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HomeMy WebLinkAbout03/28/2000BOOK 2. 3. 4. 5. 6. AGENDA MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD March 28, 2000 6:00 P.M. City Council Chambers Maplewood City Hall 1830 East County Road B Call to Order Roll Call Approval of Minutes: March 14, 2000 Approval of Agenda Unfinished Business Design Review a. Bennigan's Irish American Grill and Tavern, West of the Olive Garden (1749 Beam Avenue) Visitor Presentations Board Presentations Staff Presentations a. Reminder: CDRB Volunteer for April 10 is Matt Ledvina (Item: Bennigan's) b. CDRB Volunteer Needed for the April 24 City Council Meeting. c. Items for April 11 CDRB Meeting: Forest Products and Fresh Paint) 10. Adjourn p:com-dvpt~cdrb.agd WELCOME TO THIS MEETING OF THE COMMUNITY DESIGN REVIEW BOARD This outline has been prepared to explain the review process of this meeting. The review of an item usually follows this format. 1. The chairperson of the meeting will announce the item to be reviewed. The chairperson will ask the applicant or developer of the project up to the podium to respond to the staffs recommendation regarding the proposal. The Community Design Review Board will then discuss the proposed project with the applicant. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. After everyone is the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. 5. The Board will then discuss the proposal. No further public comments are allowed. 6. The Board will then make its recommendations or decision. Most decisions by the Board are final, unless appealed to the City Council. You must notify the City staff in writing within 15 days to register an appeal. jw\forms~cdrb.agd Revised: 11-09-94 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MARCH 14, 2000 CALL TO ORDER Chairperson Ledvina called the meeting to order at 6 p.m. I1. ROLL CALL Matt Ledvina Present Ananth Shankar Present Tim Johnson Present Jon LaCasse Present Craig Jorgenson Present III. APPROVAL OF MINUTES February 22, 2000 Boardmember Johnson moved approval of the minutes of February 22, 2000, as submitted. Boardmember Jorgenson seconded. The motion passed. Ayes--all IV. APPROVAL OFAGENDA Boardmember Johnson moved approval of the agenda as submitted. Boardmember Shankar seconded. The motion passed. Ayes--all V. UNFINISHED BUSINESS VI. There was no unfinished business. DESIGN REVIEW A. Wheeler Lumber Landscape Materials Storage Yard, Southwest Corner of English Street and Gervais Avenue Secretary Tom Ekstrand presented the staff report. He said there was no code requirement to regulate the number of parking stalls for this facility. Chairperson Ledvina asked about the location of the proposed fence. Mr. Ekstrand clarified that the dash line shown on the site plan represents the fence line. He said no activity would take place in the area that is marked "native vegetation." The vegetation is fairly thick but it is possible to see through it at this time of the year. Mr. Ekstrand felt it would provide a "pretty good screen" in the summer. He said he was trying to be sensitive to year-around screening for when the property to the north develops. Jeff McCabe of Wheeler Lumber was present. He said all their products would be stored within the fence line primarily for security reasons. Mr. McCave also said their intention was Community Design Review Board -2- Minutes of 03-14-00 to paint both buildings and the fence slatting in an earthtone to match. Both buildings will have vertical siding. Mr. Ekstrand confirmed that both the office trailer and the garage would be on the street side of the fence. Mr. McCabe explained that the buildings were placed on this side of the fence so that the site did not appear to be a long line of fence. He said the driveway will be concrete pavers. Additional parking could be provided inside the fence. Chairperson Ledvina asked that the motion include a requirement that the two buildings be painted a matching color. He agreed with the staff recommendation to require landscaping on English Street to improve the appearance of the entrance. Boardmember Shankar moved the Community Design Review Board: B. Approve the plans dated January 27, 2000, for the Wheeler Lumber landscape materials storage facility on the southwest corner of English Street and Gervais Avenue, based on the findings required by the code. The property owner or applicant shall: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Submit the following to staff for approval before getting a building permit: a. A grading, drainage, utility and erosion control plan. b. A landscape plan for the lawn on the east side of the site. This area shall be sodded and planted with a combination of evergreen trees and deciduous trees and shrubs. 3. Complete the following before getting an occupancy permit: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. The existing trees on the north side of the proposed site must not be removed. c. Provide one van-accessible handicap parking space with loading aisle and handicap-parking sign as the ADA (Americans with Disabilities Act) requires. d. Construct a trash dumpster enclosure if there will be any outdoor storage of refuse. The enclosure must match the building in color and materials and shall have a closeable gate that is 100 percent opaque. e. The six-foot-tall chain link fence must have a top rail and have dark green slats around the entire storage yard. f. Install an in-ground sprinkler system for all lawn areas on the front (east side) of the site unless the applicant provides an alternate watering method acceptable to staff to keep the plantings watered. g. Provide site-security lighting as required by the city code. The light source, including the lens covering the bulb, shall be concealed or shielded so not to cause any nuisance to vehicle drivers or to adjacent property owners. Community Design Review Board Minutes of 03-14-00 -3- ho The buildings shall have matching exteriors of vertical-groove wood siding and be kept painted or stained in good repair. The colors of the two buildings shall be the same. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. The city receives cash escrow for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Boardmember LaCasse seconded. Ayes--all The motion passed. VII. VISITOR PRESENTATIONS There were no visitor presentations. VIII. BOARD PRESENTATIONS March 13, 2000 City Council Meeting: Mr. Shankar reported on this meeting. February 28, 2000 City Council Meeting: Mr. Johnson reported on this meeting. IX. STAFF PRESENTATIONS A. CDRB Volunteer for March 27 Council Meeting: Mr. LaCasse will attend this meeting. CDRB Volunteer for April 10 Council Meeting: Mr. Ledvina will attend this meeting. Secretary Tom Ekstrand said some of the future projects will be a Bennigan's Restaurant on Beam Avenue and Forest Products ( a woodworking shop) on a triangular piece at the northeast corner of Highway 61 and County Road C. X. ADJOURNMENT The meeting adjourned at 6:31 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Thomas Ekstrand, Associate Planner Bennigan's Irish American Grill and Tavern West of 1749 Beam Avenue March 23, 2000 INTRODUCTION Project Description Den-Way, Inc. is proposing to build a 7,000-square-foot, one story Bennigan's Grill and Tavern at Birch Run Station west of the Olive Garden. Refer to the maps on pages 6-8. The proposed building would be brick and stucco. Requests The applicant is requesting that the city approve: 1. A variance from the development moratorium ordinance. Refer to the letter on page 9. 2. Building, site, landscaping and sign plans. BACKGROUND In 1998 we had a proposal for a Joe's Crab Shack restaurant on this site. On August 24, 1998, the city council reviewed this project and denied the proposal because that applicant withdrew their request. DISCUSSION Development Moratorium Variance On October 25, 1999, the city council passed a six-month development moratorium for the undeveloped land west of the Maplewood Mall. The moratorium will end April 25, 2000. The council enacted this moratorium to study the development potential of this area. A major part of the moratorium is a marketing study the council initiated for the 80-acre Robert Hajicek property north of Birch Run Station. The city hired Maxfield Research, Inc. for this study. The proposed use meets the findings for a variance. To approve this variance, the council needs to determine that "the proposed development is compatible with existing or proposed land use and zoning." This site was originally intended for retail or restaurant use at Birch Run Station. The proposed restaurant would fit in nicely with these nearby restaurants--the Olive Garden next door, the Outback to the south and Chili's diagonally across Beam Avenue. Building Design The proposed building would be attractive and compatible with the development in this area. Parking The applicant is exceeding the parking requirements. There are 110 parking stalls proposed. The code requires 105. Landscaping The proposed landscaping would be compatible with the other sites at Birch Run Station. Curbing The east-west driveway on the north side of the site is existing. It is not curbed, however. The site plan does not show curbing on the south side of this driveway adjacent to their site. The applicant should curb this edge. Signs The city's approval of Birch Run Station's comprehensive sign plan required that the community design review board (CDRB) approve the signage for the future, individual businesses on the site. The applicant is proposing three wall signs. (The site plan does not show any freestanding sign placement.) Refer to the building elevations. The strict interpretation of the sign code would allow the applicant to have two signs total--one on the building and one freestanding or two on the building. (Code allows two signs for each street frontage bounding the site.) With comprehensive sign plans, the ordinance allows the CDRB to approve exceptions to the sign regulations "if the sign areas and densities for the plan as a whole are in conformity with the intent of this article and if such exception results in an improved relationship between the vadous parts of the plan." Staff does not find any problem with the proposed three signs. The Olive Garden has three wall signs plus a pylon sign. The wall signs enhance rather than detract from the building aesthetics. It seems reasonable to staff that Bennigan's have three wall signs. The sign on their rear elevation is helpful for identification from the large parking lot and adjacent sh~,',ping center. It also helps to dress-up the rear wall. If the applicant later proposes a pylon sign, staff would recommend two wall signs rather than three as we did with the previous proposal on this site--Joe's Crab Shack. RECOMMENDATIONS Adopt the resolution on page 10 approving a variance from the development moratorium for the property west of the Olive Garden at Birch Run Station. This vadance allows the construction of a Bennigan's Irish American Grill and Tavern. Approval is because: 1. The proposed Bennigan's is compatible with the existing and proposed development for Birch Run Station. 2. The outlots at Birch Run were established for development with restaurant uses. Approve the architectural, site, landscaping and sign plans, date-stamped March 10, 2000, for the proposed Bennigan's Idsh Amedcan Gdll and Tavern west of 1749 Beam Avenue. Approval is based on the findings required by the code and subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineer for approval. b. Revise the site plan showing concrete curb and gutter on the south side of the east/west driveway north of the site. The applicant shall also make sure that their asphalt paving attach to the adjacent paving of the Olive Garden site. 3. The applicant shall complete the following before occupying the building: a. Paint the rooftop mechanical equipment, if used, to match the building color. b. Install an in-ground lawn irrigation system for all landscaped areas. c. Provide site security lighting that is aimed or shielded so not to shine into ddvers' eyes. d. Install continuous concrete curbing around the parking lots and drives. e. Pave all ddving surfaces. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the winter or within six weeks if the building is occupied in the spring and summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. The Bennigan's wall signs are approved as shown on the plans. A pylon sign may be substituted for one of the wall signs subject to the height and size requirements of the city code. 6. All work shall follow the approved plans. The director of community development may approve minor changes. REFERENCE INFORMATION SITE DESCRIPTION Site size: 1.8 acres Existing land use: Undeveloped SURROUNDING LAND USES North: Birch Run Station South: Beam Avenue, the Outback Restaurant and undeveloped commercial property West: Birch Run Station East: Olive Garden PLANNING Land Use Plan designation: BC (business commercial) Zoning: BC Findings for Moratorium-Variance Approval Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision or development would be compatible with existing or proposed land use and zoning and that such proposals would be in keeping with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: 1. The applicant shall file a completed application form together with required exhibits to the Community Development Department. 2. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed development is compatible with existing or proposed land use and zoning. 3. The application shall be submitted to the planning commission for their review and comment. 4. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. 5. The city council may impose such restrictions upon the proposed development or subdivision as may be necessary to comply with the purpose and intent of this ordinance. Application Date We received this application on March 10, 2000. State law requires that the city council decide on this project within 60 days. City Council action is required by May 10, 2000. p:sec3\bennigan.mem Attachments: 1. Location Map 2. Prope~Line/Zoning Map 3. Site Plan 4. Applicant's Request for Zoning Variance 5. Variance Resolution 6. Plans date-stamped March 10, 2000 (separate attachments) Attachment 1 DNAIS HEIGHTS COUNTY RD. KOHLMAN ROAD C AVE. 1. SUIdMff CT. 2. COUNTRYVIEW CIR. 3. DULUTH CT. 4. LYDIA AVE. BENd WOODLY ,., KOHLMAN El)G/HILL RD. ~ <.> DEUO~' ~) · ,,. ~ BROOKS -- GERVAIS AV~. ~ z CT. SHERR£N AVE. AVl. Lake m ~u AV~. CO~£ AVE. G'~' A~. ~ ~ ~K RO. JUNCTION c~ C) · · LOCATION MAP ~' N Attachment 2 Attachment 3 BIRCH RUN STATION PARKING PARKING ',I,~ --[,~ BENNIGAN'S __--? ~1~I ,~ PARKING SITE PLAN 8 Attachment 4 FOOD SERVICE CONCEPTS, INC. 1101 -A West Melinda Lane Phoenix, Arizona 85027 (623) 492-0077 Fax (623) 492-0840 March 08, 2000 City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 Project: A new Bennigans Restaurant at the Maplewood Mall REQUEST FOR ZONING VARIANCE 1. Strict enforcement of the City Ordinances would cause undue hardship because we would not be able to put our property to a reasonable use under City Ordinances. Purchase of this property for our restaurant was conditional on a due diligence clause to create development plans, and achieve a building permit within a very limited time, in order to ensure the property owners that the land would not sit idle. 2. The variance would be in keeping with the spirit and intent of the ordinance. The moratorium was placed in properties in our area to keep a much larger development from taking place. Our restaurant would be in keeping with the size and scope of projects immediately adjacent to our property. There is a restaurant next door and two restaurants across the street. Sincerely you[s, Roy Mctginney Head of Design 9 VARIANCE RESOLUTION Attachment 5 WHEREAS, Den-Wat, Inc. applied for a variance from the development moratorium ordinance for the undeveloped property west of the Olive Garden Restaurant at the Birch Run Station Shopping Center. WHEREAS, this variance applies to property west of 1749 Beam Avenue (the Olive Garden Restaurant). The legal description is: ALL THAT PART OF THE SE CORNER OF THE NE QUARTER OF SECTION 3, TOWNSHIP 29, RANGE 22 AND ALL THAT PART OF LOT 8, BLOCK 1, MAPLEWOOD MALL ADDITION, RAMSEY COUNTY, MINNESOTA. WHEREAS, Ordinance No. 799 of the city code establishes a development moratorium for the undeveloped land west of the Maplewood Mall. WHEREAS, the applicant is proposing to build a Bennigan's Irish American Grill and Tavern on this site. WHEREAS, this requires a variance from the moratorium ordinance. WHEREAS, the history of this variance is as follows: 1. On ,2000 the planning commission recommended that the city council approve this variance. The city council held a public hearing on ,2000. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance as recommended by the city staff that would allow the construction of a Bennigan's Idsh American Gdll and Tavern at Birch Run Station west of the Olive Garden, 1749 Beam Avenue. This variance is because: 1. The proposed Bennigan's is compatible with the existing and proposed development for Birch Run Station. 2. The outlots at Birch Run were established for development with restaurant uses. The Maplewood City Council adopted this resolution on ,2000. 10