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HomeMy WebLinkAbout03/03/1997BOOK 1. Call to Order 2. Roll Call 3. Approval of Minutes February 3, 1997 MAPLEWOOD PLANNING COMMISSION Monday, March 3, 1997 7:00 PM City Hall Council Chambers 1830 County Road B East 4. Approval of Agenda o New Business a. Knollwood Circle Preliminary Plat Review (Cypress Street and County Road C) b. Super America (11 Century Avenue South at Upper Afton Road) Conditional Use Permit Parking Reduction Authorization 6. Visitor Presentations 7. Commission Presentations a. February 10 Council Meeting: Mr. Frost b. February 24 Council Meeting: Ms. Coleman c. March 10 Council Meeting: Mr. Kopesky 8. Staff Presentations 9. 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: o 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 the 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 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA FEBRUARY 3, 1997 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Bunny Brueggeman Present Barbara Ericson Present Lorraine Fischer Present Jack Frost Present Kevin Kittridge Present Dave Kopesky Present Gary Pearson Present Present Present Commissioner William Rossbach Commissioner Milo Thompson III. APPROVAL OF MINUTES January 21,1997 Commissioner Frost moved approval of the minutes of January 21, 1997, as submitted. Commissioner Pearson seconded. AyesMall The motion passed. IV. APPROVAL OF AGENDA Commissioner Brueggeman moved approval of the agenda as submitted. Commissioner Thompson seconded. Ayesmall The motion passed. V. PUBLIC HEARINGS Auto Service Center (VVest of Highway 61, North of Beam Avenue)---Land Use Plan Change (R-1 to M-l), Zoning Map Change (R-1 to M-l), Conditional Use Permit (CUP-auto service-related building), Conditional Use Permit (CUP-auto service-related building), Ponding Easement Vacation, and Lot Division Ken Roberts, associate planner, presented the staff report. Mr. Roberts and Ken Haider, city engineer, answered questions from the commissioners. Mr. Roberts said the fifty percent impervious coverage requirement is for the total project, not each lot. According to Mr. Haider, frontage roads are not required along all highways. Mr. Haider also said maintenance of the drainage pond is the responsibility of the city. Planning Commission Minutes of 02-03-97 -2- Richard LaMettry and Steve McDaniels, the developers, answered questions. Mr. McDaniels said that the cars would be unloaded in the parking lot of the repair facility and then be driven across Beam Avenue to the Toyota dealership. Chairperson Fischer asked for comments from the public. Jim Anderson, 2890 Duluth Street North, was looking for any option other than having commercial traffic use Beam Avenue. Jeff Florczak, of 1233 Duluth Court, asked about the effect of this development on property values. Mr. Roberts reviewed the findings that are necessary for the city to approve a conditional use permit and zone change. Mr. Roberts said it was staff's opinion that, with adequate screening, buffering and landscaping, this commercial development would not affect property values. Mr. Florczak felt there should be a study done to assess the impact on property value. Mr. Roberts answered that the city council could make a finding, in its opinion, that property values would not be depreciated by the project. Jeff Florczak questioned the change in the natural and scenic features of the site. Ken Roberts said the finding that the "use would maximize the preservation and incorporate the site's natural and scenic features" was discretionary. Mr. Roberts pointed out that the minimum setback required by city code is a 20-foot buffer and the applicants' plan is showing 40 to '45 feet. Mr. Florczak also asked about other conditional use permits that have been issued for car washes or auto body shoPs next to residential areas. He commented on possible solvent emissions. Scott Milton, 2965 Edward Street North, said the proposed road is not a necessity for the Toyota dealership business. He said the trucks can readily access the dealership from Highway 61. Mr. Milton expressed opposition to the zoning change because it is abutting residential property, but he was not against the proposed auto uses along Highway 61. Frank Lockman of 1131 Lydia Street thought traffic control at Highway 61 and Beam Avenue should be addressed. He mentioned the numerous cars being test-driven through the nearby residential neighborhood. Mr. Lockman said he could foresee, in the future, the remaining lot in this commercial development being purchased by Toyota. He thought this would result in continuous traffic back and forth across Beam Avenue between the dealership and the auto service center. Mr. Lockman was concerned that the city allowed this large residential development with homes that have a median worth of $200,000 in this area and did not provide sidewalks or suitable access to facilities on the east side of Highway 61. Brad Benson, 2898 Duluth Street North, had two comments. He felt the driveway, "a convenience," would result in property value decreases for the neighboring residents, and that the driveway would be used for employee parking by the Toyota dealership. Currently, cars are being parked on this vacant lot. Arnold Goranson, 1161 Beam Avenue was concerned about the driveway and suggested that it be used only as a fire lane. Commissioner Kopesky speculated about dividing 1241 Beam Avenue along the lot line of 2911 Highway 61 and then doing a zone change for the north portion in order to satisfy the 350-foot setback requirement for the building. Associate Planner Roberts calculated the distance and determined that this lot division would not provide the necessary setback. Commissioner Thompson asked why a zone change was not requested for the parcel behind 2986 Duluth Street, now zoned R-l, that is included in this project. Ken Roberts said staff felt that since the project site as a whole was used for shore land calculations and impervious surface requirements, including this portion which was not proposed for development, rezoning was not an issue. Planning Commission Minutes of 02-03-97 -3- Commissioner Rossbach thought the roof equipment should be screened. Mr. Lockman discussed the road proposed to be south from County Road D to the location of Lydia Avenue and then east to Highway 61. Mr. Florczak asked the planning commission to reject staff recommendations. He felt the findings for a conditional use permit were not sufficiently researched. Marilyn Vars, 1140 Beam Avenue, agreed with Mr. Florczak. She said there were too many unanswered questions about this proposal. Since there were no further comments, the public hearing was closed. Commissioner Kittridge felt other access options, rather than the proposed driveway off Beam Avenue, should be explored. Commissioner Pearson agreed with Mr. Kittridge. He was uncomfortable with the driveway and the traffic crossing so close to the intersection of Beam Avenue and Highway 61. Commissioner Thompson preferred to have this application tabled for resubmission. He thought some issues were not considered adequately. Steve McDaniels, the applicant, said he would be agreeable to allowing a future developer of the corner property to use his driveway for access to Beam Avenue. Commissioner Kittridge moved the Planning Commission recommend denial of the resolution which would approve a land use plan change from R-1 (single dwelling residential) to M-1 (light manufacturing) for 1241 Beam Avenue. Commissioner Rossbach seconded. The commission and staff discussed reasons for denial and the manner in which the motion should be worded. Commissioner Kittridge withdrew his motion. Commissioner Rossbach withdrew his second. Commissioner Kittridge asked if the commission was in favor of denying access on the south end and causing access to be at the north end. Commissioner Rossbach felt it was necessary to make a point that this proposal meets current code and the commercial property study. Commissioner Thompson suggested a variance to the 350-foot setback requirement for the proposed building on Lot 1. This would allow the building to be built but still prohibit access from the south end. Commissioner Pearson thought the residents might prefer a lesser setback from the whole north/south R-1 line if it meant the setbacks from Highway 61 would allow a frontage road to these businesses. Commissioner Rossbach moved the Planning Commission recommend: Adoption of the resolution which approves a land use plan change from R-1 (single dwelling residential) to M-1 (light manufacturing). Approval is based on the following reasons: 1. With proper screening, it would be consistent with the comprehensive plan's goals and policies. 2. With the proposed driveway, this site would serve as a transitional use between the abutting single dwellings to the west and the light manufacturing property to the east. 3. The M-1 classification would be compatible with the commercial development to the south and east. 4. The applicant does not propose to construct a building on this lot. 5. Building construction on this lot cannot take place without the city council granting a conditional use permit because of the proximity to residential property. Bo Planning Commission Minutes of 02-03-97 Adoption of the resolution which approves the zone change from R-1 (single dwelling residential) to M-1 (light manufacturing). Approval is based on the findings required by code in addition to the following reasons: 1. This site would serve as a transitional use between the abutting single dwellings to the west and the light manufacturing property to the east. 2. The M-1 classification would be compatible with the commercial development to the south and east. 3. The applicant does not propose to construct a building on this lot. 4. Building construction on this lot cannot take place without the city council granting a conditional use permit because of the proximity to residential property. Adoption of the resolution which approves a conditional use permit for construction of a building for automotive repair between Gulden's Roadhouse and Beam Avenue (referred to as Lot One on the plans dated December 13, 1996). Approval is based on the findings required by the code and subject to the following conditions: All construction shall follow the site plan approved by the city except of the north/south driveway from Lot 1 crossing 1241 Beam Avenue. The applicant shall seek alternate means of emergency access to this site. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. The property owner shall record cross easements before obtaining a building permit. These cross easements shall be between the owners of Lot Two, Lot Three and Gulden's Roadhouse. There shall be no refuse or vehicle parts of any kind (new or old) stored outside unless in a screening enclosure. Plans for screening enclosures shall be submitted to staff for approval of placement and design. 6. There shall not be any outside storage allowed of any new materials without city council approval, except the parking of new vehicles. 7. The deed must be recorded creating this lot before the conditional use permit resolution can be recorded and considered valid. Adoption of the resolution which approves a conditional use permit for construction of a building for automotive repair between Gulden's Roadhouse and Beam Avenue (referred as Lot Two on the plans dated December 13, 1996). Approval is based on the findings required by the code and subject to the following conditions: 1. All construction shall follow the site plan approved by the city except for the north/south drive -from Lot I to Beam Avenue crossing 1241 Beam Avenue. The developer should seek Planning Commission -5- Minutes of 02-03-97 alternate means of emergency access to the site. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. The property owner shall record cross easements before obtaining a building permit. These cross easements shall be between the owners of Lot Two, Lot Three and Gulden's Roadhouse. There shall be no refuse or vehicle parts of any kind (new or old) stored outside unless in a screening enclosure. Plans for screening enclosures shall be submitted to staff for approval of placement and design. 6. There shall not be any outside storage allowed of any new materials without city council approval. 7. The deed must be recorded creating this lot before the conditional use permit resolution can be recorded and considered valid. Adoption of the resolution which vacates the ponding easement north of 2889 Highway 61. It is in the public interest to vacate this easement. This vacation is subject to the property owner meeting the following conditions: 1. Rededicating a new easement configuration that fits in with the proposed land development. 2. Submitting a drainage plan for the new pond location that includes the following items: a. Runoff calculations to ensure that the proposed pond provides the required holding capacity of 8.67 acre feet with a 48 CFS (cubic feet per second) outflow. b. Connection of the site drainage to the existing 44-inch outlet pipe at Beam Avenue. c. Preventing any drainage from going onto the Highway 61 right-of-way, unless allowed by a permit from the Minnesota Department of Transportation. d. Compliance with all city drainage requirements, subject to the city engineer's approval. Dedicating a new ponding easement and constructing the pond before the city issues a building permit for this property. These items must be completed before the city records the vacation resolution for the old easement. If the pond is not built, the property owner must provide escrow to ensure its construction. The city engineer shall determine this amount. Fo Approval of the lot split creating Lots One through Three as shown on the site plan date- stamped December 13, 1996. This lot split approval is subject to: The property owners of each lot recording cross easements for traffic flow before obtaining a building permit. These cross easements shall be between the owners of Lots One, Two and Three and Gulden's Roadhouse. Planning Commission Minutes of 02-03-97 -6- 2. The deeds must be recorded creating these lots before the conditional use permit resolutions can be recorded and considered valid and before building permits will be issued. Commissioner Pearson seconded. Commissioner Kittridge proposed a friendly amendment to strike "with the proposed driveway" from A. 2. Commissioner Rossbach agreed. Commissioner Frost had a problem with rezoning and changing the land use plan for 1241 Beam Avenue. His preference was to leave this lot zoned R-1. Ayes~ commissioners Nays--5 commissioners The motion failed. Commissioner Frost moved the Planning Commission recommend: Adoption of the resolution which approves a conditional use permit for construction of a building for automotive repair between Gulden's Roadhouse and Beam Avenue (referred to as Lot One on the plans dated December 13, 1996). Approval is based on the findings required by the code and subject to the following conditions: All construction shall follow the site plan approved by the city except for the north/south drive from Lot 1 to Beam Avenue crossing 1241 Beam Avenue. The developer should seek alternate means of emergency access to the site. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. The property owner shall record cross easements before obtaining a building permit. These cross easements shall be between the owners of Lot Two, Lot Three and Gulden's Roadhouse. There shall be no refuse or vehicle parts of any kind (new or old) stored outside unless in a screening enclosure. Plans for screening enclosures shall be submitted to staff for approval of placement and design. 6. There shall not be any outside storage allowed of any new materials without city council approval, except the parking of new vehicles. ' 7. The deed must be recorded creating this lot before the conditional use permit resolution can be recorded and considered valid. Do Adoption of the resolution which approves a conditional use permit for construction of a building for automotive repair between Gulden's Roadhouse and Beam Avenue (referred as Lot Two on the plans dated December 13, 1996). Approval is based on the findings required by the code and subject to the following conditions: Planning Commission -7- Minutes of 02-03-97 All construction shall follow the site plan approved by the city except for the north/south drive from Lot 1 to Beam Avenue crossing 1241 Beam Avenue. The developer should seek alternate means of emergency access to the site. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one yea All construction shall follow the site plan approved by the city except for the north/south drive from Lot 1 to Beam Avenue crossing 1241 Beam Avenue. The developer should seek alternate means of emergency access to the site. The director of community development r. 3. The city council shall review this permit in one year. The property owner shall record cross easements before obtaining a building permit. These cross easements shall be between the owners of Lot Two, Lot Three and Gulden's Roadhouse. There shall be no refuse or vehicle parts of any kind (new or old) stored outside unless in a screening enclosure. Plans for screening enclosures shall be submitted to staff for approval of placement and design. 6. There shall not be any outside storage allowed of any new materials without city council approval. 7. The deed must be recorded creating this lot before the conditional use permit resolution can be recorded and considered valid. Adoption of the resolution which vacates the ponding easement north of 2889 Highway 61. It is in the public interest to vacate this easement. This vacation is subject to the property owner meeting the following conditions: 1. Rededicating a new easement configuration that fits in with the proposed land development. 2. Submitting a drainage plan for the new pond location that includes the following items: a. Runoff calculations to ensure that the proposed pond provides the required holding capacity of 8.67 acre feet with a 48 CFS (cubic feet per second) outflow. b. Connection of the site drainage to the existing 44-inch outlet pipe at Beam Avenue. c. Preventing any drainage from going onto the Highway 61 right-of-way, unless allowed by a permit from the Minnesota Department of Transportation. d. Compliance with all city drainage requirements, subject to the city engineer's approval. Dedicating a new ponding easement and constructing the pond before the city issues a building permit for this property. These items must be completed before the city records the vacation resolution for the old easement. If the pond is not built, the property owner must provide escrow to ensure its construction. The city engineer shall determine this amount. Approval of the lot split creating Lots One through Three as shown on the site plan date- stamped December 13, 1996. This lot split approval is subject to: Planning Commission Minutes of 02-03-97 -8- The property owners of each lot recording cross easements for traffic flow before obtaining a building permit. These cross easements shall be between the owners of Lots One, Two and Three and Gulden's Roadhouse. 2. The deeds must be recorded creating these lots before the conditional use permit resolutions can be recorded and considered valid and before building permits will be issued. and grant a variance for the proposed building on Lot 1 from the 350-foot setback requirement from 1241 Beam Avenue to whatever distance is needed. Commissioner Rossbach seconded. Commissioner Kittridge asked about the necessity of acting on Items A and B of the staff recommendation. Chairperson Fischer said these items would be addressed after voting on Mr. Frost's motion. Ayes--all The motion passed. Commissioner Kittridge moved the Planning Commission recommend denial of Items A and B of the staff recommendation because they are not consistent with the comprehensive goals and policies. The commission also feels that Items A and B would not serve the best interests of the community. Commissioner Rossbach seconded. Ayes--all The motion passed. VI. UNFINISHED BUSINESS Commercial Property Study Ken Roberts, associate planner, gave the staff report. Mr. Roberts then answered questions from the commissioners. Commissioner Frost moved the Planning Commission recommend: Ao Approval of the resolution which revises Subsection 36-27(a), Subsection 36-27(d) and Article (6) of Subsection 36-28(c) of the city code about design standards with the following changes: Sec. 36-27. (1) shall read "A nonresidential use abuts a residentially-zoned or planned property." Sec. 36-27. (2) shall read "... shall require shrubs or trees in this area unless they deem it not appropriate." Sec. 36-27. (d) shall read "... with any screening fence unless the CDRB deems it not appropriate." Bo Approval of the resolution which revises Division 7 of Article II of Chapter 36 of the city's code of ordinances, Subsection 36-151 about the business commercial (BC) zoning district with the following change: Planning Commission Minutes of 02-03-97 -9- Sec. 36-151 (9) o. shall read "... if the developer can prove that the topography, or existing or proposed buildings will prevent fumes from reaching a residential lot line." Co Approval of the resolution which revises Division 9 of Article II of Chapter 36 of the city'~ code of ordinances, Subsection 36-186 about the light manufacturing (M-l) zoning district. Approval of the resolution which revises Article V. Section 36-437 of the city's code of ordinances about conditonal use permits (CUP) and adds Helistops to the list of definitions in Section 36-6. Commissioner Ericson seconded. Ayesmall The motion passed. Commissioner Fischer thought requiring the developer or contractor to do the grading and implementation up front might result in unnecessarily disturbing things that wouldn't have to be disturbed. Mr. Roberts said staff has not determined how to make sure businesses build parking as they need it. VII. VISITOR PRESENTATIONS There were no visitor presentations. VIII. COMMISSION PRESENTATIONS January 27 Council Meeting: Mr. Roberts reported on this meeting. February 10 Council Meeting: Mr. Frost will attend this meeting. IX. STAFF PRESENTATIONS The next meeting is tentatively scheduled for Tuesday, February 18, 1997 X. ADJOURNMENT The meeting adjourned at 10:08 p.m. MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Preliminary Plat Review Knollwood Circle Addition West of Cyprus Street and South of County Road C ' February 4, 1997 INTRODUCTION The Knollwood Circle Addition preliminary plat is due for review. Pat Goff is not requesting a time extension for this fourteen-lot preliminary plat. This plat would be west of Cyprus Street, south of County Road C. (See the maps on pages 3-4 and the preliminary plat on page 5.) Mr. Goff represents Goff Homes, Inc. BACKGROUND On December 15, 1988, the city council approved the preliminary plat, subject to several conditions. The council also rezoned the site from F (farm residential) to R-1 (single dwellings). Since 1988, the council has approved seven (7) time extensions for this plat, each lasting one year and subject to the 1988 conditions. On February 12, 1996, the council approved a final, one-year time extension for the Knollwood Circle Addition preliminary plat. This time extension was subject to the December 15, 1988 preliminary plat conditions. Staff recommended that if the developer took no action to develop this site by February 1997, the city should end this preliminary plat. DISCUSSION The City approved the preliminary plat more than eight years ago. Since then, the City, State and Watershed District regulations and policies about wetlands have changed. There may be a wetland on or near the northwest comer of the site. Maplewoods wetland protection ordinance now requires wetland setbacks and no-disturb buffer areas around wetlands. As such, the approved preliminary plat might require some grading or filling in or near this wetland to build houses on Lots 1 and 2. The Watershed District now requires a developer to mitigate wetland filling on a 2:1 ratio. There have been no changes to the site or activity by the developer that warrant the city approving another time extension. However, more than eight years have passed since the city held a public hearing on this plat. There may be new neighbors near the plat site and they should have a chance to comment on the plans to develop this property. In addition, there has been no physical activity to develop this plat in the eight-year period. The city should assure the owners of this property that ending this approval does not mean that the city opposes development on this site. The owner could develop this property in the future based on the regulations in effect then. RECOMMENDATION End the Knollwood Circle Addition preliminary plat approval, because: 1. Govemment regulations and policies have changed significantly since the city first approved this preliminary plat. More than eight years have passed since the city held a public hearing on this plat. There may be new neighbors near the plat site. They should have a chance to comment on the plans to develop this property. 3. There has been no physical activity to develop this plat. 4. Mr. Pat Goff of Goff Homes, the developer of the site, did not request for a time extension for the project. Ending this preliminary plat does not mean that the city is against the development of this property. The city will consider future development applicatio .ns for this property based on the standards in effect at the time of a new application. REFERENCE Planning Section 30-5 (e) of the City Code states: "For one year following preliminary plat approval and for two (2) years following final approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the City may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application, unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application..." p:secg~knollw'd.mem Attachments: 1. Location Map 2. Property Une / Zoning Map 3. 12-15-88 Preliminan/Plat 2 Attachment 1 ® Oerv's L..L_I Lake 3 KOHLMAN CT. C~ ~ NOR 1. SUMMII' CT. 2. COUNTRY'VlEW CIR. 3. DULUTH Cl'. 4. LYDIA ST. BEAM C GEl r~vA)S AvE. GERVNS V1KING t SHERREN AVl. COPE AVl. c~ L£LA~D (~) C~,~,~,~_=~,S ~r BELMONT TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: MEMORANDUM City Manager Thomas Ekstrand, Associate Planner Conditional Use Permit, Parking Waiver and Design Review - Super America 11 South Century Avenue Super America February 18, 1997 INTRODUCTION Project Description Mike Cronin, representing Super America (SA), is proposing to remove SA's fuel islands, fuel island canopy and convenience store at 11 South Century Avenue and build a new facility. The proposed store would be a 2,867-square-foot, one-story brick building. (The present building has 1,579 square feet.) They would also build a four-dispenser fuel-pump island and a new canopy. The proposed fueling area would serve up to eight cars - the same as the present pump island. Refer to the maps on pages 8-10. Requests The applicant is requesting: 1. A conditional use permit (CUP) to change a nonconforming use. This station is a nonconforming use because it is closer than 350 feet to residentially-zoned property. The city code prohibits motor fuel stations within 350 feet of a residential zoning district. Refer to the letters on pages 11 and 12. 2. A parking-reduction waiver to have four fewer parking spaces than the code requires. The code requires 15 parking spaces - the applicant proposes 11. Refer to the letter on page 13. 3. Site, landscape and architectural plans. DISCUSSION Conditional Use Permit The intent of the 350-foot separation is to buffer homes from motor fuel stations. In this case, the nearest Maplewood homes are already buffered by nearby commercial development. The exception are the homes in VVoodbury across Century Avenue. The proposed reconstruction, though, would have less impact on these homes than the present station. The proposed station would have better landscaping, fewer driveway curb cuts, nicer architectural design and greater setback. The only exception would be the new fuel tanks. The code requires that tank vents be at least 200 feet from a residential lot line. According to the applicant (page 12) the new tank vents would be ten feet closer t° the Woodbury neighbors, but would be equipped with a vapor recovery system. This system would provide a safeguard to prevent fumes. Considering everything, the proposed redevelopment would be an improvement. Parking-Reduction Waiver Staff agrees with the applicant's justification for a parking waiver. At any given time, it is likely that more than half of the customers in the store would be fuel customers. These people would already have parked their cars at the pumps. The only disadvantage, or risk, in granting this parking-reduction waiver, is that there would not be any space available to add parking. Traffic Considerations One person answering our survey expressed concern over the potential for increased traffic on Century Avenue. The proposed remodeling of this station would not increase the traffic in this area. The proposed driveway layout, in fact, would reduce traffic congestion at the intersection by eliminating the two curb cuts closest to the corner. The proposed fuel area, furthermore, will serve eight cars at one time - no more than the existing fuel area. Fuel-spill Clean up Two neighbors to the west stated that Super America has not cleaned up some fuel-contaminated soil that spread to their property. They would like the city to deny this request until this issue is resolved. I checked with Gary Zarling, of the Minnesota Pollution Control Agency's (MPCA) Hazardous Waste Division, for the MPCA's comment. Mr. Zarling said that SA is cleaning the site now. He further stated that redeveloping the site may, in fact, speed up SA~s clean up of the soil contamination. He said that they do not have any concern with SA's proposal. Design Considerations The proposed building and canopy would be attractive and an improvement on this street corner. The new building and pumps would not add any noise or traffic for the area. The applicant said that SA plans to install a trash enclosure. They have not shown the location or design for this yet. The trash enclosure should be placed so that it does not eliminate a parking space since the applicant is seeking a parking waiver. Landscaping On August 12, 1996, the city council directed staff to apply the Chanhassen Landscaping Ordinance on a trial basis to landscaping proposals we review for the next year. This ordinance bases the minimum amount of landscaping required on the cost of the proposed construction. The applicant estimated the project cost at $375,000. The Chanhassen code then requires that SA spend at least 2% of this amount on landscaping. (The code requires that the minimum landscape value include only expenditures on trees and plant materials. It does not include sod, seed, labor and grading.) The applicant's landscaping budget is $7,500, but this figure also includes sod and lawn irrigation which the Chanhassen code would not include. Mr. Cronin also said that the wrought- iron fence and brick columns would cost $13,500. He considers the fence as a landscaping-type amenity since they would provide it as an attractive accent to the site. The applicant would meet the Chanhassen ordinance requirements. Minnesota Department of Transportation (MnDOT) Comments MnDOT had several comments. I included these for the applicant's information since MnDOT requires permits for the proposed work. Refer to pages 14-15. RECOMMENDATION A. Adopt the resolution on pages 16-17 approving a conditional use permit to rebuild and enlarge a motor fuel station at 11 South Century Avenue. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. B. Approve a parking-reduction waiver to allow 11 parking spaces (four fewer than the code requires). Approval is because: 1. Most of the customers that would be in the store at a given time are fuel customers who would leave their cars at the pump islands. 2. A reduction in the parking requirements is justified to improve this property. C. Approve the plans date-stamped December 20, 1996 for the redevelopment of the Super America fuel station and convenience store at 11 South Century Avenue. The owner shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Install brick on the west elevation of the building to match the east and north elevations. The south elevation shall be brick to match the other elevations or concrete block. If it is concrete block, the owner must paint it to match the color of the brick. 3. Submit the following for staff approval before the city issues a building permit: a. Grading, drainage, utility and erosion control plans. b. Plans for the design and placement of the trash enclosure. c. A revised site plan showing 10-foot-wide parking spaces and a handicap-parking space that is eight feet wide with an adjacent eight-foot-wide loading space. d. Plans for screening the rooftop equipment. 4. Complete the following before occupying the building: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. c. Install reflectorized stop signs at both exits, a handicap-parking sign for each handicap-parking space and an address on the building. d. Paint all rooftop mechanical equipment to match the uppermost part of the building. Screen all roof-mounted equipment visible from streets and adjacent property. (code requirement) e. Construct a trash dumpster enclosure. The enclosures must match the building and have a closeable gate that extends to the ground. f. Install and maintain an in-ground sprinkler system for all landscaped areas. g. Post "no parking" signs in front of the building. h. Stripe all parking spaces at a width of ten feet, except for the handicap space. The handicap parking space must be eight feet wide with an adjacent eight-foot-wide loading space. 5. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished Work. 6. The director of community development may All work shall follow the approved plans. approve minor changes. CITIZENS' COMMENTS I surveyed the 13 property owners within 350 feet of this site. Of the ten replies, four were in favor, two objected, three had no comment and one neighbor had a miscellaneous comment. In Favor 1. I believe the station is needed in the area and the current structure is out-dated. The new store would be an asset to the community. (Afton Group, LLC, 2715 Upper Afton Road) 2. It will be a great improvement to our neighborhood. (Hoist, 28 Mayhill Road) Opposed I object because of previous chemical spill on our property that SA has not resolved financially or environmentally with our lawyer. If this spill issue is resolved we would be more than happy to endorse their proposal. Irregardless, the chemical spill has not been cleaned up. (Minnhealth PA, Tom Haugrud and John Dickhudt M.D.) 2. I object because of traffic congestion - possible median necessary to alleviate and do you really want that size gas station within proximity to corner? (Pettit/Polka Dot Dairy) Miscellaneous Comment Please clear all this with the M.P.C.A. site. (Fleming, 9 Century Avenue) There has been considerable product released at this REFERENCE INFORMATION SITE DESCRIPTION Site size: 22,851 square feet (.52 acres) Existing land use: Super America Station SURROUNDING LAND USES North: Upper Afton Road and Phillips 66 Fuel Station South: Guertin Drugs, Stout Chiropractic and Lutheran Church of Peace West: Afton Road Dental Clinic and Minnhealth Medical Clinic East: Century Avenue and single dwellings in Woodbury PAST ACTIONS (Other Stations) The city council has approved CUPs to expand these motor fuel stations which are closer than 350 feet to residential property: April 11, 1988: The HCO Fuel Station at 2228 Maplewood Drive added a fuel island canopy. July 22, 1991: Joe Fleming, at 2271 White Bear Avenue, removed his old building, fuel-island canopy and pump islands and built a new facility with a convenience store and service garages. September 28, 1992: Ray Muckala, of the Holiday Express Station at 743 N. Century Avenue, added a pump island, enlarged his fuel-island canopy and remodeled his building. February 14, 1994: John Fleming, at 9 N. Century Avenue south of the proposed SA station, added a new fuel-island canopy, and pump islands. Mr. Fleming also received a variance to place his new canopy closer than 15 feet to Century Avenue. PLANNING Land Use Plan designation: BC (business commercial) Zoning: BC Code Requirements Section 36-151 (b)(9)(c) does not allow motor fuel stations within 350 feet of a residential lot line. Section 36-17(e) allows the enlargement of a nonconforming use by CUP if it would not affect the development of the parcel as it is zoned. Section 26-22(a)(9) requires that a motor fuel station have four parking spaces plus one for each 200 square feet floor space for the store. (We consider the spaces at the pumps to serve as the first four spaces.) 6 Criteria for CUP Approval Section 36-442(a) states that the city council may grant a CUP, subject to the nine standards for approval. Refer to the resolution on pages 16-17. p:secl-28\sa-remod.cup Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's letter of CUP request dated December 20, 1996 5. Applicant's letter addressing the buried fuel tanks dated January 21, 1997 6. Applicant's letter of justification for the parking-reduction waiver dated December 16, 1996 7. Letter from MnDOT dated January 17, 1997 8. CUP Resolution · LONO~N LA. ¢OP,~Eg330N~L : Attachment 1 1 LOCATION 8 MAP Attachment 2 I0 , II I/ CENTURY RIDGE - ..z. ~ ,,-% APARTMENTS Y IS~gl CAR QUEST, OM A-1 LIQUORS SERVICE STATION ~ I~"-' UPPER AFTON RD. I~'~t." ~ll'k" -- ~]~'~'~ ..... ~ I .. ~ ecoo '~~ AMERICA ~ ~.~. · , .:~ CARVER ELEMENTARY SCHOOL SCHOOL DIST. N~ ~ ~ GUERTEN~D~U~ F, - ~,-,.*,~ ,~,~ LUTHERAN CHURCH O~ PEACE '2 Attachment 1 I I I I I I I I i I I PROPOSED SUPER AMERICA BUILDING I UPPER Al=TON liD PROPOSED FUEL ISLANDS AND CANOPY LOCATION, SITE PLAN 10 ATTACHMENT TO THE APPLICATION OF SUPERAMERICA GROLI~iL~ L.~i..~Li FOR A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO ALLOW RECONSTRUCTION OF THE PRESENT STORE AT 11 CENTURY AVENUE SuperAmerica proposes to demolish its present store located at UpPer Alton Road and Century Avenue and construct a new store at that site. The new store will be "L" shaped and located in the southwest corner.of the site. The new store will have a gross area of 2867 sf. and a net retail area of 1706 sf. The store will be approximately twice the size of the present 1579 sf. store which has a net retail area of 918 sf. The present single pump island parallel with Century will be replaced with two pump islands oriented diagonally to the corner. The present underground storage tanks located near the south edge of the site will be replaced, and new tanks will be located along the south edge. No change is proposed to the. present 22,506 sf. site. Parking is provided on either side of the store perpendicular to the west and south property lines, 11 spaces, and the 8 fueling points at the pump islands practically provide additional and the most used parking on the site. Signage for the site will consist of the following. At the intersection of Century and Upper Afton, at 25 ft. tall 148 sf. SuperAmerica trademark and price, pylon Sign. On the front and the edge of the canopy toward Century, an internally illuminated 21 sr. SA "badge" logo and 21 sf. non illurninated',SUPERAME.RICA" graphic"(sees.heet CA1). And, on the building, to the right of the entrance', facing' Century, a 24 sf,. SUPERAMERICA logotype of individual blue neon backlit letters (see sheet A3). To reinforce and provide a landscaped edge for this site a masonry and metal picket fence in addition to typical plantings is proposed in the the slightly reduced landscaped beds along Century and Upper Afton (see sheets C2 and L1). All other edges of the site not occupied by the building will have plantings. A similar store on this design is located at Lexington and Front Street in St. Paul, and a store on this design, and using the brick and steel fence feature, is under construction at Ford Parkway and' Snelling, also in St, Paul'.' The new store may be a candidate for 24 hour operation. December 20, 1996 ',--21-1997 2: 12PIl FP.'OI1 I1 CP:OI',.III',,I 612 941 26z15 Attachment 5 AMENDMENT TO THE APPLICATION OF SUPERAMERICA GROUP FOR A CONDITIONAL USE PERMIT TO SEEK RECOGNITION OF THE CONTINUING NONCONFORMING LOCATION OF THE UNDERGROUND STORAGE TANKS AFTER RECONSTRUCTION OF THE PRESENT STORE AT 11 CENTURY AVENUE As pad of the reconstruction and relocation of the store building on this site the underground tanks will also be replaced and relocated. The new site plan will keep the tanks in the same area and in the same relationship to the store, but due to the new store location and design, moves the center point of the set of tanks approximately 10 ft. closer to Century Avenue. The present and proposed location of the tanks continues to provide the required 200 ft. spacing from the nearest residentially zoned property to the north, south, and west, but there is no point on this site more than 200 ft. ~'rom the residential district boundary along the centerline oi Century Avenue. Absent any conlorming location on this site, the tanks could not be replaced, preventing the site's use for the current and most reasonable use, a convenience store dispensing gasoline. The proposed location for the replacement tanks, due to their proximity to the location of the present tanks, avoids introducing any new activity or impact to this or any other part of the site and will minimize the potential for any impact on the character of the area. The new store, with closing of two driveways, larger size and better selection of products, and the new island orientation will reinforce the commercial character of the district, improve the compatibility of our use, and provide enhanced services to our neighbors. Any impact from the relocation the tanks slightly closer to Century Avenue will be mitigated by the installation and use of state of the art vapor recovery systems mandated as part of new construction. Together, these factors permit recognition of the nonconformity and replacement with new tanks in keeping with the spirit and intent of the ordinance. We believe the compatibility of the proposed location for the tanks was confirmed during the neighborhood survey conducted as part of this application when no comments on the location of the tanks or complaints about gasoline odor were received by the City. January 21, 1997 12 .-~ ~:S?,Pll FP~OI1 hl CRONIN 612 g,'~l 28~q P. '. ~ttach~ent ~ ATTACHMENT TO THE APPLICATION OF SUPERAMERICA GROUP REQUESTING A WAIVER REDUCING THE REQUIRED OFF STREET PARKING FROM 15 TO 11 SPACES, RECOGNIZING THE PROVISION OF AN ADDITIONAL 8 ! ,~,RKING SPACES UNDER THE CANOPY AT THE PUMP ISLANDS, TO PERMIT RECONSTRUCTION OF THE PRESENT STORE AT 11 CENTURY AVENUE 'f'l .; City has no specific parking requirement for convenience stores dispensing g~:;oline. The required parking for this proposal is determined by the combination of thc, requirements for two individual uses. The dispensing of motor fuel use requires 4 spaces, and a retail use of our size would require 10.3 spaces, for a total of 14.3 spaces, rounded up to 15 spaces. It is our experience in the Twin Cities area that over two thirds of our customers making a purchase in our store also purchase gasoline as part of their visit. Our observation is virtually all of our custo,~ers purchasing gasoline will leave their car parked at the pump island when they rflake a purchase inside the store. This means in practice tl~e 8 spaces under the canopy at the pump island do directly address the parking demand generated by the retail activity at our stores. The 8 spaces under the canopy are typically the most used parking spaces at any SuperAmerica store. We are confident the remaining 11 spaces on site will adequately provide parking for our solely "inside" retail customers and the two to three SuperAmerioa associates on site at any one time. This is the basis for our request for a waiver reducing the required parking for the retail portion of our store from 10.3 spaces to 7 spaces. December 16, 1997 13 Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Rosevilte, MN 55113 January 17, 1997 Attachment 7 Tom Ekstrand Community Development City of Maplewood 1830 County Road B East Maplewood, MN 55109 Dear Tom Ekstrand: SUBJECT: Super America Site Plan Review S96-103 Southwest Quadrant of Trunk Highway (TH 120) and Upper Afton Road Maplewood, Ramsey County CS 6227 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Super America site plan. We find the plan acceptable for further development with consideration of the following comments. A Mn/DOT stormwater drainage permit is required for the proposed development. Grading and drainage plans with hydraulic computations and drainage area maps, showing before and a~er conditions and addressing 100-year storms, must be submitted with the permit application. Existing drainage patterns and rates of runoff affecting Mn/DOT right of way should be perpetuated. The site's stormwater discharge rate must not increase. Any questions regarding Mn/DOT's drainage concerns may be directed to Gene Bovy of our Water Resources Section at 779-5053. Questions regarding the permit process may be directed to Lars Impola of our Permits Section at 582-1447. A permit is required for access to TH 120. As noted above, Lars Impola of our Permits Section may be contacted for the appropriate forms and further information. Any use of or work within Mn/DOT right of way will require an approved Mn/DOT permit. The permit required depends upon the nature of the proposed work. As noted above, Lars Impola of our Permits Section may be contacted for the appropriate forms and further information. An equal opportunity employer 14 Tom Ekstrand January 17, 1997 page two Please send future plans for Mn/DOT review to our new Local Government Liaison Supervisor, Sherry Narusiewicz, at the above address. Please contact me at 582-1654 if you have any questions regarding this review. Scott Peters Senior Transportation Planner/Local Government Liaison c: Dan Soler, Ramsey County Traffic Engineer Attachment 8 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Super America Group, Inc. applied for a conditional use permit to enlarge their fuel station and convenience store. WHEREAS, this permit applies to 11 South Century Avenue. The legal description is: The Northerly 183 feet of the Easterly 183 feet of Northeast 1/4 of Southeast 1/4 of Section 1, Township 28, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1. On , the planning commission recommended that the city council this permit. The city council held a public hearing on ,199_. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. 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 city council approve the above-described conditional use permit, because: 1. 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 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. 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. 7. The use would not create excessive additional costs for public facilities or services. 8. 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. 3_6 Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. The city council shall review this permit in one year. ,199_. The Maplewood City Council approved this resolution on 3.'7