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HomeMy WebLinkAbout04/19/20041. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, April 19, 2004, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. April 5, 2004 5. Public Hearings None 6. New Business a. Kennard Street right-of-way vacation (north of Sextant Avenue) Conditional Use Permits- Peltier (1236 Kohlman Avenue) Expansion of Non-Conforming Residential Use Over-Sized Accessory Structure Co Toenjes Hills Estates (McMenemey Street) Vacations Preliminary Plat 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. April 12 Council Meeting: ?? (was to be Mr. Trippler) b. April 26 Council Meeting: Mr. Desai c. May 10 Council Meeting: Mr. Mueller 10. Staff Presentations 11. Adjoumment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 19, 2004 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Chairperson Lorraine Fischer Commissioner Jeff Bartol Vice-Chairperson Tushar Desai Commissioner Mary Dierich Commissioner Paul Mueller Commissioner Gary Pearson Commissioner Dale Trippler Present Present Present Absent Present Present Absent Staff Present: Ken Roberts, Planner Chris Cavett, Assistant City Engineer Lisa Kroll, Recording Secretary III. APPROVAL OFAGENDA Commissioner Pearson moved to approve the agenda. Commissioner Desai seconded. Ayes-Bartol, Desai. Fischer, Mueller, Pearson The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for April 5, 2004. Commissioner Pearson moved to approve the planning commission minutes for April 5, 2004. Commissioner Desai seconded. Ayes-Bartol, Desai. Fischer, Mueller, Pearson V. PUBLIC HEARING None. VI. NEW BUSINESS a. Kennard Street right-of-way vacation (north of Sextant Avenue) Mr. Roberts said Mr. Tom LaBarre, the adjacent property owner, is proposing that the city vacate an existing street right-of-way. Planning Commission Minutes of 04-19-04 -2- Mr. Roberts said this right-of-way is for Kennard Street and is between the property at 1655 Sextant Street and Four Seasons Park. The request for the vacation is because the city has no need for the existing right-of-way. The city and the adjacent property owners have no plans to build a street in this location. Commissioner Bartol asked if it would be appropriate to get permission from the property owners at 2452 and 2474 to see if they were comfortable with the street vacation on Kennard Street because of access issues? Mr. Roberts said because the city does not build streets on 30-foot wide right-of-ways and because of the topography of the property it seemed unlikely a street would go through that area. The staff is recommending the city keep the utility easement over the right-of-way so if sewer or water needed to be put in that could occur with the easement. Commissioner Bartol asked if the property owners of 2452 and 2474 wanted Kennard Street extended the city would not extend the street? Mr. Roberts said he would be very surprised if the city would extend Kennard Street but Chris Cavett, the Assistant City Engineer may have a better explanation. Mr. Cavett said as part of the neighborhood street reconstruction project the city had discussions with the property owners. He said the city had a discussion with the property owner's children at 2452 and has said they have no plans to develop the area. The city believes the property owner's decision not to develop the property may change and felt putting a cul-de-sac in off of Germain Street would make the most sense. Chairperson Fischer asked the applicant to address the commission. Mr. Tom LaBarre, the applicant residing at 1655 Sextant Avenue East, Maplewood, addressed the commission. He asked how much of the easement the city would maintain? Mr. Cavett said the city has proposed that the entire 30-foot easement would be maintained in case city sewer and water would have to be put in which would provide adequate width. He said having an easement would change the setbacks to the property and any structure could be built up to the easement line. Mr. LaBarre said if he obtains the vacated property his property taxes would go up. He said if the city could take the property back from him at anytime then what would this right-of-way vacation do for him? Mr. Roberts said he is not convinced Mr. LaBarre's property taxes would go up because taxes are based on the total value of your property, and typically 80-90% of the property value is for the structure and the rest for the value of the land. He said property value is going up in the whole area and not just because Mr. LaBarre would gain a small amount of additional land. Mr. LaBarre would still retain ownership of the land, the easement rights just give the city the right to put utilities underground if needed in the future. Mr. Roberts said Mr. LaBarre gets to use the land above the ground and the city has the right to use the property below the ground. Planning Commission Minutes of 04-19-04 -3- Mr. LaBarre asked if he obtained the vacationed property could he remove the Box Elder tree that is located on the property? Mr. Roberts said yes. Commissioner Pearson moved to approve the resolution on page ei~lht of the staff report. This resolution is for the vacation of the unused Kennard Street right-of-way north of Sextant Avenue. The reasons for the vacation are as follows: It is in the public interest. The existing right-of-way is not used or needed for street purposes. The adjacent properties have adequate street access. This vacation is subject to the city keeping a drainage and utility easement over the entire vacated right-of-way. Commissioner Bartol seconded. Ayes-Bartol, Desai. Fischer, Mueller, Pearson The motion passed. This item goes to the city council on May 10, 2004. b. Conditional Use Permits - Peltier (1236 Kohlman Avenue) Mr. Roberts said Steven Peltier is proposing to construct a 1,344 square foot detached accessory structure for the storage of his antique automobiles. The structure will be located in the rear yard of his residential property at 1236 Kohlman Avenue. Chairperson Fischer asked the applicant to address the commission. The applicant, Mr. Steven Peltier, residing at 1236 Kohlman Avenue, Maplewood, addressed the commission. Mr. Peltier said he is currently paying to store his antique cars and that is the reason he would like to build a garage. He currently has a single-car garage, which has no storage. Mr. Peltier brought a letter from one of his neighbors Angus Meats stating they are okay with the building of his garage. Mr. Roberts said staff would include the additional letter in the file for the city council report for their next meeting. Commissioner Pearson asked if the estimate on page 14 of the staff report was part of this proposal? The letter from Horizon Landscape & Design, Inc. proposes a drainage swale and he asked if the applicant was going to use a drainage swale or the rainwater gardens as proposed by staff? Mr. Cavett said Mr. Peltier had gotten proposals from 3 different contractors showing 3 different options and has proposed to use the rainwater gardens. As part of his garage building permit the city would be working with Mr. Peltier not only on erosion control issues but to ensure everything works well. Planning Commission Minutes of 04-19-04 -4- Commissioner Pearson wanted to ensure that plan was "a" proposal and not "the" proposal. Mr. Cavett said correct, it was only "a" proposal to have the drainage swale not "the" final plan. Commissioner Mueller moved to adopt the resolution on pages 19 and 20 of the staff report. This resolution approves a conditional use permit for the expansion of a nonconforming residential use to add a detached accessory structure to a property in a light-manufacturing (M-l) zoning district at 1236 Kohlman Avenue. Approval is based on the findings required by the code and subject to: Expansion of the nonconforming residential use applies to the construction of a 1,344 square foot detached accessory structure. Any future addition or accessory structure will require a separate conditional use permit approved by the city council. b. Expansion of the nonconforming residential use must follow the site plan approved by the city. The director of community development may approve minor changes. c. The proposed expansion must be started within one year after approval or the permit will end. The city council may extend this deadline for one year. d. The conditional use permit shall be reviewed by the city council in one year. Commissioner Mueller moved to adopt the resolution on pages 21 and 22 of the staff report. This resolution approves a conditional use permit for an oversized accessory structure. Approval is based on the findings required by the code and subject to: a. The detached accessory structure is limited in size to 1,344 square feet in area and 19 feet in height, as measured from ground grade to the peak of the roof. Impervious surface for the driveway is limited to a concrete parking pad in front of the garage that is no larger than 28 feet wide by 20 feet deep, with the remainder of the driveway as gravel. Any additional impervious surface will bring the property over the allowable 50 percent impervious surface coverage as required by city code in the Kohlman Lake Shoreland Overlay District will require city council approval of an impervious surface variance. c. Prior to issuance of a grading or building permit, the following must be submitted and approved by city staff. 1.) Samples of exterior materials and colors used on the detached accessory structure. The materials and colors must be compatible to the house. 2.) A $1,000 grading escrow to ensure the completion of the required rainwater/infiltration gardens. d. The following conditions apply to the excavation and continued maintenance of drainage of the site: 1 .) Grade driveway to drain to the rainwater garden. 2.) Use a clean river rock for the gravel part of driveway to allow for infiltration. Planning Commission Minutes of 04-19-04 fo -5- 3.) Care will need to be taken during the construction of the rainwater gardens to ensure they will infiltrate. The detached accessory structure is approved only for residential use of the owner or occupant and shall not be used for commercial or business purposes. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed construction must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. Commissioner Pearson seconded. The conditional use permit shall be reviewed by the city council in one year. Ayes-Bartol, Desai. Fischer, Mueller, Pearson The motion passed. This item goes to the city council on May 10, 2004. c. Toenjes Hills Estates (McMenemy Street) Mr. Hugh Toenjes, representing the property owner, is proposing to develop a six-lot plat for single dwellings called Toenjes Hills Estates. It would be on a two-acre site on the east side of McMenemy Street, north of Roselawn Avenue. Commissioner Desai asked where the drainage from pond number 2 was currently going? Mr. Cavett said pond number 2 outlets onto the applicant's property and flows over land and goes down into the Roselawn pond, basically where the drainage is proposed to go. Commissioner Bartol asked if vacating this property would affect the property owners at 1944 McMenemy Street and 353 Roselawn Avenue? Mr. Roberts said Mr. Toenjes tried to contact those two property owners to put a plan together for all three of the properties but could not come to an agreement. Therefore, Mr. Toenjes proceeded with his plan because he could no longer wait. He said the city is leaving the Edgemont right-of-way next to these two properties for the future use of the two owners. Commissioner Bartol said that was unfortunate because in his opinion this plan would have resulted in a better plan if the development were larger. He thinks the six homes would be very closely pinched together in a Iow area. Chairperson Fischer asked the applicant to address the commission. Planning Commission Minutes of 04-19-04 -6- Mr. Tim Freeman addressed the commission as the representative for owners Hugh and Herb Toenjes. He is a land planner and surveyor with Folz, Freeman, Erickson, Inc., 5620 Memorial Avenue North, Stillwater. He said the staff has done a very comprehensive job of reviewing this subdivision and have been very professional in working with the applicants to resolve the issues that have risen. He said they have reviewed the staff report and do not have any issues with the staff report or the conditions listed. Commissioner Mueller said he is having a difficult time trying to imagine how large these lots would be and asked how large the homes would be that would be built on each of these six lots? Mr. Freeman said these six lots are more than 10,000 square feet and are large enough to have ramblers built on them and large enough to have houses with four bedrooms built. Mr. Roberts said he sees this area to be similar in size to the seven single-family lots and homes that were built a few years ago on Burke Circle. Chairperson Fischer asked the applicant if he had any problems with increasing the width of the lots from 95 to 100 feet wide? Mr. Freeman said no, those changes have already been made to the plans. However, they did not have enough time to get the changes to staff in time for the planning commission meeting tonight. Commissioner Pearson asked if the Watershed District had finished their review of this plan yet? Mr. Roberts said the Watershed District report is still pending. The Watershed District started their review but had some comments. The Watershed District received new information but city staff has not received those comments yet. Commissioner Pearson said he wasn't comfortable with the elevation difference on this plan but trusting the Watershed Districts report and staff's assessment of the plan he feels comfortable enough to make the motion. Commissioner Pearson moved to approve the resolution on page 32 of the staff report. These resolutions are for the vacation of the unused Edgemont Street right-of-way and unused alley and excess drainage easements on the property for the site of the Toenjes Hills Estates plat. The city is vacating these because: 1. It is in the public interest. 2. The city and the property owner have no plans to build a street or an alley in the existing right-of-ways. 3. The developer will be dedicating a new right-of-way and new easements with the final plat. Commissioner Pearson moved to approve the Toenjes Hills preliminary plat (received by the city on April 1,2004). The developer shall complete the following before the city council approves the final plat: Planning Commission Minutes of 04-19-04 -7- 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. Have Xcel Energy install Group V rate streetlights in two locations - primarily at the street intersections and at the east end of the cul-de-sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten- foot drainage and utility easements along the front and rear lot lines of each lot and five- foot drainage and utility easements along the side lot lines of each lot). Pay the city for the cost of traffic-control, street identification, and no parking signs. Provide all required and necessary easements, including any off-site easements. Demolish or remove the existing shed from the site, and remove all other buildings, fencing, scrap metal, debris and junk from the site. Cap and seal all wells on site; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. Complete all curb on McMenemy Street on the west side of the site. This is to replace the existing driveways on McMenemy Street, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail and street plans. The plans shall meet all the conditions and changes listed in the memo from Erin LaBeree dated April 12, 2004, and shall meet the following conditions: The erosion control plans shall be consistent with the city code and shall be extremely detained to the satisfaction of the city engineer. The (1) grading plan shall show: The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades as allowed by the city engineer. Planning Commission Minutes of 04-19-04 -8- (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b. Shows no tree removal beyond the approved grading and tree limits. Changes the proposed Colorado Blue Spruce trees on the planting plans with other species that are more native and compatible to the climate and conditions in Maplewood. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. c. The street and utility plans shall show: (1) The street with a width of 28 feet (with parking on one side), shall be a 9-ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The new street (Toenjes Place) with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing is necessary. (3) The completion or replacement of the curb on the east side of McMenemy Street and the restoration and sodding of the boulevards. (4) Repair of McMenemy Street (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Planning Commission Minutes of 04-19-04 eo -9- (6) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (9) The cul-de-sac with a minimum pavement radius of at least 42 feet. (10) Label McMenemy Street and the new street as Toenjes Place on all construction and project plans. The drainage plan shall ensure that there is no increase in the rate of storm water run- off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. A landscape plan for the areas along the street and the ponding areas. The coniferous trees shall be at Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. 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. c. Revise the plans and lot layout to: 1. Accommodate a 20-foot-wide pedestrian way for a trail from the cul-de-sac to the city park. 2. Make the corner lots at least 100 feet wide on each street. 3. Show the street right-of-way with a width of 60 feet and the cul-de-sac with a right-of-way radius of 55 feet. 4. Show house pads that meet all city setback requirements. Pay for costs related to the engineering department's review of the construction plans. Planning Commission -10- Minutes of 04-19-04 5. Secure and provide all required easements for the development including any off-site drainage utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond on the north side of the plat and paying the city for easement for the ponding area on the park property. 6. The developer shall complete all site grading and retaining wall construction. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage and ponding areas, install all retaining walls, install the landscaping and replacement trees, install all other necessary improvements and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of McMenemy Street (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all requirements of the city engineer. 8. Record the following with the final plat: a. Any homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots I and 6 from going onto McMenemy Street. c. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 9. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA). 11. The property owner shall submit a petition to the city requesting the installation of the public improvements. 12. If the developer decides to final plat part of the preliminary plat, the director of community development 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. Planning Commission Minutes of 04-19-04 Commissioner Desai seconded. -11- The motion passed. Ayes-Bartol, Desai. Fischer, Mueller, Pearson This item goes to the city council on May 10, 2004. VII. UNFINISHED BUSINESS VIII. None. VISITOR PRESENTATIONS Mr. Larry Aim with Southwind Builders, Inc., White Bear Lake, addressed the commission. He said he has been working with Chuck Ahl and Melinda Coleman regarding a development plan for the property north of St. John's Hospital on Hazelwood Avenue. Mr. Aim said that he wanted to get input from the planning commission regarding his plans. He distributed preliminary plans for the Cottages at Legacy Village that he wants to build on this site. He was looking for feedback and welcomed comments from the commission. The 32-detached townhome units would have two bedrooms and would be built with either a crawl space or a basement. The size of these units range from 1,440 square feet for the smallest unit to 1,587 for the larger units including a two-car garage which is 480-square feet. The prices range from $200,000 to $215,000 for these detached townhome units and there would be an association. Southwind Builders recently built 47 detached townhome units in Brooklyn Park and are currently building similar homes in Hugo. The demographics for these types of homes are either first time homeowners, adults without multiple children, or retired adults. These detached townhome units have very short driveways for a reason, the idea is to keep vehicles parked in the garage and not on the driveway. They would also provide off-street parking for visitors and 60% green space. The planning commission asked Mr. Aim several questions and provided Mr. Aim with comments about the sketch plan he showed them. IX. COMMISSION PRESENTATIONS a. Mr. Trippler was the planning commission representative at the April 12, 2004, city council meeting. Mr. Roberts said Mr. Trippler was present at the meeting however, he is on vacation. Mr. Roberts reported items discussed included the Easement Vacation - Van Dyke Village (Van Dyke Street, which was approved and the Venburg Tire (Highway 61 North) Setback Variance and Conditional Use Permit, which was approved. b. Mr. Desai will be the planning commission representative at the April 26, 2004, city council meeting. Mr. Roberts said items to be discussed include the Alley Vacation (East of English Street south of County Road B (North of 2200 English Street), and the Land Use Plan Change and Zoning Map Change for the proposed DQ Chill and Grill (West of 1760 Beam Avenue). Planning Commission Minutes of 04-19-04 -12- c. Mr. Mueller will be the planning commission representative at the May 10, 2004, city council meeting. Items to discuss include the Kennard Street right-of-way vacation (north of Sextant Avenue), conditional use permit, expansion of non-conforming residential use, an over-sized accessory structure for Steven Peltier at 1236 Kohlman Avenue, and the Toenjes Hills Estates (McMenemy Street) vacations and preliminary plat. X. STAFF PRESENTATIONS Mr. Roberts said at the May 3, 2004, planning commission meeting they will be discussing Mounds Park Academy's building expansion at 2051 Larpenteur Avenue. Mr. Roberts said Ms. Finwall is working on a proposal for the Maplewood I theatre site off White Bear Avenue and County Road D. The plan is to demolish the movie theatre building and subdivide the property into four or five commercial lots for a future jewelry store and two restaurants. The other commercial uses are unknown at this time. Mr. Roberts said the May 17th, 2004, planning commission meeting will include the annual CIP review. Mr. Roberts stated that he received an application for Walgreen's to build a new store at the corner of White Bear Avenue and Beam Avenue on the vacant property next to the MGM liquor store. Xl. ADJOURNMENT The meeting was adjourned at 8:23 p.m.