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HomeMy WebLinkAbout10/20/1997BOOK 1. Call to Order 2. Roll Call MAPLEWOOD PLANNING COMMISSION Monday, October 20, 1997 7:00 PM City Hall Council Chambers 1830 County Road B East 3. Approval of Minutes September 2, 1997 4. Approval of Agenda 5. New Business a. Utility Easement Vacation -1866 East Shore Drive Erickson Freedom Center Conditional Use Permit - Beam Avenue and Hazelwood Street c. Rezoning (F to BC) - 2500 White Bear Avenue d. Rezoning (R-1 to BC-M) - 2836 White Bear Avenue 6. Visitor Presentations 7. Commission Presentations a. September 8 Council Meeting: Mr. Rossbach b. September 22 Council Meeting: Ms. Fischer c. October 13 Council Meeting: Mr. Kittfidge d. October 27 Council Meeting: Mr. Pearson e. November 10 Council Meeting: Mr. Frost 8. Staff Presentations 9. Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. 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. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. The Commission will then discuss the proposal. No further public comments are allowed. The Commission will then make its recommendation or decision. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. jw/pc~pcagd Revised: 01/95 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA SEPTEMBER 2, 1997 I. CALL TO 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 Present Present Present Present Absent Absent Present Present III. APPROVAL OF MINUTES August 4, 1997 Commissioner Frost moved approval of the minutes of August 4, 1997, as submitted. Commissioner Thompson seconded. Ayes--Brueggeman, Fischer, Frost, Thompson Abstention--Ericson, Rossbach The motion passed. IV. APPROVAL OFAGENDA Commissioner Ericson moved approval of the agenda as submitted. Commissioner Frost seconded. Ayesmall The motion passed. V. NEW BUSINESS A. Easement Vacation (Burr Street Right-of-Way, next to 500 Ripley Avenue) Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commissioners. Richard LeFebvre of 500 Ripley Avenue, the applicant, said that he has an agreement with Norval Henning of 1781 Burr Street to allow for egress and ingress over Mr. LeFebvre's land to a public street. Ken Haider, city engineer, felt that, if the present structure at 1781 Burr Street ceased to exist, the city would be reluctant to issue a new building permit because there is not access to an improved right-of-way. Commissioner Thompson thought, in the interest of community development and the development of this area, it would be better to straighten out some existing situations rather than make further promises. Planning Commission Minutes of 09-02-97 -2- The owner of 1784 DeSoto was concerned that the Ripley entrance to 1781 Burr Street was vacated and would never be a street. She also asked for assurance that the lot at 1781 Burr Street could not be built on in the future. Mr. Haider assured her that she owned vacated Ripley Avenue next to her house and the city would need to purchase it from her to build a street on it. Commissioner Frost moved the Planning Commission recommend adoption of the resolution which vacates the utility easement in the former Burr Street right-of-way, south of Ripley Avenue. The city should vacate this easement because: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build utilities in this location. 3. The adjacent property has access to utilities. Commissioner Rossbach seconded. AyesmBrueggeman, Ericson, Fischer, Frost, Rossbach Nays--Thompson The motion passed. Commissioner Thompson explained that the reason for his vote was an effort to encourage improvement of existing conditions in this area. Mr. Thompson did acknowledge that change should be at the initiative of the residents. B. Enterprise Rent-a-Car Conditional Use permit (2130 Rice Street) Ken Roberts, associate planner, introduced the staff report. Commissioner Rossbach questioned whether the city has the authority to require the renter of a space to provide additional parking. He thought this probably should be directed to the owner of the property. Mr. Roberts said the city agreement is for use of and runs with the property. Mr. Roberts answered other questions. Sydney Speer, the applicant, described their motor vehicle rental business. He said the primary parking demand is in the evening. The majority of the cars are delivered to other sites. This eliminates a lot of in and out traffic at the business. Mr. Speer said they would negotiate the city parking and dumpster requirements in their lease agreement with the owner of the property. Matt Regier, of Midwest Management Company, was present representing the owner of the site. Mr. Regier said the dumpster area now on the site will be cleaned up. He said that if it was necessary, the owner would expand the existing trash enclosure. The existing mechanical equipment will also be screened properly. Mr. Regier said a letter is being requested from Cub to affirm their prior agreement to allow for overflow parking in Cub's parking lot. Commissioner Frost moved the Planning Commission recommend adoption of the resolution which approves a conditional use permit for a motor vehicle rental lot at 2130 Rice Street North. The approval is subject to the following conditions: 1. The owner or operator shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The city council shall review this permit in one year. Planning Commission Minutes of 09-02-97 -3- If there is not enough parking on the site, the operator or property owner shall reduce the number of vehicles for rent on the site or shall arrange to park employee vehicles elsewhere. 4. The normal hours of operation shall be Monday-Friday 6 a.m. - 6 p.m. and from 6 a.m. - noon on Saturdays. 5. The owner or operator shall stripe all vehicle display and parking spaces. All spaces shall meet city size standards. 6. If part of the property, the owner or operator shall repair the existing chain-link fence on the west side of the property. All trash dumpsters shall be stored in screening enclosures with a 100% opaque wooden gate and shall be a color and material compatible with the building. Enclosures shall be protected by concrete-filled steel posts, or the equivalent, anchored in the ground at the front corners of the structure. If the enclosure is masonry, the protective posts may be omitted. Appearance and placement are subject to staff approval. 8. Any exterior building or rooftop equipment shall be decoratively screened and hidden from view. The screening material is subject to staff approval. 9. The owner or operator shall repair the landscape area on the west side of the property. 10. All landscape areas shall be continually and properly maintained. 11. The owner shall post stop signs at the two exits to the south. 12. Obtain written approval from Cub Foods to park a maximum of 10 excess rental cars in parking lot east of Enterprise and west of Cub Foods before starting work. This conditional use permit does not include signage. City staff will handle any sign approval. Commissioner Rossbach seconded. Ayes--all The motion passed. C. Ramsey County Compost Site Conditional Use Permit (Lower Afton Road) Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commission. Zack Hansen, manager of the environmental health section of the Saint Paul- Ramsey Department of Public Health, felt they had made "best efforts to propose an environmentally sound site that, when well operated, will serve the needs of Ramsey County." He said they have used a community participation process to develop an operation and design that would address local concerns. Mr. Hansen emphasized that grass clippings will not be collected at this site because they are a major source of odor. Dr. Elliott Epstein, a principal in the E & A Environmental Consultants, Inc. firm, stated it was his "professional opinion that neither the Beam Avenue site nor this Lower Afton site represents a public health concern." He said the primary health issue was bioaerosals, and one particular fungus, aspergillus fumigatus, was of particular concern. He reported that it is very rare to see levels of this fungus above background levels beyond 500 feet. The distance from this proposed Planning Commission Minutes of 09-02-97 -4- composting site to any residence is at least 1,100 feet or more. Dr. Epstein said this fungus is the most common on earth and is found in woods, lawns, and homes (particularly where there are pets and rugs). Dr. Epstein stated that workers are the most highly exposed individuals, both to larger amounts of the organism and with higher frequency. He referred to several studies, one of which clearly stated there is no relation found between the levels of the organism and health (i.e. asthma, allergies, etc.). These illnesses were directly related to atmospheric conditions such as ozone, pollen, etc. Dr. Epstein mentioned a more recent study done by the University of Chicago School of Public Health at a compost site in Chicago that resulted in similar conclusions. Dr. Epstein then addressed the problem of odors from compost. He was of the opinion that this facility can be operated properly to reduce odors. He said odors generated from compost are generally musty and woody smelling. When grass is added, an ammonia-type odor is produced. He said that, since the county will not be collecting grass at this site, the potential for odor will be reduced or minimized. Zack Hansen said one-third to one-half of the residents using the compost site on Beam Avenue in Maplewood are from Maplewood. He acknowledged that some grass clippings do become mixed with leaves. Mr. Hansen said that composting is no longer done at the Beam Avenue site and anything that now comes in to this site is hauled to a private vendor. He felt it was important to point out that, while odors are generated when the grass piles are sitting in a static condition, most odors occur when the windrows are being turned. These odors typically settle down fairly quickly and return to background levels after about 20 minutes. Mr. Hansen said that in still conditions the odor levels tend to remain so the city suggests a condition to have a wind of at least 5 miles per hour to disperse any odor. Dr. Epstein has recommended additional ways to mitigate odors at the site. One of these is to water while the material is being turned. Commissioner Ericson expressed concern about additional traffic at the already busy intersection of Century Avenue and Lower Alton Road in south Maplewood. Mr. Hansen said there would only be an average of 10 to 15 trucks per day over a few months each year. ^ 1995 traffic count showed approximately 300 truck trips are made per day in this area. Chairperson Fischer opened the hearing for comments from the public. Ralph Sletten, 2747 Clarence Street North, felt that composting at this proposed site will fail if current methods do not change. He said the odor from the existing site is tremendous and lasts much longer than ten minutes, even in winter with the windows closed. Mr. Sletten said his home is within 700 feet of the Beam Avenue compost location. Emil Sturzenegger, 2455 Londin Lane, was primarily concerned about the traffic. He suggested that the trucks enter off Century Avenue and exit to Lower Afton. He also was disturbed about the 50-mile-per-hour speed limit in this area. Carol Kline, 6180 Oakwood Road in Woodbury, asked the city to find a site away from homes and schools. She also expressed concern about area wells, traffic safety, health and odors. Mr. Hansen addressed some of the residents' apprehensions by citing some of the differences between the proposed Lower Afton compost site and the one existing on Beam Avenue. He emphasized that the Beam Avenue site had never been in violation of its conditional use permit conditions. He said the Lower Afton site will not be open to the public, contractors will be directed to bring specific materials to this site, windrows would possibly be turned at a more frequent turning schedule, and the finished compost will be hauled off site and distributed to the public at other Ramsey County yard waste sites. Planning Commission Minutes of 09-02-97 -5- Mr. Hansen also stated that there have been no complaints about odor from their other seven compost sites in Ramsey County this year. There was one complaint about dust from the Mounds View site. He said they have previously had no more than two odor complaints per year from sites other than the Beam Avenue site. Several sites have homes closer than 700 feet. Mr. Hansen said it was established that the groundwater flows to the southwest from the proposed compost location and the homes are to the northeast so wells should not be affected. According to Mr. Hansen, the surface water retention ponds proposed for the site will help mitigate phosphorus and biological oxygen demand. There are no additives to compost. Commissioners Ericson and Brueggeman suggested that residents close to existing compost sites should be asked their opinions and experiences in relation to the site before a decision is made. Commissioner Ericson was not convinced by scientific evidence that there is not a problem from compost. Ralph Sletten, who lives near the existing compost site on Beam Avenue, reported that the one hole that was tested, out of fifteen piles, at the Beam Avenue location tested positive for contaminants. Mr. Sletten contends that it is a proven fact runoff from these sites depletes the oxygen levels when it goes into a lake and will kill fish. Dr. Epstein then responded to Mr. Sletten's question about invasive aspergillus. He said this organism is a secondary pathogen that normally does not invade and infect healthy humans. Dr. Epstein emphasized that the cases for aspergillosis have been in hospitals and not from compost sites. He said that a highly debilitated person or one on immune-suppression drugs would be susceptible to this fungus. Rita Brenner, 2673 Upper Afton Road, liked the idea of Ramsey and Washington Counties working together to find a joint site. She said her neighborhood does not support the Lower Alton site. Mr. Hansen answered that Washington County started yard-waste sites in 1984 and subsequently turned them over to the various cities in the county. Mr. Hansen also said that if the Lower Afton location is not approved, yard waste will be sent to Composting Concepts (a private company that collects Woodbury's materials). The result of this would be that finished compost would not be available for area residents and it would cost the taxpayers of Ramsey County more money. Laurie Tauer, 467 Sterling Street South, asked if the size of this site will need to be increased in a few years. She complimented Ramsey County for allowing citizen input but felt one neighborhood's problems were being shifted to another neighborhood. There were no further comments so the public hearing was closed. Chairperson Fischer asked how the city intended to monitor complaints. Melinda Coleman, director of community development, said the city would work with Ramsey County staffto make sure the terms of the conditional use permit are met. She said after-hour complaints are made to the police department and city staff would follow-up on them in the morning. Two city employees are trained in odor thresholds. Ms. Coleman also mentioned that most complaints about the Beam Avenue site have been from the Sletten family. Chairperson Fischer suggested that wells in the Lower Afton area be tested now and then have periodic follow-up testing. Ms. Colman said the wells in this area are uphill and questioned how the contamination could flow uphill. Ken Haider, city engineer, said any contamination would not' get down to the level of a sealed aquifer. The seepage from the compost site would only get into the top surface. He said the proposal where runoff will be captured in a couple of ponds and also be discharged to wetlands is an extremely efficient system. Commissioner Frost moved the Planning Commission recommend approval of the resolution which approves a conditional use permit for Ramsey County to establish and operate a compost site for Planning Commission Minutes of 09-02-97 -6- yard waste on the county correctional facility property. This site would be north of Lower Alton Road, between Century Avenue and McKnight Road. This permit shall be subject to the following conditions: 1. All construction shall follow the site, grading and erosion control and tree plans approved by the city. The director of community development may approve minor changes. 2. The proposed site work and use must be started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. The site shall not be open to the public for delivery or pickup. It shall only be for the composting of yard waste materials brought in by contractors from other Ramsey County yard waste sites. 4. The site may be open and operational between the hours of 8:00 a.m. and 5:00 p.m. The site shall accept only the following materials: garden waste, weeds, prunings of soft- bodied plants, leaves along with materials like pine cones, fruit and small twigs that people pick up with their yard waste. Ramsey County shall monitor and remove any unacceptable materials brought to the site. 6. The City prohibits the dumping or storing of the following materials: brush, branches, grass, garbage or refuse. 7. The County shall monitor and remove unapproved items (including garbage) and debris from the site. 8. The City Council shall review this permit in June 1998. 9. The County shall manage the compost site to control odors. Management procedures shall include the following: ao Procure, maintain and use wind direction and speed monitoring equipment. The County shall provide this equipment so it is accessible to the City staff. b. Record wind speed and direction during pile turning. C° Turn the piles of materials only when the wind is blowing at least five miles per hour. The contractor or operator shall only turn the piles between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. d. Keep a written record of: (1) The times of pile turning and the haul-out of materials (2) Compost pile temperatures (3) A description of the compost quality (4) The initial date and aging of the compost piles 10. The Community Development Department shall handle odor complaints during regular business hours and the police department shall handle odor complaints after regular hours. The inspector shall verify and measure whether there is an odor that violates the odor standards of this permit. To determine if there is a violation of this permit, the inspector shall VI. Planning Commission Minutes of 09-02-97 -7- follow the procedures in Attachment A of this permit. A violation of this permit shall occur when the inspector has recorded ten sniffings of the ambient air over a period of thirty minutes with a geometric average OIRS of (a) 3.0 or greater if the property at which the testing is being conducted contains a permanent residence or (b) 4.0 or greater if the property at which the testing is being conducted does not contain a permanent residence. (See Attachment B of this permit for a description of the odor scale.) If there is a violation, the inspector shall investigate to establish the source of the odor. The City shall notify the County of the violation. The County shall advise the City of the reason for the problem and correct it to meet the standards of this permit. The County or site operator shall cooperate with the City or its representative regarding such investigations. 11. The County shall deposit with the City an escrow deposit of $2,000 for 1998. After that, on or before January I of each year, the County shall deposit with the City an escrow deposit of an amount to bring the balance up to $2,000. The City shall use this deposit to: Pay for City staff time or the costs to hire a third party to verify and measure odors, following complaints received by the City b. Train City staff persons and others for wind and odor monitoring Co Pay for an odor consultant to help in preparing this permit or future revisions to this permit. If needed, the County shall pay for any consulting costs above the escrow deposit that the City needs to reevaluate this permit. 12. The site operator shall use water or other means to suppress dust and odors from the compost piles, as necessary. 13. The County is requested by the City to continue to look for an alternate yard waste site in the northeast part of the County that would be used to reduce the traffic at the Beam Avenue site. 14. The yard waste composting site on County property west of the Workhouse, north of Lower ^fton Road may be up to 6 acres in size, and shall not be open for residents to drop off or pick up materials. The county and the contractors shall follow the county's operation plan for the site, as may be amended by the city council. 15. The County shall make improvements to the site, including: paving the entrance road installing a gate, installing the berming and plantings for screening and installing traffic control signs before using the compost site. Commissioner Thompson seconded. Ayes--Fischer, Frost, Rossbach, Thompson Nays--Brueggeman, Ericson The motion passed. VISITOR PRESENTATIONS There were no visitor presentations. Planning Commission Minutes of 09-02-97 VII. COMMISSION PRESENTATIONS -8- VIII. A. August 11 Council Meeting: Mr. Thompson reported on this meeting. B. August 25 Council Meeting: Mr. Thompson reported on this meeting. C. September 8 Council Meeting: Mr. Rossbach will attend this meeting. D. September 22 Council Meeting: Ms. Fischer will attend this meeting. STAFF PRESENTATIONS Development Moratorium (South and East of Interstate 494) Melinda Coleman, director of community development, gave some background information on this moratorium. She said the city council has given staff a six-month time frame to look at issues concerning development in this south area of Maplewood. IX. ADJOURNMENT The meeting adjourned at 10:22 p.m. TO: FROM: SUBJECT: LOCATION: DATE: MEMORANDUM City Manager Chad Bergo, Community Development Intern Easement Vacation 1866 East Shore Drive September 19, 1997 INTRODUCTION The Maplewood Engineering Department is proposing to vacate an unused utility easement. This easement is on the west 10 feet of the property at 1866 East Shore Drive. Mr. Paul Koreen owns this property. (See the maps on pages 3 and 4.) BACKGROUND On October 28, 1994, the city council accepted the storm sewer easement from the property owner. This easement was over the west 10 feet of 1866 East Shore Drive, together with the north 30 feet, except the west 10 feet, also the south 70 feet of the north 100 feet, except the west 10 feet thereof. (Please see the maps on pages 4 and 5.) DISCUSSION The Engineering Department is requesting this vacation so Mr. Koreen may build his garage into the west easement area (see the site plan on page 5). Maplewood originally requested this easement for a storm water improvement project including a ponding area and pipes. The property owner gave the city an easement on the west side of the property while the city needed it on the east side of the property. The Engineering Department recently received a new storm sewer easement for the east 10 feet of the property. RECOMMENDATION Adopt the resolution on page 6. This resolution vacates the utility easement located on the west side of 1866 East Shore Drive. The easement is the west 10 feet, extending 150 north of the East Shore Drive right of way of the property. The city should vacate this easement because: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build utilities in this location. 3. The adjacent property has access to utilities. REFERENCE SITE DESCRIPTION Existing land use: Developed single family residential SURROUNDING LAND USES North: East: South: West: Ponding area Property with 1858 East Shore Drive Lake Phalen Property at 1874 East Shore Drive p:sec16/koreen.vac Attachments: 1. Location Map 2. Property Line Map 3. Site Plan 4. Vacation Resolution Attachment .j ,., )SELAWN SUNINtER i~ VIKING DR. LAURIE CT. BURKE BELMONT AV. BELLWOOD BURK'E CT. ~1 LEI_AND ~ J,UNCTION (~) CHAMBERS ST SKILL NTON AV~. FRISBIE AVE. KINGSTON~A~. Phalen LOCATION MAP Attachment 2 Te CITY OF $ L Phalen Lake 0 ,., GO, ~41.4 Attachment 3 SITE 5 PLAN Attachment 4 EASEMENT VACATION RESOLUTION WHEREAS, Mr. Paul Koreen applied for the vacation of the following-described utility easement: The storm sewer easement over the west 10 feet except the north 100 feet of the following property: Except the north 780 feet; the east 100 feet of the west 160.97 feet of part northerly of East Shore Drive of the east 12.8 acres of government lot 2 (subject to drainage easement in document number .2850545) of Section 16, Township 29, Range 22, in the city of Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: On , the planning commission recommended that the city council approve this vacation. 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 this vacation, public interest in the property will go to the following abutting property: Except the north 780 feet; the east 100 feet of the west 160.97 feet of part north of East Shore Drive of the east 12.8 acres of government lot 2 (subject to drainage easement in document number .2850545) of Section 16, Township 29, Range 22, in the city of Maplewood, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacations for the following reasons: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build utilities in this location. 3. The adjacent property has access to utilities. The Maplewood City Council adopted this resolution on ,1997. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Erickson Freedom Center NW Comer- Beam Avenue and Hazelwood Street October 18, 1997 INTRODUCTION Project Description David Erickson, of Erickson Oil Products, is proposing to build a 6,000-square-foot, one-story Erickson Freedom convenience store. This project would have fuel sales, a convenience store with a Blimpies Sandwich Shop, a car wash and a bank with drive-up windows. Refer to the maps on pages 10 through 16 and the project summary on page 17. Requests Mr. Erickson is requesting the following: A conditional use permit (CUP) for a motor fuel station in an M-1 (light manufacturing) district. Please see the statement on pages 18 and 19. The city code allows fuel stations on land zoned M-1 only by conditional use permit. 2. Approval of the design plans. DISCUSSION Conditional Use Permit The proposed fuel station would meet the requirements for a CUP and the standards for motor fuel stations. Dan Solar, the Ramsey County Traffic Engineer, said that the station would not cause any major problems or safety issues. He said the county would issue a driveway permit for the proposed driveway to Beam Avenue. Traffic Considerations Two persons answering our survey expressed concern over the potential for increased traffic congestion at the intersection of Beam Avenue and Hazelwood Street. The proposed project should not measurably increase the traffic in this area. Customers using the proposed facilities probably would already be in the area. That is, they would be at the hospital or other businesses near the site. Other Stations The city attorney advised me that the city cannot deny a proposal or a conditional use permit because of the number of similar uses in the area. The courts have said that cities cannot make market judgments. Cities must base their decisions on land use criteria. The market will decide how many and which fuel stations a neighborhood will support. Design Considerations Aesthetics As proposed, the buildings and canopy would be attractive and would be compatible with other nearby buildings. The buildings would be medium brown face brick with tan rock-face concrete block banding accents. Both buildings would have copper-colored prefinished metal roofs. The applicant's architect said that they plan to install a trash enclosure on the site. They have not shown staff the design for the enclosure. The trash enclosure should be designed and built to match the buildings on the site. Landscaping The applicant should revise the landscape plan to substitute seven of the Colorado Spruce trees with another coniferous species. As an example, having some Austrian Pines on the site would add a species that are better suited to Minnesota and would provide a mix of coniferous trees in the project. Parking The applicantis proposing 30 paAing spaces. Thisis exactlythe numberofspacesthatthe city code requires. Conclusion The decision here is whether a convenience store with fuel sales and a car wash is better for the city and the neighborhood than other commercial uses. The advantage of the proposed use is improved service for area residents and visitors. The disadvantage over offices or clinics is more traffic and more police calls but these possibilities are not significant. I do not see strong reasons for denying these requests. RECOMMENDATIONS Adopt the resolution on pages 21 and 22. This resolution approves a conditional use permit for a fuel station and car wash with a convenience store and a bank on property zoned M-1 (light manufacturing). This is for the property on the northwest corner of Beam Avenue and Hazelwood Street. This permit is based on the findings required by the code and subject to the following conditions: 1. All construction shall follow the site plan that the city stamped October 8, 1997. The director of community development may approve minor changes. The proposed construction must be started or the proposed use utilized 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. 4. External speakers shall not exceed the noise standards set by the Minnesota Pollution Control Agency (code requirement). The building official shall not issue a building permit for the proposed development until the city approves a lot division creating this site and the applicant records the new deed with Ramsey County. Conditions of this lot split shall include the following: a. Dedication of additional right-of-way for the north one-half of Beam Avenue. Dedication of cross easements between the Edckson site and adjacent properties because of the proposed shared-access drives. Approve the plans and building elevations date-stamped October 8, 1997 for the proposed Erickson Freedom Center. This development includes a motor fuel station, convenience store with Blimpies Restaurant, car wash and ddve-up bank on the northwest comer of Beam Avenue and Hazelwood Street. The city bases this approval on the findings required by the code. The owner or contractor shall do the following: Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant or contractor shall: a. Dedicate additional right-of-way for the north one-half of Beam Avenue. b. Revise the plans as follows for staff approval: (1) Substitute seven of the Colorado Spruce trees with another coniferous species, for example, Austrian Pines. (2) Show 10-foot-wide customer parking spaces and handicap-parking spaces that are eight feet wide with an adjacent eight-foot-wide loading space. (3) Show a five-foot-wide concrete sidewalk along Hazelwood Street from the dropped curb at Beam Avenue to the north line of the site. The contractor shall install the sidewalk to match the driveway grades. c. Submit the following for staff approval: (1) Grading, sidewalk, drainage, utility and erosion control plans to the city engineer for approval. (2) Plans for the design of the trash enclosure. (3) Plans for screening the rooftop equipment. (4) A lighting plan for the site. All lighting shall be screened or directed to comply with city code. d. Dedicate and record cross easements for access between this site and the abutting properties. 3. The applicant or contractor shall complete the following before occupying the building: a. Restore and sod damaged boulevards. Install reflectorized stop signs at all exits, a handicap parking sign for each handicap parking space and an address on the building. Post a "no left turn" sign at the southerly curb cut, a one-way directional arrow in the median in Beam Avenue and directional signs for one-way traffic areas on the site. Provide continuous concrete curb and gutter on both sides of the driveways and around all sides of the parking lot. Paint all rooftop mechanical equipment to match the color of the upper part of the building. Screen all roof-mounted equipment visible from streets and adjacent property. (code requirement) Construct a trash dumpster enclosure. The enclosure must match the building materials and color and have a closeable gate that extends to the ground. go Install and maintain an in-ground lawn irrigation system for all landscaped areas. (code requirement) Post "no parking" signs along the front of the building. Stripe all customer parking spaces at a width of ten feet, except the handicap spaces. The handicap parking spaces must meet ADA (American with Disabilities Act) standards. Post the nine-foot-wide parking spaces on the west side of the building for employee-only parking. Install a five-foot-wide concrete sidewalk along Hazelwood Street from the curb drop at Beam Avenue to the north line of the site. The contractor shall install the sidewalk to match the driveway grades. This approval does not include the future drive-up island for the bank on the west side of the building. City staff will review this additional island later if the owner or developer proposes it. 5. If any required work is not done, the city may allow temporary occupancy if: The city determines that the work is not essential to the public health, safety or welfare. bo The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the winter or within six weeks if the building is occupied in the spring and summer. The city receives an agreement that will allow the city to complete any unfinished work. This approval does not include the signs. City staff will review signage through the sign permit process. All work shall follow the approved plans. The director of community development may approve minor changes. 5 CITIZENS' COMMENTS We surveyed owners of the eight properties within 350 feet of this property. one was for the project and two objected. In Favor 1. It appears to be a good use for this location. (Schreier - Maplewood) Opposed 1. Of the three replies, Increased traffic congestion and it diminishes the medical complex. (Maplewood Professional Building - Beam Avenue) The traffic at this intersection is horrendous and the addition of this facility will be a duplication of the poor decision allowing Burger King at the SW corner of Beam and White Bear Avenues. The site could best be used for professional offices. (Property Manager - 1560 Beam Avenue). 3. Also see the letter on page 20 from Saint John's Hospital. REFERENCE INFORMATION SITE DESCRIPTION Site size: 1.61 acres (70,000 square feet) Existing land use: undeveloped SURROUNDING LAND USES North: South: West: East: Dirt processing operation run by Mogren Brothers City-owned property across Beam Avenue Undeveloped property and railroad bridge Saint John's Hospital across Hazelwood Street PLANNING Land Use Plan designation: M-1 (light manufacturing) Zoning: M-1 Ordinance Requirements Section 36-151(b)(9) requires a CUP for a motor fuel station and car wash in a BC and in an M-1 zoning district. CUP - Findings for Approval Section 36~442(a) requires that the city council approve CUPs based on specific standards for approval. Refer to them in the resolution on pages 21 and 22. p:sec3\erickson.mem Attachments: 1. Location Map 2. Property Line / Zoning Map 3. Site Plan 4. Floor Plan 5. Proposed Grading Plan 6. Proposed Utility Plan 7. Proposed Landscape Plan 8. Building Elevations 9. Isometric View 10. Project Summary 11. Conditional Use Permit Criteda Statement 12. Letter from Saint John's Hospital 13. Conditional Use Permit Resolution 14. Plans date-stamped October 8, 1997 (separate attachment) 15. Color Laser Photo (separate attachment) '7 Attachment 1 VADNAIS HEIGHTS COUN1'f Kohlmon NOR GERVAIS O) CHaSmS s'r JUNCTION 1. SUMMIT CT. 2. CO~NTRYVII 5. DULUTH 4. LYDIA BEAM KOHLMAN AVE:. Z RADATZ RAMS['Y COUNTY COURT KOHLMAN D~ONT EDGEHILL RD. VIKING SHERREN AVE. Z Z v CT. Kn_uc/'~_ead Lake /~ ~-'~ AV~. LARK COPE AVE. Attachment 2 GOLF COURSE ,~IdNT JOHN'S HOSPITAL CITY oir M Ala, L £ CiTY OP~=N SPACE - BEAM 'AVENUE 1560 M I PROPERTY LINE I ZONING MAP ~ ~ N Attachment 3 BEA~ AVENUE SITE PLAN 10 Attachment 4 FLOOR PLAN 11 Attachment 5 '~-~'~"f'~~~--~-"-' PRELIMINARY-NOT FOR CONSTRUCTION " Attachment 6 wEST '~-~ 0 U N D (AKA : A V £ N U~E [ LANE BEAM .~ j S A H NO. 19) ; ......... ~ PRELIMINARY-NOT FOR CONSTRUCTION PROPOSED UTILITY PLAN 13 Attachment 7 ~L~ PRELIMINARY-NOT A v E N U.[ ,~ ' 9) "'--... .'~ ..... . FOR CONSTRUCTI6N PROPOSED LANDSCAPE PLAN 14 Attachment 8 BUILDING ELEVATIONS 15 Attachment 9 ISOMETRIC VIEW Attachment 10 PROJECT SUMMARY This proposal is development of a portion of a vacant parcel, located at the northwest comer of Hazelwood and Beam in Maplewood. The site is zoned light manufacturing which permits manufacturing uses and commercial uses. As proposed, the project will have a 6,000 s.f. retail building housing a convenience store and bank. Accessory functions include a car wash, bank drive-up window, and fueling area. The bank will be separated internally by a roll up grille to accommodate the differing hours of operation of the convenience store and bank. The building is similar, although larger than, other convenience stores owned by Erickson Oil Products. A list of metro locations is attached. We believe the project will provide a needed service to the community in a location appropriate for the use and with an appearance which will be an asset to the community. 17 Attachment 11 [ RESPONSE TO CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT "The use would be located, designed, maintained, constructed and operated to be in conforming with the city's comprehensive plan and code of ordinances." Fueling is a permitted use by conditional use in this zoning district. Bank and retail uses are permitted uses in this district. Accordingly, the use will be conformity with the city's plan and ordinances. "The use would not change the existing or planned character of the surrounding area." The use is consistent with those of the current light manufacturing zoning and will therefore be in character with the future development of the balance of the parcel. The use is compatible with the hospital across Hazelwood and the doctor's office across Beam. "The use would not depreciate property values." On the contrary, a high quality building and its commercial activity will enhance the adjacent 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 n uisan ce to any person or property beca use of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water run off, vibration, general unsightliness, electrical interference, or other nuisances." We propose a building of high quality materials and appearance to assure the community that it is an asset to the neighborhood. The quality of housekeeping of this use can be confirmed by inspection of other facilities owned by Erickson Oil Products. Great care is afforded the environment by strict compliance with environmental regulations for storage and dispensing fuel, including State and Federal air, surface water and ground water requirements. "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." Most of the business for this use will be from existing traffic on Hazelwood and Beam. Some customers will come from the adjacent medical uses. The furore development of the remainder of the parcel will provide some customers as well. The county has reviewed the access and given preliminary approval. Page 1 of 2 18 "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." The existing utilities are adequate for this use. This use will have little impact on fn'e and police protection and place no demand on schools and parks. "The use would not create excessive additional costs for public facilities or services." The use will have little impact on public facilities. "The use would maximize the preservation of and incorporate the sites natural and scenic features, into the development of the design." The use is a very small part of a large underdeveloped parcel. Its impact on the remainder of the parcel is very small. "The use will cause minimal adverse environmental effects." The use will be constructed in strict accordance with State and Federal Environmental Regulations and in compliance with local and regional watershed criteria. Page 2 of 2 Attachment 12 NEIGHBORHOOD SURVEY Application to build Erickson Freedom convenience store, etc. on northwest comer of Beam Avenue and Hazelwood. X I object to this proposal because: · There will be high traffic generated immediately opposite the St. John's Hospital's ambulance entry to the emergency room. The Hazelwood and Beam intersection is the primary route for ambulance traffic to the campus. Any conflict with the entry road to the campus is discouraged. · The landscape design should enhance the natural environment and further integrate native species and additional plantings. · The exterior finisher and colors should respect and complement the other building in the immediate vicinity, such as brick facade or equivalent, and signage using non bright colors. Completed by: Carolyn Koch, Associate P~dministrator 612-232-7122 On behalf of: HealthEast St. John's Hospital 1575 Beam Avenue East Maplewood, MN 55109 2O Attachment 13 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, David Erickson of Edckson Oil Products, applied for a conditional use permit to operate a motor fuel station, convenience store, bank and car wash on property zoned M-1 (light manufactudng). WHEREAS, this permit applies to a 1.61-acre site on the northwest comer of Beam Avenue and Hazelwood Street. The legal description is: The south 304.67 feet of the east 372.83 feet of the Southeast Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota. This parcel is subject to the right-of-way of Beam Avenue and Hazelwood Street and other easements of record. WHEREAS, the history of this conditional use permit is as follows: On October 20, 1997, the planning commission recommended that the city council approve this permit. The city council held a public headng on ,1997. The 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 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 run-off, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 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. 2.3. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the city stamped September 22, 1997. The director of community development may approve minor changes. The proposed construction must be started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. The city council shall review this permit in one year. External speakers shall not exceed the noise standards set by the Minnesota Pollution Control Agency (code requirement). The building official shall not issue a building permit for the proposed development until the city approves a lot division creating this site and the applicant records the new deed with Ramsey County. Conditions of this lot split shall include the following: a. Dedication of additional right-of-way for the north one-half of Beam Avenue. bo Dedication of cross easements between the Erickson site and adjacent properties because of the proposed shared-access drives. The Maplewood City Council approved this resolution on ,1997. 2.2 MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: City Staff Chad Bergo, Community Development Intern Rezoning Site 8 2500 White Bear Avenue City Staff October 14, 1997 INTRODUCTION The City Staff is proposing a rezoning from F (farm) to BC (business commercial) for the property located at 2500 White Bear Avenue. See the maps located on page 5. Maplewood is proposing this change as part of our review of the comprehensive plan. BACKGROUND State law requires all cities in the metropolitan area to update their comprehensive plans by December 1998. The law requires that a municipality's comprehensive plan and zoning must be consistent with each other. This is one of ten sites where city staff has found that the current zoning and the land use plan designation are inconsistent. As such, city staff is proposing to change the zoning of this site from F (farm) to BC (business commercial). DISCUSSION The current BC designation for this area on the Land Use Plan is not consistent with the existing F zoning along the east side of White Bear Avenue. To resolve this inconsistency, staff is proposing a rezoning from F (farm) to BC (business commercial). The BC classification is intended to provide areas for commercial uses. Certain restrictions such as the following may be required to ensure compatibility with abutting residential uses: building height, setbacks, orientation, parking lot location, or location of building entrances. Findings The proposed change to BC (business commercial) will be consistent with the Maplewood Comprehensive Plan and the adjacent businesses located along White Bear Avenue. The proposed change will allow a commercial business along White Bear Avenue. Currently, there are two businesses adjacent to the site, Maple Ridge Mall to the west and a single family residence to the east. In addition to screening and setbacks, there is a large wetland that will buffer the neighbors from any additional development. The development of this site as a commercial property will be consistent with the adjacent businesses, zoning and comprehensive plan land use designation. The site is already served with public water, sewer, police and fire protection. RECOMMENDATION Approve the resolution on page 7 to rezone 2500 White Bear Avenue, as shown on the map on page 5. This zone change is from F (farm) to BC (business commercial). This zone change is based on the findings required by the ordinance and State law requiring all cities in the metropolitan area to have consistent zoning and land use plans. CITIZEN COMMENTS City staff surveyed the 8 property owners within 350 feet of the proposed site. We received 2 replies. Of these, 1 was for the proposal and 1 was against the rezoning. For It would be consistent with the adjacent properties. I think it would be wise to share a driveway to the north of this property to keep less driveways off of White Bear Avenue. (Mogren-2855 Fredrick Street.) Against I live here. My neighbors behind me are farm also. Use as is until I move, Bear Avenue.) (.Fernow-2500 White SITE DESCRIPTION Site size: 1.62 acres Existing land use: REFERENCE A house with a detached garage SURROUNDING LAND USES North: National Tire East: vacant South: Dental Clinic West: Maple Ridge Mall PLANNING Land Use Plan designation: Existing Zoning: Proposed Zoning: BC (business commercial) F (farm) BC (business commercial) Zone Change - Findings for Approval Section 36-485 of the zoning code requires that the city council make the following findings to rezone property: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. Commercial and Industrial Development Policies The following are the city's commercial and industrial development policies from the comprehensive plan: Group compatible businesses in suitable areas. · Provide attractive surroundings in which to shop and work. · Require adequate off-street loading facilities. · Avoid disruption of adjacent residential areas. Require commercial and industrial developers to make all necessary improvements to ensure compatibility with surrounding residential uses. Require adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential uses. Restrict commercial development which will result in traffic volumes which are beyond the capacity of the road systems or generate excessive noise or pollution as defined by state standards p:/secl l/site8.mem Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Zoning Map Change Resolution 4 Attachment 1 No~h DEMONT RADATZ EDGEHILL RD. RAIWSEY COUNTY COURT KOHLMAN AVE. AVE. MAPLE V~EW NORTH z CT. v VIKING SHERREN AVE. Knuc~eod Lake AVE. ~_~J AVE. ~ COPE A~. g  ~ ~ ~D. ~,~ O' 1 700' AVE. ROSEWOOD AVE. N. RAMSEY COUNTY NURSING HOME AND AVE. S. FAIR GROUNDS NORTH GOODRICH ALDRICH. J GOLF Attachment 2 0 0 0 E. i:)-£ L' Mogren Company Comprehensive Plan Dental Clinic (+l~s')' H OS BC OS .,o .-,. 2499 DIFFERENCES ZONING & COMPREHENSIVE PLAN Hazelwood Neighborhood Site 8 Zoned - F Planned - BC Shelter Corp. Townhomes R3 AVE~ ( Attachment 3 REZONING RESOLUTION WHEREAS, City staff applied for a rezoning from F (farm) to BC (business commercial). WHEREAS, this rezoning applies to a 1.62 acre tract at 2500 White Bear Avenue. The legal description of the property is: Subject to White Bear Avenue and German Street, the north 150 feet of the south 495 feet of part of northwest 1/4 of the southeast 1/4 of the northwest 1/4 east of the centerline of said avenue in Section 11, Township 29, Range 22 in Maplewood, Minnesota WHEREAS, the history of this rezoning is as follows: The planning commission reviewed this rezoning on .............. . They recommended that the city council approve the rezoning. The city council held a public hearing on ................... . The city staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREF©RE BE IT RESOLVED that the city council approve the above- described rezoning for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. The proposed zoning change would be consistent with the Maplewood Comprehensive Plan. The Maplewood City Council adopted this resolution on ,1997. 7 MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: City Staff Chad Bergo, Community Development Intern Rezoning Site 7 2836 White Bear Avenue City Staff October 14, 1997 INTRODUCTION The city staff is proposing a rezoning from R-1 (single family residential) to BC-M (business commercial modified) for the property located at 2836 White Bear Avenue. See the maps on page 5 and 6. Maplewood is proposing this change as part of our review of the comprehensive plan. BACKGROUND State law requires all cities in the metropolitan area to update their comprehensive plans by December 1998. The law requires that a municipality's comprehensive plan and zoning must be consistent with each other. This is one of ten sites where city staff has found that the current zoning and the land use plan designation are inconsistent. As such, city staff is proposing to change the zoning of this site from R-1 (single dwelling residential) to BC-M (business commercial modified). DISCUSSION The current LBC land use designation for this area is not consistent with the existing R-1 zoning. To resolve this inconsistency, staff is proposing a rezoning from R-1 (single family residential) to BC-M (business commercial modified). The BC-M classification is intended to provide areas for commercial uses. Certain restrictions, such as the following, may be required to ensure compatibility with abutting residential uses: building height, setbacks, orientation, parking lot location, or location of building entrances. Findings The proposed change to BC-M (business commercial modified) will be consistent with the Maplewood Comprehensive Plan and the adjacent businesses located along White Bear Avenue. The proposed change will allow a commercial business along White Bear Avenue. Currently, there are two businesses adjacent to the site, vacant lots to the west and a single family residence to the east. Screening and setbacks will be used as the site develops to buffer the residential neighbors from the commercial development. The site has been for sale by the owner and is advertised as a commercial site. The sale and the development of this site as a commercial property will be consistent with the adjacent businesses, zoning and comprehensive plan land use designation. The site is already served with public water, sewer, police and fire protection. RECOMMENDATION Approve the resolution on page 7. This resolution is to rezone the property at 2836 White Bear Avenue, as shown on the map on page 6. This zone change is from R-1 (single family dwelling) to BC-M (business commercial modified). This zone change is based on the findings required by the ordinance that the proposed change would make the zoning consistent with the land use designation. CITIZEN COMMENTS City staff surveyed the 21 property owners within 350 feet of the proposed site. We received nine replies. Of these, seven were for the proposal and two had no comment. FOR 1. 3. 4. 5. 6. My neighbor Bruce Fisher wants this property rezoned this way. (Magneson - 1985 Radatz Ave.) You must do what is right. (Birkeland - 2015 Radatz Ave.) Our neighbor could get more money for his property. (Georgi - 1990 Radatz Ave.) It is going commercial along the other side. (Patwell - 1927 Radatz Ave.) White Bear Avenue in that area should be commercial. (Johnson - 715 S. Florida) It would seem consistent with adjacent property zoning. However, use of property should be restricted to 1 - 1% story buildings. (Mikiska - 20003 Radatz Ave.) REFERENCE SITE DESCRIPTION Site size: .90 acres Existing land use: A house with an attached garage SURROUNDING LAND USES North: East: South: West: Premier Bank Single family homes on Radatz Avenue Batteries Plus Vacant commercial lots across White Bear Avenue PLANNING Land Use Plan designation: Existing Zoning: Proposed Zoning: LBC (light business commercial) R-1 (single dwelling residential) BC-M (business commercial modified) Zone Change - Findings for Approval Section 36-485 of the zoning code requires that the city council make the following findings to rezone property: The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. Commercial and Industrial Development Policies The following are the city's commercial and industrial development policies from the comprehensive plan: Group compatible businesses in suitable areas. Provide attractive surroundings in which to shop and work. Require adequate off-street loading facilities. Require commercial and industrial developers to make all necessary improvements to ensure compatibility with surrounding residential uses. Require adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential uses. Restrict commercial development which will result in traffic volumes which are beyond the capacity of the road systems or generate excessive noise or pollution as defined by state standards. P:/sec2S/site7. mem Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Zoning Map Change Resolution Attachment 1 COUNTY ROAD f CIR. BEAM WOODLYNN AVE:. AVE. V~EW AVE. GA GERvAIs SH£RREN AVE. AVE. ,LLAUmE: I RD. RADATZ RAMSEY COUNTY COURT EDGEHILL RD. DEIdONT · BROOKS C~, ~ CT. GRANDVlEW zz VIKING ~ //: _~-~-~' ^~. COPE: AVE. NORTH LOCATION MAP 5 Attachment 2 Comprehensive Plan R-2 LBC '.,~ ~: ",-' · ~ BeamAvenue ~ ~° ~ ~ ~.°1~.' T~ Burger King i, ~,' ~--:l' ~-~":' ~ Premier Bank I, '~ ~ ~'"'* "' -6 ' ~ cfi ~ c~r''~) ~'~' 19~(,j:~¢ - ~197"1 ~ ~~'I~bo3ili~015 . -,oo'~=ma n ~i~i-~i, RadatzAvenue ~ .. · ~II 1938 ..o.2811 g 5 - -(-95+.~o) J COMPREHENSIVE PLAN DIFFERENCES Hazelwood Neighborhood Site 1 Zoned - R-1 Planned - LBC Site 7 ZONING & N REZONING RESOLUTION WHEREAS, City staff applied for a rezoning from R-1 (single-family residential) to BC-M (business commercial modified). WHEREAS, this rezoning applies to a .90 acre tract at 2836 White Bear Avenue. The legal description of the property is: Subject to White Bear Avenue and except the east 455 feet the south 195 feet of the north 520 feet of part of northeast 1/4 of the southwest 1/4 of the centerline of said avenue in section 2, township 29, range 22 in Maplewood, Minnesota WHEREAS, the history of this rezoning is as follows: The planning commission reviewed this rezoning on .............. . They recommended that the city council approve the rezoning. The city council held a public hearing on ................... . The city staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described rezoning for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. The proposed zoning change would be consistent with the Maplewood Comprehensive Plan. The Maplewood City Council adopted this resolution on ,1997. 7