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HomeMy WebLinkAbout05/21/2007 MAPLEWOOD PLANNING COMMISSION Mondav. May 21,2007, 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 May 1, 2007 5. Public Hearings 7:00 2008 - 2012 Capital Improvements Plan (Note: The CIP is not yet ready for review. As such, the city will need to reschedule the hearing for this item for a later date.) 7:45 Pond Overlook (2161 County Road D) Rezoning (F to R-2) Conditional Use Permit for Planned Unit Development Preliminary Plat 6. New Business None 7. Unfinished Business Annual Tour Update 8. Visitor Presentations 9. Commission Presentations May 7 Special Council Meeting:Mr. Yarwood May 10 South Maplewood Study Area Meeting: ?? May 14 Council Meeting: ?? (was to Mr. Walton) June 11 Council Meeting: Mr. Walton June 25 Council Meeting: Mr. Desai 10. Staff Presentations 11. Adjoumment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA MONDAY. MAY 21, 2007 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Present Present Present at 7:06 p.m. Present Present Present at 7:02 p.m. Present Staff Present: Ken Roberts, Planner Lisa Kroll, Recording Secretary Michael Thompson, Staff Engineer III. APPROVAL OF AGENDA Chairperson Fischer asked staff if the 2008 - 2012 Capital Improvements Plan on the agenda should be stricken and tabled since it wasn't ready to review this evening? Mr. Roberts said the 2008 - 2012 Capital Improvements Plan must remain on the agenda because the city pUblished it as a public hearing forthe 7:00 timeframe. When the CIP is ready it will be brought back to the planning commission at a later date. Commissioner Pearson moved to approve the agenda. Commissioner Desai seconded. Ayes - Desai, Fischer, Pearson, Trippler, Walton, Yarwood The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for May 1,2007. Commissioner Trippler had corrections to pages 9, 11, 18, and 21. On page 9, in the fourth paragraph, fourth line, change the word alleviate to provide. On page 11, in the ninth paragraph, third line, before the word catch insert the word not. On page 18, in the fourth paragraph, at the end of the first sentence, delete the words the T in. On page 21, in the tenth paragraph, second line, the beginning of the new sentence should be rewritten to read SJ:\e.wfete She said she wrote to the commission. Planning Commission Minutes of 05-21-07 -2- Chairperson Fischer said she didn't remember seeing anything in the last planning commission staff report regarding the state setback requirements for the Keller Lake Convenience Store LP tank review. Mr. Roberts said he didn't believe that information was in the staff report but staff would make sure it gets included in the next staff report when that item comes back to the planning commission. Commissioner Hess had a correction on page 7, in the thirteenth paragraph, changing !:lay lights to halide lights. Commissioner Trippler moved to approve the planning commission minutes for May 1,2007, as amended. Commissioner Yarwood seconded. Ayes - Fischer, Hess, Pearson, Trippler, Walton, Yarwood Abstention - Desai V. PUBLIC HEARING a. 2008 - 2012 Capital Improvements Plan (CIP) Chairperson Fischer read from the agenda sheet that the CIP is not yet ready for review. As such the city will need to reschedule the hearing for this item for a later date. Commissioner Trippler moved to table the 200S - 2012 Capital Improvements Plan (CIP). Commissioner Pearson seconded. Ayes - Desai, Fischer, Hess, Pearson, Trippler, Walton, Yarwood The motion to table passed. Mr. Roberts said this item could be ready for the June 19, 2007, planning commission meeting. **Because the next public hearing wasn't scheduled until 7:45 p.m. the commission decided to skip ahead to unfinished business, commission and staff presentations. b. Pond Overlook (2161 County Road D) (7:45 p.m.) Mr. Roberts said Mr. Doug Andrus, representing Andrus Homes, is proposing to develop 10 town houses in a development called Pond Overlook. It would be on a 1.9-acre site on a cul-de-sac on the north side of County Road 0, south of 1-694 and west of McKnight Road. A homeowners' association would own and maintain the common areas. Each building would have horizontal-lap vinyl siding, aluminum soffits and fascia and a stone veneer on the front. In addition, each unit would have a two-car garage.The proposed development plan is consistent with the density allowed by the comprehensive plan for the property. Pianning Commission Minutes of 05-21-07 -3- Specifically, the 10 new units on the 1.9-acre site means there would be 5.3 units per gross acre. This proposal would meet the density standards outlined in the Maplewood Comprehensive Plan for this site. In addition, the proposed development density would be consistent with the density standards recommended by the Metropolitan Council for housing in first ring suburbs. This is a good site for twin homes. It is on a collector street (County Road D) and near a major collector street (McKnight Road), and near an arterial street (White Bear Avenue). Commissioner Hess asked about the footing depth relative to the pond to the west for units 3 and 4? Michael Thompson, Maplewood Staff Engineer, addressed the commission. He said the low floor elevations for those units is 952 and the high water level for the pond is 942 so the pond high water level is 10 feet lower than the low floor elevation. He said he couldn't speak to the depth of the footing. Commissioner Hess said the footings come into question regarding whether they are going to be out of the water table. If the footings are in the water table you run into trouble. Mr. Thompson said the firm Braun-Intertech took 3 soil borings on the site and dug to 15 foot depths and didn't find any ground water on the site. Mr. Roberts said typically footings are four feet deep so if they are four feet below the lowest floor level the footings would still be 6 feet above the known high water level of the pond. The city standards require that the lowest floor level be at least five feet above a no outlet pond. If the pond has an outlet or overflow, then the lowest floor has to be at least two feet above that. 10 feet is clearly well above the known elevations of the pond to the west. Commissioner Hess said regarding the wall construction for noise, it looks like there is a 2 x 4 staggered wall construction at 16-inch on center with fiberglass insulation in between, it looked like the total wall thickness would be 7% inches with double sheetrock on the inside and double OSB on the exterior with vinyl siding. Is that the proposed construction for the wall? He saw an alternate for a 2 x 6 wall but that wall looked like they weren't sure that would meet the sound transmission class (STC). Mr. Roberts said staff understood the wall section the applicant proposed to use is shown on page 48 in the staff report that meets the Minnesota State Noise Standards. Commissioner Hess said the window size is another area where sound can transmit and he saw a proposed window quote for Marvin Windows on page 47 in the staff report. It looked like the applicant planned on using a 46 x 60 window which seemed like a fairly large area for sound to transmit. The elevations he looked at appear smaller than what the window quote shows. Mr. Thompson said regardless of the window size you can still meet the STC rating using a larger window. Mr. Roberts said the applicant can address that. Commissioner Trippler said when he walked the site he noticed a stainless steel cross in the ground along the chain-link fence and he asked if someone was buried there? Planning Commission Minutes of 05-21-07 -4- Mr. Roberts said staff didn't see that on the site and was unsure what the cross was for unless there was an accident there and the cross was a memorial. Commissioner Trippler said if you draw a straight line from the back of the house going west and then go north along the fence line about 15 to 20 feet that is where the cross is. He said he noticed many things on the property such as gasoline, oil, engines, tires, and vehicles on the property. He asked if this property would be inspected by the MPCA as a possible brown field? Mr. Roberts said maybe DuWayne Konewko from Public Works Department could go to the site and give his opinion of the site. Commissioner Trippler said on the southwest corner of the dog pen there are three real fire hydrants on the property and one of the fire hydrants is missing the top nut which he assumes is where the valve is that turns the hydrant on and off. He asked if those fire hydrants are connected to the city's water supply? Mr. Thompson said the water doesn't extend into the site. Mr. Roberts said the water is only in County Road 0 at this point. Mr. Thompson said there is a 1 % inch copper service near the right-of-way at County Road D. Commissioner Trippler asked why there would be three fire hydrants on the site? Mr. Roberts said staff didn't know. Commissioner Trippler said when he served on the Environmental Committee for 2% years they worked on the tree ordinance and when the applicant had the forester inventory the trees on the site he indicated the tree condition as good, fair or poor. He said he was pretty sure that a criterion in the tree ordinance was if trees on the property are in extremely poor condition or diseased, those trees can be taken out of the consideration for the total tree caliber replacement. He said the applicant should get together with city staff regarding that. The city was supposed to get a forester, but didn't. The applicant should find out what trees need to be replaced and which trees don't need to be replaced. Some trees in poor condition such as the silver maple could reduce the number of tree calibers that needed to be replaced and might be able to be taken off the list. If there isn't enough room on the property to replace the trees there is the option of paying the city in place of planting trees or the applicant could maybe plant trees on the Bruentrup farm site to comply with the tree ordinance, so there are other options for the applicant. Commissioner Trippler asked staff what the city's parking requirement would be for 10 units? Mr. Roberts said the code requires one garage space per unit and one off street parking space per unit. In this case this development will have two spaces in the garage and two parking spaces in the driveway, which exceeds the parking code requirement. Commissioner Trippler said the intent is that the city doesn't want cars parking on County Road D. Planning Commission Minutes of 05-21-07 -5- Mr. Roberts said correct. Commissioner Trippler said he didn't see any sidewalks on the plan. He said he thought the city was going to encourage all developments to have sidewalks. Mr. Roberts said there is a trail system that winds through the Bruentrup Farm site and the open space. With the ponding area it didn't seem to make sense to have a segment of sidewalk going nowhere. With a trail system like this which goes to the west and to McKnight Road to the east, it was staff's opinion the trail system is sufficient for the needs of this area. Commissioner Trippler asked why there wasn't a sidewalk within the development itself? Mr. Roberts said sidewalks are most beneficial when you have a busy street in a neighborhood and having ten units in this development won't generate a lot of traffic or cause a public safety risk. It's going to be the neighbors driving in and out of the development and staff doesn't see a benefit to having a sidewalk to County Road D. There may be a need for a painted crosswalk to cross County Road 0 to get to the trail on the open space and the Bruentrup Farm. Commissioner Trippler said the staff report says on page 13, in item D.; which the CDRB will be making a recommendation on, that the plans are date-stamped April 19, 2007. However, he didn't see a date stamped anywhere on the plans. Mr. Roberts said he must have missed stamping the plans, but April 19, 2007, is the date staff received the plans. Commissioner Trippler said on page 38 of the staff report, in number 4. of Michael Thompson's engineering report, it states, Given the two comments above; city staff is concemed that this site may be too tight and is currently not conducive in providing: the 15-foot wide maintenance access path to a suitable location to enter the infiltration basin for maintenance purposes, the 15-foot wide clear drainage and utility easement width over the centerline of drainage pipe, and adequate area for the infiltration basin without the use of extensive retaining walls. He asked if staff has made any progress with resolving these issues with the applicant? Mr. Thompson said he has been working with the developer's engineer and they have a dedicated 15-foot wide drainage and utility easement over the center line of pipe and they did some revisions to the grading plan so the retaining wall would not exist at the maintenance entrance. Therefore, two of the three bulleted items have been taken care of. The applicant regraded the infiltration basin which reduced the retaining wall height from 4-feet in height to an average of 3.5-feet tall. Before that the maintenance path was going to extend to the retaining wall edge, which is not conducive to cleaning out the infiltration basin. Mr. Roberts said the city received this information today and the developer's engineer is working with our city engineer to address the concerns. Commissioner Walton said he understood this to be an infiltration basin, he asked what is involved with cleaning out the basin? Planning Commission Minutes of 05-21-07 -6- Mr. Thompson said once every 10 to 15 years sediment gets in there even though a sump that catches a majority of sediment. You can tell when things aren't working when it starts to pond up. That's when somebody from the city maintenance staff would go and muck the pond out to take the sediment and silt out and regrade the bottom sand area of the pond. Mr. Roberts showed a map on the overhead of what Mr. Thompson was referring to. Commissioner Pearson had a question regarding page 6, in the third paragraph. He asked about the staff comments regarding the garage forward design. He said this came up about four years ago when Will Rossbach was on the planning commission and he wanted to have an overlay ordinance in Maplewood to prohibit this type of design. He thinks the proposal is a good design; it has some practical advantages in terms of economics and construction and it shortens the driveway which makes for less impervious surface. Rather than trying to discourage that type of design, what is the primary objection to this type of design, what design is a better design, and is everyone going to have a home with a detached garage because two or three people in the city think it's a bad design? He objects to the idea that a few people want to decide what is best for Maplewood regarding what a neighborhood should look like. As long as the design meets the footprint, setback and the elevation, he doesn't know what right people have to say one design is not acceptable. He said he knows this isn't the planning commission's area but if that ever came before the commission as an ordinance there would be a battle. Mr. Roberts said a few years ago the community design review board felt some designs with the garage in front over dominates the site. If you are driving down the street and all you see are large garage doors and everything else gets lost. The hope is to soften the look of the garage doors that dominate the architecture from the street. That can be done by adding a porch across the front, different style garage doors, wainscoting or other features help dress up the expanse of garage doors. Horizontal vinyl siding also makes for a plain design. The idea is to try and dress up the front facades of that type of design to give it more curb appeal. Commissioner Yarwood said on page 16 of the staff report, in item g., it states these elevations should show that the town houses will have tones of ivory and beige-colored vinyl siding. He said he knows this isn't something the planning commission reviews, but he feels that the city should encourage developers to use other colors besides shades of beige. There are a number of new developments such as in Woodbury that have used stronger colors but they are used in such a way that it makes the development look very nice. Mr. Roberts said actually the applicant is proposing to use three colors. The design elements are something the CDRB reviews. Commissioner Trippler said he asked one of the CDRB members about the "snout nose" design and they said an example of a snout nose design is off McMenemy Street where all you see is the garage doors dominating the front and you don't see the rest of the structure. The board members don't care for that design and think it's unattractive. He said he knows somebody that lives in a development like that in White Bear Lake and they like that design because it pushes the garage forward and moves the living portion of the house farther away from the road which gives more privacy. It's all in the eye of the beholder. He said as long as the garages themselves are reasonably attractive, it's alright to have that type of design. He doesn't think vinyl siding looks nice no matter what color is used. Planning Commission Minutes of 05-21-07 -7- Commissioner Walton asked staff to point out on the plan where the infiltration basin should have curved edges to make it look more natural. Mr. Roberts showed the plan on the screen and said that has to be approved by the Ramsey- Washington Watershed District and the engineer. Commissioner Walton said he likes the idea of putting plantings around the infiltration basin. You might be able to get away with putting some trees in the back of the infiltration basin that can withstand wet conditions. Mr. Thompson said he would make a note that the Engineering Department was going to look at adding some shrubs or trees in that area. Chairperson Fischer asked the applicant to address the commission. Mr. Doug Andrus, Andrus Homes, 2440 Charles Street North, Suite 210, North St. Paul, addressed the commission. He said he thinks what the board members were referring to is a "snub nose" design where the garage sticks out 20 feet. This design shows the garage and the front of the home in a nice design mix. The color palette is also quite nice. Regarding the tree planting, he is bothered by the fact that a majority of the trees that are going to be taken down are box elder and cottonwood trees which are junk trees. In the past the city didn't count those trees because they are scrub trees. You can't plant those types of trees but yet they are counted against you in the tree replacement plan. If you took out the box elder and the cottonwood trees from the tree inventory, he wouldn't have to replace as many trees on the site. He does want to plant more trees along the fence but he thinks the tree ordinance needs to be fixed as far as counting scrub trees like box elder and cottonwood trees that people are happy to get rid anyway and they shouldn't count on the tree plan which costs the developer more money? Commissioner Hess said even though box elder and cottonwood trees are scrub trees, the thought is that those trees provided cover and if you remove the tree coverage you are left with bare landscaping. Commissioner Walton said there are trees shown in the inventory plan that are in "poor" condition and he agrees that it doesn't seem right to have to replace those. He wondered if that could be negotiated. Mr. Andrus said some of those trees are taken off the list already. Commissioner Trippler asked if the applicant had acquired the property yet? Mr. Andrus said no. Commissioner Trippler asked if the homeowner still lives there? Mr. Andrus said yes. Planning Commission Minutes of 05-21-07 -8- Commissioner Trippler said it appears that the homeowner has been doing some work on vehicles on the property according to the gas and oil he saw on the land. He asked if the applicant knew how the homeowner was handling disposal? Mr. Andrus said supposedly the homeowner does landscaping and grass cutting for a living and is not an auto mechanic. Chairperson Fischer asked if the applicant had any questions for the commission? Mr. Andrus said no. Chairperson Fischer asked if anybody in the audience wanted to speak to come forward. Mr. Dave Huebel, 2191 County Road 0, Maplewood, addressed the commission. He lives in the second house over frorn this site. There is a dog buried by the fence where the cross is on the property. The homeowner has never been an auto mechanic. You see oil on the property but he doesn't foresee a problem with past dumping on the site. He has lived here 15 years and this property owner has lived there for about 10 years. He said we encourage this development in our neighborhood and look forward to it. He said the applicant can plant trees in his yard at 2191 County Road 0 if he wants to rather than at the Bruentrup Farm. The three fire hydrants on the property in question are stolen along with half of the other items on the property. The property owner never ran a business on this property. Prior to this they made mattresses at that property. He said they are looking forward to having a nice neighborhood to live next to. Chairperson Fischer closed the public hearing. Commissioner Walton said he read on page 39 of the staff report that the city will take over maintenance of the infiltration basin after a satisfactory inspection to ensure its proper function. This is because public water from the public street would be running into the basin. He wanted to point out that the city better watch how they are doing things because the city is going to maintain it. Mr. Thompson said the city has an inspection list they follow and will do a final walk through before the city would accepts things back to the city. If the final inspection doesn't pass, the city won't accept improvements from the developer to the city. Commissioner Yarwood moved to approve the resolution on page 52 of the staff report. This resolution changes the zoning map for the Pond Overlook plat on the north side of County Road o and west of McKnight Road. This change is from F(farm residence) to R-2(single and double dwellings). The reasons for this change are those required by the city code and because the owner plans to develop this property with double dwellings. Commissioner Yarwood moved to approve the resolution starting on page 53 of the staff report. This resolution approves a conditional use permit for a planned unit development for the Pond Overlook development on the new cul-de-sac on the north side of County Road 0 (on the property now known as 2161 County Road D). The city bases this approval on the findings required by code. Approval is subject to the following conditions: Planning Commission Minutes of 05-21-07 -9- 1. All construction shall follow the plans date-stamped April 19, 2007, except where the city requires changes. Such changes shall include: a. Revising the grading and site plans to show: (1) Revised storm water pond designs as may be suggested or required by the watershed district or city engineer. The pond shall meet the city's ordinance standards. (2) The developer minimizing the loss or removal of vegetation and large trees. This shall include keeping and protecting as many of the large trees as possible along the east side of the property. (3) The street (Furness Court) must be at least 28 feet wide to allow parking on one side. The city council may approve major changes to the plans. The city planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in Michael Thompson's memo dated May 11, 2007, and the plans shall include: a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree preservationlreplacement, and parking plans. The cul-de-sac bulb shall have the minimum radius necessary to ensure that emergency vehicles can turn around. b. The following changes for the storm sewer plans: (1) The developer or contractor shall install a four-foot-high, black, vinyl-coated chain-link fence at the top of the retaining wall. (2) Provide for staff approval a detailed storm water management plan. 4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off- site pond and drainage easements, if applicable. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the pond and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris, junk or fill from the site. Planning Commission Minutes of 05-21-07 -10- d. Get a demolition permit from the city for the removal of the existing house from the property. This removal shall include all foundation materials, concrete and other related materials from the site. e. Provide the city with verification that the town houses as proposed will meet the state's noise standards. This shall be with a study, testing or other documentation. The contractor will have to build the town houses so that they can meet the noise standards. The contractor or builder may accomplish this with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. 6. The approved setbacks for the principal structures in the Pond Overlook PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum - 35 feet b. Front-yard setback (public side street): minimum - 30 feet, maximum - none c. Rear-yard setback: 20 feet from any adjacent residential property line d. Side-yard setback (town houses): minimum - 20 feet minimum between buildings. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. The city council shall review this permit in one year. Commissioner Yarwood moved to approve the Pond Overlook preliminary plat (received by the city on April 19, 2007). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and public street construction and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. c. Provide all required and necessary easements. This shall include any off-site easements and ten-foot drainage and utility easements along the front and rear lot lines of each lot and five-foot drainage and utility easements along the side lot lines of each lot. d. Have Xcel Energy install Group V rate streetlights in at least two locations. One light shall be at the intersection of County Road 0 and the proposed street (Furness Place) and the second near the north or east end of the street near the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. e. Pay the city for the cost of traffic-control, street identification and no parking signs. Planning Commission Minutes of 05-21-07 -11- f. Cap, seal and abandon any wells that may be on the site and remove septic systems or drainfields, subject to Minnesota rules and guidelines. g. Demolish or remove the existing house and driveway from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. Commissioner Yarwood moved to have the city engineer approve the final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, tree and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated May 11, 2007, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on site where the developer can save large trees. (4) The street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3: 1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet or as may be required by the city engineer. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) Emergency overflow swales as required by the city engineer or by the watershed district. The overflow swales shall be 10 feet wide, one-foot deep and protected with approved permanent soil-stabilization blankets. (10) The drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the run-off from the entire project site and shall not increase the run-off from the site. Planning Commission Minutes of 05-21-07 -12- (11) As little grading as possible east ofthe proposed cul-de-sac and town houses. This is to keep as many of the existing trees on this part of the site as is reasonably possible. c. *The tree plan shall: (1) Be approved by the city engineer or environmental manager before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2%) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian pine, Black Hills spruce and other species. (4) Show no tree removal beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding area. (b) along the north and south sides of the site to help screen the development from the freeway to the north and from County Road 0 to the south. (c) along the east side of the site to help provide screening of the new constructions from the homes to the east. (7) Require the developer to replace any trees that die within one year of planting. The size and species of the new trees shall be subject to city staff approval. d. The street, driveway and utility plans shall show: (1) The street (Furness Place) shall be a 7-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (2) Water service to each lot and unit. (3) The street with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. (4) The coordination of the water service locations, alignments and sizing with the standards and requirements of the North Saint Paul utility department. Fire-flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. Planning Commission Minutes of 05-21-07 -13- (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) Details of the ponds and the pond outlets. The contractor shall protect the outlets to prevent erosion. e. The drainage plan shall ensure that there is no increase in the rate of storm-water run-off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify pond, inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Label the new street as Furness Place on all plans. 5. Secure and provide all required easements for the development. These shall include any off-site drainage and utility easements. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, rough grading, and the tolerancing of the public road and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. 7. Submit the homeowners' association bylaws and rules to the city for approval by city staff. These are to assure that there will be one responsible party for the care and maintenance of the common areas, any outlots, private utilities, water services, landscaping and retaining walls. 8. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of any retaining walls. Planning Commission Minutes of 05-21-07 -14- d. A covenant or deed restriction that prohibits any additional driveways (besides the new street shown on the project plans) from going onto County Road D. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. 9. The developer shall complete all grading for overall site drainage and shall rough grade and tolerance the site to prepare for the public street and utility improvements. The city engineer shall include in the developer's agreement all grading that the developer or contractor is to perform before the installation of Furness Place as a public improvement project. 10. Obtain a permitfrom the Watershed Districtfor grading. 11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 12. Obtain the necessary approvals and permits from MnDOT. 13. If the developer decides to final plat part of the preliminary plat, the city staff may waive any conditions that do not apply to the final plat. Commissioner Pearson seconded. Ayes - Desai, Fischer, Hess, Pearson, Trippler, Yarwood The motion passed. This item will be heard by the CDRB on Tuesday, June 12, 2007, and to the city council on Monday, June 25, 2007. VI. NEW BUSINESS None. VII. UNFINISHED BUSINESS Commissioner Pearson asked staff what the status was for the CUP for the Keller Lake Convenience Store and the LP Tank at 2228 Maplewood Drive? Mr. Roberts said staff had to get some answers to questions the commission had at the May 1, 2007, planning commission meeting. Staff is checking with the fire marshal and will bring the item back to the planning commission to review a second time. Commissioner Pearson said he was interested in receiving the information from the fire marshal and what the state requirements for propane tanks are. Planning Commission Minutes of 05-21-07 -15- Annual Tour Update Mr. Roberts said that typically, the planning commission holds the tour from 5:30 - 8:30 p.m. on an evening in mid-summer. Staff would suggest the tour be held on Monday, July 30,2007. At the May 1, 2007, planning commission meeting the commission agreed with the date as suggested by staff. In recent years, we have driven by many sites with little time for comment or discussion at those locations. After a recent tour, several ofthe commission members suggested that having fewer sites while allowing more time at those sites would be useful. We usually try to visit sites that we know have upcoming proposals, where construction has started or where the contractor recently finished the site work. Staff attached a first draft of possible tour sites for the commission to consider. Commissioner Trippler said according to the draft list of sites, he thought it would be important to visit the 3M Leadership Development Institute (LDI) at 2350 Minnehaha Avenue, the 3M Data Center Building - 3M Building No. 277 on Conway Avenue, the Gladstone Neighborhood (English and Frost Avenue), Gladstone Savanna, Carmax Auto Sales Site (NE corner of Highway 61 and Beam Avenue), Costco - (Country View Drive and Beam Avenue), Legacy Village and Heritage Square, Summerhill Senior Housing (935 Ferndale Street North), and the new Ramsey County Library (3025 Southlawn Drive). The dinner break could be at the Maplewood Fire Station, Number 2, at 1955 Clarence Street. Commissioner Desai was interested in further information regarding the Maplewood Toyota (2873 Maplewood Drive) (parking ramp), and the new Walgreen's site at Beam Avenue and White Bear Avenue. Commissioner Trippler asked what the status was at the St. Paul Tourist Cabin Site for the proposal for senior housing for the Shores project. Mr. Roberts said the city council met on May 14, 2007, for a proposal with DaBar Incorporated, for 180 units of senior housing for the development called The Shores and the application for Tax Increment Financing (TIF). The (TIF) proposal died on a 2-to-2 vote. Council member Kathleen Juenemann had to leave the meeting before the conclusion of business. The thought was if the city council had the full city council present there may be a chance to get the (TIF) application passed with a third vote making it a 3-to-2 vote. The developer may be resubmitting the (TIF) application, it sounded like the developer wanted to continue moving forward with the project. Staff estimated the application would come before the planning commission on June 19, 2007, the same night as the 2008-2012 (CIP) review. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Yarwood attended the May 7, 2007, city council meeting at the Maplewood Community Center. There was a public hearing for the St. Paul Monastery Redevelopment (2675 Larpenteur Avenue East), CUP for the Planned Unit Development, Preliminary Plat (Century Trails Commons). Planning Commission Minutes of 05-21-07 -16- Mr. Yarwood said because of the public hearing at the planning commission meeting a few weeks ago someone decided to write threatening letters on behalf of the sisters at the monastery to some people who were opposed to the project. In these letters they called people names and threatening their families. He said that was bothersome and people should be able to share their feelings during a public hearing and should be able to express their views regarding a proposal no matter which side the person was on. He said that kind of behavior should be condemned in the strongest possible terms. Nobody should be subjected to that because of comments that were made during a public hearing. He said he hoped that unfortunate event never happens again. After a four-to-five hour public hearing, the city council tabled the discussion until the next city council meeting Monday, May 14, 2007. The proposal was passed ayes all. Mr. Roberts said the design of the buildings for the St. Paul Monastery will be reviewed by the CDRB sometime this year. b. Mr. Roberts reported on the May 10, 2007, Third South Moratorium meeting at the Carver Elementary. Mr. Roberts said staff members Tom Ekstrand, Dave Fischer and others were at the third south moratorium meeting. The planning consultant Rose Lorsung spoke. There were about 35 people at the meeting. The fourth and last South Maplewood moratorium meeting will be held Monday, June 4,2007, at Carver Elementary School from 7-9 p.m. At this meeting the consultant will present final possible scenarios for density, development, with sewers and without sewers for that area. From that presentation staff expects the city will work on the comprehensive plan amendment and zoning changes that may be needed. c. Mr. Walton was scheduled to be the planning commission representative at the May 14, 2007, city council meeting but switched dates for the June 11, 2007, meeting. The city council meeting went until almost 1 :00 a.m. The only planning commission item was the St. Paul Monastery Redevelopment at 2675 Larpenteur Avenue East for the (CUP) for Planned Unit Development and the Preliminary Plat (Century Trails Commons) which was passed by the city council ayes all. d. Mr. Walton will be the planning commission representative at the June 11, 2007, city council meeting. Because the last city council meeting was May 14, 2007, there will be many things to discuss this evening so it will be a very late night. Planning commission items to discuss include the (CUP) for Costco at the north side of Beam Avenue, west of the Bruce Vento Trail and the (CUP) for Corner Kick Soccer Center at 1357 Cope Avenue. e. Mr. Desai will be the planning commission representative at the June 25, 2007, city council meeting. Items to discuss include the Pond Overlook, Rezoning (F(farm) to R-2), (CUP) for Planned Unit Development, and the Preliminary Plat. The 2008-2012 Capital Improvement Plan may also be discussed this evening. Planning Commission Minutes of 05-21-07 -17- f. Dale Trippler asked staff what was happening with the revision of the Comprehensive Plan? Mr. Roberts said staff is trying to work with the city council and the City Managerto schedule a joint meeting with the commission and the city council as recommended by the planning commission. It looks like that could occur at the end of June orthe first part of July. When that has been confirmed, staff will let everyone know. The first goal is to work through the south Maplewood area and then have the joint session with the commission and the city council to look at goal setting and policies for the comprehensive plan and where the city council thinks the city should go with the updating of the comprehensive plan. Commissioner Trippler said he thought the comprehensive plan had to be done after the first of the year? Mr. Roberts said it would be ideal to have a draft of the comprehensive plan so the city could send it out for comment and review. The Met Council wants the comprehensive plan update done by June 2008. Commissioner Trippler asked if the city is required to have other neighboring cities comment on the comprehensive plan? Mr. Roberts said yes. The City of Maplewood would have to give neighboring city's 30 or 60 days to review it once our city's draft is complete. Commissioner Trippler said that brings the timeline for the comprehensive plan to April or May. He asked if the city was going to hire a consultant to help work revising the comprehensive plan? Mr. Roberts said that's a good question to ask at the joint session. Staffs preference would be to say yes, but ultimately that will be up to the city council and the city manager depending on what is in the budget. The city will be starting the budget process soon for 2008. Staff will encourage the city to set money aside in the budget for the purpose of hiring a consultant to work on the comprehensive plan. Commissioner Trippler said if the city doesn't hire a consultant to work on the comprehensive plan, how does staff anticipate the work will get done? Mr. Roberts said he didn't know at this point. Chairperson Fischer said in the past the city has received an extension. It's not uncommon that a community can't meet the deadline for some reason and asks the Met Council for an extension. Mr. Roberts said staff heard this year the Met Council doesn't want to give extensions. Chairperson Fischer said the City of Maplewood has had a good record with the Met Council so maybe they would give an exception. Planning Commission Minutes of 05-21-07 -18- Mr. Roberts said the last time the comprehensive plan was updated at the City of Maplewood it was two years late. The grant that the City of Maplewood received for the Gladstone area for $1.8 million came from the Met Council so the city will want do what they can so nothing is jeopardized. It will be important to do what the city can to complete the comprehensive plan on time. g. Commissioner Hess said on Wednesday, May 16, 2007, he took a class called Advanced Zoning Applications at the U of M Conference Center. Commissioner Hess said the Advanced Zoning Application class was informative. They discussed conditional use permits and planned unit developments. There was a teacher and a Land Use Attorney in the classroom, which was interesting to hear the legalities of zoning, variances and the ways things are applied. h. Update on two planning commission openings. Mr. Roberts said there are still two openings on planning commission. Commissioner Desai asked if the city had received any applications for the planning commission? Mr. Roberts said staff wasn't sure if the planning commission openings had been advertised or not. There is also one opening on the HRA as well. Commissioner Trippler asked if the Environmental and Natural Resources Commission had filled their vacancy yet? Mr. Roberts said he wasn't sure. The advertising and interviewing for openings on the boards and commissions is now being done through the City Manager's office. X. STAFF PRESENTATIONS Monday, June 4,2007, will be the last south Maplewood meeting at Carver Elementary from 7:00- 9:00 p.m. The next planning commission meeting will be held Tuesday, June 5, 2007. That evening there will be a Sustainable Building Presentation from 5:30-8:00 p.m. at the Maplewood Community Center - Banquet Room. This meeting will be conducted by Rick Carter, Senior V.P. of LHB Corporation and Cliff Aichinger from the Ramsey-Washington Metro Watershed District. The purpose of the meeting is to discuss sustainable development, green building and energy conservation. Public Works will be sending invitations to the boards and commissions. The planning commission meeting will start at 8:00 p.m. in the city council chambers. Mr. Roberts said the (CUP) for the Keller Lake Convenience Store for the LP Tank at 2228 Maplewood Drive may be brought back for this meeting. There have been no public hearings scheduled for this meeting. XI. ADJOURNMENT The meeting was adjourned at 8:37p.m.