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Home My WebLink About01/21/1997BOOK MAPLEWOOD PLANNING COMMISSION Tuesday, January 21, 1997 7:00 PM City Hall Council Chambers 1830 County Road B East Call to Order Roll Call Approval of Minutes a. November 18, 1996 4. Approval of Agenda o New Business a. Bradley Street and Kingston Avenue Street Vacations b. Zoning Map Change - Minneapolis Radiation Oncology Clinic (3004 Hazelwood Street) c. Conditional Use Permit - Used Motor Vehicle Sales Lot (1225 Frost Avenue) d. Tax-Forfeited Properties e. 1996 Annual Report f. Election of Officers 6. Visitor Presentations 7. Commission Presentations a. November 25 Council Meeting: Mr. Rossbach b. December 9 Council Meeting: Ms. Fischer c. December 23 Council Meeting: Mr. Roberts d. January 13 Council Meeting: Ms. Coleman e. January 27 Council Meeting: Mr. Pearson 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. 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 NOVEMBER '18, 1996 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 Dave Kopesky Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson Absent Present Present Present Absent Present Present Present Present (arrived at 8 p.m.) III. APPROVAL OF MINUTES A. November 4, 1996 Commissioner Pearson moved approval of the amended minutes of November 4, 1996, changing Commissioner Pearson's comment in VI. B. To read: "Commissioner Pearson had no objection to eleven members.. However, if the city council was inclined to downsize, he preferred nine members to seven." Commissioner Frost seconded. Ayes-Fischer, Frost, Pearson Abstention-Ericson, Kopesky, Thompson The motion passed IV. APPROVAL OF AGENDA Commissioner Ericson moved approval of the agenda as submitted. Commissioner Pearson seconded. Ayes-all The motion passed. V. UNFINISHED BUSINESS A. Tower and Antenna Ordinance Melinda Coleman, director of community development, presented the staff report. Chairperson Fischer suggested some changes in the ordinance. Ms. Coleman answered question, s from the commissioners. AT&T Wireless Services was represented at the meeting by Peter Beck. Mr. Beck discussed two suggestions contained in his letter sent to Ms. Coleman on November 18, 1996. His first choice was that the antenna setback be from any residential Planning Commission Minutes of 11-18-96 -2- structure. He was agreeable to having the setback be from the residential lot line but suggested, on multiple-family lots, the requirement be changed to have the setback from the structure. Mr. Beck also asked that, in unique situations, a pole could be allowed to be located with the setback from a residential structure. He referred to a previous request, approved by the planning commission, to locate a pole in the Frost Avenue and English Street area. The feasibility of two 75-foot poles, as opposed to one 150-foot pole, was discussed. Commissioner Frost thought it was sufficient to require the tower to meet or exceed the standards and requirements of the Uniform Building Code. Commissioner Ericson said she lives in a townhome and, with her home as an example, would object to allowing a tower to be 25 feet from a residential home. She would agree with having the ordinance state that the 175-foot setback is required from any residential or multiple lot line and further specifying how this setback could be reduced. Mr. Beck said he did not have town house-developments in mind when he spoke of multiple residential projects. Ken Roberts, associate planner, reviewed Maplewood's setback requirements. The commissioners had no objection to striking the portion of the ordinance that required sufficient information to show that construction and installation of the antenna or tower would not create a safety hazard or damage to the property of other persons. It was adequate to have the construction meet or exceed the standards and requirements of the Uniform Building Code. All the commissioners, except Mr. Pearson, were willing to keep the setback requirements as stated in the ordinance and let the city council make the final decision. Commissioner Pearson had sympathies with a developer in that ordinances are suppose to give direction on how somebody can't develop something. He was hesitant to start developing ordinances that continue to require numerous variances. In order to move forward with this ordinance, he was willing to leave the wording as it is. Commissioner Pearson moved the Planning Commission recommend adoption of the ordinance which establishes regulations about commercial use antennas and towers in Maplewood as amended. This ordinance is amended to have Section 36-605. b. read, "The applicant shall provide at the time of application, sufficient information to show that construction and installation of the antenna or tower will meet or exceed the standards and requirements of the UBC (Uniform Building Code). Commissioner Thompson seconded. Ayes--all The motion passed. Wetland Setback Variance~General Sprinkler Corporation (County Road D) The staff report was presented by Ken Roberts, associate planner. Mr. Roberts answered questions from the commissioners. He said a survey is required to verify the accuracy of the drawing submitted by Mr. Winecki. Mr. Winecki's consultant will set the wetland edge where he thinks it is. Then it will probably be surveyed by Mr. Winecki's surveyor who will forward that information to the watershed district. The watershed district then will check it. In the future, the watershed district will be reviewing commercial submittals but will not be doing the initial work for the application. Cliff Aichinger, administrator of the watershed district, answered questions. He desc~:ibed the their role as an "offer of assistance" to property owners in the district. The watershed staff marks a conservative wetland determination of an area. If the applicant does not care to accept Planning Commission Minutes of 11-18-96 -3- this delineation, he can hire his own consultant to reassess the wetland area. Based on information submitted from this consultant, the watershed district will then review their determination. Mr. Aichinger said the general definition of wetland in Minnesota is that the water has to be within 12 inches of the surface during two weeks of the growing season (mid-May). The applicant, Frank Winiecki, said he was comfortable with the staff recommendations. Staff emphasized that Mr. Winiecki was not being asked to do anything that would not be required of any other developer requesting this type of variance. Commissioner Frost moved the Planning Commission recommend: Adoption of the resolution which approves a 60-foot wetland buffer variance for the proposed General Sprinkler Corporation building on County Road D, east of Highway 61. The city should approve this variance because: The variance would be in keeping with the spirit and intent of the ordinance. The Ramsey- Washington Metro Watershed District has classified the adjacent wetland as a Class 1 wetland-the most significant wetland type. The proposed variance would not be excessive and would still protect the wetland, which is the intent of the ordinance. The applicant has shown that strict enforcement would cause undue hardship because of circumstances unique to the property and not created by the property owner. Undue hardship means the owner or developer cannot put the property to a reasonable use if the city denies the variance. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The wetland ordinance created the difficulty and the proposed variance is not excessive. 3. The proposal offers protection to the wetland for wildlife habitat and aesthetic enhancement, which are also functions of a wetland buffer. Approval is subject to the applicant or owner doing the following: 1. Submitting a certificate of survey for the area that shows the location of: a. The ditch and wetland to the south and east of the site. b. The ditch and wetland to the west of the site. c. All property lines. d. County Road D and any existing utilities. e. The existing culverts for the ditches on either side of the site. f. The location, size and species of any large trees on the site. Submitting a grading and landscaping plan for the perimeter areas of the site between the driveways and parking lot and the wetland edge (including the wetland buffer). This plan shall be subject to the requirements of the city staff and the Ramsey-Washington Metro Watershed District. Dedicating a wetland-buffer easement. This easement shall be prepared a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a building permit. Planning Commission Minutes of 11-18-96 -4- 4. Follow the site plan date-stamped November 1, 1996, subject to any changes required by city staff or the community design review board (CDRB). 5. Accepting responsibility for any necessary maintenance and upkeep of the ponding area and any sump catch basins. Commissioner Ericson seconded. AyesBall The motion passed. Commissioner Rossbach arrived at this time (about 8 p.m.). VI. NEW BUSINESS Maplewood Imports, 2780 Highway 61 North--Wetland Buffer-Width Variance and Conditional Use Permit Ken Roberts, associate planner, presented the staff report. Mr. Roberts and Melinda Coleman, community development director, answered questions from the commission. David Dahlquist of RLK Associates, the site designer and engineer for the project, gave some history of this wetland area. Mr. Dahlquist felt the 18-20 foot slope buffer that would exist after construction would actually improve the vegetation from what it is now existing. Commissioner Rossbach asked why a rocked trench was planned instead of a retention pond. Mr. Dahlquist felt the trench was adequate for this size development. Ken Haider, public works director, said there wasn't an average time frame before ponds needed to be dredged. He said there hasn't been a need to dredge any of these ponds after construction was completed in a development. Mr. Haider thought it would be a significant length of time (tens of years) before a pond would need dredging. Mr. Rossbach said he was concerned with looking for a way to improve the quality of water before it enters the wetland. Mr. Dahlquist said the drainage lines are not changing and he felt the grass in front of the building acts as a filtration area before the water gets into the swale. Since there is no curb in this area of the parking lot, the water would flow unto the grass area and be cleansed somewhat before entering the culvert. Mr. Dahlquist affirmed that the water would go directly to the ditch area and not through catch basins. He said elbows would act as skimmers to keep grease and oil from going into the sump pumps. Doug Molder, of Maplewood Imports, spoke about the speaker system and lights at the dealership. Mr. Dahlquist pointed out that most of the site was already paved and that the addition of sump catch basins and trenches was an improvement to the existing conditions. He said an open water pond would be an alternative measure. This was not planned for economic reasons and because they wanted to stay out of the buffer area. Brian Rathke with Ryan Companies commented that, if soil borings were done and found that the soils would not provide suitable drainage, they then would consider excavating and providing bedding material. He said the owners have evaluated the options and considered the concerns and interests of the neighbors. Commissioner Rossbach thought the "prudent choice" would be to require a retentior{ pond. He said it is a better water-treatment system, and it is known how it works. Mr. Haider said a retention pond would cause significant disruption, i.e. perhaps excavation and berming, within Planning Commission -5- Minutes of 11-18-96 the buffer area. Cliff Aichinger of the Ramsey Washington Watershed District agreed that more granular materials could be substituted, as Mr. Rathke mentioned, so that the water could be better filtered before going into the water table. Commissioner Pearson moved the Planning Commission recommend: Adoption of the resolution which approves a 50-foot wetland buffer variance for the proposed parking lot expansion of Maplewood Imports at 2780 North Highway 61. Approval is based on the following findings: Strict enforcement of the code would cause undue hardship because of circumstances unique to the property. The hardship is caused by an old excavation on the site which evolved into a Iow-quality wetland. Due to its connection to a large, higher-quality wetland, the property owner would be required, by code, to provide a 50-foot setback. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the quality of the wetland buffer by the pre-treatment of storm runoff prior to its discharge into the wetland. Approval is subject to the applicant doing the following: 1. Submitting a grading and landscaping plan subject to the requirements of the city staff and the Ramsey-Washington Metro Watershed District for the wetland buffer. 2. Dedicating a wetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a building permit. Adoption of the resolution which approves a conditional use permit to expand the auto dealership at 2780 North Highway 61 to be closer than 350 feet to the adjacent residential district. This permit is based on the standards required by ordinance 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. 2. The proposed construction must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. Commissioner Kopesky seconded Ayes--Ericson, Fischer, Frost, Kopesky, Pearson NaysmRossbach The motion passed. Commissioner Rossbach said he voted against the motion because he didn't feel infiltration trenches were the appropriate method to work with the parking-lot water. Planning Commission Minutes of 11-18-96 -6- B. Commercial Property Study Ken Roberts, associate planner, presented the staff report. He also answered questions from the commissioners. While the commission waited for some additional information from staff, Commissioner Rossbach suggested discussing Items 1 and 2 of the staff report. He said these topics were brought about because of the need for ways to buffer the problems created by residential property next to commercial development. He felt, because of the manner in which things are set up, discretion seems to be left up to the community design review board. It is Commissioner Rossbach's opinion that the review board is '.'much more commercially-oriented" than what the planning commission attemps to do. Some of the commissioners discussed permissive and restrictive positions. Commissioner Rossbach thought that the community design review board should make recommendations, as the planning commission does, to the city council for its decision. Chairperson Fischer said she thought wording permissively or restrictively still allowed flexibility. She interpreted Commissioner Rossbach's intentions by suggesting that Sec. 36-27. (a) read: "The community design review board will require shrubs and trees in this area unless it is deemed inappropriate or unnecessary." Other commissioners agreed with this change in wording. Commissioner Rossbach also suggested changing Sec. 36-27 (d) to read: "They city will require landscaping, including trees and shrubs, with any screening fence unless it is deemed inappropriate or unnecessary." Commissioner Rossbach thought that when a building gets to be a certain size, a 100-foot setback should be required. He proposed that, when an exterior wall faces a residentially-zoned property, the wall setback should be increased by ten feet for each one thousand square feet, or part thereof, in excess of one thousand square feet. He said the setback should be in ten-foot increments, the base should be 1,000 square feet, and once it reaches 2,000 square feet it should be 100 feet away. MelJnda Coleman, director of community development, felt a radius study on these proposals was necessary. It was decided to table the building size setback discussion until additional information is received. Commissioner Pearson said outside speakers in commercial applications contributed to the intensity of use. He thought something about decibel readings should be included in the ordinance. Mr. Roberts said state standards are referred to in these cases. Mr. Pearson mentioned the noise from the air conditioning at the senior center near his home. He felt, as a matter of design, these units could better have been placed on another side of the structure. Chairperson Fischer asked that these concerns be communicated to the community design review board for consideration in their review. Pawn shops and gun shops, and the problems associated with them, were discussed. Commissioner Pearson said changes have been made in the laws to regulate gun dealers and their inventory since this was last discussed by the planning commission. It was suggested to add pawn shops and gun shops as separate items under Sec. 36-151. Uses. Chairperson Fischer suggested making a priority list of items that needed additional information from staff. These items would then be returned to the planning commission for further consideration. Ms. Fischer also asked the commissioners to look over the list of uses on page 5 of the staff report. If any uses are missing or shouldn't be on the list, or if any of the new commission members had questions, these should be discussed when this item is brought back before the commission. Planning Commission Minutes of 11-18-96 -7- The consensus of the planning commission was to table this item until more information on the building size and exterior wall space of commercial buildings was available and also new data on pawn and gun shop regulations. VII. VISITOR PRESENTATIONS There were no visitor presentations. VIII. COMMISSION PRESENTATIONS A. November 12 Council Meeting: B. November 25 Council Meeting: IX. STAFF PRESENTATIONS There were no staff presentations. X. ADJOURNMENT The meeting adjourned at 10:07 p.m. Mr. Thompson reported on this meeting. Mr. Rossbach will attend this meeting. TO: FROM: SUBJECT: LOCATION: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Street Vacations Bradley Street, south of Kingston and Kingston Avenue, east of Bradley Street January 6, 1997 INTRODUCTION Mr. Scott Farinella is proposing to vacate two unused street right-of-ways. They are the Bradley Street right-of-way south of Kingston Avenue and the Kingston Avenue fight-of-way east of Bradley Street. (See the maps on pages 3 and 4.) BACKGROUND On September 23, 1996, the city council ordered a feasibility study for the construction of a water main on Bradley Street and Kingston Avenue, south of Ripley Avenue. On November 25, 1996, the council did not accept the proposed water main improvement project for Bradley Street and Kingston Avenue. DISCUSSION Maplewood has no plans to build Br;;dley Street south of Kingston Avenue or Kingston Avenue east of Bradley Street. This is because these two streets would run into the DNR trail and existing wetlands. There may be a need for the city or others to install utilities (water and electric) in these right-of- ways. As such, the city should keep a drainage and utility easement over most of each of these right-of-ways to protect these possible utilities. RECOMMENDATIONS A. Adopt the resolution on page 5. This resolution vacates the Bradley Street right-of-way south of Kingston Avenue. The city should vacate this street right-of-way because: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street in this location. 3. The adjacent properties have street access. This vacation is subject to the city keeping a drainage and utility easement over the east 40 feet of the right-of-way. B. Adopt the resolution on page 6. This resolution vacates the Kingston Avenue right-of-way east of Bradley Street. The city should vacate this street right-of-way because: 1. It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street in this location. 3. The adjacent properties have street access. This vacation is subject to the city keeping a drainage and utility easement over the south 40 feet of the right-of-way. SITE DESCRIPTION Existing land use: Undeveloped REFERENCE SURROUNDING LAND USES North: East: South: West: House at 1760 Bradley Street DNR Trail DNR Trail House at 528 Kingston Avenue p:sec17/bradley.vac Attachments: 1. Location Map 2. Property Line Map 3. Bradley Street Vacation Resolution 4. Kingston Avenue Vacation Resolution 2 Attachment 1 2400N PLAZA ALYARADO DR B£LLECREST DR DEAUVILLE DR IdERIDIN~ DR 3 CT. ~NADA VIKING DR. CT. BURK£CT. Sandy Lake SKILLMAN AVE. IdT. VERNON DOWNS AVE. BELLWOOD AVE. SUMMER AVE. BELMONT KILLMAN RIPLEY AVE. AVE. SUMMER BELMONT AV. BELLWOOD PAUL LOCATION MAP 1,3o (74) c'r(,,) iND 2. (7?) .. 1800 AttachTent 2 RIPLEY AVENUE i STON 1760 K I.ISac. J: ~o PROPOSED VACATIONS ~, ¢~"), II RICE- LARPENTEUR AVENUE - ~"~'~"~.~J~,-~. · SAINT PAUL $ STREET VACATION RESOLUTION Attachment 3 WHEREAS, Mr. Scott Farinella applied for the Vacation of the following-described street right- of-way: That part of Bradley Street between the south right-of-way line of Kingston Avenue and the north and west right-of-way line of the Minnesota DNR trail in Section 17, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: 1. On January 21, 1997, the planning commission recommended that the c'~ council approve this vacation. 2. On February 10, 1997, 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 properties: Lots 1 - 4, Block 6 and Lot 26, Block 7, Kings Addition to the City of Saint Paul in Section 17, Township 29, Range 22. 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 applicant have no plans to build a street in this location. 3. The adjacent properties have street access. This vacation is subject to the city keeping a drainage and utility easement over the east 40 feet of the right-of-way. The Maplewood City Council adopted this resolution on ., 1997. Attachment 4 STREET VACATION RESOLUTION WHEREAS, Mr. Scott Fadnella applied for the vacation of the following-described street right-of-way: That part of Kingston Avenue between the east right-of-way line of Bradley Street and the north and west right-of-way line of the Minnesota DNR trail in Section 17, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: On January 21, 1997, the planning commission recommended that the city council approve this vacation. On February 10, 1997, 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 headng 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 properties: Lot 14, Block 2 and Lot 26, Block 7, Kings Addition to the City of Saint Paul in Section 17, Township 29, Range 22. 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 a street in this location. The adjacent properties have street access. This vacation is subject to the city keeping a drainage and utility easement over the south 40 feet of the right-of-way. The Maplewood City Council adopted this resolution on ,1997. MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: City Manager Ken Roberts, Associate Planner Used Motor Vehicle Sales Lot 1225 Frost Avenue (George's Auto Body Shop) George Hirsch January 13, 1997 INTRODUCTION Project Description Mr. George Hirsch proposes to open a used motor vehicle sales lot. This lot would be on the site of his auto body repair shop at 1225 Frost Avenue. (See the maps on pages 5 - 8.) The vehicle sales business would be in addition and supplementary to his auto body repair shop. Mr. Hirsch wants to have up to five vehicles for sale on the site. (See his statement on page 9.) He is not proposing any changes to the buildings or to the site. Requests Mr. Hirsch is requesting that the city council approve: 1. A conditional use permit (CUP) for a used motor vehicle sales lot. 2. The site plan. City staff also is recommending that the council approve a parking reduction authorization for the site. BACKGROUND On May 9, 1988, the council approved a CUP (subject to 3 conditions) for Mr. Hirsch to build a 40-foot by 40-foot metal pole building. Mr. Hirsch uses this pole building to store vehicles and parts. The city code requires council approval of a CUP for metal buildings in the BC (business commercial) zoning district. The council has reviewed this CUP three times since the original approval. DISCUSSION Conditional Use Permit There is a car wash, a towing business and the other vehicle repair shops on either side of this site. Having a vehicle sales lot with up to five vehicles on this site would be compatible with these adjacent properties and land uses. Off-Street Parking and Site Plan Section 36-22 of the city code requires 12 off-street parking places for the body shop and storage building. This includes 8 spaces for the repair bays and employees of the body shop. The city intended these parking standards, however, for mechanical repair facilities where vehicles are REFERENCE SITE DESCRIPTION Site size: 10,15'7 square feet (0.23 acres) Existing land use: George's Auto Body shop and storage building SURROUNDING LAND USES North: Outdoor storage area and DNR Trail South: City open space across Frost Avenue West: Maplewood Dairy building with D & D Towing and car repair business East: Classic Car Wash PAST ACTIONS Mr. Hirsch put the auto body repair shop in this location in 19'77. On August 8, 1983, the community design review board (CDRB) approved plans for Mr. Hirsch to add a dwelling unit addition on top of the body shop. This approval was subject to five conditions. PLANNING Land Use Plan designation: BC (business commercial) Zoning: Be Ordinance Requirements Section 36-151 (b)(5) requires a CUP for the sale of used motor vehicles. Criteria for Conditional Use Permit Approval Section 36-442(a) states that the city council may approve a CUP, based on nine standards. (See findings 1-9 in the resolution on pages 10 and 11 .) kr/p:Sec 16/1225 frst. mem Attachments: 1. LocalJon Map 2. Property Line/Zoning Map 3. Site Plan and Survey 4. Site Plan 5. Applicant's Ststement 6. CUP Resolution 4 Attachment 1 DR. --,¢LMONT SKill ROAD C VIKING SHERREN AVE, AVE. ] LO~ AVE. : ~-- LOCATION MAP 5 Attachment 4 SITE PI. AN B Attachment 5 ! 1~i ' ~,, i,i ~[c ~ ~ m~ i11. ~._~~ 18gS"Fro.~ OOC, ~__o rcF ~u, Attachment 6 TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Zoning Map Change Minneapolis Radiation Oncology Clinic 3004 Hazelwood Street January 10, 1997 INTRODUCTION Project Description Ms. Clare Malmin, representing Maplewood Properties, LLC, is proposing to build a radiation oncology clinic at 3004 Hazelwood Street. This medical clinic would be just north of Saint John's Hospital and would replace the existing house and detached garage. The proposed one-story building would be about 6,400 square feet and have 30 parking stalls. The building exterior would be face brick with one brick band accent stripe and concrete lintels and sills. As proposed, there would be a landscape berm between the proposed clinic building and the houses to the north. Refer to the maps on pages 6 and 7 and the proposed site plan on page 8. Requests To build this facility, Maplewood properties is requesting that the city approve a rezoning from R-1 (single-family residential) to BC (business commercial). Refer to the map on page 7. This is because the code does not allow clinics or medical facilities in the R-1 zoning district. If the city approves the zone change request, than the applicant will request city approval of the building elevations, site and landscape plans. The site plan on page 8 is a concept for the city's review of the zoning map change. DISCUSSION As proposed, the clinic would be more compatible with the existing and planned adjacent commercial development than the existing house. To the south is Saint John's Hospital and to the east and southeast is undeveloped land that the city is planning for commercial development. The proposed zoning map change and clinic are consistent with the existing BC (business . commercial) land use designation. (See the land use plan map on page 6.) In addition, the city's land use map designates the land across Hazelwood Street for commercial and light industrial uses. As proposed, the landscaping would screen the building and parking from the neighboring houses to the north. There are four city requirements for rezoning. These are in the resolution on page 12. This proposal would meet the rezoning criteria. Site Plan The land use plan on page 6 shows the city planning for a major collector street between Highway 61 and Southlawn Ddve between Beam Avenue and County Road D. This future street would be along the south side of this site. As such, the applicant should revise the site plan to show the building with at least a 63-foot setback from the south property line. This setback would allow for one-half the street right-of-way (33 feet) and for a 30-foot setback from the right-of-way. The community design review board will review the specifics of the design plans if the city approves the zoning map change. RECOMMENDATION Adopt the resolution on page 12. This resolution changes the zoning map from R-1 (single-family residential) to BC (business commercial). This rezoning is for the property at 3004 Hazelwood Street for the proposed Minneapolis Radiation Oncology Clinic. The city bases this rezoning approval on the findings required by the code and that it would be consistent with the comprehensive plan. This approval shall be in effect for one year. If the owner or developer does not get a building permit for a medical clinic within one year of the zoning change approval, the matter shall come back to the city council. 2 CITIZEN COMMENTS City staff surveyed the six property owners within 350 feet of the proposed clinic site. We received 4 replies. Of these, I was for the proposal, 2 were against and 1 had no comment. (See the letter on page 11.) Those against the proposal were concerned about the location of the property lines (neighbor to the north) and the fear that this change would ruin the nearby residential property values. REFERENCE SITE DESCRIPTION Site size: 1.45 acres (63,000 square feet) Existing land use: A house and detached garage SURROUNDING LANDUSES North: East: South: West: Houses on Hazelwood Street Undeveloped land planned for commercial use Saint John's Hospital property Undeveloped land across Hazelwood Street planned for light manufacturing use PLANNING Land Use Plan designation: BC (business commercial) Existing Zoning: R-1 (single dwelling residential) Proposed Zoning: 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. 2. 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. 3. 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. kr/p:sec3/oncology.mem Attachments: 1. Location Map 2. Hazelwood Neighborhood Land Use Plan 3. Property Une/Zoning Map 4. Site Plan 5. 12-13-96 letter 6. 12-27-96 letter from Robert Hajicek 7. Zoning Map Change Resolution Attachment 1 LOCATION MAP Attachment 2 interchange REVISED 07/06/93 7-20-95 12/06/94 10-13-95 12/12/94 11-01-96 1/19/95 principal arterial 694 interchange Vadnais Heights :i mlnlor arterial M-1 major collector M-1 /c olle c~O:r.-i-. P cpllec!tur .- ~ r major collecto~ *M1 I - LB( M'I · ---~-, Highway 36 I chahge I ; ' ; ' . '1~r: I HAZELWOOD NEIGHBORHOOD LAND USE PLAN PLANNING AREA NUMBER 4 Figure 13 GOLF COURSE Attachment 3 PROPOSED ONCOLOGY CLINIC F PROPERTY LINE I ZONING MAP I F.H. ,., 225.07' N B9'55'08' W EXISTING GARAGE 0 0 0 0 0 ~*~' 0 %',~0 '" "~",~ LANDSCAPE BERM O PATIENT PARKING (23 STALLS) O LANDSCAPE (6.*00 S.F.) ! 0 r.H;,o~Ul I I WA'r~R I -,- , oo o -e-~:)-e-e- ' / ~ GAS 225.,53' N B9'55'04" W u~ ELEC. ~ ~RANSrORMER (r) u~uTY UN[S (E) OVERHEAD F~C. UNE EXIS~NG 1REE ~ EXISTING TREE EXISTING TREE SITE PLAN 8 ~mber 13, 1996 LARKI~, HOFFM^N, DAL¥ & LIND6REN, LTD. ATTORN['-'¥S AT [.AW IS00 NORW~ST FINANCIAL CENTER 7904) XERXES AVENUE SOUTH BLOOMINGTON. MINNESOTA S6431-11G4 TELEPHONE (812) 83S..$800 FAX (612) B9S-3333 Ms. Melinda Coleman Community Development Director City of Maplewood 1830 East County Road B Maplewood, Minnesota $5109-2797 Re: Land Use Applications for Maplewood Properties, LLC Development of Kincaid Property for Mirmeapolis Radiation Oneology Dear Melinda: This letter describes the land use approvals sought by Maplewood Properties, LLC, in connection with the proposed redevelopment of the Kincaid property ("Property"), for use as a medical clinic in the City of Maplewood, Minnesota ("City"). In this regard, we are submitting a Rezoning Application and a Community Development Design Review Board Application (collectively, the Applications) for your review. 1. PRO~ECT DESCRIPTION/SITE FEATURES Maplewood Properties has recently e~tered into a purchase agreement with Margaret D. Kincaid for the purchase of property located at 3004 Hazelwood Street North in the City. The Property consists of approximately 63,000 square feet and is presently occupied by a single family detached residence and detached double garage. Maplewood Properties proposes to construct a medical office building of approximately 6,400 square feet on the Property. The medical cl;n;c will be operated by ~;--e~.eolis Radiation Oncology (MRO) for the treatment of cancer patients. MRO has identified a need for this critical medical service in the northern County area. The next.nearest oncology c1~-~c is in downtown St. Paul, l~--eso~ Inasmuch as cancer patients require daily treatment for a period of several weeks, albeit for a brief period of time each day, location of the clinic is an important factor. 9 LAKK{N, HOFFMAN, DALY & LINDGKEN, LTD. Ms. Meliada Coleman December 13, 1996 Page 2 MRO will employ 7-8 professional staff at the clinic. Hours of operation are 8am to 5pm, Monday through Friday. Weekend service is provided only ia ease of emergency. MRO will ~reat an average of 30 patients during each business day, or approximately 3 per hour. The Property is on the south end of a strip of lots bordering Hazelwood Stree! that are zoned residential and are occupie~l by four (4) other single-family homes. The Pwperty is.separated from the nearest residence to the north by at least 100 feet. There is ample room to shield the clinic with landscaping, if necessary. The Property is located directly north of St John's Northeast Hospital and is bounded by farm property directly to the east. Maplewood Mall and other commercial retail uses are also situated to the east of the Property. To the wes~ of the Property are wooded, undeveloped lots and an excavation and grading operation. 2. CITY OF MAPLEWOOD COMPREHENSIVE PLAN a. Under the City's Comprehensive Plan (the "Plan"), the Property's land use designation is Business and Commercial (BC). This classification "includes a wide variety of commercial uses." The Plan advo~cates adherence to several commercial and industrial policies. These policies include: · the grouping of compatible businesses in suitable areas; · providing atlracfive surroundings in which to shop and work; · requiring adequate off-street loading facilities; · the promotion of the joint use of parking areas, drives and irash containers; · the avoidance of disruption ofadjacen! residential areas; · ensuring compatibility with surrounding residential uses; · reauiring screening or buffering of new or expanded commercial areas from any ~l~acent existing or planned residential development. The prospective use of the Property involves a medical clinic. A medical clinic is compatible with St. John's Hospital and the uses contemplaIed under the Business and Commercial guidelines. Moreover, establishing a medical clinic within the vicinil~ of Si. John's Hospital will advance the City's policy of grouping compatible businesses and minimizing disruption of adjacent residential areas. 10 RO6~RT F. HAJIC£K 1700 £. COUNTY ROAD D ST PAUL,HN 55109 Attachment 6 REZONING RESOLUTION Attachment 7 WHEREAS, Clare Malmin, representing Maplewood Properties, LLC, applied for a rezoning from R-1 (single-family residential) to BC (business commercial). WHEREAS, this rezoning applies to a 1.45 acre tract at 3004 Hazelwood Street. The legal description of the property is: Lots 8-29, Block 6, Dorle Park in Section 3, TOWnship 29, Range 22, Maplewood, Minnesota WHEREAS, the history of this rezoning is as follows: The planning commission reviewed this rezoning on January 21, 1997. They recommended that the city council 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 heating an opportunity to speak and present wdtten 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: 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. 3. 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. 5. The proposed zoning change would be consistent with the Maplewood Comprehensive Plan. This approval shall be in effect for one year. If the owner or developer does not get a building permit for a medical clinic within one year of the zoning change approval, the matter shall come back to the city council. The Maplewood City Council adopted this resolution on ,1997. ]2 TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Tax-Forfeited Properties January2,1997 INTRODUCTION City staff is recommending that Maplewood acquire use deeds for three tax-forfeited properties. The first property is south of the house at 1712 Beaumont Street (north of Larpenteur Avenue), the second is behind the house at 1839 Frank Street south of Gloster Park, and the third is on the south side of Minnehaha Avenue east of Femdale Street. (See the maps on pages 3 through 8.) If the city does not apply for a use deed, the county will try to sell each of these properties. A use deed would cost the city about $26.15 for each property plus any lost assessments. BACKGROUND On August 30, 1996, the former owners of these properties forfeited them because they did not pay the real estate taxes. DISCUSSION Site One Site One is a .87 acre property with a Iow area that serves as a neighborhood ponding site. The director of public works said that the city should acquire this property for ponding and drainage purposes. If the city does not acquire this lot, the county would try to sell it. It is 138 feet wide by 275 feet deep (38,005 square feet). The adjacent property owner to the east on Jackson Street might want to buy this property to increase their site acreage for density calculation purposes. Acquiring this lot has a disadvantag= the city would not collect $2755.80 in assessments against the lot. Site Two Site Two is a .22 acres rectangular parcel fronting on the undeveloped Edward Street right-of- way and is directly south of Gloster Park. Maplewood has zoned this site R-1 (single dwellings). The director of parks and recreation said that the city should acquire Site Two for parks and open space purposes. If the city does not acquire this property, the county would try to sell it. The owner might try to build on it by asking the city council permission to use the Edward Street right-of-way for a private ddveway to the property. Acquiring this lot has a disadvantage---the city would not collect $200 in assessments against this lot. ; Site Three The third site identified by city staff for acquisition is a lot fronting Minnehaha Avenue east of Femdale Street. Low ground and wetlands cover almost all this property. Maplewood would use this site for drainage and ponding purposes. If the city does not acquire this property, the county would try to sell it. The area of this lot is 35,700 square feet (.82 acres), almost all of which is Iow ground and wetland. Acquiring this lot has a disadvantagc the city would not collect $130.62 in assessments against this lot. RECOMMENDATIONS A. Adopt the resolution on page 9. This resolution requests that the county convey Site One to the city for drainage and ponding purposes. B. Adopt the resolution on page 10. This resolution requests that the county convey Site Two to the city for parks and open space purposes. C. Adopt the resolution on page 11. This resolution requests that the county convey Site Three to the city for drainage and ponding purposes. p:misc/usedeed3.mem Attachments: 1. Location Map- Site One 2. Property Une/Zoning Map - Site One 3. Location Map - Site Two 4. Property Line/Zoning Map- Site Two 5. Location Map - Site Three 6. Property Line/Zoning Map- Site Three 7. Resolution--Site One 8. Resolution--Site Two 9 Resolution--Site Three Attachment A B C 2400N LITI'LE CANADA COUICTY RD. Sandy Lake SKILLMAN AVE. MT. VERNON DOWNS AVE. BELLWOOD AVE. SUMMER AVE. FENTON AVE. BELMONT IN. -- ~KILL.MAN RIPLEY AVE. AVE. SUMMER ~ V]KII~ BELLWOOD <~ AVE, Attachment 2 C;ty ! WATE~ UTILITY "44 (,~) ~& 1 ! * ~ LARp NTEURAv 6E"'" """-?. - '. E EN "'P- Y ~ 'G':" .- U " ". ~ ,': I. .~ ,--,., ,t,~ SAINT PA L · ~,_~ t Ala,~_v~ VIKING DR. JRIE CT. BURKE BELMONT :IL[MAN AV. PAI.J~4 CT. CONNO~ ~'.[ oE~o~,e BROOKS CT. BURKE CT. Attachment 3 SEXTANT AVE. OERVNS GERVNS ~ VlKINO cl LELAND dUNCTION (1) CHAMBERS ST:, cou~S~ I~ oOt.~' SKILL g COPE ~ EL.DR BELMONT SKILL MAN SHERREN AVE. Kn ~ ISBIE AVE:. ISAiNT PAUL Phalen LOCATION MAP SITE TWO 5 Attachment 4 ,? RIPLEY ~C~PHIA GLOS PAR OPEN SPACE R3 /. R2 4 PROPERTY LINE I ZONING MAP SITE TWO Attachment 5 9 MN3NOI IA A~ 960N 720N 10 LA. BRAND AVE. ST. F.,. 7th ST. 480N 11 12 CONWAY 1=3~ON D~ TOlllgel, l Lake 240N SITE THREE 7 Attachment 6 I CEMETERY I ~s3.~.~, .,.- , - - MINNEHAHA AVENUE ~-'~'~.=~,- s I I <.34,) AVE. Attachment 7 RESOLUTION AUTHORIZING AN APPLICATION FOR CONVEYANCE OF TAX-FORFEITED PARCELS WHEREAS, the City of Maplewood has decided that the city needs the following-described tax-forfeited lands for drainage and ponding purposes: Saint Aubin and Dion's Rice Street Addition to the City of Saint Paul, Ramsey County, Minn., the west 1/2 of vacated alley accruing and fol subject to avenue, Lots 16 thru Lot 19, Block 14, (PIN 18-29-22-34-0076)and Saint Aubin and Dion's Rice Street Addition to the City of Saint Paul, Ramsey County, Minn., the west 1/2 of vacated alley accruing and fol, Lot 20, Block 14, (PIN 18-29-22-34-0077) and Saint Aubin and Dion's Rice Street Addition to the City of Saint Paul, Ramsey County, Minn., the west 1/2 of vacated alley accruing and fol, Lot 21, Block 14, (PIN 18-29-22-34-0078) and Saint Aubin and Dion's Rice Street Addition to the City of Saint Paul, Ramsey County, Minn., the west 1/2 of vacated alley accruing and fol, Lot 22, Block 14, (PIN 18-29-22-34-0079). WHEREAS, the Iow area on these properties makes development of the site difficult. NOW, THEREFORE, BE IT RESOLVED, that the city council authorizes the Director of Community Development to apply for a use deed for said tax-forfeited land for drainage and ponding. The Maplewood City Council adopted this resolution on ,1997. Attachment 8 RESOLUTION AUTHORIZING AN APPLICATION FOR CONVEYANCE OF A TAX-FORFEITED PARCEL WHEREAS, the City of Maplewood has decided that the city needs the following-described tax-forfeited land for park and open space purposes: Lakeside Park, Ramsey County, Minn., Lots I and 2, Block 1 (PIN 16-29-22-42-0073) WHEREAS, Maplewood needs more park land in this part of this city. WHEREAS, the property does not have frontage on an improved public street. NOW, THEREFORE, BE IT RESOLVED, that the city council authorizes the Director of Community Development to apply for a use deed for said tax-forfeited land for parks and open space. The Maplewood City Council adopted this resolution on ,1997. Attachment 9 RESOLUTION AUTHORIZING AN APPLICATION FOR CONVEYANCE OF A TAX-FORFEITED PARCEL WHEREAS, the City of Maplewood has decided that the city needs the following-described tax-forfeited land for drainage and ponding purposes: Farrell's Addition, Lot 4, Block 2, Ramsey CoUnty, Minn., (PIN' 36-29-22-11-0010). WHEREAS, the wetland on this property makes development of the site difficult. NOW, THEREFORE, BE IT RESOLVED, that the city council authorizes the Director of Community Development to apply for a use deed for said tax-forfeited land for drainage, ponding and open space. The Maplewood City Council adopted this resolution on ,1997. TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Planning Commission's 1996 Annual Report January 2, 1997 INTRODUCTION The city code requires that the planning commission prepare an annual report to the city council by their second meeting in February. This report should include the commission's activities in the past year and major projects for the new year. 1996 ACTIVITIES The commission considered the following: 10 changes to the land use plan 7 changes to the zoning map 7 preliminary plats 3 ordinances 19 conditional use permits 5 vacations of right-of-ways or easements 4 variances 12 miscellaneous requests The commission also reviewed and'approved the wetland ordinance, performed a review of proposed open space sites, took a tour of development sites, reviewed and approved the livable community act and housing goals for Maplewood. 1996 LAND USE PLAN CHANGES The commission considered 10 changes to the land use plan in 1996. Changes PC Action Council Action Ismaili Community Church (1460 Skillman Avenue) From G (government) to C (church) Approved Approved Parkview (A J) Plat Approved Approved (Londin Lane and Lower Afton Road) From R-3(M) and CO (commercial office) to R-1 (single dwellings) From R-3(M) to OS (open space) From CO (commercial office) to BC-M (business commercial modified) From R-3(M) and CO (commercial office) to LBC (limited business commercial) Heather Ridge Approved (Ariel Street and Highway 36) From R-3(M) to BC-M (business commercial modified) Approved Regnier Open Space Approved (east of Arcade Street, north of Keller Parkway) From R-1 (single dwellings) to OS (open space) Approved Good Samaritan Nursing Home Approved Approved (550 Roselawn Avenue) From R-1 (single dwellings) to R-3H (multiple dwellings - high density) Slumberland Furniture Store Approved Approved (County Road D) From R-3H (multiple dwellings - high density) to BC (business commercial) Stielow Open Space Approved (Sterling Street and Carver Avenue) From R-1 (single dwellings) to OS (open space) Approved 1996 ZONING MAP CHANGES The Commission considered 7 changes to the zoning map in 1996. Changes PC Action Council Action Parkview (AJ~ Plat Approved Approved (Londin Lane and Lower Afton Road) From F (farm residence) and CO (commercial office) to R-1 (single dwellings) From CO (commercial office) to BC-M (business commercial modified) From F and CO (commercial office) to LBC (limited business commercial) North Glenn Fourth Addition Approved Denied (Castle Avenue, east of White Bear Avenue) From R-1 (single dwellings) to R-1S (small lot single dwellings) Heather Ridge Approved Approved (Ariel Street and Highway 36) From R-3 (multiple-family residential) to BC-M (business commercial modified) Good Samaritan Nursing Home' Approved Approved (550 Roselawn Avenue) From R-1 (single dwellings) to R-3 (multiple-family residential) $1umberland Furniture Store Approved (County Road D) From R-3 (multiple dwellings) to BC (business commercial) Approved 996 ATTENDANCE Name Appointed Term Expires 1996 Affendance Lester Axdahl 08-08-74 12-98 14 out of 15 Bunny Brueggerman 10-09-95 12-98 14 out of 18 Barbara Ericson 10-09-95 12-97 15 out of 18 Lorraine Fischer 1970 12-98 16 out of 18 Jack Frost 12-10-90 12-97 16 out of 18 Kevin Kittridge 10-12-92 12-97 14 out of 18 Dave Kopesky 08-08-94 12-98 11 out of 18 Gary Pearson 12-10-90 12-99 14 out of 18 William Rossbach 10-10-89 12-99 16 out of 18 Milo Thompson 10-10-94 12-97 16 out of 18 The 1. MEMBERS WHO RESIGNED IN 1996 Lester Axdahl 1997 ACTIVITIES following are the possible activities of the planning commission for 1997: Commercial Property Study - follow closely and work with the city council to adopt code changes and move the study along. 2. Have an annual tour of development sites. 3. Do a review of the comprehensive plan for possible changes or updating. 4. Have a video tape made about the public heating process. 5. Have in-service training for the planning commission. 6. Review the Phalen Watershed Study and recommend an implementation plan to the city council. 7. Have information (including maps) about the comprehensive plan available at the open house. P:\...\miscell\96annrep.mem 3 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner Planning Commission Elections December 27, 1996 INTRODUCTION The planning commission's rules of procedure say that the commission will elect a chairperson and vice-chairperson at the second meeting of each calendar year. The current chairperson is Lorraine Fischer. The current vice-chairperson is Jack Frost. RECOMMENDATION Elect a chairperson and vice-chairperson to serve through Januar~ 1998. krlp/misc/pcelectn.mem