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HomeMy WebLinkAbout10/24/2006 AGENDA CITY OF MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD Tuesday, October 24, 2006 6:00 P.M. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: September 19, 2006 5. Unfinished Business: None Scheduled 6. Design Review: a. Legacy Village Town Homes - Southwest Corner of County Road D and Kennard Street (Legacy Village) b. Boca Chica Taco House Sign Variance Request - 1706 White Bear Avenue (Hillcrest Village Redevelopment Area) 7. Visitor Presentations: 8. Board Presentations: a. Board Member Attendance 9. Staff Presentations: a. Tree Ordinance Update b. Minnesota Planning Conference Update c. Representation at the November 13, 2006, City Council Meeting - Items to be Discussed Include Public Hearing for Boca Chica Taco House Sign Variance 10. Adjourn DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 19, 2006 I. CALL TO ORDER Chairperson Olson called the meeting to order at 6:04 p.m. II. ROLL CALL Board member John Hinzman Vice-Chairperson Matt Ledvina Chairperson Linda Olson Board member Joel Schurke Board member Ananth Shankar Present P rese nt Present Absent Absent Staff Present: Ken Roberts, Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Chairperson Olson moved to approve the agenda. Board member Ledvina seconded. Ayes - Hinzman, Ledvina, Olson The motion passed. IV. APPROVAL OF MINUTES Approval of the CDRB minutes for August 22, 2006. Board member Hinzman moved approval of the minutes of August 22, 2006. Chairperson Olson seconded. Ayes --- Hinzman, Olson, Abstentions - Ledvina The motion passed. V. UNFINISHED BUSINESS None. VI. DESIGN REVIEW a. Cottagewood Town House Development - South of Highwood Avenue, east of Dennis Street, west of 1-494. Mr. Roberts said Mr. Phil So by is proposing to build 15 detached town houses in a development called Cottagewood. It would be on a 3.71-acre site on the south side of Highwood Avenue, east of Dennis Street. Community Design Review Board Minutes 9-19-2006 2 To build this project, Mr. Soby is requesting that the city approve the project design plans (architectural, site, landscape, and lighting plans) for the site and buildings. The project plans show that there would be three styles of town houses and that they would have a mix of exterior treatments. These include horizontal-lap vinyl siding, vinyl board and batten accents, aluminum soffits and fascia and brick or stone veneer accents near the doors and on the base of the columns. In addition, each town house unit would have a two-car garage. On August 28, 2006, the city council approved the following for the Cottagewood development: 1. A revision to a conditional use permit (CUP) for a planned unit development (PUD). This revision was necessary since the city had approved different plans for the site in 2003. The PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. Specifically, the proposed PUD revision would allow for smaller average lot sizes, for the town houses to have a smaller setback to the front, side and rear property lines than code allows and to have the town houses on a private driveway. 2. A preliminary plat to create the lots in the development (15 lots for the town houses and one lot for the common area). The project plans show 15 detached town house buildings within the site with three different exterior designs. The proposed town house buildings should be attractive and should fit in with the design of the existing homes in the area. They would have a mix of exterior materials that include horizontal vinyl siding with a stone veneer near the doors, on the column bases and on the fronts, and the roofs would have asphalt shingles. In addition, there would be a mix of lookout, full basement and walkout units, and each unit would have aluminum soffits and an attached two-car garage. Staff does not have any major concerns about the proposed town house elevations since this development will be on a cul-de-sac and would be somewhat isolated. In fact, only the buyers of the town houses would be able to see the fronts of the new buildings. However, the project plans do not specify the colors of the materials for any of the units. Staff should review and approve a color scheme for all building materials in the whole development before the city issues a building permit. Chairperson Olson asked how the traffic would impact the existing neighborhood from this development proposal? Mr. Roberts said its staff's opinion, based on statistics that each town home would generate about 6 vehicle trips a day for each of the 15 detached town homes meaning about 90 trips a day. As such, the traffic wouldn't create a large impact on the area. Community Design Review Board Minutes 9-19-2006 3 Chairperson Olson asked if there were any significant trees on the site and would the new tree ordinance apply to this proposal? Mr. Roberts said there are some significant trees on the site and the southern part of the site will be put into a conservation easement and protected so trees are being preserved in that area. Some trees will be lost and staff was not sure of the count. Chairperson Olson asked the applicant to address the board. Mr. Phil Soby, Owner and Developer, Lauren Co. Development, 200 East Chestnut Street, Suite 204, Stillwater, addressed the board. Chairperson Olson asked if he brought any building material samples to show the board? Mr. Soby said he apologizes but there was a miscommunication regarding the color samples for the siding, shingles and stone so those aren't available but he did bring a sample of the exterior light. The siding is vinyl and will be offered in 7 earth tone colors. The buyer will determine which lot they prefer and which town home design they prefer, plan A, B, or C and they will choose the building material colors they prefer. What has been determined is which units would be on the two lots facing Highwood Avenue to address the concerns of the design of the end units which are designed so the garage is to the opposite side away from Highwood Avenue. The more detailed elevation in the staff report that is shown with the fireplace and the windows would be design of the elevation that would face Highwood Avenue. There are two different types of siding, the siding below the roofline is lap siding and the other above the roofline and the side and front gables is referred to as a board and batten type siding which is also a vinyl product and would be in a two tone scheme. For example, the lower portion may be tan and the upper portion could be linen color with white trim to give a dimensional look to the design. All of the units would be done in the same manner in terms of the trim and four sided architecture. The stone chase fireplace will be an optional feature and expense and we are not sure how many customers will choose it. The standard gas fireplace would be the doghouse bump out. Each townhome unit will have the same lighting fixtures throughout the site with a light on each side of the garage door and by the entrance to the home. The garage doors will be a cottage style to fit in with the craftsman style design of the townhomes. They want the town home units to have character and will have custom features, they don't want the units to look uniform but they still want things to be somewhat consistent in design throughout the site. Board member Hinzman asked if the garage doors on the town homes would be a standard feature or an upgrade for the customer? Mr. Soby said the garage doors as shown would be standard and would have a lot of curb appeal. Board member Hinzman asked if the board and batten vinyl siding would project? Community Design Review Board Minutes 9-19-2006 4 Mr. So by said yes. The old fashioned manner for structures such as a barn was to use a 1 x 2 product and that is the same projection this molded vinyl product will have and be installed vertically 8 inches on center. This gives a good shadow line detail and adds style to the home. Chairperson Olson said you referred to these town homes as affordable units. She asked what the asking price will be for these individual units? Mr. Soby said what is considered to be affordable now is possibly unaffordable to others but the goal is to keep the units under $300,000 and would be priced in the high $200,OOO's, however; these units have the "potential" to be priced over $300,000. There will be a base price of about $275,000 and if the customer would like extra options added the price would go up to around $300,000. Chairperson Olson said this appears to be a proposal using quality products with a nice design to the town homes and she likes that they are detached units. Board member Hinzman asked if there would be an overhang of the main floor over the walkout elevation for the rear elevation? Mr. Soby said that's a flat surface with a rim board or starter board and in a color band of the trim color. It's pretty close to where the bottom of the floor trusses would sit at the top of the foundation. Chairperson Olson asked how they are proposing to construct the retaining walls and what product would you use? Mr. Soby said in the areas where the retaining wall is drawn consecutively on the site plan it will be one whole retaining wall. Where room allows they will use a boulder retaining wall to keep with the natural look of the site. There are a few areas where the retaining wall area is less in lineal footage and they will probably have to use a retaining wall block in 12 inch form, if room allows they will use a boulder retaining wall. Mr. Roberts displayed on the screen where the retaining walls would be on the site map. Board member Ledvina said it appears they are going to have some split retaining walls by the pond. He asked if the intention was to keep the retaining wall less than 4 feet in height? Mr. So by said due to comments from the watershed district there has been a revised plan for the pond layout in the last few days. The retaining wall changed to one retaining wall at a height no taller than four feet. The retaining wall will be two rows of boulders or sometimes they will start off with larger boulders and taper down to smaller boulders. Board member Ledvina wanted to clarify that they will in fact be using boulders for the retaining wall whenever possible so that can be memorialized as part of the conditions. Community Design Review Board Minutes 9-19-2006 5 Mr. Soby said to clarify we will use boulders whenever possible; when space is tight we will use a 12 inch retaining wall block of some kind. Chairperson Olson said she wondered if there would be any problem with erosion problems using boulders? Mr. Soby said the experience has been that boulders are more stable as a retaining wall and usually don't erode due to their expanse compared to the use of a retaining block wall. We us a fiber net behind the boulders as well which helps contain the boulder in place. The boulders are very significant in size and we usually get high marks from the engineers with this type of retaining wall. Chairperson Olson asked to see the light fixture proposed for this development. Mr. Soby passed the light fixture around so the board members could see the finish, size, and the style of the light fixture. Board member Ledvina said he thinks this is a nice development. He likes the layout of the proposal which is a vast improvement over past proposals. He likes the detached town home units. He likes that this design doesn't have overpowering garages that standout and overshadow the unit itself. He likes the style of the town home units and he thinks a lot of thought has gone into the style of the homes and the development site as a whole and he thinks this proposal is very well done. Board member Hinzman agreed with those comments. These detached townhome units have tremendous curb appeal and will be well placed in the marketing of these units and will be a nice transition from the single family homes in the area with this density proposed. Chairperson Olson said we need to discuss the shortcomings in the landscaping that staff commented on. Mr. Roberts said the only thing the plan did not call out was the exact size of some of the plantings and there is a condition included in the staff report on page 7 item (11) which reads shows the sizes and for all trees and plants. The deciduous trees shall be at least 2Y> inches in diameter and the coniferous trees shall be at least eight feet tall. Board member Ledvina moved to approve the project plans date-stamped September 6, 2006, (site plan, landscape plan, grading and drainage plans and building elevations) for the Cottagewood PUD. This development will be on the south side of Highwood Avenue, west of 1-494 and east of Dennis Street. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: (Additions are underlined and deletions are stricken.) 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: Community Design Review Board Minutes 9-19-2006 6 a. Have the city engineer approval final construction and engineering plans. These plans shall include: streets, grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The plans shall meet the following conditions and shall meet all the conditions and changes noted in Michael Thompson's memo dated July 28, 2006. (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood- fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city and shall have a fence along the top. The developer or contractor shall use boulder walls around the storm water ponds located on the northeast corner of the development and for the qradinq associated with the cul-de-sac. The boulder walls are recommended for use in other areas of the development if possible. (f) Show the proposed street and driveway grades as allowed by the city engineer. (g) Show the drainage areas, and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the surrounding areas. (h) If required, show details about any proposed pond fencing including the materials, gate, height and color. (3) The tree plan shall: Community Design Review Board Minutes 9-19-2006 7 (a) Be approved by the city engineer. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, transplant, save or replace large trees. (c) Show the size, species and location of the transplanted and replacement trees. The new coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (4) The street, driveway and utility plans shall show: (a) A water service to each lot and unit. (b) The repair and restoration of Highwood Avenue (including curbing, street, and boulevard) after the contractor removes the existing driveways, connects to the public utilities and builds the new street, sidewalks, trails and driveways. (c) The street and the driveways shall have continuous concrete curb and gutter except where the city engineer decides that it is not needed. (d) The developer or contractor shall post the streets and driveways with "no parking" signs to meet city standards. (e) The public streets and private driveways labeled on all plans. (f) The common areas labeled as outlots on all plans. (g) Areas for proof of parking off the streets wherever possible. (5) The design of the ponding areas and any rainwater garden(s) shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. c. Submit a revised landscape plan to staff for approval which incorporates the following details: Community Design Review Board Minutes 9-19-2006 (1 ) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11 ) 8 All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. The developer shall install landscaping in the ponding areas to break the appearance of the deep hole and to promote infiltration. Such landscaping shall be approved by the city engineer and shall be shown on the project landscape plans. Shows all landscaped areas, excluding landscaping within the ponds, with an underground irrigation system (code requirement). The plantings proposed around the units shown on the landscape plan date-stamped September 6, 2006, shall remain on the plan. A concrete walk from the driveway to the door of each unit. The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). The contractor shall restore the Highwood Avenue boulevard with sod. Show the in-ground lawn-irrigation system, including the location of the sprinkler heads. Shall be approved by the city engineer (including the plantings in the ponds and rain water gardens) before site grading and shall be consistent with the approved grading and landscape plans. Shows the sizes and for all trees and plants. The deciduous trees shall be at least 2Y> inches in diameter and the coniferous trees shall be at least eight feet tall. d. Show that a contractor as properly sealed all wells on property. e. Get the necessary approvals and permits from the watershed district and provide the city verification that all watershed district provisions are met before the city issues a building or a grading permit for the site. Community Design Review Board Minutes 9-19-2006 9 f. Submit a site lighting plan for city approval. This plan shall show the installation of at least two streetlights and how the lighting on the buildings would add to the site lighting. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of- ways and from adjacent residential properties. This plan shall show the height and style of all outdoor lights and that the light illumination from outdoor lights does not exceed 0.4 foot candles at all property lines. g. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. h. The developer or builder will pay the city Park Access Charges (PAC fees) at the time of the building permit for each housing unit. i. Submit the homeowner's association bylaws and rules to the city for approval by the city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, outlots, the private utilities, trails, sidewalks, signs, landscaping and retaining walls. j. Submit revised, detailed building plans and elevations for each building type to city staff for approval. These elevations shall show or include (but are not limited to): (1) the colors of all materials, (2) all elevations of all buildings (including the rear elevations of the walk out and at-grade style units) (J) rovisions to tho north sidos of tho ond units nem Highwood Avenue to incluao moro f-oaturos including winaows and stonG '1/3insGotiAg. (4) any shutters or window grids and (5) the style and materials of balcony or porch railings. k. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying each building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. c. Complete all landscaping and turf irrigation for that building and its rainwater garden(s). d. Install the required concrete curb and gutter. Community Design Review Board Minutes 9-19-2006 10 e. Install a reflectorized stop sign at the exit onto Highwood Avenue and install addresses on each building for each unit. In addition, the applicant shall install "no parking" signs within the site, as required by staff. f. Install and maintain all required trees and landscaping (including the plantings around each unit and around the pond) and an in-ground sprinkler system for all landscaped areas (code requirement). g. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed lenses and bulb to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. h. Install additional trees along the west property line of the site where the vegetation does not adequately screen the new town houses from the existing dwellings. These additional materials are to ensure there is at least a six-foot-tall, 80-percent opaque screen on the west side of the site. The location, design and materials of the additional landscaping shall be subject to city staff approval. i. Install city approved conservation easement signs at the edge of the conservation easement. The signs shall notify that there shall be no building, mowing, cutting, grading, filling or dumping within the conservation easement. j. Install all the required exterior improvements, including all exterior lighting. k. Show that Ramsey County has recorded the final plat for this development. I. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. 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. Community Design Review Board Minutes 9-19-2006 11 b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. This approval does not include signs. Any signage will be reviewed by city staff through the sign permit process. Board member Hinzman seconded. Ayes - Hinzman, Ledvina, Olson The motion passed. VII. VISITOR PRESENTATIONS No visitors present. VIII. BOARD PRESENTATIONS None. IX. STAFF PRESENTATIONS None. X. ADJOURNMENT The meeting was adjourned at 6:50 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Tom Ekstrand, Senior Planner Legacy Townhomes County Road D between Kennard Street and Hazelwood Street September 22, 2006 INTRODUCTION Project Description The Hartford Group, the master developer of Legacy Village, is proposing to develop the final phase of town homes at Legacy Village. This proposal is for 91 townhomes which would be located on the south side of County Road D between Hazelwood and Kennard Streets. The exception to this site is that the southwest comer of County Road D and Kennard Street will be developed with an office building as required by the approved PUD (planned unit development). Refer to the attachments. Requests The applicant is requesting that the city council approve the following: 1. A preliminary plat to create home sites for sale. 2. Site, building and landscape plans. BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD, comprehensive plan amendment, tax-abatement plan and preliminary plat for Legacy Village. July 10, 2006: Earlier this year, the applicant had proposed a 119-unit townhouse development on this site that would have included the 1 %-acre parcel at the southwest comer of County Road D and Kennard Street. This comer piece was intended to be developed with Executive Office Suites in the PUD. The applicant had requested a comprehensive plan amendment from BC (business commercial) to R3H (high-density residential) and also an amendment of the PUD to build the townhomes. The city council denied these requests because they preferred the office element of the PUD and felt that the developer should still try to develop this comer with office suites as approved in 2003. Legacy Village Development History Since the council approved the Legacy Village PUD, the following projects have been approved or built: . Heritage Square Townhomes (220 units) . Heritage Square 2nd Addition (81 units) . Wyngate Rental Townhomes (50 units) . Ashley Furniture (completed) . Kennard Professional Building (completed) . Maplewood Sculpture Park (completed) . Legacy Shoppes Retail (construction pending) . Ramsey County Library (under construction) . Seniors Apartment (116 units, approved and construction pending) DISCUSSION Density The proposed density is below the previously approved number of units. This site was approved to have 96 town home units. The applicant is proposing 91. Preliminary Plat The applicant is requesting approval of a preliminary plat to sell the individual townhomes. This is typical of such developments. Staff does not find any unusual concems with doing so beyond the usual requirements for platting which include matters like the signing of a developer's agreement, maintenance agreement, the approval of final gradingldrainagelerosion-control/utility plans and the dedication of any necessary easements that the city engineer may require. Maplewood Engineer, Michael Thompson, reviewed this proposal and made several comments in his attached report. Staff recommends that the city council require that the applicant comply with the statements in Mr. Thompson's report as conditions of plat approval. Design Review Architectural The proposed townhomes would be attractively designed and would be comparable in design and materials to the other owner-occupied townhomes in Legacy Village. The buildings would have rock-face concrete block foundations and horizontal-lap siding of a fiber-cement material. The gable roofs would have asphalt shingles. Garage doors would be metal with raised panels. A condition of the approval should be that any exterior utility meters be screened in a decorative manner. Buildina Setbacks Building setbacks meet the reduced-setback concept approved for Legacy Village. The PUD required a minimum building setback of 15 feet from street right-of-way lines. The buildings meet this minimum setback. Sidewalks The applicant has laid the site out to accommodate pedestrian connections throughout the development During the planning commission's review of the previous design, they 2 had recommended that the applicant provide crosswalks across Village Trail East to acoess the pedestrian trail to the south. These crosswalks should be required by the CDRB. Visitor Parkina The visitor-parking proposal meets the requirements of the PUD by providing at least one guest space for each two units with at least five guest spaces within 200 feet of the front door of all units. LandscaoinQ The proposed landscaping plan meets the direction of boulevard-tree spacing in the PUD. The tree sizes meet code requirements. Staff recommends, though, that the landscaping around the ponds in this development should be treated more attractively to make them decorative amenities for the future residents of this neighbortlood. The applicant should revise the landscaping plan for staff approval showing this additional landscaping. RamseyJWashington Metro Watershed District The applicant must obtain all necessary pennits from the watershed district before starting construction. Building Official's Comments Dave Fisher, the Maplewood Building Official, had these comments: . The city will require a complete building code analysis when the construction plans are submitted to the city for building pennits. . All exiting must go to a public way. . Provide adequate fire department access to the buildings. . All buildings over 8,500 square feet must be fire sprinklered. . I would recommend a pre-construction meeting with the contractor, the project manager and the city building inspection department Fire Marshal's Comments Butch Gervais, the Maplewood Fire Marshal, had these comments/requirements: . Need 20-foot emergency acoess road at all times. . Fire protection system per codes and monitored. . Fire alann system per code and monitored. . Mini sounders in each unit. . Fire deparbnent lockbox required. Get the paperwork from the fire marshal. 3 Park Director's Comments Bruce Anderson, the Maplewood Parks and Recreation Director, has said that the city will be constructing the 2.5-acre tot lot and east-west trail, which would be south of the proposed project, next summer. Police Department Comments Lieutenant Kevin Rabbett noted there are no significant public safety concems. This plan seems to meet the previously-approved plans for Legacy Village. Engineering Comments Maplewood Engineer, Michael Thompson, reviewed this proposal. Refer to Mr. Thompson's report. Other than concems regarding utilities, grading, storm water treatment and erosion control, Mr. Thompson stated that the developer shall: . Implement a homeowner's association as part of this development to ensure that there is a responsible party for the regular maintenance and care of the ponds, rainwater gardens, retaining walls, private utilities and other features common to the development. . The developer shall sign a maintenance agreement, prepared by the city, for rainwater gardens, ponds and sumps. The project plans shall clearly point out the maintenance access route to each garden and basin. . A 20-foot-wide easement needs to be dedicated over the centerline of the existing 18-inch storm sewer pipe that extends to Wetland F. The proposed steps over the storm sewer pipe shall be relocated outside of the easement. . The developer shall dedicate a pedestrian trail easement by separate document over the trail on the south end of the development. . The developer shall enter into a developer's agreement with the city for the construction of the trail. . The developer and project engineer shall satisfy the requirements of all permitting agencies. Citizen Comments Of a large number of surveys staff mailed (209) to neighboring property owners, we received very few replies. Of the eight that did reply, two had no comment and six were opposed. Refer to the comments in the Citizen Comments section of this report for the complete comments. The concems raised, though, were regarding increased traffic, there being too many townhomes already and the loss of treesJweUandslwildlife. 4 Traffic Traffic will increase with the continued build-out of Legacy Village. This is the reason, however, for the extension and improvements of County Road D. These roadway improvements will handle the future traffic needs. Density-Too Manv Homes Alreadv The housing in Legacy Village, along with the other nearby townhomes and condominiums, will create a rather highly-populated area. This has been foreseen, however, with all the multiple-dwelling housing planned for this area. Some feel that the city should not allow any further development until all of the existing homes have been sold and occupied. Unfortunately, the city cannot regulate the mar1<et-place. We must allow housing based on the city's approved development plans and our land use controls. If these are being met, the city cannot stop the proposed development. Loss of Wildlife. Wetlands and Trees It is always sad and unfortunate to see the loss of trees and wildlife habitat This site, however, was approved for development in 2003 and it is proceeding according to that approved plan. Wetlands will be preserved or mitigated also as previously approved by the PUD development plan. COMMITTEE ACTIONS (These comments were received during the subsequent review of this town house proposal earlier this year.) June 19,2006: The planning commission recommended approval of the land use plan change, PUD amendment and preliminary plat. They also suggested that the community design review board require designated crosswalks across Village Trail East to access the pedestrian trail to the south. June 27,2006: The community design review board recommended approval of the design plans subject to conditions. RECOMMENDATIONS A. Approve the preliminary plat for the Legacy Townhomes at Legacy Village, subject to the following conditions: 1. The applicant shall comply with the requirements in the city's engineering report dated September 19, 2006. 2. The applicant shall sign a developer's agreement with the city engineer before the issuance of a grading pennit 5 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer or parks director may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the staff may require that may not be ready by the time of plat signing. B. Approve the plans date-stamped September 11, 2006, for the Legacy Townhomes. Approval is subject to the developer complying with the following conditions: 1. Obtain city council approval of the preliminary plat. 2. All requirements of the fire marshal and building official must be met. 3. The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 4. All driveways and parking lots shall have continuous concrete curbing. 5. All requirements of the city engineer, or his consultants working for the city, shall be met regarding grading, drainage, erosion control, utilities and the dedication of any easements found to be needed. All conditions of the Maplewood engineering report dated September 19, 2006, must be complied with. 6. Repeat this review in two years if the city has not issued a building permit for this project by that time. 7. Any identification signs for the project must meet the requirements of the city sign ordinance and the PUD approval. 8. The setbacks are approved as proposed. 9. The applicant shall: . Install reflectorized stop signs at all driveway connections to Hazelwood Street and Kennard Street. . Install and maintain an in-ground lawn irrigation system for all landscaped areas. . Install all required trails, sidewalks and carriage walks. . Provide a plan for traffic signage subject to staff approval. . Provide a revised landscaping plan for staff approval providing additional landscaping around the ponds. 6 . Provide a screening plan to staff for approval for any visible utility meters on the outside of the building. No end units facing County Road D shall have meters. 10. The applicant shall submit an address and traffic signage plan for staff approval. 11. The applicant shall provide the city with cash escrow or an irrevocable letter of credit for the exterior landscaping and site improvements prior to getting a building pennit for the development. Staff shall detennine the dollar amount of the escrow. 12. All work shall follow the approved plans. The director of community development may approve minor changes. 13. A temporary sales office shall be allowed until the time a model unit is available for use. Such a temporary building shall be subject to the requirements of the building official. 14. The applicant shall work with staff to provide three crosswalks across Village Trail East to access the power line trail to the south. The applicant shall also provide three paved trail connections to the power line trail. This plan must be established before a building pennit is issued. 15. All street lights shall match the design of the street lights already used throughout Legacy Village. 16. The applicant shall install wetland protection buffer signs at a spacing of every 100 feet around the outer edge of the wetland buffer. These signs shall comply with the city's approved design for such signs and shall say, 'Wetland Buffer Area-Oo Not Mow, Cut, Dump, Disturb Beyond This Point-City of Maplewood." 17. The applicant shall provide the color scheme for all buildings to staff for approval. 18. The applicant shall stagger the retaining walls in a terraced fashion if they exceed a height of six feet. The applicant shall install a decorative, protective rail on the top of all retaining walls that exceed a height of four feet. This will be subject to staff approval. 19. The applicant shall utilize ''through the wall" venting to minimize the many roof penetrations that are potential for these buildings. 7 CITIZEN COMMENTS Staff surveyed the 209 property owners within 500 feet of this site for their comments. Of the eight replies received, two had no comment and six were opposed to this proposal. (These comments were received during the city's review of this project earlier this year.) Opposed . As a neighbor we completely disagree with this proposal. What we need in the area is a kids' park and green land. We were in fact told by our builder, Town & Country Homes, that at the time of our purchase that the city was thinking of having a park in our neighborhood. (Shah, 1635 Legacy Parkway) . Absolutely against any further development. The proposed area is the only area left with any trees. When we moved into our town home, we looked out onto woods with water and daily saw deer, fox and other wildlife. The new developments have destroyed what nature was here and the new development will destroy the only remaining nature. The developments have brought noise, increased traffic with high speeds and destruction of nature. There will be nothing "pretty" about the area anymore. This is the #1 reason we will be putting our home up for sale within the next few months. (Henderson & Waller, 1621 County Road D) . We oppose this development as it will diminish the wetlands which were on the original plan. This development will also add even more traffic into the area. With all the development thafs been done in the last year, we have high traffic already. (Tom Gelbmann, president of the Board for the Cardinal Pointe members/owners, 3003 Hazelwood Street) . I do not agree with tearing up the wetlands to build more town homes. The wetlands is one reason why I bought my town house. I enjoy watching all deer walk through there. Another reason why I bought my townhouse is because it is in a quiet location away from the commercial business and other townhouses. I think if you built more town houses in the area it will definitely lessen the chances for the rest of us to sell our home in the future. I think adding more town houses to the area will lower the market value. (Stebbing, 1567 County Road D) . I would like to see more green space in Legacy. By cramming in so many condos, ifs beginning to look like the projects. Please see to it that Legacy includes as much open green space as possible on this comer to make this a more attractive neighborhood. Consider this area 20-30 years from now. When overbuilding consumes every inch of land, rarely is a healthy, vibrant neighborhood present. Typically, this type of over-crowded area is pretty rough, attracting Iow-income households, gangs and crime. (Bailey & Shenigo, 1613 County Road D) . Refer to the attached e-mail letter from Jon Sticha, 1567 County Road D. Mr. Sticha's concems are regarding loss of trees, wetland and wildlife habitat. More housing will force existing homeowners to sell for less. There are too many vacancies now. Is there really a need for more town homes in this area? 8 REFERENCE SITE DESCRIPTION Site Size: 11 acres Existing Use: Undeveloped SURROUNDING LAND USES North: County Road D and Pineview Estates Townhomes South: Heritage Square Townhomes East Kennard Street and Heritage Square 2nd Addition Townhomes West: Hazelwood Street and Cardinal Pointe Cooperative PLANNING Land Use Plan Designation: Existing R3H Zoning: PUD APPLICATION DATE We received the complete applications and plans for these requests on September 11, 2006. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required by November 10, 2006. 9 p:sec 3\Legacy Townhomes 9 06 te Attachments: 1. Location Map 2. Property Une/Zoning Map 3. Land Use Plan Map 4. 2003 Legacy Village PUD Development Plan 5. Previous 119-Unit Legacy Townhomes Proposal 6. Site/Landscaping Plan 7. Proposed Subdivision 8. Building Elevations 9. Memo from Michael Thompson dated September 19, 2006 10. E-mail from Jon Sticha dated May 19, 2006 11. Plans date-stamped September 11, 2006 (separate attachment) 10 Attachment 1 lEE '~ ~ = < if .r 1 Jl , ~, 'a~ mell! '......, M' ~gB11~ ~~.. . PI... ;jlj JA^~ ',. [JJ"'d ;::;' " :r;. IIUgh '{'II E= ~ i 1".1.".,1 'j" €. .' i.ll'~ , iI'~ 1711 "!-c:' '~~I' 0.,,,,,, . I I.; I ~!] " , ~ I~ r:;"I , . ill i-::.!i'1ft ell ..8 ' ",.. "' 'f, ~ l . ",\"'" 1. ' -1..1, ~.' ,_'if ';ll] HiQ,Zf! 1=LflJQ ~I"'" ',,' r" I'll, il:~1 A j" ,~."C' ;~1~ '~~d " " . - ""l ~l]. ~i_1l! .,.~", ,~'% "g " :" ~ ,,~~~~ \ !'~r~, ,1,; ~. , II'LI 8 ~ Ii\i;~" ~ ---1&:<b'!? "- ,,' ;<~ ' , "': 'T' = g N / -. ~~~\ '1i :~~ ';;~~>.c~~ \ ,,< ~,.; ~. ". -L "; ~ lll: P--- ?,J! ~~~;: ~ ';'~,I~f ;~",", 1 "~I .~ .~';.~ 1.1.11'4- "' "~-jfl ~ .' "',' I- - (!). - -- '1:i' ---.... . - . ""1 . 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H (JI , jiL_H.c Iii ;; 2 . 1i5 ~ " jot.iii' ~ i - ~ ~ ~ if~~ifl~~ i~!~i~~~ ,;; 'i I ~ '5 ! ~ ~ ~~~~i~~i il~~;~i: DDDDlioi , ~ e i ~ ~ ~JiiJif 3~fi8~i~~ ~ ~~~8~S~~-~ ~~!~~~::~~I ;:.:r';;-&~=~~~~ i!!~~..8f~~tJ~ .~iiilillli O-iflU----'<( ~~ ; Ill-!O r~~: I~ji fit: :;;"H= ! _~_Il !tlr~K !-~our ~i~I~ ~i~ ;i ihii& 1~li era! i,~ ~ U i ::>wa: 13 \ Attachment 4 LEGACY VILLAGE AT MAPLEWOOD PROPOSED TOWN HOMES r'=,== ~ .~- i! =:;:J i{ HL ...ii). ~,>,~\.....-. ~ /"""""-"[ ___-:=:~:......-:~_=~ COUNTY ROAD D:-~-~-Jl__ i' I- .... W biJ-'''' ~"-if I- I::,J en 0-::0 0, o ~ s:~ ~. -I r:;; _.__Q_ w"'---~ ~ J: I" ,.!] " 0 !I ',.------ I: Oun.OT H I"." lr , 1{il"I- t !!! I ;; J " \'- I r , I ; Ll T:- i !L.. , -..... 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"'~ \,\. ...:= .~. ---"'. -,--,--,--- I ill I' ! ., .\\\,- / .~,- .. ,Ii', , I \\' .,~~~~.~~~~~ ~ \,:n:~\' ~K :,,;c;'-=>~u_m___~L.L..~~%~J(<~: --- ~~ - -~-::::s~;' ;-~-~-- - ~--- -- ~--- --I - - -i- -~~-::~:~ -;{ <<~m ,I II . A . I i I , , , , ! ! I- <( .....J a. >- c::: <( z - ~ - .....J W c::: a. o w (f) o a. o c::: a. I!I!I!~ ...... !!!!l 17 "I WI1:,I~D j '. I ~~ ~~ ~ ff~i rJ J I i ~ I I ~I ~~ I 5 I j i~ , Attachment 8 II 111~f I I JrJJii ~Ih ~ lIill. II! . < . I 5 I . I i Ii . z (!) - (f) w 0 (!) z - 0 ....J - :::> CO 0 W (f) 0 Q. 0 0:: Q. 18 ,. Attachment 9 Page 1 00 EOl!ineerinl! Plan Review PROJECT: Legacy Town Homes of Maplewood PROJECT NO: 06-11 REVIEWED BY: Michael Thompson (Maplewood Engineering Department) DATE: September 19, 2006 The developer, Hartford Group, Inc. has re-submitted project plans for the for the last town home segment of the larger Legacy Village development. The developer or project engineer shall make the changes to the plans and site as noted and shall address the concerns listed. Drainage & Treatment 1. All rainwater gardens, ponds, and wetlands shall have emergency overflow swales lined with a permanent erosion control blanket (Enkamat, NAG350, or equal) extending to the downstream receiving waters/drainage structure. Show this on the plans. The emergency overflow elevation and path shall be marked on the plans also. The high water levels need to be shown for the rainwater gardens. 2. Soil borings are not provided specifically within each proposed rainwater garden to ensure a 72 he draw down time therefore under-drain systems must be installed for both rainwater gardens. The under-drain systems shall be connected to the underground storm system. 3. Catch basin manhole 401 should have a sump elevation of 892.94. 4. It is unclear how runoff is being directed into the rainwater garden on the north side of the private road. On the second rainwater garden, the runoff is shown going from the parking area down to the garden via a rip-rap path. This is unacceptable due to possible erosion issues. The city recommends either using a drainage structure with flared end outlet or using a permanent Enkamat lined swale with rip-rip to extend all the way to the base of the garden. 5. Rip-rap shall extend from all flared end section down to the base of all ponds/gardens for all outlets. Grading & Erosion Control 1. The project engineer shall clearly detail a street-sweeping on the grading and erosion control plan for Kennard and Hazelwood Streets to address any tracking that may occur from the proposed development area. Also on the project plans, include a note that states watering of the site must occur regularly to keep dust to a minimum. 2. Any graded areas left undisturbed for more than 14 days shall be stabilized with a temporary seed such as MNDOT 110 O. On sheet Ll01 it refers to and old MNDOT seed mix of 60A which is no longer valid. 19 Page 2 of3 3. Show location and details of concrete washouts. 4. The grading at the southeast corner of the project shows a significant area draining to the low spot near the trail. Show spot elevation to ensure that there will be no standing water and that all runoff will get into the drainage structure. 5. The project engineer shall provide more information on the measures of containment for the stockpile in the northeast corner of the development and any other future stockpiles. Is the stockpile going to be used during rough grading and are there going to be multiple stockpile during rough grading? Will there be any excess material to be stockpiled after rough grading? If so, the stockpile must be seeded with MNDOT 150 TS or similar once site is stabilization. Please make this note on the plans. 6. The plans show stairs along various locations of the 5-foot wide concrete walk through the site. Please contact the City of Maple wood building department to see is ADA standards must be met. 7. The grading erosion and control plan shall provide phasing information through housing construction. More erosion and sediment control devices may be required at that time. Utilities 1. Submit plans to Mike Anderson at Saint Paul Regional Water Services (SPRWS) located at 1900 Rice St, Maplewood (2nd Floor) for their review and approval. The fire hydrant located at the end of the private drive for Units 7-12 and 13-18 within Block 2 is located against a retaining wall (does not have 8-feet oflateral separation). This could pose a freeze issue and must be discussed in length with Mike Anderson. 2. Submit plans to Tina Carstens at Ramsey-Washington Metro Watershed District located at 2665 Noel Drive, Little Canada for their review and approval. 3. Get proper water and sewer permits for the private development. Miscellaneous 1. The developer or project engineer shall submit a copy of the MPCA's construction stormwater permit (SWPPP) to the city before the city will issue a grading permit for this project. 2. The developer shall implement a homeowners association as part of this development to ensure that there is a responsible party for the regular maintenance and care of the ponds, rainwater gardens, retaining walls, private utilities, and all other features common to the development. 20 Page 3 of3 3. The developer shall sign a maintenance agreement, prepared by the city, for the gardens, ponds, and sumps. The project plans shall clearly point out the maintenance access route to each garden and basin. 4. A 20' wide easement needs to be dedicated over the centerline of the existing 18" storm sewer pipe that extends to Wetland F. The proposed steps over the storm sewer pipe shall be relocated outside of the easement. 5. The developer shall also dedicate a pedestrian trail easement on the plat or by separate document over the trail on the south end of the development. 6. The developer and project engineer shall satisfy the requirements of all permitting agencies. 7. The developer shall install crosswalk striping at the trail connection across Village Trail East. 8. The city will be investigating the feasibil~ of installing a traffic signal at the intersection of Hazelwood Avenue and County Road )'to mitigate the increase in traffic due to development in the area. p 21 Message Page 1 of2 Attachment 10 Tom Ekstrand From: Sticha, Jon, A [JASticha@Bremer.com] Sent: Friday, May 19, 2006 8:51 AM To: Tom Ekstrand; City Council; Diana Longrie (External) Cc: Gammell, Sarah Subject: Development Proposal - Legacy Townhomes Proposal I recently recieved information In the mail informing Maplewood citizens in my area about a proposed development by the Hartford Group, for the area south of County Road D between Hazelwood and Kennard Street. Tom Ekstrand has asked for a few comments, so I thought I would share them with all of you. First off, I don't want to sound like a hypocrit. I understand that growth and development in Maplewood has enabled myself to have a new town home in a new development. I don't take issue with a developer wanting to build. I take issue with where and when they want to build. The area being proposed for development is a wetland with big tall pine trees. When I chose to move to Maplewood, one of the things I really liked about my current residency was the view. Being in the city, but being able to look out and see habitat such as geese and the deer we have living there, has made this a very cozy place to live. It would be ashame to see a nice, natural habitat like that destroyed. Secondly, the timing. There have been so many townhomes built in this area during the last year that supply has far outweighed demand. There are new places being developed between Kennard and HOM Furnishings as well as many new townhouse buildings between Kennard and Hazelwood on Legacy Parkway. I've been closely watching these areas develop and two things are clear, construction speeds are slowing and houses are sitting on the market much longer. For example, the development I live in was forced to lower their selling price by $15,000 because they have 5 out of 6 townhomes on one side that they can't sell. With so much recently built and so many in the process I don't see why we need to develop the propsed area at this lime. . - What would I like to see happen? Again, I'm not opposed to growing and developing Maplewood, just the area and the timing. First of all, couldn't we find a better area for the Hartford Group to develop? What about an area like the old City View golf course along Beam? Maybe there are already plans for this, but it's an example of an area that would be much more appropriate for development. The other thing I would like to see happen is to make the Hartford Group wait on their development With so many vacancies why do we need to develop this area now. If in a year our two from now, all tha existing homes in the area have been filled, and demand is still that strong, I may be more Inclined to approve of their development. Assuming of course a better location can't be found. But right now there is realistically no need for more development. So there are my thoughts. If any of it is unclear, please feel free to contact me. Sincerely, Jon Sticha 1567-B East County Road D Maplewood MN. 55109 320-761-5151 Jon Sticha Eqw~~aedmcomeTndw Bremer Asset Management 651-312-3510 " y NOTICE - CONFIDENTIAL INFORMATION The information in this communication is proprietary and strictly confidential. It is intended solely for the use of the 5/22/2006 22 MEMORANDUM TO: FROM: APPLICANT: SUBJECT: LOCATION: DATE: Greg Copeland, Interim City Manager Shann Finwall, AICP, Planner Alfredo Frias, General Manager Boca Chica Taco House Sign Variance 1706 White Bear Avenue October 18, 2006 for the October 24 CDRB Meeting INTRODUCTION Alfredo Frias, general manager of the Boca Chica Taco House at 1706 White Bear Avenue, is requesting a variance in order to retain both freestanding signs on the property. The new freestanding sign (monument sign - 6 feet in height) was constructed earlier this year on the condition that the old sign (pylon sign - 25 feet in height) would be removed or that Mr. Frias obtain a variance from the city to keep both signs. Request Mr. Frias is requesting a variance from the sign code in order to have two freestanding signs on a property where only one freestanding sign is permitted. Background Summer 2002: The existing Burger King building at 1706 White Bear Avenue was remodeled into the Boca Chica Taco House. September 23, 2002: The city council adopted the Hillcrest Village Redevelopment Plan dated March 15, 2002, and the Hillcrest Village Urban Design Standards dated April, 2002. The plan and design standards were based on the Metropolitan Council's smart- growth development principles, which are designed to help guide changes in an area to create a village center with an active street life that mixes shops, workplaces, housing, passive recreation and civic uses. (Refer to the concept plan attached separately.) February 23, 2004: The city council adopted the mixed-use zoning district. The purpose of this zoning district is to provide areas in the city with a mixture of land uses, made mutually compatible through land use controls and high-quality design standards. February 23, 2004: The city council rezoned areas in the Hillcrest neighborhood (including 1706 White Bear Avenue) from business commercial and single-dwelling residential, to the new mixed-use zoning district. (Refer to the zoning map attached separately.) November 2005: The city issued Mr. Frias a freestanding sign permit which allowed the construction of a monument sign along White Bear Avenue (Attachment 3). The city issued the sign permit on the condition that the existing pylon sign be removed within 30 days of completion of the new monument sign, unless a variance was obtained to keep two freestanding signs. Approximately May 2006: The monument sign was complete. September 2006: Mr. Frias submitted a variance application to the city in order to retain both freestanding signs. DISCUSSION Mixed Use Sign Code The sign code for the mixed use zoning district allows one freestanding sign for each establishment if the building is setback at least 20 feet or more from the front property line. Freestanding signs must meet the following requirements: 1. Limited to six feet in height and 40 square feet in area. 2. Maintain a five-foot setback from any side or rear property line, but can be constructed up to the front property line. 3. Must consist of a base constructed of materials and design features similar to those of the front faQade of the building or development. 4. Must be landscaped with flowers or shrubbery. Any pre-existing conforming or nonconforming sign that would become nonconforming by adoption of the mixed use zoning district would be allowed to remain until such time as the sign is destroyed or removed. In addition, the sign may be refaced to the existing size, but may not be expanded without a variance. Boca Chica Signs Boca Chica had two signs prior to the monument sign, one wall sign and one 25-foot- high pylon sign (Attachments 6 and 7). The pylon sign became a legal nonconforming sign due to its size and setback once the property was rezoned from business commercial to mixed use. Last year Mr. Frias expressed concern to staff that the existing "Garrity's/Subway" pylon sign located at 1698 White Bear Avenue (the property to the south of the Boca Chica) blocked the visibility of the Boca Chica's pylon sign from the north bound traffic on White Bear Avenue. For this reason Mr. Frias proposed the monument sign (Attachment 5) which could be constructed up to the property line, as allowed by the mixed use sign code. He felt that this sign, even though it was not as tall as the pylon sign, would be more visible for traffic going northbound on White Bear Avenue due to its location closer to the road. Mr. Frias proposed relocating the existing pylon sign from this property to his Boca Chica restaurant in St. Paul. City staff issued the sign permit for the monument sign on the condition that the existing pylon sign be removed within 30 days of completion of the monument sign, or that a variance be obtained from the city to keep both signs. The monument sign was complete in approximately May of 2006. The pylon sign was not removed within 30 days of this date so city staff contacted Mr. Frias requesting the removal of the sign or the submittal of a variance request to retain both signs. Mr. Frias has chosen to apply for a variance in order to retain the second freestanding sign. He states in his variance statement (Attachment 1) that he would like to keep the two signs until the Garrity's/Subway pylon sign is removed allowing better visibility of his property. 2 The owners of the Garrity's/Subway property have submitted a community design review board application to the city requesting review of their proposed remodel and sign plan update. This item was submitted to the board two weeks ago, but will not be formally heard by the board until November. In their submittal they propose to reface the existing Garrity's/Subway pylon sign (Attachment 8). The sign will have the same square footage and be in the same location as the existing sign; however, the sign will be enhanced with brick and EIFS and the width will be reduced which may create better visibility of the Boca Chica property. Regardless, the Garrity's/Subway pylon sign as it currently exists or as it is proposed does not block the visibility of the new monument sign, only the existing pylon sign. Hardship State statute requires city's to base the approval of a variance on the determination of a hardship. "Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; 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. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. Staff finds that granting a variance to allow two freestanding signs on the Boca Chica property does not meet the hardship requirements. The property can still be put to a reasonable use with just one freestanding sign. The existence of the large Garrity's/Subway pylon sign which Mr. Frias feels blocks visibility to his property is unique to the property; however, the new Boca Chica monument sign is not blocked by the Garrity's/Subway sign and the sign is proposed to be enhanced and refaced which should increase visibility to the Boca Chica property. RECOMMENDATION Staff recommends denial of the request by Alfredo Frias for a variance from the sign code in order to have two freestanding signs on the Boca Chica Taco House property located at 1706 White Bear Avenue. The city is denying the variance for the following reasons: 1. The property can still be put to a reasonable use with just one freestanding sign. 2. The existence of the large Garrity's/Subway pylon sign located at 1698 White Bear Avenue will soon be enhanced and refaced, which should increase visibility to the Boca Chica property. 3. The Boca Chica monument sign is not blocked by the Garrity's/Subway sign. P:sec14\boca Chica Attachments: 1. Variance Statement 2. Location Map 3. Site Plan 4. Monument Sign Permit 5. Boca Chica Monument Sign 6. Boca Chica Pylon Sign 7. Boca Chica Wall Sign 8. Garrity's/Subway Pylon Sign 3 Attachment 1 September 15, 2006 To: Community Development Dept. From: Boca Cruca Inc. Boca Cruea's Taco House Maplewood Re: Zoning Code Variance , ",,rI'.. . .'i' , . ' . Dear Director of Community Development, I am writing to apply for a variance concerning the existence of our two signs on the property of Boca Chica's Taco House Maplewood. Upon opening in 2002, we updated the existing sign and made it attractive with landscaping and stonework. We began hearing from customers that it was difficult to see the sign because it was set back so far from the street. Also, the signs at Subway and Garrity's Bar were obstructing the view. We got permission to build a new sign, closer to the street. We complied with the specifications concerning that sign as well, also being informed that we would have to apply for a variance in the future. Our request is for a variance or special agreement with the council to keep our two existing signs until Garrity's Bar and Subway remove theirs or put up more up-to- date signs that will allow ours to be seen as well. We have endeavored to make our property attractive and appealing to add to the aesthetic quality of that corner of Maplewood. We feel it is important to our business to keep these two signs in order to attract customers and remain in that location. . Please consider my request. Thank you. ~~ Alfredo Frias General Manager, Boca Cruca Inc. 11 Concord Street 0 St. Paul, MN 55107 0 651.222.8499 11.,4.p.~~F~. D~rq.'.D. r...~~;.!!~.i ~op o"ID~~j::,~I,"c-lrtD ' .~~' I :~~~I~~~~Dl'o~~~~!aorC=:fJ'l"!1 1ft: 'I I 0 ,n r'I 0 . ',~ C\ D:'l 'I" '. i"-CJlo~~~'CJICJt!,RLJ00 ,J 1. Boca Chica Taco House 111~Tl~! ~ ~ co, 00 r"'1 1706 White Bear Avenue ~", 'IOl~ If&"+ ~ I' g~ "c ~ oJ n [\_ ,. U I' , ~ - = ,~ c::CJ~Cj[1"11 v~~ ~I cV ,,/ II rf,-~__< \ /". v~~'1 . " ~ _c~,II~ '-IlL OJ Ice '.' III ~ E 0 ~l'll n r::::n I[':J. 1 ~ II Ll ':;;;1 01] ~ ~ I , 0 1~' ur-;::;r 1 D~ . ~' g: ~_o;0 'll I '~ll,~l_~II~" IiI DO__j r,t:<' ~~. ~I_ cb'I;'I~jl~- : ~--~, ~ onl [?~^ "0 Q l ~ '~~ ~ "DC I r::; -~ I"" -i~-~> Ir~-"-~o g_I_~--- C!,IJ . II! ~c ",._~ ~'. ~~l-- Cl~ ::'~I!I[u~~~::~llg':R' .... ".', =J II ~Lf" =ngl!, ~~ _n::J-_~.~..' . Q I co , "_ [J. 1-_ r i~ In. ';~c-_v~, ~ ~' ~- ~;~ . --, :.,.0:..,. !-a'~ '. ".;'?5'II' G-~- ~,,=. ,'.1 'c_lw-gI1., ""g- r.iD/)1 J! G IH~c;;:_-T~: D\;'_~"T; I' <"0" -~'IW ,I "~~III[f-~~! g_~ J: :. ~c--, ~~~ I:II*~- ';-l-Jr ,:~LL! n 11 '1~9:CC'jD C1",I,r ~no~aM:: '_~~j!. Larpenteur Avenue 2 - -~/ I. ~ jl.~ I !': Attachment 2 ~o ~o ~ k~ <l:;>v .~~ () n '---"T~~o ~~. r. o GO'(j~w _---=-__~-~p _=_ CJ_;::""] c;JD ~,:p N W+E Location Map s Q) ::J C Q)I ~ , L.. I COI Q) al Q) +-' .- ..c I $1 N w ~~~ ~~~ s Attachment 3 II ,-,.1 r---, ,~ L Monument Sign J Pylon Si9~ ==:::J , ,- I E ,- I I I ~ ' I 'C":~";" : ~~>. taoo Hlxtse 1706 White Bear Avenuel J ,- (Hill L__ ~ Site Plan Attachment 4 Togelh2r We Can CITY OF MAPLEWOOD 1830 COUNTY ROAD BEAST MAPLEWOOD MN 55109 651.249.2300 FAX: 651.249.2319 Permit # : PL-05-00178 Date Issued: 11/02/2005 Receipt # : 00007180 Address PIN Permit Type Property Type Construction Type Activity Valuation 1706 WHITE BEAR AVE N 142922330014 Sign Permit Sign- Boca Chica- One 24sf 6ft high freestanding sign. Provide site plan at time of footing inspection. Provide engineering design information at time of inspection. City stamped plans required on site. Sign- Boca Chica- One 24sf 6ft high freestanding sign. Existing freestanding sign must be removed within 30 days of completion of the new freestanding sign unless a variance is obtained to keep two freestanding signs by the city council. Variance must be applied for within 30 days after completion of sign. Planning- SF Owner FEES Freestanding Sign Permit Fee 53.00 RGT INVESTMENTS 14 SHALLOW LN ST PAUL, MN 55127-6456 TOTAL 53.00 Applicant ATTRACTA SIGN 14680 JAMES RD ROGERS, MN 55374 (763) 428.6377 (763) 428-6377 AGREEMENT AND SWORN STATEMENT I agree that the work for which this permit is issued shall be performed according to: (I) the conditions of this permit; (2) the approved plans and specifications; (3) the applicable city approvals, ordinances and codes; and, (4) the state building code. This permit is for only the work described and does not grant permission for additional or related work that requires separate permits. This permit will expire and become null and void if work is not started within 180 days, or if work is suspended or abandoned fOf a period of 180 days any time after work has commenced. The applicant is responsible for assuring all required :':;;"'/~fA0;"Z;;;"'""~ Date: j JfiI!... I' / SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE Attachment 5 1-' - ,,;" MJ>.I ~Vl'-( ~ -1'4 101 +-' ~ J,?'~1: . ~. ",- t." ,~. ' ~II ': ~ ; \ V ~~.v>Ph~~ .-pC ~ ~l ) \I) ~\c.<::. \~" ~>lC..,=..\(; '.1' . ~R."TL - If:~' , ~... . I. - ':~ * . , , . I I. f , Y, 1.-~ T~~-+' :W/d!- Ml.f Monument Sign N , .. io ~ 10" ~ .. - Attachment 6 PAN FORMED CLEAR FACES S WITH EMBOSED copy BOCA CHICAS - MANGO VINYL llICO HOUSE - 230-33 RED BACKGROUND - 2655-C LAVENDER ALL COPY 2ND SURFACE CABINET - 265S-C c::- TWO ROWS OF CLEAR RED NEON ~ PAN FORMED FACES NOT EMBOSED DRIVE THRU - MANGO VINYL BLACK OUTUNE BACKGROUND - 265S-C CABINET- 265S-C READER BOARD INCWDES ADM BLACK 300 L.ETTI:R COMMERCIAL FONT AND 18' CHANGER POLE NEW ALUMINUM POLE WRAP PAINT PMS 3 285S-C EXISTING T' X 16" I-BEAM bt\.::t Z' 1 ~---------- Pylon Sign 20" Attachment 7 14' I ]ILLUMlNASTED LETTER DISPLAY RETURNS: FACES: TRIM CAP: NEON: RACEWAY: BRONZE WHITE ACRYLIC WITH KUMOIJATE VINYL OVERLAY BRONZE 8500 WHITE MATCH 11!RRA COTTA ROOF nLES SCALE 1/2" = 1'-0" Wall Sign '" . ~ r I I I I I I I I I I I I I I I L...___ Attachment 8 1-4'-"'- _'NI~ METAL TRIM I I c,f.\!.ST 0<4/:' I ~------~ I PLAZA I'V, 1L.L.lJ"1INATEO leACK-L.IT) M!!TAL CAelINET SIGN IIII!OB'1OVAeL.E Ac:RYL.IC PANEL.S I I...... I II I II I II II I TAjIiJ'." ~I 11 II I COfI!~ SHOP . bilJiybrkl II II L.INE OF EXISTING SIGN 1!lI'llCl<. CAST STONE c:NA AIOCl-lITECTURAL FACE c:oNc:I'll!TE el.oc:K MONUMENT SIGN Garrity's/Su bway Pylon Sign Reface