the Don’s Body Shop
Property. (Jonathan and Marilyn Buesing, 1247 Kohlman Avenue)
2.Hello, my name is Charles Crummy. I am the owner of the property that Morrie's Mercedes is
looking to do the land swap with. I was approached by an employee of Morries about a land
deal. They were very nice and had explained that Porsche and Mercedes had split when
Maplewood lmports sold. The problem that Morries was having was that Mercedes was looking
for a larger lot, and in order for Morries to keep Mercedes at this site, Morries needed to
increase the amount of vehicles the lot could handle to keep Mercedes at this location. Morries
has since reached out and looked at wetland development and if it was an option to move some
wet lands to make their lot bigger. They also procured a business off of highway 61 to help with
the space needed. lt turns out that without the portion of my backyard it was going to be very
costly for Morries to keep Mercedes there. They had in turn looked at a few other sites out of
Maplewood and then contacted myself. The purpose of the land swap was working in multiple
peoples favors, Morries would get the needed space for Mercedes and the parcel up off of
Kohlman would not be sold off and a very small home put on the parcel for sale. Driving market
values of neighboring properties down.
Yes, I realize that a car dealership could also drive down values, but Morries had a plan to
separate the commercial property from the residential property using a 20' berm and pine trees
on top of it to make a more natural break. I was told that they would use timers on directional
lighting so they would not offend any of the neighbors as well as myself. They have been very
forthcoming on their intentions and I believe I would rather see a Mercedes dealer in my
backyard with a fancy new building then the possibility of Morries selling off to a used car dealer
and changing the cliental that would be walking through our backyards. I have always supported
Maplewood and I believe keeping Mercedes in town would be a mutually beneficial proposition
for all involved.
Maplewood would get a better tax base on a high end dealer. The homeowners would get a
better outcome then if they were to lose Mercedes, and Mercedes would get a lot that is large
enough to hold the numbers of vehicles required to stay a Mercedes dealership as well as
getting to build a building that fits the corridor (turns out that all of the dealerships on 61 have
brand new building and landscaping, I think it would only be fair to have one of our longstanding
lots get the chance to keep up with the Jones's). I know my neighbors and I are all worried
about possible items that would be annoying as home owners such as extra generated noise
lights or possible land values dropping, howeverI believe that Morries has a great plan in place
and I am sure they will work with all of the homeowners that this could effect to help eliminate
any future hardships. (Charles Crummy, 1263 Kohlman Avenue)
3.I am very excited to see additional investment in the area especially of the quality Mercedes is
looking to build. I have no objections to the Lot division, Rezoning, comprehensive plan
amendment or the Variance. (Mike Brass, Property Owner of 2780 Maplewood Drive)
Against
1.My opinion is that I am strongly opposed to this. We do not need to encroach on the wildlife that
lives in the Shoreland Overlay District or destroy more of our wetlands. 214,548 square feet of
impervious surface is a serious detriment to wildlife. We needmore community gardens and
wildlife areas and we need to SAVE OUR WETLANDS!!!! This would bring more traffic, noise
and pollution to an already sensitive ecosystem. Please consider the environment when making
your decision, I know I’m just one small voicebut I love my city because of the nature I get to
experience everyday here. (Jolene Durant, 1244 Kohlman Avenue)
2.The variance for the 350 foot setback places cars/parking lot too close to our property. Sunday
towtrucks and Sunday “customers” are more visible/close to our yard. The 350 foot setback
ordinance should be followed. Government is about following precedence not making
exceptions. Lighting, car alarms, car activity devalues our property. Please give strong
consideration to our concerns –follow the current setback allowance already existing. Do not
allow for less distance. (Robert and Michele Emerson, 157 Kohlman Avenue)
3.I thoroughly oppose allowing this dealership to build that close to residential areas. With a
parking lot comes street lights that never shut off! The light pollution will negatively impact out
whole neighborhood. I really hope my opinion and the opinion of a lot of my neighbors is
seriously taken into account. But as this project has been allowed to get this far I am sure it
means little. (David and Emily Marin, 1284 Kohlman Avenue)
4.I am writing today in response to your letter dated April 23, 2018, per our telephone
conversation regarding the 2780 in Maplewood Drive Mercedes Benz development proposal.
I am writing to you not only as a longtime resident. But as a longtime commissioner of the city of
Maplewood Planning Commission. I was a city planning commissioner when Mercedes Benz
first came to our city to build at their current location.
Per our discussion on the telephone.I am writing to inform you that when Mercedes Benz came
to the city to build originally. The city gave Mercedes Benz a variance to build up to the wetland
behind their property and allowed them to place their required catch basin into the wetland area.
Jeff Olson was the City Director of Planning and Melinda Coleman who was then the Assistant
Planner. They were both in charge of development and very aware of this.
This business has already received several CUP's, Variances and special setbacks already that
encroach on and into the residential properties and into the previously designated wetland.
You cannot put additional variances and CUP's on top of already granted special allowances
transferring onto a new business piggybacking on the old already granted and in place.
The City itself has a wetland ordinance that they do not enforce with businesses.
The Ramsey-Washington Metro Watershed District has closed and re-routed the County Ditch
18. They have constructed and installed several weirs across the acreage of KSTP from south
to north and west of the tower. They have also created several large areas of ponding along
Beam Avenue backing up and holding the stagnant water onto a larger area for longer periods
of time behind the properties of everyonenorth of Kohlman Avenue and North Clarence Streets.
The area is so large that it also backs up to the property behind the dealership's current
location. This fills the "Natural Wetland" that existed when Mercedes Benz built their dealership
originally.
This city has allowed and enabled this to happen, so the city can claim more wetland without the
knowledge and permission of the surrounding homeowners. When the city allowed and
permitted the Ramsey-Washington Metro Watershed District to alter the KSTP property. No
property owners were given the proper legal notice. Not one homeowner within 500 feet of the
proposed project received notice.
This project itself has created a nuisance and a health hazard.
The city would be putting commercial property intoalready zoned residential property.
You would be extending commercial property on HWY 61 corridor.
When was the public hearing and input that is required by state statute from the neighborhood
for the changes in the zoning?
For as long as the Mercedes-Benz has been at its current location they have had a blatant
disregard for our neighborhood and their influence on it. They and the city have done absolutely
nothing to respect the property owner's rights to the full use and enjoyment of their property. We
have numerous customers race through our neighborhood test driving their cars several times
per week. The dealership has been given notice numerous times to stop this and they disregard
that as well.
The management themselves have been extremely rude when they have been put on notice
regarding this serious safety issue. This is another safety hazard for our neighborhood.
This has also created more wear and tear on our deteriorating and neglected roads.
Your enforcement cannot be selective. The ordinances are the same for all taxpayers.
The Public has the right to know. And this development should not be granted another variance
when they have already had one. This proposed development would violate that variance and
your wetland ordinance. (Ralph Sletten, 2747 Clarence Street North)
5.I fear our street will become the “test drive” or “back door” to the dealership. It is already being
used for the movement of their car inventory. It will impact our residential street even more…
Traffic and noise. (Francis and Anita Wright, 2684 English Street)
6.Against this plan –we the residents don’t need anymore light pollution –we are still getting car
dealership traffic on our road and sometimes at higher speeds. They say they don’t go through
residential streets –wrong –we have called. No bigger footprint! New is nice but not fair to
residents involved. Setbacks are established for a reason.
P.S. with all the traffic on English plus added from this could we get new streets. Been here 24
years with original road. Patches on patches. Hate to bring this all on you but we are still upset
about “promises” made by the city on another development. In a nutshell, two owners turned a
duplex into a 4-plex then asked permission afterwards. We all approved the deal after being
promised no other expansion, outdoor building, etc. would happen. We now have an apartment
building with asphalt backyard, oversize garage and 2 large utility sheds in a residential
neighborhood.
Not Morrie’s fault. I can live with same footprint. Why disrupt residents who will deal with this.
Dealerships were large enough before. No need for in residential.
P.S. we need new streets. Take a tour of English between C and Kohlman, then take Kohlman
down to the dealership. The city should be embarrassed. (Mark Nichols, 2666 English Street)
7.We believe there are a significant amount of car dealerships along Highway 61 –it is not
necessary to increase their footprint. The existing dealership is loud and illuminated 24/7. It is
very distracting to a quiet neighborhood. Car alarms, excess lighting, loud speakers paging
workers are already too close to the residential area. We do not agree that this project –
expanding the footprint –is consistent with the spirit or purpose of this neighborhood. (Joseph
and Donna Pinotti, 2715 Clarence Street Nortth)
Comments/Concerns
1.We do not want the lighting to be offensive (we are east of the property)
We do not want the existing buffer facing east removed (picture attached) and, we request that
additional buffer be added in the gap area's as shown on the picture. The view in the picture is
from our home looking west.
We do not want to see any further infringement into the wetland area
We do not want customer's test driving cars in the neighborhood
If the project is approved, we expect that Morrie's will be cognizant of the fact that there are
federal & state protected creature's in the wetlands, including owls, hawks and sandhill cranes
and that the necessary precaution be taken as to not disturb or harm any of the creatures (Larry
and Michele DeMarre, 2746 Clarence Street North –Letter with photo can be found in
attachment section of report)
2.My concerns/issues are as follows:
Property Values -What will be theeffect of the reduced distance from my residence to the
developed property of the dealership on my home value? The closer the commercial
development to the home, the more detrimental the impact on the residential values is my
understanding.
Visual lmpactto Residents -The visual depiction of the planned berm places a lot of emphasis
on the height and spread of the deciduous trees planted but by number of specimens to be
planted they represent a much smaller portion of the trees to be planted. I also seriously
question that any of the plantings will approach 20 or more feet in height within 4 years.
Lighting -Where could I go see an example of the "full cut off fixture" to see how effective they
are at directing light and not interfering with a residential neighborhood. Depending on the
effectiveness of these fixtures there could be a negative effect on the residents of the
neighborhood.
Wetlands -When I moved into the neighborhood (27 years ago), I had the understanding that
the dealership lotcould not be expanded as it bordered on wetlands that were protected. Has
that changed, and if so how and when? What, if anything will be done to protect what is left of
the wetlands? The visual representation doesn't show anything.
I have seen the trend for dealerships to have separate facilities for most, if not all of their various
brands. With the new buildings that have been developed for some of the brands previously
based where at 2780 Maplewood Drive, isn't there enough space left for the existing dealership
to remodel without all the amendments and variances? And to be clear, while the applicant
refers to "need" for the rebuild and accommodations, it is actually their "desire" for this to
happen.
Finally, on a more personal and esthetic note: Myunderstanding is that the lot division part of
this development involves the lot between my residence (1281 Kohlman), and 1253 Kohlman.
While I have no objection to the actual division of the lot, I would like the two very large
cottonwood trees on the dealerships lot to be removed or better maintained. They have not
been cared for (trimmed or cleaned), deposit large amounts of dropped twigs/branches and
annually create a "snowstorm" of seeds that is a maintenance/visual nuisance and their size
and age represent a risk to my property and residence. (Michael Mastrian, 1281 Kohlman
Avenue)
Reference Information
Site Description
Site Size:8.97 Acres
Existing Land Use: Mercedes Benz Dealership
Surrounding Land Uses
North: KSTP
South: Single family dwellings
East:Wetlands, property owned by KSTP and single family dwellings
West:Maplewood Drive/Highway 61
Planning
Existing Land Use:Commercial and Low Density Residential
Existing Zoning:Light Manufacturing and Single Dwelling
Past Actions
November 6, 1969: The city council approved plans for the original building.
July 19, 1979: The council approved a CUP for a 3,900-square foot shop addition.
June 8, 1987: The council approved a CUP for a 1,740-square foot car wash addition.
December 9, 1996: The city council approved a CUP for vehicle showroom and repair garage
additions for Maplewood Imports. The council also approved a wetland buffer width variance. The
city code required an average of a 100 foot wide wetland buffer in the back of this site. The
applicant received approval to provide a narrower buffer which varied in width. The council also
approved the design plans.
March 26, 2001: The city council approved a CUP revision allowing a building expansion to
increase thesize of the dealership’s vehicle repair space.
Attachments
1.Comprehensive Plan Amendment Resolution
2.Zoning Map Amendment Resolution
3.Conditional Use Permit Revision Resolution
4.Variance Resolution
5.Overview Map
6.Land Use Map
7.Zoning Map
8.DeMarre’sLetter, dated May 4, 2018
9.Applicant’s Letters
10.Site Plan
11.Landscape Plan
12.Building Elevations
13.Certificate of Survey
14.Staff Engineer Jon Jarosch’s comments, May 8, 2018
15.Materials from the Applicant’s neighborhood Meeting
16.Applicant’s plans (separate attachment)
Attachment 1
COMPREHENSIVE PLAN AMENDMENT RESOLUTION
WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood
Drive, has requested a change to the City of Maplewood’s land use plan from LDR (low density
residential) to C (commercial) for consistency between all of the parcels the applicant owns which
comprise the auto dealership property.
WHEREAS, this change applies to the property located at2780 Maplewood Drive. The legal
description of the property is:
That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION,
Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA
ADDITION, Ramsey County, Minnesota.
Also together with that part of vacated English Street.
Also together with that part of the Southeast Quarter of the SoutheastQuarter of Section 4,
Township 29, Range 22 More particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of
Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along
the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said
Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36
minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the
northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West
along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to
the southwest corner of said Lot 99, being common witha point on the north line of said
Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06
seconds East along said north line, a distance of 31.54 feet to the easterly right of way line
of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said
east line, a distance of 258.84 feet to a found capped iron pipe license number 43933;
thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found
capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring
310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of
said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet
to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of
the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence
North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped
iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of
the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also
being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence
North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet
of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number
8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East
along said west line, a distance of 18.84 feet to a found capped iron pipe license number
8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes
58 seconds East along said south line and the easterly extension thereof, a distance of
136.03 feet to a found capped iron pipe license number 12682 on said east line of the
Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east
Attachment 1
line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the
westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence
North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of
Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said
Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a
distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00
minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74
and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west
line of the east 20 feet of said vacated English Street; thence North 01 degrees16 minutes
00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of
the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along
said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter
and the point of beginning.
WHEREAS, the history of this change is as follows:
1.On May 15, 2018, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent noticesto the surrounding
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. The planning commission recommended that the
city council _______ the land use plan change.
2.On May 29, 2018, the city council discussed the land use plan change. They considered
reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council ___________ the above
described change for the following reasons:
1.A goal of the Maplewood 2030 Comprehensive Plan is to promote efficient, planned
commercial and industrial expansion within the city.
2.A goal of the Maplewood 2030 Comprehensive Plan is to encourage attractive
commercial and industrial development while limiting itsimpacts on surrounding uses
byproviding adequate screening or buffering of new or expanded commercial areas
from any adjacent existing or planned residential development.
This land use plan amendment is subject to approval by the MetropolitanCouncil.
The Maplewood City Council _________ this resolution on May 29, 2018.
Attachment 2
ZONING MAP AMENDMENT RESOLUTION
WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood
Drive, has requested a change to the City of Maplewood’s zoning map from R1 (single dwelling) to
M1 (light manufacturing) for consistency between the zoning map and actual use of the land.
WHEREAS, this change applies to the property located at2780 Maplewood Drive. The legal
description of the property is:
That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION,
Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA
ADDITION, Ramsey County,Minnesota.
Also together with that part of vacated English Street.
Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4,
Township 29, Range 22 More particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of
Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along
the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said
Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36
minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the
northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West
along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to
the southwest corner of said Lot 99, being common with a point on the north line of said
Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06
seconds East along said north line, a distance of 31.54 feet to the easterly right of way line
of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said
east line, a distance of 258.84 feet to a found capped iron pipe license number 43933;
thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found
capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring
310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of
said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet
to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of
the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence
North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped
iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of
the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also
being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence
North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet
of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number
8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East
along said west line, a distance of 18.84 feet to a found capped iron pipe licensenumber
8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes
58 seconds East along said south line and the easterly extension thereof, a distance of
136.03 feet to a found capped iron pipe license number 12682 on saideast line of the
Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east
Attachment 2
line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the
westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence
North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of
Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said
Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a
distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00
minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74
and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west
line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes
00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of
the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along
said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter
and the point of beginning.
WHEREAS, the history of this change is as follows:
1.On May15, 2018, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. The planning commission recommended that the
city council _______ the zoning mapchange.
2.On May 29, 2018, the city council discussed the zoning map change. They considered
reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council ___________ the above
described change for the following reasons:
1.This proposed rezoning would enable the continued use of the existing, non-residential,
activity on site.
2.This change would comply with the comprehensive land use plan commercial
classification.
3.The proposed rezoning would meet the following six criteria for a zoning map revision as
required by city ordinance:
a.Assure itself that the proposed change is consistent with the spirit, purpose and
intent of this chapter.
b.Determine that 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.
c.Determine that the proposed change will serve the best interests and conveniences
of the community, where applicable, and the public welfare.
d.Consider the effect of the proposed change uponthe logical, efficient, and
economical extension of public services and facilities, such as public water, sewers,
police and fire protection and schools.
Attachment 2
e.Be guided in its study, review and recommendation by sound standards of
subdivision practice where applicable.
f.Impose such conditions, in addition to those required, as are necessary to ensure
that the intent of this chapter is complied with, which conditions may include but not
be limited to harmonious design of buildings; planting and the maintenance of a sight
or sound screen; the minimizing of noxious, offensive or hazardous elements; and
adequate standards of parking and sanitation.
The Maplewood City Council _________ this resolution on May 29, 2018.
Attachment 3
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood
Drive, has applied for a conditional use permit revision for its auto dealership which includes auto
repair and a car wash within the M1 (light manufacturing) district.
WHEREAS, Sections 44-637 of the city ordinances requires a conditional use permit for any
building erected, altered or conducted within 350 feet of a residential district.
WHEREAS, this permit applies to the property located at2780 Maplewood Drive. The legal
description of the property is:
That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION,
Ramsey County, Minnesota Together with that part of Lots 73, 74, 97, 98, and 99, GARDENA
ADDITION, Ramsey County, Minnesota.
Also together with that part of vacated English Street.
Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4,
Township 29, Range 22 More particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of
Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along
the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said
Lot 97 and the point of beginning of the landto be described; thence South 89 degrees 36
minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the
northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West
along said west line and the westline of said Lots 98 and 99, a distance of 245.03 feet to
the southwest corner of said Lot 99, being common with a point on the north line of said
Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06
seconds East along said north line, a distance of 31.54 feet to the easterly right of way line
of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said
east line, a distance of 258.84 feet to a found capped iron pipe license number 43933;
thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found
capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring
310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of
said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet
to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of
the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence
North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped
iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of
the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also
being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence
North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet
of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number
8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East
along said west line, a distance of 18.84 feet to a found capped iron pipe license number
8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes
Attachment 3
58 seconds East along said south line and the easterly extension thereof, a distance of
136.03 feet to a found capped iron pipe license number 12682 on said east line of the
SoutheastQuarter; thence South 01 degrees 16 minutes 00 seconds East along said east
line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the
westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence
North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of
Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said
Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a
distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00
minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74
and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west
line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes
00 seconds West along said west line, a distance of 225.00 feet to the easterly extension of
the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along
said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter
and the point of beginning.
WHEREAS, the history of this permit is as follows:
1.On May 15, 2018, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. Theplanning commission recommended that the
city council _______ the permit.
2.On May 29, 2018, the city council discussed the 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 notchange 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 usewould not exceed the design standards of any affected street.
6.The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools
and parks.
Attachment 3
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 (additions are underlined and deletions are
crossed out):
1.All construction shall follow the site plan approved by the city. The director of
community development may approve minor changes.
2.Theproposed construction must be started within one year of council approval or the
permit shall end. The council may extend this deadline for one year.
3.The city council shall review this permit in one year.
4.The propertyowner shall submit an annual report toengineering staff on the sump
catch basin effectiveness and stormwater maintenance activities.
5.The property owner shall not park on the grass or landscaped areas. The dealership
shall only park vehicles on designated paved surfaces.
6.All activity shall be confined to the site. There shall be no loading or unloading of
vehicles on the street rights-of-way. All employees must park within no site. No
employee parking is allowed on any nearby public streets.
7.The dealership shall ensure that noise from business operations, including any
external speakers, shall not exceed the state noise standards and all activities on the
site must meet all city noise regulations.
8.The dealership shall not test drive any vehicles associated with its operation on local
neighborhood roads within the City of Maplewood.
9.The dealership shall not store damaged vehicles on the site except in the building.
10.The dealership shall store all garbage, trash, waste materials, tires, vehicles parts
and obsolete parts in the building orin a fully enclosed trash container or enclosure.
11.The dealership shall not store any tires, vehicle parts, garbage, trash, waste
materials or other debris outside. All such storage must be inside the building or in
approved enclosure.
12.The dealership shall ensure that all vehicle repair, assembly, disassembly and
maintenance is done within the enclosed building.
13.Comply with all city ordinance requirements for signage and parking.
Attachment 3
14.The applicants shall obtain any required permits from the Ramsey Washington Metro
Watershed District, Ramsey County and the State of Minnesota and meet the
requirements of those agencies.
15.The applicant shall place all non-disturbed wetland buffer areas within the property
into a permanent protection easement. A copy ofthe executed easement must be
filed with the city.
16.The applicants shall provide all development agreements, maintenance agreements
and escrows required by the city. These agreements shall be executed and escrows
paid before the issuance of building permits.
The Maplewood City Council __________ this resolution on May 29, 2018.
Attachment 4
SETBACK VARIANCE RESOLUTION
WHEREAS, Morrie’s Automotive Group, owner of the property located at 2780 Maplewood
Drive, applied for a 308-foot setback variance to build an auto dealership building and associated
parking lot near residential properties the city has planned for residential use. The proposed
building would be setback 115 feet and the parking lot would be setback 42 feet.
WHEREAS, Section 44-511(4)(b) requires the sale or leasing of new and used motor
vehicles when all such activities are on the same property be setback350 feet of any property that
the city is planning for residential use.
WHEREAS, the applicant is proposing to have its new building setback 115 feet and the
parking lot 42 feet from property that the city is planning for residential use.
WHEREAS, this variance applies to the property located at2780 Maplewood Drive. The
legal description of the property is:
That part of Lots 12, 13, 14, 15, 16, 17 and 18, KOHLMAN'S LAKEVIEW ADDITION,
Ramsey County, Minnesota Together with that part of Lots 73, 74,97, 98, and 99, GARDENA
ADDITION, Ramsey County, Minnesota.
Also together with that part of vacated English Street.
Also together with that part of the Southeast Quarter of the Southeast Quarter of Section 4,
Township 29, Range 22 More particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of
Section 4; thence North 01 degrees 16 minutes 00 seconds West, assumed bearing along
the east line of said Southeast Quarter, a distance of 1540.70 to the northeast corner of said
Lot 97 and the point of beginning of the land to be described; thence South 89 degrees 36
minutes 06 seconds West along the north line of said Lot 97, a distance of 529.50 feet to the
northwest corner of said Lot 97; thence South 22 degrees 56 minutes 41 seconds West
along said west line and the west line of said Lots 98 and 99, a distance of 245.03 feet to
the southwest corner of said Lot 99, being common with a point on the north line of said
Southeast Quarter of the Southeast Quarter; thence North 89 degrees 36 minutes 06
seconds East along said north line, a distance of 31.54 feet to the easterly right of way line
of Trunk Highway No. 61; thence South 22 degrees 21 minutes 57 seconds West along said
east line, a distance of 258.84 feet to a found capped iron pipe license number 43933;
thence South 67 degrees 39 minutes 02 seconds East, a distance of 185.82 feet to a found
capped iron pipe license number 8612 on the west line of said Lot 18, said point measuring
310.34 feet south of the northwest corner of said Lot 18 as measured along the west line of
said Lot 18; thence North 88 degrees 47 minutes 59 seconds East, a distance of 65.92 feet
to a found capped iron pipe license number 8612 said point measuring 310.17 feet south of
the northwest corner of said Lot 17 as measured along the west line of said Lot 17; thence
North 86 degrees 49 minutes 18 seconds East, a distance of 198.09 feet to a found capped
iron pipe license number 8612 on the east line of said Lot 15 measuring 300.03 feet south of
the northeast corner of said Lot 15, as measured along the east line of said Lot 15, also
being the intersection with the south line of the north 300 feet of said Lots 13 and 14; thence
North 89 degrees 36 minutes 06 seconds East along said south line of the north 300.00 feet
of said Lots 13 and 14, a distance of 132.00 feet to a found capped iron pipe license number
8612 on the west line of said Lot 12; thence South 01 degrees 13 minutes 00 seconds East
Attachment 4
along said west line, a distance of 18.84 feet to a found capped iron pipe license number
8612 on the south line of the North Half of said Lot 12; thence North 89 degrees 48 minutes
58 seconds East along said south line and the easterly extension thereof, a distance of
136.03 feet to a found capped iron pipe license number 12682 on said east line of the
Southeast Quarter; thence South 01 degrees 16 minutes 00 seconds East along said east
line, a distance of 15.76 feet to a found capped iron pipe license number 12862 on the
westerly extension of the south line of the north 335 feet of said Lots 73 and 74; thence
North 89 degrees 02 minutes 00 seconds East along said south line of the north 335 feet of
Lots 73 and 74 and its westerly extension, a distance of 172.00 feet to the east line of said
Lot 73; thence North 01 degrees 16 minutes 00 seconds West along said east line, a
distance of 335.00 feet to the northeast corner of said Lot 73; thence South 89 degrees 00
minutes 27 seconds West along the north line of said Lot 73 and the north line of said Lot 74
and its westerly extension, a distance of 152.00 feet to a found capped iron pipe on the west
line of the east 20 feet of said vacated English Street; thence North 01 degrees 16 minutes
00 seconds West along said west line, a distance of225.00 feet to the easterly extension of
the north line of said Lot 97; thence South 89 degrees 36 minutes 06 seconds West along
said easterly extension, a distance of 20.00 feet to said east line of the Southeast Quarter
and the point of beginning.
WHEREAS, the history of this variance is as follows:
1.On May 15, 2018, the planning commission held a public hearing. The city staff published
a hearing notice in the Maplewood Review and sent notices to the surrounding property
owners. The planning commission gave everyone at the hearing a chance to speak and
present written statements. The planning commission recommended that the city council
_______ this variance.
2.On May 29, 2018, the city council discussed variance. They considered reports and
recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council ___________ the above
described variance for the following reasons:
1.The proposed use would be in harmony with the general purposes and intent of the
zoning ordinance since this property has been used as an auto dealership for 49 years.
2.The proposed commercial use is consistent with the commercial classification of the
Maplewood Comprehensive Plan.
3.The applicant is proposing to use the property in a reasonable manner that would
otherwise not be permitted by the city’s requirement that auto uses be setback 350 foot
from properties the city has planned for residential.
4.Strict enforcement of the ordinance would cause the applicant practical difficulties
because complying with the setback requirement stipulated by the ordinance would
prohibit the reconstruction of an auto dealership on this site.
The Maplewood City Council__________ this resolution on May 29, 2018.
Attachment 5
2780 Maplewood Drive
April 17, 2018
City of Maplewood
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Attachment 10
MAPLEWOOD, MINNESOTA
MORRIES-MERCEDES-BENZ
A BUILDING RENOVATION FOR:
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Attachment 12
MAPLEWOOD, MINNESOTA
MORRIES-MERCEDES-BENZ
A BUILDING RENOVATION FOR:
LOCATION:LOCATION:LOCATION:LOCATION:
LOCATION:
LOCATION:
LOCATION:LOCATION:LOCATION:
Attachment 12
MAPLEWOOD, MINNESOTA
MORRIES-MERCEDES-BENZ
A BUILDING RENOVATION FOR:
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Attachment 13
Attachment 14
Engineering Plan Review
PROJECT: Morrie’s Mercedes Benz
PROJECT NO: 18-12
COMMENTS BY: Jon Jarosch, P.E. – Assistant CityEngineer
DATE: 5-8-2018
PLAN SET: Engineering plansdated 5-4-2018
REPORTS: Preliminary StormwaterManagement Plan – Dated 5-7-2018
Theapplicant is proposing to demolish the existing building and construct a new auto dealership
facilitywithaccompanying site improvements.The applicant is requesting review of the current
design.
Theamount of disturbance on this site is greater than ½acre. As such,the applicantis required
to meet the City’s stormwater quality, rate control, and other stormwater management
requirements.Additionally, this project lies within the Shoreland Overlay District, which requires
water quality improvements above and beyond those set forth in the City’s standard stormwater
management requirements. The applicant is proposing to meet these requirements via the use
oftwo largeunderground infiltration systems. From the information submitted, it appears that
the proposed design meets the City’sstormwater management requirements and additional
Shoreland Overlay requirementsas is further discussed in this report.
This review does not constitute a final review of the plans, as the applicant will need to submit
construction documentsand calculationsfor final review.Thefollowing are engineeringreview
comments on the design and act as conditions prior to issuing permits.
Drainage and Stormwater Management
This site lies within the Kohlman Lake subwatershed. The west 1/3 of the site drains to the
drainage system along Highway 61, while the eastern 2/3 of the site drains to the wetland to the
east. These overall drainage patterns are proposed to be maintained. Since the site lies within
the Shoreland Overlay District(Kohlman Lake), the development is restricted to a total of 40%
impervious surface coverage without the use of impervious surface coverage bonuses(allowed
by ordinance). A bonus would allow up to 60% impervious surface coverage with the inclusion
of additional facilities for the treatment of runoff. The applicant is proposing a 51% impervious
surface coverage with this project (It should be noted that their original site plan included 55%
impervious surface coverage).To achieve the bonus for this project, the applicant was required
to infiltrate 1.65-inches of runoff (a 50% increase over the standard volume reduction
requirement) for the 11% of impervious surfaces above the 40% maximum allowed. The
applicant was still required to meet the standard volume reduction requirements for the first 40%
impervious. Through the combination of two underground infiltration systems, the proposed
Attachment 14
design meets and exceeds all standard stormwater and Shoreland Overlay District
requirements.
1)The project shall be submitted to the Ramsey-Washington Metro Watershed District
(RWMWD) for review. All conditions of RWMWD shall be met.
2)A joint storm water maintenance agreement shall be prepared and signed by the owner
for the proposed infiltration systemsand storm sewer. The Owner shall submit a signed
copy of the jointstorm-water maintenance agreementwith the Ramsey-Washington
Metro Watershed Districttothe City.
3)Soil boring information shall be submitted to support the soils types utilized in the
stormwater calculations.
4)The underground infiltration systems shall contain adequate access points or cleanouts
to ensure the system can be properly inspected and maintained.
5)The stormwater computations utilize a 21-inch diameter pipe as an overflow for the
underground infiltration system discharging into the ditch systemalong Highway 61. The
plans label this as a 15-inch pipe. Please update the plans or model to reflect the final
pipe configuration.
Grading and Erosion Control
6)All slopesshall be 3H:1V or flatter.
7)Inlet protection devices shall be installed on allexistingand proposedonsite storm
seweruntil all exposed soils onsite are stabilized.This includes storm sewer on adjacent
streets that could potentially receive construction related sedimentor debris.
8)Adjacent streetsand parking areasshall be swept as needed to keep the pavement
clear of sediment and construction debris.
9)All pedestrian facilities shall be ADA compliant.
10)The total grading volume (cut/fill) shall be noted on the plans.
11)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the
issuance of a grading permit.
Attachment 14
Sanitary Sewer and Water Service
12)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to
the improvements proposedwith this project.
13) Allmodifications to the water system shall be reviewed by Saint Paul regional Water
Services. All requirements of SPRWS shall be met.
14)All new sanitary sewer service piping shall be schedule 40 PVCor SDR35.
Other
15)A right-of-way permit and drainage permit shall be obtained from MnDotfor allwork
done within the State right-of-way along Highway 61.
Public Works Permits
The following permits are required by the Maplewood Public Works Department for this project.
The applicant should verify the need for other City permits with the Building Department.
16)Grading and erosion control permit
17)Storm Sewer Permit
18)Sanitary Sewer Permit
-END COMMENTS -
Attachment 15
SAMPLEOFLETTERSENTTOALLPROPERTIESWITHIN
500FEETANNOUNCINGNEIGHBORHOODMEETING
Attachment 15
Attachment 15
Attachment 15
Attachment 15
PLANNING COMMISSIONSTAFF REPORT
Meeting Date May 15, 2018
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:
Shann Finwall, AICP, Environmental Planner
PRESENTOR: Shann Finwall, AICP, Environmental Planner
AGENDA ITEM:
Urban Agriculture Ordinance Amendments
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
City code requires that the Planning Commission hold a public hearing when considering ordinance
amendments. The Planning Commission will review and make a recommendation regarding this
proposal. The City Council will make the final decision.
Recommended Motion:
codes to remove barriers and promote urban agriculture uses.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is enter amount or $0.00.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: Click here to enter other source or n/a.
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
give all
residents access to healthy foods.
Background
The goal of the local foods section in the Sustainability Chapter of the 2040 Comprehensive
Plan is to create a healthy, walkable community by providing healthy food options and
accessibility for all people, regardless of income. Several actions are identified to achieve
that goal including the completion of an urban agriculture zoning review to remove barriers
and promote local food access in all zoning districts. The Environmental and Natural
Resources Commission completed a zoning review in December 2017. Based on the
will facilitate urban agriculture uses while minimizing health, safety, and nuisance concerns.
The recommendations are separated into three focus areas including:
1. Animal agriculture (keeping of poultry, etc.)
2. Crop agriculture (community gardens, etc.)
3. Direct to consumer sales (farm stands, etc.)
Discussion
Animal Agriculture
Types of Urban Animal Agriculture
There are four main types of animal agriculture that could take place in a residential suburban
environment including:
1. Keeping of Poultry The keeping of poultry such as chickens for egg production, meat,
fertilization of plants, and control of garden pests. Land use concerns include noise, odor,
rodent and pest problems, and potential for the poultry to transmit diseases.
2. Keeping of Bees The keeping of honeybees for honey and pollination. The primary land
use concern with beekeeping in urban areas is the potential for stings.
3. Aquaculture and Aquaponics This includes fish farming and closed-loop systems between
plants and fish for the production and sale of plants and fish. Land use concerns include
poorly maintained systems that could cause odors or attract mosquitoes.
4. Keeping of Goats and Sheep The keeping of goats and sheep for dairy, wool, meat, and
maintaining plant growth by foraging. Land use concerns include odor, noise, damage to
property, and runaway animals.
Other forms of animal agriculture require large lots and agricultural zoning, such as raising of pigs.
Proposed Animal Agriculture Ordinance Amendments
1. Poultry
The City of Maplewood adopted a chicken ordinance on July 11, 2011. The ordinance
allows the keeping of up to ten chickens (hens only) on a residential lot with a permit.
Amendments proposed include:
a. Allowing other types of poultry in addition to chickens (i.e., quail and pheasants)
b. Changing the neighborhood consent requirements from 100 percent to a majority
consent for approval of a poultry permit.
c. Allowing the keeping of poultry on property that is not zoned single family residential
with a permit.
2
Note: The ENR Commission recommended increasing the number of poultry from ten hens
to a maximum of 30 with a permit, depending on size of lot. Staff is recommending that the
maximum number of poultry remain at ten hens.
2.Beekeeping
of animals that pose a nuisance. Insects (bees) are included in the definition of animal, so
the code could be interpreted to allow the keeping of bees as long as they do not pose a
nuisance. Amendments proposed include:
a. Allow beekeeping in any zoning district as a permitted use.
b. Hive placement requirements.
3. Aquaculture and Aquaponics
Permitted uses in the light and heavy manufacturing zoning district include the
manufacturing, assembly, or processing of food products, except meat, poultry, or fish.
Aquaculture and aquaponics involve the processing of fish and could be interpreted as a
prohibited use in these zoning districts. Amendments proposed include:
a. Amend the M-1 and M-2 Zoning Districts to allow for these uses.
4. Temporary Keeping of Goats and Sheep
t residential zoning
districts. The keeping of goats and sheep is allowed with a conditional use permit on
property zoned Farm Residential. Amendments proposed include:
a. Allow the temporary keeping of goats and sheep (up to 60 days) for vegetative
management with a permit.
b. Require a majority neighborhood consent for the temporary keeping of goats and
sheep.
c. Allow up to 75 goats or sheep, depending on size of lot.
Crop Agriculture
Types of Crop Agriculture
There were four types of crop agriculture reviewed by the ENR Commission including:
1. Community and Market Gardens - These are cultivated spaces typically gardened and
managed by one or more persons either on undeveloped lots or on leased lands for
private consumption or retail sale.
2. Front Yard Gardening - Most residential crop gardens are planted in the back or side yard.
The increasing popularity of consuming home-grown produce has expanded to the front
yard. Land use concerns include height of crops and aesthetics.
3
3. Urban Farms - For-profit agricultural operation. Land use concerns include additional
people and activity to the site, parking, lighting, signage, accessory building, large
equipment, chemical pesticides or herbicides.
4. Season Extenders - Any method of protecting crops from the elements in order to extend
the length of the growing season (hoop house, greenhouse). Land use concerns include
building code issues and aesthetics.
Proposed Crop Agriculture Ordinance Amendments
1. Community and Market Gardens
Land use concerns include parking, exterior storage, availability of water, etc. There are
existing community gardens in the City. These are located on church, school, City,
townhouse, and business properties. Two were approved through a formal city process
including a conditional use permit and as part of a park master plan. Others were installed
as part of an existing conditional use permit for schools and churches, as an accessory use
for a townhouse development, and as a pre-existing farming use. Proposed amendments
include:
a. Allow community gardens one acre or under as a permitted use in any zoning district
with standards such as setbacks, time limits for sale of produce, etc.
b. Allow community gardens over one acre in any zoning district with a conditional use
permit.
Note: The ENR Commission recommended a staff review for a community garden under
one acre. Staff is recommending that the community gardens under one acre be permitted
without a staff review as long as it meets the standards outlined in the ordinance
amendment.
2. Front Yard Gardening
but does restrict the height of tall grasses. Proposed amendments include:
a. Adding text that make it clear that front yard gardening is a permitted use in all
residential zoning districts.
3. Urban Farms
a.
b. Allow urban farms on all other zoning districts with a conditional use permit.
4. Season Extenders
The existing ordinances adequately address season extenders. Hoop houses and
greenhouses are allowed on residential property as long as the size and location meet the
er
4
200 square feet. Hoop houses and greenhouses are allowed with design review, conditional
use permit in some cases, and a building permit on commercial property. No ordinance
amendments are recommended.
Direct to Consumer Sales
Types of Direct to Consumer Sales
Direct to Consumer Sales involves consumers buying agriculture products or prepared foods
directly from farmers or venders. Direct to consumer sales can bring fresh produce into areas
where access to nutritional food is not readily available. Examples of Direct to Consumer Sale uses
uses include traffic, noise, and parking issues.
Proposed Direct to Consumer Sales Ordinance Amendments
The
Business Commercial and Light and Heavy Manufacturing Zoning Districts only for up to four
months with a permit, longer with a conditional use permit. Proposed ordinance amendment:
1.Define direct to consumer sales as the exterior sale of agricultural products or prepared
foods directly from farmers or venders to consumers.
2.Allow direct to consumer sales in all commercial zoning districts for up to four months with
permit.
Note: The ENR Commission recommended direct to consumer sales be allowed for up to six
months as approved by the City Council during the temporary sales ordinance amendment adopted
in 2015. If the City Council decides it is comfortable with extending direct to consumer sales to six
months, staff would recommend extending all temporary exterior sales to six months as well to
ensure ordinances are consistent.
Schedule
The schedule for the urban agriculture ordinance amendments are as follows:
May 14, 2018: City Council Workshop
May 15, 2018: Planning Commission (Public Hearing)
May 21, 2018: Environmental and Natural Resources Commission
June 11, 2018: City Council
June 20, 2018: Ordinance Amendments Published
Attachments
1.Urban Agriculture Zoning Review
2.Proposed Urban Agriculture Ordinance Amendments
5
Attachment 1
City of Maplewood Urban Agriculture – Zoning Review
Updated March 14, 2018
Background
The Environmental and Natural Resources (ENR) Commission’sUrban Agriculture
Subcommittee is made up of three Commissioners. The Subcommitteereviewedthe City’s
ordinances to determine areas where urban agriculture would be allowed or prohibited. In
reviewing the information, theSubcommittee focused on three types of urban agriculture
including animal agriculture (keeping of chickens, etc.), crop agriculture (community gardens,
etc.), and direct to consumer sales (farm stands, etc.). Based on this review the full ENR
Commission is recommending ordinance amendments that will remove barriers andpromote
urban agriculture uses.
Ordinance Review
1.Residential
Farm District (Sections 44-71 and 44-72): It is estimated there are 200 residential
lots that are zoned Farm District. The Farm District zoning is a remnant district from
the City’s agricultural era. As large lots were subdivided into smaller lot residential
developments, Farm zoned land wasrezoned to Single Family Residential District
(R-1).
o Permitted Uses (Section 44-71)
Commercial farming or gardening,including the use or storage of associated
equipment.
Commercial greenhouses or nurseries.
Stands for the sale of agricultural products produced on the premises.
o Conditional Uses (Section 44-72)
Livestock raising and handling.Livestock is defined as “horses, cattle, mules,
asses, goats, sheep, swine, buffalo, llamas, ostriches, reptiles, genetic
hybrids of the foregoing, and other living animals usually kept for agriculture
husbandry, or the production of edible or salable byproducts.”
A landscape business or any other similar use as an accessory use to
residential property.
Single and Double Dwelling Residential Districts Including R-1, R-1(R), R-E, R-1S,
R-2(Sections 44-101,44-117,44-152,44-192,44-241):
o Permitted Uses
Single family homes and accessory uses.
Section 44-101includes permitted uses in residential zoning districts and
specifies that commercial plant nurseries and greenhouses on a property with
a dwelling are allowed with a home occupation license.
Crop Gardens - Accessory uses include crop gardening. Most residential
crop gardens are planted in the back or side yard. The increasing popularity
of consuming home-grown produce has expanded to the front yard. Land
use concerns include height of crops and aesthetics. The City code does not
regulate where a garden can be placed on the lot, except for restrictions on
planting in the boulevard. Sight Obstructions at Intersections (Section. 32-
246): Plant material that is higher than 2 feet, 6 inches is prohibited within
the right-of-way (boulevard).
Bees - Keeping of Certain Animals (Section 10-32):No person shall keep,
maintain, or harbor within the city any animal kept in such numbers or in such
a way as to constitute a likelihood of harm to the public, which constitutes a
public nuisance.Definition of animal includes “insect.” Interpretation – bees
are allowed as long as they don’t become a nuisance.
o Conditional Uses (in the R1(R) Zoning District Only)
Commercial farming or gardening, including the use or storage or associated
equipment when on a property with a single dwelling.
Stands for the sale of agricultural products grown or produced on the
property.
o Prohibited Uses
Raising or handling of livestock and poultry(except chickens as outlined in
Article IX).
Accessory buildings without an associated dwelling on the same premises.
Commercial plant nurseries, commercial greenhouses, farms or any structure
for the sale or display of commercial products when not on a property with a
residential use.
o Home occupations (Division 2)are permitted if the following circumstances take
place for less than 30 days each year, if for more than 30 days each year the use
requires a home occupation permit approved by the City Council:
Employment of a nonresident.
Customers or customers’ vehicles on the premises.
Home Occupations must not:
Have more than one vehicle associated with the home occupation which is
classified as a light commercial vehicle.
Not generate traffic in greater volumes than would normally be expected in a
residential neighborhood.
2
Have more than one non-resident employee workingon the premises.
Have vehiclesassociated with thehome occupation parked on the street.
Example urban agriculture uses that would be allowed for 30 days per year
without a home occupation would include farm stands.
o Uses Allowed with a Permit
Chickens (Article IX): Keeping of up to ten hens with a permit approved by
City staff is allowed in residential districts (except R-1S). Maplewood’s
chicken ordinance was adopted in 2011 and allows the keeping of up to ten
hens on residential property with a permit. A property owner applying for a
permit must have consent from 100 percent of their adjacent property owners
before the City will issue the permit. The fee for a chicken permit is $75 for
the first year, and $50 thereafter.
2.Commercial
Business Commercial/Light and Heavy Manufacturing
o Permitted uses in Section 44-511include the temporary exterior sale of goods,
up to four months per year, pursuant to licensing and permitting requirements in
chapter 14, article vi, chapter 20, article IV and chapter 28, article II. This
language would allow farm stands, food trucks and push carts, and farmers
markets in the Business Commercial/Light and Heavy Manufacturing District if
the use was limited to four months.
o Conditional uses in Section 44-512include the exterior storage, display, sale or
distribution of goods or materials. This language would allow farm stands, food
trucks and push carts, and farmers markets for longer than four months in the
Business Commercial/Light and Heavy ManufacturingDistrict with a conditional
use permit.
Shopping Center District
o Conditional uses in Section 44-597include the exterior storage, display, sale, or
distribution of goods or materials. This language would allow farm stands, food
trucks and push carts, and farmers markets within the Shopping Center District
with a conditional use permit, regardless of the timeframe.
Business Commercial Modified
o Prohibited uses in Section 44-559include the exterior storage, display, sale or
distribution of goods or materials. This language would restrict farm stands, food
trucks and push carts, and farmers markets within the Business Commercial
Modified District.
Mixed Use District:
o Prohibited uses in Section 44-680include the exterior storage, display, sale or
3
distribution of goods or materials. This language would restrict farm stands, food
trucks and push carts, and farmers markets within the Mixed Use District.
Light Manufacturing District:
o Permitted uses in Section 44-636allows manufacturing, assembly or processing
of food products, except meat, poultry or fish. This language would prohibit the
assembly or processing of fish in afacility that uses aquaculture (fish farming) or
aquaponics(fish farming in a closed loop systems that create a relationship
between plants and food).
Heavy Manufacturing District:
o Permitted uses in Section 44-676allow manufacturing, assembly or processing
of food products, except meat, poultry or fish.This language would prohibit the
assembly or processing of fish in a facility that uses aquaculture (fish farming) or
aquaponics(fish farming in a closed loop systems that create a relationship
between plants and food).
Conditional Use Permits (Article V): The City Council may issue conditional use
permits for the following uses in any zoning district where they are not specifically
prohibited: “Public and private utilities, public service, or public building uses.”The
City has interpreted a “community garden” as a public use in the past and authorized
a 250 plot community garden to be developed on a vacant business commercial lot.
3.Parksand Community Preserves
The Maplewood Zoning Code and Comprehensive Plan outline codes and policies that
would allow for food production including edibles, foraging, permaculture, community
gardens, urban farms, etc., as follows:
Open Space and Parks District (Sec. 44. Division 1.): The Open Space and Parks
District section of the zoning code allows for improvements and structures within
open space lands and public parks that are consistent with the Maplewood
Comprehensive Land Use Plan.
2040 Comprehensive(Parks, Trails, and Open Space Chapter Section 3.3.1):The
goals and policies outlined in this chapter include integratingfood production in city
parks and preserves including edibles, foraging, permaculture, community gardens,
etc.
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Attachment 2
Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
ANIMAL AGRICULTURE
1.BEES
ORDINANCE NO. _______
An Ordinance Allowing the Keeping of Bees
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the animal chapter to allow the keeping of bees as a
permitted use in all zoning districts.(Additions are underlined and deletions are stricken
from the original ordinance.)
Chapter 10 (Animals), Article XI (Bees)
Sec. 10-511. Purpose
Promote the conservation, health, and diversity of bee pollinators through best practices in the
keeping of bees.
Sec. 10-512. Definitions
Bee means a domestic honeybee of the species Apis mellifera
Beekeeper means a person who is responsible for the keeping of bees on a property.
Beekeeping means the keeping of bees in a hive.
Hive means a structure intended for the housing of a bee colony.
Sec. 10-513. Beekeeping as an Accessory Use.
Beekeeping is permitted outright (in all zoning districts) as an accessory use.
Sec. 10-514.Nuisances.
Sec. 10-515. - Hive Regulations:
(1) No hive shall be located closer than five (5) feet from any property line.
(2) No hive shall be located closer than ten (10) feet from a public sidewalk.
(3) No hive shall be located closer than twenty-five (25) feet from a principal building on an
adjoining lot.
Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
2. GOATS/SHEEP
ORDINANCE NO. _______
An Ordinance Allowing the Temporary Keeping of Goats and Sheep
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goats and sheep in the Single Dwelling zoning district for prescriptive
grazing. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1) The raising or handling of livestock, poultry (except for chickens as outlined in Sections
10-476 through 10-487, Chickens) (except for goats and sheep outlined in Chapter 10,
Article X, Goats and Sheep) or animals causing a nuisance, except for licensed kennels.
(2) Accessory buildings without an associated dwelling on the same premises.
(3) Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale of display of commercial products, when not on a property with a residential use.
Section 2. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goats and sheep in the Rural Conservation Dwelling zoning district.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-118. Uses.
(3) Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
(b) The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) (except for goats and sheep outlined
in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance,
except for licensed kennels.
Section 3. This section amends the Maplewood Zoning Code to allow the temporary
keeping of goats and sheep in the Small-Lot Single-Dwelling zoning district. (Additions
are underlined and deletions are stricken from the original ordinance.)
Sec. 44-192. Uses.
(b) Prohibited uses.
(1) Accessory buildings without an associated dwelling on the same premises.
(2) The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) (except for goats and sheep outlined
in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance,
except for licensed kennels.
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(3) Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R-1S
district.
Section 4. This section amends the animal chapter to allow the temporary keeping of
goats and sheep in all zoning districts with a permit. (Additions are underlined and
deletions are stricken from the original ordinance.)
Chapter 10 (Animals), Article X (Goats and Sheep)
Sec. 10-492. Purpose.
It is the purpose of this ordinance to permit the keeping and maintenance of goats and sheep
brought in temporarily for the purpose of vegetation management.
Sec. 10-493. Definitions
Buck means a male goat.
Doe means a female goat.
Goat means an animal in the subspecies of Capra Aegagrus Hircus.
Grazing means goats or sheep eating vegetation.
Officer means any person designated by the City Manager as an enforcement officer.
Ram means a male sheep.
Sheep means and animal in the subspecies ofOvis Aries
Wethers means a castrated buck.
Sec. 10-494. Permitted Use.
The City allows the temporary keeping of goats and sheep in all zoning districts for vegetation
management with a permit issued by the City Clerk.
Sec. 10-495. Permit Required.
(1)No person shall stable, keep, or permit any goats or sheep to remain on any lot or
premises within the city without a permit. The City Manager or their designee shall grant
a permit for goats or sheep after the applicant has met all requirements contained in this
ordinance.
(2) The Officer shall grant a permit for the temporary keeping of goats or sheep after the
property ownerhas obtained the written consent of a majority (over 50 percent) of the
property owners of privately or publicly owned real estate that are located adjacent (i.e.,
sharing property lines) on the outer boundaries of the premises for which the permit is
lines are one
hundred fifty (150) feet or more from any houseor business.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
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(3) Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner, manager, or other person in
charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deems necessary.
Sec. 10-496. Application.
Any person desiring a permit required under the provisions of this ordinance shall make written
application to the City Clerk upon a form prescribed by and containing such information as
required by the City Clerk and officer. Among other things, the application shall contain the
following information:
(1) A description of the real property upon which it is desired to keep goats or sheep.
(2) The breed and number of goats or sheep to be maintained on the premises.
(3) The timeframe for grazing at the property.
(4) A site plan of the property showing the location and size of the proposed grazing area.
Grazing must follow the wetland ordinance.
(5) List of person(s) managing and monitoring the goats and sheep.
(6) Statements that the applicant will at all times keep the goats and sheep in accordance
with all of the conditions prescribed by the officer, or modification thereof, and that failure
to obey such conditions will constitute a violation of the provisions of this ordinance and
grounds for cancellation of the permit and/or the issuance of a citation to the applicant.
Sect 10-497. - Limitations for the Keeping of Goats and Sheep:
(1) Permitted and Prohibited Goats and Sheep: Does and Wethers are permitted; Bucks
and Rams are prohibited.
(2)Fences: Every owner, keeper, custodian, or harborer of goats or sheep shall erect
and/or maintain a fence, as described in this ordinance and the fence ordinance found in
Section 12-3, to contain and confine all goats and sheep kept or maintained on the
premises. The fence shall be at least five (5) feet in height and the meshing shall be of a
size to contain the goats and sheep. The goats and sheep may be moved to a separate
holding pen at night, which shall be located the maximum distance practicable from
residences.
(3) Number of Goats or Sheep Allowed: Up to four (4) goats or sheep on parcels that are
ten thousand (10,000) square feet in area or less, with one (1) additional goat or sheep
per every one thousand (1,000) square feet of lot area over ten thousand (10,000)
square feet, to a maximum of seventy-five (75) goats or sheep per parcel.
(4) Maintenance: All sites on which goats or sheep are kept or maintained shall be kept
clean from filth, garbage, and any substances which attract rodents.
(5) Odor: The site shall be cleaned frequently enough to control odor. Manure shall not be
allowed to accumulate in a way that causes an unsanitary condition or causes odors
detectible on another property. Failure to comply with these conditions may result in the
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Proposed Maplewood Urban Agriculture Ordinance Amendments
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City revoking the permit and requiring the removal of the goats or sheep from the
premises.
(6) Nuisance: Goats or sheep shall not be kept in such a manner as to constitute a
nuisance to the occupants of adjacent property.
Sec. 10-498. Violations.
(1) Any person violating this ordinance shall be deemed guilty of a misdemeanor and upon
conviction, shall be punished in accordance with Section 1-15.
(2) If any person is found guilty by a court for violation of this ordinance, their permit to
temporarily keep goats or sheep shall be deemed automatically revoked and no new
permit may be issued for a period of one (1) year.
(3) Any person violating any conditions of this permit shall reimburse the city for all costs
borne by the city to enforce the conditions of the permit including but not limited to the
pickup and impounding of goats and sheep.
Sec 10-499. Term of Permit
No property owner or person shall store on a property goats or sheep for more than sixty (60)
days in any twelve (12) month period starting with the date the animals are moved on the
parcel. The city may grant a time extension of an additional sixty (60) days provided the
property owner gets approval from the city.
Sec. 10-500. Application Fees.
The application fee for a goat or sheep permit under this ordinance shall be set by the city
council, by resolution, from time to time.
Sec.10-501. Revocation.
Such permit may be modified from time to time or revoked by the officer for failure to conform
to such restrictions, limitations, prohibitions. Such modification or revocation shall be
effective after ten (10) days following the mailing of written notice thereof by certified mail to
the person or persons keeping or maintain such goats or sheep.
Sec. 10-50210-510 Reserved.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
3. POULTRY
ORDINANCE NO. _______
An Ordinance Allowing the Keeping of Poultry in
All Zoning Districts
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to amend definitions for
livestock and poultry. (Additions are underlined and deletions are stricken from the
original ordinance.)
Sec. 44-6. Definitions.
Livestock means horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches,
reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture,
husbandry, or the production of edible or salable byproducts. This definition shall be expressly
construed as having no application to the ownership or disposition of poultry.animals addressed
by chapter 10.
Poultry means domesticated birds in the order of Galliformes (excluding the genus Meleagris)
that serve as a source of eggs or meat.and that include among commercially important kinds,
chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others.
Section 2. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Single Dwelling Residential zoning districts with a permit. (Additions are
underlined and deletions are stricken from the original ordinance.)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 Residence district:
(1) The raising or handling of livestock,poultry (except for chickens as outlined in Sections
10-476 through 10-487, Chickens) or animals causing a nuisance, except for licensed
kennels.*
(2) Accessory buildings without an associated dwelling on the same premises.
(3) Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale of display of commercial products, when not on a property with a residential use.
*Note: Change this section if the temporary keeping of goat/sheep ordinance is approved.
Section 3. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Rural Residential zoning districts with a permit. (Additions are underlined
and deletions are stricken from the original ordinance.)
Sec. 44-118. - Uses.
(3) Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
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Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
(b) The raising or handling of livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) or animals causing a nuisance,
except for licensed kennels.*
*Note: Change this if the temporary keeping of goat/sheep ordinance is approved.
Section 4. This section amends the Maplewood Zoning Code to allow the keeping of
poultry in the Small-Lot Single-Dwelling zoning districts with a permit. (Additions are
underlined and deletions are stricken from the original ordinance.)
Sec. 44-192.Uses.
(b) Prohibited uses.
(1) Accessory buildings without an associated dwelling on the same premises.
(2) The raising or handling of livestock, poultry or animals causing a nuisance,
except for licensed kennels.
(3) Because of small lot sizes in the R-1S district, the keeping of chickens as
outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R-1S
district.
Section 5
address the permitting requirements for poultry in all zoning districts. (Additions are
underlined and deletions are stricken from the original ordinance.)
Chapter 10 (Animals), Article IX (PoultryChickens)
Sec. 10-476. Definitions.
Brooding means the period of poultrychicken growth when supplemental heat must be provided,
Coop means the structure for the keeping or housing of poultrychickens permitted by the
ordinance.
Exercise yard means a larger fenced area that provides space for exercise and foraging for the
birds when supervised.
Hen means a female chicken.
Officer means any person designated by the city manager as an enforcement officer.
Poultry means domesticated birds in the order of Galliformes (excluding the genus Meleagris)
that serve as a source of eggs or meat.
Rooster means a male domesticated bird in the order of Galliformes.
Run means a fully enclosed and covered area attached to a coop where the poultrychickens
can roam unsupervised.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
Updated April 13, 2018
Sec. 10-477. Purpose.
be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the
keeping and maintenance of poultryhens for egg and meat sources in a clean and sanitary
manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the
community.
Sec. 10-478. Investigation and Enforcement.
Officers designated by the city manager shall have authority in the investigation and
enforcement of this article, and no person shall interfere with, hinder or molest any such officer
in the exercise of such powers. The officer shall make investigations as is necessary and may
grant, deny, or refuse to renew any application for permit, or terminate an existing permit under
this article.
Sec. 10-479. Limitations for the keeping of poultry: each single dwelling residential unit, except
the R-1S district where the keeping of chickens is prohibited:
(a) Keeping of poultry is allowed in all zoning districts with a permit.
(ba) Number of Poultry: Up to ten (10) poultry on any lot. No more than ten (10) hens shall
be housed or kept on any one (1) residential lot in any area of the city zoned for single
dwelling residential with a permit as outlined below.
(cb) Roosters:Roosters are prohibited.
(dc) Slaughtering:Slaughtering of poultrychickens on the property is prohibited.
(d) Leg banding of all chickens is required. The bands must identify the owner and the
(e) Coop Standards:A separate coop is required to house the poultrychickens.Coops
must be constructed and maintained to meet the following minimum standards:
(1) Located in the rear or side yard.
(2) Setback at least five (5) feet from the rear or side property lines.
(3) Interior floor space four (4) square feet per bird.
(4) Interior height six (6) feet adequate room to allow access for cleaning and
maintenance.
(5) Doors one (1) standard door to allow humans to access the coop and one (1)
for birds (if above ground level, must also provide a stable ramp).
(6) Windows one (1) square foot window per ten (10) square feet floor space.
Windows must be able to open for ventilation.
(7) Climate control adequate ventilation and/or insulation to maintain the coop
temperature between 32 85 degrees Farenheit.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
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(8) Nest boxes one (1) box per every three (3) birdshens.
(9) Roosts shall be sufficient for the number of birds in the coop.one and one-half
(1 1/2) inch diameter or greater, located eighteen (18) inches from the wall and
two (2) to three (3) inches above the floor.
(10) Rodent proof coop construction and materials must be adequate to prevent
access by rodents.
(11) Coops shall be constructed and maintained in a workmanlike manner.
(f) Poultry Run: A run or exercise yard is required.
(1) Runs must be constructed and maintained to meet the following minimum
standards:
a) Location: rear or side yard.
b) Size: Ten (10) square feet per bird, if access to a fenced exercise yard is
also available; sixteen (16) square feet per bird, if access to an exercise
yard is not available. If the coop is elevated two (2) feet so the
poultryhens can access the space beneath, that area may count as a
portion of the minimum run footprint.
c) Height: Adequate roomSix (6) feet in height to allow access for cleaning
and maintenance.
1) Gate: One gate to allow human access to the run.
2) Cover: Adequate to keep poultryhens in and predators out.
3) Substrate: Composed of material that can be easily raked or
regularly replaced to reduce odor and flies.
(2) Exercise Yards:Exercise yards must be fenced and is required if the run does
not provide at least sixteen (16) square feet per bird. Exercise yards must
provide a minimum of one-hundred seventy-four (174) square feet per
birdchicken.
(g) Prohibited Storage of Poultry:
(1) PoultryChickens must not be housed in a residential house or commercial
building attached or detached garage, except for brooding purposes only.
(2) Poultry must not be housed in an attached or detached garage, except for
brooding purposes only.
(h) Unsanitary Conditions: All premises on which poultryhens are kept or maintained shall
be kept clean from filth, garbage, and any substances which attract rodents. The coop
and its surrounding must be cleaned frequently enough to control odor. Manure shall
not be allowed to accumulate in a way that causes an unsanitary condition or causes
odors detectible on another property. Failure to comply with these conditions may result
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Proposed Maplewood Urban Agriculture Ordinance Amendments
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in the officer removing poultrychickens from the premises and/or revoking a
poultrychicken permit.
(i) Food Storage: All grain and food stored for the use of the poultryhens on a premise with
apoultrychicken permit shall be kept in a rodent proof container.
(j) Nuisances:PoultryHens shall not be kept in such a manner as to constitute a nuisance
to the occupants of adjacent property.
(k)Disposal: Dead poultrychickensmust be disposed of according to the Minnesota Board
of Animal Health rules which require poultrychickencarcasses to be disposed of as soon
as possible after death, usually within forty-eight (48) to seventy-two (72) hours. Legal
forms of poultrychickencarcass disposal include burial, off-site incineration or rendering,
or composting.
Sec. 10-480. Permitrequired.
(1) Permit required.
The officer shall grant a permit for poultrychickens after the applicant has
obtainedsought the written consent of a majority (over 50 percent)one hundred (100)
percent of the owners or occupants of privately or publicly owned real estate that are
located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for
s
property lines are one hundred fifty (150) feet or more from any house or business.
Where an adjacent property consists of a multiple dwelling or multi-tenant property, the
applicant need obtain only the written consent of the owner or manager, or other person
in charge of the building. Such written consent shall be required on the initial application
and as often thereafter as the officer deems necessary.
Sec. 10-481. Application.
(2) Application.
Any person desiring a permit required under the provisions of this article shall make
written application to the city clerk upon a form prescribed by and containing such
information as required by the city clerk and officer. Among other things, the application
shall contain the following information:
(a1) A description of the real property upon which it is desired to keep the
poultrychickens.
(b2) The genusbreed and number of poultrychickens to be maintained on the
premises.
(c3) A site plan of the property showing the location and size of the proposed
poultrychicken coop and run, setbacks from the poultrychicken coop to property
lines and surrounding buildings (including houses and buildings on adjacent lots),
and the location, style, and height of fencing proposed to contain the
poultrychickens in a run or exercise area. Portable coops and cages are
allowed, but portable locations must be included with the site plan.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
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(d4) Statements that the applicant will at all times keep the poultrychickens in
accordance with all of the conditions prescribed by the officer, or modification
thereof, and that failure to obey such conditions will constitute a violation of the
provisions of this chapter and grounds for cancellation of the permit.
(e5) Such other and further information as may be required by the officer.
Sec. 10-482. Permit conditions.
(3) Permit conditions.
(1) If granted, the permit shall be issued by the city clerk and officer and shall state the
conditions, if any, imposed upon the permitted for the keeping of poultrychickens under
this permit. The permit shall specify the restrictions, limitations, conditions and
prohibitions which the officer deems reasonably necessary to protect any person or
neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance,
or to protect the public health and safety. Such permit may be modified from time to
time or revoked by the officer for failure to conform to such restrictions, limitations,
prohibitions. Such modification or revocation shall be effective after ten (10) days
following the mailing of written notice thereof by certified mail to the person or persons
keeping or maintain such poultrychickens.
Sec. 10-483. Violations.
(4) Violations.
(a1) Any person violating any of the sections of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction, shall be punished in accordance with
section 1-15.
(b2) If any person is found guilty by a court for violation of this section, their permit to
own, keep, harbor, or have custody of poultrychickens shall be deemed
automatically revoked and no new permit may be issued for a period of one (1)
year.
(c3) Any person violating any conditions of this permit shall reimburse the city for all
costs borne by the city to enforce the conditions of the permit including but not
limited to the pickup and impounding of poultrychickens.
Sec. 10-484. Required; exceptions.
(5) Required; exceptions.
No person shall (without first obtaining a permit in writing from the city clerk) own, keep,
harbor or have custody of any live poultrychicken.
Sec. 10-485. Fees; issuance.
(6) Fees; issuance.
For each poultry permitresidential site the fee for a permit is as may be imposed, set,
established and fixed by the City Council, by resolution, from time to time.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
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Sec. 10-486. Term.
(7) Term.
Permits issued under this division shall have a duration period of twoone years. The first
two years of a permit shall require an annual inspection after year one.Theexpiration
date of such permit is as may be imposed, set, established and fixed by the city clerk,
from time to time. A permit renewal application shall be filed with the office of the city
clerk prior to the expiration date.
Sec. 10-487. Revocation.
(8) Revocation.
The city manager may revoke any permit issued under this ordinance if the person
holding the permit refuses or fails to comply with this ordinance, with any regulations
promulgated by the city council pursuant to this ordinance, or with any state or local law
governing cruelty to animals or the keeping of animals. Any person whose permit is
revoked shall, within ten (10) days thereafter, humanely dispose of all poultrychickens
being owned, kept or harbored by such person, and no part of the permit fee shall be
refunded.
Sec. 10-48110-491. Reserved.
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CROP AGRICULTURE
1. COMMUNITY AND MARKET GARDENS
ORDINANCE NO. _______
An Ordinance Allowing Community and Market Gardens
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section creates a new ordinance to allow for community and market
gardens of one acre or less as a permitted use and over one acre as a conditional use in
all zoning districts. (Additions are underlined and deletions are stricken from the original
ordinance.)
Chapter 18, Article V, Division 9 (Community and Market Gardens)
Sec. 18-610. Definitions.
A Community and Market Garden are cultivated spaces typically gardened and managed by
one or more persons either on undeveloped lots or on leased lands for private consumption or
retail sale.
Sec. 18-611. Community and Market Gardens Under One Acre in Size.
(a) Allowed in any zoning district with the following standards:
(1) Maintain a 5-foot setback to all property lines.
(2) On-site sales shall be limited only to products grown on the site with the following
requirements:
1) Sales shall be limited to no more than thirty (30) calendar days a year.
2) Sales shall only take place between the hours of 7am 7pm.
3) Sales shall not take place on the public sidewalk or boulevard.
(3) Soil tests showing that lead levels are less than one hundred parts per million
(100ppm), or raised planting beds with soil barriers and clean, imported soil will
be required.
(4) Community or market garden accessory structures are allowed including
greenhouses and hoop houses. A building permit is required for structures larger
than 200 square feet in area.
(5) Subject to minimum property maintenance standards as outlined in Maplewood
City ordinances.
(6) Abide by noise regulations as outlined in Maplewood City ordinances.
(7) Be conducted in a manner that controls odor, dust, erosion, lighting, and noise
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and is in compliance with City standards so as not to create a nuisance.
(8) Any tools, equipment, and material shall be stored and concealed within an
enclosed, secure structure.
(b) When a community or market garden has been discontinued:
(1) The property shall be restored with native plantings; or at a minimum grass and
ground cover to control erosion, dust, and mud.
(2) All structures accessory to the community or market garden shall be removed.
Sec. 18-612. Community or Market Gardens Over One Acre in Size.
Allowed with a conditional use permit pursuant to 44-1092.
Section 2. This section amends the Maplewood Zoning Code to add a definition for
community and market gardens. (Additions are underlined and deletions are stricken
from the original ordinance.)
Chapter 44 (Zoning), Article I (In General)
Sec. 44-6.Definitions.
Community and Market Garden are cultivated spaces typically gardened and managed by one
or more persons either on undeveloped lots or on leased lands for private consumption or
retail sale.
Section 3. This section amends the Maplewood Zoning Code to allow for community and
market gardens over one acre with a conditional use permit in any zoning district.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-1092. Conditional uses.
The city council may issue conditional use permits for the following uses in any zoning district in
which they are not specifically prohibited:
(8) Community and Market Gardens Over One Acre in Size
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2. FRONT YARD GARDENING/PERMACULTURE
ORDINANCE NO. _______
An Ordinance Allowing Front Yard Gardening and Permaculture
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to allow for front yard
gardening and permaculture as a permitted use in all residential zoning districts.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec 44-6. Definitions.
Home garden is a garden within a residential property.
Sec. 44-101. Permitted uses.
The only uses permitted in the R-1 residence district are as follows:
1. One single-family dwelling and its accessory buildings and uses on each lot. ...
6. Home garden.
Section 44-103. Prohibited uses.
The following uses are prohibited in the R-1 residence district:
2. Accessory buildings without an associated dwelling on the same premises, except for
accessory buildings approved as part of a community or market garden.
Section 2. This section amends the rental housing maintenance code to add clarifying
language that identifies that permaculture is allowed as a permitted use in all residential
zoning districts. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 12-99. Yards.
(d) Removal of noxious weeds. The yard shall be free from noxious weeds and tall
nonnative turf grass as required in section 18-31(8).
(h) Yards and landscaped areas. The owner shall maintain all yards and landscaping and
replace all damaged or dead plants required by the city. If a yard is landscaped with tall
native grasses, a five (5) foot wide manicured buffer of mowed grass or other shorter
plants will be required around the perimeter of the yard that is adjacent other properties
with manicured lawns.
Section 3. This section amends the owner-occupied housing maintenance code to add
clarifying language that identifies that permaculture is a permitted use in all residential
zoning districts. (Additions are underlined and deletions are stricken from the original
ordinance.)
Sec. 12-147 Exterior property areas.
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(b) Removal of noxious weeds and pests. All exterior property areas shall be kept free from
noxious weeds and tall nonnative turf grass species of weeds or plant growth, rodents,
vermin or other pests which are noxious or detrimental to the public health.
Section 4. This section amends the nuisance code to add clarifying language that
identifies that permaculture is not a nuisance. (Additions are underlined and deletions
are stricken from the original ordinance.)
Sec. 18-31. Nuisances affecting health, safety, comfort or repose.
The following are hereby declared to be public nuisances affecting health, safety, comfort or
repose:
(8) All noxious weeds. Noxious weeds shall be as defined by the state department of
agriculture. Tall nonnative turf grasses and other rank growths that are adversely
affecting the public health, safety, welfare, comfort or repose shall also be considered a
public nuisance. Wetlands and public open space such as parks, nature center or
county open space, are exempted from the tall nonnative turf grass part of this
subsection. The noxious weed requirements shall apply. The environmental health
officer shall interpret and enforce this subsection, subject to an appeal to the city council.
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3. URBAN FARMS
ORDINANCE NO. _______
An Ordinance Allowing Urban Farms
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
Section 1. This section amends the Maplewood Zoning Code to define urban farms.
(Additions are underlined and deletions are stricken from the original ordinance.)
Sec. 44-6. Definitions.
Urban farms means large-scale gardening in an urban environment for training or production.
Section 2. This section amends the Conditional Use Permit ordinance to allow urban
farms with a conditional use permit in any zoning district.
Sec. 44-1092. Conditional uses.
The city council may issue conditional use permits for the following uses in any zoning district in
which they are not specifically prohibited:
(9) Urban Farms
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4. DIRECT TO CONSUMER SALES
Section 1. This section amends the Maplewood Zoning Code to define direct to
consumer sales and exterior sale of goods. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-6. Definitions.
Direct to consumer sales means the sale of agricultural products or prepared foods directly from
farmers or venders to consumers including, but not limited to, community supported agriculture,
Exterior sale of goods means the exterior storage, display, sale, or distribution of goods or
materials, but not including a junkyard, salvage automobile, or other wrecking yard, and direct to
consumer sales.
Section 2. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Neighborhood Commercial zoning district as an accessory use. (Additions
are underlined and deletions are stricken from the original ordinance.)
Sec. 44-428. Accessory uses.
(3) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 3. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Commercial Office zoning district. (Additions are underlined and deletions
are stricken from the original ordinance.)
Sec. 44-472. Permitted uses.
(7) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 4. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Business Commercial zoning district. (Additions are underlined and
deletions are stricken from the original ordinance.)
Sec. 44-511. Permitted uses.
The city shall only permit the following uses in a BC business commercial district:
(19) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 5. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Limited Business Commercial zoning district. (Additions are underlined and
deletions are stricken from the original ordinance.)
Sec. 44-536. Permitted uses.
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Proposed Maplewood Urban Agriculture Ordinance Amendments
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(c) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 6. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Business Commercial Modified zoning district. (Additions are underlined
and deletions are stricken from the original ordinance.)
Sec. 44-557. Permitted uses.
(11) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Sec. 44-559. - Prohibited uses.
Prohibited uses in the BC(M) business commercial district (modified) are as follows:
(3) The exterior storage, display, sale, or distribution of equipment, goods, or materials,
except direct to consumer sales.
Section 7. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Shopping Center zoning district. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-596. Permitted uses.
(13) Direct to consumer sales, up to four (4) months per year, pursuant to licensing and
permitting requirements in chapter 14, article VI, chapter 20, article IV and chapter 28,
article II.
Section 8. This section amends the Maplewood Zoning Code to allow direct to consumer
sales in the Mixed Use zoning district. (Additions are underlined and deletions are
stricken from the original ordinance.)
Sec. 44-680. - Uses.
Type of UsesPermitted (P)
Conditional Use Permit (CUP)
Prohibited (P)
Exterior storage, display, sale or distribution of goods or materials. P*PR
Direct to consumer sales, up to four (4) months per year. P
*Pursuant to licensing and permitting requirements in chapter 14, article VI, chapter 20, article IV and
chapter 28, article II.
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