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HomeMy WebLinkAbout09/19/1994MAPLEWOOD PLANNING COMMISSION September 19, 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 September 6, 1994 Holiday Store (Lower Afton Road and McKnight Road) Land Use Plan Change Zoning Map Change Code Change 6. New Business ao bo Conditional Use Permit: 1194 County Road C (Lakeview Lutheran Church) Duluth Street, South of County Road C Zoning Map Change Lot Division 7. Visitor Presentations 8. Commission Presentations a. September 12 Council Meeting: Mr. Kittridge b. September 26 Council Meeting: Mr. Axdahl 9. Staff Presentations 10. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA SEPTEMBER 6, 1994 I. CALL TO ORDER Chairperson Axdahl called the meeting to order at'7 p.m. II. ROLL CALL Commissioner Lester Axdahl Present Commissioner Lorraine Fischer Present Commissioner Jack Frost Present Commissioner Gary Gerke Present Commissioner Kevin Kittridge Present Commissioner Dave Kopesky Present Commissioner Mary Martin Absent Commissioner Gary Pearson Present Commissioner William Rossbach Present Commissioner Todd Sandell Present Commissioner Marvin Sigmundik Absent III. APPROVAL OF MINUTES A~ August 15, 1994 Commissioner Fischer moved approval of the minutes of August 15, 1994 as submitted. Commissioner Rossbach seconded Ayes--Axdahl, Fischer, Frost, Gerke, Kittridge, Kopesky, Pearson Abstentions--Rossbach, Sandell The motion passed. IV. APPROVAL OF AGENDA Commissioner Fischer moved approval of the amended agenda, adding item 8. C.- Watershed Committee. Commissioner Rossbach seconded Ayes--aU The motion passed. Planning Commission Minutes of 9-6-94 -2- V. UNFINISHED BUSINESS A. Commercial Property Study Secretary Olson presented the staff report. Commissioner Rossbach disagreed with the staff recommendation that trees or shrubs be required on the residential side of a fence. Mr. Rossbach said that he wants a combination of fence and plantings, but does not want to require the plantings on either one or both sides of the fence. Commissioner Kittridge moved to amend the last sentence in #2 on page 11 to read: If the owner or developer uses fencing, the Commission recommends that the City require trees or shrubs to be used in conjunction with the fence. Commissioner Rossbach seconded Ayes--all The motion passed. The Commission discussed using the Chanhassen ordinance as a guide for possible future Maplewood ordinance changes. They discussed either possibly rezoning BC zones near residential neighborhoods or requiring a conditional use permit for some uses in that zone. Commissioner Pearson moved to strike from page 91 "Gun shops (or sales)--prohibit anywhere in the Cit3~' for consideration in this recommendation. Commissioner Rossbach seconded Ayes--Rossbach, Pearson, Sandell Nays--Axdahl, Fischer, Frost, Gerke, Kittridge, Kopesky The motion failed. Commissioner Kittridge said that at a previous meeting he understood that this item was to be omitted from this report and submitted to the Council separately in order to allow the Council to consider this item, along with the City Attorney's opinion, separately. Some other Commissioners did not feel this was a concern since all of the information, discussion and voting record on the gun shop issue would be included to the Council. Commissioner Frost moved the Planning Commission over the next six months address the intensity of commercial uses by studying traffic, floor area ratios and lot coverage to control the amount of intensity of development in Maplewood. Commissioner Rossbach seconded Ayes--all Planning Commission Minutes of 9-6-94 -3- VI. VII. VIII. Commissioner Pearson seconded The motion passed. NEW BUSINESS The motion passed. Commissioner Rossbach moved that the Planning Commission submit the Commercial Property Study to the City Council for their review. Ayes--all Shoreland Ordinance Secretary Olson presented the staff report and answered questions from the Commission. The Commissioners discussed nonconforming lot requirements and possibly adding height restrictions back into the shoreland ordinance. Commissioner Frost moved the Planning Commission recommend approval of the ordinance revising Article IX, Shoreland Overlay District and Other Related Sections of the Code. Commissioner Rossbach seconded Ayes--all The motion passed. It was decided that this item be submitted to the HRA for thek consideration. VISITOR PRESENTATIONS There were no visitor presentations. COMMISSION PRESENTATIONS A. August 22 Council Meeting: Commissioner Frost reported B. Representative for the September 12 Council Meeting: Commissioner Kittridge C. Watershed Committee Commissioner Rossbach gave a report and updated the Commission on the Phalen Chain of Lakes Watershed Committee. Planning Commission Minutes of 9-6-94 IX. STAFF PRESENTATIONS There were no staff presentations. X. ADJOURNMENT Meeting adjourned at 8:46 p.m. MEMORANDUM TO: FROM: SUBJECT: PROJECT: DATE: City Manager Thomas Ekstrand, Associate Planner Comprehensive Plan Change, Rezoning and Code Change Holiday Store September 13, 1994 CONTENTS INTRODUCTION .............................................................. 2 Project Description ................................................. 2 Request .......................................................... 2 Reasons for the Requests ........................................... 2 PAST ACTIONS .............................................................. 2 DISCUSSION ................................................................. 3 Comprehensive Plan Change and Rezoning ............................ 3 Conditional Use Permit and Design Plans .............................. 3 Open Space ....................................................... 4 Traffic ............................................................ 4 Other Stations ..................................................... 4 crime ............................................................ 5 Drainage .......................................................... 5 Property Values .................................................... 5 Code Change ...................................................... 6 Options .......................................................... 6 Conclusions ...................................................... 6 RECOMMENDATION .......................................................... 7 CITIZENS' COMMENTS ........................................................ 9 REFERENCE INFORMATION ................................................... 10 SITE DESCRIPTION ................................................ 10 SURROUNDING LAND USES ........................................ 10 ORDINANCE REQUIREMENTS ....................................... 10 OTHER AGENCIES COMMENTS ..................................... 10 INTRODUCTION Project Description Mr. Nelson is proposing to build a 4,000-square-foot, one-story Holiday Store with fuel sales. The store would be at the southeast comer of Lower Atton Road and McKnight Road. (See the map on page 12 and the site plan on page 13.) There would be two pump islands with one dispenser on each island. There would be a car wash and a drive-through aisle for the store. (See the project description on page 14.) Request Mark W. Nelson, of Holiday Companies, is requesting the following: 1. A change in the City's land use plan from CO (commercial office) to BC (business commercial) (See the existing and proposed land use maps on pages 15-16.) 2. A rezoning from CO to BC (See the statement on page 17 and the existing and proposed zoning maps on pages 18-19.) 3. A Code change to allow two pump islands instead of only one (See the letter on page 20.) Reasons for the Requests l. The Code does not allow a fuel station on CO-zoned land. The Code allows a fuel station on BC-zoned land by conditional use permit (CUP). The applicant plans to apply for a CUP and plan approval after the City Council reviews the land use plan and zoning map changes. 2. The Code does not allow more than one pump island. The applicant is proposing two pump islands. PAST ACTIONS On July 1, 1971, The City Council granted a special use permit over the entire 25-acre site. The permit was for a 375-unit apartment and town house development. This permit expired in 1972. On October 10, 1983, the City Council rezoned the southeast comer of Lower A/ion and McKnight Roads from F (farm residence) to CO. The Council also changed the land use plan from RM (medium density residential) to LSC (limited service commercial) for this property. (LSC was the previous classification before the City began using zoning classifications last year.) The LSC designation allowed minor motor fuel stations. On December 12, 1988, the City approved a conditional use permit for a planned unit development (PUD). The PUD was for the entire 25 acres owned by Mr. Johnson. The PUD included 152 rental town houses, a 33,600-square-foot retail center and two gas dispensers on one island. On June 1, 1991, the conditional use permit expired. On January 11, 1993, the City adopted a new comprehensive plan. As part of this plan, the City changed the land use categories to match the zoning districts. As a result, the land use for the Holiday site changed from LSC to CO. DISCUSSION Comprehensive Plan Change and Rezoning The current land use plan designation and zoning is CO (commercial office). The CO zone allows offices and related commercial uses. The proposed zoning is BC (business commercial). The BC zone includes a wide variety of commercial uses, ranging from offices to fast-food restaurants and gas stations. The BC-M (business commercial modified) zone allows minor fuel stations, but does not allow car washes. Since the BC zone allows such a variety of uses, the City should put a time limit on any zoning or land use change. If the Holiday Station is not built, the City could rezone the property to CO. There are no specific findings for changing the land use plan. There are, however, certain general development policies for commercial properties. (See page 21 .) This proposal meets these criteria. The four requirements for rezoning are in the resolution on pages 27-28. This proposal meets all but part of the fourth requirement. This requirement states that "The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools." This proposal would create more police calls than an office use. (See the crime section below.) Conditional Use Permit and Design Plans The City requires a conditional use permit for gas stations. The City requires a community design review board application (CDRB) with the conditional use permit application. The CDRB application requires detailed engineering and architectural plans. The developer plans to submit these plans after the Council has acted on the land use plan and zoning map changes. There is at least one change required in the site plan. The City Code prohibits parking spaces within the line of vision between self-service fuel dispensers and the attendant's window. The developer may also have to change the site plan if the Watershed Board requires an on-site detention pond. 3 Open Space One neighbor suggested that the City use this site as an extension of Battle Creek Park. Larry Holmberg, a supervisor with the County Park Department, told me that the County has no plans to buy this property. The entire 25 acres owned by Mr. Johnson was on the City's open space acquisition list. The property owner told the City that he does not want to sell for open space. He plans to develop the property. Traffic Some neighbors stated concerns about too much traffic at McKnight Road and Lower Alton Road. McKnight Road is four lanes and Lower Atton Road is two lanes with a paved shoulder. There is a four-way stop at the intersection. The City has designated both these roads as major arterials. Major arterials are designed for carrying high volumes of traffic to and from residential neighborhoods. I talked to Bob Hamilton, a traffic engineer with the City of St. Paul. He said that the Holiday Station would increase traffic, but would not cause any major problems or safety issues. He thought that the use was appropriate for the comer of McKnight Road and Lower Atton Road. He said that McKnight Road was well equipped to handle the traffic. He suggested that the City require a traffic study to determine levels of service and the need for signals. Mr. Hamilton thought that the setback of the drives from the comer was acceptable. Dan Solar, the Ramsey County Traffic Engineer, told me that the intersection does not have any significant traffic problems. Both McKnight Road and Lower Alton Road have adequate capacity to handle the traffic from the Holiday Station. The four-way stop sign is functioning quite well. As the south end of Maplewood continues to develop, it is likely that the County will signalize this intersection. Mr. Solar thought this might happen in about five years. He stated that the driveway locations were acceptable for the Holiday Station. He did not feel that a traffic study was needed. One of the neighbors stated that MTC busses had to be rerouted because of the traffic. I called the MTC. They said they have done some route changes in that area, but the changes had nothing to do with the traffic. Other Stations One of the neighbors wrote that "Within a two mile radius of our house, we have gas station/convenience stores. We do not need another gas station." One of the people objecting to the Holiday Station is an owner of the Shamrock Plaza. There is a SuperAmerica Station there. The station has two dispensers on one island and a 24-hour convenience store. The City Attorney advised me that the City cannot deny a change to the comprehensive plan or zoning map because 4 of the number of similar uses in the area. The courts have stated that cities cannot make market judgments. Cities must base their decisions on land use criteria. The market will determine how many and which gas stations the neighborhood will support. Crime One of the residents complained that the Holiday Station would create high volumes of transient traffic and provide a hangout for youth gangs much like the Super America station across the street. The St. Paul Police Department told me that they had 158 calls to the Super America Station since January 1, 1992. Most ofthe calls were some type of disorderly conduct, theft or traffic violations. The Holiday Station may have fewer calls because of the hours of operation. The SuperAmerica Station is open 24 hours. The City Code would limit the Holiday Station to 6:00 a.m. to 11:00 p.m. Ken Collins, the Maplewood Director of Public Safety, told me that there should not be a problem of gangs hanging out. Most convenience store operators call the police if this happens. He said that convenience stores are usually monitored by the police to avoid such problems. Mr. Collins stated that a convenience store would probably generate more police calls than an office, but the police calls would not affect the neighborhood. Most such calls are for theft, traffic violations or people driving offwithout paying for gas. Such calls do not generally affect surrounding homes. Drainage The District 1 Council in St. Paul and an owner of the Shamrock Plaza were concerned about drainage. The developer has not yet provided a drainage plan. I talked to Roger Puchreiter at the St. Paul engineering department. He was not aware of any flooding or drainage problems. There is a storm sewer along the east side of McKnight Road. The City does not allow surface drainage to the street. The developer will have to drain the surface water into catch basins and pipe the water to the storm sewer. This should improve the existing drainage. The water from the Holiday Station site now drains onto McKnight Road. The Watershed Board may require a storm water detention pond. This may change the proposed site plan. Property Values The property owner at 338 McKnight Road felt that the Holiday Station would decrease his property values. I called Richard Simmer, a commercial appraiser for Ramsey County. He said that a convenience center with gas would generally have a negative effect on surrounding residential property values. In this case, the negative effect is mitigated by the existing zoning, the existing Shamrock Plaza and McKnight Road. If there would be any negative effect, it would primarily affect the first house to the south. 5 Code Change The Code defines minor fuel station as "a retail business engaged in the sale of motor vehicle fuels which provides no more than one island with a maximum of two dispensers." The applicant is proposing two small islands with each having one fuel dispenser. The intent of the ordinance is to limit the number of vehicles that can fuel up at one time to four. Having two islands, each with one dispenser, would meet the intent of the ordinance. Dispensers that can serve more than two cars at one time are possible, but not probable. According to the Minnesota Service Station Association, such dispensers make up only 2% of the market. The ordinance should require that the dispensers be designed to fuel only two cars at one time (one car on each side). Eliminating the one island requirement would not change the ordinance's intent, but would allow more flexibility in site design. The ordinance also changes the definition of major fuel station, since it is defined as a station having two or more islands. Options Table these requests until the developer does a property value study and submits a CDRB application. Change the land use plan and zoning map to BC-M (business commercial modified). This would allow the gas station, but not the car wash. 3. Approve the developer's requests. Conclusions If the Coun'cil is generally in favor of this use, but wants more information, they should table this request. An option is to approve the land use and zoning changes and deal with the unanswered questions with the conditional use permit and design approval review. However, if the Council is opposed to this type of use, they should deny the land use plan and zoning change now. Otherwise the developer would have to spend money on detailed design and engineering plans for no reason. The decision in this case is whether a convenience store with gas sales and a car wash is better for the City and the neighborhood than offices. The advantage of the proposed use is improved service for area residents. The disadvantage over offices is more traffic, more police calls and a potential negative effect on the property values of the homes to the south. I do not see strong reasons for denying or approving these requests. This decision depends on your philosophy for land use plan changes. The liberal philosophy is to change if there is no strong reason for not changing. The conservative philosophy is not to change unless there is a strong reason to change. Advocates for the liberal philosophy would argue that a City should rely on the free market unless the City can make a case that the proposed use would 6 be detrimental to the City or neighborhood. Advocates for the conservative philosophy would state that neighbors buy surrounding properties based on the land use plan. In this case, the land use classification prior to 1993 would have allowed minor fuel stations. The City Attorney has advised me that the burden of proof for changing the land use plan or zoning lies with the applicant. RECOMMENDATION If the Council is generally in favor of the proposed use, but would like more information, they should table the land use plan and zoning changes. As part of the tabling motion, the Council should ask for an appraiser's opinion of the effect on property values and a CDRB application. The City should hire the appraiser at the developer's expense. If the Council decides to deny these requests, they should deny on the basis of increased traffic, increased police calls and a potentially negative effect on residential property values. If the Council decides to approve the developer's requests, they should make the following motions: Adopt the resolution on page 26. This resolution changes the land use plan for the southeast comer of McKnight Road and Lower Atton Road from CO (commercial office) to BC (business commercial). This change is based on the following reasons: 1. It would be consistent with the Comprehensive Plan's policies for commercial development. 2. There would still be 230 feet of office zones between the Holiday site and the five single dwellings to the south. 3. There is a similar use across McKnight Road. In 1988, the City approved a convenience store and minor motor fuel station on this comer. Approval is subject the following condition: If the developer has not started construction within one year, the land use plan shall revert to the CO designation. Adopt the resolution on page 27. This resolution changes the zoning on the southeast comer of McKnight Road and Lower Alton Road from CO (commercial office) to BC (business commercial). This change is based on the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 7 Co The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. Approval is subject the following condition: If the developer has not started construction within one year, the zoning shall revert to the CO zone. Approve the Code change on page 29. This Code change allows two fuel-dispenser islands for minor fuel stations rather than one island. The number of vehicles that could be fueled up at one time would still be limited to four. CITIZENS' COMMENTS We surveyed owners of the eight properties within 350 feet of this property. Of the six replies, three were in favor and three objected. In Favor 1. I believe it will lead to further development in the surrounding area. (Midway National Bank, Apple Valley) 2. It is a much needed development for south Maplewood. (See the letter on page 22. Mr. Johnson owns the Holiday Station site.) (Johnson, 2299 Londin Lane) 3. See the letter on page 23. (Gerth, 2276 Londin Lane~not within 350 feet) Opposed 1. a. McKnight and Lower Atton cannot handle any more traffic then it already has. It is dangerous enough trying to pull out of our driveway now. MTC busses had to be rerouted because of the traffic. b. Within a two mile radius of our house, we have gas station/convenience stores. We do not need another gas station. c. Development of this property will only decrease the value of my property. Sell this property to the State as an addition to Battle Creek Park. (Palmer, 338 McKnight Road)' 2. It increases high volumes of transient traffic and provides a hangout for youth gangs much like the SA station does today. Use this land for a store front plaza or office building for less overall traffic (transient) than a gas/quick stop grocery store does. (Ketch, 328 McKnight Road) 3. See the letter on page 24. (Anderson, Shamrock Plaza, St. Paul) In addition to the above comments, I met with the District 1 Community Council from St. Paul. Their comments are in the letter on page 25. REFERENCE INFORMATION SITE DESCRIPTION Site size: 1.25 acres Existing land use: undeveloped SURROUNDING LAND USES North: South: West: East: Lower At=ton Road and Battle Creek Park undeveloped commercial property and single dwellings McKnight Road and Shamrock Shopping Center in St. Paul undeveloped commercial property ORDINANCE REQUIREMENTS Section 36-151(b)(9) requires a CUP for a minor motor fuel station and car wash in a BC district. OTHER AGENCIES COMMENTS Ramsey/Washington Metro Watershed District Pat Conrad, of the Watershed District, said the District's main concern would be the handling of the storm water runoff and where this water would be discharged. The District may require a storm water quality basin/detention pond for this project. No further comments can be made until the developer provides a grading plan. A Watershed District permit is required. Ramsey Soil and Water Conversation District Robert Johnson, of the Soil Conservation District, stated that care must be taken to protect the nearby wetland and the abutting streets from sedimentation. Care must also be taken to protect the groundwater from underground tanks leaking. go\b-g:holiday2.mem (12-28) Attachments: 1. Location Map 2. Site Plan 3. Description of Proposed Dcvelopmen! 4. Exis~ag Neighborhood Land Us~ Plan Map 5. Proposcd Ncighborhood Land Usc Plan Map lo 6. P. czonin~ Statement 7. Property ~ine / Zonin~ l~p--Exisfin~ Zonir~ 10. Commercial and Industrial Ek'vclopmcnt Policies 11. Lcucr from Arnold Johnson 12. Lctlcr ~om C, cdm'd Genh 13. Lcncr fi'om Allen I. Anderson 14. L~ttcr from District 1 15. Land Usc Plan Charge Rc~olution 16. Rczoning R~solution 17. Ordnance 18. Plan~ stamped June 28, 1994 (SCl~tc &ttachmcnt) Attachment 1 16 I H UI',~T1N GTO N CT. 2. OAKRIDCE LA. LOCATION MAP 12 N ;f Attachment 2 LO\v'E'~ AFl'ON PUMP ISLANDS & CANOPY RO~D PROPOSED STATION- STORE CAR WASH SITE PLAN 13 N Attachment 3 Description of Proposed Development Southeast Corner of McKnight Road and Lower Afton Road Maplewood, Minnesota Holiday Stationstores, Inc. proposes development of a neighborhood convenience store/superette with gasoline for the southeast corner of McKnight Road and Lower Alton Road to serve the convenience needs of the surrounding area. The property is a large 1.25 acre parcel frbnted by McKnight Road to the west, Lower Afton Road to the north and vacant, Commercial Office District property to the south and east. Holiday's proposal includes an approximately 4,000 square foot convenience store building, two gasoline islands with an overhead canopy, and a car wash. The project is oriented to McKnight Road to serve the convenience needs of the surrounding area. The proposal includes a small area of the convenience store building dedicated to a brand name food sales area, to be operated by Holiday. This large site is able to efficiently accommodate a drive-thru window for this brand name food area in conjunction with the traffic flow patterns for the proposed car wash. Drive-thru and car wash customers will exit toward Lower ^fton Road. At a minimum, the proposal meets the zoning and development criteria. In all areas possible, this proposal provides greater setbacks, parking spaces, and landscaped areas than required in the zoning ordinance. Holiday is excited at the prospect of becoming part of the Maplewood community. We look forward to providing a quality facility and operation to meet the convenience needs of the area. MWN/jw5 14 Attach:ent~4 . u,.,.~ ~ ................. ~ ~ ~ I ~ minor ~i I 15 Attachment 5 / Londin Lane T__ ....... / ~.,.~_~. ~._~--~ I 16 Attachment 6 Rezoning Statement Southeast Corner of McKnight Road and Lower Afton Road Maplewood, Minnesota Holiday Stationstores, Inc. proposes development of a neighborhood convenience store/superette with gasoline for the southeast corner of McKnight Road and Lower Afton Road to serve the' convenience needs of the surrounding area. The property is zoned CO-Commercial Office District. A convenience store/superette with gasoline requires a BC-Business Commercial District zoning. Therefore, Holiday Stationstores, Inc. requests a zoning change from CO to BC for the southeast corner of McKnight Road and Lower Alton Road. The proposed Holiday convenience store/superette with gasoline ("Holiday store") will help serve the existing convenience needs of the area. This development will cater to existing traffic and is not intended to "draw" customers from outside the surrounding area of the site. The site layout promotes safe, efficient on- and off-site circulation and traffic patterns. The proposed Holiday store will provide the most advanced safety systems available. Lighting will promote a safe environment, but will not adversely affect adjoining property. Landscaping and green space is proposed to minimize any impacts the development may have on the immediate area and architectural features will be used to avoid a "commercial look" to the development. The density of the proposed development will be less than what could be developed under the CO-Commercial Office District. The quality of the proposed development should positively impact value in the area. Neighboring property to the west is developed commercially, property to the northwest is high density residential, property to the north is park land/open space, and property to the south/southeast is vacant. Surrounding property, for the most part, is already in use and this proposed project will not detract from that use. Architecturally, the proposed Holiday store will be designed to fit the character of the neighborhood. The property proposed for rezoning enjoys all public services (immediately accessible) and will not create a demand on such services beyond existing capacities. Overall, a zoning change for this property will allow the addition of a high-quality, state- of-the-art convenience facility to meet the needs of the neighborhood. MWN/jw:doc4 17 Attachment 7 FOR ESF'RVF'DBATTLE CREEK PARK'-"' ~ (~' ~'~m~ ~ '''O'~l--~JTJ~''~ ~ ~ LOWER AFTON ROAD PARK CO ......~&~ ~ IIIIIIIIIII BC-' · PROPERTY LINE / ZONING EXISTING ZONING SITE OF PROPOSED HOLIDAY STATIONSTORE MAP 18 Attachment 8 mmmmm mmmmmmmmmmmmmmmmmmJ BC-' .,3...-. · m L --. / PROPOSED ZONING APAR' OUTL( N 19 Attachment 9 Hohdoy Compames July 28, 1994 Mr. Tom Ekstrand City of Maplewood 1830 East County Road B Maplewood, MN 55109 ~L 9 RE: Zoning Code Amendment for Holiday Stationstores, Inc. Southeast Corner of McKnight Road and Lower Afton Road Dear Mr. Ekstrand: As we have discussed during the past several weeks, Holiday's development proposal, for the southeast corner of McKnight Road and Lower Alton Road, includes one gasoline dispenser on two separate dispenser islands. This design promotes safer and more efficient traffic circulation than two dispensers on one dispenser island, and still meets the intent of the code with a fueling capacity for only four vehicles at one time. We are trying to meet the intent of the Zoning Code by limiting fueling capacity. We simply wish to design the site in a manner to most effectively serve our customers. We ask for a Code Amendment to specifically allow two separate dispenser islands, as our plan depicts. We will still have only the two gasoline dispensers as required by the Zoning Code. Please incorporate this request as part of our application. Call me directly at 830-8767 if you have any questions, or if you wish to schedule a meeting to further discuss our proposal. Thank you for your continued assistance. Sincerely, HOLIDAY STATIONSTORES, INC. Mark W. Nelson, Manager Real Estate MWN:jw9 2O Attachment 10 COMMERCIAL AND INDUSTRIAL DEVi~IDP~ POLICIES Tne foUowtng ~re the City's cop~merc~ sad industr~ development poUcies: · Group compatible businesses in suitable areas. · Provide attractive surroundings in which to shop and work. Require adequate off-street loading facilities. · Promote the Joint use of parUln_~ areas, drives and trash eontalners. · Avoid disruption of adjacent residenthl treas. Use planned unit developments (PUDs) wherever practical. Maintain orderly transitions between commercial and residential ~r'eas, Require commercial and indum-hl developers to make all necessary Improvements to ensure compatlbmty with surrounding residential uses. Require adequate screenln_~ or buffering of new or expanded commercial areas from any adjacent existing or .p~-nned residential development. Restrict commercial development which will result in traffic vol-mes which are beyond the capacity of the road systems or generate excessive noise or pollution as clef'reed by state standards. Plan land uses and streets to route nonresidential traffic around residential neighborhoods. 21 Attachment ll 22 Attachment 12 Community Developm,nt Department City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Dear Sirs: We meed more ~onveniemt:shopping in this area and Noliday, with its diverse merchandise will provide for this. The Sha~rock 0enter, le~ated intthe city of St. Paul is begimning to have a rum~down appearance. This added competition will help the neighborhood. ~e town of MapX~wood::coutd~.~enefit from the added tax base. The overall development of the Johnson property is well thought out and will be an asse t to Maplewood. I believe an additional four gas pumps would be more appropriate. The Super Americe ,,tore on the opposite corner has only four pumps and there are al~ys cars waiting. ~ote: I w&s not sent a copy of the opinion survey as m2 home i~ located on Londin L~e--not in the immediat* area of the purposed Nolid~y Station Styre, I drive by this cor~er every day a~d I would appreciate this new ~ddition to the neighborhood. Sincerely, Gerhard Gerth 23 · Attachment A. J. ANDERSON & CO., LTD. CERTIFIED PUBLIC ACCOUNTANTS 93 W. LITTLE CANADA ROAD, SUITE 104 ST. PAUL, MINNESOTA 55117 Phone: (612) 490.9190 o JU,_ July 18, 1994 Mr. Kenneth Roberts, Association Planner City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 Re: Proposed Holiday Gas Station, Car Wash, and Convenience Store at McKnight Road and Lower Afton Road Dear Mr. Roberts: We are strongly opposed to rezoning this area for the following reasons: 1.) We know that cutting down the hill along McKnight Road will permit a flood to occur at Shamrock Plaza Shopping Center. We were nearly flooded out several years ago when a very heavy rain storm occurred! An elimination of the hill and a large blacktopped area will permit the water to wash down on us. We believe this will permit very serious damage to us. 2.) A Super America gas station and convenience store already exists at our shopping center which adequately serves the convenience needs of the neighborhood. 3.) A car wash will draw people from other neighborhoods and will create further congestion and traffic Dr~blems at the intersection of McKnight Rcad and Lower Afton Road. Who will pay for signal lights and required widening of the roads? We recommend that the zoning remain the same and that the hill nQ~ be removed and that the property be used for residential. We have served notice to Ramsey County and City of Saint Paul regarding the potential flood problem to us that would be created by this proposed rezoning. Very truly yours, Allen J. Anderson General Partner Shamrock Plaza Partnership 24 Attachment 14 District 1Community Council Conway Recreation Center * 2090 Conway St. * Room 126 · St. Paul, ~ 55119 District 1 News (612) 292-7828 The Maplewood Planning Commission c/o Mr. Geoff Olson Director of Community Development City of Maplewood 1830 E. County Road B Maplewood, MN 55109 September 6,1994 Re: Rezoning, Southeast Corner of McKnight Road and Lower Alton Road Dear Geoff: Thank you very much for taking the time to meet with the District 1 Hearing Committee. It was very helpful and informative to have you there and the committee certainly appreciated your time. As mentioned at the meeting the committee and other members of the community had some concerns about the proposed rezoning, including the following: 1. The impact of increased traffic and potential need for signals at the intersection. 2. The location of curb cuts and impact of traffic flow in and out of the proposed station on McKnight and Lower Afton Road. 3. Effect of Additional run off on storm sewer capacity. 4. The environmental impact of cutting down and grading the site and effect on the pond to the East. 5. The intensity of the rezoning from CO to BC, the highest intensity business zone. Is this zoning appropriate for this location? Would the site be returned to CO if this project is not carried out? Geoff, thank you again for your time. If it would be alright I would like to attend the Planning Commission Meeting. May I have you send a copy of the agenda? (My fax number is 292-7829.) ! look forward to working with you on this and future projects. CC: ~C%~ty Orgn~fe~' W~ha~niz' e~r Ms. Garneth Peterson, Planner PED Ms. Toni Baker, Ramsey County Commission 25 Attachment 15 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Mark W. Nelson of Holiday Companies, applied for a change to the City's land use plan from CO (commercial office) to BC (business commercial). WHEREAS, this change applies to a 1.25-acre site at the southeast comer of McKnight Road and Lower Affon Road. WHEREAS, the history of this change is as follows: On September 19, 1994, the Planning Commission held a public hearing. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council the land use plan change. 2. On ,1994, the City Council considered public comments and reports and recommendations from the Planning Commission and the City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described change for the following reasons: It would be consistent with the Comprehensive Plan's policies for commercial development. The~e would still be 230 feet of office zones between the Holiday site and the five single dwellings to the south. 3. There is a similar use across McKnight Road. 4. In 1988, the City approved a convenience store and minor motor fuel station on this comer. Approval is subject the following condition: If the developer has not started construction within one year, the land use plan shall revert to the CO designation. The Maplewood City Council approved this resolution on ,1994. 26 Attachment 16 RP7ONING RESOLUTION Whereas, Mark W. Nelson of Holiday Companies, applied for a rezoning f~om CO (commercial office) to BC (business commercial). Whereas, this rezoning applies to a 1.25-acre site at the southeast comer of McKnight Road and Lower A_~on Road. The legal description is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection of the West line of said Northwest Quarter of Northwest Quarter and the South line of the North 362.00 feet of said Northwest Quarter of Northwest Quarter; thence Easterly, along said south line 40.01 feet to its intersection with a line parallel with and distant 40.00 feet East of said West line and the actual poim of beginning; thence continue Easterly, along said south line, 245.00 feet; thence Southerly, parallel with said West line, 100.00 feet; thence Westerly, parallel with said South line, 20.00 feet; thence Southerly, parallel with said West line, 125.00 feet; thence Westerly, parallel with said South line, 125.00 feet; thence Southerly, parallel with said West line, 20.00 feet; thence Westerly, parallel with said South line, 100.00 feet to said line 40.00 feet East of said West line; thence Northerly, along said parallel line to the actual point of beginning. Subject to easements, if any. Whereas, the history of this rezoning is as follows: On September 19, 1994, the Planning Commission recommended that the City Council this rezoning. On ,1994, the City Council held a public hearing. The City Staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the heating an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City Staff and planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, 27 where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. Approval is subject the following condition: If the developer has not started construction within one year, the zoning shall revert to the CO zone. The Maplewood City Council approved this resolution on ,1994. 28 Attachment 17 ORDINANCE NO. AN ORDINANCE ALLOWING TWO FUEL-DISPENSER ISLANDS FOR MINOR MOTOR FUEL STATIONS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes Section 36-6 as follows: (I have crossed out the deletions and underlined the additions.) Section 36-6. Definitions. Minor Motor Fuel Station: The A retail bus[negs ...... ~ :" '~ sale of motor vehicle fuels from "'~':~' .... ~ '~ ......... ~' .....: ~ n ..~ ..,:.~, (2) ...... v ....................................... a maximum of two dispensers for each station. The dispensers shall be designed to serve no more than two vehicles at one time. Major Motor Fuel Station: The A retail bus:.ne::,,..~,,.~,.': ...:- ,hA,.~ sale of motor vehicle fuels from ~qieb-l~e~tes more than two (2) dispensers cr twc,,,-~t"x :~,,~.o.,,..,., for each Station. Section 2. This ordinance shall take effect after the City publishes it in the official newspaper. The Maplewood City Council approved this ordinance on ,1994. 29 MEMORANDUM TO: FROM: SUBJECT: LOCATION: PROJECT: DATE: City Manager Thomas Ekstrand, Associate Planner Conditional Use Permit and Design Review 1194 Co. Rd. C Lakeview Lutheran Church Addition September 15, 1994 INTRODUCTION Requests Lakeview Lutheran Church is requesting the fo]lowing: ]. A conditional use permit (CUP) to do the following: a. Expand the church building The City Code requires a CUP for churches. b. Increase the impervious surface area Lakeview Lutheran Church is in the Kohlman Lake Shoreland District. The shoreland ordinance limits the impervious surface area to 30%. The existing pavement and buildings cover 42% of the site. The proposed addition would increase this to 44% or 14% over the allowed maximum. 2. Approval of plans for a building addition (See the architect's letters on pages 10-12.) Project Description Lakeview Lutheran Church is at 1194 County Road C. (See the maps on pages 7-8.) The church is planning to do the following: 1. Add 2,100 square feet of building This addition would connect the church and school buildings. (See the site plan on page 9.) The addition would have an exterior of horizontal-lap cedar siding on the front (east) side. The applicant plans to add this same siding to the east and north sides of the existing church for a uniform appearance. The rear (west) side would have vertical cedar siding to match the church. 2. Stripe the parking lot 3. Build a trash dumpster enclosure 4. Add paving in from of the proposed enclosure 5. Demolish the 8- by 36-foot church entrance 6. Replace the windows on the south side of the school building (See the attached plans.) DISCUSSION There is no problem with the building design or site plan. The only issue is the proposed increase in the impervious surface area on the site. The City Engineer and DNR feel that a 2% impervious surface area increase would not have a significant effect on the runofffrom this site. RECOMMENDATION Bo Adopt the resolution on page 13. This resolution approves a conditional use permit to expand a church and parking lot at 1194 East County Road C. This permit further allows the increase of impervious surface area to 44% of the site area. Approval is based on the findings required by the Code and subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. Approve the plans (stamped June 23, 1994) for Lakeview Lutheran Church, subject to the findings required by the Code. The property owner shall do the following: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2 2. Complete the following before occupying the building: a. Screen all roof-mounted equipment on the proposed addition that would be visible from streets or adjacent property. (code requirement) b. Provide security fighting as approved by the Director of Public Safety. c. Provide at least one foot-candle of light over the entire parking lot. d. Ail shrubs shall be below window level and away from the building to avoid any hiding places. 3. If any required work is not done, the City may allow temporary occupancy if: a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. c. The City receives an agreement that will allow the City to complete any unfinished work. 4. Ail work shall follow the approved plans. The Director of Community Development may approve minor changes. CITIZEN'S COMMENTS I surveyed the owners of the 17 properties within 350 feet of the Church. Of the seven replies, three were in favor and four had no comment. Those in favor had the following comments: 1. They need the repairs and room. 0Vlunchow, 1210 E. County Road C) 2. Its OK with me. (Kostohryz, 1262 Edgehill Court E.) REFERENCE INFORMATION SITE DESCRIPTION Site size: 2.6 acres Existing land use: Lakeview Lutheran Church and Kid Country Child Care SURROUNDING LAND USES North: South: West: East: County Road C Kline Oldsmobile and Mitsubishi an undeveloped lot that the City has planned and zoned for M-1 (light manufacturing) single dwellings PAST ACTIONS On September 8, 1977, the City Council approved a CLIP for an addition to Lakeview Lutheran Church. On August 14, 1989, the Council approved a CUP for the day care at the church. On August 13, 1990, the Council reviewed the CUP for the day care and required another review in five years. PLANNING Land use plan designation and zoning: M-1 (light manufacturing) ORDINANCE REQUIREMENTS Section 36-437(3) requires a CUP for churches. Section 36-448(b) states that "all uses existing at the time of adoption of this article shall be considered as having a CUP which contains conditions which permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of use shall require an amended CUP." Section 36-566(c)(1)(e) requires that properties in the Kohlman Lake shoreland district have no more than 30% impervious surface area. This may be increased to 50% if the property owner provides an on-site method to reduce the storm water flow or to treat the runoff.for water pollutants. The church does not have the room to provide on-site treatment. Findings for CUP Approval Section 36-442(a) states that the City may approve a CUP, based on nine standards. (See the standards in the resolution on pages 13-14.) Findings for Plan Approval Section 25-70 of the City Code requires that the Community Design Review Board make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that is will not create traffic hazards or congestion. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the City's comprehensive municipal plan. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. 5 PUBLIC SAFETY 1. Security lighting needs to be sufficient for all comers and cutbacks of all buildings. 2. Parking areas need to be well lit. 3. Shrubs should be below the window level and away from the building so no hiding place is possible. go~b-S-.lakevicw, cup (9) Attaclun~nts: 1. Location Map 2. Prope~ Line/Zon~ ~p 3. Si~c Pi,~m 6. ~ Rc~olu~on *7. Plam~m~o~d~u~c23, ]994(scpar~c~m,~*~0 6 VADNAIS HEIGHTS, ' 3. DI~t. U114 CT. ,I,. I.YIX& ST. O) c-m~me~s JUNCTION AVE. Attachment 1 l I LOCATION MAP Attachment 2 COUNTY ROAD C- · ADD. J 2590' ..... AVE-'~ ', 3RD. ~'AD OU TLOT A~ ' WET LAND Attachment 3 .i ® I oo .J 9 CONSTRUCTION :3880 L. AVERNE AVE., SUITE 270 P.O. BOX 896, LAKE ELMO, MN 55042 FAX (612) / //-8673 (612) 7'70-9922 August 10, 1994 Attachment 4 Tom Ekstrand, Associate Planner City Of Maplewood 1830 East County Road B Maplewood, MN 55109 Re: Lake'view Lutheran Church Maplewood, MN Dear Tom: Enclosed is a check and the Conditional Use Permit Application for an expansion of the impervious surface area on the Lakeview Lutheran Church site. 'This-is a non-conforming use due to the requirements of the Coleman Lake shoreland boundary regulations. ~ The two existing buildings, concrete walks~ and bituminous parking and drive surfaces have been in place for years, and combined they cover approximately forty two percent (42 %) of the site. The church now has before.you another Conditional Use Permit Application to construct a building addition which will connect the existing buildings. This will increase the impervious surface area by two percent (2 %) to a total of forty four percent (44 %). Since the majority of the impervious surfaces are existing, the addition of a small amount (2,100 sq~ft.) of additional impervious surface will have minimal impact on the total run-off from the site. The church parking lot is lightly used, and the run-off water has been {aking its present course for years without special treatment or consideration and without any known adverse effects. Because the majority of thc impervious surfaces are existing parking lot, driveways, and buildings, it would bc difficult and expensive to try and collect and/or treat the run-off water. It would'require extensive remodeling of thc site including existing planted areas as well as thc parking and drive surfaces, and there is ONLY 2,100 SQ. FT. OF ADDITIONAL IMPERVIOUS SURFACE being added. The proposed use is consistent with the current use of the property, and would not change the character of the surrounding area or depreciate the surrounding property values. 10 August 10, 1994 Tom Ekst'rand, Associate Plann'er City Of Maplewood Re: Lakeview Lutheran Church TM building addition would not involve any process, material, equipment or methods which are not common to light building construction, and would not be dange, rous, hazardous, disturbing or a nuisance. The addition which links the two exi%ting buildings will improve the overall appearance of the buildings,, which are to receive maintenance work. The use will not affect the present traffic or. increase traffic. The existing public services and utilities' are adequate, and there would be no need for additiOnal public facilities or services. The proposed addition will have minimal impact, on the site's natural or scenic features as it does not disturb the existing trees along the west property line, and the area around the new addition will be landscaped. The roof on the addition is the only impervious area being added. It represents a small increase in the total impervious area, and will have' minimal effect on the environment. Please all with questions or comments. % Respectfully you~ DJB/nea Enclo: Attachment 5 June 1, 1994 Addition and Remodeling At: Lakeview Lutheran Church 1194 East County Road C Maplewood, Minnesota THE BUILDING EXTERIOR: The east elevation of the new building, and the north and east elevations of the remodeled area of the existing church will be rough sawn cedar beveled siding installed horizontally. The rounded corners of the new building will be rough sawn tongue and groove cedar siding installed vertically, and the area over the new entry will be rough sawn tongue and groove cedar siding installed parallel to the profile of the entry roof. The west wall of the addition will be rough sawn vertical groove cedar plywood siding. The wall is temporary because it will be removed when the remaining space between the two buildings is added to provide a large fellowship hall. Thc exterior color scheme will be compatible with thc existing buildings, and will blend thc two building together (Sec attached photos of existing buildings). All wood siding will be prefinished by a prefinisher providing a 25 year warranty on its product. II. WHY THE ADDITION AND REMODELING: The proposed addition will connect two existing buil.ding, and will provide new church offices, entry, narthex, and up-graded restrooms complying with ADA. A space in the existing education building will be remodeled into a nursery, and space in the existing church will be remodeled into an expanded narthex and a meeting room. The proposed changes and remodeling are necessary to connect the two existing building so that the facility will function as a single building. At the same time the added space in necessary to comply with the ADA requirements for restrooms and eliminate the steps into the existing church. The work will include required maintenance including: A. Upgrading furnaces in the church to more energy efficient models. Bo Replacing windows which have deteriorated in the south and east walls of the existing church. Ce Repairing and painting delaminated siding on the existing church. 12 Attachment 6 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Lakeview Lutheran Church applied for a conditional use permit to expand their church and parking lot. WHEREAS, this permit also allows increasing the impervious surface area of the site from 42% to 44%. WHEREAS, this permit applies to 1194 East County Road C. The legal description is: Lots 1, 2, 3 and 11 of Block 1 of Speisers Arbolada Addition WHEREAS, the history of this conditional use permit is as follows: 1. On September 19, 1994, the Planning Commission recommended that the City Council this permit. On ,1994, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the Citystaff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water mn-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 13 The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site°s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. The Maplewood City Council approved this resolution on ,1994. 14 MEMORANDUM TO: FKOM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Zoning Map Change and Lot Division Duluth Street, south of County R. oad C September 15, 1994 INTRODUCTION Project Description Mr. Bruce Mo~en is proposing to develop lots for two homes. The site is a 1.2-acre property on the east side of Duluth Street, south of'County Road C. (See the location map on page 4.) Requests Mr. Mogren is requesting that the City do the following: 1. Change the City's zoning map from M-1 (fight manufacturing) to R-2 (single and double dwellings). Approve a lot division for three lots. The lot north of Duluth Street would be for the church property. There would be two new lots south and east of Duluth Street for houses. The lot north bfthe centerline of the existing utility easement would be 10,020 square feet. The lot south of the easement would be 41,534' square feet. (See the map and site plan on pages 5-6 and his statement on page $.) BACKGROUND On April 26, 1993, the City Council approved rezonings (to R-2) and the preliminary plat for Goff's Mapleview Fourth Addition. This was for the property to the east and northeast of the site. DISCUSSION Zoning Map Change The lot north of the utility easement would have to used for a single dwelling. There is not enough area for a double dwelling. The Code requires at least 12,000 square feet for a double dwelling. The 12,000 square feet must be outside of the drainage easement. There may be enough area in the lot south of the utility easement for a double dwelling. The applicant would have to determine how much area he has outside the wetland boundary. Wetlands There is a large wetland just east of Duluth Street. This wetland is on this property and the property to the east. The developer will not build or grade in the wetland. The City should require wetland buffer easements to protect the wetlands. RECOMMENDATIONS Ao Adopt the resolution page 9. This resolution changes the zoning map for the site from M-1 (light manufacturing) to R-2 (single and double dwellings). The reasons for this zone change are the findings required by ordinance and: 1. The City zoned the property to the east R-2. 2. The zoning is consistent with the land use plan. B. Approve the lot division shown on page 6 of the staff report. Before the City stamps the deeds, the following conditions must be completed: Give the City a wetland easement. This easement shall cover the wetland and the land within ten feet surrounding the wetland. The Watershed District must approve the wetland boundaries. This easement shall prohibit any building or structures within twenty feet of the wetland or any mowing, cutting, filling, grading or dumping within ten feet of the wetland or in the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from fertilizer and to protect the wetland habitat from residential encroachment. The City staff must approve this deed before it is given to the County for recording. Give the City a drainage easement. This easement shall cover the land within the wetland boundaries. The City engineer must approve this deed before it is given to the County for recording. 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. 4. Install survey monuments along the wetland boundary. 5. Record the new deeds within one year. REFERENCE SITE DESCRIPTION Gross Area: Existing land use: Property Owner: 51,554 square feet (1.2 acres) (south and east of Duluth Street) undeveloped Lakeview Lutheran Church SURROUNDING LANDUSES North: Lakeview Lutheran Church across Duluth Street East: undeveloped property for double dwellings and a wetland South: undeveloped property on the east side of Duluth Street West: auto dealerships across Duluth Street LAND USE PLAN The land use plan shows this site for R-2 (single and double dwellings). TREES There are elms, box elders, cottonwoods and poplars on the site. The City's tree ordinance does not require that the developer replace trees under eight inches in diameter or box elder, cottonwoods or poplar trees. The developer does not plan to grade this site. The builders will grade each lot as they construct the two houses. The trees around the wetland should remain since there would not be grading near the wetland. UTILITY EASEMENT A 20-foot-wide utility easement runs east and west through this site. An eight-inch-diameter sanitary sewer line is in the easement. The developer has proposed the property line on the center of the existing sewer line and easement. go/b-S:duluth.mem (9) Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Land Use Plan 5. Narrative Statement fi.om Bruce Mogren 6. Zoning Map Change Resolution 3 Attachment 1 COUNTY ROAD D 1. SUMMIT GT. 2. COUNTRY~EW CiR. 3. DULUTH CT. 4. LYDIA ST. BEAM AVl.. GI~RVA/$ AV~.. VIKING' ~' ~, 12 SHrr. Rm~ AVE. ~ ~ COPE AV~_ Attachment 2 / LAKEVIEW LUTHERAN 2617 2:633 MITSUBISHI a-GONN~ q. NISSAN I I PROPOSED LOT SPLIT, I ,?4/ WETLAND ~'~"~m'l AREA r.,~) ' 3RD. ~D OU TLOT ~ ' LAND "T'o.'rA ~. 8.0~ · CO PROPERTY LINE / ZONING MAP 5 1446 W. C(XINTY ROAD J. MINI~APOUS, MN. 55432 784-934w.5 Attachment 3 I 4~ ce~d III 4I B~uca Mog~n SCALE: 1 klch = 60 feet )ROPOSED LOT SPLIT V' O[SCNIPTION: (PeR SO. Ch of Ouluth St. & North of cenTerl~ of utility ~lh Ik~ Lot 11 101J / ~i POSSIBLE HOUSE PADS I hereby certify that this ~urvey, plan idat, iwdimimlry Idat ()r rqxvl was Ilr~rc~l hy nrc (~r tllxlcl' my direct sup~vi.t~n and thnl I am a duly Rc~,~c~cd Laltl ~lrvc~w ufldcr thc laws (~ IiX: Slate o1' * a. SITE PLAN 6 Attachment 4 I I : minlor arterial I. major collector ,~ .~nnnnnnnnl nnnqlnnnn, n§n .o_. I::t~ -°1~ M-1 -:o~' '~collecl'd~. I p C'~- P BC(M) ' -- :Ii OS ~ OS ~, iM-1 iI_l:~ LAND USE MAP 7 N Attachment 5 In response to "Filing Requirements" number 2. I feel that down zoning this property from '~ 1" to "R 2" viii make the property more consistant with the neighborhood. There are several double homes located Just to the east of this parcel, so a. duplex and small home zoning would fit right in. The property is also a bit too narrow to be used for much of a commercial use. Being the location adjacent to the vetlands would make it very desirable for residential use, If you have any questions please feel free to call.  lncere!y_ - 8 Attachment 6 RESOLUTION: ZONING MAP CHANGE WHEREAS, Bruce Mogren applied for a change in the zoning map from M-1 (light manufacturing) to R-2 (single and double dwellings). WHEREAS, this change applies to the undeveloped property that is east of Duluth Street and south of County Road C. The legal description is: That part of the East 101.5 feet of the west 134.5 feet of Lot 11, W. H. Howard's Gardens Lots, according to the plat thereof on file and of record in the office of the Ramsey County Recorder, which lies Southerly of a line 30 feet Southerly of and parallel to the following described line: Commencing at the northeast comer of Section 9, Township 29, Range 22; thence West, assumed bearing, along the North line of said Section 9 a distance of 498.57 feet; thence south a distance of 43 feet to the beginning of said line; thence south 83 feet; thence southwesterly along a tangential curve, concave to the Northwest, the central angle being 90 degrees, radius 300 feet, a distance of 471.24 feet to a point; thence Southwesterly along a tangential curve, concave to the Southeast, the central angle being 89 degrees, 13 minutes, 15 seconds, radius 283.60 feet, a distance of 441.62 feet and there terminating, subject to easements of record. WHEREAS, the history of this change is as follows: 1. On September 19, 1994, the Planning Commission recommended that the City Council approve the change. On ,1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 9 The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. The City zoned the property to the east R-2. The zoning is consistent with the land use plan. The Maplewood City Council adopted this resolution on ,1994.