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HomeMy WebLinkAbout2013-07-16 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday,July 16, 2013 7:00PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a.June 18,2013 5.Public Hearings a.7:00 p.m. or later: 2014-2018 CIP (Capital Improvement Plan) Review and Debt Analysis b.7:00 p.m. or later: Conditional Use Permit for Maplewood Auto Malla Used Auto Sales Business at 2529 White Bear Avenue c.7:00 p.m. or later: Conditional Use Permit for theOur City/Our Neighborhood Church at 1812 North St. Paul Road 6.New Business a.3M Company Tax Increment Financing Request for a Proposed Building at 3M Center b.Discussion: Ordinance Amendment Request to Allow Indoor Storage/Warehousing in BC (business commercial) Zoning Districts 7.Unfinished Business 8.Visitor Presentations 9.Commission Presentations a.Commission presentation for the June 24, 2013 city council meeting. Chairperson Fischer was scheduled to attend, but there were no planning commission itemsto present. b.Commission presentation for the July 8, 2013 city council meeting. Commissioner Ige is scheduled to attend. The items scheduled for review are the Harmony School CUP revision. c.Commission representation for the July 22, 2013 city council meeting. Commissioner Trippler is scheduled to attend. The anticipated items for review will be review of the CIPand3M TIF request. d.Commission representation for the August 12, 2013 city council meeting. Commissioner Desai is scheduled to attend. The anticipated items for review are the Cooper Auto Sales CUP and the Cornerstone Our City/Our Neighborhood ChurchCUP requests. 10.Staff Presentations a.Cancellation of August 6 planning commission meeting due to National Night Out b.Reminder: Turn in plans atend of meetings for reuse 11.Adjournment DRAFT MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 18,2013 1.CALL TO ORDER A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order at 7:00p.m.by Chairperson Fischer. 2.ROLL CALL Paul Arbuckle, CommissionerPresentat 7:02 p.m. Absent Al Bierbaum, Commissioner Tushar Desai,CommissionerPresent John Donofrio, CommissionerPresent Larry Durand, CommissionerPresent Lorraine Fischer, ChairpersonPresent Allan Ige, CommissionerPresent Bill Kempe, CommissionerPresent Dale Trippler, CommissionerPresent Staff Present: Tom Ekstrand, Senior Planner 3.APPROVAL OF AGENDA CommissionerTripplermoved to approve the agenda as submitted. Seconded by CommissionerDesai.Ayes –All The motion passed. 4.APPROVAL OF MINUTES CommissionerTripplermoved to approve theJune 4,2013, PCminutes as submitted. Seconded by CommissionerKempe.Ayes –Chairperson Fischer, Commissioner Arbuckle, Durand, Ige, Kempe, & Trippler Abstentions –Commissioner’s Desai & Donofrio The motion passed. 5.PUBLIC HEARING a.Conditional Use Permit Revision for a planned unit development for theproposed Harmony Learning Center Greenhouse, 1961 County Road C East. i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. June 18, 2013 1 Planning CommissionMeetingMinutes th ii.Community Education Director for ISD 622, 2520–East 12Avenue, North St. Paul, Chuck Ericksen, addressed and answered questions of the commission. iii.Brian Schlottman, Century College, addressed and answered questions of the commission. Commissioner Trippler moved to approvethe resolution amending the conditional use permit for a planned unitdevelopment for the Harmony Learning Center, located at 1695 County Road C East, to allow the construction of a greenhouse. This resolution deletes the 1985 PUD approval for senior housing, which was never built, and incorporates the more recent CUP approval for the T-Mobile cell phone tower (deletions are crossed out and additions are underlined.) Now, therefore, be it resolved by the Maplewood City Council that a conditional use permit be granted for the Harmony School site planned unit development, including the following variances: 1.Allow 79 parking spaces for the 52-unit senior’s residence, rather than the 104 required by code. 2.Allow 26 enclosed parking spaces rather than the 52 enclosed spaces required by the code. Approval of the conditional use permit and variances is subject to: 1.If council determines that there is insufficient on-site parking for the 52-unit seniors residence, within one year of 95% occupancy, additional parking may be required. 2.Maplewood and North St. Paul shall have continued use of the athletic facilities in the northeast portion of the site until that part of the site develops, provided the use of these facilities do not interfere with the applicant’s use of the property. 3.The 52-unit seniors residence shall not be converted shall to non seniors housing without revision of the planned unit development. For purposes of this permit, senior’s housing is defined as a residence occupied by persons in their retirement years with a significant number of one person households. 4.The auditorium attached to the 52-unit senior’s residence shall only be used by the residents of that building. Public assembly unrelated to senior use would be prohibited without a revision of this permit. 5.The commercial portion of the development shall be limited to the uses allowed in the BC(M), business commercial (modified) zoning district. 6.The eight parking spaces (marked “future”) located south of the driveway to the garage for the 64 structure shall be constructed. 7.The proposed 575 square foot unitsin the 52 unit residence (October 8, 1985 plans) shall be increased in area to at least 580 square feet of habitable floor area. 8.Move the 64 unit residence to the west to comply with the required minimum setback of 50 feet. 9.Adherence to the site plan dated October 8, 1985, except as required in these conditions, unless a change is approved by the community design review board. 1.All construction shall follow the site plans approved by the city. The community development staff may approve minor changes. June 18, 2013 2 Planning CommissionMeetingMinutes 2.The proposed construction must be substantially started within one year of council approval of the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.This conditional use permit is conditioned upon T-Mobile allowing the co-location of other provider’s telecommunications equipment on the proposed tower. T-Mobile shall submit a letter to staff allowing co-location before a building permit can be issued. 5.If any required landscaping for the T-Mobile tower dies, plantings must be replaced pursuant to the city policy and standards. 6.The school district shall provide a site plan with their building permit submittal that verifies that the proposed greenhouse would be placed no closer than 75 feet to the wetland to the north. For the purposes of defining the edge of the wetland, that shall be considered to be the edge of the cat tails. 7.This approval acknowledges that the school district’s educational activities are permitted by this permit. Any new construction or exterior improvements are subject to compliance with the design-review requirements in the city code, and perhaps, may required amendment of this conditional use permit. Seconded by Commissioner Arbuckle.Ayes-All The motion passed. This item goes to the city council on July 8, 2013. b.2014–2018 CIP (Capital Improvement Plan) Review and Debt Analysis i.Senior Planner, Tom Ekstrand introduced Maplewood Finance Director, Gayle Bauman to address the 2014-2018 CIP Plan Review and Debt Analysis. ii.Maplewood Finance Director, Gayle Bauman addressed and answered questions of the commission regarding the 2014-2018 CIP. iii.HEDC Commissioner, Gary Kloncz addressed the commission regarding the HEDC report for the 2014 –2018 CIP. iv.ENR Commissioner, Dale Trippler addressed the commission regarding the ENR report for the 2014 –2018 CIP. Chairperson Fischer opened the public hearing. There were no residents to address the commission. The commission is concerned about fundingfor the Maplewood Community Center and day to day maintenance. There are issues with the roof that leaks, the windows and equipment costs. The cost burden of the community center is a concern and the residents were promised that the MCC would make money. It has never brought additional money into the city. They are also concerned about delaying road projects until 2019 and patching on top of patching and further deterioration ofthe roads.The commission would like specific language about the details about the work that is needed at the fire stations. The commission asked about deer management and the cost of that. The commission requested better descriptions of the projects in the CIP. There were concerns about soccer fields, volleyball and stated the CIP needs to be cleaned up. The commission requestedadditional time to review the CIP and recommended tabling it. June 18, 2013 3 Planning CommissionMeetingMinutes Chairperson Fischer closed the public hearing. The Planning Commission is scheduled to meet July 2, 2013, and the commission requested the revisionsbe made by city staff to the CIP and brought back to the commission to review and comment on.The commission preferred and requested a hard copy of the CIP and not reviewing the document online. table Commissioner Trippler moved to the 2014 –2018 CIP (Capital Improvement Plan) until the planning commission meetingof July 2, 2013. Seconded by Commissioner Desai.Ayes -All table The motion to passed. This item goes to the city council July 8, 2013. c.Election of Chair and Vice Chair Chairperson Fischer moved to recommend Commissioner Desai as Chairperson. Seconded by Commissioner Kempe.Ayes –All The motion passed. Chairperson Fischer moved to recommend Commissioner Arbuckle as Vice Chairperson. Seconded by Commissioner Donofrio.Ayes –All The motion passed. 6.NEW BUSINESS None. 7.UNFINISHEDBUSINESS None. 8.VISITOR PRESENTATIONS None. 9.COMMISSION PRESENTATIONS a.Commission presentation for the June 10, 2013, city council meeting. Commissioner Kempe attended. The items reviewed were the conditional use permit revision for the First Evangelical Free Church and the Resolution of Appreciation for Stephen Wensmanwhich were approved by the city council. b.Commission representation for the June 24, 2013, city council meeting. ChairpersonFischer is scheduled to attend. Presently there are no planning commission items scheduled for review. c.Commission representation for the July 8, 2013, city council meeting. Commissioner Ige is scheduled to attend. The items scheduled for review are the Harmony School CUP revision and the CIP review. June 18, 2013 4 Planning CommissionMeetingMinutes 10.STAFFPRESENTATIONS a.Cancellation of July 2, 2013, planning commission meeting.Staff said because the commission would like to meet to review the changes the commission requested to the CIP there will bea Planning Commission meeting now. b.Date new chairperson and vice chairperson duties beginafter the re-election of commissioners. 11.ADJOURNMENT Chairperson Fischer adjourned the meeting at 8:28p.m. June 18, 2013 5 Planning CommissionMeetingMinutes AGENDA REPORT TO: Planning Commission FROM: CharlesAhl, City Manager Tom Ekstrand, Senior Planner SUBJECT:2014-2018 CIP Plan Review and Debt Analysis DATE: July 10, 2013 workshop INTRODUCTION On June 18, 2013, the planning commission reviewed the Capital Improvement Plan (CIP) but tabled their review due to questions raised. In response: 1.We acknowledge that some descriptions are not specific enough.Those will be improved in the 2015-2019 CIP document. 2.The project descriptions for the Park system are guides for future expenditures, but we acknowledge that the on-going Parks Master Plan Task Force may revise, enhance or eliminate any and all of those proposed projects based upon their findings in 2014.Due to the need forfinancial planning, we believe it is appropriate to place projects in years to accommodate that financial plan.Revisions are acceptable, but we believe that it is not good financial planning to not acknowledge that there will be some expenditure of park funds, albeit, it may change substantially. 3.We also note that the expenditure in funds on the streets program is being reduced substantially from the previous year’s investments.Our engineering staff evaluatedall City streets on a 3-year rotating basis.If those ratings indicate that we are not still making progress on improving the overall condition of the City streets, then investments into the streets program will need to be increased.Within this plan, we believe that our conditions for our streets will continue to improve, albeit at a lesser rate than over the past 7-10 years, when we were investing at an accelerated rate. Representatives from the Fire Department, Parks Department and Public Works Department will be available to address concerns and issues on the CIP from the Planning Commission. Staff has attached the CIP memo that was previously presented to them for review in June. The planning commission has already received full copies of the CIP so staff has not reprinted the document for inclusion in this packet. P:CIP\Planning Commission CIP Cover to Main Memo for 071613 Attachment: 1.2014-2018 CIP Plan Review Memo dated June 7, 2013 AGENDA REPORT TO: Planning Commission FROM: Gayle Bauman, Finance Director CharlesAhl, AssistantCity Manager SUBJECT:2014-2018 CIP Plan Review and Debt Analysis DATE: June 7, 2013 workshop INTRODUCTION The Capital Improvement Plan is an annually prepared document that coordinates the planning, financing and timing of major equipment purchases and construction projects. The 2014-2018 CIP document has been released for review by the various Commissions and a Public Hearing on the CIP will be held at the Planning Commission meeting in June. As part of our paperless efforts, a copy of the CIP is available in electronic format on the City’s webpage. A Public Hearing has been called for 7:00 pm and is on thePlanning Commission agenda to allow thePlanningCommission to review the draft CIP as proposed by the staffand discuss ourproposeddebt levels.Afinding by the Planning Commission on the CIPthat “…the proposed CIP is consistent with implementing thegoals of the Comprehensive Plan.”is recommended. Following the receipt of recommendations from all the Commissions, the City Council will be asked to adopt the CIP in July 2013. Adopting the CIP does not commit the council to the proposed projects, norimplement the assumptions made during the preparation; however, this is the basis for the 2014 Budget as we proceed with its preparation. There is a fairly significant decrease in the cost of projects included in the 2014-2018 CIP compared to previous years. The proposed 2014-2018 CIP contains $46.7 million in expenditures while the 2013-2017 CIP contained $67.7 million. The two main reasons for this decrease are1) the once-in-a-decade interchange improvement at TH36-English was included in the 2013-2017 CIP at a cost of $16.2 million and it is not included in the 2014-2018 CIP; and 2) the City’s shift in focus from an accelerated streets program to controlling our debt levels. Debt Analysis Beginning in 2007, the City made a conscious decision to takeadvantage of the favorable construction market and expand its street repair/reconstruction program. Some of the outcomesof this decision are: Many of the badly deteriorated streets in the City were repaired and/or improved. Projects were completed at a lower cost than originally anticipated. More projects could be completed because of the lower costs. Our outstanding debt amount has increased. Two of the internal policiesthe City hasregarding debtservicefund balances and debt leviesare: 1.The ratio ofdebt service fund levies combined with capital expenditure levies to total levies shall be targeted to maintain a level in the range of 15-25%. This policy will help to ensure that the city is always maintaining its infrastructure, either through use of debt or current funding. 2.The City’s fund balance in the Debt Service fund shall be at a minimum level of 50% of annual debt service expenditures. Because the majority of annual debt service is paid on February 1 and August 1 of each year, funds must be onhand for payment of February 1 debt service. With the expansion of the streets program, the City is currently exceeding the targeted level of 15-25% for its debt/capital levy. For 2013, the ratio of debt service fund levies combined with capital expenditure levies to total levies was 26.7%. The proposed CIP includes an increase in the debt/capital levy of $105,070broken down as follows: FUND2013 LEVY2014 LEVY Debt Service4,313,5304,658,600 Capital Improvement Projects180,000180,000 Fire TruckReplacement50,00050,000 Park Development30,00030,000 Public Safety Expansion260,0000 Redevelopment20,00040,000 Economic Development Authority89,27089,270 TOTAL DEBT/CAPITAL LEVY4,942,8005,047,870 Exceeding our target in this case does not have a negative impact on the Cityas long as it doesn’t continue indefinitely. The City consciously made a decision to put more funding toward infrastructure and staff hasbeen able to maintain its operations side. This was accomplished by implementing many different strategiessuch as: Early retirement program Not filling or eliminating vacant positions No COLA increases Deferring projects and/or purchases Deferring repair and maintenance items Changes to health insurance By managing our street projects through the CIP process, we currently anticipate that there will be no bonding requirement for street projects in 2015 and debt service requirements will begin to decrease in 2016. This will eventually bring our debt/capital levy back in line with our internal policy.The history of the debt/capital levy to total levy is as follows: 2007200820092010201120122013 20.2%22.0%20.9%21.7%22.6%25.8%26.7% Based on projections for the Debt Service funds, it appears the City will not be able to maintain a minimum level fund balance in the debt service funds of 50% of annual debt service expenditures for a few years starting around 2016,without a significant increase in the debt levy. While the debt service funds will continue to have a positive total fund balance at the end of each year, there would not be sufficient funds on hand at stst February 1and August 1to make the required debt service payment. What this means is that the debt service funds would temporarily borrow money from the General Fund and pay interest expense on these borrowings. This would continue for a few years until someof our bond issues are paid in full and drop offthe City’s payment schedule. Though this is not an ideal situation, staff does understand that going against the policy in the short term is a better alternative than havingalarge levy increase to avoid the drop in fund balance. Also, new legislation was passed this session which should bring in an additional $530,000 in Local Government Aid and potentially another $300,000 due to the return of the sales tax exemption for cities and counties.The City would look at utilizing these funds to manage our debt levels in the short term.Based on current information,the following table shows the projected year end fund balance for the debt services funds for 2014-2018: 20142015201620172018 YE Fund Balance$6,897,820$4,672,360$3,201,030$2,022,020$1,238,100 % of debt service costs64%46%32%21%13% % of debt service costs w/ 69%56%49%42%42% LGA funds($530,000/yr) CIP Summary A copy of the draft 2014-2018 Capital Improvement Plan has been distributed and can be found on the City’s website at www.ci.maplewood.mn.us. The Transmittal Letter highlights the major projects within the Plan for consideration. The document explains each of the proposed projects, as well as analyzes the impacts on the budget for the various funds, along with the tax impact necessary to implement these projects as proposed. The staff submits projects based upon goals set at the Council/Management Team retreats. The finance staff analyzes the funds available for capital projects along with the impacts of the staff proposals. A number of revisions are made in the project submittals based upon the analysis of finance, aswell as management priorities to achieve the attached CIP plan. The attachedtable shows the changes that were made to the original requests based on the City’s financial means and meetings with the various department heads. Planning Commission Consideration There are a couple of programs that are important to consider for thePlanning Commission to make their finding during the 5-year planning period covered by this CIP as follows: 1.Housing Replacement Program: a.Proposes $100,000 in 2014, again in 2016 and again in 2018. b.The proposal is that the HEDC develop a program for housing rehabilitation or improvement on an every other year basis. c.This is consistent with the Comprehensive Plan goals for reinvestment into the City’s housing stock. 2.Commercial Property Redevelopment a.Proposes expenditures of $2,500,000 over the 5-year period. b.Revenue from this program comes from the sale of property that has been purchased and redeveloped [$1,800,000 is estimated], plus the annual levy of $89,270. c.The proposal is that the HEDC will be involved in the purchase of redevelopment properties, improve the property and then resell the property for increased tax base. The HEDC would make recommendations to the Economic Development Authority. d.This is consistent with the Comprehensive Plan goals for business retention and expansion. 3.Replacement of Fire Station and Public Safety Training Facility a.Proposes $10,750,000 of expenditures over the 5-year period. b.The proposal calls for a new fire station on the 3M Campus and upgrades to the Hazelwood and Gladstone stations while abandoning the stations on Londin Lane, Century Avenue and McMenemy Street in an effort to consolidate service for overall operational cost savings, while improving response times. c.This is consistent with the Comprehensive Plan by maintaining an effective and cost-efficient Public Safety services. 4.Park System Investments a.Proposes $7,428,000, including Prior Year investments into the Park System for upgrades and replacements. b.This is consistent with the Comprehensive Plan by maintaining an effective and quality Park and Open Space system. RECOMMENDATION It is recommended that thePlanning Commission review the projects within the 2014- 2018 Capital Improvement Planand makea finding to the City Council that the2014- 2018 Capital Improvement Plan is consistent with the goals of the Comprehensive Plan. Note: EachCommission may haveappointeda representative to deliver their recommendationon the CIPto the Planning Commission. Thefinding of Consistency th with the Comprehensive Planneeds to delivered the City Council on July 8 ;a representativeshoulddeliver the PC recommendationthat evening. ƌĂĨƚϮϬϭϰʹϮϬϭϴ/W Review by ENR Commission on May 20, 2013 ϭ͘ĂƐƚDĞƚƌŽ&ŝƌĞdƌĂŝŶŝŶŐ&ĂĐŝůŝƚLJʹŽŶ͛ƚŽƚŚĞƌĐŝties that are in the joint powers agreement help pay for this facility? Ϯ͘WĂƌŬ^LJƐƚĞŵƐWůĂŶʹtŚĂƚĚŽĞƐŝƚŵĞĂŶƚŽĞdžƉůŽƌĞĂƌĞĨĞƌĞŶĚƵŵĨŽƌĂƐƵƐƚĂŝŶĂďůĞƉĂƌŬƐLJƐƚĞŵ͍ ϯ͘WŽŶĚůĞĂŶKƵƚͬƌĞĚŐŝŶŐWƌŽũĞĐƚƐʹtŚĞƌĞǁŝůůĂůůthe sediment go and how will it be treated? ϰ͘^ƚƌĞĞƚ/ŵƉƌŽǀĞŵĞŶƚƐʹtŝůůĂůůŽĨŽƵƌĨƵƚƵƌĞƐƚƌĞĞƚŝŵƉƌŽǀĞŵĞŶƚƐĨŽůůŽǁƚŚĞ>ŝǀŝŶŐ^ƚƌĞĞƚ͛Ɛ policy? MEMORANDUM TO: Charles Ahl,City Manager FROM: Michael Martin, AICP,Planner SUBJECT:Conditional Use Permit for Maplewood Auto Mall a Used Auto Sales Business LOCATION: 2529White Bear Avenue (former Super America building) DATE: July 9, 2013 INTRODUCTION Lyudmila Cooper, of Maplewood Auto Mall, isproposing to sell used autos in the vacant, former gas station building (building “B”) located at 2529White Bear Avenue. Selling used autos requires a conditional use permit (CUP) be approved bythe city council. In addition, the applicant is proposing to repaint the façade. There are two existing CUPs for used auto sales at this site; however both only allow “by appointment only.” Ms. Cooper is requesting a CUP that would allow for regular, walk up costumers. BACKGROUND March 22, 1988: The community design review board approved the plans for the Maplewood Auto Center. This facility was developed as an automotive center for auto parts, sales, and vehicle repairs. April 24, 1989: The citycouncil denied an appeal of two of the community design review board’s conditions for approval of the Maplewood Auto Center (Attachment 2) including: 1) The exit on White Bear Avenue shall have only one exit lane, a “no left turn” sign and stop sign; and2) there shall be no outside storage or displays of products or merchandise. November 22, 1999: The city council approved a CUP for Credit Equity Sales to open a motor vehicle sales business for this location. In the year 2000, this permit was taken over by Midwest Auto. July 9, 2001: The city council approved a CUP for Credit Equity to reopen a motor vehicle sales business for this location. August 27, 2001: The city council approved a CUP for Alamo Car Rental to lease motor vehicles. April 22, 2003: The CDRB (community design review board) approved a comprehensive sign plan amendment and design review change. July 27, 2004: The CDRB approved changes to the property owner’s color scheme for the larger building and its pylon sign. DISCUSSION Conditional Use Permit Staff’s initialconcern was allowing a used car sales business that was not by appointment only. However, considering the site’s previous use as a gas station, which created frequent activity with customers driving in and out of the lot, adding another used auto business would not be detrimental to the character of this development. Staff’s other major concern for this site is the allocation of parking spaces. For the past couple of years, staff has dealt with complaints from tenants within the development about other tenants’ use of spaces. Staff alerted the applicant and the property owner that a parking plan would be a conditional of approval for the CUP. The applicant has submitted a parking plan which shows how the parking spaces would be allotted among all the tenants. The parking plan is attached to this report. Currently there is not an enclosed structure for trash servicing the old gas station building. A condition of approval would be for the applicant to submit aplan to staff for how it intends to deal with trash and if needed to submit design plans for an enclosure, subject to the city’s design review process. Staff recommends conditioning the issuance of a license for auto sales on the applicant addressing thetrash enclosure issue. Design Review Staff does notfind any problem with this proposal, especially due to the fact that the applicant is proposing to paint the building with the same color scheme as the adjacent multi-tenant building. The proposedrepainting of the building will give the building a fresh look after sitting vacant for many years. The renderings submitted by the applicant do not appear to match the intent of applicant’s color scheme. The design approval is conditioned on the applicant matching the color with the multi- tenant building. Signage There is a comprehensive sign plan approved for this site. Wall Signs for Tenants of building B (former Super America Gas Station) have the following requirements: a.Wall signage is limited to two signs including one of individual channel letters not to exceed 28-inches high and one readerboard sign not to exceed 24 square feet. Both signs to be placed on the east side of the building. b.Canopy signage is limited to one individual channel letter sign not to exceed 24 inches high. Canopy signage is limited to the east side of the canopy. DEPARTMENT REVIEW Fire Marshal’s Comments Butch Gervais, the Maplewood Fire Marshal, has the following comments regarding this proposal: Fire protection systems (fire extinguishers and a sprinkler system) shall meet all requirements of the code. These systems shall be approved and installed before the applicant begins his business. All vehicles shall be operational. There have been problems with inoperable vehicles on site. There shall be no parting-out of vehicles outside the building and left in the parking lot. The parking lot shall be kept clear of junk. All service work that is needed on vehicles shall be completed inside a proper service garage. There shall be an after-hours contact person on record with the city’s emergency dispatcher. Police Comments Lieutenant Richard Dobblar, of the Maplewood Police Department, finds no public safety concerns, but has concerns regarding the traffic patterns through the lot and the adjacent Mapleridge Shopping Center. Building Official’s Comments David Fisher, the Maplewood Building Official, has the following comments. The applicant shall: Verify what was in the space in the past. If the building occupancy has changed, the applicant shall need to comply with all applicable code requirements relative to his new building use. A building permit may then be required. Verify that the parking used with this business does not obstruct fire department access for their trucks. RECOMMENDATIONS A.Adopt the resolution attached to this reportapproving a conditional use permit for used car sales at 2529White Bear Avenue. Approval is based on the findings required by the code and subject to the following conditions: 1.All façade improvementsforthe Maplewood Auto Mallused autosales business shall follow the plansapproved by the city. The director of community development may approve minor changes. 2.The applicant shall comply with the signage requirements of the city code and the auto center’s sign criteria. 3.Fire protection systems (fire extinguishers and a sprinkler system) shall meet all requirements of the code. These systems shall be approved and installed before the applicant begins his business. 4.All vehicles shall be operational. There have been problems with inoperable vehicles on site. 5.There shall be no parting-out of vehicles outside the building and left in the parking lot. 6.The parking lot shall be kept clear of junk. 7.All service work that is needed on vehicles shall be completed inside a proper service garage. 8.There shall be an after-hours contact person on record with the city’s emergency dispatcher. 9.Verify what was in the space in the past. If the building occupancy has changed, the applicant shall need to comply with all applicable code requirements relative to his new building use. A building permit may then be required. 10.Verify that the parking used with this business does not obstruct fire department access for their trucks. 11.Theproposed motor vehicle sales use must be substantially started within one year of city council approval or the permit shall become null and void. The council may extend this deadline for one year. 12.The city council shall review this permit in one year. 13.The property owner shall provide city staff a plan for trash removal or design plans for a new enclosed structure, subject to the city’s design review process. 14.All tenants at the Maplewood Auto Center must adhere to the parking plan, dated July 8, 2013,assubmitted bythe property owner to city staff. B.Approve the design plans attached to this report for the façade improvements on building B (former Super America) located at 2529White Bear Avenue. 1.Color of stucco should be tan, matching building A. 2.Color striping sequence on the canopy shall match the existing sequence on building A. CITIZEN COMMENTS Staff surveyed the owners of the 18 properties within 500 feet of the proposed used auto sales business for their comments. Of the three replies, one had “no comment,” one was in favor and one was opposed. In Favor I have no objections as long as they maintain a clean operation especially along White Bear Avenue. A landscaped buffer along White Bear Avenue would be preferred. (Bachmans, 2600White Bear Avenue North) Opposed My name is Antoniette Guzzo. Per my mother’s (Carol Guzzo) request, I am responding to your request for my mother’s opinion regarding the Maplewood Auto Mall Proposal.Carol has reviewed the proposal to have a used auto sales at 2525 White Bear Avenue and with careful consideration has decided not to provide a favorable opinion. She would not like to see a used car lot in this area is it does not fit within the demographics of the area. White Bear Avenue has been an area where people come to frequent specialty stores and Hwy 61 has been delegated for new and used car dealers. Carol would like to preserve White Bear Avenue's slow paced family orientated atmosphere and request that this Auto Mall is located somewhereon Hwy 61.Carol is also concerned with the following points if this Auto Mall is approved. Bright Lights -Car lots usually require brighter lights to showcase their vehicles and to help detour theft. If more lights are added it would be an eye soar to surrounding residence which would bring down the value of their homes. Theft -There is a potential of people using the land behind Carol's property to access the Auto Mall. (Carol Guzzo 1876 County Road C. E.) No Comments I have no comments. (Alerus Financial, 401 Demers St., Grand Forks, ND) REFERENCE INFORMATION SITE DESCRIPTION Site Size:4.8 acres Existing Use: Maplewood Auto Center and former Super America building SURROUNDING LAND USES North:A multi-tenant commercial building and vacant property. South:Mapleridge Shopping Center West:Undeveloped wetlands owned by Ramsey County. East:Across White Bear Avenue are Bachman’s and the Goodwill. PLANNING Land Use Plan: C (Commercial) Zoning: BC (Business Commercial) Ordinance Requirements Section 2-290 of the city code requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplatedby this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 44-512 (5) (a) requires a CUP for the sale of used motor vehicles. Section 44-1097 (a) states that the city council may approve a CUP, based on nine standards. Refer to the findings in the attached resolution. APPLICATION DATE Staff received the complete application and plans for this proposal on June 11, 2013. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required onthis proposal by August 10, 2013, unless the city needs an extension. p:sec11\Fleetwood Motors Attachments: 1.Location Map 2.Aerial Map 3.Land Use Map 4.Zoning Map 5.Site Plan 6.Parking Plan 7.Façade Update Plans 8.Applicant’s Letter of Request 9.Conditional Use Permit Resolution Attachment 1 2525 White Bear Avenue (Proposed Use Auto Sales) Chad Bergo Proposed Used Auto Sales - 2525 White Bear Avenue Location Map Attachment 2 2525 White Bear Avenue (Proposed Use Auto Sales) Chad Bergo Proposed Used Auto Sales - 2525 White Bear Avenue Aerial Map Attachment 3 2525 White Bear Avenue (Proposed Use Auto Sales) Open Space Government Commercial Commercial Chad Bergo Proposed Used Auto Sales - 2525 White Bear Avenue Future Land Use Map Attachment 4 2525 White Bear Avenue Farm (Proposed Use Auto Sales) Business Commercial Commercial Chad Bergo Proposed Used Auto Sales - 2525 White Bear Avenue Zoning Map Attachment 6 6IGIMZIH .YP] Attachment 7 Attachment 7 Attachment 7 Attachment 8 Attachment 8 Attachment 9 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Lyudmila Cooper, of Maplewood Auto Mall, applied for a conditional use permit for the saleof used motor vehicles at the Maplewood Auto Center: WHEREAS, this permit applies to property located at 2529 White Bear Avenue. The legal description is: SUBJECT TO EASEMENTS: N 280 FEET OF LOT 2 & ALL OF LOT 1 BLOCK 1, MAPLE RIDGE MALL (PIN 11-29-22-22-0040) WHEREAS, the history of this conditional use permit is as follows: 1.On July 16, 2013, the planning commission held a public hearing and recommended that the city council _________ this permit. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning also considered reports and recommendations of the city staff. 2.On _________, 2013, the city council reviewed this proposal. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approved this permit because: 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 exceedthe 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. The use would cause no more than minimal adverse environmental effects. 9. Attachment 9 Approval is subject to the following conditions: 1.All façade improvementsforthe Maplewood Auto Mallused autosales business shall follow the plansapproved by the city. The director of community development may approve minor changes. 2.The applicant shall comply with the signage requirements of the city code and the auto center’s sign criteria. 3.Fire protection systems (fire extinguishers and a sprinkler system) shall meet all requirements of the code. These systems shall be approved and installed before the applicant begins his business. 4.All vehicles shall be operational. There have been problems with inoperable vehicles on site. 5.There shall be no parting-out of vehicles outside the building and left in the parking lot. 6.The parking lot shall bekept clear of junk. 7.All service work that is needed on vehicles shall be completed inside a proper service garage. 8.There shall be an after-hours contact person on record with the city’s emergency dispatcher. 9.Verify what was in the space in the past. If the building occupancy has changed, the applicant shall need to comply with all applicable code requirements relative to his new building use. A building permit may then be required. 10.Verify that the parking used with this business does not obstruct fire department access for their trucks. 11.The proposed motor vehicle sales use must be substantially started within one year of city council approval or the permit shall become null and void. The council may extend this deadline for one year. 12.The city council shall review this permit in one year. 13.The property owner shall provide city staff a plan for trash removal or design plans for a new enclosed structure, subject to the city’s design review process. 14.All tenants at the Maplewood Auto Center must adhere to the parking plan, dated July 8, 2013, as submitted by the property owner to city staff. The Maplewood City Council ___________this resolution on ____________, 2013. MEMORANDUM TO:Charles Ahl,City Manager FROM:Michael Martin, AICP, Planner Conditional Use Permit for Our City –Our Neighborhood Church SUBJECT: LOCATION:1812 North Saint Paul Road DATE:July 9, 2013 INTRODUCTION Samuel Ly, on behalf of OurCity –Our Neighborhood Church,is requesting approval of a conditional use permit (CUP) to locate their congregation to avacant medical office building, located at 1812 North Saint Paul Road.The proposed seating capacity for the church is 187. Refer to the attachments. BACKGROUND On August 17, 1972, the city council approvedbuilding plans for a medical building. On March 1, 1973, the city council approved building plans for an expansion to the existing building. DISCUSSION Parking The applicant indicated the congregation is made up of 45 families. The proposed church seating capacity is 187 seats. Based on the seating capacity the code requires 47parking spaces,based on an average of four persons per vehicle (the average noted in the city’s parking code). The existing parking lot provides spaces for up to 48cars –meetingthe code requirements. The applicant has submitted a letter from the CFO of Junior Achievement which has a large parking lot across the street from the proposed church location. This letter describes a willingness to develop a shared parking agreement ifneeded. At this point, city staff does not see the need to require a shared parking agreement, but if parking becomes an issue any parking agreements need to be approved by the city council. As conditions of approval for the CUP, staff is recommending the applicant submit a plan for restriping the parking lot as the current lines have faded. This plan should detail the number and dimensions of each space. Also, the applicant shall ensure none of the congregation members park on the street or on neighboring parking lots. Trash Enclosure Currently the site has no enclosed structure for trash receptacles. Code requires any exterior storage of trash receptacles to be within an enclosed structure. The applicant should be required to submit design plans for a trash enclosure to be built on site. CUP Findingsfor 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 naturaland scenic features. Not cause adverse environmental effects. The proposed church would meet these nine criteria.As mentioned above,though,parking should be restricted to the site and should be monitored and considered during the annual CUP reviews. Staff Comments Building Official Dave Fisher, the building official, stated the proposed church is a change in use and change in occupancy. A new certificate of occupancy is required. The building is required to be fire sprinklered. A design professional is required for building code analysis. This will provide the new owner with all the requirements. Assistant Fire Chief Theapplicantwill need to install fire protection and alarm system per-code. The applicant will also need to provide access for the fire department in cases wherethe parking lot is full then the applicant will need to maintain both exits/entrances in and out of the parking lot. Police LieutenantRichard Doblar had no concerns. City Engineering A SAC determination will be required for the change of use. The applicant shall pay all fees associated with this determination. RECOMMENDATION Adopt the resolution approving a conditional use permitfor Our City –Our Neighborhood Church, located at 1812 North Saint Paul Road.Approval is based on the findings required by ordinance and subject to the following conditions: 1.No exterior site or building exterior changes, except signage, shall take place unless approved by the city. Signs shall follow the city’s sign ordinance. Signs shall not be installed unless the applicant first obtains sign permits. 2.Any and all trash receptacles shall be contained within an enclosed structure. Any design of a new structure shall be subject to the city’s design reviewprocess. 3.The proposed usemust be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4.The city council shall review this permit in one year. 5.All of the applicant’s parking shall be confined to the site and not allowed on city streetsor neighboring properties. 6.The city shall monitor any parking complaints and report to the city council about compliance annually during the CUP review. 7.The applicant shall submit a parking restriping plan for staff approval. 8.The applicant shall comply with all requirements of the building official, assistant fire chief andcity engineer. CITIZEN COMMENTS Staff surveyed the owners of the 29properties within 500 feet of the proposed church for their comments. Of the fourreplies, one had “no comment,” one was in favor, onewas opposed and onehad a parkingcomment. In Favor As long as they comply with all applicable city ordinances –especially noise and garbage, we have no objections. (Junior Achievement,1800 White Bear Avenue North) Opposed I would be opposed to another church in the area. We need more tax based businesses. How would parking be accommodated. (Debra Pedro,1829 North Saint Paul Road) Parking Concners We, as Landlod, currently lease the adjacent property to O’Reilly Automotive Stores, who are concerned about the church utilizing O’Reilly’s parking lot which is closer to the proposed church than their existing parking. This is obviouslya major concern to our tenantand us, as Landlaord as well. As you may be aware, O’Reilly Stories are openand operational on Sundays, and parking and traffic congestion are items of concern. (Kin Properties, 185 NW Spanish River Blvd., Boca Raton FL) No Comments I have no comments. (Alerus Financial, 401 Demers St., Grand Forks, ND) REFERENCE INFORMATION SITE DESCRIPTION Site size: 0.58acres Existing land use: Vacant, former medical office building SURROUNDING LAND USES North: North Saint Paul RoadandJunior Achievement South: Branch28Building East: Auto repair business West: Auto parts retail store PLANNING Land Use Plan designation: MU(mixed use) Zoning: MU(mixed use) CODE REQUIREMENTS Section 44-1092(3) of the city ordinances requires a CUP for churches. Findings for CUP Approval Section 44-1097(a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. APPLICATION DATE The application for this request was complete on June 11, 2013. State law requires that the city decide on land use applications within 60 days. The deadline for council action, therefore, is August 10, 2013. P:\SEC14\1812 North St Paul Road\1218NorthStPaulRoad_CUP_PC_071613 Attachments: 1.LocationMap 2.AerialMap 3.Land Use Plan Map 4.Zoning Map 5.Applicant’s Written Narrative 6.Applicant’s Proposed Floor Plan 7.Letter from Junior Achievement, dated June 6, 2013 8.CUP Resolution Attachment 1 1812 North Saint Paul Road (Proposed Church) Chad Bergo Proposed Church - 1812 North Saint Paul Road Location Map 6 Attachment 2 1812 North Saint Paul Road (Proposed Church) Chad Bergo Proposed Church - 1812 North Saint Paul Road Aerial Map 7 Attachment 3 1812 North Saint Paul Road (Proposed Church) Chad Bergo Proposed Church - 1812 North Saint Paul Road Future Land Use Map - Mixed Use 8 Attachment 4 1812 North Saint Paul Road (Proposed Church) Chad Bergo Proposed Church - 1812 North Saint Paul Road Zoning Map - Mixed Use 9 10 Attachment 6 11 Attachment 7 12 Attachment 8 CONDITIONALUSE PERMIT RESOLUTION WHEREAS, the Our City – Our Neighborhood Churchapplied for a conditional use permitto operate a church. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for churches and institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 1616 Gervais Avenue. The property identification numberis: 14-29-22-33-0012 WHEREAS, the history of this conditional use permit is as follows: 1.On July 16, 2013,the planning commission held a publichearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. 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 city staff. The planning commission recommended that the city council _______this permit. 2. On ___________, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-described conditional use permit, because: 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.Theuse 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. 13 The use would cause no more than minimal adverse environmental effects. 9. Approval is subject to the following conditions: 1.No exterior site or building exterior changes, except signage, shall take place unless approved by the city. Signs shall follow the city’s sign ordinance. Signs shall not be installed unless the applicant first obtains sign permits. 2.Any and all trash receptacles shall be contained within an enclosed structure. Any design of a new structure shall be subject to the city’s design review process. 3.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4.The city council shall review this permit in one year. 5.All of the applicant’s parking shallbe confined to the site and not allowed on city streets or neighboring properties. 6.The city shall monitor any parking complaints and report to the city council about compliance annually during the CUP review. 7.The applicant shall submit a parking restriping plan for staff approval. 8.The applicant shall comply with all requirements of the building official, assistant fire chief and city engineer. The Maplewood City Council __________ this resolution on ___________. 14 Attachment 7 II I ----- -----------J -----— .__.--_.-_- L_----__-- L— T � I I I j } 1 a 0 F. , . o II I ----- -----------J -----— .__.--_.-_- L_----__-- L— T � I I I j } 1 a