Loading...
HomeMy WebLinkAbout09/04/20011. Call to Order MAPLEWOOD PLANNING COMMISSION Tuesday September 4, 2001, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda Approval of Minutes a. August 20, 2001 o Unfinished Business a. Schlomka Landscaping Inc. (2511 Carver Avenue) 1. Conditional Use Permit (Over-Sized Accessory Structure) 2. Conditional Use Permit (Landscaping Business in F Zone) New Business a. Alley Vacation (next to 49 Kingston Avenue) 7. Visitor Presentations Commission Presentations a. August 27 Council Meeting: Mr. Ahlness b. September 10 Council Meeting: Ms. Fischer c. September 24 Council Meeting: Mr. Pearson Staff Presentations a. Annual Tour Follow-up 10. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 4, 2001 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Commissioner Eric Ahlness Commissioner Mary Dierich Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Matt Ledvina Commissioner Paul Mueller Commissioner Gary Pearson Commissioner William Rossbach Commissioner Dale Trippler Present Present Present Present Absent Absent Absent Present Absent III. IV. Staff Present: Recording Secretary: APPROVAL OF AGENDA Ken Roberts, Associate Planner Shann Finwall, Associate Planner Lisa Kroll The New Business was moved ahead of Unfinished Business to accommodate the applicants that were in the audience. This however, was not reflected in the minutes in that order. Commissioner Frost moved approval as amended. Commissioner Rossbach seconded. Ayes - All The motion is passed. APPROVAL OF MINUTES Chairperson Fischer noticed testimony that was inadvertently omitted from the minutes for August 20, 2001. The testimony of Kathryn Sorenson of 2302 Stillwater Road was submitted to members at the meeting. The additions were approved by Chairperson Fischer and should be an addition to page 7 of the minutes. Commissioner Ahlness moved approval of the minutes as amended. Commissioner Dierich seconded. Ayes - Ahlness, Dierich, Fischer Abstention-Rossbach, Frost The motion is passed. Planning Commission Minutes of 09-04-01 -2- V. UNFINISHED BUSINESS a. Schlomka Landscaping, Inc., (2511 Carver Avenue) 1. Conditional Use Permit (Over-Sized Accessory Structure) 2. Conditional Use Permit (Landscaping Business in F Zone) Ms. Finwall stated that Paul Schlomka of 2511 Carver Avenue is requesting a conditional use permit to operate a landscape business from his farm-zone property. He also is asking for a conditional use permit to build a pole barn larger and taller than the code allows to store vehicles and equipment associated with the business. Mr. Schlomka's lot is adjacent to 1-494 on the north side of Carver Avenue and is 4.34-acres in size. On August 6, 2001, the planning commission recommended approval of the farm zone code amendment to allow a landscaping business, and other similar businesses, within the farm zone with a CUP. Within the farm zone currently, farming and all farm related commercial vehicles are allowed as a permitted use. It was determined by the planning commission that a landscape-type business is similar to a farm business because of the similar types of commercial vehicles and equipment. Therefore, the amendment was proposed to allow property owners such as Mr. Schlomka an economic use of their farm zone land. The city council did agree with the planning commission and approved the first reading of the proposed code amendment with no opposition at their August 27, 2001, meeting. The second reading with the council is scheduled for September 10, 2001, with the final code amendment to go into effect after being published on approximately September 19, 2001. Mr. Schlomka is requesting approval of a conditional use permit for the business based on the new ordinance. Mr. Schlomka states that he is the sole employee in his landscaping business called Schlomka Landscaping. He states that no customers come to the property and that the business is run from the house. The commercial vehicles and equipment will be stored entirely within the pole barn. Pole barns are permitted within the farm zone, however, the square footage and height requested by Mr. Schlomka exceeds that allowed by the accessory structure ordinance. Mr. Schlomka has an existing 714 square-foot detached garage and according to the ordinance is only allowed an additional 536 square feet of accessory structures to a maximum height of 16 feet. Mr. Schlomka's proposed pole barn would be 4,224 square feet in area and 18.5 feet in height. Because the pole barn would be 3,688 square feet larger and 2.5 feet taller than the code allows, a conditional use permit for the pole barn is required. The new farm zone amendment specifies that an accessory structure used in a landscaping business must maintain at least a 50-foot setback from an adjacent residential property. Mr. Schlomka's pole barn is proposed at 79 feet from the adjacent residential property line. In addition, the pole barn must be screened from residential properties. Because Mr. Schlomka's pole barn is proposed to be on the north side of the house in a very heavily wooded area, screening of the pole barn may not be necessary as it is not visible from the street or adjacent properties. However, staff feels that the pole barn should be screened for winter months. Staff is proposing that the applicant plant a staggered row of 12, 6-foot high evergreens along the east side of the pole barn and the east side of the new driveway. Planning Commission Minutes of 09-04-01 -3- With the initial home occupation request, staff felt that the landscape business within this residentially zoned property made for poor land use practice, because of the possibility of added employees, extended hours, and possible expansion. With the strict controls of the CUP process as specified in the farm-residence zoning code amendment, as well as the location and lot size on which the business is proposed, staff now feels comfortable with Mr. Schlmonka's business and feels that it will not have a negative impact on the surrounding properties. For these reasons staff recommends approval of Mr. Schlomka's conditional use permit for the business, as well as a conditional use permit for the pole barn, with several conditions as specified in the staff report. Commissioner Dierich asked staff if there was any chance that diesel machine repair would take place with this conditional use permit? Ms. Finwall stated that the conditional use permit will cover the landscape business, however, it is a possibility that Mr. Schlomka would be repairing his own commercial vehicles. The repair of other outside vehicles would not be permitted. Commissioner Dierich commented, being a resident in the neighborhood, is it possible to change the Saturday morning hours of operation from 7:00 a.m. to 9:00 a.m. so people could sleep in? Ms. Finwall answered the conditional use permit itself could have a condition that states different hours. Commissioner Rossbach asked staff if there are no time constraints when farmers can work? Ms. Finwall answered that is correct. The applicant Paul Schlomka of 2511 Carver Avenue came forward. Mr. Schlomka asked about storing landscaping materials outside? Is there a problem with storing black dirt or rock outside? Commissioner Rossbach answered yes there is a problem with that, because a person could pile a large pile of black dirt outside and leave it there for two or three years, it grows into a hill of weeds and it looks unsightly. He said the city is trying to create a situation where a business can co-exist with residential surroundings. By saying everything has to be stored inside, then no matter what you do with it, it's your problem, and not your neighbors. Mr. Schlomka asked what if the neighbors couldn't see it? Would it still matter? Commissioner Rossbach stated it would still be a pile of weeds. Mr. Schlomka answered he has 5 acres of weeds. Commissioner Rossbach said all of this has been tailored to allow businesses to co-exist in a residential setting. Just like our gas stations and auto repair shops can't have things sitting outside, it has to be inside the building. Planning Commission Minutes of 09-04-01 Commissioner Ahlness asked the applicant how far the proposed building would be from the house on 2575 Carver Avenue? Mr. Schlomka's friend came forward and addressed himself as Paul Ledo of 1480 South Sterling. Mr. Ledo answered the proposed structure would be approximately 300 to 400 feet away from the proposed building with quite a few trees in between. Commissioner Ahlness asked Mr. Schlomka about the hours of operation. What kind of an assurance can you give us that you will keep with your business plan, with hours of operation of 7:00 a.m. to 7:00 p.m. and no work on Sunday's? Mr. Schlomka answered he will not break the rules. He commented he wished someone could regulate the noise from the freeway next to his house so they would not drive by at 6:00 a.m. in the morning with loud vehicles. Even if he left or worked outside the hours, nobody would hear him because the freeway is so loud. He stated he has lived in that house for 30 years and it is loud 24-hours a day, 7-days a week. Commissioner Ahlness said he appreciated his input. As a homeowner living on English Street where a lot of traffic is relatively close to his house, approximately 250 feet away is another landscaping business. He can assure you that he hears the beeping of the heavy trucks as they back up or dump their materials on a Saturday evening when he has people over for a barbeque in his backyard. That is a large concern of his. He would really encourage Mr. Schlomka to keep within the hours stated so that he can maintain a good relationship with the neighbors. Commissioner Rossbach asked staff what constitutes work? We're not saying Mr. Schlomka can't drive his equipment on or off his property anytime he wants to. Or is driving his equipment considered to be work? Ms. Finwall replied that the definition is open to interpretation. As a residential property, the starting time of a landscape business including the warming up of the vehicles in the winter perhaps, would add to the negative impact that may be involved with business adjacent residential property. Therefore, in her interpretation, hours of operation would include starting up a vehicle and leaving. Commissioner Ahlness commented, he is voting for this resolution but would like to encourage Mr. Schlomka to be considerate of the neighbors and be a good neighbor himself by abiding to the 7:00 a.m. to 7:00 p.m. hours of operation and closed on Sunday. There are residential people in the neighborhood and several of them did express concerns about the noise. Coniferous trees between the business and residential areas will not totally stop the noise from the site. Commissioner Frost said if between now and next year, staff gets comments about this business, can we change the conditions next year? Mr. Roberts stated the conditions could be reviewed sooner than next year if there was a violation found. Planning Commission -5- Minutes of 09-04-01 Commissioner Dierich asked Chairperson Fischer if she could amend the Saturday business hours. She would be remiss in representing her neighborhood if she did not ask for the time change. She would say the hours of operation should be from 9:00 a.m. to 7:00 p.m. on Saturdays. Chairperson Fischer said that would be an amendment to item 1. d. Is there a second to the motion to amend? Chairperson Fischer said the amendment failed for lack of a second motion. Commissioner Frost moved to recommend adopting a resolution to approve a conditional use permit for a landscape business within the farm-residence zoning district for Mr. Paul Schlomka at 2511 Carver Avenue. Approval is based on the findings required by the code and subject to the following: a. The business must be conducted solely within the house or an accessory structure. b. No exterior storage is allowed, including all commercial vehicles, equipment, and supplies associated with the business. The existing dirt stockpile must be removed. c. No more than one (1) nonresident employee shall be allowed to work on the premises. d. The landscape business hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. e. Any exterior lighting associated with the business must not produce glare on adjacent residential properties or exceed 0.4-foot candles at the property line. f. The conditional use permit is specifically for Paul Schlomka and Schlomka Landscaping and is not transferable to a new property owner. g. The conditional use permit will be reviewed by the city council again in one year. He also moved to recommend adopting a resolution to approve a conditional use permit for a pole barn in the farm-residence zoning district. Approval is based on the findings required by the code and subject to the following: a. The pole barn is limited in size to 4,224 square feet in area and 18.5 feet in height. b. The pole barn must maintain at least a 50-foot setback from the adjacent residential property. c. The pole barn must be constructed with the garage doors facing south or west. The site plan will be changed to reflect that the second driveway does not extend beyond the east wall of the pole barn. Planning Commission Minutes of 09-04-01 -6- The applicant is required to plant a staggered row of 12, 6-foot high evergreens along the east side of the new driveway and pole barn. Location and species to be approved by staff prior to issuance of a building permit. Commissioner Rossbach seconded the motion. Ayes - All The motion passed. Ms. Finwall said this item goes to the city council September 24, 2001. Chairperson Fischer said the city council makes the final decision. NEW BUSINESS a. Alley Vacation (next to 49 Kingston Avenue) Ms. Kristin Borowske is requesting to vacate an unused alley. This alley is between the homes of 49 and 63 Kingston Avenue in western Maplewood. The alley has never been developed and would be divided between the two properties if the vacation is approved. The city does not have a need for the alley and recommends approval of the resolution. This vacates the alley between the properties of 49 and 63 Kingston Avenue. The city and the adjacent property owners have no plans to build an alley in this location and the adjacent properties have street access. Commissioner Frost asked staff if there were any other alleys in the general area that should be vacated? Mr. Roberts replied there probably are some alleys that could be vacated. Some alleys are used for garage access, and without driving to each alley and investigating it further, he would hesitate to say if any other alleys should be eliminated. Chairperson Fischer asked staff if the standard size of an alley is 16-feet wide as this alley is? Mr. Roberts stated the City of Maplewood has both 16-foot wide and 20-foot wide alleys and that was based on the age of the plat. The later plats were 20-feet wide and the others were 16-foot wide. The applicant, Ms. Kristin Borowske of 63 Kingston Avenue East came forward. Ms. Borowske has spoken with her neighbor at 49 Kingston Avenue East and they both want the alley vacated and to split the property between the two of them. Planning Commission Minutes of 09-04-01 -7- Commissioner Frost moved to recommend approval to adopt the resolution for vacation of the alley at 49 and 63 Kingston Avenue. The resolution vacates the unused alley that is between the properties at 49 and 63 Kingston Avenue. The city should vacate this alley because: 1. It is in the public interest 2. The city and the adjacent property owners have no plans to build an alley in this location. 3. The adjacent properties have street access. Commissioner Rossbach seconded the motion. Ayes - All The motion is passed. Mr. Roberts stated this will go to the city council September 24, 2001, and staff will send an updated memo and letter before hand. Commissioner Rossbach said that he believed when a property gets divided, it is added to the tax roll for the City of Maplewood. It may be worthwhile to seek out other alleys that need vacation. VII. VISITORS PRESENTATIONS No visitor presentations. VIII. COMMISSION PRESENTATIONS a. August 27, 2001, Mr. Ahlness represented the city council meeting. Commissioner AhlnesS reported one of the issues that was discussed was the business subsidy policy. City council thinks a business should be required to stay in the community at least 5 years. The largest concern was, what would the minimum wage be for the companies for the new positions that would be hired on as a result of the expansion. This policy only applies to Schroeder Milk at this time. In the future, if another business came in, they would have the flexibility to change the policy at any time. Schroeder Milk is intending to add 30 positions at $15 an hour. City council raised the recommended minimum hourly wage from $8.50 to $10.50 an hour in the policy. Alamo Car Rentals were discussed and the no left turn onto White Bear Avenue came up. Planning Commission members had asked if it would be possible to make the no left turn sign enforced during busy times of the day and night. The police chief said he did not recall the request crossing his desk, but believed he would rather keep the no left turn sign up for safety reasons. The city council agreed with the rule as well. The clause was left in to restrict no left turns at all times. They appreciated the Planning Commission's comments regarding making this the last business that gets reserved parking spaces in that business complex due to the number of spaces available already reserved. Planning Commission Minutes of 09-04-01 -8- The Family Service Center was discussed. The city is holding $140,000 in escrow for an elevator in the barn on the county fair complex. Essentially, staff had worked out an arrangement to split $70,000 for the community to designate for use, and $70,000 for the county. After some discussion the city council decided to stick with that. The $70,000 for the community should go to the Bruentrup Farm Complex for shingling the barn. They would also encourage the county to orient the money to the county board for improving the site, specifically for the fair. Rather than having the money going to other things, since the money was targeted for fairground use. In the farm-residents ordinance there was a note that they put in a change that the Planning Commission did not see on the ordinance. They inserted a clause that any use allowed by conditional use in the (R1) residential residences district except the equipment and vehicles used for onsite farminq or equipment and vehicles used onsite landscapin.q business or any other similar business approved with a conditional use permit as described in this section shall be permitted use. Ms. Finwall clarified the clause as; commercial vehicles are permitted use with the landscaping business as well as a farm business in that farm zone. September 10, 2001, Ms. Fischer will represent the city council meeting. The items to be discussed include Sobriety High, and Walgreens. There will also be the second reading of the farm zone and the rezoning code amendment under unfinished business. September 24, 2001, the city council meeting will be represented by Mr. Pearson. Because Mr. Pearson was absent, if he is unable to attend, Mr. Rossbach said he would be an alternate. Items to be discussed are Beau's Food and Spirits, and the EAW results from Beaver Lake town homes. IX. STAFF PRESENTATIONS Commissioner Frost stated that Forest Products still has not done any landscaping and the building has been done since spring. Ms. Finwall said Forest Products had some difficulties with their grading. They were required to re-grade their retention pond, which held back the sod. They were proposing a freestanding sign and attempted to get a permit for this sign. Because the engineer needed specs, the city had to hold onto the permit with issuance of the permit. For these reasons the installation of the sod was delayed. Now that the re-grading is complete and the sign is going up, hopefully they will be putting sod down as early as next week. Chairperson Fischer reminded members that next week is primary election. The next Planning Commission meeting will be Monday, September 17, 2001. Planning Commission Minutes of 09-04-01 -9- aw Tour Follow-up Mr. Roberts was inquiring about the tour and asked if members want to do anything different with the annual tour. Commissioner Rossbach would like to have fewer sites and longer stops at the sites to discuss or formulate questions. In previous tours it seemed to be a hurried site seeing tour. There is not much discussion happening except amongst themselves. The tours are good, having an opportunity to bring the different commissions, and council members together to have some discussion about what is going on in the city. To him the best part of the tour is the picnic. Commissioner Frost said he thinks the tour is too much for everyone that attends the tour. He would like to have the tour with only a few groups of people. For instance, having a tour with the Planning Commission and the Community Design Review Board since certain sites affect both commissions. Let the other groups go on tours separately. Fewer sites would be better also. Mr. Roberts stated that part of the reason all of the groups have been going together on these tours, is this is a chance for members to meet various other commission members. About the only other time people can do this, is at the annual city appreciation dinner. Otherwise, your paths probably don't cross. Mr. Roberts asked if it is the consensus of the Planning Commission that we should still do some type of a tour?. Commissioner Ahlness said he definitely thinks the tour is valuable. As a new commissioner it provides a good broad prospective of what is going on. You also hear from the more experienced members about what the thinking was that went into some of the decisions that were made. Or how it fits in with the grand scheme of things. For instance, next year we could tour the Schlomka Landscaping. We could let the local residents and the business owner know when are stopping by there, maybe they will want to give some feedback to the commission about how things are working out. The most significant area we will face in the future is the Hillcrest Village Area. What is the closest thing within a reasonable distance from the City of Maplewood that looks like what we want? Go down to the Grand Avenue business district for instance, and see, is that what we have planned for the future of the Hillcrest Village Area and then have a discussion on it. This may help us get our focus and understand by seeing something in person regarding what is or isn't good about this plan. As the development comes together over the years, we can help guide it through a common vision or a practical reality and see if works well for Maplewood. Commissioner Dierich agreed with both Mr. Ahlness and Mr. Rossbach with where they are going with this. She thinks fewer sites with more of an eye to examples of the kinds of problems that we are going to be seeing both in the future and the things we have already acted on in the past. It seems to her that the mission for city council and for Planning Commission is evolving from being more of meeting the ordinances so it is okay to build to more of a clear vision and where to go with it in the future. These tours would help clarify that thinking and get everybody on the same page with where they want to go with how to design the city in the future. Planning Commission Minutes of 09-04-01 -10- Mr. Roberts thanked everyone for their comments and he will compile the thoughts and put it in the tour file for planning next year's tour. X. ADJOURNMENT The meeting adjourned at 7:56 p.m.