HomeMy WebLinkAbout05/21/2007
MAPLEWOOD PLANNING COMMISSION
Mondav. May 21,2007, 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
May 1, 2007
5. Public Hearings
7:00 2008 - 2012 Capital Improvements Plan
(Note: The CIP is not yet ready for review. As such, the city will need to reschedule the
hearing for this item for a later date.)
7:45 Pond Overlook (2161 County Road D)
Rezoning (F to R-2)
Conditional Use Permit for Planned Unit Development
Preliminary Plat
6. New Business
None
7. Unfinished Business
Annual Tour Update
8. Visitor Presentations
9. Commission Presentations
May 7 Special Council Meeting: Mr. Yarwood
May 10 South Maplewood Study Area Meeting: ??
May 14 Council Meeting:?? (was to Mr. Walton)
June 11 Council Meeting: Mr. Walton
June 25 Council Meeting: Mr. Desai
10. Staff Presentations
11. Adjournment
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
TUESDAY, MAY 1, 2007
I. CALL TO ORDER
Chairperson Fischer called the rneeting to order at 7:00 p.rn.
II. ROLL CALL
Vice-Chairperson Tushar Desai
Chairperson Lorraine Fischer
Corn missioner Harland Hess
Cornrnissioner Gary Pearson
Cornrnissioner Dale Trippler
Cornrnissioner Joe Walton
Cornrnissioner Jererny Yarwood
Absent
Present
Present
Present
Present
Present
Present
Staff Present:
Torn Ekstrand, Senior Planner
Erin Laberee, Assistant City Engineer
Ken Roberts, Planner
Lisa Kroll, Recording Secretary
III. APPROVAL OF AGENDA
Mr. Roberts requested an addition under Staff Presentations to discuss the next planning
cornrnission rneeting date.
Cornrnissioner Trippler moved to approve the agenda as arnended.
Comrnissioner Yarwood seconded.
Ayes - Fischer, Hess, Pearson, Trippler,
Walton, Yarwood
The motion passed.
IV. APPROVAL OF MINUTES
Approval of the planning cornrnission rninutes for April 3, 2007.
Chairperson Fischer had clarifications to pages 5, 8, 9 and 10 of the April 3, 2007, minutes.
Chairperson Fischer had a clarification to page 5, in the ninth paragraph, first sentence, change
thatto ll. On page 8, in the eighth paragraph, first line, reword the sentence to read Chairperson
Fischer asked that in trying to rninirnize water flow off of the site will the city be okay with
the restrictions we now have in place. On page 9, in the fourth paragraph, second line, at the
end of the sentence, after transit way insert II rnay change tl:lat-from strictly. In the fifth paragraph,
third line, after the word listed, add under developinq comrnunities. On page 10, in the fourth
paragraph, first line, at the end of the sentence, change verses to versys.
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Cornrnissioner Pearson rnoved to approve the planning cornmission rninutes for April 3, 2007, as
arnended.
Comrnissioner Hess seconded.
Ayes - Fischer, Hess, Pearson, Trippler,
Yarwood
Abstention - Walton
The motion passed.
V. PUBLIC HEARING
a. Costco, Conditional Use Permit (North Side Bearn Avenue, west of Bruce Vento Trail)
(7:07 - 7:45 p.m.)
Mr. Ekstrand said Costco Wholesale Corporation is proposing to build a 158,000-square-foot
rnernbership warehouse/retail building on the north side of Bearn Avenue, at the easterly side of
the recently approved Mogren Retail Addition planned unit development (PUD). The proposed
store will include a 5,200-square-foot tire center and a 4,000-square-foot liquor store. There
would also be a freestanding gasoline station for Costco mernbers in the southwest corner of the
site.
December 18,2006, the city council approved the Mogren Retail Addition prelirninary plat and
PUD for the forrner golf course property. The proposed Costco site was an anticipated part of this
PUD. The council also adopted a resolution ordering the public irnprovements for the
development. February 12, 2007, the city council approved the Mogren Retail Addition final plat.
Residents west of Maplewood Toyota have requested that there be a sidewalk along the south
side of the Mogren Retail Addition development (on the north side of Beam Avenue) to get to
Costco. Because of wetlands and limited right-of-way width on the south side of the Carrnax site,
it is not feasible to install a sidewalk frorn Highway 61 to Country View Drive and Costco. As part
of roadway improvernents approved for this area, there will be sidewalks provided on the north
side of Bearn Avenue frorn Country View Drive to Hazelwood Street and frorn Beam Avenue to
County Road 0 to the north. There is an existing biturninous trail already on the south side of
County Road 0 frorn Highway 61 to Hazelwood Street. Therefore, there will be pedestrian access
available from the hornes west of Highway 61 to this property.
Cornrnissioner Walton asked how would someone get to the sidewalk across Highway 61 at
County Road 0, will there be a pedestrian bridge there?
Mr. Roberts said there will not be a bridge; pedestrians would have to cross the road with the
change of stoplight to get to the Costco location.
Mr. Ekstrand said staff had received two cornrnents/concerns about the proposal frorn nearby
property owners. One was regarding the sidewalk connection staff rnentioned and the other was
frorn Hubbard Broadcasting that requested that the city not allow a parking waiver and that there
be adequate spill protection in the fuel station area. The applicants gave staff verification and
sorne evidence that Costco feels that this space will rneet their needs and the parking count
cornes close to rneeting the city's parking code.
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Staff is recomrnending approval of the conditional use permit for Costco.
Commissioner Trippler said he had a great deal of difficulty reading the elevations on the plans
that were provided, but if he reads thern correctly, the elevation of the ponds were at 865 feet and
the elevation at the fueling station is 873 feet which is an 8-foot difference between potential
ground water elevation and the top of the ground. He said he contacted Erin Laberee frorn the
engineering departrnent today because he was extrernely concerned about burying fuel tanks in
the ground water. He said there are ways to engineer this situation so you overcome the pressure
those tanks would have sitting in the ground water. He said he contacted the Minnesota Pollution
Control Agency and spoke to a tank specialist and they said that they would look at this very
closely if in fact the fuel tanks are in the ground water. Originally that whole area was a wetland
that was filled in to make the golf course and he would expect that the ponds on the north side
next to County Road 0 define where the ground water is within a foot or two.
Ms. Erin Laberee, Maplewood Assistant City Engineer, addressed the comrnission. The water
elevation in those ponds does not necessarily dictate the ground water elevation. A soil boring will
need to be done to determine where the ground water level sits. She doesn't believe it's at the
sarne elevation as the water level and the ponds are.
Cornmissioner Trippler said that didn't rnake sense because those are all organic and peat soils
and he sees no reason why the ground water elevation and that part of the facility would be any
different than the northern part of the facility unless there is sorne sort of a clay layer that runs
through there.
Ms. Laberee said the water in the ponds would not corne through the ground to fill the ponds. The
water in the pond is being piped through the storrn sewer and not corning frorn the ground into the
pond. It's corning from the storrn sewer systern and into the pond and held in the pond.
Comrnissioner Trippler asked if the pond is concrete or clay lined so that the water that runs into it
doesn't seep into the ground water?
Ms. Laberee said any water that's in the ponds will infiltrate down until it hits ground water.
Cornrnissioner Trippler said the issue is you put a 500 to a 1,000 gallon fuel tank below ground
and if there is ground water around the tank, when that tank gets near ernpty it's going to want to
buoy up because it's sitting in the ground water. For example, he knows in the state of Florida 80
to 90% have ground water at less than 8 feet from the surface, so he knows accomrnodations can
be made for fuel tanks below ground, so he assurned that could be done and engineered. If the
city is going to approve this fuel facility, he thinks there should be very very strong engineering
requirernents and there needs to be safeguards required by the city in place so the developer
doesn't just dig a hole and put the tanks in and call it good.
Ms. Laberee said she understands Cornrnissioner Trippler's concerns. The developer will have to
provide those details to the city regarding how the fuel tanks will be constructed and where the
ground water is located, but so far those details have not been provided but the city will work with
the developer very closely on this project.
Cornrnissioner Hess said a few months ago we reviewed the Carrnax proposal in this location and
he asked if the location of the two 48-inch and the 30-inch pipes run through this area?
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Minutes of 05-01-07
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Mr. Ekstrand said those pipes you referred to run through the Carrnax site and would not irnpact
the Costco site.
Comrnissioner Hess said Costco is asking for fewer parking spaces and he wondered what the
required parking stalls were for the city code.
Mr. Ekstrand said Costco is asking for 39 fewer parking spaces than what the city code requires
but is showing 32 proof-of-parking stalls. The city code is for a 9 foot 6 inch wide parking space
and the applicant will have 1 O-foot-wide parking stalls. Should there be a real parking concern at
Costco; the parking lot could be restriped with srnaller parking spaces in order to gain additional
parking spaces throughout the site.
Chairperson Fischer said in the staff report on page 14, under the parking waiver paragraph, it
states the site plan delineates 730 parking stalls with an additional 55 shown as proof-of-parking
and she asked why that was different from what staff had indicated in the staff report.
Mr. Ekstrand said he wondered the sarne thing though that would be a good question for the
applicant when they have the opportunity to corne forward and address the cornmission. He said
he counted the parking spaces on the site plan and carne up with 32 proof-of-parking spaces.
Corn missioner Trippler said to clarify things, the cornrnission won't be dealing with lighting
concerns on the site because that will be reviewed by the CDRB. His concern is that he didn't see
anything in the staff report that justified why Costco should be allowed to have taller light poles
than what the city code allows.
Mr. Ekstrand said the CDRB will be reviewing the lighting concerns. Staff didn't see a justification
why Costco needs such taillight poles either. His recornrnendation to the CDRB is to deny the
request until sufficient data is provided to staff. The city code is for light poles 25 feet in height.
The applicant rnay be able to discuss that this evening.
Corn missioner Trippler asked if he understood that the planning comrnission should vote on the
building and site-design plans?
Mr. Ekstrand said the planning cornmission should vote on the CUP for the fuel sales and tire
service center. The CDRB will vote on the parking, lighting and comprehensive sign plan.
Cornmissioner Trippler said regarding the sidewalks, is the Bruce Vento Trail north of Beam
Avenue open for public use?
Ms. Laberee asked if he meant the trail on County Road D?
Cornrnissioner Trippler said he was referring to the Bruce Vento Trail.
Mr. Ekstrand said yes, the trail is open and paved.
Comrnissioner Trippler said the last tirne he was on the trail there was a large gate closing the
trail.
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Ms. Laberee said she would have to check on that. For sorne reason she thought it rnight still be
closed.
Cornmissioner Trippler asked if people from the west of Highway 61 walk along County Road 0,
will they be able to access the trail off of County Road D?
Ms. Laberee said yes people can access the Bruce Vento Trail.
Cornrnissioner Trippler asked if sorneone would have to go around the intersection of Hazelwood
Street to get to the trail?
Ms. Laberee said no.
Mr. Roberts showed a drawing on the overhead. There is a pedestrian ramp or trail on the west
side of the Bruce Vento Trail pointing to the northwest toward the new County Road D.
Corn missioner Trippler said if people wanted to get to Bearn Avenue from County Road 0 and it
got too busy to go by Costco, another alternative would be to take the trail south or go to
Hazelwood Street.
Comrnissioner Walton said somewhere in the report there was great detail regarding the fuel
tanks and how they are built to be indestructible. He asked if there was any evidence that these
tanks ever leak?
Mr. Ekstrand said the applicant may be able to address that.
Cornmissioner Walton said he lives west of the Maplewood Toyota dealership so he is familiar
with the area and the intersection of Beam Avenue and Highway 61 and he feels this area is
unsafe. He hears accidents frorn his window there when people try to cross there. To cross the
street you need to press the pedestrian crossing button and the light only stays lit for a few
seconds so it's very difficult to cross there. It probably isn't a bad idea to reroute pedestrians to
County Road D. Maybe that intersection at Bearn Avenue and Highway 61 could be improved for
safety reasons.
Mr. Roberts said that road improvernent for the intersection is in the plan as part of the Beam
Avenue/Country View Drive road project for this year.
Cornrnissioner Walton said he was unaware of that. There was a cornrnent on page 29 of the
staff report frorn Ron Leaf with SEH, under the Construction Staging, that he wanted clarification
on which states For the rain gardens, this could be in the form of a diversion structure at the
upstream end or an adjustable overflow riser which can be set at a lower elevation during the
establishment period and then raised to the final design elevation upon final stabilization.
Ms. Laberee said when construction is underway and the storrn pipe is in the ground, you don't
want to route water into the rain garden and into the infiltration areas because it could become
sediment laden, and in order for plants to establish you don't want to be running water through
there. Ron Leaf is suggesting that water be diverted during the construction.
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Cornmissioner Trippler said regarding Ron Leafs cornments under operation and rnaintenance,
he asked how that would be rnaintained, does staff have those same concerns and have you
been working with the applicant to get those concerns worked out?
Ms. Laberee said we asked that the applicant present inforrnation to staff on how those are to be
rnaintained and what the rnaintenance plan is to give a detailed list of how that should happen.
Chairperson Fischer asked the applicant to address the cornrnission.
Mr. Ted Johnson, President of T J Design Strategies, 2311 West 23'd St., Oak Brook, Illinois,
representing Costco, addressed the cornrnission. He said he is the developer for the Costco
projects in the 14 Midwest states. Costco is seeking approval for the fueling facility and approval
for the tire center. Regarding the tire center, there is no outside tire storage at Costco. Within the
tire center, there is a storage area where used tires are stored, and once a week a local recycling
vendor removes the used tires to be recycled. The fuel station is not a 24-hour a day fueling
facility and the fuel station is for Costco rnernbers only. The hours of operation are 6 a.rn. until 1 0
p.rn. and only two grades of gasoline are sold, and this is a cashless fuel facility. The Costco
rnernbers rnust use a Costco rnernbership card to activate the fuel purnp and then use a debit,
Arnerican Express or Costco credit card to pay for the gas. Costco will be seeking an unattended
perrnit frorn the state fire rnarshal's office. However, Costco will have an ernployee at the location
during the hours of operation to help a Costco rnernber who rnay be having a problem with the
card rnachine; they rnay direct traffic on the site but would not purnp any gas into vehicles.
Regarding the water table on the site, we are still looking at the site. We don't like to put
underground fuel tanks under the water table. In can be engineered but it's very expensive. If we
encounter that during the course of our investigation, Costco will be corning back to Tom
Ekstrand with a revised site plan having this at a different location. The facility is a state-of-the-art
facility. The fuel tanks are rnade of double-walled fiberglass. The entire distribution system from
the tanks up to the pipe is also rnade of double-walled fiberglass. There are safety factors,
rnonitors and surnps included in the systern design. Should any fuel leaks occur, the entire
systern shuts down until Costco can find out what occurred. The reason Costco goes to these
extrernes is that Costco is self-insured, and we don't have an insurance cornpany backing Costco
ifthere are any problems. If there is a problern on a Costco site, it's Costco's responsibility, so the
fuel tanks have to be designed and constructed properly frorn the beginning.
Cornrnissioner Pearson asked if the ernployee who will rnonitor the facility will be trained to
trouble shoot alarrns and problerns that could occur at the facility?
Mr. Johnson said the Costco employee would be required to go through safety training before
they are assigned to work at the fuel facility. There are a nurnber of locations where there are gas
shutoffs that Costco rnernbers could even get to should there be sorne type of gas spill.
Corn missioner Walton asked why Costco wants a fueling station here? Is a fuel station sornething
Costco has to have at their stores?
Mr. Johnson said if Costco were to build in Maplewood without a fueling facility the question
would arise why do other Costco stores have a gas station but we can't get fuel here? So Costco
does this to provide a service to its rnernbers. Gasoline will be sold at this location for 8 to 10
cents less per gallon than the rnajor brands.
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Minutes of 05-01-07
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Chairperson Fischer asked if the applicant had any questions for the planning commission?
Mr. Johnson said no.
Cornrnissioner Trippler asked why Costco is proposing 37%-foot-talllight fixtures cornpared to
what the city ordinance is?
Mr. Johnson said Costco finds that we get a rnuch better light distribution with the taller light pole.
It does increase the nurnberof light poles on the site. We did an analysis in Madison, Wisconsin,
and typically Costco has about 39 light poles on their site. The shorter the light pole, the more hot
spots you get in the parking lot. With a higher light pole, Costco is able to get a rnuch more
uniform foot-candle throughout the parking area. Costco uses shoebox fixtures and flat lenses, so
you don't see the source of the light and the light glare. 90% of the lights in the parking lot will be
turned off at 10:00 p.rn., so the lights are not on throughout the evening hours. There is also a
10% annual energy savings.
Cornrnissioner Trippler asked if you drive down Bearn Avenue would you see light glare with a
37%-foot-talllight pole?
Mr. Johnson said you wouldn't see the source of the light so you wouldn't see the light glare.
Comrnissioner Hess said it looks like there are some pretty big signs going up on the fuel canopy
at 16' x 1.8'.
Mr. Johnson said the signs are 25 square feet on each side.
Cornrnissioner Hess asked if that would be on all four sides of the fuel canopy?
Mr. Johnson said yes.
Cornmissioner Hess asked if those fuel signs would be left on 24-hours a day?
Mr. Johnson said the signs are shut off 1 hour after the station closes. There will be a lirnited
nurnber of canopy lights left on, just enough to get a foot-candle reading so that the security
cameras can see the purnp area.
Comrnissioner Hess said regarding the height of the light fixtures, are those metal hay lights?
Mr. Johnson said yes.
Cornrnissioner Hess asked if those are at a higher foot-candle output compared to a sodiurn
vapor, which is the yellowish light fixture?
Mr. Johnson said the rnetal hay light presents a very white light versus the yellow tint.
Cornrnissioner Hess said it's a rnore intense light than the subdued yellow sodium vapor. If you
have a higher light fixture, you need to have a higher density light to get the foot-candles you
need on the ground.
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Minutes of 05-01-07
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Mr. Johnson said if the lights were 24 feet tall or 35 feet tall, you are still looking at a 400 watt
rnetal hay light.
Cornrnissioner Hess said he thought those light fixtures had a higher light glare ratio than the
sodiurn vapor lights, so when you travel down the road you might get rnore glare frorn those lights
corn pared to the other light style.
Mr. Johnson said in years past that may have been the case, today they have substantially
lessened light pollution so these shoebox lights with flat lenses, the technology is that you don't
see that light glare. If you think of the lights at the rnall, those are 1 OO-foot-talllight poles where
you actually see the light source. With that style of light you are going to see light glare. At the
CDRB rneeting he said he would present cut sheets of this. These are now night-friendly lights,
and the lights are strictly down lighting the parking lot.
Cornrnissioner Walton said regarding Lieutenant Kevin Rabbett's cornments in the staff report on
page 3, it states "It is difficult to determine if the entrance/exit off of Beam Avenue is "protected"
by the existing median divider strip. I would hope that vehicles exiting the lot onto Beam A venue
would be prohibited from turning to go eastbound on Beam. Lieutenant Rabbett said he believes
that would be a dangerous condition given the speed of traffic and the sight impediment caused
by the bridge and the slight jog in the roadway."
Ms. Laberee said that will be a right turn in and right turn out only. The improvernents to Bearn
Avenue will have a median that continues so people will not be allowed to rnake that type of turn
movement.
Mr. Ekstrand said Lieutenant Rabbett was not aware of that rnedian when he wrote his concerns
for the staff report, and staff later found out from Ms. Laberee that the rnedian would prevent
those left turn rnovernents.
Chairperson Fischer asked if anyone in the audience wanted to address the cornrnission. Nobody
came forward. Chairperson Fischer closed the public hearing.
Cornrnissioner Pearson rnoved to adopt the resolution approving a conditional use perrnit for the
tire service center and fuel station at the proposed Costco store in the Mogren Retail Addition
east of Highway 61 on the north side off Bearn Avenue. Approval is based on the findings
required by the ordinance and subject to the following conditions:
1. The developrnent shall follow the plans date-starnped April 3, 2007, except where the city
requires changes. Staff rnay approve minor changes.
2. The proposed construction rnust be substantially started within one year of council approval or
the permit shall end. The council rnay extend this deadline for one year.
3. The city council shall review this perrnit in one year.
4. The applicant shall cornply with the requirernents in the engineer's report dated April 20, 2007.
5. There shall not be any outdoor storage of tires unless they are kept within a decorative
screening enclosure approved by the cornrnunity design review board.
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6. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as
required by the Minnesota Pollution Control Agency.
Cornmissioner Yarwood seconded.
Ayes - Fischer, Hess, Pearson, Trippler,
Walton, Yarwood
The motion passed.
Comrnissioner Trippler said while he supports the rnotion he intends to lobby the CDRB to make
sure they look very closely at the fuel station and the installation of the fuel tanks. He hopes the
applicant will consider rnoving the fuel station from the southwest corner to the southeast corner
or the northeast corner of the site to alleviate at least another 5 or 6 feet of elevation and may
bring the tanks out of the possible ground water. Otherwise he believes this is a good proposal
and he appreciates the fact that Costco is proposing 10-foot-wide parking stalls.
This itern goes to the CDRB on Tuesday, May 8,2007, and to the city council on Monday, June
11, 2007.
b. Keller Lake Convenience Store, Conditional Use Permit (2228 Maplewood Drive) (7:45-
8:27 p.m.)
Mr. Roberts said Roger Logan, the owner of the Keller Lake Convenience store, is proposing a
revision to the conditional use perrnit (CUP) for the property at 2228 Maplewood Drive. This
perrnit allows a rnotor fuel station to be within 350 feet of a residential zoning district. The
proposed revision to this perrnit is for the expansion of a nonconforrning use. This station is
nonconforrning because it is within 350 feet of a residential property. The proposed permit
revision is necessary to allow the LP (liquid propane) retail dispensing facility that is on the
property to rernain on the site. The city approved a perrnit for the installation of the LP dispensing
facility about one year ago. The contractor installed the tank about 15 feet frorn the east property
line of the site. Unfortunately, the city issued the perrnitforthe tank in error since the city requires
the owners or contractors that install such tanks to keep thern at least 350 feet from a residential
property.
In cornparison, one could consider the city's 350-foot setback requirernent as excessive and not
necessary to keep the public safe frorn such a facility. In this case, the house to the east of the
site is about 130 feet from the tank location. City staff is working with the owner/operator of the
store, Mr. Logan, to resolve this rnatter. To keep the LP dispensing facility on this property, Mr.
Logan and city staff are asking the city to approve a CUP revision for the property. This revision
would be forthe enlargernent of a nonconforrning use. Specifically, the CUP revision would be to
allow the LP dispensing facility to stay on the property as an accessory use to the rnotor fuel
station and convenience store.
Butch Gervais, Maplewood fire rnarshal, stated the contractor followed all state guidelines and
regulations with the installation of the LP tank and that he does not have any concerns with it
being on this site.
Corn missioner Hess asked how large the propane tank is on the site?
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Minutes of 05-01-07
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Mr. Roberts said it looks like a 1,000 gallon propane tank.
Comrnissioner Hess asked where the underground storage tanks are on the site?
Mr. Roberts said staff thinks the tanks are located on the north side of the site, but they rnay be
under the concrete on the site as well. That rnay be a good question for the applicant.
Cornmissioner Hess said he spoke to a rnanager at Menard's because they sell propane in 20
pound tanks within 1,000 feet frorn a residential area, and the rnanager said he didn't have any
concerns with the convenience store and the propane storage.
Cornrnissioner Trippler said he noticed in condition number 5. it states there shall be no motor
fuel, propane or other deliveries to the site between 10:00 p.rn. and 7:00 a.m. In condition nurnber
7. it states the hours of operation for the store and business shall be limited to the hours between
6:00 a.rn. and 11 :00 p.rn. He asked if there was sorne reason those two conditions weren't the
sarne?
Mr. Roberts said they weren't the sarne in the old conditions, but we could change that. Staff
added sorne additional language. Condition nurnber 7 relates to the city's noise ordinance.
Comrnissioner Trippler wondered if the hours of operation should begin at 7 a.rn. but the station
opens 1 hour earlier at 6 a.rn.
Mr. Roberts said the city hasn't had any cornplaints about this station in years, so staff didn't feel
the need to change that condition.
Cornrnissioner Trippler asked if staff talked to the resident at 1071 County Road B E, and if so,
did they express any concerns regarding this request?
Mr. Roberts said that resident called staff today and asked a few questions. Staff didn't think the
resident was very happy about this, but they are here this evening and rnay want to speak to that.
Chairperson Fischer asked the applicant to address the cornmission.
Mr. Roger Logan, the property owner and applicant for the Keller Lake Convenience Store, 2228
Maplewood Drive, addressed the comrnission.
Cornrnissioner Trippler said there is 1 hour difference between when deliveries can be rnade in
the morning and a difference of 1 hour later than when the facility is open, is that a problern for
you or not?
Mr. Logan said that has not been a problem for hirn. He opens for business at 6 a.rn. and closes
at 9 p.rn. Monday through Friday. Saturday he is open frorn 7 a.rn. until 9:00 p.rn., and Sunday he
is open frorn 8:00 a.m. until 8:30 p.m. He said usually he's in the store because he does his own
cleaning and restocking, but the door is closed.
Cornrnissioner Trippler asked if he had experienced or had any problerns with deliveries wanting
to come before 7 a.rn. or after 10 p.rn.?
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Minutes of 05-01-07
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Mr. Logan said no.
Chairperson Fischer asked if he had any problems or questions with the staff conditions?
Mr. Logan said no, he follows the rules and things are fine.
Cornmissioner Pearson asked if there were any plans to enlarge the size of the current propane
tank?
Mr. Logan said no, a 1,000 gallon propane tank is perfect. He said he also does tank exchanges
on the other side and refuels on the other side.
Chairperson Fischer asked if anybody in the audience wanted to address the comrnission.
Ms. Catherine Dupre and Debra Forbes from 1071 County Road BEast, Maplewood, addressed
the cornmission. Ms. Dupre said their major concern of this is the fact that this is 130 feet from
their bedroorn windows. They were not aware this tank was installed for 1 year already. It's a
giant tank and looks like a subrnarine. They have no idea why this propane tank has to be so
large. The applicant sells 20-pound propane tanks on the other side, how rnuch LP does that little
gas station need on site? It's not like he is asking for another parking space or to sell a certain
kind of candy bar. This is LP and LP blows up as we all know. His underground gas tanks are
also on that side so when the big truck cornes to fill up the big tanks, they could crash into the LP
tank. Let's hope that never happens. As Ken Roberts was saying, the fire rnarshal said he was
okay with this, but he doesn't go to bed every night 1 ,000 feet from an LP tank, so he wouldn't be
as concerned about that as we are. In the second paragraph of the staff report it states the permit
was issued by the city in error, wouldn't it also be an error to leave the tank there after this has
been brought to everyone's attention knowing that this tank was installed closer than the 350-foot
setback. When the tank was put in they said they weren't given any notice or called to address
the 1,000 gallon LP tank being installed.
Ms. Forbes said even though the perrnit for this propane tank was issued, we were not invited to
the rneeting. Is it not also true that we would have had to wait 1 year before the permit was
renewed again before we could testify at a rneeting?
Mr. Roberts said the perrnit for the propane tank was issued with a building perrnit. The propane
tank did not require a public hearing, so that's why no neighbors were notified. It was through the
building perrnit approval process that the error occurred when staff did catch the 350 foot setback
requirernent.
Ms. Dupre said whenever the previous property owner updated things we were always invited to
the meetings for things such as the canopy and the lights for the station.
Mr. Roberts said when the LP tank perrnit was issued staff viewed it as an accessory use to the
rnain gas station facility and the city code allows minor changes to a site. For exarnple, if the
owner wanted to put 3 candy rnachines outside or rnove something around on the site, staff has
leeway to approve rninor changes to a site plan. Putting the propane tank on the site would not by
itself trigger a public hearing. Yes an error was rnade, is it also an error to continue to keep the
propane tank there?
Planning Commission
Minutes of 05-01-07
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Mr. Roberts said without consulting the city attorney staff guesses that we could run into some
legal problerns if the city says an error was made and the owner has to take the tank out and pay
the cost, where as the city rnay end up paying rnoney to the owner if the city were sued in some
fashion to try to force the removal of the tank. Staff doesn't know if the city wants to go there at
this point. If the city council wants to pursue that, they could consider that option.
Ms. Dupre asked why their safety should suffer because the city rnade an error in allowing this to
be built?
Ms. Forbes said we understand everybody rnakes rnistakes.
Ms. Dupre said you don't live there, 133 feet away is not even half the distance it is supposed to
be frorn residential besides the size of the tank, plus the other tanks on the site. How rnuch LP
does one tiny gas station need, it's absurd. The owner doesn't make his living off selling LP; he
rnakes his living off selling gasoline and the grocery store. The selling of LP rnust have been an
afterthought to rnake extra money. Not having LP for sale would not put hirn out of business, and
it wouldn't be a hardship on his part to not have LP for sale. He already has LP for sale in the
front of the store, and now he has it in the back of the store. This whole piece of property is so
srnall to start with and she can't believe how a 1,000 gallon LP tank would be allowed on such a
small piece of property to begin with at 133 feet frorn residential property. If the 1,000 gallon LP
tank was allowed in error, leaving the tank there is also an error. She said they are just as
irnportant and as valuable as the gas station. They are the only property owner this close to the
gas station and the only ones affected by this.
Corn missioner Yarwood said there rnust be a limit to the amount of flammable rnaterial you are
allowed to have on a property.
Mr. Roberts said staff hasn't heard of a Iirnit offlarnmable material on a property, but that rnay be
sornething the fire marshal reviews on a case-by-case basis.
Cornrnissioner Yarwood said it would have been nice to have the fire rnarshal here to speak
regarding the safety issues that are considered with these circurnstances around residential
properties. It appears frorn the fire marshal's cornments in the staff report that he is okay with this,
but he presurned there rnust be sorne Iirnits.
Cornmissioner Trippler said Ms. Dupre and Ms. Forbes have stated they are the only property
owners that are affected by this, and he asked the property owners how wide their lot is?
Ms. Forbes said their property is around an acre of land, it equals five lots.
Cornrnissioner Trippler asked if the property owner at 1081 County Road B E was within the 350
foot radius?
Mr. Roberts said if you rneasure frorn the tank location to the house location at 1081 County
Road B E and not property line to property line, then they are.
Planning Commission
Minutes of 05-01-07
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Mr. Logan said the previous property owner told hirn about these two property owners. Last year
Ms. Dupree carne to the station for gas which is pre-pay only but she didn't want to pre-pay for
her gas, so she got rnad and left. When the propane tank was installed, she was happy aboutthe
tank being there because it would be convenient and would accornrnodate the neighborhood.
During the last snowstorrn he had to call the city about a problern he encountered with her. Ms.
Dupre said the snow was piling up and rnelting into her yard, and she told hirn to get a skid loader
to rernove the snow frorn the area. He said there was nothing he could do about it, that was
nature and that she should talk to the city. So she said she would take him to court if he didn't
rernove the snow. Sornebody frorn city hall was in his store at the tirne she said that. He said he
told her if you want to go to court go ahead, or you can go to the city hall and talk to them
because the city is plowing snow and durnping snow here as well. He got a citation, and he knew
very well where the cornplaint carne frorn. Ms. Dupre was the complainant, and even though she
said that having the propane is a convenience that helps the neighborhood, she is still unhappy.
He is the only one who is trained to refill the propane tanks. If a neighbor comes for a propane
tank refill and he is not there, they have to leave their narne and phone nurnber and he will call
thern when he returns or they can come back to get the refill. The propane is shut off when he is
not there, so no one else can operate it. This is just personal, that is why she is cornplaining. He
said he rests his case.
Cornmissioner Trippler said he also wished the fire rnarshal were here tonight because he would
like to ask for sorne sort of estirnate if the propane tank were to fail and there was an explosion,
what the affect of a 1,000 gallon LP tank blowing up would be. He asked if staff had any idea
what the repercussions would be?
Mr. Roberts said it depends. It's one thing if it's a propane leak, it's another thing if the tank
explodes, but with the bollards around the tank staff thinks it should be safer. The LP tank
industry has to be very protective of the safety of these types of tanks. As an industry they don't
want these tanks blowing up, that would be bad for their reputation. If a truck carne crashing down
the road and it hit the tank, there would be a big explosion which would clearly not be a good
thing even though there is a slirn chance of that happening. If the tank were located at the corner
of the intersection, the chance of something hitting it would be higher and staff would be rnore
concerned. Being that the tank is set back on the site, it should be safer. Yes, it would be nice to
have more inforrnation from the fire marshal, and staff will request that before this itern goes to
the city council.
Mr. Logan said the fire marshal required us to have concrete poles surrounding the tank, so even
if a truck backed into the poles, the tanks are still protected. Ms. Dupre and Ms. Forbes are the
only ones with the problem with the LP tank.
Cornmissioner Hess said he was wondering if there were things the city could do regarding the
error in approving this propane tank perrnit such as reducing the size of the LP tank from 1,000
gallons to 500 gallons and/or having the owner put up a rnore substantial barrier between them
and the property at 1071 County Road B East such as a concrete retaining wall as opposed to the
wood fence. If you look at the LP tanks that are used on rural and lake properties, those LP tanks
are all over the place and rnost of thern are 300 to 500 gallon tanks, and you don't hear about
those tanks blowing up or even leaking.
Ms. Dupre and Ms. Forbes said they would like to reply to Mr. Logan's cornrnents.
Planning Commission
Minutes of 05-01-07
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Corn missioner Yarwood said it's not necessary for a rebuttal. The cornrnission can see past the
personal issues.
Ms. Dupre said our yard has a history offlooding and when the snow was piled up over the street,
she said she asked him to rnove the snow pile but she didn't say she would take him to court, she
said she would talk to the city. The county actually came and rernoved the snow. If the snow
rnelted down the street and into the catch basin, it would run into her yard which is low already, so
her yard gets enough run off. This situation has nothing to do with the LP tank but she felt she
had to explain the history between owners. She said if you don't live next to this tank you don't
know the safety concerns, but when the tank explodes, they will not be there. A 1,000 gallon LP
tank is not necessary to fill up a few 20 gallon tanks.
Chairperson Fischer asked if there was anybody that hadn't had the chance to speak regarding
this proposal? Nobody frorn the audience carne forward. Chairperson Fischer closed the public
hearing.
Cornrnissioner Trippler said he was trying to find some way to resolve this issue that would help
everybody out. He asked staff if the city could require the applicant to rnove the propane tank next
to his building? He was thinking he could use the convenience store as the containment structure
if there was a failure and a tank explosion. If the tank was near the northwest side of the building
that would provide rnore protection in case the tank were to blow up. He is thinking if there is a
tank failure it doesn't make any difference if the tank stays where it's at or if it's rnoved to the
north edge of the property, either way the property and the surrounding homes will be damaged.
Comrnissioner Yarwood said there are some ways to construct a concrete barrier abutment on
the east side of the tank to deflect frorn the residential properties.
Cornrnissioner Trippler asked staff if the city could require that to be done?
Mr. Roberts said that would be sornething staff would want to talk to the building inspectors, the
city engineering staff and the city attorney about before giving a definitive answer.
Comrnissioner Trippler said he can understand wanting to protect the city frorn litigation, but it
seerns that 1071 County Road B East has cause for litigation against the city for issuing approval
for sornething that was in violation of the city ordinance.
Chairperson Fischer said she knows CUPs get reviewed periodically on schedule; if problerns
arise in between tirne, do the neighbors have any recourse to get a CUP reviewed before the tirne
period is up?
Mr. Roberts said yes, especially if there is a violation of a condition or an operational problern.
Chairperson Fischer asked if sorneone would call city staff to have that reviewed?
Mr. Roberts said yes, staff would investigate it and if warranted take it before the city council.
Comrnissioner Hess asked about reducing the size of the LP propane tank?
Mr. Roberts said the question is who pays for the reduction and changing out the tank?
Planning Commission
Minutes of 05-01-07
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Cornmissioner Hess said he understands that, but the city is looking at this from a life-safety
issue.
Mr. Roberts said without talking to the propane experts or the fire rnarshal, is a 500 gallon LP tank
really that rnuch safer than a 1,000 gallon LP tank?
Cornmissioner Hess said he isn't sure either.
Cornrnissioner Walton asked how it was determined in 1992 that you had to be 350 feet away
frorn residential property and was that requirernent for a certain size LP tank or was it for any size
tank?
Chairperson Fischer said or was that just generally the 350-foot requirernent for what happens in
the M-1 district?
Mr. Roberts said when he looked at the file on this, there was no study stating that 350 feet was
the rnagic number to make it safe for a certain size tank. The LP dispensing facility has generally
been 300 or 500 gallon tanks or larger that staff has seen. The 350-foot requirement was taken
from the rules that were in place at the tirne that stated that any use in the M-1 district that was
within 350 feet of residential property autornatically needs a conditional use permit, and the city
still has that rule in effect today. Also, 350 feet at that tirne was the distance used for notifying
neighbors of public hearings. The city has since increased that to a 500-foot radius, so 350 feet
was a comrnon nurnber used for a lot of setbacks. Fuel stations and rnotor vehicle repairfacilities
have to be at least 350 feet away from residential property for no particular reason, it could have
been 200 feet away. Would 500 feet away be better? Sornetimes yes.
Comrnissioner Trippler said Mike's RV on Frost Avenue dispenses LP, and behind his store is a
residential area and he rnust be within 350 feet or less?
Mr. Roberts said yes, staff guesses that was grandfathered in because Mike's RV has been there
a long tirne. Staff believes there must be other fuel stations that are within the city that have
sirnilar setups. That doesn't necessarily rnake it right, but staff is sure they are in Maplewood as
well as other cities.
Cornrnissioner Pearson said at the corner of Maryland and Century Avenue at the bait shop in
Oakdale they sell LP and that sits within 40 to 50 feet of the road and the strip rnall and probably
70 feet frorn the bait shop itself.
Chairperson Fischer asked if that rneets state requirernents?
Mr. Roberts said staff assurnes that if they got their perrnit it rneets the state requirernents.
Cornrnissioner Walton said we need to layout the alternatives here. We have the conditional use
perrnit, we can change the setback frorn 350 feet to another number, or the cornrnission can say
no to this request, despite the city error in approving this tank permit.
Chairperson Fischer said the corn mission has concerns about inforrnation they don't have this
evening which rnay make a difference in how the cornrnission votes on this.
Planning Commission
Minutes of 05-01-07
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Cornrnissioner Yarwood said maybe we should table this for more inforrnation.
Chairperson Fischer asked staff when this is due to go to the city council?
Mr. Roberts said there is no 60 day deadline because this was owner and staff initiated. If the
cornrnission wanted to table this for rnore inforrnation they can do so.
Cornrnissioner Trippler requested to table this itern so that rnore inforrnation could be gathered
from the fire rnarshal regarding what the implications would be on a total failure of the tank, and
whether or not a concrete barrier of sorne sort would protect 1071 County Road B East from a
blast. The cornrnission needs rnore inforrnation on these things before making a recornrnendation
to the city council.
Comrnissioner Hess said we should also be looking at the fuel storage underground gasoline
storage vessels with the fire rnarshal to see which of the two pose rnore of a threat? Is it the
underground gasoline storage or the LP propane tank or both? He would like to get a resolution
on that as well.
Comrnissioner Trippler moved to table the conditional use perrnit revision for the existing rnotor
fuel station and for a LP (liqUid propane) distribution facility on the property at 2228 Maplewood
Drive.
Cornmissioner Yarwood seconded.
Ayes - Fischer, Hess, Pearson, Trippler,
Yarwood, Walton
The motion to table passed.
Comrnissioner Yarwood said it would be nice in the future to have background information on the
storage of flarnmable or explosive liquids on these sites and how they are approached from a
safety view. Not just for this case but for any future case that the corn mission should review.
Because staff will have to do sorne research on this itern staff wasn't sure when this itern would
be brought back to the planning cornrnission.
c. Corner Kick Soccer Center, Conditional Use Permit (1357 Cope Avenue) (8:28 - 9:08
p.rn.)
Mr. Roberts said Mr. Ryan Manning, representing Corner Kick Soccer Center, is proposing an
expansion and several changes for the soccer center at 1357 Cope Avenue. The proposed
soccer expansion area includes a regulation-sized soccer field and other interior irnprovernents,
12,000 square feet of retail space and the addition of 83 off-street parking spaces to the site
(including 27 underground parking stalls). The proposed soccer center and retail building
additions and parking lot expansion will rneet the city's findings of approval for a conditional use
perrnit.
Planning Commission
Minutes of 05-01-07
-17-
As noted by the city engineer, they do not expect the increase in people on the site to pose a
problern forthe neighbors or cause additional traffic issues on the nearby streets. However, they
are doing traffic counts and a traffic analysis to verify the traffic situation with this proposal. Staff
gave the comrnission some handouts with additional inforrnation regarding the traffic data prior to
the start of this evening's rneeting.
Cornrnissioner Hess said he was looking at the roof area and it appears there will be 81,000
square feet of new roof. He wondered if the runoff from the roof would be adequately taken care
of?
Ms. Laberee said that was one of the engineering cornrnents to the applicant regarding providing
adequate infiltration for this site, and that has yet to be addressed.
Corn missioner Hess said regarding the architectural considerations of the building, it appears
there are many square feet of flat metal panels especially on the north and west side. It appears
sorne of the vegetation has already been rernoved. He was curious what the eave height would
be on the new building and how rnuch exposure there would be on English Street and Highway
36. He asked if they could trirn the wall out with architectural features? It appears they have brick
along the north wall and on the west face but he doesn't think they went far enough to rnake the
building appealing enough.
Mr. Roberts said staff touched on that in the staff report on pages 3 and 4 and a condition was
added at the top of page 8. The CDRB will review that during their rneeting. Staff spoke to the
architect about that as well, so they are aware of the concern.
Cornrnissioner Hess said he looked at the Highway 36 expansion and it looked as though there
were sorne reservations about the building addition with the future road reconstruction project of
Highway 36. Because the city doesn't know what the plans are for the redesign of Highway 36, he
wondered how much easernent area is needed for that, and will this building addition for Corner
Kick be affected by this?
Mr. Roberts said the city thinks the expansion of Highway 36 will happen in the next 10 years or
so, but there has been no final design, tirneline or rnoney implernented for that project, and it
appears to be on the wish list. Mr. Roberts said Chuck Ahl, the Public Works Director, said he
didn't think the city should hold this project up for the future reconstruction of Highway 36.
Corn missioner Trippler said he didn't see a date starnp on the large plans or the small plans for
Corner Kick.
Mr. Roberts said that was staff's oversight.
Cornrnissioner Trippler asked if the plans should be date starnped April 6, 20077
Mr. Roberts said that was the last date staff has for plans.
ComrnissionerTrippler said he lives in the area and knows the city put up traffic counting strips on
Cope Avenue and English Street. He asked what the traffic results were from that count?
Planning Commission
Minutes of 05-01-07
-18-
Mr. Roberts said staff just received that traffic count report and prior to the start of tonight's
rneeting staff handed those results out to the cornmission. This included a traffic surnrnary of
current and future estimates frorn the applicant, Ryan Manning, and a memo from SEH regarding
parking and traffic and the engineering plan review with traffic data collected for English Street
and Cope Avenue frorn Maplewood Engineer, Michael Thompson.
Cornmissioner Trippler didn't have the opportunity to review the inforrnation yet and said it would
have been nice to receive that inforrnation before this evening.
Mr. Roberts said there is definitely traffic in this area but the traffic counts are nowhere near what
the vehicle capacity is on Cope Avenue. The State Highway department wants to keep traffic on
Highway 36 rnoving, so the traffic light doesn't change as often as drivers on English Street would
like, so that is an inconvenience for those cars waiting on Cope Avenue and Highway 36.
Corn missioner Trippler said he sees a safety issue corning up Cope Avenue to the T in the
intersection at English Street trying to rnake a left-hand turn onto English Street going south.
Because English is crowned just before that location, you cannot see a car corning until they are
less than Yo a block away. If you want to take a left-hand turn and you are sitting there, rnany
tirnes a car wants to rnake a right-hand turn, and they pull up and they are sitting there because
they can't see if anybody is corning on the left, so they pull forward so you can't see if anybody's
coming on the right. You also have to keep track of cars corning frorn the other direction on Cope
Avenue that want to go straight across. That intersection is a nightrnare. This additional traffic is
going to add to the problern at Corner Kick. He said he doesn't have a solution for it other than a
four-way stop, but he didn't know if that would work either because when that light turns green
you have 30 seconds to rnake it or else you sit there for a long tirne.
Ms. Laberee said there is no easy, obvious solution for this intersection. She said she presented
the traffic count data to the consultant engineer, Torn Sohrweide at SEH, and we found there
were over 3,400 cars per day on Cope Avenue and over 5,800 cars per day on English Street.
The consultant engineer took a look at the applicant's traffic count and he didn't think this
proposal would have any significant irnpact on how Cope Avenue and English Street would
operate. As far as a four-way stop at this location, she rnentioned that to him which rnay or rnay
not be warranted at this location. It would require a very in-depth traffic study and it could rnake
the situation worse, but it's independent of this developrnent. This developrnent will definitely add
cars to this area, but it won't have an irnpact on how Cope Avenue operates. The traffic is bad
now and it's going to be bad in the future, but this project won't rnake it a lot worse.
Cornrnissioner Trippler said he didn't think that the nurnber of trees that were being proposed
along Cope Avenue was adequate enough to provide a light barrier for the hornes on the south
side of Cope Avenue if cars pull into the parking spaces at night. The car lights are going to shine
straight across Cope Avenue and into their hornes. He asked if there would be sorne sort of a
barrier or fence or are we just relying on the trees as a barrier from the car lights?
Mr. Roberts said that western parking area is below grade by at least 5 feet on Cope Avenue, so
that shouldn't be a problern. The parking lot does get reconfigured but it's fairly flat, and staff is
recornmending a condition that rnore trees be planted to beef up potential concerns. That is
sornething the CDRB will review at their rneeting.
Planning Commission
Minutes of 05-01-07
-19-
Cornrnissioner Trippler said he read the letterfrorn Leo Capeder frorn Truck Utilities, Inc. at 2370
English Street at Highway 36. The letter stated they have serious concerns about water runoff
and to see the attached letter dated May 6, 2003. The planning commission didn't receive that
letter. Does staff rernernber what was in the letter dated May 6, 2003?
Mr. Roberts said there was talk of a proposal going in on this corner that never went anywhere
and Mr. Capeder has been concerned that there could be additional water runoff that rnay affect
the Truck Utilities property. Michael Thompson frorn engineering has spoken to Mr. Capeder
about those concerns and has started an investigation of what is going on with his property. The
surnrnary of the drainage on this property is that the city is going to require that all the new storrn
water generated frorn this project be contained to a rninimurn standard on this site so it doesn't
run downstream and affect the Truck Utilities property.
Cornmissioner Hess said he lives in this area too and he would be in favor of a four-way stop in
the location that Commissioner Trippler rnentioned earlier. The traffic on Cope Avenue
sornetirnes assurnes that you have a stop sign, so the cars pull out in front of you. Cars corning
up and over the crown that corn missioner Trippler rnentioned speed, which is a safety issue,
especially if cars aren't stopping at that intersection. There isn't much room to react to traffic
there.
Comrnissioner Walton said regarding the drainage issue and the irnpervious surfaces created
with this project, have you thought of any alternatives for this site like pervious pavement for the
parking lot?
Ms. Laberee said Michael Thompson has spoken to the engineer about different rnethods of
BMPs that can be installed. The developer has yet to subrnit that inforrnation to engineering to
show they will rneet the i-inch infiltration requirement.
Comrnissioner Walton said it looks like you are going to have a holding pond on the site to the
north.
Ms. Laberee said that's what is shown now but there is sorne work that needs to be done before
engineering will sign off on this plan.
Chairperson Fischer asked the applicant to address the cornrnission.
Mr. Ryan Manning, the owner of Corner Kick Soccer Center, 1357 Cope Avenue, Maplewood,
addressed the cornmission.
Mr. Mike Hoefler, AlA, CID, ARCHNET, 12445 - 55th Street, Suite A, Lake Elmo, addressed the
cornrnission. Mr. Hoefler thanked the cornmission for their tirne and the review of this project. He
said they are excited about this project and this will be a great irnprovernent to the area. They
have taken into account rnany design ideas that they feel will enhance the existing structure as
well as create a new building that is a nice asset to the area and neighborhood. Sorne concerns
that came into play during the design is that we have been very sensitive to the site lines for both
the building and parking lot. A lot of landscaping will be created on the site.
Planning Commission
Minutes of 05-01-07
-20-
Mr. Hoefler said they have talked to nurseries and landscape cornpanies and reviewed the
plantings, the landscaping and tree requirernents ofthe city. The placernent ofthe landscaping is
set to screen and to enhance the area. The comrnent that was rnade earlier regarding the parking
lot lighting off Cope Avenue as you travel along Cope Avenue heading towards the west, a
smaller berrn has been created in that area with rnore deciduous trees. Where the parking lot
drops down we have created evergreen material to create screening where it's needed because
the car lights would shine above the curb line. Regarding the building, they looked at rnetal and
along the south they created brick, stucco and a generous arnount of glass, which are all Class A
rnaterials. Staff called hirn regarding the English Street side as well as the north and they created
a couple of different ideas using skylighting rnaterials and Cal Wall panels for additional daylight
into the field as well as sorne rnasonry accents and colurnns. We have also created a parapet
along the English Street side so you wouldn't see the angled pitch of the roof. It will be one flat
parapet which steps up to sorne crown rnolding giving it rnore of a cornrnercial appeal. The
arnount of metal that they have proposed along with these accents and Cal Wall inserts will give a
nice balance to what the existing facility has to offer and will create a very nice look. In addition to
the building rnaterials, we are creating additional fire safety, handicapped accessibility and new
elevators and bathroorns to meet the ADA requirernents. He and Mr. Manning appreciate the
cornrnission's tirne and look forward to building a nice project.
Cornmissioner Hess said he was curious about the eave height of the tallest part of the building.
Mr. Hoefler said the eave height is 35 feet from the lowest point which would be on the Highway
36 side. The south side is engaged into the hill about 20 feet in vertical height frorn the Cope
Avenue elevation and 35 feet frorn the Highway 36 elevation.
Cornrnissioner Hess asked regarding the grade what is the finished floor relative to the English
Street elevation of the street?
Mr. Hoefler said it varies, but frorn the intersection of English Street and Cope Avenue the soccer
field floor is about 20 feet below that elevation, so the retail floor is at 904 feet and the
intersection is at about 906 feet.
Comrnissioner Hess said if you are driving up the sloped surface of English Street and you are
driving south, looking to the left, and you see the west face of the new building, how rnuch of the
roof are you going to see because this is a very large roof?
Mr. Hoefler said the height of the building from Highway 36 at the eave height is 35 feet, so as
you progress up to Cope Avenue it will be reduced because you are traveling uphill, so frorn that
perspective it's about 20 to 35 feet.
Comrnissioner Hess asked if that area of the building was going to have the parapets put in? It
also looks like you have shielded the HVAC units.
Mr. Hoefler said yes.
Cornmissioner Hess said his boys play soccer here and he noticed a lot of injuries occur during
the games. He asked if there are any plans for a first aid station?
Planning Commission
Minutes of 05-01-07
-21-
Mr. Manning said to be honest with you, we can't afford that. As far as a first aid station, we have
discussed that and we would consider that. Maybe converting a storage room to a first aid room
would be a possibility.
Comrnissioner Hess said he wondered if a nurse could be there during heavy soccer-playing
times such as on the weekends. He is concerned that if a child has a concussion or gets injured
that it would be nice to have a place for kids to lie down. He said his soccer tearn is lucky enough
to have around a parent of one of the soccer players who is a doctor.
Mr. Roberts said if you could have a dedicated room such as a quiet room if the kids needed it,
which would be nice.
Mr. Manning said that would a reasonable request. He said we don't get rich off of this facility. We
do this because we love soccer.
Comrnissioner Yarwood said regarding the applicant's estimates of current and future traffic
counts to the facility, under the average nurnber of vehicles per hour it looks like you divided the
entire number of vehicles per day by the nurnber of hours that Corner Kick is open. What are your
peak hours of operation?
Mr. Manning said the peak hours are 5:30 to 7:30 p.rn. during the week, which are slower, and
the weekends are busy. There is no peak time on weekends. We are busy frorn 7 a.rn. until 9
p.m. or later at night which is very consistent frorn Novernber to April.
Chairperson Fischer asked if the applicant has any problerns or questions with the conditions in
the staff report?
Mr. Hoefler said no, they have reviewed the report and do not have any problerns with the
conditions listed.
Chairperson Fischer opened up the public hearing.
Ms. Ann Cleland, 1308 Cope Avenue, Maplewood, addressed the corn mission. She lives on the
corner of Cope Avenue and English Street. She wrote that she was very concerned about this
proposal since her horne is on a hill and that the view of the parking lot should be totally
screened. She said they only see a few ornamental trees across frorn their lot. She asked ifthere
would be a berrn to block the view of the parking lot? She is concerned about page 7, nurnber(7),
which states no landscaping put in the Cope A venue boulevard. The contractor shall restore the
boulevard with sod. It looks like on the plan there are going to be 3 crab trees proposed, and that
doesn't block rnuch frorn her perspective. She asked about the sidewalk and what side of the
street the sidewalk was proposed for?
Mr. Roberts said the engineering department is recornrnending the sidewalk on the side of the
street that Corner Kick is located. To clarify, page 7., condition nurnber (7), rneans that the city
doesn't want trees or bushes planted in the street boulevard that is city property. The city wants
the landscaping to be on the private property. The public boulevard between the curb and the
property line is where the city wants grass. It's not to say the city doesn't want landscaping
between the parking lot and the street, but it has to be kept on the private property, not on the city
property.
Planning Commission
Minutes of 05-01-07
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Ms. Cleland asked what type of a store they are proposing?
Mr. Roberts said staff understands that the applicant is going to lease retail space to whornever
they can lease to. That could include a coffee shop or it may include a soccer store, etc.
Ms. Cleland said she is sure the day is corning that Highway 36 and English Street will be an exit
or on/off rarnp. If you know that highway expansion is corning in the future, wouldn't you turn the
building addition north-south so that when that expansion happens there is room for the Highway
36 expansion?
Mr. Roberts said staff has seen four or five different designs reconfiguring Highway 36 and to try
to determine how rnuch property would be needed for this future project, the city can't do that and
there is no money in the budget right now to acquire rnore property for roads or rarnps or any of
the above. As Chuck Ahl, the Public Works Director said, the city just doesn't know enough to say
no to this proposal at this tirne.
Ms. Cleland asked if this would be grandfathered in?
Mr. Roberts said the worse case scenario is the state orthe city would have to buy part of the site
and a portion of the addition rnay have to go away.
Comrnissioner Trippler said when the site is graded out to the west that it is going to be at your
corner, that parking lot is going to be 5 feet below ground level so when a car pulls into a parking
space the lights would have to go up to get to Cope Avenue, so there shouldn't be a problem for
you.
Ms. Cleland said she wasn't thinking of the car lights, she was thinking of having to look at the
building addition itself and she was thinking it would be nice to have large trees to block her view
of this addition out the front of her house.
Corn missioner Trippler said that property was always zoned M-1 so it could have been a factory
or sornething rather than this addition proposed.
Comrnissioner Hess asked if her house faces the south side?
Ms. Cleland said her house faces the north and will look at the south elevation.
Cornrnissioner Hess said that is where the nicest features of the addition are.
Chairperson Fischer asked if there was anyone in the audience that wanted to address the
cornrnission. No other audience rnernbers carne forward. Chairperson Fischer closed the public
hearing.
Planning Commission
Minutes of 05-01-07
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Comrnissioner Trippler moved to adopt the resolution on pages 46-48 in the staff report. This
resolution approves a revision for the conditional use perrnit for Corner Kick Soccer Center at
1357 Cope Avenue. Maplewood bases this perrnit revision on the findings required by the code
and it is subject to the following conditions (the additions are underlined and the deletions are
crossed out):
1. All conctruction choll follow tho cito pion opprovod by tho city. Tho Diroctor of Comrnunity
Gevoloprnont moy opprovo minor chongoc.
1. All construction shall follow the proiect plans date-stamped April 6. 2007. The citv council may
approve rnaior chanoes to the plans and city staff rnay approve rninor chanoes to the plans.
Such chanoes shall include:
a. Revisino the proiect plans to rneet all the conditions of the city enoineer (includino the
addition of a sidewalk alono Cope Avenue) and city staff.
b. Revisino the buildino elevations as rnay be reouired bv staff or the Cornmunitv Desion
Review Board (CDRB).
2. Tho propoced conctruction rnuct bo substantially ctartoEl-within one yoar of council opprovol or
tho porrnit choll bocorno null and void. Tho council rnoy oxtend this doodlino for one yom.
2. The owner or contractor shall start the construction for this perrnit revision within one year of
citv council approval orthe permit revision shall end. The city council rnay extend this deadline
for one year.
3. Tho city council sholl reviow thic porrnit in ono YBaf.
3. The city council shall review this permit revision one vear from the date of approval.
4. The owners/operators of the soccer center, the fire rnarshal and the city buildino official shall
aoree on a plan for the soccer center to rnake the reouired life safety and buildino
irnprovernents to the existino buildino. This plan shall include the installation of:
a. The reouired fire protection (sprinkler) systerns.
b. An early warnino fire protection systern (srnoke detection and rnonitorino).
c. Additional erneroencv liohts and exit sions (if necessarv).
d. The necessarv chanoes to rneet the handicapped accessibility code reouirernents.
e. A proper address on the buildino.
f. Anv other chanoes the fire rnarshal or the buildino official deem necessarv.
5. Have the citv enoineer approve final construction and enoineerino plans. These plans shall
rneet all the conditions and chanoes that the enoineer noted in the rnemo dated April 23,
2007, includino the installation of the sidewalk alono Cope Avenue.
6. The owner or operator shall be responsible for the rnaintenance and clean up of the pondino
areas on their property.
7. The owner or operator shall post the drivewavs and drive aisles as no parkino zones.
Planning Commission
Minutes of 05-01-07
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8. The owner or operator of Corner Kick shall ensure that visitors or users of the facilitv do not
cause disturbances or rnake unreasonably loud noise in the parkinG lot that disturb nearby
residents.
Comrnissioner Pearson seconded.
Ayes - Fischer, Hess, Pearson, Trippler,
Yarwood, Walton
The motion passed.
This itern goes to the CDRB on May 8, 2007, and to the city council on June 11,2007.
VI. NEW BUSINESS
None.
VII. UNFINISHED BUSINESS
None.
VIII. VISITOR PRESENTATIONS
None.
IX. COMMISSION PRESENTATIONS
a. Mr. Yarwood was scheduled to be the planning commission representative at the April
9, 2007, city council rneeting, however, there were no planning corn mission iterns to
discuss because the St. Paul Monastery Redevelopment plan at 2675 Larpenteur
Avenue East was rescheduled for May 7, 2007 at the Maplewood Comrnunity Center.
b. Mr. Trippler was the planning commission representative at the April 23, 2007, city
council rneeting.
The only planning cornrnission itern to discuss was the Peterson Dental Clinic, 1670 Bearn
Avenue, Maplewood for a Land Use Plan Change - L(library) and OS(open space) to BC-
M(business cornrnercial rnodified), Zoning Map Change - F(farm residence) to BC-M(business
cornrnercial rnodified) and Conditional Use PerrnitTermination, which was passed by the city
council.
c. Mr. Yarwood will be the planning commission representative at the Special City Council
Meeting at the Maplewood Cornmunity Center on May 7, 2007, at 7:00 p.rn. This is a
public hearing to discuss the St. Paul's Monastery Redeveloprnent plan (2675
Larpenteur Avenue East) for a conditional use permit for a Planned Unit Developrnent
and a Preliminary Plat (Century Trails Cornmons).
Planning Commission
Minutes of 05-01-07
-25-
d. Mr. Walton was scheduled to be the planning cornrnission representative at the May 14,
2007, city council rneeting.
It's unknown at this tirne if any planning cornrnission iterns will be discussed. Cornrnissioner
Walton requested to trade dates with another cornrnissioner and because it was unknown if
there would be a need for a representative, he said he would cover the June 11, 2007, city
council meeting.
e. Cornrnissioner Walton volunteered to switch dates and will be the planning cornrnission
representative at the June 11, 2007, city council meeting.
Iterns to discuss include the Conditional Use Perrnit for Costco at the north side of Bearn
Avenue, west of the Bruce Vento Trail and the Conditional Use Permit Revision forthe Corner
Kick Soccer Center at 1357 Cope Avenue.
f. Update on the TH 49 rneeting.
Cornrnissioner Hess gave an update to the commission on the latest TH 49 rneeting he
attended at the Rarnsey County Public Works building in Arden Hills.
X. STAFF PRESENTATIONS
a. Third South Maplewood Study Area Meeting May 10, 2007, Carver Elernentary School
Mr. Roberts said everyone is invited to attend the Third South Maplewood Study Area Meeting at
the Carver Elernentary School frorn 7:00 to 9:00 p.m.
b. Annual Tour Date July 30, 2007.
Mr. Roberts said staff would like the cornmissioners to check their calendars for Monday, July 30,
2007, on their calendars. Staff will check with the city council to see if that date works. An
alternative date could be Tuesday, July 31,2007.
c. Next planning cornrnission rneeting date.
Mr. Roberts said the next planning cornrnission rneeting was scheduled for Tuesday, May 15,
2007. However, staff has scheduled the next planning cornrnission rneeting for MONDA y, Mav
21, 2007. to allow a hearing for the Capitallmprovernent Plan (CIP). This is because the CDRB
will be holding a joint rneeting with the Environrnental and Natural Resources Corn mission on
Tuesday, May 22,2007.
XI. ADJOURNMENT
The meeting was adjourned at 9:22 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
DATE:
City Manager
Ken Roberts, Planner
Pond Overlook
Furness Court, north of County Road D
May 15, 2007
INTRODUCTION
Project Description
Mr. Doug Andrus, representing Andrus Homes, is proposing to develop 10 town houses in a
development called Pond Overlook. It would be on a 1.9-acre site on a cul-de-sac on the north side
of County Road D, south of 1-694 and west of McKnight Road. Refer to the applicant's statement on
pages 22 and 23 and the maps on pages 24 - 32. A homeowners' association would own and
maintain the common areas.
Each building would have horizontal-lap vinyl siding, aluminum soffits and fascia and a stone veneer
on the front. In addition, each unit would have a two-car garage. (See the elevations on page 36
and the attached plans.)
Requests
To build this project, Mr. Andrus is requesting several city approvals including:
1. A change to the zoning map. This change would be from F (farm residence) to R-2 (single and
double dwellings) for the site. (See the property line/zoning map on page 27.)
2. A conditional use permit (CUP) for a planned unit development (PUD) for a 10-unit housing
development. In this case, the site would have a mix of styles of two-unit owner-occupied
town home buildings. Having a PUD gives the city and developer a chance to be more flexible
with site design and development details than the standard zoning requirements would normally
allow.
3. A preliminary plat for the town house lots and the lots for the comrnon area and an
infiltration/ponding area. (See the map on page 30.)
4. The design plans for the site, landscaping and buildings. (See the plans on pages 34 - 36).
DISCUSSION
Zoning, Land Use and Comprehensive Plans
The city has shown this site for single and double dwelling residential development (R-2) on the land
use map (see the land use plan map on page 26). Maplewood intends areas designated as
R-2 as areas for single dwellings, twin homes or duplexes of up to 5.4 units per gross acre.
Maplewood has zoned this properly F (farm residence). This zoning designation allows for farming
and for single dwellings.
The proposed development plan is consistent with the density allowed by the comprehensive plan
for the properly. Specifically, the 10 new units on the 1.9-acre site means there would be 5.3 units
per gross acre. This proposal would meet the density standards outlined in the Maplewood
Comprehensive Plan for this site. In addition, the proposed development density would be
consistent with the density standards recommended by the Metropolitan Council for housing in first-
ring suburbs. This is a good site for twin homes. It is on a collector street (County Road D) and
near a major collector street (McKnight Road), and near an arterial street (White Bear Avenue).
Zoning Map Change
To build the proposed town houses, Mr. Andrus wants the city to change the zoning map for the
site. These changes would be from F (farm residence) to R-2 (single and double dwellings). The city
intends F areas for farms and for single dwellings on 10,000-square-foot lots. For R-2 areas, the city
plans for single dwellings on lots of at least 10,000 square feet of area and for double dwellings on
12,000 square-foot lots.
Compatibility
Staff does not find a problem with this proposal in terms of cornpatibility and land use. The proposed
town houses would be near other medium and high-density housing to the west, would be on a collector
street and would be between a storm water pond and single dwellings. Developers will often build town
houses next to single dwellings. Recent examples of this are the Cottagewood project south of
Highwood Avenue and the Overview project near McMenemy Street. Another example is the New
Century Addition in south Maplewood. The developer, Robert Engstrom, is developing this
neighborhood with a mix of single dwellings and townhouses. There are rnany other examples in
Maplewood, such as Afton Ridge, Southwinds, Bennington Woods, Olivia Gardens and the Carriage
Homes of Maple Hills where this is the case.
Noise
This proposal, with its proximity to 1-694, raises concerns about noise frorn the freeway and its effect
on the future residents. To that end, the developer provided city staff with information about how
they propose to limit the noise on the interior of the new dwelling units through specific construction
techniques and building materials. (See the information about this starting on page 43.) The
developer also is proposing language for the neighborhood covenants about the noise and the
responsibilities of the city and the state about the noise (see the proposed language for this on page
49).
Property Values
The Ramsey County Assessor's Office has told us in the past that multiple dwellings adjacent to
single dwellings are not a cause for a negative effect on property values. If the owners properly
maintain their property, this development should not be detrirnental to the neighborhood. The
required annual review of the conditional use permit is a built-in safeguard to ensure that the city
council will regularly review this development.
Traffic Considerations
The city engineering department, in their project review starting on page 37, provided information
about existing and expected traffic in this area. To summarize, they do not expect the addition of ten
town houses in this area to exceed the traffic-handling capacity of County Road D.
2
PLANNED UNIT DEVELOPMENT (PUD)
Section 44-1 093(b) of the city code says that it is the intent of the PUD code "to provide a means to
allow flexibility by substantial deviations from the provisions of this chapter, including uses,
setbacks, height and other regulations. Deviations may be granted for planned unit developments
provided that:
1. Certain regulations contained in this chapter should not apply to the proposed development
because of its unique nature.
2. The PUD would be consistent with the purposes of this chapter.
3. The planned unit development would produce a development of equal or superior quality to
that which would result from strict adherence to the provisions of this chapter.
4. The deviations would not constitute a significant threat to the property values, safety, health
or general welfare of the owners or occupants of nearby land.
5. The deviations are required for reasonable and practicable physical development and are
not required solely for financial reasons."
The applicant has applied to the city for a conditional use permit (CUP) for a planned unit
development (PUD) for the 10-unit housing development. They have requested a PUD to allow the
project to have deviations and more flexibility with site design and developrnent details than the
standard city requirements. These would include having a variety of setbacks, having the town
houses on smaller lots than code usually allows (in area and in width) and having a narrower publiC
street right-of-way (50 feet instead of 60 feet) for the new street.
The developer is proposing a small lot around each town home unit. A homeowners' association
would own and maintain the rest of the land, including the private driveways, water services and the
landscaped/green areas. Exchanging the common land for larger lot sizes would not change the
location, design or number of units in this development. It is the contention of the applicant that the
proposed site design details and code deviations meet the findings in the city code for approval of a
PUD.
City staff agrees with the applicant that the development as proposed (shown on page 30), with the
proposed code deviations, would produce a development of equal or superior quality, that the
proposals do not constitute a threat to the area and that the deviations are required for reasonable
and practicable developrnent of the site. Having private driveways with reduced town house
setbacks will allow for more common area around each building.
Density and Lot Size
As proposed, the 10 units on the 1.9-acre site means there would be 5.3 units per acre (an average
of 8,276 square feet per unit). This is consistent with the density standards in the comprehensive
plan for double dwelling residential development and is well above the 6,000-square-foot minirnum
lot area that the city requires for each unit in a double dwelling. Having a lot under each detached
town house unit will allow the developer to sell each unit individually. For a comparison, the
comprehensive plan allows developments with single dwellings to have up to 4.1 units per gross
acre. As such, on a 1.9-acre site, there could be up to 7 single-family homes.
3
Preliminary Plat
The project plans show the lots being 32 to 42 feet wide and ranging in size from 2,562 square feet
to 2,823 square feet in area. The average proposed lot size would be about 4,000 square feet.
These lot sizes are typical for what Maplewood sees for each unit in town house developments.
If the city approves this proposal, then the developer will be forming a homeowners association with
documents (declarations) specifying the legal responsibility of the association and homeowners for
maintenance of the units and common grounds.
City Engineering Department Comments
The city engineering department has been working with the applicant's engineering consultant and
the City of North Saint Paul in reviewing this proposal and plans. The comments of Michael
Thompson of the Maplewood Engineering Department are in the attachment starting on page 37.
Public Utilities
There are both sanitary sewer and water in County Road D to serve the proposed development. The
City of North Saint Paul supplies the water to this part of Maplewood. As such, they also will need to
approve the utility plans for the development. There is city storm sewer in County Road D in this
area.
Drainage Concerns
The grading plan shows the developer using a new storm water pondlinfiltration basin on the north
side of the site near 1-694 within the proposed development to control the storm water. The
applicant's engineer has designed the site, with the new pond, to accommodate all the storm water
from this site from a 1 OO-year storm.
It is not clear to city staff if the MnDot pond west of this site has an outlet. If it does not have an
outlet, then the applicant will have to provide the elevation of the pond in the event of back-to-back
1 OO-year storms. The city requires the lowest floor opening of structures adjacent to a no-outlet
pond to be at least five feet above the high-water level or two feet above the emergency overflow
elevation (depending on the site characteristics).
The developer's engineer told me that by using the proposed pond as storm water detention
facilities, the development would not increase the rate of storm water runoff from the site. That is,
the runoff leaving the site will be at or below current levels. The city should require that the
applicant's grading/drainage plan ensures the runoff from his project will not increase the storm
water flow onto any adjacent land. The developer's engineer will need to provide the city engineer
with information and calculations showing that this project will not increase the amount of storm
water running off of the site.
Drainage and Watershed District
This site is in the RamseylWashington Metro Watershed District. They did not have any rnajor
concerns about the proposed plans. It is important to remember that the applicant or the contractor
must get a permit from the watershed district before starting grading or construction. That is, the
watershed district will have to be satisfied that the developer's plans will meet all watershed district
standards.
4
The developer also will need to get a MnlDOT drainage permit since the outlet for the new basin
would route water onto the 1-694 right-of-way and then into the pond to the west of the site.
Tree Removal/Replacement
As proposed, the applicant's contractor would grade most of the property to prepare the site for
construction. The proposed plans show the developer saving seven large trees (elm, fir, maple and
ash). The applicant is proposing to plant at least 39 trees (including maple, ash, Black Hills spruce
and Austrian pine) with his plans.
As proposed on the preliminary landscape plan (page 34), the developer would plant 39 trees on the
site. These include a mix of 12 Black Hills spruce and 5 Austrian pine along the north and south
property lines and ash, maple and birch trees within the site.
The city recently adopted a new tree preservation and replacement code. In this case, if the
developer is to follow and implement the proposed plan, the new code requires the planting of 377
caliber inches of trees. They are proposing to plant 116.5 caliper inches of trees. The developer has
prepared a statement and some thoughts about the tree code and how it would affect this site and
the project. His comments about this are on pages 50 and 51. The city engineering department has
reviewed the tree and planting plans. They have included comments about this plan in their review
comments starting on page 37.
For comparison, the old city code would have required the developer to have at least 10 trees per
acre on the site. For this 1.9-acre site, that code would have required there be at least 19 trees on
the property after the construction is complete.
Landscaping/Screening
As proposed, the developer would plant 39 trees, shrubs around the buildings, and install a pond on
the site (that will need landscaping). (See the landscaping plans on pages 34 and 35.)
The proposed project plans show the contractor keeping a few of the existing trees along the east
side of the site. As I noted above, the developer would plant 39 larger trees in the development.
These include 12 spruce, 5 pines and a mix of ash, birch and maple trees. The landscape plan
(page 34) and the detailed plan on page 35 also show the proposed plantings near the sidewalk and
the entrance of each unit. These will include spirea, junipers and day Iillys.
While the landscape plan is a good start, the developer should add more trees in two primary areas.
These additional trees would be for screening along the south side of the site and along the north
side of the site. The purpose of these additional plantings is to screen the new town houses from
the freeway to the north and to screen this site from County Road D to the south.
As for the northwest (near the pond) and south side of the property, planting trees in these areas
would improve the looks of the site and should help screen the new town houses from County Road
D. The applicant should revise the landscape plan to show additional trees in these areas so they
provide screening and so they are consistent with Maplewood ordinance standards (for size and
height). In addition, the applicant needs to provide the city engineering department with a detailed
landscape plan for the pond. The project engineer also should show this detail on the final project
landscape plans. The plantings proposed around foundations of the units and in the proposed detail
areas should remain on the plan. In addition to the above, all yard areas should be sodded (except
for mulched and edged planting beds).
5
Design Review
Building Design and Exterior Materials
The proposed buildings should be attractive and would fit in with the design of the existing homes in
the area. They would have an exterior of horizontal vinyl siding, shingle-style siding on part of the
front elevation, a stone veneer on the fronts of the garages, and the roofs would have asphalt
shingles. There would be a mix of walkout and rambler units and each unit would have an attached
two-car garage. (See the proposed elevations on pages 36 and the attached project drawings.)
These buildings would be very similar to the town houses built by Masterpiece Homes in the
Overview and Gardens developments (just off McMenemy Street). Staff does not have any major
concerns about the proposed plans since this development will be on a cul-de-sac and would be
somewhat isolated. In fact, only the buyers of the town houses would be able to see the fronts of
most of the new buildings.
However, it is the opinion of staff that the builder could improve the look of the units by adding more
details to the exteriors. To this end, the builder should submit to city staff revised building plans and
elevations that show or include (but are not limited to) the colors of all materials, any shutters,
window grids, the style and color of the balcony railings, and that provide more detail about the
stone accents. The elevations also should show that the town houses will have tones of beige-
colored vinyl siding and either brick or stone accents and wainscoting on all of the front elevations
(not just on the garage fronts).
The community design review board noted in 2001 concerns about "snout-designed" homes. These
are dwellings that have garages as the dominating street-side feature. The proposed townhomes
have this design. The community design review board may want to have the developer change the
proposed designs or add features to the buildings to lessen the impact of the garages. This could
include additional landscaping in front of the dwelling parts of the buildings, adding covered front
porches, enhancing the design of the garage doors or adding decorative light fixtures next to the
garages and entrance doors.
Site Lighting
The applicant's plans for the development show the installation of one streetlight on the east side of
the cul-de-sac to provide lighting along the new street. The city engineer requires all new streetlights
to be consistent in style and height with other streetlights in the city. The project plans, however, do
not show any detail about the height or style of the pole or about the proposed lighting on the
buildings. In addition, the plans should show a streetlight at the intersection of County Road D and
Furness Place to help with traffic safety.
Parking
It should be noted that the city allows parking on one side of 28-foot-wide streets and along both
sides of streets that are 32 feet wide. In this case, the developer should construct the new street 28
feet wide and then the city would allow parking along one side of the new street (probably the east
side). There is not room on the site to add off-street parking within this development.
6
Other Cornments
Police Departrnent
Lieutenant Kevin Rabbet! of the Maplewood Police Department did not note any public safety
concerns with this proposal.
Fire Marshal
Butch Gervais, the Maplewood Fire Marshal, reviewed the project plans. He wants the city to make
sure the cul-de-sac is large enough for proper snow rernoval and for emergency vehicle access.
The proposed cul-de-sac meets the minimum size standards the city uses for cul-de-sacs so the
proposed design should not be an issue for the fire department.
Building Official
David Fisher, the Maplewood Building Official, provided staff with the following comments:
1. The contractor will need to construct the units to the current building code.
2. The developer should provide the city with a noise study to verify that the proposed units will
meet the state noise standards.
3. The developer should verify that there are no environmental issues.
7
RECOMMENDATIONS
A. Approve the resolution on page 52. This resolution changes the zoning map for the Pond
Overlook plat on the north side of County Road D and west of McKnight Road. This change is
from F (farm residence) to R-2 (single and double dwellings). The reasons for this change are
those required by the city code and because the owner plans to develop this property with
double dwellings.
B. Approve the resolution starting on page 53. This resolution approves a conditional use permit
for a planned unit development for the Pond Overlook development on the new cul-de-sac on
the north side of County Road D (on the property now known as 2161 County Road D). The
city bases this approval on the findings required by code. (Refer to the resolution for the
specific findings.) Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped April 19, 2007, except where the city
requires changes. Such changes shall include:
a. Revising the grading and site plans to show:
(1) Revised storm water pond designs as may be suggested or required by the
watershed district or city engineer. The pond shall rneet the city's ordinance
standards.
(2) The developer minimizing the loss or removal of vegetation and large trees. This
shall include keeping and protecting as many of the large trees as possible along the
east side of the property.
(3) The street (Furness Court) must be at least 28 feet wide to allow parking on one
side.
The city council may approve major changes to the plans. The city planning staff may
approve minor changes.
2. The proposed construction must be substantially started within one year of council approval
or the permit shall end. The council rnay extend this deadline for one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes noted in Michael Thompson's memo dated May 11,
2007, and the plans shall include:
a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree
preservation/replacement, and parking plans. The cul-de-sac bulb shall have the
minimum radius necessary to ensure that emergency vehicles can tum around.
b. The following changes for the storm sewer plans:
(1) The developer or contractor shall install a four-foot-high, black, vinyl-coated
chain-link fence at the top of the retaining wall.
(2) Provide for staff approval a detailed storm water rnanagement plan.
8
4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the
approval of the city engineer. The developer shall be responsible for getting any needed off-
site pond and drainage easements, if applicable.
5. The developer or contractor shall:
a. Complete all grading for the site drainage and the pond and meet all city requirements.
b.*Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris, junk or fill from the site.
d. Get a demolition permit from the city for the removal of the existing house from the
property. This removal shall include all foundation materials, concrete and other related
materials frorn the site.
e. Provide the city with verification that the town houses as proposed will meet the state's
noise standards. This shall be with a study, testing or other docurnentation. The
contractor will have to build the town houses so that they can rneet the noise standards.
The contractor or builder may accomplish this with thicker walls, heavier windows,
requiring air conditioning or other sound-deadening construction methods. The
developer shall provide the city with this documentation before the city will issue a
building permit for the town houses.
6. The approved setbacks for the principal structures in the Pond Overlook PUD shall be:
a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet,
maximum - 35 feet
b. Front-yard setback (public side street): rninimum - 30 feet, maximum - none
c. Rear-yard setback: 20 feet from any adjacent residential property line
d. Side-yard setback (town houses): minimum - 20 feet minimum between buildings.
7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing
unit at the time of the building permit for each housing unit.
8. The city council shall review this permit in one year.
C. Approve the Pond Overlook preliminary plat (received by the city on April 19, 2007). The
developer shall complete the following before the city council approves the final plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage and public street construction and meet all
city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
9
c. Provide all required and necessary easements. This shall include any off-site easements
and ten-foot drainage and utility easements along the front and rear lot lines of each lot
and five-foot drainage and utility easements along the side lot lines of each lot.
d. Have Xcel Energy install Group V rate streetlights in at least two locations. One light
shall be at the intersection of County Road D and the proposed street (Fumess Place)
and the second near the north or east end of the street near the cul-de-sac. The exact
style and location shall be subject to the city engineer's approval.
e. Pay the city for the cost of traffic-control, street identification and no parking signs.
f. Cap, seal and abandon any wells that may be on the site and remove septic systems or
drainfields, subject to Minnesota rules and guidelines.
g. Demolish or remove the existing house and driveway from the site, and remove all other
buildings, fencing, trailers, scrap rnetal, debris and junk from the site.
2.* Have the city engineer approve final construction and engineering plans. These plans shall
include grading, utility, drainage, erosion control, driveway, tree, and street plans. The plans
shall meet all the conditions and changes listed in the memo from Michael Thompson dated
May 11, 2007, and shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information for each building site.
The lot lines on this plan shall follow the approved preliminary plat.
(2) Contour information for all the land that the construction will disturb.
(3) Building pads that reduce the grading on site where the developer can save large
trees.
(4) The street and driveway grades as allowed by the city engineer.
(5) All proposed slopes on the construction plans. The city engineer shall approve the
plans, specifications and management practices for any slopes steeper than 3: 1.
On slopes steeper than 3: 1, the developer shall prepare and implement a
stabilization and planting plan. These slopes shall be protected with wood fiber
blanket, be seeded with a no-maintenance vegetation and be stabilized before the
city approves the final plat.
(6) All retaining walls on the plans. Any retaining walls taller than four feet require a
building permit frorn the city. The developer shall install a protective rail or fence on
top of any retaining wall that is taller than four feet or as may be required by the city
engineer.
(7) Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
10
(8) No grading beyond the plat boundary without temporary grading easements from
the affected property owner(s).
(9) Emergency overflow swales as required by the city engineer or by the watershed
district. The overflow swales shall be 10 feet wide, one-foot deep and protected
with approved permanent soil-stabilization blankets.
(10) The drainage areas, and the developer's engineer shall provide the city engineer
with the drainage calculations. The drainage design shall accommodate the run-off
from the entire project site and shall not increase the run-off from the site.
(11) As little grading as possible east of the proposed cul-de-sac and town houses. This
is to keep as many of the existing trees on this part of the site as is reasonably
possible.
c.* The tree plan shall:
(1) Be approved by the city engineer or environmental manager before site grading or
final plat approval.
(2) Show where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
(3) Show the size, species and location of the replacernent and screening trees. The
deciduous trees shall be at least two and one half (2 %) inches in diameter and
shall be a mix of red and white oaks, ash, lindens, sugar maples or other native
species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix
of Austrian pine, Black Hills spruce and other species.
(4) Show no tree removal beyond the approved grading and tree limits.
(5) Include for city staff a detailed tree planting plan and material list.
(6) Group the new trees together. These planting areas shall be:
(a) near the ponding area.
(b) along the north and south sides of the site to help screen the development
frorn the freeway to the north and from County Road D to the south.
(c) Along the east side of the site to help provide screening of the new
constructions from the homes to the east.
(7) Require the developer to replace any trees that die within one year of planting. The
size and species of the new trees shall be subject to city staff approval.
d. The street, driveway and utility plans shall show:
(1) The street (Furness Place) shall be a 7-ton design with a maximum street grade of
eight percent and the maximum street grade within 75 feet of all intersections at
two percent.
11
(2) Water service to each lot and unit.
(3) The street with continuous concrete curb and gutter except where the city engineer
decides that it is not needed for drainage purposes.
(4) The coordination of the water service locations, alignments and sizing with the
standards and requirements of the North Saint Paul utility department. Fire-flow
requirements and hydrant locations shall be verified with the Maplewood Fire
Department.
(5) All utility excavations located within the proposed right-of-ways or within
easements. The developer shall acquire easements for all utilities that would be
outside the project area.
(6) The plan and profiles of the proposed utilities.
(7) Details of the ponds and the pond outlets. The contractor shall protect the outlets
to prevent erosion.
e. The drainage plan shall ensure that there is no increase in the rate of storm-water run-off
leaving the site above the current (predevelopment) levels. The developer's engineer
shall:
(1) Verify pond, inlet and pipe capacities.
(2) Have the city engineer verify the drainage design calculations.
3. Pay the costs related to the engineering department's review of the construction plans.
4. Change the plat as follows:
a. Add drainage and utility easements as required by the city engineer.
b. Label the new street as Furness Place on all plans.
5. Secure and provide all required easements for the development. These shall include any
off-site drainage and utility easements.
6. Sign a developer's agreement with the city that guarantees that the developer or contractor
will:
a. Complete all grading for overall site drainage, rough grading, and the tOlerancing of the
public road and meet all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
7. Submit the homeowners' association bylaws and rules to the city for approval by city staff.
These are to assure that there will be one responsible party for the care and maintenance
of the common areas, any outlots, private utilities, water services, landscaping and
retaining walls.
8. Record the following with the final plat:
12
a. All homeowners' association documents.
b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots
or parcels in the plat that would create additional building sites unless approved by the
city council.
c. A covenant or association documents that addresses the proper installation,
maintenance and replacement of any retaining walls.
d. A covenant or deed restriction that prohibits any additional driveways (besides the new
street shown on the project plans) from going onto County Road D.
The applicant shall submit the language for these dedications and restrictions to the city for
approval before recording. The city will not issue a building permit until after the developer
has recorded the final plat and these documents and covenants.
9. The developer shall complete all grading for overall site drainage and shall rough grade and
tolerance the site to prepare for the public street and utility improvements. The city engineer
shall include in the developer's agreement all grading that the developer or contractor is to
perform before the installation of Furness Place as a public improvement project.
10. Obtain a permit frorn the Watershed District for grading.
11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA).
12. Obtain the necessary approvals and permits from MnDOT.
13. If the developer decides to final plat part of the preliminary plat, the city staff may waive any
conditions that do not apply to the final plat.
D. Approve the plans date-stamped April 19, 2007, (site plan, landscape plan, grading and
drainage plans and building elevations) for the Pond Overlook town houses on the new cul-de-
sac on the north side of County Road D west of McKnight Road. The city bases this approval
on the findings required by the code. The developer or contractor shall do the following:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Complete the following before the city issues a building permit:
a. Have the city engineer approve final construction and engineering plans. These plans
shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway
plans. The plans shall meet the following conditions and shall meet all the conditions
and changes noted in Michael Thompson's memo dated May 11, 2007.
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information for each home site.
The lot lines on this plan shall follow the approved preliminary plat.
13
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed
board or by the city engineer. A revised design for the storm water pond that
shows curves, rather than straight sides, for a more aesthetic design and
visual appeal. The pond, however, shall have the required storm water
capacity.
(d) Show all retaining walls on the plans. Any retaining walls more than four feet
tall require a building permit from the city and shall have a fence or some
other protective barrier along the top of the wall.
(e) Show the proposed street and driveway grades as allowed by the city
engineer.
(f) Show the drainage areas, and the developer's engineer shall provide the city
engineer with the drainage calculations. The drainage design shall
accommodate the run-off from the surrounding areas.
(g) Show details about the required fence by the pond including the materials,
gate, height and color. The contractor shall install the fence above the
retaining wall.
(3) The tree plan shall:
(a) Be approved by the city engineer or by the city environmental manager.
(b) Include an inventory of all existing large trees on the site and shall show
where the developer will remove, save or replace large trees.
(c) Show the size, species and location of the replacement trees. The
coniferous trees shall be at least eight feet tall and shall be a mix of Black
Hills spruce and Austrian pine.
(d) Be consistent with the approved grading and landscape plans and shall
show no tree rernoval beyond the approved grading and tree limits.
(4) The street, driveway and utility plans shall show:
(a) A water service to each lot and unit.
(b) All private driveways to the units at least 20 feet wide.
(c) If the developer wants to have parking on one side of the new street, then it
must be at least 28 feet wide.
(d) The developer or contractor shall post one side of the street with "no
parking" signs to meet the above-listed standards.
(e) The new street labeled as Furness Place and County Road D labeled on all
plans.
14
(5) The design of the ponding area shall be subject to the approval of the city
engineer. The developer shall be responsible for getting any needed off-site
utility, grading or drainage easements and for recording all necessary easements.
b. Submit a certificate of survey for all new construction and have each building staked by a
registered land surveyor.
c. Submit a revised landscape plan to staff for approval that incorporates the following
details:
(1) All lawn areas shall be sodded. The city engineer shall determine the vegetation
within the ponding area.
(2) The addition of trees along the north and south sides of the site.
(3) The developer shall install landscaping in the ponding area that will be attractive
and will promote infiltration. Such landscaping shall be approved by the city
engineer or city naturalist and shall be shown on the project landscape plans.
(4) Having in-ground irrigation for all landscape areas (code requirement).
(5) The plantings proposed around the front of the units shown on the landscape plan
date-stamped April 19, 2007, shall remain on the plan.
(6) A concrete walk from the driveway to the door of each unit.
(7) The manicured or mowed areas from the natural areas. This shall include planting
(instead of sOdding) the disturbed areas around the ponding area with native
flowering plants and shrubs and trees. The native flowering plants, shrubs and
trees shall be those needing little or no maintenance. The developer shall have
the contractor seed the natural areas with an upland mixture and lowland mixtures
as is appropriate.
(8) In addition to the above, the contractor shall sod all front, side and rear yard
areas (except for rnulched and edged planting beds and the area within the
ponding area).
(9) The contractor shall restore the County Road D boulevard with sod.
(10) Adding more evergreen trees (Black Hills spruce or Austrian pines) along the north
and south property lines of the site. These trees are to be at least eight feet tall,
and the contractor shall plant these trees in staggered rows to provide screening
for the developrnent.
(11) Shows the in-ground lawn-irrigation system, including the location of the sprinkler
heads.
(12) It shall be approved by the city engineer or by the city environmental manager
before site grading and shall be consistent with the approved grading and
landscape plans.
d. Show that Ramsey County has recorded the final plat for this development.
15
e. Get the necessary approvals and permits from the watershed district.
f. Have the North Saint Paul utility department approve the proposed utility plans.
g. Present to staff for approval colored building elevations and building material samples
of all elevations of the town houses. These elevations should show that the town
houses will have tones of ivory and beige-colored vinyl siding and either brick or stone
accents on the entire front elevation. These elevations also shall show that the entire
front elevations would have a wainscot of brick or stone.
h. The developer or builder will pay the city Park Access Charges (PAC fees) for each
housing unit when they get the building permit for each unit.
i. Submit the homeowners' association bylaws and rules to the city for approval by the city
staff. These are to assure that there will be one responsible party for the care and
maintenance of the common areas, the private utilities, water services, landscaping and
any retaining walls.
j. Obtain the necessary approvals and permits from MnDOT.
k. Provide the city with a letter of credit or cash escrow for all required exterior
improvements. The amount shall be 150 percent of the cost of the work.
3. Complete the following before occupying each building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards and sod all turf areas.
c. Complete all landscaping and turf irrigation for that building.
d. Install the paved driveway to each unit.
e. Install a reflectorized stop sign at the exit onto County Road D and addresses on each
building for each unit. In addition, the applicant shall install "no parking" signs within the
site, as required by staff.
f. Install and maintain all required landscaping (including the plantings around each unit
and around the pond) and an in-ground sprinkler system for all landscaped areas (code
requirement).
g. Install on-site lighting for security and visibility that follows the approved site lighting
plan. The light fixtures must have concealed lenses and bulbs to properly shield glare
from the adjacent street right-of-ways and the nearby homes and residential properties.
h. Install additional trees along the north, east and south property lines of the site where
the proposed or existing vegetation would not screen the town houses from the existing
roadways and dwellings to the east. These additional materials are to strive to ensure
that there will be at least a six-foot-tall screen on these sides of the site. The location,
design and materials of the additional landscaping shall be subject to city staff approval.
16
i. The developer or contractor shall:
(1) Complete all grading for the site drainage, complete all public improvements and
meet all city requirements.
(2) Place temporary orange safety fencing and signs at the grading limits.
(3) Remove any debris or junk from the site.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or
welfare.
b. The above-required letter of credit or cash escrow is held by the city for all required
exterior improvements. The owner or contractor shall complete any unfinished
landscaping by June 1 of the next year if the building is occupied in the fall or winter,
or within six weeks of occupancy if the building is occupied in the spring or summer.
5. All work shall follow the approved plans. The city staff may approve minor changes to the
project plans.
17
CITIZENS' COMMENTS
City staff surveyed the owners of the 18 properties within 500 feet of this site and the owners of the
properties along County Road D to McKnight Road. The city received one reply to our survey.
Cornments
1. Thank you for sending rne the information about the proposed housing development on County
Road D. My wife and I have no problems with what is proposed as long as it does not end up
being low-income housing. We will look forward to sitting in on the city council meeting when it is
scheduled. (Huebel- 2191 County Road D)
18
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 1.9 acres
Existing land use: A single dwelling
SURROUNDING LAND USES
North:
South:
West:
East:
1-694
Bruentrup Farm across County Road D
MnDOT storm water pond
Single dwellings along County Road D
PLANNING
Existing Land Use Plan designation: R-2 (single and double dwellings)
Existing Zoning: F (farm residence)
Proposed Zoning: R-2 (single and double dwellings)
Findings for Rezoning
Section 44-1165 of the zoning code requires that the city council make the following findings to
rezone property:
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 econornical
extension of public services and facilities, such as public water, sewers, police and fire protection
and schools.
Criteria for Conditional Use Permit Approval
Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. (See
findings 1-9 in the resolution starting on page 53.)
Ordinance Requirements
Section 2-290(b) of the city code requires that the community design review board make the
following findings to approve plans:
1. That the design and location of the proposed development and its relationship to neighboring,
existing or proposed developments and traffic is such that it will not impair the desirability of
19
investment or occupation in the neighborhood; that it will not unreasonably interfere with the use
and enjoyment of neighboring, existing or proposed developments; and that it will not create
traffic hazards or congestion.
2. That the design and location of the proposed development is in keeping with the character of the
surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive
development contemplated by this article and the city's comprehensive municipal plan.
3. That the design and location of the proposed development would provide a desirable
environment for its occupants, as well as for its neighbors, and that it is aesthetically of good
composition, materials, textures and colors.
HOUSING POLICIES
The land use plan has eleven general land use goals. Of these, three apply to this proposal. They
are: minimize land planned for streets, minimize conflicts between land uses and provide many
housing types. The land use plan also has several general developrnent and residential
development policies that relate to this project. They are:
- Transitions between distinctly differing types of land uses should not create a negative economic,
social or physical impact on adjoining developments.
- Include a variety of housing types for all types of residents, regardless of age, ethnic, racial,
cultural or socioeconomic background. A diversity of housing types should include apartments,
town houses, manufactured homes, single-farnily housing, public-assisted housing and low-to-
moderate-income housing, and rental and owner-occupied housing.
- Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate
buffering and separation.
The housing plan also has policies about housing diversity and quality that the city should
consider with this development. They are:
- Promote a variety of housing types, costs and ownership options throughout the city. These are
to meet the life-cycle needs of all income levels, those with special needs and nontraditional
households.
- The city will continue to provide dispersed locations for a diversity of housing styles, types and
price ranges through its land use plan.
The city's long-term stability of its tax base depends upon its ability to attract and keep residents of
all ages. To do so, the City must insure that a diverse mix of housing styles is available in each
stage of the life cycle of housing needs.
Application Date
We received the complete applications and plans for this development on April 19, 2007. State law
requires that the city take action within 60 days of receiving complete applications for a proposal.
As such, city action is required on this proposal by June 17, 2007, unless the applicant agrees to a
time extension or if the city extends the tirne for approval.
20
p:sec35-30/Pond Overlook - May 2007.mem
Attachments:
1. Applicant's Statement
2. Stte Photographs
3. Location Map
4. Land Use Plan Map
5. Property LinelZoning Map
6. Address Map
7. Site Survey
8. Proposed Preliminary Plat
9. Proposed Grading and Erosion Control Plan
10. Proposed Utility Plan
11. Tree Inventory Listing
12. Proposed Landscape Plan
13. Landscape Plan Details
14. Proposed Building Elevations
15. Engineering Department Comments dated May 11,2007
16. Applicant's Noise Study dated March 15,2007 (David Braslau)
17. Page 13 of proposed covenants (Paragraph 7.13)
18. Applicant's Tree Replacement Comments
19. Zoning Map Change Resolution
20. Conditional Use Permtt Resolution
21. Project Plans date-stamped April 19, 2007 (separate attachments)
21
Attachment 1
ANDRUS
HOMES
2440 Charles Street N" Suite 210
North St. Paul. MN 55109
651-777-0111
Fax 651-777-0999
andrusbuilt.com
~-;q-07
Dear Planning Commission and Council Members:
Please find enclosed a plat layout for a P.D.D. that we are proposing at 2161 County
Road D. The layout is for a ten-unit townhome development consisting of one-level
townhomes with full basements. We have been in contact with the city planners and
engineers and have drawn several different layouts; and this one seems to work the best
using the natural grade of the land for the buildings, water runoff and road design while
saving as many trees as possible.
I am requesting a zoning change from F (Farm Residential) to R-2 (Double Dwelling) for
the property located at 2161 County Road D. As shown on the City land use map, the
City has planned this property to be R-2; the proposed development would be consistent
with what the City has planned for the property.
The property now has a modular home on it, enough parked cars to start a used car lot,
and there is miscellaneous junk allover the property.
I feel this small townhome development, which is marketed to seniors, will only enhance
the neighborhood in the following ways:
1) Very attractive-looking homes from the exterior (nice curb appeal).
2) All units nicely landscaped with a sprinkler system to ensure green lawns.
3) Association-maintained grounds to ensure constant upkeep.
4) Marketed to senior residents who take pride in their homes and make great
neighbors.
In addition, these townhomes will help the senior residents who live in Maplewood now
to be able to sell their existing home and buy an affordable one-level townhome and be
able to stay in Maplewood.
I am enclosing a blueprint of the units I plan to build; each unit is 1,148 sq. ft. on the first
floor with a full basement. My goal is to build an affordable one-level townhome for the
senior residents of Maplewood, who are tired of the upkeep on their home, want to sell
APPLICANT'S STATEMENT
22
their eXlstmg home in Maplewood and buy an affordable one-level townhome in
Maplewood.
I have done several small townhome developments like this in the past; and what we have
found out is that no matter community you are in, the senior people that want to move to
a one-level townhome have two top priorities:
I) To stay in the same community that they have lived in for all of their adult
life;
2) To be able to sell their existing home and be able to purchase a one-level
townhome for the same price or less without having to dip into their
retirement funds; if they have to kick in extra money, the majority of the
people cannot afford to do so.
Based on information from the Regional Multiple Listing Service of Minnesota, Inc., for
the year 2006 the average selling price of homes in the MaplewoodINorth St. Paul area
was $238,968. I believe that we can market these townhomes between $229,000 -
$239,000, which would make them very affordable for the average senior resident of
Maplewood to be able to sell their home and buy a new one-level townhome without
dipping into their retirement funds and also being able to stay in the community.
Thank you for taking the time to review the proposed plan.
Sincerely,
Doug Andrus
ANDRUS HOMES
DA:id
Enclosures
23
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GRADING AND EROSION CONTROL PLAN
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TREE INVENTORY ...
...for'" ANDRUS HOMES
2440 Charles Street North
North st. Paul, MN 55109
Tele: (651) 777-0111
Attachment 11
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SHOWING 'fREES 10 &E REMOVED
TREE DETAILS
Tree's loe::rl.ed In field by E.G. Rud &. Son's" Lend Su~y on January
2+th. 2007. Mandy Muslelewl=: from Vernix Forestry Con$Ultcntn
togged the \roe's In fleld and created the below troo ilst. Tree
dlamErlenl and tree species are shown on the Inventory sheel:.
Vernix roresty Ph/Fo:c (783) 767-114-2
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BEIiICHMMIK:
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Top Nul of Hydranl located on the north sIde of County Rood
D. appro::cimately 822.:!: feet wesl of the southwest comer of
surveyed property. Hydrant is located adjacent ta Harbor
Polnte Office Condominiums. Elevation "" 9saS9 (NGVO 1929)
NOTES:
Fleld survey was c:omplet~d by E.G. Rud and Sons, Inc. on December
20, 2006.
Beerings shown ore on - an assumed datum.
Curb shots ore token at the top and bock of ClJrb.
This survey I'!CS prepared without the benefit -of title work. Additlanat
easements, restrIctions and/or encumbrances: may exlst other than
those shown hereon. Survey sub je'ct to revision upen receipt of a
current title commitment or an attorney's title opinion.
Property description is from a Wt:;lITOflty Dee<! doled January 8. 1998,
recorded January 15, 1998 as Documeflt Ne. .3035108.
VlClNIT'l_
(NO SCALE:)
MAPlEWOOD, MM
PROPERTY IIESCRlmOM:
The west 296 feet of the Southwest Quarter of the Southeast Quarter
of the Southeast Quarter .of Section 35, Township 30, Range 22,
Ramsey County, MInnesota, except that port as oquired by the State
of Minnesota by Warreny Deeds recorded as Document Nos. 1680181
and 16B016~
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TREE INVENTORY LISTING
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lNFILTRATION IlASlII:
l)Seed entire aree orlnnltretlon bDslnwllh MnOOT 330
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PROPOSED LANDSCAPE PLAN
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LANDSCAPE PLAN DETAILS
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Attachment 15
Page lof6
Ene:ineerine: Plan Review
PROJECT: Pond Overlook (2161 County Road D)
PROJECT NO: 07-12
REVIEWED BY: Michael Thompson (Maplewood Engineering Department)
SUBMITTAL NO: 2 (Concept review on 2/8/07)
REVIEW DATE: 5/11/07
Introduction
The applicant, Doug Andrus, is proposing to develop the 1.9 acres (approx.) site at 2161 County
Road D with five two-unit townhomes. The proposed development would be accessible by a new
public street cul-de-sac. The applicant has already petitioned the city to construct the public road
and extend utilities into the site. The city is moving forward with the planning for the public
improvements for this project. Their final approval and installation will be contingent upon city
approval of the applicant's requests for rezoning, preliminary plat, and PUD. The developer is
proposing to create a homeowners association for the PUD that would maintain items such as
landscaping, water service lines, retaining walls, and fences.
Public Street
1. The submitted project plans should not contain detailed utility information within the
proposed public right-of-way (This is because city staff would be doing all of the design in
the public right of way, and the design layout ofthe public street and utilities is not know at
this time. For example, the project plans show water main extension but this will not be
allowed by North St. Paul as stated below). Tentatively, the public street is planned to be 28
feet wide with an 84-foot diameter cul-de-sac for a safety turnaround (all measured face of
curb to face of curb). The submitted plans shall reflect these dimensions, not back of curb
dimensions. If this project moves forward, the design and layout will be provided by city
staff along with plan and profile sheets of the public street and utilities. The engineer's
project plans would have to reflect all as-built conditions of design and layout of the public
design portion once completed.
2. The City of North St. Paul has jurisdiction over the water main in this portion ofthe city.
For this proposal, they will not allow the extension of the watermain. Rather, the contractor
will tap water services into the watermain in County Road D and extend them to the right-
of-way line of the proposed public street. All water services within the right-of-way would
be the responsibility of the homeowners association. There is a fire hydrant located at the
southeast comer of the property that would adequately provide fire flows for the
development according to the City of North St. Paul officials. The distance from the
existing hydrant to the furthest proposed structure would be 380 feet. The Maplewood Fire
Marshal, via e-mail, stated that the existing hydrant is fine to serve the proposed
development.
37
Page 2 of6
Drainage Calculations
1. The proposed rate of runoff into the MnlDOT right-of-way, from the infiltration basin, must
be at or below existing rates for the existing 2, 10, and 100 year events.
2. To meet volume reduction and storm water treatment requirements, the project must
infiltrate at least I-inch of storm water on-site for all impervious areas added to the site such
as road surface, roofs, and driveways.
Ponding & Infiltration
1. The contractor shall install the rock sumps within the proposed infiltration basin and the
detail sheet in the project plans shall include City Plate No. 116, revised January 2007.
2. The project engineer shall show a IS-foot wide maintenance access path from the cul-de-sac
to the infiltration basin on the plans. The path shall be clearly called out the project plans
and shall extend to a suitable location to enter the basin; not to the retaining wall. It appears
the existing maintenance path would be located between buildings 6 and 7 where the storm
pipe and emergency overflow path are located. The public drainage and utility easement
shown dedicated throughout lot 11 is not wide enough for the maintenance path in this
location. It appears Block 1, Lot 6 and 7 encroach upon this area. The city will require a
IS-foot wide drainage and utility easement over the centerline of pipe, and again Block 1,
Lot 6 and 7 encroach upon this area.
3. During the staff review of the plans, city staff discovered that the bottom of the proposed 4-
foot retaining wall on the south side of the infiltration basin is at an elevation of 946.00 and
the high water level (HWL) was found to be at 947.50. This is not acceptable. The
contractor shall install all parts of all retaining walls above the high water level.
4. Given the two comments above; city staff is concerned that this site may be too tight and is
currently not conducive in providing:
. the IS-foot wide maintenance access path to a suitable location to enter the
infiltration basin for maintenance purposes
. the IS-foot wide clear drainage and utility easement width over the centerline of
drainage pipe
. an adequate area for the infiltration basin without the use of extensive retaining walls
The developer or project engineer shall address the above concerns to make the site
acceptable to city staff. Option may include shifting units, adjusting unit sizes, or perhaps
eliminating a unit or two.
5. If the MnlDOT pond is found to be a no outlet pond then the applicant shall provide the
elevation of the back-to-back lOa-year storm. The lowest floor openings adjacent to a no
outlet pond shall be 5 feet above the HWL or 2 feet above the emergency overflow
elevation.
38
Page 3 of6
Wetlands
1. The MnlDOT storm pond is listed on the city wetland classification map as a Class 4
wetland. The city requires a minimum 20-foot buffer with a 25-foot average (no disturb
area). The developer will have to ensure that all grading and construction will meet all
buffer requirements for the wetland. The Ramsey-Washington Metro Watershed District
may have additional comments pertaining to their classification and buffer requirements.
The wetland edge needs to be delineated and the delineation line shown on the project plans
along with the date of delineation and qualified delineator name.
Grading
1. Show a typical detail of the retaining wall on the project plans.
2. Soil borings have been performed by Braun Intertec and the report has been attached as part
of this review. Groundwater was not encountered according to the report.
3. The contractor shall excavate the infiltration basin to the final bottom elevation after
completing the major site grading. The contractor must take care to avoid compaction of
bottom area in order to avoid losing the infiltration characteristics of the soil. If the
infiltration basin does not perform as designed, it is the responsibility of the developer's
engineer and/or contractor to correct the problem. The city will withhold all escrow monies,
and may coordinate with the city building department to withhold certificate of occupancies
for buildings on the development site, until the proper functioning of the infiltration basin is
restored. The city will take over maintenance of the infiltration basin after a satisfactory
inspection to ensure its proper function. This is because public water from the public street
would be running into the basin.
4. Since the soils report found slow draining soils in the area of the infiltration basin from
elevation 945.5 to 948.0, the contractor will need to excavate and replace these soils with a
sand-compost mixture. Below the 945.5 elevation the soils report shows a much better
infiltrative material SM (silty sand) as defined in the Braun boring log profile. This soil type
typically infiltrates at a rate of 0.60 inches/hour.
5. The developer's contractor shall contact City of Maple wood Engineering Department for
inspection during infiltration basin construction and planting activities. Also, see Comment
1 under Landscaping (below).
Erosion & Sediment Control Plan
1. The plan shall identify erosion and sediment protection on slopes and sediment controls at
top and toes of slopes and base of stockpiles.
2. Identify the quantity of materials the contractor will be importing or exporting from the site
( cu-yd).
39
Page 4 of6
3. Describe measures (e.g...sediment basin) taken during the rough grading process to intercept
and detain sediment laden run-off to allow the sediment to settle and how the settled
stormwater will be de-watered and introduced to the downstream drainage system.
4. The two existing catch basins in County Road D, just west of the rock entrance pad, need to
have inlet protection devices installed with side inlet protection such as a WlMCO device or
approved equal. This is to prevent sediment from entering the storm sewer system. The
project engineer shall clearly call this out on the project plans.
5. Describe measures of on site dust control (i.e....water as needed) and provide a sweeping
plan for adjacent streets.
6. The following verbiage shall be added to the plan:
"Effective erosion and sediment controls shall be in place prior to any storm events. "
Failure to have measures in place during a storm event may result in the deduction of escrow
funds (the city requires the developer or contractor to post escrow prior to issuance of the
grading permit). The city will be ducting funds at the discretion of the city inspector upon
notice to the developer or contractor, ifthe improvements are not made.
Landscaping
1. According to the city naturalist, the city no longer allows the contractor to seed infiltration
basins due to a record of unsuccessful establishment. The project plans should clearly call
out trees, shrubs, and perennials that the contractor is to plant in the infiltration basin. The
city strongly recommends the use of native plants, especially on the bottom of the basin
where water-tolerant plants are required. The basin plantings should be low maintenance.
For further questions and information on plant species and planting density contact the city's
naturalist Ginny Gaynor in Public Works at 651-249-2400.
2. According to the new city tree replacement ordinance, the project plans shall account for a
total of 3 77 caliper inches. The developer tree plan shows 117 caliper inches being
replanted on the development site. This leaves 260 caliper inches unaccounted for. City
staff suggests applying more trees to the site and/or coordinating with staff on a revised tree
and shrub planting layout for the site to meet more closely the intentions of the new tree
replacement ordinance.
Agency Submittals
1. The Ramsey-Washington Metro Watershed District (Tina Carstens) must review and
approve the project plans.
2. Plans must be submitted to Mn/DOT for review and approval since drainage will flow into
the Mn/DOT right-of-way and into the Mn/DOT storm pond.
3. The City of North St. Paul will review all water related service extensions.
40
Page 5 of6
4. The applicant or project engineer needs to get a general stormwater permit needs to be
obtained from the Minnesota Pollution Control Agency (MPCA).
5. Submittals and approvals are not necessarily limited to those mentioned above.
Traffic
1. The city collected traffic volume and speed data in 2003 just west of the development site on
County Road D as tabulated below:
Average Daily Traffic (ADT) = 4,627 vehicles
AM Peak Hour Volume = 256 vehicles
PM Peak Hour Volume = 433 vehicles
Posted Speed Limit = 30 mph
8501 Percentile Speed = 40 mph (speed separating the slower 85% from the fastest 15%)
50th Percentile Speed = 35 mph (average speed of vehicles)
According to The Institute of Transportation Engineers (ITE), a townhome dwelling unit
generates 5.86 trips per day. For ten dwelling units, this would amount in 59 vehicle trips
per day of increased traffic on County Road D, approximately 1.3% ofthe existing total. In
addition, the proposed development would generate approximately 5 vehicles for both the
AM and the PM peak hour. This is negligible compared to the existing AM and PM peak
hour volumes of256 vehicles and 433 vehicles, respectively. The greatest peak hour traffic
of 433 vehicles plus the additional 5 vehicles per peak hour ofnew traffic equates to 438
vehicles per peak hour. On County Road D, this equates to about 1 car every 8.2 seconds
during the peak one hour period and a new average daily volume of 4,686 vehicles. To add
perspective; County Road D would still operate an acceptable level of service with a 300%
increase in peak hour volume and a 300% increase in average daily traffic from the existing
conditions. With these findings, the traffic levels on County Road D are now well below the
capacity ofthe road and the proposed development would have a negligible impact on the
existing County Road D traffic. For the analysis, it was assumed the units were not limited
to seniors, but the developer is proposing senior units, which generally can reflect a 30-40%
traffic reduction according to ITE.
2. According to as-built plans, County Road D has a width of 28- feet face of curb to face of
curb, with 6.5-foot (approx.) boulevard width sloped at 4% towards the street. There is
existing sidewalk and trail on the south side of County Road D, from White Bear Avenue to
about 350-feet west of the proposed development site, where a bituminous trail begins to
extend away from County Road D and extends south of the city farm and continues east to
connect to McKnight Road, approximately 41 a-feet south of County Road D. The city had
the trail built in 2002 when the city had County Road D reconstructed. There is no sidewalk
on the north side of County Road D between White Bear Avenue and McKnight Road.
41
Page 6 of6
Noise
1. The developer provided the city information about the estimated noise levels for the
development site as reference in the report prepared by David Braslau from David Bras/all
Associates, IncOlporated. For the year 2030, the predicted noise levels at the building sites
range from LIO (dBA) = 68.3 to LIO (dBA) = 76.4. For residential areas, the Minnesota State
Noise Standards for daytime (7 a.m.-l0 p.m.) is LIO (dBA) = 65; and LIO (dBA) = 55 for
nighttime (10 p.m.-7 a.m). Thus, the building units must provide noise reduction to be in
conformance with Minnesota State Noise Standards. LIO (dBA) is the sound level in
decibels which is exceeded ten percent of the time for a one hour survey.
The developer is proposing to reduce sound transmission in order to meet Minnesota State
Noise Standards by using special construction techniques for the building units in terms of
sound transmission class (STC). For example, wall construction would be proposed to meet
a STC of 52 because this sound reduction is needed to overcome the lower STC values of
windows and doors to achieve an STC 45. The STC of 45 would likely be provided for all
building units in order to reduce noise levels by LIO (dBA) = 40. The City's Building
Department would need to verify that building plans properly meet special construction
standards before issuing a building permit. The city encourages berming as a noise
reduction technique but this site is not conducive to berming since the property slopes down
towards 1-694 and there is a MnlDOT ditch that serves to transport and hold water along the
right-of-way line. In addition, new berming may impede the natural drainage flow from the
site into the MnlDOT right of way.
Miscellaneous
1. The developer or project engineer shall submit a copy of the MPCA's construction
stormwater permit (SWPPP) to the city before the city will issue a grading permit for this
project.
2. The owner and project engineer shall satisfy the requirements of all permitting agencies.
3. The developer shall coordinate with the city in provide lighting to the development. The
city will require a light standard at the intersection ofthe new street and County Road D and
one at the end of the cul-de-sac. The developer will need to coordinate this installation with
Xcel Energy when electrical service is extended into the site from the available 3-phase
overhead power lines on the north side of County Road D. Also, gas main extension into the
development site from the south side of County Road D will be coordinated with Xcel.
4. The city will prepare a developer agreement that will delineate private work from public
work if the city approves this project. For example, the city will require the developer to
rough grade the development site, construct the infiltration basin, and bring the proposed
public road within a 0.2-foot tolerance of final grade.
42
Attachment 16
davld br~ b aaaoclat;ea,lncorporat;ed
1313 5th str'eet S.e. . suite3E2 . minneapclis.mn55414
telephone: 812-331-4571 . fax: 812-331-4572
15 March 2007
MEMORANDUM
TO:
Doug Andrus
Andrus Homes
2440 Charles St. N. Suite 2 1 0
No. Sl. Paul, MN 55109
FROM:
David Braslau
Re:
Pond Lookout - Exterior Fa9ade Design to Mitigate Highway Noise
This memorandum addresses the exterior fa9ade design of homes proposed at Pond Lookout to
minimize the impact of traffic noise and comply with Minnesota noise rules.
Estimated Highwav Noise Levels
Noise levels were modeled using the same traffic assumptions used in our traffic assessment for
the 1-694 improvement from Rice Street to 1-35W. Distances from the east and west lanes were
based on information that you provided as well as highway cross sections and aerial photographs.
Traffic noise levels are estimated for the year 2030 but are only several decibels higher than
existing traffic since the projected increase in traffic volume is relatively moderate. The site
layout and unit numbers are shown on Exhibit 1. Predicted noise L 1 0 noise levels (levels
exceeded 10% of the peak hour) are shown in Table 1. The 6to 7 am sound levels, which fall
under the state nighttime period for noise, are similar to those shown in the table.
Table 1
Predicted Traffic Noise Levels (2030)
Unit LIO (dBA)
I 68.3
2 68.3
3 70.2
4 7\.9
5 75.3
6 76.4
7 76.4
8 76.4
An outdoor-indoor noise reduction of 40 dBA if the outdoor level L 1 0 level is greater than 70
dBA. An outdoor-indoor noise reduction 000 dBA is needed if the Ll 0 level is between 65 and
70 dBA.
c:\documenlS and scuings\administrator\local settings\tcmporary internet filcs\contcnt.ie5\hscOs7bk\andrus_0315 _mem.doc
43
Doug Andrus on Pond Lookout Exterior Fa9ade Design
15 March 2007
Page 2
STC values needed to meet a 40 dBA and 30 dBA noise reduction
Since the sound transmission loss for building elements is normally specified in terms of STC
(sound transmission class) which was developed for speech frequencies, an adjustment factor of
5 dBA is normally used to account for the lower frequencies associated with traffic noise.
Therefore, a building fa9ade with a 40 dBA noise reduction will need to have a composite STC
of 45, taking into account the relative areas of the wall, windows, and doors. A building fa9ade
with a 30 dBA noise reduction will need to have a composite STC of35.
Methodology for evaluating facade elements
The wall, window and door areas for rooms facing 1-694 were determined and used to estimate
the composite or overall noise reduction of each wall, based upon the STC of the wall, window
and door. A wide range of building elements were reviewed and analyzed, along with our
continuing discussions during this process. The recommendations below are the results of this
process.
Wall construction
The best construction identified for an exterior residential wall, for which STC data are available
(that does not require exterior brick, stucco, or resilient sound channels) is the following:
. Vinyl siding
. Two layers of 7/16" OSB
. Staggered 3.5" wood studs at 16" o.C.
. Fiberglass cavity insulation
. Two layers of 1/2" gypsum board.
This wall has a laboratory measured STC of 52. This level of sound reduction is needed to
overcome the lower STC values of windows and doors to achieve an STC 45. If an STC 35 is
required, a standard 2x6 wall with siding and gypsum interior could be used, although this
assessment has not evaluated alternative combinations with that type of wall. Using the same
good wall thoughout will ensure that the overall transmission loss can be achieved with available
windows and doors.
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44
Doug Andrus on Pond Lookout Exterior Fayade Design
15 March 2007
Page 3
Patio Doors (assuming an STC 52 wall)
The most effective option of providing outdoor access for doors facing the highway is the use of
a single swinging door with a storm. With some manufacturers providing swinging doors with
appropriate glazing that have an STC 36, addition of a stonn will bring this up to STC 40 or STC
41 which, with the STC 52 wall, will provide the needed overall STC 45.
Patio doors with an STC of28 to 30 could be used for units where the LIO level is below 70 dBA
which would include Units 1, 2, 9 and 10, and units 3 and 4 if a noise fence is used on the
highway facing side of the patio.
Windows
While window dimensions vary somewhat from room to room, it is recommended that windows
with STC 40 be used. Windows that provide an STC value within 1 or 2 dB of this value will be
satisfactory .
Other issues
In addition to good wall construction and high STC building elements, it is critical that good
building practices be followed such as caulking any potential sound leaks in the walls and around
window and doors, providing bends in any through-the-wall or roof vents to avoid direct sound
paths and enclosing fireplaces if used. Careful construction practices to ensure that pipes or
insulation in the exterior wall not touch both sides of the wall so as to compromise the
attenuation capability of the wall.
Thank you for the opportunity to assist with this project.
c:\documents and settings\administrator\local settings\temporary internet files\content.ie5\hseOs7bk\andrus_0315 _mem.doc
45
Doug Andrus on Pond Lookout Exterior Fa,ade Design
15 March 2007
Page 4
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Attachment 17
on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the
Association or any Owner or Occupant to the extent this Declaration or the rules or regulations
conflict with any codes, ordinances or laws, the more restrictive provision shall apply.
7.10. Alterations. Except for those made by Declarant in consideration of its initial sale of
a Unit, no alterations, changes, improvements, repairs or replacements of any type, temporary or
permanent, structural, aesthetic or otherwise (collectively referred to as "alterations") shall be
made, or caused or allowed to be made, by any Owner or Occupant, or their guests, in any part of
the Common Elements, or in any part of the Unit which affects the Common Elements or another
Unit or which is visible from the exterior of the Unit, without the prior written authorization of
the Board, or a committee appointed by it, as provided in Section 8 and without the prior written
consent of the City. Subject to the rights of the City pursuant to the PUD Agreement, the Board,
or the appointed committee if so authorized by the Board, shall have authority to establish
reasonable criteria and requirements for alterations, and shall be the sole
judge of whether the criteria are satisfied.
7.11. Time Shares Prohibited. The time share form of ownership, or any comparable form
of lease, occupancy rights or ownership which has the effect of dividing the ownership or
occupancy of a Unit into separate time periods, is prohibited.
7.12. Access to Units. In case of emergency, all Units and Limited Common Elements are
subject to entry, without notice and at any time, by an officer or member of the Board of
the Association, by the Association's management agents or by any public safety personnel. Entry
is also authorized for maintenance purposes under Section 9 and for enforcement purposes under
Section 14.
7.13 Land use by Adjacent Landowners. Owners understand that one of the uses of the
lands adjoining the Property is for the 694 freeway. Owners further understand that neither the
City of Maplewood nor the Minnesota Department of Transportation have any plans to put up a
sound barrier wall or any other type of barrier wall between the 694 freeway and the Pond
Overlook Property. Highway/freeway uses often produce sights, sounds, and smells that some
may deem undesirable in residential neighborhoods. Traffic operations take place between early
morning and late at night. Sights, sounds and smells may be present as a result of traffic,
weather, and road conditions. These are protected activities. Nothing in this instrument shall be
construed to give any Owner a right to assert any claim or lawsuit against the Declarant or any
neighboring landowner, including but not limited to the City of Maplewood and the Minnesota
Department of Transportation, arising from lawful use of the freeway, or as a result of any noise,
dust, sights and odors associated with freewaylhighway use.
SECTION 8
ARClITTECTURAL CONTROL
8.1 Restrictions on Alterations. Subject to paragraph 7.10 hereof; the following
restrictions and requirements shall apply to alterations on the Property:
13
49
ANDRUS
HOMES
Attachment 18
2440 Charles Street N.. Suite 210
North St. Paul, MN 55109
651-777-0111
Fax 651-777-0999
andrusbuilt.com
Tree Replacement
According to the new tree replacement formula, this two-acre site would need 377 inches
of tree diameter put back on the site. The tree replacement plan calls for trees that are a
minimum 2.5 inches in diameter that would translate into approximately 151 trees.
Depending on the species of tree, the install price would be between $200 - $400 for each
tree. If we took the average of $300 a tree, that would be a total of $45,300 for just trees
on this site, or $4,530 per home (10 townhomes).
The new tree ordinance does not take into consideration what type of zoning it is. For
example, if you take the same layout and put single family homes on the property, that
would give you five (5) homes at a cost of $9,060 per home of trees; or if the property
was zoned for apartments and you put a three-story apartment with 40 units, that would
work out to $1,132 per unit which seems more reasonable.
The new tree ordinance also does not take into consideration how large the parcel is.
This site works out to be $22,650 per acre. If this site was 10 acres with the same amount
of trees to be replaced, it would then work out to $4,530 per acre or $906 per unit as the
site is five times as large, thereby giving you five times as many units (10 x 5 = 50)
$45,300150 = $906.
And finally, the new tree ordinance differs from the old ordinance and the other city tree
ordinance in that you did not have to include the scrub trees you are removing, which
included Box Elder and cottonwood trees. These are trees no one wants in their yard nor
will the city let you plant them as a replacement tree. Yet the new tree ordinance makes
you count them. As I said in the beginning, according to the new tree ordinance I have to
replace 377 inches of diameter or roughly 151 trees. If I was not required to count scrub
trees, which I have 198.5 inches or Box Elder and 72.5 inches of Cottonwood for a total
of 271 inches using the new tree ordinance formula, the total caliper inches for
replacement would be 104 inches or 42 trees, 42 x $300 = $12,600 or $1,260 per unit
which seem fair.
As you can see from the examples above, I believe the new tree replacement plan needs
to take into account how large the parcel is and what type of zoning is it and also why
should you have to count scrub trees that everyone in the neighborhood are happy to get
50
rid of and the city will not let you plant, yet they count against you. The tree replacement
formula should be used as a guideline with each development looked at individually.
Most people wonder why developers cannot develop affordable lotslhomes; and the hard
facts are that land cost, engineering, and utility installation are all expensive; they cost
what they cost, and there is nothing we can do about it but requiring $4,530 per home in
just tree replacement (which is equal to 25 percent of the total road, sewer and water
installation per unit) makes it very hard to keep these homes affordable.
Sincerely,
Doug Andrus
51
Attachment 19
ZONING MAP CHANGE RESOLUTION
WHEREAS, Doug Andrus, representing the developer and property buyer, applied for a
change to the city's zoning map from F (farm residence) to R-2 (single and double dwellings).
WHEREAS, this zoning map change applies to property on the north side of County Road D
now known as 2161 County Road D East (PIN 35-30-22-44-0011.)
WHEREAS, the legal description of the property is:
The West 298 feet of the part lying Southerly of Highway 694 of SE Y. of SE Y. (subject to
Road), in Section 35, Township 30, Range 22. (PIN 35-30-22-44-0011).
WHEREAS, the history of this change is as follows:
1. On May 21, 2007, 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 June _,2007, the city council discussed the proposed zoning map 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.
5. The prospective owner is proposing to develop the property with double dwellings.
The Maplewood City Council approved this resolution on June
,2007.
52
Attachment 20
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Doug Andrus, representing Andrus Homes, applied for a conditional use permit
(CUP) for the Pond Overlook residential planned unit developrnent (PUD).
WHEREAS, this permit applies to property on the north side of County Road D now known as
2161 County Road D East (PIN 35-30-22-44-0011.)
WHEREAS, the legal description of the property is:
The West 298 feet of the part lying Southerly of Highway 694 of SE y., of SE y., (subject to
Road), in Section 35, Township 30, Range 22. (PIN 35-30-22-44-0011).
WHEREAS, the history of this conditional use permit is as follows:
1. On May 21, 2007, the planning commission held a public hearing. The city staff published a
notice in the paper 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 commission also considered reports and recommendations of the city staff.
The planning commission recommended that the city council _ the proposed permit.
2. On June _' 2007, the city council discussed the proposed conditional use permit. They
considered reports and recornmendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for public facilities or services.
53
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped April 19, 2007, except where the city
requires changes. Such changes shall include:
a. Revising the grading and site plans to show:
(1) Revised storm water pond designs as may be suggested or required by the
watershed district or city engineer. The pond shall rneet the city's ordinance
standards.
(2) The developer minimizing the loss or removal of vegetation and large trees. This
shall include keeping and protecting as many of the large trees as possible along the
east side of the property.
(3) The street (Furness Court) must be at least 28 feet wide to allow parking on one
side.
The city council may approve major changes to the plans. The city planning staff may
approve minor changes.
2. The proposed construction must be substantially started within one year of council approval
or the permit shall end. The council may extend this deadline for one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes noted in Michael Thompson's memo dated May 11,
2007, and the plans shall include:
a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree
preservation/replacement, and parking plans. The cul-de-sac bulb shall have the
minimum radius necessary to ensure that emergency vehicles can turn around.
b. The following changes for the storm sewer plans:
(1) The developer or contractor shall install a four-foot-high, black, vinyl-coated
chain-link fence at the top of the retaining wall.
(2) Provide for staff approval a detailed storm water management plan.
4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the
approval of the city engineer. The developer shall be responsible for getting any needed off-
site pond and drainage easements, if applicable.
5. The developer or contractor shall:
a. Complete all grading for the site drainage and the pond and meet all city requirements.
54
b.-Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris, junk or fill from the site.
d. Get a demolition permit from the city for the removal of the existing house from the
property. This removal shall include all foundation materials, concrete and other related
materials from the site.
e. Provide the city with verification that the town houses as proposed will meet the state's
noise standards. This shall be with a study, testing or other documentation. The
contractor will have to build the town houses so that they can meet the noise standards.
The contractor or builder may accomplish this with thicker walls, heavier windows,
requiring air conditioning or other sound-deadening construction methods. The developer
shall provide the city with this documentation before the city will issue a building permit
for the town houses.
6. The approved setbacks for the principal structures in the Pond Overlook PUD shall be:
a. Front-yard setback (from a public street or a private driveway): rninimum - 20 feet,
maximum - 35 feet
b. Front-yard setback (public side street): minimum - 30 feet, maximum - none
c. Rear-yard setback: 20 feet from any adjacent residential property line
d. Side-yard setback (town houses): minimum - 20 feet minimum between buildings.
7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing
unit at the time of the building permit for each housing unit.
8. The city council shall review this permit in one year.
The Maplewood City Council approved this resolution on
2007.
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Ken Roberts, Planner
City Tour
May 14, 2007
INTRODUCTION
The Planning Commission should start the planning of their annual tour of the city.
DISCUSSION
The first matter the commission should decide is the date of the tour. Typically, the planning
commission holds the tour from 5:30 - 8:30 on an evening in mid-summer. In reviewing the
calendar and the meeting schedules of the commission, council and CDRB, I would suggest that
the commission hold the tour on Monday July 30, 2007.
At the May 1, 2007, meeting, the commission appeared to agreed with the date as suggested by
staff. Holding the tour in July will maximize the amount of daylight that would be available.
Secondly, the commission should decide on the format of the tour. In recent years, we have
driven by many sites with little time for comment or discussion at those locations. After a recent
tour, several of the commission members suggested that having fewer sites while allowing more
time at those sites would be useful. Please be ready to discuss your preferences for this year's
tour.
Finally, the commission should let staff know of any sites they want to include on the tour (if we
tour in Maplewood). We usually try to visit sites that we know have upcoming proposals, where
construction has started or where the contractor recently finished the site work. Examples for this
year include the Gladstone area, the Saint Paul Tourist Cabins site on Frost Avenue, Legacy
Village on County Road D, the Highway 61/County Road D/Beam Avenue area (including the
Troutland Development and the former Countryview Golf Course) and the area along Century
Avenue from Larpenteur Avenue to Holloway Avenue (including the Priory and the MnDOT land).
I have attached a first draft of possible tour sites for the commission members to consider.
RECOMMENDATIONS
A. Confirm the date of July 30, 2007 as the date of the annual tour.
B. Review the attached list of tour sites to:
1. See if I have included the sites that are important to you.
2. Determine if there are any other sites that you would like to include on the tour.
kr/PC/pctour - 2007
Attachment - Proposed Tour List
2007 COMMUNITY DEVELOPMENT TOUR
July 30, 2007
FIRST DRAFT OF SITES
1. Leave from City Hall
2. Hillcrest Village Redevelopment Area (White Bear and Larpenteur Avenues): This area was one of
the Metropolitan Council's smart growth alternative sites. This area was studied by the
Metropolitan Council for pedestrian friendly redevelopment in conjunction with the cities of
Maplewood and St. Paul. The City of Maplewood recently added a new mixed-use zoning district
to the city code and implemented it for this area in February 2004.
3. Mounds Park Academy (2051 Larpenteur Avenue) The city approved plans in May 2004 for the
school to tear down two houses on Larpenteur Avenue, to expand and reconfigure their front
parking lot and entrance and to add a large gym (fieldhouse) facility on the north side of the
building. The school completed the parking lot and entrance work in 2004 and completed the
gym/fieldhouse project in 2006.
4. 5-8 Tavern and Grill (2289 Minnehaha Avenue) The owners rernodeled the old Beaus Food and
Spirits Restaurant in 2002 to create the 5-8 Tavern and Grill. Improvements included interior and
exterior remodeling, parking lot expansion, and a new covered deck for outdoor dining. On July
10, 2006, the owners received city council approval to tear down the house to the east of their
existing parking lot to expand it to the east. They finished this project in the fall of 2006.
5. 3M Leadership Development Institute (LDI) (2350 Minnehaha Avenue): In 2005, Maplewood
approved a CUP and the project plans for 3M to construct an 83,000-square-foot LDI and
customer center on the south side of Minnehaha Avenue, just east of the Wells-Fargo building.
The contractor finished the construction of this project in September 2006.
6. 3M Data Center Building - (3M Building No. 277 on Conway Avenue): This two-story, 56,861-
square-foot building is for cornputer and data processing equipment for 3M.
7. Afton Ridge Town houses (Lower Afton and McKnight Roads): This development has 40
condominiums in four buildings on a 4.22-acre site.
8. Cottagewood town house site (2666 Highwood Avenue) In 2006, the city council approved plans
for 15 detached town houses on a new private cul-de-sac.
9. Ponds of Battle Creek Golf Course (Century Avenue and Lower Afton Road): Ramsey County
owns and operates this nine-hole golf course. The driving range opened in 2003, and they
opened the golf course in 2004.
10. Century Avenue Reconstruction - Lake Road to Brookview Drive (scheduled for 2008 - 2009)
Ramsey and Washington Counties, along with Woodbury and Maplewood, are planning for the
reconstruction and widening of Century Avenue. This project will include a signal system at the
intersection at Lower Afton Road, a center median, dedicated turn lanes and a new bike path.
11. Ramsey County Correctional Facility (297 Century Avenue South)
12. Maplewood Nature Center (7111 Street) (Dinner Break??)
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13. Summerhill Senior Housing (935 Ferndale Street North) In the fall of 2004, Maplewood approved
the plans of Nichols Development for a 44-unit senior cooperative building for the 2.2-acre site
called Summerhill of Maplewood. Transfiguration Church and School sold the property to Nichols
Development in 2004 and the contractor recently finished the new building. The building has three
stories, 66 underground parking stalls, 12 surface parking stalls, and 14 proof of parking stalls.
The developer will be selling the units as a cooperative in which residents buy a share of the
building and pay a monthly carrying fee, until the eventual sale of their unit.
14. Saint Paul's Monastery and Priory Redevelopment (Century Trails Commons - 2675 Larpenteur
Avenue)
15. Hill-Murray High School (2625 Larpenteur Avenue): The school added a chapel on the west side
of their school in 2002 and added a new driveway and parking on the east side of the school in
2006.
16. Maplewood Fire Station Number 2 (1955 Clarence Street) - (Box Dinner Break??)
17. Gladstone Neighborhood (English and Frost Avenue)
18. Gladstone Savanna (Frost Avenue)
19. The Shores Senior Housing Development (former Saint Paul Tourist Cabins site) (940 Frost
Avenue)
20. Arcade Street bridge at Spoon Lake - In 2002, the county had the bridge over the channel at
Spoon Lake reconstructed.
21. Maple Leaf Ridge Office Condominiums (2475 - 2495 Maplewood Drive)
22. Hmong American Alliance Church (2515 Maplewood Drive) In 2003, the city approved plans for
the conversion of the former industrial building/warehouse into a church.
23. Maplewood Toyota (2873 Maplewood Drive)
24. Car Max Auto Sales Site (NE Corner Highway 61 and Beam Avenue)
25. New County Road D (Highway 61 to Hazelwood Street) The city in 2006, in cooperation with
Ramsey County and MnDOT, built a new County Road D from Hazelwood Street to Highway 61.
26. Costco - (Country view Drive and Bearn Avenue) - Costco is planning a members-only warehouse
store with fuel sales for the eastern part of the former Country view Golf Course.
27. Legacy Village and Heritage Square (County Road D and Kennard Street) (Any walking?) The
city approved a large, mixed-use PUD for the 82-acre site in July 2003. The approved plan has a
mix of land uses including retail, office, senior housing, rental town houses and for-sale town
houses. The city worked closely with the developer on the design of the street and storm water
systems for this project and for the area as a whole, including the extension and improvernents for
County Road D and for Kennard Street.
28. Kennard Professional Building (3100 Kennard Street (at Legacy Parkway). The city approved an
office building on the northeast corner of the roundabout as part of the Legacy Village PUD. In
2005, the city approved the final plans for the Kennard Professional Building in this location. The
contractor completed the 45,732-square-foot, two-story medical-office building in 2006.
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29. Legacy Village Sculpture Park (Legacy Parkway) (Possible stop and walking)
30. Peterson Dental Clinic (1670 Beam Avenue - former Ramsey County Library)
31. New Walgreen's Store (NE Corner of White Bear and Beam Avenues)
32. Pond Overlook Town house site (2161 County Road D)
33. Bruentrup Farm (2170 County Road D) - The city issued a building permit in 2004 for a new
storage garage with public restrooms and a concession area for the farm. The city and the
Historical Commission are now working on a restoration and safety upgrade plan for the barn.
34. Mendota Homes town houses - Chisholm Court and County Road D - In 2003, the city approved
plans for a private cul-de-sac with a total of 26 town houses on 5.2 acres.
35. Chesapeake Retail Center (3091 White Bear Avenue) (Buffalo Wild Wings, Jared Jewelers) In the
spring of 2004, the city approved plans for the redevelopment of the former Maplewood Movies I
theater site at 3091 White Bear Avenue. This redevelopment project has a TGI Fridays, a Jared
Jewelers, a Buffalo Wild Wings and multi-tenant retail building on the 4.98-acre site.
36. New Ramsey County Library (3025 Southlawn Drive) In February 2006, the city approved a
request of Ramsey County for the construction of a new library in Legacy Village. The library is
located in the southwest corner of Legacy Parkway and South lawn Drive in the Legacy Village
planned unit development (PUD). The library has 34,000 square feet in floor area, 1,600 square
feet of which would be a coffee shop by a private vendor. The coffee shop would have a drive-up
window for in-car service. The contractor completed the library in March 2007.
37. Mapletree Town houses (2811 - 2827 Southlawn Drive) - This development will have nine town
houses in three, three-unit buildings.
38. Back to City Hall
2007 PC Tour Sites list (1)
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