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HomeMy WebLinkAbout2011-09-06 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, September 6,2011 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. August 16, 2011 5. Public Hearings a. 7:00 p.m. or Later: Maplewood Drive b. 7:00 p.m. or Later: Avenue 6. New Business 7. Unfinished Business Conditional Use Permit for LaMettry Collision Auto Repair, 2923 Right-of-Way Vacation, north side of Beam Avenue, east of White Bear 8. Visitor Presentations a. Maplewood Green Building Program Update 9. Commission Presentations a. Commissioner report for the city council meeting of August 22, 2011. Commissioner Martin was scheduled to attend. There were no planning commission items. b. Upcoming City Council Meeting of September 12, 2011. Commissioner Boeser is scheduled to attend. The anticipated items to be reviewed are the CUP revision for Maplewood Toyota and the storm water improvements within the wetland buffer north of Wakefield Lake. c. Upcoming City Council Meeting of September 26, 2011. Commissioner Pearson is scheduled to attend. This agenda has not yet been set. 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 16, 2011 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Chairperson Fischer. 2. ROLL CALL AI Bierbaum, Commissioner Joseph Boeser, Commissioner Tushar Desai,Commissioner Lorraine Fischer, Chairperson Robert Martin, Commissioner Tanya Nuss, Commissioner Gary Pearson, Commissioner Dale Trippler, Commissioner Jeremy Yarwood, Commissioner Absent Present Present Present Present Present at 7:12 p.m. Present Present Absent Staff Present: Tom Ekstrand, Senior Planner 3. APPROVAL OF AGENDA The commission recommended moving New Business 6. a. and b. to 5. Public Hearings. Commissioner Pearson moved to approve the aqenda as amended. Seconded by Commissioner Boeser. Ayes - All The motion passed. 4. APPROVAL OF MINUTES Approval of the August 2, 2011, Planning Commission Minutes. The audio visual person did not showup to tape the August 2,2011, Planning Commission Meeting. Therefore there is no audio for the recording secretary to type the minutes. Staff typed the meeting minutes from memory without the recording for the permanent record. Commissioner Trippler moved to approve the Auqust 2, 2011 Planninq Commission minutes as submitted due to the fact that there is no audio. Seconded by Commissioner Ayes - Chairperson Fischer, Commissioner's Boeser, Desai, Pearson & Trippler Abstention - Commissioner Martin The motion passed. August 16, 2011 Planning Commission Meeting Minutes 1 5. PUBLIC HEARING a. Conditional Use Permit Revision for Maplewood Toyota Service Entrance Addition, 2873 Maplewood Drive. 1. Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. 2. Owner and Applicant for Maplewood Toyota, 2873 Maplewood Drive, Steve McDaniels addressed the commission. Mr. McDaniels stated that he agreed with the staff recommendation Chairperson Fischer opened the public hearing. Nobody came forward to address the commission. Chairperson Fischer closed the public hearing. Commissioner Boeser moved to approve the resolution approvinq a conditional use permit revision for the service entrance addition and pervious paver improvements to Maplewood for the CUP revision for Maplewood Toyota Service Entrance Addition at 2873 Maplewood Drive. Approval is based on the findinqs required by ordinance and subiect to the followinq conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan date-stamped Auqust 9, 2011. /\pproved by tho city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the conditional use permit revision for the service entrance addition and related site work shall end. or tho permit Bhall ond. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Beam Avenue shall not be used for loading or unloading. 5. Tho applicant sh311 bo required to cubmit 3 drainago 3nd utility pl3n to the city engineer for review and approval as noted in condition 2b on p::Jgo 1 of the st3ff report. The city ongineer shall roquire the applic3nt to implement storm w;)ter quality improvemonts into the fin31 drainage and utility pl;)n that shall include the 3ddition of r3in'/{ater gardens, an improvement 3nd regarding of tho storm w3tor outlet pond and other roason::Jble (as determined by the city enginoer) storm wator qu;)lity improvementc such th::Jt tho sito bog ins to implement runoff stand3rds typic31 to proporty within the chorel3nd district. If;) re3Bon3blo ::Jgrooment with tho property ownor cannot be 3chiovod by tho city onginoor, this condilion31 uso pormit roviBion ::Jnd design 3pproval sh311 bo roturnod to tho city council for consideration. Seconded by Commissioner Trippler. Ayes - All The motion passed This will go to the city council September 12, 2011. b. Wakefield Lake Experimental Storm Water Treatment Basin - Wetland Buffer Variance. 1. Senior Planner, Tom Ekstrand introduced the item and introduced Staff Engineer, Steve Kummer. 2. Staff Engineer, Steve Kummer gave the report and answered questions of the council. 3. Administrator, Ramsey Washington Metro Watershed District, Cliff Aichinger addressed and answered questions of the commission. August 16, 2011 Planning Commission Meeting Minutes 2 Chairperson Fischer opened the public hearing. 1. Barbara Leiter, Maplewood addressed the commission. 2. Charlie Makidon, 1552 Larpenteur Avenue, Sl. Paul addressed the commission. 3. Linda Brian, 1752 Gulden Place, Maplewood addressed the commission. Chairperson Fischer closed the public hearing. Commissioner Trippler moved to approve the wetland buffer waiver for the Wakefield Lake Experimental Storm Water Treatment Basin. Seconded by Commissioner Martin. Ayes - All The motion passed. This will go to the city council September 12, 2011. 6. NEW BUSINESS None. 7. UNFINISHED BUSINESS None. 8. VISITOR PRESENTATIONS None. 9. COMMISSION PRESENTATIONS a. Commissioner report for the city council meeting of August 8, 2011. Commissioner Fischer was scheduled to attend. There were no planning commissioner items. b. Upcoming City Council Meeting of August 22, 2011. Commissioner Martin is scheduled to attend at this time there are no items for review. c. Commissioner Trippler stated he is on the ENR Commission and serves as the representative for the Gladstone development public meetings coming up. The first meeting is Tuesday August 30,2011, at 6:30 p.m. at the Maplewood Community Center, then August 31,2011, at 6:00 p.m. in the City Council chambers and at 7 p.m. there will be a walk around at the Gladstone savannah. Two other meeting dates at the Maplewood Community Center are October 18, 2011, at 6:30 p.m. and Wednesday, November 9, 2011, at 6:30 p.m. 10. STAFF PRESENTATIONS None. 11. ADJOURNMENT Chairperson Fischer adjourned the meeting at 8:06 p.m. August 16, 2011 Planning Commission Meeting Minutes 3 MEMORANDUM SUBJECT: LOCATION: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager Conditional Use Permit-LaMettry Collision Auto Repair North of 2923 Maplewood Drive August 26, 2011 TO: FROM: INTRODUCTION Project Description Rick LaMettry, owner of LaMettry Collision, is requesting approval of a conditional use permit to build a new auto body repair shop north of his existing location, 2923 Maplewood Drive. Mr. LaMettry would then sell his existing building to Steve McDaniels, of Maplewood Toyota, to expand Maplewood Toyota's campus. Maplewood Toyota would use the building to service automobiles as it is presently used. Requests Mr LaMettry is requesting that the city council approve: . A conditional use permit for automotive repair. . The building, site and landscaping plans. BACKGROUND August 8, 2005: The city council approved a conditional use permit for Steve McDaniels, of Maplewood Toyota, to build a temporary parking lot on the proposed site. The back half of the parking lot was constructed of a pervious parking material to comply with shoreland ordinance requirements. The front half constructed with a temporary gravel surface. Mr. McDaniels' intention was to build a permanent building on the graveled area. DISCUSSION CUP Findings for Approval The zoning ordinance requires that the city council find that all nine "standards" for CUP approval be met to allow a CUP. In short, these state that the use would (refer to the resolution for the complete wording): . Comply with the city's comprehensive plan and zoning code. . Maintain the existing or planned character of the neighborhood. . Not depreciate property values. . Not cause any disturbance or nuisance. . Not cause excessive traffic. . Be served by adequate public facilities and police/fire protection. . Not create excessive additional costs for public services. . Maximize and preserve the site's natural and scenic features. . Not cause adverse environmental effects. The proposed use meets these nine criteria. The site was previously intended for an automotive use by Mr. McDaniels. This was noted in the 2005 CUP when the city council granted the approval for the temporary parking lot. Condition 6 of the CUP stated, "The property owner shall obtain city approvals and begin construction of a permanent building on this site by September 30, 2007. . ." Council subsequently extended this deadline until the summer of 2011 for the applicant to either begin the site development process or to pave, curb and landscape the gravel parking lot. EXISTING CUP FOR MAPLEWOOD TOYOTA PARKING LOT Staff suggests continuing the existing CUP for the temporary parking lot until construction begins for the proposed body shop. If the proposed building is not buiit for some reason, the existing CUP may remain. In that event, however, Mr. McDaniels should be required to pave, curb and landscape this parking lot as originally directed by the city council. Staff recommends reviewing this original CUP when construction begins for Mr. LaMettry's building or in one year, whichever comes first Shoreland Boundary Area The proposed site is within the Kohlman Lake Shoreland Boundary area. The Shoreland Ordinance requires a maximum impervious surface of 50 percent. This was considered in 2005 when the city council granted the CUP to allow Maplewood Toyota to use the site for parking. At that time, the city engineer determined that the proposed pervious parking surface, along with grassy areas to be provided, would meet shoreland ordinance requirements. The applicant is proposing to keep the pervious parking area on the west half the site as part of his development proposal. Design Considerations Buildinq Desiqn The proposed building would be constructed of precast concrete panels with a textured, stucco- like surface. The front entrance/vehicle-estimate area would be brick with a blue metal fascia. There would be a corresponding brick detail on the northerly front corner of the building to match. Please refer to the building elevations and the colored photos. The photos are of the applicant's Lakeville shop. The proposed facility would match this building. The exterior materials of nearby buildings range from brick (the existing LaMettry Collision building and the Maplewood Toyota building south of LaMettry Collision) to concrete block (Gulden's Roadhouse) and precast concrete (Venburg Tire). City ordinance states that in considering the design quality of a proposed building, the community design review board should strive for compatibility with the existing buildings in the area. Section 2-290(b)(2) states that "the design and location of the proposed development shall be in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this division and the city comprehensive plan." The proposed building meets the goal of the ordinance and would fit the character of the existing buildings in this area. 2 Site Desiqn Elements Parking, Access: Access would be via the existing frontage drive which currently serves LaMettry Collision. City ordinance requires two parking spaces for each repair bay, plus one space per bay for a mechanic-three per bay total. The applicant has said that there will be nine body-work bays, two mechanical-repair bays and four paint bays. This would total 15 bays with a requirement for 45 parking spaces. The site plan shows 23 parking spaces adjacent to the building. The pervious-surface parking area to on the back of the site would support another 100+ parking stalls. The parking requirements would be easily met. Site Lighting: Site lighting was installed for the temporary parking lot. There would be light poles removed that are in the location of the proposed building. Any replacement lights shall meet the design of the existing pole lights and shall comply with city ordinance to guard against light spillover and light intensity maximums. Landscaping: The proposed landscaping plan consists of shrub beds along the east side of the frontage drive with five Royalty Crabapple trees. There would also be shrubs planted near the building and another crabapple tree as well. The rear of the site close on the west side of the existing pervious-surface parking lot would have a continuation of spruce and pine trees. Trash Storage: Trash is shown to be stored in the building. If outdoor storage is used in the future, the city code would require an enclosure for all trash containers. Staff Comments Assistant Fire Chief Butch Gervais, the assistant fire chief, requires that the applicant provide: . A fire protection system to be installed per code requirements . An alarm system to be installed per code requirements. . The paint booths meet all code requirements. Buildinq Official Dave Fisher, the building official, had the following comments: . The applicant shall provide a fire sprinkler system. . The building shall meet all applicable building codes. . It is recommended that the applicant have a preconstruction meeting with the city. Police Lieutenant Richard Doblar had the following comment: Construction site thefts and burglaries are a large business affecting many large construction projects throughout the Twin Cities metro area. The contractor/developer should be encouraged to plan and provide for site security during the construction process. On-site security, alarm systems and other appropriate security measures would be highly encouraged to deter and report theft and suspicious activity in a timely manner. 3 City Enqineer Steve Kummer, staff engineer, reviewed the proposal and has submitted the attached Engineering Plan Review. Mr. Kummer lists several conditions of approval that should be included as requirements if the project is approved. Mr. Kummer also raises the question as to whether the parking should be allowed directly from the frontage drive. This drive is a private driveway system and is not a high-volume roadway. Though this is not typical, it is also not in violation of any city ordinance and would serve the traffic circulation needs of the property. Neighbors' Comments Staff surveyed the 47 property owners within 500 feet of the site for their comments. Of the five replies, two were opposed, one was not opposed and two expressed concerns about the maintenance of the pond. The comments received were: . Why should LaMettry Collision move? It would bring commercial commotion closer to the homes. You can already smell paint outside the homes. . The holding pond should be protected from snow melt which contains debris and gravel. . Overstory trees should be planted to help screen the site from the west Staffs reply: . We cannot comment on whether Mr. LaMettry should or should not relocate to this site. That is his decision. From the city's perspective, though, it has been expected that another automotive-repair building would be constructed on this site since Mr. McDaniels proposed the temporary parking lot in 2005. His plan at that time was to build an auto- service building for Maplewood Toyota on the front half of the site. . Regarding paint smell, staff asked the assistant fire chief if there is any hazard due to the smell of paint. Mr. Gervais explained that LaMettry Collision has the proper ventilation equipment in their paint booth, but sometimes when doors are open, paint odor can be detected. This is not a toxic issue. . Mr. Kummer recommended the gravel that has been pushed onto the pond slope needs to be removed and the slope restored with an approved erosion-control blanket and native seeding. The use of the pond to dispose of snow should stop since this practice litters and contaminates the pond. . Overstory trees would be good for screening the parking lot from the hillside to the west There is limited room available on site for tree planting, though Deciduous trees could replace some or all of the proposed evergreens, but then there would be no continual screening of the parking lot as code requires on the residential side. Granted, this is questionable due to the difference in topography. Staff's feeling is that the evergreens should be planted as proposed. Most of the yards to the west have existing tree cover that buffers them from the proposed site aleady. 4 SUMMARY Staff supports the proposed CUP. The existing CUP for car parking, which was issued to Maplewood Toyota, should remain until construction begins on Mr. LaMettry's building. Staff recommends one year for construction to start and for the termination of Maplewood Toyota's use of this site for parking. If Mr. LaMettry's plans change and he does not build, the Maplewood Toyota parking lot should be improved with paving, curbing and landscaping as previously directed by the city council. RECOMMENDATIONS A. Adopt the resolution approving a conditional use permit for vehicle repair on the property north of 2923 Maplewood Drive. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped July 25, 2011. The director of community development may approve minor changes. 2. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3 If within one year of this permit approval the construction does not begin, the city shall review the status of the 2005 conditional use permit granted to Maplewood Toyota for their temporary parking lot on this site. Consideration shall be given to terminating that CUP, or requiring permanent parking lot improvements, based on the development plans of Mr. LaMettry. 4. The city council shall review this permit in one year. 5. The applicant shall comply with the impervious-surface requirements of the Shoreland Ordinance and the impervious-surface area requirements determined by the Maplewood Engineering Department. This was determined in 2005 for the existing parking lot, however, a reevaluation shall be made to assure code compliance. 6. The applicant shall comply with the conditions stated in the Maplewood Engineering Department's review of this proposal as prepared by Steve Kummer, staff engineer, dated August 10, 2011. 7. There shall be no plowing of snow from this site for deposit in the city's holding pond to the west B. Approve the plans date-stamped July 25, 2011, for the proposed LaMettry Collision building north of 2923 Maplewood Drive: Approval is subject to applicant doing the following: 1. Repeating this plan review if construction has not started within two years. 2. Any new light poles that are installed shall match those on the site presently in place. 5 3. An in-ground landscaping irrigation system shall be installed as required by code for all landscaped areas. The proposed evergreen trees to the west may not be irrigated, but the applicant shall assure the watering of these trees for their survival. 4. The applicant shall not plow snow or dump snow into the city's holding pond west of the site. 5 The applicant shall submit cash escrow or an irrevocable letter of credit before the issuance of a grading permit to cover the cost of installing all required landscaping. This escrow shall be in the amount of 150 percent of the cost of all landscaping. 6 CITIZEN COMMENTS Staff surveyed the 47 surrounding property owners within 500 feet of the proposed site for their comments about this proposal. Of the five replies, two were opposed, one was not opposed and two expressed concerns about the maintenance of the pond. Opposed . I do not see the need for LaMettry to move Maplewood has already done more than enough for Toyota. This move would put LaMettry right behind me. More noise for us. It is hard enough to try and sell homes up here because of LaMettry and Toyota. (Buchman, 2954 Duluth Street N.) . We don't like the idea because we sometimes smell paint outside out home. If they move to the proposed lot, it will be closer to the homes. (respondent unknown) Not Opposed . I personally am not opposed to this relocation. (Schmaecher, 1256 County Road D) Additional Comments . My main concern is the holding pond area. Snow is piled and dumped in the area where the fencing currently ends. There is a huge pile of debris, gravel and litter that needs to be removed. What steps, if any, is Mr. LaMettry going to utilize to keep the pond area free of debris and trash and piling of snow when removing the snow from the parking area? (Taylor, Manteca, CA) . I don't object to LaMettry Collision relocating here, but they should take steps to not dump snow in the pond like they have in the past. There should be additional overstory trees planted for a better screen for the homes to the west. (call received by telephone, no name given) 7 REFERENCE INFORMATION SITE DESCRIPTION Existing Use: Temporary parking lot for Maplewood Toyota Site size: 2.7 acres. SURROUNDING LAND USES North: Gulden's Roadhouse and the future Heritage Square 5th Addition town homes South: LaMettry Collision East: Highway 61 West: Single dwellings PLANNING Land Use Plan Designation: M1 (light manufacturing) Zoning: M1 Criteria for CUP Approval Section 44-512(8) requires a CUP for vehicle maintenance facilities in M1 and BC (business commercial) zoning districts. Section 44-1 097(a) states that the city council may grant a CUP which must be based on the nine standards for approval noted in the resolution. APPLICATION DATE We received the complete application and plans for this proposal on July 25, 2011. State law requires that the city take action within 60 days of receiving complete applications. The review deadline for city council action is September 23, 2011. p:sec4\LaMettry Collision CUP PC Report 2 811 te Attachments: 1. Location/Zoning Map 2. Land Use Map 3. Site/Landscaping Plan 4. Project Narrative dated July a, 2011 5. Engineering Report by Steve Kummer dated August 10, 2011 6. CUP Resolution 7. Plans and photos date-stamped July 25,2011 (separate attachments) 8 LOCATION/ZONING MAP Pagelofl Attachment 1 LOCATION/ZONING MAP ) / j ~~j 5tNii(Utt r1 ~~; (( \: M (( BEAM AVENUE ."""'''\f o Copyright MaplewoodBaseMap Chad Bergo Parcels: This data set is available to ~veryone. Fees and policy are published in the Ramsey County Fee Schedule. Charges are variable and (Irc subject to change. See the Ramsey County Fee Schedule for specific information on fees and policy, http://maps.ci.maplewood.mn.us/aspneCclientlESRI/W ebAD flPrintT ask I oayoufl 'cmplates... 8/26/20 II ~ o ~ .. .. ~ s ""' ~ '" "" i"" \J Attachment 2 :? ~ ~ ~ ::. ... CI:. ,. kij - - ~ ~ ~ o \J 0)- w~ <Ilr- 01- tl.w 0:;; ~ '" 1l..J w r- ((,i ~ Q) ill ~ () <t: ~ ~ () Q) ~ <t: ~ Q) ~ () Cl. 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I " I'il" t;, 11." :111 ,'t '1' I! ';';1 Ij til -I l ~ I I.!.i ,I, !1 l,l"I'I',l! i, Hj (' ~; ~q: l ! 'II :1' qp"lflj!J ,I III fl;,,!' Ii 'I :j! I 'I 'II 'j"" ii", I'll ',) ! ill' Ii" ,II u ", 'j" 'I '[11'1'1 nip i 1f: Ii i !111: lill : ; I' , ! 'l , I' ',' 'I! II' , I ! ," .. I ~ ~ ) i III II !! d !! lilli, II, . i ~ ~ ~ ,. ! I I II ,- 111l!1 ~ ~~ g).; :;! I i% ~ ,,8 I! , ~~~~ ~~ ! ~~ ~ < " " ~ ~ ~ ' '''_'<<<1<'''''0 ~, ..",.._"'..,,,-, ",',,_n''''O,''',. 0.'''''''''''''-''0''.-' '.."""""...,__,,''''J''_' ~.'~'~"!';':"":l ...'........,-,"'".\"...".....">,....\""'",\"".."','", ,"~....,' Attachment 4 Richard LaMettry C/O La Mettry's Collision 3209 Galleria #1804 Edina, MN. 55435 7/8/2011 City of Maplewood 1830 County Road BEast Maplewood, MN. 55109 RE: Conditional Use and PUD Application (2011) To Whom It May Concern: This proposal is for a new structure to relocate the existing auto-body shop located next door to the property to facilitate the future use of the Toyota dealership. This new structure would not change any of the existing conditions or standards or character of the existing properties. The property was developed for this purpose and was designed not to ge'nerate any additional traffic, cause any additional costs for public facilities or services or cause any additional adverse environmental effects. This project is not any different than what already exists, would complete the intended development and would provide additional tax base for the city. Thank you, Richard LaMettry Attachment 5 Maplewood Engineering Comments - LaMettry's Collision 8-10-11 Page 1 of 3 EnQineerintl Plan Review PROJECT: PROJECT NO: COMMENTS BY: LaMettry's Collision 11-21 Steve Kummer, P.E. - Staff Engineer DATE: 8-10-11 PLAN SET: Design Review Dated 6-15-11 REPORTS: HydroCAD Computations dated 7-14-11 Summary LaMettry's Auto Body and Collision is proposing to construct a new building on a vacant parcel north of their existing building at 2923 Maplewood Drive (Highway 61). The vacant parcel was created as part of a 1997 lot split which involved the expansion of Maplewood Toyota to the north side of Beam Avenue. Water and sanitary sewer is already stubbed to the lot. Since the site will disturb more than Y, acre, the site must meet the City's rate control and infiltration rules. Access to the site is via an existing private frontage road that connects Gulden's, LaMettry's, Venburg Tire, and the Maplewood Toyota repair garage along the west side of Highway 61. No access points to Highway 61 are expected to be revised. Request The applicant is requesting design review and a conditional use permit. The scope of this review includes aspects of site design including, but not limited to, geometrics, paving, grading, utilities, temporary sediment and erosion control and permanent storm water management. The following are Engineering review comments on the design review, and act as conditions to be addressed prior to issuing any City permits: General 1) Provide "true" scale drawings. The reduced drawings submitted do not match the scale as specified on the plans. 2) Provide a copy of the geotechnical evaluation to the City. Provide information on assumed soils infiltration rates for the infiltration structure. 3) Provide note: "Perform all work in conformance to applicable City of Maplewood and State of Minnesota requirements." 4) Indicate limits of construction along north and east sides of the site. Provide orange safety fencing along limits. Maplewood Engineering Comments - LaMettry's Collision 8-10-11 Page 2 of 3 Storm Water Manaqement 5) If the existing infiltration pipe will take drainage from the lot to the south, then an easement agreement between the two properties is required. 6) Provide construction details on the proposed underground 36-inch infiltration pipe including access port locations. Provide a written procedure for periodic maintenance of the system. 7) Verify that proposed building FFE is at least two feet above the 1 OO-year HWL of the pond to the west. West Pond 8) Remove excess open-graded aggregate material from the pervious parking area that has migrated from the parking lot into the pond. Re-establish the sideslope with an approved erosion control blanket and native seeding. Erosion Control 9) Plans should call for compost log or biolog around the perimeter of the site with the silt fence. The concern is being able to properly bury the silt fence within the hard-pan gravel that currently exists on the vacant parcel. Site Plan 10) Does the easement agreement for the private frontage road permit the placement of the parking stalls along the east side of the building to directly access the private frontage road? 11) Provide site import/export computations including assumed compaction factors. Other 12) Submit a signed copy of the MPCA construction storm water permit prior to grading permit issue. 13) Satisfy requirements of all permitting authorities associated with this project. Provide copies of written approval letters and permits. 14) The applicant shall enter into a maintenance agreement with the City. The City shall either prepare the agreement or coordinate preparation of the maintenance agreement with the Watershed District. 15) The applicant shall provide a letter of credit or cash escrow for 125% of the proposed site improvements that includes the cost of grading, erosion control, and permanent establishment/seeding. -END COMMENTS- Attachment 6 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Richard LaMettry applied for a conditional use permit to construct a building for automotive repair. WHEREAS, this permit applies to property located north of LaMettry Collision, 2923 Maplewood Drive. The legal description is: . SECTION 4, TOWNSHIP 29, RANGE 22, EX N 409.5 FT & EX W 197.4 FT OF NWL Y 469.5 FT & EX S 698 FT THE FOL; THE E 723.4 FT LYING WLY OF HWY OF SE Y. OF NE Y. (SUBJ TO RD & EASEMENTS) IN SEC 04, TN 29, RN 22. WHEREAS, the history of this conditional use permit is as follows: 1. On September 6, 2011, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council this permit. 2. The city council held a public meeting on to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council described conditional use permit because: the above- 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped July 25, 2011. The director of community development may approve minor changes. 2. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. If within one year of this permit approval the construction does not begin, the city shall review the status of the 2005 conditional use permit granted to Maplewood Toyota for their temporary parking lot on this site. Consideration shall be given to terminating that CUP, or requiring permanent parking lot improvements, based on the development plans of Mr. LaMettry. 4. The city council shall review this permit in one year. 5. The applicant shall comply with the impervious-surface requirements of the Shoreland Ordinance and the impervious-surface area requirements determined by the Maplewood Engineering Department. This was determined in 2005 for the existing parking lot, however, a reevaluation shall be made to assure code compliance. 6. The applicant shall comply with the conditions stated in the Maplewood Engineering Department's review of this proposal as prepared by Steve Kummer, staff engineer, dated August 10, 2011. 7. There shall be no plowing of snow from this site for deposit in the city's holding pond to the west. The Maplewood City Council approved this resolution on ,2011. MEMORANDUM TO: FROM: James Antonen, City Manager Michael Martin, AICP Planner Chuck Ahl, Assistant City Manager Street Right-of-Way Vacation North of Beam Avenue, East of White Bear Avenue August 30, 2011 SUBJECT: LOCATION: DATE: INTRODUCTION Dan Regan, of Airlake Development, is requesting the city vacate a street right-of-way. This unused right-of-way is located between an undeveloped parcel Mr. Regan owns and the parcel which Maplewood Heights Park is located. The west 30 feet of this unused right-of-way had previously been vacated and attached to Mr. Regan's parcel. The east 30 feet still exist as right- of-way and is proposed to be vacated and attached to the Maplewood Heights Park parcel. Please see the attached certified survey. This vacation request is related to a project Mr. Regan is proposing to construct a 13,728-square- foot medical building on the vacant lot As part of this proposal, Mr. Regan is negotiating with the Parks Department to share parking facilities and to utilize some of the park land for the parking lot The community design review board reviewed and approved design plans for this proposal. The parks commission will be reviewing the proposed agreement between the city and Mr. Regan to share parking facilities. The proposed site plan for this project is attached to this report but the planning commission only needs to review and make a recommendation on the vacation request DISCUSSION Mr. Regan is requesting the vacation to increase the Maplewood Heights Park parcel and make it developable land as the new parking lot would not be allowed within the right-of-way. Maplewood has no plans to develop or use this right-of-way for a public street. The applicant will be required to ensure any utility easements continue to be recorded against this area. RECOMMENDATION Approve the resolution attached to this report. This resolution is for the vacation of unused right- of-way, north of Beam Avenue and east of White Bear Avenue. The reasons for the vacation are as follows: 1. It is in the public interest 2. The city is not using the right-of-way for a public street 3. The right-of-way is not needed for street access purposes as the adjacent properties have street access on Beam Avenue. This approval is subject to: 1. Ensure the continued dedication of any utility easements within the area of the unused right-of-way. REFERENCE INFORMATION Application Date The city received the complete application and plans for this request on August 22, 2011. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, city action is required on this proposal by October 21, 2011. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of an application. P:ISEC2NIBeam Avenue Medical BuildinglNorth of BeamVacation_PC_090611 Attachments: 1. Site Survey 2. Location Map 3. Proposed Site Plan 4. 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';lin';::a "5 'O!!l:il G) e'" 'ge iliii=! z ~ >~~o~ "'~ >~. ~ > ~~~ z ~i ~~ ;~ i e~ F~~~~ ~~ ~~~~ ~ - ~i ~ ~~ z~ z~ 0 ~o ;;j~>a "'~ ~t~~ ... ~~ m ~~ ~Q ~g ~ !i~ ;;:~~.... i:l~ c...,,~ e~ l<'O i" "'@ ",,,, '" m~ ~8~~~,. ~88~ ~ ~; ~ ~: ~ ~ ~ '" P'~i'l 0g H!i;i~ ~ ~,,;;o ~~ ~ z ~- ~~2;;j i\ji\ "~i)j ~ <>~ =0 ~ 0 ~ i~ ~~Ol; i~ ~~~l 8 ~~ z ~. ~ m o. :~ 5?j"2 m.-< ...~~g ~ 8~ G:l ~~.. ~ o ..... ,a '."0 'z ~." @~ i$l;~' !;~ ~~~:s ~ i~ 8 ~ ~~ ~~ ~ 8 F rn ~ ~ .,,'" "'~ >1"''''''1-<;0-(> f.I) g~ ~. ~5~~ 6~ =i !il5 ~~ ~~~!;\~~ m E~ ~~ ~~~~~~~ 5 ~~ """ ~~~-<;::i!!? -l ~~ ~~ ~F~~l;\~ m ~~~!I! ~I~~~e ",;::1 zj ILSl:3=' 0" Q "'''"tt;-lii'ii ie: ss ~~~~;~ ~~ ~ ~~~;~~ g ;0-""''''''';0- ~~ ~ ~~ g~ AIRLAKE DEVELOPME~T. I~C. 2866 YrHITE BEAR AVE MAPLEWOOO. l.!N 55109 I".'~' ~._..O_____"I ~ ._'__'___1 ....""".1< "~__"''''''_''''''''_'_ , . ..- PLC :...'...\,':':'::.."::'"'..::::.:..---- RI...K. Cr~:;;li:"" :...... l8II .",;0.""""00'''- . "u""-"'-,""' .~.",~.~" . ....,... 00"_ uc. wo.---Wa...- '-----./ '::~;.~.t.. .:;n:-?~ ~i:?}=' Attachment 4 VACATION RESOLUTION WHEREAS, Dan Regan, of Airlake Development, applied for the vacation of the following: The East 30 feet of the southerly 175 feet of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29, Range 22, lying North of Beam Avenue. WHEREAS, the history of this vacation is as follows: 1. On September 6, 2011, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2. On ,2010, the city council considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the preperty will go to the following property, which is indicated by its property identification number: PIN: 02-29-22-13-0035 NOW, THEREFORE, BE IT RESOLVED that the city council described vacation for the following reasons: the above- 1. It is in the public interest. 2. The city is not using the right-of-way for a public street. 3. The right-of-way is not needed for street access purposes as the adjacent properties have street access on Beam Avenue. This vacation is subject to: 1. Ensure the continued dedication of any utility easements within the area of the unused right-of-way. The Maplewood City Council this resolution on ,2011. MEMORANDUM FROM: SUBJECT: DATE: Planning Commission James Antonen, City Manager Nick Carver, Assistant Building Official/Green Building Manager Maplewood Green Building Program Update August 26, 2011 for the September 6th Planning Commission Meeting TO: INTRODUCTION Earlier in 2011, Maplewood Commissions and City Council members were introduced to the proposed MaplewoodGreen Building Program. The main components of the program are the International Green Construction Code and the National Green Building Standards. The presentation outlined how the basic fundamentals of this program can work for Maplewood. During the presentation, it was noted that the Maplewood Green Building Program is both revolutionary and evolutionary, and thus, significant changes will be made to the code prior to Maplewood's adoption and implementation. SUMMARY During the September 6'" Planning Commission meeting I will provide the Commission with current and proposed code changes prior to the final action hearings formalizing the 2012 International Green Construction Code.