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HomeMy WebLinkAbout04/05/20041. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, April 5, 2004, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. March 15, 2004 5. Public Headngs a. Proposed DQ Grill and Chill (West of 1760 Beam Avenue) 1. Land Use Plan Change - BC-M (business commercial modified) to BC (business commercial) 2. Zoning Map Change - BC-M (business commercial modified) to BC (business commercial) New Business a. Alley Vacation - East of English Street, south of County Road B (North of 2200 English Street) 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. March 22 Council Meeting: Mr. Pearson b. April 12 Council Meeting: Mr. Trippler c. Apd126 Council Meeting: Mr. Desai 10. Staff Presentations a. Workshop Session with City Council (Public Hearings) - May 3, 2004, 6:00 PM 11. Adjoumment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 15, 2004 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Chairperson Lorraine Fischer Commissioner Jeff Bartol Vice-Chairperson Tushar Desai Commissioner Mary Dierich Commissioner Paul Mueller Commissioner Gary Pearson Commissioner Dale Trippler Present Present Present Present Present Present Present Staff Present: Tom Ekstrand, Senior Planner Ken Roberts, Planner Chris Cavett, Assistant City Engineer Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda. Commissioner Bartol seconded. Ayes- Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for February 2, 2004. Chairperson Fischer had a correction on page 3, in paragraph 7, removing the words has been from the sentence. Commissioner Trippler moved to approve the planning commission minutes for February 2, 2004, with changes. Commissioner Dierich seconded. Ayes - Bartol, Dierich, Fischer, Trippler Abstention- Desai, Mueller, Pearson V. PUBLIC HEARING None. I I [ I I Planning Commission Minutes of 03-15-04 -2- VI. NEW BUSINESS a. Easement Vacation - Van Dyke Village (Van Dyke Street) Mr. Roberts said Mr. Bruce Mogren, representing the developer and the property owners, is asking the city to vacate an existing drainage and utility easement on the site of the Van Dyke Village townhouses. Mr. Mogren is requesting the vacation because the existing easement would interfere with the proposed location of one of the buildings within the development. There is however, an existing sanitary sewer line in the easement. As such, the city needs an easement over the sanitary sewer but it does not need all of the existing easement in its current location. Commissioner Mueller asked how the developer determined after the fact that there is an existing drainage and utility easement? Mr. Roberts said he understood the soils were corrected last fall, architect laid the plans out, and the engineers did the preliminary work. He said the surveyors were doing a detailed site survey for financing and final building permits and when doing the title work they discovered the easement. Mr. Roberts said at that point the building pads were already laid out on the site. Chairperson Fischer asked the applicant to address the commission. Mr. John Faraci, Project Engineer with Development Engineering, St. Paul, representing the applicant, addressed the commission. Mr. Faraci said it was assumed that in the title work the easement was already vacated because it was an old plat. However, six months later the attorneys discovered that the easement was not vacated. Commissioner Pearson asked Mr. Faraci what the depth of the line closest to the garage? Mr. Faraci said the line is about 8 feet deep. Commissioner Mueller moved to approve the resolution on page eight of the staff report. This resolution is for the vacation of a drainage and utility easement within the site of the Van Dyke Village townhouse development on Van Dyke Street. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The existing easement in its current configuration is not needed for utility purposes. This vacation is subject to the owner providing the city a new 30-foot-wide drainage and utility easement for the existing sanitary sewer line, subject to the approval of the city engineer. Commissioner Pearson seconded. Ayes- Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on April 12, 2004. T- I Planning Commission Minutes of 03-15-04 -3- b. Venburg Tire (Highway 61 North) Mr. Ekstrand said Carol and Pat McFarlane, the owners of Venburg Tire, are proposing to relocate their tire business across Highway 61 to property on the north side of Gulden's Roadhouse. They are moving their business because the city is realigning County Road D and the new road will run through the current Venburg Tire Site. Mr. Ekstrand said because the applicants' construction proposal would take away existing parking spaces from Gulden's, they are proposing to relocate much of Gulden's front parking lotto a new parking lot behind the restaurant. The owners of Gulden's, Brenda and Mike Gingler, would install their own screening for the proposed new parking lot. Mr. Ekstrand said another aspect of this project is the construction of a shared private roadway that would separate Gulden's from the proposed Venburg Tire site. This private roadway would intersect the future County Road D north and west of the proposed Venburg Tire building and connect with the driveway in front of LaMettry Collision to the south. The city will construct this roadway as part of the County Road D project. Commissioner Desai asked Mr. Ekstrand if the city knew what the townhouses would look like and how they would be positioned on the property? He said he wished the property owner were present tonight to hear the concerns of the commission and answer questions that may come up. Taking the property owners word doesn't seem sufficient and he is concerned that after Venburg Tire is built the property owner will come back to the city with objections. Mr. Ekstrand said it's hard to say what a future owner might say. He said currently the townhome plan is only a concept and that he has a preliminary site plan showing what the townhouse layout would look like. He said the only thing the city can rely on at this point is the property owner's agreement that he has no objection to the 220 feet reduction. Commissioner Desai asked if the verbal agreement could be put in writing? Mr. Ekstrand said when the city sent out a survey to the surrounding property owners the property owner wrote his opinion on the survey form so the city has it in writing already. Commissioner Trippler said until the city has more than a concept in hand he believes the commission should base their decision on what is currently before them not based on a concept. He asked what the distance was between the proposed Venburg Tire property and the closest home along Duluth Street? Mr. Ekstrand said it is roughly 500 feet in distance between the closest home and the proposed Venburg Tire building. Commissioner Trippler asked what the elevation difference was between the homes along Duluth Street and the proposed Venburg Tire building? He also asked how tall the Venburg Tire building would be? Mr. Cavett said he estimates there is over 40 feet of elevational difference between the existing homes and Venburg Tire. I 1 F I I Planning Commission Minutes of 03-15-04 -4- Mr. Ekstrand said the height of the proposed Venburg Tire building is 18 feet. Commissioner Mueller asked what would happen if the developer of the townhouse property came back and claimed it was too noisy and congested and that Venburg Tire is too close to the townhome property? Mr. Ekstrand said they could raise noise issues but after the Venburg Tire building is built they can't complain about that. Mr. Ekstrand said during the CUP review the city can go back and talk to the applicant about the noise concerns that were raised by the neighbors. Mr. Ekstrand said he believes the placement of the Venburg Tire building and the way the service area is facing away from the residential homes should help with the noise level. Commissioner Dierich said she is confused how the city can go ahead with this plan whether the builder of the future property says yes or no. When the developer of the future property comes before the commission she said she will look very closely at the plans to see how close the townhomes are to the Venburg Tire building. She asked if the future developer understood that it's possible that the city could require extra soundproofing in the townhomes or the city may decrease the number of townhome units to be built. She would feel better about this whole situation if she knew the developer understood these circumstances because he is probably not going to be living in one of these units but others will. Mr. Ekstrand said he would relay that concern to the developer. Commissioner Dierich understands the city needs to accommodate Venburg Tire. The last time the commission reviewed this proposal she didn't realize it would be for such a large variance. She said she is fine with the 50-foot distance but not with 120 feet. She said she wouldn't have approved a variance this large in the past had she understood the distance. She said she thinks the neighbors have a legitimate concern that the city should not be able to change the variance when they feel like it just because it's to the city's advantage. Mr. Ekstrand said this variance wouldn't affect the homes on Duluth Street so much as it would affect the property that the townhomes could possibly be built on. He said unfortunately the city doesn't have anybody else to ask their opinion about other than relying on the written agreement on the survey from the current owner of the property. Commissioner Pearson said he saw something on the site plan for a storage area. He asked if there would be outdoor tire storage on this property? Mr. Ekstrand said he spoke with the applicants prior to the meeting and they stated they are no longer going to put that concrete pad and there would be no outdoor tire storage. Commissioner Trippler said Gulden's Roadhouse restaurant is already 200 feet from residential property and he wouldn't feel right not granting Venburg Tire the 220-foot setback when a commercial building is already closer than the proposed Venburg Tire building would be. He said maybe in the future the city should look at rezoning the strip of land that may have townhomes built on in the future to (BC) Business Commercial. Commissioner Desai asked if the applicant had looked at pushing the building farther so there would be a 50-foot variance instead of a 220-foot variance? I I ~ I I Planning Commission Minutes of 03-15-04 -5- Mr. Ekstrand said the applicant would have to answer that question. Mr. Roberts said he understood from a previous discussion if Venburg Tire moved their building too close to Highway 61 the building would visually block the view of Gulden's Roadhouse restaurant from the highway. Commissioner Trippler said it would look strange to have Gulden's sitting farther back on the lot and Venburg Tire's building closer to Highway 61. Building Venburg Tire where it is on the plans would keep the properties more in line with each other. Commissioner Mueller asked if the way the vacant property is zoned currently if apartments could be built on the property? Mr. Ekstrand said no, the property is zoned for single family. Commissioner Mueller said the reason he asked is planning commissioners said they think the property should be zoned something other than residential because of the closeness to Venburg Tire but apparently it needs to remain single-family housing. He said he is impressed that the two owners of Gulden's and Venburg Tire are working together. Their agreement to share parking space as well as being able to work together is impressive. He said he wished those types of agreements could be worked out more frequently in developments around the city. He said realigning County Road D is a good thing and in order to have the realignment Venburg Tire is going to be displaced. Fortunately moving Venburg Tire across the street allows them to stay in the city and the city gets a road realigned so both arrangements are a positive thing for the city. Commissioner Dierich said she is happy as well to see the two business owners working together and sharing the drive and parking lot for overflow parking. She also wished those types of partnerships would happen more often in developments in the city. Chairperson Fischer asked the applicant to address the commission. Mr. Pat McFarlane, owner of Venburg Tire on Highway 61, Maplewood, addressed the commission. Mr. McFarlane said he and Mike Gingler the owner of Gulden's have worked very hard on this project. He wanted to thank the staff from the City of Maplewood and the surrounding business owners who have been working diligently with Venburg Tire while they have been finalizing these plans over the past two years. They have worked with landscapers, customers, and everyone possible to figure out a decent plan to help provide screening, which is a requirement of the city. They are currently planning on investigating moving the large coniferous trees on the property, which would give immediate screening to the homes behind the property. Planting six-foot trees would take about 20 to 25 years to provide proper screening and he felt moving the existing trees would be a much better plan. He said this has been a tremendously difficult project because there are so many players in this plan. This includes people such as the State of Minnesota, the surrounding businesses, the City of Maplewood, and cross easements and restrictions on the property. He said the original plan called for a holding pond in front of the Venburg Tire property, which would have pushed the building even closer to the residential homes. Thankfully that plan changed and now the building is going to be placed as it is shown on the plan. F I 1 Planning Commission Minutes of 03-15-04 -6- Mr. McFarlane said one major issue is the physical position of Gulden's on the property. He said if they could move the Gulden's building they would, but they can't. Therefore, they have to work around the positioning of the building in order to make it possible for both Gulden's and Venburg Tire to be visual seen from Highway 61. Commissioner Trippler asked the applicant what the two large doors are for and what was going to be on the other side of the two doors? Mr. McFarlane said that is going to be warehouse space. Originally they wanted that area to be a loading dock but they do not ship or deliver tires, they only receive tire deliveries. The only time they open the door is for periodic deliveries of 150-500 tires at a time that are unloaded and the door gets closed. He said ideally they would like to be able to have a door large enough to back a truck in and out. Commissioner Trippler asked Mr. McFarlane if he had the opportunity to speak with any of the neighbors about their concerns that live along Duluth Street? Mr. McFarlane said he personally did not have the opportunity to speak with the neighbors but some of his staff did and the neighbors had been very open with their questions and comments. Commissioner Desai said moving those large coniferous trees is a big project and is very expensive but so far it's the best solution for screening and keeping the noise level down between the business and the residential homes until potentially the townhomes are built. Commissioner Mueller moved to adopt the resolution on pages 31-32 of the staff report approving a conditional use permit for the proposed Venburg Tire building to be located 220 feet from the adjacent residentially zoned property to the west. Approval is based on the findings required by city code and the following reasons: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served be 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. I T' T Planning Commission Minutes of 03-15-04 -7- 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 10.The neighboring properties along Duluth Street would be 440 feet from the proposed Venburg Tire building. This exceeds the 350-foot separation noted by ordinance. 11. These property owners, furthermore, will be separated from the proposed Venburg building by a future town house development. 12. The owner of the abutting westerly property that is proposed for townhomes approves of the proposed 220-foot building placement from his adjoining lot line. Approval of this permit is conditioned upon compliance with the following: 1. All construction shall follow the site plan that the city stamped February 3, 2004. The Director of Community Development may approve minor changes. The proposed construction must be substantially started, or the proposed use utilized within one year of council approval, or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. The applicants shall submit a revised landscape plan, prior to the issuance of a building permit, providing a six-foot tall and 80 percent opaque landscaped screen for the abutting property to the west as required by the code. 5. The applicants shall sign a maintenance agreement with the owners of Gulden's and the city for the upkeep of the private roadway. 6. Outdoor tire storage is not allowed by this permit. All tires shall be kept within a screening enclosure. The potential for excessive noise from this business is a concern of neighbors. The operator shall take care to keep doors closed to prevent nuisance noise from affecting residential neighbors. The city council shall review this during its periodic reviews of this permit. Commissioner Mueller moved to adopt the resolution on pages 33-34 of the staff report approving a variance to locate a building that would be used for automotive repair, 220 feet from an abutting residential property. Approval is based on the following findings: 1. Strict enforcement would cause undue hardship to the applicants because the site is not large enough to accommodate the proposed building without approval of a variance. The variance would be in keeping with the spirit and intent of the ordinance since the grade slopes downward from the existing home sites to the west, which helps to obscure some of the mass of the proposed building. Planning Commission Minutes of 03-15-04 -8- 3. The owner of the adjacent property to the west, the most affected neighboring owner, is in favor of the proposed building placement. Approval of this variance is conditioned upon the applicants submitting a revised landscape plan for staff approval providing for screening on the west side of the proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. Commissioner Mueller moved to adopt the resolution on pages 35 of the staff report approving a variance from the 15-foot front parking lot setback requirement. Approval is based on the following findings: Strict enforcement would cause undue hardship to the applicants because it would cause them to set the parking lot further back needlessly, with no benefit. The variance would be in keeping with the spirit and intent of the ordinance since there would be 95 feet of setback from the highway edge, which is approximately 40 feet more than the typical parking lot setback in this situation. Commissioner Mueller moved to adopt the resolution on page 4 of the staff report vacating unneeded roadway easements on the northerly 33 feet and the southerly 16.5 feet of the existing Gulden's Roadhouse property. The vacations of these easements are based on the following reasons: It is in the public interest since there is no need to use these easements for roadway purposes. The city council vacated a portion of Lydia Street in 2001 that aligns with the 33-foot- wide easement. o The southerly 16.5-foot roadway easement is not needed. The owners of Gulden's Roadhouse have access to their entire site without the need of this easement. Commissioner Pearson seconded. Ayes- Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on April 12, 2004. c, Kennard Street and Legacy Parkway Landscaping Plan Mr. Ekstrand said city staff is requesting approval of the right-of-way planting plan for Kennard Street and Legacy Parkway in the Legacy Village planned unit development (PUD). Staff has been working with the engineering firm of Short Elliot Hendrickson, Inc. SEH, who has prepared the enclosed proposal for boulevard and median plantings. Planning Commission Minutes of 03-15-04 -9- Ms. Veronica Anderson of SEH, Vadnais Heights, addressed the commission. Ms. Anderson gave a presentation on the proposed landscaping plan for the Kennard Street and Legacy Parkway area. Commissioner Trippler said he thought Locust trees shed pods in the fall and if that was the case he asked who would be responsible for cleaning up the pods that were shed? Mr. Cavett said the leaves would be removed during the street sweeping. Locust trees have very small leaves that would be easier to take care of compared to larger leaves like those that come from Maple trees. Ms. Anderson said they are using a Skyline Locust tree, which is a thornless tree and pod development is very minimal. Commissioner Trippler said he likes the fact that they are proposing to use shrub roses. However, shrub roses are very thorny and he asked who would be responsible for maintaining them? Ms. Anderson said the attractive thing about the thorns on shrub roses is that it will keep people out of the medians. From a maintenance standpoint the cultivar selected would have minimal maintenance in terms of die back. Commissioner Trippler asked who would be responsible for the maintenance of the landscaping and would it be part of the city budget? Mr. Cavett said the city is looking at getting a maintenance contract for the maintenance of areas such as this as well as the roundabout area. Commissioner Trippler asked how he could get this type of landscaping done in his neighborhood as well as other streets in the city? Mr. Cavett said unfortunately landscaping such as this is not in the city budget. He said there was an increase in Hartford's contribution to upgrade the design to have a parkway type design. This area would have been a three-lane design without a lot of landscaping. Commissioner Dierich said her experience with the Skyline Locust and the Shademaster Locust tree is that they have no pods and their leaves are so small they have minimal waste and disintegrate leaving little debris. They also have a nice canopy and are salt resistant. She asked why they chose Elm trees because currently there isn't a species of Elm resistant to Dutch Elm disease. She asked if Ms. Anderson thought of using a Kentucky Coffee tree, which is a messier tree but is more disease resistant? Ms. Anderson said in the research they did for selecting the Accolade Elm, which is a hybrid, has shown to be very good at disease resistance. They have chosen not to use many of the Elm trees and have placed the trees 60 feet on center. Cities within the metropolitan area are starting to introduce hybrids such as these. By spacing the trees 60 feet apart if there is any type of disease spread the trees are not connected in any way so this would not spread disease. I I f 1 I Planning Commission Minutes of 03-15-04 -10- Commissioner Dierich said she knows the staff at the Maplewood Nature Center is trying to stay away from non-native trees and the Linden tree is the only non-native tree used in this design. She asked if the Maplewood Nature Center staff has had any input into this design and landscaping process? If they haven't she would like to make sure they see this plan and had the opportunity to offer input. Mr. Cavett said no the city has not involved the Maplewood Nature Cen'~er staff regarding the landscaping design. He said if this area were adjacent to open space such as the area by the roundabout at English and Frost then the staff would have consulted the Maplewood Nature Center staff. Commissioner Mueller said since we live in the City of Maplewood he asked if they thought of using Maple trees? Ms. Anderson said that was a consideration. She said Elms are flood plain trees that can withstand tough conditions such as living in cement medians and they are salt tolerant. She said Maple trees can't withstand the same tough conditions. Commissioner Mueller said he can't imagine there would be a 100% success rate for the trees to live, he asked what happens if the trees died, who would be responsible for replacing the trees? Mr. Ekstrand said he thought the trees were guaranteed for one year depending on what the maintenance agreement said. Ms. Anderson said the maintenance agreement would be for two-years. Mr. Cavett said yes the agreement is for two years and after that point if any tree should die the Public Works department would be responsible for replacing the trees as necessary. Chairperson Fischer said landscaping is not something the planning commission typically reviews, she asked if the reason this came before the commission was because of the streetscape? Mr. Ekstrand said the reason city staff brought this item before the planning commission is because this is such a large development and the city staff was looking for comments to help guide the process. Commissioner Trippler said he thought the plan was very nice and his only concern is the use of Elm trees along the boulevard and if a disease came through the trees would die all at the same time. He thinks we should mix in some other varieties of trees incase of disease. Commissioner Dierich said she likes the formalness of the plan and she too is concerned about the use of the Elm trees. She would like Ginny Gaynor with the Maplewood Nature Center open space to review the plan and get her input especially if we are not using native plantings. She said she appreciates that the city staff brought this before the planning commission members. Seeing this plan makes her excited to get things started in the Legacy Village area. Commissioner Pearson said he likes the plan and believes the more species you introduce the better chance for disease. Planning Commission Minutes of 03-15-04 -11- Commissioner Pearson moved to approve the right-of-way planting plans date-stamped February 3, 2004, for Kennard Street and the portion of Legacy Parkway between Kennard Street and Southlawn Drive in Legacy Village. Commissioner Desai seconded. Ayes- Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on March 22, 2004. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Desai was the planning commission representative at the February 9, 2004, city council meeting. Items discussed were the CUP for Ohlson Landscaping at 1949 Atlantic Street, which passed ayes all, and the resolutions of appreciation for Jackie Monahan-Junek and Will Rossbach, which passed ayes all. b. Ms. Dierich was the planning commission representative at the February 23, 2004, city council meeting. Items discussed were the Hillcrest Area Land Use Plan Map Changes and Zoning Map Change, which passed ayes all. Many residents in the Hillcrest area wanted to change their lots from residential to commercial zoning. The other item was the Woodhill Subdivision for 16 single-family homes on Linwood Avenue, which passed ayes all with various changes to the original plan. They reduced the development by one lot, the road was pushed closer to Linwood Avenue in order to bring the lots further back from the wetland, the developer deeded the city another 10 feet of land so the city has 30 feet from the wetland. They also will have a lower grade so there is less runoff, the setback on lot 5 was changed, they will be putting in boulders on the back of the lots in order to keep people from mowing into the no mow zone, the will use gutters to direct the water flow, there can be no fertilizer usage, and once the covenants are written the developer is going to allow the city to look at the covenants. c. No representation was needed from the planning commission for the March 8, 2004, city council meeting. d. No representation is needed from the planning commission at the March 22, 2004, city council meeting. Planning Commission Minutes of 03-15-04 -12- e. Mr. Trippler will be the planning commission representative at the April 12, 2004, city council meeting. Items to be discussed include the Easement Vacation for Van Dyke Village on Van Dyke Street and the Venburg Tire setback variance and CUP on Highway 61 North. X. STAFF PRESENTATIONS Mr. Ekstrand gave a brief summary of the Gladstone neighborhood meetings that were held at the Gladstone Fire Hall regarding the redevelopment of the Gladstone area recently. Mr. Roberts reported that Ramsey County is looking for a new site to build a new suburban courthouse. Currently Ramsey County leases space in the building on the 2700 block of White Bear Avenue near the mall and apparently the space is not working out. The county sent out requests to the suburban communities looking for a site about 2 acres near transportation and bus lines. The city council offered the site on the south side of the pond behind the Maplewood Community Center where the gardens were planted last summer. Mr. Roberts put together a memo and some maps for Ramsey County and the city council to review. The Ramsey County manager and the property manager talked to the city council and they thought it was a good site. The stipulation is that the city has to give the land to Ramsey County for their building and the city council has agreed to do so if the plan goes through. When the decision is made where to build the new courthouse, the plan is to begin construction in August 2004. XI. ADJOURNMENT The meeting was adjourned at 8:52 p.m. I I ~ 1 I TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: MEMORANDUM City Manager Ken Roberts, Planner Comprehensive Land Use Plan and Zoning Map Changes Azure Properties (Tom Schuette) Beam Avenue, west of Southlawn Ddve March 30, 2004 INTRODUCTION ProJect Description Mr. Tom Schuette, representing the property owner, is proposing a change to the comprehensive land use plan map and to the zoning map. This request is for the vacant property on the south side of Beam Avenue, between US Bank and the Ramsey County Library. (See the applicant's statement on pages 8 and 9 and the maps on pages 10 - 14.) Mr. Schuette is proposing these map changes to accommodate a future DQ Grill and Chill restaurant with an outdoor menu board and a drive-thru pick-up window. (See the preliminary site plans on pages 13 and 14.) The specific design plans for the restaurant will require a separate review and are not being considered at this time. Requests To proceed with this proposal, the applicant is asking the city council to approve the following: 1. A comprehensive land use plan change from BC-M (business commercial modified) to BC (business commercial). 2. A zoning map change from BC-M (business commercial modified) to BC (business commercial). BACKGROUND On April 22, 2002, the city council adopted a zoning code amendment for the BC-M zoning district. The city has pdmadly used BC-M zoning in commercial areas that are next to residential property. In an attempt to lessen the impacts of the commercial uses next to residential property, the amendment changed the conditional uses in the BC-M zone to prohibit restaurants with ddve-up food or beverage windows or outdoor menu or ordering boards. This change prohibits McDonalds or similar restaurants with ddve-up windows or outdoor ordedng boards from locating on property that the city has zoned BC-M. DISCUSSION Land Use Plan Change The city does not have any specific cfiteda for land use plan changes. Any changes to the plan, however, should be consistent with the goals and policies in the comprehensive plan. In this case, there are six land use goals and eight development policies in the comprehensive plan that the city should consider when reviewing this request. I I I' I 1 The applicable land use goals include: Provide for ordedy development. Protect and strengthen neighborhoods. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. Minimize the land planned for streets. Minimize conflicts between land uses. Prevent premature use, overcrowding or overuse of land, especially when supportive services and facilities such as utilities, drainage systems or streets are not available. The applicable development policies (to implement the plan goals) include: The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. 2. Safe and adequate access will be provided for all properties. Transitions between distinctly diffedng types of land uses should not create a negative economic, social or physical impact on adjoining developments. Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man-made or natural barriers. 5. The city coordinates land use changes with the character of each neighborhood. 6. Group compatible businesses in suitable areas. 7. Promote the joint use of parking areas, ddves and trash containers. 8. Avoid disruption of adjacent or nearby residential areas. The proposal to change the land use plan from BC-M to BC for the site would meet these goals and policies. Business Commercial (Modified) Zoning and Restaurants The city considers the BC(M) zoning district to be a Iow-intensity commercial district since it is usually located adjacent to residential property. The city code states the intent of the BC(M) zoning distdct is "to provide for the ordedy transition between more intensive commercial uses and Iow or medium density residential areas. Restriction on, but not limited to, building height, setbacks, orientation, parking lot location, or location of building entrances may be required to ensure compatibility with abutting residential uses." (See the BC-M code section starting on page 21). The intent of the ordinance prohibiting restaurants with ddve-up order windows is to ensure that restaurants do not cause a negative impact on adjacent residential properties through idling of cars, gasoline exhaust fumes, and intercom noise which may be associated with ddve-up order windows. For comparison purposes, I have included the BC zoning code starting on page 17 and the BC-M zoning code starting on page 21. Land Use and Zoning Map Changes The land area of the entire parcel is 7.6 acres. The existing two land uses (Outback and US Bank) and the proposed restaurant lease their land areas from the property owner, Azure Properties. Of the 7.6 acres, about 4.7 acres of the parcel is now vacant and most of that area should be developable. However, the actual number of buildings and the parking lot and driveway layout that could be constructed on the site will be limited by city standards and variables such as site access, grading and drainage, storm water facilities, wetland delineation, and setbacks. It is important to note that any new development will be subject to all city-required development standards, including setbacks from the wetland to the south. In this particular case, the proposed restaurant site is adjacent to the US Bank and is next to city- owned park property. Additionally, the vacant part of this property (the 4.7 acres) is not immediately adjacent to land that the city has planned or zoned for residential uses. Therefore, the changing of the land use plan and zoning map for the vacant part of this property to higher-intensity land use and zoning classifications will complement the existing land uses in the area and should not negatively affect any of the existing area land uses. RECOMMENDATIONS A. Adopt the land use plan change resolution starting on page 24. This resolution changes the comprehensive Land use plan map for the vacant property on the south side of Beam Avenue between US Bank and the Ramsey County Library from BC-M (business commercial modified) to BC (business commercial). The city is making this change because it will: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding or overuse of land especially when supportive services and facilities, such as utilities, drainage systems or streets are not available. 7. Help to implement the goals of the comprehensive plan including: a. The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. b. Safe and adequate access will be provided for all properties. I I F 1 I c. Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man-made or natural barriers. d. The city coordinates land use changes with the character of each neighborhood. e. Group compatible businesses in suitable areas. f. Promote the joint use of parking areas, ddves and trash containers. g. Avoid disruption of adjacent or nearby residential areas. Adopt the zoning map change resolution on page 26. This resolution changes the zoning map for the vacant property on the south side of Beam Avenue between the US Bank and the Ramsey County Library from BC-M (business commercial modified) to BC (business commercial). The city is making this change because: The proposed change is consistent with the spidt, p, urpose 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 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. This approval does not include site plan or architectural approval. The applicant must apply to the city (the community design review board) for the approval of all project plans. Any new development or construction will be subject to meeting all required development standards, including setbacks from the wetland to the south. 4 CITIZEN COMMENTS I surveyed the owners of the nine properties within 500 feet of the site. received, one was in favor of the proposal and one was against: In Favor Of the two responses Concerns Against 1. Please see the letter from Jon Brandt on page 16. REFERENCE INFORMATION SITE DESCRIPTION Site Size: 7.6 acres (entire pamel), 4.71 acres (vacant portion) Existing Land Use: Vacant Land SURROUNDING LAND USES North: South: East: West: Commercial development across Beam Avenue City-owned park property US Bank and Outback Steakhouse (zoned BC-M) Ramsey County Library PLANNING Existing Land Use and Zoning: Proposed Land Use and Zoning: BC-M (business commercial modified) BC (business commercial) CRITERIA FOR APPROVAL 1. Land Use Plan Change: There are no specific cdteria for land use plan changes. Any change, however, should be consistent with the goals and policies in the comprehensive plan. 2. Rezoning: Section 44-1165 of the city code requires that the city council make the following findings to rezone property: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. 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. APPLICATION DATE The city received the complete application and supporting materials for this proposal on March 4, 2004. As such, the city needs to take action on the proposal by May 3, 2004, unless the applicant agrees to a time extension. I I I ~I P:comdev\sec3\DQ Grill & Chill LUP change Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Applicant's Statement Location Map Land Use Map Property Line/Zoning Map Site Plan Site Plan (Enlarged) E-mail response from Cliff Aichinger March 15, 2004 letter from Jon Brandt Pages 44-66 through 44-72 of the city code Land Use Plan Change Resolution Zoning Map Change Resolution I I I ] AZURE PR OPER TIES P.O. BOX 17830 ST. PAUL, MN 55117-7830 (651) 484-0070 (FAX) 486-3444 Attachment 1 March 4, 2004 Attn: Tom Ekstrand City of Maplewood 1830 County Road B East Maplewood, MN 55109 RE: Rezoning Application Approximately 8 acres Southwest Corner of Beam Avenue & Southlawn Maplewood, MN [4AR O 5 2009 RECEIVED Dear Tom, Please find enclosed the Rezoning Application and a Comprehensive Plan Amendment Application for the 8 acre parcel at the southwest corner of Beam Avenue and Southlawn Drive in Maplewood. Enclosed with the Application is the following: a) One (1) copy of the Site Plan drawn to scale showing the proposed and existing buildings. b) Site drawing of the proposed Chill & Grill restaurant. The purpose of the rezoning request is to permit the property to be used for a DQ Grill & Chill restaurant with outdoor menu board and drive-thru pick-up window. The current zoning of Business/Commercial Modified permits the intended uses of the property which include office, retail and restaurant. The change will provide for all of the same uses except that a restaurant with drive-thru and outdoor menu board will be permitted. We request approval because the Business/Commercial modified zoning is intended to be used in a buffer situation where commercial property is located adjacent to residential property. The difference here is that this commercial property is adjacent to the Ramsey County Public Library and also adjacent to a City wetland. The only part of the site which is adjacent to residential property is the eastern end of the property which is already developed and occupied by the Outback Steakhouse and US Bank. The rezoning will not have an impact on traffic congestion as Beam Avenue is designed to carry commercial traffic and to provide access to Maplewood Mall. Traffic on Beam Avenue will also be reduced by the future completion of the extension of County Road D to Highway 61. The re-zoning will not have any impact on safety. Rezoning will not have an impact upon property values as the undeveloped part of this property is adjacent to the Public Library and City wetland. The zoning change will not injure or detract the use of neighboring property or from the character of the neighborhood. This property is part of the Maplewood Mall commercial area and is intended to be developed to a commercial use. The existing utilities have been built to accommodate commercial use in this area. 8 I I I 1 I Please find enclosed a list of property owners and their addresses for all property within 500 feet of this property. Also, enclosed is the rezoning application fee of $788.00 and the Comprehensive Plan Amendment application fee of $1,148.00. Thank you for your consideration of this re-zoning application. regarding this matter. Thomas M. $chuette On behalf of Azure Properties Please call if I can answer any questions TMS/kl Enclosure 9 I I f 1 I Attachment 2 D COUN1Y ~OAD D WHITE 1. SUMMIT CT. 4. LYDIA A~-. o (/) BEAM [] Z AVE. ~,. R~. AVE. AVE. NORTH 17( LOCATION lO MAP '4 I 1 ~ 'T I BEAM AVE I. .~, RADATZ A ~o~ I I ~ I I BEAM AVE LIBRARY RADATZ AY Attachment 5 A VENUE SITE PLAN 13 I I [ I 1 Attachment 6 BEAM AVENUE SITE PLAN (ENLARGED) i4 Attachment 7 Ken Roberts From: Sent: To: Subject: Clifton Aichinger [cliff@~mwd.org] Wednesday, March 10, 2004 1:03 PM Ken Roberts Azure Properties Review. Ken- Thank you for the referral of the proposed Azure Properties rezoning and Chill & Grill project. The proposed commercial uses of the property are consistent with the District plan for this area. The site plan for the Chill & Grill appears to infringe on the wetland buffer requirements for the wetland to the south of the property. Without more detailed inspection of the site I can't tell if this are would be considered a stream section for Kohlman Creek or if it is a wetland area. It appears to be a wetland complex from our earlier inventories. The District 75' buffer requirement is at the approximate top of the slope from the wetland. The City's 100' buffer would extend into the flat part of the lot. The proposed site plan appear to extend beyond the top of the slope and into the District 75' buffer requirement. Our interest would be to keep disturbance from development and grading off of the slope leading down to the wetland. This would require a modification to the site plan. Feel free to contact me if you have any questions. Cliff Clifton J. Aichinger Ramsey-Washington Metro Watershed District 1902 E. Co. Rd. B Maplewood, MN 55109 Phone: 651-704-2089 fax: 651-704-2092 cell: 651-238-4448 15 I 1 ? I 1 Attachment 8 2831 5outhlown Drive, Maplewood, MN 55109-1146 Fox; 651-748-1284 · jonbrondt~ool.com · Phone: 651-777-5004 March 15, 2004' To: Ken Roberts, Associate Planner Community Development City of Maplewood From: Jon Brandt Re: Proposed zoning change - Beam Avenue Azure Properties: DQ Grill and Chill Restaurant Dear Ken, I am the owner of residential property adjacent to the commercial property proposed for a DQ drive-thru restaurant. I am strongly opposed to the rezoning proposal because of the adverse impact on current and future homeowners. When I bought my property I accepted that there would be some commercial development of the adjacent property, but understood that zoning limits would curtail the high traffic, late night and weekend noise and activity that is characteristic of the proposed development. Despite detrimental impact on the quiet enjoyment of our residential property, I did not oppose the development of the adjacent Outback Steakhouse or the US Bank. Being located next to the Outback has resulted in ongoing disturbances, including angry, late-night confrontations, midnight steam cleaning, and 6:00 am garbage truck pickups. Delivery trucks, heady every day, are so loud some days that we have to close windows to carry on a c°nversation. Several times a year we go out with trash bags to pick up restaurant trash that blows on to my property. There's a steady flow of liquid waste from the Outback dumpster that flows down the alleyway because of improper grading. Sometimes Outback customers overflow their parking lot, filling both sides of the street in front of my house. Commercial lighting floods our backyard every night. On balance, the Outback has been tolerable. Although they serve alcohol, it's primarily an upscale restaurant. They generally don't open before 4 pm and are closed by 11 pm on weekends; earlier on weeknights. They generate little traffic down the commercial alleyway past our property, and the owner, Steve Parr, is on site and has generally been responsive to our concerns. The US Bank drive-thru has generated enormous traffic down the Outback commercial alleyway~ 25 feet from my property. The bank, s drive-thru speaker system is very loud, apparently so customers can hear the tellers over car engines and radios. As a resUlt people in three adjacent houses can listen to entire transactions between tellers and customers, from within .our homes. The US Bank generates a continuous flow of traffic past my property, but they are only open during typical daytime banking hours, and Saturday mornings. The evening and weekend ATM traffic is steadily increasing. The noise and immense traffic that would be generated by the DQ drive-thru and restaurant would be an unacceptable addition to the existing commercial burden. I anticipate the restaurant will be open long hours, generating a continuous flow of traffic past my property, all day, all evening, and all weekend. Despite the best efforts of management, noise and blowing trash is a problem with all fast food outlets. Stepped zoning is a well-established principle of good urban planning. The City of Maplewood approved' my zoning request for town homes in 1988, on the basis of transitional zoning between R-1 residential and Beam Avenue modified commercial. In fact I was not allowed to put an R-2 twin-home on my property, because of the perceived impact on the R-1 single-family homes next door. I expect the City of Maplewood to protect my residential property in a similar manner, by maintaining the current limits on commercial development. I have plans underway for the development of town homes adjacent to the proposed DQ. Such commercial development may diminish the value of my residential property. I also have an obligation to the future homeowners to protect their quiet enjoyment from adverse commercial development. Because of the unacceptable and objectionable impact on current and future residences I am strongly opposed to the zoning change. Thank you. 16 I I I 1 I Attachment 9 § 44-474 MAPLEWOOD CODE Sec. 44-474. Determination of questions concerning appropriateness of use within district. Where there is a question concerning the appropriateness of a particular use as permitted or conditional within the CO commercial office district, the planning commission shall review the question and forward a recommendation to the city council for final determination. (Code 1982, § 36-139) Secs. 44-475--44-510. Reserved. DIVISION 10. BC BUSINESS COMMERCIAL DISTRICT* Subdivision L In General Sec. 44-511. Permitted uses. The city shall only permit the following uses by right in a BC business commercial district': (1) A dwelling unit for one family in combination with a business use. (2) Hotel, motel or tourist cabins. (3) Retail or commercial rental activities, office, clinic, studio, bank, personal service, day care center, mortuary or funeral home, restaurant or on-sale liquor business subject to license. All on-sale liquor business not associated with a restaurant shall be at least 350 feet from any property that the city is planning for residential use. All business, storage or display, excep~ signs and parking, shall be in a closed building. (4) For motor vehicles, the following activities if not within 350 feet of any property that the city is pl-nging for residential use: a. The sale or leasing of new motor vehicles. b. The sale or leasing of new and used motor vehicles when all such activities are on the sa_me property. c. The rental of motor vehicles as an accessory use to the sale or leasing of new motor vehicles. (5) Publishing, photocopying or printing establishment. (6) Indoor theater. (7) Laundry. - (8) Bakery or candy shop, which produces goods for on-premises retail sale. (9) Parking lot as a principal use. (10) Motor vehicle accessory installation center. *Cross reference--Businesses an~i licensing, ch. 14. CD44:66 17 I I I 1 I ZONING § 44-512 (11) (12) (13) (14) (15) (i6) CNG (compressed natural gas) or LPG (liquid petroleum gas) dispensing facilities. Tanks shall not_ exceed a water capacity of 1,500 gallons for those dispensing facilities whose primary purpose is to produce power and light for nonvehicle uses, such as at 3M, NSP's facility on CenturyAvenue, or for temporary use on construction sites. Refer to the licensing requirements in chapter 14, article X. CNG (compressed natural gas) or LPG (liquid petroleum gas) retail dispensing facilities--Limited capacity. Tanks shall not exceed a water capacity of 1,000 gallons for dispensing facilities as an accessory use to a motor fuel station or convenience store, the primary purpose of which is the filling of LPG tanks for recreational vehicles, portable heaters and gas grills. These limited-capacity dispensing facilities shall be at least 350 feet from any property the city is planning for residential use. Repair shop, except motor fuel stations or maintenance garages. All business, storage or display~ except signs and parking, shall be in a closed building. Organized athletic activities, such as dance, physical fitness or karate, that are conducted indoors. Itinerant carnivals, subject to the licensing requirements in chapter 8, article IV. Any use that would be similar to any of the uses in subsections (1) through (15) of this section, ff it is not noxious or hazardous. (17) Aduit use accessory, subject to the requirements in chapter 14, article III. (Code 1982, § 36-151(a); Ord. No. 825, § 1, 4-8-2002; Ord. No. 835, § 2, 11-13-2002) Sec. 44-512. Conditional uses. In a BC business commercial district, the following uses must have a conditional use permit: (1) All permitted uses in the R-3 district. (2) Processing and distributing station for beverages. (3) Place of amusement, recreation or assembly, other than an indoor theater, indoor athletic activity or itinerant carnival. (4). The exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard. The city may require screening of such uses Pursuant to the screening requirements of subsection (6)a of this section. (5) For motor vehicles, the following activities, if not within 350 feet of any property that the city is planning for residential use: a. The sale or leasing of used motor vehicles. b. The storage or rental of motor vehicles. CD44:67 ]8¸ § 44-512 MAPLEWOOD CODE (6) (7) (8) Metal storage buildings, if the building meets the findings for a conditional use permit and the following findings: a. No more than 20 percent of the building would be visible from streets or the highest topographical point of the nearest residential lot lines. b. The building would not be of lesser quality than surrounding development. If the screening is removed or dies and the owner does not replace it, the city council may require that the owner remove the building. If the value of the building exceeds $25,000.00, the city council shall allow at least a five-year amortization period. Craftsman shop. Motor fuel stations, motor vehicle wash or maintenance garages, if they meet the findings for a conditional use permit and the following findings: a. The setback of any overhead canopy shall be at least 15 feet from the street right-of-way line and five feet from a nonresidential~ property line. b. The setbacks to a residential lot line in section 44-20(c)(6) shall include motor vehicle washes, fuel dispensers or canopies. c. All parts of major motor fuel stations, motor vehicle washes or maintenance garages shall be at least 350 feet from any property the city is plann]r~g for residential use. d. No unlicensed or inoperable vehicles shall be stored on the premises for more than 48 hours, except in Storage areas that are fully screened from public view. e. All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. f. All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance Shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. The city must approve the location 'and type of outdoor storage in the conditional use permit. h. Noise from operations, including external speakers, shall not exceed the noise standards of the state pollution control agency. i. No motor fuel station or maintenance garage within 350 feet of a residential lot line shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. The city council may allow or require different hours of operation as part of the approval process of a conditional use permit for maintenance garages and motor fuel stations. Fuel station dispenser islands, parking areas, and drives shah be screened from residential lot lines in conformance with section 44-19(c) and (d). g. k. Parking shall be limited 'to paved areas. CD44:68 19 ZONING § 44-512 1. All new or replacement underground fuel Storage t,nl~ shall meet the standards of state statutes and the standards of the state pollution control agency. Such tsnl~ shall also have a UL listing appropriate for their use. In ,addition, installation plans shail be submitted to the state fire marshal's office for approval. m. There shall be leak detection equipment on all new and existing tanks according to U.S. Environmental Protection Agency (EPA) schedule deadlines. Leak detec- tion facilities shall include electronic (in tank) monitoring equipment as well as manual daily measurement and recording of tnnl~ levels. Records of daily tank levels, fuel purchases and fuel sales shall always be avsilable on site for inspection' by the fire marshal. n. Vents/rom an underground fuel storage tank shall be 200 feet/rom a residential lot tine. The city council may approve a lesser setback ff the developer can prove that the topography or existing or proposed buildings will prevent fumes from reaching a residential lot line. o. Motor vehicle washes shall be subject to the same conditions as stated for motor vehicle fuel stations, with the following additional conditions: 1. Water from a motor vehicle wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. 2. There shall be stacking space for at least four vehicles. (9) Privately owned mining or material recycling facility. The processing of recyclable materials shah be in an enclosed building and shall be at least 350 feet from any property the city is planning for residential use. (10) Any use that would be similar to any of the uses in subsections (1) through (10) of this section, flit is not noxious or hazardous. (11) Any building or outside use, except parking, that is within 75 feet of a residential building. (12) Pawnbroker as defined in chapter 14, article XII. All pawnbrokers are subject to the following: a. They must be located at least 500 feet from a residential lot line and at least 500 feet of any school or church. b. They must have city licensing as regulated in chapter 14, article X_II. (13) Retail firearms sales ffthe business, store or shop is'at least 350 feet from any property the city is planning for residential use. All such businesses are subject to all. applicable state and federal licenses. CD44:69 20 I 1 T I 1 § 44-512 MAPLEWOOD CODE (14) C ,urrency exchange as defined in chapter 14, article XII. All currency exchanges are subject to the following: a. They must be located at least 500 feet from a residential lot line and at least 500 feet of any school or church, b. They must have city licensing as regulated in chapter 14, article XII. (Code 1982, § 36-151(b); Ord. No. 792, § 1, 11-23-1998; Ord. No. 786, § 1, 11-10-1997; Ord. No. 825, § 1, 4-8-2002) Secs. 44-513--44-535. Reserved. Subdivision fi. LBC Limited Business Commercial District Sec. 44-536. Permitted uses. (a) Permitted uses in the LBC limited business commercial district are the following: (1) Offices; (2) Medical or health-related clinics; and (3) Day care centers. (b) The city will allow uses similar to the uses in subsection (a) of this section if they would not create a nuisance and if they are not nox/ous or hazardous. The city council shall review uses that are not clearly similar for a determination of compatibility. (Code 1982, § 36-154(a); Ord. No. 802, § 1, 6-26-2000) Secs. 44-537---44-555. Reserved. Subdivision III. BC(M) Commercial District (Modified) Sec. 44-556. Intent. The BC(M) business commercial district (modified) is intended to provide for the orderly transition between more intensive commercial uses and low or medium density residential areas. Restrictions on, but not limited to, building height, setbacks, orientation, parking lot location, or location of building entrances may be required to ensure compatibility with abutting residential uses. (Code 1982, § 36-155(a)) Sec. 44-557. Permitted uses. In the BC(M) business commercial district (modified), the city shall only permit the following uses by right: (1) Retail or commercial rental activities, office, clinic, studio, bank, personal service, day care center, craftsmen's shop or mortuary. All business, storage or display, except signs and parking, shall be in a closed building. CD44:70 ZONING § 44-559 (2) Hotel or motel. - (3) Indoor theater. (4) Publishing, photocopying or printing establishment. (5) Bakery or candy shop producing goods for on-premises retail sales. (6) Motor vehicle accessory installation center. (7) Repair shop, except motor fuel stations or maintenance garages. All business, storage or display, except signs and parking, shall be in a closed building. (8) Organized atkle~ic activities, such as dance, physical fitness or karate, that are conducted indoors. (9) Itinerant carnivals, subject to the licensing requirements in chapter 6, article VI. (10) Any use that would be similar to any 9fthe uses in this section, if it is not noxious or hazardous. (Code 1982, § 36-155(b)) Sec. 44-558. Conditional uses. In the BC(M) business commercial district (modified), the following, uses must have a conditional use permit: (1) All permitted uses in the R-3 multiple-dwelling district. (2) Laundry. (3) Restaurant, where there are no drive-up food or beverage order windows or outdoor menu or ordering boards serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residences. (4) Place of amusement, recreation or assembly, other than an indoor theater, indoor athletic activity or itinerant carnival. (5) Minor motor fuel station, subject to the requirements in section 44-512(8). (6) On-sale liquor business, subject to license. (7) Any use that would be similar to any of the uses in this section, if it is not noxious or hazardous. (Code 1982, § 36-155(c); Ord. No. 827, § 1, 4-22-2002) Sec. 44-559. Prohibited uses. Prohibited uses in the BC(M) business commercial district (modified) are as follows: (1) Drive-in theaters or drive-in restaurants. (2) Commercial or fee parking lots where such use is the only use of a given parcel or where such use provides for general rather than specific use parking. (3) The exterior storage, display, sale, or distribution of equipment, goOds, or materials. CD44:71 22 ] I l- 1 ] § 44-559 MAPLEWOOD CODE (4) Carwash.' (5) ' Public garage or major motor fuel station. (6) Compressed na~aral sas or liquid ~etrol~ ~as di~p~n~in~ £aeilltles. (7) Restaurants with drive-up food or beverage windows. (8) Restaurants with outdoor menu or ordering boards. (Code 1982, § 36-155(d); Ord. No. 827, § 1, 4-22-2002) Sec. 44-560. Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Drive-in restaurant means a restaurant with a drive-up order window or serving of food to patrons in their automobiles. Drive-up food or beverage window means an opening in the wall of a building or restaurant designed and intended to be used to provide food and/or beverage sales and/or food and/or beverage service to patrons who remain in their vehicles. (Code 1982, § 36-155(e); Ord, No. 827, § 1, 4-22-2002) Cross reference--Definitions generally, § 1-2. Secs. 44.561--44-595. Reserved. DMSION 11. SC SHOPPING CENTER DISTRICT* Sec. 44-596. Permitted uses. The city shall only permit the following uses by right in the SC shopping center district: (1) Retail or commercial rental activities, restaurant, on-sale liquor business subject to hcense, office, clinic, studio, bank, personal service, day care center, craftsmen's shop or mortuary. All business, storage or display, except signs and parking, shall be in a closed building. (2) Publishing, photocopying or printing establishment. (3) Indoor theater. (4) Laundry. (5) Bakery or candy shop, which produces goods for on-premises retail sale. (6) Motor vehicle accessory installation center. (7) Repair shop, except motor fuel stations or maintenance garages. All business, storage or display, except signs and parking, shall be in a closed building. *Cross reference--Businesses and licensing, ch. 14. CD44:72 I I ~ 1 I '? i Attachment 10 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Tom Schuette, representing the property owner, proposed a change to the city's land use plan from BC-M (business commercial modified) to BC (business commercial). WHEREAS, this change applies to the vacant property on the south side of Beam Avenue between US Bank and the Ramsey County Library (the west 550 feet of Parcel 03-29- 22-11-0018), Maplewood, Minnesota. WHEREAS, the history of this change is as follows: On April 5, 2004, the planning commission held a public headng. City staff published a headng notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public headng whereby all public present were given a chance to speak and present wdtten statements. The planning commission recommended that the city council the proposed plan amendment. On Apdi 26, 2004, the city council discussed the proposed 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 land use plan change because it will: 1. Provide for ordedy development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding or overuse of land especially when supportive services and facilities, such as utilities, drainage systems or streets are not available. 7. Help to implement the goals of the comprehensive plan including: a. The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. b. Safe and adequate access will be provided for all properties. Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man- made or natural barriers. d. The city coordinates land use changes with the character of each neighborhood. 24 ] t r e. Group compatible businesses in suitable areas. f. Promote the joint use of parking areas, ddves and trash containers. g. Avoid disruption of adjacent or nearby residential areas. The Maplewood City Council adopted this resolution on ,2004. ZONING MAP CHANGE RESOLUTION Attachment 11 WHEREAS, Tom Schuette, representing the property owner, proposed a change to the city's zoning map from BC-M (business commercial modified) to BC (business commercial). WHEREAS, this change applies to the vacant property on the south side of Beam Avenue between US Bank and the Ramsey County Library (the west 550 feet of Parcel 03-29- 22-11-0018), Maplewood, Minnesota. WHEREAS, the history of this change is as follows: On Apdl 5, 2004, the planning commission recommended that the city council the rezoning change. On Apdl 26, 2004, 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 wdtten 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: 1. 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 ,2004. 26 ] 1 ~ 1 I TO: FROM: SUBJECT: LOCATION: DATE: MEMORANDUM Richard Fursman, City Manager Shann Finwall, Planner Alley Right-of-Way Vacation North of 2200 English St., between English St. and Co. Rd. B March 30, 2004 INTRODUCTION Laura Schryver and Angel Bernal are requesting the vacation of an-unused alley right-Of- way. The vacation is requested for a 20-foot-wide alley right-of-way located to the north of 2200 English Street, between English Street and County Road B. DISCUSSION Angel Bernal's father and mother, Domingo and Trinidad Bernal, own the property at 2200 English Street (hereinafter the "property"). The property is 0.85 acres in size and is the site of the Bernal family home. The property is located to the south of the unused alley right-of-way. To the north of the alley right-of-way are two small parcels. Neither of these parcels can be developed because they do not meet the minimum lot area or width requirements. The applicants have been attempting to contact these property owners to inquire about the purchase of the parcels. If the applicants are able to purchase the parcels, they propose to combine the two parcels with the property, for a combined land area of 1.1 acres. Angel Bemal and his brothers hope to subdivide the combined parcel in the future. The i~ombined parcel could possibly accommodate four to five new single-family lots. Regardless of the purchase of the two northerly parcels and future complete subdivision of the property, the applicants propose to subdivide one lot from the property this spring for the construction of their new home. The applicants are requesting the vacation of the alley right-of-way to make room for the subdivision of one lot, as well as any future subdivision of the property. SUMMARY State statute requires that a petition approving the vacation of an alley be submitted to the city council by a majority of the owners of land abutting the alley. To date, the applicants have been unsuccessful in contacting one of the abutting property owners and were therefore unable to submit such a petition. State statute further states that the city council may approve the vacation of an alley by a four-fifths vote if the vacation appears in the interest of the public to do so. The unused alley right-of-way does not contain utilities and the city does not have plans to construct the. alley in the future. Therefore, staff finds the vacation in the interest of the public and recommends approval of the vacation of the unused alley right-of-way. RECOMMENDATION Adopt the resolution on page six. This resolution vacates the unused alley right-of-way located north of 2200 English Street, between English Street and County Road B. The city should vacate this right-of-way because: It is in the public interest. The city and the adjacent property ownerS have no plans to build an alley in this location. The adjacent properties have street access. Alley Right-of-Way Vacation 2 March 30, 2004 T REFERENCE SITE DESCRIPTION Site size: Existing Use: .85 Acres Single-Family Home SURROUNDING LAND USES North: South: East: West: Unused Alley Right-of-Way Single-Family Homes English Street and Single-Family Homes McAfee Circle and Single-Family Homes PLANNING Land Use Plan Designation: Single-Family Residential Zoning: Single-Family Residential Criteria for Approval Minnesota Statutes, Section 412.851 states that the council may by resolution vacate any alley on its own motion or on petition of a majority of the owners of land abutting the alley. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by a two-week published and posted notice. Application Date We received the complete application for this proposal on March 16, 2004. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by May 15, 2004, unless the applicant agrees to a time extension. Sec 10/2200 English Street Alley Vacation Memorandum Attachments: 1. Location Map 2. February 23, 2004, Correspondence from Applicants 3. Alley Vacation Resolution Alley Right-of-Way Vacation March 30, 2004 Attachment 1 Undevelopable Parcel Unused Alley 2200 English Future Single-Family Lot Undevelopable Parcel Location Map A~acnmen~ ~ February 23, 2004 To Whom It May Concern: This is a proposal of the property on 2200 English street in Maplewood to ask the city to vacate the south side of the property, enclosed is a map and the area which is highlighted in what area it pretends to. Years ago when Ed Kaves own most of the property around the Bernal resident, the property then was sold to different owners, and at that time it was a verbal agreement that the alley way property would go to the Bemal property, but at that time nothing was done legal or no paper work was completed and sign. Domingo and Tridad Bemal will be gifLing the property to the family, and at this time we would like to have the land surveyed and then eventually able to build a house on the North side of the property a map is enclosed of what area) on the comer of the Mcafee circle, and the rest of the land would stay as is. Until Mr. and Mrs. Bemal have past on. It was suggested to have that whole area go to one owner or family so there is not as much confusion for the property and who own what. Thank you, a ~ ALLEY VACATION RESOLUTION Attachment 3 WHEREAS, Laura Schryver and Angel Bernal applied for the vacation of the following- described right-of-way: An unused alley right-of-way located north of 2200 English Street, between English Street and County Road B in the Southwest Quarter of the Southwest Quarter of Section 10, Township 29, Range 22 West, Ramsey County, Minnesota WHEREAS, the history of this vacation is as follows: On April 5, 2004, the planning commission recommended that the city council approve the vacation. On April 26, 2004, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: Subject to Roadway, Lots 15 through 20, Block 12, Sabin Addition to Gladstone 2200 English Street, Maplewood, Minnesota PIN: 10-29-22-33-0041 Except Roadway, Lot 14, Block 12, Sabin Addition to Gladstone PIN: 10-29-22-33-0040 Part of Southwesterly Roadway of Lots 10-13, Block 12, Sabin Add. to Gladstone PIN: 10-29-22-33-0039 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-of-way vacation for the following reasons: It is in the public interest. The city and the applicant have no plans to build an alley in this location. The adjacent properties have street access. The Maplewood City Council adopted this resolution on ,2004.