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HomeMy WebLinkAbout11/17/2003MAPLEWOOD PLANNING COMMISSION Monday, November 17, 2003, 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. November 3, 2003 5. Public Headngs None 6. New Business a. Home Occupation License - 1900 Steding Street (Snavely) b. Sketch Plan Review- Gulden'sNenburg Tire (County Road D and Highway 61) 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. November 10 Council Meeting: Ms. Fisher b. November 24 Council Meeting: Mr. Pearson c. December 8 Council Meeting: Ms. Monahan-Junek 10. Staff Presentations a. NOte: The December 1,2003 Meeting as been rescheduled to Tuesday, December 2, 2003 11. Adjoumment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 3, 2003 I. CALL TO ORDER I1. III. IV. Chairperson Fischer called the meeting to order at 7:00 p.m. ROLL CALL Chairperson Lorraine Fischer Commissioner Tushar Desai Commissioner Mary Dierich Present Present Present Commissioner Commissioner Commissioner Commissioner Commissioner Jackie Monahan-Junek Paul Mueller Gary Pearson William Rossbach Dale Trippler Present Present Present Present Present Staff Present: Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary APPROVAL OF AGENDA Mr. Roberts added item 10. b. for the Redevelopment 101 Workshop under staff presentations. Commissioner Pearson moved to approve the agenda with the amended change. Commissioner Trippler seconded. The motion passed. APPROVAL OF MINUTES Ayes - Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler Approval of the planning commission minutes for October 20, 2003. Commissioner Rossbach moved to approve the planning commission minutes for October 20, 2003. Commissioner Pearson seconded. PUBLIC HE'ARING None. Ayes - Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Abstention - Trippler Planning Commission Minutes of 11-03-03 -2- VI. NEW BUSINESS a. University Auto Sales Conditional Use Permit (1145 Highway 36 East) Mr. Roberts said Mr. Hossein Aghamirzai of University Auto Sales is requesting approval of a conditional use permit (CUP) for a motor vehicle repair business at 1145 Highway 36 East. The motor vehicle repair business will provide service for vehicles purchased and sold by University Auto Sales and Leasing. The proposal calls for an approximately, 1,040-square-foot addition to be constructed on the north side of the building to accommodate the service area. The applicants request the city approve the following: 1. Amendment to their existing CUP for a used motor vehicle sales business. 2. CUP for a motor vehicle maintenance business. 3. Design review. Mr. Roberts said this item does not need to go to the CDRB because of the size of the addition. Commissioner Trippler said he is concerned about University Auto wanting to build 2 inches from the property line of Second Harvest. He asked what would happen if Second Harvest wanted to build 2 inches from their property line? Mr. Roberts said Second Harvest would have to take into account the building on the neighboring property, the uses that are involved in both buildings and would have to meet the code requirements. Typically that would involve having a sprinkler system, types of construction, number of openings; or lack thereof, and walls, so there are some limits. Commissioner Trippler asked if the applicant checked with Second Harvest to see if they were okay with this proposal? Mr. Roberts said he knows Ms. Finwall spoke with John Livingston at Second Harvest and his comments are on page 2 of the staff report. Commissioner Trippler asked for a clarification on page 7 of the report. Under the paragraph regarding staffing it says two employees but in parenthesis there is the number (3). Which is correct? Mr. Roberts said that portion of the report came from the applicant so he would have to clarify that but he believed it was a typing mistake and it was probably two employees. Chairperson Fischer asked the applicant to come forward and address the commission. Mr. Hossein Aghamirzai, the General Manager of University Auto Sales, 1145 Highway 36 East, Maplewood, addressed the commission. He said he reviewed the staff report and they are in agreement with all of the conditions in the staff report. Planning Commission Minutes of 11-03-03 -3- Commissioner Trippler asked Mr. Aghamirzai for the clarification regarding the number of employees? Mr. Aghamirzai said there would be two additional employees, not (3) as it reads in parenthesis in the report. Commissioner Pearson asked Mr. Aghamirzai if the electrical pole would be moved or buried? Mr. Aghamirzai said they would prefer to bury the electrical line. Commissioner Rossbach asked if there is a need for University Auto Sales and Second Harvest to have an agreement regarding approval for the excavation that will be going into their property? Mr. Aghamirzai said over the years they have kept in fairly close communication with the general managers and the maintenance supervisors at Second Harvest. Second Harvest is fine with the proposal. The only concern Second Harvest had was with the electrical pole, which will be buried. He said University Auto Sales and Second Harvest will continue to be good neighbors. Commissioner Rossbach said he would recommend that University Auto have some type of an agreement with Second Harvest because some of their property and part of their parking lot will have to be torn up during the construction phase. Mr. Aghamirzai said they would make sure that Second Harvest is in no way adversely affected by the construction and University Auto would respect their property. Chairperson Fischer asked the applicant if he had any questions? Mr. Aghamirzai said no. Chairperson Fischer asked if anyone in the audience wanted to speak regarding this item? Nobody came forward. Commissioner Trippler moved to adopt the resolution on pages 19 and 20 approving an amendment to University Auto's conditional use permit for used motor vehicle sales business at 1145 Highway 36 East. Approval is based on the findings required by the code and subject to (amendment to original conditions noted): All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed use 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 city council shall review this permit in one year. Planning Commission Minutes of 11-03-03 -4- The site shall be kept in neat and orderly condition. The applicant shall observe the striping pattern and not crowd the site by placing additional vehicles on the site beyond what can be parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There shall be no parking on the grass or landscaped areas. eo There shall be vehicle delivery or transport/trailer unloading along the street. This activity shall be kept on site. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such materials can be fully concealed within a screening enclosure. The design and placement of any such enclosure shall be subject to staff approval. The hours of operation of this motor vehicle sales business shall be 8 a.m. to 8 p.m. @ a.m. tc 7 p.m. Monday through Saturday. The used motor vehicle sales business shall be closed on Sunday. Commissioner Trippler moved'to adopt the resolution on pages 21 and 22 approving a conditional use permit for University Auto at 1145 Highway 36 East to operate a motor vehicle repair business. Approval is based on the findings required by the code and subject to: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed use 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. The city council shall review this permit in one year. The site shall be kept in neat and orderly condition. The applicant shall observe the striping pattern and not crowd the site by placing additional vehicles on the site beyond what can be parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There shall be no parking on the grass or landscaped areas. There shall be no vehicle delivery or transport/trailer unloading along the street. This activity shall be kept on site. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such materials can be fully concealed within a screening enclosure. The design and placement of any such enclosure shall be subject to staff approval. The hours of operation of this motor vehicle repair business shall be 8 a.m. to 8 p.m. Monday through Saturday. The motor vehicle repair business shall be closed on Sunday. Planning Commission Minutes of 11-03-03 -5- Commissioner Trippler moved approval of the site plan date-stamped September 29, 2003, for a motor vehicle repair business at 1145 Highway 36 East. Approval is subject to the applicant complying with the following conditions: ao Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a building permit, submit the following to staff for approval: 1) Revised building plans that meet the conditions specified in the October 27, 2003, building official memorandum. 2) Revised building plans that meet the conditions specified in the October 24, 2003, fire marshal memorandum. 3) Plans and Xcel Energy approval for the relocation or burying of the overhead power lines located on the north side of the property. 4) Trash dumpster enclosure plans for the outside trash containers if used (code requirement). This plan must show the placement and design of the enclosure. This plan must show the placement and design of the enclosure. Trash enclosures must have a 100 percent opaque closeable gate. Enclosures must be of a material that matches or is compatible with the building. 5) Relocating or burying the overhead power lines located on the north side of the property. c. Complete the following prior to issuance of a certificate of occupancy: 1) Repainting of the parking space stripes. 2) Construction of a trash dumpster enclosure for any outside trash containers if used. 3) Repair all portions of existing fence damaged by the construction of the addition. 4) Repair and paint all existing and new concrete block with Sherwin Williams Heavy duty Block Filler and A-100 Exterior Latex Flat Paint. Paint color to match existing concrete block and wood trim (beige). 5) Relocating or burying the overhead power lines located on the north side of the property. do All work shall follow the approved plans. The director of community development may approve minor changes. Commissioner Pearson seconded. Desai, Dierich, Fischer, Monahan-Junek, Mueller, Rossbach, Trippler Pearson, Planning Commission Minutes of 11-03-03 -6- The motion passed. This item goes to the city council on November 24, 2003. VII. UNFINISHED BUSINESS a. Proposed Mixed-Use Zoning Ordinance Mr. Roberts said the planning commission reviewed the draft mixed-use zoning ordinance at the October 13, 2003, planning commission meeting. During this review, the planning commission requested clarification or changes on the following items: 2. 3. 4. Live-work unit parking spaces. Setbacks to adjacent residentially zoned land. Parks and open space. Alley widths. Commissioner Rossbach asked if the city had a set limit of the number of stories a building could be in the City of Maplewood? Mr. Roberts said there is no limit of the number of stories in a commercial district in Maplewood. The planning commission members had discussions regarding making potential changes to the ordinance. Chairperson Fischer said the recommended changes to the mixed-use zoning ordinance are on pages 4, 6, 7, and 8 of the ordinance. On page 4, under type of use, strike ~ but leave bed and breakfast residence. On page 6, number 5., change the underlined word and ..":il! require to and may require. On page 7, under conditional use permits, strike number 6)~ ,..-.;* -~ .... ' ..... *-- On page 8, in the paragraph about zero setbacks, in footnote 5, strike the words :r-he- and change to A zero setback...............o"~";~"'~ ........."~' .... is allowed. Commissioner Trippler said he wanted to thank the staff for all their work on this Mixed-Use Zoning Ordinance especially the section on dry-cleaning, which he thought was very professional. Commissioner Rossbach moved to recommend approval of the Mixed-Use Zoning Ordinance with the proposed changes to the city council. Commissioner Monahan-Junek seconded. The motion passed. Ayes - Desai, Dierich, Fischer, Monahan-Junek, Mueller, Rossbach, Trippler Pearson, This item goes to the city council on November 24, 2003. VIII. VISITOR PRESENTATIONS None. Planning Commission Minutes of 11-03-03 -7- IX. COMMISSION PRESENTATIONS a. Mr. Trippler was the planning commission representative at the October 27, 2003, city council meeting. Items discussed included Gruber's, which passed ayes all, the Swimming Pool Fence Guidelines, with the requirement of fencing required around both above and below ground pools, which passed ayes all, the South Maplewood R-1 (R) Rezoning, which passed ayes all, and the Karth Road street right-of-way vacation, which passed ayes all. b. Ms. Fischer will be the planning commission representative at the November 10, 2003, city council meeting. The only planning commission item to be discussed is the Home Occupation License at 1828 Radatz Avenue. c. Ms. Monahan-Junek will be the planning commission representative at the November 24, 2003, city council meeting. Commissioner Pearson was to be the representative for the PC but he will be unable to attend so Ms. Monahan-Junek traded with Mr. Pearson. Items to be discussed include the Mixed-Use Zoning Ordinance, and the CUP for University Auto Sales at 1145 Hwy 36 East. X. STAFF PRESENTATIONS a. Note: Just a reminder that the December 1,2003, Planning Commission Meeting has been rescheduled to Tuesday, December 2, 2003. Redevelopment 101 Workshop Mr. Roberts said staff would be sending an invitation out for the Redevelopment 101 Workshop being held in the city council chambers at 6:30 p.m. on Tuesday, November 18, 2003. XI. ADJOURNMENT The meeting was adjourned at 7:56 p.m. TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: MEMORANDUM City Manager Ken Roberts, Associate Planner Home Occupation License Frances Snavely 1900 Steding Street North November 5, 2003 INTRODUCTION Project Description Ms. Frances Snavely is requesting a home occupation license to start and operate a hair salon in her house at 1900 Steding Street North. Please see applicant's home occupation questionnaire on pages 5 and 6 and the maps on pages 7 through 9. BACKGROUND On Apdl 6, 1978, the city council approved a permit for the previous property owners to operate a barbershop from the house on this property. On March 26, 1990, the city council revoked the permit for the barbershop since the persons to whom the city issued the permit had moved. (See the council minutes on page 10.) DISCUSSION Hair Salon Business The applicant's business would be cutting, styling, perming and colodng hair of individuals. Ms. Snavely would be using an 8.5-foot by 16-foot room on the first floor of her home as the hair salon. She also would be using a sink in the room for the hair salon. Ms. Snavely lives in the home and would be the only employee in the home occupation. The applicant states that she would receive customer visits between the hours of 9 a.m. and 5 p.m:, Monday through Fdday, and she expects up to 20 customers per week. Neighborhood Comments Of the 65 neighbors the city surveyed, we received 16 wdtten replies. Of those, five were for the request, one was against and ten had general comments about the proposal. The one neighbor against the proposal said that they felt that a home hair salon was not appropriate for the area and that if the city approved this permit it would only be the beginning (of having additional businesses in this area). Ms. Snavely told me that she expects an average of four customers per day. If the city approves the hair salon business, Me city's home occupation ordinance allows only residents of the home, plus one outside employee, to be employed within the business. In addition, the city council may place conditions on the business to ensure that surrounding residential properties are not negatively impacted. Other Comments Butch Gervais, the Maplewood Fire Marshal, stated "Provide a five-pound ABC dry chemical fire extinguisher." Lieutenant David Kvam of the Maplewood Police Department did not identify any public safety issues with this proposal. SUMMARY The city council has approved home occupation licenses for hair salons in the past. There are now three hair salon home occupations in operation in Maplewood - one on Minnehaha Avenue, another on Maryland Avenue and a recently-approved salon in the New Century development. Although many home occupation requests generate concerns from neighbors, our office has found hair salons to be a good fit in residential neighborhoods. In addition, we have not received complaints about them. RECOMMENDATION Approve the home occupation license for Ms. Frances Snavely of 1900 Steding Street North to have a hair salon in her home. This approval shall be subject to the following conditions: 1. Meeting all conditions of the city's home occupation ordinance. This includes that the area of the home occupation is limited in size to 20 percent of the floor area of the house. 2. Customer hours for this home occupation are limited from 9 a.m. to 6 p.m., Monday through Saturday. 3. There shall be no more than 20 customers visiting the home per week. 4. All customers or visitors to the business shall park on the driveway. 5. Provide a five-pound ABC dry chemical fire extinguisher in the room. CITIZEN COMMENTS I surveyed the owners of 65 properties within 500 feet of this site and received 16 wdtten replies. The wdtten replies were as follows: For 1. I approve the request and have no concerns. (Sauerwein - 2481 Holloway Avenue) 2. I approve of the salon in Ms. Snavely's home. (Peters - 2510 Holloway Avenue) 3. We are fine with Ms. Snavely's hair salon. (Reginek - 2520 Holloway Avenue) 4. We approve of Ms. Snavely having a hair salon in her home. We had a person with a salon in our neighborhood before and it worked out fine. (Franklin - 2498 Tierney Ave, N. St Paul) 5. I think this is a good idea. Hope you give her the license she needs to open the salon. Good luck to her. (Sauerbrey - 2511 Cowern Place, North Saint Paul) AGAINST 1. We do not feel a home hair salon is appropriate for our area. We feel this is, and should remain, a residential neighborhood. Granting a hair salon license would only be the beginning; a garage auto mechanic, another hair salon, etc. We are against any business operated from a private residence in our neighborhood. (Soice - 2464 Holloway Avenue) COMMENTS 1. Parking would be a concern - as customers are booked, there would more. than likely be more than one car parked there at a time. Parking is already limited on the street as it is, otherwise, no other major concerns. (Trost - 1886 Sterling Street) 2. As long as she meets all code (fire, parking, insurance, etc.), then it sounds OK to me. (Mottl - 2534 Cowem Place, N. St. Paul) 3. Good Luck! (Lanz- 2465 Holloway Avenue, N. St. Paul) 4. We have no objection to her request. (Omath - 2494 Holloway Avenue) 5. We have no objections to a hair salon at 1900 Sterling Street. (Mathisen - 2533 Holloway Avenue, N. St. Paul) 6. We have no objection to allowing Ms. Snavely to receive a home occupation license for a hair salon. (Zientara- 2472 Cowern Place, North St. Paul) 7. I do not oppose this request. (Mlynarczyk - 2481 Cowem Place, N. St. Paul) 8. I would see no problem in allowing this lady to earn some money in the convenience of her home. (Kuhlman -2487 Cowern Place, N. St..Paul) 9. No problem as proposed, thanks for requesting input. (Stuber- 2493 Cowern Place) 10. We have no objection to her proposal. (Buirge - 2476 Tiemey Avenue, N. St. Paul) SITE DESCRIPTION Existing Land Use: REFERENCE INFORMATION Single-Family Home SURROUNDING LAND USES Single-family homes PLANNING Existing Land Use Designation: Existing Zoning: Single Dwelling Residential R-2 (Single and Double Dwelling Residential) CRITERIA FOR APPROVAL Article II, Section 17-21 of the city's zoning code gives 12 requirements for approval of a home occupation license. I have attached a copy of this ordinance on pages 11-14. Application Date We received the complete applicatiOn for this home occupation license on October 21, 2003. State law requires that the city take action within 60 days of receiving complete applications for any land use proposal, unless the applicant agrees to a time extension. Therefore, city council action is required on this proposal by December 20, 2003. P/sec13-29/Snavely Attachments: 1. Home Occupation Questionnaire 2. Location Map 3. Property Line/Zoning Map 4. Area Map 5. March 26, 1990 City Council Minutes 6. Home Occupation Ordinance Attachment 1 HOME OCCUPATION QUESTIONNAIRE (Attach a separate page if additional space is needed) Describe your home occupation: o o o ° ° How many nonresident employees would work on-sit_.e?/j~~r~ HOW many nonresident employees would work off-site? NO/,O~_.. 14'ow often would off-site employees visit your home? n~J.u ~,~ ,~,~ ~, ~- What percentage of each level of your home's floor area, including the basement, would you use in conducting the home occupation? 1' ~,00m If the business would be in an accessory building, what percentage of that structure's floor area would be used? )"V' ~ Where on the premises would the home occupation be conducted? Describe any changes in the outside appearance of the building or property, other than one wall-mounted sign of not more than two square feet? What percentage of gross sales woul~come from the sale of a product(s) produced off- site? How many customer or employee vehicles would' be parked on the premises at any one Describe the type, payload capacity and number of each type of vehicle to be Used in the home occupation and where they would be parked. /V'/~ 10. What would be the average number of customers expected to visit the premises each week? ~ O The average'number of employee/subcontractor visits to the premises each week? C"",,~ What time of day and which days of the week would you expect these visits to occur? ¢_ _.~.__ 11. Describe any delivery vehicles that will make deliveries or ship products from the property~ I~lude the type, amount, hours and frequency of deliveries. 5 12. Describe the type of equipment, including ventilation systems, which would be used. Describe how you would keep the use?f/t,his equipment unnoticeable to your neighbors. 13. Describe the amount and type of any chemicals, gasoline, hazardous substances or similar material thb. t would be used. Also, describe where these materials will be stored. 14. Describe how you would dispose O~l~n~, hazardous materials. ~T~tT E 6 ¢- I?oo ~TE~L/~C ~ No~r~ Revised: 9/03 P~com_dvpRword~omeocc.app Attachment 2 =- ~: 0' ' .~. ~ ~! ~l 1700' 34-00' 5100' 6800 ,~ . ,~ ' SCALE (~. s~ P.) 3. M~W DR. ~ ~ NO~TH SA/N~~' ~ ~ ~ ~E ~D O i 4. k 1 440N - ' 8 ~ ~ ~2..Jl~ ~T~ ~L~ 1200N k~~o' ' LOCATION MAP 7 Attachment 3 NORTH SAINT PAUL 2(~o) I 4 (~) 1896_- TIERNE[Yz ~ ~) 1888 2556 \0 ~(~) (zo) '....,/MEADOW O KNOLL CIRC / ~ RIPLEY 5/6 .' Attachment 4 NORTH SAINT PAUL HOLLOWAY AVE z Z ~80 2510 1866 AREA MAP ~520 ~ d. Attachment 5 Conditional Use Permit Revocation, 1900 N. Sterling Street Resolution No. 90 - 3 - 41 WHEREAS, John Songas and Yoshiko Caturia initiated a conditional use permit to operate a barber shop at the following-described property: The N 111 feet ~f the W 130 feet of the NW 1/4 of the SE 1/4 of Sec. 13, Township 29, Range 22. This property is also known as 1900 N. Sterling Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as ~ollows: This conditional use permit was granted by the Maplewood City Council on April 6, 1978 and renewed by them on April 5, 1979, April 17, 1980 and April 22, 1985. me The Maplewood City Council held a public meeting on April 9, 1990. The present.owner of this property was notified at lea~t ten days prior to the meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the bove-described conditional use permit be terminated on the basis that ohn Songas and Yoshiko Caturia, the persons to whom the conditional use ermit was issued, .have moved and the current owners, Lyle C. and Frances Snavely, agree to the termination. 10 Attachment6 LICENSES § 17-21 license will be automatically suspended or revoked five (5) days after date .of hearing. (Ord. No. 324, § 8, 6-22-72) Sec. 17-5. S-me--Period of suspension. When a license is suspended under section 17-4 of this article, the period of suspension shall be not less than thirty (30) days nor more than one (1) year, such period being determined by the city council. ~ (Ord. 'No. 324, § 9, 6-22-72) Sec. 17-6. S2me--Mandatory revocation for certain Code violations. When any person, partnership, firm or corporation holding a license issued under this Code has been convicted for the second time by a court of competent jurisdiction for violation of any of the provisions of this Code relating to the subject matter of such license, the city council shall revoke the license of the person, partnership, firm or corporation so convicted. Such person, part- nership, firm or corporation may not make application for a new license for a period of one (1) year. (Ord. No. 324, § 10, 6-22-72) Secs. 17-7--17-20. Reserved. ARTICLE H. HOME OCCUPATIONS* Sec. 17-21. License requirements. (a) Home occupations shall require a license approved by the city council if any of the following circumstances would occur more than thirty (30) days each year: (1) Employment' of a nonresident in the home occupation. *Editor's note-Section 8 of Ord. No. 627, adopted June 27, 1988, amended Art. II in its entirely to read as set out herein. Formerly, Art. II comprised §§ 17-21m17-25, pert '.a~uing to licenses for home occupations and deriving from Ord. No. 521, § 1, adopted Aug. 23, 1982. Cross reference--Fee for home occupation 'permit, § 36-26. Supp. No. 11 1045 11 § 17-21 MAPLEWOOD CODE (2) Customers or customers' vehicles on the premises. (3) Manufacture, assembly or processing of products or mate- rials on the premises. (4) More than one vehicle associated with the home occupation which is classified as a light commercial vehicle.' (5) A vehicle(s) used in the home occupation, and parked on the premises, which exceeds a three-quarter-ton payload capacity. . .. (6) If the home occupation produces any waste that should be treated or regulated. (b) Home occupations requiring a license shall be subject to, but not limited to, the' following requirements: (1) No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not exceed more than three (3) off-street park/ng spaces for home 'Occupation at any given time, in addition to the parldng spaces required by the residents. (2) N~' more than one (1) nonresident employee shall be allowed to work on the premises. Nonresident employees who work off-premises may be allowed to visit the prem- ises. If an on-site employee is parking on-site, off-site employees shall not leave their vehicles on-site. If there is no on-site employee vehicle parked on-site, one (1) off-site employee vehicle may be parked on-site. (3) No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewa]-ks or public easements. Private vehicles used by the residents shall not be included in this requirement. (4) An area equivalent to no more than twenty (20) percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. (5) There shall be no change visible off-premises in the outside appearance of the building or premises/hat would indicate the conduct of a home occupation, other than one (1) sign meeting the requirements of the city sign code. Supp. No. 11 1046 LICENSES § 17-22 (6) No more than twenty (20) percent of business income shall come from the sale of products produced off-site un]ess approved by the city council. (7) No equipment or process'shall be used in such home occupation which creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detect- able to the normal senses offthe lot. In the case of electrical interference., no equipment or proces~s shall be used which creates visual or audible interference in an-y radio or television receivers off the premises, or ~auses fluctuations in line voltage off the premises. (8) There shall be no fire, safety or heal{h hazards. (9)' A home occupation shall not include the repair of internal combustion engines, body repair shops, spray p~inting, machine shops, welding, ~mmunition manufacturing or sales, the sale or manufacture of firearms or knives or ' other objectionable uses as determined by the city. Ma- chine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts .of current. (10) Any noncompliance with these requirem'ents shall consti- tute grounds for the denial or revocation of the home occupation license. (11) The city may waive any of these requirements if the home occupation is located at least three hundred fifty (350) feet from a residential lot line. (12) The city council may add any additional requirements that it deems necessary to insure that the operation of the home occupation will be compatible with nearby land uses. (Ord. No. 627, § 8, 6-27-88; Ord. No. 729, § 1, 11-14-94) Sec. 17-22. Original license approval procedure. An application for home occupation shall be filed with the director of community development. Upon receipt of a complete application, the director of community development shall prepare a recommendation to the planning commission. The planning commission's recommendation shall be forwarded to the city Supp. No. 11 1047 § 17-22 MAPLEWOOD CODE council for a public hearing. The city council shall hold a public hearing on the request. Notice of the hearing shall be mailed to the owners of all properties located within three hundred fifty (350) feet of the home occupation at least ten (10) days prior to the date of the hearing. The notice shall also be published in the official newspaper at least ten (10) days prior to the date of hearing. (Ord. No. 627, § 8, 6-27-88) Sec. 17-23. Renewal. . Each license holder shall apply to the city clerk each January' for renewal. Prior to issuance of a license renewal, the cityshall determine that all licensing conditions and city ordinances are being met. The city clerk shall revoke the license where compli- ance with the licensing conditions or city ordinances cannot be obtained or where the home occupation has been discontinued. Revocation may occur at any time that compliance with license conditions or city ordinance cannot be obtained. (Ord. No. 627; § 8, 6-27-88) Sec. 17-24. Appeal. The owner or his assign of a home occupation whose license has been revoked by the city clerk may appeal the decision to the city council. To request an appeal, a written letter or request must be submitted to the city clerk within thirty (30) days of the license revocation. The city council may revoke, - approve or add addi- tional conditions to the license. The city council shall hold a public hearing, using the notification procedures in section 17-22, before deciding on the appeal. (Ord. No. 627, § 8, 6-27-88) Sec. 17-25. Transfer of license. No license granted for a home occupation shall be transferable from person to person or place to place. (Ord. No. 627, § 8, 6-27-88) Supp. No. ll 1048 [The.next page, i~ 1057] 14 TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Chuck Ahl, City Engineer/Director of Public Works Sketch Plan Review - Proposed Lot Subdivision for Gulden's Restaurant/Venburg Tire Relocation November 10, 2003 INTRODUCTION Project Description Sketch plans have been developed for a proposed lot subdivision of the existing Gulden's Restaurant property located at 2999 Highway 61. This property is on the west side of Trunk Highway 61 (TH 61) between Beam Avenue and County Road D. The lot subdivision includes the construction of a new automotive repair and tire store for Venburg Tire on the northern portion of the existing Gulden's property. The relocation of Venburg Tire to this site from the east side of TH 61 is proposed as a part of the City's realignment and extension of County Road D east of TH 61. The County Road D project, as approved by the city, requires the acquisition of some or all of the existing Venburg Tire property. The proposed lot subdivision and new Venburg facility would require City approval of a lot Split, a conditional use permit, and setback variances. The city has zoned the Gulden's Restaurant site M-1 (Light Manufacturing). Staff is requesting that the Planning Commission review and comment on the proposed lot subdivision plan at this time. City staff and representatives of Gulden's Restaurant and Venburg Tire would like to have input on the proposed concept plan before we proceed with the development of more detailed plans. BACKGROUND/DISCUSSION City staff and consultants are developing detailed construction plans for the reconstruction and realignment of County Road D between TH 61 and Hazelwood Street (City Project 02-07).. The County Road D project requires the acquisition of some or all of the existing Venburg Tire property on the east side of TH 61. The current plan for County Road D includes the acquisition of the entire Venburg Tire parcel. City staff has had numerous discussions with representatives of Venburg Tire to determine alternatives to allow for the acquisition of the necessary property and to allow Venburg Tire to continue to operate in their business in Maplewood. Venburg Tire has expressed an interest in moving their business to the west side of TH 61 to the north part of the Gulden's Restaurant site. The existing Gulden's Restaurant site is approximately 4.31 acres in size. As proposed, Gulden's would subdivide their lot to create a 1.71-acre parcel on the north sideof the property for Venburg Tire. Gulden's Restaurant would continue to operate on a 2.50-acre parcel on the south side of the property. The City is proposing to acquire a 0.10-acre portion of the property for the construction of County Road D. It is also planned that a 0.25 acre portion of the Kami property north of Gulden's will be acquired by Gulden's/Venburg. Some City improvements are proposed to accommodate a new Venburg Tire facility on the Gulden's site. The City will be constructing County Road D west of TH 61 along the northern portion of the Gulden's property (City Project 02-08). The County Road D project is proposed to include the construction of a frontage road along the west side of TH 61 to accomplish the following: · Provide access to Gulden's Restaurant, the proposed Venburg Tire site, and the adjacent vacant LaMettry property from the new County Road D alignment. · Allow for the closure of an existing Gulden's ddveway access to TH 61 south of the proposed County Road D intersection. · Provide a continuation of the existing frontage road on the LaMettry property south of the Gulden's site. The frontage road would be constructed as a part of the County Road D improvements, but would be owned and maintained by the property owners. Cross easements would need to be executed among the property owners to allow joint usage of the frontage road. The cross easements would be required as a part of the approval of the lot subdivision plan. The City will be constructing storm drainage facilities for the project area as a part of the public improvements. These storm drainage facilities will accommodate the stormwater storage and treatment requirements for the Gulden'sNenburg site. No stormwater ponding is proposed as a part of the Gulden'sNenburg site plan. The timing of the proposed City improvements for County Road D would allow Venburg Tire to continue to operate along the east side of TH 61 through June/July 2004. Venburg's goal is to be moved into their new facilities on the west side of TH 61 before they need to end their operations in their existing facility on the east side of TH 61. The following City approvals will be required for the proposed plan for the relocation of Venburg Tire to the Gulden's Restaurant site: · Lot Subdivision Plan · Conditional Use Permit · Setback Variances A setback vadance will be required to address the requirement for a 350-foot setback for automotive related uses from residential property. The proposed plan meets the 350-foot setback requirement from existing developed residential property along Duluth Street. The plan does not meet the 350-foot setback requirement from the undeveloped residential zoned LaMettry property immediately west of the Gulden's property. In addition, parking lot setback variances also will be required along the north and east sides of the proposed Venburg site as now proposed. Parking requirements for the Gulden's and Venburg sites also will need to be addressed as a part of the proposed lot subdivision. Based upon existing development, the Gulden's site requires approximately 110 parking spaces. The proposed Venburg development will require 29 parking spaces. The proposed plan includes parking to address both of these requirements. Drawings are attached detailing the proposed lot subdivision plan. Exhibit 1 illustrates the overall project area. Exhibit 2 illustrates a preliminary site plan. Exhibit 3 illustrates a preliminary grading plan. RECOMMENDATION The Planning Commission should review and comment on the proposed sketch plans for the relocation of Venburg Tire. Staff wants input from the Planning Commission and City Council before proceeding with the development of more detailed plans for the relocation of Venburg Tire to the Gulden's property. P: Sec 4/venburg 2003.doc Attachments: 1. Exhibit 1 - Project Area Map 2. Exhibit 2 - Preliminary Site Plan 3. Exhibit 3 - Preliminary Grading Plan .,I ~DHP ~HP 0 C (~ 0 -- E]HP-