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Home My WebLink About2011-11-01 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, November 1, 2011 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. October 18, 2011 5. Public Hearings a. Plan Amendment, C (commercial) to LDR (low density residential) for 1961,1967 and McMenemy Street b. Wetland Buffer Waiver for Ditch Maintenance on Joy Road 6. New Business 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. Commissioner report for the city council meeting of October 24,2011. Commissioner Desai was scheduled to attend, but there were no planning commission items to review. b. Upcoming City Council Meeting of November 14. Commissioner Yarwood is scheduled to attend. The anticipated items to be reviewed are two ordinance amendments concerning the updated variance findings in state statutes, the ordinance amendment concerning administrative variances and the ordinance amendment regarding property impacts when a street widening takes place. 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 18, 2011 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 Present Present Prepent Present Absent Staff Present: Tom Ekstrand, Senior Planner 3. APPROVAL OF AGENDA Commissioner Pearson Seconded by Ayes- All The motion passed. 4. APPROVAL OF MINUTES Commissioner Pearson moved to approve the October 4, 2011 minutes as submitted. Seconded by Commissioner BoeseL Ayes - Chairperson Fischer, Commissioner's Bierbaum, Boeser, Martin, Nuss & Pearson Abstention - Commissioner Trippler The motion passed. 5. PUBLIC HEARING None. October 18, 2011 Planning Commission Meeting Minutes 1 6. NEW BUSINESS a. Ordinance Amendment - Section 44-14, Street Widening and Diminished Lot Size i. Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. ii. Chris Simmons, Welsh Companies, addressed the commission regarding the Caribou property on White Bear Avenue. Commissioner Trippler moved approval of the Ordinance Amendment - Section 44-14, Street Wideninq and Diminished Lot Size. Seconded by Commissioner Pearson. Ayes - All The motion passed. This item goes to the City Council on November 14, 2011. b. Ordinance Amendment - Section 44-13, TheCity's Authority to Approve Variances i. Senior Planner, Tom Ekstrand gave the repOrt arid answered questions of the commission. Commissioner Pearson moved to approve the Ordinance Amendment - Section 44-13 The Citv's Authoritv to Approve Variances. Seconded by Commissioner Ayes - All The motion passed. This item goes to the CityCounCilgn 14,2011. c. Ordinance Amendment... Article VI, Administrative Variances i. Senior Planner, Tom Ekstrand gave a brief report Commissioner Martin moved to approve the Ordinance Amendment - Article VI, Administrative Variances. Seconded by Commissioner Nuss. Ayes - All The motion passed. This item goes to the City Council on November 14, 2011. 7. UNFINISHED BUSINESS a. Commissioner Minutes and Records Retention Discussion by City Council i. Commissioner Martin gave a report on the City Council meeting discussion. The City Council made a decision for the minutes to be "action minutes". October 18, 2011 Planning Commission Meeting Minutes 2 8. VISITOR PRESENTATIONS None. 9. COMMISSION PRESENTATIONS a. Commissioner report for the city council meeting of October 10, 2011. Commissioner Nuss attended in Commissioner Tripplers absence. The item discussed was the CUP for LaMettry Collision on Highway 61. ~ j .~ I J l e ~ N I I I il I' " b. Upcoming City Council Meeting of October 24, 2011. Commissioner Desai was scheduled to attend. There are no longer any items to discuss. The commission discussed the living streets ordinance that is being worked on and discussed in Maplewood. 10. STAFF PRESENTATIONS a. Rosenburg's Rules of Order i. Senior Planner, Tom Ekstrand gave a Rules of Order. 11. ADJOURNMENT Chairperson Fischer adjourned October 18, 2011 Planning Commission Meeting Minutes 3 MEMORANDUM TO: FROM: SUBJECT: LOCATION: VOTES: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager Plan Amendment from C (commercial) to LDR (low density residential) 1961,1967 and 1975 McMenemy Street Four Votes Required for Approval March 19, 2010 INTRODUCTION The planning commission compared the zoning and land use plan maps for consistency between how land is zoned and how it is guided by the plan. They found four instances that warranted study. One of these involves the three properties located at 1961, 1967 and 1975 McMenemy Street south of the Parks ide Fire Station. These lots are developed with single dwellings. They are zoned R1(single dwelling residential) but are planned in the city's comprehensive land use plan as C (commercial). On April 19, 2011, the planning commission said that they felt that it would be appropriate to reclassify the land use plan for these lots from C to LDR (low density residential). The LDR land use classification would be consistent with single dwelling development Request Revise the land use plan for 1961, 1967 and 1975 McMenemy Street from C to LDR. DISCUSSION Staff wrote to the owners of each of the three properties for their opinion whether they would prefer that their property be planned for low density residential, as it is currently developed, or if they would prefer the future plan for their lot remain commercial. The owners of 1961 and 1975 McMenemy Street responded and both agreed it made sense that their lots should be re-guided for residential, not commercial. One could build a case for these lots being developed commercially since they are bordered on the north (Parkside Fire Station), south (St Paul Area Association of Realtors office building and parking lot) and west (commercial office buildings) by non-residential development. Only the properties across McMenemy Street are developed with single fqmily homes. There are always homes on the transitional edge of residential and commercial developments, however. These three homes all seem to be well suited to this neighborhood and are in well-kept condition. Furthermore, the owners of two of these three homes support to a re-guiding to a residential classification. The third owner did not call to express wishes for or against the change. One of the neighbors, however, said they spoke to the owner of 1967 and stated that they would support the change to LDR. In consideration of the above, staff recommends that the land use plan be amended from C to LDR to be consistent with the development of these three properties. RECOMMENDATION Adopt the resolution approving a comprehensive land use plan amendment from C (commercial) to LDR (low density residential) for the properties located at 1961, 1967 and 1975 McMenemy Street Approval is based on the following reasons: 1. The properties are presently developed with single dwellings which would be compatible with a land use classification of LDR. 2. The three homes are well kept and would not be destined for redevelopment in the foreseeable future. 3. The single dwelling development of these lots is compatible with abutting residential development to the east, but they are also compatible land uses to the fire station and office building to the north and south. 4. The reclassification to LOR would eliminate an inconsistency between the zoning map and land use plan. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. REFERENCE .INFORMA TION SITE DESCRIPTION Lot Sizes: 17,000 square feet each (approximate) Existing Land Use: Each lot is developed with a single dwelling SURROUNDING LAND USES North: Parkside Fire Station South: St. Paul Area Association of Realtors parking lot and office building East: McMenemy Street and single dwellings West: Sloan Place and office buildings PLANNING Land Use Plan: existing-C (commercial); proposed LOR (low density residential) Zoning: R1 (single dwelling residential) REVIEW DEADLINE This review is generated by staff. There is no deadline for action by the city council. p:sec18\McMenemy Street Plan Amendment C to LOR/ 1961 to 1975 McMenemy Street 10 11 te Attachments: 1. Zoning/Location Map 2. Land Use Plan Map 3. Land Use Plan Amendment Resolution ZONING/LOCATION MAP Page 1 01'1 Attachment 1 ZONING/LOCATION MAP 1 "35E IWIEtA'NN AVEE ST. PAUL AREA ASS.OCIA.......T....ION I OF REALTORS , U '/1 II I I " I...... . ..ROSELAWN AVENUE 'I , "'1 '1 \ , J i .~ ',V Copyright MaplewoodBaseMap Chad Bergo Parcels: This data set is available to everyone. Fees and policy are published in the Ramsey County Fee Schedule. Charges are variable and are subject to change. See the Ramsey County Fee Schedule for specific information on fees and policy. hup:/ /maps.ci.maplewood.mn.us/aspnet_ client/ESRI/W ebAD F/PrintTaskLayoutTemplate... 10/17/2011 Q, as :E ~ ID ~ 1,...__ CD Q)_~~ UJ Q,~Qi<l: :) ~~~~ ::J (I) 'r: '" "0 en Q,::J "-g ~ . 2 0::) :;; '";"'r: c::i 0 ID \\1 LO:J ~ a.O l,... OOOINO ~-~""~I<( ~. ~ (ij I (!) T""' Q) dlI~ :;:; (0 ::::- c:i 0.. ~ C . 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WHEREAS, this change applies to the properties located at 1961,1967 and 1975 McMenemy Street. The legal descriptions are: The S 90 FT of N 270 FT E 223 FT of SE Y. of SE Y. of NE Y. (Subj to Rd) of SEC 18, TN 29, RN 22. (PIO# 182922140005) The S 90 FT of N 180 FT E 223 FT of SE Y. of SE Y. of NE Y. (Subj to Rd) of SEC 18, TN 29, RN 22. (PID# 182922140004) The S 90 FT 0f N 90 FT E 223 FT of S Y, of SE Y. of NE Y. (Subj to Rd) of SEC 18, TN 29, RN 22. (PIO# 182922140003) II II' II ~ , I i I ~ , ~ iJ WHEREAS, the history of this change is as follows: 1. On November 1, 2011, the planning commission held a publiC hearing. 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. The planning commission recommended that the city council approval the land use plan change. 2. On the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOL VEO that the city council described change for the following reasons: the above 1. The properties are presently developed with single dwellings which would be compatible with a land use classification of LOR. 2. The three homes are well kept and would not be destined for redevelopment in the foreseeable future. 3. The single dwelling development of these lots is compatible with abutting residential development to the east, but they are also compatible land uses to the fire station and office building to the north and south. 4. The reclassification to LOR would eliminate an inconsistency between the zoning map and land use plan. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Council this resolution on MEMORANDUM TO: FROM: Planning Commission Ginny Gaynor, Natural Resources Coordinator Shann Finwall, Environmental Planner Wetland Buffer Waiver for Ditch Maintenance on Joy Road October 26, 2011 for November 1, 2011 Commission Meeting SUBJECT: DATE: INTRODUCTION A section of Joy Road saw periodic flooding in winter and spring of 2011. Ramsey County has proposed doing maintenance on a roadside ditch in this area to alleviate the flooding. The proposed work could impact a wetland along the road and portions of the work would be conducted in the wetland buffer. This work requires a waiver to Maplewood's wetland buffer ordinance. A public hearing on this issue will take place at the November 1st Planning Commission meeting. DISCUSSION In winter and spring 2011, there was flooding on Joy Road, across from the parking lot entrance to Joy Park. The flooding caused damage to the road and was hazardous to traffic. Alan Rupnow, Environmental Resource Specialist for Ramsey County, conducted a wetland delineation of the site and prepared a project proposal. The text from the project proposal is included as Attachment 1. Ramsey County determined the flooding was overflow from a small wetland on the north side of Joy Road that drains into a ditch along the road. The wetland, ditches, and proposed work are shown in Attachment 2. As noted in the proposal, there are three locations that restrict drainage from the wetland. The County proposes to clean out the ditches and to excavate a 5-foot wide swale to more directly connect the wetland to the ditch, which would allow the water to flow out of the wetland in times of heavy rainfall. The county considers the removal of sediment in the ditch to be routine maintenance of a stormwater conveyance. Based on the soils present, Mr. Rupnow believes that this small wetland likely originated from road construction blocking runoff to Silver Lake. However, the wetland has native wetland plants and is relatively high quality. Valley Branch Watershed District recently conducted a Minnesota Routine Assessment Method on the wetland and classified it as a Manage A wetland. If the proposed work is done, the county's report indicates there may be some loss of water to this wetland during periods of heavy rainfall, but the water level would not be affected during routine rainfalls. City staff met with representatives from the county, Valley Branch Watershed District, and Ramsey Conservation District to better understand how this proposal will impact the wetland. All in attendance agreed that this proposal would likely not negatively impact the vegetation in this wetland, since the hydrology of the wetland would just be impacted during major rain events. Other solutions to the flooding project would require major construction and are not deemed feasible at this point in time. CONFORMANCE WITH ORDINANCE STANDARDS The proposed work requires a waiver to the city's wetland ordinance (Section 12-310 of City Code). The ordinance states that the city council may waive the requirements of the ordinance for maintenance of public streets and utilities where there is greater public need for the project than to meet the standards of the ordinance. In addition, the ordinance states the city may only allow the construction of public or semipublic utilities through buffers where there is no other practical alternative. The ENR Commission reviewed this issue on October 17, 2011 and approved the proposed project. A public hearing notice was published in the Maplewood Review and the hearing will take place at the November 1 Planning Commission meeting. Residents within 500' of the project have been notified of this proposed project. Staff supports the proposed project. The flooding is a safety hazard that must be addressed. We believe a change in wetland hydrology during large rainfall events will not negatively impact this wetland. RECOMMENDATION Staff recommends that the Planning Commission approve the proposed ditch maintenance on Joy Road, including excavating a 5 foot-wide swale to connect the wetland to the ditch. Attachments: 1. Project Proposal 2. Map of wetland and excavation areas 2 ,. ,. ., Attachment 1 Joy Rd Drainage Repair. Project Proposal and Wetland Delineation Proposal/Scope of Work A section of the north side of Joy Rd across from the west City of Maplewood park driveway was Impacted by periodic flooding during the winter and spring of 2011 resulting In damage to the roadway and pa.sslng traffic, The cause of the flooding was determined to be overflow from a small wetland on the north side of the road northeast of the driveway. Water from the wetland drains through a small gap In Its southeast corner running Into the ditch to the east until It reaches a culvert running underneath Joy Rd about 400 feet away. (See Figure 2 . Joy Rd Wetland Delineation / Site Map for details) Ramsey County has determined there are three locations that are restricting dra,lnage from the wetland: 1. Sediment accumulated in the ditch from general run-off accumulation starting 200 feet east of the wetland. 2. Sediment deposited In the ditch at the end of an undeveloped foot trail located approximately 180 feet east of the wetland's discharge point. 3. The wetland discharge point Into the ditch is only about 1 foot wide, Ramsey County proposes to perform the following maintenance activity and drainage alterations to the wetland and ditch to protect the Integrity of the roadway and public safety. 1. Clean out the ditch line east of the wetland toa proposed 0,34% grade including removing the trail deposits and accumulated sediment In the ditch bottom. 2. . Clean out the ditch from the low point In the roadway by Wetland Point 7 along the south edge of the wetland to just east of Wetland Point 8 to remove accumulated sediment and Improve drainage Into the wetland. .3. The eastern half of the wetland is separated from the ditch by a tree-covered berm. The southeast wetland edge Is at an average elevation of 999.09 ft and the top of berm average elevation Is 999.44 ft. We propose to excavate a 3:foot wide swale In the berm with a bottom elevation of 999.20 ft (approximately 3 Inches deep) In the berm to provide additional drainage during periods of heavy snowmelt and rainfall run-off. The wetland appears to have been created by the Initial construction of Joy Rd but has been present for at least 60 years, It has high quality vegetation (Lake sedge I Carex lacustrls) and the local Wetland Conservation Act LGU has graded It with a high MnRAM rating. Ramsey County Intends to avoid any direct Impact to the wetland, but there may be some volume loss during periods of heavy precipitation due to the larger discharge point. The wetland delineation and supporting documents are discussed In the following pages. Ramsey County Public Works ~ Joy Rd Wetland SUbmittal September 28,2011 ) '. Wetland Point The wetland point was about five feet inside of the eventual wetland boundary. The dominant vegetation was Lake Sedge, Reed Canary Grass (Phalar/s arundlnacea), and Rlv<1rbank Grap<1 (Vltus rlparla) und<1r a canopy of Basswood, Buckthorn, and SlIv<1r Map (Acer sacchar/num). The, surfac<1 soli was a moist silty loam with saturat<1d solis n<1arby, The boring location had surface water as r<1c<1ntly as one ortwo weeks before. The soli transltioned to loamy slit with mottling at 3.5 inches depth. Compacted slit start<1d at 20 Inches d<1pthand at 29 Inch<1s changed to a mlxtum of mottled and gleY<1d clayey slit with undecompos<1d root structur<1, Soli saturation was not encount<1r<1d until 18 Inches below depth which was surprising due to the high precipitation of th<1 r<1C<1nt months. , Wetland Dellneat/on Discussloll A coupl<1 of factors mad<1 the <1stabllshment of th<1 d<1lin<1ation line rath<1r difficult, The solis encountered did not match th<1 mapp<1d soli type from the web soli survey nor the typical wetland solis found 'elsewhere In the immediate area. Soil borings along the pmsumed wetland boundary found tightly pack<1d solis (Slit/clay) with mottling within 1 ft of th<1 surface that ext.ended In a much wider area than what was delineated. These characteristics were also encountered on th<1 berm separating the wetland from the ditch line. These solis were not included In the wetland, b<1cause the clayey solis wer<1 bone dry at d<1pth at th<1 end of a V<1ry W<1t summ<1r <1V<1n with saturat<1d or nearly saturat<1d soli at the surfac<1. , EV<1n at the w<1tland transect point; the soli became less saturated with depth with no water table encountered beyond what had been observed at the surface. The wetland more than likely originated , from road construction blocking runoff to Sliver lake and compacting the solis resulting In water being held at the surface during the early spring and during heavy rain events. Th<1 wetland boundary was det<1rmlned, as a result, by the preval<1nc<1 of Basswood tre<1S (wetland Indicator rating of Facultativ<1 Upland) on th<1 w<1stern, north<1rn, and <1ast<1rn sld<1s and along th<1 berm on th<1 southeast boundary of th<1 wetland, The to<1 of slope was uS<1d along th<1 south roadsld<1 boundary. The <1stablishm<1nt of th<1 W<1st<1rn corn<1r was difficult dU<1 to th<1 pmsenc<1 of saturat<1d salls perch<1d on top ofth<1 hard roadside base. , Removal of the sediment in th<1 ditch line to tlm east should b<1 conslder<1d routine maintenance of an existing stormwat<1r conveyanc<1. Any hydric conditions In the ditch are th<1 result of the accumulat<1d sedlm<1nt. Figures Attachments FIGURE 1: Site locator FIGURE 2: USGS Topo Map FIGURE 3: Wetland Delineation & Site Plan Map FiGURE 4: National W<1tland inventory Map FiGURE 5: Joy Road Ar<1a Solis Map W<1tland Delineation Data Sheets Precipitation Charts Site Photos Ramsey County Public Works ~ Joy Rd Wetland SubmIttal Seplember 28. 2011 ,. , Wetland Delineation Results The delineation was conducted on September 1, 2011 by RCPW Environmental Specialist Alan Rupnow (MnWDCP Master In-Tr~lnlng Certification #5011). The total delineated wetland area was 281Mt' (0.065-acre) divided Into two halves by wetland type. The western half was a 1693-ft' Type 2 wet meadow (Cowardln - PEMB) dominated by Lake Sedge (Carex lacustris), The eastern half was an 1124-ft' Type 1 seasonal depression (Cowardln - PFOA) dominated by bare earth under a Basswood (Tilla americana) canopy. The wetland has a smaltdralnagearea made up by Joy Rd on the south side and mixed' hardwood hillside to the north and northwest. The surrounding area Is parkland owned by the City of Maplewood with Sliver Lake (#62-0001) across Joy Rd to the south. Two shallow marsh wetlands are located 200 feet to the northwest and 400 feet to the northeast, but are not directly connected. Aerial review of the wetland on the Ramsey County GIS webslte confirms its presence during each year provided (1940, 1953; 1974, 1983, 1991, 2003, 2006, 2008, and 2009) with the exception of 1940 where the photographic evidence was Inconclusive. A farmstead was observed about200 feet to the northeast, but that was largely gone by 1953. Joy Rd was present from 1940 forward. Lydia Ave was constructed 225 feet to the west by 1974; the intersection appears to have been constructed between 1991 and 2003, but there was no apparent Impact to the wetland. Rainfall during the aerial photo years varied with most years receiving average to low rainfall. Rainfall was In the >70th percentile range only in 1991. The ra[nfall for the current year Is shaping up to be much heavier than normal. This was taken Into account when determining the. wetland boundary by hydrologic Indicators. The soli survey Indicated Kingsley sandy loam (6-12% slopes) a well drained soli with a typical depth to restrictive feature of >80 inches. The local native wetland solis appear to be Markey Muck (Very poorly drained with a depth to restrictive feature >80 inches) located underneath the nearby Shallow marsh wetlands. The wetland transect was located on the north side of the wetland. The upland point was about 15 feet outSide of the wetland boundary, and the wetland point was 5 feet Inside of the wetland. The delineation data forms may be found In the Attachments at the end of this report. Unland Point Dominant vegetation was all Facultative Upland with American basswood (T. arner/cana), Common buckthorn (Rhamnus cathartica), and a few herbs and woody vines In smaller but dominant abundance. The soli was a sandy slit loam that changed Into a mottled slit loam at 12 Inches depth. Compacted silty clay was found at 20 Inches that was very hard to work. No water table or saturation was encountered although the clay became higher in moisture content and more workable at 32 Inches. Ramsey Counly PUbllc Works ~ Joy Rd Wetland Submittal September 28, 2011 Cl.. C'O ~ C C'O 0... CJJ ....... V) I '- C'O Cl.. CJJ ex:: CJJ tI.O C'O C C'O '- 0 -0 C C'O C 0 ...... C'O CJJ C CJJ 0 -0 C C'O ...... CJJ :s: -0 ex:: >- 0 ..... m CJJ '- ::l .tI.O LL. 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