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HomeMy WebLinkAbout2017-05-16 PC Packet AGENDA CITY OF MAPLEWOOD PLANNING COMMISSION Tuesday, May 16, 2017 7:00 PM Council Chambers - Maplewood City Hall 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. April 18, 2017 5.Public Hearing a. 7:00 p.m. or later: Consider Approval of a Wetland Buffer Variance, 2224 Woodlynn Avenue 6. New Business: a. 2040 Comprehensive Plan Steering Committee Meeting - May 22, 2017 at Fire Station No. 2 (No Report) 7.Unfinished Business 8.Visitor Presentations 9.Commission Presentations a. May 8, 2017 city council meeting (Commissioner Arbuckle) b. May 22, 2017 city council meeting (Commissioner Dahm) Wetland Buffer Variance, 2224 Woodlyn Avenue 6. Staff Presentations 7. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, APRIL 17, 2017 7:00 P.M. 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:35 p.m. by Chairperson Arbuckle. The start of the PC meeting was delayed because of the CDRB meeting running long. 2. ROLL CALL Paul Arbuckle, Chairperson Present Frederick Dahm, Commissioner Present Tushar Desai, Commissioner Present John Donofrio, Commissioner Present John Eads, Commissioner Absent Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Staff Present: Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Commissioner Bill Kempe said item 6. a. can be stricken since there was a combined presentation for the CDRB and PC during the CDRB meeting. Commissioner Dahm moved to approve the agenda as amended. Seconded by Commissioner Kempe. Ayes All The motion passed. 4. APPROVAL OF MINUTES Commissioner Shankar moved to approve the March 21, 2017, PC minutes as submitted. Seconded by Commissioner Donofrio. Ayes Chairperson Arbuckle, Donofrio and Ige Abstention Commissioner Kempe The motion passed. 5. PUBLIC HEARING a. 7:00 p.m. or later: Consider Approval of Conditional Use Permits, Boaters Outlet, 2000 Rice Street i. Outlet at 2000 Rice Street and answered questions of the commission. ii. Glenn Kloskin, Owner, Boaters Outlet, Roseville, addressed and answered questions of the commission. April 18, 2017 1 Planning Commission Meeting Minutes iii. Rich Rostein, Morton Building Company, addressed and answered questions of the commission. iv. Dave Wiseman, Boaters Outlet, Roseville, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. 1. Annika Grahn, .Ms. Grahn spoke in favor of the project and the owners of Boaters Outlet. Chairperson Arbuckle closed the public hearing. Commissioner Kempe moved to approve the conditional use permit resolution to allow the exterior storage of boats at 2000 Rice Street within the Business Commercial zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1) All construction shall follow the site plan date-stamped February 3 and March 3, March 17, and March 30, 2017, approved by the city. Staff may approve minor changes. 2) The proposed use must be substantially started within one year of city council approval or the permit shall become null and void. The city council may extend this deadline for one year. 3) The city council shall review this permit in one year. 4) Comply with the conditions of a 30, 2017, attached to the staff report. 5) environmental report dated April 11, 2017, attached to the staff report. 6) This permit allows Boaters Outlet at 2000 Rice Street to utilize their property for the exterior storage of 200 to 220 boats on the back fenced and screen storage area only. No boat storage is allowed on the customer parking lot. Commissioner Kempe moved to approve the conditional use permit resolution attached to the staff report to allow a metal building at 2000 Rice Street within the Business Commercial zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1) All construction shall follow the site plan date-stamped February 3 and March 3, March 17, and March 30, 2017, approved by the city. Staff may approve minor changes. 2) The proposed use mist be substantially started within one year of city council approval or the permit shall become null and void. The city council may extend this deadline for one year. 3) The city council shall review this permit in one year. 4) March 30, 2017, attached to the staff report. 5) environmental report dated April 11, 2017, attached to the staff report. April 18, 2017 2 Planning Commission Meeting Minutes 6) This permit allows Boaters Outlet to construct a metal building at 2000 Rice Street for their building standards, as well as comply with all fire and building codes. Seconded by Commissioner Donofrio. Ayes - All The motion passed. This item goes to the city council on May 8, 2017. 6. NEW BUSINESS a. Wakefield Park Improvements (this was combined with the CDRB and PC during the CDRB meeting so it did not need to be heard during the PC meeting). b. 2040 Comprehensive Plan Steering Committee i. Environmental Planner, Shann Finwall gave the report on the 2040 Comprehensive Plan Steering Committee. Steering Committee. 7. UNFINISHED BUSINESS None. 8. VISITOR PRESENTATIONS None. 9. COMMISSION PRESENTATIONS a. April 10, 2017 City Council Meeting (Commissioner Eads) Phase 2 of Frost-English Village 1957 English Street North b. May 8, 2017 City Council Meeting (Chairperson Arbuckle) Conditional Use Permits 10. STAFF PRESENTATIONS a. Rush Line Open House There will be an open house to discuss the Rush Line Corridor on Thursday, April 27, 2017 from 5:00 8:00 p.m. The public hearing portion will be held at 6:30 p.m. at Our Redeemer Lutheran Church at 1390 Larpenteur Avenue in St. Paul. For more information please visit the website at www.rushline.org. b. ADJOURNMENT Chairperson Arbuckle adjourned the meeting at 8:28 p.m. April 18, 2017 3 Planning Commission Meeting Minutes MEMORANDUM TO:Melinda Coleman, City Manager FROM:Shann Finwall, AICP, Environmental Planner DATE:May 9, 2017 SUBJECT:ConsiderApproval of a Wetland Buffer Variance, 2224 Woodlynn Avenue Introduction Mark Gergen is proposing to construct a new single family house on a vacant lot located at 2224 Woodlynn Avenue East. There is a Manage C wetland located on the lot. The City’s wetland ordinance requires a 50-foot wetland buffer be maintained around a Manage C wetland. No building, mowing, or grading is allowed within the buffer. Mr. Gergen’s single family house will be constructed to within 30 feet of the wetland edge, with grading to within 20 feet. In order to construct the single family house as proposed, the applicant must receive approval of a 30-foot wetland buffer variance from the CityCouncil. Background In 2001 the City approved a lot division to create two lots with frontage on Woodlynn Avenue. The lot division deeds were not recorded with the County within one year of the City’s approval. Thus the lot division was not complete. In 2013 the City approved a lot division to create two lots with frontage on Woodlynn Avenue. On March 14, 2016, the City approved a 30-foot wetland buffer variance for a single family house to be constructed on the lot to the west at 2214 Woodlynn Avenue. Discussion State Law State law requires that variances shall only be permitted when they arefound to be: 1.In harmony with the general purposes and intent of the official control; 2.Consistent with the comprehensive plan; 3.When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. City staff finds that the construction of a single family house on the vacant lot at 2224 Woodlynn Avenue East is in harmony with the City’s zoning code and comprehensive plan. The location of a Manage C wetland onthe vacant lot creates a unique circumstance which was not created by the landowner. The proposed wetland buffer variance will not alter the character of the neighborhood. Maplewood Wetland Ordinance The City’s wetland ordinance states that the City may require that the applicant mitigate impacts to a wetland when approving a variance.Mitigation can include: 1.Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2.Rectifying theimpact by repairing, rehabilitating, or restoring the buffer. 3.Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4.Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5.Monitoring the impact and taking appropriate corrective measures. 6.Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation.A restoration plan must be approved by the City before planting. 7.Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8.A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150% of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Engineering Comments JohnDuCharme,engineering technicianwith the City of Maplewood, met with the applicant to discuss the grading plan for the proposed single family house. Due to concerns with the wetland buffer slope and possible erosion during construction, Mr. DuCharme recommends that the applicant install a retaining wall along the southwest corner of the house, adjacent the wetland buffer. The retaining wall would be approximately 2 to 3 feet in height and extend to approximately the center of the lot where the slopes begin to level off. Neighborhood Comments TheCity of Maplewood mailed notices to property owners within 500 feet of the property, requesting feedback on the proposed wetland buffer variance. The City received oneresponse via a telephone: Lloyd Rutherford,2234 Woodlynn Avenue-Mr. Rutherford does not have concerns with the new single family house or wetland buffer variance. Rather, he was calling with concerns about the condition of his driveway. Mr. Rutherford lives in the house to the east of the vacant lot.In approximately 2007, the City installed asewer line along the public easement located in the 2224 Woodlynn Avenue lot, adjacent Mr. Rutherford’s property. The sewer line was installed for future development of the lots at 2224 and 2221 Woodlynn Avenue. Since that time the ground around the sewer line has eroded causing damage to Mr. Rutherford’s driveway.The City’s engineering department has met with Mr. Rutherford and worked out a plan to repair the driveway during construction of the new single family house. Mr. Rutherford is satisfied with that solution. Mitigation Strategies Based on the findings above, staff recommends approval of the variance with mitigation strategies as outlined below: 1.Retaining Wall:To reduce impacts to the wetland, staff recommends the applicants construct a retaining wall on the southwest corner of the house, adjacent the wetland buffer. The retaining wall should extend approximately 40 feet along the wetland buffer edge, stopping near the middle of the lot where the slopes begin to level off. The retaining wall will serve as amitigation strategy to the wetland buffer variance by decreasing the possibility of erosion and improving drainage. Additionally, the retaining wall willdemarcatethe bufferline where no future building, mowing, or grading can take place. 2.Wetland Buffer Restoration:To improve the remaining wetland buffer, staff recommends the applicants restore the buffer to native plants. Recommendation Approvethe attached resolution authorizing a 30-foot wetland buffer variance for 2224 Woodlynn Avenue Eastfor the construction of a new single family house. Approval is based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance willinclude the restoration of the remaining wetland buffer, which will improve the water quality of the wetland. 3.Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: 1.Prior to issuance of a grading permit for the new single family house the applicantsmust submit: a.A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house.Removal of significant trees with the construction of the single family house must comply with the City’s tree preservation ordinance and tree replacement requirements. b.A grading plan which shows the location of a retaining wall to be constructed on the southwest corner of the house, adjacent the wetland buffer. The retaining wall should extend approximately 40 feet along the wetland buffer edge, stopping near the middle of the lot where the slopes begin to level off. c.A wetland buffer restoration plan to be approved by City staff. d.An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 2.Prior to release of the escrow, the wetland buffer plantings must be established. Attachments 1.Reference Information 2.Applicants’Letter Dated February 28, 2017 3.Site Plan 4.House Elevations 5.Variance Resolution Attachment 1 Reference Information Site Description Site size: .42acres Existing land use: Single Family House Surrounding Land Uses North: Townhomes South: Single Family Homes West: Single Family Homes East: Single Family Homes Planning Land Use Plan designation: Single Family Residential Zoning:Single Family Residential Application Date The application for this request was considered complete on March 27, 2017. State law requires that the city decide on these applications within 60 days, or if that timeline cannot be met the City must extend the application in writing an additional 60 days. The 60-day deadline for City Council action is May 26, 2017. 2 Attachment City HallsSchoolsHospitalsFire StationsPolice StationsRecreational CentersParcel PointsParcel BoundariesAirports Enter Map Description LegendNotes accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION is for reference only. Data layers that appear on this map may or may not be This map is a user generated static output from an Internet mapping site and Feet 100.0 2224 Woodlynn Avenue 50.00 0 100.0 NAD_1983_HARN_Adj_MN_Ramsey_Feet© Ramsey County Enterprise GIS Division Attachment 3 PROPOSED GRADING PLAN Attachment 4 Distance of variance variance variance variance variance variance request ranges from 30'5" 30'5" 30'5" to 16'6" 26'26' 30'5" DECKDECKDECKDECKDECK 14' 25' Untouched Buffer Original 50' buffer line 16'6" Wetland edge Proposed buffer line: North of the line will include some grading. South of the line to remain untouched. 5 Attachment 5 Attachment Attachment 6 VARIANCE RESOLUTION WHEREAS, Mark Gergenapplied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 2224Woodlynn Avenue East, Maplewood, MN. The property identification number is 02-29-22-11-0102. The legal description is Lot 18, Block 1, Netnorlin, Ramsey County, Minnesota. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a wetland buffer of 50feet adjacent to Manage C wetlands. WHEREAS, the applicants are proposing to construct a single family house and grading for the house to within 20 feet of a Manage C wetland, requiring a 30-foot wetland buffer variance. WHEREAS, the history of this variance is as follows: 1.On May 15, 2017, the Environmental and Natural Resources Commission reviewed the variance and recommended approval of the wetland buffer variance to the Planning Commission and City Council. 2.On May 16, 2017,the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission also considered the report and recommendation of the city staff and Environmental and Natural Resources Commission. The Planning Commission recommended approval of the wetland buffer variance to the City Council. 3.The City Council held a public meeting on May 22, 2017,to review this proposal. The City Council considered the report and recommendations of the city staff, the Environmental and Natural Resources Commission, and the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above- described variance based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality and wildlife habitat of the wetland. 3.Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: 1.Prior to issuance of a grading permit for the new single family house the applicants must submit: Attachment 6 a.A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single family house must comply with the City’s tree preservation ordinance and tree replacement requirements. b.A grading plan which shows the location of a retaining wall to be constructed on the southwest corner of the house, adjacent the wetland buffer. The retaining wall should extend approximately 40 feet along the wetland buffer edge, stopping near the middle of the lot where the slopes begin to level off. c. A wetland buffer restoration plan to be approved by City staff. d.An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 2.Prior to release of the escrow, the wetland buffer plantings must be established. The Maplewood City Council approved this resolution on __________________.