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09/03/1996
BOOK MAPLEWOOD PLANNING COMMISSION Tuesday, September 3, 1996 7:00 PM City Hall Council Chambers 1830 County Road B E~st 1. Call to Order 2. Roll Call 3. Approval of Minutes a. August 19, 1996 4. Approval of Agenda 5. Public Heatings a. Land Use Plan Change - east of Arcade Street, north of Keller Parkway 6. Unfinished Business a. Hazelwood Forest Preliminary Plat (County Road C) 7, New Business a. Heartland Industries Shed Sales Conditional Use Permit - Highway 61 b. Billiard Pador - Crown Plaza (1700 Rice Street) Conditional Use Permit Billiard Parlor License 8. Visitor Presentations 9. Commission Presentations a. August 26 Council Meeting: Mr. Frost b. September 9 Council Meeting: Ms. Brueggeman 10. Staff Presentations 11. Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. o This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. The Commission will then discuss the proposal. No further public comments are allowed. The Commission will then make its recommendation or decision. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. jw/pc~pcagd Revised: 01/95 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA AUGUST 19, '1996 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Lester Axdahl Absent Bunny Brueggeman Present Barbara Ericson Present Lorraine Fischer Present Jack Frost Present Kevin Kittridge Present Dave Kopesky Present Gary Pearson Present Present Present Commissioner William Rossbach CommIssioner Milo Thompson (arrived at 7:06) III. APPROVAL OF MINUTES A. August5,1996 Commissioner Frost moved approval of the minutes of August 5, 1996, as submitted. Commissioner Ericson seconded. Ayes-Ericson, Fischer, Frost, Kittridge, Rossbach, Thompson Abstentions-Brueggeman, Kopesky, Pearson The motion passed. IV. APPROVAL OF AGENDA Commissioner Ericson moved approval of the agenda as submitted. Commissioner Frost seconded. Ayes-all The motion passed. V. NEW BUSINESS A. Conditional Use Permit--ABRA Auto Body Repair Shop (Rice Street) Ken Roberts, associate planner, presented the staff report. Allan Stowe, of Barclay, Ltd., was at the meeting. Mr. Stowe said he had no problem with any of the recommendations in the staff report. -2- Commissioner Frost moved the Planning Commission recommend: A. Approval of a lot split creating the proposed ABRA site, subject to the following conditions: Dedicate a drainage easement to Maplewood for the pond area that is at an elevation of 862 or below. The property owner shall also dedicate a wetland easement over the pond according to the wetland protection ordinance. The applicant or owner shall have the wetland edge delineated around the entire pond. If the wetland delineation encompasses more area than that below the 862 contour elevation, the property owner need only dedicate a wetland and ponding easement as defined by the wetland delineation. As required by ordinance, the easement(s) shall be dedicated before the city approves the new deeds or issues a building permit for ABRA. 2. Record the new deeds within one year. 3. The city will not sign off on the new deeds to subdivide this property until the easement(s) in condition one is recorded. B. Approve the resolution for a conditional use permit for a maintenance garage. Approval is based on the findings required by code and subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant or property owner must record the deed creating the ABRA site before the city will submit the CUP resolution to Ramsey County for filing. Commissioner Brueggeman seconded. Ayes-all The motion passed. Hazelwood Forest Preliminary Plat (County Road C) Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commission. Ken Haider, city engineer, felt the proposal adequately addressed the water drainage concern expressed by an adjacent resident. Mario Cocchiarella, owner of Maplewood Development (the developer of the project), was present. Mr. Cocchiarella referred the wetland discussion to Ken Adolph, a consulting engineer with SChoell and Madson. Mr. Adolph said, according to current state law, this property owner could fill 400 square feet of wetland without having to do any replacement. He said they are not proposing to fill this wetland, just alter the buffer width. Mr. Cocchiarella spoke about the options available, and said he felt the best choice was to leave the wetland alone and not create a new one. Planning Commission Minutes of 08-19-96 -3- Commissioner Rossbach said there are approximately 75 feet between the Ramsey County trail and the western edge of this property. He thought there was an opportunity to preserve many of the trees, especially on the west side. Mr. Rossbach said he would like to see the road entrance from County Road C further from the bridge that goes over the pedestrian trail. Commissioner Rossbach suggested shifting the proposed road to the east and allowing a narrower road. He pointed out that the eastern side of the project is more open than the western side. Mr. Rossbach thought placing the homes further up the embankment on the western side would then eliminate the need for any grading on the bottom of the bank and would preserve about an additional 75 feet of area. This could necessitate making the lots wider. Mr. Rossbach also asked to have trees greater than 20 inches in diameter shown on the plat plans. Mr. Cocchiarella responded to Commissioner Rossbach's comments by saying that, once utilities are in, it is difficult to preserve anything between the curb and the back of the building pad. Hopefully, trees will be kept in the rear yard as a buffer and replanted in the front yard once construction is completed. Mr. Cocchiarella appreciated that Commissioner Rossbach recommended variances, but said he did not want to be put in a position where the city council then used these variance requests to deny his plat. Commissioner Frost asked if there was any provision for buffer enforcement. Mr. Roberts could not recall any complaints of wetland-buffer infringement. Mr. Frost was concerned that two of the backyards in this plat would essentially be taken up by buffers. Melinda Coleman, director of community development, said her interpretation of the Maplewood wetland ordinance says nothing is allowed in the 50-foot buffer. She also said her understanding of state law is that the Maplewood ordinance can be more restrictive. She, therefore, would not recommend acceptance of the applicant's proposal to fill the 400 square feet of wetland area. Mr. Cocchiarella said the building pads on this site need preparation because compaction would not be sufficient. He emphasized that lots are more valuable with trees on them. Mr. Cocchiarella also asked that the planning commission be specific in their objection. If the wetland was the only exception, he requested that it be made as an exception to the plat. Commissioner Rossbach asked specific grading and tree questions. Mr. Cocchiarella admitted there would be extensive grading on the site. He said this grading would be necessary to assure proper drainage from each building pad. Chairperson Fischer asked Mr. Haider if Commissioner Rossbach's proposal would be workable and what its effect on the topography would be. Mr. Haider thought the proposal would be physically possible. He referred the land use decision to the planning commission. Mr. Haider also agreed that Maplewood had a more restrictive wetland ordinance than state law. Ms. Coleman clarified that the present plan would require a wetland variance for two lots. Mr. Roberts felt Condition 4 of the Recommendations in the staff report addressed any small change in the plan to meet wetland regulations and could be handled on a staff level. Commissioner Kittridge moved the Planning Commission recommend denial of the Hazelwood Forest preliminary plat until staff and the developer have agreed upon where the lines are to meet the wetland regulations. Commissioner Rossbach seconded. Commissioner Rossbach said the wetlands were not the "key" in this issue. He referred to a recent survey of Maplewood residents that showed people want open space and green corridors. He saw an opportunity in this plat to save trees and natural terrain. Commissioner Kittridge thought the issue was what was presented and what was available. He saw the Planning Commission Minutes of 08-19-96 options as to pass, deny or table. The commission questioned staff on procedure and various options. Ayes-Frost, Kittridge, Pearson, Ericson Nays-Brueggeman, Fischer, Kopesky, Rossbach, Thompson The motion failed. Commissioner Rossbach moved the Planning Commission table the Hazelwood Forest preliminary plat until the next Planning Commission meeting. Commissioner Rossbach will have a written list of alternative options relating to the plat at this meeting. Commissioner Frost seconded. Commissioner Frost asked what would be done with the options that Commissioner Rossbach prepares. Commissioner Rossbach thought it would still be necessary to approve or deny the submitted plat at the next meeting. He said if the plat is denied, the list of recommendations could be used as part of that motion for denial. Commissioner Kittddge suggested that staff and Mr. Cocchiarella discuss Mr. Rossbach's proposal and submit a new plat plan that possibly contains some of his suggestions. Ayes-Ericson, Fischer, Frost, Kittddge, Kopesky, Pearson, Rossbach, Thompson Nays-Brueggeman The motion passed. Highwood Estates No. 4 Preliminary Plat (Highwood Avenue): Development on Slopes, Preliminary Plat, and Street Width Code Variance Ken Roberts, associate planner, presented the staff report. He answered questions from the commission. Ken Haider, city engineer, also answered questions about grading and streets in the development. Art Werthauser, representing Roar Development (the developer), was present. He said the sanitary sewer is being placed adjacent to an existing storm sewer easement that has already been cleared of trees. Mr. Werthauser said streets and pads will be compacted, if necessary, to required standards. Commissioner Kittddge expressed concern that sufficient erosion control measures are in place when slope grading begins. Commissioner Kittddge moved the Planning Commission recommend: Ao Approval of the alteration of a'slope over 25 percent in grade for the construction of Highwood Estates Number Four preliminary plat. The council should approve this alteration because: .'1. The degree of alteration will not affect the basic character of the slope. 2. The alteration will not affect the importance of the slope to the character of the area. Planning Commission -5- Minutes of 08-19-96 3. The council approved a similar request in 1987 for the Gonyea Company to build the Oak Heights development in the area. Commissioner Pearson seconded. Ayes-Brueggeman, Ericson, Fischer, Frost, Kittridge, Kopesky, Pearson, Thompson Nays-Rossbach The motion passed. B. Approval of the Highwood Estates Number 4 preliminary plat (received by the city on June 19, 1996). 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, silt fence and signs at the grading limits. c. Have NSP install street lights in three locations, primarily at street intersections. The exact location and type of lights shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic-control, street identification and no parking signs. e. Provide all required and necessary easements. f. Demolish or move the existing shed behind 2322 Highwood Avenue on proposed Lot 11, Block 1. Abandon any wells or septic systems within the plat, subject to the Environmental Health Official's approval. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. (2) Include contour information for the land that the street construction will disturb. (3) Provide a permanent, dual-purpose sedimentation basin as described in the draft 1996 Ramsey/Washington Metro Watershed Distdct Watershed Management Plan at the end of the storm water pipe between Lots 6 and 7, Block 1 near the existing pond. (4) Show housing styles that reduce the grading on sites where the developer can save large trees. Planning Commission Minutes of 08-19-96 -6- (5) All proposed slopes steeper than 3:1 shall be identified on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. (6) Show all retaining walls on the plans. Any retaining walls more than 4 feet tall require a building permit from the city. Co Change the plat to show the street curves next to Lots 2-5 and Lots 8-11, Block 1 with a minimum of a 150-foot radius on the centedine. Also change the lot lines in the plat to make them radial to the new street centedines. Change the grading and utility plans to follow the revised street and lot design required in Condition 2(c) above. In addition, move the proposed sanitary sewer line between Lots 9 and 10, Block 1 to between Lots 10 and 11, Block 1. This change is to drop one manhole and to lessen the amount of sewer pipe. This sewer line change may require changing the grading plan to make the grades meet city standards. Provide a tree plan for the city engineer's approval before grading or final plat approval. This plan shall show where the developer will remove, save, move or replace large trees. This plan also must show the size, species and location of any trees that the developer will plant as replacement trees. All deciduous trees the developer plants shall be at least 2-1/2 inches in diameter. There shall be no tree removal beyond the approved grading and tree limits. f. The streets shall be 28 feet wide from face to face of the concrete curb and gutter with no parking on one side. 3. Change the plat as follows: a. Add and change 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. 4. Provide all easements required by the city engineer. o The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developers agreement any grading that the developer or contractor has not completed before final plat approval. 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. Commissioner Pearson seconded. Ayes-all The motion passed. Planning Commission Minutes of 08-19-96 -7- Adoption of the resolution which approves a city code variation for 28-foot-wide streets. This variation is subject to no parking on one side of the streets and the developer paying the city for the cost of the no parking signs. Commissioner Pearson seconded. Ayes-all The motion passed. D. Pleasantview Park No. 3 Preliminary Plat (Crestview and Lakewood Ddves) Ken Roberts, associate planner, presented the staff report. Ken Haider, city engineer, answered questions about the cash connection charges. Mr. Roberts also answered questions from the commission. Melinda Coleman, director of community development, said the comprehensive plan allows coordination of land use changes with the character of each neighborhood. Therefore, staff recommended eliminating Lot 3 because it was not "harmonious" with the neighborhood. Ralph Tully, a representative of the Gonyea Corporation, was present. Tom Gonyea of the Gonyea Corporation also was present. Mr. Tully showed an aerial view of the site. He also pointed out that the lot, as proposed, does comply with the city's square footage requirements. Commissioner Rossbach moved the Planning Commission recommend approval of the Pleasantview Park Number 3 preliminary plat (received by the city on July 19, 1996). This approval shall be subject to the developer completing the following before the city council approves the final plat: (1) Drop Lot 3 from the plat and combine the area with Lot 2. The city is requiring this change because: a. Lot 3 would be inconsistent with the size and shape of the adjacent lots. b. The front setback on Lot 3 would be inconsistent with those of the homes on either side. c. Lot 2 would be an irregular "L" shaped lot. (2) Sign an agreement with the city that guarantees that the developer or contractor will: a. Cap and seal any wells on site. b. Remove any septic systems or drainfields. c. Remove or demolish the existing detached garage. (3) Provide all easements required by the city engineer. (4) Pay the city $70 per front foot for cash connection charges for the new lot(s) on Crestview Ddve for the existing sanitary sewer and water. For proposed Lot 1, this charge will be $5609.80 ($70 x 80.14 feet). 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. Commissioner Kittridge seconded. Planning Commission Minutes of 08-19-96 -8- Commissioner Thompson said he was in favor of allowing Lot 3 so the front of Lot 2 was "cleaned up." Commissioner Fischer said she would be voting no because she was not comfortable with asking the developer to drop a lot since all the zoning requirements were met. The motion passed. VI. VISITOR PRESENTATIONS There were no visitor presentations. VII. COMMISSION PRESENTATIONS Ayes-Brueggeman, Ericson, Frost, Kittridge, Kopesky, Pearson, Rossbach Nays-Fischer, Thompson A. August 12 Council Meeting: Ms. Coleman and Ms. Fischer reported on this meeting. B. August 26 Council Meeting: Mr. Frost will attend this meeting. Commissioner Frost asked about the status of the VVhite Bear Avenue improvements. VIII. STAFF PRESENTATIONS The September 2, 1996, meeting will be rescheduled for Tuesday, Septembe~ 3, 1996 because of Labor Day. IX, ADJOURNMENT The meeting adjourned at 9:38 p.m. MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Conditional Use Permit and Billiard Parlor License Crown Amusements, Crown Plaza 1700 Rice Street August 27, 1996 INTRODUCTION Project Description John Alexis of Cue Clubs of Minnesota, Inc., is proposing to open a billiard pador in the Crown Plaza shopping center at 1700 Rice Street. Mr. Alexis wants to open the billiard pador in the space now used by the furniture store and formedy used as a grocery store. The proposed space for the billiards parlor would be 11,907-gross square-feet. This includes the billiards table area, a service area, storage and rest rooms. Refer to the maps on pages 6-9, the proposed floor plan on page 10 and the letter on pages 11 and 12. Requests Mr. Alexis is requesting that the city approve: A conditional use permit (CUP). Section 36-151(b)(3) of the city code requires council approval of a conditional use permit for an indoor place of amusement or recreation in the BC (business commercial) zoning district. 2. A license to operate a billiard parlor. Section 6-107 of the city code requires the city council to approve a license for any place or business that has billiards or pool tables. Mr. Alexis is not proposing any changes to the extedor of the building or to the site. BACKGROUND The city approved the Crown Plaza project in 1989. Various tenants have gone in and out of the center since the developer built it. DISCUSSION Conditional Use Permit The city council should approve the CUP. The proposal, with the staff recommendations, would meet the findings for approval (refer to the findings in the resolution on pages 16-18 ). Since 1993, Mr. Alexis has run a billiard parlor in a strip commercial center near the Southtown center in Bloomington. This parlor has 19 billiard tables and about 8 video arcade game machines. Bloomington recently reviewed the conditional use permit for that billiard parlor and renewed the CUP for three more years. I spoke to a planner from Bloomington about this billiard parlor. He said there have not been any problems with it since Mr. Alexis opened it in 1993. Billiard Parlor License If the applicant meets all the recommended conditions for the conditional use permit, then the city should approve the billiard parlor license. This license should be subject to the requirements set in the city code. RECOMMENDATIONS 1. Adopt the resolution on pages 16-18. This resolution approves a conditional use permit for a billiards parlor in the Crown Plaza Shopping Center at 1700 Rice Street. The zoning ordinance requires a conditional use permit since this use would be a place of amusement or recreation in a BC (business commercial) zoning district. The city bases this approval on the findings required by code and is subject to the following conditions: a. All construction shall follow the floor plan approved by the city. The director of community development may approve minor changes. b. The proposed use must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. c. The owner or operator shall get a billiard parlor license from the city clerk's office before opening the business and each year. d. The owner or operator shall meet all the requirements of Section 6-106 through Section 6-119 of the city code (about billiard parlors and poolrooms). e. The hours of operation shall be from 8 a.m. to 1 a.m. Monday through Saturday and 12 noon to I a.m. Sundays. f. The owner or operator shall not allow any form of gambling. g. The facility shall not have more than 42 billiard tables, ten video or arcade games and four dart games. h. There shall not be any liquor sold, distributed or allowed on the premises. i. Billiards or pool leagues shall be limited to two nights per week. j. Toumaments shall be limited to one local tournament per week and no more than six Minnesota Pocket Billiard Tournaments per year. k. The owner or operator shall sweep and maintain the parking lot before the billiard parlor opens and then regularly or as is needed. I. Food service and food items shall be limited to prepackaged items, soda, water and coffee ddnks and other similar non-alcoholic beverages. m. The city council shall review this permit in one year. Approve a billiards pador license for Mr. John Alexis to operate a billiard pador in Suite A in the Crown Plaza Shopping Center (1770 Rice Street). This license shall be subject to the operator or owner meeting all conditions of the conditional use permit and meeting all city licensing requirements. CITIZENS COMMENTS I surveyed the property owners within 350 feet of the site. Of the 38 surveys I sent, 9 were returned. 5 were for the billiard pador, 1 had no comment, 2 were against and 1 had other comments. For It will provide a place for people to go in the evenings and will create jobs for the community. (Manager - 99 California Avenue) I am for filling the vacant spots and creating traffic. I am also a member of Minnesota '8-ball and play tournaments and enjoy billiards. (Perry Linn - owner of Goodyear Store) Hopefully it will generate a more positive consistent traffic to the area and the existing businesses will have some economic growth from the increased traffic. It is important that site and secudty issues for the new facility and neighborhood be addressed. We reduced our hours of operation at our store at 1681 Rice Street because of cdme! (inter City Oil, Inc.) 4. I know John Alexis and know that he runs a good operation. (Owner, 1648 Rice St., St. Paul) Against It is another place for kids to hang out or be in the neighborhood around Taco Bell. It should be a grocery store, dollar store or anything but a potential youth or gang hang out. (Owner - 1654 Rice Street, St. Paul) Is this the highest and best use? The applicant has opened others like this, then a year later fights hard for a liquor license, saying he cannot sustain his business without one. Can you guarantee the neighbors they will never have a liquor license and make the applicant aware of this decision before they open? (Dennis Prechal - 1740 Rice Street) 4 REFERENCE INFORMATION SITE DESCRIPTION Existing land use: Crown Plaza Center SURROUNDING LAND USES North: South: West: East: Crown Plaza Center Residential and commercial properties across Larpenteur Avenue Burger King and commercial properties across Rice Street A single dwelling and water utility property across the Soo Line railroad tracks PLANNING Land Use Plan designation: Zoning: BC BC (business commercial) Ordinance Requirements Sections 6-106 through 6-115 have the license requirements for Billiard Parlors and Poolrooms. Section 36-442(a) states that the city council must base approval of a CUP on nine standards for approval. Refer to findings one through nine in the resolution on pages 16-18. Section 36-22(a)(6) requires one parking space for each 200 square feet of floor area for commercial, office or recreational building uses. p:sec18~billiard.cup Attachments: 1. Local~on Map 2. Property Une/Zoning Map 3. Towle Real Estate ,Site Plan 4. City Site Plan 5. Proposed Floor Plan 6. Letter from John P. Nexis dated July 26, 1996 7. Profile of a Billiard Room 8. Conditional Use Permit Resolution 5 Attachment #1 ~NADA COUNTY RD, FENTON AVE. KINGSTON Sandy Lake SKILLMAN AV~. MT. VERNON DOWNS AVE, BELLWOOD AVE. JMMER AVE. BELMONT LN. SKILLMAN RIPLEY AVE. AVE. iUMMER BELLWO ~ AVE. AVE. LOCATION MAP 6 .I- Attachment #2 .~T P'A ~ L WATER UTILITY .73~ ' N PLAZA 7 Attachment 4 ABRA CAR WASH I L\ ! PROPOSED BILLIARDS HALl L.A RPE.NT'EU~, AVE. SITE PLAN N Attachment 5 ..9-.66 ~9 VEO,I, $ .,g-,6ll 10 Attachment 6 CITY OF MAPLEWOOD 1830 EAST COUNTY ROAD B MAPLEWOOD, MN 55109 APPLICATION FOR BILLIARD PARLOR LICENSE LICENSE YEAR: ANNUAL LICENSE EXPIRING ON ~tJNE 30, FOLLOWING THE DATE OF ISSUANCE. 1. Name and Address of applicant. CUE CLUBS OF MINNESOTA, INC. John P. Alexis, CEO 594 Iglehart Ave Saint Paul, MN 55103 2. Name under which the Business will be operated. Minnesota Cue Club. 3. Legal Description of premises where business will be operated. Business will be located at the street address of 1700 Rice Street, Suite $/K Legally described as follows: See Exhibit B attached. 4. Floor Plan of premises. See Attached: 5. Owners Previous experience and other businesses similar in nature and location, if in operation at the time of application or prior there. :lohn Alexis is CEO and stockholder of Crown Amusements Inc., which operates a similar business at 8078 Morgan Circle, Bloomington MN 55431. See attached recent recommendation concerning renewal of Special Use Permit of Bloomington location. John Alexis, also owned and ran a similar business in Minneapolis in 1989-90 MASTER Br~ .I.1ARDS in lVfmneapolis. License inspector was Mr. Weldon Kopp. Minneapolis City Licenses, 359 5th St. #lC, Minneapolis, Mn 55415 (673-2080) Mr. Alexis work experience and background are as follows: 1. Marine Corp. Vietnam Veteran 2. High School Teacher, Wrestling Coach. 3. Restaurant & Bar Manager 3. Insurance Claim Representative 4. Attomey 5. Billiard room owner. Mr. Alexis educational background includes a BA, BS Mankato State University; LL D. William Mitchell College. Mr. Alexis has taken various college business courses, Five time attendee at Billiard Trade Association Billiard Congress of America College of Pool Knowledge. 6. Full information regarding hours and methods of operation. This shall include plans for chaperoning, policing, etceteras. Mr. Alexis has retained Mr. Robert W. Pomplun of Loss Control Services, Inc. 1804 Mendelssohn Ave N Golden Valley, Mn 55427 (612-545-5951) to advise regarding security, and problems of this nature. All steps will be taken to insure this will be a safe clean environment. Applicant requests hours of operation from 11:00 am to 4:00 am Sunday through Thursday and 11:00 am through 6:00 am Friday and Saturday and nights before legal holidays. Applicant anticipates the Business will be slow during daytime hours and will have a major share of business from 9:00 PM through closing. Applicant anticipates business will attract late shift workers, such as postal workers, hotel employees, waitresses, police men, who because of their work hours need a late night place to relax and have fun. Applicant anticipates 42 billiard tables, 6-10 arcade type games, 3 soft dart games. See attached Floor plan. Applicant plans to sell pre-packaged food, candy, soft drinks, and coffee drinks. See for your information Trade Association Billiard Congress of America survey. This is a commercial recreation type of business in competition with movie theaters, baseball, football, bolwing, golf, tennis, etcetera. DATE: July 26, 1996 il No two bfll~l room~ are alike. It is impossible to point to a particular room Cot even a par- ticular aspect of a room) and say, ~ is what the typical room is like." The busine~es that resp~mded to the sur- vey range from the ~m~]! operations with three tables, to large bowling centers, to upscale billiard rooms with full-size kitchen and bar facilities. Part of the strength of our sport is its broad appeal to every segment of our society. Each billiard facility caters to one or more of these mar- kets and therefore is an important part of making pool the social sport of the '90s. Because the spectrum of billiard rooms is · so broad, this study will not make a gener- c'~li,~tion of what an average room is, but will point to those aspects of a billiard operation that are typical and those that are paryJcularly succazaful. The intention Attachment 7 Each year, the Billiard Congress of America conducts a survey of billiard room proprietors in order to track the trends in revenue, table use, services and other information of use to the industry. Compiled from the responses of over a hundred billiard room owners from across the country, this survey paints a vitally important picture of the "average" billiard room operation. om of thz mu'vey is to make the remdts az use- ful as lxmible in h~lping to mske and eval. uate key management and marketing deci- sions in billiard room operations. For more information, contact the Billiard Congress of,america at (319) 351-2112. Snapshot in Time A. Years of Operation The average number of years respond- ing billi~d rooms have been in operation is nine years. The mean number of years that r~sponding billiard room shave been in operation is five year~. What this means is that exactly half of the billiard rooms in the survey hay2 been in operation for five Imam or lin. As a matter of fact, over 36% of the rooms have been in business for only thr~ years or less. These numbers are a direr refl~tion of the participation explo- sion in the sport of billiards in recent years, and that despite the fact that our sport has been around for over 150 years, its current strength has been evident for only the past several years. Fewer than 8% of respon- dents have been in business for over 25 years. B. Size The average room size measures 5,190 square feet with just over half of respon- dents' rooms measuring in excess of 5,000 square feet. The trend toward large, upscale, multipurpose facilities remains strong with better than one in five facilities measuring t,ver 10,000 square feet in size. C. Operat,r~g Hours The ty~,"al billiard room is open 96.5 hours per week, averaging 13.5 hours per day dunng the week, and 14.5 hours per day on the weekend. Approximately one- half of ali billiard rooms open before noon Billiards vs. Select Sports Total Participants - Millions played once or more per year Bowling Basketball BIWARD~ Volley Softball 0 10 20 30 40 50 60 7B Pool & Bill~rcl Maga~ne July 1996 13 Attachment CONDITIONAL USE PERMIT RESOLUTION WHEREAS, John P. Alexis of Crown Amusement applied for a conditional use permit to run an indoor place of amusement or recreation (a billiard parlor) in an existing building in a BC (business commercial) zoning district. WHEREAS, this permit applies to the property at 1700 Rice Street, Suite A. The legal description is: Lot 13, Block 6, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota, together with that part of the vacated alley which accrued thereto by reason1 of the vacation thereof. Parcel 2. Lot 3, except, Railway and Lots 4 through 8, Block 6, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota, together with that part of the vacated alley accruing thereto by reason of the vacation thereof, and together with that part of Kingston Street accruing thereto by reason of the vacation thereof. Lot 2, except, Railway and Lots 3 through 8; that part of Lot 9, lying South of the easterly extension of the south line of Lot 12 and Lots 13 through 25, Block 7, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota, subject to railroad right-of- way; and, together with that part of vacated alley accruing thereto by reason of the vacation thereof; and, together with that part of Kingston Street accruing thereto by reason of the vacation thereof; and, that part of Pdce Street accruing to Lots 16 through 25 by reason of the vacation thereof. Lots 4 through 9 and Lot 17, except, the South 15 feet thereof, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota; together with that part of vacated north-south alley accruing to said Lots 9 and 17 by reason of the vacation thereof; and, that part of Pdce Street accruing to Lots 4 through 10, Block 8, by reason of the vacation thereof; and, that part of the vacated east-west alley accruing to Lots 4 through 9 and Lot 17 by reason of the vacation thereof. Parcel 3. Lots 14, 15, and 16, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION to the City of St. Paul, according to the recorded plat thereof on file and of record in the office of the Register of Deeds, Ramsey County, Minnesota; together with the West half of the adjacent vacated alley which accrued thereto by reason of the vacation thereof. Lots 1, 2, 3, 18, 19, 20, 21, 22 and 23, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota; together with that part of vacated Price Street accruing to Lots 1, 2, and 3 by reason of the vacation thereof; and together with that part of 16 vacated alley accruing to Lots 1 through 3, and Lots 18 through 23 by reason of the vacation thereof. Parcel 5. Lots 10, 11, and 12, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota; together with that part of vacated alley accruing thereto by reason of the vacation thereof. parcel 6. Lots 24 and 25, Block 8, ST. AUBIN AND DION'S RICE STREET ADDITION, Ramsey County, Minnesota; together with that part of the vacated alley accruing thereto by reason of the vacation thereof. Together with the appurtenant easements described in the Reciprocal Easements and Development Agreement dated January 17, 1989 and recorded on February 15, 1989 in the office of the County Recorder, Ramsey County, Minnesota, as Document No. 2481228. Together with the appurtenant easements described in the Access and Utilities Easement Agreement dated July 8, 1985 and recorded on July 26, 1985 in the office of the County Recorder, Ramsey County, Minnesota, as Document No. 2275429. WHEREAS, the history of this conditional use permit is as follows: 1. On September 3, 1996, the planning commission recommended that the city council this permit. The city council held a public hearing on ,1996. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the headng a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 1'/ 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the floor plan approved by the city. The director of community development may approve minor changes. 2. The proposed use must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The owner or operator shall get a billiard pador license from the city clerk's office before opening the business and each year. 4. The owner or operator shall meet all the requirements of Section 6-106 through Section 6-119 of the city code (about billiard parlors and poolrooms). 5. The hours of operation shall be from 8 a.m. to 1 a.m. Monday through Saturday and 12 noon to 1 a.m. Sundays. 6. The owner or operator shall not allow any form of gambling. 7. The facility shall not have more than 42 billiard tables, ten video or arcade games and four dart games. 9. 10. 11. 12. There shall not be any liquor sold, distributed or allowed on the premises. Billiards or pool leagues shall be limited to two nights per week. Tournaments shall be limited to one local tournament per week and no more than six Minnesota Pocket Billiard Toumaments per year. The owner or operator shall sweep and maintain the parking lot before the billiard pador starts operation and then on a regular basis or as is needed. Food service and food items shall be limited to prepackaged items, soda, water and coffee ddnks and other similar non-alcoholic beverages. 13. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on ,1996. 18 TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: MEMORANDUM City Manager Tom Ekstrand, Associate Planner Conditional Use Permit Revision, Lawn Irrigation Waiver and Site Plan Review Highway 61, North of Highway 36 Heartland Industries, Inc. August 28, 1996 INTRODUCTION Project Description Larry Stark of Heartland Industries is proposing to operate a backyard shed sales business on the former Mapleleaf Drive-in property. This shed display site would be directly north of the entrance to the old drive in theater. Refer to the maps on pages 7-9 and the narrative on pages 10-11. Heartland has operated the shed sales business on the south side of Highway 36 in North St. Paul (across from North High School) for the past seven years. Mr. Stark proposes to pave four parking spaces adjacent to the existing gravel drive. The existing looped gravel drive shown on the site plan (see page 9) would be discontinued. Mr. Stark would pave a driveway from the southerly curb cut to the proposed parking spaces. The applicant plans to remove the existing trees in front of the site along the frontage road and replant this area with Iow-growing sea green juniper shrubs. Mr. Stark has not specified the number of junipers that he would plant. Requests Mr. Stark is requesting that the city council approve the following: 1. A conditional use permit (CUP) for the outside display of goods or materials. 2. Waiver of the requirement for in-ground lawn irrigation. Refer to the letter on page 12. 3. Site and landscape plans. DISCUSSION Conditional Use Permit The city council should approve the CUP for this shed sales business. The proposed use would fit in with this area and would meet the findings for approval of a CUP. Also, none of the surrounding property owners that staff surveyed objected to this proposal. Underground Lawn Irrigation The applicant stated in his letter (page 12) that there is no public watermain available for a lawn- irrigation system. This is not true. There is a watermain in the frontage road that would serve this site. The code states that the city council may waive this requirement on a case-by-case basis, provided a suitable alternative to underground irrigation has been secured by the developer. To waive this requirement, the city must find that the installation of a lawn-irrigation system would be prohibitive and difficult due to terrain or other factors, or be unnecessary due to alternative irrigation provisions or xeriscape arrangements which do not require irrigation. None of these alternatives or exceptions apply. Staff, therefore, cannot find any basis to waive the lawn-irrigation requirement. Site Plan The city typically requires that a developer submit a cash escrow to cover the costs of any unfinished site improvements at the time of building occupancy. Since that will not be possible with this proposal, staff recommends that the developer give the city escrow to cover the construction costs. This should include the cost of the driveway, parking spaces, installation of security lighting, removal of the existing gravel drive, installation of a lawn-irrigation system, removal of the old concrete slab and all sod restoration and landscaping. The city should have this escrow before the first shed is placed or built on the site. Staff should determine the amount of escrow. This amount will depend on the amount of site work to be completed by the time of the first shed placement or construction. RECOMMENDATIONS Adopt the resolution on pages 13-14. This resolution approves a conditional use permit for the outdoor display and sale of yard sheds on the old Mapleleaf Drive-in property on the west side of Highway 61. Approval is based on the findings required by the code and subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If there is not enough parking, the operator or property owner shall provide more spaces. The city staff must approve a plan before paving begins. 5. The operator shall keep the lawn mowed on this site. 6. The number of sheds shall not exceed the number shown on the site plan. 7. Provide a portable bathroom on site for customers and sales persons. Deny the request for a waiver of the lawn-irrigation requirement. The city denies this waiver since it cannot be found that the installation of a lawn-irrigation system would be prohibitive and difficult due to terrain or other factors, or be unnecessary due to alternative irrigation provisions or xeriscape arrangements which do not require irrigation. Approval of the site plan date-stamped July 26, 1996 for a backyard shed sales business on the west side of Highway 61 on the old Mapleleaf Drive-in Theater property. Approval is subject to the applicant doing the following: 1. Revise the landscape plan for staff approval providing for plantings more substantial than sea-green junipers. Complete the following items or provide cash escrow or an irrevocable letter of credit to the city to guarantee the completion of the following things before the first shed is placed or construbted on the site: Install a 24-foot-wide bituminous driveway and parking lot for four cars (one must be handicap-accessible as required by the ADA-Americans with Disabilities Act). This driveway shall follow the alignment of the southerly part of the existing gravel driveway. b. Provide parking lot striping including cross-hatching an eight-foot-wide handicap- parking access-aisle and installation of a handicap-parking sign. c. Install an in-ground lawn-irrigation system. d. Install site security lighting. e. Remove the gravel drive and concrete slab, restore the ground in this area with black dirt and grass seed or sod. f. Install the required landscaping. 3. Comply with sign code requirements. 4. The director of community development may approve minor changes. CITIZENS' COMMENTS I surveyed owners of the seven properties within 350 feet of the proposed site. Of the seven replies, two were in favor and five had no comment. In Favor 1. Good use until overall development occurs along Maplewood Drive. (Apache Chief Theatre Company) 2. I am in favor of this proposal because of business opportunity. (Kuhns, 217 Dawn Avenue, Shoreview) REFERENCE INFORMATION SITE DESCRIPTION Site size: 2.08 acres Existing land use: Undeveloped SURROUNDING LAND USES North: Single dwelling on land zoned M1 (light manufacturing) and Zuercher Well Drilling South: Northernaire Motel and Smily's DG Burgers West: Undeveloped property (formerly part of the Mapleleaf Drive-in Theater property East: Highway 61 PAST ACTIONS On May 13, 1996, the city council approved a CUP for Backyard Building Systems to operate a shed display and sales business north of Lexus on Highway 61. The council had also waived the requirement for lawn irrigation on that site because public water was not available. (Council made that waiver on June 13, 1994 for a used car lot proposed by the previous owner, Clarence Lacktorin.) PLANNING Land Use Plan designation: M-1 Zoning: M-1 CUP Requirement Section 36-151(b)(4) requires a CUP for the outside display of goods or materials. Criteria for Conditional Use Permit Approval Section 36-442(a) states that the city council may approve a CUP, based on nine standards. Refer to findings in the resolution on pages 13-14. Lawn Irrigation Requirement Section 36-28(c)(9) requires that the applicant install and maintain an underground lawn irrigation system. The city council may waive this requirement on a case-by-case basis, provided a suitable alternative to underground irrigation has been secured by the developer. To waive this requirement, the installation of such system must be found to be prohibitive and difficult due to terrain or other factors, or be unnecessary due to alternative irrigation provisions or xeriscape arrangements which do not require irrigation. p:sec9\shedsale,cup Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's Statement 5. Applicant's Lawn Irrigation Waiver Justification 6. Resolution 7. Site Plan date-stamped July 26, 1996 (separate attachment) C, ervi$ LI, J Luke CI' VADNAIS HEIGHTS COUNTY RD. D KOHLMAN COUN*~ NOR GERVNS 1. SuMMrT CT. 2. COUNTR'WIE'W CiR. 3. DULUTH CT. 4. LYD~ S'T. Attachment SHERREN AVE. i: VIKING , JUNCTION BURKE (1) Ct-l,t~lB[l~ Attachment 2 ,F MAPLEWOOD INDUSTRIAL - ':~'~°" ~- " ~ PARK 64.? ~ '°~ZUERCHER [~1 D WELL DRILLINGIg~ PROPOSED SITE AVE NORTHER MOT,EL SUNSET REALTY SMILEY'S DG 249O ~ I PROPERTY LINE I ZONING MAP 8 2464 2444 WAREHOUSE Attachment "BARNS" FOR SALE AT 10 X 10 OR 8 X 12 PROPOSED 20 X 20 GARAGE ON S. LAB =--~ / 453.47- - ~g'S S' 11" W PROPOSED 4 PARKING STALLS AT 9 X 20 PROPOSED 10 X 12 SALES OFFICE C SITE PLAN Attachment 5 817 Vandalla Suite 3 St. Paul, MN 55114 512-644-5456 FAX 612-644-5249 THE VARIANCE WE ARE ASKING FOR IS CITY CODE REQUIRING WATER SPRINKLERS FOR YARDS. THE PROPERTY WE ARE GOING TO LEASE HAS NO WATER. WE ARE USING THE LOT FOR OUTSIDE SALES. 12 Attachment 6 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Heartland Industries, Inc. applied for a conditional use permit to install a backyard shed display and sales business on the former Mapleleaf Drive-in Theater property. WHEREAS, this permit applies to the following described property: LOT NUMBER 2 W.H. HOWARD'S GARDEN LOTS EXCEPT THE WESTERLY 221 FEET THEREOF AND EXCEPT THE SOUTHERLY 90 FEET THEREOF, ALL OF WHICH LIES WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF HIGHWAY NO. 61. WHEREAS, the history of this conditional use permit is as follows: 1. On m, 1996, the planning commission recommended that the city council approve this permit. The city council held a public hearing on __, 1996. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and plan~ing commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, ccr~structec~ 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 run-off, vibration, general unsightliness, electrical interference or other nuisances. o o The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 3.3 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall 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. If there is not enough parking, the operator or property owner shall provide more spaces. The city staff must approve a plan before paving begins. o 6. 7. The Maplewood City Council approved this resolution on The operator shall keep the lawn mowed on this site. The number of sheds shall not exceed the number shown on the site plan. Provide a portable bathroom on site for customers and sales persons. ,1996. DATE: TO: FROM: SUBJECT: August 27, ! ~96 Maplewood Planning Commission William Rossbach Hazelwood Forest Preliminary Plat At our meeting on August 5th, we took an initial look at the Hazelwood Forest Preliminary Plat. During the discussion I brought up some ideas to alter the plat to allow for conservation of animal habitat on the site. The plat discussion was tabled to allow me to put down some of those thoughts for further consideration by the Commission. It should be noted that although the immediate discussion is about Hazelwood Forest, I believe that as a commission we should look to find ways to include these concepts in the continuing development of Maplewood. Before starting in on writing my thoughts I wanted to get some input fi.om someone with some in- depth knowledge of habit and wildlife corridors to make sure that the Hazelwood Forest area had something that was worth saving. (I also wanted to insure that I was not just off on a wild goose chase). I, therefore, contacted Sherfi Buss, the project manager for the Phalen Watershed Project. Sherfi was kind enough to (on very short notice) provide some facts about wildlife and tie those to the Hazelwood Forest area. I have included her letter to me so you can read it and make those judgements on your own. As I mentioned at the last meeting, I have not in the past thought that there was a lot that the Commission could do or maybe even should do in way of conserving habit within plat areas. Hazelwood Forest offered a few things that made me look at this site differently. First was the fact that due to the bike trail, trails on the property and the existing fences, this property provided enough landmarks so you could walk it and actually know where you were in relationship to the proposed development. This allowed me the opportunity to be able to see that there were some alternatives available to the proposed plat. I have always thought that this is a problem that we have had as a commission. I had for awhile made an effort to convince staff that we needed better resources, but as of yet they have not been able to provide those. Secondly was the location of the plat in relation to the bike trail. The trail in itself makes a good start at creating a natural corridor. There is land to the north and west including the existing platted lots, some Maplewood open space, land across Beam Avenue (that if developed properly could continue to provide some habitat) and watershed property which needs to be connected to land to the south including the rear of platted lots that front on Clarence Avenue, open space at Gervais Avenue and park land. Because of its placement along the trail, this plat is in a key position to be able to greatly enhance the habitat corridor. Third was the diversity that is offered by the area. It not only has large canopy trees, but also provides brush areas and lower growth which is very important to maintaining some variety of wildlife. The last reason to look at this site a little differently was that it appears that there would be the ability to ask for some changes here and not necessarily put an additional burden on the developer. As far as I know I am not proposing anything that would take away any lots or necessitate the developer having to spend more money to develop this property. (That is not to say that some of these changes might not be worth more). My thoughts of altering the plat are: 1) 2) 3) Widen and enhance the corridor along the west side of the property. To work with the natural lay of the land. To look for opportunities to maintain as many trees and other vegetation as possible throughout the plat. Some examples of ways to achieve this are: 1) 2) To move the road bed to the east. Allow a narrower road bed. The idea would be to try to move the house pads for the homes on the west side of the plat further into the area that is already open. I don't see any reason for there to be a need to do any grading further west than the point where the embankment at the rear of the house pads intersects the east edge of the gully. By doing these items, we will shorten the depth of the lots on the east side of the plat. To maintain a similar square footage to those shown on the preliminary plat, it would be necessary to widen those lots. This could result in the loss ora lot on this side of the plat. If so, it could be replaced by narrowing the lots on the west side of the plat. We might have to allow a street frontage variance in the cul-de-sac area. Two additional ideas to further maintain as much natural area as possible would be to survey the large trees on the site (it was indicated at the last meeting that this had to be done anyway) and look to see if it would be possible to alter the lots some to retain these areas. This action could also result in the need for some variances or other considerations. The second thought is to have the type of house fit the existing lot. On lots 15-20 the developer is proposing to build up the house pads to allow for all walkout homes. This would greatly expand the area which needs to be graded. My general rule of thumb would be, if the natural lay of the land will allow a walkout house, that's fine. If not, build something else. This would be a good time to mention that I disagree with the developer's thought that he must grade and compact all house sites. There are two reasons to necessitate compaction or soil correction - one is bad soil and the other is that the grade is being altered so the house footings will not bear on virgin soil. ffthe soil is bad, there is not anything to do but make corrections if you are going to build on it. If compaction is required because you are altering the grade, then you are choosing to do it. I admit that I am not a developer, but I have been involved in the construction of 50 or 60 houses and have only 3 or 4 times ended up having to do soil corrections due to bad soils. The final thought is that the Commission should follow the staff recommendation to enforce the City's wetland buffer ordinance. Wetlands are important to the natural setting and the buffer area adds to the area that would not be graded which is the goal of all of these thoughts. Thank you for yourt¢onsideration. William Rossbach Planning Commissioner 6127776JO? 88/23/i996 89:88 5127776387 RWMWD or LAK .S TE $ I'I D P lC O I P, C T P~GE 01 902 E. County Road B · Maplewood MN 55109 · ph: 6~ 2/777.3665 Subject: Fix Note 7671 August 23, 1996 Will Roasbach Shem Buss '~ Project Manager, Phalen Chain of Lakes Watershed Project Corridor and Canopy protection Hazelwood Forest Development Proposal You have asked for some evidence from the scientific litenture.on the importaw~ of protecting the forested corridor on the west side of the proposed Hazelwood Forest development, and saving some of the larger trees on that site. This is what I was able to gather quickly from the literature: 1) Wildlife corridors have been recommended as a conservation tool since the I970's. This is largely based on research in the field of bioge~hy, that showed that small, isolated patches of habitat support fewer.anima plant species than larger .patches, and experience more extinctions, than larger patches. Corridors help to increase the effective size of habitat patches by connecting smaller areas, so that a larger area for cover or foraging is available to thc animals, they have a larger area to escape human disturbance and predators, and they can move to new areas if one habitat area becomes damaged or unusable. (Biologists seek to increase native diversity of plants and animals as much as possible, since more diverse ecosystems are healthier ones.) 2) Biologists suggest that corridors are especially important in landscapes where natural areas are increasingly fragmented by development into small patches of habitat, with few connections. (~;.orridors in fragmented areas, such as urban and suburban areas like ours, are important because they provide conduits for movement (like the deer that you have seen in the area), and also because they provide dwelling places for plants and animals, and allow for seed and population dispersal and genetic variation. 3) Research by Best in Iowa (1983), Yahner in Minnesota (1982) and C, eibert in ' gga.o? f. ou.d that cormaors -ith he, y and cov . .s. uppo? a richer v]ra communit~ than residential or aericultural .mc .m. Research by Forman and [3audry (1984) suR£es~'tha! in anoscapes where httle woodland remmns, hedgerows and forested corridors can be important population reservoirs for some forest animal and plant species. Corridors are also important because o~ a daily or seasonai basis, animals may need different kinds of habitat for feeding, resting or breeding. In fragmented urban or suburban landscapes, the various habitats needed by animals are often 08/23/1996 89:88 6i27776307 RW~WD P~GE 82 4) 5) 6) clisconnected--comdors can help connect wetland areas used for feeding with forested areas used for resting or nesting, for examplc. The value of the tree and shrub corridor along the west edge of the Hazelwood Forest property nmy therefore include: 1) It can provide food, cover and habitat for some bird, animal and plant species that arc increasingly unable to fred homes as adjacent areas develop, and 2) the corridor can provide for animal and plant movement between habitat patches, such as the large wetland, shrub and woodland areas remaining west of the BN Corridor, north of Gervais Avenue, and south of Beam Avenue. While the tree canopy along the corridor thoroughout this area is not completely continuous, it still may provide enough cover for animal movements between habitat areas. Some of the best canopy cover along this stretch is available in ~.e m'ca of the Hazelwood Forest development. It is difficult to force biologists to say how wide a wildlife corridor should be. This generally depends on the individual species of concern, and their needs for habitat. All of the scientific and design literature on corridors says "the wider, the better", since more species can find habitat as corridors get wider. Width is important because along thc edges of corridors, human activities can disturb species enough to prevent breeding or movement, and predators such as hawks, owls, and foxes have easier access to animals along the edges. Some researchers suggest that these "edge effects" extend at least 10 meters into a forested con'Jdor for some species, to 200 meters for other more sensitive species (33-600 feet). The most sensitive species are probably not breeding in the area near Hazelwood Forest now, .~ince the habitat patches and corridor are too narrow. However, maintaining a corridor at least 100 feet wide would account for "edge" areas for many conunon songbird and animal species, and give a wide protected area for nesting, resting or movement within the corridor. Another issue to consider in sizing the corridor is the effect of adjacent land use. Residents along the Gateway Trail have been doing some obvious trimming and "tidying" along the corridor near their yards, reducing the rcal with of this corridor and especially the numbers of small trees and shrubs along the edge. This potential for loss of corridor width due to the activities of human neighbors is another reason to be conservative about sizing corridors. Ramsey County reports similar activities along many of its recreational corridors and open spaces. In addition to canopy trees, it is especially important to maintain the shrub layer in thc corridor, since many birds nest in shrubs, and fruiting shrubs such as blackberries, juneberries, sumac, etc., provide important food sources for resident birds as well as those migrating through the area. The forested areas along the Gateway trail, for example, are heavily used by migrating birds like warblers, cedar and bohemian waxwings, grosbeaks, and others. You also asked about the large trees on the property. Since it takes a long time to grow young trees to a canopy size, it is generally valuable to wildlife to save good canopy Ur, es an,d. protect them from damage during constructio~n ifj~ossi,b, le. Trees rated "Excellent for wildlife use by l.~ndsca_oin_~ for Wildlife toy carrott Henderson of the Minnesota DNR) include the following that may bc on this ruoperty: Hazelnut. ButternUt. Black Walnut. White O~.ak..No~..~hern ~ p~al~,,... .... r Oak, Red Oak, Northern Catalpa, Hackberry or tlsact~ cherry, t~atea ~Jooo for wildife include Sugar Maple and Red Maple. . 08/23/1996 89:88 6127776387 RWMWD P~GE 83 Large trees have other bcncfits as well, of course, such as pwviding shade and increasing the beauty and value of residential properties. I hope that this information is helpful. Biologists are doing more research on wildlife corridors all the time, since the fragmentation of natural areas by increasing development and human use is a growing concern for plant and animal conservation and habitat protection. Obviously, without the habitat, we won't have the animals and plants to enjoy ,th, at many people hope for when they move to communities like Maplewood and Haz~lwood Forest". ' Please call if you have clucstions. MEMORANDUM TO: FROM: SUBJECT: PROJECT: DATE: City Manager Ken Roberts, Associate Planner Preliminary Plat Hazelwood Forest August 26, 1996 INTRODUCTION Projec~ Description Mario Cocohiarella, representing Maplewood Development, is proposing to develop lots for 21 single-family homes. They call this development Hazelwood Forest. It would be on an 8.45-acre site north of County Road C, east of the Ramsey County Trail. Refer to the maps on pages 7-9. BACKGROUND On August 19, 1996, the planning commission reviewed the proposed preliminar~ plat. The commission tabled the plat request to allow the developer time to change the plat to meet the wetland setback requirements and to lessen tree loss. DISCUSSION Open Space Many neighbors prefer to keep this property for open space or a park. Maplewood or Ramsey County would have to buy this property to keep it as open space. Ramsey County has no plans to buy the property. The Maplewood Open Space Committee did not rate this property. In the spdng of 1996, the city council asked city staff to investigate buying the site for open space after the owner listed the property for sale. City staff and the city council found the asking price too high to pursue any serious buying negotiations. As such, Maplewood has not included this site in its park or open space acquisition plans. Density and Lot Size Several neighbors thought that there were too many lots in this plat and that they were too small. As proposed, the lot sizes range from 10,000 square feet to 23,133 square feet with an average lot size of 12,582 square feet. (See the proposed plat on page 9.) The four house lots immediately next to this site on the east range in size from 1.59 acres (proposed) to 3.52 acres. On the west side of Hazelwood Street, the lots range in size from 13,200 square feet to 47,740 square feet. The city code requires at least 10,000 square feet above a drainage easement and 75 feet of width. All the proposed lots meet or exceed city standards. Maplewood cannot reduce the number of lots or require larger lots if the developer is meeting the city's ordinances. Trees Maplewood's tree ordinance does not apply to trees under eight inches in diameter or box elder, cottonwoods or poplar trees. The applicant has revised the proposed plans to lessen the grading and tree loss along the west side of the site. However, the proposed plans still require significant site grading and thus removal of many trees on the site. (See the proposed grading plan on page 10 and the proposed tree plan on page 12.) Before grading the site, the city should require the developer to submit a final tree plan to staff for approval. Maplewood's tree ordinance requires there be at least ten trees per gross acre on the site after grading. As such, the developer proposes to plant 58 trees (25 coniferous trees along County Road C and at the rear of Lots 18-20; and 33 deciduous trees, one in every lot front and one to the rear of 13 of the lots). The trees should be of varying species. The city should require the developer to preserve the large trees at the rear of Lots 16, 19, 20, and 21, and wherever else possible. In addition, the construction plans should specify the kinds of trees the developer will plant, using a variety of tree species. The contractor should plant the replacement trees after the grading of the site, before the city approves the final plat. ComerL~s The proposed plat would create two comer lots fronting on Barclay Street and County Road C. Staff is recommending a condition to ensure the driveways for these two lots exit onto Barclay Street and not County Road C. Trail Staff is recommending that the developer change the plans to add a paved trail to adjoin the Ramsey County trail west of the development. The trail should run from the cul-de-sac to the county trail in the proposed utility easement between Lots 9 and 10. As such, the developer should record this easement as a pedestrian and utility easement on the final plat. In addition, the developer should change the width of the easement to 30 feet (instead of 20 feet) due to the depth of the proposed sanitary sewer pipe. The city also should require the developer to install the trail before final plat approval to insure that lot buyers know that the trail is there. Utility Plans The city engineer is recommending that the developer add a backyard storm drain to connect to the storm sewer system. The developer should locate this drain near the rear property line between Lots 16 and 17. Wetlands There is a wetland to the east of this site (behind Lots 12 and 13) that may require changing the proposed grading plan and proposed lots. The wetland protection ordinance requires a 50-foot- wide wetland buffer around this wetland. In addition, the ordinance requires building foundations to be at least 60 feet from this wetland and does not allow any ground disturbance (including grading or filling) within the 50-foot buffer. The contractor should place the silt fence so it protects any wetland buffer during grading and construction. 2 Watemhed District Concerns The Ramse¥/Washington Metro Watershed District has received the proposed construction plans. Pat Conrad, of the watershed district, has inspected the site and worked with the applicant's engineer on the wetland delineation. The contractor must get a permit from the watershed district before starting gradin§ or construction. RECOMMENDATION Approve the Hazelwood Forest preliminary plat (reCeived by the city on August 26, 1996). 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, silt fence and signs at the grading limits. c. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. d. Install survey monuments along the wetland boundaries. e. Have NSP install street lights in two locations; near the intersection of County Road C and Barclay Street and at the end of Barclay Street that ends in a cul-de-sac. The exact location and type of lights shall be subject to the city engineer's approval. f. Provide all required and neCessary easements. Obtain the necessary approval from the Ramsey County Regional Railroad Authority for putting the sanitary sewer across their property and for any grading or storm sewer work on their property. g. Remove all junk, scrap metal, debris, and the shed. h. Cap and seal all wells on site; remove septic systems or drainfields. i. Remove the existing curb cut on County Road C, repair the street and sod the boulevard. 2.* 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. b. The grading plan shall: (1) Include proposed building pad elevation and contours for each home site. (2) Include contour information for the land that the street construction will disturb. (3) Show sedimentation basins as required by the watershed board or city. (4) Show housing styles and grading where the developer can save large trees. 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. (3) Show the size, species and location of the replacement trees. The deciduous trees shall be at least two and one half (2 1/2) inches in diameter and shall be a mix of red and white oaks and sugar maples. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austdan pine and other species. (4) Show no tree removal beyond the approved grading and tree limits. d.* Construct an eight-foot-wide paved walkWay and fencing between Lots 9 and 10 from Barclay Street to the Ramsey County Regional trail. The developer also shall provide a fence on both sides of the trail and shall install posts at each end of the trail to prevent cars or trucks from using the trail. The developer or contractor shall build the entire trail and any required fencing with the street and before the city council approves the final plat. The city engineer must approve these plans. Maplewood is requiring the developer to pay for the trail within the plat since the trail will provide access to the Ramsey County trail to the residents of the new plat. 3. Provide wetland easements over the wetlands on site. The easements shall cover the wetlands and any land within 50 feet surrounding the wetlands. The easement shall prohibit any building or structures within 50 feet of the wetlands or any mowing, cuffing, filling, grading or dumping within 50 feet of the wetlands or within the wetlands. The purpose of the easements is to protect the water quality of the wetlands from fertilizer, runoff and to protect the wetland habitat from encroachment. 4. Show the wetland boundaries on the plat as delineated on the site or within 100 feet of the site. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed Distdct must approve this information before the city approves a final plat. If needed, the developer shall change the grading plans and plat to meet Maplewood's wetland regulations. 5. Record a covenant or deed restriction with the final plat that prohibits driveways on Lots 1 and 20 from going onto County Road C. 6. Obtain a permit from the Ramsey-Washington Metro Watershed Distdct for grading and any wetland filling. If the developer decides to final plat part of the preliminan/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. CITIZENS' COMMENTS We surveyed the property owners within 350 feet of this site about this proposed development. Of the 12 replies, 1 had no comment, 4 were for, 6 objected and 1 had other comments. Those for the proposed development had the following 'comments: 1. Progress is inevitable (Person - 1477 County Road C) 2. Good quality single family homes should be an asset to the community. Trail should be left intact. (Benjamin - 2674 Elm Street) 3. The land has been waste land until now. (Oswald - 2676 English Street) 4. We do not oppose this proposed development. (Manager - 2792 Maplewood Drive) Those objecting to the proposed development had the following comments: 1. Too many homes put into that area. The lots should be wider and homes should be farther apart. Some woods left in between some of the homes, it's starting to look like St. Paul and Minneapolis with one house next to another. (Gimple - 1410 Kohlman Avenue) 2. We would not accept any proposal for housing. We love and enjoy the beauty of the wilderness in this area with being so close to the mall, etc. The trail through was an asset. We see much wildlife as we walk. Developers try and put too many houses in areas that should be left natural for the almighty $$. We do need some natural areas in our city, to keep its beauty. We are very opposed. (Knabe - 1423 Kohlman Avenue) 3. This is an open-space area, adjacent to the Ramsey County Trail. It is also home to a lot of wildlife, fox, etc. This is already a high-density area with Maplewood Mall and White Bear Avenue businesses. We need the open space as relief for this congested area. I would like the city of Maplewood to consider this property for the open space program. (Prigge - 1429 Kohlman Avenue) 4. I think Maplewood should have more open spaces and keep all of those trees. If it is built on, there should be more effort to keep some of the trees, especially toward the ends of the lots. This would also help keep the beauty of the Ramsey County Trail. Also, the entrance to County Road C is very close to the bridge. Wouldn't this be dangerous? (Buckley - 2676 Elm Street) 5. Too many houses designated for area. Leave it wild-let the City purchase it for wildlands-we love the animals and space the way it is. More tax base doesn't help us on our taxes. Retirement income hardly allows us to stsy here much longer, when taxes keep going up 15% to 20% a year. What about traffic problems? Hazelwood is now a shortcut speedway without adequate patrol. (Nelson - 2737 Hazelwood Street) 6. Driveway entrance - hazard to traffic from west on "C". (Stone - 2727 Hazelwood Street) Also see the letters on pages 13 and 15 for additional comments. 5 SITE DESCRIPTION Site size: 8.45 Acres Existing land use: Vacant REFERENCE INFORMATION SURROUNDING LAND USES North: South: West: East: Residential Vacant land across County Road C. Ramsey County Trail Houses on County Road C. PLANNING Existing Land Use Plan designations: R-1 (single family residential) Existing Zoning: R-1 (single family residential) P:~...~sec3~hzlwdfor.pre Attachments: 1. Location Map 2. Property Une /Zoning Map 3. Proposed Preliminary Plat 4. Proposed Grading Plan 5. Proposed Utility Plan 6. Proposed Tree Plan 7. 7-15-96 letter from Kathryn In, in 8. 7-12-96 letter from Stones 9. Preliminary Plat dated August 26, 1996 (Separate Attachment) 6 Attachment 1 VADNAIS HEIGHTS couhrrY COUNTY RD. D 2. ~CIR. ~ ..j 4. LYI:XA ST. ?-: ~ ru~ _ AvE. RADATZ COUNTY ROAD I"' C __ ~ ~ ~VA sm.~ AVE. COPE AVE. COPI Attachment 2 · CC,~NT¥ ~OAD C 1 h 5 8 D ~r-~ '-,.- FIRE STATION ,W, LU' J::-~ ~o~,(~ PROPERTY LINE / ZONING MAP Attachment 3 I . PROPOSED PRELIMINARY PLAT Attachment 4 PROPOSED GRADING PLAN 10 Attachment 5 ': / ' .' / /'- //' '; ~ / ~.-"f :~ ;'" e'. ' / /*' · · ,{ , . ~ ._../ t : t./ / :-' -I~"'~ " , :- :-j t /.', :. ~:.: ...' /~, /It,~ ~ ,,. ii ii! /, ,? ~:,'7---'-<'~J~ u j,...., / : "' / -- ---' .-- .-* ,..e- -- -- L~ ,*...,r ..... ' PROPOSED UTILITY PLAN ll Attachment 6 ,f I I / / pROPOSED TREE PLAN 12 Attachment 7 KATHRYN IRVIN 2707 Hazelwood Avenue Maplewood, Minnesota 55109 612.777.9022 July 15, 1996 Office of Community Development City of Maplewood 1850 East County Road B Maplewood, Minnesota 55109 Attention: Kenneth Roberts-Assistant Planner RE: NEIGHBORHOOD SURVEY FOR PROPOSED DEVELOPMENT PROJECT: HAZELWOOD FOREST AS SUBMITTED JULY 2, 1996, BY O~NER/DEVELOPER MAPLEWOOD DEVELOPMENT OF OAKDALE, MINNESOTA Dear Mr. Roberts: As per our telephone conversation this date, I am sending this letter to you on behalf of my mother, W. H. Stack, who is the property owner of land east of and immediately adjacent to the north 200' of the east property line of the referenced proposed development. This letter outlines certain concerns pertaining to the referenced proposal that we would like addressed by the appropriate regulatories. These matters I also discussed with Tom Extrum-City Planner when I was at your office on Friday morning, July 12, 1996. WATER DRAINAGE: One major concern is that any water drainage design for the proposed development be conceived, designed and constructed so as not to in any way add to or allow water runoff and/or water accumulation to the adjoining lands. We would like assurance that any regulatory approved water diversion and/or water drainage system implemented for this proposed development not in any way interfer with or hinder the future development of any adjoining lands. We believe it to be essential that provisions be made for adequate secure fencing to enclose any existing or proposed water ponding area(s) on the proposed development and/or adjoining lands. THROUGHWAY ROAD: At one time allowance was made for development of a east/west road connecting Kohlman Avenue to the west of the proposed development to Hazelwood Avenue located to the east. We would like to know the status of any future provisions regarding this matter. 13 WILDLIFE HABITAT: Consideration should be given to disruption of the established wildlife habitat on the proposed development area. This area has supported a vast array of wildlife for many years including owl, fox, hawk, deer, rabbit, skunk, squirrel, pheasant, duck, geese and others. We are not opposed to reasonable development, but caution against over-development. The properties within the immediate section of land have been developed over the years while carefully allowing for the continuation of the adjoining wildlife habitat. Now if all, or even some of these same landowners decide to develope their lands on minimum allowable lot sizes, we need to be aware of the impact such action will have on this wildlife. The woods (forest) which will.be a part of the marketing enticement for a development will cease to be.. If we allow one landowner to highly develope, we must, in all fairness, allow all adjacent landowners to likewise develope on minimal or near minimal lot size requirements without their subjection to any additional burdens, encumbrances or issues. Kenneth, these are some of our concerns at this time. We will appreciate the opportunity to discuss any of these issues with the owneF/~eveloper, city planning commission or any regulatory agency. Please feel free to contact me at any time. Very truly yours, Attachment 8 2727 Hazelwood St Maplewood, MN 55109 July 12, 1996 City of Maplewood Office of Community Development 1830 E Co Rd.B Maplewood, MN 55109 RE': Neighborhood Survey ATTN: Kenneth Roberts Letter - July3, 1996 In regards to the proposed Project: HAzelwood Forest I am submitting the following: 1) I object because'that is overdevelopment of the land- too many houses. Unlike the development on Co. Rd. C & Hazelwqod it' does not .adjoin a park, so children in the family would'not have a natural playground to compensate for overcrowded lots without ample play area. 2) I Object because of environmental reasons- it will destroy the habitat of deer, owls and other wildlife which frequent that area. With the building of Hazelridge and the offices on that corner, most of the wildlife has been driven over to 'our woods' and they have been a pleasure to watch. 3) I object because in snowy years our neighbor (Stacks) and ourselves have 'water that stands on our land from drainage from that land; if they put all that blacktop and housing in, it will turn our land into a swamp because.there will not be a place for the water to drain except onto our land. What plans have been made for a ponding-area? I suggest they could build four houses facing "C" and leave the back acres for the wildlife and to absorb all the polution from the over population already and the increased traffic. If this Project is approved we insist that a chain link fence be put .across' our land and also that of our neighbors land that adjoins it and posted with no-trespassing signs, so that it is clear we.do not want to assume responsibility of running a playground. HAZELWOOD FOREST?? We find the name a misnomer because the land doesn't touch Hazelwood, and if they put 21 houses on it, there will not be any forest. We also find it strange that we were not notified of the building project considering 341.4 feet of our land is affected, which is more than either of the neighbors' who have adjoining land. We had .to hear through our neighbor and request a letter before we received one.' Seems to be a strange oversight??? ~" MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Land Use Plan Change - Regnier Property East of Arcade Street, north of Keller Parkway August 19, 1996 INTRODUCTION The city council directed the planning commission and parks and recreation commission to review the purchase of a property for open space. It is a 6.46-acre property east of Arcade Street, north of Keller Parkway. The city approved a driveway agreement and lot split to create the lot around 2870 Arcade Street and this property in 1994. (See the maps on pages 4 and 5.) City staff has negotiated a price of about $78,000 for the 6.46 acres. State law requires that the planning commission advise the council whether proposed public acquisitions follow the comprehensive plan. Maplewood has not shown this site on the land use plan for open space. As such, we have scheduled a public headng to consider changing the land use plan for this area. The changes would be from R-1 (single dwellings) to OS (open space). (See the existing and proposed land use plan maps on pages 6 and 7.) City staff also is proposing to change the land use plan to OS for the Ramsey County open space in the area. BACKGROUND Site History In 1977 a previous property owner (Dick Andersen) built the house at 2870 Arcade Street. On February 13, 1984, the council approved the Gervais Overlook preliminary plat for this site. (See the plat on page 8.) The city then approved eight one-year time extensions. On September 23, 1985, the city approved the final plat for the Frattalone Addition. This plat created four lots for houses and two outlots from the Gervais Overlook preliminary plat. On August 27, 1987, the Frattalones deeded Outlot B to the Andersens to keep access to the existing house. On December 31, 1987, the Andersens deeded the lot with the house and Outlot B to Donald Nelson. Mr. Nelson forfeited Outlot B for taxes. On Apdl 23, 1993, Mr. Regnier took sole title to the property (including the house). On September 27, 1993, the city council ended the Gervais Overlook preliminary plat. On May 23, 1994, the city council approved a driveway agreement and a code variation for a lot division for the property at 2870 Arcade Street. This approval allowed the Regniers to divide the house and 0.75-acre lot at 2870 Arcade Street from the rest of their property. (See the site plan on page 9.) On May 6, 1996, the council considered buying the Regnier property for open space. The council had several questions and concerns that they wanted staff to research before they decide to buy the property. These include the amount of wetland on the site, issues about the driveway for the house at 2870 Arcade Street, access to the Ramsey County open space to the east and access to the property to the east. (See the maps on pages 10 and 11 .) On May 20, 1996, the council directed staff to have an appraisal done and have the planning and parks commissions review the purchase of this site for open space. On May 20, 1996, the parks commission reviewed the proposed purchase of this site for open space. The parks and recreation commission recommended unanimously to the city council that the city not buy this site for open space because: 1. The property was not initially identified as a pdodty for acquisition by the open space' committee. 2. There was limited public benefit due to the property's location in western Maplewood and relatively few homeowners surrounding the parcel. 3. The property has limited development potential due to the extensive wetlands and would probably would remain as open space. Open Space Program On November 2, 1993, the voters approved the open space referendum. This vote authorized the city to sell up to $5 million in general obligation bonds to buy land for open space. The Open Space Committee recommended that the city council consider buying open space from a list of nineteen sites. This list included the fourteen top-rated sites in Maplewood and five additional sites that the committee had rated top in their respective neighborhoods, but not city- wide. Since then, the city has narrowed this list to eight properties. (See the list on page 12 and the map on page 13.) These are the properties that the owners had expressed an interest in selling. The city council authorized the staff to buy eight sites. These include Site 153A (Priory), Site 142 (Frost Avenue and English Street), Site 161B (Kayser), Site 108 (Pearson), Site 116 (Spoon Lake), Site 116(a) (Kuslich), Site 168C (Grandview Addition) and Site 103C (County Road D and Woodlynn). Maplewood has closed on all these sites. (Refer to the memo from Craig Dawson on pages 14 and 15.) DISCUSSION Open Space The Maplewood Open Space Committee did not rank this site out of the 67 they reviewed in 1992. This was because there was a city-approved preliminary plat in effect for the site. However, this site has several advantages: There are wetlands, slopes and trees on and near the site (including Ramsay County open space) that would be protected The property is a good economic value The site could provide year-round recreational opportunities There has been neighborhood interest in preserving the site RECOMMENDATION Adopt the resolution on page 16. This resolution changes the land use plan for the undeveloped area east of Arcade Street and north and west of Kohlman Lane. The change is from R-1 (single dwellings) to OS (open space). The city should make this change because: 1. Maplewood plans to buy this site for open space. 2. The purchase would help preserve a variety of natural features on and near this site, (including Ramsey County open space) including wetlands, slopes and trees. 3. The property is a good economic value. 4. The site could provide year-round recreational opportunities. 5. There has been neighborhood interest in preserving the site. 6. Ramsey County owns several acres in the area for open space. The city shall not make the land use plan change for the city-owned property until after the city closes on the property. p:sec 4/openlan9.mem Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Existing Land Use Map 4. Proposed Land Use Map 5. Previously Approved Gervais Overlook Preliminary Plat 6. 1994 Staff Site Plan 7. Area Wetland Map 8. Maplewood Drainage Plan 9. List of Top-Rated Sites 10. Map of Top-Rated Sites 11. 6-17-96 memo from Craig Dawson 12. Land Use Plan Change Resolution 3 Attachment 1 BEAM VADNAIS H£1GHT COUN*rY RD. D 1. SUMMIT CT. 2. COUNTRYV1EW CIR. 3. DULUTH CT. 4. LYDIA ST. BEAM Lake (J KOHLMAN AVE. ROAD ~ C ~J ,..,J COUNTY , ~.~c,, (~ ~ 2 ALVARADO DR PALM $ BELL~OREST DR 4 DE. AU~LL~ DR CT, 5 IdLrRIDIAN DR Z AVl.. CT. (~ GERVNS A~. ORANDVlEW VIKING SH£RREN AVE. ~ AVE VIKING DR. ~ ~ · 2876 28~,4~' t 2850* --~,-~- '.~ 2840 LITTLE CANADA Il Irill ROAD EASEM PoND Attachment 2 ,401.14 RA P,l&r'/ GOVT. LOT I COUNTY OPEN SPACE GERVAIS LAKE ""7 ' '60 m · mm mmm mm mm mm mm © t ~ REGNIERPROPERTY 5 N Attachment 3 REVISED 10/29/93 1/19/95 7-20-95 4-29-96 County Rd. D Little Canada Vadnais Heights 694 prircipal arterial interch~ minor colleclor minor Collector eam Ave. Rd. C OS -.JL R1 R1 P = ~ARK OS = OPEN SPACE R-1 = SINGLE DWELLINGS I ): #- --* M1 = LIGHT INDUSTRIAL major collector ~,, Gervais '~ AR ' (EXISTING) ~ EA OF PROPOSED CHANGE ~ Attachment 4 REVISED 10/29/93 1/19/95 7-20-95 4-29-96 County Rd. D Little Canada OS Vsclnai$ Heights 694 principal arterial I[/I.1 OS interch~ minor colleclor minor collector Dam Ave. Rd. C OS RI' R1 R-3(M)i P = PARK OS = OPEN SPACE I R-1 = SINGLE DWELLINGS I); M1 = LIGHT INDUSTRIAL major collector Gervais Attachment 5 Applicant's Site sCOW PREVIOUSLY APPROVED PRELIMINARY PLAT (NOW LAPSED) GERVAIS OVERLOOK 8 Attachment 6 -I INC. I / STAFF SITE PLAN N LITTLE CANADA Attachment 7 .WETL SITE WETLAND MAP 10 N Attachment 8 KOHLMAN MAJOR WATERSHED DIVIDE INTERIOR WATERSHED DIVIDES PROPOSED STORM SEWER EXISTING STORM SEWER OPEN CHANNEL STORM WATER STORAGE AREA iNUNDATION AREA STORAGE AREA VOLUME DISCHARGE IN CFS CiTY LIMITS 400 SO0 SCALE :N FEE' LAKE 42" :<';';';':';'>:':' X.>:.:.:.:.;. 1200 I \ / /' MAPLEWOOD DRAINAGE PLAN N 11 Attachment 9 TOP OPEN SPACE SITES FROM THE OPEN SPACE COMMITTEE'S RECOMMENDED OPEN SPACE LIST Open Space Rankin.q (67 Sites) Estimated Cost I $1,205,600 6 City ID~ 153A 151 108 9 159A 9 Property Location-Owner Acres Pdory 39 East of Rice, South of B~Zittel & Oren 19 (Note: Maplewood received a 7-acre conservation easement with the Td-District School on this site) 142 6 English and Frost 24 $808,000 161B 6 South of Linwood Ave., East of Sterling St.- 20* $416,500 Kayser Hazelwood and Beam--Pearson 8 Lower Afton and McKnight - Johnson 25 (Note: The owner is developing this pmperly.) 116 13 Near Spoon Lakc Gonyea & Pillsbury 17 $408,000 116 13 Near Spoon Lake - Kuslich 11 $265,000 103C 57 Between County Road D and Woodlynn 23 $663,000 $4,000,000 (est.) $221,000 * Does not include 8 acres for a neighborhood park 12 156 132 Attachment l0 Ivlaplewood OPEN SPACE Top Rated Areas THE TOP SITES ARE CIRCLED 13 I MEMORANDUM Attachment 11 TO: FROM: DATE: RE: Mike McGuire, City Manager Craig Dawson, Assistant City Manager June 17, 1996 Status of Open Space Acquisitions The following list summarizes the City's acquisition or protection of open space: Site Number ~ Acres Bond Proceeds Used 103C County RoadD/Woodlyn 23 $ 663,800 108 Hazelwood and Beam 7.5 220,000 116 116(a) (Pearson property) N. of Spoon Lake, 17 W. of Cypress St. ((3onyea & Pillsbury props) N. of Keller, W. of Forest 13.4 (Kuslich property) SW English/Frost 24 County Rd. B/Rice 7 (Tri-District School) SW Larpenteur/Century 39 (Priory property) 378,000 258,800 142 808,300 151 0 153A S. of Linwood, E. of Sterling 16 (Kayser property) 2413 East Carver Avenue 13.3 (Grandview Addition) 160.2 Miscellaneous Fees and Charges 16lB 168C (conservation easement) 1,205,600 416,500 120,000 $4,071,000 75.7OO $4,146,700 Balance=S854,300 Status of Open Space Acquisitions June 17, 1996 Page Two Site Number 168B Location/Name Acres 1285 South Sterling Street 13 (Stielow property) Bond Proceeds Use~t $ 155,000 Balance=S699,300 (incl. est. addl. fees) W. of Arcade, N. of Keller (Reg. nier property) 100,000 Balance=S599,300 (incl. est. addl. fees) 15 Attachment 12 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the Director of Community Development proposed a change to the city's land use plan from R-1 (single dwellings) to OS (open space). WHEREAS, this change applies to the property located east of Arcade Street and north and west of Kohlman Lane. WHEREAS, the history of this change is as follows: On September 3, 1996, the planning commission held a public heating. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve the plan amendment. On September 23, 1996, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change for the following reasons: 1. Maplewood plans to buy this site for open space. 2. The purchase would help preserve a variety of natural features on and near this site, (including Ramsey County open space) including wetlands, slopes and trees. 3. The property is a good economic value. 4. The site could provide year-round recreational opportunities. 5. There has been neighborhood interest in preserving the site. 6. Ramsey County owns several acres in the area for open space. The city shall not make the land use plan change for the city-owned property until after the city doses on the property. The Maplewood City Council adopted this resolution on ,1996. 16