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HomeMy WebLinkAbout05/06/20021. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, May 6, 2002, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. April 15, 2002 5. Public Hearing a. 2003 - 2007 Maplewood Capital Improvement Plan 6. New Business a. Conditional Use Permit- Over-sized Accessory Building (Schlomka) - 1481 Henry Lane b. House Moving Request (Crockett) - Sylvan Street c. Kline Nissan Vehicle Dealership - 3100 Maplewood Drive 1. Wetland Setback Variance 2. Conditional Use Permit Unfinished Business None Visitor Presentations 9. Commission Presentations a. Apd122 Council Meeting: Mr. Ledvina b. May 13 Council Meeting: Mr. Mueller ?? c. May 28 Council Meeting: Mr. Rossbach 10. Staff Presentations a. Annual Tour- July 29? bo May 20 1. 2. PC meeting Start time change (8:00 instead of 7:00) Tentative Items a. Dearborn Meadow (Castle Avenue) b. Home Occupation License (Sewing Business) - 2492 Highwood Avenue c. Lexus Dealership Expansion - 3000 Maplewood Drive d. Washington County Bank- White Bear Avenue e. Hmong Alliance Church Expansion - McMenemy Street 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 6, 2002 CALL TO ORDER Chairperson Rossbach called the meeting to order at 7:08 p.m. I1. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Mary Dierich Present Lorraine Fischer Absent Matt Ledvina Present Jackie Monahan-Junek Present Paul Mueller Absent Gary Pearson Present from 7:08 - 8:30 p.m. William Rossbach Present Dale Trippler Absent Staff Present: Chuck Ahl, Public Works Director Ken Roberts, Associate Planner Shann Finwall, Associate Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Ledvina moved approval of the agenda. Commissioner Pearson seconded. Ayes-Dierich, Ledvina, Monahan-Junek, Pearson, Rossbach The motion is passed. IV. APPROVAL OF MINUTES Commissioner Monahan-Junek had a change on page 29, in the sixth paragraph. Please change the first sentence to read Ms. Monahan-Junek wants people to understand her heart hurts too when she sees a nice piece of property being developed. Approval of the planning commission minutes for April 15, 2002. Commissioner Dierich moved to approve the minutes with changes for April 15, 2002. Commissioner Monahan-Junek seconded. Ayes-Dierich, Ledvina, Monahan-Junek, Rossbach Abstention - Pearson The motion is passed. Planning Commission Minutes of 05-06-02 -2- V. PUBLIC HEARING a. 2003 - 2007 Maplewood Capital Improvement Plan Mr. Roberts presented the report for the proposed 2003-2007 Capital Improvement Plan. The city updates this report each year. The Capital Improvement Plan is part of the Maplewood Comprehensive Plan. State law requires the planning commission to review all changes to the comprehensive plan. The purpose of this review is to decide if the proposed capital improvements are consistent with the comprehensive plan. There was a 25-minute video shown indicating the improvements that staff believes are needed in Maplewood over the next five years. Commissioner Pearson moved to approve the 2003-2007 Capital Improvement Plan. Commissioner Dierich seconded. Ayes - Dierich, Ledvina, Monahan-Junek, Pearson, Rossbach The motion is passed. This item goes to the city council on May 13, 2002. VI. NEW BUSINESS a. Conditional Use Permit- Over-sized Accessory Building (Schlomka)- 1481 Henry Lane Ms. Finwall said Gary Schlomka is proposing to construct at 48-foot by 66-foot (3,168 square foot), 18.5-foot high metal pole barn on his property at 1481 Henry Lane. The pole barn will be used to store hay and agricultural-related equipment used to harvest hay. He also would store his personal vehicles in the proposed pole barn. Ms. Finwall said Mr. Schlomka is requesting that the city council approve a conditional use permit (CUP) to build a pole barn that exceeds size and height requirements. On a lot the size of Mr. Schlomka's property, the code allows a maximum of 2,250 square feet for the combined area of the accessory structures. No accessory structure may exceed 1,250 feet. The maximum height of accessory structures is limited to 16 feet, measured from grade to the mid point of the roof. The proposed pole barn will exceed the maximums allowed by 1,918 square feet in area and 2.5 feet in height. The code allows the city council to approve a CUP to increase the area or height of an accessory building. Ms. Finwall said Mr. Schlomka began construction of the pole barn earlier this year. He thought that because the pole barn would be used for an agricultural use that no building permit would be necessary. The building official discovered this construction in progress and stopped the work. Mr. Schlomka then applied for all necessary zoning and building permits. Currently, the pole barn is framed, with a portion of the siding installed. If the city council approves the CUP, Mr. Schlomka will obtain his building permit and proceed. If denied, Mr. Schlomka must remove the pole barn. Planning Commission Minutes of 05-06-02 -3- Ms. Finwall said Mr. Schlomka repairs and sells farm equipment, boats, and recreational vehicles from this site. He also sells wood. His father started these activities there 45 years ago. To supplement his retirement income, Mr. Schlomka currently purchases boats from auctions, repairs them and sells them from this property as well as the adjacent 1461 Henry Lane. Years of this type of activity have left the applicant's property strewn with old boats, old automobiles and other junk. In addition, the property has several old accessory structures including a barn, two garages, a bunkhouse, a machine shed, a garden shed and a wood shed. Ms. Finwall said constructing this pole barn is the first step to cleaning up the property. With his son's help, Mr. Schlomka would remove five of the accessory structures, leaving only the barn, bunkhouse, and pole barn (if approved). In addition, Mr. Schlomka proposes to remove all of the old automobiles and other junk items on the site, including several old automobiles, which were dumped near Fish Creek. Mr. Schlomka's property is zoned Farm Residence, as are the surrounding properties. Farming, including the use or storage of associated equipment, is a permitted use within the Farm Residence zoning district. Mr. Schlomka has several acres of hay located on the west side of his property that he harvests. Because Mr. Schlomka has not had appropriate means to store hay, he was giving the hay to farmers who raise elk or other livestock. The proposed pole barn is designed with large garage doors that will accommodate Mr. Schlomka's hay bailer, which is currently stored off site. Mr. Schlomka will now be able to store his hay in the proposed pole barn and sell it rather than giving it away. Storing and selling hay is allowed in the farm zone. Ms. Finwall said Mr. Schlomka's part-time business of repairing and selling boats from the property is prohibited in a farm zone. The city's nonconforming-use ordinance states that "a nonconforming use existing and does not conform to the provisions of the code." Mr. Schlomka stated that he would not use the pole barn in his part-time boat business. He, therefore, may continue the boat business unless he expands or stops this activity for a year or more. Ms. Finwall said the proposed pole barn would be smaller than two recently approved pole barns. It will be located on a 30-acre lot, visible only to the applicant and a relative who lives to the south. The pole barn will not negatively impact surrounding properties and will, in fact, result in a neater cleaner property. Also, all of the neighbors that responded to the city's survey were in favor of this proposal. Commissioner Dierich asked staff about the clean up of the property. She said there are a lot of old oil drums on the property that seem to her to be hazardous because they are rusted. She wonders how the city proposes these items be cleaned up and where it will all go? And will there be some type of supervision of the clean up as well? Ms. Finwall said the supervision of the clean up has not been examined closely. The city hopes Mr. Schlomka takes all needed measures to remove all the materials. Commissioner Ledvina asked if Mr. Schlomka would be able to store boats in the new pole barn? Ms. Finwall said the pole barn shall not be used for the boat business, only personal boats. The conditions of the CUP state Mr. Schlomka cannot operate a business in the pole barn. Planning Commission Minutes of 05-06-02 -4- Commissioner Dierich said she knows the repairing of the boats is a nonconforming use but she asked if the sale of the boats was considered a nonconforming use at this point or does that require a separate permit to be selling boats in a residential neighborhood like that? Ms. Finwall said it has been going on for the last 45 years so it is considered a nonconforming use and is grandfathered in. The applicant, Larry Schlomka at 1481 Henry Lane, son of Gary Schlomka, addressed the planning commission. Mr. Schlomka said the pole barn would be 48' X 66' and 3,072 square feet. The staff records indicate that Gary Schlomka sells boats at 1481 Henry Lane and it should be 1461 Henry Lane. Gary Schlomka owns approximately 40 acres, verses the 30 acres staff noted. Staff also states in the staff report that there is junk dumped on Ramsey County Open Space Fish Creek property. That junk existed on the property when it was bought by Ramsey County. No new junk has been dumped on the property. This is a dead end street with only one property that can see this area and it is Gary Schlomka's niece. In the last 20 years a bunkhouse, cattle barn, machine shed, and a railroad car that was used for a storage shed were removed from the property. The property is slowly getting cleaned up. He said he just moved into the home at 1481 Henry Lane in September 2001. Commissioner Pearson asked the applicant what would be a reasonable time period to clean up all the junk on the property? Mr. Schlomka said there are three generations of junk on the property. He is going to get a few dumpsters on the property and take the stuff to a scrap yard and recycle place. In the past they have hauled junk into South St. Paul to different scrap yards. As far as a time frame, he said that one-year would not be enough time. Commissioner Pearson said the staff is looking at a one-year renewal for the conditional use permit and should the staff be looking at a longer time period than one year? Ms. Finwall said the standard condition is that a conditional use permit should be reviewed in one year. However, upon that review it can be extended an additional year or more. Commissioner Pearson asked if that would be conditioned upon visible progress? Ms. Finwall said yes. Chairperson Rossbach asked if the 30 or 40 acres that are owned are one parcel or a couple of parcels of land? Mr. Schlomka said the area that is being discussed contains a couple of different parcels. He would assume that is where the 30 acres verses the 40 acres is coming from. The Ramsey County Open Space and Fish Creek divide it. Chairperson Rossbach asked the applicant if the address of 1481 Henry Lane is incorrect for 30 acres? He asked if the applicant were selling the property would it be for 30 or 40 acres? Planning Commission Minutes of 05-06-02 -5- Mr. Schlomka said if he was going to be selling the property at 1481 Henry Lane it would be approximately 10 acres. There also is a separate 12-acre parcel next to Fish Creek and approximately less than 10 acres adjoining the 1481 Henry Lane. How it is sold could go a lot of different ways. Chairperson Rossbach said it may not be a large issue, but if staff is saying that this is the property the city is giving the conditional use permit for, and part of it has to deal with the size of the property, he just wants to make clear how large the property is that staff is talking about. Mr. Schlomka said the property that Gary Schlomka owns is approximately 40 acres. The property has been bought in different parcels over the years. The Schlomka family has always owned 1481 Henry Lane. The other property belonged to his grandmother's family the Polski family. 1481 Henry Lane adjoined the Polski property and that is why there are different parcels right now. Chairperson Rossbach said he would like to see a time frame set so when the city council reviews this in one year they can see that something has happened. Just so everyone involved has something in mind when talking about cleanup process. Mr. Schlomka said if this is approved the first thing to come down is the equipment from the shed that is broken down and moved into the new shed. Then the next process is taking the broken sheds down. That will be a summer project just for that to be done. Commissioner Pearson asked staff if number 3 of the recommendations applies only to 1481 Henry Lane or to both 1461 and 1481 Henry Lane? Ms. Finwall said the conditional use permit pertains only to 1481 Henry Lane; however, Mr. Schlomka is planning on removing the old automobiles that have been dumped in the Fisk Creek area over 45 years ago, back when his father owned the land. Commissioner Pearson said there is an awful lot of stuff lying on 1481 Henry Lane. Gary Schlomka at 1461 Henry Lane, addressed the planning commission. He said the cars in the Fisk Creek area have been there since the Korean War and there are trees growing through some of them. That is going to be a major job cutting through the cars to get them out of there. Commissioner Pearson asked if the junk at 1461 Henry Lane will also be removed? Gary Schlomka said that is correct. Commissioner Dierich said she is not clear regarding the selling of boats on the property. It is happening at 1461 Henry Lane, but the repair of the boats is happening at 1481 Henry Lane? The boats are lined up along the freeway at 1461 Henry Lane. Gary Schlomka said the repairs go on in his garage at 1461 Henry Lane. Commissioner Dierich asked if the CUP is for 1481 Henry Lane? Planning Commission Minutes of 05-06-02 -6- Ms. Finwall said that is correct. The repair and sale of boats has been ongoing at both properties for many years. Gary Schlomka said he parks the boats along the freeway to sell and brings the boats to the garage at 1461 and 1481 Henry Lane to work on them. Commissioner Dierich said her understanding is that a CUP goes with the land and she wants to be clear on this. Ms. Finwall said the nonconforming use is grand fathered in until such time as it is expanded. It is staff's concern that it may expand into the pole barn. Commissioner Ledvina recommended approval of the resolution on pages 13 and 14 of the staff report. This recommendation is for a conditional use permit for the construction of a metal pole building that would measure 48-feet by 66-feet (3,168 square feet) and 18.5 feet in height for the property at 1481 Henry Lane. The changes in this recommendation are in bold. This permit shall be subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits prior to resuming construction of the pole barn. Within two years of the issuance of the CUP, the applicant will remove five detached accessory structures from the property as shown on the approved site plan and described as follows: the two garages located on the east side of the property, the machine shed, the garden shed and the wood shed. The applicant shall also clean the site of all old automobiles and other junk items on the site dumped in the Ramsey County Open Space Fish Creek area to the north as well as old vehicles. The pole barn shall not be used for commercial or business activities, other than agricultural related uses as specified in the Farm Residence zoning district, unless the city council approves such a request. 5. The conditional use permit shall be reviewed by the city council in one year. Commissioner Pearson seconded. Ayes - Dierich, Ledvina, Monahan-Junek, Pearson, Rossbach The motion is passed. Mr. Roberts said this goes to the city council Tuesday, May 28, 2002. Chairperson Rossbach stated that Commissioner Pearson just told him he had to leave the meeting at 8:30 a.m. and this puts the planning commission in a position of having no quorum. Planning Commission Minutes of 05-06-02 -7- Mr. Roberts said this means the commission can move items forward with discussion but without an official recommendation to the city council. This will be noted in the minutes to follow. Because of the time limits and the 60-day rule, the items will be moved along without an official recommendation from the planning commission. b. House Moving Request (Crockett) - Sylvan Street Mr. Roberts said Mr. Bart Crockett is asking the city council to allow him to move a house and a detached garage from Oakdale to a vacant lot on Sylvan Street. The house is one story with a white stucco exterior. On December 18, 1980, the city council vacated the Kingston Avenue right-of-way from Sylvan Street to a point 135 feet to the east. After this vacation, the former right-of-way was divided between the adjacent properties to the north and the south. This vacation helped to create the vacant lot south of 1754 Sylvan Street that is now under consideration for the house-moving request. Mr. Roberts said the design of this house would fit into the Sylvan Street neighborhood. The homes along Sylvan Street were built in the 1940s and 1950s. Most of these homes are ramblers, but there is a split-level to the south. There also are homes along Sylvan Street with stucco exteriors. Several of the neighbors felt that the lot is too small for a house. The zoning code requires lots for houses in the R-1 zoning district to have 10,000 square feet. This lot, according to the Ramsey County property records, is 11,941 square feet. As such, the lot and the proposed site plan for the house and garage can meet all city requirements. Mr. Roberts said Nick Carver, the Assistant Building Official, inspected the house. His report outlines most, if not all, the work Mr. Crockett will have to do to the house. This includes bringing all systems of the house up to the current code standards and repairing and painting the exterior of the house. When the city vacated the Kingston Avenue right-of-way in 1980, the city failed to keep a utility easement over the south part of the site. This area has an existing sewer line and overhead power lines. To remedy this situation, the city should require the property owner to dedicate to the city a drainage and utility easement over the south 30 feet of the site. Staff surveyed 22 property owners within 350 feet of the site. There were eight replies, five were opposed to the request and three had comments that were included in the staff report. Commissioner Ledvina asked staff if this building will have to meet all new construction standards? Mr. Roberts said that is correct. Commissioner Ledvina asked staff if a detached garage is acceptable for new construction? Mr. Roberts said yes, there is no code requirement for a detached or attached garage. Planning Commission Minutes of 05-06-02 -8- Commissioner Dierich asked staff if the windows will be up to code and will the windows be egress windows? Mr. Roberts said the current windows do not meet the egress standards and they would have to be changed to meet the standards. The applicant, Bart Crockett of 5887 Red Pine Boulevard in White Bear Lake, addressed the commission. Mr. Crockett said he has spoken to staff a number of times to see if this is a feasible project not and how much work would be involved. He believes this is a worthwhile project and he would like to ease the neighbors concerns. He has a mother-in-law who lives up north who recently put her husband into a nursing home and she has expressed interest in living in the home. If she does not, he will have to see how the market is doing to determine if it will be a rental property of if he will sell the property. Chairperson Rossbach asked the applicant if he has read and understood the conditions in the staff report? He asked if the applicant had any problems with the recommendations that staff has made? Mr. Crockett said he understood the report and has no problems with the conditions. Commissioner Ledvina asked which direction the front door will face? Mr. Crockett said the front door will face south. Commissioner Ledvina said the applicant is showing the house being placed 10 feet from the north property line and he noticed the front door on the house to the north is very close to that property line, Is there any possibility of moving the house further to the south to give more separation between the existing home to the north? Mr. Crockett said he is sure there is a way. He contacted Xcel Energy and got the setback requirements for power lines. He said there is a power line that runs east west. He believes it is 7.8 feet for the setback. As the house is shown the setback is 15 feet. Chairperson Rossbach said there were a number of comments from the neighborhood survey that staff sent out regarding the appearance of the house. Did the photos generate the comments or did the neighbors actually go out and look at the house? Mr. Roberts said the photos in the neighborhood survey generated most of the comments and one neighbor called and said he drove out and saw the house in the storage facility. Commissioner Ledvina unofficially recommended the approval to move a one-story stucco house and a detached garage for Bart Crockett to the lot south of 1754 Sylvan Street. This approval shall be subject to the applicant doing the following: Planning Commission Minutes of 05-06-02 -9- 1. Submit the following to the city for approval before the city issues a building permit: An irrevocable letter of credit or cash escrow for 1~ times the estimated cost of completing the construction, including all yard work and exterior remodeling. The applicant shall complete the work within 90 days of the city issuing the permit. The Director of Community Development may extend this deadline for sixty-(60)-days if there has been a reasonable delay. The construction shall meet all Building Code requirements. (Code requirement). A new certificate of survey for the site and verify the lot lines with survey pins. (Code requirement). Co A grading, drainage and erosion control plan to the city engineer. This plan shall show that the proposed house location and grades will not cause any adverse effects or cause any drainage problems for nearby properties. The city shall not issue a moving permit until the city engineer approves these plans and the construction shall follow these plans. (Code requirement). do A drainage and utility easement from the owner to the city over the south 30 feet of the site. Sign an agreement to convey the title. This agreement shall allow the city to take possession of the house and property if the required work is not completed within 90 days after the city issues the moving permit. This agreement would allow the city the right to complete the construction required by code or demolish and remove the structure. The city attorney shall prepare this agreement. (Code requirement). The applicant shall complete and redash the stucco, reshingle the roof, replace and paint the trim and remove or replace the awnings. The applicant also shall meet all the requirements of the city's building inspection department. Move the house between the hours of 3 and 6 a.m. The applicant shall leave the house in the street until at least 7:00 a.m., but no later than 10:00 a.m. There shall be no excessive noise or work on the house or site between 7:00 p.m. and 7:00 a.m. (Code requirement). Place the house ten feet from the north property line. The applicant shall place the house to the furthest extent from the north property line that is allowable based on restrictions for the easement for the power line located on the property. Commissioner Rossbach seconded. Ayes - only for items 1-4 are Dierich, Ledvina, Monahan-Junek, Rossbach Ayes - only for item 5 are Ledvina, Rossbach Nays - only for item 5 are Dierich, Monahan-Junek Commissioner Dierich was not comfortable telling the landowner where he has to place his house on the lot. And as it was mentioned earlier if it were new construction he could put the house anywhere on the lot he wanted to. Planning Commission Minutes of 05-06-02 -10- Commissioner Ledvina said this house is coming into this neighborhood. There is a separate approval process and he thinks there is input that the planning commission is able to have to make sure that the house is appropriate for this site. He can see Ms. Dierich's point, but given the scenario he thinks it is important to review it and do what the commission can for the existing neighbors. Commissioner Dierich said she agrees with Mr. Ledvina and hopefully the landowner will make that choice but she can understand his wish not to put the house near the power lines. Chairperson Rossbach said due to lack of a quorum the voting was unofficial but this information will be passed onto the city council. Mr. Roberts said this request goes to the city council on Tuesday, May 28, 2002. c. Kline Nissan Vehicle Dealership- 3100 Maplewood Drive Ms. Finwall said Rick Kline, of Kline Auto World, is proposing to build a 25,502 square-foot, two- story Nissan dealership with a 16-bay automobile maintenance garage. The dealership will be constructed at 3090 and 3110 Maplewood Drive, which is located at the southeast corner of County Road D and Maplewood Drive (Highway 61). The site is zoned M-l, Light Manufacturing, and currently contains two vacant single-family homes. The applicant is requesting that the city council approve: A 75-foot wetland buffer variance. The Ramsey/Washington Metro Watershed District has classified the wetland on the site as a Class 1 wetland. City code requires a 100- foot-wide buffer along Class 1 wetlands. The applicant is proposing a 25-foot-wide buffer. A conditional use permit (CUP) for a maintenance garage. The sale of new and used vehicles is permitted. City code requires a CUP for service and maintenance garages. 3. The design plans (architectural, site, landscape, and lighting plans). (This will be reviewed by the Community Design Review Board on May 14, 2002). The wetland on the proposed Nissan site, which is a Class 1 wetland, has characteristics and functions that are most susceptible to human impacts; they are the most unique type of wetland and have the highest community resource significance. The 100-foot wetland buffer is required to help protect the wetland from human impact. According to Karl Hammers of the Ramsey-Washington Metro Watershed District, grading and filling have degraded the buffer surrounding parts of the wetland. In addition, some of the buffer has been overrun by green ash and buckthorn. Rob Langer, also of the Ramsey-Washington Metro Watershed District, stated that even though some of the buffer has been degraded, the wetland is a high quality Class 1 wetland, particularly the flood plain wetland to the east of the property. It is beneficial to maintain as much of a surrounding buffer as possible. Planning Commission Minutes of 05-06-02 -11- The applicant proposes to grade up to the wetland edge and to reestablish an "improved" 25-foot- wide wetland buffer. He would construct the parking lot 25 feet from the wetland's edge. The applicant is working with Sunde Engineering to design and install a subsurface storm water infiltration system that will help treat the water prior to being deposited into the wetland. This type of system was also installed at the Volvo dealership located to the south of the Nissan site. On April 4, 2002, the Ramsey/Washington Metro Watershed District approved the wetland buffer variance. The Watershed District approved the applicant's plan to remove the entire buffer and to provide an improved 25-foot-wide buffer with reestablished native vegetation after the infiltration system is installed. Regarding compliance with the state law findings for variance approval, staff does not feel that the wetlands pose a sufficient hardship to warrant the 75-foot variance requested. They feel that a lesser variance is justified. Staff has shown on page 24 how much land would lie within a 100- foot and a 50-foot buffer as well as the proposed 25-foot buffer. Clearly, with no variance, a 100- foot buffer would render over half of the site unusable. The 50-foot buffer, however, would allow considerably more land area to be used by the applicant. With the 50-foot buffer alternative, the major impact on parking loss would occur along the northeast side of the site where there are 34 spaces proposed. Staff feels that preserving more of the natural wetland buffer along this side of the property would be a suitable compromise. It would be the least disruptive to the site plan while preserving considerably more of the natural buffer. Mr. Hammers, of the Watershed District, stated that if the city requires a 50-foot-wide buffer, it would be beneficial to grade within 10 feet of the wetland and reestablish 40 feet of the buffer with native plantings. He said that the additional improved buffer would help protect the wetland. Staff does not find as much of a problem with the proposed 25-foot buffer on the other sides. Allowing the proposed 25-foot buffer on the east and south would preserve much of the applicant's site plan and cause the least disruption to his parking and traffic patterns as proposed. With this alternative of requiring a 50-foot-wide buffer on the northeast side, the applicant would be left with 235 parking spaces. For comparison, this would be 59 more than Lexus of Maplewood (they have 176 spaces) and 147 more than Kline Volvo (they have 88 spaces). The council granted 75-foot buffer variances for the neighboring auto dealerships. It does not seem warranted, however, to grant such a large variance again just because the city has done so before. Variances should be approved based on the circumstances of each individual request and circumstances. In this case, staff agrees that a variance is justified, but not the size requested. With a 50-foot buffer on the northeasterly side, we will achieve a suitable balance between determining a "reasonable use of the property" and code compliance. The city's parking ordinance does not clearly define the special parking requirements for an automobile dealership, i.e., parking spaces for automobile inventory. However, using the ratio for 1 space for each 200 square feet of office/showroom, 1 space for every 1,000 square feet of parts storage, 3 spaces for each service bay, and 1 space per employee, the Nissan site is required to have 131 parking spaces. The applicant proposes 269 parking spaces. The proposed building will have a front exterior of flat metal panel wall systems, corrugated metal panels, and anodized aluminum frames with insulated glass. The sides and rear exteriors will be rock-face concrete block and EIFS (exterior insulation finish system - a stucco-look material). Planning Commission Minutes of 05-06-02 -12- The front and the south side of the building will be visible from Highway 61. The south side of the building has a large expanse of rock-face concrete block, giving the appearance of a very large and plain wall. For this reason, staff recommends that design elements found on the front of the building also be implemented onto the south side, including the extension of the flat metal panel wall systems with decorative corrugated metal panels. Much of the north elevation is already treated decoratively. Unloading on public right-of-way has been a recurring problem with auto dealerships along Highway 61. Unloading on Highway 61 or County Road D is not allowed and should be prohibited by a condition of the CUP. The applicant should install a right-turn lane from Highway 61 as required for the Volvo and Lexus dealerships. This lane should be subject to MnDOT's approval. Commissioner Ledvina said the plans show a delineation of the wetland but he did not find anything that described who had completed the delineation and when it was done. Ms. Finwall said Sunde Engineering conducted the wetland delineation as well as the Watershed District confirming the engineering firm's delineation. Commissioner Ledvina asked if it is indicated on Sunde's site plan dated August of 20017 Ms. Finwall said she would have to verify that information. Commissioner Ledvina asked staff if they had any information on the fluctuation of the water level in the pond adjacent to the wetland? It appears that it is 871 feet but it is hard to tell in terms of what the existing water level is. The reason for his question is he is concerned about the effect of ground water on the seepage design for the storm water plan. Chuck Ahl, city engineer, said based on the information on this plan, staff has relied on the Watershed District for a lot of the technical expertise. Mr. Ledvina brings up a point with infiltration types of devices. Staff's review, in coordination with the Watershed District, indicated that the water levels in this area are at 871 feet. However, if you look at the overall specifics of the infiltration types of devices, they are extremely wide at points up to 20-feet wide and only 5 feet of depth. The bottom being down at 876 feet so staff is talking about some shallow area infiltration devices that will be using probably only 3 or 4 feet in there but with the extra width the infiltration will occur. Commissioner Ledvina said looking at the drawings he sees 869.5 feet as the base elevation of the infiltration zones and they are 4Y2 feet by 20 feet as indicated. Mr. Ahl said one of the conditions of the Watershed District as well was that the bottom elevation of the infiltration trench should be no lower than two feet above the water level of nearby wetlands. Staff feels the extra width and the extensive length of those infiltration trenches creates a very solidly engineered plan and it is reasonable to assume it will function well. Chairperson Rossbach asked what were the wetland buffers before the current buffers were put in place? Planning Commission Minutes of 05-06-02 -13- Mr. Roberts said he believed either 10 or 20 feet. Commissioner Ledvina said in the engineering memorandum on page 28 of the staff report there is reference to the Lexus Dealership. He thinks it should be the Volvo Dealership with the similar type of infiltration system. Is this correct? Ms. Finwall said correct, the Volvo Dealership has the infiltration system. Jeff Stearns, who is the Vice President and C.E.O. of Kline Volvo and resides at 2052 Boulder Road in Chanhassen, addressed the commission. Four years ago when he came to Maplewood to build the Volvo dealership, they dealt with the setbacks and the parking issues of the dealership, so he is familiar with how the process works. Everything is fine with him except for the recommended increased setbacks. He has lived up to his word over the last four years by putting in an award winning infiltration system in the Volvo building. He is concerned as the commission is about the wetlands. He is also concerned about some issues that came up four years ago. One is the size of the dealership and how they were operating back then, i.e. parking on the grass. Mr. Stearns said they have now improved on the parking situation. They have had one violation that was only a warning and they have not had a violation on the parking for the past four years. He would like to mention that the current facility is on the same acreage that he is moving this dealership to. For the amount of money he spent for that property he needs every bit of square footage that he can get. As far as the setbacks, another issue that came up a few years ago is unloading cars off the trucks and keeping them off of Highway 61. He is just as upset about the unloading of vehicles as everyone else because he lives and breathes next to Lexus and he knows what congestion that can cause when those trucks unload there. Number one, they go flying by his dealership and don't stop. The way the current plans of the new building are they need those setbacks to be at 25 feet to the wetland because those trucks are going to come in on the front side. They have set it up so the trucks can pull around so they would never have to unload on Highway 61. Part of the issue for him at this meeting is the setback issue. As far as the other issues with the car dealership, he has gotten Nissan to approve two beautiful entryways into the facility. One will face Highway 61 and there will be another one that will face Highway 694 or County Road D. With a car dealership, display is very important and that gets him back to the setbacks. The frontage of the building will be off of Highway 61 and County Road D and the setback is very concerning to him. Mr. Stearns said he noticed that the Watershed District approved the 25-foot setback. They are the experts so he is going by what they said, no offense to staff. He knows there has been some comparison with the Lexus dealership and with Volvo as far as the size of the building. It is a two- story building so that does add square footage, but Nissan is a higher volume franchise than Lexus or Volvo. They sell twice as many Nissan cars as those two dealerships. He wishes he could afford all the property that the Toyota dealership has. He wants to live up to his promise that he gave four years ago. He does not want to park cars on the grass, he wants to be a good neighbor so he just asks that the commission take a look at the setback. He agrees with Ms. Finwall with the appearance of the south side of the building. He has discussed possibly putting windows on that side of the building above the service area. This would bring more light into the service area and it would be a better working environment for the techs inside. Planning Commission Minutes of 05-06-02 -14- Commissioner Ledvina asked Mr. Stearns if they have had any issues with maintaining the storm water management system at the Volvo dealership? He is interested in how that has worked out. Mr. Stearns said the system has worked fabulous. The requirements that were made by the city to have the dealership maintain and clean the system have worked out fine. They have been checked once and it has been cleaned twice. It is an award winning system and a number of other cities have looked at this system. It is fabulous at protecting the wetlands and the property. Commissioner Dierich asked staff if they could comment on Lieutenant Banick's report? Ms. Finwall said Lieutenant Banick had some concerns about the design of the parking lot. He believes that the location of this development and the proximity to the freeway will promote vehicle theft. The automobile dealerships generate a fair amount of police activity for the police department. Commissioner Dierich asked if staff made any changes or suggestions with this plan based on his report? Ms. Finwall said staff did not require any changes. The memo is intended to inform the planning commission of the police concerns. Commissioner Dierich said she wanted to thank the staff for the excellent job they did on this report. To date it is the most complete and thorough job she has seen on a planning commission report. Commissioner Ledvina stated he has strong concerns about the wetland delineation. In his experience he has found that wetland delineations usually follow contours, this map shows a wetland elevation as high as 876 feet in the southwest corner of the project. On the northeast side of the site it shows an elevation that is 871 feet and is not delineated as a wetland. He is having a hard time understanding how this was delineated in this way. He understands that the process also involves determination of vegetation and that is a significant element. He would suggest that a major part of the eastern part of the site, essentially the wetland delineation, is the property line. From what he sees, the wetland goes well into the property along the east side. He is having a hard time rectifying what he sees on the ground and the map and what he sees as the edge of the delineated wetland. He says he will be skeptical until he can see a professional report that shows him the level of expertise that was involved in it. Jack Grotkin, Vice President of RJ Ryan Construction at 1100 Mendota Heights Road in Mendota Heights, addressed the commission. Mr. Grotkin said the actual delineation was performed by Advanced Soils and Engineering. The survey is done after the delineation is marked and is done by a soils company along with a geologist. They go out and look at the soils and grasses and not just the elevations. Once a registered engineer marks them, the flags are put onto the survey, which was done by Sunde Engineering. It is actually two different companies that performed the wetland delineation and his company has the report. Chairperson Rossbach asked staff what the Watershed District does? Planning Commission Minutes of 05-06-02 -15- Mr. Ahl said the Watershed District's role in the city's area is to review and monitor those reports. They send technicians out. Because of the quality of the wetland they will confirm that and take spot checks. Rather than have a duplicate service, city staff relies on the Watershed District for that wetland analysis. The city does not have that type of expertise on staff. Mr. Ahl said the Watershed District has hydrologists on staff and they do delineations. They enforce the wetland conservation act laws, which govern wetlands in our area. In this case the city is relying on their expertise to say this is the edge of the delineated wetland and that this buffer is appropriate. Chairperson Rossbach asked staff if this is something that has already happened or it would happen after this gets approved? Mr. Ahl said staff's understanding is that they have issued preliminary approval of this site plan pending the special conditions that are in the watershed district permit. They include the confirmation of the delineation and he assumes that report is currently being reviewed at the Watershed District. Chairperson Rossbach asked staff what happens when they go out to do their final delineation and they determine it is different than the plan submitted. Do we then bump our buffer to follow whatever they have determined to be the new delineated wetland? Mr. Roberts said if the Watershed District makes a determination that they do not agree with the wetland as delineated by the applicant/staff, they would require a change to the setback. If it shifts five or ten feet and the city requires a 25-foot buffer, the 25-foot buffer will have to remain, whether it shifts one way or the other. Commissioner Ledvina said he thinks knowing that it was recently surveyed as of last fall helps him. It also helps that there is a correction process if indeed there is a disagreement on the actual placement of the wetland line. Chairperson Rossbach said that Mr. Stearns commented earlier when the two of them were talking before the meeting that he recognized Mr. Rossbach from four years ago. What he may or may not remember is that Mr. Rossbach was not happy with the proposal back then. He voted against it because he felt the city would be giving away too much of the wetland buffer. Them has been a lot of discussion with staff and the commission since then having to do with the buffers. The commission will be glad when they get done with this stretch of Highway 61 because of the wetland buffer decisions. For the record, he commented that he has no problem with staff's recommendation. He is going to vote for it, but he would not be in favor of reducing the buffer for this project. He still feels very strongly that the city needs to do as much as possible to protect the wetlands. He has modified his opinion over the years in accepting more of the Watershed District's thoughts that there is not a very good buffer there now and the city will get a better buffer out of the deal. The wetland to the north is the highest class of wetlands and he is not willing to allow any more of a buffer area be removed than they have to. Planning Commission Minutes of 05-06-02 -16- Chairperson Rossbach unofficially moved that the city council adopt the wetland buffer setback variance resolution on pages 31 and 32 of the staff report, approving a 50-foot wetland buffer variance along the northeast property line and a 75-foot wetland buffer variance along the southeast and south sides of the property for the proposed Nissan dealership at 3090 and 3110 Maplewood Drive. Approval is based on the following findings: Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The lO0-foot-wide wetland buffer requirement would make development of this site difficult. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present state and will treat storm water from the site with a subsurface storm water infiltration system. Co The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: Dedicating a 50-foot wetland protection buffer easement along the northeast lot line and a 25-foot wetland protection buffer easement along the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge on the side where the 50-foot buffer is required, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district. Co Submitting a revised landscape plan for the restoration of 40 feet of the wetland- protection buffer on the northeast side of the site and for the 25-foot buffer in the other wetland buffer areas. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. do Installing signs at the edge of the wetland-protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. Submitting a signed maintenance agreement to the Ramsey/Washington Metro Watershed District and the city for maintenance of the subsurface storm water infiltration system that accepts responsibility for any necessary maintenance and upkeep of the system. Planning Commission Minutes of 05-06-02 -17- Chairperson Rossbach unofficially moved that the city council adopt the resolution on pages 33 and 34 of the staff report, approving a conditional use permit for a maintenance garage at the proposed Kline dealership at 3090 and 3110 Maplewood Drive. Approval is based on the findings required by the code and subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. c. The applicant shall not load or unload vehicles on public right-of-way. d. Cars can only be parked on designated paved surfaces. e. The city council shall review this permit in one year. Commissioner Dierich unofficially seconded. Ayes- Dierich, Monahan-Junek, Rossbach Nays- Ledvina Commissioner Ledvina said the reason he voted nay is that he has a concern about the wetland delineation. That could be alleviated by more information, but at this point he can't vote for it. He feels that this is the highest quality wetland that the city has and the city has to do whatever they can to protect it. The site plan actually shows activities within the buffer, like the displaying of cars. Although he realizes that staff would prevent the applicant from building those display areas in the buffer area. Commissioner Ledvina said he recognizes that the Watershed District has placed a condition on the construction of the features but he does not know what happens to the site plan if they have to increase the elevation by two feet perhaps to maintain the separation between the ground water and the base of those seepage structures. He would commend the applicant for going the extra mile and making the proposal for the infiltration system, and he thinks it is very appropriate that they do so. More information is necessary for him to make a more informed decision in this regard. Chairperson Rossbach said this is an unofficial vote and this is strictly for information for the city council. They will make the decision at their meeting on Tuesday, May 28, 2002. VII. UNFINISHED BUSINESS VIII. None. VISITOR PRESENTATIONS None. Planning Commission Minutes of 05-06-02 -18- IX. COMMISSION PRESENTATIONS April 22, 2002, Mr. Ledvina was unable to represent the planning commission at the city council meeting. The street vacation of Reaney Avenue proposed by Cardinal Realty passed ayes all. The second item was the code amendment BC(M) the second reading for the Chili's and the Outback Restaurant. b. May 13, 2002, Mr. Ledvina will represent the planning commission at the city council meeting. The Gladstone Park Development on English Street will be discussed. c. Tuesday, May 28, 2002, Mr. Rossbach will represent the planning commission at the city council meeting. X. STAFF PRESENTATIONS a. Annual Tour - July 29, 2002 Mr. Roberts said the annual tour is tentatively scheduled for Monday, July 29, 2002. Members should think about how many stops they want to make, areas they would like to visit, and who should be included on the tour. Mr. Roberts will reserve the bus for this date but other ideas will be discussed again at a later date. Commissioner Ledvina said he feels it is a good idea to have other commissions there in a social setting. It is a good opportunity to have everybody together for the tour. b. May 20, 2002, Planning Commission Meeting Start time change from 7:00 p.m. to 8:00 p.m. Mr. Roberts stated the city council would be holding a meeting until 8:00 p.m. Therefore, the planning commission meeting will start at 8:00 p.m., which is an hour later than usual. 2. Tentative Items to be discussed will be: a. Dearborn Meadow (Castle Avenue). b. Home Occupation License (Sewing Business) - 2492 Highwood Avenue. c. Lexus Dealership Expansion - 3000 Maplewood Drive (may be an item). d. Hmong Alliance Church Expansion - McMenemy Street (may be an item). Xl. ADJOURNMENT The meeting was adjourned at 9:35 p.m.