HomeMy WebLinkAbout2010-01-19 PC Packet
AGENDA
MAPLEWOOD PLANNING COMMISSION
Tuesday, January 19, 2010
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. January 5, 2010
5. Public Hearings
6. New Business
a. Zoning Control Updates Schedule (Map and Ordinance Revisions) as Follow-up to the 2030
Comprehensive Plan Update
b. 2009 Planning Commission Annual Report
6. Unfinished Business
a. Conditional Use Permit/Planned Unit Development Ordinance Amendment
7. Visitor Presentations
8. Commission Presentations
a. Commissioner Reports: There were no items for the planning commission at the January 11,
2010 City Council Meeting.
b. Upcoming City Council Meeting of January 25,2010: Commissioner Yarwood is scheduled to
attend. Anticipated items for review are 1) the adoption of the comprehensive plan update
and the Joan Vellieux home occupation request for a beauty salon at 2316 Hoyt Avenue.
9. Staff Presentations
a. Revised planning commission attendance schedule for 2010 city council meetings
b. January 6, 2010 Pioneer Press article on subdivision concept from Chairperson Fischer
c. January 8, 2010 Pioneer Press article on wind turbine approval from Chairperson Fischer
10. Adjournment
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
TUESDAY, JANUARY 5,2010
I. CALL TO ORDER
Chairperson Fischer called the meeting to order at 7:00 p.m.
II. ROLL CALL
Cornrnissioner Joseph Boeser
Vice-Chairperson Tushar Desai
Chairperson Lorraine Fischer
Comrnissioner Harland Hess
Comrnissioner Robert Martin
Comrnissioner Gary Pearson
Cornmissioner Dale Trippler
Commissioner Joe Walton
Commissioner Jeremy Yarwood
Absent
Present
Present
Absent
Present
Present
Present
Present (arrived at 7:02)
Present
City Staff Present:
Tom Ekstrand. City Planner
III. APPROVAL OF AGENDA
Commissioner Pearson moved to approve the agenda as amended, adding items 10. (b.) Discussion
of Upcoming January 19 Meeting and (c) Planning Commission Vacancies.
Commissioner Trippler seconded
The motion passed.
Ayes - all
IV. APPROVAL OF MINUTES
a. November 17, 2009
Commissioner Trippler moved approval of the amended minutes of November 17, 2009, removing
Planner Martin's name as present under Roll Call.
Commissioner Pearson seconded
Ayes - Fisher, Desai, Martin, Trippler, Walton
Abstentions - Pearson, Yarwood
The motion passed.
b. December 1, 2009
Commissioner Pearson moved approval of the minutes of December 1, 2009 as submitted.
Commissioner Trippler seconded.
The motion passed.
Ayes - all
Planning Commission
Minutes of 01-05-10
-2-
V. PUBLIC HEARING
a. Home Occupation Request for Hair Salon-Joan Vellieux, 2316 Hoyt Avenue
Planner Michael Martin presented the staff report regarding a request from Joan Vellieux for a home
occupation license to start and operate a hair salon in her home at 2316 Hoyt Avenue.
Commissioner Trippler suggested that a CO detector be required for all home occupation businesses.
Joan Vellieux, 2316 Hoyt Avenue, the applicant for this home occupation license addressed the
commission. It was noted that the construction for the hair salon would include combination smoke
and CO detector heads throughout the area and also, that there are two extra parking stalls off-street
next to the driveway for customers' use. The applicant said they are in agreement with the conditions
of the staff recommendation.
The public hearing was opened to the public. There were no comments from the public. The public
hearing was closed.
Commissioner Yarwood moved to recommend approval of the home occupation license for Joan
Vellieux of 2316 Hoyt Avenue to have a hair salon in her home. This approval shall be subject to the
following conditions:
1. Meeting all conditions of the city's home occupation ordinance. This includes that the area of the
home occupation is limited in size to 20 percent of the floor area of the house.
2. Customer hours for this home occupation are limited from 9 a.m. to 9 p.m., Monday through
Saturday.
3. There shall be no more than 25 customers visiting the home per week.
4. All customers or visitors to the business shall park on the driveway.
5. Provide a five-pound ABC dry chemical fire extinguisher in the room
Commissioner Pearson seconded
The motion passed.
Ayes - all
VI. NEW BUSINESS
None
VII. UNFINISHED BUSINESS
a. 2003 Comprehensive Plan Update-Final Review by Planning Commission Prior to Adoption
Planner Martin presented the staff report explaining that at the Metropolitan Council's December 9, 2009
meeting, the council voted to authorize Maplewood to officially adopt the draft plan. Planner Martin said
there is no action required by the commission tonight. Planner Martin said the plan is being brought
before the commission for a final review of the changes and to answer any questions. Planner Martin
reviewed the changes with the commission.
Planning Commission
Minutes of 01-05-10
-3-
b. Conditional Use Permit/Planned Unit Development Ordinance Amendment
Planner Tom Ekstrand presented the staff report and reviewed the revisions to the conditional use
permit/planned unit development ordinance. Planner Ekstrand explained that the ordinance is being
resubmitted to the commission for review and approval. The commission discussed the revisions and
made minor changes. Planner Ekstrand said the changes would be made and the ordinance would be
brought back for review at the commission's next meeting.
VIII. VISITOR PRESENTATIONS
None
IX. COMMISSION PRESENTATIONS
a. City Council Meeting of December 14, 2009: Planner Ekstrand reported on this meeting.
b. City Council Meeting of January 11,2010: No items are scheduled which would require planning
commission representation.
X. STAFF PRESENTATIONS
a. Annual Review of Planning Commission Rules of Procedure
Planner Ekstrand presented the staff report and reviewed with the commission minor changes to
the planning commission's rules of procedure.
Commissioner Trippler moved to approve the planning commission's rules of procedure with the
recommended changes concerning the replacement of the chair and vice chair in the event they
leave their post.
Commissioner Martin seconded
The motion passed.
Ayes - all
b. Discussion of Upcoming January 19 Meeting
Planner Ekstrand discussed a possible meeting time conflict on January 19 with the environmental
and natural resource commission meeting. The planning commission decided to meet at the usual
starting time of 7 p.m. on January 19.
c. Planning Commission Vacancies
Planner Ekstrand reported that Commissioners Walton and Hess are not seeking reappointment
to the planning commission and noted that applicant interviews will be forthcoming by the council.
XI. ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
MEMORANDUM
SUBJECT:
DATE:
James Antonen, City Manager
Tom Ekstrand, Senior Planner
Michael Martin, AICP, Planner
DuWayne Konewko, Community Development and Parks Director
Work Plan Outline for Comprehensive Plan Zoning Follow-up
January 12, 2010
TO:
FROM:
INTRODUCTION
On December 9, 2009, the Metropolitan Council granted final approval to Maplewood's
proposed 2030 Comprehensive Plan Update. The process now requires that the City of
Maplewood do the following:
. Bring the Plan Update one last time before the planning commission to review the
Metropolitan Council's revisions. This was done on January 5.
. Bring the Plan Update to the city council for their final review and adoption. Once this takes
place, the "Plan" is then officially approved. This is scheduled for January 25.
. Once the city council grants this final adoption of the Plan, the City of Maplewood will have
nine months by state statute to revise the zoning maps and zoning ordinance to be
consistent with the new Plan.
Zoning Map Revisions
The following zoning map revisions should be routine. The city council, in adopting the land use
plan update, has already determined that these zoning map changes shall be made to match
the comprehensive land use plan designations. Refer to the attached maps.
1. Rezone the Parkside Neighborhood to show Mixed-Use zoning in the triangular area
bounded by Highway 61, Larpenteur Avenue and Parkway Drive.
2. Rezone the Kohlman Lake Neighborhood from M1to R3 (multiple-dwelling residential) for
the land south of the Nygard property.
3. Rezone from M1 (light manufacturing) to a commercial classification for the areas fronting
on Highway 61 and Highway 36. These are areas the Plan Update reclassified from M1 to
C (commercial). Options are establishing a specific highway commercial zoning district or
rezone these areas to BC (business commercial) with some amended code language as
needed.
4. Rezone the two lots east of Menards in the Sherwood Glen Neighborhood from M1 to R1
(single dwelling residential).
5. Rezone the Sherwood Glen Neighborhood west of White Bear Avenue, across from the
MCC, from M1 to Mixed Use.
6. Rezone the Gladstone Neighborhood in the redevelopment area to Mixed Use.
7. Rezone the Carver Ridge Neighborhood to include the Mixed Use zoning on the Bailey
Property.
Zoning Ordinance Amendments
1. Amend the BC district requirements or create a "highway zoning district" for the M1 lots that
front along Highway 36 and Highway 61 to reflect the comprehensive plan change of these
areas from M1 to C.
2. Write Mixed-Use Ordinances as needed for the several new areas planned as Mixed Use in
the city. This may not be necessary upon review and verification that our current Mixed Use
Zoning ordinance adequately covers all Mixed Use development area needs.
3. Amend R-1 R district to be consistent with the 2030 Comprehensive Plan.
Tentative Schedule
Month
Action Needed
Map Chanqes
February
a. Rezone to Mixed Use-Highway 61 and Larpenteur Avenue
b. Rezone two lots east of Menards-M1 to R1
March
a. Rezone M1 to R3 south of Nygard on Highway 61, south of C
b. Rezone land across White Bear Avenue from MCC to Mixed Use
April
a. Rezone Gladstone Redevelopment area to Mixed Use
May
a. Rezone the Bailey Property to Mixed Use
Text Chanqes
June
a. Amend the R-1 R district to be consistent with 2030 Comprehensive Plan.
July
a. Amend the BC regulations or create a "Highway Zoning" ordinance
b. Rezone the properties fronting on Highways 36 & 61 from M1 to commercial
August
a. Write a Mixed Use ordinance language as may be needed.
The city council's review will follow the planning commission's review in the next two to four
weeks.
2
SUMMARY
Staff will use the above schedule for the necessary zoning map and zoning text amendments.
Assuming the council grants final adoption of the 2030 Comprehensive Plan Update on January
25, 2010, the city will have until October 25, 2010 to complete the above zoning-related
changes.
Procedure to Follow for Zoninq Map Revisions
. Planning commission holds a public hearing for each proposed zoning map change.
. City council reviews the planning commission's recommendation and approves the change.
Procedure to Follow for Zoninq Ordinance Amendment
. Planning commission reviews each proposed ordinance amendment.
. City council holds a public hearing and moves first reading.
. City council holds second reading and reviews the proposal again.
P:COMPPLANlzoning followup 9 month work plan 1 10 #2 te
Attachments:
Maps showing proposed areas of change
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Cl'IYOFJ}lAl'LEWOOD
2030
COMPRE'HENSIVE I'LAN
5 (N"'( L. s)
Maplewood Future
Land Use
1.5
- -
1........1 Rural! Low Density Residential (0.5 - 1.5 Units per Acre)
D Low Density Residential (2.6 - 6.0 Units per Acre)
Medium Density Residential (6.1-10.0 Units per Acre)
_ High Density Residential (10.1 - 25.0 Units per Acre)
_ Mixed Use (6.0 - 31.0 Units per Acre)
_ Commercial
Industrial
_ Government
_ Institutional
_Park
Open Space
Water
Neighborhoods
June 3,2009
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DRAFT
Neighborhood Future Land Use Maps
In consideration of Maplewood's unique shape Future Land Use maps have been provided at the neighborhood level.
A map of each of the City's 13 neighborhoods follows this page.
Neighborhoods
_ western Hills
_ Parkside
[=:] Kohlman Lake
_ Hazelwood
Map!ewood Heights
Sherwood Glen
Gladstone
_ HOOlside
_ Beaver Lake
_ Batlle Creek
\i1sta Hills
Highwood
_ Calver Ridge
N
A
Land Use Plan
Figure 5.4
Neighborhoods
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
James Antonen, City Manager
Lorraine Fischer-Maplewood Planning Commission Chairperson
2009 Planning Commission Annual Report
January 12, 2010
INTRODUCTION
The city code requires that the planning commission prepare an annual report to the city council.
Staff has attached the planning commission's 2009 Annual Report for review,
2009 ACTIVITIES
In 2009, the planning commission considered the following requests:
2009 2008 2007 2006 2005
changes to the comprehensive plan 1 2 3 4 5
changes to the zoning map 4 0 2 4 4
preliminary plats/lot divisions 1 3 3 7 7
code amendments 7 3 3 3 0
conditional use permits and revisions 12 ,10 11 14 19
vacations 0 4 2 11 8
variances/code waivers 0 1 6 2 12
miscellaneous 24 29 20 13 8
Total 49 52 50 58 63
The conditional use permit total includes items discussed more than once, For instance, the
planning commission discussed the community gardens, the T-Mobile cell phone tower and the
Bruentrup Farm CUP requests twice each, The "miscellaneous" total reflects the number of times
the planning commission discussed matters that are not covered by any other specific category,
COMPREHENSIVE PLAN CHANGES
PC Action
Council Action
Aldi's Tabled Application dropped
(North of 2832 White Bear Avenue)
Request for a land use plan change from R1 (single dwelling residential) to BCM (business
commercial modified),
ZONING MAP CHANGES
Rural Conservation District Approved Approved
(South Maplewood)
Request to rezone various properties south of Carver Avenue from F (farm residential) to R.1 R
(rural conservation district),
Jamie Jensen (developer) Denied Application dropped
(South of Carver Avenue)
Jamie Jensen, single-family home developer, requested approval to rezone his proposed
development property from R-1 R (rural conservation district) to R.1S (small lot single dwelling)
Aldi's Tabled Application dropped
(North of 2832 White Bear Avenue)
Request for a rezoning from LBC (limited business commercial) to BCM,(business commercial
modified)
Aldi's Tabled Application dropped
(East of 2832 White Bear Avenue)
Request for a rezoning from R1 (single dwelling) to BCM (business commercial modified)
PRELIMINARY PLATS/LOT DIVISIONS
There were no preliminary plat requests, however, the planning commission did consider one lot
division which was part of the Feed Products development proposal at 1300 McKnight Road,
PC Action
Council Action
Feed Products Office Building Lot Split Approved Approved
(1300 McKnight Road)
The owner of the Feed Products feed distribution facility was requesting approval to split off the site
for their future office building on the west side of McKnight Road,
2
CODE AMENDMENTS
PC Action
Council Action
1, Rural Conservation District Ord change
2, CUP and PUD Ordinance change
3, Sign Ordinance change
4, Election of Officers
Approved Approved
Approved Pending
Approved Pending
Matter dropped-The existing ordinance found
to be acceptable
CONDITIONAL USE PERMITS AND REVISIONS
PC Action
Council Action
Feed Products North CUP Approved Approved
(1300 McKnight Road)
This request was to build an office building within 350 fee,t of residential property,
Mountain of Fire Church CUP Approved
(2020 Rice Street)
This request was for a church in the old ABRAAuto Body building,
Application dropped
Maplewood Community Gardens CUP Tabled Application dropped
(County Road C and Hazelwood Street)
This request is for the use of property owned by First Evangelical Church as community garden plots
in conjunction with the City of Maplewood Parks and Recreation,
Waldorf School Expansion CUP Approved Approved
(70 County Road B)
This request was for a revision to the existing CUP to allow the expansion of the school building,
Xcel Energy Tanner's Lake Substation CUP Approved
(2500 Conway Avenue)
This request was to expand the electrical substation at 3M Center,
Approved
T-Mobile Cellular Telephone Tower CUP Approved Approved
(1961 County Road C)
This request was for a cellular telephone tower at the Harmony School site, The planning
commission reviewed this proposal during their initial review and granted approval upon
reconsideration,
Bruentrup Heritage Farm CUP Approved Approved
(2170 County Road D)
This request was for a revision of the Bruentrup Heritage Farm CUP to allow the leasing of the facility
for weddings, The planning commission tabled this request upon their first review and
recommended approval upon reconsideration,
3
Century Trails Senior Apartments PUD Approved Approved
(St. Paul's Monastery Property)
Common Bond Communities requested approval of a revision to the PUD for this development
because they were proposing room sizes with less area than required by ordinance,
T -Mobile Approved Approved
(2220 Edgerton Street)
This request was to approve a revision to the conditional use permit for a cell phone tower at Trinity
Baptist Church,
INSERVICES AND PRESENTATIONS
1, Sustainable Maplewood-presentation by Shann Finwall, Environmental Planner
2, Rural Conservation District Ordinance-preliminary discussion, Jennifer Haskamp, consultant
3, Open Meeting Law-Alan Kantrud, City Attorney
4, White Bear Avenue Improvements-Michael Thompson, City Engineer
5, Development Review Process Procedural Review-Staff presentation
6, Street Reconstruction Program Overview-Michael Thompson, City Engineer
7, Commissioner Handbook-Alan Kantrud, City Attorney
8, East Metro Regional Fire Training Facility-Chief Lukin and Ron Leaf, consultant
MISCELLANEOUS
1, Amendment to Rules of Procedure-special meeting requirements
2, Comprehensive Plan Update-Status report
3, 2008 Annual Report
4, 2009 Summer Tour-planning discussion
5, 2009 Summer Tour recap-discussion
6,2010-2014 Capita/Improvement P/an-ChuckAhl, Assistant City Manager/P,W, Director
7, PC Election of Chair and Vice Chair-annual election
8, PC member appointments/reappointments-discussion
9,2010 PC schedule-commissioner representation at city council meetings
10,Several minor topics of discussion i.e, meeting rescheduling or cancellations, PC membership
discussions, in-service topic planning discussions, etc,
2009 ATTENDANCE
Name
Appointed
Terms Expire (12-31)
Attendance-18 meetinCls
Lorraine Fischer
Joseph Boeser
Tushar Desai
Robert Martin
Gary Pearson
Jeremy Yarwood
Dale Trippler
Harland Hess
Joe Walton
1970
07-09-07
07-22-02
07-09-07
12-10-90
04-11-05
06-08-98
02-23-06
02-12-07
2010
2010
2010
2011
2011
2011
2009
2009
2009
17
11
13
18
15
13
18
13
09
4
2010 ACTIVITIES
A large focus for the planning commission in 2010 will be the establishment of zoning controls in
conjunction with the changes in the 2030 Comprehensive Land Use Plan Update, This will result in
several zoning map changes to coincide with land use map revisions as well as necessary zoning
ordinance changes, In addition to these zoning amendments, the planning commission lists these
potential activities for 2010:
1, Have an annual tour of development and other sites of interest.
2, Have in-service training sessions or provide educational materials for the planning commission,
Training topics might include sessions about in-fill development, wetlands and sustainable/green
development. Request that city staff update the planning commission about possible upcoming
training opportunities on a quarterly basis,
3, Review the Cellular Telephone Tower ordinance for possible changes,
4, Study the unit size and parking needs for senior housing and possibly propose code amendments
or city policies for council consideration,
RECOMMENDATION
Approval of the planning commission 2009 annual report,
p:\planning commission pc\pc Annual Reports\pc 2009 ann report
5
MEMORANDUM
TO:
FROM:
DATE:
James Antonen, City Manager
Tom Ekstrand, Senior Planner
DuWayne Konewko, Community Development and Parks Director
Conditional Use Permit/Planned Unit Development Ordinance
Revision
January 12, 2010
SUBJECT:
INTRODUCTION
On January 5, 2010, the planning commission reviewed revisions to the conditional use
permit/planned unit development (CUP/PUD) ordinance, Staff has made the changes
recommended by the planning commission and is resubmitting them for their review and
approval. Staff is anticipating forwarding this ordinance amendment to the city council
for first reading on February 8, 2010,
BACKGROUND
In the 2008 annual report, the planning commission set several goals for 2009, One was
to "review the CUP/PUD ordinance for possible changes,"
DISCUSSION
On January 5, 2010, the planning commission directed staff to make the following
revisions:
1, Section 44-1093 (b): this clause was revised to state that deviations to the city
ordinance may be considered "based on" the following factors, Previously, the
wording suggested by staff said, "consideration" shall be given to the following
factors,
2, Section 44-1096 (a) replaces the word committees with commissions,
3, Section 44-1097(a) states that a CUP may be approved or amended "based on
conforminq with" specific standards or findings, Previously, the suggested wording
by staff said, "in consideration of' these standards,
4, Section 44-1097(a)(5) was revised to state, "the use would not negatively impact the
traffic on any street based on the design of those affected streets,"
If the planning commission is in agreement with the changes made to the CUP/PUD
ordinance, staff will forward it to the city council for their consideration,
RECOMMENDATION
Approve the proposed revisions to the conditional use permit/planned unit development
ordinance,
p:\ planning commission\PUD Ordinance Rewrite PC changes 1 10 te
Attachments:
1, Conditional Use Permit/Planned Unit Development and Definitions Ordinance Amendment
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 of the 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,
The 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 in ffem-which they are not permitted <;lnd not specifically prohibited:
(1) Public and private utilities illiIity, 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, other than a commercial or industrial 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 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 flexibility from strict code compliance in
the internal and external desiqn requirements of a proposed PUD and may
consider deviations from those requirements based on the followinq factors: lHs
the intention of this section and the 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 planned unit developments provided
lI1at
+. Whether the proposed development and the surroundinq neiqhborhood can
be better served by relaxinq the code requirements that requlate the physical
development or lavout of the project because of its unique nature, Certain
regulations contained in this chapter should not apply to the proposed
development because of its unique nature,
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 not 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
practicaBle physical development of the project and are not required solely for
financial 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:
1, Except for 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) 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, 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)
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, afl€I community design review board and
any other commission as appropriate, for a recommendation to the city council.
The city council planning commission and community design review board shall
take action on the application within 60 days of thoir rospocti'/o hearing datos,
unless an extension is approved in accordance with state statute, writing by tho
applicant. The staff report and the planning commission's and community design
review board's recommendations by all applicable advisory boards or
commissions shall then be forwarded to the city council.
(b) The planninq commission city council shall hold at least one public hearing on
each application for a conditional use permit. This hearing shall not be held until
tile The city council shall take final action after considerinq the has rocei'/ed
writton recommendations or reports from the city staff, planning commission, afl€I
community design review board and other applicable commissions, or until eO
days ha'.'e elapsed from tho respecti'.'o 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
Ga1.ISe a notice to be mailed to each of the owners of property within 500 ~ feet
of the boundary lines of the property upon which such use has been requested,
whioh notices arc to be mail9d to the Im,t known addr9ss of suoh owners at least
ten days before the date of the hearing, Suoh 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 baok to the planning oommission 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 onoe for each application,
(d) The city oounoil 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 distriot
court, (Code 1982, ss 36-441)
Sec. 44-1097. Standards.
(a) A conditional use permit may be approved, or amended or denied based on
conforminq with 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 chaptor:
(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 not neqatively impact the traffic on any street based on the
desiqn of those affected streets, generat9 only minimal vehicular traffic on
looal streots and would not create traffio oongestion or unsafe aooess 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 oreate 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 not 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, S 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,
(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, S 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, S 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 6f
ordinanco, 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, S 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 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 aw 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.
(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 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 any
expansion or chanqe in intensity, 1\11 usez exizting on the effecti'Jo dote of the
ordinance from which thiz article derives zhall be conzidered az having 0
conditional uze permit which containz conditionz that permit the land uze and
structures os they existed en such date, I\ny enlar€lement, structural alteration, or
intenzification of uso zhall require an amended conditional uze permit os
provided for in thiz zubzection,
(Code 1982, ~ 36-448)
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, S 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 Mt include the legal
description of the property, Failure to file does not affect the validity or enforceability of
the permit.
(Code 1982, S 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
framinq of a buildinq, whether by extending on any side or by increasing in height
lenqth, width or chanqes caused by eF 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 su'ch as an apartment with commercial
shops, or similar projects, Residential PUDs must have at least five dwelling units or
dwelling sites, The PUD application, timinq and recordinq 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
2010 PLANNING COMMISSION SCHEDULE
FOR CITY COUNCIL MEETINGS
Lorraine Fischer 02-08-10
651-777-5037 (h)
651-215-2259 (w) tue & thur
05-24-10
09-13-10
12-27-10
Robert Martin Jr
651-578-9467 (h)
02-22-10
06-14-10
09-27-10
Joe Boeser
651-770-1590 (h)
651-428-0219 (c)
03-08-10
06-28-10
10-11-10
Garv Pearson
651-777-9197 (h)
651-777-3981 (w)
612-220-5895 (cell)
03-22-10
07-12-10
10-25-10
Dale Trippler
651-490-1485 (h)
04-12-10
07-26-10
11-08-10
Tushar Desai
651-484-2132 (h)
04-26-10
08-09-10
01-11-10
11-22-10
Jeremv Yarwood
651-735-1501 (h)
651-737-1033 (w)
05-10-10
08-23-10
01-25-10
12-13-10
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\2010 schedule for city council minutes #2 (without Harland & Joe)
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~I:
Doxes OI ammumnon ill' a
. portable classraom at the
schaal Thursday marning,
accarding to a statement from
the principal
Rob Andersan, head .of the
2;8oo-student schaa~ said in an
autamated phane message ta
parents that a janitor faund
"some boxes of annilUnition"
in a traSh can in a temparary
classraam building befare
schaal started.
''By the time we learned .of
senool.
Students were - sent home
abaut 12:30p,m.
The principal stressed, "Na
weapans were faund and na
tlJreats were made against the
schaal .or anyane in the
school"
A 15-year-old male student
was identified in cannectian
with the ammunitian, Blaine
palice said, and has been con-
tacted by law enfarcement.
The boy lives in Caan Rapids,
POIlcy," Anl!erson sail! in his
phone message, "and the stu-
dent will be disciplined appra-
priately."
The incident led to the can-
cellatian .of all an~campus
activities Thursday night.
Classes were scheduled ta
resume taday, Parents wha
have mare questians can call
Andersan at 763-506-6500,
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F;- O}J e.e..::r .pye.s.5 . 1
City signals a change in the windj
I
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!
Cottage Grove
. Jah" Brewer can be reached at
651-228-2093.
Turbine approved for residential use, despite opposition
By Bob Shaw
bshaw@p;oneerpress.cam
Cattage Grove has approved
what is believed ta be the
. metra area's largest residen-
tial wind turhine,
The 113-foat-tall turbine will
be built by Jahn KaaYman,
6749 Geneva Ave, S" in the
narthwest part .of the city.
Kaayman plans ta camplete
the 10-kilawatt turbine and
tawer late next summer,
The unanimaus city council
vate Wed1Iesday marks a step
farward in papular acceptance
.of wind tawers - and pasi-
tians Cattage Grove as a leader
in green technalagy,
At the cauncil meeting,
neighbar Jahn Bailey said the
tawer wauld hurt'the value .of
his land in the future, if devel-
apers want to build hames an
it. .
. But Kaayman and his sup-
parters, alsa at the meeting,
said the benefits. .of wind-gen-
erated pawer .outweigh the
drawbacks, In time, they said,
the tawers will be widely
accepted in residential neigh-
barhaads - as cell phane
towers are cammauly accept-
ed taday,
Other wind towers are being
erected in several cities in the
metra area, but Ryan Schraed-
er, Cottage Grove city manag-
er, !mows .of na ather residen-
tial tawers as tall as this .one
will be,
"We are laaking farward ta
studying this," Schraeder said,
The turbine will be gaad far
the city's image, Kaayman
said. "Cattage Grove daes nat
want to mimic ather cities,"
The turbines have been a
taugh sell elsewhere, Waad-
bUry, far example, appraved
graundbreaking rules permit-
ting wind tawers and salar
panels far hausehald use, But
in the Jaceaf camplaints fram
neighbars, .officials backed
away fram approving wind
tawers at the new East Ridge
High Schaal and in residential
areas.
"Cattage Grove daes believe .
we are in the farefrant .of envi-
ranmental issues," Schraeder
said. He cited the city's Natural
. Resaurces Inventary, which
was started abaut 10 years aga,
and the Environmental Task
Farce faunded by the city last
summer.
Schraeder said the turbine
met all city rules except ane-
the naise limitatians, ''It
depends an haw yau measure
it," he said.
The turbine's average naise
level wauld be abaut 13 deci-
bels, which camplies with city I
rules, But at a wind speed .of I
abaut 27 mpb, the maximum I
turbine naise wauld reach . J
52 decibels - 2 aver the lega! I
limit. That naise level is cam- I
parable ta that .of a running J
refrigerator .or air canditianer, !
Kaayman said that naise J
level wauld be reached 2 per-
cent .of the time, and he
wauld be willing ta consider
turning the turbine .off at
thase times,
The turbine will be .ordered
fram ReDrive1l-net, a Canadi~
an campany. The campany
Web site says the 10-kilowatt
turbine casts mare than
$20,000, nat including the
tower,
Koayman said it will gener-
ate twice as much electricity
as he needs far his hame, and
he is laaking farward ta selling
the extra pawer to Xcel Ener-
gy,
and .one of her neighbars,
He broke inta the apart-
ment, in the 1800 black afWa!-
nut Street, and canfranted
twa men wha lived there, .
Barnett faught with Tadd
Bernard, 46, kicked him and
hit him with a brick. Bernard
died three weeks later,
Barnett, 41, appeared in
Ramsey Caunty District
Caurt an Thursday ta plead
guilty to secand-degree mur-
der in the case,
"Vau're the mather(exple-
tive) that have been messing
with my mama," Barnett said
CONTINUED FROM III
> Legacy
funding
vaters in 2008 and toak effect
in July, The rest .of that maney
wauld gata clean water, parks
and arts prajects,
The Legislature still must
sign .off an the cauncil recam-
mendatians, and the cauncil
still must approve' accam-
plisbment plans far' each .of
them.
Still, the cauncil vated 10-0
far the prajects, with .one
member, state' Rep, Rick
Hansen, DFL-Sauth St. Paul,
abstaining, He said there are
still taa many unanswered
questians,
''I think the projects this
year are. much better than
they were last year," said
Hansen, wha voted against
when he
ment, aCI
camplair
ment re~
fied to ca
Still in
Bernard
san B~
trauble 1
ted in cal
''Yau f,
essential
person?"
Vlieger a
the heart
"Yes,"E
the caUll'
then. "Bl
have daTI
them yet.
MikeK
chainnar
concerns
befare i!J
actian pi;
later this
The tw
tures war
in Min
Reserve]
pragram
Unlimitec
Departml
Resaurce,
program,
era! mall!
land weU
millia1l- T
restore s:
$6,5millic
Slightly
Iian wau
land easel
habitat i
Abaut $:
West St. Paul
__~,_"w,,~~~=,~."~_~_e_'~_~'_~_^.==.~"__"...~=,"___,=~_"'e_Y_._'"--"._'^-~_._____^._._."^.~.._.'M~.M~"__"_'"_._~.^"^-."___M""~___"~==R='._~__R______~__~_^~_~=
Ice arena' on 'last legs,' city says
Officials ponder $15 million in upgrades vs. new facility
By Nick Ferraro
nferraro@p;aneerpress.com
West St, Paul .officials are
tlah"'nnrr uih",f f" A" ~n.H.. 4-...."
Assaciatian.
''The arena really is an its
last legs," Remkus said. ''We
dan't want ta be in the situa-
~...._ n.1-.....__ ____"-1-.:__ "'_:1~
"I think we're at the decisian
paint where we need ta ask,
'What are we gaing ta da? How
are we gaing ta mave far-
~~_.I<)'"
The-OrlfJUu1-b @
SUNHEAT ~