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HomeMy WebLinkAbout2014-05-20 PC Minutes May 20, 2014 Planning Commission Meeting Minutes 1 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 20, 2014 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Chairperson Desai. 2. ROLL CALL Paul Arbuckle, Commissioner Present at 7:03 Al Bierbaum, Commissioner Present Tushar Desai, Chairperson Present Yaya Diatta, Commissioner Absent John Donofrio, Commissioner Present Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Donn Lindstrom, Commissioner Present Dale Trippler, Commissioner Present Staff Present: Tom Ekstrand, Senior Planner 3. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda as submitted. Seconded by Commissioner Kempe. Ayes – All The motion passed. 4. APPROVAL OF MINUTES Commissioner Trippler moved to approve the May 6, 2014, PC minutes as submitted. Seconded by Commissioner Ige. Ayes – Commissioner’s Donofrio, Ige, Kempe, Lindstrom & Trippler Abstentions –Chairperson Desai & Commissioner Bierbaum The motion passed. 5. PUBLIC HEARING a. 7:00 p.m. or later: Approval of a Conditional Use Permit for Used Car Sales at the Maplewood Office Park, 1705 Cope Avenue i. Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii. The applicant, Dennis Newcomb, 4 Seasons Auto Sales, 1705 Cope Avenue addressed and answered questions of the commission. May 20, 2014 Planning Commission Meeting Minutes 2iii. Employee, Jim Long, 4 Seasons Auto Sales, 1705 Cope Avenue, addressed and answered questions of the commission. Chairperson Desai opened the public hearing. 1. Shelly Larson, Maplewood resident 1713 Lark Avenue, addressed the commission. Ms. Larson is opposed to the proposal. 2. Joe O’Brien, Maplewood resident 1706 Lark Avenue, addressed the commission. Mr. O’Brien is opposed to the proposal. Chairperson Desai closed the public hearing. Commissioner Trippler moved to 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: (additions to the motion are underlined and in bold) 1. All construction shall follow the site plan date-stamped April 14, 2014, 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 ten cars for sale at any one time. 7. Hours of operation shall be Monday – Friday 10 a.m. – 7 p.m., Saturday 10 a.m. – 6 p.m. and closed on Sunday. Seconded by Commissioner Lindstrom. Ayes – Chairperson Desai, Commissioner’s Donofrio, Ige, Kempe, Lindstrom & Trippler Nay – Commissioner Bierbaum May 20, 2014 Planning Commission Meeting Minutes 3Commissioner Bierbaum voted Nay because he is concerned that the owner hasn’t cleaned up the property very well and the applicant has broken the city rules by putting cars on the lot before the city council has even reviewed the proposal yet. The motion passed. 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 Revision with Reduced Building Proximity to a Residential District 2) Approval of a Resolution for Building and Parking Lot Setback Variances i. Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii. CFO of Linn Companies, Steven Linn, Representing the Holiday Station Store, 1285 Cope Avenue East, addressed and answered questions of the commission. Chairperson Desai opened the public hearing. 1. Ann Clelland, 1308 Cope Avenue, Maplewood, has concerns about late night early morning deliveries, having a 24-hour operation, and traffic concerns, she is mostly opposed to the proposal. 2. Richard Rydeen, 2240 English Street, Maplewood, has concerns about the traffic in the area and the lights. 3. Joe O’Brien, 1706 Lark Avenue, Maplewood, approves the proposal but has concerns about the traffic and traffic flow, and number of sales between 7 am – 8:30 a.m., and the neon lighting is a concern for him, and he would like ask for it to be built using union labor to work on the proposal. 4. Mary Jo Cocharella, Owner of Baby Zone which is hoping to be relocated at the Hostess Discount Bakery location, Ms. Cocharella approves the proposal. If the proposal does not go through she has a 2 year lease at this location. 5. Dick Hanson, Cottage Grove, knows the owners of the Holiday Station and spoke about his experience living in the neighborhood of the Cottage Grove Holiday Station Store that was built. He said he would be concerned about traffic flow in the area. He likes having his station being open 24 hours a day. It’s safer to have the business operating 24 hours a day; he also stated it’s nicer to have a car wash building attached to the building rather than having it a separate building. He said the neighbors could plant trees on their property to block the view of the station but planting trees on the holiday station property is a security concern. 6. Staff read an email aloud from Tom Shock, 1276 Cope Court, Maplewood. 7. Marv Cocharella, his daughter is Mary Jo Cocharella, owner of Baby Zone. He approves the proposal. The proposal is much better than what is there currently, it will improve the neighborhood. Chairperson Desai closed the public hearing. Commissioner Trippler suggested some wording changes in the design review recommendations. Staff said those corrections would be made to the report for the design review boards consideration. Commissioner Bierbaum moved to approve 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. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): May 20, 2014 Planning Commission Meeting Minutes 4a. Adherence to the site plan, dated May 27, 1988 April 25, 2014, unless a change is approved by the City’s Community Design Review Board City Council. b. The right-turn lane proposed along English Street shall be subject to the City Engineer’s and MnDOT’s approval. c. The applicant shall restripe repair any disturbances to the sidewalk and curbs along English Street and Cope Avenue, and widen it if necessary, to provide a left turn lane for west bound Highway 36, subject to the MnDOT’s and the City Engineer’s approval. d. The landscape plan shall be revised for Community Design Review Board staff’s approval showing: 1) 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. 2) A thick screen of evergreen plantings shall be provided, maintained and replaced when necessary on top of the berms to block headlight glare, to meet the requirements of Section 36-27-44-19 of the City code. 3) Trees shall also be planted on top of the berms. A wrought-iron fence along 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. The upper floor uses, facing Cope Avenue, shall not be open between 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 be limited to the hours of 6 a.m. through 11 p.m. g. There shall be no temporary or permanent outside storage or sales, 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. Commissioner Bierbaum moved to approve 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). These variance approvals are based 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. May 20, 2014 Planning Commission Meeting Minutes 5c. 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 station setback 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. Seconded by Commissioner Ige. Ayes – Chairperson Desai, Commissioner’s Arbuckle, Bierbaum, Donofrio, Ige, & Lindstrom Nays – Commissioner’s Kempe & Trippler The motion passed. Commissioner’s Kempe and Trippler said he voted nay because of the request to operate 24 hours. This goes to the city council on June 9, 2014. 6. NEW BUSINESS None. 7. UNFINISHED BUSINESS None. 8. VISITOR PRESENTATIONS None. 9. COMMISSION PRESENTATIONS a. Commission presentation for the May 12, 2014, city council meeting. Commissioner Desai was scheduled 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 Rd N. and the shoreland setback request for 2843 Meadowlark Lane, which were approved. b. Commission representation for the May 26, 2014, city council meeting. Commissioner Arbuckle was scheduled to attend but the council meeting falls on Memorial Day and the meeting is cancelled. c. Commission representation for the June 9, 2014, city council meeting. Commissioner Diatta is scheduled to attend, staff will present in his absence. Items to be reviewed are the Just Rita’s Home Occupation at 2139 Edgerton St. and reconsideration of an ordinance amendment requested by U-Haul to allow indoor warehousing in a BC district, CUP for Used Car Sales at Maplewood Office Park, 1705 Cope Ave. and the Holiday Station Store request for CUP Revision and Request for Building and Parking Lot Setback Variances at 1285 Cope Avenue. 10. STAFF PRESENTATIONS None. May 20, 2014 Planning Commission Meeting Minutes 611. ADJOURNMENT Chairperson Desai adjourned the meeting at 9:32 p.m.