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HomeMy WebLinkAbout03/21/2005 MAPLEWOOD PLANNING COMMISSION Monday, March 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. March 7, 2005 5. Public Hearings 700 Ramsey County 800 Mhz Antenna Facility (645 Sterling Street South) Conditional Use Perm it 6. New Business None 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations March 14 Council Meeting: Mr. Trippler March 28 Council Meeting: Mr. Pearson? April 11 Council Meeting: Mr. Desai 10. Staff Presentations 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 21, 2005 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Chairperson Lorraine Fischer Commissioner Eric Ahlness Commissioner Jeff Bartol Vice-Chairperson Tushar Desai Commissioner Mary Dierich Commissioner Michael Grover Commissioner Daniel Lee Commissioner Gary Pearson Commissioner Dale Trippler Staff Present: Present Present Present Present Present Present Present Absent Present Ken Roberts, Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Dierich moved to approve the agenda. Commissioner Desai seconded. The motion passed. IV. APPROVAL OF MINUTES Ayes - Ahlness, Bartol, Desai, Dierich, Fischer, Grover, Lee, Trippler Approval of the planning commission minutes for March 7, 2005. Commissioner Ahlness had a correction to page 4, third paragraph, third sentence, replacing 100 GHzwith 1.2 GHz. Commissioner Trippler had a correction to page 13, last paragraph, last line, changing the acreage from 1.86 to 11.86. Commissioner Trippler moved to approve the planning commission minutes for March 7,2005, as amended. Commissioner Dierich seconded. Ayes - Ahlness, Bartol, Desai, Dierich, Fischer, Grover, Lee, Trippler Planning Commission Minutes of 03-21-05 -2- v. PUBLIC HEARING Ramsey County 800 MHz Antenna Facility (645 Sterling Street South) (7:05-7:45 pm) Mr. Roberts said Mr. Tim Mayasich, representing Ramsey County, is proposing to install a new 800 MHz antenna facility at the existing water tower at 645 Sterling Street South. This proposal would include the addition of antennas to the top of the existing tower and a new prefabricated equipment building near the base of the water tower. Ramsey County would lease the property for the facility and use from the Saint Paul Regional Water Services (the owner of the site). This item was tabled at the last planning commission meeting on March 7, 2005, this was so the applicant could have another representative from Ramsey County address the commission's questions that were raised and two representatives are present this evening to answer the commission's questions. The planning commission had requested additional trees be added to the site to screen the building. The applicant added more trees to the landscaping plan on the northeast side of the tower. Mr. Roberts said Commissioner Ahlness found a news release which he sent to staff regarding the FCC and potential interference problems faced by 800 MHz public safety radio systems. Staff has given this information to planning commission members along with a colored map of the United States frequency allocation radio spectrum. Mr. Roberts said staff recommends approval of the CUP for a public facility (the antennas and the related ground equipment) along with the design and site plans (which would normally be reviewed by the CDRB). However, staff is asking the planning commission to review the design and site plans tonight. Chairperson Fischer asked the applicant to address the commission. Mr. Paul Kirkwold, Project Manager for the 800 MHz Antenna Facility, addressed the commission. His role in this project is to facilitate the construction of the infrastructure, get it operating and then turn it over to Ramsey County. The 800 MHz system is not just a Ramsey County system but it's an integrated county system that would be used by every public safety agency in Ramsey County including Maplewood police and fire departments as well as the Ramsey County Court House. The need for a tower in South Maplewood was determined because of the necessity to have adequate radio frequencies across all spectrums of the county. The terrain is very hilly and it's difficult to get radio signals into some of those areas from antennas located a long distance away. Commissioner Trippler asked what the building would be made of. Mr. Kirkwold said the building is prefabricated with an exterior aggregate finish which could be altered within the economics they have. Mr. Scott Williams, Radio Systems Manager, Ramsey County, addressed the commission. He would be the on-going manager of this 800 MHz system once it's constructed. He comes to Ramsey County after running the system in Hennepin County for three years. He is here to answer the interference issues that were raised at the last planning commission meeting. Planning Commission Minutes of 03-21-05 -3- Mr. Williams said harmonics are a multiple of the frequency that you intend to operate on which is sort of like an echo. 800 MHz may produce an echo of 1.86 megahertz. A poorly manufactured piece of equipment and poorly designed equipment can generate harmonics or echoes which can cause interference with other services. Mr. Williams said the way the industry deals with interference is through aggressive filtering. These filters look like long metallic cylinders which direct the RF energy through these cavities. The filters are designed to resonate the energy that you want. This is your license frequency and will pass through the filter. Other signals won't pass through the chamber and will dissipate as heat. That is basically how they control the emissions so they only broadcast from their own frequency. Throughout the region there are 39 antenna sites which are operated by MnDOT and Hennepin County. In his three years working with Hennepin County he doesn't recall any complaints regarding interference. Many of these antenna sites are located in populated single-family neighborhoods. Commissioner Bartol asked iflhere was some type of maintenance that had to be done on these systems. Mr. Williams said a regular preventive maintenance program has to be done and these sites are visited multiple times a year. Iflhere are any problems with interference they are required by the FCC to correct the problem. They also post their phone number on the outside of the building for people to call with complaints as well. Commissioner Trippler asked what the difference was between this tower and towers like KSTP where he picks the radio station up on his telephone at home. Mr. Williams said the difference between this kind of tower and KSTP's tower is this tower uses a much lower wattage compared to KSTP that uses wattage in the thousands which can be overwhelming and can interfere with other systems. Chairperson Fischer said if anyone in the audience wanted to speak regarding this item to come forward and address the commission. Mr. Tom Loven, 589 Sterling Street, Maplewood, addressed the commission. Mr. Loven said he lives about 600 feet from the proposed site. He has concerns regarding the location of the building on the site and feels the building could be moved further south so it would be more neighborhood friendly. There may be other reasons why this building is proposed to be positioned in this location. He heard the assurance that there aren't going to be interference problems, but what about in the future. He asked iflhere was a possibility for future problems ifit could be written in the conditional use permit who would be responsible to take care of improvements and problems. This would help the neighbors understand who to go to in the future if problems occur. Mr. Roberts believed the building was put in that location because it's very flat in that location, which means very little grading would have to be done. The driveway wouldn't have to be extended any further, and would only require a sidewalk. By moving the building, you would be getting close to the pipelines and a spillway located there which is there in case of overflow if the water tower ever had to dump water. Because of these things, Ramsey County thought this would be the best location to minimize the other factors. Planning Commission Minutes of 03-21-05 -4- Mr. Roberts said with the landscaping that is going to be planted the building would be shielded anyway. The fact is the water tower is still there and can't be shielded no matter where you locate the building. The landscape will help hide the building but the water tower still sticks out. If Ramsey County were to make any changes or alterations Ramsey County would have to come before the city for approval. Chairperson Fischer said if there were any problems number 5 is a condition listed in the staff report and should cover any future problems. Mr. Roberts said iflhere were any problems, with Ramsey County taking care of issues that arise with this site the city could revoke the conditional use permit. Commissioner Ahlness said to help reassure the neighbors, the previous licensee of this site was Nextel, and Nextel has worked extensively in the metropolitan area for a number of years with the 800 MHz system and if the neighbors haven't experienced problems with Nextel, they probably won't with Ramsey County either since it will be a similar type of use. This is a broad system being implemented nationwide. The Government bought out the frequency Nextel was on and moved Nextel to a different frequency in order to free this frequency up for this public service use. Besides the public good that is coming from this use along with Ramsey County working with the public on this, it should be good for everyone. Mr. John Ryan, 593 Sterling Street, Maplewood, addressed the commission. He lives next door to Tom Loven and has questions regarding how tall this building is going to be and if they are going to use footings. Mr. Kirkwold said the building will have footings and the structure would be set on top. The structure will be hauled in on a truck. The building is about 9% feet tall and the landscaping will be about 8 feet tall at the time of planting, so the majority of the structure will be covered. Basically you will see the water tower and a small portion of the building surrounded by 8-foot-tall trees. Mr. Ryan said he would like the commission to consider requiring Ramsey County to move the building further out of view. Mr. Loven said if the building was moved further to the south, Ramsey County could save money on landscaping and it would be more neighborhood-friendly. Commissioner Trippler moved to adopt the resolution on pages 25 and 26 of the staff report. This resolution approves a conditional use permit to allow Ramsey County to install an 800 MHz radio facility (antennas and equipment building) at the property at 645 Sterling Street South. This approval is for the property on the southwest corner of Sterling Street and Hillwood Drive. The city bases this approval on the findings required by the ordinance and is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. Planning Commission Minutes of 03-21-05 -5- 2. The proposed construction of the new antenna facility must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city may require the owner to remove it. 5. Ramsey County shall be responsible for the costs and implementation of any corrections or changes necessary because of interference or other problems caused by this facility. The county shall make any such corrections or changes in a timely manner. Commissioner Trippler moved to approve the plans date-stamped February 4, 2005, and the revised site and landscaping plan dated March 11, 2005, for an antenna facility (including antennas and an equipment building) on the property at 645 Sterling Street South (on the southwest corner of Sterling Street and Hillwood Drive). Approval is based on the findings required by code and subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued permits for this project. 2. Before the city issues a building permit, city staff must approve the following: a. A certificate of survey for the project area that shows the proposed new construction, the location of the property lines and existing site features around the proposed lease area. b. A revised landscape and screening plan that: (1) Shows the preservation of as much of the existing vegetation as possible. (2) Shows the clean-up and the restoration of all turf areas with sod. c. A driveway, sidewalk, grading, drainage and erosion control plan for the project site. d. The plans for the equipment building that show the proposed exteriors with the designs, colors and materials. e. Project plans and specifications that meet all the requirements of the city building official. 3. Before getting a certificate of occupancy, the applicant shall remove and dispose of any debris and ensure that the site is cleaned up. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. Planning Commission Minutes of 03-21-05 -6- b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Commissioner Bartol seconded. Ayes - Ahlness, Bartol, Desai, Dierich, Fischer, Grover, Lee, Trippler Commissioner Grover recommended that Ramsey County check into the possibility of repositioning the building as per the two Maplewood residents' requests. Mr. Kirkwold said Ramsey County would check into the possibility of repositioning the building; however, without knowing what is underground as far as piping, there are no guarantees the building could go in another location other than where it is shown on the plans. There is the possibility of higher costs that could come into play if additional grading had to be done and if the driveway had to be added on to. They would work with city staff regarding this issue. The motion passed. This item goes to the city council on April 11, 2005. VI. NEW BUSINESS None. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Trippler was the planning commission representative at the March 14, 2005, city council meeting. Mr. Roberts said Gary Pearson was to be the representative; however, he called city staff stating he was ill. Mr. Roberts called Mr. Trippler because he was next on the list to be the representative at the city council meeting and he volunteered to take Mr. Pearson's place. Mr. Trippler said a number of items were discussed. The first item was the EAW report forthe Schlomka property which Rottlund Homes wanted to do themselves. Planning Commission Minutes of 03-21-05 -7- Mr. Roberts said Chuck Ahl felt it was better for the city to do the EAW report and have Rottlund homes reimburse the city for the cost of the report. Chuck Ahl had it on his agenda to discuss the site plan, concept plan and the EAW report. Rottlund Homes wasn't prepared to discuss the site plan and concept plan but was prepared to discuss the EAW report. Commissioner Trippler said the EAW report would address many things besides the noise and traffic issues. Mr. Roberts believed Rottlund Homes withdrew their request to do more work on their site plan and concept plan and would still be requesting the city do an EAW. Commissioner Trippler said Trout Land Auto Dealerships (County Road D west of Highway 61) for the conditional use permit was the second item to be discussed. Because the city council was missing the fourth Councilmember, they only had three councilmembers and the mayor to vote; therefore the item did not pass with a tie vote of 2 ayes and 2 nays. Then the city council reconsidered it and the item was finally tabled. The Overview Townhomes off McMenemy Street and south of Roselawn Avenue for 24 townhomes passed. The conditional use permit for the Outdoor Storage Area Police Impound Lot at 1160 Frost Avenue passed. Commissioner Trippler had issue with the fact that he came to the city council meeting to represent the planning commission and give their recommendation to the city council and the mayor never called on him to give the planning commission report for any of the items they discussed. b. Mr. Pearson was to be the planning commission representative at the March 28, 2005, city council meeting; however, there are no planning commission items to discuss. c. Mr. Desai will be the planning commission representative at the April 11, 2005, city council meeting. The only planning commission item to discuss is the Ramsey County 800 MHz Antenna Facility (645 Sterling Street South). The city council will also hold interviews for the planning commission. d. Gladstone Update Commissioner Trippler gave an update regarding the Gladstone Redevelopment Area. The task force recently received a packet with three different schematics of possible development plans. The next Gladstone Task Force meeting is scheduled for Thursday, March 24, 2005, at 6:30 p.m. at the Clarence Street Fire Station. The task force will go over what the next step will be in preparation for the public Gladstone meeting to be held Thursday, April 7, 2005, at 6:30 p.m. at the Maplewood Community Center. Planning Commission Minutes of 03-21-05 -8- e. Discussion regarding the letter from Jason and Kelly Lenz of 3027 Duluth Street, Maplewood. Commissioner Desai said the planning commission received a letter dated March 11, 2005, from Jason and Kelly Lenz at 3027 Duluth Street regarding the 90-unit Heritage Square 4th Addition on the Trout Land Development property. Commissioner Desai asked if staff received the same letter and if anything had been resolved regarding the Lenz letter. This was to be heard by the City Council on Monday, March 28, 2005, but now that has been changed. He asked what date that item would be heard by the city council. Mr. Roberts said that item would be heard either April 11 , 2005, or April 25, 2005. The item has been delayed because of the variance request for the driveway and frontage road that was not part of the original application, and Town & Country Homes did not want to revise their plans not to need a variance. In speaking with Tom Ekstrand, the applicant requested a setback variance for the driveway parallel to County Road D for an 8 to 10-foot setback instead of the 15-foot setback that is required by city code. Until that issue is resolved, this item cannot be brought before the city council. Commissioner Desai asked if staff knew if it was correct that the city council approved the 90 townhome units or were the facts listed in Ms. Lenz's letter factual or not? Mr. Roberts said he has not seen the letter from Ms. Lenz so he does not know what the letter states. However, he knows Mr. Ekstrand is aware how important it is to clarify the density issue before this comes back to the planning commission and then to the city council for review. Commissioner Desai said this letter went to the planning commissioners as well as city councilmembers. Commissioner Trippler gave his copy to the recording secretary to give to Mr. Ekstrand in case he had not received a copy of Ms. Lenz's letter. Commissioner Dierich said Ms. Lenz called her and Ms. Lenz said she had spoken to Mr. Ekstrand several times so Commissioner Dierich is sure Mr. Ekstrand is aware of the issues in the letter. Ms. Lenz said many of the facts that she put in the letter came from Mr. Ekstrand. Commissioner Desai said he also understood that to be the case but he doesn't get the notion it specifically states anywhere that the city council approved 90 townhome units. Commissioner Dierich said the planning commission was against the concept for apartments and high density housing in this area so the planning commission recommended R3M (medium density) because the neighborhood as well as the commission didn't want apartment units there. At the last planning commission meeting staff stated they used the apartment density because there wasn't a condominium density listed in the comprehensive plan. She believes this is what Ms. Lenz was referring to. Planning Commission Minutes of 03-21-05 -9- Commissioner Trippler said he remembered the concept plan was for between 130-170 units and the planning commission felt that was way too high next to single-family homes. The commission decided the medium density of 6 or 7 units per acre was more in line with the transition. He can't recall the planning commission giving a specific number of units. The commission was focusing their attention on what the criteria was and they recommended that the city council pass it for R3M without a suggestion for the number of units. Chairperson Fischer said that would be tied to the number of acres there were. Commissioner Desai said that is true, however, there was an issue regarding the gross acreage at 11.91 acres on one side not including the Prokosch property. Or was the issue that the Prokosch property was included in the equation. He checked into the city council minutes on the city website for the months of June and July 2004 and didn't see any wording that stated the city would incorporate the Prokosch property. Therefore, the total acreage would be 15 plus acres, so the developer could count on 90 units or that the correct acreage was 11.91 acres for a total of 70 plus units. This is where the confusion is and this needs to be cleared up. Commissioner Trippler said he remembered discussions that the applicant was in negotiations with the Prokoschs to purchase their property and felt fairly confident that purchase would go through and if the applicant acquired that property they wanted to include that in the count for the whole development. His personal opinion has always been that he doesn't think it's right for any development to look at gross acreage, but apparently that is the way it's been done for 20 to 30 years. The city says you can count ponds, pipelines, power lines, right of ways, etc. when calculating acreage even though it isn't usable property. Unless the city changes its policy, the city is locked into this calculation. Commissioner Bartol said staff said there was a written agreement between the city and the developer that the applicant could include the Prokosch property in calculating the number of units; however, after further research no such contract or written agreement exists. When using gross acreage to calculate density, you have to draw the line somewhere. You can't develop the pipeline and power line easements or the ponding area, and there are challenges with this property. Now to complicate things even more, the applicant says they are including the Prokosch property in this mix to come up with an incredibly dense development which the planning commission said they did not want in this area so close to residential. Mr. Roberts said the recording secretary will make sure Mr. Ekstrand gets a copy of the letter from Ms. Lenz and Mr. Ekstrand will be putting together the report for the planning commission and city council regarding this discussion. Chairperson Fischer asked staff what was happening with the Woodlands town home project off McMenemy Street. Mr. Roberts said that item was tabled after hearing testimony from some of the neighbors who could not be present for another public hearing date. The applicant wanted a time extension to bring revised plans back to the planning commission, but so far city staff has not seen any revised plans. When city staff has more information, another mailing will go out to the neighbors regarding a new public hearing date. Planning Commission Minutes of 03-21-05 X. STAFF PRESENTATIONS None. XI. ADJOURNMENT The meeting was adjourned at 8:15 p.m. -10-