Loading...
HomeMy WebLinkAbout08/15/1994MAPLEWOOD PLANNING COMMISSION August 15, 1994 7:00 P.M. City Hall Council Chambers 1830 East County Road B 1. Call to Order 2. Roll Call 3. Approval of Minutes: 4. Approval of Agenda 5. New Business a. a. 6. Visitor Presentations 7. August 1,1994 Street Vacation: Beebe Road Commercial Setback Ordinance Commission Presentations a. August 8 Council Meeting: b. August 22 Council Meeting: Staff Presentations Adjournment Mr. Pearson Mr. Frost WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: 1. The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. 2. Staff presents their report on the matter. 3. The Commission will then ask City staff questions about the proposal. 4. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. 5. This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. 6. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. 7. The Commission will then discuss the proposal. No further public comments are allowed. 8. The Commission will then make its recommendation or decision. 9. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. kd/rnisc\pcagd Revised: 6-18-93 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 EAST COUNTY ROAD B, MAPI RNOOD, MINNESOTA AUGUST 1, 1994 CALL TO ORDER Chairperson Axdahl co2]ed the meeting to order at 7 p.m. II. ROLL CALL Commissioner Roger Anitzberger Present Commissioner Lester Axdahl Present Commissioner Lorraine Fischer Present Commissioner Jack 'Frost Present Commissioner Gaz7 Gerke Present Commissioner Kevin Kittridge Present Commissioner Mary Martin Absent Commissioner Gary Pearson Present Commissioner William Rossbach Present Commissioner Marvin Sigmundik Present III. APPROVAL OF MINUTES IV. July 5, 1994 Commissioner Frost moved approval of the minutes of July 5, 1994 as submitted. Commissioner Kittridge seconded Ayes--Anitzberger, Axdahl, Fischer, Frost, Gerke, Kittridge, Pearson The motion passed. APPROVAL OF AGENDA Abstentions--Sigmundik, Rossbach Commissioner Fischer moved approval of the amended agenda, moving item 7.A.-Phalen Lake Townhomes after item 5.A. Commissioner Sigmundik seconded Ayes--all The motion passed. Planning Commission Minutes of 8-1-94 -2- V. PUBLIC HEARINGS A. Open Space Sites: Land Use Plan Change-Site 142 (Frost Avenue & English Street), Site 143 (Ease Shore Drive), Site 140 (Trail Crossings) Secretary Olson read the public hearing notice and presented the staff report. Mr. Olson explained that it will be difficult in the future to sell land acquired for open space, since the City Council will require a 4/5 vote. He explained that the City is creating a base map of the City indicating parks, open space, and Ramsey County open space lands. The Commission suggested that the adjoining communities' lands should also be designated on the map. The public hearing was opened for comments from the audience. Dominic Ramacier, chairperson of the open space committee, spoke. Mr. Ramacier requested the City follow the language and spirit of the open space prioritization plan. He said the best way to preserve the value of property in a neighborhood is to set aside open space land. He requested the Planning Gommission recommend that the City Gouncil approve the land use plan change to allow the entire Frost Avenue and English Street property to be purchased for open space land. Rob Peterson, 1574 Lakewood Drive, spoke in favor of accepting the open space committee's plan. He discussed with the Gommission the open space budget and the cost of each of the properties considered for purchase. Gharlotte Brooker, 2172 Woodlyrm Avenue, a member of the open space committee, asked that all of the open space sites in the entire City be considered. Al Singer, 49 O'Day Street, a member of the open space committee and an environmental planner, spoke in favor of the land use plan change for site 142. Greg Juenemann, 721 Mt. Vernon Avenue East, a member of the open space committee, said that all land that is open space area, such as athletic fields or Ramsey Gounty open space land, may not remain open space land forever. Chris Miles, 1280 Frisbie, passed out photos of open space land on Frost Avenue and English Street. Sam Cave, 723 Terrace Drive, Roseville, suggested that in order to maximize the amount of open space land to be accumulated, the landowners should bid their land value. Jeff Schoenwetter, K & J Corporation, spoke regarding the proposed development of Phalen Lake Townhomes on this parcel and the possibility of designating a small portion of this property for open space. Ken Nordling, owner of the Frost Avenue and English Street property, spoke. Carl Grill, 1280 Frisbie, spoke in favor of purchasing the Frost Avenue and English Street parcel for open space. Gretchen Maglich, Assistant City Manager, explained that the open space committee submitted a list of nineteen properties to be considered for purchase. She said that the City contracted with the Trust for Public Land, which contacted property owners and is in the process of negotiating the price of the top ten rated sites. Since there were no further comments, the public hearing was closed. Planning Commission Minutes of 8-1-94 -3- The public hearing was reopened because of a question from a Commissioner. A1 Singer responded that some properties may be left as they are, but others may require some plantings or restoration. Since there were no further comments, the public hearing was dosed. Commissioner Rossbaeh moved the Planning Commission recommend: A. Purchasing open space site 142 because: 1. The property is in imminent danger of being developed. 2. The size of the property makes its wildlife potential unique. 3. Upland brush sites and other transition sites are as valuable and necessary as fully wooded sites in preserving open space. Commissioner Gerke seconded Ayes--Anitzberger, Axdahl, Fischer, Frost, Gerke, Pearson, Rossbach, Sigmundik Nays--Kittridge The motion passed. The consensus of the Commission was that they would have preferred considering all of the top rated open space sites together, rather 'than evaluating one site out of context with the rest. Commissioner Fischer moved the Planning Commission recommend that if the City Council chooses not to purchase all or any of site 142, then: B. Authorize staff to obtain appraisals on site 143 (East Shore Drive) for the following reasons: 1. Open space would enhance East Shore Drive as a gateway street to Lake Phalen. 2. The site has significant natural features-woods and a wetland. 3. The City needs to acquire a drainage easement on this site. 4. The price is relatively inexpensive. Planning Commission Minutes of 8-1-94 Commissioner Kittridge seconded Ayes--Fischer, Kittridge, Pearson Nays--Sigrnundik, Anitzberger, Gerke, Rossbach, Frost, Axdahl The motion failed. Commissioner Fischer moved the Planning Commission recommend that if the City Council decides not to purchase all or any of site 142, then: C. Direct staff to obtain appraisals and include the Soo Line parcel (at the southeast comer of the two regional trall~) with site 140 for the following reasons: 1. This parcel is kiddy-comer from site 140 and at the crossing of two regional trails. 2. This parcel would add to the adjacent City-owned land and an undeveloped right-of-way, thereby doubling the open space at this comer. 3. The woods on this parcel screen the State trail from the Frost Avenue commercial buildings. Commissioner Kittridge seconded Ayes--all The motion passed. VII. UNFINISHED BUSINESS A. Phalen Lake Townhomes: Preliminary Plat (Section 16) Ken Roberts, Associate Planner, presented the staff report and answered questions from the Commission. Roger Anderson, engineer for the project, explained plans for the project. Mr. Anderson said they will submit site engineering drawings and a developer's agreement. He said they would like to start construction as soon as possible. Commissioner Rossbach moved the Planning Commission recommend, if the City Council chooses not to acquire this site for open space, they approve the Phalen Lake Townhomes preliminary plat (received by the City on July 19, 1994). The developer must complete the following conditions before the City Council approves the final plat: Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, easement, trail, driveway and street plans. These plans shall meet the following conditions: Planning Commission Minutes of 8-1-94 -5- 0 a. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District's Fax~sion and Sediment Control Handbook. b. The grading plan shall include proposed building pad elevations and contour information for each home ske. c. The street and driveway plans shall show concrete curb and gutter, except the driveways for the individual garages. The tree plan shall show where the developer will remove or save large trees. The City Engineer must approve this plan before grading begins or before the City approves the final plat. The developer shall show any replacement trees on the landscaping plan required for the Community Design Review Board. The City Engineer may require grading on Phase II with Phase I if Phase II grading is needed for Phase I. Sign an agreement with the City that guarantees that the developer or contractor will: a. Complete all work that is on the approved plans or required by the City. b.* Place temporary orange snow fencing and signs at the grading limits. Have NSP install street lights in two locations. These lights shall be on the comer of Frost Avenue and Duluth Street and on the comer of English Street and Stunmer Avenue. The exact location and type of lights shall be subject to the City Engineer's approval. Construct an eight-foot-wide paved trail from the existing commercial comer to Gloster Park and Ffisbie Avenue. The developer shall extend the trail on the site plan to Frisbie Avenue over the east one-half of the Frank Street fight-of-way. The developer shall build this trail with the Phase I streets and driveways. This trail shall be subject to the approval of the Director of Parks and Recreation and the City Engineer. e. Pay the City for the cost of waffic-control and street identification signs. f. Install "No Parking" signs as follows: (1) On one side of streets that are 28 feet wide. (2) On both sides of streets that are less than 28 feet wide. Planning Commission Minutes of 8-1-94 -6- g. Remove any junk, debris or tires from the site. h.* Provide all easements required by the City. 4. Submit a revised preliminary plat for the approval of the Director of Community Development. The revised plat shall show the following changes: a. Label the north/south street Duluth Street and the east/west street Summer Avenue. b. Show all lot and block numbers. c. Show Frank Street as vacated. 5. Show the following on the final plat: a. A twenty-foot-wide walkway for the trail between the existing commercial comer to Gloster Park and Frlsbie Avenue. The City Engineer shall approve the exact location of the walkway. b. The existing storm water drainage easement on the west side of the site. 6. Submit home owners' association documents for the Director of Community Development's approval. These documents shall show how the association will maintain the common land. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the City issues a grading permit or approves the final plat. Commissioner Pearson seconded The motion passed. Ayes--Anitzberger, Axdahl, Fischer, Frost, Gerke, Pearson, Rossbach, Sigmundik Nays--Kittridge Commissioner Kittridge said he voted no even though he is in favor of development of this town house project, because he does not want this property purchased for open space. Planning Commission Minutes of 8-1-94 VI. -7- NEW BUSINESS A. Cave's English Street Third Addition: Easement Vacation, Preliminary Plat (Section 10) Ken Roberts, Associate Planner, presented the staff report and answered questions from the Commission. Sam Cave, representing Cave and Associates, Ltd., was present at the meeting. Commissioner Kittridge moved the Planning Commission recommend: A. Adoption Of the resolution which vacates the drainage easement on Lot 6, Block 1, of Cave's English Street 2nd Addition. The City should vacate this drainage easement because: 1. It is in the public interest. 2. The vacation will allow a more efficient lot design. 3. The developer will dedicate a new drainage area. This vacation is subject to the developer recording this resolution with the final plat. The City shall not release this resolution until the City approves the final plat. Commissioner Fischer seconded Ayes--all The motion passed. Commissioner Kittridge moved the Planning Commission recommend: B. Approval of Cave's English Street Third Addition preliminary plat (received by the City on June 27, 1994). Before the City Council approves a final plat, a developer shall complete the following conditions: 1. Sign an agreement with' the City that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and the pond, complete all public improvements and meet all City requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the City for the cost of traffic-control and street identification signs. Planning Commission Minutes of 8-1-94 -8- Construct an eight-foot-wide paved walkway between McAfee Circle and the County trail property. The developer shall build the trail with the new street. The City and County engineers must approve these plans. The City is requiring this trail because it will provide a safer place for the residents of the new plat to walk to the County trail and Gladstone Park. e.* Provide all easements required by the City Engineer. Remove the existing fence and gate from around the vacated part of the pond and install a fence and gate around the new pond in Ouflot B. This fence shall match the existing fence in height and materials. The developer or contractor may salvage the fence and gate materials not used to fence the pond, subject to the City Engineer's approval. Have the City Engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, fence, erosion control, tree, trail and street plans. The plans shall meet the following conditions: a. The erosion control plan shall be consistent with the Ramsey Soil and Wate- Conservation District Erosion and Sediment Control handbook. b. The grading plan shall include proposed building pad elevation and contour information for each home site. c. The tree plan shall show: (a) Where the developer will remove, save or replace large trees. (b) The size and species of trees that the developer will plant as replacement trees. d. Enlarge the pond capacity to the maximum practical capacity by changing the side slopes to 3:1. 3. Show the following on the final plat: a. A twenty-foot-wide utility easement between Lots 4 and 5 for the proposed storm sewer. A drainage and utility easement on the east side of Lots 5, 6, 7 and 10, Block 1, subject to the City Engineer's approval. This easement shall be for the proposed storm sewer pipes. Planning Commission Minutes of 8-1-94 -9- VII. c. A drainage 'and utility easement on the north side of Lots 9 and 10, subject to the City Engineer's approval. This easement shah be for the proposed sanitary sewer pipe. d. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 4. Record covenants or deed restrictions with the final, plat that do the following: a. Require the builder of the house on Lot 10 to install a driveway turn- around when they build the driveway. b. Prohibit the driveway on Lot 9 from going onto County Road B. 5.Change "Circle" on the plans to McAfee Circle. 6.Deed Outlot B to the City. 7. If they will accept it, deed Outlot A to the property owners to the west. ff they will not, include Outlot A in the McAfee Circle right-of-way. 8.* Obtain a permit from the Watershed Board. If the developer decides to final plat part of the preliminary plat, the City may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the City issues a grading permit or approves the final plat. Commissioner Fischer seconded Ayes--all The motion passed. UNFINISHED BUSINESS B. Commercial Property Study: Parking Secretary Olson presented the staff report. The Commissioners and staff did not have a consensus of what the Council had requested them to study. The Commission discussed how to get clarification on what the City Council wanted to include for study with the commercial property study. Planning Commission Minutes of 8-1-94 -10- Commissioner Fischer moved the Planning Commission ask staff to request a few minutes at the Council's work session to allow Commissioner Rossbach to get a clarification of the intensity question. Commissioner Rossbach seconded The motion passed. VISITOR PRESENTATIONS There were no visitor presentations. IX. COMMISSION PRESENTATIONS A. B. C. X. STAFF PRESENTATIONS There were no staff presentations. Xl. ADJOURNMENT Meeting adjourned at 10:14 p.m. Ayes--all July 11 Council Meeting: Commissioner Kirtridge reported on this meeting. July 25 Council Meeting: Commissioner Anitzberger reported on this meeting. August 8 Council Meeting: Commissioner Pearson will attend. · , --~ MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Assodate Planner Street Easement Vacation Beebe Road, north of Larpenteur Avenue August 8, 1994 INTRODUCTION M~: John Low is asking that the City Council vacate a road easement for Beebe Road. (See the maps on pages 3-5.) The County will not record his plat until the City vacates this easement. BACKGROUND On September 5, 1973, the County recorded a public street easement for Beebe Road from Beebe Laboratories, Inc. On May 22, 1986, the City Council vacated this easement (document number 1865125). The Gity vacated this easement because the developer of the Southwinds of Maplewood 2nd Addition planned to dedicate a new easement to the City. In 1988, Torrens proceedings were started to register the property. The District Court found that the 1973 easement was still valid. The court action created two overlapping easements--the 1973 easement and the 1988 easement. On February 14, 1994, the City Council approved 56 town houses on this site. RECOMMENDATION Approve the resolution on page 6. This resolution vacates the 1973 road easement for Beebe Road. The City should vacate this easement for the following reasons: 1. It is in the public interest. 2. The City does not need this easement. 3. The street is not centered on the easement. 4. A new easement was dedicated in 1988. The developer shall record this resolution with the final plat. go/b-7:southwnd.vae (14) Attachments: 1. Location Map 2. Property Line Map 3. Road Easement and Site Plan Map 4. Vacation Resolution Attachment 1 AV~.. NORTH SAINT PAUL AVE, KNOll AVE. LA~PEHTEUR 1~14d-IO Attachment 2 / m/ ./ ,,/' '"'...,.-.~. FOREST GREEN APARTIVIENTB ('.'' ..... D ~ ARCHER HBGI-rrs APARTMENTSI ,.., ,, 1812 ,,,,: / lSD NO. 622 ~0 OFFICE (t~) D F': ¢, 1745; ~ ~ · · cj 1721 1711 - 1717~ MOUND'S PARK~.1701 - 1707, 20~ 2135 . LARPENTEUR AVENUE Attachment.3 F- EASEMENT TO BE VACATED 5 Attachment 4 RESOLUTION 86-5-85 A RESOLUTION VACATING AN EASEMENT FOR BEEBE ROAD WHERF_a~, the City of Maplewood initiated proceedings to vacate the public interest in the following-descfibed property: A strip of land over and across the N.E. 1/4 - S.W. 1/4 - S.E. 1/4, Section 14, T. 29 N., R. 22 W., V'Klage of Maplewood, Ramsey County, Minnesota being 60 feet in width, being 30 feet either side of a centerline of a proposed road~,ay de.~cfibed as follows: Commencing at a point, 3.0 feet west of cente~; and the South line of said N.E. 1/4 - S.E. 1/4, Section 14; thence Northerly, on a line drawn parallel to the North and South centerline of said N.E. 1/4 - S.W. 1/4, S.E. 1/4, Section 14, a distance of 3.58 feet, to the beginning of a curve to the left, thence along a curve to the left, having a central angle of 40° 0' and a radius of 572.96 feet, a distance of 400.0 feet, to the end of said curve; thence northwesterly along a line drawn tangent to last-descfied curve a distance of 175.49 feet, to the beginning of a curve, to the fight; thence along a curve, to the fight, having a central angle of 39° 53' and a radius of 318.31 feet, a distance of 167.07 feet, more or less, to an intersection with the North line of said N.E. 1/4 - S.W. 1/4 - S.E. 1/4, Section 14, at a point on said North line, distant 4.67 feet, more or less, East of the Northwest comer of said N.E. 1/4 - S.W. 1/4 - S.E. 1/4, Section 14, and there terminating. WHEREAS, the County recording number for this easement is 1865125. WHEREAS, the procedural history of this vacation is as follows: 1. On May 5, 1986, the Planning Commission recommended that the City Council approve this vacation. 2. On August 22, 1994, the City Council held a public hearing to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opporumity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. WHEREAS, upon vacation of the above-described street fight-of-way, public interest in the property will accrue to the following~described abutting properties: The NE 1/4 of the SW 1/4 of the SE 1/4 and that part of the SE 1/4 of the SE 1/4, lying westerly of the former M.St.P. SUB Railroad fight-of-way, all in Section 14, Township 29, Range 22. 6 NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above-described vacation on the basis of the following findings of fact: 1. It is in the public interest. 2. The City does not need this easement. 3. The street is not centered on the easement. 4. A new easement was dedicated in 1988. The Maplewood City Council approved this resolution on August 22, 1994. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Thomas El<strand, Associate Planner Commeroial ~etback Ordinance August 4, 1994 INTRODUCTION Request Cliff Snyder is requesting that the City Council change a City setback requirement. Mr. Snyder represents CMD Properties. This change would reduce the setback between commercial uses and residences that the City is planning for commercial use. The Code requires at least fifty feet between a commercial use and a 'property that is used or shown on the City's land use plan for residential use.' Mr. Synder is requesting that the City drop the words 'that is used or". The fifty-foot setback would then only apply to properties that the City shows on its land use plan for residential use. Reason for the Request Mr. Snyder is proposing to build a Batteries Plus store at the northeast corner of White Bear Avenue and Radatz Avenue. (See the maps on pages 3-5.) The building would be 35 feet from the north lot line. The Code requires a SO-foot setback because a house is on the lot to the north. The City has zoned the lot to the north R-1 (single dwelling residential). Howevex; the City shows this lot for LBC (limited business commercial) use on the land use plan. The proposed Code change would allow him to build this building as shown on page 5. BACKGROUND On May 16, 1994, the Planning Commission listed a series of recommendations as part of their commercial property smd~ One of their recommendafiom would change the definition of residential lot line. The definition in the zoning code for residential lot line is any property with a residential building on it or any property that the City is planning for residential use on its land use plan. The Code uses this definition for setback requirements. The Commission recommended that this definition only include property that the City is planning for residential use. On May 24, 1994, the Community Design Review Board agreed with the Planning Commission's recommendation. DISCUSSION The Planning Commission and CDRB have already recommended this change as part of the commercial property study. They felt that the City should not require a f-ff-ty-foot or more permanent setback for a commercial building that would be next to a temporary residential use. The Code still requires at least a 20-foot-wide landscaped yard between commercial uses and existing residential uses. The City can use this yard to require additional landscaping or fencing to screen a commercial use from an adjacent residential use. This screening would protect the residence until it eventually redevelops as a commercial use. RECOMMENDATION Approve the ordinance on page 6. go\b-7:batplus3.mem (5.1 setbacks to R-l) Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Ordinance 2 Attachment 1 'IKING WI'IIT£ 8EAR LAKE I,,,, 'NN ~V VIEW ,~V ~ Y/fl! POND ~[ CO NORTH SA IN T KnuCkle I-leod LokW COPE AV . .~ ( I ) BRENWO00 CURVE PAUL 3 Attachment 2 ~BURGER KING IoO$ &¢. OIL · 59 ac.. mm · :58 ac. (4.0' tOO' &i.e. 2811 $0' A O°~:)' t."t. &$~ .53' BEAM AVENUE PREMIER BANK I. Ot &C. 976' t4.0o 1984 RADATZ AVENUE OUT KE E "iF ci-r I.&4 ac LC. -. (~ PROPERTY LINE4/ ZONING MAP Attachment 3 4,) AV~.. m SITE PLAN 5 N Attachment 4 ORDINANCE AN ORDINANCE CHANGING THE SETBACK REQUIREMENT BETWEEN A COMMERCIAL USE AND A RESIDENCE PLANNED FOR COMMERCIAL USE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: (Additions are underlined and deletions are crossed out.) SECTION 1. This section changes Section 36-6 as follows: Section 36-6. Definitions. Residential lot line: The lot line of any property ---:'*~- prcpc.."*7 that the City is planning for residential use on its land me plan. SECTION 2. This section adds a new subsection (f) to Section 36-27 (Landscaping and screening) as follows: (0 The City may require screening between differing _types of land use, such as between commercial and residential uses or between multiple and single dwellings. SECTION 3. This section changes Section 36-28(c)(6) as follows: Sec~on 36-28(c) (6). (6) Construct all buildings, except single- and two-family homes, with the following minimum setbacks: a. Thirty (30) feet from a street right-of-way Fifty (50) fe fr id lin -'*" et om a res ential lot e. .uA ~:~.~ ~._.3 ..... ~..- ~ ..... :a~-+:~ use. This setback shall be increased up to seventy-five (75) feet based on the more restrictive of the following requirements: 1. Building height: The building setbacks shall be increased two (2) feet for each one foot that the building exceeds twenty-five (25) feet in height. 6 Exterior wall area: Where an exterior wall faces a residential lot line ..~.r:.~-.:~- ...... ~ ..... -~-- the wall setback shall be increased five (5) feet for each one thousand (1,000) feet, or part thereof, in excess of two thousand (2,000) square feet. SECTION 4. This ordinance shall take effect after lhe City publishes it in the official newspaper. The Maplewood City Council approved this ordinance on ,1994.