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Home My WebLink About05/05/1997BOOK MAPLEWOOD PLANNING COMMISSION Monday, May 5, 1997 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Minutes April 21, 1997 4. Approval of Agenda 5. New Business a. Resolution of Appreciation - David Kopesky b. Conditional Use Permit - Oversized Accessory Building (2405 Carver Avenue) 6. Unfinished Business In-fill Development Study Visitor Presentations Commission Presentations a. April 28 Council Meeting: Mr. Rossbach b. May 12 Council Meeting: Ms. Fischer c. May 27 Council Meeting: Mr. Kittridge Staff Presentations 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 t 830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA APRIL 21, 1997 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Bunny Brueggeman Commissioner Barbara Ericson Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Kevin Kittridge Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson Present Absent Present Present Present Present Present Present III. APPROVAL OF MINUTES April 7, 1997 Commissioner Frost moved approval of the minutes of April 7, 1997, as submitted. Commissioner Thompson seconded. Ayes--all The motion passed. IV. APPROVAL OFAGENDA Commissioner Brueggeman moved approval of the agenda as submitted. Commissioner Frost seconded. Ayes--all The motion passed. V. NEW BUSINESS A. Saint Paul Hmong Alliance Church (1770 McMenemy Street) Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commissioners. Pastor Lantzia Thao, pastor of Saint Paul Hmong Alliance Church, said their plan is to expand the parking area after the proposed Sunday school addition is completed. Pastor Thao had no problem with the staff recommendations. Commissioner Kittridge moved the Planning Commission recommend: Adoption of the resolution which revises the conditional use permit for a church at 1770 McMenemy Street. This permit is based on the standards for approval required by the ~;ode and subject to the following conditions (additions to the permit conditions are underlined; deletions are crossed out): Planning Commission Minutes of 04-21-97 -2- All construction shall follow the site plan approved by the city. The director of community development may approve minor chanqes "-~'- ...... ,~ ,,.~ .:,A .,~_ .,_,~_, ,, ...... , .,~ The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadlinn fo '":"' c.;';,,~' ~ ad:,;';,,~ r---,~C r one year ....~ ;nccr,~,~,, ,,, ~,,' ,,,A' ,~ ,,._ ~, ,,, ,~,, r ~,,~--',,, drG;n' _,A_~, ..... Reoularly maintain the grounds and pick up all debris as well as maintain the decoratiw;; wood screeninq fences along the South and north sides of the parkinq lot. ~ 4-` The city council shall review this permit in one year. 5_, The city council may require additional parking spaces if a parkinq shortage develops. 6. The plans for Phase II are not approved. The property owner shall submit detailed plane; for the city council's approval prior to beginning this phase. Commissioner Pearson seconded. Mr. Roberts was asked about the city policy for clean up of debris on commercial land. He stated that Condition A. 3. of the staff recommendations would cover maintenance of the Hmong church property. Otherwise, staff investigates complaints of debris on commercial sites and, may require the trash to be removed within a specified time. Ayes--all The motion passed. B. Carey Addition (Carey Heights Drive)--Preliminary Plat, Zoning Map Change (F-R-l) Ken Roberts, associate planner, explained the proposal. Mr. Roberts answered questions from the commissioners. Karen Carey Bonner was present representing Talmage and Theresia Carey. She said they anticipated the staff conditions and were okay with them. Commissioner Rossbach moved the Planning Commission recommend: A. Approval of the Carey Addition preliminary plat (received by the city on March 12, 1997). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. Have NSP install street lights in two locations - at the intersection of Carey Heights Drive and County Road D and where the proposed trail and Carey Heights Drive intersect. Planning Commission Minutes of 04-21-97 -3- Pay the city for the cost of traffic-control, street identification and no parking signs. Provide all required and necessary easements. Remove all junk, scrap metal, debris, and the shed. Cap and seal all wells on site that the owners are not using; remove septic systems or drainfields, subject to the environmental health official's approval. Within one year of the contractor installing the sanitary sewer, the owners of the existing houses on Carey Heights Drive shall connect the houses to the sanitary sewer. Complete all the curb and gutter on Carey Heights Drive on the south side of the site, repair the temporary cul-de-sac and restore and sod the boulevards. Construct eight-foot-wide paved walkways and fencing between Lot 5, Block 1 and Lot 8, Block 2 and Lot 6, Block 3 and Lot 1, Block 4. These trails shall be between the street and the property line on the east side of the site and shall connect to the trail in the new city park west of the site. The developer also shall provide a fence on both sides of the trails and shall install posts at the end of the trails to prevent cars or trucks from using the trail. The developer shall build the trails and any required fencing with the street. The city engineer must approve these plans. Maplewood is requiring the developer to pay for the trails within the plat since the trail will provide access to the new city park to the residents of the new plat. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. (2) Include contour information for all the land that the construction will disturb. (3) Show housing styles that reduce the grading on sites where the developer can save large trees. (4) Show the proposed street grades as allowed by the city engineer. c.* The tree plan shall: (1) Be approved by the city engineer before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 %) inches in diameter and shall be a Planning Commission Minutes of 04-21-97 -4- mix of red and white oaks and sugar maples. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine and other species. (4) Show no tree removal beyond the approved grading and tree limits. d. The street and utility plans shall show: (1) Paved walkways and fencing between Lot 5, Block 1 and Lot 8, Block 2 and Lot 6, Block 3 and Lot 1, Block 4. These trails shall be between the street and the property line on the east side of the site and shall connect to the trail in the park West of the site. The parks and recreation director shall approve their design. (2) The maximum street grade of 8 percent and the maximum street grade within 75 feet of the south edge of County Road D at 2 percent. 3. Change the plat as follows: a. Make the 30-foot-wide walking paths part of the adjacent lots and show them as 38- foot-wide utility and pedestrian easements. Add drainage and utility easements as required by the city engineer. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. d. Show the existing pipeline and NSP easements on the final plat. Secure and provide all required easements for the development including any off-site drainage and utility easements. The applicant or developer shall provide a certificate of survey of the area between the houses at 1174 and 1176 Carey Heights Drive to verify the location of the swimming pool. If necessary, the applicant or developer shall move the proposed property line between Lots 2 and 3, Block 3 to ensure that the pool is completely on the lot with the house at 1174 Carey Heights Drive. 6. Record a deed dedicating 10 feet of additional right-of-way along County Road D for future street widening with the final plat. The applicant shall submit the language for this dedication to the city for approval before recording. 7. Record a covenant or deed restriction with the final plat that prOhibits the driveway on Lot 1, Block I from going onto County Road D. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. The owners of the properties at 1174 and 1176 County Road D shall change the addresses of their properties to Carey Heights Ddve addresses within 30 days of the contractor installing the base bituminous course for the new public street. Planning Commission Minutes of 04-21-97 -5- If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Adoption of the resolution which changes the zoning for the property south of County Road D along Carey Heights Drive. This change is from F (farm residential) to R-1 (single dwellings). The reasons for this change are those in the code and because the owner plans to develop the property for single dwellings. Commissioner Brueggeman seconded. Ayes--all The motion passed. C. Saint John's Hospital (1575 Beam Avenue)--Parking Deck Setback Variance and Conditional Use Permit Revision Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commissioners. Mark Hanson of OSM, the architectural firm working on the project, was present representing the applicant. Mr. Hanson brought a revised parking plan that showed the handicap-parking stalls closer to the building on the west. He said handicap parking is also planned for the southwest corner by the emergency room and near the north end of the building along St. John's Boulevard. Other changes shown on the new plan were a single center drive (instead of two), the parking ramp was cut back (due to constraints of the site on the corner), and surface parking was added along the southwest corner of the lot for emergency. The lower level of the parking ramp, provided for staff and physician use, will be below grade. Mr. Hanson said the intent of the applicant is to separate vehicular traffic and to keep patient areas to the west of the building. Future plans include the extension of St. John's Boulevard to Kennard Street at the time the northeast corner of the parcel is developed. The parking area being proposed at this time will accommodate all the planned future development of St. John's Hospital. Commissioner Rossbach asked for assurance that, by recommending a setback variance for the proposed parking deck, the surface parking lot shown on the revised site plan could not become a parking ramp or building in the future. Mr. Roberts said that if this revised site plan was adopted by the city council as part of the conditional use permit, any changes to this plan would require additional city council approval. Commissioner Kittddge asked about the plans for St. John's Boulevard. Mr. Hanson said Kennard Street currently does not extend far enough north to intersect with the proposed location of St. John's Boulevard. Provisions for the utilities are being made at this time. It is planned that the development of the northeast corner of the total parcel will offset some of the cost of extending this street to Kennard Street. Therefore, the applicant would like to have this street extension occur at the time of this future development or if there is a need. Commissioner Thompson requested a response from the fire department on this proposal. Ken Haider, director of public works, said they would like to see the traffic balanced between Kennard and Hazelwood Streets. Currently, Hazelwood Street is not in the best shape and there Planning Commission Minutes of 04-21-97 -6- is traffic stress at the intersection of Hazelwood and Beam Avenue. Commissioner Kittridge thought the public safety concern would be to get fire-fighting equipment to the building. He did not see where the extension of St. John's Boulevard would have much affect on this. He did agree with Mr. Haider's comments on traffic concerns. Commissioner Rossbach moved the Planning Commission recommend: Ao Adoption of the resolution which approves a 25-foot front setback variance for the proposed parking deck and a 10-foot parking lot setback variance at St. John's Hospital, 1575 Beam Avenue. This variance approval is since: The proposed reduced setbacks would meet the spirit and intent of the ordinance because of the wide boulevard along Hazelwood Street. The wide boulevard would give the proposed parking deck and open parking lot the appearance of having the normal setbacks. The shape of the site creates hardship if the code was met. The right-of-way jogs making it difficult to maintain the standard setback along the westerly frontage of the site. Compliance with setback requirements at the point closest to the right-of-way would result in an odd looking setback further north on the site and would result in a poor use of the available site. Bo Adoption of the resolution which approves the conditional use permit for a hospital at 1575 Beam Avenue. This permit is based on the standards for approval required by the code and subject to the following conditions: 1. All construction shall follow the site plan presented to the planning commission on April 21, 1997. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The city council may require that the property owner add more parking spaces if a parking shortage develops. 5. The property owner shall construct St. John's Boulevard to Kennard Street along with the work planned for Phase 2 of the expansion project. Commissioner Pearson seconded. Ayes--all The motion passed. D. In-Fill Development Study Ken Roberts, associate planner, presented the staff report. Mr. Roberts said that one of the biggest differences for future platting requirements is the proposal that, if the average area or size of the existing single family lots in Maplewood within 500 feet of the proposed site is at least 12,000 sq feet, then the average lot size of the new development will be at least 12, 000 square feet up to an average maximum size of 20,000 square feet. The exception to this would be that Planning Commission Minutes of 04-21-97 -7- staff can administratively review requests from owners of small development sites, i.e. those creating two or three new lots, and the requirement for larger lots sizes would not affect these parcels. Mr. Roberts affirmed that the role of the planning commission would be to "rewrite portions pertaining to in-fill" and write improvements to the existing subdivision requirements and planned unit development ordinance. Commissioner Thompson asked for clarification of various definitions used in the study. Commissioner Brueggeman moved the Planning Commission table the In-Fill Development Study until the next Planning Commission meeting scheduled for May 5, 1997 to give the planning commissioners additional time to view all of the sites. Commissioner Thompson seconded. AyesMBrueggeman, Fischer, Kittridge, Pearson, Rossbach, Thompson NaysMFrost The motion passed. VI. VISITOR PRESENTATIONS There were no visitor presentations. VII. COMMISSION PRESENTATIONS A. April 14 Council Meeting: Mr. Thompson reported on this meeting. B. April 28 Council Meeting: Mr. Rossbach will attend this meeting. C. May 12 Council Meeting: Ms. Fischer is scheduled to attend this meeting. VIII. STAFF PRESENTATIONS Melinda Coleman, director of community development, reported on the resignation of Dave Kopesky from the Maplewood Planning Commission. IX. ADJOURNMENT The meeting adjourned at 8:48 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner Planning Commission Resignation April 22, 1997 INTRODUCTION David Kopesky has resigned from the planning commission. I have attached his letter of resignation and a resolution of appreciation for him. RECOMMENDATION Approve the attached resolution of appreciation. kr/p:miscell/pcresig.mem Attachments: 1. April 15, 1997 letter 2. Resolution April 15, 1997 Melinda Coleman, Community Development City of Maplewood Attachment 1 I started a two-year work detail in May 1996, without knowing the extensive travel involved. I have tried to juggle my travel around planning commission meetings. I was just informed that I will be out of town on April 21st, and for at least nine weeks this summer, missing at least four meetings. Since I am unable to participate at an acceptable level, I am resigning 'my position on the commission effective immediately. As a long-time Maplewood resident I have enjoyed my time on the commission and involvement in planning issues. As I indicated to in my conversation with Lorraine Fisher today, I would still be interested in taking the bus tour this summer to see what's going on provided it falls on one of my seemingly rare times in town. Sincerely yours, Dave Kopesky Attachemnt 2 JOINT RESOLUTION OF APPRECIATION WHEREAS, David Kopesky has been a member of the Maplewood Planning Commission since August 8, 1994 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewoo& and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that David Kopesky is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Passed by the Maplewood City Council on Gary Bastian, Mayor Passed by the Maplewood Planning Commission on May 5, 1997 Lorraine Fischer, Chairperson Attest: Karen Guifoile, City Clerk MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Conditional Use Permit 2405 Carver Avenue April 23, 1997 INTRODUCTION Mr. Larry Grand is requesting that the city approve a conditional use permit (CUP) for his property at 2405 Carver Avenue. This permit is to build a 50-by 80-foot detached storage building to replace an existing 30-by 70-foot pole bam. The city code limits the amount of detached garage or storage building space on this property to a total 2,250 square feet. As proposed, the storage building would be 4,000 square feet. However, the city code allows the council to approve a CUP to increase the detached building area on a property. (See the maps on pages 5 and 6 and the CUP explanation statements on pages 8 and 9.) BACKGROUND On April 25, 1994, the city council ended a conditional use permit for a home beauty shop at this property and replaced it with a home occupation license. DISCUSSION Mr. Grand wants this storage building to store his equipment including vehicles, trailers, tractors and snowmobiles. Since the property is 4.6 acres and next to city open space, the proposed building would not depreciate property values, cause crowding or adverse environmental effects. Most of the neighbors that responded to our survey were for this proposal. (See the survey comments on page two.) RECOMMENDATION Approve the resolution on pages 10 and 11. This resolution approves a conditional use permit for the construction of a 50-by 80-foot storage building for the property at 2405 Carver Avenue. This permit shall be subject to the following conditions: 1. All construction shall follow the plans dated April 9, 1997 as approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be started within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The owner shall not use the storage building for the repair of other persons' motor vehicles or commercial or business activities unless the city council approves such a request. 4. The owner shall only use the storage building for personal use and storage. 5. The city council shall review this permit only if a problem develops. 6. The property owner shall give the city a drainage and utility easement for the ponding area near Carver Avenue before the city issues a building permit for the new storage building. CITIZEN COMMENTS Staff surveyed the property owners within 350 feet of this site to get their opinions of this proposal. Out of 22 properties, we received 16 responses, 15 were for the proposal and one had comments. For 1. I have no objection. (Cilek - 2353 Carver Avenue) 2. It would look better and make the area more esthetic. (Sokolik - 2371 Carver Avenue) 3. He is a very good neighbor and the building is a very nice improvement. (Wilds - 2410 Carver) 4. A new building would look much nicer and inside storage is a plus for the neighborhood. (Telin - Saint Paul) 5. I think it's great that he wants to store all his toys in one shed and keep the lot looking nice. (Baumgart - 2445 Carver Avenue) 6. The replacement of existing building appears to be necessary and is an improvement over the existing building. (Dahlin - 1234 Dorland Road) 7. I will not see the building, I won't even know that it is there. (Stokvis - 1240 Dorland Road) 8. I would like to build a large garage myself someday. (Bailey - 1260 Dorland Road) 9. I would like to see the equipment inside, but it cannot be commercial. (Malluege - 1288 Dorland Road) 10. It will be more aesthetically pleasing. (Hannula/Tradup - 1323 Dorland Road) 11. As long as the new building is set back from Carver Avenue as the old building was, this setup appears fine. (Watson - 1332 Dorland Road) 12. It will allow the indoor storage of equipment. (Suthedand - 1340 Dorland Road) Miscellaneous Comments I do not oppose the proposed building for the use of stodng personal property. I would not want to see a commercial use of the building such as for repair of vehicles, etc. I would also hope that Mr. Grand would keep in mind the abutting open space when creating and maintaining the aesthetics of the building. (Singer- 1250 Dortand Road) REFERENCE SITE DESCRIPTION Site Size: 200,850 square feet (4.61 acres) Existing Land Use: single dwelling and damaged pole barn SURROUNDING LAND USES North: East: South: West: City open space City open space Houses across Carver Avenue Houses on Dodand Road and Carver Avenue ORDINANCE REQUIREMENT Section 36-77(c) allows the city council to approve a conditional use permit to increase the height or area of an accessory building. CRITERIA FOR CUP 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 124-28/2405carv.mem Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Building Elevation 5. 4-9-97 CUP explanation from Larry Grand 6. 4-23-97 CUP Criteria statement from Larry Grand 7. CUP Resolution 1. HUNTINGTON CT. 2, ON<RIDGE IN. 720S -, 17 1. CURRI£ CT. 2. VALLEY VIEW CT. 3. LAKLr'WOOO CT. '-m UNWED '/I , ~.,HL AVE. /,./~_ TR. CT. Attachment 1 VIE'tV AVE. 2. HIGHWOOD I~ ~ DR. RAMSEY WASHING;TO CIR. CO. Z LOCATION MAP Attachment 2 1323 ~ 1324 1331 ~ 1332. ~ 1340 :'" ~ 1339 ,n / ?'~ CARVER 2410 PROPERTY LINE I ZONING MAP 'D Attachment 3 SO' Attachment 4 TIlE STANDARD FEATURES: STRAIGHT COLUMNS & RAFTERS FLUSH GIRTS 8" COLUMN DEPTH FLUSH INTERIOR WALLS KYNAR PAINT FINISH FULL MASTIC ROOF & WALLS BASE TRIM FULL FOAM CLOSURES 26 Ga. ROOF & WALLS FREE ANCHOR BOLT KITS FULL DELUXE TRIM & FLASHING 7 ! ! Attachment 5 I ) Rcpla,~c m5 c,:;,-': ....... ,.- ,.,,~,.~:.~. ..... --',o r',-',,- barn s~,'Ic ,., ...... ~, which hx; sufl~rrd .~n,.w: damage tk& last ~mler Wild anolher building. lie ai,ie 1~ keeo and ,nrale¢l all al mx,' e0ulnmenl lnSl(le lr,,m l~e wealher, and OUl '-". ..... i .....:~._ .2\c /,q' il l}'lOlc ~sthc!L at;;i:,~.,i;z,n,.,, c ....... : ,.,. ;., , · ,. ~,...~, .Hi.!.! ',', ~1 '< ;ltv · .~n~ ,~ m, ,bric.., dm-nm~ our Ionu Minnesota winters. A !}lace I~, rclreal I~u}. au..a~,, Il'om my wile and kids when ltme~ are gcll,ng bit too cozy locked up all vdnlcr. place Io spend qualit5 tm~e m m~, no! so lot offretiremenl years. 6.) Plan to construe! a building equally csthctic as a quali!y aluminum sided home. 7) P,,,.,. thc building on mx ......... ~ ~,,.~ ..... basic, allx unnoticed from-" nemhbor~. ,4. place where my children can learn lh~ mcchamcal skills associaled w,h lools ,,, ,,,.~.,, ,,..,, t~. usc 8 Attachment 6 lO. 9 Attachment 7 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Larry Grand is requesting that Maplewood approve a conditional use permit to build a 50-foot by 80-foot storage building on his property at 2405 Carver Avenue. WHEREAS, this permit applies to the property at 2405 Carver Avenue. The legal description is: Subject to Carver Avenue and with easements, the West 1/2 of Southwest 1/4 of Northeast 1/4 of Northwest 1/4 of Section 24, Township 28, Range 22. (PIN 24-28-22-21-0005) WHEREAS, the history of this conditional use permit is as follows: 1. On May 5, 1997, the planning commission recommended that the city council approve this permit. 2. On ,1997, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit based on the building and site plans. The city approves this 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. 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. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. ]0 Approval is subject to the following conditions: 1. All construction shall follow the plans dated April 9, 1997 as approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be started within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The owner shall not use the storage building for the repair of other persons' motor vehicles or commercial or business activities unless the city council approves such a request. 4. The owner shall only use the storage building for personal use and storage. 5. The city council shall review this permit only if a problem develops. 6. The property owner shall give the city a drainage and utility easement for the ponding area near Carver Avenue before the city issues a building permit for the new storage building. The Maplewood City Council adopted this resolution on ,1997. ]! MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner In-Fill Development Study April 28, 1997 INTRODUCTION The city council directed city staff to study possible zoning or code changes for in-fill development sites. This would be to ensure that new developments are compatible with the characteristics of the existing neighborhood. BACKGROUND On October 28, 1996, the council considered a request of Gonyea Company for a four-lot plat called Pleasantview Park Number 3. This plat would be on Crestview and Lakewood Drives, south of Highwood Avenue. The council tabled action on this plat until November 12, 1996 to: 1. Have legal counsel look at how the plan would affect the valuation of surrounding properties. 2. Determine if the city has any grounds for looking at how the proposed plat affects the character of the neighborhood. 3. Look at the size of the lots that would not be compatible with the overall neighborhood, the decrease in value of surrounding properties that would result from the project as proposed. On November 12, 1996, the council, on advice from the city attorney, approved the proposed plat as requested by the Gonyea Company. This was because if a proposed plat meets all the requirements of the city, then the city must approve the plat. In this case, the proposed plat met all city standards. On January 6, 1997, the council reviewed the first in-fill study report. In this report, city staff had identified 28 sites that probably will develop with residential land uses. After discussing the study, the council directed staff to explore further the use of conditional use permits (CUP's) for the regulation of in-fill sites. This direction was with the understanding that the city would need to carefully write any such provisions. On March 24, 1997, the city council again reviewed the in-fill report, including possible code changes. At this meeting, the council gave first approval to code changes about lot divisions, subdivisions, conditional use permits and planned unit developments. On April 21, 1997, the planning commission reviewed the in-fill development study for the first time. The commission tabled action on the proposed code changes to allow for more time to review the study and proposed changes. DISCUSSION Study Review In reviewing this study request from the council, city staff first needed to decide what distinguishing characteristics or features define the character of a neighborhood or area. Staff discussed several possibilities including land uses, lot area, lot width, amounts of tree cover, numbers of trees, house sizes and values, housing styles, street and traffic patterns and property values. These are all items that usually concern neighborS" near proposed developments. The city can have regulations about land use, minimum lot area, minimum lot width, wetland preservation and tree protection. All zoning regulations should protect and conserve property values, and should protect the health, safety, morals and welfare of the citizens. The courts have ruled that cities cannot directly try to regulate or legislate home values, house styles and aesthetics or minimum property values if these do not affect the public health, safety, and welfare. Staff then did a review of the city to identify all the probable remaining residential development sites in Maplewood. These are sites that the council has not approved a preliminary plat for that staff expects will develop with residential land uses. Our review found 28 possible residential development sites ranging from 1.5 acres to over 50 acres in size. At an average of 2.5 lots per acre, the remaining sites could have from 4 to 138 houses if developed for single-family homes. Of the 28 sites, 17 are less than 9 acres in size. The 10 largest sites range in size from 11.9 acres to over 50 acres in size. Of the 10 largest sites, 6 are south of Lower Alton Road. Another issue for staff was to decide what projects or developments would be "in-fills" and thus would be subject to any new city development standards. That is, when should the characteristics of the existing nearby development dictate (if at all) the standards and design Of a new development. A factor in setting this standard is that municipalities must treat similarly situated people alike when applying city standards. In reviewing the size and location of the remaining development sites, staff suggests using 10 acres as a maximum size for in-fill sites. That is, if a site is less than 10 acres, then any new city standards for in-fill developments should apply. Based on this size, 17 of the 28 possible residential development sites would be in-fill sites and they each would have from 4 to 25 lots if developed. The city should not apply any in-fill standards to sites greater than 10 acres. This is because these sites would be large enough to set and create their own standards and characteristics. Staff also recommends that any lots created by administrative lot division be exempt from any new in-fill standards. Other factors and development constraints the city should consider with these sites include pipelines, slopes, wetlands and the availability of public utilities. Another point for the city to consider with these sites is the 1992 open space study. Of the 28 possible residential sites, the open space study had reviewed 9. These were Sites 4, 7, 16, 18, 22, 24, 25, 26 and 28. The overall open space ranking of these sites ranged from 5th (Site 16 - Open Space #156) to 58th (Site 7 - Open Space #121). Of these 9 sites, 2 were less than 10 acres in size (Site 4 and Site 24). The city may' now want to consider buying some of these sites with the remaining open space funds. Code Changes Staff believes that adding language to the code that requires in-fill development to use the average lot size of the existing lots within 500 feet of the site to set the average lot sizes in the new plat would address the council concerns for these developments. Such a standard would help insure that lots in a new development would be similar in area to the average lot size of the surrounding area. Thus, the developer would have to design the new lots using the size standard set by the existing neighborhood. However, all city regulations and standards must not be arbitrary. The city cannot deny a plat just because of aesthetics. (Such a denial would be arbitrary if the proposal meets all city requirements.) As such, the city will need to document how any code change is to protect the health, safety and welfare of the citizens. 2 Similar to creating a standard about nearby lot size, the council also might want to consider the existing tree cover and tree preservation for the in-fill sites. That is, how would the proposed development fit with the "tree character" of the surrounding area. Such an analysis would require more tree inventory work from a subdivision applicant. The tree inventory would have to include the area surrounding the site and the development site. The tree character of the surrounding area would include the amount of tree cover, the size and species of the existing trees, the age of the trees and whether the existing trees were planted or if they are native to the site. A review of the existing zoning and subdivision ordinances shows that the city could change parts of these codes to meet the council's goals. The city would need to add language to Section 36-69 (R-1 single-family residential) and to Section 30-8 (subdivisions) of the code to require the use of nearby average lot sizes in in-fill developments. A proposed code change for these parts of the code starts on page 4. Specifically, the code change language about preliminary plats (including in-fill sites and tree inventories) is on page 48. In addition, if the council wants to use or require PUD's for in-fill sites, than the city should update and change the PUD ordinance. I have attached a PUD code change starting on page 81. I also have updated much of the language in the proposed code changes to clean up the existing code language. For using the tree character when reviewing an in-fill site, the council would then need to add language to the code. The city could accomplish this two ways; adopt an amendment to the R-1 and subdivision code about in-fill lots or adopt a city-wide tree preservation ordinance as the council reviewed earlier. RECOMMENDATION A. Approve the code change beginning on page 46. This ordinance revises Subsection 36-69 (lot dimensions) and Section 30 (Subdivisions) of the city code. B. Approve the code change beginning on page 61. This ordinance revises Subsections 36-438, 36-440, 36-441, 36-442, and 36-443 about conditional use permits and planned unit developments. C. Approve the administrative policy about neighborhood meetings starting on page 66. krlp/misc/infill.-4 Attachments: 1. List of Potential Residential Development Sites 2. 8 Location Maps 3. 28 Property Line Maps 4. R-1 and Subdivision Code Change 5. PUD Code Change 6. Neighborhood Meeting Administrative Policy Attachment 1 (Pages 4 - 8) POTENTIAL RESIDENTIAL DEVELOPMENT SITES - 12-18-96 28 total sites, 19 with trees SITE 1 Location: PiN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 1 (County Road D and Gall Avenue, east of McKnight Road) 01-29-22-22-0096 Yes 2.5 acres R-1 R-1 SITE 2 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 Sec 3 (West of Hazelwood, north of County Road C) 03-29-22-31-0004 through 0009 and 03-29-22-34-0001, 0002, 0003, 0004, 0005 Yes 2.6, 1, 0.6, .91, 1.37, .55, .55, 2.9, 2.6 = 13 acres R-1 R-1 SITE 3 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 4 (Carey Heights Drive) 04-29-22-12-0001 through 0011 No .28, 2.38, .3, .36, .6, .24, .51, .46, .22, .5, 2.5 = 8.35 acres F R-1 SITES 4, 5 AND 6 Location: N 1/2 Sec 10 (north of Sextant, between Four Seasons park and Barclay Street) PIN: Trees: Size: Zoning: Comp. Plan: (3 sites) 10-29-22-13-0091, 0092, 0023, 0067, 0086 and 10-29-22-21-0001, 0002 and 10-29-22-24-0013 Yes 4.5 acres, 4 acres, 2.3 acres All R-1 All R-1 SITE 7 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 10 (south of County Road C, west of Hazelwood) 10-29-22-21-0001, 0002 No 17.5 acres R-1 R-1 SITE 8 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 Sec 11 (West of Van Dyke, north of County Road B) 11-29-22-33-0006, 0010, 0012, 0016, 0018, 0020, 0021 Yes 1.21, 1.12, .17, .94, 2.26 = 5.63 acres (34 potential units) BC and R-3 BC and R-3(M) SITE 9 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 Sec 14 (2135 Larpenteur Avenue) 14-29-22-43-0002 No 3.8 acres F R-3(M) SITE 10 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 17 (east of McMenemy, north of Roselawn) 17-29-22-23-0057, 0056, 0073 Yes .94, .91, 1.74 = 3.59 acres R-1 R-1 SITE 11 Location: PIN: Trees: Size: Zoning: Comp. Plan S 1/2 Sec 17 (south of Ripley, along Jessie Street right-of-way) 17-29-22-34-0007 through 0016, 0003 Yes 9 x. 11=.99, .16, .35 = 1.5 acres R-1 R-1 SITE 12 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 sec 17 (east of McMenemy, north of Arkwfight) 17-29-22-33-0005, 0007 No 7 acres F R-1 SITE 13 Location: PIN: Trees: Size: Zoning: Comp. Plan N 1/2 Sec 24 (west of Idaho, east of Lakewood Drive) 24-29-22-21-007, 0008, 0054 Yes 14 acres R-1 R-1 SITE 14 Location: PIN: Trees: Size: Zoning: COmp. Plan: N 112 Sec 24 (South of Currie Street, east of McKnight Road) 24-29-22-22-0059, 0036, 0034 Yes .89, 1.79, 1.79 = 4.47 acres R-1 R-1 5 SITE 15 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 Sec 24 (1240 and 1250 McKnight Road, north of Maryland Avenue) 24-29-22-33-0015, 0018 No 6.4 acres R-2 R-2 SITE 16 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 25 (east of Lakewood Ddve, south of Maryland Avenue) 25-29-22-21-0009 Yes 25.19 acres (151-250 potential units) R-3 R-3(M) SITE 17 Location: PIN: Trees: Size: Zoning: Comp. Plan S 1/2 Sec 25 (2415 Minnehaha Avenue) 25-29-22-34-0087 No 3.4 acres R-1 R-1 SITE 18 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 12 (south of Lower Afton Road, north of Conemara) 12-28-22-21-0002, 0003, 0004 Yes 15 acres F R-3(M) SITE 19 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 Sec 12 (2401 - 2437 Linwood Avenue) 12-28-22-34-0004, 0011, 0012, 0006 Yes 5.6 acres F R-1 SITE 20 Location: PIN: Trees: Size: Zoning: comp. Plan: S 1/2 Sec 12 (NE comer McKnight Road and Linwood) 12-28-22-33-0077 No 7.5 acres F R-1 SITE 21 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 13 (2516 Linwood Avenue - Jim Kaysers) 13-28-22-12-0010 Yes 11.9 acres F R-1 SITE 22 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 13 (North of Highwood, west of Century Avenue ) 13-28-22-11-0008, 0013, 0014, 0015, 14-0018, 0019, 0020?, 00217 Yes 50+ acres F R-1 and OS SITE 23 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 sec 13 (2492 Highwood Avenue) 13-28-22-31-0067 No 3.5 acres F R-1 SITE 24 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 24 (2410 Carver Avenue) 24-28-22-24-0010 Yes 8 acres F R-1 SITE 25 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 24 (East of Heights Avenue, west of Henry Lane) 24-28-22-31-0009 (2 maps) No 12.6 and 17.5 acres = 30.1 acres F R-1 .SITE 26 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 Sec 24 (west of Henry Lane, south of Fish Creek) 24-28-22-32-0001, 0002, 0003 Yes 29 acres F R-1 7 SITE 27 Location: PIN: Trees: Size: Zoning: Comp. Plan: N 1/2 Sec 24 (2510 Carver Avenue) 24-28-22-13-0001, 0002 Yes 5 + 5.2 acres = 10.2 acres F R-1 SITE 28 Location: PIN: Trees: Size: Zoning: Comp. Plan: S 1/2 sec 24 (1530 Sterling Street) 24-28-22-42-0007 Yes 38 acres F R-1 kr/p:misc/vacntres.mem 8 WHITE B~.AR LAKE Attachment 2 (pages 9 - 16) ,UNTY RADATZ /~,MSEY COUNTY COURT KOHLMAN ROAD WOODLYNN AVE, AVE. AVE. AVE. NORTH SAINT PAUL wOODLYNN ~ ~ 1. CHIPPEWA C1 ,- 2. BART~LMY LN. L,~ RD. coPE AVE. RD. 0' 1700' 5400' 5100' 6800' 0" 1" 2" SCALE LOCATION MAP SITE 1 9 VADNAIS HEIOHTS COUN~ RD. '~, COUNTY 1. SUMMIT CT. 2. COUNTRYV1EW CIR. ~ ,,,,J 3. DULUTH CT. ~ 4. LYDIA ST. dOl~tv'~ · [] AVE. "-~- ~ ~ = e P~ ~ o ~I ~ RAMSEY , ~ b.J u DEMObFr AVE.. ~ e~o6)~s GERVNS AVE. EDGEHILL RD. CT. SH£RREN AVE. AVl[. AVE. COPE AVE. JUNCTION (~) =HAMBERS ST MAP LOCATION SITES 2 - 7 1G ~ ELDR ~ ;LMONT SKILL MAN VIKING SHERREN AVE. Z North DEMONT BROOKS AVE. z z z v LARK EDGEHILL RD. CT, KOHLMAN COPE AVE. a"' Z RD. 1700' AVE. ROSEWOOD AVE. N. RAMSEY COUNTY NURSING HOME AND FAIR GROUNDS GOODRICH GOLF COURSE RIPLEY AVE. KINGSTON LOCATION MAP SITES 8 AND 9 NORTH KINGSTON MCKNIGHT LN 2 ALVARADO D~ ~4oo~ ~ 4~'.~ ~z, ~I '~; · %~ ;" F%t :'. ~ ~ ~, SKILLMAN AVE. I 7~~ I1~. _ _ ~ ~ '~,~,. ,v./~;w ~, DE.WOOD A~. ~ till ~t woo~ / ~ ~c ~'~' I ~ ~ ~ ~ SAINT ~ PAUL · LOCATION MAP SITES 10 - 12 12 ~a~,cSEW COUNTY L4~SING NOME AND ~,IR GROUNDS GOODRICH GOLF COURSE ~odrfch RIPLEY AVE. KINGSTON PRICE AVE. 1440N 1200N 7 8 NORTH Hillel(~e Porf( >- KINGSTON MCKNIGHT LN SAINT LARPENTEUR (N. St 1 blARYJOE LN. 2. TIERNEY AVE .3 MEADOW DR 4. R)PLE'Y AVE PAUL AVE. KNOLL CIR, AVE. (~) AVE. dim '1 J Pr~rfe ANTELOPE WAY HAWTHORNE 2 REBECCA DR 3 PINE"FREE DR 4 BIRCHV1L"W DR PINE TREE DR BIRCH~EW DR RO/.4./NG HILLS DR 8 z tARVESTER 9 60 N ANT£LOP~' WAY AMB£R,JACK LN BEV~-RDALE RD I~OI~TAT LN LN HAW'THORNE AVE CASE AVE. ST. BRAND AVE. MINNEHAHA ~ARG~RET CONWAY 20g 222 HUDSON LOCATION MAP SITES 15 - 17 14 Lake 16 1. HUNTINGTON CT. 2. OAKRIDGE LA. 17 1. CURRIE CT. 2. VALLEY V~EW 3, LAKEWOOD CT. LOCATION MAP SITES 18 - 23 15 HUNTINGTON CT. OAKRIDGE LA, 17 1. CURRIE CT. 2. VALLEY VIEW .3. IAKE'WOOD CT. P~SCT. TIMBER VALLEY OAK CT. MORELAND BOXWOOD AV. CREST AVF... CARVER :or"vet Loke =,AMSEY COUNTY WASHINGTON COUNTY LOCATION MAP SITES 19 - 28 1-694 Attachren[ 3 (Pages 17 - 45) --AG A L L- 2292 SITE I II 14 14& .,~1. · 2310 PARK EAST ~75 · SITE I 17 OPEN SPACE SITE 2 2809 28Ol. ~ 2775¢ ~ 2767 2759 2747 2737 2731 2707 _ ~__ ,~ ~, I ~ . _ CHURCH ~ .... ~ 269 · ,,~ L. ~ ',Z'~ 3 ~ ~ / ~ ~ :- I , /d *~,~,~ ~ / .~ . i ,, .~ ,~ ~ ~'i:l I._//.' / -- ",,-,;'2 -[ 1406 ,/.¢./ ::~ - ~:1 / ~ II I'~ ~"~ / '~ / u .. / SITE 2 18 I''1. VADNAIS HEIGHTS -'-~ ,,o : .-~.... O U',,N ']" Y ' % ~..~ ~ ~:,.~a---I'z~t-- - ..... IqO. 3c POWERLINES 1 ~ ~-~ .... '.~), 2999 LYDIA AVE. MINING SITE qRD ~ SITE 3 19 7 r~% Cl too' too -,=: ~MCNT- - 2 (~) $ l ¥ {7~) 4-00' .75 · c 2474 ,4, · 2.0 2452 .... '~5C- ) lC)&. 1522 c~o., 37 .GO ~c 2480 (-,so) lC)O' 2. ol ' BROOKS AVENUE. " z~) :::] 2474 2467 ~ (¢7) ~ 2468 SITE 5 ,,.ts 2452 I ,:~]~~,,. SEXTANT D AVE. a~ ........ ~T- ~ER~ '- { ~~l /~, 1 t I t SITE 5 21 (,-ts) "/ (~) HARVEST CFT¥ or PARK MAPLEWOOD .9O 2467 2463 E. B ROOKS ,'--'"-"-'av E. 1480 1490 ;I u~ I,' ~ ~1518 1522 ~' o ,, ~ I~~ < SITE 6 4 2467 ~,1 O' i~" ~ ~2 ~. ~,. ~ . SEX tNT AVE ·. -- !*-f~JT -- · (~ o ~, (4-]' ~'~ 24Q0 ;J (?z) ~ SITE 6 22 Nj 1477 1495 HARVEST PARK 1505 SITE 7 CHURCH 2'645 1534 FIRE STATION : 2608 ' 2602 ' 2596 2588 b~ .', .~ ~ ~ ~.-:f_-~ i2566 ,, '~' 255,.' 2546 ARAPL£WOO0 SITE 7 23 ~ ~,~'~' ~..' ~~....~-~-'~ :..- .... ,____~-.~~ I'"'.C,' ~k~ ~ ~0 ~./~ ' ~oo' 1~:~ ~ ' I,~ / q~) ~ ~ '~' I O~T / ~ L? ~,-~,,.,, I ~,...~ I I~~?~ ~ , ~" · ~t~ :1 ~ F ~'=q I~'¢ ..... .l-~_~~ _~:~ -/-~ ~ ~..- ,~ .... ~.. ~ ' C 0 U N T Y COUNTY ROAD B SITE 8 24 ~.qo o ~ 4 ~) -~,~.4z , PUMP I.o~ o.~_. J 1695 7 STATION 1689 _ _ I, \ E~f~T SITE 9 ', PONDING AREA 2135 12 2147 2155.2169 _L. ARPENTEUR AVENUE SAINT PAUL SITE 9 Il HILLCREST CC 1993" 1983 -AV~ ~4 IS ~?... G'q'- 60 ~oNDiN~. ~" AREA AVE. SITE 10- ROSELAWN - ~ ~s.) '~ " ' ~ ~ , ,j (~'~' .~) I ~4-~''~) ~,~ ~ ~ t SITE 10 26 # C'r~,) oND 2 ('7"r,) :IIPLEY AVENUE"-- - · ' ,-t,, 1800 GSTON SITE 11 1799 ?-AVE.----¢ $'r. PAUL CEME' PLAT A · --K I N C_.~STO N I t Sec.. ,-$ PRICE - "-~---LARPENTEUR AVENUE--- SITE 11 27 )~TY "i[1l~ ~I 1766 (~ I RI(FO OUT LOT A RIPLEY AVE. ,i RIPLE¥ AVE CHURCH 1750 1746 1740 Woth~ SITE 12 T.'~. 2.O~-~'7 I KINGSTON AVE. L A R PEN TEU-I:~'--'~-~ : ? '1! 1 I 1 f' SITE 12 28 1771 ~7~ .~. 1765 · r., ,,~ 1747 AVE .--, ',21 APARTMENTS !2402: 1562 2416 ~) LARPENTEUR AVENUE 2444 5,0'7 4c. d' ~E. IDAHO SITE 13 1617 [ 1611 ~,~ 1603 1595' E. HO' FUTURE OAK RIDGE PLAT (20) 29 ~ { ' , ~rd ':~') -- ' ,, ~ 1616 1600 (5~) , _ ~ , ~58o SITE 14 ~ ..... ~ 595 /:5'0' ~ HOYT ." 2266 4 170 I MON'rANA CO N I;)OM I N I L/Iv~ NO. ACORN GREENHOUSEs ,OU 'r LOT 7 7~v 74 SITE 14 3O 1262 1250 15 TILSEN AVE, ~ ,4 ~ - =1~ <aT) 4,< <~) - 1245 1240 SITE 15 ~ 73~... r MANUFACTURED HOMES RANIUM AVE. 500 (~) I ~'~ l~""'" MARYLAND AVENUE "~ ROSEWOOD ESTATE ' '~' '", 1083 ',~' ',,~ "1085 ;'~) ~ -- -~ '~-- 1070 (Tz) ..... (':'3) I.oo ~c SITE 16 32 2 3 6 7 :ROSE AVE. : GERANIUM SCHOOL DIST. Nt 6ZZ 762 (~i 2415 SITE 17 3M PROPERTY -[ \ ~ ,o j II J 14 .}~".___-XL MINNEHAHA AVENUE *~: ~" '+ -~, = ; -'~-~: BATTLE CREEK PARK FOR, PARK -.~ --- LOWER AFTON ROAD -~ ---_ :0N D}~N~ AREA '1 .... NO. 50 2445 SITE 18 34 EIG OUTLOT B ~'~_.~_ U NT IN e~&... CZT) 7 8 '681 OAKRI DC ~) 682~ 2383 2401 SITE 19 I (4&) (~?.) j(415) i (49) DR. 2447 2457. 5PRINCSIDE 35 o (2. 622 (~) ,$. . "'" LI NWOOD ,,~'A ; OUTLOT C 5 I- '7. 5 o ~... OUTLOT SITE 20 2o o, - ~ - r ...... !, ,'-~ ~i -~'1 SITE 20 '702 1 O.i. C ('43) 2516 SITE 21 OPEN SPACE ~ ~ ~' ":' ' 2 3£ C.-r. "O.L r.'3 '4 (~1) SHOOTING RANGE LINWOOD AVENUE I"' L: t i' ' 9 L: .I~; "'_4 ~ I FUTURE NEIGHBORHOOD PARK ~~~ .. ,,.. ~ ~, ,.:,~r~~-'- (~) SITE37 21 ...... --- SHOOTi~"'~ RANGE LINWOOD AVENUE ~ OPEN SPACE ¸5., DR, ~LLEY VIEW AVE. SITE 22 0,~ (~o) 2665 751 g HIGHWOOD AVENUE CARVER REPAIR , SITE 22 38 ,NJ IL 992 1000 1008 l~1016 1024 79 or 2492 SITE 23 HIGHWOOD AVENUE z _ lS~ _ 971 ~ (J4) ~Z 987 O0 lo 1021 1016 ! / 4~ I ,' ~, ,' ,7 SITE 23 39 NEMI'rZ ~ AX OVERLOOK 4..&Oae., 2405 _. 2445 , , 2431 -'- ~'T [ I 170' Z 2410 ~p' '"; SITE 24 ;o ii ~"" ) · 4-~, 7Z7 ~b Zi -il,, ZL- s~ FISH CREEK SITE 24 40 1285 ~/) Si,?f)' ' 1 ~ (~ I 1285 2405 ' ' ,, .~ E~- ~"~ ;"' ' ~¢~ ~ '~" ,.,~.~ S J~ ?364 OVERLOOK ' ~. _': _ ,1372 ,1388 SITE 25 SITE 25 41 1481 sITE 25 ,/ 1461 (J 5/ 1501 COUNTY OPEN SPACE SITE 25 42 U 1501 RAM~£ ¥ SITE 26 FISH CHEEK 14.61 /: COUNTY OPEN SPACE SITE 26 43 // 2510 1420 '~s ~' 1440 2511 SITE 27 1400 SITE 27 44 ~,[ COUNTY OPEN SPACE / ~ . ~ ~o' I CARVER AVENUE -' T -~ ~~ ',= I ~,.%:~ ' ~ .5. Zg a.c (~) COUNTY OPEN SPACE /& .G ~, CAR 1491 1525 1530 (?) ,' (,~.~..) ,' SITE 28 , ~ O 1615 i ~ ,,'" 4~ ~0~,87~ 1635 '~"- 1645 , 1670 SITE 28 1 ~ 45 ORDINANCE NO. Attachn~nt 4 (Pages 46 - 60) AN ORDINANCE OF MAPLEWOOD, MINNESOTA CHANGING PARTS OF THE CITY CODE ABOUT MINIMUM RESIDENTIAL LOT SIZES, SUBDIVISIONS AND PRELIMINARY PLATS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1: This section changes Section 36-69 as follows: (I have crossed out deletions and underlined the additions.) Sec. 36-69. Lot dimensions. The minimum lot area in an R-1 Residence Distdct shall be as follows: t=n !hcu::nd (I0,000) Ten thousand (10,000) square feet (excluding drainage and wetland easements); except (2) For lot sizes in subdivision or platting sites up to ten (10) acres in ,qross area, see Section 30-5 of the city code for minimum lot size information. For lots with no municipal sanitary sewer available, the minimum lot area shall be determined by the house pad area and enough area to have two on-site sanitary sewer systems, including tanks and drainfields. The owner or developer shall provide the city with site plans showing the location of the house pads and the on-site sewer systems. In no case shall such a lot be less than one (1) acre in area (excluding drainage and wetland easements). (b) The minimum lot width at the building setback line shall be seventy-five (75) feet, except that intedor lots-of-record that are sixty (60) feet wide or greater may be allowed by conditional use permit if: (1) The findings required by code for a conditional use permit can be met=; and (2) There are at least two (2) developed lots-of-record with the same or less width than the proposed lot width, within three hundred fifty (350) feet of the site on the same side of the street. Larger minimum side yard setbacks may be required to ensure adequate belm=me-t~m separation between adjacent structures. 46 Section 2: This section changes Section 30-1 through Section 30-8 as follows: (I have crossed out deletions and underlined the additions.) SUBDIVISIONS Sec. 30-1. Purpose. The Maplewood City Council finds the following regulations are necessary to: 1_. Protect and promote the public health, safety and general welfare of the communib/. 2_. Provide for the orderly, economic and safe development of land. 3_. Preserve agricultural lands. 4..~ Provide for adequate transportation, water supply, sanitary sewer disposal, water resource management, schools, parks, play.qrounds, open space and other public services and facilities for residents.. To accomplish these purposes, Maplewood adopts subdivision regulations establishing standards, requirements and procedures for the review and approval or disapproval of subdivisions. Sec. 30-2. Definitions. For {he-i~,~ese-.e~this chapter, the following words, terms and phrases shall have the following meanings respectively ascribed to them by this section: Alley is a public fight;of-way which affords a secondary means of access to abutting property. Boundary lines are lines indicating the bounds or limits of any tract or parcel of land. Building line also called the ~ setback line, means the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof, without special permission and approval of the proper authorities. C/ty means the City of Maplewood, Minnesota. City council means the city council of Maplewood, Minnesota. Contour map means a map on which irregularities of land surface are shown by lines connecting points of equal elevations. A contour interval is the vertical height between contour lines. 47 Comer lot is a lot within a plat situated at the comer of a block thereof so that it is bounded on two (2) sides by streets. This term applies to any lot within a plat at street intersections and bounded on two (2) sides by streets. Design standards are the specifications to landowners or subdividers for the preparation of preliminary plans indicating, among other things, the optimum, minimum or maximum dimensions of such features as rights-of-way and blocks, as set forth in Section 30-8 of this chapter. Director of community development means the director of community development of Maplewood, Minnesota. Director of public works means the director of public works of Maplewood, Minnesota. Double-frontage lots means a lot which fronts on two (2) or more public streets. Easement is a grant by a property owner for the use of = "'"~. cf land by the general public, a corporation or certain persons for specific purposes. Final plat is a map or plan of a subdivision and any accomPanying material, as described in Section 30-7 of this chapter. Frontage is the width of a lot or building site measured on the line separating it from a public street or way. Lot means a parcel of land described separately from other parcels of land by a plat, metes and bounds, registered land survey, auditor's plat or other accepted means. The lot description must be recorded by Ramsay County. Lot area means the area of a lot, excluding drainage easements, wetlands and land below the ordinary high water mark of public waters. Lot division means the division of a property by metes and bounds description. Official control or controls means ordinances and regulations which control the physical development of the city or any part thereof or any detail therebf and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Outlot means a parcel or tract of land not part of a block or lot, shown by a letter or labelled as an outlot on a plat. 48 Owner means a person having a vested interest in the property in question, a purchaser, devisee, or fiduciary, and includes his duly authorized agent or attorney-in-fact. Pedestrian way is a public cr p.",';~-~.~ right-of-way across a block, or providing access within a by ...... block, to be used pedestrians ="" '^' °~ :""'"""';^" "' '";';"' Planning commission means the planning commission of the City of Maplewood, Minnesota. Plat means the drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes, Chapter 505 and containing all elements and requirements set forth in applicable city regulations, adopted pursuant to Minnesota Statutes, Section 462.358 and Chapter 505. Preliminary approval means official action taken by the city on an application to create a subdivision which establishes the dghts and obligations set forth in Minnesota Statutes, Section 462.358 and the applicable subdivision regulation. In accordance with Section 462.358, preliminary approval may be granted only following review and approval of a preliminary plat and other map or drawing establishing, without limitation, the number, layout, and location of lots, tracts, blocks, outlots and parcels to be created, location of streets, roads, utilities and facilities, parks and trails, ea,J~3,'~ drainage facilities, and lands to be dedicated for public use. Preliminary plan or preliminary plat is a tentative map or plan of a proposed subdivision as described in Section 30-5 of this chapter. Public waters means any waters as defined in Minnesota Statutes, Section 103F.005, Subdivisions 15 and 16. Reserve strips are stdps of land usually withheld from the street right-of-way to form a barrier between certain property and the public street or thoroughfare. Right-of-way is the land covered by a public road, or other land dedicated for public use or for certain private uses, such as land over which a power line passes. Street is a public or pdvate right-of-way which affords primary access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane or however otherwise designated. Subdivision means the separation of an area, parcel or tract of land into two (2) or more parcels, tracts, lots or long-term leasehold interests for sale, rent or lease, except those separations: (1) Where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger for all other uses; (2) Creating cemetery lots; (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. 49 Subdivision regulation means an ordinance adopted pursuant to Minnesota Statutes, Section 462.358 regulating the subdivision of land. Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition) or Minnesota Rules Part 8420.0110, Subd. 52. Zoning is the reservation of certain specified areas within the city for buildings and structures for certain purposes, with other limitations such as height, lot coverage and other stipulated requirements. Sec. 30-3. Conformance with existing codes and regulations. (a) The provisions of this chapter are in addition to and not in replacement of the state building code and the city zoning ordinance. Any provisions of the building code and zoning ordinance relating to platting shall remain in full force and effect, except as they may be contradictory to the provisions hereof. (b) Subdivisions, approved by the city, shall be consistent with the city's official controls and comprehensive plan. (c) The city shall not approve a rezoninl:l, conditional use permit1 subdivision or lot division ,~ ......-~v,....u;"'" ....,,~k"" nc,. .v~'~ =~.~'c. ';..'"'~ unless each new lot would be large enough to accommodate alla~ existing accessory buildings, as required in Section 36-77(a). (d) The city shall not approve a subdivision where the owner or developer would later need a vadance to use the lots for their intended purpose. Sec. 30-4. Applicability. (a) No conveyance of land to which the subdivision regulations are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described: (1) Was a separate parcel of record Apdl 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later; or (2) Was the subject of a written agreement to convey entered into pdor to such time; or (3) Was a separate parcel of not less than two and one-half (2 1/2) acres in area and one hundred fifty (150) feet in width on January 1, 1966; or (4) Was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980; or 50 (5) Is a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than three hundred (300) feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than five (5) acres in area or three hundred (300) feet in width; or (6) Is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than twenty (20) acres in area or five hundred (500) feet in width. (b) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this chapter, the city council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or *agent of the owner of land who conveys a lot or parcel in violation of the provisions of this chapter shall forfeit and pay to the city a penalty of not less than one hundred dollars ($100.00) for each lot or parcel so conveyed. The city may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. Sec. 30-5. Preliminary plat procedure. (a) To plat or divide any oroperty or tract of land into four (4} or more lots, the followin.q shall aDOlV: ('1) For a tract or ro ert more than ten 10 ross acres a subdivider shall submit a relimina lat a lication to the director of communi develo ment. The director of communit develo ment shall determine the necessa a lication re uirements and. have them on forms that are available to the ublic at ci hall. The director ma wmve any requirements that do not apr)Iv to the proposed subdivision: (2) For a tract or ro ert of ten 10 ross acres or less the followin shall a I: a~ The city requires city council approval of a conditional use permit (CUP) for a planned unit development (PUD). As Such, a subdivider or owner of a site 10 acres or less shall submit comr)lete applications for preliminary ~)lat approval and for a conditio!,al use ermit for lanned unit develo merit to the director of communi develo ment. Refer to Article V Sections 36-436 throu h 36-450 of the ci code about conditional b~ The city shall revi=w and process all such planned unit developments pursuant to the applicable sections of the city code.... For any such site. the applicant shall only oar the application fee for a preliminaw plat,.. d. The director of community Gevelopn3ent shall determine the necessary aor)lication.. -- requirements and have them on forms that are available to the public at city hall. i'he director may waiVe any requirements that do not aD,)Iv to the proposed subdivision. e~ Besides all other application requirements, the applicant shall have a tree inventory prepared of the site and all developed or im~)roved properties within 500 feet of the. 51 site. This inventory shall document the size, species and location of all ei,qht (8) inch or ,qreater diameter deciduous trees and of all 10-foot-tall or ,qreater coniferous trees. If the averaRe area or size of the existinR sin,qle-family lots in Maplewood within 50(3 feet of the site is at least twelve thousand (12,000) square feet, then the averaRe lot _size of any new lot shall meet or exceed the averaRe size of these existinl:i lots, up a maximum avera,qe size of 20,000 square feet, Lots in Maplewood within 500 feet of the site that are 20,000 square feet or more in area shall each be considered 20,00(3 square feet for calculatin,q the area avera,qe lot size, This provision does not apply to new lots approved and created by administrative lot division as outlined in Section 30-15 (Lot divisions). The developer or applicant for any such proposed preliminary plat shall hold n nei,qhborhood meetinl:l. This meeting is to discuss the proposal with all propertv owners within 500 feet of the site. The developer shall hold this m=ctin,q consistent with the city's policies for such meetin,cls. The city will schedule the item for plannin,q commission and city council consideration after the developer holds thc nei,qhborhood meeting. - ,-.-. =pp:cv=! ............ The owner or developer shall be required to pay a fee to defray the expenses incurred by the city in having the preliminary plat reviewed in all particulars. The =,.'~.c,.,n; of fee to be paid for such review shall be imposed, set, established and fixed by the city council, by resolution, from time to time.,.,--'4,....."k"",_,, ..-k" ,'--'-"";" -]~"' ..-.,,., The owner or developer shall pay all such fees to the city before the city reviews the proposed preliminary plat. *'-.. ,k..., ,...,,";''"""'......, cf c. cmm"nJty (c) 1.~ The director of community development shall deliver to the city finance director treasur.~ for deposit any moneys received as fees herein required with each preliminary ~ The finance director (~-easur-~ shall credit same to the general fund of the city. All moneys so received shall be used to defray the expenses of processing the application. The director of community development shall prepare a report and recommendation. This report shall then be forwarded to the planning commission. The planning commission shall forward a recommendation to the city council. The city council shall hold a public hearing on the application. The headng shall be held following publication of notice of the time and place thereof in the official newspaper at least ten (10) days before the day of the headng. The applicant, property owner, and all other property owners within three hundred fifty (350) feet of the property to be subdivided shall be notified by mail at least ten (10) days before the day of the headng. (2) A subdivision application shall be preliminarily approved or disapproved by the city council within the time limits required by state law. ,.~k~ .... k,,...4....4 ,. .... ~., /~')n~. .... ~..,, .... .., 52 t. he-rJ~, unless an extension of the review pedod has been agreed to by the applicant. When a division or subdivision to which the regulations of the ~city do not apply is presented to the city, the city clerk shall within ten (10) days certify that the subdivision regulations of the city do not apply to the particular division. If the city fails to preliminarily approve or disapprove an application within the review pedod, the application shall be deemed preliminarily approved, and upon demand the city shall execute a certificate to that effect. (d) Following preliminary plat approval, the applicant may request final ~)lat approval by the city._; a~l u~cn Upon such arequest, the city shall certify final plat approval within sixty (60) days o._.~f receivin.q a complete final plat application. City staff will only schedule a final plat for city council consideration if city staff receives all necessary information and plans at least fourteen (14) days before a city council meetincl. Also, the council will only consider a final plat request if the applicant has complied with all conditions and requirements of applicabl~, regulations and all conditions and requirements upon which the preliminary plat approval is expressly conditioned either through performance or the execution of appropriate agreements assudng performance. If the city fails to certify final plat approval as-se required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and ~."" ,4 fi,,~, ........ , = ~, ,~,4~.,:..:,,,, ,._.=y k= ~:d "' '3""',43,4 After the city council approves the final plat, the owner or developer shall record the final plat and all accompanying documents with Ramsey County. (e) For one year following preliminary approval and for two (2) years following final approval, unless the subdivider and the city agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the city may annually extend the preliminary plat ao~)rova! =gr::m--.n: ,::?.h th: :,.:,bd!':~d...r :r.'J subject to all applicable performance conditions and requirements., cr !t Each year after preliminary plat approval, the city may end the preliminary plat approval and may require submission of a new ~application, unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, the city may by resolution or agreement grant the rights referred to herein for such periods of time longer than two (2) years which it determines to be reasonable and appropriate. (f) A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which adopted city subdivision regulations apply, shall attach to the instrument of conveyance either: (1) recordable certification by the city clerk that the subdivision regulations do not apply, or that the subdivision has been approved by the city council, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the city council because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or (2) a statement which names and identifies the location of the appropriate city offices and advises the grantee that city subdivision and zoning regulations may restrict the use or restdct or prohibit the development of the parcel, or construction on it, and that division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, nonapplicability, or waiver from the city. In any action commenced by a buyer of such a parcel against the seller thereof, the 53 misrepresentation of or the failure to disclose material facts in accordance with this subdivision shall be grounds for damages. If the buyer establishes his right to damages, a distdct court headng the matter may in its discretion also award to the buyer an amount sufficient to pay all or any part of the costs incurred in maintaining the action, including reasonable attorney fees, and an amount for punitive damages not exceeding five (5) percent of the purchase price of the land. Sec. 30..6. Qualifications governing approval of preliminary plat. (a) The planning commission may recommend and the city council may require such changes or revisions of a preliminary plan submitted under this chapter as deemed necessary for the health, safety, general welfare and convenience of the city.. (b) The approval of a preliminary plat by the planning commission and the city council under this chapter is tentative only, involving merely the general acceptability of the layout as submitted. (c) Before any preliminary plan is approved by the city council under this chapter, the information furnished with said plan must show conclusively that the area proposed to be subdivided is drainable and that the land is of such nature as to make its intended use practical and feasible. If these features are not apparent, the owner shall be required to enter into an agreement guaranteeing that all adverse conditions will be corrected and that drainage will be accomplished in a satisfactory manner. The final decision in this matter shall be made by the city council acting upon the advice and recommendation of its engineer or other authorized representative. (d) The city council may condition its approval on the construction and installation of fully operational sewers, streets, electric, gas, telephone, cable television, storm water manaRement, d."=~.-.---gc, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the city of a cash deposit, certified check or irrevocable letter of credit in an amount and with surety and conditions sufficient to assure the city that the utilities and improvements will be constructed or installed according to the specifications of the city. The city council may condition its approval on compliance with other requirements reasonably related to the provisions of these regulations and to execute development contracts embodying the terms and conditions of approval. The city may enforce such agreements and conditions by appropriate legal and equitable remedies. (e) The city council may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds, and similar utilities and improvements. (f) The city may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, playgrounds, trails or open space; provided that: (1) The city may choose to accept an amount in cash from the applicant or buildint:i contractors for part or all of the portion required to be dedicated to such public uses or purposes based on the city's park availability charge; (2) Any cash payments received shall be placed in a special fund by the city used only for the purposes for which the money was obtained; (3) In establishing the reasonable portion to be dedicated, the city council may consider the open space, park, recreational or common areas and facilities which the applicant proposes to reserve for the subdivision; (4) The city reasonably determines that it will need to acquire that portion of land for the purposes stated in this subsection as a result of approval of the subdivision; (5) Within the legal boundaries of the city's designated critical area, the city council may require dedication for public open space or scenic easement, bluffiands which are eighteen (18) percent or greater in slope and which are in direct drainage to the Mississippi River Bluffs or Fish Creek. The city council may release the developer in part or in total from a park dedication fee in lieu of the value of the above-dedicated bluffiands. Sec. 30-7. Necessary data for final plat. The final plat required by this chapter shall be prepared by a registered land surveyor and shall conform to all state and county requirements and the provisions of this section. All information required on the final plat application provided by the director of community development shall be shown on the final plat. Sec, 30-8. Minimum subdivision design standards. (a) Generally. A proposed subdivision under this chapter shall meet the minimum subdivision design standards set forth in this section. (b) Streets: (1) Street plan. The arrangement, character, extent, width and location of all streets shall conform to standards for street construction on file in the office of the director of public works, including relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to the management m.':,cff of storm water, to public convenience and safety and in their appropriate relation to the proposed uses of the area to be served. No full-width street shall be less than sixty (60) feet wide. (2) Half-width streets. The use of half-width streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and the overall plan of the neighborhood in which the plat is situated. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. (3) Cul-de-sacs. Cul-de-sa~,~, shall be held4e as short ~ as possible between the origin or main street and the end of the cul-de-sacs. In no case shall cul-de- sacs exceed one thousand (1,000) feet in length, unless no other alternative is possible. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum right-of-way diameter of one hundred twenty (120) feet, and shall meet all city standards. (4) Reserve strips. Privately owned reserve strips controlling access to streets are prohibited. Publicly owned reserve strips may be required by the city council, where necessary to assure equitable payment for streets. 55 (d) Trails and pedest#an ways: (1) Trails. Trails shall be a minimum of eight (8) feet wide. Trails between property lines shall be centered within a fight-of-way or other public property that is at least ten (10) feet wider than the trail pavement. If the trail is in an easement, the trail shall be centered in an easement that is at least thirty (30) feet wider than the trail pavement. (2) Pedestrian ways. Pedestrian ways, where permitted, shall be at least fifteen (15) feet wide. (e) Easements: Drainage and utility easements. Each lot shall have drainage and utility easements that are at least five (5) feet wide on side lot lines and ten (10) feet wide on the front and rear lot lines. This easement shall be ten (10) feet wide on both street sides on comer lots. The city may require additional easements. All the storm water drainage within plat or subdivision shall be collected within the plat or subdivision, unless the city determines that this requirement is not feasible, would only have marginal benefit or if the developer gets the necessary off-site easements. The developer shall install the storm water improvements to direct the storm water to the city storm water system or to approved ponding areas. Each sanitary sewer that is not in a street d,qht-of-way shall have a utility easement centered on the sewer pipe. This easement shall be at least twenty (20) feet wide. Each storm sewer that is not in a street right-of-way shall have an easement with a minimum width of twenty (20) feet. All water mains that are not in a street right-of-way shall have at least a 30-foot-wide easement. The city enRineer shall approve the size of all easements and may require larger widths for any easements. Ponding easements. When a subdivision or plat drains into a pondintq area that the city does not own or have a drainage easement for, the developer or applicant shall acquire a drainage easement or fee title for the ponding area. The developer or applicant shall convey any such easements or fee ownership to the city. If the ponding area is within the plat, the developer shall show the ponding area as an outlot and shall dedicate it to the city. The city engineer shall approve the pond size and it shall hold an additional vertical one (1) foot of freeboard above the high water level within the easement or outlot. (f) (3) Wetland easements. The city may require a wetland easement over and beyond a wetland. The wetland easement shall prohibit any structures, mowing, cutting, filling or dumping within the easement. The city shall decide the easement's size based on information from the watershed distdct and the wetlands quality, the amount and quality of surrounding habitat, the site's building restraints. The city may require a developer to place signs around the easement boundary. These signs shall identify the easement's boundary and restrictions. Lots: (1) Lot dimensions in F and R-1 zones. The minimum lot dimensions to subdivide in an F or R-1 zone shall be: a. Interior lots. 1. Seventy-five (75) feet wide at the established building setback line; 2. Not less than sixty (60) feet at the front lot line, except that lots located along the outside curves of curvilinear streets or on the bulbs of cul-de-sacs shall be no less than forty (40) feet in width at the front lot line; and 3. Not less than ten thousand (10,000) square feet in area for lots in plats greater than ten (10) acres in gross area. 4. The following minimum lot size standard shall apply for new lots in a tract or property of ten (10) gross acres or less: (a). If the average area or size of the existing single-family lots in Maplewo0d within 500 feet of the site is at least twelve thousand (1:~,000) square feet. then the average lot size of any new lot shall meet or exceed the average size of these existing lots, up to a maximum average size of 20,000 square feet. Lots in Maplewood within 500 feet of the site that ere 20,000 Square feet or more in area shall each be considered 20,000 square feet for calculating the area average lot size. This provision does not aoolv to new lots approved and created by administrative lot division as outlined in Section 30-15 (Lot divisions). 57 (2) Lot dimensions in R-I(S) and R-2 zones. R-I(S) or in an R-2 zone shall be: Comer lots. 1. One hundred (100) feet wide at the established building setback line; and 2. Not less than ten thousand (10,000) square feet in area, unless a lar.qer lot size is required as in Section 30-8(f)(1~(a}(4}(a) above. The minimum lot dimensions to subdivide in an a. Interior lots. 1. Sixty (60) feet wide at the established building setback line and front lot line; 2. Not less than forty (40) feet of width at the front lot line on the bulb of a cul-de-sac or the outside curve of a street; and 3. Not less than seven thousand five hundred (7,500) square feet in area. b. Comer lots. 1. Eighty-five (85) feet wide at the established building setback line; and 2. Not less than seven thousand five hundred (7,500) square feet of area. (3) Rear lot lines. The minimum dimensions at the rear lot line of any lot shall be thirty (30) feet. (4) Location. All lots shall have fronta~le abut on a publicly dedicated, improved and maintained street. (5) Side lot lines. Side lines of lots shall be substantially at right angles or radial to the street line. (6) Double-frontage lots. Double-frontage lots shall not be permitted, except where topographic or other conditions render subdividing othenvise unreasonable. Such double-frontage lots shall have an additional depth of at least twenty (20) feet ~ to allow space for a protective plant-screen along the back lot line. (Sections 30-8 (f)(7-13), 30-9 (Soil Tests), 30-10 (Residential Zoning) and 30-11 (Variations and exemptions) remain unchanged.) 58 Section 3: This section changes Sections 30-12 through 30-15 as follows: (I have crossed out deletions and underlined the additions.) Sec. 30-12. improvements-Generally. (a) The develo er or contractor shall build eve ublic street within a lat or subdivision with thefollowin im rovements: (1) Sanitary sewerpipes and appurtenances faeili~e; (2) Public water pipes and appurtenances faei#fiee; (3) Storm water pipes and appurtenances faeilifies; (4) Street, concrete curb and gutter; (5) Street lic~hts ~; (6) Boulevard turf establishment; (-8-) 7~Z1 Street identification and traffic-control signs. The city shall install these sil:lns and the d_eveloper shall pay all costs.. (Sections 30-12 (b) and (c) remain unchanged.) (d) The ci council shall not a rove a final '~lat without first receivina a ~ en ineer certi 'n that the im rovements and construction of the land and streets with all other _unfinished public improvements. 59 (Section 30-13 remains unchanged.) Sec. 30-13. Reserved. Sec. 30-14. Same--Compliance prerequisite for issuance of building permits. The city will not issue a build n,q permit for any building or structure until the: a. Developer or contractor has met all requirements of this chapter and the city code. b..~ pevelopment or improvements meet the requirements of the fire code includin.q providinq water service and an all-weather street surface to the buildins:i site. Sec. 30-15. Lot divisions. (a) A lot division shall not result in the creation of more than three (3) lots. (b)The director of community development may approve or cause to be modified plans for a lot division. The director must first determine, however, that the plans meet all city ordinances and policies, and that the proposal would not have an adverse impact on the subject property or surrounding properties. If the director makes a negative determination or the applicant wishes to appeal the decision, the city council shall make the final decision. "..=== =h=~ bc ==~'. tc th= city "..c'.:~ci! for (c) A letter of credit may be required as a condition to lot splits on plats in order to guarantee the proper repair and patching of streets after the installation of utilities in the streets or rights-of- way. (d~ The city will accept only one lot division application for up to three (3) new lots from each lot or tract of land once every five (5) years. (e) Deeds must be filed with Ramsey County within one year of city approval by-the--city of a lot division. If the owner or applicant does not file the deeds within one year of city approval, the, approval shall be null and void. Section 4. This ordinance shall take effect after the city council approves it and the official newspaper publishes it. The Maplewood City Council approved this ordinance on ,1997. 60 Attachment 5 (Pages 61 - 65) ORDINANCE NO. AN ORDINANCE ABOUT CONDITIONAL USE PERMITS FOR PLANNED UNIT DEVELOPMENTS The Maplewood City Council approves the following ordinance: (I have underlined the additions and crossed out the deletions.) Section 1. Section 36-438 is changed as follows: Sec. 36-438. Planned unit developments: ~,, definition, ~ intent, nit develo ment (PUD) is any ne;;' development that the cit~ Definition. A planned u . P . - UD ma consist of o,~e or (a) ~ ....... ..__., .... ,,~~. A PUD ma cons~s~ u~ ~,,; ~,, council a roves w~tn a conamu--,, u~ several uses or_ .bail.din. _s; ' ' ' (b) Intent. It is the intent ko4eRtie~ of ~ the ethe; sections of this article · ~ ............ ;,~ ....... *~ allow desi.cln flexibility~ te about planned unit c]evelopmem~ ~u p occur with ~ deviations from the provisions of this chapter, including uses, setbacks, height an~l other regulations. . . · ' : (1) Certain regulations contained in this chapter should not apply to the proposed PUD deve;effme~t because of its unique nature. (2) The PUD would be consistent with the purposes of this chapter. (3) The planned unit development would produce a development of equal or supedor quality to that which would result from strict adherence to the provisions of this chapter. (4) The deviations would not b._~e ~ a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. (5) The ~ deviations ~ for reasonable and ~ ~ physical development and are not required solely for financial reasons. · · ~cific lanswith a PUD. The development shall (c) Re uired lan The c~ ......... ~..,~,,,~,,~ ~.h=nnes in the ;)lan(s) shall require c~nform to the plan(s) as filed with the c~ty. /~ny =uu=,o, ......... , _ a recommendation by the planning commission and approval by the city council after a public hearing. The director of communi develo ment ma a rove minor chun es to the a roved plans~ 61 ((:1) PUD Required. The city requires council approval of a conditional use permit for a PUD for all preliminary plat sites of 10 .(:lross acres or less. For such a site, the city shall notify all property owners within 500 feet of the site of all public meetin.qs and all public headn.qs. J~. A developer, owner or applicant may apply for city approval of a PUD for preliminary plat sites of more than 10 acres. (t') The city shall not approve a division of the land under an approved PUD, unless the density distribution approved in the PUD is ensured after the land division. Section 2. Sections 36-440 through 36-443 are changed as follows: Sec. 36-440. Application. Any person may apply Af~lapMieat~ for a conditional use permit .... " ~'";~' ' ~*~ ;'* .... ' ~,n '~ prc;:~; "~"~" ;~ th: -~'~-~;~- An appli~nt also shall apply for community design review board approval, if appli~ble. An appli~nt shall submit all ~mpleted appli~tions ~'' ---';~-'; .... ~-"" .... "--;"-" to the dire~or of ~mmunity development upon the fo~s supplied by the ci~. The dire~or shall not a~pt an appli~tion that is not ~mplete. The dire~or shall list specific ~ appli~tion requirements ~ ~ on this fo~. , ~''* '~-' ;--~""- -* '~-" '"- ~' .... ;-- ~ .......... ~.., ;~ ---';--~'~' The applicant shall also, at the time of filing such application, pay a fee to the city. dim~.er--ef · '""'-"' .......... ""t'y~.' 'Jeve~Ol:..--.=.-.t. This fee shall be to defray administrative expenses incurred by the city in handling of the application. The city council shall set this fee, .;..~.!'-..h k.. ,k~ C~t'; Ccu.-.cil, by ordinance '""-- ; ; Sec. 36-441. Procedure. (a) pi ppli ._...,;....,;.... i.,,. k ...... k-;,,.,4 the After a developer submits a cpm ete a cation, =.-..~,. ............................. director of community development shall prepare a report and recommendation. The director shall submit this report and recommendation ~ to the planning COmmission and community design review board, as appropriate, for a recommendation to the city council. The planning commission and community design review board shall take-astie~ act on the application within sixty (60) days of their respective headng dates, unless the applicant approves an extension._ is -"~.~.....-.4 ...;'- ..,.;,;.,,.........,, -]k" ,,.... .... -,.,...~....';'"'"* The staff shall then send the report and the planning commission's and .community design review board's recommendations r,~di-tM,~ee fMwarded to the city council. 62 (b) The city council shall hold at least one public heating on each application for a conditional use permit. The city council shall not hold this_--T-his hearing sha~Re~ae-he~ until the council has received written recommendations or reports from the city staff, planning commission and community design review board._ ' ' ' ' date~. The director of community development shall have a notice of the heating published in the official newspaper at least ten (10) days before said heating. The director shall also ~ notice re-be-mailed to each of the owners of property within three hundred fifty (350) feet of the boundary lines of the property ~ which ~ ~ has bee~ requested ~,--whi~ The city shall mail thes_e notices are4~ to the last known address of such owners at least ten (10) days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. (c) The council may refer the application back to the planning commission when the council · · · id not consider specific questions or informati.on that may finds that ~'"'~'~ ........ '- -: · ~ affect the final decision~. - .... · shall only use this procedureTh~c ;'"" '~" - ..... cc!~' (d) The city council may approve, amend or deny an application for a conditional use permit by a majodty vote· (e) All decisions by the city council shall be final, except that any person aggrieved by a decision may, within thirty (30) days of the decision, appeal to the county district court. Sec. 36.442. Standards. The cit council ma a rove amend or den a conditional use ermit 5. cc.'.d?-~c.'.~-! · based(a) on the following standards for approval, in addition to any standards for a specific conditional use found in this chapter: (1) The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. (2) The use would not change the existing or planned character of the surrounding area· (3) The use would not depreciate property values. (4) The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water runoff, vibration, general unsightliness, electrical interference or other nuisances. (5) The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. (6) The use would be serVed by adequate public facilities and serVices, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 63 (7) (8) The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and inc;3rporate the site's natural and scenic features into the development design. This shall include large trees, wetlands, slopes and other natural features that the city council deems important or si,qnificant. (9) The use would cause minimal adverse environmental effects. (10) The city council may waive any of the above requirements for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. (b) The applicant shall have the burden of providing that the use would meet all of the standards required for approval of a conditional use permit. The city may require the applicant provide, at his or her cost, any information, studies or expert testimony necessary to establish whether these standards would be met or to establish conditions for approval. Sec. 36-443. Conditions. (a) The city council, in granting a conditional use permit, may impose such conditions and guarantees that it considers necessary, and as supported by the record of the proceedings, to protect adjacent properties and the public interest, and to achieve the goals and objectives of the comprehensive plan. (b) Conditions and guarantees may include but are not limited to the following: (1) Controlling the number, area, bulk, height, illumination and location of such uses. (2) Regulating access to the property, with particular reference to vehicle and pedestrian safety and convenience, traffic control and emergency vehicle access. (3) Regulating off-street parking and loading areas, including the number and width of parking spaces. (4) The location and design of utilities, including drainage. (5) Berming, fencing, screening and landscaping, including underground sprinkling. (6) Compatibility of appearance with surrounding land uses. (7) Preservation of the site's natural, histodc and scenic features in the development design. (8) Limiting the number, size, location or lighting of signage, notwithstanding the provisions of Article III (sign ordinance). (9) The location, dimensions and upkeep of open space. (10) Increasing required lot size, yard dimensions or setback requirements. (11) (12~ (13) Compliance with any plans presented to the city, includin.q the approved site [}lan(s) and buildin.q elevations. A time limit for review of the permit. A written agreement, cash escrow, letter of credit or other guarantee to ensure that the project will be built as approved by the city counciJ. (14) (15) (16) Restrictive covenants. Control of the interior and exterior components of a building, provided that such condition does not conflict with the building code. Such components may include, but not be limited to, the finished exterior materials and installation of elevators. Control, includinl:i the size and location, of potential noise generators. Section 3. This ordinance shall take effect upon its passage and publication. The Maplewood City Council approved this ordinance on ,1997. 65 Attachment 6 ADMINISTRATIVE POLICY NEIGHBORHOOD MEETING~ Applicants for development proposals located next to or within a residential zoning district shall hold a neighborhood meeting for the following applications: preliminary plat, conditional use permit, planned unit development, rezoning or multiple applications. STATEMENT OF POLICY PURPOSE It is the city's intent to expand and enhance the distribution of infOrmation to the residents and to encourage involvement by the residents in the planning process. Therefore it is the applicant's responsibility to hold a neighborhood meeting that meets the guidelines described in the following paragraphs. PROCEDURES AND GUIDELINES o o The applicant shall schedule the meeting, send out notices/invitations* at least 10 days before the meeting. Meetings shall be scheduled Monday through Thursday evenings after 6 p.m. and not on an evening preceding a holiday and not on Halloween. The applicant shall be the host of the meeting and present the project for questions and answers. The meeting shall be held after the city has accepted the application but before the planning commission meeting on the application. Notices/invitations to the neighborhood meeting shall be sent to those names and addresses listed on the public headng notice list (within 500 feet of the subject property, obtained from Ramsey County). A representative from the city will be present at the meeting as an observer and to be available for city-related questions. The applicant shall make available a complete description of the request, including copies of printed materials and maps, where appropriate. City staff will provide the schedule of dates for planning commission and city council meetings, if known. When the meeting notice is mailed to adjacent property owners, a copy of the invitation shall also be sent to the members of the planning staff, planning commissions and city council. Please contact the Maplewood Community Development Department (770-4560) for the current member rosters. See attached sheet. 66 MINIMUM INFORMATION TO BE INCLUDED IN MEETING NOTICE Name of applicant, contact person, address and phone number Proposed development name Property location description (location map) Describe proposed project and application request Meeting time, day and location Provide a copy of notice to: All property owners within 500 feet City staff All city council and planning commission members (see attached list) It is suggested that a location map and a copy of the proposed development plan be provided with the meeting notice/invitation. Also, additional copies of the development plans should be available at the meeting. Thank you for your cooperation in this matter. 67