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HomeMy WebLinkAbout03/17/1997BOOK MAPLEWOOD PLANNING COMMISSION Monday, March 17, 1997 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order * 2. Roll Call 3. Approval of Minutes March 3, 1997 4. Approval of Agenda 5. New Business a. APT Telecommunications Tower Conditional Use Permit (English St. and Gervais Ave) b. National Tire Warehouse (White Bear Avenue) Wetland Buffer Setback Variance Conditional Use Permit 6. Visitor Presentations 7. Commission Presentations a. March 10 Council Meeting: Mr. Kopesky b. March 24 Council Meeting: Ms. Ericson c. April 14 Council Meeting: Mr. Thompson 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 MARCH 3, 1997 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7:02 p.m. II. ROLL CALL Commissioner Bunny Brueggeman Commissioner Barbara Ericson Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Kevin Kittfidge Commissioner Dave Kopesky Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson III. APPROVAL OF MINUTES Present Present Present Present Present Absent Present Present Present February 3, 1997 Commissioner Frost moved approval of the minutes of February 3, 1997, as submitted. Commissioner Pearson seconded. The motion passed. Ayes--all IV. APPROVAL OF AGENDA Commissioner Ericson moved approval of the agenda as submitted. Commissioner Brueggeman seconded. Ayes--all The motion passed. NEW BUSINESS A. Knollwood Circle Preliminary Plat Review (Cypress Street and County Road C) Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commission. The developer was not present at the meeting. Commissioner Frost moved the Planning Commission recommend ending the Knollwood Circle Addition preliminary plat approval, because: 1. Government regulations and policies have changed significantly since the city first approved this preliminary plat. Planning Commission Minutes of 03-03-97 -2- 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. 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 applications for this property based on the standards in effect at the time of a new application. Commissioner Kittridge seconded. Ayes--all The motion passed. B. SuperAmerica (11 Century Avenue South at Upper Afton Road): Conditional Use Permit and Parking Reduction Authorization The staff report was presented by Ken Roberts, associate planner. Michael Cronin, representing SuperAmerica, was present and requested approval of the project. Mr. Cronin also introduced Sharon Rice, manager of the Century Avenue store, and Mark Erickson, area manager for .SuperAmerica. Commissioner Thompson was concerned about excessive snow on the site. Mr. Erickson said they were agreeable to removing any snow that impairs pedestrian or vehicle traffic at the store. Staff suggested an addition to the conditional use permit that would require snow removal from the site as necessary to keep the sidewalk along Upper Afton Road clean. Commissioner Frost pointed out that the sidewalk near this store is right along Upper Afton Road. There is not a snow storage area between the sidewalk and the street. Mr. Cronin preferred the condition to state "manage the snow" rather than remove it, particularly since much of it comes from the street. Commissioner Rossbach proposed that, when this section is regraded, a curb be required along the sidewalk so as the water melts it will run back toward the SuperAmerica parking lot. Mr. Cronin showed pictures of a trash enclosure similar to the one being proposed for this site. He said SuperAmerica has the ability to schedule trash pick-up and fuel delivery at off-peak times. He does not foresee parking to be any problem, especially since the average customer is only in the store for three to four minutes. There was some discussion about the hours of operation. According to Ken Roberts, business commercial (BC) zoning does not allow operation of a fuel station at this site between 11 p.m. and 6 a.m. The store hours now are 5 a.m. to 11 p.m., Monday through Friday, and 6 a.m. to 11 p.m. on weekends. Commissioner Rossbach felt that it was not appropriate to dictate snow removal procedures for SuperAmerica. He also thought it was difficult to schedule trash removal but that there should be a requirement to schedule fuel delivery at off-peak hours. Commissioner Thompson was concerned that delivery after hours might disturb area residents. Mr. Cronin replied that there were many off-peak hours during the day that could be used for the delivery. Planning Commission Minutes of 03-03-97 -3- Commissioner Rossbach moved the Planning Commission recommend: A. Adoption of the resolution which approves a conditional use permit to rebuild and enlarge a motor fuel station at 11 Century Avenue South. 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. Bo The city council shall review this permit in one year. The applicant shall work with city staff to improve the drainage from the boulevards on the north side of the site, including the sidewalk along Upper Afton Road, to see if it can drain back towards the parking lot. Approval of 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. 3. The applicant has agreed to have fuel deliveries to the store during non-peak, and not after, store hours. Commissioner Pearson seconded. Commissioner Brueggeman asked if there had been any complaints about fuel being delivered after hours. Commissioner Rossbach perceived after-hour delivery as a potential nuisance. Mr. Cronin said this has not been a problem in the past. Commissioner Brueggeman said since there have been no complaints, the fuel-delivery requirement should be reconsidered. Commissioner Rossbach said he was agreeable to having B. 3. read "The applicant has agreed to have fuel deliveries to the store during non-peak store hours." Commissioner Pearson agreed. Ayes--all The motion passed. VI. VISITOR PRESENTATIONS There were no visitor presentations. Planning Commission Minutes of 03-03-97 VII. COMMISSION PRESENTATIONS A. February 10 Council Meeting: Melinda Coleman reported on this meeting. B. February 24 Council Meeting: Melinda Coleman reported on this meeting. C. March 10 Council Meeting: Mr. Kopesky is scheduled to attend this meeting. Chairperson Fischer commented on the Tri-District School Open House and the Maplewood 40th Anniversary party. VIII. STAFF PRESENTATIONS Melinda Coleman, director of community development, said Pat Kelly, city attorney will be attending a Planning Commission meeting in the near future. She also announced that the Government Training Services is puffing on a land use workshop in March and April. If commissioners are interested in attending, the city will pay expenses. Ken Roberts, associate planner, spoke about the new Goodrich Golf Dome. He said the city has closed on the purchase, for open space, of the Stielow property on Sterling and Carver by the ski jump. IX. ADJOURNMENT The meeting adjourned at 8:08 p.m. MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Conditional Use Permit and Design Review American Portable Telecom Monopole English Street and Gervais Avenue March 5, 1997 INTRODUCTION Project Description Michelle Johnson, representing American Portable Telecom, Inc, is proposing to install a 165- foot-tall monopole for telecommunications equipment. They want to install this monopole on the vacant property on the southwest comer of English Street and Gervais Avenue, just north of Highway 36. (Refer to the maps and plans on pages 4 - 8 and the letter starting on page 9.) There also would be 5' x 3' x 3' prefabricated equipment cabinets near the base of the monopole. APT would lease an 80' x 80' area from the property owner and would enclose the lease area with an 8-foot-high chain link fence. Requests The applicant is requesting that the city approve: 1. A conditional use permit (CUP) for a monopole and related equipment in an M-1 (light industrial) zoning district. 2. The design, site and fencing plans. BACKGROUND On January 13, 1997, the council adopted the commercial use antenna and tower ordinance. DISCUSSION Conditional Use Permit The city council should approve this request. This project meets the requirements of the tower ordinance and the criteria for a CUP. The site design would be compatible with the adjacent commercial structures and uses. City staff received comments from two nearby property owners expressing concerns that the tower might cause interference with other radio and satellite systems. Ms. Johnson told me that the two systems are on different frequencies and should not interfere with each other. Design and Site Issues Access to the lease area and tower would be a driveway from English Street. The proposed monopole would be 249 feet from English Street and 118 feet from Gervais Avenue. The site design would fit in with the nearby commercial buildings. The CDRB should require the removal of any debris and general site clean up as conditions of this approval. RECOMMENDATIONS A. Adopt the resolution on pages 14 and 15. This resolution approves a conditional use permit to allow a 165-foot-tall telecommunications monopole and related equipment. This approval is for the vacant property on the southwest comer of English Street and Gervais Avenue. Approval is based on the findings required by the 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. Bo Approve the plans date-stamped February 12, 1997, for a 165-foot-tall telecommunications monopole and equipment on the vacant property on the southwest comer of English Street and Gervais Avenue. Approval is based on the findings required by code and subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued permits for this project. 2. Before getting a building permit, provide a grading, drainage, driveway and erosion control plan to the city engineer for approval. The erosion control plan shall meet all ordinance requirements. 3. Before getting a certificate of occupancy, the applicant shall remove and dispose of any debris and ensure that the site is cleaned up. 4. 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. 5. All work shall follow 'the approved plans. The director of community development may approve minor changes. 2 CITIZENS' COMMENTS I surveyed owners of the six properties within 350 feet of the proposed site. We received two replies. Both replies had concerns about the proposal. (See the comments on pages 12 and 13.) REFERENCE INFORMATION * SITE DESCRIPTION Site size: 67,776 square feet (1.55 acres) Existing land use: Vacant SURROUNDING LAND USES North: Vacant land across Gervais Avenue South: Metcalf Moving parking area and frontage road West: Outdoor storage area East: Truck Utilities across English Street PLANNING Land Use Plan designation: M-1 (light industrial) Zoning: M-1 Ordinance Requirements Section 36-600(5)(b)(1) requires a CUP for a tower in an industrial zoning district. Findings for CUP Approval Section 36-442(a) states that the city council must base approval of a CUP on nine standards for approval. Refer to findings one through nine in the resolution on pages 12 and 13. p:sec9~apttower.mem Attachments: 1. Location Map 2. Property Une/Zoning Map 3. Site Plan 4. Enlarged Site Plan 5. Elevations 6. Applicant's letter dated February 11, 1997 7. Metcalf Moving comments 8. 2-26-97 letter from Truck Utilities 9. Conditional Use Permit Resolution 10. Plans date-stamped February 12, 1997 (separate attachment) PALM CT. BEAM AVE. ~o~, Kohlman CT. Attachment 1 1. SUMMIT CT. _~ 2. COUNTRYV1EW C~R. ::: 3. DULUTH CT. ;uOH/V ~ 4. LYDIA ST. ~ ~O BEAM AVE. KOHLMAN AVE. u3 h COUN__.....~ ROAD J~ C ~ G Po~ o z ,,Z, ~J AV.'.E'~mEDC' NOR ~ WE. ~ DEMONT A~.. . ~ BROOKS ,~ GERVAIS VIKING z z BURKE C~ SHERREN AVE. Knu~eod~3e-j-{' ~ O [! ~lt L0k, AVE. ~ ~RK JUNCTION 'llmber sr~ "" ~ ELDR~ John G~nn co~S~ t~ ~i.~.~R GO~.FSKILL SKILL MAN AVE. ROSEWOOD AVE. AVE. S. FROST LOCATION 4 MAP Attachment 2 CO mmmmmmmmmmmmmmmmmmmmmmm ~.~'~'. G. ERVAIS AVENUE ~;~-- - :~ I UTDOOR STORAGE AREA (.,-o,,) I ~ETCALF MOVIN8 1255 ili SITE & o'1 2390 ~ TRUCK UTILITIES 2370 u~ : ~s ~c I.~,~,~..., VOMELA 2354 ........ ~ HIGHWAY 36 ~~. II , I I I I--- I . ~1~.,-~ I.[' NORTHERN ~:~),~ / ' .......... ~ .~1~ . "" .... '~":":,,:_ " Attachment 3 GERVAIS ST. PROPERTY LiNE PROPOSED APT COMPOUND - -- ~f PROPOSED APT SO MTR MONOPOLE PROPOSED APT o EQUIPMENT I '0 / PROPOSED APT 12' GATE I PROPOSED ACCESS EASEMENT F 31g'-11" SITE PLAN 1 "=60'-0' SITE PLAN 6 PROPOSED APT ANTENNAS FACING CT PROPOSED APT 50 METER TALL MONOPOLE PROPOSED APT ANTENNAS FACING 240' ANTENNA PLATFORM AT TOP OF TOWER WAVEGUIDE BRIDGE PROPOSED APT FOUNDATION ICE BRIDGE PROPOSED APT EQUIPblENT~ PROPOSED 12'-0" WIDE GATE PROPOSED 8'-0" HIGH CHAIN LINK FENCE W/ 3 STRANDS OF BARBED WIRE PROPOSED APT ANTENNAS FACING 120' 78'--0" / 80'--0" PROPOSED 80' X 80' LEASE AREA ENLARGED PLAN 1 "-16'-0" Attachment 5 UGH~NING ROD (T~) PROPOSEO APT ANTENNA5 FACING 0' PROPOSE0 APT N,,iT~NNAS FACING 240' PROPOS£0 APT ~A~ A~ P~ORM PROPOS~ ~T ~N~ FACING 12~ T/Akq'ENNA ~/ANT£NNA PROPOSED APT 50 U~I'[R MONOPOL£ PROPOSE0 APT EOUIPUEI,,rT PROPO$£O APT FOUNOATION PROPOSI:'0 8'-0' HIGH CHAIN LINK FENCE NORTH ELEVATION 1 '-20'-0' SOUTH ELEVATION l '= 20'7'0' 8 CELLULAR ADVISORS, INC. Attachment 6 1701 E 79th Street, Suite 19 Bloomington, MN 55425 (612) 658-0000 (612) 854.4105 Fax 11 February 1997 Melinda Coleman Community Development Director 1830 County Road B East Maplewood, MN 55109 RE: Application for Conditional Use Permit Proposed PCS Wireless Telephone Antenna Tower Site A1N050 Dear Ms. Coleman: This letter accompanies an application for a Conditional Use Permit for a proposed Personal Communications Services (PCS) wireless telephone antenna tower and cell site at 1300 Gervais Street in Maplewood, Minnesota. The property at issue is owned by Jalmer Berg. I have been authorized by APT to act as their representative for planning and zoning matters. APT is a subsidiary of Telephone and Data Systems, Inc. (TDS). TDS is a Chicago-based telecommunications company which provides cellular telephone, local telephone, and radio paging services to more than 1.9 million customers in 37 states and the Distdct of Columbia through its subsidiaries, including United States Cellular Corporation, TDS Telecommunications Corporation, and Amedcan Paging, Inc. APT directs PCS technology for TDS. APT is committed to providing PCS services to the Minneapolis-St. Paul Metropolitan Area. Last year, APT was granted a license by the Federal Communications Commission to operate a PCS Wireless Phone System in the Twin Cities market area as well as five other major markets in the United States. APT is the fifth largest PCS license holder in the United Stated in terms of population equivalents. PCS is one of the newest emerging Iow-power wireless technologies. PCS stands for Personal Communications Services and will truly allow businesses, individuals, and govemment services to communicate in an entirely new way. Although similar to traditional cellular systems, PCS will look, sound and work . better, With the added advantage of being able to provide fax service, paging, 9 computer data, and video transmission in just one portable handheld phone. PCS wireless is digital so it transmits with more cladty than cellular. Also, PCS is secure. User verification systems eliminate cloning and encryption prevents calls from being overheard. These are just some of the features PCS can offer. PROPOSED USE The site is currently being used for a parking lot. The site is zoned M-l, Light Industrial. APT is proposing to construct a 50 meter (approximately 165 foot) monopole on this site. There will be up to nine directional panel antennas (77" high x 6" wide x 1.5" deep) mounted on the tower. These panels operate within the 1.9 GHz to 2.2 GHz radio frequency range. Unmanned prefabricated equipment cabinets measuring approximately 5' high x 3' wide x 3' deep will be located near the base of the tower. Typically, these equipment cabinets are connected to the antennas by a I 5/8" cable (each antenna requires one cable run). The communication equipment requires 100 amp, 220 volt, single phase electrical service. The antennas will transmit and receive Iow power radio signals. The tower will be constructed of galvanized metal which weathers to a light gray color. The antennas and tower are not required to be lighted, according to FAA requirements. ZONING AND CONDITIONAL USE REQUIREMENTS This proposed use will be in conformity with the City's comprehensive plan and Code of Ordinances. An ordinance specifically addressing the placement of telecommunications towers has recently been adopted in the city of Maplewood. Light Industrial is a zoning classification that was recognized as being appropriate for this use if all conditions are met. In fact, it is the number one primary land use suggested for tower sites when a co-location opportunity cannot be found. In this case, there are no available co-location opportunities within a one-half mile radius of the proposed site. Our antennas must be located at 165 feet. There are no structures of a sufficient height to accommodate those needs. The proposed use will not impair the use and enjoyment of surrounding property nor impede its normal development. Currently, the proposed site is adjacent, to parking on both the south and the west side. To the east are industrial land uses. The land to the north is vacant at this time. The use will require little maintenance so it will not be distracting to the surrounding property uses. No personnel will be stationed at the site. The equipment cabinets are not equipped with water or sewer facilities, nor are they large enough to house employees. The cabinets are intended only to enclose and protect the electronics. No signs will be posted on the tower or cabinets except applicable warning or equipment information signs. Traffic will not increase due to the use and it will not create unsafe access on related streets. There is no information which indicates that the construction of this site would diminish or impair property values within the area. l0 There are no activities associated with this use which would produce airborne emissions, odor, vibration, heat, glare, radioactive materials, or loud noises. All equipment and materials needed to operate the site are located within the equipment building. 'Heating, ventilating, and air conditioning equipment are located within the cabinets. Since the site does not have water or sanitary facilities, it will generate no waste water. Current levels of all public facilities and services are adequate to meet any needs of this use. Interference is not generally a concern because all users operate on different frequency levels. However, APT maintains compliance with all FCC regulations and if a problem were to arise, APT would act promptly to correct it. Enclosed please find a completed Application for CUP, a completed application to the Community Design Review Board, fourteen (14) copies of the site plan, one copy of the site plan reduced to 8 %" x 11", a letter of intent to allow co- location on this tower, design specifications for this monopole tower which show the tower wind loading criteria and the availability for co-location, mailing labels for the property owners within 350 feet of the proposed site, and a check in the amount of one thousand, one hundred and forty-six dollars ($1146). APT respectfully requests that this proposal be placed on the Review Board Agenda for February 24, 1997. APT appreciates the assistance you have provided and looks forward to working with you to provide PCS wireless capability in the city of Maplewood. If you have any further questions or concerns, please feel flee to contact me. Sincerely, Michelle R. Johnson Zoning Coordinator, Cellular Realty Advisors, Inc., on behalf of APT 858-0090 (office), 854-4105 (fax) Attachment 7 CITY OF MAPLEWOOD 1830 E. COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 57 AA METC&LF MOVING AND STORAGE COMPANY INC 1255 VIKING DR E MAPLEWDOD MN 5510g-20~6 February 19, 1997 This survey is to get your opinion on an application. Maplewood has received for property in your . n..-:i..3hbc.-h.,~.od. Thc app!i~-,~tiom !., to build.'~. !65-foo*,.-tall m~nopole for telecommunications equipment on the southwest'comer of' English Street and Gervais Avenue. (See the enclosed maps and letter.) The applicant is American Portable Telcom (APT).. I need your opinion to help me prepare a recommendation to the planning commission and city council. Please write your opinion and comments below. Return only this cover letter(and any attachments on which you have written comments) to me in the enclosed postage-paid envelope by March 1, 1997, If you want more information, please call me at 770-4566 between 8 a.m. and 5 p.m. I will send you a notice of any public hearings on this application. Thank you for your comments. I will give 'themcareful ' ' )j KENNETH ROBERTS - ASSOCIATE PLANNER Enclosures I am for this proposal because '1 If you object, describe below or draw on the enclosed map(s) any changes that would make this application acceptable. If no changes would make it acceptable, how should the owner develop or use this property? Use the reverse side if you need more room. (Proje~: APT Tower) (Se~ion: 9) 12 TRUCK UTILITIES FG. CO 2370 English Street at Highway 36 February 26, 1997 St. Paul, Minnesota 55109 - 2098 City of Maplewood Office of Community Development 1830 East Co. Rd. B Maplewood, MN 55109 Attn: Mr. Kenneth Roberts Re: Telecommunications Tower Attachment 8 (612) 484-3305 Fax: (612) 484-0076 Track Utilities has recently given the O.K. on the proposal to erect a communications tower, but after talking to Mr. Allen Metcalf, he brought up a concern which we never thought of. As you know, Metcalfhas a large number of tractor trailers that are used in his moving company operation. His concern is that the tower, with all of its telecommunication equipment, could interfere with his GPS tracking systems, and also his communications with his vehicles. His tracking system is essential to his company as is communication with his drivers. These questions have to be addressed before we can make an objective decision by Track Utilities. We would like this resolved before any hearings. perely' Vice Presidem Track Utilities & Mfg. Co. 13 Your truck equipment specialists Attachment 9- CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ms. Michelle Johnson, representing American Portable Telecom (APT), Inc. applied for a conditional use permit to install a 165-foot-tall telecommunications monopole and related equipment. WHEREAS, this permit applies to the property on the southwest corner of English Street and Gervais Avenue. The legal description is: Subject to streets; except the South 100 feet; the East 353 feet of Block 24, Clifton Addition in Section 9, Township 29, Range 22 in Ramsey County, Minnesota. (PIN 09-29-22-41-0019) WHEREAS, the history of this conditional use permit is as follows: 1. On March 3, 1997, the planning commission recommended that the city council approve this permit. The city council held a public hearing on March 24, 1997. 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. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 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 Maplewood City Council approved this resolution on 1997. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Thomas Ekstrand, Associate Planner National Tire Warehouse White Bear Avenue March 5, 1997 INTRODUCTION Project Description National Tire Warehouse (NTW) is proposing to build an 11,394-square-foot facility south of the Mogren Brother's Landscaping building. This is the northerly half of the Mogren outside-storage yard. Refer to the maps on pages 9-11 and the narrative on pages 12-13. The proposed building would have an exterior of fluted and split-face concrete block. The front elevation will also have an accent of stucco or dryvit (exterior insulation finish system). Refer to the elevation drawings. Requests The applicant is requesting approval of: A 60-foot wetland buffer variance. City code requires a 100-foot-wide setback (wetland buffer) from the wetland edge behind the proposed building. The wetland buffer is to protect the adjacent wetland to the east - this is classified by the Ramsey-Washington Metro District as a Class 1 wetland. Class 1 wetlands are those with conditions and functions most susceptible to human impact, are most unique, have the highest community resource significance and similar characteristics. The applicant is proposing a buffer which ranges from 40 to 65 feet, as measured from the wetland edge to the closest point of ground disturbance. Refer to the NTW's variance statement on page 13. 2. A conditional use permit (CUP) for a maintenance garage consisting of Wheel and tire installation, brake servicing, shocks/strut installation and alignments. 3. Architectural, site and landscape plans. DISCUSSION Wetland Buffer Variance The watershed district is in favor of the proposed wetland setback reduction. According to Pat Conrad of the watershed district, the existing buffer next to the wetland is a gravelled area that does not serve as a wetland buffer. Mr. Conrad feels it would be beneficial if NTW would provide a quality buffer as proposed in lieu of the existing noneffective buffer. Refer to the letter on page 14. Mr. Conrad, furthermore, is supportive of the two proposed stormwater ponds to treat the runoff before it enters the wetland. Staff supports the proposed variance based on this acceptance by the watershed district. This is the same basis for approval as for the variance granted to Lexus to provide an improved 25-foot-wide wetland buffer in lieu of the existing poor-quality 100-foot-wide buffer. Conditional Use Permit The proposed facility would meet the findings for CUP approval. This business would be compatible with the existing development in the area. Design Considerations Aesthetics The proposed development. plus since tire building would be attractive and would be compatible with other nearby The applicant would store all new and used tires inside the building. This is a storage is often an eyesore associated with tire installation shops. Landscaping The applicant should revise the landscape plan as follows: 1. Substitute the amur maple trees with a different species. The city does not allow amur maples since they are not a native species to Minnesota. 2. Substitute the seed mixture west of the wetland with MnDOT seed mix #250. This seed mixture is recommended by Pat Conrad of the watershed district. 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 estimates the project cost at $500,000 to $510,000. The Chanhassen code requires that NTW 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.) NTW explained that their landscaping would cost $7,500 to $10,000. According to the Chanhassen code, NTW would have to spend $10,200 on trees and shrubs. The proposed landscaping would not meet the 2% requirement, but is attractive and would be a generous landscape plan for the site. This is an example of an acceptable plan that does not comply with the Chanhassen code. Curbing The applicant is proposing to curb the connecting driveways to the Mogren Brothers site to the north. Mogren Brothers Landscaping needs an open driveway to access their site. The applicant should revise the site plan to show a 24-foot-wide driveway opening in the proposed driveway south of the Mogren building. Roof-Equipment Screening The community design review board (CDRB) recently waived the rooftop equipment screening requirement for Home Depot, Cub Foods, Lexus, Maplewood Imports and the proposed Maplewood Toyota and LaMettry Auto Repair buildings. They felt that screening would be more 2 noticeable than the equipment itself and would eventually become unsightly and need repair. The CDRB should consider waiving the screening requirement for NTW. If so, the code requires that the rooftop equipment be painted to match the building. RECOMMENDATION Ao Adopt the resolution on pages 15-16, approving a 60-foot wetland buffer variance for the proposed National Tire Warehouse on White Bear Avenue. Approval is based on the following findings: Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The difficulty was created by the new ordinance. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the quality of the wetland buffer substantially over its present state. Approval is subject to the applicant doing the following: Dedicating a wetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a building permit. 2. Dedicating a drainage easement over that part of the entire property (including the area on the abutting site to the south) below the elevation 919.5. Adopt the resolution on pages 17-18 approving a conditional use permit for a maintenance garage at the proposed National Tire Warehouse on White Bear Avenue. 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. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. Approve the plans, date-stamped January 30, 1997, for proposed National Tire Warehouse on White Bear Avenue, based on the findings required by the code. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 3 Before getting a building permit, the applicant shall: a. Dedicate and record a wetland-buffer easement for that part of the wetland buffer on the National Tire Warehouse site. This easement shall describe the boundary of the wetland buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. b. Dedicating a drainage easement over that part of the entire property (including the area on the abutting site to the south) below the elevation 919.5. c. Revise the plans as follows for staff approval: (1) Substitute the amur maple trees with another species, for example, a variety of crab apple tree. (2) Substitute the MnDOT seed mix #1200 with mix #250 as requested by the watershed district. (3) Show sod on the north, south and west sides of the building. The only seed allowed may be behind the building. The areas to be sodded include the contiguous parts of the Mogren property to the north and the boulevard. (4) Revise the site plan to show a 24-foot-wide driveway connection to the Mogren Brothers Landscaping site. d. Submit grading, drainage, utility and erosion control plans to the city engineer for approval. e. Dedicate and record cross easements for access between this site and the abutting properties. The applicant shall complete the following before occupying the building: a. Install reflectorized stop signs at both exits, a handicap parking sign for each handicap parking space and an address on the building. b. Post a "no left turn" sign at the southerly curb cut. c. Provide continuous concrete curb and gutter on both sides of the southerly driveway as shown on the site plan. d. Paint the rooftop mechanical equipment to match the color of the upper part of the building. (code requirement) The community design review board waives the requirement for enclosures around this equipment. e. Construct the trash dumpster enclosure of the same materials and color as the building, f. Install an in-ground lawn irrigation system for all landscaped areas. (code requirement) 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. 5. This approval does not include the signs. Signage will be reviewed by staff through the sign permit process. 6. All work shall follow the approved plans. The director of community development may approve minor changes. 5 CITIZENS' COMMENTS I surveyed the 17 property owners within 350 feet of this site. Of the six replies, three were in favor, one objected and two had no comment. In Favor 1. It is consistent with the development in the area. (Mogren Brothers, 2855 Frederick Street) 2. It would clean up the existing materials. (Rawlings, 1497 White Bear Avenue) 3. It will improve the look of the property fronting White Bear Avenue. Do Mogren's have any specific plans for developing the remaining property? (Bachman, 6010 Lyndale Avenue) Opposed There still seems to be a potential for gas and oil runoff into the wetland. Also, is this a noisy operation? (Pariseau, 4971 Bald Eagle Avenue) REFERENCE INFORMATION SITE DESCRIPTION Site size: 2.61 acres Existing land use: Outside storage yard for Mogren Brothers landscape materials SURROUNDING LAND USES North: Mogren Brothers Landscaping and a multi-tenant office building South: Single dwelling and a dental clinic West: White Bear Avenue and Mapleridge Center East: Undeveloped wetlands PAST ACTIONS Other Wetland Setback Variance Approvals February 26, 1996: The city council approved a 75-foot wetland setback variance for Lexus on Highway 61. Code required 100 feet. Lexus was required to provide a "improved, quality" 25- foot-wide buffer in lieu of the poor-quality 100-foot-wide buffer that was there. December 9, 1996: The city council approved a 50-foot wetland setback variance for Maplewood Imports on Highway 61. Code required an average of a 100-foot setback from the wetland edge with a minimum of 50 feet. The council allowed Maplewood Imports to build up to the wetland edge. December 9, 1996: The council approved a 60-foot wetland setback variance for Frank Wienicki of General Sprinkler. Code required 100 feet. Mr. Wienicki proposes to build on the south side of County Road D east of Highway 61. PLANNING Land Use Plan designation: BC (business commercial) Zoning: BC Ordinance Requirements Section 36-151(b)(9)(c) requires a CUP for maintenance garages. Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot-wide wetland buffer for the proposed NTW site. '7 Section 25-70 of the city code requires that the CDRB make the foilowing findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the' desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Findings for Variance Approval State law requires that the city council make the following findings to approve a variance from. the zoning code: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship," as used in granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Criteria for Conditional Use Permit Approval Section 36-442(a) states that the city council may approve a CUP, based on nine standards. (See findings 1-9 in the resolution on pages 17-18.) p:secl l\nattire.cu p Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's narrative 5. Letter from the Ramsey-VVashington Metro Watershed District dated February 14, 1997 6. Variance Resolution 7. Conditional Use Permit Resolution 8. Plans date-stamped January 30, 1997 (separate attachment) ; '/O/wv ,~ z ~ AVE. Attachment 1 WOODLYNN AVE. AVE. E ~ BEAM AVE. ~ ~ J MAPLE VIEW AVE. RADATZ EJ AVE. ~ AV I ' @ NORTH ...q41NT PAUl. COUN'i3' ~ ~  COURT KOHI..~,~ DEMONT BROOKS AVE. Z Lake AVE. EDGEHILL RD. N AVE. co~E AVE. CT. RD. O' 1700' 5400' 0" 1" 2" SCALE LOCATION9 MAP 1 ~ Attachment 2 J ~ OAK 0 EDGEHILL MOGREN BROTHERS LANDSCAPING ' \ "J~ i .,' '~ I ,,,:' : AUTO CENTE,R ~-I ,,~ <'ir': ~ ~ ' NATIONAL TIRE ~ ( , ~EHOusEs~TE MAPLERIDGE ~ ~ SHOPP]~ CENTE~ ' I I RAINBOW FOODS :~t ,h~ ~'~ n;~ ~ n: ~ ~ ,,/~ J '~~ ~'~'~ ~ENTAL .~ ' t tDENTAL OFFIgE ' ~" I OFFICE · " ~ II ~-,-,') J I .'.j Attachment 3 .! o 4o 8o SITE PLAN 11 Attachment 4 Supplemental Information Regarding: Proposed National Tire Warehouse (NTW), Maplewood Minnesota Background The subject property is located on White Bear Avenue adjacent to Mogren Brothers Landscape Company (2582 White Bear Avenue). The site has been owned by the Mogren's since the 1960's. National Tire Warehouse (NTW) is purchasing the north ½ of the five acre site. The remaining property will be sold by the Mogren's for a second use. An application for an administrative subdivision will be submitted. The eastern portion of this site contains a class I wetland as shown on the Site Plan. The wetland edge was delineated by Patrick Conrad with the Ramsey Washington Metro Watershed District. The subject property has been used by Mogren Brothers Landscape Company to store landscape materials and equipment since the 1960's. These materials are currently piled down to the wetland edge. Proposal National Tire Warehouse proposes to build a 11,394 square foot building on the site. The site plan shows parking for 58 vehicles which exceeds the City requirements for a facility &this type and size. NTW is a specialty retailer engaged in the following activities: · New tire (passenger cars and light duty trucks) sales and installation · Brake service · Shocks and strut sales and installation · Alignments and associated repairs · Custom wheels sales and installation All service work takes place inside of the building in a guaranteed 59 minute or less. No vehicles will be left outside overnight. NTW will be open Monday through Saturday 7:00 a.m. to 9:00 p.m. and on Sunday from 8:00 am to 6:00 p.m. Based on comparable facilities NTW will employ 20 full and part time employees at this store. The building is constructed of 8" or 10" load bearing, painted, split faced CMU (concrete masonry union / blocks) to a height of approximately 23'-0". The ceiling height is approximately 18' - 0" leaving approximately five feet of wall height for screening of roof top mechanical equipment. The store front facing White Bear Avenue will have typical glass and aluminum store front entrance with an E.I.F.S. each side. The roof system is steel bar joist spanning up to 64' - 0" between the CMU walls, covered with a metal deck, rigid insulation and a bitumen roofing membrane. 12 The dumpster area is a concrete pad of 10' - 0" x 13' - 4", enclosed with 8" CMU similar to the building, to a height of 6' - 4", painted to match the building, with a 9' - 4" pair of chain link fence gates, with black privacy slats. All new and used tire storage is inside of the building. Variance The proposed site plan requires a variance from the City's wetland setback ordinance. City ordinance requires a 100 foot setback from a class 1 wetland edge. The purposes for the setback include the protection of the wetland from direct discharge of.sediment or pollution laden stormwater runoff and the preservation of wildlife habitat. The Site Plan shows parking lot improvements within 45 feet of the wetland. The average setback is approximately 65 feet. The variance is necessary for the construction of a facility of this type. The applicant has looked at various building and parking configurations, before settling on the plan that has been presented. For an efficient business operation NTW must have the ability to access both the front and back of the building with customer and delivery vehicles, and must have at least the number of service bays and parking stalls proposed. The proposed plan has the least encroachment of the options examined by NTW. The applicant proposes to mitigate the encroachment by improving the conditions of the buffer area and by pre-treating the stormsewer discharge to remove sediment before it enters the wetland. As mentioned above the wetland buffer area is currently a gravel covered storage area for landscape materials and equipment. The propose landscape plan shows the area revegitated with native grasses and wildlife "friendly" trees and shrubs. These improvements will enhance the visual appearance of the area, while at the same time providing new upland habitat for wildlife. Each catch basin will have a sump to remove course sediment and at both of the stormsewer outlets there is a small pond to further promote sediment removal. NTW commits to a quarterly program of sediment removal from these facilities to assure their effectiveness. 13 Attachment Ramsey-Washington Metro. t902 East County Road B Maplewood, MN 55t09 (612) 777-3665 fax (6t2) 777-6307 February 14, 1997 Mr. Tom Eckstrand Maplewood Community Development 1830 E. County Road B Maplewood, MN 55109 RE: National Tire Warehouse Dear Tom: Thank you for submitting the Project Review Form to the Watershed District for our comments. I will limit my comments to the proposed variance to the wetland setback ordinance. I have met with the National Tire Warehouse people and my suggestions have been incorporated into these plans. The District's view is that currently the buffer to the wetland is a graveled area right up to the edge of the wetland along a majority of the property line. The applicant is proposing to stay an average of 65 feet away from the wetland and then revegetate the remaining area to create a buffer to the wetland that is not there right now. The applicant is also proposing to create two small stormwater ponds to treat the runoff off his site before it enters the wetland. This also will allow the buffer to perform a function that it is not currently performing. In general, I would say that this project will result in an improvement to the wetland buffer and we would definitely support the request for the variance. Furthermore, these are the types of things the District is looking for to mitigate for the strict requirements of the setback ordinance. Please contact me at 777-3665 if you have any questions regarding this matter. Patrick~ o~~ad District Technician 14 Attachment 6 VARIANCE RESOLUTION WHEREAS, , applied for a variance from the zoning ordinance. WHEREAS, this variance applies to property south of 2582 White Bear Avenue. The legal description is: The North 211.00 feet of the following-described parcel: That part of the South 4 acres of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the center line of White Bear Avenue, except the North 5 feet thereof, Ramsey County, Minnesota. WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot-wide wetland buffer. WHEREAS, the applicant is proposing a wetland buffer ranging from 40 to 65 feet. WHEREAS, this requires a variance of 60 feet. WHEREAS, the history of this variance is as follows: 1. On ,1997, the planning commission recommended that the city council approve this variance. The city council held a public hearing on ,1997. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The 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 masons: Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The difficulty was created by the new ordinance. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the quality of the wetland buffer substantially over its present state. Approval is subject to the applicant doing the following: 1. Dedicating a wetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a building permit. 15 2. Dedicating a drainage easement over that part of the entire property (including the area on the abutting site to the south) below the elevation 919.5. The Maplewood City Council adopted this resolution on ,1997. 16 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, National Tire Warehouse. applied for a conditional use permit for a motor vehicle maintenance garage for the new National Tire Warehouse facility: WHEREAS, this permit applies to property on the east side of White Bear Avenue south of 2582 White Bear Avenue. The legal description is: The North 211.00 feet of the following-described parcel: That part of the South 4 acres of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, lying Easterly of the center line of White Bear Avenue, except the North 5 feet thereof, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On ,1997, the planning commission recommended that the city council approve this permit. On ,1997, 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 city 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 city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 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. 7. The use would not create excessive additional cOsts for public facilities or services. 1'7 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. 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. 3. The city council shall review this Permit in one year. The Maplewood City Council adopted this resolution on ,1997. 3.8