HomeMy WebLinkAbout11/20/2006
MAPLEWOOD PLANNING COMMISSION
Monday, November 20,2006, 7:00 PM
City Hall Council Chambers
1830 County Road BEast
1, Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
a. November 6, 2006
5. Public Hearings
7:00 Alley Vacation - Driscoll (south of Frost Avenue and east of Walter Street)
7:15 Walgreens (Northeast Corner of White Bear and Beam Avenues)
Land Use Plan Amendment (LBC to BC)
Zoning Map Change (LBC to BC)
Lot Division
6. New Business
a. Resolution of Appreciation - Jim Kaczrowski
b. City Private Street Policy
7. Unfinished Business
None
9. Visitor Presentations
10. Commission Presentations
November 13 Council Meeting: Ms. Dierich
November 27 Council Meeting: Ms. Fischer
December 11 Council Meeting: Mr. Grover
December 18 Council Meeting: Mr. Yarwood
11. Staff Presentations
Reschedule December 18 Meeting - Tuesday December 19 or Wednesday December 207
12. Adjournment
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
MONDAY, NOVEMBER 6,2006
I. CALL TO ORDER
Chairperson Fischer called the meeting to order at 7:28 p.m.
II. ROLL CALL
Vice-Chairperson Tushar Desai
Commissioner Mary Dierich
Chairperson Lorraine Fischer
Commissioner Michael Grover
Commissioner Harland Hess
Commissioner Jim Kaczrowski
Commissioner Gary Pearson
Commissioner Dale Trippler
Commissioner Jeremy Yarwood
Present
Present
Present
Present
Present
Absent
Present
Present
Present
Tom Ekstrand, Senior Planner
Ken Roberts, Planner
Lisa Kroll, Recording Secretary
Staff Present:
III. APPROVAL OF AGENDA
Commissioner Pearson moved to approve the agenda.
Commissioner Hess seconded.
The motion passed.
IV. APPROVAL OF MINUTES
Ayes - Desai, Dierich, Fischer, Grover, Hess,
Pearson, Trippler, Yarwood
Approval of the planning commission minutes for October 2, 2006.
Chairperson Fischer had a correction on page 7, third paragraph, change peace meal to piece
meal.
Commissioner Trippler moved to approve the planning commission minutes for October 2,2006,
as amended.
Commissioner Desai seconded.
Ayes - Desai, Fischer, Hess, Pearson,
Trippler, Yarwood
Abstentions - Dierich, Grover
Planning Commission
Minutes of 11-06-06
-2-
V. PUBLIC HEARING (7:30 - 8:03 p.m.)
a. Saint Paul Regional Water Services Sandy Lake Site (County Road B - West of 1-35E)
Mr. Ekstrand said John Blackstone, of the St. Paul Regional Water Services (SPRWS), is
requesting that the city council allow the continued operation of a recycle-materials storage
operation. Currently, the applicant is using this property, the Sandy Lake site, as a place to
deposit dirt, concrete and bituminous rubble that accumulates after the SPRWS repairs water-
main breaks. Mr. Blackstone has explained that they have been doing this already, but he would
like approval to be allowed to periodically crush this material, or recycle it, for use later in restoring
the ground after water-main breaks. The crushed materials would be stored on site in a row of
concrete-walled bins which would hold sand, c1ass-V gravel mix, other gravel, lime grit and cold
asphalt mix. These bins would be the only items constructed on the site. The bins would measure
20 feet wide, 30 feet deep and six feet tall. The water conduits from Lake Vadnais are on this site.
The site is currently being capped and native grasses will be planted on over two thirds of the
open space. They do not anticipate increased generation of traffic. Construction activities
including the material crushing will be conducted during normal business hours. Crushing would
occur once every year or two. There are approximately 150 water main breaks in their system per
year. If a main break occurs at night or on the weekend, they need to restore residential water
immediately to continue to serve residents.
Commissioner Trippler said in the CUP project summary on page 12, in number 5, second
paragraph, in the last sentence it states all SPRWS vehicles will be directed to enter the facility
from the west (Rice Street). Based on the map staff included in the packet that didn't make sense
because Rice Street wasn't represented on the map.
Mr. Ekstrand said Commissioner Trippler is correct. Rice Street is not represented on the map but
County Road B is labeled on the map. As you leave the property and take a left that would take
you directly to Rice Street.
Mr. Roberts said he thinks Mr. Ekstrand is trying to say rather than having the traffic approach the
site from the east from 35E or from McMenemy Street, all traffic would be coming to and from the
site from Rice Street.
Commissioner Trippler said if people would drive up to Rice Street and turn on to County Road B
and enter the facility then are you asking for a driveway on County Road B?
Mr. Roberts said there is already a driveway located there.
Commissioner Trippler said in condition number 6 of the staff recommendations the condition
states when dust becomes a problem, "who" defines or decides when dust becomes a problem
and something needs to be done about it?
Mr. Ekstrand said staff would determine if dust is a problem. If city staff received complaints by
telephone staff would act on that as well. Otherwise staff would assume dust would not be a
problem at the site.
Commissioner Trippler asked if staff would be agreeable to striking the beginning of condition
number 6 when dust becomes a problem?
Planning Commission
Minutes of 11-06-06
-3-
Mr. Ekstrand said that's fine.
CommissionerTrippler said SPRWS wants the site to be available 24/7 incase of an emergency,
but in terms of using the crushing operation, that would be used for a limited time. He would feel
more comfortable if it limited the hours of operation because of potential noise and other issues
for the neighbors so the crushing operation would not be done in the middle of the night or on a
Sunday afternoon for example. He would recommend limiting the crushing operation hours from 7
a.m. until 7 p.m. Monday through Friday and from 8:00 a.m. until 12:00 p.m. on Saturday.
Mr. Roberts said if the commission wanted to include that it could be added to condition number
5.
Commissioner Pearson said the staff report did not include "where" the crushing operation would
be located on the site in relation to the homes in the area. He asked what the setback was in
terms of noise for the residents in the area?
Mr. Ekstand said that is not identified in the staff report and Mr. Blackstone can address that
question when he has the opportunity to speak. However, you can see where the materials are
being stockpiled right now if you visited the site and staff assumed that is where the operation
would occur.
Commissioner Pearson said he noticed that and he thought that would be about 200 feet from the
homes. Noise could be a problem if it would be closer than that.
Chairperson Fischer asked the applicant to address the commission.
Mr. John Blackstone, SPRWS at 1900 Rice Street, Maplewood, addressed the commission. He
said the location of the crushing operation would be located on the northeast side of the site
which would be as far away from the residential area as they can get. The crushing would be
contracted out with companies such as Semple Excavating who has done work for the City of
Maplewood. The crushing would be done during the work week during normal business hours.
Any work done in the evening or weekends would be very costly and charged as overtime.
Chairperson Fischer asked the applicant if he had any problems with the conditions listed in the
staff report?
Mr. Blackstone said no.
Chairperson Fischer asked if anyone in the audience wanted to speak regarding this item to come
forward.
Mr. Thomas Peck, 120 County Road BEast, Maplewood, addressed the commission. He said his
main concern is the standing water in his yard. He said when SPRWS started modifying the
terrain in the 1990's his backyard has been getting flooded every spring. He asked if they would
continue pumping the water out like they have for the last six years with a six-inch diesel pump to
remove the water out of his yard.
Planning Commission
Minutes of 11-06-06
-4-
Mr. Blackstone said SPRWS started depositing lime sludge in the Sandy Lake area in the late
1930's and early 1940's and over time the levies were built. The plan now is that this area is
raised with a 1 % slope down in the southwest direction. That was an agreement worked out
between the City of Maplewood, the Minnesota Pollution Control Agency, and the Watershed
District. The city and the Watershed District preferred the water to sit on the land as long as
possible and the MPCA "didn't" want the water to sit on the land because they didn't want it to
infiltrate. Then the three entities agreed there on a 1 % slope planted with native grasses. The
water will run through the ponds and go into Trout Brook. The grading permit would be issued by
the city and this would be an agreement between the City of Maplewood and the Watershed
District and the MPCA.
Mr. Peck said he wanted some assurance that the SPRWS will continue to use the service road.
If the flooding continues to be a problem it is easy to raise the road. If SPRWS is going to
continue to drain water off his property which happens once or twice in the spring, than he is fine
with that. If another situation happens then he will have a problem with that and complain.
Mr. Blackstone said he didn't think there were any other plans to change the operation at this
time. He said Mr. Peck's concerns were noted.
Mr. Peck said if the city wants him to call every time dust is a problem from this site then he will
do so. He said if he washes his truck in the morning by afternoon his truck is so dusty he can
write his name in the dust on his truck. He said he deals with it because he knows he could have
worse neighbors than SPRWS and so far they have been okay to work with.
Mr. Will Rossbach, Maplewood city councilmember addressed the commission. He said he is
here to speak in the role of a water board commissioner, the group that regulates this utility. He
said he was fortunate enough to get a tour of the SPRWS facility about a month ago and part of
the tour was forthe Sandy Lake area. Not too long ago a proposal for soccer fields was approved
but has since been eliminated. The lime pits are difficult to project what exactly will happen with
the dirt when you put it into the pit. The concept to have soccer fields requires a flat playing field
and due to the unsettling nature of the soil the concept to have soccer fields was ruled out. We
are all trying to do things together to reduce costs and be more efficient and this is a good
example of working well together. It's less expensive for the utility company to do things this way
and less expensive compared to having the work done off site and is less efficient. The rumor is
that the capping of the lime fields will be done on a much quicker schedule than originally
anticipated. Staff had said it would take a year or so and now Frattalone Excavating is working on
a project where they will have a very large quantity of soil to get rid of. Frattalone Excavating is
willing to charge the utility company basically nothing to cap the rest ofthe lime field and this may
get done yet this year. When the hauling of the dirt is done the traffic should be diminished
significantly because most of the trucks that go to the site are bringing in fill to dump. The
dumping process had stopped at one time because the utility company ran out of money. It's
always a good thing when the city can take something someone else doesn't want which helps
both parties involved.
Mr. Blackstone invited the planning commissioners and staff to call and schedule a tour of the
SPRWS facility. He said SPRWS wants to be a good neighbor to the city and think it is an
interesting tour for people to see what we do here and how things operate.
Chairperson Fischer closed the public hearing.
Planning Commission
Minutes of 11-06-06
-5-
Commissioner Pearson moved to adopt the resolution approving a conditional use permit for the
St. Paul Regional Water Services proposed material-storage and crushing/recycling operation on
the Sandy Lake site south of County Road B. Approval is based on the findings required by
ordinance and subject to the following conditions: (Additions to the conditions are underlined
and deletions are stricken.)
1. The applicant shall comply with the site plan date-stamped October 6, 2006. All construction
shall follow that approved site plan. The director of community development may approve
minor changes.
2. The construction of the bins and paving of the driveway apron must be substantially started
within two years of council approval or the permit shall become null and void.
3. The city council shall review this permit in one year. If the applicant has not substantially
started this project by that time, the city council may renew this permit.
4. The applicant shall submit a detailed plan for the approval of the city engineer and the Capitol
Regions Watershed District showing how they will prevent any erosion and sediment from
leaving the site. This plan shall also include the restoration of the riprapped areas of the slope
down to the pond and detail the construction of a paved driveway apron from County Road B
back 50 feet into the site along both branches of the driveway.
5. The annual materials-crushing operation shall be reviewed by staff after the first time to
evaluate whether there were any problems or nuisances caused by this activity. The city
council may prohibit any subsequent crushing activity if problems and complaints occur. The
hours of operation for the crushina shall operate between the hours of 7 a.m. and 7 p.m.
Mondav throuah Fridav.
6. 'Nhen dust becomes a problem, The applicant must keep the site watered to control the dust.
Commissioner Trippler seconded.
Ayes - Desai, Dierich, Fischer, Grover,
Hess, Pearson, Trippler, Yarwood
This motion passed.
This item goes to the city council on November 27,2006.
VI. NEW BUSINESS
None.
VII. UNFINISHED BUSINESS
None.
VIII. VISITOR PRESENTATIONS
None.
Planning Commission
Minutes of 11-06-06
-6-
IX. COMMISSION PRESENTATIONS
a. There were no planning commission items to discuss at the October 9, 2006, city
council meeting; therefore, Mr. Yarwood did not need to attend the meeting. Mr. Roberts
reported on the city council meeting. He said the first discussion regarding the south
Maplewood moratorium took place. The city council requested additional discussion be
added to the next city council meeting to discuss it further.
b. Mr. Roberts reported on the October 23, 2006, city council meeting.
The city council heard the first reading of the south Maplewood moratorium which would
include properties south of Carver Avenue along with both sides of the freeway for properties
zoned R-1 (R) and F (Farm). The second reading will be on Monday, November 13, 2006. The
council also approved the preliminary plat for the Legacy town homes on the northwest corner
of Legacy Village. The city council adopted a resolution to keep options open for TIF financing
for the Gladstone area. Various task forces have been working on the property at Highway 5
and Highway 120 regarding the possibly development of that property. The city council
authorized staff to proceed with the former Marshlands property proposal which would involve
wetland restoration, wetland credits, marshlands and possibly an environmental classroom
setting.
City councilmember Will Rossbach updated the planning commission on the Gladstone
Redevelopment Area. He said the city council took the task force master plan along with its
goals and directives and edited them inserting the city council's wording and kept it in the
same format. Then staff took that information to come up with a partial new layout. This will be
worked on again at a workshop Monday, November 13, 2006, at 4:00 p.m. When the city
council is done with the final plan it will be available for the public to view on the internet or by
coming to the city hall to get a copy of it.
c. Ms. Dierich will be the planning commission representative at the November 13, 2006,
city council meeting.
Items to discuss include the second reading of the south Maplewood moratorium ordinance
and a public hearing for the closing of the St. Paul Tourist Cabins and manufactured home
park. A developer has been working with the residents and slowly moving them out of the
park. A state law requires the city hold a public hearing when a manufactured home park is
being closed.
d. Ms. Fischer will be the planning commission representative at the November 27,2006,
city council meeting.
The only planning commission item to discuss is the CUP for Sandy Lake for the materials
storage and recycling for the SPRWS.
Planning Commission
Minutes of 11-06-06
-7-
e. Lorraine Fischer spoke regarding the Livable Communities Grant proposal.
Chairperson Fischer read a notice that stated on November 3,2006, the Livable Communities
Advisory Committee completed its evaluation of the 2006 Livable Communities Demonstration
Account grant proposals and determined the proposals it will recommend for funding. The
committee decided to recommend ten proposals for funding, of the 17 remaining under
consideration. The application forthe Gladstone Neighborhood project has been recommended
by the committee to receive $1,800,000. The advisory committee's recommendation will be
presented to the Council's Community Development Committee (CDC) on Monday, November
20,2006; at 4 p.m. CDC action is scheduled for Monday, December 4,2006, with Met Council
action on the grant awards expected on Monday, December 13, 2006.
X. STAFF PRESENTATIONS
Due to a budget hearing in the city council chambers on Monday, December 4, 2006, we
need to reschedule the meeting to either Tuesday, December 5, or Wednesday, December
6, 2006.
The majority of the commissioners are able to attend the planning commission meeting on
Tuesday, December 5, 2006.
XI. ADJOURNMENT
The meeting was adjourned at 8:23 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
DATE:
INTRODUCTION
City Manager
Ken Roberts, Planner
Alley Vacation
Between Frost and Fenton Avenues and between Walter Street and
Phalen Place
November 7, 2006
Ms. Judy Driscoll is proposing that the city vacate an existing alley. This unused alley runs north
and south between Frost and Fenton Avenues and is between Walter Street and Phalen Place.
Ms. Driscoll wants the city to vacate this alley because it has not been used in several years and
so she would have additional private property behind her existing house. (Please see the
applicant's statement on pages three and four and the maps and plans on pages five through
seven.)
DISCUSSION
The city acquired the alley in question many years ago when the developer of the Kavanagh and
Dawson's Addition recorded the final plat with Ramsey County. Ms. Driscoll is requesting the
alley vacation because her existing house is set near the rear of her property. By having the city
vacate the alley, she (and her neighbors) will acquire an additional ten feet of land along the rear
sides of their properties. Neither the city nor the developer of the neighborhood ever paved or
improved the alley.
Jon Jarosch of the city engineering department reviewed this request. (Please see his comments
on page eight). He stated that the city does not have a need for the alley in question. He noted,
however, there is a low area near Fenton Avenue that could collect storm water. Part of the low
area appears to be in the alley. As such, he is recommending that the city keep a drainage and
utility easement over the entire vacated alley. Such an easement also would accommodate the
needs of Xcel Energy for their existing power lines.
The property owner at 1907 Phalen Place, Mr. Buehlman, is asking the city to keep at least part
of the alley in place from the rear of his property to Frost Avenue. This is so he may have access
to the rear of his property. (Please see his survey comments on page ten.) As Ms. Driscoll notes
in her statement, the city could vacate the part of the alley from Fenton A venue north to the north
property line of her property and then keep the remainder of the alley in place (the north 100 feet)
for the access to Frost Avenue.
The city and the adjacent property owners have no plans to build an alley or public utilities in this
location. Maplewood has no plans to develop or use the existing alley for any type of public
access.
RECOMMENDATION
Approve the resolution on page 12. This resolution is for the vacation of the north south alley that
is between Frost and Fenton Avenues and is between Walter Street and Phalen Place (except
the north 100 feet adjacent to Frost Avenue). The reasons for the vacation are as follows:
1. It is in the public interest.
2. The city and the property owner do not need or use the alley in question for street, access or
public utility purposes.
3. The properties adjacent to the alley have adequate street access.
This vacation is subject to the city keeping a drainage and utility easement over the vacated alley.
REFERENCE INFORMATION
Application Date
The city received the complete application and plans for this request on October 24, 2006. State
law requires that the city take action within 60 days of receiving complete applications for a land
use proposal. As such, city action is required on this proposal by December 22, 2006.
P:\sec16\Alley Vacation (driscoll) - 2006
Attachments:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Applicant's statement
Location Map
Address Map
Property Survey
Comments from Jon Jarosch dated November 2, 2006
Letter dated November 2, 2006 from Xcel Energy
Survey Comments from Edward Buehlman
Letter dated October 30, 2006 from Wayne Sachi
Vacation Resolution
2
Attachment 1
Judith Driscoll
1896 Walter Street
Maplewood, MN 55109
October 12,2006
OCT ? ! 2006
REeE, VED
Members of the Maplewood City Council
Maplewood City Hall
1830 County Rd B
Maplewood, MN 55109
Re: Vacation of Alley running parallel to Walter Street and Phalen Place from Frost
Avenue to Fenton Place.
Dear Council Members:
I'm writing to request the vacation of the unpaved alley referenced above. It is my
understanding that this alley has not been used by the city for a number of years; I have
not seen it driven upon during the 6 years that I've owned my home. Although this alley
once served as a portion of the driveway to my garage, the garage opening was moved by
a previous homeowner from the alley side to street side, allowing the garage to be
accessed from Walter Street via a driveway. The garage opening facing the alley has
been permanently sealed.
My house is located on the back of my lot, abou116 - 18 feet from the center line of the
alley. The proximity of my house to the back of the lot also makes it very close to a
rental house directly behind it on Phalen Place. If! were to install a fence that would
serve as a privacy screen and sound barrier between my home and the rental house, it
would have to be installed approximately 6 - 8 feet from my house to clear the alley.
Vacation of the alley would allow me to install the fence further away from the house,
allowing me to save 2 healthy trees that would otherwise need to be removed to make
room for the fence.
All but one of the homeowners adjacent to this alley have signed the enclosed vacation
petition. The neighbor not in favor of the alley vacation, Ed Buehlman, has indicated that
he would like to be able to access the back of his lot via the existing alley. One possible
resolution might entail a partial alley vacation, from Fenton Avenue to the north end of
APPLICANT'S STATEMENT
3
my lot. This would allow Mr. Buehlman to reach the gate to his backyard fence via the
remaining section of alley.
I thank you for your time and attention in the consideration of this request. Please do not
hesitate to call me at 6] 2 96] 2] 99 (cell) or 65] 793 9495 (home) should you have any
questions.
Respectfully,
(1~
Judith Driscoll
Enclosures (5)
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I HER-ED CER'l rr 'rH.A ~-?;THIS IS .A '111 Ult .AN CORRECT EPRESENT TION
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As SUJ\J'ETED BY HE THIS 8TH DAT OF !Ler 1975 A.D.
PROPERTY SURVEY
EDWARD J.BrrEHLI1&.. ,.....a-- .. ". ~d..;;yr. ..~d.(
.':;v"oy 10" 16-29-22 -. ,.. Slgn~ ,L~ 'f...ZE.-~-~-'--
I1APl.,EWOOD, RAlfSET COrJNTT,11rNN';.7 ,:y MIMe.ola Re~I"rallon No. 5712
, .
Attachment 5
Page 1 of 1
En2ineerinl! Plan Review
PROJECT: 1896 Walter Street (AlIey Vacation Request)
RE\1EWED BY: Jon Jarosch (Maplewood Engineering Department)
DATE: November 2nd, 2006
Ms. Judith Driscoll, 1896 Walter Street is requesting the vacation of an existing unpaved alley
that runs north-south between Fenton Avenue and Frost Avenue. The vacation of this alley
would allow her to place a privacy fence behind her home without disturbing two trees on her
property.
One issue that was noted during a recent site visit was a relatively low spot near the south end of
the proposed alley vacation. This area seemed to be the low point in the area, which could be
subject to ponding during large storms. For this reason it is suggested that a drainage and utility
easement be maintained over the current alley. This would ensure that the City of Maple wood
would have access to the area should remediation be needed in the future.
8
<~)
Attachment 6
1l Xcel Energy@
_:,-:',]
1700 East County Road E
White Bear Lake, Minnesota 55110-4658
11-2-2006
City of Maple wood
Ken Roberts
1830 County Road BEast
Maplewood, MN 55109
To Whom It May Concern:
Xcel Energy has no objection to the easement vacation requested by Judith
Driscoll of 1896 Walter Street.
However, Xcel Energy retains the right to maintain and operate the existing
Electric facilities in the proposed vacated easement..
If you have any questions please feel free to call me at 51-779-3122.
Sincerely,
Dwight Odegard
Sr. Designer
651-779-3122
9
MAPLEWOOD
ii
Attachment 7
Together We Can
EDWARD BUEHLMAN
1907 pHALEN PL
~MN 55109
A f.l r>j':;tClCD ,l.
October 27,2006
NEIGHBORHOOD SURVEY: PROPOSED ALLEY VACATION - BETWEEN FROST AND
FENTON AVENUES AND WALTER STREET AND PHALEN PLACE, MAPLEW(i)OD
What is Beina Reauested?
Ms. Judy Driscoll, the owner of the property at 1896 Walter Streat, has submitted an appliqation to the city to
vacate an unused alley. This. alley right-of-way is 20 feet wide and it runs north south between Frost and
Fenton Avenues and is between Walter Street and Phalen Place. Refer to the endosed statement and maps
for more infonnation about the proposed vacation.
Whv this Notice?
City staff wishes to infonn you about this proposal and seeks your input in any of the following ways:
1. Mail your comments to me. Please write any comments you have below or on the back of this letter. I
have endosed an addressed return envelope for your use to mail in your comments. Please note that
any letters and attachments that you send to the city am considered pubHc InfomIation and city
sIaff may use them in staff I1lpOIts that go to the planning commission and city council.
2. Call me at (651) 249-2303 or e-mail meatKen.Roberts@CI.Maplewood.MN.US.
3. Attend the planning commission or city council meetings and give your comments. City staff will notify
you of the dates of the meatings by mail once the city has scheduled them.
Please reply by November 6, 2006 (whether you e-mail.mail or phone in your comments).
c ('<;:c\\J'C,.D
1,.,1 ~
. "?, l'U'U'il
~~'l \)
KENNETH ROBERTS - PLANNER
Enclosures
1.
2
3.
4.
Applicanfs statement
Location Map
Address Map
Property Survey
Comments:
r would like too accress the rear of mv orooertv 1907 Phalen Place
from Frost Ave.1915 Phalen PI.is up for sale & a riqht too vacate the
alley would have too come from the new owners.WE have utility poles
along the alley,r am sure the utility company would have a easement
so they can repair the lines.We need the City's input.
If the vote vacate the alley-so let it be.
/:,J0~<Jll <B~
10
OFFICE OF COMMUNITY DEVELOPMENT 651-249-2300
CITY OF MAPLEWOOD 1830 COUNTY ROAD BEAST
FAX: 651-249-2319
MAPLEWOOD, MN 55109
Attachment 8
j',-, '
. 2 =::15
October 30, 2006
To: Mr. Kenneth Roberts
Planner
City of Maple wood
1830 County Road BEast
Maplewood, MN 55109
From: Wayne Sachi
1100 Frost Ave.
Maplewood, MN 55109
Re: Request for alley vacation by Ms. Judy Driscoll, 1896 Walter St.
Mr. Roberts,
I supported Ms. Driscoll in her request to vacate the alley adjacent to my pro~rty, at
1100 Frost, however in consideration of Mr. Buehlman's desire to maintain access to the
rear of his lot via the alley I believe the alternate proposal for a partial vacatioll, from
Fenton to the north property line of Ms. Driscoll's property, is the better plan and I
support this rather than a total vacation.
Also, since there are utility poles along the alley, will there be a utility easement in place?
If you have any questions please call me at 651.776.3168 ore-mail me at
wsachi@iuno.com
Sincerely,
~.;;7F/t~/~...z A~t: ~
Wayne Sachi
11
Attachment 9
VACATION RESOLUTION
WHEREAS, Ms. Judy Driscoll of 1896 Walter Street applied for the vacatioltl of the following
alley:
That north-south alley in Block 3, Kavanagh and Dawson's Addition to Gla<!stone, that is
between a point 100 feet south of the south right-of-way line of Frost Avenue and lt1e north right-of-
way line of Fenton Avenues and between Walter Street and Phalen Place as shmWl on the plat of
Kavanagh and Dawson's Addition, Ramsey County, Minnesota (in Section 16, ToWnship 29,
Range 22).
WHEREAS, the history of this vacation is as follows:
1. On November 20, 2006, the planning commission held a public hean;g about this
proposed vacation. The city staff published a notice in the paper and sent n tices to the
surrounding property owners. The planning commission gave everyone at hearing a
chance to speak and present written statements. The planning commission 1I1so considered
reports and recommendations of the city staff. The planning commission r~mmended that
the city council approve the vacation.
2. On December 11, 2006, the city council reviewed this proposal. The FOuncil also
considered reports and recommendations of the city staff and planning comf1'lission.
WHEREAS, after the city approves this vacation, the public fee title interes. in the property
will go to the following described properties:
1. 1907 Phalen Place (PIN 16-29-22-42-0010)
2. 1899 Phalen Place (PIN 16-29-22-42-0011)
3. 1893 Phalen Place (PIN 16-29-22-42-0012)
4. 1101 Fenton Avenue (PIN 16-29-22-42-0013)
5. 1896 Walter Street (PIN 16-29-22-42-0014)
6. 1100 Frost Avenue (PIN 16-29-22-42-0015)
7. 1915 Phalen Place (PIN 16-29-22-42-0009)
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation for the following reasons: :
1. It is in the public interest.
2. The city and the property owner do not need or use the alley in question fqr street, access
or public utility purposes. I
3. The properties adjacent to the alley have adequate street access.
This vacation is subject to the city keeping a drainage and utility easement over th, vacated alley
in question. :
The Maplewood City Council adopted this resolution on
,2006.
12
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
DATE:
Greg Copeland, City Manager
Shann Finwall, AICP, Planner '
Walgreens Pharmacy - Lot Division, Compreh~nsive
Land Use Plan Change, Zoning Map Change I
Northeast Corner of Beam and White Bear Avenu~s
November 15, 2006 for the November 20 Plannin~
Commission Meeting
INTRODUCTION
Project Description
Semper Development, representing Mogren Landscaping and Walgreens, is ~rOPOSing
to construct a 14,820-square-foot Walgreens retail store with a drive-through pharmacy
on a vacant lot located on the northeast corner of Beam and White Bear Ave ues. The
proposal includes subdividing the 2.83-acre lot into two lots. The western lot ~ill be sold
to Semper Development for the development of the proposed Walgreens anej the
eastern lot will be retained by the Maplewood Financial Center (Premier Ban~) for future
development. I
,
The property is zoned and guided in the city's comprehensive plan as Limiteq Business
Commercial (LBC), which allows for offices, medical or health-related clinics, Iday care
centers, or similar uses. In order to operate a retail store and pharmacy froml the newly
subdivided western lot, the proposal also includes a request for a comprehen~ive land
use plan and zoning change to Business Commercial (BC). .
Requests
i
I
To build this development, the applicants are requesting that the city approv~ the
following: i
1. Lot division in order to subdivide the 2.83-acre lot into two separate lofs.
,
2. Comprehensive land use plan change from LBC to BC.
3. Zoning map change from LBC to BC.
4. Design review.
The planning commission should review and make a recommendation on theilot division,
comprehensive land use plan change, and zoning map change at the Nove~er 20,
2006, planning commission meeting. The community design review board ( DRB) will
review and make a recommendation on the design issues at their November 8, 2006,
meeting. Final action by the city council is currently scheduled for December, 11, 2006.
BACKGROUND
May 28, 2004: The City of Maplewood received complete land use applicatio s from the
Maplewood Financial Center (Premier Bank) for a comprehensive land use pi n change,
zoning map change, and design review for a proposed Walgreens retail store and
pharmacy and a future office building to be located on the northeast corner 0 Beam and
White Bear Avenues. City staff soon received notice from the underlying pro erty owner
(Mogren Landscaping) that Maplewood Financial Center's lease on the land id not
allow the development of a pharmacy and that they were disputing the applic nts'
request to rezone the property. City staff notified the applicants of this issue nd
discontinued processing the permit until the applicants were able to obtain th
underlying property owner's permission to rezone or a court order which dire ted the city
to proceed.
May 10, 2005: A court order was given that effectively denied Mogren LandStaPing,s
request to stop the rezoning process by finding that Maplewood Financial Ce ter could
"develop the leased premises for any lawful purpose." With this court order, ity staff
began processing the land use applications again. .
,
July 18, 2005: A court order was given that effectively denied Mogren Lands~aping's
request for a temporary injunction and temporary restraining order to require the city to
stop processing and/or granting the applicants' rezoning request. Given the i
requirements of Minnesota Statutes, section 15.99, which require cities to prqcess a land
use application within 60 days, city staff was compelled to continue with the I~nd use
application as requested by the applicant. i
I
July 18, 2005: The planning commission reviewed and recommended approtal of a
comprehensive land use plan change and a zoning map change from LBC toiBC for the
west 290 feet of the vacant property. ,
July 25, 2005: The CDRB reviewed and recommended approval of the desigh review of
the proposed Walgreens retail store and pharmacy. The CORB made this i
recommendation based on the condition that the building elevations be improred and
resubmitted to the CORBo !
July 27, 2005: After review of the city's ordinances and Minnesota case law~he city
attorney's office submitted a legal opinion to city staff which states that the cit should
stop action or deny the applicants' zoning map change request on the ration Ie that the
applicants have no standing to file for such zoning change.
2
,
August 8, 2005: The city council denied the applicants' request for a comprefensive
land use plan and zoning map change from LBC to BC for the west 290 feet f the
vacant property based on the city attorney's legal opinion which states that: ) Mogren
Landscaping is an owner of the land holding the fee title interest and a full re~rsion in
the lease; 2) Mogren Landscaping opposes the comprehensive land use plan and
zoning map change; 3) the Maplewood Financial Center is not an exclusive 0 ner of the
property; and 4) there is no agreement between the owners regarding the I
comprehensive land use map and zoning change.
DISCUSSION
,
!
This project was reviewed one year ago in combination with a proposed ban1project to
be located on property to the east of this site. This project is now presented s a stand
alone Walgreens retail store and pharmacy on its own lot. The applicants ha e no plans
at this time for the property to the east. The previous ground lease on the prqperty,
which was the result of legal proceedings described in the background sectior above,
has been modified to a purchase of the land. '
Lot Division
The applicants are requesting a lot division in order to subdivide the 2.83-acr vacant lot
into two lots. The westerly 1.54-acre lot (Parcel A) will be developed with the proposed
Walgreens retail store and pharmacy. The easterly 1.3-acre lot (Parcel B) wil be
retained by the Maplewood Financial Center for future development. City co e allows lot
divisions which create three or less lots to be handled administratively. Sinc this
project requires other land use approvals, staff is recommending that the pia ning
commission review and make a recommendation on the lot division for city c uncil final
review.
Conditions of lot division approval should include the owner dedicating ease~ents to
accommodate utility, access, and roadway over Parcel A as follows: 1) utility easement
on the east side of Parcel A to accommodate the relocation of storm sewer a d water
main from Beam Avenue to the property to the north (2950 White Bear Aven e); 2)
access easement on the east side of Parcel A to accommodate access to the property to
the north (2950 White Bear Avenue) and the property to the east (Parcel B); )
relocation of access easement on the north side of Parcel A and the south si e of the
property to the north (2950 White Bear Avenue) to accommodate the drive-th ough lane
located on the north side of the Walgreens' building and the shared driveway on White
Bear Avenue; and 4) a ten-foot wide roadway easement along White Bear Atnue the
entire length of Parcel A to accommodate for future roadway widening. !
Limited Business Commercial Zoning
The LBC land use and zoning designation allows for limited commercial uses including
offices, medical or health-related clinics, and day care centers. This type of esignation
has been historically placed on property that is adjacent residential uses to e sure no
negative commercial impacts to surrounding residential properties. There ar residential
uses located across Beam Avenue as well as the Maplewood Heights city pa k adjacent
the property to the east. To construct a retail store and pharmacy on the pro erty the
city must change the comprehensive land use plan and zoning on the prope to BC,
that would allow for the retail store and pharmacy. The applicants are reque ting this
3
change on the newly subdivided western lot (Parcel A); with the eastern lot (~arcel B) to
remain the existing LBC land use designation and zoning.
Comprehensive Land Use Plan Change
The city does not have any specific criteria for comprehensive land use plan fhangeS
but any such change should be consistent with the goals and policies in the '
comprehensive plan. In this case, there are six land use goals and eight dev110pment
policies in the plan that the city should consider when reviewing this request. T
The applicable land use goals include:
1.
Provide for orderly development.
2.
Protect and strengthen neighborhoods.
Promote economic development that will expand the property tax bast, increase
jobs and provide desirable services.
3.
4.
Minimize the land planned for streets.
5.
Minimize conflicts between land uses.
6.
Prevent premature use, overcrowding, or overuse of land, especially vfhen
supportive services and facilities such as utilities, drainage systems, or streets
are not available. I
The applicable development policies (to implement the plan goals) include:
1.
I
The city will not approve new development without providing for adeqLjate
facilities and services, such as street, utilities, drainage, parks and op~n space.
,
2.
Safe and adequate access will be provided for all properties.
Transitions between distinctly differing types of land uses should not create a
negative economic, social, or physical impact on adjoining developmerts.
Whenever possible, changes in types of land use should occur so thatl similar
uses front on the same street or at borders of areas separated by maj~r man-
made or natural barriers.
3.
4.
5.
i
The city coordinates land use changes with the character of each neighborhood.
6.
Group compatible businesses in suitable areas.
7.
Promote the joint use of parking areas, drives and trash containers.
8.
Avoid disruption of adjacent or nearby residential areas.
The proposal to change the comprehensive land use plan for Parcel A meets ~II of these
goals and development policies. '
4
Zoning Map Change
,
I
A majority of the properties along White Bear Avenue, north of Beam Avenu] are zoned
Be and include higher-impact uses such as restaurants and retail facilities. he
development of a Walgreens retail store and pharmacy on the portion of the roperty
adjacent White Bear Avenue is consistent with the existing land uses and ch racter of
the area, including the White Bear Avenue corridor. !
Design Review
,
i
The CDRB will review all design elements of the project including site plan, bf'lding
elevations, landscaping, lighting, etc. Many of staff's and the CDRB's initial c ncerns
over last year's proposal have been addressed with this year's proposal inclu ing
additional landscaping and improved building elevations. I
,
CITIZEN COMMENT :
i
Staff surveyed the 39 property owners and managers of businesses within 5~ feet of
this property for their comments on the proposed development. One proper! owner
responded as follows: Linda Barber, 2040 Beam Avenue, indicated that she as in
favor of the Walgreens retail store and pharmacy. i
OTHER COMMENTS
Watershed District: Tina Carstens, permit program coordinator, states that th
Ramsey/Washington Metro Watershed District received a permit application f r this
project in 2004. The permit went before the watershed district board and wa approved
pending the receipt of a maintenance agreement for the stormwater treatmen device.
The agreement was never submitted and the permit was never issued. The pplicant
will therefore be required to resubmit an application to the watershed district r the new
project. The applicant will be required to comply with the watershed district's new rules
and standards that were adopted this year.
Building Department: Dave Fisher, interim community development director nd building
official, reviewed the development proposal and has the following comments: 1) the city
will require a complete building code analysis when the construction plans ar submitted
to the city for building permits; 2) all exiting must go to a public way; 3) provid adequate
fire department access to the buildings; 4) provide fire sprinklers to NFPA 13; 5) I would
recommend a pre-construction meeting with the contractor, the project mana er and the
city building inspection department; 6) verify the lighting is kept on site within he city
ordinances; 7) verify location of the monument signs so they are not installed within the
25-foot site triangle; 8) provide structural engineering on the attachment of th signs to
the building and the monument sign over six feet in height. I
i
I
Fire Department: Butch Gervais, fire marshal, reviewed the development pr~osal and
has the following comments: 1) install fire protection per code; 2) monitor fire protection
system per code; 3) minimum width 20 feet access road; 4) properly protect ny gas or
electrical equipment that is located in any traffic area.
5
Police Department: Lieutenant Kevin Rabbett recommends the standard sUtillance
lighting system for commercial buildings and a high quality video recording sy tem to be
installed, especially covering the pharmacy area because of the potential for rescription
forgery and robbery incidents. i
,
!
RECOMMENDATIONS
1. Approve the lot split boundary exhibit date stamped October 5, 2006, or a lot
division request to subdivide the 2.83-acre lot located on the northeas corner of
Beam and White Bear Avenues into two lots. Lot division approval is ased on
code requirements (Section 34-14 -lot divisions) and is subject to the ollowing:
a. Submit a revised survey to staff for approval which shows the ~ollowing:
!
b.
c.
d.
1)
2)
Legal descriptions of Parcels A and B.
Location and legal description of utility and access eas ment on
the east side of Parcel A to accommodate utilities and ccess for
the property to the north (2950 White Bear Avenue) an access
for the property to the east (Parcel B).
3)
Location and legal description of access easement on he north
side of Parcel A and the south side of the property to t e north
(2950 White Bear Avenue) to accommodate the drive-t rough
lane located on the north side of the Walgreens' building on Parcel
A and the shared driveway on White Bear Avenue.
Location and legal description of ten-foot-wide roadwai easement
along White Bear Avenue the entire length of Parcel A 0
accommodate for future roadway widening.
4)
Deeds describing the two new legal descriptions for Parcels A and B,
including the required utility, access, and roadway easement descriptions
described above.
,
Deeds must be recorded with Ramsey County within one yeaiOf the date
of lot division approval or the lot division will become null and oid (city
code requirement). i
Prior to issuance of a grading or buiiding permit for the proPos~d
Walgreens retail store and pharmacy on Parcel A, the followin must be
submitted to staff for approval: I
1)
2)
Proof that Ramsey County has recorded the deeds. !
!
A signed certificate of survey for Parcel A showing the~ocation of
all property lines, building, parking, driveway, freestan ing sign,
and easements. ,
i
Adopt the comprehensive land use plan change resolution (AttachmenI22).
resolution changes the comprehensive land use plan map for the newly
!
2.
This
6
subdivided 1.54 acre western lot (Parcel A) on the vacant lot located om the
northeast corner of Beam and White Bear Avenues from Limited Busin~ss
Commercial (LBC) to Business Commercial (BC). The city is making t~is change
because it will:
a.
Provide for orderly development.
b.
Protect and strengthen neighborhoods.
c.
Promote economic development that will expand the property lax base,
increase jobs and provide desirabie services.
d.
Minimize the land planned for streets.
e.
Minimize conflicts between land uses.
f.
Prevent premature use, overcrowding, or overuse of land eSP9cially when
supportive services and facilities, such as utilities, drainage sYftems, or
streets are not available. ,
g.
Help to implement the goals of the comprehensive plan inclUdir9:
1) The city will not approve new development without pro~iding for
adequate facilities and services, such as street, utilitiesl drainage,
parks and open space. i
!
Safe and adequate access will be provided for all proptrties.
Transitions between distinctly differing types of land us~s should
not create a negative economic, social, or physical imp~ct on
adjoining developments. I
2)
3)
4) Whenever possible, changes in types of land use should occur so
that similar uses front on the same street or at borders pf areas
separated by major man-made or natural barriers. i
!
5) The city coordinates land use changes with the characjer of each
neighborhood. !
6) Group compatible businesses in suitable areas.
7) Promote the joint use of parking areas, drives and tras~
containers. .
3.
8) Avoid disruption of adjacent or nearby residential areat
Adopt the zoning map change resolution (Attachment 23). This reSOI~!tion
changes the zoning map for the newly subdivided 1.54 acre western I t (Parcel
A) on the vacant lot located on the northeast corner of Beam and Whi e Bear
Avenues from Limited Business Commercial (LBC) to Business Com ercial
(BC). The city is making this change because: i
7
a.
The proposed change is consistent with the spirit, purpose an~ intent of
the zoning code. i
The proposed change will not substantially injure or detract fro~ the use
of neighboring property or from the character of the neighborh od and the
use of the property adjacent to the area included in the propos d change
or plan is adequately safeguarded. '
The proposed change will serve the best interests and conven~ences of
the community, where applicable, and the public welfare. i
b.
c.
d.
The proposed change would have no negative effect upon thejlOgiCal,
efficient, and economical extension of public services and facil ties, such
as pUblic water, sewers, police and fire protection, and school~.
!
8
REFERENCE
SITE DESCRIPTION
Site size:
Existing Use:
2.83 Acres
Vacant Land
SURROUNDING LAND USES
North:
South:
East:
West:
PLANNING
. I
Maplewood East Shopping Center (Zoned BC) :
Beam Avenue and Premier Bank across the street (Z01ed LBC)
Maplewood Heights Park ,
White Bear Avenue and Red Lobster across the street fzoned Be)
I
,
Existing Land Use
Designation:
Existing Zoning:
Proposed Land Use
Designation:
Proposed Zoning:
Limited Business Commercial (LBC)
Limited Business Commercial (LBC)
Business Commercial (BC)
Business Commercial (BC)
Criteria for CUP Approval
Comprehensive Land Use Plan
Land Use Plan Change: There are no specific criteria for land use plan chan~es. Any
change, however, should be consistent with the goals and policies in the corrjprehensive
plan.
Rezoning
,
Section 44-1165 of the city code requires that the city council make the fOllo~ing findings
to rezone property: :
1.
The proposed change is consistent with the spirit, purpose and intent pf the
zoning code. :
:
The proposed change will not substantially injure or detract from the ~e of
neighboring property or from the character of the neighborhood and t e use of
the property adjacent to the area included in the proposed change or Ian is
adequately safeguarded. I
,
i
The proposed change will serve the best interests and conveniences pf the
community, where applicable, and the public welfare. i
i
The proposed change would have no negative effect upon the logical.l efficient,
and economical extension of public services and facilities, such as puplic water,
sewers, police and fire protection, and schools. :
2.
3.
4.
9
Application Date
The city received the complete application and plans for this proposal on OctJber 19,
2006. State law requires that the city take action within 60 days of receiving Qomplete
applications for a proposal. City council action is required on this proposal byl
December 18, 2006, unless the applicant agrees to a time extension.
P:\Com-Dev\Sec2N\Walgreens\2006 proposal\11-20-06 PC
Attachments:
1. Applicants' Development Statement
2. Applicants' Rezoning Statement
3. Land Use Map
4. Zoning Map
5. Location Map
6. Lot Division Map
7. Existing Conditions
8. Site Plan
9. Grading Plan
10. Drainage and Storm Sewer
11. Utility Plan
12. Pavement Plan
13. Lighting Plan
14. Landscape Plan
15. Stormwater Pollution Prevention Plan
16. Floor Plan
17. Building Elevations - West and South
18. Building Elevations - East and North
19. Monument Sign Elevation
20. Wall Sign Elevations
21. Engineering Plan Review
22. Comprehensive Land Use Plan Change Resolution
23. Zoning Map Change Resolution
10
Att~chment 1
,
PROPOSED W ALGREENS PHARMACY
NORTHEAST CORNER OF WHITE BEAR AVENUE AND BE"\M
This project was reviewed one year ago in combination with a proposed b~ project to
be located on property to the east of this site. This project is no lenger a partlofthe bank
project and is presented as a stand alone Walgreens Pharmacy on its own lot. The
previous ground lease on the proposed Walgreens property is being m~dified to a
purchase of the land.
The site plan is similar to the one reviewed a year ago. This plan is based pn a shared
access with the property to the north and a shared access drive on both the n~h and east
sides of this site. The shared access location on White Bear Avenue will a low for the
removal of an existing access point to White Bear Ave. currently located to he south of
the shared drive lecation. This shared access drive will include easements forlboth access
and utilities for the properties on each side of the easement.
The additional 10 feet of right of way requested along White Bear A ven~e is being
accommodated with this new plan submittal and can be seen on sheet 3 ef 14,as noted on
the west side of the plan.
The building design was alse revised with respect to the previous Design Rtjview Board
comments from the meeting held on July 26, 2005. The southwest comer of the building
has been redesigned in both layout and materials. This area of the project~'is the most
prominent element addressing the intersection of White Bear A venue and earn. The
previous design represented the typical Walgreens building. This new design as squared
up the entry tower into an element of its own. By combining this with a c ange in the
materials we have also been able to break up the elevations on both the souUt and west
sides of the project. We have also brought the entry tower forward, over t~e sidewalk,
thus breaking the straight building plane with the new tower layout. Tol add te the
prominence of the comer we have added to the height of the tower to add a greater visual
separation to this element.
In this submittal of the previously reviewed project we have tried to take intq account all
of the previous comments the Design Review Board presented including thos~ comments
that were unobtainable at the time of the last meeting.
Att,chment 2
!
I
PROPOSED W ALGREENS PHARMACY - REZONI~G
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WHITE BEAR AVENUE AND BEAM AVENUE
We are proposing to develop a Walgreens Pharmacy on the northeast com r of White
Bear Avenue and Beam Avenue. This rezoning proposal includes only the comer
property for the Walgreens. The zoning change we are requesting is a chan e from the
existing Limited Business Commercial to Business Commercial. This zoni g matches
the zoning on the properties directly to the north and west of our site.
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The site plan being proposed has been changed from a similar plan you we e presented
nearly a year ago. This proposal no longer includes the property to the east in the
rezoning. We have also worked with the property owner of the center to the orth in the
areas of cross access and utility easements that will be shared by both prope ies. These
changes have allowed the plan to accommodate the requested 10 feet of add tional right
of way for the future expansion of White Bear Avenue and the elimination 0 an existing
curb cut to White Bear A venue. These changes will aid in the ure traffic
improvements along White Bear Avenue.
The Walgreens Pharmacy will serve an area that extends out 12 to 18 bIOC~S from the
store. This is very much a neighborhood store. The primary users of this ore are the
people that live in the neighborhood and thus very little additional traffic is br ught to the
area by this project. In addition to this, the typical traffic coming and g ing from a
neighborhood pharmacy is a trickle of cars throughout the day. It does not perate like
many other commercial uses with a rush of traffic coming at certain times of the day.
This is a very friendly neighborhood use that will fit very well into the nei borheod of
White Bear Avenue and Beam Avenue.
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Attathment 3
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Atta hment 5
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Attachment 21
Enl!:ineerinl!: Plan Review
PROJECT: Walgreens - Northeast Corner of Beam and White Bear Avenues
PROJECT NO:
REVIEWED BY: Erin Laberee, Maplewood Engineering Department
DATE: November 13,2006
Semper Development is proposing to develop the lot at the northwes1 comer of White
Bear Avenue and Beam Avenue in10 a Walgreen's store. The lot is currently vacant.
Drainage from the site would be directed into the existing storm sewer on Beam Avenue.
Runoff would be treated with a treatment structure.
The following issues shall be address.
Drainage
I. A maintenance agreement ou11ining annual maintenance procedures will be
required for the proposed treatment structure and any 01her best management
practices.
2. The engineer and developer shall add additional best management practices to
infiltrate 1" of runoff from the impervious area of the site. Rainwater gardens
and/or an infiltration trench would be ideal on the west side ofthe site between
the sidewalk and the parking lot. The engineer shall verify that the existing soils
are conducive to infiltration otherwise a subsurface drainage system shall be
utilized.
3. The engineer shall submit sizing calcula1ions for the inline separation unit.
4. Submit plans to Ramsey Washington Metro Watershed for their review.
Utilities
1. Submit plans to SPRWS for their review.
2. Submit plans to Ramsey County for their review.
Miscellaneous
1. White Bear Avenue is scheduled for reconstruc1ion in 2008. The intersection at
Beam Avenue will also be affected. In lieu of constructing a sidewalk along the
entire length of Beam A venue for Parcel A and Parcel B a1 this time, the
developer shall post an equivalent dollar amoun1 to the city for this work to be
done in 2008. The developer shall also grant to the city a construction easement
for this work.
2. The developer shall enter into a developer's agreement for the right of way
easement along White Bear Avenue and the construction easement and sidewalk
along Beam Avenue.
Attachment 22
COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Semper Development, representing Walgreens, applied for a
change to the city's comprehensive land use plan from Limited Business Commercial
(LBC) to Business Commercial (BC).
WHEREAS, this change applies to the west 253 feet of the vacant property
located on the northeast corner of Beam and White Bear Avenues (Parcel A as
described in the October 5, 2006, Lot Split Boundary Exhibit).
WHEREAS, the property identification number for the property is 02-29-22-24-
0004.
WHEREAS, the legal description of Parcel A is as follows:
That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of
the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the
center line of White Bear Avenue, Except the part thereof described as follows:
Beginning at a point on the East line of the Southeast Quarter of the Northwest
Quarter of Section 2, Township 29, Range 22, said point being 175 feet Northerly of
the South line of said Southeast Quarter; thence Northerly 556.5 feet along the East
line: thence 354.5 feet due West; thence 350 feet due South; thence in a Southeasterly
direction to a point which is 120 feet due West of the point of beginning; thence
Northwesterly along last said line 166.75 feet to the north line of the said South
284.96 feet; thence along last said north line, South 89 degrees 19 minutes 05 seconds
West a distance of 94.73 feet; thence deflecting left 90 degrees, South 00 degrees 40
minutes 55 seconds East a distance of 284.96 feet to the east I west quarter line of
said Section 2; thence along said east /west quarter line, North 89 degrees 19 minutes
05 seconds East to the center of said Section 2; thence northerly along the East line of
the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00
feet to the point of beginning; according to the U.S. Government Survey thereof,
Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White
Bear Avenue and encumbrances as shown on an AL T A survey prepared by Houston
Engineering dated March 24, 2006. Containing approximately 67,013 square feet.
WHEREAS, the history of this change is as follows:
1. On November 20, 2006, 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 prior to their
recommendation.
2. On the city council discussed the land use plan change. They
considered reports and recommendations from the planning commission and city
staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the
above-described change to the land use plan for the following reasons:
1. Provide for orderly development.
2. Protect and strengthen neighborhoods.
3. Promote economic development that will expand the property tax base, increase
jobs and provide desirable services.
4. Minimize the land planned for streets.
5. Minimize conflicts between land uses.
6. Prevent premature use, overcrowding, or overuse of land especially when
supportive services and facilities, such as utilities, drainage systems, or streets
are not available.
7. Help to implement the goals of the comprehensive plan including:
a) The city will not approve new development without providing for adequate
facilities and services, such as street, utilities, drainage, parks and open
space.
b) Safe and adequate access will be provided for all properties.
c) Transitions between distinctly differing types of land uses should not
create a negative economic, social, or physical impact on adjoining
developments.
d) Whenever possible, changes in types of land use should occur so that
similar uses front on the same street or at borders of areas separated by
major man-made or natural barriers.
e) The city coordinates land use changes with the character of each
neighborhood.
f) Group compatible businesses in suitable areas.
g) Promote the joint use of parking areas, drives and trash containers.
h) Avoid disruption of adjacent or nearby residential areas.
The Maplewood City Council adopted this resolution on
,2006.
2
Attachment 23
ZONING MAP CHANGE RESOLUTION
WHEREAS, Semper Development, representing Walgreens, applied for a
change to the city's zoning map from Limited Business Commercial (LBC) to Business
Commercial (BC).
WHEREAS, this change applies to the west 253 feet of the vacant property
located on the northeast corner of Beam and White Bear Avenues (Parcel A as
described in the October 5, 2006, Lot Split Boundary Exhibit).
WHEREAS, the property identification number for the property is 02-29-22-24-
0004.
WHEREAS, the legal description for Parcel A is as follows:
That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of
the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the
center line of White Bear Avenue, Except the part thereof described as follows:
Beginning at a point on the East line of the Southeast Quarter of the Northwest
Quarter of Section 2, Township 29, Range 22, said point being 175 feet Northerly of
the South line of said Southeast Quarter; thence Northerly 556.5 feet along the East
line; thence 354.5 feet due West; thence 350 feet due South: thence in a Southeasterly
direction to a point which is 120 feet due West of the point of beginning; thence
Northwesterly along last said line 166.75 feet to the north line of the said South
284.96 feet; thence along last said north line, South 89 degrees 19 minutes 05 seconds
West a distance of 94.73 feet; thence deflecting left 90 degrees, South 00 degrees 40
minutes 55 seconds East a distance of 284.96 feet to the east / west quarter line of
said Section 2; thence along said east Iwest quarter line, North 89 degrees 19 minutes
05 seconds East to the center of said Section 2; thence northerly along the East line of
the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00
feet to the point of beginning; according to the U.S. Government Survey thereof,
Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White
Bear Avenue and encumbrances as shown on an AL T A survey prepared by Houston
Engineering dated March 24, 2006. Containing approximately 67,013 square feet.
WHEREAS, the history of this change is as follows:
1. On November 20, 2006, 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 prior to their
recommendation.
2. On the city council discussed the land use plan change. They
considered reports and recommendations from the planning commission and city
staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the
zoning code.
2. The proposed change will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood, and that the use
of the property adjacent to the area included in the proposed change or plan is
adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient,
and economical extension of public services and facilities, such as public water,
sewers, police and fire protection, and schools.
The Maplewood City Council approved this resolution on
,2006.
2
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Ken Roberts, Planner
Planning Commission Resignation
November 9, 2006
INTRODUCTION
Jim Kaczrowski has resigned from the planning commission. I have attached his e-mail message
with his resignation and a resolution of appreciation for him.
RECOMMENDATION
Approve the resolution of appreciation on page three for Jim Kaczrowski.
kr/p:planning commissionlpcresig6.mem
Attachments:
1. Jim Kaczrowski E-mail notice of Resignation
2. Jim Kaczrowski Resolution of Appreciation
Page 1 of 1
Attachment 1
Ken Roberts
From:
Sent:
To:
Kaczrowski, James Robert Ukaczrowski1@paychex.com)
Wednesday, November 08, 2006 1 :03 PM
Ken Roberts
Subject: Planning Commission
Ken,
I want to resign from the planning commission effective 11-8-06. I feel that I am currently unable to give it the time that it
deserves. I appreciate the opportunity to serve on this board and have really enjoyed this opportunity.
Thank you for everything and best of luck in the future.
Thanks,
Jim Kaczrowski
Jim Kaczrowski
Health & Benefits
651-365-5060 Ex!. 50441
ikaczrowskil@paychex.com
The information contained in this message may be privileged,
confidential, and protected from disclosure. Hthe reader of this
message is not the intended recipient, or any employec or agent
responsible for delivering this message to the intended recipient,
you are hereby notified that any dissemination, distribution, or
copying ofthis communication is strictly prohibited. Hyou have
received this communication in error, please notify ns immediately
by replying to the message and deleting it from your computer.
Thank yon. Paychex, Inc.
11/8/2006
2
Attachment 2
JOINT RESOLUTION OF APPRECIATION
WHEREAS, Jim Kaczrowski has been a member of the Maplewood
Planning Commission since April II, 2005, and has servedfaithfuliy in that
capacity to the present time; and
WHEREAS, the Planning Commission has appreciated his experience,
insights and goodjudgment and
WHEREAS, he has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has
consistently contributed his leadership, time and effort for the benefit
of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalfofthe
City of Maplewood, Minnesota, and its citizens, that Jim Kaczrowski is hereby
extended our heartfelt gratitude and appreciation for his dedicated service, and
we wish him continued success in the future.
Passed by the Maplewood
City Council on
Diana Longrie, Mayor
Passed by the Maplewood
Planning Commission on
Lorraine Fischer, Chairperson
Attest:
Karen Guilfoile, City Clerk
3
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Ken Roberts, Planner
PRIVATE STREET POLICY
November 14, 2006
INTRODUCTION
At the request of the city manager, city staff has researched and prepared a policy about the
use of private streets in Maplewood. He requested that staff prepare such a policy after
receiving concems about the private streets and driveways in the New Century development.
DISCUSSION
There are several issues and concems for the city to consider when reviewing the use of private
streets in developments. Private streets or driveways allow development with:
1. No publicly dedicated right-of-way.
2. A narrower section width (from front to front).
3. Smaller setbacks to the pavement (because of no right-of-way).
4. Usually a narrower pavement width. This means less storm water run off and lower costs
to build.
5. More flexibility in site design.
To help visualize the differences between pUblic and private streets, I had the city engineering
staff prepare the drawing on page three. This graphic shows how the city constructs a new
standard public street and how developers often build private streets in Maplewood.
Private streets and driveways, however, have on-going maintenance and ownership concerns.
In the past, developers may not have always constructed them to the same standards that the
city requires for public streets. This may include the amount of base material and/or the amount
of bituminous that the contractor installs for the surface of the street.
Residents that live along private streets have approached the city in the past about the
possibility of having the city take over the ownership and maintenance of these privately-owned
driveways. The city engineering department is now doing a feasibility study in one neighborhood
of the condition of the private driveways and the costs for repairing them. Once they have
completed the study, they will present their findings to the city council.
In response to the issues and concerns about developments with private streets, staff has
prepared the attached Residential Private Street Policy. Staff has attempted in this policy to
include the purpose, policy and standards the city should follow when considering any
development with private streets.
RECOMMENDATION
Review and provide the city with comments and direction about the draft of the residential
private street policy.
P:\com_dvptlmiscell\privale street policy - 2006
Attachments:
1. Typical Street Sections
2. Residential Private Street Policy
2
Attachment 1
FRONT PUBLIC STREET FRONT
SETBACK ROW (lYPICAL) ROW SETBACK
30' 60' 30'
i
BLVD CURB I CURB BLVD
HOUSE DRIVEWAY ...r ORNEWAY HOUSE
14' 16' I 16' 14'
I- -I
120'
FRONT PRIVATE DRIVEWAY FRONT
SETBACK (lYPICAL) SETBACK
i
CURB I CURB
STRUCTURE DRIVEWAY r DRNEWAY STRUCTURE
20' 14' I 14' 20'
I.. ~I
68'
DESIGN. KR DATE.11-9-06 CITY OF MAPLEWOOD-PLANNING DEPT.
DRAWN. SAJ . TYPICAL STREET
REVISIONS SECTIONS
I
, .. ..... ..: ., .....c ,,, " '.' ,,,
3
Attachment 2
MAPLEWOOD RESIDENTIAL PRIVATE STREET POLICY (Nov. 14, 2006)
PURPOSE:
The City of Maplewood recognizes that private streets may be necessary in certain instances to
overcome obstacles for a new development. The city intends to use this policy for private
driveways in new preliminary plats and planned unit developments. When the city determines that
private streets are warranted, it is the intent of this policy that they utilize a public street system as
a backbone and primary mode of access for the project. The city is not encouraging the use of or
the construction of private streets or driveways, and the city has designed this policy to address the
following issues:
. Outline the cases in whiCh the city should consider allowing private streets.
. Govern the standards that the city will apply to developments proposing the creation of
additional private streets.
. Specify the design standards that a developer must meet when constructing a private street
as well as Maplewood's inspection policies.
. Describe the responsibility of the developer in notifying potential buyers of private streets
within a development.
POLICY:
The city discourages the use of private streets within new developments. The city may allow
private streets in residential developments on a limited basis if the city finds the following
conditions to exist:
(1) The prevailing development pattem makes it unfeasible or inappropriate to construct a
public street. In making this determination, the city may consider the location of existing
property lines, the shapes and dimensions of property, the location of existing homes and
streets, the proposed locations of structures, local or geographic conditions and the
existence of wetlands, creeks and streams.
(2) After reviewing the surrounding area, the city condudes that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural resources
including wetlands, slopes, creeks, streams, treed and forested areas and other
environmentally-sensitive features.
The followina ate the cases in which the city may consider aoorovina orivate streets:
. The city shall only allow private streets within a planned unit development (PUD).
. Factors that the city shall consider in allowing private streets include topography of the
development site, existing water bodies, streams and creeks, existing public street pattem,
preservation of wetlands, wooded areas or other significant natural features, irregular
dimensions of the property and other unique features.
4
. The city also may consider private streets within a PUD if the city determines that there is a
need for the private streets to help achieve the affordable housing goals of the city.
Private street standards. If the city allows a private street, it shall be subject to the following
standards:
(1) The owner or homeowner's association shall maintain the private streets in good condition
and shall have them plowed within 24 hours of a snowfall greater than two inches. The
owner or developer shall file with Ramsey County covenants about the maintenance of the
private street against all benefiting properties.
(2) The city may prohibit parking on the private street
(3) Private streets that are not usable by emergency vehides because of obstructions, snow
accumulation, or poor maintenance are a public safety hazard. The city may remedy such
conditions and assess the cost back to the property pursuant to M.S. ~ 429.101, subd. 1(C).
(4) The developer or builder shall construct the private street with adequate drainage facilities
to convey storm water runoff. All such designs, plans and calculations are subject to the
approval of the city engineer.
(5) The developer or contractor shall post street addresses or city approved street name signs,
if required by city staff, at the point where the private street intersects the public right-of-
way. The city also may require additional street and address signs within a development to
help ensure public safety.
(6) The project engineer shall design the private street to minimize the impact upon adjoining
parcels. The city may require revised alignments, specific building orientation, larger or
different setbacks and landscaping to minimize the impact. The developer or contractor
shall complete and have city approval of an erosion control plan before starting
construction.
(7) The private street must be located within a strip of property at least 30 feet wide extending
out to the public right-of-way or covered by a 3O-foot wide easement that the developer or
builder permanently records over all benefited and impacted parcels.
(8) Maintenance and repair of utilities that are within the private street shall be the
responsibility of the benefiting property.
The followina are the standards that the citv will aoolv to develooments orooosina the creation of
additional orivate streets:
. The city shall not allow private streets if the street is intended or designed to interconnect
neighborhoods or public streets.
. The city discourages private streets with a through-street design. However, private streets
that function as driveways may be appropriate.
. In order to better accommodate snow storage in developments with private streets, the city
shall discourage direct driveway access and guest parking on private streets that function
as a through street.
. A maximum of 35% of the street frontage may be comprised of driveways.
5
. Buildings fronting on a private street shall be set back a minimum of 22 feet from the curb.
. The maximum length of a private dead end street shall be 800 feet.
. The city shall discourage locating more than 24 units on any single private street.
. The minimum width for private streets as defined from back of curb to back of curb shall be
as follows:
Number of Potential Type of Street Minimum Width
Units Served (Back to Back)
4 Units or less No curb and gutter 14 feet
5 to 24 Units. Concrete curb and gutter 24 feet
. Off street guest parking and posted fire lanes shall be provided.
The followina are the desian standards that a develooer or contractor shall follow to construct a
orivate street as well as the insoection oolicies:
. All private streets shall be constructed to the current city cross-sectional design standards
for the specified use.
. City personnel may inspect the construction of private streets during the installation and
construction to verify that the contractor uses the proper design, materials and construction
techniques.
The followina are the resoonsibilitv of the develooer in notifvina ootential buvers of orivate streets
within a develooment:
. Private street sign name blades shall be blue in lieu of the standard city street sign color of
green. In addition to the private street name, the name blade also shall have the word
"Private" located on it to identify further the private nature of the roadway or street.
. The Developer's Agreement shall stipulate that the developer shall inform potential buyers
of private streets located within the development in the marketing materials and in the
closing documents.
Not withstanding the ability of a development proposal to meet the criteria and
standards the city included in this policy, the city council reserves the right to deny
a request for private streets based on other factors where the city council
determines that such denial is in the best interest of the city.
City Manager
Date
Effective Date: December 2006
Revision Date:
P:/commdevptIKen r/Residential Private Street Policy - 2006
6