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HomeMy WebLinkAbout08/20/2001BOOK 1. Call to Order MAPLEWOOD PLANNING COMMISSION Monday August 20, 2001, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda Approval of Minutes a. August 6, 2001 o Public Hearings a. 5-8 Club (Beau's) (2289 Minnehaha Avenue) 1. Land Use Plan Amendment (R-1 to BC-M) 2. Zoning Map Change (P,-1 to BC-M) 3. Conditional Use Permit (Restaurant) 4. Conditional Use Permit (Expansion of Nonconforming Use) 5. Parking Lot Setback Variance New Business a. Sobriety High School Conditional Use Permit (2055 White Bear Avenue) 7. Visitor Presentations o Commission Presentations a. August 13 Council Meeting: Ms. Dierich b. August 27 Council Meeting: ?? (was to be Mr. Rossbach) c. September 10 Council Meeting: Ms. Fischer Staff Presentations a. Annual Tour Follow-up b. Reschedule September 3 Meeting - Tuesday September 4? 10. Adjournment WELCOME TO THIS MEETING OF TH"= 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: 1. The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. 2. Staff presents their report on the matter. 3. The Commission will then ask City staff questions about the proposal. 4. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. 5. 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. 6. 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. 7. The Commission will then discuss the proposal. No further public comments are allowed. 8. The Commission will then make its recommendation or decision. 9. 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 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 6, 2001 II. III. IV. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. ROLL CALL Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Eric Ahlness Commissioner Mary Dierich Commissioner Matt Ledvina ' Commissioner Paul Mueller Commissioner William Rossbach Staff Present: Present Present Present Present Present Present Absent Absent Absent Ken Roberts, Associate Planner Shann Finwall, Associate Planner Recording Secretary: Lisa Kroll APPROVAL OF AGENDA Mr. Roberts would like to add item 9.b. under staff presentations regarding the rescheduling of the Planning Commission meeting of Monday, September 3, Labor Day. Mr. Roberts introduced the new recording secretary Lisa Kroll who also records the Community Design Review Board minutes. Commissioner Frost moves approval as amended to include item 9. b. Commissioner Pearson seconds. Ayes -- All The motion is passed. APPROVAL OF MINUTES Commissioner Trippler corrected a misspelling on page 3, 6th paragraph, the word silt. Commissioner Dierich corrected the 7th paragraph of that page to read "it" was on the north side as opposed to "is" was on the north side. Commissioner Frost moved to approve the July 2, 2001, Planning Commission minutes as amended. Commissioner Pearson seconds. Ayes - All PUBLIC HEARING None Planning Commission Minutes 8-6-2001 -2- VI. NEW BUSINESS 6o a, Alamo Car Rental Conditional Use Permit (2525 White Bear Avenue) Ms. Finwall stated that Alamo Car Rental is requesting approval of a conditional use permit (CUP) for the rental of motor vehicles from the Maplewood Auto Center, 2525 White Bear Avenue. Staff does find that Alamo Car Rental's use is compatible with the car center and does recommend approval of their conditional use permit with six conditions, which include a revised condition number 5 which would read "the owner of the Maplewood Auto Center at 2525 White Bear Avenue will replace the stop sign and no left turn sign at the exit onto White Bear Avenue prior to the city issuing a conditional use permit' for Alamo Car Rental and an added condition number 6. to read "the owner of the Maplewood Auto Center at 2525 White Bear Avenue will submit a letter of credit to the city to cover the cost of missing landscaping materials including 14 trees and 28 shrubs and the installation of those materials prior to the city issuing a conditional use permit for Alamo Car Rental. The owner of the Maplewood Auto Center will work with staff on the location and species of the landscape materials to be installed by the end of the 2001 planting season". This will allow Mr. Pollowski an opportunity to hire a landscaping firm to install all of the required plant materials by the end of the years planting season. Chairperson Fischer asked if there were any questions of the staff report. Commissioner Frost asked if Alamo Car Rental is for other car dealers or can people off the street use them as well. Ms. Finwall replied that Alamo Car Rental would be catering mainly to the local dealers; however, a customer could come off the street and rent a car from them as well. However, Alamo has indicated this would not be a majority of their business. Commissioner Frost replied that he did like the provision that was made to the landscaping plan compared to the original plan of 1988 because the original plan shows trees and bushes that he would not recommend any longer. Commissioner Frost stated that he does not understand why a left turn cannot be made onto White Bear Avenue. He could, however, understand if the no left turn was during peak times (7 - 9 a.m. and again from 4 - 6 p.m.), but it seems inefficient to turn right on White Bear Avenue and loop around and go north when the traffic is not that congested most of the day. Chairperson Fischer asked what the inspection process was to ensure that landscaping conditions are met. She could understand that a building inspectOr would take care of the buildings but who would be out looking at the landscaping to see if companies are in compliance. Ms. Finwall replied that conditional use permits which were approved within the city are reviewed by the city council yearly to a certain point, and then reviewed every 5 years after that. Staff looks at all aspects of the conditional use permit, including landscaping and reports any deficiencies to the city council. Mr. Roberts in addition to that, the planning staff is charged with checking things like signage and landscaping once a certificate of occupancy for a building is requested to make sure that they are complete. Chairperson Fischer asked if they are now checking the number of shrubs and trees are the actual number that was approved. Planning Commission Minutes 8-6-2001 -3- Mr. Roberts replied yes. Commissioner Dierich stated that she thought the deadline for the landscaping is going to be very tight to complete this year. Landscaping companies are very busy and having gone through this herself she knows it is going to be very hard to complete the planting process before the season ends. Mr. Roberts asked Commissioner Dierich if that was because of a shortage of materials or shortage of labor. Commissioner Dierich replied yes a shortage of labor. Currently many landscapers are booked until the end of the year. Mr. Roberts stated that he was sure with a line of credit the applicant and the board can work something out to get the landscape installed, if not this fall, then next spring. Chairperson Fischer asks the applicant to come forward and give their name and address, questions, concerns, thoughts. Steve Lewis of Alamo Car Rental, at 8000 Knox Avenue South in Bloomington, Minnesota was present. Chairperson Fischer asked the applicant if he has any problems or concerns with any of the recommendations or conditions in the staff report. Mr. Lewis asked if there was a delay in the landscaping conditions what does that do to his company moving into the Maplewood Auto Center. Does the landlord have to comply with the conditions before he can move the business in? Ms. Finwall replied that as long as the city received the letter of credit or cash equity to cover that landscaping material, his opening in this center would be fine. Mr. Lewis asked if the landlord does not supply a line of credit, would that postpone his opening? Mr. Roberts replied yes. Mr. Lewis asked if the landscaping was an issue for any other occupants that went into the center before this time. Mr. Roberts replied yes. Mr. Lewis asked if this landscaping situation was not a condition for previous occupants, why must it be a condition of Alamo's? Mr. Roberts replied that the city just became aware of the missing landscaping and therefore Alamo's conditional use permit request is a good opportunity for the city to require the owner to meet the original landscaping plan. Commissioner Frost stated that it sounded like the owner is agreeable to getting this taken care of. Hopefully it is not going to be an issue for Alamo's timeline. Chairperson Fischer thanked Mr. Lewis for his questions. Planning Commission Minutes 8-6-2001 -4- Commissioner Pearson moved to recommend approval of the resolution approving a conditional use permit for rental of motor vehicles at the Maplewood Auto Center at 2525 White Bear Avenue for Alamo Car Rental with conditions as specified by staff. Commissioner Frost recommends the amendment of condition (5.) c. about the no left turn sign. He feels it should be up for review with the police. Commissioner Ahlness added to Commissioner Frost's recommendation pending a review by the chief of police, and if there were no objections it would be posted with no left turn only from 7 -9 a.m. and from 4 - 6 p.m. That way we could go forward if he has no objections. Commissioner Pearson accepted the amendments. Commissioner Trippler seconded the motion. Commissioner Ahlness asked if the police department could also look at the turning left at Caribou Coffee as well. Mr. Roberts replied he was not sure if they could do anything to change that site since they are not working with that location right now. Commissioner Ahlness replied that the city should look at it as a comprehensive plan otherwise people will drive across the parking lot to take a left turn at one exit when they can't at the other. Motion carried. Ayes - All 6. b. Code Amendment- F (Farm Residence) District Ms. Finwall stated that on June 18, 2001, the planning commission directed staff to research possible code amendments to the cities farm zone. The proposed changes were prompted by Paul Schlomka's request for a home occupation license to conduct a landscaping business from his farm zone property at 2511 Carver Avenue. This request included two conditional use permits that were associated with the business (one for a 4,224 square foot pole barn and one for the storage of commercial vehicles on residential property). Mr. Schlomka has agreed to delay his request until staff's research into possible farm-zone code changes is complete. Staff does not propose any changes to Maplewood's accessory structure ordinance, but does propose a change to the farm zone ordinance to allow landscaping or similar business with a conditional use permit within the farm zone on property of 4 or more acres. The conditional use permit would be subject to the following: No exterior storage of commercial vehicles, equipment, or material associated with the business. Storage of these items must be in an approved accessory structure, which must comply with the strict setback requirements of commercial buildings adjacent residential property, which specify a minimum setback of 50 feet. The accessory structure and any other areas of the lot, which are associated with the business, must comply with the landscaping and screening requirements of commercial buildings adjacent residential property. b. No more than one (1) nonresident employee shall be allowed to work on the premises. c. The hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. Planning Commission Minutes 8-6-2001 -5- Ms. Finwall noted that Commissioner Ledvina, who is excused from tonight's meeting, expressed a concern that an individual property owner could acquire a conditional use permit for such a business on a property that is 4 acres, and then want to subdivide the property at a later time and not have the required acreage for the business. Ms. Finwall noted that all subdivisions must be approved by the city and no subdivision could take place unless the property owner with this type of landscaping business applied for and received a variance from the strict 4-acre size lot required for this type of business, or the business would have to close. Commissioner Frost asked for clarification on staff's proposed changes to the accessory structure ordinance. Ms. Finwall replied staff is not proposing any changes to the cities accessory structure ordinance. Commissioner Dierich asked for clarification on staff's recommendation for the minimum Io size for this type of business. Ms. Finwall replied that for a business such as this staff is recommending that the lot size be a minimum of 4 acres. Commissioner Dierich asked if that include things like easements that may run through the property. Ms. Finwall replied that is correct. Commissioner Dierich stated that she is uncomfortable with that because she would like to see the easements excluded because the person can't really use that land even though they own it. There is a lot of property in that southern portion of the city that there are easements on and that would make those properties less than 4 acres. Mr. Roberts replied that one thing those easements do is to make those lots more difficult to subdivide and also it creates space between homes and structures. Commissioner Trippler asked how staff decided that 4 acres was the cutoff. Ms. Finwall stated that since most of the Planning Commissioners felt that what Mr. Schlomka was proposing for his lot was reasonable, but were uncomfortable allowing it with a home occupation, Mr. $chlomka's lot at 4.34 acres was used as a guide. Commissioner Pearson stated you have to set a line someplace. Below that line it would be up to that applicant to apply for a variance which the city can weigh the validity of that application. Commissioner Trippler stated nothing in this really changes the 2,500 square feet of building structure regardless if it is 4 acres or 12 acres. He was under the impression that we were asking staff to come up with some kind of a recommendation on sizing the accessory structures more to the lot sizes. On a 1-acre plot of land a 2,500 square foot building takes up 5.7% of that total acreage. Chairperson Fischer clarified that the city would look not only at the size of the building but also at the number of acres that the applicant had when reviewing a conditional use permit for a larger accessory structure. Planning Commission Minutes 8-6-2001 -6- Mr. Roberts stated that it would be part of the conditional use permit review. Because clearly you would like to think there would be more options of where that building could fit on a 5-acre parcel verses a 1-acre parcel and what they could do for setbacks and the impact on them. Commissioner Dierich asked Mr. Roberts to explain the setback of accessory structures she is not clear on that language. Does that mean that the front of the accessory structure has to be behind the residence. Ms. Finwall answered that staff is proposing that the accessory structure meet the setback requirements for a commercial building when adjacent to residential property. This code now states that the commercial has to be at least 50 feet from a residential property line. The accessory structure ordinance also requires that an accessory structure be placed behind the residential building itself. Commissioner Dierich says that clarifies things for her. Commissioner Frost asks what the setbacks are for a building next to a right-of-way. Ms. Finwall answered that in the farm zone the front yard setback is 30 feet from the front property line and if it was on a corner lot it would be 30 feet for the side line adjacent a right-of- way as well. Commissioner Pearson thanked the staff for the work they have done on this and also to Mr. Schlomka for allowing the city additional time to come to this type of proposal. Commissioner Pearson moved approval of the ordinance amendment in order to allow landscaping and other similar businesses in the farm zone with a conditional use permit with the conditions as specified by staff. Commissioner Frost seconded the motion. Motion carried. Ayes -All 6. c. Code Amendment- Rezoning Ms. Finwall stated that during the 2001 Minnesota Legislative Session, the Builders' Association of Minnesota (BAM) and the Minnesota Association of Realtors (MAR) requested changes to the state law. The BAM and MAR proposed changes to building code interpretation, plan review fees, and zoning ordinances. These changes were proposed in an attempt to reduce market barriers to building more affordable homes. A section of the new law affects the voting requirements for zoning ordinance amendments and zoning map changes. The city's zoning code states that the city council may adopt and amend the city's zoning ordinance or map by a two-thirds majority vote of all its members. The state statute was amended to require a majority vote of all governing body members for amendments to zoning ordinances or changes to the zoning maps. An exception to this requirement is the adoption or amendment of any portion of the zoning ordinance that changes all or part of the existing classification of a zoning district from residential to commercial or industrial. In this case the governing body must have a two-thirds majority vote (at least 4 out 5) in favor of all its members. To comply with the new state law requirements, staff is proposing a zoning code amendment to reflect a new majority vote requirements for amendments to zoning ordinances or changes to the map. Planning Commission Minutes 8-6-2001 -7- VII. VIII. Commissioner Frost moved to approve the proposed code change. Commissioner Pearson seconded the motion. Motion carried. Ayes - All VISITORS PRESENTATIONS - None COMMISSION PRESENTATIONS Item (a.) regarding the city council meeting on July 23, 2001. Commissioner Ledvina is absent so Mr. Roberts spoke of the content of the meeting. Mr. Roberts stated that the city council approved the vacation of Lydia Avenue. They also looked at buying three homes on Larpenteur Avenue by Champps Restaurant that had been flooded. These are three homes that sit in the Iow point of Adolphus and Larpenteur Avenues. Last fall one of them had the sewer back up and had several feet of sewage in their basement. Then this spring with the heavy rains 3 of the homes had problems with flooding by the storm water. Mr. Roberts stated that the city thought it would be best to buy the homes and negotiate a price, tear them down, re-grade the lots, and then resell the lots. This will end up costing the city $250,000 to $280,000. Commissioner Pearson asked if the council discussed the need for the anti-back up valves on the sewer lines, otherwise the problem will occur all over again. Mr. Roberts stated they will have to remind the engineers about that. Chairperson Fischer asked Commissioner Dierich if she was available for the August 13, 2001 meeting. Commissioner Dierich responded yes she was. Commissioner Fischer stated that Commissioner Rossbach is not present to state if he was available for the August 27, 2001 meeting. Chairperson Fischer asked if there had been many phone calls about the new parking ordinance that went into effect on August 1. Mr. Roberts replied that in two days he had received about 4 calls from one street recently. Commissioner Trippler requested that for at least the next couple meetings if staff could supply a report of those calls from the chief of police and how many cases they actually went out and investigated. Mr. Roberts stated that he has received those calls as well as the Environmental Health Officer, Bob Wenger, and they have not kept track of those calls, but it would be something that could be done. He was not sure if the police department had been getting those calls or not. He stated he was not clear on who is getting what calls. He could check into that for the planning commission members. Planning Commission - 8 - Minutes 8-6-2001 Chairperson Fischer wanted to make sure that when officials are going out to check complaints that they check to see that vehicles are not too close to properties. Chairperson Fischer reminded the commission that Tuesday, August 7, 2001 was Maplewood Night Out. IX. STAFF PRESENTATIONS a. Annual Tour Follow-up Mr. Roberts asked members if they are getting bored with the tour because the attendance was not very good. Chairperson Fischer mentioned if they do the city tour again they need to get a quieter bus with a working microphone. Mr. Roberts replied that they were required to get a bus with a lift on it and were told it had a microphone. Unfortunately the microphone was for the driver only. Commissioner Trippler said it was so loud he could not hear any speakers because people were being so loud talking amongst themselves and the bus itself was so noisy. Members mentioned to Mr. Roberts that maybe it would be nice in the future to tour other cities that may have something that the city of Maplewood could profit from and see how that would relate to what Maplewood could do with their city. Members stated that they see the city of Maplewood when they drive around on their own and would be interested in seeing cities they don't see everyday like Shoreview or Stiilwater. Mr. Roberts asked Chairperson Fischer if the consensus was to continue the city tours or not or did they want to discuss that amongst themselves. Chairperson Fischer stated that several members were missing from the meeting and we should address it again at the next meeting to get an answer on that. Commissioner Tfippler stated he thought they could discuss that subject during a light agenda night. A couple of meetings were cancelled and he thought they had asked for an opportunity in some chamber setting for a chance to discuss educational things or items that people had been thinking about. Mr. Roberts asked if it should be tabled and members replied yes. b. Rescheduling of September 3, 2001 meeting Mr. Roberts asked members if they could reschedule the Monday, September 3, 2001 Planning Commission meeting because of Labor Day. The consensus of the members present was to reschedule the meeting to Tuesday, September 4, 2001. ADJOURNMENT Chairperson Fischer adjourned the meeting at 8:18 p.m. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: City Manager Shann Finwall, Associate Planner Beau's Food and Spirits Food Services, Inc. (d/b/a 5-8 Club) 2289 Minnehaha Avenue August 15, 2001 INTRODUCTION Project Description Food Services, Inc., d/b/a 5-8 Club, is proposing to purchase, remodel, and expand Beau's Food and Spirits at 2289 Minnehaha Avenue. The proposed project includes interior remodeling, expansion of the parking lot, a new covered deck for outdoor dining and exterior painting and improvements. Food Services owns and manages an existing 5-8 Club located at 5800 Cedar Avenue in Minneapolis (see pictures of Minneapolis 5-8 Club on pages 28 and 29). The proposed Maplewood 5-8 Club will offer the same neighborhood-style dining as the Minneapolis 5-8 Club (see Minneapolis 5-8 Club menu on pages 25 and 26). Requests To proceed with this project, the applicant is requesting that the city approve the following: A comprehensive land use plan amendment from single-dwelling residential (R-l) to business commercial modified (B-C(M)); 2. A rezoning from single dwelling residential to business commercial modified (B-C(M)); 3. Two conditional use permits including: ao A conditional use permit to allow a restaurant within the business commercial (modified) (B-C(M)) zoning district; and bo A conditional use permit for the expansion of a nonconforming structure (deck addition) (50-foot setback toward residential property required, 10-foot setback proposed; and a 30-foot front yard setback required, 22-foot setback proposed); 4. A parking lot setback variance (20-foot setback required, 5-foot setback proposed); 5. Design approval for exterior improvements. DISCUSSION Land Use and Zoning The building was originally constructed in the mid 1950s and was the site of Chicone's Bar and Restaurant. In the early 1990s Eugene and Shirley Beaulieu purchased the site and opened Beau's Food and Spirits. As a result, the property has been used as a restaurant/bar for approximately the last 46 years. During the city's adoption of the original zoning map in 1965, it was the city's intent to reflect existing land uses with appropriate zoning classification, not to create nonconforming uses. The city, however, zoned Chicone's Bar and Restaurant residential, even though it had been used as a restaurant/bar for at least ten years (see existing property line/zoning map on page 16). This zoning designation created a nonconforming use. For this reason, it is staff's opinion that it was originally the city's intent to reflect the restaurant/bar use with commercial zoning, but for some reason the zoning on this property was classified as residential. This zoning classification has never been an issue until this recent proposal for expansion. The land use and zoning map changes suggested here is from residential to business commercial (modified) (BC(M)) (see the proposed land use and zoning map on pages 15 and 17). The business commercial (modified) district is intended to provide for the orderly transition between more intensive commercial uses and Iow or medium density residential areas. Within this zoning district, restaurants (no drive-through facilities) are allowed with a conditional use permit. The conditional use permit process allows the city oversight to ensure there are limited impacts on the surrounding residential properties. The proposed land use amendment and zoning map change from single dwelling residential (R-l) to the transitional commercial zone of business commercial (modified) meets the spirit, purpose, and intent of the zoning code by not detracting from the use of neighboring properties or from the character of the neighborhood. In addition, the proposed change will reflect the existing land use on the property. Addition and Remodeling Exterior of Buildin.q: The exterior of the building will remain stucco with wood shutters around the windows. The front door will be relocated from the west elevation (toward Stillwater Road) to the south elevation (toward Minnehaha Avenue). The applicants propose to paint the exterior (taupe color with burgundy accents) and install new wall signage. After initial submittal of the land use applications and supporting site plans, the applicants have now determined that their walk-in cooler will not fit in the newly remodeled kitchen area. For this reason the applicants must bump the cooler area out of the building by 8 feet toward the east. The applicants propose to paint the cooler to match the building. To help screen the cooler, lattice and vines will be installed on the sides. Deck: A 34-foot x 18.2-foot (620-square-foot) covered deck is proposed for the northwest side of the building (toward Stillwater Street) (see the site plan on page 19). Surrounding the deck will be a 5-foot-high privacy fence with 1 foot of lattice on top. The deck will be covered with a decorative awning similar to the Minneapolis 5-8 Club's deck (see Minneapolis 5-8 Club pictures on pages 28 and 29). 5-8 Club 2 August 15, 2001 The deck itself will extend off of the north side of the original building, maintaining the existing nonconforming setback of 15 feet from the north residential property (50-foot setback required) and will come within 22 feet of the Stillwater Road right-of-way. In order to obtain an emergency exit from the enclosed deck, the applicants are proposing a 5-foot wide handicap accessible ramp to be installed on the north side of the building. Tl~e handicap ramp will come within 10 feet of the residential property. Because the deck will not meet the required setbacks, a conditional use permit is required for the construction of the deck. The residential property owners to the north at 2300 Stillwater Road, Roger and Richard Vanderhoff, have wdtten comments in support of the proposed remodeling and expansion. However, they have requested that a privacy fence be constructed along the shared property lines to ensure privacy from the deck. On the site plan the applicants show a 6-foot-high cedar pdvacy fence along the entire length of the east property line, but only about three-quarters of the way across the north property line (toward 2300 Stillwater Road). The applicant points out that the Vanderhoffs have an existing 4-foot-high chain link fence along a portion of the shared property line. The applicants propose the 6-foot-high privacy fence to be constructed up to this chain link fence. The applicants point out that the chain link fence will offer security for the Vanderhoffs and the proposed 6-foot high privacy fence on the actual deck will offer them privacy and reduce noise. In addition, the applicants are proposing an extensive garden area to be located between the chain link fence and the deck that will add to the aesthetics of the deck addition. Parkin,q: The proposed paved parking lot expansion will come within 5 feet of the east residential property line and 10 feet of the north residential property line. The required setback for parking lots adjacent to residential property is 20 feet; therefore variances are required for the expanded parking area. The applicants state in their letter of justification (page 27) that it is impossible to meet the city minimum requirement for parking stalls on this property unless such a variance is granted. As it exists and operates today, the property to the east of the restaurant functions as a gravel parking lot without any setbacks. Additionally, in order to make improvements the property must be commercially viable with adequate parking that will be obtained through this variance. Beau's Food and Spidts currently has 23 paved parking stalls and overflow gravel parking on the east side of the building. According to the city's parking ordinance, the restaurant as it exists today should have a total of 45 parking stalls. With the proposed project, the 5-8 Club should have 53 parking stalls. The parking lot expansion will create an additional 23 parking stalls, for a total of 46. This is still 7 parking stalls less than the city's required 53. Since the expansion of the parking lot will make the parking situation more conforming, no special parking authorization is required. Staff agrees with the applicants that the 46 parking stalls proposed would be adequate since the ratio of parking will increase and the proposed deck will only be used seasonally. Screening: As stated above, the city's ordinance requires a 20-foot landscape and screened buffer from a parking area to a residential property line. The proposed parking lot expansion will not meet the 20-foot requirement on the north and east sides. In order to ensure adequate screening of the parking lot from the residential properties, the applicants are proposing a 6-foot high cedar pdvacy fence to be constructed along the full length of the east property line and three-quarters of the length of the north property line. 5-8 Club 3 August 15, 2001 The property owner to the east at 2303 Minnehaha Avenue, Daniel Tacheny, has recently begun the framing construction of a 5-foot-high stucco fence. This fence is being constructed approximately 5 feet into Mr. Tacheny's property, extending from the rear of his detached garage to his rear property line. This fence was originally proposed by Mr. Tacheny to screen Beau's existing gravel parking area. Upon notice of the 5-8 Club's proposal, Mr. Tacheny contacted the applicants and inquired about them continuing this style of fence along the shared property line. The applicants point out that Mr. Tacheny's fence is not constructed on the property line, that Mr. Tacheny's fence is only 5 feet high and will not offer the screening required. They are also proposing lighting on their 6-foot-high cedar fence. For these reasons, the applicants do not wish to extend off of Mr. Tacheny's fence, but rather construct a fence on the property line. The property owner to the northeast at 2302 Stillwater Road, Kathryn Sorenson, has expressed a desire for an 8-foot high privacy fence with some type of bushes or shrubs to block/absorb the noise from cars and people. The city's screening requirements specify at least a 6-foot-high screening fence, which the applicants specify in their site plan. In addition, the applicants propose three maple trees and eight viburnum bushes along the north side of the parking area. This landscaping will add visual screening and help reduce noise. Staff feels that requiring a higher fence than 6 feet may have a negative visual impact on the restaurant property and surrounding residential properties and feels that the proposed 6-foot-high fence and landscaping will create the required screening. Driveway Entrance/GradinR and DrainaRe: The city's engineering department determined that if no grading was conducted on the existing parking area, the water runoff restrictions would only be required for the new parking lot addition. For this reason, the 5-8 Club will maintain the existing curb cut onto Minnehaha Avenue rather than their alternative curb cut farther to the east. Upon review of the grading and drainage plan, the city's engineering department approved the plan conceptually stating that it looks feasible, but no official approval can be accomplished until calculations are received (see the plan on page 19). Dumpster Enclosure: The applicants show a dumpster enclosure constructed at the north end of the new parking area, adjacent the north residential property (see the plan on page 19). The applicants feel that this is the best location for a dumpster enclosure as it allows the trash haulers to back straight up to the enclosure and lift the dumpster. Both of the property owners to the northeast, Ms. Sorenson, and the property owner to the east, Mr. Tacheny, have expressed concern over this location. They believe that this location will create excess noise to their residential properties when the trash is picked up and possible odors. Staff agrees with the neighbors and recommends that the dumpster enclosure be located along the east side of the building, south of the walk-in cooler location. The dumpster enclosure should be constructed of at least a 6-foot-high cedar fence to match the proposed screening fence or be constructed of stucco to match the existing building. The applicants prefer the original location as they feel the trash haulers will have difficulty reaching the dumpster. Staff points out that if the trash haulers were not able to back into the dumpster enclosure located against the building, the dumpster could easily be wheeled out into the parking lot and positioned so that the trash haulers could pick it up. Staff feels that this inconvenience far outweighs any negative impacts which would be associated with the dumpster enclosure located along the residential property lines. 5-8 Club 4 August 15, 2001 Landscapin.q: There are three mature maple trees located on the site currently. With the proposed parking lot and retention pond grading, it appears that two of the trees could be saved (the large silver maple 10 feet south of the building and the small sugar maple located on the southeast corner of the lot). The applicants are receptive to attempting to save these two trees. However, the large silver maple might be unhealihY and'~nsafe and may need to be removed. Staff recommends a condition of approval be that the applicants attempt to save these two trees with the grading of the property. In addition to attempting to save the existing trees, the applicants are proposing landscaping to include 15 maple trees, 52 shrubs, and a perennial garden to the north of the deck. Because the existing parking area is constructed right up to the right-of-way lines of both Stillwater Road and Minnehaha Avenue and the expanded parking area will be constructed 5 feet from the east property line, there is limited green space in which to install this landscaping. The proposed landscape plan (see the plan on page 20) shows much of the landscaping to be installed within the Stillwater Road and Minnehaha Avenue rights-of-way. Stillwater Road is a state highway, and any landscaping within this right-of-way would require a permit from the Minnesota Department of Transportation (MnDOT). MnDOT has expressed a willingness to work with the new property owners on issuing such a permit. Minnehaha Avenue is a county road and normally the county will not allow landscaping within their right-of-way, unless requested and installed by a city or the county. However, the Ramsey County engineering department has indicated a willingness to allow the applicants to landscape in the right-of-way if the state agrees to issue a permit. Staff commends the applicants on their landscape plan and feels that the proposed landscaping will add aesthetic appeal to a currently blighted corner. The applicants should submit a final landscape plan to the city for approval pdor to issuance of a building permit. This plan should show the perennial garden area to the north of the deck, any saved trees, and any alterations to the plan requested by city, state, or county. Li~htin_~: One of the most difficult aspects to deal with when commercial property abuts residential property is the lighting. A strong concern of the neighbors is that there are no high, over-illuminated lights installed in the expanded parking area. A strong concern of the police department and the applicants is that there is adequate parking lot lighting for security. Currently the building is equipped with three rooftop lights that shine onto the existing west and south parking areas. These lights are not facing residential property and have not proven to be an issue for the neighbors in the past. In addition to retaining these lights, the applicants propose seven wall lights to be installed around the building and three fence post lights to be installed on the new screening fence on the east property line. The fence post lights will be installed flush up against the posts at approximately 5 feet in height (see lighting detail on pages 23 and 24). This lighting design will ensure adequate security for the restaurant while shielding the light from the neighbors. RECOMMENDATIONS Adopt the Land Use Plan change resolution on page 32. This resolution changes the Land Use Plan from single dwelling residential (R-l) to business commercial (modified) (BC(M)) for the proposed 5-8 Club and adjacent proposed parking lot on 2289 and 2299 Minnehaha Avenue. The city is making this change because: 5-8 Club 5 August 15, 2001 ao co do Expansion of the parking area will supply adequate off-street parking and loading facilities for the site. Expansion of the restaurant/bar has been designed in the best manner to avoid disruption of adjacent or nearby residential areas including placing the new deck in the front of the building as opposed to the rear, installing a 6-foot high privacy fence along all shared residential property lines, and locating the dumpster along the building wall which is away from the residential property lines. Expansion and remodeling of the restaurant/bar improves upon the existing structure, creating a neighborhood restaurant which is compatible with surrounding residential uses. Expansion and remodeling of the restaurant/bar includes adequate screening from adjacent existing residential properties with a 6-foot-high privacy fence. Adopt the rezoning resolution on page 33. This resolution changes the zoning map from single dwelling residential (R-l) to business commercial (modified) (BC(M)) for the proposed 5-8 Club and adjacent parking lot on 2289 and 2299 Minnehaha Avenue. The city is making this change because: ao co so The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. The proposed change will reflect the existing land use on the property. f. The proposed change is supported by a majority of the neighbors surveyed. Adopt the conditional use permit resolution on page 34. This resolution approves two conditional use permits for the 5-8 Club at 2289 and 2299 Minnehaha Avenue including: ao A conditional use permit to allow a restaurant within the business commercial (modified) (B-C(M)) zoning district; and bo A conditional use permit for the expansion of a nonconforming structure (deck addition) (50-foot setback from residential property required, 10-foot setback proposed; and 30-foot front yard setback required; 22-foot setback proposed); Approval is based on the findings required by the code and subject to the following conditions: All construction of the 5-8 Club shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed restaurant/bar remodeling 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. 5-8 Club 6 August 15, 2001 c. The city council shall review this permit in one year. Adopt the variance resolution on page 36. This resolution approves a parking lot setback variance (20-foot setback required, 5-fo0t SetbaCl~ proposed). Approval is based on the findings required by the code and subject to the conditions as specified in recommendation number 3 above (conditional use permit conditions). Approve the plans date stamped June 13, 2001, for the 5-8 Club. The city is approving these plans based on the findings required by the code. The applicant, Food Services, Inc., shall do the following: Repeat this review in two years if the city has not issued a building permit for this project. Prior to issuance of a grading permit for the parking lot expansion, the city engineer must approve a final grading and drainage plan. This plan shall include: water retention calculations and the location of all existing trees on the site to be preserved and the means of protecting the trees. Prior to issuance of a building permit, the applicant must supply the city with the following: (1) A revised landscape plan to staff for approval that incorporates the following details: (a) Obtain approval from the Minnesota Department of Transportation and Ramsey County to install landscaping within the Stillwater Road and Minnehaha Avenue rights-of-way. Any required landscape revisions in these areas must also be approved by the city. (b) Location of all existing trees on the site to be preserved. (c) Perennial garden details to be located on the north side of the deck. (d) An underground lawn irrigation system. (e) In addition to the above, all common grounds shall be sodded (except for mulched and edged planting beds). (2) A final site plan showing revised dumpster enclosure location on the east side of the building and accurate deck dimensions and location. (3) Trash enclosure details to include at least a 6-foot-high cedar fence enclosure with a cedar enclosable gate or at least a 6-foot-high stucco wall enclosure with a cedar enclosable gate. (4) Elevations and footing details of the proposed 6-foot-high cedar fence. (5) Final exterior walk-in cooler elevations to show the cooler painted to match existing building, lattice runs, with vine plantings. 5-$ Club 7 August 15, 2001 d. Prior to certificate of occupancy the applicant must: eo fo (1) Complete all required exterior improvements including landscaping and underground irrigation, parking lot, screening fence, exterior lighting. (2) Install stop signs at both driveway exits. 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 city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spdng or summer. (3) The city receives an agreement that will allow the city to complete any unfinished work. All work shall follow the approved plans. The director of community development may approve minor changes. 5-8 Club 8 August 15, 2001 CITIZEN COMMENTS I surveyed the owners of the 28 properties within 350 feet of this site. Of the 11 replies, 10 were generally in favor of the proposal with minor concerns regarding the development itself and 1 was opposed: In Favor Daniel and Mary Tacheny, 2303 Minnehaha Avenue (Neighbors to the East): "Move the trash bin over behind the restaurant. Keep the parking lot lighting down so as to not light up my property." Roger and Richard Vanderhoff, 2300 Stillwater Road (Neighbors to the North): "1 lived here over 26 years. I never had any problems with the place next door. I welcome the Food Service d/b/a 5-8 Club as new owners. I may ask for a privacy fence by the new deck they plan to put up. Otherwise my brother (Rich) has no objections whatsoever." Kathryn Sorenson, 2302 Stillwater Road (Neighbor to the Northeast): "1 have never had any problems with the restaurant/bar, they have been faidy good neighbors. I do have some issues with your plans and they are as follows: a) The garbage area is not acceptable where you show it. Should be over by the building. Do not want the smell, noise from pick up, or possible animals; b) An eight foot nice looking and well maintained privacy fence with some type of bushes or shrubs to block/absorb the noise from cars and people; c) Lighting not above the fence line. Do not plan to have bright lights shining in my windows; d) Am not sure how the lot will be graded but would assume that there will be no problem with water collecting in the corners of our yards. That lot slopes down to my yard and the neighbors." Sarracks Drive In Liquors, 2305 Stillwater Road: "Anything would be an improvement to what is currently there. Parking lot is relatively small for a restaurant. Beau's Food and Spirits has done business as a restaurant/bar for 30+ years. Therefore, it seems to reason that it has all the ability to continue doing so under new ownership." Gin Foon Mark, 2259 Minnehaha Avenue: "We feel that this restaurant is a great improvement to the area. The neighborhood needs more family dining. Our only concern is that their overflow parking might try parking in our lot. Also, with late night drinks, as you know we live here." Eugene and Shirley Beaulieu, Beau's Food and Spidts, 2289 Minnehaha Avenue: "We think it would be a big plus for the neighborhood and the City of Maplewood. We agree with the proposal to approve the project for remodeling, expansion, and rezoning. Uplift to the establishment would benefit the neighborhood and business. We hope planning committee and city council will strongly pass the request by Food Services, Inc." Kenneth Mosner, 758 McKnight Road N: "1 think the remodeling efforts should go forward as long as the neighbors' concems (the neighbors who live next door to the restaurant) are addressed. This area needs to be kept up, as it is an entryway to Maplewood." Made Robinson, off-premises owner of 2315 Minnehaha Avenue: "No objection - encourage improvements." 5-8 Club 9 August 15, 2001 9. Malcom Boege, 756 McKnight Road: "We need a good restaurant on this side of town." 10. Martin Connolly, 2257 Minnehaha Avenue: "1 believe this would be an excellent project and excellent for the neighborhood. I hope it moves forward." Opposed Minnehaha Partner Limited Partnership, 1660 Highway 100, Suite 135, Minneapolis (owners of the 2-M apartments located on the southwest comer of McKnight Road and Minnehaha Avenue): "We are opposed to the plan due to concerns about increased traffic, increased amount of intoxicated patrons walking/driving around the area, and having a commercial structure so close to existing housing." 5-8 Club 10 August 15, 2001 REFERENCE INFORMATION SITE DESCRIPTION Site Size: Existing Land Use: 25,946 square feet (0.6 acres) Restaurant/Bar SURROUNDING LAND USES North and East: South: West: Single-Family Homes (Zoned R-l) Wells Fargo Bank and 3-M (Zoned M-l) Multi-Tenant Building: Martial Arts and Floral Business (Zoned BC) PLANNING Existing Land Use Plan: Existing Zoning: Single-Dwelling Residential (R-l) Single-Dwelling Residential (R-l) CRITERIA FOR APPROVAL Land Use Plan Amendment: There are no specific cdteria for land use plan changes. Any change, however, should be consistent with the goals and policies in the Comprehensive Plan. Two specific goals apply to this proposal: Promote economic development that will expand the property tax base, increase jobs and provide desirable services. Maintain and upgrade environmental quality and, where needed, reclassify land uses. In addition, four specific commercial policies apply to this proposal: Require adequate off-street parking and loading facilities. Avoid disruption of adjacent or nearby residential areas. Require commercial developers to make all necessary improvements to ensure compatibility with surrounding residential uses. Require adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential development. Rezoning: Section 36-485 of the Zoning Code requires that the city council make the following findings to rezone property: Co The proposed change is consistent with the spirit, purpose and intent of the Zoning Code; The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded; The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare; 5-8 Club 11 August 15, 2001 The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Application Date We received the complete applications and plans for this proposal on July 13, 2001. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. In order to accommodate scheduling to ensure that the applicant's representatives could be present at the final city council hearing, the applicant's representative has submitted written authorization to the city requesting the land use proposal be extended an additional 13 days past the required 60-day limit. As such, city action is required on this proposal by September 24, 2001. Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Location Map Existing Land Use Map Proposed Land Use Map Property Line/Zoning Map Proposed Zoning Map Surrounding Address Map Site/Grading and Drainage/Lighting Plan Landscape Plan Building Elevations Floor Plan Fence Post Light Detail 5-8 Club Menu 5-8 Club Letter of Justification Pictures of Minneapolis 5-8 Club Pictures of Beau's Food and Spirits Land Use Map Change Resolution Rezoning Resolution Conditional Use Permit Resolution Vadance Resolution 5-8 Club 12 August 15, 2001 Tra~ler Court ANTE]OPE WAY Ala~CRJACK LN BOBCAT IJ~ cauSER LN i,i ATTACHMENT I MAGNOLIA ,.~ ST. BRAND AVE. MINNEHAHA AVE. MARC. AR--ET AV~. Lake MAY~R LN. LOCATION MAP 13 ATTACHMENT 2 REVISED 10/19/94 ,,i Ivy Ave. ¥2 t.lS land Ave. iStillwater Rd. Harvester Ave. BC OS M-2 ~terchange CEM Ainnehaha Ave. BC LBC E :erchange 1-94 EXISTING LAND USE MAP 14 ATTACHMENT 3 REVISED 10/19/94 Ivy Ave. R-3(M) land Ave. iter Rd. Harvester Ave. R-3 BC ios M-1 CEM linnehaha Ave. LBC M-2 lerchange 3nway Ave. ;erchange 1-94 I PROPOSED LAND USE MAP I 15 A1 IA{S, W:NI 4 // 401.45' I0 '~ BUSH ~.. M I-N NE-H A-H-~ 16 ATTACHMENT 5 4~.4' S64.14' I BUSH E-. M IN NE-II 17 OAKDALE MEYER ST 7nVo' lNIV$ SURROLINDING ADDRESS MAP 18 ATTACHMENT 7 t"IINNEFI,&H,& AV'E. 19 ATTACHMENT 8 o~ LANDSCAPE PLAN 20 ATTACHMENT 9 ELEVATION ONOF~TI4'. ELEV,~-TION IIIIIIIIIIII IIIIIIIllli ] O50UTI-I ELEVATION ' BUILDING ELEVATIONS 21 ATTACHMENT 10 Floor Plan 22¸ MENT 11 FENCE POST LIGHT DETAIL ¥ il il ,0 N S J Flush Back Box Haunting Flush Back Box I~lounting A I o m (A j3) (G,P) 20~,F (E,H) 2-aW 'n' ~ ~ AI0m (A,~) (G,P) ~ 4 40W T4* ~ Al01 (A,B) G I E 7SW Aig ~ In-w~ll HID Back Box Haunting A [ o 3 (A,s) (G,P) ZBF (E) ZBW oT'r AOA Al03 (A,8) (G,P) 3S$ (E,H,~() 35W HPS ~ Al03 (A,~) G 50S (E,H,~() $0W HPS ~ Al03 (A,~3) G 50H (E,~) $0W MH ~ Flush Back Box Mounting Ai~l (A,B) (A,G,P) ~.I~F (E,H) ~--i3WTT : ~ AI 3 I (A,B) (G,P) I 4 40W T4*' ~ A 13 I (A,B) G I E 75W A I 9 ~ Extended HID B~ck Box Mounting A 13 ~- (A,B) (A,G,P) 70S (E,H,I¢) 70W HPS A 13 :Z (A,B) (A,G,P) 70H (E,H,."¢) 7ow MH Flush Back Box Mounting AlT! (A,8) (A,G.P) :Z:Z6F (E,H) 2-:Z6W DTTE --.~;~ A 17 ! (A,R) (A~G,~) '~:28F (E,H) 2-~8W D~; --,. 171 (A.B) (G,P) I 4 60W T4~:': -- AITI (AJ G I E IO0WAIg ' Extended HID Back Box Mounting All fix:utes UL / CUL listed. Important: Consulc fac:ory for lamping options for ceiling moun: appiicarJons. SampleCa:alogNo:lATI A G I.~F HI' C See pages I 0-11 for phocome~c~ and lamp performance da:a. ] * NOTF_'T4 Min,-Can lamps have El I screw shell base.: ' ATTACHMENT 12 ATTACHMENT 13 Variance Property: 2289 Minnehaha Ave. Applicant: James W. Emison or his designee Contact: Jill Skogheim Phone: 952-828-7002 The property at 2289 Minnehaha Avenue cannot be used as a restaurant without a variance for the parking setback requirement that there be a twenty (20) foot setback where a "nonresidential use abuts a residentially-zoned property:" It is impossible to meet the city minimum requirement for parking stalls required at a restaurant site unless such a variance is granted. As it exists and operates today, the property functions as a gravel parking lot without any setbacks. Additionally, in order to make improvements the property must be commercially viable. The site is only viable with the proper parking obtained through this variance. Though the property has been a restaurant for thirty plus years, proper zoning was never obtained. Furthermore, without the variance the property remains unviable for any sort of commercial intent. If a variance is not granted, the property will never be improved and upgraded and instead will continue to be a bar with a trash filled gravel lot. Due to these factors, a variance is a necessity. The property at 2289 Minnehaha faces unique circumstances as it includes both property zoned as business commercial and as residential. The property clearly is intended for commercial use, given the structure of the intersection and the existing commercial businesses which compose the area. According to city records the site has been devoted to a restaurant since 1963. Moreover, it is an anomaly that during this period no one sought the proper permits necessary to operate a commercial business within the city code. Yet these circumstances exist and the area presently functions as a parking lot. In order to update the property and run a feasible restaurant, a variance is required. Lastly, this zoning change will enhance, not detract, from the use of the neighboring property as currently the gravel lot contains many weeds and waste. Pavement of the lot will allow for better property maintenance. The end result of our improvements will add to the character of the neighborhood. By restoring and remodeling the existing property, we expect that property values in the area will only increase. The renewal of food service and a shift to serving neighborhood families will also benefit the area's image. As seen in the attached site plan, we intend to uphold the landscaping, screening, and number of stalls required in the parking ordinance. In keeping with the ongoing use of the property as a restaurant, the proposed variance keeps with the spirit and intent of all city ordinances. 27 5-8 CLUB LETTER OF JUSTIFICATION ATTACHMENT 1, 1128 Harmon Place, Suite 308, Minneapolis, Minnesota 55403, 612-332-8000 FAX 332-7504 28 1128 Harmon Place, Suite 308, Minneapolis, Minnesota 55403, 612-332-8000, FAX 332-7504 ATTACHMENT 15 1128 Harmon Place, Suite 308, Minneapolis, Minnesota 55403, 612-332-8000, FAX 332-7504 30 1128 Harmon Place, Suite 308, Minneapolis, Minnesota 55403, 612-332-8000, FAX 332-7504 ATTACHMENT 16 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Food Services, Inc., d/b/a 5-8 Club, made application to the City of Maplewood for a change to the city's land use plan from single dwelling residential to business commercial (modified) (BC(M)) for the remodeling and expansion of an existing restaurant located at 2289 Minnehaha Avenue. WHEREAS, this change applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. WHEREAS, the history of this change is as follows: On August 20, 2001, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public headng whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. On ,2001, the city council discussed the land use plan changes. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described land use plan change for the following reasons: 1. This site is proper for and consistent with the city's policies for commercial use. This includes: Require adequate off-street parking and loading facilities. Avoid disruption of adjacent or nearby residential areas. Require commercial developers to make all necessary improvements to ensure compatibility with surrounding residential uses. Require adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential development. 2. This development will minimize any adverse effects on surrounding properties because: Expansion of the parking area will supply adequate off-street parking and loading facilities for the site. Expansion of the restaurant/bar has been designed in the best manner to avoid disruption of adjacent or nearby residential areas including placing the new deck in the front of the building as opposed to the rear, installing a 6-foot high privacy fence along all shared residential property lines, and locating the dumpster along the building wall which is away from the residential property lines. Expansion and remodeling of the restaurant/bar improves upon the existing structure, creating a neighborhood restaurant which is compatible with surrounding residential uses. Expansion and remodeling of the restaurant/bar includes adequate screening from adjacent existing residential properties with a 6-foot high privacy fence. The Maplewood City Council adopted this resolution on ,2001. 32 ATTACHMENT 17 ZONING MAP CHANGE RESOLUTION WHEREAS, Food Services, Inc., d/b/a 5-8 Club has proposed the following change to the City of Maplewood's zoning map: single dwelling residential (R-l) to business commercial (modified) (BC(M)). WHEREAS, this change applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. WHEREAS, the legal description of these properties are: Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the $148.5' of Lot 14, and the S % of Lot 15. WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows: 25-29-22-33-0066 and 25-29-22-33-0028, respectively. WHEREAS, the history of this change is as follows: 1. On August 20, 2001, the planning commission recommended that the city council approve the rezonin9 change. 2. On ,2001, 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 all 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 approve the above-described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The proposed change will reflect the existing land use on the property. The Maplewood City Council adopted this resolution on ,2001. 33 ATTACHMENT 18 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Food Services, Inc., d/b/a 5-8 Club applied for two conditional use permits including: 1. Expansion of a nonconforming building; and 2. Operate a restaurant within the business commercial (modified) (BC(M)) zoning district. WHEREAS, this permit applies to property located at 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. The legal description is: Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the S % of Lot 15. WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows: 25-29-22-33-0066 and 25-29-22-33-0028, respectively. WHEREAS, the history of this conditional use permit is as follows: I On August 20, 2001, the planning commission recommended that the city council approve the conditional use permits. 2. On ,2001, 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 all 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 permits based on the building and site plans. The city approved this permit because: 1. The use would not change the existing or planned character of the surrounding area. 2. The use would not depreciate property values. 3. 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. 4. 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. 5. 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. 6. The use would not create excessive additional costs for public facilities or services. 7. The use would cause minimal adverse environmental effects. Approval of the two conditional use permits is subject to the following conditions: 1. All construction of the 5-8 Club shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed restaurant/bar must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on ,2001. 35 ATTACHMENT 19 VARIANCE RESOLUTION WHEREAS, Food Services, Inc., d/b/a 5-8 Club, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. The legal description is: Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the S % of Lot 15. WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows: 25-29-22-33-0066 and 25-29-22-33-0028, respectively. WHEREAS, Section 36-26(a) of the zoning code requires a 20-foot-wide landscaped and screened buffer when a commercial property abuts a residential property. WHEREAS, the applicant is proposing a 5-foot-wide buffer between commercial and residential property. 1 2. WHEREAS, this requires a variance of 15 feet. WHEREAS, the history of this variance is as follows: On August 20, 2001, the planning commission recommended that the city council approve the conditional use permits. On ,2001, 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 all 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 approve the above-described variance for the following reasons: Stdct enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 20-foot-wide buffer requirement would make parking on the site difficult. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the site. Approval is subject to the applicant doing the following: 2. 3. The Maplewood City Council adopted this resolution on 36 All construction of the 5-8 Club shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed restaurant/bar 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. ,2001. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Sobriety High School Conditional Use Permit 2055 White Bear Avenue August 14, 2001 INTRODUCTION Project Description Mr. Lew Moran, representing Sobriety High School, is proposing to open a high school for 44 students. The proposed location for this school is in the existing ASI office/warehousing building at 2055 White Bear Avenue. (See the location and property line maps on pages 4 and 5 and the maps on pages 6 - 8.) This would be a new location for the school that is now operating in Oakdale near Highway 36 and Century Avenue. Request To have this school in this location, Mr. Moran is asking that Maplewood approve a conditional use permit (CUP). The Maplewood City Code requires a CUP for schools. (Refer to the applicant's statement on pages 9-11 .) DISCUSSION The proposed school meets the city's findings of approval for a conditional use permit. As proposed, the school would lease about 6,200 square feet of space in the existing 82,000 square-foot building. With a staff of seven and 44 students, the existing parking lot should be adequate to handle the parking needs of the school and the existing tenants. There are about 120 total parking spaces with 60 in the front of the building and the others around the building The applicant should note that the city will require permits for any remodeling of the existing space. This will include having sprinklers and a fire alarm system that meet code requirements. RECOMMENDATION Adopt the resolution on pages 12 and 13. This resolution approves the conditional use permit for the Sobriety High School to operate in the building at 2055 White Bear Avenue. Maplewood bases this permit on the findings required by the code and subject to the following conditions: 1. All construction shall follow the plans dated July 25, 2001 as approved by the city. The director of community development may approve minor changes. 2. The proposed school must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The school shall have no more than 50 students. 4. The property owner or manager shall sweep and restdpe the parking lot before the school occupies their space. 5. The city council shall review this permit in one year. CITIZENS' COMMENTS City staff surveyed the owners of the 40 properties within 350 feet of the site of the proposed school. Of the four replies, one was for the project, two objected and one had comments. For 1. Sounds groat - unless the size changes (increase). (Lehmann - 2053 Prosperity) Opposed I do not want any kind of school behind me. Why do they need a different school? Why can't they go to the two high schools we already have in Maplewood? (Savage - 1699 Rosewood Avenue) Don't you think we have a lot of program type things going on one area? The shelter, this, the proposed single family housing on B - why are we so blessed to have all these things in our neighborhood? You are putting all our families at risk, but yet you don't take the responsibility of stopping all this in our neighborhood. At least spread it out. Give us a break. We do not expect you to do anything. You allowed Excel to expand and they are a noisy nuisance to everybody. (Marbj - 2049 Prosperity Road) Comments 1. We have no objection to this and hope it will help to straighten out some of these youngsters. (Oswald - 1700 Rosewood Avenue) SITE DESCRIPTION Site size: Existing land use: REFERENCE INFORMATION 8.8 acres Existing 82,000 square-foot office/warehouse building (17,712 square feet of office space and 64, 288 square feet of warehouse/light manufacturing space) SURROUNDING LAND USES North: South: West: East: Vacant property planned and zoned M-1 (light manufacturing) DNR Gateway Trail A single-dwelling and Excel Air across Prosperity Road Maplewood Community Center across White Bear Avenue PLANNING Zoning: M-1 (light manufacturing) ORDINANCE REQUIREMENTS Section 36-437(3) requires a CUP for schools. p:sec15/sobriety.cup Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Area Map 4. Site Plan dated 7-25-01 5. Floor Plan dated 7-25-01 6. Conditional Use Permit Statement 7. Conditional Use Permit Resolution 8. Plans date-stamped July 25, 2001 (separate attachment) 3 Attachment DEblONT AVE. iGRANDVlEW SHERREN AVE. AVE. AVE. Loke HILL RD. COPE RD. O~ 0~ J~h~ GW AVE. ROSEWOOD AVE. D AVl. S, ST. PAUL I~GOODRICH GOLF COURSE, RIPLEY AVE. LOCATION MAP 4 Attachment 2 ROAD ;. 2032, I // / BURKE AVE. 2 L. 0 2080 5 2055 6 EWOOD - .,,,,.,,, AVi I I 5 I 4 (.+o) I ¢~ I :3~/J (37; '~ I8 I ~ I'° '--) _. ROSEWOOD ! zz z, I to J 1732  0/ 14./' ' ,-7/'1 PROPERTY LINE I ZONING MAP 5 Attachment 3 Sobriety High Attachment 4 EXISTING BUILDING i EXISTING p%~OND _~$'OBRIETY HIGH SCHOOL SITE PLAN -7. ~$.o / Attachment 5 ~ ® HIGH SCHOOL Attachment 6 Application for Conditional Use Permit Planned Use Sobriety High, a nonprofit corporation chartered by the state of Minnesota, requests a conditional use permit to operate a four-year secondary school in 6,200 square feet of the office portion of the facility located at 2055 White Bear Avenue. The school provides 9th through 12th grade educational opportunities for 44 students (maximum) and would be operated as the East Campus of Sobriety High under a contract with the Maplewood-North St. Paul-Oakdale school district (ISD #622). It will replicate the West Campus of Sobriety High located in Edina, Minnesota, and operated since 1991 under contract to the Edina Public Schools (ISD #273). The property will be used to support the educational and administrative needs of the Sobriety High East students and staff. The facility will include 4 classrooms supporting science, math, social studies and English as well as the offices for the four full-time staff, the school's director and Sobriety High's CEO and program development supervisor. In addition to these spaces will be a commons area where group activities are held as well as functions that include parents and members of the community. There are no physical recreation facilities contained within the building. Adjacent land will be used for volleyball and ice hockey during the school year. The wetlands on site will be used as outdoor areas for science and biology. Introduction Sobriety High provides high school education to students recovering from alcohol and drug addiction in grades 9-12. The school is not a residential facility and operates under similar conditions as do other public and private high schools. However, there is a substantial difference in Sobriety High School's program that is worth noting; no student is admitted to the program until he/she has completed treatment for their addiction. The school does not administer treatment programs and does not permit a student who is using chemicals or alcohol to attend classes. Therefore, all students on campus are drug and alcohol free at all times, assuring a safe and productive educational environment. Hours of operation are similar to the public schools, classes begin at 8AM and conclude at 3PM. In addition to normal daily class time, extracurricular activities are conducted during afternoons and occasional PTO and committee meetings with staff and parents, in attendance are hosted weekday evenings. Need for Facility There is a tremendous need for this new campus. According to the Minnesota Department of Children, Families, and Learning, there are more than 27,000 chemically dependent teens in Minnesota. Fewer than 2,500 complete treatment for this illness in any given year; the eleven sober schools in Minnesota (including the two operated by Sobriety High) have a combined capacity of 290. According to the Hazelden Center for Youth and Families, if a recovering student returns to their former high school, their chance of relapse exceeds 90%. Sobriety High's relapse rate for the past five years averages less than 22%, suggesting that a change of environment, both physical and psychological, is one of the factors in Sobriety High's success. Teens who complete treatment and remain sober, go on to contribute much to our society: they continue their schooling, work productive jobs, many raise families, and all contribute to the well-being of their communities. According to Fred LaFleur, former Minnesota Commissioner of Corrections, those who don't, will drain society, the health care and criminal justice systems, often turning to crime and eventual incarceration, each costing Minnesota up to $42,000 per year. Criteria for Approval 1. Sobriety High is committed to the satisfaction of all applicable regulatory requirements and will work with Maplewood officials to assure that conformance is maintained throughout its operational term in the community. Sobriety High has never had an accident caused by failure to comply with local requirements and is committed to the maintenance of a clean, attractive and healthful facility. 2. The use of the property for a small public high school would not change the character of the building or community. In fact, it would be unlikely that anyone would know that students were on the premises during the day, other than at the times when there is supervised outdoor recreation. Sobriety High is a closed campus, students are not free to leave unless accompanied by staff or with the express permission of staff. 3. Property values should not be affected in any way. No additional activities that are not currently tolerated will be allowed on site and current facilities (in other locations) have had a positive impact on the surrounding community. 4. There will be no activities that are dangerous or potentially harmful in any way. The science curriculum is thoughtfully constructed so as to provide no potential hazards to students or the surrounding environment. 5. Sobriety High students rarely drive their own cars and faculty and staff comprise only 7 cars so that the potential use of the parking facility will be minimal; in fact less than if it were an office or industrial facility. 6. There is no increased demand for the use of public facilities which are more than adequate to maintain the schools needs. The school has never had need of public fire or police facilities in the past. There has never been a complaint filed against Sobriety High students by a member of the community. 7. There should be no additional cost for public facilities. 10 8.--9. Sobriety High is very conscious of the need to maintain the environment. The use of the facility for a school will not detract from the environment. Students will be required to contribute to the maintenance of the environment and will work with the building owner to enhance the environment where possible. 11 Attachment 7 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Lew Moran, representing Sobriety High School, is requesting that Maplewood approve a conditional use permit for a high school to operate in an existing office/warehouse building. WHEREAS, this permit applies to the property at 2055 White Bear Avenue. The legal description is: SABIN GARDEN LOTS, SUBJECT TO ROAD; EXCEPT PART OF LOTS 4, 5 & 6 BLK 6 DESCRIBED AS COM AT SW CORNER OF SAID LOT 6 THEN NELY ON WESTERLY LINE SAID LOT 6 FOR 28 FT TO BEG; THEN SELY PAR TO SOUTHERLY LINE SAID LOT 6 FOR 391.56 FT THE NELY DEF LEFT 90 DEGREES FOR 263.26 FT THEN NWLY DEF LEFT 90 DEG FOR 270.39 FT TO POINT ON WLY LINE SAID LOT 4 SAID POINT BEING 318 FT NE OF SAID SW CORNER OF SAID LOT 6 THE SWLY TO BEGINNING; THE FOLLOWING PART OF SAID LOTS 4.5 & 6 LYING SLY OF A LINE DESCRIBED AS BEGINNING AT POINT ON WL SAID LOTS 368 FT NLY FROM SW CORNER SAID LOT 6 THEN SELY TO POINT ON EL OF SAID LOT 5 SAID POINT BEING 368 FT NORTH FROM SE CORNER OF SAID LOT 6 & THERE TERMINATING (PIN 15-29-22-11-0050) WHEREAS, the history of this conditional use permit is as follows: 1. On August 20, 2001, the planning commission recommended that the city council this permit. On September 10, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the council approve the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the Maplewood'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 run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. 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. 6. 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. ]2 The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause minimal adverse environmental effects. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. Approval is subject to the following conditions: 1. All construction shall follow the plans dated July 25, 2001 as approved by the city. The director of community development may approve minor changes. 2. The proposed school must be started in this location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The school shall have no more than 50 students. 4. The property owner or manager shall sweep and restripe the parking lot before the school occupies their space. 5. The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on ,2001. ]3