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HomeMy WebLinkAbout2023 11-21 PC MinutesNovember 21, 2023 Planning Commission Meeting Minutes 1 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, November 21, 2023 City Hall, Council Chambers 1830 County Road B East A. CALL TO ORDER A meeting of the Commission was held and called to order at 7:00 p.m. by Chairperson Desai B. ROLL CALL Tushar Desai, Chairperson Present Lue Yang, Vice Chairperson Present Paul Arbuckle, Commissioner Present Frederick Dahm, Commissioner Present John Eads, Commissioner Present Allan Ige, Commissioner Present Tom Oszman, Commissioner Present Staff Present: Michael Martin, Assistant Community Development Director C. APPROVAL OF AGENDA Commissioner Dahm moved to approve the agenda as presented. Seconded by Commissioner Oszman Ayes – All The motion passed. D. APPROVAL OF MINUTES 1. October 17, 2023 Planning Commission Meeting Minutes Chairperson Desai identified that Item K, Adjournment, needs to be updated to reflect that Commissioner Oszman moved to adjourn, and Chairperson Desai seconded the motion. Commissioner Ige moved to approve the October 17, 2023 Planning Commission Meeting Minutes as amended. Seconded by Vice Chairperson Yang Ayes – All The motion passed. E. PUBLIC HEARING 1. Conditional Use Permit and Variances Resolution, Saint Paul Educational Foundation Communications Monopole, 1210 Sterling Street South Michael Martin, Assistant Community Development Director, gave the presentation. Chairperson Desai opened the public hearing. Dale Romsos, VMC, LLC, addressed the commission and answered questions. November 21, 2023 Planning Commission Meeting Minutes 2 Chairperson Desai closed the public hearing. Vice Chairperson Yang moved to approve a conditional use permit and variances resolution for a 195-foot communications monopole with a height variance of 70 feet and a setback variance of 45 to be constructed at 1210 Sterling Street South. CONDITIONAL USE PERMIT AND SETBACK VARIANCES RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Dale Romsos of VMC LLC has requested approval of a conditional use permit and variances to permit a 195-foot communications monopole. 1.02 The property is located at 1210 Sterling Street South and is legally described as: PIN: 132822430022. The South seventy-four feet (S. 74') of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22, lying North of the South twenty-five (S. 25) acres, East of Sterling Street, and West of State Trunk Highway 494, it being the intention of the granters to convey a seventy-four foot (74') strip immediately to the North of the South twenty-five (S. 25) acres of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22. AND Outlot A, HIGHWOOD ESTATES NO. 2, according to the recorded plat thereof. AND That portion of the SW 1/4 of the SE1/4 of Sec. 13, T. 28, R.22, according to the Government Survey thereof, described as follows: Commencing at the SE corner of the SW 1/4 of the SE 1/4 of said Sec. 13, thence N. 50 rods, thence W. 80 rods to the Quarter Sec. line, thence S. 50 rods to the Sec. line, thence E. along the sec. line 80 rods to the place of beginning, being 25 acres, more or less. Less and Except that portion of the property conveyed by the following: As referred to in Warranty Deed recorded as Instrument No. 2717756: The east one-half of Sterling Street right-of-way that is located in the south half of Section 13, Township 28, Range 22 which is south of the south line of the following-described property and south of the (easterly) extension of said south line: the north 487.99 feet of the SW l/4 of the SE l/4 of Section 13, Township 28, Range 22. AND Outlet A, Maplewood Highlands, Ramsey County, Minnesota according to the recorded plat thereof. As referred to in Warranty Deed recorded as instrument No. 2718516: That part of the South 180.00 feet of the West 233.00 feet of the Southwest Quarter of the Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County, Minnesota lying East of the West 33.00 thereof. November 21, 2023 Planning Commission Meeting Minutes 3 Ramsey County Abstract Property Section 2. Standards. 2.01 City Ordinance Section 44-1327 requires a Conditional Use Permit for Communications Towers. 2.02 Communication Towers Conditional Use Permit Standards. City Ordinance Section 44- 1326. 1. Standards in this Code. 2. Recommendations of the planning commission and community design review board. 3. Effect of the proposed use upon the health, safety, convenience and general welfare of residents of surrounding areas. 4. Effect on property values. 5. Effect of the proposed use on the comprehensive plan. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 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. 2.04 Variance Standard. City Ordinance Section 44-13 refers to state statute which states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant November 21, 2023 Planning Commission Meeting Minutes 4 establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The proposal meets the specific variance standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit and variances request. 1. On November 21, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2. On December 11, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. The Planning Commission recommended that the City Council approve this resolution. Section 5. City Council 5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All construction shall follow the plans approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this conditional use permit in one year. 4. This conditional use permit is conditioned upon the applicant allowing the collocation of other provider's telecommunications equipment on the proposed tower. The applicant shall submit a letter to staff allowing collocation before a building permit can be issued. 5. This resolution approves a 195-foot tall communications monopole with a height variance of 70 feet and a setback variance of 45 feet. Seconded by Commissioner Oszman Ayes – All The motion passed. This item will go to the city council on December 11, 2023. F. NEW BUSINESS None G. UNFINISHED BUSINESS November 21, 2023 Planning Commission Meeting Minutes 5 None H. COMMISSION PRESENTATIONS None I. STAFF PRESENTATIONS None J. VISITOR PRESENTATIONS K. ADJOURNMENT Chairperson Desai adjourned the meeting at 7:37 p.m. Seconded by Commissioner Dahm Ayes – All The motion passed.