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HomeMy WebLinkAbout07/17/2007 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, July 17, 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 Commissioner Robert Martin Commissioner Joseph Boeser Staff Present: Present Present Present Present Present Present (7:05) Present (7:01) Present Present Chuck Ahl, Public Works Director Bob Mittet, Finance and Administration Manager Ken Roberts, Planner Shann Finwall, Planner III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda. Commissioner Trippler seconded. The motion passed. IV. APPROVAL OF MINUTES Ayes - Desai, Fischer, Hess, Pearson, Trippler, Yarwood, Martin, Boeser Approval of the planning commission minutes for June 19,2007. Chairperson Fischer had a correction to the minutes on page 2, paragraph 3, on line 6, remove the word "when" so the sentence reads "Currently, wAef\ with new construction in Maplewood..." Planning Commission Minutes of 07-17-07 - 2- Commissioner Trippler had an addition to the minutes on page 2, paragraph 3, on line 8, "The PAC fund for 2007 is around $3,000 PAC chan:Je per unit and that money... ..", a correction on page 3, paragraph 5, on line 3, remove the words "to him" so the sentence reads "To him that sounds to him like a political statement... ", and in the last line on the page, remove the word "in" so the sentence reads"... focus on park reconstruction but ift park city staff didn't request money..." Commissioner Trippler had a correction on page 4, paragraph 2, on line 2 and 3, remove the words "large discussion" and insert "extensive debate" and remove the words "road or a traffic barring" and insert "traffic/pedestrian" so the sentence reads "Years ago there was a large discussion an extensive debate reqardinq a road or a traffic barring traffic/pedestrian bridge across Hazelwood..." Chairperson Fischer had a correction on page 5, paragraph 2, on line 3, remove the word "city's" and insert the word "cities" so the sentence reads "The reason eity's cities do financing through..." Commissioner Trippler had an addition on page 6, paragraph 4, on lines 4 and 5, so the sentence reads"... task force plan with 850 units" is it possible that the citv's share of the $15 million would have offset the cost may have to pay for would be a much cmaller coct been reduced because of the higher unit count cost. Commissioner Trippler had a corrections on page 7, 2nd paragraph from the bottom, remove the words "are located" so the sentence reads "Mr. Roberts said about 1 00 units could still be built on the vacant land near the Beaver Lake Town Homes" are located." The last paragraph on page 7, line 2, remove the words "and compared it" so the sentence reads "... compared the 2006-2010 C.I.P. and compared it to the 2008- 2012 C.I.P." Commissioner Trippler had an addition on page 10, in the last paragraph on the page, in line 1, 2, and 3, insert "as a" on line 2 so the sentence reads "He said he was here as a Maplewood resident tonight." and insert "the Planning Commission" so the sentence reads "...Park's commission he would like to address the Planninq Commission as a Parks Commissioner." Commissioner Trippler had an addition on page 11, paragraph 2, line 3, add the word "ask" so the sentence reads"... make recommendations to the city council and should ask the question if this is in compliance or not?" Commissioner Trippler had an addition on page 15, paragraph 2, line 7, remove the word "is" so the sentence reads "She isn't sure this is should be an either/or....", and on the 3rd line from the bottom, replace "hand" with "hair" so the sentence reads "... 'you were right you flaM hair does stand on end !"" Planning Commission Minutes of 07-17-07 - 3- Commissioner Trippler requested that staff verify the numbers stated on page 16, lines 5, 6, 7 and 8. The numbers were verified and the sentence will read, "He questioned the numbers in the draft budget compared to the C.I.P. because they appeared inconsistent with each other." Commissioner Trippler had a correction on page 17, 1st paragraph, line 2, remove the extra "that" so the sentence reads "That is a decision that-ti=lat should be put in a written policy..." Chairperson Fischer had a correction on page 18, 1st line in 1st paragraph, Chairperson Fischer's name is misspelled, correction to read "Chairperson Ficher Fischer... " Commissioner Trippler had a correction on page 21, paragraph 2; a response is missing from a question asked "Commissioner Trippler asked ifit would be possible to take 7 % feet off of the western edge to meet the 20 foot setback requirement and move the proposed addition over 7 % feet?" The minutes will have the response "Mr. Roberts said if that lot line is moved then the new lot would be too narrow." Commissioner Trippler moved to approve the planning commission minutes for June 19, 2007 as ammended. Commissioner Hess seconded. Trippler Martin, Boeser Ayes - Desai, Fischer, Hess, Pearson, Abstains - Yarwood, v. PUBLIC HEARING The Shores of Senior Housing Development (940 Frost Avenue) (7:15-9:45) Ms. Finwall reported that Bart Montanari of Debar Development is proposing to redevelop the 7 acre St. Paul Tourist cabin site with a senior housing development. The development will consist of 180 units of senior housing in a 4 story building with underground parking. This will be the first redevelopment project within the Gladstone neighborhood redevelopment area. The project will be managed by Walker Methodist. 100,000 square feet of this project will be dedicated to common space. In order to build this development the applicant is requesting approval of6 land use items. The Community Design Review Board will review the detail design elements of this building at their July 24 meeting. The final review of this project is currently scheduled for city council review on August 13th Planning Commission Minutes of 07-17-07 - 4- Ms. Finwall went overthe location of the project and briefly went overthe Gladstone Redevelopment Plan, which was approved by city council on March 12,2007. City staff has reviewed the project and finds The Shores Senior Housing Development has the potential of meeting many of the master plan guiding principals and development strategies as outlined in the master plan. Ms. Finwall went over the comprehensive land use map. The new Gladstone High land use designation definitions were adopted in the redevelopment plan but were not included on the comprehensive plan land use map legend. The definitions describing the new land use designations must be added to the city's comprehensive plan. The staff is looking for a recommendation from the Planning Commission on that. Ms. Finwall went over the zoning map. No rezoning is required for this property. Ms. Finwall gave an overview of the project. The property is located within the Shoreland Overlay District of Phalen Lake. Within this district, any structure that is over 4 units per building must be approved as a planned unit development, so this property automatically requires this approval from the city. Ms. Finwall went over recently approved senior housing projects within Maplewood that go into the ratio of parking that the city has allowed. It is recommended that 100 underground parking spaces should be included. Ms. Finwall went over the engineering department review. SEH states that the general site layout will provide rate control and water quality treatment for The Shores and a portion of Frost Avenue and East Shore Drive. They indicated that no impacts are anticipated to the existing class-5 wetland. Commissioner Hess asked if the parking stalls conform to the city's minimum width. Ms. Finwall said she would verify the parking stall width. Commissioner Hess asked if the parking lot would have any pervious surfacing. Ms. Finwall said that the whole parking lot is impervious surfaces. Commissioner Walton added that if there were more pervious surfaces, the project may not need as many rain gardens and would possibly reduce the number of trees needing removal along the west side. Mr. Roberts clarified the handicap parking stall widths. Planning Commission Minutes of 07-17-07 - 5- Commissioner Trippler said that it was ironic that the city is approving a reduction in the width of parking stalls for a senior housing unit. This may result in difficult parking situations for the senior citizens at this housing unit. Commissioner Trippler recommends that if any change should be made to the parking stall size, there should be an increase in size, not a reduction. Commissioner Trippler asked if the Gladstone Neighborhood Redevelopment Plan allows four story buildings. Ms. Finwall stated that the commission, boards and council still have to review the proposed Gladstone Zoning District which should have more detail about building setbacks and design. Commissioner Trippler clarified that one part of the Gladstone District may allow four story buildings and another part that does not. Ms. Finwall stated that four story buildings were allowed as long as they were set back from the road. Clarification is still needed the staff is hoping to get that through the zoning code that will be reviewed. Commissioner Trippler asked if the staff report stated that Chief Lukin and Assistant Chief Gervais preferred that the building be limited to three stories due to concerns of limited access on the west side of the building, why did the city staff recommend a four story plan? Ms. Finwall stated she originally received comment from Assistant Chief Gervais indicating that he had no concerns with the four story, but Chief Lukin did. Ms. Finwall had inquired about the varying opinions and also pointed out that the developer is proposing an eight foot wide trail that will be located along the west side of the building, which will allow for fire access. In addition, Ms. Finwall pointed out to Chief Lukin that there is a possibility of gaining access to that side of the building through the existing parking lot in that apartment complex. They then came with a joint opinion that the fire department would prefer to have it be a 3 story building. Commissioner Trippler said that if the Chief thinks that the eight foot right-of way is sufficient for fire safety, then this is fine. Commissioner Trippler urges the city council to get a complete report from the fire chief. Commissioner Trippler asked which rooms are to be reduced 141 square feet of floor area from what is required. Ms. Finwall stated there is a sheet included with the information packet that has a break-down of the size of the units. The memory care and assisted living units are the only ones with a floor area reduction and the 141 feet is the maximum amount of reduction to take place. Commissioner Trippler suggested that the proposed room size of the assisted living units may not be sufficient. Commissioner Trippler would like a definition of what the living space will include. Ms. Finwall stated that Mr. Link Wilson, the project architect would be able to answer that question. Planning Commission Minutes of 07-17-07 - 6- Commissioner Martin asked where the employee parking spaces are. Ms. Finwall said that the employee parking will be in the front of the building and said that Mr. Wilson would be best to answer that question more clearly. Commissioner Yarwood asked about the requirement for TIF financing for this project and what the history of it is and how that might impact other development with in the Gladstone area in terms of funds available for the remaining developments. Mr. Mittet responded that at this point in time the status of TIF for this project is that the city council took a vote and did not approve the project to proceed with the TIF request. The Commission should not assume any TIF forthis project. Commissioner Boeser asked if the commercial use of the development will be open to the public. Ms. Finwall said that the only facility that will be open to public use will be one of the community rooms on the first floor. Commissioner Boeser asked if the employees park in front of the building, why is the employee entrance in the back of the building. Ms. Finwall said that the employee entrance will be for loading and unloading, a bus stop will be constructed on the north side of Frost Avenue for future bus service, but said she will let Mr. Wilson describe where employees will enter and exit. Commissioner Trippler asked to hear more about the Gladstone Redevelopment Plan regarding trails. Ms. Finwall said that the city will be constructing a sidewalk along the east side of the entire property line and along the north side of the development. In addition, there are several trails and sidewalks included in the development plan within the facility itself. The public improvements proposed will help link this development to the existing Gateway Trail. Commissioner Trippler asked about the type of road crossing residents will have to do in order to access the trail. Mr. Ahl responded that there will be a crosswalk across the round-about. Also, final designs for phase one have not been finished yet, but at this point in time the sidewalk may not extend all the way to the Savannah, although the city is looking at that option. Commissioner Hess asked how the decision was made that there is a need for a round-about. Mr. Ahl responded that if a signal is added, then turn lanes would need to be put in. These can actually use more right-of-way than a round-about would. Also, 3 way stops are more prone to accidents because not many people actually stop. Planning Commission Minutes of 07-17-07 - 7 - Commissioner Walton asked the staff to be more specific on how the tree will be protected if the city plans to save the large cottonwood tree that was mentioned in the heritage tree preservation commission. Commissioner Walton asked for clarification on the tree preservation ordinance. Commissioner Trippler responded that the basic concept was trying to save the forest canopy. Commissioner Hess asked what the city's plan is to reposition the gate valve in the sewer and how much of that has been addressed. Mr. Ahl responded that all of those issues have been addressed and the city is working with St. Paul Regional Water. The Fire Department is requiring a fire hydrant be installed on the westerly side for fire protection. Commissioner Hess asked about the soil conditions of the property. Mr. Ahl responded that the soils in the area allow a fairly sizable amount of infiltration and easily meet the requirements of the watershed district. The footings should not be a problem as well. Link Wilson of 308 18th Street East, Minneapolis MN, the project architect, addressed the commission. Chairperson Fischer requested him to go through his PowerPoint presentation. During the presentation, he answered questions that the commission had asked earlier. Commissioner Martin asked for clarification on parking distribution to residents. Mr. Wilson clarified that the parking stalls will be distributed to residents ofThe Shores, employees and visitors as needed. The stalls will not be specifically designated for one or the other unless it is necessary. Commissioner Hess asked if Mr. Wilson is the project architect and if he has designated L.E.E.D. efforts in the building. Mr. Wilson responded that he is a L.E.E.D. accredited professional. He stated that L.E.E.D. accreditation is not a priority for the project. Commissioner Hess stated that when ground-breaking starts for the employee entrance, the project leaders should be careful not to destroy root structure. Mr. Wilson stated that they are looking at shifting the kitchen to the east to stay away from the tree. Mr. Wilson clarified that there will be 93 underground parking stalls available. Ms. Finwall added that she was under the impression that there were only 88. Mr. Wilson went over the total number of parking stalls in comparison to the number of residents estimated to have vehicles and the number of driving employees. Planning Commission Minutes of 07-17-07 - 8- Commissioner Trippler stated that he thought the number of parking stalls is insufficient. He then addressed the issue of the reduction of the width of parking stalls. Mr. Wilson stated that there would not be enough room for 100 stalls if they have to be 9.5 feet wide, there would only be room for the number of stalls to be in the low 90's. Commissioner Trippler asked for clarification on the storage space approved to be less than the required 120 cubic feet. Mr. Wilson clarified that the memory and transitional care units will have locked rooms, one for memory care and one for transitional care, employees will go into that room to find what they need and any missing items will be the responsibility of the Walker staff. That space would be 4 foot by 4 foot by 3 foot shelves inside of a locked room, giving the resident 48 cubic feet of storage. Chairperson Fischer asked about the size of the surface parking spaces. Mr. Wilson responded that they are designed at 9 feet. The consensus is that the parking plan needs to be redesigned. Mr. Roberts pointed out that the parking code has not been updated in about 20 years and is not addressed to senior developments. Mr. Roberts's professional recommendation is to trust the architect's and applicant's experience as to the amount of type and parking they will need. Chairperson Fischer said that having more proof of parking may help. Mr. Martin stated that he is uncomfortable with the size of the parking stalls as presented. Commissioner Pearson gave an example of Lakeview Commons having too many parking spaces at 61 stalls. He recommends a smaller number of spaces but wider stalls. Mr. Wilson stated that he is amenable to create 9.5 foot stalls knowing that there would be a 5% reduction in the number of underground parking stalls. Mr. Wilson went through the status of the Gladstone Development. Commissioner Yarwood expressed a concern of filling out this complex because there are many other developments similar to this one in the City of Maple wood. Mr. Wilson responded that it will take an estimated time of 14-16 months to fill the occupancy of this facility. Planning Commission Minutes of 07-17-07 - 9- Commissioner Trippler asked what kinds of changes were made after the city council denied TIF money. Mr. Wilson stated he is not involved with the financial part of this project but knows that the TIF proposal has been realigned and will be resubmitted to the city. There have not been any changes made to the plan. Commissioner Hess asked what level the ground will be graded at. Doug Stahl, the project engineer from Pioneer Engineering said that the 1st floor elevation is at 877, the loading docks on Frost Avenue will be at about 876. The other entrance on Lakeshore Dr. will be at 868. The entrance East Shore Drive would be the basement grade. Commissioner Hess asked if the floor to floor heights change based on framing. Mr. Stahl stated that those issues have already been designed. Jan McGovern of 1876 East Shore Drive addressed the commission. She handed out a written handout and read it aloud. Ms. McGovern would like to know who owns the property. Ms. McGovern requested that a site line study be made on East Shore Drive. She also requested an amended landscape plan that reflects the concerns of tree removal along East Shore Drive. Ms. McGovern also voiced a concern with the public vacation of the right-of-way and easement, which would take away the perimeter of the natural trees and shrubs. She also feels it is unnecessary to install another sidewalk on that street as there is already a trail on the east side. Ms. McGovern stated that she thinks there should be less parking. She voiced concern and asked for clarification on the tree density bonus issue. She questioned what the direct impact would be of having commercial facilities in the building, what kinds of shifts will the employees be working and how this will impact the traffic. Ms. McGovern also stated that this should be a private facility, instead of having community space. She also stated questions concerning the businesses inside of the structure and also asked about the rates of the rooms. Ms. McGovern also stated she would like the building to have more of a "wow factor". Mr. Wilson stated that there is only one space open to the public by reservation that can hold 50 people by code. Commissioner Boeser suggested that the public space be available by appointment to residents and immediate family members. Commissioner Hess asked about runoff issues. Mr. Stahl responded that most of the existing wetland up towards Frost Avenue will stay as it is exists. Rainwater gardens will be placed near the entrance on East Shore Drive. Planning Commission Minutes of 07-17-07 -10 - Ms. McGovern restated that she would like to have a site line study done from the East Shore Drive side of the property. She also stated a concern about the 2 driveways on East Shore Drive and recommended that a sidewalk not be installed on that street. AI Galbraith of 1770 Edwards Street addressed the commission. Mr. Galbraith is a member of the Maplewood Historical Commission and Gladstone Coalition. Mr. Galbraith stated he is against narrow parking spots. He also questioned who will pay for the amenities and utilities of the facility and the emergency power. Mr. Galbraith stated that he is appalled that the developer was not at the community meeting to answer questions. He also questioned why he did not receive a copy of the memo as a member of the Historical Commission and the Gladstone Coalition. Virginia Davis of 1050 Frost Avenue addressed the commission. Ms. Davis stated that there are no walkers in this area due to the large hill. She also stated that the proposed round-about would have to be considerably smaller than the one on Frost Avenue and does not want any other disturbance to their property through the construction of the round-about as their property is near the proposed site. Mr. Ahl stated that they have not gotten into those design details, but knows of the issue mentioned and wants to work with Ms. Davis to resolve any problems. Jason Zerwas of 1866 East Shore Drive addressed the commission. Mr. Zerwas stated a concern about water runoff and if it will stay on site, as there is already drainage problems onto his property. He also stated concerns about not enough parking, tree removal, and requested that a site line study done from the East Shore Drive side of the property. Mr. Zerwas also stated that he does not want another sidewalk installed as the existing one is not maintained well. He also added that he had concerns about lighting and if any will be installed and if so, what kind. Mr. Ahl said that he will look into the current drainage problem and said he will be visiting Mr. Zerwas' property. Mr. Ahl assured thet commission that the runoff on this project will be much better. Mr. Zerwas added that the city attempted to fix the drainage problem in the 90's but it didn't work because they went off a drawing that was from the 50's and wasn't accurate. Ms. Finwall stated the staff recommends that a site line study be done of the site from Frost Avenue and East Shore Drive. Planning Commission Minutes of 07-17-07 -11- Fran Juker of 1965 Barclay Street addressed the commission. Ms. Juker stated that her concerns are the same as the people who spoke before her. Ms. Juker asked if this building will be similar to the one Oakdale, along the frontage road that can be seen from 694. She stated that if it is similar, the building is too large and should be 3 stories and not 4. Ms. Juker also stated that there should be more parking. She also stated that existing rain gardens are not well kept up and is concerned that the ones proposed will have the same fate. Ms. Juker also stated that the round-about should not be installed because they are dangerous. Joy Tkachuck of 1088 Gordon Avenue addressed the commission. Ms. Tkachuck stated concerns about the density issue and the height of the building. She also stated concerns about tree removal. Chairperson Fischer closed the public part of the hearing at 9:45. Commissioner Walton stated that the rendering of the building should show security lighting and asked if there is a current drawing that shows lighting. Ms. Finwall stated that there is a photometric plan that was submitted for review by the Community Design Review Board. Commissioner Hess asked how it would affect the project if the building was reduced to 3 stories. Mr. Wilson stated there would be two options if that were to happen; one, where we will to try to maintain 180 units in a three story building, which would require removing almost every tree on the site. Or two, if the units of that floor are just removed, then the ability to deliver the community services to the residents would be disabled due to not enough people in the building. Commissioner Trippler asked how much the 100 units will cost residents as rent. Mr. Wilson responded that one meal is included in the rent and we plan to charge $1.40 per square foot per month but if additional services are taken, then the rent will increase accordingly. Commissioner Walton asked where the market units are located in the building. Mr. Wilson showed the commission on the area plan. Mr. Wilson stated they will provide the site line studies for the Community Design Review Board next week. Commissioner Trippler asked how many stories similar developments have in Maplewood. Ms. Finwall responded that they are mostly three stories high. Ms. Finwall added that there is a four story apartment complex located to the east of this property. Planning Commission Minutes of 07-17-07 -12 - Commissioner Trippler moved to approve the following recommendations. 1. Approve the comprehensive land use amendment resolution attached. This resolution adds a definition for the Gladstone High (G-H) land use designation of allowing 12 to 30 units per acre for the property at 940 Frost Avenue. The city bases these changes on the following findings: a. The land use plan change is based on eight specific Maplewood comprehensive plan land use and housing goals as follows: 1) Provide for orderly development. 2) Protect and strengthen neighborhoods. 3) Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4) Minimize the land planned for streets. 5) Minimize conflicts between land uses. 6) Provide a wide variety of housing types. 7) Provide safe and attractive neighborhoods and commercial areas. 8) Plan multi-family housing with an average density of at least 10 units per acre. b. The land use plan change is based on four specific Maplewood comprehensive plan land use policies as follows: 1) Include a variety of housing types for all types of residents. 2) Disperse moderate-income developments throughout the city near bus lines. 3) Support innovative subdivision and housing design. 4) Protect neighborhoods from activities that produce excessive noise, dirt, odors or which generate heavy traffic. 2. Approve the public vacation resolution attached. This resolution is for the public vacation of 20 feet of right-of-way along East Shore Drive and the vacation of a sanitary sewer easement located on the west side of the property at 940 Frost Avenue. Prior to the city recording this resolution, the applicant must complete the following: a. The applicant shall grant the city a right-of-entry to complete the sanitary sewer abandonment work. b. The applicant shall dedicate additional right-of-way to the city at the southwest corner of the Frost Avenue and East Shore Drive intersection for the construction of the proposed roundabout. Planning Commission Minutes of 07-17-07 -13 - 3. Approve the preliminary plat date stamped April 19, 2007, for The Shores (previously called Lake Phalen Estates) located at 940 Frost Avenue. Approval is subject to the following conditions: a. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 22, 2007 review and SEH engineering consultant's May 17, 2007 review. b. Prior to final plat approval, the following must be submitted for city staff approval: 1) Drainage and utility easement agreements around all public storm water facilities on the site. 2) Dedication of a ten-foot-wide drainage and utility easement along the south side of Frost Avenue, along the entire northerly boundary of The Shores property. 3) Dedication of a ten-foot-wide sidewalk and trail easement along the south side of Frost Avenue, along the entire northerly boundary of The Shores property. 4) Rename the plat The Shores. c. Record all easements agreements with the final plat. Commissioner Pearson seconded the motion. Ayes - All The motion passed. Chairperson Fischer directed the discussion to the conditional use permit. Commissioner Trippler moved to approve the following recommendations. 4. Approve the conditional use permit resolution which approves the conditional use permit for a 180 senior housing planned unit development within the Shoreland Overlay District of Phalen Lake. a. The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's Planning Commission Minutes of 07-17-07 -14 - May 22, 2007, review and SEH engineering consultant's May 17, 2007 review. b. All construction shall follow the plans date-stamped April 19, 2007, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. c. The project is approved with 120 underqround and surface parkinq spaces (emphasizinq the use of underqround parkinq) and 30 proof of parkinq spaces 100 underground parking spaces, 27 surface parking epacee, and 20 proof of parl<ing epacee. This is a parking reduction of 21 0 ~ parking spaces (360 parking spaces are required per city code). The applicant shall maximize the use of pervious pavers for the surface parkinq spaces. d. The project is approved with a 141 square foot floor area reduction in the required unit floor area for the memory care and assisted living units (580 square foot units are required per city code; 490 to 509 square foot units are proposed). e. The project ie approved with a 0.5 foot parl<ing epace width reduction (9.5 foot wide parking spaces are required per city code, 9 foot wide parl<ing epacee are propoeed). fo~ The proiect is approved with a 20-foot front yard setback alonq Frost Avenue for the one-story kitchen portion of the buildinq (30-foot front yard setback required per city code). ~t The project is approved with storage space of not less than 48 cubic feet Ieee than the required 120 cubic feet per unit for the memory care and assisted living transitional care units (120 cubic feet of storaqe area per unit required per city code). g. The project is approved with four floors. h. All signs on the property must be approved by the community design review board. i. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. Planning Commission Minutes of 07-17-07 -15 - j. The city council shall review this permit in one year. Commissioner Pearson seconded the motion. Ayes - Desai, Fischer, Hess, Pearson, Trippler, Yarwood, Martin, Walton Nays - Boeser Commissioner Boeser voted nay because he does not feel comfortable with the structure having 4 floors due to open questions related to the safety and general welfare in the event of an evacuation during an emergency, understanding that there are top of the line fire prevention systems installed. The motion passed. This item is scheduled to go to the city council on August 13, 2007. VI. NEW BUSINESS City Code Amendment - Planning Commission Mr. Roberts reviewed the staff report with the commission. The commission had a question and answer session with the staff about the proposed changes. Commissioner Trippler moved to approve the City Code Amendment as amended. ORDINANCE NO. AN ORDINANCE AMENDING DIVISION 4. PLANNING COMMISSION The Maplewood city council approves the following changes to the Maplewood Code of Ordinances (additions are underlined and deletions are crossed out): DIVISION 4. PLANNING COMMISSION' Sec. 2-246. Established. The city council establishes for the city a planning commission as an advisory board to the city council, as provided in Minn. Stats. SS 462.351-- 462.364. Planning Commission Minutes of 07-17-07 -16 - (Code 1982, S 25-17) Sec. 2-247. Advisory body; exceptions. All actions of the advisory planning commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, S 25-18) State law reference-- City planning agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. S 462.354, subd. 1. Sec. 2-248. Composition; appointment; qualifications; terms. (a) The planning commission shall have nine members appointed by the city council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the planning commission for three- year terms. The city shall divide the membership into three groups of three members each. The terms of the three members in the same group shall end in the same year. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. All terms shall expire on December 31 of the year in which the appointment ends. (Code 1982, S 25-19) Sec. 2-249. Chairperson and vice-chairperson. The planning commission shall elect a chairperson and a vice-chairperson each year durinq the first planninq commission meetinq in June. at the eecond planning commieeion meeting in January each year. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice-chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. (Code 1982, S 25-20) Planning Commission Minutes of 07-17-07 - 17 - *State law references--Municipal planning, Minn. Stats. S 462.351 et seq,; city planning agency, Minn. Stats. S 462.354, subd. 1; metropolitan government, Minn. Stats. ch. 473; Ramsey County included within "metropolitan area" over which "metropolitan council" has jurisdiction, Minn. Stats. S 473.121, subds. 2, 3; metropolitan land use planning, Minn. Stats. S 473.851 et seq. ADMINISTRATION Sec. 2-250. Vacancies. (a) Any of the following may cause the office of a planning commissioner to become vacated: (1) Death or removal from the city. (2) Disability or failure to serve, as shown by failure to attend four meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, S 25-21) Sec. 2-251. Officers; meetings; rules of procedure. (a) The planning commission shall elect its own officers, establish meeting times in coniunction with the availability of city facilities and the meetinq times of other qroups as directed by the city manaqer, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the planning commission shall be open to the public. (Code 1982, S 25-22) Sec. 2-252. Duties and responsibilities. The planning commission shall have the duty to: Planning Commission Minutes of 07-17-07 -18 - (1) Prepare and recommend a comprehensive plan of development for the city. (2) Conduct hearings and make recommendations to the city council about the adoption of the city comprehensive plan and any amendments thereto. The comprehensive plan certified and adopted by the city council shall be recognized as the city's official comprehensive plan. (3) Study and make recommendations to the city council about implementing the comprehensive plan and any land use regulations. (4) Study and make recommendations to the city council about zoning code amendments. (5) Review, prepare and make a report to the city council by the second city council meeting in February of each year regarding the commission's activities in the past year and major projects for the new year. (6) Maintain a liaison and coordination with government and private agencies so that the city council may be familiar with the planning activities of such agencies in order to establish an order of planning and development unity for the city. (7) Review and recommend, on or before June 30 of each year, a capital improvements program to the city council, which is designed to accomplish the comprehensive plan for the city. (8) Review and make recommendations to the city council on development applications, such as rezonings, conditional use permits, variances, vacations, preliminary plats and home occupation licenses. (9) Accept such other and further duties as may, from time to time, be directed by the city council, including conducting hearings. (Code 1982, S 25-23) Sec. 2-253. Compensation; expenses. All members of the planning commission shall serve without compensation. However, approved expenses of the planning commission shall be paid from available city funds. (Code 1982, S 25-24) Sec. 2-254. Responsibilities of city planninq staff community development director. Planning Commission Minutes of 07-17-07 -19 - Subject to the direction of the city manager, the planning commission and its chairperson, the city planninq staff community development director shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices. (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission's proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, S 25-25) Sec. 2-255. Duties of city engineer, city attorney, city inspectors and other city employees. (a) The city engineer and the city attorney shall be available to the planning commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city inspectors and other regular employees or personnel of the city shall cooperate with the planning commission and make themselves available and attend meetings when requested to do so. (Code 1982, S 25-26) Secs. 2-256-2-280. Reserved. This ordinance shall take effect after publishing in the official newspaper. RULES OF PROCEDURE Approved by the Planning Commission on February 21, 1983 Revision on February 17, 1999 Revision adopted on January 3, 2005 Last Revision proposed on July 17, 2007 We, the members of the Planning Commission of the City of Maplewood, Minnesota, Planning Commission Minutes of 07-17-07 - 20- created pursuant to Chapter 2 ~ as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1.AII meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the first and third Tuesdays Mondaye of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by the chairperson, or in their absence, by the vice chairperson, or by any other member with the concurrence offive other members of the Commission. At least 48 hours notice shall be given to all members for special meetings. B. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 ~ of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. Planning Commission Minutes of 07-17-07 - 21 - D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the eecond meeting of each calendar year first planninq commission meetinq in June, and will serve until their successors have been elected. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission will elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. PLANNING DEPARTMENT DIRECTOR OF COMMUNITY DEVELOPMENT In addition to carrying out the duties prescribed in Section 2-254 ~ of the Code of Ordinances, the city planninq staff director shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2.Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. G.AGENDA Planning Commission Minutes of 07-17-07 - 22- 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting, shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business a. Call to Order b. Roll Call c. Approval of Minutes d. Approval of Agenda e. Public Hearings f. Unfinished Business g. New Business h. Visitor Presentations i. Commission Presentations j. Staff Presentations k. Adjournment 3. No item that is not on the agenda shall be considered by the Commission. H. Except as herein provided, Robert's Rules of Order, Revised and Robert's Parliamentary Law shall be accepted as the authority on parliamentary practice. I. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS The city council shall make all appointments to the planning commission by following the current city appointment policy. K. AMENDMENT 1. Any of these rules may be temporarily suspended by the vote of two-thirds majority of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. L. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year. Commissioner Pearson seconded. Ayes - All The motion passed. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a) June 25 Council Meeting: Mr. Desai (Mr. Roberts) The items discussed included the Pond overlook townhouse project, which was approved by the city council, ayes all. Planning Commission Minutes of 07-17-07 24 b) July 9 Council Meeting: Mr. Hess (Mr. Roberts) The items discussed included the lot division and lot variances at 2291 Hazelwood. The site plan was revised to show the addition to the house meeting the rear yard setback so that only the existing house would have the rear setback variance request. This was approved, ayes all. The Keller Lake Convenience Store was originally scheduled to be discussed but was tabled until July 23, at the request of the neighbors. c) July 23 Council Meeting: Mr. Pearson The items to be discussed include the Keller Lake Convenience Store at County Road B, by Menards. d) July 30: Annual Tour Mr. Roberts asked ifanyone else would like to R.S.V.P. for the annual tour. The entire commission confirmed they are going on the tour. e) August 13 Council Meeting: Ms. Fischer Chairperson Fischer stated she is planning on attending the meeting but will know for certain close to the date. The items scheduled to discuss include The Shores project. X. STAFF PRESENTATIONS None. XI. ADJOURNMENT The meeting was adjourned at 10:45 p.m. If one would like complete coverage of the meeting, a DVD copy of the meeting may be purchased from City Hall for $5.