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HomeMy WebLinkAbout04/27/1999BOOK AGENDA MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD April 27, 1999 6:00 P.M. City Council Chambers Maplewood City Hall 1830 East County Road B 1. Call to Order 2. Roll Call 3. Approval of Minutes - April 13, 1999 4. Approval of Agenda 5. Unfinished Business 6. Design Review a. Pep Boys Automotive Center- South of 2570 White Bear Avenue 7. Visitor Presentations 8. Board Presentations 9. Staff Presentations a. Resolution of Appreciation for Marv Erickson b. Reminder: CDRB Volunteer for the May 10 Council Meeting is Tim Johnson c. CDRB Volunteer Needed for May 24. 10. Adjourn p:com-dvpt~cdrb, agd WELCOME TO THIS MEETING OF THE COMMUNITY DESIGN REVIEW BOARD This outline has been prepared to explain the review process of this meeting. The review of an item usually follows this format. 1. The chairperson of the meeting will announce the item to be reviewed. 2. The chairperson will ask the applicant or developer of the project up to the podium to respond to the staff's recommendation regarding the proposal. The Community Design Review Board will then discuss the proposed project with the applicant. 3. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. 4. After everyone is the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. 5. The Board will then discuss the proposal. No further public comments are allowed. 6. The Board will then make its recommendations or decision. 7. Most decisions by the Board are final, unless appealed to the City Council. You must notify the City staff in writing within 15 days to register an appeal. jw\forms\cdrb.agd Revised: 11-09-94 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA APRIL 13, '1999 CALL TO ORDER Chairperson Erickson called the meeting to order at 6 p.m. I1. ROLL CALL Marvin Erickson Present Marie Robinson Present ^nanth Shankar Present Tim Johnson Present Matt Ledvina Present III. APPROVAL OF MINUTES March 9, 1999 Boardmember Johnson moved approval of the minutes of March 9, 1999, as submitted. Boardmember Ledvina seconded. The motion passed. IV. APPROVAL OFAGENDA Ayes--all VI. Boardmember Shankar seconded. The motion passed. UNFINISHED BUSINESS There was no unfinished business. DESIGN REVIEW A. Ayes--all Comprehensive Sign Plan Revision--Crown Plaza, 1700 Rice Street John Dietrich, of Nash Finch Company, requested that the board reconsider the decision on this variance request. He said Buy-N-Save is testing a new concept in retail operation with three stores-one in Maplewood, Brooklyn Park and Albert Lea. Mr. Dietrich thought that continuity in signage would help improve their chances for consumer recognition. He said considerable time and corporate resources have been invested in this design. Also, the design and coloring of the sign are consistent with signs inside the store and also used in their advertising. As the major anchor tenant for Crown Plaza, Mr. Dietrich said it was important that this store "be successful for the sake of the whole center." He added that their sign company cannot find a way to achieve the same visual impression using channel letters. Boardmember Robinson moved approval of the agenda as submitted. Community Design Review Board Minutes of 04-13-99 -2- Mr. Dietrich said the other two Buy-N-Save stores are freestanding stores. He stated that he was told of the comprehensive sign plan in Maplewood before leasing the space, but was given an indication that the cabinet sign would not be a problem. Mr. Dietrich had a letter from the landlord supporting the proposed sign. Boardmember Shankar pointed out that since these are the first three stores, the company has not set a precedent yet in establishing an image based on the outside signage. Mr. Dietrich answered that much of their material has been prepared with this logo and design. Boardmember Robinson stated that the review board was looking at this request from a consistency standpoint on what was required for this shopping center and code. She thought the store might be able to meet these objectives, perhaps by checking with another sign company. Mr. Dietrich said items have been ordered and he did not want to confuse the consumer by changing the identity of this store. Secretary Tom Ekstrand said that if the board denied this request, the applicant could appeal to the city council. He added that there was a 15-day appeal period. Chairperson Erickson said that, because Maplewood has a sign code requirement for shopping centers, it was difficult for the board to deviate from this code. He said that other applicants have presented similar reasons for requesting amendments to the sign code. Mr. Erickson understood but said it was too inconsistent for the board to grant these requests. Mr. Dietrich claimed there are situations where major anchor stores in malls are exempted from similar codes. Boardmember Robinson was concerned that granting this would be setting a precedent as a board after having denied previous requests. Boardmember Ledvina moved the Community Design Review Board · Deny the request by Stuart R. Deuring, of the Nash Finch Company, that the city revise the comprehensive sign plan for the Crown Plaza shopping center to allow two cabinet- type signs for the Buy-n-Save store. Denial is because cabinet signs are inconsistent with the style of signage in use at Crown Plaza and would be noticeably different which would be contrary to the purpose and intent of the city's sign code. B. Revision of the comprehensive sign plan for the Crown Plaza shopping center as follows (deletions are crossed out): For consistency, all wall signs for the Crown Plaza tenants shall be individual letters ...... at .... ~, ...... th~ ......... u,, m~,y b~ o s;,~,. Sign height shall not exceed 36 inches. Signs shall not extend closer than 36 inches to the sides of the tenant's store front. These signs shall be placed on the designated sign band. 2. Signage for the two automotive buildings shall comply with Condition One. 3. Burger King signage shall comply with code. 4. Signs are not allowed on the awnings. Boardmember Johnson seconded. Community Design Review Board Minutes of 04-13-99 -3- Mr. Dietrich mentioned that the Burger King store in this mall has similar signage. Chairperson Erickson pointed out that Burger King is a "stand-alone" building and does meet the sign criteria. Ayes--all The motion passed. B. Election of 1999 Chairperson and Vice Chairperson Chairperson Erickson announced that this would be his last meeting. The increased workload with his new job has made it difficult for him to commit the time needed. He said he has enjoyed working with the board, liked this type of involvement and complimented staff on doing an excellent job. The members, in return, showed their appreciation for Mr. Erickson who has been on the board since 1987. He did tell the board that he would come back after he retires. Boardmember Robinson said she is seriously thinking of moving and, thus, would prefer not to have the vice-chair position in case she does move out of Maplewood. Boardmember Shankar nominated Matt Ledvina for chairperson and Tim Johnson for vice- chair. Mr. Shankar said he has been very busy with his job and would only consider being vice-chair. Mr. Johnson nominated Mr. Shankar for vice-chair. Mr. Johnson said he was up for a promotion at Home Depot and wasn't sure how his schedule would be affected by this new position. Mr. Ledvina said he would accept the position of chairperson. Boardmember Robinson seconded the motion for Mr. Ledvina as chairperson and Mr. Shankar as vice-chair. Ayes--all The motion passed. VII. VISITOR PRESENTATIONS There were no visitor presentations. VIII. BOARD PRESENTATIONS A. April 12 City Council meeting: Mr. Ledvina reported on this meeting. B. Ms. Robinson will attend the April 26 city council meeting. Mr. Johnson will attend the May 10 council meeting. X. ADJOURNMENT - The meeting adjourned at 6:40 p.m. MEMORANDUM TO: FROM: SUBJECT: LOGATION: DATE: City Manager Thomas Ekstrand, Associate Planner Pep Boys Automotive Center South of 2570 VVhite Bear Avenue Apdl 21, 1999 INTRODUCTION Project Description Pep Boys Automotive Centers are proposing to build a Pep Boys automotive service garage and auto parts store on White Bear Avenue south of NTB (National Tire and Battery, 2570 White Bear Avenue). Refer to the enclosed plans and the attachments on pages 10-12. The proposed building would be one story tall and have an exterior of brick, rock-face concrete block and E.I.F.S. (Exterior Insulation Finish System). Requests The applicant is requesting that the city approve: 1. A 55.5-foot wetland buffer variance. The applicant is proposing a buffer that ranges from 44.4 to 86 feet. The city code requires a 100-foot-wide setback (wetland buffer) from the wetland edge behind the proposed building. The wetland buffer is to protect the adjacent wetland to the east that the Ramsey-Washington Metro Watershed District has classified as a Class 1 wetland. Class 1 wetlands are those with conditions and functions most susceptible to human impact, are most unique, have the highest community resource significance and similar characteristics. 2. A conditional use permit (CUP) for a maintenance garage. Refer to the applicant's letter on pages 13-20. 3. The architectural, site and landscape plans. DISCUSSION Wetland Buffer Variance This proposal is essentially the same as the National Tire and Battery variance request in 1997. The council granted NTB a wetland-buffer variance to encroach within 40 feet of the wetland edge--the applicant would encroach to within 44.5 feet of the wetland. The council granted NTB their wetland-buffer variance because: 1. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The difficulty was created by the new ordinance. 2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the quality of the wetland buffer substantially over its present state. The reasons are the same to support the Pep Boys request. The main benefit is that the applicant would improve the quality of the buffer and provide a storm-water/pm-treatment pond for improving the runoff quality before it enters the wetland. The Ramsey-Washington Metro Watershed District staff has accepted the proposed grading and drainage plan including the wetland-buffer reduction. (Refer to the letter on page 21 .) As a condition of granting this variance, the city should require that the developer dedicate the entire easterly portion of the site as a wetland buffer. The code requires a wetland buffer already. Including the high ground in the southeast quadrant of the site would ensure that there would be no future development of the site that would impact the wetland. Conditional Use Permit The proposed Pep Boys meets the findings for CUP approval and would be compatible with the existing development in the area. Design Considerations Building Aesthetics The proposed building design would be compatible with the surrounding development. There would be brick detailing on the front and sides. The rear elevation, however, is proposed to be smooth concrete block. Staff feels that the applicant should revise this back view to be a rock- face block as proposed on the front and sides of the building and as required of NTB. The rear elevation should also be painted to match the color and pattern shown on the front and sides. Landscaping The landscaping would be attractive and the plantings proposed by the wetland would be attractive and beneficial to the wetland quality. All landscaped areas should be served by lawn irrigation except for the plantings proposed adjacent to the wetland. An in-ground lawn irrigation system in this area would further disturb the wetland buffer. The water table in this area is high enough to offset any benefit gained by lawn irrigation. The applicant is meeting the tree-removal/replacement code. The code requires the replacement of the 15 large trees that would be removed. The landscape plan accomplishes this with the 31 new trees that are proposed. The applicant's landscape designer will look into whether there is room to add trees next to the neighboring building to the south. The neighboring property owner requested some trees for a visual buffer. Increased Buffer The site plan should also be revised to increase the setback from the south lot line to provide a wider buffer from the neighboring professional building. The applicant felt they could revise the plan to increase this setback by five feet by narrowing the northerly green strip and shifting everything to the north. Parking The applicant is meeting the parking code with the proposed 101 spaces. The code requires 95. 2 Roof-Eauipment Screenina Roof-top mechanical equipment, that is visible from roadways or nearby properties, must be painted to match the building. The city code no longer requires individual screens around such units. The community design review board (CDRB) may require building designs that hide these units, however. Lot Combination The three lots and vacated streets comprising this site should be combined as one legally- described parcel before the building permit is issued. This is necessary since the building official requires a lot to meet setbacks from lot lines. The building, therefore, cannot overlap lot lines. Cross Easements This site will share a driveway access and a parking lot connection with NTB. The applicant should get cross easements with NTB before obtaining a building permit. This may have been handled when NTB built, if not, the applicant should obtain this easement. COMMITTEE ACTIONS Apdl 19, 1999: The planning commission recommended approval of the wetland-setback variance and the CUP. RECOMMENDATIONS A. Adopt the resolution on pages 22 and 23. This resolution approves up to a 55.5-foot wetland buffer variance for the proposed Pep Boys Automotive Center south of 2570 White Bear Avenue. Approval is based on the following findings: 1. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The difficulty was created by the new ordinance. 2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the quality of the wetland buffer substantially over its present state. 3. The Ramsey-Washington Metro Watershed District has accepted the applicant's grading and drainage plan and the wetland-buffer encroachment. 4. The city council approved a similar variance for National Tire and Battery for the lot to the north in 1997. Approval is subject to the applicant dedicating a wetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the 3 city will issue a building permit. The wetland-buffer easement shall cover all of the site east of the parking lot curbing. Adopt the resolution on pages 24 and 25. This resolution approves a conditional use permit for a maintenance garage at the proposed Pep Boys Automotive Center south of 2570 White Bear Avenue. Approval is based on the findings required by the code and subject to: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 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. There shall not be any outdoor storage of materials or discarded tires, parts or refuse. Thero shall not be any over-night outdoor storage of vehicles. 5. The applicant shall submit a landscape plan to staff for approval of the plantings in the wetland buffer area. Approve the plans, date-stamped March 5, 1999, for proposed Pep Boys Automotive Center south of 2570 White Bear Avenue, based on the findings required by the code. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall: ao Dedicate a wetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer, except for required landscaping and seeding. The applicant shall record the deed for this easement before the city will issue a building permit. The wetland-buffer easement shall cover all of the Pep Boys property east of the parking lot curbing. b. Revise the site plan by widening the southerly landscaped strip by five feet. This five-foot widening is derived from narrowing the northerly green area by five feet. c. Submit grading, drainage, utility and erosion control plans to the city engineer for approval. do Revise the rear building elevations to provide rock-face concrete block, instead of fiat concrete block, painted to match the color and detailing on the front and sides of the building. e. Combine the three lots and two vacated street rights-of-way that comprise this site into one legally-described parcel. 4 f. Dedicate and record cross easements for access between Pep Boys and National Tire and Battery if this easement has not yet been established. 3. applicant shall complete the following before occupying the building: Install a reflectorized stop sign at the southerly exit and a handicap-parking sign for each handicap parking space. b. Post a "no left turn" sign at the southerly curb cut. c. Provide continuous concrete curb and gutter all around the parking lot and driveways. d. Paint the rooftop mechanical equipment to match the building color if the units are visible. (code requirement) e. Construct the trash dumpster enclosure using the same materials and color as the building. This enclosure shall have a 100 percent opaque gate. f. Install an in-ground lawn irrigation system for all landscaped areas except for the planted areas by the wetland behind the building. (code requirement) g. Install signs at the edge of the wetland-protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. h. Provide site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if: o The a, ao bo The city determines that the work is not essential to the public health, safety or welfare. The city receives a cash escrow or an irrevocable letter of credit 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 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. This approval does not include the signs. sign permit process. All work shall follow the approved plans. approve minor changes. Signage will be reviewed by staff through the The director of community development may 5 CITIZENS' COMMENTS I surveyed the 21 property owners within 350 feet of this site. There were five replies. Replies 1. Pep Boys is a very good automotive center and would be an asset to the community. (property owner, 2390 White Bear Avenue) 2. The nature of this business would not cause any problems with us. We would welcome them in the community. (Redeeming Love Church, 2425 White Bear Avenue) We have never objected to any projected construction before, but we would have a suggestion this time. It seems something other than an auto service would be best suited next to professional buildings. We would not be happy to see such a development next door. How about an office building, office depot, restaurants, etc. (Walt Parsons, Maplewood Dental Specialists, 2480 White Bear Avenue) I would say that they should receive no other advantages than we have if we have no left turn onto White Bear Avenue. Also I feel that with another competitor for my tenants it could cause our value to be diminished. I feel as an auto mall we are doing all the car services and having more competition could be a negative to our center. (Brian Pellowski, White Bear Avenue Auto Center LTD Partnership, 2525 White Bear Avenue) 5. We have no objection. (CB Richard Ellis, management company for MapleRidge Shopping Center, 2515 White Bear Avenue) REFERENCE INFORMATION SITE DESCRIPTION Site size: 4.4 acres Existing land use: Outside storage yard for Mogren Brothers landscape materials and a single dwelling SURROUNDING LAND USES North: NTB, Mogren Brothers Landscaping and a multi-tenant office building South: Professional Building West: White Bear Avenue, Rainbow Foods and MapleRidge Center East: Undeveloped wetlands PAST ACTIONS Other Wetland Setback Variance Approvals February 26, 1996: The city council approved a 75-foot wetland setback variance for Lexus on Highway 61. Code required 100 feet. Lexus was required to provide an improved-quality 25-foot-wide buffer in lieu of the poor-quality 100-foot-wide buffer that was there. December 9, 1996: The city council approved a 50-foot wetland setback variance for Maplewood Imports on Highway 61. Code required an average of a 100-foot setback from the wetland edge with a minimum of 50 feet. The council allowed Maplewood Imports to build up to the wetland edge. December 9, 1996: The council approved a 60-foot wetland setback variance for Frank Wienicki of General Sprinkler. Code required 100 feet. Apdl 14, 1997: The council approved a 60-foot wetland setback vadance for National Tire and Battery on White Bear Avenue. Code required 100 feet. May 11, 1998: The council approved a 50-foot wetland setback variance for Hill-Murray High School. Code required 100 feet. September 28, 1998: The council approved an 80-foot wetland setback variance for the Ramsey County Baffle Creek Park Aquatic Facility. The code required 100 feet. Street Vacation Approvals August 10, 1998: The city council vacated Demont Avenue and German Street with the approval of the Maplewood Eye Clinic building (under construction). 7 PLANNING Land Use Plan designation: BC (business commercial) Zoning: BC Ordinance Requirements Section 36-151 (b)(9)(c) requires a CUP for maintenance garages. Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot-wide wetland buffer for the proposed site. Section 25-70 of the city code requires that the CDRB make the following findings to approve plans: 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. 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. 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. Findings for Variance Approval State law requires that the city council make the following findings to approve a variance from the zoning code: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship," as used in granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Criteria for Conditional Use Permit Approval Section 36-442(a) states that the city council may approve a CUP, based on nine standards. (See findings 1-9 in the resolution on pages 24 and 25.) p:secl l\pepboys.cup Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's Letter dated March 5, 1999 5. Letter from Pat Conrad dated April 8, 1999 6. Variance Resolution 7. Conditional Use Permit Resolution 8. Plans date-stamped March 5, 1999 (separate attachments) Attachment 1 North Hozelwo.od Park Z AVE. RAMS~ COUNTY COURT KOHLMAN AVE. WOODLYNI :[. MAPLE )KS ;EX JS DEMONT BROOKS AVE. z ~ Z Z EDGEHILL RD. GERVAIS CT. E. Knu~¢od Loke /z.---~t AVE. 0 0 Z Park John Glenn AVE. LOCATION 10 AVE. COPE AVE. MAP RD. ~acnmen~ ~ -- -- AUTO CI ~APLERIDGE SHOPPING OENTER 'SUPER Al LANDSCAPING RAINBOW FOODS. c o N N-::.':.I:~: · AVE. L- ENTB PROPOSED PEP BOYS SITE i C-r~(t') F _ . _ ]'~_ -,/- - SINGLE DWELLING SINGLE DWELLING I , ~) EYE CLINIC DENTAL CLINIC (30> ' ..o~ss,o.^~ R3 i~-~I ~ mima, , BUILDING I ~'~ m.~ ~, - _ -.-. ........ I I ~.,,~. ~" i~l~ ~) ~/ o AVE..© our~ O'F ~1~1 PROPERTY LINE I ZONING MAP 9 ~ N Attachment 3 WETLAND PROFESSIONAL I ...... , , BUILDING SITE PLAN 12 EDWARD GENE N. FULL.ER JOt'f; E. D~EHL LARKIN, HOFFMAN, DALY & LINDOREN, LTD. ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (612) 835-3800 FAX (612) 896-3333 Attachment 4 March 5,1999 Mr. Tom Ekstrand City of Maplewood Associate Planner 1830 East County Road B Maplewood, Minnesota 55109 Rc: Pep Boys, White Bear Avenue, Maplewood, Minnesota - Application for a Conditional Use Permit, Wetland Buffer Variance, and Community Design Review Board Approval Our File No. 23,416-04 Dear Tom: Pep Boys has contracted to purchase three parcels of land ("Site") at 2500 White Bear Avenue in the City of Maplewood, Minnesota ("City") for construction of a new Pep Boys automotive center ("Project"). The Site includes 4.3464 acres. The majority of the Site is vacant and is used by Mogren Landscaping Company to store concrete blocks and other material and equipment. The south parcel (Parcel C) is occupied by a single story frame residence and shed. The Site has two existing curb cuts to and from White Bear Avenue, one at the northwest comer of the property and another at the southwest comer of the property. The eastern portion of the Site includes one jurisdictional wetland that was delineated in the field on November 19, 1998 by Peterson Environmental Consulting, Inc. ("PEC"). The PEC Wetland Delineation Report, dated December 15, 1998, is submitted to the City as part of Pep Boys' zoning application. Ramsey-Washington Metro Watershed District has submitted separate correspondence to the City approving the wetland delineation. 13 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Tom Ekstrand March 5, 1999 Page 2 The PEC Wetland Delineation Report classifies the wetland as a predominantly seasonally flooded palustrine emergent (PEMC; Circular 39 Type 3 inland shallow fresh marsh) and saturated palustrine scrub shrub (PSSB; Circular 39 Type 6 shrub swamp) basin. The wetland plant community is dominated by gray dogwood, reed canary grass and nan'ow-leaf cattail. The surrounding uplands are dominated by Kentucky bluegrass and Canada goldenrod. As described in the PEC Wetland Delineation Report, grading activity on the east side of the Site has resulted in the creation of a large linear spoil pile. This spoil pile lies approximately 15 feet west of the wetland on the north side of the Site. The distance between the wetland and the spoil pile increases as you move south through the Site. Surrounding Land Uses The Site is located in a substantially developed commercial area. To the north is the recently constructed National Tire and Battery ("NTB"), Mogren Brothers Landscaping and a multi-tenant office building. To the south is a medical office facility. To the west is White Bear Avenue and Mapleridge Center. To the east is undeveloped wetlands and townhomes. Project Description The proposed Pep Boys facility will consist of the retail sale of automotive parts, automobile accessories, and assorted household items related to automobiles. The facility will also include minor automotive repair services as an accessory use to retail sales. The motor vehicle services proposed to be performed at the facility will include: tire, battery and vehicle accessories installation; tune-ups, shocks and struts service; lubricant and oil work; vehicle inspection; repair and replacement of engine support systems, but not core engine removals; wheel balancing, alignment and suspension; brake work; exhaust system service; and air conditioning service. There will be no body work, painting or collision repair work, or major repair, rebuilding or reconditioning of engine blocks or transmission removal. Motor fuel will not be sold on the premises. All service work will take place inside the building in the twelve-bay service area. There will be no overnight outside storage of vehicles. Project hours of operation have not been finally determined, but it is anticipated that the facility will be open during these approximate time periods: Monday through Friday - 8:00 a.m. to 9:00 p.m.; Saturday - 8:00 a.m. to 8:00 p.m.; and Sunday - 9:00 a.m. to 6:00 p.m. Based on past experience with comparable facilities, Pep Boys will employ approximately 30 to 40 full- time and part-time employees at the facility. The exterior of the facility will consist of painted split-face concrete masonry block ("CMU") which is similar in material, color and texture to other buildings located in the immediate surrounding area. Painted accent stripes on the face of the building will break up the CMU wall at the front facade and provide architectural interest. The canopy over the front entrance doors will provide down-lighting from within which will illuminate the main storefront entrance at night. The CMU parapet extending above the roof line on the north, west and south elevations will screen the mechanical rooftop equipment from view. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Tom Ekstrand March 5, 1999 Page 3 Stormwater runoff from all Project impervious surfaces will be routed through a stormwater pond located between the parking lot curb and edge of wetland at the northeast comer of the Site. Ramsey-Washington Metro Watershed District staff requested that the pond be sized to fit in this location rather than placing the pond in the open area located to the south and east of the on-site wetland. This better preserves the undisturbed natural state of that area. Treated stormwater exits the pond through an 18-inch RCP outlet and an overland swale and discharges into the wetland. Consistent with watershed district criteria, the pond will treat 100% of the runoff for a one-year storm event. The pond outlet is designed for the ten-year storm event and the overland swale is designed to accommodate the 100-year storm event. The proposed buffer distance between the wetland and the edge of the curb varies from a minimum of 44.5 feet to a maximum of 86 feet. This buffer area will be vegetated with native grasses, trees, and shrubs. The requested wetland buffer variance will be discussed in greater detail in a subsequent section of this letter-memorandum. As described in the introductory paragraphs of this letter-memorandum, the Site includes an empty lot currently being used for storage of landscaped material and a single-family home. The vacant lot has been cleared and contains little or no vegetation. The home site contains just under one-half acre of woodland. Most of the significant trees on the Site are cottonwood and pine. There are only twelve large trees on the Site that meet City criteria (trees over eight-inch diameter except cottonwood, boxelder and poplar). This woodland is under the one-half acre City threshold for tree replacement. However, the submitted landscape plan contains substantially more than the five trees that would have been required for replacement of a one-half acre woodlot. Native species, such as pussy willow, river birch, red maple, redtwig dogwood and northern red cedar will be planted at the rear of the Site adjacent to the wetland. These plantings will provide screening and supply food and shelter for wetland wildlife. Bark mulch will be used around trees and shrubs in the pond and wetland buffer area. In addition, red maple, red oak and honey locust will be planted throughout the Site. Rock mulch over landscaped fabric will be used in all landscape areas around the building and parking lot. Disturbed areas between the proposed parking area and wetland will be seeded with native grasses and forbs. Green space elsewhere on the Site will be sodded and irrigated. Existing Site Zoning and Guiding and Necessary Zoning Approvals for the Project The Site is currently guided and zoned Business Commercial (BC). The retail automotive sales function of the Project is a permitted use in the BC Business Commercial District (Maplewood Zoning Ordinance, § 36.151(a)(3)). A "motor vehicle accessory installation center" is also a permitted use in the BC District (Zoning Ordinance, § 36.151 (a)(10)). 15 LAP, KIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Tom Ekstrand March 5, 1999 Page 4 A "maintenance garage" is a conditional use in the BC District (Zoning Ordinance, § 36.151 (b)(9)). The Zoning Ordinance defines "maintenance garage" as "a building for the maintenance or repair of motor vehicles. This definition does not include a motor vehicle accessory installation center for motor vehicle wash." The automotive service function of the Project is classified as a "maintenance garage" in the Zoning Ordinance. Therefore, approval of a conditional use permit is necessary for construction of the Project. Pep Boys has applied to the City for approval of the necessary conditional use permit. Ramsey-Washington Metro Watershed District and the City classify the on-site jurisdictional basin as a Class 1 wetland. Class 1 wetlands are those with conditions and functions most susceptible to human impacts, are most unique, have the highest community resource significance and similar characteristics. (Maplewood City Code, § 9-196.) For Class 1 wetlands, the Maplewood City Code requires a 100-foot minimum buffer width, a 100-foot average buffer width and a 1 O-foot building foundation setback from the outer edge of the buffer. Pep Boys proposes a wetland buffer that ranges from a minimum of 44.5 feet to a maximum of 86 feet as measured from the wetland edge to the closest point of ground disturbance. Therefore, approval of a 55.5-foot wetland buffer variance is necessary for construction of the Project. Pep Boys has applied to the City for approval of the necessary wetland buffer variance. The Project also requires Community Design Review Board review and City Council approval of architectural, site and landscape plans. Pep Boys has applied to the City for necessary design review approvals of Project plans. The balance of this letter-memorandum addresses ordinance criteria for approval of the requested conditional use permit and wetland buffer variance. Conditional Use Permit Ordinance Criteria The proposed Project complies with Zoning Ordinance standards for issuance of a conditional use permit as follows: · The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. The Project is guided and zoned for Business Commercial use. The proposed retail sales and automotive service uses are consistent with the Comprehensive Plan land use designation and Zoning Ordinance classification. On April 14, 1997, the Maplewood City Council found the northerly adjacent NTB facility, a similar type of land use, to be consistent with the Maplewood Comprehensive Plan and Code of Ordinances. · The use would not change the existing or planned character of the surrounding area. The Project is compatible with the existing surrounding land uses. Most of the neighboring properties are developed or planned for commercial or office use. Existing or planned residential properties are located a substantial distance from the portion of the Site proposed to be developed for the Project. 16 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Tom Ekstrand March 5, 1999 Page 5 · The use would not depreciate property values. The Project is not expected to affect property values in the surrounding area. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water runoff, vibration, general unsightliness, electrical interference or other nuisances. The major portion of the proposed facility will be dedicated to the retail sale of automotive parts, automotive accessories and assorted household items related to automotive care. Only minor automotive repair services will be performed in the facility as described in previous sections of this letter- memorandum. All repair work will occur within an enclosed building. There will be no body work, painting or collision repair work performed on the premises. No overnight outside vehicle storage will be allowed. The Project will include twelve vehicle service bays wholly contained within the structure. Access to these bays will be through one overhead entrance door located on the west side of the building. This service entrance door will be painted to match the masonry color. There will be no outside open storage of used tires, used automobile fluids or used parts. Used parts and fluids are stored in the principal structure. All refuse and used tires will be wholly contained within a new refuse/tire enclosure on the south-central portion of the Site that will be built of material compatible with the building. A modular block retaining wall to be designed by a qualified professional engineer will also be located along the south property line. Pep Boys has an active corporate environmental compliance group that implements programs that meet or exceed local, state and federal codes. The company has an extensive recycling program, including waste oils, tires, batteries, corrugated cardboard, antifreeze, refrigerants, and aluminum, glass and paper where local pickups are available. Service bays are cleaned nightly with a scrubbing machine. All bays slope inward so as to contain any minor spills or leaks. Only domestic waste flows into the sanitary sewer system. · 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. The proposed Project generates minimal vehicular traffic. Adjacent roadway systems have adequate capacity to accommodate projected Project traffic. Two curb cuts to White Bear Avenue are proposed. The first is a full access shared driveway at the northwest comer of the Site. The second is a right in/out only at the southwest comer of the Site. This secondary access is in approximately the same location as the existing curb cut to Parcel C. 17 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Tom Ekstrand March 5, 1999 Page 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. The Site is served by adequate public facilities and services. Water and sewer systems and streets have adequate capacity to accommodate the Project. · The use would not create excessive additional costs for public facilities or services. The Site is zoned and guided for Business Commercial use. The Project is consistent with the existing zoning and guiding. Public facilities and services have been designed to accommodate the proposed Business Commercial land use. No major public improvements are required. Therefore, the Project does not create excessive additional public facilities or services costs. · The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. A significant portion of the Site has been previously graded and is currently used for storage of landscape material and equipment. There are relatively few large trees on the Site as defined by City ordinances and the existing woodland does not meet City tree replacement criteria. However, the submitted landscape plan shows substantial new plantings, including native species at the rear of the property adjacent to the wetland. These plantings will provide screening for the residences and supply food and shelter for wetland wildlife. The Site includes a Class 1 wetland. The wetland will not be impacted by the Project. Previous grading on the property has resulted in the creation of a large spoil pile within the 100-foot wetland buffer required by the City Code. As described throughout this letter-memorandum, much of the existing 100-foot setback from the wetland edge is not an adequate buffer. The proposed Project will improve protection of the wetland by creation of a water quality treatment pond to pretreat runoff from a one-year storm event prior to discharge to the wetland. Currently, there is no treatment of existing stormwater runoff from the disturbed areas on the Site. · The use would cause minimal adverse environmental effects. The Project will not adversely impact the environment. As described above, the Class 1 wetland will be preserved and protected by a high quality buffer ranging from 86 feet to 44.5 feet. A new water quality treatment pond will pretreat Project runoff prior to discharge to the wetland. Native plants, trees and shrubs will be installed in the areas of the Project adjacent to the wetland. All service and repair activities will occur within an enclosed building. The Project will comply with all applicable code requirements. Wetland Buffer Variance Ordinance Criteria The proposed Project complies with Zoning Ordinance standards for issuance of a wetland buffer variance as follows: 18 LAP, KIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Tom Ekstrand March 5, 1999 Page 7 (1) Strict enforcement of the City ordinances would cause undue hardship because of circumstances unique to your property. Undue hardship means that: (a) you cannot put your property to a reasonable use under City ordinances; (b) your problem is due to circumstances unique to your property that you did not cause; (c) the variance would not alter the essential character of the area; and (2) the variance would be in keeping with the spirit and intent of the ordinance. The proposed Project requires a variance from the City wetland ordinance. The wetland ordinance requires a 100-foot buffer from the edge of the Class 1 wetland on the Site as measured from the wetland edge to the closest point of ground disturbance. Pep Boys proposes a buffer distance between the wetland and edge of the curb varying from a minimum of 44.5 feet to a maximum of 86 feet. This buffer area will be vegetated with native grasses, trees and shrubs. The variance is necessary for construction of the proposed facility on the Site. Due to the location and configuration of the wetland, it is also likely that a similar wetland buffer variance would be necessary to construct other business commercial uses allowed under existing zoning and guiding. To construct this proposed facility, Pep Boys must be able to access both the front and the back of the building with customer and delivery vehicles and must have the number of service bays and parking stalls shown on the submitted plans. The proposed site plan provides the least buffer encroachment of the feasible and practicable alternative layouts examined by Pep Boys. In evaluating Zoning Ordinance criteria, it is important to note that much of the existing buffer has been disturbed and consists of a large linear spoil pile. The watershed district has confirmed that the existing poor quality 100-foot-wide buffer does not provide the water quality treatment intended to be achieved by strict adherence to the City wetland ordinance. Pep Boys proposes to create a stormwater pond between the parking lot curb and edge of the wetland at the northeast comer of the Site. The pond will treat 100% of Project runoff from a one-year storm event consistent with watershed district criteria. This will improve the ability of the proposed buffer area to protect wetland water quality. Essentially, the proposed site plan provides a high quality buffer as opposed to the existing non-effective poor quality buffer. This is consistent with the spirit and intent of the wetland ordinance. In addition, issuance of the variance is consistent with previous action taken by the Maplewood City Council under similar circumstances. On April 14, 1997, the Maplewood City Council approved a 60- foot wetland buffer variance for NTB. This variance involved the same wetland complex, a variance of comparable magnitude, and a similar basis for approval. On February 26, 1996, the City Council approved a 75-foot wetland setback variance for Lexus on Highway 61. The Code required a 100-foot wetland buffer. Lexus was required to provide an improved quality 25-foot-wide buffer in lieu of the poor quality existing 100-foot-wide buffer. 19 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Tom Ekstrand March 5, 1999 Page 8 On December 9, 1996, the City Council approved a 50-foot wetland setback variance for Maplewood Imports on Highway 61. The Code required an average of a 100-foot setback from the wetland edge with a minimum of 50 feet. The City Council allowed Maplewood Imports to build up to the wetland edge. Finally, on December 9, 1996, the City Council approved a 60-foot wetland setback variance for Frank Wienicki of General Sprinkler. The Code required a 100-foot wetland setback. Mr. Wienicki proposed to build on the south side of County Road D east of Highway 61. If you have any questions concerning this letter-memorandum or the Pep Boys application generally, please feel free to give me a call. Sincerely, Linda H. Fisher, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. CC.' Nick Aspras, Pep Boys Tom Ryckman, Casco Corporation Jennifer Posma, Hansen Thorp Pellinen Olson 0472413.01 20 Attachment 5 Ramsey -Washington Metro District Linda Fisher, Esq. Larkin, Hoffman, Daly, & Lindgren. Ltd. 7900 Xerxes Avenue, Suite 1500 Norwest Financial Center Bloon'fington, MN 55431 1902 East County Road B Maplewood, MN 55109 (651) 704-2089 fax (651) 704-2092 e-mail: rwmwd~mtn.org RE: Permit #9%09, Pep Boys Automotive Center Dear Ms. Fisher: At your request, I am sending this letter to state the Watershed District's position on the Pep Boys wetland setback variance request to the City of Maplewood. The Watershed District reviews and offers technical advice to the City of Maplewood for its wetland ordinance, including the wetland setback ordinance. In reviewing the Pep Boys plan, the District came to the conclusion that a variance should be supported for the following reasons: The existing buffer to the wetland was highly degraded due to storage of landscape material, paved surfaces, exposed soil, etc. The Pep Boys proposal would not destroy any valuable habitat or reduce any other functions and values of the wetland. The construction of the stormwater basin within the buffer, as we discussed, is not considered by the Watershed District to be an impact to the buffer. The purpose of the stormwater basin is to treat runoff from the adjacent parking area prior to its discharge to the wetland. This is also one of the functions of the wetland buffer, so the Watershed District does not consider stormwater basins as a wetland buffer impact. I should point out that a very critical component of the District's acceptance of this variance setback was the applicant's agreement to leave undeveloped the upland peninsula into the wetland. This is located at the very southeast corner of the site, which is an area of high-value upland habitat adjacent to the wetland. In the District's opinion, we did not want to see this area impacted. The Watershed District did approve the Pep Boys permit application with only two special provisions relating to stormwater management. Please contact me at 651-704-2089 if you have any questions. Sincerely, Patrick Conrad Senior District Technician C: Tom Ekstrand, City of Maplewood Chris Cavett, City of Maplewood Brad Lindaman, Barr Engineering 21 Attachment 6 VARIANCE RESOLUTION WHEREAS, Pep Boys Automotive Center applied for a vadance from the zoning ordinance. WHEREAS, this variance applies to property south of 2570 White Bear Avenue. The legal description is: Parcel A: That part of the South 4 acres of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, which lies Eastedy of the centerline of White Bear Avenue and Southerly of the North 216.00 feet, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Parcel B: That part of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the centerline of White Bear Avenue, except the South 495 feet thereof, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Parcel C: The North 150 feet of the South 495 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the centerline of White Bear Avenue except that part of the above described premises formerly known as and described as Lot 24, Block 1, Florence Park, now vacated, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot-wide wetland buffer. WHEREAS, the applicant is proposing a wetland buffer ranging from 44.5 to 86 feet. WHEREAS, this requires a vadance of 55.5 feet. WHEREAS, the history of this vadance is as follows: 1. On Apdl 19, 1999, the planning commission recommended that the city council approve this variance. The city council held a public headng on ,1999. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the headng an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance as recommended by the city staff that would allow no more than an 55.5-foot encroachment into the normally-required 100-foot wetland-protection buffer for the following reasons: Stdct enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The difficulty was created by the new ordinance. 2. The vadance would be in keeping with the spidt and intent of the ordinance, since the applicant would improve the quality of the wetland buffer substantially over its present state. 3. The Ramsey-Washington Metro Watershed Distdct has accepted the applicant's grading and drainage plan and the wetland-buffer encroachment. 4. The city council approved a similar vadance for National Tire and Battery for the lot to the north in 1997. Approval is subject to the applicant dedicating a wetland-buffer easement. This easement shall descdbe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a building permit. The wetland-buffer easement shall cover all of the site east of the parking lot curbing. The Maplewood City Council adopted this resolution on ,1999. Attachment 7 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Pep Boys Automotive Centers applied for a conditional use permit for a motor vehicle maintenance garage for the new Pep Boys automotive-service center: WHEREAS, this permit applies to property on the east side of White Bear Avenue south of 2570 White Bear Avenue. The legal description is: Parcel A: That part of the South 4 acres of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, which lies Easterly of the centerline of White Bear Avenue and Southerly of the North 216.00 feet, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Parcel B: That part of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Eastedy of the centerline of White Bear Avenue, except the South 495 feet thereof, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Parcel C: The North 150 feet of the South 495 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the centerline of White Bear Avenue except that part of the above described premises formerly known as and described as Lot 24, Block 1, Florence Park, now vacated, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: On April 19, 1999, the planning commission recommended that the city council approve this permit. On ,1999 the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. 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 based on the building and site plans. The city approves this 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. 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 runoff, 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 shall follow the site plan approved by the city. The director of community development may approve minor changes. 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. There shall not be any outdoor storege of materials or discarded tires, parts or refuse. There shall not be any over-night outdoor storage of vehicles. 5. The applicant shall submit a landscape plan to staff for approval of the plantings in the wetland buffer area. ,1999. The Maplewood City Council adopted this resolution on TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Thomas Ekstrand, Associate Planner Resolution of Appreciation for Marv Erickson Apdl 19, 1999 INTRODUCTION I attached a resolution of appreciation for Marv Edckson. Marv recently resigned as a member of the Maplewood Community Design Review Board after serving 12 years---from February 9, 1987 to Apdl 13, 1999. RECOMMENDATION Adopt the attached resolution. pcom_dvpt~cdrbres.app(6.2) RESOLUTION OF APPRECIATION WHEREAS, Marv Erickson has been a member of the Maplewood Community Design Review Board since February 9, 1987 and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgement; and WHEREAS, Marv has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Marv has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Mary Erickson is hereby extended our gratitude and appreciation for his dedicated service and we wish him continued success in the future. Passed by the Maplewood City Council on , 1999. George Rossbach, Mayor Passed by the Maplewood Community Design Review Board on April 27, 1999. Matt Ledvina, Chairperson Attest: Karen Guilfoile, Clerk