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HomeMy WebLinkAbout06/19/2000BOOk 1. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, June 19, 2000, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes Public Hearing a. Highpoint Ridge (County Road D and Highway 61) 1. Comprehensive plan changes: R-1 (single dwellings), R-lS (single dwellings - small lot) and M-1 (light manufacturing) to R-3(M) (residential medium density) - drop planned minor collector street 2. Conditional Use Permit (CUP) for a planned unit development (PUD) 3. Preliminary plat 4. No parking for one side of private streets and driveways New Business a. Goodrich Golf Course Clubhouse Conditional Use Permit (1820 Van Dyke Street) b. Amusement City Conditional Use Permit Revision (1870 Rice Street) Unfinished Business a. Zoning Code Change - Business Commercial (BC) Zoning District 8. Visitor Presentations 9. Commission Presentations a, June 12 Council Meeting: Mr. Ledvina b. June 26 Council Meeting: Mr. Thompson c. July 10 Council Meeting: Mr. Rossbach 9. Staff Presentations 10. Adjournment WELCOME TO THIS MEETING O.r: 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. o 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. o 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. 8. 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 MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Highpoint Ridge South of County Road D, west of Highway 61 June 14, 2000 INTRODUCTION Project Description Mr. Frank Frattalone, representing Frattalone Excavating, is proposing to develop a residential planned unit development (PUD) called Highpoint Ridge. It would be on a 45-acre site on the south side of County Road D, west of Highway 61. (Please see the maps starting on page 19.) Requests To build this project, Mr. Frattalone is requesting several city approvals including: 1. Changes to the comprehensive plan. These would be from I:{-1 (single dwellings), 13,-1S (single dwellings - small lot) and M-1 (light manufacturing) to R-3(M) (residential medium density) for the site. (See the existing and proposed land use maps on pages 20 and 21 .) The developer also is proposing that the city drop the planned minor collector street that would go through the site from County Road D on the north to Highway 61 on the east. 2. A conditional use permit (CUP) for a planned unit development (PUD) for a 216-unit housing development. The applicant is requesting the CUP because the existing F (farm residence), 13,-1 (single dwellings), 13,-1S (single dwellings - small lot) and M-1 (light manufacturing) zoning districts limit the uses to single dwellings in a typical or standard subdivision or to commercial uses near Highway 61 in the M-1 zone. (See the property line/zoning map on page 22.) As proposed, this project would have 34 single dwellings, 60 town houses and 122-units of apartments. 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. The F and M-1 zoning districts also do not alioa~ twin hDmes, 't~a/n flDuses or other multiple dwellings. 3. A preliminary plat to create the lots in the development. (See the.enclosed maps on pages 23 through 26 and the enr. Josed project plans.) 4. Having no parking for one side of private streets and driveways. BACKGROUND Carey Addition On July 13, 1998, the city council made several approvals for the Carey Addition. These included a land use plan change and a zoning map change from R-1 (single dwellings) to 13,-15 (single dwellings - small lot) for the north one-half of the plat and approval of the revised preliminary plat. This proposal was for the property along Carey Heights Drive, south of County Road D. The plat approval was subject to nine conditions. Mining Permit June 14, 1999: The City Council approved a revision to the mining operation conditional use permit to allow the operation to continue until December 1, 2001. DISCUSSION Land Use Plan Changes To build the proposed plat, Mr. Frattalone wants the city to change the land use plan for the site. These changes would be from R-1 (single dwelling residential), R-1S (single dwellings - small lot) and M-1 (light manufacturing) to R-3(M ) (residential medium density) for the site. (See the existing and proposed land use maps on pages 20 and 21.) The city intends R-3(M) areas for a variety of housing including single dwellings, town houses or apartments of up to six units per gross acre. For R-1 areas, the city intends to have primarily single dwellings on 10,000 square-foot lots with a density of up to 4.1 units per gross acre. The city intends R-I(S) areas for small-lot (7,500 square-foot) single dwellings. For M-1 areas, the city plans for offices, clinics, day care centers, retail businesses, warehousing and light manufacturing operations. The developer also is proposing that the city drop the planned minor collector street that would go through the site to connect County Road D on the north with Highway 61 on the east. Land use plan changes do not require specific findings for approval. Any change, however, should be consistent with the city's land use goals and policies. There are several goals in the Comprehensive Plan that apply to this request. Specifically, the land use plan has eleven general land use goals. Of these, three apply to this proposal including: · Provide for orderly development. · Minimize conflicts between land uses. · Provide a wide variety of housing types. The land use plan also has several general development and residential development policies that relate to this project. They include: Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. YVhenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major men-made or natural barriers. The city supports the improvement, replacement Dr redevelopment Df substandard or incompatible development. · The city coordinates land use changes with the character of each ~eighborhood. Include a variety of housing types for all residents.., including apartments, town houses, manufactured homes, single-family housing, public-assisted housing, Iow- and 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. This is a good site for a mix of housing styles and densities. It is on a major arterial street (Highway 61) and close to a minor collector street (Walter Street/Beam Avenue). The project should be a good neighbor to the nearby homes. There would be single dwellings near most of the existing single dwellings and the proposed town houses would be a transitional land use between single dwellings and the proposed apartments near Highway 61. 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. One advantage of this proposal is that an area that the city once thought would be good for commercial or light industrial development would become residential. This is especially beneficial to the existing nearby residential properties. Having single dwellings near the existing residences should be better neighbors than a commercial or a manufacturing use that the existing land use and zoning designations would allow. As proposed, the 216 units on the 45-acre site means there would be an average of 4.9 units per gross acre. The proposed overall development density would be consistent with Maplewood's medium density standards and with the density standards recommended by the Metropolitan Council for housing in first-ring suburbs. That is, they want to see residential development with at least three units per gross acre. Collector Street As I noted earlier, the developer is proposing that the city drop a planned minor collector street from the land use plan. This ~-eet would have connected County Road D with Highway 61. After reviewing the area, the developer'dete~ that this street would not have worked well with the site topogT-aphy, the poweflines and pipelines near the center of the site and the proposed street pattem. The existing land use plan shows Highway 61 as a major al'tefial street and Walter Street/Beam Avenue as a collector street. These streets are designed and built to carry larger volumes of traffic than the local or neighborhood streets. The proposed PUD has the main east/west street (Lydia Avenue) intersecting with Highway 61 at the southeast corner of the site. (See the proposed intersection detail on page 29.) This street layout should direct most of the traffic from this development onto the highway (an arterial street) and not onto the local or neighborhood streets. Conditional Use Permit The applicant has applied for a conditional use permit (CUP) for a planned unit development (PUD) for the 216-unit housing development. They are requesting the CUP because the existing F (farm residential) and M-1 (light manufacturing) zoning designations limit the land uses to single dwellings and commercial (near the highway). As proposed, there would be a mix of single-family homes, town houses and apartments in the PUD. The developer intends to sell all the lots for the single dwellings and town houses while the apartments would be for rent. As proposed, the 216 dwelling units would be on about 44.5 acres for an overall project density of 4.9 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 44.5 acre site, there could be up to 178 single-family homes. Preliminary Plat Density and Lot Size As proposed, the single-family lots range from 15,000 square feet to 42,481 square feet with an average lot size of about 23,000 square feet. The city requires each lot in the R-1 (single dwelling) zoning district to have at least 75 feet of frontage and have at least 10,000 square feet. All of the proposed single dwelling lots would meet or exceed the city's R-1 zoning standards. Block 3 on the north part of the site would have 36 town houses on about 12.8 acres (2.8 units per acre). These units would be on their own 28-foot-wide private cul-de-sac that would provide vehicle access to and from County Road D for these town houses. Public Utilities There are sanitary sewer and water in Carey Heights Drive, Duluth Street and County Road D to serve the proposed development. The developer will extend the water main from the north end of Carey Heights Drive and Duluth Street and from near Walter Street along the south side of County Road D into and through the site. The Saint Paul Water Utility will need to approve the water plan. Trees -=- ,- ,,,,~ --,,,-=,,,,= ua=. ~o== me [tee ]m/entory p~an on page 27.) Maplewood's tree ordinance requires the developer to replace each large ~ that the contractor would remove with two new trees. As such, the developer will need to plant at least 242 trees within the project site to replace the removed tr----==s. The developer has prepared a plan for the tree planting (see the proposed plan on page 28.) There are several problems with the proposed plan, however. Tree planting in the front yards of the single-dwellings is difficult, if not impossible, to coordinate with the home construction. If the contractor puts the trees in before the homes, then they often end up in the way of the driveway or the utilities. Putting the tree in after the contractor has finished the house requires much coordination with the homeowner and their landscaping. 4 As an alternative, staff recommends that the developer revise the proposed tree planting plan to bunch the new trees together in groups. These planting areas should be around the ponding areas and along the common property lines between residences. There also could be trees along all of the proposed trails, not just along the trail between Block One and Block Three. In addition, the revised plan must show the developer planting at least 242 trees after the site grading is done. Trails The developer's plans show three walking paths in the development. These include a path along the north side of the lots on Carey Heights Drive (under the power lines), between Lots 4 and 5, Block One (connecting Carey Heights Drive and the trail under the power lines) and a path from the north cul-de-sac (Block 3) to the west toward the city park. (These are shown on the site plan on page 23.) 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 right-of-way on the plat. The west end of the proposed trail in Block 3 however, needs to be changed or moved. As proposed, it would run into the rear part of the privately-owned property to the west of the project site. This trail should connect to the proposed east/west trail that would be under the power lines by moving the west end of the trail or by moving the trail to the east between Lots 8 and 9. For paved off-street paths, Maplewood requires 8-foot-wide bituminous paths centered in a right- of-way that is at least 10 feet wider than the trail. As such, the trailway for the trail between Lots 4 and 5, Block 1 and in Block 3 need to be at least 18 feet wide to meet this code requirement. The developer should build a two-rail split rail fence on both sides of each paved trail within this plat. The city should require the developer to install the trails and fences with the street and before final plat approval. This is to ensure that the lot buyers know that the trail is there. Drainage - Watershed District Most of the site drains to the south and east toward Highway 61 and to the pond behind LaMettry's Body Shop. A concern of several neighbors with this proposal is storm water drainage. The developer's engineer told me that by using the proposed and existing 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 RamseyANashington Metro Watershed District has been working with the developer on the proposed project plans. Mr. Frattalone or the contractor must get a permit from the watershed district before starting grading or construction. Dan Solar, the Ramsey County'bafrm engineer, said thatthe applicant should dedicate ten additional feet of fight-of-way along County Road D. This is because the Ramsey County right-of- way plan requires a total fight-of-way width of 86 feet (43 feet on each side) for County Road D. On-Street Parking Standards The applicant is proposing street widths from 28 feet to 32 feet in the development. I had the Fire Chief and Fire Marshall review the proposed streets and their widths. According to Article 9, Section 902 of the Uniform Fire Code, all fire access roads shall have an unobstructed width of not less than 20 feet. As such, the 28-foot-wide streets may have parking on one side of the street and the 32-foot-wide streets may have parking on either side of the street. RECOMMENDATIONS Approve the resolution on page 32. This resolution changes the land use plan for the Highpoint Ridge residential development, south of County Road D, west of Highway 61. These changes are from R-1 (single dwellings), R-1S (single dwellings - small lot) and M-1 (light manufacturing) to R-3(M) (residential medium density) for the site. This resolution also drops the planned minor collector street between County Road D and Highway 61. The city is making these changes because: 1. The development would be consistent with the goals and objectives of the comprehensive plan. The town house and apartment sites in the development are proper for and consistent with the city's policies for medium and high-density residential uses. These include: a. Creating a transitional land use between the existing and proposed Iow density residential and commercial land uses. b. It is on an arterial street and is near a collector street. 3. This development will minimize any adverse effects on surrounding properties because: a. The proposed single dwellings will separate the proposed town houses and apartments from existing homes. b. There should be no significant traffic increase from this development on existing local residential streets. 4. Neither the city or the developer plan to build the proposed collector street between County Road D and Highway 61 because of the existing and proposed grades, the existing power lines and the existing pipelines makes it difficult to build a street in this area. Bo Approve the resolution starting on page 33. This resolution approves a conditional use permit for a planned unit development for the Highpoint Ridge housing development. 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: · -"], ~,~ ,~---~ ~-,,.-,~j~-'~. ~ ~ =ty council"may approve,major changes. The director ~ community development may approve minor changes. 2. The proposed cons~uction 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 include: grading, utility, drainage, erosion control, streets, trails, tree and driveway and parking lot plans. The design of the ponds shall be subject to the approval of the city engineer. The developer shall give the city an easement for this pond and shall be responsible for getting any needed off-site pond and drainage easements. 6 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Remove the debris, junk, garbage and travel trailers from the site. This approval does not include the final design approval for the duplexes, townhomes or for the apartment buildings. The developer shall submit the final building, landscaping and site plans for these to the community design review board (CDRB) for approval by the CDRB. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 8. The city council shall review this permit in one year. Approve the Highpoint Ridge preliminary plat (received by the city on May 26, 2000). 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. Co Have NSP install Group V rate street lights in at least nine locations - primarily at street intersections and street curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic-control, street identification and no parking signs. e. Provide all required and necessary easements. f. Demolish or remove the existing house and garage at 1170 County Road D, and all other buildings, scrap metal, debris .and junk from the site. Cap and seal all wells on site'that 1he ownem are ~ot using; remove septic systems or drainflelds, subject to Minnesota rules and guidelines. Within one year of the contractor installing the sanitary sewer, the owners of the existing houses on Carey Heights Drive shall connect their houses to the sanitary sewer. ho Complete all the curb and gutter on Duluth Street and on Carey Heights Drive on the south side of the site. This is to replace the temporary cul-de-sac, repair the cul-de-sac pavement and restore and sod the boulevards. i. For the trails, complete the following: (1) Construct an eight-foot-wide paved walkway and two-rail split-rail fencing between Lots 4 and 5, Block 1, between the street and the proposed east/west (2) trail in Block 3, and along the north side of the lots in Block One (in the easement area) as shown on the plat date-stamped May 26, 2000. The developer shall extend the west end of the trail in Lot 3, Block One into the city park to connect to the existing park trail. ,All trails between lots shall be in a 18- foot-wide trailway or pedestrian way or in easement areas. The and trail. developer shall install a two-rail split-rail fence on both sides of each trail posts at the end of the trails to prevent motorized vehicles from using the (3) The developer shall build the trails and fencing with the streets. (4) The city engineer must approve these plans. j. Install signs where the driveways for the twin homes and for the town houses intersect the public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk 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) (2) (3) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. Contour information for all the land that the construction will disturb. House pads that reduce the grading on sites where the developer can save large trees. (4) (5) (s) (7) The proposed street and trail grades as allowed by the city engineer. 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. At a minimum, the sk)pes shall be ~ a~ith wood fiber blanket, be seeded with a no maintenance vegetation and be s~abilize, d before ~ r.,ity apl:~ Ih~ ~ plat. All retaining walls on 1rte plans. Any retaining walls taller'than 4 feet require a building permit Trom ~he city. Sedimentation basins or ponds as required bythe water=; ~1 board or bythe city engineer. (8) (9) 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 elevation (NWL) of any pond designed to be a wet pond. The depth of the pond below the NWL shall not exceed four feet. 8 c.* The tree plan shall: (1) Be approved by the city engineer before site grading or final plat approval. (2) 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. (3) Show the size, species and location of the replacement 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 and sugar maples. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed planting plan and material list. (6) Be revised to group the new trees together. These planting areas shall be around the ponding areas, on the steep slopes, along the common property lines between residences and along all of the proposed trails. The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 242 trees after the site grading is done. d. The street, trail and utility plans shall show: (1) Paved walkways and two-rail split-rail fences in a trailway or pedestrian way as shown on the proposed plans. This shall include the trail between Lots 4 and 5, Block 1, in Block 3 (as revised), between Block 1 and Block 3 (under the power lines), connecting to the existing park trail to the west of the site and on the east side of English Lane (Ridge Lane) to connect to the proposed apartment site. The parks and recreation director shall approve their locations and design. (2) The public streets 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. Afl public street TigM-O~-~ shaft beat least b~-~eet.-wide. {4) (5) (6) The completion of the cud3 and gutter on the north end of Duluth Street and the existing Carey Heights Drive cul-de-sac, the repair or replacement of the cul-de- sac pavement and the restoration and sodding of the boulevards around the cul- de-sac. A connection between the proposed water main in Block 3 and the proposed water main system on the southerly part of the plat. The developer also shall make a connection between the proposed water main on Lydia Avenue at Highway 61 and the existing water main on the west side of Highway 61, south of Guldens. 9 (7) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Available fire flow analysis shall be determined for the water system at the proposed apartment complex as well as through the existing 8-inch and 12-inch crossings of Highway 61 at Beam Avenue. Fire flow requirements shall be verified with the Maplewood Fire Department. (8) 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. (9) A reduced number of sanitary and storm sewer manholes and water main bends by "cutting corners" with the utility alignments. The developer's engineer shall verify with the SPRWS the acceptable water main alignments and crossings. Manholes may be offset from the street centerline if the result lessens the number of structures. (10) Provisions for public utilities and service(s) to the vacant or undeveloped properties on the south side of the proposed Lydia Avenue. 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. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. 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. Revise the lot lines in Block One and Block Three so there is a 18-foot-wide trail or pedestrian way between Lots 4 and 5, Block One and between Lots 6 and 7 or between Lots 8 and 9, Block Three to accommodate the proposed trails. d. Show the existing pipeline and the NSP and pipeline easements on the final plat. e. Sha~ all public: street fight-of-~ at 60 feet 'a~le. papenmcu~ar t~ me saaet right-Df-ways. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the house pads will be at least 1t30 feet away from the pipeline. (code requirement) h. Change the street names as follows: Carey Heights Drive shall be used only in Block 2 (Phase One) of the project. The north/south street between Outlot A and Outlot B shall be Duluth Street. Highpoint Court shall be called Ridge Place. 10 3. English Lane shall be called Ridge Lane. 4. The cul-de-sac in Block 3 shall be called Highridge Court. i. Show the extra ten-feet of street right-of-way for County Road D. Secure and provide all required easements for the development including: o a. Any off-site drainage and utility easements. b. Any necessary easements for the dedication and construction of Lydia Avenue. 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. 6. Record the following with the final plat: a. All homeowners association documents. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 3 through 6, Block 1 and Lots 7 through 18, Block 3 of the proposed preliminary plat the city received on May 26, 2000. The developer also shall notify the purchasers of the pipeline location. c. A deed dedicating 10 feet of additional right-of-way along County Road D for future street widening with the final plat. The applicant shall submit the language for this dedication to the city for approval before recording. d. A covenant or deed restriction with the final plat that prohibits the driveways on Lots 1, 23, 24, 25, 26, and 36, Block 3 from going onto County Road D. 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. ~z~tain a pan'nit f~rn 1he Ramsey-Washingtcm ~ W-a~rshed District for grading. -l'he ~ of ~e pmpeflJes at 1174 and 1176 County Road D shall changethe addresses of their properties to Carny Heights Drive addresses within 30 days of the contractor installing the base bituminous course for the new public street in front of their homes. If the developer decides to final plat part of the preliminary plat, the director of =ommunity 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. Adopt the resolution on page 36. This resolution is for the on-street parking standards and no on-street parking requirements for the Highpoint Ridge PUD south of County Road D and west of Highway 61. 11 CITIZENS' COMMENTS I surveyed the owners of the 70 properties within 350 feet of this site and received 15 written replies. Of those who replied, 14 were against the project (primarily the apartments) and one was for the proposed plan. We are very much opposed to the apartment complex - It is currently zoned commercial and the expectation of people who bought into this neighborhood is that it would remain commercial property. It would be unfair to add (potentially) 244+ people and cars to Duluth Street to access an apartment building. We bought into a single-dwelling neighborhood - the traffic would be brutal to the current residents. It is also not fair to place apartments (with 20 percent Iow income housing) in such close proximity to higher income dwellings, where people have paid to be here. (Bradt - 1236 Summit Court) I am strongly opposed to the development plan including apartments. Single family homes and moderately priced town homes OK. I think the future home owners of this new development would not appreciate apartment buildings next to their property as do I. This will reduce property values, increase traffic in areas which will not be able to handle the abundance of cars. There is also no way for this traffic to go north from this plan, except to use Duluth, my road to Summit. I do not wish to have my property and street used as a turn around - this is very dangerous for kids!! I also foresee longer bus rides for our kids. This is a single home area - lets keep it that way and not degrade the neighborhood. (Johnson - 1216 Summit Ct.) We like these plans with the exception of the 122-unit apartment complex! This will depreciate the value of the homes in the neighborhood. This neighborhood is not Iow to moderate income housing! The apartment complex will produce heavy traffic on Duluth Street - this poses a serious safety hazard for the many small children who play in the neighborhood! The people who now live in this neighborhood payed top dollar for their lots and homes. We also pay high taxes! To mix an apartment complex with $350,000+ homes makes no sense. The 122 units will create 200+ additional cars driving up and down Duluth Street on a daily basis~ (Jurgens - 1225 Summit Court) · We strongly oppose the 122-unit apartment complex and twin-home in the new proposal. We want an alternative solution for connecting Duluth Street to the new Lydia Avenue. Looking at the proposed layout, the new residences would have to go to Highway 61 north via Beam Avenue. There are small children waiting for school buses on Duluth Street. We do not want any unsafe conditions to the children because of this heavy traffic. It would be better for ~he ne~v residences to exit directly to Highway 61 north and south by using the unconnected Lydia A,~enue or using County Road D. (Nguyen- 1226 Summit Court) I am very concerned with hav'mg apartment buildings in this immediate area because crime usually comes with them. Our homes are prime targets especially since they are more costly than many nearby, i do not favor apartments built here by Frattalone. (Osell - 2970 Duluth St.) The connection between Carey Heights and Duluth makes good sense- be sure to allow path easement through 1 or 2 yards on cul-de-sac to connect to park path under power lines. The duplexes/town houses also are priced accordingly to neighborhood and would be a good fit with County Road D housing. No access through our neighborhood. The apartment complex is not a good fit. Typically apartment dwellers have 2 cars per unit. That is 244 cars extra on Duluth/Carey Heights loop depending on drivers destination (south to connect to light and go north or out back entrance to head west on County Road D). Also renters usually do not have 12 10. 11. the stability of homeowners or town house owners. Many negative statistics are relative to apartment complexes. We already have a large saturation of apartments on County Road D (in Vadnais Heights) to meet the quota of balance between housing of single and multiple ratios. Please do not add anymore apartment complexes. (Esch - 2993 Carey Heights Drive) We object to Carey Heights Drive connecting to this new development. We already have two openings to this development. Carey Heights Drive is an independent street and we do not want it connected to High Point Ridge. (DeYoungs - 2964 Carey Heights Drive) We feel the larger "home shoe" of single family homes is a welcome, positive and well planned addition to our neighborhood. Even the town homes by Masterpiece are well done. The one objection we have would be the apartments - since there already are so many on the north side of County Road D. (Schroeder - 3007 Frank Street) As far as the city of Maplewood should be concerned, the welfare of its residents should come before personal interest of private enterprises. The city should demand that the original plan of building single family homes must be maintained to assure that the value and appearance of the neighborhood is maintained. When we built our homes in the 1990's, developers like Frattalone and Mogrens assured us that this area will have single family homes in the 2,000 square-foot- plus range. Since then, we have already witnessed that both parties did not keep their promise and allowed smaller homes to be built. The only line of defense for the residents is the Mayor and the city council. We are now relying on you to assure apartment buildings are not built in this area. The informational meeting already indicated to us that they plan to rent apartments to Iow and moderate income people. This is an invitation to increase crime in our area. The city council must reject this proposal in the best interests of its residents. (Pohlkamp - 2990 Edward Street) Keep the bottom-right "leg" of the project zoned commercial since commercial use already in place north and south of it. A large apartment complex would double the traffic in the neighborhood (Kohlman Lake Overlook) since 120+ units about the same as the number of homes in place right now. Traffic use design not set to handle this amount. A more logical place for apartment expansion in the area is along County Road D between White Bear Avenue and Beam Avenue. There are several spots open along 1-694 in this area. To me the apartment complex does not fit into the planning "flow." Down the hill right now it goes single-family homes down to businesses next to Highway 61. One could put in a row of town homes to soften the transition. We already have several apartments in the immediate area on County Road D, west of Highway 61, off 1-694. Do not see the need for another at this location. Use wildftoa~wmix~~ Tmn-w~3wable slopes on ~he grading pla~. (Put a) S~I! ~ pa~ do~ ~ ~ ~d ~ ~ O~ B a~. D~ n~ s~m ~masonable to make ~is mod~fion sin~ e~ inch fig~ now is ~g ~ed o~ for reside~ial sa~. ~y n~ ~ a ~all ~n~ion ~ mc~ ~e ~ds ~ ~e ~ ~ighbom? Poli~ ~ ~la~g ~oved ~s. Obviously moM, ff n~ all, ~ ~11 ~ ~ken o~ by mawr ~d~g ~ ~ ni~ ff ~ ~ could ~ ~osen ~m native v=i~s - mom oak and ~ss grin ash. I like ~e ~F~sac for ~ 36 ~ ~o~ comp~x- ni~ design! S~ ~ t~ around. ~ al~dy ~ place ~ ~e end of Carey Heig~s Drive now, k~p this e~anded o~ and p~ in a ~er boulevard ~ ~ees to slow ~c com~g do~. Ni~ to do at ~ end ~ Dul~ Str~ too. (Hunt~y - 3020 Edward St.) I am opposed to the 122 multi-housing medium-density (apartments). I don't think it would be a good location. Too many occupants and the danger of overbuilding. Also opposed to the light manufacturing in a residential area. The noise factor was not addressed adequately. Please look 13 more closely at natural sound barriers. Also opposed to additional town houses in Outlot D (24 units). Do you do any environmental impact studies? This whole development seems to be an overload on the land involved. I am also concerned about the road access during construction. We live at 1176 County Road D and the entire road access will be affected. (Owner - 1176 County Road D) 12. We are strongly opposed to any type of apartment complex in this development. Secondly, we are concerned about the increase in traffic which maybe a result of such high density housing. We would sympathize with the thought and feelings of our neighbors who are directly affected by this proposal (those on Summit Court - on the north side and the homes directly at the end of Duluth Street). (Herold - 1247 Countryview Circle) 13. Looks like a well thought out plan and layout to me. (Rosell - Stillwater) Also see the letters on pages 30 and 31. I also received several telephone calls from nearby residents. They expressed concerns about storm water drainage, the proposed housing mix (including the proposed town houses and apartments), possible assessments and increased traffic on Duluth Street. 14 REFERENCE INFORMATION SITE DESCRIPTION Site size: 45 acres Existing land use: A mining operation and accessory buildings from the former farm SURROUNDING LAND USES North: Houses and apartments across County Road D in Vadnais Heights South: Houses on Carey Heights Drive, Duluth Street, Summit Court and Gulden's West: Houses on Carey Heights Drive, Frank Street and Maplewood city park East: Highway 61 and frontage road PAST ACTIONS - Carey Heights Drive and Carey Addition 1. June 1964: The village council approved a preliminary plat for this area. 2. 8-13-64: A second preliminary plat was approved by the council. Council also approved a building permit for Mr. Carey at 1174 County Road D, subject to an agreement between himself and the village that he will not request any village maintenance on his private driveway, nor will he object to the construction of, and assessment for, a standard village street in the future. 3. 10-21-66: The city issued a building permit to Richard Barrett at 1176 E. County Road D. 4. 11-9-66: Richard Barrett signed an agreement waiving his right to a village street or maintenance of the private drive to his property and agreed to construct and maintain a private drive to his property. 5. 11-10-66: The village engineer reported to the council that the private drive did not meet village street standards and was not constructed to approved plans. Council authorized a building permit to be issued to Mr. Barrett subject to Mr. Barrett complying with the conditions in the engineer's report. 6. 11-17-66: The planning commission recommended approval of a preliminary plat for Richard Barrett consisting of four lots on the west side of Carey Heights Drive and the half streets required by council action of 11-10-66. 7. 11-1T-66: Counc~~apmliminan]TdatfortheCamyAddition- This ~tat comprised only part of the Carey property including right-of-way for Carey Heights Drive, Woodlynn Avenue and Lydia Avenue. 8. 4-4-77: The planning commission recommended that the council table consideration of variances requested by Mr. Novak (build on a substandard lot, withoutfrontage to a dedicated public street) to allow the applicant an opportunity to pursue the matter of dedication of the right- of-way (Carey Heights Drive) and pursuing a variance to standards of street and utility construction. 9. 9-1-77: Mr. Carey petitioned the city to improve Carey Heights Drive from County Road D southward approximately 1,500 feet. 15 10. 11. 12. 13. 14. 15. 16. 17. 9-28-77: Council ordered a feasibility study for the improvement of Carey Heights Drive with public street and utilities. The study showed that the project would be cost-prohibitive. 1-26-78: Council approved a lot area variance but denied two street access variances as requested by Mr. Richard Novak, based on the following findings: 1. The street access variances do not meet the "spirit and intent" of the ordinance. 2. A precedent would be set for similar lots in other areas of the city. 3. There may be times of the year when emergency services could not get access to the property. 4. There is no hardship that is "unique to the individual property under consideration." On April 20, 1978, city staff recommended that the council declare the Carey Heights Drive improvement project not feasible and go no further with the project. Council tabled consideration to allow Mr. Carey "to contact his own source in regard to providing utilities on Carey Heights Drive." On December 18, 1980, the city council approved a lot split request of Aaron Rupert to create a 13,500 square-foot lot on the east side of the private Carey Heights Drive. Mr. Rupert, however, never created the lot as approved by the city council. On October 26, 1987, the council initiated a public improvement project for the construction of Carey Heights Drive, between Kohlman Lake Overlook plat and County Road D. On February 27, 1989, the council held a public hearing about building Carey Heights Drive from Kohlman Lake Overlook development to County Road D. At this hearing, the council decided that the project was advisable, expedient and necessary and ordered the city engineer to prepare the plans for the project. However, the affected property owners did not want to provide the necessary public street right-of-way to the city. As such, the city never built the project. On May 27, 1997, the city council considered the Carey Addition preliminary plat. The council tabled action on the plat until June 9, 1997 so the applicant and city staff could research four items. These included the: 1. Location of the pipeline and the pmpesed lot layout. 2. Need for a variance for lots that would be less than lO, OD0 square feet in area. 3. Possibility of adding traffic calming features and signage w'rth the plat. 4. Possibility of adding stop signs to intersection of Carey Heights ]:)rive and F]'ank Street. On June 9, 1997, the council again considered the proposed plat. The council tabled action on the plat until June 23 or July 14, 1997. Frattalone Mining Operation June 28, 1982: The City Council approved a conditional use permit and three variances to mine this site. The CUP was subject to nine conditions. July 25, 1983: The Council renewed the permit for five years, subject to the original conditions. 16 October 10, 1988, and October 20, 1989: The Council renewed the permit for one year, subject to the original conditions. October 22, 1990: The Council renewed the permit for three years, subject to the original conditions. March 25, 1991' The Council denied a permit change to add a material crushing/recycling operation to this site. January 10, 1994: The Council revised the conditions of approval for the permit and renewed the mining approval for five more years. A condition of this approval was that the permit would end in five years (in January 1999). PLANNING Existing Land Use Plan designations: R-1 (single dwellings) and M-1 (light manufacturing) Existing Zoning: F (farm residence) and M-1 (light manufacturing) Proposed Land Use Plan designation: R-3(M) (residential medium density) Reasons for the Requests This proposal needs a land use plan change because: 1. State law does not allow a city to adopt any regulation that conflicts with its comprehensive plan. 2. One of the findings required by code for a CUP is that the use is in conformity with the city's comprehensive plan. The land use plan shows this site for R-1 and M-1 uses, which do not include multiple-family housing. The developer is applying for a CUP because the zoning on this site is F (farm residence) and M-1 (light manufacturing). The F zoning allows farms and single dwellings and the M-1 zoning allows for a variety of commercial and light manufacturing land uses. The developer chose to apply for a CUP, rather than a zone change. A CUP for a PUD is only for a specific use and site plan. A rezoning to R-1 (single dwellings) and to R-3 (multiple dwelling residential) would allow a variety of single dwellings and a variety of multiple-dwelling uses and plans. CRITERIA FOR APPROVAL There are no spec'~c criteria for a land use plan change. Any land use plan change should be consistent with the goals and policies in the city's comprehensive plan. Section 36 *?.2(a) states ~at~ city council may approve a CUP, based on nine standards. Refer to the findings in the resolution on pages 33 through 35. Section 25-70 of the cay code requires that the 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. 17 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. kdp:lsec41highpont, mem Attachments: 1. Location Map 2. Land Use Plan Map (Existing) 3. Land Use Plan Map (Proposed) 4. Property Line/Zoning Map 5. Proposed Preliminary Plat 6. Proposed Site Plan 7. Proposed Grading Plan 8. Proposed Utility Plan 9. Tree Inventory Plan 10. Proposed Tree Plan 11. Proposed Intersection Detail 12. 5-21-00 letter from Jorgenson (1235 Summit Court) 13. 5-23-00 letter from Lambert (2986 Duluth Street) 14. Land Use Plan Change Resolution (R-l, R-I(S) and M-1 to R-3(M)) 15. Conditional Use Permit for a Planned Unit Development Resolution 16. No Parking Resolution 17. Project Plans (separate attachments -including 11x17s and full-size) 18 Attachment 1 VADNAIS HEIGHTS LOCATION MAP 19 County Rd. D Vadnais 694 prir. cipal arterial Attachment 2 interchange r~ : minor colleclor Little Canada OS minor Collector Ave. ty Rd. C El OS PROJECT SITE ;11 ~jor collector LAND USE MAP (EXISTING) 20 R-1 = S1NGLE DWELLINGS R'-3(M) = MEDIUM DENSITY RESIDENTIAL OS = OPEN SPACE M-1 = LIGHT MANUFACTURING \ Gervais Attachment 3 Coumty Rd. D Vedneis Heights 694 iai ~ Interchange Little Canada R-1 OS R-3(M) minor collector iBeam Ave. ty Rd. C OS R1 -- R-1 = SINGLE DWELLINGS R-3(M) = MEDIUM DENSITY RESIDENTIAL OS = OPEN SPACE M-1 = LIGHT MANUFACTURING major collector ~ \ Gervais LAND USE MAP (PROPOSED) 2975 VADNAIS HEIGHTS PARK PROJECT SITE "~ I i ' NSP POWER LINES ...... ,--r~ .~ --~--_l- .. PROJECT SITE 2970 GULDENS 2999 ,'~j IIIIIII d.~ /~.~ · FUTURE AUTO USE ! PROPERTY LINE / ZONING MAP 22 Attachment 4 ~ 2980 GDJ-F CDURSE BEAM AVENUE .... Attachment-5 ........... . ........ ,...., ........... .............../. ,,-~ .',' ...~....:~v....:......~..v... ........ ::.:..~ :...'....:. · ... / · ..:."....::. ~f:':'~2.::::::'::.; '" ': "'"'"'~' "" "':'""':""~':'"~:'~"' ::-.:.:.:.:.:.:::;...~.: ...;... . i ..' / ,- .....,~, __~':':';':' :':: :: '.:-::: '122 :Ul~(l:: ':.:::":-}.':' .:':.:.':'.-' '.-"...: .... '"Z::': ':.:~:::::::::' ::: ...... :.': :':: .....~....v.....= ...:;.=...........:;.......: ......... SITE PLAN 24 Attachment 6 CU~.I~..ENT ZONING. MIXED FEOFO~ED Z. ONIN[} ~= F.U.D ~INGLE FAMILY= MINIMUM LOT A~A MINIMUM ~ AEEA I "! i i I I Attachment 7 PROPOSED GRADING PLAN Attachment 8 ./ t- Attachment 9 TREE INVENTORY PLAN 27 OVERLDI~4 T Attachment 10 I SUMMI ~ ' II PROPOSED TREE PLAN 28 Attachment ?~opoeed Irvceree.,cl;ion of Lydi~ Av~. and Highw~:y 01 (Approx e~al~ 1" 50') (EXISTING) /PROPOSED NEW Dr / EXISTING PARKING LOT "~ -~LP ,/ HWY 61 Fropoe~ ^lignmont, PROPOSED INTERSECTION DETAIL 29 Attachment 12 BRENT R. JORGENSON 1235 Summit Court Maplewood, MN 55109 H: 612-481-7825 W: 612481-4076 May 21, 2000 Mr. Kenneth Roberts Community Development Department City of Maplewood 1830 East County road B Maplewood, MN 55109 Dear Mr. Roberts: I have read the Neighborhood Survey letter you sent and I also attended the recent meeting that the Development Team had in Gulden's Restaurant. I am a homeowner and my property is adjacent to the South Side of the Proposed Development. There are a couple of areas of great concern with this proposal. Our strongest objection is the proposed Apartment complex. Apartments in general have a negative impact on property values. This complex also calls for a portion of it to be allocated for Low-Moderate Income housing, which would further erode property values. The high density of this proposal will significantly increase the traffic in our neighborhood to an unacceptable level. Traffic from the majority of the development South of the power lines will be forced to drive down Duluth Street to access North bound Highway 61. The properties adjaeem to the project site are currently zoned RI with a small portion being MI. We would suPtxm developmem with a majm'ity of the prope~ being zoned R1 anda strip of M1 along Highway 61. Thank-you for your time and consideration. Sincerely, Ann Jorgenson ~--r,~r,,~~ 30 Attachment 13 May 23, 2000 Community Development Dept City of Maplewood 1830 E County Rd B Maplewood, MN 55109-2797 In reference to this proposed building plan offered by Mr Frattalone, we are very concerned about the following issues: 1. We DO NOT OPPOSE the 34 single houses on Carry Drive nor the 36 unit Townhome complex. The 34 single homes would add value to the existing homes on Duluth St and the Cul de Sacs leading off Duluth St 2. We DO OPPOSE the 122 unit apartment complex for the following reasons; a. Lower the value of current homes on Duluth St and Cul de Sacs to include the proposed 34 single family homes. b. With the current traffic flow on Rte 61, a burden of traffic volume would increase on Duluth St via Lydia Ave to include Jcts Beam Ave and Rte 61. 3. We DO OPPOSE Lydia ave between Duluth St and proposed English Lane for obvious traffic volume on Duluth St. 4. We Attended a meeting with Mr Frattalone and his associates and they could not address the traffic problem that will occur on Jcts Lydia ave and Rte 61 nor the Jcts of Beam Ave and Rte 61. Mr Frattalone was also not clear as to the traffic flow during the construction by of To~ota 4ea/ership an~ LemetxT~ ~Y Sh~p ~n Rte 61. 1. The ~neral~opinion of the neighborhood on Duluth St an~ Cul de Sacs were opposed t~ the con~truct/on- T~ey were const~e~. 2. We understood that To~ota dealership would refrain of having their employees parking on Beam ave and off loading veh/cles on Beamave. SITUATION REMAINS TO ~XTST with the parking and off loading. Comparing the Toyota dealership and Lemetry construction, what are we to believe with the Frattalone construction. - 31 Attachment 14 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Frank Frattalone proposed changes to the city's land use plan from R-1 (single dwellings), R-1S (single dwellings - small lot) and M-1 (light manufacturing) to R-3(M) (residential medium density) for the site. WHEREAS, this change applies to property for the Highpoint Ridge PUD south of County Road D and west of Highway 61 in Section 4, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the applicant also requested a change to the land use plan to drop the planned minor collector street between County Road D and Highway 61. WHEREAS, the history of this change is as follows: On June 19, 2000, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council not approve the plan amendment. On , 2000, the city council discussed the proposed land use plan changes. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described changes for the following reasons: The development would be consistent with the goals and objectives of the comprehensive plan. The town house and apartment sites in the development are proper for and consistent with the city's policies for medium and high-density residential uses. These include: ao Creating a transitional land use between the existing and proposed Iow density residential and commercial land uses. b. It is on an arterial street and is near a collector street. The proposed single d~e~gs will separate the proposed tx)am houses and apadments from existing homes. There should be no significant b-a~u increase from this development on existing local residential streets. o The city nor the developer plan to bund the proposed collector street between County Road D and Highway 61 because the of the existing and proposed grades, the existing power lines and the existing pipelines make it difficult to build a street in this area. The Maplewood City Council adopted this resolution on ,2000. 32 Attachment 15 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Frank Frattalone, representing Frattalone Excavating, applied for a conditional use permit (CUP) for the Highpoint Ridge residential planned unit development (PUD). WHEREAS, this change applies to undeveloped property for the Highpoint Ridge PUD south of County Road D and west of Highway 61. The legal description of these properties are: PID: Description: 04-29-22-12-0009-5 PLAT.03032 SECTION 4 TOWN 29 RANGE 22 EX E 160 FT THE S 100 FT OF N 358 FT OF E 9 ACRES OF NW 1/4 OF THE NE 1/4 OF SEC 4 TN 29 RN 22 PID: 04-29-22-12-0008-2 Description: PLAT.03032 SECTION 4 TOWN 29 RANGE 22 EX E 160 FT THE S 202 FT OF N 560 FT OF E 9 ACRES OF NW 1/4 OF THE NE 1/4 OF SEC 4 TN 29 RN 22 PID: Description: 04-29-22-12-0001-1 PLAT.03032 SECTION 4 TOWN 29 RANGE 22 E 100 FT OF N 158 FT OF NW 1/4 OF NE 1/4 (SUBJ TO RD) IN SEC 4 TN 29 RN 22 PID: Description: 04-29-22-12-0002-4 PLAT.03032 SECTION 4 TOWN 29 RANGE 22 EX N 158 FT LYING E OF CAREY HEIGHTS DRIVE AS SD DRIVE IS DESC IN DOC NO 1634533; THE N 1443.8 FT OF PART OF NW 114 OF NE 1/4 LYING ELY OF WLY LINE OF SD DRIVE. ALSO, E 130 FT OF PART OF SD 1/4 1/4 LYING S RN 22 PID: Description: 04-29-22-12-0010-5 PLAT.03032 SECTION 4 TOWN 29 RANGE 22 SUBJ TO CO RD AND WITH RD ESMT AND EX E 160 FT THE N 258 FT OF E 9 ACRES OF NW 1/4 OF NE 1/4 OF SEC 4 TN 29 RN 22 PID: Description: 04-29-22-12-0006 PLAT.03032 SECTION 4 TOWN 29 RANGE 22 S 100 FT OF N 1044 96/100 FT OF PART WLY OF CL OF RD ESMT IN DOC 1634533 OF E 9 ACRES NW 1/4 OF NE 1/4 (SUBJ TO ESMTS) IN SEC 4, TN 29, RN 22 04-29-22-11-0006 1/4. OF SEC-I-ION 4, I uvvmonir QUARTER (NE ). D AND 661.6 FEET OF THE NORTH 1,006 FEET, AND SUBJECT TO COUNTY RDAD , SUBJECT TO A GAS PIPF. DNE EASEMENT LOCATED THEREON PID: Description: 04-29-22-11-0005 TRACT A, REGISTERED LAND SURVEY NO. 322, RAMSEY COUNTY, MINNESOTA AND THE SOUTH 401.00 FEET OF THE NORTH 1006.{)0 FEET OR THE EAST 661.80 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 29, RANGE 22, EXCEPTTHE NORTH 676.00 FEET OF THE ~=OLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, THENCE WEST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, 5.00 FEET: THENCE SOUTHERLY 741.30 FEET TO A POINT 15.00 FEET WEST OF THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID 33 WEST OF THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, 15.00 FEET TO SAID EAST LINE: THENCE NORTH, ALONG SAID EAST LINE TO THE POINT OF BEGINNING. PID: Description: All in Section 04-29-22-12-0007-9 THE SOUTH 224 96/100 FEET OF THE NORTH 834 96/100 FEET OF THE EAST 9 ACRES OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, TOWN 29, RANGE 22, EXCEPT THE EAST 160 FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS BY FOOT AND BY VEHICLE TO AND FROM THE ABOVE DESCRIBED PROPERTY OVER AND ALONG THE FOLLOWING DESCRIBED PROPERTY TO WIT: THE WEST 60 FEET OF THE EAST 160 FEET OF THE NORTH 834.96 FEET OF THE EAST 9 ACRES OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4, TOWNSHIP 29, RANGE 22 4, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: On June 19, 2000, the planning commission recommended that the city council permit. this 2. On ,2000, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the 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 a/ould not change the existing or planned character of the,.surrounding area. 3. The use would not depreciate property values. .4. The use would ~ involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water mn-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. 34 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. Approval is subject to the following conditions: All construction shall follow the plans date-stamped May 26, 2000, except where the city requires changes. The city council may approve major changes. 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. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, streets, trails, tree and driveway and parking lot plans. The design of the ponds shall be subject to the approval of the city engineer. The developer shall give the city an easement for this pond and shall be responsible for getting any needed off-site pond and drainage easements. 5. The developer or contractor shall: ao Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Remove the debris, junk, garbage and travel trailers from the site. This approval does not include the final design approval for the duplexes, townhomes or for the apartment buildings. The developer shall submit the final building, landscaping and site plans for these to the community design review board (CDRB) for approval by the CDRB. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable ~ f~ any ~utlot in the preliminary plat.before tho city will issue a buildir~ ~ The Maplewood City Council approved this resolution on 2000. 35 NO PARKING RESOLUTION Attachment 16 WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Highpoint Ridge. WHEREAS, the developer wants to have reduced street right-of-way widths and reduced street pavement widths in this development. WHEREAS, the city has approved reduced street right-of-way widths and reduced street pavement widths in the development, subject to on-street parking restrictions. WHEREAS, Section 29-52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets less than 28 feet wide and prohibits parking on one side of the public streets that are 28 feet to 32 feet wide in the Highpoint Ridge PUD south of County Road D and west of Highway 61 in Section 4-29-22. The Maplewood City Council approved this resolution on ,2000. 36 MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Tom Ekstrand, Associate Planner Conditional Use Permit and Design Review - Goodrich Golf Course Clubhouse 1820 Van Dyke Street May 31, 2000 INTRODUCTION Project Description Kevin Finley, of Ramsey County Parks and Recreation, is proposing to build a 1,700 square-foot addition onto the Goodrich Golf Course Clubhouse. Refer to the maps on pages 4-7 and the letter on page 8. The exterior of the clubhouse would be cultured stone, board & batten siding, horizontal lap siding and dark green asphalt shingles. The building would be green, beige and natural wood color. Refer to the plans. The proposed, enlarged clubhouse would have locker rooms, a banquet room, snack bar, and outdoor patio. Requests Mr. Finley is requesting the following: 1. A conditional use permit (CUP) to expand a public building. Section 36-437 of the city code requires a CUP for a public service or public building uses in any zoning district. 2. The building design, site and landscape plans. DISCUSSION Conditional Use Permit The city council should approve this permit. The proposed, enlarged building would be attractive and would improve the appearance of the clubhouse. This would benefit the county by improving their golf facility and the neighborhood as well. There is a substantial amount of parking available so parking would not be a problem. Landscaping The applicant proposes to add landscaping around the proposed building expansion in the future. None has been shown on the plans yet, however. The applicant should submit a landscape plan to staff for approval. Code requires that the developer or owner install an in-ground sprinkler system for any new landscaped areas. The sprinklefing requirement can be waived if there is an alternative method for watedng plantings. The golf course is essentially a lawn and landscaping maintenance operation. An in-ground lawn irrigation system is not needed since the grounds would be properly maintained as they always have been. RECOMMENDATIONS Approve the resolution on pages 8-9. This resolution approves a conditional use permit for the Goodrich Golf Course and clubhouse expansion at 1820 Van Dyke Street. The council bases the permit on the findings required by code and it is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant must begin construction within one year after the council approves this permit or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit in one year. Bo Approve the plans (date-stamped May 26, 2000) for the Gooddch Golf Course Clubhouse addition, subject to the findings required by the city code. The developer shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. ,S~jbmit a grading, drainage and erosion control plan to the city engineer for approval pri~pr to getting a building permit. 3. Subr~it the landScape plan for plantings around the building to staff for approval. 4. All work shall follow the approved plans. The director of community development may approve minor changes. REFERENCE INFORMATION SITE DESCRIPTION Site size: 40,000 square feet Existing land use: Existing Goodrich Golf Course Clubhouse SURROUNDING LAND USES North: East: South: West: Goodrich Golf Course Goodrich Golf Course North St. Paul Road and the future Woodland Hills Church Goodrich Golf Dome PLANNING Land Use Plan designation: P (park) Zoning: F (farm residence) CUP Findings Section 36-442(a) states that the city council shall base approval of a CUP on the findings listed in the resolution on pages 8-9. p:sec14~gooddch.cup Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's letter dated May 26, 2000 5. Conditional Use Permit Resolution 6. Plans date-stamped May 26, 2000 (separate attachment) 3 Attachment 1 NORTH SAINT PAUl Attachment 2 G~.O GOODRICH ~o~ oo~ ,.~.~.. = ,., SOUTH ..~. ! , CHINA GOODRICH GOLF COURSE CLUBHOUSE :WOODLAND HILLS CHUR~ COUNTY - GOt. F COUR$I=' F SINGLE DWELLINGS ~KING PRICE IT 18th Gr~a 4 Attachment3 / / / SITE PLAN 6 Attachment 4 Parks and Recreation Deparanent Gregory/~. Mack, Director 2015 N. Van Dyke Street RAMSEY COUNTY Maplewood, MN 55109-3796 May 26, 2000 Tel: 651-748-2500 Fax: 651-748-2508 ~.co.ramsey.mn.us Ms. Melinda Coleman Community Development Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Dear Ms. Coleman: Ramsey County is requesting approval from the City of Maplewood to remodel the existing Goodrich Golf Course Clubhouse and construct a 1,700 square foot addition. The remodeled and expanded clubhouse will be operated in a similar manner as it is now and will provide more seating space for golf tournaments, meetings and other events. The existing clubhouse was constructed in the late 1960's and the golf course has been in operation since the mid-1950's. The building will improve the character of the surrounding area' and will not depreciate property values in the area. The use of the clubhouse will not create nuisances and will have no impact on current vehicular traffic on local streets. The public facilities will not be impacted in terms of cost or burden on the systems. The site of the clubhouse will be enhanced by incorporating the natural and scenic features as part of the public golf course. The clubhouse will cause no adverse environmental impacts and will continue to be used by the public as a recreation facility. The clubhouse operation will comply with all city ordinances. This statement accompanies the application and documentation as required by the City. Enclosed are design plans prepared by HCM Architects. There are also documents provided by the Ramsey County Property Records and Revenue Department that list the property owners and addresses for properties within 350 feet of the Goodrich Clubhouse site and the legal description for Goodrich Golf Course. Ramsey County intends to follow all of the standards established by the City of Maplewood in the development and use of the Goodrich Golf Course Clubhouse. Ramsey County requests that the City of Maplewood approve the remodeling and expansion of the Goodrich Golf Course Clubhouse. Thank you for your consideration of this request. Sincerely, Director of Operations KCF/jjh Enclosure 7 Mtnnesota*8 First Home Rule County printed on revered paper with a minimum of i~ post~)nsumer content CONDITIONAL USE PERMIT RESOLUTION Attachment 5 WHEREAS, Ramsey County applied for a conditional use permit for the Goodrich Golf Course and to add onto 1he clubhouse. WHEREAS, this permit applies to the property located at 1820 Van Dyke Street. The legal description is: SECTION 14, TOWNSHIP 29, RANGE 22, SUBJECT TO STREETS AND AVES AND EASEMENTS AND RIGHTS-OF-WAY AND EXCEPT PART OF N % OF SW 1/4 SOUTHEASTERLY OF NORTH ST. PAUL ROAD AND SOUTHWESTERLY OF HAZEL STREET AND EXCEPT THE WEST 810 FEET OF NORTH % OF SOUTHWEST 1/4 AND EXCEPT THE WEST 810 FEET OF THE SOUTH 235 8/10 FEET OF SOUTH % OF NORTHWEST 114 AND EXCEPT THE WEST 870 FEET OF THE SOUTH ½ OF THE NORTHWEST 1/4 LYING NORTH OF SAID SOUTH 235 8/10 FEET THE NORTH ~ OF SOUTHWEST 1/4 AND SOUTH ½ OF THE NORTHWEST 1/4 ALL IN SECTION 14, TOWNSHIP 29, RANGE 22. WHEREAS, the history of this conditional use permit is as follows: 1. On June 19, 2000, the planning commission recommended that the city council approve this permit. 2. On , the city council held a public headng. 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 from 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 runoff, 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. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant must begin construction within one year after the council approves this permit or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on 9 MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Tom Ekstrand, Associate Planner Conditional Use Permit Revision - Amusement City Expansion 1870 Rice Street June 2, 2000 INTRODUCTION Dan Betts, owner of Amusement City, 1870 Rice Street, is requesting approval to enlarge his facility to the south. He is proposing to extend his existing race track, add a new smaller track and put in a paint-ball field. Mr. Betts is also proposing to remodel the inside of a building currently used for video games as a pizza restaurant. Refer to the maps on pages 5-7 and the letter on page 8. Requests Mr. Betts is requesting that the city council approve a revision to his conditional use permit (CUP) to expand his facility and convert an existing building into a pizza restaurant. BACKGROUND Refer to the Past Actions on page 4. DISCUSSION CUP Revision I Facility Expansion Staff does not object to the proposed expansion. The property is best suited for a use such as Mr. Bett's proposal. This land is marginal due to its limited size, limited frontage and constraints due to the wetland. Wetland The wetland on the site is a Class 5 Wetland. This is the least significant wetland described in the wetland ordinance. The applicant does not have to provide any wetland-protection buffer, but must not encroach within it with the expansion. The plans show that the expansion would not encroach. Vehicle Complaints One continual problem at Amusement City and the Jerry Anderson Car Sale Lot on the south side of Roselawn Avenue is the parking of cars on the grass. Staff has given orders to the new owner of the car lot to remove all cars from the grass by July 1, 2000. Mr. Betts also has some vehicles parked on his property currently. I have informed him that these must be removed also by July 1, 2000. RECOMMENDATION Adopt the resolution on pages 9-11 to revise the conditional use permit for Amusement City at 1870 Rice Street. This revised permit is for the proposed facility expansion and the addition of a pizza restaurant in an existing building. The following revisions are based on the findings required by the code and subject to the following conditions (additions are underlined and deletions are crossed out): Th~ c;;'a~r$,'c,p~ratc, ra ,,f th~ d~vln~ .... ~,~,,av~, ,,4 CC,,T, pli=~ '""'" "- ,, ..... ~ .... , ....ddv[n~ .... The suspension of the ddvin9 range shall be in effect until a public headng has been held and the suspension by the ci~ ~uncil ended. The ~nditional use pe~it for the remainder of the facili~ is still in effe~. The pmpe~ o~er shall ~mply with the following revised ~nditions of approval: 1. Comply with the approved site plan dated ~ ,",'c,w,T,b~r 30, 1993, with the exception of the driving range which is hereby terminated. 2. Maintain the following site improvements: a. A refiectodzed stop sign at the Rice Street driveway. b. A stdped parking lot with at least 94 parking spaces as shown on the approved plan. The applicant shall have four handicap parking stalls and handicap-parking signs for each stall. There shall be at least one van-accessible space. (Americans with Disabilities Act requirement) c. A trash dumpster enclosure for any outside trash dumpsters. d. Direct or shield the lights so the bulbs are not directly visible from any public street. (code requirement) 2 3. All cars shall be removed from the non-paved areas. Specifically. all cars ~)arked on the 0Id driVinq ran(~e site must be removed bY July 1, 2000. 4. Future revisions to the approved site plan must come before the city council for their review 5_. The applicant must not encroach into the wetland with this expansion. 6~ The 45 "new" parking spaces shown on the plan must be paved, striped and have continuous concrete curbing around the entire parking lot, unless breaks are reouired by the city_ engineer for drainage reasons. PAST ACTIONS November 17, 1977: The city council approved the CUP for the amusement facility. October 22, 1981: Staff approved a racetrack addition. March 9, 1982: The design board approved the bumper boats, mini-golf and batting cages. Apdl 25, 1994: The council revised the CUP to include the ddving range. October 11, 1994: Staff approved a siding change for the equipment building. May 22, 1995: The council extended the CUP for one year. May 20, 1996: The council extended the CUP for another year. October 29, 1996: Ms. Carolyn Wilkerson submitted a petition, signed by 128 people, requesting that the city council close Amusement City's ddving range. November 25, 1996: The city council "moved to set a public headng to formally review the CUP to determine whether there are valid safety issues which should result in amending or revoking the permit.' March 10, 1997: The city council held a public headng to review Ms. Wilkerson's request. The council renewed the CUP, but required the owners of the ddving range to do the following: 1. Increase the height of the netting to 65 feet along the north side of the ddving range. 2. Aim the tee boxes, where practical, toward the southeast comer of the ddving range. 3. Cease stodng vehicles on the ddving range. 4. Provide verification that the business is using only Iow trajectory golf balls. 5. Submit a statement indicating how they will process claims for damages. The council also moved to review this permit again in one year. June 23, 1997: The city council amended the CUP to suspend the operation of the ddving range portion of this amusement facility because of complaints about golf ball damage, the stodng of vehicles on the site without the proper approvals and violation of CUP requirements that pertained to the ddving range. The CUP for the rest of the amusement facility is still in effect. March 30, 1998: The city council reviewed the CUP and authorized review again in one year. p:secl 8~amucityS.cup Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's Letter of Request 5. CUP Resolution 4 Attachment LFFTLE C~NADA ~ ~IKING DR. I.,~,L/RIE CT. lET. DOWNS BELL.WOOD AVE. SUMMER AVF.. tE3.MONT LA. PROPOSED o);, Pi~OPERTY OWNED DAN BETTS ;.- ~ ~, . :: ~ '; :; -AMUSEMENT CITY - -.;: ROSELAWN 'AVENUE EXPANSION AREA PUIvl PIN,G (I (5.5o ,~z..) PROPERTY NE/ZONING MAP 6 Attachment 3 EXISTING AMUSEMENT FACILITY CHALET LOUNGE RICE STREET PROPOSED EXPANSION AREA SITE PLAN AMUSEMENT CITY 7 · ' Attachment 4 L.B. AMUSEMENT CITY, INC. 1870 RICE ST. ST. PAUL, MN 55113 TO WHOM IT MAY CONCERN: Amusement City, Inc. located at 1870 Rice St., Maplewood, MN is expanding its operation. Which would include a Pizza Restaurant located in the front building. Also in addition to this we will be adding a third go cart track and a splat tag field. Sincerely, Dan Betts 8 CONDITIONAL USE PERMIT RESOLUTION Attachment 5 WHEREAS, the city council approved a conditional use permit for an amusement facility at 1870 Rice Street on November 17, 1977 and amended it several times since. WHEREAS, the property owner is requesting approval of a conditional use permit amendment to expand his amusement facility to the south onto vacant property and to convert an existing building into a pizza restaurant. WHEREAS, this permit applies to the following described property: EISENMENGER AND ZASPEL'S LAKE PARK, RAMSEY CO., MINN., SUBJECT TO ST AND AVE AND VAC STS AND ALLEYS ACCRUING, THE FOL A TRACT LYING NWLY OF SOO LINE RY R/VV OF THE FOL; LOTS 4 THRU 10 BLK 1, LOT 7 BLK2, LOTS 5 THRU 32 BLK 4, LOTS 12 THRU 25 BLK 6 AND ALL OF BLK 3. AND EISENMENGER AND ZASPEL'S LAKE PARK, RAMSEY CO., MINN., SUBJECT TO HWY THE FOL VAC ALLEY ACCRUING AND LOTS 33 THRU LOT 39 BLK 4. AND EISENMENGER AND ZASPEL'S LAKE PARK, RAMSEY CO., MINN. VAC ST AND ALLEY ACCRUING AND LOTS I THRU 4 BLK 4. WHEREAS, the history of this conditional use permit revision is as follows: 1. On ,2000, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on ,2000. 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 revise the above-described conditional use permit revision, based on the following reasons: 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. 9 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 oltter nuisances. The use would generate onJy minimal vehicular :.~,c 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. 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. Approval is subject to the following conditions: The suspension of the driving range shall be in effect until a public hearing has been held and the suspension by the city council ended. The conditional use permit for the remainder of the facility is still in effect. The property owner shall comply with the following revised conditions of approval: 1. Comply with the approved site plan dated May 16, 2000, with the exception of the driving range which is hereby terminated. 2. Maintain the following site improvements: a. A reflectorized stop sign at the Rice Street driveway. b. A striped parking lot with at least 94 parking spaces as shown on the approved plan. The applicant shall have four handicap parking stalls and handicap-parking signs for each stall. There shall be at least one van-accessible space. (Americans with Disabilities Act requirement) c. A trash dumpster enclosure for any outside trash dumpsters. d. Direct or shield the lights so the bulbs are not directly visible from any public street. (code requirement) 3. All cars shall be removed from the non-paved areas. Specifically, all care parked on the old driving range site must be removed by July 1, 2000. 4. Revisions to the approved site plan must come before the city council for their review. 5. The applicant must not encroach into the wetland with this expansion. 10 6. The 45 'new' parking spaces shown on the plan must be paved, striped and have continuous concrete curbing around the entire parking lot, unless breaks are required by the city engineer for drainage reasons. The Maplewood City Council approved this resolution on ,2000. 11 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner Zoning Code Change - Business Commercial(BC) District June 12, 2000 INTRODUCTION Request City staff is proposing a zoning code change about dwelling units in combination with business uses. This proposed change is in response to the city council's request from their meeting of May 8, 2000. Background On May 8, 2000, the city council approved a conditional use permit (CUP) and the design plans for Thomas Schaffhausen, of Sanas Capital Investments, to build a 5,300 square-foot office/warehouse facility at 1055 Gervais Avenue. Part of Mr. Schaffhausen's request was to keep an existing house on the property for an employee to live in. The city council approved this request and directed city staff to prepare a zoning code change to clarify and tighten the code language about residences in commercial zoning districts. BACKGROUND On June 5, 2000, the planning commission considered a proposed ordinance amendment for this matter. The commission had some concerns about the proposed ordinance and tabled action on the proposal to give staff time to draft changes. DISCUSSION Section 36-151 (a)(1) of the city code now says 'A dwelling unit for one family in combination with a business use' is a permitted use in the BC (business commercial) zoning district. However, there is some question about the c'~y's intention by adopting this code. That is, did the city intend the dwelling unit to be in or connected to the business building or did the city intend for the dwelling unit to just be on the same property as the business? It is staff's interpretation that the city did not intend the code to allow an existing single family home to remain when there is new development. However, Mr. Schaffhausen and his attorney believe that one could interpret the ordinance to mean that the residence and a business use on a property are permitted as long as there is connection between the residents and the business. Staff proposes to change the code to clarify that any dwelling unit must be in the same building as the principal commercial use on the site. RECOMMENDATION Approve the code change on page two. This code change clarifies the use of dwelling units with business uses. p:ord~bcresid.mem Attachment: 1. Code Amendment Resolution Attachment 1 ORDINANCE NO. AN ORDINANCE CHANGING SECTION 36-161 (BUSINESS coMMERCIAL) DISTRICT The Maplewood City Council approves the following changes to the Maplewood Code of O~dinances: Section 1. This section changes Sections 36-151( a )(1) as follows (additions are underlined and the deletions are crossed out): (1) A dwelling unit for one family when inside of the principal buildin.q of in co~b~n&t~on ~vlt,~ a business use. The dwellin.q unit and the principal business use must be in the same structure. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on ,2000. Attest: Mayor City Clerk Ayes - Nays - 2