1996-07-23 Planning Comm MinutesMOMM"gaww
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PLANNING COMMISSION MINUTES
JULY 23, 1996 (Corrected Minutes)
The regular meeting of the Mendota Heights Planning Commission was held on
Tuesday, July 23, 1996, in the City Hall Council Chambers, 1101 Victoria Curve.
The meeting was called to order at 7:35 o'clock p.m. The following members were
present: Betlej, Vice Chair Duggan, Friel, Koll, and Tilsen. The following members
were excused: Chair Dwyer and Lorberbaum. Also present were Public Works
Director Jim Danielson, Planning Consultant Meg McMonigal, Administrative Intern
Patrick Hollister, and Recording Secretary Cheryl Wallat.
APPROVAL OF MINUTES
Commissioner Tilsen moved approval of the June 25, 1996 minutes with
corrections.
Commissioner Duggan seconded the motion.
AYES: 4
NAYS: 0
ABSTAIN: 1 (Commissioner Betlej)
CASE
• •,
EDINGER -
REAR YARD SETBACK VARIANCE
Kris Edinger was present to discuss her request for a 5 -foot variance to the
required setback for her home located at 705 Ocala Lane, for a deck and porch
to be located 25 feet from the rear property line as required in the R-1 zoning
district.
Commissioner Koll noted this improvement would be an asset to the
neighborhood. Commissioner Friel inquired if all of the signatures of neighbors
in the requisite distance had been obtained. Ms. Edinger confirmed they had
and noted she had received comments in support of the proposed
improvements.
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Commissioner Betlej noted the drawings indicated a deck which would be 11
by 16 feet which would require a 6 -foot variance. Vice Chair Duggan noted
as well that the Commission would be considering a 6 -foot variance for the
deck side.
Vice Chair Duggan advised Ms. Edinger the City will require scale drawings of
the porch and deck area. Commissioner Tilsen felt the yards in the area were
crowded and asked if Ms. Edinger had intentions of adding an accessory
structure. In addition, Commissioner Tilsen asked if she would be willing to
have a condition placed on the variance that an accessory would not be added
in the future. Vice Chair Duggan noted storage area could be provided by
utilizing the space under the deck and/or porch. Commissioner Friel stated he
did not feel the Planning Commission had the authority to place a condition on
the variance.
Commissioner Betlej moved to recommend that the City Council grant a 6 -foot
setback variance as requested to allow the construction of a deck and porch
subject to detailed plans of the deck and porch being submitted to the City.
Vice Chair Duggan seconded the motion.
Commissioner Friel commented this is the kind of circumstance which the
Planning Commission has recognized as one where it ought to have the ability
to recommend granting a variance even though it was not justified under the
ordinance because it did not meet the hardship requirement, just as the request
of Ms. Edinger fails to meet the hardship requirement. He noted this is a
fundamental requirement in order to obtain a variance. Commissioner Friel
stated the Planning Commission had sent forward a recommendation to the
City Council by way of an ordinance to correct that deficiency to enable the
Planning Commission to deal with variance requests such as this without
violating the City's ordinance. Since City Council has not responded to this
request, Commissioner Friel stated he would be constrained to comply with the
ordinance and would not be voting in favor of the request.
AYES: 4
NAYS: 1 (Commissioner Friel)
Vice Chair Duggan noted this matter will come before the City Council for their
consideration on August 6, 1996.
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CASE NO. 96-21:
WIRTANEN CLARK LARSEN ARCHITECTS -
MONUMENT SIGN VARIANCE
Ted MacLeod, Associate Architect, Wirtanen Clark Larsen Architects, appeared
on behalf of National Rod Ends in requesting a 40 -foot variance to the required
setback for signs, from 40 feet to 0 feet, to locate a ground sign at its property
line.
Commissioner Tilsen inquired if there would be any distance off the property
line which would be satisfactory for placement of the sign. Mr. MacLeod felt
if the sign were located within five feet, that would be satisfactory; however,
if it were to be moved back further than the five feet, it would interfere with
drainage on the property.
Commissioner Friel inquired as to the business of National Rod Ends. Mr.
MacLeod explained the nature of the business and that rod ends are used for
suspension in cars and meat packaging equipment. Commissioner Friel
commented there probably would not be a lot of retail travel in and out of the
business and Mr. MacLeod confirmed that would be true. Vince Jiovanazzo of
National Rod Ends noted the location in Mendota Heights was desirable due to
the exposure to traffic traveling on Highway 55. He explained that 20 percent
of National Rod Ends business surrounds high performance vehicles with the
balance of the business being for industrial uses.
Mr. Jiovanazzo further explained that the corporation initially intended to put
the company name on the building; however, due to corporate decisions and
policies, the signage could not be located as originally intended.
Commissioner Koll commented she has no problem with the request for the
sign since the sign is actually located on a frontage road. With respect to the
sign itself, Commissioner Koll inquired if the sign was two-sided and what type
of illumination would be utilized. Mr. Jiovanazzo stated the sign would be
internally lighted.
Vice Chair Duggan asked for clarification on the parking space noting that
under C1.1 of the site plan, it reflects office at 5,095 square feet, indicating
one space for every 500 square feet; however, in reviewing another request,
it is noted one space for every 200 square feet in relation to office space. City
Planner Meg McMonigal noted over 6,000 square feet requires one space for
every 200 feet and under 6,000 square feet would require three spaces plus
one for every 500 square feet.
Vice Chair Duggan further questioned with respect to manufacturing if there
is a difference in relation to manufacturing versus parking for warehouse. City
Planner McMonigal stated there would be a difference in that for
manufacturing, four spaces are required plus one for every 800 square feet.
With respect to warehouse space, one space is required for every 500 square
feet over the initial 500 square feet.
Commissioner Tilsen expressed his opinion with respect to the internal
illumination of the sign that there is sometimes a tendency to over light the
signs. Mr. Jiovanazzo clarified there will not be illumination of anything other
than the sign. Commissioner Tilsen encouraged that the sign not be over -lit.
Mr. Jiovanazzo stated it would not be his intention to attempt to attract traffic
since the business is not a retail outlet.
Commissioner Friel inquired if the sign meets the requirements of the ordinance
and Public Works Director Danielson stated measurements had not been taken;
however, this issue will be addressed.
Vice Chair Duggan expressed his opinion this is an excellent plan.
Commissioner Koll moved to recommend that the City Council grant a 40 -foot
variance to allow the installation of a ground sign at the property line as
requested.
Vice Chair Duggan seconded the motion.
Commissioner Betlej questioned the justification behind the variance and asked
the Commission if this variance would serve to alleviate an undue hardship or
was the hardship brought upon by the applicant. Commissioner Friel noted his
agreement with Commissioner Betlej's comments and stated he does not see
a hardship and will not vote in favor of the request.
AYES: 3
NAYS: 2 (Commissioners Betlej and Friel)
CASE NO. 96-23:
UNITED PROPERTIES -
PUD CONCEPT PLAN
This matter was passed to be considered after the other items on the agenda.
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CASE • 96-19:
INDEPENDENT SCHOOL DISTRICT
CUP FOR TEMPORARY PORTABLE BUILDING
Lois M. Rockney, Assistant Superintendent, Independent School District 197,
appeared requesting a Conditional Use Permit to place a portable building for
temporary classroom/office unit on the north end of the Mendota Elementary
School for the 1996-97 school year. The building would be removed at the
end of the school year since the new Friendly Hills Middle School will be open
for the 1997 school year.
Vice Chair Duggan inquired if the existing parking requirements were sufficient
to meet the addition of the portable and if consideration had been given to
setbacks in relation to other buildings on the property. Public Works Director
Danielson stated the fire marshall will address those issues.
Ms. Rockney noted she has conferred with the fire marshall with respect to the
setbacks and it was her understanding the setbacks for the portable would be
consistent with the current setbacks for the portables presently on the site.
Vice Chair Duggan asked if the question of handicapped access had been
resolved. Ms. Rockney noted she did not anticipate students with handicapped
needs would be utilizing that building.
Commissioner Koll noted the District would not make the request if there were
not a need for it.
Commissioner Tilsen asked for clarification on the location of the portable. He
also inquired if the fire marshall had visited the site and Ms. Rockney stated the
fire marshall does make periodic visits to the school.
Commissioner Tilsen further expressed concern for any possible safety hazards
with respect to general access in the event of an emergency and stated he
would encourage a site visit by the fire chief or fire marshall for their approval.
Ms. Rockney stated the School District would definitely be willing to
accommodate that request.
Vice Chair Duggan asked for verification of the accuracy of the scale drawing.
Public Works Director Danielson noted the drawing was not accurate. Vice
Chair Duggan asked that an accurate scale drawing be provided to the City.
Commissioner Friel moved to close the public hearing.
Commissioner Betlej seconded the motion.
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Commissioner Betlej moved to recommend that the City Council approve the
Conditional Use Permit for a temporary portable building at Mendota
Elementary School for Independent School District 197, subject to removal of
the portable on July 1, 1997, fire marshal) approval, and the submission of
accurate scale drawings to the City.
Commissioner Koll seconded the motion.
Public Works Director Danielson noted one case went before the City Council
which was the Northern States Power Conditional Use Permit for expanding
their substation. The Council expressed concern with respect to noise. The
matter was tabled and the City hired a noise consultant who met with NSP at
the last Council meeting to discuss the ground rules for the investigation. They
will meet prior to the next Council meeting to determine alternatives for
improvements to the noise mitigation for the adjoining homes.
Vice Chair Duggan recessed the meeting at 8:28 p.m. and resumed the
meeting at 8:35 p.m.
CASE •
PASTER ENTERPRISES -
CUP FOR •
John Streeter, Paster Enterprises, addressed the Planning Commission and
explained that Paster Enterprises is closing on the underlying fee statement of
the parcel of property adjacent to the shopping center property on or before
August 10, 1996. Mr. Streeter further explained the Mendota Heights Senior
Housing Project has approximately 34,000 yards of dirt which must be
disposed of off-site. The Dakota County HRA could save a substantial amount
of money if they could place this excess soil in the general vicinity without
having to truck it off-site.
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Mr. Streeter noted the parcel of property adjacent to the shopping center has
been engineered to hold approximately 15,000 yards of dirt. He further noted
a study had been completed by the Paster Enterprises engineer as well as the
City engineers and as a result, the runoff the ravine would hold would
changed, but would still meet the same engineering standards as presently
exist.
Mr. Streeter stated any fill over 400 yards within the City of Mendota Heights
would require Planning Commission approval as well as City Council approval.
Mr. Streeter estimated the savings to Dakota HRA to be approximately
$26,000.
Vice Chair Duggan asked for clarification of the location of the property and
verification of where the land fill would be coming from. Rod Roetzel,
Consulting Engineer, Bolton and Menk, Inc., addressed this request and
reviewed drawings of the subject area.
Vice Chair Duggan inquired if a determination had been made that the
underlying properties were owned by Sheehy. Mr. Roetzel confirmed they
were owned by Sheehy. Mr. Streeter commented that Dorsey & Whitney
made a search with respect to the owners of the underlying fee statements
relative to the three parcels of property. He explained the westerly most parcel
is owned by the Sheehy family, the center parcel is owned by the Estate of
Laura Fischer, and the parcel to the east of that belongs to the Nature Center.
Mr. Streeter noted in addition to the search made by Dorsey & Whitney,
Dakota County has made a thorough search as well.
Mr. Roetzel stated the issue of drainage has been discussed with the City and
MNDOT. He stated this area is not a wetland under any classification he could
find. With respect to hydraulics, both MNDOT and the City have indicated
there is no need to provide a retention pond, but rather sedimentation quality.
Vice Chair Duggan noted this was within 100 feet of a wetland and that an
application would need to be made for a wetland filling permit. He inquired if
the public hearing had been noticed to that effect. Public Works Director
Danielson stated it had not been included in the notice for a public hearing.
Mr. Roetzel noted there would be trees impacted by the filling area. He stated
the developer's intent would be to work around the existing trees as best he
could. Vice Chair Duggan noted it was estimated 54 trees would be removed
and that there is a policy with respect to tree removal. Public Works Director
Danielson noted a tree removal permit would need to be considered by City
Council.
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Vice Chair Duggan asked if there were plans to replace the 54 trees with a like
number in another location. Mr. Streeter stated it was his understanding the
developer would be allowed by code to take down six trees at a time without
a permit. Vice Chair Duggan stated he did not agree that was accurate. Public
Works Director Danielson stated a total of six trees could be taken down
without a permit.
Commissioner Tilsen inquired if substantiation that the wetland will not be
affected by the fill had been obtained from biologists. Mr. Streeter stated this
had been verified by the City Engineer. Mr. Streeter added this particular area
is part of a watershed, but not a wetland. Commissioner Tilsen related his
understanding of a wetland and urged careful consideration be given with
respect to this issue. Mr. Streeter stated this is not a natural wetland in that
the ravine is manmade as are the banks. The stage of the ravine was to be a
holding sediment pond for the run-off of the parking lot of the shopping center.
Commissioner Tilsen stated his understanding the law does not differentiate
between natural and manmade wetlands.
Commissioner Friel noted this is the natural drainage whether it has been
enhanced or not. He felt there was speculation as to the nature of the wetland
and stated he would like to have definitive advice from staff prior to making a
recommendation. Public Works Director Danielson commented he did not have
a definitive answer, however, there is a manmade water course which was
constructed by the City to carry the water flow by the site. He noted there is
no proposal to fill or disturb that water course whatsoever. Mr. Danielson
stated his references were to the skimming pond which was constructed on
the site to remove McDonald's paper and oil and grease from the parking lot
of the shopping center. He stated he will further discuss this matter with City
Engineer Marc Mogan.
Mr. Streeter offered to hold back 100 feet from the wetland with any fill and
stated he could still proceed with the project. Vice Chair Duggan noted the
Planning Commission would require verification of the location of the wetland.
Vice Chair Duggan inquired if the purpose of the request was to expand the
parking lot in addition to acquiring material which would be relatively free and
saving money in that it would not be necessary to haul the material to another
site. Mr. Streeter noted at this time, that would be correct. Vice Chair Duggan
inquired if there was a need for additional parking. Mr. Streeter stated there
was not a need for additional parking at the present time.
Mr. Streeter recited the history of the parcel indicating this parcel had been
taken away from the shopping center property as a taking in 1954. The
developer is asking for the return of the parcel for undetermined future
development. Vice Chair Duggan expressed concern regarding the future plans
for the property and the fact that Dodge Nature Center would be impacted by
any future plans. He pointed out the Planning Commission has the right to
request this information and noted it would be helpful if the developer were to
submit a proposed conceptual plan.
Mr. Edwin Paster addressed the Planning Commission and stated one of the
reasons for purchasing the property was to ensure an unwanted competitor
would not become located adjacent to his current property. He acknowledged
any future plans would have to be approved by the Planning Commission prior
to its development.
Commissioner Tilsen asked for clarification of the statement reflected in Mr.
Roetzel's letter of July 3, 1996, to City Engineer Marc Mogan which states,
"Based upon your verbal approval, the proposed outlet is a 42" CMP with a
sedimentation weir set at the 1 -year pond elevation of 833.7." Mr. Roetzel
explained this sedimentation detail, which is standard for all watershed districts
in the area, is typically set for a one year pond elevation.
Commissioner Friel explained he would have difficulty in authorizing the filling
of any kind of land unless a proposed plan was presented which would outline
a specific purpose or plan. He expressed his belief there had been an
oversimplification of the status of the title of the property and felt there would
be a need to prove valid title of the property.
Mr. Streeter commented the developer has been searching for the owners of
the underlying fee statement on the property for three to four years. The
Dakota County HRA worked for two years before locating the owners of the
underlying fee statement. The developer has been working with the attorney
of the executrix for the Laura Fischer Estate and the attorney for MNDOT, he
has a Letter of Intent and a closing date has been set for August 10, 1996.
Commissioner Koll expressed concern the property will be used in the future
for additional parking. Vice Chair Duggan asked for clarification of the current
zoning of the property and Public Works Director Danielson stated the zoning
line is in approximately the middle of the right-of-way, which would mean the
Sheehy property is zoned B-4, which is shopping center, and the Fischer
property is half B-4 and the other half is residential R-1 A, which is large
residential lots.
Vice Chair Duggan expressed his hope that future plans will be fortuitous for
the City and that it will not be ten years into the future. He urged Mr. Paster
to submit a plan for his "dream" to enable the City to know what might be
proposed in the future. Vice Chair Duggan asked Mr. Paster if he would also
be interested in the Sheehy property and Mr. Paster acknowledged he would
be interested in that property.
Mr. Paster stated his "dream" for the future would be to continue to meet the
needs of the center and provide services and goods the community would
want and be receptive to.
Commissioner Koll commented she did not feel what had been presented will
answer the concerns of the Planning Commission. She further commented that
information is lacking and she would like to know where the wetlands are and
what impact could be expected.
A representative of the Dodge Nature Center addressed the Planning
Commission and suggested the Dakota County Soil and Water Conservation
Service be contacted with respect to the wetland delineation. With regard to
the movement of the soil, the Dodge Nature Center would hope that the issue
related to the wetland would be. evaluated very carefully and that the developer
not be allowed to raise the water level in the adjacent marsh.
Mr. Streeter expressed concerned with regard to the marsh area and stated
Bowman & Mix Hydrologists were commissioned to ascertain any problem with
the downstream situation with the water. Mr. Roetzel reviewed the procedure
which was followed by Bill Douglas of Bowman and stated a copy of his report
was contained in the Planning Commission's packet. Vice Chair Duggan noted
that water will follow the path of least resistance and stated the hydrologist's
study was not included in the packet and requested a summary of that report.
Vice Chair Duggan suggested with respect to the issue of grading that Mr.
Paster produce a schematic side line drawing indicating the contours in
association with the Fischer property and in association with the creek. He
requested this drawing be submitted in detail prior to the next Planning
Commission meeting.
Mr. Streeter stated the fill issue will come and go prior to the next meeting and
pointed out this would drive the construction cost of a $2.5 million building
into winter construction by holding the process back a couple of weeks. Vice
Chair Duggan commented on the prior actions of the HRA and noted the
budget of the HRA had reflected a cost of $26,000 which had been factored
in for the removal of the dirt.
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Vice Chair Duggan stated the second stipulation which would be necessary
would be a more in depth discussion with respect to tree removal and
landscaping. Mr. Streeter stated this request could be accommodated. He
further stated the entire plan had been completed hand-in-hand with City staff
and City engineering. Mr. Streeter stated the entire request had been reviewed
and agreed to by City staff. Vice Chair Duggan explained the Planning
Commission would not be in a position to render a decision until all of the
relevant facts had been considered.
Vice Chair Duggan noted the Site Development Plan Check Off Sheet, Item No.
1 refers to the location of all buildings on the property in question including
both existing and proposed structures and the notation "no proposed
structures" which would indicate the property would be left as a parking lot
and noted that Mr. Paster is stating that would not be the case. Mr. Paster
stated it is his intention to acquire the land and level it and there are no plans
for a structure or a parking area at this time. He further stated the property is
adjacent to a valuable shopping center and it is valuable land which the
developer has an opportunity to bring up to grade in addition to saving money
on the part of the developer as well as the HRA. Mr. Paster emphasized he
could not give answers he did not have with respect to future plans.
Vice Chair Duggan clarified if a structure is proposed in the future, that plan
would involve a new application. Public Works Director Danielson noted the
benefit to the HRA or Mr. Paster was not the reason for the City's involvement.
The City did not want 34,000 yards of fill trucked off the site in the event Mr.
Paster would, at some future time, want to develop and bring in fill. This
would also save on the roadway.
Commissioner Betlej added that approval of this Conditional Use Permit would
mean avoiding many truckloads of dirt being taken off-site, which would save
wear on the City's roads.
Commissioner Tilsen moved to close the public hearing at 10:00 p.m.
Commissioner Betlej seconded the motion.
AYES: 5
NAYS: 0
Commissioner Friel moved to recommend the City Council approve the
Conditional Use Permit for land reclamation at Mendota Plaza for the movement
of the fill from the HRA site to this site subject to the following conditions:
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The applicant must provide evidence to the City of ownership of the property
and ensure removal of the fill if the applicant is granted this permit and does
not acquire the property and subject to the further conditions:
1. That the applicant will withdraw the application for a wetland permit.
2. There will be no spreading of the earth which is removed from the HRA
site until such time as evidence of title is made available to the City.
3. There shall be no removal of trees until there is evidence of applicant's
ownership of this property.
4. A hydrologist's report shall be obtained which will demonstrate there is
no upstream effect of this filling on the wetland to the south and east
and that the City will get a review of the area by the Dakota County
Water Preservation District to assure they have no concerns regarding
wetland impacts all before there is any spreading of that earth.
5. An environmental impact study shall be included as well.
Vice Chair Duggan seconded the motion.
AYES: 5
NAYS: 0
►�iTiTi ii T�1Tl<�7_� d:�
Vice Chair Duggan noted the requested information should be supplied by the
August 6, 1996 meeting.
Dale J. Glowa, Senior Vice President of Development, United Properties
presented the request of United Properties with respect to a Concept Plan for
a future six building development named Mendota Technology Center to be
located on Northland Drive fronting 1-494 in the Mendota Heights Business
Park. The current plan includes four single -story office warehouse buildings
and two office buildings of 40,000 square feet each. The total project is
estimated to contain 240,900 square feet, located on a total land area of
21.52 acres. In addition, the buildings will be developed in phases, subject to
market demand. The intent is to find a lead tenant prior to construction of the
building. Issues with respect to ponding will be engineered within City
requirements.
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With respect to appearance, Mr. Glowa provided information and photographs
of a building with similar elements which was constructed in Missouri as well
as sketches of the proposed one and two story buildings.
Mr. Glowa noted the planner suggested the plan include more parking than is
necessary for the project and he stated the developer could substitute some
of the parking area with additional landscaping.
Commissioner Tilsen commented on the layout of the project and indicated he
liked the idea the building would be heavily screened. He suggested the
buildings at the north end of the four warehouse one story buildings be
widened on the north end to allow for office space and to assist in screening
the spaces between the buildings.
Mr. Glowa stated they had considered that; however, it then becomes an
unfinancable project because it becomes a special purpose piece of real estate
in today's market and creates a marketing depth which is not desirable in the
market place.
Commissioner Friel inquired if parcels would be sold off to investors. Mr.
Glowa explained the parcels would not be sold; however, United Properties
would be considering two options which would include selling the project to
a third party investor with United Properties retaining property management
services or the parent company of United Properties may retain ownership and
finance the cost through outside traditional mortgage sources.
Commissioner Koll asked for clarification of the warehouse space and
expressed concern with respect to the possibility of truck traffic. Mr. Glowa
stated the warehouse space use could include distribution or light
manufacturing work; however, it would not be conducive to heavy industrial
use. Commissioner Koll also inquired relative to the number of tenants which
would be anticipated. Mr. Glowa commented this would be difficult to
anticipate at this time.
Vice Chair Duggan asked if consideration had been given to a restaurant. Mr.
Glowa pointed out there are insufficient single family homes in the area to
support a restaurant, however, a commitment was made to the Marriott
Corporation for the marketing of a particular site for a restaurant.
Commissioner Betlej noted with respect to the issue of density, the office
space was low. Mr. Glowa explained the market has not proven itself to be
office driven. He stated there would be a possibility of adding more density on
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the site at a time possibly ten years in the future when the market matures;
however, he did not feel the market would support the larger buildings.
Commissioner Betlej commented in terms of signage, he would like to see that
issue fully developed when the final concept plan is presented. Mr. Glowa
stated he would expect the major tenant to display signage for identification.
Commissioner Betlej commented on the location of the buildings with respect
to the parking area. Vice Chair Duggan inquired where Mr. Glowa would
propose reducing the parking area. Mr. Glowa explained he would expect to
reduce the front end on the office buildings and the intent would be to increase
the green area. City Planner Meg McMonigal stated the goal would be to
maintain a consistent landscaped area along the road. She further stated
parking along 494 would need additional illumination due to the blind areas.
Mr. Glowa thanked the Planning Commission for their comments and
suggestions.
City Works Director Danielson stated this matter will be brought before the
City Council for their consideration.
Vice Chair Duggan expressed concern regarding the exit onto Highway 55 so
berming does not become a visual obstacle.
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There being no further business, the Planning Commission moved to adjourn
its meeting at 11:07 p.m.
Respectfully submitted,
Cheryl Wallat
Recording Secretary
TimeSaver Off Site Secretarial
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