HomeMy WebLinkAbout2010-12-07 PC Packet
AGENDA
MAPLEWOOD PLANNING COMMISSION
Tuesday, December 7, 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. November 16,2010
5. Public Hearings
a. Conditional Use Permit Revision, Woodland Hills Church Request for a Temporary Homeless
Shelter, 1740 Van Dyke Street
6. New Business
7. Unfinished Business
8. Visitor Presentations
9. Commission Presentations
a. Commissioner Report on the City Council Meeting of November 22,2010. Commissioner
Martin attended. The item reviewed was the first reading of the cellular telephone tower
ordinance amendment.
b. Upcoming City Council Meeting of December 13,2010. Commissioner Boeser is scheduled
to attend. The anticipated items for review are the first reading of the Open Space and Parks
Ordinance, the second reading of the Cellular Telephone Tower Ordinance amendment and
the rezoning of 2433 Highwood Avenue from F to R1.
c. Newspaper Articles from Chairperson Fischer: 1) Hillcrest Golf Course; 2) East Side Ride
10 Staff Presentations
a. League of Minnesota Cities Land Use Training
11. Adjournment
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
TUESDAY, NOVEMBER 16, 2010
1. CALL TO ORDER
A meeting of the Commission was held in the City Hall Council Chambers and was called to order
at 7:00 p.m. by Chairperson Fischer.
2. ROLL CALL
AI Bierbaum, Commissioner
Joseph Boeser, Commissioner
Tushar Desai,Commissioner
Lorraine Fischer, Chairperson
Robert Martin, Commissioner
Tanya Nuss, Commissioner
Gary Pearson, Commissioner
Dale Trippler, Commissioner
Jeremy Yarwood, Commissioner
Present
Present
Absent
Present
Absent
Present
Present
Present
Present at 7:07 p.m.
Staff Present:
Tom Ekstrand, Senior Planner
3. APPROVAL OF AGENDA
Staff added 10.b. Handing out the 2011 planning commission schedule attendance.
Commissioner Pearson moved to approve the aqenda as amended.
Seconded by Councilmember Trippler.
Ayes - All
The motion passed.
4. APPROVAL OF MINUTES
Approval of October 19, 2010, Planning Commission minutes.
Commissioner Trippler stated that recording secretary had referred commissioners as
councilmembers in the minutes. (The recording secretary corrected the errors.)
Commissioner Pearson moved to approve the October 19, 2010, minutes as amended.
Seconded by Commissioner Trippler.
Ayes - All
The motion passed.
There were no minutes to approve for November 2,2010, because the meeting was cancelled
due to the elections at City Hall.
November 16, 2010
Planning Commission Meeting Minutes
5. PUBLIC HEARING
a. Rezoning of 2433 Highwood Avenue from (farm residential) to R1 (single dwelling
residential)
a. Senior Planner, Tom Ekstrand gave the rezoning report and answered questions of
the commission.
Commissioner Trippler moved to approve the resolution rezoninq the southerlv half of 2433
Hiqhwood Avenue from (farm residential) to R1 (sinqle dwellinq residential) for the followinq
reasons:
1. This proposed rezoning would remove the split zoning by replacing the F, farm zoning
classification with the R1, single dwelling zoning classification.
2. This change would comply with the comprehensive land use plan low density residential
classification.
3. The proposed rezoning would meet the following five criteria for a zoning map revision as
required by city ordinance.
a. Assure itself that the proposed change is consistent with the spirit, purpose and intent of
this chapter.
b. Determine that the proposed change will not substantially injure or detract from the use of
neighboring properties or from the character of the neighborhood and that the use of the
property adjacent to the area included in the proposed change or plan is adequately
safeguarded.
c. Determine that the proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
d. Consider the effect of the proposed change upon the logical, efficient and economical
extension of public services and facilities, such as public water, sewers, police and fire
protection and schools.
e. Be guided in its study, review and recommendation by sound standards of subdivision
practice where applicable.
Seconded by Commissioner Pearson.
Ayes - All
The motion passed.
6. NEW BUSINESS
a. Parks and Open Space District (POS) Ordinance
a. Senior Planner, Tom Ekstrand gave the report on the (POS) Ordinance and answered
questions of the council.
Commissioner Trippler moved to approve the ordinance amendinq the Maplewood zoninq code to
create a parks and open space (POS) zoninq district with the recommended chanqes discussed
with staff durinq the meetinq.
Seconded by Commissioner Bierbaum.
Ayes - All
The motion passed.
November 16, 2010
Planning Commission Meeting Minutes
2
7. UNFINISHED BUSINESS
None.
8. VISITOR PRESENTATIONS
None.
9. COMMISSION PRESENTATIONS
a. Commissioner Report: City Council Meeting of October 25,2010. Commissioner Nuss
was scheduled to attend but was ill so staff reported on the meeting. The only item was the
rezoning of the properties between Kohlman Lake and County Road C from F to R1.
b. There were no planning commission items on the November 8, 2010, city council agenda.
This would have been Chairperson Fischer's meeting to attend.
c. Upcoming City council Meeting of November 22,2010. Commissioner Martin is scheduled to
attend but Commissioner Joe Boeser will be the representative. The anticipated item for
review is the first reading of the cellular telephone tower ordinance amendment.
City councilmember Nephew addressed the Planning Commission as the liaison.
10. STAFF PRESENTATIONS
a. Meeting Cancellation: The city council chambers will be closed for sound system repairs the
last two weeks of December. There are no time-sensitive items scheduled for review at this
time. Staff, therefore, recommends cancelling the December 21, 2010, planning commission
meeting. If something comes up that needs to be addressed staff will contact the planning
commission members. The next planning commission meeting is scheduled for Tuesday,
December 7,2010.
b. Staff handed out the 2011 Planning Commission schedule for attending the city
meetings representing the planning commission.
11. ADJOURNMENT
Chairperson Fischer adjourned the meeting at 7:47 p.m.
November 16, 2010
Planning Commission Meeting Minutes
3
MEMORANDUM
SUBJECT;
LOCATION:
DATE:
James Antonen, City Manager
Tom Ekstrand, Senior Planner
Chuck Ahl, Assistant City Manager
Conditional Use Permit Revision-Woodland Hills Church
1740 Van Dyke Street
November 30,2010
TO:
FROM:
INTRODUCTION
Woodland Hills Church, located at 1740 Van Dyke Street, is requesting approval of a revision to
their conditional use permit (CUP) to be allowed to operate a temporary homeless shelter. The
proposed shelter would be provided through Woodland Hills' affiliation with Project Home, a
program operated by the St. Paul Area Council of Churches currently providing shelter at area
churches for those in need.
Project Description
This proposal would be considered temporary since the applicant proposes to provide this
service twice a year. Each occasion would be for up to a one month period-two months per
year total. According to Pastor Mary Anderson, Woodland Hills Church would provide the
following spaces for this use:
. Kitchen area-for volunteers to prepare snacks
. Classrooms-three or four for families to sleep
. Classrooms-one or two for overnight volunteers to sleep
. Multi-purpose Room-for families to watch movies or for kids to play
Pastor Anderson explained the following:
"Once the Ramsey County Family Service Center at 2001 Van Dyke Street is full, the St. Paul
Area Council of Church's Project Home Program would provide all the needed materials to
house additional homeless families at area churches. Project Home receives funding to operate
two churches per month, but occasionally they receive additional funding for a third church site.
Woodland Hills has been a third church site in the past. The churches host for month at a time
at their site. Each site houses up to 20 total people per night that are all families with children. It
can be a single or two-parent family. On a given night, it typically consists of four to five adults
and 12 to 15 children at full capacity. All beds and bedding are provided by Project Home.
Woodland Hills Church would like to host Project Home twice per year, depending on the need.
We don't have assigned months but rather choose a month or two when there is funding
available for Project Home to host a third church site.
Each day a bus would bring the assigned families to each church that is hosting. One bus
delivers the families to each site. Our families arrive soon after 6:00 p.m. each night. They are
here with at least three volunteers and two overnight volunteers each night. The same bus will
arrive somewhere around 7:00-7:30 each morning to pick up the families and bring them back to
the Family Place at 244 E 244'h Street, downtown St. Paul. This is where the families reside.
during the day. The volunteers do receive training at our site through Project Home and our
staff as to the rules, guidelines and emergency procedures."
BACKGROUND
January 10, 2000: The city council approved a CUP for a church, a comprehensive land use
plan amendment from BC (business commercial) C (church) and amended the liquor license
requirements to exempt the 1 OO-foot spacing requirement for churches from on-sale/off-sale
liquor establishments in instances where the liquor store was in operation before the church
entered the neighborhood. (Note: at the time of the 2030 Comprehensive Land Use Plan
adoption on January 25, 2010, the land use classification was changed to MU, mixed use.)
The CUP was approved subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The proposed use must be substantially started within one year of council approval or the
permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The applicant shall do the following immediately with the Phase 1 improvements: overlay
and restripe the parking lot on the west side of the building, patch pot holes in the parking lot
on the remainder of the site, remove all litter, damaged items and debris, remove the
wooden fence and restore the grass.
5. The landscape plan shall be submitted to the community design review board for approval
before any landscaping is added.
6. Plans for any changes to the buildirig exterior, other than painting or repairs, shall be
submitted to the community design review board for review and approval.
February 1, 2001: The city council approved a one-year extension of Woodland Hill's CUP in
order to check the progress of the church's construction.
April 8, 2002: The city council approved a one-year extension of Woodland Hill's CUP in order
to check the progress of the church's construction.
June 9, 2003: The city council moved to review the CUP for Woodland Hills Church again only if
there are changes proposed to the CUP, there is an expansion to the facility or if a problem
arises.
2
DISCUSSION
Woodland Hills Church has been providing temporary shelter through Project Home for three
years now. The city only learned about this recently due to a paramedic call to the church for a
child. Once learning about this use, the community development staff contacted the church
about the need for a CUP revision.
Staff Comments
The building official and health officer have commented on this proposal and have the following
comments:
Buildinq Official
. The city will require a complete building code analysis from a design professional.
. This will include items such as separation, exiting, and code update requirements.
. Building/construction plans are required by a registered design professional.
. Verification that the mechanical system meets code requirements is required.
. Verification of adequate bathroom facilities is required.
. The building is required to have an automatic fire suppression system.
. The building may be required to update the NFPA 72 fire alarm system.
. Accessible parking is required.
. The contractor shall have a pre-construction meeting with the city staff.
Health Officer
Because food will be prepared for the temporary residents, per the Minnesota Food Code,
Minnesota Rules 4626, any time food is served to the public (regardless of whether a fee is
charged or not) a commercial food establishment license must be obtained. Therefore, the
requirements set forth in Minnesota Rules 4626 would need to be met by the Woodland Hills
Church.
Included (but not limited to) in these requirements are minimum standards for equipment,
ventilation, dishwashing and hand washing facilities, and room/area finish schedule. These
requirements are in place to protect the public's health in regards to a food-borne illness.
Police
The church must provide supervision at night while shelter guests are present.
Neighbor's Comments
Staff surveyed the owners of the 95 surrounding properties within 500 feet for their comments.
We received 17 replies. Of the 17 replies, eight were in favor, six were opposed and three
expressed "no comment or no objection."
3
Those opposed commented that:
. The Ramsey County Family Service Center was already in the neighborhood.
. Why add another? Let other areas do their share.
. It would bring in crime into the area.
. It would depreciate residential property values.
Staff spoke to Chief Thomalla about the question of crime related to the Ramsey County Family
Service Center and the potential of a crime increase because of the proposed facility. Chief
Thomalla said that Family Service Center has generated 226 calls for service dating back to
2005. It is nearly impossible to quantify the crime residents or visitors may have caused in the
area surrounding the facility. As for whether the proposed temporary shelter would pose a threat
for more crime, it doesn't seem likely. The proposed shelter would only house up to 20 people
at a time and would be only for two months out of the year. Furthermore, the shelter has been in
operation for three years without the city's or the neighborhood's knowledge. If it wasn't for an
ambulance run to the church, it would still be unknown to the city.
The Ramsey County assessor's office has explained that factors such as unmaintained and
trashy properties would affect property values, not the proposed use. Staff concurs and does
not feel that a temporary shelter to serve 20 persons two months out of the year would affect the
property value of any nearby home. We understand that it is a matter of the "perception" of a
potential home buyer that is the question. But, at such a limited use, staff does not feel that
there would be any true noticeable effect on the neighborhood.
CUP Findings for Approval
The zoning ordinance requires that the city council find that all nine "standards" for CUP
approval be met to allow a CUP. In short, these state that the use would (refer to the resolution
for the complete wording):
. Comply with the city's comprehensive plan and zoning code.
. Maintain the existing or planned character of the neighborhood.
. Not depreciate property values.
. Not cause any disturbance or nuisance.
. Not cause excessive traffic.
. Be served by adequate public facilities and police/fire protection.
. Not create excessive additional costs for public services.
. Maximize and preserve the site's natural and scenic features.
. Not cause adverse environmental effects.
The proposed temporary shelter meets these nine criteria.
Summary
Staff recommends approval of this CUP revision as proposed since it meets the criteria for CUP
approval. The applicant would need to complete the building and equipment upgrades as noted
above to comply with all applicable code requirements. Any revisions or expansion in this
program would need to be reviewed by the city council.
4
RECOMMENDATION
Adopt the resolution approving a conditional use permit revision for Woodland Hills Church,
located at 1740 Van Dyke Street, to operate a temporary homeless shelter two months each
year. Approval is based on the findings required by ordinance and subject to the following
conditions (additions are underlined and deletions are crossed out):
1. All construction shall follow the site plan approved by the city. Staff the Elircctor of
community Elc'/elopmont may approve minor changes.
2. The proposed use must be substantially started within one year of council approval or the
permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The temporary homeless shelter shall be limited to a period of two months each year. The
number of residents sheltered shall not exceed 20 persons at a time as proposed.
5. Woodland Hills Church shall provide constant supervision when the temporary shelter is in
operation.
6. Woodland Hills Church shall comply with all requirements of the Maplewood Buildinq Official.
Fire Marshal and Health Officer prior to beqinninq the operation of the temporary shelter.
7. Any chanqes in use or the operation of the temporarv shelter or expansion of the church
shall require review by the city council.
8. Any plans for chanqes to the buildinq exterior. other than paintinq or repairs. shall be
submitted to the community desiqn review board. for review and approval.
9. Tho applicant shall Elo tho follo'Ning immeEliatoly with thc Phaso 1 imJ3rovcments: overlay
anEl restripo the parking let on tho west siElc of tho lluilEling, patch pot holes in the parlling let
on tho rcmaindor of the sitc, rcmovc all litter, damagod items and Elebris, rcmove the
'/IooElen fenco anEl restorc the grass.
10. The landscapc plan shall be sullmittoEl to the community Elesign review board for approval
boforc any l:mdscaJ3ing is adEleEl.
11. Plans for any changes to the lluilEling o)(terier, other than painting or repairs, shall bo
submillcEl te tho community Elesign roview boarEl for rO'Jiew and approval.
5
CITIZEN COMMENTS
Staff surveyed the owners of the 95 properties within 500 feet of the Woodland Hills Church
property. Of the 17 replies, eight were in favor, six were opposed and three expressed "no
comment or no objection."
In Favor
1. As long as the operation does not attract criminal activity and/or infringe on my property, I do
not have objection. This neighborhood, and I in particular, have been the victim of burglaries
and vandalisms in the past. (Lallier, 1908 Ripley Avenue)
2. Whatever it takes to keep people and children off the streets in the winter or summer, to
keep them warm and fed, should be done. I support Woodland Hills' decision. (Wittenberg,
1665 Darlene Street)
3. Great idea. (Soderbeck, 1915 Larpenteur Avenue)
4. We are all for it. It's great they are stepping forward to meet a growing community need.
They deserve our support. (Johnson, 1935 Larpenteur Avenue)
5. As we are both aware, many families have members that have lost their jobs and their
homes. In today's economy, m"ny shelters get filled very quickly. No one should have to
spend the night outside sleeping, adults or children. Both my wife and I have NO
OBJECTIONS at all with Woodland Hills Church requesting permission to provide temporary
shelter for those seeking shelter overnight. We are not members of Woodland Hills Church
but they have been excellent neighbors. (Frank, 1921 Price Avenue)
6. I think this is a very good idea as there is a great need for it. I support your commitment
wholeheartedly. Glad the safety issue is addressed and there will be supervision.
(Seckinger, 1657 Darlene Street)
7. I am totally in support of the proposal. Anything that can be done to help or assist the
homeless is fine with me. Especially families or mothers with children. I have seen bad
examples of homeless men (rude behavior, urinating in public) but I believe these behaviors
to be exceptions. I hope you decide to approve the proposal and I applaud Woodland Hills
Church for their efforts. (Ekegren, 1644 Craig Place)
8. I have no problems with the church doing this. In fact, families with children could stay year
round. (Possert, 1840 Larpenteur Avenue)
Opposed
1. I am not in favor of this project. (Engebretson, 1642 Van Dyke Street)
2. I think one homeless shelter in the neighborhood is plenty. I think we're doing our share.
(DLP Foods Inc, 1829 North St. Paul Road)
6
3. I am opposed of this action. My back yard overlooks Woodland Hills. We have a
homeless shelter already in Maplewood. Another BIG concern of mine is I do plan on
selling this house in the future and I fear the people would find out this information and
not want to buy it for reasons such as this and depreciate the value of my home.
(Enstad, 1899 Larpenteur Avenue)
4. We have a homeless shelter two blocks from our home. We have low income
apartments two blocks from our home and we have low income town homes two blocks
from our home. We already have a temporary shelter through Project Home less than
two miles from our home. I think it's time for some other area to do their share. We don't
feel a shelter so close to our homes with children is a good idea. I would hope
Maplewood would keep any meetings or public hearinqs to Maplewood Residents.
(Casura, 1936 Ripley Avenue)
5. Refer to the letter from Cheryl Ann Hagel, 1674 Craig Place.
6. Refer to the letter from Richard Thomalla, 1908 Kingston Avenue.
No Comment or Objections
1. I have no objection (Received by telephone, no ID or address)
2. I have no issues with this. (LARP LLC, 166 N. Concord Exchange)
3. I have no comment. (Lee and Chiaxang, 1671 Hazel Street)
7
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 13.69 acres
Existing land use: Woodland Hills Church
SURROUNDING LAND USES
North: Ripley Avenue, South China Island Restaurant and Goodrich Golf Course
South: Plaza Theater, single dwellings and Larpenteur Avenue
East: Single dwellings
West: Van Dyke Street and commercial businesses
PLANNING
Land Use Plan designation: MU (mixed use)
Zoning: MU
CODE REQUIREMENTS
Section 44-1092(3) of the city ordinances requires a CUP for churches and institutions of any
educational, philanthropic and charitable nature.
Findings for CUP Approval
Section 44-1 097(a) requires that the city council base approval of a CUP on nine findings. Refer to
the findings for approval in the resolution.
APPLICATION DATE
The application for this request was complete on November 3, 2010. State law requires that the
city decide on land use applications within 60 days. Statute also allows the city to extend this
review period an additional 60 days if more time is needed for review. Because of the holidays,
and the closing of the council chambers for various system upgrades, staff has extended the
review period for this matter an additional 60 days. The deadline for council action, therefore, is
now March 3, 2011.
8
p:sec14\woodland hills church temporary homeless shelter CUP 12 10 te
Attachments:
1. Zoning Map
2. Land Use Plan Map
3. Applicant's Written Narrative (two pages)
4. Letter from Cheryl Ann Hagel dated November 8,2010
5. Letterfrom Richard Thomalla dated November 14, 2010
6. Resolution
9
Attachment 1
ZONING MAP
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LAND USE. PLAN MAP
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By
Woodland Hills Church would like to use some of our space to work
alongside Project Home, a ministry of the St Paul Area Council of
Churches, to house homeless families as an overnight shelter when the
regular Maplewood shelter is full. Most churches provide shelter for
one month and then the entire operation moves to another church
site. Project Home is funded by various county, state and federal
programs plus corporate and individual donors.
We operate the overnight shelter by setting up temporary cots and
having several volunteers in the building both for the evening shift and
the overnight shift to be sure that everything is safe and the families
are safe as well. The Project Home families arrive after 6pm and they
are escorted by bus back to The Family Place in St Paul at around 7:30
most days.
We would like the city to approve our conditional use permit so that
we can operate this temporary overnight shelter once or twice per
year, thereby providing those who are homeless with temporary
shelter and safety. We feel our calling before God is to help the
broken and impoverished in our neighborhood and would appreciate
your help.
1740 Van Dyke Street, 5t. Paul, MN 55109 . PHONE: 651 487-0001 . FAX: 651 487-0007 . WEB: www.whchurch.org . !MAIL: info@woodlandhillschurch.org
m~mn~Oill~m
W NOV 03 2010 ~
October 27, 2010
Tom Ekstrand
City of Maplewood Senior Planner
1830 County Rd BEast
Maplewood, MN 55109
By
Dear Tom
Thank you for your response to our request for a CUP (Conditional Use Permit). I have read the letter and am
replying with the information that you have requested.
The following areas in our church would be used for the Project Home Overnight Shelter for various reasons:
Kitchen area (for volunteers to prepare snacks)
Classrooms (three or four for sleeping families)
Classrooms (one or two for our overnight volunteers to sleep)
Multi-Purpose Room - for families to spend time in the evening watching movies or for kids to play
Together these areas are roughly 4000 square feet.
The regular Maplewood shelter I referred to is the Ramsev County Familv Service Center located at
2001 Van Dyke St in Maplewood. Once the 55 beds at this shelter are full the St Paul Area Council of Church's
Project Home program provides all the needed materials to house additional homeless families at area churches.
Project Home receives funding to operate two churches per month, but occasionally they receive additional funding
for a third church site. We have been a third church site in the past. The churches host for a month at a time at
their site. Each site houses up to 20 total people per night, all families with children. It can be a single or two
parent family. On a given night it typically consists of 4-5 adults and 12-15 children at full capacity. All beds and
bedding are provided by Project Home. Woodland Hills Church would like to host Project Home twice per year,
depending on the need. We don't have assigned months but rather choose a month or two when there is funding
available for Project Home to host a third church site.
Each day a bus will bring the assigned families to each church that is hosting. One bus delivers all the families to
each site. Our families arrive soon after 6:00 pm each night. They are here with at least three volunteers each night
and two overnight volunteers each night. The same bus will arrive somewhere around 7:00-7:30 each morning to
pick up the families and bring them back to the Familv Place at 244 E 10th 5t, downtown St Paul. This is where the
families reside during the day. The volunteers do receive training at our site through Project Home and our staff as
to the rules, guidelines and emergency procedures.
Please let me know if I can provide any further information to complete the application process.
Mary J Anderson
Associate Care Pastor
651-287-2059
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Attachment 4
Attachment 5
Tom Ekstrand
From:
Sent:
To:
Subject:
richard thomalla [rthomalski@yahoo.com]
Sunday, November 14, 20104:53 PM
Tom Ekstrand
Temporary Homeless Shelter "Response"
Mr. Ekstrand;
I reside at 1908 Kingston Ave, which is just behind the NE corner of Woodland Hills Church
and I do have some concerns about providing Temporary housing for the Homeless. Obviously
there is a need for this type of housing and being a Christian, I am not implying that the
Homeless shouldn't be taken care of. However, it does imply that it may present a threat to
the neighborhood which has seen a significant change in residents the past several years.
I'm not aware of any statistics that might provide indications of whether this type of
housing increases the chances of bringing more crime into a neighborhood or not. I would
imagine this is also a concern of your Department.
What kind of safeguards would be in place that would ensure homeless residents would be
confined to the Church proper during their temporary housing? This would be my biggest
concern as "Homeless" to me implies a desperate situation, and when people get desperate,
they will do things that might endanger my personal safety as well as a possible burglary.
What do "transients" have to lose? I hope I am not coming across as a "bigot" or racially
prejudiced, but you are requesting opinions and I am taking the opportunity to respond to my
concerns. If the Temporary Residents are confined to the Church property during their stay,
and we (residents) can be assured of that, I would tend to go along with the "Temporary Use
Permit" .
One other concern that might apply is the possibility of friends/relatives of the Homeless,
following them to their temporary housing, and therefore be another possible threat to the
neighborhood.
Are the nearby residents going to have a final vote or "say" about this or is it just going
to happen one way or the other? I would appreciate your response to my concerns.
Thank you for the opportunity to respond to your Nov. 5, 2010 letter.
Richard o. Thomalla
1908 Kingston Ave. E.
Maplewood, MN 55109
651-779-6457
1
Attachment 6
CONDITIONAL USE PERMIT REVISION
RESOLUTION
WHEREAS, Woodland Hills Church applied for a conditional use permit revision to operate a
temporary homeless shelter.
WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for
churches and institutions of any educational, philanthropic and charitable nature.
WHEREAS, this permit applies to the property located at 1740 Van Dyke Street. The legal
description is:
PID # 14 29 22 33 0001
WHEREAS, the history of this conditional use permit is as follows:
1. On December 7,2010, the planning commission held a public hearing. The city staff
published a notice in the paper and sent notices to the surrounding property owners. The
planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission also considered the report and recommendation of
city staff. The planning commission recommended that the city council this
permit.
2. On , the city council considered reports and recommendations of the city
staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council
conditional use permit, because:
the above-describe.d
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 run-off, vibration, general unsightliness, electrical interference or
other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause no more than minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. Staff may approve minor
changes.
2. The proposed use must be substantially started within one year of council approval or the
permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The temporary homeless shelter shall be limited to a period of two months each year. The
number of residents sheltered shall not exceed 20 persons at a time as proposed.
5. Woodland Hills Church shall provide constant supervision when the temporary shelter is in
operation.
6. Woodland Hills Church shall comply with all requirements of the Maplewood Building Official,
Fire Marshal and Health Officer prior to beginning the operation of the temporary shelter.
7. Any changes in use or the operation of the temporary shelter or expansion of the church shall
require review by the city council.
8. Any plans for changes to the building exterior, other than painting or repairs, shall be submitted
to the community design review board, for review and approval.
The Maplewood City Council
this resolution on
MEMORANDUM
SUBJECT:
DATE:
James Antonen, City Manager
Michael Martin, AICP, Planner
Charles Ahl, Assistant City Manager
League of Minnesota Cities Land Use Training
December 1, 2010
TO:
FROM:
INTRODUCTION
The League of Minnesota Cities (LMC) is offering training in different subjects in the
hopes of reducing lawsuit claims and losses among its members. Land use is one area
in which training is available. The LMC is incentivizing the city to complete this training
by offering the city a reduced rate in the event of a land use claim being made against
the city.
DISCUSSION
Attached to this report is individual login information for an online training course
regarding land use. Cities that participate and complete the LMC training will be eligible
for a rate deduction for any land use claims made against the city. Members of the
League of Minnesota Cities Insurance Trust (LMCIT) spend about $2.5 million per year
on land use claims, representing about 22 percent of all liability costs. The average cost
of a land use claim is $35,000, more than 85 percent of which is spent to cover defense
costs. According to the LMC, land use costs to Minnesota cities are significant, and the
only way to avoid many land use claims is by making informed, thoughtful and
appropriate land use decisions, LMCIT offers a unique loss control program to address
these risks.
The website-based training is designed to make land use decisions less confusing, and
will help cities avoid expensive land use claims and lawsuits. This first course in the
Land Use Series will help you understand cities' roles and authority in land use
regulation to more effectively navigate controversial situations. Additional courses in this
series (available in 2011) will cover how to write effective land use laws and apply them
using a fair and open process. All the laws, examples, and exercises in this training
series will apply specifically to Minnesota cities. Cities can qualify for the incentive at
any time by meeting the training requirement, at which point the city will receive an
endorsement. Any land use claims made against the city after the city gets the
endorsement will qualify for the savings. In order for the city to receive the endorsement
the follow individuals must complete the online training:
. A quorum of the city council;
. The chair and another planning commission member;
. A city planner
However, because it does not cost the city any additional funds, staff is requesting that
all city council and planning commission members complete the training.
RECOMMENDATION
Go to the following websiteand complete the training - htlp:/lmvlmc.lmc.org. Use the
individuat login information attached to this report. Notice the login name does not
include a "@"symbol. This is correct as this login name is not an email address Once
you complete the training please inform Michael Martin at 651-2492303 or
michael.martin@ci.maplewood.mn.us. Also please call or em ail with any questions.
Attachments
1. p",rsonal Login Irlformalion