Loading...
HomeMy WebLinkAbout02/03/2003MAPLEWOOD PLANNING COMMISSION Monday, February 3, 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. January 22~ 2003 5. Public Headng None 6. New Business a. Ohlson Landscaping (1949 Atlantic Street) (north of Frost Avenue) 1. Conditional Use Permit (Metal Building) 2. Conditional Use Permit (Outdoor Storage) 7. Unfinished Business None 8. Visitor Presentations 10. 9. Commission Presentations a. January 27 Council Meeting: Mr. Rossbach b. February 10 Council Meeting: Ms. Fischer c. February 24 Council Meeting: Mr. Pearson Staff Presentations a. Reschedule February 17 Meeting (President's Day) - Wednesday, February 197 11. Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. The commission will then discuss th'e proposal. No further public comments are allowed. The Commission will then make its recommendation or decision. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. jw/pc\pcagd Revised: 01/95 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, JANUARY 22, 2003 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Commissioner Tushar Desai Present Commissioner Mary Dierich Present Commissioner Lorraine Fischer Present Commissioner Matt Ledvina Absent Commissioner Jackie Monahan-Junek Absent Commissioner Paul Mueller Present Commissioner Gary Pearson Present Commissioner William Rossbach Present Commissioner Dale Trippler Present Staff Present: Chris Cavett, Assistant City Engineer Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda. Commissioner Desai seconded. Ayes- Desai, Dierich, Fischer, Mueller, Pearson, Rossbach, Trippler The motion passed. IV. APPROVAL OF MINUTES Approval of the planning commission minutes for January 6, 2003. Chairperson Fischer had a correction at the top of page 2 Nays should be changed to Abstentions. Commissioner Trippler moved to approve the planning commission minutes for January 6, 2003 with the changes. Commissioner Dierich seconded. Ayes- Desai, Dierich, Fischer, Mueller, Pearson, Rossbach, Trippler The motion passed. -r Planning Commission Minutes of 01-22-03 -2- V. PUBLIC HEARING a. Highwood Farm (Town houses) - Highwood Avenue Mr. Roberts said Mr. Charles Cox is proposing to build 18 town houses (in three six-unit buildings) in a development called Highwood Farm. It would be on a 3.71-acre site on the south side of Highwood Avenue, east of Dennis Street. A homeowners association would own and maintain the common areas. To build this project, Mr. Cox is requesting that the city approve: 1. A change to the comprehensive plan. This would be from R-1 (single dwellings) to R-3(M) (medium density residential) for the site. 2. A conditional use permit (CUP) for a planned unit development (PUD): This PUD will give the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right-of-way and pavement widths) than the standard city requirements would normally allow. Specifically, this PUD will allow the town houses and a driveway to have a smaller setback to the side property lines than code usually allows and to have the town houses on a private driveway. 3. A preliminary plat to create the 19 lots in the development (18 lots for the town houses and one lot for the common area). Mr. Roberts said the applicant has not yet applied for design approval for this project. If the city approves the requests, then the applicant will apply to the city for final plat approval and design approval (including architectural and landscape plans). The 18 units on the 3.71-acre site means there would be 4.86 units per gross acre which is consistent with the density standards set in the Maplewood Comprehensive Plan for medium- density residential development (of up to six units per gross acre). In addition, the proposed development density would be consistent with the density standards recommended by the Metropolitan Council for housing in first-ring suburbs. For a comparison, the comprehensive plan allows developments with single dwellings to have up to 4.1 units per gross acre. As such, on a 3.71-acre site, there could be up to 15 single-family homes. The applicant has applied for a conditional use permit (CUP) for a planned unit development (PUD) for the 18-unit housing development. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details than the standard city requirements would normally allow. In this case, the developer is requesting the CUP for the PUD because the proposed side yard setbacks for the buildings and for the driveway do not meet the usual city setback standards. Mr. Roberts said specifically, the driveway on the east side of the site would be 12 feet from the side property line (instead of the usual 20 feet) and the town houses would be 47 feet from the west property line (instead of the usual 50 feet). Planning Commission Minutes of 01-22-03 -3- Mr. Roberts said the proposed setback deviations would not constitute a threat to the property values, safety, health or general welfare of the owners or occupants of nearby land and are required for reasonable and practicable physical development and are not required solely for financial reasons. However, in consideration for the PUD, the city should require the developer to record a conservation easement over the undisturbed area and to construct the development with a high level of architectural design and landscaping elements, including the size and quantities of materials. Mr. Roberts said Mr. Cox has designed this development as a common interest community (CIC) with three proposed buildings platted as one lot each. The buildings will then be divided into separate units, with the prospective buyers owning from wall to wall, as opposed to owning the land that a town house sits on and a small portion of the land surrounding it. If approved, the developer will be forming a homeowners association with documents (declarations) specifying the legal responsibility of the association and homeowners for maintenance of the units and common grounds. Mr. Roberts said data from the Institute of Traffic Engineers (ITE) says thatl on average, a town house will generate seven vehicle trips per day and that a single dwelling will generate about ten vehicle.trips per day. As such, 18 town houses would create about 126 vehicle trips from the site while 10 single dwellings would create about 100 vehicle trips from the site. Mr. Roberts said Lieutenant Banick of the Maplewood Police Department provided staff with comments about this proposal and the first proposal that had 10 lots for the site. The main concern expressed by Lt. Banick With the development of this site is the increase in calls for service in the south end of the city. As south Maplewood has grown and developed, there has been an increase in the calls to the police department from the part of the city. He also noted "every development throughout the city has a tendency to increase police calls for service." Lt. Banick also stated that last summer the police department received several traffic and speeding complaints from residents on Highwood Avenue. As such, he asked what the impact would be on current residents with the increasing traffic? Because of these concerns, he recommends that the city limit the growth in this area by restricting this development to ten residential units. Commissioner Pearson asked staff if there was a maximum traffic count for that area? Mr. Cavett, Assistant City Engineer, said as an example, the 2001 traffic counts were 2,450 vehicles per day on Highwood Avenue and 2,600 vehicles per day on Century Avenue. A traffic comparison in that area for McKnight Road totaled 4,900 vehicles per day between Highwood Avenue and Linwood Avenue. Commissioner Dierich asked staff why this road would not be a public road? Mr. Cavett said this is a private road because it doesn't meet the right of way requirements that are necessary on a public road. The homeowners association will be maintaining the driveways and sidewalks. It would also require a cul-de-sac rather than the hammerhead turnaround, requiring more grading and tree removal. Planning Commission Minutes of 01-22-03 -4- Commissioner Pearson asked staff if the project went forward with 20 foot roadways and there was no parking on the road and it is a private driveway, does the police department have the authority to ticket or tow for parking violations or is that up to the homeowners association to police? Mr. Roberts said the police department cannot tow vehicles from private property. As far as ticketing authority for the police department he is not sure. He believes the Fire Marshal has the authority to ticket vehicles because of the 20 foot width standard for life safety. Commissioner Desai asked if staff could clarify where there would be additional parking on the site? Mr. Roberts displayed the map to show where additional parking would be allowed on the site. Commissioner Mueller asked how many stories these townhomes would have? Mr. Roberts said he believes they would be two story townhomes that are 25 feet by 50 feet with underground parking. Commissioner Dierich asked if the city made this a public drive would it meet the city's criteria and if not what would it need to meet the requirements besides a turn around? Mr. Cavett said it would need a minimum 24-foot width, a right of way of 50 feet, a minimum 90- foot wide cul-de-sac and the setbacks would change for the buildings. Commissioner Mueller asked how much the townhomes would sell for? Mr. Roberts said they would sell for between $300,000 to $350,000. Commissioner Mueller said he thought the city was concerned about affordable housing and in his opinion this is an expensive home. The applicant, Mr. Charles Cox, 1111 McKnight Road South, Maplewood, addressed the commission. He said at this time he has no concerns about the staff conditions and has no questions for the commission. Commissioner Mueller asked Mr. Cox how many stories the townhomes would have? Mr. Cox said the townhomes would be two stories and the middle unit would have the ability to have a loft. He said they will have three bedrooms and the price will be around $300,000. Commissioner Dierich commented the applicant had done a good job of listening to what the neighbors and the city had to say regarding this proposal. She feels Mr. Cox tried to do something that was more sensitive to the land compared to the last proposal. Commissioner Trippler asked Mr. Cox to elaborate on the property to the south of thr development? Are there any plans to have a walkway or recreational area on the property? Planning Commission Minutes of 01-22-03 -5- Mr. Cox said there are no plans for the property to the south at this time. He said they have looked at several different options for the land and have also looked at gifting the land to the community. They will take the Walkway or recreational area ideas into consideration. They are still in the design stage and have quite a ways to go until they get to that point. commissioner Trippler said because of the noise potential from Highway 494 has he thought about noise barriers on the south property to help mitigate the noise? Mr. Cox said staff recommended a noise study. If it's determined that the noise exceeds the noise standards they will take staff's recommendation into consideration. Commissioner Desai said he has a concern about additional parking. For a townhome costing $300,000 he expects more than two spaces for parking. Visitors will be coming to these people's homes and he perceives a problem with the neighbors regarding the parking. Mr. David Myers of CEC Development, addressed the commission. Mr. Myers said there are two parking spots plus a guest parking spot for each townhome with the proposed underground parking. Commissioner Rossbach said he is pleased that the commission is looking at cluster housing. He does have a concern that when ever the city is looking at a PUD, the density goes up. He does not think that is part of a PUD that was put into the ordinance. His thought is this proposal ended up with :18 units. This was a piece of property that supported 15 units with the current R-1 land use designation. When the city started 'out with a proposed plan that had 10 houses and the suggestion was to save more of this land he did not think this proposal would come close to almost doubling the amount of homes on this property. He wonders Why this proposal is going from 10 single-family homes to 18 townhomes. The density does not need to be changed because the Met Council has already approved the city's comprehensive plan. He thinks the PUD should be required, leave it zoned as R-1 and have 15 townhome units. Mr. Myers said in the city's current R-1 plan it allows them to put in 16.1 homes on this property based on the number of square feet. But because of the way it was set-up before they couldn't put 16 homes on the property comfortably. The reason they put the underground parking in was because it gave them additional credit towards the amount of units they could put on the land. Commissioner Rossbach said the credits don't mean anything in a PUD because they don't apply this is what a PUD does. Mr. Myers said the original R-1 would have allowed them to put 16.1 homes on the property. Commissioner Rossbach asked staff if that number was correct because that wasn't the number in the staff report. Mr. Roberts said he was not clear where Mr. Myers came up with those numbers. Mr. Myers said when he read the Maplewood Zoning Ordinance it said there are 43,520 square feet in an acre. Multiply that number by 3.71 and divide it by 10,000 square feet that equals 16.1 houses. He said it was all explained in the letter he wrote on page 18 of the staff report, Planning Commission Minutes of 01-22-03 -6- Mr. Roberts said he thinks the confusion is from looking at the density standards in the comprehensive plan verses minimal lot standards that are in the zoning code. Those numbers don't necessary line up with each other. The density standards are set by the comprehensive plan and that is where it says up to 6 units per gross acre is medium density. The 10,000 square foot minimum that Mr. Myers is referring to is the minimum lot size in the R-1 zoning standard. That density standard works in theory but doesn't account for any public right of way or streets that would be necessary to serve as access. Commissioner Dierich said she agrees with Mr. Rossbach and in fact if the Met Council said the maximum is 3 homes per acre she would feel more comfortable with their decision. She let staff know that she could live with 12 homes but would be more comfortable with 10 homes even though she thinks this is a much stronger plan. Chairperson Fischer said she believes the Met Council's decision was a minimum of 3 homes per acre rather than a maximum of 3 homes per acre. Commissioner Dierich said she thinks this is a far stronger development if the applicant pulled the middle unit out so the trees would be conserved, slide the two units sideways 90 degrees, then you would meet the setbacks and you would have a nice buffer between the two units. She is concerned about the narrowness between the private driveway and the neighbors yard as well the 12-foot strip of land. The normal setback is 20 feet and this seems unfair to have a setback of 12 feet. If the city was able to reconfigure the plan on page 14 item 8 b. of the staff report and it was approved by the city council, she would vote for the Iow density. She would recommend deleting the last part of that line that says "unless approved by the city council". Commissioner Rossbach said every time the city is reviewing a PUD the density is exceeded. He said it is not just this development it is every time a PUD is being reviewed. He said the applicant could have put 15 units in but instead he chose to put in 18 units. He said he does not want to change the rules just work within the rules. Commissioner Trippler said he is not quite sure how someone would pay $300,000 for a 25 foot by 50-foot townhome. Mr. Cox said he wants to remind planning commission members not to make a decision based on the price of these townhomes or to base their decision on the profit that the developer will make on this project. Commissioner Rossbach moved to deny the resolution on page 30 of the staff report. This resolution changes the land use plan for the Highwood Farm plat on the south side of Highwood Avenue, east of Dennis Street. This change is from R-1 (single dwellings) to R-3 (M) (medium- density residential.) (Changes are in bold and deletions are bolded and have a strike through them.) The city is making this change because: It would be consistent with the goals and objectives of the comprehensive plan. These include having similar uses fronting on the same street, having a grading plan that preserves many significant natural features and uses a planned unit development to allo~ for creative design solutions. Planning Commission Minutes of 01-22-03 -7- 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 the existing telecommunications Site. b. Being on a collector street and it is near an arterial street. Commissioner Dierich seconded. Ayes- Desai, Dierich, Pearson, Rossbach, Trippler Nays- Fischer, Mueller Commissioner Rossbach moved to approve the resolution on page 31 of the staff report. This resolution approves a conditional use permit for a planned unit development for the Highwood Farm development on the south side of Highwood Avenue, east of Dennis Street. 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) Limit the number of units on the property to 15. {-1-)- (2) The developer minimizing the loss or removal of natural vegetation. (3) All driveways at least 20 feet wide. If the developer wants to have parking on one side of the main drive (Ferndale Street), then it must be at least 28 feet wide. (4) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. Revise the plans to reduce the number of spaces between the buildings from three to two to allow more space between the parking area and the edge of the building. Also, revise the parking spaces and the turn- around area at the south end of the site to maximize the number of trees to be saved and to maximize the number of spaces while minimizing the amount of hard surface area. (4)- (5) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards; 2. 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. Planning Commission Minutes of 01-22-03 -8- 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 January 14, 2003. These shall include: a. Include grading, utility, drainage, erosion control, streets, trails, tree, driveway and parking lot plans. Show no grading or ground disturbance in the conservation easement. This land is to be preserved for open space purposes. The developer and contractors shall protect this area, including the large trees that are in and near the south side of the site, from encroachment from equipment, grading or filling. c. Include a storm water management plan for the proposal. The design of all ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off-site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b. *Place temporary orange safety fencing and signs at the grading limits. Provide the city with verification that the town houses on the proposed site plan will meet the state's noise standards. This shall be with a study, testing or other documentation. If the noise on this site is a factor, then the contractor will have to build the town houses so that they can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound- deadening construction methods. 6. The approved setbacks for the principal structures in the Highwood Farm PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum - 35 feet. b. Rear- yard setback: 30 feet from any adjacent residential property line. c. Side-yard setback (town houses): minimum -20 feet from a property line and 20 feet minimum between buildings. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. Submit the homeowner's association documents to city staff for review and approval. Planning Commission Minutes of 01-22-03 -9- The developer shall provide a permanent means to preserve and maintain the common open space. This may be done by conservation easement, deed restrictions, covenants or public dedication. The developer shall record this document with the final plat and before the city issues a permit for grading or utility construction. 10. The city council shall review this permit in one year. 11. This approval does not include the design approval for the townhomes. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for No Parking on one side. c. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 12. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots in the preliminary plat before the city will issue a building permit. Commissioner Rossbach moved to approve the Highwood Farms preliminary plat (received by the city on December 26, 2002). The developer shall complete the following before the city council approves the final plat: (Changes are in bold and deletions are bolded and have a strike through them.) 1. Sign an agreement with the city that guarantees that the developer or contractor will: 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. Have Xcel Energy install Group V rate streetlights in two locations - primarily at the street intersection and near the south end of the driveway. The exact style and location shall be subject to the city engineer's approval. Pay the city for the cost of traffic-control, street identification and no parking signs. Planning Commission -10- Minutes of 01-22-03 e. Provide all required and necessary easements, including any off-site easements. f. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; remove septic systems or drainfields, subject to Minnesota rules and guidelines. Complete the curb and gutter on Highwood Avenue on the north side of the site. This is to replace the existing driveways on Highwood Avenue and shall include the restoration and sodding of the boulevards. i. Install a sign where the new driveway intersects Highwood Avenue indicating that it is a private driveway. Install survey monuments and signs along the edges of the conservation easement area. These signs shall explain that the area beyond the signs is a conservation easement area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. Have the city engineer approve final construction and engineering plans. The applicant shall have these plans revised to follow the comments of the city engineer and shall include the grading, utility, drainage, erosion control, tree and street plans. The plans shall meet the following conditions: ao The erosion control plans shall be consistent with the city code, The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. One slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with-a no- maintenance vegetation and be stabilized before the city approves the fina~ plat. Planning Commission Minutes of 01-22-03 -11- (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements form the affected property owner(s). (9) As little grading as possible west and south of the town houses. This is to keep as many of the existing trees on the site as is reasonably possible. c. The street, driveway and utility plans shall show: (1) The driveway shall be a nine-ton design with a maximum grade of eight percent and the maximum grade within 75 feet of the intersection at two percent. (2) The street (driveway) with continuous concrete curb and gutter, except where the city engineer determines that curbing is not necessary for drainage purposes. (3) The removal of the unused driveways and the completion of the curb and gutter on the south side of Highwood Avenue and the restoration and sodding of the boulevards. (4) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. The drainage plan shall ensure that there is no increase in the rate of storm water runoff leaving the site above the current (predevelopment) levels. The developer's · engineer shall: (1) Verify inlet and pipe capacities. (2)Submit drainage design calculations. Planning Commission Minutes of 01-22-03 -12- e. *The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at lest two and one half (2 1,,~) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, conservation easement, or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new news together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c) along the west side of the site to screen the proposed buildings from the homes to the west (7)Show the planting of at least 37 trees after the site grading is done. 3. Change the plat as follows: a. Redesign the plat to 15 units. ~ b. Add drainage and utility easements as required by the city engineer. 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. ~ d. Label the common areas as an outlot or as outlots. d:. e. If allowed, show the conservation easement on the final plat. f. Showing the building pads and the common area as a Common Interest Community (CIC). 4. Pay for costs related to the engineering department's review of the construction plans. Secure and provide all required easements for the development including any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. Planning Commission Minutes of 01-22-03 -13- o 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. Sign a developer's 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. Provide for the repair of Highwood Avenue (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the private driveway. 8. Record the following with the final plat: a. All homeowner's association documents. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites. ~ c. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Highwood Avenue. d. The conservation easement for the undisturbed area of the site. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. e *Submit 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 common areas, outlots, private utilities, driveways, retaining walls and structures. 10. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 11. 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. 12. 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. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Four open bins for excess landscape material are proposed on the north side of the lot, and two outdoor enclosed storage bins are proposed on the west side of the lot. In addition, to this extedor storage, several landscape vehicles and equipment are proposed to be stored outdoors. The storage of the landscape matedal and outdoor bins require a CUP for exterior storage. Possible Redevelopment The building and use of the land is compatible to existing buildings and uses in the area. As an example, George's Auto Body at 1225 Frost Avenue was approved for a 1,600-square-foot, 25-foot tall, metal building by the city council in 1988. While a metal building may have been appropriate for the area in 1988, it may not be appropriate today. After the COnstruction of the city's first roundabout on the intersection of Frost Avenue and Engli.sh Street last fall, the city is now considering redevelopment options for the area. While there is no formal plan for redevelopment, the city should be sensitive to the possible future land uses in the area while reviewing this proposal, which may include multi-family housing and architecturally supedor office and retail space. In addition, because there is no formal plan in place for redevelopment, the city is also bound by the current zoning regulations which allow a metal building within the Business Commercial zoning distdct with a CUP. To balance the possible redevelopment with the existing code, staff recommends two changes to the proposal. First, no extedor storage should be allowed on the site. Extedor storage would not be compatible to future multi-family housing and the existing single-family housing located to the north of the property, on the other side of the Gateway Trail. In addition, exterior storage adjacent the · Gateway Trail woUld be an unsightly proposition. If the applicant requires storage bins for landscape material, these bins could be stored in the metal building, or a separate structure could be designed to store this material. Second, some architectural design should be added to the building. Staff recommends a bdck or stone wainscot be added to at least the north, east, and south sides of the building, and that four false dormers be added to the roof (similar to dormers recently added to the Keller Golf Course maintenance building). In addition, earth-tone colors should be used in the metal panels and roof. Landscaping/Lighting The landscape plan includes 18 arborvitaes for the southeast comer of the lot. The COde requires that only 20 percent of a metal building be visible from the read and adjacent residential property. In addition, Suzann Willhite, Area Trails and Waterways Supervisor, states in her letter on page 22 that the Department of Natural Resources has concerns which include the visual quality of the site from the Gateway Trail. Ms. Willhite recommends native vegetation along the shared property line of the site and the Gateway Trail to help mitigate the visual impact of a metal building. Also, Chds Cavett, Assistant CitY Engineer, recommends in his memorandum on pages 23 and 24 the addition of rainwater gardens and a turf-establishment plan. For these reasons, additional landscaping will be required to include more substantial evergreen screening on the southeast side of the lot, native trees and shrubs on the north side of the lot adjacent the Gateway Trail, rainwater gardens with water tolerant plants, and a turf establishment plan for the remainder of the green space. Ohlson Landscaping 2 January 28, 2003 An extedor lighting plan was not submitted with this preposal. City code requires all commereial developments to submit a photometric lighting plan to ensure that illumination frem exterior lights does not exceed .4-foot candles at all property lines and that any light pole does not exceed 25 feet in height. Lieutenant Banick states in his memorandum on page 25 that preper lighting and an alarm system would be advantageous in decreasing the opportunity for criminal activity on the site. Therefore, proper lighting that adds. secudty while not causing negative impacts to the adjacent residential properties will be important. Other Comments Police: In addition to the above-mentioned comments, Lieutenant Banick suggests limiting the hours of operation to ensure no noise complaints from adjacent residential properties. This concern was also expressed by an adjacent residential property owner, as outlined in the citizen comments on page 6. Staff concurs with these concerns and recommends that there be no noise-making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., MondaY through Saturday, or all day Sunday as required by code. Building Department: Dave Fisher, Building Official, states in his memorandum on page 26 that a metal building of this size must be fully spfinklered. This information was shared with the applicants, who are willing to install a sprinkler system. Fire Department: Butch Gervais, Fire Marshal, states in his memorandum on page 27 that a metal building of this size must have fire protection. Again, the applicants are aware of this requirement and are willing to install a fire alarm. RECOMMENDATIONS Deny Erik Ohlson's and Stephanie Jacques' request for a conditional use permit for exterior storage at 1949 Atlantic Street. The city is denying this request because: Exterior storage will negatively impact the adjacent recreational trail (Gateway Trail) and residential properties. Exterior storage is not compatible to the proposed redevelopment opportunities currently being studied by the city council for the surrounding properties. Approve the attached resolution on pages 28 and 29. This resolution approves a conditional use permit for Erik Ohlson and Stephanie Jacques to construct a 6,800-square-foot metal building within the Business Commercial zoning district at 1949 Atlantic Street for a landscaping business. The city council bases the permit on the findings required by code, and the conditional use permit is subject to the following conditions: No extedor storage is allowed, including equipment and supplies associated with the business. There shall be no noise-making business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by code. Ohlson Landscaping 3 January 28, 2003 c. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. d. The conditional use permit shall be reviewed by the city council in one year. Approve the plans date-stamped December 31, 2003, for a 6,800-square-foot metal building for the Ohlson Landscaping, Inc. business located at 1949 Atlantic Street. Approval is based on the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Provide the following for city staff approval before the city issues a grading or building permit: 1) A detailed grading, drainage and erosion control plan, subject to the city engineer's approval. 2) Revised elevations showing the following: a) Brick or stone wainscoting on the north, east and west elevations. b) c) Four dormers on the roof facing Atlantic Street. The metal panels and standing seam roof must be constructed of natural colors. 3) Building samples of metal panels, standing seam roof, trim, doors, and wainscot. 4) A revised landscape plan that shows the following: a) Additional evergreen trees for screening of the building from Atlantic Street to be located on the southeast side of the lot. b) Native plantings along the north side of the property, adjacent the Gateway Trail. c) d) Turf establishment plan. Landscaping within any proposed rainwater garden. If the basin area will only be seeded, the area must be vegetated with native grasses and forbes. The mix design must be preapproved by the city in advance of seeding. e) The size and species of all plantings. Underground irrigation for all landscaped areas, excluding rainwater gardens. Ohlson Landscaping 4 January 28, 2003 Co 5) A detailed photometric plan for all proposed outdoor lighting, subject to staff approval. 6) Plans for a trash-dumpster enclosure. The gates shall be 100 percent opaque and the materials and colors of the enclosure shall be compatible with those of the new metal building. This plan shall be sUbject to staff approval. 7) A letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. Complete the following before occupying the metal building: 1 ) Install all required exterior improvements. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required extedor improvements. The owner or contractor shall complete any unfinished extedor improvements by June I if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spdng or summer. All work shall follow the approved plans. The director of community development may approve minor changes. Ohlson Landscaping 5 Janua~ 28,2003 CITIZEN COMMENTS Staff surveyed the property owners within 350 feet of this site to get their opinions of this proposal. Out of the 20 properties surveyed, five responses were received as follows: For Ray and Agatha Trotter, 1202 E. Ryan Avenue, Maplewood: "Great place for a garden center. I'm looking forward to using their services and products." Against MapleW°od Ventures LLC, 18465 Ixonia Avenue, Lakeville, MN (Deleano Benjamin, Maplewood Bowl Maplewood'Ventures, LLC): "1 would normally be supportive of any form of improvement on the site in question. However, in all fairness to the City of Maplewood, and to Mr. Ohlson, I believe the following should be taken into account. 1) I am not sure a metal building with outside storage of landscaping equipment and supplies would be that much of an improvement; and 2) Far more importantly, we need to take into account that this construction would not work at all properly into the future planning for rebuilding a revitalized new downtown Maplewood. I am prepared to make my presentation for a European Style Centrum to the City Planners and hope to have a preliminary meeting this week or next.' Bernard E. & Jeanne M. Kelcher, 1210 Ryan Avenue E., Maplewood: "The noise levels in our residential area are already extremely high from other nearby industrial-type businesses adjoining the proposed structure. We're already subjected to loud car noises and barking guard dogs from the existing businesses at all hours of the day and night. The proposal should include a fence (such as on freeways) that lowers noise levels and will not distract from the natural beauty of the Gateway Trail and surrounding areas like one more additional metal structure will." Concerns Stephen M. & Nora J. Oerter, 1224 Ryan Avenue E., Maplewood: "1 have no problem with the buildings. However, I do have some issue with late evening - night noise. Perhaps a compromise can be achieved." Timothy S. & Terri Kershaw, 1250 Ryan Avenue E., Maplewood: "As long as the trees on the trail are undisturbed, I support their plan. To have their vehicles and machinery out of sight will improve the overall look of the area." Ohlson Landscaping 6 January 28, 2003 REFERENCE INFORMATION SITE DESCRIPTION Site Size: Existing Land Use: 31,578 square feet (.72 acres) Landscape Business Vehicle Storage SURROUNDING LAND USES North: South: East: West: Gateway Trail and Single Family Homes George's Auto Body/Car Wash/Apartment Maplewood Bowl Al's Auto Service/D & D Towing/Cellular Tower PLANNING Land Use Plan: Zoning: B-C (Business Commercial) B-C (Business Commercial) ORDINANCE REQUIREMENT Section 36-151(b)(4) requires a CUP for the exterior storage of goods or materials within the Business Commercial zoning district. Section 36-151 (b)(6) requires a CUP for a metal building within the Business Commercial zoning district if the following findings are met: No more than 20 percent of the building would be visible from streets or the highest topographical point of the nearest residential lot lines. The building would not be of lesser quality than surrounding development. If the screening is removed or dies and the owner does not replace it, the city council may require that the owner remove the building. If the value of the building exceeds $25,000, the city council shall allow at least a five-year amortization period. CRITERIA FOR APPROVAL See attached CUP requirements and standards on pages 28 and 29 for approval. Ohlson Landscaping 7 Janua~ 28,2003 APPLICATION DATE The city received a complete CUP application for this request on December 31, 2002. Minnesota Statutes, Section 15.99 requires that the city take action within 60 days of receiving a complete application fora land use proposal. Therefore, city action iS required on this request by March 1, 2003. P: Sec 16~.Ohlson Landscaping Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Edk Ohlson's Letter Dated September 27, 2002 City Location Map Location Map Land Use Map Zoning Map Site Plan Grading Plan Elevations Floor Plan Pictures Dept. of Nat. Resource's Letter Dated January 21, 2003 Assistant City Engineer Chris Cavetrs Memorandum Dated January 28, 2003 Lieutenant Banick's Memorandum Dated January 23, 2003 Building Official Dave Fisher's Memorandum Dated January 3, 2003 Fire Marshal Butch Gervais' Memorandum Dated January 3, 2003 Conditional Use Permit Resolution Plans (Separate Handout) Ohlson Landscaping 8 January 28, 2003 Attachment 1 1706 Barclay Street Maplewood, MN 55109 {651) 748-1566 Fax: {651) 779-4246 September 27, 2002 City of Maplewood 1830 County Road B East Maplewood, MN 55109 Dear Shann: Included are the items and documents requested to begin processing our request for improving our property at 1949 Atlantic Street, Maplewood, MN 55109. Currently, we are using this property as a meeting place for our employees in the mornings and where they leave their vehicles. After reviewing that days specific job, we and our employees load up the necessary tools and equipment and leave in the company vehicle(s) needed to perform that days duties. To date, this land has been used for company vehicle and equipment storage, as well as excess landscaping materials, which are stored until needed at a later date. We do have a storage container on the property to securely lock up our smaller tools and equipment. Our business has been steadily growing at a rate that requires us to conduct our business in a more professional environment. Our employees need an enclosed building to conduct their general maintenance on equipment (i.e. tire changes, oil changes, small engine tune-up, etc.), instead of attempting to perform these duties in the rain, mud or freezing temperatures. We are proposing to build a building approximately 50'd x 100'1. This building will include an area for (2) two office personnel sealed offfrom the maintenance and service area. This building is strictly to be used as a working space for 2 to 4 office staffand 3 vehicle bays, each separated from the other. We are fortunate to experience phenomenal growth in our company, and have strived for years to get where we are today. That is why we desperately need to utilize this property in a manner, which is functional and appealing. Being in the landscape and property maintenance service, we will be designing the property as appealing to the eye and to blend with the area surrounding it. We look forward to hearing from you and working with you to create an exceptional addition to the Lincoln Park area. Most Sincerely, Erik M. Ohlson CEO, Pres./Ohlson Landscapes, Inc. Attachment 2 Little Canada North St. Paul 1949 Atlantic Street North St. Paul St. Paul S City Location Map 10 Attachment Proposed Ohlson Landscaping Site ~~J City Open Space I I I '¢',[,'1.,, I~ ~ ]1. ~, . ~ ~ N Location Map 11 Attachment 4 1949 Atlantic Street rost City Open Space Location of New Roundabout Legend Light Manufacturing Heavy Manufacturing Neighborhood Commercial Commercial Office Limited Business Commercial Business Commemial Modified Business Commercial Small Lot Single Dwelling Resi Single Dwelling Residential Double Dwelling Residential Low Multiple Dwelling Resident Medium Multiple Dwelling Resid High Multiple Dwelling Residen 30000 Residential Estate 40000 Residential Estate Park Open Space School city Govemment Library Cemetery Fire Station 12 Land Use Map Attachment 5 Frost Avenue N S Legend Light Manufacturing Heavy Manufacturing Neighborhood Commercial Commercial Office Limited Business Commercial Business Commercial Modified Business Commercial Shopping Center Small Lot Single Dwelling Residential Single Dwelling Residential Double Dwelling Residential Low Mulitple Dwellings High Multiple Dwelling Residential Condo Planned Urban Development Residential Estate (30,00 sq fi) Residential Estate (40,00) sq It) Farm Zoning Map 13 Site Plan s Attachment 6 14 N Att, 7 I Grading Plan 15 Attachment 8 /I Elevations 16 q- < Attachment 9 Floor Plan BUILDING HI:IGt~T 14'-0° 17 Attachment 10 18 21 · ! Attachment ll Minnesota Department of Natural Resources Area 3B Trails & Waterways 1200 Warner Road, St. Paul, MN 55106. Office (651) 772-7937; Fax (651) 772-7977 January 21, 2003 City of Maplewood Office of Community Development Attn: shann Finwall 1830 East County Road B Maplewood, MN 55109 Subject: Response to Ohloson Landscaping, 1949 Atlantic Street - Neighborhood Survey This letter is in response to a Neighborhood Survey for Ohlson Landscaping sent on January 2, 2003 to the State of Minnesota Department. of Natural Resources (DNR) from the City of Maplewood. The DNR, Trails & Waterways Division manages the Gateway State Trail that is adjacent to the proposed development at 1949 Atlantic Street in Maplewood. The DNR Gateway State Trail wants to be a good neighbor and have good neighbors along the trail corridor. Concerns for the trail include encroachment, trespass, visual quality, and dumping from adjacent landowners. For this proposed development the DNR requests that the business respect the property boundary. We would prefer a fence to define the property line and to retain the business materials. All bins and buildings need to retain the desired contents as intended. There should be no grading, or construction of facilities that negatively affect the vegetation or water drainage on the Gateway State Trail. it would be preferred if there was some native vegetation to visually buffer the trail corridor from the business site. Eventhough this is an urban environment, it is the intent of the DNR to manage for native plants and animals along the trail and we encourage and appreciate when adjacent landowners add to the "green corridor". Thank you for asking for our comments on this proposed development. If you have any questions, please contact me. Sincerely, Suzann Willhite Area Trails and Waterways Supervisor suzann, willhite ~dnr. state, mn. us eno: 22 Attachment 12 Engineering Plan Review PROJECT: Ohlson Landscapes, Inc. PROJECT NO: REVIEWED BY: Chris Cavett and Erin Schacht Maplewood Engineering Department, January 28, 2003 Ohlson Landscaping is proposing to construct a metal pole building at 1949 Atlantic Street. The proposal includes.resurfacing the parking area with bituminous for 10 parking stalls and leaving the remainder of the parking area as a gravel surface. The applicant has proposed to treat runoff from the site with two on-site ponds. The applicant's engineer should discuss this review and their revisions with Chris Cavett, Assistant City Engineer before re-submittal. The following issues shall be addressed: 1. Site plan and grading plan do not agree with each other. No consideration has been given to the ponding areas on the site plan. The city would be open to the applicant constructing a single larger treatment/detention basin that extends partially into the Atlantic Street fight-of-way. Maintain a minimum distance of 20-feet from the centerline of Atlantic with any grading. Consider creating what in essence will appear as a broad, shallow ditch fi'om the drive to the property line. The proposed pond on the north could be eliminated with a vegetated swale, (or infiltration trench), that would drain towards the east then turn south under the drive and into this larger east basin. o Construction and discharge of the north basin will require that the applicant obtain an easement and permit from the Minnesota Department of Natural Resources, (Gateway Trail). 4. Storm sewer must be extended between the east pond/basin to the existing storm sewer on Atlantic Street. The pond(s) must meet NURP design requirements and NURP calculations shall be submitted to the city for review. An alternative to the NURP pond is to incorporate other Best Management Practices (BMPs) in the design to adequately treat storm water. For more information on alternative BMPs, please see the Metrocouncil BMP Manual at their web site: http://www.metrocouncil.org/enviroment/Watershed/bmpmanual.htm NOTE: Because of the sandy soils generally found in this area, the applicant is strongly encouraged to consider constructing the basin(s) as bio-infiltration basins (rainwater gardens). The basins should be designed to infiltrate runoff from a 1.5" storm event. Rock infiltration sumps should be added to the basin along with appropriate landscaping in and around the basin(s). Rock infiltration sumps can be added to the proposed ponds to improve infiltration. The sumps should consist of 1.5" of clean, clear rock wrapped in Type 5 geotextile filter fabric, (felt). The top of the rock infiltration sumps shall be placed about'l 2 inches below 23 the finished bottom of the basin. Provide a detail and description in the plan of how the contractor will prepare the rock sumps. Provide a turf establishment plan and landscaping plan for the site. A perennial or shrub rainwater garden design may be proposed. If the basin area is only intended to be seeded, the area must be vegetated with native _grasses and forbes. The mix design must be preapproved by the city in advance seeding. Maintain a minimum 3:1 grade on the basin slopes. For slopes steeper than 3:1, specific permanent erosion control measures must be addressed on the grading and landscape plans. The slopes to the basin(s) must be protected from erosion. As proposed there has been no consideration on how the basin slopes will be prevented from eroding. Consider, including catch basin pickups in the storm sewer design to convey runoffto the basin(s). The applicant has proposed to maintain the storage area as a gravel surface. No consideration has been given in the design to address sediment and fmcs from being washed into the basin(s) and into the city storm system. Provide an adequate vegetated filter strip between the gravel surface and the inlet to the basin(s), or consider using a sump design in a structure that precedes the outlets to the basin(s). Periodic cleaning of the sump would be required. A maintenance agreement would be required by the city. Any stockpile areas must be adequately contained to prevent contamination to the storm sewer system. All stockpiles must be housed internally or a treatment structure must be included in the storm sewer design. 10. Provide silt fence along the entire north and east sides of the lot to prevent erosion and sedimentation in the low areas. 11. If this property is to be served by public utilities, 6" water main must be extend north from the existing stub at the north side of Frost Avenue. Water main can be installed privately by the applicant through a developer's agreement, or be petitioned and assessed back to the benefiting properties through a public improvement process. In either case, coordination, review and approval must be made through St. Paul Regional Water Services. 12. Submit revised plans to include all utility work (sewer, water and storm). 13. The city engineer shall approve restoration plan of the street. Minimum trench pavement restoration for Atlantic Street shall be with 8-inches of aggregate base and 2-inches of bituminous. (This is less than the existing street standard due to the condition of Atlantic Street.) 14. The drive entrance shall be paved between the street and parking lot. 24 Attachment 13 Memo To~ cc: Date: R~ Shann Finwall, Associate Planner" Lieutenant John Banick ~ Chief Thomalla 1/23/2003 PROJECT REVIEW-Ohlson Landscapes, Inc. I have reviewed the attached project proposal and currently have the following concerns: 1. Will this property have adequate lighting? Will the building have an alarm system? What are their hours of operation and will they be using heavy equipment to load trucks? As you know, this property is in a desolate location. Therefore, I am concemed about the potential increase in theft, criminal damage, burglary, and other incidents that our department will be required to respond to and investigate. Dudng 2002, our department handled seventy-three theft, twenty-eight damage to property, and fifteen burglary incidents in this neighborhood (grids 52 and 53). Obviously, proper lighting and an alarm system would be advantageous and decrease the opportunity for criminal activity. However, my main concern is the hours of operation and use of heavy equipment. This type of business has the potential to create a considerable number of noise complaints during the peak season. Frequently, land.s~-.a, pe workers start very early in the morning and work as late as possible. With a quiet established neighborhood just north of this property, I am concerned about the increase in noise that could adversely affect our current residents. Can we restrict the hours of operation at this location? If you have any questions, please contact me at extension 4502. 25 Attachment 14 MEMO To~ From: Date:. Shann Finwall, Associate Planner David Fisher, Building Official 01-03-03 RE: Proposed project at 1949 Atlantic Street, a 6,800 square foot building. Based on the information provided there would be a flammable waste interceptor required and Chapter 1306 of the State Building Code would require the building to be fully sprinklered. There may be a one-hour firewall required between the office and the service garage depending upon the use. Bathrooms would also be required. The building and parking would be required to meet all the accessibility requirements of Chapter 1341 of the State Building Code. Also the rules for the architects and engineers will require a design professional to submit plans for the building permit. 26 Attachment 15 Project Review Comments Date: From: Project: Planner: January 3, 2003 Butch Gervais, Fire Marshal Ohlson Landscape Building Shann Finwall Commems: According to the information provided this building would need to have fire protection installed: The owner states that the building will be 6,800 square feet and used as a service area and business office. So with this information under the code (1306) service garages of 3,000 square feet or more needs fire protection and parking garages of 5,000 square feet or more needs fire protection. This building appears to be falling under the code requirements (1306). Maintain fire department access road of not less than 20 feet and needs to be a surface that can be driven on all year round. 27 Attachment 16 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Erik Ohlson and Stephanie Jacques applied for a conditional use permit for the construction of a metal storage building that is 6,800 square feet in area and 23 feet, 6 inches in height within the Business Commercial zoning district; WHEREAS, this permit applies to property located at 1949 Atlantic Street, Maplewood, Minnesota. The legal descnption is: Vacated alley adjacent and accruing and except the South 10 feet, the East 8.57 feet of Lot 14; also, the East 8.57 feet of Lots 11 through 13; also Lot 6, except the South 10 feet of that part West of the East 103.57 feet of said Lot 6; and all of Lots 7 through 10, all in Block 3, Lincoln Park, Ramsey County, Minnesota. WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0089; WHEREAS, the history of this conditional use permit is as follows: On February 3, 2003, the planning commission recommended that the city council approve the conditional use permit. On ,2003, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby ali public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approved this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 28 /. I ne use woulo not create excessive aooitional costs for public facilities or services. R The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: 1 No exterior storage is allowed, including equipment and supplies associated with the business. 2. There shall be no noise-making, business activity conducted in the lot, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, or all day Sunday as required by code. 3. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 4. The conditional use permit shall be reviewed by the city council in one year. The Maplewood City Council adopted this resolution on ,2003. 29