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HomeMy WebLinkAbout11/20/2007 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDA Y, NOVEMBER 20,2007 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 Present Present Present Present Present Present Present Present Present Staff Present: Ken Roberts, Planner Shann Finwall, Planner Tom Ekstrand, Senior Planner Ginnv Gavnor, Open Space Coordinator Alan Kantrud, City Attorney III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the amended agenda, deleting Item 6. b. Commissioner Hess seconded Ayes - all The motion passed. IV. APPROVAL OF MINUTES a. November 5, 2007 Commissioner Boeser moved approval of the minutes of November 5,2007, as submitted. Commissioner Martin seconded Ayes - Fischer, Hess, Pearson, Yarwood, Martin, Boeser Abstentions - Desai, Trippler, Walton The motion passed. V. PUBLIC HEARING None Planning Commission Minutes of 11-20-07 -2- VI. NEW BUSINESS a. Wetland Ordinance Update Planner Shann Finwall explained the proposed wetland ordinance update and introduced open space coordinator Ginny Gaynor. Open space coordinator Gaynor presented the staff report and details about the proposed ordinance. Commissioner Hess asked staff to comment on wetland properties that would be "grandfathered in" relating to buffer areas and also to expand on the Class A definition of streams in Maplewood. Commissioner Trippler said he felt it was difficult to review the staff report on this ordinance update since the commissioners got an updated staff report at the start of the meeting. Mr. Trippler stated that averages were not considered when the original wetland ordinance was assembled and asked staff why averages were included in the update. Coordinator Gaynor explained that the issue of averaging was discussed by the Environmental and Natural Resource (ENR) commission and they requested that staff research previous developments involving wetlands. Staff found that since 2003, 11 developments near wetlands were constructed with five developments using averages, five developments mitigating wetlands, and one development that met the setbacks. Ms. Gaynor explained that with half of the projects near wetlands mitigated, the ordinance needs to allow for averaging or it will allow for variances. Jim Beardsley, chair of the ENR commission, explained that only Classes A and B will be considered for averaging and then only a small portion of the wetland will be considered for averaging. Mr. Beardsley said that this proposed ordinance update, including averaging for Class A+ property, is the ENR's best effort to protect both the wetlands and the wildlife. Commissioner Walton asked whether the controlling agency would be Ramsey-Washington Metro Watershed District (RWMWD) or Minnesota Routine Assessment Method (MnRAM). Planner Roberts responded to his question stating that the language in the city ordinance would prevail for issues with wetland developments. If the language in the city ordinance is more restrictive, a developer would need to meet the standards in the city ordinance. Mr. Roberts said wetland quality and protection issues have become more important now and development rules in cities are changing with updated building construction codes and ordinances to reflect the current policy directions. Planner Finwall said there are conditions in the ordinance to require property owners to mitigate and restore wetlands when the buffer has been altered or to compensate for the impact to the wetland. Commissioner Walton asked staff about the use of pesticides in wetlands and in buffers and the definition of weeds to be removed. Ms. Gaynor responded that each wetland situation would be considered separately and that some noxious weeds such as poison ivy may be allowed to be removed. Commissioner Trippler suggested that more defining language be added under item 9. of the proposed ordinance relating to the city's holding of developer funds for completion of successful restoration. Mr. Trippler suggested requiring a final inspection approval for release of the funds. Planning Commission Minutes of 11-20-07 -3- Commissioner Walton questioned what the process for review of any wetland variance applications will be. Planner Finwall responded that the ENR would consider the variance request initially and then make a recommendation for the planning commission's consideration. Mr. Walton suggested a review process for wetland variance applications be created. Commissioner Yarwood suggested several changes to verbiage in the ordinance. Mr. Yarwood said overall he feels the ordinance is well written and he does not have a problem with averaging being included in the ordinance. The commission was generally in agreement with the proposed wetland ordinance update and with the new buffer area requirements. The proposed ordinance and the planning commission comments will be reviewed next by the community design review board. VII. UNFINISHED BUSINESS a. Sign Code Amendment - Dynamic Display Sign Ordinance Senior Planner Ekstrand presented the staff report and explained the changes to the proposed sign ordinance that were patterned after the Eagan sign ordinance. Mr. Ekstrand responded to questions from the commission. Commissioner Trippler noted that at the last planning commission meeting a motion was made and approved to recommend that the community design review board draft a dynamic display code amendment. Mr. Trippler asked if the review board had submitted this information. Senior Planner Ekstrand explained the review board tabled this item and requested additional information from staff. Mr. Ekstrand reviewed with the commission the additional information for the review board. City attorney Alan Kantrud explained that the community design review board does not have jurisdiction over the sign ordinance and the planning commission cannot delegate authority to the board as he had previously advised. Mr. Kantrud said the planning commission is required by state statute to make recommendation to the city council on this proposed sign code amendment within 60 days. Commissioner Martin requested a copy of the MnDOT highway crash study and the lighting study done by Clear Channel. Commissioner Boeser moved to table the dynamic display sign ordinance amendment until the next meeting. Commissioner Trippler seconded Ayes - all It was agreed that a friendly amendment be added to the above motion requesting comments on the dynamic display sign code amendment from the community design review board for consideration at the next meeting. VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. November 26 Council meeting: Commissioner Boeser Planning Commission Minutes of 11-20-07 -4- b. December 10 Council meeting: Commissioner Yarwood c. December 17 Council meeting: Commissioner Fischer X. STAFF PRESENTATIONS None XI. ADJOURNMENT The meeting was adjourned at 9:18 p.m.