HomeMy WebLinkAbout12/01/2009
AGENDA
MAPLEWOOD PLANNING COMMISSION
Tuesday, December 1, 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
5. Public Hearings
6. New Business
7. Unfinished Business
a.. Conditional Use Permit/Planned Unit Development Amendment
8. Visitor Presentations
9. Commission Presentations
a. Commissioner Reports: There were no planning commission items for the November 23,
2009 city council meeting so there is nothing to report. Commissioner Boeser was scheduled
to attend for the planning commission but he was not needed.
b. Upcoming City Council Meeting of December 14, 2009. Commissioner Pearson is scheduled
to attend should there be a need for planning commission representation. At this time there
are no scheduled items for review requiring planning commission attendance.
10. Staff Presentations
a. 2010 Council Meeting Schedule for PC Representation
b. Comprehensive Plan Update Status Report
c. December 15 Planning Commission Meeting-Hold Meeting or Cancel?
11. Adjournment
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
James Antonen, City Manager
Tom Ekstrand, Senior Planner
Planned Unit Development Ordinance Revision
November 24, 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." The
planning commission reviewed the current ordinance on July 21, 2009 and directed staff
to bring this ordinance back with several updates made.
The PUD Ordinance
City code states that a PUD is one form of a 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." 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 recommendations.
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."
Major Revisions
The following are the major revisions to the CUP/PUD ordinance:
1. Inclusion of private utilities and alternate power generation methods under the CUP
requirements. Section 44-1092 (1)
2. Deletion of the requirement for a CUP for off-street parking as a principal use in
commercial and industrial districts. These are noted as "permitted" uses in those
districts, which seems reasonable. Staff recommends requiring a CUP for parking as
a principal use in any other district, however. Section 44-1092 (4).
3. Revised the section which provides for flexibility or deviations from ordinance. This
section has at times resulted in confusion as to its intention and application. Must all
points be found to be met? Is one enough to justify deviation from the ordinance?
Staff did not attempt to change the points of consideration except for the tone in
which they are presented. Staff's goal was to say, "deviation from the code mav be
allowed based on consideration of the factors already in the ordinance. This section
currently states that "deviations may be granted for planned unit developments
provided that. . . "Staff feels the tone is that all of these factors must be met. That is
usually not the case and it often leads to debate as to the intention. Staff is
suggesting that these factors be "considered" in the evaluation, but not all of the
factors need to be found to be applicable. Section 44-1093 (b).
4. Inclusion of the other city commissions in the CUP/PUD review process as would be
applicable. Section 44-1096 (a).
5. Revision of the text to say that the planning commission holds the public hearing
which is the current practice. Section 44-1096 (b).
6. Revision of the "standards" for approval to state that a CUP may be approved "in
consideration" of the nine standards or findings for approval. There has been
o confusion in the past whether the ordinance requires that some or all of these
standards must be applied for approval. By utilizing the term "in consideration," staff
feels it implies that these points must be considered, but not that ~of them must be
found to apply in every case. They may not all apply in every case. Section 44-1097
(a).
7. Revision to this section is regarding traffic impact. Staff's proposed revision would
state that it be found that the use "would not negatively impact the traffic on any
street based on current roadwav conditions or future desiqn capabilities." This
suggested wording is meant to evaluate traffic impact on the design (current or
future) capabilities of the roadway system and not on perceived conditions. Section
44-1097 (a) (5).
8. Revision to the clause which deals with "grandfathering in" existing uses for clearer
wording. This section addresses legal-nonconforming uses and grandfathers them
in as long as they stay the same. Any expansion or intensification of use would
require a CUP review. The intention has not changed, but the wording is made
clearer. In addition, the last sentence of this paragraph should be removed since it
simply repeats the first sentence of the paragraph. Section 44-1103 (b).
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RECOMMENDATION
Adopt the attached revisions to the conditional use permit/planned unit
development ordinance.
p:1 planning commissionlin service traininglPUD ordinance discussion 11 Og Ie
Attachments:
1. Conditional Use Permit Ordinance Revisions
2. Definitions Revisions
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ORDINANCE NO.
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND
PLANNED UNIT DEVELOPMENT REQUIREMENTS
The Maplewood City Council approves the following additions to the
Maplewood Code of Ordinances. (Additions are underlined and deletions
are crossed out.)
Section 1. This section revises Article V ofthe Maplewood Code of
Ordinances dealing with conditional use permits and planned unit
developments.
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.
Tile city is not obligated to approve such uses.
(Code 1982, ss 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 and private utilities 1ffiIity, public service or public building uses. Private
utilities shall include power qeneration facilities bv wind turbine, solar collectors and
anv other alternative power qeneration source.
(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
diE:trict. other than a commercial 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.
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(6) Planned unit developments (PUD).
(7) Construction of an outlot.
(Code 1982, ss 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) The planninq commission mav consider f1exibilitv from strict code compliance in
the internal and external desiqn requirements of a proposed PUD and mav
consider deviations from those requirements bv first qivinq consideration to the
followinq factors: It is the intention of this section and the other sections of this
article rclating to planned unit de'.'elopments to provide a means to allow
flexibility by substantial deviations from this chapter, including uses, setbaoks,
height and othcr regulations. Deviations may be granted for planned unit
developments providod that:
1. Whether the proposed development and the surroundinq neiqhborhood can
be better served bv relaxinq the code requirements that requlate the phvsical
development or lavout of the proiect. It should be considered if cGertain
regulations contained in this chapter should not apply to the proposod
developmcnt because of its unique nature.
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2. Whether t+he PUD would be consistent with the spirit. intent and purposes of
this chapter.
3. Whether t+he planned unit development would produce a development of
equal or superior quality to that which would result from strict adherence to
this chapter.
4. Whether t+he deviations would flat constitute a significant threat to the
property values, safety, health or general welfare of the owners or occupants
of nearby land or of the environment.
5. Whether t+he deviations are required for the reasonable and practical
praotioal:lle physical development of the proiect and are not required solely for
finanoial reasons.
(c) The development shall conform to the plans and specifications as filed with the
city. Any substantive changes in the plans and specifications 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,
easements, 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:
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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 construction project.
3. If on a public water, prohibit the uncontrolled beaching of watercraft.
(e) Owner's 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, ss 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.
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 the topographical
problems and peculiar site characteristics.
(Code 1982, ss 36-439)
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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 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 500 ~ 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, ss 36-440)
Sec. 44-1096. Procedure.
(a) After 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, aR€l community design review board and
anv other commission as appropriate, for a recommendation to the city council.
The citv council planning oommission and oommunity design revie'.... board shall
take action on the application within 60 days of thcir respective hearing datos,
unless an extension is approved in accordance with state statute. writing by the
applioant. 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 planninq commission oity oouncil shall hold at least one public hearing on
each application for a conditional use permit. This hearing shall not be held until
tAe The citv council shall take final action after considerinq the has reoeived
written recommendations or reports from the city staff, planning commission, aR€l
community design review board and other applicable commissions. or until eO
days have elapsed from the respectivc hearing dates. The director of community
development shall have a notice of the hearing published in the official
newspaper at least ten days before the hearing. The director shall also mail
6ffil5e a notice to I:le mailed to each of the owners of property within 500 ~ feet
of the I:loundary lines of the property upon which such use has been requested,
whioh notices arc to I:lc mailed to the last known address of such owners at least
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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 the county district
court. (Code 1982, ss 36-441)
Sec. 44-1097. Standards.
(a) A conditional use permit may be approved, amended or denied in consideration
of based on the following standards for approval, in addition to any standards or
findinqs for a specific conditional use found elsewhere in the Maplewood Code of
Ordinances: in this ohapter:
(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.
~ The use would not neqativelv impact the traffic on anv street based on those
roadwavs current or future desiqn capabilities. generate only minimal
'.'ehicular traffio on looal streets and would not create traffio congestion or
unsafe aooess on existing or proposed ctreets.
(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.
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(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.
(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
standards 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 council, 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 design 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 of this chapter which pertains to sign.
(9) The location, dimensions and upkeep of open space.
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(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.
(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
~otd. 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 Gf
ordinanoc. 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)
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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 concerns 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 of the 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 500 ~ 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.
(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.
fl3f 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 in existence at the effective date of the ordinance
that are now required to have a conditional use permit shall be considered leqal-
nonconforminq and shall be required to have a conditional use permit for anv
expansion or chanqe in intensitv. J\II uses cxisting on the cffective date of thc
ordinanoe from whioh this articlc derives shall bc oonsidered as having a
conditional usc permit 'Nhich oontains oonditions that permit the land use and
struoturcs as they existcd on suoh date. /',ny enlargement, structural alteration, er
intensification of use shall require an amendcd conditional usc permit as
provided for in this sul:lsection.
(Code 1982, ~ 36-448)
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Sec. 44-1104. Records.
The director of community development shall maintain a record of all conditional use
permits issued, including information on the use, location, conditions imposed by the
council, time limits, review dates and other information as may be appropriate.
(Code 1982, ~ 36-449)
Sec. 44-1105. 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 flat include the legal
description of the property. Failure to file does not affect the validity or enforceability of
the permit.
(Code 1982, ~ 36-450)
Secs. 44-1106-44-1130. Reserved.
Section 2. This section revises the Section 44-6. Definitions.
Basic structural alteration means any enlargement of a building or modification to
the framino of a buildino, whether by extending on any side or by increasing in
.height. lenoth, width or chanoes caused by Gf the moving of a building from one
location to another.
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 the official controls outlined in Article V, Conditional Use Permits.
Planned unit developments (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. The PUD application, timino
and recordino process is described under Article V. Conditional Use Permits.
Section 3. This ordinance shall take effect after the approval by the city council
and publishing in the official newspaper.
The Maplewood City Council approved this ordinance revision on
Mayor
Attest:
City Clerk
12
2010 PLANNING COMMISSION SCHEDULE
FOR CITY COUNCIL MEETINGS
Lorraine Fischer 02-22-10 07-12-10 11-22-10
651-777-5037 (h)
651-215-2259 (w) tue & thur
Harland Hess 03-08-10 07 -26-10 12-13-10
651-773-9558 (h)
763-591-5400 (w)
Robert Martin Jr 03-22-10 08-09-10 12-27-10
651-578-9467 (h)
763-717-5520 (w)
Joe Boeser 04-12-10 08-23-10 01-10-11
651-770-1590 (h)
952-956-2115 (c)
Gary Pearson 04-26-10 09-13-10 01-24-11
651-777-9197 (h)
9501-777-3981 (w)
612-220-5895 (cell)
Dale Trippler 05-10-10 09-27 -10 02-14-11
651-490-1485 (h)
Joseph Walton 05-24-10 10-11-10 01-11-10
651-482-0756 (h)
651-484-0114 (w)
Tushar Desai 06-14-10 10-25-10 01-25-10
651-484-2132 (h)
Jeremy Yarwood 06-28-10 11-08-10 02-08-10
651-735-1501 (h)
651-737-1033 (w)
City Council meetings are held the 2nd and 4th Mondays of each month unless
otherwise rescheduled. If you cannot attend a City Council meeting on your
scheduled date, please arrange to trade dates with another commissioner and
also contact Tom Ekstrand by phone at 651-249-2302 or by email at
tom.ekstrand@cLmaplewood.mn.us. You may also call the community
development department at 651-249-2300.
P:planning commission(pc} 2010 schedule for city council minutes