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HomeMy WebLinkAbout02/05/1996MAPLEWOOD PLANNING COMMISSION Monday, February 5, 1996 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Minutes a. January 2, 1996 b. January 16, 1996 4. Approval of Agenda 5. Unfinished Business a. Lexus Dealership - Highway 61 North Wetland Buffer Variance Conditional Use Permit New Business a. Hideaway Lounge Conditional Use Permit (70 County Road B) b. 1995 Annual Report o Visitor Presentations Commission Presentations a. January 22 Council Meeting: Mr. Rossbach b. February 3 Joint Meeting with council: Ms. Coleman c. February 12 council Meeting: Ms. Fischer Staff Presentations Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. o 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. o 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 JANUARY 2, t996 I. Call to Order Chairperson Axdahl called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Lester Axdahl Commissioner Bunny Brueggeman Commissioner Barbara Ericson Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Kevin Kittridge Commissioner Dave Kopesky Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson Present Present Present Present Present Present Present Present Present Present III. APPROVAL OF MINUTES Commissioner Rossbach moved approval of the minutes of December 4, 1995, as submitted. Commissioner Kittridge seconded. Ayes-all The motion passed. IV. APPROVAL OF AGENDA Commissioner Thompson moved approval of the amended agenda, adding Item 9.c. January 8 Council Meeting. Commissioner Frost seconded. Ayes-all The motion passed. V. PUBLIC HEARINGS A. Ismaili Muslim Community Church--1460 Skillman Avenue: Land Use Plan Change (L to C), Conditional Use Permit, and Street Right-of-Way Vacation Ken Roberts, associate planner, read the public hearing notice and presented the staff report. Mr. Roberts answered questions from the commission. Val Parranto Davis, attorney for the church, also answered questions. She said the church had no problem with any of the conditions. A member of the church said the congregation was composed of mostly professional people, many who were originally from India, Pakistan, and East Africa. He said their church services would primarily be on Friday evening and Sunday morning. The church has approximately 100- 125 members. Chairperson Axdahl asked for comments from the public. Wallace Ristow, 2019 Dieter Street, asked if the area was large enough for future expansion of the church. He also asked if the requirement to clean up the area would include the pillars of concrete buried on the site. The Planning Commission Minutes of 01-02-96 -2- church member responded that the building was more than adequate because the size of the community has remained stable. He also said they planned to maintain the property and upgrade the building. Dawn Anderson Johnson, 1459 Skillman, was concerned about any planned changes to the exterior and interior of the building and the amount of traffic that would be generated. The church representative responded that traffic would be minimal. He said they were uncertain about exterior changes but the inside would be remodeled to include a prayer hall and classrooms for the children. Since there were no further comments, the public hearing was closed. Commissioner Kittridge moved the Planning Commission recommend: Adoption of the resolution which changes the land use plan for the property at 1460 Skillman Avenue. This change is from L (library) to C (church). The city should approve this change because: 1. A church would have less affect on neighborhood traffic than an office building or the former library. 2. A church would be just as compatible as an office or library with the existing and planned land uses around this site. Adoption of the resolution Which approves a conditional use permit for a church at 1460 Skiliman Avenue. The council should approve this resolution based on the findings required by the city code and with the following conditions: All construction shall follow the plans the city received on November 15, 1995. The Director of Community Development may approve minor changes. The city council must approve a conditional use permit revision for any expansion of the church building or parking lot. 2. The building must be used for a church within one year of council approval or the permit shall end. The city council may extend this deadline for one year. 3. Fill any potholes in the parking lot and driveways (code requirement). 4. Sweep and restripe the parking lot to current city code requirements. 5. Remove and clean up any junk or garbage on the property. o The church shall keep any outdoor trash or recycling containers in a 100 percent opaque enclosure, as required by code. The design of the enclosure shall be subject to staff approval. 7. The city council shall review this permit in one year. C. Adoption of the resolution which vacates the Barclay Street right-of-way between Skillman Avenue and the DNR Gateway Trail. The city should vacate this street right-of-way because: 1. It is in the public interest. 2. The city has no plans to build a street in this location. Planning Commission Minutes of 01-02-96 -3- 3. The adjacent properties have street access. 4. The county has been using this right-of-way for a parking lot. Commissioner Frost seconded. Ayes-all The motion passed. VI. OLD BUSINESS A. Shoreland Ordinance Ken Roberts, associate planner, presented the staff report. He said this ordinance was given to the commission again because, after a considerable delay, the DNR had requested some minor changes. Mr. Roberts then answered questions from the commission. Commissioner Rossbach questioned the section that stated a lot division should not result in the creation of more than three lots. Mr. Roberts explained that lot divisions can be done with administrative approval. The creation of four or more lots would require a preliminary plat application and council approval. Commissioner Rossbach commented about the limitations of PUDs by requiring them to have more than one use. The commission and staff discussed the restrictions of the ordinance on anything but routine maintenance of vegetation in the shoreland. Commissioner Frost moved the Planning Commission recommend adoption of the corrected shoreland ordinance, adding the word Uthe" on page 9, (h), (5) before ~[[tJg.~3_.~Y.~ and changing page 23, c., first line, to read "shall not grade bluffs." Commissioner Rossbach seconded. Commissioner Axdahl asked if lot division requests to add a home near the lake in the Arcade/Keller area would be affected by the setback requirements of the ordinance. Mr. Roberts said the biggest problem encountered is the lack of frontage on a public street required by the subdivision code. Ayes-all The motion passed. VII. NEW BUSINESS A. Adult Use Ordinance Ken Roberts, associate planner, presented the staff report and answered questions from the commission. Melinda Coleman, director of community development, suggested that Pat Kelly, the Maplewood city attorney, be asked for specific comments on how the ordinance relates to the comprehensive plan. Commissioner Thompson felt the ordinance should clearly state that the distances cited will cross geo-political boundaries in interpretation and application. Mr. Thompson also thought the ordinance should specifically designate the Maplewood department that would handle any citizen complaints. Ms. Coleman said this would be a licensed facility and complaints should be handled by the police department. Licenses are issued through the city clerk's office and can be revoked. VIII. Planning Commission Minutes of 01-02-96 Commissioner Ericson asked about the possibility of having a further definition of holding corporations so that names of actual owners could not be hidden. Ms. Ericson was also of the opinion that a person who had previously had an adult-use license revoked should become permanently ineligible for any future such license. Commissioner Rossbach felt this consequence was too harsh for a misdemeanor, but was agreeable to requiring a longer period of time before issuance of a new license. Commissioner Kittridge thought the proposed ordinance seemed very tight and anticipated no problems. Commissioner Rossbach moved the Planning Commission recommend acceptance of the adult entertainmentJsexually-oriented business ordinance, amended as follows: (1) page 9, Section c. 2. -further define holding corporation so identity of owners is public, (2) page 10, Section 3. (a) - delete last sentence, "upon rejection of any applications for a license, the finance director shall refund the amount paid," (3) page 11, Section 5. (f) - add "has had an adult use license revoked under an ordinance or statute similar to this ordinance, (4) page 12, Section 9. (a), (b), and (c) - delete "in Maplewood" and add "in any city," and (5) page 15 - add a new section after d. to address compliant processing. Commissioner Pearson seconded. Ayes-all The motion passed. VISITOR PRESENTATIONS There were no visitor presentations. IX. COMMISSION PRESENTATIONS A. December 11 Council Meeting: Mr. Kittridge reported on this meeting. B. December 18 Council Meeting: Ms. Frost reported on this meeting. C. January 8 Council Meeting: A representative is not necessary for this meeting. Commissioner Rossbach recommended that the planning commissioners, as they travel, observe various communication towers to aid in forming an opinion on their shapes and sizes. He related a personal experience where a tower blended so well with the environment that he was almost unaware of it. X. STAFF PRESENTATIONS There were no staff presentations. Xl. ADJOURNMENT The commission adjourned at 9:12 p.m. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 16, t996 I. Call to Order Chairman Axdahl called the meeting to order at 7 p.m. II. ROLL CALL Commissioner Lester Axdahl Commissioner Bunny Brueggeman Commissioner Barbara Ericson Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Kevin Kittridge Commissioner Dave Kopesky Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson Present Present Present Present Present Present Present Present Present Present III. APPROVAL OFAGENDA Commissioner Frost moved approval of the agenda as submitted. Commissioner Pearson seconded. Ayes-all The motion passed. IV, NEW BUSINESS A. Lexus Dealership---Highway 61 North: Wetland Buffer Variance and Conditional Use Permit Ken Roberts, associate planner, presented the staff report and answered questions from the commission. Commissioner Thompson was concerned about the dumping of snow on the back of the lot in the buffer area. Ken Haider, city engineer, said the city does use areas adjacent to wetlands and ponds for snow disposal because no other place is available. He said the intent of the dumping restriction in this easement was meant to be debris, tires, etc. Commissioner Frost asked about a provision for maintenance of the catch basins and protection of the quality of the drainage. Mr. Haider said curbs would be required to direct the runoff. John Dietrich of RLK Associates, representative for the Luxus dealership and Ryan Construction, was present. Mr. Dietrich said they read the staff report and concurred with the recommendations. He said all uncontrolled runoff will be channeled through catch basins down to the Iow level of the wetland with proper erosion and sediment control systems in place. Mr. Dietrich also pointed out the location of the three proposed catch basins. Mr. Haider asked the commission to keep in mind that, although this is a wetland, it also is the conveyor of the storm water from a large portion of White Bear Lake and Highway 61. Commissioner Rossbach said he was disturbed by the proposal. Mr. Rossbach said he was told that wetland buffers less than 75 feet are almost worthless and, therefore, the 25-foot buffer would afford no protection for the Class 1 wetland. He said that when the owners filled the property, the displaced dirt caused problems for the adjoining property because the soil they propose to build on is muck. Mr. Rossbach also felt that the runoff from the dealership would be Planning Commission Minutes of 01-16-96 -2- unprotected and would be dumped in the wetland. He said the developer was planning to bypass the buffer with catch basins. Mr. Rossbach also indicated that other wetlands to the north are filtering some of the runoff from White Bear Lake and Highway 61. He favored a bigger buffer area and controls to cleanse the drainage before it goes into the wetland. Commissioner Fischer asked if skimmers the city required on another dealership site in Maplewood were effective. Mr. Haider said, to the best of his knowledge, there has been no testing or evaluation on the previous application. Commissioner Kittridge said he thought the city had made a commitment to better protect the environment for the future and he wasn't sure if this proposal would be a step in that direction. Ms. Coleman, director of community development, said the watershed, in a meeting with the city and applicant, supported this proposal and felt it would improve the buffer area and enhance the quality of the slope. She said the classification of the wetland as a Class 1 was questionable because it is filled with urban runoff. Ms. Coleman said future development of this site with a 100- foot setback requirement is unlikely because it would take about forty percent or more of the site. Mr. Dietrich said the watershed identified the Kohlman/NSP wetland basin in a functional classification for storm-water ponding. This high level of classification caused it to be put in the city's class of Group 1 wetland. He said they were willing to work with the watershed and perhaps put one outlet with a skimmer at the base of the slope. Commissioner Frost moved the Planning Commission recommend tabling this proposal until the February 5, 1996, Planning Commission meeting. It is requested that a representative of the watershed district be present at this meeting. Commissioner Rossbach seconded. Ayes-all The motion passed. B. AT&T Tower--1899 Clarence Street: Tower Moratorium Variance, Street Vacation (Curve Street), and Conditional Use Permit Ken Roberts, associate planner, presented the staff report. In response to a question from the commission about neighborhood opposition, Melinda Coleman, director of community development, responded that there doesn't seem to be the same level of concern for this proposal as the previous one on English Street. She received one phone call, and noted that some council members had received calls in favor of the tower at this location. Peter Beck, attorney for AT&T, and Ted Olson, property manager for AT&T, were present at the meeting. Mr. Beck said the proposed site is lower that the location originally proposed and will be less effective, but the tower would be at the same height (150 feet). He then showed pictures of the area on which the pole was drawn at scale and colored. Mr. Beck also said the applicant was agreeable to all conditions recommended by staff. Mr. Olson also answered questions from the commission. David Bartol, 1249 Fdsbie Avenue, said he spoke with Jan Sundgaard (the owner of a neighboring mobile home park and house). He said that Mr. Sundgaard was opposed to the tower. Mr. Bartol thanked the commission for the tower moratorium. He asked them to consider whether they felt they would approve this proposal after a year of study. If the commission is unsure, he recommended they table the application. Planning Commission Minutes of 01-16-96 -3- Commissioner Pearson moved the Planning Commission recommend: Ao Adoption of the resolution which apProves a variance from the monopole installation moratorium for AT&T's proposed 150-foot-tall cellular telephone tower at 1899 Clarence Street. Approval is based on the following reasons: 1. The proposed AT&T monopole and building installation would be compatible with the existing and proposed land uses and zoning. 2. Ninety-four percent of the surrounding neighbors notified of this project voiced no objection to this request. 3. The use would be in keeping with the spidt and intent of the ordinance because of compatibility. 4. The proposed facility is needed to improve service to AT&T's users based on their tower- spacing requirements. 5. The proposed monopole would not cause any radio or television interference. 6. The proposed monopole would be designed by a qualified structural engineer. 7. All setback and building code requirements would be met. 8. The facility has met with the approval of the Maplewood Community Design Review Board. B. Adoption of the resolution which vacates the Curve Street right-of-way between Summer Avenue and Frost Avenue. It would be in the public interest to vacate Curve Street because: 1. There are no abutting lots that could benefit from its construction. 2. The fight-of-way width is only 30 feet wide. The minimum right-of-way width required is 60 feet. 3. The city has no intention to build Curve Street. Approval of this vacation shall be subject to the city retaining an easement for utility purposes over, under and across all that part of vacated Curve Street adjacent to Block 6, GLADSTONE, Ramsey County, Minnesota, which lies Southerly of the Westerly extension of a line drawn parallel with and 20.00 feet Northerly of the South line of Lot 1 of said Block 6, and which lies Northerly of the Westerly extension of a line drawn parallel with and 10.00 feet Southerly of the North line of Lot 2 of said Block 6, GLADSTONE. Co Adoption of the resolution which approves a conditional use permit to allow a 150-foot-tall cellular telephone tower at 1899 Clarence Street. 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. Planning Commission -4- Minutes of 01-16-96 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 dedicate a utility easement for storm sewer purposes to the City of Maplewood over, under and across the North 10.00 feet of the West 65.00 of Lot 2, Block 6, GLADSTONE, Ramsey County, Minnesota. Do Approval of the plans date-stamped December 21, 1995, for a 150-foot-tall cellular telephone tower and equipment building at 1899 Clarence Street. Approval is based on the findings required by code and subject to the applicant doing the following: 1. Repeat this review in one year if the city has not issued a building permit for this project. 2. Obtain the following city council approvals: a. A variance from the moratorium ordinance. b. A conditional use permit. c. The vacation of Curve Street west of Woodbury Mechanical's property. Before getting a building permit the applicant shall submit revised building elevations, for staff approval, showing a hip roof on the proposed equipment building. The color of the building shall match, or be compatible, with Woodbury Mechanical's building. 4. Before getting a certificate of occupancy, the applicant shall: a. Remove and dispose of the round concrete culvert sections behind the Woodbury Mechanical building and make sure the site is cleaned up. b. Relocate or remove the semi-trailer, truck and small fiat-bed trailer from the north side of the Woodbury Mechanical building to allow access to AT&T's two parking spaces. c, Pave a driveway extension and two striped parking spaces for this facility (code requirement). 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. All work shall follow the approved plans. The director of community development may approve minor changes. Commissioner Frost seconded. Planning Commission Minutes of 01-16-96 -5- Commissioner Fischer commented that, since there was no ordinance at this time for guidance, placing a pole in a business commercial or manufacturing zone is better than putting it in a residential or open space area. Ayes-all The motion passed. C. Election of Officers Commissioner Frost moved that Les Axdahl be reappointed chairperson and Lorraine Fischer be reappointed Vice-Chairperson of the Maplewood Planning Commission. Commissioner Kittridge seconded. Ayes-Brueggeman, Ericson, Frost, Kittridge, Kopesky, Pearson, Rossbach, Thompson Abstention-Axdahl, Fischer The motion passed. VISITOR PRESENTATIONS There were no visitor presentations. VI. COMMISSION PRESENTATIONS A. January 8 Council Meeting: Ms. Coleman repOrted on this meeting. B. January 22 Council Meeting: Mr. Rossbach will attend this meeting. Commissioner Fischer commented that Carolyn Peterson, a member of the Maplewood Parks Commission who utilizes handicap parking, questioned the placement of these designated parking areas at the new Tri-District School. She explained that the requirements should be more than just meeting a specific number of spaces~distance from the doors should also be considered. Ms. Peterson plans to introduce this concern at a community design review board meeting. Commissioner Fischer asked about the Good Value application that was distributed with the agenda packet. Ms. Coleman said she would like the commission to give careful consideration to the request to upgrade the commercial zoning (LBC and commercial office) next to this site. VII. STAFF PRESENTATIONS Ms. Coleman requested that the planning commission meeting on February 19 be rescheduled to February 20 because of the holiday. It was agreeable with the commission to meet on the 20th. Ms. Coleman asked the commission to prepare a list of four issues to be discussed with the city council. This list will be presented at a meeting with the mayor, council and other advisory boards and commissions. Each board will then be given one-half hour to talk to the mayor and council about these items. The commission responded that they would like to discuss the following: (1) PUD ordinance, (2) commercial property study, (3) use of the Phalen Chain of Lakes Watershed district study and findings, and (4) public headngs at planning commission meetings. Planning Commission Minutes of 01-16-96 VIII. ADJOURNMENT The meeting adjourned at 8:48 p.m. -6- MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Thomas Ekstrand, Associate Planner Lexus Automobile Dealership Highway 61 January 29, 1996 INTRODUCTION The planning commission should act on the wetland buffer variance and the conditional use permit (Recommendations A & B). The community design review board should act on the design issues (Recommendation C). p:sec3\lexus2.mem MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Thomas Ekstrand, Associate Planner Lexus Automobile Dealership Highway 61 January 29, 1996 INTRODUCTION Project Description Ryan Companies is proposing to build an 11,000-square-foot, one-story Lexus dealership north of Venberg Tire on Highway 61. Refer to the maps on pages 8-10. The proposed building would be rock-face concrete block, EIFS (exterior insulation finish system), a stucco-look material and glass. Requests The applicant is requesting that the city council approve: A 75-foot wetland buffer variance. City code requires a 100-foot-wide wetland buffer along the east edge of this site. The wetland buffer is to protect the adjacent wetland to the east, 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 25-foot-wide buffer. Refer to the letter on pages 11-12. A conditional use permit (CUP) for a maintenance garage. The sale of new and used vehicles is permitted. City code, however, requires a CUP for service and maintenance of cars. 3. Architectural, site and landscape plans. BACKGROUND April 10, 1995: The city council approved a RLS (registered land survey) for the Ramsey- Washington Watershed District. The RLS created five tracts east of Highway 61 and south of County Road D. Tract E, east of the proposed Lexus site, was shaped to follow the outline of the existing wetlands. The watershed district owns Tract E. January 3, 1996: The Ramsey-Washington Metro Watershed District approved the grading permit for Lexus. According to Mr. Pat Conrad of the watershed district, their assessment of the adjacent wetland was to accept the proposed 25-foot-wide wetland buffer. It is still the city's decision whether or not to approve it, however. January 8, 1996: The city council ordered a water main extension project to provide city water to the proposed Lexus site. DISCUSSION Wetland Buffer Variance All setbacks meet code with the exception of the wetland setback to the east. The watershed district has agreed with the proposed 25-foot-wide wetland buffer, provided the applicant improve the quality of the buffer over its present condition. According to Cliff Aichinger of the watershed district, the buffer around the wetland is very poor. Even though the required buffer width is proposed to be only 25 feet wide, its quality would be enhanced by the applicant over its current state. Refer to Mr. Aichinger's letter on pages 16 to 21. The applicant's architect, RLK Associates LTD, has agreed to meet his requirements for improving the buffer. These improvements include reshaping the slope to a maintainable 3:1 ratio, planting a native wetland- sensitive seed mixture and controlling all the runoff with catch basins. Conditional Use Permit The city council should approve the CUP. The proposal would meet the findings for approval. Since the city council ordered the extension of water to this site, approval of this CUP should be contingent upon the city entering into a contract for the construction of the water main extension. Design Considerations The applicant proposes to store all refuse and parts within the building. There is no need, therefore, for an outdoor trash enclosure. If trash is kept outside anytime in the future, a permanent outdoor enclosure would be required. The rock-face concrete block and~EIFS exterior would be compatible with the other three auto dealerships south along Highway 61. The building colors should be submitted to the community design review board (CDRB) for approval. Landscaping The landscape plan is acceptable for the most part. The applicant, however, may need to add plantings along the wetland buffer if required by the watershed district. The applicant should also sod the boulevard instead of seeding it. Essentially, the boulevard is part of the front yard. It should be treated the same as the applicant's own property. Billboard Setback The future building expansion on the north end of the site would be too close to the existing billboard. The sign code requires that billboards be at least 100 feet from an on-site building or sign. According to the site plan, the billboard would be 37 feet from the future building. Lexus would have to apply for another CUP to be allowed to build within 100 feet of this sign. 2 Parking The applicant is proposing 117 parking spaces with the first phase-the code requires 55. The applicant proposes to use the remaining 62 spaces for auto-inventory parking. The city should require that Lexus post signs designating at least 55 parking spaces for their customers and employees. This is needed so they do not end up with the shortage of spaces and the congestion typical of auto dealerships. RECOMMENDATION Adopt the resolution on page 22. This resolution approves a 75-foot wetland buffer variance for the proposed Lexus dealership on Highway 61. 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: 1. Submitting a grading and landscaping plan subject to the requirements of the city staff and the Ramsey-Washington Metro Watershed District for the wetland buffer. 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. Adopt the resolution on pages 23-24. This resolution approves a conditional use permit for a maintenance garage at the proposed Lexus dealership on Highway 61. 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. Before the issuance of a building permit, the city must have a signed construction contract for the extension of the water main to the Lexus site. The water system must be operational before the issuance of a certificate of occupancy. 3 The future expansion is not allowed. The applicant must apply for design approval and an amendment to the conditional use permit prior to building this expansion. The future expansion must be at least 100 feet from the billboard. Approve the plans (stamped December 7, 1995) for proposed Lexus dealership on Highway 61 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. 2. Before getting a building permit, the applicant shall: Dedicate and record 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. Submit a revised landscape plan providing for any planting and ground reshaping or restoration of the wetland buffer as may be required by the Ramsey-Washington Metro Watershed District. Replace the seed on the Highway 61 right-of-way with sod if allowed by the Minnesota Department of Transportation. The right-of-way shall have an in-ground lawn irrigation system unless prohibited by MnDOT. Before the issuance of a building permit, the city must have a signed constr, uction contract for the extension of the water main to the Lexus site. The water system must be operational before the issuance of a certificate of occupancy. 4. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Install reflectorized stop signs at both exits, a handicap parking sign for each handicap parking space and an address on the building. c. Screen all roof-mounted equipment visible from streets or adjacent property. (code requirement) d. Construct a trash dumpster enclosure, subject to staff approval, if there would be outside trash storage. (code requirement) Install an in-ground lawn irrigation system for the parking lot islands and the sodded areas between the highway and the parking lot. Lawn irrigation in the right-of-way may be waived if MnDOT will not allow it. f. Post signs designating at least 55 customer and employee parking spaces. g. Post one-way traffic signs for the narrow driveway beneath the canopy on the south side of the building. The future expansion is not allowed. The applicant must apply for design approval and an amendment to the conditional use permit prior to building this expansion. The future expansion must be at least 100 feet from the billboard. 6. 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. This approval does not include the signs. Signage will be reviewed by staff through the sign permit process. All work shall follow the approved plans. The director of community development may approve minor changes. Traffic flow in and out of the Lexus dealership shall be reviewed by MnDOT. Any site plan change is subject to staff approval. REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.63 acres Existing land use: Backyard Building Systems shed sales lot and Rainbow Play Systems play equipment sales lot SURROUNDING LAND USES North: Owner-displayed used car sales lot South: Venberg Tire West: Highway 61 East: Vacant property (wetland) PAST ACTION May 28, 1991: The city council approved a variance waiving the requirement for in-ground lawn irrigation and approved the site plan for Backyard Building Systems. They display their buildings on the south half of the proposed Lexus site. September 28, 1992: The city council approved a CUP for Rainbow Play Systems. They display and sell backyard play equipment on the north half of the proposed Lexus site. June 13, 1994: The city council approved a CUP for a used motor vehicle sales lot for Clarence Lacktodn on the lot north of the proposed Lexus site. PLANNING Land Use Plan designation: M-1 (light manufacturing) Zoning: M-1 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 Lexus site adjacent to the lot to the east. Section 36-292(b)(2) requires that billboards be no closer than 100 feet to a commercial, industrial or institutional building or an on-site sign. Section 25-70 of the city code requires that the CDRB make the following 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 23-24.) p:sec3\lexus2.mem Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's Narrative Statement for the Variance Request dated December 5, 1995 5. Applicant's Conditional Use Permit Justification dated December 28, 1995 6. Letter from Cliff Aichinger dated January 26, 1996 7. Variance Resolution 8. Conditional Use Permit Resolution 9. Plans Date-stamped December 7, 1996 (separate attachment) Attachment 1 VADNAIS HDIGHTS CT. ".~, ....:.'~ ...: '? ,~ G'ERVAJS AV~. COJNT EDGEMII..L OF. MONT BROOKS LOCATION MAP 8 N 1320 1322 SPARKLE AUTO SALES 1")4 .20 0 ', v r...:- --$... i N ~. $0~c. $110 ~o~o '~ i~OAD D i,'h m ~ ~0. \5 I~IAPLEWOOD ( OWNER TO OWNER AUTOMART lOW PLAY SYSTEMS f ~,0. NSP SUBSTATION E WETLAND BACKYARD BUILDING SYSTEMS .~ VENBERi TIRE ~ p,~G; R~D 1~O 5, URVE (9) .~ ~ 2eeo PROPERTY LINE I ZONING MAP ~ PROPOSED LEXUS SITE : NO. .~' !"13 N Attachment 3 I I · ' I I /, t ~ I t t / t t %~..~ I I I I"m)POSL'D IrXUS II,ooo SITE PLAN 10 N NARRATIVE STATEMENT FOR VARIANCE APPLICATION Lexus Devdopmeut - Highway 61 Tract D sad G RLS No. ~2~ third parcel directly ~ of Treat D. T~ site iocat~ mi request for dev~l~ of Tracts D and (}will require a varianm to Socticm 9-196 va~hnd mi strmms, site plan approval, and a whereas a site plan approval applicatian is being submit~ ~ and a public heating for flJe watcrmain p~ is schMulM fro' January 8, 1996. The subject property has bern existing inits currmt state for decades, currently the sites contain a billboard and sheds for sale. The zoning classificati~l M-1 Light M~m~h~iug allows thc mstem p~ line of Tracts D md G. The delinmtkm and analysis was provided by the Watcmhedsmfl~ The w~hnd is classified as a Oroup 1 Wetland. TheCityofMaplewo~Zonin~ Code Section 9-196, W~Jands md Stmum, Itun (h) ~ i~,~i~_,~ fl~ awragc and minimum ~ of a Group I wethml~~ 100fl~ SUict~ofa 100'wide buf~ yard win mmi~ T~ D md GofRLS 525 not dt~elopable to a rcasomble use. The buffer 196 in April of 1995. The w~land in question is completely east of the proper~ li~e mci is under the ownmUip o the Rmscy M ro Watmh The application dated Decanber 5, 1995, las bom dimas~ with City staff mi tie admini~hator ofth~ Watml~ Dimict ~ ~ improw th~ ~xisting ~ffer ~i$¢ ccmditim. The 100' buffn, yard was not in mdsten~e prior to April 1995, and if applied would restrict reasonable use of the properS. 'l'ne subject parcels avm'qe less than 300' in width and imposition necessary on Sta~e ~y 61, the prop~y cannot be put to a reasonable use under the existin~ z~ng with n 100' buffm' ~ ~m. 1995 - 1 - NARRATIVE pg. 11 eliminatcd. Thc proposed 25' buffer win enable the parcels to be dc~"~ to a reasoaablc use and Ryan ~ Comlmay of~ Inc., requests the City Plmmin~ Coauniss~ ~nd City Council approv~ a vatianae fix & 25' Imfl~ yard alon~ ~ eastern edt~ of Tract D and G of RLS 525. ~ne applicant prolmses to develap ~be site mxx~rd~ng to d~e plans subm~__~ on December 5, 1995, provided a public watennain services the property. pg. 12 N~TIVE ~ASSOC IATES LTD~ Attachment 5 ~ClVILENGINEERING · URBAN PLANNING * TRANSPORTATION · ENVIRONMENTAL LANDSCAPE ARCHITECTURE · CONSTRUCTION MANAGEMENT · LAND SURVEY D~zmb~r 28, 1995 Mr. Tom Ei~.h~ud City of Mapl~wood Associa~ Plainer 1830 East County Road B Maplewooa, ~ 53709 Site plan submittal Cond/fional Use Permit ~ Dcalcn~ Stat~ I~wa~ 61 On behalf of Ryan Construction Company of Minnesota, Inc., the applicant is requesting a Conditional Use Permit for construction of a maintenance garage/n association with the site plan approval variance, and watershed permit approval. As stated in the City Code Sections 36-151 (b) (9) on page 2241, the ma/ntonance garage portion ofthe site plan application requires a cond/fiona] use permit. The pr/mary function of the Lexus Dealership Shall be the sellinE and display of new Lexus vehicles; a The following ~ tothe criteria for a wnditional use permit are based upon the site plan package submitted to the City of Maplewood on Dec.bet 6, 1995 and on the grading permit plan s~ submitaxl to the Ramsey Washington M~xo Wamahed District on December 8, 1995, The use would be located, designed, maintained, constructed and operated to be in conformity wtth the City's comprehenstve plan and Code of Ordinances. The existing zoning is M-I ~ which allows as an outright use car dmlerships md display lots. The majority of car dealerships on Highway 61 have as a service to their custonm~ a maintmance facility specifically ~,into tbe car dealership o~ration. The property to the south, Vmlm'g Tire, currmtly has operational maintenance garages as does the Toyota Dealership located across Highway 61. The Proposed maintmance garage w/il occupy approximately 3,$00 sq. fl. ofthe proposed ll,000 sq. fl. facility. All mainte~znce on thc vehicles w/Il occur wJth/~ the structure as required by Code. The exterior of the nmintcnance area will be consuucted of the same rock-faced concrete masc~y units as the showroom and customer service ama. 13 (612) 933-0972 · 6110 Blue Circle Drive · Suite I00 · Minnetonka, MN 55343 · FAX (612) 933-1153 page 2 ~ Deceanber 28, 1995 ' :. 2. The use would not change the existing or planned character of the surrounding area. The proposed use would improve thc c~dsting land usc fi'om a lot selling wooden sheds to a permanent structure compatible with all applicable Design Review Commit~e criteria and building codes. Removal of thc blighted visual condition of thc lot would occur if the site plan, public watermain and variance am approved. Thc plann~ cham~r of thc area is M-1 and thc proposed structure ~ thc d~sign requiremen~ of a manufacUa'ing The use wouM not depreciate property values. The property values will increase due to the water availability to the property and inv~aneat in thc building and site. Secondly, the improvement to the slope adjacent to the w~land will c 'hminatc thc crodable slope conditions and undesirable ground cover. The - proposed grading plan will improve thc water quality, rcvcgctate the slope with native and appropriate grass sp~ies, conducive to an improved w~and and wildlife habitat. The use would not involve any activity, process,' materials, equipment or methods of operation that wouM 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. Thc proposed will not involve any oftbe above activitie~ due to its location in an M-1 district and lack of residential properties nearby. The exterior lights are a down cast cut off fixture at a 24' height and will illuminate the parking lot and display areas. The use would generate only minimal vehicular traffic on local streets and would not create tra~c congestion or unsafe access on existing or proposed streets. Thc proposed site plan will only have a~cess from the northbound lanes of State Highway 61. Southbound tra__fflc on State Highway 61 will not have access to thc site. The eatrance to the site will be coordinat~ with the Minnesota Depamnent of Tr~n.~n-tation and will ~ a driveway ac, cess permit. The location ofth~ Ixxus d~lership was sel~-xed based upon the tra~c already on Highway 61 and the surrou, ain~ land uses. 'ghis car dealership will not adversely affect the existing tra~c on Highway 61 or any local str~. The use would be served by adequate public facilities and serv~ccs, ~ncluding streets, police and fire ~'ote~on, drainage structures, water and sewer systems, schools and parks. The project will requ~ a public ~ source, which has a~ready bee~ pctitioned by the applicant. A public hearing has be~n scheduled for ilanua~y 8, 1996..Without a public watem~in ~our~, this project will not proceed. The MWCC has been contacted and will allow connection to the sanita~ sewer. Storm drainage f~om the site has been discussed with the City and W~. A grading xmmit and plan ,,~'t has be~n ~bmiued to the watersh~ for approval. 14 7. The use would not create excessive additional cOsts for public facilities or services. The public facilities of Mapl~wood will be expanded and the general public be~r served in terms of fire safety by the installation of a watermain from Bean Avenue to County Road D. Additionally, the value of the properties which would have fire and domestic water will/ncrease the anticipated tax base in Maplewood. The use would max~rn~ze the preservation of and incort~rate the site's natural and scenic features into the development desigr~ Tho proposed use has been' designed ~o enhance the wetland edge and provide a buffer yard area between the development and thc w~and. The erodable slopes will be Climirm~,'d and a buffer yard at a'3:l slope will be created along the entire wetland boundary. The buffer yard width of 25 f~t will allow the site to be developed, and the wetland edge and buffer yard improved ~t no cost ~o the watershed district. The applicant has m~t with Cky staff snd waIersbed staff prior W submiiml of the site plan. The proposed plan presm~s a win- win si~_ ~m for the applicant, City and waIershed. 9. The use would cause tn~nirnal adverse environmental effects. appropriate rip rap and erosional/sedimentation controls in place. Secondly, the maimeaance garage ot~'~on~ will be located within the proposod structure. All llaaintenan~e operafi~ ~ recyclinE waste products/oils of the vehicles will be pa, formed to state bui~di~ codes and MPCA regulations. TImnk you for your timely response to the site plan, variance and conditional use permit on the proposed Lexus dealership on Highway 61. If you have any additiona~ questions in regard to this application, please do not hesitate to contact Gary Prinsen at 336-1214 or mys¢ffat 933-0972. Sincerely, RLK Assodates, Ltd. John Distich, ASIA ~ Pm.sen M¢linda Coleman C_.~mt~ooal Use Application Form Attachment 6 Ramsey -Washington Metro District 902 East County Road B Maplewood, MN 55'!09 777-3 S MEMO January26, 1996 fax (6'12) 777-6307 TO: Ken Roberts, Maplewood Community Development FROM: Cliff Aichinger, Administrator SUBJECT: Wetland Buffer Recommendation for Lexus Dealership Site. At your request I am forwarding this memo outlining the reasons for our recommendation and the process followed in our wetland classification process. The determination of the wetland classification is the key to the buffer size requirement under the Maplewood Wetland Buffer Ordinance. However, determination of the wetland classification is a complex, and somewhat subjective process. It uses best available wetland science and biological information, but includes several required subjective steps and determinations. In the administration of any wetland management or buffer ordinance, it is always good to recognize the limitations of the planning process and know where some flexibility is appropriate. I will try to acquaint you and the Planning Commission to these limitations. Classification Process The wetland classification process used by the District is predicated on protecting the existing vegetative community of the wetland. To do this, the process begins with determining the sensitivity of the wetland vegetation community to impacts from stormwater runoff. Attachment 1 illustrates the decision tree process we followed in making the wetland classifications and the information needs of the process. The Maplewood classifications are 1 through 5. Your class 1 wetland is equivalent to our "protect" classification. The Maplewood ordinance added a classification for unique wildlife habitat. This classification is not specifically identified in our process, but was derived from our function and value assessment of each wetland. As a bit of background, the District completed an inventory of all wetlands in our District. We also included those small portions of Maplewood that are outside of the District boundaries. Each of these wetlands were field inspected and a function and value assessment was completed for each wetland basin This assessment identified a 0-4 value for each wetland function; floral diversity, wildlife habitat, fishery habitat, flood/stormwater attenuation, water quality protection, and aesthetics/recreation/education. This assessment provided much of the information needed to complete the decision tree process. The wetland inspection also provided the information needed for determining the wetland sensitivity to stormwater impacts. Each wetland basin was classified according to its 16 Ken Roberts MEMO January 26, 1996 P~e2 wetland vegetation into one of the four sensitivity classes; highly sensitive, moderately sensitive, slightly sensitive, or least sensitive. One of the limitations of the process lies in this step. For highly diverse wetland basins we must still make one wetland vegetative type classification. Even though the basin is classified as highly sensitive, a portion of the basin may be least sensitive. In most cases we would rather err on the side of protection, but in cases where the adjacent land is particularly unique or valuable it may warrant another look to make sure the classification and final buffer classification is appropriate. The second step is to develop a general determination of the wetland condition. Again this is a somewhat subjective judgment on the part of the wetland inspector. The implication is significant since any basin identified as "excellent" is automatically elevated to the next level in the decision tree. Attachment 2 gives some of the factors used in making the condition rating. The third step is to determine the significance rating. Attachment 2 also gives the factors used in making this rating. Again this can be somewhat subjective and a significant rating automatically elevates the wetland basin to the next level. Although this process includes some subjective aspects, the subjective decisions are made by individuals with scientific background and experience. In most cases i believe the classification would pass a rigorous challenge. However, it is also a process where another expert could easily argue that the wrong decisions were made. The main point I want to make is that this, as with any other process I've seen, is not a black and white issue. There can be disagreement based on best professional judgment. Lexus Dealership Site This is a classic case for identifying the shortfalls of the process I discussed above. It probably illustrates every limitation in this process and why there has to be a variance process available. First, the wetland lying to the east of the dealership site is a matrix of wetland types and conditions (see attachment 3). This area was farmed until approximately 1970. County Ditch 18, north branch, divides the site north and south. Two other smaller drainage ditches were cut from County Ditch 18 to the east to provide agricultural drainage. Since agricultural activity has stopped, the area has reverted to a mosaic of wetland types. In one respect the area is no where near "natural", since it has been altered significantly over the years. On the other hand it has reverted into a wetland complex that contains some very good quality habitat. The west side of the wetland has been filled. This is where the Lexus dealership is proposed. Consideration of the west side of this site illustrates the shortcomings of the classification process. We had to average the wetland to identify its general susceptibility rating, condition and significance. This process resulted in a "protect" management classification (level 1 in the Maplewood Ordinance). However, when you examine the west side of this basin, it is clear that the wetland is partially filled and receiving significant sediment loads from the eroding fill slope. Also the wetland immediately adjacent to this fill area is primarily reed canary grass. The major influence of the County Ditch on this side of the wetland is also a significant influence. If this wetland 17 Ken Roberts MEMO January 26, 1996 Page 3 basin were classified using only the features of the west side, the ranking process would work like this -- 1. Reed Canary grass vegetation community - slightly sensitive 2. Wetland condition - highly altered 3. Resource significance - nonsignificant 4. Management strategy - Utilize (Maplewood buffer classification 5) District Recommendation Due to the known condition of this wetland and the problems with the eroding fill on the west side, I came to several conclusions when reviewing the proposal. 1. The intent of the buffer ordinance is to preserve the existing "natural" buffers around wetlands to protect water quality, wildlife habitat, and ecological diversity. There is NO buffer on the west side of the wetland in its current condition. Preserving what is there would be a detriment to the wetland - not help it. 2. The condition on the west side of the wetland will continue to deteriorate unless it is stabilized and maintained. 3. The slope will not be addressed unless the site develops with a more permanent type use. 4. A 100 foot buffer requirement would almost eliminate the potential of any viable use of the property and would likely result in a challenge to the buffer ordinance. 5. Establishment of a vegetative buffer, even a small buffer would eliminate existing erosion problems and provide improved habitat. 6. Agreeing to a smaller buffer (25 feet) with the requirement that the developer establish a buffer to our specifications helps the west side of the basin and in no way diminishes the value of the remainder of the wetland basin. 7. A 25 foot buffer is consistent with the wetland classification if the adjacent wetland were rated without consideration other parts of the wetland complex. 18 ~FF~lCH i~e_l, aT _d_ Wetland Management Plan Notes for Determining Condition and Significance Ratings FACTORS INFLUENCING WETLAND CONDITION RATING: Rating Categories: Excellent Moderate Highly Impacted Rating factors: 1. Function/Value code. A high F/V code in any one category would give it a moderate rating. A high F/V code in two or more categories would give the wetland a excellent rating. Any F/V code with two or more "0" ratings would be an automatic highly impacted rating. 2. Any excavated or created basin is an automatic highly impacted rating. 3. Any wetland adjacent to a major roadway and receiving stormwater discharge is an automatic highly impacted rating. 4. Any wetland with visible signs of sedimentation or impacts from stormwater discharge is an automatic highly impacted rating. 5. Wetlands that are immediately adjacent to residential or commercial development and receiving direct stormwater discharge and/or are turfed to the edge of the wetland are an automatic highly impacted rating. 6. Wetlands that are somewhat removed from existing development and have no obvious signs of alteration or stormwater impacts have a moderate rating. FACTORS INFLUENCING RESOURCE SIGNIFICANCE RATING: Rating Categories: Significant Non-significant Rating Factors: 1. All wetlands not receiving a significant rating are non-significant. 2. Significant wetlands are the following: Wetlands adjacent to or in a school site. Wetlands adjacent to or in a city, county or regional park. Wetlands adjacent to or in a nature center. Wetlands with unique, threatened or endangered flora or fauna. Wetlands that are rare for our watershed district. Wetlands that are of high value to the District for water quality management or flood control. 20 X Attachment 7 VARIANCE RESOLUTION WHEREAS, Ryan Construction Company of Minnesota, Inc, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to property on the east side of Highway 61 between Beam Avenue and County Road D. The legal description is: Tracts D and G, Registered Land Survey No. 525 WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot- wide wetland buffer. WHEREAS, the applicant is proposing a 25-foot-wide wetland buffer. WHEREAS, this requires a variance of 75 feet. WHEREAS, the history of this variance is as follows: 1. On January 16, 1996, the planning commission recommended that the city council this variance. The city council held a public hearing on ,1996. 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 reasons: 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. Submitting a grading and landscaping plan subject to the requirements of the city staff and the Ramsey-Washington Metro Watershed District for the wetland buffer. 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. Adopted on __,1996. 22 Attachment 8 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ryan Construction Company of Minnesota, Inc. applied for a conditional use permit for a motor vehicle maintenance garage as part of a new Lexus dealership; WHEREAS, this permit applies to property on the east side of Highway 61 between Beam Avenue and County Road D. The legal description is: Tracts D and G, Registered Land Survey No. 525 WHEREAS, the history of this conditional use permit is as follows: 1. On January 16, 1996, the planning commission recommended that the city council approve this permit. On m, 1996, 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. o The use would not change the existing or planned character of the surrounding area. 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. 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. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 23 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. 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. Before the issuance of a building permit, the city must have a signed construction contract for the extension of the water main to the Lexus site. The water system must be operational before the issuance of a certificate of occupancy. The future expansion is not allowed. The applicant must apply for design approval and an amendment to the conditional use permit prior to building this expansion. The future expansion must be at least 100 feet from the billboard. Adopted on ,1996. 24 MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Hideaway Lounge Expansion 70 County Road B January 2, 1996 INTRODUCTION James and Sharon Tulgren are proposing to expand the Hideaway Lounge at 70 County Road B. (See the location and property line maps on pages 5 and 6 and the site plan on page 7.) They are proposing the following changes to the existing restaurant and lounge: Expand the outdoor deck and add a screened porch on the north and east sides of the building. Add two lighted outdoor volleyball courts. They also may use these courts for winter sports such as broomball and boot hockey. 3. Add a softball field with fan seating, dugouts, lighting and perimeter fencing. 4. Move part of the entrance driveway and revise part of the parking lot. The Tulgrens are requesting that the city approve a conditional use permit (CUP) to have the outdoor place of amusement and recreation in the BC (business commercial) zoning district. (See their letter on page 8.) They will ask the city to approve the design plans for the deck and screened porch after the city approves the conditional use permit. The plans they submitted also show future building and parking expansion areas on the south side of the building. BACKGROUND This site has had a restaurant and bar since at least 1969. The first restaurant here was the Oak Hill Ranch and Supper Club. On February 20, 1975, the city council approved remodeling and expansion plans for the Hideaway Lounge. On June 25, 1991, the community design review board (CDRB) approved plans for the existing outdoor deck. On August 14, 1995, the city council approved the Tri-District Elementary School west of this site. This school is now under construction. DISCUSSION Liquor near School Section 5-110 of the city code states 'No on-sale (liquor) license may be issued for the first time under this division for premises located within one thousand (1,000) feet of a church or school building in the city." Since the Hideaway has had an on-sale liquor license for many years, the location of the new school is not a factor with its liquor license. Fire Marshal Concerns I had Jim Embertson, the Maplewood Fire Marshal, review the proposed site plan. Because of the proposed changes to the site, including the dropping of access around the building, he asked for several changes to the proposed plans. These include adding a gate at least 12 feet wide to the fence between the proposed deck and the rear of the softball field. This gate would provide emergency vehicle access to volleyball courts and to the softball field. Adding this gate will require the owner to drop two parking spaces northwest of the ball field backstop. Mr. Embertson also wants the owners to install another fire hydrant near the front of the building and move the outside fire department connection to the front of the building. For the drive aisle on the west side of the volleyball courts, the fire marshal is requiring that a 32- foot-wide lane be kept clear for emergency vehicle access. This will require the owner to do several things. These include dropping at least seven parking spaces on the west side to keep the minimum aisle width, the posting of all fire lanes with "no parking fire lane" signs and painting all the fire lane curbs yellow. The city should require the owner to make these changes while they grade the site and install the volleyball courts to insure the safety of everyone there. Parking The proposed site plan shows 193 striped parking spaces, 44 parking spaces on an existing gravel lot plus two areas for 38 future spaces. This is a total of 275 spaces. The changes I noted above require the owner to drop at least nine parking spaces. This would leave 266 parking spaces on the site. Based on the seating capacity of the building with the deck, there should be plenty of parking on the site. The city should require the owner to add more paved parking spaces if parking becomes a problem. TF~$ Maplewood's tree preservation code requires a developer to have at least 10 trees per acre on the property after they complete grading or construction. For this 8.6 acre site, there should be at least 86 trees left after grading and construction. According to the site plan, there are 140 large trees now on the site. The proposed grading and construction would remove 17 large trees, leaving 117 on the site. Thus, the proposed plan meets the Maplewood tree preservation code. Conditional Use Permit Maplewood should judge whether the proposed expansion would be compatible with the existing and planned land uses and character of the area. The proposed outdoor recreation areas meet the Maplewood City Code standards for a conditional use permit. RECOMMENDATION Adopt the resolution on pages 9 - 11. This resolution approves the conditional use permit to expand the Hideaway Lounge at 70 County Road B. The city bases this permit on the findings required by the code and is subject to the following conditions: 2 All construction shall follow the site and lighting plans stamped December 5, 1995 as approved by the city. The plans shall be subject to the following conditions: a. The director of community development may approve minor changes. Before grading starts, the owner shall have the city engineer approve the grading, drainage and erosion control plans. These plans shall meet all city standards and shall reserve enough area for adequate on-site storm water ponding. Adding a gate at least 12 feet wide to the fence between the proposed deck and the rear of the softball field. This gate is to provide emergency vehicle access to volleyball courts and to the softball field. The owner shall drop two parking spaces northwest of the ball field backstop to allow for access. d. The owners shall do the following, subject to the fire marshal's approval: (1) Install another fire hydrant near the front of the building. (2) The owners shall move the outside fire department connection to the front (entrance side) of the building. (3) Provide a 32-foot-wide drive aisle west of the volleyball courts for emergency vehicle access. This will require dropping at least seven parking spaces on the west side of the site to keep the minimum aisle width. (4) Posting all fire lanes with 'no parking fire lane' signs and painting all the fire lane curbs yellow. The owner shall make and install these changes when they grade the site and install the volleyball courts to insure the safety of everyone there. 2. The proposed construction must be started within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The city may require additional paved parking if needed. 5. The outdoor activities shall be between 8 a.m. and 11 p.m. The owner or operator shall direct or shield all exterior lighting so it does not shine or cause any undue glare on County Road B or on adjacent properties. The city approves the idea of the future building expansion area and the future parking lot expansion areas with this plan. The specific plans for these areas shall be subject to the approval of the community design review board. 3 CITIZENS' COMMENTS City staff surveyed the 14 property owners within 350 feet of the site. All three replies had no comment. SITE DESCRIPTION REFERENCE INFORMATION Site size: 8.6 acres Existing land use: Hideaway Lounge and parking areas SURROUNDING LAND USES North: South: West: East: Businesses across County Road B Tri-District Elementary School property and Sandy Lake across railroad TH-District Elementary School Houses across railroad right-of-way PLANNING Land Use Plan designation: BC (business commercial) Zoning: BC (business Commercial) ORDINANCE REQUIREMENTS Section 36-151(b) requires a CUP for places of amusement, recreation or assembly. CRITERIA FOR CUP 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 9 -11.) PUBLIC SAFETY See the section with the fire marshal's concerns on page 2. p:sec18/hideaway, cup Attachments: 1. Location Map 2. Property Une/Zoning Map 3. Proposed Site Plan 4. Applicant's letter dated November 20, 1995 5. Conditional Use Permit Resolution 6. Plans date-stamped December 5, 1995 (separate attachment) 4 Attachment 1 .~..~. AV AV~.. CS'TON ~ AV~.. ~I(ILLMAN AY. OFFICE )EAWAY Attachment 2 F 4;/ ~.; VERNON,N...-- BIT. __co. ~,. ! I i/' I ;/ ~IIIIIVDI SCALE: t' ' 30' flMI)ING & rr.~l~ ....... SiLT FENCE DIRT OUANT I1 lES:. ( BALLF Irr~l) ONLY! CUT 6,964 C.Y. FiLL 16`~68 C.Y. SEED & NLLC14 ALL DISTURBED AR[kS iIHEN CONST. CO1431-ETE {3.EAR & GIIU6 ALL TREES MITHIN COI~T. LP SITE AREA 6.6 kCOE6 m O mn~eo~ TULGREN PROPERTIES TULGREN SQUARE :502 SECOND STREET HUDSON, WISCONSIN 54016 715 -386 ~:~44 Attachment 4 11/20/95 Maplewood Council City Of Maplewood 1830 E County Road B Maplewood, MN. 55109 Dear Council Members; The property known as Hideaway Lounge has been a nightclub for the past 25 years. Our purpose is to upscale the operation to add two volleyball courts and a softball field with a 300 foot fence line. In the future, the building will be expanded to accomodate larger seating areas for dining patrons. As shown on the submitted plans, the ballfield and volleyball courts will be completely enclosed with an eight foot chain link 'fence. The access to the playing areas will be through the building. Overlooking the ballfield and volleyball courts will be a large deck on two levels with a screen porch on part of the deck. This will allow comfortable outdoor dining and viewing of game participants. The ballfield will be lighted according to the electrical contractor's pl.an. The light is adequate for evening games and should not impact neighbors due to the lengthy distance away of the closest residence. There would be no adverse effects from traffic onto County Road B. Customers would be more spread out during the day and evening. The proposed changes to the'Hideaway create an enhanced fac- ility that will provide recreation and dining opportunities in the community. Additional tax dollars will also be generated through property value improvements, additional sales taxes, and expanded employment opportunities,for':he community. Ne look forward to working with the City of Maplewood on the approval and completion of this project. · 8 Yours truly, Attachment 5 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, James and Sharon Tulgren, the property owners, are requesting that Maplewood approve a conditional use permit to expand the Hideaway Lounge by adding outdoor volleyball courts and a softball field. WHEREAS, this permit applies to 70 County Road B. The legal description is: That part of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 29, Range 22 bounded and described as follows: Beginning at the North 114 comer of Section 18 and running Westerly along the North line of said section 660 feet, more or less, to a point; thence Southerly 650 feet, more or less, to a point, thence Easterly on a line parallel to the North Section line 433.5 feet, more or less, to a point in the West right of way fence of the Minneapolis, Saint Paul and Sault Ste. Marie Railway; thence Northeasterly along said right-of-way fence 527 feet, more or less, to a point where said right of way fence intersects the North and South 1/4 section line; thence Northerly along said 1/4 line 180 feet, more or less, to a point of beginning. Subject to public easement in highway, County Road B, on the North side of tract. (PIN 18-29-22-21-0001) WHEREAS, the history of this conditional use permit is as follows: 1. On February 5, 1996, the planning commission recommended that the city council approve this permit. On February 26, 1996, 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: 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. 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. 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 and lighting plans stamped December 5, 1995 as approved by the city. The plans shall be subject to the following conditions: a. The director of community development may approve minor changes. b. Before grading starts, the owner shall have the city engineer approve the grading, drainage and erosion control plans. These plans shall meet all city standards and shall reserve enough area for adequate on-site storm water ponding. c. Adding a gate at least 12 feet wide to the fence between the proposed deck and the rear of the softball field. This gate is to provide emergency vehicle access to volleyball courts and to the softball field. The owner shall drop two parking spaces northwest of the ball field backstop to allow for access. d. The owners shall do the following, subject to the fire marshal's approval: (1) Install another fire hydrant near the front of the building. (2) The owners shall move the outside fire department connection to the front (entrance side) of the building. (3) Provide a 32-foot-wide drive aisle west of the volleyball courts for emergency vehicle access. This will require dropping at least seven parking spaces on the west side of the site to keep the minimum aisle width. (4) Posting all fire lanes with 'no parking fire lane" signs and painting all the fire lane curbs yellow. The owner shall make and install these changes when they grade the site and install the volleyball courts to insure the safety of everyone there. 2. The proposed construction must be started within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. ]0 4. The city may require additional paved parking if needed. 5. The outdoor activities shall be between 8 a.m. and 11 p.m. 6. The owner or operator shall direct or shield all exterior lighting so it does not shine or cause any undue glare on County Road B or on adjacent properties. 7. The city approves the idea of the future building expansion area and the future parking lot expansion areas with this plan. The specific plans for these areas shall be subject to the approval of the community design review board. The Maplewood City Council adopted this resolution on February 26, 1996. ]] TO: FROM: SUBJECT: DATE: MEMORANDUM City Manager Jim Ericson -- Planning Intern Planning Commission's 1995 Annual Report January 19, 1996 INTRODUCTION The City Code requires that the Planning Commission prepare an annual report to the City Council by their second meeting in February. This report should include the Commission's activities in the past year and major projects for the new year. 1995 ACTIVITIES The Commission considered the following: 9 changes to the land use plan 1 conditional use permit for a planned unit development 6 changes to the zoning map 6 preliminary plats 1 preliminary plat time extension 2 ordinances 17 conditional use permits 10 vacations of right-of-ways or easements 5 variances 2 other changes to the comprehensive plan 2 lot divisions 13 miscellaneous requests The Commission also reviewed and approved the wetland ordinance, performed a review of proposed open sl~ace sites, took a tour of development sites with the new community development director, reviewed and approved the livable community act and housing goals for Maplewood. 1995 LAND USE PLAN CHANGES The Commission considered nine changes to the land use plan in 1995. Changes PC Action Council Action Open Space Site 116 Approved Approved (Keller Pkwy., Forest St., Brooks Ct., and Gervais Ave.) From M-1 (Light Manufacturing) and R-1 (Single Family Residential) to OS (Open Space). Open Space Site 108 Approved Approved (W. of Hazelwood St. and S. of Beam Ave.) From BC-M (Business Commercial Modified) and R-1 (Single Family Residential) to OS (Open Space). Open Space Site 16 lB Approved Approved (E. of Sterling St., N. of Schaller Dr. and O'Day St.) From R-1 (Single Family Residential) to OS (Open Space) and P (Park). Carefree Cottages -- Phase III Approved Approved (Gervais Avenue) From LBC (Limited Business Commercial) to R-3(H) (Residential High Density). Charles Kennedy Denied Withdrawn (3095 McKnight Road) From OS (Open Space) to R-1 (Single Family Residential). Tri-District School Approved Approved (County Road B, S. of Cub Foods) From BC (Business Commercial) to S (School) and OS (Open Space). Holiday Store Approved Pending (S.E. comer of McKnight and Lower Afton Roads) From CO (Commercial Office) to BC (Business Commercial). Southwinds of Mplwd -- 3rd Addn. Approved Approved (Beebe Road) From R-3(M) (Residential Medium Density) to R-1 (Single Family Residential). Dr. Mary Pariseau, DDS. Approved Approved (1 lth Avenue) From R-3(H) (Residential High Density) to LBC (Limited Business Commercial). 1995 ZONING MAP CHANGES The Commission considered six changes to the zoning map in 1994.. Changes PC Action Council Action Parkview Town_homes Approved Denied (Londin Lane) From CO (Commercial Office) and F (Farm) to R-3 (Residential High Density) and from F (Farm) to LBC (Limited Business Commercial). Holiday Store Approved Pending (S.E. comer of McKnight and Lower Afton Roads) From CO (Commercial Office) to BC (Business Commercial). Amber Hills Fifth Addition Approved (Sterling Street, S. of Linwood Avenue) From F (Farm) to R-1 (Single Family Residential). Approved Southwinds of Mplwd -- 3rd Addn. Approved Approved (Beebe Road) R-3 (Residential high Density) to R-1 (Single Family Residential). Dr. Mary Pariseau, DDS. Approved (1 lth Avenue) From F (Farm) to LBC (Limited Business Commercial). Approved 1995 ATTENDANCE Name Appointed Term Expires Lester Axdahl 08-08-74 12-98 Bunny Bmeggerman 10-09-95 12-98 Barbara Ericson 10-09-95 12-97 Lorraine Fischer 1970 12-98 Jack Frost 12-10-90 12-97 Kevin Kittridge 10-12-92 12-97 Dave Kopesky 08-08-94 12-98 Gary Pearson 12-10-90 12-96 William Rossbach 10-10-89 12-96 Milo Thompson 10-10-94 12-97 *Completing the term of a previous member 1995 Affendance 13 out of 17 2 out of 2* 2 out of 2* 16 out of 17 16 out of 17 14 out of 17 14 out of 17 12 out of 17 14 out of 17 16 out of 17 MEMBERS WHO RESIGNED IN 1995 Mary Martin Todd Sandell Marvin Sigmundik 3 1996 ACTIVITIES The following are the possible activities of the Planning Commission for 1996: 1. Commercial Property Study - follow closely and work with the City Council to move the study along. 2. Have an annual tour of development sites. 3. Do a review of the Comprehensive Plan for possible changes or updating. This should include a review of the housing plan for meeting the goals of the livable communities act. 4. Have a video tape made about the public hearing process. 5. Have in-service training for the Planning Commission. 6. Review the Phalen Watershed Study and recommend an implementation plan to the City Council. P:\...h'niscell\95 annrep.mem