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HomeMy WebLinkAbout2010-05-18 PC Minutes MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 18, 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 Present Present Present Present Present Present Present Present at 7:15 p.m. Tom Ekstrand. Citv Planner III. APPROVAL OF AGENDA Commissioner Boeser moved to approve the amended agenda, adding items 1 O.b.-Water Fest and 10.c.-Land Use and Zoning Maps. Commissioner Trippler seconded The motion passed. IV. APPROVAL OF MINUTES a. March 16 and April 6, 2010 Ayes - all The minutes of March 16 and April 6, 2010 were approved previously at the May 4 commission meeting. b. April 20, 2010 Commissioner Trippler moved to approve the amended minutes of April 20, 2010 adding "seconded" after "Commissioner Martin" on page two, changing "both" to "all three" under V.b. on page two, and changing "both" to "all 25" in the first paragraph on page three. Commissioner Pearson seconded The motion passed. V. NEW BUSINESS None VI. PUBLIC HEARINGS Ayes - Bierbaum, Boeser, Fischer, Martin, Nuss, Trippler Abstention - Desai, Pearson Planning Commission Minutes of 05-18-1 0 -2- a. Rezoning of the Undeveloped Mogren Property southwest of White Bear Avenue and County Road C from F (farm residential) to BC (business commercial). Planner Ekstrand presented the staff report for this request to rezone the undeveloped Mogren property located southwest of the intersection of White Bear Avenue and County Road C. Mr. Ekstrand explained the reason for this rezoning is to bring the zoning of this property into conformance with the commercial comprehensive land use plan designation. Commissioners discussed possibly rezoning this property as LBC (limited business commercial) as a buffer between the business commercial zoning to the east and the residential to the west. A commissioner noted that there is no other limited business commercial buffer zoning in this area. Some commissioners objected to a business commercial use adjacent to the residential area. The public hearing was opened for comments from the public: Eva Porter, owner of the adjacent car wash, said the current driveway is shared for this property and asked if it were rezoned commercial if this would be the only ingress/egress to this land. Staff responded that this is a main entrance/exit, but there is another entrance/exit possible on White Bear Avenue. Ms. Porter asked if the planned development would cover the entire parcel. Staff responded that the potential plan would include the entire parcel, since the owner of the property wants to move his landscaping business to this land. Arline Frolker, 1883 County Road C, said she is concerned that this development would eventually take some of the houses to the west and she is concerned with the noise and dust. Ms. Frolker said she is opposed to the commercial rezoning. Rick Johnson, 1861 County Road C, ask why this property needs to be rezoned commercial. Staff explained the comprehensive land use designation and that state statute requires the zoning to be in conformance. Mr. Johnson said he is opposed to the commercial rezoning. Eva Porter spoke again saying that if there is no other ingress/egress, the County Road C driveway cannot support business commercial. Arline Frolker spoke again saying she does not think the County Road C driveway can support any other traffic and it would be dangerous to get out of her driveway. A commissioner noted that a portion of this property is already zoned business commercial and if the limited business commercial were applied to the current farm zoning portion, there would continue to be two different zonings on the parcel. There were no further comments from the public; the public hearing was closed. Planning Commission Minutes of 05-18-1 0 -3- Commissioner Yarwood moved to approve the rezoning of the undeveloped property located southwest of the intersection of White Bear Avenue and County Road C between Regal Car Wash and the former Super America fuel station from F (farm residential) and BC (business commercial) to LBC (limited business commercial). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. Commissioner Boeser seconded The commission discussed the motion which changes the property owner's current business commercial zoning designation and the possible legal ramifications. It was decided to table this item until the city attorney can give a legal opinion and the property owner and all interested people can attend and be heard. It was noted that this property has not been sitting idle over the years, but there have been several attempts in the past to develop this property with a business commercial zoning. Commissioner Desai moved to table this item to the next meeting. Commissioner Martin seconded Ayes-5 Nays-4 The motion to table passed. A commissioner requested that the city attorney either be present at the next meeting or provide the commission with written direction as to the possible rezoning of this entire parcel from business commercial to limited business commercial. b. Rezoning of the Vacant Property South of Lower Afton Road and west of the fire station from F (farm residential) to R3 (multi-family residential) Planner Ekstrand presented the staff report for this request to rezone the undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums from farm residential to multi-family residential. Mr. Ekstrand explained the reason for this rezoning is to bring the zoning of this property into conformance with the medium density residential comprehensive land use plan designation. Commissioner Martin said he lives in this neighborhood and received the public hearing notice on this item, so he plans to abstain from voting on this item. The public hearing was opened to the public. Ms. Hutton objected to Commissioner Martin's plan to abstain from voting on this item. Planning Commission Minutes of 05-18-1 0 -4- Phil Barrett asked if there is another classification dealing with green space and woods. Planner Ekstrand responded that there is no environmental classification, but there are environmental ordinances that deal with trees and wetlands regardless of the land use designation or zoning. Mr. Barrett asked if it could be acknowledged that this is a wetland. Planner Ekstrand explained how the comprehensive plan designates land use and state statute mandates that the zoning must match the land use. A commissioner suggested that Mr. Barrett contact a city council member to discuss this issue and see if the council would consider this issue. Lou Cebeck of Connemara II asked if this is developmental driven or is a rezoning issue. Planner Ekstrand responded this is a rezoning issue and no development proposal has been received. Mr. Cebeck suggested a R1 or R2 zoning. Ms. Kaiser of Connemara II doesn't think more multiple dwellings can be supported due to traffic issues and asked if traffic studies have been done. Planner Ekstrand said there is no development proposed, so no traffic study would have been done at this time. A man spoke who did not give his name said that the roads in this area cannot support additional development and this is a wildlife area. Chris Little, a part-owner of this property, said that they have done wetland studies and out of the 15-acre parcel, approximately four acres is developable and the balance will remain wetland when developed. There were no further comments; the public hearing was closed. Commissioner Bierbaum moved to approve the rezoning of the undeveloped property located on the south side of Lower Afton Road, north of Connemara Condominiums from F (farm residential) to R3 (multiple dwelling residential). This rezoning is based on Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. Commissioner Desai seconded Ayes - Bierbaum, Boeser, Desai, Fischer, Nuss, Pearson, Trippler, Yarwood Abstention - Martin The motion passed. VII. UNFINISHED BUSINESS a. Reconsideration of the Rezoning of the Lots Fronting on Dorland Road, Heights Avenue and Overlook Circle from R1 (single-dwelling residential) to R1 R (rural conservation dwelling district) Planner Tom Ekstrand presented the staff report for this rezoning of 25 single dwellings located along Dorland Road. Planner Ekstrand explained that this rezoning was previously considered by the commission and who recommended to the city council an RE 30 (residential estate) zoning designation. The city council disagrees with the RE 30 classification and wants to use the R-1 R (rural conservation dwelling district) classification for these homes so that they are consistent with other residentially zoned properties nearby. The city council directed staff to bring this rezoning back Planning Commission Minutes of 05-18-1 0 -5- to the commission for their information and comment. Commissioner Trippler asked what would happen if one of these homes burned to the ground and needed to be completely rebuilt. These homes would not meet the R-1 R designation. Planner Ekstrand responded the owner would most likely need to apply for a variance to rebuild. Commissioner Boeser said this would create more process and be an unnecessary step and he supports keeping the RE 30 recommendation and he is not in favor of recommending the R-1 R classification. Commissioner Nuss said she is in favor of the keeping the RE 30 recommendation and not making it a nonconforming use. Commissioner Yarwood said that though it is unlikely, this land may developed sometime in the next 30 years in a different way and to be consistent with other areas in south Maplewood, R-1 R may not be an inappropriate zoning for this area. Commissioner Trippler moved disapproval of the rezoning of the single-family dwellings fronting on Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to R-1 R (rural conservation dwelling district). Commissioner Pearson seconded The motion passed. Ayes - all Commissioner Boeser said that if the city council does not agree with the commission's recommendation and is going to change it anyway, they should go ahead and approve the change but not send it back to the commission for reconsideration. VIII. VISITOR PRESENTATIONS a. Concept Plan Review: Multi-Family Development Concept Proposal by John Fallin, Feed Products North, 1300 McKnight Road Planner Ekstrand presented the staff report for this request from John Fallin owner of Feed Products North to review a multi-family development concept for his property. John Fallin, owner of Feed Products North, explained the various zoning districts adjacent to his property and said his feed business is a nonconforming use in this area and he is considering a use that is more conforming to the area. Mr. Fallin said his business is growing and he needs a large expansion area. Mr. Fallin said he needs to consider whether to proceed with the expansion at this site or find a use that is better suited and more conforming to the surrounding area. Commissioner Nuss said she does not think that adding 195 multi-family units would stabilize a neighborhood and would not be beneficial. Commissioner Yarwood said he would be supportive of a conversion to residential use, but would favor a lower density and he feels the neighbors would welcome a residential use also. Planning Commission Minutes of 05-18-1 0 -6- Mr. Fallin responded that from previous meetings with the neighbors, the major concern is with traffic. Mr. Fallin described some possible solutions to traffic accessing the property. Commissioner Pearson said he has concerns with the area east of the feed business where the city has dumped street sweepings and also, old landfills that have not been taken care of. Mr. Pearson said these things need to be taken care of in these landlocked areas that are not accessible and may never get properly sealed. Mr. Pearson said Mr. Fallin has been a good neighbor and he has additional room to expand if he needs to build another building. Commissioner Trippler said he would hate to see the city lose a good, prosperous business, but he does think a residential development would fit in with this neighborhood, as long as the people can get from the east under the bridge and over to old McKnight and onto Maryland to make a left-hand turn. Mr. Fallin responded to the comments on traffic that they have semi trucks pulling out onto the roadway today and if he expands, there will be increased truck traffic. Mr. Fallin said if Feed Products stays the truck traffic will increase, but car traffic would also increase with additional housing. Mr. Fallin noted that how the additional traffic is handled is number one. Commissioner Boeser said he feels it is mutually beneficial for the city and Mr. Fallin to have an expansion of his successful business Commissioner Martin suggested that since Mr. Fallin is considering the best use for this property, that he contact the business and economic development commission. Planner Ekstrand clarified that Feed Products is a conforming use for this property although Mr. Fallin used the term nonconforming property. IX. COMMISSION PRESENTATIONS a. May 10, 2010 City Council Meeting: Commissioner Yarwood reported on this meeting. b. Upcoming City Council Meeting of May 24, 2010: No items scheduled. c. Internet Antenna Tower Article Commissioner Trippler discussed an article on an antenna tower. Planning Commission Minutes of 05-18-1 0 -7- X. STAFF PRESENTATIONS a. Oath of Office Planner Ekstrand explained that state statute requires that all elected or appointed officials must swear an oath of office. Mr. Ekstrand swore in all planning commissioners with the oath of office. b. Water Fest-Watershed District Planner Ekstrand noted the upcoming Water Fest event sponsored by the Watershed District. c. Land Use Plan and Zoning Maps Planner Ekstrand distributed land use plan and zoning maps. XI. ADJOURNMENT The meeting was adjourned at 9:45 p.m.