Loading...
HomeMy WebLinkAbout05/01/2007 MAPLEWOOD PLANNING COMMISSION Tuesday, May 1,2007, 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. April 3, 2007 5. Public Hearings 7:00 Conditional Use Permit - Costco (North Side Beam Avenue, west of Bruce Vento Trail) 7:20 Conditional Use Permit Revision - Keller Lake Convenience (2228 Maplewood Drive) 7:45 Conditional Use Permit Revision - Corner Kick Soccer Center (1357 Cope Avenue) 6. New Business None 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations April 9 Council Meeting: Mr. Yarwood April 23 Council Meeting: Mr. Trippler May 7 Special Council Meeting: Mr. Yarwood May 14 Council Meeting: Mr. Walton June 11 Council Meeting: ?? 10. Staff Presentations Third South Maplewood Study Area Meeting: May 10, 2007 (Carver Elementary School) Annual Tour Date: July 30, 2007?? 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 1, 2007 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Absent Present Present Present Present Present Present Staff Present: Tom Ekstrand, Senior Planner Erin Laberee, Assistant City Engineer Ken Roberts, Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Mr. Roberts requested an addition under Staff Presentations to discuss the next planning commission meeting date. Commissioner Trippler moved to approve the agenda as amended. Commissioner Yarwood seconded. Ayes - Fischer, Hess, Pearson, Trippler, Walton, Yarwood The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for April 3, 2007. Chairperson Fischer had clarifications to pages 5, 8, 9 and 10 of the April 3, 2007, minutes. Chairperson Fischer had a clarification to page 5, in the ninth paragraph, first sentence, change thatto tl. On page 8, in the eighth paragraph, first line, reword the sentence to read Chairperson Fischer asked that in trying to minimize water flow off of the site will the city be okay with the restrictions we now have in place. On page 9, in the fourth paragraph, second line, at the end of the sentence, after transit way insert tl may change tl:1at-from strictly. In the fifth paragraph, third line, after the word listed, add under developinq communities. On page 10, in the fourth paragraph, first line, at the end of the sentence, change verses to versys. Planning Commission Minutes of 05-01-07 -2- Commissioner Pearson moved to approve the planning commission minutes for April 3, 2007, as amended. Commissioner Hess seconded. Ayes - Fischer, Hess, Pearson, Trippler, Yarwood Abstention - Walton The motion passed. V. PUBLIC HEARING a. Costco, Conditional Use Permit (North Side Beam Avenue, west of Bruce Vento Trail) (7:07 - 7:45 p.m.) Mr. Ekstrand said Costco Wholesale Corporation is proposing to build a 158,000-square-foot membership warehouse/retail building on the north side of Beam Avenue, at the easterly side of the recently approved Mogren Retail Addition planned unit development (PUD). The proposed store will include a 5,200-square-foot tire center and a 4,000-square-foot liquor store. There would also be a freestanding gasoline station for Costco members in the southwest comer of the site. December 18, 2006, the city council approved the Mogren Retail Addition preliminary plat and PUD for the former golf course property. The proposed Costco site was an anticipated part ofthis PUD. The council also adopted a resolution ordering the public improvements for the development. February 12, 2007, the city council approved the Mogren Retail Addition final plat. Residents west of Maplewood Toyota have requested that there be a sidewalk along the south side of the Mogren Retail Addition development (on the north side of Beam Avenue) to get to Costco. Because of wetlands and limited right-of-way width on the south side of the Carmax site, it is not feasible to install a sidewalk from Highway 61 to Country View Drive and Costco. As part of roadway improvements approved for this area, there will be sidewalks provided on the north side of Beam Avenue from Country View Drive to Hazelwood Street and from Beam Avenue to County Road D to the north. There is an existing bituminous trail already on the south side of County Road D from Highway 61 to Hazelwood Street. Therefore, there will be pedestrian access available from the homes west of Highway 61 to this property. Commissioner Walton asked how would someone get to the sidewalk across Highway 61 at County Road D, will there be a pedestrian bridge there? Mr. Roberts said there will not be a bridge; pedestrians would have to cross the road with the change of stoplight to get to the Costco location. Mr. Ekstrand said staff had received two comments/concems about the proposal from nearby property owners. One was regarding the sidewalk connection staff mentioned and the other was from Hubbard Broadcasting that requested that the city not allow a parking waiver and that there be adequate spill protection in the fuel station area. The applicants gave staff verification and some evidence that Costco feels that this space will meet their needs and the parking count comes close to meeting the city's parking code. Planning Commission Minutes of 05-01-07 -3- Staff is recommending approval of the conditional use permit for Costco. Commissioner Trippler said he had a great deal of difficulty reading the elevations on the plans that were provided, but if he reads them correctly, the elevation of the ponds were at 865 feet and the elevation at the fueling station is 873 feet which is an 8-foot difference between potential ground water elevation and the top of the ground. He said he contacted Erin Laberee from the engineering department today because he was extremely concerned about burying fuel tanks in the ground water. He said there are ways to engineer this situation so you overcome the pressure those tanks would have sitting in the ground water. He said he contacted the Minnesota Pollution Control Agency and spoke to a tank specialist and they said that they would look at this very closely if in fact the fuel tanks are in the ground water. Originally that whole area was a wetland that was filled in to make the golf course and he would expect that the ponds on the north side next to County Road D define where the ground water is within a foot or two. Ms. Erin Laberee, Maplewood Assistant City Engineer, addressed the commission. The water elevation in those ponds does not necessarily dictate the ground water elevation. A soil boring will need to be done to determine where the ground water level sits. She doesn't believe it's at the same elevation as the water level and the ponds are. Commissioner Trippler said that didn't make sense because those are all organic and peat soils and he sees no reason why the ground water elevation and that part of the facility would be any different than the northern part of the facility unless there is some sort of a clay layer that runs through there. Ms. Laberee said the water in the ponds would not come through the ground to fill the ponds. The water in the pond is being piped through the storm sewer and not coming from the ground into the pond. It's coming from the storm sewer system and into the pond and held in the pond. Commissioner Trippler asked if the pond is concrete or clay lined so that the water that runs into it doesn't seep into the ground water? Ms. Laberee said any water that's in the ponds will infiltrate down until it hits ground water. Commissioner Trippler said the issue is you put a 500 to a 1,000 gallon fuel tank below ground and if there is ground water around the tank, when that tank gets near empty it's going to want to buoy up because it's sitting in the ground water. For example, he knows in the state of Florida 80 to 90% have ground water at less than 8 feet from the surface, so he knows accommodations can be made for fuel tanks below ground, so he assumed that could be done and engineered. If the city is going to approve this fuel facility, he thinks there should be very very strong engineering requirements and there needs to be safeguards required by the city in place so the developer doesn't just dig a hole and put the tanks in and call it good. Ms. Laberee said she understands Commissioner Trippler's concerns. The developer will have to provide those details to the city regarding how the fuel tanks will be constructed and where the ground water is located, but so far those details have not been provided but the city will work with the developer very closely on this project. Commissioner Hess said a few months ago we reviewed the Carmax proposal in this location and he asked if the location of the two 48-inch and the 30-inch pipes run through this area? Planning Commission Minutes of 05-01-07 -4- Mr. Ekstrand said those pipes you referred to run through the Carmax site and would not impact the Costco site. Commissioner Hess said Costco is asking for fewer parking spaces and he wondered what the required parking stalls were for the city code. Mr. Ekstrand said Costco is asking for 39 fewer parking spaces than what the city code requires but is showing 32 proof-of-parking stalls. The city code is for a 9 foot 6 inch wide parking space and the applicant will have 10-foot-wide parking stalls. Should there be a real parking concem at Costco; the parking lot could be restriped with smaller parking spaces in order to gain additional parking spaces throughout the site. Chairperson Fischer said in the staff report on page 14, under the parking waiver paragraph, it states the site plan delineates 730 parking stalls with an additional 55 shown as proof-of-parking and she asked why that was different from what staff had indicated in the staff report. Mr. Ekstrand said he wondered the same thing though that would be a good question for the applicant when they have the opportunity to come forward and address the commission. He said he counted the parking spaces on the site plan and came up with 32 proof-of-parking spaces. Commissioner Trippler said to clarify things, the commission won't be dealing with lighting concerns on the site because that will be reviewed by the CDRB. His concern is that he didn't see anything in the staff report that justified why Costco should be allowed to have taller light poles than what the city code allows. Mr. Ekstrand said the CDRB will be reviewing the lighting concerns. Staff didn't see a justification why Costco needs such taillight poles either. His recommendation to the CDRB is to deny the request until sufficient data is provided to staff. The city code is for light poles 25 feet in height. The applicant may be able to discuss that this evening. Commissioner Trippler asked if he understood that the planning commission should vote on the building and site-design plans? Mr. Ekstrand said the planning commission should vote on the CUP for the fuel sales and tire service center. The CDRB will vote on the parking, lighting and comprehensive sign plan. Commissioner Trippler said regarding the sidewalks, is the Bruce Vento Trail north of Beam Avenue open for public use? Ms. Laberee asked if he meant the trail on County Road D? Commissioner Trippler said he was referring to the Bruce Vento Trail. Mr. Ekstrand said yes, the trail is open and paved. Commissioner Trippler said the last time he was on the trail there was a large gate closing the trail. Planning Commission Minutes of 05-01-07 -5- Ms. Laberee said she would have to check on that. For some reason she thought it might still be closed. Commissioner Trippler asked if people from the west of Highway 61 walk along County Road D, will they be able to access the trail off of County Road D? Ms. Laberee said yes people can access the Bruce Vento Trail. Commissioner Trippler asked if someone would have to go around the intersection of Hazelwood Street to get to the trail? Ms. Laberee said no. Mr. Roberts showed a drawing on the overhead. There is a pedestrian ramp or trail on the west side of the Bruce Vento Trail pointing to the northwest toward the new County Road D. Commissioner Trippler said if people wanted to get to Beam Avenue from County Road D and it got too busy to go by Costco, another alternative would be to take the trail south or go to Hazelwood Street. Commissioner Walton said somewhere in the report there was great detail regarding the fuel tanks and how they are built to be indestructible. He asked if there was any evidence that these tanks ever leak? Mr. Ekstrand said the applicant may be able to address that. Commissioner Walton said he lives west of the Maplewood Toyota dealership so he is familiar with the area and the intersection of Beam Avenue and Highway 61 and he feels this area is unsafe. He hears accidents from his window there when people try to cross there. To cross the street you need to press the pedestrian crossing button and the light only stays lit for a few seconds so it's very difficult to cross there. It probably isn't a bad idea to reroute pedestrians to County Road D. Maybe that intersection at Beam Avenue and Highway 61 could be improved for safety reasons. Mr. Roberts said that road improvement for the intersection is in the plan as part of the Beam Avenue/Country View Drive road project for this year. Commissioner Walton said he was unaware of that. There was a comment on page 29 of the staff report from Ron Leaf with SEH, under the Construction Staging, that he wanted clarification on which states For the rain gardens, this could be in the form of a diversion structure at the upstream end or an adjustable overflow riser which can be set at a lower elevation during the establishment period and then raised to the final design elevation upon final stabilization. Ms. Laberee said when construction is underway and the storm pipe is in the ground, you don't want to route water into the rain garden and into the infiltration areas because it could become sediment laden, and in order for plants to establish you don't want to be running water through there. Ron Leaf is suggesting that water be diverted during the construction. Planning Commission Minutes of 05-01-07 -6- Commissioner Trippler said regarding Ron Leaf's comments under operation and maintenance, he asked how that would be maintained, does staff have those same concerns and have you been working with the applicant to get those concerns worked out? Ms. Laberee said we asked that the applicant present information to staff on how those are to be maintained and what the maintenance plan is to give a detailed list of how that should happen. Chairperson Fischer asked the applicant to address the commission. Mr. Ted Johnson, President of TJ Design Strategies, 2311 West 23rd St., Oak Brook, Illinois, representing Costco, addressed the commission. He said he is the developer for the Costco projects in the 14 Midwest states. Costco is seeking approval for the fueling facility and approval for the tire center. Regarding the tire center, there is no outside tire storage at Costco. Within the tire center, there is a storage area where used tires are stored, and once a week a local recycling vendor removes the used tires to be recycled. The fuel station is not a 24-hour a day fueling facility and the fuel station is for Costco members only. The hours of operation are 6 a.m. until 1 0 p.m. and only two grades of gasoline are sold, and this is a cashless fuel facility. The Costco members must use a Costco membership card to activate the fuel pump and then use a debit, American Express or Costco credit card to pay for the gas. Costco will be seeking an unattended permit from the state fire marshal's office. However, Costco will have an employee at the location during the hours of operation to help a Costco member who may be having a problem with the card machine; they may direct traffic on the site but would not pump any gas into vehicles. Regarding the water table on the site, we are still looking at the site. We don't like to put underground fuel tanks under the water table. In can be engineered but it's very expensive. If we encounter that during the course of our investigation, Costco will be coming back to Tom Ekstrand with a revised site plan having this at a different location. The facility is a state-of-the-art facility. The fuel tanks are made of double-walled fiberglass. The entire distribution system from the tanks up to the pipe is also made of double-walled fiberglass. There are safety factors, monitors and sumps included in the system design. Should any fuel leaks occur, the entire system shuts down until Costco can find out what occurred. The reason Costco goes to these extremes is that Costco is self-insured, and we don't have an insurance company backing Costco if there are any problems. If there is a problem on a Costco site, it's Costco's responsibility, so the fuel tanks have to be designed and constructed properly from the beginning. Commissioner Pearson asked if the employee who will monitor the facility will be trained to trouble shoot alarms and problems that could occur at the facility? Mr. Johnson said the Costco employee would be required to go through safety training before they are assigned to work at the fuel facility. There are a number of locations where there are gas shutoffs that Costco members could even get to should there be some type of gas spill. Commissioner Walton asked why Costco wants a fueling station here? Is a fuel station something Costco has to have at their stores? Mr. Johnson said if Costco were to build in Maplewood without a fueling facility the question would arise why do other Costco stores have a gas station but we can't get fuel here? So Costco does this to provide a service to its members. Gasoline will be sold at this location for 8 to 10 cents less per gallon than the major brands. Planning Commission Minutes of 05-01-07 -7- Chairperson Fischer asked if the applicant had any questions for the planning commission? Mr. Johnson said no. Commissioner Trippler asked why Costco is proposing 37Y>-foot-talllight fixtures compared to what the city ordinance is? Mr. Johnson said Costco finds that we get a much better light distribution with the taller light pole. It does increase the number of light poles on the site. We did an analysis in Madison, Wisconsin, and typically Costco has about 39 light poles on their site. The shorter the light pole, the more hot spots you get in the parking lot. With a higher light pole, Costco is able to get a much more uniform foot-candle throughout the parking area. Costco uses shoebox fixtures and flat lenses, so you don't see the source of the light and the light glare. 90% of the lights in the parking lot will be turned off at 10:00 p.m., so the lights are not on throughout the evening hours. There is also a 10% annual energy savings. Commissioner Trippler asked if you drive down Beam Avenue would you see light glare with a 37Y>-foot-talllight pole? Mr. Johnson said you wouldn't see the source of the light so you wouldn't see the light glare. Commissioner Hess said it looks like there are some pretty big signs going up on the fuel canopy at 16' x 1.8'. Mr. Johnson said the signs are 25 square feet on each side. Commissioner Hess asked if that would be on all four sides of the fuel canopy? Mr. Johnson said yes. Commissioner Hess asked if those fuel signs would be left on 24-hours a day? Mr. Johnson said the signs are shut off 1 hour after the station closes. There will be a limited number of canopy lights left on, just enough to get a foot-candle reading so that the security cameras can see the pump area. Commissioner Hess said regarding the height of the light fixtures, are those metal halide lights? Mr. Johnson said yes. Commissioner Hess asked if those are at a higher foot-candle output compared to a sodium vapor, which is the yellowish light fixture? Mr. Johnson said the metal hay light presents a very white light versus the yellow tint. Commissioner Hess said it's a more intense light than the subdued yellow sodium vapor. If you have a higher light fixture, you need to have a higher density light to get the foot-candles you need on the ground. Planning Commission Minutes of 05-01-07 -8- Mr. Johnson said if the lights were 24 feet tall or 35 feet tall, you are still looking at a 400 watt metal hay light. Commissioner Hess said he thought those light fixtures had a higher light glare ratio than the sodium vapor lights, so when you travel down the road you might get more glare from those lights compared to the other light style. Mr. Johnson said in years past that may have been the case, today they have substantially lessened light pollution so these shoebox lights with flat lenses, the technology is that you don't see that light glare. If you think of the lights at the mall, those are 1 OO-foot-talllight poles where you actually see the light source. With that style of light you are going to see light glare. At the CDRB meeting he said he would present cut sheets of this. These are now night-friendly lights, and the lights are strictly down lighting the parking lot. Commissioner Walton said regarding Lieutenant Kevin Rabbett's comments in the staff report on page 3, it states "It is difficult to determine if the entrance/exit off of Beam Avenue is "protected" by the existing median divider strip. I would hope that vehicles exiting the lot onto Beam A venue would be prohibited from turning to go eastbound on Beam. Lieutenant Rabbett said he believes that would be a dangerous condition given the speed of traffic and the sight impediment caused by the bridge and the slight jog in the roadway." Ms. Laberee said that will be a right turn in and right turn out only. The improvements to Beam Avenue will have a median that continues so people will not be allowed to make that type of turn movement. Mr. Ekstrand said Lieutenant Rabbett was not aware ofthat median when he wrote his concerns for the staff report, and staff later found out from Ms. Laberee that the median would prevent those left turn movements. Chairperson Fischer asked if anyone in the audience wanted to address the commission. Nobody came forward. Chairperson Fischer closed the public hearing. Commissioner Pearson moved to adopt the resolution approving a conditional use permit for the tire service center and fuel station at the proposed Costco store in the Mogren Retail Addition east of Highway 61 on the north side off Beam Avenue. Approval is based on the findings required by the ordinance and subject to the following conditions: 1. The development shall follow the plans date-stamped April 3, 2007, except where the city requires changes. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall comply with the requirements in the engineer's report dated April 20, 2007. 5. There shall not be any outdoor storage of tires unless they are kept within a decorative screening enclosure approved by the community design review board. Planning Commission Minutes of 05-01-07 -9- 6. The fueling area shall have proper safeguards provided to prevent or contain any fuel spills as required by the Minnesota Pollution Control Agency. Commissioner Yarwood seconded. Ayes - Fischer, Hess, Pearson, Trippler, Walton, Yarwood The motion passed. Commissioner Trippler said while he supports the motion he intends to lobby the CDRB to make sure they look very closely at the fuel station and the installation of the fuel tanks. He hopes the applicant will consider moving the fuel station from the southwest corner to the southeast comer or the northeast corner of the site to provide at least another 5 or 6 feet of elevation and may bring the tanks out of the possible ground water. Otherwise he believes this is a good proposal and he appreciates the fact that Costco is proposing 10-foot-wide parking stalls. This item goes to the CDRB on Tuesday, May 8,2007, and to the city council on Monday, June 11, 2007. b. Keller Lake Convenience Store, Conditional Use Permit (2228 Maplewood Drive) (7:45- 8:27 p.m.) Mr. Roberts said Roger Logan, the owner of the Keller Lake Convenience store, is proposing a revision to the conditional use permit (CUP) for the property at 2228 Maplewood Drive. This permit allows a motor fuel station to be within 350 feet of a residential zoning district. The proposed revision to this permit is for the expansion of a nonconforming use. This station is nonconforming because it is within 350 feet of a residential property. The proposed permit revision is necessary to allow the LP (liquid propane) retail dispensing facility that is on the property to remain on the site. The city approved a permit for the installation of the LP dispensing facility about one year ago. The contractor installed the tank about 15 feet from the east property line of the site. Unfortunately, the city issued the permit forthe tank in error since the city requires the owners or contractors that install such tanks to keep them at least 350 feet from a residential property. In comparison, one could consider the city's 350-foot setback requirement as excessive and not necessary to keep the public safe from such a facility. In this case, the house to the east of the site is about 130 feet from the tank location. City staff is working with the owner/operator of the store, Mr. Logan, to resolve this matter. To keep the LP dispensing facility on this property, Mr. Logan and city staff are asking the city to approve a CUP revision for the property. This revision would be for the enlargement of a nonconforming use. Specifically, the CUP revision would be to allow the LP dispensing facility to stay on the property as an accessory use to the motor fuel station and convenience store. Butch Gervais, Maplewood fire marshal, stated the contractor followed all state guidelines and regulations with the installation of the LP tank and that he does not have any concems with it being on this site. Commissioner Hess asked how large the propane tank is on the site? Planning Commission Minutes of 05-01-07 -10- Mr. Roberts said it looks like a 1,000 gallon propane tank. Commissioner Hess asked where the underground storage tanks are on the site? Mr. Roberts said staff thinks the tanks are located on the north side of the site, but they may be under the concrete on the site as well. That may be a good question for the applicant. Commissioner Hess said he spoke to a manager at Menard's because they sell propane in 20 pound tanks within 1,000 feet from a residential area, and the manager said he didn't have any concerns with the convenience store and the propane storage. Commissioner Trippler said he noticed in condition number 5. it states there shall be no motor fuel, propane orotherdeliveries to the site between 10:00 p.m. and 7:00 a.m. In condition number 7. it states the hours of operation for the store and business shall be limited to the hours between 6:00 a.m. and 11 :00 p.m. He asked if there was some reason those two conditions weren't the same? Mr. Roberts said they weren't the same in the old conditions, but we could change that. Staff added some additional language. Condition number 7 relates to the city's noise ordinance. Commissioner Trippler wondered if the hours of operation should begin at 7 a.m. but the station opens 1 hour earlier at 6 a.m. Mr. Roberts said the city hasn't had any complaints about this station in years, so staff didn't feel the need to change that condition. Commissioner Trippler asked if staff talked to the resident at 1071 County Road B E, and if so, did they express any concerns regarding this request? Mr. Roberts said that resident called staff today and asked a few questions. Staff didn't think the resident was very happy about this, but they are here this evening and may want to speak to that. Chairperson Fischer asked the applicant to address the commission. Mr. Roger Logan, the property owner and applicant forthe Keller Lake Convenience Store, 2228 Maplewood Drive, addressed the commission. Commissioner Trippler said there is 1 hour difference between when deliveries can be made in the morning and a difference of 1 hour later than when the facility is open, is that a problem for you or not? Mr. Logan said that has not been a problem for him. He opens for business at 6 a.m. and closes at 9 p.m. Monday through Friday. Saturday he is open from 7 a.m. until 9:00 p.m., and Sunday he is open from 8:00 a.m. until 8:30 p.m. He said usually he's in the store because he does his own cleaning and restocking, but the door is closed. Commissioner Trippler asked if he had experienced or had any problems with deliveries wanting to come before 7 a.m. or after 10 p.m.? Planning Commission Minutes of 05-01-07 -11- Mr. Logan said no. Chairperson Fischer asked if he had any problems or questions with the staff conditions? Mr. Logan said no, he follows the rules and things are fine. Commissioner Pearson asked if there were any plans to enlarge the size of the current propane tank? Mr. Logan said no, a 1,000 gallon propane tank is perfect. He said he also does tank exchanges on the other side and refuels on the other side. Chairperson Fischer asked if anybody in the audience wanted to address the commission. Ms. Catherine Dupre and Debra Forbes from 1071 County Road BEast, Maplewood, addressed the commission. Ms. Dupre said their major concern of this is the fact that this is 130 feet from their bedroom windows. They were not aware this tank was installed for 1 year already. It's a giant tank and looks like a submarine. They have no idea why this propane tank has to be so large. The applicant sells 20-pound propane tanks on the other side, how much LP does that little gas station need on site? It's not like he is asking for another parking space or to sell a certain kind of candy bar. This is LP and LP blows up as we all know. His underground gas tanks are also on that side so when the big truck comes to fill up the big tanks, they could crash into the LP tank. Let's hope that never happens. As Ken Roberts was saying, the fire marshal said he was okay with this, but he doesn't go to bed every night 1,000 feet from an LP tank, so he wouldn't be as concerned about that as we are. In the second paragraph of the staff report it states the permit was issued by the city in error, wouldn't it also be an error to leave the tank there after this has been brought to everyone's attention knowing that this tank was installed closer than the 350-foot setback. When the tank was put in they said they weren't given any notice or called to address the 1,000 gallon LP tank being installed. Ms. Forbes said even though the permit for this propane tank was issued, we were not invited to the meeting. Is it not also true that we would have had to wait 1 year before the permit was renewed again before we could testify at a meeting? Mr. Roberts said the permit for the propane tank was issued with a building permit. The propane tank did not require a public hearing, so that's why no neighbors were notified. It was through the building permit approval process that the error occurred when staff did not catch the 350 foot setback requirement. Ms. Dupre said whenever the previous property owner updated things we were always invited to the meetings for things such as the canopy and the lights for the station. Mr. Roberts said when the LP tank permit was issued staff viewed it as an accessory use to the main gas station facility and the city code allows minor changes to a site. For example, if the owner wanted to put 3 candy machines outside or move something around on the site, staff has leeway to approve minor changes to a site plan. Putting the propane tank on the site would not by itself trigger a public hearing. Yes an error was made, is it also an error to continue to keep the propane tank there? Planning Commission Minutes of 05-01-07 -12- Mr. Roberts said without consulting the city attorney staff guesses that we could run into some legal problems if the city says an error was made and the owner has to take the tank out and pay the cost, where as the city may end up paying money to the owner if the city were sued in some fashion to try to force the removal of the tank. Staff doesn't know if the city wants to go there at this point. If the city council wants to pursue that, they could consider that option. Ms. Dupre asked why their safety should suffer because the city made an error in allowing this to be built? Ms. Forbes said we understand everybody makes mistakes. Ms. Dupre said you don't live there, 133 feet away is not even half the distance it is supposed to be from residential besides the size of the tank, plus the other tanks on the site. How much LP does one tiny gas station need, it's absurd. The owner doesn't make his living off selling LP; he makes his living off selling gasoline and the grocery store. The selling of LP must have been an afterthought to make extra money. Not having LP for sale would not put him out of business, and it wouldn't be a hardship on his part to not have LP for sale. He already has LP for sale in the front of the store, and now he has it in the back of the store. This whole piece of property is so small to start with and she can't believe how a 1,000 gallon LP tank would be allowed on such a small piece of property to begin with at 133 feet from residential property. If the 1,000 gallon LP tank was allowed in error, leaving the tank there is also an error. She said they are just as important and as valuable as the gas station. They are the only property owner this close to the gas station and the only ones affected by this. Commissioner Yarwood said there must be a limit to the amount of flammable material you are allowed to have on a property. Mr. Roberts said staff hasn't heard of a limit of flammable material on a property, but that may be something the fire marshal reviews on a case-by-case basis. Commissioner Yarwood said it would have been nice to have the fire marshal here to speak regarding the safety issues that are considered with these circumstances around residential properties. It appears from the fire marshal's comments in the staff report that he is okay with this, but he presumed there must be some limits. Commissioner Trippler said Ms. Dupre and Ms. Forbes have stated they are the only property owners that are affected by this, and he asked the property owners how wide their lot is? Ms. Forbes said their property is around an acre of land, it equals five lots. Commissioner Trippler asked if the property owner at 1081 County Road B E was within the 350 foot radius? Mr. Roberts said if you measure from the tank location to the house location at 1081 County Road B E and not property line to property line, then they are. Planning Commission Minutes of 05-01-07 -13- Mr. Logan said the previous property owner told him about these two property owners. Last year Ms. Dupree came to the station for gas which is pre-pay only but she didn't want to pre-pay for her gas, so she got mad and left. When the propane tank was installed, she was happy about the tank being there because it would be convenient and would accommodate the neighborhood. During the last snowstorm he had to call the city about a problem he encountered with her. Ms. Dupre said the snow was piling up and melting into her yard, and she told him to get a skid loader to remove the snow from the area. He said there was nothing he could do about it, that was nature and that she should talk to the city. So she said she would take him to court if he didn't remove the snow. Somebody from city hall was in his store at the time she said that. He said he told her if you want to go to court go ahead, or you can go to the city hall and talk to them because the city is plowing snow and dumping snow here as well. He got a citation, and he knew very well where the complaint came from. Ms. Dupre was the complainant, and even though she said that having the propane is a convenience that helps the neighborhood, she is still unhappy. He is the only one who is trained to refill the propane tanks. If a neighbor comes for a propane tank refill and he is not there, they have to leave their name and phone number and he will call them when he returns or they can come back to get the refill. The propane is shut off when he is not there, so no one else can operate it. This is just personal, that is why she is complaining. He said he rests his case. Commissioner Trippler said he also wished the fire marshal were here tonight because he would like to ask for some sort of estimate if the propane tank were to fail and there was an explosion, what the affect of a 1,000 gallon LP tank blowing up would be. He asked if staff had any idea what the repercussions would be? Mr. Roberts said it depends. It's one thing if it's a propane leak, it's another thing if the tank explodes, but with the bollards around the tank staff thinks it should be safer. The LP tank industry has to be very protective of the safety of these types of tanks. As an industry they don't want these tanks blowing up, that would be bad fortheir reputation. If a truck came crashing down the road and it hit the tank, there would be a big explosion which would clearly not be a good thing even though there is a slim chance of that happening. If the tank were located atthe corner of the intersection, the chance of something hitting it would be higher and staff would be more concerned. Being that the tank is set back on the site, it should be safer. Yes, it would be nice to have more information from the fire marshal, and staff will request that before this item goes to the city council. Mr. Logan said the fire marshal required us to have concrete poles surrounding the tank, so even if a truck backed into the poles, the tanks are still protected. Ms. Dupre and Ms. Forbes are the only ones with the problem with the LP tank. Commissioner Hess said he was wondering if there were things the city could do regarding the error in approving this propane tank permit such as reducing the size of the LP tank from 1,000 gallons to 500 gallons and/or having the owner put up a more substantial barrier between them and the property at 1071 County Road B East such as a concrete retaining wall as opposed to the wood fence. If you look at the LP tanks that are used on rural and lake properties, those LP tanks are all over the place and most of them are 300 to 500 gallon tanks, and you don't hear about those tanks blowing up or even leaking. Ms. Dupre and Ms. Forbes said they would like to reply to Mr. Logan's comments. Planning Commission Minutes of 05-01-07 -14- Commissioner Yarwood said it's not necessary for a rebuttal. The commission can see past the personal issues. Ms. Dupre said our yard has a history of flooding and when the snow was piled up overthe street, she said she asked him to move the snow pile but she didn't say she would take him to court, she said she would talk to the city. The county actually came and removed the snow. If the snow melted down the street and into the catch basin, it would run into her yard which is low already, so her yard gets enough run off. This situation has nothing to do with the LP tank but she felt she had to explain the history between owners. She said if you don't live next to this tank you don't know the safety concerns, but when the tank explodes, they will not be there. A 1,000 gallon LP tank is not necessary to fill up a few 20 gallon tanks. Chairperson Fischer asked if there was anybody that hadn't had the chance to speak regarding this proposal? Nobody from the audience came forward. Chairperson Fischer closed the public hearing. Commissioner Trippler said he was trying to find some way to resolve this issue that would help everybody out. He asked staff if the city could require the applicant to move the propane tank next to his building? He was thinking he could use the convenience store as the containment structure if there was a failure and a tank explosion. If the tank was near the northwest side of the building that would provide more protection in case the tank were to blow up. He is thinking if there is a tank failure it doesn't make any difference if the tank stays where it's at or if it's moved to the north edge of the property, either way the property and the surrounding homes will be damaged. Commissioner Yarwood said there are some ways to construct a concrete barrier abutment on the east side of the tank to deflect from the residential properties. Commissioner Trippler asked staff if the city could require that to be done? Mr. Roberts said that would be something staff would want to talk to the building inspectors, the city engineering staff and the city attorney about before giving a definitive answer. Commissioner Trippler said he can understand wanting to protect the city from litigation, but it seems that 1071 County Road B East has cause for litigation against the city for issuing approval for something that was in violation of the city ordinance. Chairperson Fischer said she knows CUPs get reviewed periodically on schedule; if problems arise in between time, do the neighbors have any recourse to get a CUP reviewed before the time period is up? Mr. Roberts said yes, especially if there is a violation of a condition or an operational problem. Chairperson Fischer asked if someone would call city staff to have that reviewed? Mr. Roberts said yes, staff would investigate it and if warranted take it before the city council. Commissioner Hess asked about reducing the size of the LP propane tank? Mr. Roberts said the question is who pays for the reduction and changing out the tank? Planning Commission Minutes of 05-01-07 -15- Commissioner Hess said he understands that, but the city is looking at this from a life-safety issue. Mr. Roberts said without talking to the propane experts or the fire marshal, is a 500 gallon LP tank really that much safer than a 1,000 gallon LP tank? Commissioner Hess said he isn't sure either. Commissioner Walton asked how it was determined in 1992 that you had to be 350 feet away from residential property and was that requirement for a certain size LP tank or was it for any size tank? Chairperson Fischer said or was that just generally the 350-foot requirement for what happens in the M-1 district? Mr. Roberts said when he looked at the file on this, there was no study stating that 350 feet was the magic number to make it safe for a certain size tank. The LP dispensing facility has generally been 300 or 500 gallon tanks or larger that staff has seen. The 350-foot requirement was taken from the rules that were in place at the time that stated that any use in the M-1 district that was within 350 feet of residential property automatically needs a conditional use permit, and the city still has that rule in effect today. Also, 350 feet at that time was the distance used for notifying neighbors of public hearings. The city has since increased that to a 500-foot radius, so 350 feet was a common number used for a lot of setbacks. Fuel stations and motor vehicle repair facilities have to be at least 350 feet away from residential property for no particular reason, it could have been 200 feet away. Would 500 feet away be better? Sometimes yes. Commissioner Trippler said Mike's RV on Frost Avenue dispenses LP, and behind his store is a residential area and he must be within 350 feet or less? Mr. Roberts said yes, staff guesses that was grandfathered in because Mike's RV has been there a long time. Staff believes there must be other fuel stations that are within the city that have similar setups. That doesn't necessarily make it right, but staff is sure they are in Maplewood as well as other cities. Commissioner Pearson said at the corner of Maryland and Century Avenue at the bait shop in Oakdale they sell LP and that sits within 40 to 50 feet of the road and the strip mall and probably 70 feet from the bait shop itself. Chairperson Fischer asked if that meets state requirements? Mr. Roberts said staff assumes that if they got their permit it meets the state requirements. Commissioner Walton said we need to layout the alternatives here. We have the conditional use permit, we can change the setback from 350 feet to another number, or the commission can say no to this request, despite the city error in approving this tank permit. Chairperson Fischer said the commission has concerns about information they don't have this evening which may make a difference in how the commission votes on this. Planning Commission Minutes of 05-01-07 -16- Commissioner Yarwood said maybe we should table this for more information. Chairperson Fischer asked staff when this is due to go to the city council? Mr. Roberts said there is no 60 day deadline because this was owner and staff initiated. If the commission wanted to table this for more information they can do so. Commissioner Trippler requested to table this item so that more information could be gathered from the fire marshal regarding what the implications would be on a total failure of the tank, and whether or not a concrete barrier of some sort would protect 1071 County Road B East from a blast. The commission needs more information on these things before making a recommendation to the city council. Commissioner Hess said we should also be looking at the fuel storage underground gasoline storage vessels with the fire marshal to see which of the two pose more of a threat? Is it the underground gasoline storage or the LP propane tank or both? He would like to get a resolution on that as well. Commissioner Trippler moved to table the conditional use permit revision for the existing motor fuel station and for a LP (liquid propane) distribution facility on the property at 2228 Maplewood Drive. Commissioner Yarwood seconded. Ayes - Fischer, Hess, Pearson, Trippler, Yarwood, Walton The motion to table passed. Commissioner Yarwood said it would be nice in the future to have background information on the storage of flammable or explosive liquids on these sites and how they are approached from a safety view. Not just for this case but for any future case that the commission should review. Because staff will have to do some research on this item staff wasn't sure when this item would be brought back to the planning commission. c. Corner Kick Soccer Center, Conditional Use Permit (1357 Cope Avenue) (8:28 - 9:08 p.m.) Mr. Roberts said Mr. Ryan Manning, representing Corner Kick Soccer Center, is proposing an expansion and several changes for the soccer center at 1357 Cope Avenue. The proposed soccer expansion area includes a regulation-sized soccer field and other interior improvements, 12,000 square feet of retail space and the addition of 83 off-street parking spaces to the site (including 27 underground parking stalls). The proposed soccer center and retail building additions and parking lot expansion will meet the city's findings of approval for a conditional use permit. As noted by the city engineer, they do not expect the increase in people on the site to pose a problem for the neighbors or cause additional traffic issues on the nearby streets. However, they are doing traffic counts and a traffic analysis to verify the traffic situation with this proposal. Staff gave the commission some handouts with additional information regarding the traffic data prior to the start of this evening's meeting. Planning Commission Minutes of 05-01-07 -17- Commissioner Hess said he was looking at the roof area and it appears there will be 81,000 square feet of new roof. He wondered if the runoff from the roof would be adequately taken care of? Ms. Laberee said that was one of the engineering comments to the applicant regarding providing adequate infiltration for this site, and that has yet to be addressed. Commissioner Hess said regarding the architectural considerations of the building, it appears there are many square feet of flat metal panels especially on the north and west side. It appears some of the vegetation has already been removed. He was curious what the eave height would be on the new building and how much exposure there would be on English Street and Highway 36. He asked if they could trim the wall out with architectural features? It appears they have brick along the north wall and on the west face but he doesn't think they went far enough to make the building appealing enough. Mr. Roberts said staff touched on that in the staff report on pages 3 and 4 and a condition was added at the top of page 8. The CDRB will review that during their meeting. Staff spoke to the architect about that as well, so they are aware of the concern. Commissioner Hess said he looked at the Highway 36 expansion and it looked as though there were some reservations about the building addition with the future road reconstruction project of Highway 36. Because the city doesn't know what the plans are for the redesign of Highway 36, he wondered how much easement area is needed for that, and will this building addition for Corner Kick be affected by this? Mr. Roberts said the city thinks the expansion of Highway 36 will happen in the next 10 years or so, but there has been no final design, timeline or money implemented for that project, and it appears to be on the wish list. Mr. Roberts said Chuck Ahl, the Public Works Director, said he didn't think the city should hold this project up for the future reconstruction of Highway 36. Commissioner Trippler said he didn't see a date stamp on the large plans or the small plans for Corner Kick. Mr. Roberts said that was staff's oversight. Commissioner Trippler asked if the plans should be date stamped April 6, 200?? Mr. Roberts said that was the last date staff has for plans. Commissioner Trippler said he lives in the area and knows the city put up traffic counting strips on Cope Avenue and English Street. He asked what the traffic results were from that count? Mr. Roberts said staff just received that traffic count report and prior to the start of tonight's meeting staff handed those results out to the commission. This included a traffic summary of current and future estimates from the applicant, Ryan Manning, and a memo from SEH regarding parking and traffic and the engineering plan review with traffic data collected for English Street and Cope Avenue from Maplewood Engineer, Michael Thompson. Planning Commission Minutes of 05-01-07 -18- Commissioner Trippler didn't have the opportunity to review the information yet and said it would have been nice to receive that information before this evening. Mr. Roberts said there is definitely traffic in this area but the traffic counts are nowhere near what the vehicle capacity is on Cope Avenue. The State Highway department wants to keep traffic on Highway 36 moving, so the traffic light doesn't change as often as drivers on English Street would like, so that is an inconvenience for those cars waiting on Cope Avenue and Highway 36. Commissioner Trippler said he sees a safety issue coming up Cope Avenue to the intersection at English Street trying to make a left-hand turn onto English Street going south. Because English is crowned just before that location, you cannot see a car coming until they are less than Y> a block away. If you want to take a left-hand turn and you are sitting there, many times a car wants to make a right-hand turn, and they pull up and they are sitting there because they can't see if anybody is coming on the left, so they pull forward so you can't see if anybody's coming on the right. You also have to keep track of cars coming from the other direction on Cope Avenue that want to go straight across. That intersection is a nightmare. This additional traffic is going to add to the problem at Corner Kick. He said he doesn't have a solution for it other than a four-way stop, but he didn't know if that would work either because when that light turns green you have 30 seconds to make it or else you sit there for a long time. Ms. Laberee said there is no easy, obvious solution forthis intersection. She said she presented the traffic count data to the consultant engineer, Tom Sohrweide at SEH, and we found there were over 3,400 cars per day on Cope Avenue and over 5,800 cars per day on English Street. The consultant engineer took a look at the applicant's traffic count and he didn't think this proposal would have any significant impact on how Cope Avenue and English Street would operate. As far as a four-way stop at this location, she mentioned that to him which mayor may not be warranted at this location. It would require a very in-depth traffic study and it could make the situation worse, but it's independent of this development. This development will definitely add cars to this area, but it won't have an impact on how Cope Avenue operates. The traffic is bad now and it's going to be bad in the future, but this project won't make it a lot worse. Commissioner Trippler said he didn't think that the number of trees that were being proposed along Cope Avenue was adequate enough to provide a light barrier for the homes on the south side of Cope Avenue if cars pull into the parking spaces at night. The car lights are going to shine straight across Cope Avenue and into their homes. He asked if there would be some sort of a barrier or fence or are we just relying on the trees as a barrier from the car lights? Mr. Roberts said that western parking area is below grade by at least 5 feet on Cope Avenue, so that shouldn't be a problem. The parking lot does get reconfigured but it's fairly flat, and staff is recommending a condition that more trees be planted to beef up potential concerns. That is something the CDRB will review at their meeting. Commissioner Trippler said he read the letter from Leo Capederfrom Truck Utilities, Inc. at 2370 English Street at Highway 36. The letter stated they have serious concerns about water runoff and to see the attached letter dated May 6, 2003. The planning commission didn't receive that letter. Does staff remember what was in the letter dated May 6, 2003? Planning Commission Minutes of 05-01-07 -19- Mr. Roberts said there was talk of a proposal going in on this corner that never went anywhere and Mr. Capeder has been concerned that there could be additional water runoff that may affect the Truck Utilities property. Michael Thompson from engineering has spoken to Mr. Capeder about those concerns and has started an investigation of what is going on with his property. The summary of the drainage on this property is that the city is going to require that all the new storm water generated from this project be contained to a minimum standard on this site so it doesn't run downstream and affect the Truck Utilities property. Commissioner Hess said he lives in this area too and he would be in favor of a four-way stop in the location that Commissioner Trippler mentioned earlier. The traffic on Cope Avenue sometimes assumes that you have a stop sign, so the cars pull out in front of you. Cars coming up and over the crown that commissioner Trippler mentioned speed, which is a safety issue, especially if cars aren't stopping at that intersection. There isn't much room to react to traffic there. Commissioner Walton said regarding the drainage issue and the impervious surfaces created with this project, have you thought of any alternatives for this site like pervious pavement for the parking lot? Ms. Laberee said Michael Thompson has spoken to the engineer about different methods of BMPs that can be installed. The developer has yet to submit that information to engineering to show they will meet the i-inch infiltration requirement. Commissioner Walton said it looks like you are going to have a holding pond on the site to the north. Ms. Laberee said that's what is shown now but there is some work that needs to be done before engineering will sign off on this plan. Chairperson Fischer asked the applicant to address the commission. Mr. Ryan Manning, the owner of Corner Kick Soccer Center, 1357 Cope Avenue, Maplewood, addressed the commission. Mr. Mike Hoefler, AlA, CID, ARCHNET, 12445 - 55th Street, Suite A, Lake Elmo, addressed the commission. Mr. Hoefler thanked the commission for their time and the review of this project. He said they are excited about this project and this will be a great improvement to the area. They have taken into account many design ideas that they feel will enhance the existing structure as well as create a new building that is a nice asset to the area and neighborhood. Some concerns that came into play during the design is that we have been very sensitive to the site lines for both the building and parking lot. A lot of landscaping will be created on the site. He said they have talked to nurseries and landscape companies and reviewed the plantings, the landscaping and tree requirements of the city. The placement of the landscaping is set to screen and to enhance the area. The comment that was made earlier regarding the parking lot lighting off Cope Avenue as you travel along Cope Avenue heading towards the west, a smaller berm has been created in that area with more deciduous trees. Planning Commission Minutes of 05-01-07 -20- Mr. Hoefler said where the parking lot drops down we have created evergreen material to create screening where it's needed because the car lights would shine above the curb line. Regarding the building, they looked at metal and along the south they created brick, stucco and a generous amount of glass, which are all Class A materials. Staff called him regarding the English Street side as well as the north and they created a couple of different ideas using skylighting materials and Cal Wall panels for additional daylight into the field as well as some masonry accents and columns. We have also created a parapet along the English Street side so you wouldn't see the angled pitch of the roof. It will be one flat parapet which steps up to some crown molding giving it more of a commercial appeal. The amount of metal that they have proposed along with these accents and Cal Wall inserts will give a nice balance to what the existing facility has to offer and will create a very nice look. In addition to the building materials, we are creating additional fire safety, handicapped accessibility and new elevators and bathrooms to meet the ADA requirements. He and Mr. Manning appreciate the commission's time and look forward to building a nice project. Commissioner Hess said he was curious about the eave height of the tallest part of the building. Mr. Hoefler said the eave height is 35 feet from the lowest point which would be on the Highway 36 side. The south side is engaged into the hill about 20 feet in vertical height from the Cope Avenue elevation and 35 feet from the Highway 36 elevation. Commissioner Hess asked regarding the grade what is the finished floor relative to the English Street elevation of the street? Mr. Hoefler said it varies, but from the intersection of English Street and Cope Avenue the soccer field floor is about 20 feet below that elevation, so the retail floor is at 904 feet and the intersection is at about 906 feet. Commissioner Hess said if you are driving up the sloped surface of English Street and you are driving south, looking to the left, and you see the west face of the new building, how much ofthe roof are you going to see because this is a very large roof? Mr. Hoefler said the height of the building from Highway 36 at the eave height is 35 feet, so as you progress up to Cope Avenue it will be reduced because you are traveling uphill, so from that perspective it's about 20 to 35 feet. Commissioner Hess asked if that area of the building was going to have the parapets put in? It also looks like you have shielded the HVAC units. Mr. Hoefler said yes. Commissioner Hess said his boys play soccer here and he noticed a lot of injuries occur during the games. He asked if there are any plans for a first aid station? Mr. Manning said to be honest with you, we can't afford that. As far as a first aid station, we have discussed that and we would consider that. Maybe converting a storage room to a first aid room would be a possibility. Planning Commission Minutes of 05-01-07 -21- Commissioner Hess said he wondered if a nurse could be there during heavy soccer-playing times such as on the weekends. He is concerned that if a child has a concussion or gets injured that it would be nice to have a place for kids to lie down. He said his soccer team is lucky enough to have around a parent of one of the soccer players who is a doctor. Mr. Roberts said if you could have a dedicated room such as a quiet room if the kids needed it, which would be nice. Mr. Manning said that would a reasonable request. He said we don't get rich off ofthis facility. We do this because we love soccer. Commissioner Yarwood said regarding the applicant's estimates of current and future traffic counts to the facility, under the average number of vehicles per hour it looks like you divided the entire number of vehicles per day by the number of hours that Corner Kick is open. What are your peak hours of operation? Mr. Manning said the peak hours are 5:30 to 7:30 p.m. during the week, which are slower, and the weekends are busy. There is no peak time on weekends. We are busy from 7 a.m. until 9 p.m. or later at night which is very consistent from November to April. Chairperson Fischer asked if the applicant has any problems or questions with the conditions in the staff report? Mr. Hoefler said no, they have reviewed the report and do not have any problems with the conditions listed. Chairperson Fischer opened up the public hearing. Ms. Ann Cleland, 1308 Cope Avenue, Maplewood, addressed the commission. She lives on the corner of Cope Avenue and English Street. She said she wrote to the commission that she was very concerned about this proposal since her home is on a hill and that the view of the parking lot should be totally screened. She said they only see a few ornamental trees across from their lot. She asked if there would be a berm to block the view of the parking lot? She is concerned about page 7, number (7), which states no landscaping put in the Cope Avenue boulevard. The contractor shall restore the boulevard with sod. It looks like on the plan there are going to be 3 crab trees proposed, and that doesn't block much from her perspective. She asked about the sidewalk and what side of the street the sidewalk was proposed for? Mr. Roberts said the engineering department is recommending the sidewalk on the side of the street that Corner Kick is located. To clarify, page 7., condition number (7), means that the city doesn't want trees or bushes planted in the street boulevard that is city property. The city wants the landscaping to be on the private property. The public boulevard between the curb and the property line is where the city wants grass. It's not to say the city doesn't want landscaping between the parking lot and the street, but it has to be kept on the private property, not on the city property. Ms. Cleland asked what type of a store they are proposing? Planning Commission Minutes of 05-01-07 -22- Mr. Roberts said staff understands that the applicant is going to lease retail space to whomever they can lease to. That could include a coffee shop or it may include a soccer store, etc. Ms. Cleland said she is sure the day is coming that Highway 36 and English Street will be an exit or on/off ramp. If you know that highway expansion is coming in the future, wouldn't you turn the building addition north-south so that when that expansion happens there is room forthe Highway 36 expansion? Mr. Roberts said staff has seen four or five different designs reconfiguring Highway 36 and to try to determine how much property would be needed for this future project, the city can't do that and there is no money in the budget right now to acquire more property for roads or ramps or any of the above. As Chuck Ahl, the Public Works Director said, the city just doesn't know enough to say no to this proposal at this time. Ms. Cleland asked if this would be grandfathered in? Mr. Roberts said the worse case scenario is the state orthe city would have to buy part ofthe site and a portion of the addition may have to go away. Commissioner Trippler said when the site is graded out to the west that it is going to be at your corner, that parking lot is going to be 5 feet below ground level so when a car pulls into a parking space the lights would have to go up to get to Cope Avenue, so there shouldn't be a problem for you. Ms. Cleland said she wasn't thinking of the car lights, she was thinking of having to look at the building addition itself and she was thinking it would be nice to have large trees to block her view of this addition out the front of her house. Commissioner Trippler said that property was always zoned M-1 so it could have been a factory or something rather than this addition proposed. Commissioner Hess asked if her house faces the south side? Ms. Cleland said her house faces the north and will look at the south elevation. Commissioner Hess said that is where the nicest features of the addition are. Chairperson Fischer asked if there was anyone in the audience that wanted to address the commission. No other audience members came forward. Chairperson Fischer closed the public hearing. Commissioner Trippler moved to adopt the resolution on pages 46-48 in the staff report. This resolution approves a revision for the conditional use permit for Corner Kick Soccer Center at 1357 Cope Avenue. Maplewood bases this permit revision on the findings required by the code and it is subject to the following conditions (the additions are underlined and the deletions are crossed out): 1. ,A.II construction shall f-ollow the site plan approved by tho city. Tho Direotor of Community Dovolopmont may approvo minor changos. Planning Commission Minutes of 05-01-07 -23- 1. All construction shall follow the project plans date-stamped April 6. 2007. The city council mav approve major chanqes to the plans and citv staff mav approve minor chanqes to the plans. Such chanqes shall include: a. Revisinq the project plans to meet all the conditions of the citv enqineer (includinq the addition of a sidewalk alonq Cope Avenue) and city staff. b. Revisinq the buildinq elevations as mav be required bv staff or the Communitv Desiqn Review Board (CDRB). 2. The propooed conotruction muot be subot::mtiolly storted within one yeor of council opproval-ef the permit sholl becomo null ond veid. The council m3Y extend thio deodline for one yoor. 2. The owner or contractor shall start the construction for this permit revision within one year of city council approval or the permit revision shall end. The citv council mav extend this deadline for one vear. 3. The city oouncil oholl review thic pormit in one yom. 3. The citv council shall review this permit revision one vear from the date of approval. 4. The owners/operators of the soccer center. the fire marshal and the citv buildinq official shall aqree on a plan for the soccer center to make the required life safety and buildinq improvements to the existinq buildinq. This plan shall include the installation of: a. The required fire protection (sprinkler) svstems. b. An earlv warninq fire protection svstem (smoke detection and monitorinq). c. Additional emerqencv Iiqhts and exit siqns (if necessary). d. The necessarv chanqes to meet the handicapped accessibilitv code requirements. e. A proper address on the buildinq. f. Anv other chanqes the fire marshal or the buildinq official deem necessary. 5. Have the citv enqineer approve final construction and enqineerinq plans. These plans shall meet all the conditions and chanqes that the enqineernoted in the memo dated April 23, 2007, includinq the installation of the sidewalk alonq Cope Avenue. 6. The owner or operator shall be responsible for the maintenance and clean UP of the pondinq areas on their propertv. 7. The owner or operator shall post the driveways and drive aisles as no parkinq zones. 8. The owner or operator of Corner Kick shall ensure that visitors or users of the facilitv do not cause disturbances or make unreasonably loud noise in the parkinq lot that disturb nearbv residents. Commissioner Pearson seconded. Ayes - Fischer, Hess, Pearson, Trippler, Yarwood, Walton Planning Commission Minutes of 05-01-07 -24- The motion passed. This item goes to the CDRB on May 8,2007, and to the city council on June 11,2007. VI. NEW BUSINESS None. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Yarwood was scheduled to be the planning commission representative at the April 9, 2007, city council meeting, however, there were no planning commission items to discuss because the St. Paul Monastery Redevelopment plan at 2675 Larpenteur Avenue East was rescheduled for May 7,2007 at the Maplewood Community Center. b. Mr. Trippler was the planning commission representative at the April 23, 2007, city council meeting. The only planning commission item to discuss was the Peterson Dental Clinic, 1670 Beam Avenue, Maplewood for a Land Use Plan Change - L(library) and OS(open space) to BC- M(business commercial modified), Zoning Map Change - F(farm residence) to BC-M(business commercial modified) and Conditional Use Permit Termination, which was passed by the city council. c. Mr. Yarwood will be the planning commission representative at the Special City Council Meeting at the Maplewood Community Center on May 7, 2007, at 7:00 p.m. This is a public hearing to discuss the St. Paul's Monastery Redevelopment plan (2675 Larpenteur Avenue East) for a conditional use permit for a Planned Unit Development and a Preliminary Plat (Century Trails Commons). d. Mr. Walton was scheduled to be the planning commission representative at the May 14, 2007, city council meeting. It's unknown at this time if any planning commission items will be discussed. Commissioner Walton requested to trade dates with another commissioner and because it was unknown if there would be a need for a representative, he said he would cover the June 11, 2007. city council meeting. Planning Commission Minutes of 05-01-07 -25- e. Commissioner Walton volunteered to switch dates and will be the planning commission representative at the June 11,2007, city council meeting. Items to discuss include the Conditional Use Permit for Costco at the north side of Beam Avenue, west of the Bruce Vento Trail and the Conditional Use Permit Revision for the Comer Kick Soccer Center at 1357 Cope Avenue. f. Update on the TH 49 meeting. Commissioner Hess gave an update to the commission on the latest TH 49 meeting he attended at the Ramsey County Public Works building in Arden Hills. X. STAFF PRESENTATIONS a. Third South Maplewood Study Area Meeting May 10, 2007, Carver Elementary School Mr. Roberts said everyone is invited to attend the Third South Maplewood Study Area Meeting at the Carver Elementary School from 7:00 to 9:00 p.m. b. Annual Tour Date July 30,2007. Mr. Roberts said staff would like the commissioners to check their calendars for Monday, July 30,2007, on their calendars. Staff will check with the city council to see if that date works. An alternative date could be Tuesday, July 31,2007. c. Next planning commission meeting date. Mr. Roberts said the next planning commission meeting was scheduled for Tuesday, May 15, 2007. However, staff has scheduled the next planning commission meeting for MONDA y, Mav 21,2007, to allow a hearing forthe Capital Improvement Plan (CIP). This is because the CDRB will be holding a joint meeting with the Environmental and Natural Resources Commission on Tuesday, May 22,2007. XI. ADJOURNMENT The meeting was adjourned at 9:22 p.m.