Loading...
HomeMy WebLinkAbout03/18/2003 AGENDA MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, March 18, 2003 7:00 P.M. CiTY HALL MAPLEWOOD ROOM 1. Call to Order 2. Roll Call 3. Approval of Minutes a. August 13, 2002 4. Approval of Agenda 5, Communications a. Land Trust Information 6. Unfinished Business None 7. New Business a. Maplewood Larpenteur Avenue Redevelopment Plan (Larpenteur Avenue and Adolphus) b. Van Dyke Village Town house Development (Van Dyke Street, north of County Road B) 8. Date of Next Meeting 9. Adjournment -r ' T ' T T T ' ' T .... T DRAFT MINUTES OF THE MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 13, 2002 7:00 P.M. CITY HALL MAPLEWOOD ROOM I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Commissioner Tom Connelly Commissioner Lorraine Fischer Commissioner Joe O'Brien COmmissioner Gary Pearson Commissioner Beth Ulrich Staff Present: II1. APPROVALOF MINUTES IV. Vw Absent Present Present Present Absent Tom Ekstrand, Assistant Community Development Director Ken Roberts, Associate Planner Lisa Kroll,. Recording Secretary (present at 7:50 p.m.) Approval of the HRA minutes for May 14, 2002. Commissioner Pearson moved to approve the minutes. Commissioner O'Brien seconded. The motion carried. APPROVAL OF AGENDA Ayes- Fischer, O'Brien, Pearson Chairperson Fischer suggested moving the Manufactured Home Park Closing Ordinance from New Business to Unfinished Business. Commissioner Pearson moved to approve the agenda as amended. Commissioner O'Brien seconded. Ayes - Fischer, O'Brien, Pearson The motion carried. COMMUNICATIONS a. City Board Appreciation Event - Thursday, September 5, 2002. Mr. Roberts said invitations should be arriving in the mail for the city board appreciation dinner to be held at the Battle Creek Regional Park at 5:30 p.m. -r f Housing and Redevelopment Authority Minutes of 08-13-02 -2- VI. UNFINISHED BUSINESS a. Manufactured Home Park Closing Ordinance Amendment Commissioner Pearson said he is abstaining from discussing or voting on the manufactured home park closing ordinance amendment. Chairperson Fischer said because of Mr. Pearson's abstention there is a lack of a quorum to vote on this issue but staff would still like to have comments from the HRA members for the record. Commissioner O'Brien said he wouldn't want to treat a resident living in a manufactured home any different than a resident in a single-family home. He would not want the ordinance to provide financial assistance if that would be by value. The resident is there because they are unable to afford a larger unit, and they like the neighborhood and location. To relocate someone in a manufactured home park, the income potential of a manufactured home park resident may not be where the income potential is of a single-family home resident. It would probably be easier to find equal housing for someone moving to a single family home rather than for equal housing for a manufactured home park resident. He would not like to provide a stipend of money and have the resident look for a place to live and they find there is nothing they can afford to live in. Chairperson Fischer said the first step should be to maintain the community. If they cannot maintain the community then there should be some sort of ordinance that may assist those who are going to be displaced. She said the first order of business is not relocation costs, it is to preserve the community that is there. Commissioner O'Brien said there is a great possibility that any developed land will be reoccupied possibly by a different use. He said if a developer does come in and do this he wants to make sure the developer is made aware the developer must provide adequate compensation or relocation for the residents so they don't become victims of a developer's whim. Mr. Roberts asked Mr. Pearson if he was aware if there was a closing notification and the residents decided to form a co-op and buy it out instead of it being redeveloped, does the industrY have literature on how to form a coop and follow through the process or are park residents on their own. Commissioner Pearson said the industrY would recommend them to a company called North CountrY, you have to have 51% of the people in the community agreeing to a point appointed board for their co-op. These organizations would help the residents with information and how to get the funding. The residents only have to meet the same offer that the developer made. Mr. Roberts said it sounds like there is help out there for manufactured home park residents between APAC and company's like North CountrY to help manufactured home park residents form a co-op if they chose to purchase their park instead of having the developer take it over. Chairperson Fischer said it should be brought to the city council's attention that there is a need there for this information and it appears that there are providers of this information. Housing and Redevelopment Authority Minutes of 08-13-02 -3- Part of the process, if the city is outlining one, notification should go to those company's that provide this help so it becomes a part of what the residents of a possible closing of a manufactured home park can get in their hands as soon as possible. This way they don't have to wait six or more months down the line for it. Commissioner Pearson said an example of a co-op is the Landfall Terrace in Oakdale. An article was in the newspaper on Monday, August 12, 2002, regarding the Landfall Terrace manufactured home park. Chairperson Fischer asked Mr. O'Brien if he felt the consensus was that the city council should pursue the possibility of a manufactured home park closing ordinance in the event that there is a park closing and the residents do not purchase the manufactured home park. He feels manufactured home park owners should have protection from being forced to leave their homes as a single-family home resident has. Chairperson Fischer said the HRA wants the city council to be aware that in the event that there is a manufactured park closing that the HR^ feels it is very important that the residents become aware how they could purchase the park in a co-op if they wanted to become owners and managers of their park and how to make it come about. She asked if truth in housing should be extended to manufactured homes as it is in single-family homes. Commissioner O'Brien asked if the city is discriminating against manufactured homes if they don't include them in the truth in housing. Mr. Roberts said the city has to make a choice. They can't do everything for everybody. With limited resources, budget and personnel, if the city council thinks it is very important to be included, then they find a way to make it work. The city council would be looking from the HRA, is how important is having truth in housing, is it a big problem, and if so, what would it solve having the truth in housing for manufactured homes. Chairperson Fischer said she is not saying the manufactured homes should not necessarily have to meet the same standards as stick built homes but they should meet the trade requirements of what is livable and healthy. Mr. Roberts asked Mr. Pearson if there are services for buyers of manufactured home's to get their own inspection. Commissioner Pearson said most of the manufactured housing service and installation companies that deal with codes can do an end-to-end inspection. They charge roughly $200 for the full inspection. The service is available for the consumer. In his park they require people to have a form filled out by an inspection company prior to a new owner coming in to the park. Everything in the manufactured home should meet code and safety standards. It is a state law and a park rule as well as a requirement from the lenders doing the financing to have the form signed prior to the loan being signed off. Housing and Redevelopment Authority Minutes of 08-13-02 -4- VII. NEW BUSINESS a. Hillcrest Village Redevelopment Concept Plan Mr. Ekstrand gave his report on the Hillcrest Village Redevelopment Concept Plan. Staff is requesting that the planning commission, community design review board and housing and redevelopment authority forward a recommendation on the Hillcrest Village Redevelopment Plan to the city council. The city council needs to decide whether the city should adopt the redevelopment plan for Hillcrest Village, some variation of it, or not adopt it at all. Chairperson Fischer said she has some reservations on the plan. Commissioner O'Brien said he has some reservations on the plan as well. Anything that may be done will make a large traffic impact. Some of the housing will triple the occupancy and it will increase cars driving on that stretch of White Bear Avenue. He thinks some of the housing is very valuable in that area and replacing the housing with will take away affordable housing and replace the homes with townhomes and apartments. He would also like to know what they would do with the snow removal. He asked what is the profile of commercial property the met council is thinking of with 36,000 square feet of space. He asked what kind of tenant would that be for such a large area: Mr. Roberts said at one time a grocery store was discussed. Mr. Ekstrand said if a developer came in they would do a market study to see what would work well in the area. Commissioner Pearson said he sees this as a good plan. He said if you are going to displace long time company's that have been good for the area then he does not think that is a good thing to do to those of businesses. Mr. Ekstrand said the Metropolitan Council designed a booklet for the City of St. Paul and City of Maplewood that he has available. He said the neighbors may show up as they did for the neighborhood meeting and disapprove of this plan and the city council may say let's leave things as they are. Commissioner O'Brien said he would like to see that the commission does not ignore this plan but do more preemptive and try to factor in long-term affordable housing units, viable houses and businesses. Mr. Roberts asked if the HRA likes the pedestrian friendly, mixed commercial, residential, office, use on the Maplewood and the St. Paul side. Chairperson Fischer asked if the footprint on Van Dyke Street and Larpenteur Avenue on the east corner indicates that the current use is acceptable or isn't it. Does that mean the Plaza Theatre is going to have to move. Mr. Roberts said he understood that footprint is out in front of the Plaza Theatre. Housing and Redevelopment Authority Minutes of 08-13-02 -5- Chairperson Fischer said if the'city puts something else on the site of the Plaza Theatre that it would not meet the parking requirements for the City of Maplewood. She said the Woodland Hills Church takes up all the parking in the surrounding area on Sunday's already. She said the church would love to have the theatre site so they could have expanded parking. Commissioner O'Brien said even having the mixed use on this plan people will still drive and park and then walk to where they want to get. He said it isn't feasible that the people will walk blocks when they can drive it faster. He said that is what people do in the Grand Avenue area, they drive, park and walk a bit and then drive, park, and walk again. Commissioner O'Brien asked if there was an age group that would be proposed for the sale of the housing in this plan. Mr. Ekstrand said it is proposed people would live there for a life cycle and they would not have to maintain the exterior of the home. Mr. Roberts asked HRA members if they were ready to make a recommendation to the city council. Commission members said they would like to have more information before recommending anything to the city council. Chairperson Fischer said the commission members are not ready to give a recommendation yet to the city council but they have offered some feedback and have asked some questions they had in regards to the plans. In summar¥~ their comments were: 1. How would snow be removed with a lot of street-side parking? 2. Traffic would be noticeably increased. 3. Is there a market for the proposed housing? They have reservations about this. 4. It may be a disservice removing existing viable housing for new housing. 5. The future building on the Plaza Theatre site does not seem feasible. 6. The plan should include, at least show, the Jr. Achievement block. 7. Can the existing infrastructure handle these changes? 8. How would the Metropolitan Council's description of commercial and residential differ from the City of Maplewood's description. Specifically, what would be the differences in the various classifications. 9. How would existing viable businesses be treated. Would they be grandfathered in should the businesses choose to expand. 10. What is the desirability of putting residential in that would be surrounded by non residential by three sides. VIII. DATE OF NEXT MEETING Tuesday, October 8, 2002, will be the tentative date of the next meeting. IX. ADJOURNMENT Chairperson Fischer adjourned the meeting at 9:49 p.m. TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Land Trusts March 10, 2003 INTRODUCTION Chairperson Fischer asked me to find information about land trusts or community trusts for affordable housing. In researching her request, I found several articles about community land trusts and housing trusts. I have attached these articles for your information and reference. DISCUSSION I have not fully researched the topic or these articles, but I thought they would be a gOod starting point to leam about land trusts and housing trusts. Please review these and be prepared to share with the HRA any comments or thoughts you may have. Attachments: Articles Community Land Trusts In the 1960s, ICE's founders developed the Community Land Trust (CLT) concept as a way to encourage affordable resident ownership of housing and local control of land and other resources. For more than three decades, ICE has promoted public understanding and acceptance of this approach to ownership; has helped local groups establish CLTs in a variety of urban and rural communities; and has provided technical assistance and financing to the growing number of CLTs around the country. What is a CLT? A community land trust is a pdvate non-proffi corporation created to acquire and hold land for the benefit of a community and provide secure affordable access to land and housing for community residents. In particular, CLTs attempt to meet the needs of residents least served by the prevailing market. Community land trusts help communities to: · Gain control over local land use and reduce absentee ownership · Provide affordable housing for lower income residents in the community · Promote resident ownership and control of housing · Keep housing affordable for future residents · Capture the value of public investment for long-term community benefit · Build a strong base for community action describes the important features of CLTs and how they may address housing issues in different communities. describes the kinds of assistance ICE offers. describes three active CLTs in different locations and different stages of development. describes the functions and priorities of the ICE-supported national network of CLTs and tells how you can join the network. lists existing CLTs by country and state. answers some basic questions about CLT programs and homeownership options. Publications and other resources can be found at Resources. http://www.iceelt.org/clt/ 2/7/2003 Institute for Community Economics: The CLT Model t'age i or ,~ The Community Land Trust Model What is a CLT? Why a CLT? Important features of a CLT What is a CLT? A community land trust (CLT) is a democratically controlled nonprofit organization that owns real estate in order to provide benefits to its local community - and in particular to make land and housing available to residents who cannot otherwise afford them. CLTs have been established in different kinds of communities, with different kinds of projects meeting different community needs, but they share some important features, including a distinctive approach to the ownership of real estate, and a distinctive approach to community-based governance. A Distinctive Approach to Ownership... Acquiring Land for the Community. Sometimes CLTs acquire vacant land and arrange for the development of housing or other structures on it. At other times, CLTs acquire land and buildings together. In both cases, CLTs treat land and buildings differently. The land is held permanently by the land trust so that it will always benefit the community. Buildings can be owned by those who use them. Homeownership on Community Land. Buildings on CLT land may serve different needs, but, when possible, CLTs help people to own their own homes on this land. When a CLT sells homes, it leases the underlying land to the homeowners through a long-term (usually 99-year) renewable lease, which gives the residents and their descendants the right to use the land for as long as they wish to live there. Still Affordable for the Next Homeowners. When CLT homeowners decide to move out of their homes, they can sell them. However, the land lease requires that the home be sold either back to the CLT or to another lower income household, and for an affordable pdce. A Distinctive Approach to Governance... Membership organization. CLTs are usually organized as "membership corporations," with boards of directors elected by the members. Usually there are two groups of voting members. One group is made up of all the people who live in CLT homes (or use CLT land in other ways). The other group is made up of other people in the community who are interested in what the CLT is doing - including neighbors of CLT residents, and people who may want to have CLT homes in the future. Board structure. Usually the CLT board includes three kinds of directors - those representing resident members, those representing members http ://www.iceclt. org/clt/cltmodel~html ............. 2/7/2003 who are not (.;L I residents, and those representing the broader community interest. In this way, control of the organization is balanced to protect both the residents and the community as a whole. Why a CLT? In Growing Communities... In many communities today population growth and economic investment are driving up real estate prices so that fewer and fewer working people can afford to live in the communities where they work. Fewer still can afford to buy homes in those communities. Limited public funds are available to subsidize housing costs for lower income households, but the gap between the amount of subsidy needed and the amount of subsidy available continues to widen as housing costs soar. To address this problem, community land trusts are being developed in a growing number of communities - in expanding metropolitan areas from Cleveland, Ohio to Portland, Oregon; in university communities from State College, Pennsylvania, to Boulder, Colorado; in expensive resort communities from the Florida Keys to the San Juan Islands of Washington State and in many other communities as well. These CLTs control housing costs by permanently limiting land costs and "locking in" subsidies so that they benefit one homeowner after another and do not need to be repeated each time a home is sold. And in Disinvested Neighborhoods... The problems of Iow-income neighborhoods typically revolve around disinvestment and absentee ownership. As homeownership declines older buildings are likely to be bought by absentee investors who allow the buildings to deteriorate while charging high rents. The rent paid to these absentee owners leaves the community. It is not saved by the residents, not spent in local stores, not used to improve the community. If residents do organize themselves to improve their neighborhood, it will be the absentee owners who will reap the benefits of increased property values. Through a CLT, however, residents themselves can capture the value they create so that it benefits their own community rather than absentee investors. For instance, when residents of Boston's Dudley Street neighborhood organized to rebuild their community, they decided to establish a CLT so they would not ever lose control of what they had worked to build. Their slogan was "Take a Stand, Own the Land." Important Features of a CLT · Acquiring Land for the Community Sometimes CLTs buy undeveloped land and arrange to have new homes built on it; sometimes they buy land and buildings together. In either case, the CLT treats land and buildings differently. CLT land is held permanently - never sold - so that it can always be used in the community's best interest. Buildings on CLT land, however, may be owned by the residents. Access for Low-Income People http://www.iceclt.org/clt/cltmodel.html 2/7/2003 Institute for Community Economics: The CLT Model rage a ox q I I1~ 1,~1-- I IJIU¥1UI~~ ~IIL.,~,~ LU li:lllU tlllU IIUU~)III~ IUI IJI~UIJII~ lrllll~J othen~ise priced out of the housing market. Some CLT homes are rented, but, when possible, the CLT helps people to purchase homes on affordable terms. The land beneath the homes is then leased to the homeowners through a long-term (usually 99-year) renewable lease· Residents and their descendants can use the land for as long as they wish to live there. · Pdces Stay Affordable When CLT homeowners decide to move, they can sell their homes. The land lease agreement gives the CLT the dght to buy each home back for an amount determined limited by the CLT's resale formula. Each CLT designs its own resale formula - to give homeowners a fair return for their investment, while keeping the price affordable for other lower income people. · Owner-Occupancy Preserved The land lease requires that owners live in their homes as their primary residences. When homes are resold, the lease ensures that the new owners will also be residents - not absentee owners. · Multi-Family Buildings A CLT can work with vadous ownership structures fOr multi-family buildings. The CLT itself may own and manage a building as rental housing, another non-proffi may own it, or the residents may own it as a cooperative or as condominiums. In each case, the CLT will ensure long-term affordability. · Helping New Homeowners CLTs can provide a variety of training opportunities and other services to tirst-time homeowners, and can provide crucial support if homeowners face unexpected home repairs or financial problems. In these cases the CLT can often help residents to find a practical solution, and may help to make necessary financial arrangements. · A Flexible Approach CLTs have been established to serve inner-city neighborhoods, small cities, clusters of towns, and rural areas. A CLT working in a small city · neighborhood may be the only local housing group, though it may collaborate with citywide and regional organizations. Other CLTs, serving larger geographical areas, may work closely with a variety of local organizations. CLTs may develop housing themselves or may hold land beneath housing produced by other non-proffi (and sometimes for- proftt) developers. A CLT may build new homes, rehabilitate older homes, or acquire existing housing that needs little or no renovation. Some CLTs have bought mobile home parks to provide long-term secudty for mobile home owners. In addition to providing affordable housing, CLTs may make land available for community gardens, playgrounds, economic development activities, or open space, and may provide land and facilities for a variety of community services. In rural areas. CLTs may hold land for http://www.iceclt.org/clt/cltmodel.html 2/7/2003 easements to protect open space and ecologically fragile areas. · Who Controls a CLT? A CLT is ultimately controlled by its members. All CLT residents are members, and other people in the community may also join. The members elect the CLT's Board of Directors. Usually there are three kinds of directors on the Board - those representing resident members, those representing members who are not CLT residents, and those representing the broader public interest. In this way, control of the organization is balanced to protect both the residents and the community as a whole. http://www.iceclt.org/clt/cltmodel.html 2/7/2003 .Igstitute for Community Economics: CLT FAQs t'age ~ o~ > Frequently Asked Questions Deciding to Start a CLT The Variety of CLT Programs How CLT Homeownership Works CLT Relationships with Governments and Other Organizations Deciding to Start a CLT Why have a number of communities chosen the CLT approach to affordable homeownership? These communities differ in many ways, but all of them are concerned about what will happen to the homes after the first owners leave. For Iow-income communities suffering from disinvestment---like the neighborhoods of west central Durham --the primary goal is to sustain owner-occupancy and prevent a return to absentee ownership. For communities where property values are rising, as in Albuquerque and Burlington, the primary goal is to limit resale prices so the homes will continue to be affordable for lower income households. All of these communities recognize that just producing affordable housing is not enough. They need some way to control what happens to the housing in the long-run. The community land trust gives them a way to do this. "We wanted to be able to revitalize those neighborhoods without making them unaffordable to the people who lived there." -- Brenda Torpy, Burlington CLT What kinds of groups have started CLTs? CLTs have been established by a variety of local groups, including neighborhood associations, religious coalitions, community development corporations, local governments, and groups of concerned citizens. Regardless of the kind of group, organizing a CLT involves an effort to familiarize the community with the CLT concept and to develop grassmots support and participation. "The community was involved in the planning process. As a result of that, the neighborhood is very supportive of this project." -- Debbie O'Malley, Sawmill CLT How large an area does a CLT serve? Some CLTs serve a single neighborhood, like Sawmill CLT in Albuquerque, or a small rural community, like CLTs in Maine and other rural areas. Some serve a larger section of a city, like the Durham CLT, or an entire city or county, like the Burlington CLT. How a CLT's territory is defined is shaped by the immediate interests of its founders, the location and nature of housing needs, the location of project opportunities, and the roles and service areas of other housing and community development organizations in the general area. The Variety of CLT Programs Does a CLT usually acquire more than one parcel of land? A few CLTs, like the one in Albuquerque, have launched their programs wi'th the development of a single large parcel of land, but most, like the Durham and Burlington CLTs, have acquired many smaller properties, one at a time over the years, throughout a neighborhood or city or rural area. How do CLTs acquire oronertv? http://www.iceclt, org/clt/cltfaqs.html 2/7/2003 f In most cases, CL'['s ac~luir~ pr(~perty in the same ways as do other nonprofit organizations. As tax-exempt organizations, they sometimes receive gifts of property from individuals or corporations and quite often acquire city or county-owned property from local governments. But in many cases, they pumhase property in the open market-- often with the help of funding from public sources. What kinds of housing do CLT$ provide? As is illustrated by the wide variety of housing developed by the Burlington CLT, it is possible for CLTs to provide any type of housing for which there is a need in the local community and for which there is an opportunity to create permanent affordability for lower income households. "We have folks living in shelters; we have single-room occupancy; we have very affordable rentals; we have housing cooperatives; we have affordable condominiums throughout the city and county, and affordable single-family homes.' m Brenda Torpy, Burlington CLT Can CLT land be used for purposes other than housing? Many land uses are possible-- from facilities for community services such as the "food shelf," Legal Aid, and the Technology Center in Burlington, to local businesses, parks, and plazas, as planned in Albuquerque, to gardening and fuel wood production in the case of some rural CLTs. How CLT Homeownership Works How does the CLT reduce the cost of housing in the first place? In producing affordable housing, CLTs usually rely on the same resources as other affordable homeownership programs m including grants from government programs, contributions of property from both public and private sources, volunteer labor, and so on. At the same time, CLT projects do sometimes gain greater access to these resources because the CLT is able to extend their benefits for the long-term m not only for rental housing but for owner-occupied housing as well. In Vermont, both the City of Burlington and the State have adopted policies that provide subsidies only for housing that is permanently affordable (in part because of the successful example set by the Burlington CLT). How does the CLT make sure that the home will be affordablc and availablc for other lower income households? CLT homeowners and their descendents have a right to occupy and use the leased land for as long as they wish, provided that they abide by the terms of the land lease. These terms place some limitations on the resale of the home~ preventing resale to a household that does not qualify as Iow or moderate income, and limiting the sales price to keep it affordable. The lease lays out a "resale formula" that determines the maximum allowable price. "We're old enough to have had a number of resales, and we've seen it really work. The second time around we don1 need any additional government subsidy and we typically serve a lower income family. We're doing that at the same time that the seller is taking equity with them...and has had all the tax benefits and all the security that homeownership offers," ~ Brenda Torpy, Burlington CLT How do resale formulas work? Each CLT ~ given its own goals and local circumstances ~ designs its own resale formula to set maximum prices that are as fair as possible to the seller while staying affordable for the next buyer. There are several types, but the majority of CLTs use what are called "appraisal-based" formulas. These formulas set the maximum price as the sum of what the seller paid for the home in the first place plus a certain percentage of any increase in market value (as measured by appraisals). Variations nn tha.~q, nncl nth~r tvn~.~ nf fnrm.ln~: nnq. nn~.e, ihla Un~ Int-Jal nrta,tm ~tnrfinn ~1 T http://www.iceclt.org/clt/cltfaqs.html 2/7/2003 7 Institute for Community Economics: CLT FAQs Page 3 ot > programs spend a good deal of time examining the various POssibilities before deciding on a formula. "The formula would give you back what you had invested in the house plus an inflation factor, but you would not be able to go out and sell that house on the open market at an inflated value." --Bevedy Little, Durham CLT How do CLTs insure continued owner-occupancy? The ground lease requires that owners continue to live in the home as their primary residence. Subleasing is permitted only for limited periods with the consent of the CLT. If owners want or need to move away permanently, they must sell the home. The lease does not allow them to continue as absentee owners. Can CLT homes be inherited? Yes, the home is an asset that can be left to the owner's children or to anyone else the owner chooses. When a home is inherited, most CLTs will allow the heirs to live in the home i~f they are (1) children of the deceased owner, or (2) have already lived in the home for a period of time, or (3) qualify as Iow or moderate income households. Heirs who do not meet any of these qualifications, or who do not intend to live in the home anyway, must sell the home, in accordance with the resale restrictions, and will receive the proceeds from the sale. Is it really fair to restrict resale prices for lower income CLT homeowners when higher income conventional homeowners can sell for market-rate prices? CLTs look at this question not in terms of what would be fair in an ideal world, but in terms of the real choices open to lower income tenants, most of whom are not able, on their own, to buy decent homes in their communities through conventional channels. Homeownership through a CLT can give them many advantages that they do not enjoy as tenants -- long-term security, a chance to build substantial assets through affordable monthly payments, and the opportunity to leave these benefits to their children. But, as with any investment, potential buyers should look at the advantages and disadvantages of all their options, and make their own decisions. "1 didn~ buy this house to make a profit. I did it to get ahead .... This is not the traditional market. You have to understand that principle before you buy a land trust house." ---Linda Lewis Giles, Durham CLT What other benefits do CLTs give their homeowners? Some CLTs provide homeowner training and assistance. Some have developed home repair loan funds and have made special arrangements for leaseholders who face unexpected financial problems. Most CLTs help the owners sell their homes when the time comes, which means the owners get to keep more of the resale price. And, as members of the oq~anization, all CLT residents share a set of connections with the community and each other that can bring tangible benefits, like the sharing of a lawn mower, as well as the sense of security that comes from belonging to a group. How do property taxes work? Residents pay property taxes on their homes if they own them. CLTs usually pay taxes on their landholdings, with the cost usually covered by lease fees from those using the land. (CLTs and their residents can request reduced property tax assessments based on the resale value of the home as determined by the CLT's resale formula rather than what would otherwise be the market value of the property.) Can CLT homebuyers get mortgage loans even though they won't own the land outright? CLTs have been able to negotiate mortgage agreements that address the basic concerns of lenders while protecting the CLT's long-term interest in the property. These a~lreements typically allow the CLT to take action, if necessary, to prevent http ://www.iceclt. org/clt/cltfaqs.html 8 2/7/2003 I 1 ] foreclosure and the ~le o/the pm perty on the open market. Such m~)'rtg~ges give the lender a claim on the borrower's house and "leasehold interest." The CLT's "fee interest" in the land is not mortgaged. These "leasehold mortgages" can be, and have been, insured by FHA, and have been pumhased by Fannie Mae and a number of state housing finance agencies, as well as banks. CLT homebuyem have also received mortgage loans through the Rural Housing Services program of the federal Department of Agriculture. CLT Relationships with Govemments and Other Organizations Am CLTs supported by local govemments? It is common for CLTs to work in cooperation with local governments in meeting pm sent and futura community needs. A growing number of public officials recognize that CLTs can play an important role as stewards of community resources and that property and funds allocated to a CLT can benef'~ not only present community residents but futura residents as well. "Particularly if them is a public investment in housing, I think we ought to be very careful as to where that investment flows. W~th the land trust model, that investment remains with the community and the long-term affordability of the housing is guaranteed." -- Peter Clavelle, Mayor of Burlington, Vermont A number of states and municipalities -- including all three cities featured in the CLTs described in CLT Profiles -- have allocated Community Development Block Grant and HOME funds, as well as other available m sources, to CLT programs. Some -- as in the notable case of the large Albuquerque project-- have allocated city-owned land. Do federal housing programs provide for CLTs? The 1992 Housing and Community Development Act makes specific pm vision for CLT funding under the federal HOME program (which provides block grants to municipalities and states to be used for affordable housing programs in their jurisdictions). The Act defines CLTs as "community housing development organizations" (CHDOs) under the HOME program, thus qualifying them for additional project funding, operating support, and technical assistanCe. (In 1999, ICE received its second throe-year national contract with HUD to provide technical assistance to CHDOs that operate as or want to start CLTs.) How do CLTs relate to other housing organizations? Many CLTs am initiated through the sponsorship of other organizations, or emerge out of other organizations as in the case of Albuquerque's Sawmill CLT. Most CLTs, regardless of how they were created, cooperate with the efforts of other organizations in their community. Burlington CLT, for instance, works closely with a network of organizations that address the area's housing and community development needs. In a number of communities it is common for CLTs to acquire housing (or the land beneath housing) that has been built or rehabilitated by other not-for-prot-rt (or sometimes for-prof,) organizations. How do CLTs relate to limited equity housing co-ops? Co-op housing is owned by a corporation that is controlled by the people who live in the housing. Thus co-op residents do not own their homes individually, but each household owns a sham in the corporation and has a "proprietary lease" to their own apartment. When a household wants to move away, they can sell their sham -- and their rights as co-op residents -- to another buyer. In the case of "limited-equity" co- ops, the price for which shares can be sold is limited by the corporate bylaws to keep the housing affordable. (in "market rate" co-ops, shams can be sold for whatever the market will bear.) Some CLTs, like the Burlington CLT, have developed limited equity co-ops on land http ://www.iceclt. org/clffcltfaqs, html 2/7/2003 Institute for Community Economics: CLT FAQs r'age > o~ > leased from the CLT. These CLTs can provide important support services to the co- ops, and the land lease can help to ensure long-term affordability by requiring that restrictions on the sale of shares remain in place. How are CLTs different from conservation land trusts? Both CLTs and conservation land trusts control land use for the benefit of people in the future as well as the present, but they are primarily concerned with different types and uses of land. Conservation trusts are concerned with controlling rights to undeveloped land to preserve open space, ecologically fragile or unique environments, wilderness, or productive forest or agricultural land. CLTs, on the other hand, are mainly concerned with acquiring developed or developable land for specific community uses -- particularly residential use. These concems are not mutually exclusive, and some land trusts, notably in Vermont, combine these purposes, preserving some land in a natural state while leasing other land for development. http://www.iceclt.org/clt/cltfaqs.html 2/7/2003 10 Housing & Community Development · Community Reinvestmcnt & Financial Services · Housing Trust Funds Pro~ect · What is a Housing Trust Fund (HTF)? · Services provided by the project · Key Components of a housing trust fund · Housing Trust Fund Publications · News From The Housing Trust Fund Project National Housing Trust Fund Campaign · Public Housing Initiative · CDBG (Community Development Block Grants · HOME and CHDOs · HUD's ConPlan (The Consolidated Plan) · Housing Resources and Links · Housing & Neighborhoods Newsletter FOR MORE INFORMATION CONTA CT: Mary Brooks Housing Trust Fund Project 1113 Cougar Park Frazier Park, CA 93225 (661) 245-0318 e-mail: mbrooks(~_,communitychange, org What is a Housing Trust Fund.* Housing trust funds are distinct funds established by legislation, ordinance or resolution to receive public revenues, which can only be spent on housing. The key characteristic of a housing trust fund is that it receives on-going revenues from dedicated sources of public funding such as taxes, fees or loan repayments. Typically, legislation or an ordinance is passed that increases an existing revenue source, such as a real estate transfer tax, with the increase being committed to the housing trust fund. Housing trust funds provide a more secure and sensible way to fund needed housing. Safe, affordable housing is essential to the health of every community and desserves the kind of funding a housing trust fund can promise. More: Services Provided by CCC's Housing Trust Fund Project · Information · Technical Assistance Endorse the National Housing Trust Fund Campaign Copyright © 1998 -2002 - Center for Community Change http ://www. communitychange, org/htffA20what%20is, html 2/7/2003 ~ffordable Housing & Community Development: Al~brdable Housmg ~olUtlOn$; L;ommunlty Lan{l zrustrage i or z Home Fannie Mae News Media Znitiatives T-SUeS & Commentary About Us About Fannie Mae Corporate Governance Investor Relations Careers For Business Partners Affordable Housing & Community Development Single-Family Multifamily Tools & Resources Debt Securities Mortgage-Backed Securities For Home Buyers & Homeowners Homepath Find a Hortgage Find a Lender Search Resources Affordable Housing Solutions Community Land Trust Fannie Mae offers four special mortgage options that lenders and nonprofit organizations can combine with Fannie Mae's three Community Lending mortgage products to create a mortgage that is tailored more specifically to a borrower's home-buying needs. Community Land Trust is one of the four special mortgage options. Community Land Trust is an option that nonprofit organizations can use to provide and preserve long-term affordable housing for Iow- and moderate-income families. Typically, a nonprofit organization acquires and holds land for the benefit of a community. The community land trust retains title to the land but sells the homes under long-term ground leases to Iow- and moderate-income families at affordable ground rents. A lender originates a first leasehold mortgage loan using one of Fannie Mae's three basic Community Lending mortgages, and Fannie Mae purchases the leasehold mortgage from an approved lender. Fannie Mae's suite of Community Lending mortgage products and options is designed to help borrowers overcome ]In Affordable Housing Soluti.ons Community Land Trust Community Seconds Employer-Assisted Housing Environmentally Efficient Housing Faith-Based Initiative Fannie 3/2 Fannie 97 FannieNeighbors Fannie Mae's Community Home Buyer's Program Home Improvement Loans Lease-Purchase Loans for Native Americans Loans for People with Disabilities Manufactured Housing Minority- & Women-Owned Lenders MyCommu nityl~lortgage Reverse Mortgages for Seniors Rural Housing Loans Women-Headed Households Initiative the two primary barriers to homeownership: lack of down payment funds and qualifying income. Community Lending mortgage products and options have special affordabllity feature.s, including: s lower cash requirements for down payment and closing costs; · reduced income requirements to qualify; and · a higher debt allowance and loan-to-value ratio than required for traditional conventional mortgages. In most cases, face-to-face home-buyer education is required. Generally, a borrower is eligible if the household income is no more than 100 percent of the median income in the area where the home is located. Some exemptions include higher median income limits in certain high-cost areas; loans made in cooperation with government agencies that have higher income limits; if the property is located in an area designated by HUD as underserved, in an eligible minority or Iow- income census tract, or in a central city. If you are a professional in the mortgage or housing fields interested in conducting business with Fannie Mae, please visit our business-to- business Web site, www.eFannieMae.com, for additional information on these mortgage options. If you're a home buyer or current homeowner, Fannie Mae has developed a large array of innovative mortgage products available to http ://www. fanniema.../landtrust .jhtml?p=Affordable%20Housing~/o20&%20Community%20Developmen 2/7/2003 ~:,:orcao~:e .~.ous~ng o~ ,~ommurm~j ~,evetopmem: ~rorca:.~e ;z.ousmg :5OlUtlOnS: commumty LanQ 'l'rustt'age g oI z you through a nationwide network of appro-ve-d lenders listed in Fannie Mae's For Home Buyers & Homeowners section. Use our Find a Mortgage feature in the For Home Buyers & Homeowners section to locate a lender in your area offering the mortgage product that best suits your needs. The Fannie ~lae-approved lender you select can work with you to help find a Iow-cost mortgage that meets your needs. ©1998-2003 Fannie Mae Contact Us FAQ Site Map Search Legal http://www, fanniema.../landtrust.jhtml?p=Affordable%20Housing%20&%20Community%20Developmen 2/7/2003 13 PCJ Article: Community Land Trusts: An Introduction Page 1 of 6 PlannersWeb IPLANNING COMMISSIONERS JOURNAL Community Land Trusts: An Introduction by Tom Peterson Other Articles Online prio~ & I about ordering do~oad I i nformatior~ IAbout the Author I [From Issue 23, page 10, of the PCd, Summer 1996] They develop affordable housing, commercial space, and parks while promoting homeownership, historic preservation, local control, and neighborhood revitalization. They are currently operating in 31 states and the District of Columbia. Their numbers in the U.S. have grown t~om fewer than 30 just 8 years ago to 84 today, with another 23 under development. They are community land trusts and if there is not one already in or near your community, it's probably just a matter of time before there will be. Just what are community land trusts and what has fueled their proliferation? What have they done for the cornrmmities they serve? More importantly, can they help your communityg. There are essentially two types of land trusts: conservation trusts, which acquire and protect open space and agricultural land; and community land trusts (CLTs), which tend to focus more on housing and community development. This article will introduce youto CLTs. The modem community land trust model was developed in the 1960s by community activists who conceived a democratically controlled institution that would hold land for the common good and make it available to individuals through long-term land leases. The roots of the CLT approach lie in sources as diverse as: the religious and ethical principle that there is both an individual and a community interest in land; India's "Gramdan" system where villages act as trustees of land made available for individual use; and European and North American "land bank" programs in which public agencies hold and then sell or lease land, often to help preserve family fanning or encourage economic development. The Functions of a Community Land Trust Community land trusts typically acquire and hold land, but sell off any residential or commercial buildings which are on the land. In this way, the cost of land in the housing equation is minimized or http://www.plannersweb, com/articlesdpet 112.hlxnl 2/7/2003 14 PCJ Article: Commumty Land Trusts: An Introduction Page 2 of 6 eliminated, thus making the housing more affordable. The land leases, in addition to being long-term (typically ninety-nine years) and renewable, are also assignable to the heirs of the leaseholder. Most, if not all, CLTs have in place "limited equity" policies and formulas that restrict the resale price of the housing in order to maintain its long-term affordability. These features of the community land trust model provide homeownership opportunities to people who might otherwise be left out of the market. Higher rates ofhomeownership help stabilize and strengthen communities. Establishment of community land trusts began to take offin the early 1980s. The number of active CLTs in the U.S. has more than tripled since 1987, as communities have come to see the versatility and value of CLTs. See Sidebar, "Third-Sector Housing" In most cases, community land trusts have been formed as a grass-rOots response to specific local needs. As a result, there is considerable diversity in the roles that CLTs play. Many rural CLTs have been established to ensure access to land and housing for low-income people and to preserve family farms. Urban CLTs often deal with combating the negative effects of speculation and gentrification. Most community land trusts focus on increasing homeownership, which sometimes includes educating potential homebuyers on establishing credit, applying for a mortgage, and maintaining a home. A number of CLTs have also acted as developers of special needs housing or group homes, rental housing and even commercial space for lower income entrepreneurs. From a planner's perspective, it is important not to confuse community land trusts with real estate trusts. Real estate trusts are private entities formed to hold property for the good of specific beneficiaries. They are generally closed arrangements with no public input. In contrast, CLTs are democratically-controlled, non-profit corporations with an open membership and an elected board of trustees. While members have a say in the policies and activities of the CLT, there is no personal ownership of any portion of any assets which the CLT may own or control. Community land trusts are, by design, a way to link the individual members of a community with that community's resources and challenges. Community Land Trusts & Local Planning What is the relationship between a community land trust and the local planning body? In situations where the community land trust is serving a development role, the CLT will often appear before the planning body as an applicant. In fact, the more active and sophisticated CLTs are some of the more frequent (and experienced) applicants to come before local commissions and boards. CLTs often take on the thornier projects which for-profit developers usually avoid. As a result, CLT projects are likely to involve some of the more controversial applications to come before the local board. See Sidebar, "The Sarah Cole House" Proposals to develop shelters, SROs, or other types of housing for low-income people often elicit NIMBY reactions. CLTs, as community-based organizations, usually do extensive outreach and education to build support and understanding of their project. If opponents are inclined to pack a heating to protest a project, CLTs are just as likely to balance the scales by soliciting testimony in support of a project. Most commissioners, regardless of their political leanings, would prefer to hear balanced testimony, especially on controversial projects. In municipalities whose comprehensive plans seek to encourage a broader range of housing options, community land trusts can play a valuable role in helping to implement plan policies. Some cities and towns, for example, are pursuing "inelusionary zoning" as a way to make sure that new development http://www.plannersweb.com/artieles/pet 112.html 2/7/2003 PCJ Article: Community Land Trusts: An Introduction Page 3 of 6 includes an affordability component. Inclusionary zoning ordinances often require developers to provide a certain percentage of affordable units in their projects. Community land trusts, through their skills and resources, can help for-profit developers meet such affordability requirements. The role of the community land trust as a vehicle for helping a municipality implement its housing and community development policies could account for the dramatic increase in the number of CLTs in the past decade. In many communities, the nonprofit infrastructure (including CLTs) has grown in importance. Community land trusts, though otten allied with City Hall, operate outside and independent of municipal government. One benefit of this is that CLTs are insulated, to a large degree, from the shifting winds of local politics. Another appeal of community land tmsts from a planning perspective is the fact that CLTs often tackle the most difficult projects in the most distressed neighborhoods. Community land trusts, having a combination of skills in neighborhood organizing, community development, and financing packaging, are well-suited to tackle such projects. With the land trust philosophy of long-term stewardship and affordability, neighborhood stabilization is a more likely result. See Sidebar, "Community Land Trusts: An Inside Look" It is also important to note that properties developed by land trusts pay local property taxes. While appreciation in land value is typically limited through the terms of the CLT's long-term lease, this is comparable to the impact that other types of restrictive covenants or easements may have on land values. Moreover, by creating new housing and stabilizing neighborhoods, land trusts work to strengthen the local economy and tax base. The more active and sophisticated CLTs have become very good at patching together diverse and creative financing packages for their projects. It is not at all uncommon for one project to have five or more sources of funding that may include commercial mortgages and construction loans, HUD loans and grants, state housing finance agency dollars, private foundation loans and grams, tax credit dollars, and even pension fund investments. While establishing and maintaining this network of funding sources can impose a significant administrative burden for the CLT, it also keeps the organization from putting all its financial eggs in one basket, keeping it lean and flexible. Having multiple funding sources also means that a wide variety of standards and regulations must be met to satisfy each source. CLT projects must typically meet strict requirements for housing quality, energy efficiency, historic preservation, handicapped accessibility, lead, asbestos, and other environmental mitigation, and levels of affordability. The entire community benefits from this thorough approach to development. Summing Up: The modern community land trust movement is still young. Some CLTs have yet to develop their first unit of housing. Others have limited missions or small service areas. Even the oldest CLTs have each developed housing that numbers in the hundreds of units - not in the thousands. But through increased acceptance and sophistication, community land trusts are establishing themselves as valued and vital players in the long-term health of their communities. For planners, CLTs can become a valuable resource in implementing the community's long-range planning policies. http ://www.plannersweb.com/articles/pet 112.html 2/7/2003 PCJ Article: Community Land Trusts: An Introduction Page 4 of 6 Sidebars: The Sarah Cole House by Tom Peterson The Sarah Cole House is located in Burlington, Vermont's "Hill" section. This part of the city includes many large nineteenth century homes built by lumber barons and merchants for their families when Burlington was a bustling port city on Lake Champlain. Over the last two decades, the Hill section has changed dramatically. One after the other, these great old homes have been converted to college offices, dorms, fraternity houses, apartments, and rooming houses. These changes have brought predictable problems of noise, traffic, lack ofparking~ and deferred maintenance. The City of Burlington's Community and Economic Development Office encouraged the Burlington Community Land Trust (BCLT) to take the lead in developing and managing a single-room occupancy project that would serve homeless low income single women (or women at risk of losing their housing) -- a pressing social need in the community. The BCLT located a large house in the Hill section that was suited for this use -- a house that already had a history as an owner-occupied rooming house. When the new use was first proposed, neighbors saw it as just another assault on the character of their neighborhood. "There was a general trend which concerned us, of single-family homes being converted to multi-family and institutional use," said longtime resident Todd Lockwood. Lockwood and his fellow homeowners mobilized to express their concerns to the local zoning board. Who would be living there? Where would they park? Would there be house roles? How would the building be maintained? If the neighbors had complaints, who would address them? The BCLT listened to these concerns and responded with an appropriate site plan, staffing plan, and house rules. The opposition was dropped by all but one neighbor, and the project was given zoning approval. Despite having had resident owners, the building had fallen into serious disrepair. After receiving its zoning permit, the BCLT began a comprehensive rehab of the building and its grounds. When asked to compare the building's appearance now to its previous condition, Lockwood acknowledges that "It's clearly a nicer thing for the neighborhood. It's better maintained." Community land trusts like to pride themselves not only on getting needed housing projects developed, but on being responsive to residents' concerns. While this can be difficult when siting a group home or shelter, listening to reasonable concerns of neighbors, and taking the time and effort to address them, is vital to a project's success. Return to text of article http://www.plannersweb.com/articles/pet 112.html 2/7/2003 17 PCJ Article: Community Land Trusts: An Introduction Page 5 o1'6 Third-Sector Housing by John Emmeus Davis In many areas of the country, the 1980s witnessed a wholesale retreat by for-profit developers and investors away from the production of affordable housing, particularly rental housing. Several factors lay behind this shift. For-profit developers were drawn into the more lucrative business of producing luxury housing for upper-income buyers in speculative markets where real estate values were soaring. Public controls over the use and development of land frequently excluded affordable, multiunit projects from suburban communities .... The most significant factor in spurring the retreat of private,investors, however, was the Tax Reform Act of 1986. The changes wrought by this act were devastating to investment in low-income housing. It lengthened the depreciable life of rental housing from 15 to 27.5 years; it raised the rate of taxation on capital gains; it increased the minimum taxes and restrictions on passive losses; and it eliminated the favorable tax status of industrial development bonds, which many state and local housing finance agencies had used to provide below-market financing for rental housing .... The disappearance of profit-oriented investors fi~om the affordable housing field created something of a vacuum. If housing was still going to be constructed and rehabilitated in lower-income neighborhoods, municipal officials were going to have to find new investors and new partners to fill this void. They discovered, in some cities, a nonprofit infrastructure of community-based organizations ready and willing to play this role .... Public-private partnerships between municipal housing agencies and nonprofit housing developers ... can serve as something of a strategic end mn around ideological, financial, or political limits that can render a city all but helpless in addressing complex problems like affordable housing .... Third sector housing [i.e., nonprofit housing designed to meet public and social needs] encompasses many models of privately owned, socially oriented, price-restricted housing, including several that come close to traditional owner-occupied housing. Generally known as limited equity housing or limited equity homeownership, these models have held great appeal for municipal officials who had hoped to help selected tenants become independent homeowners but who discovered that public funds were inadequate to close the widening gap.between tenancy and homeownership .... Initial affordability is only one of the attributes of the housing being produced by these community-based nonprofits. A more distinctive (and significant) feature is the continuing affordability of much of it .... It is the perpetuation of affordability, more than its initial creation, that makes the housing produced by nonprofit developers fundamentally different from the housing produced by their for-profit counterparts .... A contractual limit is placed on the future price at which the property's units may be rented or resold, preserving thek affordability for a targeted class of low-income or moderate-income residents [generally an appreciation formula is used which adjusts the initial purchase price for inflation, and includes the value of any improvements made to the property] .... By design and intent, the housing is to remain affordable far into the future. Excerpted with the author's permission from "Toward a Third Sector Housing Policy," by John Emmeus Davis in The Affordable City (Temple University Press, 1994). John Davis heads the Housing Division of the City of Burlington, Vermont's, Community & Economic Development Office, and has authored and http://www.plannersweb.com/articles/pet 112.html 2/7/2003 18 :re.; mruc~te: ,..ommumry ._.anc ~. rusts: An :_ntrocuctlon Page 6 ot o edited several books on housing. Return to text of article Community Land Trusts: An Inside Look by Tom Peterson should a planner be looking for when assessing the structure and capacity of a community land trust? · Incorporation -- To be an effective player, a community land trust should be incorporated. · Non-profit status -- Helps ensure eligibility for certain funding and offers checks and balances to make sure the organization is not used for personal gain. · Member-based -- Though not absolutely necessary, this offers another level of accountability to the · Board composition -- Do the bylaws proscribe a specific board composition? If so, does the membership have adequate representation? Does the community? · Board & staff sldlls -- If the CLT is going to undertake development, is there adequate financial and development expertise at the staff or board level? · Mission -- What is the stated mission of the organization? How does it fit in with your community% master plan? · Funding - How is the organization funded? How stable are those sources of funds? Are there local public funds that could be directed toward CLT projects? · Technical support -- Does the CLT have access to good technical support resources? What are those resources? Return to text of article Please note that this article is copyright protected by the Planning Commissioners Journal. You are welcome to download or print the article for your own personal use -- or to provide a link to this article fi.om another Web site. For other use of the article, please contact the Planning Commissioners Journal. IplannersWeb PLANNING COMMISSIONERS JOURNAL] http ://www.plannersweb. corn/articles/pet 112.htrrfl 2/7/2003 19 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: Richard Fursman, City Manager Shann Finwall, Associate Planner Rezoning and Comprehensive Land Use Plan Change City of Maplewood 189, 209, 211 and 215 Larpenteur Avenue and 1701 Adolphus Street March 12, 2003 INTRODUCTION Project Description The city has acquired five single-family houses located on the northwest comer of Larpenteur Avenue and Adolphus Street with the city's Housing Replacement Program funds. (See location map on page 8.) As you recall, the city originally purchased three of these houses after they were flooded during a rainstorm in April 2001. The two adjacent older houses, which were not flooded, were purchased by the city last year in order to combine all five properties to create a more comprehensive land use plan. The city is now proposing to rezone and change the comprehensive land use plan for the five city-owned properties (189, 209, 211 and 215 Larpenteur Avenue and 1701 Adolphus Street). The city is proposing this change to accommodate the development of up to 11 townhouse units in the future. The development of the townhouse units will require a separate review and is not being considered at this time. Requests To proceed with this proposal, the city council must approve the following: Zoning change for the five city-owned properties from single-dwelling residential (R-l) to multiple-dwelling residential (R-3); and Comprehensive land use plan change for the five city-owned .properties from single- dwelling residential (R-l)to medium multiple-dwelling residential (R-3M). Background On December 13, 1999, the city council approved a Housing Replacement Program in order to improve the condition of the city's housing stock. On July 23, 2001, the city council authorized the purchase of three houses at 209, 211 and 215 Larpenteur Avenue with Housing Replacement Program funds. On March 4, 2002, the planning commission reviewed the redevelopment options for the Larpenteur Avenue properties and agreed that if all five lots were obtained, rezoning to a higher density would be a good redevelopment strategy. On April 9, 2002, the Housing and Redevelopment Authority (HPA) reviewed the redevelopment options for the Larpenteur Avenue properties and recommended that the city maximize the returns from the three lots purchased by purchasing the adjacent two lots and developing townhouses. On May 13, 2002, during a city council workshop, the city council directed staff to negotiate the purchase of 1701 Adolphus Street and 189 Larpenteur Avenue. The city council also stated that the townhouse approach for the area seemed appropriate. On September 23, 2002, the city council authorized the purchase of 189 Larpenteur Avenue with Housing Replacement Program funds. On October 28, 2002, the city council authorized the purchase of 1701 Adolphus Street with Housing Replacement Program funds. On December 9, 2002, during a city council workshop, the city council authorized city staff to begin the public hearing process for the rezoning and comprehensive land use plan change from single-dwelling residential (R-l) to medium multiple-dwelling residential (R-3M). DISCUSSION Existing Conditions Four of the houses have been demolished (189, 209, 211 and 215 Larpenteur Avenue). The previous owners are renting the house at 1701 Adolphus Street until their new house is built in the spring or early summer of this year. Demolition of this last house will be accomplished by the city soon after. The combined land area of all five lots is 79,992 square feet, or 1.84 acres. Approximately two- thirds of this area is considered developable because of the pond and required setbacks from the pond, as well as a future storm sewer to be placed in the center of the property. Zoning and Land Use Changes All five city-owned lots are zoned and guided as single-dwelling residential (R-l). (See attached exiSting zoning and land use maps on pages 9 and 10.) Properties located on the comer of Larpenteur Avenue and Agate Street, directly to the west of the five city-owned properties, are planned and zoned double-dwelling residential (R-2). The opposite corner, across Agate Street, is planned and zoned multiple-dwelling residential (R-3). Therefore, changing the five city-owned properties to a higher-density zoning district and land use plan classification will complement the existing land uses. The city council reviewed two redevelopment proposals for the Larpenteur Avenue properties last December. (See redevelopment proposals attached separately.) Proposal One shows the five lots rezoned to double-dwelling residential (R-2) for a total of six units, and Proposal Two shows them rezoned to medium multiple-dwelling residential (R-3M) for a total of 11 units. Proposal One - Double~Dwellinq Residential: Within the R-2 zoning district, the permitted uses include single and double-dwelling units (no multi-unit townhouses). The city's comprehensive plan does not define the maximum density allowed within the R-2 zoning district. Therefore, the density is limited by the allowable lot size and lot width as defined in the city's zoning code. Larpenteur Avenue Properties 2 March 12, 2003 Within the R-2 zoning district, the lot size and width required for double dwellings is 12,000 square feet in area and 85 feet in width for interior lots and 100 feet in width for corner lots. The five city-owned properties combined equals 79,992 square feet in area. Dividing the lot area by 12,000 square feet would create a total of 6.66 double dwellings, or 12 units, that could be constructed on the lot. However, due to the inflexible lot-width requirements, the total number of double dwellings that could actually be constructed on the five city-owned properties would be three (six units). Proposal Two - Medium Multiple-Dwellin,q Residential: Within the R-3 zoning district, the permitted uses include multiple dwellings (including multi-unit townhouses). Within the city's comprehensive plan, the maximum density allowed within the R-3M land use is six units per acre. If the five city- owned properties were rezoned to R-3M, a maximum of 11 townhouse units could be constructed (1.84'acres times six units equals 11.04 units). The R-3 zoning district is also less restrictive than the R-2 zoning district with no minimum lot size or lot width. Because of the inflexible nature of the R-2 zoning district, the city council felt that the best rezoning and land use plan change alternative would be R-3M. (See proposed rezoning and land use change maps on pages 11 and 12.) This scenario would allow for a maximum of 11 townhouse units on the five city-owned properties. Redevelopment Scenario In the newly created single-family Gladstone Park plat, the city was successful in acting as the developer in platting and selling the land. Staff foresees the same development scenado with the Larpentuer Avenue properties. The city should change the zoning and comprehensive land use plan to reflect the desired number of units. Once this is complete and all houses are removed from the site, the city's public works department should prepare the site for development including installing' storm sewer and rough grading. Unlike the single-family Gladstone Park plat, however, platting of a townhouse development is not possible until a development proposal is created. This proposal would be finalized after the sale of the land to a builder. Committee Actions On February 19, 2003, the planning commission recommended approval of the zoning change from single-dwelling residential (R-l) to multiple-dwelling residential (R-3) and the land use plan change from single-dwelling residential (R-l)to medium multiple-dwelling residential (R-3M). The planning commission also made a motion to allow no-more than 8 units on the property for this proposal and that the city be held to the same development and design standards required by pdvate developers. (Refer to the 2/19/03 planning commission minutes attached on pages 15 through 19.) RECOMMENDATIONS Adopt the zoning map change resolution on page 13. This resolution changes the zoning map for five city-owned properties (189, 209, 211 and 215 Larpenteur Avenue and 1701 Adolphus Street) from single-dwelling residential (R-l) to multiple-dwelling residential (R-3). The city is making this change because: The proposed change is consistent With the spirit, purpose and intent of the zoning code. Larpenteur Avenue Properties 3 March 12, 2003 of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Adopt the land use plan change resolution on page 14. This resolution changes the comprehensive land use plan map for five city-owned properties (189, 209, .211 and 215 Larpenteur Avenue and 1701 Adolphus Street) from single-dwelling residential (R-l) to medium multiple-dwelling residential (R-3M). The city is making this change because: ao The site serves well as a transition between the double-dwelling property to the west and the commercial property to the east. The site meets the city's policies for medium multiple-dwelling residential uses since it: 1) Includes a variety of housing types for all types of residents. 2) Supports innovative subdivision and housing design. The site meets the city's goals for medium multiple-dwelling residential uses since it: 1) Provides for orderly development. 2) Protects and strengthens neighborhoods. 3) Preserves significant natural features where practical. 4) Minimizes the land planned for streets. 5) Minimizes conflicts between land uses. 6) Provides a wide variety of housing types. 7) Integrates developments with open space areas, community facilities and significant natural features. Larpenteur Avenue Properties 4 March 12, 2003 CITIZEN COMMENTS I surveyed the owners of the 17 properties within 350 feet of the five city-owned properties. Of the eight responses received, one was in favor of the proposal, three were in favor with minor concerns, and four were opposed: In Favor Anonymous: We would be in favor of a zone change if you put in a higher-class townhouse that would be purchased rather than rented. We would not want to see Iow- rent housing put in because we consider that to be more of a burden to us taxpayers for maintenance and policing. We already have a drug problem in the park down the block. Concerns Shirley M. Taugner, 1730 Agate Street N: Although I have no current objection to the proposed rezoning, I have concerns regarding parking for 11 townhomes in that small area and possible traffic implications on Larpenteur so close to 35E and with the existing speed limit. Shirley Walker, 1748 Onacrest Curve N: I would have no problem with nice town houses being built providing they are sold to individual owners not as rentals. Rental units can mean problem units. Thank you. Michael & Glenndy Sculley, 1736 Onacrest Curve N: We would probably prefer single- family housing, but townhomes are OK. We would support this proposal - but we hope this will be affordable housing. Against Allan C. Button, 1744 Onacrest Curve N: We would rather not have you rezone the property. We would like to see single dwelling (R 1) houses built there, but with the land filled in so they would be on higher ground which would reduce the chance of flooding. Loretta B. Lonetti, 1722 Agate Street N: I would like to see them stay single-dwelling residential - no changes. L.E. Bettinger, 1714 Agate Street N: We would like to keep neighborhood in single- dwelling residential- R 1. We .have enough apartments, townhouses and projects around this neighborhood; we don't need any more around here. There is enough traffic and noise with 35E & Larpenteur Avenue, with the bus stop at the end of Larpenteur and Agate. It is very noisy and polluted in summertime now. Charles J. Berglund, Sr., 1699 Agate Street N: We could use more open space on this side of Maplewood. I believe this would be a perfect spot for a nature trail with parking off of Adolphus Street. Paved trails with lighting, clean up around the pond. This could be a rare chance to do something nice with this area. Don't we really have enough townhouses? Larpenteur Avenue Properties 5 March 12, 2003 REFERENCE INFORMATION SITE DESCRIPTION Site Size: Existing Land Use: 79,992 square feet, or 1.84 acres Vacant Land SURROUNDING LAND USES North: South: East: West: Pond (Zoned Open Space) City of St. Paul Single Family Homes Duplex (Zoned R-2) Sinclair Gas Station (Zoned BC) PLANNING Existing Zoning: Existing Land Use: Single-Dwelling Residential Single-Dwelling Residential CRITERIA FOR APPROVAL Rezoning: Section 36-485 of the zoning code requires that the city council make the following findings to rezone prope~y: ao The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. Co The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Land Use Plan Change: There are no specific criteria for land use plan changes. Any change, however, should be consistent with the goals and policies in the comprehensive plan. Seven specific goals apply to this proposal: a. Provide for orderly development. b. Protect and strengthen neighborhoods. c. Preserve significant natural features where practical. d. Minimize the land planned for streets. Larpenteur Avenue Properties 6 March 12, 2003 e. Minimize conflicts between land uses. Provide a wide variety of housing types. Integrate developments with open space areas, community facilities and significant natural features. In addition, three specific residential policies apply to this proposal: Include a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, townhouses, manufactured homes, single-family housing, public-assisted housing and Iow- and moderate-income housing, and rental and owner-occupied housing. Support innovative subdivision and housing design. The city will not approve new developments without providing adequate facilities and services, such as streets, utilities, drainage, parks and open space. P:comdev~sec18\Larp. Prop. Rezoning Attachments: 1. Location Map 2. Existing Zoning Map 3. Existing Land Use Map 4. Proposed Zoning Map 5. Proposed Land Use Map 6. Zoning Map Change Resolution 7. Land Use Plan Change Resolution 8. February 19, 2003, Planning Commission Minutes 9. Redevelopment Proposals (Separate Handout) Larpenteur Avenue Properties 7 March 12, 2003 Attachment 1 Larpenteur Avenue / Location Map 8 Attachment 2 189.1; 209 ~::21 li 2~15' Larpenteur Avenue City of St. Paul LU R-I' Single-Dwelling Residential R-2: Double-Dwelling Residential R-3: Multiple-Dwelling Residential B-C: Business Commercial Existing Zoning Map 9 Attachment 3 Open Space 189 :' 209 211 215 Larpenteur Avenue City of St. Paul R-3H UJ R-l: Single-Dwelling Residential R-2: Double-Dwelling Residential R-3M: Medium Multiple-Dwelling Residential R-3H: High Multiple-Dwelling Residential LBC: Limited Business Commercial N Existing Land Use 10 Attachment 4 City of St. Paul Larpenteur Avenue UJ R-i: R-2: R-3: B-C: Single-Dwelling Residential Double-Dwelling Residential Multiple-Dwelling Residential Business Commercial N S Proposed Zoning Map 11 Attachment 5 City of St. Paul Open Space Larpenteur Avenue R-3H LLI R-l: Single-Dwelling Residential R-2: Double-Dwelling Residential R-3M: Medium Multiple-Dwelling Residential R-3H: High Multiple-Dwelling Residential LBC: Limited Business Commercial 1N Proposed Land Use Map 12 ZONING MAP CHANGE RESOLUTION Attachment 6 WHEREAS, the City of Maplewood has proposed a change to the city's zoning map from single-dwelling residential (R-l) to multiple-dwelling residential (R-3). WHEREAS, this change applies to 189, 209, 211 and 215 Larpenteur Avenue and 1701 Adolphus Street, Maplewood, Minnesota. WHEREAS, the history of this change is as follows: On February 19, 2003, the planning commission recommended that the city council approve the rezoning change. On ., 2003, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public headng whereby all public present were given a chance to speak and present written statements. The city council also considered rePorts and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described change in the zoning map for the following reasons: The proposed change is consistent with the spidt, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. The Maplewood City Council adopted this resolution on ,2003. 13 Attachment 7 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the City of Maplewood has proposed a change to the city's land use plan from single-dweiling residential (R-l)to medium multiple-dwelling residential (R-3M). WHEREAS, this change applies to 189, 209, 211 and 215 Larpenteur Avenue and 1701 Adolphus Street, Maplewood, Minnesota. WHEREAS, the history of this change is as follows: 1. On February 19, 2003, the planning commission held a public headng. City staff published a hearing notice in the Maplewood Review~and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present wdtten statements. The planning commission recommended that the city council approve the plan amendments. 2. On ,2003, the city council discussed the land use plan changes. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described land use plan change for the following reasons: 1. The site serves well as a transition between the double-dwelling property to the west and the commercial property to the east. 2. The site meets the city's policies for medium multiple-dwelling residential uses since it: a. Includes a vadety of housing types for all types of residents. b. Supports innovative subdivision and housing design. 3. The site meets the city's goals for medium multiple-dwelling residential uses since it: a. Provides for orderly development. b. Protects and strengthens neighborhoods. c. Preserves significant natural features where practical. d. Minimizes the land planned for streets. e. Minimizes conflicts between land uses. f. Provides a wide variety of housing types. g. Integrates developments with open space areas, community facilities and significant natural features. ,2O03. The Maplewood City Council adopted this resolution on 14 Attachment 8 PARTIAL MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, FEBRUARY 19, 2003 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Commissioner Commissioner Comm,ssloner Commissioner CommissIoner Commissioner Commissioner Commissioner Tushar Desai Mary Dierich Lorraine Fischer Matt Ledvina Jackie Monahan-Junek Paul Mueller Gary Pearson William Rossbach Dale Trippler Absent Absent Present Absent Present Present Present Present Present Staff Present: Tom Ekstrand, Assistant Community Development Director Ken Roberts, Associate Planner Melinda Coleman, Assistant City Manager Bruce Anderson, Parks & Recreation Director Chris Cavett, Assistant City Engineer Lisa Kmll, Recording Secretary PUBLIC HEARING Larpenteur Avenue Redevelopment Site (City of Maplewood) Mr. Roberts said the city has acquired five single-family houses located on the northwest comer of Larpenteur Avenue and Adolphus Street with the city's Housing Replacement Program funds. The City of Maplewood originally purchased three of these houses after they were flooded during a rainstorm in April 2001. The two adjacent older houses, which were not flooded, were purchased by the city last year in order to combine all five properties to create a more comprehensive land use plan. 15 I '1 I ] I Mr. Roberts said the city is proposing to rezone and change the comprehensive land use plan for the five city-owned properties (189, 209, 211 and 215 Larpenteur Avenue and 1701 Adolphus Street). The city is proposing this change to accommodate the development of up to 11 townhouse units in the future. The development of the townhouse units will require a separate review and is not being considered at this time. Mr. Roberts said the combined land area of all five lots is 79,992 square feet, or 1.84 acres. Approximately two-thirds of this area is considered developable because of the pond and required setbacks from the pond, as well as a future storm sewer to be placed in the center of the property. The city council reviewed two redevelopment proposals for the Larpenteur Avenue properties last December. Proposal One in the staff report shows the five lots rezoned to double-dwelling residential (R-2) for a total of six units, and Proposal Two shows them rezoned to medium multiple-dwelling residential (R-3M) for a total of 11 units. Mr. Roberts said in the newly created single-family Gladstone Park plat, the city was successful in acting as the developer in platting and selling the land. Staff foresees the same development scenado with the Larpenteur Avenue properties. Mr. Roberts said the city should change the zoning and comprehensive land use plan to reflect the desired number of units. Once this is complete and all houses are removed from the site, the city's public works department should prepare the site for development including installing storm sewer and rough grading. Unlike the single-family Gladstone Park plat, however, platting of a townhouse development is not possible until a development plan is approved. This proposal would be finalized after the sale of the land to a builder. Commissioner Trippler stated he thought when the planning commission looked at this before it was decided that the exit should not be onto Larpenteur Avenue because of traffic concerns. He asked staff if that had changed? Mr. Roberts said traffic is still a concern of the city. He said the plan that is included in the staff report is a conceptual plan done by staff. If there were a creative or innovative developer they would like to have the exit onto Adolphus Street. The factors that come into play are the storm sewer, the pond and the number of units and the way it lays out. 16 Commissioner Rossbach said he thinks it is critical that the city has the same standards that the city asks the developer to have. He thinks the city should stay with the same density that was there already. The Metropolitan Council has already accepted the density standards. In the one plan that shows the six units that violates the front yard setback ordinances. There are homes on the street already. He believes the city should not exceed the density that is currently in place with the 13,-1 lots. Chairperson Fischer asked if anybody in the audience wanted to speak on this proposal. Ms. Shirley Taugner at 1730 Agate Street N., Maplewood, addressed the commission. She thinks it should remain five residential single-family homes. Having more homes in there mean more cars coming and going onto Larpenteur Avenue. When Champp's restaurant has holiday parties it is very busy and very difficult to get out onto Larpenteur Avenue. She asked if the residents would have to pay for the sewer? She said the pond in the back of that area is filled with tires, refrigerators, bikes, etc. from people throwing things in that pond for over forty years. It is going to be a big job. Mr. Roberts said no, the city or the developer would be responsible for that. The city is not going to completely drain the pond but just put a pipe in the pond so if it gets to a certain level it will empty out. Ms. Taugner asked staff if these townhomes will be rental or will people own them? Mr. Roberts said that has not been decided yet. This is just a preliminary meeting. Ms. Taugner said I guess you don't know too much at this point then. Ms. Barb Bettinger at 1714 Agate Street N., Maplewood, addressed the commission. She asked with the 11 proposed housing units, how tall are they going to be and how many levels are they going to be? Mr. Roberts said at this point the city does not have any design details yet. It could be designed in a number of different ways. This is simply to determine the number of units to have on the property. Ms. Bettinger said she would like to keep the neighborhood as single-family housing. She doesn't want the traffic to increase anymore on Larpenteur Avenue. There is also a bus stop on Larpenteur Avenue, which adds to traffic. She asked if it would be Iow rent or subsidized housing? 17 Mr. Roberts said based on the amount of money the city has invested in this project from buying these homes it would not support Iow-income housing. None of this has been determined yet though. Commissioner Pearson asked staff if the sewer problems have been corrected or will it be a continuing problem? Mr. Cavett said the sewer problem was a problem in the main itself, When this gets proposed the city will bring in a private sewer main off of Adolphus will completely eliminate the sewer problem. The previous homes sat so Iow below the road. When this is redeveloped and re-graded this area would be raised quite a lot higher then the homes that were located there. Commissioner Rossbach moved to adopt the zoning map change resolution on page 13 of the staff report. This resolution changes the zoning map for five city-owned properties (189, 209, 211 and 215 Larpenteur Avenue and 1701 Adolphus Street) from single dwelling residential (R-l) to multiple dwelling residential (R-3). The city is making this change because: The proposed change is consistent with the spirit, purpose and intent of the zoning code. bo The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. Co The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. do The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Commissioner Rossbach moved to adopt the land use plan change resolution on page 14 of the staff report. This resolution changes the comprehensive land use plan map for five city-owned properties (189, 209, 211 and 215 Larpenteur Avenue and 1701 Adolphus Street) from single- dwelling residential (R-l) to medium multiple-dwelling residential (R-3M). The city is making this change because: ao The site serves well as a transition between the double-dwelling property to the west and the commercial property to the east. 18 The Site meets the city's policies for medium multiple-dwelling residential uses since it: l) 2) The site meets the city's goals for medium residential uses since it: 1) Provides for orderly development. 2) Protects and strengthens neighborhoods. Includes a vadety of housing types for all types of residents. Supports innovative subdivision and housing design. multiple-dwelling 3) Preserves significant natural features where practical. 4) Minimizes the land planned for streets. 5) Minimizes conflicts between land uses. 6) Provides a wide variety of housing types. 7) Integrates developments with open space areas, community facilities and significant natural features. Commissioner Rossbach made a motion to allow no more than 8 units on the property for this proposal. Also that the city should be held to the same standards that the city requires other developers to be held to. Commissioner Trippler seconded. Ayes - Monahan-Junek, Pearson, Rossbach, Trippler Nays - Fischer, Mueller Chairperson Fischer and Commissioner Mueller both voted nay due to the motion's condition of only allowing 8 units on the five-city owned properties. Chairperson Fischer and Commissioner Mueller both supported staff's recommendation for a total of 11 units. The motion passed. 19 ] ~ I I I 21 125.03' ;ARAGE FLOOR 170 ELEV. 856.4' ~25.03' FLO 856.4 MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Land Use Plan Change, Conditional Use Permit and Design Review Van Dyke Village West side of Van Dyke Street, north of County Road B March 4, 2003 INTRODUCTION Project -Description Mr. Bruce Mogren is proposing to build a 24-unit town house development on the vacant property on the west side of Van Dyke Street, north of County Road B. Refer to the applicant's statement on page 17 and the maps on pages 18-23. This development, called Van Dyke Village, would be primarily for work force housing for Iow and moderate-income families. There would be on-site management to help monitor and run the property. The proposal would have four, six-unit townhouse buildings. Each town house would have an attached garage and a patio area. There also would be 30 open parking spaces. The buildings would have exteriors of horizontal-lap steel siding with cedar trim boards. (See the plans on pages 24-30.) Requests The applicant is requesting that the city council approve: A change to the comprehensive plan. This change would be from BC (business commercial) and R-3(M) (residential medium density) to R-3(H) (residential high density). Please see the existing and proposed land use maps on pages 19 and 20. A conditional use permit (CUP) for that part of the development that would be on property zoned BC (business commercial). The code allows multi-dwellings on BC-zoned land by CUP. (The easterly portion of the site is zoned R3 [multiple dwelling residential]. The westerly portion is zoned BC.) Refer to the prOperty line/zoning map on page 22. 3. The building, site and landscape plans. BACKGROUND The property where Mr. Mogren is proposing this development went tax-forfeit in the early 1990's. In 1995 or 1996, the city acquired use deeds on these properties from the State of Minnesota. The city originally thought that the new Gladstone Fire Station might go on these properties or that the city would use part of the property for drainage or open space purposes. On March 27, 2000, the city council directed city staff and the Housing and Redevelopment Authority (HR, A) to buy from Ramsey County the four tax-forfeited properties on the west side of Van Dyke Street for the development of Iow to moderate or mixed income housing. On June 22, 2000, the city council adopted a resolution authorizing the reconveyance and the purchase of the tax-forfeited properties on the west side of Van Dyke Street for the development of Iow to moderate or mixed income housing. City staff, based on this council approval, bought this property from the county for the city. I ! T I ! On October 22, 2001, the city council, dudng the council/manager workshop, reviewed the proposed purchase agreement from Mr. Mogren to buy the subject property. The council was generally supportive of the proposal, subject to the applicant making changes to the purchase agreement as recommended by the city attomey. On December 17, 2001, the city council authorized city staff to finalize and prepare for signature the purchase agreement for Bruce Mogren to buy the city-owned properties on the west side of Van Dyke Street between County Road B and Cope Avenue. DISCUSSION Land Use Plan Change To build the proposed town houses, Mr. Mogren wants the city to change the land use plan for the site. This change would be from BC (business commercial) and R-3(M) (residential medium density) to R-3(H ) (residential high density). (See the existing and proposed land use maps on pages 19 and 20.) The city intends R-3(H) areas for a variety of housing including double dwellings, town houses or apartments of up to 16.3 units per gross acre. For BC (business commercial) areas, the city plans for offices, clinics, restaurants, day care centers and retail businesses and R-3(M) areas are intended for residential developments with up to 6 units per gross acre. Land use plan changes do not require specific findings for approval. Any change, however, should be consistent with the city's land use goals and policies. There are several goals in the Comprehensive Plan that apply to this request. Specifically, the land use plan has eleven general land use goals. Of these, three apply to this proposal including: Provide for orderly development. Minimize conflicts between land uses. Provide a wide vadety of housing types. The land use plan also has several general development and residential development policies that relate to this project. They include: Transitions between distinctly diffedng types of land uses should not create a negative economic, social or physical impact on adjoining developments. · The city coordinates land use changes with the character of each neighborhood. Include a vadety of housing types for all residents.., including apartments, town houses, manufactured homes, single-family housing, public-assisted housing, Iow- and moderate- income housing, and rental and owner-occupied housing. Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffeting and separation. The housing plan also has policies about housing diversity and quality that the city should consider with this development. They are: 2 · Promote a vadety of housing types, costs and ownership options throughout the city. These are to meet the life-cycle needs of all income levels, those with special needs and nontraditional households. The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. This is a good site for town houses. It is between two collector streets (Cope Avenue and County Road B), is near an arterial street (White Bear Avenue) and is near shopping and other services. In addition, this property would not be a great site for a commercial or retail business as it is hidden from the main commercial area along White Bear Avenue. A reason this property went tax-forfeit and has not yet been developed is poor soils. There are areas of poor soils on the property that the builder will have to correct as part of the development of the site. This is an expense that any developer would have to consider when putting a project together for this area. Mr. Mogren, while working with the city and the county on preparing the development proposal, told me that having at least 24 town houses is necessary to make the project feasible in financial terms. As proposed, the 24 units on the 3.56-acre site means there would be 6.74 units per gross acre. This project density is higher than the currently allowed density of six units per acre but significantly less than the maximum density standard (10.4 units per acre) in the comprehensive plan for town houses in high-density residential areas. However, for consideration of the increase in density and the PUD, the city should require the developer to construct the town houses with the same or a better level of architectural design and landscaping elements as Emma's Place. This would include the view of the development from Van Dyke Street and the size and quantities of the landscape materials. Workforce Housing Many of th® neighbors who contacted me expressed concerns about the proposed housing and the residents who would live there. Mr. Mogren is proposing to have 75 percent (18) units within this development for workforce housing, which is for low-to-moderate income residents. To qualify as a resident, Ramsey County sets the income levels based on the household size and their percentage of average median income of the Twin Cities area. For example, a three-person household at the 50 percent median income level has an annual income of about $34,500 per year and a three-person household at the 60 percent income level earns about $41,000 per year. These could be people working at the Maplewood Mall, Saint John's Hospital, teachers, police officers or others starting out in their careers. It is these types of working families that this development would serve. The proposed 24 town house units would have a mix of sizes and bedrooms -16 would have 3- bedrooms and 8 would have 2-bedrooms. Each unit will have a patio on the rear, will have a 1-car attached garage and have its own washer and dryer. As a note of comparison, Emma's Place is supportive housing. This is housing for persons with many needs and who need support services. This may include help with chemical dependency, money management issues, abusive relationships or other problems. This is not the type of housing Mr. Mogren is proposing with these town houses. The city's long-term stability of its tax base depends upon its ability to attract and keep residents of all ages and incomes. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle to meet housing needs. Conditional Use Permit As proposed, there would be 24 town houses on the 3.56-acre site (for an average of 6.74 units per acre). The proposed density is consistent with the city's high-density residential guidelines and slightly above the density standard for medium density development in the comprehensive plan. For comparison, Emma's Place to the south of the site has 13 town houses on a 2.24-acre site for and average of 5.8 units per gross acre. The comments we received from the neighbors were concerns about compatibility with the adjacent single-family neighborhood, the potential for nuisances, increased traffic, effects on property values, loss of open space and concerns relative to the management of this complex. (See the summary of the comments on page 14 and the letters on pages 34-35.) Compatibility Staff does not find a problem with compatibility in terms of land use. Townhomes are often built next to or across the street from single dwellings. A recent exampleis with the New Century Addition in south Maplewood. The developer, Robert Engstrom, is presently developing this neighborhood with a mix of single dwellings and townhomes. We have many other examples in Maplewood (including Southwinds along Beebe Road and Crestview Forest on Mailand Road) where this is the case as well. Nuisances A concern of some of the neighbors is unsupervised children hanging around the neighborhood. The neighbors told me that there have been more children loitering in the area and looking for places to play in their neighborhood since Emma's Place opened in 2002. This is a potential concern with children from any development. Monitoring this depends on parental and management supervision. The developer is proposing a tot-lot and on-site management to help with this situation. Traffic Traffic-generation data from the Institute of Traffic Engineers indicates that residential units like townhomes generate an average of seven vehicle trips per day. In this case, with 24 town houses, there would be about 168 vehicle trips per day generated by the site. In a 12-hour pedod, the 168 vehicle trips would mean an average of 14 vehicles per hour or one vehicle (on average) every 4.3 minutes. This would not be a large increase to the number of vehicles added to this neighborhood nor would it cause a large impact to the area. Property Values The Ramsey County Assessor's Office has told us in the past that multiple dwellings adjacent to single dwellings are not a cause for a negative effect on property values. If properly maintained and kept up, this development should not be detrimental to the neighborhood. The required annual review of the conditional use permit is a built-in safeguard to ensure that the city council will regularly review this development. As stated above, it is common that residential developers mix single dwellings and townhomes in their projects. This is an indication of their compatibility. Loss of Open Space Preserving this property as open space is not feasible. In 1992, Maplewood citizens voted to approve a $5 million referendum to purchase land throughout the city to hold as open space. This property was not one of the target sites that the city council and open space committee considered to save for open space. DESIGN AND SITE ISSUES Building Design and Exterior Materials The proposed buildings should be attractive and would have two stories above grade and each unit would have an attached garage. As proposed, the buildings would have an exterior of horizontal steel siding with cedar trim boards and vinyl-clad windows, and the roof would have asphalt shingles. (See the building elevation drawings on pages 27-29 and the proposed project plans). The developer has not yet proposed colors for the buildings. I would recommend that the colors of the buildings be primarily earth-toned rusts and creams (red, brown and tan) to closely match those of Emma's Place. City staff, however, is still concerned about the look of the development from Van Dyke Street. The applicant could do more with the buildings to make them look more interesting and more aesthetically pleasing (especially the building sides visible from the street). Such changes could include adding shutters, window grids and dormers in the roof area, having the second floor of the units extend out past the first floor at least one foot (to breakup the vertical face or wall of the building), add windows to both the first floor and the second floor, having the first floor and second floor each with a distinctive color and having more distinct vertical features at the common wall between the units. Since the initial submittal, the applicant's architect sent me a revised side elevation plan (page 29) that shows additional windows on the east elevation of the buildings. These windows are a welcome addition to the plans and should be required by the city. In addition, the architect told me that the buildings would have a two-tone color scheme with the lower floors having a different color than the upper floor (much like Emma's Place). These additions to the plans are good steps toward improving the looking of the development. In addition, having more landscaping near the street and around the foundation would help enhance the appearance of the building and the site. The building styles, with the proposed materials and recommended changes and colors, should be compatible with and equal in quality to the buildings in the area, including Emma's Place. City Engineer's Review Chds Cavett of the city engineering department has reviewed the proposed grading, drainage, utility and landscape plans. I have included his memo with his comments on pages 32 and 33. Public Utilities There are sanitary sewer, storm sewer and water in Van Dyke Street to serve the proposed development. Specifically, the storm sewer in Van Dyke Street was designed and installed to accommodate drainage from a large area north of County Road B. The developer's plans will connect their pipes to the existing storm and sanitary sewer pipes. Drainage The developer has designed the storm water drainage for this site to go into three rainwater gardens on the east side of the site (near Van Dyke Street). In times of large storms, storm water 5 may overflow out of these gardens into the existing city storm water system. The city will not need drainage and utility easements over the ponding areas, as they will be pdvate ponding areas. This project will need a permit from the watershed district. Sidewalk The applicant's plans do not show a sidewalk along Van Dyke Street. The city should require the developer to install a six-foot-wide concrete sidewalk from the sidewalk at Emma's Place to the north property line of the site (near the day care center). This sidewalk would facilitate pedestrian traffic from this development to County Road B and then to the Oasis Market and White Bear Avenue. In addition, the sidewalks should have pedestrian ramps where they intersect a driveway. Landscaping/Trees The applicant had his surveyor identify the large (greater than 8-inch) trees on the site. Most of the identified trees are cottonwood and elm, with a few willow and aspen as well. None of the trees that the surveyor identified meet the city's definition of a large tree that the city would have a developer try to save. The proposed site plan, however, does show the applicant saving some of the existing trees on the south, west and north sides of the site. The city should require the developer to preserve most of the existing vegetation along the north, west and south sides of the site. This existing vegetation in these areas will help provide screening of the existing businesses for the new residents. The proposed landscaping plan is a good start but it needs more work. It shows the developer planting at least 11 new large trees including 8 Balsam Fir and 3 Red Maple trees. In addition, the plans show the planting of a variety of ornamental trees and shrubs on the site and the landscaping for the three proposed rainwater gardens. The proposed plans (pages 27 through 29) show most of the site being graded and the construction of three rainwater gardens along Van Dyke Street. This will remove much of the existing vegetation and many of the existing mature trees on the property. The landscape plan does not show any planting around the units -whether in trees, shrubs or foundation plantings. In addition, the plans do not show any screening of the site and the buildings from Van Dyke Street. The city should require the developer to provide a revised landscape plan that would include the landscaping treatments for the areas around and near the town houses and to increase the landscaping/screening (including additional trees) between the proposed buildings and Van Dyke Street. Fencing/Screening This site has commercial properties on two of its sides, including an auto repair facility and a bar to the west and the Goodwill Store and parking lot and a daycare center to the north. It would be prudent for and helpful to the residents of the new town houses if the developer installed screening along the west and north sides of the project to help ensure that the new residents and the outdoor play areas are separated from the adjacent commercial properties. This fence should be solid, be constructed of Iow-maintenance materials and be six-feet high. In addition, the fence should run along the north and west property lines, subject to staff approval. Site Lighting The applicant had a site lighting plan prepared for the development that shows the expected light spread from the proposed parking lot lights. The proposed poles would be 20-feet tall and would have a sharp cutoff shoebox luminaire with a 175-watt high-pressure sodium light bulb. The city code requires the light fixtures have a design that hides the bulb and lens from view. This plan, however, does not show any of the proposed lighting on the buildings or any lighting in or near the proposed tot lot. In addition, the proposed plan shows little, if any, lighting where the two driveways on the site would meet the public streets. The applicant should revise the lighting plan in several ways. First, the plan should show how the lighting on the buildings would add to the site lighting. Secondly, the plan should have additional lighting near the tot lot and the driveways, where they intersect Van Dyke Street, so they are adequately lit. Finally, the plan should show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. Other Comments Fire Marshal's Comments Butch Gervais, the Maplewood Fire Marshal, stated that emergency vehicles must have clear passage to the site and to buildings. This includes having the driveways at least 20 feet wide. He also noted that the buildings and the individual units must have clear addressing to direct people to the buildings and within the site. Police Department Comments 'DePuty Chief John Banick reviewed the proposed plans. His comments are on page 31. Watershed District Permit Required The Ramsey/VVashington Metro Watershed District noted that this development requires a permit from their office. The applicant must contact Karl Hammers of the watershed district at (651) 704-2089 to find out about their plan review and permitting requirements. RECOMMENDATIONS Approve the resolution on page 36. This resolution changes the land use plan from BC (business commercial) and R-3 (M) (residential medium density) to R-3(H) (residential high density) for the 3.6-acre site of the Van Dyke Village town house development. The city bases these changes on the following findings: This site is proper for and consistent with the city's goals, objectives and policies for high-density residential land use in the comprehensive plan. This includes: a. Creating a transitional land use between the existing residential and commercial land uses. b. Being between two collector streets, near an artedal street and would be near shopping and services. 2. This development will minimize any adverse effects on surrounding properties because: a. The on-site ponding and landscaping will help separate the town houses from the properties to the east and from the town houses to the south. '7 There should be no significant increase in traffic from this development on existing local residential streets. The existing street pattern directs the traffic from the town houses to two nearby collector streets. There should be less traffic from this development than from a commercial development on the same site. Approve the resolution starting on page 37. This resolution approves a conditional use permit for a planned unit development for the Van Dyke Village town house development on the weSt side of Van Dyke Street, north of County Road B. The city bases this approval on the findings required by code. (Refer to the resolution for the specific findings.) Approval is subject to the following conditions: 1. All construction shall follow the plans for 24 town houses as approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation. (2) All driveways at least 20 feet wide. If the developer wants to have parking on one side of the driveway, then it must be at least 28 feet wide. (3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. (4) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (5) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the engineer's memo dated February 24, 2003. These shall include: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, retaining walls, ddveway and parking lot plans. b. Include a storm water management plan for the proposal. The design of all ponds and rainwater gardens shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris or junk from the site. The approved setbacks for the principal structures in the Van Dyke Village PUD shall be: a. Front-yard setback (from a public street): minimum - 30 feet, maximum - 40 feet b. Rear-yard setback: 50 feet from any adjacent residential property line c. Side-yard setback (town houses): minimum - 40 feet from the west property line and 50 feet from the south property line. 7. The developer or builder will pay. the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The developer shall close on the purchase of the property with the city before the city will issue a grading or a building permit for the project. 9. The property owner shall see that the site is well maintained and properly managed. 10. The city council shall review this permit in one year. Approve the plans date-stamped February 12, 2003 and the revised side elevation date- stamped February 24, 2003 for the proposed Van Dyke Village town house development at the west side of Van Dyke Street, north of County Road B. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve the final construction and engineering plans. These plans shall include grading, drainage, sidewalk, utility, driveway, parking lot and erosion control plans. These plans shall meet the following conditions: (1) The erosion control plan shall be consistent with the city code. (2) The grading plan shall: (a) Include building, floor elevation, water elevation and contour information. These shall include the normal water elevation and 100-year high water elevation. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as required by the watershed board or by the city engineer. 9 (d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. This shall include covering these slopes with wood fiber blankets and seeding them with a "no mow" vegetation rather than using sod or grass. (e) Show all retaining walls on the plans. Any retaining walls more than four feet tall require a building permit from the city. (f) Show as little disturbance and tree removal as possible on the north, west and south sides of the site (near the businesses and the daycare center). (3)* The tree plan shall: (4) (5) (6) (7) (8) (a) Be approved by the city engineer before site grading or tree removal. (b) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. In addition, this plan shall show the planting of at least 15 replacement trees on the site. (c) Show no tree removal beyond the approved grading and tree limits. (d) Be consistent with the approved grading and landscape plans. The design of the rainwater gardens shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off- site grading or drainage easements and for recording all necessary easements. All the parking areas and driveways shall have continuous concrete curb and gutter. The driveways shall meet the following standards: 24-foot width-no parking on either side and 28-foot width--parking on one side The developer or contractor shall post the driveways with no parking signs to meet the above-listed standards. The developer shall disturb as little as possible of the area along the north, west and south property lines near the daycare center and businesses. Change the grading plan for this part of the site as recommended by the city engineer. The developer shall install a six-foot-wide concrete sidewalk along Van Dyke Street between the existing sidewalk north of County Road B and the south property line of the daycare center to the north. The contractor shall taper the sidewalk to match the driveways. l0 b. Submit a lawn-irrigation plan to staff showing the location of sprinkler heads. c. Submit a certificate of survey for all new construction. d. Submit a revised landscape plan for city staff approval showing: (1)As much of the existing vegetation (including the trees) remaining along the northern, westerly and southerly property lines as possible. (2) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the rainwater gardens with native grasses and native flowedng plants. The native grasses and flowering plants shall be those needing little or no maintenance. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (3) Foundation plantings near and around the buildings and additional screening (with trees and other materials) between the proposed buildings and Van Dyke Street. (4) The planting of at least 15 replacement trees on the site that meet the city's minimum size requirements. e. Get the necessary approvals and permits from the watershed district. fo Submit a revised site lighting plan for city staff approval. This plan shall show how the lighting on the buildings would add to the site lighting, and the plan should have additional lighting near the tot lot and driveways, where they intersect the public street, so the driveways are adequately lit. This plan also shall show details about the proposed light fixtures to ensure they are a design that hides the bulb and lens from view to avoid nuisances. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and from adjacent residential properties. g. The developer shall record the following with Ramsey County: (1) 10-foot-wide drainage and utility easements for the areas along the east and west property lines and five-foot-wide drainage and utility easements for the areas along the north and south property lines. (2) The documentation to combine the properties into one property for tax and identification purposes. h. Have the Saint Paul Regional Water Services (SPRWS) approve the proposed utility plans. i. The fire chief shall approve the access to the back (north and south side) of the buildings for firefighting needs. 11 ko Submit plans for city staff approval for any outdoor trash or recycling containers and enclosures. If the developer wants to build such facilities, the enclosure shall have materials that are compatible with the buildings, and they shall have gates that are 100 percent opaque. A letter of credit or cash escrow for all required extedor improvements. The amount shall be 150 percent of the cost of the work. Submit for staff approval revised building plans and elevations that include (but not limited to) adding windows to the east elevations, adding shutters and window grids, having earth-toned colors (red, brown and tan) and having the second floor of the units extend out past the first floor at least one foot (to breakup the vertical face or wall of the building). The developer shall close on the purchase of the property with the city before the city will issue a grading or a building permit for the project. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. bo do Restore and sod damaged boulevards. Install reflectodzed stop signs at each exit, a handicap-parking sign for each handicap-parking space and an address on each building. In addition, the applicant shall install "no parking" signs within the site, as required by staff. Paint any roof-top mechanical equipment to match the uppermost part of the building. Screen all roof-mounted equipment visible from streets or adjacent property. (code requirement) Construct trash dumpster and recycling enclosures as city code requires for any dumpsters or storage containers that the owner or building manager would keep outside the building. Any such enclosures must match the materials and colors of the building. f. Install and taper the concrete sidewalk along Van Dyke Street to match the driveways. g. Install and maintain all required landscaping and an in-ground sprinkler system for all landscaped areas (code requirement). h. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. Install on-site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light f'D(tures must have concealed lenses and bulbs to properly shield glare from the adjacent street right-of-ways and the nearby homes and residential properties. Install a six-foot-high Solid screening fence or additional landscaping along the west and north property lines of the site where the vegetation does not adequately 12 screen the town houses from the businesses. These additional materials are to ensure there is at least a six-foot-tall, 80 percent opaque screen on these sides of the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2)* Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. This approval does not include the signs. All work shall follow the approved plans. The director of community development may approve minor changes. 3.3 CITIZENS' COMMENTS I surveyed the 21 surrounding property owners within 350 feet of this site for their comments. Of the seven replies, two had no comment, four objected and one had a miscellaneous comment. 'Opposed I do not want this townhome project here because of too much traffic, more people, cars, depreciation of home value, loss of wildlife, seclusion and pdvacy. (Miller, 2172 Van Dyke Street.) We would have no problem with the proposed development or its location if not for the fact that in our area we already have a battered woman's shelter (2 mile), a troubled boys home (1/4 mile), and the housing projects by Phalen Lake (3 miles). We think it may become counterproductive to place so many havens for people with problems so close together, and despite assurances, we have some concern over the ability of management to control or evict troublesome tenants. (Hardwick, 2182 Van Dyke Street.) 3. Refer to the letter on pages 34-35 (Bjork, 1849 County Road B.) A summary of the concerns expressed in the letter and in telephone calls is: The added number of living so close together. Would the property go off of the tax rolls? How would more kids in the area affect the community center?. Effect of trespassing on neighboring property. This development would hurt property values. This development will put a burden on the local schools. Save the trees. Townhomes are not compatible with the single dwellings in the area. Kids hanging around, loitering, being noisy, causing disturbances. They need to supervised and not getting into trouble. Preserve this space. There should be a better use of this property than this proposal. Miscellaneous Comment Well, well! Mr. Mogren has found a nice piece of property to hopefully build on. I have been waiting for years for someone to develop this space (eyesore). Best wishes, good luck and no hassles. (Art Engstrom - 2525 Highwood Avenue) - REFERENCE INFORMATION SITE DESCRIPTION Site size (project area): 3.56 acres Existing land use: Undeveloped SURROUNDING LAND USES (surrounding the proposed facility) North: Goodwill and undeveloped property owned by the adjacent daycare center South: Emma's Place town houses West: Finalube, NAPA Auto Parts and Auto body shop on White Bear Avenue East: Single dwellings across Van Dyke Street PLANNING Land Use Plan designation: R3-M (medium density residential) and BC (business commercial) Zoning: R3 and BC Land Use Plan Provision The land use plan provides that most of the land use plan categories 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. Ordinance Requirements Section 36-151(b)(1) allows multiple dwellings in a BC distdct by CUP. Section 25-70 of the city code requires that the CDRB make the following findings 'to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, ordedy and attractive development contemplated by this article and the city's comprehensive municipal plan. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is esthetically of good composition, materials, textures and colors. 15 Findings for CUP Approval Section 36-442 states that the city council must base approval of CUPs on the nine findings listed in the resolution on pages 37 and 38. Application Date We received the complete applications and materials for this proposal on February 12, 2003. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, the city council must act on these requests by April 14, 2003, unless the applicant requests a time extension. p:kr/secl 1\Van Dyke Village housing.doc Attachments: 1. Applicant's Statement 2. Location Map 3. Land Use Map (Existing) 4. Land Use Map (Proposed) 5. Area Map 6. Property Line/Zoning Map 7. Site Survey 8. Site Plan 9. Landscape Plan 10. Proposed Utility Plan 11. Building Elevations 12. Building Elevations 13. Revised Side Elevation 14. Floor Plans 15. 2-21-03 Memo from John Banick 16. 2-24-03 Memo from Chds Cavett 17. Letter from Susanne Bjork 18. Land Use Plan Change Resolution 19. Conditional Use Permit Resolution 20. Project Plans (separate attachments) Attachment 1 FEB ! 2 2003 RECEIVED Van Dyke Village Planned Unit Development The intended use of this property is for the development of twenty-four townhomes. This proposed development has been approved by the Minnesota Housing Financing Agency for the financing of "Workf°rce'' housing. It is the intention of this developer to reserve many of the townhome units for tenants who qualify for the "Workforce" housing income criteria. r The property that is under consideration in this proposal is approximately 3.62 acres. This property is currently planned "medium density residential" which allows for six housing units per acre or 21.72 units for the entire site. The developer is requesting an amendment to the comprehensive plan that would change the allowed density on this site from medium density to high density. The site plan, which is being submitted to the City of Maplewood, shows 24 units or an increase of 2.28 units over the number of units allowed under the current density. The developer feels that the extra 2.28 units do not pose a significant additional impact on the neighborhood. The subject property is bordered on the North and West by commercial businesses and on the South by another multi-family development. Other than the request of an amendment to change the comprehensive plan from medium to high density, no other special land use or development approvals are being requested. 17 t t T T T Attachment 2 NORTH AVF_ St'IERRI~ AVE. AV~.. EI:X;E~ILL RD. O, 1700' ./ NORTH LOCATION MAP 18 Attachment 3 U-1 -1, R-: R-2 I!. k:~ LEGEND ~ R-3(M) -- RESIDENTIAL MEDIUM DENSITY R-3(H) -- RESIDENTIAL HIGH DENSITY R-1 = SINGLE DWELLINGS BC = BUSINESS COMMERCIAL LBC = LIMITED BUSINESS COMMERCIAL ~ s,TE (EXISTING) 19 ? '? T T ' T ? · Attachment 4 M=-I R-1 -1 R-3(M)~ (It. R-2 I · Z I k k LEGEND ~//~1 ITi~ i R-3(M) = RESIDENTIAL MEDIUM DENSITY - ~' ' R-3(H) = RESIDENTIAL HIGH DENSITY I R-1 = SINGLE DWELLINGS - J BC = BUSINESS COMMERCIAL LBC = LIMITED BUSINESS COMMERCIAL 1797 2303 1766 -- -- - I..~RK AVE-E -- ~ ~ 2271 .~/ // ~'/ // / / / / / /) / U-HAUL / // // BLEACHER'S 1758 l~t 1774 I t771 ,~// / /½ / // // / // / GOODWILL // / ---.~ / /,/ / / AUTOBODY SHOP PROJECT SITE NAPA ............ i 0 EMMA'S PLACE 219 OASIS COUNTY ROAD B E 1810 BURKE AVE E AREA MAP Attachment 01 2242 2241 1877 21 I T I I I At t n r hm~_n~_,:~ _ _/_°y LAURIE 'AUTOBODY I ~( ~: I (,,~,) I.d ~ NAPA(,e) I ~ -- C OU -- COUNTY ROAD B d PROPERTY LINE / ZONING MAP 9 Attachment 7 SURVEY FOR: BRUCE MOGREN ................ %°~ .............. ~:~:'- - ~ ............ .. / I -~ .... 5:C, -- ~ ~ ..... ~ - -- ~ ,,,.-~ ................ ~~ ........ ..' . ] j (LAURIE ."~NUE) .... . / ,." ~" ......................... ~ ; ..... , .... L:___, .... /Z ...... ~:r ...... t--~-~-m~---,~i' ~ : e:' · ~ '~' ~.~ % "' ~l~ PARCEL 3~.~-~ .~ ~ / e~ ..., . ~ ~"' ~'_.. : Be. L ".... O, "-C~%K T ~ ~ ,.. ',~./...~ ......... ~ ...... ~,.. t~'~ ~ ' , ". , . ~- ~. - '.. ~'. ....... ~__~ .... ' "" '"'" VACATED RO AD Poro~ 3: I t T' i T Attachment 8 '~A~ ig~FIHC]N~,'g SITE PLAN 24 Attachment PLANTING SCHEDULE 6 UNITt~t ~ ~ r~ 9 2-[' Attachment 6 UNrTI~I~ ~ Fj~. ~3.3.40~ ~ 2 BR 6 UN,T(4) 3 ~ F,R ~24.00(2} ~ I~ 319.00' Attachment ll Attachment 12 'rou UJ. OU At,'l:achmen~ 13 I~IINI:2OI~i ON VANPYKE ARCHNEI' Project - Bulletin No. 2 Date: 2/21/o~ 29 FEB 2 ~ 2003 Attachment 14 1/8' - 1'-0' FLOOR PLANS 30 Attachment 15 Memo To: cc: Date: Re: Mr. Ken Roberts Deputy Chief John Banick'::]"-b Chief Dave Thomalla 2/21/2003 VAN DYKE VILLAGE ' Van Dyke north of Emma's Place FEB 2 12t 3 RECEIVED I have reviewed the attached project proposal and currently have the following thoughts regarding it: I am concemed about the increase in vehicle and pedestrian traffic in the area. Recently, two police department employees commented about how unsafe it has become to turn out of the City Hall entrance onto County Road B. However, the accident history at the intersection of County Road B and Van Dyke Street is remarkably Iow. A search of police records indicates that only three reported accidents have occurred at that intersection between 1998-2002. Additionally, I don't believe that the design of the intersection of White Bear Avenue and Cope Avenue to the north of this project was designed to handle much more traffic than it currently does. To improve pedestrian safety in this area, I recommend that a sidewalk on the west side of Van Dyke Street be included in this project. This project has the potential to increase police and medical calls for service in this area. The population density of an area generally has a direct correlation on the amount of cdme in the area. We should consider the potential increase in calls for service to the surrounding area (e.g. Maplewood Community Center, local businesses, and the entire neighboihood) that will be generated from the residents whom will reside at this location. However, the police department has not experienced a large increase in calls for service in this area due to the addition of Emma's Place. Lastly, since this complex will be rental property, I recommend that the owner of this property be encouraged to participate in our local Cdme Free Multi-Housing Program. To obtain further information about this program, the owner may contact me directly at 651-7704502. If you have questions, you may contact me at extension 4502. 31 Attachment 16 Engineerin~ Plan Review PROJECT: Van Dyke Village PROJECT NO: 03-11 REVIEWED BY: Chris Cavett, Assistant City Engineer DATE: February 24, 2003 The applicant or his engineer shall address the following comments: Grading and Drainage Plan: The applicant's engineer should discuss the following drainage issues with Chris Cavett, Assistant City Engineer, 651-770-4554. Volume calculations provided by the applicant for the rainwater gardens are acceptable. However, the applicant appears to have overlooked the fact that runoff appears to be draining from of the Goodwill site. Though the applicant is not expected to treat the volume of runoff coming from the Goodwill site, the applicant should take measures to ensure that the rainwater garden, overflow pipe and the subsequent site are not unnecessarily impacted by that mount of flow. Verify that there is not already some type of inlet structure already located at the spillway from Goodwill. It would seem odd that a connection was never made in the past with the storm sewer at that exact location. Maybe it has been covered over by trash and sediment? This will have to be investigated in the spring. If heavier soils are located on this site, there is the likelihood of water standing in the rainwater gardens more than the 24-48 hours that the city prefers. If this is a concern, it is recommended that the bottom of each garden be raised, by placing lA -foot layer of sand on top of the scarified subsoil in the bottom of the garden before placing the bedding material and shredded mulch. This would permit a depth of only 1.0-foot before water is able to drain out 3. Provide instruction on the plan for the proper preparation of the Rainwater Gardens: Provide a comment on the grading plan about staging, preparation and protection of the garden areas. Once the contractor has prepared the rainwater garden areas, the contractor shall mulch and protect them with heavy-duty silt fence. Provide a comment on the grading plan that the entire garden area must be thoroughly and deeply scarified before the contractor places the bedding material and the shredded mulch. Scarifying must be done with a "toothed" backhoe. 32 · On city projects, Maplewood has used a mixture of 50% salvaged topsoil and 50% clean organic compost as bedding material. Revise the two items on the rock infiltration sump detail: revise to show geotextile "Filter" fabric, "(Felt)", as there has been confusion in the past. And correct "slumps" to read "sumps". Submit for approval the detail of the curb cut/concrete spillway. Design is critical to ensure runoff can be diverted to the rainwater gardens in all seasons. The applicant must sign a best management practices (BMP) maintenance agreement with the city. This agreement is to ensure that the applicant/property owner will maintain the storm water facilities, including the rainwater gardens. The maintenance agreement will be made part of the utility permit and must be signed and returned to the city before final site approval. Site Plan Install 6-foot-wide concrete sidewalk along the Van Dyke Street frontage. Typically the sidewalk is located 7-feet behind the curb and it must be at least 5 feet behind the curb. This may require shifting the gardens slightly to the west. Utilities Sanitary sewer between the two northerly buildings extends further to the west according to the city base maps. Confirm the existing location with record drawings and field observations. The applicant's proposal to relocate the manhole west of the two buildings may not be possible. Consider shifting the northern two buildings slightly to the south to provide more clearance between the sewer main and the building. There shall be a minimum of 10-feet between the main and the comer of the proposed building on the south side of the existing main. City records, (resolution 66-11-318, Nov. 29, 1966), indicate that the easement was "vacated subject to the granting of an easement to the Village for maintenance of the sanitary sewer main constructed in the street right,of-way". Provide or verify from title records that the appropriate easement exists over this sewer main. If there is not an easement or the main must be relocated, the applicant shall provide the city with a utility easement for the sanitary sewer main. 33 The following are questions we have for the developer: Attachment 17 1. Why do you need so many units compared to what it is zoned for? Is it your FEB 2 1 2003 profitability that you are worried about? IF THE SPACE COULD ADEQUATELY ACCOMMODATE THE EXTRA NUMBER OF PEOPLE, 1~ E C E ~ ~/E D WOULD HAVE BEEN ZONED THAT WAY ORIGINALLY. TRAFFIC HAS ALREADY INCREASED DUE TO EMMA'S PLACE ON VAN DYKE- ANOTHER DEVELOPMENT SO CLOSE WILL REALLY CAUSE PROBLEMS. 2. What kind of tax breaks are you getting for developing this type of housing and when can you take them? 3. Are you entering into a contract with the city that you cannot sell the property or change tenant structure without city council approval? THE PROPOSAL LOOKS GOOD ON PAPER NOW, BUT WHO'S TO SAY THAT IN A YEAR OR TWO SOMEONE ELSE BUYS THE PROPERTY AND IT TURNS INTO A DUMP. 4. How many of the units are going to be owner occupied? 5. Are you going to have a full time person on staff for problems and emergencies? Who will be the contact person for the issues and problems that come up? 6. What is the number of vehicles (cars, trucks, boats, snowmobiles, etc.) residents can have? 7. Maximum amount of people per unit? Max number of kids? 8. How many guests can they have over at one time? What about overflow parking? 9. Are residents going to have to go through a background check? 10. What are the qualifications to live in these units? 11. How will residents that don't follow the rules be dealt with? 12. Could I get a copy of the rules? 13. Are you requesting road improvements because of this development? What will this mean to residents that live on Van Dyke? 14. What is the rent range? Association fees? Are there any subsidies that will be given to residents? 15. Plans for construction crew and garbage that they generate and leave behind? THIS WAS A MAJOR PROBLEM WITH EMMA'S PLACE 16. Are you having a playground? Hours? 17. Who will take care of the unit outside as far as the lawn, plowing, etc.? General concerns and thoughts for Maplewood planners: AS RESIDENTS IN THE AREA, WE ARE REALLY CONCERNED WITH THE ADDED NUMBER OF PEOPLE LIVING SO CLOSE TOGETHER. WE ALREADY HAVE ISSUES WITH EMMA'S PLACE AND THE MANY DISTURBANCES THE KIDS ARE CAUSING. I CAN'T IMAGINE THAT THIS DEVELOPMENT WOULD BE ANY DIFFERENT. WHAT IS THE CITY OF MAPLEWOOD ~ GOING TO DO TO ENSURE THAT THE KIDS IN THESE UNITS ARE SUP~~ CAUSING TROUBLE? ONCE EMMA'S KIDS AND THE KIDS IN THIS DEVELOPMENT GET TOGETHER, IT IS GOING TO BE DOUBLE THE TROUBLE. I FIND IT HARD TO BELIEVE THAT I WILL GET A DECENT NIGHT'S SLEEP ONCE THE WARM WEATHER COMES AND MY WINDOWS ARE OPEN. I ALREADY BATTLED THIS LAST SUMMER WITH EMMA'S PLACE. 35 FF_B ~ 1 2~03 Attachment 18 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Mr. Bruce Mogren, applied for a change to the city's land use plan from BC (business commercial) and R-3(M) (residential medium density) to R-3(H) (residential high density). WHEREAS, this change applies to the undeveloped property located on the west side of Van Dyke Street, north of County Road B and east of White Bear Avenue for the Van Dyke Village town houses. WHEREAS, the history of this change is as follows: On March 3, 2003, the planning commission held a public hearing. The city staff published a headng notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the headng, a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. On March ,2003, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described changes for the following reasons: 1. This site is proper for and consistent with the city's goals, objectives and policies for high-density residential land use in the comprehensive plan. This includes: a. Creating a transitional land use between the existing residential and commercial land uses. b. Being near a collector street, being between two arterial streets and is near open space and shopping and services. 2. This development will minimize any adverse effects on surrounding properties because: a. The on-site pond and large setback from Woodlynn Avenue will separate the apartment building from the properties to the south. There should be no significant traffic increase from this development on existing local residential streets. The existing street pattern keeps the apartment traffic separate from the existing single dwellings and other residences. c. There should be less traffic from this development than from a commercial development on the same site. The Maplewood City Council adopted this resolution on March ,2003. 36 Attachment 19 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Bruce Mogren applied for a conditional use permit to build a 24-unit town house development known as Van Dyke Village. WHEREAS, this permit applies to the property at the west side of Van Dyke Street, north of County Road B and east of White Bear Avenue. The legal descriptions are: Parcel 1: That part of the West 90 feet of the East 360 feet of Lot 2, Block 20, Smith and Taylor's Addition of North St. Paul, lying East of the West 41 feet thereof; including that part of the North half of adjoining Sandhurst Avenue, vacated, lying between the extension and across said street of the East line of the West 41 feet of the East 360 feet of Lot 2, and the West line of the East 270 feet of said Lot 2. Parcel 2: The East 270 feet of Lot 2, Block 20, together with the North 2.65 feet of said Lot 2, Block 20, except the West 233.14 feet thereof, and the South 2.65 feet of Lot 1, Block 20 except the West 233.14 feet thereof, all in Smith and Taylor's Addition to North St. Paul, accruing thereto by.reason of vacation thereof. Parcel 3: All that part of Lot 1, Block 20, Smith and Taylor's Addition to North St. Paul, except the South 2.65 feet thereof, and except that part described as follows: Commencing at a point on the West line of said Lot 1, distant 2.65 feet North of the Southwest comer of said Lot 1; thence East parallel to the South line of said Lot 1 a distance of 271.49 feet; thence North on a straight line to a point on the North line of said Lot 1, distant 272.06 feet East of the Northwest comer of said Lot 1; thence West along said North line of Lot I a distance of 272.06 feet to said Northwest comer of said Lot 1; thence South along the West line of said Lot 1 a distance of 121.38 feet to the point of beginning, and except the South % of vacated Laurie Avenue lying adjacent to the North of the excepted tract and herein described. Parcel 4: All that part of Lot 2, Block 13, Smith and Taylor's Addition to North St. Paul including the North half of vacated Laude Avenue, lying adjacent to and South of the tract herein described, except that part of Lot 2, Block 13, described as follows: Commencing at the Southwest comer of said Lot 2, thence East along the South line of said Lot 2 a distance of 272.33 feet to a point, thence Northerly on a straight line to a point of the North line of said Lot 2, a distance of 272.01 feet to the Northwest comer of said Lot 2; thence southerly along the West line of said Lot 2, to the point of beginning and excepting there from that part taken for widening of White Bear Avenue, and except the North % of vacated Laude Avenue lying adjacent to and south of the excepted tract herein described. WHEREAS, the history of this conditional use permit is as follows: 1. On March 3, 2003, the planning commission recommended that the city council approve this permit. On March ,2003, the city council held a public headng. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal'vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the siter]s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans for 24 town houses as approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation. (2) All driveways at least 20 feet wide. If the developer wants to have parking on one side of the driveway, then it must be at least 28 feet wide. (3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. (4) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (5) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the engineer's memo dated February 24, 2003. These shall include: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, retaining walls, ddveway and parking lot plans. b. Include a storm water management plan for the proposal. The design of all ponds and rainwater gardens shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. d. Remove any debds or junk from the site. 6. The approved setbacks for the principal structures in the Van Dyke Village PUD shall be: a. Front-yard setback (from a public street): minimum - 30 feet, maximum - 40 feet b. Rear-yard setback: 50 feet from any adjacent residential property line d. Side-yard setback (town houses): minimum - 40 feet from the west property line and 50 feet from the south property line. 7.The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The developer shall close on the purchase of the property with the city before the city will issue a grading or a building permit for the project. 9.The property owner shall see that the site is well maintained and propedy managed. 10.The city council shall review this permit in one year. The Maplewood City Council approved this resolution on ,2003. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 3, 2003 a. Van Dyke Village Town houses (Van Dyke Street, north of County Road B) Mr. Roberts said Mr. Bruce Mogren is proposing to build a 24-unit town house development on the vacant property on the west side of Van Dyke Street, north of County Road B. This development, called Van Dyke Village, would be for work force housing for Iow and moderate- income families. There would be on-site management to help monitor and run the property. Mr. Roberts said the proposal would have four, six-unit townhouse buildings. Each town house would have a one car attached garage and a patio area. There also would be 30 open parking spaces. The buildings would have exteriors of horizontal-lap siding with cedar trim boards. Mr. Roberts said this is a good site for town houses. It is between two collector streets (Cope Avenue and County Road B), is near an arterial street (White Bear Avenue) and is near shopping and other services. In addition, this property would not be a great site for a commercial or retail business as it is hidden from the main commercial area along White Bear Avenue. Mr. Roberts said as proposed, the 24 units on the 3.56-acre site means there would be 6.74 units per gross acre. This project density is higher than the currently allowed density of six units per acre but significantly less than the maximum density standard (10.4 units per acre) in the comprehensive plan for town houses in high-density residential areas. However, for. consideration of the increase in density and the PUD, the city should require the developer to construct the town houses with the same or a better level of architectural design and landscaping elements as Emma's Place. This would include the view of the development from Van Dyke Street and the size and quantities of the landscape materials. Mr. Roberts said many of the neighbors who contacted him expressed concerns about the proposed housing and the residents who would live there. Work force housing is for Iow-to- moderate income residents. To qualify as a resident, Ramsey County sets the income levels based on the household size and their percentage of average median income of the Twin Cities area. For example, a three-person household at the 50 percent median income level has an annual income of about $34,500 per year and a three-person household at the 60 percent income level earns about $41,000 per year. These could be people working at the Maplewood Mall, Saint John's Hospital, teachers, poliCe officers or others starting out in their careers. It is these types of working families that this development would serve. Mr. Roberts said the proposed 24 town house units would have a mix of sizes and bedrooms- 16 would have 3-bedrooms and 8 would have 2-bedrooms. Mr. Roberts said as a note of comparison, Emma's Place is supportive housing. This is housing for persons with many needs and support services. This may be help with chemical dependency, money management issues, abusive relationships or other problems. This is not the type of housing Mr. Mogren is proposing with these town houses. Mr. Roberts said a concern of some of the neighbors is unsupervised children hanging around the neighborhood. The neighbors told him that there have been more children loitering in the area and looking for places to play in their neighborhood since Emma's Place opened in 2002. This is a potential concern with children from any development. Monitoring this depends on parental and management supervision. The developer is proposing a tot-lot and on-site management to help with this situation. Mr. Roberts said traffic-generation data from the Institute of Traffic Engineers indicates that residential units like townhomes generate an average of seven vehicle trips per day. In this case, with 24 town houses, there would be about 168 vehicle trips per day generated by the site. In a 12-hour period, the 168 vehicle trips would mean an average of 14 vehicles per hour or one vehicle (on average) every 4.3 minutes. This would not be a large increase to the number of vehicles added to this neighborhood nor would it cause a large impact to the area. Commissioner Pearson said he does not see anything on the plans for a storm shelter, he asked what those residents would do if there was a tornado? Mr. Roberts said he did not know if the.applicant was required to have a storm shelter. He said as an example, you can build slab on grade for a townhome and not be required to have a storm shelter. Mr. Roberts said maybe the applicant, Mr. Mogren would like to answer that. Commissioner Trippler said in the Comprehensive Plan on page 44, it shows the lots as high- density multiple dwelling. Mr. Roberts said he had received Mr. Trippler's message earlier in the day and he checked into that. That is an error in the Comprehensive Plan. It should be shown as medium density, the red coloring did not come out correctly. Commissioner Trippler asked staff if the Comprehensive Plan should read medium density all the way down to County Road B then? Mr. Roberts said correct. Commissioner Dierich asked staff if this proposal was going to be rental property? Mr. Roberts said yes. Commissioner Dierich said on page 32 of the Comprehensive Plan R-3 (M) says you can go to seven units per acre. She asked if any zoning changes were necessary? Mr. Roberts on page 33 of the Comprehensive Plan the chart breaks it down by the different types of units. On the townhome line, the third line down that is six units per acre, the seven units per acre is for manufactured homes. Commissioner Dierich asked staff if they went to a higher density could Mr. Mogren increase the density if staff changes this to R-3 (H)? Mr. Roberts said no, Mr. Mogren could not increase the density. He said if this is approved bythe city council, the commission would be approving a PUD and the PUD has a specific site plan with 24 units on it. Commissioner Rossbach asked staff if it takes 4 city council votes for a PUD and for a zone change it takes 5 city council votes? Mr. Roberts said it takes 3 city council votes for a PUD and 4 city council votes for a comprehensive plan change. Commissioner Rossbach said he is concerned that the city is selling property to a developer and then working with the developer to develop a plan, all before it ever becomes public. He said he would like to know more how that process works. Mr. Roberts said it's varied from site to site and project to project. An example would be the lots that were sold on Burke Circle and now the homes are being built that were reviewed last year by the planning commission. The city council made the decision to sell the lots, they put a plan together and got the property prepared and the street rebuilt as part of the English Street project. It was a sealed bid put out for any developer or buyer to buy the lots. Whoever had the high bid that met the requirements were awarded the bid. In this case, it was a matter of working with staff, Ramsey County and trying to find a developer that the city had a comfort level to develop a plan for Iow to moderate income housing. The city was bound to do such a project because the city bought the property from Ramsey County at a reduced price because the city had made a commitment to build the Iow to moderate-income housing. Because of that, the city was trying to find a developer that could work with Ramsey County and their funding and financing requirements and that had a track record with the city. Mr. Roberts said he did not know if there were other developers contacted or not, but Mr. Mogren could speak about the history regarding this. The other development that will be handled similarly will be the Larpenteur Avenue Redevelopment Area Project. Commissioner Rossbach asked what the density was for Emma's Place? Mr. Roberts said the density for Emma's Place is just under 6 units per acre. Commissioner Pearson said in purchasing this land from Ramsey County, would their requirements have allowed an R-1 (S) zoning in that area for owner occupied? Mr. Roberts said he thinks the only stipulation was for Iow to moderate-income housing. Commissioner Trippler said he is concerned about having one-car garages. He said hardly anybody only has one car. He said if most of the people have two cars there would not be enough parking for any visitors. He asked where do you foresee the overflow parking would end up? Mr. Roberts said there is enough room in front of the garage door for a car to be parked outside the garage, which was not included in the outside parking calculations and one car parked in the garage. Plus the additional 30 parking spaces for visitors above and beyond the parking spots in the driveway. Commissioner Mueller said there ar~ many single-family homes that only have a one-car garage plus the one parking spot in their driveway and they do fine with that space. Chairperson Fischer said she did not find a condition referring to the addition of a sidewalk on thi,.. property. Mr. Roberts said the sidewalk is listed as a condition for the CDRB to act on. If the planning commission wanted to add a condition stating that, it would be best inserted on page 8 of the staff report, item 3. under the engineering approval as item c. Chairperson Fischer asked the applicant to address the commission. Mr. Bruce Mogren, residing at 10116-67th Lane North in Grant City, the applicant for Van Dyke Village, addressed the commission. He said they don't have an issue with the sidewalk. Clear addresses are a great idea and they will do that. He has a telephone call into the Assistant Police Chief to join the crime-free multi-house organization. He thinks that would be a very positive thing for this development. His cousin is working with him on finalizing the landscaping requirements. There are other changes sent out by staff that the applicant has already complied with. They are asking for the additional two units over the density over the proposed density. They chose to go with a mixture of two and three bedroom units. They looked at a mixture of three and four bedroom units. He has worked with the architect and these plans have been built in the past and have proven to be very effective. He said he likes that they have two stories in the middle and the single level on the ends. Mr. Mogren thinks architecturally it is more attractive laid out this way. He said regarding the issue about a storm shelter, he would ask his architect about that. He said this is 75% of the units are for work force housing and 25% of the units are for market rate rental. Commissioner Dierich asked Mr. Mogren if he was considering having the single level units handicapped accessible? Mr. Mogren said what ever the building inspector requires is what he has proposed at this time. Commissioner Dierich said she would strongly encourage Mr. Mogren to think about building the handicapped accessible units. Mr. Mogren said he checked with the architect and four units will be handicapped accessible. He has already received one telephone call from a person in a wheel chair with spina-bifida who is getting married this fall and has requested a handicapped accessible unit if this proposal gets approved. Commissioner Rossbach said in recent actions this commission has recommended in two different properties that the development be within the existing density that is allowed on the lot. He would like to hear an explanation about what it is about this property that has changed since the city has put the R-3 (M) designation on it that would warrant it now being able to support a higher density. Mr. Mogren said it looks like it is currently zoned business commercial. He asked if it is the law that it has to change to medium density? Mr. Roberts said business commercial by conditional use permit would allow multiple-family housing the question becomes the density. What Mr. Rossbach is saying is the current plan allows medium density up to 6 units per gross acre. Commissioner Rossbach said what he was asking was what has changed in the city since the city has determined that the density that is currently on the property went into effect what has changed to make it so now that property can support a higher density then what was put on it originally? Mr. Mogren said sometimes there are mitigating circumstances in this particular case when you're taking a property in one zoning and putting it into another zone. There are some amenities with this particular design and they are not going with all large units. They are going with two and three bedrooms instead of three and four bedrooms. That is his request. The other reason he wants the additional units is because of the on-site management. This makes it more affordable to have the on-site management; even at that it is very expensive. He knows it impacts the neighborhood to have the additional units but it takes years to pay for the on-site management. He would be co-managing these units and if the manager is not there to handle a problem he can send over one of the eight people that work for him. Because he works so close and because he has 260 senior housing units in the area is one of the reasons this area is so attractive to him. Commissioner Mueller asked Mr. Mogren what work force housing rent would be? Mr. Mogren said he would like Todd Urness to answer that question. Mr. Todd Urness, 2630 Countryside Drive West Orono, addressed the commission. He said 75% of these proposed units will be work force housing and they have restrictions. The rent for work force housing will be $760 for a two-bedroom unit and $870 for three bedrooms. The other 25% of these units will have no restrictions and their rent will be higher. Commissioner Mueller asked why these are rental units and not units for sale? He asked if that was an arrangement with Ramsey County or is it just Mr. Mogren's decision to have these units for rent instead of to own? Mr. Urness said both answers are correct. To make it affordable for sale is very difficult if not impossible. These are very nice rental units proposed. They have attached single car garages, in-house heat and air conditioning units and in-house washer and dryer. Compared to a shared large laundry room or no laundry room, one building control for heat and air conditioning and having no garages available only a parking lot to park in. Commissioner Rossbach asked staff if they know the vehicle capacity of White Bear Avenue in the proposed area and what is the current and projected traffic count? Mr. Ahl said the 1998 ADT north of County Road B traffic count is 28,000 and the traffic count for 2020 is 39,900. The typical capacity of a road with that many drive lanes and turning lanes such as that of White Bear Avenue is 45,000 ADT. Commissioner Monahan-Junek she asked Mr. Mogren the size of the tot-lot on page 26 in the staff report? Mr. Mogren said he is not sure of the size of the tot lot yet. He is going to get together with the playground installer and Bruce Anderson from the Parks and Recreation Department for input before a final plan can be completed. Commissioner Monahan-Junek said the reason she is asking is because there have been some concerns voiced regarding kids running loose at Emma's Place. She said if there was more space within the housing area the children could be contained in their own areas instead of running around outside the commons area. Younger kids use the tot lot but the older kids need someplace to be as well, this may help alleviate the problem somewhat. The following people spoke regarding the Van Dyke Village Town houses: 1. John Glasow at 2271 Craig Place in Maplewood. He said Van Dyke Street cannot handle the traffic and you are just going to add to the traffic problems. A few blocks away they are building nine town homes on a larger piece of land then what this is. The Maple Hills town homes that are being built off Larpenteur Avenue, the density was reduced because they were afraid'of the increased traffic on Larpenteur Avenue because it is only two lanes. You are increasing the density here and it is uncalled for. He proposes the city change this area to nine senior cottages or maybe storage garages. This area cannot handle the traffic increase. Putting in 24 town homes is way out of line. People making wages of $31,000 - $48,000 can afford a much nicer town home then what you are proposing here such as the nine town homes down the street (Dearborn Meadows). Driving in a funeral procession moves faster then driving on White Bear Avenue and you are going to add to the congestion problem. In the spring during the city's clean up day at the Maplewood Community Center you cannot drive down Van Dyke Street for three hours or longer. 2. Pat Myckleby at 2220 Craig Place in Maplewood. She has lived in this city all of her life. She does not like the way people get informed of proposals in Maplewood. She knows the rule is within 350 feet but feels this is not a. large enough area to notify people. She lives on Craig Place and they have a group home on that street that none of the residents were notified of. ~ Them is also a homeless shelter. Then Emma's Place was built. She spoke to the city council and she was told it was going to be a place like Van Dyke Village, town homes for work force housing. It ended up being for people with drug and alcohol problems. It is just troubled people and kids causing problems and crime all over the neighborhood. She does not think people are going to want to rent these town homes because they are next to Emma's Place. There is crime and problems there and she thinks it is sad what is happening to this community. She hears Mayor Cardinal won an award for affordable housing in Maplewood. Big deal, how much are the people supposed to take? There are too many of these types of homes in the area. It would be okay if there were good and decent people that didn't steal, commit crimes, throw trash in our yards, cause problems on the bus, harass the children and steal things from them. But currently the kids can't even walk in that area without being harassed. 3. Jeff Ruebel at 1849 County Road B East in Maplewood. He has a problem with Emma's Place and the bad element that is already there and he is afraid it is going to feed into the Van Dyke Village town homes. He thinks that whole area will be nothing but trouble. He is also concerned about the traffic in the area. The crime has increased significantly. Cars race up and down Van Dyke Street and County Road B. He can't believe the police department said in the staff report that the police calls haven't increased significantly since Emma's Place was built. Since October 2001 he personally has called the police 25 times and has a list at home. He has spoken to Chief Thomella personally and Chief Thomella knows Jeff by name he has called so many times. There is too much housing in that area. He thinks if you put in a house for Habitat for Humanity the people would take more pride in their homes. In North St. Paul there is a habitat home and it is very well taken care of and the lawn is meticulous. They own the property and respect the property. Renters tend to not care about the property because they don't own it. If you put in 24 units he thinks half of them should be owned instead of rented. 4. Gary Olsen at 2330 Maple Lane in Maplewood. He does not live in the neighborhood but he appreciates Mr. Mogren's efforts to put in work force housing. He thinks it would be a nice addition to the neighborhood and the community. Work force housing is for teachers, nurses, policemen and women. He hopes the planning commission will support this proposal. 5, Jeanine Moreno at 2272 Craig Place in Maplewood She is the grand watch block captain for the area of five blocks. She hears complaints from the neighbors. Emma's Place is not responsible for everything that has been happening but it seems like since they moved in the crime has increased a lot. The children are afraid to walk to school, they are afraid to ride the bus and the kids are being harassed. There was the meth clinic they had to put up with, the group home, and Emma's Place. This is supposed to be a family community. It is just a community where kids are afraid. There is a nursing home up the street and the residents walk the streets daily around that area. With the increased traffic it could be dangerous for those residents. She can't believe the police department says the calls have not increased because she gets a monthly report and what the police department is reporting is not true. 6. Maggie Chalkline at 1863 East County Road B in Maplewood. She heard the reason Mr. Mogren wanted the additional two units was so he could have onsite management and if that is true, she thinks that is a good idea. She would like the city to consider closing the north half of Van Dyke Street completely. It is a traffic hazard as it is now. A lot of the traffic on Van Dyke Street is from the people trying to avoid going through the stoplights on White Bear Avenue and they cut through on Van Dyke Street onto County Road B East. This would slow down the traffic and it would be open only to the residents that live there. 7. Art Engstrom at 2525 Highwood Avenue in Maplewood. He owns the Goodwill Store on White Bear Avenue to the north of this property. He has seen this piece of property sit for many many years. At one time he was interested in purchasing this property but he was made aware it would cost a considerable amount to dig out the peat and put the fill in and the expense would be monumental. Here is a developer who has a good reputation in the city and an outstanding citizen in the community and he wants to build this development. There is no economic way that by building nine senior cottages in this area. Mr. Engstrom said no one would attempt to pay that kind of a bill and it would be a losable proposition. Putting rental garages in that area would be too costly. This would improve the situation to the south that many people have complained about. He supports this proposal. 8. Connie Launderville at 2194 Van Dyke Street in Maplewood. She thinks Mr. Mogren has done an excellent job on his homework and she sees nothing wrong with this proposal. Her problem is more of a social issue from Emma's Place, which has created hardships in the neighborhood. When she walks out into her yard she sees litter everywhere and she has to pick it up. The residents at Emma's Place are loud, there are no activities for the children to do and they go out into the neighborhood and cause problems. Her grandchildren cannot even walk around the pond without being harassed by children from Emma's Place. There are school bus issues with the kids from Emma's Place. The kids riding the bus are harassed by kids living at Emma's Place at the bus stop as well as on the bus. They steal things from the other kids, they knock backpacks off of the kids, they take kids books and throw them in the aisles on the buses etc. and now the kids don't even want to ride the buses anymore? She thinks the renters at Van Dyke Village will find out it will not be a nice place to live next to. There will be issues that will have to be dealt with daily. She knows Mr. Mogren will do a real good job on his part but she is concerned about his renters living next to Emma's Place. Commissioner Mueller said it sounds like the issue is Emma's Place and not really this proposed development. He asked if the city thought about doing something about the problems at Emma's Place? It sounds like there are many problems the neighbors deal with which will directly affect this proposed development. Mr. Roberts said he has not heard any specific actions or directions that the city council wants city staff to take with Emma's Place or its management. Through the testimony tonight and when it goes to the city council meeting, the city staff may get some direction regarding these problems. He knows the police department has been working with the staff at Emma's Place but he does not know if they have been successful. Until direction is given from the city council he is not aware of anything that can be done. When the CUP at Emma's Place comes up for review, some of these issues can be looked at. Kids acting badly on the bus and kids loitering and stealing are not land use issues. Mr. Roberts said these are not things the city council can put control on. There has to be parental involvement and management involvement. A lot of the issues that are being discussed here probably go back to management and the tenants. If there are bad people living at Emma's Place, then those people should be evicted. Commissioner Dierich said she is concerned about rental property verses ownership property. It seems this neighborhood has been hit harder then others and she is concerned about this. Three weeks ago there was discussion about the density and a setback and community property for the Highwood Farms development. She agrees with the residents that there needs to be more consistency. There is great land left in Maplewood and there is not much of it left, Whether it is work force housing or not it needs to be quality housing and it needs to be a quality neighborhood. She has a problem lowering the density for one end of town in Maplewood and not for the other. Her daughter just bought a town home with the same payment of $800 plus dollars a month with the same amenities and she does not know why these can't be owner occupied units. Commissioner Dierich said it would help the tax structure in Maplewood in the long run. She would like to see the neighborhood input taken into consideration for this proposal. Mr. Mogren should be held to the same standards as the other developers in the city such as the situation in south Maplewood. Commissioner Pearson said the density is too high here and the use is wrong for the area. A better transition from commercial to R-1 is R-S single-family housing with smaller lots. It would be affordable and owner occupied and a better solution for the neighborhood. He will not be supporting this proposal. Commissioner Rossbach moved to deny the resolution on pages 36 of the staff report. This resolution would change the land use plan from BC (business commercial) and R-3 (M) (residential medium density) to R-3 (H) (residential high density) for the 3.6-acre site of the Van Dyke Village town house development. The planning commission is making this recommendation because: (changes are in bold and deletions have a strike through them). a. The density is too high. b. The type of development is not the best choice for the tranSition. c. The existing land use designation would be a better fit for the neighborhood. -1 o The "; .... I ......... +,aA+A, oka'. ~mnlA+~ all ~,,I~I;A VVl m i~lV~V ~ll ~~m4~ll~ ~ ..... r-'r" ..................... I-' ...... r" ..................... ] ........ ~0 ........ 7. Thc , ,nit Commissioner Pearson seconded. Ayes- Desai, Dierich, Monahan-Junek, Pearson, Rossbach, Trippler Nays - Fischer, Mueller Chairperson Fischer asked if it was the consensus to not make a recommendation or to recommend denial for the CUP? Planning commission members said that is correct. Chairperson Fischer said she did not feel adding the additional two units above what is currently allowed would be destructive to the neighborhood and if it would allow on-site management to the development she would be in favor of it. Commissioner Mueller said adding the additional units are not a problem for him. The motion to deny was approved. Commissioner Rossbach said his opinion is that the city needs to review the PUD ordinance as a whole. It is being used on small lots to get around rezoning which is a tougher way to go and requires fewer votes from the city council. The zoning for the property should be changed, you are not combining uses. It should be done in assistance to develop pieces of property that had unique circumstances. He feels that PUD's are being asked for too often and being asked for the wrong reasons. Commissioner Trippler said he does not have a problem with the development. He has a problem with constantly giving variances to the rules and regulations. It is pushing the envelope just a little more. He is certainly not recommending the commission never grant variances. He asked what the purpose was to push it to two additional units. The property is already zoned R-3(M). If the developer came in and said they wanted to put in 21 or 22 units on the property he would have agreed to it. But developers want to push the limit just to see how much more then can get. You need to be consistent, if you are going to apply a standard to one part of the city it needs to be applied to all parts of the city. If the developer wants to come back and take 3 units out he would say great. Commissioner Mueller said the planning commission has always had people come before the commission and ask for changes. And the planning commission decides if it is a good or bad thing. Follow the rules or you won't get approved. We have always said bring your proposal to us and we will take a look at it and see if we will agree to it or not. This item goes to the city council on March 31 or April 14, 2003, and staff will be sending out a notice when that is determined.