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Home My WebLink About08/01/1994MAPLEWOOD PLANNING COMMISSION August 1, 1994 7:00 P.M. City Hall Council Chambers 1830 East County Road B 1. Call to Order 2. Roll Call 3. Approval of Minutes: 4. Approval of Agenda 5. Public Hearings a. July 5, 1994 Open Space Sites Land Use Plan Change: Frost Ave. & English Street (Site 142) Site 143 (East Shore Drive) Site 140 (Trail Crossings) 6. New Business a. Cave's English Street Third Addition Easement Vacation Preliminary Plat 7. Unfinished Business a. Phalen Lake Townhomes Preliminary Plat b. Commercial Property Study--Parking 8. Visitor Presentations 9. Commission Presentations a. July 11 Council Meeting: Mr. Kittridge b. July 25 Council Meeting: Mr. Anitzberger c. August 8 Council Meeting: Mr. Pearson 10. Staff Presentations 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA JULY 5, 1994 I. CALL TO ORDER Chairperson Axdahl called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Roger Anitzberger Lester Axdahl Lorraine Fischer .Jack Frost Gary Gerke Kevin Kittridge Mary Martin Gary Pearson William Rossbach Marvin Sigmundik III. APPROVAL OF MINUTES IV. ao Present Present Present Present Present Present Absent Present Absent Absent June 20, 1994 Commissioner Fischer moved approval of the minutes of June 20, 1994 as submitted. Gommissioner Gerke seconded Ayes--Anitzberger, Axdahl, Fischer, Gerke Abstentions--Frost, Kittridge, Pearson The motion passed. APPROVAL OF AGENDA Commissioner Fischer moved approval of the agenda as submitted. Commissioner Gerke seconded The motion passed. PUBLIC HEARINGS a, Ayes--all Bittersweet Estates: Land Use Change, Zoning Map Ghange, Street Vacation-Demont Avenue (Bittersweet Lane to Flandrau Street), Remove "No Trespassing" Signs, Street Vacation-Demont Avenue (East of Bittersweet Lane), Preliminary Plat (Section 10) Ken Roberts, Associate Planner, presented the public heating notice and staff report and answered questions from the Commission. Planning Commission Minutes of 7-5-94 -2- Bruce Mogren, 10116 67th Lane North, Stillwater, was present representing Bittersweet Associates. John Kavanaugh, 758 East Fourth Street, St. Paul, owner of the property identified as Ouflot A on the proposed plat, spoke concerning past actions regarding his property. Mr. Mogren said he is in agreement with the staffs recommendations, except for the construction of the trail and the costs regarding the recommended improvements. Chairperson Axdahl opened the public hearing for comments from the public. Joe Zappa, 2S22 Flandrau Street, spoke in favor of the proposed plat but said he is opposed to the trail being built. Barbara Williams, 2591 Southlawn Drive, spoke in favor of the trail. Ms. Williams said an access to Four Seasons Park is needed, since County Road C has no walking path and is not a suitable route for children to walk to the park. Marie Weber, 2586 Southlawn Drive, spoke in favor of the trail. Since there were no further comments, the public hearing was closed. The Commission discussed whether 12 feet is necessary for the width of the walkway to access the sanitary sewer manhole on the north property line. Ken Haider, Director of Public Works, commented that 12 feet is necessary to maintain the integrity of the trail, since the public works trucks need about eight feet for access and would break down the edges of an eight-foot trail. Commissioner Fischer moved the Planning Commission recommend: me Adoption of the resolution which changes the land use plan from R-1 (single dwellings) and OS (open space) to R-1 (single dwellings). This change is because: 1. The proposed open space corridor is developed or proposed to be developed with single dwellings. A trail on Flandrau Street would preserve the intent of the open space corridor by providing for pedestrian access between Bittersweet Lane and Four Seasons Park. Commissioner Gerke seconded The motion passed. Ayes--all Commissioner Fischer moved the Planning Commission recommend: Adoption of the resolution which changes the zoning of the Bittersweet Estates plat from LBC (limited business commercial) to R-1 (single dwellings). The reasons for this zone change are the findings required by ordinance and because the R-1 zone would be more compatible with the Bittersweet Lane neighborhood. Planning Commission Minutes of 7-5-94 -3- Commissioner Gerke seconded The motion passed. Ayes--all Commissioner Frost moved the Planning Commission recommend: Adoption of the resolution which vacates the Demont Avenue fight-of-way between Bittersweet Lane and Flandrau Street, except the west 98.95 feet. The west 98.95 ~eet shall be limited to public utilities and a public trail. The City should vacate this street easement because: 1. It is in the public interest.' 2. The City has no plans to build a street on this easement. 3. The adjacent properties have street access. 4. The City cannot vacate the remaining easement because there is public interest in a trail. This vacation is subject to the developer recording this resolution with the final plat. The City shall not release this resolution until the City approves the final plat. D. Direct the Public Works Department to remove the "No Trespassing" signs at either end of Demont Avenue between Flandmu Street and Bittersweet Lane. Adoption of the resolution which vacates the Demont Avenue fight-of-way between Bittersweet lane and the vacated Southlawn Avenue fight-of-way. The City should vacate this street fight-of-way because: 1. It is in the public interest. 2. The City has no plans to build a street on this easement. 3. The adjacent properties have street access. This vacation is subject to the following conditions: 1. Retaining a drainage easement over the south ten feet of the north 30 feet of the west 169 feet of the above-described fight-of-way. 2. The City shall not record this resolution until the developer has completed the grading on the fight-of-way. Commissioner Fischer seconded Ayes--all Planning Commission Minutes of 7-5-94 Commissioner Frost moved the Planning Commission recommend: Approval of the Bittersweet Estates preliminary plat (received by the City on April 22, 1994). Before the City Council approves a final plat, a developer shall complete the following conditions: 1. Sign an agreement with the City that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all City requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the City for the cost of traffic-control and street identification signs. de Construct an eight-foot-wide paved walkway and fencing between Lots 3 and 4 of Block 1 from the cul-de-sac to the existing sanitary sewer manhole on Lot 4, Block 1. Also construct a 12-foot-wide paved walkway from the existing sanitary sewer manhole on Lot 4, Block 1 to Flandrau Street near the north property line. If requested by the adjacent property owners, the developer shall provide a fence on one or both sides. The developer shall install posts at each end of the trail to prevent cars or trucks from using the trail. The developer shall build the entire trail and any required fencing with the street. The City Engineer must approve these plans. The City will reimburse the developer for the cost of the trail and any fencing that is beyond the plat boundaries. The City is requiring that the developer pay for the part of the trail within the plat since the trail will provide park access to the residents of the new plat. e.* Provide all easements required by the City Engineer. f. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. g. Install survey monuments along any wetland boundary. h. Remove any debris, junk or fill from the wetlands. The developer shall use the Cottages property to haul in fill material. The developer may use Bittersweet Lane for normal development construction traffic. Planning Commission Minutes of 7-5-94 -5- Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, trail and street plans. The building official must approve the retaining wall if it will be over four feet tall. The plans shall meet the following conditions: a. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control handbook.. b. The grading Plan shall: (1) Include proposed building pad elevation and contour information for each home site. (2) Include contour information for the land that the street construction will disturb. (3) Illustrate housing styles that reduce the grading on sites where the developer can save large trees. (4) The tree plan shall show: (a) where the developer will remove, save or replace large trees (b) the size and species of any trees that the developer will plant as replacement trees 3. Show the following on the final plat: a. A twenty-foot-wide utility and trail easement between Lots 3 and 4 of Block 1, and along the north property line of Lot 4, Block 1 b. The existing storm water drainage easement on the east side of the site A drainage easement on the northeast comer of Lot 1, Block 1, subject to the Gity Engineer's approval. This easement shall be for the proposed storm sewer. de Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear properly lines and five feet wide along the side property lines. Show the wetland boundaries on the final plat as approved by the Watershed District. Planning Commission Minutes of 7-5-94 -6- VI. 5? Give the City wetland easements over the two wetlands. These easements shall cover the wetlands and any land within twenty feet surrounding a wetland. The easement shall prohibit any building or structures within twenty feet of the wetland or any mowing, cutting, filling or dumping within ten feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from homeowners' ferrillzer and to protect the wetland habitat from residential encroachment. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the City issues a grading permit or approves the final plat. Commissioner Fischer seconded Commissioner Kittridge suggested that the trail would be better served if located from the Bittersweet Lane cul-de-sac to the Flandrau Street cul-de-sac and then went between Lots 13 and 14 of the Seasons Park Addition. The Commission voted as follows: Ayes--Anitzberger, Axdahl, Fischer, Frost, Gerke, Pearson Nays--Kittridge The motion passed. UNFINISHED BUSINESS A. Maplewood Assisted Care Living Facility (Section 11) Secretary Olson presented the staff report and answered questions from the Commission. Commissioner Fischer moved the Planning Commission reconsider items D and E of the staff report recommendation. Commissioner Pearson seconded Ayes--all The motion passed. Commissioner Frost moved the Planning Commission recommend: Planning Commission Minutes of 7-5-94 -7- Approval of the resolution which approves a 20S-square-foot floor area variance for the studio units, a ll5-square-foot floor area variance for the one-bedroom units and a 130-square-foot floor area variance for the two-bedroom units. Approval is based on these findings: 1. Common areas compensate for the reduced unit size. 2. There are fewer people per unit in senior housing facilities than in conventional apartment buildings. 3. Larger units can be more difficult to get around in for a resident with physical or cognitive impairment. 4. The City approved floor area variances for Rosewood Estates. Approval of the resolution which approves a variance to the City's density standard to use one person per unit for efficiency units. Approval is based on the following reasons: 1. The applicant presented national statistics showing occupancy rates between .9 and 1.0 person per unit for assisted living efficiency units. 2. The City does not have a standard for efficiency units in senior housing. In addition, the City Council should reconsider the City ordinances regarding floor area and density requirements regarding senior and assisted living facilities, since these facilities are different than conventional apartment buildings. Commissioner Pearson seconded Ayes--Anitzberger, Axdahl, Fischer, Frost, Kittridge, Pearson Nays--Gerke The motion passed. VII. NEW BUSINESS A. Floor Area Variance: Rosewood Estates (Section 25) Secretary Olson presented the staff report. Kirk Velett, BRW Elness Architects, spoke representing Rosewood Estates. Mr. Velett explained that the building itself has not been changed, but rather the size of the floor areas and the size of the variance. Tony Schuster, of Rosewood Estates, also spoke. Planning Commission Minutes of 7-5-94 -8- Commissioner Frost moved the Planning Commission recommend adoption of the resolution which approves a 214-square-foot floor area variance for the efficiency units and a 126-square-foot floor area variance for the one-bedroom units. Approval is based on these findings: 1. There are common areas that compensate for the reduced unit size. 2. There are fewer people per urdt in senior housing facilities than in conventional apartment buildings. Commissioner Fischer seconded Ayes--Anitzberger, Fischer, Frost, Kittridge, Pearson Nays--Gerke, Axdahl Commissioners Gerke and Axdahl voted nay, since they feel this is a City Council policy decision. The motion passed. VIII. VISITOR PRESENTATIONS There were no visitor presentations. IX. COMMISSION PRESENTATIONS A. June 27 Council Meeting: Commissioner Fischer reported B. Representative for the July 11 Council Meeting: Commissioner Kittridge X. STAFF PRESENTATIONS Staff reminded the Commission of the July 19 City tour. Xl. ADJOURNMENT Meeting adjourned at 9:08 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Director of Community Development Open Space Sites July 27, 1994 INTRODUCTION The City Council directed the Planning Commission and Parks and Recreation Commission to do the following: Review the acquisition of the property at the southwest comer Frost Avenue and English Street. The Open Space Committee has numbered this site 142. (See the maps on pages 8-9.) 2. Consider buying all, part or none of the property. The City is considering buying open space property from a list of ten sites. (See the list on page 6 and the map on page 7.) State law requires that the Planning Gommission advise the Gouncil whether proposed public acquisitions follow the Gomprehensive Plan. Site 142 is the first site that the Gity is ready to bu3~ It is not shown on the land use plan for open space, so we have scheduled a public hearing to consider changing the land use plan. BACKGROUND On November 2, 1993, the voters approved the open space referendum. The vote authorized the Gity to sell up to $5 million in general obligation bonds to purchase land for open space. The open space committee recommended that the City Council consider buying open space from a list of nineteen sites. In March the Gity mailed letters to the owners of seventeen of the top nineteen properties. The Gity did not contact the owners of sites 153B and 150. Site 153B was part of the high school referendum and site 150 was under condemnation by MnDOT. The owners of ten of these properties were interested in selling. The open space committee included sites 173, 140 and 103C because they were top rated in their respective neighborhoods. The overall open space ranking of these sites was not high enough to include them in the top nineteen sites. Site 103G in particular had a low rating, ranking 57 out of 67 sites. This list on page 6 shows the overall open space ranking for the top sites. On July 18, 1994, the Parks and Recreation Commission recommended that the City not buy site 142. They were concerned about the lack of environmental and aesthetic qualities and the high cost. (See the memo on page 14 from the Park and Recreation Director.) DISCUSSION Frost Avenue and English Street Site (Site 142) The City is planning site 142 for commercial and medium density residential use. If the City decides to buy all or part of this site for open space, they should change the land use plan accordingly. The maps on pages 10-12 show the existing land use plan map and the proposed maps with all or part of the site in open space. The Committee ranked site 142 seventh out of 67 sites. The City has an option to buy site 142. The City could buy the entire site for $827,000 or the 7.5 acres on the comer for about $413,500. (The property owner told me that he will only sell the entire property or the comer. He has plans to develop town houses on the rest of the site.) The only significant natural features on the site are some large cottonwood trees, twelve large elm trees and one large oak tree. The City Code does not consider cottonwood trees to be a significant natural feature. (Section 9-188 of City Code defines significant natural features.) The site does have value as open space for its own sake, and for residential development. In the past, the Council has been concerned about the marginal quality of businesses along Frost Avenue and English Street. The best thing the City could do for these businesses is allow site 142 to develop with town houses. Site 142 is the last opportunity to provide new customers to this marginal commercial area. Site 142 can be developed with 148 town houses which would produce about 326 permanent customers. One of the Council's goals is to spread the open space purchases over as large an area of the City as possible. Buying all of site 142 would use 17% of the City's open space money. This is a lot of money for one site that has few significant natural features. If the City decides to buy site 142, they should just buy the 7.5 acres on the comer. Considering the value to the businesses of developing site 142 into town houses, the City should first consider other sites that offer a better open space value. Two such sites are the same area as site 142--sites 143 and 140. The market value of these two sites together is about $100,000 compared to $827,000 for site 142. Both sites are within 3/4 mile of site 142. Site 140 is on the top ten list and site 143 is not. East Shore Drive (Site 143) Site 143 ranked second highest in the Gladstone neighborhood after site 142. The Open Space Gommittee ranked site 143 seventeenth out of 67 sites--a relatively high ranking. The advantage of this site is its proximity to Lake Phalen and its location on East Shore Drive. East Shore Drive, south of Frost Avenue, is a gateway street to the Lake. (See the maps on pages 15-16). It has significant natural features. It is heavily wooded and has a wetland. Another advantage is cost. The estimated value for the 1.38 acres is only $17,000. In addition to ks open space value, site 143 would resolve a drainage problem. The City built a drainage pipe into the wetland. So, the City needs to acquire a drainage easement over the wetland. Buying the whole site for open space would solve this problem. English Street and the BN Corridor (Site 140) Site 140 is in the top ten list. It is only one block from ske 142, at the northwest corner of the east-west Willard Munger Trail and the future north-south trail on the old Burlington Northern corridor. (See the map on pages on pages 17-18.) The Open Space Committee ranked this site 39 out of 67 sites. In spite of a low open space ranking, the Gommittee included site 140 in their recommended list because it was the top ranked site in the Sherwood Glen neighborhood. The advamage of site 140 is that it is at the crossing of two regional trails. Another advantage is cost. The estimated value of the two-acre site is only $34,700. If the City decides to buy site 140, they should include the Soo Line parcel that is at the southeast corner of the two trails. (See the map on page 18.) The Soo Line parcel is 38,300 square feet with an estimated value of $57,500. The advantage of this site is that it is adjacent to a City-owned parcel and undeveloped public right;of-way. Combining the Soo Line parcel with the City land would form an excellent open space site to complement the rest of site 140. The other advantage is that the trees on the Soo Line parcel screen the trail from the commerdal buildings on Frost Avenue. RECOMMENDATIONS Am Table a decision on changing the land use plan and buying site 142 until the City reviews other available sites in the City. Consider this site if there is money left at the end of the process for the following reasons: 1. This site would take 17% of the City's open space money for one site. 2. The Council is trying to spread open space acquisitions around the City. 3. This site has few significant natural features. 4. Developing this ske with town houses would provide new customers to a marginal commercial area. 5. There are other sites in the immediate area that are a better value for the money. If the Council decides to buy site 142, buy only the 7,5 acres on the comer. 8uthorize the staff to obtain appraisals on site 143 (East Shore Drive) for the following reasons: 1. Open space would enhance East Shore Drive as a gateway street to Lake Phalen. 2. The site has significant natural features--woods and a wetland. 3. The Gity needs to acquire a drainage easement on this site. 4. The price is relatively inexpensive. Direct the staff to obtain appraisals and include the Soo Line parcel (at the southeast comer of the two regional trails) with site 140 for the following reasons: 1. This parcel is kiddy-comer from site 140 and at the crossing of two regional trails. 2. This parcel would add to the adjacent City-owned land and an undeveloped fight-of-way, thereby doubling the open space at this comer. 3. The woods on this parcel screen the State trail from the Frost Avenue commercial buildings. go/b-7:openland.mem (4.4 open space committee) Attachments: 1. List of Top-Rated Sites 2. Map of Top-Rated Sites 3. Location Map-Site 142 4. Property Line Map-Site 142 5. Existing Land Use Map-Site 142 6. Proposed Land Use Map-Site 142 (comer only) 7. Proposed Land Use Map-Site 142 (entire property) 8. Zoning Map-Site 142 9. Memo from the Director of Parks and Recreation 10. Location Map-Site 143 11. Property Line Map-Site 140 12. Location Map-Site 143 13. Property Line Map-Site 143 Attachment 1 Ci_tylD# 1S3A 1S1 142 108 159A 159B 116 173 140 103C 143 TOP TEN OPEN SPACE SITES FROM THE OPEN SPACE COMMI'!-I'EE'S RECOMMENDED OPEN SPACE MST Open Space Ranking (67 Sites) 1 6 6 9 9 9 13 21 38 57 17 Property Location-Owner Acres Priory 37 East of Rice, South of B--Zittel & Oren 39 English and Frost 27 Hazelwood and Beam--Pearson 8 McKnight and Lower Afton--Johnson 25 North of Connemara--Williams Pipeline12 Near Spoon Lake--Kuslich & Pillsbury 11 Sterling, south of Carver 20-40 Crossing of Trails, N. of Frost on English 2 Between County Road D and Woodlynn 5 ADDmON RECOMMENDED BY STAFF East Shore Drive--Koreens 1.4 6 Attachment 2 150 /'148 156 Maplewood OPEN SPACE Top Rated Areas THE TOP TEN SITES ARE CIRCLED 7 Attachment 3 ....: .~, $.':' : VIKING DR. LAURIE CT. BURKE KILLMAN AV. GERVAIS AV~. GERVAIS VIKING SHERRF..N AVE. ~ LEbI~IO JUNC'nON O) CHA. ae~S ST SAINT PAUL Attachment 4 I I I I I I PROPERTY LINE MAP SITE 142 Attachment 5 0 0 OS I I~ II II lllnt lllld R-1 = SINGLE DWELLING RESIDENTIAL R-2 = SINGLE AND DOUBLE DWELLINGS R-3(M) = RESIDENTIAL MEDIUM DENSITY m m_ ,imiljor i i~ollectlor i i ,, P = PARK M-1 = LIGHT MANUFACTURING BC = BUSINESS AND COMMERCIAL. maj¢ SITE EXISTING LAND USE PLAN SITE 142 lO Attachment 6 0 o OS I ii II II m_ t~ljori~collect~r il ,~ I,u 0 R-1 = SINGLE DWELLING RESIDENTIAL R-2 = SINGLE AND DOUBLE DWELLINGS R-3(M) = RESIDENTIAL MEDIUM DENSITY p = PARK M-1 = LIGHT MANUFACTURING BC: BUSINESS AND COMMERCIAL. OS = OPEN SPACE Attachment 7 1 OS OS R-1 = SINGLE DWELLING RESIDENTIAL R-2 = ;INGLE AND DOUBLE DWELLINGS R-3(M) = RESIDENTIAL MEDIUM DENSITY P = PARK M-1 = LIGHT MANUFACTURING BC = BUSINESS AND COMMERCIAL. OS = OPEN SPACE mB PROPOSED LAND USE PLAN (NUMBER 2) SITE 142 12 ' 'I'KELLER GOLF COURSE Attachment 8 FLICEK PARK IBBIIBBIBI AVE~ IRil:l/£y II 'BG ~ L~'L:.... HALL R-1 = SINGLE DWELLINGS R2 R1 R-2 = SINGLE AND DOUBLE DWELLINGS R-3 = MULTIPLE DWELLINGS lC = BUSINESS AND COMMEFICIAL 14-1 = LIGHT MANUFACTURING F = FARM RESIDENTIAL ~UMM£R PROPERTY LINE / ZONING MAP SITE 142 EXISTING ZONING 13 N Attachment 9 To: Gretchen Maglich, Ass. i~_n an&get From.' Bruce K. Anderson, Dlr~~ P~ks & Recreation Subs:: Open Space/Frost a Eng~s~A/~~-~ Date July 22, 1994 v-- ~- Introduction The Maplewood Park and Recreation Commission reviewed the feasibility of acquiring Parcel #142 located on the southwest corner of Frost and English. The proposed acquisition is a 26.27 acre site and was ranked sixth by the Open Space Com- mittee. The Parks and Recreation Commission's involvement in the identi- fication of Open Space parcels has been limited. The City Coun- cil has requested the Park Commission review acquisitions prior to City Council consideration. The Park and Recreation Commission reviewed Parcel #142 at their regular scheduled meeting on July 18th and voted unanimously not to recommend acquisition. The Commission did not specifically identify issues, but the general consensus was that the property was not desirable enough from an environmental or aesthetic per- spective, including vegetation, topographic relief and water based resources. There was also concern expressed regarding the proposed acquistion cost. It is my understanding that the Park and Recreation Commission will be reviewing future proposed acquisition parcels, and that nine parcels will be considered at their regular scheduled August 15th meeting. R~comm~ndation I believe it would be beneficial for both you add a representa- tive from the Open Space Committee to attend the August Park and Recreation Commission meeting to provide the commission with a better understanding of the Open Space Committee's selection pro- cess and the involvement of the Trust For Public Land. ]4 Attachment 10 GERVNS AVE. GERVNS VIKING COPE SHERREN AVl. AVl. JUNCTION (1) CHAMBERS ST GOd' EL.DR ~rroN AVl[. FRISBIE AV~. D~,~Oh'T [ BROOKS AW- PAUL 15 Attachment ll I o sOO (~J 17 RYAN o~ CITY PARCEL 5 I I m I PROPERTY LINE MAP SITE 140 16 Attachment 12 NOR ;a-.'o ', °' '. ::":* ~ V1KING DR. LAURIE CT. BURKE: BELMONT SKILLMAN AV. LELA~O JUNCTION (~) CH~aa~S sz SKILL AVE:. COPE: ELDIq BEIJaONT SKILL MAN Pe~l GERVAIS VIKING SHERREN AVE:. BELLWOOD ;¢., ,-;..*' .. (TON AVE. FRISBIE AVE. \0 CITY OF S Attachment 13 PROPERTY LINE MAP SITE 143 18 MEMORANDUM TO: FROM: SUBJECT: PROJECT: DATE: City Manager Ken Roberts, Associate Planner Easement Vacation and Preliminary Plat Caves English Street Third Addition July 27, 1994 CONTENTS INTRODUCTION ........................................................ 2 Project Description ............................................. 2 Requests .................................................... 2 BACKGROUND ......................................................... 2 DISCUSSION ........................................................... 3 Easement Vacation and Ponding Area ............................... 3 Preliminary Plat ................................................ 4 Utilities .................................................... 4 Trail ....................................................... 4 Density .................................................... 4 RECOMMENDATIONS ................................................... 4 CITIZEN COMMENTS ..................................... : .............. 7 REFERENCE ........................................................... 8 SITE DESCRIPTION ............................................ 8 SURROUNDING LAND USES ..................................... 8 PLANNING .................................................. 8 LEGAL ...................................................... 8 SOILS ....................................................... 8 TREES ...................................................... 9 INTRODUCTION Projec~ Des~ption Mr. Sam Cave, representing Cave and Associates, Ltd., is proposing to develop lots for ten homes. The project's name is Caves English Street Third Addition. This plat would be on a 4.17-acre site that is south of County Road B and east of English Street. (See the maps on pages 10-11.) Requests Mr. Cave is requesting that the City: Vacate a drainage and utility easement. The easement is on the southeast comer of the plat. The City has a storm water pond on this easement. Mr. Cave wants to plat lots on the north part of this easement. Mr. Cave attached the following statement to his application: "The drainage easement was dedicated as a condition of a planned unit development (PUD). That PUD was terminated by the City. The reason for the easement no longer exists. The area can best be used now as part of a single family plat." 2. Approve a preliminary plat for ten lots and two outlots. (See the preliminary plat on page 13.) BACKGROUND On June 6, 1986, the City Council approved a preliminary plat and a conditional use permit for a PUD. These were for Caves English Street Second Addition. The approved plans were for five single dwellings on the east side of English Street and sixteen condominiums. The condominiums were to be on the site of the proposed plat. (See the site plan on page 14.) The City required the pond as a condition of the prelim/nary plat. Mr. Cave built the five houses on English Street but did not build the condominiums. On August 25, 1986, the Council approved the final plat for Caves English Street Second Addition. This final plat was for the five single-dwelling lots and a larger lot that is east of the single-dwelling lots. The final plat had the drainage and utility easement on the southeast comer of the site. (See the final plat on page 15.) '~-~ On June 25, 1990, the Council did the following: 1. They ended the CUP for the sixteen condominiums. The staff recommended that the Council end the CUP for the condominiums because the City approved the condominiums on the basis of the railroad tracks that were east of the project. Since the railroad removed the tracks, the original reasons for approving the condominiums changed. 2. They approved an indefinite time extension for the single-dwelling lots on English Street. On December 13, 1993, the Council considered a plan from Mr. Cave for this site. The plan was to vacate the drainage easement on the east side of the site and plat thirteen single-dwelling lots. (See the proposed plat on page 13.) The Council denied the easement vacation for several reasons including the need for a pond in this area. The Council also denied the proposed preliminary plat because it showed lots in a City drainage pond. Since the 1993 Council meeting, Mr. Cave sued the Ci~ On May 24, 1994, the City Attorney met with the judge and Mr. Cave's attorney. They reached a tentative settlement. The settlement includes approving this plat. On July 18, 1994,-the Parks and Recreation Commission reviewed the plat. They agreed by consensus that the plan worked. DISCUSSION Easement Vacation and Ponding Area In 1989, the City built a storm water pond on the drainage and utility easement. Maplewood used assessments and state-aid funding to build the pond. The City designed and built this pond to take storm water from this area. The City needs to have a storm water pond in this area. The Ramsey-Washington Metro Watershed District has identified this pond as part of their Stormwater Runoff and Water 0uaH _ty Management Plan. If the City allows the developer to fill part of the pond, the watershed district will require that the lost storage and sediment and nutrient removal capacity be replaced in this drainage area. (See their letter on page 17.) The developer is proposing to reshape the pond. This change would move it from the east side of the site to the south end of the site on Ouflot B. The pond would then be between the residential lots and Gladstone Park. 3 State law states that a city cannot vacate a public easement unless it is in the public interest. Vacating this easement is in the public interest. The developer will dedicate a new drainage area with the final plat. The vacation would allow a more efficient lot design. Prelimin~y PI~ There are storm sewer pipes along the east property line from County Road B to the north edge of the existing pond. The developer is proposing to extend these pipes with the construction of the revised pond and the new plat. Trail The developer should pave a trail on County Road B between McAfee Circle and the future Gounty trail property. The Gounty plans to pave a trail on the abandoned railroad right-of-way. A trail on County Road B would provide safe access for residents to the Gounty trail and Gladstone Park. Several neighbors thought there were too many lots in this plat. The proposed lot sizes range from 10,000 square feet to 13,450 square feet with an average lot size of 11,480 square feet. The average lot size is similar to those on English Street, Ide Gourt and on McAfee Girde. These range in size from 7,800-23,390 square feet. The City Gode requires at least 10,000 square feet above a drainage easement and 75 feet of width. All of the proposed lots meet or exceed Gity standards. The Gity cannot reduce the number of lots if the developer is meeting the Gity's ordinances. RECOMMENDATIONS Adopt the resolution on page 23. This resolution vacates the drainage easement on Lot 6, Block One of Caves English Street 2nd Addition. The City should vacate this drainage easement because: 1. It is in the public interest. 2. The vacation will allow a more efficient lot design. 3. The developer will dedicate a new drainage area. This vacation is subject to the developer recording this resolution with the final plat. The City shall not release this resolution until the City approves the final plat. 4 Approve Caves English Street Third Addition preliminary plat (received by the City on June 27, 1994). Before the City Council approves a final plat, a developer shall complete the following conditions: 1. Sign an agreement with the City that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and the pond, complete all public improvements and meet all City requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the City for the cost of traffic-control and street identification signs. Construct an eight-foot-wide paved walkway between McAfee Circle and the County trail property. The developer shall build the trail with the new street. The City and County Engineers must approve these plans. The City is requiring this trail because it will provide a safer place for the residents of the new plat to walk to the County trail and Gladstone Park. e.* Provide all easements required by the City Engineer. Remove the existing fence and gate from around the vacated part of the pond and install a fence and gate around the new pond in Outlot B. This fence shall match the existing fence in height and materials. The developer or contractor may salvage the fence and gate materials not used to fence the pond, subject to the City Engineer's approval. 2, Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, fence, erosion control, tree, trail and street plans. The plans shall meet the following conditions: a. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control handbook. b. The grading plan shall include proposed building pad elevation and contour information for each home site. c. The tree plan shall show: (a) Where the developer will remove, save or replace large trees. (b) The size and species of trees that the developer will plant as replacement trees. d. Enlarge the pond capacity to the maximum practical capacity by changing the side slopes to 3:1. 3. Show the following on the final plat: a. A twenty-foot-wide utility easement between Lots 4 and 5 for the proposed storm sewer. be A drainage and utility easement on the east side of Lots 5, 6, 7 and 1 O, Block 1, subject to the City Engineer's approval. This easement shall be for the proposed storm sewer pipes. Cw A drainage and utility easement on the north side of Lots 9 and 10, subject to the City Engineer's approval. This easement shall be for the proposed sanitary sewer pipe. de Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 4. Record covenants or deed restrictions with the final plat that do the following: a. Require the builder of the house on Lot 10 to install a driveway tt~m- around when they build the driveway. b. Prohibit the driveway on Lot 9 from going onto County Road B. 5. Change "Circle" on the plans to McAfee Circle. 6. Deed Outlot B to the City. 7. If they will accept it, deed Outlot A to the property owners to the west. If they will not, include Outlot A in the McAfee Circle right-of-way. 8.* Obtain a permit from the Watershed Board. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the City issues a grading permit or approves the final plat. CmZEN COMMENTS The staff did not survey area residents about the revised plans. In 1993, we asked the nearby property owners for their opinion of the easement vacation and thirteen-lot plat. We sent surveys to the property owners within 350 feet of the site. Out of 38 properties, we received 14 replies. Four were for those requests, nine were against and one had a comment. Property owners for the 1993 requests had the following comments: 1. It looks like a good plan. We would welcome the students. (Mary Schankler - Principal, Weaver Elementary School) 2. It will use this space and bring more residents to Maplewood. (Brough - 1423 Lark Avenue) 3. See the letter on page 18. Property owners again.st the 1993 requests had the following comments: Drainage area 'Easement' was part of taxed project. Will I have to pay extra in the future? Will existing drainage project be adequate for both new developments (Northwood Village and Gaves) along with the existing homes? (Kimlinger - 2213 McAfee Gircle) The new development to the west of our neighborhood is plenty. Houses don't have to be built on every piece of vacant property in the Gity! Does this property really need to be developed? I think it is fine the way it is! (Ranalla - 2219 McAfee Gircle) 3. It will add to an already heavily trafficked English Street. (Se[fen - 2145 English Street) I have lived on English Street all my life. I object to more traffic, more people, more schools, more taxes. I am 76 years old. I have paid my dues. My youngest child is 45 years old so I have paid taxes for fifty years. Now more homes mean more schools and taxes and traffic and assessments. (Neumann - 2155 English Street) 5. I believe that some land should be left as is. (Johnson - 2174 English Street) (See the letters on pages 19-22 for additional comments against the 1993 proposal.) 7 Richard Julander~ the Business agent for Independent School District 622, wrote: 'the school district has no objection.' REFERENCE SITE DESCRIPTION Area: 4.17 acres Existing land use: Property Owner: Undeveloped Cave and Associates SURROUNDING LAND USES North: East: South: West: Houses across County Road B Weaver Elementary School across the former railroad right-of-way Gladstone Park Houses along English Street PLANNING Land use plan designation: R-2 (single and double dwellings) (See the land use plan on page 12.) Zoning classification: R-1 (single dwellings) (See the zoning map on page 11.) Lot Sizes: The average lot in the proposed plat has 11,480 square feet. The City Code requires at least 10,000 square feet for each lot. All the proposed lots meet or exceed the City's lot area standard. Open Space: The Maplewood Open Space Committee did not rate this site. The City has not included this site in its park acquisition plan. In regard to vacations, Chapter 412.851 of Minnesota State law states that 'No such vacation shall be made unless it appears in the interest of the public to do so ...' SOILS The Ramsey Soft and Water Conservation District informed us that the soils on this ske are suitable for development ff the developer controls the erosion. The District recommends that the developer get specific soils data before developing the site. 8 TREES There are trees spread out over most of th/s site. They are mainly 2-6-inch-diameter cottonwood and elm trees. There also is a group of thirteen large maple trees in the west half of proposed Oudot B. The City's tree ordinance does not apply to trees under eight inches in diameter or box elder; cottonwoods or poplar trees. The developer plans to grade most of this site. He will have to remove most of the trees to do this grading, including the large maple trees. The tree ordinance requires the developer to plant replacement trees for any large trees that the grading would remove. gofo-7:engl3-2.mem (10) Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Land Use Plan Map 4. Preliminary Plat 5. English Street Second Addition Site Plan 6. EngLish Street Second Addition Final Plat 7. 1993 Proposed Preliminary Plat 8. Letter: Watershed District 9. Letter: Igo 10. Letter: Steinbring 11. Letter: Karel 12. Letter: Loipersbeck 13. Easement Vacation Resolution 14. Project Plans (separate attachment) GERVAIS AVE. GERVAIS AVE. VIKINg AV~. AW. AW..$. ~roa AVF.. FR1~IE AW.. Attachment 2 LELAND ROAD ' '=' JUNCTION t~,2.,222 AVE. ROAI L I I i SITE PROPERTY -- BE LM ON'~ LINE 11 / ZONING MAP N Attachment 3 '/ interchange -d R-31 LB( l~in~lpal. 1 ~M-1 )r~arlerlal l A~tachment 4 ? 0 / ,q R~,ILRO~D rtl rrl Z I'rl _ Attachment 5' , .,' / · 'i ,/ / .' · /,../ / /; /. I ENGLISH STREET SECOND ADDITION SITE PL L -- j N Attachment 6 JJ ~ LELAND i I ' ~ I I I :JUNCTI~4 I jj ..... )~ ;$ i 4 1 I ,,~. ~, AVE N U E L ' ',K~ I / , I I / / / / / / / / / '"1 F----- -NGLISH STREET SECOND ADDITION FINAL PLAT~" Attachment 7 :!! I 'i J i -,. 0 ..... /.. // 1993 PROPOSAL m m z r- Attachment 8 Ramsey-Washington Metro District 2785 White Bear Ave., Suite 210 Maplewood, MN 55109 (612) 777-3665 9-23-93 To: Ken Roberts Maplewood Community Development 1830 East County Road B Maplewood, MN 55109 Re: Caves English Street 3rd Addition Mr. Roberts, Thank you for submitting the preliminary plat of this development for our review. The ponding basin on this site is identified as KE25 in the District's ~ormwater Runoff and Water Oualiw M0nagement Plan. The plan indicates a volume of 6 acre-feet and a discharge rate of 5 cfs. If the ponding area is eliminated, the District will require the storage amount to be provided sQmewhere in the drainage area. In addition to the water quantity requirements for this basin, the drainage area that the basin lies in has been identified in the Phalen Chain of Lakes Surface Water Management Plan as a potential area to improve storm water runoff quality. The District intends to look into ways to reduce the amount of sediment and nutrients entering Keller Lake from this drainage area. From a water quality standpoint, the pond on the Cave property currently removes some sediment and nutrients from storm water. The District will r~quire that the sediment and nutrient removal capaciw of the pond be replaced if the pond is eliminated. The basin has the soils, vegetation and hydrology to be classified as a wetland and as such would be protected by the Wetland Conservation Act. There is, however, an exemption that may apply to this wetland. The wetland can be fdled "if the landowner can show that the wetland was created solely by actions the purpose of which was not to create the wetland and was approved, permitted, funded or overseen by a public entity. This exemption applies to storm water basins that are constructed in non-wetland areas only. From a review of old aerial photographs it is my belief that the basin on the Cave property was constructed in an upland area. Please contact me if you have any questions regarding this issue. Sincerely, Pan'icl[ J. Conrad District Technician 17 Attachment 9 September 23, 1993 Kenneth Roberts Associate Planner City of Maplewood Office of Community Development 1830 E. Cry. Rd. B Maplewood, MN 55109 Dear Kenneth, This letter is in reply to your survey sent to my home concerning the development of Caves English Street Third Addition. Overall. I have no problem with the development of this area South of County Road B and East of English Street. Our home was built by Cave Builders, and I believe their construction is quality, and that by adding s~ngls fa~ly homes to this area, it can only benefit our neighborhood and property values. However, I live on the corner of County Road B and English Street, and my concern is the increase in traffic this development will add to the already over congested situation we have. As I am sure you are aware, there already is a development of new homes just North of the area you are surveying now, and with the addition of 13 more homes, I believe that the increase in traffic will really will affect the safety of our families. Presently, the only way to cross Highway 36 and head North is either English Street or White Bear Avenue, and the only way to get to Highway 61 is County Road B. I know that County Road B is the only viable option for people to use to get to highway 61 because of Keller Lake Golf Course. However, I do believe that if there was either a stoplight or bridge added to Hazelwood Street, it would eliminate some of the congestion that is caused by the four- way stop on English/County Road B. Presently, to get to the mall, grocery store, movie theater, or hospital, you are forced to take English Street if you live in our area. With Hazelwood altered to be a place to cross 61 and head north, we would be able to follow Hazelwood all the way to Beam Avenue. I hope that this letter will possibly spark some thought as to how the City can re-route the ever increasing traffic in this area. My fear is that now with this proposed addition, it will only get worse. I believe that by adding Hazelwood Street as another way for people to cross Highway 36, it will eliminate some of this traffic, allowing a much safer atmosphere for our families and school children. Si~ngerely,^ ~'~ 2220 English Street Maplewood, MN 55109 18 Attachment 10 Kenneth Roberts - Associate Planner City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Roberts, We oppose the fact that just a couple years ago the City decided to dig a hole, a extremely larg6 deep hole, for a storm sewer ponding area. Now it seems you have come to the realization that it was never needed and now would entertain the proposal to fill it in. We all make mi.qtakes, so go ahead and fill it in. But before you do we demand a refund plus interest of all the money you assessed to our property for digging the hole. In addition I'm sure that some additional general tax revenues went into this project that we, along with all Maplewood taxpayers, paid for. It would be nice to see the Community spend money like it was theirs instead of someone else's, perhaps then it would be spent more wisely. Oh, by the way we, and some of our friends and neighbors actually did see water in the hole after several of our hca,0, rain storms this year. Our back yard, by the way, is part of a ponding area the City thought necessary when they put in Caves first English Street addition 8 years ago. Other than being considerably lower than the rest of the yard, our backyard only gets occasional water running through it. The rest of the time, even the lowest part of the yard is dry. This was another error made in planning on Maplewood's part. Quite possibly in the future we could plan ahead and not dig holes at considerable expense only to decide that it was all a rnlas calculation. Once again our opinion is to refund us the money you assessed us, then and only then ask us about this housing development. Tom & Maureen Steinbring 2222 McAfee Circle Maplewood, MN 55109 Attachment 11 Pg. 20 Attachment 12 22 Attachment 13 VACATION RESOLUTION WHEREAS, Sam Cave, representing Cave and Associates, Ltd. applied for the vacation of the following described easement: The drainage and utility easement on Lot 6, Block 1, of Caves English Street Second Addition. WHERF~, the history of this vacation is as follows: 1. On August 1, 1994, the Planning Commission recommended that the City Council vacate this easement. 'The City Council held a public hearing on August 22, 1994. 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 written 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 following abutting property: Lot 6, Block 1 of Caves English Street Second Addition. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1. It is in the public interest. 2. The vacation will allow a more efficient lot design. 3. The developer will dedicate a new drainage area. This vacation is subject to the developer recording this resolution with the final plat. The City shall not release this resolution until the City approves the final plat. The Maplewood City Council adopted this resolution on ,1994. 23 MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: City Manager Ken Roberts, Associate Planner Phalen lake Townhomes Preliminary Plat South of Frost Avenue and west of English Street K and J Corporation (Ken Nordling and Jeffrey Schoenwetter) July 27, 1994 CONTENTS INTRODUCTION ........................................................ 2 Project Description ............................................. 2 BACKGROUND ......................................................... 2 DISCUSSION ........................................................... 3 Density ..................................................... 3 Drainage Plan ................................................. 3 Tree Plan ..................................................... 4 Park Land .................................................... 4 Trail ........................................................ 4 Streets and Utilities ............................................ 4 RECOMMENDATIONS .................................................... 5 CITIZEN COMMENTS .................................................... 7 REFERENCE ........................................................... 10 SITE DESCRIPTION ............................................ 10 SURROUNDING LAND USES ..................................... 10 PAST ACTIONS-THIS SITE ....................................... 10 HOUSING POLICIES ............................................ 11 TRAFFIC .................................................... 12 SOILS ....................................................... 12 INTRODUCTION Project Description The K and J Corporation is requesting that the City Council approve a preliminary plat. The plat would be south of Frost Avenue and west of English Street. (See the maps on pages 14 and 16.) Ken Nordllng and Jeffrey Schoenwetter represent the K and J Corporation. The project's name is Phalen Lake Townhomes. This site does not include the 7.5 acres on the comer of Frost Avenue and English Street. The owner has no plans for the comer. The City has planned and zoned the comer for commercial use. The plat would include 103 multiple dwellings (87 town homes and 16 double dwellings), Ouflot C for park and Ouflot B for a drainage pond and common area. The preliminary plat shows a trail to Gloster Park. (See the proposed plat on page 17.) The developer has not decided whether they will build the town houses or sell the lots to someone else. So, they have not submitted building plans. The Community Design Review Board would have to review these plans later. A homeowners' association would own and maintain all the streets, drives, utilities and common areas. BACKGROUND On December 13, 1993, the City Council tabled requests by Good Value Homes for 184 town homes until January 24, 1994. The site was the entire parcel at the southwest comer of English Street and Frost Avenue, including the comer commercial property. The requests included a land use plan change to R-3(H) high density residential. (See the plan on page 18.) The Council tabled this project to allow the developer to review their plans. On January 14, 1994, the property owner (Mr. Schoenwetter) asked for a time extension until February 28, 1994. Good Value Homes had dropped out of the project so Mr. Schoenwetter wanted time to revise the plans. The Council granted a time extension until February 28, 1994. On February 28, 1994, Mr. Schoenwetter submitted a similar plan to the current proposal. The Council denied the project because it was a new plan and the Council wanted new applications. The Council vacated Frank Street between Frost Avenue and the south line of Gloster Park. 2 On Sune 27, 1994, the City Council approved the following changes: 1. To the City's land use plan map: a. The R-2 (single and double dwellings) classification on the west side of the site became R-3(M) (medium density residential). b. Some of the R-3(M) on the south side of the site became R-2. c. Outlot C changed from R-3(M) to P (park). (See the map on page 15.) 2. To the City's zoning map: a. The R-2 (single and double dwellings) zone on the west side of the site became R-3 (multiple dwellings). b. Some of the R-3 zone on the south side of the site became R-2. (See the map on page 16.) In addition, the Council tabled a request for a 114-1ot preliminary plat for the site. The Planning Commission recommended that the Council table the plat for more information and revised plans (realigned lots, drainage plan, tree plan, etc.) DISCUSSION The developer dropped eleven units (to 103 units) from Phase II to meet the City's density requirements. He changed the five-unit building at the southwest comer of the site to a double dwelling. This change creates a buffer of double dwellings between the town houses to the north and the single dwellings to the south. Drainage Plan The developer has not submitted a drainage plan for this project. The City Engineer reviewed a drainage plan for the previous Good Value project. He does not feel that the City needs a new drainage plan for preliminary plat approval. He feels that the drainage will work. The Engineer recommends a final drainage plan before final plat approval. Tree Plan The developer's tree plan identifies the large trees on the site. Large trees (8-inch or greater in diameter) are scattered throughout the property. There are seven large cottonwoods on the northern part of the property and 12 elms and some box elders in the proposed twin home area. The City's tree ordinance does not require the replacement of box elders, cottonwoods or trees that are less than eight inches in diameten As part of the Community Design Review process, the developer should show where he will replace the large elm trees. Park Land The parks plan states that the City will consider expanding seven parks, including Gloster Park. The City is using Outlot C and part of Outlot B for soccer fields. Maplewood has a drainage easement over this property but not a park easement. On October 18, 1993, the Park and Recreation Commission recommended that the City buy the property shown as Outlot C on the preliminary plat. On May 16, 1994, the Parks and Recreation Commission reaffirmed this recommendation. The Parks Commission does not plan to buy Outlot B. The City must give credit on the park availability charges if the City requires that a developer dedicate park land. Section 21-57(c) of City Code states that 'Those new housing units to be built in subdivisions which have been platted, and in which have been dedicated acceptable public park land as a part of the plat, shall be given credit to the extent of land dedicated or cash paid on a pro rata basis.' In this case, the value of Outlot C has been diminished. The City has paid for a drainage easement and given the developer density credit for Outlot C. Trail The proposed plan (page 17) shows a trail from the commercial comer to Gloster Park. The developer should make this trail eight-feet-wide with a bituminous surface. The proposed trail would cross the drainage easement to Gloster Park. The developer should extend the trail to Frisbie Avenue over the east one-half of the Frank Street right-of- wa~ Streets and Utilitie~ The developer is proposing privately-owned streets and utilities. There would be no costs to the Gity or to the neighbors. The homeowners' association would maintain the streets and utilities. 4 RECOMMENDATION Approve the Phalen Lake Townhomes prelimin~ plat (received by the City on July 19, 1994). The developer must complete the following conditions before the City Council approves the final plat: Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, easement, trail, driveway and street plans. These plans shall meet the following conditions: a. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District's Erosion and Sediment Control Handbook. b. The grading plan shall include proposed building pad elevations and contour information for each home site. c. The street and driveway plans shall show concrete curb and gutte~; except the driveways for the individual garages. The tree plan shall show where the developer will remove or save large trees. The City Engineer must approve this plan before grading begins or before the City approves the final plat. The developer shall show any replacement trees on the landscaping plan required for the Community Design Review Board. 2. The City Engineer may require grading on Phase II with Phase I if Phase II grading is needed for Phase I. 3. Sign an agreement with the City that guarantees that the developer or contractor will: a. Complete all work that is on the approved plans or required by the City. b.* Place temporary orange snow fencing and signs at the grading limits. Have NSP install street lights in two locations. These lights shall be on the comer of Frost Avenue and Duluth Street and on the comer of English Street and Summer Avenue. The exact location and type of lights shall be subject to the City Engineer's approval. Construct an eight-foot-wide paved trail from the existing commercial comer to Gloster Park and Frisbie Avenue. The developer shall extend the trail on the site plan to Frisbie Avenue over the east one-half of the Frank Street right-of- waM The developer shall build this trail with the Phase I streets and 5 driveways. This trail shall be subject to the approval of the Director of Parks and Recreation and the City Engineer. e. Pay the City for the cost of traffic-control and street identification signs. f. Install "No Parking" signs as follows: (1) On one side of streets that are 28-foot-wide. (2) On both sides of streets that are less than 28 feet wide. g. Remove any junk, debris or tires from the site. h.* Provide all easements required by the City. 4. Submit a revised preliminary plat for the approval of the Director of Community Development. The revised plat shall show the following changes: a. Label the north/south street Duluth Street and the east/west street Summer Avenue. b. Show all lot and block numbers. c. Show Frank Street as vacated. 5. Show the following on the final plat: a. A twenty-foot-wide walkway for the trail between the existing commercial comer to Gloster Park and Frisbie Avenue. The City Engineer shall approve the exact location of the walkway. b. The existing storm water drainage easement on the west side of the site. 6. Submit home owners' association documents for the director of community development's approval. These documents shall show how the association will maintain the common land. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the City issues a grading permit or approves the final plat. 6 CmZEN COMMENTS In 1993, the staff sent surveys to the owners of the 68 properties within 350 feet of the site. This survey requested their opinion of the 184 town houses proposed by Good Value Homes. We did not do a new survey for the current proposal. Of the seventeen replies, four were fox; nine were opposed and four had no comment. For 1. We would like to see t~he property developed. (Gammel - Shoreview) 2. I would like to see more of the four-unit buildings, they have better resale value. (Wothe - 1217 Frost Avenue) It would put to good use an area that has been vacant for many years since the railroad shops moved out. I would hope that this development might increase the value of my small piece of property which is directly across Frost Avenue from the project. (Comford - Saint Paul) You've got to be kidding!!! Why do we need town homes in such a restricted area. The pollution, the noise and the crime increase. Our animal friends are quiet, clean and fun to have around. I would accept single dwellings. (Schnaith - 1220 Frlsbie Avenue) We object to the building of the 14 single-family homes across from our house. My wife and I realize that the development of the property is inevitable, but constructing so much housing in this area doesn't sit well with us. The town house concept is good, (we may want one ourselves), but a buffer zone of trees between Frisbie and the town houses would be acceptable. (Clark - 1230 Frisbie Avenue) I believe this is too many town houses in one small area. You cannot guarantee that these town houses will not be rented, and that is almost always the case. Town houses have a low resale value. At $60,000, the people who buy these are usually first time home buyers and will eventually have to rent before finally reselling. I'm also opposed to the traffic at 176 units-2 cars per unit. That is 352 cars dumping onto Frost Avenue and English can't handle it that close to an intersection. This will also bring down our home value since the average home is $80,000 - we are going backwards with $60,000 homes in the area. (Mackenroth - 1246 Frisbie Avenue) I don't think the developer knows want they want. If you put in 176 units, that is about 3S2 autos and all dumping onto English and Frost and for the 14 houses on Frisbie that's 28 cars or more. The Gity can't control the traffic on this street now, what are they going to do when these houses are built? You haven't said what the price range of the houses is. I still don't want to see low housing or rentals but you can't tell me. I'd like to see the land stay the way it is. So I have to say no. (Thompson - 1254 Frisbie Avenue) There are no recreation facilities planned and Gloster Park provides meager play area for the present community. The higher population density is unacceptable. (Miles - 1280 Frisbie Avenue) I object to the changes from R-2 and R-3(M) to R-3(H). I approve elimination of BG. Preferable would be R-I, secondly, R-1 and R-2. The proposal would be an increase of 60 units and potentially 240 (4 per unit) more residents. This is primarily a single-dwelling neighborhood and to add 176 homes (4 persons per family) would add 700 plus more residents and possibly 350 plus students to our schools. In my opinion, that is much too dense for that size property. An eight-unit building is not acceptable. Single is ideal, double would be acceptable (possibly 4 units). Throughout this area of Maplewood there are many existing town houses and apartment buildings (with vacancies and for sale signs). Within 4 blocks there are already two trailer parks, one large and one small apartment building. In summary, I prefer R-l, R-2. In any case, do not change R-3(M) to R-3(H). Eliminate BG. I agree with the vacation of Frank Street and with the design if the vinyl siding is high grade. (Barrett - 1149 Ripley Avenue) Too many town houses for that space. With such a nice large space and large trees, a nice opportunity is available to make a nicer more open plan to better utilize this park-like area! (Drexler - 1175 Ripley Avenue) 8. It will reduce my property value. Owner-occupied only. (Kloeber - 1199 Ripley Avenue) I am very concerned over the high-density population and traffic problems associated with that density. Would prefer the 116-unit development. (Benjamin - 1955 English Street) 10. See the letter on page 23 from Susan Broin. Staff also received comments from 32 property owners that own property more than 350 feet from the site. One of these was for the project and 31 were opposed. 8 For I think some kind of development is long overdue. The field has never been maintained; the elms are diseased, it is one big junk and garbage depository, it emanates a stench on windy days (maybe dog excrement); it's a hazard for young children and a temptation to older. In short, use it. (Hill- 1210 Belmont Ln. E.) 1. Keep it as a natural, wild, or open land. This development will result in the loss of wildlife habitat. 2. Make it into a park or keep or buy as open space. 3. Single-family homes would be acceptable. 4. It will create drainage problems. 5. Traffic volume may exceed the capacity of the surrounding roads and may create problems at the intersection of Frost Avenue and English Street. 6. Town homes tend to be re-rented--the units may become rental units. 7. Opposed to rental property and the problems it produces. Staff response: Each of the proposed town houses would be sold as individual units, not rented. 8. Sewage upgrades and costs may be borne by existing homeowners. Staff response: The City Engineer told me that the existing sanitary sewer in Frisbie Avenue is large enough to handle the sewage from the proposed development. The Gity would not be improving the sewers or streets because of this project. 9. It will overcrowd the available property. (Too many units in a small area.) 10. The impact of the large number of children generated by the development on schools, play areas and the neighborhood. 11. Decrease in property values. 12. There will be more crime and vandalism. 13. See the letter on page 25 from Berdie/Christiansen (1800 East Shore Drive). 9 REFERENCE SITE DESCRIPTION Area: 17.2 acres for the town house and double dwelling site Existing land use: Undeveloped Property owner: K and J Gorporation SURROUNDING LAND USES North: Undeveloped 7.S-acre area on the southwest comer of Frost and English planned and zoned for commercial uses and businesses across Frost Avenue. East: The L+L Hall and a mobile home park across English Street. South: Undeveloped land on the north side of Frisbie Avenue and houses across Frisbie Avenue. The Gity has approved a preliminary plat for single dwellings on the north side of Frisbie Avenue. West: Gloster Park and a commercial storage yard across the vacated Frank Street right-of-way. PAST ACTIONS--THIS SITE The Burlington Northern Railroad first used this site to repair trains. Whirlpool Corporation later used the buildings for storage. They removed the buildings in about 1980. February 27, 1984: The City Council changed the land use plan and zoning map for this site. Maphwood was planning most of this property for SC (service commercial) with some RM (residential medium density) at Frisbie Avenue and Frank Street. The Council changed the land use plan to RM for most of the lot with some SC at the comer of English Street and Frost Avenue. In addition, the Council changed the zoning from M-2 (heavy manufacturing) to the current zoning. Maplewood made these changes as part of a City-wide zoning and land use plan study. The Council approved the land use and zoning classifications based on a concept plan from the property owner. (See the concept plan on page 23.) This concept plan shows 58-double dwelling units and 88 town homes. This is a total of 146 units (6.2 units per acre). October 12, 1992: The Council approved a land use plan change and the Frisbie Hill preliminary plat. The land use plan change was from RM (residential medium density) to RL (residential low density). This preliminary plat was for fourteen single-dwelling l0 lots on the north side of Frisbie Avenue. The plat's name is Frisbie Hill. (See the preliminary plat on page 22.) October 26, 1992: The Council changed the zoning map for the Frisbie Hill preliminary plat site. This change was from R-2 (single and double dwellings) to R-1 (single dwellings). HOUSING POUCIES The land use plan has eleven general land use goals. Of these, three apply to this proposal. They are: minimize land planned for streets, minimize conflicts between land uses and provide many housing types. The land use plan also has several general development and residential development policies that relate to this project. They are: - Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. Whenever possible, changes in types of land uses should occur so that similar uses front on the same street or at borders of areas separated by major man-made or natural barriers. Include a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of hoasing 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. - Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. The housing plan also has policies about housing diversity and quality that the City should consider with this development. They are: Promote a variety of housing types, costs and ownership options throughout the Ci~ These are to meet the life-cycle needs of all income levels, those with special needs and nontraditional households. The City will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. The City's long-term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the City must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. I'RAFFIC The increased traffic from this project would fall within the County's design standards. Short, Elliot and Hendrickson (SEH), traffic engineers, told us that The Institute of Traffic Engineers projects that town homes generate an average of seven vehicle trips per day. Seven trips per day per unit translates into 721 vehicle trips per day for the proposed 103 town homes. The land use plan shows Frost Avenue as a minor arterial street. It is a four-lane road from Ide Street to Highway 61. The most recent traffic counts by the County showed that Frost Avenue, west of English Street, had 6,450 vehicles per day and east of English Street it had 7,650 vehicles per day. (I have shown the traffic counts on the map on page 21.) This project would add no more than 400 trips per day on Frost Avenue. The design capacity of Frost Avenue is about 15,000 vehicles per day. The land use plan shows English Street as a major collector street. It is a two-lane road with on-street parking. In addition, the traffic counts showed that English Street south of Frost Avenue had 3,800 vehicles per day. They also showed English Street north of Frost Avenue had 6,000 vehicles per day. This development would add no more than 400 trips per day to English Street. The design capacity of English Street is about 8,000 vehicles per day. The Frost Avenue/English Street intersection now has a 4-way stop. The County Traffic Engineer told me that this intersection does not meet the minimum standards for a traffic control signal system. He said that the County would regularly check the traffic volumes and conditions at the intersection. When the intersection meets the standards for traffic signals, the County would put them in their work program. SOILS The Ramsey Soil and Water Conservation District informed us that the soils are generally well-suited for development. A possible high water table during wet seasons may cause problems. go/b-7:phalen5.mem (16) Attachments: 1. Location Map 2. Existing Land Use Plan Map 3. Existing Property Line/Zoning Map 4. Revised Preliminary Plat 5. 1993 Proposed Preliminary Plat and Site Plan 6. 1984 Concept Site Plan 12 7. Frisbie Hill Prellminary Plat 8. 1991 Traffic Counts 9. Letter from the Maplewood Bowl 10. Letter from Susan Broin 11. Letter from Berdie/Christensen 12. Preliminary Plat stamped July 19, 1994 (separate attachment) 13 ~ VlKING DR. BURKE GERVAIS JUNCTX)N O) c:~.~,~sats ST BELMONT SKILLMAN AV, AVE. Si.~EN AVE. AV?.. SAINT PAUL LOCATION MAP k_ la. ,, - Attachment 2 OS R-1 = SINGLE DWELLING RESIDENTIAL R-2 = SINGLE AND DOUBLE DWELLINGS R-3(M) = RESIDENTIAL MEDIUM DENSI'I'~ II ~ ~a JorI ~ olle ct~or ii il · 0 p = PARK M-1 = LIGHT MANUFACTURING BC = BUSINESS AND COMMERCIAL. majc EXISTING LAND USE PLAN KELLER GOLF COURSE )DGE" ~ MAPLEWOOD FLICEK PARK IIIIIIIAv£. ,,' RIPL[Y AVl. )ST mmmmmmmm/amm R2 R1 :-1824! SUMMER R-1 = SINGLE DWELLINGS R-2 = SINGLE AND DOUBLE DWELLINGS R-3 = MULTIPLE DWELLINGS BC = BUSINESS AND COMMERCIAL M-1 = LIGHT MANUFACTURING F = FARM RESIDENTIAL PROPERTY LINE / ZONING MAP EXISTING ZONING 16 Attachment 4 .I · I I , I PHALEN .L~KE TpWNHOMES ....... ~,~ ,;- '~-..I ~ ~ .%' . il I I I I I I IN~'I.Bd1NAIIY REVISED PRELl ~--~ NGLISH STREET ,% EXISTING DRAINAGE AREA STREET RIGHT-OF-WAY VACATION ~I ..... ' .... I ~"-~ :':=";' ' o'~' *',~: -' '-' ,':,=- ' ' ~- , ..... ; I ~ PARK 1993 PROPOSED PRELIMINARY PLAT AND SITE PLAN Attachment 6 FROST AVE FRISBIE AVE 1984 CONCEPT SITE PLAN Attachment 7 · !ll'l' ;'.".' , ": ! ',~l .... -'. ,,; .:'.. ,:.,J" L. ~_...:..-.- '--"'-! .-','F~L.,..--'"'~',~ · ',% ........ "':"",' ' i---"~t,,:{~i,: ' '..~1 ¥~ . ~~,'. }J..~ [ ".1 '_'?'~". %: .:*. ~-: .::" :~~Z. ill! II. I .'.'- -'-"' · ~',." ~l ~ .,!,~ '~~~ I',",i/'~::: .. 'ti ':~..'~ .' ~~qr,'~-l.t If1 .'-". :' · '- -'. · ~, ~'~.'.. ,,, -i 111'~ I. I.: ' ! "'"'..~ ' ~;::' -. /~ /'~,-c,~, .I.,.' ._ ~HOd.f, II i".'"':'ii 4 :. ~ ..:.':-~ .'1' ~ ' :" 1""" "' ~'~ ' !"' ''"~"! ~N"!.:,:-, ~:-.-.-, ,~-: .~: ~.':: ~ ' ~ * ' ,;. ~-, , · ' ~ .- ~,U "Il , ~ ~': ' ~', ,-,.i,L--;--~' ~!t. :i '. ~..,. . ] ..... · ~~,ll,l.~l~ l~t - ]-.:~. ~ ';' ,- ~ ~! [ ii."":: '..I ":~-,: "'.~ ~'~" ~' '~,~ :' '. ', .rl'"~'----' o,~ ':::. '.'-:: ~,'..'. · · .. ~ , .'~ I,' ' 1 ,, ',":"~,~I "~, , -" ~q:.,'F~,l i'..!? :..--,..,.-: .... '. ~ - :~. ;" ~, .'1~'~1 I~ij|.-';:. :i~.'."* - ~,~ I~,'[ Ili_.l, .... ,I:...',...- ~~i2~[ I. I}}~L .~'--.'~,-.: ~: :~ ::. ,...~1 ~tt'.t~t...'..'... ,~ :,,.: ~ ..: · ~,,, .~. IL! ..., ),:~ ~,~,r~; .,~ ..... ~~t[ i,1 I.~'i,~''i. .... q.. ~. ;. ~~ 'I~[ l:i' t'''''-~ ' ~'" -' .... ' '~- ~, .~i>!.,¥ ll~,'!,l'-',r ~'?.':i'-' '; ~', t,~,'i,l~. ! ~.i ~' ]":,',, "'~~l"i"l~, -,.:~'~'-:'.:,", . , ,, · . . I~ ~1 ', . ] · · , .- ~~. ,,.,..,~,-,,,.,..,, .,: : ~,-~:_. ~,~ I,,.I;~,....', :'. · , . . . . :, , -.~~ ,~t! -~.. ...,-.; . : al, I ' .,'. .,~ ~ .t,l , ';,.i . i~'~~!.l.-': :.,','::2",':. ;" '~:-~'._ ."... . . ~!.~{',1,.tI..}.~ · , , . ' ~_. "..'-'_.. ~'"~,I1'1~I1'I, ',,'.' .: ' i ~';".' ~;--""--ti,~-tl ', ~ · · ~~i . ~ : , ..... ~.-'.~/1~'i..- .~ :;.'~.;:~:i .j ~ I ' ,~ -: '.. ',: '~t,L I.:~.... ~ ,: . ~' ~A2t'~A1111l.l- i, ---' .i :, .:-. ......'. ! i ill I ~~.F..!... ,... h ~~~..~ ~- . ..... , .. ,, ~-'""--~~. ~;'/,'~}L' -.J ' ~ ' ':": '! · ~~ D'R'A' IN'A'G' E 'A---REA (NO OUTLET) I '~"~' ! AREA (WITH OUTL~T~ ~----ii'~-~':'¥ · I ...... ,,~ -.,-,,,.,-,,...:,, ,:: , , ,,.., , ~'T'tH..+4 ' !' . . .'. ~~I![-L r. ,., lira f llf Il · -' . .... - ' , ....,7~,,i,~1 . ,: It-____-.,- ... '-: _.' ' -'- ..?t~..,~-2t,..' .? . , · -: ~1~' ' '"' I" ' ' ' .... I-~' .~-~"--~'~',"~:,.W' ~'1 "-. ' :,': · I t DRAINAGE 2O Attachment 8 <e SKILL FROST NTON AVE. FRISBIE ~.~__]rL RIP · .~IA-~ ST. o o 0 6450 AVE. LEY O 7650 ~MER - AVE. o SOPHI Z AVE. AVE. RY (XXXX = AVERAGE NUMBER OF VEHICLES PER DAY) CENTER · 774-8787 40 LANES MAPLEWOOD, MN 55109 Attachment 9 OCT I . October 10, 1992 Mr. Geoff Otson Maptewood City Hall 1830 E. County Road B Map.[ewood, MN 55 109 Dear Mr. Olson: As we discussed on the telephone, please advise the members of the City Council that the MapLewood Bowl and Fun Mall has made the following recommendation: We feel it would be in the best interests (if not imperative) for the future survival of our business that the K-J property on the SW corner of Frost and English be developed with the highest density oi' population possible. We need more bodies! That would suggest that the property be developed in the area of apartment housing or high-traffic commercial business. It is our sincere hope that this recommendation be considered seriously. Thank you. Warmest regards. MAPLEWOOD BOWL, INC. " Detaano D. Benjamin, Fresident 22 0.'5:,23'93 15:07 TODD 'i'OIJ~.lt% LAW '-~ 612 ?70 4506 1.10.550 POi Susan E. Broin 1221Ripley Avenue Maplewood M~ 55109-4321 Attachment 10 August 23, 1993 Kenneth Roberts Associate Planner City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Re: Development Appl. for Phalen Lake Townhomes Dear Mr. Roberts: Dleaoe oonoidor this lottor my re~ponee to your request opinion on the above-referenced matter. I am opposed development. Listed below are some of my concerns. for my to the per day is 10. With the addition of 176 townhomes and 14 single family homes to the neighborhood, the number of cars travelling on local roads would increase by 1900 daily. These additional cars may compromise our safety, and increase noise in the neighborhood. Density: Although I have not had an opportunity to review any plat maps, I believe that the average number of homes per acre an our neighborhood is somewhere between 3 and 3.5. The developers are seeking a land use plan change from it's current designation of R2, R3 and BC, to R3(H) which is a residential high density plan. The proposal indicates that there would be an average of 7.5 units per acre. This is double the current density standard for the neighborhood. Sewer/Drainage: Will any additions be required and, if so, will the cost be assessed to the local homeowners, or to the developer? Rental of Tow~homes: As proposed, the development does not prohibit townhom~ owners from renting out their townhomes to others, Might this development ultimately consist of nothing but rental units? Z3 0:_--:.. 23.'9_-", 15:0:--3 TCI[:,[:, ',"OI_IllL~ LAI.,I --, 612 778 4566 t'..lO. 550 Kenneth Roberts August 23, 1993 Page Two I would like to see the City of Maplewood purchase this property and declare it an open space. I unOerstan~ %nat %he ci=y currently lacks adequate funds to acquire the property. In my opinion, this v~u~nt p~'up~rtx provides a nice transition ~rom "old downtown Maplewood" to the surrounding residential area. Thank you for giving me the opportunity to respond to the proposed development. Sincerely, Susan '~.. Broin SEB/jek 24 Attachment 11 September 27, 1993 Maplewood Planning Comission Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 Dear Commission Members: We would like to express our opposition to the proposed zoning and land use changes to the property between Frost and Frisbee west of English. The property and neighborhood simply cannot support 184 townhomes. That many residences in that space creates a substandard residential environment with resulting decline in property values for all surrounding residences. Thc resulting traffic and pressure on schools and police negatively impacts the neighborhood. Gains in city property tax revenue from thc project would be offset by property value declines in the surrounding area. The current zoning and land use plan represents a balanced, rational, and appropriate use for this property. The mix of commercial, medium, and low density housing provides a path to grow the neighborhood and increase property values. The Commission should recommend that the current, well conceived plan 13e maintained. If any changes are made to the existing plan, it should be to convert the area to open space rather than to multiple dwelling. Sincerely, Sharon Christensen 1800 East Shore Drive Maplewood, MN 55109 25 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Director of Community Development Commercial Property Study--Parking Requirements July 27, 1994 INTRODUCTION The Council requested that the commercial property study include a study of the parking spaces required by the City. BACKGROUND As part of the commercial property study, the Planning Commission has recommended that the City allow part of the required parking spaces to be deferred in a reserve strip until needed. On June 6, 1994, the Planning Commission met with the City Council to discuss the commercial property study. The Council asked the Planning Commission to study the intensity of commercial uses in the commercial property study. The Council was concerned about inadequate parking, particularly when there is a change in use from a less intense to a more intense commercial use. A councilmember used the methadone clinic as an example. DISCUSSION Off-street Parking Requirements The staff obtained the off-street parking requirements of several suburbs. We attached Maplewood's Code requirements (page 3} and summarized the parking space requirements for five other cities (starting on page 4). We included these five cities because they have more uses listed in their requirements than the Maplewood Code has. Maplewood's commercial requirements are similar to these cities. Change in Business Type The City Code requires a conditional use permit when one nonconforming use replaces another. As part of the conditional use permit the Council could require that the new use comply with as many of the City's current standards as practical. These standards could include more parking, landscaping, screening or building maintenance. The City Attorney advises me that any such requirements must be related to the impact of the development. As an example, the City should not require that a business build an off- site trail that is not related to the business. (See the attorney's letter on page 9.) This requirement would not have affected the methadone clinic. The methadone clinic meets the City's current parking space requirement. The Code requires fourteen parking spaces. The clinic has twenty spaces. To solve a similar problem in the future, the City would have to increase the required spaces for clinics. However; the current requirement has been adequate for the other clinics. The City's parking space requirements are minimum standards. There will be uses that need more than the minimum number of spaces. RECOMMENDATION Take no action on this problem. go/b-7:parklng.mem (4.55) Attachments: 1. Maplewood Off-street Parking Requirements 2. Blaine Parking Requirements 3. Bloomington Parking Requirements 4. Brooklyn Center Parking Requirements 5. Golden Valley Parking Requirements 6. Richfield Parking Requirements 7. City Attorney's ~.etter 2 Attachment 1 8ee~ M-22. Off~tr~t parking. (a) The following types of uses shall provide additional off- street parking apace, am indicated, unless otherwise authorized by the city council. All parking spaces shall have proper access from a ~treet or alley and shall be located on or near the lot on which much use is situated; (1) Single.family dwelling: Two (2) spaces. (2) Multiple dwelling: Two (2) spaces for each housekeeping urdt. One of th__~ spaces must be enclosed. (3) Hotel or tourist cabin court: One space for each rental room or suite. (4) Restaurant, cafe or tea room: One space for each fit~y (50) sqtmre feet of floor space devoted to patron use. (5) Theater, auditorium, church ar other place of public semblag~' A minimum of one space for every four (4) mats. Schools must have a minimum of one space for every twenty (20) auditorium seats. (6) Commercial, offwe or recreational building use. other than those specified above' One space for each two hundred (200) square feet, or portion thereof, of floor area. (7) Shopping esaterm having enclose~ ~o~ commo~ are~ One space for each two hundred (200) square feet, or por- tion thereof, of leasable floor area. (8) Manufacturing and warehouse establishment&' One space for each two (2) employees, or one space for each four hundred (400) square feet of manufacturing space and one space for each one thousand (1,000) square feet of ware. house space, whichever is greater. (9) Motor fuel station~' Four t4) spaces, plus three (3) addi- tional spaces for each service sta)l If there is a conve- nience store or restaurant associated with the fuel station, additional parking ahall be provided in accordance with this section. (10) Of~street parking facilitie&' Shall not he reduced below the requirements of subparagraph (a). (11) Motor oehicle repair:. Two (2) spaces for each service stall, one space for each employee and one space for each busi- ness vehicle stored on the mite. Attachment 2 PARKING IN COMMERCIAL DISTRICTS - CITY OF BLAINE BY SQ. BY NO. BY NO. USE CATEGORY FOOT OF SEATS EMPLOY'D OTHER AUTO SVCE. STATION 1 / 1 2 / STALL BANK i i : 1 t400] ]':"' ']i: ':':' :: .] :" BP, DING/ROOMING HOUSE : : ' ' ' 1 PER 3 ACCOMM · ].. ] (2 Miami '" BOWLING ALLEY ' ". '.: ' '' ' ' 7 I. ii~LEY (MiN.) BUSINESS/PROF/ADMIN 1 / 200 CHURCH/SYNAGOGUE 1 / 4 FOOD/DRINK ESTABS. 1 / 100 FURNITURE/APPLIANCE : · ..: & VEHIC. :SALES 1 / 600 ..... i i . '. ]' ] iii i.'.':: HOSPITAL . .. "' :. ' II4(STAFF) :i iPER 2 BEDS ' :: :.: II2(M.D.s) i ..: ' ' i' "i :: HOTEL : ':'; :"i ...::i i I/3. SEPARATE ROOM · ' ":: '::: ; i~3 SUITES LIBRARy &MUSEUM : 1/500 '] ]:i': : '] M!~G.(WJO RETAmi'' I ! SOO .:: i:.i!'.' : :: PLUS ~:'"" :' MED./DENTAL CLINIC ' ':: 1 /I 2 PER 'TRTMT:ROOM MOTEL .:. i i: :'""~ 1/t 1 PER ROOM PRIVATE CLUB/LODGE 1 1 16 :i :. :i '::1/2.5 : *WHICHEVER MORE , , ,,, (ASSBLY~) , ", '"' ' : ,, PUBLIC UT!LITY/SVCE. . ':" 1 / 3 MORE FOR VISITORS REC./COMMUNITY CTR. : .:":" ": i~ ' : TO BE DETE~INED. SCHOOL i · : 1 / t MORE .FOR STUDENTS SUPE~T & HIGH..: .:...] ...... i']: 'i~:!:!! :::" ;::.::: :]:. i :: i.~i:... :; vOLUME RETAIL ~1 7:200 ' ::.:.::':: ;::.:..::i::' ::':: :.. THEATER..::. ': · .:: i/4 : : UNDERTAKING/FUNERAL ' : ': ":' : :::::: ': ::': : ' : ::::: :t0 PER PAYOR ' :: :' ' ::":"' .::: ':'"':' 1PER ~E~C, · ' WAREHOUSE/STORAGE 1 ) 2000 ' :'" ":'::' : 1 1 2 ' ~ WHIcHEvER MORE' (1) REQUIREMENTS ARE CUMULATIVE UNLESS OTHER WISE NOTED ABOVE. (2) OTHER USES FIGURED ON BASIS AS FOR MOST SIMILAR USE ABOVE. · --- CA TEGORIES NOT IN MAPLEWOOD CODE (MA Y BE A SUBDIVISION OF A MAPLEWOOD CA TECrOR Y) Attac hmen/c 3 PARKING IN COMMERCIAL DISTRICTS - BLOOMINGTON BY SQ. BY~NO. BY NO. USE CATEGORY FOOT OF SEATS EMPL'D OTHER / (COMMENT) ~HURCH~ .:;: :: : ; "!:: '.1 ~D:m XSSoC'DUSE HOsPItaL' ' ' ; :'::.::i; ': :i:';'::' : :: '::: : ~ !';: ':'I PER BED '":;':" MED/DEmAL CLINIC ' ; : ' :. i 2:1 5 PER BUS. & PROF. OFFICE ' ' ! / 200 : : (LEASABLE:SPACE) RETAIL SHOPPINQ:,:::: . :i::.' :.'t ! 85...::..: ., (~ SP~,,E) MOTEL 1 / 1 1 PER UNIT RESTAURANT/CLUB 1 / 25* 1 / 2.5 *(MEETING/BANQUET) SERVICE STATION 1 / 1 3 PER BAY BOWLING ALLEY : : · ~ :5 :PER LANE· DroVE-iN : "'"':: ::: :' : ~ .::: .::':::':: '' .:I:S IFSSRvEs':FooD · : :: :: :::: :,' 10.!iF'NO~ (MiN.) OTHERBUS~/INDUSTRY ::: :':'.: : 'i: : ~:: .. ::':i ':'" & WHOLES~E' ':::i 'i ~.800 ' . .::i ;.' 1/'2 i PER CO. VEmC. DRIVE-IN B~NK ' :"' :. · :: : i' 6 STACKING SP~CES :~ ::.:: . :: i:i.': ::':: :'': :..' ~:?:i::.':i:.:i 1'ER LXNE W~HOUSE ::::':::': .':' · : ::::' :': :" l:l:l .:::::.;~ ':t~ER~::VEmC. REST/~S~NG HoME· : ':. i~, ::::::.:: .: i..: ::i: .~ !1: i i.: ' .!. PER 4 BEDS·. (I) FOR OTHER BUS./INDUST., BASE IS EMPL 'D STANDARD, THEN ADD THE GREATER OF FLOOR SPA CE OR COMPANY VEHICS. STANDARD (2) REQUIREMENTS ARE CUMULATIVE UNLESS OTHER WISE INDICA TED ($) BLOOMINGTON HAS SPECIAL PRO VISIONS FOR JOINT FA ClLITIES : CA TEGORIES NOT IN MAPLEWOOD CODE (MA Y BE A SUBDIVISION OF A MAPLEWOOD CA TEGOR Y) 5 Attachment 4 PARKING IN COMMERCIAL DISTRICTS - BROOKLYN CTR. BY SQ. BY NO. BY NO. USE CATEGORY FOOT OF SEATS EMPL'D OTHER / (COMMENT) EATING & DRINKING 1 / 2 1 / 2 SERVICE STATION 1 / 1 3 PER BAY & 1 PER CO. VEHIC. RETAIL&FINANCIAL iii/!st 2000 . 5~S/ADDED ' :' ' i .' :'i:'. : : MOTEL & HOTEL 1 / 1 1 PER UNIT BOWLING ALLEY · ' . :15 PERLE MEDtCA~L & DENTAL* ":i i" '.. i f i50.) ' '1'/2:3 PER M:iDjD.D.s. OFFICE BLDGS.: o-2o,oooor. 1 2oo . · : · ,, 20,000 _ 22o,0OO .' (FORMULA)** (..' lOVER 220;000' 1 l 300 . : ' '" oTHER cOMMERciAL '.'.. : : : (NO WHOLESALE) 1't200 : · .:. ' .:: : " RACQUET/SWIM/SPA : '20~tst i~: ]' i: : ::. 2 PER oUDOOR . · t/ADDED 300 i ·TENNIS· ,CT. INDUSTRY/WHOLESALE 1 / 800 1 / 2 WHICHEVER GREATER * 3 PER M.D. IS BASE, THEN ADD GREATER OF SQ. FT. OR EMPLOYEE STANDARD ** FORMULA IS: G.F.A. DIVIDED BY (.0005 TIMES G.F.A.) PLUS 190 NOTE: REQUIREMENTS ARE CUMULATIVE UNLESS OTHER WISE INDICA TED = CATEGORIES NOT IN MAPLEWOOD CODE (MA Y BE A SUBDIVISION OF A MAPLEWOOD CA TEGOR Y) Attachment 5 PARKING IN COMMERCIAL DISTRICTS - GOLDEN VALLEY BY SQ. BY NO. BY NO. USE CATEGORY FOOT OF SEATS EMPL'D OTHER / (COMMENT) OFFICE' :: i 1 7 250 (GROSS OFFICE:SPACE) c~Ssx~s~r~vR~T' :'"? ~/40 · '::: :mU~uC~A) , ... t i SO . (NON-PUBLIC.AREA) .. CLASS H ~STAU~NT · ~:.'~;~. !]35~GFA) i i'3' * WHIc~VER MO~ CLASS Hi ~STA~T i125:'(B~)'"" ':~: ': "...:.:'' :' : ] ] ~.:::.¥~. :.:. :: : U~.(PUBLIC) ::~. (CUM~AT!VE) BO~mG ~.S~G .] I.!~m~K)::. 1/6 ~ * ~IC~R MO~. THEATER/GYM/~C. 1 / 4~ 1 / 4 * WHICHE~R MO~ HOTEL & MOTEL 1 / 3 1 PER SLEEPING UN~ SERVICE STATION 1 / 3 4 PER STALL a 1 PER CO. VEHIC. c~ ~ASH' ~ 1 t ~ aPER STALL &. SALES SHOWR~M : 1/;~ ] ~ / ~ (SQ,~. B~SED ON :~ .' ~ . O~SlDE SHOW. MORTUA~ES ~1/~ 1/3 ~ ' (1) REQUIREMENTS ARE CUMULATIVE EXCEPT AS NOTED (2) RESTAURANTS I & III ARE CUMULATIVE, WHILE REST. II IS 'EITHER/OR : CATEGORIES NOT IN MAPLEWOOD CODE (MA Y BE A SUBDIVISION OF A MAPLEWOOD CA TEGOR Y) 7 Attac~m~n% 6 PARKING IN COMMERCIAL DISTRICTS - RICHFIELD BY SQ. BY NO. BY NO. USE CATEGORY FOOT OF SEATS EMPL'D OTHER / (COMMENT) THEATER 1 / 3 (IF IN SHOPG. CTR.) 1 / 2.5 (IF FREE-STANDING) CHURCH/ASSEMBLY 1 / 2.5 GEN'L OFFICE/BANK 1 / 250 (10 SPACE MINIMUM) RETAIL 1 / 250 SHOPPING CENTER: ~ < 50;000 S~F~ > 50;000 S~F: HOTEL 1 / 1 1 PER UNIT & 1/4.5 SEATS OF ASSOC. USE RESTAURANT: SERVICE STATION 1 / 50 2 / STALL & BASE OF 4 SPACES WAREHOUSE/WHOLESALE 1 / lO00 ~ALTH!FITNESS : ;: ::: : (1) PARKING FOR USES NOT SPECIFIED DETERMINED B Y CITY PLANNER -- CATEGORIES NOT IN MAPLEWOOD CODE (MA Y BE A SUBDIVISION OF A MAPLEWOOD CATEGORY) 8 JOHN F. BANNIGAN, JR. PATRICK J. KELLY JAMES J. HANTON JANET M. WILEBSKI JOHN W. QUARNSTROM Bannig y, P.A. A T T O R N E Y S A T L A W 1750 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET SAINT PAUL, MINNESOTA 55101 July 18, 1994 Attachment 7 (612) 224-3751 FAX (612)223-8019 Mr. Geoff Olson Director of Community Development Ci.ty of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Nonconforming Uses/Additional Use Permit Dear Mr. Olson: In a letter dated July 7, 1994, you asked whether the City could be successfully defended ff the City imposes upon new nonconforming uses, a requirement that the new use comply with as many of the Cities current zoning standards as practical. I have verbally advised you that the success or failure of any such defence would depend largely upon the facts of each particular situation. I believe you already have a copy of the recent decision of the United State Supreme Court entitled "Dolan vs. City of Tigard." As you know, that decision was only issued on June 24, 1994. There has been virtually no opportunity for the Minnesota Courts to issue any local application in light of that Supreme Court decision. I do believe that decision will have a bearing upon any future litigation which might arise from the issuance of a conditionally used permit. The Dolan anflysis may be ,a~r~l;~..a~l~ whenever .~ Civ,, m~:e to impose decisions upon an individual property as opposed to a legislative classification of an entire area of the City. According to previous court decisions, the court must first determine whether a legitimate state interest is being served. Under your proposed scenario, I certainly believe it is highly probable that a COUrt would conclude that adopted zoning standards do serve legitimate state interests. The second questions require the determination whether an "essential nexus" exists between those legitimate state interests and the actual conditions being imposed. Again, I think it is highly likely that the City could defend the existence of this "essential nexus." Mr. Geoff Olson Page Two July 18, 1994 The Dolan case now clarified the next portion of the analysis. According to Dolan, the court must then determine whether the scope of that "nexus" is sufficiently substantial so as to pass judicial examination. Perhaps most troubling is the requirement that "the City must make some sort of individualized determination that the required condition is related both in nature and extent to the impact to the proposed development." There is certainly a strong possibility that a court will begin to impose a much greater burden upon municipalities to make an affnmative showing as to this relationship. In the past, the burden was on the applicant to show that a relationship did not exist. The Supreme Court has now held that the burden is upon the municipality to show that the relationship did exist. For this reason, I am hesitant to provide a clear assurance that the imposition of any such condition can be successfully defended. I believe that the City must be prepared to make a greater showing or substantiation as to the conditions that it imposes on the individual properties or applications. I believe that the blanket endorsement of conditional use permits and their conditions will be subject to a great deal of challenge. Please let me know if you wish to discuss this further. Sincerely yours, GAN & KELLY, P.A. Patrick J. Kegx~.j JJH/dmk c: Michael McGuire lO