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2019-01-15 PC Packet
AGENDA CITY OF MAPLEWOOD PLANNING COMMISSION Tuesday, January 15, 2019 7:00 PM Council Chambers - Maplewood City Hall 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. November 20, 2018 5. Public Hearing a. 7:00 p.m. or later: Conditional Use Permit Resolution, Used Auto Sales, 1955 County Road D East 6. New Business a. Planning Commission's Rules of Procedure —Annual Review b. City Council Meeting Attendance Schedule for Planning Commissioners c. 2018 Planning Commission Annual Report 7. Unfinished Business a. Amend City Code To Require Developer Open House Meeting For Major Land Use Applications 8. Visitor Presentations 9. Commission Presentations a. January 28, 2019 city council meeting — Commissioner Desai • Conditional Use Permit Resolution, Used Auto Sales, 1955 County Road D East b. February 11, 2019 city council meeting — Commissioner Arbuckle • 2018 Planning Commission Annual Report • Planning Commission's Rules of Procedure —Annual Review 10. Staff Presentations 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 20, 2018 7:00 P.M. 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:11 p.m. by Chairperson Arbuckle. 2. ROLL CALL Paul Arbuckle, Chairperson Present Frederick Dahm, Commissioner Present Tushar Desai, Commissioner Present John Donofrio, Commissioner Present John Eads, Commissioner Present Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Staff Present: Michael Martin, Economic Development Coordinator 3. APPROVAL OF AGENDA Commissioner Kempe moved to approve the agenda as submitted. Seconded by Commissioner Desai. Ayes —All The motion passed. 4. APPROVAL OF MINUTES Commissioner Desai moved to approve the October 16, 2018, PC minutes as submitted. Seconded by Commissioner Kempe. Ayes —All The motion passed. 5. PUBLIC HEARING None. 6. NEW BUSINESS a. North End Study Presentation and Discussion i. Michael Martin, Economic Development Coordinator, gave a brief introduction of the North End Study Presentation and introduced the speaker. ii. Jay Demma, representing Perkins + Will gave the North End Study Presentation. • The next steps are to conduct business and community outreach through early December. • Update the City Council on November 26, 2018. • The next North End Working Group Meeting #2 will be November 28, 2018 at the Gladstone Fire Station from 6 p.m. to 8 p.m. November 20, 2018 1 Planning Commission Meeting Minutes No Action is required at this time. b. Amend City Code To Require Developer Open House Meeting For Major Land Use Applications i. Economic Development Coordinator, Michael Martin gave the presentation on Amending City Code to Require Developer Open House Meeting For Major Land Use Applications and answered questions of the commission. The commission would like to define the term "Major" for Land Use Applications and also have more options for the exemptions to the open house requirement as stated in the staff report. Commissioner Kempe moved to table Amending the City Code to Require Developer Open House Meeting for Maior Land Use. Seconded by Commissioner Desai. Ayes —All The motion to table passed. c. Amend City Code to Require Removal of Abandoned Signs i. Economic Development Coordinator, Michael Martin gave the report on Amending City Code to Require Removal of Abandoned Signs and answered questions of the commission. Staff stated the CDRB tabled this item and directed staff to look at additional details regarding what constitutes the removal of abandoned signs. I Commissioner Ige moved to approve Amending City Code to Require Removal of Abandoned Signs. Seconded by Commissioner Dahm. Commissioner Donofrio made a friendly amendment that the city should take the sign down if the business owner does not remove the sign. Commissioner Ige did not accept the friendly amendment. Ayes — Commissioner Dahm & Ige Nays — Chairperson Arbuckle, Commissioner's Desai, Donofrio, Eads, & Kempe The motion failed. The five commission members that voted Nay stated they didn't like the city code regarding the removal of abandoned signs as it was presented. Chairperson Arbuckle offered to make a motion to table this item but the commission said they were fine voting nay for the abandoned sign code amendment. 7. UNFINISHED BUSINESS None. November 20, 2018 2 Planning Commission Meeting Minutes 8. VISITOR PRESENTATIONS None. 9. COMMISSION PRESENTATIONS a. November 13, 2018, City council meeting —Commissioner Dahm • Conditional Use Permit Resolution, Community Center, 1800 White Bear Avenue North, was passed by the city council. • Resolution Authorizing Submittal to the Metropolitan Council, 2040 Comprehensive Plan, was passed by the city council. There are a few more steps to go through before it is adopted. 10. STAFF PRESENTATIONS None. 11. ADJOURNMENT Chairperson Arbuckle adjourned the meeting at 8:47 p.m. r November 20, 2018 3 Planning Commission Meeting Minutes PLANNING COMMISSION STAFF REPORT Meeting Date January 15, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Jane Adade, Planner PRESENTER: Jane Adade, Planner AGENDA ITEM: Conditional Use Permit, Used Car Dealership, 1955 County Road D East Action Requested: ✓ Motion ❑ Discussion ✓ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The applicant is requesting approval of a conditional use permit (CUP) to convert the vacant building at 1955 County Road D East into a used car dealership. Recommended Action: Motion to approve the conditional use permit resolution attached for a used car dealership at 1955 County Road D East. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. 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. The city deemed the applicant's application complete on December 24, 2018. The initial 60-day review deadline for a decision is February 22, 2019. 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 On December 17, 1985, the city approved plans for a Rocky Rococo restaurant for this site but it was never built. On September 15, 1987, the city approved plans for a Ziebert ZAPS Service Center. Discussion Zoning The site is currently zoned as business commercial (BC). In the business commercial district, the sale or leasing of used motor vehicles are allowed with a conditional use permit if the use would not be located within 350 feet of residential property. The proposed used car dealership would not be located within 350 feet of any residential property within the city. Proposed Use The applicant is proposing to convert the vacant building at this site into a used car dealership. The applicant proposes to have 26 vehicles on display outside of the building and utilize the garage for the storage of vehicles. The dealership is proposed to operate Mondays to Saturdays, between 9:00 a.m. and 8:00 p.m. Parking There are currently 32 regular parking spaces and 1 accessible parking space on site. Section 44- 17(a) of the city ordinance requires one parking space for each 200 square feet of office area. The site would have 938 square feet of office space thus requiring 5 parking spaces for customers, and one parking space each for the 3 employees. A total of 8 parking spaces are required by code. The applicant proposes to display vehicles on the outside of the building. The applicant shall restrict vehicles on display to the side and rear of the building and away from parking spaces designated for customers. Exterior Improvements The applicant proposes to repaint the building, restripe the parking lot and update the lighting throughout the building. There are no proposed changes to the size of the building. Staff inspected the site and found trash and debris on the site. Staff is recommending the applicant construct trash dumpsters and enclosures if trash would be stored outside the building, and clear all rubbish from site prior to the issuance of a certificate of occupancy for the building. Conditional Use Permit Standards City code requires that the City finds that all nine standards outlined in the conditional use permit ordinance are met prior to approval. The standards are outlined in the reference information attached. Staff finds that the proposed conditional use permit for a used car dealership meets the conditional use permit standards. Department Comments Engineering Jason Jarosch, Assistant City Engineer, reviewed this project and had no comments. Building Official, Jason Brash The garage / indoor showroom shall meet 2015 MN accessibility code. Provide two sets of signed stamped rolled plans and a digital PDF with permit application if remodeling the space. If no building permits are necessary apply for an occupancy permit and have inspection before opening. Build / remodel 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. All commercial building contractors doing work in Maplewood must be licensed by the City of Maplewood. Also, all plumbing, heating, gas, excavating, sewer, masonry, contractors must be licensed by the City of Maplewood. For specific licensing questions please call 651-249-2300. Separate permits are required for building, plumbing, mechanical, electrical, fire alarm, and sprinklers. Public Safety, Scott Nadeau Police Chief, Scott Nadeau reviewed the submitted plans and had these comments regarding safety The City of Maplewood has one of the highest auto theft, and theft from auto rates in the state, much of it due to the number of automobile dealerships. I would request that the planning commission look at this plan with an eye to the following: 1. What fencing can be installed to keep people from stealing or breaking into cars? Fencing around the rear and sides of the dealership would be an effective deterrent, and the dealership could either install a gate at the entrance or position cars as "blockers" to prevent auto theft. At present all a thief would have to do is drive a car out of the parking lot or over the boulevard. 2. What consideration is being given to outdoor lighting and other security measures that is intended to prevent auto theft and theft from auto? The police department has an officer who is certified in Crime Prevention through Environmental Design. The applicant is urged to work with the police department on ensuring a safe and anti theft environment. Fire, Steve Lukin Fire Chief, Steve Lukin reviewed the project and had no concerns with the proposed use. Environmental Health Officer, Molly Wellens Molly Wellens, Environmental Health, reviewed the project and had no comments. Commission Review Planning Commission January 15, 2019: The planning commission will hold a public hearing and make a recommendation on this project. Citizen Comments Staff surveyed the 17 surrounding property owners within 500 feet of the site for their opinion about this proposal. Staff received three responses: 1. 1905 County Road D East: I would have objection as long as it is an upscale dealership and they follow through with the criteria. 2. 1915 County Road D East, BCNNR Enterprises LLC: Although a used car dealership would not be our first choice for a new business at this location given our primary focus of pediatric dental care.The new tenant's intention to maintain and"freshen up"the property will be greatly appreciated and welcomed. The current state of the property is in disrepair and poor maintenance, so any activity and upgrades will be greatly welcomed. 3. 1935 County Road D East, Tires Plus: We are pleased to see reinvestment in the area. Reference Information Site Description Site Size: 0.72 acres Existing Land Use: Vacant Building Surrounding Land Uses North: Intestate 694/White Bear Lake South: Shopping Center Southwest: Fitness Gym, LA Fitness East: Restaurant, Taco Bell West: Auto Repair Shop, Midas Planning Existing Land Use: Business Commercial (BC) Existing Zoning: Commercial (C) Standards for a Conditional Use Permit Section 44-1097 of the conditional use permit ordinance states that a conditional use permit may be approved, or amended by satisfying all of the following standards for approval: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Attachments 1. Conditional Use Permit Resolution 2. Overview Map 3. Zoning Map 4. Landuse Map 5. Applicant's Narrative 6. Applicant's Plans 7. Jason Brash, Building Official, building report dated January 7, 2019 Attachment 1 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Joshua Burrs, on behalf of The Car Buying Center, has applied for a conditional use permit for a used car dealership at 1955 County Road D East. WHEREAS, conditional use permits are required for the sale of used motor vehicles within the City of Maplewood according to section 44-512. WHEREAS, this permit applies to the site at 1955 County Road D East. The legal description is: That part of Lot 1, Block 3, Viking Development Addition, according to the recorded plat thereof described as follows: Commencing at the southeast corner of said Lot 1; thence on an assumed bearing of West, along the south line of said Lot 1, a distance of 145.00 feet to the point of beginning of the land to be described; thence continuing west, along said south line, a distance of 140.00 feet; thence on a bearing of North a distance of 236.91 feet; to the north line of said Lot 1; thence South 82 degrees 57 minutes 00 secounds East, along said north line, a distance of 141.07 feet, to the intersection with a line bearing North from the point of beginning; thence on a bearing of South a distance of 219.59 feet, to the point of beginning. Ramsey County, Minnesota. PID 35-30-22-34-0015 WHEREAS, the history of this conditional use permit revision is as follows: 1. On January 15, 2019, 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 revision. 2. On February 28, 2019, 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. Attachment 1 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. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Any exterior improvements would require city review for design approval. 2. The applicant shall comply with all requirements set forth in the building report dated January 7, 2019 by Jason Brash, Building Official. 3. The applicant shall not display vehicles in the front of the building and in designated customer parking spaces. Vehicles on display are restricted to the side and rear of the building. 4. The dealership shall only park vehicles on designated paved surfaces. 5. Prior to issuance of a building permit the applicant must submit a detailed photometric plan to staff if there would be any new site lights installed. The plan should comply with city lighting code. 6. Prior to issuance of a certificate of occupancy the applicant must: 1) Restripe the parking lot. 2) Clear the site of all trash and debris. 3) Construct trash and dumpster enclosure subject to city code requirement, unless trash dumpsters are stored indoors. 4) Work with the Police Department to create an anti theft environment. 7. The applicant shall not undertake any autorepair works on the site except for minor detailing works to prepare cars for sale. 8. All signs require a separate sign permit and must meet city code requirements. 9. The city council shall review this permit in one year. The Maplewood City Council this resolution on February 28, 2019. 1955 County Road D East Attachment 2 City of Maplewood December 21, 2018 Information �• Overview Map — -^ es • i ANW i► 1915 1925 ►" 1935 1945 1955 1965 © - - • 3109 ,- P 109 ,• F P � 3095 1 �T 1900..1L i M Legend - e 940 3481 u Subject Parcel � d 0 190 Af^ + Feet Source: City of Maplewood. Ramsey Count - 3085 3081 V,�- 1955 County Road D East Attachment 3 City of Maplewood December 21, 2018 Maplewooc Information ' Zoning Map A _ l 19751 Legend Zoning Planned Unit Development (PUD) LBusiness Commercial (BC) —�::] Subject Parcel 0 190 Feet Source: City of Maplewood. Ramsey Count 1955 County Road D East Attachment 4 City of Maplewood January 8,2019 Maplew000 Information Land Use Map - - - • ..... _ ,� '�� ..a.•�. .•rY moi.. � •' ' ..nt1.:+1n...r+.•i.k- - s_�5�..+-�- ''�f►•1. is - - - - • - - lY1.T,.'�3..-.ins.alt-- ! _ Legend e Future Land Use Commercial Subject Parcel 0 120 Feet Source: City of Maplewood, Ramsey Count Attachment 5 December 10th, 2018 City of Maplewood Economic Development Department 1902 County Rd B East Maplewood, MN 55109 Narrative: With greatjoy we have grown to a point that we can move forward to a property such as this.We"The Car Buying Center" have been in business for three years.Three years that has allowed us to buy and sell nearly 600 cars.We have maintained an average review 4.9 stars from Google, Cargurus,and Carsoup between 75 reviews. We specialize in low mileage, harder to find vehicles ranging in price from $5000-$40,000. We have a repair shop in New Brighton,an Indoor upscale dealership in 5t Louis Park,as well as just sold our dealership in New Brighton to expand to this property. The property is owned by"Commercial Net Lease Realty',and is located at 1955 County Rd D East, Maplewood, MN 55109. Lot Description: Lot 1, Block 3,Viking Development Addition. Parcel ID #: 353022340015 Zoned:Commercial We"The Car Buying Center',tenant, are requesting approval from the City of Maplewood for a Conditional Use Permit to allow the use for retail automotive sales. Commercial properties in the city of Maplewood are permitted used car sales as an accessory use to New car sales. Used car sales alone is required to have a conditional use permit. Our St Louis Park store operates much like Whitaker Sport& Import cars at 1081 MN 36,55109.We see 1955 County Rd D East as an opportunity to store luxury vehicles inside as well as utilizing the size of the parking lot. Hours of Operation:9 am until 8 pm Monday through Friday,and 9 am until 8 prn Saturdays. Parking Requirements 4694/200=24 parking stalls Property has more than enough parking, a total of 33 parking stalls including the handicap stall. There are 32 Parking stalls and 1 Handicap stall. 3 Employees =3 Stalls 1 Handicap= 1 Stall 4 Customer Parking+4 Parking stalls This would leave 25 Parking stalls for vehicles on display for sale. Parcel square feet 31363.2 Parcel Acreage.72 The building is 4694 sq ft Improvements we propose:We plan to paint the internal and external of the building which is quite dated, as well as seal and restripe the parking lot.We plan on updating the lighting throughout the Attachment 5 building. Reducing our impact on the global environment, as well as saving money long term by investing in better technology from the start. Neighboring properties North:694 East: Taco Bell—Also owned by Commercial Net Lease Realty. South:Couty Rd D, then Chipotle/Jimmy Johns as well as LA Fitness. West: Midas,followed by Tires Plus.—Also owned by Commercial Net Lease Realty. There are no residentials. We currently have a dealer's license in Ramsey County: 38675. We are requesting the approval for 26 vehicles to be on display outside,as well utilize the garage for storing of vehicles.This has not been an issue in the past due to the site being both a service garage as well as a detailing facility. It has the proper ventilation as well as drainage for indoor storage.This utilization of indoors adds to the customer experience of seeing a vehicle in the warmth of the indoors, it benefits us by keeping cars clean, as well as safe from vandalism.We would be placing sports cars,and most of our$20,000+vehicles in the indoor showroom. Criteria for approval of a conditional use permit: • The use would be in line with the city's comprehensive plan and would comply with the Code of Ordinances. • The existing character of the surrounding area is commercial retail. It would also benefit both us as well as Midas/Tires plus due to the synergy between a used car dealership and a repair shop. We do own our own shop as well, but having a nearby repair shop is never a bad thing. • The use would not depreciate property values. + We would not be a nuisance to our neighbors or to people driving by. We would have the garage doors shut when vacuuming to reduce noise pollution. • We would have little to no impact on traffic,only those pulling into our lot. • The use would be served by our public facilities and services. • The use would not create excessive additional costs for public facilities or services. • By painting the building and restriping the lot,we would be taking an old "dated" building and making it appear fresh again. I would think this would be quite welcomed by those that see it daily. • We are"stewards"of this Earth.We believe in preserving our world and to the best of our ability we intend to maintain this property and our business practices in a manner that is "Green". Attachment 6 i ■ I � �i ry P ' a o o Attachment 7 Maplewoodi, r M I N N E S O T A JOB NAME: The Car Buying Center DATE: January 07, 2019 ADDRESS: 1955 County Road D Applicant: Joshua Burrs The garage/indoor showroom shall meet 2015 MN accessibility code. Provide two sets of signed stamped rolled plans and a digital PDF with permit application if remodeling the space. If no building permits are necessary apply for an occupancy permit and have inspection before opening. Build/ remodel 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. All commercial building contractors doing work in Maplewood must be licensed by the City of Maplewood. Also, all plumbing, heating, gas, excavating, sewer, masonry, contractors must be licensed by the City of Maplewood. For specific licensing questions please call 651-249-2300. Separate permits are required for building, plumbing, mechanical, electrical, fire alarm, and sprinklers. Jason Brash Building Official Phone: 651-249-2324 PLANNING COMMISSION STAFF REPORT Meeting Date January 15, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Economic Development Coordinator PRESENTER: Michael Martin, AICP, Economic Development Coordinator AGENDA ITEM: Planning Commission Rules of Procedure—Annual Review Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The Planning Commission's Rules of Procedure requires that they review said Rules at the beginning of each year. Recommended Action: Approve the revised Planning Commission's Rules of Procedure attached to this report. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. 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. The Planning Commission's Rules of Procedure are reviewed annually to ensure they are up to date and consistent with the group's mission. Background Annually the Planning Commission reviews its Rules of Procedure and considers revisions as necessary. Staff is recommending two revisions be made to the Planning Commission's Rules of Procedure. The first recommended revision addresses the name change from Environmental and Economic Development Department (EEDD) to Community Development Department. City Manager Melinda Coleman directed this change in late fall 2018. Community Development is what the department was called for many years prior to being named EEDD. This change should be reflected in the Rules of Procedure. The second recommended change deals with the agenda format of Planning Commission meetings. Currently, the Rules of Procedure states there shall be an agenda item called "Visitor Presentations." However, last year members of the Planning Commission expressed concern with the City Council eliminating the visitor section from its agenda that commissions should follow suit. Removing Visitor Presentations from the Planning Commission agenda will be consistent with the City Council's agenda policy. All recommended revisions of the Planning Commission's Rules of Procedure require City Council approval. Attachments 1. Revised Planning Commission Rules of Procedure Attachment 1 PLANNING COMMISSION RULES OF PROCEDURE Originally adopted by the Planning Commission on February 21, 1983 Last Changed by the City Council on February 13, 2012 Last Changed by the City Council on February 10, 2014 Last Changed by the City Council on January 26, 2015 Last Changed by the City Council on August 22, 2016 Amendments Proposed January 15, 2019 (Proposed Additions Underlined; Deletions Are Crossed Out) We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 2, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the third Tuesdays of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by city staff, on behalf of the chairperson, or in his or her absence, by the vice chairperson or by any other member with the concurrence of five other members of the Commission. At least 72 hours notice shall be given to all members for special meetings. B. QUORUM 1 . A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. Attachment 1 C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission and approval of the full Commission. D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the first planning commission meeting in June and will serve until their successors have been elected. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson. The planning commission shall elect a new chairperson at the next possible planning commission meeting. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission shall elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. COMMUNITY ENVIRONAW—NTAi AND ECONOMIC DEVELOPMENT DEPARTMENT In addition to carrying out the duties prescribed in Section 2-254 of the Code of Ordinances, the Community F=Py0r,,,,,„or+;;1 mrd CnAnAmin Development staff shall: 1 . Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. Attachment 1 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. 5. Commissioners are encouraged to email or contact staff regarding questions or comments they have on pending reviews prior to meetings in order to provide better data and information. G. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Public Hearings f. New Business g. Unfinished Business h. Commission Presentations i. Staff Presentations i. Adjournment 3. Only items that are on the agenda or added to the agenda prior to its adoption shall be considered by the Commission. H. ROSENBERG'S RULES OF ORDER Except as herein provided, Rosenberg's Rules of Order shall be accepted as the authority on parliamentary practice. I. COMPREHENSIVE PLAN Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. Attachment 1 J. APPOINTMENTS The City Council shall make all appointments to the Planning Commission by following the current city appointment policy. K. AMENDMENT 1 . Any of these rules may be temporarily suspended by the vote of two-thirds majority of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. L. ANNUAL REVIEW These Rules of Procedure shall be reviewed by the Planning Commission at the first meeting of each year. PLANNING COMMISSION STAFF REPORT Meeting Date January 15, 2019 REPORT TO: Planning Commission REPORT FROM: Michael Martin, AICP, Economic Development Coordinator PRESENTER: Michael Martin, AICP, Economic Development Coordinator AGENDA ITEM: City Council Meeting Attendance Schedule for Planning Commissioners Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The Planning Commission's Rules of Procedure states: A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. Recommended Action: No action required. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. 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. The Planning Commission provides the City Council with a reports on its recommendations. Background The Planning Commission has established a schedule for their attendance at city council meetings when there are commission actions to present. Attached is the revised 2019-2020 Planning Commission schedule for future City Council meetings. Please review this schedule and provide staff with any revisions to your telephone numbers if they are different than shown. Attachments 1. 2019-2020 City Council Meeting Schedule Attachment 1 2019-2020 PLANNING COMMISSION SCHEDULE FOR CITY COUNCIL MEETING ATTENDANCE (Last Revised 01/7/19) City Council meetings are held the 2nd and 4t" Mondays of each month. If you cannot attend a city council meeting on your scheduled date, please arrange to trade dates with another commissioner and also please inform staff as well. John Eads 01-14-19 04-22-19 08-12-19 11-25-19 651-877-1655 (h) Tushar Desai 01-28-19 05-13-19 08-26-19 12-09-19 651-484-2132 (h) Paul Arbuckle 02-11-19 05-27-19 09-09-19 12-23-19 651-303-0347 (c) Frederick Dahm 02-25-19 06-10-19 09-23-19 01-13-20 320-293-3476 (C) Vacant Seat 03-11-19 06-24-19 10-14-19 01-27-20 Bill Kempe 03-25-19 07-08-19 10-28-19 02-10-20 651-226-7933 (c) Allan Ige 04-08-19 07-22-19 11-12-19* 02-24-20 651-503-6295 (c) *November 12, 2019 city council meeting moved to Tuesday, due to Veteran's Day Michael Martin 651-249-2303 michael.martin(a�maplewoodmn.gov PLANNING COMMISSION STAFF REPORT Meeting Date January 15, 2019 REPORT TO: Paul Arbuckle, Planning Commission REPORT FROM: Michael Martin, AICP, Economic Development Coordinator PRESENTER: Michael Martin, AICP, Economic Development Coordinator AGENDA ITEM: 2018 Planning Commission Annual Report Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Maplewood City Ordinance requires the Planning Commission to: Review, prepare and make a report to the city council by the second city council meeting in February of each year regarding the commission's activities in the past year and major projects for the new year. Recommended Action: Staff is recommending approval of the Planning Commission's 2018 Annual Report. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. 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. City of Maplewood's board and commissions report annually the activities of the past year to the City Council. Background Attached to this memo is the Planning Commission's 2018 Annual Report. The Planning Commission's Annual Report is part of the larger Community Development Annual Report that also includes the annual reports for the Community Design Review Board, Housing and Economic Development Commission and Environment and Natural Resources Commission. In coordination with staff from the Community Development Department, many of the projects and initiatives worked on by the City and the department require and rely on feedback and guidance from multiple board and commissions. A hard copy of the entire 2018 Community Development Annual Report will be handed out to Commissioners at the January 15, 2019 meeting. The 2018 Annual Report is scheduled to be presented to the City Council for its approval at the meeting on February 25, 2019. Attachments 1. 2018 Planning Commission Annual Report Attachment 1 Planning Commission 2018 Actions and Activities items reviewed coincides with the drop of development occurring on vacant sites and the Planning Commission reducing its The primary focus of the Planning Commission in 2018 was meetings from twice-a-month to once-a-month. the completion of the 2040 Comprehensive Plan.The Planning Commission is charged by City Ordinance to prepare the In 2018,the number of conditional use permits and variances comprehensive plan to guide future development. reviewed by the Planning Commission was consistent with previous years.The Planning Commission mainly reviews The Planning Commission was involved with several planning commercial and multi-family projects. In 2018,the most notable efforts in the City during 2018, including completing the Rice- projects included the approval of a new Mercedes Benz Larpenteur Gateway Area Vision Plan as well as participating dealership and the 152-unit Trails Edge apartment building. in the transit planning being done along the proposed Gold and Rush lines. Starting in 2018 and continuing into 2019,the Planning Commission is leading the development of the North End Vision ;+- Study.The North End Vision Study is focusing on an important area of the City which is currently home to the Maplewood Mall `°llr and St.John's Hospital.This study will articulate the City's vision for this neighborhood as it continues to redevelop. In 2018,the Planning Commission reviewed 24 items,holding consistent with the trend of the past few years.The number of • The Planning Commission's duties are to prepare and recommend a comprehensive plan for development of the City and to review zoning PERMITS WERE WEREAPPROVED CONDITIONAL • and land use matters like rezoning requests,zoning variances,property APPROVED 1 : 1 subdivisions and right of way vacation requests.The site plan above is from the proposed Mercedes Benz dealership and is typical of the type of materials reviewed before a project is approved. MajorDevelopment • • in 2018 WakefieldWetland Buffer Variance, New Home 832 McKnight Road South Urban Agriculture Ordinance Amendments 2040 Comprehensive Plan Rush Line and Gold Line Transit Projects Community Building 1860 Hazelwood Street Trails EdgeApartments 3000 Country View Drive SludgeRice—Larpenteur Gateway Area Vision Plan Capital Improvement Plan 2019-2023 Review St Paul Water Lime .. 911 Rice Street Laundromat 1690 McKnight Road North Beaver Lake Church :1 Stillwater Avenue East North End Vision Study Family • Sales 1065 • • East Banquet Hall 1800 White BearAvenue North Beebe ••ws 2135 Larpenteur Avenue Developer Open House •• Review Mercedes Benz :1 Maplewood Drive Removal of Abandoned •• Review 10� Attachment 1 Planning Commission Meets on 3rd Tuesday of Every Month–7 p.m. Looking Ahead to 2019 2018 PC Membership Because Maplewood is approximately 95 percent developed and there are not many remaining vacant sites available, in-fill development, P Chairperson redevelopment and expansion have become the norm for the city. The Member since 5114112,Term Expires 12131120 types of projects Maplewood is likely to see will be more complex and time consuming due to redevelopment efforts made throughout Maplewood. vwm.L_,, In addition to its project review responsibilities,the Planning Commission Tushar Desai—Vice-chairperson _ III will continue its work on leading the North End Vision Study.This work will Member since 7122102, rm Expires 12131119 help ensure that the North End remains a vital hub for not only Maplewood but within the region as well. 11 FrederickMember Member since 4127115,Term Expires 12131120 "d1b Ilk ohn Donofrio—Member* ember since 2111113 Term Expires 12131120 a n p Io •d from the Planning Commission December 2018.His term will be flied in 2019. A x / ohn EadsMemberember since 818116, In 2018,the Planning Commission approved a planned unit development for a new 152-unit apartment building.Trails Edge Apartments will be located at 3000 Country View Drive and will provide an additional housing choice in the city's North End. Allan Ige—Member Planning Commission Member since 4129113,Term Expires Project Review- Comparative 50 45 43 42 Member 40MMember since 2111113, 40 35 35 30 27 26 25 24Marylee Abrams— 25 CouncilCity • 20 15 10 Michael Martin—Staff Liaison 5 0 2011 2012 2013 2014 2015 2016 2017 2018 ■Number of Projects X11 PLANNING COMMISSION STAFF REPORT Meeting Date January 15, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Jane Adade, Planner PRESENTER: Jane Adade, Planner AGENDA ITEM: Amend City Code To Require Developer Open House Meeting For Major Land Use Applications. Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ✓ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The city council adopted community inclusiveness as one of its strategic objectives in 2018. The key outcome indicator of this strategic objective is to receive feedback from diverse groups within the community. With this objective the city council is looking to identify new approaches for effective communication and feedback from community members. In an attempt to help city council advance this objective, city staff researched other cities in the Twin Cities and found several require the developer to hold an open house or neighborhood meeting prior to submitting an application for a major development to the city for consideration. Minnesota State Statute gives municipalities discretion in making land use decisions based on advancing the health, safety, and general welfare of the community. Requiring open house meetings for major land use developments would help advance this goal and ensure that community members are more involved in decisions that impact their lives. Recommended Action: Amend the city code to require developer open house meetings for major land use developments. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $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. Developer open house meetings as a form of community engagement and participation helps community members to be informed about upcoming developments. It empowers residents to influence city government decisions that shape their city and lives. It ensures that the city is working collaboratively with its members to address issues and advance growth. Background Overview Certain proposals or applications for development may constitute significant departures from the present or historical use and/or zoning of a property. Prior to submitting an application for a major land use development, an applicant shall hold an open house meeting with property owners in the locality of the potential development in order to provide a convenient forum for engaging community members in the development process, to describe the proposal in detail, and to answer questions and receive feedback. Major Land Use Development Major land use development refers to development applications that would significantly modify a neighborhood including Variance, Conditional Use Permit (CUP), Planned Unit Development (PUD), Subdivision, Rezoning and Land Use Change requests. Timing The open house shall be held not less than 15 days and not more than 45 days prior to the submission of an application for approval of a proposal requiring a developer open house meeting. The open house meeting shall be held on a weekday evening beginning between 6:00 p.m. and 7:00 p.m. and ending by 10:00 p.m. Location The open house shall be held at a public location in or near the neighborhood affected by the proposal, and (in the case of a parcel situated near Maplewood's boundaries) preferably in Maplewood. In the event that such a meeting space is not available the applicant shall arrange for the meeting to be held at a city facility. Invitation The applicant shall prepare a printed invitation identifying the date, time, place, and purpose of the open house and shall mail the invitation to property owners within the public hearing notification area as established by State Statutes. The invitation shall clearly identify the name, phone number, and email address of the host of the open house to be contacted by invitees who have questions but are unable to attend the open house. The invitations shall also include a sentence that is substantially the same as the following: This open house meeting is an important source of feedback from surrounding property owners and is a required step in the process of seeking city approval for the proposed [variance, CUP, PUD, subdivision, rezoning or land use change], and a summary of the comments and questions raised at the open house meeting will be submitted to the city as part of the formal application. Summary The applicant must submit a written summary of the open house as a requirement of an application for approval of a proposal requiring developer open house meeting. The summary shall include a list of potential issue(s) and or concern(s). Property owners are also encouraged to submit their own summary of the meeting highlighting concerns/issues and any mitigations and resolutions. A sign-in sheet shall be provided on which attendees may, but are not required, to enter their name and address. The sign-in sheet shall be submitted by the developer with the open house summary. Exemption The city manager may allow an exemption to the open house requirement for major land use development, based on the size and impact of the proposed development, where the proposed land use development involves an existing single or double dwelling district or where the proposed development would not affect the privacy of adjacent properties. The applicant must apply in writing to the city manager, explaining why an exemption is being requested and what other means they intend to create awareness about the proposed development and get feedback from residents. Appeal The applicant may appeal the decision of the city manager within ten days of the notification of the decision. The applicant or any of the notified parties may appeal the decision by notifying the manager of any objections to the decision and requesting a hearing before the city council, such hearing to be held within 30 days. The right to this appeal shall be made known to all parties at the time of the notification of the decision by the city manager. Ordinance Placement The ordinance attached is a sample ordinance requiring open house meeting for CUP applications. The ordinance would either live as a separate chapter in the city code or be a sub-section under each of the major land use development. Attachments 1. Sample of Proposed Ordinance Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDMENT TO ALLOW DEVELOPER OPEN HOUSE MEETING FOR CONDITIONAL USE PERMITS The Maplewood City Council the following revision to the Maplewood Code of Ordinances. (Additions are underlined.) Section 1. Section 44-1095 (Conditional Use Permit Application) of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 44-1095. APPLICATION. (C) Purpose: Certain proposals or applications for development may constitute significant departures from the present or historical use and/or zoning of a property. Prior to submitting an application for a Conditional Use Permit (CUP) or Planned Unit Development (PUD), an applicant shall hold an open house meeting with property owners in the locality of the potential development in order to provide a convenient forum for engaging community members in the development process, to describe the proposal in detail, and to answer questions and receive feedback. (1) Timing: The open house shall be held not less than 15 days and not more than 45 days prior to the submission of an application for approval of a proposal requiring a developer open house meeting. The open house meeting shall be held on a weekday evening beginning between 6:00 p.m. and 7:00 p.m. and ending by 10:00 p.m. (2) Location: The open house shall be held at a public location in or near the neighborhood affected by the proposal, and (in the case of a parcel situated near Maplewood's boundaries) preferably in Maplewood. In the event that such a meeting space is not available the applicant shall arrange for the meeting to be held at a city facility. (3) Invitation: The applicant shall prepare a printed invitation identifying the date, time, place, and purpose of the open house and shall mail the invitation to property owners within the public hearing notification area established in section 44-1096 of the city code, members of the planning commission and city council, and other community members that have registered to receive the invitations. The invitation shall clearly identify the name, phone number, and email address of the host of the open house to be contacted by invitees who have questions but are unable to attend the open house. The invitations shall also include a sentence that is substantially the same as the following: "This open house meeting is an important source of feedback from surrounding property owners and is a required step in the process of seeking city approval for the proposed TCUPT and a summary of the comments and questions raised at the open house meeting will be submitted to the city as part of the formal application" (4) Summary: The applicant must submit a written summary of the open house as a requirement of an application for approval of a proposal requiring developer open house meeting. The summary shall include a list of potential issue(s) and or Attachment 1 concern(s). Property owners are also encouraged to submit their own summary of the meeting highlighting concerns/issues and any mitigations and resolutions. A sign-in sheet shall be provided on which attendees may, but are not required, to enter their name and address. The sign-in sheet shall be submitted by the developer with the open house summary. (5) Exemption: The city manager may allow an exemption to the open house requirement for major land use development, based on the size and impact of the proposed development, where the proposed land use development involves an existing single or double dwelling, or where the proposed development would not affect the privacy of adjacent properties. The applicant must apply in writing to the city manager, explaining why an exemption is being requested and what other means they intend to create awareness about the proposed development and get feedback from residents. (6) Appeal: The applicant may appeal the decision of the city manager within ten days of the notification of the decision. The applicant or any of the notified parties may appeal the decision by notifying the manager of any objections to the decision and requesting a hearing before the city council, such hearing to be held within 30 days. The right to this appeal shall be made known to all parties at the time of the notification of the decision by the city manager. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council this ordinance revision on Mayor Attest: City Clerk