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HomeMy WebLinkAbout09/15/2003MAPLEWOOD PLANNING COMMISSION Monday, September 15, 2003, 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. August 4, 2003 5. Public Headngs None 6. New Business a. Easement Vacation (1280 Belmont Lane) Gruber's Power Equipment (1762 White Bear Avenue) 1. Moratorium Vadance 2. Parking Lot Setback Vadance 3. Conditional Use Permit for Expansion of Exterior Storage c. Proposed Swimming Pool Fence Code Amendment d. Planning Commission Applicant Interviews 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. August 11 Council Meeting: Mr. Tdppler b. August 25 Council Meeting: Mr. Desai c. September 8 Council Meeting: Mr. Mueller d. September 22 Council Meeting: ?? (was to be Mr. Ledvina) e. October 13 Council Meeting: Ms Diedch 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 4, 2003 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Chairperson Lorraine Fischer Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Tushar Desai Mary Dierich Jackie Monahan-Junek Paul Mueller Gary Pearson William Rossbach Dale Trippler Present Present Present Present Present Present Absent Present Staff Present: Chris Cavett, Assistant City Engineer Shann Finwall, Associate Planner Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary III. APPROVAL OFAGENDA Commissioner Monahan-Junek requested that staff discuss the process of appointing a replacement planning commission member under staff presentations. Commissioner Pearson moved to approve the agenda as amended. Commissioner Trippler seconded. Ayes - Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for July 21,2003. Chairperson Fischer had a correction on page 1, in the second paragraph, for approval of the minutes changing the wording to read change number 10 to number 12 (deleting the remaining wording). Commissioner Trippler had a correction on page 6, in the fifth paragraph, changing the word cable to gable. Commissioner Trippler moved to approve the planning commission minutes for July 21, 2003, with the proposed changes. Planning Commission Minutes of 08-04-03 -2- Commissioner Monahan-Junek seconded. Ayes-Dierich, Fischer, Monahan-Junek, Pearson, Trippler Abstention - Desai, Mueller V. PUBLIC HEARING a. Hmong American Alliance Church (2515 Maplewood Drive) Ms. Finwall said Mr. J. Kou Vang, representing the Hmong American Alliance Church, is proposing to purchase the Maplewood Industrial Park building at 2515 Maplewood Drive North and renovate the building for their church, currently located in North St. Paul. In order to operate a church in this location, the applicants have requested the following city approvals: Comprehensive Land Use Map change from Light Manufacturing to Church, conditional use permit (CUP) for a church, and design review. The Hmong American Alliance Church is currently located at 2329-17th Avenue in North St. Paul. It has been in operation since 1990, and has outgrown its current site. The church consists of approximately 234 families, with a total congregation of about 1,500 members, including children. The church would hold services and religious classes from 9 a.m. to 7 p.m. on Sundays and youth and elderly programs and services during the evenings of Wednesday, Thursday, and Friday, and during the day on Saturday. No funeral services will be held at the church, as it is Hmong culture to hold these services in a funeral home. However, other church functions such as weddings and baptisms will be held in the church. Commissioner Mueller said one of the photos show this property for sale and he asked if staff was aware how long the property had been for sale? He asked if there had been any other inquiries regarding the use of the building? Ms. Finwall said the building has been for sale for approximately one year and no other inquiries have come into the city for the use of the building. Commissioner Dierich asked staff how many handicapped parking stalls would be required for a congregation this size? Ms. Finwall said the number of handicap parking stalls are bound by the ADA requirements. Generally it's 1 handicap-parking stall per 25 parking stalls and a reduction in number as the number of parking stalls increase. Ms. Finwall said the building official reviewed the plans and did not comment on the handicap parking stalls so she assumes the number proposed is adequate. Commissioner Trippler said many of the negative comments received by the neighbors were regarding traffic. One of the neighborhood comments on page 10 of the staff report was regarding existing problems in the neighborhood. He said he did not see any comments from the police department regarding any problems. He asked if staff was aware of the problems in the neighborhood indicated by the resident? Planning Commission Minutes of 08-04-03 -3- Ms. Finwall said she spoke with that resident on the telephone and the resident's concerns had to do with traffic on Cypress Street and unrelated issues that would not have a bearing on the church and its location. Commissioner Trippler said he didn't understand the neighbors' comments regarding traffic driving through to Cypress Street instead of using the frontage road and Highway 61. He said it didn't make sense that people would choose to drive that direction. Ms. Finwall said she believes those comments have to do with the existing businesses on Gervais Avenue and the use of Cypress Street. The neighbors are concerned that somehow the church would utilize Cypress Street and add to the traffic problem. Mr. Roberts said staff doesn't see that occurring and would agree with Commissioner Trippler's comments. There may be traffic from the businesses on Gervais Avenue driving on Cypress Street but logically it doesn't make sense for the church to use the frontage road to Cypress Street when Highway 61 is so close. Commissioner Monahan-Junek said when a land use change is proposed we compare what it was and how the traffic was instead of what is being proposed. She asked if staff had any idea of what the traffic flow was from this location when it was occupied as light manufacturing? Ms. Finwall said the engineering booklets she looked at did not comment on traffic created by a church. An estimate of traffic for the church holding a service at full capacity is 280 vehicles coming and 280 vehicles leaving that church service, as opposed to the building being occupied as light manufacturing with traffic at the beginning of the weekdays and at the end of the weekdays. Chairperson Fischer asked the applicant to address the commission. Mr. J. Kou Vang, 6280 - 36th Street North, Oakdale, addressed the planning commission. He said they are excited to present this great project to the planning commission. Staff did a nice job presenting their proposal in the staff report and they do not have any questions or concerns regarding the staff report. Commissioner Trippler asked how late the church activities would be during the week? Mr. Vang said the activities in the church would run until 9:00 p.m. during the week. Commissioner Desai said he expects there would be people using the gymnasium all week until late into the evening? Mr. Vang said the gymnasium serves the youth activity. Asian families are large and the gymnasium serves as a place where kids and their elders can have activities during church time. Commissioner Dierich asked Mr. Vang if the other Hmong churches in the area are connected in any way? Planning Commission Minutes of 08-04-03 -4- Mr. Vang said the Hmong Alliance churches are all tied together with one district of the Christian mission and alliance. Kids and other members go back and forth between the churches, therefore, there will be activities where other kids come in from other churches. This fosters a sense of community. Chairperson Fischer asked if anybody in the audience wanted to speak regarding this proposal to come forward and address the planning commission. Mr. Keith Brown, 2496 Cypress Street, Maplewood, addressed the planning commission. He asked why the church is moving from their North St. Paul location? Ms. Finwall said the church has outgrown their location in North St. Paul, which is why they are proposing to move to this location. Mr. Brown said he opposes this proposal. Mr. Brown said there is a new development going up by Maplewood Mall with up to 500 new homes. The park and ride is located down the road from the proposed church, which generates a lot of traffic. This is why he opposes this proposal because of the additional traffic problem that already exists in the area and will be created with the additional housing. He said he moved to this area so he could live in a quiet neighborhood and it has become too busy of an area. Ms. Joanne Brelje, 2520 Cypress Street North, Maplewood, addressed the planning commission. She said she is against this project. She said she sees the commercial vans and trucks driving up and down Cypress Street during all hours of the day so the traffic is not from the residents. She thinks the kids will hang around outside of the church until the late hours of the evening and make noise and cause problems and she is against this. She said the church currently has 1500 members and 20 years from now the church congregation could double and the space just isn't there. She said if the church uses the park and ride parking lot for additional parking the people would have to walk on the street in the winter, which is dangerous. She doesn't like the whole proposal. Commissioner Mueller asked staff if this church grew to 3000 members would it be able to stay at that location? Ms. Finwall said the church sanctuary has the capacity to hold 1000 people and if the congregation grew larger than that, the church could hold more frequent church services or move to a larger location. Commissioner Dierich asked what other land uses could locate in light manufacturing besides a church? Ms. Finwall said examples of other land uses could be an automobile dealership, retail, manufacturing, mini storage, and things along that line. Mr. Matt Ubel, 2495 Cypress Street, Maplewood, addressed the planning commission. He said he is against this proposal. He wondered why a church could go in a light manufacturing-zoning district? Planning Commission Minutes of 08-04-03 -5- Ms. Finwall said there is no zoning district for a church. The city allows a church in any zoning district with a CUP, which allows the city some controls over that church. Mr. Ubel said the school and the gymnasium would create more problems for traffic, which the other neighbors have brought up already. He said Cypress Street is not a through street but is being used as a through street and many people speed through the area. He said there isn't a speed limit sign there but a stop sign has been posted at Connor Street. He said people do shortcut through Cypress Street and speed by to cut through to eliminate having to wait to get out on the frontage street and onto Highway 61. Mr. Todd Muellner, one of the current owners of the property, addressed the planning commission. He said at one time there was 75 employees working in this building when it was light manufacturing. He said traffic from the church would not be traveling during the rush hour but on off peak times, evenings and on the weekends. Chairperson Fischer said Mr. Smith, a Maplewood resident, called her at home because he was unable to attend the meeting but he wanted to make sure the planning commission read his comments in the staff report. Commissioner Mueller asked where most of the church membership comes from? He said the reason he asks is because he is trying to get a feel for where the majority of the traffic would be coming from. Mr. Vang said most of their church membership comes from within Maplewood, East St. Paul, and the northeast part of the Twin Cities. Commissioner Dierich commended Ms. Finwall on a well organized and thought out report for this proposal. The traffic issue for this proposal is a minor issue in her mind. She thinks traffic would take a right onto Highway 61 driving towards the east side of St. Paul. She would like to see a "No Truck Traffic" sign posted on Cypress Street to eliminate trucks driving on Cypress Street. She said maybe there should be a proof of parking done for the back section of the parking lot that abuts the Cypress neighborhood. She said in driving through the area she noticed the pavement in the mobile home park is a lot closer to the marsh than 20 feet. Staff may want to check into this. Commissioner Trippler said on page 6 of the staff report, in item 2. d., it states if the applicant works out shared parking with the Metro Transit park and ride lot a trail would need to be constructed. He wondered if there was enough property to construct the trail and would additional property have to be acquired to construct that trail? Mr. Chris Cavett, Maplewood Assistant City Engineer, said city staff looked at the right of way in that area and a trail could be constructed on the west side. He believes Metro Transit would be willing to construct a trail for access back and forth to the area. Ms. Finwall said the church has indicated that they would like to maintain all the required parking on site and do not see a need to utilize the Metro Transit park and ride lot. She said the church has exceeded the parking stall code requirements. However, past experience with this type of church has proven a need for additional parking than required by code. VI. Planning Commission Minutes of 08-04-03 -6- Commissioner Pearson moved to adopt the Land Use Plan change resolution on page 33 of the staff report. This resolution changes the Land Use Plan from Light Manufacturing (M-l) to Church (C) for the proposed Hmong American Alliance Church at 2515 Maplewood Drive. The city is making this change because the proposal will: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Preserve natural features where practical. d. Minimize conflicts between land uses. Commissioner Pearson moved to adopt the resolution on pages 34 and 35 of the staff report. This resolution approves the conditional use permit for the Hmong American Alliance Church at 2515 Maplewood Drive North. The city bases this permit on the findings required by the code and subject to the following conditions: All construction shall follow the plans dated June 26, 2003, with the revisions as required and approved by the city. The director of community development may approve minor changes. b. The proposed church must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. c. The proposed church and its construction must meet the requirements of the city building official, the city fire marshal and the Ramsey/Washington Metro Watershed District. The city council may require the church to obtain a shared parking agreement with the Metro Transit park and ride lot if a parking shortage develops. If a shared parking agreement is required, a trail from the park and ride to the church must be constructed, or arrangements for shuttling of church patrons will be required. e. The city council shall review this permit in one year. Commissioner Desai seconded. Ayes- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on August 25, 2003. NEW BUSINESS a. Resolution of Appreciation - Matt Ledvina Commissioner Trippler moved approval of the resolution of appreciation of Matt Ledvina. Commissioner Pearson seconded. The motion passed. Ayes- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Trippler Planning Commission Minutes of 08-04-03 -7- This will go to the city council on August 25, 2003. b. Hillcrest Village Mixed-Use Zoning District Discussion - Density Standards Ms. Finwall said city staff is receiving comments and guidance from the planning commission and community design review board (CDRB) on the drafting of a new zoning district called the mixed-use zoning district. The proposed timeline for completion of the draft ordinance is the end of the September. The draft will be presented to both the planning commission and the community design review board prior to review by the city council. Staff recommends that the planning commission offer comments and guidance on the density requirements proposed within the Hillcrest Village Redevelopment area. Staff will use this feedback to draft a new mixed-use zoning district for the Hillcrest Village Redevelopment area, as well as other redevelopment sites within the city. *We were having audio difficulties with the planning commission member microphones therefore the recording secretary could not transcribe discussion between staff and commissioners for much of the discussion. In summary, planning commission members agreed that 30 units per acre for residential units was too high. Planning commission members did not have a magic number but estimated somewhere between 20 and 23 units per acre was more feasible. Ms. Finwall said it is important to remember that the new zoning district is not only designed for the Hillcrest Redevelopment area but for other areas in the City of Maplewood. Ms. Finwall said Mr. Rossbach telephoned her because he could not be present at the meeting. He said he would support higher densities if three things were addressed. At least 20% of the housing units are affordable. Only the city could rezone a particular area and that a developer could not come in and rezone it to a higher density. Public hearings should be held whenever something is rezoned or the comprehensive plan is changed. Chairperson Fischer said if densities were increased the city would need to retain parking or garage space. She said it would not be practical to allow on-street parking in certain areas of the city and not in other areas of the city. Commissioner Mueller said he believes housing and densities will depend on parking. He said if housing is built upwards, underground parking could be built to get the vehicles off the street. Commissioner Dierich said she is not sure how that would work out because at one of the previous planning commission meetings she mentioned the possibility of building underground parking and was told it is very expensive and not cost effective. She said this is something to think about when the planning commission calculates densities. The density needs to be worthwhile for a builder and still have storage for the vehicles. She said in looking at examples of townhomes and apartments with higher densities included for the discussion, there is not a lot of green space around them and to her that is an issue of attractiveness as well. Planning Commission Minutes of 08-04-03 -8- Commissioner Dierich said she is not sure if it is best to follow the City of St. Paul's lead of going with a higher density. Commissioner Desai said the City of St. Paul shows 86 apartments for the Hillcrest Village redevelopment proposal while the City of Maplewood shows 139 apartments. He thinks this is something to consider when thinking about the issue of vehicle storage. He believes if people move to this area they are going to bring their vehicles with them and would need a place to park/store their vehicle. Commissioner Trippler said based on the fact that the current density allowed in the city is 16.3 units per acre, 30 units per acre seems too high. He said that is practically two times higher than what is currently allowed in the City of Maplewood. He lives in the Gladstone area and he is concerned that once the Hillcrest Redevelopment area is approved with a higher density such as 30 units per acre the higher density will move to the Gladstone area, which he doesn't approve of. Commissioner Pearson said the City of Maplewood is at the north end of the Hillcrest Redevelopment area and he does not know that Maplewood needs to be at the highest density at a point where it is blending into other R-1 zoning, especially to the east. He said the highest densities are several blocks from any real playground space for children. He does not want to see something happen like Renaissance on the River where there is no common space. He said it is very intense and there is nothing for children there but blacktop and concrete and he would prefer to keep the density at the current 16.3 units per acre. Commissioner Dierich asked staff if they thought developers would accept the density at 16.3 or even 20 units? She got the feeling based on the market study that a developer wouldn't accept that Iow of a density? Mr. Roberts said it's his impression from the market study that the higher densities are going to be needed to justify the cost of redevelopment. He said clearly 16.3 units per acre wouldn't be acceptable. In summary the planning commission suggested staff look at allowing perhaps 20 to 25 units per acre with the possibility of exceeding that number with density bonuses for underground parking or additional landscaping. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. Planning Commission Minutes of 08-04-03 -9- IX. COMMISSION PRESENTATIONS a. Ms. Monahan-Junek was the planning commission representative at the July 22, 2003, city council meeting. The only planning commission item was the CUP for Liberty Classical Academy and the city council approved it ayes all. b. Mr. Trippler will be the planning commission representative at the August 11, 2003, city council meeting. Items to be discussed will be the zoning map change for the Maplewood Office Park and the first reading for the proposed R-I(R) (Rural Residential) zoning district. c. Mr. Desai will be the planning commission representative at the August 25, 2003, city council meeting. Items to be discussed include the resolution of appreciation for Matt Ledvina and the public hearing for the Hmong American Alliance Church. X. STAFF PRESENTATIONS 1) Mr. Roberts discussed the handout regarding a workshop about the role of a planning commission member at the state planning conference in September in Alexandria, MN. He said there is money in the budget for one planning commission member to attend the overnight conference. Chairperson Fischer said there are also a series of conferences held at the Earle Brown Center in October. Mr. Roberts said there is money in the budget for local conferences. Commissioner Pearson said he would like to attend the state planning conference and planning commission members agreed for him to attend. 2) The meeting with the City of Vadnais Heights and the City of Maplewood regarding County Road D will be held on Monday, August 11,2003, at 6:00 p.m. 3) Regarding an update on the planning commission appointment. Mr. Roberts said the opening has been advertised on the city web site and the Maplewood Review. They are accepting applications for the planning commission opening until August 16, 2003. Xl. ADJOURNMENT The meeting was adjourned at 8:45 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Easement Vacation 1280 Belmont Lane September 2, 2003 INTRODUCTION Mr. David Newburg, representing Wa and Cha Vang, is asking the city to vacate an existing drainage and utility easement on the property at 1280 Belmont Lane. This easement, as shown on the survey on page six, is under a detached garage on the property. Please see the applicant's statement on page two and the maps on pages three through six. DISCUSSION Mr. Newburg is requesting the vacation because the city has no need for the easement and because there is a garage in the easement. Maplewood has no plans to develop or use this easement, it is not needed for any utilities and the easement was never used or developed for its odginal purpose. RECOMMENDATION Approve the resolution on page seven. This resolution is for the vacation of an unused drainage and utility easement on the property at 1280 Belmont Lane. The reasons for the vacation are as follows: It is in the public interest. The easement is unused. The easement is not needed for drainage or utility proposes. REFERENCE INFORMATION Application Date The city received the complete application and plans for this request on August 21, 2003. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by October 20, 2003. P:\sec16\1280 belmont Attachments: 1. Applicant's Statement 2. Location Map 3. Property Line Map 4. Area Map 5. Site Survey 6. Vacation Resolution Attorney at law 208 West Churchill Street P. O. Box 206 Stillwater, MN 55082 (651) 439-0700 Fox (651) 439-8892 Attachment 1 August 1, 2003 City of Maplewood 1830 E.. County Road B Maplewood, MN 55109 RE: vacation of utility and drainage easement Dear Sir or Madam: The request for the vacation of the utility and drainage easement over Lot 10, Block 9, Hills and Dales Plat 2 is being made because the garage on the property encroaches on the drainage and utility easement area. The garage in issue was built in 1964 and has not presented a problem in the easement area. The encroachment was discovered at the time the property owners purchased the property and the title company involved required that an application to vacate the property be brought. The vacation is needed to clear up the encroachment into the easement area that has existed since 1964. It appears from correspondence with the public works department that site review by the City apparently accepted the building location. Since the City does not have any utilities using the easement and there have been no adverse affects in the 39 years the garage has been in place vacation would be appropriate. I am representing the owners and the prior owner in this vacation proceeding. If you have any questions please call. KOHLMAN- I AVE. GERVNS AVE. c c~ ,g~ Cl. Keller JUNCTION NTpN AVE. AVE. Attachment 2 ~BR~KS ~ I GERVNS SHERREN AVE.. AVE. TAN'I' AVE. DE]~ONT ] AV~. 2: Z AV~ AVE. AVE. ROSEWOOD AVE. AVE. S. EDGE:HILL PAUL LOCATION 3 MAP Y fL2O) 17 18 19 2O 27 ~ 11 122.73' Attachment 3 ~' - 14 PROPERTY LINE MAP 9 ~ N t I / / / I / / 1285 Attachment 4 2O72 2071 AREA MAP Attachment 5 0'00" / / m / / 4D DALES PLA ? 2, F~am$¢y Count.z, W:77nesoto. ' PROPOSED r:A$1:MI:NT VACAT Pg.: XX 'l Disc: I Job No.: 98¢87 Book: XXX 'on Found Bearing~ shown are on on assumed datum. I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am a duly/~eqistered Land Surveyor under the laws o~ th~ State o~.~i?,~t~. ,~ated ~his /'~4__~oX o~' ~+ , ~¢~. FOR: HOLSTEfl LAW OFF/CE P.A. 6 Attachment 6 VACATION RESOLUTION WHEREAS, David Newburg, representing Wa and Cha Yang (the property owners), applied for the vacation of the following: A 10-foot-wide unused drainage utility easement located on the property at 1280 Belmont Lane, Maplewood (Property Identification Number: 16-29-22-11-0039) and described as follows: The 10-foot-wide drainage and utility easement on Lot 10, Block 9, Hills and Dales Plat Number 2 in Section 16, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: On September 15, 2003, the planning commission recommended that the city council approve the public vacation. On ,2003, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present wdtten statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the above-mentioned property (Lot 10, Block 9, Hills and Dales Plat Number 2). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: It is in the public interest. The easement is unused. The easement is not needed for drainage or utility purposes. The Maplewood City Council adopted this resolution on ,2003. 7 TO: FROM: SUBJECT: LOCATION: DATE: MEMORANDUM Richard Fursman, City Manager Shann Finwall, Associate Planner Gruber's Power Equipment/Junior Achievement 1762 and 1800 White Bear Avenue September 9, 2003 INTRODUCTION Project Description Representatives of Gruber's Power Equipment at 1762 White Bear Avenue are proposing to purchase .258 acres of land from the adjacent Junior Achievement property at 1800 White Bear Avenue. They would use this land to expand Gruber's exterior storage area. Gruber's also wants to construct a 10-foot high metal fence to screen the expanded storage area. Refer to the plans attached on pages 9 through 14. Requests The applicants are requesting the following city approvals: Minor subdivision in order to subdivide .258 acres of land from 1800 White Bear Avenue to combine with 1762 White Bear Avenue. A variance from the Hillcrest Village moratorium in order to allow a minor subdivision within the Hillcrest Village redevelopment area. Refer to the moratorium variance statement attached on pages 15 and 16. A parking lot setback vadance in order to allow the new lot line to be placed right up to Junior Achievement's parking lot, rather than the required 5-foot setback. A conditional use permit for the expansion of exterior storage. Refer to the conditional use permit statement attached on pages 17 and 18. BACKGROUND On September 23, 2002, the city council formally supported the Metropolitan Council's proposed Hillcrest Village concept plan. Refer to the Hillcrest Village concept plan attached on page 19. On October 28, 2002, the city council adopted the Hillcrest Village Moratorium Ordinance. This ordinance established a one-year moratorium on development within the Hillcrest Village redevelopment area. The purpose of the moratorium is to give the City of Maplewood time to implement land use and design standards for development within the city's portion of the Hillcrest Village redevelopment area that reflect the smart growth concept plan. Refer to the Hillcrest Village Moratorium Ordinance and moratorium area map attached on pages 20 through 23. On November 19, 2002, Junior Achievement submitted a lot division application to the City of Maplewood. Junior Achievement was requesting the lot division in order to sell .258 acres of their property to Gruber's Power Equipment. In December 2002, city staff informed representatives of Junior Achievement and Gruber's Power Equipment that the lot division would require a variance from the Hillcrest Village moratorium. In addition, the 10-foot-10-inch high fence that Gruber's had begun constructing would require a height variance, a building permit, and a conditional use permit for the expansion of their exterior storage area. In March 2003, the planning commission and community design review board began to draft a new mixed-use zoning district. The city council will consider implementing the new zoning district in the Hillcrest Village redevelopment area and other areas of the city where there is a need for redevelopment to create a revitalized, urban-village setting. On May 29, 2003, city staff was in receipt of all required materials for Gruber's and Junior Achievement's land use applications. On July 7, 2003, the planning commission tabled Gruber's and Junior Achievement's requests in order to allow Gruber's and Junior Achievement time to modify their plans in order to address the following concerns: 1) fence height not to exceed 10 feet to alleviate the need for a fence height variance; 2) extension of the parking lot lease agreement with Junior Achievement to one year; 3) additional landscaping on the north and east side of the fence; 3) painting the metal fence a two-tone color; and 4) the removal of 5 feet of Junior Achievement's parking lot to alleviate the need for a parking lot setback variance. DISCUSSION Plan Modifications Since the July 7, 2003, planning commission meeting, Gruber's and Junior Achievement have revised their odginal proposal as follows (refer to Matt Gruber's August 12, 2003, correspondence, plans and pictures attached on pages 24 through 36): Reduction in the fence height from 10 feet, 10 inches, to no more than 10 feet in height. Change of the month-to-month parking lot lease agreement with Junior Achievement to a one-year lease agreement. 3. Submittal of a landscape plan for the north and east side of the fence. Submittal of a fence elevation showing a band of green painted on the top of the proposed fence. Regarding the removal of 5 feet of Junior Achievement's parking lot, Gruber's states that the removal and replacement of the curb/gutter and asphalt on Junior Achievement's property would be very expensive and could cause drainage problems. They note, however, by virtue of the lease agreement they would be responsible for maintaining that Gruber's and Junior Achievement 2 September 9, 2003 portion of the parking lot and feel that allowing their new property line to extend up to Junior Achievement's curb/gutter and asphalt should not be an issue. Staff Review of Modifications Fence Height Mr. Gruber indicates in his correspondence that Gruber's is willing to reduce the height of the fence from 10 feet, 10 inches, to 10 feet. However, no revised plans were submitted showing how the reduction in height would be accomplished. The contractor installing the fence, C Mogren Construction, submitted a building permit for the fence last December. The building permit plans depict that the fence, which is almost fully constructed at this point, was to be 10 feet, 10 inches in height. Therefore, the only way to reduce the height of the fence at this point is to saw cut the top 10 inches of the metal fence and supporting posts, or remove the fence and reconstruct a new fence. Staff would like to commend Gruber's on their willingness to alleviate the need for the fence variance, but also notes the difficulty in doing so. Parking Lot Lease City code requires that Gruber's business have 24 parking spaces. Currently Gruber's front parking lot can accommodate up to 7 vehicles, leaving a deficit of 24 parking spaces. In order to accommodate their additional parking needs, Gruber's has arranged to lease 46 parking spaces from Junior Achievement. As requested by the planning commission, Junior Achievement has agreed to extend the lease to 12 months, rather than the originally submitted 60-days. Again, staff is concerned about the temporary nature of this arrangement. Upon agreement, both parties are able to renew or cancel the lease annually. There is no termination date given, which means if Junior Achievement chooses to cancel the lease at the end of the year, Gruber's must cease the use of the parking lot immediately. This can be alleviated by adding language to the lease indicating that Gruber's would have one year after cancellation notification by Junior Achievement in which to cease the use of the parking lot. However, even if both parties were agreeable to this language, staff feels that one year would not be an adequate amount of time for Gruber's to either relocate their business or arrange for altemative parking. Landscape Plan The landscape plan submitted shows the planting of 16 techney arborvitaes along the rear 70 feet of the north side of the fence; and 12 amur maples and 24 red twig dogwoods along the east side of the fence. Because the fence is being constructed right up to Gruber's new east property line, much of the proposed landscaping must be constructed on Junior Achievement's property. While the proposed landscaping will help the aesthetics of the fence, staff has concerns with the plan including the use of amur maples, which have proven to be invasive, and the planting of the landscaping on Junior Achievement's property. Future owners of Junior Achievement may want to modify or remove the landscaping, which would leave little to no landscaping in front of the 10-foot high fence. Gruber's and Junior Achievement 3 September 9, 2003 Fence Elevation In order to help break up the expansiveness of the fence, the planning commission recommended that it be painted two tones of color. The revised fence elevation shows an approximately one-foot-wide green band painted on the top of the fence. This colored-band adds a small amount of interest to the fence, but does not alleviate the overall expansiveness of the fence. Parking Lot Setback Mr. Gruber notes in his correspondence that by virtue of the parking lot lease agreement, Gruber's would be responsible for maintaining the parking lot. Therefore, allowing the parking lot to come up to their new lot line should not pose a problem for Junior Achievement or Gruber's. While this statement may be true now, once the parking lot lease has been cancelled Junior Achievement or a new property owner could experience problems. Regardless of the parking lot lease, the city must still comply with state law, which requires that the city council find that strict enforcement of an ordinance would cause undue hardship to a property owner because of circumstances unique to the property under consideration. In this case there is no unique hardship because Junior Achievement's existing parking lot is large, with ample room to cut back the curb/gutter and asphalt in order to create the required 5-foot setback. Other Outstanding Items Hillcrest Village Moratorium: Gruber's and Junior Achievement's businesses are located within the Hillcrest Village redevelopment area. The city is currently working on a new mixed-use zoning district for this area in order to promote more urban and pedestrian- friendly type developments. City staff hopes to present a draft of this ordinance to the city council in October. Because of the new vision for the area, and the drafting of the new ordinance, the city has a one-year moratorium on development within the Hillcrest Village redevelopment area. The moratorium states that no subdivisions or building permits for new buildings will be issued by the city during the moratorium pedod, which ends October 28, 2003. The ordinance does allow for variances from the moratorium based on the city council's determination that a proposed subdivision or development would be compatible with the proposed land use and zoning, and that such proposals would keep with the spirit and intent of the Hillcrest Village Redevelopment Plan. As noted in the June 30, 2003, staff report, the proposed subdivision, and ultimate use of the newly-subdivided land by Gruper's for extedor storage, is not compatible with the proposed land use and zoning in the area, and will not keep with the spirit and intent of the Hillcrest Village Redevelopment Plan. Grading/Drainage: Bituminous surface is proposed within the expanded exterior storage area. Chris Cavett, Maplewood's Assistant City Engineer, reviewed Gruber's proposed grading and drainage plan for this area. Mr. Cavett states that all storm water from the expanded extedor storage area must be treated by a stormceptor or other best Gruber's and Junior Achievement 4 September 9, 2003 management practices before it enters the existing catch basins. In addition, the city will require a maintenance agreement for cleaning and maintaining this stormceptor. Ddveway Access: Gruber's proposes two additional driveway accesses into the new backyard storage area. These driveways enter the storage area from Junior Achievement's parking lot and access driveway. Driveway easements and access agreements would need to be obtained from Junior Achievement for Gruber's use of these accesses. Extedor Storage: The expansion of Gruber's extedor storage area requires a conditional use permit. City code allows conditional use permits subject to nine standards as noted in the Reference Section of this report on pages 7 and 8. One standard requires that a conditional use permit not change the existing or planned character of the surrounding area. While Gruber's expanded extedor storage area will not change the existing character of the area, it is clear that it would change the planned character of the proposed Hillcrest Village Redevelopment Area. SUMMARY City staff commends Gruber's and Junior Achievement's attempts to modify their proposal to alleviate concerns expressed by the planning commission at their July 7, 2003, meeting. Once again, however, city staff is compelled and bound to support the city council's goal for the redevelopment of this neighborhood as well as uphold the adopted ordinances of the city. Approving Gruber's and Junior Achievement's land use requests would not do that. In addition, it is staff's opinion that Gruber's site is fully developed. Granted, the expanded exterior storage area would help alleviate immediate storage needs but it would not address the parking shortages on the site. For these and the above-mentioned reasons, staff does not support Gruber's proposed exterior storage expansion. RECOMMENDATION Deny the land use requests by Gruber's Power Equipment at 1762 White Bear Avenue and Junior Achievement at 1800 White Bear Avenue as follows: minor subdivision, Hillcrest Village moratorium variance, 5-foot parking lot setback variance, and conditional use permit for the expansion of exterior storage. The city is denying these land use requests because: The city council has formally supported the Metropolitan Council's proposed Hillcrest Village Redevelopment Plan. This plan is based on smart growth principles, which help create livable neighborhoods where homes, jobs and services are linked by walkable streets. Gruber's Power Equipment is located in the Hillcrest Village Redevelopment Plan. An objective of the Hillcrest Village Redevelopment Plan is to help guide changes within the area in order to create a village center with an active street life that mixes shops, workplaces, housing, recreation and civic uses, and avoids commercial uses that are not residential friendly, such as exterior storage. Gruber's and Junior Achievement 5 September 9, 2003 o Junior Achievement's proposal to subdivide land within the Hillcrest Village moratorium area, and Gruber's proposed use of the land as an expanded exterior storage area, is not compatible with the proposed land use and zoning for the area and does not keep with the spirit and intent of the Hillcrest Village Redevelopment Plan. There are no unique hardships or circumstances that warrant approving the 5- foot parking lot setback variance. Gruber's requested conditional use permit for the expanded extedor storage area would change the planned character of the surrounding area. Gruber's proposed 10-foot high fence lacks human-scale architectural elements as envisioned in the Hillcrest Village redevelopment area. Gruber's and Junior Achievement 6 September 9, 2003 REFERENCE SITE DESCRIPTION Gruber's Power Equipment- Site Size: .35 acres (15,323 square feet) Existing Use: Retail Power Equipment Store Junior Achievement - Site Size: 4.17 acres Existing Use: Educational Facility SURROUNDING LAND USES Gruber's Power Equipment- North: Junior Achievement Educational Facility South: Super America Gas Station East: Junior Achievement and North St. Paul Road West: Residential Properties across White Bear Avenue Junior Achievement North: South: East: West: Ramsey County Golf Dome across Van Dyke Street Gruber's Power Equipment Perkins Restaurant Residential Properties across White Bear Avenue PLANNING Gruber's Power Equipment and Junior Achievement - Land Use: Business Commercial Zoning: Business Commercial Criteria for CUP Approval Section 36-442(a) states that the city council may grant a CUP subject to nine standards for approval as noted below: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. Gruber's and Junior Achievement 7 September 9, 2003 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. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. Findings for Variance Approval The Hillcrest Village Moratorium Ordinance states at Section 4 that variances from the moratorium may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spidt and intent of the Hillcrest Village Redevelopment Plan. In addition, the vadance must comply with state law, which requires that the city council make the following findings to approve a variance: Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and a variance if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Application Date State law requires that the city take action within 60 days of receiving complete applications for a land use proposal, unless an applicant agrees to extend that date. At the July 7, 2003, planning commission meeting, the applicants agreed to extend their 60- day deadline in order to resubmit plans which would address the planning commission's concerns. At that time the applicants set no deadline date for city council approval, however, city council should take action on this proposal by the scheduled October 13, 2003, city council meeting, unless the applicant agrees to an additional time extension. P:Sec 14/Gruber's Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Location Map Land Use Map Zoning Map Subdivision Map Site Plan Fence Elevations Moratorium Variance Statement Conditional Use Permit Statement Hillcrest Village Concept Plan Hillcrest Village Moratorium Ordinance and Map Gruber's August 12, 2003, Correspondence with Attachments Gruber's and Junior Achievement 8 September 9, 2003 Attachment 1 Gruber's Power Equipment 1762 White Bear Avenue Junior Achievement 0 Larpenteur Avenue N Location Map 9 Attachment 2 Gruber's 1762 White Bear Avenue Larpenteur Avenue LEGEND I H~Ih Mumplo Dwelling Redden IPad( U~ i Cemeb~ N Land Use Map 10 Attachment 4 $CHOELL & MADSON, INC'~ ENGINEERS * SURVEYORS * PLANNERS S,,~L ~-t..~I1NG * [NYIRONME~ITAL SE:R~I~ 105~30 WAYZATA BOULEVARD SUITE I ~0 .I r O o.,~7 ~ I eXISTING BUILDING 167.25 Z:~J 0 O8 ~70 SV/LY LINE Of- LOT g \ Subdivision Map S 12 Attachment 5 Sito Plan S 13 Attachment 6 Fence levations S DORSEY & WHITNEY LLP Attachment 7 SUtTE 1500 50 SOUTH SIXTH STI~itT MINNEAPOLIS, MINNESOTA 55402-1498 TELi~PHONI~: (612) 340-2600 FAX: (612) 340-2868 w'ww. dorseylaw, com PAMELA M. JORGENSEN Paralegal (612) 340-8769 FAX (612) 340-2644 jorgensen.pamela~dorseylaw.com $OUT{-I]~I~ ~ALIFOR.NIA TOKYO G~T F~ December 20, 2002 VIA MESSENGER Shann Finwall Associate Planner City of MaPlewood 1830 County Road B Maplewood, MN 55109 Re: Junior Achievement/Gmebers Dear Shann: Enclosed please find an Application for Variance from the moratorium for the Hillcrest Village Redevelopment Area. As you know, Junior Achievement of the Upper Midwest, Inc. ("JA") filed an application for subdivision that was rejected for reasons set forth in your letter dated December 4, 2002. It is our understanding that because of a moratorium on development in the Hillcrest Village Redevelopment Area, it is not possible to process the subdivision application without a variance from the moratorium. On behalf of JA, we are requesting such a variance. Will you please process the Application for Variance and let me know if there is any additional information that you need. On the substantive side, we are sure that the JA request is not the type of"subdivision" which was contemplated by the moratorium. JA is not asking to subdivide a large parcel into smaller parcels or lots. There is no subdivision at all, merely a realignment of the boundary lines between the JA property and Gruebers Hardware property ("Gruebers"). There are currently two parcels: the JA property and the Gruebers property. If the variance is granted and the boundary alignment ("subdivision") approved, there will still be two parcels: The JA property and the Gruebers property, The only difference will be the realigned boundary -- and the fact that property which is currently tax-exempt will be part of the tax base. I am enclosing a check in the amount of $841.00 as well as 14 copies of a survey prepared by Schoell & Madson, Inc., which identifies the property to be realigned. Hopefully, it contains all of the details which you require. 15 Moratorium Variance Statement DOKSEY & WHITNEY LLP Shann Finwall December 20, 2002 Page 2 If you have any questions, or if you need any additional information, please call. you for your help. Very truly yours, Pamela M. Jorgensen Paralegal Thank Enclosures cc: Tim Greinert Greg Grueber 16 G~U ! Pou~er b~ ~Equq~ment Attachment 8 December 6,2002 To'- Whom it may concern Conditional Use Permit Gruber's Power Equipment has been a faithful Maplewood based business for over twenty years. Through those years our customer base and business has grown. As many of you on the council know and have probably seen our storage area has not given us adequate means to house our products in a safe and professional looking manner. As of right now we have anywhere from twelve to twenty four tractors stored outside our fence area and building twenty-four hours a day seven days a week. This presents an uninviting retail image. With the limited space in our current yard we are forced to do some assembly in our fi:ont parking lot. Our trailer, which is used daily for pick-up and deliveries, has to be stored in the front of our building out in the open. Sanitation dumpsters are in the open. Our current situation reduces our already limited parking, invites theft "which has been a problem", and presents an uninviting business appearance. These variables make it very difficult to run our business in a manner in which we see fit. Our current fence is approximately six feet in height. The equipment racked inside the fence can be seen from the street. Our planned fence is opaque and ten feet in height. Being that height, it would shelter all outside storage from the publics view. The proposed area will almost triple the size of our current yard. With that space we would have enough room to take care of the problems described above. We will be leaving the oak trees planted on the south side of the property. Additional trees will be planted on the east side of the fence per our agreement with Junior Achievement. Aesthetically the area will make dramatic improvements versus its current conditions. Conditional Use Permit Statement 1762 White Bear Avenue · Maplewood. Minnesota 55109 · Phone (651) 770-7680 · Fax (651) 770-7714 17 Gmber's Power Equipment is in need of additional space. The area proposed would give us an adequate amount of space to fulfill our needs. Not only will it clean up our business and the view it presents from White Bear Ave we will be able to serve our customers and community better. Thank you for your attention to this matter. Sincer,ely,,,-'-'//' Gmber's Power Equipment 18 CONCEPT REDEVELOPMENT PLAN 0 100' 200' 300' March 15. 2002 Commercial/Office Building Residential Building IL3 Future Commercial Building "BLOCi iS Ela & Eib -- Indicates Number of Stories ~, ~ 49.400 F Commercial ...... ~t 36,400 'Office ~ 28 Apa nent Units ~, 351 Off Street Surface S BLOCK WI 12,900 SF Commercial ~ ~ __ /", ¢~ c--'x.,,',-- ' ' ' ' '"' ~ 16 Townhome Units "r '-' i[ I ~, BLOCKS E2a & E2b 42 Off-Street Surface Spaces ~ ,, I;I I ' ~$,?00 SF Commercial ' In t i lOl Apartment Units i~?, 57 Off-Street Surface Spaces LARPEN TEUR ! il AVE N U E ~ [ ~ ~ BLOCKE3a BLOCK W2 '~ ~ i , ~ i 21,700 SF Commercial 16,800 SF Commercial ...... i ~) ~.~ ..... ] 42 Apartment Units 71 Off-Street Surface Spaces ~-..[ --~l I-"]: 1' , ~ , ~ ] 81 Off-Street Surface Spaces C ALIFO R N I A AV C 17,400 SF Commercial 19.400 SF Commercial 4 Single-Family Units ~- ..... I:q[] I:ll=l 44 Apartment Units 50 Off-Street Surface Spaces 71 Off-Street Surface Spaces IDAHO AVE BLOCK W4 BE] ............ 10 Townhome Units 16 Off-Street Surface Spaces 38 Apartment Units OWA AVE BLOCKS WSa & WSb ~ I ,6 Townhome Units i !~ .... ~ ~ ............. ', 22 Townhome Units 2 Single-Family Units ~ 2 Single-Family Units HOYT AVE BLOCK W6 L ....... L .................... BLOCKS E6a & E6b 12 Townhome Units ',.1111 22 Townhome Units Attachment I~. HILLCREST VILLAGE Me~o~o,,,~n Council ;q~3. c~m ~a ^~mh~, ~. City of Maplewood Calthorpe Associates Smart Growth Twin Cities City of St. Paul 19 Attachment l0 ORDINANCE NO. AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE HILLCREST VILLAGE REDEVELOPMENT AREA The area under consideration (hereinafter "Hillcrest Village Redevelopment Area") includes land north of Larpenteur Avenue, east of White Bear Avenue, south of Ripley Avenue, and west of Hazel Street; also including properties on the west side of White Bear Avenue located north of Larpenteur Avenue and south of Frost Avenue (refer to Hillcrest Village Redevelopment Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood, in cooperation with the Metropolitan Council and the City of St. Paul, are currently conducting a smart growth initiative study that includes land use planning components for the Hillcrest Village Redevelopment Area. 1.02 The objective of the study is to design a land use concept for the Hillcrest Village Redevelopment Area. This information will help create a livable neighborhood where homes, jobs, and services are linked by walkable streets. 1.03 In addition to the' study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: Land use Building setbacks Building height Design standards for buildings Pedestrian flow and safety Parking Streetscaping Signage Lighting Landscaping Housing density There is a need for these studies to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the development of the Hillcrest Village Redevelopment Area. 2O SECTION 2. 2.01 2.02 2.03 REDEVELOPMENT STUDY; MORATORIUM The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, City of St. Paul, White Bear Avenue Business Association, hired consultants, property owners, interested citizens, and the city council. Upon completion of the study, it shall be presented to the planning commission and community design review board commission for their review and recommendation to the city council. A moratorium on development in the Hillcrest Village Redevelopment Area is . adopted pending completion of the study and/or the adoption of any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. The city will not approve any subdivision or building permit for a new building dudng the moratorium pedod. The city may issue building permits for the expansion or remodeling of existing structures. SECTION 3. TERM 3.01 The term of ordinance shall be for one year or until such time as the city council adopts amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spidt and intent of this ordinance. The procedures to be followed in applying for a vadance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a vadance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. c. The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to comply with the purpose and intent of this ordinance. SECTION 5. EFFECTIVE DATE 5.01 This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on October 28, 2002. Mayor Attest: City Clerk City of Maplewood Larpenteur Avenue N Hillcrest Moratorium Area 23 ,1762 White Bear Avenue · PH: 651-770~7680 Attachment 11 · Maplewood, Minnesota 55109 · FX: 651-770-7714 Shann Fmvall c~yd~ Re: Proposed expansion After the planning commission hea~ng on Monday, July 7, 2003 Gruber's Power Equipment and Junior Achievement have taken 1. Reduce the fence height f~om 10-fcx3t 10-inches tail to no more than 10-fee~ at its highest point. 2. Extend the pakJ~ lot lease agreement beh~een ~s ~ E~~ ~ Ju~ ~~ ~ a ~ agreement versus a ~ agmaTent. 3. Produce a desc~e landscaping plan. 4. A ~ showing lhe planned final appearax~ of the fence. Note, trees shown on the picture are not the Removalcouldpo!entJally~~,~~r~~~~. There is also a cost issue. To remove and replace the curbing and asphalt would be very expensive. By virtue of our lease agreement: We (Gruber's Power Equipment) currently own and our responsible for maintaining that parking lot and feel that the se( back should not be an issue. W3th that said both ~s Power Equipment and Junior Achievement have agreed if it takes cutting the curb, scraping and removing the asphalt, and rekx:ating it 5-fee~ norlh in order to get the transaction approved then that is what we will do. It just ~ a bit unreasonable for what it will accompli~. Enclosed with this letter am the following items. 1. Pictures that were taken of ~s Power Equipment and then rendered to help give a before and after image of the 2. A detailed landscape plan provided by ~ Numedes. 3. A revised lease agreement. 4. A lelter of support offered by Junior Achievement. 5. A list of positive impacls ~is transaction will have. Thank oufor ' and hopeful cooperation. Grteer's Power Equipment 24 II 26 t ~\~ \ 30 Junior Achievement® July 25, 2003 Junior Achievement of The Upper Midwest, Inc. 1800 White Bear Avenue North Maplewood, MN 55109 651-255-0055 Fax: 651-255-0460 E-Mail: administratorO>jamn.org Website: www. jaum.org Mr. Greg Gruber Gruber's Power Equipment 1726 White Bear Avenue North Maplewood, MN 55109 Dear Greg: Based on our conversations, I am pleased to propose the following updated arrangement for Gruber's use of the Junior Achievement parking lot for customer parking. Junior Achievement agrees to allow Gruber's Power Equipment to utilize the White Bear Avenue parking space (46 spaces) outlined on the attached drawing under a 12-month lease agreement. Gruber's will pay Junior Achievement an annualized rate of $2,400 for the exclusive use of the outlined parking area. Junior Achievement will invoice Gruber's in the amoUnt of $200.00 on a monthly basis, with payment for each month due no later than the final date of the previous calendar month (For example, November 2003 payment would be due no later than October 31, 2003). Gmber's Power Equipment shall be responsible for liability and maintenance of the leased parking area and agrees to provide Junior Achievement with a certificate of insurance naming Junior Achievement as a covered party in the event of an accident or injury to a Gruber's customer while using this property. This agreement Will be renewable annually upon agreement by both Gruber's and Junior Achievement. Please sign both copies and re~t~..' 9ne? ~ copy to me and retain one for your files. President Eno. Parking site map Gmber's Power Equip~t Date 33 Junior Achievement® Junior Achievement of The Upper Midwest, Inc. 1800 White Bear Avenue North Maplewood, MN 55109 651-255-0055 Fax: 651-255-0460 E-Mail: administrator@jamn.org Website: www. jaum.org July 25, 2003 Mr. Greg Gruber Gruber's Power Equipment 1726 White Bear Avenue North Maplewood, MN 55109 Dear Greg: As a Maplewood business resident and a White Bear Avenue neighbor to Gruber's Power Equipment, I'd like to pass on Jtmior Achievement's appreciation for your efforts to not only improve your business, but to help make the area cleaner and safer for all residents. As you know, Junior Achievement's mission is to help young people understand the free enterprise system and to become successful citizens in their community. A key feature of Junior Achievement's program is the 15,000 students, teachers and volunteers that visit our White Bear Avenue facility each year and the safety of these guests is our number one priority. It is our belief that the changes you are proposing will make the visit of our guests more e~joyable and safe through an improved exterior appearance, better control of traffic through the parking area where students and guests board buses, etc., and by moving cargo truck loading off of White Bear Avenue which will improve traffic flow and line of sight for autos entering and leaving the Junior Achievement parking lot. We feel that Gruber Power Equipment is the type of family-owned business that Maplewood is built o~.. and strongly endorse the improvements you are proposing to make both Gruber's and Maplewood a better place to live and do business. Please let me know how Junior Achievement can continue to support your efforts. President' 35 Let 'Ft~e¥ %cce~ Gruber's ,7 o,t Here is a list of positive impacts completing this transaction will have on the city, the Maplewood community, and us. 2. 3. 4. o o 9. 10. 11. 12. Remove tractors located in fi'ont of Gruber's Power Equipment. Remove dumpster in front of Gmber's Power Equipment. Improve curb appeal from White Bear Avenue. Take loading and unloading offofWhite Bear Ave and put it in a non- congested lightly traveled parking lot. Replace a fence that is aged, warped, missing pieces and vandalized with gra~i. Reduce theR and vandalism. Increased revenue for the city by putting a piece of property that is off the tax table back on it. New fence will cover racking and equipment that current fence does not. Improved landscaping. Will allow Gruber's Power Equipment to run a more professional and efficient business. Will allow Gruber's Power Equipment to make other improvements. Cleaning up the bom of the building would be a priority once we are capable of moving the tractors and dumpster to the proposed locations. Increased parking. These are twelve items that improve things for everybody, not just Gruber's Power Equipment. 36 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Tom Ekstrend, Assistant Community Development Director Swimming Pool Fence Ordinance Amendment August 7, 2003 INTRODUCTION Request Staff is proposing that the city council amend the requirements for fencing around swimming pools to accept alternatives to fencing. The current ordinance requires that a swimming pool be surrounded by a four-foot-tall fence to prevent small children from accessing the pool without supervision. If the fence is closer than four feet to the edge of the water, this fence must be at least six feet tall. Code allows a four-foot-tall fence around the yard to suffice for the pool fence. Reasons for this Request There are several problems with the current ordinance: The ordinance does not differentiate as to what size of pool must be fenced. A six-foot diameter child's inflatable pool and hot tubs, for example, would have to be fenced just the same as a large in-ground pool. An aboveground pool with sidewalls of four feet or more must be fenced unless the sidewalls are raised to six feet tall. This is because of the requirement that fences, or in this case the pools walls, closer than four feet to the water's edge must be six feet tall. This has often caused confusion for pool installers when it would seem that the four-foot-tall pool walls would adequately serve as a proper barrier. The confusion stems from a sentence in the code stating that, "the walls of an above-ground pool may substitute for a fence, provided that the pool has a closeable gate." That statement leads one to believe that an additional fence is not needed. There are now alternatives to fences that are accepted methods for protecting small children from entedng a pool unsupervised. One method is a Iockable cover. Many hot tubs, aboveground and in-ground pools have covers available from the manufacturer. Appendix G of the IRC (International Residential Code) lists covers as an acceptable alternative. DISCUSSION Fence-Requirement Changes The three main changes staff is suggesting are: 1) that the fence height minimum be set at four feet, 2) that homeowners have the option to utilize a secure cover if they choose and 3) that the council set a minimum size for which pools must be fenced. Four-Foot Fences The intent of the ordinance is to prevent a very small child or toddler from accidentally falling into a swimming pool. A four-foot-tall fence around the pool or yard would accomplish this. Maplewood's requirement of six feet is excessive and unnecessary. Furthermore, seven out of ten area cities that we surveyed required a minimum fence height of four feet for swimming pools. This appears to be the typical requirement. These cities were: Bloomington, Eagan, Maple Grove, St. Louis Park, Stillwater, Woodbury and Richfield. Three cities, Minnetonka, Roseville and Plymouth, required five-foot tall fences. Pool Covers A homeowner should have the availability to use a secure cover if they choose. Such a cover, however, should meet the criteria of an accepted and accredited testing method such as that of the Amedcan Standards Testing Method or an equivalent standards test. With covers, though, staff feels that they should be allowed only if there are other circumstances warranting their use. For example, if the yard is already fenced with a three-foot-tall fence. In this example, a three-foot-tall fence would not meet the requirement for a four-foot-tall pool fence, but along with the cover, would offer a sufficient deterrent to a small child. Another example may be if terrain and tree/shrub growth provides barriers. A third example is if the pool site is so remote that there are no neighbors in the vicinity. These examples are to illustrate that there may be extenuating circumstances that justify the waiving of the requirement for a four-foot-tall fence based on the individual situation. Pool Size Presently, the ordinance requires fences around all man made pools. This includes hot tubs, all forms of small wading pools such as an inflatable child's pool and, technically, plastic pond liners used for artificial ponds in yards. Most of the cities we surveyed defined a pool that would need to be fenced as one over a specific depth and over a specific surface area. The most frequently applied minimum water depth was 24 inches. The most frequently applied minimum water surface area was 150 square feet. The breakdown was as follows: City Minimum Water Depth Minimum Water Surface Area Bloomington 24 inches 75 sc Minnetonka 24 inches 75 sc Eagan 24 inches 150 sc Richfield 24 inches 150 sc Stillwater 24 inches 150 sc Woodbury 18 inches 150 sc St. Louis Park 24 inches 250 sc Maple Grove 18 inches none Plymouth none none Roseville none none uare feet uare feet uare feet uare feet uare feet uare feet uare feet Staff recommends a minimum pool depth of 24 inches and 150 square feet of pool- surface area as the minimums that would require a pool to be fenced or covered by a secured, protected covering. The proposed code would state that if a pool is deeper than 24 inches or greater than 150 square feet in area, it must then be fenced or covered. Apartment and Town House Pools This ordinance amendment deals with pools for single and double dwellings. Pools for other uses such as apartments, town houses, schools and hotels are regulated by state requirements. RECOMMENDATION Adopt the swimming pool fence ordinance amendment on page 4. p:com_dvmt\ord~-wimming pool ordinance Attachment: Swimming Pool Ordinance Amendment ORDINANCE NO. AN ORDINANCE AMENDING THE FENCING REQUIREMENTS FOR SWIMMING POOLS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment changes Section 31-1 (additions are underlined and deletions are crossed out): Definition: For the purpose of this chapter, *~"~ *'~"'- ,,o,,,;,,~m.. ..... '" -~'"" m''-- any ..... '~ .... ~ .... ~'"' "~ ~"~; ...... '~ ~"- ~' ..... sw~mm!.-.g a swimming pool is defined as any structure, hot tub, basin, chamber or tank containing an artificial body of water for swimming, diving, or recreational bathing used in connection with a single or double dwelling having the depth of more than 24 inches at any point or a surface area exceeding 150 square feet. Though not used for swimming, this definition includes artificial ponds constructed for landscaping purposes, which shall also be subject to the requirements of this chapter. Section 2. This amendment changes Section 31-5(8) (additions are underlined and deletions are crossed out): All pools shall be surrounded with a nonclimbable or chain link fence of at least four (4) feet in height Th;,..... *.v ......... ~ ,-,, o,,~,~,,-~, 3, ,,~oo* ~ .... /'"~ *~+.. '"'"" ~'~ water °' '~'"=.._v~ ,,,,,,.oo +~, ...... ;.,.,~ ~ .... -'..,+ ,,.~,o+ .;../m ~,.,.+ ;., ~,,~;.,h+ The walls of an aboveground pool may substitute for a fence, provided the pool walls are at least four feet in height and tha~ the pool has-a is equipped with a means to prevent access by a removable or retractable ladder, by self-closing and self-latching r:,leseable gate or other means. A fence surrounding a yard may also be used to meet this requirement, subject to these gate requirements. An acceptable altemative to a four-foot-tall fence is a pool cover that meets the criteda of accepted and accredited testing methods such as that of the American Standards Testing Method or an equivalent standards test. To approve the use of a pool cover, in lieu of the required fence, the city must take into account other existing factors that would suffice for the waiving of the required fence. These factors are things such as, but not limited to, proximity of nei.qhbors, exisfin.q yard fencin.~, tooo~raohv and tree/shrub growth. Section 3. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on ,2003. Attest: City Clerk Mayor 4 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner PLANNING COMMISSION APPOINTMENT September 4, 2003 INTRODUCTION The planning commission has a vacancy created by the resignation of Matt Ledvina. I have attached a map of where the current planning commission members live, a map of where the candidates live and the candidate's applications. (See pages two through eight.) BACKGROUND The planning commission's rules of procedure state that the commission shall recommend candidates based on qualifications and by trying to have a representative geographical distribution of members. RECOMMENDATION Interview the applicant's for the planning commission vacancy and appoint a person to serve on the planning commission. This person would fill the unfinished term on the planning commission that would end on December 31, 2004. kr/p:misc/pcappt.03.doc Attachments: 1. Planning Commission Membership Map 2. Planning Commission Applicant's Location Map 3. Jeff Bartol Application and Resume 4. Roger Posch Application CITY OF MAPLEWOOD LEGEND 264ON -- '~ Attachment 1 1¢40N MAPLEWOOD PLANNING COMMISSION OLorraine B. Fischer, Chair 1812 Fumess Street Maplewood MN 55109 Dale Trippler 1201 Junction Avenue Maplewood MN 55109-3433 OPaul Mueller 1820 Onacrest Court Maplewood MN 55117 OMary Dierich 2624 Promontory Place Maplewood MN 55119 (~ushar Desai 2937 Edward Street Maplewood MN 55109 OWilliam Rossbach 1386 County Road C Maplewood, MN 55109 (~ary Pearson 1209 Antelope Way Maplewood MN 55119 {~Jackie Monahan-Junek 2430 Larpenteur Avenue Maplewood MN 55119 P,\SDSKPROJ\CADMAPS\Nwg\CITY SINGLE LINE.d.g 02/10/2003 05,06,47 PM CST CITY OF MAPLEWOOD County of Romsey, Minnesota 1850 East County Rood B, Maplewood, &in, (651) 770-~-500 55109 LEGEND 2880~ -- IAI PLANNING COMMISSION APPLICANTS Jeff Bartol 2702 Pinkspire Lane Maplewood, MN 55119 Roger Posch 1583 County Road B Maplewood, MN 55109 Attachment 2 SCALE 3 P,\SDSKPROJ\CADNAPS-\OwQ\CIT¥ SINGLE LTN£,dwg 02/10/2003 05,06,47 PM CST tI NAME Attachment 3 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM AUG ADDRESS Z'7o2 , PHONE NO. Work: DATE 1) 2) How long have you lived in the City of Maplewood? (_.o o~on J~o Will other commitments make regular attendance at meetings difficult? Comments: Yes No 3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission ~ Housing & Redevelopment Authority !,7-- Planning Commission Human Relations Commission Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? 5) List other organizations or clubs in the Community in which you have been or are an active pa~icipant: Why would you like to serve on this Board or Commission? ADDITIONAL COMMENTS: g=~,t% co~moa',{~, 6) THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS. S:\CTY_MGR~BOARDS AND COMMISSIONS APPLICATION doc 4/4/02 Jeffrey A. Bartol ... an opporlunity to deploy 28 years of computer content management, file archives, database integration andl identifying production, automation and communica~a integrating, and maintaining user-friendly systems and vendor relaUons, markeling communications, and I seek a business environment that is challenging creative approach while oommitted to professional I believe strongly in incentive-based ~lions, approach and exercise it with corporations that function as smaller, intimate teams watt a the opportunity to minimize bureaucratic obstacles. Over the last 28 years, I have minvented myself several industry. The company I work for must recognize this, sham this same commitment; exchanging information and our economy, determine team success, and ensure the Integral wes incorporated in December of 2000 by a group of IT We were convinced, however, that the World W'a:le Web would ~ business tool; and that integration services and development of i~~! be in demand. As the director of content management, opportunities in areas such as document menagement, asse{ couple years we've developed web-based business applica~ govemment, the DoD, defense contractors, and local legal services and Iow-income housing regulations. During the last two economically challenged yearn, Integral has doubled in ~ have developed a reputation for project management and deFwedng ~ fixed price. BrighTech wes a small web-application developer and systems and success with the dot.com and eCommerce explosion in ltm late 1900's. Banta, I often outsourced high-end technical problems and custom; instrumental in developing both Colorhouse's Rover and Barda's Itnage-S~ter. product development and marketing of what was to become Ilteir own Unfortunately, the dot.com craze imploded, Bdghtech's bad~ revenue product was woefully under-funded. Alter seven monlhs, it became ~ against a rapidly growing number of well-finenced competilors Bce ~ Vignette and over a hundred othem. The Banta Digital Group is a division software development group, Banta IpJegraled Media high-end content management solution to be prepress and corporate marcom entities. However, was brought on board to basically recreate the Colorhouse as a stop-gap measure. In less than a year, successfully addressed the internal workflow, sold to Banta's pmpress customers for ltmir DAM, The continued success of this lower-end solution, stop selling services that competed wilh Bante's Though relocating to Massachusetts to work wilh Banta were limited. This was a new position at Colorhouse that reported application and service of Digital Asset Management or solution (MediaAssets) as well as a 1.4 tembyte laser disk solution could be successfully deployed in a prepmss product; and then integrate that product with both lhe laser server and their existing OPI (pmprass file woddlow system). The decision was made to replace the 'embedded image' open-ended, customizable Te/escope by NorthPlains - a all major platforms including SUN Solaris. We also replaced FullPress by Xinet. We integrated both these products with lira addressed the in-house worldlow, job-tracking and archival I then worked closely with Colorhouse's marketing prepress customers. By working closely with Ihe Technical ~ integrators, and outsource programmers - I was able to accomplish MediaWay was a relatively new company (established in 1993) lhat had. digital asset management solution based on their own reported directly to the CEO and President of Sales and Marketing. quite broad, and dudng these early years of asset management, one of ~ I designed and conducted various seminars and imining courses accounts, ad agencies, printers, prepmss and photo labs. channel, my responsibilities included identifying, selecting, ~ After each sale, I participated in the installation and usem, and assisted with database schema design, population and ctepioymeot. Though the top salesman in '96, I did fall short of my personal sales goals. This fundamental flaws resulting in very difficult and often unsuccessful installations list of reference accounts. 2 of 3 Jeffrey A. Bartol 651-331-1044 MicroFrame was a start up company in 1987 yet fastest growing CAD VARs in the upper ~ product selection, market analysis and corporate ~ was on the software products with APIs sufficient I enough to justify development costs. The most RDBMS's. Accomplishments included being the counl~r's #1 CADD system to be used in storage rack and mezzanir~ layout and test for circuit logic and ladder diagrarns for 3M,; solutions and services including: FMC, TetraPak, GIS was one of the first CAD VARs in the Twin Cities - the manufacturing, engineering and architeclurai communilles. and system integration. I developed one of the first architectural specification and was responsible for the sale manufacturinQ firms includin~l: Ellerbe Becket, KKE & ~ FMC is a design and manufacturer for the federal responsible for identifying needs and solutions for various i Manufacturing) including: mechanical engineering, element analysis, NC (numerical control), and tooling. scheduling and utilization, sottware testing, ~ As lhe CADD Supervisor for the largest architeclural firm ramifications and ROI for implementing one of the first supervised the initial operating staff and coordinated the was also responsible for:. maintaining system securily & file company standard operating procedures, file naming systems and comprehensive library of constmclion details, symbols and notes. Vadous CAD, CAM, FEA, Solid Modeling, Database Management, Oflemting Administrative classes - Over 1,000 hours bet~#cc.'t 1975 and 199~ I also hours of sales training including curriculum provided by IBM included the MasterMind Sales Training program offered by Warn!Net. (Course available upon request.) Bachelor of Architecture, University of Minnesota (1976 - 1982) Professional Associations include American Institute of ~ Engineers, AIIM, Intemational Pmpress Association, Prinling ~ of American Advertising Federation (AdFed), and IDEAJlianne Communications Association where I assisted in developing Production in the Graphic Arts' - available upon request). I speaker at conferences for most of these associations. References available upon request. 3 of 3 Jeffrey A. Bartot 651-331-1044 NAME CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM Attachment 4 ADDRESS /-~'7~ 3 PHONE NO. Work: EMAIL (Z~?o..~/Y ~) Home: FAX 1) How long have you lived in the City of Maplewood? 'z.~ / 2) Will other commitments make regular attendance at meetings difficult? Yes No / Comments: On which Board or Commission are you interested in serving? (please check) A description of the duties of each committee is on back. Community Design Review Board _,zPark & Recreation Commission Housing & Redevelopment Authority ~/ Planning Commission Human Relations Commission Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commisison's scope of responsibilities?/U o, 6) 5) participant: . Why would you like to se~e on the Board or Commission? List other organizations or clubs in the Community in which you have been or are an active ADDITIONAL COMMENTS: THE INFOj~MA T/ON CONTAINED IN THIS APPLICA T/ON AND ANY ATTACHMENT PROVIDED ARE CONSIDERED ~' ~ ' -" . ,:. PUBLIC INFORMA T/ON. WORD/BRD&COMM 04/02 8