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HomeMy WebLinkAbout09/01/19981. Call to Order 2. Roll Call 3. Approval of Minutes August 3, 1998 4. Approval of Agenda MAPLEWOOD PLANNING COMMISSION Tuesday, September 1, 1998 7:00 PM City Hall Council Chambers 1830 County Road B East Public Hearings A. Gladstone Meadows - Donna Senty Drive (1) Land Use Plan Change (LBC to R-1S) (2) Zoning Map Change (LBC to R-1S) (3) Street Right-of-Way Vacation (4) Preliminary Plat New Business A. Conditional Use Permit - Sprint PCS Telecommunications Tower (1221 Frost Avenue) B. Construction Agreement - Single-family Home (1491 Henry Lane) C. Conditional Use Permit - Bondeson Enterprises (1420 County Road D) Visitor Presentations Commission Presentations A. August 24 Council Meeting: Mr. Ross bach B. September 14 Council Meeting: Ms. Fischer C. September 28 Council Meeting: Mr. Pearson Staff Presentations Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA SEPTEMBER 1, 1998 I. GALLTO ORDER Chairperson Fischer called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Matt Ledvina Commissioner Paul Mueller Commissioner Gary Pearson Commissioner William Rossbach Commissioner Michael Seeber Commissioner Milo Thompson Commissioner Dale Trippler Present Present Present Present Present Present Absent Present Present III. APPROVAL OF MINUTES August 3, 1998 Commissioner Frost moved approval of the minutes of August 3, 1998, as submitted. Commissioner Rossbach seconded. Ayes--Fischer, Frost, Ledvina, Rossbach, Thompson, Trippler AbstainmPearson, Mueller The motion passed. IV. APPROVAL OFAGENDA Commissioner Frost moved approval of the agenda as submitted. Commissioner Thompson seconded. Ayes--all The motion passed. V. PUBLIC HEARINGS Gladstone Meadows--Donna Senty Drive: Land Use Plan Change (LBC to R-1S), Zoning Map Change (LBC to R-1S), Street Right-of-Way Vacation and Preliminary Plat Ken Roberts, associate planner, presented the staff report. Mr. Roberts pointed out that, even though surrounding sites are zoned R-2, they have developed with single-family homes. Because the applicant does not intend to build duplexes, staff suggested R-1S zoning to allow for a small lot size while ensuring that twin-homes or duplexes would not be built in the future. Commissioner Trippler observed that, as he looked at the map, on the east side "there are three homes that are sitting in the same place as you are going to have five. And on the west side you are going to have two homes sitting in the same location as you are going to have five." He did not think this arrangement fit in very nicely. Planning Commission Minutes of 09-01-98 -2- Mr. Roberts pointed out that the new lots would be only 60- to 66-feet-wide while some of the existing lots are much larger. He asked if this proposal is a reasonable alternative to what the existing land use and zoning would allow. Commissioner Thompson noted that there was no turnaround at the end of Donna Senty Drive near Lot 5. He envisioned garbage trucks backing down the street and cars turning around in driveways. Ken Haider, city engineer, commented that 120 feet of right-of-way is required for a cul-de-sac and this street only has 60 feet. He said the proposal is to add pavement to the existing area where snowplows, etc. turn around now and continue it on as a driveway into the house on Lot 5. Mr. Haider added that, basically, they will continue to have what they have today as an area for turnaround. Commissioner Thompson also asked that this proposal be motivation to clean up some of the area to the west. Mr. Roberts said the reason for recommending that Lots 1-4 be shown as 66-feet-wide and Lot 5 with the remainder of the street frontage is to ensure that Lot 5 had enough lot area. Because of losing part of the right-of-way and not being able to vacate all of it, the lot area of Lot 5 was reduced. Thus, Lots 1-4 each lost four feet. After inspecting the site, Mr. Haider felt there would be adequate elevation on Lot 5 for runoff. Commissioner Frost asked about public access to the Department of Natural Resources trail from Donna Senty Drive. Mr. Roberts said the DNR trail land does not abut the end of Donna Senty Drive. There is a small piece of land in between the trail and the street that is owned by one of the railroads. Because this piece is privately owned, the city probably cannot require a connection to the trail at this site. He said that the city engineer did not think it was prudent, at this time, to vacate the remaining portion of Curve Street north of Lot 5 because of snow storage and other concerns. Ken Roberts said that when the city vacates property it goes back to the land that originally dedicated it. Therefore, if the remaining portion of Curve Street were vacated, the land would go to Mr. Ackerman, the applicant, as part of the original Gladstone Addition for Lot 5. Mr. Roberts indicated he was comfortable that the frontage of Lot 5 is adequate to meet the minimum frontage requirements without needing a variance. Mr. Haider addressed the concern of a resident about the excessive noise that is generated near Lot 5. He said the street department plows snow early in the morning, starting at 4 or 5 a.m., but does not haul snow until daytime during the regular shift. Although Mr. Haider could not predict what would happen, he did not foresee this as a problem. Chairperson Fischer then opened the public hearing for comment from the public. Mike Ackerman of 2053 Flanders Road in North St. Paul, the applicant, said he has tried to make every effort to cooperate with staff in planning this project. Commissioner Trippler asked the applicant if it would be disruptive to change the zoning to R-1 for this parcel and require 80-foot frontage on the lots. Mr. Ackerman said the different zoning would not work for him. He does not build duplexes or twin homes, only single family houses. Timothy Klein, of 1954 Donna Senty Drive, repeated Mr. Trippler's concerns about shrinking the lot sizes and moving lot lines. He said he was committed to the appearance of the neighborhood. Mr. Klein disagreed with Mr. Haider and said the snowplows do not turn around at the north end of Donna Sentry Drive because it is not wide enough when they are plowing snow. He said that the plows and garbage trucks frequently back south down the street to the parking lot of Oak Street Furniture near Frost Avenue. Then they turn around and continue down the other side. Mr. Klein acknowledged that he was pleased with staff's easement decision on Curve Street. Mr. Klein had a concern about the 10-foot illegal right-of-way for the trucks to drive back to Donna Senty and Ryan Street to dump their snow. He wondered if there was any alternative to supplying these homes with sewer, water, and gas other than digging up yards and the new street. Mr. Klein Planning Commission Minutes of 09-01-98 -3- requested that the developer be required to extend the curb across in front of Lot 1 and replace it on Lot 5 where it is widened for a turnaround. Commissioner Rossbach inquired if Mr. Klein would prefer limited commercial development. Mr. Klein said it doesn't really matter, but he would probably prefer neighbors. Commissioner Pearson remarked that even if the land was developed as commercial, disruption of street and yards would still occur. Commissioner Frost inquired about the possibility of having one major utility connection and then have the remaining tee off from that to lessen the disturbance to yards and the street. Mr. Haider said a'variation is sometimes allowed when the sewer is extremely deep and the holes to connect would be enormously wide. He didn't think this was the case on this street. Mr. Haider concurred that there would probably be five repair patches in the street if there are five houses. He also agreed that a condition could be included for extension and replacement of the curb. Mr. Haider said it is not practical to allow sewer connections from a manhole so a connection into the pipe will be required. Mr. Ackerman acknowledged that many of Mr. Klein's concerns were legitimate and he had considered them. He intends to continue the curbing and match it to the existing curb. Mr. Ackerman also said a fence will be constructed and a berm of trees planted to separate the residential use from the Oak Street Furniture store at the corner of Donna Senty Drive and Frost Avenue. He will also create more of a berm along the north side of Lot 5 and plant trees there. Mr. Ackerman referred to a project he had last year in North Saint Paul that was similar to this. He said the residents there are pleased with what ended up to be five affordable lots of about 65-feet each. He proposes to build houses in the $140,000-$180,000 range. Since there were no further comments from the audience, the public hearing portion was closed Mr. Roberts said, in his view, Lot 5 is not a corner lot. Commissioner Trippler was concerned about Lot 5 meeting the 85-foot-frontage requirement if it is considered a corner lot. Mr. Roberts said, "as far as we know now, the street is not going to go through" to the north of this lot. Mr. Trippler said that to put 60-or 66-foot lots in this neighborhood would "throw the whole neighborhood out of whack." He thought, if this land was going to be rezoned, it should be zoned single-family to match the neighborhood. Commissioner Frost pointed out that there are R-2 zones to the east and west and, therefore, this should be rezoned R-2. Mr. Roberts said five, single-family homes could be built with the R-2 zoning classification. Mr. Frost said the 10-foot lot width difference between R-1 and R-1S was not really noticeable. Mr. Frost had no problem with the R-1S zoning. Commissioner Thompson said he was still concerned about a cul-de-sac and the traffic pattern that exists. He questioned if allowing four lots would leave enough room for a cul-de-sac so the snow plows and the garbage trucks could turn around. Mr. Haider, city engineer, said there is not enough traffic at this location to warrant the cost of constructing a cul-de-sac. Mr. Roberts said Ryan Street from Manton Street to Donna Senty Drive was vacated when the ballfield near the Gladstone Community Center was constructed last year. Mr. Roberts gave some zoning history of the area. Commissioner Rossbach did not see the traffic on the street or the cul-de-sac as an issue. He also was not concerned about the property lines lining up or the R-1S zoning. Commissioner Rossbach moved the Planning Commission recommend Approval of the resolution which changes the land use plan for the Gladstone Meadows plat on the west side of Donna Senty Drive, north of Frost Avenue. This change is from LBC (limited business commercial) to R-1S (single dwellings). The city is making this change because: Planning Commission Minutes of 09-01-98 Bo Co Do -4- 1. It would be consistent with the goals and objectives of the comprehensive plan. 2. This area would eliminate the planned commercial area that would have been between two residential areas. 3. It would be consistent with the proposed zoning and land uses. Approve the resolution which changes the zoning map for the Gladstone Meadows plat on the west side of Donna Senty Drive, north of Frost Avenue. This change is from LBC (limited business commercial) to R-1S (small-lot single dwellings). The reasons for this change are those required by the city code and because the owner plans to develop this part of the property for small-lot single dwellings. Approve the resolution which vacates part of the unused Curve Street right-of-way that is west of Donna Senty Drive and is south of the Ryan Avenue right-of-way and south of the former railroad (as shown on the map on page 13). It is in the public interest to vacate this part of the right-of-way for the following reasons: 1. The adjacent property has adequate street access. 2. This right-of-way is not needed for the public purpose of street construction. 3. The existing Curve Street right-of-way is too narrow for street construction. This vacation is subject to the city keeping a utility easement over the north ten feet of the vacated right-of-way. Approve the Gladstone Meadows preliminary plat (received by the city on July 16, 1998). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of any traffic-control or street identification signs. d. Provide all required and necessary easements. e. Cap and seal any wells on site that the owners are not using. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. Planning Commission Minutes of 09-01-98 -5- (3) Show a berm and planting screen of evergreen trees on the north side of Lot 5. C. The street and utility plans shall show the: (1) Water service to each lot, including Lot 5. (2) Storm water drainage area and French drain (City Plate Number 315) on the rear of Lots I and 2. (3) Removal of the extra street pavement south of the middle of Lot 1 and continue the existing curb to the south line of the plat. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Show the revised Curve Street vacation and the revised Lot 5. d. Show Lots 1 - 4 at 66 feet wide and Lot 5 with the remainder of the street frontage. 4. Secure and provide all required easements for the development including any off-site drainage and utility easements. 5. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 6. Record a covenant with the final plat that requires the house and garage on Lot 1 to have at least a 10-foot side yard setback from the south-side property line. 7. If necessary, obtain a permit from the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Commissioner Frost seconded. The motion passed. Ayes--Fischer, Frost, Ledvina, Mueller, Pearson, Rossbach, Thompson Nays--Trippler Planning Commission Minutes of 09-01-98 -6- VI. NEW BUSINESS A. Conditional Use Permit--Sprint PCS Telecommunications Tower (1221 Frost Avenue) Ken Roberts, associate planner, presented the staff report. Mr. Roberts said the request was for a 80-foot-tall antenna but the proposal is for 120 feet so if another company wants to collocate they would not have to go through the conditional use permit process. It would already be approved to extend the tower height. Commissioner Trippler questioned the zoning ordinance on towers that said the tower should not exceed 75 feet and could be increased to 100 feet for collocation. Mr. Roberts said these allowances were for communication towers in residential districts. The dimensions requested are in compliance with those allowed for towers in other than residential districts. He said the applicant is not required to treat the residence at 1940 Atlantic Street, which is at least 200 feet from the site, as a residential property because it is planned and zoned for commercial use. It was noted that there is a residence above George's Auto Body and they have indicated that they are in favor of the tower. Commissioner Trippler said he was excited about having the tower locate here because the developer is requiring the owner to clean up this property. He was concerned that there is not a process or plan for deciding where towers should be located. Mr. Trippler asked if staff could be proactive and set up a procedure for planning the location of future towers. Commissioner Rossbach said the planning commission and the city council spent a lot of time developing the current plan which is fairly specific about the location and height of towers. He suggested that it would be nice if the communication companies had a plan. Mr. Rossbach referred to the lawsuit that the city just lost because of a location that the city objected to. He noted that residents object to the towers when they are in their neighborhood but frequently do not notice them in other areas once they are installed. Commissioner Pearson concurred with Mr. Trippler about having the area cleaned up. Michael Thompson, planning specialist for Sprint PCS, was present. He said they have reviewed the staff report and have no objections. Mr. Thompson introduced Alex Diedrich, a radio frequency engineer; Gary Gandrud, legal counsel from Faegri and Benson; Dave Hagen, real estate broker from Loucks & Associates, Tom Zimmerman, Capital Land Services, and Al Olson (the landlord) of Al's Auto. Mr. Thompson gave some history of the telecommunications market. He said about three or four years ago the Federal Communication Commission took the initiative to introduce new technology and competition into the wireless industry by auctioning off allocated frequency bands. He said Maplewood is in the Minneapolis/St. Paul Major Trading Area which is comprised of most of Minnesota, all of North Dakota, two-thirds of South Dakota, some of Iowa, a large portion of Wisconsin and the upper peninsula of Michigan. Previous to the auctions, the industry had been dominated by a few large companies. He said that, as a result of anti-trust legislation, companies have to operate rather independently of each other, but collocation is definitely encouraged. Mr. Thompson said that putting up a new tower is a last resort for his company. Mr. Thompson said there are certain performance requirements mandated by the auction rules. Sprint is required to achieve a certain level of market coverage within five years of being awarded the rights to a particular frequency. He said they do not see any major increase in usage that would require another site in this area within the foreseeable future. He said they can increase the capacity of this tower by adding another set of electronic ground equipment. While Sprint has the advantage of possible collocator revenue from sub-tenants, they also incur a large cost in constructing this tower. According to Mr. Thompson, Sprint's policy is to allow at least one additional carrier. Depending on the height and the mounting of the antenna, sometimes two Planning Commission Minutes of 09-01-98 -7- additional carriers can be accommodated. Commissioner Pearson asked for assurance that once the area is cleaned up and fenced, there would be an agreement that the fenced area cannot be used for further storage of the same materials. He was concerned that it didn't become a "fenced storage area." Mr. Thompson said they were willing to work with the owner and the city to "accommodate the wishes of the people." Commissioner Rossbach clarified that Mr. Pearson was asking if Sprint would be allowing storage inside their fenced area of materials other than the telecommunication equipment. Mr. Thompson said their compound is not accessible by the owner except with escort by Sprint PCS personnel. Mr. Thompson said other towers in the search ring have been evaluated and they were either out of position or too short. Al Olson, the property owner, noted that the lot is also used for D and D Towing which is Maplewood's impound lot. He said there will be cars on the lot but the cleanup they are looking for is the junk cars, tires, etc. Commissioner Frost moved the Planning Commission recommend: Adoption of the resolution which approves a conditional use permit to allow a telecommunications antenna up to 120-feet-tall and the related equipment for the property at 1221 Frost Avenue. Approval is based on the findings required by the ordinance and is 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 owner or applicant shall start the proposed construction within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant or owner shall allow the collocation of other providers' telecommunications equipment on the proposed tower with reasonable lease conditions. Commissioner Pearson seconded. Ayes~all The motion passed. B. Construction Agreement--Single-Family Home (1491 Henry Lane) Ken Roberts, associate planner, presented the staff report. Mr. Roberts said the house would have a well and septic system. He felt confident that the sandy soils on this site would allow for good percolation. Mr. Roberts assured Commissioner Frost that there also would be two drainfield sites and the system would comply with the current PCA standards. Commissioner Frost questioned if it was a good decision for the city to allow a septic system without a good management program to ensure that it would be correctly operated and maintained in the future. Ken Haider, city engineer, commented that the septic systems are permitted and regulated by the state and installed by licensed personnel. The city only records the number of systems. Mr. Frost felt the city has a responsibility to inform the new homeowner of the correct maintenance procedures. Mr. Haider said the city intends to publish an annual article in the Maplewood in Motion. Commissioner Thompson said he could foresee more similar homes, possibly three, being constructed on this property. Mr. Roberts said a public street could be required when the request for these additional houses is reviewed. He said this property is zoned F (farm), and the lot Planning Commission Minutes of 09-01-98 -8- requirement is 10,000 square feet. Mr. Roberts also pointed out that this property is in the Critical Area of the Mississippi River which is everything west of 1-494 and south of Carver Avenue. The requirement here is a three-acre minimum when not on public sewer and water. Jim Kaczmarczik of 211 Ferndale Street, the applicant, commented that the agreements for access from Henry Lane to the property and access across the site to the west are already deeded easements. Mr. Roberts asked to see copies of these agreements. Mr. Kaczmarozik said he had no future plans for development of this property. He said the road will be gravel from where his driveway starts because of the prohibitive cost. Commissioner Frost suggested that Mr. Kaczmarczik obtain a copy of the bulletin published by the University of Minnesota on the care of septic systems. Commissioner Ledvina asked the applicant if he would be opposed to a condition prohibiting future subdivision of the property. Mr. Kaczmarczik replied that he would be opposed. Commissioner Rossbach commented on the grade of the driveway. Commissioner Pearson moved the Planning Commission adopt the resolution which approves an agreement to build one house on a lot that does not front a publicly dedicated and maintained street. The city approves this agreement because: 1. The situation is unusual. 2. The property owner did not cause the existing conditions. 3. Having one additional house in the area would not alter the neighborhood's character. 4. The city has approved other homes on private driveways. This resolution requires that the property owner complete the following conditions before the city issues a building permit: All construction shall follow the site plan the city dated August 14, 1998. The applicant shall change the driveway and turnaround locations to lessen the grading and slope disturbance. The City Engineer shall approve the driveway and turnaround location and designs. The Director of Community Development may approve minor changes to the plans. 2. Record the following with Ramsey County: a. An agreement that allows the property owner or users of this property to use the existing private road easement for ingress and egress from the parcel to Henry Lane. b. An agreement against the property that: (1) Holds the city harmless from any liability for using the private driveway or any delay in emergency vehicles finding the structure(s). (2) States that the property owners shall maintain, plow and sand this driveway to the satisfaction of the Director of Public Works. City staff shall review these agreements. The property owner shall provide the city with copies of all recorded documents. Install a sign at the end of Henry Lane and the driveway that states the addresses of the houses using the private driveway. Commissioner Frost seconded. Planning Commission Minutes of 09-01-98 -9- Commissioner Ledvina said he was concerned about the variance process. Ken Roberts said this was actually a code variation. Mr. Ledvina said he did not see a legitimate reason for allowing this construction. He stated that he was not comfortable with how this project is being laid out and the rationale for the city granting approval of this. He said he has a concern about land use on private driveways. Commissioner Frost suggested that this topic be discussed as part of the city's comprehensive plan. Commissioner Pearson said he would like to "establish that there is significant precedence for this" as noted in the staff report. Ayes--Fischer, Frost, Mueller, Pearson, Rossbach, Thompson, Trippler Nays--Ledvina The motion passed. Commissioner Rossbach suggested a motion recommending that once the number of houses reaches six, a requirement be made that the street be improved to a public right-of-way. Mr. Ledvina questioned the number of houses to be allowed. Commissioner Ledvina moved the Planning Commission recommend that the city council address the issue of how many houses should be allowed in this area on a private road before it would be necessary for a public road to be built. Commissioner Rossbach seconded. Ayes--all The motion passed. C. Conditional Use Permit--Bondeson Enterprises (1420 County Road D East) Ken Roberts, associate planner, presented the staff report. Commissioner Rossbach suggested limiting the amount of traffic on County Road D until the street is improved or developing the road and making it suitable for commercial use. Ken Haider, city engineer, said there is limited use of the roadway. He said there is only the building at 1420 County Road D and the NSP facility. Mr. Haider said the roadway up to the driveways on this site "are adequate and convenient for public use." Mr. Roberts clarified that outdoor storage of whole vehicles might be allowed. He didn't want parts of vehicles stored outside. Daniel Bondeson of Bond Enterprises, the applicant, was present. Mr. Bondeson said any vehicles being left for a period of time will be stored inside. He said vandalism was a concern. Mr. Bondeson also said the health department is getting strict on storage of hazardous waste. Commissioner Frost moved the Planning Commission recommend adoption of the resolution which approves a conditional use permit to operate an auto detailing and repair business in Unit "C" of the building at 1420 County Road D. The city bases this permit approval on the standards required by ordinance and is subject to the following conditions: All construction shall follow the plans approved by the city. The director of community development may approve minor changes. The proposed auto service business must be started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. There shall be no outside storage of refuse or vehicle parts of any kind (including tires and VII. V~llo Planning Commission -10- Minutes of 09-01-98 wheels) unless in a screening enclosure. The developer or contractor shall submit plans for screening enclosures to staff for approval of placement and design. Any outside storage not in an enclosure shall have city council approval. 5. The owner or operator shall not allow anyone to work on vehicles outside the building. All employees shall do the vehicle repair and maintenance inside the building. 6. There shall not be any outside display or storage of materials, parts or equipment. Commissioner Pearson seconded. Ayes--all The motion passed. VISITOR PRESENTATIONS There were no visitor presentations. COMMISSION PRESENTATIONS A. August 24 Council Meeting: Ken Roberts reported on this meeting. B. September 14 Council Meeting: Ms. Fischer will attend this meeting. C. September 28 Council Meeting: Mr. Pearson will attend this meeting. Various comments were made on the annual city tour. Chairperson Fischer explained the R-1S zoning classification to the new commission members. IX. STAFF PRESENTATIONS There were no staff presentations. X. ADJOURNMENT The meeting adjourned at 9:30 p.m.