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HomeMy WebLinkAbout11/18/2008 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 18, 2008 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:02 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: Absent Present Present Present Present Present Present Present Present Michael Martin. Citv Planner Steve Kummer. Citv Staff Enqineer Shann Finwall. Environmental Planner III. APPROVAL OF AGENDA Commissioner Hess moved to approve the amended agenda adding item IV.a. - November 6 minutes. Commissioner Trippler seconded The motion passed. IV. APPROVAL OF MINUTES a. November 6, 2008 Ayes - all Commissioner Pearson moved approval of the amended minutes of November 6, 2008 changing the heading day/time to Thursday at 7 p.m., changing "requires" to "allows" in the second paragraph on page two, changing "Yarwood" to "Boeser" in the fourth paragraph on page two, and changing "standard" to "language" in the first sentence on page three. Commissioner Trippler seconded The motion passed. V. PUBLIC HEARING Ayes - Boeser, Desai, Fischer, Hess, Martin, Pearson, Trippler, Yarwood Abstention - Walton a. 7:04 p.m. - Warehouse and Screening Fence Proposal, Menards, 2280 Maplewood Drive . Conditional Use Permit Revision Planning Commission Minutes of 11-18-08 -2- Planner Michael Martin presented the staff report for the request by Menard, Inc. to build a 16,750- square-foot unheated warehouse on the south side of the Menards store. The structure would be approximately 25 feet tall and would be built where an existing treated lumber rack exists. Menards is also proposing to replace an existing chain link fence between the store and Countryside VW/Saab on the east side of their property. Commissioner Trippler asked staff to explain the seeming measurement conflict between item 2.b. and 2.c. of the staff conditions regarding the minimum 2 Y:; feet of storage extended above the storage racks. Mr. Martin explained that the intent of the conditions is that the 2 Y:;-foot measurement is based on the topography and sight lines from the homes. Commissioner Hess asked if the required 20-foot fire department access already exists or if this would be developed with this proposal. Mr. Martin responded that this access currently exists and the fire marshal is requiring that it be maintained. Mr. Hess asked what fire protection is proposed. Mr. Martin said that will be dictated by code and will be part of the inspections process before the building is approved for occupancy. Tom O'Neil of 4777 Menard Drive, Eau Claire, Wisconsin, was present representing Menards, Inc. Mr. O'Neil explained the site plan for this proposal and answered questions from the commission. Mr. O'Neil said Menards intention with this proposal is for additional warehousing within their existing lumber yard and an additional treated rack. Mr. O'Neil said Menards intends to internalize in the proposed warehouse the materials that already exist in the lumber yard. Chair Fischer asked Mr. O'Neil if he is in agreement with the conditions of the staff report. Mr. O'Neil responded affirmatively. The public hearing was opened for comments from the public. There were no comments; the public hearing was closed. Commissioner Trippler moved to adopt the resolution revising a conditional use permit revision for Menards at 2280 Maplewood Drive to add a 16,750-square-foot unheated warehouse to the existing store. The city bases this approval on the findings required by the code. Approval of this CU P revision is subject to the following conditions (additions are underlined and deletions are crossed out): 1. Adherence to the site plan date-stamped October 1. 2008 Marsh ll, 2009. Planninq staff +I1e airester ef semmllnity aeveleFlment may approve minor changes. 2. Compliance with the following screening-fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: (1) The eight-foot-tall screening fence west of 1071 County Road B and running east- west behind 1071, 1081 and part of 1101 County Road B between the parkinq lot and the residential lots shall remain. (2) All other screening fences that abut the residential lots and the new fences on the east and south sides of the propertv as shown on the site plan date-stamped October 1. 2008 shall be 14 feet tall. Planning Commission Minutes of 11-18-08 -3- (3) All screening fences shall be constructed of vertical boards of the same dimension, color and material. b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14-foot-tall fence. c. No more than 2 Y:; feet of the 17 Y:;-foot-tall interior storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard, garden center and warehouse shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard and warehouse that is not needed for site security shall be turned off after business hours. 6. The city council shall review this permit revision in one year. 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. The proposed building addition and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. Commissioner Yarwood seconded The motion passed. Ayes - all VI. NEW BUSINESS None VII. UNFINISHED BUSINESS a. Richie Place Lot Division and Comprehensive Plan Amendment Planner Michael Martin presented the staff report for this request from Lauren Development and Company to develop 16 single-family detached homes in Maplewood and Little Canada. Three of the lots would be in Maplewood northwest of Kohlman Marsh Open Space. Planning Commission Minutes of 11-18-08 -4- Commissioner Martin asked staff to comment on whether the issue of drainage from the slope flowing into the Gores' property as discussed previously has been reviewed. Staff engineer Steve Kummer responded that the grading plan shows that the grade of the slope to the Gores' property to the west will be reduced. Mr. Kummer explained that most of the grades will now flow to the street and through catch basins into the pond. Commissioner Hess asked if the 45.7 -foot cul-de-sac diameter dimension applies to the Little Canada code. Mr. Kummer responded that Maplewood code calls for a 90-foot diameter for a cul-de-sac. Mr. Hess asked whether there would be enough room for fire truck access in the cul-de-sac. Mr. Kummer said that the fire chief has verified in his comments that safe and efficient fire service can be provided. Commissioner Trippler asked staff if the city could recommend that the subdivision be split into two single-family lots and designate Lot Two as an outlot and non buildable. Planner Martin said that it is a recommendation that can be given if that is the commission's desire. Commissioner Walton asked staff to comment on drainage controls needed to be made to Lot Two to protect the wetland area. Planner Shann Finwall responded that the impacts on Lot Two would be bound by the city's slope ordinance. Ms. Finwall said the engineering department reviewed the erosion control measures for development on the slope and found that appropriate erosion control and grading measures are in place as proposed. Commissioner Martin asked if the open space land designation can be used only for publicly owned land. Planner Martin responded that there is not a set definition of what open space means by the Metropolitan Council, but open space designation has been used within the city as public land exclusively. Commissioner Desai asked if the staff conditions recommended for engineering, wetlands, tree and open space would be included in lot division approval. Ms. Finwall responded that usually these staff requirements are noted in the recommendation, but staff could list these requirements in the recommendation specifically if desired. Mr. Desai commented that since this is such a serious situation, he would personally prefer that they be listed specifically to ensure they are complied with. Commissioner Pearson asked staff whether there have been soil borings done of the three lots. Staff engineer Kummer responded that the building code specifically requires that compressible soils would need to be excavated and filled, but it is the developer's responsibility to come up with a plan from a structural engineer to present to the building official. Commissioner Martin asked at what point the foundation is inspected by the building inspectors. Mr. Kummer responded that the contractor needs to call for a foundation inspection before the footings are covered. Chair Fischer asked the developer, Phil Soby, if he was in agreement with the conditions of the staff report. Mr. Soby replied affirmatively. Commissioner Trippler asked the developer if he was okay with making Lot Two an outlot. The developer responded that creating an outlot would be a problem, since this lot has met the conditions for development. Commissioner Hess asked the developer if soil borings have been done on the site. He responded that multiple borings were done on the property early in the process and there were no "bad soils" within any of the lots on the property. The commission agreed by consensus to open the public hearing for comments on the additional new information that has been supplied since the last public hearing was held. The following people spoke: Planning Commission Minutes of 11-18-08 -5- John Gores, 2870 Arcade Street, said the Richie Place property in Maplewood being considered for development tonight was sold at a sheriff's sale today. Mr. Gores said it seems moot to be going forward with this issue. Jolene Gores, 2870 Arcade Street, said this property was intended to be open space in 1986. John and Jolene Gores said they do not want the commission to recommend approval of this proposal. Commissioner Trippler asked staff if the developer is no longer the owner of this property, do they have an interest in bringing this forward. Planner Martin responded that if a new owner desired not to go forward with this proposal they could simply pull the plans from consideration and that would be the end of the application. Planner Martin said that as it stands now, the city has accepted the developer's application and is now obligated to act on this application as it is. Tom Roycraft, 2910 Arcade Street, Little Canada, said that during a 1996 consideration of a proposal for a lot development, the City of Maplewood determined that there was no feasibility to develop due to the soils and now say that this was not correct or didn't happen. Ron Cockriel, chairperson for the Maplewood Area Historical Commission, said he walked the site on the request of some of the neighbors. Mr. Cockriel said he did not see any artifacts on the property. Mr. Cockriel said he also researched the Minnesota Historical site and did not see where any burial grounds would have existed on the property. Mr. Cockriel said he feels the property should remain guided open space and should be pursued as open space land. Commissioner Yarwood asked staff if the commission's recommendation for the 2030 Comprehensive Plan update was to be guided residential. Planner Martin responded that the commission's recommendation was to guide this parcel as low density residential. William Hansen, 2836 Keller Parkway, asked the commission to turn down this application. Ron Brown, 2776 Keller Parkway, asked how much area of the land is open space. Planner Martin said the total acreage of the lots is 2.24 acres with a portion of the acreage on the south of each lot to be converted to a wetland buffer easement. There were no further comments so the extended public hearing was closed. Commissioner Yarwood said the open space designation is appropriate for this site and that there is a reasonable argument to keep it guided open space. Commissioner Fischer commented that in past situations where a land owner may have wanted to develop a property with the city wanting to keep it guided open space, then the city would need to purchase the land if there is money available for purchase. Commissioner Hess said he is in agreement with Mr. Yarwood's comments and additionally with the wetland buffer easement and soils question it has yet to prove the land is buildable. Commission Martin commented that it is not within the purview of the planning commission to consider the ownership of the property or whether the soil borings have been done and the commission should stay within their purview. Commissioner Trippler said the open space designation has not changed and the fact that if someone new owns the property it does not change the open space designation. Mr. Trippler suggested the commission recommend that the council explore the possibility of acquiring this parcel. Mr. Trippler also Planning Commission Minutes of 11-18-08 -6- suggested that if it is zoned R-1 the city approve the split into two single-family lots with Lots Three and Four with Lot Two as an outlot. Commissioner Yarwood corrected Commissioner Trippler that the property is already zoned R-1, but is being considered tonight for land use designation change from open space to R-1. Commissioner Martin said as this property is privately owned he does not feel it should have a land use designation of open space. The developer spoke saying they have been working with the lender for both ownership and development of the property. He referred to comments from John Gore and explained that the sheriff's sale was the standard procedure for the lender to get back into ownership of the property. The developer further explained that the lender, as the owner, wants to see this property developed as proposed and will not be satisfied with half of the amount of lots. Commissioner Yarwood moved to deny the resolution approving a comprehensive land use plan amendment from OS (open space) to R1 (single dwelling) for the 2.24-acre site, located south of Labore Road and East of Arcade Street. Commissioner Hess seconded Commissioner Yarwood said his motion to deny is because he thinks it is reasonable to keep this land open space based on the surrounding land uses. Commissioner Trippler said since it is private property and Lots Three and Four are developable, the city may find itself in dire straits if it tried to keep this property as open space. Mr. Trippler said he would support the motion if it included the city attempting to acquire the property to become city open space property. Commissioner Desai asked Mr. Trippler if the city council would not consider acquiring this land, would the land designation revert to changing it from open space to R-1. Mr. Trippler responded affirmatively that they would have to. Commissioner Yarwood said he would accept the friendly amendment to his motion to have the city look into the possibility of acquiring the property so the open space designation would be appropriate for that. Planner Finwall explained that it has not been the city's policy to place an open space designation on privately owned lands and it could be perceived as a taking if the land is developable. Commissioner Fischer said that in the past there have been changes in what was designated as open space. Ms. Fischer said that at one point cemeteries were designated open space, but when the cemeteries were recognized as being privately owned then the open space designation was changed. The commission then voted: Ayes - Yarwood, Trippler, Hess Nays - Martin, Pearson, Fischer, Desai, Walton The motion to deny failed. Planning Commission Minutes of 11-18-08 -7- Commissioner Pearson said he feels that as part of the commission's update of the 2030 comprehensive plan that they attempted to guide privately held open space land to a residential designation. Mr. Pearson said if the city was interested in this property for purchase as open space land they should have been proactive before now and with the city's financial situation he does not think purchase will be possible. Mr. Pearson said he feels that who exists as the owner of this property is irrelevant to the commission and they need to act on this request tonight as it is proposed. Commissioner Pearson moved: 1. Adoption of the resolution approving a comprehensive land use plan amendment from OS (Open Space) to R1 (Single Dwelling) for the 2.24-acre site located south of Labore Road and East of Arcade Street. Approval is based on the following guiding principles and reasons as noted in the comprehensive land use plan: a. The proposed future land use guide would be consistent with existing zoning. b. The proposed development would provide a wider range of housing types in this neighborhood. c. The proposed future land use guide would be consistent with the comprehensive plan of Little Canada. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. 2. Approval of the lot split site plan date-stamped August 25, 2008, for a lot division request to subdivide the 2.24-acre lot located south of Labore Road and East of Arcade Street into three single family lots. This lot division approval is subject to the following conditions: a.Satisfy the requirements set forth in the staff report authored by Mr. Kummer, dated November 5, 2008. b. Satisfy the requirements set forth in the staff report authored by Ms. Finwall, dated November 7, 2008. c. Satisfy the requirements set forth in the staff report authored by Ms. Gaynor, dated November 10, 2008. d. Receive approval of final plat from the City of Little Canada for the rest of the 16-unit development. e. The applicant shall pay cash connection charges for the new vacant single-family lots for connection to the water main and sanitary sewer main. f. Deeds describing the three new legal descriptions, including the required drainage and utility easement descriptions, must be drafted and stamped by the city. Ramsey County requires this acknowledgment of approval to record the deeds. These must be recorded with Ramsey County within one year of the date of the lot division approval or the lot split will become null and void (city code requirement). g. The City of Maplewood entering into a joint powers agreement with the City of Little Canada for the provision of police and fire services and utilities. Planning Commission Minutes of 11-18-08 -8- h. Prior to issuance of a grading or building permit for the new homes on the new lots the following must be submitted to staff for approval: 1) Proof that Ramsey County has recorded the lot division. 2) A signed certificate of survey showing the location of all property lines and the location of the new homes. 3) Grading and drainage plan. 4) All necessary permits for sanitary sewer and water must be obtained. Commissioner Desai seconded Commissioners Pearson and Desai accepted a friendly amendment to divide the motion and vote separately on Item 1 and Item 2. The commission then voted on the above Item 1: Ayes - Desai, Fischer, Martin, Pearson, Walton Nays - Yarwood, Trippler, Hess The motion passed. Commissioner Yarwood said his reason for voting no is he thinks it is appropriate to keep it open space based on surrounding land uses. Commissioner Trippler said his reason for voting no is he wants to send a clear message to the city that he would like to see the city acquire the property and keep it open if possible. Commissioner Hess said his reason for voting no echoes Mr. Yarwood's and Mr. Trippler's reasons. Commissioner Trippler suggested that Item 2 be changed to say "subdivide the 2.24-acre lot located south of Labore Road and East of Arcade Street into two single family lots (Lots 3 and 4) and one outlot (Lot 2)." This friendly amendment was not accepted and the commission voted on the above Item 2 as stated: The commission then voted on the above Item 2: Ayes - Desai, Fischer, Martin, Pearson Nays - Walton, Yarwood, Trippler, Hess The vote was tied and the motion failed. VIII. VISITOR PRESENTATIONS David Himmelbach of 2970 Labore Road said due to the historical significance he inquired of the DNR was told they are not interested in purchasing any of the wetlands because it is not of a statewide biological significance. He named other agencies who might be interested in purchasing this Richie Place lot division property. Commissioner Desai suggested he might contact one of the Native American communities. Planning Commission Minutes of 11-18-08 -9- IX. COMMISSION PRESENTATIONS Upcoming Council Meetings and PC Representation: . November 24,2008: T-Mobile Monopole and Thoms' Easement Vacation: Mr. Desai X. STAFF PRESENTATIONS None XI. ADJOURNMENT The meeting was adjourned at 9:28 p.m.