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HomeMy WebLinkAbout2010-07-06 PC Minutes MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 06, 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 Absent Present at 7:05 p.m. Tom Ekstrand. Citv Planner Chuck Ahl. Assistant Citv Manaqer 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. June 15, 2010 Commissioner Pearson moved to approve the minutes of June 15, 2010, as submitted. Commissioner Desai seconded The motion passed. V. PUBLIC HEARING Ayes - Bierbaum, Boeser, Desai, Martin, Pearson Abstention - Fischer, Nuss a. Conditional Use Permit Revision for Rolling Hills of Maplewood Mobile Home Park 151 and 2nd Additions, 1316 Pearson Drive Planner Tom Ekstrand presented the staff report for this request for city council approval of a revision to the conditional use permit requirements for Rolling Hills 151 and 2nd Additions. The applicant is requesting that the park owner be allowed to move in used homes, but the conditional use permit requires that all homes brought into the park are new homes. Planner Ekstrand said the homeowners' association asked that homes older than 12 years not be allowed to move into the park. Mr. Ekstrand explained the homeowners' association feels that homes older than 12 years should not be allowed to be moved in, since many homes older than 12 years have deficient materials used in their plumbing. Planning Commission Minutes of 07-06-10 -2- Commissioner Pearson said he does not support a restriction on the age of a home to be moved in and feels this would not be protective of the homeowners living in the park now with homes that may be older than 12 years. Mr. Pearson said the deficient plumbing material noted was previously handled by a class-action lawsuit and there should be very few homes in existence with this material. Mr. Pearson said that if a home meets the park's and the community's appearance standards and has the HUD seal, it is resellable to remain in the community. Mr. Pearson said the city inspects the installation of the homes and enforces code standards. Thomas DeVincke, the attorney representing Mesa Dunes MCH Investors LLC, the owners of Rolling Hills mobile home park, said that if a manufactured home meets the HUD code, federal statute is clear that no other government agency can legislate to the contrary. Mr. DeVincke said that the homeowners' association does not have the authority to legislate plumbing changes in the home after the city has acted. The public hearing was opened for comments; the following people spoke: Paul Ruby, 1334 Pearson Drive, Rolling Hills mobile home park, asked that Commissioner Gary Pearson be removed from considering this agenda item, since he is an owner in another mobile home park. Commissioner Pearson said he is part-owner in Beaver Lake Estates mobile home park, but he has no ownership in Rolling Hills park and his considering this item would not affect him in any manner. Mr. Ruby was concerned that the city would be allowing substandard mobile homes into this park. Planner Ekstrand responded saying on receipt of a letter from Mr. Ruby requesting that Commissioner Pearson step down from consideration of this item, he contacted the city attorney for an opinion on the request. City attorney Alan Kantrud did not see a conflict of interest with Commissioner Pearson's considering this item. Commissioner Martin noted that the planning commission's consideration of this item is limited to the Rolling Hills' conditional use permit and does not pertain to any other property. Commissioners commented that city inspectors would inspect any homes coming into the park and would require that mobile homes be brought up to codes, including any plumbing that does not meet code. Commissioners also noted that the mobile home park requires that mobile home owners follow the park and community appearance standards for their homes. A resident of Rolling Hills mobile home park spoke noting the safety aspects of this mobile home park for single moms and that most of the Rolling Hills homeowners take care of their home. There were no further comments; the public hearing was closed. Commissioner Martin asked staff if the city has any recourse for problems with maintaining mobile homes in the park. Planner Ekstrand said that the city will respond to any complaint on housing and has recently been working with a mobile home owner in response to a siding complaint. Mr. Ekstrand explained that if it involves the conditions of approval for the park, the city can then work with the mobile home park owner through the conditional use permit. Planning Commission Minutes of 07-06-10 -3- Commissioner Boeser moved the adoption of the resolution approving a conditional use permit revision for Rolling Hills of Maplewood Mobile Home Park 151 and 2nd Additions. Approval is subject to the findings required by ordinance and subject to the following conditions (deletions are crossed out and additions are underlined): Rolling Hills 1" Addition CUP Conditions from August 13,1984 1. Prior to the spring thaw and until July 1, 1981, improved (gravel or similar material) off street parking pads shall be provided for each vehide associated with an occupied unit. Unrestricted emergency vehide access must be available at all times. 2. /. mobile home must not be moved onto a lot after /.pril23, 1981 until a street is paved in front ofthe lot. 3. There be no exterior of equipment, such as bikes, hoses, lawnmowers, rakes, etc. 1. Each lot shall be allowed an exterior storage shed of no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 5. No access shall be allowed to Century /.venue. 6. No construction or grading shall be allowed to disturb the tamarack grove. 7. The private sanitary sewer, water mains and streets shall be constructed to be consistent with the Maplewood and St. Paul Water Utility standards to ensure a reasonable level of ser.lce. 8. ",\.II ntility installations shall be underground. 9. The private streets must be at least 28 feet in width, with parking on one side only. No parking shall be permitted in the "einity of intersections. The Director of Public Safety shall specrl)' the no parking distances for each intersection. Signs shall be posted by the park owner when available. 10. Water lines must be flushed at least once each year or as required by the efl\1romnental health official. 11. ",\.II storm water discharge must be directed to the wetland to the west. No connection to the city storm sewer shall be allowed. 12. ",\.II mobile homes must be new, skirted and tied down. Skirting shall extend from the frame ofthe chassis to the ground. Skirting must be painted to complement the mobile home. 13. ",\.II tic downs and foundations must meet the state building code. 11. Construction on the bdow grade storm sheker shall begin May 11, 1981 and shall be completed by June 22, 1981, unless the Director of Public Safety extends the deadline due to circumstances beyond the control ofthe developer. (b) The design ofthe bdow grade structure must be approved by the Director of Emergency Senlees, including emergency lighting, ventilation and sanitary facilities. (c) The above grade portion of the building must receive approval from the design re"ew board before construction. (d) The storm shelter must remain free of storage and be kept available for use. (c) No further permits for additional mobile homes shall be issued until the sheker is completed. 15. The sign regulations for the R3 district shall apply. 16. The following minHnum setbacks shall apply: (5) Twenty feet to a private street. Planning Commission Minutes of 07-06-10 -4- (6) Thirty feet to a public right of way, except for storage sheds. (7) Fi','e foot side yard setback on the side opposite the entry. (8) Twenty foot side yard setback on the entry side. 17. No structures shall be allowed in a required setback, except for an accessory building, in the twenty foot side yard setback and the thirty foot setback from a public right of way. /.n accessory building must have a side yard setback of at least five feet. 18. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 19. The de'.'C!oper shall prO\lde traffic control signs as required by the Director of Public Safety. 20. Compliance with all pertinent state statutes and regulations. 21. No variation shall be permitted from the site plan dated 3 21 83 withont community design re\lew board approval. 22. The number of mobile homes shall not exceed 216. 23. This conditional use permit shall be re\lewed in one year to determine compliance with conditions and whether a change in conditions is necessary to resolve problems that may have developed. 21. (a) ",iller /.pril23, 1981, the following improvements must be installed within sixty days after a mobile home is placed on a lot: (1) /. paved driveway and off street parking pad at least sixteen feet wide and twenty feet deep. (2) /. thirty inch wide sidewalk from the mobile home entrance to the parking pad subject to placement of entrance decks. (3) ",\.II required landscaping on the lot. If the landscaping cannot be completed within sixty days, a letter of credit of cash escrow shall be deposited with the Director of Commumty Development to ensure installation. (1) Skirting. (b) Improvements required in item 21 shall not apply to model homes. 25. If any ofthe above conditions arc not met, no additional mobile homes shall be moved into the park. Rolling Hills 2nd Addition CUP Conditions from May 11, 1987 1. Compliance with state requirements. 2. There shall be no exterior storage of equipment such as bikes, hoses, lawmnowers, rakes, etc. 3. Each lot shall be allowed an exterior storage shed of no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 1. Each lot shall be allowed to have children's play equipment unless the developer pro'.ldes a tot lot adjacent to the community building. 5. Each lot shall be allowed a deck and carport, prO\lded that either structure shall not be closer than ten feet to any acljaeent dwelling. Carports shall not be closer than six feet to a private street and shall not ha','e walls. On lots along Century /.venue, sheds shall not be closer than forty se','en feet to the right of way. 6. ",\.II mobile homes must be new, skirted and tied down. Skirting shall extend from the frame ofthe chassis to the ground. Skirting must be painted to complement the mobile home. 7. ",\.II tic downs and foundations must meet the state building code. 8. The sign regulations for the R3 district shall apply. Planning Commission Minutes of 07-06-10 -5- 9. The following minHnum setbacks shall apply for dwellings: a. Twenty feet to a private street. b. Forty seven feet to the Century /.venue right of way. c. Five foot side yard setback on the side opposite the entry side. d. Twenty foot side yard setback on the entry side. e. Seventy feet to a railroad track. 10. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 11. The storm sheker shall be kept free of storage. The sheker shall be kept open at all times or keys shall be made available to all residents in a manner to be approved by the Director of Emergency Sef\lees. 12. The city shall not be responsible for maintaining any ofthe internal improvements. 13. Water lines shall be flushed at least once a year. 11. Parking shall only be permitted on one side of each street. No parking shall be permitted closer than thirty feet to any intersection. 15. /.dflerence to the approved site plan and related conditions. /.ny significant change must be appro','ed by the community design re\lew board. Minor changes may be approved by staff. Revised/Combined Motion for both the Rolling Hills 1" and 2nd Additions 1. Compliance with all building code requirements. 2. There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers, rakes, etc. 3. Each lot shall be allowed an exterior storage shed of no more than 120 square feet. Sheds must be kept in good repalf. 4. Each lot shall be allowed to have children's play equipment unless the developer pro\ides a tot lot adjacent to the community building. 5. All mobile homes shall be skirted and tied down. Skirting shall extend from the frame ofthe chassis to the ground. Skirting must match the mobile home. 6. Manufactured homes to be placed in the park are no longer required to be new. All homes to be moved into the park must meet all current building code and fife code requirements. 7. The signs regnlations for the R3 district shall apply. 8. The following minimum setbacks shall apply for dwellings: . Twenty feet to a private street. . Thirty feet to any public right-of-way for homes in the 1" Addition. . Forty-seven feet to the Century Avenue right-of-way for homes in the 2nd Addition. . Five foot side yard setback on the side opposite the entry side. . Twenty foot side yard setback on the entry side. . Seventy feet to a railroad track. Planning Commission Minutes of 07-06-10 -6- o Ten feet to any adjacent dwelling for a deck or car port. o Six feet to a private street for a carport (carports shall not have walls). o Forty-seven feet to the Century Avenue right-of-way for a shed in the 2nd Addition. 9. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 9. The storm shelter shall be kept free of storage. The shelter shall be kept open at all times or keys shall be made available to all residents in a manner to be approved by the Director of Public Safety. 10. The property owner shall be responsible for maintaining all internal improvements. 11. Water lines shall be flushed at least once a year. 12. Parking shall only be permitted on one side of each street. No parking shall be permitted doser than thirty feet to any intersection. These requirements are subject to the re\iew and approval ofthe police chief. 13. There shall be no driveway access to Century Avenue or Ivy Avenue from the indi\idual manufactured home sites. 14. Internal traffic signs shall be installed subject to the approval ofthe police chief. 15. Adherence to the approved site plan and related conditions. Any significant change must be approved by the community design re\iew board. Minor changes may be approved by staff. The number of home sites shall not be increased without the re\ision of this conditional use permit. Commissioner Martin seconded The motion passed Ayes - all b. 2011-2015 Capital Improvement Program (CIP) Chuck Ahl, assistant city manager, gave a presentation on the 2011-2015 Capital Improvement Program (CIP), which is completed by the city to help estimate the major capital expenditures in the next five-year period. Mr. Ahl clarified that this document is done to coordinate planning, financing and timing of major city purchases and construction projects. Mr. Ahl explained that after the establishment of goals by the city council, city staff prepares and recommends projects, along with a list of the projects that staff recommends be deferred or listed as declined or unfunded needs. A commissioner asked if it would be advantageous to the city to do repair and reconstruction of more of the city's infrastructure now while labor and interest costs are low. Mr. Ahl responded that the city council is now discussing this issue with staff to determine the amount of debt the city should be carrying. The public hearing was opened for comments. The following people spoke: Peter Fischer, 2443 Standridge Avenue, said he is commenting at this public hearing as a resident of Maplewood. Mr. Fischer said the Capital Improvement Program is not consistent with the comprehensive plan in parks areas. Mr. Fischer spoke about the reduction of funds for public improvements in existing parks and funding that is needed for restoration of city open space properties. Mr. Fischer recommended that the commission advocate for a more broad-based community parks capital improvement plan that will address the needs of the entire community Planning Commission Minutes of 07-06-10 -7- instead of just two areas over the next five years. Mark Jenkins, representing BEDC, the business and economic development commission, said the commission has concerns with economic development bonding funds being used for park lands and park projects. Ron Cockriel, 943 Century Avenue, asked if the unfunded sidewalk and trail projects could be included in Complete Streets if it is adopted in the near future. Assistant city manager Ahl responded that the Complete Streets program is currently being debated in the Legislature and is a policy supported by the city. Mr. Cockriel suggested there may be additional ways to purchase all of the Fish Creek property. Mr. Cockriel said he supports the fire training facility saying it is a model project. Several commissioners discussed the lack of funding for parks and open space maintenance and restoration and that the city is now planning to purchase the Fish Creek property that will require additional open space maintenance. The commission noted the Fish Creek property is a valuable parcel, but also discussed the need for parks and open space properties to be maintained so they do not become overgrown and an eyesore. Peter Fischer again spoke explaining that from a parks system perspective, an open space property is any open, passive recreational area. Mr. Fischer explained how city open space properties have been acquired over the years. There were no further comments; the public hearing was closed. Commissioner Yarwood said he thinks there are other alternatives for parks and community center funding other than just spending more money, such as privatization, land swaps or selling some open space properties to fund others. Mr. Yarwood commented that redevelopment of neighborhoods is not the primary function of the city, but instead we should make sure the core functions such as the fire and police departments are maintained. Commissioner Pearson said feels this is a good, balanced capital improvement plan and is consistent with the comprehensive plan. Mr. Pearson said he feels the police department is understaffed-not considering the population, but with the increased crime in Maplewood over the past eight to ten years. Mr. Pearson said he would like to see an increase in officers. Commissioner Pearson moved to recommend the city council adopt the 2011-2015 Capital Improvement Plan and that it is consistent with the Comprehensive Plan. Commissioner Desai seconded Ayes - Bierbaum, Boeser, Desai, Fischer, Nuss, Pearson, Yarwood Nay - Martin The motion passed. Planning Commission Minutes of 07-06-10 -8- VI. NEW BUSINESS None VII. UNFINISHED BUSINESS a.2010 Tour Route Recap/Discussion Planner Ekstrand asked for comments on the recent city tour. Commissioner Desai said the speakers in the bus were not working property and some of the tour comments were not heard. A commissioner noted the need to stick to the scheduled time for each site, so all of the planned sites can be visited. VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. June 28, 2010 City Council Meeting: Planner Ekstrand reported on this meeting. b. Upcoming City Council Meeting of July 12, 2010: Commissioner Martin will attend. X. STAFF PRESENTATIONS Planner Ekstrand passed out zoning and land use maps to commissioners. XI. ADJOURNMENT The meeting was adjourned at 10:43 p.m.