HomeMy WebLinkAbout05/21/2001BOOK
MAPLEWOOD PLANNING COMMISSION
Monday May 21, 2001, 7:00 PM
City Hall Council Chambers
1830 County Road B East
1. Call to Order
2. Roll Call
3. Approval of Agenda
Approval of Minutes
a. May 7, 2001
o
Public Hearings
None
o
New Business
a. The Gardens
1. Conditional use permit (CUP) for a planned unit development (PUD)
2. Preliminary plat
7. Visitor Presentations
o
Commission Presentations
a. May 14 Council Meeting: Mr. Pearson
b. May 29 Council Meeting: Mr. Frost
c. June 11 Council Meeting: Mr. ^hiness
9. Staff Presentations
10. 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.
o
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 7, 2001
II.
CALL TO ORDER
Chairperson Fischer called the meeting to order at 7:02 p.m.
ROLL CALL
Commissioner Lorraine Fischer
Commissioner Jack Frost
Commissioner Matt Ledvina
Commissioner Paul Mueller
Commissioner Gary Pearson
Commissioner William Rossbach
Commissioner Dale Trippler
Commissioner Eric Ahlness
Commissioner Mary Dierich
Staff Present:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Melinda Coleman, Assistant City Manager
Ken Roberts, Associate Planner
Chuck Ahl, City Engineer
Recording Secretary:
Lori Hansen
III.
APPROVAL OF AGENDA
Commissioner Frost moved approval of the agenda, as submitted.
Commissioner Pearson seconded. AYes-All
The motion passed.
IV. APPROVAL OF MINUTES
March 19, 2001
Commissioner Trippler amended the tower ordinance additions 2 and 3 to read:
2. Section 36-610, part b6, modify the section to add the words "equal to or". It will then read: if
the tower is equal to or more than one hundred feet in height, and if the tower is equal to or more
than seventy-five feet in height.
3. In the same section, "the maximum number" will replace "future rearrangement".
Commissioner Frost moved approval of the minutes as amended.
Commissioner Pearson seconded. Ayes-All
Motion carries.
Planning Commission
Minutes of May 7, 2001
-2-
Mo
PUBLIC HEARINGS
2002-2006 Maplewood Capital Improvement Plan (CIP)
Mr. Ken Roberts gave the staff report for the city. The Capital Improvement Plan is part of the
city's comprehensive plan. State law requires the planning commission review any changes to
the plan. Dan Faust, Maplewood Finance Director, had a video prepared showing some of the
highlights of the proposed plan. Staff is recommending approval of the CIP plan.
The video reviewed the various projects scheduled for various neighborhoods throughout the city
for the next five years. Many of the proposed capital improvements were a result of the city
council and management staff retreat on March 30th, 2001. They included:
1. To integrate new technologies into the way the city does its business.
A. Purchase of mobile digital communications for the fire and police department.
B. Installation of an 800-megahertz communications system for vehicles in all departments.
2. To better manage traffic at and around the Maplewood Mall.
A. Reconstruction of Hazelwood Street from County Road C to County Road D.
B. Reconstruction of County Road D from White Bear Avenue to Lydia Avenue.
C. Reconstruction of County Road D from Hazelwood Street to Highway 61.
3. Redevelop the city's deteriorating residential properties.
4. Redevelop the city's parks and trail system.
5. To address the changing expectations for and needs of the community center by
replacing the carpeting.
To develop a strong infrastructure of streets, storm sewers, and water systems, there are
23 public works improvement projects planned for the next five years in various
Maplewood neighborhoods.
There are 15 other projects that are not designated to particular neighborhoods that are included
in the CIP. They include:
1. The purchase of vacant and decapitated properties to prepare them for new housing.
2. A fire engine will be purchased to replace a 1979 apparatus.
3. Mobile data computers will be installed in fire vehicles to improve communications.
4. A 1984 pumper tanker will be replaced with a new tanker.
5. An additional fire engine will be purchased to replace a 1982 apparatus.
6. Parking lot work at fire stations will be completed to improve the existing pavement.
7. A new ambulance will be purchased to replace a 1994 ambulance.
8. The city will upgrade its communications network with the installation of an 800-megahertz
radio system.
9. A new training center for police officers will be built to result in better trained officers and better
ensure public safety.
Planning Commission
Minutes of May 7, 2001
-3-
10. Enhancements will be made to the squad mobile communications system.
11. Six new city staff cars will be purchased to replace cars that will be eight years old.
12. Two heavy duty trucks will be purchased to replace two trucks purchased in 1991.
13. A new street sweeper will be purchased in 2005 to replace a sweeper purchased in 1999.
14. Improvements will be made to several undesignated streets based upon the pavement
management program.
15. Two additional heavy duty trucks will be purchased to replace two trucks bought in 1991.
The total cost of all projects is $32,261,590 over the next five years. The city feels the CIP plan is
an excellent combination of maintenance and expansion projects to meet the needs of the citizens
of Maplewood.
Commissioner Frost was concerned there is only one project that addresses the open space that
the city purchased. Mr. Bruce Anderson, Director of Parks and Recreation, supported Mr. Frost's
position and stated as less and less development is generated in the city, fewer funds are
available for parks and recreation projects. Currently the city is about 90% developed.
Commissioner Frost was also hoping that since technology is changing drastically, the city will
consider purchasing a vacuum sweeper which will better protect the water quality, especially
around the lakes in the city of Maplewood. Mr. Ahl agreed, and confirmed they are absolutely
considering that option.
Commissioner Trippler stated the commission was presented with a report noting the number of
children playing ball has drastically reduced, and the number playing soccer had drastically
increased. The CIP has a number of irrigation improvements for ball fields, but not any
development on the soccer fields in the city. Mr. Anderson responded in saying the soccer fields
are already fully irrigated.
Commissioner Ahlness asked what the states plan (MnDOT) is for Highway 36. Mr. Ahl explained
MnDOT is very limited in their funding and therefore has identified "bottle necked" intersections
with English and Highway 36 being one of them. With the funding shortage, only 3 billion dollars
of the 10 billion need is available, therefore improvements are about 10 years out. Mr. Ahl also
explained the proposed Hazelwood bridge project does not include access ramps onto
Highway 36.
Commissioner Rossbach pointed out that two new fire stations could be built for the cost of the
proposed Hazelwood Bridge. He did not feel anyone has ever explained why there is a need for
the bridge. He strongly feels the bridge would only serve as another access to the mall and would
be disruptive to that neighborhood. Mr. Ahl stated the bridge would provide a nice connection for
the southern part of the community, from Larpenteur Avenue north. He felt it would better connect
neighborhoods and alleviate some traffic congestion on White Bear Avenue and Highway 61.
Mr. Rossbach asked that the city do a study of the people that live on either side of Highway 36
and determine whether or not they want the bridge, and why would they use the bridge if it was
there. Mr. Ahl was in support of that request.
The 152% increase in the public works budget from last year to this year concerned Mr. Trippler.
Mr. Faust explained the city is playing catch up with the pavement management system. There
are several streets in very poor condition, so an effort is being made to upgrade those roads.
Although the budget is increasing by 152% does not mean property taxes would be increasing by
that percentage. The projects are being financed by several different revenue sources: special
assessments, state aid, and property tax levies.
Planning Commission
Minutes of May 7, 2001
-4-
VI.
Mr. Trippler wanted it noted that on page 3-55 of the CIP it states the Pollution Control Agency
(PCA) will be responsible for the remainder of the former city dump closure costs. That is not the
case. The program has no money, and does not do that sort of thing. Mr. Ahl said it was an
oversight on his part. The project has been approved by the PCA and the minimal remaining
monitoring costs will be paid by the city.
The graphic for the Hillside neighborhood (page 3-47), the location of the priory open space site,
should be on the south west corner, as corrected by Chairperson Fischer.
Ms. Melinda Coleman, Assistant City Manager informed the commission that they are free to
make recommendations on the capital improvement program and forward those to the city
council. They make the final decision.
Mr. Trippler strongly feels improvements for the Maplewood Community Center should be paid for
by the people utilizing the center.
Mr. Rossbach explained how extremely difficult it would be for the commission to fashion a
motion that is going to generate a second, and get approved on everyone's individual beliefs. The
commission is to look at the plan overall and see if it meets and follows the comprehensive plan
already laid out. Individual beliefs can be expressed at the city council meetings. Each of these
items, prior to the dollars being expended, is voted on by the city council before each project is
started. This provides another opportunity for comments from the commission.
Mr. Anderson responded to Mr. Mueller's question about what developments are planned for
Sandy Lake. It is now a 46-acre site that is 35 to 40 feet deep of residual lime deposits. A joint
project between the county, city and City of St. Paul is being considered to have that area
developed as a regional athletic complex. Eight of the acres have been filled with 4-6 feet of fill
and seem to be stable at this point.
Mr. Frost moved the planning commission recommend to the city council to approve the
2002-2006 Capital Improvement Plan.
Mr. Rossbach seconded.
Ayes-All
Motion carries.
This proposal will go before the city council on May 29, 2001.
NEW BUSINESS
A. Clark Street right-of-way vacation (south of Mount Vernon).
Mr. Ken Roberts gave the staff report for the city. Mrs. Margaret Oscarson is asking the city
council to vacate an unused street right-of-way. This vacation is for part of the Clark Street
right-of-way that is south of Mount Vernon Avenue, just west of DeSoto Street. City staff is also
recommending that the city vacate an unused alley and the Arkwright Street right-of-way between
Mount Vernon and Roselawn Avenues.
Mr. Frost moved the planning commission recommend the city council:
A. Adopt the resolution that vacates the unused Clark Street right-of-way between Mount Vernon
and Roselawn Avenues. The city should vacate this right-of-way because:
1. It is in the public interest.
2. The city and the adjacent property owners have no plans to build a street in this location.
3. The adjacent properties have street access.
Planning Commission
Minutes of May 7, 2001
-5-
This vacation is subject to the city keeping a drainage and utility easement over the right-of-way.
Adopt the resolution that vacates the unused Arkwright Street right-of-way between Mount
Vernon and Roselawn Avenues. The city should vacate this right-of-way because:
1. It is in the public interest.
2. The city and the adjacent property owners have no plans to build a street in this location.
3. The adjacent properties have street access.
Adopt the resolution that vacates the unused alley in Block Seven of Magoffin's North Side
Addition between Mount Vernon and Roselawn Avenues. The city should vacate this alley
because:
1. It is in the public interest.
2. The city and the adjacent property owners have no plans to build an alley in this location.
3. The adjacent properties have street and alley
Mr. Rossbach seconded. Ayes-All
Motion carries.
This proposal goes before the city council on May 29.
B. Little School of Montessori Conditional Use Permit (1945 Prosperity Road).
Mr. Ken Roberts gave the staff report for the city. Ms. Noemi Palmer, is requesting a conditional
use permit for the Little School of Montessori. They would like to open a preschool/childcare facility
in Cross Lutheran Church at 1945 Prosperity Road. In review with neighbors and staff there was no
opposition to the preschool. The school is in the process of getting state licensed. Staff is
recommending approval subject to the noted conditions.
Ms. Noemi Palmer, the Director the Little school of Montessori, was present to answer questions.
Ms. Palmer informed the commission that the church is working with the state and city fire marshal
in rewiring the whole church for smoke detectors.
Mr. Frost moved the planning commission recommend the city council adopt the resolution that
approves a conditional use permit for a preschool and child care facility in Cross Lutheran Church
at 1945 Prosperity Road. This permit is based on the standards required by the city code and shall
be subject to the following conditions:
1. The city council may approve major changes to the site, after a public hearing. The Director of
Community Development may approve minor changes to the site.
2. The church and the Montessori school shall install smoke and alarm systems as required by the
fire marshal.
3. The city council shall not review this permit again unless there is a problem or if the owner or
operator proposes a major change.
Mr. Pearson seconded.
Ayes-All
Motion carries.
This proposal will go before the city council on May 29, 2001.
Planning Commission
Minutes of May 7, 2001
-6-
VII.
VISITOR PRESENTATIONS
No visitors were present.
VIII. COMMISSION PRESENTATIONS
IX.
A. March 26th Council Meeting: Ms. Dierich attended and gave the commission report.
The Maplewood Imports addition was approved although the council was concerned with the
business still parking cars on the grass. Also approved were the proposals for the easement at
Birch Run Station, the University Auto Sales Conditional Use Permit (CUP), the AT & T Monopole
CUP and the NURP Pond Ordinance.
B. April 9th City Council Meeting: Mr. Rossbach attended and gave the commission report.
The first reading of the tower and antenna ordinance was approved. The second reading of the
NURP Pond Ordinance was also approved. The meeting included discussion about the Menard's
addition. The exterior elevations ended up considerably taller than the approved plans and the
concrete panels were of a different design than what was approved. The Design Review Board
brought them back to their March meeting to discuss the changes. The board and the council did
accept the revised landscaping and painting scheme for Menard's.
C. April 23rd City Council Meeting: Ms. Fischer attended and gave the commission report.
The second reading of the tower and antenna ordinance was approved. The first reading of the
residential parking ordinance was approved by a 4-1 vote.
D. Mr. Pearson will attend the May 14 City Council Meeting.
E. Mr. Frost will attend the May 29 City Council Meeting.
F. Mr. Mueller asked if staff could address the parking situation at Affordable Auto on Rice and
Roselawn Avenue. They are parking cars 2 % feet from the street. Mr. Roberts will ask Mr.
Ekstrand, Assistant Community Development Director, if he will research this concern.
STAFF PRESENTATIONS
Mr. Roberts gave a brief update on the Beaver Lake Estates proposal. The developer has
submitted a revised plan that has reduced the number of units from 162 to 148. The $100,000 state
grant will be used toward the $340,000 needed to purchase 8.8 acres of open space. The
remainder of $240,000 will come from the open space fund. The revised 64 page staff report for
the city council was completed today. If any commissioner is interested in viewing the report or the
revised plans, they are available from Mr. Roberts. The city is holding a neighborhood meeting
Tuesday May 8 from 5:00-7:00 p.m. at the fire station for neighbors to express any concerns or
comments about the Beaver Lake proposal.
A. The Summer Tour Date for 2001 is scheduled for July 30, 2001. Sandy Lake will be
included in the site locations. There were no objections to this date by any of the
commissioners.
B. New commissioner member orientation will be held at 6:15 p.m. May 21,2001.
Planning Commission
Minutes of May 7, 2001
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C. Mr. Roberts updated the commission on all of the changes in the Community Development
Department. Melinda Coleman is now the Assistant City Manager. Tom Ekstrand is now the
Assistant Community Development Director. He is presently continuing to work with the Design
Review Board. Shann Finwall is the new city planner, and has started working with several
residential and commercial projects. Shann was previously a planner with the city of White Bear
Lake. Dave Fisher has been hired as the Building Official and comes to Maplewood from the City
Brooklyn Center. The city is in the process of adding an additional inspector to replace inspectors
who have been contracted out through the city. The community development department will also
be hiring a new clerk typist to replace Lori Hansen who will be moving to the city clerk's office.
X. ADJOURNMENT
The meeting was adjourned at 8:48 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
DATE:
City Manager
Ken Roberts, Associate Planner
The Gardens
Summer Lane, east of McMenemy Street
May 17, 2001
INTRODUCTION
Project Description
Mr. Gordie Howe is proposing to develop 22 townhouses in a development called The Gardens.
It would be on a five-acre site on a private-drive cul-de-sac on the east side of McMenemy
Street, south of Roselawn Avenue. Refer to the maps on pages 16-19. 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. (See the elevations on
pages 24-27 and the enclosed plans.)
Requests
To build this project, Mr. Howe is requesting several city approvals including:
1. ^ conditional use permit (CUP) for a planned unit development (PUD) for a 22-unit housing
development. In this case, the site would have a mix of two-unit and three-unit owner-
occupied townhome buildings. In addition, having a PUD gives the city and developer a
chance to be more flexible with site design and development details than the standard zoning
requirements would normally allow.
2. A preliminary plat for the townhouse lots and the lots for the common area, ponding areas and
the existing apartment building. (See the map on page 19.)
3. The design plans for the site, landscaping and buildings.
DISCUSSION
Zoning, Land Use and Comprehensive Plans
The city has shown this site for medium density residential development (R-3(M)) on the land use
map (see the map on page 17). Maplewood intends areas designated as R-3M as areas for
townhouses or apartments of up to 6 units per gross acre. Maplewood has zoned this property
R-3 (multiple dwellings). This zoning designation allows a mix of housing types including twin
homes, apartments, condominiums and other types of residential uses.
The proposed development plan is consistent with the density allowed by the comprehensive
plan and with the zoning designation for the property. Specifically, the 22 new units on the 5-acre
site means there would be 4.4 units per gross acre. This proposal would meet the density
standards outlined in the Maplewood Comprehensive Plan for this site. In addition, the proposed
development density would be consistent with the density standards recommended by the
Metropolitan Council for housing in first-ring suburbs. This is a good site for a mix of housing
styles and densities. It is on a collector street (McMenemy Street) and near a major collector
street (Roselawn Avenue), is next to a church and there are two schools nearby.
Conditional Use Permit
The applicant is requesting the CUP for the PUD because the proposed development has a mix
of two and three-unit buildings. This plan has proposed setbacks from the south and east
property lines (30 - 40 feet) that are smaller than the city would usually allow. If the development
had all two-unit buildings, then the proposed plans would meet Maplewood's setback standards.
The code, however, usually requires a 50-foot setback from a residential property line for
buildings with more than two units. Having the PUD gives the city and developer a chance to be
more flexible with site design and development details than the standard zoning requirements
would normally allow.
The developer intends to sell each of the townhouses. As proposed, the 22 dwelling units would
be on about five acres for an overall project density of 5.4 units per acre. For a comparison, the
comprehensive plan allows developments with single dwellings to have up to 4.1 units per gross
acre. As such, on a five-acre site, there could be up to 20 single-family homes.
Front and Rear-Yard Setbacks
As proposed, with the lot sizes, layouts and site topography, the developer has shown a variety
of building locations on the proposed grading plan. Having a variety of setbacks in this
development will allow for less mass grading and more individual town house styles. Specifically,
the developer has shown the buildings with 40-foot and 30-foot setbacks from the south and east
property lines.
Preliminary Plat
The proposed development and preliminary plat with 22 units meets the city's density
requirements for medium-density residential development. Having a lot under each detached
town house unit will allow the developer to sell each unit individually.
Public Utilities
There are sanitary sewer and water in McMenemy Street to serve the proposed development.
However, there is no city storm sewer in this part of Maplewood.
Drainage Concerns
There is no city storm sewer in this part of Maplewood. The grading plan shows the developer
using rain water gardens and the new storm water pond on the north side of Summer Lane within
the proposed development to control the storm water. The applicant's engineer has designed the
site, with the rain water gardens and the new pond, to accommodate all the storm water from
this site from back-to-back 100-year storms.
The developer's engineer told me that by using the proposed ponds as storm water detention
facilities, the development will not increase the rate of storm water runoff from the site. That is, the
runoff leaving the site will be at or below current levels. The city should require that the applicant's
grading/drainage plan ensures the runoff from his project will not increase the storm water flow
onto any neighbor's land. The developer's engineer will need to provide the City Engineer with
2
information and calculations showing that this project will not increase the amount of storm water
running off of the site.
The existing storm water pond to the south of the site on the north side of Ripley Avenue was
designed and built to accommodate drainage from a large area north of P,ipley Avenue, including
this site. However, this pond is privately-owned and not available to take additional storm water
unless the pond owner is willing to accept additional water. The applicant's proposal would
accommodate their drainage needs without using this pond.
Drainage and Watershed District
The Ramsey/Washington Metro Watershed District has done a preliminary review of the proposed
project plans. They did not have any major concerns about the proposed plans. It is important to
remember that the applicant or the contractor must get a permit from the watershed district before
starting grading or construction, That is, the watershed district will have to be satisfied that the
developer's plans will meet all watershed district standards.
Tree Removal/Replacement
As proposed, the applicant's contractor would grade most of the property to prepare the site for
construction. The proposed plans show the developer removing six large trees (oak and
basswood). With careful grading and construction, the developer may be able to save the double
oak clump between Lots 2 and 3, the 8-inch oak tree south of Lot 6 and the basswood clump in
front of building 22. The developer would actually remove more than six trees from the site. Other
than these six Uquality" trees, the applicant would remove many box elder, cottonwoods and
smaller scrub trees that the city code does not consider "significant." The applicant is proposing to
plant at least 71 trees (including green ash, red maple, linden, white spruce and Austrian Pine)
with his plans.
Trail
I had Bruce Anderson, the Maplewood Parks and P,ecreation Director, review the revised
development plans. Mr. Anderson noted that the developer is not proposing to build any trails with
the development. He recommends that the developer install a pedestrian and bicycle trail between
P, ipley Avenue and Summer Lane. This trail would allow people to travel between the homes on
the two cul-de-sacs without having to go or drive around the block. The trail would have an eight-
foot-wide bituminous surface and should go over the sanitary sewer line in the development
(between buildings 11 and 12). It also could go along the west property line of Lot 11 on the north
side of P,ipley Avenue.
For paved off-street paths, Maplewood requires 8-foot-wide bituminous paths centered in a trail
way or easement that is at least 10 feet wider than the trail. As I noted, the location of this trailway
easement would be between Lots 11 and 12. The developer should build a fence on both sides of
the paved trails within this plat. The city should require the developer to install the sidewalks, trails
and fences with the streets and driveways before final plat approval. This is to ensure that the lot
buyers know that the trail is there.
To prevent any confusion about ownership and property rights for trails, the county recommends
that the city have the developer locate the trail in a public right-of-way or within an easement on
the plat. All the trails within the development should be public and for all to use, not just for those
living in the development.
Design Review Discussion
The proposed buildings would be attractive and would fit in with the design of the existing homes
in the area. They would have an exterior of horizontal vinyl siding (sand color) with brick veneer on
the fronts (Bordeaux color) and the roofs would have Heatherwood-colored asphalt shingles. (See
the proposed elevations on pages 24-27 and the enclosed project drawings.) These buildings
would be very similar, if not identical to, the buildings approved by the city in the High Pointe Ridge
development (just south of County Road D). Staff does not have any major concerns about the
proposed plans since this development will be on a private driveway and would be somewhat
isolated. In fact, only the buyers of the townhouses and the residents in the existing apartment
building would be able to see the fronts of the new buildings.
The community design review board has recently noted concerns about "snout-designed" homes.
These are dwellings that have garages as the dominating street-side feature. The proposed
townhomes have this design. The community design review board may want to have the developer
change the proposed designs or add features to the buildings to lessen the impact of the garages.
This could include additional landscaping in front of the dwelling parts of the buildings, adding
covered front porches, enhancing the design of the garage doors or adding decorative light fixtures
next to the garages and entrance doors.
Parking
It should be noted that the city will allow parking along the north side of Summer Lane since it will
be 28 feet wide. There is not room on the site to add off-street parking within this development.
Landscaping
As proposed, the developer would plant 71 trees, numerous shrubs around the buildings and
install rain water gardens on the site. The mix of plantings will vary from unit to unit depending on
whether the unit faces north or east. (See the landscaping plans on pages 22 and 23.)
To enhance the view of the pond from the townhouses, the applicant should shift some of the
proposed trees from the north side of the pond and the cul-de-sac to the south and east sides of
the pond. The city engineer also is recommending that the developer further landscape the
ponding area to break the appearance of the deep hole and to promote infiltration.
RECOMMENDATIONS
Ao
Approve the resolution starting on page 30. This resolution approves a conditional use
permit for a planned unit development for the Gardens development on the east side of
McMenemy Street, south of Roselawn Avenue. The city bases this approval on the findings
required by code. (Refer to the resolution for the specific findings.) Approval is subject to the
following conditions:
1. All construction shall follow the plans date-stamped May 3, 2001 except where the city
requires changes. Such changes shall include:
a. Revising the grading and site plans to show:
(1) The required trail.
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(2) Revised storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's NURP Pond
ordinance standards.
(3) The developer minimizing the loss or removal of natural vegetation and large
trees. These plans shall make every attempt possible to save the double oak
clump between Lots 2 and 3, the 8-inch oak tree south of Lot 6 and the basswood
clump in front of building 22.
(4) Summer Lane must be at least 28 feet wide to allow parking on its north side.
The city council may approve major changes to the plans. The director of community
development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3.* Have the city engineer approve final construction and engineering plans. These plans
shall include:
a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree
preservation/replacement, and parking plans. The cul-de-sac bulb shall have the
minimum radius necessary to ensure that emergency vehicles can turn around.
b. The following changes for the storm sewer plans:
(1) There shall be an equalizer pipe between the proposed north pond and the
existing pond south of the site. This equalizer pipe shall be placed at or below
902.0, such that the elevations of both ponds would begin to equalize after
either pond was to reach an elevation of 902.0 This equalizer pipe would likely
run between Lots 15 and 16. The grades and elevations of the storm sewer
shall be designed and installed to prevent any storm sewer flow to the existing
pond south of the site until the north pond reaches an elevation of 902.0.
(2) The developer shall enclose the new pond with a four-foot-high, black, vinyl-
coated chain-link fence. (The fence shall not be six-feet-high as shown on the
plans.) The contractor also shall install a gate in the fence as may be required
by the city engineer.
c. The following for the streets and driveways:
(1) Use D412 concrete curb and gutter along the building side (south and east
sides) of Summer Lane.
(2) Use B618 concrete curb and gutter along the north and west side of Summer
Lane between McMenemy Street and Lot 22.
(3)
Standard gutter-style catch basins to pick up street drainage. Drainage
structures that extend into garden areas may be 27-inch or 48-inch catch
basins with R-4342 castings.
d. A revised storm water management plan for the proposal.
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e. Using, where at all feasible, the existing 6-inch water service stub when connecting
to the water main (rather than open cutting McMenemy Street).
f. Providing at least one additional fire hydrant between McMenemy Street and the end
of the cul-de-sac, so there are at least two hydrants along Summer Lane.
4. The design of the ponds shall meet Maplewood's NURP pond ordinance standards and
shall be subject to the approval of the city engineer. The developer shall be responsible
for getting any needed off-site pond and drainage easements, if applicable.
5. The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public
improvements and meet all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris, junk or fill from the site.
do
Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing
between Ripley Avenue and Summer Lane. This trail shall be over the sanitary sewer
line within the development site (between buildings 11 and 12) and along the west
property line of Lot 11 on the north side of Ripley Avenue.
The parks and recreation director shall approve the location and design.
Restore all disturbed areas within the pond with a native seed mix approved by the
watershed district and by the city engineer.
6. The approved setbacks for the principal structures in the Gardens PUD shall be:
a. Front-yard setback (from a private driveway): minimum - 20 feet, maximum - 25 feet
b. Front-yard setback (public side street): minimum - 30 feet, maximum - 35 feet
c. Rear-yard setback: minimum - 30 feet, maximum - none
d. Side yard setback: minimum - 10 feet to a property line and 20 feet minimum between
buildings
7. 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.
8. The city council shall review this permit in one year.
Approve the Gardens townhomes preliminary plat (received by the city on May 3, 2001). 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.
6
b.* Place temporary orange safety fencing and signs at the grading limits.
c. 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).
d. Have Xcel Energy install Group V rate street lights in at least two locations. One shall
be at the intersection of McMenemy Street and the proposed private driveway
(Summer Lane) and the other near the intersection of the trail and Summer Lane. The
exact style and location shall be subject to the city engineer's approval.
e. Pay the city for the cost of traffic-control, street identification and no parking signs.
f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules
and guidelines.
For the trail, complete the following:
(1) Provide an eight-foot-wide paved public walkway and two-rail split-rail fencing
from the private drive in the site (Summer Lane) between Lots 11 and 12 in the
proposed utility easement and along the west side of Lot 11 of the Markfort
Second Addition to Ripley Avenue. The trail easement for the trail shall be 18-
feet-wide.
(2) The developer shall install a two-rail split-rail fence on both sides of each trail and
posts at the end of the trail to prevent motorized vehicles from using the trail.
(3) The developer shall build the trail and fencing with the driveways and streets and
before the city approves a final plat.
(4) The city engineer must approve these plans.
h. Install a sign where Summer Lane intersects McMenemy Street indicating that it is a
private driveway.
Have the city engineer approve final construction and engineering plans. These plans
shall include grading, utility, drainage, erosion control, tree, trail, driveway and street
plans. The plans shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information for each building
site. The lot lines on this plan shall follow the approved preliminary plat.
(2) Contour information for all the land that the construction will disturb.
(3) Building pads that reduce the grading on site where the developer can save large
trees.
(4) The street, driveway and trail grades as allowed by the city engineer.
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
c.* The
(1)
(2)
(3)
(4)
(5)
All proposed slopes on the construction plans. The city engineer shall approve the
plans, specifications and management practices for any slopes steeper than 3:1.
On slopes steeper than 3:1, the developer shall prepare and implement a
stabilization and planting plan. These slopes shall be protected with wood fiber
blanket, be seeded with a no-maintenance vegetation and be stabilized before the
city approves the final plat.
All retaining walls on the plans. Any retaining walls taller than four feet require a
building permit from the city. The developer shall install a protective rail or fence
on top of any retaining wall that is taller than four feet.
Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
No grading beyond the plat boundary without temporary grading easements from
the affected property owner(s).
A minimum of a 10-foot-wide, 10:1 bench below the normal water level (NWL) of
any pond designed to be a wet pond. The depth of the pond below the NWL shall
not exceed four feet.
Emergency overflow swales as required by the city engineer or by the watershed
district. The overflow swales shall be 10 feet wide, one foot deep and protected
with approved permanent soil-stabilization blankets.
Restoration of the pond area being done with native seed mix or vegetation as
approved by the city engineer and by the watershed district. This requirement is
an addition to the required planting shown on the landscape plan.
Drainage areas and the developer's engineer shall provide the city engineer with
the drainage calculations. The drainage design shall accommodate the run off
from the entire project site and shall not increase the run-off from site.
tree plan shall:
Be approved by the city engineer before site grading or final plat approval.
Show where the developer will remove, save or replace large trees. This plan
shall include an inventory of all existing large trees on the site. Specifically, the
developer shall make every effort to save the double oak clump between Lots 2
and 3, the 8-inch oak tree south of Lot 6 and the basswood clump in front of
building 22.
Show the size, species and location of the replacement and screening trees. The
deciduous trees shall be at least two and one half (2 %) inches in diameter and
shall be a mix of red and white oaks, ash, lindens, sugar maples or other native
species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix
of Austrian pine and other species.
Show no tree removal beyond the approved grading and tree limits.
Include for city staff a detailed tree planting plan and material list.
8
(6) Group the new trees together. These planting areas shall be:
(a) nearthe ponding areas
(b) on the slopes
(c) along the trail
(d) along the south side of the site to help screen the development from the
existing houses to the south
(7) Show the planting of at least 71 trees after the site grading is done.
d. The street, driveway, trail, and utility plans shall show:
(1)
An eight-foot-wide bituminous trail between Ripley Avenue and Summer Lane.
This trail shall be over the sanitary sewer line within the development site
(between buildings 11 and 12) and along the west property line of Lot 11 on the
north side of Ripley Avenue.
The parks and recreation director shall approve the location and design.
(2)
The private driveway (Summer Lane) shall be a 9-ton design with a maximum
street grade of eight percent and the maximum street grade within 75 feet of all
intersections at two percent.
(3) Water service to ~ach lot and unit.
(4) Repair of McMenemy Street (street and boulevard) after the developer connects
to the public utilities and builds the private driveway.
(5) The developer enclosing the new pond with a four-foot-high, black, vinyl-coated
chain-link fence. (The fence shall not be six-feet-high as shown on the plans.)
The contractor also shall install a gate in the fence as may be required by the city
engineer.
(6) Size and location of the sanitary sewer service for the existing apartment building~
(7) The private driveways with continuous concrete curb and gutter except where the
city engineer decides that it is not needed for drainage purposes.
(8) The coordination of the water main locations, alignments and sizing with the
standards and requirements of the Saint Paul Regional Water Services
(SPRWS). Fire flow requirements and hydrant locations shall be verified with the
Maplewood Fire Department.
(9) All utility excavations located within the proposed right-of-ways or within
easements. The developer shall acquire easements for all utilities that would be
outside the project area.
(10)
(11)
The plan and profiles of the proposed utilities.
Details of the ponds and the pond outlets. The outlets shall be protected to
prevent erosion.
9
e. The drainage plan shall ensure that there is no increase in the rate of storm water run-
off leaving the site above the current (predevelopment) levels. The developer's
engineer shall:
(1) Verify pond, inlet and pipe capacities.
(2) Have the city engineer verify the drainage design calculations.
3. Pay the costs related to the engineering department's review of the construction plans.
4. Change the plat as follows:
ao
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.
b. Label the common areas as outlots.
c. Show the trails in publicly-owned property or easements.
d. Add drainage and utility easements as required by the city engineer.
e. Label the private street as Summer Lane on all plans.
5. Secure and provide all required easements for the development. These shall include any
off-site drainage and utility easements.
6. Sign a developer's 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. Provide for the repair of McMenemy Street (street, curb and gutter and boulevard) after
the developer connects to the public utilities and builds the private driveway.
7. Record the following with the final plat:
a. All homeowners' association documents.
b. Deeds dedicating the necessary stream and wetland buffer easements surrounding the
stream and the wetlands.
c. A covenant or deed restriction that prohibits any further subdivision or splitting of the
lots or parcels in the plat that would create additional building sites unless approved by
the city council.
The applicant shall submit the language for these dedications and restrictions to the city
for approval before recording.
10
Co
8'. Submit 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 structures.
9. 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.
10. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading.
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.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Approve the plans date-stamped May 3, 2001 (site plan, landscape plan, grading and
drainage plans and building elevations) for The Gardens. The city bases this approval on the
findings required by the code. The developer or contractor shall do the following:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Complete the following before the city issues a building permit:
a.* Have the city engineer approve final construction and engineering plans. These
plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and
driveway and parking lot plans. The plans shall meet the following conditions:
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information.
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the
watershed board or by the city engineer.
(3) All the parking areas and the Summer Lane shall have continuous concrete
curb and gutter except where the city engineer decides it is not needed.
(4) There shall be no parking on the south side of the 28-foot-wide Summer Lane.
The developer or contractor shall post Summer Lane and the driveways with
no parking signs to meet the above-listed standard.
b. Submit a certificate of survey for all new construction and have each building staked by
a registered land surveyor.
11
c. Submit a revised landscape plan to staff for approval which incorporates the following
details:
(1) All lawn areas shall be sodded. The city engineer shall determine the vegetation
within the ponding area and the rain water gardens.
(2) Shifting some of the trees proposed for the north side of the pond and the cul-de-
sac to the south and east sides of the pond.
(3)
The developer shall install landscaping in the ponding area to break the
appearance of the deep hole and to promote infiltration. Such landscaping shall
be approved by the city engineer and shall be shown on the project landscape
plans.
(4) Having in-ground irrigation for all landscape areas (code requirement).
(5) The plantings proposed around the front of the units shown on the landscape
plan date-stamped May 3, 2001, shall remain on the plan.
(6) A concrete walk from the driveway to the door of each unit.
d. Show that Ramsey County has recorded the final plat for this development.
3. Complete the following before occupying each building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards and sod all turf areas.
c. Complete all landscaping and turf irrigation for that building and its rain water
garden(s).
d. Install the required concrete curb and gutter.
e. Put addresses on each building for each unit.
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.
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 if the building is occupied in the fall or
winter, or within six weeks of occuPancy if the building is occupied in the spring or
summer.
c. The city receives an agreement that will allow the city to complete any unfinished work.
5. All work shall follow the approved plans. The director of community development may
approve minor changes.
12
CITIZENS' COMMENTS
I surveyed the owners of the 37 properties within 350 feet of this site. Of the six replies, three
objected and three had comments.
Objections
1. S~oan Place, DeSoto and Roselawn, DeSoto and Mount Vernon, 1860 McMenemy, Skillman
and Bradley, now this plan, plus businesses. I would say you are creating all rental units in this
area. Why not 1 family homes? Spread the joy and wealth of rental units (to other parts of
Map~ewood). (Chinander - 328 Be~lwood Avenue)
Staff note: The proposed development would have owner-occupied units - the developer is not
proposing renta~ housing.
2. We do not want townhouses to be built there, because we do not want more houses in the
neighborhood. (Frans - 1866 McMenemy Street)
3. Having received the updated proposal for the Gardens Townhomes, I am more opposed than in
my previous response. This proposal is more intrusive land-wise. I would not have purchased
this property 2 years ago knowing this was in the works. Part of the allure of our current
property is the peace and tranquility that surrounds us. This new proposal shows much of that
will be taken away from us. (McDonald's - 379 Ripley Avenue)
Comments
1. If Lot 11 on Ripley Avenue is zoned R-l, why is it being included as part of the development
under R-3 property? What purpose is Lot 11 serving to this development? I do not want Lot 11
changed to multi-housing nor do I think Lot 11 needs to be included in the development.
(Vogt - 378 Ripley Avenue)
Staff note: Lot 11 on Ripley Avenue is owned by the person that owns the proposed
development site. This proposal does not change the zoning for or use Lot 11 as part of the
development plan. Lot 11 would stay zoned for a single-family home.
Also see the letters from Audrey Duellman and Jay Swenson on pages 28 and 29 for additional
comments.
13
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 5 acres
Existing land use: Vacant
SURROUNDING LAND USES
North:
South:
West:
East:
Existing Apartment building at 1860 McMenemy Street and Saint Jeromes
Houses on McMenemy Street and on Ripley Avenue and a ponding area
MnDOT property and undeveloped property across McMenemy Street
Houses on DeSoto Street
PLANNING
Existing Land Use Plan designations: R-3(M) (medium density residential)
Existing Zoning: R-3 (multiple-family residential)
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 30 through 33.
Ordinance Requirements
Section 25-70 of the city code requires that the community design review board (CDRB) make the
following findings to approve plans:
1. That the design and location of the proposed development and its relationship to neighboring,
existing or proposed developments, and traffic is such that it will not impair the desirability of
investment or occupation in the neighborhood; that it will not unreasonably interfere with the use
and enjoyment of neighboring, existing or proposed developments; and that it will not create
traffic hazards or congestion.
2. That the design and location of the proposed development is in keeping with the character of the
surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive
development contemplated by this article and the city's comprehensive municipal plan.
3. That the design and location of the proposed development would provide a desirable environment
for its occupants, as well as for its neighbors, and that it is aesthetically of good composition,
materials, textures and colors.
HOUSING POLICIES
The land use plan has eleven general land use goals. Of these, three apply to this proposal. They
are: minimize land planned for streets, minimize conflicts between land uses and provide many
housing types. The land use plan also has several general development and residential
development policies that relate to this project. They are:
Transitions between distinctly differing types of land uses should not create a negative economic,
social or physical impact on adjoining developments.
14
- Include a variety of housing types for all types of residents, regardless of age, ethnic, racial,
cultural or socioeconomic background. A diversity of housing types should include apartments,
townhouses, manufactured homes, single-family housing, public-assisted housing and Iow-to-
moderate-income housing, and rental and owner-occupied housing.
- Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate
buffering and separation.
The housing plan also has policies about housing diversity and quality that the city should
consider with this development. They are:
- Promote a variety of housing types, costs and ownership options throughout the city. These are
to meet the life-cycle needs of all income levels, those with special needs and nontraditional
households.
- The city will continue to provide dispersed locations for a diversity of housing styles, types and
price ranges through its land use plan.
The city's long-term stability of its tax base depends upon its ability to attract and keep residents of
all ages. To do so, the city must insure that a diverse mix of housing styles is available in each
stage of the life cycle of housing needs.
Application Date
We received the complete applications and plans for this development on May 3, 2001. 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 2, 2001.
p:sec17/gardens.mem
Attachments:
1. Location Map
2. Land Use Plan Map
3. Property Line/Zoning Map
4. Proposed Preliminary Plat
5. Proposed Utility Plan
6. Proposed Grading Plan
7. Proposed Landscape Plan dated 05-03-01
8. Typical Unit Plantings Plan dated 05-03-01
9. Proposed Building Elevations dated 03-01-01
10. Proposed Building Elevations dated 03-01-01
11. Proposed Building Elevations
12. Proposed Building Elevations
13. Letter dated May 15, 2001 from Audrey Duellman
14. Letter dated May 14, 2001 from Jay Swenson
15. Conditional Use Permit Resolution
16. Project Plans date-stamped May 3, 2001 (separate attachments)
15
C
Attachment 1
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RD.
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AVE.
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KINGSTON
I B[LMONT LN.
e dine
BELMONT
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LWOOD
&
AVE..
AVE,
BELLWOOD
! KINOSTON~ AVE.
AVE.
ST. PAUL
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I
LOCATION
16
MAP
I [
Attachment 2
OS
R-3
CO
os
i
interc
BC
R-3(H)
,, ,Lar:,penteur major artef'ial
e ~ KEY ~
,,, 6 s: SCHOOL o R-3 (H),
~ C = CHURCH ,- I--
G:GOVERNMENT ~ ~Rn(M)
~; OS = OPEN SPACE
0 CEM = CEMETERY
Ri = SINGLE DWELLING RESIDENTIAL
....... R3M = MEDIUM DENSITY RESIDENTIAL
LAND USE MAP
SITE 17
Attachment 3
ROSELAWN AVENUE 11,~=: _--
. 18764) ~ SAINT JEROME'S
1863
I II SITE d,) ~'~ 1843
1835
s..~:~. POND
~ ...... m .... 1780 OUTLOT
~ ..... ~,, ~a~.~ 379
(~) ~ , : :~ ~ RIPLEY AVE
1774
RIPLEY
AVE ,~
~, '~ MONG ALLIANCE . ,
,.-~--~--:~ _~. ~___ __ ~CHURCH
i ' b ''~ F~; F = FARM RESIDENCE
" ~ "~ (e) ~] R3 = MULTIPLE DWELLING RESIDENTIAL
M1 = LIGHT MANUFACTURING
PROPERTY LINE / ZONING MAP
18
Attachment 4
PRELIMINARY PLAT
835,9£
LA h'£
RIPLEY
/
AVE
4,~DOl 07:16:31 AM. PLOT BY B-~FH
PROPOSED PRELIMINARY
19
PLAT
Attachment 5
HARKFORT
AVE
PROPOSED
UTILITY
2O
PLAN
Attachment 6
/
[~ARKFOR r I
AVE
PROPOSED
GRADING
21
PLAN
Attachment 7
MA.~I~RPIE(3E ~
J
23
Attachment 9
24 ~
~ttachment 10
25
Attachment ll
26
Attachment 12
27
P1AY-15-200i 09:51A FROM:AUDREY DUELLMAN 6517938i14
T0:65i7704597 P:i/1
Attachment 13
Mr. Ken Roberts ~ Maplewood City Hall
From Audrey Duellman 1843 Desoto Maplewood, Mn. 55117
~AY '15 200I
RECEIVED
In response to your letter concerning the property on Mcmenemy
St. that borders our property.
Please tell the builder to respect all property lines. There will be
no grading on our property or our son's property at 1835 Desoto.
We are having the property resurveyed and if it is not properly
marked we still hold the builder responsible to honor all property
lines.
What type of grading will be done and how will it affect our
property?
Will there be any change to our water and sewer - we do not want
to have to pay anything for this development. We still have a well
and are always concerned when there is changes is our area.
Looks like a good project but change is sometimes hard.
One other concern is the property at the comer of Desoto and
Roselawn- shouldn't the pond be fenced? We are concemed about
the school being so close. Why does the one on Ripley have to be
fenced and now the one on Mcmenemy but not the one on
Desoto??
There are probably other things but these are the most important to
us. Tom & Audrey Duellman 651-774-1530
28
KENNY
Attachment
P. 02
May 14, 2001
To whom it may concern,
I am writing this letter regarding the proposed Gardens twin homes on McMenemy
Street. Upon reviewing the updated plans, it appears that the homes have been
moved farther away from my lot line. The plans also show a drainage pond dug on
the east side of the existing building rather than the southwest corner of the property
as shown on the original plans. While this may, in fact, eliminate drainage concerns I
had about my property, the additional twin home(s) placed in that first pond location
bring up the issue of a further decrease in my privacy and the aesthetic value of my
home. Again, it is imperative that these home blend in with the surrounding area. in
particular; my home and property.
If, in fact, the homes are placed farther to the north of me, the preserving of the
trees(large and small) and bushes which provide privacy for my property can be
successful.
Since it is difficult to fully imagine the impact these homes will have on my property, I
am also asking the developer to construct a privacy fence along my lot line.
Thank you for taking into consideration my concerns,
Jay Swenson
1780 McMenemy Street
R E C E' i :E
29
TOTAL P.02
Attachment 15
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Gordie Howe, representing Masterpiece Homes, applied for a conditional use
permit (CUP) for the Gardens residential planned unit development (PUD).
WHEREAS, this permit applies to undeveloped property next to the apartment building at 1860
McMenemy Street, south of Roselawn Avenue in Section 17, Township 29, Range 22, Ramsey
County, Minnesota. (PINS 17-29-22-32-0009.)
WHEREAS, the history of this conditional use permit is as follows:
1. On May 21,2001, the planning commission recommended that the city council approve
this permit.
2. On ,2001, the city council held a public heating. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The council
gave everyone at the hearing a chance to speak and present written statements. The
council also considered reports and recommendations of the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water 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.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
30
Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped May 3, 2001 except where the city
requires changes. Such changes shall include:
a. Revising the grading and site plans to show:
(1) The required trail.
(2)
Revised storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's NURP Pond
ordinance standards.
(3)
The developer minimizing the loss or removal of natural vegetation and large trees.
These plans shall make every attempt possible to save the double oak clump
between Lots 2 and 3, the 8-inch oak tree south of Lot 6 and the basswood clump
in front of building 22.
(4) Summer Lane must be at least 28 feet wide to allow parking on its north side.
The city council may approve major changes to the plans. The director of community
development may approve minor changes.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall end. The council may extend this deadline for one year.
3.* Have the city engineer approve final construction and engineering plans. These plans shall
include:
The grading, utility, drainage, erosion control, streets, driveway, trails, tree
preservation/replacement, and parking plans. The cul-de-sac bulb shall have the
minimum radius necessary to ensure that emergency vehicles can turn around.
b. The following changes for the storm sewer plans:
(1)
There shall be an equalizer pipe between the proposed north pond and the existing
pond south of the site. This equalizer pipe shall be placed at or below 902.0, such
that the elevations of both ponds would begin to equalize after either pond was to
reach an elevation of 902.0 This equalizer pipe would likely run between Lots 15
and 16. The grades and elevations of the storm sewer shall be designed and
installed to prevent any storm sewer flow to the existing pond south of the site until
the north pond reaches an elevation of 902.0.
(2)
The developer shall enclose the new pond with a four-foot-high, black, vinyl-coated
chain-link fence. (The fence shall not be six-feet-high as shown on the plans.) The
contractor also shall install a gate in the fence as may be required by the city
engineer.
c. The following for the streets and driveways:
31
(1) Use D412 concrete curb and gutter along the building side (south and east sides) of
Summer Lane.
(2) Use B618 concrete curb and gutter along the north and west side of Summer Lane
between McMenemy Street and Lot 22.
(3) Standard gutter-style catch basins to pick up street drainage. Drainage structures
that extend into garden areas may be 27-inch or 48-inch catch basins with R-4342
castings.
d. A revised storm water management plan for the proposal.
e. Using, where at all feasible, the existing 6-inch water service stub when connecting to the
water main (rather than open cuffing McMenemy Street).
f. Providing at least one additional fire hydrant between McMenemy Street and the end of
the cul-de-sac, so there are at least two hydrants along Summer Lane.
The design of the ponds shall meet Maplewood's NURP pond ordinance standards and shall
be subject to the approval of the city engineer. The developer shall be responsible for getting
any needed off-site pond and drainage easements, if applicable.
The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public
improvements and meet all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris, junk or fill from the site.
d. Construct an eight-foot-wide paved public walkway and two-rail split-rail fencing between
Ripley Avenue and Summer Lane. This trail shall be over the sanitary sewer line within
the development site (between buildings 11 and 12) and along the west property line of
Lot 11 on the north side of Ripley Avenue.
The parks and recreation director shall approve the location and design.
e. Restore all disturbed areas within the pond with a native seed mix approved by the
watershed district and by the city engineer.
6. The approved setbacks for the principal structures in the Gardens PUD shall be:
a. Front-yard setback (from a private driveway): minimum - 20 feet, maximum - 25 feet
b. Front-yard setback (public side street): minimum - 30 feet, maximum - 35 feet
c. Rear-yard setback: minimum - 30 feet, maximum - none
d. Side yard setback: minimum - 10 feet to a property line and 20 feet minimum between
buildings
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7. 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.
8. The city council shall review this permit in one year.
The Maplewood City Council approved this resolution on
2001.
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