Loading...
HomeMy WebLinkAbout2010-06-01 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, June 1, 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. May4,2010 5. Public Hearings 6. New Business a. Highway 36 and Highway 61 Properties Zoning Discussion 7. Unfinished Business a. Rezoning of the Undeveloped Mogren Property southwest of White Bear Avenue and County Road C from F (farm residential) to BC (business commercial). 8. Visitor Presentations 9. Commission Presentations a. Commissioner Report: There were no items on the May 24,2010 city council meeting for the planning commission. Commissioner Nuss was scheduled to attend. b. Upcoming City Council Meeting of June 14, 2010: Commissioner Bierbaum is scheduled to attend. The anticipated items for review are: 1.) the rezoning of the Mogren Property southwest of White Bear Avenue and County Road C from F to BC, 2.) the rezoning of the vacant property south of Lower Afton Road and west of the fire station from F to R3, 3.) Reconsideration of the rezoning of the property south of Carver Avenue from R1 to R1 R. 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 04, 2010 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner AI Bierbaum Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Robert Martin Commissioner Tanya Nuss Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Jeremy Yarwood Present Present Present Present Present Present Absent Present Absent City Staff Present: Tom Ekstrand, City Planner The commission expressed sympathy to the family of Sergeant Joe Bergeron and observed a moment of silence in his memory. III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda as submitted. Commissioner Desai seconded The motion passed. IV. APPROVAL OF MINUTES a. March 16,2010 Ayes - all Commissioner Trippler moved to approve the minutes of March 16, 2010 as submitted. Commissioner Desai seconded The motion passed. b. April 6, 2010 Ayes - Bierbaum, Desai, Fischer, Martin, Nuss, Trippler Abstention - Boeser Commissioner Trippler moved to approve the minutes of April 6, 2010 as submitted. Commissioner Boeser seconded The motion passed. Ayes - all Planning Commission Minutes of 05-04-1 0 -2- V. PUBLIC HEARING None VI. NEW BUSINESS a. Cell Phone Tower Ordinance Discussion Planner Ekstrand presented the staff report explaining that the evaluation of the cell phone tower ordinance is one of the commission's 2010 goals. Planner Ekstrand said staff will bring this matter before the commission in late summer, but at this time he is requesting direction from the commission regarding whether the city should hire a consultant to address mapping the city for possible future tower locations. Commissioners noted that technology development is increasing efficiency and has created smaller and smaller pieces and that eventually towers should also have smaller components. Commissioners agreed that since the number of requests for tower installations has decreased while the number of requests for collocations has increased, they felt the ordinance is working. The commission suggested a review of the ordinance to add a condition requiring that if a tower is no longer needed, that the tower be completely removed by the owner. Planner Ekstrand noted that although the planning staff was not notified of any tower removals, the building inspection staff would have been notified and required complete removal and site restoration. Commissioner Trippler moved to direct staff to review the tower ordinance and submit revisions to the planning commission. Commissioner Boeser seconded The motion passed. Ayes - all b. 2010 Tour Route Planning Planner Ekstrand presented the staff report explaining suggested tour visits and asked the commission for additional direction and ideas. Commissioner Trippler suggested a walking tour of one area with a snack along the way. Commissioners responded that a walking tour would not be feasible for some commissioners and also, an alternative would then be needed in case of inclement weather. Commissioner Boeser suggested limiting the bus tour to a part of the city and noted that he feels the trails and paths suggestion would be interesting. Mr. Boeser also favored visiting the Spoon Lake basin and suggested the natural drainage system across from Costco. Planner Ekstrand responded that naturalist Ginny Gaynor has presentation materials on the drainage system beneath the Costco parking lot and of the area across the street and he felt it would be very educational and worthwhile for the commissioners to see. Planning Commission Minutes of 05-04-1 0 -3- A possible tour site of the Gladstone area was also suggested. It was agreed that if the tour is limited to a smaller area of the city, the Legacy Village site, the White Bear Avenue improvements and the Costco drainage sites would be useful. Staff said he would get together a draft of the tour for the commission's review. VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. April 26, 2010 City Council Meeting: Planner Ekstrand reported on this meeting. b. Upcoming City Council Meeting of May 10, 2010: Commissioner Yarwood is scheduled to attend; Commissioner Nuss is the alternate representative. X. STAFF PRESENTATIONS-IN-SERVICE TRAINING a. Dropping Designated Public Hearing Times-Discussion Commissioners suggested either setting no public hearing times or setting a time for the first public hearing with any additional hearing to set to follow the completion of the previous hearing. After further discussion with staff, the commission decided that this is the first time they recall a problem with a hearing time, that it is important for applicants to have a scheduled time for each hearing item and therefore, decided to continue with scheduling a time for each public hearing. b. Side by Side Land Use Plan/Zoning Maps-Discussion Planner Ekstrand said that city staff has requested that the zoning changes be completed before the side by side land use plan/zoning maps are done. The commission made map suggestions and agreed to complete the zoning changes first. Planner Ekstrand said he would get a copy of each of the 13 neighborhood maps to the two new commissioners. XI. ADJOURNMENT The meeting was adjourned at 8:13 p.m. MEMORANDUM SUBJECT: DATE: James Antonen, City Manager Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Highway 36 and Highway 61 Properties Zoning Discussion May 25,2010 TO: FROM: 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 map 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. 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 adopting the 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. 2030 Comprehensive Plan The 2030 Comprehensive Plan guides the non-residential properties along the 36 and 61 highway corridors as Commercial (C). Previously, the comprehensive plan had guided theses areas as light manufacturing. The intent behind the designation change was to match the comprehensive plan with current development and likely development of the corridors. It was also a recognition that the corridors did not fit under an Industrial (I) future land use category, which would have been the other option afforded with the current comprehensive plan. On the next page is the definition of Commercial from the 2030 Comprehensive Plan. Commercial The Commercial classification includes a wide variety of commercial land uses. The City may allow high-intensity uses in this area, subject to performance guidelines. This classification could also provide areas for offices and related uses together with supportive, low-intensity commercial uses, such as clinics, child care facilities, and smaller retail uses that cater to convenience shopping. This land use classification will also work to provide for a transition between high-intensity commercial uses and medium and high-density residential districts. Light industrial uses which accommodate manufacturing, processing, warehousing, and research and development are also allowed. Zoning Code The current zoning for all non-residential properties along the 36 and 61 highway corridors is Light Manufacturing (M1). The first listed permitted use under this zoning district is all "permitted uses in a Business Commercial (BC) district." Conditional uses within the M1 district also include all conditional uses allowed in the BC district. Attached to this report are the zoning code texts of these two districts. Conclusion Staff affirms the current zoning of M1, which incorporates the BC district, meets the intention of the Commercial land use guide from the 2030 Comprehensive Plan. The Commercial designation allows for a broad range of commercial uses and "light industrial uses". The M 1 and BC zoning districts work in tandem to provide for a wide range of uses and flexibility, which helps support and guide the non-residential areas along highways 36 and 61. Given these facts, the city does not need to rezone any of the non-residential properties along the 36 and 61 highway corridors to satisfy Section 473.865 subdivision 3 of the Minnesota State Statutes. The 2030 Comprehensive Plan and zoning code are already compatible and consistent with each other. However, this does not preclude the city from discussing and considering amendments to the zoning code or creating a highway- type zoning district in the future. Staff would recommend that this type of work or discussion occur after all the state statute required zoning changes take place to ensure the 2030 Comprehensive Plan is consistent with zoning in the rest of the city. If directed, staff will bring this issue back to the planning commission later in the year after all the required 2030 Comprehensive Plan follow up work is complete. RECOMMENDATION Start to consider potential amendments to the zoning code or the creation of a highway- specific commercial zoning district, which could be brought back to the planning commission later in the year. p:Compplan\zoning follow-up to 2030 Plan\36_61_HighwayCorridors_ PC_060110 Attachments: 1. Land Use Map 2. M1 Zoning District 3. BC Zoning District 2 Attachment 1 b~ ~~(ij i~fyj i .;~'-:~ 'II' - ~ I i~~:fI\' . am Nl;]l'lia :::j:=f1 R::i ,,,,~ 'l'II'~ g~ /1 -J1-~j-7<:("Q5~-'~&:s'_', .....-' I~I J ~ B::-"",'l'lLJ_- '. L. . P" ~1j~ L'/"'""2."o'mirRLfIBi EB ,.j [J I=j i LJ'J- 1 c , <\::~ I I::B 1 f~' I E'l U~ mI7?~:~!;J I ,- \:tit " ~ P '-11.1\ _~I t:iLI'7:(;~/.. t:5I ,. P i -~ ~=~l R1771:i.;-il>-f- < - ~ kFd _ (j .l;E ~;!LLr.:1 ' _ L~ -0: r'iII__G?j\,1 (itW1f~'>t a I::wr '" L J~-- J., ~r'~ -J - " fA""":)"i I. ~C:' ~~,_,:__-:::;,_- c.. ._~ lr;0"n Tilll i " _', ',' I ",_.<-:',_ L _ _..J \P.~_),"c'1I1,1~&sJ3\ r~~ L#B.~ ~"r '"".ilf \_~""_ _~1iJ ..", f-,-. ==! 1= --I ~ --. \~ i1<;l; >- ~ J:11l 0)'- .- 0 J:"'C z...-;;,;;;( . o . ~ II) .!!! "E 00 N ci " .s;; OJ ,!;; . m o I , C ' LJ'\' ' JOBNAME: No Job Name PAGE: 675 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocs/mcc/3/11217 _full Attachment 2 ZONING S 44-636 (11) Any use that would be similar to any of the uses in subsections (1) through (10) ofthis section, if it is not noxious or hazardous. (12) Adult use accessory subject to the requirements in chapter 14, article III. The city may issue adult use accessory licenses to businesses or establishments located in the SC (shopping center) zoning district subject to the requirements in chapter 14, article III, and the following requirements: a. The adult use accessory shall comprise no more than 20 percent of the floor area of the establishment or building in which it is located. b. Display areas for adult movie or videotape rentals or other similar products shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control ofthe person responsible for the operation. c. Magazines and publications or other similar products classified or qualified as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any materials other than the publication title. d. Adult use accessory shall be prohibited from both internal and external adver- tising and signing of adult materials and products. (Code 1982, S 36-173(a); Ord. No. 835, S 3, 11-13-2002) Sec. 44-597. Conditional uses. In the SC shopping center district, the following uses must have a conditional use permit: (1) Place of amusement, recreation or assembly, other than an indoor theater, indoor athletic activity or itinerant carnival. (2) The exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard. The city may require screening of such uses. (Code 1982, S 36-173(b)) Sees. 44-598-44-635. Reserved. DIVISION 12. M-1 LIGHT MANUFACTURING DISTRICT Sec. 44-636. Permitted uses. The city shall permit the following uses by right in the M-1light manufacturing district: (1) Any use listed as a permitted use in a BC (business commercial) district. (2) Wholesale business establishments. (3) Custom shop for making articles or products sold on the premises. CD44:73 JOBNAME: No Job Name PAGE: 676 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /first/pubdocs/mcc/3/11217 _full ~ 44-636 MAPLEWOOD CODE (4) Plumbing, heating, air conditioning, glazing, painting, paper handling, roofing, ven- tilating and electrical contractors; blacksmith shop; carpentry, soldering or welding shop, (5) Bottling establishment. (6) Manufacturing, assembly or processing of: a. Canvas and canvas products. b. Clothing and other textile products. c. Electrical equipment, appliances and supplies, except heavy electrical machinery. d. Food products, except meat, poultry or fish. e. Jewelry, clocks or watches. f. Leather products. g. Medical, dental or drafting equipment, optical goods. h. Musical instruments. i. Perfumes, pharmaceutical products, rubber products and synthetic treated fabrics. j. Small products from the following previously prepared materials: cork, feathers, felt, fur, glass, hair, horn, paper, plastics or shells. (7) Carpet and rug cleaning. (8) Dyeing plant. (9) Laboratory, research, experimental or testing. (10) School. (11) Warehouse. (12) Accessory use on the same lot with and customarily incidental to any of the permitted uses in subsections (1) through (11) of this section. (13) Adult use principal, sexually oriented businesses and adult use accessory subject to the requirements in chapter 14, article III. (Code 1982, ~ 36-186) Sec. 44-637. Conditional uses. (a) In the M-llight manufacturing district, the following uses must have a conditional use permit: (1) Any conditional use in the BC (business commercial) district, subject to the same conditions. (2) Any use of the same character as a permitted use in section 44-636. (3) Trucking yard or terminal. CD44:74 JOBNAMB: No Job Name PAGB: 677 SBSS: 2 OUTPUT: Tue Apr 812:31:102003 /fil'st/pubdocs/mcc/3/11217 _full ZONING ~ 44-677 (4) Privately owned mining or material recycling facilities, if at least 350 feet from any property the city is planning for residential use. (b) No building or exterior use, except parking, may be erected, altered or conducted within 350 feet of a residential district without a conditional use permit. (Code 1982, ~ 36-187) Sees. 44-638-44.675. Reserved. DMSION 13. M-2 HEAVY MANUFACTURING DISTRICT Sec. 44-676. Permitted uses. The following are permitted uses in the M-2 heavy manufacturing district: (1) Any use permitted in the M-l district except adult use accessory. (2) One dwelling unit in combination with a business use. (Code 1982, ~ 36-201; Ord. No. 835, ~ 4, 11-13-2002) Sec. 44-677. Conditional uses. The city permits the following uses in the M.2 heavy manufacturing district after approval of a conditionat use permit: (1) Privately owned recycling facility. (2) Distillation of bones and wood. (3) Incinerator or reduction of garbage, offal and dead animals. (4) The processing ofrags or junk when enclosed within a building. (5) Manufacture of: a. Asphalt or asphalt products. b. Exptosives or fireworks, including their storage. c. Fertilizer, when manufactured from organic materials. d. Gypsum, cement, paster or plaster of Paris. e. Rubber or gutta percha. f. Sulfurous, sulfuric, nitric, pictic, hydrochloric or other offensive or corrosive acids. (6) Wood pulp and fiber reduction and processing. (7) Used car lot. (8) Heliport. (Code 1982, ~ 36-202) CD44:75 JOBNAME:No Job Name PAGE: 668 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /frrst/pubdocs/mcc/3/11217 _full Attachment 3 ~ 44-474 MAPLEWOOD CODE Sec. 44.474. Determination of questions concerning appropriateness of use within district. Where there is a question concerning the appropriateness of a particular use as permitted or conditional within the CO commercial office district, the planning commission shall review the question and forward a recommendation to the city council for fmal determination. (Code 1982, ~ 36-139) Secs. 44.475-44.510. Reserved. DIVISION 10. BC BUSINESS COMMERCIAL DISTRICT Subdivision 1. In General Sec. 44-511. Permitted uses. The city shall only permit the following uses by right in a BC business commercial district: (1) A dwelling unit for one family in combination with a business use. (2) Hotel, motel or tourist cabins. (3) Retail or commercial rental activities, office, clinic, studio, bank, personal service, day care center, mortuary or funeral home, restaurant or on-sale liquor business subject to license. All on-sale liquor business not associated with a restaurant shall be at least 350 feet from any property that the city is planning for residential use. All business, storage or display, except signs and parking, shall be in a closed building. (4) For motor vehicles, the following activities if not within 350 feet of any property that the city is planning for residential use: a. The sale or leasing of new motor vehicles. b. The sale or leasing of new and used motor vehicles when all such activities are on the same property. c. The rental of motor vehicles as an accessory use to the sale or leasing of new motor vehicles. (5) Publishing, photocopying or printing establishment. (6) Indoor theater. (7) Laundry. (8) Bakery or candy shop, which produces goods for on-premises retail sale. (9) Parking lot as a principal use. (10) Motor vehicle accessory installation center. (11) CNG (compressed natural gas) or LPG (liquid petroleum gas) dispensing facilities. Tanks shall not exceed a water capacity of 1,500 gallons for those dispensing facilities CD44:66 JOBNAME: No Job Name PAGE: 669 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /firstlpubdocs/mcc/3/11217 _ full ZONING ~ 44-512 whose primary purpose is to produce power and light for nonvehicle uses, such as at 3M, NSP's facility on Century Avenue, or for temporary use on construction sites. Refer to the licensing requirements in chapter 14, article X. (12) CNG (compressed natural gas) or LPG (liquid petroleum gas) retail dispensing facilities-Limited capacity. Tanks shall not exceed a water capacity of 1,000 gallons for dispensing facilities as an accessory use to a motor fuel station or convenience store, the primary purpose of which is the filling of LPG tanks for recreational vehicles, portable heaters and gas grills. These limited-capacity dispensing facilities shall be at least 350 feet from any property the city is planning for residential use. (13) Repair shop, except motor fuel stations or maintenance garages. All business, storage or display, except signs and parking, shall be in a closed building. (14) Organized athletic activities, such as dance, physical fitness or karate, that are conducted indoors. (15) Itinerant carnivals, subject to the licensing requirements in chapter 8, article Iv. (16) Any use that would be similar to any of the uses in subsections (1) through (15) of this section, if it is not noxious or hazardous. (17) Adult use accessory, subject to the requirements in chapter 14, article III. (Code 1982, ~ 36-151(a); Ord. No. 825, ~ 1, 4-8-2002; Ord. No. 835, ~ 2, 11-13-2002) Sec. 44-512. Conditional nses. In a BC business commercial district, the following uses must have a conditional use permit: (1) All permitted uses in the R-3 district. (2) Processing and distributing station for beverages. (3) ptace of amusement, recreation or assembly, other than an indoor theater, indoor athletic activity or itinerant carnival. (4) The exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard. The city may require screening of such uses pursuant to the screening requirements of subsection (6)a of this section. (5) For motor vehicles, the following activities, if not within 350 feet of any property that the city is planning for residential use: a. The sale or leasing of used motor vehicles. b. The storage or rental of motor vehicles. (6) Metal storage buildings, if the building meets the findings for a conditional use permit and the following findings: a. No more than 20 percent of the building would be visible from streets or the highest topographical point of the nearest residential lot lines. CD44:67 JOBNAME: No Job Name PAGE: 670 SESS: 2 OUTPUT: Tue Apr 8 12:3t:l0 2003 Ifirst/pubdocs/mcc/31 I 1217 jull ~ 44-512 MAPLEWOOD CODE b. The building would not be oflesser quality than surrounding development. lithe screening is removed or dies and the owner does not replace it, the city council may require that the owner remove the building. If the value of the building exceeds $25,000.00, the city council shall allow at least a five-year amortization period. (7) Craftsman shop. (8) Motor fuel stations, motor vehicle wash or maintenance garages, if they meet the findings for a conditional use permit and the following findings: a. The setback of any overhead canopy shall be at least 15 feet from the street right-of-way line and five feet from a nonresidential property line. b. The setbacks to a residential lot line in section 44-20(c)(6) shall include motor vehicle washes, fuel dispensers or canopies. c. All parts of major motor fuel stations, motor vehicle washes or maintenance garages shall be at least 350 feet from any property the city is planning for residential use. d. No unlicensed or inoperable vehicles shall be stored on the premises for more than 48 hours, except in storage areas that are fully screened from public view. e. All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. f. All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. g. The city must approve the location and type of outdoor storage in the conditional use permit. h. Noise from operations, including external speakers, shall not exceed the noise standards of the state pollution control agency. 1. No motor fuel station or maintenance garage within 350 feet of a residential lot line shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. The, city council may allow or require different hours of operation as part of the approval process of a conditional use permit for maintenance garages and motor fuel stations. j. Fuel station dispenser islands, parking areas, and drives shall be screened from residential lot lines in conformance with section 44-19(c) and (d). k. Parking shall be limited to paved areas. 1. All new or replacement underground fuel storage tanks shall meet the standards of state and the standards of the state pollution control agency. Such tanks shall also have a UL listing appropriate for their use. In addition, installation plans shall be submitted to the state fire marshal's office for approval. CD44:68 JOBNAME: No Job Name PAGE: 671 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocs/mcc/3/I 1217_ full ZONING ~ 44-512 m. There shall be leak detection equipment on all new and existing tanks according to U.S. Environmental Protection Agency (EPA) schedule deadlines. Leak detec- tion facilities shall include electronic (in tank) monitoring equipment as well as manual daily measurement and recording of tank levels. Records of daily tank levels, fuel purchases and fuel sales shall always be available on site for inspection by the fire marshal. n. Vents from an underground fuel storage tank shall be 200 feet from a residential lot line. The city council may approve a lesser setback if the developer can prove that the topography or extsting or proposed buildings will prevent fumes from reaching a residential lot line. o. Motor vehicle washes shall be subject to the same conditions as stated for motor vehicle fuel stations, with the following additional conditions: 1. Water from a motor vehicle wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. 2. There shall be stacking space for at least four vehicles. (9) Privately owned mining or material recycling facility. The processing of recyclable materials shall be in an enclosed building and shall be at least 350 feet from any property the city is planning for residential use. (10) Any use that would be similar to any of the uses in subsections (1) through (10) ofthis section, if it is not noxious or hazardous. (11) Any building or outside use, except parking, that is within 75 feet of a residential building. (12) Pawnbroker as defined in chapter 14, article XII All pawnbrokers are subject to the following: a. They must be located at least 500 feet from a residential lot line and at least 500 feet of any school or church. b. They must have city licensing as regulated in chapter 14, article XII (13) Retail firearms sales if the bnsiness, store or shop is at least 350 feet from any property the city is planning for residential use. All such businesses are subject to all applicable state and federal licenses. (14) Ourrency exchange as defined in chapter 14, article XII All currency exchanges are subject to the following: a. They must be located at least 500 feet from a residential tot line and at least 500 feet of any school or church. b. They must have city licensing as regulated in chapter 14, article XII. (Oode 1982, ~ 36-151(b); Ord. No. 792, ~ 1, 11-23-1998: Ord. No. 786, ~ 1, 11-10-1997; Ord. No. 825, ~ 1, 4-8-2002) OD44:69 MEMORANDUM TO: FROM: SUBJECT: James Antonen, City Manager Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Rezoning of the Undeveloped Mogren Property southwest of White Bear Avenue and County Road C from F (farm residential) to BC (business commercial) South of County Road C, west of White Bear Avenue Simple Majority Required for Approval May 21,2010 LOCATION: VOTE REQUIRED: DATE: INTRODUCTION Proposal/Past Planning Commission Action On May 18, 2010, the planning commission reviewed a rezoning request initiated by the city staff for the property located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car Wash and the former Super America Fuel Station. The reason for this rezoning was to bring the zoning of this property into conformance with the C (commercial) comprehensive land use plan designation specified in the city's updated comprehensive land use plan. The property in question has split zonings. Refer to the maps. The westerly half (approximately) is zoned F (farm residential) and the easterly portion is zoned BC (business commercial). Staff's proposal was to rezone the F portion to BC to match the comprehensive plan. The planning commission considered comments received at the public hearing from several neighbors and the owner of the Regal Car Wash. The planning commission tabled action on this request. They directed staff to reschedule this issue for further discussion at their June 1, 2010 meeting and to do the following: 1. Check with the city attorney to see if he would support rezoning the F zoned portion of the property to LBC (limited business commercial) a more restrictive commercial zoning. The site would remain to have split zonings-LBC and BC, under this scenario. 2. See if the city attorney would support rezoning the entire lot from F and BC to LBC. 3. Notify the property owner to attend the June 1 planning commission meeting. Comprehensive Plan Update Adoption/State Law Requirement 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 map 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. 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 Rezoning to LBC, a More Restrictive Zoning Classification City Attorney's Comments Alan Kantrud, the Maplewood City Attorney, addressed the planning commission's questions. 1. Mr. Kantrud does not recommend that the city allow properties to have split zonings. This could conflict with the land use plan, depending on the zoning mix, and make development confusing and encumbered. The most restrictive zoning, LBC, would essentially become the controlling zoning in that scenario. It is a bad practice and would not serve the goal, if this was the intent, of creating a buffer or transitional zoning for the land to the west and northwest. The development guidelines in the zoning ordinance already require buffers by means of screening and setback requirements. LBC and BC zoning would both fit the commercial land use plan designation but would make any future development difficult since there would be an arbitrary zoning line, not a property line, making it difficult to layout possibly conflicting commercial uses on the same property. 2. Mr. Kantrud, furthermore, did not support rezoning the entire lot to LBC. He does not see the benefit in this. This lot is surrounded by properties zoned and developed with typical commercial uses that meet the BC zoning. One must ask, "who would the buffer serve?" There is one abutting neighbor. The rest of the abutting property to the west is Ramsey County open space. The nearest non-abutting neighbor is over 500 feet away. The proper application of the city's development controls would be to apply the setback and buffer requirements already addressed by the zoning ordinance. 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 Business Commercial? During the city council's review of the 2030 Comprehensive Plan update, staff reviewed the zoning map looking for inconsistencies with the comprehensive plan and this site was identified. The 2030 Comprehensive Plan guides this entire site as commercial and the zoning for the entire parcel needs to match this designation. Property Tax Impact Property owners have asked what would happen to their property taxes if their zoning changed. The Ramsey County Tax Assessor's office stated that: "Zoning has no affect on 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. Zoning changes will not affect taxes." Conclusion State statute requires that the city revise the zoning map to a commercial zoning classification to match the adopted commercial classification on the comprehensive plan. Rezoning to LBC is an option, but will take away the property owner's ability to develop the site to its anticipated and previously understood potential. It is interesting to note that the existing F zoning allows commercial landscaping and gardening businesses, and the keeping of any associated equipment. Therefore, other than the requirement to obtain design approval of a proposed development, the existing F zone on the west half of the property is less restrictive than the BC zoning on the east half. Staff is recommending the city council revise the zoning map for this property from F to BC. RECOMMENDATION Approve the rezoning of the westerly half (approximately) of the undeveloped property located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car Wash and the former Super America Fuel Station, from F (farm residential) to BC (business commercial). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. REFERENCE SITE DESCRIPTION Site Size: 3,76 acres Existing Use: Vacant Land SURROUNDING LAND USES North: Single dwellings, the Regal Car Wash and County Road C South: Mapleridge Auto Center East: Businesses fronting White Bear Avenue West: Single dwellings and Ramsey County Open Space Land PLANNING Land Use Plan Designation: C Zoning: Current: F and BC; Proposed: BC p:Compplan\zoning follow-up to 2030 Planlrezoning to BC County Road C PC 6 10#2 Attachments: 1. Land Use Map 2, Zoning Map 3. Property Line Map 4. Rezoning Resolution ~Q ~ ~.~~ ~~ ~. ~'-J ~ st\t ~ c.. m ~ (D U) ::::> "C c m ...J e:! :J ..... :J I.L I "C o o ~ ...... ~ m J: ~: .v Attachment 1 ~ QJ ~ 9 ~--- '<. l.l QJ 03.-<(0 c..~ID<( (j) () 0.. l- ~<(CJ)Q) C l- ...... 0.. ::> Q) 'c (j) I.(} 0.::> :t:: . rJ) C ~:t:::::O::> I C c:i 0........... LO::>~tO~ oO'No ----......: ~ <( - ~ . I '- rolc.o~Q) :+:::,,...-' 0.. c........-o Q) N .~ ~ $ :E::::- C :::-'c ~Jg~~::> 0::: c'- co Q.) en Q.) . >...,...,Q)""O~ :t::.::= cr::.- C"? u)~>.~l ~O::~O:::~ o>.c~~_ ...... :>......(1)._ co c- (I.) ;> '00 0 rJ) QJ .- QJ Cll l.l Oc crJ)~-Ec Cll ...J QJ E QJ :J QJ .9l 0 Q. CIl :::::O:Jo-oE.oE:+::: 00,-"8 ~ :5 :.0 ..c Q) E ~ ~ ~ ~ a3 2~ ~ ::J 0 CD .2'.~ 0 ""0 0 1i) Co 0.. co'" C> O:::...J 2 I 2 U C (9.s 0.. 0 5:..8:;; l]l]IIIIIl]111 IItf ~ Wo LLo '" oj' o "' "'. o z~ ~l '\ \ \ \ LJ '" '" ~ ~ 1& ~ N 180 o 2D o 2~ K LMAN "EfK OPNSPACE r1 I- if> W '" >- " Z 0 ~ 2_ [jJ 0 o ~5 @47 2 o ] :J 00 0 [gJ OJ ~ ~ LJo q O~3 o cW ~ ~ B r1 D ; )J ~V ..,.. """ ..- KOHLMAN AVE 'it '<t iN ~ o ~ Q'tJ rtJ tJ o ~91 Maplewood Covenant Church 1 g 0 B ~ oqo '" ..... '0:"" r1 r1 THE WEST HALF OF THIS LOT IS ZONED F (farm residential). THE EAST HALF IS ZONED BC (business commercial). THE LAND USE PLAN GUIDES THIS PROPERTY ENTIRELY AS COMMERCIAL. ~ ~ " \ i \ :; o ~5 !] o [J rgJ ", ,.J". '2Q$3 o --tt\ \?'\~ o .. ", C.. );t~'\ j' ";: / \'\ , " [' '\.\ I ".:', v\ , " OJ '" "'0 [] ~ o ~;j tJ KOHLMAN AVE 3 f- ~ ~~~ o Z 0 ~ 266fi tJ:jJ F'.' UO []; c9 ", ", OJ '" ", [J '" .... ", ~ .. ", tJ o OD OJ '" '" '" L;)o r:-':---f:l, ~91 1'v1aplewood Covenant Church ,,":j o ._~ ~ <( cr iZ OJ ~ j eel Ii 0 q COUNTY ROAD C 2635 626 1/2 c c I [2r27 i623 2600 F I~c. I c J J~'s, 0T1"'Lrw"'- ~jlc JI C C ~ )Sup.,Amooa.! 2529 525 'U STATE STATUTE REQUIRES THAT THE ZONING MATCH THE LAND USE PLAN, THEREFORE, THE WEST HALF MUST BE REZONED TO COMMERCIAL. 5 520 , I ~'\~...:. 248fj(;~~taJ} 'ri.~-,/L;..j c.1 Attachment 4 REZONING RESOLUTION WHEREAS, the City of Maplewood city staff proposed a change to the city's zoning map from F (farm residential) to BC (business commercial); WHEREAS, this zoning map change applies to the westerly half of the undeveloped property located southwest of the intersection of White Bear Avenue and County Road C between the Regal Car Wash and the former Super America Fuel Station. The property identification number identifying the affected property is: PIN 11-29-22-22-0041 WHEREAS, On January 25,2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to Commercial. WHEREAS, Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS, the history of this change is as follows: 1. On May 18, 2010, the planning commission held a public hearing to consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On ,2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above- described change in the zoning map 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. The Maplewood City Council approved this resolution on ,2010.