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HomeMy WebLinkAbout07/21/2009 AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, July 21, 2009 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. July 7,2009 5. Public Hearings 6. New Business a. Planned Unit Development Ordinance Review 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. Commissioner Report: There were no items requiring planning commission representation at the June 13, 2009 city council meeting. b. Upcoming City Council Meeting of July 27, 2009. At this time, the anticipated item for review will be the Century Trails Senior Apartments by Common Bond Communities at the St. Paul's Monastery site. Commissioner Pearson is scheduled to attend. 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 7,2009 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Present Absent Present Absent Present Present Present Present Present City Staff Present: Tom Ekstrand. City Planner Chuck Ahl. Assistant Citv ManaQer Robert Mittel. Citv Finance Director III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda as presented. Commissioner Trippler seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. June 2, 2009 Commissioner Trippler moved to approve the minutes of June 2, 2009 as presented. Commissioner Boeser seconded Ayes - Boeser, Fischer, Martin, Trippler Abstention - Pearson, Walton, Yarwood The motion passed. V. PUBLIC HEARING a. 7:05 p.m.: Conditional Use Permit Amendment-Century Trails Senior Apartments, Common Bond Communities, Benet Road and Monastery Way Planning Commission Minutes of 07-07-09 -2- City planner Tom Ekstrand presented the staff report for this request from Common Bond Communities to build their second phase of development at the St. Paul's Monastery property, located at the northwest corner of Larpenteur and Century Avenues. Mr. Ekstrand said the proposal is for a three-story, 40-unit apartment building for seniors that would be located north of the recently completed 49-unit Trails Edge Townhomes. Planner Ekstrand explained that unit size is proposed to be reduced because of HUD program financing that requires a reduced unit size to a maximum of 540 square feet. Planner Ekstrand mentioned that the city council minutes for approval of the first phase development were not clear as to a parking reduction or how much parking the council's motion required. Mr. Ekstrand said staff is recommending that garages be required. Commissioner Fischer asked staff if the parking required for the Archer Heights senior complex was reviewed as she had requested. Planner Ekstrand responded that he reviewed the conditions of approval for the Archer Heights project and 41 parking spaces were required there for 69 senior units. Planner Ekstrand read the following comments from Commissioner Hess, who was unable to attend this meeting: · We are again facing the same parking and unit size issue the planning commission faced with previous senior housing proposals. We have not concluded this discussion and the PC may wish to again re-address this issue. · The garages are a good idea with Minnesota winters, but as an alternative, posts with outlets for car heaters should be considered. . Sheet C1 of the civil drawings show a utility line that is not identified (see attachment). What is this? Commissioner Trippler said the bank on the north side of the site drops off sharply and he recommended that the applicant install fencing as a warning of the drop off. Mr. Trippler said an advantage of underground garages is to provide shelter during severe weather, since there is no basement in this building. Judith Wurdock, of Common Bond Communities, gave a presentation explaining plans and the financing for this senior apartment project. Paul Holms, of Pope Associates, discussed the topography of the steep slopes on the north side of the site and he said that either a hedge or fence could be installed in that area. Mr. Holms said there are 43 parking spaces proposed for the 40-unit senior building. Mr. Holms asked that a condition for underground garages not be attached to this recommendation to the city council. Mr. Holms said a shelter plan has been done for this building that provides a shelter area on the first floor. Commissioner Boeser suggested that the 43 proposed parking spaces be reduced to the previously approved 41 spaces, but requiring them to be 10 feet rather than 9 % feet. Commissioner Trippler said he feels this project needs to have underground parking for winter use and for storm/emergency situations to protect the residents and amenities shouldn't be limited by HUD requirements. Planning Commission Minutes of 07-07-09 -3- Commissioner Fischer said she walked through the Beebe Road senior building parking lot last evening and even though that facility has half of the parking spaces to the number of units, there were 10-12 empty parking spaces. Commissioner Fischer said she does not have a problem with reducing the required number of parking spaces. Commissioner Boeser said this proposal is designed as an affordable senior housing project and designed for low income people. Mr. Boeser said that for this community, he does not see that underground parking should be an issue, even though it might be nice to have. Mr. Boeser said that underground parking and some unit space need to be given up and he does not have a problem with that. Commissioner Yarwood said it is a workable concept without the garage, but if the applicant can do it within the constraints of the plan and still get the HUD financing, it would be a benefit to the residents. Commissioner Pearson said he agrees with the importance of having underground parking for seniors and is in favor of it. Mr. Pearson said HUD is not a great requirement for construction of this and he cannot support this project as proposed because he would not be doing the right thing for seniors who will live there. Commissioner Pearson moved the planning commission recommend adoption of the resolution approving the amendment of the conditional use permit for the St. Paul's Monastery planned unit development, allowing unit size reductions for the Century Trails Apartments by Common Bond Communities. The approved unit sizes would be allowed to range from 550 square feet to 575 square feet of gross floor area with a maximum of 540 square feet of net habitable area. Approval is based on the findings required by ordinance in addition to the following reasons: 1. HUD financing is dependent upon reduced unit sizes. 2. The proposed apartment complex would provide useable common areas for the residents as well as their own dwelling unit space such as a community room, screen porch, laundry room and lounges. 3. The PUD ordinance allows for deviations from the code requirements since: . The proposed development has a unique nature for which the code regulation should not apply. . The PUD would be consistent with the purposes of this chapter. . The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. . The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owner or occupants of nearby land. . The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. Approval is subject to the following conditions: Planning Commission Minutes of 07-07-09 -4- 1. The applicant shall follow the plans date-stamped May 22, 2009. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The applicant shall redesign the project to include underground garages for the residents. This plan revision shall be submitted to the community design review board for approval. Commissioner Trippler seconded The motion passed. Ayes - all Commissioner Trippler moved the planning commission recommend to the community design review board approval of the plans date-stamped May 22, 2009 for the Century Trails Apartments located at the corner of Benet Road, Monastery Way and Century Avenue. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of completing exterior improvements like landscaping, in-ground lawn irrigation, parking lot striping and the like. 3. Meet all requirements of the building official, fire marshal and police. 4. Add underground garage space sufficient enough to provide emergency shelter for all residents if needed and if not specifically excluded by HUD. 5. Comply with the city engineer's report dated June 17, 2009. 6. Comply with applicable May 14, 2007, city council PUD conditions. 7. Provide a site and design plan for the screening of any trash and recycling containers if they would be kept outside. Should a trash enclosure area be proposed in the future, it shall not be placed in any parking space. 8. Provide in-ground lawn irrigation as required by the city code. 9. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. 10. Provide either fencing or hedging along the north and east to demarcate the steep drop off. Commissioner Pearson seconded Ayes - Martin, Pearson, Trippler, Walton, Yarwood Nays - Boeser, Fischer The motion passed. b. 8:10 p.m.: 2010-2014 Capital Improvement Plan Planning Commission Minutes of 07-07-09 -5- Public works director Chuck Ahl presented the staff report for the proposed 2010-2014 Capital Improvement Plan for review by the planning commission as a public hearing. Mr. Ahl said other city commission members were invited to attend this hearing and comment on this project. Mr. Ahl explained funding of previous annual improvement plans and answered questions from the commission regarding projects included in the 2010-2014 proposal. Ginny Yingling, a member of the environment and natural resource commission, 673 Dorland Road S., asked if recommendations from the students involved in the Sustainable Maplewood project were considered during the capital improvement plan process. Director Ahl responded that those recommendations were taken into consideration and some have already been implemented. Commissioner Yingling asked how budget dollars were determined for the Gerten pond drainage improvement project without a study being done. Director Ahl responded that staff gets an estimate of the overall improvements foreseen as necessary. Fredrica Musgrave, a member of the environment and natural resource commission, 1949 Greenbrier Street, asked for clarification of details with some projects scheduled in this proposed plan. Ms. Musgrave asked that the planning commission look closely at each of the proposed items in the proposed CIP to determine if they are really needed. Peter Fischer, chair of the parks commission, explained that the commission is currently working off of a needs assessment that was done in 1999. Mr. Fischer explained that before improvements are done in a park the commission holds a neighborhood meeting where residents can review the plans and give comments and ideas. Commissioner Boeser suggested that C.I.P. project prioritization would be a useful in-service training topic and asked staff if that would be possible. Director Ahl responded affirmatively saying it would not be difficult to provide the information in a training session. Finance director Mittet explained that financing details of funds and debt management also contribute to how the projects are prioritized. Commissioner Pearson moved the planning commission recommend to the city council approval of the Capital Improvement Project 2010-2014. Commissioner Yarwood seconded The motion passed. Ayes - all VI. NEW BUSINESS None VII. UNFINISHED BUSINESS a. Conditional Use Permit Amendment-Bruentrup Heritage Farm, 2170 County Road D City planner Tom Ekstrand presented the staff report for the request for a conditional use permit amendment for the Bruentrup Heritage Farm. Mr. Ekstrand reviewed the latest revisions proposed by the Maplewood Area Historical Society since the commission's last review of this item. Commissioner Trippler said he is not in favor of allowing music or noise until 1 0 p.m. at this site and he also does not agree with their proposal for off-site parking. Planning Commission Minutes of 07-07-09 -6- Commissioner Pearson said he does not support off-site parking and that it sets a stupid precedent and he will not support this. Commissioner Boeser said he does not support the parking shuttle concept. Mr. Boeser suggested that there is adequate space on the site to provide on-site parking including screening without touching the integrity of the farm. Commissioner Walton said there is still the noise issue to deal with. Commissioner Boeser responded that the Maplewood Area Historical Society has approved an outdoor 9 p.m. noise/music deadline and this deadline could be required indoors also. Commissioner Walton said the staff recommendation includes a condition requiring compliance with the city's noise ordinance. Commissioner Trippler moved the planning commission recommend approval of the amendment to the Maplewood Area Historical Society's Conditional Use Permit for the use of the Bruentrup Heritage Farm site (2170 County Road D) with the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3. The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap-parking sign for each handicap-parking space and an address on the building. c. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not need to be screened. d. Install site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source is not visible and so it does not cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5. All work shall follow the approved plans. The director of community development may approve minor changes. New Conditions which applv to the subleasinq of the site bv the Societv for larqe fundraisinq events. 6. Update the Januarv 2008 Bruentrup Heritaqe Farm Master Plan to include correct site size. site conditions. parkinq references. and purpose and intent of uses includinq anv subleased fundraisinq events. 7. Parkinq shall be on-site onlv. 8. Anv larqe-scale music proposed for anv event on the site (such as DJs and bands) should be Planning Commission Minutes of 07-07-09 -7- limited to inside the barn. ~ Use of the farm must complv with the citv's noise ordinance which requires that no disturbinq noises be Qenerated before 7 a .m. and after 7 p.m. 10. In exchanqe for occasional use of the Bruentrup Heritaqe Farm site bv the citv. the citv will allow the societv the use of the Communitv Center at no charqe for their annual fundraisinq Halloween Hoe Down. 11. The societv will work with Maplewood city staff to coordinate the manaqement of the oak savanna located west of the entrv drive within the Bruentrup Heritaqe Farm site with the intent of continuinQ to manaqe that portion of the site as oak savanna. 12. The barn must be posted with a maximum occupancv of 290 people. 13. Subleased larQe fundraisinQ events are allowed six times per vear. 14. Subleased larQe fundraisinQ events are allowed from 10 a.m. to 10 p.m. 15. Maximum number of occupants allowed on site for larqe fundraisinq events in which alcohol will be served is limited to 290 people. 16. Appropriate liquor license must be obtained prior to servinq alcohol on the site. 17. The societv must obtain the appropriate liabilitv coveraqe for subleased larqe events which holds the citv harmless. 18. A rental aqreement must be approved bv the citv which dictates hours of use. maximum number of people. location of parkinq. etc. Commissioner Pearson seconded The motion passed. Ayes - all b. Election of Chair and Vice Chair for June 2009 through May 2010 Commissioner Trippler nominated Lorraine Fischer as chairperson. Commissioner Pearson seconded Ayes - Boeser, Martin, Pearson, Trippler, Walton, Yarwood Abstention - Fischer The motion passed. Commissioner Fischer nominated Tushar Desai as vice chair. Commissioner Pearson seconded Ayes - Boeser, Fischer, Martin, Pearson, Trippler, Walton, Yarwood The motion passed. VIII. VISITOR PRESENTATIONS None Planning Commission Minutes of 07-07-09 -8- IX. COMMISSION PRESENTATIONS a. Staff commended that there were no planning commission items that were reviewed on June 8 or June 22. b. Staff stated that there were no planning commission items scheduled for the upcoming July 13, 2009 city council meeting. It would be Commissioner Boeser's turn to attend if there were items for review. X. STAFF PRESENTATIONS a. 2009 Planning Commission Summer Tour Recap The commissioner liked the tour this year. The Commissioner Trippler commented that he liked the layout with fewer "drive by" reviews and liked the format with four walking-stops where presentations were given. He suggested for next year are the Priory Open Space site for a walking tour of those grounds and a visit to the Ramsey Washington Metro Watershed District. Commissioner Boeser commented that next year if the tour stops could be more punctual, it would be better since we ran out of time to complete the entire tour as it was scheduled. XI. ADJOURNMENT The meeting was adjourned at 10:50 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Tom Ekstrand, Senior Planner Planned Unit Development Ordinance Discussion July 15, 2009 INTRODUCTION In the 2008 annual report, the planning commission set several goals for 2009. One was to "review the planned unit development (PUD) ordinance for possible changes." Staff wishes to begin this review and discussion and has provided the city's PUD ordinance (attached). City code states that a PUD is one form of conditional use permit (CUP). According to the ordinance, "the purpose of a CUP is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses." Simply put, a CUP and PUD are contracts for development whereby the applicant, property owner or developer must comply with a list of conditions set by the city council, based on the planning commission's recommendation. DISCUSSION What is a CUP and PUD? The city code defines a conditional use as "a land use or development that would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by official controls." Code defines a planned unit development as "a type of development characterized by a unified site design, with two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites." What is the Intention of a PUD? Section 44-1093(b) states that "it is the intention of this section and other sections of this article relating to planned unit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for PUDs provided that: . Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. . The PUD would be consistent with the purposes of this chapter. . The PUD would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. · The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owner or occupants of nearby land. . The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. RECOMMENDATION Please review the attached ordinance for discussion and direct staff with any suggested changes. p:1 planning commissionlin service traininglPUD ordinance discussion 7 09 te Attachments: 1. Conditional Use Permit Definition 2. PUD Definition 3. CUP/PUD Ordinance 2 JOBNAME: No Job Name PAGE: 614 SESS: 2 OUTPUT: Tue Apr 812:31:10 2003 /first/pubdocs/mcc/3/11217 jull Attachment 1 ~ 44-5 MAPLEWOOD CODE Sec. 44-5. Rules of construction. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning indicated: (1) The term "usedll shall include the term "arranged,ll lIdesigned,ll or l1intended to be used. II (2) The term "building" shall include the term "structure." In residential districts the terms "buildingll and I1structurell shall exclude citizen band radio towers, amateur radio towers, television antennas and flagpoles. (Code 1982, ~ 36-5) Sec. 44-6. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory building means a building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. Accessory use means a use subordinate to the main use ofland or of a building on a lot and customarily incidental thereto. Animal means any animate being, except a human being, which is endowed with the power of voluntary motion, including but not limited to fish, birds, mammals, reptiles and insects. Basic structural alteration means any enlargement of a building, whether by extending on any side or by increasing in height, or the moving of a building from one location to another. Boardinghouse means a roominghouse in which meals are provided. Building area means the area of a lot that is covered by buildings or has part of a building extended over the lot. Building area shall not include cornices, eaves, gutters, unenclosed decks or patios, or buildings with 120 square feet or less of area. Building line means the line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located. For a lot fronting on a public water, the building line shall include a line parallel to the ordinary high-water level at the required setback therefrom. Commercial equipment means equipment not normally associated with residential uses or purposes, including but not limited to cement mixers, snowplows, wood chippers, stump grinders, earth-moving equipment or heavy-duty compressors. Commercial use means a principal use of land or buildings for the sale, lease, rental or trade of products, goods or services. x Conditional use means a land use or development that would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by official controls. Covered structure means a structure with a roof. CD44:12 JOBNAME: No Job Name PAGE: 618 SESS: 2 OUTPUT: Tue Apr 812:31:10 2003 /first/pubdocs/mcc/3/11217 jull Attachment 2 ~ 44-6 MAPLEWOOD CODE designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under chapter 365 of the 1981 Minnesota State session laws. As used in this definition, the term "Secretary" means the Secretary of the United States Department of Housing and Urban Development or the head of any successor agency with responsibility for enforcement of federal laws relating to manufac- tured homes. Mining means the surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals and peat not regnlated under state law. Minor motor fuel station means a retail business engaged in the sale of motor vehicle fuels with a maximum of three dispensers. Fuel dispensers shall be designed to serve only two cars at once. Motor vehicle accessory installation center means a place to install equipment sold on the premises in a motor vehicle, where the following conditions are met: (1) No petroleum products would be added to, applied to, or removed from the vehicle. (2) There would be no maintenance, servicing or repair of vehicles or parts of vehicles, including car washing. (3) There would be no vehicle hoist or lift. (4) There would be no noxious materials used. Motor vehicle wash means a building for washing motor vehicles. This definition does not include the occasional handwashing of vehicles stored in a parking garage. Nonconforming building or use means a building or a use of land or of a building, existing at the effective date of any section of this chapter, which does not conform with the requirements of such section of this chapter, or a use authorized under article V of this chapter. Outlot means any parcel of land designated as an outlot on any plat in the city. Parking space means an open space or a garage on a lot, used for parking motor vehicles, to which there is access from a street or alley. x Planned unit development (PUD) means a type of development characterized by a unified site design, with two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites. Poultry means domesticated birds that serve as a source of eggs or meat and that include, among commercially important kinds, chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others. CD44:16 JOBNAME: No Job Name PAGE: 705 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /first/pubdocs/mcc/3/l 1217_ full Attachment 3 ZONING ~ 44-1093 Sees. 44-1065-44-1090. Reserved. ARTICLE V. CONDITIONAL USE PERMITS Sec. 44-1091. Purpose. The purpose of a conditional use permit is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses. (Code 1982, ~ 36-436) Sec. 44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district from which they are not permitted and not specifically prohibited: (1) Public utility, public service or public building uses. (2) Mining. Refer to the requirements under article IV of this chapter. (3) Library; community center; state-licensed day care or residential program unless exempted by state law; church; hospital and a helistop as an accessory use to a hospital; any institution of any educational, philanthropic or charitable nature; cemetery, crematory or mausoleum. (4) An off-street parking lot as a principal use in a commercial or industrial zoning district. (5) Part of an apartment building for commercial use, intended for the building's residents, such as drugstore, beauty parlor, barbershop, medical office or similar use. (6) Planned nnit developments (PUD). (7) Construction of an outlet. (Code 1982, ~ 36-437) Sec. 44-1093. Planned unit developments. (a) A planned unit development (PUD) may not be divided unless the density distribution approved in the PUD is ensured. (b) It is the intention ofthis section and the other sections of this article relating to planned uuit developments to provide a means to allow flexibility by substantial deviations from this chapter, including uses, setbacks, height and other regulations. Deviations may be granted for planned unit developments provided that: (1) Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. (2) The PUD would be consistent with the purposes of this chapter. CD44:103 JOBNAME: No Job Name PAGE: 706 SESS: 2 OUTPUT: Tue Apr 812:31:102003 Ifirst/pubdocs/mcc/3111217 _full ~ 44-1093 MAPLEWOOD CODE (3) The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. (4) The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. (5) The deviations are required for reasonable and practicable physical development and are not required solely for financial reasons. (c) The development shall conform to the plan as filed with the city. Any substantive changes in the plan shall require a recommendation by the planning commission and approval by the city council after a public hearing. (d) Common open space. The developer shall provide deed restrictions, covenants, ease- ments, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protection: (1) Except routine maintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water. (2) Prohibit the exterior storage of vehicles or other materials. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construc- tion project. (3) If on a public water, prohibit the uncontrolled beaching of watercraft. (e) Owners' association. All planned unit developments with common open space must have an owners! association with the following features: (1) Each lot owner must be a member. (2) Each member must pay a pro rata share of the association's expenses, and unpaid association assessments can become liens on units or sites. (3) Association assessments must be adjustable to adapt to changing conditions. (4) The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities. (f) The city shall designate PUDs on the official city zoning map. (Code 1982, ~ 36-438) Sec. 44-1094. Outlots. (a) No building permit shall be issued for construction upon an outlot, except by conditional use permit. (b) The city council shall not grant a conditional use permit for building upon any outlot, unless the outlot meets the following conditions: (1) It meets the minimum size and frontage requirements provided for in this chapter. (2) It has the requisite public improvements. CD44:104 JOBNAME: No Job Name PAGE: 707 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocs/mcc/3/11217 Jull ZONING ~ 44-1096 (3) The permitted density under this Code has not been transferred to another parcel and is, therefore, sufficient to accommodate the proposed construction. (4) The outlot is not used for permanent common open space. (5) The proposed construction can overcome or accommodate topographical problems and peculiar site characteristics. (Code 1982, ~ 36-439) Sec. 44-1095. Application. (a) An application for a conditional use permit may be made by any person having a legal interest in the property described in the application. All applications shall be submitted to the director of community development upon the form supplied by the city. The director shall not accept an application that is not complete. Specific application requirements shall be as stated on this form, but shall include at least the following information, if applicable: (1) All information required on the community design review board application. (2) Written justification for any PUD deviations. (3) An abstractor's certificate showing property owners' names and addresses within 350 feet of the boundaries of the property for which the permit is requested. (4) Any other information required by the director of community development, the city council or the council's advisory bodies. (b) The applicant shall also, at the time of filing such application, pay a fee to the director of community development to defray administrative expenses incurred by the city in the handling of the application, which fee shall be established by the city council, by ordinance, from time to time. (Code 1982, ~ 36-440) Sec. 44-1096. Procedure. (a) Mter an application for a conditional use permit has been submitted, the director of community development shall prepare a report and recommendation and submit it to the planning commission and community design review board, as appropriate, for a recommen- dation to the city council. The planning commission and community design review board shall take action on the application within 60 days of their respective hearing dates, unless an extension is approved in writing by the applicant. The staff report and the planning commission's and community design review board's recommendations shall then be forwarded to the city council. (b) The city council shall hold at least one public hearing on each application for a conditional use permit. This hearing shall not be held until the council has received written recommendations or reports from the city staff, planning commission and community design review board or until 60 days have elapsed from the respective hearing dates. The director of community development shall have a notice of the hearing published in the official newspaper CD44:105 JOBNAME: No Job Name PAGE: 708 SESS: 2 OUTPUT: Tue Apr 812:31:102003 Ifirst/pubdocs/mcc/3/ll2l7 _full ~ 44-1096 MAPLEWOOD CODE at least ten days before the hearing. The director shall also cause a notice to be mailed to each ofthe owners of property within 350 feet ofthe boundary lines of the property upon which such use has been requested, which notices are to be mailed to the last known address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. (c) The council may refer the application back to the planning commission when the council finds that specific questions or information that may affect the final decision were not considered by the planning commission. This procedure shall only be used once for each application. (d) The city council may approve, amend or deny an application for a conditional use permit by a majority vote. (e) All decisions by the city council shall be final, except that any person aggrieved by a decision may, within 30 days of the decision, appeal to the county district court. (Code 1982, ~ 36-441) Sec. 44-1097. Standards. (a) A conditional use permit may be approved, amended or denied based on the following standards for approval, in addition to any standards for a specific conditional use found in this chapter: (1) The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and this Code. (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. CD44:106 JOBNAME: No Job Name PAGE: 709 SESS: 2 OUTPUT: Tue Apr 812:31:10 2003 /first/pubdocs/mcc/3/11217 Jull ZONING ~ 44-1098 (b) The city council may waive any of the requirements in subsection (a) of this section for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. (c) The applicant shall have the burden of proving that the use would meet all of the staudards required for approval of a conditional use permit. The city may require the applicant provide, at his cost, any information, studies or expert testimony necessary to establish whether these standards would be met or to establish conditions for approval. (Code 1982, ~ 36-442) Sec. 44-1098. Conditions. (a) The city cormeil, in granting a conditional use permit, may impose such conditions and guarantees that it considers necessary and as supported by the record of the proceedings to protect adjacent properties and the public interest and to achieve the goals and objectives of the comprehensive plan. (b) Conditions and guarantees may include but are not limited to the following: (1) Controlling the number, area, bulk, height, illumination and location of such uses. (2) Regulating access to the property, with particular reference to vehicle and pedestrian safety and convenience, traffic control and emergency vehicle access. (3) Regulating off-street parking and loading areas, including the number and width of parking spaces. (4) The location and desigu of utilities, including drainage. (5) Berming, fencing, screening and landscaping, including underground sprinkling. (6) Compatibility of appearance with surrounding land uses. (7) Preservation of the site's natural, historic and scenic features in the development design. (8) Limiting the number, size, location or lighting of signage, notwithstanding article III ofthis chapter which pertains to sign. (9) The location, dimensions and upkeep of open space. (10) Increasing required lot size, yard dimensions or setback requirements. (11) Compliance with any plans presented. (12) A time limit for review of the permit. (13) A written agreement, cash escrow, letter of credit or other guarantee to ensure that the project will be built as approved. (14) Restrictive covenants. CD44:107 JOBNAME: No Job Name PAGE: 710 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /frrst/pubdocs/mcc/3/11217_fulJ ~ 44-1098 MAPLEWOOD CODE (15) Control of the interior and exterior components of a building, provided that such condition does not conflict with the building code. Such components may include but not be limited to the finished exterior materials and installation of elevators. (16) Control of potential noise generators. (Code 1982, ~ 36-443) Sec. 44-1099. Start of construction or use. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the conditional use permit shall become null and void. The council may grant up to one one-year extension of the permit if just cause is shown. This requirement shall not apply to PUDs with an approved phasing plan. Such extension shall be requested in writing and filed with the director of community development at least 30 days before the expiration of the original conditional use permit. There shall be no charge for filing such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. (Code 1982, ~ 36-444) Sec. 44-1100. Duration. (a) All conditional use permits shall be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision or ordinance. At the one-year review, the council may specifY an indefinite term or specific term, not to exceed five years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. (b) A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Any conditional use that meets the agreed upon conditions and is later allowed because of the city enacting or amending official controls shall be considered a legal nonconforming use. (Code 1982, ~ 36-445) Sec. 44-1101. Termination, suspension or revision. (a) The council may suspend or terminate the permit if the approved conditions have been violated or the use is no longer in effect. Where the construction of a building or structure of a monetary value in excess of $100,000.00 has been permitted, the council shall provide for a period of amortization of not less than five years. Where public health, safety and welfare concems are threatened, the five-year amortization period is not required, and the council may determine the amortization period, if any, to be allowed. The owner ofthe property upon which the conditional use permit was issued shall be notified in writing at least ten days before the meeting. If the proposed termination is based on a violation of conditions, the property owners within 350 feet shall also be notified. The director of community development may issue a stop order for work in progress until the council hears the matter. CD44:108 JOBNAME: No Job Name PAGE: 711 SESS: 2 OUTPUT: Tue Apr 812:31:102003 Ifirst/pubdocs/mcc/3/1 1217 jull ZONING ~ 44-1130 (b) The city council may review a permit at any time. If the council decides to consider adding, dropping or changing conditions, the council shall follow the procedures in section 44-1096 for approving a new permit. The council shall not change conditions unless the conditional use no longer meets one of the standards in section 44-1097 for approving a new permit. (Code 1982, ~ 36-446) Sec. 44-1102. Reapplication. Whenever an application for a conditional use permit has been denied by the city council, a similar application affecting substantially the same property shall not be considered again by the city for at least one year from the date of its denial, unless the council directs such reconsideration by at least four votes. (Code 1982, ~ 36-447) Sec. 44-1103. Conditional uses to conform to terms and conditions attached to issuance. (a) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms and conditions of the permit. (b) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require an amended permit, and all procedures shall apply as if a new permit were being issued. All uses existing on the effective date of the ordinance from which this article derives shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on such date. Any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for in this subsection. (Code 1982, ~ 36-448) Sec. 44-1104. Records. The director of community development shall maintain a record of all conditional use pennits issued, including information on the use, location, conditions imposed by the council, time limits, review da~es and other information as may be appropriate. (Code 1982, ~ 36-449) Sec. 44-11 05. Filing. A certified copy of any resolution approving a conditional use permit shall be filed with the county recorder or registrar of titles. The resolution shall not include the legal description of the property. Failure to file does not affect the validity or enforceability of the permit. (Code 1982, ~ 36-450) Sees. 44-1106-44-1130. Reserved. CD44:109