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HomeMy WebLinkAbout07/15/20021. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, July 15, 2002, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. July 1,2002 5. Public Hearing None 6. New Business a. Concept Plan Review - MWF Properties Apartment Proposal (2000 County Road D) 7. Unfinished Business a. Manufactured Home Park Closing Ordinance Amendment 8. Visitor Presentations 9. Commission Presentations a. July 8 Council Meeting: Ms. Junek b. July 22 Council Meeting: Mr. Tdppler c. August 12 Council Meeting: Mr. Mueller 10. Staff Presentations 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JULY 15, 2002 CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Staff Present: Mary Dierich Present Lorraine Fischer Present Matt Ledvina Absent Jackie Monahan-Junek Present Paul Mueller Gary Pearson William Rossbach Dale Trippler Present Present Present Present Ken Roberts, Associate Planner Tom Ekstrand, Assistant Community Development Director Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA IV. Vm Mr. Roberts added discussion for the city tour under staff presentations. Commissioner Pearson moved to approve the agenda as amended. Commissioner Trippler seconded. The motion passed. APPROVAL OF MINUTES Ayes - Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler Approval of the planning commission minutes for July 1,2002. Commissioner Rossbach moved to approve the planning commission minutes for July 1,2002. Commissioner Pearson seconded. Ayes- Dierich, Fischer, Monahan-Junek, Pearson, Rossbach, Trippler Abstention - Mueller The motion passed. PUBLIC HEARING None. Planning Commission Minutes of 07-15-02 -2- VI. NEW BUSINESS a. Concept Plan Review-MWF Properties Apartment Proposal (2000 County Road D) Mr. Roberts said Mr. David Steele, representing MWF Properties, is proposing to build an 80-unit apartment building. He is proposing this project on a 7-acre site on the south side of County Road D, between White Bear Avenue and Ariel Street. This project would be a 2-story apartment building with a mix of 72 two-bedroom units and 8 three-bedroom units. There also would be 80 detached garage stalls and 101 surface parking spaces on the site. To build this development, the applicant is requesting that the city approve the following: 1. A change in the city's land use plan. This change would be from BC (business commercial) to R-3 (H) (residential high density). A conditional use permit (CUP) for a planned unit development (PUD) for an 80-unit apartment development. The applicant is requesting the CUP because the BC (business commercial) and LBC (limited business commercial) zoning districts limit the uses on the site to a variety of commercial, retail and office uses. The code, however, allows multi-dwellings on land that the city has zoned BC by CUP. 3. Design approval. Mr. Steele has asked staff to present these preliminary plans to the planning commission and city council for comments. Planning commission members shared input and ideas with the applicant, and he will come back to the planning commission with some answers to their questions at a later meeting. Commissioner Rossbach said he would like to see some comparison of traffic with this type of use compared to a BC use. County Road D is already congested, and adding an apartment complex to this area will only add to the traffic. He drove around some areas and made some comments regarding what he likes in apartment buildings. He believes the tot lot is too small. If the applicant is going to install a tot lot, it should be a good tot lot. He likes to see as much green space as possible. He asked the applicant if he had considered using underground parking to eliminate taking up as much green space as Cardinal Pointe and Hazel Ridge did. Commissioner Dierich said she would strongly encourage the applicant to consider underground parking for this proposal. This is a large complex to disperse vehicles out onto County Road D. They should address traffic concerns. Chairperson Fischer asked staff if there are any restrictions on setbacks from the overhead power lines? Mr. Roberts said they just have to be outside the easement area. He said lenders have their own requirements and that would be between the applicant and the lender. Planning Commission Minutes of 07-15-02 -3- Mr. David Steele, representing MWF Properties, 7645 Lyndale Avenue South in Minneapolis, addressed the commission. Mr. Steele said the tot lot is for toddlers and would be a secured area inside the courtyard. The green space will be for kids to play on and others to enjoy. Mr. Steele said the road that is to be abandoned in the southeast corner of the site is proposed to be a vegetable garden for the tenants. He said he would get traffic counts for the commission and present the counts when the numbers are available. Commissioner Mueller asked what the proposed rent would cost for these units? Mr. Steele said the units would rent from $900 to $1500. A garage will be roughly $75 a month. There would be 72 two-bedroom units and 8 three-bedroom units. Commissioner Rossbach asked where the occupants would go in a tornado if the apartment is going to be slab on grade? There are FEMA guidelines that need to be followed for shelters. Mr. Rossbach said he knows this because he has built several tornado shelters in the past. Mr. Steele said he did not know. He said he will check on that. He said the commission asked if the complex could have underground parking. This would add over a million dollars to the project and would substantially raise the rent of the apartments. The owner would prefer to keep this a two-story complex with outside garages and parking stalls. Chairperson Fischer asked the applicant what the cost would be for underground parking compared to outdoor garages? Mr. Steele said an outside garage will run about $7,500 per unit and an underground garage would cost about $20,000 per unit. Commissioner Monahan-Junek asked Mr. Steele if he could get the calculations for the entire parcel and the total green space. She guesses the vegetable garden proposed will be close to an acre at 100' X 300'. With a calculation of the green space, paving and the building for the total site, this would be very helpful. Mr. Steele said he would get the information the commission asked for and bring it back to the planning commission. VII. UNFINISHED BUSINESS Manufactured Home Park Closing Ordinance Amendment Mr. Tom Ekstrand, the Assistant Community Development Director, addressed the commission. He reviewed the planning commission's questions from their previous meeting and the answers he received about those questions. Commissioner Monahan-Junek asked Mr. Ekstrand to describe what the state statute says regarding manufactured home parks. Planning Commission Minutes of 07-15-02 -4- Mr. Ekstrand said the state statute says that the state requires the park owner to notify the city at least nine months before the manufactured home would close. They then give direction to the city where the city would notify the park residents and hold a public hearing to discuss the closing. The city "may" require compensation by the city and others that may be appropriate. The manufactured home ordinances in the cities of Oakdale and Roseville state the city "shall" be required to compensate residents of the manufactured home park. Mr. Dick Pearson, the owner of the Rolling Hills Mobile Home Park, addressed the commission. They have 357 homeowners in this community. He feels this ordinance should not be applicable to his park. He feels their responsibility is to maintain the homes and the grounds, and he feels APAC should not be given power to make any decisions. Mr. Robert Oqilvie of 1249 Antelope Way, Beaver Lake Estates, addressed the commission. He said if a homeowner gets displaced, he gets fair market value for his home. The homeowners in manufactured home parks want fair market value for their homes as well. He said 19% of his rent goes for property taxes for his lot rent. He also pays taxes on his manufactured home. He wants fair market value for his manufactured home, and he wants it now. Commissioner Pearson asked Mr. Ogilvie if he has a copy of the proposed ordinance that APAC has? Mr. Ogilvie said he has a copy of the ordinance, but he did not have a chance to read the ordinance. Mr. James Paist, the Executive Director for APAC, addressed the commission. He said 13 out of 15 cities have passed a manufactured home park closing ordinance. (except for Brainerd and Willmar). State law does not give any compensation for park closing to its residents. This can be disastrous for homeowners in manufactured home parks. The ordinance can be written however the city would like it written. If the City of Maplewood wants to put a cap on the amount of money a homeowner can receive, they can do that. If a homeowner has a manufactured home that is worth considerably more than someone else's manufactured home, then a cap wouldn't provide enough relocation compensation. Oakdale goes by the tax-assessed value of the home for compensation. There are four or five cities that do not have any cap. Commissioner Rossbach asked how APAC came about? Mr. Paist said it was formed in 1980 when a group of manufactured home residents in Anoka County got together and formed Anoka People's Alliance. They got together to organize around the issue of no cause eviction. Previously people could be evicted for no cause and owners of manufactured home parks could arbitrarily evict people without any cause. It later grew into a statewide organization for APAC. They also have a statewide tenant hotline for people to use for questions about their manufactured home park. They occasionally work for park owners and park residents, but mostly they are advocates for the park residents. They share information about state laws, and they do community organizing. They may look at getting playground equipment in their park as well as other issues for the residents. Chairperson Fischer asked Mr. Paist of the 13 out of 15 cities that have passed this ordinance, how many of the cities have one manufactured home park in their city? Planning Commission Minutes of 07-15-02 -5- Mr. Paist said he is only aware of the City of Shakopee that had only one manufactured home park. There were 26 manufactured homes in it. Commissioner Trippler said he understood that the ordinance read that the buyers would have to pay for the attachments, sheds, porches and the manufactured home to either be moved or for the compensation of the home. Mr. Paist said as far as the attachments, sheds, porches etc., the ordinance is designed to include that in moving it, but if it comes to buying out the home for the taxed-assessed value of the home, they would only be paid for the home, not the attachments. Commissioner Trippler asked Mr. Paist if APAC advocates raising the rents at the manufactured home parks. Mr. Paist said, in their experience, rent has been going up consistently enough without them getting involved. Chairperson Fischer asked if any of the cities that passed this ordinance had been challenged in court? Mr. Paist said the Arcadia Corporation challenged the City of Bloomington in court and it went to the Court of Appeals in 1986 and was upheld. When homeowners get displaced in a manufactured home park, it affects the city, the social service agencies, churches, shelters etc. because people turn to these agencies when they are in need of help. Commissioner Mueller said he would like to know from APAC or staff as parks have closed, what has been the relocation percentage of buy out costs for developers or park owners? Commissioner Rossbach asked staff to find out what residents would be paid when an apartment building gets sold or condemned and the residents get displaced? What other programs are out there that would be similar to this ordinance for people to get compensated for being displaced? Commissioner Monahan-Junek said she would like staff to research the same information for town homes as well. Mr. Roberts said as he understands, when the government is involved and they buy out an area or a property, there is compensation. If a private party does the buy out, there is no mandatory compensation for residents, but it can be negotiated. Mr. Paist said a manufactured home park ordinance is not going to solve all the problems. However, it will provide some compensation for the people that are displaced. The City of Maplewood has the ability to designate the wording in the ordinance. The city can use the 20% cap rule or use the taxed assessed value for compensation. Commissioner Pearson said because of the possible conflict of interest for him, he will abstain from voting on this issue. He said a 20% cap bothers him. He wonders what is magical about 20% and why is that fair compensation. Planning Commission Minutes of 07-15-02 -6- Mr. Paist said he does not know what is magic about a 20% cap, but some compensation for the homeowner is better than ending up with nothing. Beverly Ogilvie from 1249 Antelope Way, Beaver Lake Estates, addressed the commission. She wants to have the protection for her home in case something should happen. She would like to sell her home one day in good faith and not have to worry about someone else being stuck with this problem and not getting compensated. Commissioner Rossbach said he would like to have time to reflect on everything he has heard at the meeting before trying to vote on this ordinance. He moved to table this item until the next planning commission meeting before making a recommendation to the city council. Commissioner Dierich seconded. Ayes- Dierich, Fischer, Monahan-Junek, Mueller, Rossbach Nay- Trippler Abstention - Pearson VIII. The motion is tabled. Commissioner Pearson said the City of Maplewood should get a task force together to decide what the city wants worded in the ordinance. Commissioner Rossbach said he thinks the commission should first decide if there should be an ordinance or not. Then the commission could recommend to the city council what they think should happen. Chairperson Fischer asked staff if they could find out, of the cities that passed the ordinance, how many parks each city has in their community, and if theirs is disparate in value, size, occupancy, and how they came to the conclusions on caps. Commissioner Dierich asked staff if they could get the tax base for some of these manufactured home parks such as Beaver Lake Estates? This would help the commission know if a park closing were to happen, what financial impact this would have on the city. VISITOR PRESENTATIONS Mr. Robert Ogilvie at 1249 Antelope Way, said he wanted to tell Ms. Dierich that the taxes for Beaver Lake Estates are $5,510,000 and gross $1,000,000. IX. COMMISSION PRESENTATIONS a. Ms. Monahan-Junek was the planning commission representative at the July 8, 2002, city council meeting. Sinclair Oil Corporation proposal on Larpenteur Avenue passed ayes all. XI. Planning Commission Minutes of 07-15-02 Ow -7- Bruentrup Farm parking lot proposal passed ayes all. One nay was from Mayor Cardinal because he wanted 50 parking spaces compared to the 21 spaces that were voted on. Hmong Alliance Church proposal on McMenemy Street and DeSoto Street was passed ayes all for the parking lot and playground. The city council denied the driveway onto DeSoto Street. Chief Winger announced his retirement. Mr. Trippler will be the planning commission representative at the July 22, 2002, city council meeting. One item to be discussed at the city council meeting will be the home occupation photography business on Montana Avenue for Karla Eckhoff. Interviews for the planning commission candidates will also take place. Mr. Mueller will be the planning commission representative at the August 12, 2002, city council meeting. Possibly discussing the Manufactured Home Park Ordinance. STAFF PRESENTATIONS Mr. Roberts discussed the city tour. Members are to meet at the city hall at 5:30 p.m. The bus will be making a stop at Beaver Lake Estates for refreshments, and a box lunch will be provided. ADJOURNMENT The meeting was adjourned at 9:18 p.m.