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
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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
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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
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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.