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HomeMy WebLinkAbout06/17/2002BOOk 1. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, June 17, 2002, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. May 20, 2002 5. Public Hearing None 6. New Business a. Conditional Use Permit Revision - Hmong Alliance Church (1770 McMenemy Street) b. Conditional Use Permit- Sinclair Fuel Station (223 Larpenteur Avenue East) c. Manufactured Home Park Closing Ordinance Amendment d. Annual Tour e. Follow-up from meeting with Barb Strandell f. Planning Commission Applicant Interviews 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. May 28 Council Meeting: Mr. Rossbach b. June 10 Council Meeting: Ms. Fischer c. June 24 Council Meeting: Mr. Pearson d. July 8 Council Meeting: Ms. Junek 10. Staff Presentations 11. Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. The Commission will then discuss the proposal. No further public comments are allowed. The Commission will then make its recommendation or decision. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. jw/pc\pcagd Revised: 01/95 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 20, 2002 CALL TO ORDER Chairperson Fischer called the meeting to order at 8:25 p.m. I1. ROLL CALL III. Commissioner Commtss~oner Commtss~oner Commtss~oner Commissioner Comm~sstoner Commissioner Commissioner Staff Present: Mary Dierich Absent Lorraine Fischer Present Matt Ledvina Present from 8:25-9:25 p.m. Jackie Monahan-Junek Absent Paul Mueller Present Gary Pearson Present William Rossbach Present Dale Trippler Present Ken Roberts,, Associate Planner Chuck Ahl, Public Works Director Lisa Kroll, Recording Secretary APPROVAL OF AGENDA Commissioner Rossbach moved to approve the agenda. Commissioner Pearson seconded. Ayes - Fischer, Ledvina, Mueller, Pearson, Rossbach, Trippler IV. The motion passed. APPROVAL OF MINUTES Approval of the planning commission minutes for May 6, 2002. Commissioner Rossbach moved to approve the planning commission minutes for May 6, 2002. Commissioner Ledvina seconded. Ayes - Ledvina, Pearson, RossbaCh Abstention - Fischer, Mueller, Trippler The motion passed. Planning Commission Minutes of 05-20-02 -2- V. PUBLIC HEARING a. Dearborn Meadow (Castle Avenue) Mr. Roberts said Mr. Mike Ackerman is proposing to develop nine townhouses (in four twin homes and one single unit) in a development called Dearborn Meadow. It would be on a 2.11- acre site on the south side of Castle Avenue, north of Cope Avenue. A homeowners' association would own and maintain the common areas. Each building would have horizontal-lap vinyl siding, aluminum soffits and fascia and brick veneer on the fronts. In addition, each unit would have a two-car garage. To build this project, Mr. Ackerman is requesting that the city approve: 1. A change to the comprehensive plan. This would be from M-1 (Light Manufacturing) to R-2 (single and double dwellings) for the site. A change to the zoning map. This would be from M-1 (Light Manufacturing) to R-2 (single and double dwellings) for the site. A conditional use permit (CUP) for a planned unit development (PUD). This PUD will allow the townhouses to be on smaller lots than code usually allows (in area and in width) and to have them on a private driveway. 4. A preliminary plat for nine lots for the nine housing units. 5. The design plans for the site, landscaping and buildings. City staff also is proposing to change the zoning and land use plan designations for two areas next to the proposed development. These changes would be from M-1 (Light Manufacturing) to R-2 (single and double dwellings). Mr. ROberts said on April 17, 2000, the planning cOmmission considered Mr. Ackerman's requests for a 10-unit townhouse development. The commission tabled action on the proposed plans to allow the developer's engineer to review the drainage patterns in the area. This was to insure that the proposed development would not increase storm water runoff onto adjacent properties. On May 15, 2000, the planning commission recommended approval of the land use plan and zoning map changes and the lot-area and lot-width variances for the 10-unit proposal. For the preliminary plat, the commission split their vote four to four. On May 23, 2000, the community design review board recommended that the city council deny the 10-unit proposal. The board felt that the site was too dense based on the configuration of the buildings. They felt that 15 feet between structures was too little and that the southerly buildings should be reoriented to face north with their backyards butting up to the backyards to the south. After much discussion and the recommendation from these meetings, Mr. Ackerman withdrew his development requests before staff sent the 10-unit proposal to the city council. Planning Commission Minutes of 05-20-02 -3- Staff does not find a problem with this proposal in terms of compatibility and land use. The proposed townhouses would be near Highway 36 and next to single dwellings. In addition, developers will often build town homes next to single dwellings. A recent example is with the New Century Addition in south Maplewood. The developer, Robert Engstrom, is presently developing this neighborhood with a mix of single dwellings and town homes. There are many other examples in Maplewood, such as Afton Ridge, Southwinds, Bennington Woods and the Carriage Homes of Maple Hills where this is the case. Several neighbors expressed concern over the potential for increased runoff and flooding due to this development. The neighbors also have told staff that there has been an ongoing drainage problem for the area between Cope and Castle Avenues for several years. Specifically, there are properties that have Iow areas that tend to collect storm water, and this water does not drain off quickly. The city should require that the grading/drainage plan would not increase the storm water flow onto any neighbor's land. Since the planning commission last reviewed this proposal in 2000, the developer has revised the grading plan. He is now proposing to expand the wetland to form a larger area for the collection of storm water. As proposed, the utility plan shows most of the storm water from the site, including the private driveways, and the drainage from the undeveloped area east of the site, going into the expanded ponding area. The developer is proposing that the overflow from the pond go into new and existing storm sewer pipes that connect to the city drainage system in Cope Avenue. Based on the latest plans, the developer's engineer provided the city engineer with information and calculations about the storm water. These show that this project will actually reduce the amount of storm water running off the site. Commissioner Trippler said if the city decides that there is not enough on-street parking, who decides after the fact that additional parking is necessary, who gets stuck with the bill for that? Mr. Roberts said as part of the conditional use permit, staff could make the developer pay for that. He does not believe there will be a need for more parking. He said the condition could be taken out. Commissioner Trippler said he feels comfortable that increasing the size of the pond will take care of minimizing the amount of run-off from the development. He asks if any of the water issues from the homes at 1949 or 1953 Cope Avenue are related to ground water at all? He wonders if you increase the capacity and the area of the wetland you may increase the amount of ground water flow. If it is an issue of water going into those basements that may be causing a problem that the city may not be thinking about. Mr. Ahl said when the city extends storm sewer they find almost the opposite. The storm sewer itself has a tendency to lower the ground water slightly. They are moving water that would sit and infiltrate into the ground and that will dissipate and have more of an impact on the ground water. When there is a storm sewer they don't have any surface water that sits around. The flow of the ground water follows the lay of the land and flows downward. Chairperson Fischer asked the applicant to address the commission. Planning Commission Minutes of 05-20-02 -4- Mr. Mike Ackerman of Mike Ackerman Construction at 7317 Brian Drive, Centerville, addressed the commission. He said the townhouses would be one level with an unfinished basement and have 14,050 on the main level, and with a finished basement there would be 2,000 square feet of finished space with attached two-car garages. Typically the buyers for this type of development are retired and/or single working individuals. This type of housing is in high demand. The storm water runoff situation should improve the current situation by developing this site. He has worked hard with the staff, engineers, and met with neighbors in regard to this proposed development. He does not feel adding these nine proposed town homes will increase the traffic in the area significantly. In speaking to Patrick Kinney, the owner of the two properties on Cope Avenue, Mr. Kinney would prefer the layout as it is proposed facing the sides as opposed to facing the back. If the units were turned the other way, there would be more roof area draining off the back and toward the south. Maplewood resident Mrs. Bobby Haugles at 1988 Castle Avenue addressed the commission. She and her husband are concerned about the grading on the lot. When it rains, they can look out the back and see the water going across the backyard towards the pond. She asked if this is built would that water back up? Mr. Ahl said the city anticipates that the drainage will improve. They are extending a pipe out to that area. Not only will the water not back up but the city thinks the water will leave quicker than currently. Mrs. Haugles asked if the homes are built up to a higher level, are you saying you are adding drainage pipes like gutters to collect the water to run underground and not on top of the land? Mr. Ahl said the pipes are extended between the homes out toward your home from the street they are proposing. That should more than adequately remove the water. In addition, there is a swale in between the homes. If that should become plugged, the water will overflow and go down to the pond. Mrs. Haugles asked if that is going to cover the vacant lots between 1988 and the new addition that is going to be rezoned? There are about five small lots between where they live and where the proposed addition is going to be. Mr. Ahl said the pipe is extended to the Haugles' eastern property line, so it doesn't go onto those properties but it should help move the drainage through the area. Commissioner Pearson moved to approve the resolution on page 35 of the staff report. This resolution changes the land use plan for the Dearborn Meadow plat and two adjacent properties on the south side of Castle Avenue, north of Cope Avenue. This change is from M-1 (light manufacturing) to R-2 (single and double dwellings). The city is making this change because: 1. It would be consistent with the goals and objectives of the comprehensive plan. This area would eliminate the planned commercial area that would have been between two residential areas. Planning Commission Minutes of 05-20-02 -5- This site is proper for and consistent with the city's policies for medium-density residential use. This includes: a. Creating a transitional land use between the existing Iow density residential and commercial land uses. b. It is on a collector street and is near an arterial street. c. Minimizing any adverse effects on surrounding properties because there would be no traffic from this development on existing residential streets. 4. It would be consistent with the proposed zoning and land uses. Commissioner Pearson moved to approve the resolution on page 36 of the staff report. This resolution changes the zoning map for the Dearborn Meadow plat and two adjacent properties on the south side of Castle Avenue, north of Cope Avenue. This change is from M-1 (Light Manufacturing) to R-2 (single and double dwellings). The reasons for this change are those required by the city code and because the owner plans to develop this part of the property for double dwellings. Commissioner Pearson moved to approve the resolution starting on page 38 of the staff report. This resolution approves a conditional use permit for a planned unit development for the Dearborn Meadow development on the south side of Castle Avenue. The city bases this approval on the findings required by code. Approval is subject to the following conditions: All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation. (2) All driveways at least 20 feet wide. If the developer wants to have parking on one side of the public street, then that street must be at least 28 feet wide. (3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. o 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. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the engineer's memo dated May 14, 2002. The approved setbacks for the principal structures in the Dearborn Meadow PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum - 35 feet. Planning Commission -6- Minutes of 05-20-02 b. Front-yard setback (public side street): minimum - 30 feet, maximum - none. c. Rear-yard setback: 50 feet from any adjacent residential property line. d. Side-yard setback (townhouses): minimum - 20 feet from a property line and 20 feet minimum between buildings. 5. If the city council decides there is not enough on-site parking after the townhouses are occupied, the city may require additional parking and the developer will bear the additional expense. 6. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 7. The city council shall review this permit in one year. Commissioner Pearson moved to approve the Dearborn Meadow preliminary plat (received by the city on April 24, 2002). The developer shall complete the following before the city council approves the final plat. 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, 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, street identification and no-parking signs. d. Provide all required and necessary easements (including ten-foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). e. Cap and seal any wells on site. f. Have Xcel Energy install a streetlight at the intersection of Castle Avenue and the proposed private driveway (Castle Place). The exact location and type of light shall be subject to the city engineer's approval. g. Install permanent signs around the edge of the wetland buffer easement. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. h. Install survey monuments along the wetland boundaries. Planning Commission Minutes of 05-20-02 -7- 2. *Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated May 14, 2002 and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. (3) Show housing pads that reduce the grading on sites where the developer can save large trees. (4) Show the proposed street and driveway grades as allowed by the city engineer. (5) Include the tree plan that: · Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. · Shows no tree removal beyond the approved grading and tree limits. (6) Show drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the runoff from the surrounding areas. The undeveloped parcel to the east of this site shall have unrestricted access to the storm sewer with a capacity to accommodate post development runoff. c. The street and utility plans shall show the: (1) Water service to each lot and unit. (2) Repair of Castle Avenue (street and boulevard) after the developer connects to the public utilities and builds the private driveways. (3) Design of the sanitary sewer allowing for the unrestricted access to the sanitary sewer in the development from the undeveloped adjacent to the site (primarily to the east). Paying for costs related to the engineering department's review of the construction plans. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. Planning Commission Minutes of 05-20-02 -8- b. 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. c. Label the private street as Castle Place and label Castle Street as Castle Avenue on all plans. d. Label the common area as Outlot A. e. Provide easements to allow for unrestricted access to the storm sewer, sanitary sewer and water main in the development from the undeveloped parcel to the east. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. If necessary, obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 8. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. 9.* Submitting the homeowners' association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and common areas. * The developer must complete these conditions before the city issues a grading permit or approves the final plat. Commissioner Trippler seconded. Ayes-Fischer, Ledvina, Mueller, Pearson Rossbach, Trippler Commissioner Trippler added a friendly amendment for c. 5. If the city council decides there isn't enough on-site parking after the townhouses are occupied, the city may require additional parking and the developer will bear the additional expense. CommiSsioner Pearson moved to approve the friendly amendment with the altered wording. The motion passed, This goes to the city council on June 10, 2002. Planning Commission Minutes of 05-20-02 -9- VI. NEW BUSINESS Home Occupation License (Sewing Business) - 2492 Highwood Avenue Mr. Roberts said Jerianne Cullen and Doua Lee are requesting a home occupation license to operate a sewing shop business from their residential property at 2492 Highwood Avenue. Ms. Cullen and Ms. Lee have been conducting their business (Home Based Industries, Inc.) from 990 Payne Avenue in St. Paul for the last three years. They now propose to relocate their business to an existing barn located on their property. To operate the sewing shop business from their residential property, Ms. Cullen and Ms. Lee are requesting that the city approve a home occupation license. The applicants' business includes sewing products such as clothing and bags that are ordered by various companies. According to the city's home occupation ordinance that applicants' business requires a home occupation license due to the fact that they process a product from the premises for more than 30 days a year. Ms. Cullen and Ms. Lee both live on the premises and will be the only employees in the home occupation. The applicants state that they may receive customer visits about once a week between the hours of 9 a.m. to 5 p.m., Monday through Friday. In addition, UPS delivery will come to the business about three times a week during their peak season (April through October). The applicants' property is zoned Farm Residence and all surrounding properties are zoned Single Dwelling Residential. The property is the location of an old farmstead that includes 3.95 acres of land and a barn estimated to be over 100 years old. Since the applicants purchased the property three years ago, they have made improvements to the barn including residing, reroofing and putting in a new second floor. The applicants are working with a group called Barn Again out of Denver, Colorado to help find financial resources to further renovate their barn as well as work with federal and local historical societies to ensure that the barn renovation follows the original architecture. One financial resource that may be available to the applicants is a federal tax break on improvement costs if the barn is used as an income generator. If the home occupation license is approved, therefore, the applicants will have a greater source of funding for the barn renovation. Future barn improvements proposed by the applicants include exterior painting, adding 12 windows, electrical upgrades, and interior finish. The applicants are working with the city's building official and fire marshal to ensure that the renovations meet all building and fire codes. Commissioner Trippler asked if there is a limit to the amount of employees that can work in this home sewing business. And how does the city ensure that the number of employees doesn't get exceeded? Mr. Roberts said there are limits set both by the ordinance and secondly, if the city feels it is necessary, they can set additional conditions on number of employees. The staff is also recommending that the home occupation license get reviewed in 1 year. Home occupations are to get licensed by the city clerk once a year as well. The biggest control is from the neighbors. If the neighbors start to see the business or traffic increasing, staff will investigate. Planning Commission Minutes of 05-20-02 -10- Mr. Roberts said the staff relies on the neighbors to keep watch of these types of situations. Commissioner Ledvina said the ordinance allows the placement of one sign. How large can the sign be and where will the sign be placed for this business? Mr. Roberts said the code allows the sign to be up to 2 square feet in size and it can be anywhere in the front yard, it just cannot be on the public right-of-way. Commissioner Mueller said many of the comments were pertaining to the junk on the property. It 'doesn't have anything to do with the sewing business, but can the city say the junk has to go? Mr. Roberts said in condition 7 the staff is recommending the applicants clean up the south side of the barn because that is the most visible from the neighbors. The staff could have the health officer take a look at the property if there is inoperable vehicles, junk or debris that would be unsafe or unhealthy on any property. The staff just felt that would be a good neighborly thing to take care of. Commissioner Pearson asked staff if the farm zoning on this change in any way the number of dogs and kennel license requirements? Mr. Roberts said he doesn't believe so. It is standard throughout the city. Commissioner Pearson asked if you have three or more dogs are you required to have a kennel license? Mr. Roberts said he believes that is correct, but he doesn't want to speak to that. As the city clerk's office reviews requests for kennel licenses. Chairperson Fischer asked if staff checked if the percentage of floor space that will be used for the business will meet the limits that are set for the code? Mr. Roberts said-the code limits it to 20% of the floor area. He will have Ms. Finwall check the percentage of floor space before it goes to the city council meeting. The applicants, Jerianne Cullen and Doua Lee, 2492 Highwood Avenue, addressed the commission. Ms. Cullen said she thinks some of the neighbor comments may have led to some misunderstandings. They only own two dogs. The vehicles on the property are licensed and tabbed. They don't have a garage to put their cars in, and the vehicles are parked on a gravel driveway. One of the neighbors does not like to look at it. They moved it because that was the recommendation. They have made a lot of improvements, and if you read the positive comments they state that as well. They have been on the property for three years and have put thousands of dollars into the property in landscaping, the barn and the home. Commissioner Pearson asked if the number of dogs fluctuated from time-to-time? Ms. Cullen said they had one dog awhile back that passed away, and now they have two dogs. Commissioner Pearson said the reason he asked is even the people that gave recommendations that this be approved went on to say they were irritated with the barking dogs. Planning Commission Minutes of 05-20-02 -11- Ms. Cullen said there are other dogs in the neighborhood and they are on a pretty large piece of property. To pinpoint whose dog is barking is very hard to do. When she went outside on Saturday night, there were people on her property and the dogs barked. Nobody was on the property for four years before they moved in. Some of the neighbors have felt like they have freedom to go back and forth through her property because the property was vacant. Commissioner Ledvina is wondering about the traffic that this business will generate. He asked how many customer vehicles would the applicant anticipate during the week? Ms. Cullen said if they happen to work with a company, one person will bring the business to them but customers do not frequent her business. They would maybe have one customer come a week. They have UPS delivering rolls of material but that is about it. They are looking at this home business as a semi-retirement business. Doua Lee is retiring from the St. Paul Schools. They currently have a 12,000-square-foot business in St. Paul. They are downsizing their business, not upgrading. Commissioner Trippler said when he went out to look at the property, he discussed with the applicant the six evergreen trees that staff had recommended putting on the southeast corner of the property. The applicant had expressed a concern regarding the expense associated with putting six evergreens on the property to shield the vehicles in site. Ms. Cullen said she wanted to put up a section of fence. She was told that the neighbor on the south does not want a fence put there so, therefore, she should put up the evergreen trees. She had agreed to the evergreen trees. The cost of six evergreen trees that are six-foot high do not come inexpensively. To install a fence would probably be the same price, except the fence would eliminate people walking, biking, and riding ATVs through her property. The fence would also eliminate her dogs seeing any activity that causes her dogs to bark. She'll do whatever the staff recommends, but she would prefer to install the fence. Commissioner Mueller asked the applicant if she planned to fence the entire south side of the property? Ms. Cullen said not necessarily. She would fence at least the south end of the property where the neighbor's house is. Commissioner Rossbach moved to approve the home occupation license for Jerianne Cullen and Doua Lee of 2492 Highwood Avenue to conduct a sewing shop business from the barn on their residential property. This approval shall be subject to the following conditions: 1. Compliance with all conditions of the city's home occupation ordinance. 2. Deliveries and customer hours are limited from 8 a.m. to 5 p.m., Monday through Friday. 3. All customer pick-ups and other deliveries are restricted to the garage door located on the west side of the barn. 4. The applicants must obtain all necessary building permits for the renovation of the barn. Planning Commission Minutes of 05-20-02 -12- 5. At a minimum, the renovation of the barn should include painting the entire barn one solid color. The renovation of the barn cannot include any additional windows on the south side of the barn, unless the applicants can prove that no noise associated with the home occupation will be generated through the windows onto the adjacent residential properties. 7. The applicants must remove all exterior storage from the south side of the barn. To help screen the barn from the residential property to the south (1016 Sterling Street South) the applicants must install six 6-foot high evergreen trees between the barn and the east property line. 9. Any garbage container associated with the business must be stored in the barn or screened from view of the adjacent residential properties. 10. The city council will review this home occupation license in one year. Commissioner Trippler seconded. Ayes-Fischer, Ledvina, Pearson, Rossbach, Trippler Nay- Mueller The motion passed. This will go to the city council June 10, 2002. Commissioner Ledvina left the meeting at this time. b. Lexus Dealership Conditional Use Permit Revision - 3000 Maplewood Drive Mr. Roberts said Mr. Brian Teeters, representing Ryan Companies and Lexus, is proposing a revision to the conditional use permit (CUP) for the Lexus Dealership at 3000 Highway 61. This revision includes three additions to the existing building and changes to the parking lot and driveway layout to accommodate the building additions. The proposed building additions would be rock-face concrete block, EIFS (exterior insulation finish system), a stucco-look material and glass and would match the existing building. The applicant is requesting that the city council approve: A revision to the existing conditional use permit (CUP) for a maintenance garage. The city code permits the sale of new and used vehicles from this location. The code, however, requires a CUP for service and maintenance of cars. 2. The revised architectural, site and landscape plans. On February 26, 1996, the city council approved the design plans, a conditional use permit and a wetland setback variance for Lexus. Planning Commission Minutes of 05-20-02 -13- On April 8, 1996, the city council reconsidered the conditional use permit and the design approval for the project. This was to allow the applicants to start construction after they sign a developer's agreement and provide a letter of credit for the extension of a water main to the site. On September 10, 2001, city staff approved plans for a minor construction project for Lexus. This was to allow Lexus to expand their parking lot by 59 spaces. This expansion was onto the vacant part of their site north of their building. Except for some minor site restoration, they have finished this parking lot. On January 14, 2002, the city council reviewed the conditional use permit for this site and agreed to review it again in one year. The city council should approve the CUP revision, as the proposal would meet the necessary findings. The owners have operated the existing dealership without a problem since the contractor finished the construction. The applicant had originally proposed to store all refuse and parts in the building. Since then, they have started keeping their trash dumpsters and other debris on the back (east) side of the building. As such, the applicant is now proposing to add an enclosure for the dumpsters on the east side of the building. This enclosure would be a welcome addition to the site, as it would allow Lexus to keep the dumpsters more out of site. Lexus should correct some minor issues as part of this building project. These include removing the old silt fence along the bottom of the slope near the wetland and the old fence sections that Lexus has put in a pile near the south property line. The city's parking ordinance does not clearly define the parking requirements for an automobile dealership, i.e., parking spaces for automobile inventory. The code, however, does list parking requirements for a variety of other land uses. The code would require Lexus to have 160 parking spaces if one uses the ratio of 1 space for each 200 square feet of office/showroom, 1 space for every 1,000 square feet of parts storage, 3 spaces for each service bay and 1 space per employee. The applicant's plans show 190 parking spaces before the construction and 176 parking spaces after the construction. Staff feels that there should be sufficient parking for the needs of Lexus. The Maplewood Police Department and the Ramsey-Washington Metro Watershed District both had no comment about the proposed expansion. The Fire Marshal noted that Lexus will need to maintain clear access around all sides of the building, especially on the east side. Commissioner Rossbach asked staff what the minor items were that have to be finished regarding the Lexus parking lot expansion? Mr. Roberts said on the south side of the site there is still some silt fencing near the wetland. He also discovered there were some fence sections piled up on one corner of the sitel Those will need to be cleaned up. Commissioner Trippler said on the south side of the property is a canopy. Is that going to be an enclosed area, and is that what the addition is? Planning Commission -14- Minutes of 05-20-02 Mr. Roberts said that was his understanding. Chairperson Fischer asked the applicant to address the commission. Greg Madsen, the Senior Architect for R.J. Ryan Companies in Minneapolis, addressed the commission. Mr. Madsen said they are excited to be coming before the commission again and increasing the size of the Lexus dealership. R.J. Ryan Companies is in agreement with the staff's · conditions except for item 3. c. for the in-ground irrigation system for the parking islands. The silt fence stored on the site will be used when they do the construction for the trash enclosure. Commissioner Mueller said item 3. c. is a community design review board item and the applicant will have to discuss this with the staff and the CDRB at their next meeting. Commissioner Pearson asked what the applicant plans on doing with the sections of privacy fence that are on the property? Mr. Madsen said they would use those fence sections for the doors for the trash enclosure. Commissioner Trippler said when he was on the site he was looking at the trash piled up in the back. He is concerned about the tires in the back because it could be a haven for mosquito growth. He is also concerned about a dumpster that is there for spent oil filter cartridges. There is a 200-to-250 gallon used-oil tank that has a containment structure that will contain the oil in case of a failure. He did not see any containment structure that has the spent oil filters in them. If that is going to continue to sit out where it could fail, there should be some containment structure provided for that. Mr. Madsen said that is another reason they are looking forward to this addition for Lexus. Not only will there be additional part storage that will be enclosed inside this building, but there will be additional amenities that will handle those issues rather than having them in the dumpsters themselves. Commissioner Trippler said he saw a couple of tires that were located in the wetland area. Mr. Madsen said they would clean that up immediately. Commissioner Rossbach said his understanding is that there is some silt fencing that is already in the ground being used for the old project. Mr. Roberts said that was his understanding. Mr. Madsen said they want to maintain that until they are done with this construction. If there is an issue with that, obviously they will take care of it. Mr. Roberts said if the silt fence is being used for the construction, that is fine. Staff just wants to make sure it gets cleaned up when the construction is done. Commissioner Rossbach asked the applicant if they are planning on using old privacy fence sections for the trash enclosure doors? Planning Commission Minutes of 05-20-02 -15- Mr. Madsen said they plan on repairing those fence sections and paint them for the trash enclosure. Commissioner Rossbach said he believes the doors will be broken off in one year. He said that trash enclosures are heavily abused by truck drivers and half the time the doors are missing or broken off, particularly when they are made of wood. Commissioner Pearson moved to adopt the resolution on pages 23-24 of the staff report. This resolution approves a revision for an existing conditional use permit for a maintenance garage at the Lexus dealership at 3000 Highway 61. The city bases this approval on the findings required by the code and subject to the following conditions: All construction shall follow the site plan approved by the city. This shall include the sump pump catch basin design submitted on February 26, 1996. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. The property owner shall agree to accept responsibility for the annual maintenance and upkeep of the sump catch basins. The owner shall do such maintenance at least once a year and provide city staff with written documentation about the maintenance tasks that are performed. 5. The dealership shall not store any materials or supplies on the outside of the building, except for what they store in the dumpster enclosure. 6. Vehicle transports shall not load or unload vehicles on the public right-of-way of Hiqhway 61. 7. The dealership shall only park vehicles on designated paved surfaces. Commissioner Mueller seconded. Ayes-Fischer, Ledvina, Mueller, Pearson, Rossbach, Trippler The motion passed. This goes to the city council on June 10, 2002. Planning Commission Minutes of 05-20-02 -16- c. Easement Vacation (Tillges Medical Office Building) - Hazelwood Street Mr. Roberts said Robert Tillges is proposing to develop a 3.57-acre lot located south of Beam Avenue and east of Hazelwood Street. The proposal includes two phases of development. The first phase is a 23,094-square-foot office building that will house Mr. Tillges' existing prosthetics and orthotics practice currently located at 1983 Sloan Place, Maplewood, as well as other medical-type tenants. The second phase, to be constructed in the future, is an 11,778-square- foot office building that will house medical-type tenants as well. To build this development, the applicant is requesting that the city vacate an unused sewer easement. The property is zoned Business Commercial-Modified (BC-M). Within this zoning district a commercial office building, such as Mr. Tillges' proposed medical office building, is a permitted use. The proposed development also meets the required setbacks and building requirements. However, in order to construct the building five feet from the south property line as proposed, the city must vacate a 1 O-foot-wide unused sewer easement that runs along the south property line of the site. The sewer easement was never used or developed for its original purpose and is not required for this or any other development. The planning commission should make a recommendation on the vacation of the sewer easement. The design elements will be reviewed by the community design review board at their May 28, 2002, meeting. The development will then be presented to the city council for final approval at their June 10, 2002, meeting. Commissioner Rossbach said in the future he would like to have a brief understanding of what is going to happen with the creek as this development progresses. Mr. Ahl said the creek would be piped underneath the ground. The city will put in a storm structure and pipe it through and fill over the top. Commissioner Rossbach said for the record, he is going to object to doing that when that time comes. Chairperson Fischer asked if the sewer is not in the easement the city has, is there an easement for the place where the sewer is? Mr. Roberts said that is not necessary, it is city property. Commissioner Rossbach asked if the situation with the creek is going to happen now or will that happen in the future? Mr. Ahl said the piping of the creek has already been approved by the city council. Commissioner Rossbach asked why didn't that issue go through the planning commission? Mr. Ahl said that is a public improvement petitioned by the developer, so it would not have been part of any review authority that the planning commission has. Planning Commission Minutes of 05-20-02 -17- Commissioner Rossbach asked who the city council had testify that putting a creek into a pipe was a good idea? Mr. Ahl said the Watershed District and the city engineering staff approved the plan. Commissioner Pearson said what is the setback from the building to the south to Markham Pond? Mr. Roberts said he does not have that dimension. Chairperson Fischer asked the applicant to address the commission. Robert Tillges, the developer at 1200 Junction Avenue in Maplewood, addressed the commission. He said he is just requesting the city approve the sewer easement so they can build this proposed project. Alan Kretman, with ProTerra Design Associates, Inc., addressed the commission. The setback to Markham Pond is about 60 feet. It will increase further to the south. There is an outlot structure controlling the pond which discharges north and goes up into the creek. This currently goes through a pipe and is outletted into the creek. The city is going to extend the same pipe. Commissioner Trippler said for the record, the applicant is his neighbor across the street from his residence in Maplewood. Mr. Trippler contacted Mr. Roberts to see if there was any reason why he should exclude himself from the vote. The only reason he would have to eliminate himself from voting is if Mr. Trippler would be benefiting in anyway from this proposal, and he is not benefiting in anyway. Commissioner Trippler moved approval of the reSolution on page 10 of the staff report. This resolution is for the vacation of a 10-foot wide unused sewer easement located along the south property line of the Tillges Medical Office Building site. The reasons for the vacation are as follows: It is in the public interest. The sewer easement is unused. The sewer easement is not needed for the proposed Tillges Medical Office Building development. Commissioner Pearson seconded. Ayes- Fischer, Mueller, Pearson, Rossbach, Trippler The motion passed. This goes to the city council on June 10, 2002. VII. UNFINISHED BUSINESS None. Planning Commission Minutes of 05-20-02 -18- VIII. VISITORS PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Ledvina was the representative for the planning commission at the city council meeting May 13, 2002. Mr. Ledvina had to leave the meeting early. Mr. Roberts said the only planning commission item at the city council meeting was the Gladstone Park Addition. The council approved the proposal ayes - all. b. Mr. Rossbach will be the representative for the planning commission at the city council meeting Tuesday, May 28, 2002. A large agenda item will be the Beaver Lake Town Homes. c. Ms. Fischer will be the representative for the planning commission at the city council meeting June 10, 2002. Items to be discussed will include the Dearborn Meadow Town Homes, Home Occupation License Sewing Business, Lexus Dealership Conditional Use Permit, and the Easement Vacation for the Tillges proposal. IX. STAFF PRESENTATIONS a. Annual Tour July 29, 2002 Mr. Roberts asked members to mark their calendars for the annual tour, which will be held on Monday, July 29, 2002. Typically the meeting begins at 5:30 p.m. but more information will follow. b. Upcoming Items Mr. Roberts said the following two items will be coming up in the next planning commission meeting. Hmong Alliance Church Expansion - McMenemy Street (expanding their parking lot and adding a driveway out' to Desoto Street. 2. Sinclair Station Remodeling - Larpenteur Avenue ADJOURNMENT The meeting was adjourned at 9:55 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Conditional Use Permit Revision and Design Review - St. Paul Hmong Alliance Church 1770 McMenemy Street June 11, 2002 INTRODUCTION Proposal The St. Paul Hmong Alliance Church, at 1770 McMenemy Street, is proposing to build an addition onto the south side of their existing parking lot. Refer to the maps on pages 9-16. They also are proposing to add a playground to the east side of the church building and a new driveway from the expanded parking lot to DeSoto Street. Refer to the narrative on page 17 and the enclosed plans. (The plans show a future Church addition as well. The applicant will apply for the approval of this expansion later. Staff is not considering the future church addition as part of this review.) Requests The applicant is requesting: A conditional use permit (CUP) revision. Specifically, they want city approval to change the approved site plan to expand their parking lot, to add the new driveway to DeSoto Street and to add a playground. The city code requires a CUP for churches. 2. Approval of project plans. BACKGROUND On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. DISCUSSION Conditional Use Permit Revision - Parking Lot and Playground The church is now meeting the conditions of their CUP and staff is not aware problems, other than the traffic from the site, with the church. The proposed parking lot expansion meets the requirements for the CUP and would fit the site. If approved, the parking lot would grow from 95 spaces to 254 spaces (an increase of 159 spaces). This expansion should meet the parking needs of the church for the next several years. Proper landscaping and screening will ensure that nearby homes are buffered from the parking lot. The proposed playground should be a good fit and should not cause any problems. In addition, the city has approved several CUPs for church expansions in the past few years. Conditional Use Permit Revision - New Driveway The proposed plans show a new driveway from the expanded parking lot to DeSoto Street. The neighbors near the church have mixed reactions to this part of the proposal. Those living on or near McMenemy Street thought the new driveway would be a good idea and those living on or near DeSoto Street thought that the new driveway was a poor or dangerous idea. One neighbor said the city should deny this project because there already is too much traffic from the church. City staff has not received any traffic complaints about the existing church and parking lot layout. We understand, however, that the new driveway to DeSoto Street is a change to the site and the area that is a concern to many of the neighbors.. It is their opinion that DeSoto Street, because of its condition and design, could not handle the additional traffic. The neighbors also are concerned that the additional traffic from the church would make DeSoto Street unsafe for pedestrians and for the homeowners on the street. Because of the neighbors' concerns, the church agreed to have a traffic study done. They hired Benshoof and Associates, Inc. to study the existing traffic patterns and to prepare an analysis of what will happen if the church adds the driveway to DeSoto Street. (Please see the traffic study starting on page 23.) This study shows that about 60 additional vehicles would use DeSoto Street between the driveway and Larpenteur Avenue during the church peak hour on a Sunday morning. The study also notes that "the impacts of the volume increase on this segment of DeSoto Street will not be significant, because there are fewer than 10 homes along DeSoto Street south of the proposed driveway location. Also, this volume condition would occur only for a few hours one day per week." The traffic study has three conclusions (see page 27). Specifically, the traffic consultants recommend that the church construct the driveway for three reasons: 1. It will not create adverse impacts on DeSoto Street. 2. It will improve convenience for church users. 3. It will reduce the Sunday traffic volume on McMenemy Street. The city should monitor the parking demand and traffic situation and keep track of any complaints after the church completes the project. If traffic and parking problems occur, the city council could require the church to close the driveway to DeSoto Street or make other changes to the site. Landscaping The proposed landscaping plan (page 15) shows the applicant planting trees and shrubs around the proposed ponding area and in the islands in the parking lot. The proposed plan, however, does not show additional landscaping along the south side of the new parking lot. Section 36-27(a)(1) of the code says "a landscaped and possible screened area of not less than twenty (20) feet in width shall be provided where a nonresidential use abuts a residentially zoned or planned property." The code also says that the CDRB shall require shrubs or trees in this area (the 20 feet) unless they deem it not appropriate. In addition, Section 36-27(b)(4) of the code says, "screening shall be provided where a parking lot is constructed next to a property that is used for single or double-dwelling use. The CDRB may waive this requirement if they determine that screening would not be needed or would not protect surrounding property values." In this case, there is not a need for screening and landscaping along the entire south property line of the church property. Much of this area abuts the backyards of the houses at 1750 McMenemy Street and 1771 DeSoto Street. There is a need, however, to screen the south side of the parking lot and the new driveway to DeSoto Street when they are next to the adjacent houses. The code requires that such screening be at least six feet tall and be 80 percent opaque. The church may provide such screening with a fence, berming or trees. The applicant should provide a revised landscape plan that shows significant screening and landscaping along the south side of the parking lot and the new driveway to DeSoto Street in the areas next to the adjacent houses. This plan must meet the code requirements and should be subject to staff approval. Grading The applicant provided the city engineer a grading plan. (See the engineering department comments on page 19 and 20.) Staff does not have any major concerns with the proposed grading because of the substantial building setbacks and because there is a need for the additional parking. The applicant must provide, however, additional information before starting the grading. This includes an easement for the grading on the property to the south and a detailed grading and drainage plan that meets the conditions of the city engineer and the watershed district before the city will issue a building permit. RECOMMENDATION Adopt the resolution on pages 37 and 38. This resolution revises the conditional use permit for a church at 1770 McMenemy street. This permit is based on the standards for approval required by the code and subject to the following conditions (additions to the permit conditions are underlined; deletions are crossed out): All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion, the new driveway to DeSoto Street and the proposed play.qround. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences along the north side of the site..,,.,~,, ,"'-" '*~' ,,, ,,,""'~, ,,,, ,,~'*~' .,,,,,..,~'"~ ,,,"* *~'",,,,, l-'""" '"" '~ '"" 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. The plans for the future church addition and future gymnasium are not approved. These ~ shall be submitted to the City Council [or approval of a revised conditional use permit. The city council may require the church to make chanqes to the site, including closing the new driveway to DeSoto Street, if the council deems it necessary or prudent, durin.q future reviews of the conditional use permit. The church shall provide adequate screeninq of the new parking lot and the new driveway from adiacent homes by planting, bermin.q or both. Approve the plans date-stamped April 30, 2002, for the parking lot expansion, new driveway and playground additions on the St. Paul Hmong Alliance Church, 1770 McMenemy Street. The property owner shall meet the following conditions: 1. Repeat this review in two years if the city has not issued a permit for this expansion. 2. Before starting the construction of the parking lot and the new driveway, provide for staff approval the following plans: A revised landscape plan that shows significant screening and landscaping along the south side of the parking lot and the new driveway to DeSoto Street in the areas next to the adjacent houses. Such screening shall be at least six feet tall and be 80 percent opaque and may be accomplished with a fence, berming or trees. Provide a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet ordinance requirements and all the plans shall meet the requirements of the city engineer. If the grading plan shows the elimination of any mature trees (eight inches in caliper or more), the applicant shall replace these trees in accordance with the woodland protection ordinance. 3. Resod the lawn that is disturbed by construction activities. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The 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. 5. All work shall follow the approved plans. The director of community development may approve minor changes. CITIZENS' COMMENTS I surveyed owners of the 31 properties within 350 feet of the church property. Of the 15 replies, three were in favor, nine were opposed and three had comments. In Favor As a resident along McMenemy Street, I have no problem with the proposed expansion and particularly the driveway to DeSoto Street to relieve traffic levels along McMenemy Street when the church lets out. (Waegener- 1739 McMenemy Street) A lot expansion is an obvious necessity, also DeSoto Street should be utilized to its utmost, as the church membership doubles, I do not wish to see the post-service procession double by the end of my driveway. The playground is a fine idea. (Dahlquist - 1774 McMenemy Street) 3. I strongly support the approval of the Hmong Church expansion request due to its current membership. (Vang - 415 Kingston Avenue) Opposed I am against having any driveway coming out onto DeSoto. The street is not designed for a high flow of traffic on its south side, between Ripley and Larpenteur. It is not lit very well at night, it has poor visibility to oncoming traffic and to the driveways. To the north, Ripley to Roselawn, we now have a senior building that exists onto DeSoto, Roselawn traffic does not stop. I do not think there is a good or safe way to exit or entrance the traffic onto DeSoto Street. (Duellman - 1835 DeSoto Street) I feel DeSoto is inadequate for that amount of traffic and there is too much traffic on there now coming from Saint Paul, plus walkers and children playing. I think McMenemy is the primary street to handle (the traffic) rather than DeSoto Street. (Peterson - 1747 DeSoto St.) I do not think the church putting this drive onto DeSoto is a good idea because: if you look at the road texture difference between DeSoto and McMenemy, McMenemy is better built for traffic. Also, since the church has the deed to the property (on McMenemy Street) along side their driveway, they can expand the driveway out to McMenemy to give them better access. (Petterson - 1764 DeSoto Street) 4. I do not agree to let the church open a driveway to DeSoto Street. Currently, this street is small and in bad condition. (Vo- 416 Ripley Avenue) The church parking lot (new) would de-value our property and we would like the church to do more research about the new parking lot. Also, we would like the church to fence the church property so children wouldn't be running around during weekends. (Kong - 1748 McMenemy Street) I do not want to have the driveway come out on DeSoto Street because more people will then, without permission, use the private drive past my house to get to Kingston Street. We do not need any more traffic!! (Kline - 1771 Burr Street) Also, see the letter from Julie Knabe on page 29, the letter from the Crosbys on page 30, the letter from the Duellmans on page 31 and the letter from Diana Longrie-Kline starting on page 32. Miscellaneous Comments My only concern is the entrance/exit to DeSoto Street. We do not want to see it used as a thru street. Need to have speed bumps and gates with limited times that they are open. Do not want this exit to DeSoto (if it happens) to be a reason that DeSoto Street is widened in the future. (Pertzsch - 426 Ripley Street) Our property borders the church property on the south and next to where the new holding pond will be. Our concern is that the new road be constructed in a manner so that the water runoff would not end up on our property. Also, when the pond is built that the bank of our property be protected. When we went to the meeting at the church, it was mentioned that some of the landscaping might be done in the future. On the proposed landscape plan, we see no plan for landscaping between the new road and our property. We hope the lighting will be done in a manner that directs the light at the parking lot and not at our house, Also at the church meeting it was said that the access of the new road onto DeSoto would be gated, closed and used only during the time of service. We would be in favor of the access if that idea were carried out. (Nelson - 1771 DeSoto Street) 3. See the letter from Kristi Wheeler on page 28. REFERENCE INFORMATION SITE DESCRIPTION Lot size: 7.42 acres Existing land use: The St. Paul Hmong Alliance Church SURROUNDING LAND USES North: Single dwellings South: Single dwellings and the undeveloped backyards of deep lots East: DeSoto Street and single dwellings West: The Minnesota Department of Transportation (MnDOT) highway maintenance facility PAST ACTIONS November 24, 1986: December 28, 1987: May 24, 1988: December 22, 1988: December 11, 1989: April 26, 1994: June 24, 1996: The city council granted the initial CUP. The council reviewed the CUP and required a review again in one year. The CDRB approved the design plans. The council reviewed the CUP and required a review again in one year. The council reviewed the CUP and required a review again in five years. The CDRB approved a 32-square-foot ground sign for the church. The city approved a lot split for the lot to the south so the church could buy the abutting land and enlarge their property. PLANNING Land Use Plan designation: C (church) Zoning: F (farm residence district) Ordinance Requirements Section 36-437(3) requires a CUP for churches. CRITERIA FOR CUP APPROVAL Section 36-442(a) states that the city may approve a CUP, based on the nine standards for approval in the resolution on pages 37 and 38. Application Date We received the complete application materials for this request on May 7, 2002. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, the city council would normally have to act on the proposal by July 6, 2002. However, on May 22, 2002, the applicant agreed to have a consultant do a traffic study with the understanding that the city would process the application as quickly as possible. Because of the delay caused by the traffic study, the city council needs to act on this request by July 8, 2002. '7 sec17\hmong CUP Revision - 2002.doc Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Area Map 4. Existing Site Plan 5. Proposed Site Plan 6. Proposed Grading Plan 7. Proposed Landscape Plan 8. Proposed Site Plan (and proposed parking and paving plan) 9. Written Narrative date-stamped April 30, 2002 10. Engineering Plan Review dated May 12, 2002, revised June 12, 2002 11. May 9, 2002 letter from RamseyANashington Metro Watershed District 12. Traffic study dated June 10, 2002 13. Letter from Kristi Wheeler 14. Letter from Julie Knabe 15. May 7, 2002 letter from Crosbys 16. Letter from Duellmans 17. May 12, 2002 letter from Diana Longrie-Kline 18. Conditional Use Permit Revision Resolution 19. Plans date-stamped April 30, 2002 (separate attachment) Attachment 1 2400N ,3 z (_) RD. B2 COUNTY LI'FI'LE CANADA RD. B SKILLMAN AVl. MT. VERNON BELLWO00 I BELMONT LN. SKILLMAN ROSELAWN LWOOD BELMONT KINGSTON i!® LOCATION 9 7- ST. PAUL MAP KiNGSTON.~ AV~. Attachment 2 77I 77 1779 1767 1741 1737 1733 (e} c PO_ND THE GARDENS 1780 1774 RIPLEY AVE RIPLEY AVE ~'~° ~' SAINT PAUL HMONG (._q ~1.77~0 .- ALLIANCE CHURCH ~8Ol 1750 L) , ~,eo,_. 1771 ~o~ ~.~ 1765 4-~1~,' ~ I ~8~' - - 1740 *.~. ~-~ ON- Attachment 4 2..e. artkal _t~1~3¢~J Wo,'~K,~n ~ ,exmt~ c~k~e Ixmed ~ N E Attachment 5 N PROPOSED SITE PLAN 13 Attachment 6 N Attachment 7 N Attachment 8 N (AND PROPOSED PARKING AND PAVING PLAN) , J 16 Attachment 9 SI:. Paul H nonB =Alliance Church 770 McMenemy Street Maptewood Minnesota 55117-2451 April30,2002 Ken Roberts City of Maplewood 1830 East County Road B Maplewood, MN 55109 APR 3 0 2002 RECEIVED CUP Application Proposed Parking Lot Expansion St. Paul Hmong Alliance Church 1770 McMenemy St. Maplewood, MN 55127 Dear Mr. Roberts, In accordance with our CUP application we are submitting a written description of the project and our reasons that the city should approve the application. The church is seeking approval from the city to expand out current parking lot, add a drive to Desoto Street, and construct a playground behind the current church. The church currently owns the land to the south of the existing parking lot and land to the east to Desoto Street. We would like to utilize this land to expand our parking and provide an additional drive. The current parking lot provides about 100 parking stalls. Our current attendance at morning services usually is about 450 people per service not including children and youth in the Sunday School classes. In the current situation, cars park on McMenemy, along the drive entrance aisle, and in the grass area adjacent to the south side of the existing parking lot. The number of cars can easily reach several hundred. In addition, to help control traffic flows at certain times we would like to construct a drive that connects to Desoto Street on the East. We know that the neighbors may not like this idea, however, we are willing to work with them to come to an agreement that would limit the times the drive would be open. For example, maybe the drive would be used as an exit only and/or the drive could be gated to restrict access. Also this second drive would allow additional access for emergency vehicles. We also want to build a small playground area on the east side of the church building. The church has a large number of children in its membership. Currently children have no area to play other than in areas where cars are parking. We look at this as providing a safe Phone 651-774-7955 Fax 651-774-186I 17 place for the children to play during certain times. We anticipate providing adult supervision for the playground area. We feel the city should approve our proposed project since it helps us meet our parking needs, provides better emergency vehicle access and is in the best interest of the neighborhood by reducing the on street parking and congestion. We feel the parking addition and new drive will allow us to use our current site for many years even as our membership continues to grow. We look forward working with city in the approval process. If you have any questions or need additional information please contact me at Best regards Kao Lee Parking Lot Plan Committee Chair Tel: 612-730-5335 (Cell) 18 Attachment 10 Engineering Plan Review PROJECT: CHECKED BY: St. Paul Hmong Alliance Church Erin Schacht and Chris Cavett Maplewood Engineering Department 5/12/02, revised 6/12/02 The St. Paul Hmong Alliance Church is proposing to expand their parking lot and connect a new drive to Desoto Street. A new pond is proposed and the existing pond will be expanded to compensate for additional runoff due to an increase in impervious area. As these ponds have no outlets they have been sized to retain runoff from a large storm event and infiltration can be improved. Unlike the pond at the nearby Gardens Development, we are not recommending a fence due to the fact that slops are not as steep and the depth of the water is not expected to be very great. The following changes are recommended: SHEET C3 - Grading, Drainage & Erosion Control 1) Construct and prepare the ponding areas as infiltration areas. Add a requirement to the pond grading to: Deeply scarify the soils in the bottom of the ponding area following grading and again prior to planting the native vegetation and landscaping. For more information on bioretention basins please see the Metrocouncil BMP Manual at their web site: http://www.metrocouncil.org/enviroment/Watershed/bmpmanual.htm 2) Provide drainage calculations for the northwest and eastern ponds. 3) Grading Easement is required for any grading beyond the property line. 4) Where is the silt fence and other erosion control proposed. These items are not clearly marked on the plan. 5) To reduce the likelihood of an erosion problem, we strongly recommend that the drainage coming off the parking lot be picked up by an adequate number of catch basins and then be allowed to flow into the bottom of the pond through a pipe. Provide a emergency overflow from the low parking lot down into the pond. Line the overflow swale with permanent erosion control blanket, (Enkamat, Miramat, NAG C350 or equal). If curb cuts and spill ways are to be utilized instead of catch basins and pipes, provide an exact detail of the spill way on the revised plans. The spillway must be constructed to adequately protected the pond slope and to ensure that no erosion takes place. 19 SHEET C4 - Site Plan 1) Provide curb along the entire south and west sides of the parking lot to direct storm water west into the pond. Provide curb openings or catch basins to manage runoff. SHEET L1 - Landscape Plan 1) Provide a native turf establishment plan for the proposed ponding areas and additional landscaping in and around the eastern pond. MISC. - Traffic Study - Staff Comments 1) Staffhas reviewed the traffic study by Benshoof & Associates and concurs with its findings. Basically Desoto Street has relatively low traffic volumes and the traffic volumes that would be added on Sunday mornings are reasonable for this type of street. In addition the traffic volumes on Sunday morning would be similar to those experienced on a typical weekday a.m. peak hour. With the eventual reconstruction of Desoto, (currently listed for 2005 in the CIP), most all of the safety concerns regarding the roadway can be addressed with a new street design. 2) Often public safety concerns arise from a level of comfort that a driver experiences on a roadway. In many cases, a lower level of comfort can result in safer traffic conditions because drivers are traveling at lower speeds and are paying more attention to their surroundings. When this is done intentionally, it is referred to as "Traffic Calming". 2O Ramsey-Washington Metro District Attachment ll 1902 East County Road B Maplewood, MN 55109 (651)704-2089 fax: (651)704-2092 email: office@rwmwd.org 519102 Ken Roberts Maplewood Community Development 1830 County Road B East Maplewood, MN 55109 HAY ! 0 2002 RECEIVED Dear Mr. Roberts, This letter is in response to your request for a review on the St. Paul Hmong Alliance Church. This project has been approved by the Watershed Board and is on hold until the special provisions have been met. I am enclosing a copy of those provisions. Please call me if you have any questions. Sincerely, Karl Hammers District Technician 21 02-23 Special Provisions Low floor elevations shall be provided for all buildings surrounding the property. Calculations shall be submitted for the storm water detention pond. The calculations shall show that the Iow floor elevation of all surrounding buildings is a minimum of 5 feet above the lO0-year flood elevation of the pond. The normal water elevation of the detention pond shall be considered as the bottom of the pond (lowest elevation) or the elevation at which mottled soil is encountered, whichever is higher. All storm sewers shall outlet at the bottom of the storm water detention pond. An overflow swale shall be installed from the 'parking lot to the bottom of the storm water detention pond. The swale shall be 1 foot deep, 10 feet wide and completely lined with permanent synthetic erosion control fabric. NAY I 0 2002 RECEIVED Attachment 12 ~UN-10-2002 13:44 BENSHOOF & ASSOC. 952 238 1671 P.02/06 BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 10417 EXCELSIOR BOULEVARD, SUITE TWO I HOPKINS, MN 55.343 / (952) 23a.16671 FAX (952) 238-1871 June 10, 2002 Kefer to File: 02-43 MEMORANDUM TO: FROM: Kao Lee, St. Paul I-knong Alliance Chumh Ben~hS~ James A. md Aravind Gottemukkula JUN ! 0 2002 RECEIVED Review of Traffic Feasibility Pertaining to Proposed Church Driveway on Desoto Street PURPOSE AND BACKGROUND This memorandum is to present thc results of our review ofthe traffic feasibility pertaining to the proposed Church driveway on Desoto Street. The Church in discussion, called the St, Paul Hmong Alliance Church, is located between McMcnemy S~cct and Desoto Street, south of Rosclawn Avenue, in thc City of Maplcwood. The figure on the following page shows the project location. As shown in this figure, one driveway on McMenemy Street presently provides sclc access to thc Church. Consistent with thc Church's concerns, our observations of Church traffic activity on Sunday, June 2, 2002 indicate that thc existing driveway is experiencing congestion for few hours on Sunday mornings. Also, thc existing demand for parking spaces exceeds the existing supply. To alleviate congestion at the existing driveway and to effectively meet their parking needs, the Church proposes to construct a new driveway on Desoto Street and increase the number of parking spaces on the Church property. EXISTING CONDITIONS ON DESOTO STREET AND PLANNED IMPROVEMENTS Desoto Strcct is a 22 fcct wide two-lane residential street. 'The speed limit on Desoto Strcct is 30 miles per hour. Desoto Street south of Riplcy Avenue has multiple curves and dense vegetation on both sides. Driveways on Desoto Street south of Riplcy Avenue have limited sight dislancc due to the dense vegetation along the street. To understand existing traffic patterns on Desoto Sheet and effectively estimate future changes, we collected t~vo-way traffic volume data on Desoto Street just south of Roselawn Avenue on Sunday, June 2, 2002. We observed that 64 vehicles used Desoto Street south of Roselawn Avenue between 10:00 and I 1:00 a.m. (peak hour for Church traffic). From our counts, a total of 947 vehicles used Desoto Street south of Roselawn Avenue on the day of our traffic count. 23 $UN-10-2002 13:45 BENSHOOF ~ ASSOC. 952 238 1671 P.O3x06 $1(ILLUAN AVE. vERNON AVE. DOWNS AVE. BELLWOOD AVE. SUIdMER AVE. LARPE. NTEUR WHEELO£K i LOW ~ --'RT APPROXIMATE S~ALE o ~ooo' !1 EXISTING DRIVEWAY ELD RIDGE BELMONT LA. SK ILLUAN AVE.. ET AvE. '~' PROPOSED .-. DRIVEWAY ,.: ~ KINGSTON avE. HOYT CALIFORNIA ID~ HO WONT DA BRASXA ARLINGTON AVE. ST. PAUL HMONG ALLIANCE CHURCH ;1~ ~IOOF & ASSOCIATES, tlC, TMAMIII~3RTATION ENelIIEEP~ AND FIANNEIB REVIEW OF TRAFFIC FEASIBILI'W PEFITAINING TO THE PROPOSED CHURGH DRIVEWAY ON DESOTO ST. PROJECT LOCATION 24 $L~-10-2002 13:d5 BENShOOF & ASSOC. 952 238 1671 Mr. Kao L~e -3- June 10, 2002 To address potential impacts of Church traffic on Desoto SWeet south of the proposed drivtnvay location (north of Larpenteur Avenue), we have estimated existing volumes on Desoto Street at this location baaed on traffic volume information provided by the City and based on our counts on Sunday, June 02, 2002. We estimate that 37 vehicles presently are using Desoto Street north of Larpenteur Avenue between the hour~ of 10:00 and 11:00 a.m, on Sunday mornings. A daily total of about 600 vehicles are presently using Desoto Street north of Larpenteur Av~znu¢ on a Sunday. Aa part of their capital improvement program, the City of Maplcwood has plans to widen Desoto Street from its current 22 feet to 28-32 feet. This improvement would be accomplished in the next three to five years. The City anticipates no changes in traffic volumes aa a result of this improvement. TRAFFIC CHANGES ON DESOTO STREET UPON COMPLETION OF THE PROPOSED CHURCH DRIVEWAY To effectively forecast changes in traffic patterns upon completion of the proposed Church driveway, we collected traffic volttmcs on the existing Church driveway on Sunday, June 02, 2002. A total of 259 vehicles were recorded during the peak hour for thc Church (10:00 - i 1:00 a.m.). A daily total of 1,451 vehicles were recorded on the day of the count. We also obs~'vcd traffic patterns at the Church driveway and at thc intersection of McMenemy SWeet and Larpenteur Avenue. Based on our observations, we determined that thc existing Church traffic on a SUnday is distributed in the following manner. · 50 percent to and from the west on Larpentcur Avenue · 18 percent to and from the east on Larpentcur Avenue · 18 percent to and from the south on McMcncmy Strect · 2 percent to and from the north on McMcncmy SWeet · 8 percent to and from thc west on Roselawn Avenue · 2 percent to and from the east on Roselawn Avenue · 2 percent to and from the north on Desoto Street Next, anticipating that most motoris~ use the most convenient route to get to their destination, we estimated directional Percentages for Church traffic after completion of the proposed driveway on Desoto Street. We estimate that the entire 18 percent of vehicles presently to and from the east on Larpenteur Avenue would usc the new driveway on Desoto Street. Five percent (of the 18 percent) of the vehicles presently to and from the south on McMenemy Street would use ~he new Church driveway. Also, the two percent of the vehicles to and from the east on Roselawn Avenue, and two percent to and from the north on Desoto Street would use the new driveway. We estimate that all of the remaining vehicles would use the existing driveway on McMenemy Street upon completion of the proposed driveway on Desoto Street. Based on the directional percentages presented above for Church traffic afl~ completion of the proposed driveway, we determined volumes on Desoto S~'eet south of Roselawn Avenue and north of Larpenteur Avenue, both during the peak hour for the Church and for the whole day on a Sunday. The resultant volumes are shown in the following table. ~UN- 10-~00~ 1~' 45 Mr. Kao Lee BENSHOOF & ASSOC. -4- 952 238 1671 P.05/06 June 10, 2002 Two-Way Volumes on Desoto Street on a Typical Sunday South of RoseLawn Avenue North of I.arpenteur Avenue Time Period Existing With Proposed Existing With Proposed Driveway Driveway Church Peak Hour (10:00-11:00a.m.) 64 74 37 97 _Daily 947 1,005 600 934 COMMENTS REGARDING TRAFFIC FEASIBILITY OF THE PROPOSED DRIVEWAY ON DESOTO STREET Based on thc traffic volume data we collected, our observations at thc site, and review of information presented earlier in this memorandum, wc have established several comments regarding the traffic feasibility of the proposed Church driveway on Desoto Street. All our comments fall under one of the following three categories: · Traffic Effects on Desoto Street to the NOrth ofthe Proposed Driveway Thc peak hour volume of 74 vehicles on Desoto Street (just south of Roselawn Avenue) after completion of the proposed driveway is less than thc existing weekday a.m. peak hour volume of 89 vehicles (our counts on Tuesday June 4, 2002). Thus, the u'affic effects on this peak Sunday morning hour will be less than experience during thc typical weekday a.m. peak hour. The daily volume of 1,005 vehicles on a Sunday is within the typical daily volume range of 400 - 1,500 vehicles for local streets ("Residential Streets, Third Edition, 2001", co-published by the Institute of Transportation Engineers). · Traffic Effects on Desoto Street to the South of the Proposed Driveway The daily volume of 934 vehicles on a Sunday is within the typical daily volume range of 400 - 1,500 vehicles for local stxeets ("Residential Streets, Third Edition, 2001", co-published by the Institute of Transportation Engineers). The impacts of the volume increase on this segment of Desoto Street will not be significant, because there are fewer than 10 homes along Desoto Stre~ sou& of the proposed driveway location. Also, this volume condition would occur only for few hours on one day per week. · Traffic Effects at the Proposed Dnveway Intersection on Desoto Street The propo~d driveway will reduce delay for Church u~ers by splitting the total Church traffic between the two driveways. In addition, due to the shift of a portion of the vehicles to the new driveway, the volume on McMenemy Street will be reduced. - To address the subject of safety at the driveway, we measured sight distance to the north and the south of the propoaed driveway location and coordinated our SUN- 10-~00~ 1~: ~6 Mc Kao Lee BENSHOOF & ASSOC. 952 2~8 1671 P.06/06 -5- June i0, 2002 measurements with the standards published by thc Minnesota Department of Transportation. Our conclusion is that adequate sight distauce will be provided at the proposed driveway on Desoto Street. Iu addition, thc existing sigh! distance likely will be increased in conjunction with the planned reconstruction of Desoto Strcct. CONCLUSION Based on thc information presented in this memorandum, we recommend that thc proposed driveway be constructed for the following three reasons: a) The proposed driveway will not create adverse impacts on Desoto Street. b) Thc proposed driveway improves convenience for Church users. c) The proposed drivcway will reduce thc Sunday uaffic volume on McMenemy Street. TOTAL P.06 Attachment 13 Kenneth Roberts Office of Community Development City of Maplewood 1830 East County Road B Maplewood, MN. 55109 Dear Kenneth Roberts: I appreciated our telephone conversation last week. As I mentioned, a number of families on DeSoto Street have been very concerned about the proposal to add 159 parking spaces as well as another driveway to/from the church with an outlet on DeSoto Street. - As you know, DeSoto Street is an old, narrow winding county road. When our family moved there almost 15 years ago, it was a very quiet neighborhood bordered by woods and fields. It was this peaceful character which attracted many of the present families who have young children. Within the last ten years, a new housing development has sprung up west of DeSoto on Ripley Street, the Church was built and then later expanded, and, most recently, a large new senior housing complex has been added at the north end of the street at DeSoto and Roselawn. All this development has changed and greatly increased the traffic flow in the neighborhood and made it far more dangerous for residents to walk along the street -- particularly with children. My own children are grown, but I am now caring for grandchildren. The fact that the church has planned to keep the east gates locked during most of the week has been reassuring, but, for a number of residents across from the driveway, the prospect of trying to back out of our homes into even more oncoming traffic on Sunday mornings would be extremely dangerous and remains a very serious concern. Widening the street in the future would be costly and still not solve this serious safety issue. Thank you for the opportunity to share our views. Sincerely, Krist[ Wheeler 1780 DeSoto Street Maplewood, MN. 55117 28 ' -~%ttachment 14 HAY ! 3 2002 RECEIVED 29 Attachment 15 To: Kenneth Roberts - Associate Planner From: Dale Crosby and Debra Jensen 1801 Desoto St.N. Maplewod, MN. 55117-2407 RE: Proposed Hmong Alliance Church Expansion May 7,'2002 Dear Mr. Roberts, In regards to the proposal for the expansion of parking, and the addition of a playground for the Hmong Alliance Church. We find.these to be appropriate additions for the betterment of the congregation, with little negative impact on the neighborhood. I would only request that the lighting be directed away from the rear of the churches property boardering my lot. This allows our childrens bedrooms located on the West side of my home to be unchanged by the additional lighting. We do strongly object to the addition of the exit directed to Desoto Street. Desoto is a quiet, older street, and simply not modern enough to accomodate the addition of even a portion of the proposed 2000 membership traffic. The proposed access to Desoto creates increased noise, and a danger to the children of the area who can now walk and ride their bikes without the threat of this proposed increased traffic. We enjoy the peace, and quiet atmosphere of Desoto Street. I have lived here for 40 years, safety and quiet are the foremost reasons my family and I choose to live here. We all enjoy the absense of rushing traffic. For our family's safety and for our peace of mind, my family and I aJJl object to the addition of this driveway access to Desoto Street. In a meeting with my neighbors, we all agree against the additional traffic caused by the driveway. The danger to our children greatly outweighs the potental benefit for access to the church. Thank you for your consideration in this matter, -"- Dale Debr~Je~nsen Don Crosby Eric Crosby Alex Crosby ("'5 ,7 Amber Crosby Sean Cro~ 30 MAY-26-2002 OS:O@P FROM:AUDREY Attachment 16 To Ken ROberts and Associate planners for the city of Maplewood: From: Tom and Audrey Duellman - 1843 Desoto - Maplewood 2 S 2002 We are concerned about the proposal to make an exit onto Desotl~EC E IiV£~ Street from the church on McMenemy Street. Desoto Street is a small - narrow street that is saturated with traffic now. Additional traffic is not wanted. In the last few years we have added traffic from the north (from the apartments north of Roselawn). From the east the addition of Ripley and Burr and Bellwood houses were added, and Ripley sty. to the west of Desoto, and recently the new apartment on the comer of Desoto and Roselawn. This has created a lot of traffic. We are at our maximum capacity. Another thing, is there is a entrance problem to Larpentuer because of limited vision from the bridge on Larpentuer. Mcmenemy St. is a wide street that does not have a lot of traffic at this point and this has a much better traffic flow than Desoto st. We feel that the church could create a better traffic flow within their property to solve their problem. Maybe a one-way drive - a bigger entrance onto Mcmenemy st. or possibly two driveways. One in and one out to go with a circular one-way road. They have a lot of property to work with and should be able to do something that will not affect the neighbors. I know Desoto St. is going to be redone in a few years but it still will be a small narrow road and the improvements will be nice but will not warrant additional traffic. Thanks for any consideration and we would like to be informed of any and all meetings that pertain to this project. 31 Attachment 17 Mr. Ken Roberts City of Maplewood 1830 East County Road B Maplewood, MN 55109 CUP Application Proposed Parking Lot Expansion St. Paul Hmong Alliance Church 1770 McMenemy St. Maplewood, MN 55117 May 12, 2002 Dear Mr. Roberts: As requested in your letter dated May 2, 2002, I am providing my comments and input regarding the CUP application of the St. Paul Hmong Alliance Church to construct a playground, expand their existing parking lot, and develop a driveway to feed onto DeSoto Street. Construction of the playground. I have no comments, constructive suggestions, or objection to the construction of the play ground. As a home owner at 1778 DeSoto for over 18 years, I am happy the church's membership is growing and that the children attend church with their caregivers. Children need a safe place to congregate and play. Expansion of current parking lot. I attended the neighborhood meeting held with regard to the church's proposal and I appreciate their need to expand their parking lot. It is my understanding that often the cars are double parked, parked on the grass, parked along the driveway leading to the church, and parked along McMenemy. While safety, accessibility for emergency vehicles, and increased church membership are cited as the supporting reasons for increasing the existing parking lot, certain questions remained unanswered. How would adding an additional service alleviate the parking problem? What is Maplewood's parking requirement regarding the number of parking spaces per square footage of building or per building capacity? If the church is planning on future expansion as depicted in the plans submitted, what level of parking will be required? How much space is required around the perimeter of a parking field to allow for the accessibility of emergency vehicles to the church? I have no particular objection to the church expanding their parking lot, but I would like to see the above questions addressed. Particularly, I think it is important to know what the objective criteria is for determining what amount of parking is needed today and what level of parking will be required in the future to meet obvious plans to expand the church. In addition to increasing the number of parking spaces, I feel the church may need to provide solutions within their control such as adding more services. 32 Page 2 CUP Application Development of a driveway to feed onto DeSoto Street. I am absolutely opposed to this proposal. Attached to my letter is a copy of the deed to 1768 McMenemy Street, showing the property is owned by the church and my hand drawn additions to the site plan provided in your letter illustrating several of my comments and suggestions that follow. I hope that you have the opportunity to go to the proposed access road location and observe the topography of the land. DeSoto is a very narrow secondary street that can not accommodate the increased traffic to and from the church if the church is permitted to construct a driveway to feed onto DeSoto Street. Additionally, such a development is a safety hazard for those people living on that portion of DeSoto Street affected by the proposal. The homes are close to the road, there are many walkers, joggers and children on bikes. DeSoto Street is half the street McMenemy is. DeSoto has no shoulders, is very narrow, has a couple of tight curves and has a road base designed for a low amount of traffic. Additionally, the proposed location for the access drive to feed onto DeSoto is directly across from a blind private driveway that serves three homes. This private driveway is my private driveway and is right next to my house. The two homes behind me that are also served by this driveway have an address of Burr Street; a street which does not actually exist at this location. One of the homes is actually land locked and has access to DeSoto by virtue of an easement over this blind private driveway. While the private drive does connect DeSoto Street to Kingston, it is down a very steep hill, with two 90 degree curves. Occasionally unauthorized joy riders and people in four wheel drives like to use the driveway to as a "short cut" or an exciting driving experience. A little further to the south of my blind driveway are five other blind driveways. Imagine the safety hazard with cars going to church and leaving church from DeSoto Street and the large number of blind driveways. The topography around this section of DeSoto Street is not flat. Upon close inspection of the site plan, it is easy to see that the church and the proposed church expansion are closer to DeSoto Street than to McMenemy. If the church is having trouble with church members parking on McMenemy and walking to the church, it is a very real possibility we will have problems with them parking on DeSoto Street if an access road to DeSoto is constructed. If anyone has ever driven on Roselawn when the church members of St. Jerome's are parked up and down Roselawn, it is easy to envision the havoc and danger such a situation will create on DeSoto. Furthermore, DeSoto Street will become impassable and unusable each and every Sunday for all of the people who live on DeSoto. In a related side bar, the church suggests that the driveway will only be used on Sundays and will be gated. However, even if they could guarantee this is the only time the access drive would be used by cars and there would be a gate, people attending church functions during the week will park on DeSoto, which has no shoulders, and walk around the gate and up the driveway. 33 Page 3 CUP Application I have attached a copy of the deed to 1768 McMenemy showing that the church owns this property in addition to the property they have included as part of their proposal. I think this is important because I feel it provides the key to solving the issue of increased access to and from the church as well as providing for the safety needs of the people on DeSoto Street. I suggest that the driveway accessing McMenemy be widened to include a mm lane. This solution would require less road construction than developing an entirely new access drive to DeSoto. While the drainage areas along the current driveway and the new drainage area required for the additional parking area may need to be modified, this option should be seriously considered. If Maplewood's staff does not have enough information to fully evaluate this option, I ask that they request the church have their engineers draw plans showing the same. McMenemy is a primary road. McMenemy is designed for heavy traffic. The fire station and the county garage are on McMenemy. If emergency vehicles need to get to the church, it makes sense that they would come from off of McMenemy Street and not drive a circumvented route to access the church from DeSoto Street. McMenemy is a straight road and the visibility along the street in either direction from the current driveway is much greater than is possible along DeSoto Street. Please call me at my work number, 612-761-1551 if you would like to discuss my comments in greater detail. Sincerely, Diana Longrie-Kline 34 i' Individual (~) to Corporation No delinquent tat:es and transfer entered; Certificate of Real Estate Val~~_.m~X[j~ejluired Certificate of Real~£sta~.~ ~I~£~4 [~ ~ L,~_.~*~.., ~o~nty~uditor '~~~e pu ty ST. 2E DEED TAX DUE HEREON: $ 214.50 Date .. January 6 , 19 88 FOR '.V;.LUABLE CONSIDERATION, _; I (rese~wed for recording data) Frank I. Cinc0tta and June W. Cinc0tta, Husband and Wife , Grantor ts), hereby convey~.)and warrant~)to Missionary Alliance a Co~por,tion Hmonq Christian and Missionary Alli*nce Church of the Christian ~nd , Grantee, under the laws of Minnesota rea/property in Ramsay County, Minnesota, described as fellows: The South 95 fact of th~ West 167 feet of the North five acres of the North 1/~ (fi 1/2) of the Southwest one-quarter (SK 1/~) of the Southwest one-quarter (S~ 1/4) of Secticn 17, lownship 29, Range 22, ;ccording to the U.,S. Government survey thereof; subject to McMenemy Street. - ~lso Tho North Southwest R~nge 22, CERT BY-- together with all ~ feet of the West 1~? feet of the South five (5) acres of the North ten (~0) acres of the one-quarter (SW q/f) ~ the Southwest one-quarter (SW ~/t~) of Section ~?, Township 29, ~ccording tc the U.S. r~overnment ~urvey thereof; subject to McMenemy Street. OIK ~ -STATE '.tALUI (if more space is needed, continue on back) hereditaments and appurtenances belonging thereto, subject to the following exceptions: Seller: Frank I. Cincotta STATE OF MINNESOTA COUNTY OF Ramsay I ss. ! The foregoing instrument wa~ acknowledged before me this 6th day of January by Frank I. Cincotta and June W. Cincotta~ Husband and Wife NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) /, ¢¢//i TI:IS INSTRUMnNT WAS DRAFTED BY (NAME AND Brody & Hickok Hmong Christi,n and Hissionary Alliance Church Suite ~220 9768 McMenemy 22}~ N. H~mline Ave. M~plevood, M~. Roseville, MN. 5511~ AGRIC~ ~?NSERV ATi ON / FEE PAID 36 ~,~s~: co~ ~itie Insurance Co [:.~,-,,. '/ Mihn. ~."~u~-~b%5~a-Ef ~ ~[e-~ v mslon ................. . o1~ ~o~. NT~A~I Attachment 18 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the St. Paul Hmong Alliance Church applied for a revision to their conditional use permit because of their plans to enlarge their church parking lot, to add a ddveway to DeSoto Street and to add a playground to their property. WHEREAS, this permit allows the church and Sunday school. WHEREAS, this permit applies to 1770 McMenemy Street. The legal description is: Except South 95 feet of West 167 feet and except East 200 feet; the North 5 acres and except West 167 feet and except East 200 feet; the North 4 feet of South 5 acres; being in North 10 acres of Southwest 1/4 of Southwest 1/4 (subject to road and easements) in Section 27, Township 29, Range 22. And Commencing at a point on the West line of Section 17, Township 29, Range 22, said point being 166.98 feet South from the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 17; running thence East and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the East line of said quarter quarter Section, thence running South along the East line of said quarter quarter Section 166.98 feet; thence running West and parallel with the North line of said quarter quarter Section 1308.4 feet to the intersection with the West line of said Section; thence running North along said last named line 166.98 feet to the place of beginning; excepting therefrom the West 342 feet thereof; and except land described in Document No. 2137431. WHEREAS, the history of this conditional use permit is as follows: 1. On November 24, 1986, the city council granted a conditional use permit for a church at this location. 2. On June.17, 2002, the planning commission recommended that the city council approve this permit revision. The city council held a public heating on ,2002. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a 37 nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. o 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: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. This approval includes the parking lot expansion, the new driveway to DeSoto Street and the proposed playground. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. Regularly maintain the grounds and pick up all debris as well as maintain the decorative wood screening fences along the north side of the site. 4. The city council shall review this permit in one year. 5. The city council may require additional parking spaces if a parking shortage develops. 6. The plans for the future church addition and future gymnasium are not approved. These shall be submitted to the City Council for approval of a revised conditional use permit. The city council may require the church to make changes to the site, including closing the new driveway to DeSoto Street, if the council deems it necessary or prudent, during future reviews of the conditional use permit. 8. The church shall provide adequate screening of the new parking lot and the new driveway from adjacent homes by planting, berming or both. The Maplewood City Council adopted this resolution on ,2002. 3~ TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: MEMORANDUM City Manager Shann Finwall, Associate Planner Conditional Use Permit Sinclair Oil Corporation 223 Larpenteur Avenue East June 11, 2002 INTRODUCTION Project Description Sinclair Oil Corporation is proposing to expand and remodel the Sinclair Gas Station located at 223 Larpenteur Avenue East. The expansion includes a 290-square-foot addition to the convenience store, refacing of the convenience store, and construction of a 50-foot x 56-foot, 2,800 square foot, fuel island canopy. The six existing fuel dispensers will be replaced with four new pumps. These fuel pumps will have two vehicle fueling stations each, for a total of eight, and will allow for payment at the pump. The proposed expansion and remodeling will be consistent with Sinclair's Rice Street Gas Station remodeling that was approved by the city council last October. Requests The applicant is requesting that the city approve the following: 1. A conditional use permit to operate a motor fuel station within the business commercial, BC, zoning district. 2. Design review. DISCUSSION Existing Business Sinclair Gas Station was constructed in the late 1970s. The building is 1,641 square feet in area and houses a small convenience store and three automobile service bays. Budget Towing currently leases the site for their towing and tire operation. They also sell gasoline under the Sinclair name. Sinclair was constructed before the city's requirement that a conditional use permit be obtained for a motor fuel station within the business commercial zoning district. Because of the expansion of their facility, a conditional use permit for the motor fuel station is required. Staff finds that the expanded facility meets the nine standards of requirement for a conditional use permit as specified in the resolution on pages 21 and 22. Hours of Operation The city code states that no motor fuel stations within 350 feet of a residential lot line shall be operated between the hours of 11 p.m. and 6 a.m. Sinclair is located next to residential properties to the south, in St. Paul, and residential properties to the west that include three city- owned housing replacement lots on the corner of Larpenteur Avenue and Adolphus Street. Budget Towing has been operating their business 24 hours a day for the past year. Once the remodeling and expansion of the motor fuel station is complete, Sinclair Oil Corporation proposes to comply with the city's required hours of operation and limit their business from 6 a.m. to 11 p.m. In addition, with the new style of fuel pumps that allow payment at the pump, many fuel stations have been allowing 24-hour, pay-at-the-pump fueling. A condition should be added to Sinclair's conditional use permit that limits pay-at-the-pump fueling between the hours of 6 a.m. and 11 p.m. as well. Building Design The three existing automobile service bays will be removed and a 290-square-foot addition will be constructed on the east side if the building. Interior of the building will include a convenience store, office, and restrooms. The existing roofline on the exterior of the building will be refaced with a new fascia system to create a fiat-roof appearance. Exterior building materials include stucco, brick, and windows. Canopy Design The canopy will be 2,800 square feet in area and 19 feet in height, which is three feet higher than the building. Overhead canopies within a motor fuel station are required to be set back at least 15 feet from the street right-of-way. Sinclair's new canopy will be set back 15 feet from the Larpenteur Avenue right-of-way. Four round steel columns will support the canopy. The columns will be painted white to match the underside of the canopy. The canopy fascia will be nonilluminated, but signage proposed for the canopy will be illuminated. This proposal does not include signage, which will require separate sign permits and must comply with the city's sign ordinance. Driveway Access There are two existing driveways located on Larpenteur Avenue. City code specifies that driveways must be set back at least 30 feet from intersecting rights-of-way. Sinclair's westerly driveway is approximately 18 feet from the intersecting Adolphus Street right-of-way. Chris Cavett, Assistant City Engineer, states in his review of the project on page 20 that the west driveway should be eliminated and a new driveway constructed on Adolphus Street. The driveway should be centered on the pump aisle, which is 30 feet from the intersecting rights-of- way. Larry Feldsien, Sinclair representative, states that the Sinclair Oil Corporation is not receptive to the alternative driveway arrangement. However, in order to avoid vehicle operation problems during peak hours on Larpenteur Avenue, staff recommends that the westerly driveway on Larpenteur Avenue be relocated to Adolphus Street. Sinclair 2 June 11, 2002 Parking Lot Vehicle Parking City code requires a motor fuel station to have at least four parking stalls, plus one stall per fuel pump. The parking stalls in front of the fuel pumps count toward the overall parking requirement. Sinclair Oil Corporation is proposing eight parking stalls in addition to the eight parking areas in front of each fuel pump. Parking Lot Setback The existing parking lot does not have curb and gutter and is constructed up to the Larpenteur Avenue right-of-way and approximately 12 feet at its closest point to Adolphus Street. City code requires that all parking lots have curb and gutter and be set back 15 feet from street rights-of- way. With the reconstruction of the parking lot, Sinclair is proposing curb and gutter as well as a 10- foot setback to Larpenteur Avenue and a 20-foot setback to Adolphus Street. Increasing the parking lot setback to the required 15 feet on Larpenteur Avenue is not possible because of limited space between the fuel island pumps and the new parking lot curb. The new 10-foot parking lot setback to Larpenteur Avenue will create a more conforming parking lot. For this reason, and because the parking lot will be located 30 feet from the paved portion of Larpenteur Avenue, staff finds the 1 O-foot pavement setback adequate. Landscaping Landscaping proposed for the site includes 10 evergreen trees and 52 shrubs. This plan is a vast improvement over the nonexistent landscaping located on the site currently. However, in order to accommodate the new curb cut along Adolphus Street and ensure screening from the future residential properties to the west, staff recommends a revised landscape plan be submitted. The revised plan should include additional plantings along the west side of the site. Lighting The lighting on the site is a particular concern due to the fact that there are residential properties to the west and south. The city's lighting ordinance states that exterior lights must not produce glare to adjacent residential properties, must not exceed 0.4-foot candles at the property lines, canopy lights must be a flush-mount type fixtures, and the maximum height of parking lot lights is limited to 25 feet. Lighting proposed for the site includes 16 flush-mount canopy lights and two 16-foot high parking lot lights. The photometric plan submitted shows the canopy light luminary exceeding the required .4-foot-candles at the Larpenteur Avenue property line. A revised photometric plan must be submitted which shows compliance with the city's lighting ordinance. Trash Enclosure To accommodate the addition, an existing fenced trash enclosure and shed will be removed from the east side of the site. Sinclair proposes to construct a new trash enclosure constructed of 6-foot high chain link fence with white slats. Samples of the fence with slats should be submitted for staff approval in order to ensure that the fence is 100 percent opaque. Sinclair 3 June 11, 2002 OTHER COMMENTS Chris Cavett, Assistant City Engineer: Mr. Cavett's review of the proposed grading and drainage plan for Sinclair's expansion and remodeling are outlined in the report on page 20. Staff recommends that all grading and drainage concerns as outlined in the report be addressed with the city engineering department prior to issuance of a building permit. Lieutenant John Banick: No public safety concerns. Dave Fischer, Building Official: Sinclair Oil Corporation must obtain two building permits, one for the canopy and one for the remodeling of the convenience store. Butch Gervais, Fire Marshal: Sinclair Oil Corporation must submit a letter with information on underground tanks including the age and installation date. The building appears to be under the allowable area for sprinkler requirements, but further information on building size will be needed. Historical Commission: Project is okay. RECOMMENDATIONS Adopt the resolution on pages 21 and 22 approving a conditional use permit to operate a motor fuel station within the business commercial, BC, zoning district for the Sinclair Gas Station located at 223 Larpenteur Avenue East. Approval is based on the findings required by ordinance and subject to the following conditions: ao The fuel station's hours of operation, including pay-at-the-pump fueling, are limited to 6 a.m. to 11 p.m. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. Co All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. do The proposed construction must be substantially started within one year of the city council's approval or the permit shall become null and void. The city council may extend this deadline for one year. e. The city council shall .review this permit in one year. Approve the plans date-stamped May 10, May 16, and May 23, 2002, for the building addition, remodeling, and construction of a new canopy and fuel islands for the Sinclair Gas Station at 223 Larpenteur Avenue East. Approval is subject to the following conditions: ao Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a building permit: Sinclair (1) A revised site plan showing: 4 June 11, 2002 Sinclair (a) Removal of the westerly driveway on Larpenteur Avenue and the replacement of all required curb and gutter along Larpenteur Avenue and the parking area. (b) At least a 24-foot-wide driveway entrance on Adolphus Street. The ddveway must be setback at least 30 feet from the Larpenteur Avenue right-of-way. (c) The easterly driveway on Larpenteur Avenue widened to 36 feet. Three lanes should be marked with paint and arrows to include an entrance lane, a left-turn exit lane, and a right-turn exit lane. (2) Revised grading, drainage, utility and erosion control plans. (3) A revised landscape plan showing the following (a) Increased plantings along the west side of the property. The increased plantings should ensure screening of the site from the residential properties to the west, across Adolphus Street. (b) In-ground sprinkler system for all landscaped areas. If the installation of a sprinkler system is not feasible because of existing pavement, the applicant must submit written agreement to hand water all landscaping. (c) All planting beds must be edged and mulched. (4) Revised canopy elevations showing that the lights beneath the canopy are flush mount. The lenses of the lights must not drop below the opaque portions of each lighting fixture. (5) A revised photometric plan showing that the site lighting does not exceed .4-foot candles at all property lines. (6) Trash enclosure fence sample mUst be submitted to staff to ensure the fence is 100 percent opaque. Complete the following before occupying the building: (1) Restore and sod damaged boulevards. (2) Install all pavement, curb, and gutter. (3) Install stop signs at both exits and a handicap-parking sign for the handicap-parking stalls. (4) Widen the easterly Larpenteur Avenue driveway to 36 feet. Three lanes should be marked with paint and arrows to include an entrance lane, a left-turn exit lane, and a right-turn exit lane. (5) Install the approved trash enclosure. 5 June 11,2002 (6) Install all required landscaping. If any required work is not done, the city may allow temporary occupancy if: (1) The city determines that the work is not essential to the public health, safety or welfare. (2) The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1, 2002. (3) The city receives an agreement that will allow the city to complete any unfinished work. This approval does not include the signs. All proposed signs require a separate sign permit and must comply with the city's sign ordinance. All work shall follow the approved plans. The director of community development may approve minor changes. Sinclair 6 June 11, 2002 CITIZEN COMMENTS I surveyed all owners within 350 feet of this site. Of the 11 surveyed, one responded positively as follows: Alden Landreville of Champps Americana, 1734 Adolphus Street: I feel it would be an asset to the area. Sinclair 7 June 11, 2002 REFERENCE INFORMATION SITE DESCRIPTION Site Size: Existing Land Use: 43,246 square feet Motor Fuel Station/Towing and Tire Business SURROUNDING LAND USES North: West: South: East: Champps Americana Restaurant (zoned BC) Single Family Homes (City-Owned Housing Replacement Lots) (zoned R1) Single Family Homes in St. Paul Interstate 35E PLANNING Existing Land Use Plan: Existing Zoning: Limited Business Commercial (LBC) Business Commercial (BC) CRITERIA FOR APPROVAL Section 36-442(a) states that the city council may approve a CUP, based on nine standards. Refer to the findings in the resolution on pages 21 and 22. APPLICATION DATE We received the complete applications and plans for Sinclair's proposal on May 23, 2002. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, city action is required on this proposal by July 22, 2002. P:Secl 8/sinclair Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 10. 13. Sinclair Oil Corporation Letter Location Map Zoning Map Land Use Map Site Plan Grading Plan Landscape Plan Existing Building Elevations Proposed Building Elevations Canopy Elevation Assistant City Engineer Comments Conditional Use Permit Resolution Separate Plans Date Stamped May 10, May 16, and May 23, 2002 Sinclair 8 June 11, 2002 Attachment 1 City of Maplewood 1830 County Road "B" East Maplewood, Minnesota 55109 Site Upgrade and Building Remodel 223 East Larpenteur Ave. Maplewood, MN. Sinclair Oil Corporation is making an application to the City of Maplewood to continue oPerating a convenience store with gasoline facilities at 223 East Larpenteur Ave., Maplewood, MN. In general the plan involves a small expansion to the building, remodeling the building interior, changing the building exterior graphics and installing new gas dispensers under a new canopy. Existing site conditions and the proposed plans are indicated on the attached drawings. A convenience store with three, car, service bays currently exist at the site along with the gasoline fueling function. Sinclair Oil Corporation obtained this site in the late 1970's and has operated the gasoline and car service facilities since that time. The facility existed as a gasoline station prior to Sinclair purchasing the property. It was indicated to Sinclair that ten feet of additional Right-of-Way is desired along Adolphus Street. At this time Sinclair management takes no exception to a ten foot easement for Right- of-Way along Adolphus Street. On the Larpenteur Ave. property line, a curb and pavemem exists up to and along the property line. The plan is proposing a ten foot pervious area onto the site between the entrances along Larpenteur Ave. With this arrangement a through lane remains available to allow vehicles to freely move around the site. The plan also shows the existing shed, east of the building, to be removed. A trash enclosure is proposed to be installed in that same area. It is proposed to change the high rise sign from the Sinclair trapezoid to a rectangular sign showing the Sinclair trapezoid logo on a green background. The proposed plan closes the service bays and expands the sales area of the convenience store. The basic use of the site remains unchanged and it is proposed to continue to operate as a convenience store with gasoline dispensing. It is Sinclair's opinion that the proposed project will not change the character of the surrounding area and it should not affect adjacent property values. This project will not change the requirements for public utilities and public services from what are in place today. 1001 E. CLIFF ROAD · SUITE 201 · BURNSVILLE, MINNESOTA 55337 (952) 736-1100 Sinclair Oil Corporation asks for approval of the proposed plan as presemed. The proposed plan represems a considerable investment and we plan to remain an active business in the community. If there are any questions, please call me at 952 736 1100 or on a cell phone at 612 791 8216. Thank you for your consideration and review of our proposed project. Sincerely, Lawrence F. Feldslen, PE Engineer SINCLAIR OIL CORPORATION Application attached. l0 Attachment 2 Little Canada St. Paul St. Paul Sinclair Gas Station 223 E Larpenteur Ave Location Map 11 Attachment' 3 . S ZONING Light Manufacturing Heavy Manufacturing Neighborhood Commercial Commercial Office Limited Business Commercial Business Commercial Modified Business Commercial Shopping Center Small Lot Single Dwelling Residential Single Dwelling Residential Double Dwelling Residential High Multiple Dwelling Residential High Multiple Dwelling Residential Condo Planned Urban Development 30000 Residential Estate 40000 Residential Estate Farm Sinclair Gas Station 223 E Larpenteur Ave Zoning Map 12 Attachment 4 . N IARPl LAND USE ~ Light Manufacturing ~ Heavy Manufacturing ~ Neighborhood Commercial ~ Commercial Office E~'~ Limited Business Commercial ~ Business Commercial Modified ~ Business Commercial ' Small Lot Single Dwelling Residential Single Dwelling Residential ~ Double Dwelling Residential i~'-i Low Multiple Dwelling Residential ~ Medium Multiple Dwelling Residential ~IB High Multiple Dwelling Residential ~ 30000 Residential Estate ~ 40000 Residential Estate ~ Park Open Space ~ School ~ c~y i_~i~ Libra;y ~ Church ~ Fire Station Sinclair Gas Station 223 E Larpenteur Ave Land Use Map 13 Attachment 5 o oo : P1K)~JCT 11'o0' o t/t__ j si[ ~/'c-5 N Site Plan 14 Attachment 6 0 / { ~,1 ii / / % LARPENTEUR AVENUE N w Grading Plan 15 Attachment 7 0 < CONVENIENCE STORE \ \ \ \ \ ',Q o oO : iQir ........ O 'L~FO O ....... ~ll ~ ID o oo LARPENTEUR AVENUE N LANDSCAPE SCHEDULE ~IARK ITEk{ QTY SIZE 1 PINU5, SYLVESTRUS "SCOTCH" 10 3-4 FT 2 AUSTRIAN PINE LEUCODERMUS DWARF2 4-5 FT 3 MUGHO PINE $~M55 MOUNTAIN PINE 6 18-24" 4 ROSE, EXPLORER 10 2 GAL. 5 JUNIPER WIL1NII 14 2 GAL. 6 YEW, EVERLOW 10 7 EUONYMUS STATUS STD. "BURNING RUSH" 10 5 GAL Landscape Plan 16 Attachment 8 EXISTING FRONT ELEVATION EXISTING REAR ELEVATION EXISTING WEST ELEVATION EXISTING EAST ELEVATION Existing Building Elevations 17 Attachment 9 FRONT ELEVATION REAR ELEVATION WEST ELEVATION ,o ...:~. ~.. EAST ELEVATION Proposed Building Elevations 18 Attachment 10 .1 56'-0' COLUMN TYP FINISH ELEVATION CANOPY ELEVATION Canopy Elevation 19 Attachment 11 Engineering Plan Review Project: Reviewed by: Sinclair Oil Corp. (Larpenteur / Adolphus) Erin Schacht and Chris Cavett Maplewood Engineering Department, June 7, 2002 The Sinclair Oil Corporation is proposing improvements to their site at 223 East Larpenteur. A small expansion to the building along with new gas dispensers and a new canopy are proposed. Curb and gutter and new pavement are included in the design of the site. Currently, there is no management of storm water. The majority of the existing storm water sheet drains untreated out to Larpenteur Avenue. The applicant has not proposed any changes to the on site drainage. Two entrances to Larpenteur Avenue currently exist and the applicant has proposed no changes to those entrances. The applicant shall address the following staff comments and revise plans before grading and utility permits will be issued: Storm Water Management/Storm Water Treatment & Misc~ drainaRe issues: The drainage design as proposed is not acceptable. Storm water runoff, sheet draining directly into Larpenteur Avenue is no longer an option for this site. Best Management Practices, (BMP's) must be incorporated into the storm water drainage design for this site. Storm water runoff shall be treated on site and discharged into an appropriate storm management system. Pollutants, such as oils and fuel must be able to be separated from storm water before it leaves the site. See the Metro Council website for additional information on best management practices. http://www.metrocouncil.org/enviroment/Watershed/bmpmanual.htm Contact Maplewood Assistant City Engineer, Chris Cavett at 651-770-4554, to discuss some viable options. Some options that are described in the BMP manual and which the applicant might consider Installing catch basins to capture flow before it is allowed to leave the site. Treating the flow with appropriate storm water treatment structures for this type of site. There is an existing storm sewer catch basin on the north end of the property, located in the parking lot area leased by Champs. "Treated" storm water may be discharged into that system. The applicant shall provide the city their maintenance plan to regularly clean the treatment structure. Submit design information and runoff calculations for the site and the treatment structures proposed to be used. · Consider using Rainwater Gardens in some of the landscape areas to manage storm water from the east side of the site. Miscellaneous: Eliminate the west entrance to Larpenteur Avenue. A second entrance may be constructed off of Adolphus Street. It appears that a driveway centered on the pump aisle will be no more than a 10% grade to Adolphus with no grade changes, but can be reduced more with adjustments to the grades and drainage on the west side of the site. Maintain minimum 3:1 slopes throughout the site, notably at the northeast comer. Proposed contours elevations do not tie into the correct existing contour elevations. The 95 contour ties into the 95.5 contour, etc. Label proposed contours, as they are difficult to follow. 3. Submit the signed Roadway Easement to the City of Maplewood Engineering Department for the Easement shown along Adolphus, and the City will file it with Ramsey County. 20 ATTACHMENT 12 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Sinclair Oil Corporation applied for conditional use permit to operate a motor fuel station within the BC, Business Commercial, zoning district; WHEREAS, this permit applies to property located at 223 Larpenteur Avenue East. The legal description is: The West 300 feet of the South 290 feet, except the West 30 feet thereof, of the West % of the Southeast % of the Southeast % of Section 18, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: On June 17, 2002, the planning commission recommended that the city council approve this permit. On ,2002, the city council held a public headng. The city staff published a notice in the paper and sent notices to the surrounding property owners. The city council gave everyone at the headng a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit based on the building and site plans. The city approved this permit because: 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. 21 o The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: The fuel station's hours of operation, including pay-at-the-pump fueling, is limited to 6 a.m. to 11 p.m. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of the city council approval or the permit shall become null and void. The city council may extend this deadline for one year. 5. The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on ,2002. 22 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Tom Ekstrand, Assistant Community Development Director Manufactured Home Park Closing Ordinance June 12, 2002 INTRODUCTION The All Parks Alliance for Change (APAC), and many manufactured home park residents in Maplewood, requested that the city council pass an ordinance that would guarantee park residents financial assistance to relocate if their park closed. On February 25, 2002, the city council directed staff to review this request and forward a recommendation to them. Refer to the attached Apdl 3, 2002 memorandum for details. Staff has invited the five Maplewood manufactured home park owners and representation from APAC to attend the planning commission to discuss APAC's request. BACKGROUND Apdl 9, 2002: The Maplewood Housing and Redevelopment Authority (HRA) discussed this matter. The HRA tabled this issue until the city receives notification of a manufactured home park closing. They felt that since there are no proposed or pending closings at this time, there is no urgency to act immediately. The HRA discussed the needs-vs.-greed aspects of APAC's suggested ordinance. The HRA also wanted to know from the city attorney if the city would have sufficient time to enact an ordinance at the time of a proposed park closing that would be applicable to that park or if it would only apply to future closings in the city. (The city attorney said that, in such a case, an ordinance enacted would apply to future closings, not to a current one.) DISCUSSION Staff has not formed a recommendation about this matter. The input received at the planning commission meeting will aid staff in forwarding a recommendation to the city council. RECOMMENDATION None at this time. p:com_dvpt\ordVnanufactured home parks.4'02.doc Attachments: Memorandum dated Apdl 3, 2002 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Shann Finwall, Associate Planner Manufactured Home Park-Closing Ordinance Discussion April 3, 2002 INTRODUCTION Background In 1987, the Minnesota State Legislature passed a law allowing cities and municipalities to pass park-closing ordinances (Minnesota Statutes, Section 327C.095). The purpose of such an ordinance is to help protect citizens living in manufactured home parks in the event of a park closing by requiring park owners to reimburse homeowners for relocation costs if their home can be moved, and if not, purchase the manufactured home. (See Section 327C.095 on pages 5 through 8.) The City of Maplewood received a proposed manufactured home park-closing ordinance for the city council's review from All Parks Alliance for Change (APAC) (see attached APAC letter and proposed ordinance on pages 9 through 13). APAC is a non-profit organization that serves as a tenant's union for manufactured home owners. They help organize park residents to understand and protect their rights as specified in state law. APAC sent a mailing to a majority of the city's park residents regarding their proposed ordinance. In the mailing they requested that the residents show their support of a park-closing ordinance by signing their name and address to a postcard and sending it to the city. To date, the city has received 190 postcards in support of the proposed ordinance. (See the language used by APAC on the postcard and the names and addresses of the residents in support of the proposed ordinance on pages 14 through 24.) On February 25, 2002, after reviewing APAC's proposed manufactured home park-closing ordinance, the city council directed staff to review the request and forward a recommendation to them. Request Staff is requesting input from the Maplewood Housing Redevelopment Authority (HRA) to assist us in our review of APAC's request, and the many manufactured home park resident's request, for the city to pass a manufactured home park-closing ordinance. DISCUSSION Manufactured Home Park-Closing Legislation The park-closing legislation came out of a situation in Bloomington when Lyndale Lodge Manufactured Home Park was sold for redevelopment as a car dealership. Many of the homes were too old to move and therefore forced the residents to sell their homes for very little. This left many of the residents financially devastated and homeless. Alarmed by these events, the legislature passed the park closing law in 1987. The law states that a park owner must notify the city and the residents of a park closing nine months prior to the proposed closing. Once notice is received, the city must hold a public headng to review the impacts that the park closing may have on the displaced residents and the park owners. The city may require payment by the park owner to be made to the displaced resident for reasonable relocation costs. If a resident cannot relocate the home to another park within 25 miles of the park that is being closed, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents. The law further states that the city may also require that other parties, including the city, involved in the park closing Provide additional compensation to residents to mitigate the adverse financial impact of the park closing upon the resident. After the law was enacted, the City of Bloomington adopted a park-closing ordinance and required the Lyndale Lodge Manufactured Home Park owner to reimburse the park residents for relocation costs or purchase the homes. The park owners brought the City of Bloomington to court over the ordinance claiming that it was a land taking. The Minnesota Court of Appeals upheld Bloomington's ordinance in Arcadia vs. City of Bloomin.qton, 1994, and the park owners were required to reimburse the homeowners for relocation costs or purchase the homes. Existing Park-Closing Ordinances Thirteen cities within the State of Minnesota currently have park-closing ordinances: Apple Valley, Bloomington, Burnsville, Hopkins, Elk River, Dayton, Fridley, Lake Elmo, Moundsview, Oakdale, Red Wing, Roseville, and Shakopee. Most of these ordinances require that park owners reimburse manufactured home owners to relocate their homes within 25 miles. If relocation is not possible, the park owner or land developer must purchase the home for the market value as determined by an independent appraiser approved by the city. In addition, some cities' ordinances place a cap on the amount of reimbursement. For example, the park owner or land developer would only have to reimburse up to 20 percent of the purchase price of the park or the assessed value of the park. Two cities within the State of Minnesota, Brainerd and Willmar, reviewed park-closing ordinances and chose not to pass one. Both of these proposed ordinances were brought on by actual park closings. All Parks Alliance for Change Proposed Ordinance APAC's proposed ordinance mirrors Elk River's ordinance passed in 1997. It states that the park owner or land developer shall pay the displaced resident the reasonable cost of relocating the home to another park within 25 miles. Reasonable costs include expenses incurred in moving the home and personal property, insurance for replacement value of the property being moved, and cost of repairs or modifications that are required in order to take down, move and set up the home. If the home cannot be moved, the resident is entitled to relocation costs based upon an average of costs awarded to other residents plus the park owner or land developer must purchase the home at the amount equal to the estimated market value of the home. APAC's proposed ordinance does not include a cap on the amount that a park owner or land developer would have to reimburse the residents. Upon notice of APAC's proposed manufactured home park closing ordinance, Traci Tomas, agent for the St. Paul Tourist Cabins, submitted a letter to the city regarding her experience with park-closing ordinances passed in the Cities of Fridley and Shakopee (see attached St. Paul Manufactured Home Park Closings 2 April 3, 2002 Tourist Cabin letter and Fridley's and Shakopee's park-closing ordinances on pages 25-30). As a manufactured home park owner representative, Ms. Tomas found that the City of Shakopee's ordinance allowed for the most flexibility for possible future city development of manufactured home park properties. City of Maplewood Manufactured Home Parks There are five manufactured home parks with a total of 789 homes within the City of Maplewood (see map on page 37): Park Name Date Established No. of Sites No. of Homes Beaver Lake 1970 254 254 2425 Maryland Ave. Maplewood Man. Home Park 1880 English Street N. Approx. 1957 19 19 Rolling Hills 1984 357 357 1319 Rolling Hills Ddve St. Paul Tourist Cabins 940 Frost Avenue Approx. 1955 45 39 Town and Country 2557 Highway 61 Approx. 1950 120 120 TOTAL 795 789 St. Paul Tourist Cabins and Maplewood Manufactured Home Park have older manufactured homes, many of which would not meet current building code standards. Since the St. Paul Toudst Cabins have been under new ownership as of last year, six of the older manufactured homes have been removed. The new owners state that they will be replacing the older homes with newer homes. Beaver Lake, Rolling Hills, and Town and Country have a mix of new and old homes. These three parks have given residents the opportunity to trade-in their existing manufactured home for newer models, or when a resident leaves, the park owners purchase the older home and replace it with a newer home. Manufactured home park residents own their home but rent the land the home sits on. The average cost of a new manufactured home is from $30,000 for a standard size to $60,000 for a double wide. The average cost of an older manufactured home varies widely from $500 for the oldest models to $4,000. Rental space is approximately $270 per month and usually covers sewer, water, garbage, and snow removal. There are no studies to indicate the average annual income of manufactured home park residents within the City of Maplewood. However, a study of manufactured home park residents in East Bethel, Minnesota, conducted by the Center for Urban and Regional Affairs in 1998, indicated Manufactured Home Park Closings 3 Apdl 3, 2002 that the mean annual household income of manufactured home residents was from $10,000 to $29,999. Possible Pros and Cons Pros: APAC points out that it would prove difficult to find an available manufactured home site within a 25-mile radius of a park within the City of Maplewood because of the Iow vacancy rates. Also, many of the manufactured homes are older and cannot be moved. Because of this and the fact that most of these homeowners have lower-income, a park closing could prove to be a financial catastrophe for many of the city's residents. As stated by APAC in their attached letter, residents living in conventional homes receive compensation when their property is sold for redevelopment. However, residents that own a home within a manufactured home park are not guaranteed anY kind of compensation if their park is closed because they do not own the land that their home sits on. APAC states that a park- closing ordinance would ensure that the residents of the manufactured home parks in Maplewood would receive fair compensation for their homes in the event a park closes. Cons: Mark Brunner, executive vice president of Minnesota Manufactured Housing Association (MMHA), states that such an ordinance would hinder redevelopment within the City of Maplewood due to the added expense to the developer. He points out that bank lenders may also be more hesitant to refinance loans for park upgrades and improvements if such an ordinance were in place and questions the fairness of how the values of the manufactured homes are determined in some of the existing ordinances. Also, MMHA believes that the language in the law which states "other parties involved in the park closing may provide additional compensation to residents" is intended to not only mean the park owner or developer, but entities such as the city, housing redevelopment authority, or other entities that may be able to tie into reimbursement. Mr. Brunner states that the current law gives the manufactured home residents the protections needed because it allows cities to determine compensation to the residents at the time of a closing. MMHA is opposed to such an ordinance because it could be considered a land taking and would put a burden on the property owner. RECOMMENDATION Staff recommends that the HRA provide input into the proposed manufactured home park-closing ordinance. P:ord~'nan. home park Attachments 1. 2. 3. 4. 5. 6. State Park Closing Law APAC's Letter Dated 1/11/02 APAC's Proposed Park-Closing Ordinance Manufactured Home Park Residents' Petition in Support of Ordinance St. Paul Tourist Cabin's Letter Dated 3/11102 including Fridley's and Shakopee's Ordinances Maplewood Manufactured Home Parks Map Manufactured Home Park Closings 4 April 3, 2002 Attachment 1 327C.095 Park closings. Subdivision 1. Conversion of use; minimum notice. At least nine months before the conversion of all or a portion of a manufactured home park to another use, or before closure of a manufactured home park or cessation of use of the land as a manufactured home park, the park owner must prepare a closure statement and provide a copy to the local planning agency and a copy to a resident 'of each manufactured home where the residential use is being converted. A resident may not be required to vacate until 60 days after the conclusion of the public hearing required under subdivision 4. If a lot is available in another section of the park that will continue to be operated as a park, the park owner must allow the resident to relocate the home to that lot unless the home, because of its size or local ordinance, is not compatible with that lot. Subd. 2. Notice of hearing; proposed change in land use. If the planned conversion or cessation of operation requires a variance or zoning change, the municipality must mail a notice at least ten days before the hearing to a resident of each manufactured home in the park stating the time, place, and purpose of the public hearing. The park owner shall provide the municipality with a list of the names and addresses of at least one resident of each manufactured home in the park at the time application is made for a variance or zoning change. Subd. 3. Closure statement~ Upon receipt of the closure statement from the park owner, the local planning agency shall submit the closure statement to the governing body of the municipality and request the governing body to schedule a public hearing. The municipality must mail a notice at least ten days before the hearing to a resident of each manufactured home in the park stating the time, place, and purpose of the public hearing. The park owner shall provide the municipality with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the local planning agency. Subd. 4. Public hearing; relocation costs. The governing body of the municipality shall hold a public hearing to review the closure statement and any impact that the park closing may have on the displaced residents and the park owner. Before any change in use or cessation of operation and as a condition of the change, the governing body may require a payment by the park owner to be made to the displaced resident for the reasonable relocation costs. If a resident cannot relocate the home to another manufactured home park within a 25 mile radius of the park that is being closed, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents. The governing body of the municipality may also require that other parties, including the municipality, involved in the park closing provide additional compensation to residents to mitigate the adverse financial impact of the park closing upon the residents. Subd. 5. Park conversions. If the planned cessation of operation is for the purpose of converting the part of the park occupied by the resident to a common interest community pursuant to chapter 515B, the provisions of section 515B.4-111, except subsection (a), shall apply. The nine-month notice required by this section shall state that the cessation is for the purpose of conversion and shall set forth the rights conferred by this subdivision and section 515B.4-111, subsection (b). Not less than 120 days before the end of the nine months, the park owner shall serve upon the resident a form of purchase agreement setting forth the terms of sale contemplated by section 515B.4-111, subsection (d). Service of that form shall operate as the notice described by section 515B.4-111, subsection (a). Subd. 6. Intent to convert use of park at time of purchase. Before the execution of an agreement to purchase a manufactured home park, the purchaser must notify the park owner, in writing, if the purchaser intends to close the manufactured home park or convert it to another use within one year of the execution of the agreement. The park owner shall provide a resident of each manufactured home with a 45-day written notice of the purchaser's intent to close the park or convert it to another use. The notice must state that the park owner will provide information on the cash price and the terms and conditions of the purchaser's offer to residents requesting the information. The notice must be sent by first class mail to a resident of each manufactured home in the park. The notice period begins on the postmark date affixed to the notice and ends 45 days after it begins. During the notice period required in this subdivision, the owners of at least 51 percent of the manufactured homes in the park or a nonprofit organization which has the written permission of the owners of at least 51 percent of the manufactured homes in the park to represent them in the acquisition of the park shall have the right to meet the cash price and execute an agreement to purchase the park for the purposes of keeping the park as a manufactured housing community. The park owner must accept the offer if it meets the cash price and the same terms and conditions set forth in the purchaser's offer except that the seller is not obligated to provide owner financing. For purposes of this section, cash price means the cash price offer or equivalent cash offer as defined in section 500.245, subdivision 1, paragraph (d). Subd. 7. Intent to convert use of park after purchase. If the purchaser of a manufactured home park decides to convert the park to another use within one year after the purchase of the park, the purchaser must offer the park for purchase by the residents of the park. For purposes of this subdivision, the date of purchase is the date of the transfer of the title to the purchaser. The purchaser must provide a resident of each manufactured home with a written notice of the intent to close the park and all of the owners of at least 51 percent of the manufactured homes in the park or a nonprofit organization which has the written permission of the owners of at least 51 percent of the manufactured homes in the park to represent them in the acquisition of the park shall have 45 days to execute an agreement for the purchase of the park at a cash price equal to the original purchase price paid by the purchaser plus any documented expenses relating to the acquisition and improvement of the park property, together with any increase in value due to appreciation of the park. The purchaser must execute the purchase agreement at the price specified in this subdivision and pay the cash price within 90 days of the date of the purchase agreement. The notice must be sent by first class mail to a resident of each manufactured home in the park. The notice period begins on the postmark date affixed to the notice and ends 45 days after it begins. Subd. 8. Required filing of notice. Subdivisions 6 and 7 apply to manufactured home parks upon which notice has been filed with the county recorder or registrar of titles in the county where the manufactured home park is located. Any person may file the notice required under this subdivision with the county recorder or registrar of titles. The notice must be in the following form: "MANUFACTURED HOME PARK NOTICE THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK PARK OWNER LEGAL DESCRIPTION OF PARK 7 COOPERATIVE ASSOCIATION (IF APPLICABLE)" Subd. 9. Effect of noncompliance. If a manufactured home park is finally sold or converted to another use in violation of subdivision 6 or 7, the residents do not have any continuing right to purchase the park as a result of that sale or conversion. A violation of subdivision 6 or 7 is subject to section 8.31, except that relief shall be limited so that questions of marketability of title shall not be affected. Subd. 10. Exclusion. Subdivisions 6 and 7 do not apply to: (1) a conveyance of an interest in a manufactured home park incidental to the financing of the manufactured home park; (2) a conveyance by a mortgagee subsequent to foreclosure of a mortgage or a deed given in lieu of a foreclosure; or (3) a purchase of a manufactured home park by a governmental entity under its power of eminent domain. Subd. 11. Affidavit Of compliance. After a park is sold, a park owner or other person with personal knowledge may file an affidavit with the county recorder or registrar of titles in the county in which the park is located certifying compliance with subdivision 6 or 7 or that subdivisions 6 and 7 are not applicable. The affidavit may be used as proof of the facts stated in the affidavit. A person acquiring an interest in a park or a title insurance company or attorney who prepares, furnishes, or examines evidence of title may rely on the truth and accuracy of statements made in the affidavit and is not required to inquire further as to the park owner's compliance with subdivisions 6 and 7. When an affidavit is filed, the right to purchase provided under subdivisions 6 and 7 terminate, and if registered property, the registrar of titles shall delete the memorials of the notice and affidavit from future certificates of title. HIST: 1987 c 179 s 10; 1991 c 26 s 1-7; 1997 c 126 s 6; 1999 c 11 art3s 10 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. An Organization of Manufactured Home Residents 2395 University Avenue West, Suite 302 St. Paul MN 55114 (phone) (651) 644-5525 flax) (65D523-0173 (email) apac~mtn, org January ll, 2002 Attachment 2 Shann Finwall Maplewood Planning Dept. 1830 E. County Rd. B Maplewood, MN 55109 Dear Ms. Shann Finwall, We are writing to ask for your support in the passing of a park-closing ordinance for the city of Maplewood. This ordinance would protect manufactured homeowners' families from displacement in the case of their park closing for redevelopment. A park-closing ordinance would ensure that the residents of manufactured home parks in Maplewood would receive fair compensation for their homes, which likely cannot be moved, in the event that their manufactured home park would close for redevelopment. Residents living in conventional homes receive compensation when their property is sold for redevelopment. However, residents that own a home within a manufactured home park are not guaranteed any kind of compensation if their park is closed because they do not own the land that their home sits on. Under a standard park-closing ordinance, if a home is a newer model and can be moved to another park, the owner and/or new buyer of the park would have to pay to relocate the home to another park within a 25 mile radius or buy the home at its assessed value. Under Minnesota State Law (§327C.095), cities and municipalities have the authority to pass a park-closing ordinance. Thirteen cities in Minnesota have already passed Park Closing Ordinances because they understood the necessity of an ordinance to protect their constituents. This ordinance is very important to your constituents in Maplewood that live in manufactured home parks. These voters and taxpayers make up nearly 5% of the population of Maplewood, almost 900 households. Many of the parks in Maplewood are very large and if a park closed it would be catastrophic. We plan to present the proposal before the city council on February 25th, 2002. We hope that you and the other Council Members will decide to pass this ordinance for manufactured homeowners in Maplewood. Enclosed with this letter are some informational materials for your perusal, including a copy of the proposed ordinance and Minnesota Statute 327C.095. If you have any questions regarding this issue we urge you to contact us. Thank you for your consideration and we look forward to meeting with you on the 25th. Sincerely, Jeff Swanberg, Chair of the St. Pail Cabins Resident Association www. allparksallianceforchange, org m·r~be~ Attachment 3 City of Maplewood, Minnesota Ordinance NO. - Manufactured Home Park Closings Section XXXX.O0 Purpose: In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The purpose of this ordinance is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327c095. Section XXXX.02 Definitions: The Following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise: Closure Statement: A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing with/n a twenty-five (25)mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. Displaced Resident: A resident of an owner-occupied manufactured home ho rents a lot in a manufactured home park, including the members of the resident's household, as of the date park owner submits a closure statement to the City's Planning Commission. Lot: An area within a manufactured home park, designed and used for the accommodation of a manufactured home. Manufactured Home: A structure not affixed to or part of a real estate, transportable in one or more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. The City of Maplewood also elects to expand these provisions of protection to manufactured homes that are smaller than the dimensions of, eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, are three hundred and twenty (320) or more square feet, and which are built on a permanent chassis and designed to be used as dwellings with or without permanent foundations when connected to the required utilities, and include the plumbing, heating, air conditioning, and electrical system contained in them. Some manufactured homes that are currently in Maplewood are smaller than the definition for manufactured homes provided in Minnesota Statute 327C thus, the City of Maplewood feels that since these homes fall 10 under the definition of a manufactured home, except for their size, that these home should also be covered under this ordinance. Park Owner: The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a park. Person: Any individual, cooperation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. Section XXXX.04 Notice of Public Hearing- The Planning Commission shall submit the closure statement to the City Council to schedule a public hearing. The City shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the City with a li'st of the names and address of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the Planning Commission. Section XXXX. 06 Public Hearing: A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. Section XXXX.O8 Payment of Relocation Costs: After the service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable cost of relocating the manufactured home to another manufactured home park located within a twenty five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation. Reasonable relocation costs shall include: The actual expenses incurred in moving the displaced resident's manufactured home and personal property, including the reasonable cost of disassembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of the park and utility "hook-up" charges. B. The cost of insurance for the replacement value of the property being moved. C. The cost of repairs or modifications that are required in order to take down, move and set up the manufactured home. 11 If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. A displaced resident compensated under this section of the bill shall retain title to the manufactured home and shall be responsible fbr its prompt removal from the manufactured home park. The park owner shall make the payments under this section directly to the person performing the relocation services after the performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner's liability to pay relocation expenses. Section XXXX. 10 Payment of Additional Compensation: If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to additional compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. An such instance, the additional compensation shall be in an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in mobile home appraisal approved by the City Administrator. The purchaser shall pay the cost for the appraisal. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Such compensation shall be paid to the displaced residents no later than the earlier of sixty (60) days prior to the closing of the park or its conversion to another use. Section XXXX.12 Penalty: 1. Violation of any provision of this Section shall be a misdemeanor. 2. Any provisions of this Section may be enforced by injunction or other appropriate civil remedy. The City shall not issue a building permit in conjunction with reuse of the manufactured home park property unless the park owner has paid reasonable location costs and the purchaser of the park has provided additional compensation in accordance with the requirements of this Section. Approval of any application for rezoning, platting, conditional use permit, planed unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this Chapter. Section XXXX. 14 Effective Date: This ordinance shall be effective upon publication. 13 Attachment 4 Dear City Council Members and Mayor Robert Cardinal, I am a resident of Beaver Lake Manufactured Home Park in Maplewood. We, residents of manufactured home parks, make up nearly 900 households in Maplewood. I am sending this post card to request that the City Council pass the proposed Park Closing Ordinance. Passing the ordinance at the meeting on February 25th would help protect and preserve these existing units of affordable housing in Maplewood, as well as give a sense of security and stability to nearly 900 Maplewood families. Thirteen other cities in Minnesota, including Oakdale, have passed this important ordinance, in doing so protecting Iow-income families from displacement. By passing this ordinance, Maplewood would further its commitment to preserving affordable housing and serving its Iow to moderate- income residents. Thank you for your consideration. Beaver Lake Estates 2425 Maryland Avenue Maplewood MN 55119 Vicki Aerbst Beaver Lake Estates 2405 Elkhart Lane Maplewood MN 55119 Dorothy Anderson Beaver Lake Estates 2420 Amberjack Lane Maplewood MN 55119 Vera Anderson Beaver Lake Estates 1231 Cougar Lane Maplewood MN 55119 Donald Andrews Beaver Lake Estates 1277 Antelope Way Maplewood MN 55119 Mary Jane Belisle Beaver Lake Estates 1259 Bobcat Lane Maplewood MN 55119 Leonard Bergman Beaver Lake Estates 2425 Dolphin Drive Maplewood MN 55119 JoAnn Bohrer Beaver Lake Estates 1293 Antelope Way Maplewood MN 55119 Tom Brockway Beaver Lake Estates 1217 Antelope Way Maplewood MN 55119 Kevin Burns Beaver Lake Estates 1232 Deerfield Drive Maplewood MN 55119 Steve Carlson Beaver Lake Estates 2409 Amberjack Lane Maplewood MN 55119 Constance Conroy Beaver Lake Estates 1253 Antelope Way Maplewood MN 55119 lone Coon Beaver Lake Estates 2461 Dolphin Drive Maplewood MN 55119 Louise Crosby Beaver Lake Estates 1231 Deerfield Drive Maplewood MN 55119 Margaret Cunningham Beaver Lake Estates 1218 Beaverdale Road Maplewood MN 55119 Rita Deutsch Beaver Lake Estates 1240 Bobcat Lane Maplewood MN 55119 Judith Ehnstrom Beaver Lake Estates 1200 Cougar Lane Maplewood MN 55119 Wallace Eilers Beaver Lake Estates 1237 Antelope Way Maplewood MN 55119 Mary Sue Fiola Beaver Lake Estates 1247 Deerfield Drive North Maplewood MN 55119 Steve Fry Beaver Lake Estates 2400 Dolphin Drive Maplewood MN 55119 Karen Galvin Beaver Lake Estates 2404 Coyote Lane Maplewood MN 55119 14 Quanita Garcia Beaver Lake Estates 2440 Dolphin Drive Maplewood MN 55119 Cory T. Griffin Beaver Lake Estates 1246 Beaverdale Road Maplewood MN 55119 John Herron Beaver Lake Estates 2428 Coyote Lane Maplewood MN 55119 Owen Hoff Beaver Lake Estates 2453 Elkhart Lane Maplewood MN 55119 Colleen Jones Beaver Lake Estates 2408 Dolphin Drive Maplewood MN 55119 Thomas Krenn Beaver Lake Estates 2425 Coyote Lane Maplewood MN 55119 Mr. Larson Beaver Lake Estates 2477 Elkhart Lane Maplewood MN 55119 James Lyons Beaver Lake Estates 1235 Cougar Lane Maplewood MN 55119 Kerry McAmis Beaver Lake Estates 1224 Cougar Lane Maplewood MN 55119 Dorothy Metzger Beaver Lake Estates 1238 Beaverdale Road Maplewood MN 55119 Lawrence Giles Beaver Lake Estates 1269 Antelope Way Maplewood MN 55119 Lillian Hanna Beaver Lake Estates 2412 Amberjack Drive Maplewood MN 55119 Steve Hill Beaver Lake Estates 1268 Bobcat Lane Maplewood MN 55119 Darleen Hofland Beaver Lake Estates 2408 Elkhart Lane Maplewood MN 55119 Jim Kallio Beaver Lake Estates 2425 Elkhart Lane Maplewood MN 55119 Euphemia Kroll Beaver Lake Estates 1283 Bobcat Lane Maplewood MN 55119 Jeannine Latterell Beaver Lake Estates 2420 Elkhart Lane Maplewood MN 55119 Ray Mann Beaver Lake Estates 2453 Dolphin Drive Maplewood MN 55119 Michael McCormack Beaver Lake Estates 1228 Bobcat Lane Maplewood MN 55119 Michael MierVa Beaver Lake Estates 2473 Dolphin Drive Maplewood MN 55119 Tina Gray Beaver Lake Estates 1211 Deerfield Drive Maplewood MN 55119 Anthony Herbert Beaver Lake Estates 2461 Elkhart Lane Maplewood MN 55119 Warren Hobbick Beaver Lake Estates 1216 Bobcat Lane Maplewood MN 55119 Carol Johnson Beaver Lake Estates 1227 Bobcat Lane Maplewood MN 55119 Wendy Kelley Beaver Lake Estates 1212 Deerfield Drive Maplewood MN 55119 Casey LaCasse Beaver Lake Estates 1208 Deerfield Drive Maplewood MN 55119 Harold Lee Beaver Lake Estates 2400 Elkhart Lane Maplewood MN 55119 William McAmis Beaver Lake Estates 1228 Deerfield Drive Maplewood MN 55119 Margaret McCrank Beaver Lake Estates 2472 Elkhart Lane Maplewood MN 55119 Catherine Minnear Beaver Lake Estates 2413 Dolphin Drive Maplewood MN 55119 15 Arnold North Beaver Lake Estates 2469 Elkhart Lane Maplewood MN 55119 Jerry Page Beaver Lake Estates 1215 Cougar Lane Maplewood MN 55119 Frances Parent Beaver Lake Estates 1215 Bobcat Lane Maplewood MN 55119 Delores Price Beaver Lake Estates 1219 Deerfield Drive Maplewood MN 55119 Teresa Reichert Beaver Lake Estates 2413 Coyote Lane Maplewood MN 55119 Robert Schirmer Beaver Lake Estates 2465 Elkhart Lane Maplewood MN 55119 David Schneider Beaver Lake Estates 1239 Bobcat Lane Maplewood MN 55119 James Scott Beaver Lake Estates 1222 Beaverdale Road Maplewood MN 55119 K.D. Smith Beaver Lake Estates 1259 Deerfield Drive Maplewood MN 55119 Richard Stevens Beaver Lake Estates 1220 Cougar Lane Maplewood MN 55119 L. Odden Beaver Lake Estates 1224 Bobcat Lane Maplewood MN 55119 Kathleen Pakulski Beaver Lake Estates 1272 Bobcat Lane Maplewood MN 55119 Donna Peick Beaver Lake Estates 2416 Dolphin Drive Maplewood MN 55119 Tricia Quaale Beaver Lake Estates 2460 Elkhart Lane Maplewood MN 55119 Carol Ristau Beaver Lake Estates 2424 Dolphin Drive Maplewood MN 55119 Elba Schirner Beaver Lake Estates 12131 Bobcat Lane Maplewood MN 55119 David Schreier Beaver Lake Estates 1236 Deerfield Drive Maplewood MN 55119 Mike Sheehan BeaverLake Estates 1247 BobcatLane Maplewood MN 55119 Tina Sorenson Beaver Lake Estates 2424 Elkhart Lane Maplewood MN 55119 Mark Swanson Beaver Lake Estates 2433 Amberjack Lane Maplewood MN 55119 Robert Ogilvie Beaver Lake Estates 1249 Antelope Way Maplewood MN 55119 Leonard Parent Beaver Lake Estates 1267 Deerfield Drive Maplewood MN 55119 John Pfluger Beaver Lake Estates 1297 Antelope Way Maplewood MN 55119 Walter Rasmussen Beaver Lake Estates 2412 Dolphin Drive Maplewood MN 55119 Jan Rottach Beaver Lake Estates 1196 Antelope Way Maplewood MN 55119 Donna Schmitz Beaver Lake Estates 1210 Beaverdale Road Maplewood MN 55119 Jerome Schultz Beaver Lake Estates 1216 Cougar Lane Maplewood MN 55119 Mary Sizemore Beaver Lake Estates 2461 Bison Drive Maplewood MN 55119 Craig M. Spreigl Beaver Lake Estates 1219 Bobcat Drive Maplewood MN 55119 Thomas Sward Beaver Lake Estates 1251 Deerfield Drive Maplewood MN 55119 David Toff Beaver Lake Estates 2420 Dolphin Drive Maplewood MN 55119 Robert Warner Beaver Lake Estates 1214 Beaverdale Road Maplewood MN 55119 Lisa Williams Beaver Lake Estates 2449 Elkhart Lane Maplewood MN 55119 Sandra Zimmerman Beaver Lake Estates 1255 Bobcat Lane Maplewood MN 55119 17 Dear City Council Members and Mayor Robert Cardinal, I am a resident of Maplewood Manufactured Home Park in Maplewood. We, residents of manufactured home parks, make up nearly 900 households in Maplewood. I am sending this post card to request that the City Council pass the proposed Park Closing Ordinance. Passing the ordinance at the meeting on February 25th would help protect and preserve these existing units of affordable housing in Maplewood, as well as give a sense of security and stability to nearly 900 Maplewood families. Thirteen other cities in Minnesota, including Oakdale, have passed this important ordinance, in doing so protecting Iow-income families from displacement. By passing this ordinance, Maplewood would further its commitment to preserving affordable housing and serving its Iow to moderate- income residents. Thank you for your consideration. Douglas Chestnut Maplewood Mobile Home Park 1876 English Street Maplewood MN 55109 Mike Cobb Maplewood Mobile Home Park 1880 English Street North Maplewood MN 55109 18 Dear City Council Members and Mayor Robert Cardinal, I am a resident of Rollin.q Hills Manufactured Home Park in Maplewood. We, residents of manufactured home parks, make up nearly 900 households in Maplewood. I am sending this post card to request that the City Council pass the proposed Park Closing Ordinance. Passing the ordinance at the meeting on February 25th would help protect and preserve these existing units of affordable housing in Maplewood, as well as give a sense of security and stability to nearly 900 Maplewood families. Thirteen other cities in Minnesota, including Oakdale, have passed this important ordinance, in doing so protecting Iow-income families from displacement. By passing this ordinance, Maplewood would further its commitment to preserving affordable housing and serving its Iow to moderate- income residents. Thank you for your consideration. Mary Andersen Rolling Hills 2622 Oakhill Court Maplewood MN 55119 Klm Atkinson Rolling Hills 2638 Angela Court Maplewood MN 55119 Myron Axtman Rolling Hills 1324 Birchview Drive Maplewood MN 55119 Scott Benson Rolling Hills 1340 Birchview Drive Maplewood MN 55119 Floyd Brown Rolling Hills 1398 Pearson Drive Maplewood MN 55119 Carol Brown Rolling Hills 1394 Birchview Drive Maplewood MN 55119 Richard Bunde Rolling Hills 1387 Birchview Drive Maplewood MN 55119 Dan Charboneau Rolling Hills 2628 Benlana Court Maplewood MN 55119 Shelly Christensen Rolling Hills 1358 Pearson Drive Maplewood MN 55119 Larry Coffman Rolling Hills 2676 Mickey Lane Maplewood MN 55119 Rene Comstock Rolling Hills 2633 Mickey Lane Maplewood MN 55119 John Cournoyer Rolling Hills 2655 Oakhill Court Maplewood MN 55119 Fred Creager Rolling Hills 2644 Benlana Court Maplewood MN 55119 Dorothy Dickinson Rolling Hills 1341 Birchview Drive Maplewood MN 55119 Denise Elmquist Rolling Hills 2700 Mickey Lane Maplewood MN 55119 Mona Lou Emerfoll Rolling Hills 2638 Oak Hill Court Maplewood MN 55119 Ray Garcia Rolling Hills 2637 Benlana Court Maplewood MN 55119 Carolyn Ann Garrison Rolling Hills 1373 Rolling Hills Drive Maplewood MN 55119 Judith Gilmore Rolling Hills 1332 Birch View Drive Maplewood MN 55119 Frank Goddfrey Rolling Hills 2642 Angela Court Maplewood MN 55119 William Guerin Rolling Hills 1342 Pine Tree Drive Maplewood MN 55119 Diane Hakes Rolling Hills 1389 Rolling Hills Drive Maplewood MN 55119 Sonnia Hess Rolling Hills 1324 Pine Tree Drive Maplewood MN 55119 Melvin Johnson Rolling Hills 1392 Pine Tree Drive Maplewood MN 55119 Marjorie Krull Rolling Hills 2696 Mickey Lane Maplewood MN 55119 Wanda Leiner Rolling Hills 2624 Mickey Lane Maplewood MN 55119 Bert Logsdon Rolling Hills 1346 Pearson Drive Maplewood MN 55119 Jim Norring Rolling Hills 1380 Pine Tree Drive Maplewood MN 55119 Kathy Paulson Rolling Hills 1344 Birchview Drive Maplewood MN 55119 Jessica Reardon Rolling Hills 1349 Pearson Drive Maplewood MN 55119 Eva Snaza Rolling Hills 2630 Oak Hill Court Maplewood MN 55119 Nick Hanson Rolling Hills 1321 Birchview Drive Maplewood MN 55119 Donna Hickey Rolling Hills 2648 Mickey Lane Maplewood MN 55119 Sam Keenan Rolling Hills 2646 Angela Court Maplewood MN 55119 Patricia Lakman Rolling Hills 1356 Birchview Drive Maplewood MN 55119 Andrea Lewis Rolling Hills 2625 Mickey Lane Maplewood MN 55119 Colleen Murphy Rolling Hills 1335 Pine Tree Drive Maplewood MN 55119 Matt Olson Rolling Hills 2632 Benlana Court Maplewood MN 55119 Jean Pearson Rolling Hills 1339 Pine Tree Drive Maplewood MN 55119 Arthur Roy Rolling Hills 1372 Rolling Hills Drive Maplewood MN 55119 Terry Sokol Rolling Hills 2637 Benlana Court Maplewood MN 55119 20 Cindy Herrick Rolling Hills 2636 Mickey Lane Maplewood MN 55119 Wayne Hogstad Rolling Hills 1336 Birch View Drive Maplewood MN 55119 Chris Klein Rolling Hills 1357 Pearson Drive Maplewood MN 55119 Harold Larson Rolling Hills 2652 Mickey Lane Maplewood MN 55119 Wesley Lodge Rolling Hills 1352 Birchview Drive Maplewood MN 55119 Phyllis Nereson Rolling Hills 1331 Pine Tree Drive Maplewood MN 55119 Robert Olson Rolling Hills 2621 Mickey Lane Maplewood MN 55119 Richard Pearson Rolling Hills 1109 Crestview Drive Hudson WI 54016 Dave Seidel Rolling Hills 1369 Rolling Hills Drive Maplewood MN 55119 William Stangl Rolling Hills 2634 Oak Hill Court Maplewood MN 55119 William Thaluber Rolling Hills 1339 Rolling Hills Drive Maplewood MN 55119 J. Vasquez Rolling Hills 1350 Pearson Drive Maplewood MN 55119 Colette Votel Rolling Hills 1396 Rolling Hills Drive Maplewood MN 55119 Eldridge Wanlesi Rolling Hills 2635 Oak Hill Court Maplewood MN 55119 Jackie Wanned Rolling Hills 2647 Angela Court Maplewood MN 55119 Barbara West Rolling Hills 2626 Oak Hill Court Maplewood MN 55119 Ronald Zemke Rolling Hills 1398 Birchview Drive Maplewood MN 55119 Rolling Hills Mobile Home Park 1319 Rolling Hills Drive Maplewood MN 55119 Dear City Council Members and Mayor Robert Cardinal, I am a resident of St. Paul Tourist Cabins Manufactured Home Park in Maplewood. We, residents of manufactured home parks, make up nearly 900 households in Maplewood. I am sending this post card to request that the City Council pass the proposed Park Closing Ordinance. Passing the ordinance at the meeting on February 25th would help protect and preserve these existing units of affordable housing in Maplewood, as well as give a sense of security and stability to nearly 900 Maplewood families. Thirteen other cities in Minnesota, including Oakdale, have passed this important ordinance, in doing so protecting Iow-income families from displacement. By passing this ordinance, Maplewood would further its commitment to preserving affordable housing and serving its Iow to moderate-income residents. Thank you for your consideration. Madge Asp St. Paul Tourist Cabins 967 Frost Avenue Maplewood MN 55109 Robert Bland St. Paul Tourist Cabins 963 Frost Avenue Maplewood MN 55109 James Devanez St. Paul Tourist Cabins 954 Frost Avenue Maplewood MN 55109 Alphonso France St. Paul Tourist Cabins 943 Frost Avenue Maplewood MN 55109 Robert Hollingsworth St. Paul Tourist Cabins 986 Frost Avenue Maplewood MN 55109 Harry Lebo St. Paul Tourist Cabins 983 Frost Avenue Maplewood MN 55109 Duane Lonecor St. Paul Tourist Cabins 944 Frost Avenue Maplewood MN 55109 Richard Moore St. Paul Tourist Cabins 957 Frost Avenue Maplewood MN 55109 Inez Schuchard St. Paul Tourist Cabins 965 Frost Avenue Maplewood MN 55109 Jeff Swanberg St. Paul Tourist Cabins 969 Frost Avenue Maplewood MN 55109 Sam Webb St. Paul Tourist Cabins 961 Frost Avenue Maplewood MN 55109 Steve Weib St. Paul Tourist Cabins 952 Frost Avenue Maplewood MN 55109 St. Paul Trailer Park 940 Frost Avenue Maplewood MN 55109 Tracy Thomas St. Paul Trailer Park CIO PLJ, INC. 2501 Lowry Avenue NE St. Anthony MN 55418 22 Dear City Council Members and Mayor Robert Cardinal, I am a resident of Town & Country Manufactured Home Park in Maplewood. We, residents of manufactured home parks, make up nearly 900 households in Maplewood. I am sending this post card to request that the City Council pass the proposed Park Closing Ordinance. Passing the ordinance at the meeting on February 25th would help protect and preserve these existing units of affordable housing in Maplewood, as well as give a sense of security and stability to nearly 900 Maplewood families. Thirteen other cities in Minnesota, including Oakdale, have passed this important ordinance, in doing so protecting Iow-income families from displacement. By passing this ordinance, Maplewood would further its commitment to preserving affordable housing and serving its Iow to moderate- income residents. Thank you for your consideration. William Bailey Town & Country 1055 Deauville Drive Maplewood MN 55109 Kenneth Bennett Town & Country 1100 Atvarado Drive Maplewood MN 55109 Orvis Bixby Town & Country 1044 Bellecrest Drive Maplewood MN 55109 Aimee Evanson Town & Country 1059-Deauville Drive Maplewood MN 55109 William Gilbert Town & Country 1046 Deauville Drive Maplewood MN 55109 Linda Harmeling Town & Country 2565 Plaza Circle Maplewood MN 55109 Donna MacRunnel Town & Country 1040 Deauville Drive Maplewood MN 55109 Pearl Pitlick Town & Country 2581 Plaza Circle Maplewood MN 55109 Richard Buckley Town & Country 1058 Alvarado Drive Maplewood MN 55109 Joyce Fernette Town & Country 1048 Bellecrest Drive Maplewood MN 55109 Robert Grillickson Town & Country 1050 Deauville Drive Maplewood MN 55109 D. Hermann Town & Country 1063 Bellecrest Drive Maplewood MN 55109 Pat Nau/JV Properties Town & Country 2557 Highway 61 Maplewood MN 55109 Rebecca Potthoff Town & Country 1096 Alvarado Drive Maplewood MN 55109 Roger Erickson Town & Country 2563 Plaza Circle Maplewood MN 55109 Rogert Fritz Town & Country 1059 Bellecrest Drive Maplewood MN 55109 Donna Gutwiler Town & Country 1066 Bellecrest Drive Maplewood MN 55109 David Huot Town & Country 1046 Bellecrest Drive Maplewood MN 55109 T.V. Nordstrom Town & Country 1036 Bellecrest Drive Maplewood MN 55109 Sandy Private Town & Country 1050 Alvarado Drive Maplewood MN 55109 23 Geraldine Pullen Town & Country 1065 Bellecrest Drive Maplewood MN 55109 Charlene Stansbury Town & Country 2568 Plaza Circle Maplewood MN 55109 Betty Verdick Town & Country 1042 Bellecrest Drive Maplewood MN 55109 Ronald Richardson Town & Country 1050 Bellecrest Drive Maplewood MN 55109 Ron Strong Town & Country 2565 Plaza Circle Maplewood MN 55109 Joanne Wagner Town & Country 1061 Bellecrest Drive Maplewood MN 55109 Tammie Schweiker Town & Country 1062 Alvarado Drive Maplewood MN 55109 Paul Vankirk Town & Country 2573 Plaza Circle Maplewood MN 55109 Carol Whaley Town & Country 2562 Plaza Circle Maplewood MN 55109 Beverly Winston Town & Country 1056 Alvarado Drive Maplewood MN 55109 24 St. Paul Cabins 2501 Lowry Avenue NE St. AnthOny, MN 55418 612-781-3149 FYI Attachment 5 Maplewood City Council Maplewood City Hall 1830 County Road B East Maplewood, MN 55109 March 11, 2002 Dear Mayor Robert Cardinal and City Council Members: I am writing in regards to the city council meeting held Monday, February 25, 2002. I attended the meeting to hear all of the comments and concerns regarding the Manufactured Home Park Closing Ordinance Discussion. 'I represent the owners of St. Paul 'Cabins Manufactured Home Community. I received information about the meeting from a letter sent by the City of Maplewood. I am happy to hear that staff is directed-to research and gather information to make an informed decision about whether a park closing ordinance is appropriate for the City of Maplewood. · Just last year I worked with the City of Fridley on the wording of a park-closing ordinance. I have attached that ordinance for your review. When taking on such a large task, there is no way to satisfy the residents, the owners or even all city officials. Despite some wording I'd like changed in the City of Fridley ordinance, I believe the staff did a terrific job of diplomatically listening to all the party's viewpoints and coming to a fair compromise. Also enclosed please find the City of Shakopee park-closing ordinance. I represent the owners of a Manufactured Home Community in Shakopee as well. Many of the owners worked with the City of Shakopee officials to word the ordinance currently in effect. I believe this particular ordinance has the most flexibility for possible future city ~development of the property Manufactured Home Communities are on. In closing I'd like to offer any support or assistance I can. I'd appreciate the opportunity to work with staff on the wording of a park-closing ordinance if you decide to proceed. Thank you fOr your time. Sincerely, Agent 25 FRIDLEY CITY CODE CHAPTER 223. MANUFACTURED HOME PARK CLOSINGS ('R~f Ord I 1~1) 223.01. PURPOSE In .view of the peculiar nature and problems presented by thc closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The propose of this ordinance is to require park owners to pay displaced residents reasonable relocation costs and purchasers ofmauufactured home parks to pay additional compensation, pursuan! to the authority granted nnder Minnesota Statutes, Section 327C.095. 223.02. DEFINITIONS The following words and terms when used in this ordinance shall have the following meanings unless the context clearly indicates otherwise: 1. Closure Statement. A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a twenty-five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. 2. Displaced Owner. A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the Citys Planning Commission. 3. Displaced Resident. A displaced owner. 4. Lot Al1 area within a manufactured home park, designed and used for the accommodation of a manufactured home. 26 Fridley City Code Chapter 22~ Section 223.02,10.A. 5. Manufactured Home. A structure, not affixed to or part of real estate, transportable in one of more sections, which in the traveling mode, is eight (8) feet or more ia width or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. 6. Park Closure. A closure, conversion of use, or termination of tree, whether in whole or in part, ora manufactured home park. For purposes of this definition, usc shall mean any usc related to the manufactured home park and related services. 7. Park Owner. The owner of a manufactured home park. 8. Person. Any individual, corporation, firm; partnership, incorporated and unincorporated association or any other legal or commercial entity. 9. Purchaser. The person buying the manufactured home park from the park owner. In the event that fhe park owner intends to retain ownership and convert the park to a different use, all references to the purchaser refer to the park owner. 10. Rclocation Cost. Oll~natey mat ts being closect or converted to another use to another manufactured home park within a twenty-five (25) mile radius of the park as follows: A. Preparation for Move. Thc reasonable costs incurred to prepare thc ehgible manufactured home for transportation to another site. This category includes crane services if needed, but not the cost of wheel axles, tires, frame welding or trailer hitches. 27 Section 223.04 B. Transportation to Another Site. Reasonable costs ~wcc~..ed~O_ ,t~,,spo~ the ~H~/bl_c mauufactured home and personal' property within a y-xtvc tz:) roue rantus. This category a/so includes the cost of insuring the manufactured home and contents while' the home is in the process of being relocated, and thc cost of obtaining moving permits provided that the park owner shall not be required to pay delinquent taxes on a manufaCtured home if necessary in. order to obtain a moving permit. This category also includes the reasonable cost of disassembling, moving, and reasstmabling she. ds and any attached appurtenances, such as porches, steps, decks, skirting, air conditioner units and awnings, wh/ch were acquired before the notice of closure or conversion of the park. Hook-up at New Location.' The reasonable cost of connecting the eligible manufactured home to utilities at thc relocation site, including crane services if needed. The park owner shall not be required to upgrade the electrical or plumbing systems of thc manufactured home. D. Insurance. The cost of insurance for thc replaCement value of the property being moved. Relooation costs do not include the Cost of any repairs or modifications to the manu-factured home needed to bring the home into compliance with the state and federal manufactured home building standards for the year in which the home was constructed. Relocation costs also do not include the cost of any repairs or modifications to the home or appurteaances needed to bring the home or appurtenances into compliance with the rules and regulations of the manufactured home park to which the manufactured home is to be relocated, if those rules and regulations are no more stringent than the rules and regulations of thc park in which the home is located and the resident was notified ofnon-complianoe with the rules and regulations of the park in which it is located within sixty (60) days prior to delivery of the closure statement. 223.03. PARK CLOSURE NOTICE ff a manufactured home park is to be closed, converted in whole or part to another use or terminated as a usc of the property, the park owner shall, at least nine (9) months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning Commission. 223.04. NOTICE OF PUBLIC HEARING The City's Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. Thc City shall m~l a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating 28 Fridlc~ City Code Chapter 223 Section 223.07.4 the time, place and purpose of the heating. The park owner shall provide the City with a list of the names and addresses of at least one displaced resident of each manufactured home in the park at the time the closure statement is submitted to the City's Planning Commission. 223.05. PUBLIC HEARING A public hearing shall be held before the City Council at~er.receipt of the closure statement for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. . 223.06. DISPLACED RESIDENT OBLIGATIONS A~ a condition of receiving assistance under this Chapter, a displaced resident shall submit a contract or other verified cost estimate ofrelocahon costs to the park owner for approval. If the park owner refuses ,to pay the contract or other verified cost estimate, thc park o _wrier must arrange for relocating the manufactured home and pay the actual relocation costs incurred. In the alternative, the displaced resident may submit a written statement to the park owner, identifying that the displaced resident either cannot or chooses n°t to relocate his or her manufactured home to another manufactured home park within a twenty-five (25) mile radius of the park to be closed and elects to receive either relocation assistance as defined in 223.07.02 or compensation as defined in 223.08. 223.07. ELECTION TO RELOCATE 1. A_f~er service of the closure stat,merit by the park owner and upon submittal by the displaced resident cfa contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable costs as defined in 223.02.10 of relocating the manufactured home to another manufactured home park located within a twenty-five (25) mile radius of thc park that is being closed, converted to another use, or ceasing operation. ~_If~.a ~c..ed r?den, t. carm__o? or ch. oose.s not to relocate the manufactured home within a · ~[y-nv, t,~) rmie ramus of the park whmh is being closed, and the displaced resident elects to retain title to the manufactured home, the displaced resident is entitled to relocation costs as defined in 223.02 based upon an average of the actual relocation costs paid to other displaced residents in the manufactured home park. );or purposes of this section, in the event that it is not possible to calculate the average using this formula, the amount of compensation shall be based on the average of the estimated relocation costs submitted by other residents in the park. 3. 3. displaced resident compensated under this section shall retain title to the manufactured home and shall be respons~le for its prompt removal from the manufactured home park. 4. The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. 29 Ffidley Cit~ Code Chapt~ 223 Section223.11 5. The displaced resident must submit a contract or other verified cost estimate for .relocating the manufactured home to the park owner as a condition to the park owner's liability to pay relocation expenses. 223.08. ELECTION TO RECEI~E COMPENSATION Ifa displaced resident chooses not to relocate thc manufactured home within a twenty five (25)- mile radius oft]ac park that is being closed and tenders title of the manufactured home to the park owner, the displaced resident is entitled to compensation, to be paid by the purchaser of the park in order to mitigate the adverse financial impact of thc park'closing. In such instance, the compensation shall be an amount equal to: 1. The current fair market value of the manufactured home as determined by a real property appraiser licensed by the State of Minnesota, or 2. If no appraisal exists, the current assessed value for tax purposes of the manufactured home as established by Anoka County. Under 223.08.01, the appraisal may be provided by either the displaced resident, the park owner or the purchaser. Any disputes over Valuation shall be resolved through judicial action in Anoka County District Court. Thc purchaser shall pay such compensation into an escrow account, st~Iished by ~e park owner, .for distribution upon transfer of title to the manufactured home. ucn cornpensaUon shall be paid to the displaced resident sixty (60) days prior to closing of the park, conversion to another use, or later at resident option and the park owner shall receive title and possession of the manufactured home upon payment of such compensation. 223.09. LIMITATION ON TOTAL AMOUNT OF RELOCATION ASSISTANCE ANI) COMPENSATION PAID TO DISPLACED RESIDENTS The total amount of relocation assistance and compensation paid to displaced residents of the manufactured home park, shall not exceed the greater of twenty percent (20%) of the County Assessor's estimated market value of the manufactured home park, as determined by the County Assessor for the year in which the park is scheduled to close, or twenty percent (20%) of the purchase price of the park. 223.10. APPLICABILITY Relocation assistance aad related compensation described under 223.02, 223.07 and 223.08 of this ordinance shall not apply in the event that a displaced resident receives compensation under the Uniform Relocation Act et. al. (42 U.S.C. 4601-4655). 223.11. PENALTIES 1. Violation of any provision of this ordinance shall be a misdemeanor. 30 Section 223. I I 2. Any provisions of this ord/nance may be Chromed by injunction or other appropriate civil remedy. 3. The City sha~I not issue a building perrrht in conjunction with reuse of manufactured home park property unless the park owner has p~id rcasormble location costs and the purchaser of the park has provided compensation in accordance with the requirements of the ordiuance. Approval of any application for rezoning, platting, cond/tional usc permit, planned unit development or variance in conjunction with a park closing or conversion.shall be conditiona/on cornplimace w/th the requircrnents of this ordinance. . 31 TOTAL P.07 ORDINANCE NO. 5~3~ AND ADDEqG SECTION 4.61 TO THE CITY CODE TH~ CITY COUNCIL OF TIlE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: ~ - The Shakopee City Code is ~ded by adding a new section ~o read: ~N4.6 p S s, e~t fthe~ ~ ~o he auth n · ' u cl indi ~es 'se: dr in he vail iii i fin ot tis] co o ate I ent u' ' ' 25 'e 'us of hat i closin and relocation as the ho Dis laced sid t- resid t of o er man ho w re~ a t h me inc d' 'v ~ f r~s' ent' hou f t arkownet b 'ts Io ement th i 'sP ' o 'ssi n. - ar within r ho dm or th~ m~_.~, .~ur~ hon~. D M~ Ho e- st ctu no to of t ieino ._=_' re io hich in the ' is g or e' wi h or 40 mo_ m e~ or h er on site is 320 or mo an w'his ilt n& erin ' d i ~o · ed a weI~ ' or wk a -i~ n fi · u me ark- ' lot fidd fl w' two r · red ho ! hether e r ti rio ind es $ J'T-- 159l~2 SBZS~-23 32 APR 0 3 2002 the ma~i~.~u~ed home ~4c. This dcfir~ition does not incb_,de f~li~ie~ which are o_~n only duri~ _thr~e or f~ver __~Om of the F. park Owner - The owner of a m~,,._~_~,_rcd home park ~d anv p~rson lictin~ on behalf of the ~-wner in th~ operation or mana~emept of a ~ G. ~P~on - A~ indivi_d-~l_ co_r~osafion. ~ partner~.hip, incorporated or unin~ted ,~.~o_~a6on or any_ other legal or commercial entity_. _Subd. 3. NOTICE OF CLO$12qG. If ~ m~-~-- home ~srk is to I~ c, lo~_,a,~4_ converted in whole or part to another us~ or t~a,~ ~s a u~e of the _pm_z~rty. t~e Dark ow~' sh_~ll_ st le~t ~ montK. prior to the closure, co~-,,~-slon to ~,-~other u~ or termination of use. _~r~vid~ a cogy of' a clot~., ~_~ ~,~__mt to a r~ident ot'~¢h m~nut~.~ed b0me and to the City's Planning Co~,~-r~sion. ~ul~l. 4. TAX 1~1~ FINANCING. At any time prior to or ~ deliven/of the Notice~f Closing to the Plmmin8 Commission- but prior to the Publi~ Hearin,, se~ forth in Subd. 6. the ~ owner or prospo~iv¢ ~x~rch~er of the _~k may make ~spplic~tion to the City for the use of in~.-~c, iem financ~8_ to finane~ the cost ofreloeat_ia8 ~md ~rcl~ing the displae_~ m~-f~tvred hom~. any incidental costs ~iated ~rewith. and ~nv od~ devcJnpm~nt ~e~se tlmt the Ci~ al;,?ro_ofi~-~-¢ or eli~ble for such ~ad~z. The City_ in Rs sole and ~limit~ ~___~-~tion may d~ whether tax haer~ent fi~ncin_~ should be ,~__~1_ for such ?a _r~oseS. If the City detenig~e~ ihat inc~e~xgnt f~mcing should not be ~Sed for such mrposes, the park owner ~ elect tO r~.--h-~l Notice of Closure ~d r¢_~,me operation of' the m~,~_~ r~ home park_ provided; hgwever. pofie.~ of any su~:h re.-~-'-s~on shall be given to lyark r~sidents uo lat~ than 90 d~vs #ter the .Nofi .ce of Closure has been riven. Subd. 5. NOTICE OF PUBLIC H~ARI~G. The Planning Commission .shall submit the closure ~_a~_~,~t to the City. Cou,cll md request the City_ C_~,~41 to schedule ~. ~_,bli¢ h,,*rinz The C~ ~,~. mail a nofic~ ~t least ten days prior to the ~ublic he*_,ing to a resident of :~.~-h .m~-'gured home in piu-k ~tlalz the time. _~l~_ee lind pu _rpose or,be ~_ea, i~_~ The park owr~r s_h_~!! _~rovide the City_ with ti~ of the names ~nd add~es~s of at lea.st one r~L_,d,~.. Of e~_¢h m~u __C-~'~mred home in the park at time th~ closure ~:~_tement is submitted to the Plannin~ Commlssion~ Subd .6, PUBLIC HEAR~G. A public hearing ~ be held befor~ ~e City_ Council within 90 da_w afcer [o:~_-ipt ofthe Notice of Ciosin~ for the pu _rpose of reviewin_~ the ciogJre statement and evaludi~,~ ~ imga~t that the pm'k c!~sin~ may have on di_~l~c_~ residents ~d the park owner. Fulfil. 7, PA~ OF RELOCATION COSTS. A. Afl~er ~ecvice ofth~ closure statem~t by_ the park owner 8~d completion of~he public hearin~ and upon 9~hir, ln~! _by the disp!~t-_~l_ resident ors contract or other veriflc~_!'__~l 9f relocatign exp_ en~ the i~k owns' dutil pay ~9 the di_~l~e--ed resident fl~ r~t~o~!e cost Of r~loc~tin_~ the ma~ufacture~ hom~ to .another manufa~tur~ home _~ark located ~ a ~S ndle radi~s of the park ~ is I~int vlose~± converted to a~ther -,.,, or ce*~in_~ o~afio~. Rel_n¢~_t_ion costs mu~t he _mild not less than 9~_ days prior to ~he clos'mg of the pm'k or its conversion go an~?ther u~. R,-~,,o_~ble.reloc~ion .costs JJ'T-I $9B42 2 I ' ' mo' di i t's ~ r · ' the nab f ' ' . ~ ~ ' w' ir afternofi of re r ' n ,~m'~iw''hoe_k-up'' char~_es. (2) The co~ of h-~m~ce for the f~ol~c_.,~nent vn~e of the _ _mopertv being movecL e le ' r · ' or . . m the ed me m it exi ' to . · ' 'O!1 n~.m~ _~ed home _oad~ B. .rio co n t' iud a ts aid nbc of i I id b o ero ur hase r theo ero t~ ho tow' ' I ' C. The total amount of reio,~:~:on _oa~,~,ts paid to a dl._~!~c_-~_ resident shall not ex__eee~_ the · et ho determ/ned'- ub 'on Aoft' Se~-~on. Subd, 8. PAYMENT OF ADDITIONAL COMpENSATION. A. If a resident oannot or chooses not to relocate the manuPd-~--~red home within a 25 mile radius of.the Dark tb~t is bcin_e do=_-e~i due to a ~'u-o~ralor a_~¢ limitation ofh%e mnn-~- ..ttl~'~ed, ~-~o,--~ or t.~. .1,~-k of an_v available lot.soMe within the 25 mile radius, then ~n lieu of the above rdo,:ar_;on va_wr~,-~t- .. di.~l:,,-,,a resident is ei:~:_!_,~d_ to tev4_-r_ the title to the numu___faOu_ red howe and be paid an amount to the _*~_~_~_--.-=:-~/na,-ket .value .of the ir~;~f~ep._~ted home as a_~-i,-dned by an ind~,.,--,dent knowl_e4?.~hle in the w..I-nti-n of manu~_,_fe~ hoi~¢~ and RivinR due cor~du%~,on to the vR!ue a~_ condition of the home. The City shall ~L_-~_-_ the afraraiser an~ the~_~_ tn~=,=,a~er shall vav for the c~-_' - - -' n G'~i ftifle ot~ of the ' · u or k o ** ch r,o on -- -'- · · - ' ] ' later 'rto me. Such co en ~aon md -,~ di ~.]n~ina af the oark or its convv~orr to aaob%~ use. and the vark owner shall _receive title and ~'~s~ion of the man-+'~_~,~. ~ted home up_on payment of such com_o~n:~u~On. B. If a di_=?!n-c-~l- iCs~--'~t cannot or choo~ not tO reloc_~_te the qmnufactured home within ~ ra_d_i__us of the _hark thnt is ~i'~ closed a,- to a structural 'or nae ',;,¥.::_al;on of'he home. and ',he xr.:~d~_en_ t ~--~.~ not to ~ender 1/tie to the ma~fnctured home. the re~den! is =iuiled !.'_: relc,,-:,~_;or, costs eouat to an avera_~e of relo._~,~ cost~ oaid to other re~c~_ ts in the ?/u-k. P~t~-it o_1' the av~a~_e re|o?~,on cosls _~_hnll be made as follows: $~)% within 10 cla~ of ap_o§,_~_~on for b% and $0% u~n the ~e~qd of ~e fr~,~t,,'f-,~,~ home and --.."v ~,.~,~.-e~ and ~l~b~,s '--o,,-~ man, Fn_t~_~.home _o~k P&~c/~t for doublewkie manufactm~J homes shall be in an amount ec~_ ,_aJ~l tc ~ice the averane reloca~.nn c~_~s p~_d to ow1~rs of s!~?lewide ~,~,~_~.,.-oJ JJT-13~42 34 _su~_ 9. CAP ON pAYMENT.~. tax' ' isu tstm e a of emi ~'o co or ~hc e~_~s~_,~-d value of thc oerk. whichever is _~'eatet · ' is o or' such financin is r~ot ttlci t th . th fo win t · rh 'ce · arkor eof · P~.-k Qv,~er City_ portion ClfNeededl 9 o0o 2o% 600 699 9 i ' ortionshall e 'd ifthe o mr u' rob idb he arkowner' ' ' o ac ~ resi t t al t ired b '~i n~7 d8 ff · tal u duc to displ~_c~ ccsidewts occeeds the abgve pere~iages, oayment$ to displ~e~,~_ residents will be mad~ ~ a pro r~ta bas~. The purchase ofice of thc park .inc!ud~ea a)l considcratign rer~ivecl by the park owner including ~t not li~qited to e~=h,, buyer's forl~v~-~a of seller's i~___d~_.~, ~iens. mori?~_es or ~___r,c~ibcanc_~ p~d_ by buyer on seli~'s~b__alf or sp_~5'~l a~_~_~ paid or assessed by_ buyer. I. Ypcm ~requcst by th~ Ci~. ~e park owner and ourch~mer shall provide the CiW with a c~cn_~]~¢ and doo~nentation of thc sale _orior to the _oublic hearin~,~. D. Nothing in this ~on is i~ended to orevent the City or the oark o~er from obtaining ~ononaic .~!~,ice in ~tidilion tO tax ½ncrein~nt ~u-uincine from any _zovo mT~--ntal ,a~i-V to payment of amounts due to disvlaced residents. Subd. 10. YEii.IFICATION OF COSTS. The displac~ r~sident m,.__,st submit a COntract or other ~--~ed cost __-~ale for reloca,'-.qe the rnaou~_~_,z'd hom~ to the oark owr~er for ~ondition to the park owner's ~j~ilitv to ~av relo,~ion expense, lfth~ uark owner ia'uses to ¢.o,~b-act or other v~ff, ed costs cslhv, ate. ~ park 9wno' shall amm~ fo-r reloc~_,Sn_z the ir.~aufactu~l home and pay the reloc_~_fon costs ide0fificd in Subd. 7. Subd. 10. PENALTY. Any provision of this Section may be enforced by injunO._j.nn or other appro_vriate civil remedy. ffF.1~9842 4 APR 0 3 ZOt Z 35 Adopted in ~ session of the City Council of the City of Shakopee, Minne~ta~ held the.~ da~_~tmo Mayor of the City of Shaimpee ATTKST: Oerk / ,r, rT-I s~842 5 36 Attachment 6 Maplewood Manufactured Home Parks Town and Country. 2557 Highway 61 St. Paul Tourist 940 Frost Avenue Man. Home Park 1880 English St. N. Rolling Hills 1319 Hills Drive Beaver Lake 2425 Maryland Avenue Manufactured Home Parks 37 TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner City Tour May 28, 2002 INTRODUCTION The Planning Commission should start planning their annual tour of the city. DISCUSSION The first matter the commission should decide is the date of the tour. Typically, the planning commission holds the tour.from 5:30 - 8:30 on an evening in mid-summer. In reviewing the calendar and the meeting schedule of the commission, council and CDRB, I suggest that Monday, July 29 would be a good date for this years tour. Secondly, the commission should decide about the format of the tour. In recent years we have driven by many sites with little time for comment or discussion at those locations. After last years tour, several of the commission members suggested that having fewer sites while allowing more time at those sites would be more useful. (See the attached August 6, 2001, and September 4, 2001, PC minutes for reference.) Please review these minutes and be ready to discuss your preferences for this years tour. Another matter for the commission to consider is what other groups to invite on the tour. To keep the tour more focused and relevant to planning considerations, staff suggests that we invite the city council, the CDRB and the HRA to join the PC on this years tour. Finally, the commission should let staff know of any sites they want to include on the tour. We usually try to visit sites that we know have upcoming proposals, where construction has started or where the contractor recently finished the site work. Examples for this year include the Hillcrest Village area, the Hajicek property on County Road D and possibly a manufactured home park. kr/memo/pctour.doc Attachments: 1. August 6, 2001 PC minutes 2. September 4, 2001 PC minutes Planning Commission Minutes 8-6-2001 -8- Attachment 1 Chairperson Fischer wanted to make sure that when officials are going out to check complaints that they check to see that vehicles are not too close to properties. Chairperson Fischer reminded the commission that Tuesday, August.7, 2001 was Maplewood Night Out. IX. STAFF PRESENTATIONS · a. Annual Tour Follow-up Mr. Roberts asked membem if they are getting bored with the tour because the attendance was not very good. Chairperson Fischer mentioned if they do the city tour again they need to get a quieter bus with a working microphone. Mr. Roberts replied that they. were required to get a bus with a lift on it and were told it had a microphone. Unfortunately the microphone was for the driver only. Commissioner Trippler said it was so loud he could no~ hear any speakers because people were being so loud talking amongst themselves and the bus itself was so noisy. Members mentioned to Mr. Roberts that maybe it would be nice in the future to tour other cities that may have something that the city of Maplewood could profit from and see how that would relate to what Maplewood could do with their city. Members stated that they see the city of Maplewood when they drive around on ~their own and would be interested in seeing cities they don't see everyday like Shoreview or Stillwater. Mr. Roberts asked Chairperson Fischer if the consensus was to continue the 'city tours or not or did they want to discuss that amongst themselves. Chairperson Fischer stated that several members were missing from the meeting and we should address it again at the next meeting to get an answer on that. Commissioner Tfippler stated he thought they could discuss that subject during a light agenda night. A couple of meetings were cancelled and he thought they had asked for an opportunity in some chamber setting for a chance to discuss educational things or items that people had been thinking about. Mr. Roberts asked if it should be tabled and members replied yes. b. Rescheduling of September 3, 2001 meeting Mr. Roberts asked members if they could reschedule the Monday,. September 3, 2001 Planning Commission meeting because of Labor Day. The consensus of the members present was to reschedule the meeting to Tuesday, September 4, 2001. ' ADJOURNMENT Chairperson Fischer adjourned the meeting at 8:18 p.m. 2 Attachment 2 Planning Commission Minutes of 09-04-01 -9- am Tour Follow-up Mr. Roberts was inquiring about the tour and asked if members want to do anything different with the annual tour.. Commissioner Rossbach would like to have fewer sites and longer stops at the sites to discuss or formulate questions. I,q previous tours it seemed to be a hurried site seeing tour. There is not much discussion happening except amongst themselves. The tours are good, having an opportunity to bring the different commissions, and council members together to' have some discussion about what is going on in the city. To him the best part of the tour is the picnic. Commissioner Frost said he thinks the tour is too much for everyone that attends the tour. He would like to have the tour with only a few groups of people. For instance, having a tour with the Planning Commission and the Community Design Review Board since certain sites affect both commissions. Let the other groups go on tours separately. Fewer sites would be better also. Mr. Roberts stated that part of the reason all of the groups have been going together on these tours, is this is a chance for members to meet various other commission members. About the only other time people can do this, is at the annual city appreciation dinner. Otherwise, your paths probably don't cross. Mr. Roberts asked if it is the consensus of tl~e Planning Commission that we should still do some type of a tour?. Commissioner Ahlness said he definitely thinks the tour is valuable. As a new commissioner it provides a good broad prospective of what is going on. You also hear from the more experienced members about what the thinking was that went into some of the decisions that were made. Or how it fits in with the grand scheme of things. For instance, next year we could tour the Schlomka Landscaping. We could let the local residents and the business owner know when are stopping by there, maybe they will want to give some feedback to the commission about how things are working out, The most significant area we will face in the future is the Hillcrest Village Area. What is the closest thing within a reasonable distance from the City of Maplewood that looks like what we want? Go down to the Grand Avenue business district for instance, and see, is that what we have Planned for the future of the Hillcrest Village Area and then have a discussion on it. This may help us get our focus and understand by seeing something in person regarding what is or isn't good about this plan. As the development comes together over the years, we can help guide it through a common vision or a practical reality and see if works well for Maplewood. Commissioner Dierich agreed with both Mr. Ahlness and Mr. Rossbach with where they are going with this. She thinks fewer sites with more of an eye to examples 'of the kinds of problems that we are going to be seeing both in the future and the things we have already acted on in the past. It seems to her that the mission for city council and for Planning Commission is evolving from being more of meeting the ordinances so it is okay to build to more of a clear vision and where to go with it in the future. These tours would help clarify that thinking and get everybody on the same page with where they want to go with how to design the city in the future. Planning Commission Minutes of 09-04-01 -10- Mr. Roberts thanked everyone for their comments and he will compile the thoughts and put it in the tour file for planning next year's tour. X. ADJOURNMENT The meeting adjourned at 7:56 p.m. 4 MEMORANDUM TO: FROM: SUBJECT: DATE: Planning Commission Ken Roberts, Associate Planner April Retreat Follow-up June 6, 2002 INTRODUCTION The planning commission held a retreat/training session with city staff and Barb Strandell on Apdl 29, 2002. I have enclosed Barb's notes from this meeting. DISCUSSION Please review Barb's notes and suggestions for a more effective commission. The commission should discuss the notes and decide if they reflect what the participants said and if they are still applicable or are important to the commission. RECOMMENDATION Accept or adopt with revisions the suggestions from the April 29, 2002 planning commission training retreat. Attachment: Apd129, 2002 meeting notes p:miscellWpdl training followup.doc Attachment 1 Maplewood Planning Commission Retreat Notes (4/29/02) Commission & Staff Agendas In the process of reviewing applications and project, what guides your thinking? Or, what is your primary agenda? Or, what do you rely on to inform your decision-making? Jackie: pro landowner; follow the comprehensive plan; balance with what we do with the environment; site visits, consult with staff and residents. Gary: concerned that commercial does not overshadow neighborhoods; senior housing - PUDs and variance: public good; review comprehensive plan. Mary: tax basis - fall on the business side but need to balance what we need with what we want; density; environment: clean houses, yards parks; concerned about diversity - that we deal with it. Tom: compliance with codes; consider ramification of choices; balancing developers right to build with residents; input from other departments. Melinda: codes, plans, statutes; input from all stakeholders (Met Council, City Council, other departments) comprehensive review; all factors. Strive for a community that is inclusive of all people, incomes, lifecycle, etc. Ken: does this make sense; balance interests of applicants with city as a whole. Will: protecting existing residents of Maplewood from whatever is going to happen; residents are more important than businesses. Dale: How does it fit with what is going on around it? Does it conform to rules and regulations that I know of? Public comments. Lorraine: In the contest of constraints, how does it fit into plan? Protect the environment and responsible stewardship; affordable and diverse housing (minimize impact). Matt: How does it fit into what exists and what is planned? Aesthetics - the look; neighbors; first hand experience - visualize site; information from many sources; weigh the pros and cons. Roles and Relationships: Discussion was held regarding the role of the staff and the Planning commission Suggestions: Get vision and more direction from City Council Get questions to Council on big topics Have works sessions prior to meetings - for complicated applications More meetings with City Council o Having a clear agenda (since the last meeting was not very useful) o Make an effort to understand their position Training: o Priority: zoning, PUDs, variance, legal authorities. ( would be handled in one training session). o Have four in-service training sessions per year Minutes: significantly shorten minutes (some are as long as 40 pages); treat minutes like minutes instead of transcriptions. Will have a special meeting to discuss minutes. Minutes should also have more proof- reading. Sometimes poorly written- jump from 1st to 3rd person etc. Meetings: review of coming attractions; have other department representatives there if possible; provide more context and history to Commission (verbal). Communication: Commissioners will be more respectful towards staff and applicants. Staff and fellow commissioners will feel free to give commissioners feedback when they feel that comments are offensive or getting out of line. Chair: will make an effort to tighten up the meetings and commissioners will interject and help chair move things along if they feel that they are getting bogged down. Public: PC should make meetings less formal: o Will will get nametags and see to it that Commissioners greet the public before the meetings. o Citizens will be encouraged to write down their thoughts on a piece of paper prior to presenting (Staff will provide guidelines). o Groups will be encouraged to have a spokesperson present instead of each individual member of the group. (Lorraine) o Staff will provide refreshments when it looks like a difficult, long or a well attended meeting. o Commissioners are encouraged to interject when necessary. Additional actions: Provide better staff and new PC orientation. Provide code book and comp. plans to each new member. Change resident notice forms to give more information about projects including possible outcome if appropriate. Keep planning commissioners informed of training opportunities and consider having them attend other agency meetings when appropriate. Will agreed to clarify issues with Matt on Carver Ridge area zoning. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner PLANNING COMMISSION APPOINTMENT June 12, 2002 INTRODUCTION The planning commission has a vacancy created by the resignation of Eric Ahlness. I have attached a map of where the current planning commission members live, a map of where the candidates live and the candidate's applications. (See pages 2-8.) BACKGROUND The planning commission's rules of procedure state that the commission shall recommend candidates based on qualifications and a representative geographical distribution of members. RECOMMENDATION Interview the applicant's for the planning commission vacancy and then rank them as a recommendation to the city council. After the interviews, the city council should appoint a person to serve on the planning commission. This person would fill the unfinished term on the planning commission that would end on December 31, 2004. kr/p:misc/pcappt.02 Attachments: 1. Planning Commission Membership Map 2. Planning Commission Applicant's Location Map 3. Five Applications CITY OF MAPLEWOOD LEGEND i .I MAPLEWOOD PLANNING ~Lorraine B. Fischer, Chair 1812 Fumess Street Maplewood MN 55109 (~ale Trippler 1201 Junction Avenue Maplewood MN 55109-3433 ~aul Mueller 1820 Onacrest Court (~aplewood MN 55117 ary Diedch 2624 Promontory Place Maplewood MN 55119 Attachment 1 COMMISSION '° --latt" Ledvina .. _ 1173 Lakewood Dr S aplewood MN 55119 illiam Rossbach 1386 County Road C Maplewood, MN 55109 '~r~r~a ry Pearson 1209 Antelope Way __Maaplewood MN 55119 ckie Monahan-Junek 2430 Larpenteur Avenue E.=- Maplewood MN 55119 F- CITY OF MAPLEWOOD County of Romsey, bllnne$otCl LEGEND PLANNING COMMISSION APPLICANTS Richard Currie 1937 West Kenwood Drive Maplewood, MN 55117 Tushar Desai 2973 Edward Street Maplewood, MN 55109 Lisa Egstad 384 Laurie Road Maplewood, MN 55117 Brad Lagoon 1871 Barclay Street Maplewood, MN 55109 o Reginald Meissner 1955 Price Ave. Maplewood, MN 55109 Attachment 2 Attachment 3 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM ADDRESS /,~,~r~ K_~s~ /~'~ooJ~ '~. PHONE NO. work: ~5"1 - ~2.F-o ~ ¥? Home: ~ S'"'l - 7 7/- 7_. c~ v~ '7 DATE 1) 2) How long have you lived in the City of Maplewood? VVill other cor~mitments make regular attendance at meetings difficult? Yes __ Comments: 3) 4) On which Board or Commission are you interested in serving? (please check) __ ._ Community Design Review Board ~ Park & Recreation Commission ~ Housing & Redevelopment Authority ~ Planning Commission ~ Human Relations Commission ~ Police Civil Service Commission Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? 5) List other organizations or clubs in the Community in which you have been or are an active participant: 6) Why would you like to serve on this Board or Commission.9 ADDITIONAL COMMENTS: THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC. , ~.~ r,::' ,? ~,i; i ~::,~',:' NOV ! 3 200! NAME ADDRESS ;:;~_o[ '7 .,~ PHONE NO. Work: CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM Home: ~' t ECEIV£1 DATE ZIP ~' ~; //~ ~ 1) How long have you lived in the City of Maplew°od? 2) Will other commitments make regular attendance at meetings difficult? Comments: Yes No ~ 3) 4) On which Board or Commission are you interested in serving? (please check) __ Community Design Review Board __ Park & Recreation Commission __ Housing & Redevelopment Authority ~ Planning Commission Human Relations Commission __ Police Civil Service Commission Do you have an,,y specific areas of interest within this Board's or Commission's scope of responsibilities? 5) List other organizations or clubs in the Community in which you have been or are an active participant: 6) Why would you like to serve on this Board or .CommissLon? , ,q //) ADDITIONAL COMMENTS: THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC. FORMS\BRD&COMM.APL 5 0196 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM ADDRESS PHONE NO. Work: ,/.5"/ "~/~--33 ? · Horr~: ~.S'/- ;7 ~,¢. - EMAIL ,/¢..~,~,.S)",c~('~ ¢_..~ ~, ¢,¢.,~.~.f, C2~,~. FAX / ~ , 1) How long have you lived in the City of Maplewood? J--¢/ / 2) Will other commitments make regular attendance at meetings difficult? Yes No ~ Comments: On which Board or Commission are you interested in serving? (please check) A description of the duties of each committee is on back. Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority ~Planning Commission Human Relations Commission Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commisison's scope of responsibilities? LCt~~zat,ons or clubs ,n the Commun, ,n wh,ch ou have been 5) ' o~a~ .... ~' ' y orate an active participant: 6) Why would you like to serve on the Board or Commission? ADDITIONAL COMMENTS: THE INFORMATION CONTAINED IN THIS APPLICATION AND ANY ATTACHMENT PROVIDED ARE CONSIDERED PUBLIC INFORMATION. WORD/BRD&COMM 04/02 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME /~~ ADDRESS' ,/ PHONE NO. W~rk: ~ ~ :~TZ ~//7- ' Home: EMAIL FAX ZIP 5'~0~ 1) How long have you lived in the City of Maplewood? 2) Will other commitments make regular attendance at meetings difficult? Yes No J Comments: On which Board or Commission are you interested in serving? (please check) A description of the duties of each committee is on back. Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority ~ Planning Commission ~Human Relations Commission ,~ Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commisison's scope of responsibilities? ~ ~ ,~ 5) List other organizations or clubs in the Community in which you have been or are an active participant: ~)0/OC~ .. 6). Why would you like to serve on the Board or Commission? ADDITIONAL COMMENTS: . THE INFORMATION CONTAINED IN THIS APPLICATION AND ANY A TTACHMENT PROVIDED ARE CONSIDERED PUBLIC INFORMATION. WORD/BRD&COMM 04/02 CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM / ^//~./.-/~ NAME ADDRESS PHONE NO. Work: Home: EMAIL .~.. /14L::I.~'.~'~i~.--F)_ ~ ~D g~ FAX 1) How long have you lived in the City of Maplewood? ZIP .5',5"i dj q 2) Will other commitments make regular attendance at meetings difficult? Yes__ No .~" Comments: On which Board or Commission are you interested in serving? (please check) A description of the duties of each committee is on back. · Community Design Review Board Park & Recreation Commission __Housing & Redevelopment Authority ? Planning Commission ~Human Relations Commission Police Civil Service Commission 4) Do you have any specific areas of interest within this Board's or Commisison's scope of responsibilities? 5) 6) List other organizations or clubs in the Community in which you have been or are an active participant: Why would you like to serve on the Board or Commission? ! ADDITIONAL COMMENTS: THE INFORMATION CONTAINED IN THIS APPLICATION AND ANY A TTACHMENT PROVIDED ARE CONSIDERED PUBLIC INFORMATION. WORD/BRD&COMM 04/02 8