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HomeMy WebLinkAbout04/18/2005MAPLEWOOD PLANNING COMMISSION 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. April 4, 2005 5. Public Hearings 7:00 Monday, April 18, 2005, 7:00 PM City Hall Council Chambers 1830 County Road B East 3M Building #278 - Leadership Development Institute and Customer Center (Minnehaha Avenue) Right-of-Way Vacations Utility Easement Vacation Conditional Use Permit 7:20 Conditional Use Permit (CUP) Revision - Home Depot (2360 White Bear Avenue) 6. New Business Resolutions of Appreciation - Jeff Bartol and Daniel Lee 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations April 11 Council Meeting: Mr. Desai April 25 Council Meeting: Mr. Ahlness May 9 Council Meeting: ~ (was to be Mr. Bartol) 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, APRIL 4, 2005 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Chairperson Lorraine Fischer Present Commissioner Eric Ahlness Absent Commissioner Jeff Bartol Present Vice-Chairperson Tushar Desai Present Commissioner Mary Dierich Absent Commissioner Michael Grover Absent Commissioner Daniel Lee Absent Commissioner Gary Pearson Present Commissioner Dale Trippler Present Staff Present: Tom Ekstrand, Senior Planner Lisa Krol!, Recording Secretary III. APPROVAL OFAGENDA Commissioner Pearson moved to approve the agenda. Commissioner Trippler seconded. Ayes - Bartol, Desai, Fischer, Pearson, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for March 21,2005. Commissioner Trippler moved to approve the planning commission minutes for March 21,2005. Commissioner Desai seconded. Ayes - Bartol, Desai, Fischer, Trippler Abstention - Pearson V. PUBLIC HEARING a. Easement Vacation (Wyngate Townhomes - Legacy Village) (7:03-7:05 p.m.) Mr. Ekstrand said on October 26, 2004, the community design review board (CDRB) approved the plans for the 50-unit Wyngate Rental Townhomes at Legacy Village. After this approval, the applicant found that there is an unneeded drainage and utility easement on the site. This easement had followed a lot line that was created as part of the original Legacy Village plat. Planning Commission Minutes of 04-04-05 -2- Mr. Ekstrand said when the site was replatted for the Heritage Square Second Addition town house development and the Wyngate site, this lot line was moved to the west to enlarge the VVyngate property. The end result was a remaining drainage and utility easement that serves no purpose as it would lie under the building. Mr. Frank Janes, of the Hartford Group, Inc., is requesting that the city council vacate this easement. Chairperson Fischer asked the applicant to address the commission. Mr. Frank Janes, of the Hartford Group, Inc., addressed the commission. The planning commission did not have any questions for Mr. Janes or for staff. Commissioner Pearson moved to adopt the resolution in the staff report vacating an unneeded drainage and utility easement on the VVyngate Town House site. This vacation is because it is in the public interest since this drainage and utility easement would serve no public purpose. Commissioner Bartol seconded. Ayes - Bartol, Desai, Fischer, Pearson, Trippler The motion passed. This item goes to the city council on April 25, 2005. 7:05 p.m. - Gladstone Update Because it was too early to start the second public hearing, Chairperson Fischer asked Commissioner Trippler to give an update on the Gladstone Redevelopment area. Commissioner Trippler reviewed the Stepping Stone handout that was mailed showing three different concept designs. b. Parking Lot Setback Variance (Heritage Square 4th Addition - County Road D, west of Highway 61) (7:15-7:40 p.m.) Mr. Ekstrand said Town and Country Homes has requested approval of a 90-unit town house development on the Trout Land development site westJnorthwest of Gulden's Roadhouse and Venburg Tire. During the staff review of this proposal, we found that the interior frontage drive and some of the parking spaces do not meet the required 15-foot setback from the County Road D Extension right-of-way. The proposed pavement would be nine feet from the front lot line requiring a six-foot setback variance. The applicant has revised the plan to have a 10-foot-wide utility easement as recommended by Chris Cavett in engineering. On March 7, 2005, the planning commission reviewed the applicant's preliminary plat. On March 8, 2005, the community design review board (CDRB) reviewed the design plans. The CDRB required that the applicant "Revise the site plan to provide a 15-foot setback for the proposed frontage drive and visitor parking spaces or obtain a variance from the city council. The applicant must provide at least .5 visitor parking spaces for each unit. The northernmost building needs two additional visitor spaces while taking into account the 15-foot setback requirement." The applicant recently revised their plans to have three additional visitor spaces. Planning Commission -3- Minutes of 04-04-05 Mr. Ekstrand said state law requires that to approve a variance, the city council must determine that: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Staff feels the variance should be approved. Commissioner Trippler asked if the CDRB had a preference for granting or not granting the variance? Mr. Ekstrand said at that time the staff recommendation was that the site plan would need to be revised. The applicant said they would prefer to ask for the variance. At that point the CDRB amended their recommendation to either change the site plan or obtain a variance. Staff didn't get a sense for their preference for or against the variance. Chairperson Fischer asked the applicant to address the commission. Mr. Kevin Clark, Director of Land Development for Town & Country Homes, 7615 Smetana Lane, Suite 180, Eden Prairie, addressed the commission. Mr. Clark said because of the changes in the design of County Road D, changes to the Town & Country Homes design plan had to be made, and this is the reason for the variance. Chairperson Fischer said if anyone in the audience wanted to speak regarding this item, they should come forward and address the commission. Mr. Hal Tetzloff, 1260 Hi.qhrid.qe Court, Maplewood, addressed the commission. He appreciates the additional parking that has been added to the site for the 18-unit townhome building but he still has concerns about where visitors will park when people have parties or holidays. He asked if cars would be allowed to park along County Road D? He believes people will be forced to park along County Road D because there will be no other parking alternative for the additional visitor vehicles. Mr. Ekstrand agreed with Mr. Tetzloff that visitor parking is still a concern. Even though the applicant has met the city standards for parking, staff realizes the serious need for additional visitor parking which there never seems to be enough of. He frequently visits friends and relatives who live in townhome communities and finds a lack of parking most of the time. At the time of reviewing the Legacy Village development plans, which is currently being built behind Maplewood Mall, staff established a formula for at least % a visitor parking space for every unit (or 1 parking space for every two units) and that is what staff is recommending the applicant provide. He is sure there will be overflow parking problems, and if cars park on County Road D, there would probably be tickets issued. The city would encourage the applicant to put in as many additional parking spaces as they can, even though they meet the city standards. Mr. Tetzloff is concerned about the curviness and the grade of the read if people decide to park on County Road D. Parking along County Road D would be a public safety concern as well for the cars driving on County Road D. Planning Commission -4- Minutes of 04-04-05 Mr. Ekstrand said the street is not designed for on-site parking. The road is meant to move traffic along. He believes County Road isn't intended for parking, but he would clarify that. He would estimate people would try to park within the townhome development and along the driveway area before they would try parking along County Road D. Mr. Ekstrand said he would be happy to check into this matter further and would telephone Mr. Tetzloff with the answer. Mr. Tetzloff is also concerned about the trail connection and sidewalk to be built in the area where a lot of pedestrian traffic will occur and would be a safety concern. Mr. Clark said there is a pre-construction meeting Tuesday April 5, 2005, regarding County Road D so the question of parking or not parking on County Road D could be answered then. Commissioner Bartol said the city must know how wide County Road D will be, and he would assume because this is a county read there wouldn't be parking allowed on this street. The resident raises some very good issues that should be looked into. He is concerned where the snow would go when it gets plowed because this could further cause a lack of parking spaces. Mr. Clark said the homeowners association would have a contract for snow "removal" and not snow "storage", so snow would have to be removed from the site and therefore would not take up parking spaces. In eadier discussions with Trout Land, this situation didn't occur until there was an adjustment in the location of County Road D and the design where it got pushed to the west. This is the residual impact of the design of this. Commissioner Desai asked if there had been any discussions with the commercial property owners along County Road D to see if overflow parking could park in those parking lots? Mr. Clark said there hasn't been a specific appeal to any of the commercial property owners, but that is something they could check into. Mr. Ekstrand mentioned a brief telephone conversation that he had with a resident in the area, Mr. Edmund Trolander, 1256 HiRhridqe Court, Maplewood. Mr. Trolander voiced his opposition and felt the setbacks should be met and that there is a reason the City of Maplewood has codes. Mr. Tetzloff knows there are economic reasons why people do or don't do things. He would like to see the applicant reduce the number of units for this 18-unit building down to 16. The applicant probably wouldn't like this, but it is the easy solution which would take care of the parking problem and the setback. The building originally had 20 units, and the applicant reduced the number of u nits by two. The applicant could reduce the number of u nits by two more, and this would take care of all the problems except for the applicant's economic need. Commissioner Trippler moved to adopt the resolution on page 5 of the staff report approving a five-foot parking and driveway setback variance from the future County Road D Extension right- of-way line. Approval is based on the following findings: 1. Complying with the 15-foot parking lot/driveway setback code would cause the applicant undue hardship due to the narrow shape of the site which makes setback compliance difficult. Planning Commission Minutes of 04-04-05 -5- Relocating the parking lots, frontage drive and buildings to the west would require additional grading and slope stabilization and would impact the neighbors by reducing the building setback to the west. The variance would meet the spirit and intent of the ordinance since there would still be adequate area to plant trees between the driveway curbing and the front lot line. The reduced setback would also not be visually noticeable. Approval of this variance is conditioned upon the applicant revising the plans to provide a 10-foot pavement setback in order to stay off of the required 10-foot-wide utility easement. As required previously, the applicant must also provide at least nine visitor parking spaces for the northerly building. Commissioner Pearson seconded. Ayes - Desai, Fischer, Pearson, Trippler Nay- Bartol The motion passed. This item will go to the city council on April 25, 2005. Commissioner Bartol said he voted against this proposal because of the challenging site, the topography, curves and width of County Road D, the unknown traffic volume, as well as the minimal amount of visitor parking. To grant another variance goes against what he feels is a sound decision for this neighborhood and the overall community that would be using the thoroughfare. This development has a history. This item was discussed less than one year ago when the planning commission recommended medium density for roughly 72 units. The developer was fine with that density a year ago, and it should work economically now too. Reducing the number of units on the site by one or two units would greatly ease the lack of visitor parking, and the variance would be unnecessary. The economic benefit of the developer is not a sufficient enough reason to vote for this variance. VI. NEW BUSINESS None. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. No Planning Commission representation was needed at the March 28, 2005, city council meeting so there was nothing to report. Planning Commission -6- Minutes of 04-04-05 b. Mr. Desai will be the planning commission representative at the April 11, 2005, city council meeting. Items to discuss include the Ramsey County 800 MHz Antenna Facility (645 Steding Street South). The city council will also hold interviews for the planning commission. c. Mr. Ahlness was to volunteer as the planning commission representative at the April 25, 2005, city council meeting, however, he was not present at the meeting. Therefore, Lorraine Fischer said she would change places with Eric Ahlness. Items to discuss include the Easement Vacation Request for Wyngate Townhomes (north side of Legacy Parkway), and the Parking Setback Variance for Heritage Square 4t~ Addition (New County Road D and Highway 61). X. STAFF PRESENTATIONS Mr. Ekstrand reminded the planning commission of the public Gladstone workshop on Thursday, April 7, 2005, at 6:30 p.m. at the Maplewood Community Center. Xl. ADJOURNMENT The meeting was adjourned at 7:45 p.m. TO: FROM: SUBJECT: LOCATION: DATE: MEMORANDUM Richard Fursman, City Manager Shann Finwall, AICP, Planner 3M Building 278 - Leadership Development Institute/Customer Center 3M Campus - south of Minnehaha Ave., east of Wells Fargo April 13, 2005 INTRODUCTION Project Description 3M proposes to construct an 83,000 square foot building to house a new leadership development institute and a customer center. The leadership development institute will consist of two conference centers created for leadership training. The customer center will consist of exhibition space and will serve as a marketing function for current and future 3M customers. The building will be constructed on vacant 3M Campus property located south of Minnehaha Avenue, just west of Wells Fargo Bank. Requests In order to construct the new building, 3M is requesting the following city approvals: A conditional use permit (CUP) to construct a building closer than 350 feet to a residential zoning district. City code requires all exterior uses within the M-1 zoning district, except parking, to maintain a distance of 350 feet to a residential zoning district. 3M proposes to construct their building within 325 feet of the residential zoning district located to the north of the site. 2. The vacation of two unused right-of-ways. 3. The vacation of an unused utility easement. A parking reduction authorization. City code requires 416 parking stalls for this development. 3M proposes to construct 286 parking stalls and supply 147 proof- of-parking stalls for future development if needed. 5. Design review. The planning commission will review and make a recommendation on the conditional use permit and two vacation requests at their April 18, 2005, meeting. The community design review board (CDRB) will review and make a recommendation on the parking reduction authorization and design review at their April 26, 2005, meeting. The city council's final review of the whole proposal is currently scheduled for May 9, 2005. DISCUSSION Conditional Use Permit As stated above, a CUP is required for this development due to the fact that the building would be constructed closer than 350 feet to a residential zoning district. Properties to the north, across Minnehaha Avenue, are zoned residential. According to city code, when there are two distinct zoning districts located across a street, the residential "zoning district" begins at the centerline of the street. The site has several development challenges that limit where 3M may build. These include an existing sanitary sewer line which runs along the south side of the site and a wetland on the south extending to the northeast corner of the site. In order to maintain the required setbacks from the sanitary sewer and wetland, the building will have two areas that encroach onto the required 350 foot setback to the adjacent residential zoning district. These include the wing wall of the loading dock and the entry canopy. The wing wall will come within 325 feet and the canopy will come within 340 feet of the centerline of Minnehaha Avenue. City code states that the city council may grant a CUP subject to nine standards for approval. Following are the nine standards and reasons for approval: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. The property is zoned and guided in the city's comprehensive plan as M-1 (light manufacturing). 3M's proposed use of the land includes office, auditorium, exhibit, and cafeteria space which are all permitted uses within the M-1 zoning district. The use would not change the existing or planned character of the surrounding area, Again, the property is guided as M-1 and is contiguous with 3M's existing campus area. The city has planned for the expansion of the 3M Campus on this property through the comprehensive plan. While the development will change the existing character of the homes to the north, across Minnehaha Avenue, the proposed development is planned so that this change will be minimal including constructing the parking lot 40 feet from the Minnehaha Avenue right-of-way, which is 60 feet from the paved portion of the read; installing a 4-foot-high berm in front of the parking lot with extensive landscaping on top to ensure screening; designing the parking spaces to run east/west to ensure no headlight glare; and constructing an overall quality development. 3. The use would not depreciate property values. New construction in the area, especially quality construction as proposed by 3M, should increase property values in the area. 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, 2 smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. Possible nuisances caused by the proposed use could include light glare from parking lot and vehicle headlights, loading and unloading within the proposed loading dock, and additional traffic. Traffic concerns will be addressed below. Light glare from vehicles is being addressed by 3M by the parking lot design (eastJwest facing parking spaces) and construction of the landscaped berm in front of the parking lot. In addition, the easterly driveway will line up with the new Crestview Court cul-de-sac located to the north, and the westerly driveway will line up between two residential properties to ensure vehicle headlights do not glare into the homes. The parking lot lights should not pose a nuisance as well due to the fact that they meet the city code requirement for height (25 feet) and light illumination (.4 foot candles of illumination at all property lines). 3M states that the loading dock is proposed for trash and recycling pick up and deliveries with box-style vans (i.e., UPS truck). Only on rare occasions will this use require large loading and unloading services and therefore should not pose a nuisance to the homes to the north, all of which will be located over 383 feet from the dock itself. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. Three neighbors have expressed concern over the added traffic from the development. 3M states that traffic will be reduced on the site by the reduced number of parking spaces. City code requires 416 parking spaces for this development, 3M proposes 286, which is the amount they feel is necessary for the use. 3M states that the facility will serve a limited population and operate primarily during business hours with occasional evening activities. Many of the guests to the site will initially be visiting the main campus where there is adequate parking. 3M proposes to shuttle these guests to the site from the main campus, thus alleviating some of the traffic and parking concerns. However, in order to ensure the use would not create traffic congestion, the city's engineering department is requiring 3M to conduct a traffic study to analyze trip generation for future and proposed development, including peak traffic hours. This study should be complete and approved by the city's engineering department prior to issuance of a building permit. Minnehaha Avenue is a county road. Dan Solar, traffic engineer with Ramsey County, reviewed 3M's proposed development and states that in addition to the traffic study, 3M should install two right-turn lanes into the two driveway entrances. Also, Mr. Solar states that no additional access connections onto Minnehaha Avenue will be allowed for the entire site. 3M must accommodate any future development on site through the two proposed access connections or share the eastern Wells Fargo driveway. 3 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. The use is served by adequate public facilities including sewer and water which currently run along Minnehaha Avenue and sewer on the south side of the property. The use would not create excessive additional costs for public facilities or services. All public facilities required for the use (i.e., sewer and water hook up, turn lanes) will be funded by 3M. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The proposed building will incorporate the site's natural and scenic features, mainly the wetland, by maintaining required wetland setbacks (discussed further below), grading the site to expose a two-story fa(;ade with several glass fenestrations on the south side of the building facing the wetland, and adding several ponds and rainwater gardens to treat runoff from the site. 9. The use would cause minimal adverse environmental effects. Land uses near the large wetland on the site are governed by the city's environmental protection and shoreland ordinances. The required setback for the building to the ordinary high water mark of the wetland is 50 feet. On average the building will maintain a 100-foot setback, with only one area of the building coming within 50 feet of the wetland. The development will also require the filling of one small wetland located on the north side of the site. 3M proposes to mitigate this wetland at a 2:1 ratio on site. Ramsey/Washington Metro Watershed District will review 3M's wetland mitigation plan in May, after they can verify the wetland delineation. A condition of city approval must also include watershed district approval and permit for the development. In addition to 3M minimizing impacts to the environment by maintaining the required setbacks to the wetland and wetland mitigation at a 2:1 ratio, they also propose extensive landscaping including 92 trees, 202 shrubs, 1,275 perennials, and native grass and wildflower plantings. Future Development As stated above, the site has several development challenges. City staff inquired about the possibility of 3M shifting the building to the west which would allow 3M to utilize one existing driveway currently shared with Wells Fargo and reduce the impacts to the small wetland which needs mitigating. 3M states they have future development plans for this area to include a 20-unit residential facility to house out-of-town guests attending the leadership development institute. This development will require future city approvals. 4 Vacations Street Right-of-Ways There are two 33-foot-wide right-of-ways located on the property. One is running east/west (Margaret Street) and the other is running north/south (Meyer Avenue). In order to develop the site, 3M is requesting these right-of-ways be vacated. The right-of- ways are not serving a public interest today or in the future, and therefore the city should vacate these right-of-ways to allow 3M to develop this site. Utility Easement There is a 20-foot-wide utility easement which runs east/west along the south side of the site. There is sanitary sewer located within the utility easement. Approximately 200 feet of the sanitary sewer line does not follow the easement alignment. For this reason, the city should vacate the portion of the easement which does not have the sanitary sewer line and require 3M to redirect and rededicate a new utility easement to the city. OTHER COMMENTS Police Department: Lieutenant Dave Kvan states that there are no public safety concerns with the proposed development. Fire Department: Butch Gervais, Fire Marshal, had the following comments in regard to the development: 1) fire protection system shall be installed according to state and local codes (sprinkler system); 2)fire alarm system shall be installed per state and local codes; 3) emergency access road of 20 feet wide shall be provided; 4) if there are any storage areas with hazardous materials they must be properly marked. Building Department: Dave Fisher, Building Official, had the following comments in regard to the development: 1) the building setbacks must comply with the 2000 IBC for exterior wall protection; 2) a complete building code analysis will be required when plans are submitted for permits; 3) provide fire department access; 4) the buildings are required to be fire sprinklered; 5) retaining wails over four feet in height require engineering and a building permit; 6) a pre-construction meeting with the building department is recommended. Engineering: The city's engineering department and the Ramsey County Engineenng Department reviewed 3M's proposal for grading/drainage and traffic issues. Erin Laberee, Civil Engineer with the City of Maplewood, outlines the two engineering department's comments in the attached memorandum dated April 12, 2005 (Attachment 12). Watershed District: Tina Carstens, Permit Program Coordinator with the RamseyNVashington Metro Watershed District, states that the development requires a watershed district permit. The development will be constructed within 50 feet of a large wetland (3M Pond) and will require the complete filling of a small wetland on the site. A replacement plan for the filled wetland has been received by the District, but was received during a time when the wetland delineation could not be verified. Therefore, the watershed district cannot process the application until the delineation of the wetland can be verified after (May 1). 5 RECOMMENDATIONS Approve the conditional use permit resolution attached (Attachment 13). This resolution approves a conditional use permit for a building to be constructed closer than 350 feet to a residential zoning district within a light manufacturing zoning district. The building will be constructed within 325 feet of a residential zoning district on the vacant 3M Campus property located south of Minnehaha Avenue, west of the Wells Fargo Bank (670 McKnight Road). Approval is subject to the following conditions: The city engineer shall approve final construction and engineering plans prior to issuance of a grading permit. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the installation of two right-turn lanes. All construction shall follow the plans date-stamped March 18, 2005, with the revisions as required and approved by the city. The director of community development may approve minor changes. The proposed development must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. The proposed development must meet the requirements of the city building official, the city fire marshal and the RamseyNVashington Metro Watershed District. e. The city council shall review this permit in one year. Approve the street vacation resolution attached (Attachment 14). This resolution approves the vacation of two unused street right-of-ways located within the 3M Campus property (Meyer Avenue [north/south street right-of-way] and Margaret Street [east/west street right-of-way]). Approve the utility easement vacation resolution attached (Attachment 15). This resolution approves the vacation of a portion of the existing utility easement located within the 3M Campus property. Approval is subject to the applicant dedicating a new utility easement to the City of Maplewood. The new easement must be 20 feet in width and describe the existing sanitary sewer alignment. The easement must be recorded with the county prior to issuance of a building permit. 6 CITIZEN COMMENTS Staff surveyed the 62 surrounding property owners within 500 feet of this site for their comments. Of the 62 surveys sent, one property owner responded by mail and three property owners responded by telephone with the following comments: 1. Roger Vanderhoff, 2300 Stillwater Road (responded by mail): "Let them build." Peggy Auchter, 2375 Minnehaha Avenue (responded by telephone): Ms. Auchter expressed concern about the location of the parking lot across the street from her home, the added traffic onto Minnehaha Avenue, and the need for 3M to address drainage issues associated with an existing culvert located in her front yard, running under Minnehaha Avenue to the development site. Robert Rubbelke, 2369 Minnehaha Avenue (responded by telephone): Mr. Rubbelke expressed concern about added traffic onto Minnehaha Avenue and the need for 3M to address drainage issues associated with an existing culvert located in his front yard. Chad Robinson, 2315 Minnehaha Avenue (responded by telephone): Mr. Robinson indicated that he was under the impression that 3M was able to purchase the old drive-in movie theater site on the condition that they never develop the land, and was therefore surprised at the proposal. Mr. Robinson also expressed concerns over the resurfacing of Minnehaha Avenue, which took place a few years ago, the need for additional landscaping/screening on the west side of the loading dock, and the added traffic. REFERENCE SITE DESCRIPTION Site size: 11.8 Acres Existing Use: Vacant Land SURROUNDING LAND USES North: South: East: West: Single Family Homes 3M Pond and 3M Campus Vacant 3M Campus Property and Single Family Homes Beyond Wells Fargo Bank PLANNING Land Use Plan Designation: Light Manufacturing (M-l) Zoning: Light Manufacturing (M-l) Criteria for CUP Approval Article V, Sections 44-1091 through 44-1105 states that the city council may grant a CUP subject to the nine standards for approval noted in the attached conditional use permit resolution (Attachment 13). Public Right-of-Way Vacation Minnesota Statutes, Section 412.851 states that the council may by resolution vacate any street right-of-way on its own motion or on petition of a majority of the owners of land abutting the right-of-way. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by a two-week published and posted notice. Public Sewer Easement Vacation There are no formal criteria for approval of a public sewer easement vacation. However, the vacation of the easement should be in the best interest of the public at large. 8 Application Date We received the complete application and plans for this proposal on March 18, 2005. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by May 17, 2005, unless the applicant agrees to a time extension. P:\com-dev\sec36\3m\buitding 278~building 278 4-18-04 PC memo Attachments: 1. Location Map 2. Zoning Map 3. Conditional Use Permit Statement 4. Design Submittal Narrative 5. Parking Reduction Authorization 6. Site Plan 7. Grading Plan 8. Landscape Plan 9. Elevations 10. Floor Plan- First Floor 11. Floor Plan- Second Floor 12. Engineering Plan Review 13. Conditional Use Permit Resolution 14. Street Right-of-Way Vacation Resolution 15. Utility Easement Vacation Resolution 9 Attachment t 3M Leadership Development and Customer Center Union Cemetery Bank 3M Pond 3M Campus oC-'b~ay Avenue N Location Map Attachment 2 Farm Residential~ Union Cemetery _ight Heavy Manufactunng N Zoning Map BWBR Attachment 3 Leadembip Development Institute/ Customer Center 3M Building 278 commassion No. 2004.160.00 February 25, 2005 Conditional Use Permit Statement A. Screen 1. Wall and Canopy City of Maplewood Zoning Ordinance section 44-637 requires that the proposed structure be located no closer than 350'-0" from the adjacent residential zoning district located on the north side of Mirmehaha Avenue. Strict enforcement of this provision will cause undue hardship due to the location of an existing sanitary sewer pipeline and associated easement on the south side of the structure. As currently designed, the proposed mechanical equipment screen wall and automobile drop-off canopy located on the north facade will infringe upon the required setback by approximately ten feet. Allowing the setback requirement relative to these elements to be waived will not violate the spirit and intent of the zoning ordinance setback requirements because the screen wall in question is provided to minimize the visual and acoustic impact of mechanical and electrical equipment and the canopy does not enclose habitable space. Conditional Use Permit Statement BWBR Attachment 4 Leade hip Dev opment Institute/ Customer Center 3M Building 278 Commission No. 2004.160.00 February 2S, 2005 Design Submittal Narrative The 3M LDI/CC facility is an 83,000 sf building housing two independent functions. The Leadership Development Institute is a conference center located on two stories on the east side of the building. The LDI houses conference rooms of several different sizes and two larger assembly halls, seating. Also included is a cafeteria and commercial kitchen seating approximately 150. This fac'tlity will serve 3M employees primarily during business hours with an occasional evening program. The Customer Center consists of an exhibition space with supporting display, conference, and dining facilities. This one story portion of the building is located on the west side of the building and serves a marketing function for current and future 3M customers supported by a limited staff of permanent 3M employees. This facility will serve a limited population and operate primarily during business hours with occasional evening activities. The north facade of the building, facing Minnehaha Avenue, is one story in height. This is the public side of the structure and serves as the main entrance. The service dock and exhibition hall service entry are located near the northwest comer of the building. The exterior materials of this facade are brick and metal panel, with glass fenestration. The site is graded to expose a two story facade on the south facade of the building, facing "3M pond." This side of the building is finished with brick and metal panel and features large areas of glass fenestratinn allowing views of the pond and outdoor patio spaces. The building is designed to eliminate as much exterior mechanical equipment as possible. Mechanical system chillers and the building transformer and emergency generator are located on the north side of the building adjacent to the delivery dock and are screened by a wall. Any rooftop mechanical equipment will be screened. Design Submittal Narrative BWBR Attachment 5 Leade~bJp Development Institute/ Customer Center 3M Building 278 Comtmssion No. 2004.160.00 February 25, 2005 Parking Reduction Authorization A. Parking Count City of Maplewood Zoning Ordinance section 44-17 requires that one parking space be provided for every 200 square feet of an office building. Strict enforcement of this provision would require that approximately 433 parking spaces be provided. This quantity exceeds the number of vehicles that can be reasonably expected; therefore, it is proposed that parking be provided for 286 cars, which is the maximum number of vehicles anticipated. The site design does allow for additional parking spaces to meet the quantity mandated if necessary. A reduction to the quantity requirement relative to the parking count will not violate the spirit and intent of the zoning ordinance because providing parking based upon actual need will minimize the impact of the parking upon site and increase the open area and green space. Parking Reduction Authorization Attachment 6 Attachment 7 1 I;llll I iii, ii:il :, ll'lll!!l i Grading Plan Attachment 8 ! Landscape Plan Attachment 9 L = I I I I I Elevations Attachment 10 '! Floor Plan - First Floor Attachment 11 Floor Plan - Second Floor Attachment 1Z Engineering, Plan Review PROJECT: 3M Leadership Development Institute PROJECT NO: 05-12 REVIEWED BY: Edn Laberee, Maplewood Engineering Department DATE: April 12, 2005 3M is proposing to develop some vacant property within their campus. There are several wetlands on the 3M property. The developer is proposing to fill in one of the wetlands and provide mitigation at the south end of the site. A series of rainwater gardens and ponds are proposed to treat runoff from the site. The developer and the project engineer shall address the following issues. Grading & Erosion Control 1. The project plans shall show inlet protection devices at all inlets. 2. The city, Ramsey Washington Metro Watershed District, and MPCA (new NPDES Construction Permit) all require grading permits. 3. The bottom contours of the rainwater gardens shall be shown on the plans. Drainage The developer and engineer have proposed several ponds and rainwater gardens to treat runoff from the site. Depressed parking lot medians have been designed as rainwater gardens to treat runoff from the parking lot. A four cell pond has been designed on the west side of the site for additional treatment and storage. These are good best management practices designed to capture sediment and treat pollutants from the parking lot. The applicant shall address the following drainage issues. The applicant is proposing several ponds and rainwater gardens to treat runoff from the sight. For any ponding area to function as a rainwater garden the normal water level shall be no deeper than 2 feet. Rainwater garden 4 shall include a rock sump if it is intended to function as a rainwater garden. Any ponding area intended to function as a pond must meet NURP standards and include a 10 foot safety bench. The project plans shall show a detail of how the contractor is to construct the rainwater gardens. Maplewood's standard plate No. 115 is an example of how rainwater gardens may be constructed. The project engineer shall provide a detail and description in the plan of how the contractor will prepare the rock sumps. Additional information on rainwater garden design is available on the city's website at www. ci.maplewood.mn.us. The drainage calculations do not indicate that runoff from the site is restricted to predevelopment conditions. The engineer shall revise the proposed drainage system to restrict flow fi'om the site to predevelopment rate and volume conditions. Engineering Plan Review 4. There are several inconsistencies between the HydroCAD model and the storm sewer on the plans. The engineer shall submit revised drainage calculations that reflect the proposed storm sewer. The necessary revisions are listed below: a. The outlets from rainwater gardens 3, 4 and 5 and pond 3 need to be revised. b. The outlet from rainwater garden 1 shall be directed into rainwater garden 5, not 2 as is currently shown on the Hydro CAD model. Any changes made to the HWL shall be reflected on the plans. c. All drainage areas to the proposed ponds shall be accounted for in the Hydro CAD model. Part of subcatchment 3 drains to rainwater garden 4. A grass area south of the parking lot and building drains to rainwater garden 4 also. The drainage area west of ponds 1, 2, 4, and 5 shall be accounted for in the drainage calculations. 5. The applicant shall submit the soils report for the proposed development. 6. Catch basin 7 shall include a 2' sump to collect sediment from the parking lot. 7. The developer shall enter into a maintenance agreement with the city for the annual maintenance and cleaning of the sump structure and rainwater gardens. The maintenance agreement will also require the developer to establish and maintain the native and wetland seed areas for three years after seeding has occurred. Permanent soil stabilization blanket (Enkamat) shall be installed at ail areas where concentrated flow will occur. The areas downstream of the concrete flumes, the area just south of the flat curb (east of the building) and the outlet to pond 3 and rainwater garden 4 shall be protected with stabilization blanket. 9. The existing culverts under Minnehaha shall be connected to the proposed storm sewer at a manhole connection. 10. The applicant is proposing a rainwater garden over the existing sanitary sewer. The engineer shall revise the rainwater garden such that the normal water level does not encroach into the sanitary sewer easement. 11. The proposed pond outlet design is prone to dogging. It may be difficult to maintain the outlet structure as it is currently designed. It is recommended that the outlet structure be designed to allow for maintenance activities and reduce the potential for clogs. 12. Several areas of flat curb located at the south end of the parking lot will allow runoffto sheet offthe parking lot and onto the sidewalk and an outdoor area. It is recommended to redirect runoffto prevent it from sheet draining across the sidewalk and outdoor area. Utilities 1. The applicant shall vacate the portion of the existing utility easement that does not include the existing sanitary sewer. The utility easement shall be rededicated to follow the current sanitary sewer alignment. 2. The proposed 4" sanitary service connections seem undersized. The applicant shall verify that 4" services are adequate to serve the facility. Traffic Ramsey County has indicated to the city the need for additional turn lanes on Minnehaha Avenue. The developer shall mitigate additional traffic on Minnehaha Avenue with the addition of 2 right mm lanes into the proposed development. 2. The city and Ramsey County realize the need to restrict access connections onto Minnehaha Avenue. No additional access connections onto Minnehaha Avenue will be allowed for the entire site. The developer must accommodate any future development on site through the two proposed access connections or the existing Wells Fargo driveway. Several residents have expressed their concern that the proposed 3M development will create additional congestion on an akeady busy Minnehaha Avenue. The developer shall conduct a traffic study to analyze trip generation for future and proposed development, peak traffic hours, and the affect of additional right turn lanes on Minnehaha Ave. Misc. The applicant shall submit plans to Ramsey County and obtain a right of way permit for the proposed water main connection and access connection to Minnehaha Ave. Attachment 13 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M), applied for a conditional use permit to construct a building closer than 350 feet to a residential zoning district. WHEREAS, this permit applies to the property located south of Minnehaha Avenue, east of 670 McKnight Road, north of 2301 McKnight Road (3M Campus), and west of 2405 Minnehaha Avenue. The legal description is Tract B, Registered Land Survey No. 524, Ramsey County Minnesota; and the Northeast Quarter of the Northwest Quarter of Section 36, Township 29, Range 22, Ramsey County Minnesota. WHEREAS, the history of this conditional use permit is as follows: On April 18, 2005, the planning commission held a public hearing and recommended approval of this permit. 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. On , the city council approved this permit. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. 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 minimal adverse environmental effects. Approval is subject to the following conditions: The city engineer shall approve final construction and engineering plans prior to issuance of a grading permit. These plans shall comply with all requirements as specified in the city engineering report dated April 12, 2005, which requires, among other items, a traffic study to analyze trip generation for future and proposed development and the installation of two right-turn lanes. All construction shall follow the plans date-stamped March 18, 2005, with the revisions as required and approved by the city. The director of community development may approve minor changes. The proposed development must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. The proposed development must meet the requirements of the city building official, the city fire marshal and the RamseyNVashington Metro Watershed District. 5. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on Attachment 14 STREET VACATION RESOLUTION WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M) applied for the vacation of an unused street right-of-way in order to develop a leadership development institute and customer center building; WHEREAS, the legal description of the street right-of-way to be vacated is as follows: Those parts of Meyer Street (formerly known as Meyer Avenue) and Margaret Avenue (formerly known as Margaret Street) lying within the North 900.00 feet of the West 1400.00 feet of the Northwest Quarter of Section 36, Township 29, Range 22, Ramsey County, Minnesota, as dedicated by the plat of Ascension Cemetery, said Ramsey County Minnesota, and lying southerly of the north 33.00 feet of said Northwest Quarter and easterly of the west 76.50 feet of said Northwest Quarter. WHEREAS, the history of this vacation is as follows: On April 18, 2005, the planning commission held a public hearing and recommended that the city council approve the public vacation. 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. On , the city council approved the public vacation. 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 property will go to Minnesota Mining and Manufacturing (3M) for the above-mentioned property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacation for the following reasons: It is in the public interest. The street right-of-way is unused. The street right-of-way is not needed for the proposed leadership development institute and customer center building development. The Maplewood City Council adopted this resolution on ,2005. Attachment 15 UTILITY EASEMENT VACATION RESOLUTION WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M) applied for the vacation of a portion of a sewer easement in order to develop a leadership development institute and customer center building; WHEREAS, the legal description of the utility easement to be vacated is as follows: Portions of the Sewer Easement Document 432245. WHEREAS, the history of this vacation is as follows: On April 18, 2005, the planning commission held a public hearing and recommended that the city council approve the public vacation. 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. On , the city council approved the public vacation. 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 property will go to Minnesota Mining and Manufacturing (3M) for the above-mentioned property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described vacation for the following reasons: It is in the public interest. The utility easement is unused. The utility easement is not needed for the proposed leadership development institute and customer center building development. Approval is subject to the following condition: The applicant must dedicate a new utility easement to the City of Maplewood. The new easement must be 20 feet in width and describe the existing sanitary sewer alignment. The easement must be recorded with the county prior to issuance of a building permit. The Maplewood City Council adopted this resolution on ,2005. TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: MEMORANDUM City Manager Ken Roberts, Planner Conditional Use Permit (CUP) Amendment Home Depot 2360 White Bear Avenue April 7, 2005 INTRODUCTION Request Home Depot, located at 2360 White Bear Avenue, is requesting a conditional use permit (CUP) amendment to have additional exterior storage, display, sale and distribution of merchandise at their store. They now have a CUP for outside storage and display for the outdoor garden center located on the north side of their store. Home Depot is now requesting an amendment to their CUP for a permanent addition on the northwest side of the exterior garden center for additional outdoor storage of merchandise. They also are requesting an amendment to their CUP to have four other areas on the property for the outdoor storage, display, sale and distribution of merchandise. (Please see their letter on pages seven and eight and the maps on pages nine - twelve.) BACKGROUND November 28, 1994: The City Council made several approvals for the Maplewood Retail Addition (the area between White Bear Avenue and Ariel Street between 11th Avenue and Highway 36). These approvals included land use plan changes, zoning map changes, a conditional use permit (CUP) for Home Depot to have exterior storage, display, sale or distribution of goods or materials and a preliminary plat. March 24, 1997: Staff approved a permit request by Home Depot to have two temporary seasonal outdoor storage and sales areas in the parking lot. DISCUSSION CUP and Seasonal Permit Staff has reviewed the CUP and staff-approved temporary permit annually and found Home Depot has been in compliance with the original conditions of the CUP as they relate to the exterior garden center built with the store. This CUP was for the outside display, sale and storage of merchandise goods. However, staff recently noted a change in how the store was using the areas approved by the seasonal permit that the city issued in 1997. This staff approval was for two temporary fenced areas in the parking lot for the storage, display and sale of merchandise. The first of two seasonal storage areas used by Home Depot is the uncovered storage area measuring 2,500 square feet that is to the north of the odginal exterior garden center on the northwest side of the building. Home Depot is now using this area to store landscaping materials and sheds. It has a 6-foot chain link fence around the perimeter with a gate leading into the larger outdoor garden center. This area has now become a permanent outdoor storage area. The second area is located in the parking lot west of the building and measures about 27,750 square feet in area (Number 5 on the site plan). Home Depot uses this area to sell landscaping materials yearly from April to September. They also have expressed an interest in expanding the seasonal use beyond the three-month maximum for the display and sale of merchandise in the second area in the perking lot. Home Depot has applied for a CUP amendment so they may use both of these outdoor sales and storage areas for six months every year. Upon inspection of the property, staff also noticed several other code violations. Permanent storage and display of merchandise On the store's apron, directly in front of the entrance on the north and south side, Home Depot is stodng additional merchandise. This merchandise consists of landscaping materials and fencing. There also is a mini-donut sales trailer parked on the front apron just to the north of the building entrance. In the parking lot, Home Depot wants city approval to store and display other merchandise including small trailers that consumers may buy. Home Depot also has two moving trucks that are rented to customers for the convenience of moving larger goods. These vehicles are slightly larger than a standard size pick up track and the store keeps them in the southeast side of the parking lot near the covered customer loading area. Storage of delivered merchandise To the rear of the building, on the southeast comer, delivery trucks bring pallets of merchandise that they unload and leave for the store (Number 3 on the site plan). The store uses this area as a staging area for the materials and men:handise. The delivered products remain outside for a few hours before employees of Home Depot move the delivered materials into the store. Assistant store manager Amy Campbell stated that for safety reasons, the employees move the merchandise into the store during the evening and ovemight hours (so as to not have conflicts with customers). Additional issues In addition to the previous violations, there are several minor infractions that Home Depot needs to address. In front of the store, abutting the customer loading area, Home Depot is stodng several rolling carts that customers use when purchasing large merchandise. On the north and east sides of the store, adjacent to the extedor garden center storage addition, there are empty pallets, loading materials and such laying around giving those areas a messy appearance to customers and adjacent properties. In response to these concems, the Home Depot staff is exploring the idea of building an outdoor cart storage area on the west (front) side of their building between the doors. They also have been working recently to clean up the exterior of their property, including removing the garbage and the debris. Upon recent inspection, staff found the exterior areas of the property to be in much better shape than they were last tall. The Maplewood public works street department has brought to the city's attention that delivery trucks traveling northbound on White Bear Avenue and turning right onto the access road are causing damage to the newly-constructed sidewalk and pedestrian ramp. Mr. Chuck Ahl, the city's public wort(s director, has stated that this access road included in a cross easement with the original construction of this site is to allow access between all the lots in the project. Mr. Ahl also stated that in order to solve the problem, which he states is due to the tight radius of the right turn lane on White Bear Avenue, Home Depot would have to redirect all delivery trucks to the north to use the 11t' Avenue entrance. Mr. Ahl further indicated that the access roads are pdvate and that any damage caused by either Home Depot, Cub Foods or any other tenant would be their responsibility and any expenses for reconstruction incurred by the city will be reimbursed immediately upon billing. Also, Lt. Rabbett of the Maplewood Police department has discussed the responsibility and maintenance of both access roads with both Cub Foods and Home Depot. This occurred alter he was called in the winter of 2003 due to a large number of accidents at this pdvate access road onto White Bear Avenue. At this time, there was confusion amongst the tenants as to who was responsible for the sanding and repair of the access roads. In order to address this issue pertaining to the dghts and responsibilities of both access roads, the city obtained a copy of the reciprocal easement and operation agreement that was recorded with Ramsey County on February 3, 1995. I have included part of the easement language below. ARTICLE I - GRANT OF EASEMENTS Section 1.01. Access Easements "The Owners of the Parcels hereby grant and convey, each to the other, for the benefit of all the Parcels compromising the Shopping Center, a non-exclusive perpetual easement and right to the use of the Common Areas including all common curb cuts, roadways, driveways, aisles, walkways and sidewalks located on the Parcels and as indicated on the Site Plan, and located on the Parcel of the granting Owner, for purposes of ingress, egress, passage and delivery, by vehicles and pedestrians." ARTICLE II - CONSTRUCTION, MAINTENANCE AND OPERATION Section 2.01. Construction, Maintenance and Repair "Each Owner shall maintain and repair all Buildings, related improvements, and Outside Sales Areas located on its respective Parcel, and maintain, repair, and replace all Common Areas located on its respective Parcel, so as to keep such areas at all times in a safe, sightly, good and functional condition.., and in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction thereover as wall as with the previsions of this Agreement.~ Reasons for the CUP Revisions Home Depot has outgrown their facility. The existing store is now 10 years old and does not meet all the current needs of Home Depot. In addition to the building being too small for today's needs, it does not provide sufficient space for stodng indoom all the memhandise that they now want to provide to their customers. Currently they are storing outside some of the merchandise that they offer for sale including landscape materials, yard sheds, trailers and larger tractors and lawn maintenance equipment. The proposed permit revision would enable Home Depot to legally store some merchandise outside in limited areas of the property. The proposed revision is intended to accommodate the existing and near-term future needs of Home Depot in this location. The proposed permit revisions to allow additional outside sales and storage should meet the city requirements for a CUP revision. It is the opinion of city staff that proposed permit revisions are reasonable and they should not have a negative impact on the neighboring properties. It benefits the city by allowing an existing business to better provide the products and services to the residents of the area. It also helps Home Depot by allowing them to use more of their property for sales and storage. Staff is recommending that the city council revise the CUP to allow the requested changes. Staff also is recommending that the owner and store manager work to ensure that they will have the site clean-up done in a timely manner. Parking The proposed CUP revision would not require any additional parking spaces and in fact would use many of the existing parldng spaces on the property on a regular basis. The city approved Home Depot in 1994 with a total of 608 parking spaces - 493 for the store and another 115 for the garden center. Based on the parking requirements in the city code, however, the city normally would require the store to have 658 parking spaces- 518 for the existing building and 140 more for garden center. As such, the city approved a parking reduction of 50 spaces for Home Depot in 1994. The odginal site developer did provide the city with a proof of parking plan showing where they could add 50 more perking spaces if the city ever determined that they were needed. The current proposal would use about 122 of the existing perking spaces for outdoor sales and storage. This use of 122 of the existing parking spaces for six months of the year has the potential to cause parking problems or shortages for Home Depot. However, since 1997 when Home Depot started using parts of the perking lot for outdoor sales and display, I am not aware of any problems that this has caused, nor have I heard any concerns about their parking situation. They note in their letter (on pages 7 and 8) that they have always had adequate parking for their customers and the employees. Building Official Comments Dave Fisher, the Maplewood Building Official, reviewed the proposal and provided staff with several comments. They are in the memo on page 13. 4 RECOMMENDATION A. Adopt the resolution on pages 14 and 15. This resolution approves revisions for the conditional use permit for the property at 2360 White Bear Avenue (Home Depot). The city is basing this approval on the findings required by ordinance and it is subject to the following conditions (deletions are crossed out and additions are underlined): All construction, uses and outside storaf:le areas shall follow the site plan dated Apdl 7, 2005, in the staff report as may be approved by the city council. This includes th~, location and size of the approved outside storal:le areas. The city will allow the outside sales and stora,qe of trailers and landscapinR materials with this revision. City staff shall approve the final layout for all outdoor sales and stor~e areas. Th~, director of community development may approve minor chanties to these plans. The store shall use the outside storage and display within 239 days of the Council's approval or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit revision in one year. This permit allows a waiver of the parkinR code to allow 172 fewer parkinR spaces than the code allows since there is adequate parkinfl available for the existinR and proposed uses. The city may require Home Depot to add more parkin~ spaces or tn reduce the amount of area used for outdoor sales and store.qe if the city determines that a parkinR shortaRe has developed. 5. The property owner or store manager shall keep the site clean of all debris and ¢larbai3e. This cleaninf:l shall be done on a ref:lular basis. 6. The property owner or store mana~ler shall work with the city en.q needn,q department on a plan for the protection of the city sidewalk and for the entrance ddveway near White Bear Avenue. This plan may include the installation of bollards or other measures to prevent trucks and other larf:le vehicles from damaf:linf:l the curbin,q, the pedestrian ramp and the public sidewalk. REFERENCE SITE DESCRIPTION Site size: 12.54 acres Existing Use: Home Depot Store and associated parking SURROUNDING LAND USES North: Cub Foods Store South: Residential properties across Highway 36 East: Heather Ridge office complex West: Petsmart and White Bear Avenue PLANNING Land Use Plan Designation: BC (business commercial) Zoning: BC (business commercial) Criteria for CUP Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. See numbers 1 - 9 in the resolution beginning on page 14. APPLICATION DATE We received the complete application and plans for this proposal on March 25, 2005. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by May 23, 2005 unless the applicant agrees to a time extension. p:secl 1\Home Depot CUP Revision -2005 Attachments: ]. Letter dated April 7, 2005, from Home Depot 2. Location Map 3. Area Map 4. Address Map 5. Site Plan April 7, 2005 memo from David Fisher 7. CUP Revision Resolution Attachment 1 2360White Bear Avenue North · Maplewood, MN 55109 (612)770-9600 To: City of Maplewood From: Gregg Barker, Store Manager Home Depot #2801 Re: Conditional Use Permit Date: April 7, 2005 APR 0 7 2005 RECEIVED The Home Depot at 2360 White Bear Avenue would like to request the following Conditional Use Permit: ] · Storage Area #1: A 50' x 50' permanent storage area on the north side of the building next to the nursery. This area is fenced with a 12' chain link The sheds and tractors that we had on the front apron of the store are now merchandised and stored in this area. ~ · Storage Area #2: Permanent 20' x 10'(taking up 2 parking spaces) wooden gazebo located on the northeast comer of the parking lot. The gazebo will be used as a cashier area for the outdoor garden center during its season from April to September and then used as a cart corral for the rest of the year. ~ · Storage Area #3: Permanent staging area located near the southeast comer of the building. This area will be painted yellow (when the weather permits) and will hold lumber from the time it comes off the track to the time that they bring it into the building. zit · Storage Area #4: Merchandising and display of trailers on the south edge of The Home Depot parking lot. This will use approximately 20 parking spots from April until October and then we will carry approximately 5-10 trailers or until they sell through for the season. .5' · Storage Area #5: A 150 ' x 185'(taking up 100 parking spaces) storage area on the northeast corner of the parking lot. This area will be fenced in and will hold over stock of bag goods such as topsoil, mulch, ect. It will also have the greenhouses and live goods. This area will be during the garden season from April to September (Labor Day) and then will be taken down. ~ · A 6' x 10' concession trailer located on the front apron of the store next to the entrance door. This area will be neat and clean and free from any clutter. This is questionable to how long it will stay. Currently the Maplewood Home Depot has cleaned up the front apron of the store by removing the sheds, tractors, and the deck display. We have contacted Dave Fisher about the installation of a brick wall along the front apron of the store to hold lumber carts so that they are not in the parking lot and are kept neat and clean. We have contacted Chuck U A 7 2360 White Bear Avenue North · Maplewood, MN 55109 (612)770-9600 Ahl at Public Works to get a sketch drawn up for concrete planters or poles at the corner of White Bear Avenue and the entrance to the shopping area, so that delivery trucks will not cut the corner and go over the new grass and sidewalk that the city has installed. We have also informed all of our delivery companies that they need to enter from 11th Street. Currently the Maplewood Home Depot has 658 parking spaces, which we request to use 122 of those parking spots for seasonal use from April until September (Labor Day). We have always had adequate parking for our customers and employees. During Memorial Day weekend is the only time that our store is overly busy and we request that our employees park behind the building to leave enough parking for our customers. The Home Depot is committed to providing excellent service and a pleasant well maintained shopping environment for our customers and neighbors. Thank you for your consideration of these requests. Gregg Barker 8 Attachment 2 ti Attachment 3 AREA MAP ~ N 10 · Attachment 4 GERVAIS AVENUE lee RV~A I~ ~VE ADDRESS MAP e N Attachment 5 CUB FOODS CENTER HOME DEPOT PETsMART ~" OUTLOT A HEATHER RIDGE ~TATE HICBT'AY ....................sTATE HIGII~AY NO. --36~ SITE PLAN Attachment 6 Memo To: Ken Roberts, Planner From: David Fisher, Building Officia Date: April 7, 2005 Subject: Home Depot CUP Revision Home Deport was built in 1995 under the 1988 Uniform Building Code with type II-N construction, is fully fire-sprinklered and uses the unlimited area rules of the code. This code required a 60-foot setback from all sides of the building to the property line. The code language for this setback is the same in the current 2000 iBC. For the current proposal, the applicant shall: 1. Maintain all exits and keep them clear. 2. Maintain a second exit out of the fenced garden center area. Verify that the Fire Marshal has approved the north exit through the fenced area. An accessible route is required for all public retail areas by Minnesota State Building Code, Chapter 1341 Accessibility. This requirement applies to both the interior and exterior seasonal retail sales areas. A fence over 6 feet in height is a structure as defined by the 2000 IBC and would require a building permit. The code requires the fence to be designed for 90 mile per hour wind loads and the fence must meet the setbacks per the 2000 iBC Table 602. If there are any questions regarding these requirements please call me at 651.249.2320. 13 Attachment 7 CONDITIONAL USE PERMIT RESOLUTION REVISION WHEREAS, Gregg Barker, representing Home Depot, applied to the city for a conditional use permit revision for the existing Home Depot store at 2360 White Bear Avenue. WHEREAS, this permit applies to proper~y located at 2360 White Bear Avenue. The legal description is: Lot 2, Block 1, Maplewood Retail Addition (PIN 11-29-22-31-0056) WHEREAS, the history of this conditional use permit is as follows: On April 18, 2005, the planning commission held a public hearing and recommended that the city council approve 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 commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council __ the permit. 2. On May 9, 2005, 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 code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. The use would not create excessive additional costs for public facilities or services. 14 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 minimal adverse environmental effects. Approval is subject to the following conditions (deletions are crossed out and additions are underlined): All construction, uses and outside storage areas shall follow the site plan dated Apdl 7, 2005, in the staff report as may be approved by the city council. This includes the location and size of the approved outside storage areas. The city will allow the outside sales and storaRe of trailers and landscapinR materials with this revision. City staff shall approve the final layout for all outdoor sales and storaRe areas. The director of community development may approve minor chartres to these plans. The store shall use the outside storage and display within 239 days of the Council's approval orthe permit shall end. The city council may extend this deadline for one year. 3~ The city council shall review this permit revision in one year. This permit allows a waiver of the parkin.q code to allow 172 fewer parking spaces than the code allows since there is adequate perking available for the existing and proposed uses. The city may require Home Depot to add more parking spaces or to reduce the amount of area used for outdoor sales and stora.qe if the city determines that a parking shortage has developed. 5. The property owner or store manager shall keep the site clean of all debds and garbage. This cleaning shall be done on a regular basis. The property owner or store manager shall work with the city en.qineering department on a plan for the protection of the city sidewalk and for the entrance driveway near White Bear Avenue. This plan may include the installation of bollards or other measures tJo prevent trucks and other large vehicles from damaging the curbing, the pedestrian ramp and the public sidewalk. The Maplewoed City Council adopted this resolution on ,2005. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Robe,s, Planner Planning CommissionResignations April12, 2005 INTRODUCTION Jeff Bertol end Daniel Lee have resigned from the plannin§ commission. I have attached their letters of resignation and e resolution of apprecietion for each of them. RECOMMENDATIONS A. Approve the attached resolution of appreciation for Jeff Bartol. B. Approve the attached resolution of appreciation for Daniel Lee. kr/p:planning commission/pcresig4.mem Attachments: 1. Jeff Bartol Letter of Resignation 2. Daniel Lee Letter of Resignation 3. Jeff Bartol Resolution of Appreciation 4. Daniel Lee Resolution of Appreciation Attachment 1 Apd14,2005 Mayor, Robert Cardinal and the City Council Chairperson, Lorraine Fischer and the Planning Commission Melinda Coleman, Ken Roberts and other City Staff Members I ECEIYED To all it may concern - and to all I've enjoyed working with: It is with significant regret and mixed emotions that I have decided not to seek reappointment to the Maplewood Planning Commission. It was almost two years ago that I sought this opportunity to represent my neighborhood, community and city. At that time, I was employed by a software development company as their Director of Business Development. The changes in our market, our economy, the web industry and database technology have prompted me to pursue a career change - a lifelong dream of owning my own business in graphic arts. This new undertaking is requiring a great deal of my resources; a preoccupation that does not provide adequate time for my commitments to the Maplewood Planning Commission. I am convinced however - that the responsibilities, input and recommendation process that I am privileged to have been a part of - are being left in very capable, responsible and experienced hands. As a citizen of Maplewood, I could not resign if I did not know this to be true. Bardng any extreme situations, I will expect Monday, April 04, 2005 to be my last official planning commission meeting. Sincerely and respectfully, Jeff Bartol 2702 ~inkspire I.an, fi. Maplewood, MN 5§11~ 2 Attachment 2 'L 3 Attachment 3 JOINT RESOLUTION OF APPRECIATION WHEREAS, Jeff Bartol has been a member of the Maplewood Planning Commission since December 8, 2003 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewoo& and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Jeff Bartol is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Passed by the Maplewood City Council on Passed by the Maplewood Planning Commission on Robert Cardinal, Mayor Attest: Lorraine Fischer, Chairperson Karen Guilfoile, City Clerk 4 Attachment 4 JOINT RESOLUTION OF APPRECIATION WHEREAS, Daniel Lee has been a member of the Maplewood Planning Commission since May 24, 2004 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewoo& and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Daniel Lee is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Passed by the Maplewood City Council on Passed by the Maplewood Planning Commission on Robert Cardinal, Mayor Attest: Lorraine Fischer, Chairperson Karen Guilfoile, City Clerk 5