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HomeMy WebLinkAbout11/03/2003MAPLEWOOD PLANNING COMMISSION Monday, November 3, 2003, 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. October 20, 2003 5. Public Hearings None 6. New Business a. University Auto Sales Conditional Use Permit (1145 Highway 36 East) 7. Unfinished Business a. Proposed Mixed-Use Zoning Ordinance 8. Visitor Presentations 9. Commission Presentations a. October 27 Council Meeting: Mr. Tdppler b. November 10 Council Meeting: Ms. Fisher c. November 24 Council Meeting: Mr. Pearson 10. Staff Presentations a. Note: The December 1,2003 Meeting as been rescheduled to Tuesday, December 2, 2003 11. Adjoumment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 3, 2003 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Chairperson Lorraine Fischer Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Tushar Desai Mary Dierich Jackie Monahan-Junek Paul Mueller Gary Pearson William Rossbach Dale Trippler Present Present Present Present Present Present Present Present Staff Present: Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Mr. Roberts added item 10. b. for the Redevelopment 101 Workshop under staff presentations. Commissioner Pearson moved to approve the agenda with the amended change. Commissioner Trippler seconded. The motion passed. Ayes - Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler IV. APPROVAL OF MINUTES Approval of the planning commission minutes for October 20, 2003. Commissioner Rossbach moved to approve the planning commission minutes for October 20, 2003. Commissioner Pearson seconded. Ayes- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Abstention - Trippler V. PUBLIC HEARING None. Planning Commission Minutes of 11-03-03 -2- VI. NEW BUSINESS a. University Auto Sales Conditional Use Permit (1145 Highway 36 East) Mr. Roberts said Mr. Hossein Aghamirzai of University Auto Sales is requesting approval of a conditional use permit (CUP) for a motor vehicle repair business at 1145 Highway 36 East. The motor vehicle repair business will provide service for vehicles purchased and sold by University Auto Sales and Leasing. The proposal calls for an approximately, 1,040-square-foot addition to be constructed on the north side of the building to accommodate the service area. The applicants request the city approve the following: 1. Amendment to their existing CUP for a used motor vehicle sales business. 2. CUP for a motor vehicle maintenance business. 3. Design review. Mr. Roberts said this item does not need to go to the CDRB because of the size of the addition. Commissioner Trippler said he is concerned about University Auto wanting to build 2 inches from the property line of Second Harvest. He asked what would happen if Second Harvest wanted to build 2 inches from their property line? Mr. Roberts said Second Harvest would have to take into account the building on the neighboring property, the uses that are involved in both buildings and would have to meet the code requirements. Typically that would involve having a sprinkler system, types of construction, number of openings; or lack thereof, and walls, so there are some limits. Commissioner Trippler asked if the applicant checked with Second Harvest to see if they were okay with this proposal? Mr. Roberts said he knows Ms. Finwall spoke with John Livingston at Second Harvest and his comments are on page 2 of the staff report. Commissioner Trippler asked for a clarification on page 7 of the report. Under the paragraph regarding staffing it says two employees but in parenthesis there is the number (3). Which is correct? Mr. Roberts said that portion of the report came from the applicant so he would have to clarify that but he believed it was a typing mistake and it was probably two employees. Chairperson Fischer asked the applicant to come forward and address the commission. Mr. Hossein Aghamirzai, the General Manager of University Auto Sales, 1145 Highway 36 East, Maplewood, addressed the commission. He said he reviewed the staff report and they are in agreement with all of the conditions in the staff report. Planning Commission Minutes of 11-03-03 Commissioner Trippler employees? -3- asked Mr. Aghamirzai for the clarification regarding the number of Mr. Aghamirzai said there would be two additional employees, not (3) as it reads in parenthesis in the report. Commissioner Pearson asked Mr. Aghamirzai if the electrical pole would be moved or buried? Mr. Aghamirzai said they would prefer to bury the electrical line. Commissioner Rossbach asked if there is a need for University Auto Sales and Second Harvest to have an agreement regarding approval for the excavation that will be going into their property? Mr. Aghamirzai said over the years they have kept in fairly close communication with the general managers and the maintenance supervisors at Second Harvest. Second Harvest is fine with the proposal. The only concern Second Harvest had was with the electrical pole, which will be buried. He said University Auto Sales and Second Harvest will continue to be good neighbors. Commissioner Rossbach said he would recommend that University Auto have some type of an agreement with Second Harvest because some of their property and part of their parking lot will have to be torn up during the construction phase. Mr. Aghamirzai said they would make sure that Second Harvest is in no way adversely affected by the construction and University Auto would respect their property. Chairperson Fischer asked the applicant if he had any questions? Mr. Aghamirzai said no. Chairperson Fischer asked if anyone in the audience wanted to speak regarding this item? Nobody came forward. Commissioner Trippler moved to adopt the resolution on pages 19 and 20 approving an amendment to University Auto's conditional use permit for used motor vehicle sales business at 1145 Highway 36 East. Approval is based on the findings required by the code and subject to (amendment to original conditions noted): a. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed use 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. c. The city council shall review this permit in one year. Planning Commission -4- Minutes of 11-03-03 do The site shall be kept in neat and orderly condition. The applicant shall observe the striping pattern and not crowd the site by placing additional vehicles on the site beyond what can be parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There shall be no parking on the grass or landscaped areas. eo There shall be no vehicle delivery or transport/trailer unloading along the street. This activity shall be kept on site. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such materials can be fully concealed within a screening enclosure. The design and placement of any such enclosure shall be subject to staff approval. The hours of operation of this motor vehicle sales business shall be 8 a.m. to 8 p.m. @ =.m. tc 7 p.m. Monday through Saturday. The used motor vehicle sales business shall be closed on Sunday. Commissioner Trippler moved to adopt the resolution on pages 21 and 22 approving a conditional use permit for University Auto at 1145 Highway 36 East to operate a motor vehicle repair business. Approval is based on the findings required by the code and subject to: ao All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed use 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. c. The city council shall review this permit in one year. The site shall be kept in neat and orderly condition. The applicant shall observe the striping pattern and not crowd the site by placing additional vehicles on the site beyond what can be parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There shall be no parking on the grass or landscaped areas. There shall be no vehicle delivery or transport/trailer unloading along the street. This activity shall be kept on site. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such materials can be fully concealed within a screening enclosure. The design and placement of any such enclosure shall be subject to staff approval. go The hours of operation of this motor vehicle repair business shall be 8 a.m. to 8 p.m. Monday through Saturday. The motor vehicle repair business shall be closed on Sunday. Planning Commission -5- Minutes of 11-03-03 Commissioner Trippler moved approval of the site plan date-stamped September 29, 2003, for a motor vehicle repair business at 1145 Highway 36 East. Approval is subject to the applicant complying with the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a building permit, submit the following to staff for approval: 1) Revised building plans that meet the conditions specified in the October 27, 2003, building official memorandum. 2) Revised building plans that meet the conditions specified in the October 24, 2003, fire marshal memorandum. 3) Plans and Xcel Energy approval for the relocation or burying of the overhead power lines located on the north side of the property. 4) Trash dumpster enclosure plans for the outside trash containers if used (code requirement). This plan must show the placement and design of the enclosure. This plan must show the placement and design of the enclosure. Trash enclosures must have a 100 percent opaque closeable gate. Enclosures must be of a material that matches or is compatible with the building. 5) Relocating or burying the overhead power lines located on the north side of the property. c. Complete the following prior to issuance of a certificate of occupancy: 1) Repainting of the parking space stripes. 2) Construction of a trash dumpster enclosure for any outside trash containers if used. 3) Repair all portions of existing fence damaged by the construction of the addition. 4) Repair and paint all existing and new concrete block with Sherwin Williams Heavy duty Block Filler and A-100 Exterior Latex Flat Paint. Paint color to match existing concrete block and wood trim (beige). 5) Relocating or burying the overhead power lines located on the north side of the property. d. All work shall follow the approved plans. The director of community development may approve minor changes. Commissioner Pearson seconded. A~e$- Desai, Dierich, Fischer, Monahan-Junek, Mueller, Rossbach, Trippler Pearson, Planning Commission Minutes of 11-03-03 -6- The motion passed. This item goes to the city council on November 24, 2003. VII. UNFINISHED BUSINESS a. Proposed Mixed-Use Zoning Ordinance Mr. Roberts said the planning commission reviewed the draft mixed-use zoning ordinance at the October 13, 2003, planning commission meeting. During this review, the planning commission requested clarification or changes on the following items: 2. 3. 4. Live-work unit parking spaces. Setbacks to adjacent residentially zoned land. Parks and open space. Alley widths. Commissioner Rossbach asked if the city had a set limit of the number of stories a building could be in the City of Maplewood? Mr. Roberts said there is no limit of the number of stories in a commercial district in Maplewood. The planning commission members had discussions regarding making potential changes to the ordinance. Chairperson Fischer said the recommended changes to the mixed-use zoning ordinance are on pages 4, 6, 7, and 8 of the ordinance. On page 4, under type of use, strike hetel/metel but leave bed and breakfast residence. On page 6, number 5., change the underlined word and ,.':~!! require to and may require. On page 7, under conditional use permits, strike number 6)-plaP, m~ ,,.-;* -~ .... ' ..... *o On page 8, in the paragraph about zero setbacks, in footnote 5, strike the words T-he- and change to A zero setback...~,.....,,......,o""-";~'~ ......,...."~' .... is allowed. Commissioner Trippler said he wanted to thank the staff for all their work on this Mixed-Use Zoning Ordinance especially the section on dry-cleaning, which he thought was very professional. Commissioner Rossbach moved to recommend approval of the Mixed-Use Zoning Ordinance with the proposed changes to the city council. Commissioner Monahan-Junek seconded. The motion passed. Ayes - Desai, Dierich, Fischer, Monahan-Junek, Mueller, Rossbach, Trippler Pearson, This item goes to the city council on November 24, 2003. VIII. VISITOR PRESENTATIONS None. Planning Commission Minutes of 11-03-03 -7- IX. COMMISSION PRESENTATIONS a. Mr. Trippler was the planning commission representative at the October 27, 2003, city council meeting. Items discussed included Gruber's, which passed ayes all, the Swimming Pool Fence Guidelines, with the requirement of fencing required around both above and below ground pools, which passed ayes all, the South Maplewood R-1 (R) Rezoning, which passed ayes all, and the Karth Road street right-of-way vacation, which passed ayes all. b. Ms. Fischer will be the planning commission representative at the November 10, 2003, city council meeting. The only planning commission item to be discussed is the Home Occupation License at 1828 Radatz Avenue. c. Ms. Monahan-Junek will be the planning commission representative at the November 24, 2003, city council meeting. Commissioner Pearson was to be the representative for the PC but he will be unable to attend so Ms. Monahan-Junek traded with Mr. Pearson. Items to be discussed include the Mixed-Use Zoning Ordinance, and the CUP for University Auto Sales at 1145 Hwy 36 East. X. STAFF PRESENTATIONS a. Note: Just a reminder that the December 1,2003, Planning Commission Meeting has been rescheduled to Tuesday, December 2, 2003. bm Redevelopment 101 Workshop Mr. Roberts said staff would be sending an invitation out for the Redevelopment 101 Workshop being held in the city council chambers at 6:30 p.m. on Tuesday, November 18, 2003. XI. ADJOURNMENT The meeting was adjourned at 7:56 p.m.