HomeMy WebLinkAbout06/05/2007
MAPLEWOOD PLANNING COMMISSION
Tuesdav. June 5, 2007, 8:00 PM
City Hall Council Chambers
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
May 21, 2007
5. Public Hearings
None
6. New Business
None
7. Unfinished Business
Conditional Use Permit Revision - Keller Lake Convenience (2228 Maplewood Drive)
8. Visitor Presentations
9. Commission Presentations
June 4 Special Meeting: South Maplewood Study
June 11 Council Meeting: Mr. Walton
June 25 Council Meeting: Mr. Desai
July 9 Council Meeting: Mr. Hess
July 23 Council Meeting: Mr. Pearson
July 30: Annual Tour
10. Staff Presentations
11. Adjoumment
DRAFT
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
MONDAY, MAY 21, 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
Present
Present
Present at 7:06 p.m.
Present
Present
Present at 7:02 p.m.
Present
Staff Present:
Ken Roberts, Planner
Lisa Kroll, Recording Secretary
Michael Thompson, Staff Engineer
III. APPROVAL OF AGENDA
Chairperson Fischer asked staff if the 2008 - 2012 Capital Improvements Plan on the agenda
should be stricken and tabled since it wasn't ready to review this evening?
Mr. Roberts said the 2008 - 2012 Capital Improvements Plan must remain on the agenda
because the city published it as a public hearing for the 7:00 timeframe. When the CIP is ready it
will be brought back to the planning commission at a later date.
Commissioner Pearson moved to approve the agenda.
Commissioner Desai seconded.
Ayes - Desai, Fischer, Pearson, Trippler,
Walton, Yarwood
The motion passed.
IV. APPROVAL OF MINUTES
Approval of the planning commission minutes for May 1, 2007.
Commissioner Trippler had corrections to pages 9,11,18, and 21. On page 9, in the fourth
paragraph, fourth line, change the word alJev.iare to provide. On page 11, in the ninth paragraph,
third line, before the word catch insert the word not. On page 18, in the fourth paragraph, at the
end of the first sentence, delete the words the T in. On page 21, in the tenth paragraph, second
line, the beginning of the new sentence should be rewritten to read ~ She said she wrote
to the commission.
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Chairperson Fischer said she didn't remember seeing anything in the last planning commission
staff report regarding the state setback requirements for the Keller Lake Convenience Store LP
tank review.
Mr. Roberts said he didn't believe that information was in the staff report but staff would make
sure it gets included in the next staff report when that item comes back to the planning
commission.
Commissioner Hess had a correction on page 7, in the thirteenth paragraph, changing Ray lights
to halide lights.
Commissioner Trippler moved to approve the planning commission minutes for May 1, 2007, as
amended.
Commissioner Yarwood seconded.
Ayes - Fischer, Hess, Pearson, Trippler,
Walton, Yarwood
Abstention - Desai
V. PUBLIC HEARING
a. 2008 - 2012 Capital Improvements Plan (CIP)
Chairperson Fischer read from the agenda sheet that the CIP is not yet ready for review. As such
the city will need to reschedule the hearing for this item for a later date.
Commissioner Trippler moved to table the 2008 - 2012 Capital Improvements Plan (CIP).
Commissioner Pearson seconded.
Ayes - Desai, Fischer, Hess, Pearson,
Trippler, Walton, Yarwood
The motion to table passed.
Mr. Roberts said this item could be ready for the June 19, 2007, planning commission meeting.
**Because the next public hearing wasn't scheduled until 7:45 p.rn. the commission decided to
skip ahead to unfinished business, commission and staff presentations.
b. Pond Overlook (2161 County Road D) (7:45 p.m.)
Mr. Roberts said Mr. Doug Andrus, representing Andrus Homes, is proposing to develop 10 town
houses in a development called Pond Overlook. It would be on a 1.9-acre site on a cul-de-sac on
the north side of County Road D, south of 1-694 and west of McKnight Road. A homeowners'
association would own and maintain the common areas. Each building would have horizontal-lap
vinyl siding, aluminum soffits and fascia and a stone veneer on the front. In addition, each unit
would have a two-car garage.The proposed development plan is consistent with the density
allowed by the comprehensive plan for the property.
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Specifically, the 10 new units on the 1.9-acre site means there would be 5.3 units per gross acre.
This proposal would meet the density standards outlined in the Maplewood Comprehensive Plan
for this site. In addition, the proposed development density would be consistent with the density
standards recommended by the Metropolitan Council for housing in first ring suburbs. This is a
good site for twin homes. It is on a collector street (County Road D) and near a major collector
street (McKnight Road), and near an arterial street (White Bear Avenue).
Commissioner Hess asked about the footing depth relative to the pond to the west for units 3 and
4?
Michael Thompson, Maplewood Staff Engineer, addressed the commission. He said the low floor
elevations for those units is 952 and the high water level for the pond is 942 so the pond high
water level is 10 feet lower than the low floor elevation. He said he couldn't speak to the depth of
the footing.
Commissioner Hess said the footings come into question regarding whether they are going to be
out of the water table. If the footings are in the water table you run into trouble.
Mr. Thompson said the firm Braun-Intertech took 3 soil borings on the site and dug to 15 foot
depths and didn't find any ground water on the site.
Mr. Roberts said typically footings are four feet deep so if they are four feet below the lowest floor
level the footings would still be 6 feet above the known high water level of the pond. The city
standards require that the lowest floor level be at least five feet above a no outlet pond. If the
pond has an outlet or overflow, then the lowest floor has to be at least two feet above that. 10 feet
is clearly well above the known elevations of the pond to the west.
Commissioner Hess said regarding the wall construction for noise, it looks like there is a 2 x 4
staggered wall construction at 16-inch on center with fiberglass insulation in between, it looked
like the total wall thickness would be 7% inches with double sheetrock on the inside and double
OSB on the exterior with vinyl siding. Is that the proposed construction for the wall? He saw an
alternate for a 2 x 6 wall but that wall looked like they weren't sure that would meet the sound
transmission class (STC).
Mr. Roberts said staff understood the wall section the applicant proposed to use is shown on
page 48 in the staff report that meets the Minnesota State Noise Standards.
Commissioner Hess said the window size is another area where sound can transmit and he saw a
proposed window quote for Marvin Windows on page 47 in the staff report. It looked like the
applicant planned on using a 46 x 60 window which seemed like a fairly large area for sound to
transmit. The elevations he looked at appear smaller than what the window quote shows.
Mr. Thompson said regardless of the window size you can still meet the STC rating using a larger
window.
Mr. Roberts said the applicant can address that.
Commissioner Trippler said when he walked the site he noticed a stainless steel cross in the
ground along the chain-link fence and he asked if someone was buried there?
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Mr. Roberts said staff didn't see that on the site and was unsure what the cross was for unless
there was an accident there and the cross was a memorial.
Commissioner Trippler said if you draw a straight line from the back of the house going west and
then go north along the fence line about 15 to 20 feet that is where the cross is. He said he
noticed many things on the property such as gasoline, oil, engines, tires, and vehicles on the
property. He asked if this property would be inspected by the MPCA as a possible brown field?
Mr. Roberts said maybe DuWayne Konewko from Public Works Department could go to the site
and give his opinion of the site.
Commissioner Trippler said on the southwest corner of the dog pen there are three real fire
hydrants on the property and one of the fire hydrants is missing the top nut which he assumes is
where the valve is that turns the hydrant on and off. He asked if those fire hydrants are connected
to the city's water supply?
Mr. Thompson said the water doesn't extend into the site.
Mr. Roberts said the water is only in County Road D at this point.
Mr. Thompson said there is a 1 Yz inch copper service near the right-of-way at County Road D.
Commissioner Trippler asked why there would be three fire hydrants on the site?
Mr. Roberts said staff didn't know.
Commissioner Trippler said when he served on the Environmental Comrnittee for 2Yz years they
worked on the tree ordinance and when the applicant had the forester inventory the trees on the
site he indicated the tree condition as good, fair or poor. He said he was pretty sure that a
criterion in the tree ordinance was if trees on the property are in extremely poor condition or
diseased, those trees can be taken out of the consideration for the total tree caliber replacement.
He said the applicant should get together with city staff regarding that. The city was supposed to
get a forester, but didn't. The applicant should find out what trees need to be replaced and which
trees don't need to be replaced. Some trees in poor condition such as the silver maple could
reduce the number of tree calibers that needed to be replaced and might be able to be taken off
the list. If there isn't enough room on the property to replace the trees there is the option of paying
the city in place of planting trees or the applicant could maybe plant trees on the Bruentrup farm
site to comply with the tree ordinance, so there are other options for the applicant.
Commissioner Trippler asked staff what the city's parking requirement would be for 10 units?
Mr. Roberts said the code requires one garage space per unit and one off street parking space
per unit. In this case this development will have two spaces in the garage and two parking spaces
in the driveway, which exceeds the parking code requirement.
Commissioner Trippler said the intent is that the city doesn't want cars parking on County Road
D.
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Mr. Roberts said correct.
Commissioner Trippler said he didn't see any sidewalks on the plan. He said he thought the city
was going to encourage all developments to have sidewalks.
Mr. Roberts said there is a trail system that winds through the Bruentrup Farm site and the open
space. With the ponding area it didn't seem to make sense to have a segment of sidewalk going
nowhere. With a trail system like this which goes to the west and to McKnight Road to the east. it
was staff's opinion the trail system is sufficient for the needs of this area.
Commissioner Trippler asked why there wasn't a sidewalk within the development itself?
Mr. Roberts said sidewalks are most beneficial when you have a busy street in a neighborhood
and having ten units in this development won't generate a lot of traffic or cause a public safety
risk. It's going to be the neighbors driving in and out of the development and staff doesn't see a
benefit to having a sidewalk to County Road D. There rnay be a need for a painted crosswalk to
cross County Road D to get to the trail on the open space and the Bruentrup Farm.
Commissioner Trippler said the staff report says on page 13, in item D.; which the CDRB will be
making a recommendation on, that the plans are date-stamped April 19, 2007. However, he didn't
see a date stamped anywhere on the plans.
Mr. Roberts said he must have missed stamping the plans, but April 19, 2007, is the date staff
received the plans.
Commissioner Trippler said on page 38 of the staff report, in number 4. of Michael Thompson's
engineering report, it states, Given the two comments above; city staff is concerned that this site
may be too tight and is currently not conducive in providing: the 15-foot wide maintenance access
path to a suitable location to enter the infiltration basin for maintenance purposes, the 15-foot
wide clear drainage and utility easement width over the centerline of drainage pipe, and adequate
area for the infiltration basin without the use of extensive retaining walls. He asked if staff has
made any progress with resolving these issues with the applicant?
Mr. Thompson said he has been working with the developer's engineer and they have a
dedicated 15-foot wide drainage and utility easement over the center line of pipe and they did
some revisions to the grading plan so the retaining wall would not exist at the maintenance
entrance. Therefore, two of the three bulleted items have been taken care of. The applicant
regraded the infiltration basin which reduced the retaining wall height from 4-feet in height to an
average of 3.5-feet tall. Before that the maintenance path was going to extend to the retaining
wall edge, which is not conducive to cleaning out the infiltration basin.
Mr. Roberts said the city received this information today and the developer's engineer is working
with our city engineer to address the concerns.
Commissioner Walton said he understood this to be an infiltration basin, he asked what is
involved with cleaning out the basin?
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Mr. Thompson said once every 10 to 15 years sediment gets in there even though a sump that
catches a majority of sediment. You can tell when things aren't working when it starts to pond up.
That's when somebody from the city maintenance staff would go and muck the pond out to take
the sediment and silt out and regrade the bottom sand area of the pond.
Mr. Roberts showed a map on the overhead of what Mr. Thompson was referring to.
Commissioner Pearson had a question regarding page 6, in the third paragraph. He asked about
the staff comments regarding the garage forward design. He said this came up about four years
ago when Will Rossbach was on the planning commission and he wanted to have an overlay
ordinance in Maplewood to prohibit this type of design. He thinks the proposal is a good design; it
has some practical advantages in terms of economics and construction and it shortens the
driveway which makes for less impervious surface. Rather than trying to discourage that type of
design, what is the primary objection to this type of design, what design is a better design, and is
everyone going to have a home with a detached garage because two or three people in the city
think it's a bad design? He objects to the idea that a few people want to decide what is best for
Maplewood regarding what a neighborhood should look like. As long as the design meets the
footprint, setback and the elevation, he doesn't know what right people have to say one design is
not acceptable. He said he knows this isn't the planning commission's area but if that ever came
before the commission as an ordinance there would be a battle.
Mr. Roberts said a few years ago the community design review board felt some designs with the
garage in front over dominates the site. If you are driving down the street and all you see are
large garage doors and everything else gets lost. The hope is to soften the look of the garage
doors that dominate the architecture from the street. That can be done by adding a porch across
the front, different style garage doors, wainscoting or other features help dress up the expanse of
garage doors. Horizontal vinyl siding also makes for a plain design. The idea is to try and dress
up the front facades of that type of design to give it more curb appeal.
Commissioner Yarwood said on page 16 of the staff report, in item g., it states these elevations
should show that the town houses will have tones of ivory and beige-colored vinyl siding. He said
he knows this isn't something the planning commission reviews, but he feels that the city should
encourage developers to use other colors besides shades of beige. There are a number of new
developments such as in Woodbury that have used stronger colors but they are used in such a
way that it makes the development look very nice.
Mr. Roberts said actually the applicant is proposing to use three colors. The design elements are
something the CDRB reviews.
Commissioner Trippler said he asked one of the CDRB members about the "snout nose" design
and they said an example of a snout nose design if off McMenemy Street where all you see is the
garage doors dominating the front and you don't see the rest of the structure. The board
members don't care for that design and think it's unattractive. He said he knows somebody that
lives in a development like that in White Bear Lake and they like that design because it pushes
the garage forward and moves the living portion of the house farther away from the road which
gives more privacy. It's all in the eye of the beholder. He said as long as the garages themselves
are reasonably attractive, it's alright to have that type of design. He doesn't think vinyl siding looks
nice no matter what color is used.
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Commissioner Walton asked staff to point out on the plan where the infiltration basin should have
curved edges to make it look more natural.
Mr. Roberts showed the plan on the screen and said that has to be approved by the Ramsey-
Washington Watershed District and the engineer.
Commissioner Walton said he likes the idea of putting plantings around the infiltration basin. You
might be able to get away with putting some trees in the back of the infiltration basin that can
withstand wet conditions.
Mr. Thompson said he would make a note that the Engineering Department was going to look at
adding some shrubs or trees in that area.
Chairperson Fischer asked the applicant to address the commission.
Mr. Doug Andrus, Andrus Homes, 2440 Charles Street North, Suite 210, North St. Paul,
addressed the commission. He said he thinks what the board members were referring to is a
"snub nose" design where the garage sticks out 20 feet. This design shows the garage and the
front of the home in a nice design mix. The color palette is also quite nice. Regarding the tree
planting, he is bothered by the fact that a majority of the trees that are going to be taken down are
box elder and cottonwood trees which are junk trees. In the past the city didn't count those trees
because they are scrub trees. You can't plant those types of trees but yet they are counted
against you in the tree replacement plan. If you took out the box elder and the cottonwood trees
from the tree inventory, he wouldn't have to replace as many trees on the site. He does want to
plant more trees along the fence but he thinks the tree ordinance needs to be fixed as far as
counting scrub trees like box elder and cottonwood trees that people are happy to get rid anyway
and they shouldn't count on the tree plan which costs the developer more money?
Commissioner Hess said even though box elder and cottonwood trees are scrub trees, the
thought is that those trees provided cover and if you remove the tree coverage you are left with
bare landscaping.
Commissioner Walton said there are trees shown in the inventory plan that are in "poor" condition
and he agrees that it doesn't seem right to have to replace those. He wondered if that could be
negotiated.
Mr. Andrus said some of those trees are taken off the list already.
Commissioner Trippler asked if the applicant had acquired the property yet?
Mr. Andrus said no.
Commissioner Trippler asked if the homeowner still lives there?
Mr. Andrus said yes.
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Commissioner Trippler said it appears that the homeowner has been doing some work on
vehicles on the property according to the gas and oil he saw on the land. He asked if the
applicant knew how the homeowner was handling disposal?
Mr. Andrus said supposedly the homeowner does landscaping and grass cutting for a living and is
not an auto mechanic.
Chairperson Fischer asked if the applicant had any questions for the commission?
Mr. Andrus said no.
Chairperson Fischer asked if anybody in the audience wanted to speak to come forward.
Mr. Dave Huebel, 2191 County Road D, Maplewood, addressed the commission. He lives in the
second house over from this site. There is a dog buried by the fence where the cross is on the
property. The homeowner has never been an auto mechanic. You see oil on the property but he
doesn't foresee a problem with past dumping on the site. He has lived here 15 years and this
property owner has lived there for about 10 years. He said we encourage this development in our
neighborhood and look forward to it. He said the applicant can plant trees in his yard at 2191
County Road D if he wants to rather than at the Bruentrup Farm. The three fire hydrants on the
property in question are stolen along with half of the other items on the property. The property
owner never ran a business on this property. Prior to this they made mattresses at that property.
He said they are looking forward to having a nice neighborhood to live next to.
Chairperson Fischer closed the public hearing
Commissioner Walton said he read on page 39 of the staff report that the city will take over
maintenance of the infiltration basin after a satisfactory inspection to ensure its proper function.
This is because public water from the public street would be running into the basin. He wanted to
point out that the city better watch how they are doing things because the city is going to maintain
it.
Mr. Thompson said the city has an inspection list they follow will do a final walk through before
the city would accepts things back to the city. If the final inspection doesn't pass, the city won't
accept improvements from the developer to the city.
Commissioner Yarwood moved to approve the resolution on page 52 of the staff report. This
resolution changes the zoning map for the Pond Overlook plat on the north side of County Road
D and west of McKnight Road. This change is from F(farm residence) to R-2(single and double
dwellings). The reasons for this change are those required by the city code and because the
owner plans to develop this property with double dwellings.
Commissioner Yarwood moved to approve the resolution starting on page 53 of the staff report.
This resolution approves a conditional use permit for a planned unit development for the Pond
Overlook development on the new cul-de-sac on the north side of County Road D (on the
property now known as 2161 County Road D). The city bases this approval on the findings
required by code. Approval is subject to the following conditions:
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1. All construction shall follow the plans date-stamped April 19, 2007, except where the city
requires changes. Such changes shall include:
a. Revising the grading and site plans to show:
(1) Revised storm water pond designs as may be suggested or required by the
watershed district or city engineer. The pond shall meet the city's ordinance
standards.
(2) The developer minimizing the loss or removal of vegetation and large trees.
This shall include keeping and protecting as many of the large trees as
possible along the east side of the property.
(3) The street (Furness Court) must be at least 28 feet wide to allow parking on
one side.
The city council may approve major changes to the plans. The city planning staff may
approve minor changes.
2. The proposed construction rnust be substantially started within one year of council approval or
the permit shall end. The council may extend this deadline for one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes noted in Michael Thompson's memo dated May 11,
2007, and the plans shall include:
a. The grading, utility, drainage, erosion control, streets, driveway, trails, tree
preservationlreplacement, and parking plans. The cul-de-sac bulb shall have the
minimum radius necessary to ensure that emergency vehicles can turn around.
b. The following changes for the storm sewer plans:
(1) The developer or contractor shall install a four-foot-high, black, vinyl-coated
chain-link fence at the top of the retaining wall.
(2) Provide for staff approval a detailed storm water management plan.
4. The design of the pond(s) shall meet Maplewood's standards and shall be subject to the
approval of the city engineer. The developer shall be responsible for getting any needed off-
site pond and drainage easements, if applicable.
5. The developer or contractor shall:
a. Complete all grading for the site drainage and the pond and meet all city requirements.
b. 'Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris, junk or fill from the site.
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d. Get a demolition permit from the city for the removal of the existing house from the
property. This removal shall include all foundation materials, concrete and other related
materials from the site.
e. Provide the city with verification that the town houses as proposed will meet the state's
noise standards. This shall be with a study, testing or other documentation. The
contractor will have to build the town houses so that they can meet the noise standards.
The contractor or builder may accomplish this with thicker walls, heavier windows,
requiring air conditioning or other sound-deadening construction methods. The
developer shall provide the city with this documentation before the city will issue a
building permit for the town houses.
6. The approved setbacks for the principal structures in the Pond Overlook PUD shall be:
a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet,
maximum - 35 feet
b. Front-yard setback (public side street): minimum - 30 feet, maximum - none
c. Rear-yard setback: 20 feet from any adjacent residential property line
d. Side-yard setback (town houses): minimum - 20 feet minimum between buildings.
7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing
unit at the time of the building permit for each housing unit.
8. The city council shall review this permit in one year.
Commissioner Yarwood moved to approve the Pond Overlook preliminary plat (received by the
city on April 19, 2007). The developer shall complete the following before the city council
approves the final plat:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage and public street construction and meet all
city requirements.
b. 'Place temporary orange safety fencing and signs at the grading limits.
c. Provide all required and necessary easements. This shall include any off-site easements
and ten-foot drainage and utility easements along the front and rear lot lines of each lot
and five-foot drainage and utility easements along the side lot lines of each lot.
d. Have Xcel Energy install Group V rate streetlights in at least two locations. One light
shall be at the intersection of County Road D and the proposed street (Furness Place)
and the second near the north or east end of the street near the cul-de-sac. The exact
style and location shall be subject to the city engineer's approval.
e. Pay the city for the cost of traffic-control, street identification and no parking signs.
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f. Cap, seal and abandon any wells that may be on the site and remove septic systems or
drainfields, subject to Minnesota rules and guidelines.
g. Demolish or remove the existing house and driveway from the site, and remove all other
buildings, fencing, trailers, scrap metal, debris and junk from the site.
Commissioner Yarwood moved to have the city engineer approve the final construction and
engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway,
tree and street plans. The plans shall meet all the conditions and changes listed in the memo
from Michael Thompson dated May 11, 2007, and shall meet the following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall show:
(1) The proposed building pad elevation and contour information for each building site. The
lot lines on this plan shall follow the approved preliminary plat.
(2) Contour information for all the land that the construction will disturb.
(3) Building pads that reduce the grading on site where the developer can save large trees.
(4) The street and driveway grades as allowed by the city engineer.
(5) All proposed slopes on the construction plans. The city engineer shall approve the
plans, specifications and management practices for any slopes steeper than 3:1. On
slopes steeper than 3: 1, the developer shall prepare and implement a stabilization and
planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a
no-maintenance vegetation and be stabilized before the city approves the final plat.
(6) All retaining walls on the plans. Any retaining walls taller than four feet require a building
permit from the city. The developer shall install a protective rail or fence on top of any
retaining wall that is taller than four feet or as may be required by the city engineer.
(7) Sedimentation basins or ponds as required by the watershed board or by the city
engineer.
(8) No grading beyond the plat boundary without temporary grading easements from the
affected property owner(s).
(9) Emergency overflow swales as required by the city engineer or by the watershed district.
The overflow swales shall be 10 feet wide, one-foot deep and protected with approved
permanent soil-stabilization blankets.
(10) The drainage areas and the developer's engineer shall provide the city engineer with the
drainage calculations. The drainage design shall accommodate the run-off from the
entire project site and shall not increase the run-off from the site.
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(11) As little grading as possible east of the proposed cul-de-sac and town houses. This is to
keep as many of the existing trees on this part of the site as is reasonably possible.
c. *The tree plan shall:
(1) Be approved by the city engineer or environmental manager before site grading or
final plat approval.
(2) Show where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
(3) Show the size, species and location of the replacement and screening trees. The
deciduous trees shall be at least two and one half (2Yz) inches in diameter and shall
be a mix of red and white oaks, ash, lindens, sugar maples or other native species.
The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Austrian
pine, Black Hills spruce and other species.
(4) Show no tree removal beyond the approved grading and tree limits.
(5) Include for city staff a detailed tree planting plan and material list.
(6) Group the new trees together. These planting areas shall be:
(a) near the ponding area.
(b) along the north and south sides of the site to help screen the development from
the freeway to the north and from County Road D to the south.
(c) along the east side of the site to help provide screening of the new
constructions from the homes to the east.
(7) Require the developer to replace any trees that die within one year of planting. The
size and species of the new trees shall be subject to city staff approval.
d. The street, driveway and utility plans shall show:
(1) The street (Furness Place) shall be a 7-ton design with a maximum street grade of
eight percent and the maximum street grade within 75 feet of all intersections at two
percent.
(2) Water service to each lot and unit.
(3) The street with continuous concrete curb and gutter except where the city engineer
decides that it is not needed for drainage purposes.
(4) The coordination of the water service locations, alignments and sizing with the
standards and requirements of the North Saint Paul utility department. Fire-flow
requirements and hydrant locations shall be verified with the Maplewood Fire
Department.
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(5) All utility excavations located within the proposed right-of-ways or within easements.
The developer shall acquire easements for all utilities that would be outside the
project area.
(6) The plan and profiles of the proposed utilities.
(7) Details of the ponds and the pond outlets. The contractor shall protect the outlets to
prevent erosion.
e. The drainage plan shall ensure that there is no increase in the rate of storm-water run-off
leaving the site above the current (predevelopment) levels. The developer's engineer shall:
(1) Verify pond, inlet and pipe capacities.
(2) Have the city engineer verify the drainage design calculations.
3. Pay the costs related to the engineering department's review of the construction plans.
4. Change the plat as follows:
a. Add drainage and utility easements as required by the city engineer.
b. Label the new street as Furness Place on all plans.
5. Secure and provide all required easements for the development. These shall include any
off-site drainage and utility easements.
6. Sign a developer's agreement with the city that guarantees that the developer or contractor
will:
a. Complete all grading for overall site drainage, rough grading, and the tolerancing of the
public road and meet all city requirements.
b. 'Place temporary orange safety fencing and signs at the grading limits.
7. Submit the homeowners' association bylaws and rules to the city for approval by city staff.
These are to assure that there will be one responsible party for the care and maintenance
of the common areas, any outlots, private utilities, water services, landscaping and retaining
walls.
8. Record the following with the final plat:
a. All homeowners' association documents.
b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots
or parcels in the plat that would create additional building sites unless approved by the
city council.
c. A covenant or association documents that addresses the proper installation,
maintenance and replacement of any retaining walls.
Planning Commission
Minutes of 05-21-07
-14-
d. A covenant or deed restriction that prohibits any additional driveways (besides the new
street shown on the project plans) from going onto County Road D.
The applicant shall submit the language for these dedications and restrictions to the city
for approval before recording. The city will not issue a building permit until after the
developer has recorded the final plat and these documents and covenants.
9. The developer shall complete all grading for overall site drainage and shall rough grade and
tolerance the site to prepare for the public street and utility improvements. The city engineer
shall include in the developer's agreement all grading that the developer or contractor is to
perform before the installation of Furness Place as a public improvement project.
10. Obtain a permit from the Watershed District for grading.
11. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA).
12. Obtain the necessary approvals and permits from MnDOT.
13. If the developer decides to final plat part of the preliminary plat, the city staff may waive any
conditions that do not apply to the final plat.
Commissioner Pearson seconded.
Ayes - Desai, Fischer, Hess, Pearson,
Trippler, Yarwood
The motion passed.
This item will be heard by the CDRB on Tuesday, June 12, 2007, and to the city council on
Monday, June 25, 2007.
VI. NEW BUSINESS
None.
VII. UNFINISHED BUSINESS
Commissioner Pearson asked staff what the status was for the CUP for the Keller Lake
Convenience Store and the LP Tank at 2228 Maplewood Drive?
Mr. Roberts said staff had to get some answers to questions the commission had at the May 1,
2007, planning commission meeting. Staff is checking with the fire marshal and will bring the item
back to the planning commission to review a second time.
Commissioner Pearson said he was interested in receiving the information from the fire marshal
and what the state requirements for propane tanks are.
Planning Commission
Minutes of 05-21-07
-15-
Annual Tour Update
Mr. Roberts said that typically, the planning commission holds the tour from 5:30 - 8:30 p.m. on
an evening in mid-summer. Staff would suggest the tour be held on Monday, July 30,2007. At the
May 1, 2007, planning commission meeting the commission agreed with the date as suggested
by staff. In recent years, we have driven by many sites with little time for comment or discussion
at those locations. After a recent tour, several of the commission members suggested that having
fewer sites while allowing more time at those sites would be useful. We usually try to visit sites
that we know have upcoming proposals, where construction has started or where the contractor
recently finished the site work. Staff attached a first draft of possible tour sites forthe commission
to consider.
Commissioner Trippler said according to the draft list of sites, he thought it would be important to
visit the 3M Leadership Development Institute (LDI) at 2350 Minnehaha Avenue, the 3M Data
Center Building - 3M Building No. 277 on Conway Avenue, the Gladstone Neighborhood (English
and Frost Avenue), Gladstone Savanna, Carmax Auto Sales Site (NE corner of Highway 61 and
Beam Avenue), Costco - (Country View Drive and Beam Avenue), Legacy Village and Heritage
Square, Summerhill Senior Housing (935 Ferndale Street North), and the new Ramsey County
Library (3025 South lawn Drive). The dinner break could be at the Maplewood Fire Station,
Number 2, at 1955 Clarence Street.
Commissioner Desai was interested in further information regarding the Maplewood Toyota (2873
Maplewood Drive) (parking ramp), and the new Walgreen's site at Beam Avenue and White Bear
Avenue.
Commissioner Trippler asked what the status was at the St. Paul Tourist Cabin Site for the
proposal for senior housing for the Shores project.
Mr. Roberts said the city council met on May 14, 2007, for a proposal with DaBar Incorporated,
for 180 units of senior housing for the development called The Shores and the application for Tax
Increment Financing (TIF). The (TIF) proposal died on a 2-to-2 vote. Councilmember Kathleen
Juenemann had to leave the meeting early. The thought was if the city council had the full city
council present there may be a chance to get the (TIF) application passed with a third vote
making it a 3-to-2 vote. The developer may be resubmitting the (TIF) application, it sounded like
the developer wanted to continue moving forward with the project. Staff estimated the application
would come before the planning commission on June 19, 2007, the same night as the 2008-2012
(CIP) review.
VIII. VISITOR PRESENTATIONS
None.
IX. COMMISSION PRESENTATIONS
a. Mr. Yarwood attended the May 7, 2007, city council meeting at the Maplewood
Community Center.
There was a public hearing for the St. Paul Monastery Redevelopment (2675 Larpenteur
Avenue East), CUP for the Planned Unit Development, Preliminary Plat (Century Trails
Commons).
Planning Commission
Minutes of 05-21-07
-16-
Mr. Yarwood said because of the public hearing at the planning commission meeting a few
weeks ago someone decided to write threatening letters on behalf of the sisters at the
monastery to some people who were opposed to the project. In these letters they called
people names and threatening their families. He said that was bothersome and people should
be able to share their feelings during a public hearing and should be able to express their
views regarding a proposal no matter which side the person was on. He said that kind of
behavior should be condemned in the strongest possible terms. Nobody should be subjected
to that because of comments that were made during a public hearing. He said he hoped that
unfortunate event never happens again. After a four-to-five hour public hearing, the city
council tabled the discussion until the next city council meeting Monday, May 14, 2007. The
proposal was passed ayes all.
Mr. Roberts said the design of the buildings for the St. Paul Monastery will be reviewed by the
CDRB sometime this year.
b. Mr. Roberts reported on the May 10, 2007, Third South Moratorium meeting at the
Carver Elementary.
Mr. Roberts said staff members Tom Ekstrand, Dave Fischer and others were at the third
south moratorium meeting. The planning consultant Rose Lorsung spoke. There were about
35 people at the meeting. The fourth and last South Maplewood moratorium meeting will be
held Monday, June 4,2007, at Carver Elementary School from 7-9 p.m. At this meeting the
consultant will present final possible scenarios for density, development, with sewers and
without sewers for that area. From that presentation staff expects the city will work on the
comprehensive plan amendment and zoning changes that may be needed.
c. Mr. Walton was scheduled to be the planning commission representative at the May 14,
2007, city council meeting but switched dates for the June 11, 2007, meeting.
The city council meeting went until almost 1 :00 a.m. The only planning commission item was
the St. Paul Monastery Redevelopment at 2675 Larpenteur Avenue East for the (CUP) for
Planned Unit Development and the Preliminary Plat (Century Trails Commons) which was
passed by the city council ayes all.
d. Mr. Walton will be the planning commission representative at the June 11, 2007, city
council meeting.
Because the last city council meeting was May 14, 2007, there will be many things to discuss
this evening so it will be a very late night. Planning commission items to discuss include the
(CUP) for Costco at the north side of Beam Avenue, west of the Bruce Vento Trail and the
(CUP) for Corner Kick Soccer Center at 1357 Cope Avenue.
e. Mr. Desai will be the planning commission representative at the June 25, 2007, city
council meeting.
Items to discuss include the Pond Overlook, Rezoning (F(farm) to R-2), (CUP) for Planned
Unit Development, and the Preliminary Plat. The 2008-2012 Capital Improvement Plan may
also be discussed this evening.
Planning Commission
Minutes of 05-21-07
-17-
f. Dale Trippler asked staff what was happening with the revision of the Comprehensive
Plan?
Mr. Roberts said staff is trying to work with the city council and the City Manager to schedule a
joint meeting with the commission and the city council as recommended by the planning
commission. It looks like that could occur at the end of June or the first part of July. When that
has been confirmed, staff will let everyone know. The first goal is to work through the south
Maplewood area and then have the joint session with the commission and the city council to
look at goal setting and policies for the comprehensive plan and where the city council thinks
the city should go with the updating of the comprehensive plan.
Commissioner Trippler said he thought the comprehensive plan had to be done after the first
of the year?
Mr. Roberts said it would be ideal to have a draft of the comprehensive plan so the city could
send it out for comment and review. The Met Council wants the comprehensive plan update
done by June 2008.
Commissioner Trippler asked if the city is required to have other neighboring cities comment
on the comprehensive plan?
Mr. Roberts said yes. The City of Maplewood would have to give neighboring city's 30 or 60
days to review it once our city's draft is complete.
Commissioner Trippler said that brings the timeline forthe comprehensive plan to April or May.
He asked if the city was going to hire a consultant to help work revising the comprehensive
plan?
Mr. Roberts said that's a good question to ask at the joint session. Staff's preference would be
to say yes, but ultimately that will be up to the city council and the city manager depending on
what is in the budget. The city will be starting the budget process soon for 2008. Staff will
encourage the city to set money aside in the budget for the purpose of hiring a consultant to
work on the comprehensive plan.
Commissioner Trippler said if the city doesn't hire a consultant to work on the comprehensive
plan, how does staff anticipate the work will get done?
Mr. Roberts said he didn't know at this point.
Chairperson Fischer said in the past the city has received an extension. It's not uncommon
that a community can't meet the deadline for some reason and asks the Met Council for an
extension.
Mr. Roberts said staff heard this year the Met Council doesn't want to give extensions.
Chairperson Fischer said the City of Maplewood has had a good record with the Met Council
so maybe they would give an exception.
Planning Commission
Minutes of 05-21-07
-18-
Mr. Roberts said the last time the comprehensive plan was updated at the City of Maplewood
it was two years late. The grant that the City of Maplewood received for the Gladstone area for
$1.8 million came from the Met Council so the city will want do what they can so nothing is
jeopardized. It will be important to do what the city can to complete the comprehensive plan on
time.
g. Commissioner Hess said on Wednesday, May 16, 2007, he took a class called
Advanced Zoning Applications at the U of M Conference Center.
Commissioner Hess said the Advanced Zoning Application class was informative. They
discussed conditional use permits and planned unit developments. There was a teacher and a
Land Use Attorney in the classroom, which was interesting to hear the legalities of zoning,
variances and the ways things are applied.
h. Update on two planning commission openings.
Mr. Roberts said there are still two openings on planning commission.
Commissioner Desai asked if the city had received any applications for the planning
commission?
Mr. Roberts said staff wasn't sure if the planning commission openings had been advertised or
not. There is also one opening on the HRA as well.
Commissioner Trippler asked if the Environmental and Natural Resources Commission had
filled their vacancy yet?
Mr. Roberts said he wasn't sure. The advertising and interviewing for openings on the boards
and commissions is now being done through the City Manager's office.
X. STAFF PRESENTATIONS
Monday, June 4,2007, will be the last south Maplewood meeting at Carver Elementary from 7:00-
9:00 p.m. The next planning commission rneeting will be held Tuesday, June 5, 2007.
That evening there will be a Sustainable Building Presentation from 5:30-8:00 p.m. at the
Maplewood Community Center - Banquet Room. This meeting will be conducted by Rick Carter,
Senior V.P. of LHB Corporation and Cliff Aichinger from the Ramsey-Washington Metro
Watershed District. The purpose of the meeting is to discuss sustainable development, green
building and energy conservation. Public Works will be sending invitations to the boards and
commissions. The planning commission meeting will start at 8:00 p.m. in the city council
chambers. Mr. Roberts said the (CUP) for the Keller Lake Convenience Store forthe LP Tank at
2228 Maplewood Drive may be brought back for this meeting. There have been no public
hearings scheduled for this meeting.
XI. ADJOURNMENT
The meeting was adjourned at 8:37p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
PROJECT:
OWNER:
LOCATION:
DATE:
City Manager
Ken Roberts, Planner
Conditional Use Permit Revision
Keller Lake Convenience
Roger Logan
2228 Maplewood Drive
May 24, 2007
INTRODUCTION
Project Description
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. Please see the maps
and plans on pages 8 through 11 for more information about this property and facility.
The city approved a permit for the installation of the LP dispensing facility about one year ago. As
shown on the attached site plan on page 11, the contractor installed the tank about 15 feet from the
east property line of the site (exceeding the ten-foot setback requirement of the state fire code).
Unfortunately, the city issued the permit for the tank in error since the city code requires the owners
or contractors that install such tanks to usually keep them at least 350 feet from a residential
property. City staff is working with the ownerloperator of the store, Mr. Logan, to resolve this matter.
Requests
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 non-
conforming 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.
City Code Provisions
Section 44-512 (8) of the city code allows motor fuel stations in the Be (business commercial)
zoning district with the city approval of a eup if the site is at least 350 feet from a residential lot line.
The city has zoned this site M-1 (light manufacturing) and many of the city zoning regulations for the
M-1 district come from the Be zoning district This motor fuel station has been in operation for many
years and was in place before the city changed the code in 1992 to require the 350-foot spacing
between motor fuel stations and residential land uses. The site, however, is next to property that the
city has planned and zoned for residential use. As such, it is now a nonconforming use in the M-1
zoning district.
Section 44-12 of the city code provides standards and guidance to the city about nonconforming
buildings and uses in Maplewood. Specifically, Section 44-12 (e) (2) of the city code allows the city
to approve the enlargement, reconstruction or structural alteration of an existing bUilding or use that
is not permitted in the zoning district (nonconforming) if the city determines that there would not be a
significant effect, as determined through a conditional use permit, on the development of the parcel
as zoned. The proposal to keep the LP (liquid propane) dispensing facility to an existing, legal,
nonconforming motor fuel station is an enlargement of a nonconforming use.
Background
Fuel Station
April 11, 1988: The city council approved this CUP.
August 14, 1989: The city council moved to increase the height of the screening fence to eight feet.
November 27,1989: The city council reviewed this CUP and scheduled review again in two years.
December 28, 1992: The city council reviewed this CUP and scheduled review again in five years.
October 27, 1997: The city council reviewed this CUP and scheduled review again in five years.
November 13, 2002. The city council reviewed this permit and agreed to review it again in five years.
City Code Chanaes
On December 23, 1985, the council adopted a code amendment about the zoning and licensing
requirements for LP gas dispensing facilities. This code amendment made LP gas dispensing
facilities a permitted use in the BC and M-1 zoning districts.
On July 13, 1992, the city council adopted a zoning code update for all the commercial zoning
districts including their permitted and conditional uses. This code amendment required all motor fuel
stations to be at least 350 feet from a residential property line and kept LP gas dispensing facilities
as a permitted use in the BC and M-1 zoning districts (with the additional requirement that they also
be at least 350 feet from a residential land use).
DISCUSSION
On May 1, 2007, the planning commission first reviewed this proposal. The planning commission,
after much discussion, tabled the matter to allow staff to research several questions. These included
safety and setback standards for propane dispensing facilities. (See the meeting minutes starting on
page 30.)
Conditional Use Permit
The contractor for the LP tank installed the tank in 2006 in compliance with state fire safety
requirements (which requires at least a ten-foot setback from a residential property line). The
Maplewood Code, however, now requires a 350-foot setback for motor fuel stations and for LP
distribution facilities from a residential property line. Unfortunately, in this case, the city issued the
permit for the LP tank in error, as city staff was not aware of the 350-foot spacing from a residential
use requirement in the city code.
While it is true that the city code usually requires a 350-foot setback for an LP sales facility from a
residential property, the primary concem with such a facility should be that of public safety. The state
fire code, according to the fire marshal, requires a 1 O-foot setback for such a tank from a property
line. In comparison, one could consider the city's 350-foot setback requirement as excessive and not
2
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. (Please see the aerial photograph on page 10.)
Additional Information
In response to the request of the planning commission, I posed several questions to the Fire
Marshal about this and similar facilities. I have included my questions and his responses to those
questions (with fire code information) starting on page 12.
City staff also surveyed several area cities to see what, if any setback or safety regulations or
standards they might have for propane dispensing facilities. The communities that staff surveyed
include Oakdale, Woodbury, Roseville, Vadnais Heights, White Bear Lake, Stillwater, and Inver
Grove Heights. The following is the information staff found:
Oakdale: We have attached a copy of the Oakdale city code that addresses the issue of the LP
bulk tanks within the city (Sec. 5-41 and Sec. 25-102). (See the code sections on pages 20 - 22).
The Oakdale City code restricts the bulk storage of LP gas in residential districts. In a general
industrial district, the "bulk storage of liquid", is permitted but has speCific guidelines conceming
setbacks from other buildings, properties, and zones. An interpretation of these setbacks by
Oakdale staff indicates that a tank must be located at least 20 feet from an interior lot line, and 50
feet from a residential zoning boundary. Article 15, Sec. 25-166, pertaining to the bulk storage of
liquid, states "All uses associated with the bulk storage of all gasoline, oil, liquid fertilizer, chemical,
flammable and similar liquids shall comply with requirements of the Minnesota State Fire Marshal
and Minnesota Department of Agriculture Offices and have documents from those offices stating the
use is in compliance."
Woodbury: Woodbury requires a conditional use permit for outdoor bulk tanks and does not
specifically require a setback, but an interpretation of city code from the planner there indicated that
he thought the setback from another building was 110 feet in a scenario such as this.
Roseville: The Roseville City code requires a conditional use permit for LP tank facilities. The
planner there felt that Roseville would require an industrial use like bulk storage and distribution of
LP to be 60 feet from the front property line, 40 feet from the side property line, and 100 feet from
the rear. This is Roseville's basic zoning setback for an industrial use abutting a residential use. The
planner staff spoke to was not aware of any specific setback requirement for a bulk-refilling tank in
Roseville other than those required by the fire marshal.
White Bear Lake: The city planner in White Bear Lake was not aware of any setback specific to an
LP bulk tank next to a residential lot in that city. The planner there thought they would require a
conditional use permit for such a facility and that it would have to follow the standard setbacks for
the zoning district that it was in.
Stillwater: The planner at Stillwater stated that the City of Stillwater does not have any setback
requirements specific to bulk LP Refilling stations or tanks, but said that they adopted and follow the
fire marshal and state requirements.
Inver Grove Heights: City staff spoke with the community development director who indicated that
Inver Grove Heights has specific setbacks for commercial and industrial uses located near
residential zones. After analysis of Inver Grove's city code, there is no setback specific to LP
refilling stations or bulk tanks but there are specific setbacks for buildings on commercial and
industrial zones that are next to residential zones. We have attached is a section of Inver Grove
Heights city code which contains a table detailing permitted uses in each zone. (See the Inver
3
Grove Heights Zoning Use chart on pages 23 - 29.) Fuel storage and dispensing with conditions
with retail sales limited only to propane is allowed in B-1, 1-1, and 1-2 zones. They only permit a fuel
storage tank such as crude oil, gasoline, natural gas, propane and other fuels in an 1-2 zone. We
also have attached the descriptions of each of these zoning districts along with a table containing
the required setbacks for each of the zoning districts. (See the chart on page 29.)
One should note that none of the communities that staff surveyed had any detailed setback
guidelines specific to a LP bulk tank other than the normal zoning/code requirements or fire marshal
requirements for their cities.
CUP for Expansion of a Non-Conforming Use
Maplewood requires a conditional use permit for all new commercial buildings and land uses in the
M-1 zoning district if such uses would be within 350 feet of a residential district. In this case, the city
has planned and zoned the properties adjacent to the site to the east for single-family dwellings. The
city should assure through the CUP review and approval process that the commercial building and
associated site activities would not be harmful to the nearby residents. As I discussed above, staff is
confident that with the existing screening and the proposed conditions of approval that this proposal
can be compatible with the nearby residential properties.
When reviewing a request such as this, it is important for the city to consider the health, safety and
welfare of the residents. As I noted earlier, the setback from the east property line exceeds the
states requirements. In addition, the tank is at least 130 feet from the house to east of the site - thus
providing separation and a level of safety for the occupants of that home. These factors, along with
the existing screening fence that is in place and the lack of concem from the Maplewood police and
fire personnel for this facility, provide the city a level of assurance that this facility does not pose a
public health, safety or welfare risk.
Potential Outdoor Sales Concerns
Possible Nuisances - The city always is concemed when a property owner wants to expand or
intensify a commercial business when it is near an existing residential district. As such, the city will
want to ensure that this expanded facility, if approved by the city council, will not cause any
problems or nuisances for the neighbors.
Lighting - The owner is not planning to add any outdoor lighting with this proposal. If the owners
want to install outdoor lighting in the future, they would have to submit to city staff for approval a
lighting plan. This would be to ensure that any freestanding lights would not exceed 25 feet in height,
including the base of the light, and that the light illumination at all property lines would not exceed .4
foot candles.
Public Safety - Lieutenant Rabbet! reviewed the current proposal and states that there are no
significant public safety concerns. He suggested limiting the hours of operation to ensure no noise
complaints from the adjacent residential properties.
Fire Safety - Butch Gervais, Fire Marshal, stated that 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.
Screening - In this case, city does not have any major concems with the addition of the LP sales
tank to the site. There is an existing screening fence between the site and the residential property to
4
the east that limits the visibility of the commercial property from the adjacent residential property.
The small number of employees and trucks and the limited hours of operation should ensure that
this proposal could be compatible with the nearby residential area.
RECOMMENDATION
A. Adopt the resolution starting on page 38 (Attachment 9). This resolution approves a 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. The city bases the approval of the permit
revision on the findings required by the code. This permit shall be subject to the following
conditions (the deletions are crossed out and the new conditions are underlined):
1. i\dherence to the site plan presented at the J'.pril 11, 1988 Council meoting, unle!:s a change
is approved by the City's Community DesigA-Review Board. A copy-ef this plan shall be filoo
with tho Community Development Departmenh
1. All construction and activities on the site shall follow the site and proiect plans as approved
bv the city. Citv staff mav approve minor changes to these plans and the city council must
approve maior chanaes to the approved plans.
2. Tho site shall-bo kept fr.ee of rubl3le,-jllnk, junk COFS-afld part!: anG4el3ris. Nonpaved aroas
shall be kept mO'Ned and plameG.J;\'ith gr.a!:s, including boulevards.
2. The owner or operator shall keep the properlY free of iunk. or inoperable motor vehicles and
debris and thev shall keep the non-paved areas planted with grass and mowed on a reaular
basis.
3. There !:hall be no light or glare onto the home to the east.
3. The owner or operator shall ensure that there is no light or light glare from the site on the
residential properlY to the east. If the owner or operator wants to add lights or make any
chanaes to the exterior lighting on the site. they shall submit to the city a detailed site-liahting
plan that includes fixture design. pole heights and light-spread intensities at residential lot
lines. This plan shall ensure that residential neighbors cannot see any liaht bulbs or lenses
directly and that Iiaht intensity and light spread meet the parameters of the city's lighting
ordinance. The owner or operator shall submit this plan to the city for staff approval.
~. i'.ny sound from exterior speal<or!: shall not be audible at tho oasterly property line.
4. The owner or operator shall ensure that anv sound from exterior speakers is not audible at
the easterlv properlY line of the site.
5. Thore shall be no gas deliveries before 7:00 J'.M or after 10:00 PM.
5. There shall be no motor fuel. propane or other deliveries to the site between 10:00 PM and
7:00 AM.
6. Con!:truGtiGn of a six foot high fence along the ea!:t side of the site.
5
6. The owner or applicant maintain a screeninQ fence that is at least six-feet-tall and 100
percent opaQue around the east and north sides of the properlY. The owner shall maintain
and repair the fence so that it remains in aood condition and so it is 100 percent opaQue.
7. Hours operation shall be from 6:00 /\M to 11:00 PM.
7. The hours operation for the store and business shall be limited to the hours between 6:00
AM and 11 :00 PM.
8. The city council shall review this permit revision in one year.
6
REFERENCE INFORMATION
SITE DESCRIPTION
Site Size:
Existing Land Use:
13,068 square feet (.30 acres)
Keller Lake Convenience Store
SURROUNDING LAND USES
North:
South:
East:
West:
Menards
Keller Golf Course across County Road B
Single dwellings planned and zoned R-1
Frontage Road and Highway 61
PLANNING
Land Use Plan:
Zoning:
M-1 (light manufacturing)
M-1 (light manufacturing)
ORDINANCE REQUIREMENTS
Section 44-512 (8) of the city code allows motor fuel stations in the BC (business commercial)
zoning district with the city approval of a CUP if the site is at least 350 feet from a residential lot line.
Section 44-512(4) requires a CUP for the exterior storage of goods or materials.
Section 44-637(b) requires a CUP for any building or exterior use within 350 feet of a residential
district.
CRITERIA FOR APPROVAL
Criteria for Conditional Use Permit Approval
Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. (See
findings 1-9 in the resolution on pages 38 - 40.)
P: Sec 9/ Keller Lake Convenience - 2007
Attachments:
1. Location Map
2. Property Line/Zoning Map
3. Aerial Photograph
4. Partial Site Pian
5. E-mail and Fire Code Information
6. Oakdale Zoning Code Sections
7. Inver Grove Heights Zoning Code Sections
8. May 1, 2007 Planning Commission Minutes
9. Resolution for a Conditional Use Permit Revision
7
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PARTIAL SITE PLAN
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Attachment 5
Butch Gervais, Assistant Chief/Fire Marshal
City of Maplewood
1955 Clarence
Maplewood, MN 55109
(651) 249-2804 Office
(651) 249-2809Fax
From: Ken Roberts
Sent: Wednesday, May 02, 2007 11:30 AM
To: Butch Gervais
Cc: Dave Fisher; Tom Ekstrand
Subject: Propane Tanks
Hi Butch -
The Planning Commission asked me to get more information for them about LP refilling tanks
such as the one at the Keller Lake Convenience Store at 2228 Maplewood Drive. What they are
looking for is information about the following:
1. What would likely happen if the tank developed a leak? Where would the propane go?
What safety features does that tank have to help minimize the risks to the neighbors?
2. What could cause a tank like that one to explode? How often, if ever, do such commercial
LP tanks explode? If it did explode, what might happen?
3. Is it necessary or even practical to have a concrete safety barrier or wall installed on the
east side of the tank (to help protect the house that is about 133 feet to the east of the
tank)?
4. Are there state or federal codes or safety standards for the installation and operation of
such tanks that you could provide to me that I could share with the PC and with the City
Council?
5. How is the safety or risk level of this tank compared to other hazards in the world - fires,
car accidents, accidents in the home, etc.
6. Bottom line - is this a safe place for the tank and does this installation pose much of risk
for the homes to the east?
7. Also, does it matter where the underground fuel tanks for the station are on that site and
does their location pose any special concern on this property?
That's it for now. Thanks for your help in this.
Ken
1. Propane is heavier than air so it would stay low and can be controlled with water spray
2. If there was heavy fire impinging and relief valves did not work containers can act like a
rocket
3. I don't believe it would be necessary
4. I have attached information
5. There is a risk with everything but I see no big issue with this tank
6. I feel everything should be okay
7. I am not aware of any concerns
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6,3,1 Containers installed outside of buildings, whether of the portable type replaced on a
cylinder exchange basis or permanently installed and refilled at the installation, shall be located
with respect to the adjacent containers, important building, group of buildings, or line of
adjoining property that can be built upon, in accordance with Table 6.3.1, Table 6.4.2, Table
6.4.5.8, and 6.3.2 through 6.3.12.
Table 6.3.1 Separation Distanees Between Containers, Important Buildings, and
Other Properties
Minimum Distances
Mounded or
Water Capacity Underground Abovegrouod Between
per Container Containersu Containersb Containersc
gal m3 ft m ft m ft m
<125d <0.5d 10 , Oc Oc 0 0
,
125-250 0.5-1.0 10 3 10 3 0 0
251-500 1.0+-1.9 10 3 10 3 3 I
-?- 501-2000 1.9+-7.6 10 3 'Sf 7.6 3 I "f!--
..;:.-
2001-30,000 7.6+-114 50 15 50 15 5 1.5
30,001-70,000 114+-265 50 15 75 "
-,
70,001-90,000 265+-341 50 15 100 30
90,001-120,000 341+-454 50 15 125 38 III of sum of
diameters ot
120,001-200,000 454+-757 50 15 200 61 adjacent containers
200,001-1,000,000 757+-3785 50 15 300 91
> I ,000,000 >3785 50 15 400 122
a See 6.3.4.
b See 6.3.12.
cSee6.3.11.
d See 6.3.9.
c See 6.3.7. 6.3.8, and 6.3.9.
f See 6.3.3.
Copyright NFP A
14
6,5 Location of Transfer Operations,
6.5,1 * Liquid shall be transfened into containers, including containers mounted on vehicles,
only outdoors, or in structures specially designed for that purpose.
6.5.1.1 The transfer of liquid into containers mounted on vehicles shall not take place within a
building but shall be permitted to take place under a weather shelter or canopy (see 6.22.3.3).
6.5.1.2 Structures housing transfer operations or converted for such use after December 31,
1972, shall comply with Chapter 10.
6,5,1.3 The transfer ofliquid into containers on the roofs of structures shall be permitted,
provided that the installation COnfOffilS to the requirements contained in 6.6.7 and 6.17.11.
6.5.1.4 The transfer hose shall not be routed in or through any building except those specified
in 6.5.1.2.
6.5.2 Filling of containers located outdoors in stationary installations in accordance with
Section 6.3 shall be permitted to be filled at that location.
6.5.3 If the point of transfer of containers located outdoors in stationary installations is not
located at the container, it shall be located in accordance with Table 6.5.3.
Table 6,5.3 Distance Between Point of Transfer and
Exposures
Part Exposure
A Buildings,. mobile homes, recreational
vehicles, and modular homes with
fire-resistive wailsb
B Buildings. with other than fire-resistive
wailsb
C Building wail openings or pits at or below
the level of the point of transfer
D Line of adjoining property that can be built
upon
E Outdoor places of public assembly including
schoolyards, athletic fields, and playgrounds
F Public ways including public streets,
highways) thoroughfares, and sidewalks
(I) From points of transfer in LP-Gas
dispensing stations and at vehicle fuel
dispensers
(2) From other points of transfer
G Drivewaysd
Copyright NFP A
15
Minimum
Horizontal
Distance
ft
10'
m
3.1
25C
7.6'
25C
7.6'
25'
7.6'
50'
15'
10
3.1
25C
5
7.6'
1.5
Table 6,5.3 Distanee Between Point of Transfer and
Exposures
Minimum
Horizontal
Distance
Part Exposure f! m
H Mainline railroad track centerlines 25 7.6
t Containers' other than those being filled 10 3.1
J Flammable and Class II combustible Iiquidf 10' 3.1'
dispensers and the fill connections of
containers
K Flammable and Class II combustible liquid 20 6.1
containers, aboveground containers, and
containers underground
'Buildings, for the purpose of the table, also include structures such
as tents and box trailers at construction sites.
bWalls constructed of noncombustible materials having, as erected,
a fire resistance rating of at least 1 hour as detennined by NFP A
251, Stal1dard Methods of Tests of Fire El1dural1ce of Buildil1g
COl1structiol1 al1d Materials.
'See 6.5.4.4.
dNot applicable to driveways and points of transfer at vehicle fuel
dispensers.
eNot applicable to filling connections at the storage container or to
dispensing vehicle fuel dispenser units of 2000 gal (7.6 m3) water
capacity or less when used for filling containers not mounted on
vehicles.
fNFPA 30, Flammable al1d Combustible Liquids Code, defines
these as follows: Flammable liquids include those having a flash
point below 1000F (37 .80C) and having a vapor pressure not
exceeding 40 psia (an absolute pressure of2068 mm Hg) at 1000F
(37.80C). Class II combustible liquids include those having a flash
point at or above 1000F (37.80C) and below 1400F (600C).
Copyright NFP A
16
1.1 Spacing of Containers.
Figure Uta), Figure U(b), and Figure U(c) illustrate container spacing required in 6.3.1.
Central AlC
compressor
(source of Ignition)
".---=:=-
//
Cylinders nof IllIed on site
,
Cylinder tilled on sl1e lrom bulk trlick
For 51 unils, 111 = 0.3048 m
Note 1: 5.1l minimum Irom relief valve in any direction away
Irom any exterior source 01 ignition. openings into direCI-
venl appliances. or mechanical ventilation air inlakes.
Reier 10 6.3.7.
Note 2: IIlhe cylinder is filled on site Irom a bulk truck. the
filling connection and venl valve must be at least 10 It ham
any exterior source of ignition. oponings into direcl-venl
appliances. or mechanical ventilation air Inliikes.
Refer 10 6.3.9.
NOle 3: Refer to 6.3.7.
FIGURE I.l(a) Cylinders. (This figure for illustrative purposes ollly; code shall go vel'll.)
Copyright NFP A
17
.//
/
./
/
/
/~
For 51 units. lit = 0.3048 rn
NDtel: Regardless ot :Is s~e. any ASME conlamef hlled on
sila must be located so lhm tho H!ling connection and fixed
maximum liquid level gauge a'e at least 10 fI Irorn "ny
external source 01 igniliol1 (e.g., open 1Iarne, window MG,
compressorl. inlake to direcl.venled gas ?ppliance. or intake
to a mechanical venlilation syslem.
Reier Ie 6.3.9.
NOle 2: Rele' 10 6.3.9.
Neto 3: This distance may be reduced 10 no less lhan 10 II for n
singlo container 011200 gal (4.5 m3) waler capac'ly 0' less.
provided such conlamer:5 at 100st25 Ii irem any olher I.P.Gas
comainer cl more Ihan t25 gal (0 5 mO) water capacily Reier
106.3.3.
FIGURE I,l(b) Aboveground AS ME Containers. (This figure for illustrative purposes
ollly; code shall govem,)
Copyright NFP A
18
~~
~~
::--:;:: "'-
::-...,'""'-..; ~
tJl ~ Inlake 10 direcl- "-
~I'V/P~~!I!!~ ~ >- ~
~ '-~B ~ windO\'J air .
nn :> \ . 1~~~'.i'.-.: condl\iOn~\gr;\\lr~ -
':101; {lOin).,. "" ~: _ '" ;i,\50Urceo ~~
\ {Noto 11,..~-.._ " 10ft (miol-,"'- ~,." '.'
10ft(min} \ -.....;'".;;..:,-3 .l~OIe ,1~ ~ ~p
iNcleIIV~;:~frf/
t::::l i~/ (Note 2) Crawl space opening.
". ~ ~: : l r.........., window, or exhaust fan
,20fl~' ": ... .
, 0 vOg ''-. ' 10 II (lOin) /
'<Ioss' _11" " (NoIQ 21' /
"'.,,'~ ,I .' ......'-....... /'
',,' 7'
/'
NOle I: The relief valve. filling connection. and Equid fixed maximlJrn level
N ::l t rid; . . glluge vent conn~!ion althe container must bc at tl:asl10 It from MI,' exlenar
,ear.sl ne 0 a 'bornmg SQurce of ignilion, openings IniO direc!.vent "pplianee;. or mechanical
proper y mal can e vantllntlon a'r Intnkes Refer to 6 32
burll upon //
~ /' Nole 2 No part of an underground ccntainer shell be lass Ihan 10 I; Irom an
~/ Imporlanl bUilding or line of adlo.nrng properly Iha! can be built upon. Reier 10
/' 6.3.2.
/
Crawl space opening
1
CantralNC ,/
compressor
(source of ign:lion)
/
/'
,,//'
/
,/
/
For 51 unils. lit = O.304B m
FIGURE I.1(c) Underground ASME Containers. (Thisfigurefor illustrative purposes
ollly; code shall gOllem,)
Copyright NFP A
19
Attachment 6
~ ~\-Q...,
\.jCC
City ofOali.dale Chapter 25 of the Zoning Code
ARTICLE 15. G.I. DISTRICT. GENERAL INDUSTRIAL
See, 25-101 Purpose.
The purpose of the General Industrial District is to provide for light and heavy manufacturing, large-
scale warehousing, truck terminals, and businesses which require large amounts of outdoor storage.
See, 25-102 Uses in the General Industrial District.
(a) Permitted Uses:
(1) Any Permitted or Special Use of the Industrial-Office District.
(2) Heavy manufacturing.
(3) Warehousing.
(4) Truck terminals.
(5) Bulk storage ofliquid.
(b) Accessory Uses: In addition to those subordinate uses which are clearly and customarily
incident to the principal uses, such as parking lots and off-street loading facilities, the following
additional accessory uses will be permitted on the lot occupied by the principal use:
(1) Service facilities providing personal services, education, recreation, entertaiJ.m1ent, food
and convenience goods primarily for those personnel employed for the principal use.
(2) Motor fuel station car wash.
Sec. 25-103. Access.
(a) Access to industrial development shall be allowed only on arterial or collector streets, or a street
specifically designed for such development.
(b) Curb cuts within a single proposed site shall not be spaced closer than 150 feet. Industrial
developments of a small scale shall be encouraged to develop a common access drive and
parking facilities. Incentives, such as reduction in setback and/or parking requirements, may be
provided at the discretion of the City Council.
(c) A turning lane and its appropriate right-of-way must be provided if the City Council determines
that one is needed.
Section 25-101/0 25-113
Revised June, 2005
Page 55
20
City of Oak dale Chapter 25 of the Zoning Code
See, 25-104 Requirements on Setbacks, Yards, and Heights.
(a) The minimwn building setback from any lot line or public right-of-way shall be as set forth
below.
(1)
(2)
BUILDING SETBACKS FEET
Minor Arterial Street 40
Collector Street 40
Local Street 40
Interior Lot Line 20
Residential Zoning Boundary 50
PARKING LOT OR
CIRCULATION DRIVE FEET
Minor Arterial Street 10
Collector Street 10
Local Street 10
Interior Lot Line 5
Residential Zoning Boundary 30
(b) Buildings may exceed thirty-five (35) feet in height if their design COnfOID1S to Minnesota State
Building Code, Section 1306.
See, 25-105 Exterior Storage.
All exterior storage of raw materials, supplies, finished or semi-finished products and equipment shall be
excluded from the front yard and shall be screened from view from the public right-of-way by an opaque
wall or fence.
Sec. 25-106 to 25-113 Reserved.
Seelio'" 25-]0] 10 25-] 13
Revised June, 200j
Page j6
21
Of\ \;:.. "DA.L.!:::
Sec. 5-40. Establishment of Limits of Districts in which Storage of Flammable or
Combustible Liquids in Outside Aboveground Tanks is to be Prohibited.
(I) The limited referred to in Section 79.50 I of the UFC, in which storage of flammable or
combustible liquids in outside. aboveground tanks is prohibited. are hereby established as
follows:
Residence One District Residence Two District Residence Three District, Residence
Four District, Residence Five District, Residence Six District Neighborhood Commercial
District and Community Commercial District.
(2) The limits referred to in Section 79.1401 of the UFC, in which bulk new plants for
flammable or combustible liquids are prohibited. are hereby established as follows:
Residence One District. Residence Two District, Residence Three District, Residence
Four District, Residence Five District, Residence Six District. Neighborhood Commercial
District and Community Commercial District.
Sec. 5-41. Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is
Restricted. The limits referred to in Section 82.103(a) of the UFC, in which bulk storage of
liquefied petroleum gas is restricted, are hereby established as follows: Residence One District.
Residence Two District, Residence Three District, Residence Four District, Residence Five
District, Residence Six District Neighborhood Commercial District, Community Commercial
District, Industrial Office District and General Industry District.
Sec. 5-42. Establishment of Limits of Districts in which Storage of Explosives and Blasting
Agents is Prohibited. The limits referred to in Section 77.106(b) of the UFC, in which the
storage of explosives and blasting agents is prohibited, are hereby established as follows:
Residence One District. Residence Two District. Residence Three District Residence Four
District, Residence Five District. Residence Six District. Neighborhood Commercial District.
Community Commercial District, Industrial Office District and General Industry District.
Sec. 5-43. Amendments made in the lVIUFC. The MUFC is amended and changed in the
following respects:
Section 2.10J. Responsibility for Enforcement. In this and following sections.
wherever the tenn "chief" appears in the code. it shall mean State Fire Marshal except
that it shall also include the Chief Building Inspector or the Chief Building Inspector's
duly authorized representative, of the jurisdiction adopting this code.
Sec. 5-44. Violation.
(a) Any person who shall violate any of the provIsIons of this code or standards hereby
adopted or fail to comply therewith or who shall violate or fail to comply with any order
made thereunder, or who shall build in violation of any detailed statement of
specifications or plans submitted and approved thereunder. or any certificate or permit
Chapter 5 - Page 13
22
J~Jt
j~...:s. f...O OJ Subd. 16. Land Uses - All Non-Residential Zoning Districts
t 'f C9 ::;;:. P = Permitted Use
. C = Conditionally Permitted Use
A = Accessory Use
Attachment 7
City of Inver Grove Heights - Bnsiness and Industrial Districts Use Chart
Zoning District
Use B-1 I B-2 B-3 B-4 lOP I-I 1-2 IP MU Comm Office
PUD PUD
Additional buiiding height (See C C C I c c c c c c I c C
Section 515.i0. Subd. 121
Adult uses (See Sect. 515.90, SuM. I C I I I c I
30\
Airport I I T C I
Antennas, commercial (See Sect. A A A A I A A A A A I A
515.90, Subd. 31\
Antennas. non-commercial (See A I A A I A A I A A A A A A
Secl 515.90, Subd. 31{B), exception
note) - ,
Antique shop I P I p I p I I I I
Apoliance store P I P P I I I
Art studio (non-retail) P I I I p C I
Auto parts and accessories P I p p I I I I I
store, no on~site shoo or repairs
Automobile Bodv Shop I I A I I p I I T
Auto reDair - maior I I I A I I p I I I I
Auto reDair - minor I I p I c I I p I I
Automobile Service Station (See I C C C I p I I
Sect. 515.90, Subd. 24)
Automobile Service - as C
accessory to relail sales (See
Sect. 515.90, Subd. 42)
Automobile Service Center I I C I I I
AutomDbile and Off-highway C I I I
vehicle sales
BanelShon P p I p I p I IA P I
Bakeries - retail I p p p I I I I p C I
Bank (See Sect. 515.90. Subd. 25) I P P P P I I I p
Bar (Tavem) - See "Drinking I C I p p I
Establishment"
Barber/beautv shan C P P I p I I p I C
Bicvcle sales and renair P p I P I I p I C
Billboard (See Sect. 515.90. Subd. I I I I c C I
29(C5)\
Boat and marine sales (enclosed I I p p I
buildino)
Book slore I P P P I C
Botllino Works . I p
Buildino materials vard I C C I C
Bus terminal I C P
Bus terminal and reoair oaraqe I p I
Business and trade school I C C IC
City Qf Inver Grove Heights
Zoning Ordinance
November 8, 2004-
p.80-19
23
-*
City of Inver Grove Heights - Business and Industrial Districts Use Chart
Zoning District
Use B-1 B-2 B-3 B-4 OP I-I 1-2 P MU Comm Office
PUD PUD
Car wash I p A A I I I
Cemeterv. includino mausoleum I I I I p I I I
Church I I C I p I
Clinic (medical and dental) I p I p p p I p C C
Clothino stare I I p I p I p I I
Clubhouse and olher golf course I I I I I I I A I
structures .
Coftee Shoo I p I p p p I I I I A I p I
Commercial oreenhouse I I p I I I I
Commercial television and radio I C I
transmitters
Construction office/trailer, P P P P P P P P I p p p
temDorarv
Contractor's shoo indoor I I p p I
Contractor's yard - outside but I I I I C C I I
enclosed with fence I
Convenience store w/ gas sales I C C C I C I I C
(See Sect. 515.90,SuOO. 24)
Convention center I C I I I I
Convents, seminaries, I I A
monasteries, and nunneries;
rectories, parsonages and parish
houses: religious retreats when
accessorv to a nlace of worshin
Coov center I C P P I p I p C C
Crematorium P I p I p I I I I I
Dav care facilitv C I C I C C I I IC C T
Dessert shan I P I p I p I I I p I c
Drinkino establishment I C P I p I I I I I
Druostore --c- P p I p I I I p
Dry cleaning; laundry pick-up C P P P I p C
stations
Electrical, heating. plumbing, I C P P I
and aDDliance reDair
Enclosed maintenance facility C C C
when architecturally compatible
with the surroundinos
Essential services I p p p p p I p p p p p I p
Essential service buildinos C C I C C I C I C C C I
Fences (See Sect. 515.90. Subd. A A A I A A I A A IA A I A A
20) .
Floor coverino stores I P P P I I I I
Florist - retail sales P I p p I I C
Fuel storage and dispensing P p P
with conditions:
a) exclusive use by owner; b) no
retail sales exceDt for DroDane
Cit)' qf Inver Grove Heights
Zoning Ordinance
iVovember 8. 2004
p. 80-20
24
City of lnver Grove Heights - Business and Industrial Districts Use Chart
Zoning District
Use B-1 B-2 B-3 I B-4 OP I-I 1-2 IP MU Carom Office
PUD PUD
Fuel storage tank such as crude C
oil, gasoline. natural gas,
propane and other fuels
Furniture store I P I p p I I I I
Gallerv I C I p p p I I I I
Game arcade I C I p p I I I I
I Garden supplv store I P P I I I I
Garden supply store: outdoor I I I A A I I I I I
sales and disnlav area
Gift shoo I P I p p I I I I I C
Golf course I I I I I I p
Grocerv store I I p I p p I I I I
Hardware store I P I p I p I I I I
Hioher education facilities I I I I I P I I
Hobbv shan P I P P I I I I I I I
Home imorovemenf center I C I I I I I I I
T ,
HosDital I I I I I I p I I I
Impound lot (See S6cl515.90, I I I I c I I I I
Subd. 39)
Interior decoratinn store I P I p I p p I I I I
Jewelrv store I I p I p p I I I I c
Laundromat I I p I p p I I I P I
Laundrv I T I I p I I I I
Liouor store T C P P I I I I I C
Locksmith I P P P I I I I I
Manufaclurino and assemblV I I I I c I P I I
Marina I I c I I I C I I I I
Massaae theranv, licensed I P I p I p I p I I I I I I
Meat processing and packaging I I I I p I I I
(no slauahterina permitted)
Medical and dental clinics P P I p p I I I I p I c C
Medical comolexes and facilities C I c I c I I I I c C
Mini-storage facilities (incl. C I I c I I I
caretaker Duarters)
Mortuarv P I p I p I I I I I
Matel/hotel I I I p I c I I c I
Multiple-family dwellings when I p
attached to business I
Municipal community center and I I I I I I P I I
recreatian facilities
Municipal government p
administration buildings. fire
stations. and Dolice stations
Museum C I I P
Music store I I p I p p I I I I I
Music studio (non-retaill P P P P I I I I p C
Music studio with incidental C P P P I I I c
sales
Newspaper and publishina office P p I I I I
Cil)' qf inver Grove Heights
Zoning Ordinance
November 8, 2004
p.80-:,1
25
City of Inver Grove Heights - Business and Industrial Districts Use Chart
Zonina District
Use B-1 B-2 B-3 I B-4 lOP I-I 1-2 P MU Comm Office
PUD PUD
Night ciub (providing structure is C
more than 100 feet from R
zoned Dronerlv)
Nursina home I I I c I
Office Buildina P P I I P I P C C
Office supplv store I P I P I P I I
Office/showroam I I I I I
Office/truckina terminal I I I I C I C I
Office/warehouse I I I I C I I
Off-street Darkina A A A I A A I A I A A A A A
Open sales lot (excludes C C C C
automobile and off-highway vehicle
sales lols)
Optical/eyeware sales <1,000 C P I P I P I C
so. ft. floor area
Optical/eyeware sales >1.000 P I P I P I I I I
sa. ft. floor area
Outdoor storaoe I I C I C C' I I
Paint and walloaper sales I P I P P I C C I
Pawnshop, licensed I I I P I I
Pet shoo (no boardino) I I C I P 0 I I I
Photo orocessina with film sales I C I P I P I P I I P I
Photoaraohv studio (non-retail) I P I P I P I P I P I C
Photography supply and I I P I P I P I I I I I
processinn
Picture traminn I P P I P I P I I I I C
Places of worshin I C I I I P I
Plavhouses I C P P P I I I P I
Post Office I P P I I I
Printina and Dublishino I I P P I
Printing and pubiishing < 14,000 I I P I I I
sq. ft. floor area
Private lodnes and ciubs C C I I P
Private motor fuel dispensing C I I C C
station (See Sect. 515.90. Subd.
24)
Processina and treatment I I c C I I
Packaging, cleaning, repair or I I P I P I I
testina (enciosed buildino)
Professional offices, not within I P P P I P P I A A AI I C
affice buildino
Public libraries and artnalleries I i I P I P I
Public Darks andntaVnrounds I I I pi
Public and orivate schools I I I P
Radio and television studios C
Recreation centers C P
Research and development P C C C C C C
facilities !indoor onlv)
Restaurant P P P P P I C
Cil)' q{ Inver Grove Heights
Zoning Ordinance
November 8. 2004
p. 80-22
26
Subd.!7.
"B-!" Limited Business District.
A. Pumose. The "B-1" Limited Business District is established for businesses that provide
convenience goods and services to the local area. These districts are located along collector
and "A" minor arterial roadways.
B. Bulk Standards." The following standards apply in the "B-1" Limited Business District
Lot Area I 1 0,000 souare feet
Lot Width I 1 00 feet
Front Yard Setback I 30 feet
Side Yard Setback 10 feet
Rear Yard Setback The greater of 20 feet or
1 Y, times the building
height
Setbacks abutting "E" or "R" 3 0 feet
Districts
Height (max.) 25 feet
Imnervious Surface (max.) 75 oercent
* All standards are minimum requirements unless noted
C. Allowable Uses. See Table in Section 515.80, Subd. 16 for a listing of allowable uses within
this District. Allowable uses also include uses determined to be substantially similar to those
uses found in said Table, pursuant to the procedures and requirements set forth in Section
515.40, Subd. 8.
Cify of Inver Grove Heights
Zoning Ordinance
November 8. 2004
p. 80-24
27
Subd. 25.
"I-I" Limited Industrv District.
A. Puroose. The "[-I" Limited Industrial District is intended for the continued operation of light
manufacturing, warehousing, and wholesaling businesses.
B. Bulk Standards.' The following standards apply in the "1-1" Limited Industry District
Lot Area 1 acre
Lot Width 1 00 feet
Front Yard Setback 40 feet
Side Yard Setback 40 feet I
Rear Yard Setback 40 feet
Setbacks abutting "E" or "R" 1 00 feet when abutting
Districts "E" or "R" districts;
50 feet when abutting "R-
2~' or ';R-3" districts
Height (max.) I 60 feet
Building Coverage (max.) I 30 Percent
* All standards are minimum requirements unless noted
C. COrd. 489; 6/25/84) Perfonnance Standards. In general the packaging, assembly or
storage of any products or materials is pennitted in the "I-I" District provided such use is
not listed as a specific pennitted use in the "1-2" District or a specific conditional use in the
"1-2" District or a specific conditional use in the "1-1" District.
Applicants for building penn its in the "]-1" District shall submit evidence as may be
required by the Building Inspector to assure compliance with the perfonnance standards.
Should the Building Inspector have any doubt as to the ability of any proposed use to meet
the required standards, the matter shall be referred to the Planning Commission which shall
make a recommendation to the Council to grant or deny the application.
D. Additional Lot Requirements.
1. Whenever an "]-1" Disttict abuts an "R" or "E" District. a fence or compact evergreen
hedge not less than 50% opaque nor less than six feet, except adjacent to a street where it
shall be not less than three nor more than four feet in height, shall be erected and
maintained in the front comer of the lot. along the side or rear property line that abuts the
"R" or "E" District.
2. Whenever an "]-1" District is across a street from an "R" or "E" District, the front or side
yard adjacent to the street shall have a minimum setback of 1 00 feet.
E. Allowable Uses. See Table in Section 515.80, Subd. 16 for a listing of allowable uses within
this District. Allowable uses also include uses detennined to be substantially similar to those
uses found in said Table. pursuant to the procedures and requirements set forth in Section
515.40, Subd. 8.
City qf lnver Grove Heights
Zoning Ordinance
November 8. 2004
p. 80-32
28
Subd. 26.
"1-2" Geueral Iudustrv District.
A. Purpose. The purpose of the 1-2 General Industry District is to provide for areas. which
because of the availability to thoroughfares and railroads, suitable topography, and isolation
from residential areas, are appropriate for industrial uses which are of a more intense nature.
The 1-2 District also allows certain business uses necessary to complement general industrial
uses.
B. Bulk Standards.* The following standards apply in the "1-2" General Industry District
Lot Area I acre
Lot Width 100 feet
Front Yard Setback 40 feet
Side Yard Setback 30 feet
Rear Yard Setback 30 feet
Setbacks abutting "E" or "R" 100 feet
Districts
Height (ma;<.) 45 feet
60 feet by CUP
Building Coverage (max.) 30 Percent
* All standards are minimum requirements unless noted
C. (Ord. 855; I2/I 1/95) Soecial "1-2" District Requirements. The following requirements
shall apply to all "1-2" District uses.
I. Along any street bordering a "R", Residential or "E", Estate district. there shall be no
driveway access from such street unless access is otherwise impracticable.
2. Screening shall be provided in accordance with Section 515.90, Subd. 7.
3. Landscaping shall be provided in accordance with Section 515.90. Subd. 10.
4. All on-site individual sewage treatment systems shall conform to the provisions of City
Code Section 402.
5. All applicable performance standards of Section 515.90 shall be satisfied.
6. Along any street bordering an "R", Residential or "E" Estate District, there shall be no
driveway access from such street unless access is otherwise impracticable.
D. Allowable Uses. See Table in Section 5 I 5.80. Subd. 16 for a listing of allowable uses within
this District. Allowable uses also include uses determined to be substantially similar to those
uses found in said Table. pursuant to the procedures and requirements set forth in Section
515.40, Subd. 8.
City of Inver Grove Heights
Zoning Ordinance
November 8. 2004
p. 80-33
29
Attachment 8
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
V. PUBLIC HEARING
a. 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 permitforthe 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. I n 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.
30
Planning Commission
Minutes of 05-01-07
-2-
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 concerns with it
being on this site.
Commissioner Hess asked how large the propane tank is on the site?
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 or other deliveries to the site between 10:00 p.rn. and 7:00 a.rn. 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.rn. 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?
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Planning Commission
Minutes of 05-01-07
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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.?
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.
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Planning Commission
Minutes of 05-01-07
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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? 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?
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Planning Commission
Minutes of 05-01-07
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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.
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 at the 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.
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Planning Commission
Minutes of 05-01-07
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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 andlor 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.
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 over the 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?
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Planning Commission
Minutes of 05-01-07
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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?
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.
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Planning Commission
Minutes of 05-01-07
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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.
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.
37
Attachment 9
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, Mr. Roger Logan, representing the Keller Lake Convenience Store, requested a
revision to a conditional use permit (CUP) to expand a nonconforming use.
WHEREAS, this permit applies to property at 2228 Maplewood Drive.
WHEREAS, the legal description of the property is:
The South 100 feet of the part of the SE % of the SW % lying easterly of TH 61 and lying north
of County Road B in Section 9, Township 29, Range 22, Ramsey County, Minnesota. (PIN 09-
29-22-34-0002)
WHEREAS, the history of this conditional use permit revision is as follows:
1. On May 1, 2007, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave persons at the hearing a chance to speak and present written statements.
The commission also considered reports and recommendations of the city staff. The
planning commission tabled action on this matter to allow staff to find more information.
2. On June 5,2007, the planning commission continued their review and discussion of this
matter. The planning commission gave persons at the meeting a chance to speak and
present written statements. The commission also considered reports and recommendations
of the city staff. The planning commission recommended that the city council the
conditional use permit revision.
3. On , 2007, the city council discussed the proposed conditional use permit
revision. They considered reports and recommendations from the planning commission
and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit revision, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
38
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. Adherence to the siro plan pr.esented at tho April 11 , 1988 Council meeting, unless a
G!=laRge is apPfGVEld by the City's CommllAity DesigA-R.eview-Board. .^. copy of this plan
shall bo filed 'Nith tho Community Development DepartmeAb
1. All construction and activities on the site shall follow the site and project plans as
approved bv the cjty. City staff may approve minor changes to these plans and the city
council must approve maior changes to the approved plans.
2 The sito shall eo kept freo of rueeler-jlffik,-jllAk-GaFS-aAd parts and dobris. ~Ionpa\'od aroas
shall bo kept mowed and plantod with grass, including eoulovards.
2. The owner or operator shall keep the propertY free of junk. junk or inoperable motor
vehicles and deeris and thev shall keep the non-paved areas planted with grass and
mowed on a regular basis.
1. Thero shall eo no light or glare onto tho homo to the oast.
3. The owner or operator shall ensure that there is no light or light glare from the site on the
residential propertY to the east. If the owner or operator wants to add lights or make any
changes to the exterior lighting on the site. they shall submit to the city a detailed site-
lighting plan that includes fixture design. pole heights and light-spread intensities at
residential lot lines. This plan shall ensure that residential neighbors cannot see any light
bulbs or lenses directlv and that light intensity and light spread meet the parameters of the
city's lighting ordinance. The owner or operator shall submit this plan to the city for staff
approval.
5. /'.n'l sound fr.om oxterior speakors shall not be audiele at tho om:terly property line.
4. The owner or operator shall ensure that anv sound from exterior speakers is not audible at
the easterly propertY line of the site.
6. Thoro shall ee no gas doliveries eoforo 7:00 AM or after 10:00 PM.
5. There shall ee no motor fuel. propane or other deliveries to the site between 10:00 PM and
7:00 AM.
6. Construction of a six fOot high fence along tho oast side of the site.
39
7. The owner or applicant maintain a screening fence that is at least six-feet-tall and 100
percent opaaue around the east and north sides of the propertv. The owner shall maintain
and repair the fence so that it remains in good condition and so it is 100 percent opaaue.
7. Hours operation shall be from 6:00 l\M to 11:00 PM.
8. The hours operation for the store and business shall be limited to the hours between 6:00
AM and 11:00 PM.
9. The city council shall review this permit revision in one vear.
The Maplewood City Council approved this resolution on
2007.
40