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HomeMy WebLinkAbout2014-05-20 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday,May 20, 2014 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.May 6,2014 5.Public Hearing a.7:00 p.m. orlater: Approval of a Conditional Use Permit for Used-Car Sales at the Maplewood Office Park, 1705 Cope Avenue b.7:00 p.m. or later: Approval of the following requests for a Holiday Station Store, 1285 Cope Avenue East: 1)Approval of a Resolution for a Conditional Use Permit Revisionwith Reduced Building Proximity to Residential Districts 2)Approval of a Resolution for Building and Parking Lot Setback Variances 6.New Business 7.Unfinished Business 8.Visitor Presentations 9.Commission Presentations a.Commission presentation for theMay 12, 2014 city council meeting. Commissioner Desai wasscheduled to attend. Staff gave the PC recommendations. The items discussed were: the Verizon Wireless CUP, the Hobby Lobby parking lot setback reduction CUP, the Beaver Lake Elementary School Addition CUP, the garage setback variance request for 798 McKnight Road North and the shoreland setback request for 2843 Meadowlark Lane. b.Commission representation for the May 26, 2014 city council meeting. Commissioner Arbuckle isscheduled to attend. This meeting falls on Memorial Day and is cancelled. c.Commission representation for the June 9, 2014 city council meeting. Commissioner Diatta is scheduled to attend. Items to be reviewed are the Just Rita’s Home Occupation request at 2139 Edgerton Street and the reconsideration of an ordinance amendment requested by U- Haulto allow indoor warehousing in a BC district. 10.Staff Presentations 11.Adjournment DRAFT MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY6,2014 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 ActingChairperson Arbuckle. 2.ROLL CALL Paul Arbuckle, CommissionerPresent Absent Al Bierbaum, Commissioner Absent Tushar Desai,Chairperson Absent Yaya Diatta, Commissioner John Donofrio, CommissionerPresent Allan Ige, CommissionerPresent Bill Kempe, CommissionerPresent Donn Lindstrom, CommissionerPresent Dale Trippler, CommissionerPresent Staff Present: Tom Ekstrand, Senior Planner 3.APPROVAL OF AGENDA Commissioner Trippler would like to add 9.e. Site mapsdiscussion. CommissionerTripplermoved to approve the agenda as amended. Seconded by CommissionerKempe.Ayes –All The motion passed. 4.APPROVAL OF MINUTES CommissionerTripplermoved to approve theApril 15,2014, PCminutes as submitted. Seconded by CommissionerKempe.Ayes –All The motion passed. 5.PUBLIC HEARING a.7:00 p.m. or later: Approval of a Shoreland Setback Variance Resolution for the Construction of a Home Addition, 2843 Meadowlark Lane. i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii.The applicant, David Gabel, addressed and answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing. May 6, 2014 1 Planning CommissionMeetingMinutes Nobody came forward to address the commission. Acting Chairperson Arbuckle closed the public hearing. Commissioner Tripplermoved to approvethe resolution approving a shoreland setback variance from Kohlman Lake –a Class 4 Public Water. Approval is based on the following reasons: A.Strict enforcement of the ordinancewould cause the applicant practical difficulties because complying with the shoreland setback requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. B.Approval of the requested shoreland setback variance would benefit the adjacent lake because the site will have its impervious surface area reduced. C.Approval would meet the spirit and intent of the ordinance since the proposed addition would be built in an area that is already maintained as lawn, which is also allowed by ordinance. D.The Minnesota Department of Natural Resources has reviewed the applicant’s plans and does not require a permit or have any state statutes that prevent the addition from being built. Approval of the shoreland setback variance shall be subject to complying with all of the conditions of approval in Shann Finwall and Virginia Gaynor’s Environmental Review. Seconded by CommissionerIge.Ayes -All The motion passed. This item goes to the city council on May 12, 2014. b.7:00 p.m. or later: Approval of a Variance Resolution for the Construction of a New Garage, 798 McKnight Road. i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii.The applicant, StephenMosner, addressed and answered questions of the commission. The commission questioned where the property line was and whether a survey should be done to be certain there is no additional encroachment or overlap onto the neighbors’ lot line. Acting Chairperson Arbuckle opened the public hearing. Nobody came forward to address the commission. Acting Chairperson Arbuckle closed the public hearing. Commissioner Tripplermoved to approvethe resolution approving a side yard setback variance. Approval is based on the following reasons: A.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the side yard setback requirement stipulated by the ordinance would prohibit the building of a new garage because of the existing locations of the driveway and house. B.Approval of the requested side yard setback variance would benefit the adjacent properties because the site will be improved. May 6, 2014 2 Planning CommissionMeetingMinutes C.Approval would meet the spirit and intent of the ordinance since the proposed garage would be built in an area that is already maintained as a garage. D.The applicant shall plant a tree per the city code. Approval of the side yard setback variance shall be subject to complying with all zoning and building code regulations regarding the building of garages. Commissioner Ige made a friendly amendment to require the applicant to plant a tree per city code. Commissioner Trippler accepted the friendly amendment. Seconded by Commissioner Kempe.Ayes -All The motion passed. This item goes to the city council May 12, 2014. c.7:00 p.m. or later: Approval of a Conditional Use Permit and Design Plans for a Building Addition to Beaver Lake Elementary School. i.Senior Planner, Tom Ekstrand gave the presentation and answered questions ofthe commission. ii.Mike Boland, ISD 622 addressed and answered questions of the commission. iii.Raj Dhital, MLA Architects addressed and answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing. Karen Sturdevant, 1034 Sterling Street, Maplewoodaddressed the commission. She stated she would like a sign added with a speed control.She asked about the new bus drop off plan. Acting Chairperson Arbuckle closed the public hearing. Commissioner Tripplermoved to approvethe conditional use permit resolution approving the plans for the addition to Beaver Lake Elementary, located at 1060 Sterling Street North. Approval is subject to the following conditions: 1.All construction shall follow the site plan approved by the city date-stamped April 15, 2014. Staff may approve minor changes. 2.The proposed construction shall be substantially started within one year of council approval or this permit shall be null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The applicant shall plant four trees to replace the four that are to be removed. Replacement trees shall be at least two inches in caliper if they are deciduous or at least six feet tall if they are evergreens. The applicant shall work with staff on this landscaping plan. 5.The applicant shall repair the pot holes in the parking lots and drive way from Stillwater Road. The graveled area on the north side of the building shall be paved within one year. 6.The applicantshall work with staff on the construction of a trash enclosure for the north side of the building to contain the two trash dumpsters. The trash enclosure shall be a material May 6, 2014 3 Planning CommissionMeetingMinutes compatible with the building and have closeable gates. The trash enclosure shall be completed along with the construction of the proposed addition. 7.The applicant shall comply with all requirements of the city’s engineering department report dated April 15, 2014. Seconded by Commissioner Kempe.Ayes -All The motion passed. This item goes to the city council May 12, 2014. d.7:00 p.m. or later: Approval of Conditional Use Permit to Reduce the Parking Lot Setback for the Hobby Lobby Dock Addition at the Plaza 3000 ShoppingCenter, 3000 White Bear Avenue i.Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii.Len Schreier, Azure Properties addressed and answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing. Nobody came forward to address the commission. Acting Chairperson Arbuckle closed the public hearing. Commissioner Kempemoved to approvethe conditional use permit resolution approving the plans for the widening of the Plaza 3000 Shopping Center parking lot on the south side of the building. This approval allows a parking lot setback reduction from 11.5 feet to six feet 10 inches. Approval is based on the findings required by ordinance and subject to the following conditions: 1.All construction shall follow the site plan approved by the city date-stamped March 27, 2014. Staff may approve minor changes. 2.The proposed parking lot widening shall be substantially started within one year of council approval of this permit shall be null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The property owner shall replace the six trees that would be removed due to this parking lot widening. They shall plant shrub varieties that grow tall enough to provide some screening, but not massive enough to have a substantial root spread that would interfere with nearby buried cables in the street boulevard. The property owner shall plant six planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be removed. The planting plan shall be subject to staff approval. Seconded by Commissioner Ige.Ayes -All The motion passed. This item goes to the city council on May 12, 2014. May 6, 2014 4 Planning CommissionMeetingMinutes e.7:00 p.m. or later: Approval of Home Occupation License for Just Rita’s aHair Salon located at 2139 Edgerton Street. i.Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. ii.The applicants, Rita and Tom Johnson, addressed and answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing. Nobodycame forward to address the commission. Acting Chairperson Arbuckle closed the public hearing. Commissioner Tripplermoved to approvethe home occupation license for Just Rita’s, a hair salon to be operated from 2139 Edgerton Street by Rita Johnson. Approval is subject to the following conditions: 1.The applicant shall always comply with the requirements of the Home Occupation License requirements of the city ordinances. 2.The applicant shall obtain building permits for work she may do on her house for this home occupation, for example, building, plumbing, electrical or mechanical work. 3.The city council may review this approval, as needed, if there are any complaints received due to neighborhood impact. 4.The applicant may install one home-occupation sign up to two-square feet in area (code requirement). Seconded by Commissioner Ige.Ayes -All The motion passed. This item goes to the city council on June 9, 2014. 6.NEW BUSINESS None. 7.UNFINISHEDBUSINESS None. 8.VISITOR PRESENTATIONS None. 9.COMMISSION PRESENTATIONS a.Commission presentation for the April 28, 2014, city council meeting. Commissioner Trippler was scheduled to attend. There were no items requiring planning commission representation. b.Commission representation for the May 12, 2014, city council meeting. Commissioner Desai is scheduled to attendbut staff will represent the commission.The anticipated items for review are the Verizon Wireless CUP, the Plaza 3000 parking lot setback reduction CUP, the May 6, 2014 5 Planning CommissionMeetingMinutes Beaver Lake Elementary School CUP,the shoreland setback variance for 2843 Meadowlark Lane and the garage setback variance for 798 McKnight Road. c.Commission representation for the May 26, 2014, city council meeting. Commissioner Arbuckle is scheduled to attend. This meeting falls on Memorial Day and is cancelled. d.Commission representation for the June 9, 2014, city council meeting. Commissioner Diatta is scheduled to attend. Items to be reviewed are the Just Rita’s Home Occupation request at 2139 Edgerton Street and the reconsideration of an ordinance amendment requested by U- Haul to allow indoor warehousing in a BC district. e.Site map discussion –Commissioner Trippler discussed having better site maps in the packets. Staff will make sure to have sufficiently detailed maps in the reports in the future. 10.STAFFPRESENTATIONS None. 11.ADJOURNMENT Acting Chairperson Arbuckleadjourned the meeting at 8:32p.m. May 6, 2014 6 Planning CommissionMeetingMinutes MEMORANDUM TO: Charles Ahl, City Manager FROM: Tom Ekstrand, Senior Planner Melinda Coleman, Assistant City Manager DATE: May 12, 2014 SUBJECT: Approval of a Conditional Use Permit for Used-Car Sales at the Maplewood Office Park, 1705 Cope Avenue Introduction Dennis Newcomb, of 4 Seasons Auto Sales, is requesting approval of a conditional use permit (CUP) to sell used cars at the Maplewood Office Park, 1705 Cope Avenue. Mr. Newcomb would like to park10cars in the northeasterly parking lot. His rental office isinthe northerly spaceofthe easterlybuilding. Refer to the attachments. Background April 8, 1976: The city council approved the development plans for the Maplewood Office Park. Discussion CUP Consideration Staff must evaluate this proposal according to the guidelines in the CUP ordinance. CUP Findings for Approval The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. These standards for approval are: 1.The use would be located, designed, maintained, constructed and operated to be inconformity 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. 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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 scenicfeaturesinto the development design. 9.The use would cause minimal adverse environmental effects. The proposed used-car sales business would comply with the comprehensive plansince this area is guided for commercial activities. Staff feels that the proposal would also meet the other findings for approval if this proposed business is operated in a neat and orderly fashion. If not, staff feels it could alter the existing character of this neighborhood and possibly impact property values. In past conversations with the Ramsey County Assessor’s office, their opinion has been that a business, if properly and neatly operated, would not negatively affect property values. Messy business neighbors could. Therefore, if the city council approves this CUP, it should be conditioned upon keeping the site neat, which means prohibiting excessive use of advertising banners, streamers and signs. Current Property Conditions Presently, the Maplewood OfficePark has a tenant with unapproved signs and strings of banners or flags. The site does not have a trash enclosure for the dumpster and there is brush piled along the west side of the site. Also, theapplicant has also already begun business at this location. Staff has advised him to remove the cars from the site that are for sale until, and if, the city council approves the CUP. If this CUP is approved, staff would recommend that the property owner/landlord clean up their property by building a trash enclosure as required by ordinanceand require that their tenant, The Village Shoppes, comply with signage requirements. They should also remove the brush from the west side of the site. Signage The sign plan for the Maplewood Office Park consistsof two ground-mounted tenant identification signs on the Cope Avenue frontage, white lettered tenant identification signs on the building for each tenant space and the main ground sign facing Highway 36. Mr. Newcomb stated that he would like to put up his sign from his last location. This is a cabinet sign about three by six feet in size. To do so would require an amendment to the Maplewood Office Park sign criteria. Neighbors’ Comment One resident to the south phoned staff and strongly opposes this request feeling that this location is not at all appropriate for used-car sales and she can’t believe that the city would even consider this request. Department Comments Building Official Nick Carver, the buildingofficial, has no comments other than if any construction is proposed within the building the applicant must apply for permits. Engineering No comment unless any site changing work is done such as grading or paving. Fire Marshal Any automobile maintenance must be in accordance withproper auto-repair licensing requirements. Police No issues noted. Conclusion If Mr. Newcomb runs a neat and well kept business, there should be no concern with his business. Staff recommends that this CUP be conditioned upon prohibiting the use of banners, streamers, temporary signs that are not allowed by the city’s sign code and such typically seen, gaudy aspects of some previous used-car sales businesses. Also, a condition of this approval should be that the property owner clean up the site and all existing sign violations be removed. Budget Impact None. Recommendation Approve the conditional use permit resolution to allow a used-car sales business located at 1705 Cope Avenue.Approval is based on the findings required by ordinance and subject to the following conditions: 1.All construction shall follow the site plan date-stamped April 14, 2014 approved by the city. Staffmay approve minor changes. 2.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. 3.The city council shall review this permit in one year. 4.The property owner shall clean up the site in the following ways (to be completed in six months from this approval, unless otherwise noted): The brush pile along the west side of the property shall be hauled away. The unapproved signs on the site shall be removed immediately. A trash enclosure with a closeable, 100 percent opaque gate, shall be built for the trash dumpster which is sitting in the open. The main ground sign for the Maplewood Office Park shall be repaired to be more presentable. 5.New signs, if not in compliance with the comprehensive sign plan, shall be submitted to the community design review board as an amendment to the current sign plan. This approval must be granted prior to the installation of any signs that do not comply withthe current sign criteria. 6.Theapplicant shall not exceed a totalten cars for sale at any one time. Reference Information Site Description Site size: 3.34acres Existing land use: The Maplewood Office Park, a multi-tenant office complex Surrounding Land Uses North:Highway 36 South:Cope Avenue Professional Building East:Vacant lot, Taste of India and Monson Insurance West:Sheet Metal Workers Union Office and Sheet Metal Workers Federal Credit Union Planning Land Use Plan designation: C(commercial) Zoning: M1(light manufacturing) Code Requirement Section 44-637, conditional uses in the M1, light manufacturing District, refers to the applicable requirements of the BC, business commercial district, which would apply to M1 districts. Section 44-512 (5) of the BC regulations requires a CUP for the sale or leasing of used motor vehicles. Also, used car sales must be at least 350 feet from a residential district. 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 thisrequest wascomplete onApril 14, 2014. State law requires that the city decide on these applications within 60 days. The deadline for city council action is June 13, 2014. Attachments 1.Conditional Use Permit Revision Resolution 2.Location Map 3.Land Use Plan Map 4.Zoning Map 5.Aerial Photograph 6.Applicant’s Letter of Request 7.Applicant’s Site Plan p:sec10\Maplewood Office Park 1705 Cope Avenue\Dennis Newcomb CUP for Car Sales PC Report 5 14 te Attachment 1 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Dennis Newcomb, of 4 Seasons Auto Sales, has applied for a conditional use permit be allowed to sell used automobiles at the Maplewood Office Park. WHEREAS, Sections44-637 and 44512 (5) of the city ordinances requires a conditional use permit for used car sales in a M1 (light manufacturing) zoning district. WHEREAS, this permit applies to the property located at 1705 Cope Avenue.The property identification number of this property is: 102922410008 WHEREAS, the history of this conditional use permit is as follows: 1.On May 20, 2014, the planning commission held a public hearing. 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 reports and recommendation of city staff. The planning commission recommended that the city council _______this permit. 2.On ____________, 2014, 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 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. 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. Attachment 1 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2.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. 3.The city council shall review this permit in one year. 4.The property owner shall clean up the site in the following ways (to be completed in six months from this approval, unless otherwise noted): The brush pile along the west side of the property shall be hauled away. The unapproved signs on the site shall be removed immediately. A trash enclosure with a closeable, 100 percent opaque gate, shall be built for the trash dumpster which is sitting in the open. The main ground sign for the Maplewood Office Park shall be repaired to be more presentable. 5.New signs, if not in compliance with the comprehensive sign plan, shall be submitted to the community design review board as an amendment to the current sign plan. This approval must be granted prior to the installation of any signs that do not comply with the current sign criteria. 6.The applicant shall not exceed a total of ten cars for sale at any one time. The Maplewood City Council _________ this resolution on _______, 2014. Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 MEMORANDUM TO: Charles Ahl, City Manager FROM: Michael Martin, AICP, Planner Tom Ekstrand, Senior Planner Melinda Coleman, Assistant City Manager DATE: May 14, 2014 SUBJECT: Approval of the following requests for a Holiday Station Store,1285 Cope Avenue East: A.Approval of a Resolution for a Conditional Use PermitRevisionwith Reduced Building Proximity to Residential Districts B.Approval of a Resolution for Building and Parking Lot Setback Variances C.Approval of Design Plans Introduction Project Description Stephen Linn, of Linn Companies, is proposing to redevelop 1285 Cope Avenue witha Holiday Station Storeconsisting of a motor fuel station, conveniencestoreand car wash.The applicant will tear down the existing shopping centerto build the proposed Holiday Station Store.The original conditional use permit (CUP) for this site permitted a motor fuel station, therefore, this CUP request is treated as a CUP revision. The property is zoned M1 (light manufacturing), whichallows motor fuel stations by CUP.The city’s comprehensive plan guides this parcel as C (commercial). Requests To build this development, the applicantisrequesting that the city approve the following: 1.A conditional use permit (CUP) revision to allow a motor fuel station: a.To be open 24 hours-a-day. Code requires motor fuel stations to be closed between 11 p.m. and 6 a.m. if the station is closer than 350 feet to a residential district. b.To have any structurein a M1 district that is closer than 350 feet to a residential district. c. To have any part of a major motor fuel station closer than 350 feet to a residential district. 2.A 10-foot building setback variance for the proposed car wash to be placed 20 feet from the north lot line and two 10-foot parking lot setback varianceson the north and east sides of the site in order to have a five-foot setback from the Highway 36 and English Street rights-of-way. 3.Design Plans. Discussion Conditional Use Permit Revision Open 24 Hours The applicant has indicated that because of the site’s location along Highway 36, a major regional transportation corridor, being restricted to opening at 6 a.m. would mean missing a significant portion of the morning commute. Employees would typically be on duty an hour or two after the store has closed and arrive before the store opens. If the city council permits the proposed Holiday Station Store to be open 24 hours a day, staff recommends that the CUP restrict the use of intercomsandthe car wash between the hours of 11 pm and 6 am to control late night noise. Also, all lights on the property should be directed, designed and installed to minimize light spillover and glare for residential neighbors. Proximity to Residential Districts The proposed fuel island canopy is the closest structure to the residential district to the south. At its closest point, it would be 190feet from those properties. City code requires that any structure in a M1 district be at least 350 feet from a residential lot unless a CUP isgranted. In this instance, the existing building is already nearly thatclose so staff sees no reason why the proposed station should not be allowed. A condition of the previous approval, however, was to increase screening along Cope Avenue and at the corner for the nearby homes. Such screening should be the same requirement for the proposed Holiday Station Store. Proximity of Any Part of a Major Motor Fuel Station to Residential Districts The concern with motor fuel stations with nearby residential lots is due to the increase in activity associated with fuel stationssince there are more cars in and out of the site than most other commercial businesses. Lights and noise are other concerns. The proposed use, however, is an appropriate use for a highway interchange location. Other Holiday stations have been built in the area which seem to be compatible with nearby residents. Examples are the Holiday Station Store on McKnight Road and Lower Afton Road in Maplewood and the Holiday Station Store in North St. Paul at County Road B and McKnight Road. The only complaint staff has gotten about the McKnight Road/Lower Afton Road store is because of the blue neon lights on their freestanding sign. CUP Findings for Approval The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. In short, these state that the use would (refer to the resolution for the complete wording): Comply with the city’s comprehensive plan and zoning code. Maintain the existing or planned character of the neighborhood. Not depreciate property values. Not cause any disturbance or nuisance. Not cause excessive traffic. Be served by adequate public facilities and police/fire protection. Not create excessive additionalcosts for public services. Maximize and preserve the site’s natural and scenic features. Not cause adverse environmental effects. The proposal would meet these CUP conditions if safeguards were taken against excessive lights and noise. English Street and Cope Avenue are designed to handle the traffic that would be expected by this use.Furthermore, the site has included a fuel station in the past and there was no issue with traffic when it was open. Outdoor Storage and Displays Staff realizes that such fuel stations typically have some outdoor storage and sales displays for items like windshield washer fluid and water-softener salt. Staff recommends allowing such outdoor displays along the south elevation of the building and under the fuel pump canopy. Outdoor storage and sales should be prohibited anywhere else on site. Neighborhood Pre-Application Meeting Prior to making any applications to the city, Mr. Linn sent out a letter to all property owners within 500 feet of the site offering to discussthe project and address concerns. Mr. Linn reported to the city that no residential property owners responded to his letter and two commercial property owners offered to sell him land. The city conductedits own neighbor survey and the comments can be found later in the report. The result of staff’s survey was five in favor and nine opposed to this proposal. Setback Variances Building Setback The proposed building would be 20 feet from the north lot line which is the Highway 36 right-of- way line. The code requires 30 feet. The Highway 36 boulevard is very wide, however, at 82 feet. Normal street boulevards are 12 to 15 feet wide. In that instance, a 30-foot building setback would be needed. Staff does not have any problem with this variance sincethe proposed building would still be over 100 feet from the highway. Parking Lot Setbacks As with the building setback variance the parking lot setbacks of five feet from the north and east would not be a problem since the boulevard widths are very wide and essentially result in a sufficient parking lot setback when taken into account. As just stated, the Highway 36 boulevard is very wide at 82 feet. So a five-foot parking lot setback would not be a problem. Likewise the English Street boulevardis very wide ranging from50 to 70 feet, therefore, a parking lot setback on that side of five feet would not be a problem. Design Review Curb Cuts/Driveways There are threeexisting curb cuts into the property, twoalong Cope Avenue East and one along English Street. The proposed site plan shows a single,right turn only curb cut from English Street serving southbound traffic. Traffic traveling north on English Street would not be able to enterthis access point. The Minnesota Department of Transportation (MnDOT)is requiring the applicant design this access point to ensure restrictedaccessto only southbound traffic on English Street.Two additional access points are provided along Cope Avenue East. All cars exitingthe site would utilize these two points. Sidewalks There are existing sidewalks along Cope Avenue East and English Street. This project will not change the current placement of sidewalks, but any disturbance to the walks because of the placement of the new driveway access points must be repaired by the applicant. Site Layout The building meets or exceeds the required setbacks from Cope Avenue, English Street and the west property line(Figure 1). As described above, a variance is needed from the Highway 36 right-of-way. The fuel island canopymeets the requirements of being setback at least 15 feet from the street right-of-way line and five feet from a nonresidential property line. Parking City code requires retail Figure 1–Site Plan stores to have one parking stall per 200 square feet of retail space and fuel stations to have four spaces. This site would require 35 parking spaces. The applicant is proposing 11 spaces in front of the store, five spaces in the southeast corner of the site and 18 spaces under the canopy. Thisleaves the site one space short of the city’s parking requirements. The applicant shall amend the site plan to add an additional parking spot. The general-use parking stalls are required tobe 10 feet wide by 18 feet deep to meetcity code requirement for a retail (high turnover) use.The applicant’s plans show two spaces in front of the store 9 feet wide. The plan needs to be revised to show 10-foot wide spaces. The spaces on the southeast corner are shown as 9 feet wide. The site plan shall be revised to either show these spaces as 10 feet wide or signed as employee only –which code allows those spaces to be 9 feet wide. Landscaping The landscape plan shows 11deciduous treeson site and 3coniferoustreeson the south side of Cope Avenue.The applicant has proposed the three coniferous trees to help provide screening to the homes to the south. While staff agrees screening needs to be provided the location of these trees will do little because the placement. Also public works staff does not recommend allowing the applicant to plant screening trees off site on city right-of-way because of potential maintenance issues in the future. Staff recommends the applicant be required to meet the original screening requirements established in 1988. Berms at least four feet in height shouldbe required along Cope Avenue and English Street –to the south edge of the gas canopy. Coniferous trees shall be planted on top of the berms to meet the city’s screening requirements –six feet tall and 80 percent opaque. The landscape plans show foundation plantings around the building. Staff feels the rest of the site is sparse in terms of landscaping. Staff recommends adding a wrought-iron fence along the English Street property, from the northeast cornerto the south line of the gas canopy. Additional plantings should be provided along the fence. The fence and plantings will help breakup the large expanse caused by the right-of-way areas. Two existing fuel stationsites in Maplewood have installed suchdecorative fencing with day lilies in planting beds which have provided nice aesthetics in a narrow planting area.Those are Super America Stations located at Upper Afton Road and Century Avenue and the other at White Bear Avenue and North St. Paul Road. Staff recommends the applicant submit a revised landscaping plan for staff approval that incorporates the berming and screeningexpressed aboveas well as a plan showing a wrought- iron fenceand planting beds. Lighting City code requires the submittalof a lighting plan which ensures all freestanding lights maintain a height of 25 feet or less and that the maximum illumination at all property lines doesnot exceed .4-foot-candles. The plan meets the pole heightrequirements but does exceed the foot- candlerequirements atcertain points long the property line. The applicant shouldsubmit a revised photometricplan for staff approval that would meet all city requirements. Also, the lights for the fuel pump canopy area should be recessed into the canopyso they do not create any light glare from drop-down style lighting lenses. TrashEnclosure The location of the proposed trashenclosure is on the westside of the site and will be built with brick and have a solid cedar gate. Signage Signs are notincluded in this review. The applicant must apply for sign permits which will be evaluated with the city’s sign ordinances. Building Elevations The exterior of the building is attractive and will be constructed with brick, EIFS,and simulated stonefor columns(Figure 2). The gas pumps will also have brick elements while the canopy will have metal panels matching the color of the EIFS on the main building. Blue awningsare proposed on the south, west and east elevations. Staff also recommends adding them to the windows on the north elevation. The plans do not show the location of any mechanical equipment. Any rooftop equipment must be screenedfrom the residential areas. As Figure4–Front Elevation mentioned earlier in this report, the plans show the use of decorativeblue LED lighting –staff is recommending this be removed from the plans since the blue lighting accents have been the source for complaints about the Holiday Station Store in South Maplewood. Department and Agency Comments MnDOT:Molly McCartney, senior transportation planner, reviewed this project for the Minnesota Department of Transportation (MnDOT). MnDOT has no concerns with the proposed variancesfor the setbacksbut are requiringthat the English Street access driveway be designedto restrict access to southbound traffic only. Ms. McCartney’s comments are attached to this report. Engineering Department: Jon Jarosch, staff engineer, reviewed the development proposal and his report, dated May 5, 2014 and is attached. Environmental Review: Shann Finwall, environmental planner, stated that the tree replacement requirements of the city code would have to be met. Building Department: Nick Carver,building official, reviewed the development proposal and has the following comments:Must meetall code requirements. Demo permit approval required from Ramsey County. Fire Department: Butch Gervais, fire marshall, reviewedthe development proposal and has the following comments: Applicant will need to pull permits for installing tanks and for all fire protection systems. If they plan to operate 24 hours as they state they need to make sure that all emergency shut offs are install outside according to code. Police Department: Paul Schell, police chief, reviewed the development proposal and has the following comments: No compelling issues for concern.Policewould askandrecommend the applicant install and operate high definition video both inside the store and in the parking lot/pump/carwash areas. Budget Impact None. Recommendations 1.Approve the plans date-stamped April 25, 2014, for the Holiday Station Store to be located at 1285 Cope Avenue East. Approval is subject to the applicant doing the following: a.Repeat this review in two years if the city has not issued a building permit for this project. b.Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1)Meet all requirements of the engineering report dated May5, 2014. 2)Revised landscape plan showing the following: a.On-site berming along Cope Avenue and English Street. These berms shall be four feet tall. The berm on English street shall be in line with the south line of the gas canopy to Cope Avenue. If four- foot-tall berms are not feasible, the applicant shall work with staff for a suitable alternative to achieve proper screening. b.A thickscreen of evergreen plantings shall be provided, maintained and replaced whennecessary on top of the berms to block headlight glare. c.A wrought-iron fencealong the English Street property, from the northeast corner to the south line of the gas canopy. Additional plantings should be provided along the fence. d.The landscaping plan shall meet all tree replacement requirements. 3)Submit revised a revised site plan showing all non-employee spaces to be 10 feet wide and adding one additional parking space to meet code requirements. 4)Submit revised elevations showing the removal of any and all decorative lighting from the buildingand the addition of blue canopies for the windows on the north elevation. 5)A revised photometric plan shall be submitted for staff approval, which meets all city lighting requirements. 6)A cash escrow or an irrevocable letter of credit for all required exterior improvements.The amount shall be 150 percent of the cost of the work. c.Signage on the property is not part of the design review approval. Sign permits will need to be approved by staff for all signs. d.The applicant shall complete the following before occupying the building: 1)Install all required landscaping and underground irrigation. 2)Paint the rooftop mechanical equipment to match the building color or if the equipment is visible to residential neighbors, they must be screened as required byordinance. 3)Install all required outdoor lighting. 4)Install employee only parking signs for any spaces 9 feet wide e.If any required work is not done, the city may allow temporary occupancy if: 1)The city determines that the work isnot essential to the public health, safety or welfare. 2)The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. f.All work shall follow the approved plansand these conditions.Staff may approve minor changes. 2.Adopt the resolution approving a conditional use permit revision for a major motor fuel station to be located at 1285 Cope Avenue. This CUP allows the following aspects of the proposed Holiday Station Store: to be open 24 hours a day, to be constructed closer than 350 feet to a residential district. Approvalis based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): a.Adherence to the site plan, datedMay 27, 1988April 25, 2014,unless a change is approved by theCity's Community Design Review BoardCity Council. b.The right-turn laneproposed along English Street shall be subject to the City Engineer's and MnDOT’sapproval. c.The applicant shallrestriperepairany disturbances to the sidewalk and curbs along English Street and Cope Avenue,andwiden it if necessary, to provide aleft-turn lane for west-bound Highway 36,subject to the MnDOT’s and theCity Engineer's approval. d.The landscape plan shall berevised for Community Design Review Boardstaff’s approval showing: 1)On-site berming along Cope Avenue arid English Street. These berms shall be four feet tall.The berm on English street shall be in line with the south line of the gas canopy to Cope Avenue 2)A thickscreen of evergreen plantings shall be provided, maintainedand replaced whennecessary on top of the berms to block headlight glare, to meet the requirements of Section 36-2744-19of the City code. 3)Trees shall also be planted on top of the berms.A wrought-iron fencealong the English Street property, from the northeast corner to the south line of the gas canopy. Additional plantings should be provided along the fence. e.Gas sales shall be limited to two dispensers on one island.There shall be no vehicle repair or maintenance. f.Theupper floor uses, facingCope Avenue, shall not be openbetween the hours of 10:00 P.M. and 7:00 A.M. Fuel Station and convenience store allowed to be open 24 hours a day. Intercom use and car wash shall by limited tothe hours of 6 a.m. through 11 p.m. g.There shall be no temporary or permanent outside storage orsales, except fuel Outdoor storage and sales allowed along the south building elevation and under the gas canopy. Outdoor storage and sales are not allowed anywhere else on site. h.Decorative lighting is prohibited on the building or any freestanding signs. i.All lighting within the gas canopy area must be recessed into the fuel island canopy. 3. Adopt the resolution approving the following setback variancesfor the proposed Holiday Station Store building and parking lot: a ten-foot building setback from the north property line (code requires 30 feet and 20 feet is proposed) and a ten-foot parking lot setback for the parking lot from the north and east property lines (code requires 15 feet and five feet is proposed). Thesevariance approvals arebased on the following findings: a.The proposed use would be in harmony with the general purposes and intent of the zoning ordinance since the wide boulevards on the north and east would provide substantial building and parking lot setbacks on those sides. b.The proposed commercial use is consistent with the commercial classification of the Maplewood Comprehensive Plan. c.The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city’s major motor fuel stationsetback requirements. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance will not alter the essential character of the locality. Citizen’s Comments City staff surveyed the owner of the 42 properties within 500 feet of the site for their comments about the proposal. Of the 15 replies, five were in favor, nine were opposedand one had concerns. In Favor 1.I would like a Holiday Station Store on this location. (Kurt and Christa Fechter, 1249 Lark Avenue East) 2.I have reviewed this plan from Linn Company. Love the idea. Convenience is always welcome!!I have missed having a gas station there. My vote is yes. (Sandra Webinger, 1292 Lark Avenue East) 3.Looking forward to the Holiday Station Store. Theirbuildings are always clean. Good choice another taxpayer that’s good. (Frank and Therese Wegleitner, 1252 Cope Avenue East) 4.Great idea. We really need a station around here. 100 percent in for this. (Arnold and Joan Omath, 1270 Lark Avenue East) 5.I have received a letter from you with reference to the station store the Linn family wants to build adjacent to my building. I have no concerns with respect to the intended plans to build a station store. The benefit I see for me would be enhanced security for my building. (Peter Hoefler, 1255 Cope Avenue East) Opposed 1.Absolutely not. No 24 hours. Never. Absolutely no variances. Why have ordinances at all if you give 1/3 of it away. Build one 210 feet from your house. (Gary and Deborah Flasch, 1268 Cope Court East) 2.I am against it for these reasons. 1. It decreases my property value. 2. A 24 hour operation –nopersons or guest; close 1 –5 a.m. 3. The car wash blower and dust vacuums will be a summer nuisance. 4. The proposed Cope exit is very close to cars crossing and turning off of English. This may require a stop and go installation at the busy crossing. English is already a hazard. (Roger Franz, 1285 Cope Avenue East) 3.We have lived kitty corner from the site for 24 years, and have seen the gas stations come and then goout of business. There are fast food options and a gas station one mile away. I am concerned about many things in this proposal -1-Operating 24 hours a day –This areaISresidential on one side and light manufacturing on the other.It should not be open 24 hours. 2 -The setback variance –Citizens count on the city keeping us safe.There is a reason for this coderequiring 350 feet.The Linn proposal should work within the allowed perimeters. 3 -How bright is the lighting from the business? Will there be a berm high and largeenough to block the lights and activity? Will there big sign be on Hwy 36?How large and bright will the sign be on Cope & English? (Ann Cleland, 1308 Cope Avenue East) 4.We haveconcerns regarding the proposed convenience store/gas station at 1285 Cope. Setback Variance from 350 feet setback : We live at 1276 E Cope Ct.We have direct line of siteon to 1285 Cope from ourliving room and dining room table.Our house is less than 350 feet from 1285 Cope.The front of ourhousefaces 1285 Cope-our bedrooms are in the front of our house.We object to having gas bumps less than 350 feet from ourfront door. Conditional Use Permit:We object to havingthis convenience store/gas station open 24 hours a day. We areconcerned about the noise of the vehicle and trucks coming and going at all hours. We are alsoconcernedabout the possible increase in the crime rate because convenience stores/gas station which operate 24 hours a day are known tohave a high crime rate. (Thomas and Mary Jane Shock, 1276 Cope Court East) 5.I do not think it is a good idea to allow the variance for the Holiday Station at the proposedsite of 1285 Cope. These rules/laws are put in place to protect the residents and even with all the safety measure put in place the chances of something going wrong are probably one in a million. Ido not think it is worth the income to allow that chance and then show up in the news with disaster and fatality’s because we thought it wouldn’t happento us. If the zoning states 350 feet from Residential Property then Holiday Station should go back tothe drawing board and redesign so it fits the zoning laws. (Carol Rydeen, 2240 English Street North) 6.I am against the setback variance. I don't live directly across from that property but if I did I would be strongly against allowing Holiday into that location. The houses along Cope Court have their front doors face directly at the proposed development. They would have bright lights and noise in their front yards 24/7. There is very little space between their yards and the proposed development. Secondly I am against the conditional use permit. I live at 2240 English St. The new English St / Hwy 36 interchange is very nice. Unfortunately for houses along English St, traffic has increased substantially from levels prior to the new interchange. There are already two houses for sale on my block as a direct effect of the increased traffic. We plan on being the third house for sale within the next year also due to the heavy traffic. Adding a Holiday station on the next block will only increase traffic that much more. Although the Holiday station would bring business and tax revenue into Maplewood I believe the cost would be too high to the people that live in the area. (Rick Rydeen, 2240 English St) 7.Please deny this;we already have too much commercial traffic on Cope. Too many cars speeding, 24 hour store draws more trouble (robberies), loud cars and not enough police patrol to protect us and our property (Gary and Debra McDonough, 1340 Cope Avenue East) 8.I am opposed to 24 hour operations at this location. The close proximity to Highway 36 may encourage late night illegal activities and robberies with use of guns in our neighborhood. (May Lou Lindeman, 1284 Lark Avenue East) 9.I feel the property is too small for all the activity and structures. There will be too many driveways too close to an already congested, confusing and accident prone intersection, especially during rush hour. You’re creating more problems to two busy streets! (Tracy and Joseph Mincher, 2303 Atlantic Street North) General Comments 1.As for any concerns that I have on the proposal, I would have to say that my main concern is the 24 hr aspect. Although this makes it convenient for the customers, it may also bring in unwanted attention in noise levels, clientele, and make it more attractive to being robbed. Concerning the setback variance, my residence is on the outer edge of those you contacted (most likely past the 350 ft rule), and although it is a concern, I feel that others should have a louder voice in the matter. (Al Benson, 1259 Lark Avenue) Reference Site Description Site size:1.14acres Existing Use:Shopping center and vacant motor fuel station Surrounding Land Uses North:Highway 36(Right-of-way) South:Cope Avenue East, Cope Court and single-family homes (zoned R1) East:English Street (Right-of-way)and vacant site (zoned M1) West:Vacant building(Zoned M1) Planning Existing Land UseDesignation:Commercial (C) Existing Zoning:Light Manufacturing(M1) Criteria for Approvals 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. Motor Fuel Stations Section44-512 of the city code regulates motor fuel stations: A.The setback of any overhead canopy shall be at least 15 feet from the street right-of-way line and five feet from a nonresidential property line. B.The setbacks to a residential lot line insection 44-20(c)(6) shall include motor vehicle washes, fuel dispensers or canopies. C.All parts of major motor fuel stations, motor vehicle washesor maintenance garages shall be at least 350 feet from any property the city is planning for residential use. D.No unlicensed or inoperable vehicles shall be stored on the premises for more than 48 hours, except in storage areas that are fully screened from public view. E.All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. F.All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. G.The city must approve the location and type of outdoor storage in the conditional use permit. H.Noise from operations, including external speakers, shall not exceed the noise standards of the state pollution control agency. I.No motor fuel station or maintenance garage within 350 feet of a residential lot line shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. The city council may allow or require different hours of operation as part of the approval process of a conditional use permit for maintenance garages and motor fuel stations. J.Fuel station dispenser islands, parking areas, and drives shall be screened from residential lot lines in conformance withsection 44-19(c) and (d). K.Parking shall be limited to paved areas. L.All new or replacement underground fuel storage tanks shall meet the standards of state statutes and the standards of the state pollution control agency. Such tanks shall also have a UL listing appropriate for their use. In addition, installation plans shall be submitted to the state fire marshal's office for approval. M.There shall be leak detection equipment on all new and existing tanks according to U.S. Environmental Protection Agency (EPA) schedule deadlines. Leak detection facilities shall include electronic (in tank) monitoring equipment as well as manual daily measurement and recording of tank levels. Records of daily tank levels, fuel purchases and fuel sales shall always be available on site for inspection by the fire marshal. N.Vents from an underground fuel storage tank shall be 200 feet from a residential lot line. The city council may approve a lesser setback if the developer can prove that the topography or existing or proposed buildings will prevent fumes from reaching a residential lot line. O.Motor vehicle washes shall be subject to the same conditions as stated for motor vehicle fuel stations, with the following additional conditions: a.Water from a motor vehicle wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. b.There shall be stacking space for at least four vehicles. VarianceFindings Section 44-13 of the city code allows the city council to grant variances. All variances must follow the requirements provided in Minnesota State Statutes. State law requires that variances shall only be permitted when they are found to be: 1.In harmony with the general purposes and intent of the official control; 2.Consistent with the comprehensive plan; 3.When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. Design Review 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, orderlyand attractive development contemplated by 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. Application Date State statute requires that the city complete its review of these requests within 60 days of having a complete application. The date for the materials having been considered to be complete by the city is April 25, 2014.Therefore, the deadline for the city’s decisions on these requests is June 24, 2014. State statute allows the city to extend this review period an additional 60 daysif needed. Attachments 1.Location Map/Aerial Photo 2.Land Use Map 3.Zoning Map 4.Applicant’s Letter, dated April 10, 2014 5.Applicant’s Letter to Neighborhood, dated February 21, 2014 6.Engineering Reviewdated May 5, 2014 7.MnDOT Reviewdated April 30, 2014 8.Conditional Use PermitRevisionResolution 9.Variance Resolution 10.Applicant’s Plans date-stamped April 25, 2014 (Separate Attachment) P:sec9\Cope Avenue_1285\PC and CDRB Report #2 052014 Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 4 Attachment 5 Attachment 5 Attachment 6 Attachment 6 Attachment 6 Attachment 7 Attachment 7 Attachment 7 Attachment 8 Attachment 8 Attachment 9 Attachment 9