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HomeMy WebLinkAbout08/19/2008 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 19, 2008 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood City Staff Present: Present Present Present Absent Present Present Present Present Present Tom Ekstrand. Senior Planner Chuck Ahl. Actinq Citv Manaqer III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda as presented. Commissioner Trippler seconded The motion passed. IV. APPROVAL OF MINUTES a. July 29, 2008 Ayes - all Commissioner Trippler moved approval of the amended minutes of July 29, 2008, changing Commissioner Boeser as absent from that meeting, deleting Commissioner Boeser from approval of the minutes, and correcting item IX. b. to read "Chairperson Fischer submitted an article. . ." Commissioner Pearson seconded The motion passed. V. PUBLIC HEARING Ayes - Desai, Fischer, Martin, Pearson, Trippler, Walton, Yarwood Abstentions - Boeser a. 7:00 p.m. - 2008 Comprehensive Plan Update Public Hearing Rose Lorsung of MFRA gave a presentation on the draft plan of the 2008 Comprehensive Plan and explained ground rules for the public hearing. It was decided by the commissioners that they would hold their discussions until after the public completes their comments as part of the hearing. Planning Commission Minutes of 08-19-08 -2- Chairperson Fischer reiterated the ground rules and opened the public hearing for comments. The following people spoke: Duane Goodnek, 2002 English Street, said his property abuts the Bruce Vento Trail. He referred to the Light Rail Transit/Busway section of the Transportation chapter that refers to the feasibility of future use of buses on the Vento Trail alignment. Mr. Goodnek said he reviewed the Ramsey County Regional Rail Authority's plan which states that the trail is not planned for bus use and has specifically been purchased for future rail service. Mr. Goodnek asked the commission to eliminate the reference to bus rapid transit use on the trails from the plan and also insert a statement to the rail authority that recreational trails will not be used for a bus rapid transit way. Tom Horton, 1970 Clarence Street, questioned whether a variance would be required to add a screen porch to the property on a grandfathered-in property in a Mixed-Use area. Gordon Anderson, 2255 Duluth Street, said he has lived at that address for 53 years and the adjacent property is zoned residential, but his property is zoned commercial. Mr. Anderson said he would like his property rezoned to residential. Lettie Sageser, 1241 Frisbie Avenue, said her property abuts the Gladstone Savanna which has been changed from an open space designation to a park designation and asked why this was done and whether all the open space designations have been changed to park. David Bartol, 1249 Frisbie Avenue, commented on the changes of the Gladstone Savanna use from open space to a park designation, whether this gives the land less protection, and also referenced the limited budget for the parks system. Jim Valenciano, 1489 Sherren Avenue, commented that since the colors have been changed on the new use map, it is difficult to compare the new map with the old. Mr. Valenciano said his property abuts Highway 36 and the plan shows a new path between the highway and his property, but was not clear how it would tie into White Bear Avenue. Mr. Valenciano asked how this path would affect his property. Leo Capeder spoke representing Truck Utilities at Highway 36 and English Street which is an industrial use. Mr. Dieter asked how this would affect their taxes and said they are concerned with the watershed problems and sewer problems. Mr. Capeder said they are concerned with how much water will run across Highway 36 and through their back property to the other side of Gervais Area and into the wetland area. Mr. Capeder said they want to make sure that their concerns are addressed. Jim Svoboda, 2036 English Street, said his property is on the proposed Skillman Street has a driveway easement. Mr. Svoboda said he wants to develop his property and displayed a letter from Ramsey County Property Records and Revenue showing his property value has diminished but shows his taxes have increased. Mr. Svoboda said his property has been determined to be land locked and cannot be developed, but he intends to pursue developing his property. Jonathon Buseng, 1247 Kohlman Avenue, said his property is proposed to be reclassified from residential to commercial. Mr. Buseng asked that specific guidelines be added to the city ordinances on what can and cannot be permitted on a nonconforming residence. He asked for specific clarification on whether he could add such things as new siding or replace windows without this being considered a special use permit process. Planning Commission Minutes of 08-19-08 -2- Chairperson Fischer reiterated the ground rules and opened the public hearing for comments. The following people spoke: Duane Goodnek, 2002 English Street, said his property abuts the Bruce Vento Trail. He referred to the Light Rail Transit/Busway section of the Transportation chapter that refers to the feasibility of future use of buses on the Vento Trail alignment. Mr. Goodnek said he reviewed the Ramsey County Regional Rail Authority's plan which states that the trail is not planned for bus use and has specifically been purchased for future rail service. Mr. Goodnek asked the commission to eliminate the reference to bus rapid transit use on the trails from the plan and also insert a statement to the rail authority that recreational trails will not be used for a bus rapid transit way. Tom Horton, 1970 Clarence Street, questioned whether a variance would be required to add a screen porch to the property on a grandfathered-in property in a Mixed-Use area. Gordon Anderson, 2255 Duluth Street, said he has lived at that address for 53 years and the adjacent property is zoned residential, but his property is zoned commercial. Mr. Anderson said he would like his property rezoned to residential. Lettie Sageser, 1241 Frisbie Avenue, said her property abuts the Gladstone Savanna which has been changed from an open space designation to a park designation and asked why this was done and whether all the open space designations have been changed to park. David Bartol, 1249 Frisbie Avenue, commented on the changes of the Gladstone Savanna use from open space to a park designation, whether this gives the land less protection, and also referenced the limited budget for the parks system. Jim Valenciano, 1489 Sherren Avenue, commented that since the colors have been changed on the new use map, it is difficult to compare the new map with the old. Mr. Valenciano said his property abuts Highway 36 and the plan shows a new path between the highway and his property, but was not clear how it would tie into White Bear Avenue. Mr. Valenciano asked how this path would affect his property. Leo Capeder spoke representing Truck Utilities at Highway 36 and English Street which is an industrial use. Mr. Dieter asked how this would affect their taxes and said they are concerned with the watershed problems and sewer problems. Mr. Capeder said they are concerned with how much water will run across Highway 36 and through their back property to the other side of Gervais Area and into the wetland area. Mr. Capeder said they want to make sure that their concerns are addressed. Jim Svoboda, 2036 English Street, said his property is on the proposed Skillman Street has a driveway easement. Mr. Svoboda said he wants to develop his property and displayed a letter from Ramsey County Property Records and Revenue showing his property value has diminished but shows his taxes have increased. Mr. Svoboda said his property has been determined to be land locked and cannot be developed, but he intends to pursue developing his property. Jonathon Buseng, 1247 Kohlman Avenue, said his property is proposed to be reclassified from residential to commercial. Mr. Buseng asked that specific guidelines be added to the city ordinances on what can and cannot be permitted on a nonconforming residence. He asked for specific clarification on whether he could add such things as new siding or replace windows without this being considered a special use permit process. Planning Commission Minutes of 08-19-08 -4- Senior planner Tom Ekstrand explained often times a judgment call needs to be made and as an example he said past precedent would allow a home on property that is zoned to be commercial or nonconforming to make minor changes such as new siding or windows. Mr. Ekstrand further explained that in the past requests for additions or garages on these nonconforming properties have required a Conditional Use Permit application for consideration by the city council. Mr. Ekstrand commented that establishing guidelines for what would be allowable on these types of properties would be helpful and a good idea. Commissioner Boeser said guidelines are needed for these situations, but these nonconforming uses are zoning related questions and after the comprehensive plan is updated, the zoning code will be reviewed and these zoning questions will be considered at that time. Rose Lorsung commented the city has to follow the state statute for nonconformities and grandfathering clauses, but the city does have the opportunity to update the ordinance making it clear and in line with what the statute says. Ms. Lorsung encouraged residents interested in grandfathering clauses and nonconformities to go to the city's website and view those sections of the city code. Commissioner Boeser asked at what time a person's land use officially changes when the land use is to be changed. Ms. Lorsung responded the land use officially changes when the city council adopts the plan and when that plan is published in a city newspaper. Ms. Lorsung presented the next resident's comments regarding his property on Duluth Street designated as commercial in a residential area. Ms. Lorsung said the two properties being used as residential were previously guided as future industrial and under the new plan will be reguided as commercial as part of the cleanup to commercial use in that area. Commissioner Desai suggested that since the property is being used as residential, the industrial designation was possibly a mistake and that the designation could now be corrected to residential in the updated plan. Ms. Lorsung responded this is not the case even though the property is being used as residential, since the property's use designation fell within the highway corridor area designated at the time as industrial use. Commissioner Boeser said he would favor reguiding the property to residential use rather than commercial use as the property owner requested, since the property to the east and south is designated as residential use. Commissioner Trippler moved to recommend changing the two parcels' designation to Low Density Residential designation. Commissioner Martin seconded the motion. Commissioner Martin asked how this resident could have his property designation changed and not have been notified of the change. Acting city manager Ahl commented the city has gone through the process of updating this plan five times over the 50-year history and the various commissions and councils have used different procedures. Mr. Ahl mentioned residents were notified this year about proposed land use changes affecting their designation, but this was not required or done in the past. Ms. Lorsung commented the city is not required by law to notify individual property owners of land use changes, but are required to notify residents of proposed zoning changes. The commission then voted as follows regarding the above motion to change the two parcels' designation to Low Density Residential: Ayes - all Planning Commission Minutes of 08-19-08 -5- Ms. Lorsung reintroduced the next comments regarding the Gladstone Savanna property being designated as Park. Ms. Lorsung apologized saying this was an administrative error on their part and the Gladstone Savanna property would be corrected from Park designation to Open Space designation. Commissioner Boeser asked Ms. Lorsung for further information on the differences between Park and Open Space designations. Ms. Lorsung referred to the land use plan and parks, trails and open space plan for further clarification on these designations, but explained that open space parcels were purchased with referendum funds and have been designated for protection and preservation. Acting city manager Ahl further clarified the city wants to protect and enhance its open space parcels describing them as jewels in the community and said the city is looking to find a means to be able to enhance these natural parcels. Ms. Lorsung introduced the next resident comments regarding the changing of map colors. Ms. Lorsung explained the previous plan had many more color designations than is usual for a community. Ms. Lorsung said the map color designations were reduced from approximately 25 color designations to 10 as part of the cleanup of this update of the plan. Ms. Lorsung further explained the individual colors used do not have any specific meaning. Ms. Lorsung explained the second part of this resident's comments regarding a proposed path or trail between his property and Highway 36. Ms. Lorsung commented that a consultant is looking at a possible trail in that area, but there are a number of studies that still need to be completed before that question is resolved. Acting city manager Chuck Ahl clarified this trail will run along the south side of Highway 36 from Hazelwood Avenue to the Vento Trail bridge in order to eliminate the dangerous crosswalk at Hazelwood. Mr. Ahl further clarified this trail is not proposed for study, but rather construction contracts have been signed and the trail will be built in the next two months. Ms. Lorsung presented the next resident's question and asked that resident to come forward for clarifications. Mr. Capeder said his business is a light manufacturer located on Highway 36 and English Street. Mr. Capeder said his property designation is proposed from industrial to commercial designation and asked what affect this would have on his property. Ms. Lorsung responded addressing the land use designation change from industrial to commercial designation is part of the cleanup process of the plan. Ms. Lorsung further explained that Mr. Capeder is one of those industrial businesses that are operating under a Conditional Use Permit and can operate until the end of time under the mandatory conditions of the conditions use permit. Mr. Capeder asked if there would be any change to his tax base. Acting city manager Ahl responded typically the tax assessor looks at uses of property and if significant value was added to land, if value was added due to a land use change or if there are a number of other properties in the area beginning to redevelop, this may have an impact. Mr. Ahl said that over his 25 years of experience, he considers that land use plan changes do not impact the tax assessment and if Mr. Capeder does not change his use and continues the overall use of his property, it should not significantly change the value of his property. Planning Commission Minutes of 08-19-08 -6- Mr. Ahl further explained the Department of Transportation did a study to look at redevelopment of the English and Highway 36 intersection, which has the only signal between Century Avenue and Highway 280. Mr. Ahl said the DOT is planning sometime over the next twenty years to redevelop that intersection, which may involve Mr. Capeder's property at some time in future years. Mr. Ahl also mentioned that the city and Watershed District are both well aware of the drainage issues in the area of Gervais Avenue and north of English and Highway 36 and has proposed a future storm water improvement as part of the city's capital improvement plan. Mr. Svoboda again spoke regarding the problems he's had with trying to redevelop his property on Skillman. Mr. Svoboda said his taxes were scheduled to increase considerably in 2009, but after a tax assessor's review of his property, the taxes were then reduced. Mr. Svoboda said the city's planning department is not allowing him to redevelop the property that he owns. Consultant Lorsung explained there were no land use designation changes proposed to Mr. Svoboda's property due to the current updating of the comprehensive plan. Ms. Lorsung explained his property was and still is designated as Low Density Residential. Ms. Lorsung further explained that Mr. Svoboda's property problems are issues with zoning and access and do not have anything to do with land use designation with the updating of the comprehensive plan. Ms. Lorsung discussed with the resident his questions regarding what improvements might be made by a property owner to a nonconforming property. Ms. Lorsung commented the next property owner's question regarding a change in land use designation would not include the property owner's land. Regarding the property owner's second question, Ms. Lorsung said everything on Germain Street is still guided as Low Density Residential which means it does not have any change in designation and she explained to the property owner what development would be allowed on his property. Tom Lavar, 1655 Sexton, asked if trucks will be allowed to go west past Gervais if the commercial zoning is changed. Ms. Lorsung responded the discussion tonight is on the land use plan and not zoning and generally land use designations have little to do with access or truck movement. Mr. Ahl said he would not recommend connecting Gervais through English Street and that actually the access at Hazelwood to Highway 36 may be closed. In response to the next question on wetland issues, Mr. Ahl said this question is a long time issue and pertains to land designated under the wetland ordinance and this land is used in the control of water quality in the Kohlman/Keller/Gervais Lakes system. Commissioner Boeser asked if there is a structural problem with any of the KSTP towers in that area. Mr. Ahl responded the towers are stringently monitored and are required to have periodic maintenance and the city has had no indication of any structural problems. Robert Davis, 1313 Kohlman Avenue, asked if the land use designation will be changing on KSTP's property. Ms. Lorsung said there are no changes proposed for Mr. Davis' property, but the property along Highway 61 is to be reguided from Industrial to Commercial designation. George Farr, 2437 Clarence Street, asked why the property that is designated Commercial use is not designated as wetland if the property is being used as wetland. Ms. Lorsung said properties are guided by tax parcel, not by what is actually on the ground, and this entire property is not a wetland but also has another use. Planning Commission Minutes of 08-19-08 -7- Ms. Lorsung responded to the next question regarding the costs to the taxpayers for the plan studies done and mentioned this is public information and asked this resident to call acting city manager Chuck Ahl for this information. Vick Eisenberg, 1851 Ide Street, asked if he received the meeting notice because of land use changes on Frost Avenue. Ms. Lorsung responded that his notice was due to the Gladstone area, which has been and will remain a mixed use designation. Mr. Ahl mentioned that the Mixed Use findings from the two-year Gladstone study are now being implemented with this plan update. Betty Cody, 1751 Grandview, asked if it makes it easier for developers to come into residential areas and acquire land when the zoning is changed from residential. Ms. Lorsung responded that there were no changes to residential land use, but the changes were from properties already being used as commercial. At this time, planner Tom Ekstrand added to the record a letter from Azure Properties requesting that their property at Hazelwood north of the Freedom service station on Beam Avenue remain Industrial designation and not be changed to Commercial and that they also own property south of St. John's Hospital on Beam Avenue and they are in favor of the new Commercial designation on that property, rather than the current Business Commercial Modified designation. Commissioner Boeser commented the vacant property at Hazelwood north of the Freedom station is all commercial development and he would not be in favor of designating this as industrial use but could be developed as an industrial use. Commissioner Trippler mentioned a new industrial use would not be allowed under a commercial designation. Ms. Lorsung responded the definition of commercial in the comprehensive plan could include adding light industrial uses to allow for those uses to go in under a Conditional Use Permit. Chair Fischer asked if the commissioners objected to adding this information to the plan; no commissioners objected. Commissioner Trippler moved to add under the Commercial heading on page 516 of the plan a statement at the end of that item to also include Light Industrial uses by Conditional Use Permit. Commissioner Pearson seconded Commissioner Desai suggested a description should be added with examples of what Light Industrial includes. Ms. Lorsung responded this could be discussed, but it will also be very clearly discussed in the zoning plan update. Ms. Lorsung said there are many factors that determine light manufacturing, but uses usually include manufacturing that includes office space with not many truck trips per day and relatively few bays. Commissioner Boeser said he is not in favor of adding light industrial use for one undeveloped parcel. Commissioner Pearson said that medical related light industrial uses might be developed in this area, since there many medical businesses existing in the area. The question was called and the commission voted as follows: Ayes - 5 Nays - 2 Abstention - Fischer The motion passed. Planning Commission Minutes of 08-19-08 -8- Ms. Lorsung suggested the information under Commercial Industrial on page 516 of the plan be generalized and some of the specific uses be removed and the specifics be added in the zoning update when it is revised. Commissioner Boeser mentioned he previously proposed the property on Gervais south of the park be changed from commercial to government use. It was discussed this post office business may be renting the land and not be the property owner. It was decided the property should remain designated Commercial. Commissioner Trippler suggested on page 2 of chapter 4 on housing adding under the first and the fifth goals that the city should "promote" rather than "develop," correct or delete the last line of Table 5.2 on page 512, and add "region" to the information in the last bullet on page 6-5. Commissioner Fischer requested the percentage column on page 2.3 be corrected and questioned why the number of Maplewood employees is not included in the chart on page 2.5. Ms. Lorsung said the chart is from the state but the number of employees could be added and that the percentage column would be reviewed. Ms. Fischer asked that the color designation for the townhomes on Furness Street be checked. Ms. Lorsung commented that the color designations were checked, but that they would review them again. Regarding comments on parking lot location to buildings, it was suggested that a paragraph concerning sign design, adequate parking and parking lot placement relative to building location be added. Ms. Fischer suggested that the word "buffer" relating to wetlands and natural resources in the Glossary be amended with a further description. Ms. Lorsung said this would be reviewed. Ms. Fischer mentioned that a correction to add "include" to the second line of Residential Acre regarding major transportation rights of way. Commissioner Walton said he does not think the proposed density in south Maplewood allows the conservation goals to be realized, that large lots do not necessarily mean rural character, and that the density needs to be increased. Ms. Lorsung explained that after much discussion and review of information, the commission voted for a 1- to 2-acre net density rather than the 2-to 3-acre net density recommended by the consultants. Acting city manager Ahl said city staff has debated the commission's recommended density and will most likely not be agreeing with it, since staff believes the density is not feasible and cannot be supported or developed under market conditions. Mr. Ahl suggested the commission reconsider and try to get closer to the consultant's recommended density. Commissioner Walton questioned whether this density requirement could be considered to constitute a taking if the land is not able to be developed due to the density. Ms. Lorsung responded this is an important question, since the commission's proposed net density is a large shift from what the gross density on the property was previously. Commissioner Walton said he is concerned that if the new density is challenged by a developer, the end result might be much higher densities than are desired. Mr. Yarwood said he is not comfortable with the 1 to 2.6 density gap and he feels this needs to be closed somehow. Commissioner Yarwood asked if the commission is comfortable with raising the range to 2 to 2.5. Mr. Ahl suggested the range could be raised from 1 to 2-2.5 looking at the net density and the same thing could be accomplished with the city not being exposed to a taking claim for property in that area. Planning Commission Minutes of 08-19-08 -9- Commissioner Boeser suggested that with the natural resource land items taken out of the calculation and using net acres instead of the previously used gross acres, the end result of the increased density would be the same with much less development allowed on the land. Acting city manager Ahl said if the commission desires to reassess this issue there is time to bring back the consultant's evaluation done of this area with specific numbers for further review. Commissioners asked the consultants to bring back specific acreage numbers and to also have the Metropolitan Council's response with approved numbers. Commissioner Yarwood moved to table the comprehensive plan update for further discussion at a time when the requested information is received. Commissioner Walton seconded Ayes - Desai, Fischer, Walton, Yarwood, Martin, Boeser Nays - Pearson, Trippler The motion passed. VI. NEW BUSINESS None VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS Upcoming Council Meetings and PC Representation: . August 11: No items . August 25: No items X. STAFF PRESENTATIONS Planner Ekstrand said the next agenda will have a request for easement vacations for the St. John's Hospital addition project. XI. ADJOURNMENT The meeting was adjourned at 10:23 p.m.