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HomeMy WebLinkAbout07/17/2007 MAPLEWOOD PLANNING COMMISSION Tuesdav. July 17, 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 June 19, 2007 5. Public Hearing 7:00 The Shores Senior Housing Development (941 Frost Avenue) Land Use Plan Change (R-3M (residential medium density) to G-H (Gladstone - High)) Street right-of-way vacation Public easement vacation Preliminary Plat Conditional Use Permit for Planned Unit Development 6. New Business City Code Amendment - Planning Commission 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations June 25 Council Meeling: Mr. Desai (Mr. Roberts) July 9 Council Meeting: Mr. Hess (Mr. Roberts) July 23 Council Meeting: Mr. Pearson July 30: Annual Tour August 13 Council Meeting: Ms. Fischer 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 19, 2007 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Present Present Present Present Present Present at 7:05 p.m. Absent Staff Present: Chuck Ahl, Public Works Director Bob Mittet, Finance and Administration Manager Ken Roberts, Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda. Commissioner Pearson seconded. Ayes - Desai, Fischer, Hess, Pearson, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for June 5, 2007. Commissioner Hess had a correction to the minutes on page 3, in the 11 Ih paragraph, before the last word in the paragraph it should read below qround tank. Chairperson Fischer had a correction on page 8, in the sixth paragraph, the second sentence should be rewritten to read She asked if thev have model ordinances reqardinq whether that is counted as net or qross acreaqe? CommissionerTrippler moved to approve the planning commission minutes for June 5, 2007, as amended. Commissioner Hess seconded. Ayes - Desai, Fischer, Hess, Pearson, Trippler Planning Commission Minutes of 06-19-07 -2- V. PUBLIC HEARING a. 2008 - 2012 Capital Improvement Plan (C.I.P.) (7:04 - 9:15 p.m.) Mr. Roberts said the city updates the Capital Improvement Plan (C.I.P.) each year. The Capital Improvement Plan is part of the Maplewood Comprehensive Plan. State law requires the planning commission to review all changes to the comprehensive plan. The purpose of this review is to decide if the proposed capital improvements are consistent with the comprehensive plan. Chuck Ahl, Public Works Director, went through the 2008-2012 Capital Improvement Plan with the commission. Mr. Ahl said this is an exceptional time to bid out road projects because bids have been coming in 25% below 2006 prices. The city hasn't seen prices this low since 1999/2000 which is due to the slow down in the housing market and contractors are eager for work. Contractors are operating below costs in order to maintain their business. Maplewood has looked at funding park improvement projects. New home construction is slowing down and Maplewood is getting built out therefore, park funds are low as the city sees a slow down in new development. Currently, when with new construction in Maplewood, the applicant is required to pay a PAC fund along with the building permit. The PAC fund for 2007 is around $3,000 and that money goes back into the park system. The fewer homes that are built mean less PAC funds that the city can collect. For a commercial development the PAC charge is 9% ofthe land value before improvements. Because of these facts there may be a need for another way to fund parks in Maplewood. A question to consider is should the city focus on funding trail conservation in Maplewood? This is a discussion the commission may want to have. Mr. Ahl said the Gladstone Redevelopment Area is in the plan but it will now be done in four different phases. Three years ago the city estimated it would cost about $6 million. Now the cost has risen to $15 million. When the city first started thinking about the Gladstone Area, even before the master planning process began, the city thought it was important to invest in streetscaping improvements and the Savanna. The city figured about $400,000 would be needed to invest in the Savanna. As the city got more involved with the figures the city discovered more work needed to be done. That cost has now risen to $900,000 including spending $750,000 on storm water improvements. The City of Maplewood is planning to spend $1.6 million on the Savanna. Three years ago the city was proposing to spend $400,000. The city has now extended the Gladstone Master Plan to include $600,000 of improvements from TH 61 and Frost Avenue to Hazelwood Street by the time the trails are put in. Additionally, in the C.I.P., the plan was for local developers to do the improvements and receive (TIF) money as part of the assessments. The city didn't show that in the original plan because those were assessments, but that probably should have been included in the C.I.P. This Gladstone plan is a complicated process. The city is now showing $15 million worth of updates in the Gladstone Area. There are a number of city projects that are being deferred. Fuel charges have increased. Much of the public works equipment needs to be replaced but has been deferred from the proposed CIP. The Legacy Village sculpture park and the Hillcrest Redevelopment Area have been deferred. In summary, the proposal is to spend nearly $87 million over the next 6 years. Two years ago, the city was to spend $64 million in the CIP, so this is a major change. Planning Commission Minutes of 06-19-07 -3- Mr. Ahl said 2008 has the largest expenditures proposed in the plan at $22 million. 76.3% of the proposed spending is Public Works projects, which is fairly typical. By 2012, the projected debt for the city would be $87 million should the C.I.P. be approved. What that means for the City of Maplewood is a charge of $2,209 per person, but because taxes aren't charged per person the numbers don't work out that way. Maplewood just went through a bond rating review and Maplewood is in the top 13% for bond ratings in Minnesota. The city council approved the sale of bonds June 11, 2007. One thing that Moody's Investors Services asks each city is, do you have a C.I.P., and is your city investing in its infrastructure. Maplewood has over $250 million worth of value that needs to be replaced. The reason Maplewood has such a good bond rating is because the city is investing in the community. Mr. Ahl said the next important thing is the ratio of debt to market value. That is how property taxes are considered. We all pay property taxes based upon market value. The state law is that you can't exceed 2% of your market value towards debt. The City of Maplewood is currently at 1.1 % and should the city council pass the C.I.P. plan at $87 million because of debt being retired and the way this is supported with other funds; that will decrease to 0.9%. That is the indicator that Moody's Investors Service looks at. That means this is reasonable for Maplewood to invest the increase from $64 to $87 million dollars and still not impact the taxes. Commissioner Trippler said since we already know that the City of Maplewood is 85% developed, it seems fairly obvious that even if the economy takes off again there is only so much space to build new structures. He said staff said the city council had talked about other forms of financing for the parks. He asked if staff could elaborate on that. Mr. Ahl said that has been discussed but that needs to be further explored. Most of the discussion has been amongst the Parks Commission. From the council's standpoint, the city could dedicate more money from the general fund. The discussion has come from many different directions and has been very spirited. Commissioner Trippler said there has been a policy change apparently from the City Manager's office, to move away from developing parks and to refocus any money that is available to the trails in the city. To him that sounds to him like a political decision that should be coming from the city council rather than from the City Manager's office. He asked if there had been anything in writing about this, or if this is a rumor? Mr. Ahl said that is something that should be discussed and that is shown in the C.I.P. From staff's standpoint, it's a direction the city has been looking at. City staff thinks it's appropriate for the planning commission as well as each of the other boards and commissions to comment on that idea. Share your comments with the city council regarding whether or not that is appropriate. If the commission feels this is an issue that needs to be brought forward to the council, they should discuss that. CommissionerTrippler asked if the idea to focus on trails rather than on the parks in the CIP was something that staff recommended to the City Manager or did the City Manager recommend it? Mr. Ahl said the reason for focusing on trails in the C.I.P. is that there was a change made to not focus on park reconstruction but in park city staff didn't request money for the trails in the C.I.P. Planning Commission Minutes of 06-19-07 -4- Commissioner Hess said on page 54 in the C.I.P. booklet it reads in addition to providing a west to east trail connection, the Public Works Department is proposing to complete the Bruce Vento Trail to the west paralleling Beam Avenue on the south side of the road from Beam Avenue to Highway 61. He said he thought there was a trail that crossed over Beam Avenue which is closer to Hazelwood Street. Commissioner Trippler said there is a bridge that crosses on the old railroad grade, west of Hazelwood Street, but not over Hazelwood Street itself. Years ago there was a large discussion regarding a road or a traffic barring bridge across Hazelwood Street in order to join together the north and south portion of northern Maplewood because there is a fire station on the north side and one on the south side of Hazelwood Street. The idea was the bridge would tie the two stations together if there was a need. However, the bridge would cost somewhere in the neighborhood of $3 million over a two-year period costing $6 million so they discontinued that idea. This request for money in the C.I.P. may be to have a pedestrian crossing over Hazelwood Street. Commissioner Hess said in the C.I.P. it said something regarding the extension of the Bruce Vento Trail from TH 61 to Highway 694 where it then stopped. He wondered where the Bruce Vento Trail would extend to at Highway 694. Mr. Ahl said the Bruce Vento Trail was already extended all the way to Buerkle Road in White Bear Lake in 2005 and it extends across Highway 694, so if that wording was in the plan, it should not have been. Commissioner Hess said maybe it was to link the trails together. Mr. Ahl said that would probably be correct. Commissioner Hess said page 17 is missing in his C.I.P. booklet. (Some commissioners had it and others didn't). He said he could get a copy of that page later if he needed it. Commissioner Trippler said the clerical staff may have had problems with the copier. Commissioner Hess said he couldn't remember if the city's debt ratio was a good or bad thing? Mr. Ahl said page 30 in the C.I.P. for 2008 the debt to market value without new debt would be 1.1 % and with new debt it would be 1.3%. In 2012 without new debt, it would be 0.4% and with new debt it would be 0.9%. Commissioner Hess asked staff if they knew if there was any money left in the state's $2 billion surplus for city's to use? Mr. Ahl said the $2 billion has already been committed as part of the recent legislative session. The way government funding works, the city borrows the money they need. Maplewood would have preferred to get money from the $2 billion surplus to help with costs. He said personally, he would have preferred to get funding towards transportation, but it didn't work out that way. Planning Commission Minutes of 06-19-07 -5- Commissioner Trippler said staff said during the presentation that bonds are a good deal. Personally, he views bonds as the coward's way of pushing your debt to the next generation avoiding having to pay for your fair share. He asked why staff believes bonds are the way to go? Mr. Ahl said everyone would love to have enough money so they didn't have to borrow money. However, bond debt indicates the city's ability in the way it operates, to have money available. The reason city's do financing through bond debt is that otherwise the city would have to raise Maplewood residents' taxes for future improvements in the city. Bond debt allows the city to do the improvements and charging the residents later after the improvement is done. Bond debt is used so property taxes are paid by those who benefit from the improvements. That's why with $24 million worth of special assessments, the city cannot go out and assess all the residents. $87 million isn't all tax debt, but it's against the goodwill of the city. If the residents forfeited on their city assessments the city would have to raise taxes in the city in order to pay for all the improvements. Right now the city has a 98% recovery rate on the city assessments. The city gives the residents 15 years to pay the assessment off and the city issues the debt. It's the ability for the residents to pay the assessment over time and have the benefit of the improvement being done. It isn't necessarily that debt is good; it's that the city recognizes the reliability and the need to invest funds in its infrastructure. In the 1990's the City of Maplewood didn't invest much in its infrastructure which has caused the city to pay for more street improvements recently thus acquiring more debt. Commissioner Trippler wanted to make it clear that he isn't opposed to capital improvements and keeping the streets in good condition, but establishing this debt isn't free either. There's a charge to the city to incur debt. He said you can relate the debt to running up credit card debt that the city has to pay for. Mr. Ahl said the bonds were recently sold at 4.25% and now the city can do over $10 million worth of improvements and the city will pay the money back at 4.25% a year. Commissioner Trippler asked how long the bonds are for? Mr. Bob Mittet, Finance and Administration Manager, addressed the commission. He said a portion of the bonds are issued in advance for state aid funds and those are done on a 4-year amortization and the general improvement is done on a 20-year amortization. Commissioner Desai said on page 9 of the C.I.P. booklet, forthe Five Year Capital Improvement Plan Projects for 2008, it says the cost would be $24,277,880. Commissioner Desai said he thought he saw in the PowerPoint presentation it said it would cost $22 million. Mr. Ahl said if in fact it showed $22 million in the PowerPoint presentation that was an error. The numbers on page 13 are correct in the booklet. Commissioner Desai said he understood how the Gladstone plan has come to where it is but when he heard that the Gladstone plan went from $6 million to $15 million; that figure more than doubled over a period of time. He asked whose responsibility it is in the city to go back and revisit the project to decide if the plan is cost worthy enough to pursue or if it should be revisited? Planning Commission Minutes of 06-19-07 -6- Mr. Ahl said when the first estimates were done for Gladstone, the city was looking at some of the public improvements necessary to make the overall project happen. Without knowing the full extent of what the city wanted to do, the city put money in the C.I.P. to do that. Mr. Ahl said he did those estimates not knowing everything the city was going to be involved in. Fully knowing that redevelopment doesn't build itself, however, not knowing the extent ofthe redevelopment, the city council eventually approved a master plan. Not knowing the types of improvements and the extent of the public improvement involvement, he thinks that's where staff missed the calculation. The city knew there would be some (TIF) Tax Increment Financing. The city didn't know how much TIF financing or if it would even be available. Right now there are a lot of improvements in the Gladstone plan for $15 million. Over $9 million are listed as assessments. He asked what gets charged to the property owners? $9 million is in the assessments to benefit the property owners. Three years ago when staff put the Gladstone estimates together staff looked at how much the city would have to take out of the coffers to invest and not assess the property owners. The city probably should've put that cost in the plan three years ago but it was the city's first extension into redevelopment and the city didn't know where things would end up going. Commissioner Desai said because the project is being done in phases and it could take a long time to get completed, the $9 million number could go up or down. He asked if that number was going to be realistic because if the housing market or new development slows down, and people aren't going to be interested in this plan the city could get stuck. What if the city spends the money for the street improvements and the city doesn't actually see the benefit of spending the money, then what does the city do? He asked if there was a plan to revisit this or if this was already a done deal and the city is going forward no matter what? Mr. Ahl said staff fully expects the Gladstone plan will be revisited on a regular basis. The city has received a $1.8 million grant to help pay for the costs of the first phase of this project. This process is difficult because you can't apply for grants until you have a plan. The plan is to do this project in four phases. Staff anticipates going after grants strongly. For right now the $15 million estimate is consistent with the Gladstone master plan. A developer may tell the city they are going to pay for all the improvements on their own. On the other hand, if the city has to pay for the improvements the city needs to be prepared with a plan. Commissioner Trippler said the city appointed the Gladstone Task Force and the task force worked on the Gladstone plan for 2 years. The plan was brought to the city with 850 units and the city council said that number was high and they decided on a number between 650 and 450 units. If the city council had backed up the task force plan with 850 units is it possible that the $15 million would have offset the cost may have to pay for would be a much smaller cost because of the higher unit count? Mr. Ahl said that's a difficult question to answer. When the original 850 units were proposed there was over $18 million worth of improvements proposed. One significant project that was eliminated was the beebo structure or bridge crossing structure which was $1.5 million and there were other projects that were deleted from the plan. The maximum number of units the city council decided on would be 650 units and the lower unit count was 450 units. The expenditures are so dependant upon the unit count for the city, the developer and the community. Everything depends on the housing market, the land, the location and the cost of the project. There aren't a lot of people investing in the housing market right now, other than the senior housing which affects this plan. Planning Commission Minutes of 06-19-07 -7- Over the next 20 years the metro area is projected to add a city the size of Maplewood every year. Maplewood is going to need all those housing units in our community. The city thinks the Gladstone plan will move forward. So to answer the question regarding the unit count at 850 helping this project to be self sufficient or not; it might have been cheaper for the city and it might not have been cheaper. It's just too dependant on the type of development and the market as it exists. Chairperson Fischer said on page 87 of the C.I.P., in the justification paragraph, it states the city council will review a high-density residential development for a 26-acre parcel of land. Chairperson Fischer said that had been included in previous C.I.P.'s and she asked if that project was done already? Mr. Ahl said yes, that was an error in the C.I.P. and that was missed in the editing process. Mr. Roberts added that the reference is for the first phase of the Beaver Lake Townhome project. Chairperson Fischer asked if the city had already collected PAC funds from that project? Mr. Ahl said yes. The PAC funds would be made available for this expenditure whether any more new housing units are built there or not. Commissioner Pearson said most of the land that is developable there would be high density apartments. That changes the formula when you would look at the PAC fund charges. Mr. Roberts said about 100 units could still be built on the vacant land near the Beaver Lake Townhomes are located. Commissioner Trippler said he had the opportunity to meet with Bob Mittet today and he compared the 2006-2010 C.I.P. and compared it to the 2008-2012 C.I.P. During the cut and paste process some omissions were left out in the C.I.P. booklet where paragraphs were copied from one document to another, dates weren't changed and numbers weren't changed which he shared with Bob Mittet. Commissioner Trippler said he found it interesting that the city council fired the previous City Manager, Richard Fursman, because the council thought he was such a bad City Manager but the new City Manager seemed to copy Richard Fursman's letter word for word from the previous C.I.P. except for changing the date. In the process he also made some mistakes. He said apparently the only thing the new City Manager is good at is copying other people's work and then taking credit for it. He also noted that the tables on page 20, 21,22, and 23 are all exactly the same and need to be updated in the C.I.P. booklet. On page 25, the last paragraph was lifted directly out of the 2006-2010 C.I.P. booklet, so that information needs to be updated. Pages 30-36 are out of place in the booklet. On page 30, in the first paragraph, third line, the year is incorrect; it shows 20012 and should be 2012. Another paragraph was copied out of the 2006-2010 C.I.P. booklet in the paragraph it states this was based upon the assumption that it would increase annually by 12.3% which is the same rate as it has increased over the past ten years. Commissioner Trippler said if you are a homeowner, you know your house didn't increase 12.3% last year. Planning Commission Minutes of 06-19-07 -8- Commissioner Trippler said on page 32, the market value taxable property difference in each of the years between 2008-2009-2010-2011 is 15.5% not 12.3%. So that table doesn't match up with what was said before regarding a rate of increase of 12.3%. If you look at the table in the 2006 C.I.P., the market values in the 2007 C.I.P. are lower than they were in the 2006 C.I.P. table. If the rate has been going up at 12.3% for the past 2 years that number should be 24% higher when in fact they are 2 or 3% lower, so that needs to be looked at. In the 2006 C.I.P. there was a paragraph about property tax levies to fund future park development projects. That has been dropped from the list. There was also a paragraph on the redevelopment fund account which has been dropped and he didn't know why. Both of those things are extremely important to the City of Maplewood. On page 78, in the justification paragraph, it states a proposed improvement is the installation of new electronic scoreboards for adult athletic softball fields. In a time when the city is trying to cut costs, does the city need an electronic scoreboard for softball? He said it looks like the nature trail was dropped on page 84, Projects located in Beaver Lake- Neighborhood #9 and he asked if someone could explain that? Mr. Ahl said from a staffing standpoint the nature center took some major hits in the overall budget. The city is looking at the overall survival of the Nature Center and whether its programs can continue within the community. The city is looking at the existing Nature Center with the goal of trying to refocus and refine support for growing that program. At this point in time the city is moving in that direction with a new environmental focus and environmental education task. The role for the nature center is to move within the non-degradation and storm water requirements to focus on that and try to become more involved in that. Over the years, the Nature Center has become funded with the Environmental fund rather than from a levy. It simply comes down to what funds are available. A funding decision was made to remove that consideration in order to have the Nature Center work towards the environmental focus and not looking to expand. Commissioner Trippler said on page 88, regarding the City Landfill Closure, the project was delayed from 2007 to 2010 due to funding limitations. He said it was his understanding that the Minnesota Pollution Control Agency required the city to close this landfill but that hasn't happened yet, how can the city ignore that request? Mr. Ahl said that is the total opposite of what is happening. The reason the work has been delayed is that the City of Maplewood received approval from the MPCA to continue capping the dump with street sweepings for the next 3 years. The city is following the closing program by not having to pay to dispose of the city's street sweepings. The city is doing that by keeping a cover on the material therefore, the MPCA has approved delaying this project until at least 2010. If the street sweeping program continues to be appropriately reviewed and good test results continue to come back, the city may be able to delay this expenditure even longer. The city's street sweepings haven't been a concern to the MPCA or haven't shown to cause a negative affect on wells to cause an alert. Commissioner Trippler asked if street sweepings are primarily sand anyway? Mr. Ahl said yes although it can include hazardous materials which the city typically has to pay to take to a dump. In most cases the materials in street sweepings have to be tested. Street sweepings are approved as cover material for landfills. Planning Commission Minutes of 06-19-07 -9- Commissioner Trippler asked if the city installed an impermeable barrier before they put the street sweepings down? Mr. Ahl said no. The city is just doing monitoring of the wells. Commissioner Trippler asked how the city minimizes infiltration through sand mediums? Mr. Ahl said there isn't a need for a barrier in this case. What the city is doing is as the landfill continues to decay and sink the city needs to keep cover over the material that is in there. There never was a plan to have an impermeable layer over the top. The sand is there to keep any debris from exposing as the landfill sinks over time. That is the closure. The money that is in the report is to line the creek in order to make sure the creek and anything from the landfill are not interacting. At this point test results show as long as the city can continue to keep the cover on the landfill, the city doesn't need to close this landfill. Commissioner Trippler said he worked for 12 years at the MPCA on the closed landfill program and he was involved with the closure of dozens of landfills. Every landfill the MPCA closed they put an impermeable cover on it because the last thing you want is infiltration into the landfill because that infiltration into the refuse simply leeches the contaminants into the groundwater. That's why he's confused as to why putting 10,000 square feet of sand overthe top of a landfill is an improved closure plan. It just doesn't fit with what he did while working with the landfill closure program with the MPCA. Mr. Ahl said he can'ttell CommissionerTrippler anything other than the MPCA has approved this plan. He understands Commissioner Trippler's expertise and knowledge but he assured the commission the city is doing everything according to the documents from the MPCA. Commissioner Trippler said he's happy the city is getting rid of their street sweepings without cost. He said he would call someone at the MPCA and find out what this is all about and that Mr. Ahl said by 201 0 the city should have enough cover on this landfill to meet the conditions that the city has agreed to and at that point if that coverage meets the MPCA conditions and closure criteria then maybe the city won't need to spend $275,000 to close the landfill. Mr. Ahl said this is a stabilization of the ditch that runs through the middle of the landfill. Yes, the city has a landfill with a drainage ditch running through the middle. This is also near Jim's Prairie. As long as they can keep stabilizing the landfill, the ditch doesn't get inundated with the waste material. Commissioner Trippler said thank you. Commissioner Walton asked about the Wetland Improvement Enhancement Program that is going to happen every year. He just wanted to say he is in favor of that. He wondered how that was different from the Environmental Utility Fee, if they are connected in anyway and if this was going to be mostly raingardens? Planning Commission Minutes of 06-19-07 -10- Mr. Ahl said the wetland enhancement program is two fold. On page 143 in the C.I.P. you will see that the program is entirely funded by the Environmental Utility Fee. We have wetlands that the city proposes to expand. In some cases the city will have to put in pretreatment structures in order to protect the wetlands. That provides wetlands an ability to thrive and it provides treatment the city needs to get back to the 1988 level of storm water. It won't be more raingardens. The city is going to be doing some fairly significant features. The city is facing major expenditures over the next five years in order to meet these requirements. The city is going to be looking at ways to infiltrate. One thing the city is working on is the Costco site. Underneath the Costco store, the parking lot will likely be a huge underground vault to store storm water so the city can slowly infiltrate it into the area. This area has a lot of clay and this will be a slow infiltration area. Porous pavement, pervious pavement, etc. The city is trying to retrofit existing improvements, which is a very expensive process. Commissioner Hess asked what Commissioner Trippler was referring to on page 30 regarding the 12.3% tax increase? Commissioner Trippler said if you look at the numbers on the table and you do the math, there is a 15.5% difference from one year to the next. Not 12.3% difference as stated in the C.I.P. Mr. Ahl said with the 12.3% increase you can't assume there won't be any new units. The 12.3% tax increase is on the base number. Any new units or new construction that comes up will add to that, which may be what happened when you did the calculation and the percentage is higher. Any new value that comes into the city doesn't get applied to that. We could debate if it's 12.3% or higher but don't forget the fact that the city has new value and new construction coming on board such as Carmax and Costco which is all new value. Commissioner Trippler said that makes things even worse than because if you look at the numbers in the 2006 C.I.P. those numbers are higher than the numbers shown in this table in the proposed C.I.P. So not only do you have the 12.3% increase but you have the new tax base so those things just do not match up. Mr. Ahl said Commissioner Trippler met with Mr. Mittet regarding that today so staff is sure Mr. Mittet will be paying close attention to that. Chairperson Fischer opened the public hearing up to the public. Peter Fischer, 2443 Standridge Avenue, Maplewood, addressed the commission. He said he was here Maplewood resident tonight. However, there were some questions that came up earlier and because of his insight serving on the Park's commission he would like to address as a Parks Commissioner. Regarding the trail on the south side of Beam Avenue, that was being proposed, as an original request that came to the Parks Commission and was incorporated into the C.I.P. A number of the residents that live in the Kohlman Lake Overlook area live on the lower half of the neighborhood and not on the hill. For them to access the Bruce Vento Trail those neighbors had asked to have a trail along the south side of Beam Avenue, which is also where the watershed district did their restoration project. Planning Commission Minutes of 06-19-07 -11- Mr. Fischer said when you come down to where the Bruce Vento Trail crosses Beam Avenue; there is an exit at the bottom of the south side of the road so if people wanted to connect to the Gateway Trail coming out of the Kohlman Lake Overlook area they would have to come that way. The reason it was being looked at was because for those residents to take the County Road D alignment, they would have to ride up to the top of the hill, go down the hill, cross over at County Road D, and go to the far end about 1 y" miles out of the way and come back down. Most people on a bike are going to take the shortest, quickest route. That's why that was put in the plan and he would advocate that be included as part of the packet. Originally, that request was in the park fund. He was looking at the park funds over the next five years and he didn't see that trail addressed so that needs to be looked at and considered, especially when everyone is talking about the strong push for trails in the city. Regarding the Nature Center expansion, the year's C.I.P. for 2006-201 0 was very detailed in the plan. The reason the Nature Center expansion was not done was there were several people who lived adjacent to the Nature Center who had expressed interest in selling their property to the Nature Center. However, during the later part of 2005 those people decided they were no longer interested and decided to put their property on the market so that was dropped from the plan. That was in a report by the former Parks and Recreation Director, Bruce Anderson that year. Regarding the Goodrich standards, he sees a duplication of that in the budget. When the Parks Commission talked about that this year, the commission discussed the backstops being replaced and that the Parks Commission may not go with the four field concept just because it's an awkward layout and the Parks Commission talked about other possibilities. He finds it curious to see the $300,000 is still in the plan. There is a new dollar amount to address the standards at Goodrich and Wakefield Park so there seems to be some duplication in this process. He said there aren't any staff members that still work at the city to speak to these things so he felt it was up to him to follow through. Mr. Fischer said the rest of his comments are based on being a Maplewood resident. He heard the comment made that this C.I.P. should be approved based on the Comprehensive Plan. The planning commission has an opportunity to make recommendations to the city council and should the question if this is in compliance or not? He would argue very strongly that this is not in compliance with the Comprehensive Plan. The Comprehensive Plan does not just cover the streets and the zoning, it also covers parks, trails, the Nature Center and the open spaces, etc. We have heard parks are going to be decreased by $2.1 million over the next 5 year period and that most of the projects are being dropped. There is also a list of projects that are being deferred. There was $500,000 worth of projects that were going to be done this year and are now deferred such as Lions Park where over time there is no playground equipment left there. That neighborhood has 1-94 to the south and the next park to the north is located at Gethsemane. The city does not own that land, the church does and the city is leasing the land from Gethsemane and the city will lose the playground equipment there. It's disturbing. He said at the Taste of Maplewood he asked the City Manager what was happening with the parks in the city. The City Manager said the city is going to be adding trails in the city. Mr. Fischer said he was having a difficult time finding line items showing where trails will be budgeted. When the city was going through the planning process for open space and parks in the Gladstone area the city was looking at doing a project that would cost $2 million and $400,000 would come out of the park funds, which was discussed at the July 11, 2005, city council meeting. They discussed having a special parks assessment that would go to fund the park development in that area so that it wouldn't drain the rest of the system within the city. He said he has brought this up with the city over the past few years and it seems to have fallen on deaf ears. Planning Commission Minutes of 06-19-07 -12- Mr. Fischer said the reason he brings this up now is that originally when the PAC charge was set at $3,000 a unit, in 2006 that was the average fee in the entire metro area. In fact a number of communities were over $5,000 per unit for PAC funds. This background information is important because when the city was looking at doing open space and parks in the Gladstone area at $2 million. At that it was decided they would have a special charge that would be levied on new units in that area somewhere between $1,000 and $3,000 per unit depending on what the final dollar amounts would be for redevelopment. They were looking at a bond and with bonding fees; by the time you take the bond out and pay the interest, the extra PAC charges collected that would be levied in that area would cover the parks, open space and carrying costs associated with it. So for citizens in the community, the developers would be paying the entire amount. Regarding the 650 units the city was looking at a cost between $1.3 and $1.8 million. That dollar amount is not reflected in the document and the financing tool is not in the document either. The planning commission has the ability to recommend continuing to pursue this. He said because his discussions have fallen on deaf ears he is very concerned that this information doesn't get lost in the process. Regarding the Gladstone Savanna project, the cost would go from $400,000 to $900,000 and this doesn't come close to accomplishing what was originally set out in that area. This was to be the centerpiece of the Gladstone community. In order for developers to come to Maplewood and pay those charges you need to grab the developer's attention with something that has eye appeal before the city can move forward with Gladstone. To do this project right, it would cost$1.8 million and once you get into the development process you can't go back and charge these fees, it needs to be addressed now. On page 9 in the C.I.P., only $350,000 of new money is going into a project. That has already been accounted for in the backstops and other parks project. He also discovered that was being allocated for the park improvement projects for the neighborhoods that don't have any playground equipment which came to $500,000 and those have been cancelled. That is how they plan on funding that next year. He sees no other way the $900,000 could be added in and that concerns him. The PAC fund is part of the plan the commission has in front of you. It shows what is expected for fees coming in and the PAC and SAC funds were charges for the next few years. Originally in the 2006-2010 budget, it was listed that there would be an additional park levy of $360,000 a year, which is about $1.8 million. He can understand that in the current climate in the city that extra taxes going out are not going to occur. He can understand why that would be deleted from the fund but that is a significant amount of money. The reason the city is not showing any fees coming in is because development is so slow coming into the city and Mr. Copeland told him the city can't count on that money. Planning Commission Minutes of 06-19-07 -13- Mr. Fischer said Mr. Copeland said if new development did come the city would prefer to take land instead of taking PAC fees. Mr. Fischer said he disagreed with Mr. Copeland on that. In the long range plan the city has you are looking at 1,900 new housing units coming in by the year 2025. That comes out to be 74 new units per year, which isn't a lot. But if you take the 74 new units and multiply that by the current PAC fee of $3,000 that equals $228,000 a year. To him that is not an insignificant amount. That adds up over time to equal $1.1 million which is significant. He has heard reference to the Gladstone area and the potential for 650 units. Within the next five years the city can assume something is going to happen with the Gladstone area. If you take the PAC fee and multiply that you get $1.8 million. He said all the sudden he's listed a substantial amount of money that certain individuals have said are inconsequential. He is disturbed by this and the fact that the city is looking at a budget that is proposing no new fees coming in over the next five years, when he just listed the potential of multi-million dollars available. It signals to him that instead of being pro parks and supporting park development, it looks like that is going by the wayside and being minimized. The city is looking at focusing on trails, but it looks like the city is letting the rest go by the wayside. Mr. Fischer said the reason this C.I.P. does not work well with the Comprehensive Plan is that parks are more than just trails. Parks covers open spaces, community centers, active parks and passive parks. He said he had a call this evening from the person who is in charge of the soccer association, who is very disturbed by the quality ofthe city's soccer fields and that the city doesn't have enough soccer fields and that the ones the city has are being beaten into the ground and are running into low quality. This was addressed at the last parks commission. A week ago a citizen complained to him asking why the city doesn't have more soccer fields throughout the community. All these concerns require funds. The city needs to reevaluate things because these things are not coming forward in the planning process. Then there is the question that came up at the planning commission meeting a few weeks ago. A caretaker of the Legacy Village apartment building asked where the playground is that was promised with the Legacy Village plan. The plan showed a sculpture park but also a playground area. The parks commission didn't know "what" the demand would be there. Now there are over 100 kids living there who are waiting for a playground in an area where there is no playground equipment or anywhere for kids to go play. This area is bound by high intensive areas on all sides of them. To him that playground should not be cut out of the plan. These are needs that are not being met. This is a safety issue for the children. Those are all issues that need to be addressed as part of the Comprehensive Plan. The needs aren't being met for the parks and are being cut from the plan. There are literally millions of dollars that the city has the opportunity to go after that is totally being missed in this process. He would encourage the commission to take a very strong look at this and make some suggestions and recommendations noting that the current proposal is not adequate and it does not meet the Comprehensive Plan as outlaid. The commission could make requirements to have these projects restored and the funds put back in the plan. He thanked the commission for their time. Commissioner Hess said regarding the trail extension that Mr. Fischer brought up earlier, on the south side of Beam Avenue, where is it being connected once the trail gets to Highway 61? Mr. Fischer said the parks commission had looked at coming down the side of the Kohlman Lake Overlook neighborhood. He doesn't know the area very well. One of the parks commissioner's, Craig Brennen, lives over there. He knows how to get to the intersection but questions getting from the intersection to the rest of the area. Beam Avenue changes dramatically. When you get west of TH 61 the traffic drops down substantially. The problem is when you cross TH 61 onto Beam Avenue, the traffic is so heavy, and being a biker and having traveled there, that is the last place he wants to ride in conjunction with the traffic. Planning Commission Minutes of 06-19-07 -14- Commissioner Hess said that's why he mentioned that. With no plan to cross there, currently the other crossing does go across Beam Avenue and probably would be the natural way to cross. Then the trail could go on the north side, even though it might not be as desirable, at least it still goes to TH 61. He said Mr. Fischer mentioned the lady that came to the planning commission meeting a few weeks ago, he also didn't notice anything in the C.I.P. regarding that playground and he thinks it's important for that to be reflected. Commissioner Trippler said he recollected that the developer had the responsibility of installing the tot lot in the area underneath the electrical wires but the city allowed the delay of that until there was a need. Mr. Ahl said the reason the Legacy Village playground equipment isn't in the C.I.P. is that the playground is already underway because there was money in the budget to do that this year. There were funds as part of the Legacy Village financing established which was non PAC fee money and hopefully that playground equipment will be installed yet this year. Because the city doesn't have additional expenditures it doesn't show up in the C.I.P. but that is being done. So is the construction of the Legacy Village lake links trail connecting Hazelwood Street over to Southlawn Drive which is under contract right now and will be constructed this year. There is money in an account which is developer funds that were set aside from the Legacy Village plan that isn't PAC money. The playground will be installed either this fall or for sure next year depending on how quickly the trail can be done. Chairperson Fischer said the process is grinding along slowly. Mr. Ahl said yes. Commissioner Walton said he lives behind the Maplewood Toyota dealership and it makes sense to have the trail go across County Road D for safety to cross TH 61. The intersection at TH 61 and Beam Avenue is a tough one to cross, the more trails the better. Commissioner Hess said he was thinking more of where the existing access goes across County Road D. Commissioner Trippler said he would agree that even if the city develops the 650 units that the council currently is supporting, his recollection of the Gladstone plan is that 2/3 or % of the units would not be single family, they would be town homes, or apartments, so you can't count on the full PAC fee of $3,000 per unit, you may be looking at $1,000 - $2,000 per unit. Mr. Fischer's points were well taken. There is a substantial amount of money that could be coming in for PAC resources. He said he brought this up with Mr. Mittet today. The city is already 85% developed and there is only so much space and so many units that can be added to the city. He asked Mr. Fischer if the Parks Commission has been discussing and making recommendations of alternative ways to fund the parks system in Maplewood? It seems fairly obvious that the PAC fee is only going to last so long and will run out soon. The city is going to have to find another source. Planning Commission Minutes of 06-19-07 -15- Mr. Fischer said the Parks Commission has talked about this over the past few years and when the Parks Commission talked to the city council the council felt it was important enough to have a property tax levy that would help fund the areas. That is something that was shown through time until this current year. So somewhere along the line, if the city is taking that radical departure. The current people in charge at the city were given some direction, at least informally, because if you are in charge of a major organization and you are going to make a large change in your city like this, you should be getting an idea if there is support for this idea or not so you don't get the idea shot down right away. In the past when this came up at the city council meeting the only councilmemberwho raised an objection was Will Rossbach. Mr. Fischer said he imagined there is support from the city council that there would be no tax levy at that point. He said having conversations with the Mayor they discussed the possibility of having a referendum at some point in time to help funding along the way and that was not well received because there is no support from the top - down. The answer is to get funding from the legislature and other areas. Mr. Fischer said talking with the legislature he was told by both Democrats and Republicans, why should the legislature support new playground equipment and parks equipment for Maplewood when the legislature won't do it for Edina. There have been attempts to get some funding, there are some limited funds that come through but not on an ongoing basis because other communities want the same thing and they have to keep things the same as they go through the process. Carolyn Peterson, 1801 Gervais Avenue, Maplewood, addressed the commission. She said the parks and trail systems are very important in Maplewood. She said the Parks Commission has discussed alternative funding and the Parks Commission has talked about doing a referendum, but a referendum can be a short term solution for certain things and then you look for other solutions. Trails are very important and people really use them and want the trails to connect. Recently there was a bike ride that started at the MCC and went around to the different parks and open spaces in Maplewood which was good. She isn't sure this is should be an either/or proposition to fund trails or parks. To her that isn't a good solution. The wisdom of letting your parks go can cause big problems down the line because if the parks start getting run down and then you go back to try and build them up again, you've got a much bigger problem rather than just maintaining the parks and trails along the way. Regarding the playground for the Legacy Village area, if you have ever walked under the power lines, you will find that your hair stands on end from the power of the power lines. When she brought this fact up to the Parks Commission they didn't believe it but at the next meeting Bruce Anderson, the former Park and Recreation Director, had gone out there and he said "you were right your hand does stand on end"! She didn't know if that was a safe place for a playground to be built. Even though that's probably not for the planning commission to deal with she thought she would offer those comments. Planning Commission Minutes of 06-19-07 -16- John Nephew, 628 County Road BEast, Maplewood, addressed the commission. He said he has been looking at the C.I.P. and he has a few questions about the impact to the taxpayers. On page 34, the impact on property taxes, there must be some typos there because it says taxes in 2006, the debt service was $2.3 million and in 2005 it was $3.0 million. He said he didn't think the taxes dropped that much so the figures must be reversed. The draft budget on the city website indicated the 2006 debt service property tax levies were $3.01 million but the current C.I.P. shows it as $2,315,500 and for 2007 the citywebsite shows it was $3.14 million but in the C.I.P. it shows the number at $3.14 million and that number is the same for 2008. He wasn't sure why there were so many inconsistencies. Mr. Nephew was trying to figure out the impact of the individual taxpayer regarding what this bonding plan means. Something he thought would be helpful, that he didn't see amongst the various charts was, because much of the bonding is covered by dedicated revenue sources such as assessments, state aid funds for roads etc., would be something that gives the residents a measure of how much of the bonding is strictly taxpayer obligation versus how much is covered by these other sources that are being passed onto the taxpayers. In particular he thinks this is something the city should be concerned about since he has heard at various city council presentations by Mr. Ahl, regarding what the city is assessing on street improvement projects and that is becoming a smaller percentage of the cost of the street improvement projects. That is something that may be changing over time. It should be made apparent to citizens what exactly this document means to the citizens of Maplewood. Chairperson Fischer closed the public hearing at 8:57 p.m. Commissioner Trippler said the C.I.P. has a lot of problems and needs to be revised. He asked if this document had a 60-day clock running like planning items do? Mr. Roberts said this C.I.P. does not have a 60-day clock. The C.I.P. does have to get completed so the city can start preparing the budget for next year. He didn't the exact date that the city council would review the C.I.P. Mr. Ahl said the city would like to start the 2008 budget. City staff had originally proposed this item to go to the city council on July 9,2007, which is why the planning commission is reviewing it this evening. If the planning commission were to delay this document he wasn't sure with the July 4 holiday when it could be brought back to the planning commission in order for the document to be heard by the city council on July 9. It may have to be delayed until July 23,2007. The other issue we will need to look at is the incomplete nature of the Park fund in the C.I.P., even though it shows the expenditures, it doesn't recognize the revenues. We are talking about spending $15 million in Gladstone and not showing any revenue from any new units that would come forward as the city goes through the four phases. That is a glaring example of something that needs to be updated in the C.I.P. and it will take some time to make those corrections and changes. Commissioner Hess asked if the figures that John Nephew mentioned on page 34 were mistakes? Mr. Mittet said he would look at those numbers and double check things. Commissioner Walton asked if the commission could discuss the idea of park funds versus funding for trails in Maplewood? Carolyn Peterson asked why it has to be one versus the other. He asked if anybody on the commission has a feeling regarding this either way? Planning Commission Minutes of 06-19-07 -17- Commissioner Trippler said he didn't know where the idea came from to plan money towards trails instead of parks. That is a decision that that should be put in a written policy since it is a major policy decision and it should be something discussed at the city council level. He asked if that was something the City Manager should be deciding on his own? As Peter Fischer pointed out, it doesn't comply with the language in the Comprehensive Plan. He questioned whether the city is going to change the Comprehensive Plan stating the city isn't interested in maintaining the city's parks anymore. He said he wouldn't vote for something like that. He can only guess that the City Manager felt switching from Parks money to trails would be cheaper or less of a controversial thing to do. Commissioner Pearson said he isn't sure this C.I.P. is going to be an either/or situation with parks and trails but with previous city council's and previous C.I.P.'s the city has seen what Chuck Ahl has described as terrible and horrible streets that have been continually delayed. To some extent the delay was to the benefit the parks and trails in the city. He is glad to see that a lot of these projects that have been delayed several times are going to be taken care of in the 2008-2012 C.I.P. He doesn't see a lot of problems with the C.I.P. There may be some inaccuracies and incorrect verbiage in the report but it doesn't change the "affect" of the plan. He thinks the city staff and the city council is planning for the street repairs which is correcting many years of deferred street maintenance. Commissioner Trippler said he strongly supports maintaining and upgrading the city's infrastructure. It's important to keep the streets in good repair; it helps the bond rating, as pointed out by staff. The city has to keep putting money into the infrastructure. He said the problem he has with the C.1. P. is that the city is looking at an increase in funding of about $20 million over the period of this plan from 2008-2012, and yet he sees over half of that being devoted to Gladstone. It seems to him it's a political decision that was made by this administration to bow down to a few individuals that didn't want a lot of development in the Gladstone area but wanted all the amenities and bells and whistles. The city went from a project that the task force proposed 850 units that would almost pay for itself to a city council that threw that idea out and said they wanted a lower unit count and decided that the rest of 35,000 residents in Maplewood are going to pay for what the people in the Gladstone area want. He said he has lived in Gladstone and the area does need work but he thinks this has been done backwards and behind closed doors, and he thinks the people in Maplewood need to know what has been going on. In his opinion it sounds and seems like this is purely political. Certain people were elected because of what was going to be proposed for the Gladstone area and are getting their payoff and the rest of Maplewood is going to pay for it. If you put the Gladstone unit count back to the level of funding that was in the C.I.P. for 2006 that would free up $9 million. The city could do improvements in other areas of the city. Staff has said there is a reduction in charges to do road improvements, based on that the city should be signing contracts as fast as they can to do street improvements as long as the prices are this low. He said he wouldn't support this 2008-2012 C.I.P. as it is. Commissioner Desai said he also brought up the fact that Gladstone went from $6 to $15 million. He agrees with Commissioner Trippler's comments regarding putting an extra $9 million in the plan for Gladstone which doesn't look realistic to him and he would definitely consider that an issue that needs to be addressed before this C.I.P. goes to the city council. Planning Commission Minutes of 06-19-07 -18- Chairperson Fisher said when the city balances budgets there are times when you might like something done over here but if the roof is leaking, orthe basement is flooding, you have to make some adjustments. The city has seen over the years that some items have gone from being in the future to being moved sooner on the list. Things change, it's a matter of priority and where money is available and sometimes emergencies come up. She can see where staff is coming from if this is a good time for bituminous improvements. Some streets have been postponed for a long time and this is the time streets should be given priority even though other things are important and they end up being delayed a few years down the road. She thinks she heard that given the fact the city is almost fully built and could no longer have PAC fees available, the city council should be giving serious consideration to alternate methods offunding the parks, playgrounds and trail systems. She asked if that be part of the motion to the city council? The commissioners agreed with that. Commissioner Trippler said Mr. Ahl mentioned the Hillcrest Redevelopment area in his presentation. He said maybe the commission should encourage the city council to look at where they are going to prioritize the Hillcrest Redevelopment area in terms of how that fits in with the Gladstone Redevelopment plan and the priority system. He believes the council should come up with some way to fund the park system in the future. That needs to be resolved sooner rather than later. Commissioner Pearson said he agrees with those comments. He agrees that projects like electronic scoreboards for a softball field may require fundraising in order to acquire those types of things. In terms of soccer, the private soccer enterprise should be an asset to that sport also. He is concerned that the more Maplewood is developed and the potential of drying up PAC fees, the city may get to a point where you have to assess taxes to pay for these playgrounds, trails, community centers and open spaces which may change the level of support for the citizens of Maplewood. He said the city has done a very good job on trails and parks for several years. The city has not done that good of a job on the streets and this is the most opportune time to get the streets redone. Commissioner Pearson moved to approve the 2008-2012 Capital Improvement Plan (C.I.P.) with the followinq chanqes: the city council should look at alternate means for future fundinq of parks and playqrounds in the city. The city council should express their plan for the Hillcrest Redevelopment area in coniunction with the Gladstone Redevelopment area. The tvpoqraphical errors and editinq corrections shall be made in the C.I.P. before movinq forward to the city council as well. Commissioner Hess seconded. Ayes - Fischer, Hess, Pearson, Walton Nays - Desai, Trippler The motion passed. This item is scheduled to go to the city council on July 9, 2007. b. Lot Division Proposal (Carye - 2291 Hazelwood Street) (9:15 -10:15 p.m.) Planning Commission Minutes of 06-19-07 -19- Mr. Roberts said Robert and Linda Carye are proposing to subdivide their 21 ,780 square foot lot at 2291 Hazelwood Street into two single family lots. The Caryes are proposing an addition and improvement to the existing house on the corner lot and a new single family house will be constructed on the new lot to the west (on Cope Avenue). In 2000 the Carye's purchased the single family house. Prior to moving into the house a storm caused extensive damage including the loss of several trees, destruction of the detached garage and shed, and interior damage. In 2001 the home was flooded by a defective water softener, which was followed by four sewer backups. The flooding and sewer backups resulted in the production and spread of mold spores throughout the entire house. The house sat vacant since approximately December 2006, after the Carye's moved to Boston to tend to family matters. Commissioner Pearson asked what had been done to prevent any more sewer backups from occurring in the future? He asked if the Fire Marshal or if the Building Inspector had been inside the house recently to see the condition because it sounds like the house is very old and run down. He asked why the fence that had been built had been allowed to stay this way for this long? Mr. Roberts said regarding the fence, staff was not aware of any fence complaints, ifthere was a complaint; it wasn't raised until this proposal came up. Commissioner Pearson asked if the fence was built with a permit, and if it was inspected? Mr. Roberts said because of the height of the fence, no permit was required. Regarding the sewer and the condition of the building, the only comments staff received are from Dave Fisher, the Building Official, on page 4 of the staff report. Staff is not aware of any recent interior inspections. Regarding the sewer, Mr. Ahl may have some comments; otherwise the commission would have to ask the applicant that question. Mr. Ahl said he isn't aware of any ongoing sewer problems here. He said he doesn't have the history of the sewer at this address so that answer may have to come from the applicant. Commissioner Trippler said he doesn't approve of the outlay and granting a variance even though it's only for 7)1, feet. It looked to him that the portion of the house that extends off the back was an addition. If the applicant is going to build an addition it didn't seem that it would cost that much more money to remove the area off the rear of the house that looks like an addition and decrease that area by 7)1, feet so the house would be in compliance with the setback. Mr. Roberts pointed out the south view of the house that Commissioner Trippler questioned. Planning Commission Minutes of 06-19-07 -20- Commissioner Trippler said regarding moving the driveway location, when he looked at the property he noticed a curb cut on Cope Avenue. He wouldn't recommend the driveway in the location staff recommended because Cope Avenue crests 200-300 feet and when he tried to back out he couldn't see cars coming up from the lower part of Cope Avenue but the cars kept coming and coming. Each time he tried to back up he had to continue waiting to get out. It seemed Hazelwood Street would be a better place to exit the property if in fact the highway department gets their wish to shut down Hazelwood Street at the Highway 36 connection. If and when that occurs, Hazelwood Street would be used much less compared to Cope Avenue. Because this is the corner lot, you not only have to keep watching for traffic which is hard to see from the west coming up the hill but you also have to figure out which cars are going to turn, it's basically a nightmare trying to back up out of there. Commissioner Hess agreed with Commissioner Trippler's comments. If the setback is supposed to be 20 feet by code, he wasn't sure how the proposed addition was going to tie into the existing home to the rest of the house. He is thinking about the future resale issues. Regarding a 20 foot setback, he would be more in favor of trying to comply with the setback. He said this property is in rough shape. He was concerned how much of the sewage issue had been taken care of. Commissioner Desai asked if the city required a habitation permit for this existing residence because he understood no one had lived in this house for a few years. Mr. Roberts said the city would have to find that this house is habitable in order for it to be occupied. If it's found to not be habitable the city would declare that. Staff doesn't have enough history with this home but its staff's expectation that the issues will be taken care of in order for this to move forward. Commissioner Desai said the mitigating mold issues are a tough issue to deal with in a home. It may be easier to tear the house down and start all over. Maybe the architect can shed some light on this subject. Commissioner Hess said kitty corner and across the street from this site the Comforts of Home Senior Housing will be built and maybe that will add more traffic to the area making it more palatable to have the driveway on Cope Avenue. Mr. Roberts said Comforts of Home would have 44 senior housing units including some memory care units so that building will not generate a lot of traffic however, there will be more traffic than what exists now. Commissioner Trippler asked if the commission would be approving a variance to the west because that lot is only 76-feet wide instead of 1 DO-feet wide? Mr. Roberts said because that is an interior lot the minimum lot width is 75-feet wide. Chairperson Fisher said a corner lot needs to be 100-feet wide. Chairperson Fischer opened the public hearing up to the public. Planning Commission Minutes of 06-19-07 -21- Linda Carye, 2291 Hazelwood Street, Maplewood, addressed the commission. Ms. Carye thanked the commission for their time. She said regarding the recommendations in the staff report, her and her husband are in agreement with the conditions. She said she would like her architect and landscaper to speak as well. She said she purchased this house in 2000. One week after she purchased the house, there was a storm and the wiring in the house was fried. New wiring, new plumbing and new interior walls have been done on the interior of the house costing $60,000. She knows from the exterior, the house looks horrible. Driving by the house you wouldn't believe she spent that much but she said she has the receipts to prove it. Her father had cancer and she and her husband went to stay with him in Boston so the property has been vacant. She hired two other landscapers, besides Dan Stone, who is her third landscaper, to take care of the property that didn't conform to the job and her and her husband were not aware of the problems until the City of Maplewood made them aware of the situation. Regarding the mold and sewer problems, after the storm in 2000 they stored their personal possessions down in the basement because they were working on the interior of the house. Their water softener got stuck on the discharge cycle and flooded the basement when they weren't home. They imagine what happened was that the cardboard boxes disintegrated from being wet and the debris went down the drain because they had the sewer cleaned out after it backed up four other times. Then they had a camera put down the sewer and everything had checked out fine. The house has been checked out and there is no longer any mold problems. Commissioner Trippler asked if it would be possible to take 7)1, feet off of the western edge to meet the 20 foot setback requirement and move the proposed addition over 7% feet? Ms. Carye said because it is getting so late she would like to have her landscaper speak and then the architect can speak. Dan Stone, 2686 Mackubin Street, Roseville, addressed the commission. He said he was hired to take care of the property. He does the weekly mowing and maintenance of the property. He was also hired for the future landscaping at the proposed property. There were no questions by the commission for Mr. Stone. John Gasper, NAI Architects, residing at 1594 Mary Street, Maplewood, addressed the commission. Mr. Gasper said they removed the small shed on the back end of the property. What's left is the kitchen area which looks like an addition but isn't. To remove 7)1, feet off the rear of the house would cost a lot of money because they would have to cut the kitchen in half. The applicant had already upgraded the electrical, lighting and plumbing in the original part ofthe house. He said on the plans they show the west part being removed. Mr. Roberts pointed out on an aerial photo where the shed was that was referred to that had been removed and where the kitchen is located on the property. Commissioner Trippler asked if the kitchen was part of the original house because it looked like that area of the house was added on. Mr. Gasper said he didn't know for sure because he didn't know the history of the house, but he assumed it was part of the original building. Planning Commission Minutes of 06-19-07 -22- Commissioner Trippler asked what would be built in the addition that would be attached to this portion of the house? Mr. Gasper said on the south end there would be a two car garage with an upper office area. Between the garage and the other portion of the house is a breezeway with stairs that will go over the garage and stairs that go down into the basement. The area to the west that they would remove is where the stairs are right now. Commissioner Trippler asked if he knew how much it would cost to move the kitchen and put the kitchen in the northern portion of the breezeway and make that all one unit? Mr. Gasper said that would cost quite a bit because the wiring, plumbing and lighting is all done in the kitchen. Commissioner Hess said following the roof ridge line to the west, he sees a line that looks like there is two pieces of house there, unless that's another roof ridge. Mr. Gasper said they are adding a master bedroom over the kitchen there. Commissioner Hess wondered why they couldn't slide the addition to the east and comply with the 20-foot setback for the future sale. Mr. Gasper said you could slide the garage and the breezeway east, but the original footprint of the house is right where it's at. Mr. Roberts said the first floor exists and the architect is proposing to put a second floor addition on-top of the existing footprint so the rear wall becomes two stories. Mr. Roberts pointed out where the addition would go with the existing house footprint. Commissioner Hess asked where it's listed as the proposed addition, could you move that section of the building so it would comply? He realized it would be a hardship to tear out the lower area in order to comply with the setback. There is a wood fence up against the chain link fence and there is a fence down the center of the yard, he asked what the situation was with the fences? Ms. Carye said regarding the chain link fence that runs down the middle of the property, the intention was that was a temporary fence because they knew they were going to build an addition to the property. Last fall she was under a court order not to touch the property. The property is still in litigation but she wants to move forward and finish the house and move back there. The chain link fence was always intended as a temporary fence, she said she will take that fence down. Regarding the wood fence, with the finished fence facing inward toward her home, she said she didn't receive permission from her neighbor to unhook his chain link fence. They needed to unhook the chain link fence in order to shoot straight forward from the neighbor's property line. If she has permission she will definitely make sure that gets done if you allow a contractor to come in. She said she would resurface that with the same material. Commissioner Hess said it seemed strange that the applicant would invest $60,000 on the interior of the house and do nothing on the exterior which would have pleased the neighbors since the home is in such rough shape. Planning Commission Minutes of 06-19-07 -23- Ms. Carye said she is aware of that and she never thought this would go on this long. Because the property is still in litigation, in the last year she was just released to work on the property. It has always been their intention to build an addition to the property. Yes, she said she could've put siding on the house for two years or so. To reside the house and then do the addition and take the siding down and reside the house again seemed not worth it since you could never match the stock material. Commissioner Pearson said it states in the report that the sewer backed up 4 times. He asked if this was the sewer main? Ms. Carye said there was a drain in the floor and it backed up through there. The four incidences were in a three or four day period and until they had the drain cleaned out when the boxes disintegrated and the debris went into the drain. That was the cause of the backup. They had the sewer cleaned out and had a camera inserted down there, everything checked out fine and there haven't been anymore problems since then. Commissioner Pearson asked if the sewer line from the house to the city's main line had been dealt with if it had been a problem? Ms. Carye said it hasn't been a problem that she was aware of. Chairperson Fischer asked if the applicant had any questions for the commission or staff? Ms. Carye said not at this time. Jim Hakala, 1515 Cope Avenue East, Maplewood, addressed the commission. Mr. Hakala said regarding the chain link fence on his property, it was there before the neighbor put in the privacy fence and they never came over to ask if he would do anything with the fence and the fence was put up backwards. He contacted the city and the city suggested that he just live with the fence that way so that is what he has been doing. Then the rest of the problems have been going on. He said he wished the commission wouldn't approve this proposal. Patricia Collier, 1526 Cope Avenue East, Maplewood, addressed the commission. She lives across the street from this property. She would like to know if this is connected to the city sewer or if there is a septic tank here? If the sewer could be inspected before they start construction on this that is where the city should start. She would like to know if there could be a timeframe for completion if this is approved? This project should have a final inspection afterwards. She put a fence up 4 years ago July 4, 2003. Her fence had to have a building permit. She has a cedar fence, the company that installed the fence got a building permit from the city so she wondered why she had to have a permit and the neighbors didn't have to get a permit? Mr. Roberts said if the fence is 6 feet high or less, the city doesn't require a permit so if the company that installed your fence told you they had to pay the city for a permit, they did not have to. Planning Commission Minutes of 06-19-07 -24- Ms. COllier said her fence is 6 feet tall and it looks the same as the neighbors. She would like to know about the storage trailer that was out there for years even before she moved there. It was finally removed this year. Her concerns are two fold, she would like to know if they intend to take residence here upon completion of this addition. She would like to see an escrow deposit requirement with the timeframe for completion in order to keep the mess down to a minimum. She thinks 6 months is a good timeframe even with all the neighbor is proposing to do. If they are only going to remodel the existing home and do siding to the house, she would like to see that done in 30 days. Ray Pogue, 1516 Cope Avenue East, Maplewood, addressed the commission. He said he has lived here for 52 years and he has seen the whole neighborhood change many times. This is the oldest house on the block. Ms. Carye really gutted the place, he hasn't seen the inside of the house so he doesn't know what it looks like now. The basement was a mess the only time he did see it, he has no idea what it looks like now. In January 2005 there was going to be a sheriff's sale because the bank had foreclosed on the property. Then the Carye's declared bankruptcy and the sheriff's foreclosure sale was cancelled. The Carye's made arrangements with the bank to make small payments to hold the property. Later they refinanced with another bank and that is where it sits now. The house is deteriorating. There are cats and birds flying in and out of the house and he assumes the house is uninhabitable. He is worried that this project isn't going to be completed, especially because they filed for bankruptcy and he is concerned there is enough money to finish the project? There is a sizeable mortgage on this property already. That's the real concern of the neighborhood; will this project really be finished? If it does, great! He said he is so sick of looking at this place, it's the biggest eyesore that there is. If the Carye's finish this the whole neighborhood would be in favor of it looking nice, but is there any assurance that this will ever get completed? Chairperson Fischer closed the public hearing. Commissioner Pearson asked if this property is connected to city sewer or if this has a septic tank? Mr. Roberts said the applicant testified that she had the sewer line cleaned and it was inspected with a camera and that tells staff that they are connected to the sewer. Commissioner Pearson said that doesn't necessarily mean they had it inspected from the house to a septic tank or from the house to the main. Mr. Roberts said he interpreted it to mean the sewer line was check from the street to the public sewer. Mr. Ahl said the public works department knows where the septic tanks are and this address is not on the list of septic tanks. He guessed this address gets a sewer bill from the city and he would be very surprised to see a septic tank in this area. The city hasn't done a dye test or anything but the city could do that. Commissioner Pearson said it would be phenomenal to miss that step during this messy process. Mr. Ahl said the city will definitely check on this before any permits are issued through the city. Planning Commission Minutes of 06-19-07 -25- Chairperson Fischer said some of these requests are small enough that they would have been allowed as administrative variances and could have been done administratively. Mr. Roberts said what changed things was the proposed rear yard setback variance. Otherwise these requests would have been done administratively and this would not have come before the planning commission. Commissioner Desai asked if the addition is moved back 7)1, feet to comply, than it would fall within the administrative requirements? Mr. Roberts said they can't do that because of the existing home and the proposed property line of the lot and then the lot gets too narrow for the 75-foot requirement. Commissioner Pearson asked if this property is still tied up in a lawsuit, and a fence can't be altered or taken down, how can this proposal go forward even if it were approved by the city? Mr. Roberts said this approval gives the applicant approval of a site plan with the variances and approval of a lot division for a second lot. It is up to the applicants when they use these approvals. If it takes another two years of litigation so they can actually build this, it is between the courts and the lawyers. This only gives the applicant approval to move forward with the city. Commissioner Hess said right now this is 76 feet from the line, what if the commission moved it back to the 75 foot line, which then makes it 13 feet to the existing property and then suggest that the proposed addition gets moved over so it is code compliant to 19.8 feet? Mr. Roberts said the problem is that this lot is only proposed to be 9,500 square feet because the width is fine but north to south the lot is not big enough to make the 10,000 square feet city requirement, so by moving the line over you make the second lot that much smaller. It's a balancing act between lot area and the rear yard setback. The 9,500 square feet is in keeping with the character of several other lots in that block. Commissioner Trippler asked if the commission could approve condition number two and not condition number one? Mr. Roberts said no, because the applicant needs the variances to the rear of the house to put the new property line for the second lot. Commissioner Trippler said he has the same problem that Commissioner Pearson has that if this property is tied up in a lawsuit he thinks nothing is going to happen here for awhile. The neighbors have expressed the concerns and it has already taken this long for something to happen here. Mr. Roberts said it appears the applicant would like to speak. The commission agreed to open the discussion up again. Ms. Carye said she is not under a court order to leave the house as is. She can do what she wants to the property as far as construction goes. Planning Commission Minutes of 06-19-07 -26- Commissioner Trippler asked what is tied up in court? Ms. Carye said she still has a lawsuit ongoing, but both parties have done their inspections and they have what they need for a trial and they can't tie the property up forever. Commissioner Trippler asked what the lawsuit was about? Ms. Carye said it encompasses several areas. There was the mold remediation and the damage to contents of the house. Commissioner Trippler asked if she was in a lawsuit with the insurance company to recover your damages? Ms. Carye said yes. Commissioner Hess said based on past history at this address, he was concerned that this project may not get finished and he wondered if a timeframe could be attached to this project. He asked if this should be added as a separate motion. Mr. Roberts said that becomes difficult to do. There could unforeseen circumstances, delays with the city, or by Mother Nature, etc. The city is confident that with the escrow for the siding, the normal building permit process and the escrow for grading and drainage as part of the building permit so if it is disturbed and things don't get finished, the city has money to stabilize the ground so erosion doesn't occur and dirt won't be washing down the street. Ifthe siding doesn't get done, the escrow money would allow the city to hire someone to finish the job for the applicant. Commissioner Trippler said the applicant could sell the new lot first and then take the money from the new lot to help pay for the addition on the existing house. There is nothing in the resolution that says they have to do things in a certain order. Commissioner Trippler moved to adopt the attached variance resolution in the staff report. This resolution approves three variances associated with the creation of the new lot for a single dwelling west of the house at 2291 Hazelwood Street. These include having a lot area of 9,500 square feet (500 square foot lot area variance), a lot width of 99.01 feet for a corner lot (.99-foot lot width variance), and a 12.16-foot rear yard setback variance for the existing house to the new lot line (7.64-foot rear yard setback variance). The city is basing this approval on the fact that the lot area and lot width variance are in keeping with the surrounding properties and the ability of the applicant to prove a specific hardship for the rear yard setback variance that meets state law requirements including: a. The problem requiring the rear yard setback variance in this circumstance is a problem that the current owner did not cause (i.e., location of the existing house). b. The variance will only be required for the 20-foot-width of the existing house, causing minimal impacts to the adjacent property. c. The variances and the creation of a new lot and construction of a single family house in this location will not change the character of the area as surrounding properties are all single family houses with similar lot sizes. Planning Commission Minutes of 06-19-07 -27- Approval of these variances is subject to the following conditions: 1) Submit a cash escrow or letter of credit to cover 150 percent of residing the existing house. 2)Sign a right-of-entry agreement allowing the city to enter the property at 2291 Hazelwood Street to complete siding of the house if necessary. 3)Sign a maintenance agreement promising to maintain the property per city code requirements throughout construction of the addition. 4)A revised site plan or survey showing that the addition will maintain a 19-foot rear yard setback to the new rear yard lot line and the relocation of the driveway from Hazelwood Street to Cope Avenue. 5) Removal of the temporary chain link fence. 6) Removal of the 6-foot-high wood privacy fence or alteration of the fence to ensure that the side of the fence facing the neighbors is finished, with no structural supports showing. Commissioner Trippler moved to approve the lot split plan date-stamped May 15, 2007, for a lot division request to subdivide the 21 ,780-square-foot single family lot located at 2291 Hazelwood Street into two single family lots. Lot division approval is based on code requirements (Sections 34-14-lot divisions) and is subject to the following: a. Submit a survey to staff for approval which shows the following: 1) Legal descriptions of both lots. 2)Location and setbacks of existing house on the corner lot. b. If the new lot (adjacent Cope Avenue) is to be sold or deeded to another party, deeds describing the two new legal descriptions for both lots. c. Once the above-mentioned conditions are met, the city will stamp the surveyor deeds. These must be recorded with Ramsey County within one year of the date of the lot division approval or the lot split will become null and void (city code requirement). d. Prior to issuance of a grading or building permit for the new house on the new lot (adjacent Cope Avenue), the following must be submitted to staff for approval: 1) Proof that Ramsey County has recorded the lot division. 2)A signed certificate of survey showing the location of all property lines and the location of the new house with at least a 1 O-foot setback from the house, garage, and deck to both side property lines. Planning Commission Minutes of 06-19-07 -28- 3) Submittal of a screening plan ensuring screening from any proposed deck on the new house to the existing house to the west at 1515 Cope Avenue. Commissioner Desai seconded. Ayes - Desai, Fischer, Hess, Trippler, Walton Nay - Pearson The motion passed. This item goes to the city council on July 9,2007. The planning commission stressed that the city council should look at placing a time restriction on this project at 2291 Hazelwood Street to ensure that this addition be done within a certain timeframe to satisfy the neighbors. VI. NEW BUSINESS None. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Walton was the planning commission representative at the June 11, 2007, city council meeting. Items to discuss included the (CUP) for the Corner Kick Soccer Center at 1357 Cope Avenue and the (CUP) for Costco at the north side of Beam Avenue, west of the Bruce Vento Trail, which were both passed by the city council. b. Mr. Desai will be the planning commission representative at the June 25, 2007, city council meeting. Items to discuss include the Pond Overlook, Rezoning (F(farm to R-2) for Planned Unit Development, and the Preliminary Plat. c. Mr. Hess will be the planning commission representative at the July 9,2007, city council meeting. Planning Commission Minutes of 06-19-07 -29- The (CUP) for (The Keller Lake Convenience Store, 2228 Maplewood Drive may be heard.) The (C.I.P.) Capital Improvement Plan for 2008-2012. Carye Lot Division Proposal at 2291 Hazelwood Street, for Lot Division proposal, Lot Area Variance, Lot Width Variance, and Rear Yard Setback Variance. d. Mr. Pearson will be the planning commission representative at the July 23,2007, city council meeting. e. Annual Tour Mr. Roberts reminded the commission that the Annual Tour is scheduled for Monday, July 30, 2007, from 5:30-8:00 p.m. Please call Community Development to RSVP. f. Update on planning commission openings Commissioner Trippler said the planning commission is short by two members and the planning commission needs to begin working on the comprehensive plan. In the summer months we run the risk of not having enough commission members to have a quorum. He would like the City Manager to get these openings filled. He hasn't seen any openings advertising for openings on the advisory board. The Recording Secretary asked if she could answer that question? The commission agreed. Recording Secretary, Lisa Kroll, stated in her new position of typing the city council minutes, City council member Will Rossbach asked the City Manager, Mr. Copeland, what was happening with the openings on the planning commission and other advisory boards at the June 11,2007, city council meeting. The City Manager said the city had been advertising the openings in the Lillie News and on the city's website for the past few months and has only received two applications for the Environmental Commission and that those interviews would be held soon. However, there was no mention of any other applications on file for the other openings. Commissioner Trippler said he reads the Lillie News all the time and he hasn't seen any openings advertised. Commissioner Walton asked if the openings could be advertised in the Maplewood News? Commissioner Trippler said he would like the City Manager to give a report regarding what the city is doing to advertise these openings and how the city proposes to fill the openings. X. STAFF PRESENTATIONS None. XI. ADJOURNMENT The meeting was adjourned at 10:30 p.m. MEMORANDUM LOCATION: DATE: Greg Copeland, City Manager Shann Finwall, AICP, Planner The Shores Senior Housing Development - St. Paul Tourist Cabin Site Link Wilson of Kaas Wilson Architects, representing the developer, Bart Montanari of Dabar Development and the property owner, Philip Johnson of PLJ, Inc. 940 Frost Avenue July 11, 2007, for the July 17 Planning Commission Meeting TO: FROM: SUBJECT: APPLICANTS: INTRODUCTION Project Description Bart Montanari of Dabar Development is proposing to redevelop the 7.03 acre St. Paul Tourist Cabin site (940 Frost Avenue) with a senior housing development to be called The Shores (previously to be called Lake Phalen Estates). The development will consist of 180 units of senior housing (20 memory care units, 45 assisted living units, 15 transitional care suites, and 100 market rate senior apartments) in a four story building with underground parking. The development will be the first redevelopment project within the Gladstone Neighborhood Redevelopment area. The applicants state in their narrative that the project will create 120 jobs and will be managed by Walker Methodist who is a partner in the project. The four-story building will be 239,945 square feet in area. Of that square footage, 100,000 square feet will be dedicated to common space including a beauty shop and spa, general store, bank, deli, club room, two dining areas, library, computer center, billiard lounge, chapel, craft room, exercise/fitness room, great room, and movie theater. These spaces will be designed to promote activity and interaction among the residents, guests, and staff. The project will provide three meals a day to residents of the building. Requests To build this development, the applicants are requesting that the city approve the following: 1. Clarify the Gladstone Comprehensive Land Use Plan map change of March 12, 2007 by the City Council by incorporating designation from the Gladstone Neighborhood Redevelopment Plan. In order to clarify the redevelopment land use map and legend, the definitions as contained in the Gladstone Neighborhood Redevelopment Plan should be added to the comprehensive plan as follows: Gladstone High - 12 to 30 units per acre; Gladstone Medium - 7 to 12 units per acre; and Gladstone Mixed Use - 20 to 30 units per acre. 2. The public vacation of 20 feet of right-of-way along East Shore Drive. 3. The public vacation of a sanitary sewer easement located on the west side of the property. 4. Preliminary plat. 5. A conditional use permit for a planned unit development within the shoreland overlay district of Phalen Lake. 6. Design review approval. The planning commission should review and make a recommendation on items 1 through 5 at the July 17 planning commission meeting. The community design review board is scheduled to review and make a recommendation on the design of the development including site plan, architectural, lighting, and landscaping at their July 24 meeting. Final review of the project by the city council is currently scheduled for August 13. BACKGROUND July 25, 2006, the city council held a public hearing to review the closure of the St. Paul Tourist Cabin site. This hearing was required by state law to review the impacts that the park closing might have on the displaced residents and the park owner. At the time of the hearing, there were only three remaining residents in the park. December 13, 2006, the Metropolitan Council awarded the City of Maplewood a $1.8 million Livable Communities grant to help fund the proposed Phase I public improvements in the Gladstone redevelopment area. Public improvements planned are the reconstruction of Frost Avenue from Highway 61 to Phalen Place which includes a roundabout at the intersection of Frost Avenue and East Shore Drive, sidewalks, decorative street lighting, and landscaping. In addition, the grant will help fund the construction of stormwater treatment ponds and devices to treat stormwater that are currently discharged directly to Lake Phalen without any form of treatment. March 12, 2007, the city council approved the Gladstone Neighborhood Redevelopment Plan. This plan will help guide the redevelopment of the Gladstone area with a mixture of 650 new housing units and neighborhood retail and commercial uses. The city council also reviewed and made a motion on the Gladstone comprehensive plan amendment which included changing the land use designations in the area to Gladstone Mixed, Gladstone High, and Gladstone Medium. These land uses were created for the Gladstone Neighborhood and reflect uses and densities envisioned in the Gladstone Neighborhood Redevelopment Plan. June 11, 2007, the city attorney, Alan Kantrud, gave an opinion on the results of the March 12, 2007, motions made by the city council in regard to the Gladstone comprehensive plan amendment. In summary, Mr. Kantrud found that the city council approved the Gladstone Neighborhood Redevelopment Plan and adopted the redevelopment concept land use map as an amendment to the city's land use map, but did not adopt the rest of the Gladstone Neighborhood Redevelopment Plan as an amendment. In order to clarify the redevelopment land use map and legend, the definitions as contained in the Gladstone Neighborhood Redevelopment Plan should be added to the comprehensive plan as follows: Gladstone High -12 to 30 units per acre; Gladstone Medium - 7 to 12 units per acre; and Gladstone Mixed Use - 20 to 30 units per acre. June 27, 2007, the Metropolitan Council approved the Gladstone Neighborhood Redevelopment Plan. 2 DISCUSSION Gladstone Neiqhborhood Redevelopment Plan The Gladstone Neighborhood Redevelopment Plan (pertinent pages found on Attachments 14 and 15) outlines nine guiding principles to redevelopment in the area as follows: 1. Design the future of Gladstone as a village. 2. Transform regional trails into celebrated village corridors. 3. Make Gladstone a compelling quality of life choice. 4. Weave natural systems and ecological function into the built and recreational environment. 5. Allow Gladstone's future to whisper the story of its past. 6. Make walkability the standard. 7. Think of Gladstone as a neighborhood for all stages of life. 8. Make the Gladstone master plan a model for others to follow. 9. Make multi-modal links between Gladstone and areas beyond. The Gladstone Neighborhood Redevelopment Plan further outlines development strategies for the St. Paul Tourist Cabin site as follows: 1. Both the natural and the built environment support multiple family housing on this property. 2. The existing terrain allows placement of a multistory building within the character of the existing setting. 3. The site is located in a shoreland zone and will follow shoreland regulations. 4. A four-story, multi-housing development currently lies between this site and Lake Phalen. 5. Redevelopment on the site should fall in a range of 12 to 30 units per acre. 6. Key factors to consider in shaping the redevelopment of this site include; a. Preserve existing natural vegetation and tree canopy. b. Access to the site should be coordinated with improvements to Frost Avenue and the proposed roundabout. c. Development of the site should consider the notion that this area serves as a gateway to the Gladstone area. d. Redevelopment of the site has important financial relationships with the remainder of the Gladstone neighborhood - actual implementation efforts should explore ways that this project can provide financial resources to other parts of the master plan, particularly the improvement of Flicek Park and Frost Avenue. The Shores senior housing development has the potential of meeting many of the master plan guiding principles and development strategies for the property. Comprehensive Land Use The City Council changed the land use designation on the property from Medium Multiple Dwelling Residential (R-3M) to Gladstone High (G-H) at the March 12, 2007, City Council meeting. However, as stated in the background section above, the definitions for these land use designations were adopted in the Gladstone Neighborhood Redevelopment Plan, but not included on the comprehensive plan land use map legend. The definitions describing the 3 Gladstone land use and allowable densities as described in the approved Gladstone Neighborhood Redevelopment Plan must be added to the city's comprehensive plan as follows; Gladstone Medium (G-M): Locations with attached housing units with densities ranging from 7 to 12 units per acre. Gladstone High (G-H): Locations with stacked housing units with densities ranging from 12 to 30 units per acre. Gladstone Mixed-Use (G-MU): Locations where it is appropriate to allow commercial and residential uses on the same site. Residential uses should range from 20 to 30 units per acre and should encompass 60 percent of the mixed use designation. This additional language will ensure that the 7.02 acre St. Paul Tourist Cabin site can be developed with the proposed 180 senior housing units. Zoninq Properties located in the core of the Gladstone neighborhood are all zoned with commercial zoning districts. City staff has drafted the proposed Gladstone zoning district for commission, board, and city council review in the near future. The proposed zoning district would allow developments in the core of the Gladstone area to redevelop as envisioned in the master plan. The St. Paul Tourist Cabin site, however, is currently zoned as multi-family residential (R-3). This zoning district allows for the development of a multi-family, senior housing complex such as the proposed Shores development. Therefore, no rezoning is required for this development. Public Vacations East Shore Drive right-of-way is currently 120 feet wide. The reconstruction of East Shore Drive will not require such a wide right-of-way, however, the addition of a roundabout at the intersection of East Shore Drive and Frost Avenue will require additional right-of-way. The applicant is therefore proposing to vacate 20 feet of the East Shore Drive right-of-way to the property in exchange for the additional right-of-way needed at the intersection. There is an existing sanitary sewer line which runs along the westerly boundary of the property. That sewer will be abandoned and removed as part of the project. New sanitary sewer will be installed as part of the public improvements along East Shore Drive. As such, the city should vacate the existing sanitary sewer easement with this development proposal. Preliminary Plat The applicants are requesting that the property be platted in order to include the redefinition of the western property line, adjacent Parkview Court Apartments. This redefinition of the lot was approved last year by the city in order to eliminate property encroachments. Platting is also required to ensure right-of-way and easement dedications for the reconstruction of Frost Avenue and East Shore Drive. Approval of the preliminary plat should be conditioned on the developer dedicating ten-foot-wide sidewalk and trail, and drainage and utility easements along the entire north property line adjacent Frost Avenue; drainage and utility easements around all public storm water facilities; 4 and the dedication of additional right-of-way to the city at the southwest corner of Frost Avenue and East Shore Drive for the construction of the roundabout. Planned Unit Development The property is located within the Shoreland Overlay District of Phalen Lake. Within this overlay district, any structure with over four units per building must be approved as a planned unit development. A planned unit development will also allow flexibility from the multiple dwelling residential (R-3) zoning district that requires multi-family housing to have the following: 1. Minimal unit sizes of 580 square feet per efficiency or one-bedroom units. The Shores development will have unit sizes ranging from 439 square feet for memory care units up to 1,827 square feet for market rate units. 2. Minimal height requirement of three floors (unless approved as a conditional use permit). The Shores development is proposed with four floors. 3. Minimal indoor storage space of 120 cubic feet per unit. The Shores memory care and assisted living units will not meet this storage requirement. 4. Minimal parking requirements of one parking space per unit, for a total of 360 parking spaces required for The Shores development. As proposed, however, the development will have 88 underground parking spaces, 27 surface parking spaces, and 20 proof-of- parking spaces, for a total of 135. When asked, the applicants and Walker Methodist state that they are comfortable that this number of parking spaces will be adequate for this development, indicating that the 35 memory care and assisted living units will not have vehicles and the 100 market rate senior housing will have limited drivers. Staff agrees with the rationale about the memory care and assisted living units, but would recommend that the applicants install at least 100 underground parking spaces to have at least one underground parking space per market rate unit. Shoreland Overlav District The Shoreland Overlay District allows a property to have a maximum of 40 percent impervious surface area. The Shores development will consist of 35 percent impervious surface area including the building, parking lot, sidewalks and trails. The Shoreland Overlay District also requires that a structure be designed to reduce Visibility (under summer conditions) from public waters and adjacent shorelands. This can be accomplished through the design of the structure, use of vegetation, topography, increased setbacks, color or other means. Because of the construction of a large pond on the south side of the property, most of the mature trees will need to be removed. The structure will be located approximately 400 feet from the Phalen Lake water's edge, but with the removal of the vegetation and the height of the building, there is a strong likelihood that the structure will be visible from the lake. The landscape plan calls for three black hills spruce, two oak, three birch, and 18 aspen trees to be planted along the edges of the southerly pond. Landscaping in this area will need to be drastically increased in number and size (possibly as large as 15-foot-high evergreen trees) in order to ensure reduced 5 visibility from the lake. The applicants must submit a revised landscape plan and elevations showing how this will be accomplished. Enqineerinq Review Erin Laberee, assistant city engineer, reviewed the proposed plans. Refer to Ms. Laberee's review attached (Attachment 16). In summary, Ms. Laberee states that the city is planning improvements along Frost Avenue and East Shore Drive in conjunction with The Shores development including: 1) a 2-inch mill and overlay along Frost Avenue from Highway 61 to Phalen Place; 2) the construction of a roundabout at the Frost Avenue and East Shore Drive intersection; 3) the installation of street lighting, landscape, urban design enhancements; 4) the construction of a bus stop along the south side of Frost Avenue along the northerly boundary of the property; and 5) the construction of a 6-foot-wide concrete sidewalk along the south side of Frost Avenue and the west side of East Shore Drive, adjacent the property. The developer shall enter into a developer's agreement with the city for any public improvements required for their development. Ron Leaf and Susan Severa, engineering consultants with SEH, reviewed the plans for storm water management and wetland impacts. Refer to SEH's review attached (Attachment 17). In summary, SEH states that the general site layout, including rain gardens and wet ponds, will provide rate control and water quality treatment for The Shores and a portion of Frost Avenue and East Shore Drive. No impacts are anticipated to the existing Class 5 wetland located on the east side of the property. The city should continue to work closely with the developer to ensure the city and the development's storm water management needs are met. Tree Preservation The city's tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree of 8 inches in diameter, and a softwood tree of 12 inches in diameter. A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or greater. Specimen trees are also considered significant trees. The tree preservation ordinance requires any significant tree removed to be replaced based on a tree mitigation schedule. The schedule takes into account the size of a tree and bases replacement on that size. In essence, it penalizes developers for removing larger trees by requiring a greater amount of replacement for those trees. There are 246 significant trees on the property (3,883 total caliper inches). Of those trees, five are considered specimen trees (including a large 48-caliper-inch cottonwood tree located on the north side of the property near Frost Avenue). The plan calls for the removal of 174 significant trees (79.9 percent). Of those 174 trees removed, all five specimen trees are included in that removal (including the large cottonwood). With this plan, the developer must replace a total of 2,469 caliper inches of trees (988 trees that are 2.5 caliper inches in size). The trees scheduled to be preserved are all located on the northeast corner of the property (adjacent the intersection of Frost Avenue and East Shore Drive). The removal of so many trees on the property is due to the extensive grading needed to construct several rainwater gardens and storm water ponds on the site for rate control and water quality treatment. According to the city's tree replacement program guidelines, replacement trees must be at least 2 caliper inches in size for deciduous trees, 6 feet tall for evergreen trees, or shrubs which are #2 or #3 container size or larger. The proposed landscape plan calls for planting 69 deciduous trees, 6 13 evergreen trees, 75 ornamental trees, 1,215 shrubs, and 1,203 perennial plants. With this plan the overall tree replacement is 812 caliper inches of trees (allowing for tree and deciduous shrub replacement). This is 1,657 caliper inches short of the required tree replacement (662 trees that are 2.5 caliper inches in size). In reviewing the grading plan it appears that the developer could save additional trees in several areas as follows: 1. The large cottonwood tree located on the north side of the property, adjacent Frost Avenue (48-inch tree) could easily be saved due to the fact that the tree is located so close to the property line and there is limited grading in this area. According to the Historical Preservation Commission, this tree was included in a published book about Maplewood's Heritage Trees by Joe Quick and every possible effort should be used to preserve it. 2. Three specimen oak trees and at least ten other significant trees could be saved on the northeast corner of the property by moving the most easterly retaining wall to the west. 3. Approximately eight significant trees could be saved on the north side of the wetland by moving the retaining wall to the north, toward the building. The developer should revise the tree preservation plan to include these attempts at saving additional trees. Once the revised tree plan is submitted, city staff will determine the amount of replacement trees and shrubs necessary. If the developer is unable to plant the required number of replacement trees or shrubs on the property, which is very likely, the tree preservation ordinance allows for the developer to pay into a tree replacement fund at $60 per caliper inch. These trees could be planted along Frost Avenue and East Shore Drive as part of the city's efforts to streetscape this area. If no changes were made to the plan, the developer would be responsible for putting $99,420 in the city's tree fund (1,657 caliper inches x $60 = $99,420). Desion Review The community design review board will review in detail the design elements of the building at their July 24 meeting. As an introduction for the planning commission's information, however, the building is designed as an entryway into the Gladstone neighborhood. As driving east on Frost Avenue the elevation will include a cultured stone frontage and lighthouse corner. The front of the building (toward East Shore Drive) will mirror the northwest elevation with stone building materials and a grand entry. The remaining elevations will be treated with face brick, hardi-panel siding, vinyl windows, cedar trellis, aluminum deck rails, and a small amount of rockface concrete masonry units. The community design review board will also review the proposed lighting, which should be reflective of the city's proposed street lighting along Frost Avenue and English Street; landscaping, which will require revisions to ensure compliance with the city's tree preservation and Shoreland Overlay ordinances; and site plan. OTHER COMMENTS Lieutenant Mike Shortreed, Maplewood Police Department: Refer to Lieutenant Shortreed's comments attached (Attachment 18). In summary, the Maplewood police department anticipates 7 that calls for service to the new facility will increase from the call volume at the former site, but the nature of the calls will be primarily for medical services, opposed to police service. Dave Fisher, Building Official: Refer to Mr. Fisher's comments attached (Attachment 19). In summary, Mr. Fisher states that the building must meet the current International Building Code requirements. Steve Lukin, Fire Chief and Butch Gervais, Assistant Fire Chief/Fire Marshal: Messrs. Lukin and Gervais have discussed the project and both agree that the fire department would prefer that the building be three stories due to concerns about limited access on the west side of the building. Based on the plans submitted, they have the following comments: 1) Need to maintain a minimum of 20 feet of emergency access; 2) fire protection installed and monitored per code; 3) fire alarm installed and monitored per code; 4) fire department standpipes located in stairwells from garage to top floor; 5) fire protection and fire alarm rooms need to be marked; 6) fire department lock box located at main entrance; 7) annunciation panel located at main entrance; 8) any delayed locks shall be tied into the fire panel that will disengage if the alarms are tripped; 9) room direction on each floor needs to be clearly marked; 10) canopy area shall be no less than 13 feet, 6 inches in height. Dave Marruffo, Saint Paul Regional Water Services: Regarding the most southerly water connection - because of sewer crossing, we need to see plan and profile of water pipe. Remove gate valve closest to building. Does the fire department want the hydrant on the westerly side of the building? Can they get to it if the building is on fire at that location? Regarding the most northerly water connection - because of sewer crossings, we need to see plan and profile of water pipe. Remove gate valve closest to building, install gate valve on hydrant lead. In general notes, state that the project will maintain an 8-foot cover and refer to St. Paul Regional Water Services Standards for water main installation. Historic Preservation Commission: The Shores development was reviewed by the Historic Preservation Commission at their May 15 meeting. The commission had two recommendations as follows: 1) signs indicating the previous long-term use of the property (St. Paul Tourist Cabins) should be constructed at the entrance or inside the gathering areas of the building; 2) preserve the large cottonwood tree located along Frost Avenue, adjacent the existing entrance. This tree was included in a published book about Maplewood's Heritage Trees by Joe Quick. Molly Wellens, Environmental Health Officer: Ms. Wellens will conduct a full commercial kitchen and board and lodging review of this facility. Ms. Wellens has requested that the contractor submit the following plans for review: 1) site, building, floor plans; 2) room and area finishes, including floors, walls, ceilings, baseboards; 3) equipment layout; 4) equipment specification: 5) a certified food manager certificate; 6) room size and maximum/proposed occupancy: 7) exits to hallways or outdoors, fire escapes and window locations; 8) floor and wall finishes; 9) location of automatic dispensing ice machines; 10) location of laundry facilities and storage areas; 11) location of any and all remote/miscellaneous kitchens. Travis Germundson, Minnesota Department of Natural Resources: It appears that the proposed planned unit development for the four-story building within the Shoreland Overlay District of Phalen Lake meets the city's shoreland requirements. Dan Soler, Ramsey County Public Works: Refer to Mr. Soler's letter attached (Attachment 20). In summary, Mr. Soler states that Frost Avenue and East Shore Drive are both county roadways that are in the process of being turned back to the city. Traffic improvements to accommodate 8 this and other development projects in the area have been identified in the Gladstone Area Redevelopment Master Plan AUAR, of which the county is in agreement with the traffic mitigation measures proposed. RECOMMENDATIONS 1. Approve the comprehensive land use amendment resolution attached (Attachment 21). This resolution adds a definition for the Gladstone High (G-H) land use designation of allowing 12 to 30 units per acre for the property at 940 Frost Avenue. The city bases these changes on the following findings: a. The land use plan change is based on eight specific Maplewood comprehensive plan land use and housing goals as follows: 1) Provide for orderly development. 2) Protect and strengthen neighborhoods. 3) Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4) Minimize the land planned for streets. 5) Minimize conflicts between land uses. 6) Provide a wide variety of housing types. 7) Provide safe and attractive neighborhoods and commercial areas. 8) Plan multi-family housing with an average density of at least 10 units per acre. b. The land use plan change is based on four specific Maplewood comprehensive plan land use policies as follows: 1) Include a variety of housing types for all types of residents. 2) Disperse moderate-income developments throughout the city near bus lines. 3) Support innovative subdivision and housing design. 4) Protect neighborhoods from activities that produce excessive noise, dirt, odors or which generate heavy traffic. 2. Approve the public vacation resolution attached (Attachment 22). This resolution is for the public vacation of 20 feet of right-of-way along East Shore Drive and the vacation of a sanitary sewer easement located on the west side of the property at 940 Frost Avenue. Prior to the city recording this resolution, the applicant must complete the following: a. The applicant shall grant the city a right-of-entry to complete the sanitary sewer abandonment work. b. The applicant shall dedicate additional right-of-way to the city at the southwest corner of the Frost Avenue and East Shore Drive intersection for the construction of the proposed roundabout. 3. Approve the preliminary plat date stamped April 19, 2007, for The Shores (previously called Lake Phalen Estates) located at 940 Frost Avenue. Approval is subject to the following conditions: 9 a. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 22,2007 review and SEH engineering consultant's May 17, 2007 review. b. Prior to final plat approval, the following must be submitted for city staff approval: 1) Drainage and utility easement agreements around all public storm water facilities on the site. 2) Dedication of a ten-foot-wide drainage and utility easement along the south side of Frost Avenue, along the entire northerly boundary of The Shores property. 3) Dedication of a ten-foot-wide sidewalk and trail easement along the south side of Frost Avenue, along the entire northerly boundary of The Shores property. 4) Rename the plat The Shores. c. Record all easements agreements with the final plat. 4. Approve the conditional use permit resolution attached (Attachment 23). This resolution approves the conditional use permit for a 180 senior housing planned unit development within the Shoreland Overlay District of Phalen Lake. a. Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 22, 2007, review and SEH engineering consultant's May 17, 2007 review. b. All construction shall follow the plans date-stamped April 19, 2007, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. c. The project is approved with 100 underground parking spaces, 27 surface parking spaces, and 20 proof of parking spaces. This is a parking reduction of 230 parking spaces (360 parking spaces are required per city code). d. The project is approved with a 141 square foot floor area reduction in the required unit floor area for the memory care and assisted living units (580 square foot units are required per city code; 490 to 509 square foot units are proposed). e. The project is approved with a 0.5-foot parking space width reduction (9.5 foot wide parking spaces are required per city code, 9-foot wide parking spaces are proposed). f. The project is approved with storage space less than the required 120 cubic feet per unit for the memory care and assisted living units. g. The project is approved with four floors. 10 h. All signs on the property must be approved by the community design review board. i. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. j. The city council shall review this permit in one year. 11 CITIZEN COMMENTS I surveyed the owners of properties within 500 feet of this site as required by city code (25 property owners) as well as all property owners within the Gladstone study area (360) and other properties if requested (approximately 5). Of the 390 surveys sent, the city received 8 responses as follows: In Favor 1. Rosemarie McMann, 1880 Manton St N., Maplewood (sent via mail): I like the Phalen Estates Plan. My huge concern as well as many, many other Gladstone families is; when will the rest of Gladstone be developed? Are you completing the Estates before you start moving up Frost? Could we hear or read some timeline for the rest of this Gladstone project? Our fear is the Gladstone plan, which was so exciting to hear about at first, is no longer exciting. We need consistent updated information. The word is, it will be years before the project is completed! How sad, some of us may no longer be living here. Keep us informed, don't let the project die along the way. Move on, move on!! We're looking forward to a coffee shop where we can walk and meet other neighbors. 2. Gloria Hansen, 1872 Phalen Place N., Maplewood (sent via mail): On behalf of my husband (LeRoy) and myself, we are very excited about the coming senior housing development. We have lived on Phalen Place 54 years - would like to spend our remaining years in this very special area. Knowing assisted living units will be available is a great plus. I guess my main question is - how long will it be until the project is finished? Concerns 1. Wayne Sachi, 1100 Frost Ave. E., Maplewood (sent via mail): I question whether this project really needs TIF if it is going to have 100 market rate units. I recall that initially the project was going to be 150 units total with no TIF. 2. Deleano Benjamin, 4131 Wenzel Avenue, Eagan (owner ofthe Maplewood Bowl property at 1955 English Street): Refer to Mr. Benjamin's e-mail (Attachment 24). 3. David Bartol, 1249 Frisbie Avenue, Maplewood: Refer to Mr. Bartol's letter (Attachment 25). 4. Sue Broin, 1221 Ripley Avenue E., Maplewood: Refer to Ms. Broin's e-mail (Attachment 26). 5. Ann Drexler, 1175 Ripley Avenue, Maplewood: Refer to Ms. Drexler's e-mail (Attachment 27). Opposed 1. John Wegleitner, 1082 Fenton Avenue, Maplewood: Refer to Mr. Wegleitner's letter (Attachment 28). 12 REFERENCE INFORMATION SITE DESCRIPTION Site Size: Existing Land Use: 7.03 Acres Vacant - Formerly a Manufactured Home Park SURROUNDING LAND USES North: South: East: West: Frost Avenue and Gateway Trail and Keller Golf Course Across the Street East Shore Drive and Phalen Lake Across the Street Single Family Houses Four-Story Apartment Complex PLANNING Existing Land Use: Existing Zoning: Medium Multiple Dwelling Residential (R-3M) Gladstone High (G-H) CRITERIA FOR APPROVAL Land Use Plan Chanqe: There are no specific criteria for a land use plan change. Any land use plan change should be consistent with the goals and policies in the city's comprehensive plan. 1. The land use plan has eleven general land use goals. Of these, three apply to this proposal including minimize land planned for streets, minimize conflicts between land uses and provide many housing types. 2. The land use plan also has several general development and residential development policies that relate to this project including: a. Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. b. 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-family housing, public-assisted housing and low- to moderate-income housing, and rental and owner-occupied housing. c. Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. 3. The housing plan also has policies about housing diversity and quality that the city should consider with this development including: a. 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. b. The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. c. 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. 13 Criteria for Public Vacations Minnesota Statutes, Section 412.851 states that the council may by resolution vacate any street right-of- way on its own motion or on petition of a majority of the owners of land abutting the right-of-way. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing proceeded by a two-week published and posted notice. There are no formal criteria for approval of a public sewer easement vacation. However, the vacation of the easement should be in the best interest of the public at large. Criteria for Preliminary Plats Section 34-6 states that the city council may require such changes or revisions of a preliminary plat as deemed necessary for the health, safety, general welfare and convenience of the city in addition to other conditions as outline in the subdivision ordinance. Criteria for Conditional Use Permit Approval Article V, Sections 44-1091 through 44-1105 states that the city council may grant a CUP subject to the nine standards for approval noted in the conditional use permit resolution attached. Application Date We received the complete applications and plans for this development on July 23. 2007. State law requires that the city take action within 60 days of receiving complete land use applications unless the applicant agrees to an extension. Because of revisions made to the building by the applicant, the applicants have agreed to extend city review until September 27,2007. Attachments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. P\Sec16\St. Paul Tourisl Cabin\7-17-07 PC 15. Applicant Narrative Location Map Land Use Map Zoning Map Architectural Site Plan Plat Site Plan Preliminary Plat Grading and Erosion Control Ulilily Plan Landscape Plan Landscape Detail Rain Garden Detail Building Elevations Gladstone Neighborhood Redevelopment Plan - Guiding Principles Gladstone Neighborhood Redevelopment Plan - Development Strategies for St. Paul Tourist Cabin Site Assistant City Engineer Comments SEH Engineering Review Lieutenant Shortreed Comments 16. 17. 18. 19. 20. David Fisher, Building Official, Comments Dan Solar, Ramsey County Public Works, Comments Comprehensive Plan Amendment Resolution Public Vacation Resolution Conditional Use Permit Resolution Deleano Benjamin Comments David Bartol Comments Sue Brain Comments Ann Drexler Comments John Wegleitner Comments 21. 22. 23. 24. 25. 26. 27. 28. 14 Attachment 1 April 11. 2007 .---."''''"''''' / , ._...n~Q,,;:ro: /____~~ ~O<= Shann Finwall City Planning City of Maplewood 1830 County Road BEast Maplewood, MN 55109 Lake Phalen Estates; Gateway to Gladstone (proposed projecl signage along Frost Ave) Dear Shann: Introduction On behalf of Bart Montanari and Dabar Development (the project owner), please let this letter, along with the application, serve as the introduction to our submittal for 180 units of senior housing we call Lake Phalen Estates; proposed on the site of the former Saint Paul Tourist Cabin site at 940 Frost Avenue. Application Requests Knowing that this project has already been approved in your comprehensive plan to have 180 units of senior oriented housing we ask in this application to come before the Planning Commission, Community Design Review Board and City Council to for the following: 1. Vacation of the existing sewer which is shared between lots and coordination of a new line to city sewer services. 2. Preliminary Plat Approval 3. Community Design Review Board approval for project function and appearance 4. Conditional use permit for the P.U.D. a planned unit development for the development of senior housing within the shoreland overlay district. If preliminary plat is approved; process will flow through the county for recording of the plat and then a final plat approval would be requested at a public hearing. Goals of the project It is the hope of the development team that this project will fulfill many community based goals: 1. Become the Gateway to the Gladstone Neighborhood. The Frost Avenue Fagade with its Lighthouse Corner and Stone base will be a great asset to the Community (see signage shown above). kaas wilson architects 3081Slh street east, suite 301, Minneapolis, MN 55404 Iinkw@kaaswilson.com 2. Clean up a blighted site, that was a nuisance to the police department as well as uncapped wells and pOlluted runoff that flowed into Lake Phalen. 3. Senior Housing with services; the best use of the site. If you look at statistics from the state demographer's office you will see that every large city in Minnesota will have a significant need for senior housing. Senior Housing with services will help to stem the health care crisis that is closing in our nation at large. 4. It is the goal of this project to be a place where seniors in the community can come to use the supervised common spaces within the building. The goal is to make the supervised common areas of the building a community asset. 5. The project will create over 120 jobs that, with city bus service, could all be locally supported by Maplewood residents. 6. The project will clean up significant storm water runoff from Frost Avenue and the site that is currently polluting Lake Phalen. 7. The project will re-align a malfunctioning sewer system that is running adjacent to the site. Narrative of the Services The project will provide 3 meals a day to the residents of the building. There will be 15 transitional care suites in the building to help people who are transitioning out of the hospital. It will have 20 memory care apartments with secure common areas for people with light dementia. There will be 45 assisted living units with kitchens in each apartment, but 3 meals a day will be provided in the spacious dining and cafe spaces. There will be 1 OOindependent living apartments along with underground heated parking for these residents, although we are finding that most of these residents no longer drive. There is a covered port couchere at the front entry where a min- bus can pick up and drop off residents to local shops, clinics and services. However, the building is somewhat self contained with nearly 100,000 square feet of commons. There will be a beauty shop and spa, general store, bank and deli. There will be a club room open to seniors in the community. 2 spacious dining areas, a cafe/deli space, library, computer center, billiard lounge, spacious chapel, craft room, exercise/fitness room, great room for dance classes, step classes and similar functions along with a fully functioning movie theater with a popcorn kiosk across the hall. The spaces are designed to promote activity and interaction amongst guests, clients and staff. The building will be staffed by Walker Methodist who is a partner in the project and who has nearly 100 years of service to seniors in the twin cities. Description of Building Exterior. From the integrated stone signage marking the entrance to the Gladstone neighborhood to the stone fac;:ade along Frost and the main entry it is the goal that this be a class A facility for the city of Maplewood. The remainder of the building will be hard i-Panel, hard i-Plank and brick. All facias and soffits will also be maintenance free. kaas wilson architects 308 1811l street east, suite 301, Minneapolis, MN 55404 Iinkw@kaaswilson.com Mechanical equipment over the kitchen will be screened along Frost Avenue as well as residential ground based air-conditioners which will have a landscape screen (there will be a total of 10 ground based residential sized air-conditioners). The project will get no closer than 55' from the street except at the one story stone clad kitchen component that sits 15' off of the Frost Avenue property line. However, it is designed to look like an accessory building to the project and it also acts as a screen to the loading area as it intersects with a stone site wall that also hides the loading area. Project Exceptions Because of the tremendous water infiltration requirements of a project that sits in the shoreland of Lake Phalen, the site essentially becomes a large retention basin for water. It will be landscaped and have a garden feel as trails meander through it. However, upon project completion many of the existing trees will be removed. We are keeping as many trees as we can at the northeast corner of the site at the entrance to the Gladstone Neighborhood. The trees however, per city code will be replaced in kind. There are storage lockers for 150 residents within the facility. However, for the care suites and the memory care, their belongings will be kept in one large storage area attended by staff. Technically every resident has a place to store their excess belongings City code has a minimum square footage for apartment units, The assisted living efficiency sized units the memory care and care suites fall under this minimum size. However, all of the residents in these units are receiving care and mandatory 3 meals a day. This is a very different living environment than a free standing apartment building with no services. We look forward to clarifying any questions that staff or citizens have regarding this proposal Sincerely, Kaas Wilson Architects Link Wilson AlA, CSI, LEED ap kaas wilson architects 308181h street east. suite 301, Minneapolis, MN 55404 linkw@kaaswilson.com 940 Frost I Cabin Site N w s Ramsey County Park E Keller Golf Course Parkvie;v Court Apartments Phalen Lake Attachment 2 Flicek Park Location Map Attachment 3 Phalen Lake Legend Open Space (0) Single Dwelling Residential (R-1) Gladstone High High Multiple Dwelling Residential (R-3H) N w E Land Use Map s Attachment 4 940 Frost Avenue Zoned R-3 "=~,~~ / i' ... /~ Ii J"r(J~t?,V€!FlQ~~-~ ... ""Q '~':.-:: ','_, ,'\' ", , !""..__u"": " 8! ~. .... - -~-- \-,<,,' 0 ' L:-_~--:" <'.,,'ff .... '. . . . -- p~ 'dJ- - .. .~-~----,. . " ,,:' ., n."'_" ----..., - / , I j-" - Phalen Lake .-- --, . - ':: i ~- ~ Legend - Farm Residence ____ Single Dwelling Residential (R-1) .--- Multiple Dwelling Reisential (R-3) N w E Zoning Map s ~ " i dl .. 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S ~ < _ r. ~ ~ ~ r. ~ :;; ~ ','" ~ ~. ~ ;? u ,...;. :r. o ~ .... ~ " '" ::::;-:' Co> r: ""l *" :7. "C ~ ~ *' :;r :;;. rIc:.~ ;=. ~ ~ ''-' ~ ~ ~ c ~ - ~, c " ~ ~ ~: - :? f g [3 r. ~ ~ r:. ~ 3 ::. ~ - ~ c: ~ ~, ~ r. " ~ ;l 8' ~:;' '"' ,~ ~ r. ~ ~ :0- r. ~ C- o ~.:r. 3' -:-- - ;:: C'; ~ c ~ ~ ~ ~ ~ ~ - 1 c g " '.f. ;: Attachment 16 Enldneering Plan Review DATE: Lake Phalen Estates 07-13 Jon Horn (Kimley-Horn & Associates) Erin Laberee, Assistant City Engineer May 22, 2007 PROJECT: PROJECT NO: REVIEWED BY: General Engineering Comments 1. The City is planning improvements along Frost A venue and East Shore Drive in conjunction with the proposed Lake Phalen Estates development. The improvements are proposed to include the following: o A 2" mill and overlay along Frost Avenue from TH 61 to Phalen Place. o The construction of a roundabout at the Frost Avenue and East Shore Drive intersection. o The installation of street lighting along Frost Avenue from TH 61 to Phalen Place. o The installation oflandscape/urban design enhancements along Frost Avenue from TH 61 to Phalen Place. o The construction of a bus stop along the south side of Frost Avenue along the northerly boundary of the Lake Phalen Estates property. o The construction of a 6' wide concrete sidewalk along the south side of Frost Avenue from East Shore Drive to the west along the northerly boundary of the Lake Phalen Estates property. o The construction of a 6'wide concrete sidewalk along the west side of East Shore Drive from Frost Avenue to the south along the east boundary of the Lake Phalen Estates property. The proposed site improvements for the Lake Phalen Estates development must be coordinated with the proposed public improvements along Frost Avenue and East Shore Drive. 2. The City is planning to construct storm water detention and treatment facilities within the boundaries of the Lake Phalen Estates property. The developer shall coordinate their site improvements with the public stoIDlwater improvements to be constructed on the property by the City. Traffic I. The proposed access onto Frost Avenue from the proposed Lake Phalen Estates property shall be for service access only. The City shall construct the driveway apron for this 1 access as a part of the public improvements on Frost Avenue. The developer shall coordinate the location and width of the driveway access with City engineering staff. 2. The two proposed driveway entrances onto East Shore Drive are acceptable. The City shall construct the driveway aprons for these accesses as a part of the public improvements along East Shore Drive. The developer shall coordinate the location and width of the driveway accesses with City engineering staff. Grading and Erosion Control 1. Erosion control measures/inlet protection shall be installed to protect existing storm sewer structures along Frost Avenue and East Shore Drive during grading operations on the site. Utilities 1. The City shall abandon a segment of existing sanitary sewer along the westerly boundary of the Lake Phalen Estates property. The developer shall grant the City a right-of-entry to complete the sanitary sewer abandonment work. 2. The City will install sanitary sewer, storm sewer, and watermain service stubs as a part of the public improvements along East Shore Drive. The developer shall coordinate the location of the services with City engineering staff. Storm Drainage Svstem See SEH Memorandum dated May 17,2007 for comments on the proposed stoml drainage system. 1. The engineer shall ensure that the existing drainage pattern near the apartment complex entrance is improved and positive drainage is provide away from the entrance. Landscape 1mnrovements 1. The proposed landscape improvements on the site shall be coordinated with the proposed public landscape improvements along Frost Avenue and East Shore Drive, including the type and location of plant materials. 2. The development plans identify the need to install 988 - 2.5" caliper trees to replace existing trees that will be removed from the site. The landscape plans do not currently show the installation of the required replacements trees within the boundaries ofthe development site. The developer shall work with City staff to identify possible locations for the replacement trees, including the possible installation of the required trees within the public right-of-way along Frost Avenue and East Shore Drive. 2 Right ofWav/Easements 1. Drainage and utility easements shall be provided around all public storm water facilities on the site. The exact location and extent of the easements shall be coordinated with City engineering staff. The developer shall provide the City with right-of-entry over Lake Phalen Estates property to allow for the construction of the public storm water facilities. 2. The developer shall dedicate a 10' wide drainage and utility easement along the south side of Frost Avenue along the entire northerly boundary of the Lake Phalen Estates property. 3. As shown on the Preliminary Plat, the developer shall dedicate a 10' wide sidewalk and trail easement along the south side of Frost Avenue along the entire northerly boundary of the Lake Phalen Estates property. 4. As shown on the Preliminary Plat, the City is proposing to vacate 20' of existing right-of- way along the west side of East Shore Drive. 5. As shown on the Preliminary Plat, the developer shall dedicate additional right-of-way to the City at the southwest corner of the Frost Avenue and East Shore Drive intersection for the construction of the proposed roundabout. Agreements 1. The developer shall enter into a developer's agreement for any public improvements required for this development. 2. The developer shall enter into a maintenance agreement for the annual maintenance of the proposed best management practices. , .J Attachment 17 Jt. SEH MEMORANDUM TO: Erin Laberee, PE Assistant City Engineer City of Maplewood FROM: Ron Leaf, PE Susan Severa, PE SEH DATE: May 17,2007 RE: Review - Tourist Cabins Site SEH No. SEH staff has conducted a review of the site plan for the Tourist Cabins site, Lake Phalen Estates, located at the southwest corner Frost Ave and East Shore Drive. This memorandum is intended to summarize our findings and identify any general concerns or potential problems with the proposed system. Drainage System Routing and Treatment The submitted plans reflect the general site layout including rain gardens and a wet pond which will provide rate control and water quality treatment for Lake Phalen Estates and a portion of Frost Ave and East Shore Drive. From the submitted soil borings and proposed impervious, we have used the Watershed District's volume reduction worksheet to deternline that the proposed new impervious from the site can be treated in the rain garden system. The current layout provides enough area to meet the Watershed's volume control requirements for the entirety of Lake Phalen Estates, 7.03 acres, as well as an additional impervious acreage that can be routed to or through the site from Frost Ave and East Shore Drive. The general location of the facilities has been reviewed based on the existing contours and drainage patterns. During a recent discussion with Douglas Stahl, the developer's engineer, regarding the proposed locations ofthe rain gardens and wet pond, we suggested moving the stornl water pond from the southern end of the site to the location of the rain garden between the entry drives. The site for the proposed wet pond at the southern end of the property can then be used as a large rain garden, and the wet storage pond in the revised location can be used as a pre- treatment cell prior to flowing into the succeeding rain gardens. Mr. Stahl indicated flexibility within the site plan for the type of treatment systems proposed. 1 Portions of stoml water from the reconstruction of Frost Avenue can be routed into a rain garden along the north central location of the site. Prior to discharge into this rain garden, a sump manhole should be installed within the road right of way. Should the wet storage pond be relocated as described above, water from East Shore drive can be wuted into the pond prior to receiving enhanced treatment in the downstream rain garden system. According to the submitted plans, no impacts are anticipated to the existing wetland within the Lake Phalen Estates site. The City may desire to enhance this wetland as part of the larger stoml water management program for the Gladstone area. It is our intent to continue working closely with the Lake Phalen Estates developer in order to best meet the proposed development's as well as the City's stoml water management needs. rl/sls c: Jon Horn, PE - Kimely-Horn Associates c\documcmSilndscllings\sscvcru\mydocumcnIS\lourislcabin,doc 2 Attachment 18 Maplewood Police Department Memo To: Shann Finwall From: Lt. Mike Shortreed ,')11 f),J "'rJ.77 cc: Chief of Police David Thomalla Date: May 29, 2007 Re: PROJECT REVIEW - Lake Phalen Estates After reviewing the attached proposal for the Lake Phalen Estates project, I have the following comments and suggestions: 1) Construction site thefts and burglaries are a large business affecting many large construction projects throughout the Twin Cities metro area. The contractor/developer should be encouraged to plan and provide for site security during the construction process. On-site security, alarm systems. and any other appropriate security measures would be highly encouraged to deter and report theft and suspicious activity incidents in a timely manner. 2) Appropriate security and exterior lighting should be provided and maintained in order to assure that entry to and exit from the facility is readily recognizable and accessible. 3) Appropriate staffing should always be available to assure that residents with Alzheimer's disease or dementia do not walk away from the facility, especially with several roadways and a lake located within walking distance of the facility. 4) The Maplewood Police Department anticipates that calls for service to the new facility wi\1 increase from the call volume at the former site, but the nature of the calls will be primarily for medical services. As such, it is highiy encouraged that all entrances and exits on the building are clearly marked in order to expedite the arrival of medical personnel. If there are any questions or concerns regarding these comments or suggestions, please contact me at your soonest convenience. I can be reached via phone at (651)249-2605 or via email atmichael.shortreed@cLmaolewood.mn.us. 1 Attachment 19 Memo To: Shann Finwall, Planner From: David Fisher, Building Official Re: The Shores, 940 Frost Avenue - Proposed Public Vacation, Preliminary Plat, CUP far a PUD & Design Review Date: May 9,2007 _ The city will require a complete building code analysis when the construction plans are submitted to the city for building permits. - All exiting must go to a public way. _ Verify the building meets all the requirements for noise based on the Minnesota Guide to Noise Control in Minnesota from the MPCA. Provide adequate fire department access to the buildings. _ The building setbacks must comply with the 2000 IBC for exterior wall protection. Retaining walls over 4 feet require engineering and a building permit. Provide fire sprinklers to NFPA 13. Building must meet the current IBC requirements. Verify whether the 2000 or 2006 IBC building code has been adopted by the State of Minnesota at time of building permit application. I would recommend a pre-construction meeting with the contractor, the project manager and the city building inspection department. RAMSEY COUNTY TO: FROM: SUBJECT: DATE: Attachment 20 Department of Public Works Kenneth G. Haider, P.E., Director and County Engineer 1425 Paul Kirkwold Drive Arden Hills, MN 55112-3933 . (651) 266-7100 . Fax (651) 266-7110 E-mail: Public.Works@co.ramsey.mn.us MEMORANDUM Shann Finwall City of Maplewood Dan S6I~;~/~ Ramsey <jIu'nty Public Works Fonner tourist Cabin Site Frost A venue at East Shore Drive May 9,2007 I have reviewed the site plan for the Lake Phalen Estates residential development in the proposed at the intersection of Frost A venue and East Shore Drive in the City of Maplewood. The County has the following comments regarding this plan. I. Frost A venue and East Shore Drive are both county roadways that are in the process of being turned back to the City of Maplewood. The city will then have jurisdiction over these routes. 2. Traffic improvements to accommodate this and other development projects in the area have been identified in the Gladstone Area Redevelopment Master Plan AUAR. The County is in agreement with the mitigation measures identified in the AUAR and will work with the City on implementation. Thanks for the opportunity to make comments regarding this site plan. If you have any questions or need any additional information please give me a call. Minnesota's First Home Rule County l'rinh'd Oll H'l')Th'lll'api'f willi 3 lIlinilllllllln! un; plIOl.ron,lIll1l'r ('"nIl'll! '0:':::' Attachment 21 CITY OF MAPLEWOOD RESOLUTION NO. COMPREHENSIVE PLAN LAND USE PLAN AMENDMENT WHEREAS, the city is proposing to clarify the Comprehensive Land Use Map with definitions for three new land use designations. WHEREAS, the Gladstone land use designations were created to ensure developments in the Gladstone area are consistent with the approved March 12, 2007, Gladstone Neighborhood Redevelopment Plan; which is a plan to guide future developments in the area with a mixture of 650 new housing units and neighborhood commercial and retail uses. WHEREAS, the history of this change is as follows: 1. On March 12, 2007, the City Council amended the Comprehensive Land Use Plan map to reguide the properties in the Gladstone area from mainly commercial properties to three new land use designations called Gladstone High, Gladstone Medium, Gladstone Mixed Use. No subsequent definitions were adopted for these land use definitions. 1. On July 17, 2007, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive land use plan amendment. 2. On , the city council discussed the comprehensive land use plan amendment. They considered reports and recommendations from the planning commission and city staff. WHEREAS, the city council approved the above-described comprehensive land use plan amendment for the following reasons: 1. The land use plan change is based on eight specific Maplewood comprehensive plan land use and housing goals as follows: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. e. Minimize conflicts between land uses. f. Provide a wide variety of housing types. g. Provide safe and attractive neighborhoods and commercial areas. h. Plan multi-family housing with an average density of at least 10 units per acre. 1 2. The land use plan change is based on four specific Maplewood comprehensive plan land use policies as follows: a. Include a variety of housing types for all types of residents. b. Disperse moderate-income developments throughout the city near bus lines. c. Support innovative subdivision and housing design. d. Protect neighborhoods from activities that produce excessive noise, dirt, odors or which generate heavy traffic. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, as follows: The City of Maplewood adopts the definitions for the Gladstone land use designations as follows: Gladstone Medium (G-M): Locations with attached housing units with densities ranging from 7 to 12 units per acre. Gladstone High (G-H): Locations with stacked housing units with densities ranging from 12 to 30 units per acre. Gladstone Mixed-Use (G-MU): Locations where it is appropriate to allow commercial and residential uses on the same site. Residential uses should range from 20 to 30 units per acre and should encompass 60 percent of the mixed use designation. The Maplewood City Council adopted this resolution on 2 Attachment 22 PUBLIC VACATION RESOLUTION WHEREAS, Link Wilson, Kaas Wilson Architects Representing the Developer, Bart Montanari of Dabar Development and the Property Owner, Philip Johnson of PU, Inc., has applied for the vacation of a portion of the East Shore Drive right-of-way adjacent the property at 940 Frost Avenue and a sanitary sewer easement located on the west side of the property at 940 Frost Avenue as follows. Right-of-Way: The westerly 20-feet of East Shore Drive running the entire length of the property at 940 Frost Avenue. Sanitary Sewer Easement: Part of E. 10 acres of the W. 20 acres of Government Lot 2 described as follows: Beginning at intersection of W. line of said 10 acres and S'ly line of Frost Ave. as now located; thence S. 27'06' E. a distance of 811.06 feet to intersection of E. line of said 10 acres and N'ly line of East Shore Drive; thence N. on said E. line 189.3 feet; thence W. at right angles 67.5 feet; thence NW'ly at an angle of 61057' to the right a distance of 613.05 feet to said S. line of Frost Ave.; thence SW'ly thereon 17.3 feet, more or less to beginning; all in Sec. 16, T. 29, R. 22, together with that portion of the above described land S. of the previously described line which lies W. of a line running NW'ly from the SE corner of the said E. 10 acres of the W. 20 acres of said Government Lot 2 to a point 189.02 feet N. of and 50 feet W. of said SE corner, which easement shall include the perpetual right of said Village of Maplewood, its successors or assigns, to construct, maintain, operate and repair underground sewer mains, pipes and appurtenances over and across the strip of land hereinbefore described, together with perpetual easement for ingress and egress, all without additional compensation. WHEREAS, the history of these public vacations is as follows: 1. On July 17, 2007, the planning commission held a public hearing about the proposed vacations. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the vacation. 2. On , the city council reviewed this proposal. The city council also considered reports and recommendations of the city staff and planning commission. WHEREAS, after the city approves the vacation of the right-of-way, public interest in the right-of-way property will go to the following abutting property: Address: 940 Frost Avenue Property Identification Number: 162922310024 Existing Legal Description: That part of Government Lot 2, Sec. 16, T. 29, R. 22, Ramsey County, Minnesota which lies S' of Frost Avenue as described in Document No. 1999021, W' of Frost Avenue Connection as described in Document No. 1999021, N' of East Shore Drive as described in Document No. 367903, and NE' of a line described as commencing at the center of said Section 16, thence S 89 degrees 32 minutes 38 seconds W, assumed bearing, along the N line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said government lot 2 as measured along the N line of said East Shore Drive and said line there terminating. New Legal Description (After Platting): Lot 1, Block 1, The Shores NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described right-of-way vacation for the following reasons: 1. The city's proposed road improvements along East Shore Drive do not require such a wide right-of-way, and therefore the vacation of the 20-foot-wide portion of the right-of-way is in the public interest and will allow the applicant additional land for development. 2. Installation of sanitary sewer along East Shore Drive is part of the public improvements planned in connection with the development. As such, the existing sanitary sewer line located on the west side of the property will be abandoned and removed. The sanitary sewer easement will no longer be needed and therefore the vacation of the easement is in the public interest. Prior to the city recording the vacation of the right-of-way and sanitary sewer easement the applicant must complete the following: 1. The applicant shall grant the City a right-of-entry to complete the sanitary sewer abandonment work. 2. The applicant shall dedicate additional right-of-way to the City at the southwest corner of the Frost Avenue and East Shore Drive intersection for the construction of the proposed roundabout. The Maplewood City Council adopted this resolution on ,2007. P:\com-dev\sec16\st. paul tourist cabins\public vacation resolution Attachment 23 CONDITIONAL USE PERMIT RESOLUTION NO. WHEREAS, Link Wilson, Kaas Wilson Architects Representing the Developer, Bart Montanari of Dabar Development and the Property Owner, Philip Johnson of PLJ, Inc., applied for a conditional use permit for a planned unit development to construct a 180- unit senior housing complex known as The Shores. WHEREAS, this permit applies to the following property: Address: 940 Frost Avenue Property Identification Number: 162922310024 Existing Legal Description: That part of Government Lot 2, Sec. 16, T. 29, R. 22, Ramsey County, Minnesota which lies S' of Frost Avenue as described in Document No. 1999021, W' of Frost Avenue Connection as described in Document No. 1999021, N' of East Shore Drive as described in Document No. 367903, and NE' of a line described as commencing at the center of said Section 16, thence S 89 degrees 32 minutes 38 seconds W, assumed bearing, along the N line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said government lot 2 as measured along the N line of said East Shore Drive and said line there terminating. New Legal Description (After Platting): Lot 1, Block 1, The Shores WHEREAS, the history of this conditional use permit is as follows: 1. On July 17, 2007, the planning commission held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports from the city staff. 2. On , the city council reviewed this request. The city council also considered reports and recommendations of the city staff and planning commission. 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 22,2007, review and SEH engineering consultant's May 17, 2007 review. 2. All construction shall follow the plans date-stamped April 19, 2007, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. 3. The project is approved with 100 underground parking spaces, 27 surface parking spaces, and 20 proof of parking spaces. This is a parking reduction of 230 parking spaces (360 parking spaces are required per city code). 4. The project is approved with a 141 square foot floor area reduction in the required unit floor area for the memory care and assisted living units (580 square foot units are required per city code; 490 to 509 square foot units are proposed). 5. The project is approved with a 0.5-foot parking space width reduction (9.5 foot wide parking spaces are required per city code, 9-foot wide parking spaces are proposed). 6. The project is approved with storage space less than the required 120 cubic feet per unit for the memory care and assisted living units. 7. The project is approved with four floors. 8. All signs on the property must be approved by the community design review board. 9. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 10. The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on 2 Page 1 of2 Attachment 24 Shann Finwall From: Deleano [deleanob@msn.com] Sent: Saturday. July 07, 2007 3:30 PM To: Will Rossbach; Tom Ekstrand; Kathleen Juenemann; Shann Finwall; Diana Lon9rie; Chuck Ahl Cc: Peter Fischer; David Gageby; Addie W. Benjamin Subject: Tourist Cabin Plans & more Dear Friends, Since I may not be available for the open meeting on this issue, I feel compelled to make a few comments and recommendations regarding the current plans for the old Tourist Cabins site. . The plans appear attractive and well designed. The developer(s) obvously have experience. . I question the proposed 4 story height. We had proposed a 4 story complex long ago but had been discouraged, if not downright forbidden in the Master Plan and its followup, even though we perceived this height as necessary for economic viability as well as a proper anchor for the primary corner of Frost & English. Anything less on our corner would result in much higher risk, and severely diminishe the odds for an anchor project on our corner suitable to the new Gladstone concept. . The overriding purpose of the Master Plan has always been to provide 'convenience and walkability' to Gladstone commercial products & services, most especially for seniors. . It strikes me that the tourist cabin site proposal flies in the face of years of intense planning by so many of the Gladstone's most prominent citizens ... not to mention actual business stakeholders. . How many seniors will be able to walk that distance from the tourist cabin site, even in the summertime, much less winter? . A seniors-housing market at the tourist cabin site would severly dilute the likelihood of a financially viable seniors-oriented site on our corner, where many of the residents needs could be addressed right at the bottom of their elevator ... or within easy walking distance. . Seniors at the tourist cabin site would find the enhanced Savanna anything but convenient. Certainly not compared to having it right across the street. Of course, the same would hold true for access to their needed products and services. . It would seem to me the tourist cabin site would be far more logical... and significantly more profitable ... were that site devoted to residents of all ages who wish to live near, take full advantage of, and are willing to pay the price for proximity to a beautiful lake. This new tourist cabin site complex could make easy lake access within financial reach to many who cannot afford such access as currently exists (or is simply not available). . There has never been a time since the very beginning of the new Gladstone proposal that it wasn't clear to everyone involved that one of the primary purposes of all this effort and expense would be to conveniently service our seniors, as well as existing nearby residents. On Frost & English, seniors would be close to new stores & services, literally across the street from a beautiful new Savanna, only a block away from the trails, enjoy underground parking, and they would enjoy a level of walkability warmly embraced all over Europe, but rarely seen in the U.S. In essence, I am recommending: 1. The tourist cabin developers be 'encouraged' to pursue the logical and more profitable market of 'Easy Lake Access for All Ages." It just makes sense. 2. That the city follow up the Master Plan by opening the doors to Addie and I, or purchasers of our property; for building the financially-viable, 4 story, seniors-oriented, mixed-use complex of which the Gladstone, the nearby neighborhoods, and the City of Maplewood, could be justifiably proud. 7/9/2007 Page 2 of2 3. This prestigious anchor could then serve as the motivation and prototype for ongoing improvements to the Gladstone business community, its surrounding citizenry, and the city's tax base. After all; the city, the Gladstone neighbors, the business community (stakeholders), David Gageby, Gene Holland, Addie & I, and other developers waiting in the wings, all clearly recognize the Gladstone business community is in a rapidly declining rut. And need I remind anyone, that the only difference between a rut and a grave ... is the depth. Waddaya say? Is our Maplewood leadership bold enough, courageous enough, and far-sighted enough to return to the position of actually 'leading' the Gladstone bandwagon onto the road of progress? Let's face it. Communities all over the Twin Cities are leaving Maplewood in their dust. Give us 'economic viability' ... plus genuine progress on the Savanna & city improvements ... and Addie and I will jump right back into the process I personally instigated over FOUR years ago. Without economic viability, and visual progress on the Savanna, we feel our hands have been tied. 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From: sue-me1@juno.com Sent: Friday, May 25, 2007 12:40 PM To: Shann Finwall Subject: The Shores Development Proposal Shann- While I'm in favor of a senior housing development like the one proposed by Mr. Montanari, I do not support establishing a TIF district for the fonner St. Paul Tourist Cabin Site area as a way for Mr. Montanari and his group to increase their profit margin. Didn't Mr. Montanari and his group at one time represent to the City Staff and Maplewood City Council that they could redevelop this site without TIF? Why the change? Sue Broin 5/25/2007 Attachment 27 Shann Finwall From: Sent: To: Subject: Ann Drexler [anndrexler@yahoo.com] Friday, May 25, 2007 1:47 PM Shann Finwall Lake Phalen Trailer Court Sir: I don't understand why that valuable land should have our taxes to develop it. Ann Drexler 1175 Ripley Ave. Gladstone 1 Attachment 28 :'>:'"IVED ._ .j I.:. MAY J. '7 Z007 To: Shann Finwall, AIep - Planner ...........~..~qO~ From: John Wegleitner, Gladstone Resident 9~ cJ.e.~ Date: May 15,2007 Subject: Montanari Housing Project I am very concerned about the addition of any senior development with assisted living and memory loss services in our neighborhood. I live at 1082 Fenton which is a stone's throw from your proposed development. I have rarely, if ever voiced my concerns to elected officials. You could say that I am just one of the silent tax payers who goes to work, pays taxes, and leaves your offices alone. However, for the first time ever (46 years), I feel compelled to express my deepest concern to you. When you look around the 10 mile radius of the proposed site, you will see a plethora of "For Rent" signs and vacancies at all ofthe condos, townhouses, multi-housing facilities around Maplewood and the surrounding communities. Quite simply, there is too much supply and not enough demand for this type of housing. I believe strongly that local government should stay out of the multi-unit housing business. I believe that if such a facility is built, it will remain vacant like most of the other multi-unit housing in the ten mile radius of your proposal. It is my belief that the market should "drive" development and not government subsidies. For this reason, I do not support tax increment fmancing (TIF) for this project or any other housing project. Originally, Montanari said he was able to proceed with his project without TIF - now he is telling us that because of the downturn in the market he needs "support" in the way ofTIF. Ifthe market can not support and drive this development, then why should the government? Government subsidized (TIF) housing and commercial mixed use development projects have as much potential (if not more) to be vacant once they are built. I believe that once the Montanari High Rise is built it has a high potential for vacancy like most of the other multi-unit housing in the area. The supply and demand imbalance is an iron law of economics. Eventually, the standards and definitions of who is allowed to live in the Montanari High Rise will be eroded and lowered. Down the line, this could look like the St. Paul and Minneapolis multi-unit high rises and housing projects with landlords, owners, and developers all too happy to fill their vacancies with any warm body regardless of their age or condition. If you can fog a mirror, your in. The pure economics of profit and fear of lawsuits will drive, erode, then eventually lower the standards for entry into the Montanari High rise. I have seen it over and over. It is real. Senior housing is a warm and fuzzy concept today, but what about twenty years down the line? Look to St. Paul and Minneapolis to see how this housing project will look in the future. The citizens of Maple wood deserve better. If there must be development, than mavbe single family homes. Montanari has experience in this area, but little experience in the way of multi-unit housing. As far as goals of the project, 1.) We could care less if this becomes a gateway to the Gladstone Neighborhood. This is pure rhetoric. Who cares. 2.) The former owners of the Tourist Cabins should cap the wells per Maplewood code. The pollution and problems ofthe trailer park are gone and so are the problems. Fire and ambulance services will be heavily used ifthis project goes forward. This draws and competes from the available services. Ifthe Police and Paramedics and firefighters are bogged down dealing with memory loss patients/Seniors in the Montanari's project, then they won't be available to service taxpayers calls for Police and Fire when we need them. You will need to hire more police and fire personnel if this is built. I think of this as a geriatric version of the Myth Nightclub. That wasn't suppose to be any problem either before that project was jammed down our throats. Talk to any paramedic/cop or firefighter about high rises and the volume of calls they generate. Leave well enough alone. 3.) Most seniors prefer to stay in their own home. There is plenty of vacancies for housing around town. The iron laws of supply and demand and the free market should dictate: not government TIF dollars. There are plenty of "For Rent" signs all around town. This is not the voters and taxpayers of Gladstone's problem. By the way, what has this got to do with a health care crisis? 4.) We have the Community Center a few miles away to come together in supervised common spaces. We don't need any more. 5.) Aside from the initial construction jobs, what kind of jobs is a high rise/nursing home likely to produce? Nurse's aides and food service job and other low wage service sector jobs are what we are talking about. Either way, the unemployment rate in the Metro area is very low. Again, this is not a issue or concern of the Maplewood Gladstone area or a net community benefit. Let the free market take care ofthat. Yes, this project will generate some minimum wage jobs but all of these densely packed people will create far more noise, congestion, concerns and public safety issues. The few minimum wage jobs do not offset the potential problems. 6.) The owners and former owner should clean up the run-off. Montanari should have known about the run-off problems before he purchased the land. He calls himself a developer. Most likely, the purchase price of the land was discounted accordingly. Also, how will adding 180 more people to this small area (plus their care givers) put less strain on the water supply, the environment and the eventual run off? I can't see it. 7.) The Water Department should re-align the sewer system if that is a problem. That is what they are paid to do. If that is a project that serves the common good, then it should be addressed by local government and government services. Montanari's proposed "community based goals" will unjustly enrich the developers, burden the local community, and create potential problems down line. Also, Walker Methodist is a non-profit organization, so what real value does this Montanari high rise add to the local tax base of Maplewood? If your financial analysts do the math, this project just doesn't add up and add value to the tax base of Maple wood. Single family homes would generate real taxes for Maplewood. My first choice would be to leave this area (basically low land which borders a cattail swamp) as open space -- as a natural, environmentally friendly open space that protects the run-off that all ends up in Phalen Lake. The Montanari High Rise would contribute to the run off, pollution, noise, lighting problems, and congestion in the area. Right now, all of the local taxpayers and voters are happy just the way things sit today with the trailer park and tourist cabins gone. Please leave well enough alone! It is a rare and beautiful balance to have the local taxpayers happy. If you tabled this project forever you would be a hero. For all ofthese reason please stop the madness. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Michael Johnson, Planning Intern Code Amendment - Planning Commission July 11, 2007 INTRODUCTION City staff, as well as the city manager and city attorney, have reviewed the current city code and the Planning Commission's rules of procedure and determined that some minor changes were necessary to the city code and rules of procedure. As such, we have prepared a code amendment about the planning commission. We have also included a copy of the Planning Commission's Rules of Procedure. BACKGROUND The planning commission first approved its rules of procedure on February 21, 1983. The commission has reviewed and changed its rules several times since then. On January 3, 2005, the planning commission reviewed the rules of procedure and made a change to them concerning appointments of members to the commission. This change was based on the latest city council policies at the time. On January 24, 2005, the city council adopted the latest rules of procedure for the planning commission. On January 16, 2007, the planning commission considered and adopted revised rules of procedure. See the latest rules starting on page 7 (Attachment 2). On February 20, 2007, the planning commission, at the request of the city manager, again reviewed their rules of procedure. After much discussion and consideration, the planning commission recommended that the city council make amendments to the city code about the planning commission. On March 12, 2007, city staff req uested that the city council allow staff to review and amend the planning commission's rules of procedure. City council directed city staff and the planning commission to make the recommended changes to the Planning Commission ordinance and rules of procedure and then to bring the items back to city council for review. DISCUSSION Code Amendments A few amendments to the Planning Commission's ordinance were necessary to make them consistent with the recent direction of the city manager and to be consistent with current city staff organization. The proposed changes include the following: Sec. 2-249. Chairperson and vice-chairperson. - The election of a chairperson and vice-chairperson as of right now are elected at the second Planning Commission meeting in January annually. This does not allow all of the commission members to vote on these appointments because two of the commission members terms expire annually. The proposed code as shown in attachment 1 (page four) changes the election to mid- year annually, thus enabling all commission members to vote. Sec. 2-251. Officers: meetinos: rules of procedure (a). - An addition is made in the proposed code concerning meeting times for the Planning Commission. The newly added section (see page 5) allows for meeting times to be in conjunction with the availability of city facilities and the meeting times of other groups as directed by the city manager. Sec. 2-254. Responsibilities of communitv development director. - As directed by the city manager, the title of this section needed to be changed to reflect current organization of the departments within the city. In addition, staff is proposing to change Community Development Director to City Planning Staff throughout this section (see page six.) Rules of Procedure The city manager reviewed the planning commission's rules of procedure after their meeting on January 16, 2007. He suggested several changes to the rules that he wanted the planning commission to consider before staff sent them to the city council for approval. He suggested these changes reflect the current practice in the city. As such, staff brought the rules back to the commission on February 20, 2007, with additional proposed changes. The city manager suggested making several changes to the code which was then reviewed by both city staff as well as the city attorney. The parts of the rules of procedure that were suggested to be changed include: Section A2 - Meeting schedule. The current rules state that the planning commission will meet on the first and third Mondays of the month. The city manager and city staff conclude that the planning commission should meet on the first and third Tuesdays of the month. This change allows all Mondays to be available for the city council meetings and to ensure that the city could broadcast all the city meetings on its cable television channel. As it stands right now, there is a conflict between the current planning commission rules and the meeting schedule set by the city manager. If the city council amends the city code about the Planning Commission, then the Planning Commission should amend this section of their rules. Section D1 _ Election of Officers. The current rules state, "A chairperson and a vice- chairperson shall be elected at the second meeting of each calendar year and will serve until their successors have been elected." The city manager suggested that it would be better for the commission to hold the election of officers later in the year after the city council makes the appointments and reappointments to the planning commission. The city attorney suggested that the election of officers take place mid-year annually. This change would allow the entire body of the commission to vote on the election of officers. However, Section 2-249 of the city code states, "The planning commission shall elect a 2 chairperson and a vice-chairperson at the second planning commission meeting in January each year." Section J _ Appointments. The city manager suggested a change to Section J of the rules to simplify its language. City staff included the proposed change in the attached rules of procedure. Section F _ City staff is proposing changes to Section F concerning the wordage about the community development director to reflect the current organization of the city and the current code section numbers. Staff feels that with these proposed changes to the Planning Commission's rules of procedure, the commission will be more consistent with the current city code. COMMISSION ACTION On January 16, 2007, the planning commission adopted the attached rules of procedure. RECOMMENDATIONS A. Approve the proposed code amendment starting on page 3. This amendment changes Sections 2-246 through 2-255 of the city code about the planning commission. B. Review the proposed rules of procedure and provide staff with comments of proposed changes. P:\ (PC) Planning Commission Code Amendment Memo 07 Attachments 1. Proposed Changes to City Code 2. Proposed Planning Commission Rules of Procedure 3 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING DIVISION 4. PLANNING COMMISSION The Maplewood city council approves the following changes to the Maplewood Code of Ordinances (additions are underlined and deletions are crossed out): DIVISION 4. PLANNING COMMISSION> Sec. 2-246. Established. The city council establishes for the city a planning commission as an advisory board to the city council, as provided in Minn. Stats. SS 462.351-- 462.364. (Code 1982, S 25-17) Sec. 2-247. Advisory body; exceptions. All actions of the advisory planning commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, S 25-18) State law reference-- City planning agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. S 462.354, subd. 1. Sec. 2-248. Composition; appointment; qualifications; terms. (a) The planning commission shall have nine members appointed by the city council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the planning commission for three- year terms. The city shall divide the membership into three groups of three members each. The terms of the three members in the same group shall end in the same year. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. All terms shall expire on December 31 of the year in which the appointment ends. (Code 1982, S 25-19) Sec. 2-249. Chairperson and vice-chairperson. The planning commission shall elect a chairperson and a vice-chairperson mid- vear annuallv at tho socond planning commission mooting in Januarj o::Jch YO::Jr. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that 4 meeting. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice-chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. (Code 1982, S 25-20) 'State law references--Municipal planning, Minn. Stats. S 462.351 et seq,; city planning agency, Minn. Stats. S 462.354, subd. 1; metropolitan government, Minn. Stats. ch. 473; Ramsey County included within "metropolitan area" over which "metropolitan council" has jurisdiction, Minn. Stats. S 473.121, subds. 2, 3; metropolitan land use planning, Minn. Stats. S 473.851 et seq. ADMINISTRATION Sec. 2-250. Vacancies. (a) Any of the following may cause the office of a planning commissioner to become vacated: (1) Death or removal from the city. (2) Disability or failure to serve, as shown by failure to attend four meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, S 25-21) Sec. 2-251. Officers; meetings; rules of procedure. (a) The planning commission shall elect its own officers, establish meeting times in coniunction with the availabilitv of citv facilities and the meetinq times of other qroups as directed bv the citv manaqer, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the planning commission shall be open to the public. (Code 1982, S 25-22) Sec. 2-252. Duties and responsibilities. The planning commission shall have the duty to: (1) Prepare and recommend a comprehensive plan of development for the city. 5 (2) Conduct hearings and make recommendations to the city council about the adoption of the city comprehensive plan and any amendments thereto. The comprehensive plan certified and adopted by the city council shall be recognized as the city's official comprehensive plan. (3) Study and make recommendations to the city council about implementing the comprehensive plan and any land use regulations. (4) Study and make recommendations to the city council about zoning code amendments. (5) Review, prepare and make a report to the city council by the second city council meeting in February of each year regarding the commission's activities in the past year and major projects for the new year. (6) Maintain a liaison and coordination with government and private agencies so that the city council may be familiar with the planning activities of such agencies in order to establish an order of planning and development unity for the city. (7) Review and recommend, on or before June 30 of each year, a capital improvements program to the city council, which is designed to accomplish the comprehensive plan for the city. (8) Review and make recommendations to the city council on development applications, such as rezonings, conditional use permits, variances, vacations, preliminary plats and home occupation licenses. (9) Accept such other and further duties as may, from time to time, be directed by the city council, including conducting hearings. (Code 1982, S 25-23) Sec. 2-253. Compensation; expenses. All members of the planning commission shall serve without compensation. However, approved expenses of the planning commission shall be paid from available city funds. (Code 1982, S 25-24) Sec. 2-254. Responsibilities of City Planninq Staff community developmeAt direstor. Subject to the direction of the city manager, the planning commission and its chairperson, the citv planninq staff community devolopment diroctOF shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices. (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission's proceedings. 6 (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, S 25-25) Sec. 2-255. Duties of city engineer, city attorney, city inspectors and other city employees. (a) The city engineer and the city attorney shall be available to the planning commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city inspectors and other regular employees or personnel of the city shall cooperate with the planning commission and make themselves available and attend meetings when requested to do so. (Code 1982, S 25-26) Secs. 2-256-2-280. Reserved. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on ,2007. Mayor Attest: City Clerk 7 Attachment 2 RULES OF PROCEDURE Approved by the Planning Commission on February 21, 1983 Revision on February 17, 1999 Revision adopted on January 3, 2005 Last Revision proposed on January 16, 2007 We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 2 ~ as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the first and third Mondays of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by the chairperson, or in their absence, by the vice chairperson, or by any other member with the concurrence of five other members of the Commission. At least 48 hours notice shall be given to all members for special meetings. B. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 ~ of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. 8 D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the socond mooting of oach calendar yoar first planninG commission meetinG after the city council appoints the members each calendar vear, and will serve until their successors have been elected. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission will elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. PLANNING DEPARTMENT DIRECTOR OF COMMUNITY DEVELOPME-N+ In addition to carrying out the duties prescribed in Section 2-254 ~ of the Code of Ordinances, the city planninG staff diroctor shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. G. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting, shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Minutes 9 d. Approval of Agenda e. Public Hearings f. Unfinished Business g. New Business h. Visitor Presentations I. Commission Presentations j. Staff Presentations k. Adjournment 3. No item that is not on the agenda shall be considered by the Commission. H. Except as herein provided, Robert's Rules of Order, Revised and Robert's Parliamentary Law shall be accepted as the authority on parliamentary practice. I. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS The city council shall make all appointments to the planning commission. by fallO'....ing the currant city oppaintmant polioy. K. AMENDMENT 1. Any of these rules may be temporarily suspended by the vote of two-thirds majority of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. L. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year. p :\commdvpt\pc\pcrules .2007 July 10