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HomeMy WebLinkAbout07/19/20041. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, July 19, 2004, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. June21, 2004 5. Public Hearings None 6. New Business a. Conditional Use Permit - Commercial Equipment Parking (65 Larpenteur Avenue) 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. June 28 Council Meeting: Ms. Fischer b. July 12 Council Meeting: Mr. Pearson c. July 26 Council MeeUng: Mr. Trippler d. August 9 Council Meeting: Mr. Desai 10. Staff Presentations a. Annual Tour 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JULY 19, 2004 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7:33 p.m. Tonight's meeting was delayed hour due to attendance issues. II. ROLL CALL Chairperson Lorraine Fischer Commissioner Jeff Bartol Vice-Chairperson Tushar Desai Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mary Dierich Michael Grover Daniel Lee Paul Mueller Gary Pearson Dale Trippler Present Present Absent Present Present at 7:40 p.m. Present Absent Absent Present Staff Present: Ken Roberts, Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda. Commissioner Bartol seconded. Ayes - Bartol, Dierich, Fischer, Grover, Lee, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for June 21,2004. Commissioner Dierich requested changes to the minutes on page 3, in the first and second paragraph, and on page 7 in the first paragraph. Commissioner Dierich asked Commissioner Bartol to clarify what he meant to say on page 3, in the first paragraph, in the third sentence. Commissioner Bartol said he would recommend the wording be changed to read: He askedifthe creek was of concern to this property and the answer was, no it was not, other than its proximity to the property. Commissioner Dierich had another correction on page 3, second paragraph, first sentence should read Mr. Roberts said a-previeus planning commissioner previously had much discussion about what the correct definition of a creek or a stream was. Planning Commission Minutes of 07-19-04 -2- Commissioner Dierich had another correction on page 7, in letter a., in the third line, it should read: Trout Land Development west of Highway 61 and the new County Road D is being reworked because of the planning commission's desire to have a decrease in density and that the developer had a specific builder interested in the townhomes and wanted to bring the plan back in a completed form. Commissioner Bartol moved to approve the planning commission minutes for June 21,2004, as amended. Commissioner Dierich seconded. Ayes- Bartol, Dierich, Fischer, Grover, Lee, Trippler V. PUBLIC HEARING None. VI. NEW BUSINESS a. Conditional Use Permit- Commercial Equipment Parking (65 Larpenteur Avenue) Mr. Roberts said Mr. David Conover is requesting that the city approve a conditional use permit (CUP) for the property at 65 Larpenteur Avenue East. This request is to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. His sons live at this property and want to keep the commercial equipment there as part of their business. The city code requires city council approval of a conditional use permit to keep a heavy commercial vehicle (more than 1 ton) on a residential property. Commissioner Trippler asked if the applicant is aware of condition number 7.? It states that this permit shall end in five years. If the applicant is aware of this condition is he agreeable to the condition? Mr. Roberts said he hopes the applicant is aware of that condition. However, Mr. Conover was out of town and just received a copy of the staff report a few minutes ago. Commissioner Bartol said he understands that this CUP will be reviewed in 1 year and if it passes it will remain in effect for four years with no additional review? Mr. Roberts said typically CUP's are reviewed once a year unless the city staff receives a complaint regarding that particular address. Then the city would require the applicant to come back to the city council for review. Commissioner Dierich asked Mr. Roberts to clarify what he was referring to in condition 1. b. regarding parking the equipment in an enclosed structure? Mr. Roberts said if the applicant were to build something on that piece of property it would have to be a large garage. Mr. Roberts said without speaking to the applicant he would only guess that the applicant may not want to invest the money into a large garage if they can only have the equipment on the property for five years. They could use the garage to park cars and other things in but as the condition is written the garage structure is not required. Planning Commission Minutes of 07-19-04 -3- Commissioner Dierich asked what kind of dump trucks and loader staff was referring to? Mr. Roberts said he understood the loader to be a typical bobcat with a front bucket. However, the applicant could better answer that question. Commissioner Trippler asked staff what the code was for commercial vehicles in a residential neighborhood? Mr. Roberts said there are two parts to that question, the size of the vehicle and the type of vehicle that it is. Any truck or vehicle that is more than 1 ton, by definition, is a commercial vehicle. Also within the commercial vehicle definition there is a list of commercial equipment such as backhoes, diggers and bobcats that fall under that category as well. The code says you can have 1 light commercial vehicle, which is less than 1 ton that is used commercially, or heavy commercial vehicles, which are more than 1 ton and require a CUP and city approval to park in residential neighborhoods. Commissioner Trippler said the reason he asked that question was he and Commissioner Bartol were at the site on Sunday afternoon and noticed across the street from 1702 Abel at 1705 Abel Street there was a commercial truck which was about 3 or 4 tons parked in the driveway. He asked if the city staff was aware of a CUP permit to park in residential at that address? Mr. Roberts said he wasn't aware of a permit at that address so they are probably not parking there legally. He visited the site about three weeks ago during the day and didn't see the truck there but if Commissioner Bartol and Trippler were there during the weekend chances are they do not have permission from the city to park there. Commissioner Bartol asked if it was correct that commercial vehicles should not be parked on public streets and should only be parked on your own driveway or on your own property with city approval? Mr. Roberts said there is no overnight parking anywhere in the city and the vehicles need to be on a driveway or a parking pad. Commissioner Bartol asked what harm would be done if the commercial vehicles are parked on a gravel surface in your yard? Mr. Roberts said the reason the city requires a hard surface driveway or parking pad that meets the applicable city code requirements is to make sure the surface is something that will last and not wash away and turn into a muddy hole. Commissioner Bartol said he was interested to read that the city allows vehicles to idle for 30 minutes in any one-hour period as shown in condition number 2. In his opinion, 30 minutes for a large piece of machinery to remain idling seems excessive. If he were a neighbor he would find that noise offensive and asked if it's really necessary to run the vehicles that long? Mr. Roberts said it's necessary to idle large trucks for 30 minutes in the winter to keep the fuel from gelling. Planning Commission Minutes of 07-19-04 -4- Commissioner Bartol said he read condition number 3. stating no dumping or storage of materials on the property. When he was at the site he noticed there was a large pile of dirt and some equipment stored on the east side of the site. Mr. Roberts said when he was at the site he saw three long charcoal grills on trailers along with some other trailers. He did not see any dirt piles on the site when he visited the site. Commissioner Dierich asked staff if the city was allowing any commercial signage on this property? She is "gun shy" so to speak after allowing the revision to the Schlomka's permit for their property in south Maplewood. They parked a rusty old tractor with signage on it and then down the street there are two more trucks, which are a real eye sore. Mr. Roberts said the city is not allowing any commercial signage but if the commission wanted to add additional language to the condition and resolution to ensure that didn't happen they could do that. Commissioner Dierich asked if maintenance included washing the vehicles or should the commission include separate language to accomplish that? She was concerned about the neighbor that wrote in stating a concern about her well getting contaminated. She would like the commission to add language to keep that from happening. Mr. Roberts said he was more concerned about oil changes and lube jobs contaminating the soil. He said people wash their vehicles everywhere and soap and water runs onto property without causing contamination. Commissioner Trippler asked if the engineering department had looked at whether ground water moves in a northerly direction or not? Mr. Roberts said no. His guess is that the ground water would go east towards the existing hole near Jackson Street. Commissioner Trippler said if they were following the rules and regulations, anybody hauling off a hazardous waste site the vehicles would have to be deconed before being allowed to leave the project site. He is more concerned about working on the trucks and the soil being contaminated. Chairperson Fischer asked the applicant to address the commission. Mr. David Conover, 1702 Abel Street, Maplewood, addressed the commission. He said his sons are starting a new business and there are quite a few expenses to start a new business and are trying to cut corners anywhere they can. His sons don't know how to service these large trucks and equipment and would have to be brought off site to a shop be serviced. He is concerned about condition number 2, regarding the hours their vehicles can start. Sometimes a contractor may require their trucks to be at a site at 7:00 a.m. so they would have to start the trucks before 6:30 a.m. He said the trucks are no louder than his lawn mower and shouldn't cause a disturbance. The reason you run the trucks for 30 minutes is to build up air pressure in the brake lines. Without doing that you could cause a real problem on the road. He said he and his sons are willing to do what they have to comply with the city's conditions. Planning Commission Minutes of 07-19-04 -5- Commissioner Trippler asked approximately how long the trucks had been parked on the property before they were required to apply for the conditional use permit? Mr. Conover said the vehicles were parked on the property all last winter until someone called and complained to the city they didn't think they needed a special permit from the city. He admitted there is a pile of dirt on the property. He was on vacation and has not had a chance to get the dirt moved. The dirt is to fill in a Iow spot on the property. Commissioner Trippler said the reason he asked was he wanted to see if the neighbors had a chance to get used to seeing the vehicles running, idling and being stored on the property. Mr. Conover said yes they have. Commissioner Dierich asked how large the trucks were? Mr. Conover said the trucks are 16 yards. Commissioner Bartol asked if the trucks left in the morning and didn't return until the evening hours? Mr. Conover said correct. Commissioner Grover asked if the permit as it reads is for two trucks and a loader or does the city need to be more specific with exact language? Mr. Conover said this is a new business and there isn't any additional money to buy more equipment. Mr. Roberts said to clarify at the bottom of page 1 in the staff report in the introduction of the resolution, it states up to three heavy commercial vehicles (two trucks and a loader) so the intent was to limit the number of vehicles on the site. Commissioner Trippler moved to approve the resolution on page 12 of the staff report. This resolution approves a conditional use permit for Mr. David Conover to store or park up to three heavy commercial vehicles (two trucks and loader) on the property at 65 Larpenteur Avenue East. This permit shall be subject to the following conditions: 1. The owner or operator of the trucks and equipment doing the following: a. Residing on the property. b. Parking the trucks and equipment in an enclosed structure or on a hard surface driveway or parking pad that meets the applicable city code requirements. The parking location for the vehicles shall be as close to the existing driveway and the house as possible. c. Not parking the trucks or commercial equipment on a public street. Planning Commission Minutes of 07-19-04 -6- The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than two periods, lasting thirty (30) minutes each, in one twenty-four (24) hour period. There shall not be any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m. 3. There shall be no dumping or storage of construction or building materials or supplies on the property. 4. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. 5. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. 6. The city council shall review this permit in one year. This permit shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. Commissioner Lee seconded. Ayes - Bartol, Dierich, Fischer, Grover, Lee, Trippler The motion passed. This item goes to the city council on August 9, 2004. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Ms. Fischer was the planning commission representative at the June 28, 2004, city council meeting. Ms. Fischer said items to be discussed were the appointments of the chairs, public hearings and Legacy Village. The city council decided not to appoint the chairs and to leave things as they were. The public hearing ordinance amendment passed. The concern was that the city council has a city attorney present to guide them at their meeting and the planning commission doesn't. To have a city attorney present at the planning commission public hearings would be an additional cost and the city probably doesn't have that in the budget. The commission had asked if they would be receiving some in-service training and Mr. Roberts said he believed that would happen. The Legacy Village items were pulled because of some changes to the parking plan so that would be discussed during a later city council meeting. Planning Commission Minutes of 07-19-04 -7- b. Mr. Pearson was the planning commission representative at the July 12, 2004, city council meeting. Because he was absent from tonight's meeting Mr. Roberts gave the report. Mr. Roberts said the city council meeting went until almost 1:00 a.m. Mr. Roberts stayed until 12:00 a.m. The Cahannes Estates preliminary plat off Minnehaha Avenue for 10 single-family homes was approved. The Maple Tree Townhomes on Southlawn Avenue was denied on a 3-2 vote. The city council was concerned about the design and the amount of impervious surface. Mr. Brandt, the developer, is working with the city council to try and bring a revised plan back to the city council for reconsideration. Mr. Roberts said the Trout Land Development off Highway 61 and the new County Road D was approved for the comprehensive plan amendment to have medium density on the west side and for commercial land uses on the east side. They approved a collector street designation for County Road D. Instead of a conditional use permit for a PUD the city council approved a rezoning for the west side to R-3 so it doesn't tie the city to any specific site plan or development plan. The M-1 zoning on the east side remained. They also approved the preliminary plat, which dedicates the right-of-way for County Road D and outlines the lots that will have to come back for individual site design approvals. There was a public hearing regarding Highway 1-94 by 3M. MnDot is proposing to expand the road to three lanes and need local approval. MnDot had already been to Oakdale and Woodbury for approval. One of the neighbors wants more sound walls built as part of the project and MnDot said they don't have money in the budget. Tests show that 3 or 4 homes would have noise decibels lowered 1 or 2 decibels at a cost of $300,000 and MnDot felt that the cost wasn't justified. Chuck Ahl said an alternative plan would be for the city to sign off on the plans with the understanding that MnDot would work with the city on a berming and landscaping plan to help with the sound deadening. The city and MnDot would form some type of work neighborhood plan to further work on this. The city council authorized Chuck Ahl to hire a consultant to do some sound testing for the city because some of the neighbors were skeptical of the MnDot results. Olivia Gardens, the 14 townhomes off Stillwater Road had been tabled by the city council a month before. The developer came back with a better plan changing the design of the road, the positioning of the townhomes, and the placement of the garages, and then it passed. Lastly, the second reading of the code amendment for the public hearings was approved. Once this is published the planning commission will hold the public hearings, which would be soon. c. Mr. Trippler will be the planning commission representative at the July 26, 2004, city council meeting. The only item to discuss would be the Heritage Square II addition at Kennard Street and Legacy Parkway. Mr. Roberts said Mr. Ekstrand would review this information with Mr. Trippler and he would send an updated copy in the mail tomorrow. Planning Commission Minutes of 07-19-04 -8- d. Mr. Desai was to be the planning commission representative at the August 9, 2004, city council meeting however, he wasn't present at tonight's meeting. Mr. Bartol volunteered to switch places with Mr. Desai. Items to discuss include the CUP-Commercial Equipment Parking at 65 Larpenteur Avenue. X. STAFF PRESENTATIONS a. Annual Tour Mr. Roberts reminded commissioners of the Wednesday, August 11,2004, annual tour at 5:30 p.m. Xl. ADJOURNMENT The meeting was adjourned at 8:40 p.m.