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Home My WebLink About2019-02-19 PC Packet AGENDA CITY OF MAPLEWOOD PLANNING COMMISSION Tuesday, February 19, 2019 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. January 15, 2019 5. Public Hearing a. 7:00 p.m. or later: Wetland Buffer Variance Resolution for an Addition to a Single Family Home, 1603 Mary Street North b. 7:00 p.m. or later: Wetland Buffer Variance Resolution, Lot Division and Reduced Front Yard Setback Authorization for a New Single Family Home, 2659 Geranium Avenue East 6. New Business a. Resolution of Appreciation for John Donofrio, Planning Commission 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. January 28, 2019 city council meeting — Commissioner Desai • Conditional Use Permit Resolution, Used Auto Sales, 1955 County Road D East b. February 25, 2019 city council meeting — Commissioner Arbuckle • 2018 Planning Commission Annual Report • Planning Commission's Rules of Procedure —Annual Review 10. Staff Presentations 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 15, 2019 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 7:00 p.m. by Chairperson Arbuckle. 2. ROLL CALL Paul Arbuckle, Chairperson Present Frederick Dahm, Commissioner Present Tushar Desai, Commissioner Present John Eads, Commissioner Absent Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Staff Present: Michael Martin, Economic Development Coordinator Planner, Jane Adade 3. APPROVAL OF AGENDA Commissioner Kempe moved to approve the agenda as submitted. Seconded by Commissioner Ige. Ayes —All The motion passed. 4. APPROVAL OF MINUTES Commissioner Ige moved to approve the November 20, 2018, PC minutes as submitted. Seconded by Commissioner Dahm. Ayes —All The motion passed. 5. PUBLIC HEARING a. 7:00 p.m. or later: Conditional Use Permit Resolution, Used Auto Sales, 1955 County Road D East. i. Economic Development Coordinator, Michael Martin introduced the item and turned the presentation over to Planner Adade. ii. Planner, Jane Adade, gave the report on the CUP Resolution for Used Auto Sales, 1955 County Road D East and answered questions of the commission. iii. The applicant, Joshua Burrs, The Car Buying Center, 1955 County Road D East, Maplewood, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. There were no speakers to address the commission. Chairperson Arbuckle closed the public hearing. January 15, 2019 1 Planning Commission Meeting Minutes Commissioner Kempe moved to approve the Conditional Use Permit Resolution, Used Auto Sales, 1955 County Road East subject to the following conditions: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Any exterior improvements would require city review for design approval. 2. The applicant shall comply with all requirements set forth in the building report dated January 7, 2019, by Jason Brash, Building Official. 3. The applicant shall not display vehicles in the front of the building and in designated customer parking spaces. Vehicles on display are restricted to the site and rear of the building. 4. The dealership shall only park vehicles on designated paved surfaces. 5. Prior to issuance of a building permit the applicant must submit a detailed photometric plan to staff if there would be any new site lights installed. The plan should comply with city lighting code. 6. Prior to issuance of a certificate of occupancy the applicant must: 1) Restripe the parking lot. 2) Clear the site of all trash and debris. 3) Construct trash and dumpster enclosure subject to city code requirement, unless trash dumpsters are stored indoors. 4) Work with the Police Department to create an anti-theft environment. 7. The applicant shall not undertake any auto repair works on the site except for minor detailing works to prepare cars for sale. January 15, 2019 2 Planning Commission Meeting Minutes 8. All signs require a separate sign permit and must meet city code requirements. 9. The city council shall review this permit in one year. Seconded by Commissioner Dahm. Ayes - All The motion passed. This item will go to the city council on January 28, 2019. 6. NEW BUSINESS a. Planning Commission's Rules of Procedure—Annual Review i. Economic Development Coordinator, Michael Martin gave the report on the Planning Commission's Rules of Procedure. Commissioner Desai moved to approve the Planning Commission's Rules of Procedure—Annual Review. Seconded by Commissioner Ige. Ayes - All The motion passed. This item will go to the city council on February 11, 2019. b. City Council Meeting Attendance Schedule for Planning Commissioners i. Economic Development Coordinator, Michael Martin discussed the report on the city council meeting attendance for the Planning Commissioners. X* c. 2018 Planning Commission Annual Report i. Economic Development Coordinator, Michael Martin gave the 2018 Planning Commission Annual Report. Commissioner Desai moved to approve the 2018 Planning Commission Annual Report. Seconded by Commissioner Dahm. Ayes —All The motion passed. This item will go to the city council on February 25, 2019. 7. UNFINISHED BUSINESS a. Amend City Code to Require Developer Open House Meeting For Major Land Use Applications. i. Economic Development Coordinator, Michael Martin gave a short background to the item and turned the item over to Planner Adade. ii. Planner, Jane Adade, gave the report on Amend the City Code to Require Developer Open House Meeting for Major Land Use Applications. Commissioner Desai said in Minneapolis a single family home can be changed into a multi-family home without much discussion. Commissioner Desai felt strongly that if that were to happen in Maplewood there should be a neighborhood meeting for the surrounding neighbors to voice their concerns. January 15, 2019 3 Planning Commission Meeting Minutes Commissioner Dahm moved to recommend to approve Amending the City Code to Require Developer Open House Meeting for Maior Land Use Applications. Seconded by Commissioner Kempe. Ayes —All The motion passed. This will go to the city council meeting but the date has not been determined yet. 8. VISITOR PRESENTATIONS 1. Joe Plumbo, 176 Skillman Avenue East, Maplewood addressed the commission opposing the removal of the Visitor Presentations from the meetings. 9. COMMISSION PRESENTATIONS a. January 28, 2019 City Council meeting — Commissioner Desai • Conditional Use Permit Resolution, Used Auto Sales, 1955 County Road D East. b. February 25, 2019 City Council meeting — (These items were scheduled for February 11, 2019 with Chairperson Arbuckle being the representative but was moved to February 25, 2019 so it will either be Commissioner Dahm or Chairperson Arbuckle representing the PC at this meeting.) • 2018 Planning Commission Annual Report (this was moved from February 11, 2019) • Planning Commission's Rules of Procedure—Annual Review 10. STAFF PRESENTATIONS None. 11. ADJOURNMENT Chairperson Arbuckle adjourned the meeting at 7:53 p.m. January 15, 2019 4 Planning Commission Meeting Minutes PLANNING COMMISSION STAFF REPORT Meeting Date February 19, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Wetland Buffer Variance Resolution for an Addition to a Single Family Home, 1603 Mary Street North Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Ann Rivard, owner of 1603 Mary Street North, is proposing to construct a four season porch addition on the back side of her home. The addition will come within 32 feet of a Manage B wetland. City code requires a 75 foot wetland buffer adjacent a Manage B wetland. The addition will require a 43-foot wetland buffer variance. Recommended Action: Motion to approve the attached resolution approving the wetland buffer variance and buffer mitigation strategies for an addition to the single family home at 1603 Mary Street North. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The application for the variance was considered complete on January 2, 2019. State law requires that the City decide on the variance within 60 days, or if that timeline cannot be met the City must extend the application in writing for an additional 60 days. The 60-day deadline for City Council action is February 26, 2019. Background The applicant's home at 1603 Mary Street was constructed in 1988. There is a Manage B wetland located on the west side of the lot, in the back yard. The existing home is located 50 feet from the wetland. The back yard consists of mowed grass with a 20-foot wide rock bed adjacent the 1 wetland. The City's wetland ordinance requires a 75 foot buffer around a Manage B wetland. That buffer could be reduced to 50 feet in some areas if the overall buffer maintains an average of 75 feet. No mowing, cutting, grading, or building is allowed within the buffer. The property is considered a pre-existing nonconforming lot since there is no wetland buffer being maintained adjacent the wetland at this time. Four Season Porch Addition The four season porch addition will be 18 feet deep by 14 feet wide (252 square feet in area). The existing home is located within 50 feet of the Manage B wetland. The addition will encroach further into the back yard, and be located within 32 feet of the wetland. The addition will require a 43-foot wetland buffer variance. Nonconforming Single Family Home Additions The City's wetland ordinance allows additions to pre-existing nonconforming single family homes if the addition does not encroach closer to the wetland than the existing home. In this case the applicant could feasibly construct an addition behind the attached garage without encroaching closer to the wetland. Due to the floor plan of the home, however, an addition in that location would not be practical. State Law State law requires that variances shall only be permitted when they are found 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. The applicant states in her narrative attached that she would like to construct a four season porch in order to use her pre-existing non-conforming property in a reasonable manner. City staff finds that the construction of an addition to the back of the home will allow the homeowner to create a more livable space and will not alter the character of the neighborhood. Wetland Buffer Variance Procedure Before the City Council acts on a wetland buffer variance the Environmental and Natural Resources Commission and the Planning Commission will make a recommendation on the variance and wetland buffer mitigation strategies. The City shall hold a public hearing for the variance with the Planning Commission. The City shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing. The City may require the applicant mitigate the wetland buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in the mitigation strategies outlined below. 2 Wetland Buffer Mitigation Strategies The City's wetland ordinance states the City may require an applicant to 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 the impact 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 percent 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. Department Comments Senior Engineering Technician, John DuCharme: There is a 55-foot-wide drainage and utility easement that covers the west side of the lot (see Drainage and Utility Easement attached). The back of the house is about 35 feet from the east line of the easement and about 90 feet from the east right-of-way line. The construction of the addition will not have an impact on the easement. Assistant City Engineer, Jon Jarosch: For reference, a raingarden designed to capture and treat runoff from the proposed 252 square foot addition would need to be 30 cubic feet in size (approximately 5 wide x 6 feet long x 1 foot deep). Natural Resource Coordinator, Ginny Gaynor. Improvements to the wetland buffer will help mitigate the encroachments into the wetland buffer by the addition. Following are suggested wetland buffer mitigation strategies: 1. Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). 2. Wetland buffer restoration must be located directly behind the addition in one of two areas: 3 a. Along the east edge of the rock bed, within the mowed grass area. b. With the rock bed, removing the rock and planting native vegetation in their place. 3. Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Plants should be prairie flowers and grasses. Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in area if native shrubs are used. 4. The applicant must submit a planting plan, preferably prepared by a person with native plant experience. Building Official, Jason Brash: All construction shall be built per 2012 IRC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, and 2015 Minnesota Building Code. Recommended Mitigation Strategies City staff discussed two wetland buffer mitigation strategies to minimize the impacts of the addition to the wetland including a raingarden and a buffer of native plants near the wetland. Since the back yard consists of mowed grass and a rock bed, staff determined that planting a buffer of native plants near the wetland would allow stormwater runoff from the entire site to filter into the buffer prior to entering the wetland. Following are the proposed mitigation strategies: 1. Planting plan for the restoration of the wetland buffer. The plan should be prepared by a person with native plant experience and include: a. Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). b. Wetland buffer restoration must be located directly behind the addition in one of two areas: 1) Along the east edge of the rock bed, within the mowed grass area. 2) With the rock bed, removing the rock and planting native vegetation in their place. C. Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Plants should be prairie flowers and grasses. Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in area if native shrubs are used. 2. A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer mitigation. Prior to release of the wetland buffer mitigation surety, the wetland buffer native plantings must be established. Commission Review The Environmental and Natural Resources (ENR) Commission reviewed the wetland buffer variance and mitigation strategies for the project during their January 23, 2019, meeting. The ENR 4 Commission recommended approval of the variance and mitigation strategies as proposed by City staff. Reference Information Site Description Site size: 14,400 square feet, .33 acres Existing land use: Single Family Home Surrounding Land Uses North: Single Family Homes South: Single Family Homes West: Vacant Lot, Manage B Wetland East: Single Family Homes across Mary Street North Planning Land Use Plan: Single Family Residential Zoning: Single Family Residential Attachments 1. Variance Resolution 2. Narrative 3. Location Map 4. Site Plan 5. Drainage and Utility Easements 6. Example Elevations 5 Attachment 1 VARIANCE RESOLUTION WHEREAS, Ann Rivard applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 1603 Mary Street North, Maplewood, MN. The property identification number is 24-29-22-21-0073. The legal description is Lot 13, Block 2, Caves Junek Park. WHEREAS, Section 12-310 of the City's ordinances (Wetlands and Streams) requires a 75 foot wetland buffer adjacent to a Manage B wetland. WHEREAS, the applicant is proposing to construct a 252 square foot four season porch addition on the west side of her house. The addition will come within 32 feet of the Manage B wetland, requiring a 43-foot wetland buffer variance. WHEREAS, the history of this variance is as follows: 1. On January 23, 2019, the Environmental and Natural Resources Commission reviewed the wetland buffer variance and mitigation strategies and recommended approval of the wetland buffer variance to the City Council. 2. On February 19, 2019, 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 recommended of the wetland buffer variance to the City Council. 3. The City Council held a public meeting on , 2019 to review this proposal. The City Council considered the report and recommendations of the city staff, the Planning Commission, and the Environmental and Natural Resources 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 construction of an addition to the back of the house. The addition will not alter the character of the neighborhood, will help create a more livable home, and allow the applicant a reasonable use of her pre-existing nonconforming property. 2. Approval of the wetland buffer variance will include mitigation strategies to reduce the impacts to the wetland. This includes the planting of native plants along the edge of the wetland. 3. Approval would meet the spirit and intent of the ordinance with the construction of a four season porch addition on a lot that is zoned residential and designated residential in the City's comprehensive plan. Attachment 1 Approval of the wetland buffer variance shall be subject to the following: 1. Prior to issuance of a building permit for the four season porch addition at 1603 Mary Street North the applicant must submit: a. Planting plan for the restoration of the wetland buffer. The plan should be prepared by a person with native plant experience and include: 1) Minimum 252 square foot in area, at least 5 feet in width, wetland buffer restoration of native vegetation (i.e., 10 feet wide x 25 feet long or 5 feet wide by 50 feet long). 2) Wetland buffer restoration must be located directly behind the addition in one of two areas: a) Along the east edge of the rock bed, within the mowed grass area. b) With the rock bed, removing the rock and planting native vegetation in their place. 3) Wetland buffer restoration must be planted with Minnesota native plants (not seed) in a mulch bed. Plants should be prairie flowers and grasses. Or, alternatively, the applicant can plant native shrubs in a mulch bed. However, the size of the planting shall be doubled to 504 square feet in area if native shrubs are used. b. A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer mitigation. Prior to release of the wetland buffer mitigation surety, the wetland buffer native plantings must be established. 2 Attachment 2 Include a separate statement showing how you would meet these findings. Include electronic copies of written project statements or narratives. I would like to use my property, located at 1603 Mary Street North, Maplewood MN 55119, in a reasonable manner by installing a 14x18 foot 4-season porch and requesting the following hardship variance/exemption for my existing non-conformina property,?W wetland buffer. 43 ' li-74/1 � If a variance is granted, I will not unreasonably impact/alter the essentiai character of the locality or the neighborhood nor impact the adjacent wetland. Approximately 90% of the nearby homes have existing decks/porches ensuring I would not be an anomaly. The porch plan and landscape are designed to negate any impact to the wetland. The existing landscape includes trees and up to 20+feet of rock-lined shore to preserve the look, integrity and safety of the wildlife habitat. Thank you in advance for your consideration. Please contact me or follow up you require at 651-278-9595. Best regards, Ann Ann Rivard, homeowner 1603 Mary Street North Maplewood MN 55119 651-278-9595 (cell) Attachment 3 m 04 V / • Cu 7 C Cu 7 r � r' M Iv 4 41 { d d L 0 O 1 M m m m 0 O _A -j a ��'i (6 (6 (6 d Co4 r V • , kyr,'/. �" � R U T --------------------------------------------------.—.— s .—._._._----. ' Attachment 4 i I i I I i I i I i I I I I I ( I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I 1 I i I I I f I i I � I I I I I I I i I I I I McIfirrW&HOUSE I 1 I 1 I i I I I I I I 1 I I I I I I I I I I I I I I I f 1 i I ~` ' I 50 feet to edge of wetland i I i i µ i i p i I � i r � r i North i EAS?ED"OF ROCK- ED B ------------------------------ i i I ' Manage B Wetland Attachment 5 /1 CERTIFICATE OF SURVEY CARL W. PETERSON & ASSOC., INC. 7475 IS►h Street North-Suite 100 Oakdale , Minnesota 33119 (612) 733-7606 SURVEY MADE FOR: MONTGOMERY HOMES,1397 GENEVA AVE. NO.,SUITE 202, OAKDALE,MN. 55119 PROPERTY DESCRIPTION: Lot 13 ,Block 2 ,CAVES JUNEK PARK, according to the plat lhsrsof on file and of record in the Office of the County Recorder, Ramsey County, Minntsotc. CAVES JUNEK PARK j 4 S PRELIMINARY SUBJECT TO -�z- REVISION - v4A1:)ti M t.tJlJl� r M MARY $ STREET 8 N Ol°09'24"E M NA6E if UTILITY EASEMENT 0C 1 aweAed 5 ty c. M Q n a l U 40 I7 8Q Z z- If/O 1 r 8 0 � h DRAINAGE AND UTILITY A'41CMEAr t 80.00 N 01"09'24"E NOTE— Side lot lines that intersect curved street lines ors radial lines,unless noted. I hereby cerfify that this survey, pion or report 0 DENOTES I/R INCH IRON PIPE was prepared by me of under my direct MONUMENT SET, MARKED WITH supervision and $hat I am a duty Regis/eros A PLASTIC CAP INSCRIBED Land Surveyor under the laws of the "FREEMAN RLS 16989". Stale,ILJ,AJ_--/(n�e,o/q•NA R Y DENOTES IRON MONUMENT FOUND, SUBJECT,;. TO 1/2 INCH IRON MONUMENT MARKED WITH A PLASTIC CAP INSCRIBED "RLS NO. 10947". BEARING ORIENTATION IS BASED ON ASSUMED DATUM. TIMOTHY f. FREEMAN Dare Minnesota RLS 16989 23 90 MOTrO///c/c/ cc//cc etc rr/w/ scsrcl. Attachment 6 lS4 Example Style, except a four season porch with walls/windows. ,4 Porch to have an 1, overhang with r patio. a, PLANNING COMMISSION STAFF REPORT Meeting Date February 19, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Wetland Buffer Variance Resolution for a New Single Family Home, 2659 Geranium Avenue East Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Ben Thone of Thone Builders is proposing to subdivide the lot at 2659 Geranium Avenue into three parcels. Parcel A will contain the existing single family home, and Parcels B and C will be developed with new single family homes. There is a Manage C wetland located on the northeast corner of the lot. City Code requires a 50 foot buffer be maintained around a Manage C wetland. No mowing, cutting, grading, or building is allowed within the buffer. The new single family home on Parcel C will be constructed 10 feet closer to the road than City code allows. Grading for that home will come to within 30 feet of the Manage C wetland. Development of 2659 Geranium Avenue as proposed requires a 20-foot wetland buffer variance, and a lot division and reduced front yard setback authorization. Recommended Action: Motion to approve the attached resolution approving the wetland buffer variance and buffer mitigation strategies for a new single family home on Parcel C of the subdivided 2659 Geranium Avenue property. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The application for the wetland buffer variance was considered complete on January 4, 2019. State law requires that the City decide on the variance within 60 days, or if that timeline cannot be met the City must extend the application in writing for an additional 60 days. The 60-day deadline for City Council action is March 5, 2019. Background Ben Thone purchased the property at 2659 Geranium Avenue last year in hopes of subdividing it into three lots, one parcel for the existing home and two parcels for the development of new single family homes. The subdivision of a lot into three parcels requires administrative review and approval by City staff if they meet the required lot dimensions and setbacks. The applicant had submitted the lot division application for review by City staff. However, during survey work on the property it was discovered that there is a wetland located on the northeast side of the lot. The wetland was not identified on the City, Watershed District, or National wetland maps. The applicant had the wetland delineated. The Ramsey-Washington Metro Watershed District approved the delineation and classified the wetland as a Manage C. Lot Division and Front Yard Setback City staff worked with the applicant to create a development plan that would have minimal impacts on the newly discovered wetland. By meeting the minimum lot width requirements for Parcel A and B, it created a larger Parcel C allowing room for development of the new single family home as far away from the wetland as possible. Following are the lot division and front yard setback details: Single Family Lot Guidelines Single family lots are required to have at least 10,000 square feet in area and be at least 75 feet in width at the building setback line. The current lot is 1.61 acres in size. Subdivision of the lot will create three parcels that meet the dimension and setbacks of existing structures as follows: • Parcel A (Existing Home): 75 feet in width at the building setback and 18,918 square feet in area. Existing home will meet the minimum setback requirements to the lot lines. • Parcel B (Vacant Lot): 75 feet in width at the building setback and 17,625 square feet in area • Parcel C (Vacant Lot): 143.66 feet in width and 31,551 square feet in area Front Yard Setback The two new single family homes must be constructed with a front yard setback that is in line with existing homes on each side. In this case, 41 feet to the front property line. The new single family home on Parcel C will be constructed 21 feet closer to the front property line, within 20 feet. This will shift the house as far away from the wetland as possible. City code allows for reduced front yard setbacks if it does not adversely affect the drainage of surrounding properties, affect the privacy of adjacent homes, or save significant natural features. The 20-foot front yard setback for Parcel C will comply with all three of these standards. Wetland Ordinance Manage C Wetland City code requires a 50-foot wetland buffer be maintained around a Manage C wetland. No mowing, cutting, grading, or building is allowed in the buffer. Grading for the new single family 2 home on Parcel C will come to within 30 feet of the Manage C wetland, requiring a 20-foot wetland buffer variance. The new single family home on Parcel B will maintain the required wetland buffers. Wetland Buffer Variance Procedure Before the City Council acts on a wetland buffer variance the Environmental and Natural Resources Commission and the Planning Commission will make a recommendation on the variance and wetland buffer mitigation strategies. The City shall hold a public hearing for the variance with the Planning Commission. The City shall notify property owners within 500 feet of the property for which the variance is being requested at least ten days before the hearing. The City may require the applicant mitigate the wetland buffer alteration impacts with the approval of a variance, including, but not limited to, implementing one or more of the strategies listed in the mitigation strategies outlined below. State Law State law requires that variances shall only be permitted when they are found 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. The applicant states in his narrative attached that construction of the new single family home on Parcel C will not alter the essential character of the neighborhood. The wetland buffer variance will ensure there is a family-friendly rear yard use. City staff finds that the new single family home is in harmony with the surrounding residential uses. Wetland Buffer Mitigation Strategies The City's wetland ordinance states the City may require an 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 the impact 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. 3 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 percent 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. Recommended Mitigation Strategies To mitigate the impacts of the development of the new single family home near the Manage C wetland on Parcel C, City staff recommends the following mitigation strategies: 1. Wetland Buffer Sign Plan: a. Prior to issuance of a grading permit the applicant must submit a wetland buffer sign plan that shows the location of at least four signs installed along the buffer on Parcels B and C. b. Wetland buffer signs will indicate no mowing, cutting, grading, or building is allowed in the buffer. C. Applicant will survey sign locations along wetland buffer prior to installation. 2. Wetland Restoration: a. Prior to issuance of a grading permit the applicant must submit a wetland buffer restoration plan as follows: 1) Buffer restoration area to be a minimum 1,622 square feet in area, located on the north side of the grading limits on Parcel C. 2) Buffer restoration area must be planted with Minnesota native plants (not seed) in a mulch bed. 3. Tree Preservation Plan: a. The applicant will submit a tree preservation plan as follows: 1) Location, size, species of all significant trees on Parcels B and C. 2) Grading limits and tree removal for Parcels B and C. 3) Landscape plan showing all required replacement trees per City code. 4 4. A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer signs, native wetland buffer plantings, and any required tree replacement. Prior to release of the escrow, the wetland buffer signs must be installed, native plantings must be planted and established, and all required replacement trees planted with at least a one-year warranty on tree replacement. Commission Review The Environmental and Natural Resources Commission reviewed the wetland buffer variance and mitigation strategies during their January 23, 2019, meeting. The ENR Commission recommended approval of the variance and mitigation strategies as proposed by City staff. REFERENCE INFORMATION Reference Information Site Description Site size: 70,201.30 square feet, 1.61 acres Existing land use: Single Family Home Surrounding Land Uses North: Single Family Homes South: Single Family Homes Across Geranium Avenue West: Single Family Homes East: Single Family Homes Planning Land Use Plan: Single Family Residential Zoning: Single Family Residential Attachments 1. Variance Resolution 2. Narrative 3. Location Map 4. Survey 5. Example Elevations 5 Attachment 1 VARIANCE RESOLUTION WHEREAS, Ben Thone applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 2659 Geranium Avenue, Maplewood, MN. The property identification number prior to subdivision is 25-29-22-11-0018. The legal description prior to subdivision is Lots 17 through Lot 19, Block 6, Midvale Acres No. 2. The legal description after subdivision is that part of Lots 17, 18 and 19, Block 6, Midvale Acres No. 2, Ramsey County, Minnesota lying East of the West 150.00 feet thereaof. WHEREAS, Section 12-310 of the City's ordinances (Wetlands and Streams) requires a 50 foot wetland buffer adjacent to a Manage C wetland. WHEREAS, the applicant is proposing to construct a new single family home on the new lot. Grading for the new home will come within 30 feet of the Manage C wetland, requiring a 20 foot wetland buffer variance. WHEREAS, the history of this variance is as follows: 1. On January 23, 2019, the Environmental and Natural Resources Commission reviewed the wetland buffer variance and mitigation strategies and recommended approval of the wetland buffer variance to the City Council. 2. On February 19, 2019, 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 recommended of the wetland buffer variance to the City Council. 3. The City Council held a public meeting on , 2019 to review this proposal. The City Council considered the report and recommendations of the city staff, the Planning Commission, and the Environmental and Natural Resources 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 would not allow for a family-friendly back yard for the new single family home. The single family home will not alter the character of the neighborhood. 2. Approval of the wetland buffer variance will include mitigation strategies to reduce the impacts to the wetland. This includes the planting of native plants along the edge of the wetland. 3. Approval would meet the spirit and intent of the ordinance with the construction of a single family home on a lot that is zoned residential and designated residential in the City's comprehensive plan. Attachment 1 Approval of the wetland buffer variance shall be subject to the following: 1. Wetland Buffer Sign Plan: a. Prior to issuance of a grading permit the applicant must submit a wetland buffer sign plan that shows the location of at least four signs installed along the buffer on Parcel B and C. b. Wetland buffer signs will indicate no mowing, cutting, grading, or building is allowed in the buffer. C. Applicant will survey sign locations along wetland buffer prior to installation. 2. Wetland Restoration: a. Prior to issuance of a grading permit the applicant must submit a wetland buffer restoration plan as follows: 1) Buffer restoration area to be a minimum 1,622 square feet in area, located on the north side of the grading limits on Parcel C. 2) Buffer restoration area must be planted with Minnesota native plants (not seed) in a mulch bed. 3. Tree Preservation Plan: a. The applicant will submit a tree preservation plan as follows: 1) Location, size, species of all significant trees on Parcels B and C. 2) Grading limits and tree removal for Parcels B and C. 3) Landscape plan showing all required replacement trees per City code. 4. A cash escrow or letter of credit to cover 150 percent of estimated cost of the wetland buffer signs, native wetland buffer plantings, and any required tree replacement. Prior to release of the escrow, the wetland buffer signs must be installed, native plantings must be planted and established, and all required replacement trees planted with at least a one-year warranty on tree replacement. 2 Attachment 2 Thone Builders 2242 Cottage Grove Alcove,Woodbury MN 1651-436-2459 1 Ben@thonebuilders.com January 7th, 2019 City of Maplewood RE: Variance Application Environmental&Economic Development Department 1902 County Road B East,Maplewood, MN. 55109 Dear City of Maplewood RE: Variance Application: This site was originally subdivided by Midvale Acres No.2 in 1938. At that time our site was subdivided into 3 single family lots. The plat indicates low ground running through these three lots as well as many additional lots on the plat. At some point said three lots were consolidated into one tax parcel and a home built on the west side of the property. We are now intending to re-subdivide back into three parcels. Parcels B and C on the proposed lot split are severely affected by a small rear yard wetland which has been delineated and approved by the Watershed District. This wetland is drained by an existing clay storm pipe which was installed many years ago. The inlet for the clay pipe was found to be crushed and non-functional when the survey work was done on this lot split back in August of 2018. Due to the lack of a functional outlet,the surrounding area has become saturated and a wetland has developed. This wetland lies within proposed Parcels B and C and is 10,186sf in area. The watershed has no wetland buffer requirements for a wetland less than 1 acre. However,the city has a 50-foot wetland buffer requirement around this wetland. Said buffer,is about two and a half times larger(25,102sf)than the actual wetland and so places a huge restriction on the two easterly parcels as far as buildable and usable yard area. We feel a decent sized home can be built,and yard graded,on Parcel B with the 50-foot wetland buffer requirement remaining as is. However,on Parcel C,in order to build an acceptable size home with a decent rear yard slope down to natural grade we will need some variance help. Without a variance only a 24-foot-deep home could be built leaving no room for a slope to the rear natural grade out of the walkout(this is a non-buildable situation). We are proposing a reduction in the front yard setback by 10 feet. The 30-foot front setback would become a 20-foot setback. This will help expand the building area front to back. In addition, we are asking for a wetland buffer variance in the proposed house pad area from 50 feet down to a width of about 30 to 32 feet. Said reduction in buffer is more fully shown in hatched highlight on the lot split survey. The approval of the two variances will allow for a 35+-foot deep home,and will allow us to grade an acceptable slope down from the rear walkout wall down to natural grade. Said grading allows for a 10-foot-wide yard area directly behind home with a 5%slope and in addition another 7 feet or so to slope down at about 15%to natural grade. This area would remain outside the buffer and could be sodded and used for normal rear yard purposes(ex: swing set,patio,fire pit,lawn games)free from buffer requirements. The approval of the above variances will allow a home to be built which is in harmony with the existing zoning district and comprehensive plan. Said residential single-family home will have a smaller front yard setback. This however fits with the existing neighborhood as the front yard setbacks for existing homes are not standard but vary from 30 feet to around 70 feet. The variance will allow a home with a main floor approximately 1,100sf in size to be built with potential additional square footage on a second level. This fits the neighborhood well. The five nearest adjacent homes currently range from 952sf up to 2320sf in size. The variance is not requested to build a home that is larger than most but rather a home that fits the existing neighborhood average size. All homes in the area have large rear yards which are used for common family uses such as play space for kids,entertaining friends,grilling,gardening etc.Currently without a variance,there will be no family and neighborhood friendly rear yard use. With the requested variance,the rear yard on this lot can be used for the Attachment 2 same types of uses as adjacent homes. Do to the wetland buffer area that will remain and apply to this lot,said uses will be restricted and limited(15'-19')to the space directly adjacent to the rear of the structure,but enough yard will be available for the common neighborhood rear yard uses. The above clearly shows that this requested variance will not alter the essential character of the locality but in fact will make it conform more closely to said character. Sincerely, Benjamin Thone, (Land Owner-Developer) Vice President Attachment 3 m 0 N �R R R ` 1 0 _ b 4 � i .� � ��,.. sw max'• AlhoLO LU r.. 'a Co + - 0 N 3 � C i R m () p � K C D vti V cC cC Z a- . � O C C U - j o fn Attachment 4 0 Co -50 Co _ \@ s 11 LJ — f e 9� CO \\ _ y�a� • a: M 11E — l 3 3 w TA Wa^ O 04 ig Co BE 0 I g a � P� as a • s a G= �m> a, o, 2 � m a a } s e a a�Eg x \ _ a v a 3 rs y dS ea inn• 00000000000000000000000000 0000000 Y - - SR ozH oh - Q __ _ - - O N_•_ .E �__-_ �_�mo_ qT H i W - -- z = _ - - MID C3 d aE m-• m=e�_�E m, � �.E.-_ �E 3ma. C aS2.2 3-.� X5.1 S II II �1 IIIIIIIIi�IIIIIilllill�lllll� r 'IIIIIIIIIIIIII;IIIIIIIIIIIIICII � ISI Q I�I�f■I 0 �' 1'J�I1I SingleHouse • Example Attachment 5 i Single Family House - Example 2 PLANNING COMMISSION STAFF REPORT Meeting Date February 19, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, Economic Development Coordinator PRESENTER: Michael Martin, Economic Development Coordinator AGENDA ITEM: Resolution of Appreciation for John Donofrio, Planning Commission Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: When citizen members end their time of service on a board or commission, the city considers adoption of a resolution of appreciation recognizing the individual for their time committed to serving Maplewood. Recommended Action: Motion to approve a resolution of appreciation for Planning Commission member John Donofrio. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The City of Maplewood appreciates its citizen volunteers who serve on the city's board and commissions and works to provide recognition for members upon resignation. Background John Donofrio recently resigned as a member of the Maplewood Planning Commission due to time commitments. The city council appointed Mr. Donofrio to the Planning Commission on February 11, 2013 and he served until November 20, 2018. Attachments 1. Resolution of Appreciation for John Donofrio RESOL UTION OF APPRECIATION WHEREAS, John Donofrio has been a member of the Maplewood Planning Commission since February 11, 2013 and has served faithfully in that capacity until November 20, 2018;and WHEREAS, the Planning Commission and the City Council has appreciated John's experience, insights and good judgment;and WHEREAS, John has freely given of his time and energy, without compensation,for the betterment of the City of Maplewood; and WHEREAS, John has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE,ITIS HEREBYRESOLVED for and on behalf of the City of Maplewood,Minnesota, and its citizens that John Donofrio is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on , 2019 Marylee Abrams,Mayor Passed by the Maplewood Planning Commission On February 19, 2019 Paul Arbuckle Chairperson Attest: Andrea Sindt, City Clerk