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Home My WebLink About2010-02-02 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, February 2, 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 19, 2010 5. Public Hearings a. 7:00 pm: Rezoning of Land Bounded by Highway 61, Larpenteur Avenue and Parkway Drive from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use) b. 7: 15 pm: Rezoning of Land Located at 2255 Duluth Street and the Abutting Property to the north from M1 (light manufacturing) to R1 (single dwelling residential) 6. New Business 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. Commissioner Reports: Commissioner Yarwood was scheduled to attend the January 25, 2010 city council meeting. Items discussed were the sign ordinance amendment and 2030 Comprehensive Plan Update. b. Upcoming City Council Meeting of February 8,2010: Commissioner Fischer is scheduled to attend. Anticipated items for review are the Joan Vellieux home occupation request for a beauty salon at 2316 Hoyt Avenue and the planning commission annual report. 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 19, 2010 I. CALL TO ORDER Chairperson Fischer called the rneeting to order at 7:02 p.rn. II. ROLL CALL Cornrnissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Cornrnissioner Harland Hess Cornrnissioner Robert Martin Cornrnissioner Gary Pearson Cornrnissioner Dale Trippler Cornrnissioner Joe Walton Corn missioner Jererny Yarwood Present Present Present Present Absent Present Present Present Present City Staff Present: Torn Ekstrand. City Planner III. APPROVAL OF AGENDA Cornrnissioner Hess rnoved to approve the agenda as subrnitted. Cornrnissioner Pearson seconded Ayes - all The rnotion passed. IV. APPROVAL OF MINUTES a. January 5,2010 Cornrnissioner Trippler rnoved approval of the rninutes of January 5, 2010 as subrnilted. Corn missioner Desai seconded Ayes - Desai, Fischer, Pearson, Trippler, Walton, Yarwood Abstentions - Boeser, Hess The rnotion passed. V. PUBLIC HEARING None VI. NEW BUSINESS a. Zoning Control Updates Schedule (Map and Ordinance Revisions) as Follow-up to the 2030 Cornprehensive Plan Update Planner Tom Ekstrand presented the staff report explaining that the cornprehensive plan update is corning before the planning cornrnission for final review of the Metropolitan Council's revisions. Mr. Ekstrand said the plan update will then go to the city council for final review and adoption. Planner Ekstrand noted that once the council adopts the plan, the city will have nine rnonths by state statute to revise the zoning rnaps and ordinance to be consistent with the new plan. Planner Ekstrand reviewed the proposed zoning rnap revisions and zoning ordinance arnendrnents. Planning Commission Minutes of 01-19-10 -2- Cornrnissioners suggested the following changes: . Move the June arnendrnent of R 1 R district to February, since there is no proposal before the city at this tirne for this property. Staff said he will rnove this to February for consideration. . Allow the cornrnissioners access through the GIS systern to look at land use rnaps. Planner Ekstrand said he will check with the city I.T. staff to see if this would be possible. . Review and rnake corrections to any other zoning questions or inaccuracies. b. 2009 Planning Cornmission Annual Report Planner Ekstrand presented the staff report for the planning cornrnission's 2009 annual report and answered questions frorn cornrnissioners. Cornrnissioner Pearson -rnoved approval of the planning cornrnission's 2009 annual report with the inclusion of wind turbines and alternative energy sources under in-service training sessions for 2010 Activities. Cornrnissioner Trippler seconded The rnotion passed. Ayes - all VII. UNFINISHED BUSINESS a. Conditional Use PerrnitlPlanned Unit Development Ordinance Amendment Planner Ekstrand presented the staff report explaining that the commission at the January 5, 2010 meeting requested that staff make revisions to this ordinance amendment. Planner Ekstrand reviewed each change made to the ordinance and asked the commissioners for their comments. The commission discussed either revising the language in item (b) of Sec. 44-1097 Standards, or removing item (b) entirely. Commissioner Desai moved to remove item (b) of Sec. 44-1097 Standards. Commissioner Hess seconded A friendly amendment was made by Commissioner Walton to add "change item (c) to (b)". The friendly amendment was accepted by Commissioners Desai and Hess. The commission voted: The motion passed. Ayes - all Commissioner Trippler moved to approve the proposed revisions to the conditional use permitlplanned unit development ordinance. A friendly amendment was offered by Commissioner Pearson to include in the motion the addition of the word "current" before "design of those. . ." in Sec. 44-1097 Standards, (a) (5). Commissioner Trippler accepted the friendly amendment to his motion. Commissioner Yarwood seconded The motion passed. Ayes - all Planning Commission Minutes of 01-19-10 -3- VIII. VISITOR PRESENTATIONS Mayor Will Rossbach addressed the commission thanking them for their service to the city. IX. COMMISSION PRESENTATIONS a. City Council Meeting of January 11,2010: No items for the planning commission. b. City Council Meeting of January 25,2010: Commissioner Yarwood will attend. X. STAFF PRESENTATIONS Planner Ekstrand said the following articles were included in commissioners' packets: a. Revised planning commission attendance schedule for 201 0 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. XI. ADJOURNMENT The meeting was adjourned at 8:25 p.m. MEMORANDUM DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Rezoning from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use) January 26, 2010 TO: FROM: SUBJECT: INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city's comprehensive land use plan required of all metro area cities every ten years. By approving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise our zoning maps and zoning ordinance controls to be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoning map and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal One such rezoning is for the area bounded by Larpenteur Avenue, Parkway Drive and Highway 61. This area is currently a mix of residential and business properties that are zoned both R1 (single dwelling residential) and BC (business commercial). The newly approved land use classification for this area is MU (mixed use). Refer to the maps. Much like its current mix of zoning, MU would allow for a blend of residential and commercial land uses. Request Approve a rezoning for the above-described area to MU. BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 Comprehensive Plan. On January 25,2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning controls within nine months of their adopting their revised comprehensive land use plan. As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Mixed Use? The reason for this mixed-use classification in the 2030 Comprehensive Plan is to retain a mix of residential and commercial land uses, but in a planned, uniform fashion. This area fronts on a bu_sy highway as well as two heavily travelled roadways serving a mix of single-dwelling, multi-family and business properties. A reclassification to mixed use provides the framework for redevelopment with a mixture of land uses that are mutually compatible and in character with the surrounding neighborhood. Grandfathered Uses Several residents have asked what would happen to their properties when this rezoning takes place. All existing homes and businesses could remain as they are and this rezoning would not affect their use of their properties. The existing uses would become "grandfathered" in, or in the term of the zoning ordinance, would become "legal nonconforming uses." Legal nonconforming uses may remain in place until the property owners propose a change to something else. At that time, they would need to comply with the requirements of the zoning ordinance. Single dwellings are an exception, however. The Mixed Use Ordinance allows the expansion of single dwellings in Mixed Use districts. It states, "Any pre-existing conforming or nonconforming single or double-dwelling residential use or structure which would become nonconforming by adoption of the mixed-use zoning district may be expanded, extended or intensified so long as such expansion, extension or intensification would be permitted under the single-dwelling residential district, R-1, or double-dwelling residential district, R-2 and/or the mixed-use zoning district." Therefore, by this provision, a homeowner could add onto their garage, add onto their home, or build another outbuilding, as examples, without any zoning-related issues coming into play. Property Tax Impact Several residents have asked what would happen to their property taxes if their zoning changed to mixed use. Staff asked the Ramsey County Tax Assessor's office this question and received the following answer: "Zoning has no affect on the property tax. Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market Conclusion State statute requires that the city revise the zoning map to mixed use to match the newly adopted mixed-use land use classification. Therefore, staff is recommending the planning commission and city council revise the zoning map accordingly. RECOMMENDATION Approve the rezoning of the property bounded by Larpenteur Avenue, Parkway Drive and Highway 61 from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. '-I ! REFERENCE ~;' ", :! I i SITE DESCRIPTION Site Size: 4.75 acres Existing Uses: Seven single dwellings and one business (Bacchus Homes) 1 .1 ;1 SURROUNDING LAND USES North: The intersection of Parkway Drive and Highway 61. There are single dwellings and town homes to the north/northwest South: Larpenteur Avenue and Gustavus Adolphus Lutheran Church East: Highway 61 and Round Lake in Phalen Park West: Parkway Drive, single dwellings, town homes and a business office PLANNING Land Use Plan Designation: MU (mixed use) Zoning: R1 and BC-existing; MU-proposed p:Compplanlzoning follow-up to 2030 Plan\rezoning to mixed use Larpenteur and Highway 61 110 te Attachments: 1. Land Use Map 2. Zoning Map c.. m ~ a;- ~ ~ <.) Q) 0) <{ ~ a;- <.) ~ <{ ~ w Q) ~ ~ <.) Q) <{ c. ~ Q) ::> ({J <.) c. ~ :!::: <{ ~ Q) c ~ c. "'C =:l Q) c ({J c. =:l :!::: l{) C c: ({J q =:l ~ :!::: C 0 ~ m q Q) l{) =:l ~ l{) ~ . <.) ....J 00 N <{ :::-tci ~ ~ ltl , to ~ Q) .;::; ~ C. to 0 c ltl ~ ({J Q) ~ :;::: ~ :!::: :Q Iii c c ({J Q) ltl =:l Q) :;::: -0 :;::: 0:: c 'w c 0 Q) >-~ Q) :Q ~ ~ .- 0:: ({J ("') ({J ({J >- Q) C Q) :!::: 0:: 0 Q) 0:: ({J 0 .2:' c >- ~ - Q) 0) ;;: Q) :!::: ltl C Iii <.) ({J 0 ({J Q) '0 Q) ltl 0 c c ({J ~ Iii E c c. 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ZONING MAP MEMORANDUM SUBJECT: James Antonen, City Manager Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Rezoning from M1 (light manufacturing) to R1 (single dwelling residential) 2255 Duluth Street and the lot north of 2255 Duluth Street January 27,2010 TO: FROM: LOCATION: DATE: INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan, This is the update of the city's comprehensive land use plan requir~d of all metro area cities every ten years, By approving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise our zoning maps and zoning ordinance controls to be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25,2010) to make all necessary zoning map and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan, Proposal One such rezoning would be for the two lots east of Menards that front on Duluth Street. The southerly lot, 2255 Duluth Street, is developed with a residential home and outbuildings. The other parcel next door to the north is developed with a parking lot as part of the Countryside VW/Saab dealership. 80th lots are zoned M1 (light manufacturing). The newly adopted land use plan classifies these two parcels as low density residential, a classification compatible with single-dwelling development. State law requires that the city council change the zoning to R1 to match the low density residential land use plan designation. Refer to the maps. Request Rezone 2255 Duluth Street from M1 to R1. BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 Comprehensive Plan. On January 25,2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning controls within nine months of their adopting their revised comprehensive land use plan. As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances, Why the Proposed Revision to Residential? During the planning commission's review of the land use plan amendments on August 19,2008, Mr. Gordon Anderson, the owner of 2255 Duluth Street requested that his property be re-guided to residential since that is how his lot is developed. He objected to the current M1 land use classification and zoning. The planning commission agreed with Mr. Anderson, but also included the abutting parcel to the north to be re-guided to residential as well. The council accepted these changes and adopted the 2030 Comprehensive Plan with that change. Appropriateness of Zoning and Residential Land Use Classifications It is appropriate for 2255 Duluth to be rezoned to R 1 based on its existing use <IS residential property. The Countryside VW/Saab parcel to the north, however, is developed with a commercial parking lot and is surrounded on three sides by commercial development. This makes it unsuitable for rezoning to residential. Jojn Schmelz, owner of Countryside VW/Saab, objects to the re-guiding and rezoning of his property to residential. His property has been zoned for his business and used accordingly for many years and he would prefer it stay that way. Staff agrees and will be bringing forward Mr. Schmelz's request to re-guide his parcel back to a commercial classification, Property Tax Impact Staff asked the Ramsey County Tax Assessor's office what would happen to property taxes if the zoning changes. The assessor's office replied: "Zoning has no affect on the property tax, Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value, is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changes will not affect taxes." Conclusion State statute requires that the city revise the zoning map to R1 to match the newly adopted low density residential land use classification. Staff is making this recommendation for 2255 Duluth Street. As stated above, however, the Countryside VW/Saab parking lot to the north should not be rezoned at this time. The city will be rezoning the highway frontage properties from M1 to a commercial classification to 2 match the 2030 Comprehensive Plan in the upcoming months. Staff suggests waiting for that process to consider the appropriate zoning for Mr, Schmelz's property. In the mean time, staff will be initiating a land use plan amendment to change the Countryside VW/Saab lot back from low density residential to a commercial classification. RECOMMENDATION Approve the rezoning of 2255 Duluth Street from M1 (light manufacturing) to R1 (single dwelling residential). This rezoning is based on Minnesota Statute 473.865 subdivision 3, req uiring the city to bring the zoning of this property into conformance with the newly adopted comprehensive land use plan classification. 3 REFERENCE SITE DESCRIPTION Site Size: 1.62 acres (,73 acres-southerly lot, .89 acres-northerly lot) Existing Uses: A single dwelling on the southerly lot and a parking lot on the northerly SURROUNDING LAND USES North: Countryside Volkswagen/Saab and a small strip of land owned by Menards South: Single dwellings East: Duluth Street and single dwellings and apartments. West: Menards PLANNING Land Use Plan Designation: R1 Zoning: M1-existing; R1-proposed p:Compplanlzoning follow-up to 2030 Plan\rezoning to R1 East of Menards 1 10 te Attachments: 1 . Land Use Map 2. Zoning Map 3. Arial Photo 4 ~~ ~ ?'W Il< ~f!'A~ ~ Q.J~ ~~ ~ s 0 \j u c.. m ~ 0) w ::> "'C c: m ....J c: 0) -- (!) "'C o o ~ 0) ..c: (IJ a;- ~ ~ Q) <.) ~ ~ <{ <.) Q) l- <(0 <D Q) l- __ a.i-a>........ CIJ u a. 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