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HomeMy WebLinkAbout09/01/2009 - cancelled AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, September 1, 2009 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. August 18, 2009 5. Public Hearings a. 7:00 pm: Conditional Use Permit Revision to Operate a Maintenance Garage at the Sinclair Station Located at 223 Larpenteur Avenue. 6. New Business 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. Commissioner Report: There were no planning commission items for the August 24, 2009 city council meeting so there is nothing to present. This would have been Commissioner Walton's turn had there been review items for the PC. b. Upcoming City Council Meeting of September 14, 2009. At this time, there are not any scheduled PC items for that meeting. Commissioner Desai is scheduled to attend should there be a need. 10. Staff Presentations a. Reschedule the September 15, 2009 Planning Commission meeting because of primary elections. Staff su~~ests moving this meeting to Tuesday, September 22. Dates that do not work are the 16 , 17'h and 21" due to meeting conflicts. 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 18, 2009 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood City Staff Present: Absent Present Present Present Present Present Present Absent Present Tom Ekstrand. City Planner Steve Love, Staff EnQineer DuWavne Konewko, Community Development and Parks Director III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda as presented. Commissioner Hess seconded The motion passed. IV. APPROVAL OF MINUTES a. July 21, 2009 Ayes - all Commissioner Trippler moved to approve the minutes of July 21, 2009 as presented. Commissioner Desai seconded The motion passed. V. PUBLIC HEARING Ayes - Desai, Fischer, Martin, Pearson, Trippler, Yarwood Abstention - Hess a. 7:05 p.m.-The following are requested for a proposed Aldi's Store on White Bear Avenue to the north and east of Batteries Plus, 2832 White Bear Avenue: 1) Comprehensive Land Use Plan Amendment for the property east of 2832 White Bear Avenue from R1 (single dwelling residential) to BCM (business commercial modified); 2) Rezoning of this same property from R1 to BCM, and; 3) Rezoning of the property north of 2832 White Bear Avenue from LBC (limited business commercial) to BCM. Planning Commission Minutes of 08-18-09 -2- Planner Tom Ekstrand presented the staff report for this request to build a 16,619-square-foot grocery store on the east side of White Bear Avenue between Premier Bank and Batteries Plus. Mr. Ekstrand said this site would front on White Bear Avenue and include an access point on Radatz Avenue east of Batteries Plus. Mr. Ekstrand said in staffs view, the rezoning would be suitable with proper safeguards to make sure issues such as traffic, noise and lighting are properly safeguarded to protect the neighborhood. Planner Ekstrand said the applicant originally proposed a row of parking along the east side of the Radatz driveway, but staff felt it was not needed and asked the applicant to remove it to increase the buffer to the neighborhood. Mr. Ekstrand said traffic would then need to take a right turn toward White Bear Avenue when exiting the site to eliminate traffic from going into the neighborhood to the east. Planner Ekstrand said it is planned at this time that there be only one access point along White Bear Avenue to be shared by Aldi's and Premier Bank for a safer and more efficient roadway. Mr. Ekstrand said that staff would not recommend the combining of the two lots if the rezonings are not approved by the city council. Commissioner Trippler asked if the loading dock could be shifted from the east side to the west side of the site. Planner Ekstrand said he has not discussed any changes with the applicant, but he suggested that this is the time to look at these options and opportunities. Commissioner Trippler asked for clarification on the location and maintenance of the retention pond. Staff engineer Steve Love explained that the underground ponding will be located underneath the parking lot. Mr. Love explained a cross section of the ponding chambers and said there will be access points for each of the chambers in order to vacuum them. Mr. Love said that according to the drainage calculations, this system has been oversized beyond what is required by the Watershed District. Commissioner Desai suggested that if there is a driveway through the Premier Bank parking to access Aldi's, the inlet or outlet on Radatz Avenue is not needed since there will be two ways to get in and out of Aldi's and this could placate some of the neighbors' issues. Mr. Desai said the truck/dock access and garbage storage could then be moved to the other side of the building away from the neighbor. Mr. Desai said potential traffic issues on White Bear Avenue have not been addressed in the staff report and he would like to know what traffic study issues were considered. Engineer Steve Love explained the White Bear Avenue reconstruction plans, saying that a center median is planned with a right-in and right-out only allowed with the existing curb line along Batteries Plus and the vacant lot is proposed to stay in the same location. Commissioner Hess asked the materials proposed for the retaining wall and suggested that it be extended to cover more of the building. Planner Ekstrand said he understands it is proposed to be constructed with modular block. Commissioner Martin suggested that verbiage to control noise issues from the loading dock be added to the conditions of approval. Commissioner Martin asked if White Bear Avenue is planned for reconstruction south of this area. Director Konewko said there is a plan for reconstruction of White Bear Avenue south of this site, but he does not know the timeframe. Mr. Konewko said there is a required condition of approval for this proposal that the applicant meet with the city, Ramsey County and the consultant to ensure that all of the improvements are compatible with current and future White Bear Avenue reconstruction plans. Commissioner Yarwood said he has a problem with this proposal overall and has not heard reasons why this property's land use designation needs to be reguided and impose on the residential neighborhood. The applicant, Ryan Stemmons, said he is the real estate director for Aldi's. Mr. Stemmons said he does not believe that Radatz Avenue will be used as a main entrance or exit for Aldi's, but that White Bear Avenue will be used primarily. Mr. Stemmons said that he believes that traffic wanting to go Planning Commission Minutes of 08-18-09 -3- south on White Bear will exit through the Premier Bank access to Beam Avenue. Mr. Stemmons said that deliveries would be made to the store from their warehouse about six times per week, with an additional milk delivery made with a smaller truck at a maximum of three times per week. Mr. Stemmons said there is a doorbell that the driver would ring internally to inform staff of the delivery and trucks would not honk their horn unless it is an emergency situation or as a safety issue. Mr. Stemmons said there is not a safety or security issue, since the store has its own security personnel who could take care of any situation that might come up. Mr. Stemmons said that White Bear Avenue will be used as the access for all deliveries and Radatz Avenue will not be used for deliveries. Commissioner Desai mentioned that if the shared entry with the bank is moved further to the north, maneuvering will be tight for delivery trucks to make their turns and could create further traffic congestion. Mr. Stemmons agreed with Mr. Desai and said he would prefer separate curb cuts. Commissioner Desai responded that Ramsey County prefers a single curb cut, so this will need to be compromised. Commissioner Desai said he likes the idea of moving the dock area to the other side of the building and having trucks enter through the Premier Bank parking lot to the dock area. Commissioner Trippler asked if the applicant's engineer was present to discuss whether the loading dock could be moved to the other side of the store. Andy Brandel, with I&S Group, said that there is the ability to rearrange a store sometimes, but this store location is predicated on the site itself. Mr. Brandel said they feel that moving the delivery access to White Bear Avenue would make it more difficult to maneuver into and out of the site, along with traffic concerns. Commissioner Trippler asked if an access point could be put on the northwest side of the building and also move the loading dock to the west side of the building. Mr. Stemmons responded that to find if this could be done there would need to be a truck turning template run to see if a truck could actually get in and out in this manner. Commissioner Hess asked if a truck turning template was run on the proposed delivery access. Mr. Stemmons responded affirmatively saying the truck turning template was run on the various entrances to make sure the trucks could maneuver through the site. Commissioner Pearson said he does not agree with the environmental planner's recommendation suggesting the applicant apply for a variance to reduce parking stall size to allow more room for additional green space. Mr. Pearson said he does not believe that anything less than a ten-foot stall should be allowed for a grocery store. Mr. Pearson said this section should be removed entirely or the language concerning a parking variance be removed. Planner Ekstrand said he agrees and that he could clarify this item in a rewrite of the recommendation for the community design review board. Commissioner Fischer asked if the applicant had any concerns with any of the conditions of the staff recommendation. The applicant replied he did not have concerns. The public hearing was opened for comments from the public. The following spoke: Geoffrey Bull, 2035 Radatz Avenue, asked why we need an Aldi's when we have so many other grocery places in the area. Mr. Bull said that Radatz is a residential road and should not be used as an entrance and exit for a grocery store or a truck route. Diane Richardson said she lives on the corner of Radatz and Chisholm Avenues. Ms. Richardson said this proposal would affect her view, that Radatz is a residential street and this is a safety issue, and Aldi's would change the character of the neighborhood and decrease property values. Planning Commission Minutes of 08-18-09 -4- Singdhansu Chatterjee, 1995 Radatz Avenue, said he is opposed to this proposal due to an invasion of privacy of the neighbors, objected to city staffs plan to retain groundwater and drainage issues, loss of trees and environmental damage issues, added crime, and decrease in property values. Commissioner Yarwood commented that Mr. Chatterjee has reasons to be concerned about this development, but he has not helped his case with this presentation and suggested he rethink some of the statements he made tonight and in his letter. Commissioner Trippler suggested that staff respond to Mr. Chatterjee's comments on invasion of privacy and asked the difference in the final grading for Aldi's and the elevation for 1995 Radatz Avenue. Staff engineer Love explained that there is a difference of approximately 16 feet from the finished floor of Aldi's to the grade around the house at 1995 Radatz-that it is 16 feet lower walking into Aldi's than the grade around the west side of Mr. Chatterjee's house. Mr. Trippler said this would make peering into windows difficult. Commissioner Trippler said the planning commission does not determine if there is a market for another grocery store, but considers whether the application for a proposal meets the land use and zoning designations and then it is up to the market to determine if it is an appropriate place for a grocery store. Baishali Bakshi, 1995 Radatz Avenue, said she strongly opposes the construction of the Aldi's grocery store and spoke of the issues of crime, traffic, and loss of privacy. Joann Georgi, 2004 Radatz Avenue, said her concern is why there is a need for another Aldi's in the northeast suburbs. Ms. Georgi was concerned with trash, additional traffic, having an exit on Radatz, not having to pay for the installation and then plow sidewalks, and changing the land use and zoning designations for a big business. Commissioner Trippler said his measurements show that if the entrance onto Radatz Avenue is retained, it will only add traffic on 100 feet of Radatz Avenue. Bernie Hess, 1602 Thomas Avenue, St. Paul, asked when the swift plan needs to be submitted, how the traffic study count was done, and when will the 60 day time limit expire. Director Konewko responded that this project will require a National Pollution Discharge Elimination System (NPDES) permit that would be issued by the MPCA. Mr. Konewko said the Watershed District would also have control and access to this site and inspections would be done to ensure compliance with the permit. It was noted the 60 day time limit for this application will expire on September 14 but could be extended. Gene Ganzer, 1984 Radatz Avenue, asked Mr. Trippler how he would like a commercial driveway across from his living room with headlights shining into the living room. Mr. Ganzer said the person is buying this property as residential and now selling it at a profit with a commercial zoning. Geoffrey Bull again spoke saying that Radatz has a higher traffic flow than Beam Avenue, since traffic going east tends to use Radatz rather than Beam because there is only one stop sign on Radatz as opposed to two stop signs on Beam. Commissioner Trippler responded that once a year neighbors can request stop signs from the city and this could help to control traffic. Staff engineer Love said he does not have traffic count figures with him tonight, but it is something he can provide. Baishali Bakshi again spoke asking if there has been an economic assessment done to find how many jobs this project would add or how many jobs would be lost from the region. Commissioner Martin responded that the planning commission does not consider the financial impact of a project. Dan Regan, the seller's son, said he is in favor of this project and wants to see it go forward. Mr. Regan spoke regarding the drainage, safety, privacy and the proposed screening. Mr. Regan said they have a reciprocal easement agreement which allows traffic to flow through the bank parking lot. Planning Commission Minutes of 08-18-09 -5- Don Regan, owner of this property, said he bought this property to protect what goes on next to the adjacent bank property. Mr. Regan gave a description of his properties in the area. Mr. Regan said he wants to work with everyone and extended an invitation to stop by the bank building's 2nd floor where people can view the adjacent property clearly. Commissioner Trippler said he has not heard a compelling reason why the 1985 Radatz property should be rezoned from R1 to BCM. Mr. Trippler said if the building were reconfigured and possibly decreased somewhat in size on the IBC property, they could still build the store on the single property on White Bear Avenue. Mr. Trippler said the 1985 Radatz property may need to be used for the building entrance and exit. Commissioner Pearson asked where the mechanical systems would be located. Randy Peak of Pope Associates said the mechanical systems are rooftop equipment consisting of three packages. Mr. Peak said that with the current building configuration they are to be located on the north face of the building, as far from the residential area as possible. Commissioner Pearson asked staff whether the current pond or the proposed underground drainage system would perform better. Staff engineer Love said they are similar systems designed to capture a certain amount of water and allow the rest to pass through and enter the storm sewer system. Mr. Love said one happens to be above ground and one below ground. The public hearing was closed for input from the public. Commissioner Yarwood said he cannot support a change in the land use or zoning designations of 1985 Radatz Avenue, since he believes the LBC designation should be limited with entrances and exits on White Bear Avenue. Mr. Yarwood said he is fine with this proposal if they can locate the building on the property on White Bear Avenue. Commissioner Desai agreed with Mr. Yarwood's comments saying he cannot support the land use designation change for 1985 Radatz Avenue. Mr. Desai said the presentation made was not compelling regarding the proposed zoning change being consistent with the spirit, purpose and intent of the code and also, the control of noise. Commissioner Pearson said he does not want to approve the R1 zoning change. Mr. Pearson said he feels they are trying to shoehorn something into this space. Mr. Pearson referred to Planner Finwall's report mentioning several times the insufficiency of green space and tree planting. Mr. Pearson said he is not in favor of reducing parking spaces in order to gain green space. Mr. Pearson said he is not opposed to the use, but is not in favor of this plan and cannot vote in favor of it. Commissioner Hess agreed with the previous comments and said the land use designation has been put in place to reguide this property to BCM designation. Mr. Hess said he objects to the zoning code change based on the logistics, flow of traffic and semi trucks. Planning Commission Minutes of 08-18-09 -6- The commission asked for input from the applicant on whether they would be willing to revise their plan to use only the north portion of the 1985 Radatz property and locate the entrance and exit on White Bear Avenue. Mr. Don Regan responded saying he believes the lot at 1985 Radatz goes all the way to the bank lot and is an overly large property. Mr. Regan suggested that something may be done with Batteries Plus, since they have an entrance on both Radatz and Beam Avenue. Mr. Regan said as the owner he would be willing to come back to the commission with a revised plan, but he will need to see if Aldi's is willing to do this since they would need to do a lot of revision. The representative from Aldi's said they are willing to reconsider and look at other options, but said the major concern with the reconfiguration of the site is the safety issues. Commissioner Trippler moved adoption of the resolution approving a comprehensive land use plan amendment to change the land use classification for the property located at 2836 White Bear Avenue from LBC (limited business commercial) to BCM (business commercial modified). This amendment of the land use classification is based on the following reasons: 1. It would be compatible with abutting commercial uses. 2. It would be compatible with the existing BCM zoning of the property. Commissioner Yarwood seconded The motion passed. Ayes - all Commissioner Trippler moved to table items B, C, 0 and E until the applicant and staff have time to review the possible changes to reconfigure the site layout and resubmit the proposal. Commissioner Pearson seconded The motion passed. Ayes - all Commissioner Desai requested that staff look at the plan amendment request information which requires that the commission fulfill conditions and bring back more information so the commission can make a better decision. Commissioners commented that they do not like the suggestion of reducing parking space size, but like the idea that staff is asking applicants who do not need additional parking to minimize parking space to limit impervious areas, and also suggested getting copies of the roof and floor plans of a project and getting car count logs. VI. NEW BUSINESS None VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS None Planning Commission Minutes of 08-18-09 -7- IX. COMMISSION PRESENTATIONS a. City Council Meeting of July 27, 2009: Commissioner Pearson reported on this meeting. b. City Council Meeting of August 24, 2009: Commissioner Walton is scheduled. X. STAFF PRESENTATIONS None XI. ADJOURNMENT The meeting was adjourned at 10:15 p.m. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: James Antonen, City Manager Michael Martin, AICP, Planner Sinclair Conditional Use Permit Revision Sinclair Oil Corporation 223 Larpenteur Avenue East August25,2009 INTRODUCTION Project Description Sinclair Oil Corporation is proposing to reestablish a maintenance garage at the Sinclair Gas Station located at 223 Larpenteur Avenue East. The maintenance garage would operate within the three existing auto bays inside in the existing building. A maintenance garage had operated out of this site in the past as a legal non-conforming use because of a lack of a conditional use permit (CUP), but the site has not been used for auto maintenance for more than a year. The gas station had been closed for several months but recently did start selling fuel via self-service, pay- at-the-pump. The selling of fuel is limited to the hours of 6 a.m. to 11 p.m. - as stated in code. In 2002, Sinclair replaced the canopy over the gas pumps and replaced six gas pumps with four new pumps. Refer to Sinclair's letter attached to this report. Requests The applicant is requesting that the city approve the following: 1. A conditional use permit revision to operate a maintenance garage within the business commercial, BC, zoning district. BACKGROUND July 8,2002: The city council approved a CUP for a motor fuel station and for a fuel canopy with an existing nonconforming setback. August 11,2003: The city council approved a one-year time extension for the CUP for the expansion of the fuel station. September 13, 2004: The city council approved the CUP and requested a review again to ensure completion of the parking lot and landscaping improvements. December 18, 2006: The city council approved the CUP and requested a review again only if a problem arises or if a change or expansion is proposed. 1 DISCUSSION 2002 Conditional Use Permit Approval In 2002, the city council approved a conditional use permit to operate a motor fuel station at 223 Larpenteur Avenue. Sinclair had also received design plan approval for its proposal to build a new fuel canopy, refacing of the building, additional landscaping and conversion of the three existing automobile service bays to store space along with a 290-square-foot addition on the east side of the building. The interior of the building was to include a convenience store, office, and restrooms. In 2004, Sinclair completed the first phase of the project, which included the construction of the new fuel canopy, refacing of the fuel station and landscaping. At that time, Sinclair stated that it would not be constructing the addition as originally proposed due to the cost of the fuel canopy and other structural improvements. The auto bays were never converted to store space. Existing Business The Sinclair Gas Station was constructed in the late 1970s. The building is 1,641 square feet in area and houses a small convenience store and three automobile service bays. The location had been out of business for the last several months but recently starting selling gasoline via self- service, pay-at-the-pump. The site has previously been leased by Budget Towing for its towing and tire operation and also sold gasoline under the Sinclair name. Sinclair is proposing the revision to the existing CUP in order to lease the site to another party. Sinclair gasoline would still be sold at the site but it would be run by an outside party. Sinclair was constructed before the city's requirement that a conditional use permit be obtained for a motor fuel station or maintenance garage within the business commercial zoning district. Because of the proposed expansion of their facility in 2002, a conditional use permit for the motor fuel station was required. The city council approved that CUP because the facility met the nine requirements for a conditional use permit. The applicant is not proposing any major changes to the existing building, fuel canopy, landscaping or site plans. The applicant has indicated that some minor fayade improvements would be made. The location of the building has been established and no changes are being proposed that would change the existing footprint. The applicant is requesting the addition of maintenance garage to its existing CUP. Hours of Operation The city code states that no motor fuel stations or maintenance garages within 350 feet of a residential lot line shall be operated between the hours of 11 p.m. and 6 a.m. Sinclair is located next to residential properties to the west on the corner of Larpenteur Avenue and Adolphus Street (see map attached to this report). The existing CUP already limits the hours of operation to code requirements and the proposed revision would not alter that requirement. Parking Lot City code requires a motor fuel station to have four spaces, plus three additional spaces for each service stall. The parking stalls in front of the fuel pumps count toward the overall parking requirement. The site currently has four parking stalls on the west side of the building, however, those stalls needs to be striped. There is also room for additional parking on the east side of the site along the east side curb line. Those spaces would also need to be striped. In addition, staff 2 recommends requiring proof of parking on the east side of the property where an existing grassy area is located. Staff feels there are adequate parking facilities on site, but the addition of proof- of-parking will ensure that parking needs can be met if it were to become an issue in the future. Landscaping The applicant is not proposing any changes to the existing landscaping. The site does have an approved landscaping plan from the 2002 CUP approval and is attached to this report. The existing landscaping consists of Austrian pines and several types of shrubs. It is staff's position that the landscaping is sufficient for the site and no changes are needed. DEPARTMENT COMMENTS Michael Thompson, City Engineer: No comments, due to no structural changes being proposed for site. Police Lieutenant Richard Doblar: No public safety concerns. RECOMMENDATIONS 1. Adopt the resolution attached to this report approving a conditional use permit revision to operate a maintenance garage within the business commercial, BC, zoning districtfor the Sinclair Gas Station located at 223 Larpenteur Avenue East. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): a. The maintenance QaraQe and fuel station's hours of operation, including pay-at- the-pump fueling, are limited to 6 a.m. to 11 p.m. b. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. G. All Gem:trllGtien E:hall felle\'! the E:ite I3lan al3l3r-evea BY the Gity inGlllain!j the remeval ef the weE:terly Larl3enlellr Avenlle arive'Nay ana releGatin!jlhe arivevJaY ente Aaell3hllE: Slreet. The aireGter ef Gemmllnity aevelel3ment may al3l3reve miner chan!jes. a. The I3rCI3CSea ccnstrlleticn R'lllSt Be sllBstantially etartea within cne year cf the city GellnGil'E: al3l3reval er the l3ermit E:hall BeGeme nllll ana veia. The Gily GellnGil may exlena IhiE: aeaaline fer ene year. c. Continued compliance with approved landscapinQ plan, dated October 31, 2006. d. All repair, assembly, disassembly and maintenance shall occur within an enclosed buildinq. e. All trash. waste materials and obsolete parts shall be stored within an enclosed trash container. l No unlicensed or inoperable vehicles shall be stored on the premises for more than 48 hours. 3 fL Submit a site plan showinQ sufficient parkinQ stalls and proof of parkinQ, subiect to staff approval. b.., Parkinq stalls shall be striped. L The city council shall review this permit in one year. 4 CITIZEN COMMENTS Staff surveyed the 22 property owners within 500 feet of this site for their opinions about the proposal. Of the eight replies, seven were in favor of the proposal and one had no comment. In favor 1. I see no problem with this plan. (Walker, 1748 Onacrest Curve North) 2. We have no objection to Sinclair opening the bays for maintenance. We always traded at Sinclair until is closed. (Dittel, 1754 Onacrest Curve North) 3. I am pleased that this station will be open again. For me, this is very convenient. I used the auto repair shop that operated out of that station in the past. Convenient for me. I live just across the street - never was bothered by noise, odors or any other problems. I am looking forward to having this up and running again. I plan to use it like I did in the past. (Tillman, 196 Larpenteur Avenue East, Saint Paul) 4. Yeah - go ahead. I will for sure buy gas there and might need minor repairs. (Stephenson, 1706 Agate Street North) 5. No problem with Sinclair. Better then a vacant building. (Bousie, 176 Larpenteur Avenue East, Saint Paul) 6. I would like to have an auto maintenance garage at that location because it would be convenient for us to get an oil change. We used to go to the place on the corner of Wheelock and 35E, but it's gone now. It would be a good opportunity for a few open jobs too. (Violet 193 Wheelock Parkway east, Saint Paul) 7. We think that would be great for the area. (Western Hills LCC, 1760 Adolphus Street North) No comment 1. I have no comments. (Rideaux, 192 Larpenteur Avenue East, Saint Paul) 5 REFERENCE INFORMATION SITE DESCRIPTION Site Size: Existing Land Use: 43,246 sq ua re feet Motor Fuel Station SURROUNDING LAND USES North: West: South: East: Champps Americana Restaurant (zoned BC) Town Homes (zoned R3) Vacant Land in St. Paul (Zoned as General Business) Interstate 35E PLANNING Land Use Plan: Zoning: Limited Business Commercial (LBC) Business Commercial (BC) CRITERIA FOR APPROVAL Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. Refer to the findings in the resolution attached to this report. APPLICATION DATE The City of Maplewood received the complete application for Sinclair's proposal on July 15, 2009. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, city action is required on this proposal by October 6, 2009. P:ISEC18ISinclairICUP Revision_08070gISinclair_PC _090109 Attachments: 1. Location Map 2. Zoning Map 3. Land Use Map 4. Sinclair Oil Corporation Letter, dated August 6, 2009 5. Site/Landscaping plan, dated October 31, 2006 6. Conditional Use Permit Revision Resolution 6 N w s Attachment 1 Sinclair Gas Station 223 E Larpenteur Ave E ~...,.... Eli Location Map 2 Attachment 2 Sinclair Corporation - Request for CUP Revision AVE t Figure Two - Zoning Map City of Maplewood August 26, 2009 NORTH Attachment 3 Sinclair Corporation - Request for CUP Revision Jii <fJ :::l :l: il.. -' 13 l( SINCLAIR AVE t Figure Three - Land Use Map City of Maplewood August 26, 2009 NORTH Attachment 4 8/612009 City of Maple wood 1830 Co. Rd. BEast Maplewood, MN 55109 To Whom It May Concern: I represent Sinclair Oil Co. in the state of Minnesota. Sinclair intends to lease our currently Vacant property at 223 E. Larpenteur Ave, in Maplewood. This fucility has, in the past, been operated as a gas station/auto repair shop and that is how we hope to reopen it. There are four multi-product gasoline disp~nsers and a lighted canopy that are in good repair and their condition compares very fi\vorllbly to other locations in tbe surrounding area, The building has a small sales area and three service hays. It will receive minor improvements to the fuvade to freshen it up. The lessee will be subject to the terms of our Sinclair Agent contract, which will require that the site be kept clean and the landscaping be maintained on a weekly basis. Sinclair places a high priority on oetside appearance. Our image in the cOll1ll1unities we operate in is very important to us. I will personally be monitoring those items on a regular basis and have the authority to contract an outside party to provide landscaping services at the agents expense should our standards not be met by the agent. This facility has been vacant for more than a year now and I hope the city will see that it is in everyone's interest to re-establish that location as a successful enterprise serving the people in that neighborhood. (?lOU for your consideration, VA:' M Iubkl.l Area Supervisor Sinclair Oil Co. 952,738-2g39 Oct 31 06 05:29p SINCLAIR OIL Oct 31 2006 5:25PM V!LLAGE GREEN LANDSCAPES ,--?" I {4 i III (' ! '! :ia ! 1 ' I \ , II iU5 r , I I 1 I 1 I II \ I' \ 1 \ I \\ ,\0 , 1ul ~I~*~ , _Z, ,}IJ, ~~ ~ , , , .;: . ' , J' of . . " -' , ~ I 1....." . . .r.; " , ....'. 'J ......."-- ..' " ',~. fIr' wz........... . I. ":]11',)"\,,, t.~ ' "'.[_, ,,1,4 ,".!;.. "",:,~f/~' ~,!,._ ..:::~-'.:(l;.~'-~/l~'":: t,- ~:h, ,. . r.......' - - ~ .~ -f.\'- ~ -l.i.~~ '<", '.'" "'~': f;,;' >'/"',':':':~2 k" ~'A , ._ ~ ~ _ '" _'_ "- .. -. ---t,..-----;--. ..... I, . ..' .' ",->.;nQ., . '. I , I" . ! I I , , i . \ ,I ;, '1" , , " -"-I ':.t " , I Ul , , , .~ ft1 ~ 1 fQ i ~' ~ ,~ A ~3tt~ ~ ~;": '-:. Rr [n #'J .' ~ ~l'l ~mhlZ m~i \... ~~- -----, - - -.- -.- Ii l!~,,'l. m~ Ii ~b, ''-.", " '" :--(f~~ -0-: r~lS'~i : Q : 0 -i! (I : '.' II I" .: Q ~ 0:: (I : ! , 1\ I , 1 II I \ I " I L~Q.J .QMJ LQ~J o o n :::r p:mlS-SflHdlOO>rt . . Landscaping and site plan - Sinclair Oil 952-736-1141 6516429865 >, , \1 \B i?- ld. ~!l d ~! t::I ~ II . 0 -. t? I i? ~~ ~ "=l_E. tn 'll U," 'l>o~'!'1 "I'~! "I" I iiji ~ ~~ d. tJ)' Vl! IJ :@ 'IJI 4~- f ., ,'-S"'" '2" ,~~ -Zcfj :1 ....... :' {' I' ! . t , !II Ii, a ~::<.I ~' . " .. '" .. ~", . .:. ~. '."".' , , ., ," , ',.,' X. , ,Jr,', ~. . . Ii .' , , \ , " lei . .~. ] ". . ".,Q ,'-'. ./ . .../''', " " Q ~ ~ " :0' z w ,n. no :5 . ' ','" . o .; , '~I .,..... . ", - , if p.2 p.2 Attachment 5 i ',.': ATTACHMENT 6 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Sinclair Oil Corporation applied for a conditional use permit revision to operate a maintenance garage within the BC, Business Commercial, zoning district; WHEREAS, this permit applies to property located at 223 Larpenteur Avenue East. The legal description is: The West 300 feet of the South 290 feet, except the West 30 feet thereof, of the West Y:! of the Southeast Yo of the Southeast Yo of Section 18, Township 29, Range 22, WHEREAS, the history of this conditional use permit is as follows: 1, On September 1, 2009, the planning commission held a public hearing, The city staff published a notice in the paper and sent notices to the surrounding property owners, The planning commission gave persons at the hearing a chance to speak and present written statements, The commission also considered reports and recommendations of the city staff, The planning commission recommended that the city council the conditional use permit revision, 2, On , the city council discussed the proposed conditional use permit revision, They considered reports and recommendations from the planning commission and dy staff, NOW, THEREFORE, BE IT RESOLVED that the city council described conditional use permit based on the building and site plans, permit because: the above- The city approved this 1, The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances, 2, The use would not change the existing or planned character of the surrounding area, 3, The use would not depreciate property values, 4, The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances, 5, The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets, 6, The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks, 7, The use would not create excessive additional costs for public facilities or services, 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, Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): 1, The maintenance QaraQe and fuel station's hours of operation, including pay-at-the- pump fueling, are limited to 6 a,m, to 11 p,m, 2, The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc, J, All GenE:trllGtien E:hall fellew the E:ite I3lan al3l3r-evea BY the city inGlllain!j the remeval sf the westerly Larl3entsllr I\vsnlle ariveway ana relscatin!j the ariveway snts Aaell3hllE: Slreet. The aireGter ef Gemmllnity aevelel3ment may al3l3reve miner chan!jes, 1, The I3rSI3SSea csnstrlletisn R'lllSt Be sllBslantially etartea within sne year sf the city GellnGil'E: al3l3reval er the l3ermit E:hall BeGeme nllll ana veia, The Gity GellnGil may exlena IhiE: aeaaline fer ene year. 3, Continued compliance with approved landscapinQ plan, dated October 31, 2006, 4, All repair. assemblv. disassemblv and maintenance shall occur within an enclosed buildinq, 5, All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. 6, No unlicensed or inoperable vehicles shall be stored on the premises for more than 48 hours, 7, Submit a site plan showinq sufficient parkinq stalls and proof of parkinq. subiect to staff approval. 8, ParkinQ stalls shall be stripped, 9, The city council shall review this permit in one year. The Maplewood City Council adopted this resolution on ,2009,