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HomeMy WebLinkAbout08/04/1997BOOK MAPLEWOOD PLANNING COMMISSION Monday, August 4, 1997 7:00 PM City Hall Council Chambers 1830 County Road B East (3all to Order Roll Call Approval of Minutes July 21, 1997 Approval of Agenda 5. New Business a. Quality Restoration Services Conditional Use Permit (Frost Avenue) b. Street and Alley Vacations (west of Ariel Street, south of County Road (3) o Visitor Presentations Commission Presentations a. July 28 Council Meeting: Mr. Rossbach b. August 11 Council Meeting: Mr. Thompson c. August 25 Council Meeting: Ms. Ericson 8. Staff Presentations 9. Adjoumment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. After eve~one 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. jwlpc~pcagd Revised: 01/95 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA JULY 21, '1997 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Bunny Brueggeman Commissioner Barbara Ericson Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Kevin Kittridge Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson Absent Present Present Present Absent Present Present Present III. APPROVAL OF AGENDA Commissioner Rossbach moved approval of the agenda, amended to include the planning commission minutes of July 7, 1997, as Item 5. B. Commissioner Thompson seconded. Ayes--all The motion passed. IV. NEW BUSINESS A. Saint Paul Water Utility Conditional Use Permit--Building Additions (1900 Rice Street) Ken Roberts, associate planner, presented the staff report. Kou Vang, of the St. Paul Water Utility, had no comment on the report. Brad Eilts, also of the water utility, said the building expansions would only be for increased storage of processing chemicals and would not change the nature of any discharged water. Commissioner Frost moved the Planning Commission recommend: Approval of the resolution which approves the conditional use permit to build three new chemical buildings at 1900 Rice Street North. The city bases this permit on the findings required by the code and 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. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. Planning Commission Minutes of 07-21-97 -2- Commissioner Ericson seconded. Ayes--all The motion passed. B. Saint Paul Water Utility Conditional Use Permit--Lagoon Rehabilitation Mining Ken Roberts, associate planner, summarized the staff report. Brad Eilts, of the Saint Paul Water Utility, requested that the city not require a special cleaning process of the truck wheels. He felt the Class 5 roadways on the site should eliminate the need for this requirement. Ken Haider, city engineer, said the city needed a provision in case the trucks had to go off these hard roads. Mr. Roberts explained that this condition in the resolution was not primarily intended to address how the dirt was removed from the wheels. It was just to ensure that it would be removed. Commissioner Thompson was concerned about spillage of lime on Roselawn Avenue after the trucks leave the water utility site. Mr. Eilts said they were trying to address this potential problem by requiring tanker trucks and a pumping process for loading them. He explained how the new dewatering facility basically captures all the solids and sends the cleaner water to the lagoons. The water then will be pretreated to go back to the plant or to Trout Brook. Mr. Eilts said the contractor for this mining operation plans to lower a cable into the lagoon and pump the material to tanker trucks. Carolyn Peterson, of 1999 Jackson Street North, was present representing the Maplewood Neighborhood Advisory Council. Mr. Eilts addressed five concerns that Ms. Peterson had presented to the city: landscaping, noise from the pumps, dust, speed on the roads, and lagoon elevations. She referred to the minutes of the February 27, 1989, city council meeting. A condition for approval of a conditional use permit at that time was a landscape design plan for the entire site surrounding Sandy Lake. Ms. Peterson said this has never been done. Ms. Peterson is requesting that the applicant be required to submit a plan to the advisory committee within a certain period of time. She said the lagoons look "pretty good" when two to three feet of water is kept on the top. Mr. Eilts proposed that the city allow the water utility to begin cleaning the first lagoon now. He suggested that the landscape plan be required next year when the utility applies for a mining permit to clean the second lagoon. Ken Haider thought the condition should state that no additional annual permits would be granted until the landscape plan is approved. Commission members proposed additional conditions to incorporate the concerns of the advisory committee in the recommendation. Commissioner Thompson moved the Planning Commission recommend adoption of the resolution which approves a conditional use permit to allow mining and hauling of the extracted material from the four small lagoons north of Roselawn Avenue and east of the railroad tracks. Approval is based on the findings required by the ordinance and is subject to the following conditions: The water utility and contractor shall follow the requirements in Article IV (Mining) of Chapter 36 of the City Code. Trucks entering this site shall enter the property from County Road B and follow the road along the west side of the property, at the speed of not more than five mph, to the loading area. Trucks leaving this site shall exit the property and travel west on Roselawn to Rice Street. Planning Commission Minutes of 07-21-97 -3- The operator or contractor shall get a mining permit approved by the City Engineer each year. No work shall be done without an annual permit. This permit shall state the amount of material that can be removed each year. The operator or contractor shall submit a site plan each year, including grading, drainage and erosion control information. The grading plan shall include contours of the existing and final grades. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control Handbook. All work shall follow the annual plan and permit. 4. There shall be no explosive detonations of any kind on the site. 5. The contractor or operator shall install, maintain and use a suitable structure or method to remove excess dirt or other material from trucks and trailer tires before entering a public street from the site. The contractor/operator shall submit a plan for this structure to the City Engineer for approval. 6. The permit holder is responsible for acquiring any permits from other agencies. 7. This permit shall end on December 1, 2001. 8. The applicant shall submit a landscape design plan for the area covered by this permit. This plan shall be presented to the Maplewood Neighborhood Advisory Council and the Maplewood City Council for review and approval by the spring of 1998. No additional permits shall be issued until the landscape plan is approved. 9. All possible efforts to reduce noise at the source during the mining operations shall be used. 10. Apply calcium chlorate on the road to reduce the dust created by the hauling trucks. 11. The applicant shall work to keep the elevation of the water in the lagoons 2-3 feet below the top of the lagoons during normal operation. The City Council shall not review this permit again unless there is a problem. 12. Commissioner Pearson seconded. Ayes~all Co The motion passed. Haller's Woods (Sterling Street): Subdivision Code Variation (Long Dead-End Streets), Preliminary Plat, Permanent Relaxed Urban Street Design, Subdivision Code Variation (Street Right-of-Way Width), Zoning Map Changes (F-[Farm Residence] to RE-40 [Residential Estate 40,000]), Front and Rear Yard Setbacks, and No-Parking for Both Sides of the Streets Ken Roberts, associate planner, presented the staff report. Ken Haider, city engineer, said there was no physical reason to require the 80-foot-wide right-of-ways---60 feet would be adequate. Mr. Roberts said the RE zoning code is not as detailed in lot width requirements as the R-1 code. He said each building permit would be closely reviewed for location of the building pad in relation to drainfields, etc. Commissioner Frost was concerned about trees being planted in secondary septic sites. Mr. Frost also felt strongly that homeowners should be informed of proper maintenance and use of septic systems. Mr. Haider said an erosion control plan and escrow would need to be submitted before any grading was done on the site. Mr. Roberts said only the developer is required to submit a grading Planning Commission Minutes of 07-21-97 plan. The builder is allowed to remove trees from the individual lot. Peter Knaeble, of Terre Engineering, Inc. (the engineer for the project), addressed some of the issues. He said one of the advantages of the relaxed urban street design is that the quality of the runoff water downstream is better when it is run through ditches rather than concrete pipes. Mr. Knaeble noted that the Ramsey-Washington Watershed District will be monitoring the runoff calculations and construction. He said it was their interpretation, and that of their attorney, that with the R-40 zoning district the 140-foot lot width is measured where the building is placed. Mr. Knaeble said they concurred with the recommendations in the staff report. Commissioner Rossbach had a problem with the length and grade of the driveways in Lots 12 and 13. He questioned how any type of emergency service in inclement weather could be provided. Carl Tollefson, the developer, felt this type of driveway was not unusual for the class of homes that will be built on these lots. Commissioner Thompson felt the drainage issue was not adequately addressed. Mr. Knaeble said this site has its own natural drainage system that removes the water. Their intent is to utilize this and direct their ditches and stormwater into the natural drainage ways. Commissioner Rossbach moved the Planning Commission recommend: Adopt the resolution which approves a code variation for the long cul-de-sac streets in the Haller's Woods preliminary plat. The city approves this variation because: 1. The variation will lessen the amount of grading, ground disturbance and street construction in the development. 2. The city has approved similar code variations for cul-de-sacs in the Budd Kolby and Oak Ridge Additions. Commissioner Ericson seconded. The motion passed. Ayes--all Commissioner Rossbach said he had two problems with Lots 11, 12 and 13. One was the location of the houses and the access to them. The other objection was to the way the lots look. Mr. Rossbach said that normally a certain amount of street frontage is associated with a lot. For these reasons, he indicated that he would not vote for Item B of the recommendation. Commissioner Frost thought the long driveways and positioning of the houses was a matter of personal property rights versus city responsibility. Commissioner Ericson moved the Planning Commission recommend: Bo Approval of the Haller's Woods preliminary plat (received by the city on June 10, 1997). 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: 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. Planning Commission Minutes of 07-21-97 -5- Co do Have NSP install street lights in two locations, primarily at street intersections. The exact location and type of lights shall be subject to the city engineer's approval. Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. Install survey monuments along the wetland boundaries. Provide all required and necessary easements. Pay the city for the cost of traffic-control, street identification and no-parking signs. Demolish or remove the existing house, building and junk from the site. Abandon any unused wells or septic systems within the plat, subject to the Environmental Health Official's approval. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall meet the following conditions: The erosion control plans shall be consistent with the city code. The grading plan shall: (2) (3) (4) (5) (6) (7) (8) Include building pad elevation and contour information for each home site. Include contour information for the land that the construction will disturb. Show sedimentation basins as required by the watershed board. Show housing styles that reduce the grading on sites where the developer can save large trees. All proposed slopes steeper than 3:1 shall be identified on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. Show all retaining walls on the plans. Any retaining walls more than 4 feet tall require a building permit from the city. Show street grades as allowed by the city engineer. Show how the contractor will clean up and stabilize the stream and channel on Lot 17 between the pipeline and the 27-inch culvert under Sterling Street. Planning Commission Minutes of 07-21-97 -6- 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 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. do The streets shall be a 9-ton design with a maximum street grade of 8 percent and the maximum street grade within 75 feet of a street intersection of 2 percent. If approved by the city council, the streets shall be permanent relaxed urban design as outlined in Section 29-52(a)(5) of the city code with no parking on both sides. The drainage plan shall not increase the run-off leaving the site above the current (predevelopment) levels. 3. Change the plat as follows: ao Add and change drainage and utility easements as required by the city engineer. This shall include having a 30-foot-wide drainage and utility easement centered on the stream that follows the north property line of Lot 16. bo 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. Show Sterling Avenue as Sterling Street, Street A as Hailer Lane and Street B as Hailer Court on the final plat and construction plans. Show the wetland boundaries on the final plat as approved by the watershed district. Move the common property line between Lots 14, 15, 17 and 16 so that it follows the center of the stream. 4. Provide all easements required by the city engineer. These shall include: ao Wetland easements over the wetlands and any land within 100 feet surrounding a wetland. The easement shall prohibit any building or structures within 100 feet of the wetland or any mowing, cutting, filling, grading or dumping within 100 feet of the large wetland or within the wetland itself. Planning Commission Minutes of 07-21-97 -7- Co b. A stream buffer easement that is at least 50 feet wide on each side of the stream that is along the north line of Lot 16. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the wetlands and the stream from fertilizer and runoff. They also are to protect the wetland habitat and the stream from encroachment. 5. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developers agreement any grading that the developer or contractor has not completed before final plat approval. 6. Record the following with the final plat: a. A deed dedicating a 100-foot-wide wetland buffer easement surrounding any wetland. b. A deed dedicating a 100-foot-wide (50 feet on center) stream buffer easement for the stream that follows the north property line of Lot 16. c. ^ deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 16, 17 and 18 of the proposed preliminary plat the city received on June 10, 1997. The developer also shall notify the purchasers of the pipeline location. d. ^ covenant or deed restriction that prohibits driveways on Lots 1, 17, 18 and 23 from going onto Sterling Street. e. A covenant or deed restriction requiring all wells be drilled into the Saint Peter aquifer, the Jordan formation, or the Ironton-Galesville aquifer. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 7. Show the wetland boundaries on the plat as delineated on the site. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to conform to wetland regulations. 8. The driveway for Lot 16 shall have a turn around with the house. 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 using permanent relaxed urban streets in Haller's Woods. Planning Commission -8- Minutes of 07-21-97 Do Adoption of the resolution which approves a code variation to have 60-foot-wide street right- of-ways in the Haller's Woods development. The city should approve this code variation because: 1. The variation will lessen the amount of grading and ground disturbance in the development. 2. The additional right-of-way is not necessary for public health, safety, welfare or convenience. Eo Adoption of the resolution which changes the zoning map from F (farm residence) to RE - 40 (residential estate 40,000). This rezoning is for the property proposed as Haller's Woods development east of Sterling Street, north of 1630 Sterling Street. The city bases this rezoning on the findings required by the code and because the developer wants to develop the site with large lot single dwellings. Approve flexible front and rear yard setbacks for the Haller's Woods development. The setbacks shall be as follows: 1. Front yard setback - minimum - 30 feet - maximum - none 2. Rear yard setback- minimum - 50 feet - maximum - none 3. Side yard setback - as the zoning code requires Adoption of the resolution which approves having no parking on both sides of the streets in the Haller's Woods development, east of Sterling Street. Commissioner Frost seconded. Commissioner Rossbach moved the Planning Commission divide Item B from Items C through G of the Haller's Woods recommendations for vote. Commissioner Frost seconded. The motion passed. Ayes--Fischer, Frost, Pearson, Rossbach, Thompson Nays--Ericson Approval of the Haller's Woods preliminary plat (received by the city on June 10, 1997). 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. Planning Commission Minutes of 07-21-97 -9- Co Have NSP install street lights in two locations, primarily at street intersections. The exact location and type of lights shall be subject to the city engineer's approval. Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. e. Install survey monuments along the wetland boundaries. f. Provide all required and necessary easements. go Pay the city for the cost of traffic-control, street identification and no-parking signs. ho Demolish or remove the existing house, building and junk from the site. Abandon any unused wells or septic systems within the plat, subject to the Environmental Health Official's approval. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. bo The grading plan shall: (1) Include building pad elevation and contour information for each home site. (2) Include contour information for the land that the construction will disturb. (3) Show sedimentation basins as required by the watershed board. (4) Show housing styles that reduce the grading on sites where the developer can save large trees. (5) All proposed slopes steeper than 3:1 shall be identified on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. (6) Show all retaining walls on the plans. Any retaining walls more than 4 feet tall require a building permit from the city. (7) Show street grades as allowed by the city engineer. (8) Show how the contractor will clean up and stabilize the stream and channel on Lot 17 between the pipeline and the 27-inch culvert under Sterling Street. Planning Commission Minutes of 07-21-97 -10- 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 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. The streets shall be a 9-ton design with a maximum street grade of 8 percent and the maximum street grade within 75 feet of a street intersection of 2 percent. If approved by the city council, the streets shall be permanent relaxed urban design as outlined in Section 29-52(a)(5) of the city code with no parking on both sides. fo The drainage plan shall not increase the run-off leaving the site above the current (predevelopment) levels. 3. Change the plat as follows: Add and change drainage and utility easements as required by the city engineer. This shall include having a 30-foot-wide drainage and utility easement centered on the stream that follows the north property line of Lot 16. 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. Co Show Sterling Avenue as Sterling Street, Street A as Hailer Lane and Street B as Hailer Court on the final plat and construction plans. Show the wetland boundaries on the final plat as approved by the watershed district. Move the common property line between Lots 14, 15, 17 and 16 so that it follows the center of the stream. 4. Provide all easements required by the city engineer. These shall include: ao Wetland easements over the wetlands and any land within 100 feet surrounding a wetland. The easement shall prohibit any building or structures within 100 feet of the wetland or any mowing, cutting, filling, grading or dumping within 100 feet of the large wetland or within the wetland itself. Planning Commission Minutes of 07-21-97 -11- o A stream buffer easement that is at least 50 feet wide on each side of the stream that is along the north line of Lot 16. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water mark (OHWM) of the stream. The purpose of these easements is to protect the water quality of the wetlands and the stream from fertilizer and runoff. They also are to protect the wetland habitat and the stream from encroachment. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developers agreement any grading that the developer or contractor has not completed before final plat approval. 6. Record the following with the final plat: A deed dedicating a 100-foot-wide wetland buffer easement surrounding any wetland. bo A deed dedicating a 100-foot-wide (50 feet on center) stream buffer easement for the stream that follows the north property line of Lot 16. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 16, 17 and 18 of the proposed preliminary plat the city received on June 10, 1997. The developer also shall notify the purchasers of the pipeline location. A covenant or deed restriction that prohibits driveways on Lots 1, 17, 18 and 23 from going onto Sterling Street. A covenant or deed restriction requiring all wells be drilled into the Saint Peter aquifer, the Jordan formation, or the Ironton-Galesville aquifer. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. Show the wetland boundaries on the plat as delineated on the site. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to conform to wetland regulations. 8. The driveway for Lot 16 shall have a turn around with the house. 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. Planning Commission Minutes of 07-21-97 -12- Ayes--Ericson, Fischer, Frost, Pearson, Thompson Nays--Rossbach Commissioner Pearson said he was "reluctantly voting aye" because he had a real concern for drainage. Commissioner Fischer voted yes on the assumption that staff was correct in their interpretations of whether variances are need on the lot frontages. The motion passed. C. Approve using permanent relaxed urban streets in Haller's Woods. Adoption of the resolution which approves a code variation to have 60-foot-wide street right- of-ways in the Haller's Woods development. The city should approve this code variation because: 1. The variation will lessen the amount of grading and ground disturbance in the development. 2. The additional right-of-way is not necessary for public health, safety, welfare or convenience. Adoption of the resolution which changes the zoning map from F (farm residence) to RE - 40 (residential estate 40,000). This rezoning is for the property proposed as Haller's Woods development east of Sterling Street, north of 1630 Sterling Street. The city bases this rezoning on the findings required by the code and because the developer wants to develop the site with large lot single dwellings. Approve flexible front and rear yard setbacks for the Haller's Woods development. The setbacks shall be as follows: 1. Front yard setback- minimum - 30 feet - maximum - none 2. Rear yard setback- minimum - 50 feet - maximum - none 3. Side yard setback - as the zoning code requires Adoption of the resolution which approves having no parking on both sides of the streets in the Haller's Woods development, east of Sterling Street. The motion passed. Ayes--all Commissioner Frost suggested the city consider a management program for on-site septic systems in the city. He felt the homeowners simply do not know the proper maintenance procedures. Planning Commission Minutes of 07-21-97 -13- VI. VISITOR PRESENTATIONS ^. Associate Planner Ken Roberts introduced Chad Bergo, the planning department intern who prepared the two St. Paul Water Utility reports that were on tonight's agenda. B. Planning Commission Minutes of July 7, 1997 Commissioner Rossbach moved approval of the minutes of July 7, 1997, as submitted Commissioner Ericson seconded. The motion passed COMMISSION PRESENTATIONS Ayes--Ericson, Fischer, Pearson, Rossbach, Thompson Abstention--Frost A. June 23 Council Meeting: Ms. Fischer reported on this meeting at the July 7 meeting. B. July 14 Council Meeting: Mr. Roberts reported on this meeting. C. July 28 Council Meeting: Mr. Rossbach will attend this meeting. D. August 11 Council Meeting: Mr. Thompson will attend this meeting. VII. STAFF PRESENTATIONS There were no staff presentations. VIII. ADJOURNMENT The meeting adjourned at 9:38 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Chad Bergo, Community Development Intern Conditional Use Permit - Quality Restoration Services Frost Avenue, South of Flicek Field July 29, 1997 INTRODUCTION Project Description Roger McGuire and Robert Machacek, of Quality Restoration Services, are requesting a conditional use permit (CUP) for an outside storage yard for their ground restoration equipment such as trucks and trailers. There would also be occasional storage of dirt piles and miscellaneous materials, like cable spools, brought back from a site for disposal later. This site is on the south side of Frost Avenue across from Flicek Park. (The site is the former location of Maplewood Auto Clinic, which was addressed as 1160 Frost Avenue. Maplewood Auto Clinic burned down two years ago.) Refer to maps and plans on pages 5-7 and the applicant's letter On page 8. Code Requirement City code requires a CUP for a parking lot as a principal use, for trucking terminals and for outdoor storage in a M-1 (light manufacturing) district. DISCUSSION Site Conditions The site is much neater than it was when Maplewood Auto Clinic was in operation. Cleanup, however, is needed. There are at least five junk cars, miscellaneous car parts, dirt piles, spools of cable, empty cable spools and a sod pile to give examples of the materials and debris on the site. There are also five dumpsters owned by R. C. Company being stored on the site. If the council approves this permit, the applicant should be required to remove all materials not associated with Quality Restorations debris and clean up the entire site. The city council should also limit material storage on the site to 25 percent to keep the site from becoming covered with miscellaneous stored items. Neighbors' Concerns-Noise, Traffic and Affect on Property Values Staff does not have any concern with Quality Restoration's proposal and operation. They are currently operating from this site as a renter. We have not received any complaints from neighbors about their operation. As mentioned above, the site is cleaner and nearer than it was. Traffic is not expected to increase over its present level. As for affect on property values, the site has been a storage yard for many years and will continue to be used as such. Staff cannot make the determination that there would be any negative impact on property values, especially since the site is considerably cleaner and more orderly than in the past. One neighbor was concerned about vehicles waking them up between five and six in the morning. Mr. Machacek told me that their hours of work are typically from 6:30 a.m. to about 6:30 p.m. Sometimes certain jobs will keep workers out until 8 or 9 p.m. He was not aware of any earlier start. Future Building Proposal and Parking Lot Paving The applicant plans to build a permanent building in the future. They must submit the architectural and site plans for design board approval before applying for a building permit. This back lot has always been an unpaved parking area ever since its creation as a storage yard. The city code requires paving for new developments. We have the opportunity to require paving now through the CUP process. Staff does not feel that any good would be served by requiring paving at this time. When the building is proposed, the applicant should be required to pave parking spaces. Paved spaces for the truck parking is not warranted at this time. Landscaping/Screening The site is partially screened from the neighbors to the west and Frost Avenue to the north by trees and vines on the fence. The homeowners to the west also have their own screening fences and trees. The city council could require additional screening if they felt it was needed. Conclusion The city council should approve this CUP. Quality Restorations has not been a nuisance and the site is much cleaner than it was. RECOMMENDATION Adopt the resolution on pages 10-11. This resolution approves a conditional use permit to allow an outdoor storage yard south of Frost Avenue, east of Edward Street (formerly 1160 Frost Avenue. Approval is based on the findings required by code, subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 11, 1997. The director of community development may approve minor changes. 2. The city council shall review this permit in one year. 3. Clean the site by removing all vehicles, unused and inoperable equipment, sod piles, unusable dirt piles, debris and all other unused/unusable items. The temporary storage of work-related materials, such as dirt piles and cable spools, for example, may be permitted. These materials may be kept on site for no more than one month. No more than 25 percent of the site shall be used for the storage of such materials. 2 CITIZENS' COMMENTS We had sent surveys to the 15 property owners within 350 feet of this site. Of the eight replies, four were in favor and four objected. In Favor 1. The past tenants were not as neat, quiet, or professional as Mr. McGuire. ($nyder, 1890 Phalen Place) I am very well pleased with the way he has fixed it up and cleaned it up. I am happy with what Mr. McGuire is doing there now. I have lived here 27 years and that is the best rve seen it look. (Johnston, 1896 Phalen Place) 3. They have cleaned up the area, and it will improve the business climate. (Lawrence and Johnson, 2067 Mesabi Avenue) 4. It is OK with me. (Kuhlman, 1187 Frost Avenue) Objections 1. There is enough traffic on Frost/English without adding more trucks. Also, how large will the proposed building be to house their corporate office? (Carlson, 1884 Phalen Place) 2. It would look like a junk yard. (Aaughn, 1856 Phalen Place) 3. The current use of vehicles is waking us up between five and six in the morning and we are concerned as to what this will do to our property value. (Coonce, 1904 Phalen Place) 4. Refer to the letter on page 9. (Ibrahim, 1862 Phalen Place) REFERENCE INFORMATION SITE DESCRIPTION Site size: 2.35 Acres Existing land use: Storage yard SURROUNDING LAND USES North: Frost Avenue and Flicek Field South: Gloster Park West: Maplewood Marine and single dwellings East: Undeveloped property owned by Maplewood and designated as Open Space PLANNING Land Use Plan designation: M-1 Zoning: M-1 Ordinance Requirements Section 36-151 (b)(4) requires a CUP for exterior storage. Section 36-187 (a)(3) requires a CUP for a trucking yard or terminal in a M-1 district. Section 36-437 (4) requires a CUP for an off-street parking lot as a principal use in a M-1 zone. Findings for CUP Approval Section 36-442(a) states that the city council must base approval of a CUP on nine standards for approval. Refer to findings one through nine in the resolution on pages 10-11. p:sec16\quality.cup Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's letter dated June 11, 1997 5. Letter from Susan Ibrahim dated June 27, 1997 6. Conditional Use Permit Resolution 4 Attachment LAURIE ~LIRK[ AV. BFJ. LWOOD CONNOR CouNTY NOR GERVAIS ,JUNCTION FROS% ~ C SHERREN AVE. Lake AVE LARK LAURIE AVE. CO. ROSDII( SAINT PAUL LOCATION MAP F Attachment 2 1 FLICEK FIELD BASEBALL PARK ~ FROFST AVE NE~, ~Z64l BLACKTOP,,", DRIVEWAY CO. pR'~PO~SED UALITY RESTORATION SERVICES, INC. TRUCK PARKING SITE ,J'i: MAPLEWOOD PARK ·" ' ll PROPERTY LINE I ZONING MAP J J ,~ ' 6 . Attachment 3 Truck and Trailer Parking :lob Trailer (EXISTING) Storage Shed (EXISTING) Employee Parking FROST AVENUE Yard Entrance SITE PLAN Attachment 4 QUALITY RESTORATION SERVICES, INC. STATEMENT OF INTENDED USE FOR PROPERTY LOCATED ON FROST AVENUE We are a company engaged in restoration work for various utility companies. The property is currently being used as a storage facility for junk cars, trailers, dumpsters, etc. Initially, we intend to use the property as a yard for parking of equipment that we use on a daily basis. This would consist of trucks, trailers, etc. All of our equipment is new and would be parked each night in an orderly fashion. Please see the enclosed diagram which shows how we see the property being used. Our long range plans include construction of a building on the property where we will have our corporate offices. 8 Attachment 5 It is my desire to live in a quiet and peaceful residential area..Bringing in heavy trucks and equipment will create an atmosphere of an industrial area. Noise pollution will certainly increase, I'm sure, to an unacceptable level. I do not want to live in an industrial area. I sold my previous home because of the noise of the continual traffic on 1-94, especially trucks. I moved in to my present house after the car repair shop burned down and moved to another site. I would not have purchased the home if the car repair shop was still operating because of the noise of the power tools used in that trade. I would also be concerned of any future developments after Mr. McGuire was allowed to move in. Please do not destroy the serenity of the area. The storage of junk cars, etc., is also unsightly and should be removed. What' can be done to .clean it up? ..... :.., . 1862 Phalen Place Maplewood, MN 55109 Attachment 6 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Roger McGuire, representing Quality Restoration Services applied for a conditional use permit to operate an outdoor storage yard. WHEREAS, this permit applies to the property located on the south side of Frost Avenue, formerly addressed as 1160 Frost Avenue. The legal description is: VACATED ALLEY ACCRUING AND FOLLOWING, LOTS 1 THRU 10 AND LOTS 16 THRU 20, BLOCK 1, KAVANAGH AND DAWSON'S ADDITION TO GLADSTONE. AND VACATED ALLEY ACCRUING AND FOLLOWING, LOTS 11 THRU LOT 15, BLOCK 1, KAVANAGH AND DAWSON'S ADDITION TO GLADSTONE. WHEREAS, the history of this conditional use permit is as follows: 1. On permit. , the planning commission recommended that the city council approve this The city council held a public hearing on 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. At this meeting, the council tabled action on this request. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water 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. ]0 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 11, 1997. The director of community development may approve minor changes. The city council shall review this permit in one year. The property owner shall clean the site by removing all vehicles, unused and inoperable equipment, sod piles, unusable dirt piles, debris and all other unused/unusable items. The temporary storage of work-related materials, such as dirt piles and cable spools, for example, may be permitted. These materials may be kept on site for no more than one month. No more than 25 percent of the site shall be used for the storage of such materials. The Maplewood City Council approved this resolution on 1997. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Chad Bergo, Community Development Intern Street and Alley Vacations West of Ariel Street and south of County Road C July 28, 1997 INTRODUCTION Maplewood city staff is asking city council to vacate several unused streets and alleys. These are west of Ariel Street and south of County Road C. They include parts of Oak Avenue, Connor Avenue, Demont Avenue, Edgehill Road, German Street and undeveloped alleys between Ariel Street and White Bear Avenue. Refer to the maps on pages 3 and 4. BACKGROUND On 2-13-89, the city council vacated a portion of Oak Avenue abutting Lots 16 through 24, Block 1 for the following reasons: 1. The adjoining property owners have no interest in improving the street. 2. The adjoining properties have adequate street access. 3. This street segment is not needed for area traffic circulation or emergency vehicle access. DISCUSSION The city is requesting these vacations because it has no plans to develop these streets and alleys. There is a large wetland between German Street and Ariel Street, south of County Road C. Ramsey County owns 11.6 acres of land for open space, south of County Road C. (See the map on page 4) Because of the wetlands and open space, it is not necessary for the city to keep these right-of-ways. The city must keep a utility and drainage easement over the vacated right-of-ways for existing sanitary and storm sewers. RECOMMENDATION Adopt the resolution starting on page 5. This resolution vacates the unused portions of Oak Avenue, Connor Avenue, Demont Avenue, Edgehill Road, German Street and alleys between Ariel Street and White Bear Avenue. The city should vacate these street right-of-ways because: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build streets or alleys in these locations. 3. The adjacent properties have street access. This vacation is subject to the city keeping utility and drainage easement over all of the vacated street right-of-ways. REFERENCE SITE DESCRIPTION Existing land use: Undeveloped SURROUNDING LAND USES North: Residential East: Ariel Street South: Multifamily Residential West: Commercial p:secl 1/street. vac Attachments: 1. Location Map 2. Property Line Map 3. Section 11 Vacation Resolution Attachment 1 COUNTY 1. SUMMIT CT. 2. COUNTRYVlEW CIR. 3. DULUTH CT. 4. LYOL~ ST. KOHLMAN RA~SEY COUNTY COURT KOHLMAN W DEMONT BROOKS AVE. EDGEHILL GERVNS SH£RR£N AVE. KT/.~____j~i L~ke AVE:. LARK COPE AVE. JUNCTION AVE. ROSE'WO00 AV~. N. LOCATION~ MAP 1 ~ Attachment 2 County Road C -- '',l Bachman's Nursery 2600 ~3~0 Mogren'~' National Tire & Battery Ramsey County Open Space" 11.6 Acres Attachment 3 STREET VACATION RESOLUTION WHEREAS, City of Maplewood applied for the vacation of the following-described street right-of- ways: The alley that is south of County Road C and north of the Oak Avenue right-of-way, and between the west right-of-way of Ariel Street and the east right-of-way of German Street, in Block 1, Maplewood Addition in Section 11, Township 29, Range 22. The portion of Oak Avenue right-of-way that is between the west right-of-way of Ariel Street and the east right-of-way of German Street, Maplewood Addition in Section 11, Township 29, Range 22. The alley that is south of the Oak Avenue right-of-way and north of the right-of-way Edgehill Road, and between the west right-of-way of Ariel Street and the east right-of- way of German Street, in Block 4, Maplewood Addition in Section 11, Township 29, Range 22. The portion of Edgehill Road right-of-way that is between the west right-of-way of Ariel Street and the east right-of-way of White Bear Avenue, Maplewood Addition in Section 11, Township 29, Range 22. 5. The alley that is south of the Edgehill Road right-of-way and north of the Connor Avenue right-of-way, and between the west right-of-way of Ariel Street and the west right-of-way of German Street, in Block 5, Maplewood Addition in Section 11, Township 29, Range 22. o The portion of Connor Avenue right-of-way that is between the west right-of-way of Ariel Street and the west right-of-way of German Street, Maplewood Addition in Section 11, Township 29, Range 22. The alley that is south of the Connor Avenue right-of-way and north of the Demont Avenue right-of-way, and between the west right-of-way of Ariel Street and the west right-of-way of German Street, in Block 5, Maplewood Addition in Section 11, Township 29, Range 22. The portion of the Demont Avenue right-of-way that is between the west right-of-way of Ariel Street and the west right-of-way of German Street, Maplewood Addition in Section 11, Township 29, Range 22. 9. The portion of German Street right-of-way that is between the center of the Demont Avenue right-of-way and the north right-of-way line of the Edgehill Road right-of-way, Maplewood Addition in Section 11, Township 29, Range 22. WHEREAS, the history of these vacations is as follows: On August 4, 1997, the planning commission recommended that the city council approve the vacations. On , the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting properties: 1. Lots 1-15, Block 1, and Lots 16-30 Block 1, Maplewood Addition, in Section 11, Township 29, Range 22. 2. Lots 16-30, Block 1, and Lots 1-15 Block 4, Maplewood Addition, in Section 11, Township 29, Range 22. 3. Lots 1-15, Block 4, and Lots 16-30 Block 4, Maplewood Addition, in Section 11, Township 29, Range 22. Lots 16-24, Block 4, and Lots 1-15, Block 5, that part of Lots 1-9, Block 6 lying north of the Ramsey County open space (PIN 11-29-22-21-0019), Maplewood Addition, in Section 11, Township 29, Range 22. 5. Lots 1-15, Block 5, and Lots 16-30 Block 5, Maplewood Addition, in Section 11, Township 29, Range 22. 6. Lots 16-30, Block 5, and Lots 1-15 Block 8, Maplewood Addition, in Section 11, Township 29, Range 22. 7. Lots 4-15, Block 8, and Lots 16-27 Block 8, Maplewood Addition, in Section 11, Township 29, Range 22. 8. Lots 16-30, Block 8 Maplewood Addition, in Section 11, Township 29, Range 22. 9. Lots 15 & 16, Block 8, Lots 15 & 16, Block 5, Lot 1, Block 7, Lot 30 and all of Lot 1, Block 6, in Section 11, Township 29, Range 22. 6 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacations for the following reasons: It is in the public interest. The city and the applicant have no plans to build streets or alleys in these locations. The adjacent properties have street access. This vacation is subject to the city keeping utility and drainage easement over all the street right-of-ways. The Maplewood City Council adopted this resolution on ,1997. '7