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04/19/2004
1. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, April 19, 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. Apdl 5, 2004 5. Public Hearings None 6. New Business a. Kennard Street right-of-way vacation (north of Sextant Avenue) Conditional Use Permits - Peltier (1236 Kohlman Avenue) Expansion of Non-Conforming Residential Use Over-Sized Accessory Structure Co Toenjes Hills Estates (McMenemey Street) Vacations Preliminary Plat 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. April 12 Council Meeting: ?? (was to be Mr. Trippler) b; April 26 Council Meeting: Mr. Desai c. May 10 Council Meeting: Mr. MUeller ' 10. Staff Presentations 11. Adjoumment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 5, 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: Ken Roberts, Planner Lisa Kroll, Recording Secretary II1. APPROVAL OF AGENDA Mr. Roberts added item X. b. under staff presentations the Gladstone Redevelopment process. Commissioner Pearson moved to approve the agenda as amended. Commissioner Trippler seconded. Ayes- Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for March 15, 2004. Chairperson Fischer noticed in the March 15, 2004, minutes the recording secretary inadvertently left off the last motion fOr item D. the approval of a lot division, for Venburg Tire, which was corrected prior to the meeting and was inserted into the revised minutes on page 8. Commissioner Dierich had a word clarification on page 4 in the 4th paragraph. Change the word confused in the first sentence to concerned. Commissioner Trippler had a sentence clarification on page 6 in the 2nd paragraph. The words in bold should be added to the sentence and should read: Commissioner Trippler asked the applicant what the two large doors on the west side of the building are for and what was going to be on the other side of the two doors? Commissioner Trippler moved to approve the planning commission minutes for March 15, 2004, as amended. Planning Commission Minutes of 04-05-04 Commissioner Pearson seconded. V. PUBLIC HEARING -2- Ayes- Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler a. Proposed DQ Grill and Chill (West of 1760 Beam Avenue) Mr. Roberts said Mr. Tom Schuette, representing the property owner, is proposing a change to the comprehensive land use plan map and 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. 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. The specific design plans for the restaurant will require a separate review and are not being considered at this time. Commissioner Dierich asked if there was a reason this couldn't be done by a variance verses changing the zoning? Mr. Roberts said the state law doesn't allow you to do a variance for a use or zoning designation, it only allows a variance for measurements or setbacks. Commissioner Dierich asked if in the past the city had ever changed the BC-M zoning to accommodate this type of a use? Mr. Roberts said yes for the 5-8 Club, otherwise the only other BC-M zoning is along Beam Avenue. Commissioner Dierich asked how large the R3-C property was behind the residential homes? Mr. Roberts said the R3-C property is about 1.6 acres and could contain 9 units. Commissioner Dierich asked what the setback was for BC-M from residential and for BC for residential. Mr. Roberts said the setback is the same for all commercial districts. He said for a parking lot it has to be setback at least 20 feet and the building has to be at least 50 feet from another residential property. Commissioner Dierich asked if it would be more acceptable to staff to have the DQ Grill and Chill closer to the library and move the drive thru to the other side of the building so people would not exit out into the ally? Mr. Roberts said that's a detail that has not been looked into but it makes more sense to him. Commissioner Dierich asked what staff envisioned for the rest of this site if this is zoned BC? Mr. Roberts said Mr. Schuette could answer the question. Commissioner Pearson asked if there was any plan for the rest of this site? It appeared after they bulldozed the site there is a lot of debris, garbage and old tires that need to be cleaned up. Planning Commission Minutes of 04-05-04 -3- Mr. Roberts said that would be reviewed as part of the site plan review but staff hasn't gotten to that level of detail yet. Commissioner Trippler said he read the statute in the staff report and asked why the bank and the drive thru wasn't excluded from the BC-M zoning? He thought a drive thru at a bank would have the same type of problems that a drive up window at a restaurant would have and therefore, should have been excluded from the BC-M zoning. Mr. Roberts said it could have the same type of problems. The bank was built in 2002, which was the last time the BC-M code was changed. The BC-M district lists banks as a permitted use but doesn't differentiate between banks and banks with drive up facilities. He said staff may have to review that for a possible code change. Commissioner Trippler said he read the residents complaint regarding the bank drive thru window and the issue that they can hear the telledcustomer conversations in their house. Mr. Roberts said as far as the speaker systems go the hours of operation for a bank are not as late as restaurant hours. Commissioner Trippler said he understands that the parcel that site is looking at will not be immediately adjacent to residential and currently there is a duplex and a single family home on the corner. He asked, isn't it possible that there could be some additional dwellings built on the properties marked R3-C, which would be practically right next door? Mr. Roberts said the properties marked R3-C would be getting close to this site. Commissioner Dierich asked staff wasn't the purpose of the BC~M zoning so there would be a break between residential and commercial property? Mr. Roberts said the code was set to have transition between properties. The city has to draw the line somewhere, which they have, however the applicant requested that the code be changed. Commissioner Bartol said it would be inappropriate to not consider what tyPe of businesses are operating in this location and the time of day they are operating. The bank is primarily a daytime operation and the restaurants are early evenings to late nights. He asked what type of hours the city could expect from a drive thru restaurant like the proposed DQ Grill and Chill? He would compare the drive thru issues to parking lot activity that can get loud and intrusive in the evenings. He asked if there was any consideration within the BC-M zoning for the type of business that is being conducted? He said a speaker box operating during daytime hours may be more acceptable than one that is operating at all hours of the night such as until 12:00 a.m. Commissioner Mueller asked if the reason DQ Grill and Chill asked for BC zoning is for the drive thru? Mr. Roberts said the applicant's request for the zoning change is for both the drive thru window and menu board for DQ Grill and Chill. Commissioner Mueller asked if DQ only had a menu board outside would a zoning change still be required? Planning Commission Minutes of 04-05-04 -4- Mr. Roberts said yes. Commissioner Mueller asked if the applicant didn't request a drive thru pick up window and menu board then the zoning could remain BC-M? Mr. Roberts said yes. Commissioner Mueller asked what the difference was between DQ Grill and Chill and the regular DQ restaurants we are familiar with in the city? Mr. Roberts said he understood the difference to be the DQ Grill and Chill is a more upscale DQ restaurant with more seating and an expanded menu and is open for breakfast. Commissioner Mueller wondered why there was a need for 66 parking spaces as shown on the plan at the DQ Grill and Chill? Mr. Roberts said this restaurant is new to the area and that many parking spaces may be necessary for this type of an establishment. Commissioner Mueller asked if the alleyway behind the proposed DQ Grill and Chill would still be used for garbage pickup and deliveries or would it end at US Bank? Mr. Roberts said regardless of what happens with this request the existing alleyway will remain. Commissioner Mueller said in the past there have been discussions that the commission shouldn't make decisions on what "might" be built in the future but to only look at the proposal before them. He thinks it's a good idea to look at what "could" be built in the future and how that could affect the area and problems that could be created in the future. Chairperson Fischer read the Maplewood Code in the staff report on page 19, item h. and asked if the city does any monitoring to see if these uses are in compliance for noise? Mr. Roberts said staff has on occasion gone out after a complaint has been made but that subsection in the code is specifically for fuel stations and maintenance garages. Chairperson Fischer asked when staff has found the owners to be out of the noise compliance was it from the wind blowing a certain direction and making the sound carry louder or was the noise a problem to begin with? Mr. Roberts said in the 15 years that he has worked at the city more often than not the noise complaint has been because the wind and background noise has added to the problem, especially next to busy roadways such as Beam Avenue. There have probably been 2 times noise levels have been out of compliance and the city has been able to work with the owner to fix the problem. Commissioner Desai said Mr. Brandt's letter in the staff report talks about various complaints regarding the businesses in this location, such as noise, traffic, garbage, parking, etc., he asked if the city had been aware of these problems and did the city addressed these issues? Planning Commission Minutes of 04-05-04 -5- Mr. Roberts said he was not aware of these complaints until he read Mr. Brandt's letter. After reading Mr. Brandt's letter he discussed these issues with the Environmental Health Inspector who was going to go to the site to investigate and has not yet reported back to staff. Chairperson Fischer asked the applicant to address the commission. Mr. Tom Schuette with Azure Properties, the property managing company representing the applicant, and residing at 811 West County Road F, Shoreview, addressed the commission. Commissioner Trippler asked Mr. Schuette if it is absolutely essential that this restaurant have a speaker system and drive thru window? Mr. Schuette said yes it is. Commissioner Trippler asked if it would be possible to rotate the restaurant to another position on the property? Mr. Schuette said the DQ restaurant representatives have a concept and the drive thru is an integral part of the concept. Regarding the position of the building to the street and the signage he cannot answer. Commissioner Trippler asked if the building was placed in the back of the property as opposed to being closer to Beam Avenue to be compatible with the other buildings? Mr. Schuette said the plan is to continue to place the buildings at the back of the properties with an access road behind and in front of them and a third access across the front of the property. The largest reason for putting the building along the back is to give visibility to all of the various buildings. He said if they moved one of the buildings closer to the street it would disadvantage all of the properties. Commissioner Trippler asked what the plan was for the back south lot line and how they are going to shore that up to make that usable? Mr. Schuette said they would have to do that according to the code and requirements. Commissioner Trippler asked if anyone has approached the applicant regarding any other parcels of vacant property in that area? Mr. Schuette said the applicant has been in conversation with a variety of prospects generally restaurants but they have also had conversations with prospective office buildings. They anticipate if they did an office building that it would be along the west end where it could extend closer to Beam Avenue without hindering the visibility. Commissioner Mueller asked for more information about the Grill and Chill and the need for 66 parking spaces? Planning Commission Minutes of 04-05-04 -6- Mr. Schuette said in his experience the more parking the better it is for business. The other point is that the 7Y2-acre site has cross parking arrangements with US Bank and the Outback Restaurant, which works particularly well because one is a day user and the other is an evening user. Mr. Schuette said they have encouraged the Grill and Chill to maximize their parking spaces on the site so they don't find themselves with a future parking problem. He is aware the city requires a certain amount of green space and landscaping and he anticipates they would be able to comply with the code. Commissioner Mueller said it appears the applicant is getting very close to encroaching the wetland buffer area and eventually the other buildings will have to be moved farther north. Mr. Schuette said it is possible the building will have to be moved farther north but they are not that close to closing a deal on the next site. The city has granted variances from the 75 feet, which is farther than most communities for a setback. He said they hesitate completing the deal with the DQ Grill and Chill before knowing if the city is going to welcome this proposal or not. The Maplewood Mall area is a busy regional commercial center and that is what the city wants it to be. The DQ Grill and Chill is a fun new concept and people would welcome this type of establishment in the city. Commissioner Mueller said he doesn't have a problem with the restaurant it's the issues with the site that the commission is bringing up that he is concerned with. Commissioner Trippler asked if he owns the other parcels of property? Mr. Schuette said he manages the property but a single owner owns the properties. Commissioner Trippler asked if there was a reason the DQ Grill and Chili has to be on that particular portion of property or could it be moved closer to the Ramsey County Library property? Mr. Schuette said they have reasons the DQ Grill and Chill should be moved closer to the library but DQ has indicated as recently as today that they want to be in this location. Commissioner Trippler said he has a problem with DQ being built on this particular site but he would not have a problem if it was built closer to the library and repositioned. Commissioner Dierich asked staff if the problem was the drive thru with the menu board and the outside speaker or just two of the three? Mr. Roberts said it's the drive thru pick up window and the outdoor menu ordering board that are the problem. Both are excluded in the BC-M code. Outback and Chili's restaurants have curbside delivery but in that instance customers call ahead to order and someone from the restaurant brings their order out to their vehicle and that is allowed by code. Commissioner Dierich said she is not comfortable with changing all of the property to the BC zoning and she is worried about the future' of the property. She said she is okay with changing this particular piece of property to BC zoning but she is not comfortable changing the whole property to BC zoning. Planning Commission Minutes of 04-05-04 -7- Commissioner Pearson asked if the applicant could eliminate two or three parking spaces on the north to create a wider ingress/egress to Beam Avenue and directing the traffic exiting from the sites out to Beam Avenue rather than out to Southlawn Drive? He said he didn't think it was the Planning Commission's intention to have Southlawn Drive become a major thoroughfare along side the residential units. Mr. Schuette said they do have two driveways to Beam AvenUe, however only one is shown on the plans. The driveways are marked right in and right out so no west bound traffic can enter from Beam Avenue. He said he believed Southlawn Drive was intended to provide access to the property, which was zoned commercial. Commissioner Pearson asked in addition to the speaker system where would other noise making equipment be located such as blowers and air conditioning? Mr. Schuette said those issues have to be addressed according to code. Commissioner PearsOn asked if typically those would be on the roof of the building? Mr. Schuette said he is almost certain the equipment would be roof mounted. Commissioner Mueller asked if the plan was to have pavementacross the front of the Outback Restaurant and US Bank and then stop or continue on? Mr. Schuette said the plan is to run the roadway across the Outback Restaurant, US Bank, DQ Grill and Chill and continue running it in front of future developments. The back driveway will stay there and would likely be used by the US Bank customers as well as customers of DQ. Commissioner Desai asked if the road south of the Outback and US Bank would be restricted to be used as a service road for delivery trucks? He drove there today and noticed it was a narrow road and doesn't appear to be wide enough to have two drive lanes. Mr. Schuette said it is their intent to have the roadway available for deliveries and for customers. He said the road is fairly wide and he thinks it is a 24-foot wide roadway. Mr. Schuette said DQ Grill and Chill has a serious interest in being in this location and would like to be~part of the Maplewood community. They would build a nice restaurant and would be a welcome neighbor. The issue here is the zoning. By its terms it is not the right zoning for this proposal because they are not adjacent to residential property. Now that this area is developed to the point that it is to meet the modified zoning, he thinks it is more appropriate in this commercial center to have commercial zoning. Beam Avenue was heavily assessed and was built to carry the traffic and was planned for this. They are juSt trying to meet the demand for who wants to be in this location. Chairperson Fischer asked if anybody else wanted to address the commission regarding this proposal? Mr. Jon Brandt, 2831 Southlawn Drive, MaPlewood, addressed the commission. Mr. Brandt is a Maplewood resident who lives behind the proposed DQ Grill and Chill restaurant and sent in a letter with his comments and concerns, which he read aloud. His letter is shown on page 16 in the staff report. Planning Commission Minutes of 04-05-04 -8- Commissioner Mueller asked Mr. Brandt if he is the one who is building the future townhome development on the property marked R3-C in the staff report west of the proposed DQ Grill and Chill or does he have plans for the townhomes to be built by somebody else? Mr. Brandt said he is going to be the general contractor for the future townhome development and has already had discussions with community development and public works staff for possible building to begin this summer 2004. Commissioner Bartol said he is very sympathetic with Mr. Brandt's concerns. He said if no zoning changes were made another restaurant similar to the Outback Restaurant could go in that location that could create similar adverse effects that he is already experiencing or another bank could go in there as well. It seems to him that the problems that already exist with the bank and restaurant would also occur with the DQ Grill and Chill and he wanted to know from Mr. Brandt what would change having the DQ restaurant built there? Mr. Brandt said having the DQ built would only add to the already existing problems that are occurring. They recognized and accepted that there would be some commercial burden to buy residential property adjacent to commercial property. He is hoping the city will limit the commercial burden the nearby residents have to bare. If there is development on that property his hope is there would be other uses on that property such as restaurants without a drive thru, businesses that are not open on the weekends or late nights, and other businesses that fall under the BC-M zoning. The traffic flow through the commercial alleyway is something the residents never anticipated. At first they thought the alleyway would be used for deliveries to the Outback Restaurant and then US Bank came in and the residents started realizing that all the traffic from the bank would be exiting through the alleyway past their homes. Because it was a permitted use at the time objecting would not have changed a thing. The additional traffic and noise impacts that would result from an additional drive thru restaurant such as the DQ Grill and Chill would be an unacceptable commercial burden on the residential properties. Commissioner Bartol said if a drive thru restaurant is not built there another restaurant could be built there and you would still have increased delivery noise in the morning and parking lot noise in the evening as well as more traffic. Mr. Brandt said they don't have a choice regarding that, the property will be developed and the residents accepted that when they bought the residential property. The problem is if a drive thru restaurant such as DQ Grill and Chill is built in this location the traffic will exit through the alleyway and onto Southlawn Drive instead of out onto Beam Avenue. Commissioner Mueller asked Mr. Brandt what he meant by his statement "a commercial development may diminish the value of my residential property?" He asked if Mr. Brandt meant that having the DQ Grill and Chill in that location would diminish the value of his home or would it diminish the future value of the townhome development property? Mr. Brandt said his home is adjacent to the Outback Restaurant and it would diminish the value of both his home and the future townhome property. Commissioner Mueller said the planning commission is reviewing this to decide if they should change the zoning to allow for a drive thru window and speaker box. If the commission doesn't make any changes another restaurant or bank could be built in that location. Planning Commission Minutes of 04-05-04 -9- Mr. Brandt said he hopes the city controls the layout of this site for whatever gets developed in this location to help with the traffic flow with any future developments. He wouldn't mind if DQ Grill and Chill was moved closer to the Ramsey County Library away from the residential homes. He is not objecting to a DQ restaurant being in the area, he is objecting to having the commercial impacts so close to the residential homes. Chairperson Fischer asked anyone else in the audience to come forward if they would like to address the commission. Mr. Will Rossbach, Maplewood City Councilmember and Maplewood resident, 1386 County Road C East, Maplewood, addressed the commission. Mr. Rossbach said Mr. Brandt telephoned him regarding the protocol of the meeting and he decided to stop in to hear this evening's discussion. He asked planning commissioners to ask themselves what is it that has changed from when the city put this zoning into place originally to remove the zoning that was already put in place? When the BC-M zoning was put in place the idea was to protect the residential areas from commercial encroachment and being a burden to current residential areas or areas that are planned residential. He asked the commissioners to consider that statement in their decision making process for this item as well as considering the comments made by the resident. Regardless of what development goes in this location, there is an issue that nobody foresaw and that is that an alleyway behind the businesses has become a thoroughfare and that was not intended and should be addressed. He said he had asked staff for information on the bigger question of traffic in the Maplewood Mall area, but he has not received anything as of yet. The Legacy Village area has been patterned off of pedestrian friendly neighborhoods and areas requiring less vehicular use. A restaurant that has a drive thru window attracts more vehicular traffic then a restaurant without a drive thru. He would question whether that is the right move. He is concerned about the zoning being changed from BC-M to BC because of what "could" be built on the remainder of land. Before he makes his decision as a member of the city council he will get information regarding the traffic generation from the different types of use that "could" occur in this location. He thinks the way the code reads the drive thru at US Bank was an oversight and should be changed. Nobody thought of the noise that could occur from a drive thru at a bank and the impact from it on residential property this distance away. Commissioner Bartol said he would agree with almost everything Mr. Rossbach said. His comment is the potential alleyway traffic problem is not going to change no matterwhat gets built on this land. Mr. Rossbach said the problem with the alleyway could be changed. There is nothing that says that you have to continue to create an additional burden beyond what is already there. Any piece of property can be laid out to funnel traffic out of the area the direction you want. Commissioner Bartol said however, that is a design decision and not a zoning issue. relative to current design issues the city has an alleyway problem. Mr. Rossbach said correct. He said Commissioner Mueller asked what the hours of operation are for the DQ Grill and Chill? Mr. Roberts guessed 6:00 a.m. since they will be serving breakfast and open until maybe 10:00 or 11:00 p.m. Planning Commission Minutes of 04-05-04 -10- Commissioner Mueller said it sounds like it would operate like a Burger King or McDonald's. Commissioner Pearson said he would not support this plan because he doesn't like the traffic flow and it would complicate the use of the alleyway that was not intended. He thinks there should be some type of barriers to change the traffic flow from the US Bank. He does not think the alleyway was intendedto be a main thoroughfare for the customers exiting the bank. This is an opportunity for the city if they are going to go forward with this project to change the traffic flow and the use of the alleyway that is occurring on the backside of the property. If you move forward with this project the way the traffic flow is proposed it will only make the problem worse. Chairperson Fischer asked staff if the US Bank proposal had been reviewed by the Planning Commission or only by the CDRB? Mr. Roberts said the planning commission did not review this project because the proper zoning was already in place and the CDRB reviewed it for the design issues. Commissioner Mueller said he agrees with Commissioner Pearson's comments and he is concerned about the traffic, alleyway and the noise. He is also cOncerned about changing the zoning from BC-M to BC and what would happen with the remaining land. He understands DQ Grill and Chill is excited to be a part of the area and wants the city to give a little leeway. If DQ really wants to be part of Maplewood they may be willing to change a little as well to fit the zoning that is in place already. Commissioner Desai said he understands the request by other commissioners to move the building closer to the Ramsey County Library but he still has a concern with the traffic routed through the parking lot to the alleyway causing more problems for the residents. Mr. Brandt's comments are well taken and he believes there will be a lot of traffic from the DQ Grill and Chill. Young drivers will be using the drive thru and exiting the alleyway at all hours of the day and night and this is a concern for him. Unless DQ Grill and Chill can revise the traffic flow onto Beam Avenue it is not a viable proposal for him. Commissioner Trippler said he likes Dairy Queen but he doesn't like where the proposed DQ Grill and Chill is planned. If the building were moved next to the library and if the traffic were rerouted onto Beam Avenue he would be supportive to change the zoning for only that parcel. He doesn't feel comfortable changing the BC-M zoning to BC on this parcel or the parcel next to it because it is too close to the residential properties. He would recommend that the city council take a look at the BC-M zoning code to correct the problem with the drive up teller windows at banks. He doesn't know how that category was missed in the review process. He spent some time watching the traffic in that area today. Every car that exited from the drive thru window drove behind the Outback Restaurant in the alleyway and exited onto Southlawn Drive. There is hardly a car that can make the turn from the drive thru out into the parking lot and onto Beam Avenue. Therefore, he cannot support this plan. Planning Commission Minutes of 04-05-04 -11- Commissioner Dierich said she does not support this proposal either. She believes there are other areas that DQ Grill and Chill could be located in Maplewood such as across the street or in the Legacy Village area rather than this particular site. The Legacy Village area will have senior citizens, families and children that could walk to the DQ and that would be a convenient location for them. The owner of the property is not being very realistic since the alley cannot go through the wetland buffer area because the wetland is already adjacent to or into the parking lot there is no way it can go that far. She would agree with the other commissioners that DQ would be better placed next to the library and the traffic flow should exit out onto Beam Avenue. She would like to see Dairy Queen here and she would like to be able to work with both the developer and DQ Grill and Chill but she does not believe this proposal is where it should be built. Commissioner Pearson moved to a~ deny the land use plan change resolution starting on page 24 of the staff report. 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). (Changes to the recommendations are stricken and the new recommendations are in bold.) Commissioner Pearson moved to a~ deny the zoning map change resolution on page 26 of the staff report. 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). (Changes to the recommendations are stricken and the new recommendations are in bold.) Commissioner Bartol seconded. Ayes-Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on April 26, 2004. Chairperson Fischer said she would be comfortable with this proposal if the DQ moved next to the library with the open space behind it and away from the residential properties. The reasons for the denial were the planned use did not meet the BC-M requirement, and intensity too near existing and planned housing. VI. NEW BUSINESS a. Alley Vacation - East of English Street, south of County Road B (North of 2200 English Street) Mr. Roberts said 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. Mr. Roberts said Angel Bernal's father and mother, Domingo and Trinidad Bernal, own the property at 2200 English Street. 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. Planning Commission Minutes of 04-05-04 -12- Commissioner Pearson said the vacant land is really a site that collects garbage and litter and needs some cleaning up. Mr. Roberts said staff will make sure the Code Compliance Officer goes to the site and contacts the proper people to make sure it gets cleaned up. Commissioner Desai asked who would own the alleyway? Mr. Roberts said 10 feet on the north side would be equally divided between the two parcels to the north and the 10 feet on the south side would go to the applicant's property. Chairperson Fischer asked the applicant to address the commission. Ms. Laura Schryver, 2288 - 12th Avenue East, North St. Paul, addressed the commission. Ms. Schryver and Angel Bernal, her fiance, would like to build on the property. Digging into the history of the property they discovered the alleyway needed to be vacated. They are proposing to buy the land on the north side, which currently Ed Caves Associates owns. Mr. Peter Bernal, 4609 Carolyn Lane, White Bear Lake, addressed the commission. He understands the comment made about the clutter and garbage on the site. His father had a stroke a few years ago and if has been difficult for his adult children to get out and assist him with cleaning up the property. The three brothers plan on building on the property when their parents are gone. Commissioner Mueller moved to adopt the resolution on page six of the staff report. 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: 1. it is in the public interest. 2. The city and the adjacent property owners have no plans to build an alley in this location. 3. The adjacent properties have street access.. Commissioner Pearson seconded. Ayes-Bartol, Desai, Dierich, Fischer, Mueller, Pearson, Trippler The motion passed. This item goes to the city council on April 26, 2004. VII. UNFINISHED BUSINESS None. VIii. VISITOR PRESENTATIONS None. Planning Commission Minutes of 04-05-04 -13- IX. COMMISSION PRESENTATIONS a. Mr. Pearson would have been the planning commission representative at the March 22, 2004, city council meeting, however there were no planning commission items to diScuss. b. Mr. Trippler will be the planning commission representative at the April 12, 2004, city council meeting. Items to discuss include the setback variance and CUP for Venburg Tire and the Easement Vacation for Van Dyke Village. c. Mr. Desai will be the planning commission representative at the April 26, 2004, city council meeting. Items to discuss include the Land Use Plan Change and Zoning Map Change for the proposed DQ Grill and Chill and the Alley Vacation East of English Street Chairperson Fischer mentioned that she has information regarding various planning workshops, which commissioners could sign up to attend. Please see Lorraine for signing up otherwise you may contact Andrea Sindt, the department Secretary for Community Development. X. STAFF PRESENTATIONS a. Workshop Session with City Council (Public Hearings) - May 3, 2004, 6:00 p.m. Mr. Roberts reminded commissioners to mark their calendars to attend this workshop regarding which commission should hold public hearings and how often they should be held. b. Gladstone Redevelopment process Mr. Roberts said the Gladstone meeting of Mamh 29, 2004, was cancelled primarily because staff thought the neighborhood coalition needed time to meet and put some things together. It is staff's hope to meet with the Gladstone representatives by the end of April to discuss their concerns and hopes. Staff will come back to the planning commission some time in May with more information to share. XI. ADJOURNMENT The meeting was adjourned at 8:38 p.m. TO: FROM: SUBJECT: LOCATION: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Right-of-Way Vacation Kennard Street, north of Sextant Avenue Apdl 6, 2004 INTRODUCTION Mr. Chds Cavett, representing the city and Mr. Tom LaBarre, the adjacent property owner, are proposing that the city vacate an existing street right-of-way. This right-of-way is for Kennard Street and is between the property at 1655 Sextant Street and Four Seasons Park. (Please see the letter on page three and the maps on pages four through seven). DISCUSSION Mr. Cavett and Mr. LaBarre are requesting the vacation because the city has no need for the existing right-of-way. The city and the adjacent property owners have no plans to build a street in this location. In trade for the city vacating the existing right-of-way, the city needs to keep a drainage and utility easement over the right-of-way for possible future utility extensions. Maplewood has no plans to develop or use the existing right-of-way for a street and it is not now needed for any utilities. RECOMMENDATION Approve the resolution on page eight. This resolution is for the vacation of the unused Kennard Street right-of-way north of Sextant Avenue. The reasons for the vacation are as follows: 1. It is in the public interest. 2. The existing right-of-way is nOt used or needed for street purposes. 3. The adjacent properties have adequate street access. This vacation is subject to the city keeping a drainage and utility easement over the entire vacated right-of-way. REFERENCE INFORMATION Application Date The city received the complete application and plans for this request on March 17, 2004. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by May 15, 2004. P:\secl0\Kennard ROW vacation.doc Attachments: 1. Applicant's Letter 2. Location Map 3. Area Map 4. Area Map (Enlarged) 5. Site Plan 6. Vacation Resolution Attachment 1 March 16, 2004 1655 E. Sextant Avenue East Maplewood, MN 55109 City of Maplewood Department of Public Works 1830 E. Co. Rd. B Maplewood, MN 55109 RE: Hazelwood/County Road Area Streets - City Project 03-18 Dear Mr. Vermeersch, Because my driveway lies on the Kennard Street right of way, you have brought to my attention that I will have to have the right of way vacated so that I don't have to move my driveway. That is the reason we are requesting the variance. I do not want to move my driveway, which enters my property on the North end of Kennard, which ends at a dead end at the North East end of my property. We want you to know that we do not want our driveway replaced at this time. I understand that once the right of way has been vacated, the land would accrue to my property, increasing the size of my lot. I was told by the City of Maplewood that Kennard Street would never be upgraded and continue on North, causing me to loss this portion of my new property. Sincerely, 1. SUMMIT CT. 2. COUN~EW C1R. · 3. DULUTH CT. 4.. LYD~ A~_.. AVE. z z ~J Attachment 2 z RD. AW-. III AW.. LOCATION, r MAP 1 {~ 1612 1618 t624 1630 1636- - 1642 -648 2468 2~74 2452 ~440 1617 1623 631' - 1639 1647 1655 SEXTANT AVE Attachment 3 Four Seasons Park 1685 PROPOSED VACATION 2481 2473_~ 2465 2457 24~49 co 1701 2488 2480 2472 2464 2456 -2448 2440 2432 2424 2416 2408 2400 GERVAIS AVE 1~686 1700 AREA MAP 5 Attachment 4 1639 1647 1655 PROPOSED VACATION 1685 Four Seasons Park SEXTANT AVE m z z co 1646 Attachment 5 655 SEXTANT AVENUE SITE PLAN 7 FOUR SEASONS PARK KENNARD STREET RIGHT OF WAY TO BE VACATED Attachment 6 VACATION RESOLUTION WHEREAS, Chris Cavett, representing the City of Maplewood and Mr. Tom LaBarre, the adjacent property owner, applied for the vacation of the following: The Kennard Street right-of-way that is north of Sextant Avenue and next to the property at 1655 Sextant Avenue and described as follows: The Kennard Street right-of-way lying north of the north right-of-way line of Sextant Avenue and next to the property at 1655 Sextant Avenue in Maplewood, Ramsey County, in Section 10, Township 29, Range 22. WHEREAS, the history of this vacation is as follows: On April 19, 2004, the planning commission recommended that the city council approve the public vacation. On May 10, 2004, the city council held a public headng. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the headng a chance to speak and present wdtten statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, the public interest in the property will go to the property at 1655 Sextant Avenue (Lot 7, Block 2, North Dells Addition - PIN 10-29-22-13- 0030). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: It is in the public interest. The existing right-of-way is not used or needed for street purposes. The adjacent properties have adequate street access. This vacation is subject to the city keeping a drainage and utility easement over the entire vacated right-of-way. The Maplewood City Council adopted this resolution on ,2004. TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: MEMORANDUM Richard Fursman, City Manager Shann Finwall, Planner Conditional Use Permits Steven Peltier 1236 Kohlman Avenue April 13, 2004 INTRODUCTION Project Description Steven Peltier is proposing to construct a 1,344 square foot detached accessory structure for the storage of his antique automobiles. The structure will be located in the rear yard of his residential property at 1236 Kohlman Avenue. (See the maps and narratives on pages 7 through 16.) Requests To construct the detached accessory structure, the applicant is requesting that the city approve the following: A conditional use permit (CUP) to expand a nonconforming residential use within a light manufacturing (M-l) zoning district. Single-family homes and their accessory structures are not permitted uses within the M-1 zoning district. The applicant's property is zoned M-1 and his single-family home is considered a legal nonconforming use. City code allows the expansion of a nonconforming use with city approval of a CUP. A CUP to construct an oversized accessory structure. The applicant's property is zoned M-1 but is used as a residential use. Therefore, the applicant's property is bound by the city's residential accessory structure size restrictions. The maximum detached accessory structure size allowed on the applicant's property is 786 square feet. The applicant's proposed detached accessory structure is 1,344 square feet, 558 square feet over the allowable size requirement. City code allows oversized accessory structures with city approval of a CUP. DISCUSSION Detached Accessory Structure The applicant has been a member of the Minnesota Street Rod Association since 1978 and enjoys antique cars and maintaining them as his personal hobby. The applicant currently owns three antique cars that he stores off of his property. Mr. Peltier is proposing to demolish his existing one-car detached garage and construct the new 1,344 square foot detached garage in order to store his personal collection of antique automobiles on his property. The garage will maintain a 5-foot setback to the rear and west side yards, toward the adjacent commercial properties; and an 11-foot setback to the east side yard, toward the adjacent residential property. Grading/Drainage The applicant's property is located within the Kohlman Lake Shoreland Overlay District (within 1,000 feet of Kohlman Lake). Within this overlay district, the maximum impervious surface coverage area allowed is 30 percent, or 50 percent with an impervious surface coverage bonus. Bonuses must be approved by the city engineer and must include a stormwater management plan to reduce stormwater flow or treatment of runoff of non-point-source water pollutants. The applicant's proposed detached accessory structure will bring the lot to 35 percent impervious surface coverage area. The applicant submitted a management plan to the city's engineering department to qualify for a 5 percent impervious surface coverage bonus. (See the grading and drainage plan and narratives on pages 15 through 18.) The plan calls for the construction of two rainwater/infiltration gardens on the south and north side of the new detached garage. Erin Laberee, Engineer I, reviewed the plan and approved the 5 percent impervious surface coverage bonus with the following conditions: A grading escrow of $1,000 will be required prior to issuance of a grading permit to ensure proper construction of the rainwater and infiltration gardens. 2. Driveway must be graded to drain to the most northerly rainwater and infiltration garden. 3. Clean river rock must be used for the gravel part of the driveway to allow for infiltration. The concrete parking pad in front of the garage must be no larger than 28 feet wide by 20 feet deep, with the remainder of the driveway as gravel. Care will need to be taken during the construction of the rainwater gardens to ensure they will infiltrate. Neighborhood Comment All ten neighbors that responded to the city's survey of this proposal responded favorably. (See the citizen comments on page 4.) With the grading and drainage issues addressed, city staff also supports the proposal because it will not depreciate surrounding property values, cause crowding or adverse environmental effects, and it will allow the applicant a reasonable use of his property. RECOMMENDATIONS Adopt the resolution on pages 19 and 20. This resolution approves a conditional use permit for the expansion of a nonconforming residential use to add a detached accessory structure to a property in a light manufacturing (M-l) zoning district at 1236 Kohlman Avenue. Approval is based on the findings required by the code and subject to: Expansion of the nonconforming residential use applies to the construction of a 1,344 square foot detached accessory structure. Any future addition or accessory structure will require a separate conditional use permit approved by the city council. Expansion of the nonconforming residential use must follow the site plan approved by the city. The director of community development may approve minor changes. Steven Peltier 2 April 13, 2004 The proposed expansion must be started within one year after approval or the permit will end. The city council may extend this deadline for one year. d. The conditional use permit shall be reviewed by the city council in one year. Adopt the resolution on pages 21 and 22. This resolution approves a conditional use permit for an oversized accessory structure. Approval is based on the findings, required by the code and subject to: The detached accessory structure is limited in size to 1,344 square feet in area and 19 feet in height, as measured from ground grade to the peak of the roof. Impervious surface for the driveway is limited to a concrete parking pad in front of the garage that is no larger than 28 feet wide by 20 feet deep, with the remainder of the driveway as gravel. Any additional impervious surface will bring the property over the allowable 50 percent impervious surface coverage as required by city code in the Kohlman Lake Shoreland Overlay District and will require city council approval of an impervious surface variance. Prior to issuance of a grading or building permit, the following must be submitted and approved by city staff: 1) Samples of exterior materials and colors used on the detached accessory structure. The materials and colors must be compatible to the house. 2) A $1,000 grading escrow to ensure the completion of the required rainwater/infiltration gardens. The following conditions apply to the excavation and continued maintenance of drainage on the site: 1) Grade driveway to drain to the rainwater garden. 2) Use a clean river rock for the gravel part of driveway to allow for infiltration. 3) Care will need to be taken dUring the construction of the rainwater gardens to ensure they will infiltrate. eo The detached accessory structure is approved only for residential use of the owner or occupant and shall not be used for commercial or business purposes. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed construction must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. h. The conditional use permit shall be reviewed by the city council in one year. Steven Peltier 3 April 13, 2004 CITIZEN COMMENTS I surveyed the owners of the 34 properties within 500 feet of this site. Ten of the property owners responded, all in favor of the applicant's proposal. John C. Kliethermes, Jr., 2720 Maplewood Dr. N.: I have no problem with the proposal and believe he should be allowed to put the building on his property. Judene Potvin, Charles D. Crummy, 1263 Kohlman Ave. E.: As a current homeowner, I have no problem with the proposed building plan. Over the last ten years I have come to know many members of the MSRA and I believe that there is no better set of people when it comes to home appearances and tend to be very detailed individuals. 3. Harold F. Pitt, 1237 County Road C East: Won't bother me. No comments. 10. Owner/Occupant, 2650 Maplewood Dr. N.: Good for him. I'll enjoy seeing his cars drive by our shop. Ronald O. Berqual, 1270 Kohlman Avenue E.: I am in favor of Mr. Peltier being allowed to build a larger garage. In my opinion, the City is too restrictive of size, especially if it is compatible with the exterior of the home. Elizabeth C. Lindquist, Scot R. Lickness, 1287 Kohlman Ave.: As neighborhood residents we do not have a problem with Steven Peltier's proposal to construct a 1,344 S.F. detached garage at 1236 Kohlman Avenue. We appreciate the opportunity to offer our opinion. Barry and Joyce Bauer: I don't think it will have any effect on us in the least. Therefore, it doesn't make any difference to us whether he builds this new garage. Richard B. Atzmiller, 2700 Maplewood Drive N.: As the owner of Angus Meats and the property on which it is located, I have no objections whatsoever to Mr. Peltier's garage construction. Jonathan Buesing, 1247 Kohlman Ave.: Regarding the proposal for the garage at 1236 Kohlman Avenue, I have no objection to the proposal. My only suggestion is that 2 windows across the front would make it look much better, even if they have bars or solid wood on the inside. I am a bit puzzled by the city rules. The property is M1 and such a garage would be a conforming use for M1. Why is special approval needed? If the house were going to have major work or expansion, then I would understand the requirement for special approval because of non-conforming use. Telephone call from Michelle Emerson, 1257 Kohlman Ave.: In favor of Mr. Peltier's proposal. Steven Peltier 4 April 13, 2004 REFERENCE INFORMATION SITE DESCRIPTION Site Size: Existing Land Use: 7,840 square feet Single Family House SURROUNDING LAND USES North: South: East: West: Commercial Multi-Tenant Building zoned M-1 Tourist Cabins zoned M-1 Angus Meat zoned M-1 Single-Family House zoned R-1 PLANNING Existing Land Use Plan: Existing Zoning: Light Manufacturing (M-l) Light Manufacturing (M-l) CRITERIA FOR APPROVAL Section 44-12(e) states that no existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: 1. Required by law. There would not be a significant effect, as determined by the city through a CUP, on the development of the parcel as zoned. Section 44-114(c) states that the city council may approve an increase in accessory structure area through a CUP. Section 44-1097 states that the city council may approve a CUP, based on nine standards. (See findings 1-9' in the resolution on page 19.) Steven Peltier 5 April 13, 2004 Application Date The city received the application for the land use proposals on January 16, 2004. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal, with a 60-day extension if the city determines that additional material is necessary to process the proposal. After submittal of the application and subsequent routing of the information to the engineering department, the engineering department determined that a grading and drainage plan would be necessary to process the proposal. The city notified the applicant of the requirement for a grading and drainage plan as well as the city's extension of the 60-day land use review. As such, city action is required on this proposal by the 120-day deadline of May 15, 2004. Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. Conditional Use Permit Narrative Location Map Land Use Map Zoning Map Site Plan Grading and Drainage Plan Grading and Drainage Narrative Storm Water System Narratives ' Elevations Pictures Conditional Use Permit Resolution (Expansion of a Nonconforming Residential Use) Conditional Use Permit Resolution Oversized Detached Accessory Structure) Steven Peltier 6 April 13, 2004 Attachment 1 City of Maplewood Letter of Intent for Garage Variance Steven Peltier 1236 Kohlman Ave. Maplewood, MN 55109 651-490-5700 January l6, 2004 I am requesting a variance to build an unattached garage. The purpose is to house my personal collection of antique automobiles. They include a 1965 Corvette, a 1967 Pontiac GTO and a 1957 Chevy Station Wagon, all of which have been in my possession for up to twenty years. This summer I hope to acquire a 1930 Ford, Model A Sedan. I also own a motorcycle and a truck. My daughter lives with me and drives a Tempo that I also maintain. I have been an active member of Minnesota Street Rod Association since 1978, and a National Street Rod member and Safety Inspector for six years. I enjoy my cars, and maintaining them is a personal hobby. My residence is zoned light manufacturing and I am bordered on three sides by commercial businesses. East of my property and at a much higher elevation, the zoning is residential. Future plans include roofing and siding the house to match the exterior of the new garage. All dimensions of proposed garage are included on the blueprint attached. Sincerely, Steven Peltier Attachment 2 / le/ Location Map Attachment 3 sner's Corner 2732 270°~1 ~4. .- 26~4 .... 1250 2688 1257 1263 1264 1270 12 '22 2E lr--~, 1237 -% -. _ i 1 15 1273 N S Land Use Map Attachment 4 F Fisher's Corner 272O R1 1263 '¢/'f"~4,,-v 4 ~.~. 1247 ' 1257 2700 1244 2688 1250 1264 1 '270 M1 R1 *':: <... 2650 ~15 1237 N S Zoning Map 10 Attachment 5 I I · I ~ I I I ' I I N Site Plan 11 Attachment 6 ~ ~ --~-~ ~-~ --- - ...... ~'--'-- ' --~ - ~ .... LL -- t 12 Attachment 7 To: Maplewood Public Works 3/12/04 Regarding the water runoff issue for proposed garage at 1236 Kohlman Avenue. I have met with Maplewood Public Works, and three landscaping and design contractors for a solution to the water runoff issue. I have decided to install a rainwater garden upon completion of the garage, as per recommended. I have met with the owner to my west, Angus Meats, as we are the only properties that are affected by this addition. I will install the rainwater garden upon completion of the garage simply because of safety concerns during construction, moving ladders, carrying materials, etc. I propose to install garden on the entire south side, approximately half of the north side as the other half of the north side will have a sloped driveway apron due to location of overhead door. After discussing this with Public Works and the landscape contractors we feel confident that this combination of the sloping apron and installation of the rainwater gardens will be more than adequate. Please see attached drawing. Thank You, Steven Peltier 1236 KohlmanAvenue Maplewood, MN55109 651-490-5700 13 Attachment 8 Lanscape & Design Inc. Jon Carson 14350 Ebony Lane Apple Valley, MN 55124 (952) 423 5223 cell 418 7781 Steven Peltier 1236 Kolhman Ave. Maplewood, MN 651-490-5700 Estimate 02/28/04 Description There are a couple options for the water mn-off from your garage roof. We could make a curtain drain, a catch basin or a drainage swale. The best option is the drainage swale. A swale is a shallow ditch that carries water awav from the building. We will start the swale at the southwest comer of the garage and pitch it to the east. At the southeast comer we finish the swale pitching it to the north. This should take care of any drainage problem you might have with the roof mn-off water of your garage. If you have any questions please call, Thanks. Jon Carson 952-423-5223 14 March 2, 2004 mber Turf - Outdoor Services, In{:. 2688 Maplewood Drive Mapiewood, MN 55109 (6,51) 481-0744 Steven Peltier 1236 Kohlman Ave. Maplewood, MN 55109 ( Storm water storage system.) Timber-n-Turf Outdoor Services proposes the following work: Excavate and dig trenches approx. 40" in depth below drip line on north and south side of new garage to prepare for drain work. Line walls of trenches with a non-woven filter fabric to prevent soils from mixing with drainage rock. Fill trenches approx. 4" from the top with 11/2" river rock to acquire storage for surface water run off, until its absorbed into soils below. Cover trenches with filter fabric to prevent surface soils from mixing with drainage rock and plugging drain system. Fill remainder of trench areas with a well draining soil. 6. Final grade and sod trenches and surrounding areas. 7. Clean up all debris from job upon completion. The above work will be performed for the sum of $ 2,460.00. Down payment ofone half, balance due at completion. If you would like to schedule the above work, please sign and return one copy of proposal along with down payment. Please call me if you have any questions. Thank you for the opportunity to submit this proposal. I look forward to hearing from you. John ~amer Accepted by Date Date 15 Attachment 9 i/ i ...... %'¥"'7' ] '1 '-I Elevations 16 Attachment l0 17 ATTACHMENT 11 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Steven Peltier applied for a conditional use permit to expand a nonconforming residential use (addition of a 1,344 square foot detached accessory structure) within a light manufacturing (M-l) zoning district; WHEREAS, this permit applies to property located at 1236 Kohlman Avenue, Maplewood, Minnesota. The legal description is: Tract B, Registered Land Survey 477. WHEREAS, the Ramsey County Property Identification Number for this property is 04-29-22-44-0043. WHEREAS, the history of this conditional use permit is as follows: On April 26, 2004, the planning commission recommended that the city council approve the conditional use permit. On May 10, 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 hearing 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 approves the above-described conditional use permit based on the building and site plans. The city approved this permit because: 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. · o The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 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. 19 Approval of the conditional use permit is subject to the following conditions: Expansion of the nonconforming residential use applies to the construction of a 1,344 square foot detached accessory structure. Any future addition or accessory structure will require a separate conditional use permit approved by the city council. Expansion of the nonconforming residential use must follow the site plan approved by the city. The director of community development may approve minor changes. The proposed expansion must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 4. The conditional use permit shall be reviewed by the city council in one year. The Maplewood City Council adopted this resolution on ,2004. 2O ATTACHMENT 12 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Steven Peltier applied for a conditional use permit to construct an oversized detached accessory structure (1,344-square-feet in area); WHEREAS, this permit applies to property located at 1236 Kohlman Avenue, Maplewood, Minnesota. The legal description is: Tract B, Registered Land Survey 477. WHEREAS, the Ramsey County Property Identification Number for this property is 04-29-22-44-0043. WHEREAS, the history of this conditional use permit is as follows: 1. On April 26, 2004, the planning commission recommended that the city council approve the conditional use permit. 2. On May 10, 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 hearing 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 approves the above-described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 21 Approval of the conditional use permit is subject to the following conditions: The detached accessory structure is limited in size to 1,344 square feet in area and 19 feet in height, as measured from ground grade to the peak of the roof. Impervious surface for the driveway is limited to a concrete parking pad in front of the garage that is no larger than 28 feet wide by 20 feet deep, with the remainder of the driveway as gravel. Any additional impervious surface will bring the property over the allowable 50 percent impervious surface coverage as required by city code in the Kohlman Lake Shoreland Overlay District and will require city council approval of an impervious surface variance. Prior to issuance of a grading or building permit, the following must be submitted and approved by city staff: Samples of exterior materials and colors used on the detached accessory structure. The materials and colors must be compatible to the house. A grading escrow of $1,000 will be required with grading permit to ensure proper construction of the rainwater and infiltration gardens. 4. The following conditions apply to the excavation and continued maintenance of drainage on the site: a. Grade driveway to drain to the most northerly rainwater and infiltration garden. b. Use a clean river rock for gravel part of driveway to allow for infiltration. Care will need to be taken during the construction of the rainwater gardens to ensure they will infiltrate. o The detached accessory structure is approved only for residential use of the owner or occupant and shall not be used for commercial or business purposes. ° All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. ° The proposed construction must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 8. The conditional use permit shall be reviewed by the city council in one year. The Maplewood City Council adopted this resolution on ,2004. 22 TO: FROM: SUBJECT: LOCATION: DATE: MEMORANDUM City. Manager Ken Roberts, Planner Toenjes Hills Estates East of McMenemey Street, north of Roselawn Avenue April 13, 2004 INTRODUCTION Project Description Mr. Hugh Toenjes, representing the property owner, is proposing to develop a six-lot plat for single dwellings called Toenjes Hills Estates. It would be on a two-acre site on the east side of McMenemey Street, north of Roselawn Avenue. Refer to the applicant's statement on page 11, the maps on pages 12-23 and the attached plans. Requests To build this project, Mr. Toenjes is requesting that the city approve: The vacation of an unused street right-of-way (Edgemont Street), an unused alley and excess easements within the property. (Please see the statement on page 16 and the maps on pages 15, 17 and 18.) 2. A preliminary plat for six lots for single dwellings. (See the maps on pages 18 through 23 and the enclosed project plans.) BACKGROUND In 2003, the planning commission and city council reviewed concept plans for developments with single dwellings on this and on the adjoining properties. DISCUSSION Vacations The map on page 17 shows the proposed vacations and includes the Edgemont Street right-of- way, an unused alley and an easement near the north property line of the site. The city has no use for any of these public dedications and the developer will be dedicating a new street right-of-way and easements with the new plat. Density and Lot Size As proposed, having six units on the two-acre site calculated to three units per acre. This is consistent with the density standards in the comprehensive plan for single dwelling residential development and is well above the 10,000- square-foot minimum lot area that the city requires for each single dwelling. Preliminary Plat There are several existing factors including the topography and ponding needs that limit and direct the possible development of the site. With the existing conditions on the property, there are not many options for designing a subdivision to fit the site. The proposed preliminary plat, with its street and lot design, raises many issues for the city to consider. I will discuss the major issues with this proposal below. Subdivision Ordinance Chapter 34 of the city code (subdivisions) regulates the platting or subdividing of property in Maplewood. The purpose of this part of the code is "to protect and promote the public health, safety and general welfare, to provide for the orderly, economic and safe development of land...". As such, the city must balance many interests when.reviewing and considering a subdivision in Maplewood. These include the interests of the property owner, the developer, the neighbors and the city as a whole. To this end, Section 34-6 of the code says that "the planning commission may recommend and the city council may require such changes or revisions of a preliminary plat as deemed necessary for the health, safety, general welfare and convenience of the city." Density and Lot Size As proposed, the lots in the plat will range from 11,382 square feet to 13,143 square feet with an average lot size of about 12,020 square feet. (See the proposed plat on page 18.) The city requires each single dwelling lot in the R-1 (single dwelling) zoning district to have at least 75 feet of width at the front setback line and be at least 10,000 square feet in area. In addition, the code requires comer lots to be at least 100 feet wide on each street side. As submitted, the two corner lots in the plat are 95 feet wide on Toenjes Place. The city should require the developer to change the plat as necessary to have all the lots meet all of Maplewood's subdivision requirements. All of the proposed lots should be able to meet or exceed the standards in the city code. Trees As proposed, the contractor for Mr. Toenjes would grade the center of the site to create the street right-of-way and the house pads. (See the grading and tree plans on pages 20 and 21 .) This grading would remove about 30 large trees (including pine, oak, box elder, elm, and poplar) and would leave about 10 large trees on the two-acre site. Since the city code requires the developer to save at least 20 trees (10 per acre) on this site, the developer is proposing to plant 53 trees and 19 red twig dogwoods with this project. The trees would include Black Hills spruce, Colorado blue ~ spruce, red pine and Austrian pine. (See the planting plan on page 20). The proposed planting plan meets the city's tree replacement requirements. Watershed District Comments and Wetland Ordinance The Ramsey/VVashington Metro Watershed District is now reviewing the preliminary plans for this development. It is important to remember that Mr. Toenjes or the contractor must meet all the conditions of the watershed distdct and that they must get a permit from the watershed district before starting grading or construction. City Engineering Department Comments The city engineering department has been working with the applicant's engineering consultant in reviewing this proposal and plans. Erin Laberee's comments are included starting on page 25. 2 Public Utilities There is sanitary sewer and water near the site to serve the proposed development. Specifically, water is in McMenemey Street. The developer will extend the water main into the site from the existing water main. The Saint Paul Water Utility will need to approve the plan for the water main. Sanitary sewer also is in McMenemey Street next to the site. The developer is proposing to extend the sewer into the site from the existing street through the development. The city engineer must approve the final engineering plans before the applicant or contractor may start construction. As noted in the engineering comments, the city is going to install the improvements on this site as part of a public improvement project - including utilities, street and curbing. This, however, requires the property owner to petition the city to install the public improvements. After the city receives such a petition, the city will do the final design of the project plans and the developer or applicant will pay the city back for all costs. Drainage Most of the site drains to the east and to the south. The developer's engineer told me that by using the proposed pond east of the site (on the city park property) as a storm water detention facility, the development would not increase the rate of storm water runoff from the site. That is, the runoff leaving the site will be at or below current levels. This plan, however, shows a new ponding area on the city park property. Mr. Cavett and Mr. Ahl have reviewed this proposal and have suggested that the developer pay the city about $30,000 for the easement for the new ponding area. Ms. LaBeree noted this requirement, along with several others, in her comments. (See the information starting on page 25.) Trail Bruce Anderson, the Maplewood Parks Director, reviewed the proposed development plans. (His comments are on page 24.) Mr. Anderson recommends that the developer install an eight-foot-wide trail from the new cul-de-sac to the east into the city park property. The exact design of this trail should be subject to the approval of the parks director and the city engineer. Other Engineering Concerns Erin also noted in her comments that the developer is to construct the retaining walls within the project during the grading of the site. This is to ensure that the walls are in place before the ' contractors start building the houses. Staff recommends that the city set a range of front setbacks of 20 to 25 feet within this development to address these concerns. Other Comments Lieutenant David Kvam of the Maplewood Police Department noted that he wanted the city to be sure that there is enough reom within the site to allow emergency vehicles to maneuver. 3 Fire Marshal Butch Gervais, the Maplewood Fire Marshal, noted that the cul-de-sac must have a turning radius of at least 42 feet (for equipment) and that there be fire hydrants in proper locations. Neighbors' Comments City staff surveyed the 50 property owners within 500 feet of the site. Refer to the comments on Page nine and the written messages on pages 28 - 31. RECOMMENDATIONS Approve the resolution on page 32. These resolutions are for the vacation of the unused Edgemont Street right-of-way and unused alley and excess drainage easements on the property for the site of the Toenjes Hills Estates plat. The city is vacating these because: 1. It is in the public interest. 2. The city and the property owner have no plans to build a street or an alley in the existing right-of-ways. 3. The developer will be dedicating a new right-of-way and new easements with the final plat. Approve the Toenjes Hills preliminary plat (received by the city on April 1,2004). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations - primarily at the street intersections and at the east end of the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten- foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot). e. Pay the city for the cost of traffic-control, street identification, and no parking signs. f. Provide all required and necessary easements, including any off-site easements. g. Demolish or remove the existing shed from the site, and remove all other buildings, fencing, scrap metal, debris and junk from the site. h. Cap and seal all wells on site; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. 4 i. Complete all curb on McMenemey Street on the west side of the site. This is to replace the existing driveways on McMenemey Street, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall meet all the conditions and changes listed in the memo from Erin LaBeree dated April 12, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detailed to the satisfaction of the city engineer. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b. Shows no tree removal beyond the approved grading and tree limits. Co Changes the proposed Colorado Blue Spruce trees on the planting plans with other species that are more native and compatible to the climate and conditions in Maplewood. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. 5 (11) The 8-foot-wide trail from the cul-de-sac to the east property line. c. The street and utility plans shall show: (1) The street with a width of 28 feet (with parking on one side), shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The new street (Toenjes Place) with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing is necessary. (3) The completion or replacement of the curb on the east side of McMenemey Street and the restoration and sodding of the boulevards. (4) Repair of McMenemey Street (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) (6) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (9) The cul-de-sac with a minimum pavement radius of at least 42 feet. (10) Label McMenemey Street and the new street as Toenjes Place on all construction and project plans. d. The drainage plan shall ensure that there is no increase in the rate of storm water run- off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. A landscape plan for the areas along the street and the ponding areas. The coniferous trees shall be at least six feet tall and shall not include Colorado blue spruce trees. All deciduous trees shall be at least 2~ inches in diameter. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 6 c. Revise the plans and lot layout to: 1. Accommodate a 20-foot-wide pedestrian way for a trail from the cul-de-sac to the city park. 2. Make the corner lots at least 100 feet wide on each street. 3. Show the street right-of-way with a width of 60 feet and the cul-de-sac with a dght- of-way radius of 55 feet. 4. Show house pads that meet all city setback requirements. 4. Pay for costs related to the engineering department's review of the construction plans. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond on the north side of the plat and paying the city for the easement for the ponding area on the park property. 6. The developer shall complete all site grading and retaining wall construction. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and ponding areas, install all retaining walls, install the landscaping and replacement trees, install all other necessary improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of McMenemey Street (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all the requirements of the city engineer. 8. Record the following with the final plat: a. Any homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots 1 and 6 from going onto McMenemey Street. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording.. 9. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 7 10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 11. The property owner shall submit a petition to the city requesting the installation of the public improvements. 12. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 8 CITIZENS' COMMENTS I surveyed the owners of the 50 properties within 500 feet of this site and received four written replies. The following are the comments we received: For: Against: 1. No! No! No! The area provides habitat for red tail hawks, wood ducks, mallards, egrets, herons, fox and a little bit of peace and quiet in the neighborhood. There are also bluebirds in the woods. Why does money control everything?? We have ball parks we cannot use (they are chained shut), but we pay taxes on them. Last year the Roselawn ponding area got so overgrown from the lack of mowing, it was an absolute shame and an eyesore!! Not to mention a mosquito haven. It will be just another reason to destroy natural areas and make the rich richer! No! No! No! It also seems our storm sewers were just redone a few years back - why again? Then the city can raise our taxes again!! Some of the area residents are on a fixed income and cannot afford any more assessments of higher taxes! I will attend the meetings and encourage all friends, neighbors, churches and residents to do the same and stop this!!! Leave the land alone. (Gebhardt - 1986 Arkwright Street) Comments: 1. No comment. We are neutral to the new development at the Toenjes property site. (Lin - 2008 Edgemont Street) Please also see the e-mail message on page 28 and the letter starting on page 29. 9 REFERENCE INFORMATION SITE DESCRIPTION Site size: 2 acres Existing land use: accessory buildings from the former property owner SURROUNDING LAND USES North: Single dwellings South: Single dwellings and vacant property on Roselawn Avenue West: Houses across McMenemey Street East: Roselawn Park PLANNING Existing Land Use Plan designation: R-1 (single dwellings) Existing Zoning: R-1 (single dwellings) APPLICATION DATE The city received the complete project plans and application materials for this proposal on April 1, 2004. As such, the city needs to take action on the proposal by June 1, 2004, unless the developer agrees to a time extension. kr/p:/sec17/toenjes hills estates plat. doc Attachments: 1. Applicant's Narrative Description 2. Location Map 3. Property Line/Zoning Map 4. Property Line Map 5. Existing Site Survey 6. Applicant's Vacation Statement 7. Proposed Vacation Map 8. Proposed Preliminary Plat 9. Site Map 10. Grading and Tree Plan 11. Proposed Grading Plan 12. Storm Sewer Plan 13. Proposed Utility Plan 14. Bruce Anderson's comments dated 04-07-04 15. Engineering department plan review dated 04-12-04 16. E-mail message Don and Julie Shiek dated April 7, 2004 17. Letter from Ericksons dated April 10, 2004 18. Vacation Resolution 19. Project Plans date-stamped Apdl 1, 2004 (separate attachments - including 11x17s and full-size) 10 Folz, Freeman, Erickson, IBC. Attachment 1 LAND PLANNING * SURVEYING * ENGINEERING NARRATIVE DESCRIPTION TOENJES HILLS ESTATES PRELIMINARY PLA T March 18, 2004 There are six new homesites being created along with just over 200 lineal feet of new street on a 2 acre site. The lots are all in excess of 10,000 square feet. The existing land form is generally sloping to the north and east. There is an existing wetland on the north side of the property that overflows into a larger wetland area (known as Roselawn Pond) to the east on the City of Maplewood park property (known as Roselawn Park). The subject property consists of an existing wooded lot of mostly box elder, poplar and elm, with a very few oaks and pines. The existing zoning is single dwelling residential, and this project does NOT propose any change in the zoning. The property is currently vacant, as the original homestead of Herbert Toenjes, Sr. has been removed. The underlying plat of MaGoffm's North Side Addition was never opened and improved in this area as originally platted. There are certain streets, alleys and easements that need to be vacated as a part of the project. The proposed vacations are detailed on sheet three of the plan set. There are improvements to the storm water management system in conjunction with this project. We intend to create a new outlet structure for the existing pond to the north to provide additional storage capacity. We also propose building a infillxafion basin on the City Park property to help alleviate periodic flooding issues with the Roselawn Pond. These improvements are being funded 100% by the developer as a part of this proposed development. The system as proposed will reduce the rate of runoff for this sub- watershed area. To properly create the street elevations and house pads, offsite fill will be imported to the · site. The Grading and Erosion Control Plan details the improvements to the site, as well as the measUres being taken to prevent negative impact to surrounding properties. The eight sheet plan set is much more detailed than a project this size would normally require. The additional detail is provided to ensUre that all of the functions of this project are spelled out clearly and concisely so that staff, Planning Commission and City Council have all of the information needed to make an informed decision on this proposal. 11 5620 Memorial Avenue North, Srillwater, MN 55082 * Phone: (651) 439-8833 * Fax: (651) 430-9331 * Website: unvw. ffe-inc, com Bruce A. Fol~, L$ TimoehyJ. Freeman, LS Todd A. Erickson, PE 1939- 2001 President Vice President Attachment 2 A I,i 0 0 0 0 ,-- B i,I 0 C 2640N 24-00N 1-I-LE CANADA o LOCATION 12 AVE. SUMME~ MAP AY. SAINT PAUL Attachment 3 1973 LBC !959 CO 3O5 0 z F2ooi 1975 R1¸ 1967 1961 LBO 334 2S 2010 2011 2004 2005 1998 1999 1992 1986 2016 2008 2000 2019' 2011 1999 1993 2022,-'- 2~16~' ~oo~ ,. 2002: 200O 1~98 1994i99~ f990 1988 1986 l~: 1984 982 R1 i966 SITE 1944 375 ROSELAWN AVE VERNON A ,C ',Roselawn Park R1 PROPERTY LINE / ZONING MAP 13 Attachment 4 1975 1967 1961 1955 2004 1998 1992 1986 2005 SITE 375 ROSEL.~,'/¥N :~ T PROPERTY LINE MAP 14 2dt 1 ; 1999 1993 '"Roselawn Park t 2 2 2~, 2¢ ~ 20 20 20 212 19 19 19 19 19 lC~ VERNON Attachment 5 TOENJES HILLS ESTATES PRELIMINARY PLA T EXISTING CONDITIONS & DEMO PLAN VERNON AV,ENUE (VACATED.) "~-~ ........ '~ ~'"1 .... EXISTING SITE SURVEY 15 Folz, Freeman, Erickson, Inc. Attachment LAND PLANNING * SURVEYING * ENGINEERING NARRATIVE DESCRIPTION TOENJES HILLS ESTATES VA CA TE STREETS AND ALLEY March 18, 2004 RECEIVED The underlying plat of MaGoffin's North Side Addition was never opened and improved in this area as originally platted. The property is currently vacant. The highest and best use of this property cannot be realized in it's current configuration. There is a portion of a street, alley and ufihty easement that needs to be vacated as a part of the project. The proposed vacations are detailed on the attached map and legal descriptions. The street and alley that are to be vacated serve NO public purpose. The vacation &this street and alley will return unused property to the tax roll, and back to productive use to benefit the community. The utility easement to be vacated is no longer needed due to the reconfiguration of the storm water facilities. The vacations are integral to the development of this project. This project is a benefit to the community insofar as the additional storm water retention facihties that will be constructed to help alleviate the possible flooding issues with the Roselawn Pond area within the City Park east of the project. These facilities will be funded 100 % by the development, at no cost to the community. APPLICANT'S STATEMENT 16 5620 Memorial Avenue North, Srillwater, MN 55082 * Phone: (651) 439.8833 * Fax: (651) 430-9331 * Website: wvav. ffe-inc, com Bruce A. Folz, LS Timothv]. Freeman, LS Todd A. Erickson, PE 1939- 2001 President Vice President Attachment 7 EASEMENT PER DOC. NO. L~ ....... -/- ........ -- - - (CENTERLINE VERNON AVENUE VACATED BY DOC. 29 BLOCK, ×/ 47. 74 / ; / / 2 /' 95.00 ' 4 / 4 TOENJES ' P~ CE 2;' 119.96 C, 25 'DC TOEN]ES HILLS ESTATES PR oPOSED VA CA TION 17 J Attachment 8 · .,<, ~. I ,4 / ~,9'~- %' I I .. × I ..... cT,~ ,<,~ ,I ~ '~ c-.~/ ~ ~- ,' (CENTERLINE VERNON AVENUE VACATED BY OOC. 95.00 2~ © SLOC , $89'08'48"W 120,04 S 89'08'48' W 119.96 zs 6 95. O0 I · / RAMSEY COUNTY CAST IRON MONUMENT AT WEST 1/4 CORNER SEC. ~ 7, T 29 N, R 22 W //I / '//i 25 ×/ .' ~ 2=, 18 Attachment 9 [ ~LOCK 1 / 2 / SITE MAP 19 Attachment l0 TOENJES HILLS ESTATES PRELIMINARY PLA T TREE PLAN ~,,~ _J _ ! ro_mv/mvz~_c= POND. 1 EXISTING ROSELAWN GRADING AND TREE PLAN 20 Attachment ll TOENJES HILLS ESTATES PRELIMINARY PLA T GRADING & £ROSION CONTROL PLAN EXISTING ROSELAWN Attachment 12 !,BLOCK 1 POND 2 NWl- egz.0 HWL 894.5 ( I~.'*/EA~, 2 PRELIMINARY PLA T STREET & STORM SEWER STORM SEWER PLAN 22 Attachment 13 CONNECT TO EXIS'?I N 0 ~ w/a'XS' 1~_ I, IH 1 RIIO-908.O INV.-894.5 G.V. & BOX -- TOENJES HILL'S ES TA TES PRELIMINARY 'PLAT UTILITY PLAN [--T .......................... 1 1 · 6' HYORNqT 6' G.V. al BOX l 8'X6' REDUCER 6 CURB BOX /, 2 / RIM 905.3 INV. 896.00 PROPOSED UTILITY 23 PLAN Attachment 14 MEMORANDUM TO: FROM: DATE: SUBJECT: Ken Roberts, Associate Planner Bruce K. Anderson, Director of Parks and Recreation Apdl 7, 2004 Toenjes Hills Estates I have taken the opportunity to review the proposed Toenjes Hills Estates preliminary plat that proposes six new home sites within the two-acre location at the intersection of Roselawn Avenue and McMenemy Street. The proposed plat is located east of Roselawn Park, which is in effect a small holding pond. Roselawn Park borders Desoto Street on the east and accesses Edgerton park/school. Staff recommends that the developer provide an eight-foot paved walkway between Lots 3 and 4 for a future trail corridor that would be developed along the old Edgemont Street access, following Mount Vernon to the east to access Edgerton Park. This trail access would provide not only access to Roselawn pond and Edgerton Park, but also to Edgerton Elementary School. In addition to the requested trail corddor development, staff recommends that the developer pay the standard residential park dedication fee for each of the six lots. kh~toenjes.mem c: Dennis Peck, Sr. Eng. Tech. 24¸ Attachment 15 Engineering Plan Review PROJECT: Toenjes Hills Estates PROJECT NO: 04-07 REVIEWED BY: Erin Laberee, Maplewood Engineering Department DATE: April 12, 2004 Herb and Hugh Toenjes are proposing to develop the property at 1966 McMenemey Street, just north of Roselawn Avenue, into six residential lots. They are proposing a short cul-de-sac along with a pond to be constructed on the city property in Roselawn Park, east of the site. The developer also is proposing to enlarge the existing pond north of the proposed development. It is proposed that the street and utilities be public infrastructure. The city's current policy for the construction of public streets and utilities is to perform the construction as part of a public improvement project petitioned by the property owner. Maplewood Engineering would prepare the detailed plans and specifications for the street and utilities and perform all inspection duties. Because this policy has changed since initial discussions with the developer, if the developer wishes to privately prepare the plans and specifications for the public street and utilities along with administering all construction activities, the developer must strictly follow Maplewood's Engineering Standards. These standards include a construction inspection schedule that outlines erosion control, grading, utility and street construction, and testing requirements. The developer would ensure that all construction activities conform to Maplewood's standards by entering into a Development Agreement with the city. The developer shall address the following issues. Drainage The developer is proposing that Pond 1 be constructed within the city's property at Roselawn Park. There are two options available to the developer about the location of ponding: The first option is for the developer to pay the city ponding area impact charges to obtain rights over an area of the city property for ponding purposes. Pond 1 is shown to occupy approximately 225 fi by 270 ft (60,750 square feet) within Roselawn Park and public right of way. The storm water ponding area charge shall be $30,375 ($0.50 per square foot). The city would deposit the revenue bom these fees into the city's environmental utility fund. The second alternative is for the developer to contain all ponding within the plat. This would probably result in a reduction in the number ofbuildable lots. The grading plan shows proposed contours for Pond 2 outside of the plat and utility easement. The city will not allow grading north of the north property line of the site without right of entry agreements. If the developer must encroach onto private property, the developer must first get right of entry agreements from the affected property owners before the start of the construction. 25 o The plans show Pond 1 as an infiltration basin. If the pond is to function as infiltration basin, the engineer shall design it to include rock sumps to improve infiltration. The sumps should consist of 1.5" of clean, clear rock wrapped in Type 5 geotextile filter fabric, (felt). The contractor shall place the top of the rock infiltration sumps about 12 inches below the finished bottom of the basin. The project engineer shall provide a detail and description in the plan of how the contractor will prepare the rock sumps. If the pond is to function as a pond it must meet NURP standards. For more information on infiltration basins, please see the Metro council BMP Manual at their web site: http ://www.metrocouncil. org/enviroment/Watershed/bmpmanual.htm Catch basin 7 should be oversized in diameter and include a 3' sump before discharging into the pond. This is so that maintenance workers can remove the sediment deposited in the system before it enters the pond. Grading & Erosion Control 1. Line the first 20 feet of the emergency overflow swale between Pond 2 and Pond 1 with a soil stabilization blanket. A portion of the proposed retaining wall is currently located within the utility easement. The retaining wall must be located within the plat and must have a five- foot setback from the property line. If the proposed retaining wall height is greater than 4 feet tall, the city will require a building permit. o The city is concerned with the elevations of the site and buildings. The existing pond in Roselawn Park has no outlet. The pond has been pumped several times in the past to prevent flooding to nearby properties. The drainage area to the pond has been modeled for two, 100-year, back-to-back storm events. The water elevation in the pond has been modeled to reach approximately 901 for that type storm event. The developer must revise site grades and building elevations to set the lowest building opening elevation at 903, two feet above the water elevation' in the event of two 100-year back-to-back storms. Utilities 1. Submit plans to Saint Paul Regional Water Services for their review and approval. 2. Relocate the proposed hydrant to the common lot line between Lots 3 and 4. 3. Shift sanitary sewer manhole No. 2 ten feet to the west to shorten the length of the sewer main. 4. The developer or contractor shall verify the location of any existing on-site septic system and remove it following all state regulations. 26 Landscaping The applicant or contractor shall provide a turf establishment plan for the ponding areas. This plan shall include appropriate native-grass seed mixtures for upland and lowland areas around the infiltration basin and pond. Streets The city code requires the street width to be 32 feet face to face. The applicant, however, might consider reducing the street width to 28 feet face to face (by variance). However, by code, this also would limit parking to one side of the street. The right-of-way width also could be reduced to 50 feet (by variance). In fact, the code only requires a 60-foot-wide right-of-way, rather than the 66 feet shown on the preliminary plat. These street width and ROW reductions, (by variance), would allow for an increase in the lot depths. 2. The cul-de-sac pavement radius is shown as 50-feet. The minimum cul-de-sac radius by code is 47-feet face-to-face of curb. Other Lots 2, 3, 4 and 5 do not meet city requirements for minimum rear yard setbacks of 20% of the lot depth. The building and lot configuration will need to be revised to meet the depth requirements. Reducing the street and right of way width as recommended above will increase lot depths. The developer may reduce front yard setbacks to 25 feet (from the usual 30 feet) to obtain deeper rear yards. The developer shall dedicate a 20-foot-wide right of way for an 8-foot-wide bituminous trail between Lots 3 and 4 to connect the subdivision to a future park trail. The owner must dedicate the trail right-of-way by separate document before the final plat. The trail shall be constructed as part of the development. 27 Page 1 of 1 Attachment 16 Ken Roberts From: DJshiek [djshiek@comcast.net] Sent: Wednesday, April 07, 2004 3:10 PM To: Ken Roberts Subject: TOENJES HILLS ESTATE Mr. Roberts It is the opion of myself and my wife that this is a project worth approval by the city as it will enhance our neighborhood. Our only concern is the quality of fill and the drainage project, which we assume the city will monitor. Thanks Don & Julie Shiek 4/7/2004 28 Attachment 17 bate: April 10,2004 From: Ken Roberts, Planner City Of Maplewood ,Terry and Etta Erickson, Property Owners 1993 Edgemont Street Maplewood, Minnesota 55117 (651)776-1112 RECEIVED Request for Clarification regarding The Proposed Toenjes Hills Estates Subdivision Thank you for making available to us this excellent packet of information related to the proposed development of the remaining lots of the old Toenjes farm site. We are the property owners in the north side of Pond #2. We built our new home in 2000, and have greatly enjoyed the close proximity of the pond behind our home. Zn the spring, the frogs in the pond sing their little hearts out. buring the summer, we see many egrets, herons and song birds that take sanctuary there. Mother ducks hatch out their families in the weeds along the shoreline, and teach their ducklings to swim in the pond. Last summer we had pair of a golden eagles living somewhere in the woods to the south. They spent many hours circling in the sky above or sitting in the sun on a branch of the old box elder trees on the west side of the pond. At night we frequently see raccoons feeding and playing in the water under the moonlight. The entire area is home to an abundance of fireflies, and it is not unusual to see fox and deer in the pond area. ~[n summary, the pond area and the woods behind it (the proposed subdivision site) has been a lovely wildlife and nature sanctuary. We are not suggesting that the development should not happen. What we are asking is that every possible effort be expended to spare the mature trees in the area, and to replace/relocate any trees and shrubs that need to be removed in order to preserve as much of the beauty of this area as is possible. We live in an intensely competitive, fast-paced, high-tech, world that needs to be balanced with havens of natural beauty if we are to remain mentally-healthy and 29 spiritually-whole, productive citizens of this city. With six new homes being added to this area, and with the additional taxes provided by these citizens, it makes sense to expend whatever effort is required to preserve the natural beauty of this We have several questions related to the proposed project that 'we would like to have answered: PONb #2 Please provide further information and detail on your statement in the narrative description "We intend to create a new outlet structure for the existing pond to the north to provide additional storage capacity." How much larger and deeper will the pond be? Will any excavation within and around the pond be done? How far to the west will the normal water level reach? What is the anticipated 'normal water level' of the pond when the project is complete? How does that compare to the curreflt'normal water level' of the pond? TREES Are the trees marked on the "existing site survey" meant to remain and be protected? What, if anything, will happen to the two big, old box elder trees directly to the west of the pond? If these two mature trees are removed, will you replace them with several relatively mature trees that might be re/ocatectfrom elsewhere on the subdivision property? What will be done to assure that. Pond #2 area is aesthetically pleasing, and remains a sanctuary for birds and wildlife? 3o 3. HON~E$ What will thc average value of thc six building sites be? What will be the average value of the new homes to be built? What is the time-line for getting this work done? Exactly how close to the south edge of Pond #2 will the back of the home on Block 2 be located? Please advise us regarding the date and time of the City Council meeting that will address this proposed project. Thank you for consi¢lcring these concerns. Attachment 18 VACATION RESOLUTION WHEREAS, Hugh Toenjes, representing the property owner, applied for the vacation of the following: 1. The Edgemont Street right-of-way, according to the plat of Magoffin's Northside Addition to Saint Paul, Minnesota, lying south of the vacated Vernon Avenue and north of Lot 7, Block 5 and Lot 24, Block 6. 2. The 20-foot-wide alley in Block 5, Magoffin's Northside Addition to Saint Paul, Minnesota, lying south of the vacated Vernon Avenue and north of Lot 7 and Lot 24 of said Block 5. 3. That part of the drainage and utility easement in Document No. 2690368, described as that part of said easement lying southerly of the centerline of vacated Vernon Avenue between the west line of Block 5 and the east line of Block 5 in Magoffin's Northside Addition to Saint Paul, Minnesota, Ramsey County. WHEREAS, the history of this vacation is as follows: 1. On April 19, 2004, the planning commission recommended that the city council approve the above-described vacations. 2. On May 10, 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, the public interest in the property will go to the following properties: 1. Lots 1-7 and Lots 24-30, Block 5, Magoffin's Northside Addition to St. Paul (PIN 17-29-22-23- 0073). 2. Lots 1-7 and Lots 24-30, Block 6, Magoffin's Northside Addition to St. Paul (PIN 17-29-22-23- 0072). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: 1. It is in the public interest. 2. The city and the property owner have no plans to build a street or an alley in the existing right- of-ways. 3. The adjacent properties have adequate street access. 4. The developer will be dedicating a new right-of-way and new easements with the new plat. The Maplewood City Council adopted this resolution on 32 ,2004.