HomeMy WebLinkAbout2022 08-16 Planning Commission PacketMeeting is also available on Comcast Ch. 16 and streaming vod.maplewoodmn.gov
AGENDA
CITY OF MAPLEWOOD
PLANNING COMMISSION
7:00 P.M. Tuesday, August 16, 2022 City Hall, Council Chambers
1830 County Road B East A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. APPROVAL OF MINUTES 1. July 19, 2022 Planning Commission Meeting Minutes E. PUBLIC HEARING 1. Conditional Use Permit and Wetland Buffer Waiver Resolution, Xcel Energy, 1555 Century Avenue North F. NEW BUSINESS 1. Zoning Code – Land Use Table Discussion G. UNFINISHED BUSINESS None H. COMMISSION PRESENTATIONS I. STAFF PRESENTATIONS None J. VISITOR PRESENTATIONS – 3 minute time limit per person K. ADJOURNMENT
WELCOME TO THIS MEETING OF THE
PLANNING COMMISSION
This outline has been prepared to help you understand the public meeting process.
The review of an item usually takes the following form:
1. The chairperson of the meeting will announce the item to be reviewed and ask for the
staff report on the subject.
2. Staff presents their report on the matter.
3. The Commission will then ask City staff questions about the proposal.
4. The chairperson will then ask the audience if there is anyone present who wishes to
comment on the proposal.
5. This is the time for the public to make comments or ask questions about the proposal.
Please step up to the podium and speak clearly. Give your name and address first and
then your comments.
6. After everyone in the audience wishing to speak has given his or her comments, the
chairperson will close the public discussion portion of the meeting.
7. The Commission will then discuss the proposal. No further public comments are allowed.
8. The Commission will then make its recommendation or decision.
9. All decisions by the Planning Commission are recommendations to the City Council. The
City Council makes the final decision.
“Welcome to the meeting of the Maplewood Planning Commission. It is our desire to
keep all discussions civil as we work through difficult issues tonight. If you are here for a
Public Hearing or to address the Planning Commission, please familiarize yourself with
the Policies and Procedures and Rules of Civility, which are located near the entrance. At
the podium please state your name and address clearly for the record.”
Revised: 02/18
July 19, 2022
Planning Commission Meeting Minutes 1
MINUTES
MAPLEWOOD PLANNING COMMISSION
7:00 P.M. Tuesday, July 19, 2022
City Hall, Council Chambers
1830 County Road B East
A. CALL TO ORDER
A meeting of the Commission was held and called to order at 7:00 p.m. by Chairperson Arbuckle
B. ROLL CALL
Paul Arbuckle, Chairperson Present
Frederick Dahm, Commissioner Present
Tushar Desai, Vice Chairperson Present
John Eads, Commissioner Absent
Allan Ige, Commissioner Present
Sheryl Sukolsky, Commissioner Present
Lue Yang, Commissioner Arrived at 7:01
Staff Present: Michael Martin, Assistant Community Development Director
Elizabeth Hammond, Planner
Ellen Paulseth, Finance Director
Steve Love, Public Works Director
C. APPROVAL OF AGENDA
Commissioner Desai moved to approve the agenda as presented.
Seconded by Commissioner Dahm Ayes – All
The motion passed.
D. APPROVAL OF MINUTES
1. Approval of May 17, 2022 Planning Commission Meeting Minutes
Commissioner Dahm moved to approve the May 17 , 2022 Planning Commission Meeting Minutes
as submitted.
Seconded by Commissioner Desai Ayes – Arbuckle, Dahm, Desai, Eads,
Ige, Yang
Abstain – Sukolsky
The motion passed.
E. PUBLIC HEARING
1. Capital Improvement Plan 2023-2027
Michael Martin, Assistant Community Development Director, introduced the Capital Improvement
Plan 2023-2027.
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July 19, 2022
Planning Commission Meeting Minutes 2
Ellen Paulseth, Finance Director, and Steve Love, Public Works Director, presented the Capital
Improvement Plan 2023-2027 and answered questions from the Commission.
Chairperson Arbuckle opened the public hearing.
There were no speakers for this item.
Chairperson Arbuckle closed the public hearing.
Commissioner Sukolsky moved to approve the draft 2023 -2027 Capital Improvement Plan.
Seconded by Commissioner Dahm Ayes – All
The motion passed.
The item is tentatively scheduled to go to Council for approval on December 12, 2022
2. Conditional Use Permit and Setback Variance Resolution, HAB Automotive, 47 Century
Avenue North
Michael Martin, Assistant Community Development Director, presented the Conditional Use
Permit and Setback Variance Resolution, HAB Automotive, 47 Century Avenue North and
answered questions from the Commission.
Jessed Jacobson , HAB Automotive, addressed the commission and answered questions from the
Commission.
Chairperson Arbuckle opened the public hearing.
There were no speakers for this item.
Chairperson Arbuckle closed the public hearing.
Commissioner Desai moved to approve a resolution for a conditional use permit and a setback
variance permitting an auto maintenance garage business to be located at 47 Century Avenue
North.
Seconded by Commissioner Ige Ayes – All
The motion passed.
The item is tentatively scheduled to go to Council for approval on August 08, 2022
3. Conditional Use Permit Resolution, NeuroRestorative, 822 McKnight Road
Elizabeth Hammond, Planner, presented the Conditional Use Permit Resolution,
NeuroRestorative, 822 McKnight Road and answered questions from the Commission.
Steve Miller, NeuroRestorative, addressed the commission and answered questions from the
Commission.
Sharon Berlin, NeuroRestorative, addressed the commission and answered questions from the
Commission.
Chairperson Arbuckle opened the public hearing.
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July 19, 2022
Planning Commission Meeting Minutes 3
The following individuals addressed the commission in opposition of the project:
John Erickson, 2206 Matterhorn Lane, Saint Paul MN 55119
Jeff Thomsen 832 McKnight Road South, Maplewood MN 55119
Joann Waid 2315 Timber Trail East, Maplewood MN 55119
Donald Bateman 2239 Matterhorn Lane, Saint Paul MN 55119
Connie Thomsen 832 McKnight Road South, Maplewood MN 55119
Steve Miller and Sharon Berlin, NeuroRestorative, addressed the concerns of the residents and
provided additional information to the Commission
Chairperson Arbuckle closed the public hearing.
Commissioner Desai moved to approve a conditional use permit resolution for a residential group
home at 822 McKnight Road, subject to certain conditions of approval, and adding to the
conditions that: 1) there be no parking related to the site on McKnight Rd N and 2) the applicant
provide a parking plan to staff for approval prior to going to Council for approval.
Seconded by Commissioner Ige Ayes – All
The motion passed.
The item is tentatively scheduled to go to Council for approval on August 08 , 2022
F. NEW BUSINESS
1. Election of Officers (No Report)
Commissioner Sukolsky moved to elect Paul Arbuckle as Chairperson and Tushar Desai as Vice-
Chairperson of the Planning Commission.
Seconded by Commissioner Dahm Ayes – All
The motion passed.
G. UNFINISHED BUSINESS
None
H. COMMISSION PRESENTATIONS
None
I. STAFF PRESENTATIONS
1. Concept Plan Review, 3090 Southlawn Drive (No Report)
Michael Martin, Assistant Community Development Director, presented the Concept Plan Review,
3090 Southlawn Drive, and answered questions from the Commission.
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July 19, 2022
Planning Commission Meeting Minutes 4
Patrick Brama, Enclave Companies, addressed the Commission and answered questions.
This item is for informational purposes only; no action is required.
J. VISITOR PRESENTATIONS
None
K. ADJOURNMENT
Chairperson Arbuckle adjourned the meeting at 9:42 p.m.
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D1
PLANNING COMMISSION STAFF REPORT
Meeting Date August 16, 2022
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Michael Martin, AICP, Assistant Community Development Director
PRESENTER: Michael Martin, AICP, Assistant Community Development Director
AGENDA ITEM: Conditional Use Permit and Wetland Buffer Waiver Resolution, Xcel Energy, 1555 Century Avenue North
Action Requested: Motion ☐ Discussion Public Hearing
Form of Action: Resolution ☐ Ordinance ☐ Contract/Agreement ☐ Proclamation
Policy Issue:
Xcel Energy is requesting city approval of a conditional use permit, wetland buffer waiver, and a
public vacation of an easement in order to construct improvements to its gas plant located
at 1555 Century Avenue North. The planning commission is being asked to review the conditional
use permit and wetland buffer variance.
Recommended Act i on :
Motion to approve a resolution for a conditional use permit and a wetland buffer waiver permitting
Xcel Energy’s gas plant improvements at its site located at 1555 Century Avenue North.
Fiscal Impact:
Is There a Fiscal Impact? No ☐ Yes, the true or estimated cost is $0
Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐ New Revenue Source
☐ Use of Reserves Other: N/A
Strategic Plan Relevance:
☐ Community Inclusiveness ☐ Financial & Asset Mgmt ☐ Environmental Stewardship
☐ Integrated Communication Operational Effectiveness ☐ Targeted Redevelopment
The city deemed the applicant’s application complete on August 5, 2022. The initial 60-day review
deadline for a decision is October 4, 2022. As stated in Minnesota State Statute 15.99, the city is
allowed to take an additional 60 days if necessary to complete the review.
Background:
Xcel Energy is requesting city approval of a conditional use permit, wetland buffer waiver, and a
public vacation of an easement in order to construct improvements to its gas plant located
at 1555 Century Avenue North. The improvements would include:
• Improve the existing stormwater routing, storage, and discharge systems on-site while
implementing precautions to decrease the risks associated with any liquid propane storage
PC Packet Page Number 5 of 40
tank failure.
• Replace existing propane loading facilities with new facility located to the north of existing
compound. The new facility will increase operational safety and efficiency at the plant.
• Install new fire suppression system with a connection to a proposed water line in Century
Ave.
• Install new compressors, pumps, additional fire and gas detection systems, and electrical
equipment to support the new equipment.
Conditional Use Permit
The facility at this site dates back to the 1950s, predating the city’s current requirements. The city’s
ordinance now requires a conditional use permit for public and private utilities which can be located
within any zoning district. The use of the property will be consistent with what has historically been
on this site. The bulk of the proposed work will occur within the existing footprint of the facilities on
site.
The applicant will be expanding the site’s footprint by about 30,000 square feet to the northeast in
order to construct a new propane loading facility. This new area will include an 8-foot tall chain link
fence running along the perimeter of the site, which will match the existing fence on site.
The applicant’s plans indicate that 85 trees will be removed due to this project. City ordinance
requires that the applicant either plant 85 new trees or pay into the City’s tree fund.
Wetland Buffer Waiver
Ramsey-Washington Metro Watershed District has reviewed and approved the applicant’s wetland
delineation. Wetland 1 is identified as incidental (manmade wetland with no wetland buffer
requirements), Wetland 2 is identified as a Manage B wetland (50-foot minimum, 75-foot average
wetland buffer), and Wetland 3 is identified as a Manage A wetland (75-foot minimum, 100-foot
average wetland buffer). The applicant’s wetland delineation is attached to this report.
The applicant is requesting a waiver from the wetland buffer requirements for the expansion of the
existing utility due to site constraints and new code requirements. The expansion will require the
filling of the incidental wetland (Wetland 1), grading to within 50 feet of the Manage B wetland
(Wetla nd 2), and grading to within 30 feet of the Manage A wetland (Wetland 3). The proposal
requires a 25-foot wetland buffer waiver for encroachments to the Manage B wetland and a 70-foot
wetland buffer waiver for encroachments to the Manage A wetland.
Staff is recommending approval of the wetland buffer waiver subject to the recommendations
contained in the Environmental Review attached to this report.
Public Vacation of an Easement
The applicant is requesting the public vacation of an easement that was originally taken for a road
extension related to a proposed development in the late 1970s. This road extension was never
constructed and the development occurred with a different layout that didn’t utilize this easement
area for roadway purposes. The easement area does not contain any public utilities. The
Engineering Department has no concerns with the proposed easement vacation.
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Department Comments
Engineering
Please see Jon Jarosch’s engineering report, dated August 8, 2022, attached to this report.
Environmental
Please see Shann Finwall and Carole Gernes’ environmental report, dated August 5, 2022,
attached to this report.
Fire and Building
No comments.
Commission Review
August 15, 2022: The environmental and natural resources commission will review this project.
August 16 , 2022: The planning commission will hold a public hearing and review this project.
Citizen Comments
Staff surveyed the 82 surrounding property owners within 500 feet of the proposed site for their
opinion about this proposal. Staff did not receive any comments.
Reference Information
Site Description
Campus Size: 19.73 acres
Existing Land Use: Gas Plant
Surrounding Land Uses
North: City of Maplewood Open Space
East: Vacant and Commercial Properties in the City of Oakdale
South: Railroad Tracks and Rolling Hills Manufactured Home Park
West: Ramsey County Open Space
Planning
Existing Land Use: Utility
Existing Zoning: Light Manufacturing
Attachments:
1. Conditional Use Permit and Wetland Buffer Waiver Resolution
2. Public Vacation of an Easement Resolution
3. Overview Map
4. 2040 Future Land Use Map
5. Zoning Map
6. Wetland Map
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7. Applicant’s Narrative
8. Site Plan
9. Delinated Wetlands
10. Tree Preservation Plan
11. Existing Public Easement
12. Engineering Report, dated August 8, 2022
13. Environmental Report, dated August 5, 2022
14. Applicant’s Plans (separate attachment)
PC Packet Page Number 8 of 40
CONDITIONAL USE PERMIT AND WETLAND BUFFER WAIVER RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Xcel Energy has requested approval of a conditional use permit to allow for
improvements to its existing gas plant.
1.02 The applicant has also requested approval of a wetland buffer waiver of 25 feet from
the Manage B wetland on-site and 70 feet from the Manage A wetland on-site.
1.03 The property is located at 1555 Century Avenue North and is legally described as:
Real property in the City of Maplewood, County of Ramsey, State of Minnesota,
described as follows:
That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township
29 North, Range 22 West, described as follows, to wit: Commencing at the Northeast
corner of the Southeast Quarter of the Northeast Quarter of said Section 24; thence
West along the North line of said Southeast Quarter of the Northeast Quarter, a
distance of 33 feet to a point in the West line of East County Line Road as now
located and established, said point being the point of beginning of the land herein
described; thence Southerly along said West line of East County Line Road a
distance of 287.52 feet, more or less, to a point distant 94 feet Northwesterly,
measured at right angles from the center line of the most Northerly main track;
thence Southwesterly parallel with said center line of said most Northerly main track
a distance of 1043.58 feet; thence Northerly along a line forming an angle of 115
degrees 54 minutes with an extension of the last described course, a distance of
649.8 feet, more or less, to the said North line of the Southeast Quarter of the
Northeast Quarter; thence East along the North line of said Southeast Quarter of the
Northeast Quarter a distance of 970.20 feet to the point of beginning. (Abstract
Property)
The Southeast quarter of the Northeast quarter of the Northeast quarter of Section
24, Township 29, Range 22 except the East 49.5 feet.
(Torrens Property, Certificate of Title No. 517771)
(PIN 24-29-22-11 -0005 )
Section 2. Standards.
2.01 City Ordinance Section 44-109 2(1) requires public and private utilities have a
conditional use permit.
2.02 City Ordinance Section 18-221(e)(2)(J) allows the city council to waive wetland buffer
requirements for public or semi-public utilities.
2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a)
states that the City Council must base approval of a Conditional Use Permit on the
following nine standards.
Attachment 1
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1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City’s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run-off,
vibration, general unsightliness, electrical interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site’s natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
2.04 Wetland Buffer Waiver Standards. City Ordinance Section 18-221(e)(2)(J) states
that the City Council must base approval of a Waiver on the following nine standards.
1. The city may only allow the construction of public utilities through buffers where
there is no other practical alternative.
2. Before the City Council acts on the waiver, the Environmental and Natural
Resources Commission and the Planning Commission shall make a
recommendation to the City Council. The city shall hold a public hearing for the
waiver. The city shall notify the property owners within 500 feet of the property
for which the waiver is being requested at least ten days before the hearing.
3. Utility corridors shall not be allowed near endangered or threatened species.
4. Utility corridors, including any allowed maintenance roads, shall be as far from
the wetland as possible.
5. Utility corridor construction and maintenance shall protect the wetland and buffer
and avoid large trees as much as possible.
6. The city shall not allow the use of pesticides or other hazardous or toxic
substances in buffers or wetlands; however, in some situations the use of
herbicides may be used if prior approval is obtained from the administrator.
Attachment 1
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7. The owner or contractor shall replant utility corridors with appropriate native
vegetation, except trees, at preconstruction densities or greater after construction
ends. Trees shall be replaced as required by city ordinance.
8. Any additional corridor access for maintenance shall be provided as much as
possible at specific points rather than to the road which is parallel to the wetland
edge. If parallel roads are necessary they shall be no greater than 15 feet wide.
9. The City Council, upon recommendation of the administrator, may require
additional mitigation actions as a condition of granting the waiver.
Section 3. Findings.
3.01 The proposal meets the specific conditional use permit standards.
3.02 The proposal meets the specific wetland buffer waiver standards.
Section 4. City Review Process
4.01 The City conducted the following review when considering this conditional use permit
and wetland buffer waiver requests.
1. On August 15, 2022, the environmental and natural resources commission
reviewed this project and the wetland buffer waiver request. The environmental
and natural resources commission recommended that the city council _______
this resolution.
2. On August 16 , 2022, the planning commission held a public hearing. The city
staff published a hearing notice in the Pioneer Press and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council _______ this resolution.
3. On September 12, 2022 the city council discussed this resolution. They
considered reports and recommendations from the planning commission and city
staff.
Section 5. City Council
5.01 The city council hereby _______ the resolution. Approval is based on the findings
outlined in section 3 of this resolution. Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the City.
2. The proposed construction must be substantially started within one year of
Council approval or the permit shall become null and void. The Council may
extend this deadline for one year.
3. The City Council shall review this permit in one year.
4. Any fence over six feet tall requires a building permit issued by the city.
Attachment 1
PC Packet Page Number 11 of 40
5. Meet all requirements of Jon Jarosch’s Engineering Plan Review, dated August
8, 2022.
6. Meet all requirements of Shann Finwall and Carole Gernes‘ Environmental
Review, dated August 5, 2022.
7. Receive approval from the City’s Minor Construction 15-Day Review process for
the design of the project.
__________ by the City Council of the City of Maplewood, Minnesota, on September 12, 2022.
Attachment 1
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PUBLIC VACATION OF AN EASEMENT RESOLUTION
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Background.
1.01 Xcel Energy has petitioned the Maplewood City Council to vacate an unused public
easement that crosses the site at 1555 Century Avenue North.
1.02 The easement is legally described as:
A permanent easement for public purposes, over, across and through the South
thirty three (33) feet of the Northeast 1/4 of the Northeast 1/4 of Section 24, Townhip
29, Range 22, Ramsey County, Minnesota.
1.03 A hearing notice on said petition was published in the City of Maplewood’s official
newspaper and written notice was mailed to the property owners within 500 feet of
this unplatted property.
1.04 On September 12, 2022, the City Council held a hearing on such petition, at which
time all persons for and against the granting of said petition were heard.
Section 2. Standards
2.01 Minnesota state statute requires that no vacation shall be made unless it appears in
the interest of the public to do so.
Section 3. Findings.
3.01 The Maplewood City Council makes the following findings:
1. There is no anticipated public need for the described unused public easement.
2. The vacation is not counter to the public interest.
4.01 Therefore, the city council is in favor of the vacation of the above-described unused
public easement.
___________ by the City Council of the City of Maplewood, Minnesota, on September 12, 2022.
Attachment 2
PC Packet Page Number 13 of 40
1555 Century Avenue North - Overview Map
City of Maplewood July 22, 2022
Legend !I
0 475
FeetSource: City of Maplewood, Ramsey County
Subject Property
Attachment 3
PC Packet Page Number 14 of 40
1555 Century Avenue North - 2040 Future Land Use Map
City of Maplewood July 22, 2022
Legend !IFuture Land Use - 2040
Low Density Residential
Medium Density Residential
Public/Institutional
Utility
Open Space
Subject Property
0 475
FeetSource: City of Maplewood, Ramsey County
Attachment 4
PC Packet Page Number 15 of 40
1555 Century Avenue North - Zoning Map
City of Maplewood July 22, 2022
Legend !IZoning
Single Dwelling (r1)
Multiple Dwelling (r3)
Planned Unit Development (pud)
Farm (f)
Open Space/Park
Light Manufacturing (m1)
Subject Property
0 475
FeetSource: City of Maplewood, Ramsey County
Attachment 5
PC Packet Page Number 16 of 40
1555 Century Avenue North - Wetland Map
City of Maplewood July 22, 2022
Legend !IWetlands
Manage A
Manage B
Manage C
Storm Water Pond
Subject Property
0 475
FeetSource: City of Maplewood, Ramsey County
Attachment 6
PC Packet Page Number 17 of 40
414 Nicollet Mall, 414-06
Minneapolis, MN 55401
1-800-895-499
xcelenergy.com
II - Internal Information
July 19, 2022
Michael Martin,
Assistant Community Development Director
1902 County Road B E
Maplewood, MN 55109
RE: Maplewood Plant Safety Improvements
Conditional Use Permit
Wetland Setback and Fence Height Variance
Woodlot Alteration
Vacation of Easement
Community Design Review Board
Dear Mr. Martin,
Please find this letter of intent and application materials for the Conditional Use Permit for the NSP (Xcel
Energy) Maplewood Gas Plant located at 1555 Century Ave N. with a Parcel ID number of 24-29-22-11-
0005. The plant stores propane which can be inserted into the natural gas system during periods of peak
demand in the winter. The plant has been in service since the 1950’s prior to the incorporation of the City
of Maplewood. The plant is an essential service and is a critical part of Xcel Energy gas supply system.
NSP is investing to enhance safety upgrades and improve plant operations. Improvements include:
· Improve the existing stormwater routing, storage, and discharge systems on site while
implementing precautions to decrease the risks associated with any liquid propane storage tank
failure.
· Replace the existing propane loading facilities with a new facility located to the north of the
existing compound. The new facility will increase operational safety and efficiency at the plant.
· Install a new fire suppression system with a connection to a proposed water line in Century Ave.
· Install new compressors, pumps, additional fire and gas detection systems, and electrical
equipment to support the new equipment.
The improvements identified are required to bring the site into compliance with National Fire Prevention
Association (NFPA) codes and design standards. The improvements are intended to provide longer term
reliability, provide modern plant automation, and bring the facility up to Code per NFTA 59 and NFTA
70. The design life of the plant will be a minimum of 20 years.
The project include built in redundancies with duplicates of each major mechanical piece of equipment;
re-grading the existing fenced compound to convey water to the detention pond that will treat stormwater
and act as a containment basin if there is a tank leak; a new fire suppression system with new piping along
with new water main connections to the existing water supply system; the propane loading facility will be
rebuilt in a new location with above grade piping to easily monitor the condition of the propane transfer
system; new storage systems, process systems, boiler systems, plant air systems, cooling systems,
instruments and controls and life safety systems are also proposed.
The property is located on Century Ave approximately ¼ mile south of Larpenteur Ave. E. and abuts the
Union Pacific Railroad to the south. The property is zoned Light Industrial and includes wetland and
forest to the west and north. Adjacent uses to the west and north include forested and undeveloped
property owned by the City and Ramsey County. Residential uses are located to the south of the RR
Attachment 7
PC Packet Page Number 18 of 40
414 Nicollet Mall, 414-06
Minneapolis, MN 55401
1-800-895-499
xcelenergy.com
II - Internal Information
tracks and to the west of the Ramsey County and Maplewood property. To the east are commercial
properties and undeveloped land
Wetlands: Several delineated wetlands have been identified on site and a wetland boundary and type was
approved by the Ramsey Washington Metro Watershed District (22-06 WCA), see attached. Three
wetlands were identified and classified: Wetland I – Incidental; Wetland 2 – Manage B; and Wetland 3 -
Manage A. Due to site constraints and new code requirements a variance to wetland setbacks is
requested.
Woodlot Alteration Permit: Attached for your review is the tree Inventory Due to the amount of
existing woodland on the site, Xcel is proposing to pay into the City’s tree fund.
Community Design Review Board: Attached for processing is CDRB application for your processing
Construction Timing: Construction Timing: Our intent is to start construction of the propane loading
facilities immediately after receiving approval of our application and permits. The fire suppression
system, grading and new equipment will be installed in 2023 and 2024.
Conditional Use Permit: The proposed plant improvements would be located, designed, maintained,
constructed, and operated to be in conformity with the City’s comprehensive plan (Utility Use) and Code
of Ordinances (Zoned Light Industrial). The use would not change the existing or planned character of the
surrounding area. The surrounding residential uses are buffered by the Maplewood and Ramsey County
parcels and the RR tracks. The use would not depreciate property values. The use would not involve any
activity, process, materials, equipment, or methods of operation that would be dangerous, hazardous,
detrimental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage water run-off, vibration, general unsightliness,
electrical interference, or other nuisances. The proposed project will improve the existing environmental
conditions on the sited and plant operations. The plant improvements will not change existing vehicular
traffic or change the existing access point on Century Ave. The proposed plant improvements are served
by adequate public facilities and services, including streets, police, and fire protection. Improvements
will add new drainage structures, water systems to be used for fire protection. The improvements will not
affect public schools or parks. With the exception of a new water supply, which Xcel Energy will pay for
there are no additional public facilities or services requested. Through the use of sensitive design, the
Maplewood Plant will maximize the preservation of and incorporate the site’s natural and scenic features
into the development design. The use would cause minimal adverse environmental effects. The proposed
facility is an essential service an integral part of the natural gas system for the City of Maplewood and
surrounding communities.
Vacation of Easement: Xcel Energy is requesting that the Easement for public purposes in favor of the
City of Maplewood as contained in Quit Claim Deed dated March 27, 1979, recorded August 19. 1980,
Document No. 2087450 in Ramsey County be vacated to allow for the construction of the Propane
Fueling Facility.
Wetland Setback Variance: Xcel Energy is requesting a variance to the wetland setback requirements.
The requested variance are shown on the attached plans and include a reduction of the Type A Wetland
Buffer of 100’ and from the Type B Wetland Buffer of 75’. As noted earlier, the project scope includes
mechanical and site plan upgrades that will bring the property into compliance with National Fire
Prevention Association (NFPA) codes and design standards. Efforts to minimize the impacts to the
Attachment 7
PC Packet Page Number 19 of 40
414 Nicollet Mall, 414-06
Minneapolis, MN 55401
1-800-895-499
xcelenergy.com
II - Internal Information
wetlands and forest included relocating the storm detention pond to avoid wetlands, pulling back
proposed pond outfalls so that they do not encroach within the wetlands, and adjusting the grading plan.
Fence Height Variance: Xcel Energy is proposing to construct an 8’ tall chain link security fence
around the perimeter of the new propane loading facility and will update the existing fence during a
subsequent project. The proposed fence meets current security standards for this type of facility. The
fence will be constructed with 1” mesh spacing which along with the height is intended to inhibit
climbing. For safety and security purposes the mesh fencing provides first responders and Xcel Energy
employees to assess site conditions prior to entering the facility.
The proposed plan is in harmony with the purpose and intent of the Comprehensive Plan guiding as a
utility use and Light Industrial zoning classification. The Maplewood Plant requires significant
mechanical and site plan changes to bring it into the compliance with currant NFPA codes. The NFPA
code has specific standards for site grading within the tank farm and volume requirements for capturing
any spills that may occur. The code also has dimensions setbacks from any building on site to the
propane loading facility. To meet the NFPA code grading activities needed to extend into the wetland
buffer. The proposed improvements provide the safeguards to continue operating the plant into the future.
The improvements also provide environmental benefits by filtering the rainwater runoff and controlling
erosion.
Thank you for your consideration in accepting and reviewing our application. Xcel is committed to
providing safe and reliable energy to our customers and we look forward to discussing our proposal in
greater detail with you.
Regards,
Brian Sullivan
Siting and Land Rights
P: 612.330.5925 I C:612.366.0234 I F: 612.329.3096
Email: brian.e.sullivan@xcelenergy.com
Attachment 7
PC Packet Page Number 20 of 40
Attachment 8PC Packet Page Number 21 of 40
Attachment 9PC Packet Page Number 22 of 40
Attachment 10PC Packet Page Number 23 of 40
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Attachment 11
PC Packet Page Number 24 of 40
Engineering Plan Review
PROJECT: Xcel Energy Propane Plant Upgrades
1555 Century Avenue North
PROJECT NO: 22-22
COMMENTS BY: Jon Jarosch, P.E. – Assistant City Engineer
DATE: 8-8-2022
PLAN SET: Engineering plans dated 6-22-2022
REPORTS: Drainage Report dated 7-20-2022
The applicant is seeking city approval of upgrades to the propane plant at 1555 Century Avenue
North. The applicant is requesting a review of the current design as part of a request for a
conditional use permit, wetland buffer variance, and the vacation of an existing easement.
The amount of disturbance on this site is greater than ½ acre . As such, the applicant is required
to meet the City’s stormwater quality, rate control, and other stormwater management
requirements. The applicant is proposing to meet these requirements via the use of detention
basins, fore bays, and automated overflow systems.
This review does not constitute a final review of the plans, as the applicant will need to submit
construction documents, agreements, and calculations for final review. The following are
engineering review comments on the design and act as conditions prior to issuing permits.
Drainage and Stormwater Management
1) The project shall be submitted to the Ramsey-Washington Metro Watershed District
(RWMWD) for review. All conditions of RWMWD shall be met.
2) A joint storm water maintenance agreement shall be prepared and signed by the owner
for the proposed basins, pretreatment devices, and associated piping and structures.
The Owner shall submit a signed copy of the joint storm-water maintenance agreement
with the RWMWD to the City.
3) Basins shall include pre-treatment devices to remove sediment from runoff.
4) The drainage calculations utilize a water-quality volume of 1-inch over the impervious
surface on the site. The City of Maplewood requires a water-quality volume of 1.1-inches
of runoff over the site impervious surfaces. The drainage calculations and water-quality
infrastructure (if necessary) shall be adjusted accordingly.
Attachment 12
PC Packet Page Number 25 of 40
5) Emergency overflows shall be identified on the plans for the detention basins.
6) The site proposes to utilize detention basins to meet the City’s runoff rate and water-
quality requirements. These detention basins shall meet the requirements for
ponds/basins in the City’s stormwater management standards.
7) Calculations are required showing that the detention basins are removing a minimum of
90% total suspended solids and 60% total phosphorus.
Easement Vacation
The easement being requested for vacation appears to have been taken for a road extension for
development in the late 1970’s. This road extension never occurred and the development
occurred with a different layout that didn’t utilize this easement area for roadway purposes. The
easement area does not contain any public utilities. The Engineering Department has no
concerns with the proposed easement vacation, which should follow the proper vacation
procedures should the vacation request be approved.
Grading and Erosion Control
8) All slopes shall be 3H:1V or flatter.
9) Inlet protection devices shall be installed on all existing and proposed onsite storm
sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent
streets that could potentially receive construction related sediment or debris.
10) Adjacent streets and parking areas shall be swept as needed to keep the pavement
clear of sediment and construction debris.
11) The total grading volume (cut/fill) shall be noted on the plans.
12) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the
issuance of a grading permit.
Sanitary Sewer and Water Service
13) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to
the improvements proposed with this project. A SAC determination is required.
14) All modifications to the water system shall be reviewed by Saint Paul regional Water
Services. All requirements of SPRWS shall be met.
15) All new sanitary sewer service piping shall be schedule 40 PVC or SDR35.
Attachment 12
PC Packet Page Number 26 of 40
Other
16) The proposed water service line to this site lies within MnDot right-of -way along Century
Avenue/Trunk Highway 120. The applicant shall submit the project to MnDot for review
and approval. Documentation showing MnDot approval is required prior to the issuance
of City of Maplewood permits.
17) A Ramsey County right-of -way permit may be required for the water service connection
at Larpenteur Avenue. Documentation showing Ramsey County approval is required
prior to the issuance of City of Maplewood permits.
Public Works Permits
The following permits are required by the Maplewood Public Works Department for this project.
The applicant should verify the need for other City permits with the Building Department.
18) Grading and erosion control permit
19) Storm Sewer Permit
- END COMMENTS -
Attachment 12
PC Packet Page Number 27 of 40
Environmental Review
Project: Xcel Energy Gas Plant
Date of Plans: June 21, 2022
Date of Review: August 5, 2022
Location: 1555 Century Avenue
Reviewer: Shann Finwall, Environmental Planner
651-249-2304, shann.finwall@maplewoodmn.gov
Carole Gernes, Natural Resources Coordinator
651-249-2416, carole.gernes@maplewoodmn.gov
Project Background: Xcel Energy is proposing to make safety upgrades and plant
improvements to their existing gas plant at 1555 Century Avenue. There are significant trees
and a Manage A and B wetland located on the property. The development must comply with
the City’s tree and wetland ordinances, and landscape policies.
Trees
1. Tree Preservation Ordinance:
a. Significant Trees: Maplewood’s tree preservation ordinance describes a
significant tree as a healthy tree as follows - hardwood tree with a minimum of 6
inches in diameter, an evergreen tree with a minimum of 8 inches in diameter,
and a softwood tree with a minimum of 12 inches in diameter.
b. Specimen Trees: A specimen tree is defined as a healthy tree of any species
that is 28 inches in diameter or greater.
c. Tree Replacement: If greater than 20 percent of significant trees are removed,
tree replacement is based on a calculation of significant trees located on the
parcel and significant trees removed. Credits are given for all specimen trees
that are preserved. If less than 20 percent of significant trees are removed, tree
replacement is based on a calculation of one 2-inch caliper replacement tree per
significant tree removed.
d. Exemptions: Tree removal related to public improvement projects to “existing”
utility work or repair. However, since the existing utility is expanding with new
systems and equipment it does not fall within the tree removal exemptions for
existing utilities.
2. Tree Impacts: There are 542 significant trees equaling 8,165 caliper inches on the
property. The applicants propose to remove 85 significant trees equaling 1,404 caliper
inches (17 percent tree removal). A majority of the trees removed are cottonwood and
box elder species. However, 15 large oak trees will be removed with the expansion.
The tree ordinance would require the replacement of one 2-caliper inch tree for each
tree removed (85 trees totaling 170 caliper inches).
Attachment 13
PC Packet Page Number 28 of 40
3. Tree Replacement: The applicants are not proposing to plant any replacement trees.
The applicants’ narrative states, “due to the amount of existing woodland on the site,
Xcel Energy is proposing to pay into the City’s tree fund.”
4. Tree Recommendations:
a. Prior to issuance of a grading permit, the applicant shall submit a revised tree
plan showing the following:
1) Preservation of the 27-caliper inch specimen oak tree (tree #8). This tree
is located along the east side of property, adjacent Century Avenue, just
outside of the grading limits. The applicant should attempt to preserve
this tree.
2) A detailed plan of the trees being preserved and tree planting along the
east side of the property, adjacent Century Avenue. While the applicant
is proposing no tree replacement, there does appear to be room in this
area for tree planting that would help screen the expanded area from the
roadway.
3) Tree escrow for 150 percent of all replacement trees on the site. The
escrow will be released once the trees are planted with a one-year
warranty.
4) Tree fund payment for $60 per caliper inch of replacement tree that
cannot be planted on site. If no trees are replanted, the applicant would
owe the City’s tree fund for $10,200 (85 trees x 2 caliper inches x $60).
Wetlands
1. Wetland Ordinance:
a. Buffer Minimums: The City’s wetland ordinance requires a 50-foot minimum and
75-foot average wetland buffer be maintained around a Manage B wetland and a
75-foot minimum and 100-foot average wetland buffer be maintained around a
Manage A wetland. No mowing, grading, or building is allowed within the buffer.
b. Buffer Averaging: The wetland ordinance allows flexibility in instances where,
because of the unique physical characteristics of a specific parcel of land, the
averaging of buffer width for the entire parcel may be necessary to allow for the
reasonable use of the land during a development or construction project. In such
cases, decreasing the minimum buffer width will be compensated for by
increased buffer widths elsewhere in the same parcel to achieve the required
average buffer width. Averaging is allowed based on an assessment of the
following:
1) Undue hardship would arise from not allowing the average buffer, or
would otherwise not be in the public interest.
2) Size of parcel.
Attachment 13
PC Packet Page Number 29 of 40
3) Configuration of existing roads and utilities.
4) Percentage of parcel covered by wetland.
5) Configuration of wetlands on the parcel.
6) Averaging will not cause degradation of the wetland or stream.
7) Averaging will ensure the protection or enhancement of portions of the
buffer which are found to be the most ecologically beneficial to the
wetland or stream.
8) A wetland buffer mitigation plan is required for construction of
development projects that will require averaging. In reviewing the
mitigation plan, the city may require one or more of the following actions:
a) Reducing or avoiding the impact by limiting the degree or amount
of the action, such as by using appropriate technology.
b) Rectifying the impact by repairing, rehabilitating, or restoring the
buffer.
c) Reducing or eliminating the impact over time by prevention and
maintenance operations during the life of the actions.
d) Compensating for the impact by replacing, enhancing, or providing
substitute buffer land at a two -to -one ratio.
e) Monitoring the impact and taking appropriate corrective measures.
f) Where the city requires restoration or replacement of a buffer, the
owner or contractor shall replant the buffer with native vegetation.
A restoration plan must be approved by the city before planting.
g) Any additional conditions required by the applicable watershed
district and/or the soil and water conservation district shall apply.
h) A wetland or buffer mitigation surety, such as a cash deposit or
letter of credit, of 150 percent of estimated cost for mitigation. The
surety will be required based on the size of the project as deemed
necessary by the administrator. Funds will be held by the city until
successful completion of restoration as determined by the city
after a final inspection. Wetland or buffer mitigation surety does
not include other sureties required pursuant to any other provision
of city ordinance or city directive.
c. Public utilities: The City Council may waive the requirements of this ordinance
for the construction or maintenance of public utilities through buffers where it
determines that there is a greater public need for the project than to meet the
Attachment 13
PC Packet Page Number 30 of 40
requirement of the wetland buffer ordinance. In waiving the requirements the
City Council shall apply the following standards:
1) The city may only allow the construction of public utilities through buffers
where there is no other practical alternative.
2) Before the City Council acts on the waiver, the E nvironmental and
Natural Resources Commission and the Planning Commission shall
make a recommendation to the City Council. The city shall hold a public
hearing for the waiver. The city shall notify the property owners within
500 feet of the property for which the waiver is being requested at least
ten days before the hearing.
3) Utility corridors shall not be allowed near endangered or threatened
species.
4) Utility corridors, including any allowed maintenance roads, shall be as
far from the wetland as possible.
5) Utility corridor construction and maintenance shall protect the wetland
and buffer and avoid large trees as much as possible.
6) The city shall not allow the use of pesticides or other hazardous or toxic
substances in buffers or wetlands; however, in some situations the use
of herbicides may be used if prior approval is obtained from the
administrator.
7) The owner or contractor shall replant utility corridors with appropriate
native vegetation, except trees, at preconstruction densities or greater
after construction ends. Trees shall be replaced as required by city
ordinance.
8) Any additional corridor access for maintenance shall be provided as
much as possible at specific points rather than to the road which is
parallel to the wetland edge. If parallel roads are necessary they shall
be no greater than 15 feet wide.
9) The City Council, upon recommendation of the administrator, may
require additional mitigation actions as a condition of granting the
waiver.
2. Required Wetland Buffers: Ramsey-Washington Metro Watershed District has reviewed
and approved the wetland delineation. Wetland 1 is identified as incidental (manmade
wetland with no wetland buffer requirements), Wetland 2 is identified as a Manage B
wetland (50-foot minimum, 75-foot average wetland buffer), and Wetland 3 is identified
as a Manage A wetland (75-foot minimum, 100-foot average wetland buffer).
3. Wetland Buffer Impacts: The applicants are requesting a waiver from the wetland buffer
requirements for the expansion of the existing utility due to site constraints and new
code requirements. The expansion will require the filling of the incidental wetland
(Wetland 1), grading to within 50 feet of the Manage B wetland (Wetland 2), and grading
Attachment 13
PC Packet Page Number 31 of 40
to within 30 feet of the Manage A wetland (Wetland 3). The proposal requires a 25-foot
wetland buffer waiver for encroachments to the Manage B wetland and a 70-foot wetland
buffer waiver for encroachments to the Manage A wetland.
4. Wetland Buffer Recommendations:
a) Prior to issuance of a grading permit the applicant shall:
1) Submit a detailed grading plan showing the wetland edges, required
wetland buffers, and dimensions of all wetland buffer encroachments.
The grading plan submitted shows the existing wetland edges and the
proposed encroachments, but no dimensions are shown.
2) Submit a wetland buffer sign plan showing the location of wetland buffer
signs on the survey. The sigs should be placed on the edge of the
established buffers, adjacent to the utility. The signs specify that no
building, mowing, cutting, grading, filling or dumping is allowed within the
buffer.
3) Submit a wetland buffer averaging plan identifying where the wetland
buffer will be increased on the west side of the Manage B wetland to
ensure mitigation of the averaged 50-foot buffer encroachment on the
south side of the wetland.
4) Submit a wetland buffer mitigation plan showing repair, rehabilitation, or
restoration of the remaining buffer along the Manage A wetland.
Mitigation should include removal of invasive species and planting of
native plants within the buffer.
5) Install the city wetland buffer signs that specify that no building, mowing,
cutting, grading, filling or dumping be allowed within the buffer.
6) Sign a wetland buffer mitigation agreement with the City requiring that the
applicant establish and maintain the required mitigation within the buffer
for a three-year period.
7) Submit a cash escrow or letter of credit to cover 150 percent of the
wetland buffer mitigation. The City will retain the escrow for up to three
years as outlined in the maintenance agreement to ensure the wetland
buffer mitigation is established and maintained.
Overall Landscaping
1. Maplewood Landscape Policies: Review of the overall landscape plan to ensure
nonnative or invasive species are avoided, seed mix is appropriate for use in areas
proposed, and plantings are climate resilient.
2. Landscaping Recommendations: Prior to issuance of a grading permit the applicant
must submit revised plans with the following detail:
Attachment 13
PC Packet Page Number 32 of 40
a. Plugs: Plant plugs in addition to the seed. This will ensure the establishment of
native cover more quickly and discourage weed establishment.
b. Shrubs: Install native pollinator supporting shrubs at the edge of the wooded
areas and on slopes.
c. Seed and Plug Maintenance Plan: Submit a maintenance plan for establishing
seed plantings for the first three years.
d. Invasive Species Control: Due to the project site’s location next to the City of
Maplewood’s Priory Preserve, the following requirements are put in place to
ensure invasive species control:
1) Add a clause in the plans and follow through with the following activities:
a) Construction Site: All equipment must arrive at the construction
site free of soil, organic debris, and seeds.
b) Best Management Practices for Invasive Species Control: The
applicants will be required to consider the use of the following best
management practices (BMP’s) for reducing the spread of
invasive species for all activities that involve intentional movement
of vehicles, equipment, gear and/or materials onto or off the
woody biomass project sites. Due to the timing of the project and
the requirement of the applicants to inflict as little soil disturbance
as possible, some of the BMP’s may not apply, especially those in
place to prevent the spread of herbaceous invasive plants. The
applicability of BMP’s for this project will be determined by the
applicants’ project manager and the City of Maplewood
representative.
BEST MANAGEMENT PRACTICES
1. Intentional movement of woody biomass material:
a. Per MN Statutes Chapter 18, Sections 18.75 to
18.88, obtain a written permit to transport
propagating parts of restricted noxious weed in
infested material or equipment by contacting the
local weed inspector or county agricultural
inspector for all counties affected.
b. Ensure all materials removed from the project site
are secured before transport (e.g. truck is covered
or invasive materials are wrapped).
2. Intentional movement of vehicles, light and heavy
equipment (chainsaws, brush saw, trucks, tractors, ATV’s,
trailers, etc.) and gear (boots, clothing, personal protective
equipment (PPE), Velcro straps, Kevlar chaps,
backpacks/sprayers, utility bags, etc.) to/from project site:
Attachment 13
PC Packet Page Number 33 of 40
a. Survey site before harvest/management treatment,
note/record locations of existing patches of
terrestrial invasive species or insect or disease
infestations, and either avoid moving through these
patches, or treat them prior to moving through
them.
b. Identify the site to be used to clean all vehicles,
equipment, and gear. Alert all parties involved in
project activities.
c. Inspect all vehicles, equipment, and gear and
remove vegetation, soil, and organisms prior to
entering and leaving site. Ensure items are free of
visible plants/plant parts, seeds, mud, soil and
animals, etc. Use a stiff bristled brush, shovel, boot
brush, power washer or air compressor, or other
appropriate tool. For chainsaws, remove chain to
clean out clutch and clean out saw carrier.
d. When possible, designate specific vehicles,
equipment, and gear for use on uninfested vs.
infested sites.
e. Do not work under wet conditions to minimize
rutting and other soil disturbances.
f. Minimize number of access points to site.
g. Minimize area of vegetation and soil disturbance by
access roads and skid trails.
h. Avoid working, parking, or storage in patches of
invasive species. When unavoidable, treat area
before using and clean vehicles, equipment and
gear after work is complete.
i. Power spray vehicles and equipment after returning
from the site. Dry before use if from worm-infested
sites.
3. Intentional movement of materials (soil, rock, gravel, straw,
mulch, seed, plants, etc.) in the process of constructing or
improving access roads:
a. Inspect outside of transport equipment, storage
containers and materials for visible presence of
invasive species.
Attachment 13
PC Packet Page Number 34 of 40
b. If possible, use local ecotype seeding material,
plants, fill, straw, gravel, and mulch that is certified
as uninfested.
c. Monitor areas of soil disturbance for evidence of
invasive species germination or resprouting and
treat if found.
d. Minimize the use of outside/offsite materials.
4. Procedures to minimize the risk of increasing the
dominance of invasive species. In addition to those already
listed above:
a. If working on multiple sites over a period of days,
work in uninfested sites first and end in infested
sites.
b. If possible work, on frozen ground and with
adequate snow cover.
c. Minimize access roads, skid trails and staging
areas.
d. Monitor access roads, skid trails, and staging areas
for evidence of invasive species germination or
resprouting and treat if found.
e. When practicable, stage woody biomass material
on already disturbed site.
f. Reduce ground disturbance as much as possible
during staging of woody biomass materials.
g. Consider timing of project-related activities so that
invasive species are not bearing seed/fruit.
Attachment 13
PC Packet Page Number 35 of 40
HKGi 800 Washington Ave N, Suite 103, Minneapolis, Minnesota 55401 www.hkgi.com
Creating Places that Enrich People’s
DEVELOPMENT CODE UPDATE
TO: City of Maplewood Planning Commission
FROM: Rita Trapp and Natalie Brown, Consulting Planners
DATE: August 10, 2022
SUBJECT: Zoning Code – Land Use Table Discussion
MEETING DATE: August 16, 2022
In 2022 one of the focuses of the development code update process is on reviewing and updating the
permitted, conditional, and prohibited uses. The zoning code is currently structured with each zoning
district having its own list of permitted, conditional, and prohibited uses as is appropriate to the
district. One often has to review multiple zoning districts to understand what is allowed as a district
may refer to a list in a different district. To assist with a comprehensive review, uses across all of the
districts have been compiled into a series of tables for Planning Commission review:
• Principal Uses for Agriculture and Residential Districts
• Principal Uses for Non -Residential Districts
• Accessory Uses for Agriculture and Residential Districts
• Accessory Uses for Non-Residential Districts
Each of the tables is structured similarly with a list of uses on the left and an existing or proposed
definition for that use on the far right if available or needed. Under the districts a “P” is used to signify
a permitted use and a “CUP” is used when the list is considered conditional. A column was also
included for questions or comments from Staff and the consultant team.
After compiling the tables, Staff and the consultant team began to make suggested revisions for
Planning Commission consideration. These revisions are shown in red. Revisions included changes to
use names, consolidation of uses that are duplicative, suggested changes to where uses are allowed,
and suggested definitions or revisions to existing definitions. Commissioners are asked to review the
proposed changes, as well as to confirm that where uses are allowed continues to be appropriate.
In addition to the tables for permitted and conditional uses, a table was created regarding prohibited
uses. This table was created because some districts specifically list prohibited uses (shown as “PR” in
the table). This practice of specifically listing prohibited uses is not generally a best practice as it
creates confusion about what happens if a use is not listed in the zoning code. Traditionally, a use that
is not listed in the code is considered prohibited. However, if there is a list of prohibited uses in some
districts, then it is unclear what not having a use listed in that district means. Planning Commission
discussion is requested about modifying the code to handle prohibited uses differently.
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During the review process Staff and the consultant team identified the following four specific uses that
would benefit from additional Planning Commission discussion:
Related Commercial Uses
Currently the code has two uses called related commercial uses and supportive commercial uses in the
CO district (see below for definitions). Input from the Planning Commission was desired about the need
for these uses, whether the uses as defined address what is needed today, and whether these uses
should be also considered in other districts. The consultant team has had experience with this type of
use being considered an accessory use for senior housing, hospitals, and manufacturing as well as
offices.
• Related commercial uses, including incidental services, such as restaurants, pharmacies and retail
sales which serve primarily the occupants and patrons of the permitted office use, when
conducted within the same building. Related commercial uses shall not exceed 25 percent of the
total net floor area of the building.
• Supportive commercial uses. The following freestanding uses may be permitted upon approval
by the city council of a special exception: specialty or gift stores, office supply, ticket agency,
travel service, opticians and similar uses. The uses provided for in this subsection may be the
sole use of a particular property or building or may be combined with any permitted or
conditional uses allowed in the district, upon compliance with the necessary special exception or
special use procedures.
Storage Uses
Currently the code has a number of different uses related to indoor and outdoor storage. An example
of this can be found in the BC district under conditional uses: “Interior storage or warehouses, the
exterior storage, display, sale or distribution of goods or materials, but not including a junkyard,
salvage automobile, or other wrecking yard. The city may require screening of such uses pursuant to
the screening requirements of subsection (6)a. of this section.” The Planning Commission is being asked
to consider breaking these uses into multiple, clearer use types. An example of ways that this could be
accomplished would be the following:
Principal Uses
• Scrap, salvage, or junk yard. Any area, lot, land, parcel, building or structure, or part thereof,
used for the storage, collection, processing, purchase, sale, salvage or disposal of scrap, waste,
reclaimable material or debris.
• Storage and sale of machinery and equipment. The storage and sale of machinery and
equipment, including but not limited to trailers, motorcycles, boats, and farm implements.
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• Storage facility, personal. A building or group of buildings consisting of individual, self-
contained units leased to individuals, organizations, or businesses for self-service storage of
personal property.
• Storage yard means the keeping, in an unroofed area, of any goods, junk, material,
merchandise, or vehicles in the same place for more than twenty-four (24) hours.
Accessory Uses
• Outdoor display means an outdoor arrangement of the products a business sells outside of the
building the business occupies.
• Outdoor storage means the storage of personal or business property for a period greater than
24 hours outside of an enclosed building.
Metal storage building
The City Code has provisions for metal storage buildings in a number of locations throughout the code.
It was felt that it was appropriate during this process to revisit the provisions to make sure they were
still appropriate for the City. The following is from Section 12-5:
Sec. 12-5. - Metal storage buildings.
(a) It shall be unlawful to erect a metal storage building in the city which is of a design
commonly referred to as a pole barn or agri-building, unless such building would be:
(1) Located in a F farm residence district;
(2) A metal storage building commonly used as a backyard storage shed;
(3) Located in an M-1 light manufacturing or M-2 heavy manufacturing district and substantially
screened so as to be 80 percent opaque as viewed from residentially zoned land or streets. If
the screening is removed or dies and is not replaced, the city council may require removal of
the building. If the value of the building exceeds $25,000.00, the city council shall allow at least
a five-year amortization period; or
(4) Located in a BC business commercial district and approved with a conditional use permit as
required in section 44-512(b)(6).
(b) Special architectural design and nonmetal decorative modifications may be required by the
city.
(c) Should any dispute arise over the classification of a proposed metal building, the director of
community development shall determine whether the proposed metal building fits into the
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pole barn category. Appeals of the director's decision shall be made to the city council for a
determination of the building type.
(d) The city council may grant variances to the requirements of this section. All variances must
follow the requirements provided in Minnesota State Statutes.
(e) A rezoning shall not be approved unless any metal storage building on the site complies with
the requirements of this section.
The following is from the BC District as noted in item (4) above:
a. No more than 20 percent of the building would be visible from streets or the highest
topographical point of the nearest residential lot lines.
b. The building would not be of lesser quality than surrounding development. If the screening is
removed or dies and the owner does not replace it, the city council may require that the owner
remove the building. If the value of the building exceeds $25,000.00, the city council shall allow
at least a five-year amortization period.
Secondary Dwellings
Currently the Mixed Use District allows secondary dwellings as a conditional use permit. Secondary
dwellings are defined as an additional dwelling unit located within and subordinate to the principal
dwelling on a single-dwelling lot, designed for a single occupant or small family. As part of this use review
process, the Planning Commission is being asked to discuss whether a secondary dwelling should be
considered for more districts other than Mixed Use. Secondary dwellings, which are more commonly
referred to as accessory dwelling units (ADUs) today, are being allowed more broadly in many
communities. To facilitate discussion on this topic, below is additional background on ADUs.
An accessory dwelling unit (ADU) is a self-contained residential unit with its own living room, kitchen,
and bathroom. ADUs are permanent installations that are legally part of a larger property that includes
a standard single-family house. This housing is designed to be flexible to meet family needs, and can
generate rental income for the homeowners. ADUs can sometimes be referred to as: carriage or coach
houses, accessory apartments, backyard cottages, secondary dwelling units, granny flats, mother-in-law
suites, second suites or garden apartments. These units may be located inside the principal building on
a lot or may be located in a detached accessory building on the same parcel.
The images below show the potential ways that ADUs can be constructed on a property. There are two
general classifications of accessory dwelling units. Attached ADUs are those that are either located within
the principal structure, such as in the basement or attic, or those that are in an addition that is part of a
principal structure expansion. Detached ADUs are those that are located in an accessory structure on
the site.
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Accessory Dwelling Units are being explored across the country as a means to addressing family needs
as well as housing affordability and availability challenges. ADUs can address lifecycle housing needs as
people can age in place and families are able to provide independent housing that is less expensive
than what could be obtained in a senior living facility. Generally, ADUs have been preferred in existing
residential neighborhoods as they expand housing options without significantly altering the character
of the existing neighborhood. Where rentals are allowed, homeowners are also able to earn income
that can pay other household expenses.
While there are a variety of benefits to ADUs, it is important to recognize that there are financial barriers
that may impact the feasibility of ADUs being constructed. For example, while an ADU may be less
expensive than a new single family home, as a lot does not need to be purchased, the cost to construct
the ADU may still prevent it from being a truly affordable housing option. It should also be noted that
financing may also be challenging as currently most financial institutions do not include potential rental
income as part of the underwriting. In addition, it is difficult to find comparable sales for the purposes
of determining the ADU value.
When communities consider allowing ADUs there is generally a set of standards also established. Some
of the common topics that the City may want to explore include: maximum number of ADUs per lot, ADU
size limit, setbacks, parking, number of occupants, ownership/rental, independent sale of an ADU, and
water/sewer connections.
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