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HomeMy WebLinkAbout2014-05-27 CDRB Packet AGENDA CITY OF MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD Tuesday, May 27, 2014 6:00 P.M. Council Chambers -Maplewood City Hall 1830 County Road B East 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval of Minutes: a.April 22, 2014 5. NewBusiness: 6.Design Review: a.Approval of Design Plans and a Parking Reduction Authorization for Mudslingers Coffee Kiosk to be Located at Bachman’s, 2600White Bear Avenue b.Approval of Design Plans for a Major Motor Fuel Station Setback Including a Building Setback Variance andTwoParking Lot Setback Variancesfor a ProposedHoliday Station Store, 1285 Cope Avenue East c.Approval of the Building and Site Remodel Plans for the Former Hostess Store at 2146White Bear Avenue 7.Visitor Presentations: 8.Board Presentations: 9.Staff Presentations: 10.Adjourn MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, APRIL 22, 2014 1.CALL TO ORDER Chairperson Ledvinacalled the meeting to order at6:00p.m. 2.ROLL CALL Boardmember, Leo BurgerPresent Boardmember, Bill KempePresent Boardmember,Jason LamersPresent Chairperson,Matt LedvinaPresent Boardmember,Ananth ShankarPresent Staff Present: Michael Martin, Planner 3.APPROVAL OF AGENDA Staff added 9. a. Election of Officers and 9. b. May 27,2014, CDRB meeting. BoardmemberKempemoved to approve the agenda as amended. Seconded by BoardmemberLamers.Ayes -All The motion passed. 4.APPROVAL OF MINUTES BoardmemberLamersmoved to approve theJanuary 28, 2014,CDRB minutes as submitted. Seconded by BoardmemberShankar.Ayes –Chairperson Ledvina, Boardmember Kempe, Lamers & Shankar Abstain–Boardmember Burger The motion passed. 5.NEWBUSINESS a.Overview of Gladstone Phase 2 Improvements i.Planner, Mike Martin introduced the item ii.Todd Halunen, Kimley-Horn gave the presentation and addressed the board. No action was required. April 22, 2014 Community Design Review Board Meeting Minutes 1 6.DESIGN REVIEW a.Approval of Design Plans for Verizon Wireless Ground Equipment at Hillwood Drive and Sterling Street i.Planner, Mike Martin gave the report and answered questions of the board. ii.Randy Iskierka, Verizon Wireless addressed and answered questions of the board. Boardmember Lamersmoved to approvethe plans date-stamped February 18, 2014, for the proposed equipment building for Verizon Wireless to locate a new building on the water tower site at the corner of Hillwood Drive and Sterling Street. Approval is subject to the following conditions: (changes or additions to the motion are in bold and underlined) 1.Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2.The applicant shall obtain a conditional use permit from the city council for the proposed expanded use of the site with an additional building and equipment by Verizon Wireless. 3.The applicant shall replace all evergreen trees that are removed for the proposed equipment building with at least the same number of trees. The replacement trees shall be at least six feet tall. The applicant shall make sure to maintain these trees and keep them watered. 4.If the building project results in a need for a retaining wall at the base of the proposed prefabricated building due to grades, the applicant shall provide a detail of this wall for staff approval. 5.The proposed structure shall match the pattern and color of the existing structure. 6.The applicant shall comply with the conditions noted in the engineering report by Steve Love datedFebruary 13, 2014. 7.The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. 8.The applicant shall review with staff the possibilityof moving the proposed building closer to the water tower. 9.The existing fence around Ramsey County’s equipment should be continually maintained. 10.The applicant shall revise the landscape plan to show the planting locations of the trees to be staggered into two rows, instead of a single row. The applicant shall also work with staff on increasing the number of trees to the landscape plan to bolster the screening provided. Seconded by Boardmember Shankar.Ayes –All The motion passed. April 22, 2014 Community Design Review Board Meeting Minutes 2 b.Approval of Parking Lot Setback Variance for the Hobby Lobby at the Plaza 3000 Shopping Center, 3000 White Bear Avenue i.Planner, Mike Martin gave the report and answered questions of the board. ii.Representative for the applicant, Tom Schuette, Azure Properties addressed and answered questions of the board. Boardmember Lamersmoved to approveadoption of the attached 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 (changesor additions to the motion are in bold and underlined.) 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 shrubs shall be at least three feet tall upon planting. The planting plan shall be subject to staff approval. 5.The applicant shall plant trash compactor a color that is consistent with the building, unless there is a technical reason the machine cannot be painted. Seconded by Boardmember Kempe.Ayes –All The motion passed. c.Approval of Design Plans for Beaver Lake Elementary School, 1060 Sterling Street i.Planner, Mike Martin gave the report and answered questions of the board. ii.Operations Supervisor, Mike Boland, ISD 622 addressed and answered questions of the board. iii.Architect, Raj Dhital, MLA Architects, answered questions of the board. Boardmember Shankarmoved to approvethe plans date-stamped April 15, 2014, for the proposed building addition to Beaver Lake Elementary at 1060 Sterling Street North. Approval is subject to the following conditions: 1.Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. April 22, 2014 Community Design Review Board Meeting Minutes 3 2.The applicant shall obtain a conditional use permit from the city council for the proposed building addition prior to construction. 3.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. 4.The applicant shall repair the pot holes in the parking lots and driveway from Stillwater Road. The graveled area on the north side of the building shall be paved within one year. 5.The applicant shall 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 compatible with the building and have closeable gates. The trash enclosure shall be completed along with the construction of the proposed addition. 6.The applicant shall comply with all requirements of the city’s engineering department for grading, storm water management and erosion control. Seconded by Boardmember Lamers.Ayes –All The motion passed. 7.VISITOR PRESENTATIONS None 8.BOARDPRESENTATIONS None 9.STAFF PRESENTATIONS a.Election of Officers Boardmember Shankar moved to approve Matt Ledvina as Chairperson and Jason Lamers as Vice Chair. Seconded by Boardmember Kempe.Ayes –All The motion passed. b.May 27, 2014,CDRB Meeting – Planner Martin told the board the city plans to hold the CDRB meeting the day after Memorial Day. All board members stated they can attend the CDRB meeting Tuesday, May 27, 2014. 10.ADJOURNMENT The meeting was adjourned by Chairperson Ledvinaat7:03p.m. April 22, 2014 Community Design Review Board Meeting Minutes 4 MEMORANDUM TO: Charles Ahl, City Manager FROM: Tom Ekstrand, Senior Planner Melinda Coleman, Assistant City Manager DATE: May 21, 2014 SUBJECT: Approval of Design Plans and a Parking Reduction Authorization for the Mudslinger’s Coffee Kiosk at Bachman’s, 2600 White Bear Avenue Introduction Vince Hunt and Van Harvieux, of Peak Investments, LLC, are requesting approval of plans to place a drive-up coffee kiosk in the northerly Bachman’s Nursery parking lot. Their coffee service is called Mudslingers. Mudslingers would be open from six a.m. to six p.m. Monday through Saturday. To install the kiosk, they would need to eliminate ten parking spaces. To do that, they would need city council approval of a parking reductionauthorization. On April 20, 1989, the city council granted Bachman’s a parking reduction authorization to have 123 parking spaces fewer than are required by code. Code would have required 321 spaces and Bachman’s was proposing to provide198. Requests Approval of site and building design plans. Approval of a parking reduction authorization to eliminate ten parking stalls to allow room for the proposed Mudslinger’s Coffee Kiosk.Refer to the attached letter from Van Harvieux and Paul Bachman. Background Bachman’s was approved by the city council on April 20, 1989 along with the mentioned parking waiver. Discussion Building Design The proposed Mudslinger’s drive-up coffee kiosk would be placed on a concrete foundation. The design of this eight-foot, six-inch by 22 foot prefabricated structure would be attractive. It would have an exterior of stone and brick look fiber cement panels and hardy plank horizontal- lap siding. The roof would be a standing seam metal roof. Site Changes/Parking Reduction The only site alteration would be the placement of the proposed Mudslingers Coffee kiosk in the northerly parking lot. The applicant has stated that this would use the space of three parking stalls for the building and another seven spaces for vehicle stacking. Bachman’s president, Paul Bachman, has stated in his letter that this proposal would not interfere with his parking needs or traffic flow. Bachman’s is the only site impacted by this use. If there is a parking conflict that develops in the future, Mr. Bachman should terminate his agreement for the Mudslingers on his site, or find another way to resolve any future traffic or parking conflicts. Staff is not concerned about parking or on-site traffic flowunder most circumstances. The Bachman’s northerly parking lot is often unused. Landscaping No new landscaping is needed or proposed. Department Comments Building Official This pre built gable roofed structure will need to meet all the requirements of the building code. Also, they will need a foundation or some other approved method to keep this building secured to the ground. Aplumbing,mechanical and electrical permit may be required Health Officer They would need indoor plumbing—i.e.: employee bathroom, dishwashing and hand-washing sinks.Also, the other requirements of the MN Food Code would be enforced (i.e.: NSF/commercial equipment, approved surfaces). Assistant Fire Chief I would recommend a fire alarm system with a couple of smoke detectors. Fire extinguishers will be required. If they decide to install a cooking hood they would be required to install a fire protection system for the hood only. Engineer Since there is no grading or ground disturbance proposed, there should be no engineering issues except for the proper connection to utilities. Police There are no issues with the proposal. Budget Impact None. Recommendation Approve the plans date-stampedMay 19, 2014 for the proposed Mudslingers’ drive-up coffee kiosk in the Bachman’s northerly parking lot located at 2600White Bear Avenue.This approval allows a parking reduction of 10 parking spaces since the site has an abundance of parking available and they have not experienced any parking shortages. Approval is subject to the following conditions: 1.Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated.Staff may approve minor changes to these plans. 2.The applicant shall comply with all conditions of the building official, assistant fire chief, health officer and engineering department. Reference Information Application Date The application for this request was considered complete on May 19, 2014. State law requires that the city decide on these applications within 60 days. The deadline for city council action on this proposal is July 18,2014. Attachments 1.Location Map 2.Land Use Plan Map 3.Zoning Map 4.Applicant’s Letter for the Parking Reduction dated May 19, 2014 5.Applicant’s Narrative 6.Site Plan/Aerial Photograph date-stamped May 19, 2014 7.Building Elevations 8.Building Photograph p:sec11\Mudslingers Coffee Kiosk CDRB Report 5 14 te Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 MEMORANDUM TO: Charles Ahl, City Manager FROM: Michael Martin, AICP, Planner Tom Ekstrand, Senior Planner Melinda Coleman, Assistant City Manager DATE: May 21, 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 PermitRevisionto allow a motor fuel station to be open 24 hours a day and to have a Reduced Proximity to a Residential District B.Approval of a Resolution for Building and ParkingLot 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 included a motor fuel station, therefore, this CUP request is treated as a CUP revision. The property is zoned M1 (light manufacturing), which allows 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.ACUP revision to allow: a.A motor fuel station that would 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.Extended hours maybe permitted by CUP. b.A motor fuel station to be 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. If the city council permits the proposed Holiday Station Store to be open 24hours a day, staff recommends that the CUP restrict the use of intercomsif they would become a noise problem for neighbors. Also, all lights on the property should be designed and installed to preventlight 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 is granted. In this instance, the existing building is already nearly thatclose so staff sees no reason why the proposed station should not be allowed. Staff, however, recommends that appropriate landscaping be provided along the south property line to provide a reasonable buffer for the homes to the south. Proximity of Any Part of a Major Motor Fuel Station to Residential Districts The proposed useis an appropriate use for a highway interchange location. Other Holiday stations have been built in Maplewood and nearby in North St. Paul which seemsto be compatible with nearby residents. These 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 thefreestanding sign at that location. Staff does feel that these blue neon, or in this case LED, accent lights can be very glaring. The store in North St. Paul at Margaret Street and Highway 36 is this way. The applicant has agreed to limit the blue LED lighting feature to the Highway 36 freestanding sign and to the north side of the building. They would eliminate it elsewhere on the building and canopy. Staff agrees with this approach. CUP Findings for Approval The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. In short, these state that the use would (refer to the resolution for the complete wording): Comply with the city’s comprehensive plan and zoning code. Maintain the existing or planned character of the neighborhood. Not depreciate property values. Not cause any disturbance or nuisance. Not cause excessive traffic. Be served by adequate public facilities and police/fire protection. Not create excessive additional costs for public services. Maximize and preserve the site’s naturaland 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 existing retail center has a fuel station and there had not been any traffic issues 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 front or south elevation of the building , on the west side by the applicant’s patio area where they would have ice machines and LP tank storage and under the fuel pump canopy.Outdoor storage and sales should be prohibited anywhere else on site. Neighborhood Pre-Application Notification 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 discuss the 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 since the 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 wouldnot be a problem since the boulevard widths are very wide and essentially result in a sufficient parking lot setback. As with the 82-foot-wide Highway 36 boulevard, the English Street boulevard ranges from 50 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 that the applicant design the English Street curb cut to only allow right turns in from southbound traffic. Exiting at this point would not be allowed nor would left turns into the site along English Street. All cars exitingthe site would need to exit onto Cope Avenue. 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. SiteLayout 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. This leaves 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 in the southeast corner are shown as 9 feet wide. Nine-foot-wide spaces are permitted if designated to be for employee-parking only. Landscaping The landscape plan shows 11deciduous treeson site and 3coniferoustreeson the south side of Cope Avenueby the cul-de-sac.The applicant has proposed the three coniferous trees on the city right-of-way across Cope Avenue to provide additional screening. Though staff appreciates this effort, staff does not recommend allowing the applicant to plant landscaping off of the site on city right-of-way. This would eventually lead to maintenance issues and tree replacement problems should the trees die. There is not a great dealof roomfor evergreens in these locations either. If they would survive, they would soon crowd into the Cope Avenue cul- de-sac or into Cope Avenue. To fill in some voids in the landscaping plan, primarily along the English Street and Highway 36 frontages, staff recommends adding decorative trees, perhaps additional Snow Crabapples or Sugar Maples for site beautification. There is certainly opportunity for planting in these areas without obscuring the visibility of the site. Staff recommends that the applicant revise the landscaping plan to add plantings for staff’s approval. Lighting City code requires the submittal of a lighting plan which ensures all freestanding lights maintain a height of25 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 canopy so they do not create any light glare from drop-down style lighting lenses.The applicant has stated that they would recess the under-canopy lights. 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 not included 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 stone for 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. Figure4–Front Elevation Department and Agency Comments MnDOT:Molly McCartney, senior transportation planner, reviewed this project for MnDOT. MnDOT has no concerns with the proposed variancesfor the setbacksbut are requiringthat the English Street access driveway be designed to 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 meet all code requirements. Demo permit approval required fromRamsey 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 forall fireprotection 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. Commission Actions May 20, 2014: The planning commission recommended approval of the requested CUP and variances. The planning commission was supportive of the applicant’s request to be allowed to use the west side of the building for the storage and display of ice machines and LP tank- exchange tanks; to apply the blue LED accent lighting on the north side of the building and the northerly freestanding sign only and to be allowed to have the car wash in use 24 hours a day because it is located far from the homes and adjacent to Highway 36. Staff revised the report to reflect those changes. BudgetImpact None. Recommendations 1.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 Holiday Station Store to be open 24 hours a dayandto be constructedcloser 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, 1988date-stampedApril 25, 2014,unless a change is approved by theCity's Commun ity Design Review BoardCity Council. Staff may approve minor changes. b.The right-turn laneproposed along English Street shall be subject to the City Engineer's and MnDOT’sapproval. c.The applicant shallrestriperepair any damage 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. 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 36-27 of the City code. 3)Trees shall also be planted on top of the berms. The addition of landscaping along the English Street and Highway 36 sides of the site. Also, the applicant shall move the three Colorado Blue Spruce that were proposed on the south side of Cope Avenue onto the site. The landscaping plan shall also meet or exceed tree-replacement requirements. The site shall have in-ground irrigation provided. The revised landscaping plan shall be further developed to provide landscaping screening on the south and southeast sides of the site. e.Gas sales shall be limited to two dispensers on one island.There shall be no vehicle repairor maintenance. f.Theupper floor uses, facingCope Avenue, shall not be openbetween the hours of 10:00 P.M. and 7:00 A.M. The fuel station,convenience storeand car wash are allowed to be open 24 hours a day. Intercom use may be limited by the city if there are complaints about volume and late night use. g.There shall be no temporary or permanent outside storage orsales, except fuel Outdoor storage and sales are allowed along the southand westbuilding elevations and under the gas canopy. Outdoor storage and sales are not allowed anywhere else on site. h.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. i.The city council shall review this permit in one year. 2.Adopt the resolution approving the following setback variances for 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. 3.Approve the plans date-stamped April 25, 2014, for the Holiday Station Store to be locatedat 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: A revised landscaping plan showing landscaping along the English Street and Highway 36 sides of the site. Also, the applicant shall move the three Colorado BlueSpruce that were proposed on the south side of Cope Avenue onto the site. The landscaping plan shall also meet or exceed tree- replacement requirements.The site shall have in-ground irrigation provided. A revised site plan providing for all customer parking spaces to be 10 feet wide. There must be a total of 35 parking spaces. Parking spaces designated for employees may be nine feet wide and shall be signed as such. Handicap- accessible parking spaces shall comply with ADA, American’s With Disabilities Act requirements. A revised building elevation plan indicating that only the north side of the building and the northerly, highway-frontage freestanding sign, shallhave the blue LED accent light bands applied.All lighting fixtures on the under-side of the fuel island canopy shall be recessed so their lenses do not drop beneath the bottom of the canopy. A revised photometric plan which meets all city lighting requirements. An irrevocable letter of credit or cash escrow for all required landscaping. The amount shall be 150 percent of the cost of the work.The city shall hold this escrow until it has been shown that the landscaping has survived one full growing season. A plan to either paint roof-top mechanical equipment or to possibly screen it, as code requires, from nearby homes. c.Signage on the property is not part of the design review approval. The applicant shall apply for sign permits to be reviewed by staff. d.Comply with all requirements of the engineering report dated May 5, 2014. e.All work shall follow the approved plansand these conditions.Staff may approve minor changes. 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 CUPApproval 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, addingoil 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. Recordsof 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 thefollowing 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, orderly and 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 applicant’s materials were considered complete on 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\1285 Cope Ave CDRB Report #2 05 27 14 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 MEMORANDUM TO: Charles Ahl, City Manager FROM: Tom Ekstrand, Senior Planner Melinda Coleman, Assistant City Manager DATE: May 19, 2014 SUBJECT: Approval of Design Plans for the Proposed Baby Zone Child Daycare at 2146 White Bear Avenue Introduction Stephen Linn, of the Linn Companies, is proposing to renovate the building exterior and site of the former Hostess Bakery building at 2146 White Bear Avenue. Mr. Linn proposes to remodel the building and site for a new tenant, the Baby Zone, to be relocated from its current location at 1285 Cope Avenue. This current location for Baby Zone is proposed to be demolished for the construction of a new Holiday Station Storealso proposed by Mr. Linn. The proposed renovationsfor 2146 White Bear Avenue are: Architectural upgrades to the building exterior, such as: a newstanding seam roof over the old asphalt shingles; new trim accents; awnings over the rear doors; adding accentbanding on the brick exterior and new archway entrance details by front entrances. A new trash enclosure. Clean-up of the parking lot and restriping with handicap-accessible parking spaces. Background This building started out as a Thom McAn Shoe Store in the 1960’s and has continued to be used for retail purposes. Most recently, it was occupied with a Hostess Bakery Outlet Store. Discussion Building Design The proposed changes are attractive and will greatly enhance this property.The proposed trash enclosure will be compatible with the building in color and design. It is proposed to be built of decorative masonry with a similar brick pattern to match the building. Site Changes The site will be cleaned-up with landscaping improvements made. A needed improvement will also be the construction of a trash enclosure which the site has been lacking. Landscaping The applicant proposes to create two new parking lot islands to define the ends of parking rows. These islands would be planted with trees and shrubs. Old tree growth would be removed. There are four old evergreens on the site that have been topped and are not in good aesthetic condition. These trees are old and beyond their usefulness. The applicant proposes to plant five trees on site which would replace the four to be removed. The proposed landscaping would clean up the site and allow for a fresher landscaped appearance. Signs The applicant is proposing to modifythe existing pylon sign. The modified sign would be reduced in height from 22 to 17 feet and reduced in area from 48 square feet to 24 square feet. Tenant signs on the building would be over the front entrances and on the north elevation. Signage is not part of this review, but they appear to comply with the code. The applicant should apply for sign permits to staff for the sign installations. White Bear Avenue Sidewalk Extension Whenever site development occurs, or in this case a remodeling or renovation, the city strives to extend sidewalks werethey are needed. Staff recommends that the applicant provide a sidewalk along the White Bear Avenue right-of-way as there is to the north and south. This sidewalk construction should be in compliance with the requirements of the city engineer and RamseyCounty as this would be within their right-of-way. Staff would like to see sidewalk continued in front of the lot to the south as well. However, the applicant may not necessarily be buying this lot, and even if so, it is not part of the proposed site tobe renovated. A sidewalk in front of this lot will need to be addressed at a later time when that site would be proposed for development. Handicap-Accessible Parking Spaces The applicant is proposing to put in two handicap-accessible parking spaces across the parking lot to the north. The building officialadvised staff that handicap-accessible spaces must be in the most accessible locations. The parking plan should be revised to place these spaces along the front sidewalk with appropriate ramping for pedestrian and wheel chair accessibility. Department Comments Building Official They will also need to meet accessibility requirements. This includes complying with handicap- accessible parking requirements. Assistant Fire Chief Butch Gervais, assistant fire chief, commented that they would need to have fire protection in the building, afire lockboxandthe fire protection needs to be monitored. All proper permits will be required and follow current state and local codes. Engineer Refer to the engineering report from Jon Jarosch, staff engineer.The applicant would need to comply with Mr. Jarosch’sconditions as stated in his report. Police Chief Paul Schnell has no issues with the proposal. Budget Impact None. Recommendation Approve the plans date-stampedMay 15, 2014 for the proposed building, site and landscaping renovations to 2146 White Bear Avenue.Approval is subject to the following conditions: 1.Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated.Staff may approve minor changes to these plans. 2.The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated May 14, 2014. 3.The site plan shall be revised to include the following for staff approval: a.A sidewalk along the White Bear Avenue frontage subject to the city engineer’s and the Ramsey County traffic engineer’s approval. b.Relocation of the handicap-accessible parking spaces to place them along the front sidewalk with the appropriate ramping and cross-hatched loading space provided. 4.The applicant shall provide an irrevocable letter of credit or cash escrow in theamount of 150 percent of the cost of installing the landscaping, before getting a building permit. Reference Information Site Description Site size: .6acres Existing land use: The former Hostess store, now vacant Surrounding Land Uses North:County Road Band CVS Pharmacy South:A vacant lot and the Maplewood Community Center West:White Bear Avenue and single dwellings East:Maplewood Parks Maintenance Building Planning Land Use Plan designation: C(commercial) Zoning: BC (business commercial) Application Date The application for this request was considered complete on May 15, 2014. State law requires that the city decide on these applications within 60 days. The deadline for city council action on this proposal is July14,2014. Attachments 1.Location Map 2.Land Use Plan Map 3.ZoningMap 4.Applicant’s Letter dated May 6, 2014 5.Site Plan 6.Building Design Plan 7.Engineer’s Report dated May 14, 2014 8.Plans date-stamped May 15, 2014(separate attachment) p:sec14\Baby Zone (former Hostess) 2146 WBAvenue\Baby Zone CDRB Report 5 14 te Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 6 Attachment 7 Attachment 7