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HomeMy WebLinkAbout05/20/20021. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, May 20, 2002, 8:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. May 6, 2002 5. Public Headng a. Dearborn Meadow (Castle Avenue) 1. Comprehensive Plan Amendment (M-1 to R-3(M)) 2. Conditional Use Permit for Planned Unit Development 3. Preliminary Plat 6. New Business a. Home Occupation License (Sewing Business) - 2492 Highwood Avenue b. Lexus Dealership Conditional Use Permit Revision - 3000 Maplewood Drive c. Easement Vacation (Tillges Medical Office Building) - Hazelwood Street 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. May 13 Council Meeting: Mr. Ledvina b. May 28 Council Meeting: Mr. Rossbach c. June 10 Council Meeting: Ms. Fischer 10. Staff Presentations Annual Tour - July 29? Upcoming Items 1. Hmong Alliance Church Expansion - McMenemy Street 2. Sinclair Station Remodeling - Larpenteur Avenue 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 20, 2002 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 8:25 p.m. I1. ROLL CALL Commissioner Mary Dierich Commissioner Lorraine Fischer Commissioner Matt Ledvina Commissioner Jackie Monahan-Junek Commissioner Paul Mueller Commissioner Gary Pearson Commissioner William Rossbach Commissioner Dale Trippler Absent Present Present from 8:25-9:25 p.m. Absent Present Present Present Present Staff Present: Ken Roberts, Associate Planner Chuck Ahl, Public Works Director Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Rossbach moved to approve the agenda. Commissioner Pearson seconded. Ayes- Fischer, Ledvina, Mueller, Pearson, Rossbach, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for May 6, 2002. Commissioner Rossbach moved to approve the planning commission minutes for May 6, 2002. Commissioner Ledvina seconded. Ayes - Ledvina, Pearson, Rossbach Abstention - Fischer, Mueller, Trippler The motion passed. Planning Commission Minutes of 05-20-02 -2- V. PUBLIC HEARING a. Dearborn Meadow (Castle Avenue) Mr. Roberts said Mr. Mike Ackerman is proposing to develop nine townhouses (in four twin homes and one single unit) in a development called Dearborn Meadow. It would be on a 2.11- acre site on the south side of Castle Avenue, north of Cope Avenue. A homeowners' association would own and maintain the common areas. Each building would have horizontal-lap vinyl siding, aluminum soffits and fascia and brick veneer on the fronts. In addition, each unit would have a two-car garage. To build this project, Mr. Ackerman is requesting that the city approve: A change to the comprehensive plan. This would be from M-1 (Light Manufacturing) to R-2 (single and double dwellings) for the site. A change to the zoning map. This would be from M-1 (Light Manufacturing) to R-2 (single and double dwellings) for the site. A conditional use permit (CUP) for a planned unit development (PUD). This PUD will allow the townhouses to be on smaller lots than code usually allows (in area and in width) and to have them on a private driveway. 4. A preliminary plat for nine lots for the nine housing units. 5. The design plans for the site, landscaping and buildings. City staff also is proposing to change the zoning and land use plan designations for two areas next to the proposed development. These changes would be from M-1 (Light Manufacturing) to R-2 (single and double dwellings). Mr. Roberts said on April 17, 2000, the planning commission considered Mr. Ackerman's requests for a 10-unit townhouse development. The commission tabled action on the proposed plans to allow the developer's engineer to review the drainage patterns in the area. This was to insure that the proposed development would not increase storm water runoff onto adjacent properties. On May 15, 2000, the planning commission recommended approval of the land use plan and zoning map changes and the lot-area and lot-width variances for the 10-unit proposal. For the preliminary plat, the commission split their vote four to four. On May 23, 2000, the community design review board recommended that the city council deny the 1 O-unit proposal. The board felt that the site was too dense based on the configuration of the buildings. They felt that 15 feet between structures was too little and that the southerly buildings should be reoriented to face north with their backyards butting up to the backyards to the south. After much discussion and the recommendation from these meetings, Mr. Ackerman withdrew his development requests before staff sent the 10-unit proposal to the city council. Planning Commission Minutes of 05-20-02 -3- Staff does not find a problem with this proposal in terms of compatibility and land use. The proposed townhouses would be near Highway 36 and next to single dwellings. In addition, developers will often build town homes next to single dwellings. A recent example is with the New Century Addition in south Maplewood. The developer, Robert Engstrom, is presently developing this neighborhood with a mix of single dwellings and town homes. There are many other examples in Maplewood, such as Afton Ridge, Southwinds, Bennington Woods and the Carriage Homes of Maple Hills where this is the case. Several neighbors expressed concern over the potential for increased runoff and flooding due to this development. The neighbors also have told staff that there has been an ongoing drainage problem for the area between Cope and Castle Avenues for several years. Specifically, there are properties that have Iow areas that tend to collect storm water, and this water does not drain off quickly. The city should require that the grading/drainage plan would not increase the storm water flow onto any neighbor's land. Since the planning commission last reviewed this proposal in 2000, the developer has revised the grading plan. He is now proposing to expand the wetland to form a larger area for the collection of storm water. As proposed, the utility plan shows most of the storm water from the site, including the private driveways, and the drainage from the undeveloped area east of the site, going into the expanded ponding area. The developer is proposing that the overflow from the pond go into new and existing storm sewer pipes that connect to the city drainage system in Cope Avenue. Based on the latest plans, the developer's engineer provided the city engineer with information and calculations about the storm water. These show that this project will actually reduce the amount of storm water running off the site. Commissioner Trippler said if the city decides that there is not enough on-street parking, who decides after the fact that additional parking is necessary, who gets stuck with the bill for that? Mr. Roberts said as part of the conditional use permit, staff could make the developer pay for that. He does not believe there will be a need for more parking. He said the condition could be taken out. Commissioner Trippler said he feels comfortable that increasing the size of the pond will take care of minimizing the amount of run-off from the development. He asks if any of the water issues from the homes at 1949 or 1953 Cope Avenue are related to ground water at all? He wonders if you increase the capacity and the area of the wetland you may increase the amount of ground water flow. If it is an issue of water going into those basements that may be causing a problem that the city may not be thinking about. Mr. Ahl said when the city extends storm sewer they find almost the opposite. The storm sewer itself has a tendency to lower the ground water slightly. They are moving water that would sit and infiltrate into the ground and that will dissipate and have more of an impact on the ground water. When there is a storm sewer they don't have any surface water that sits around. The flow of the ground water follows the lay of the land and flows downward. Chairperson Fischer asked the applicant to address the commission. Planning Commission Minutes of 05-20-02 -4- Mr. Mike Ackerman of Mike Ackerman Construction at 7317 Brian Drive, Centerville, addressed the commission. He said the townhouses would be one level with an unfinished basement and have 14,050 on the main level, and with a finished basement there would be 2,000 square feet of finished space with attached two-car garages. Typically the buyers for this type of development are retired and/or single working individuals. This type of housing is in high demand. The storm water runoff situation should improve the current situation by developing this site. He has worked hard with the staff, engineers, and met with neighbors in regard to this proposed development. He does not feel adding these nine proposed town homes will increase the traffic in the area significantly. In speaking to Patrick Kinney, the owner of the two properties on Cope Avenue, Mr. Kinney would prefer the layout as it is proposed facing the sides as opposed to facing the back. If the units were turned the other way, there would be more roof area draining off the back and toward the south. Maplewood resident Mrs. Bobby Haugles at 1988 Castle Avenue addressed the commission. She and her husband are concerned about the grading on the lot. When it rains, they can look out the back and see the water going across the backyard towards the pond. She asked if this is built would that water back up? Mr. Ahl said the city anticipates that the drainage will improve. They are extending a pipe out to that area. Not only will the water not back up but the city thinks the water will leave quicker than currently. Mrs. Haugles asked if the homes are built up to a higher level, are you saying you are adding drainage pipes like gutters to collect the water to run underground and not on top of the land? Mr. Ahl said the pipes are extended between the homes out toward your home from the street they are proposing. That should more than adequately remove the water. In addition, there is a swale in between the homes. If that should become plugged, the water will overflow and go down to the pond. Mrs. Haugles asked if that is going to cover the vacant lots between 1988 and the new addition that is going to be rezoned? There are about five small lots between where they live and where the proposed addition is going to be. Mr. Ahl said the pipe is extended to the Haugles' eastern property line, so it doesn't go onto those properties but it should help move the drainage through the area. Commissioner Pearson moved to approve the resolution on page 35 of the staff report. This resolution changes the land use plan for the Dearborn Meadow plat and two adjacent properties on the south side of Castle Avenue, north of Cope Avenue. This change is from M-1 (light manufacturing) to R-2 (single and double dwellings). The city is making this change because: 1. It would be consistent with the goals and objectives of the comprehensive plan. This area would eliminate the planned commercial area that would have been between two residential areas. Planning Commission Minutes of 05-20-02 -5- o This site is proper for and consistent with the city's policies for medium-density residential use. This includes: a. Creating a transitional land use between the existing Iow density residential and commercial land uses. b. It is on a collector street and is near an arterial street. c. Minimizing any adverse effects on surrounding properties because there would be no traffic from this development on existing residential streets. 4. It would be consistent with the proposed zoning and land uses. Commissioner Pearson moved to approve the resolution on page 36 of the staff report. This resolution changes the zoning map for the Dearborn Meadow plat and two adjacent properties on the south side of Castle Avenue, north of Cope Avenue. This change is from M-1 (Light Manufacturing) 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 part of the property for double dwellings. Commissioner Pearson moved to approve the resolution starting on page 38 of the staff report. This resolution approves a conditional use permit for a planned unit development for the Dearborn Meadow development on the south side of Castle Avenue. The city bases this approval on the findings required by code. Approval is subject to the following conditions: All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation. (2) All driveways at least 20 feet wide. If the developer wants to have parking on one side of the public street, then that street must be at least 28 feet wide. (3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the engineer's memo dated May 14, 2002. The approved setbacks for the principal structures in the Dearborn Meadow PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum - 35 feet. Planning Commission Minutes of 05-20-02 -6- b. Front-yard setback (public side street): minimum - 30 feet, maximum - none. c. Rear-yard setback: 50 feet from any adjacent residential property line. d. Side-yard setback (townhouses): minimum - 20 feet from a property line and 20 feet minimum between buildings. 5. If the city council decides there is not enough on-site parking after the townhouses are occupied, the city may require additional parking and the developer will bear the additional expense, 6. The developer or builder will pay the city Park Access Charges (PA(3 fees) for each housing unit at the time of the building permit for each housing unit. 7. The city council shall review this permit in one year. Commissioner Pearson moved to approve the Dearborn Meadow preliminary plat (received by the city on April 24, 2002). 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, complete all public improvements and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of traffic-control, street identification and no-parking signs. d. Provide all required and necessary easements (including 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). e. Cap and seal any wells on site. f. Have Xcel Energy install a streetlight at the intersection of Castle Avenue and the proposed private driveway (Castle Place). The exact location and type of light shall be subject to the city engineer's approval. g. Install permanent signs around the edge of the wetland buffer easement. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. h. Install survey monuments along the wetland boundaries. Planning Commission -7- Minutes of 05-20-02 2. *Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated May 14, 2002 and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Include contour information for all the land that the construction will disturb. (3) Show housing pads that reduce the grading on sites where the developer can save large trees. (4) Show the proposed street and driveway grades as allowed by the city engineer. (5) Include the tree plan that: · Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. · Shows no tree removal beyond the approved grading and tree limits. (6) Show drainage areas and the developer's engineer shall provide the city engineer with the drainage calculations. The drainage design shall accommodate the runoff from the surrounding areas. The undeveloped parcel to the east of this site shall have unrestricted access to the storm sewer with a capacity to accommodate post development runoff. c. The street and utility plans shall show the: (1) Water service to each lot and unit. (2) Repair of Castle Avenue (street and boulevard) after the developer connects to the public utilities and builds the private driveways. (3) Design of the sanitary sewer allowing for the unrestricted access to the sanitary sewer in the development from the undeveloped adjacent to the site (primarily to the east). 3. Paying for 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. Planning Commission Minutes of 05-20-02 -8- bo Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label the private street as Castle Place and label Castle Street as Castle Avenue on all plans. d. Label the common area as Outlot A. e. Provide easements to allow for unrestricted access to the storm sewer, sanitary sewer and water main in the development from the undeveloped parcel to the east. Secure and provide all required easements for the development including any off-site drainage and utility easements. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. If necessary, obtain a permit from the Ramsey-Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. Submitting the homeowners' association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and common areas. * The developer must complete these conditions before the city issues a grading permit or approves the final plat. Commissioner Trippler seconded. Ayes-Fischer, Ledvina, Mueller, Pearson Rossbach, Trippler Commissioner Trippler added a friendly amendment for c. 5. If the city council decides there isn't enough on-site parking after the townhouses are occupied, the city may require additional parking and the developer will bear the additional expense. Commissioner Pearson moved to approve the friendly amendment with the altered wording. The motion passed. This goes to the city council on June 10, 2002. Planning Commission Minutes of 05-20-02 -9- VI. NEW BUSINESS a= Home Occupation License (Sewing Business) - 2492 Highwood Avenue Mr. Roberts said Jerianne Cullen and Doua Lee are requesting a home occupation license to operate a sewing shop business from their residential property at 2492 Highwood Avenue. Ms. Cullen and Ms. Lee have been conducting their business (Home Based Industries, Inc.) from 990 Payne Avenue in St. Paul for the last three years. They now propose to relocate their business to an existing barn located on their property. To operate the sewing shop business from their residential property, Ms. Cullen and Ms. Lee are requesting that the city approve a home occupation license. The applicants' business includes sewing products such as clothing and bags that are ordered by various companies. According to the city's home occupation ordinance that applicants' business requires a home occupation license due to the fact that they process a product from the premises for more than 30 days a year. Ms. Cullen and Ms. Lee both live on the premises and will be the only employees in the home occupation. The applicants state that they may receive customer visits about once a week between the hours of 9 a.m. to 5 p.m., Monday through Friday. In addition, UPS delivery will come to the business about three times a week during their peak season (April through October). The applicants' property is zoned Farm Residence and all surrounding properties are zoned Single Dwelling Residential. The property is the location of an old farmstead that includes 3.95 acres of land and a barn estimated to be over 100 years old. Since the applicants purchased the property three years ago, they have made improvements to the barn including residing, reroofing and putting in a new second floor. The applicants are working with a group called Barn Again out of Denver, Colorado to help find financial resources to further renovate their barn as well as work with federal and local historical societies to ensure that the barn renovation follows the original architecture. One financial resource that may be available to the applicants is a federal tax break on improvement costs if the barn is used as an income generator. If the home occupation license is approved, therefore, the applicants will have a greater source of funding for the barn renovation. Future barn improvements proposed by the applicants include exterior painting, adding 12 windows, electrical upgrades, and interior finish. The applicants are working with the city's building official and fire marshal to ensure that the renovations meet all building and fire codes. Commissioner Trippler asked if there is a limit to the amount of employees that can work in this home sewing business. And how does the city ensure that the number of employees doesn't get exceeded? Mr. Roberts said there are limits set both by the ordinance and secondly, if the city feels it is necessary, they can set additional conditions on number of employees. The staff is also recommending that the home occupation license get reviewed in 1 year. Home occupations are to get licensed by the city clerk once a year as well. The biggest control is from the neighbors. If the neighbors start to see the business or traffic increasing, staff will investigate. Planning Commission Minutes of 05-20-02 -10- Mr. Roberts said the staff relies on the neighbors to keep watch of these types of situations. Commissioner Ledvina said the ordinance allows the placement of one sign. How large can the sign be and where will the sign be placed for this business? Mr. Roberts said the code allows the sign to be up to 2 square feet in size and it can be anywhere in the front yard, it just cannot be on the public right-of-way. Commissioner Mueller said many of the comments were pertaining to the junk on the property. It doesn't have anything to do with the sewing business, but can the city say the junk has to go? Mr. Roberts said in condition 7 the staff is recommending the applicants clean up the south side of the barn because that is the most visible from the neighbors. The staff could have the health officer take a look at the property if there is inoperable vehicles, junk or debris that would be unsafe or unhealthy on any property. The staff just felt that would be a good neighborly thing to take care of. Commissioner Pearson asked staff if the farm zoning on this change in any way the number of dogs and kennel license requirements? Mr. Roberts said he doesn't believe so. It is standard throughout the city. Commissioner Pearson asked if you have three or more dogs are you required to have a kennel license? Mr. Roberts said he believes that is correct, but he doesn't want to speak to that. As the city clerk's office reviews requests for kennel licenses. Chairperson Fischer asked if staff checked if the percentage of floor space that will be used for the business will meet the limits that are set for the code? Mr. Roberts said the code limits it to 20% of the floor area. He will have Ms. Finwall check the percentage of floor space before it goes to the city council meeting. The applicants, Jerianne Cullen and Doua Lee, 2492 Highwood Avenue, addressed the commission. Ms. Cullen said she thinks some of the neighbor comments may have led to some misunderstandings. They only own two dogs. The vehicles on the property are licensed and tabbed. They don't have a garage to put their cars in, and the vehicles are parked on a gravel driveway. One of the neighbors does not like to look at it. They moved it because that was the recommendation. They have made a lot of improvements, and if you read the positive comments they state that as well. They have been on the property for three years and have put thousands of dollars into the property in landscaping, the barn and the home. Commissioner Pearson asked if the number of dogs fluctuated from time-to-time? Ms. Cullen said they had one dog awhile back that passed away, and now they have two dogs. Commissioner Pearson said the reason he asked is even the people that gave recommendations that this be approved went on to say they were irritated with the barking dogs. Planning Commission Minutes of 05-20-02 -11- Ms. Cullen said there are other dogs in the neighborhood and they are on a pretty large piece of property. To pinpoint whose dog is barking is very hard to do. When she went outside on Saturday night, there were people on her property and the dogs barked. Nobody was on the property for four years before they moved in. Some of the neighbors have felt like they have freedom to go back and forth through her property because the property was vacant. Commissioner Ledvina is wondering about the traffic that this business will generate. He asked how many customer vehicles would the applicant anticipate during the week? Ms. Cullen said if they happen to work with a company, one person will bring the business to them but customers do not frequent her business. They would maybe have one customer come a week. They have UPS delivering rolls of material but that is about it. They are looking at this home business as a semi-retirement business. Doua Lee is retiring from the St. Paul Schools. They currently have a 12,000-square-foot business in St. Paul. They are downsizing their business, not upgrading. Commissioner Trippler said when he went out to look at the property, he discussed with the applicant the six evergreen trees that staff had recommended putting on the southeast corner of the property. The applicant had expressed a concern regarding the expense associated with putting six evergreens on the property to shield the vehicles in site. Ms. Cullen said she wanted to put up a section of fence. She was told that the neighbor on the south does not want a fence put there so, therefore, she should put up the evergreen trees. She had agreed to the evergreen trees. The cost of six evergreen trees that are six-foot high do not come inexpensively. To install a fence would probably be the same price, except the fence would eliminate people walking, biking, and riding ATVs through her property. The fence would also eliminate her dogs seeing any activity that causes her dogs to bark. She'll do whatever the staff recommends, but she would prefer to install the fence. Commissioner Mueller asked the applicant if she planned to fence the entire south side of the property? Ms. Cullen said not necessarily. She would fence at least the south end of the property where the neighbor's house is. Commissioner Rossbach moved to approve the home occupation license for Jerianne Cullen and Doua Lee of 2492 Highwood Avenue to conduct a sewing shop business from the barn on their residential property. This approval shall be subject to the following conditions: 1. Compliance with all conditions of the city's home occupation ordinance. 2. Deliveries and customer hours are limited from 8 a.m. to 5 p.m., Monday through Friday. 3. All customer pick-ups and other deliveries are restricted to the garage door located on the west side of the barn. 4. The applicants must obtain all necessary building permits for the renovation of the barn. Planning Commission Minutes of 05-20-02 -12- 5. At a minimum, the renovation of the barn should include painting the entire barn one solid color. The renovation of the barn cannot include any additional windows on the south side of the barn, unless the applicants can prove that no noise associated with the home occupation will be generated through the windows onto the adjacent residential properties. 7. The applicants must remove all exterior storage from the south side of the barn. To help screen the barn from the residential property to the south (1016 Sterling Street South) the applicants must install six 6-foot high evergreen trees between the barn and the east property line. 9. Any garbage container associated with the business must be stored in the barn or screened from view of the adjacent residential properties. 10. The city council will review this home occupation license in one year. Commissioner Trippler seconded. Ayes-Fischer, Ledvina, Pearson, Rossbach, Trippler Nay- Mueller The motion passed. This will go to the city council June 10, 2002. Commissioner Ledvina left the meeting at this time. b. Lexus Dealership Conditional Use Permit Revision - 3000 Maplewood Drive Mr. Roberts said Mr. Brian Teeters, representing Ryan Companies and Lexus, is proposing a revision to the conditional use permit (CUP) for the Lexus Dealership at 3000 Highway 61. This revision includes three additions to the existing building and changes to the parking lot and driveway layout to accommodate the building additions. The proposed building additions would be rock-face concrete block, EIFS (exterior insulation finish system), a stucco-look material and glass and would match the existing building. The applicant is requesting that the city council approve: A revision to the existing conditional use permit (CUP) for a maintenance garage. The city code permits the sale of new and used vehicles from this location. The code, however, requires a CUP for service and maintenance of cars. 2. The revised architectural, site and landscape plans. On February 26, 1996, the city council approved the design plans, a conditional use permit and a wetland setback variance for Lexus. Planning Commission Minutes of 05-20-02 -13- On April 8, 1996, the city council reconsidered the conditional use permit and the design approval for the project. This was to allow the applicants to start construction after they sign a developer's agreement and provide a letter of credit for the extension of a water main to the site. On September 10, 2001, city staff approved plans for a minor construction project for Lexus. This was to allow Lexus to expand their parking lot by 59 spaces. This expansion was onto the vacant part of their site north of their building. Except for some minor site restoration, they have finished this parking lot. On January 14, 2002, the city council reviewed the conditional use permit for this site and agreed to review it again in one year. The city council should approve the CUP revision, as the proposal would meet the necessary findings. The owners have operated the existing dealership without a problem since the contractor finished the construction. The applicant had originally proposed to store all refuse and parts in the building. Since then, they have started keeping their trash dumpsters and other debris on the back (east) side of the building. As such, the applicant is now proposing to add an enclosure for the dumpsters on the east side of the building. This enclosure would be a welcome addition to the site, as it would allow Lexus to keep the dumpsters more out of site. Lexus should correct some minor issues as part of this building project. These include removing the old silt fence along the bottom of the slope near the wetland and the old fence sections that Lexus has put in a pile near the south property line. The city's parking ordinance does not clearly define the parking requirements for an automobile dealership, i.e., parking spaces for automobile inventory. The code, however, does list parking requirements for a variety of other land uses. The code would require Lexus to have 160 parking spaces if one uses the ratio of 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 applicant's plans show 190 parking spaces before the construction and 176 parking spaces after the construction. Staff feels that there should be sufficient parking for the needs of Lexus. The Maplewood Police Department and the Ramsey-Washington Metro Watershed District both had no comment about the proposed expansion. The Fire Marshal noted that Lexus will need to maintain clear access around all sides of the building, especially on the east side. Commissioner Rossbach asked staff what the minor items were that have to be finished regarding the Lexus parking lot expansion? Mr. Roberts said on the south side of the site there is still some silt fencing near the wetland. He also discovered there were some fence sections piled up on one corner of the site. Those will need to be cleaned up. Commissioner Trippler said on the south side of the property is a canopy. Is that going to be an enclosed area, and is that what the addition is? Planning Commission Minutes of 05-20-02 -14- Mr. Roberts said that was his understanding. Chairperson Fischer asked the applicant to address the commission. Greg Madsen, the Senior Architect for R.J. Ryan Companies in Minneapolis, addressed the commission. Mr. Madsen said they are excited to be coming before the commission again and increasing the size of the Lexus dealership. R.J. Ryan Companies is in agreement with the staff's conditions except for item 3. c. for the in-ground irrigation system for the parking islands. The silt fence stored on the site will be used when they do the construction for the trash enclosure. Commissioner Mueller said item 3. c. is a community design review board item and the applicant will have to discuss this with the staff and the CDRB at their next meeting. Commissioner Pearson asked what the applicant plans on doing with the sections of privacy fence that are on the property? Mr. Madsen said they would use those fence sections for the doors for the trash enclosure. Commissioner Trippler said when he was on the site he was looking at the trash piled up in the back. He is concerned about the tires in the back because it could be a haven for mosquito growth. He is also concerned about a dumpster that is there for spent oil filter cartridges. There is a 200-to-250 gallon used-oil tank that has a containment structure that will contain the oil in case of a failure. He did not see any containment structure that has the spent oil filters in them. If that is going to continue to sit out where it could fail, there should be some containment structure provided for that. Mr. Madsen said that is another reason they are looking forward to this addition for Lexus. Not only will there be additional part storage that will be enclosed inside this building, but there will be additional amenities that will handle those issues rather than having them in the dumpsters themselves. Commissioner Trippler said he saw a couple of tires that were located in the wetland area. Mr. Madsen said they would clean that up immediately. Commissioner Rossbach said his understanding is that there is some silt fencing that is already in the ground being used for the old project. Mr. Roberts said that was his understanding. Mr. Madsen said they want to maintain that until they are done with this construction. If there is an issue with that, obviously they will take care of it. Mr. Roberts said if the silt fence is being used for the construction, that is fine. Staff just wants to make sure it gets cleaned up when the construction is done. Commissioner Rossbach asked the applicant if they are planning on using old privacy fence sections for the trash enclosure doors? Planning Commission Minutes of 05-20-02 -15- Mr. Madsen said they plan on repairing those fence sections and paint them for the trash enclosure. Commissioner Rossbach said he believes the doors will be broken off in one year. He said that trash enclosures are heavily abused by truck drivers and half the time the doors are missing or broken off, particularly when they are made of wood. Commissioner Pearson moved to adopt the resolution on pages 23-24 of the staff report. This resolution approves a revision for an existing conditional use permit for a maintenance garage at the Lexus dealership at 3000 Highway 61. The city bases this approval on the findings required by the code and subject to the following conditions: All construction shall follow the site plan approved by the city. This shall include the sump pump catch basin design submitted on February 26, 1996. 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. 3. The city council shall review this permit in one year. The property owner shall agree to accept responsibility for the annual maintenance and upkeep of the sump catch basins. The owner shall do such maintenance at least once a year and provide city staff with written documentation about the maintenance tasks that are performed. 5. The dealership shall not store any materials or supplies on the outside of the building, except for what they store in the dumpster enclosure. 6. Vehicle transports shall not load or unload vehicles on the public right-of-way of Highway 61. 7. The dealership shall only park vehicles on designated paved surfaces. Commissioner Mueller seconded. Ayes-Fischer, Ledvina, Mueller, Pearson, Rossbach, Trippler The motion passed. This goes to the city council on June 10, 2002. Planning Commission Minutes of 05-20-02 -16- c. Easement Vacation (Tillges Medical Office Building)- Hazelwood Street Mr. Roberts said Robert Tillges is proposing to develop a 3.57-acre lot located south of Beam Avenue and east of Hazelwood Street. The proposal includes two phases of development. The first phase is a 23,094-square-foot office building that will house Mr. Tillges' existing prosthetics and orthotics practice currently located at 1983 Sloan Place, Maplewood, as well as other medical-type tenants. The second phase, to be constructed in the future, is an 11,778-square- foot office building that will house medical-type tenants as well. To build this development, the applicant is requesting that the city vacate an unused sewer easement. The property is zoned Business Commercial-Modified (BC-M). Within this zoning district a commercial office building, such as Mr. Tillges' proposed medical office building, is a permitted use. The proposed development also meets the required setbacks and building requirements. However, in order to construct the building five feet from the south property line as proposed, the city must vacate a 1 O-foot-wide unused sewer easement that runs along the south property line of the site. The sewer easement was never used or developed for its original purpose and is not required for this or any other development. The planning commission should make a recommendation on the vacation of the sewer easement. The design elements will be reviewed by the community design review board at their May 28, 2002, meeting. The development will then be presented to the city council for final approval at their June 10, 2002, meeting. Commissioner Rossbach said in the future he would like to have a brief understanding of what is going to happen with the creek as this development progresses. Mr. Ahl said the creek would be piped underneath the ground. The city will put in a storm structure and pipe it through and fill over the top. Commissioner Rossbach said for the record, he is going to object to doing that when that time comes. Chairperson Fischer asked if the sewer is not in the easement the city has, is there an easement for the place where the sewer is? Mr. Roberts said that is not necessary, it is city property. Commissioner Rossbach asked if the situation with the creek is going to happen now or will that happen in the future? Mr. Ahl said the piping of the creek has already been approved by the city council. Commissioner Rossbach asked why didn't that issue go through the planning commission? Mr. Ahl said that is a public improvement petitioned by the developer, so it would not have been part of any review authority that the planning commission has. Planning Commission Minutes of 05-20-02 -17- Commissioner Rossbach asked who the city council had testify that putting a creek into a pipe was a good idea? Mr. Ahl said the Watershed District and the city engineering staff approved the plan. Commissioner Pearson said what is the setback from the building to the south to Markham Pond? Mr. Roberts said he does not have that dimension. Chairperson Fischer asked the applicant to address the commission. Robert Tillges, the developer at 1200 Junction Avenue in Maplewood, addressed the commission. He said he is just requesting the city approve the sewer easement so they can build this proposed project. Alan Kretman, with ProTerra Design Associates, Inc., addressed the commission. The setback to Markham Pond is about 60 feet. It will increase further to the south. There is an outlot structure controlling the pond which discharges north and goes up into the creek. This currently goes through a pipe and is outletted into the creek. The city is going to extend the same pipe. Commissioner Trippler said for the record, the applicant is his neighbor across the street from his residence in Maplewood. Mr. Trippler contacted Mr. Roberts to see if there was any reason why he should exclude himself from the vote. The only reason he would have to eliminate himself from voting is if Mr. Trippler would be benefiting in anyway from this proposal, and he is not benefiting in anyway. Commissioner Trippler moved approval of the resolution on page 10 of the staff report. This resolution is for the vacation of a 10-foot wide unused sewer easement located along the south property line of the Tillges Medical Office Building site. The reasons for the vacation are as follows: It is in the public interest. The sewer easement is unused. The sewer easement is not needed for the proposed Tillges Medical Office Building development. Commissioner Pearson seconded. Ayes - Fischer, Mueller, Pearson, Rossbach, Trippler The motion passed. This goes to the city council on June 10, 2002. VII. UNFINISHED BUSINESS None. Planning Commission Minutes of 05-20-02 -18- VIII. VISITORS PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Ledvina was the representative for the planning commission at the city council meeting May 13, 2002. Mr. Ledvina had to leave the meeting early. Mr. Roberts said the only planning commission item at the city council meeting was the Gladstone Park Addition. The council approved the proposal ayes - all. b. Mr. Rossbach will be the representative for the planning commission at the city council meeting Tuesday, May 28, 2002. A large agenda item will be the Beaver Lake Town Homes. c. Ms. Fischer will be the representative for the planning commission at the city council meeting June 10, 2002. Items to be discussed will include the Dearborn Meadow Town Homes, Home Occupation License Sewing Business, Lexus Dealership Conditional Use Permit, and the Easement Vacation for the Tillges proposal. IX. STAFF PRESENTATIONS a. Annual Tour July 29, 2002 Mr. Roberts asked members to mark their calendars for the annual tour, which will be held on Monday, July 29, 2002. Typically the meeting begins at 5:30 p.m. but more information will follow. b. Upcoming Items Mr. Roberts said the following two items will be coming up in the next planning commission meeting. Hmong Alliance Church Expansion - McMenemy Street (expanding their parking lot and adding a driveway out to Desoto Street. 2. Sinclair Station Remodeling - Larpenteur Avenue X. ADJOURNMENT The meeting was adjourned at 9:55 p.m.