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Home My WebLink About07/07/2003MAPLEWOOD PLANNING COMMISSION Monday, July 7, 2003, 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. June 16,2003 5. Public Headngs a. Legacy Village PUD (County Road D and $outhlawn Ddve) 1. Comprehensive Plan Amendments 2. Rezoning 3. Conditional Use Permit for Planned Unit Development 4. Right-of-way Vacations 5. Preliminary Plat 6. New Business a. Liberty Classical Academy Conditional Use Permit (1717 English Street) Gruber's Power Equipment (1762 White Bear Avenue) 2. 3. 4. Moratorium Vadance Parking Lot Setback Variance Fence Height Vadance Conditional Use Permit for Expansion of Extedor Storage 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. June 23 Council Meeting: Ms. Fischer b. July 14 Council Meeting: Mr. Pearson c. July 22 (Tuesday) Council Meeting: Ms. Monahan-Junek MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JULY 7, 2003 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Chairperson Lorraine Fischer Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Tushar Desai Mary Dierich Matt Ledvina Jackie Monahan-Junek Paul Mueller Gary Pearson William Rossbach Dale Trippler Present Present Present Absent Present Absent Present Present Present Staff Present: Melinda Coleman, Assistant City Manager Chuck Ahl, Public Works Director Tom Ekstrand, Assistant Community Development Director Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary II1. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda. Commissioner Trippler seconded. Ayes- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for June 16, 2003. Commissioner Trippler moved to approve the planning commission minutes for June 16, 2003, with the proposed changes. Commissioner Trippler had a correction on page 13 in condition 5. it should say MPCA instead of MnPca and the word NPEDS should be NPDES (National Pollutant Discharge Elimination System) and the word Pollution should be Pollutant. Planning Commission Minutes of 07-07-03 -2- Chairperson Fischer wanted to clarify her statement on page 16, in the fifth paragraph, she would like to separate the two sentences with a) and b). So the second sentence should read: a) if the ordinance allows the city the flexibility to state they will allow the business to pave one half of what is normally required, and if it then appears more parking is necessary, the city can require the business to add more parking, b) or does the business have to pave the whole parking lot at once? Commissioner Dierich seconded. Ayes- Desai,Dierich, Fischer, Monahan-Junek, Mueller, Rossbach, Trippler Abstention - Pearson V. PUBLIC HEARING a. Legacy Village PUD (County Road D and Southlawn Drive) Mr. Roberts said there is a correction to the agenda sheet and the report. He said item number 5. a. 2. Rezoning is unnecessary because there is not a PUD zoning district. The CUP for the PUD covers that so that action is not necessary. Also, the Alice Street right-of-way vacation is not necessary because it was already approved already, which leaves three items to discuss for the Legacy Village. Chairperson Fischer asked for the staff report. Mr. Phil Carlson, AICP, with Dahlgren, Shardlow, and Uban, Inc., addressed the commission. Mr. Carlson gave his presentation on Legacy Village to the commission as presented in the staff report. Commissioner Rossbach said this is the first time he has had a clear understanding of how the density is calculated. He said although the city is looking at a PUD and he agrees with the concept that it should be viewed as a whole, it seems odd to him that every open parcel that is not commercially developed has been included in the density figures for the residential areas. Mr. Carlson said perhaps a way to look at is to step back from the mathematical calculations and think how does this site function and does it create character and a plan that Maplewood would approve of. Mr. Carlson said the numbers that were calculated work in the city's planning and zoning plan. He asked the planning commission if this plan meets the intent of the PUD and keeps the character and setting of the surrounding area? Commissioner Rossbach said he doesn't see anything inappropriate with the plan. However, the city has the property and the proposed development and circumstances for each development can change. Therefore, he thinks it is important to have a baseline to work off of because how it feels will feel different to everyone in the room. In establishing a baseline he would like to see some of the space for the development and attach it to the commercial property of the development and not take and put it all on the residential side. Commissioner Rossbach asked for clarification regarding page 13, item 3) g. for the multi-family residential units to provide buffering on their own property from the commercial areas. Planning Commission Minutes of 07-07-03 -3- Mr. Carlson said he thinks it depends on whether residential or commercial property is built first. He said there are setbacks required in the code for commercial sites from residential sites and they would be adhered to. However, a commercial site may not be aware of exactly what is happening on the next site. He said it behooves the multi-family site to be designed in such a way to make sure it's providing a reasonable buffer and screening to what is around it. Commissioner Rossbach said that seems like a departure from the way the city has handled it in the past. He said the city has always looked at the commercial entities to provide the buffering on their own property in residential areas. He said the way the current ordinances are set up have to do with areas that are currently used as or planned as residential. For that reason, he thinks the city should follow through with the ordinance standards and have the commercial sites provide buffer to the residential sites. Mr. Carlson said then those rules should still apply. Chairperson Fischer asked how the densities were computed? Mr. Carlson said there is a table on page 21 of the staff report showing how the densities in the project were computed. Chairperson Fischer asked if they a certain amount of people per acre or did they use the bonus that clicks in when dealing with seniors rather than multi-family housing? Mr. Carlson said he calculated units per acre. When the number of units came in below the 12 units per acre, which is the standard in the comprehensive plan, he did not calculate the person per acre any further because he assumed that a portion of that would be for seniors and the numbers would be okay. Chairperson Fischer asked if there were other variances that would be covered by this not specifically listed? She said on one page of the report it says side yard building setbacks for all buildings are less than required by the code and are specifically approved within this PUD as shown on the site plans. Mr. Carlson said the variances are listed in categories were the front setbacks for the clubhouse, and the setbacks for the townhouses for Kennard, Hazelwood and County Road D are less than required in the code. The setback for the furniture company to County Road D and Southlawn would be less. The setbacks for senior assisted living would be less than required. Chairperson Fischer asked if the variances included other setbacks and is there the full contingent of parking spaces? Mr. Carlson said the commercial space is not being designed in detail and they did not do the parking calculation, however there would be more than enough space on the site. He said the building could be moved and the parking could be redesigned so there would be an unknown quantity there. He said the parking would be reviewed in detail by the CDRB for the correct number of parking spaces. He said he is not aware of any other specific variances other than those setbacks. Planning Commission Minutes of 07-07-03 -4- Commissioner Trippler said his concern has to do with the office complex. He said when the discussion first began for the Hajicek property it was based on having an office headquarters that would be the focus of the whole development. He knows things have changed over the past few years and it was the first time he heard the term office space or commercial space used. He wondered if the plan was to move away from the idea to include office space idea and move towards the area becoming commercial space? Mr. Carlson said the Hartford Group has presented that site on the plan as a corporate/commercial site but there may be commercial uses in the site. He said it is entirely appropriate for the city to specify which uses would be appropriate on which sites within the PUD. It is his feeling that commercial uses like retail would not be successful in that area so he does not anticipate the city would see retail used there because in order to visible and successful the retail companies would want to be on County Road D or on Southlawn for proper traffic exposure. He said to clarify that perhaps a representative from the Hartford Group could give more information on that. Commissioner Trippler asked what influence the city has to make changes to the proposed pool. He said he calculated the pool to be 1000 square feet of pool area, which in his opinion is too small. Mr. Carlson said the square footage of the proposed pool seems appropriate to him. Commissioner Trippler said he appreciates the concern and focus to provide sidewalks throughout the facility because he has always had strong feelings to have more sidewalks in Maplewood. He asked if the sidewalks would connect to the Gateway Trail or to anyplace outside the Legacy Village development? Mr. Carlson said the sidewalks go out to the public streets, which are Hazelwood, County Road D, Southlawn and Kennard and at that point you can get to the trail that goes up to the power line west of here. He said the fact that they are tying the sidewalks into the public sidewalk system means you can get to the other sidewalks and trail systems in the city. Commissioner Trippler said his concern is how people will get from one side of the street to the other without getting run over? He said when he was in Finland one of the interesting ways to get pedestrians across the street is to use speed bumps for crosswalks so that people slow down or take the chance of damaging the bottom of their car. He wonders how the city is going to keep traffic moving but still allow pedestrians to get from one place to the other. Mr. Carlson said he would defer that question to the city engineer. Mr. Ahl, Maplewood Public Works Director said as the city deals with this issue, the proposal is to have parkway design for Kennard Street. He said the parkway design would have very narrow drive lanes with large medians in the center and very small crossing points. He said the city is experimenting with raised crosswalks in a few spots in the city and it seems appropriate for the city to continue looking at that idea. Commissioner Trippler asked where the power line trail is? Planning Commission Minutes of 07-07-03 -5- Mr. Carlson said the power line trail is on the north side of the power line easement and south of the internal side for the townhouse complex. Commissioner Trippler asked if there would be affordable housing and if so where would it be located? Mr. Carlson said affordable housing would be in the 50-unit multi-family site. Ms. Melinda Coleman, Maplewood Assistant City Manager, said based on the feedback and concern of the planning commission and the city council to have additional commercial or retail to accommodate the residents living in the area to walk to a grocery or drugstore, the Hartford Group dropped the number of units in the apartment building from 100 units to 50 units so they could add additional retail space. Commissioner Monahan-Junek asked where she would park if she wanted to walk around the park in outlot F? Mr. Carlson said there is no specific public parking devoted to the southwest area. The park under the power line on the western side of the site would have a small public parking lot that people could park at and enjoy the park space in the area. Commissioner Monahan-Junek said she read there would be no on-street parking on Legacy Parkway. Mr. Ahl said the city is currently working on designing Legacy Parkway but he doesn't anticipate there will be parking on the street. Commissioner Pearson said with the smaller setbacks, walking trails and the narrower streets, he wondered how the snow removal would be taken care of and he asked if the trails would be maintained all year long? Mr. Ahl said the city has planned on five to seven feet of space for snow storage. He said the city is adding equipment and personnel to maintain the sidewalks. He said this is going to be a very active trail and the city will likely put the trails on the winter maintenance plan. Commissioner Pearson asked if there would be adequate space to plow the snow or would the snow have to be removed from the site? Mr. Ahl said he does not anticipate hauling snow out of the area. However, the city has not experienced a 60-inch snowfall with the new roundabout and therefore, they have not had to haul snow away, but if the city incurred a large snowfall the snow would then have to be hauled away. Mr. Carlson said the responsibility of the snow removal for the townhouse site and the private streets and walks within the area would be for the townhouse association. There could be a stipulation with the approval of the townhouse development that the association will maintain those sidewalk connections so they can function as a connection to the public trails. Planning Commission Minutes of 07-07-03 -6- Commissioner Dierich asked for clarification regarding whether or not this is the last time the planning commission would see the senior assisted living building as well as the townhomes? She said she has some concerns regarding the proposed parking. Ms. Coleman said no this plan would not come before the planning commission again but the community design review board would review the design and parking plans. Commissioner Dierich said in her opinion as a professional in the senior care field the parking situation for the senior assisted living is not very good. She would like the parking to be built at the far end of the building and leave the other end open straight to the pond. She asked why there were so many parking spaces if there would only be 58 people that could drive assuming residents on the first and second floor would not drive? She said it says there are three floors for the senior assisted living building plan although she counted four floors shown on the plan. She counted 58 units of independent living, 29 units for assisted living, and 10 units of the memory impaired, and some seniors on the first floor. Mr. Carlson said there is exterior parking as well as parking under the building. He said the amount of parking seems reasonable to him for this type of facility. He said the Hartford Group may have more specific parking standards or expectations. Commissioner Dierich said in her opinion there is way too much parking. She said not including the exterior parking spaces she counted 67 units of parking underneath the building. She asked since the staff is not going to be living on the property she wondered why there were not less parking spaces and more green space? Mr. Carlson said maybe the Hartford Group could clarify that because he's not sure how many staff members would be working on the site. Commissioner Dierich said because there will be memory impaired seniors living on the main floor this area has to be fenced on the corner of Legacy Parkway and Kennard Street. The memory-impaired seniors could get outside and there should be an open feeling to this building without it being a dangerous situation. She said since assisted living is not state licensed because it is a local ordinance the city needs to make sure that the fencing occurs. She asked how people would get to the trail on the other side of Hazelwood? Is the city or the developer going to put a bridge in for the people to get over to the other side? Mr. Ahl said the plan for County Road D is to remove the railroad tracks and eventually there will be a bridge across. He said he anticipates there will be a switchback connection to the Bruce Vento Trail. He said the city is working hard and making very good progress working with the railroad company to get the railroad abandoned. He said the only need for a bridge would be for a trail bridge and the city is working with the county to do that. Commissioner Dierich asked once County Road D is realigned how much traffic would be anticipated on Hazelwood? With the diminished setback for the townhomes on Hazelwood and if Hazelwood experiences the same amount of traffic that they experience now, she said she would not want to be the people living in the townhomes facing Hazelwood with a five foot setback. Planning Commission Minutes of 07-07-03 -7- Mr. Ahl said he does not have specific traffic count numbers but Hazelwood and County Road D will be a busy intersection. However, the traffic engineers say there is not enough traffic there to justify a traffic signal in the short-term ten-year period. He said the city is anticipating a traffic signal at Kennard and County Road D. Once County Road D is realigned, much of the traffic will travel on County Road D and on Kennard taking some of the traffic off of Hazelwood. Commissioner Dierich asked if the traffic noise would be screened for the townhome residents? Mr. Carlson said there would be some landscaping and trees but thero would be no fence or large hedge shown screening that area. Commissioner Dierich asked if they anticipate most of the hospital traffic coming in from the Beam Avenue side rather than from the County Road D when the road is realigned? Mr. Ahl said the city is working with the hospital to make a connection from Saint John's Boulevard to Kennard and the city thinks Kennard and Beam Avenue will serve as a direct access to the area, this change should reduce some of the traffic that is currently on Hazelwood. Commissioner Dierich said on page 11, item q., number ii. She asked if the city is comfortable with the 26' curb to curb parking on the side of the street? In her neighborhood she has 28', which is very tight to maneuver cars around. Mr. Ahl said as a private street moving through a narrow area is fairly standard and the City of Stillwater is experimenting with a much narrower space. A typical parking space is 8-to-9 feet and with an 8 to 9 foot driving lane you get up to a 26' space, which is acceptable. Commissioner Dierich said that space seems tight with the size vehicles people are driving these days. Mr. Carlson said these are townhomes and not individual homes with driveways. When they get down to locating where those parallel parking spaces are if there is a private driveway coming out they can require no parking immediately opposite that area. Commissioner Desai asked if the multi-family units are were left out of the rental home proposal? Mr. Carlson said that parcel would be sold and developed in the future by somebody else. He is not sure if Hartford will develop the multi-family site in the future or sell it to someone else but it is not part of the current plans to get underway this season. Commissioner Desai asked if the rental townhomes would have work force housing? Mr. Carlson said work force housing is not part of the Hartford Group's plan. Commissioner Desai said at the group planning commission and city council meeting the proposal was made to spread work force housing throughout Legacy Village and now it sounds like that is not happening. Mr. Carlson said the Hartford Group representatives could explain why that is not in the plans. Ideally work force housing is something they would like to see. Planning Commission Minutes of 07-07-03 -8- Commissioner Rossbach said commissioner Dierich had asked how people would get across the road to the trail and he did not hear a clear answer. Mr. Ahl said while there would not be a traffic signal at County Road D and Hazelwood but there will be a stop condition for Hazelwood and there will be crosswalks when crossing to the trail. Chairperson Fischer asked the applicant to address the commission. Mr. William Griffith, Jr., Attorney representing the Hartford Group, Inc., 7900 Xerxes Avenue South, Suite 1500, Bloomington, addressed the commission. Regarding the corporate use of the site, it is the intent of the Hartford Group to seek a corporate use for that location if one is available in the market place. They have brokers assigned to that task and early last fall they had a corporate prospect but that fell through. The Hartford Group would like to find a corporate user but currently there is a 20% building vacancy rate so it may be difficult to find a tenant due to the vacancy rate. It would be ideal to scatter the workforce housing, however, because these projects are financed independently of each other unless there is a city subsidy of the townhome units, Hartford cannot afford to bring workforce housing to this area. Hartford set aside a site to use for workforce housing and are looking at an affordable townhome design for workforce housing. The key to making this work is to have a good architectural design and make sure that it is connected to the trails. However, since Hartford is only at the concept stage this idea would come back to the planning commission for review. Mr. Griffith said most of the parking at the senior housing facility is below the building. He said Hartford would like to have some parking spaces adjacent to the pond and trail so people can access the park and enjoy the area. The Hartford Group will discuss the need for an appropriate reduction in parking spaces with city staff. Hartford did look at parking from the city and national code experience standpoint and think it's a good balance. The memory impaired units for the senior assisted living facility would be a separate wing of the facility on its own floor and courtyard. It angles away from the street so that the memory care center can be managed differently then the rest of the facility. He assured Commissioner Dierich that the concern of the memory-impaired residents has been addressed in the design of the building. Commissioner Dierich asked how licensing will be handled? She asked if it would be boarding and lodging or would it be for nursing care as well and will there be a nursing staff there or just a food staff? Mr. Griffith said those details have not been decided yet. He said it would not include nursing home care but there would be services such as food service available and staff would be coming in to provide care but he does not believe that other then the memory care that the facility would be fully staffed. Commissioner Dierich said she would strongly recommend that the parking be removed from the memory impaired care wing and decrease the amount of parking for the facility. She also asked if the city knows if there is a need for care beds in the city or not. She spoke to somebody at the state and they said they have no idea if the need for assisted living matches what the city is building. She said the state is closing a lot of nursing homes and opening assisted living care because of the financial gain rather than having a nursing home beds. Commissioner Dierich said because the senior assisted living would be rental, she asked if they anticipated the beds being full, will there be swing beds, or will there be vacancies? Planning Commission Minutes of 07-07-03 -9- Mr. Griffith said Hartford does a careful market analysis with each phase of the development. They want to make sure there is a good market demand so the project can be financed. They had research done before they added the senior assisted living building to this project and as they talk to different operators that will either affirm or question the design and approach. Mr. Griffith said Hartford wants to make sure they have senior, independent, assisted care and memory impaired care in one building so that people feel that when they move in they won't have to move to another facility in the near future. Commissioner Dierich asked if there was a possibility that the number of rooms or beds would change over time? Mr. Griffith said yes. Chairperson Fischer asked if anybody else in the audience wanted to speak regarding the Legacy Village proposal? Mr. Gerald Peterson, 3016 Hazelwood Street, Maplewood, addressed the commission. He said he had several questions and issues to discuss regarding the Legacy Village. He would like to see some restrictions added when the construction starts that Hazelwood Street is off limit to all construction vehicles. He knows this development will take several years to build and he has no plans to have construction trucks driving back and forth in front of his house. He thinks Kennard Street, Southlawn and County Road D should absorb the construction traffic and stay off of Hazelwood Street. He said regarding the construction hours Monday through Saturday 7 a.m. to 7 p.m through previous construction that had occurred over the past 6 years he would like to see businesses be penalized for breaking the construction hour rules. There could be a per complaint two-to-five day work stoppage so that there would be no construction allowed. He does not know what the penalty is for working before and after the work hours but from past experience nothing ever happens to the companies and its workers. Therefore, he would like to see the workers be held accountable from not working for several days with no pay which would put pressure on the people in charge if their workers can't get paid and can't work. The police don't have time to patrol the construction hours there and he personally doesn't want to be calling the city complaining that workers are working before or after the posted work hours. To penalize a company a few thousand dollars on a multi-million dollar development isn't much of a penalty to pay or make much of a big impact on anybody and they the workers just go back to breaking the rules. He would like to see a restriction put on the lighting on the buildings so people don't have to have lights shining into their homes, his house gets lit from the people across the street from him. 4. He appreciates the sidewalks that will connect the properties, but whatever happened to the sidewalk at Cardinal Pointe that was never built for the residents to go north and south? Planning Commission Minutes of 07-07-03 -10- Ms. Coleman said the city will be very aware of the lighting concerns when the townhouse proposal comes in for outlot H. Regarding hours of construction and the ordinance and penalties associated with violating the noise ordinance, she doesn't believe that is within the reach of a conditional use permit to attach civil penalties. That would be handled through the city attorney and the police department and is not within the scope of the planning commission. Mr. Ahl said the city would put the restrictions in the specifications for the contractors and their access routes. That is something that can be done for public projects and the city has restricted truck traffic on a number of occasions due to private construction activities. He said depending on how this gets phased out, and where the contractors come in, he does not anticipate a significant problem with construction traffic on Hazelwood. Construction vehicles would need to come in the Kennard Street entrance. He said he would check into the sidewalk issue in front of Cardinal Pointe and find out why it was not completed. Mr. Roberts said the condition he remembers was that the sidewalk had to go south to the Freedom gas station but there wasn't a need to run the sidewalk to the north because it did not go anyplace or connect with anything. He said maybe as the street gets reconstructed and there would be a connection to the Bruce Vento Trail there may be a need to run the sidewalk to the north. Commissioner Rossbach said he would think it would be a good idea to look the conditions over because he believes that is a bituminous trail and he recalls the road was going to be ripped up so why have the sidewalk put in. Mr. George Supan, 3050 Hazelwood Street, Maplewood. In the past the issue of construction taking place before and after the work hours was brought to the planning commission and the city council and there was little or no restriction placed on the projects until many, many phone calls were made personally to the Mayor of Maplewood, so it is a major concern of the residents in the area. Finally the companies consented and stopped working at 7 p.m. and then would not start their construction engines until 7 a.m. Mr. Supan said another concern of the residents other than the construction noise is the dust. In the AUAR it identified dust control would be taken care of. He sent in a notice asking for specific requirements for dust control and was told it would be taken care as more meetings took place but he never heard anymore about dust control. When Cardinal Pointe was put in the residents received consent from the developer that the developer would pay for cleaning their homes because of the dust and dirt. But when it came time to clean their homes the developer said they could not take care of that. He is concerned that the residents get commitments from the developers and then the developers back out. This is a point where the residents ask the questions and get the city staff's input. Their concerns are documented stating that these are conditions that should take place and should be required by the developer in the future. The conditional use permit is being granted and the residents feel these requests should be recorded and be required by the developer and the residents should be taken care of. He also has concerns regarding the pond to the north of the residential area. The residents have identified that the ponds as they are planned now will be built higher than the basements of the homes along that area. Planning Commission Minutes of 07-07-03 -11- Mr. Supan said the ponds are included in the Legacy Village plans and the residents that still live there have a concern that their basements may get water in them. This will remain a concern of theirs as long as they live there. He said if they are offered and accept a deal to move, then them is no longer a concern by the residents to be concerned about. Mr. Supan said they have to voice their concerns before the ponds are built because once the ponds are put in it will be too late. The pond and holding area for Cardinal Pointe across the street from the residents was supposed to be a 24-hour holding pond and it became a pond. He said engineering agreed it was supposed to be a 24-hour holding pond and had to go in and reconstruct the pond. It is still a pond, which contains dust, dirt is not appealing and the city still has not changed it. If the city allows the ponds to go in and they are not taken care of from a mosquito and controlled standpoint the ponds become undesirable. With water conditions the city has with once in a 100- year rains that happen every five or ten years there will be the potential of flooding in that area. Mr. Supan said, for the record, if the city allows this pond to be built the city would be responsible for damage done to these homes because the residents have identified the issues to the city. Mr. Supan said in the original plans for Cardinal Pointe the sidewalk was to go from the northern entrance all the way through the front of the building including the south entrance and down to the gas station. However, the area in front of the building was never completed and the city staff should check the records. He thinks the Hartford Group, the designers, and the city have done a nice job designing the plans for Legacy Village. Everyone has helped the residents with their concerns and most of their concerns have been addressed with the design of Legacy Village. It will be a very nice development and the compliments go to everyone involved. Ms. Ruth Wilm, 3740 Oakrid§e Lane, White Bear Lake, addressed the commission. She feels a strong connection to the area that is being developed. She saw a squirrel coming towards her house and she noticed it had something in its cheeks. She realized it was a baby squirrel in the mothers' mouth and she was carrying it to the nest. That is kind of how she feels about this property. It goes back to five years ago when she realized the property was for sale. She has delusions of grandeur and thought she would call Oprah and get some money to buy the property and turn it into what she wanted it to be. But as an adult she realized that eventually the property would be developed. She realizes the city does their job just like mothers with kids. She looks at this development knows its pretty, has winding paths, archways, and ponds but what does it have for teenagers? That has been her concern for five years now. She has a ten-year- old daughter and a 12-year-old son and there is nothing for kids like them to enjoy. If you're not rich and you can't afford to belong to the YMCA or the community center there is nothing for the teenagers to do. There are the lakes but they are polluted and are filled with chiggers. She would like to see the communities work together to do something for the teenagers. Commissioner Rossbach asked Ms. Wilm what she would like to see for the teenagers? Ms. Wilm replied she wants tons of public swimming pools for all the kids. She is tired of seeing kids getting chigger bites and everything else. When she grew up in Illinois they had a place called Teen Town which was a building with two floors with a dance floor, bathroom and coat check, concessions and a pool hall and it was a safe place to hang out. Maplewood could have a skateboard park in Legacy Village, bike paths, and swimming pools and the whole nine yards that kids like. This is what she envisioned and it would be for the surrounding communities and it would draw their parents to the Maplewood Mall. Planning Commission Minutes of 07-07-03 -12- Chairperson Fischer asked if there was anybody else in the audience that wanted to address the commission regarding the Legacy Village? Nobody else came forward. Commissioner Rossbach asked about the comment on page 46 under protection areas. He wondered about the comment that says City staff will also be requesting that the developer provide a description of how vegetation removed from the site will be disposed of and he asked why the city would be concerned about that? Mr. Ahl said these things were identified with the AUAR and the soils chemistry in the area. The dirt disposal is pretty basic and the city has some conditions that go into a development contract for testing the soils should there be underground leaking. Secondly, if any trees are cut down the city does not allow burning on site so the trees would need to be removed off the site and any hazardous materials that may be discovered on the site would also need to be removed. Commissioner Rossbach said on page 53, in number 27., under compatibility with plans, it reads: the city has enacted a policy to "Use Planned Unit Developments whenever practical in both Commercial and Residential areas". He wondered who determines when it is practical? Ms. Coleman said she knows the language to the holding areas is in the comprehensive plan and taken from the document. When the Hartford Group first came to the city and they started talking about the comprehensive plan and the densities that were allowed, the city has not done this type of thing before. The city has never had the request to calculate commercial land as part of the overall density before, nor will the city have this request again because of this unique property. In the comprehensive plan under the R-3H zoning it allows 10 units per acre for townhomes all the way to 16 units per acre for apartment projects. Ms. Coleman said when they began the discussion about the 80 acres with the Hartford Group and began looking at the whole 80 acres as a whole they thought it was one whole planned unit development. Ms. Coleman said without the commercial land being thrown in the mix them would 14 dwelling units per acre of the residential land. If you include the commercial land in the mix it goes down to 10.8 units per acre. The city staff did not think about the baseline question brought up by commissioner Rossbach and she thinks it is a good question. When they start land use planning for the property west of Legacy Village they will have to think about that issue. She thinks the city is within the confines of the comprehensive plan and how it was set up. The underlying comprehensive plan was business commercial and that is how the city staff got there. Commissioner Rossbach asked who decides when it's practical to use a planned unit development? Ms. Coleman said the city council makes that decision. Commissioner Trippler said Mr. Supan raised an interesting point about the ponds north of the existing residential neighborhood on Hazelwood Street. Ponds can be engineered and developed so they don't become a problem. He asked is there anything that provides a degree of protection to the residents if the engineering plan fails and water in the basements becomes a problem from those ponds? If there isn't protection can the commission put something in to protect the residents? Planning Commission Minutes of 07-07-03 -13- Mr. Ahl said the ponding for the entire area is something that is a joint investigation between the city and the developer. If something were to go wrong on the project there is professional liability coverage by the engineers. The property is required to be engineered because of the public financing that is on the property. There is a reliability requirement by the public funding being involved in this because the city requires registered engineers to design these ponds to make sure the ponds work properly. If the ponds don't work properly then there is a responsibility to make sure they work. Commissioner Trippler asked if something goes wrong and they get water in their basement the homeowners are responsible for bringing legal action against the city? Mr. Ahl said he would hope that it never gets to the point of a lawsuit. He said drainage situations happen and drainage patterns change and there is a responsibility to make sure the problem is corrected. He said those types of situations do occur in the city and that is the business they are in. He is confident that the pond will not cause any problems. Commissioner Pearson asked if the city is aware of the residents having any problems of water in the basement in the last 10 years before the proposed ponds are put in? Mr. Ahl said he is not aware of any residential water problems but he is meeting with the property owners next week and he will be sure to ask that question to the property owners. Comprehensive Plan Amendment Commissioner Rossbach moved to adopt the resolution on pages 67-68 of the staff report, approving comprehensive land use plan amendments for the proposed Legacy Village on the south side of County Road D between Southlawn Drive and Hazelwood Street. These changes are based on the following findings: This project would promote economic development that will expand the property tax base, increase jobs and provide desirable services. · It would provide a wide variety of housing types. · It would integrate development with open space areas, community facilities and significant natural features. · Adequate services would be provided for streets, utilities, drainage, parks and open space. · This project would provide attractive surroundings at which to shop, work and live. 1) The following parcels shall remain guided as BC Business Commercial: a. That portion of Lot 1, Block 1 comprising the office suites/clubhouse site, a roughly square area consisting of the first 265 feet south and west of the rights-of-way of County Road D and Kennard Street, an area of 1.61 acres; b. Outlot A- retail/commercial; c. Outlot C- furniture store; d. Outlot D - commercial; e. Outlot E - restaurant; and Planning Commission Minutes of 07-07-03 -14- f. Outlot G- corporate/commercial. 2) The following parcels shall be changed to Park: a. Outlot F- public park; and b. Outlot I - public park. 3) All other parcels shall change to R-3H High Density Residential: a. Lot 1, Block 1 - rental townhomes, except for the office suites/clubhouse site described above; b. Lot 1, Block 2 - rental townhomes; c. Lot 1, Block 3 - senior assisted living; d. Outlot B - multi-family; and e. Outlot H - for-sale townhomes; 4) The areas devoted to these three land use categories are as follows: BC - Business Commercial: R3H - High Density Residential: Park Total: Commissioner Pearson seconded. 19.23 acres 43.68 acres 13.64 acres 76.55 acres Ayes- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler All Conditional Use Permit (CUP) for Planned Unit Development (PUD) Commissioner Rossbach moved to adopt the resolution on pages 69-79 of the staff report, approving a conditional use permit for a planned unit development for the proposed Legacy Village located on the south side of County Road D between Southlawn Drive and Hazelwood Street. Approval is based on the findings required by the code and subject to the following code requirements: · All construction shall follow the site plan that the city stamped June 12, 2003. The Director of Community Development may approve minor changes. · The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. · The city council shall review this permit in one year. Approval is also subject to the following conditions: 1) Rental Townhomes and Office/Clubhouse: a. The project will be constructed according to the plans from Hartford Group dated 6/2/03 in all details, except as specifically modified by these conditions; Planning Commission -15- Minutes of 07-07-03 bo A sidewalk will be provided continuously on the north or west side of Street A between Kennard Street and Hazelwood Drive, including the segment between the office/clubhouse parking lot and townhome buildings 11 and 12; c. Sidewalk connections will be added connecting the power line trail to the curb of Street A opposite townhome buildings 6 and 8; d. The sidewalks serving the fronts of townhome buildings 13, 16, 17, 18, 19, and 20 will be extended south to connect with the power line trail; eo Street B and Street C serving the townhomes will be constructed in their entirety with the townhomes, regardless of the status of the multi-family and commercial parcels to the east; Parking spaces will be provided at the ends of the driveways at the rear of buildings 1,2, 3 and 4; 15/16; 19/20; 21/22; or 25/26. Sidewalks will be provided from those parking spaces to the front sidewalks of each building; The infiltration trenches on the south sides of buildings 13/14, 15/16, and 19/20 will be modified to accommodate a revised alignment for the power line trail, provided that reasonable grades are provided for the trail and any sidewalks connecting to it, and approval of the city engineer concerning the size and function of the trenches; ho A 6'-wide sidewalk should be provided if at all possible on the south side of County Road D for the entire length of the project from Hazelwood Drive to Southlawn Drive, through continued discussion between the city and Hartford, focusing on exact sidewalk width, location, and right-of-way needs for turn lanes and other features of the County Road D project; A sidewalk will be provided on the south side of County Road D, and sidewalks will be provided out to that sidewalk from the north side of buildings 1,4, 21,22, 23, 24, and 25, as well as to the clubhouse front entry and the clubhouse parking lot; j. The grades of the power line trail and all sidewalks will meet ADA guidelines for slope; k. Overstory trees will be planted along both sides of Street A at an average of 30'-40' on center instead of the average 70' spacing shown on the plans; Overstory trees will be planted along both sides of Street B and on the west side of Street C at an average of 30'-40' on center instead of the sometimes 100' spacing shown on the plans, such additional tree islands to be coordinated with modified parking bays that might be added to this street; mo Overstory trees will be planted along both sides of Kennard Street in front of the townhomes at an average of 30'-40' on center instead of the average 50'-80' spacing shown on the plans; n. The curve in the middle of Street A opposite buildings 10 and 12 will be flattened as much as possible to limit headlights aimed into the front of the units; Planning Commission -16- Minutes of 07-07-03 Front building setbacks (clubhouse and buildings 1,4, 5, 14, 15, 21,22, 23, 24, 25, and 26) to Hazelwood Drive, Kennard Street, and County Road D that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan, down to a minimum of 5' for the clubhouse and 15' for the townhome buildings, in order to enhance the urban character of the streets and intersections; p. Side yard building setbacks for all buildings that are less that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan; q. Visitor parking spaces for the rental townhomes will be added or modified as follows: Parking spaces will be added so there is a total of at least 48 spaces on the west side of Kennard and at least 51 spaces on the east side of Kennard, such that the front door of no unit is more than 200 feet from a group of at least 5 spaces; ii. Street A will be widened to 26' curb-to curb and on-street parallel parking will be added along the north and west sides of the street except for within 100' of the pavement of Hazelwood Drive and Kennard Street; iii. The private drive immediately south of buildings 2 and 3 will be widened to 26' curb-to curb and on-street parallel parking will be added along the north side of the drive; iv. Parking areas will be added behind buildings 1 and 4 where the driveway abuts the ponding area, consistent with the recommendation of the city engineer on providing adequate grading and functioning of the pond; v. Parking areas will be added behind buildings 15/16, 19/20, 21/22, and 25/26 to meet the parking and distance criteria cited here; vi. Street B will be widened to 26' curb-to-curb and parallel parking will be added along the north and west sides of the street, or additional angled parking will be added to meet the criteria for parking spaces cited here; The parking lot for the clubhouse/office building will be modified to add "proof of parking" spaces in the green area north and east of the swimming pool, for a total of 91 spaces possible in the lot. Such spaces will only be constructed if the owner believes they are needed, or if they are needed in the future to address parking problems at the building in the opinion of the community development director, who can order the spaces to be constructed. Such spaces will maintain a sidewalk connection between the swimming pool and clubhouse building in an island in the middle of the parking bays as shown on the plans; s. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. Planning Commission -17- Minutes of 07-07-03 2) Senior Assisted Living: Front building setbacks to Kennard Street and Legacy Parkway that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan, down to a minimum of 5', in order to enhance the urban character of the streets and intersection; b. Emergency exits - two fronting Kennard Street and one fronting Legacy Parkway- will provide sidewalk connections to the sidewalks on the street; c. A sidewalk connection will be provided near the south side of the building connecting Kennard Street to the path around the pond to the east; d. The entry at the far south end of the building will provide a sidewalk connection to the sidewalk noted above; e. The emergency exit on the southwest face of the building near the south end of the building will provide a sidewalk connection to the sidewalk noted above; f. The emergency exit on the south face of the northeastern leg of the building will provide a sidewalk connection south to the sidewalk abutting the parking lot; Overstory trees will be planted along the east side of Kennard Street and the south side of Legacy Parkway at an average of 30'-40' on center instead of the average 80'-100' spacing shown on the plans; h. Revise the site plan to show proof-of-parking to reduce the amount of surface parking. 3) Multi-Family Site (Outlot B): ao The multi-family site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use of the property is allowed as long as the provisions of the R-3A or R-3B zoning district (depending on the building size) and conditions outlined here are met; b. The multi-family site is approved for up to 50 units of housing; c. A building corner should be within 30' of the curb on the roundabout to maintain the character of the intersection; d. The building or buildings must be designed to continue the general pattern and sight lines of the townhomes to the west; e. Sidewalk connections must be provided to the power line trail on the south side of the parcel; Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200' from the front door of any unit if townhomes are built, or the front entry of the apartment building if apartments are built; Planning Commission -18- Minutes of 07-07-03 g. A play area or tot lot must be provided on site with easy access to the building entries and to the power line trail, within reasonable sight of as many of the units as possible; h. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; i. Overstory trees must be planted along the north side of the extension of Street B at an average of 30'-40' on center; j. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 4) Retail/Commercial (Outlot A): The retail/commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building(s) on the retail/commercial site should be sited on the north side of the parcel within 15' of the County Road D right-of-way with all parking to the south; The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; Access to the site will be off the east leg of the roundabout and another access drive off Street C between the roundabout and County Road D; and to County Road D at a shared driveway with the adjacent furniture store site; f. All ground-mounted and roof-mounted mechanical equipment will be completely screened according to ordinance; g. Overstory trees must be planted along the south side of the extension of Street B at an average of 30'-40' on center. Adequate separation, buffering and screening must be provided from the multi-family residential units to the front door, parking areas, loading areas, and mechanical equipment of this commercial building; 5) Furniture Store (Outlot C): The furniture store is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; Planning Commission -19- Minutes of 07-07-03 The building should be sited on the north side of the parcel within 15' of the County Road D and Southlawn Drive rights-of-way with all parking to the south. The design of the corner of the building should be such that reasonable and safe sight distances are maintained at County Road D and Southlawn; The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; Access to the site will be off the extension of the east leg of the roundabout, to County Road D at a shared driveway with the adjacent retail/commercial site and up to two driveway accesses to Southlawn Drive at points to be approved by the city engineer; f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; g. Overstory trees must be planted along the west side of Southlawn Drive at an average of 30'-40' on center. ho Adequate separation, buffering and screening must be provided from the multi-family residential units to the front door, parking areas, loading areas, and mechanical equipment on the adjacent commercial parcels; 6) Commercial Site (Outlot D): ao The commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. One of the buildings on the commercial site should be sited close to the corner of Southlawn Drive and Legacy Parkway, within 30' of the Southlawn Drive right-of-way; The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city engineer; f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; Planning Commission -20- Minutes of 07-07-03 g. The parking lot on this site must provide through connections and cross parking easements with the parcel to the south (Outlot E); There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, Southlawn Drive, the path around the pond to the west, and to Outlot E. Such sidewalks must be separated from the parking lot - at curb level, not parking lot level; Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; j. Overstory trees must be planted along the north side of Legacy Parkway and the west side of Southlawn Drive an average of 30'-40' on center. k. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 7) Restaurant Site (Outlot E): The restaurant site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; c. The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings if present; do Access to the site will be off a shared driveway with the shopping center property to the south, provided easements and agreements can be reached with that property owner to provide such access. Access will be provided onto Southlawn if approved by the city engineer; e. All ground-mounted and roof-mounted mechanical equipment shall be screened according to the ordinance; f. The parking lot on this site must provide through connections and cross parking easements with the parcel to the north (Outlot D); There must be a sidewalk on the south side of the site connecting Southlawn Drive with the trail around the ponding area to the west. There must also be sidewalks connecting the building entry to the shared driveway on the south side, Southlawn Drive, and to Outlot D. Such sidewalks must be separated from the parking lot- at curb level, not parking lot level; Planning Commission -21- Minutes of 07-07-03 Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; Overstory trees must be planted along the west side of Southlawn Drive and the north side of the driveway access on the south side of the site at an average of 30'-40' on center. 8) Corporate/Commercial Site (Outlot G): The corporate/commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; The building must be sited close to the roundabout intersection on the corner of Kennard Street and Legacy Parkway, within 15' of both rights-of-way, to maintain the character of the intersection, with parking to the north and east of the building; The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings if present; Access to the site will be off Legacy Parkway and Kennard Street. The driveway access to Kennard Street at the northwest corner of the site may move north if needed for the realignment of the power line trail and to align with the driveway entrance to the park on the west side of Kennard; f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; g. There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, Kennard Street, and through the parking lot to the power line trail; ho Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; i. Overstory trees must be planted along the east side of Kennard Street and the north side of Legacy Parkway at an average of 30'-40' on center. Adequate separation, buffering and screening must be provided from the multi-family residential units to the front door, parking areas, loading areas, and mechanical equipment on the adjacent commercial parcels; Planning Commission Minutes of 07-07-03 -22- 9) For-Sale Townhomes (Outlot H): The for-sale townhome site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the R-3A zoning district and conditions outlined here are met; Townhome buildings must be sited close to the roundabout intersection on the corner of Kennard Street and Legacy Parkway, and close to Kennard Street, within 20' of both rights-of-way, to maintain the character of the intersection and the streetscape; The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings in the development; Access to the site will be off the west leg of the roundabout at Legacy Parkway and Kennard Street, plus another access to Kennard Street further south, most likely in a loop street through the site. If the properties west of Outlot H fronting Hazelwood Drive are likely to develop when Outlot H is proposed for development, then consideration will be given to a public through street connecting Kennard Street and Hazelwood Drive as an extension of Legacy Parkway; There must be sidewalks connecting entries to all buildings on site to Legacy Parkway, Kennard Street, and the park and power line trail to the north. Such sidewalks must be designed within a clear system of open spaces and landscaping that serves all units more or less equally; f. Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200 from the front door of any townhouse unit; g. Overstory trees must be planted along the west side of Kennard Street and along both sides of the major internal street(s) at an average of 30'-40' on center. 10) Public Park with Trail (Outlot F): The property will be deeded to the City as public park land, but will not be credited as land area in park dedication requirements. See Parks Director Bruce Anderson's memorandum in staff report. b. Hartford will construct all the grading, ponding, and trails noted on the plans; Hartford will secure all necessary easements and agreements with the shopping center property owner to the south for grading and construction of the trail on the south side of the pond (and the extension of that trail west around the south side of the senior assisted living building noted previously). Once agreed to, an easement at least 5' wider than the trail surface will be dedicated to the city for access and maintenance of the trail. Planning Commission Minutes of 07-07-03 -23- 11) Public Park (Outlot I): The property will be deeded to the City as public park land, but will not be credited as land area in park dedication requirements. See Parks Director Bruce Anderson's memorandum in staff report. b. Hartford will construct all the grading, play fields, equipment, and parking noted on the plans or as negotiated with the city; c. The power line trail will be realigned to cross Kennard Street further north to accommodate sidewalk connections to the townhomes to the north; d. Sidewalk connections will be provided in several locations to the power line trail in reasonable locations to connect all major activity areas with the trail; Sidewalk connections will be provided in appropriate locations to the sidewalk and green space system of the townhome development to the south, at such time as that development is planned or in place; Hartford will secure easements and agreements with the property owner to the south for the trail on the south side of the pond (and the extension of that trail west around the south side of the senior assisted living building noted previously). Once agreed to, an easement at least 5' wider than the trail surface will be dedicated to the city for access and maintenance of the trail. 12) The Legacy Village site as a whole: The applicant shall dedicate wetland-protection buffers around each wetland within this development. The width of each buffer shall be according to each wetlands classification as determined by the Ramsey-Washington Metro Watershed District. These buffers shall be dedicated to the City of Maplewood and shall be dedicated to the city prior to the issuance of the first building permit for this development. The applicant shall install wetland-protection buffer signs around each wetland buffer. These signs shall state "there shall be no mowing, cutting, filling or dumping beyond this point." c. The community design review board shall review the landscape plans using the criteria herein as a guide. d. The architectural plans for all buildings in Legacy Village are subject to the approval of the community design review board. e. The grading, drainage, erosion control, utility and roadway plans (public and private) are subject to the approval of the city engineer. f. The applicant shall meet the tree-replacement/tree-preservation requirements of the Maplewood Code of Ordinances. Planning Commission Minutes of 07-07-03 -24- g. The city will be strictly enforcing the 7 p.m. to 7 a.m. no-noise requirement and strictly enforcing dust-control efforts for all phases of this development. h. The applicant shall coordinate the installation of the sidewalk along the south side of County Road D alignment with the city engineer. Commissioner Monahan-Junek seconded. Ayes- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler Preliminary Plat Commissioner Rossbach recommended approval of the Legacy Village preliminary plat date-stamped June 12, 2003, subject to the following conditions: 1) Public street right-of-way will be dedicated for County Road D, Kennard Street, Legacy Parkway and Southlawn Drive as recommended by city engineering consultant Jon Horn in his memorandum. In addition, the applicant shall dedicate the necessary right-of-way for a sidewalk along the County Road D alignment, subject to the city engineer's approval. 2) Outlot f and Outlot I will be dedicated to the city for public park purposes as recommended and approved by the city parks director; 3) An easement over the power line trail will be dedicated to the city as required by the city engineer and parks director, and as modified by conditions of approval for the PUD; 4) Wetland buffer easements shall be shown around the wetlands on the site. The applicant shall dedicate these wetland buffer easements to the City of Maplewood. Commissioner Pearson seconded. Ayes - Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler Ayes The motion passed. This item goes to the city council on July 14, 2003. VI. NEW BUSINESS a. Liberty Classical Academy Conditional Use Permit (1717 English Street) Mr. Roberts said Ms. Kathy Smith, representing Liberty Classical Academy, is proposing to open an elementary school for up to 60 students. The proposed location for this school is in the existing Lake Phalen Community Church at 1717 English Street. To have the school in this location, Ms. Smith is asking that Maplewood approve a conditional use permit (CUP). As proposed, the school would lease three classrooms and the fellowship hall in the lower level of the church for their functions. They will have 3 full-time and 4 part-time staff and up to 60 students. Their goal is to have 20 students starting school in the fall. Commissioner Trippler asked if the rules were the same between a school and a chumh as far as noise generated? Commissioner Trippler asked when the city zones a piece of property for a church, are there things that are different if the city zoned it for a school for example? Planning Commission Minutes of 07-07-03 -25- Mr. Roberts said all schools and churches can be approved by a conditional use permit so each is treated the same but looked at on an individual basis as such the conditions for each are set by the city council. Commissioner Trippler asked why staff did not require a fence to be installed for the safety of the students? Mr. Roberts said he did not think the city required a fence to be installed at any other school and if a problem developed, through the conditional use permit review a fence could then be added. Commissioner Dierich asked if the sprinkler system is a requirement of the church and if that was going to affect the conditional use permit for the church? Mr. Roberts said the church does not have a conditional use permit because the church was them before CUP's were required. Commissioner Dierich asked if egress windows were required in the basement since it is going to be a school? Mr. Roberts said there are exiting requirements that deal with doors and hallways but the details are left for the building official and the school officials to work out. Commissioner Dierich asked if 2007 was the date the sprinkler system had to be installed and completed? She said that seemed an extensive time frame to have a sprinkler system complete for 20 children in that space. Mr. Roberts said in the applicant's letter on page 6 of the staff report they discuss the installation of the sprinkler to be started in 2006 and be completed by 2007. Commissioner Dierich asked if there was a chance the city could require the applicant to have the sprinkler installation done sooner for the safety of the children? Mr. Roberts said the fire marshal and the building official are requiring changes with door hardware and other items. He said the time frame of 2006-2007 is to have the church and the school space sprinklered to meet current code, so it is not just the school itself that would take that long to have the work completed. Chairperson Fischer said she read in the staff report that there was a school in this church years ago and she wondered if staff had any information about that school and why it was no longer there? Mr. Roberts said he would let the applicant address the issue of the former school. Chairperson Fischer asked the applicant to address the commission. Ms. Kathy Smith, representing Liberty Classical Academy, 1964 Price Avenue, Maplewood, addressed the commission. Chairperson Fischer asked the applicant if she had any concerns about the staff report? Planning Commission Minutes of 07-07-03 -26- Ms. Smith said no she did not. She said the school worked with the Maplewood Fire Marshal, Butch Gervais, on the sprinkler system and the fee of $20,000 to complete the sprinkler system is what is holding the work up from being completed. She said the school needed to collect more money in order to be able to afford the work to be done. She said they will be putting in a life safety system, which will be monitored outside of the school by the start of school. Mr. Roberts asked the applicant to comment on the previous school history. Ms. Smith said she recently found out there was a school there from 1978 to 1985 and if there are any questions regarding the school, the pastor and a former student are here to speak. Commissioner Trippler asked if the school has any plans to install a fence so the children don't run out onto English Street? Ms. Smith said the door to the school is the back door of the church, which leads to the open field area so they won't be entering or exiting the school from the front door which is why the fence is not an issue of safety for the school. Commissioner Desai asked where the children would be playing? Ms. Smith said the children will be playing outside but most of the time will be spent inside the school. Commissioner Desai asked what about playground equipment for the children to play on? Ms. Smith said there is not a playground at this time but they are waiting for approval from the city council before they put the money into that. She said the decision regarding what kind of playground and how much it will cost is between the church and the school. Commissioner Desai asked if this was a year-round school or would it be on the same school schedule as the public schools? Ms. Smith said their school would run on the same 36-week school schedule as the public school system. Chairperson Fischer asked if anyone else wanted to speak regarding the school? Pastor Bob Highley, Lake Phalen Church, 1717 English Street, Maplewood, addressed the commission. Pastor Highley introduced Allan Franz, a former student from the former school. Pastor Highley said the former school used the upstairs as well before code issues came up. There was an old playground setup on the south side of the property that has since been removed. Pastor Highley said the school closed down because of the financial burden on the church. There were six classrooms with approximately 15 students per classroom for grades K-8. Commissioner Pearson moved to adopt the resolution on pages 16 and 17 of the staff report. This resolution approves the conditional use permit for the Liberty Classical Academy to operate a K-8 school in the church building at 1717 English Street. Maplewood bases this permit on the findings required by the code and subject to the following conditions: (deletions have a strike through them). Planning Commission Minutes of 07-07-03 -27- The school use shall follow the plans dated June 6, 2003, as approved by the city. The director of community development may approve minor changes. The proposed school must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 2. The school shall have no more than 60 students. The property owner or manager shall sweep and stripe the parking lot before the school occupies their space. This shall include having two handicapped parking spaces in the parking area west of the building near the entrance to the school space. The school, the church, the fire marshal and the city building official shall agree on a plan for the school and the church to make the required life safety and building improvements to the building. This plan shall include the installation of: 5. The required fire protection (sprinkler) systems. a. An early warning fire protection system (smoke detection and monitoring). b. Additional emergency lights and exit signs (if necessary). c. Updated doors and hardware. d. The necessary changes to meet the handicapped accessibility code requirements. e. A proper address on the building. f. Any other changes the fire marshal or the building official deem necessary. g. The city council shall review this permit in one year. Commissioner Monahan-Junek seconded. Ayes- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler The motion passed. This item goes to the city council on Tuesday, July 22, 2003. b. Gruber's Power Equipment (1762 White Bear Avenue) Mr. Roberts said representatives of Gruber's Power Equipment at 1762 White Bear Avenue are proposing to purchase .258 acres of land from the adjacent Junior Achievement property at 1800 White Bear Avenue in order to expand their exterior storage area. Gruber's also wants to construct a 10-foot 10-inch high metal fence to screen the expanded storage area. Mr. Roberts said the difficulty that city staff has with Gruber's requests is that they are compelled and bound to support the city council's goal for the redevelopment of this neighborhood as well as uphold the adopted ordinances of the city. Mr. Roberts said approving the applicant's land use requests would not do that. In addition, it is staff's opinion that Gruber's site is fully developed. The expanded exterior storage area would help alleviate immediate storage needs but it would not address the parking shortages on the site. For these reasons, staff does not support Gruber's proposed exterior storage expansion. Planning Commission Minutes of 07-07-03 -28- Commissioner Trippler asked if there was any discussion about extending the fence due east and put a gate on the back of the fence for the loading and unloading of equipment and eliminate the five-foot variance? Mr. Roberts said the applicant was proposing to extend the fence along the new east line with a gate and a new access point. They also wanted to expand the fence farther north, which is where the partly constructed fence is. Commissioner Trippler asked if the planning commission and city council were to deny the applicant's request, would the city require the applicant to remove the fence because the fence posts are cemented in? Mr. Roberts said yes. Commissioner Dierich said it appears staff's issue is to use this building as a test case for the future Hillcrest Redevelopment Area. She hates to have Gruber's pushed out of the City of Maplewood. She asked what the city plans on doing to assist these companies to find alternative locations if they are unable to expand their businesses? She asked if the applicant can request to have covered storage rather than outdoor storage and ask for a building permit so they would not need these variances? Mr. Roberts said there are a few alternatives. One alternative is Gruber's would have to operate without any changes until such time that the city could put together a fund that would help businesses relocate to another part of Maplewood. He said a short-term alternative for Gruber's is to expand to the east although the parking shortage and unsightly fence is still an issue. Mr. Roberts said because Gruber's has outgrown their space the storage of tractors and large power equipment is an issue. Storing tractors in the front of the building is an eye sore and Gruber's has stated if they can't store their supply on site it makes it difficult for them to sell the product. Commissioner Dierich asked if the city could grant a CUP and time limit the CUP so that it would temporarily solve Gruber's problem but yet at the same time it would solve the city's problem? She said with a CUP the city could require the site to get cleaned up. Mr. Roberts said that is an option. But he stated how does someone make a fence that large look nice? He said the city wants to work with the businesses in Maplewood. The city has done a CUP with a time limit on it before and that puts the company on notice to find another location. Commissioner Dierich asked if there have been any problems at the site or complaints from the neighbors? Mr. Roberts said staff did not do a neighborhood survey but has not received any telephone complaints from the neighborhood either. Mr. Roberts said he believes the fence is to hide their supplies and is for security as well. Chairperson Fischer asked staff what constituted a subdivision verses a lot split? She said the city is talking about two lots that are already two lots and then also moving the property line and this did not fit her idea of what a typical subdivision was. Planning Commission Minutes of 07-07-03 -29- Mr. Roberts said under the city subdivision code in chapter 30 it states a subdivision means a separation of an area, parcel or tract of land into two or more parcels. He said Junior Achievement is dividing their property into two pieces, one large parcel to keep and a small parcel to sell to Gruber's. Chairperson Fischer asked staff if the city would allow a lot split under the moratorium? Mr. Roberts said the city has not allowed lot splits in the past. He does not think that was the intention because the city requested that no change occur until the new ordinance was written and the moratorium was completed in October 2003. Chairperson Fischer asked staff where does the fence go from 10-feet high to 10-feet 10-inches high? Mr. Roberts said the applicant could answer that. Commissioner Desai said problem started between Gruber's and the city in December 2002. He asked if any progress was made towards some type of compromise between Gruber's and the city and were there any alternatives? Mr. Roberts said he is not aware of any discussion but if there were, it would have been between Ms. Finwall and Gruber's. He said he is confident Ms. Finwall would have mentioned that in the staff report. He said Gruber's started building the fence and the building inspector put a stop work order on the fence because the applicant did not have a permit, the city staff started reviewing this site and discovered there were other issues that needed to be addressed and it has taken this long to get to this point. Chairperson Fischer asked the applicant to address the commission. Mr. Matt Gruber, Gruber's Power Equipment, 1762 White Bear Avenue, Maplewood, addressed the commission. Mr. Gruber said due to the storage problem on the property it makes it difficult to run their business efficiently. He said the 10-foot 10-inch metal fence may be unsightly but the wood fence is unsightly and did not serve its purpose and the holes in the fence had been patched several times. He said with their wood fence Gruber's has had theft of property occur because people have removed or broken the fence and steal the tractors or power equipment off the property. He said in order to keep the top edge of the metal fence level because of the slope of the parking lot they built the range of the fence height from 10 feet in height to 10 feet 10 inches in height. He said Gruber's explained to staff that they could lower the metal fence to 10 feet high, however the fence will be a different height because of the slope on the property, therefore the top edge of the fence will no longer be a straight edge. Mr. Gruber said he knows the tractors sitting outside the property are an eyesore and Gruber's would like to move those tractors to the rear of the storage area to take care of that problem. Mr. Gruber said they are trying to improve the image of Gruber's and take what they have and make it better. Mr. Gruber said Gruber's would like to reface the exterior of the building and they know because of the moratorium and the Hillcrest Redevelopment plan they cannot make any changes. He said Gruber's business should not have to be on hold because the city doesn't know when this redevelopment will happen or if there will be funding for it? Planning Commission Minutes of 07-07-03 -30- Mr. Gruber said consumer expectations are higher than ever and with Northern Hydraulics and Home Depot down the street it makes it hard for businesses like theirs to stay in business if they can't store their tractors and power equipment on site. He said the lease agreement between Gruber's and Junior Achievement has a sixty-day termination clause if either party wants to cancel the lease. He said Junior Achievement expressed to Ms. Finwall that Gruber's could work on the Junior Achievement property and a longer lease agreement can be worked out. He said Gruber's wants to know what they can do to make this process move forward? Mr. Gruber said on October 25, 2002, there was a stop work order posted on the site because they did not get a fence permit. He said in the past fifteen years they have had 3 fences installed and all 3 fences were required by the City of Maplewood. He said first the city wanted a chain-link fence and then the city wanted it to be opaque so Gruber's had to have the fence slotted, then the fence was unsightly so Gruber's put a 6-foot high wood fence up. Gruber's tried to patch the fence and that became unsightly. He said now Gruber's built the metal fence and this fence is too high. He said in the fifteen years that the fences were required by the city Gruber's was never required to have a fence permit before and therefore, they did not think they needed a permit for the metal fence but now this fence is too high. He said their sanitation is in front of the building and that would be moved to the back of the building. He said there has been theft and vandalism of the equipment and they are trying to make the business more secure and improve the appearance. If the city is going to redevelop and change the area, and the city does not have a time line, is it fair for the city to stop Gruber's from going on with their day-to-day business? He said they feel they have earned their place in Maplewood and to make their business better and to stay there. Commissioner Trippler asked why Gruber's moved the fence up to the parking lot and didn't extend it to the east and have a gate for loading and unloading the equipment from the east? Mr. Gruber said that is part of the fence design. There will be two openings, one opening on the north side and one on the east end of the lot, which is where they plan to load and unload their supply to get the trucks off of White Bear Avenue. Commissioner Trippler said he did not notice the gate openings on the plans. Mr. Gruber said he submitted the plans to Ms. Finwall, which showed the gate openings on the survey and drainage plan. Mr. Roberts said on page 13 it shows one gate on the east side but not on the north side of the fence. Mr. Gruber said the important gate opening is the east opening, if the north side gate does not get granted then so be it. Commissioner Desai asked Mr. Gruber if he and the city have had a discussion regarding a compromise considering the moratorium is in place and how Gruber's could make their business grow in the same location such as with off-site storage. Mr. Gruber said they have off-site storage in Stillwater. To run their daily business they have to have inventory in stock and it is very difficult to have to drive back and forth to their storage facility everyday. Planning Commission Minutes of 07-07-03 -31 - Mr. Gruber said it would relieve some of the pressure of having to move eight tractors out from storage in the back just to get one tractor out if they had better and more efficient storage space. Mr. Tim Greinert, President, Junior Achievement, 1800 White Bear Avenue, Maplewood, addressed the commission. After nine months he feels obliged to make a few comments regarding Gruber's Power Equipment. He said regarding the parking issue, Junior Achievement owns most of the available parking in that area that they lease to Gruber's. Their parking lot gets used frequently without lease agreements or permission and they are appreciative of Gruber's leasing the space from Junior Achievement. He said there are cars parking in their lot without permission all the time. They have cars parking there from the health care facility across the street and vendors have parked their trailers in their parking lot. He said if lengthening the lease agreement would facilitate things for Gruber's Junior Achievement would be happy to do that if necessary. Regarding the five-foot setback, where the fence goes is very negotiable, and Junior Achievement is happy to remove some asphalt if that is what needs to happen. He said Junior Achievement as part of their lease agreement with Gruber's has stated that the fence should be high enough to hide the inventory, the green barriers stay in place, and on the east side there are some tall pine trees that help hide the fence. Gruber's has also agreed to replace trees and shrubs to help conceal the fence. Mr. Greinert said Junior Achievement would like to go on the record stating they are very flexible and negotiable to work out a settlement with Gruber's and the city. Commissioner Pearson asked if Junior Achievement would be interested in a longer-term lease agreement with Gruber's for the space? Mr. Greinert said by all means and he thought Ms. Finwall had indicated that in her report. He said Junior Achievement is open to a six-month, 1-year, or 2-year lease agreement. Commissioner Trippler asked staff what happens on October 28, 2003, when the moratorium is lifted? Mr. Roberts said hopefully by then there is the new zoning ordinance and the zoning would be in place and the moratorium lifted. If the new zoning ordinance is not completed and not in place by that time the city can try to extend the moratorium again, or the moratorium would end and the city would operate under the current rules. Commissioner Pearson said he can't support denying this request for a number of masons. Them is a moratorium that is going to end and he has been involved in a lot of discussion regarding the Hillcrest redevelopment at the HRA meetings. He has asked several times how the Hillcrest Redevelopment plan is going to affect existing businesses that want to remodel or enlarge their buildings and he has never gotten a solid answer. He has been asking what the zoning was going for sites such as Junior Achievement and Gruber's and the plan only shows three white buildings but it has no specific designation of what the zoning will be. Commissioner Pearson said at the time the city was dealing with the Hillcrest Redevelopment plan there was no knowledge of any applications in process and he does not think this project is a good test of the moratorium. In his opinion this is a small adjustment to a lot split. Commissioner Pearson said it seems the fence is something Gruber's has tried to accommodate the city on for months and they can't come to an agreement of what is acceptable to the city. Planning Commission Minutes of 07-07-03 -32- Commissioner Pearson said the parking is not a problem because Junior Achievement is willing to work with Gruber's and the city regarding the length of the lease and the space that Gruber's needs. Commissioner Pearson said the city is talking about a new development that is going to be five or six years down the road if it gets funded, and if that is the case the only fair way to treat the business owner is to do a eminent domain and compensate the property owners for their property. He does not think this is the project to do a test on and he would vote against denying the use. Commissioner Monahan-Junek said she is in agreement with Commissioner Pearson and she can't support denying this request either. Gruber's has been in the city for a long time and has been a good tenant. She believes in the Hillcrest Redevelopment Area plan and she knows the timeframe is not cast in stone nor will it be cast in stone based on the funding. She thinks the city needs to be fair and equitable to those businesses that existing now. She said it is a very small parcel in the grand scheme of things. She doesn't support the five-foot variance because she thinks the city can deal with that another way. The property is zoned commercial, which means you may have property, which may seem to look untidy. She said maybe the city could propose some screening along that north side to cover the fence. Commissioner Dierich said she agrees with both commissioners. She said Gruber's is trying to clean up the site. The city can put a time limit on the CUP and the city could review the CUP in a year and make sure this is where the city wants to go. She would really like to see the tractors taken out in front of the store. She thinks screening from the fence can be done with landscaping and Gruber's is trying to improve their business. Commissioner Rossbach said he has a different point of view. He doesn't like the 10-foot metal fence. He said the city turned down Walgreen's because they wanted to stand on the principal that the city wants this area to redevelop completely different than it is. He doesn't see the point of leading Gruber's along for a few years and then go in with eminent domain and force them out of their location at that point. He said Gruber's could make the decision to stay put or move out of that location and onto a larger parcel of land on their own. It would be a loss to the City of Maplewood if they moved out of the city. Commissioner Dierich said she would rather have somebody pay into the city's tax base then have an empty space there. The city has been complaining about losing Walgreen's since losing the proposal. The city has to be somewhat accommodating to the long-standing businesses of Maplewood. She is not in favor of this variance. Gruber's is very clear that they are going to outgrow their space and eventually will have to move to a larger location. Commissioner Pearson said the fence is going to make a much cleaner look to the area. There are items that could go to the dump, which would then clean the area up even more. He would favor continuing the fence to the east and head south with the two gates proposed and paint a two- tone paint color to improve the appearance of the metal fence. Commissioner Desai said he is all for the Hillcrest Redevelopment Plan. But at the same time he thinks of the example of Walgreen's. The City of St. Paul has betrayed Maplewood by allowing Walgreen's to build their building how they want when it doesn't meet the standards for the Hillcrest Redevelopment Plan. The moratorium will be lifted in October and that time will be here before we know it. Planning Commission Minutes of 07-07-03 -33- Mr. Roberts said he disagrees with Commissioner Desai regarding the Walgreen's proposal. One of the objections to the proposal was the location of the parking in the front of the building and some to the rear. The new urbanism concept is to pull the buildings closer to the street and put the parking in the rear. To St. Paul's credit they did get Walgreen's to pull their building up to the street and they did get rid of the Pawn Shop. Commissioner Rossbach said if the commission stays with the plan in front of them he would vote no. If the applicant would agree to have this proposal tabled and come back with a revised plan that reflects the changes they agreed, then he would vote yes. Commissioner Pearson moved to table this until the next planning commission meeting to give staff time to work with Gruber's. They should come back with a plan of approval for the fence, screening and landscaping, and any painting to the fence that would accommodate this project. Mr. Roberts said by state law the city should take action by July 28, 2003. With the planning commission's request to table this, the city is not going to make that deadline. The option is to have Gruber's agree to a time extension. With a time extension, Gruber's would have to get plans together and meet with Junior Achievement and work out the details and bring back a revised plan that addresses some of the concerns. Or Gruber's can say no and remain with the time frame and take a chance by going to the city council with this plan. Mr. Gruber asked what the time extension is? Mr. Roberts said depending how quickly Gruber's can get a revised plan back to the staff determines how quickly the process works. Mr. Gruber clarified with the commission what needed to be changed on the plans before it could come back for review? 1. Overall sketch of the property with additional landscaping to the north and east side of the fence. 2. Junior Achievement agreed to remove five feet of asphalt so no five-foot variance is needed. 3. Paint the metal fence a two-tone color. 4. Fence shall be no higher than 10-feet high so no variance would be needed. 5. Extend the parking lot lease agreement to one year with Junior Achievement. Mr. Roberts asked Mr. Gruber to discuss the changes with Mr. Greinert from Junior Achievement and decide if they are willing to table the proposal. Mr. Gruber agreed to the time extension and to table the proposal. He agreed to come back to the planning commission with revised plans. Mr. Greinert said both he and Gruber's are frustrated that this has taken nine months to get this far and now staff is saying it is going to take another 30 to 40 days for it to get reviewed again. Planning Commission Minutes of 07-07-03 -34- Mr. Greinert said he does not feel the city staff has handled this situation very well and feels like the proposal has fallen through the cracks, Mr. Roberts said if the applicant brought revised plans back right away it would take at least 30 to 40 days before it could come back to the planning commission and then it goes to the city council who makes the final decision. He said staff and the planning commission are trying to make a positive recommendation to the city council rather than a negative recommendation. The reason for the delay is that there are typically 3 weeks in between the planning commission meeting and the city council meeting for minutes and materials to be updated for the city council meeting. Commissioner Pearson moved to table this proposal until the applicant can bring an updated plan back to the commission for review with the proposed changes listed by the planning commission. Commissioner Rossbach seconded. Ayes- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler The motion to table carries. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Ms. Fischer was the planning commission representative at the June 23, 2003, city council meeting. Items that were discussed were the Maxfield Research Study Report, the Sibley Cove TIF which was approved, plans for the SPRWCS McCarron's plant expansion was approved, the annual tour June 30, 2003, the finance report received an annual award for excellence, and that the city council meeting has been moved from July 28 to Tuesday, July 22, 2003. b. Mr. Pearson will be the planning commission representative at the July 14, 2003, city council meeting. Items for discussion include the public hearing for Legacy Village; Mendota homes twin homes called Woodlyn Ponds, and the zoning change for the St. Paul Area Association of Realtors property off McMenemy Street. Ms. Monahan-Junek will be the planning commission representative at the Tuesday, July 22, 2003, city council meeting. Item for discussion is Liberty Classical Academy's Conditional Use Permit. Planning Commission Minutes of 07-07-03 -35- Chairperson Fischer asked if the city has any plans to look at the parking requirement other than for the Hillcrest Redevelopment Area? Mr. Roberts said no. Chairperson Fischer said it seems like the commission has spent a lot of time discussing parking issues. This issue could be put on the list to discuss at a later date in the future. Commissioner Dierich said she would like some more information on affordable housing. She said she noticed how much is affordable and what percentage the city has that is affordable housing. She would like to know what percentage of affordable housing the city council would like to see in Maplewood. Mr. Roberts said the city council has not expressed any particular percentage or goal for affordable housing. The city council wants to know if the city is meeting the minimum or averages of other suburbs in the area or is Maplewood doing better then other suburbs. X. STAFF PRESENTATIONS a. Annual Tour Follow up Mr. Roberts said if there is anything the commission would like changed for next years tour to let him know. b. Wetland Ordinance Amendment Follow up Commissioner Ledvina had requested information on the wetland ordinance and it will be discussed at a later date. Mr. Roberts asked if commission members were using the Internet to review reports or did they want to continue receiving their packets by delivery. Staff wants to make it as convenient as possible for the commission members to review reports and plans. Commission members said they were not using the Internet to review reports and that they wanted to continue receiving their packets by delivery. XI. ADJOURNMENT The meeting was adjourned at 11:08 p.m.