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HomeMy WebLinkAbout2010-02-16 PC Minutes MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, FEBRUARY 16, 2010 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner AI Bierbaum Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Robert Martin Commissioner Tanya Nuss Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Jeremy Yarwood City Staff Present: Present Absent Present Present Present Present Present Absent Present Tom Ekstrand. Citv Planner Steve Kummer. Staff Enqineer III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda as submitted. Commissioner Desai seconded Ayes - all The motion passed. IV. APPROVAL OF MINUTES a. January 19, 2010 Commissioner Pearson moved approval of the minutes of January 19, 2010 as submitted. Commissioner Desai seconded Ayes - Desai, Fischer, Pearson, Yarwood Abstentions - Bierbaum, Martin, Nuss The motion passed. V. PUBLIC HEARING a. 7:03 p.m.: Rezoning of Land Bounded by Highway 61, Larpenteur Avenue and Parkway Drive from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use) Planner Tom Ekstrand presented the staff report, explaining that this rezoning needs to be completed to be in conformance with the land use classifications of the 2030 Comprehensive Plan recently adopted by the city council. Planner Ekstrand said the city has not been approached with any commercial interest in this property at this time. The public hearing was opened for comments from the public. Gary Blair, a commercial property owner in this area, spoke about previous attempts to develop his property. Staff explained that a large part of the difficulty in developing his property has been that it is situated on land controlled by the Shoreland Ordinance and that would not change with this rezoning. Planning Commission Minutes of 02-16-1 0 -2- Mr. Blair had specific questions about the setback requirements in the mixed use ordinance. Staff gave Mr. Blair a copy of the Mixed Use ordinance provisions and asked him to call if he had additional questions. There were no further comments from the public; the public hearing was closed. Commissioner Pearson moved to approve the rezoning of the property bounded by Larpenteur Avenue, Parkway Drive and Highway 61 (Arcade Street) from R1 (single dwelling residential) and BC (business commercial) to MU (mixed use). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the adopted comprehensive land use plan classification. Commissioner Desai seconded Ayes - Bierbaum, Desai, Fischer, Martin, Nuss, Pearson, Yarwood The motion passed. b. 7:20 p.m.: Rezoning of 2255 Duluth Street from M1 (light manufacturing) to R1 (single dwelling residential) Planner Ekstrand presented the staff report, explaining that this rezoning also needs to be completed to be in conformance with the land use classifications of the 2030 Comprehensive Plan recently adopted by the city council. Gordon Anderson, the affected property owner spoke, saying he bought this property and built his home on it 50 years ago and has lived there ever since. During the update of the comprehensive plan, he requested that his property be rezoned from light manufacturing to residential. There were no further comments from the public; the public hearing was closed. Commissioner Pearson moved to approve the rezoning of 2255 Duluth Street from M1 (light manufacturing) to R1 (single dwelling residential). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of this property into conformance with the newly adopted comprehensive land use plan classification. Commissioner Yarwood seconded Ayes-Bierbaum, Desai, Fischer, Martin, Nuss, Pearson, Yarwood The motion passed. c. 7:30 p.m.: Gervais Woods Preliminary Plat, Final Plat and Lot Area Variance, South of Labore Road and East of Arcade Street Planner Ekstrand presented the staff report for this request by Landmark Development of Minnesota to develop eleven single-dwelling lots in a subdivision called Gervais Woods. Staff explained a change in the staff recommendation relating to Outlot C. Staff explained the staff report recommends the creation of Outlot C. Subsequently, after further consideration, staff is revising that recommendation to require that Outlot C be part of Lot 5, Block 2 and not a stand-alone lot. The county has recommended that the city take care not to create land-locked, stand-alone lots as the have the potential to go tax forfeit. The public hearing was opened for comments from the public. Planning Commission Minutes of 02-16-1 0 -3- The applicant, Nathan Fair who is with Hanson Builders and Landmark Development, discussed the preliminary agreement with Mr. and Mrs. Gores for acquiring Outlot C. Mr. Fair suggested that a stipulation be put in the developer's contract that if the sale of Outlot C to the Gores has not happened within 120 days of filing the final plat, he would give Outlot C to the city for use as open space property. John and Jolene Gores, 2870 Arcade Street, said they have a letter of agreement dated January 14 with Landmark Development and are ready to purchase Outlot C, but it cannot be done until Outlot C is created. The Gores discussed potential flooding on their property, possibly coming from future development on the back of Lot 5. Staff responded that any grading or development in the back of Lot 5 would require approval from the city. David Himmelbach, 2970 Labore Road, Little Canada, commented on his objections to this development which he said are archaeology of stub road site, presence of northern cricket frogs and buckthorn removal. There were no further comments from the public; the public hearing was closed. Staff discussed possible language to be added concerning the sale of Outlot C and suggested the following language be added: within 120 days of the final plat recording, the applicant shall sell Outlot C to Mr. and Mrs. Gores of 2870 Arcade Street, to be combined with their property. If that does not take place, the land shall be given to the City of Maplewood for open space purposes. Staff engineer Steve Kummer suggested that the approved language regarding Outlot C should be added into the developer's agreement. 1. Commissioner Yarwood moved to approve the preliminary and final plat for Landmark Development of Minnesota for the proposed eleven lot Gervais Woods single-family subdivision located south of Labore Road and East of Arcade Street. This subdivision is subject to the following conditions: a. Comply with the conditions of approval in the report by Shann Finwall, the Maplewood environmental planner and Ginny Gaynor, natural resources coordinator dated January 27, 2010. b. Comply with the conditions of approval in the engineering report by Steve Kummer, Maplewood staff engineer, dated February 8, 2010. c. Approval of a final plat for Gervais Woods from the City of Little Canada. d. The Cities of Little Canada and Maplewood shall enter into an agreement as to the provIsions of police, fire, code enforcement services and utilities. It is the recommendation of the Maplewood city council that Little Canada provide these services since the proposed four southerly homes would be addressed in Little Canada. e. The accessory building, swimming pool and any other "back yard" construction requirements of Little Canada shall apply to the Maplewood portions of the southerly four parcels. However, any construction in the City of Maplewood shall require that the builder obtain a building permit from the City of Maplewood if required by code. f. The proposed homes on the southerly four lots of this subdivision shall be constructed in the footprints shown on the applicant's plans. This would require that they be located in the City of Little Canada. Planning Commission Minutes of 02-16-1 0 -4- g. Within 120 days of recording the final plat, the applicant shall sell Outlot C to Mr. and Mrs. Gores of 2870 Arcade Street to be legally combined with their property. If that does not take place, the applicant shall give Outlot C to the city for open space as he proposed to the planning commission. This shall be a condition of the developer's agreement. h. Approval is conditioned upon the applicant providing five, six-foot-tall evergreen trees between the home on proposed Lot 5, Block 2 and the neighboring house at 2870 Arcade Street. 2. Adoption of the attached resolution approving lot area variances for Lot 2, Block 2, with 2,378 square feet in Maplewood and of Lot 5, Block 2, with 7,758 square feet in Maplewood. Approval is based on the following findings: a. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. This situation is unique because credit for lot area can't be given for land outside of Maplewood. If the entire site was in Maplewood, the question of lot area would not be an issue. b. The variance would be in keeping with the spirit and intent of the ordinance, since the proposed southerly lots would have more lot area than is required by both the Cities of Little Canada and Maplewood. Commissioner Pearson seconded The motion passed. Ayes - all VI. NEW BUSINESS None VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. City Council Meeting of January 25,2010: Planner Ekstrand reported on this meeting. b. City Council Meeting of February 8,2010: Commissioner Fischer reported on this meeting. c. City Council Meeting of February 22,010: Commissioner Martin will attend. X. STAFF PRESENTATIONS Planner Ekstrand welcomed the new planning commissioners and explained that commissioners are scheduled to represent the commission at city council meetings. Planner Ekstrand said he will revise the schedule to include the new commissioners. XI. ADJOURNMENT The meeting was adjourned at 8:45 p.m.