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HomeMy WebLinkAbout11/21/2005 MAPLEWOOD PLANNING COMMISSION Monday, November 21, 2005, 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. November 7, 2005 5. Public Hearings 7:00 Easement Vacation - Legacy Village (west of Southlawn Drive, south of Legacy Parkway) 7: 15 Tire View Estate Preliminary Plat (east of Highway 61 at new County Road D) 7:30 Regions Hospital Sleep Health Center (;1688 Maplewood Drive) Conditional Use Permit Building Setback Variance Zoning Map Change - R-1 (single dwellings) to M-1 (light manufacturing) 6. New Business None 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations November 14 Council Meeting: Mr. Yarwood? November 28 Council Meeting: Mr. Trippler December 12 Council Meeting: Mr. Pearson December 26 Council Meeting: (None needed - cancelled) 1 O. Staff Presentations a. Rescheduled 12-5-05 meeting - now will be on Wednesday 12-7-05 11. Adjoumment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 21,2005 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:04 p.m. II. ROLL CALL Commissioner Eric Ahlness Vice-Chairperson Tushar Desai Commissioner Mary Dierich Chairperson Lorraine Fischer Commissioner Michael Grover Commissioner Jim Kaczrowski Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Jeremy Yarwood Present Present Present Present Present Present Absent Present Absent Tom Ekstrand, Senior Planner Lisa Kroll, Recording Secretary Erin Laberee, Assistant City Engineer Staff Present: III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda. Commissioner Ahlness seconded. The motion passed. IV. APPROVAL OF MINUTES Ayes - Ahlness, Desai, Dierich, Fischer, Grover, Kaczrowski, Trippler Approval of the planning commission minutes for November 7,2005. Commissioner Trippler moved to approve the planning commission minutes for November 7, 2005. Commissioner Desai seconded. The motion passed. Ayes - Ahlness, Desai, Fischer, Kaczrowski, Trippler Abstentions - Dierich, Grover Planning Commission Minutes of 11-21-05 -2- V. PUBLIC HEARING (7:05 - 7:10 p.m.) a. Easement Vacation - Legacy Village (west of Southlawn Drive, south of Legacy Parkway) Mr. Ekstrand said Jason Thomas, of the Hartford Group, is requesting that the city council vacate the drainage and utility easements that lie on the proposed Ramsey County Library site in Legacy Village. The library site is presently comprised of two lots which have 10-foot- wide drainage and utility easements along their common lot line. The total easement width is 20 feet and runs from Southlawn Drive to the back lot line. Mr. Ekstrand said the applicant, Jason Thomas, of the Hartford Group, was unable to be present due to an illness in the family but staff anticipated they could answer questions for the commission. Chairperson Fischer asked if anyone in the audience wanted to speak regarding this item. Nobody in the audience came forward. Chairperson Fischer closed the public hearing portion of the meeting. Commissioner Trippler moved to adopt the resolution in the staff report vacating the drainage and utility easements on the proposed Ramsey County Library site at Legacy Village. Vacation is in the public interest since these easements would serve no public purpose. As a condition of this vacation, the applicant shall combine both lots into one legally-described property before obtaining a building permit. Commissioner Dierich seconded. Ayes - Ahlness, Desai, Dierich, Fischer, Grover, Kaczrowski, Trippler The motion passed. This item goes to the city council on December 12, 2005. . The second public hearing wasn't scheduled to begin until 7:15 p.m. Until the next public hearing began staff discussed future planning commission meeting dates that need to be rescheduled due to city holidays. The planning commission meeting for Monday, January 2,2006, falls on a city holiday and city hall is closed, so the meeting needs to be rescheduled. The planning commission agreed to reschedule their meeting for Tuesday, Januarv 3. 2006. The planning commission meeting for Monday, January 16, 2006, falls on Martin Luther King Day, which is a city holiday and city hall is closed. The planning commission agreed to reschedule the meeting for Tuesday, Januarv 17. 2006. Mr. Ekstrand said before the start of tonight's meeting Commissioner Trippler asked about the joint meeting for the Gladstone Redevelopment area. Mr. Ekstrand said the reason the joint meeting for the Gladstone Redevelopment area has been delayed until December 19, 2005, at 6:00 p.m. is because there are new city council members coming on board and the city felt it would be nice to allow them time to review the Gladstone Redevelopment plan. Planning Commission Minutes of 11-21-05 -3- CommissionerTrippler asked when the new Mayor and city council members would be sworn in to serve their term? Mr. Ekstrand said the mayor and city council members would be sworn in some time in early January 2006. Chairperson Fischer reviewed commission presentations. b. Tire View Estate Preliminary Plat (east of Highway 61 at new County Road D) (7:16- 7:21 p.m.) Mr. Ekstrand said Chuck Ahl, the Maplewood Public Works Director, is requesting that the city council approve the preliminary and final plat for the former Venburg Tire property. The proposed plat is called Tire View Estate. The reason for submitting this subdivision for platting approval is to dedicate the right-of-way for County Road D. This plat will not create any additional lots. In 2004, the City of Maplewood purchased this property for the County Road D extension street construction project. The city has a purchase agreement with Bruce Mogren, the abutting property owner. Commissioner Trippler asked where the name of this property came from? Mr. Ekstrand said Chuck Ahl and Chris Cavett came up with the name Tire View Estate for the property. Chairperson Fischer asked if anyone in the audience wanted to come forward regarding this item? Nobody in the audience came forward to speak. Chairperson Fischer closed the public hearing portion of the meeting. Commissioner Trippler moved to approve the Tire View Estate preliminary and final plat as submitted. Approval is subject to the conditions stated in the March 18,2005, letter from MnDot. Commissioner Dierich seconded. Ayes - Ahlness, Desai, Dierich, Fischer, Grover, Kaczrowski, Trippler The motion passed. This item goes to the city council on December 12, 2005. Planning Commission Minutes of 11-21-05 -4- . The third public hearing wasn't scheduled to begin until 7:30 p.m. Commissioner Trippler mentioned there would be a public meeting for the Gladstone Redevelopment plan on Thursday, December 1, 2005, at 6:30 p.m. with a presentation given at 7:00 p.m. The next Gladstone Task Force meeting is scheduled for Thursday, January 26, 2006. He asked staff if it was all right to discuss the In-Fill Study. Staff said it was. Mr. Trippler said he would like to have a separate ordinance devoted to in-fill property as opposed to changing the existing ordinances. The current ordinances for dealing with development of properties are based on the assumption that the property is virgin land. When he thinks of in-fill developments, he thinks of developers or individuals razing the structures on the land and planning to build a development of some kind. Some of these in-fill areas are changing the character of the neighborhoods. He wondered if the city should be developing new ordinances for this specific issue or if the city should modify the existing ordinances to address this issue. More discussion shall take place when the in- fill study is scheduled on one of the planning commission agendas. c. Regions Hospital Sleep Health Center (2688 Maplewood Drive) (7:30 - 8:13 p.m.) Mr. Ekstrand said Pope Architects is proposing to build a 7,084-square-foot, one-story building at 2688 Maplewood Drive. This building would be a sleep-health center for Regions Hospital. The proposed building would have an exterior of brick, cement-board siding and asphalt shingles on a hip roof. Commissioner Trippler asked if the cabin did not exist and there was a manufacturing facility there, then the 50-foot setback would not exist, correct? Mr. Ekstrand said correct. Commissioner Trippler said he understands the cabins are for sale but could the person who will be the new owner of the cabin property sell the property so a house could be built on the property? Mr. Ekstrand said no. The new owners could let the existing cabin use continue but it's not marketed as such. Commissioner Trippler said even though the cabin property is for sale doesn't mean the cabins are going away then? Mr. Ekstrand said correct. It would be nice if the cabin site could be incorporated with this proposal or with the Angus Meats property to the north but that doesn't mean the cabin property couldn't be sold just as it is. Commissioner Trippler asked if when staff discussed the location of the building with the developer, did they discuss shifting the footprint of the building to the south 10 to 15 feet so there wouldn't need to be a 20-foot setback? Mr. Ekstrand said no. The cabins to the north are non-conforming and temporary. The cabin property owners shouldn't be punished for a shorter setback but staff feels the site will redevelop with something else in the future and staff felt a 30-foot setback would be adequate. Planning Commission Minutes of 11-21-05 -5- Commissioner Trippler asked what if there would be a metal stamping business with loud machines there? Then that wouldn't be enough of a setback in order for people to sleep during the day. He said it may be in the best interest ofthe applicant to center the business on the property. Commissioner Ahlness said when businesses are this close to a residential area there is usually a condition in the report that states no business operation from 7 p.m. to 7 a.m. Monday through Saturday and no business operations on Sunday. He said he understands the characterization of this business is such that it is not practical to put those restraints on this business, but how did or didn't staff consider that ordinance with this proposal? Staff explained that the planning commission recently reviewed the proposal for the Maple Leaf Ridge office condominiums on the other side of Highway 61. For that development, being so close to residential, there is the potential for noise concerns. Staffs biggest concern in this case is the potential for voices in the rear parking lot or car doors slamming. However, the applicant told staff that those concerns would not be a factor. Staff sees the disturbance as very minimal and controllable, therefore staff did not go into those types of conditions. Commissioner Ahlness said in that case shouldn't there be some action that allows them to operate outside the aspects of the ordinance rather than not addressing it at all? It's an ordinance that is in place, and the city can't just say because you're a sleep center you don't have to pay attention to the ordinance. Mr. Ekstrand said that is true and the ordinance is still in place whether staff mentions it in the conditions or not, however, it may have been fruitful to mention. Commissioner Ahlness said the applicant should have a variance that allows them to operate. His concern is not so much for the nature of the business and making the assumption thatthe sleep center will operate in the manor that staff said, but if the use should change over time from a sleep center into something else, he thinks it is important that the property owner or applicant understand the exception or the variance for that ordinance only existed for the sleep center and would need to be reviewed for a new use. If they sell the business to a metal stamping company the ordinance would come into full effect. To say that obviously this use is going to be very conducive and there would not be very much noise, he feels the city can't just ignore the statement. Mr. Ekstrand said the variance is for a setback and there would be no variance given for noise. Commissioner Ahlness said the noise is built on no operating the business during the off hours. Commissioner Trippler said in looking at the ordinances in some cases the ordinances have specific hours of operation associated with them, Monday through Saturday 7 p.m. to 7 a.m. and no operation on Sunday. That doesn't exist in M1 zoning and there are no specific designated hours of operation. Planning Commission Minutes of 11-21-05 -6- Mr. Ekstrand said the business can operate 24 hours a day, seven days a week, but the noise ordinance is in place whether staff mentions it or not. When staff writes the staff report, if they think something isn't an issue it doesn't get discussed. Staff did not feel noise was an issue. Therefore staff didn't go into the noise ordinance in the depth that was done for the Maple Leaf Ridge business condominiums. Commissioner Ahlness asked if that only applied for business commercial or is it by use? Mr. Ekstrand said the noise ordinance applies all over the city for all uses. If there was noise in the middle of the night somebody would call the police and the police would tell the appropriate person or company there were complaints made, and the police would enforce the ordinance. Commissioner Trippler said the city has a noise ordinance that pertains to no noise from 10:00 p.m. until 6:00 a.m. no matter where it is in the city, and if you complain, the police will enforce it. Commissioner Ahlness said he will take that off line because he knows there is an ordinance that says businesses can't operate between 7 p.m. and 7 a.m. and it was recently discussed at the planning commission meeting for the Maple Leaf Ridge Business Park. He is just concerned if for some reason in the future the sleep center left and another business were to take over what safeguards would occur to ensure the new owners followed the city ordinances to protect the residential area. Mr. Ekstrand said one business that has had complaints from the neighbors is the St Paul Pioneer Press building. People were slamming doors, talking, and carts were clanking while getting the newspaper deliveries ready for the morning, which was very disruptive to the surrounding residents. With office/warehouse type centers the city doesn't know who will occupy those spaces, and the city tries to safeguard against noise issues as best they can. He didn't fear any issues with this particular proposal so he didn't go into such depth because of the nature of the sleep center business. The building isn't suited for industry. It's more of a clinic or office use. If a heavier use were to be proposed, the city would have to apply the zoning and the applicant would have to go through the approval process again. Commissioner Dierich asked how many patients the sleep center would have per night and how many staff members there would be on a per shift basis? Is there a possibility that the parking area on the rear of the property could be dedicated for staff use only so there would not be a lot of traffic in and out? Does the applicant need all the parking shown on the plan? Could they have less parking and provide proof of parking? Mr. Ekstrand said the applicant can address the question regarding the number of patients and employees. The city could recommend that the rear parking spaces be designated for employees. The number of parking spaces meets the city ordinance and the applicant may not need all of those parking spaces. The applicant could eliminate some of the parking spaces and provide proof of parking, maybe even some ofthe rear parking lot could be shown as proof of parking providing more grass. Chairperson Fischer asked the applicant to address the commission. Planning Commission Minutes of 11-21-05 -7- Mr. James Johnson, AlA, Project Manager for Pope Associates, 1255 Energy Park Drive, St. Paul, addressed the commission. He deferred the questions asked by Ms. Oierich to Mr. Brian Fisher. Mr. Brian Fisher, Lead Technologist for Regions Sleep-Center. He is responsible for the day- to-day operations at the sleep center. He said there would be a maximum of 12 patients per night and a maximum of 7 staff members equaling 19 cars a night in the parking lot. The staff starts at 7:00 p.m. and patients are scheduled to arrive about 7:30 p.m. This is a 24-hour-a- day operation, however the traffic usually occurs about 7:00 p.m. and ends about 8:00 a.m. when the patients are leaving. As far as daytime operations, there would be about 4 patients during the day for testing with 6 staff members on the day shift. Commissioner Trippler asked if the applicant would be comfortable with less parking than what is shown on the plan? Mr. Johnson said from a staff perspective they wouldn't need that many parking spaces, and from a patient perspective they would be happy with fewer parking spaces. Commissioner Trippler said the city allows for proof of parking, and the area designated in the back may work as proof of parking. As time goes by, if you needed more parking the city would allow you to develop the additional parking. The city is trying to limit the amount of impervious surface so there isn't as much runoff. He said he noticed the applicant had 9% - feet-wide parking spaces shown on the plan and said he prefers to see 1 O-foot wide parking spaces. If the applicant can make that change, he would appreciate it. Chairperson Fischer asked if anyone in the audience wanted to address the commission. Ms. Angela Evian, 1243 County Road C East, Maplewood, addressed the commission. Ms. Evian asked if the berm that is behind her residence is going to be taken down because it's about 10 to 15 feet tall with trees planted on top. If so, will there be a fence to keep people out of the yard? With the berm you can't see the landscaping business that is there right now. Mr. Ekstrand said when he visited the site he didn't see the berm but he wasn't looking at things from her advantage point either. The city could recommend a fence, but if the applicant decides to eliminate some of the parking and there is proof of parking, the area would be sodded. The trash enclosure shown is behind Ms. Evian's property, but there may be an opportunity to put that elsewhere. It looks like there is room for adjustment here, especially if the rear parking lot is eliminated for proof of parking behind Ms. Evian's property. Mr. Floyd Peltier, 1250 Kohlman Avenue, Maplewood, addressed the commission. His lot runs next to the lot for the sleep center. He asked if someone could give him a better explanation regarding the 350-foot setback. Mr. Ekstrand said the 350-foot setback is a city code requirement that says if the building is closer than 350 feet from residential it allows the city council to attach conditions to the property to protect the residents. Mr. Peltier said there is too much noise coming from the landscaping business already. He asked if the sleep center business will be quieter. Planning Commission Minutes of 11-21-05 -8- Mr. Ekstrand said the sleep center will be much quieter compared to the landscaping business. Mr. Peltier said good, then he is "for" this development. He asked if the trash area would be fenced in? Mr. Ekstrand said the dumpster would be enclosed. Mr. Ron Dick spoke on behalf of I rene Bartlett, the owner of the cabins on the property to the north, and addressed the commission. Ms. Bartlett had a question regarding the 50-foot setback and which side it's on? Mr. Ekstrand explained what the 50-foot setback means and pointed it out on the monitor to help Ms. Bartlett better understand the requirement. Chairperson Fischer asked if anybody else wanted to address the commission. Nobody came forward. Chairperson Fischer closed the public hearing portion of the meeting. Commissioner Grover said based on the number of patients and employees, the front parking lot would not accommodate everyone, so there may still be a requirement for some of the rear parking spaces. Commissioner Trippler said the applicant could develop half of the rear parking lot which would take the parking lot out of the parcel that is designated as R1. Commissioner Trippler moved to adopt the resolution rezoning the back of 2688 Maplewood Drive from R1 (single dwelling residential) to M1 (light manufacturing). This rezoning is based on the findings required by code and also because the Maplewood Comprehensive Land Use Plan already guides this property as M1. Commissioner Trippler moved to adopt the resolution approving a 20-foot setback variance allowing the proposed Regions Sleep-Health Center to be constructed 30 feet from the northerly lot line. Approval is because: 1. Providing a 50-foot setback would cause the applicant undue hardship by requiring a setback from a nonconforming use that is temporary and destined to be redeveloped with a complying, M1 use. 2. This variance would be in keeping with the spirit and intent of the ordinance since there would be an ample 30-foot setback from the northerly lot line. Planning Commission Minutes of 11-21-05 -9- Commissioner Trippler moved to adopt the resolution approving a conditional use permit for 2688 Maplewood Drive for a building in an M1 (light manufacturing) district that would be within 350 feet of residential property. Approval is based on the findings required by ordinance and subject to the following conditions: (changes made by the PC are underlined if added.) 1. All construction shall follow the site plan that the city has date-stamped October 27, 2005. The director of community development may approve minor changes. 2. The proposed construction must be substantially started, or the proposed use utilized, 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 parking lot lights for the rear parking lot must be of a style that has concealed bulbs and lenses. This lighting must not give off more light than a typical residential wall or yard light. Light-intensity maximums must meet code requirements. 5. Provide a revised parking lot screening plan for the rear parking lot that provides screening that is at least six feet tall and 80 percent opaque on the north/northeast and south/southeast sides. 6. The applicant shall work with staff to eliminate or reduce the number of parkinq stalls in the back of the buildinq. This area shall be redesiqnated as "proof of parkinq." The applicant shall make everv attempt to provide 10-foot-wide parkinq stalls as suqqested bv the planninQ commission. Handicap parkinq stalls shall complv with ADA requirements. Commissioner Grover seconded. Ayes - Ahlness, Desai, Dierich, Fischer, Grover, Kaczrowski, Trippler The motion passed. This item goes to the city council on December 12, 2005. VI. NEW BUSINESS None. VII. UNFINISHED BUSINESS CommissionerTrippler recommended that staff schedule the In-Fill study as a topic of discussion during an upcoming planning commission agenda when there are less agenda items to discuss. VIII. VISITOR PRESENTATIONS None. Planning Commission Minutes of 11-21-05 -10- IX. COMMISSION PRESENTATIONS a. Mr. Yarwood was scheduled to be the planning commission representative at the November 14, 2005, city council meeting, however there were no planning commission items to discuss. b. Mr. Trippler will be the planning commission representative at the November 28,2005, city council meeting. Items to discuss include the Easement Vacation for Lot 1, Block 1, Heritage Square Addition (North of Legacy Parkway), and the Maple Leaf Ridge Business Center at 2483 and 2497 Maplewood Drive. c. Mr. Pearson was scheduled to be the planning commission representative at the December 12, 2005, city council meeting, however he was not present at this evening's meeting so Mr. Grover said he would take Mr. Pearson's place. Items to discuss include the Easement Vacation - Legacy Village (west of Southlawn Drive, south of Legacy Parkway), Tire View Estate Preliminary Plat (east of Highway 61 at the new County Road D), and the Regions Hospital Sleep-Health Center (2688 Maplewood Drive) for a conditional use permit, building setback variance and zoning map change from R1 (single dwelling to M1 (light manufacturing). d. December 26, 2005, city council meeting No planning commission representation is needed. X. STAFF PRESENTATIONS a. The December 5,2005, PC meeting is rescheduled for Wednesday, December 7,2005, because of the city budget meeting. XI. ADJOURNMENT The meeting was adjourned at 8:15 p.m.