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HomeMy WebLinkAbout01/05/20041. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, January 5, 2004, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. November 17, 2003 5. Public Headngs a. Proposed Mixed Use District Comprehensive Plan Amendment Zoning Code Amendment 6. New Business a. Easement Vacation - 2416 Teakwood (Maplewood Engineering Department) b. Planning Commission's Rules of Procedure c. Planning Commission's 2003 Annual Report 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. November 24 Council Meeting: Mr. Pearson b. December 8 Council Meeting: Ms. Monahan-Junek c. December 22 Council Meeting: Mr. Trippler d. January 12 Council Meeting: Mr. Desai e. January 26 Council Meeting: Mr. Mueller 10. Staff Presentations a. Reschedule January 19 Meeting - Martin L. King holiday 11. Adjournment - I DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 17, 2003 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Chairperson Lorraine Fischer Commissioner Tushar Desai Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Present Present Mary Dierich Absent Jackie Monahan-Junek Present Paul Mueller Present Gary Pearson Present William Rossbach Present Dale Trippler Present Staff Present: Chuck Ahl, Public Works Director Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda. Commissioner Trippler seconded. Ayes - Desai, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for November 3, 2003. Commissioner Trippler had a correction on page 4, item e. it should state shall be no vehicle delivery. Commissioner Trippler moved to approve the planning commission minutes for November 3, 2003, with the proposed change. Commissioner Pearson seconded. Ayes- Desai, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler V. PUBLIC HEARING None. Planning Commission Minutes of 11-17-03 -2- VI. NEW BUSINESS a. Home Occupation License - 1900 Sterling Street (Snavely) Mr. Roberts said Ms. Frances Snavely is requesting a home occupation license to start and operate a hair salon in her house at 1900 Sterling Street North. The applicant's business would be cutting, styling, perming and coloring hair of individuals. Ms. Snavely would be using an 8.5- foot by 16-foot room on the first floor of her home as the hair salon. She also would be using a sink in the room for the hair salon. Ms. Snavely lives in the home and would be the only employee in the home occupation. The applicant states that she would receive customer visits between the hours of 9 a.m. and 5 p.m., Monday through Friday, and she expects up to 20 customers per week. Chairperson Fischer asked the applicant to come forward and address the commission. Mr. Roberts said the applicant does not appear to be here tonight. He said because he did not hear any communication from her, he had expected her be present. Chairperson Fischer said this is unusual for the applicant not to appear before the commission. She asked staff if they recommend that the commission table this item until the applicant could be present? Mr. Roberts said that's up to the planning commission members. He said if the commission doesn't feel there is any controversy or problems and they are comfortable with approving this item, then the commission could act on the proposal. Chairperson Fischer asked the planning commission members what their feelings were on this matter? Commissioner Rossbach said he doesn't see any real problem with moving forward with this because he didn't have any questions for the applicant because of the information given in the staff report. Commissioner Pearson said he has no problem moving forward with this especially after reading the responses from the neighborhood. Chairperson Fischer said the applicant answered licensing questions that may have been asked during the questioning of the applicant, therefore, she feels comfortable moving forward with this because of the report and the answers provided. Chairperson Fischer asked the remainder of the planning commission members if they felt comfortable with moving ahead with this proposal? The planning commission members agreed to move ahead with this item. Planning Commission Minutes of 11-17-03 -3- Commissioner Pearson moved to recommend approval of the home occupation license for Ms. Frances Snavely of 1900 Sterling Street North to have a hair salon in her home. This approval shall be subject to the following conditions: 1. Meeting all conditions of the city's home occupation ordinance. This includes that the area of the home occupation is limited in size of 20 percent of the floor area of the house. 2. Customer hours for this home occupation are limited from 9 a.m. to 6 p.m., Monday through Saturday. 3. There shall be no more than 20 customers visiting the home per week. 4. All customers or visitors to the business shall park on the driveway. 5. Provide a five-pound ABC dry chemical fire extinguisher in the room. Commissioner Rossbach seconded. Ayes- Desai, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler The motion passed. This item goes to the city council on December 8, 2003, and Mr. Roberts said he will touch base with the applicant to inform her of the city council meeting and that her attendance is required. Commissioner Trippler asked staff if the letter staff sends to the applicant strongly encourages the applicant to appear before the planning commission? Mr. Roberts said no it does not. The letters the city sends to an applicant regarding the city council meeting states that if the applicant is not present the city council could table the item. Mr. Roberts said the letters should probably be changed to state that the applicant is strongly encouraged to attend the planning commission and the same wording should be used for the community design review board meeting letter as well. b. Sketch Plan Review - Gulden's/Venburg Tire (County Road D and Highway 61) Mr. Chuck Ahl, Maplewood Public Works Director, said sketch plans have been developed for a proposed lot subdivision of the existing Gulden's Restaurant property located at 2999 Highway 61. This property is on the west side of Trunk Highway 61 (TH61) between Beam Avenue and County Road D. The lot subdivision includes the construction of a new automotive repair and tire store for Venburg Tire on the northern portion of the existing Gulden's property. The relocation of Venburg Tire to this site from the east side of TH 61 is proposed as a part of the city's realignment and extension of County Road D east of TH 61. The County Road D project, as approved by the city, requires the acquisition of some or all of the existing Venburg Tire Property. Mr. Ahl said the proposed lot subdivision and new Venburg facility would require city approval of a lot split, a conditional use permit, and setback variances. The city has zoned the Gulden's Restaurant site M-1 (Light Manufacturing). - - Planning Commission Minutes of 11-17-03 -4- Commissioner Desai asked Mr. Ahl about the future R-1 Restaurant, will there be a 350-foot setback from the restaurant? residential property with the Gulden's future R-1 residential parcel to the Mr. Ahl said the code says automotive type uses shall be located 350 feet from any residential property so the 350-foot setback would not apply to the restaurant use. Mr. Ahl said the question for the planning commission is, does the 350-foot setback mean from the current residential property line or is it for the future R-1 residential property line? Commissioner Mueller asked if Venburg Tire was built in that location and someone wanted to build on the future residential R-1 property, how would that property be accessed? Mr. Ahl said the proposed frontage road would provide access to the R-1 portion of the parcel. Commissioner Mueller said he assumes someone owns that property? Mr. Ahl said LaMettry and Mr. Steve McDaniels, the owner of Maplewood Toyota, jointly own the R-1 parcel west of Gulden's Restaurant. Mr. Ahl said there has been a lot of discussion regarding that property. Mr. Ahl said since the start of this study a number of developers have been inquiring about this property in this area. The city has seen the value of property skyrocket since this project has started. The right of way acquisition cost has increased dramatically because of this. From the city standpoint, increased property values are always good for the city, on the other hand, when you are acquiring a right of way from project budgets, it has a negative impact. The existing property owners are very happy to see the price of land going up. Is R-1 the appropriate type of use of that property. Would the city consider some alternate type of use such as a medical office or another type of office use? Commissioner Mueller asked if rezoning a piece of land is a request that comes from the owner or does the city just take that responsibility on? Mr. Ahl said rezoning could be done by the city but typically that is more of a risk taking because the city opens themselves up to property owners. The suggestion is to rezone in cooperation with the landowners. Commissioner Mueller asked what the standard way to measure the 350-foot setback is, is it from the current residential property line or from the future residential property line? Mr. Roberts said without reading the exact code the 350-foot setback is from land that is used or planned for residential use. In this case, the 350-foot setback would apply to the more restrictive interpretation. Chairperson Fischer asked what percentage of developer inquiries were for R-1 and what percentage was for higher densities or other uses? Mr. Ahl said the inquiries that he fielded were for townhomes and a senior townhome development. -. Planning Commission Minutes of 11-17-03 -5- Chairperson Fischer asked if there would be any problem with the setback distances from the residential property and the new westerly parking lot? Mr. Ahl said the 350-foot setback is measured to the building and not to the parking lot. Commissioner Trippler said he thinks the turn lane shown on the plans in exhibit 2 is too short. Because the turn lane is so short it could have the potential to back traffic up if there were several cars waiting to turn. Mr. Ahl said he agrees the turn lane is way too short and should be redesigned to be longer. Chairperson Fischer said in the past she recalled a city engineer stating the city likes to keep the streets at a 5% or 6% grade and she asked if this proposal meets the criteria? Mr. Ahl said yes the city would try to keep these roads at a 5% or less grade because of the volume of traffic. Commissioner Trippler asked if the city should rezone the R-1 property to B-C? Mr. Ahl said if the planning commission thinks that would be appropriate, otherwise that might not be the best thing for the city at this time. Commissioner Rossbach said the city has always used the planned property line for the setback restriction. There are factors here that need to be considered. One of the factors is the topography. The existing residences on Duluth Street are considerably higher than anything on Highway 61. The issue has to do with noise and possible fumes from an automotive business. In the past the city has had restrictions put on businesses such as carwashes to have doors to contain the noise to buffer the residential neighborhoods from the impacts of noise. This is a tire store so there will be fumes and noise from air wrench tools. He thinks a variance could be granted from the existing ordinance because the city doesn't allow an automotive business to be within 350 feet of residential property. The city's normal course of action is for the commercial properties to create as much of a buffer as possible from the residential areas. Having this small parcel of R-1 property in this area allows the city a way to wheel and deal and protect the residential area on Duluth Street. Commissioner Monahan-Junek said she would like to see a landscape buffer plan to see how this area could protect the residential neighborhood by using landscaping as the buffer between commercial and residential. We need to do the best we can as a city to protect the residential area and keeping the open parcel as R-1 and M-1 will help do that. Commissioner Desai said the frontage road will be privately run. He said his concern with the frontage road being privately run and so close to Highway 61 is he sees that people will try to take a short cut and get out onto Highway 61 without having to wait for the stoplights. He sees the traffic in this area as being quite extensive. He asked if it would be better off as a public road rather than a private road? Mr. Ahl said the frontage road has some distinct curves and will have some stop signs, which will slow traffic down and from what the traffic consultants have said they don't believe people will take this frontage road as a shortcut because it will end up taking longer to drive that route. f 1 Planning Commission Minutes of 11-17-03 -6- Chairperson Fischer asked if this site is unique enough to grant a variance due to the topography and location? Mr. Ahl said the city looked at locating the building farther up on the property. From a city staff standpoint the city thinks it's unique enough of a situation to grant a variance for the area. Commissioner Trippler asked assuming someone wanted to put a home in on the R-1 property what is the height difference from the residential homes on Duluth Street and the ground level for the R-1 parcel? Mr. Ahl said the elevation difference is between 30 and 40 feet high for this area. Commissioner Trippler asked Mr. Ahl if it would be his professional opinion that if a resident was concerned about the noise level from Venburg Tire that the noise level would be much higher from the traffic on Highway 617 Mr. Ahl said Highway 61 is extremely noisy in his professional opinion. Mr. Ahl said Mr. McFarlane could describe how Venburg Tire runs and what the noise level is. Chairperson Fischer asked if anyone in the audience wanted to speak regarding this item. Mr. Mike Gengler, owner of Gulden's Restaurant at 2999 Highway 61, residing at 6291 Jasmine Avenue, Grant Township, addressed the commission. Mr. Gengler said he has owned Gulden's Restaurant for almost 14 years now and Gulden's Restaurant will be celebrating its 70th year in business next year. When the proposal for the road came in his concern was that he would not be able keep Gulden's Restaurant in this location. He received his assessments a few months ago and is concerned about the cost. Venburg Tire and Gulden's Restaurant are two family businesses that would like to stay in the vicinity and after the cost of the assessments they will probably not be able to reap the rewards of the land. Mr. Pat McFarlane, owner of Venburg Tire will be a great neighbor and he will enjoy having Venburg Tire as a neighbor. Venburg Tire works different hours of business and will be closed when Gulden's Restaurant is open and at their busiest so they could use the parking lot of Venburg Tire for overflow parking if needed. Mr. Pat McFarlane, owner of Venburg Tire at 2990 Highway 61, residing at 2237 Southwood Drive, White Bear Lake, addressed the commission. He said about two years ago he was checking into purchasing the land and building from his brother in law. It was his brother in law's intention to sell and it was Mr. McFarlane's intention to buy the business so he could pass it onto his two sons that also work in the business. It was determined by structural engineers that Venburg Tire is a functionally obsolete building that would require spending over $300,000 to bring the building up to code. The building is currently sitting on land that he cannot add on to. It is built on 18 feet of fill and a minimum of 3 feet of peat under the fill. With the roadway coming in he would lose a portion of the Venburg Tire building. Both Mr. Ahl and everyone he has had contact with at the City of Maplewood has been fabulous in trying to help Venburg Tire stay on this current site but it just isn't possible. Mr. Gengler came forward and offered some of his land on the Gulden's Restaurant site as an option so Venburg Tire started pursuing that option and then the different zoning and setback issues came up. Planning Commission Minutes of 11-17-03 -7- Mr. McFarlane said Venburg Tire is trying to accommodate the surrounding properties within the area to give them access to the area. They are very concerned with the residents behind the property on Duluth Street. They planned the proposed building so they could direct the bay doors, which is where the mechanical operation will be towards the north. Venburg tire does not do engine work, they only do under car care. They have 3 service bays, which are for the tire operation, which is where most of the noise will come from because of the air tools. OSHA has very strong standards and requirements and they put tremendous pressures on automotive businesses. Venburg Tire has been using biodegradable products for over 15 years and the new building will be built with a heavy emphasis on minimizing environmental impact. Commissioner Mueller said Mr. Ahl said this is going to be a private road. He asked what that means in terms of snow removal and upkeep? Mr. Ahl said the city is placing the requirements on this entire proposal so the landowners will have to have cross easements and access agreements with the adjacent landowners. Included in those agreements will be the procedures for plowing, and making sure that access is allowed at all times. Therefore, the city thinks this roadway is something the public shouldn't be involved in maintaining because the road is necessary for the surrounding businesses to gain access. Commissioner Trippler said he likes the design of this proposal other than the turn lane that he wants to see made longer and safer. He would like to see the applicant provide some buffering both visual and sound barrier buffering in order to allow a variance for a 350-foot setback. We have to assume the open parcel will remain R-1 and we need to provide the proper buffering in case it remains residential. Chairperson Fischer asked if a motion is necessary? Mr. Ahl said no motion is necessary, he will take the comments made by the planning commission and staff will provide direction to the applicant and take this to the city council on November 24, 2003. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS IX. None. COMMISSION PRESENTATIONS a. Ms. Fischer was the planning commission representative at the November 10, 2003, city council meeting. The only planning commission item that was discussed was the Home Occupation License at 1828 Radatz Avenue, which passed 3-2. Planning Commission Minutes of 11-17-03 -8- b. Ms. Monahan-Junek will be the planning commission representative at the November 24, 2003, city council meeting. Items to be discussed will be the Mixed-Use Zoning Ordinance, the CUP for University Auto Sales at 1145 Highway 36 East, and the Proposed Lot Subdivision for Gulden's Restaurant/Venburg Tire Relocation. c. Mr. Pearson will be the planning commission representative at the December 8, 2003, city council meeting. The only planning commission item to be discussed is the Home Occupation License at 1900 Sterling Street North. X. STAFF PRESENTATIONS Note: Just a reminder that the Monday, December 1,2003, Planning Commission Meeting has been rescheduled for Tuesday, December 2, 2003, because of the city council budget hearings. XI. ADJOURNMENT The meeting was adjourned at 8:25 p.m. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: Richard Fursman, City Manager Shann Finwall, Associate Planner Mixed-Use Zoning District and Comprehensive Plan Amendment City of Maplewood Along White Bear Ave., North of Larpenteur Ave. and South of Ripley Ave. December 29, 2003 INTRODUCTION Project Description Staff has been receiving comments and guidance from the planning commission and community design review board on the creation of zoning and design standards for the Hillcrest Village redevelopment area. (Refer to the map of the Hillcrest Village Redevelopment area attached on page 6.) These standards are based on the Metropolitan Council's smart-growth development principles, which are designed to help guide changes in an area to create a village center with an active street life that mixes shops, workplaces, housing, passive recreation and civic uses. Staff has now completed the compilation of the principles in the form of a new zoning district entitled the mixed-use zoning district. The purpose of this zoning district is to provide areas in the City of Maplewood with a mixture of land uses, made mutually compatible through land use controls and high-quality design standards, such as that envisioned by the city for the Hillcrest Village Redevelopment area. Request Maplewood city staff is requesting that the city council approve zoning code and comprehensive plan amendments to create a new zoning distdct entitled the mixed-use zoning district. This new zoning distdct will allow for the mixture of Iow-impact commercial developments along with higher density residential developments. DISCUSSION Timeline In order to implement the smart growth principles in the Hillcrest Village Redevelopment area, several steps and city council actions are required. These include adoption of the mixed-use zoning district, mixed-use comprehensive plan amendment, rezoning, and comprehensive land use map changes. Staff proposes the following timeline for these actions: Janua~ 5,2004 Janua~ 12,2004 Janua~ 26,2004 Februa~ 2,2004 Planning commission review and recommendation of the mixed-use zoning distdct and comprehensive plan amendment (public hearing for comprehensive plan amendment). City council update on mixed-use zoning distdct and proposed timeline for rezoning. City council's first reading of the mixed-use zoning district (public hearing for new zoning district). Planning commission review of Hillcrest area rezoning and comprehensive land use map change (public headng for comprehensive land use map change). February 23, 2004 City council second reading of mixed-use zoning district, approval of comprehensive plan amendment, and Hillcrest area rezoning and comprehensive land use map change (public headng for rezoning). Zoning District Zonin,q District Revisions Staff has made minor revisions to the mixed-use zoning district since the planning commission's last review of the ordinance on October 20, 2003. These revisions are associated with the planning commission's comments and suggestions as well as additional research and rewriting by staff. For easier review of the ordinance, staff has included a draft mixed-use zoning district document on pages 7 - 17. This document reflects staff's notes regarding the ordinance (in italics) as well as changes made since the planning commission's review (underlined or stricken). The planning commission should make a recommendation on this document, which will then be reflected in the form of a resolution for city council approval. The following is a brief summary of expressed concerns or changes to the zoning district since the planning commission's last review (all changes are depicted on the attached document with most changes being self explanatory): Residential/Commercial Uses: Planning Commissioner Fischer questioned how the city could ensure a certain percentage of commercial vs. residential developments within the zoning district. The best control, of course, is for the city to purchase properties and control development on those properties. In addition, staff has three suggestions to ensure an adequate percentage of commercial versus residential developments within a mixed-use area: First, the city could adopt a concept plan for a mixed-use area, as was the case in the city's adoption of the Hillcrest Village Redevelopment plan and will be the case in the near future with upcoming strategic planning for the Gladstone neighborhood. The concept plan depicts where the city envisions commercial or residential uses in a particular area. As the planning commission is aware, Maxfield Research conducted a market study for the Hillcrest Village Redevelopment plan which found that many elements of the plan were feasible, but did not reflect development happening in the same location and manner as the plan, i.e., the study found that residential developments were more feasible initially than many of the commercial developments. Therefore, depending on a concept plan to guide development in a mixed-use area may not be the best alternative. Second, the city could require that a development have a certain percentage of commercial versus residential developments. Patdck Kelly, City Attorney, has indicated that the city could legally require a certain mix of uses within a development. However, this would only be feasible on large parcels of land. In the Hillcrest area there are currently only two combined large parcels of land including the Woodland Hills Church (13 acres) and Junior Achievement (4.65 acres). Therefore, staff does not recommend this alternative. Finally, as pointed out by Planning Commissioner Monahan-Junek, the purpose and intent statement on the mixed-use zoning district specifies clearly that the district is intended to provide areas in the city with a mixture of commercial and residential land uses. Mr. Kelly has indicated also that the purpose and intent statement, along with the concept plan for Hillcrest, would allow the city to guide an adequate percentage of residential versus commercial developments in a mixed-use area. Mixed-Use Zoning/Comp Plan December 29, 2003 Bed and Breakfast Establishments: The planning commission recommended that only bed and breakfasts, not hotels or motels, be permitted within the mixed-use zoning district. Due to this recommendation, staff has included a definition and standards for bed and breakfasts as follows: Bed and breakfast definition - A transient lodging establishment located in a single-family dwelling unit or other approved building in which guest rooms are rented on a nightly basis for periods of less than a week and where at least one meal is offered in connection with the provision of sleeping accommodations only. Standards - 1) bed and breakfast located in a single dwelling residential use is permitted if the bed and breakfast has four or fewer guest rooms and only with a conditional use permit if the bed and breakfast has more than four guest rooms; 2) bed and breakfast located in a nonresidential or mixed-use building is permitted; and 3) bed and breakfast located in a double dwelling, townhouse, or multi-family building is prohibited. All bed and breakfast establishments must meet the number of off-street parking spaces required by city code (one parking space for each rental unit). Hillcrest Property Owner Survey City staff recently submitted the draft mixed-use zoning district to all affected property owners within the Hillcrest area. Of the 47 mailings sent, staff has received six responses back as follows: Dr. Steven Hallstrom, Minnhealth Family Physicians, PA, 1814 No. St. Paul Road, Maplewood, MN 55109: The Hillcrest area is very much in need of a major redevelopment. The area looks very run down and poody kept up. We struggle with our business neighbor, Performance Transmission, in the failure to meet Maplewood city ordinances in terms of storage of materials outside the physical building. We need a fresh redevelopment in order to attract businesses and residential properties. Raleigh P. Nelson, 1 Hill Farm Ct., North Oaks, MN 55129: My business associates and myself have a very poor opinion of the City of Maplewood. In the year 2000, we closed our Burger King Restaurant at 1706 White Bear Avenue. We sold the property to Walgreen's and received an earnest money contract. Walgreen's representative and our attorneys and the architect made many changes on the building and property design to comply with the City of Maplewood's requests. After three council meetings we were defeated. This cost us considerable money and Walgreen's over $30,000. Now since plan changes have been made, there is a new Walgreen's on the corner of White Bear Avenue and Larpenteur. This increases the tax base for St. Paul (it is in St. Paul) and reduces the tax base for Maplewood. I do not believe that the City of Maplewood is business oriented. Sue Q. AIIhiser, 1799 White Bear Avenue N., Maplewood, MN 55109: The proposed rezoning map shows the area up to Hejny Rental. The map we looked at in the meeting did not show the homes on White Bear being affected, only a few at the comer of White Bear and Larpenteur. A lot of good can come from the redevelopment however. Being respectful of the neighborhood, its homes, and type of people here is crucial. For example, no one living in this area now is going to buy a $300,000 condo. Craig Nelson, 1783 White Bear Avenue N., Maplewood, MN 55109: During a telephone conversation with Mr. Nelson, he expressed concern over possible tax increases with a zoning change to his property. He inquired about whose responsibility it would be to remove snow from future sidewalks. He also indicated that he thought the existing angle of North St. Paul Road acts as a traffic-slowing feature and questioned plans for realignment. Mixed-Use Zoning/Comp Plan December 29, 2003 John Mirsch, 1769 White Bear Avenue N., Maplewood, MN 55109: During a telephone conversation with Mr. Mirsch, he questioned whether the City of Maplewood was looking to purchase his property. Samuel S. VanTassel, Senior Real Estate Representative, Marathon Ashland Petroleum (representing Super America): Mr. VanTassers correspondence is attached on page 18. In summary, Marathon Ashland is opposed to any new regulation that would make the Super Amedca station/store a non-conforming use. Comprehensive Plan Amendment The purpose of the Maplewood Comprehensive Plan is to help the public and private sector in planning for physical, social and economic development within the city, while considering surrounding cities and the region. Because of the projected 500,000 people moving to the metro region in the next 20 years, there will be challenges in managing growth in ways that maintain and enhance the region's and the city's quality of life. The Metropolitan Council's smart growth principles are designed to address this growth by developing walkable, mixed-use neighborhoods that take advantage of existing investments in transportation and sewers. The city's implementation of the mixed-use zoning distdct is consistent with regional policies and will help manage the projected growth by enhancing the viability of an area by fostering more residential and employment opportunities. The city must reflect these zoning changes in the comprehensive land use plan. (Refer to the land use section of the comprehensive plan attached on pages 19- 23.) The following italicized text is proposed as an amendment to the plan: Land Use Plan Definitions Mixed Use: The mixed-use land classification allows for a mixture of commercial and residential land uses that will create an urban center with compact, pedestrian-oriented developments. Commercial uses include Iow-impact uses that are compatible and complementary to surrounding residential uses. Residential uses include higher density housing that will help promote the viability of surrounding commercial uses. Nei.qhborhood Land Use Plan Le.qend Mixed Use (Commercial and Residential) Land Uses: MU Mixed-Use Maximum Density of Dwellin.q Units Land Use Designation R-3L R-3M R-3H Mixed-Use People/Gross Acre (approximate) 11.9 13.3 22.8 40.0 Type of Dwelling People/Unit' Planned Maximum Density (Units per ,qross acre) Single Dwelling 2.9 4.1 4.6 6.0 Double Dwellings 2.2 5.4 6.0 15.0 Townhomes 2.2 5.4 6.0 10.4 15.0 Multi-Family/Mixed-Use 2. 0 20. 0 'From the 1990 Census. Mixed-Use Zoning/Comp Plan December 29, 2003 RECOMMENDATION Approve the mixed-use zoning code amendment attached on pages 7 through 17. This amendment will create a new zoning distdct within the City of Maplewood that will allow for the mixture of Iow-impact commercial developments along with higher density residential developments. Approve a comprehensive plan amendment to revise the City of Maplewood's May 2002 Comprehensive Plan as follows (additions are italicized): a. Page 31' Land Use Plan Definitions Mixed Use: The mixed-use land classification allows for a mixture of commercial and residential land uses that will create an urban center with compact, pedestrian-oriented developments. Commercial uses include/ow-impact uses that are compatible and complementary to surrounding residential uses. Residential uses include higher density housing that will help promote the viability of surrounding commercial uses. b. Page 32: Neighborhood Land Use Plan Legend Mixed Use (Commercial and Residential) Land Uses: MU Mixed-Use c. Page 33: Maximum Density of Dwelling Units Land Use Designation People/Gross Acre (approximate) Mixed-Use 40.0 Type of.Dwelling People/Unit' Planned Maximum Density (Units per gross acre) Single Dwelling 2.9 6. 0 Double Dwellings 2.2 15.0 Town homes 2. 2 15. 0 Multi-Family/Mixed-Use 2. 0 20. 0 *From the 1990 Census. P:Mixed-Use\l-5-04 PC Mixed-Use Report Attachment: 2. 3. 4. Hillcrest Area Proposed Rezoning Map Draft Mixed-Use Zoning Distdct Document Marathon Ashland Petroleum November 25, 2003, Letter Land Use Comprehensive Plan Mixed-Use Zoning/Comp Plan December 29, 2003 Attachment 1 'Il ][/llmmmllll Il m I · · · · I · /&md~nm / m '~~~ Hillcrest Area Proposed Rezoning Attachment 2 DRAFT MIXED-USE ZONING DISTRICT December 29, 2003 Italicized text represents author's notes and will not be included in the zoning text amendment. Underlined' or stricken text represents text included or deleted since the Planning Commission's last review. Purpose and Intent: The purpose of the mixed-use zoning distdct is to provide areas in the City of Maplewood with a mixture of land uses, made mutually compatible through land use controls and high- qUality design standards. With this district, the City of Maplewood intends to promote the redevelopment or development of an area into a mixed-use urban center with compact, pedestrian-oriented commercial and residential land uses that are within an easy walk of a major transit stop. The intent of the mixed-use zoning district is to enhance viability within an area and foster more employment and residential opportunities. The placement and treatment of buildings, parking, signage, landscaping, and pedestrian spaces, are essential elements in creating the pedestrian-friendly and livable environment envisioned by the city in a mixed-use area. To ensure these elements are achieved basic design standards are included in the district, ,.,~,i,.~, .... ~.4 ~, ...... .4...~ s.,, the c!~; cc Uses Nonconforming uses: Nonconforming Commercial and Multiple-Family Uses and Structures: Uses and structures that become nonconforming by adoption of the mixed-use zoning district would be covered under the city's existing nonconforming ordinance. In summary, any pre-existing conforming or nonconforming use that would become nonconforming by adoption of the mixed-use zoning district would be allowed to remain until such time as the use of a structure or land is voluntarily abandoned and ceases for a continuous period of one year or more. In addition, the nonconforming use and structure could be expanded or intensified with the city's approval of a conditional use permit. Nonconforming single and double dwellin.q residential uses and structures: Any pre-existing conforming or nonConforming single or double dwellin.q residential use or structure which would become nonconforming by adoption of the mixed-use zoning district may be expanded, extended or intensified so long as such expansion, extension, or intensification would be permitted under the Single-Dwelling Residential District, R-l, or Double-Dwellin.q Residential District, R-2, and/or the mixed-use zoning district. Conditional uses: The city's existing conditional use ordinance states that the city council may issue conditional use permits for the following uses in any zoning district from which they are not permitted and not specifically prohibited: 1) public utility, public service or public building uses; 2) mining; 3) library, community center, state licensed day care or residential program (unless exempted by state law), church, hospital and a helistop as an accessory use to a hospital, any institution of any educational, philanthropic or charitable nature, cemetery, crematory or mausoleum; 4) An off-street parking lot as a principal use in a commercial or industrial zoning district; 5) part of an apartment building for commercial use, intended for the building's residents, such as drugstore, beauty parlor, barbershop, medical office or similar use; 6) planned unit developments; 7) construction of an outlot. Because this ordinance covers all zoning districts, it is important to specifically prohibit uses in this ordinance that would not be compatible in the mixed-use zoning district. Incompatible uses include mining, cemetery, crematory or mausoleum, off-street parking lot as a principal use. In addition, because of the flexible nature of the mixed-use zoning district, planned unit developments, which are designed to relax requirements within a zoning district without the need for a variance, are prohibited within the mixed-use zoning district. Staff has indicated those uses as prohibited in the use table below. Mixed-Use Zoning/Comp Plan December 29, 2003 Type of Use Residential Uses Single-family dwelling Double dwelling Multiple dwelling Secondary dwelling Mixed Commercial-Residential Uses Multiple-dwelling residential and commercial Live-work unit Commercial Uses Adult uses and sexually oriented businesses Antennas which are freestanding and not located on existing structures Bakery/candy shop/catering, which produces goods for on-premise retail sale Bank, credit union Hetet/metel/Bed and breakfast ~ Cemetery, crematory or mausoleum Clinic, medical or health related Clinic, veterinary Currency exchange business Drive-through sales and services Ddve-up food or beverage window Dry cleaning and laundry pick up station Dry cleaning plant Exterior storage, display, sale or distribution of goods or materials Health/sports club Indoor recreation Indoor theater Laundry Limited production and processing Maintenance garage Major motor fuel station Mining Minor motor fuel station Motor vehicle wash Office Off-street parking as a principal use Off-sale liquor business On-sale liquor business Pawnbroker Planned Unit Development Publishing, photocopying, or pdnting establishment Restaurant Retail Small appliance and electronic component or equipment repair Accessory use customarily incidental to any of the above uses Permitted (P) Conditional Use Permit (CUP) Prohibited (PR) P P P CUP PR pR2 P P/CUP/PR3 PR P p/pR4 PR PR PR P p/pR5 PR P P P P P/CUPs PR PR PR CUP7 PR P PR pa pS PR PR P P P P P Mixed-Use Zoning/Comp Plan December 29, 2003 The city shall allow commercial uses similar to the above if they would not create a nuisance and if they are not noxious or hazardous. The city council shall review uses that are not clearly similar for determination of compatibility. ~Live-work units are a permitted use in the mixed-use zoning district if they meet all standards and conditions as defined in the live-work definition. Live-work units do not require a home occupation license as specified in Section 14-56. 2AIl other antenna requirements as specified in Article Xl (Commercial Use Antennas and Towers) shall apply. 3Bed and breakfast establishments are allowed as follows: 1) sin,qle dwellin,q residential: permitted if the bed and breakfast has four or fewer ,quest rooms and as a conditional use permit if the bed and breakfast has more than four .quest rooms; 2) nonresidential or mixed-use buildin.q: permitted; 3) double dwellin.q, townhouse, or multi-family: prohibited. All bed and breakfast establishments must meet the required number of off-street parkin.q spaces as specified in Section 44-17 [off-street parkinq]. *Veterinary clinic with exterior kennels are a prohibited use in the mixed-use zoning district. SA dry cleaning plant is a permitted use in the mixed-use zoning district only if located within a commercial- only building. A dry cleaning plant is a prohibited use in the mixed-use zoning district if located within a mixed-use building (i.e., residential and commercial). 6Limited production and processing is a conditional use in the mixed-use zoning district only if such use has more than five thousand (5,000) square feet of gross floor area, in which case total floor area shall not exceed ten-thousand (10,000)square feet. 7A minor motor fuel station is a conditional use in the mixed-use zoning district subject to the following: All parts of the minor motor fuel station shall be at least 100 feet from any residential use within the mixed-use zoning district, including mixed-use buildings that comprise at least 50 peroent residential uses. All parts of the minor motor fuel station shall be at least 350 feet from any non-mixed-use residentially zoned land. All new or replacement underground fuel storage tanks shall meet the standards of state statutes and the standards of the state pollution control agency. Such tanks shall also have a UL listing appropriate for their use. In addition, installation plans shall be submitted to the state fire marshal's office for approval. There shall be leak detection equipment on all new and existing tanks according to U.S. Environmental Protection Agency (EPA) schedule deadlines. Leak detection facilities shall include electronic (in tank) monitoring equipment as well as manual daily measurement and recording of tank levels. Records of daily tank levels, fuel purohases, and fuel sales shall always be available on site for inspection by the fire marshal. SAil alcoholic beverage licensing requirements apply as specified in Chapter 6 (Alcoholic Beverages). Use definitions: Bed and breakfast: A transient od.qin.q establishment located in a sin.qle-family dwellin,q unit or other approved buildinR in which .quest rooms are rented on a niRhtly basis for periods of less than a week and where at least one meal is offered in connection with the provision of sleepin.q accommodations only. Drive-through sales and service: An opening in the wall of a building designed and intended to be used to provide sales and/or service to patrons who remain in their vehicles. Mixed-Use Zoning/Comp Plan December 29, 2003 Drive-up food or beverage window: An opening in the wall of a building or restaurant designed and intended to be used to provide food and/or beverage sales, and/or food and/or beverage service to patrons who remain in their vehicles. (This is already defined in the BC-M Zoning District.) Dry cleaning pick up station: An establishment or business maintained for the pickup and delivery of dry cleaning without the maintenance or operation of any dry cleaning equipment or machinery on the premises. Dry cleaning plant: An establishment or business maintained for cleaning clothing or other fabrics by immersion and agitation, or by immersions only, in volatile solvents including, but not limited to, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto. Laundry: An establishment or business where patrons wash and dry clothing or other fabrics in machines operated by the patron. Limited production and processing: These uses produce minimal off-site impacts due to their limited nature and scale, are compatible with commercial and residential uses, and may include wholesale and off- premise sales. Odors, noise, vibration, glare and other potential side effects of manufacturing processes shall not be discemable beyond the property line or to other tenants located in a building. Limited production and processing includes, but is not limited to, the production, processing, repair or service of the following: 2. 3. 4. 5. 7. 8. 9. 10. 11. i2. 13. 14. Apparel and other finished products made from fabrics. Computers and accessories, including circuit boards and software. Electronic products, components, assemblies and accessories. Film, video and audio production. Food and beverage products, except no live slaughter, grain milling, cereal, vegetable oil or vinegar processing. Jewelry watches and clocks. Milk, ice cream and confections. Musical instruments. Novelty items, pens, pencils and buttons. Precision dental, medical and optical goods. Signs, including electdc and neon signs and advertising displays. Toys. Wood crafting and carving. Wood furniture and upholstery. Live-work unit: A dwelling unit in combination with a shop, office, studio, or other workspace within the same unit, where the resident occupant both lives and works. Standards and conditions for these shall include: The workspace component must be located on the first floor or basement of the building, with an entrance facing the primary abutting street. The dwelling unit component must be located above or behind the workspace and maintain a separate entrance !oc--.tcd c,-. thc frc.",t c: c!dc f3~'.:dc :.-.d b~ accessible from the primary abutting street. The office or business component of the unit shall not exceed thirty percent (30%) of the total gross floor area of the principal dwelling unit and shall meet all building code requirements. A total of two (2) off-street parking spaces shall be provided for a live-work unit, located to the rear of the unit, or underground/enclosed (including attached or detached garage parking spaces). The size and nature of the workspace unit shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit would require the building to be classified as a mixed-use building and will require different construction standards. Mixed-Use Zoning/Comp Plan December 29, 2003 The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retail associated with fine arts or crafts. The business component shall be limited to those uses otherwise permitted in the distdct that do not require a separation from residentially zoned or occupied property, or other protected use. It may not include a wholesale business, manufacturing business, commercial food service requiring a license, limousine business, or motor vehicle service or repai[ for any vehicles other than those registered to residents of the property. Si.qna.qe for a live-work unit is restricted to one (1), twenty-five (25) square foot si.qn and must not be internally illuminated. Maintenance garage: A building for the maintenance or repair of motor vehicles. This definition does not include a motor vehicle accessory installation center or motor vehicle wash. (This is already defined in the definition section of the zoning code.) Major motor fuel station: A retail business engaged in the sale of motor vehicle fuels that has more than three (3) dispensers. (This is already defined in the definition section of the zoning code.) Minor motor fuel station: A retail business engaged in the sale of motor vehicle fuels with a maximum of three (3) dispensers. Fuel dispensers shall be designed to serve only two cars at once. (This is already defined in the definition section of the zoning code.) Motor vehicle wash: A building for washing motor vehicles. This definition does not include the occasional hand washing of vehicles stored in a parking garage. (This is already defined in the definition section of the zoning code.) Secondary dwelling: An additional dwelling unit located within and subordinate to the principal dwelling on a single-dwelling lot, designed for a single occupant or small family. Standards and conditions for such a unit shall include the following: 1. A secondary dwelling unit shall be located within a single-family dwelling or above its accessory structure. 2. In the case of an addition to an existing structure, the exterior finish, roof pitch, windows, eaves and other architectural features must be the same or visually compatible with those of the original building. 3. The additional dwelling unit may not contain more than thirty percent (30%) of the principal dwelling's total floor area or eight hundred (800) square feet, whichever is less. 4. There shall be no more than two (2) dwelling units on a lot. 5. At least one (1) dwelling unit on the lot shall be owner-occupied. Dimensional Standards Maximum density: The density of the mixed-use zoning district shall not exceed the maximum density permitted by the land use classification and people per unit designated in the city's adopted comprehensive plan. Density bonuses are allowed per Section 44-300. In addition, the net acreage for calculating density may be increased by three hundred (300) square feet for each affordable dwelling unit, as defined by the Metropolitan Council guidelines. (The allowable densities are also listed in the table below for information purposes only and will not be included in the zoning district.) Mixed-Use Zoning/Comp Plan 11 December 29, 2003 T T · ¥ I Building Type Single dwelling Double dwelling/ townhouse Lot Size Per Unit Density (Square Feet) Height (Feet) 6 units/acre 7,260 351 1 5 units/acre32-r9~34 35~ Structure Setbacks (Feet) Front Side Rear 20 to 25 52 152 20 to 25 52 152 Residential garage n/a accessed from alley Residential garage not n/a accessed from alley Multiple dwelling Mixed-use/residential and commercial Commercial/including n/a structure parking n/a Per Section n/a 5 '0 to 6 44-114 n/a Per Section 20 to 25 5 5 44-114 20 units/acre3 2, ! 78 P,/a35~ 0 to 20 04 04 20 units/acre~ 2,! 78 n/a 0 to 10 04 04 n/a n/a 0to 10 04 04 ~No single dwelling, double dwelling, townhouse or mu ti-dwelling building shall exceed a height of thirty- five (35) feet, or three stodes, unless the city council approves a conditional use permit. 2When a mixed-use zoned single or double dwe ling/townhouse adioins a single or double dwelling residential zoning district, the side and rear yard setbacks of the adjacent single or double dwelling residential zoning distdct shall apply, or a side yard setback of ten (10) feet and a rear yard setback of twenty (20) feet, whichever is greater. 3Density bonuses are allowed per Section 44-300. In addition, the net acreage for calculating density may be increased by three hundred (300) square feet for each affordable dwelling unit, as defined by the Metropolitan Council guidelines. 4'l'he zero (0) setback specified above is allowed except as otherwise specified in the building code. Side and rear yard setbacks of at least six (6) feet shall be required when a mixed-use zoned, commercial, mixed-use (residential and commercial), or multi-family m~es~e,~i~ use adjoins a mixed-use zoned, single or double dwelling/townhouse residential use. Side and rear yard setbacks shall be as specified in Section 44-20 (c)(6)(b) [additional design standards] when a mixed-use zoned, commercial, mixed-use (residential and commercial), or multi-family ~ use adjoins a single or double dwelling residential zoning district. Off-Street Parking Section 44-17 [off-street parking] of the city code applies in the mixed-use zoning district unless specified differently below. Placement of surface parking within the mixed-use zoning district must meet the following: Surface parking must be located to the rear of a principal building, or an interior side yard if parking in the rear is impractical. Surface parking must maintain a ten-foot (10') setback to the street right-of-way when constructed on the side or rear of a building on a corner lot. Surface parking must maintain a five-foot (5') side and five-foot (5') rear yard setback, unless the surface parking 3 ncnm~!'~,'~,,:=! use adjoins a single or double dwelling residential zoning distdct nc,-, mi×ed use ---cn~d, res!dent!=! use, in which case the required setback as specified in Section 44-19(a) [landscaping and screening]. Mixed-Use Zoning/Comp Plan December 29, 2003 The city may approve variances to the surface parking placement standard if a building has special needs and site constraints. In these cases, there should be good pedestrian connections between the sidewalk and building entrance, and the area in front of the parking lot should be well landscaped. Amount of parking: o The minimum amount of required parking spaces shall be as specified in Section 44-17 [off-street parking]. The maximum amount of surface parking spaces shall not exceed the specified minimum by more than ten percent (10%), or two (2) spaces, whichever is greater. If additional parking is desired, it must be placed underground, within an enclosed building, or in a tuck-under garage. On-street parking located in front of a development may count toward the required number of parking spaces. For retail, medical, service and office uses, if a transit shelter is provided on site, then the minimum required number of parking spaces may be reduced by five percent (5%), but not to exceed five (5) parking spaces total. For retail, medical, service and office uses, required parking may be reduced by the establishment of a parking district for the purposes of shadng .parking within one shopping area (i.e., varying peak parking hours or availability of off-street public parking). The establishment of a commercial parking distdct to allow a reduction in parking required shall be subject to review and approval by the community design review board during the development's initial site plan review or subsequent site plan changes. Retail, medical, service and office uses may participate in a shared parking agreement provided that it can be demonstrated that there will be adequate parking in combination with the other uses. In addition to the above-referenced allowances for parking reduction, the city council may authorize other reduced off-street parking requests through a special agreement. The reduction must be based on proven parking data for a specific development. Parking space size: 90-degree parking: 9 feet x 18 feet 45-degree parking: 8.5 feet x 18 feet Parallel parking: 8 feet x 21 feet Design Standards Section 44-20 [additional desiqn standards] of the city code applies to the mixed-use zonin.q district unless specified differently below. Awnings: Awnings must be properly maintained, and if in poor repair must be repaired or replaced in a timely manner. Metal awnings are prohibited di~ unless the design of the awning is compatible with the building, as determined by the director of community development (if the awnings require administrative review) or the community design review board (if the awnings require design review). Awninqs may extend up to five (5) feet out over the public sidewalk, where approved by the city. Commercial/mixed-use building fac,,,ade: Any exterior building wall, except for single, double, or townhouse residential buildings, adjacent to or visible from a public street or public open space may not exceed forty (40) feet in width. New buildings of more than forty (40) feet in width are allowed if the building wall is divided into smaller increments, between twenty (20) and forty (40) feet in width, through articulation of the fac,,,ade. This can be achieved through combinations of the following techniques, and others that may meet the objective: 1. Fa(;ade modulation - stepping back or extending forward a portion of the fa(;ade. 2. Vertical divisions - using different textures or materials (although materials should be drawn from a common palette). 3. Division into storefronts, with separate display windows and entrances. 13 December 29, 2003 Mixed-Use Zoning/Comp Plan I 4. Variation in rooflines by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. 5. Arcades, awnings, window bays, arched windows and balconies. Exterior building materials: Exterior-building materials shall be classified primary, secondary, or accent material. Primary materials shall cover at least sixty percent (60%) of all fa(;ades of a building. Secondary materials may cover no more than thirty percent (30%) of all facades of a building. Accent materials may include door and window frames, lintels, cornices, and other minor elements, and may cover no more than ten percent (10%) of all far,,ades of a building. Allowable materials are as follows: 1. Primary exterior building materials may be brick, stone, or glass. Bronze-tinted or mirror glass are prohibited as exterior materials. 2. Secondary exterior building materials may be decorative block or stucco. 3. Synthetic stucco may be permitted as a secondary material on upper floors only. 4. Accent materials may be wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage. 5. All primary and secondary materials shall be integrally colored with no painted materials. Fences: Fences over four (4) feet in height are prohibited in all front yards, except as required for storage/service/loading as specified below. First floor heiqht: The first floor of commercial or mixed-use (residential and commercial) buildings shall be desiqned with a minimum ceiling height of twelve (12) feet. Matedal change: The front facade building material changes shall not occur at external corners (toward a public street or public open space), but may occur at reverse or interior comers or as a return at least six (6) feet from external comers. Mixed-use building remodeling/additions/alterations: Remodeling, additions or other alterations to mixed- use buildings (buildings previously approved and built with mixed-use design standards) shall be done in a manner that is compatible with the original building. Original materials shall be retained and preserved to the extent possible. Model variety: Each single-dwelling or double dwelling development of one hundred (100) or more units must have at least four (4) models with three (3) elevations and material treatments each. For single- dwelling or double dwelling developments of less than one hundred (100) units, at least three (3) models with three (3) variations each are required. No street block should have more than two (2) consecutive single-dwelling houses with the same house model. Nonconforming buildings: Additions to nonconforming buildings (buildings built before mixed-use design standards) must be constructed with materials required by this ordinance if the addition exceeds twenty-five percent (25%) of the floor area. Exterior remodeling or alterations to a nonconforming building must be constructed with materials required by this ordinance. The director of community development, if the extedor remodeling or alteration requires administrative review, or the community design review board, if the exterior remodeling or alteration requires design review, may authorize the use of other materials if the addition, remodeling, or alteration is deemed to be minor in nature and not visible from a public street. One-story buildings: One-story buildings taller than eighteen (18) feet in height shall be architecturally detailed to simulate a two-story appearance. Parks/playgrounds: The city may require that a reasonable portion of any proposed subdivision or development be dedicated to the public or preserved for public use as parks, playgrounds, trails or open space. Pedestrian access: Each ground floor space with street frontage shall have its primary entrance on the public sidewalk. Additional entrances may be provided off of a parking area or an access corridor. Mixed-Use Zoning/Comp Plan December 29, 2003 Porches and entdes: Porches, steps, pent roofs, roof overhangs, and hooded front doors or similar architectural elements shall be used to define all primary residential entrances. Decks shall be prohibited on all primary residential entrances. Front porches must have a minimum depth of six (6) feet clear. Porches may extend six (6) feet into the required setback in the .mixed-use zoning district. (The existing definition for front yard setback in the city's zoning code will also apply in the mixed-use zoning district. This definition states in part: "The front yard setback shall also include sidewalks, steps, ramps or at-grade patios that have no walls, solid fence or roof." Therefore, these items can extend into the required front yard setback also.) Residential garages: Single or double dwelling/townhouse garages must be attached and recessed from the pdmary front fac,,ade (not including porches, bay windows, or other minor projections) by a minimum of eight (8) feet; or attached or detached, placed in the rear yard, and accessed by either an alley or a side- yard driveway. Storage/service/loading: If an outdoor storage, service, or loading area is visible from adjacent residential uses, or a street or walkway; it shall be screened by a decorative fence, wall, or screen of plant material at least six (6) feet in height. Fences and walls shall be architecturally compatible with the primary structure. Windows: Buildings containing office and retail uses shall maintain forty percent (40%) minimum window coverage on the first floor that faces a street or public open space. These windows shall extend to a minimum of two (2) feet to street elevation. Exceptions and Appeals to Design Standards: Exceptions: The community development director (if administrative review is required) or the community design review board (if design review is required) may consider exceptions to the above-mentioned design standards if they uphold the integrity of the guidelines and result in an attractive, cohesive development design as intended by this ordinance. Appeals: Appeals to the approved desi.qn conditions for a buildinq or development are permitted as specified in Section 2-285 (approval of plans). Landscaping Section 44-19 [landscapin.q and screeninq] of the city code applies in the mixed-use zonin.q district unless specified differently below. Landscape definition: Over story tree Large deciduous shade-producing tree with a mature height over thirty (30) feet. Landscape requirements: All areas of land not occupied by buildings, parking, driveways, sidewalks, or other hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery, and trees. Hard surfaced public areas, including sidewalks and patios, must include amenities such as benches and planters. For pa~in~ lots consistin~ of ~enW (20) or mom spaces, interior landscape islands am required. Intedor landscape islands shall be at a rote of one (1) landscape island for evew ten (10) parkin~ spaces. Lands~pin~ areas Io~ted alonq the perimeter of a parkin~ lot beyond the cu~ or edge of pavement shall not be includ~ toward satis~in~ this requirement. Landscape islands shall be a minimum of one hundred and fo~-four (1~) square feet in area and shall be a minimum of eight Mixed-Use Zoning/Comp Plan 15 December 29, 2003 [ r ! ¥ I (8) feet in width, as measured from back of curb to back of curb. The landscape islands shall be improved as follows: One (1) over story tree with a trunk size a minimum of two and one-half (2-1/2) inches in caliper shall be provided for every landscape island. b_. A minimum of fifty percent (50%) of every landscape island shall be planted with an approved ,qroundcover in the appropriate density to achieve complete cover within two (2) years. Mulch may only be used around the base of the plant material to retain moisture. Perimeter landscape or pedestrian walls are required for all parking lots and shall be established along the right-of-way and edges of the parking lot. The landscape treatment or pedestrian wall shall run the full length of the parking lot and be located between the property line and the ed,qe of the parking lot as follows: a. Perimeter parking lot landscaping adjacent the riqht-of-way shall be at least ten (10) feet in width, as measured from the d,qht-of-way line to the back of curb. b. The primary plant materials used in perimeter parking lot landscaping adjacent the right-of- way shall be over story trees. Ornamental trees, shrubs, hedqes and other plant materials may be used to supplement the over story trees, but shall not be the sole contribution to such landscaping. c. Perimeter parkin,q lot landscapin,q along the rear and sides of a parking lot (not adjacent the ri,qht-of-way) shall be planted with a minimum of fifty percent (50%) qroundcover approved by the city to achieve complete cover within two (2) years. Mulch may only be used around the base of the plant material to retain moisture. d. In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian wall along the perimeter of the parking lot may be constructed. The pedestrian wall is limited to four (4) feet in height, must be at least eighty percent (80%) opaque, and must be architecturally compatible to the principal building or development. Over story trees are required at regular intervals within the street right-of-way to help define the street edge, to buffer pedestrians from vehicles, and to provide shade. The over story trees shall be located in a planting stdp at least five (5) feet wide between curb and sidewalk, or in a planting structure of design acceptable to the city. Lighting All outdoor lighting to be of a design and size compatible with the building, and as specified in Section 44- 19(c)(1) [outdoor lighting], except that light pole height maximum is limited to sixteen (16) feet. Signs Article III [si,qn regulations] of the city code applies to the mixed-use zonin,q district unless specified differently below. Sign review: The community design review board shall review all signage on new buildings or developments to ensure that the signs meet-mixed-use sign requirements and are amhitecturally compatible with the new building or development. In addition, the community design review board shall review all comprehensive sign plans as required in Section 44-736 [comprehensive sign plan]. All signage on existing buildings or developments (buildings or developments previously approved and built with mixed-use design standards) shall be reviewed by the community development director and shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. All signage on nonconforming buildings or developments (buildings or developments not built with mixed-use design standards) shall be reviewed by the director of community development and shall comply with the mixed-use sign requirements. Overall wall and projecting signage: Allowable area of overall wall and projecting signage for each establishment is one and one-half (1 ~) square feet of signage per lineal foot of building or frontage on a street, public open space, or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be calculated individually and sign area may not be transferred to another side of the building. Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the building as Mixed-Use Zoning/Comp Plan December 29, 2003 long as they do not exceed the requirements above. Wall and projecting signs shall not cover windows or architectural tdm and detail. Projecting signs: Projecting signs are allowed as part of the overall signage. Projecting signs may not extend more than four (4) feet over a public right-of-way, and must not project out further than the sign's height. Freestanding signS: One (1) freestanding sign for each establishment is allowed if the building is set back .at least twenty (20) feet or more from the street right-of-way. Freestanding signs must meet the following requirements: 2. 3. 4. Limited to six (6) feet in height and forty (40) square feet in area. Maintain a five-foot (5') setback from any side or rear property line, but can be constructed up to the front property line. Must consist of a base constructed of materials and design features similar to those of the front fac,,ade of the building or development. Must be landscaped with flowers or shrubbery. Prohibited signs: Signs painted directly on the wall of a building; reader boards located in permanent signage, except for reader boards advertising gasoline prices at minor motor vehicle stations; signs which advertise a product and not a specific business. Nonconforming signs: Signs that become nonconforming by adoption of the mixed-use zoning distdct would be covered under the city's existing nonconforming ordinance. In summary, any pre-existing conforming or nonconforming sign that would become nonconforming by adoption of the mixed-use zoning district would be allowed to remain until such time as the sign is destroyed or removed. In addition, the sign may be refaced to the existing size, but may not be expanded without a variance. Subdivision Chapter 34 [subdivisions] of the city code applies to the mixed-use zonin,q distdct unless specified differently below. Blocks: Maximum block length of six hundred (600) feet. Right-of-way width: Subject to discretion of the director of public works and approval by the city council. Street pavement widths: Subject to discretion of the director of public works and approval by the city council. Alleys: Interconnected streets and alleys are strongly encouraged within the mixed-use zoning district. Alley right-of-way and pavement widths must be adequate for the following: vehicle passing, vehicle loading and unlOading, and storage of snow. Alley right-of-way and pavement widths aresubject to.the discretion of the director of public works and approval by the city council. Cul-de-sacs: Cul-de-sacs are prohibited disc:,eara~ within the mixed-use zoning district. Sidewalks: Sidewalks are required on both sides of streets. Mixed-Use Zoning/Comp Plan December 29, 2003 November 25, 2003 Ms. Shann Finwall .. Associate Planner City of Maplewood 1830 E. County Road B Maplewood, MN 55109-2_797 Dear Ms. Finwall, Madcal~ng - Real Estam Attachment 3 MARATHON ASHLAND htroleum LLC 2060 Cenh'e PoinlG Blvd., Suil~ 1 Menc~ta Heighls, MN 55120 Telephone 651/45~-77'76 ~t. 214 Fax 651/A;S4-875~ tnterne~ We received your letter that outlines a proposed mixed.use zoning district for the Hillcrest Area of Maplewood? .We have several concerns regarding the proposal that would make our new station/store non-conformk~ SuperAmerica has occupied this comer for approximately forty years. SuperArnerica has an aggressive program of reinvesting in ou~:_facilities ancl the neighborhoods they serve. To that end, SuperAmerica razed and c~mpletely rebuilt our station/store located at 1750 White Bear Avenue. The store-r.e~;~ened in February 2001. SuperAmerica's investment was $1,600,000 to rebuild this store. SuperAmerica did not ask nor obtain any financial assistance from the City. SuperAmerica made this substantial investment as a vote of confidence in the neighborhood it serves. The proposed mixed-use zoning district would make our station/store non-conforming in several respects, Our station/store has six petroleum dispensers that would classify it as a major fuel station, A major fuel station would be prohibited in the proposed zoning district. Display or sale of goods or materials would also be prohibited. The additional dispensers and outside displays are a vital part of our business. If SuperAmerica had been limited by the restrictions of the proposed zoning district, SuperAmerica would have not made the investment in rebuilding the store. In our case, the proposed zoning district would not have fostered new investment it would have prohibited it. Super,america is very pleased with our new store. Our customers have told us how much they like '~l~eir" new store. I expect the policy makers of Maplewood would see the benefit of this new facility. SuperAmerica is ~opl~osed to any new regulation that would make the station~store a non-conforming use. CIM Senior Real Estate Representative 18 T r I T I Attachment 4 LAND USE PLAN The City land use plan: · Incorporates the goals and policies in the Comprehensive Plan into a spatial arrangement of land use patterns. · Implements the neighborhood planning concept. · Considers the existing land use pattern, the topography and physical features of the community. · Coordinates and relates the City's major street plan with the land use plan. · Includes the community facilities necessary to serve the planned land uses, · Plans residential uses as the major land use within the City. · Provides enough area for commercial development to accommodate the population. NEIGHBORHOOD PLANNING CONCEPT The Plan identifies 13 neighborhood planning areas. However, Maplewood has planned each neighborhood to fit into the community-wide plan for the city. The City has planned its neighborhoods because of: The need to recognize the physical impediments, such as freeways, lakes, railroads and political boundaries, which delineate areas of the city. · The need to strengthen citizen identity with their neighborhood. The need to provide a focal point for bringing people together to discuss local problems of mutual concern and thereby develop stronger citizen involvement in community affairs. In applying the neighborhood planning concept to the City, Maplewood used the following guidelines: Streets: The neighborhood planning areas, where possible, are bounded by major streets which move traffic around, instead of through the neighborhood. Parks: Neighborhoods include parks that the City has designed to meet the needs of the particular neighborhood. 19 City of Maplewood May 2002 Comprehensive Plan Schools: School sites have been combined with the neighborhood recreation area, whenever possible, to provide a focal point for the neighborhood. Commercial: Commercial uses are generally at the edge of residential neighborhoods or at the intersection of arterial streets. LAND USE PLAN DEFINITIONS Most of the land use plan categories generally coordinate'with the City's zoning categories. The uses permitted in these land use categories are the same as those in the corresponding zoning district. However, the land use plan designation(s) on the map must be consistent with the approved land use(s). There is a list of categories in Table 4 on page 32. The City and developers also may use planned unit developments (PUDs) when proposing or reviewing.developments. The proposed land use(s) in a PUD must be consistent With the Land Use Plan. The City may require a PUD in areas of significant natural features, difficult topography or transition areas between largely different zoning districts. RESIDENTIAL LAND USES The Land Use Plan has ten residential classifications. The main difference between the single-dwelling classifications is the minimum lot sizes allowed. The difference among the three multiple-dwelling classifications is the maximum allowed density. Table 5 (on page 33) shows the maximum number of people per gross acre allowed. Gross acreage is the total area of the lot to be developed, including streets and drainage areas. Table 5 also shows the number of people per unit that the City uses in converting the people per gross acre to units per gross acre. If someone wants to know how many units of a certain type of dwelling they can build, they should use Table 5. Low-density areas are usually for single dwellings. The City may allow an occasional double dwelling in Iow-density areas. Double dwellings, however, should be on high-volume streets at the periphery of single-dwelling neighborhoods. The City also may allow multiple dwellings in Iow-density areas with a planned unit development if: 1. Clustering buildings would preserve significant natural features, such as woods, wetlands or steep slopes. 2. The buildings are of a scale, design and location that are compatible with adjacent development. Medium-density areas are for small-lot single dwellings, manufactured home parks and multiple dwellings. These areas usually abut single dwellings or are 2O City of Maplewood May 2002 Comprehensive Plan ¥ -I · T I in neighborhoods where higher density would cause traffic or other problems for surrounding development or City facilities. High-density residential is for a vadety of multiple dwellings where a higher density will not adversely affect surrounding development. COMMERCIAL LAND USES There are five commercial land use classifications: Limited Business Commercial (LBC), This classification includes officesl medical clinics, and child care facilities. This classification is intended for commercial areas adjacent to residential uses. Neighborhood Commercial Center (NC). This classification is intended for businesses, that are comPatible with adjacent residential neighborhoods. Uses are limited to offices and smaller retail uses that cater to convenience shopping. Commercial Office (CO). The commemial office classification provides areas for offices and related uses together with supportive, Iow-intensity commercial uses. These areas should be close to residential areas so they can conveniently serve the public. These areas should be on heavily traveled streets or adjacent to commercial or industrial districts, to lessen their impact on residential areas. Business Commercial - Modified (BC-M). The City intends this classification as a transition between more intensive commercial uses and Iow or medium-density residential areas. Business Commercial (BC). This commercial classification includes a wide variety of commercial uses. The city may allow high-intensity uses, such as fast-food restaurants, motor fuel stations and vehicle maintenance shops, subject to specific performance guidelines. INDUSTRIAL LAND USES There are two industrial land use classifications: Light Manufacturing (M-I). This classification includes warehouses, wholesale businesses, offices, cartage and express facilities, radio and television stations and other industrial uses of a lower-intensity nature. Heavy Manufacturing (M-2). This classification includes higher-intensity manufacturing and industrial uses. 3M has the only M-2 land in Maplewood. City of Maplewood May 2002 Comprehensive Plan TABLE 4 ! NEIGHBORHOOD I~ND USE PlaN LEGEND Residential Land Uses RE-40 RE-30 RE-20 R-1 R-1S R-2 R-3L R-3M R-3H Residential Estate (40,000-square-foot lot areas) Residential Estate (30,000-square-foot lot areas) Residential Estate (20,000-square-foot lot areas) Single Dwelling (10,000-square-foot lot areas) Single Dwelling (7,500-square-foot lot areas) - Single and Double Dwellings Multiple Dwellings (4.4 - 6.3 units/acre) Multiple Dwellings (4.9 - 7.0 units/acre) Multiple Dwellings (8.4- 12.0 units/acre) Commercial Land Use-~ LBC NC CO BC(M) BC Limited Business Commercial Center Neighborhood Commercial Center Commercial Office Center Business Commercial (Modified) Center Business and Commercial Center Industrial [.and Use-~ M-1 M-2 Light Manufacturing Heavy Manufacturing Community_ Service Land Use.~ OS Open Space P Parks S School C Church W Public Water Facility CEM Cemetery FS Fire Station G Government Facility L Library CH City Hall -32 City of Maplewood May 2002 Comprehensive Plan TABLE 5 ! ESTIMATED PERSONS PER DWELLING UNIT AND PLANNED MAXIMUM DENSITY OF DWELLING UNITS People/Gross Acre (a[~oroximate) Type of Dwelling People/Unit1 R-3L R-3M R-3H 11.9 13.3 22,8 ' Planned Maximum Density (Units per gross acre) Single Dwelling· 2.9 4.1 4.6 Double Dwellings· 2.2 5.4 6.0 10.4 Townhomes 2.2 5.4 - 6.0 10.4 Manufactured Homes 2.0 6.0 6.7. 11.4 Apartments (3-4 units/bldg.) 2.4 5.0 5.5 9.5 Apartments (5-9 units/bldg.) 2.2 5.4 6.0 10.4 Apartments (10-19 units/bldg.) 1.9 6.3 7.0 12.0 Apartments (20-49 units/bldg.) 1.6 7.4 8.3 14.3 Apartments (50+ units/bldg.) 1.4 8,5 9.5 16.3 Apartments (1-bedroom senior) 1.1 (Based on bedroom miX.) Apartments (2-bedroorn senior) 2.0 (Based on.bedroom mix.) Apartments (3-bedroom senior) 2.5 (Based on bedroom mix.) Notes: (1) (2) (3) From the 1990 census. The City shall determine the maximum allowed density by the minimum-lot areas in the zoning code. The City shall determine the maximum number of units from Table 5 if minimum-area lots for each unit are not platted. The City may allow reduced minimum-lot areas in planned unit developments (PUDs) where the overall PUD project does not exceed the maximum allowed density. The City intends to review the density figures in Table 5 after each federal census. City of Maplewood May 2002 Comprehensive Plan TO: FROM: SUBJECT: LOCATION: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Easement Vacation 2416 Teakwood Drive December 22, 2003 INTRODUCTION Mr. Chris Cavett, representing the city and the property owners, is asking the city to vacate an existing drainage and utility easement on the property at 2416 Teakwood Drive (See the maps on pages four through six). This easement is shown on the survey on pages seven and eight. Please also see the applicant's statement on page three and the maps on pages four through six. DISCUSSION Mr. Cavett is requesting the vacation because the city has no need for the existing easement in its current location. This is because the drainage patterns on the lot are such that water actually drains to the south and east across the rear of the property. In trade for the city vacating the existing easement, the owners have agreed to provide a new easement over the area where the drainage actually occurs. Maplewood has no plans to develop or use the existing easement and it is not needed for any utilities. RECOMMENDATION Approve the resolution on page nine. This resolution is for the vacation of an unused drainage and utility easement on the property at 2416 Teakwood Drive. The reasons for the vacation are as follows: i. It is in the public interest. 2. The existing easement is not used or needed for drainage or utility purposes in its current location. This vacation is subject to the owner providing the city a 15-foot-wide drainage and utility. easement that follows the centerline of the existing drainage swale and signing the necessary agreements to allow the city to correct the drainage problems on the property. 7 [ I f I REFERENCE INFORMATION Application Date The city received the complete application and plans for this request on December 15, 2003. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by February 14, 2004. P:\sec12-28~2416 teakwood drive Attachments: 1. Applicant's Statement 2. Location Map 3. Area Map 4. Property Line/Zoning Map 5. Site Survey 6. Site Survey 7. Vacation Resolution Attachment 1 Easement Vacation: 2416 Teakwood Drive East The City of Maplewood currently has a drainage and utility easement over the west 15 feet of the property located at 2416 Teakwood Drive East. For a number of years there have been drainage problems at this address and the adjoining property at 2406 Teakwood Drive. The problem at 2406 is particularly acute as it occasionally results in basement flooding. The drainage problem could be eliminated with a minimal amount of grading. Public works crews could do this work. However, the existing drainage swale is not located within the drainage and utility easement the city currently holds. The owner of the property at 2416 Teakwood will not allow the city to perform work outside of the easement and is not inclined to give the city additional easement. The engineering department has reached a verbal agreement with the property owner under which the city would vacate the existing easement, and the property owner would provide the city with a 15-foot wide easement that follows the existing drainage swale (see attached map and legal descriptions). The terms under which this would occur are outlined in the attached letter sent to the property owner, his neighbor, his attorney, and members of city staff. The engineering department sees this as a good solution as it allows for elimination of the drainage problem and also provides the city with access in the event future maintenance is required. CJV r ! 16 1. HUNTINGTON CT. 2. O~K~IX~ ~ 17 1. CURRIE CI'. 2. VALLEY VIEW 3. LAKEWOOO CT. 2 3 IX~ I.~L 4 5 ~ 7 M~i.~I~ CT. 8 LONDtN tN. [] FAC~L/TY AVE. VAU. EY V~EW Attachment 2 1 NEW CI~/1T~,y i:~. 2 J(W CENRJRY TE~ 3 M3f CEN'IURY LN LOCATION 4 NEMil-Z MAP ! I m TEAKWOOD I I I MAILAN D RD 8 DRIVE 483 491 499 507 515 2425 551 561 571 OAKRIDGE DRIVE __, 2380 ~ 2347 2357 ~~ 2389 HILLWOOD DRI~ 579 591 2430 Attachment 3 482 49O 498 5O6 514 522 540 550 560 570 550 59O 600 24O9 AREA MAP 2449 30 2389 ~4 515 2417 TE'~KWOO D DRIVE 2425 2416 2426 571 2413 551 579 Attachment 4 514 522 53O 540 56O 570 580 2423 561 550 591 590 Attachment 5 TEAKWOOD DRIVE 7.50' ///////////////////21 240~ PROPERTY LINI EXISTING 15' -- DRAINAGE & UTILITY EASEMENT (TO BE VACATED) TOTAL AREA = 2,172.91 SQ. FT., MORE OR LESS EXISTING DRAINAGE & UTIUTY EASEMENT 0 20 40 24i6 I/////////~ 15' PERMANENT DRAINAGE & UTILITY EASEMENT TOTAL AREA : 2,226 SQ. FT., MORE OR LESS SITE PLAN 7 [ i I f I Attachment 6 · 24O6 PROPEl ~" ~XISTING /'2 MOP,~ OR ~ L. ~, X \ ', ~ UTILITY-P_AS'F-.MENT ~T(~TAL AREA = / MORE OR LESS / SITE PLAN -[ [ · f i Attachment 7 VACATION RESOLUTION WHEREAS, Chds Cavett, representing the City of Maplewood and the property owners, applied for the vacation of the following: A 15-foot-wide drainage and utility easement located on the property at 2416 Teakwood Ddve, Maplewood (Property Identification Number: 12-28-22-31-0049) and described as follows: The 15-foot-wide drainage and utility easement on Lot 1, Block 4, Huntington Hills Addition in Section 12, Township 28, Range 22 WHEREAS, the history of this vacation is as follows: On January 5, 2004, the planning commission recommended that the city council approve the public vacation. On January 26, 2004, the city council held a public headng. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the headng a chance to speak and present wdtten statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the above-mentioned property (Lot 1, Block 4, Huntington Hills Addition). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: 1. It is in the public interest. The existing easement is not used and is not needed for drainage or utility purposes in its current location. This vacation is subject to the owner providing the city a 15-foot-wide drainage and utility easement that follows the centedine of the existing drainage swale and signing the necessary agreements to allow the city to correct the drainage problems on the property. The Maplewood City Council adopted this resolution on ,2004. T T · T I MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner Planning Commission Rules of Procedure January 2, 2004 INTRODUCTION The planning commission should review their rules of procedure. Section L of the rules says that the commission is to review the rules at the first meeting each year. BACKGROUND The planning commission first approved the rules of procedure on February 21, 1983. The commission has reviewed and changed their rules several times since then. On February 17, 1999, the commission did the latest review and revisions to their rules. DISCUSSION I am not proposing any changes to the rules of procedure for the planning commission. If they wish to make changes, the commission may propose them. RECOMMENDATION Approve the planning commission rules of procedure starting on page 2. p:\commdvpt~pc\pcrules3.2004 Attachment: Rules of Procedure [ 'l ! T i RULES OF PROCEDURE Approved by the Planning Commission on February 21, 1983 Last Revision on February 17, 1999 We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 25, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS Bm 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. Regular meetings shall be held at 7 p.m. on the first and third Mondays of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. Special meetings shall be held upon call by the chairperson, or in their absence, by the vice chairperson, or by any other member with the concurrence of five other members of the Commission. At least 48 hours notice shall be given to all members for special meetings. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a confiict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 25-20 of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing o[' temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. T I D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the second meeting of each calendar year and will serve until their successors have been elected. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson..When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tern. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission will elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. DIRECTOR OF COMMUNITY DEVELOPMENT In addition to carrying out the duties prescribed in Section 25-25 of the Code of Ordinances, the director shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. ACt as technical advisor to the Commission. 3. Present wdtten alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. G. AGENDA Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting, shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Minutes d. Approval of Agenda e. Public Headngs [ 'l I T i Ho f. Unfinished Business g. New Business h. Visitor Presentations I. Commission Presentations j. Staff Presentations k. Adjournment 3. No item that is not on the agenda shall be considered by the Commission. Except as herein provided, Robert's Rules of Order, Revised and Robert's Parliamentary Law shall be accepted as the authority on parliamentary practice. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS Appointments to the Planning Commission shall be made by the City Council, after a recommendation from the Planning Commission. The Planning Commission shall interview all candidates after a vacancy is advertised in the official newspaper and recommend three candidates to the City Council. Selection of the candidates shall be done by a wdtten ballot. Each commissioner shall vote for not more than three candidates, listing them in order of preference, and shall sign their ballot. The chairperson shall announce the vote of each member and tally the votes, giving three points to a first choice, two points to a second choice, and one point to a third choice. The names of the three candidates with the highest total votes shall be submitted to the Council, in order of total votes. The Commission shall make its recommendation based on qualifications and a representative geographical distribution of members. K. AMENDMENT 1. Any of these rules may be temporarily suspended by the vote of two-thirds majodty of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majodty vote of the entire membership and submitted to the City Council for approval. L. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year.- p:\commdvpt~pc~pcrules3,2004 r ¥ · T i TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Planning Commission's 2003 Annual Report January 2, 2004 INTRODUCTION The city code requires that the planning commission prepare an annual report to the city council by their second meeting in February. This report should include the planning commission's activities from the past year and the major projects for the upcoming year. ACTIVITIES The commission considered the following requests as noted: 2OO3 changes to the comprehensive plan 8 changes to the zoning map 4 preliminary plats 5 ordinance changes 3 conditional use permits and revisions 18 vacations 5 vadances 4 miscellaneous requests and presentations 14 2002 2001 2000 3 3 5 2 2 2 6 3 6 3 5 3 18 25 21 5 7 0 1 2 7 17 7 6 Total 61 55 54 50 In 2003, the commission also finished work on the comprehensive sanitary sewer plan amendment and update, finished the south Maplewood study (including the R-I(R) zoning ordinance and map changes) and took a tour of development sites. In addition, the planning commission had a training session with the city attorney and Ms. Coleman, had several sessions to review the County Road D extension and Legacy Village projects and also discussed the new mixed-use zoning distdct during several meetings. NOTE: For all the items listed below, the planning commission recommended approval ayes all, unless I have noted otherwiSe. 2003 COMPREHENSIVE PLAN CHANGES The commission considered eight changes to the comprehensive plan in 2003. Changes Hi,qhwood Farms Townhouses (Hi,qhwood Ave.) From R-1 to R-3(M) PC Action Council Action Denied Approved (5-2) This change was for an 18-unit town house development on the south side of Highwood Avenue. St. Paul Soccer Center (County Road B) From OS (open space) to P (park) Approved Approved (4-2) This change was for the development of an outdoor soccer center on the Saint Paul Water Utility property south of County Road B, west of 1-35E. Sibley Cove (County Road D) From BC to R-3(H) Approved Approved This change was for the development of a 100-unit apartment building on the south side of County Road D, west of Adel Street. Larpenteur Ave Redevelopment (Larp. Ave.) From R-1 to R-3(M) Approved Approved (4-2) This change was for the redevelopment of the property on the north side of Larpenteur Avenue, west of Adolphus Street. Van Dyke Village Housing (Van Dyke Street) From BC and R-3(M) to R-3(H) Denied Approved (6-2) The proposed change was for the development of 204 town house units on the west side of Van Dyke Street, north of County Road B. The city approved a maximum of 20 units on the site. Comprehensive Sanitary Sewer Plan Update Approved Approved This change was to update and amend the sanitary sewer plan to reflect the expected land uses and the corresponding sewer flows in several parts of the city, including Legacy Village near Maplewood Mall. Le.qacy Villa.qe (County Road D) From BC to BC, R-3(H) and OS (open space) Approved Approved This change was made to reflect the approved land uses in the Legacy Village development on the south side of County Road D, west of Southlawn Drive. Hmong Alliance Church (2515 Maplewood Ddve) From M-1 to C (church) Approved Approved This change was for the proposed reuse of an existing light-industrial building as a church. 2003 ZONING MAP CHANGES The commission considered four changes to the zoning map in 2003. Change PC Action Council Action Larpenteur Avenue Redevelopment (Larp. Ave.) From R-1 (single-family residential) to R-3 (multiple-family residential) Approved Approved (4-2) ~' r · T I This change was for city-owned property slated for redevelopment to town houses. Saint Paul Area Realtors Expansion (1955 McMenemy Street) From R-1 (single-family residential) to LBC (limited business commercial) Approved Approved This change was for the property north of the realtor's office for the future expansion of their facilities. Maplewood Office Park (East of 2035 County Road D) From F (farm residence) to BC-M (business commercial modified). Approved Approved This change was for the new Maplewood Office Park complex on County Road D, east of the office building at 2035 County Road D. South Maplewood Rezonin.qs (South of Carver Avenue) From F (farm residence) and R-1 to R-I(R) (rural residential) Approved Approved The city proposed and made these zoning map changes to implement the new R-I(R) (rural residential) zoning distdct on several properties in south Maplewood. 2003 CONDITIONAL USE PERMITS AND REVISIONS The commission considered the following conditional use permits and permit revisions in 2003: PC Action Council Action Oversized Accessory Building (2776 Keller Parkway) Approved Approved Highwood Farm Townhouses PUD (2666 Highwood Avenue) Approved Approved (6-1) Ohlson Landscaping CUPs for a metal building and outdoor storage (1949 Atlantic Street) Approved Approved Saint Paul Soccer Center (County Road B) Approved Approved (4-2) Sibley Cove Apartments PUD (County Road D and Ariel Street) Approved Approved Van Dyke Village PUD (Van Dyke Street, north of County Road B) Denied Approved (6-2) ~' r · T i Countryside Motors Expansion (Repair Facility and Sales Lot) (1180 Highway 36) Frontline Church CUP (2055 White Bear Avenue) Dearborn Meadow East PUD (Castle Avenue) Legacy Village PUD (County Road D and Southlawn Drive) Woodlynn Ponds Townhouses PUD (County Road D) Liberty Classical Academy (1717 English Street) Gruber's Power Equipment (1762 White Bear Avenue) Hmong Amedcan Alliance Church (2515 Maplewood Drive) Heritage Square Townhouse PUD Revision (County Road D and Kennard Street) University Auto Sales Revision (1145 Highway 36 East) Approved Approved Approved Approved Approved Approved Approved Approved Approved (6-1) Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved MEMBER WHO RESIGNED IN 2003 Matt Ledvina MEMBER WHO WAS APPOINTED IN 2003 Jeff Bartol 2003 ATTENDANCE Name Lorraine Fischer Jackie Monahan-Junek Gary Pearson William Rossbach Tushar Desai Matt Ledvina Dale Tdppler Paul Mueller Mary Diefich Appointed 1970 3-11-02 12-10-90 10-10-89 7-22-02 12-08-97 6-08-98 7-13-98 12-11-00 Term Expires 12-04 12-05 12-05 12-05 12-04 12-04 (Resigned) 12-03 12-03 12-03 2003 Attendance 18 out of 20 18 out of 20 18 out of 20 19 out of 20 17 out of 20 7 out of 13 18 out of 20 15 out of 20 18 out of 20 As a point of comparison, the planning commission h'ad 17 meetings in 1999, 18 meetings in 2000, 18 meetings in 2001 and 17 meetings in 2002. 2004 ACTIVITIES The following are the possible activities of the planning commission for 2004: 1. Have an annual tour of development and other sites of interest. 2. Have quarterly in-service training sessions or provide educational materials for the planning commission. This might include training or information to help prepare the commission for the upcoming redevelopment topics or have a session about septic systems and/or wells. 3. Work with the consultants and city staff on any code or land use plan changes that result from the Hillcrest and Gladstone Area studies. 4. Review the PUD ordinance for possible changes. 5. Provide input to the HRA on housing redevelopment and program issues, 6. Study the area west of Hazelwood (along the future County Road D extension) for land use and transportation issues. P:~...~niscell~PC\ 2003annrep.doc