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HomeMy WebLinkAbout09/14/2005 AGENDA CITY OF MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD Wednesday, September 14, 2005 6:00 P.M. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: August 23,2005 Minutes 5. Unfinished Business: None Scheduled 6. Design Review: K and W RolI-Offs - 1055 Gervais Avenue 7. Visitor Presentations: 8. Board Presentations: 9. Staff Presentations: Sign Code Revisions 10. Adjourn DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 23,2005 I. CALL TO ORDER Chairperson Longrie called the meeting to order at 6:01 p.m. II. ROLL CALL Board member John Hinzman Board member Matt Ledvina Chairperson Diana Longrie Vice chairperson Linda Olson Board member Ananth Shankar Absent Present Present Present Present Staff Present: Shann Finwall, Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Board member Olson requested additional discussion regarding Ashley Furniture to be added under Board Presentations. Board member Ledvina moved to approve the agenda. Board member Shankar seconded. Ayes - Ledvina, Longrie, Olson, Shankar The motion passed. IV. APPROVAL OF MINUTES Approval of the CDRB minutes for August 9,2005. Board member Olson had a correction to the minutes on page 9, the first paragraph, fourth line, rephrasing the words You need some to Best Buy has. Board member Ledvina moved approval of the minutes of August 9,2005, as amended. Chairperson Longrie seconded. Ayes ---Ledvina, Longrie, Olson Abstention -Shankar The motion passed. Community Design Review Board Minutes 8-23-2005 2 v. UNFINISHED BUSINESS a. Best Buy - 1765 County Road D Ms. Finwall said on August 9,2005, the CDRB reviewed plans for Tim Palmquist, representing Best Buy, for a new 45,243 square foot Best Buy store to be located at 1845 County Road D (Town Center shopping center). The proposal includes the demolition of the existing Frank's Nursery store within the center and relocation of Best Buy's current store into the new building. The CDRB approved the design review of the proposal, excluding approval of the elevations, which were tabled for revisions. The CDRB requested that the applicant revise the building elevations to add design features to help break up the large expanse of the walls and include the use of more quality building materials. Since the meeting, the architects, WCL Associates, Inc., have revised the elevations to address these concerns and are now proposing four revised elevations. The revised building elevations have been labeled in the staff report as 3. a., 3. b., 3. c., and 3. d. to help differentiate between the revised building elevation plans. City staff finds the elevation variations that include the parallel vertical EIFS bands 3. a. and the motif EIFS design labeled as 3. d. to be the most appealing. City staff recommended revisions to the elevations and were included in the staff report. Board member Shankar asked what percentage of the back elevation would be visible from the freeway? Ms. Finwall said the rear of the building is adjacent to the Slumberland parking lot which is an open expansive area but it would be best for the applicant to address that question. Board member Ledvina said the building elevations show the exterior lights on the building as being yellow in color and he asked what staffs opinion was regarding "yellow" lights being used? Ms. Finwall said the yellow colored light fixture blends in with the yellow on the Best Buy sign and goes along with the modern theme in her opinion. Chairperson Longrie asked the applicant to address the board. Mr. Paul Anderson, AlA, WCL Associates, Inc., 1433 Utica Avenue South, Suite 162, Minneapolis, addressed the board. Mr. Anderson reviewed the building revisions with the board. Mr. Anderson said the yellow lights are a Best Buy trademark, which adds a little bit of sparkle to the building. The blue wedge on the building and the yellow Best Buy sign are also trademarks. Staff had mentioned the front door location in the staff report being shown in the incorrect location. He checked further with his group and was told the front door location is shown on the plans pretty close to where it will be placed, it may be off 1 foot or so, but it is represented pretty fairly on the plans. Board member Olson said on the current Best Buy building there are red angled light fixtures and the new building proposes to use small yellow lights that look like small boxes. Community Design Review Board Minutes 8-23-2005 3 Mr. Anderson said the red lights on the existing Best Buy building shine up and downward on the building. The new yellow lights are a round curved light and the light fixture will shine up and down because the intent is to highlight the piers on the building. The light will also shine downward onto the sidewalk area. Board member Olson asked how much light would reach the sidewalk on County Road D? Mr. Anderson said none of the light would reach the sidewalk on County Road D. Board member Olson asked if there will be street lighting along County Road D in that location? Ms. Finwall said she wasn't sure. Board member Ledvina presumed there would be lighting in that area of County Road D. Board member Olson said currently there are no light poles in that area and whether or not it's planned for the upgrade or not, she wasn't sure. Board member Olson said she understood at the city council meeting last night that there would be a stop light installed at that intersection. Ms. Finwall asked if Board member Olson was concerned there would be adequate light at the sidewalk? Board member Olson said correct. Ms. Finwall said these issues can be addressed with the 2009 County Road D roadway improvement. She was not certain if there was street lighting presently at this location, however, normally there is at least 1 street light at every intersection particularly along County Road D. The Best Buy lighting plan doesn't show additional lighting along the sidewalk or trail. Board member Olson is concerned the uplights towards the top of the building would direct light upwards rather than downwards. Part of her thought process is for the dark sky theory that you aren't illuminating the sky and for safety reasons she would like more light to reach the ground for the safety of the pedestrians in and around the rear of the building. Mr. Tim Palmquist, Project Development Manager, Best Buy, 7601 Penn Avenue South, Richfield, addressed the board. Best Buy has switched the type of light fixtures in their new buildings and they are now using a design light fixture so they don't have to have a screen made for the light fixture. The light can be directed both up and down or up only or down only so that can easily be changed. Board member Olson asked how large the yellow light fixtures would be? Mr. Palmquist said the light fixtures are about 18 to 24 inches wide and then the light will project about half the width. Board member Shankar asked what the backside of the wedge is constructed of? Community Design Review Board Minutes 8-23-2005 4 Mr. Anderson said the backside of the wedge is usually painted the same blue that is used on the Best Buy sign. Board member Shankar asked if it was made of EIFS? Mr. Anderson said it is typically made of a metal panel or a rubber membrane that is painted blue. Board member Ledvina asked what the reason was for using two different materials in the blue EIFS and the blue metal panels and if it was possible for the wedge to be made of the metal panel? Mr. Palmquist said they left the wedge element as EIFS because that is what 95% of the entrance elements are. It could be made of metal and they have used metal panels in other Best Buy projects around the country. Board member Ledvina said the blue band that goes around the whole building is EIFS and maybe that is what ties things to the wedge. The staff report states on the north elevation that the loading dock wall should be constructed to match the building. He asked if that would be possible? Mr. Anderson said that's possible. Mr. Anderson displayed an updated building elevation where they created three piers across the loading dock wall to try to break up the wall with brick and EIFS. Board member Olson asked with staffs request for additional cornice details what would you propose to use on the Best Buy building? Mr. Palmquist said in preparing these building elevations they spoke to staff about that and he suggested the cornice details be very simple to keep things looking very modern. A cornice is more traditional to him and in order to keep things more modern he would recommend keeping it simple. Board member Olson complimented Best Buy for providing the board with additional building elevations to choose from. Board member Ledvina said he likes the changes that were made to the building elevations. He likes the blue metal panels, the banding, and in terms of which plan he prefers he prefers the horizontal elevation 3. a. In his opinion, building elevations 3. b. and 3. d. are too modern looking and he feels you would get tired of looking at the design. Chairperson Longrie said she showed several people the building elevations and both she and the others chose the very modern motif design of 3. d. The second choice was 3. a. Everyone thought the building elevations were innovative, modern and thought the building looked a bit like art deco. They liked the blue band and the blue color on the building which helped tie into the blue wedge. Board member Shankar said he sees the interest in the motif design of 3 d. but he thinks the building will become dated very soon. Community Design Review Board Minutes 8-23-2005 5 Board member Shankar said he agreed with Board member Ledvina that his preference is 3. a. however, he is not in favor of the ribbed metal panel on the top of the building because that gives the building an industrial feel and appears to look like a warehouse. He believes with the horizontal EIFS that would conflict with it and he would suggest that the metal panel be flat with joints at 4-feet on center rather than the ribbed panel Best Buy has proposed. Board member Olson said she prefers building elevation 3. c. Her second choice is 3. a. She believes building 3. d. will become dated very fast, building 3. b. did nothing for her, and 3. a. was almost too horizontal. She liked building elevation 3. c. because it had a combination of horizontal and vertical elements on the building design. This will be a long building and she liked this combination of building materials. Board member Shankar said in his opinion buildings like building 3. c. are built all over the city in terms of metal precast panels and in his opinion that looks like a warehouse building and he wants to stay away from the appearance of a warehouse building. Board member Ledvina agreed with those comments. Board member Olson said she would recommend that the light fixtures shine downward to enhance the pedestrian safety around the building. She would like to see the top cap or cornice 12 inches in height and silver in color rather than a painted blue cornice. Chairperson Longrie said in looking at the building elevation 3. a. to put the silver cap along the top tends to accentuate the horizontal lines even more. She likes the idea of a silver cap for building 3. d. because it would tie in with the horizontal lines but she is afraid you would get too many horizontal lines with the building elevation 3. a. and it may be too much. Board member Shankar said if you introduce a silver top cap between the blocks of blue that would detract from the blocks of blue. In his opinion the whole thing should remain blue as shown on the design. Board member Ledvina agreed. He thought the lights should be lowered as they are shown on the front elevation but he would defer that decision to the architect to have the lights shine upward and downward. The point is to accentuate the piers of the building and he believes the lights are only accent lights, not utility lights. Chairperson Longrie and Board member Olson agreed. Board member Ledvina moved to approve the building elevations marked as 3. a. showinq the EIFS in the horizontal pattern, date-stamped August 16, 2005, for the Best Buy store to be located within the Town Center shopping center at 1845 County Road D. Approval is subject to the following revisions to the elevations prior to issuance of a building permit: (changes to the motion are underlined and deletions are stricken.) 1. Loc3tion of the front door must reflect the true loc3tion of the door 3S specified on the site pl3n. 2. Remov31 of eMU m3torbl 3nd ropbcemont 'Nith brick. Community Design Review Board Minutes 8-23-2005 6 1. d-. Brick piers added to the loading dock screening wall. 3. Cornice clemonts on top of tho building. 2.4,. All roof scuppers must be built into the brick piers and not be on the exterior of the elevation. 3. ~ Lowerinq the yellow Iiqht fixtures on the west. north. and south elevation to be consistent with the east elevation. 4. e. Clear anodized metal profiled (vertical) panel to be substituted with a clear anodized metal flat panel with ioints no closer than 4-feet on center. Board member Olson seconded. Ayes - Ledvina, Longrie, Olson, Shankar The motion passed. VI. DESIGN REVIEW None. VII. VISITOR PRESENTATIONS No visitors present. VIII. BOARD PRESENTATIONS a. Board member Ledvina was the CDRB representative at the August 22, 2005, City Council Meeting The only CDRB item to discuss was Best Buy, 1845 County Road D, which passed by a 4 to 1 vote. b. Follow up discussion regarding the neon lighting at Ashley Furniture Board member Olson requested an update on the discussion that took place at the August 9, 2005, CDRB meeting regarding the blue neon lighting on the Ashley Furniture building. She asked if Ashley Furniture would be turning off the neon lighting during the hours the building was not open as she requested at the past meeting. Ms. Finwall said she expressed the concerns of the board to the Senior Planner, Tom Ekstrand who worked on the Ashley Furniture project. Mr. Ekstrand spoke with the representative for Ashley Furniture but she did not know the end result and will follow up with Mr. Ekstrand and bring further information back to the next board meeting regarding the blue neon lighting that the board had concerns about. Community Design Review Board Minutes 8-23-2005 7 IX. STAFF PRESENTATIONS a. Sign Code Revisions Ms. Finwall said after several months of sign code revision input from the CDRB, staff presented the board with a revised draft sign code during the June 28, 2005, CDRB meeting. City staff requested that the CDRB review the draft code and submit individual comments regarding issues that still need to be addressed. The following sign code discussion took place: 1. Prohibited Signs: Signs attached or supported on a permanently parked vehicle or semi-trailers intended to advertise a business, product, or service. The board thought this could be a real challenge. The board thought the city may want to define the word "permanently". Staff will look into this and come up with clearer language. 2. Prohibited Signs: Signs that advertise a product or service not sold on the property except for billboards or other off-site signs where specifically permitted in this chapter. The board felt if the city didn't have this there would be a proliferation of signs which wouldn't be good for the community. 3. Wall Signs for Multi-Tenant Buildings: The board agreed the tenant should be allowed signage where their tenant space is and if they want additional signage on the end unit they could apply for a variance. That way the city would have some control over the design of the sign. 4. Sign Definition: (Should we consider including neon or other striping as part of the sign?) Board member Ledvina said that is an architectural element and should not be considered part of the sign. Other board members agreed with that decision. 5. Mixed-Use Zoning District - Projecting Signs: (Do we want to set a minimum sign height above the right-of-way/street?) The board decided they do not want to set a minimum sign height above the right of way/street because staff pointed out that the building department would check that according to the building code. Community Design Review Board Minutes 8-23-2005 8 6. Sign Height: The board decided they don't want to consider allowing decorative caps on top of monument signs to be able to exceed the required height by 10 percent for a more decorative finish. Those decorative caps should be included in the maximum height of the monument sign. 7. Can the allowable sign allocation from one frontage be transferred to another frontage? The ordinance does not appear to clarify this. The board decided the sign allocation should not be transferred from one frontage to another footage. Staff will look into this further and make it clearer. 8. Garage Sale Signs: (Clarify the one foot from sidewalk or trail language so that it is clear that we are not talking about the space between the sidewalk and/or trail and the street pavement. ) The board decided this should be consistent with the other requirements. 9. Off-Site Real Estate Signs: Board member Ledvina said he would support staff's recommendation for off-site real estate signs. The other board members had differing opinions. Staff will come up with some kind of compromise and further discussion will have to take place regarding this at a later date. Board member Olson recommended the city attorney review these sign code revisions before bringing the sign code revisions to the city council. Ms. Finwall said after conclusion of these items, staff will begin the next phase of the code revision which will include a public relations campaign to inform, educate, and gain feedback from the public on the proposed changes. A timeline of the sign code revisions will be put together and brought back in late September or some time in October. b. Reminder that because of the primary elections on Tuesday, September 13, 2005, the next CDRB meeting is Wednesday, September 14, 2005. Currently there are two CDRB items to review that evening. x. ADJOURNMENT The meeting was adjourned at 7:42 p.m. MEMORANDUM TO: FROM: SUBJECT: PROJECT: APPLICANTS: LOCATION: DATE: Richard Fursman, City Manager Ken Roberts, Planner Conditional Use Permits and Design Review K and W RolI-Offs Kristopher and Wesley Scherping 1055 Gervais Avenue September 7, 2005 INTRODUCTION Project Description Kristopher and Wesley Scherping are requesting city approvals to make improvements to the property at 1055 Gervais Avenue for their business, K and W Roll-offs. Specifically, they are proposing to add a gravel outdoor storage yard, build a 40-foot by 49-foot storage building and a new driveway on the property. They want to make these changes to the property so that they can relocate their roll-off (dumpster) business to the property. Please see the applicants' statement on page 13 and the maps and plans on pages 14 through 18. They also are proposing to surround the rear part of the property, around the storage yard, with an eight-foot-tall chain-link fence. The applicants are proposing to install screening slats in the fence to provide screening of the outdoor storage area. Requests To relocate their business to this location, the applicants are asking the city to approve: 1. A conditional use permit (CUP) for exterior storage within the M-1 (light manufacturing) zoning district. 2. A conditional use permit (CUP) to have a new commercial building within 350 feet of an existing residential district. 3. The design plans for the site, including the new building and the screening fence. DISCUSSION Background On May 8, 2000, the city council approved a conditional use permit (CUP) and the project design plans for a business called Fresh Paint. These approvals were for the business to build a new office/warehouse building on the property at 1055 Gervais Avenue. (See the map on page 26 and the city council minutes starting on page 27.) The owner of Fresh Paint, however, decided to not go forward with the proposed development and eventually sold the property. Conditional Use Permits As I noted above, the applicants' are requesting city approval of conditional use permits for this property so they can move their business to this location. Their business provides roll-off containers (dumpsters) to homeowners and contractors for property clean-up and remodeling projects. To have their business based in this location, they are proposing to have an outdoor storage yard and a storage building on the property. As Kristopher explained to me, they deliver empty roll-off containers to job sites and they pick them up and properly dispose of the collected waste after they are filled up. K and W would then bring the empty container back to their storage yard after they have dumped it and then would have it ready for its use. As such, they would only be storing empty roll-off containers and their trucks on the property as they sit in between use on job sites. (Please refer to the applicants' statement on page 13 for more information about their request.) Outdoor Storage and Screening The applicants are requesting a CUP for exterior storage on the lot for their roll-off container business. According to their statement, this includes 14 roll-off containers, 2 overseas containers (for storage) two trucks and four trailers. They are not proposing to store any garbage or debris on the site. Possible Nuisances - The city always is concerned when a property owner wants to establish an outdoor storage yard - especially when it would be near an existing residential district. As such, the city will want to ensure that this facility, if approved by the city council, will not cause any problems or nuisances for the neighbors. In this case, since one of the operators lives on the site, staff does not have any major concems with their proposal. Having the proposed screening fence, the small number of employees and trucks and the limited hours of operation should ensure that this proposal can be compatible with the nearby residential area. Screening - As with all outdoor storage yards, screening is a major concem with this proposal. The applicants propose to install an eight-foot-tall chain-link fence with screening slats around the rear portion of the property to screen the outdoor storage yard. Staff finds this acceptable as long as the slats create at least an 80 percent opaque screen of the property and are compatible to the exterior material and color of the proposed storage building. There is a fairly substantial tree growth between this site and the residential properties to the north that provide significant screening of this property. I recently stood in the side yards of the two homes directly north of the site and found that I could barely see the existing house at 1055 Gervais Avenue because of all the existing trees. The existing trees and the proposed screening fence should provide enough screening of the proposed outdoor storage. Storage Area Paving - The applicants' are proposing to install a crushed limestone material for the surface of the proposed storage yard. They are concemed that a paved storage yard would be damaged by the roll-off containers and by their trucks. Staff agrees with the applicants' and we do not see a need for a paved storage yard at this time. The city does have the opportunity to review the storage yard and its surface through the conditional use permit review process. If a problem arises in the future with the storage yard or with its surface, the city can require changes to the site or to the business operation to address those concerns. 2 CUP for Proposed Storage Building The city requires a conditional use permit for all new commercial buildings in the M-1 zoning district if they would be within 350 feet of a residential district. In this case, the city has planned and zoned the properties adjacent to the site to the north for single family dwellings. The city should assure through the CUP review and approval process that the proposed commercial building and associated site activities would not be harmful to the nearby residents. As I discussed above, staff is confident that with the proposed screening and conditions of approval, that this proposal can be compatible with the nearby residential properties. Design Approval Building - The applicants' are proposing to construct a 40-foot by 49-foot (1 ,960 square feet) storage shed on the west side of the storage yard. This building would be for storing the business trucks and other business-related materials. As proposed, the exterior of the building would have horizontal vinyl siding (tan mocha color) with an accent band and a hunter green standing seam metal roof. The east elevation includes three bay doors. Utilities - There is water and sanitary sewer in Gervais Avenue that serve this property. The applicants' are not proposing to install any utilities in the proposed storage shed. They are proposing to construct a storm water pond (with an overflow pipe) on the northwest comer of their property. Chuck Vermeersch of the Maplewood Engineer department reviewed the proposed project plans. His comments are in the memo on page 22. Parking Lot - The city's parking lot ordinance requires that all parking lots and associated driveways have a bituminous surface. The ordinance further states that parking lots with 12 or more parking spaces must have continuous concrete curb and gutter. Parking lots with less than 12 spaces are exempt from this requirement, unless required by the city engineer for drainage control. The community design review board (CDRB) can waive both of these requirements if the city engineer has determined that sheet drainage would improve stormwater quality. The project plans show the proposed parking lot and storage with a gravel surface. The applicants are proposing this material, rather than a paved parking lot, because of the wear and tear that the trucks and roll-off containers would have on the pavement Parking Spaces - The city's off-street parking ordinance does not have a parking standard for a facility such as this. The applicants will have parking on their existing driveway for the existing house and will have enough space in the proposed storage building for the trucks for their business. Landscaping - The applicants' noted that there are seven trees on the property that they will be saving with the proposed project. In addition, they are proposing to plant two arborvitae near the proposed gate and six, eight-foot-tall Black Hills spruce. The site and landscape plan on page 18 shows grass areas inside of the screening fence around the perimeter of the proposed storage yard. Staff also is recommending the applicants add native plantings within the rainwater garden to address erosion control and storm water quality issues. The applicants are not proposing to install an underground sprinkler system with this project. The CDRB can waive the requirement for an underground sprinkler system on a case-by-case basis, if 3 the applicants agree to sign an agreement with the City of Maplewood stating that they will hand- water all landscaping and replace any required landscape material that dies. Staff is recommending that the city require these standards as conditions of approval. Lighting - The applicants' are not planning to add any outdoor lighting with this proposal. If the owners want to install outdoor lighting in the future, they would have to submit to city staff for approval a lighting plan. This would be to ensure that any freestanding lights would not exceed 25 feet in height, including the base of the light, and that the light illumination at all property lines would not exceed .4 foot candles. Public Safety - Lieutenant Rabbett reviewed the current proposal and states that there are no significant public safety concerns. He suggested limiting the hours of operation to ensure no noise complaints from the adjacent residential properties. Staff believes that noise from the business could cause a negative impact for the neighboring residential properties. Therefore, staff recommends a condition of approval for both CUPs that there be no noise-making business activity conducted on the site, or made by vehicles entering or leaving the property, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday, per city code. Building Code - Dave Fisher, Building Official, states that the proposed building will have to meet all the requirements of the 2000 IBC, including the fire rating standards for the walls, and the fence will require a building permit with structural engineering. (Please see his memo on page 23.) Fire Safety - Butch Gervais, Fire Marshal, stated that the owners must provide a 20-foot-wide access into their property and a year-round driving surface on the site. RECOMMENDATIONS A. Adopt the resolution starting on page 33. This resolution approves a conditional use permit for the outdoor storage of roll-off containers, trailers and associated materials on the property at 1055 Gervais A venue. The city bases approval on the findings required by the code and subject to the following conditions: 1. All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2. The approved exterior storage is limited to roll-off containers, trailers and vehicles associated with a roll-off delivery business. All vehicles must be licensed and operable. 3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4 4. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 5. The proposed construction and the outdoor storage on the property 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. 6. The city council shall review this permit in one year. 7. The city council may require more parking spaces should the need arise. 8. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street or on Keller Parkway. B. Approve the resolution starting on page 35. This resolution approves a conditional use permit for the construction of a 40 by 49-foot storage building within the M-1 (light manufacturing) zoning district that would be within 350 feet of a residential zoning district (at 1055 Gervais Avenue). This approval shall be subject to the following conditions: 1. The approved exterior storage is limited to roll-off containers, trailers and vehicles associated with a roll-off delivery business. All vehicles must be licensed and operable. 2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 3. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 4. The proposed construction and the outdoor storage on the property 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. 5. The city council shall review this permit in one year. C. Approve the plans dated August 15, 2005, for K and W Roll-offs outdoor storage facility and for a 1,960-square-foot storage building at 1055 Gervais Avenue. The city bases this approval on the findings required by the code. The property owner or applicant shall: 1. Repeat this review in two years if the city has not issued a building permit for this project. 5 2.Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway plans. The plans shall meet the following conditions and shall also meet all the conditions and changes noted in Chuck Vermeersch's memo dated August 26,2005: (1) The erosion control plan shall be consistent with city code. (2) The grading plan shall: (a) Include building, floor elevation and contour information for the site. (b) Include contour information for the land that the construction will disturb. (c) Show sedimentation basins or ponds as may be required by the watershed board or by the city engineer. The pond(s) shall have the required storm water capacity. (d) Show details about the proposed fence including the materials, gate, height and color. (3) The tree plan shall: (a) Be approved by the city engineer. (b) Include an inventory of all existing large trees on the site and shall show where the developer will remove, save or replace large trees. (c) Show the size, species and location of the replacement trees. The coniferous trees shall be at least eight feet tall and shall be a mix of Black Hills spruce and Austrian pine. (d) Be consistent with the approved grading and landscape plans and shall show no tree removal beyond the approved grading and tree limits. (4) The design of the ponding area and the rainwater garden(s) shall be subject to the approval of the city engineer. The developer shall be responsible for getting any needed off-site utility, grading or drainage easements and for recording all necessary easements. b. Submit a certificate of survey for all new construction and have the storage building staked by a registered land surveyor. c. Submit a revised landscape plan to staff for approval which incorporates the following details: (1) All lawn areas shall be sodded. The city engineer shall determine the vegetation within the ponding area. 6 (2) The addition of trees for screening along the north side of the site. (3) The developer shall install landscaping in the ponding area to break the appearance of the deep hole and to promote infiltration. Such landscaping shall be approved by the city engineer and shall be shown on the project landscape plans. (4) The manicured or mowed areas from the natural areas. This shall include planting (instead of sodding) the disturbed areas around the ponding area with native grasses and native flowering plants. The native grasses and flowering plants shall be those needing little or no maintenance and shall extend at least four feet from the ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs and to reduce the temptation of mowers to encroach into the gardens. Specifically, the developer shall have the natural areas seeded with an upland mixture and lowland mixtures as appropriate. (5) In addition to the above, the contractor shall sod all front, side and rear yard areas (except for mulched and edged planting beds and the area within the ponding area). (6) Adding at least six more evergreen trees (Black Hills spruce or Austrian pines) along the north property line of the site. These trees are to be at least eight feet tall, and the contractor shall plant these trees in staggered rows to provide screening for the houses to the north. (7) Shall be approved by the city engineer before site grading and shall be consistent with the approved grading and landscape plans. d. Present to staff for approval colored building elevations or building material samples of the wall panels, standing seam roof, trim, doors, wainscot, and fence slats. These elevations should clearly show the colors and materials of the proposed storage shed. e. A revised site plan showing the driveway with a width of at least 20 feet that is paved between the street and the storage lot. Any gate along this driveway also must open to a 20-foot width. f. The requirement for underground irrigation is waived if the applicants sign an agreement with the City of Maplewood stating that the owners will hand-water all landscaping, and any required landscape material that dies will be replaced. g. If there is to be any additional outdoor lighting, a photometric plan showing that any freestanding lights would not exceed 25 feet in height, including the base, and the light illumination from any outdoor light would not exceed .4 foot candles at all property lines. h. If trash is to be stored outside of the house or the storage building, plans for a trash- dumpster enclosure is required. The enclosure must have gates that are 100 percent opaque, and the materials and colors of the enclosure shall be compatible with those of the metal building. i. A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 7 3. Complete the following before occupying the new building or the site: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards and sod all turf areas. c. Complete all landscaping and tree planting and the rainwater garden(s) (if required). d. Install an in-ground sprinkler system for all lawn and landscape areas of the site unless the applicants: (1)Provide an alternate watering method acceptable to staff to keep the trees and plantings watered. (2)Sign an agreement with the City of Maplewood stating that they will hand-water all landscaping and trees and replace any required landscape material that dies. e. The eight-foot-tall chain link fence must: (1) Have a top rail and have dark green slats around the entire storage yard. (2) Receive a building permit from the city before installation. f. Install an eight-foot-high screening fence and additional trees along the north property line of the site where the vegetation does not adequately screen the new storage shed from the existing dwellings to the north. These additional materials are to ensure there is at least an eight-foot-tall, 100 percent opaque screen on these sides of the site. The location, design and materials of the fence or the additional landscaping shall be subject to city staff approval. g. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The enclosure must match the building in color and materials and shall have a closeable gate that is 100 percent opaque. h. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. (4) Install all required exterior improvements including the parking and storage lot, installation of landscaping, installation of fence slats, installation of the ponding area, etc., before occupying the building. i. If the owners want to install any site-security lighting, they must do so as allowed by the city code. Any light sources, including the lens covering the bulb, shall be concealed or shielded so not to cause any nuisance to vehicle drivers or to adjacent property owners. 8 j. The owners shall keep the buildings (including the existing house and garage) painted or stained and in good repair. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 9 CITIZEN COMMENTS I surveyed the 42 property owners within 500 feet of this property for their comments about this proposal. I received five responses as follows: For 1. Kris and Wes have both shown me the desire to have an organized and efficient storage area for their containers. I see no reason to object to this proposal. (Connell - 1041 Gervais Avenue) Against 1. We are against issuing a permit to establish an outdoor storage area at 1055 Gervais Avenue. I believe this type of business should be in an industrial park, not in a residential area of nearly new, very nice homes. (Reiland - 2447 Cypress Street) 2. See the e-mail message from Pat S. of 2440 Cypress Street on page 24. 3. See the e-mail message from Virgil and LeVina Karl of 1008 Sextant Avenue on page 26. Comments 1. Please see the e-mail from Thomas Giebel (owner of the building at 1081 Highway 36) on page 25. 10 REFERENCE INFORMATION SITE DESCRIPTION Site Size: Existing Land Use: 38,550 square feet (.88 acres) Single dwelling and detached garage SURROUNDING LAND USES North: South: East: West: Single Family Homes Businesses across Gervais Avenue Vacant property planned and zoned M-1 A single dwelling planned and zoned M-1 PLANNING Land Use Plan: Zoning: M-1 (light manufacturing) M-1 (light manufacturing) ORDINANCE REQUIREMENTS Section 44-512(4) requires a CUP for the exterior storage of goods or materials. Section 44-637(b) requires a CUP for any building or exterior use within 350 feet of a residential district. CRITERIA FOR APPROVAL Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. (See findings 1-9 in the resolution on pages 33 and 34.) Ordinance Requirements Section 2-290(b) 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. 11 APPLICATION DATE The city received a complete CUP application for this request on August 15, 2005. Minnesota Statutes, Section 15.99 requires that the city take action within 60 days of receiving a complete application for a land use proposal. Therefore, city action is required on this request by October 14,2005. P: Sec 9/ K and W Roll offs - 2005 Attachments: 1. Applicant's Statement dated August 15, 2005 2. Location Map 3. Address Map 4. Property Line/Zoning Map 5. Site Survey/Plan 6. Site and Landscape Plan 7. Proposed Floor Plan 8. Building Elevations (East and West) 9. Building Elevations (North and South) 10. Memo from Chuck Vermeersch dated August 26, 2005 11. Memo from David Fisher dated July 18, 2005 12. E-mail message dated August 4, 2005 from Pat S. 13. E-mail message dated July 20, 2005 from Thomas Giebel 14. E-mail message dated August 30,2005 from the Karls 15. Fresh Paint Site Plan (from 2000) 16. May 8, 2000 City Council minutes 17. Resolution for a Conditional Use Permit for Exterior Storage 18. Resolution for a Conditional Use Permit for a Commercial Building 19. Project Plans (Separate Handout) 12 Attachment 1 August15,2005 K&W City of Maplewood 1830 County Road BEast Maplewood, MN 55109 ROLL-OFFS RE: Conditional Use Permit 1055 Gervais Avenue E, Maplewood, MN 55109 ,A /If.: 1 S 2005 RECEIVED To Whom It May Concern: We are requesting approval of a Conditional Use Permit for our business. We own K & W RolI- Offs. We deal with immediate disposal of construction and demolition debris. We recently purchased our home at 1055 Gervais to conduct our business. This property is currently zoned, Light Manufacturing. We have been renting and living, in Maplewood for the past 6 % years. We plan to screen this property with 8-foot forest green in color, 'Supreme Privacy' chain link fencing and a 20-foot gate on the South side. We plan to store our equipment empty, which includes 14 roll-off containers, 2 overseas containers, 4 trailers, and 2 trucks. By storing our equipment here we know exactly what is not rented. We have been renting at various locations to store our equipment and there have been times when we have misplaced equipment because we are not sure if it is rented or not. To get this permit for outside storage, our company will flow more smoothly and efficiently. The proposed storage shed is an EPS pre-engineered Solid Core building, which is 40' x 49' with a 23-foot 6-inch ridge height. This storage shed will not have electric, water, or sewer and only an earth floor. It will have mocha tan vinyl siding with a hunter green tin roof. We will install 1 W river rock 3-feet out along the perimeter of the shed excluding the East side. Currently there are seven trees on the property, we will be planting (6) 8' B&B 'Black Hills' Spruce trees, which will be planted 20-feet apart center on center along the Northwest and Southwest corners of the property, along with (2) Arborvitae, "Rushmore" to help screen in the Southeast corner of the property. We have indicated this and more on the Landscape Plan. We understand that the city has a noise ordinance from 7:00 a.m. to 7:00 p.m. Monday through Friday. These hours conform to our business hours. We ask that you approve our request for a Conditional Use Permit and are open to any questions or suggestions you may have. Respectfully, Kristopher Scherping Wesley Scherping 1/ LJ~ 5 ,- I)~ S~ ~ APPLICANT'S STATEMENT 13 Attachment 2 --~ , \, i ! ' ill ' ii' . _- -_ ~St1N:J-y'-R.e.AO.:.c ' I I 'III I I I I II" ' I 7 i .---<- , , ' 1\ ! H' 1 I I I :: )i',.-- I !: l----1 ] I (Ill I ~ .:'_l~~ ' I I I '---'--r'~ IL..J~ -- /.r, '-,'. J' '::' "i' i :-~! ~II I p_" ....- I ;-'.\., J (/ ~-- ..' i ~-- ~I :111-1 6 J( .~~ I \\ ;\ I ,J f ~-~i~ i ..,;j I: 111~liI f---j,;: ' ,'I,'l r---'----L ! ~~. ,- ~o:::B ,[':1, i- i::L /:\,'r ),'iFr~~i '" I I .,J I i I "D . 1 ! i 'It-i i i~ , " " ,dt--->----'~j-----_j illL........J '..:> \ i II i len ~ i I '-'! " _~ ~~~:;;F=;~~>-)~-1::r l~~,~' HI-ARA ~;-:/,J o-J: Iii ~ __ " ,.' , .' i ,',,'----, \ \ N~:.-~-.;-1 r--l ,;.tj.E;..C-fU;Sj' E}Rr .:..... I, I I III ,r L a I' .. I , I! -=-- ,'.... ~.AR ~.<", \. ~III I I' ..... "::.. -=- ~, I I ; I I i Q)I, J -__?J /=~. / -'f'- ~ C'~~~-"""'\ .... '" l-J II1I I . '" ~ A.lIUl'-t.1:: 1"'10 I~, "" V ...----J" "" _ __~. . / ''1'1 II ~ ' . 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GRAPffiO SCALE 20. .J I.. ,. ~~- ] (1II rar) 1 !Dab. _.ao tt.. XlIS1.7 x XUI.. Xll81.> \,,"'-.... X...., x.u X-' x..... ?-IS-6~ i x....... '!HE SOU"1H LINE <:JF"~E SEll" OF '!HE NW1/4 OF 'SEC. 9. T~. '29. R. 22 17 'iJ N SITE SURVEY/PLAN Drainage Pond Grass PROPOSED SCREENING FENCE LJn~ ~Tiersl Truck Truck Proposed Shed 1 v,," River Rock installed 3- ft. on North, West, and South sides Grass 00 Home 1055 Sc..o..\e~ _. . u.___.__ 5//1 78 ;:.;;)O/i .' Th/S Copy Only KfY: Ii; BJa.c..IL'I H ,'Il s Sp rL>C~ B; I1rborvjro...e- / NAushmori' C: EAlstif\S\' ;;'ee~ Gervais Ave {8 nnn Roll-OffContainers D ~ PROPOSED SCRENNING FENCE Class 5 Crushed Limestone ffi Garage Concrete Driveway - ~ t B ~._.-:-- GATE Proposed Concrete Driveway @ ~ o -~ {9 t e Landscape Plan SITE AND LANDSCAPE PLAN 18 Attachment 6 tV o o-/5-0~ ~ { { ~ ,.... ~ ~ ~ I - ~ ~ ~ ~ (;) ~ , I ~ c~ ~ f (;) ~ ~ , f.' I ~ ~ :s:: (;) (:) 0 ~ "'- i.' T ~ - I~ * .. - ^ ~ ~ ~ ~ ~ ~ Attachment 7 I II I I . i i i I = I I I I I I ~ I I i ! , , g-/s-oS- PROPOSED FLOOR PLAN 19 'fr N Attachment 8 EB!:1evatkl1 e--j 5"-0 > II ffi elevatlGfl W PROPOSED ELEVATIONS a1llll__IIlI'IIIr~M/INl5QR5 a.._M'_1O."".1O\WlBl'r:N7.ICI'. lOQIlIMIl1o<<lL1UAIfj /JIDL. .......... __"'-1iII -'_."11III_ .... ........'" -,AGoiIoIIrI1r.w. ~""''''I .._....c..I 1Ioo-..,IIoolw,c ............211 ')~1tIoo LooiI.......1I wu.."'.... 20 Attachment 9 $ EItl!V. 161 -011 $EIe".OI..Q1I aJ e~~ , $E~. 16 t ..QII $EI,4N, 01..Q1I CDe'~ PROPOSED ELEV A TIONS:=~~. -am-L<<A.IQ.lINiGll'l'D'l./IIlU..-r. 21 <2"-/5 -05: --r.-.H........IiIII....,..,. .._lIIolo"........","""""cn....... IIIIIW .......".IIIl,...,..",~........ ..."......~......IIIl...~...... LooI...........r."""'..... .......'-. ~'-"....~Q..............r ~r.-._Mo~1lt~ ..,..LooI..... ~........J) ...............-. . ......c..MIooSJ06_.....Qo~ _ ............._.11.....'-........ ..................0...""-_.... Attachment 10 Enoineerina Review PROJECT: PROJECT NO: CHECKED BY: DATE: K and W Roll off's Chuck Vermeersch, Maplewood Engineering Department August 26, 2005 K and W Roll offs is requesting city approvals to install an aggregate surfaced outdoor storage area and storage building on the property at 1055 Gervais Avenue. The applicants recently submitted a revised site plan with proposed grading and drainage calculations to the city for review. Specific comments and conditions: 1) The storage building shall include commercial rain gutters with the discharge piped to the pond in the northwest comer of the property. 2) The proposed outlet for the pond shows an 8" pipe cemented into the end of the outlet pipe to restrict flow. Any debris that enters the pipe will tend to plug it up. The outlet shall be a 27" concrete structure with a 12" outlet, an 8" vertical orifice inlet, and an overflow grate. With the overflow grate set at 883.75 the ponds 100-year high water level will be 883.9, and the peak outflow will be limited to predevelopment conditions. 3) HDPE pipe may be substituted for the PVC pipe shown on the plan. 4) The top elevation of the berm around the pond shall be at least 884.5 (one half foot additional storage above that shown). The pond shall have a defined emergency overflow on the north side of the pond at an elevation of 884. This emergency overflow shall be reinforced with enkamat, or other equal permanent turf reinforcement 5) Before the city issues a building permit, the applicant shall complete a maintenance agreement for cleaning and maintenance of the pond. The maintenance agreement will be filed as a covenant on the property. A draft of the agreement is included with this review. 22 Attachment 11 Memo From: David Fisher, Building Official July 18, 2005 To: Ken Roberts, Planner Re: 40 X 49 Storage Building at 1055 Gervais Ave Verify the building setbacks comply with the 2000 IBe Table 602 for exterior wall protection. A complete building code analysis will be required when plans are submitted for permit. All new storage buildings over 2000 square feet are required to be fire sprinklered and NFPA 13. This building is 1960 sq. ft. The new building must be built to meet Minnesota State Building Code and 2000 IBC. Provide accessible parking to comply with Minnesota State Building Code 1341 for accessibility. All fences over 6 feet in require a building permit. Provide accessible lever handle door hardware on a 3.0 ft. service door. Provide a 5 by 5 landing with frost footings. Provide building plans, site plan and engineering for structure with the permit application. 23 Page 1 of 1 Attachment 12 Ken Roberts From: PSukhtipya@aol.com Sent: Thursday, August 04,20055:06 PM To: Ken Roberts Subject: 1055 Gervais Mr. Roberts I oppose the project under these three reasons: 1. Noise. It is my biggest concern. My wife and I work late night and sleep during the morning hours. Currently, I have been waking up from time to time from loading and un loading as early as 6 am through 8 am. I very much afraid that this business is going to add greater noise to the neighborhood. 2. Obstruction of traffic. Sometime there are semi's parking and unloading which made it difficult to get through. Gervais Street is not very wide. It does not take much to block the road. 3. The condition of the pavement. Driving to this street now is like going on a roller coaster ride. The street is full of bumps and pot holes. I noticed the city came to patch it from time to time, but it has gotten worse as time go. With all the heavy equipment rolling on to this road, I can't see how it can get any better. I afraid that It will only get worse. I hope my opinion count. Thanks, Pat. 8/512005 24 Page 1 of 1 Attachment 13 Ken Roberts From: TMgiebel@aol.com Sent: Wednesday, July 20,20058:25 PM To: Ken Roberts Cc: MarieGiebel@aol.com Subject: CUP Request for K&W Rolloffs Attachments: ArieIView.jpg; Building Layout A.jpg; Building Layout B.jpg; Site Option A.jpg; Site Option B.jpg; StJohnSouth Rendering Main.jpg; StJohnSouth Rendering Upper View.jpg Dear Kenneth, I am in receipt of your notice dated July 15, 2005 outlining the K&W Rolloffs request for a Conditional Use Permit for the property at 1055 Gervais Avenue in Maplewood. I am the owner of the property directly across Gervais Avenue at 1081 East Highway 36, otherwise known as the Thomas Tool or Phoenix Engineering building. Earlier this year my team of architects and designers submitted a site plan and proposal to the City of Maplewood for renovation of the 1081 East Highway 36 site toward a professional office building. You may recall the plan. It is briefly outlined in the attached .jpg files. I was advised then by my team that upgrading the building as such was 'pioneering' for the area since there still exists some residential and mixed use such as Smileys Bar and Grill, Cardinal Realty and the Highway Hotel just around the corner. 'Pioneering' is a nice way of saying that I would be taking a financial risk by upgrading the building before having a tenant or buyer for the completed project. From my perspective, adding a truck and waste container storage facility in the area does not constitute an upgraded use of the site. This is why K&W must submit an application for a CUP. Further, I am surprised that a pole barn even meets the building codes for the area. The City of Maplewood has a vested interest in seeing that the property development in the area trend toward 'highest and best use.' Once a trend has been started, the surrounding properties tend to follow the trend, for better or worse. I believe that approval of this specific CUP would result in a much lower use than the site should be put to, thus negatively influencing surrounding and adjacent properties and the prospects for their upgrade. Personally, I will advise you that until I know what level of commitment the City of Maplewood Office of Community Development has toward land use in this neighborhood, I will not be planning to invest heavily in the 1081 East Highway 36 site. Today I had a showing at the building by Welsh Companies. They were representing a group whose needs included a parking ratio of 8 cars per 1000 square feet of building space. I can only offer them 4.3 cars per 1000 square feet. My personal opinion is that the site at 1055 Gervais Avenue would better be used as overflow parking for a high traffic facility rather than a truck and waste container storage area. I look foward to hearing from you regarding the scheduled planning commission or city council meeting dates when this matter can be addressed more fully. Please feel free to call me if you have any questions regarding this correspondence. Sincerely, Thomas M. Giebel, President TMG Properties, LLC 612-210-4321 7/21/2005 25 Attachment 14 Ken Roberts From: Sent: To: Subject: Ikarl@mmm.com Tuesday, August 30,200510:18 AM Ken Roberts RESPONSE TO: NEIGHBORHOOD SURVEY: K AND ROLL OFFS - 1055 GERVAIS AVENUE,MAPLEVVOOD Office of Community Development City of Maplewood 1830 County Road BEast Maplewood, MN 55109 Phone: 651-249-2319 Attn: Kenneth Roberts, Planner Dear Kenneth, Thank you for the letter and attachments regarding Kristopher Scherping & Wesley Scherping, representing K and Roll-Offs. requesting approval of a Conditional Use Permit on the property; 1055 Gervais Avenue, Maplewood, MN. We strongly OPPOSE this request. Their letter dated August 15, 2005 stated that they recently purchased their home on 1055 Gervais Avenue to conduct their business. It seems like they should have gotten the Conditional Use Permit for their business BEFORE they purchased their home and property. The homes built in our area (1008 Sextant Avenue) are valued between $295,000 and $550,000. The project Kristopher & Wesley Scherping are requesting at the back of the property on 1005 Gervais Avenue faces the back of our property as well as several other properties. We do not want to look out our windows and see roll-off containers, overseas containers, trailers, trucks and a large shed. And, we DO NOT APPROVE of the use of this property for all of the traffic, debris and noise it would entail. We also OPPOSE the use of the existing Drainage Utility Easement as part of the 50 foot set back that is required. In their original request, they talked about the removal of the 3 White Oak trees. Nothing was said in this request about these trees being removed. We STRONGLY OPPOSE any Oak trees being removed... they have taken many years to reach the stature they have now. The (6) 8' B&B 'Black Hills' Spruce trees they plan on planting w ill take many years to be of any use in shielding the view of the structure they plan on building. They mention the noise ordinance... there is excessive noise already in this area due to the commercial buildings already on Gervais Street. The trucks start up about 5:00 A.M. and this is a problem in a residential area that is so close to these companies. Another commercial business in this area certainly will not be a help to the noise problems. Therefore, please put us on record that we STRONGLY OPPOSE this in its entirety and DO NOT approve their request for the Conditional Use Permit that they desire. Thank you. Virgil E. Karl and LeVina M. Karl 1008 Sextant Avenue St. Paul, MN 651-766-8884 lkarl@mrnm.com Tel: (651) 733-0650 26 :\'='0.0' . E:'1~.I&.' \.UoIt'fl;. ~. .- o . Eo"- ISTi n:WJ.l~ QolI. ~.~'. "lCD.a'.. NEI4 OffICE. bUlL.Dll'4G. ' t S ~ '0 ~ jlS~" OF-1'iiL I -9-9 -, r7----, '1Ol'-1Sr.<:;4.'1 I '..J'O e:!;."': ~-.._' . --i~'t " . =~.,~. "__,__-1 --_.:~:.:- .......... .... - ~ ---- :- Il-Il<:o _~~\IAlS AVENUE . JSO.o' ~ .~ -0 .<A ;n r o { ~ ~ ~ ~ tJ ., ~ '>~~< ~ ~i~~1 "U~ 2 '" , aa ~ ~~~h ~~t;,,&; ~~~:~ ~3~gll l.>~ffi<~ i;i<~~~ w.l~ <I- ~~~~S- ~ _Jl::o~" Q c: ) .. o M o. 5 CD i! o ijj 0.lX.. o '0 '" CD 'C C ~ -0 o o 3 CD. a. _I-- 0 .EZ~ ~::;:: ~ 1J....... c '5Q.~ c:J <(. Cl>~", t> .... a fE ~^ 2: 0_, Cl> 3WU> ~~:B <(LL~ n SITE PLAN .!!I' ci r ;,. ~ - I ~<5.1 <l- S ~ 27 Attachment 15 ~ N Attachment 16 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 8, 2000 Council Chambers, Municipal Building Meeting No. 00-09 A. CALL TO ORDER: A regular meeting of the City Council of Maple wood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE: C. ROLL CALL: Robert Cardinal, Mayor Sherry Allenspach, Councilmember Kenneth V. Collins, Councilmember Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Present Present Present Present Present 4. 7:30 P.M. (8:48 P.M.) Conditional Use Permit and Design Review - Fresh Paint Warehouse (lOSS Gervais Avenue) a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Haider introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Trippler presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Mike Trenon, 2474 Adele Street Sherill Benjamin, 2473 Adele Street Mike Westermeier, 2458 Adele Street Thomas Hart, Winthrop and Weinstine, Attorney Representing the Project Tom Schafthausen, Sanas Capital Investments f Mayor Cardinal closed the public hearing. A. Conditional Use Permit Councilmember Koppen moved to adopt the following Resolution. approving a conditional use permit for Thomas Schafthausen of Sanas Capital Investments to construct an office/warehouse building on the property at 1055 Gervais Avenue. This request needs this permit because the new building would be closer than 350 feet to 28 1 a residential district. The city bases the approval on the findings required by code and is subiect to the following conditions: RESOLUTION 00 - 05 - 056 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Tom Schaflhausen, of Sanas Capital Investments, applied for a conditional use permit to build an office/warehouse facility in an M-1 (light manufacturing) district closer than 350 feet to a residential district. WHEREAS, this permit applies to the property at 1055 Gervais Avenue. The legal description is: Subject to Bedell Road (Gervais Avenue), the East 150 feet of the South 2904/10 feet of the Southeast 1/4 of the Northwest 1/4 of Section 9, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. WHEREAS, the history ofthis conditional use permit is as follows: 1. On April 17, 2000, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on May 8, 2000. 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, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 29 2 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped January 20, 2000, except that the owner shall remove the garage from the site. The existing house shall be painted or sided to match the new building. 2. The proposed construction 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 city council may require additional parking in the future if the council determines that there is a need for additional parking on the site. 5. There shall be no outdoor storage of vehicles, equipment, materials or supplies, except the personal vehicles of the employees, permitted on the site. 6. Except in the event of a bona fide emergency, the applicant's commercial traffic and vehicles shall use Gervais Avenue and the Highway 61 frontage road for access to this site. The applicant or owner shall use all reasonable efforts to insure that commercial vehicles under its control do not use Cypress Street for access to or from this site. 7. The normal hours of operation shall be from 7 a.m. to 7 p.m., Monday through Saturday, although the foregoing shall not prohibit employees or representatives of the applicant, owner, or its tenants from being on the site outside the foregoing hours. Such activities and site visits shall be conducted in a manner to avoid unnecessary noise and shall not cause a nuisance to the nearby residential properties. 8. The lighting on the site shall be wall or post-mounted and shall shine toward the site. 9. Clean the site by removing all vehicles, unused and inoperable equipment, debris and all other unused/unusable items. 10. If the city council allows the house to stay on the property, then the occupants of the house shall have a direct business connection with the business on the site. In addition, the house shall not be rented to or sold to any person or party that does not have a direct business relationship with the business on the property. The owner shall notify city staff on any change of tenant notify and/or request an amendment to the Conditional Use Permit if changed to commercial use. The Maplewood City Council approved this resolution on May 8,2000. Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach, Collins and Koppen Nays - Councilmember Wasiluk Abstain - Mayor Cardinal 3 30 B. Design Approval Councilmember Koppen moved to approve the plans date-stamped January 20.2000. for the Fresh Paint facility at 1055 Gervais Avenue. based on the findings required by code. The property owner or applicant shall: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit for the new office/warehouse, complete the following: a. Have the community design review board (CDRB) approve a screening plan for the area on the west side of the proposed parking lot between the proposed building and the existing house. This screening must be at least 80 percent opaque and at least six feet tall. The screening requirement may be met with a berm, a fence, plantings or a combination of design and materials. b. Submit a grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet all ordinance requirements. The grading and storm water plans shall direct all impervious surfaces (roofs, driveway and parking areas) to the south and into a storm sewer that the developer connects to the existing city system to the west of the site. c. Submit a building-color scheme of neutral colors to city staff for approval. d. Get a demolition permit from the city and remove the existing garage and house. If the city council allows the house to stay on the site, then get a demolition permit for the garage. e. Submit a lighting plan as required by the code showing the light spread and fixture design for site lights. The light fixtures must have concealed lenses and bulbs to properly shield glare from the residents. 3. Complete the following before occupying the new office/warehouse building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. Restore and seed or sod any and all disturbed ground such as the areas of driveway or blacktop removal. Remove all old driveway entrances and restore with sod. c. Provide handicap-accessible parking spaces as the ADA (Americans with Disabilities Act) requires. Install a handicap-parking sign for each handicap-parking space. d. Screen all roof-mounted equipment visible from adjacent residential properties. Such equipment visible on non-residential sides must be painted to match the building color. (code requirement) e. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The enclosure must match the building in color and materials and shall have a closeable gate that is 100 percent opaque. 4 31 f Install an in-ground sprinkler system for all lawn areas on the front and on the sides of the new office/warehouse building and on all sides of the existing house. g. Provide site-security lighting as required by the city code. The light source, including the lens covering the bulb, shall be concealed or shielded so not to cause any nuisance to vehicle drivers or to adjacent property owners. There shall be no lighting on the back of the building unless required by the building code. h. Post the west side of the new driveway and the west side of the parking area for "no parking." i. Install continuous concrete curb and gutter around all parking areas and the driveway. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city detennines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June I if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach, Collins and Koppen Nays - Councilmember Wasiluk Abstain - Mayor Cardinal 5 32 Attachment 17 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Kristopher Scherping, representing K and W Roll-offs, applied for a conditional use permit (CUP) to have an outdoor storage area. WHEREAS, this permit applies to property at 1055 Gervais Avenue. WHEREAS, the legal description of the property is: The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038) WHEREAS, the history of this conditional use permit is as follows: 1. On September 6, 2005, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On , 2005, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 33 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2. The approved exterior storage is limited to roll-off containers, trailers and vehicles associated with a roll-off delivery business. All vehicles must be licensed and operable. 3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday and on Sunday as required by city code. 5. The proposed construction and the outdoor storage on the property 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. 6. The city council shall review this permit in one year. 7. The city council may require more parking spaces should the need arise. 8. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street. The Maplewood City Council approved this resolution on 2005. 34 Attachment 18 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Kristopher Scherping, representing K and W Roll-offs, applied for a conditional use permit (CUP) to construct a commercial building within 350 feet of a residential district. WHEREAS, this permit applies to property at 1055 Gervais Avenue. WHEREAS, the legal description of the property is: The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038) WHEREAS, the history of this conditional use permit is as follows: 1. On September 6, 2005, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On ,2005, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 35 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. The approved exterior storage is limited to roll-off containers, trailers and vehicles associated with a roll-off delivery business. All vehicles must be licensed and operable. 2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 3. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday and on Sunday as required by city code. 4. The proposed construction and the outdoor storage on the property 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. 5. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on 2005. 36 MEMORANDUM TO: FROM: SUBJECT: APPLICANT: DATE: Community Design Review Board Shann Finwall, AICP, Planning Sign Code Revision City of Maplewood September 7, 2005 After several months of sign code revision input from the Community Design Review Board (CDRB), city staff presented the board with a revised draft sign code during the June 28, 2005, CDRB meeting. During the last meeting the board discussed and resolved all but two issues. This memorandum will discuss those remaining issues as well as outline a timeline for completion of the code. Unresolved Issues 1. Off-Site Real Estate Signs: Off-site real estate signs not exceeding three square feet in area may be placed on the public right-of-way. No part of such sign shall be closer than five feet to the street pavement or one foot to a sidewalk or trail. Real estate signs are limited to one per intersection for each separate real estate listing and are only allowed from 2:00 p.m. on Friday until 8:00 p.m. on the last day of a weekend. Comment: It was the consensus of the board that these off-site signs need to be visible to potential home buyers throughout the week so people can plan what open houses they wish to attend during the weekend. It is also important to promote the business of real estate property sales in Maplewood. The code should be changed to allow the signs any time. Discussion: City staff indicated that the single-family directional real estate signs are some of the worst violators of the temporary sign code. Many of these types of signs remain within the boulevard and at intersections for months at a time, until a house is sold. The board discussed how this portion of the code could also pertain to a large subdivision as well as open house and directional signs for single-family houses. There was no consensus on this portion of the code. The city's current code allows off-site real estate signs of three square feet or less to be placed on the public right-of-way from 12 noon until 8 p.m. on weekdays and from 6 a.m. on Saturday until 8 p.m. on the last day of a weekend. In addition, the current code allows off-site real estate signs of more than three square feet (up to 64 square feet in area) that advertise housing developments. These signs must be placed on private property, Le., a developer would have to obtain permission from a property owner to construct the off-site sign. Recommendation: Staff recommends that the off-site real estate sign code pertaining to signs of three square feet or less differentiate between open-house and directional signs. Open house signs within the right-of-way should be allowed during the open house only (whether it is on a weekend or a weekday) and directional signs should be allowed from Thursday until the last day of a weekend. Staff also recommends including the current code which allows for off-site real estate signs which are larger than three square feet in area, with a maximum of 32 square feet in area, for housing developments. These types of signs could be placed in any zoning district as long as they are placed on private property and are removed when at least 90 percent of the dwelling units have been built. 2. Wall Signs: For multiple tenant buildings, the wall surface for each tenant or user shall include only the surface area of the exterior facade of the premises occupied by such tenant or user. Comment: What about multi-level buildings? Discussion: The current and proposed code would require all multi-tenant buildings with five or more tenants to obtain a comprehensive sign plan. This plan would ensure the proper placement of all proposed wall signs. However, for multi-level buildings with four or less tenants the current and proposed code would require each tenant to place their wall sign on the exterior of their tenant space. This could lead to wall signs located haphazardly on a multi-level building. Recommendation: Staff recommends adding language to ensure that multi-level buildings with four or less tenants have wall signage that is consistent and strategically placed on the building. One way of ensuring this would be to require these types of buildings to obtain a comprehensive sign plan. Another way would be to specify exactly where the wall signage could be place, i.e., only on the bottom or top floor of the building. Proposed Timeline Kevin Christianson has joined the Community Development Department as a planning intern. Kevin will be working part-time until at least December to assist the city in the completion of the sign code among other things. Kevin will be attending the September 14, 2005, community design review board meeting. With Kevin's assistance, I propose the following timeline for the completion of the sign code: Task Date 1. 2. Finalize Draft Code Public Comment 0Neb Page, Random Mailings, Articles, etc.) September 28 Begin - October 17 End - November 23 Begin - October 17 End - November 23 December 13 January 2006 February 2006 3. Attorney Review 4. 5. 6. Compile Data and Present to CDRB Revise Draft Code as Needed Based on Above City Council Review Summary Please review and be prepared to comment on the above-mentioned items at the next meeting. 2