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HomeMy WebLinkAbout8/6/1990 q6644E • MAPLEWOOD PLANNING COMMISSION August 6, 1990 7:30 P.M. 1830 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 1. Call to Order 2. Roll Call 3. Approval of Minutes: July 16, 1990 4. Approval of Agenda 5. Public Hearings: a. 7:30 p.m., Plan Amendment and Rezonings: Highway 61, Beam Ave. to Co. Rd. D - CANCELLED b. 7:50 p.m., 2708 Minnehaha Ave. (McDonald's Restaurant) Plan Amendment Rezoning • 6. New Business a. PUD Revision & Renewal: 2696 -2730 Hazelwood Ave. (1st Evangelical Free Church) b. 2168 White Bear Ave. (Fina Oil & Chemical Co.) Conditional Use Permit Easement Vacation c. Conditional Use Permit Renewal & Revision (Cope Ave. & English St.) d. Code Amendment: RE District 7. Visitor Presentations 8. Commission Presentations a. Council Meeting: July 23 b. Representative for the August 13 Council Meeting: Roger Anitzberger 9. Staff Presentations 10. Adjournment • MINUTES OF THE MAPLEWOOD PLANNING COMMISSION • 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA JULY 16, 1990 1. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner Roger Anitzberger Present Commissioner Lester Axdahl Absent Commissioner Richard Barrett Present (at 7:42 p.m.) Commissioner Robert Cardinal Present Commissioner Sue Fiola Absent Commissioner Lorraine Fischer Present Commissioner Gary Gerke Absent Commissioner Dennis Larson Present Commissioner William Rossbach Present Commissioner Marvin Sigmundik Present Commissioner Brian Sinn Present 3. APPROVAL OF MINUTES a. June 18, 1990 • Commissioner Sigmundik moved approval of the minutes of June 18, 1990, as submitted. Commissioner Cardinal seconded Ayes -- Anitzberger, Cardinal, Fischer, Larson, Rossbach, Sigmundik, Sinn 4. APPROVAL OF AGENDA Commissioner Anitzberger moved approval of the agenda as submitted. Commissioner Rossbach seconded Ayes -- Anitzberger, Cardinal, Fischer, Larson, Rossbach, Sigmundik, Sinn 5. NEW BUSINESS a. Presentation: Ralph Sletten Former commissioner Ralph Sletten was presented a plaque for his service on the Planning Commission. • . Planning Commission - 2 - Minutes 7 -16 -90 b. Home Occupation License: 2345 Maryland Avenue (Wykoff) Ken Roberts, Associate Planner, presented the staff report for this requested home occupation license to operate an art studio in the basement of this home. The commissioners discussed the zonings in the area. John Wykoff explained his request for the home occupation. Mr. Wykoff said the home occupation requested for 2345 Maryland Avenue is his parents house, but if this home occupation request is approved he will be moving there after he sells his present home. Commissioner Cardinal moved the Planning Commission recommend approval of a home occupation license for John G. Wykoff to operate an art studio at 2345 Maryland Avenue. Approval is subject to Mr. Wykoff meeting the following conditions: 1. Compliance with the City's home occupation • licensing requirements. 2. No storage of flammable liquids in the basement. 3. Storage of waste materials in tight- fitting metal containers. 4. The installation of smoke detectors on each level of the home. 5. The installation of one, 2A -10BC fire extinguisher in the work area of the home. Commissioner Sigmundik seconded Ayes -- Anitzberger, Barrett, Cardinal, Fischer, Larson, Rossbach, Sigmundik, Sinn The motion passed. c. Conditional Use Permit: 2720 Maplewood Dr. (Yankovec) Secretary Olson presented the staff report for this requested conditional use permit to sell used cars. • Mr. Yankovec spoke regarding his request. Planning Commission -3- Minutes 7 -16 -90 Commissioner Cardinal moved the Planning Commission recommend approval of the resolution approving a conditional use permit for one year to allow the operation of an appointment -only used -car sales business at 2720 Maplewood Drive. Approval is subject to the following conditions: 1. Obtaining a license to sell used cars. 2. Cars for sale shall only be brought to the site for a specific buyer. There shall be no more than two cars for sale at any one time. 3. The eleven spaces in front shall be striped and shall include one 12- foot -wide handicap and ten ten - foot -wide spaces. Commissioner Anitzberger seconded Commissioner Fischer moved to amend item 2 of this motion as follows: 2. Cars for sale shall only be brought to the site for a specific buyer. There shall be no more than two cars for sale on the site at any one time. Commissioner Anitzberger seconded The motion was then voted on Ayes -- Anitzberger, Barrett, Cardinal, Fischer, Larson, Rossbach, Sigmundik, Sinn The motion passed. d. Preliminary Plat Revision: Torgerson Addition Secretary Olson presented the staff report for a revision of a condition of preliminary plat approval for the Torgerson Addition. The commissioners discussed with staff the history of this property. The applicant Donald Torgerson, 1822 Desoto Street, spoke regarding the history of this property. Mr. Torgerson said the past actions of the City of Maplewood have landlocked his property leaving him unable to get a reasonable use of the property. 4 Planning Commission -4- Minutes 7 -16 -90 John Torgerson, the applicant's son, asked staff to explain the City Council's required conditions of preliminary plat approval for the Torgerson Addition. Commissioner Cardinal moved the Planning Commission recommend approval of the request of Donald Torgerson. The City would then have to pay the legal costs of the condemnation. The motion died for lack of a second. Commissioner Rossbach moved the Planning Commission take no action. The developer would then have to pay all the costs. Commissioner Anitzberger seconded Commissioner Rossbach amended the motion to include: The Planning Commission is taking no action because this is strictly a monetary matter and does not fall under the Planning Commission's expertise. Commissioner Anitzberger seconded 110 Commissioner Larson suggested that, since the City and the developer disagree on the cost of acquiring the land, further negotiations and appraisals be considered. The motion was then voted on. Ayes-- Anitzberger,. Barrett, Fischer, Larson, Rossbach, Sigmundik, Sinn Nays -- Cardinal The motion passed. e. Street Vacation: Eldridge Avenue Ken Roberts, Associate Planner, presented the staff report for the proposed vacation of two portions of Eldridge Avenue, between Hazelwood Street and Prosperity Road. Commissioner Rossbach asked staff to explain where pipelines run in this area. Planning Commission -5- Minutes 7 -16 -90 Commissioner Rossbach moved the Planning Commission adopt the resolution to vacate two portions of the Eldridge Avenue right -of -way. These are between Hazelwood Street and Barclay Street. This vacation should be approved because: 1. It is in the public interest. 2. There is no need for a public street in this location. 3. The adjoining properties have adequate street access. 4. The adjoining property owners have no interest in having the street constructed. 5. It has been the City's policy to vacate unused rights -of -way whenever possible. This vacation should be subject to the retention of an easement for drainage and utilities over the entire • right -of -way. Commissioner Sigmundik seconded Ayes -- Anitzberger, Barrett, Cardinal, Fischer, Larson, Rossbach, Sigmundik, Sinn The motion passed. 6. VISITOR PRESENTATIONS 7. COMMISSION PRESENTATIONS a. Council Meeting: June 25 and July 9 Secretary Olson reported on the June 25 meeting. Secretary Olson and Commissioner Fischer both reported on the July 9 meeting. b. Representative for the July 23 Council Meeting: Dennis Larson 8. STAFF PRESENTATIONS 9. ADJOURNMENT Meeting adjourned at 9:12 p.m. • MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Plan Amendment and Rezoning LOCATION: 2708 Minnehaha Avenue APPLICANT: McDonald's Corporation DATE: July 31, 1990 SUMMARY INTRODUCTION Requests The McDonald's Corporation is requesting the following for the adjacent property to the west (2708 Minnehaha Avenue): 1. A Comprehensive Plan amendment from RH (high density residential) to SC (service commercial.) 2. A rezoning from R -1 (single- dwelling residential) to BC (business commercial.) Description of the Project • McDonald's is proposing to expand their parking lot by adding 26 spaces and associated lighting. (See the letter on page 14 and the proposed site plan on page 11. The Council should note that City Code would require a twenty -foot setback from the west property line.) Reason For the Request McDonald's is proposing to expand their parking lot onto the abutting property. This is because they expect an increase in business at the restaurant. The parking lot expansion requires commercial land use and zoning designations. BACKGROUND Raymond Muckala, of Maplewood Auto Service, made a similar request for another lot in this area in May of 1987. He proposed rezoning a 76- foot -wide lot north of the A & W restaurant on Century Avenue from LBC (limited business commercial) to BC. Mr. Muckala was proposing to expand his parking lot to this vacant parcel. This request also required City approval of a conditional use permit. Staff recommended denial of this request because it would have removed the buffer between the adjacent single dwellings and the BC property to the south. Mr. Muckala then dropped his request. • STANDARDS FOR APPROVAL Comprehensive Plan Amendment There are no specific findings required for an amendment to the Comprehensive Plan. I use the following criteria: 1. The amendment would be consistent with the goals and policies in the Comprehensive Plan. 2. The proposed classification should be at least as compatible with the planned surrounding land uses as the current land use classification. Compatibility should consider traffic, the environment, noise, odors and property values. 3. The public should benefit from the change. 4. The planned use should be the use that maximizes the property value, while having a minimal negative effect on the surrounding area. Rezoning City Code gives the following standards for approving a rezoning: 1. The rezoning should be consistent with the purposes of the zoning ordinance. They are to: a. Reduce traffic congestion. b. Improve safety from fire and other dangers. c. Provide adequate light and open space. d. Avoid overcrowding. e. Conserve property values. 2. The rezoning should not injure or detract from the use of neighboring property or from the character of the neighborhood. 3. There should be adequate public facilities, such as streets, sewers, water lines, schools and parks. ALTERNATIVES There are several alternatives to consider for this property: 1. McDonald's request of the SC land use designation and BC zoning. Rezoning the site to BC may allow more intense development in the future. McDonald's may decide not to expand their lot and sell it to another business. The expansion of the Century Center to the west along the south property line is one possibility. 2. Change the land use plan to LSC (limited service commercial) 411 and the zoning to LBC (limited business commercial) for the 2 4 411 parking lot area only. This would also require a conditional use permit. Rezoning to an LBC zone would resolve the problem of alternative one. The conditional use permit would give the City more control over the use of the site. The LBC zone would only allow offices. 3. Keep the RH (high- density residential) land use designation. A developer could build a maximum of twelve residential units on this site. A typical site plan is shown on page 12. Note that the parking lot would be about the same size as the expansion proposed by McDonalds. The apartment lot would, however, come closer to the homes to the south because of the area needed for the building. The poor soils in the rear of this lot may make this alternative unfeasible. 4. Change the land use plan to RM (medium density residential). This alternative is similar to alternative three, but would allow up to five residential units. A typical site plan is shown on page 13. It is probably not economically feasible for a developer to buy the home and build only 4 -5 units. DISCUSSION Expanding the parking lot would not be in the public interest. While parking is limited at the McDonald's site, it is not causing a public problem, such as traffic congestion on the streets. I visited the restaurant during three different lunch hours and found there was never fewer than six empty parking spaces. The City Council may want to reconsider the parking lot expansion if parking problems develop in the future. The parking lot expansion would bring commercial traffic, noise and lights closer to the residential area. The existing home has a large setback and is screened from the parking lot with trees and a fence. It is not economically feasible for a developer to purchase the existing house and put up 4 -5 residential units. A developer may be able to justify putting up 12 residential units, as the City has planned. The rear of the lot, however, has poor soils that may make it too costly to develop. If the Council denies the application, the lot will probably remain single - family residential. RECOMMENDATIONS 1. Deny the requested plan amendment for the property at 2708 Minnehaha Avenue. This denial is based on the following: a. The applicant has not shown a public need for the change. 411 b. The parking lot expansion would bring commercial traffic, noise and lights closer to the residential area. 3 411 2. Deny the rezoning on the basis that: a. It does not meet the findings required by Code for approval. b. It is not consistent with the City's Comprehensive Plan. 411 4 411 CITIZEN COMMENTS Staff mailed surveys to the 21 property owners within 350 feet for their comments about this proposal. Of the 10 replies, 2 were in favor, 2 had no comment and 6 objected. In Favor 1. I am aware of the need for additional parking. (Elton - 2685 Minnehaha) 2. It would be OK with us if McDonald's developed the lot under these conditions: - No big, ugly signs be erected in lot. - Trash dumpsters be enclosed in a fenced or walled off area out of sight and well maintained. - No excessive noise created from this lot. We are concerned about commercial property getting closer and closer to our peaceful property as we know it today. Please be careful and make smart decisions. (Cicha's - 2687 Margaret Avenue) In Opposition 1. I don't like to see McDonald's expand their parking lot at all. If they do, there should be a privacy fence on the west side of that lot. (Kringle - 2688 Minnehaha) 2. Increased traffic - Minnehaha is busy enough and we have small children. McDonald's parking lot is never full. Why expand now? The businesses in that section (Century Center) are never busy. So why more parking? Who wants to look at more blacktop. Let's put a park there. (Dubak - 2697 Minnehaha) 3. We feel that it will invade our privacy - cause harassment to our pets and that our yard will become littered and used as a "shortcut" through the area. (Call - 2707 Margaret) 4. See the letter on page 15. 5. See the letter on page 16. 5 411, REFERENCE INFORMATION SITE DESCRIPTION Site size: 102 x 300 (30,600 square feet - 0.7 acre) Existing Land Use: A single - family home. SURROUNDING LAND USES Northerly: A single - family home and the Maplewood Auto Service Center across Minnehaha Avenue. Southerly: A single - family home on Margaret Avenue. Easterly: The McDonald's Restaurant and parking lot. Westerly: A four -unit apartment building. PLANNING Land Use Plan Definitions Medium Density Residential (RM) - "This classification is designated for such housing types as single - family houses on small lots, two - family homes, townhouses, and mobile homes. The maximum population density is 22 people per net acre" (page 18 -30). High Density Residential (RH) - "This classification is designated for such housing types as apartments, two - family homes, townhouses, nursing homes, dormatories or elderly housing. The maximum population density is 34 people per net acre" (page 18 -30). Limited Service Commercial Centers (LSC) - Limited Service Centers are defined as those providing specialized commercial services on a neighborhood scale, limited as to quantity, location or function, and planned in a quality environment. The community must restrict these centers because of the effect on surrounding properties, yet provide convenience to the citizens with high standards of safety, amenities and aesthetics (p. 18 -17). The limited service commercial center classification refers to commercial facilities on a neighborhood scale. Heavy industrial uses, department stores, motels, auto accessory stores, etc., would be prohibited. Other land uses of a medium intensity nature, such as gas sales with no vehicle repair or maintenance and no more than two fuel pumps on a single island to serve up to four vehicles at one time, may be permitted subject to meeting certain performance standards as defined in the zoning code (p. 18 -31). 110 6 411 Service Commercial Centers (BC): This commercial classification is orientated to facilities which are local or community -wide scale. While a full range of commercial uses are permitted in this district, certain types of facilities which may be of high - intensity nature, such as fast food restaurants, discount sales outlets, gas stations, and light industrial uses, should be permitted subject to specific performance guidelines. The objective of establishing this district is to provide for a wide variety of commercial uses, compatible with the character and development of the neighborhoods in which they are located (p. 18 -31). Zoning Definitions Existing zoning: R -1 (Single - Dwelling Residential) which allows single - family dwellings, public parks and home occupations. Golf courses and the storage of commercial vehicles are permitted with a conditional use permit. R -3 (Multiple - Dwelling Residential) which allows double and multiple dwellings, public parks and home occupations. Nursing homes, golf courses and the storage of commercial vehicles are permitted with a conditional use permit. LBC (Limited Business Commercial) which allows offices, medical or health clinics and day care centers. BC (Business and Commercial) which allows a wide variety of uses including hotels and motels, retail stores, restaurants, offices, banks, automobile sales lots, and theaters. Places of amusement or recreation, storage yards, used car lots and metal storage buildings are permitted with a conditional use permit. Policy criteria from the plan: - Page 18 -2: Zoning maps should be updated, as necessary, to make both the land use maps and zoning maps compatible. - Page 18 -5: Transitions between distinctly differing types of land uses shall be accomplished in an orderly fashion which does not create a negative impact on adjoining developments. TEMAC (Section 36) Attachments 1. Location Map 2. Beaver Lake Land Use Plan 3. Property Line /Zoning Map 4. Site Plan 5. Concept Site Plan for 12 -unit apartment 6. Concept Site Plan for 4 -unit apartment 7. McDonald's letter of justification 8. Letter from John Dicker 9. Letter from Jerome Erickson 7 1 - % i _AS[ AV -• _ r TER A` ® ©o e BRAVO 4 . LA AV W s x ;.; • v 4, SE NTH ST E .. Cinfor E. -- AI . I, ST ' 0 r II9 _ v ..::::: ,,, u w BUSH J W 2 i ii MINNEHAHA X 3 AV El ::• A - M Ra P' i 0 U P��� • / so ..............• E FIFTH ST ::::. l *4 „ ':' 265 r- 3� s i 1 1 O C J ! --?/11" � 1 .4 - = FREM - pir AV fr }L CCINVOY 2 , um . 4 .. 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MARGARET AV E. � 1- :,9,,: -... j j — T • ; -' • t n' . . 1t7' '1. 269': - -- - - -- :7 o - -- 1 f J 1 ti s I I 1 NI ,w1 J PROPERTY LI.NE / ZONING MAP • • N i .. 10 Attachment 3 • • • • FRopo 9Ara,Khu It L o r- O o xP *a f / ..mip --- a . — 11 1 , "A - —.. •P : 1 j r . s - a Q = _ j ■ L r = r .. �� is � ei I r � + j .1 1 12: .. . :COM us 1,/f! i 6 ig arlik Val C.) • .. ii • 1 aim Af 4 . , A, • ,...i, : . IRrii :. ° ti = � • ill w . I a � i il ii t il ," a M a w_ s x N • W 1 0-/72. ?roe. c.. ca,-.4.?E'g... i 11111 . SITE PLAN N 1 11 Attachment 4 1 o■l N E H A x • N Sol ► ►2 F 0 • — F3 . • �1 1 SITE MAP (STAFF CONCEPT) N 12 Attachment 5 :/ 4 . (0?. so, —` .....1, — — — 6 E - 7 - q L /tJE 54' I/ -PLEX I i , 1 11 1 1 1 V 0 1. , J 1 1 SITE MAP (STAFF CONCEPT) 0 N 13 Attachment 6 McDonald's Corporation 1650 West 82nd Street, Suite 900 I \/\ cDonald$ B loomington, Minnesota 55431 -9888 a City of Maplewood Rezoning Application Statement of Purpose: Current Use The current use of the property is as a single family residence that is directly adjacent to existing commercial and retail. Intended Use The proposed use is to expand the parking facilities for the existing McDonald's restaurant and possibly the existing retail center. There is open land to the South of the subject property and a multiple family unit to the West of the subject site. The parking lot would be built in accordance with the applicable setbacks, screening, landscaping and other specifications as per the City Code. Benefits This project can enhance the area as follows: 1. Create a more conducive environment to provide neighborhood goods and services to residents in the coitmrnity. 2. Provide better traffic flow on site. 3. The project is in accord with the long -range plans to ensure the viability of one of the City's prime commercial nodes. 1334R 14 Attachment 7 0...,...As , Pe asi t. /e /p� 1� C(1/ 'e,(J'a/i o /! 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S ..� S a /7 A,pl C� �7 pP�t�3 f i, �✓ e- J CC' /4 �"'il,r,P74�ra /zC i � �a � C ' ye `� / /�tS: n Pve2 744 /..m- L / f �� Q/ : e /C elf. (4 re_ t fi47 , �. a.i (1 o 7C .� 4-1" 1 , -t �C u.Fs e-R a f? 4 �a�� f / dam A", b 'k.lS{�c a oft �je 4 /� /» c tc r �_ d R e r c. " �, IP i i; ti R. iC ' . 75/3 1.74y1,// l c' P14/7/e. w0 e -ri j , 5r 1 5 At tachment 8 I am in favor of this proposal. because I have no comment. )( I Viiiiej._ e ct to t is proposal becauseX %,„4„4. ., • � , t �,,e�a ?-_ Lo �) P e� • . • If you object, .describe below or draw on the enclosed map any changes,that would make this project acceptable. If,no changes would make it acceptable, how sho ld this property b- developed? �,.. }..71. 1. 0 . ' ,, .?I*l, _ _ _-�!�:�1'E! e v. (Proje g Use reverse sibs• if more room is needed. , ,/kAiAlk„c4. 'A-0%/J Cam`- . rid / • L-L) 30\k4 4 ciL-A-" =tom ,,,v, 4 1-A-JA-1/4&-e ..(24.),"„A c.94.4.4.44±;:o„ , x ,44 - r'••-r-' p 0-"411 — cu , o a-- h✓ p--(20.4/ . 1 . .c• .-19, 1 - r-kivn 01,412.d- - cQ. ./ tir4 CLek. 6 1Zuaao-p-ILL •t.""-4. .1LA-J_A - 0670 m /NWeHA/1 16 Attachment 9 RI MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Planned Unit Development Revision and Renewal LOCATION: 2696 -2730 Hazelwood Avenue 'APPLICANT: First Evangelical Free Church DATE: July 13, 1990 SUMMARY INTRODUCTION Reauest 1. The First Evangelical Free Church is requesting that the City Council revise the conditional use permit for the planned unit development (PUD) at 2696 Hazelwood Avenue. They would like to remodel the building for a church and day -care center. Health East uses this building for office and wellness functions related to St. Johns Hospital and a day care center. This site is part of a larger PUD which includes the Hazel Ridge Seniors' Residence. The church will apply for detailed plan approval if the Council approves the conditional use permit. 2. Staff is proposing to renew the conditional use permit for the overall PUD, which comes due in October. This will save time in October. Description of the Project The Church would use this building for church programs such as Sunday school, youth activities, church dinners, administration and day care. Eventually, they would expand the existing parking lot and add a looped drive and parking for day care drop -off. The church also plans to add a new sanctuary and expand the gymnasium on the west side of the building in the future. The sanctuary would initially seat up to 750 people with possible expansion up to 1,000 seats. A new front entry would tie the additions and existing building together. The sanctuary and parking lot expansion would probably not occur for at least three years. (Refer to the architect's letter on page 11 and the drawings on pages 8 - 10.) APPROVAL STANDARDS A conditional use permit must meet the nine findings in the resolution on pages 12 - 13. DISCUSSION The church would meet all the findings for a conditional use permit. • I have revised the PUD conditions to replace the Health Resources use with the church. I have also dropped the conditions that have been met. RECOMMENDATION Approve the resolution on page 12. This resolution revises and extends the time for the conditional use permit for the planned unit development at 2696 -2730 Hazelwood Avenue. The revision replaces the Health Resources uses with the church and day care use. The conditions should be revised as follows (new words are underlined and deleted words are crossed out): 1. All construction must be in accordance with the approved site plan. The Director of Community Development may approve minor chancres. The City Council may approve major changes. 2. This permit shall be subject to review after one year from the date of approval. based on the procedures in City code. (Completed) 111 _ _ (There are no problems with 91% occupancy.) 3. _: _ >_.._. - __ __ - - _... - _ D. The Director of Community Services shall be notified of any proposed development of the ball diamond prior to scheduling use of the softball /tee -ball facilities for an upcoming season. -- _ -- _ __ -- - - __ '- • • • • • (Completed) 411 2 • 6• Tho oito plan on page 10 of the April 30, 1985, otaff report 3 410 REFERENCE INFORMATION CITIZEN COMMENTS Staff surveyed the 25 property owners within 350 feet of the site. Of the fourteen replies, eleven were in favor and three had no comment. Mr. Stone, at 2727 Hazelwood Avenue, particularly likes the drive - through pick -up for the day care. He says, "We have feared for the safety of children at the present day care facility. Everyone seems to park out front when they pick up the children. This is a very busy street at those times and we've observed children run out into the street from between parked cars. We also have the traffic of neighborhood children on bikes being endangered there. Its also been a real nuisance having cars turning around in our drive or chewing up the boulevard in muddy weather by driving on the grass. It would be nice to have no parking from driveway to driveway in front of the building. Its very nerve - wracking coming down the hill of our driveway in icy weather, wondering if you will crash into a parked car." SITE DESCRIPTION Acreage: 6.85 acres 411 Existing use: Health East uses the existing building for offices, meeting rooms and a day care center. This building is part of a larger PUD which includes the Hazel Ridge Seniors Residence to the northeast and a ball field to the southeast. The City uses the ball field for league games. There is a paved parking lot immediately south of the school /office building. There is a 10- foot -wide easement and asphalt path running along the south edge of this property that connects Hazelwood Avenue and Hazelwood Park. Owners: Independent School District 622, Health Resources, Inc. and Hazel Ridge General Partnership SURROUNDING LAND USES North: City drainage pond East: Hazelwood Park South: Single- Family Housing West: Hazelwood Avenue and Single - Family Housing PAST ACTIONS The City Council, on August 7, 1980, approved the use of the former Hazelwood School for community service programs. These programs include home health care, community education, chemical 411 dependency and family counseling and day care. In 1985, Council 4 411 expanded the 1980 permit to include the Hazel Ridge Seniors' Residence. Council granted a one -year time extension in May, 1986, a two -year time extension on September 28, 1987 and a one - year extension on October 23, 1989. PLANNING INFORMATION Land Use Plan Designation: RB (Residential Business) PARRS AND RECREATION - Use of the Ball Field The Church will remove the ball field when they expand the parking lot. The 1985 PUD agreement states that the "Director of Community Services shall be notified of any proposed development of this parcel prior to scheduling use of the softball or tee -ball facilities for an upcoming season." FIRE CODE The Fire Marshal is requiring the installation of sprinklers before Health East can use the lower level of the building. Sprinklers will be a requirement of the entire building before the Church can use the building. The only part of the building with a sprinkler system is the day care center at the north end of the building. go /memol.mem (section 3) Attachments: 1. Location map. 2. Neighborhood land use plan map. 3. Property line and zoning map. 4. Master plan site concept 5. Image view 6. West -east site profile 7. Letter: architect 8. Resolution 4 5 N C3 1 1 p 1 . 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" e ¢ o O PA La �� C d u i (1) muttons s 3T H (1) � AV b m § AV O ® Ahliillawt:* BE .... r- I 3 - J r LOCATION MAP N 6 Attachment 1 REVISED t. 1■11 -00 0 -20 -07 111) 4 -00 -00 0 -! 1 -M S-Ss-ES • *Tait • o� 10•00.00 4 -17 -00 111•011•00 7 -Z 1-00 7-07-50 10.00 -00 • h11sKSA.nO. 10-10-10 Misreken•' . srIeSt041 1,1.,., 004 12 -00 -00 1/6/90 _ =.` V.Anels NelOhts ..............,,..• �— • , ..-- iM I •• . 1 (:::::I.,./1.' B W 1 • RB = • j ---�-� DC _! _ s : OW III .. � i _ .- 1 —_, a or •ell'sl•r� _ ii II • ' 1 . • I. - .ltA, 1 r —. ; -- _ . i -.� - - -- - -- — Willi x101 / - , T - �- . �! 'c • T . M�n�1Er ii- .../ .1 r� _ Yli�w 0 ; rtlsll a 1k 1 v : ; 1 i . I i .r i -% ■■ 0 z tilinalf ;1". I ila .,.. , i I 1 .11 I . '' : . ' for= Ell. :: /lel I IS Ela '4, .1 at,- - r :: __ , _., , ,, , 1 � 1 ,.. . . 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I I g 1 - 9` i I _ . 22 5f, Q Id I 24 f 24 s( a id �� \ �\_, I i - - 1 \ , 1 4 19 24 SPAcGS IV . . 0 ; EAU, 1YM&ONCI • ` � • 2y 5E140, e (01 J M • •• �� • • • • �..., • • t�l� Scams lIN4 5lN4L rfd&I ly RMNDSICTIAL MASTER PLAN SITE CONCEPT iN= ecrdl a� W0er« 1 Architects. i ..• 1 �• di. Station ! c ects.lnc. HOW' 2001 University Avenue Southeast ••1• Minneapolis. Minnesota 55414 • "'" (612) 6231800 DATA•IMT N32323 9 Attachment 4 Op .,,\ it, . -------- V(. 1 ' %‘....;_...._ ) 4 - \ 1 0 -0: ), \ ** ./ITh (P, .) ViliN kki.t.-, _ 7..p , iti , , l o 'ti% 1 , (TO \ qr t ..,0 , I fo li \ .:1 ., 1 fr‘ • • \-." \ .._ 1 ,..--,..40101101 k.0 .,.. \mr. 0 -,,,,,,,, ;\ • . * i \ \\ C4 L--d ' \ \ . th ik `J \\ Y,_ -' / _ , \ r �. A olo •,4 t ( ' 4 ,.,\\ _ dims & , ,C Y * , ' ‘-11 ■ • `‘---)\\ I .1"11 ' le 1. \\ : N ;$'.0 ,, ir 1,. i\ .. 1 \ ' Ii ij II it I S ' .. ....„ ...., __. , .... ,-",------, - 0 ....,,,t,.... , . ' -, ir 11"111111101 . ; 00 al - 041174.‘ WO#P4•A'& . ,‘ ( WI , .° " *V31 ' . .... Alt ----__, ..,,, , - w 47 , „__„ ,, i i_:-, ., \.,.......e ._ r \ 40 - , 00 / � �! i .. 7 AXONOMETRIC-IMAGE VI . ra1Li' \kw--d;',/* • Station 19 Architects, Inc. ...0 "•. L i ° '. • /12; tl f. d • 2001 Unlvetsoty Avenue Southeast °i.• Mifineapoits. M 55414 °i '" (612)623180O c �..�... 10 Attachment 5 GATAMIMT N32323 • yr ,urn Atu ct / my r t9'd r-ikt4 • r 1101 1 1 i III ���` + Ir 1 .� II • 1 .I I 1! 1 f Lr' 1 III ' h� r ; ! I, !101 r ,? .f , � .ii � �l i �I . ' 11 1 11 . � I , I 1 1 I ; II, II, !i, �,. I s ( . I . i ( I 1 1 I I .I ; i i �I �II� 1 1 :t. , 1 t 1 ;11'1' I,11 WEST —EAST SITE PROFILE 1 _80 _v Loowt Nopik • Station 19 Architects. Inc. "•. ' Ni. tIMT 44441.1CkL C4. 2001 University Avenue Southeast °i'• = __ Minneapolis, Minnesota 55414 °i '" (612) 623-1800 ° 11 Attachment 6 " ""' "' "n'�' Geoff Olson, Director of Community Development • City of Maplewood 1830 E. County Road B s T A T 1 o N Maplewood, MN 55109 NINETEEN re: First Evangelical Free Church Hazelwood School Property Dear Mr. Olson: The church is proposing to purchase parcels A & B of the attached plot drawing which includes the existing Hazelwood School now used by Health East for various functions related to Saint Johns Hospital. The existing school building would be used for church programs such as sunday school, youth activities, fellowship, all church dinners, administration and day care. The existing parking lot to the south would be expanded to the east to accommodate the required church parking ordinance of 1 car for every 4 seats in the sanctuary. In a Master Plan Concept as shown on attached drawings, the church proposes to add a new sanctuary on the west side to seat initially 750 and expandable to 1000 seats in the future. A new larger gym would be added also on the west side in the future. • Both of these would be physically linked to the existing school building by a new narthex and front entry. The new use would improve the existing by replacing the parking lot along Hazelwood Avenue with an attractive building of materials to match or blend with the existing and by replacing the south parking lot with a properly landscaped parking lot and landscaped screening between parking and single family residences to the south. The most traffic generated would be on Sunday mornings during usually low traffic counts. Vehicle access to the site would be similar in location to the current driveway. The new use would not create excessive additional costs for public services nor cause adverse environmental effects. The church would request that they be put on the agenda for public hearing on Aug 13 only one week following the planning commission meeting on Aug 6 due to a closing deadline of Aug 15. Thank you for your consideration. Sincerely, STATION NINETEEN /� ARCHITECTS. INC. /( .001 UNIVERSITY AVENUE SOUTHEAST Ray W Geige , AIA MINNEAPOLIS, MINNESOTA 55414 612 623 1800 ARCHITECTS. PLANNERS. INTERIORS FAX 623 0012 1 2 Attachment 7 CONDITIONAL USE PERMIT RESOLUTION 41 1 WHEREAS, First Evangelical Free Church applied for a revision of the conditional use permit for a PUD to convert the Health Resources building at 2696 Hazelwood Avenue for church and - day -care use; WHEREAS, the PUD now includes the 75 -unit, Hazel Ridge Seniors' Residence office and community services programs for day care, health and wellness and community health education; WHEREAS, this permit applies to 2696 and 2730 Hazelwood Avenue. The legal descriptions are: 1. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH N ON SD EL 341.4 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH S 133 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE) IN SEC 3 TN 29 RN 22. 2. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH S ON SD EL 458.6 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH N 667 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE & ESMT) IN SEC 3 TN 29 RN 22. WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on August 6, 1990. They recommended to the City Council that said permit be 2. The City Council held a public hearing on August 13, 1990. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described revision of the conditional use permit. Approval is based on the following reasons: 13 Attachment 8 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 person or property, cause a nuisance to any p p P Y. 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 410 systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction must be in accordance with the approved site plan. The Director of Community Development may approve minor changes. The City Council may approve major changes. 2. This permit shall be subject to review after one year from the date of approval, based on the procedures in City code. • 14 3. The Director of Community Services shall be notified of any proposed development of the ball diamond prior to scheduling use of the softball /tee -ball facilities for an upcoming season. Adopted , 1990. 410 15 111 MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Conditional Use Permit and Easement Vacation LOCATION: 2168 White Bear Avenue APPLICANT: Fina Oil and Chemical Company PROJECT TITLE: Fina Lube DATE: July 31, 1990 SUMMARY INTRODUCTION Request Fina Oil is requesting approval of: 1. A conditional use permit (CUP) for a public garage in a BC (business commercial) district, and 2. Vacation of the southerly 15 feet of a 30- foot -wide utility easement along the north side of the site. Description of the Project • The applicant is proposing to build a lube center north of the existing Finamart car wash. There would be three bays for servicing cars. The lube center would be open from 7 a.m. to 8 p.m. Reason for the Request Code requires a conditional use permit for auto repair or servicing. Fina is requesting the vacation of the utility easement, because the north one foot of the building and the adjacent sidewalk would encroach into the easement. BACKGROUND The City Council approved plans for the existing Finamart on August 22, 1988. Code Requirement Section 36 -151 (2) (i) requires a CUP to operate a public garage in a BC district. Code defines a public garage as a "place for the maintenance or repair of motor vehicles. A motor vehicle installation center shall not be included ". 411 • CRITERIA FOR APPROVAL Conditional Use Permit Section 36 -442 (a) states the standards for approving a conditional use permit. I have included them in the resolution on page 11. Easement Vacation Chapter 412.851 of State law allows the City to vacate any public easement if the vacation is in the public interest. DISCUSSION The proposed lube center meets the standards for approval of a conditional use permit. The proposed vacation of the south half of the utility easement is acceptable. The remaining fifteen feet is enough for servicing the sanitary sewer main along the north lot line. Fina should dedicate a 30- foot -wide utility easement for the future extension of the sanitary sewer from the existing main south to County Road B. The new easement should be along the east side of the site. The City Council will discuss the installation of a sanitary sewer in this location in September. RECOMMENDATION 1. Approve the resolution on page 11 granting a conditional use permit for an automobile lube center at 2168 White Bear Avenue. Approval is based on the standards required by code and is subject to the following conditions: a. All construction must be in accordance with the site plan date - stamped July 10, 1990. The Director of Community Development may approve minor changes. The City Council may approve major changes. b. This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. c. The hours of operation shall be between 6 a.m. and 11 p.m. d. There shall be no outside material storage permitted. All trash kept outside must be stored within the trash enclosure. e. Compliance with the City's motor fuel station ordinance. 2. Approve the resolution on page 13, vacating the southerly 15 feet of the sanitary sewer easement on the Fina Oil property, since: 2 411 a. It is in the public interest. b. The remaining 15 feet of utility easement is still sufficient width for servicing this sanitary sewer main. This vacation is subject to Fine Oil dedicating a 30 -foot -wide public utility easement. This easement shall run from the existing sanitary sewer main, south to County Road B directly east of the developed Finamart site. The dedication shall be made before the partial vacation of the existing easement and shall be subject to the City Engineer's approval. 411 3 411 CITIZENS' COMMENTS Staff surveyed the 36 property owners within 350 feet of the site for their opinions of this request. There were 13 replies. Four were in favor, six had no comment and three were opposed. Miscellaneous Comments ea no objection but re 1. Group Health, Inc. has n oboe requests that the center be maintained in a neat fashion with no outside storage. 2. I'm split on this. No problem with expanding, I'm just concerned over the easement. The applicant should review changes to leave utility easement intact. If not possible Fina should bear all costs of relocating. 3. I am in favor as long as there are stringent guidlines followed to ensure no groundwater contamination occurs. 4. It will service the community and we really don't have anything close to us like that. Objections 411 1. I object because of the current traffic and the current speed limit (which is consistently exceeded.) 2. I object because don't need extra traffic or business. Make homes not apartments. 3. We object because there already is enough traffic pulling on and off White Bear Avenue as it is. As for what to do with the land, we do not know. There is also enough noise daytime and at night. 4 411 REFERENCE INFORMATION SITE INFORMATION Total site area: 1.48 acres Proposed lube center site area: 15,660 square feet Existing land use: Finamart fuel /convenience store and car wash Property owner: Fina Oil and Chemical Company SURROUNDING LAND USES Northerly: A single dwelling on BC -zoned property Southerly: The existing Finamart fuel center Westerly: White Bear Avenue and Group Health Easterly: Undeveloped BC -zoned property owned by Fina Oil PLANNING INFORMATION Land use plan designation: SC (service commercial) Zoning: BC • TEFINA (Section 11) Attachments 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. CUP justification dated July 5, 1990 5. Easement vacation request dated July 12, 1990 6. CUP Resolution 7. Easement Vacation Resolution 5 • NAOATZ . AV • 41 it C(Y + _� 1/1 1 W M4 » K )� M I , �(i• .: POND a 1 (71 S f2, PRIVATE STREET ac.--40 to W KON MAN AV 1 (A/ESSOB/ Ali) o 1 NORTH SAINT PAUL 4 RO ® 1 c co > I "c" t "\ 29N,R22w I 4 15 ] �2 �.1 ' ENILL RD 1° 1" r Q 4 F x N in DE motif AV $ p N RO..: a I Eti . a ►- PI __ MTH M "ANT = in • XTAN T AV • MI 1 11113 GE AIS OE 1 •ERVAJS AV _ CT /� MEW AV W 'a \` WI NO OR Y _`� AV . En Knuck /e Heod Lake COPE • �/f' E A�. 2 Fri i fir' �� h I -II an h �r a Id 'JRST c i ... , ( 25 • Et AV o y� �, ,J, d � a .1 AI 4 z ?� REC 9 EAr /ON, 1 1� dille'" Au RRIS — a � - • III N ROSEWOOD a s AV P NORTH SAINT PAUL Cr.'4 /101 ED / o r - - - 68 ® NOLLO AT r el"' i N P • N r ^ I 1 1 Q' 0 W N CC I Iti 'SUM Y = Y Y- W ® O ��C W !. AV &WA 40 N m SV A RIPI �� • � � � o r 1 - s 4If lELD J J KINCiST. N u la j °L = la 4 i • ll: ® A W o an t I � � t • m = L RPENTEUR f K • Ili . LOCATION MAP N o Attachment 1 il A ‘C / - •rW t iv . : 111 L. ( e) d e I 1 cis9 ( 9) . • A i - . 1 ql? It . 1-• 42 .:= 1 d .. 1 • -- --/ 111 2 9 .2.2 11 .. -,. 3 u.o.•1..t • • I. ,7-0- • 'L - - 7 III 4 L r' . 41.10111.111111111111111■11111w 030 2 I % e.- `3' 71V t N I macs 2 7 i 41 ; 111 ti 14 fP ' NA • 4 11.71.11111 11.17 ". ''' r III • ., VA, A IND A Dec 14 asbis 32.a .. gor . 111 \ LAURI E - a - 7 - 144.1.41F - • ' g• -1%Lit CA ..- - - 434. di so 's• "/ ( ili clei r% ; cs. 1 mlia4 1 . m .1 cqt 1 , IC33) -3 if . m , 4 ...I ta . 1(39 C 4 P'..1.,.. V" . .4 Cr I s IkcikIii....... 1 .4 1-4 E.7... ta.:;,... 64) , LLJ • it .--.-A-L-% . ca ii 171 .f. . • CO 1t2 •.u.)z-4 . 0 5;1 4 I . , ,- 08 ti :. L 3+ ) / .. i I m ' .1A. - • , - .- 7. - ../. .. ',. ir 4:4-. - 11 1434 et 1 - , 7 EP 1 ..n. . . SANDHU RST 7 W >:;:;.::::: PROPOSED LURE CENTER ... 134.01/ 1-8■75.111 \ - 4,. , ., p.. i if 42, r *4 < • 34 t I fef ' 4: Ui Ptx,".21P ; .. • .............• .-........ ....-.N.x.x.x.:.:•:.:.:.:•:.:• :IN > ::ii.:::-: EXISTING CaAS STATION . '-' 7 4_ 1 )4' 4 447 •••• 9j581 . ' ' l iwilis CAR WASH. - - - lir- = =,) • -6- -,."&t -/ i "4 3 • • • 34. :it.. ..)t o LC:11;1 ::, .. 042 .t 0 4 ‘ • Cil .-- ......... ..... — N ge- 315 44. • • .•-• ' 4 4 as. 4, _ li 4 11 • 4) ig -... .. 1 . 87)::: _ COUNTY RD s iiiiii. c 145 7 .G• - , .7,71.. - ( - rett ''' 0, .. 21 s.t •-■ 13 .. ICIOI• • i Gel r Fulk Manufacturingf -7.-i 4. - : 20 ' .. : u . .n " . ; „...,„ t ql, • 4 .1 a 1 3., .. .. ii, 4 060 %I : •■■•■ I i I n Ci SO fa A V L— Hostess Thrift t e. 's 2 60 i m riz ostef Sorel . .Ig VI fl? 1 3 F,(.1 .bot . so .... rg 1 ...s..... •1144,. . '. •-•"° 5. .‘ *1 14 61 6.1 611 • it ■. gfi AZ . i .. . . . .. . ; • • • - - - I an I • • : • . II • r • • . . 1 13 ., PROPERTY LINE/ZONING MAP 0 N 7 Attachment 2 • • I 0 I 30 FOOT UTILITY EASEMENT 245Z._ 4 1 r 7 ; PROPOSED 15 FOOT VACATION r .Th- 1 ° � ':i CZ z 2:4 7.4 = ______ _ . OF SOUTH HALF `--J P I • ! I , ! . Li t Q --> 11 I t ! : / tyi ' . \ s I y ILI (� R 1 — - -- i • / / :: -\ J I I I ice...... . i l ' T.....4 -w •... 'mow. c • n.a.•c • \\ LOJNTY RLL•J •S' (PARKING SUMMARY ( FUNCTION FEOUIREMEWT TOTAL SERVICE BAYS @ 2 STALLSBAY a STALLS 3 EMPLOYEES , 1 STAUJEMPLOYEE3 STALLS 10 COMPANY VEHICLE 0 INEHICLE 0 STALLS 6t1TAL REQUIRED 9 STALLS J � , [ 1 SITE PLAN 8 N Attachment 3 ,1/4. JUL I0 1990 • +• • --• DATE: July 5, 1990 Cluts PROJECT: Fina Lube - Maplewood, Minnesota O'Brien Strother COMM NO: 9029 Al CnITECTS SUBJECT: Written statement describing the intended use of the property M E M O R A N D U M A. General: The project is an automobile oil change facility which will be part of an existing development containing a convenience store and car wash. There are no other similar facilities as yet developed by Fina Oil and Chemical Company, however, other similar facilities have been developed by competitors such as Rapid Oil Change. B. Specific response to Criteria for approval of a Conditional Use Permit: 1. The use would be located, designed, maintained, constructed, and operated in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use will not change the existing or planned character of the surrounding area. The development currently is an auto use. This use is a logical addition to the current land use. 3. This use will not depreciate property values. Development of this portion of the site should enhance them. 4. The activity of this use will not generate additional nuisances. Glare will be controlled by exterior lighting design. There is no noise, smoke, odor, fumes, dust, vibration, or water and air pollution beyond the incidental amount inherent in light auto traffic. All oil products are held within the building in proper storage tanks. Trash is enclosed. Site drainage is very small. 5. The use will not generate traffic congestion or unsafe access on local streets. The traffic for this type of use is not heavy. A portion of the access is internal within the site. 6. The utility needs for this use are light. 7. The use will not create excessive additional costs for public facilities or services. 8. This use utilizes only a small portion of the site. 9. Environmental effects will be minimal. • 10. Not applicable. 9 Attachment 4 7520 Market Place Drive • Eden Prairie • Minnesota 55344 • Phone: 612/941 - 4822 • • • •---• R.E. Stransky Land Surveyors July 12, 1990 City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109_ ATTN.: Tom Ekstrand Dear Tom; I am enclosing for your use, the application for the utility easement vacation request for the Fina Oil Site at 2168 White Bear Avenue in Maplewood. I hope that you find all the necessary information in order. I have included checks for the amounts of $56.00 and $12.00. It is my understanding that you already have in your possession, a copy of the certified abstracters list of the adjacent property owners which was part of the CUP application package submitted by COSA for Fina Oil Company. The reasons for the requested easement width reduction are as follows: A) The existing sanitary sewer line which is currently II/ in use in this easement is only 9 - 10 feet in depth. B) The sewer line starts at approximately 70 feet east of the east R/W line of White Bear Avenue and runs east to Van Dyke Avenue. C) The City of Maplewood Engineering Department has received city council approval (7- 11 -90) to re- locate this sanitary sewer line to run south into the County Road "B" sanitary sewer line. I spoke with Ken Haider in regards to the request for the reduction of the 30 foot utility easement to a 15 foot utility easement and he has apparently discussed this with you this past week. If you any further questions or need additional information, please don't hesitate to contact either Paul Strothers at COSA or myself. Sincerely, Robert E. Stransky, LS c.c. Paul Strothers - COSA Sam McGee - Fina Oil Don Marrow - Fina Oil 10 Attachment 5 2301 Woodbridge Street • Suite 201 • Roseville, MN 55113 • (612) 482 -0386 ► CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Fina Oil and Chemical Company applied for a conditional use permit to operate a public garage on property zoned BC, (business commercial). WHEREAS, this permit applies to (address or location) 2168 White Bear Avenue. The legal description is: Lots 1 and 2, Block 29, Smith and Taylor's Addition to North St. Paul. WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on August 6, 1990. They recommended to the City Council that said permit be 2. The City Council held a public hearing on , 1990. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit for the following reasons: 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. 11 Attachment 6 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 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 must be in accordance with the site plan, date - stamped July 10, 1990. The Director of Community Development may approve minor changes. The City Council may approve major changes. 411 2. This permit shall be subject to review after one year from the date of approval, based on the procedures in City code. 3. The hours of operation shall be between 6 a.m. and 11 p.m. 4. There shall be no outside material storage permitted. All trash kept outside must be stored within the trash enclosure. 5. Compliance with the City's motor fuel station ordinance. Adopted , 1990. • /2 VACATION RESOLUTION WHEREAS, Fina Oil and Chemical Company applied for, the vacation of the following described easement: WHEREAS, the history of this vacation is as follows: 1. A majority of the property owners abutting this signed a petition in favor of this vacation; 2. The Planning Commission discussed this vacation on August 6, 1990. They recommended to the City Council that this vacation be . 3. The City Council held a public hearing on , 1990. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the vacation is approved, public interest in the property will accrue to the following abutting propery: 411 Lot 1, Block 29, Smith and Taylor's Addition to North St. Paul. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacation for the following reasons: 1. It is in the public interest. 2. The remaining 15 feet of utility easement is still sufficient width for servicing this sanitary sewer main. Adopted on , 1990. Attachment III 13 Attachment 7 . • 410 MEMORANDUM TO: City Manager - FROM: Thomas Ekstrand, Associate Planner SUBJECT: Conditional Use Permit Renewal /Revision LOCATION: Cope Avenue and English Street APPLICANT /OWNER: BB &D Investments PROJECT TITLE: Englewood Shops DATE: July 30, 1990 INTRODUCTION 1. The applicant is requesting renewal of the conditional use permit (CUP) for the Englewood Shops commercial center. 2. Staff is recommending several revisions, including operating hours for the Brooks /Fina fuel station. The store is open 24- hours. City Code requires that the operator close the station between 11 p.m. and 6 a.m. BACKGROUND Past Actions On August 8, 1988, the City Council approved the CUP for English Place, a commercial center proposed by another developer. The • plans were for a walk -out style building, with one story facing Cope Avenue and two stories facing Highway 36. (Refer to the original site plan and elevations on pages 7 and 8.) The Community Design Review Board held a public hearing and approved revised plans on August 15, 1989. (Refer to the site plan on page 6.) The revised plans were for a one -story building on one level. The first condition of the CUP gives the Board the right to approve changes to the plan. The project is still under construction. Code Requirements Section 36 -445 (a) requires that the City Council review all conditional use permits within one year of the date of initial approval. Section 36 -151 (2) (i) (10) requires that operators of motor fuel stations, within 350 feet of land that is developed or designated on the City's land use plan for residential use, close their stations between the hours of 11 p.m. and 6 a.m. The City Council adopted the new fuel station ordinance on September 11, 1989. The Building Official issued the footing and foundation permit for this building on November 6, 1989. The eC Attorney has stated that the new fuel station ordinance app this site, because the ordinance became effective before the Building Official issued the building permit. 410 • Uncompleted Site Work The developer needs to complete or provide the following items: 1. A stop sign at the one -way exit at Cope Avenue. 2. A trash dumpster enclosure. 3. Screening -units around all roof - mounted equipment. 4. Parking stall striping with double- stripes. 5. Maintenance of e .) 6. Installation of right and left -turn lanes at English Street and Highway 36. 7. Replace some dying sod. The applicant is in the process of selecting a landscape - mutnandaree larpmaintenancepstarted by August to have the weeds c RECOMMENDATION • Approval of the resolution on page 9. This resolution extends the time limit and revises the conditional use permit for the Englewood Shops at 1285 Cope Avenue. Approval is subject to the following conditions: (I have underlined new words and crossed out deleted words.) 1. - - - All construct on must be in accordance w th the site plan, date - stamped August 9, 1989. The Director of Community Development may approve minor changes. The City Council may approve major changes. 2. The right -turn lane proposed along English Street shall be subject to the City Engineer's approval. 3. The applicant shall restripe English Street, and widen it if necessary, to provide a left -turn lane for west -bound Highway 36, subject to the City Engineer's approval. 4. The landscape plan shall be revised for Community Design Review Board approval showing: a. On-site s shall be along four feet Avenue tailand English Street. These berm b. A thick screen of evergreen plantings shall be provided, maintained block headlight i glare, h to sets on berms of 2 410 Section 36 -27 of the City code. c. Trees shall also be planted on top of the berms. 5. Gas sales shall be limited to two od o . n one island. There shall be no vehicle repair 6. The fuel station and convenience store shall not be open between the hours of 11rema� n and nd 6 a.m. as required by code. The and 7:00 sh not be open between the hours of 10:00 p.m. a.m. 7. There shall be no temporary or permanent outside storage or sales, except fuel. 8. This permit shall be subject to review six months from the date of approval, based on the procedures in City Code. TEENGLE (Section 9) Attachments 1. Location Map 2. Property Line /Zoning Map 3. Englewood Shops Site Plan 4. Original Site Plan of English Place 5. Original Building Elevations of English Place 6. Resolution • 3 C — — -- — AM J aK _ AV �•. /./r.' V < /1 S 22 s� ? /� —� C \ \ \I1� 0 _ ') 044 / / / / v S MAR / � M ��_,, 1 i P O ND Koh /mon Loke 4 ON /Loke .A W KOLMA KOHLMAN AV z,_ North y s y 7 �. �_ a u Haze /rood co p i y • PM Z z��aa a W 01 p CO > RD tip CO RD C .. W ..--# F F � � .---. N 9 Z T29 N , R22W y y y W J® H W Ka% an (I)J F C T = C 3 a IO J PALM C ft ' �'E �' p y EDG EHILL RD I J PALM O C w �, H a w '7 Harvest la. CONNOR G 0N R AV -4- —1 L_ 2 (1) CONNOR AV Pk ` EMONT AV m N ,I __�. o V DE MON O oo g ? a BRO AV • 0 \ v BR OK GT 3 a 0 22 °/ 3 2 f 17, Four P � - fl XTAN T AVs GERVAIS DR PKWY a DR Y • . RR N k/ - II C g Knuckle Hood Lake coPE / a to . COPE AV �'^� �. ' Ke/ /er Loke W H � a ©� _. J ...1 4 \ C a S A er = , I ,I ¢ LELAND RO SAND HURET ¢ MO° A s W_ U C T c JUNCTION ST ° e_ Z o Y CO RC il , o B 0 �V /� e BURKE p Robin ,/ ■ c A �0 (1) CHAMBERS ST ).• %' • S AE AV ELDRIDG E AV t l o d✓ � CM', y - d q. I a . ecg F M .V W ®� _ A ECAEAT /ON t� 0( E J - AV 0 r 3 ' W W OD OP' p p AV u QP N ROSEWOOD / yfi RY- •N 14/ �/ Q A I��F / y �' AV y O O / 1 0 / fR05T u # 28 H G f f 4 y ` W r 2 7 y y � j FE TON AV Gs le► Y.. co a y Pk H ® > / / J ; OE FRISBIE AV - ¢ . p OP W � a , R PLE Y ® �� ��� i i m p \a e _ �--- ) WAIC� i x �� K ' lRo / \ ' oral y N Er4,4-nsAviii �` ~ AP P I = x i PRICE i li r a i Loke Phelan NTE R \ \ � ( ` � \ AV p 30 J e LOCATION MAP • N 4 Attachment 1 ii• - .1 ' . • / I -- • 24 : si .I t 1 4t7• g 00 o • + r 8 (. •.o ac. v 0 (. 55..4 ( d • I° v A • 1 4.09ae.. I J• r 1. 20 Lo (1.94oe�• .41- ' . 19 oaa ' 4 j p, _ . � : �.,: s li c. .: ' . .�... 1 . f �• -e9. I • '- _ .... r .o o •s`_ - .. - . •.1 I , .92i 4 _; 1 Aee..e as II.4• ••w ►. i IIa. M ..- eL5 I —_ 36 -- - - - r a__It , I . ; - 1 • Hi ghway e I d` i • I 18 • 17 _ `rt...._,..A..... --.1 _ - - I 1 toti i -F.., ;41•t 1 ` • . 1.44er - , o �. Lat. .^ i f Maplewood Racquetball Club 1: ''. ,e,,,' -, ±. . a..r's..+l., I .;N, . ••• •• In • 1 , - 75i1 vim. :iii• r. ..?' 4- • I ' ..,:.* ...:S . * lima .; IN a j • _ ICI I 0•T r �� ' ' N , 14 �' i:.,:: . -.. •Beat. +':®Q — '� .d I N r < • ci, I, • 100 ; 1p 1 r I � :,;, v... +.3•. .I C . (• J Q .. ,10,,..4. . I i W tL! Haglund Dental Offices 1 I .' ' .• i • • . • e.30 jo • ., 40 I I 1 . . .. I . / - _ ••• - I 11111111111111111111111111111111111 11111111111111111111111111111111111 AVE��11•, • d I a,>I , I ' I � ' 1 I o iiir l r�.,' ' I I r;�)I ) i j - I - i I s i .e .. q C +., (!off (sl I I> � n L ..l� 1 . . I� . 1 •s � : « ,� � zs � asl • ! Alibi ,t 1 I 111': ~so �y I 3 4 1 r r I 1244 1252 1260 1268 1276 1282 1294 13081) , • ,. ~ 1 9 1 1 .7 (3 •.- •a 10 v i .{ 4 , ( 4- , • /tom I I i 1 111 20 , : ' (44) 03) • M I T 1 4, ( 9 14 111 1 2 ' 1 •15 1• Is!' Il I• II ' I ( ( /0 11 ! ,l 0 7 I f 0 - I e ,, , `�, ■ Il 1.1 • i H i X11 I t • I I .•. 1 "(I!, 1 I) 4, I ` I /M '6)1 I Ir r-V .. - .40 .• 1- _moo a,St 1 • I • t 4 . 1 . • . 1 I .' .'�. ILw♦1., so r ■ ■ PROPERTY LINE /ZONING MAP • ,, [ 5 Attachment 2 1 .I. • HIGHWAY 36 • 0 I 1 iv • i T I 1 I ti • FUEL SALES � 4 i t il i . ;�-i II j ,I ..:.....:;. .t,, 1 1 i ..:1"..,;601. .A.I.,1..A.•::4 ..{ ! . i , ir. 37 Y; ...;itt'tt t } n : • ..... • L • : fit : ; —_ { 0 : 1 I ..J..-- • Alt:4:1w/ , r - -i/ i .....,.. .,...... ::::,::: ... :,........... ........„ s L , - ' 4-1- . 4 . 14 ( VP '%%. . : ./ ' 'r CO P k . q •-- VF A, , -.,..,,,,,,,,,,,,,.. } .+11L- j ..... 7 ` • N e SITE PLAN • APPROVED ENGLEWOOD SHOPS PLAN N J 6 Attachment 3 .d HIGHWAY 36 ---- J 1 z e F e J • 4 I m """471717.S7 I VY MI ) = FUEL ISLAND CANOPY I, • , - . III —. _ 1 I I f i ,. �.- f ♦p , r a� L 0 • , .......... / ,4 „ .1 %. d ry` _ N �i►, /. //,.,, ,.., , .. . : e i t - 6. ,_ // • Z I t / / ' co ��� S 4 114 1 , o 41 . . r SITE PLAN ' L . ORIGINAL ENGLISH PLACE PLAN N 7 Attachment 4 r Ilir . - __l-- - } _ - i__ _? . . 5 I 1 t 1 1. E= :- L 1. Kr 4 l g NORTH ELEVATION • COPE AVENUE SIDE ---- :------' -71-7 ".---=". - ---4 11111111111M ...g. -- - - -- • -- - - - - - - __ --= WEST ELEVATION • • COPE AVENUE SIDE --r_1111_ --�' __ = _ . .. r r __ JI II_ - U _-tom _ I EAST ELEVATION -- ORIGINAL ENGLISH PLACE ELEVATIONS 8 Attachment 5 • CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the City of Maplewood initiated a hearing to revise the conditional use permit for a convenience center with gas. WHEREAS, this permit applies to 1285 Cope Avenue. The legal description is: PLAT 03092 CLIFTON. ADDITION, RAMSEY CO., MINN. SUBJ TO HWY 36; VAC ST ACCRUING & FOL; EX THE W 379 FT MOL BLK 18 AND PLAT 03092 CLIFTON ADDITION, RAMSEY CO., MINN. SUBJ TO ST & EX PART OF LOTS 19 THRU 25 BEG ON N L OF BLK 13 & 379.61 FT E OF NWCOR OF LOT 16 TH S 29 DEG 14 MIN W 117.56 FT TO ST AS OPENED IN DOC 2021912TH NW TO N L OF SD BLK 13 TH E TO BEG; VAC ALLEY ACCRUING & PART LYING NELY OF NE LINE OF SD ST AS OPENED IN DOC 2021912 OF BLK 13 WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on August 6, 1990. They recommended to the City Council that said permit be 2. The City Council held a public hearing on August 13, 1990. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described conditional use permit for the following reasons: 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. 9 Attachment 6 410 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 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 must be in accordance with the site plan, date - stamped August 9, 1989. The Director of Community Development may approve minor changes. The City Council may approve major changes. 2. The right -turn lane proposed along English Street shall be subject to the City Engineer's approval. 3. The applicant shall restripe English Street, and widen it if necessary, to provide a left -turn lane for west- bound Highway 36, subject to the City Engineer's approval. 4. The landscape plan shall be revised for Community Design Review Board approval showing: a. On -site berming along Cope Avenue and English Street. These berms shall be four feet tall. 10 b. 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 of the City code. c. Trees shall also be planted on top of the berms. 5. Gas sales shall be limited to two dispensers on one island. There shall be no vehicle repair or maintenance. 6. The fuel station and convenience store shall not be open between the hours of 11 p.m. and 6 a.m. as required by code. The remaining uses, shall not be open between the hours of 10 p.m. and 7 a.m. 7. There shall be no temporary or permanent outside storage or sales, except fuel. 8. This permit shall be subject to review six months from the date of approval, based on the procedures in City Code. Adopted , 1990. 110 1 11 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Code Amendment: Residential Estate Zone DATE: July 30, 1990 INTRODUCTION The City Council, at their June 11, 1990 meeting, asked staff to investigate the creation of another R -E (Residential Estate) Zone. The Council intended to use the zone for the Carver Avenue area. The Council wanted to maintain the same size lots as in the recently approved Mark's Nature Haven preliminary plat. BACKGROUND On February 19, 1981, the City Council adopted three R -E (Residence Estate) Zoning Districts - R -E 40, R -E 30, and R -E 20. Each district is based on a different minimum lot area - 40,000, 30,000 and 20,000 square feet. DISCUSSION A new R -E district is not needed to keep future subdivisions in the area compatible with Mark's Nature Haven. This plat will be • one of the smaller new subdivisions in the area. The following list gives examples of recent subdivisions in south Maplewood with the median lot size and range of lot sizes in each. (Refer to the map on page 3 for their locations.) Plat Median Lot Size Range of Lot Sizes - — (square feet) (square feet) 1. Mark's Nature Haven 12,700 10,100 - 27,000 2. Maplewood Highlands 14,000 10,000 - 42,000 3. Gonyea's Oak Heights 13,338 11,250 - 70,000 4. Pleasant View Park 15,000 10,935 - 77,268 5. Highwood Estates 1st 12,399 10,028 - 25,215 6. Highwood Estates 2nd 13,900 11,082 - 75,036 7. Highwood 2nd + 3rd 14,000 12,900 - 56,400 The R -1 (single - family residential) zone best fits the size of lots in Mark's Nature Haven. All of the above developments are zoned R -1. The minimum lot size in the R -1 zone is 10,000 square feet. The smallest lot in Mark's Nature Haven will be 10,100 square feet. 16 of the 30 lots will be 13,650 square feet or smaller. An R -E district with a minimum lot size of 15,000 square feet would make more than one -half of the lots nonconforming. A non - conforming lot cannot be built on without a variance. RECOMMENDATION Take no action on a new estate lot zone. • - ..---„ • ,. . • - � " t�, a "' �.. %,... j �... '.tom*_; wl i�-; j 1 • `` g, . o a •, ', � ° , f` = 1 I H I GH _ �F n.. y Y; ( :;,:. , j �'„ I c e e I %" we . .` • - I d , �J'� r i. i F i S ' : :::E: T ; IG HWOO. J . . _ _ ' r• ' `•'�. (' .V,, ( _ 9 I r . ! C :, I r j• •. • I _ _ 1 • ,. , • ( r° • - • o �,� s • t . _ Pt ASInNT PAAIIt f 1 , ��• _ _ — - i r te_ _ O , -•- 0 N "•„ o••• " j • .•i , � K yyyyy g - '7' HIGHWOOD ESTATES 2ND • aii 64 j , i 1 2 ` • h fp _� _ gy ! , . .171 1 / gyp L7 I r \ � 1 ^ IMPS, .k1 if • • 1 ...1 ' V • • i '-9 + •/ .... _ • ° • iris -1- • ~ 1/ ;•! 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'= • , r I } w ..* a, leo a P j •,. •• CA R {AI E STATES F• 4 ... 4 .._ r. ' ; t.` - 2-- . e. " _- ! 1 s� . 1 cam.. e`..... ___ -_.. T • �+:1 aq,/ 1 r • PROPERTY LINE / ZONING MAP 0 • N . 2 Attachment 1 .✓