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HomeMy WebLinkAbout03/02/1998 MAPLEWOOD PLANNING COMMISSION Monday, March 2, 1998 7:00 PM City Hall Council Chambers, 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Minutes February 2, 1998 4. Approval of Agenda 5. New Business a. Conditional Use Permit - Telecommunications Tower, Western Hills Park (1750 Adolphus Street) B. Private Driveway Turn Back Request - Deer Ridge Lane (Crestview Forest Townhouses) Unfinished Business a. Rezoning (R1 to LBC) - 1695 McKnight Road b. Delavari Convenience Store (County Road C and Highway 61) - Variance From Residential Property Line - Parking Lot Setback Variance - Conditional Use Permit - Fuel Station and Car Wash - Conditional Use Permit - Hours of Operation - Parking Reduction Authorization Visitor Presentations Commission Presentations a. February 9 Council Meeting: Ms. Fischer b. February 23 Council Meeting: Mr. Pearson c. March 9 Council Meeting: Mr. Frost d. March 23 Council Meeting: Ms. Brueggeman Staff Presentations Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION · 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MARCH 2, 1998 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Bunny Brueggeman Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Milton Knoll Commissioner Matt Ledvina Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson Absent Present Present Present Present Present Present Present III. APPROVAL OF MINUTES February 2, 1998 Commissioner Pearson moved approval of the minutes of February 2, 1998, as submitted. Commissioner Thompson seconded. Ayes--Fischer, Ledvina, Pearson, Rossbach, Thompson Abstain--Frost, Knoll The motion passed. IV. APPROVAL OF AGENDA Commissioner Frost moved approval of the agenda as submitted. Commissioner Rossbach seconded. Ayes--all The motion passed. V. NEW BUSINESS A. Conditional Use Permit--Telecommunications Tower, Western Hills Park Commissioner Thompson said he was advised to abstain from voting on this issue. Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commission. Peter Coyle, an attorney with the Larkin, Hoffman firm of Bloomington, was present representing Aerial Communications and APT of Minneapolis, Inc., the applicant. Mr. Coyle said this site is an acceptable alternative to the preferred site which was the Mn/DOT property on McMenemy Street. Mr. Coyle stated this highly-traveled area is critical for antenna placement because there is a "notable hole" in cellular service coverage in this area. Planning Commission Minutes of 03-02-98 -2- Mr. Coyle explained that Aerial Communications would build the tower at a cost of "a couple hundred thousand dollars" but would then turn it over to the City so that future revenue from additional facilities on the tower would go to the city. According to Mr. Coyle, Aerial would expect to negotiate a long-term lease with the city to allow Aerial to recover its investment with rent abatements for the amortization period. Then Aerial, along with any colocater, would pay rent to the city. Michael Rourke, director of engineering operations for APT, spoke about the height needed for this tower. Mr. Coyle added that the Aerial system is designed at a '165-foot standard. Mr. Rourke said the topography of the proposed site is about 10 feet lower than the Mn/DOT site. Mr. Coyle gave some background information on the lawsuit that is currently pending in district court between Aerial and the City of Maplewood. Aerial is suing because the Maplewood City Council denied their request to put a cellular tower on the Mn/DOT site. Audrey Duellman, 1843 DeSoto Street, felt the Mn/DOT property was better suited for this tower. She said Western Hills Park is a small neighborhood park that is frequently used by area residents. Commissioner Frost thought it was bad public policy to locate towers in city parks. Commissioner Rossbach agreed with Mr. Frost. Mr. Rossbach compared the topography of the Mn/DOT site with the park. He said fewer people could see the full extent of the tower if it were located on the Mn/DOT property. Commissioner Frost pointed out that the M-1 zoning classification was retained for the Mn/DOT property. He felt, because of this, the rationale for denial of the previous request for the tower at the Mn/DOT site is no longer valid. Commissioner Thompson was of the opinion that some input from the parks department or commission would have been appropriate before the tower ordinance was adopted. Chairperson Fischer said using "unique hardship" as justification for a variance was difficult because the request for placement on a site that required no variance was recently denied. Commissioner Pearson agreed and said he thought a variance could not be predicated on an economic consideration (receiving income). Commissioner PearsOn moved the Planning Commission recommend denial of a variance to erect a 164-foot-tall monopole for telecommunications equipment at the Western Hills Park, 1750 Adolphus Street. Commissioner Ledvina seconded. Commissioner Frost suggested that the commission recommend reconsideration of the Mn/DOT property by the city council. Commissioner Knoll supported denying this proposal and requesting the council to review the Mn/DOT site AyeswFischer, Frost, Knoll, Ledvina, Pearson, Rossbach Abstain--Thompson The motion passed. Commissioner Frost moved the Planning Commission recommend the city council reconsider the previously submitted request for a conditional use permit on the Mn/DOT property site on the east side of Interstate 35. Commissioner Rossbach seconded. Planning Commission Minutes of 03-02-98 -3- Ayes--Fischer, Frost, Knoll, Ledvina, Pearson, Rossbach Abstain--Thompson The motion passed. Melinda Coleman, director of community development, recommended the planning commission take action on the conditional use permit. Commissioner Ledvina moved the Planning Commission recommend denial of the conditional use permit for a monopole and related equipment in an F (farm residence) district. Commissioner Pearson seconded. Ayes--Fischer, Frost, Knoll, Ledvina, Pearson, Rossbach Abstain--Thompson The motion passed. B. Private Driveway Turn Back Request--Deer Ridge Lane (Crestview Forest Townhouses) Commissioner Knoll said he was directly involved with this issue and would not vote on it. Ken Haider, director of public works, presented the staff report. Mr. Haider said Deer Ridge Lane looks like and is essentially constructed like a city street. According to Mr. Haider, the main differences are the setbacks and rights-of-way. He said the city's main concern is the level of service for snowplowing--private streets are plowed differently than city streets. Mr. Haider recommended a meeting with the townhouse association and residents to discuss their expectations before this request is reviewed by the city council. He pointed out that there was no recommendation and that basically this was a policy issue. Mr. Haider answered questions from the commissioners. Commissioner Rossbach commented that, to him, setbacks were very important. He did not think that this road looked like a city street. Commissioner Pearson did not see a public need or hardship for the city to absorb this responsibility that is handled well by the homeowners' group. Commissioner Thompson said snow storage in this area "is an acute problem." Mr. Haider said the minimum street width allowed in Maplewood has been 28 feet but 60 foot right- of-ways have been required. He said there usually is a parking restriction on one side of a 28-foot street. Mr. Haider thought it was important to establish some criteria to limit future approvals to some reasonable level based on merit, not number of requests. Stan Clasen, president of Crestview Forest Association, maintained that the original purchasers of the townhomes were not informed that the street would be substandard. Mr. Clasen said the residents have agreed to retain the person who presently does their plowing to plow the driveways and move the snow out of the way. He summarized by saying the townhomes should either receive a reduction in taxes or the city should provide the services. Peter Sajevic, 582 Deer Ridge Lane, said his concern was for their streets and asked for the city's support in this venture. Commissioner Knoll said, because the city issued variances for substandard streets to developers who are sometimes no longer present in the area, the city has an obligation to correct these mistakes that were made. Ken Roberts said there is an area on the truth-in-housing forms for the Planning Commission Minutes of 03-02-98 -4- owner to disclose if there are any covenants or deed restrictions that go with the property. These forms, however, do not ask anything specific about the street or driveway. Commissioner Frost had no problem sending this request to the city council but thought a full study on this type of street should be done and a policy determined. Commissioner Pearson saw this as "absolutely fraught with problems and future claims and changes in property, streets, and appearance." He said he would not support it at all. Commissioner Rossbach wasn't sure the city should accept this street as a city street. He said these streets were set up specifically in this manner to allow this development to happen. Mr. Rossbach requested the city council "take extreme caution in proceeding on this." He also advocated a complete study that would not be on an individual basis. Commissioner Rossbach moved the Planning Commission recommend the city council to authorize staff to make a city-wide survey to see how many streets actually look like city streets but are substandard and then take appropriate action. Commissioner Frost seconded. Commissioner Pearson asked for a friendly amendment to have the study include the number of miles of streets in manufactured-home communities who could meet any definition that would be determined. Commissioner Rossbach said his motion was for streets "that exist that would meet whatever definition Mr. Haider" used. Commissioner Pearson withdrew his motion. Chairperson Fischer suggested Mr. Pearson add his verbage to Mr. Rossbach's amendment. Mr. Pearson agreed. Chairperson Fischer seconded the amendment to the motion. Ayes--(3) Nays--(3) Abstain--Knoll The amendment failed. (The vote on the mot!on) Ayes--Fischer, Frost, Ledvina, Pearson, Rossbach, Thompson Abstain--Knoll The motion passed. VI. UNFINISHED BUSINESS A. Rezoning (R1 to LBC)--1695 McKnight Road Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commissioners. Melinda Coleman, director of community development, said she did not specifically ask the Metropolitan Council about this site. Her concern was about pushing development ahead of schedule by forcing rezoning, i.e. large property near the Maplewood Mall. Mrs. Coleman thought there was no benefit in leaving this site on McKnight zoned residential. She cautioned the commission that, if these properties are not rezoned, there must be good reasons given in the written part of the comprehensive plan to justify these inconsistencies. Commissioner Frost moved the Planning Commission recommend approval of the resolution which changes the zoning for the property at 1695 McKnight Road from R-1 (single dwelling residential) to LBC (limited business commercial). The city should make this zone change Planning Commission Minutes of 03-02-98 -5- because: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of the neighboring property 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. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. State law now requires all cities in the metropolitan area to have consistent zoning and land use plans. The RamseY County Assessor's Office said that the zoning change should not affect the property taxes of the site. Commissioner Pearson seconded. Ayes--all The motion passed. Delavari Convenience Store (County Road C and Highway 61): Variance from Residential Property Line, Parking Lot Setback Variance, Conditional Use Permit-House of Operation, and Parking Reduction Authorization Ken Roberts, associate planner, presented the staff report. He said it is not necessary to consider the requests for a parking lot setback variance and a conditional use permit for the hours of operation since these have been satisfied. Alan Kretman was present representing the developer and owner of the property, Ali Delavari. Mr. Kretman showed aerial photos of the area and talked about surrounding property. He described and showed plans for some site changes that have been made to the original proposal. Commissioner Frost thought the applicant had made definite improvements to the original plan. Mr. Frost also commented that he thought the city policy requiring inground sprinkler systems for all commercial developments was unnecessary. He preferred that the city encourage plantings that do not need sprinklering. Commissioner Rossbach disagreed. He saw this development as "crowding a lot of impervious surface into one space and funneling it down through one channel directly into Kohlman Lake." He said the city was not following its own ordinance because it does not have set criteria to evaluate each site. Mr. Rossbach also said it was already difficult to see traffic from the east at Maplewood Drive and County Road C and this project would intensify that problem. Mr. Rossbach did not like having the separate piece of land on the east count into the calculations and be considered part of the whole parcel. Mr. Kretman responded by saying the design of the road at County Road C was the problem, not the project. He said their standards have been reduced to comply with the shoreland ordinance in regard to impervious surface. Mr. Kretman pointed out that the water from their site will pass through a sedimentation basin before it enters Kohlman Lake. Planning Commission Minutes of 03-02-98 -6- Commissioner Frost did not see the setback variance or the parking reduction request as issues. He supported this proposal. Commissioner Rossbach asserted that Highway 61 was not "an excuse" for the drainage because the drainage from the site would go down the ditch and through a pipe under Highway 61 to Kohlman Lake. He felt pollutants from this site will go directly to the lake. Commissioner Thompson said he was most concerned about the petroleum contaminants in the runoff. Commissioner Frost moved the Planning Commission recommend: Ao Adoption of the resolution which approves a variance to build a major motor fuel station and car wash 235 feet from residentially-planned property (the code requires 350 feet). This variance is based on the following findings: Compliance with the ordinance would cause the developer undue hardship because the residential property that is closer than 350 feet away is undeveloped highway-frontage property. There would be no negative impact on this residentially-zoned land. 2. Approval of the variance would be in keeping with the spirit and intent of the ordinance since it would not negatively affect the residentially-planned property. 3. The proposed site is buffered from the residentially-planned land by Highway 61. B. Adoption of the resolution which approves a conditional use permit to build a fuel station and car wash at the northeast corner of Highway 61 and County Road C. Approval is based on the findings required by the ordinance and 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 construction 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 city council may require additional parking spaces in the future if a parking shortage develops. This may require a setback variance from the city council. 5. The city shall not allow a lot division to occur that would separate the 40-foot-wide portion of this site from the main part unless the shoreland ordinance would continue to be met. C. Approve a parking-space reduction to allow nine parking spaces (six fewer than the code requires). Approval is because: 1. Most of the customers that would be in the store are fuel customers who would leave their cars at the pump islands. 2. There is room to add parking spaces along the west side of the site if more are needed. The city council may require additional parking spaces in the future if a parking shortage develops. This may require a setback variance from the city council. Commissioner Thompson seconded. Planning Commission Minutes of 03-02-98 -7- Commissioner ThomPson asked to have the following added: B. 6. The city shall require a pond skimmer. Commissioner Frost agreed. The motion passed. Ayes--Fischer, Frost, Ledvina, Thompson Nays--Knoll, Pearson, Rossbach Mr. Kretman offered to work with the planning commissioners in an attempt to alleviate any concerns they might have. Chairperson Fischer mentioned an access easement for the property to the east. Commissioner Rossbach suggested, as a "good neighbor" policy, that there be no outside speakers or have them turned down, that the neon be removed from the building, that there be no after-hour deliveries and that the hours of the car wash operation be limited (8 a.m. to 9 p.m.). Commissioner Pearson said his opposition to this proposal was that County Road C and Maplewood Drive would be a dangerous intersection. VII. VISITOR PRESENTATIONS VIII. There were no visitor presentations. COMMISSION PRESENTATIONS A. February 9 Council Meeting: Ms. Fischer reported on this meeting. B. February 23 Council Meeting: Mr. Pearson reported on this meeting. C. March 9 Council Meeting: A commissioner is not needed for this meeting. D. March 23 Council Meeting: Mr. Rossbach will attend this meeting. IX. STAFF PRESENTATIONS Ken Roberts, associate planner, mentioned that Jerry Mogren, a former member of the planning commission and active Maplewood resident, had died. X. ADJOURNMENT The meeting adjourned at 9:58 p.m.