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1996-04-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES APRIL 23, 1996 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 23, 1996, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Dwyer, Koll, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant Lynn Rabuse, Senior Secretary Kim Blaeser and Administrative Intern Patrick Hollister. uu* 1IRTSIMUK912-k WiL 11111 Commissioner Tilsen moved approval of the March 26, 1996 minutes with corrections. Commissioner Lorberbaurn seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 2, KOLL, FRIEL CASE NO. 96-10: PALMER: WETLANDS PERMIT TO REPLACE DECK Mr. and Mrs. David Palmer, of 675 Ivy Falls Court, were present to discuss their request for a Wetlands Permit which would allow them to replace a deck with a screened porch and replacing a wood retaining wall. Chair Dwyer stated that the existing deck and retaining wall are in poor repair and replacement seems necessary. He stated that the applicants are not proposing to enlarge the affected area. Chair Dwyer stated that signatures of consent have been received and that the Planning Commission may waive the required public hearing. In response to a question from Chair Dwyer, Mr. Palmer stated that the building materials will consist of cedar and that the materials will be consistent with his existing home. 11 Commissioner Koll stated that it would be beneficial to plant native plantings, such as Ivy, between the deck and the retaining wall. Mr. Palmer stated that he intends to plant some native plantings to help control erosion. A discussion ensued regarding the recent creek reconstruction and erosion control measures taken by the former owner of the Palmer's home. Commissioner Lorberbaum moved to recommend that the City Council approve the requested Wetlands Permit. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 Public Works Director Danielson briefed the Planning Commission on recent City Council actions regarding recent planning cases. Regarding the Mathern Subdivision request, Commissioner Betlej noted his concern for the inadequate size of the frontage road in that it does not allow two vehicles to pass at one time. Regarding the Dakota County HRA Senior Housing request, Commissioner Friel discussed the hearing process. Commissioner Duggan inquired if the HRA will include an exercise room within the Senior Housing project. Public Works Director Danielson stated yes. I ITI 1:110:401:1914 1 VAI kin WAI 0 1 PAU W-11 0 1 L� I ILI Leir-11", Chair Dwyer introduced State Senator Deanna Wiener, State Representative Tom Pugh, Metropolitan Councilmember Kevin Howe and Metropolitan Council staff planner Gunnar Isberg who were all present to discuss recent changes to the Minnesota Land Planning Act. Commissioner Friel stated that with the change in the law, it appears that land use decisions in the City will be controlled by the Metropolitan Council. Friel stated that the City's ordinance system for due process notice to citizens regarding land use changes will be rendered ineffective. He stated 2 that citizens come to depend upon notice of change in "zoning" to alert them to possible adverse impacts on property they own and that with the change in law, citizens will not readily understand that notice of proposed changes in the comprehensive plan are intended to provide them with the same alert. Friel stated that another apparent consequence under the recent amendment is that property which is expected to be used for a commercial or industrial purpose under a comprehensive plan but is currently zoned as residential will, come December 31, 1998, be effectively "zoned" commercial or industrial. Friel stated that this will result in a real estate tax assessment at the higher commercial or industrial rate which will have the effect of forcing development that neither the owner nor the community may desire or be ready for. Kevin Howe, Metropolitan Councilmember, explained that the Metropolitan Council would like to see local community plans be consistent with the Met Council plan. He stated that there is a great deal of cooperation between the Met Council and cities. He stated that with the amendment, he does not believe that there will be any taking of property. Howe stated that the Met Council is looking for consistency within their four systems (Airports, Regional Parks, Transportation and Waste Water System). He stated that there should be public hearings conducted with comprehensive plan amendments and he agreed that more people attend zoning amendment hearings. Howe stated that the Commission's fears are valid and that other communities have expressed their same concerns. Senator Wiener stated she had authored a bill which would amend the 1995 amendment to the Metropolitan Land Planning Act. She explained that discussion on this bill has been continued which would allow more time to work with the Met Council. Wiener stated that she is willing to meet with other cities and with the Met Council to discuss possible amendments to the Land Planning Act. Commissioner Friel noted his concern for removing a citizen's right to being informed of land use changes. He cited an excerpt from an article within the Minnesota Real Estate Law Journal written by Brian W. Ohm, former attorney for the Metropolitan Council, regarding three categories for defining the land -use processes of states, depending upon how states characterize the relationship of zoning to the comprehensive plan: 1 The "Unitary" view, which considers the zoning map as the "comprehensive plan", hence the only important document; 2. The "Planning Factor" view that a local plan, if it exists, is a factor to 3 consider in determining the validity of a local land use decision; and 3. The "Planning Mandate" view that the comprehensive plan is separate and dispositive document in determining the validity of a local land use decision. Senator Wiener stated she would like some guidance and she suggested that the City work with the League of Minnesota Cities. Commissioner Friel pointed out that the League of Minnesota Cities represents all of the cities in the State of Minnesota and that outstate communities will continue to operate under their own system because the Metropolitan Council does not regulate outstate communities. Representative Pugh stated he would like to see Senator Wiener's amendment pursued. He pointed out that the Twin Cities metro area is the only major area in the country which allows zoning to take precedence. Chair Dwyer stated that it is clear that everyone is aware of the problem. Mr. Isberg stated that the intent of the 1995 amendment was to strengthen local planning and that the Met Council cannot implement policies without local governments. He stated that he intends to discuss this issue with other communities. He briefly explained how the Met Council intends to pursue discussions with communities. Mr. Isberg stated that there are provisions within the Land Planning Act that act as a "safety valve". He stated that cities are able to create a "Staged Growth Zone" which would deal with inconsistencies between the comprehensive plan and the zoning ordinance. Commissioner Friel stated that he is perplexed in that if the Land Planning Act was intended to strengthen the metropolitan cities, then why make the comprehensive plan an instrument which gives the Met Council authority over city planning issues? Mr. Isberg responded that the Met Council is concerned about its systems being impacted and that if their system is not impacted by a particular land use change, then the Met Council is not concerned. He stated that there are several communities in the process of growing and that their growth may impact the Met Council's system. Senator Wiener suggested that maybe language be incorporated into the law that specifically relates to completely developed cities. HEARING: CASE NO. 96-11: UNITED PROPERTIES - 0 Mr. Dale Glowa, of United Properties, was present to discuss a request for a Conditional Use Permit for Planned Unit Development and Subdivision which would allow the construction of an office/warehouse building at the southeast quadrant of Pilot Knob Road and Enterprise Drive. Mr. Glowa explained that in 1985, the eastern two-thirds of the property was approved as a PUD. He stated that United Properties is adding to the previous PUD the northwestern parcel to create a new plan with two phases of development. Glowa explained that due to deteriorating market conditions, only the phase one building of the original PUD, was constructed. He stated that United Properties is asking the City to amend the PUD to accommodate a revised product type and building layout. Glowa explained that the total site is 12.33 acres of land. The Phase I site is 7.72 acres and the Phase 11 site is 4.61 acres, including a retention pond. Glowa stated the proposed Phase I building will be approximately 115,720 square feet. He stated that if constructed, the future Phase 11 building would contain approximately 38.400 square feet. Glowa stated the proposed buildings are office/warehouse, providing 24' clear ceiling height, featuring precast concrete panels and brick materials. Glowa explained that the site lighting will consist of parking lot fixtures consistent with their other developments in the Business Park. He explained that the site will be irrigated and landscaped and that the same standard of signage will be constructed as other developments in the Business Park. Glowa briefly reviewed the 210 acres of Business Park acreage that is owned by United Properties. He explained that approximately 70 acres remain undeveloped. He explained that the proposal is consistent with the master plan of the Business Park. Glowa explained that the building is proposed to be built out of fab -con concrete panels with painted horizontal bands accented by entrances enhanced by jumbo brick and architectural concrete block. He explained that the front of the building has seven individual entrances with windows along the front side. The rear of the building has individual loading docks and service doors. He stated that the design and material selection is 5 typical of other buildings in the industrial park. Glowa stated that he will work with the City's Fire Marshal in installing a sprinkler system. Glowa reviewed traffic circulation. Glowa explained that the first phase building has three entrance points onto Enterprise Drive. Glowa explained the parking and that it was based on 20 percent of the building being office and the rest being warehouse. With respect to Planner Uban's considerations, Mr. Glowa stated the following: 1. The Landscape and Grading Plans should show the proposed berming along Enterprise Drive. Glowa stated that a revised plan has been completed and that it will be submitted to staff for their review. 2. The Grading Plan and Site Plan should clearly show parking at 20 foot setback. Glow stated that the plan has been revised to indicate a 20 foot setback. 3. Revise the plat to accommodate more room for the phase one loading along the south edge. Glowa stated that property line has been angled. 4. Adjust building location for pedestrian connections between phase one and phase two and connecting to the trail on Pilot Knob Road. Glowa stated that he does not agree with Planner Uban's suggestion to provide pedestrian walkways. He stated that the nature of the buildings is not compatible with pedestrian activity. He stated that pedestrians should not be walking around truck docks. Planner Rabuse stated that Planner Uban's suggestion was to provide sidewalks between individual buildings. Glowa responded that he does not see a need for sidewalks since it is not a strolling area. Rabuse stated that sidewalks could be constructed between the front of the building and the parking lot with the intention of serving the individual entrances. Glowa responded that he does not believe this a good idea. Glowa added that if the City insists on a sidewalk he could add one, but that he thinks it would be dangerous. Commissioner Friel pointed out that the City's PUD Ordinance requires that within a campus type development, a pedestrian walkway should be provided. Commissioner Friel referred to Section 22.1 of the PUD Ordinance. Commissioner Duggan stated that the length of the building is 700 feet and that it appears to be a massive structure. Mr. Glowa stated that the color and tenant entries break up the massiveness of the building. He stated that the proposed trees and landscaping will also help break the appearance of such a large structure. Duggan noted his concern for the massiveness of the structure and he inquired further on how to break up the length of the building. Duggan inquired about the number of trees on the berm and suggested that more trees be added to the berm. Mr. Glowa briefly discussed Phase 11 screening. He discussed how landscaped islands are created to help separate vehicle circulation within a parking lot. He stated that this idea will not work in this instance because it will obstruct truck access to the loading docks. He stated that he does not want to create obstacles and that the amount of space proposed is sufficient. Commissioner Tilsen inquired about the driveways and if there will be additional curb cuts provided. Mr. Glowa explained that the proposed driveways were created with the original PUD. He stated that the trucks are not to use these driveways. He explained that there will be signage which will clearly identify truck entrances. He stated that the topography is flat which helps site lines. Glowa stated that the driveways are close together but they do not pose a hazard to traffic. Commissioner Tilsen suggested that the building be shifted south about six feet to accommodate a walkway. He felt that a walkway would help with the aesthetics of the proposed building. Glowa responded that there is no room to move the building further south on the property and that he would like to keep the area in front of the building green. Commissioner Betlej stated that he would like to see the landscaping increased at the rear of the building. Mr. Glowa explained that the proposed building will be constructed so that the loading docks will face the loading docks at the Southridge Business Center. Commissioner Friel inquired if the Commission is being asked to amend the current PUD or approve a new PUD. Planner Rabuse responded that the Commission is being asked to amend the current PUD and approve the new changes under the proposed replat. 7 Commissioner Friel stated that the applicant is not following PUD Ordinance procedure in that a concept plan has not been submitted. Friel stated that concept plan is considered a discussion item at both the Planning Commission and Council levels. Planner Rabuse stated that the applicant has included the elements of the concept plan within their application process. Mr. Glowa stated that he has met with Planner Uban and City staff and that he was given directions which resulted in the submittal of an extensive submission packet. Mr. Glowa stated that United Properties has a good track record in Mendota Heights. Commissioner Koll stated that she agrees with Commissioner Tilsen in that sidewalks would be aesthetically pleasing. She stated that more evergreens and berming would help soften the massiveness of the building. She stated that the proposed multi colored building does not fit within the park. Mr. Glowa responded that the colors are similar to the BDS building and that the colors offer a complimentary color pallet. He reminded the Commission that the proposed building is a warehouse/office building. In response to a question from Commissioner Duggan, Mr. Glowa stated that the proposed signage will be like the standard signage in the business park. He stated that signage for the tenants will comply with the PUD ordinance. He further stated that the landscaping will be similar to that of PrimeNet where Planner Uban suggested placement of trees. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Tilsen moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1, FRIEL A discussion ensued regarding the PUD ordinance and how the applicant is to proceed. A question was raised on whether the proposed building will infringe on the existing PUD approval. Chair Dwyer inquired if the first PUD can survive if a part of the land from the original PUD is added to the new PUD. Commissioner Duggan inquired about the legal notice and whether the legal description includes land from the existing PUD. It was confirmed that the legal description was taken from the Certificate of Abstract. E-11 Commissioner Betlej stated that the applicant had taken advice from the Planner and City staff on how to proceed with the application. He stated that it appears the Commission is running applicants through the "hoops" when they seem to be following advice from staff. Commissioner Lorberbaum inquired about the original PUD and asked that staff submit information on the original PUD. Chair Dwyer called a recess at 9:45 p.m. Chair Dwyer reconvened the meeting at 9:52 p.m. Public Works Director Danielson submitted Resolution No. 85-32 - A Resolution Approving the PUD for the Southridge Business Center and a Planner's Report for Case No. 85-07. The Commission reviewed this information. Commissioner Friel inquired if a Developer's Agreement had been created for the Southridge development. Public Works Director responded no. A discussion ensued regarding building coverage and impervious surface calculations. The Commission reviewed how to proceed with the application. The Commission discussed if the first PUD is being impacted with the current PUD amendment request. Commissioner Duggan noted his concern for future impacts on the PUD process. Commissioner Betlej moved to recommend that the City Council approve the Conditional Use Permit for Planned Unit Development, Subdivision Approval and a 20 foot monument sign setback variance subject to the review by City staff to confirm that the request is in compliance with the previous PUD conditioned upon the applicant following Planner Uban's considerations: 1. The Landscape Plan and Grading Plans should show the proposed berming along Enterprise Drive. 2. The Grading Plan and Site Plans should clearly show parking at the 20 foot setback. 3. Revise the plat to accommodate more room for the phase one loading along the south edge. Commissioner Lorberbaum offered a friendly amendment requiring the applicant to come before the Planning Commission if current request to amend the PUD is in conflict with the original PUD approval. Commissioner Lorberbaum seconded the motion. AYES: 5 NAYS: 2, FRIEL, TILSEN HEARING: CASE NO. 96-12: JAYMES • REPRESENTING US WEST • GROUP, INC. Mr. Jaymes Littlejohn, representing US West NewVector Group, Inc., was present to discuss a request for a Conditional Use Permit which would allow the placement of cellular antennas and equipment building on the roof of Henry Sibley Senior High School, 1897 Delaware Avenue. Due to a professional affiliation with US West NewVector, Commissioner Friel excused himself from the discussion. Mr. Littlejohn explained that no pole will be required since the proposed cellular antennas will be mounted on the rooftop and attached to the penthouse of the existing building. He stated there will be three clusters of four antennas and that the antennas will be eight feet tall and seventy five feet above ground level. Mr. Littlejohn submitted pictures of the proposed location of the antennas. He stated that the antennas will be painted to match the City's water tower and that the penthouse will be painted to match the pattern and color of the brick fascia of that penthouse. Littlejohn explained that the equipment penthouse will house radio, computer and climate control equipment for this cell site within a 12 foot by 24 foot building which will be constructed on the lower portion of the penthouse roof of the existing school building. Chair Dwyer stated that the City Council had made a finding that cellular towers are not an essential service. Mr. Littlejohn responded that the City's Zoning Ordinance includes communication services as an essential service, and that he interpreted the Council's previous Resolution of Denial for a tower at Mendota Plaza to mean that the tower was not an essential service, but that the antennae were an essential service.. A discussion ensued regarding the City's Zoning Ordinance and essential service definition. Commissioner Duggan pointed out that a building is not im considered an essential service. Duggan referred to Section 3.2(40) of the City's Zoning Ordinance. Littlejohn responded that the building is a part of the cellular antennas and that the building does not change the characteristic of the school. The Commission discussed creating an ordinance specifically regulating cellular tower. The Commission felt that there needs to be a limit on the amount of cellular towers placed within the City. Commissioner Lorberbaum informed the Commission that she had spoken with an individual from the School District and that she had been informed that the School District has not made a final decision on allowing the antenna sites on the roof of Henry Sibley High School. She stated that the School District representative informed her that several details, such as access to the school building, need to be discussed. She stated that the School Board will be meeting to discuss this issue on May 13. Commissioner Lorberbaum suggested that the Commission's recommendation should be contingent upon School District approval. The Commission discussed brick color and how the brick weathers over time. Commissioner Lorberbaum inquired if the equipment could be stored within Sibley. Mr. Littlejohn responded yes, but that there is no room within Sibley. Commissioner Duggan inquired about stability of the antenna. Mr. Littlejohn responded that sites have been designed to withstand most elements better than other amenities. Chair Dwyer opened the meeting to the public. Mr. Littlejohn informed the Commission that there were residents present for this discussion prior to the recess who spoke with him about their concerns. Littlejohn stated that the residents were concerned that a tower was going to be installed. Littlejohn informed the Commission that he explained the proposal and the residents were satisfied that an antenna was not going to be installed so they left the building. He informed the Commission that interference with television and radio frequencies was also a concern of some of the residents, but that this concern was already addressed by state and federal regulations. Commissioner Duggan moved to close the public hearing. Commissioner Betlej seconded the motion. is] AYES: 6 NAYS: 0 Commissioner Duggan moved to recommend that the City Council deny the requested Conditional Use Permit based on improper procedure of the application. The motion failed due to lack of second motion. Chair Dwyer moved to recommend that the City Council approve the Conditional Use Permit subject to the following conditions: 1. Council determination that cellular antennae are an essential service. 2. Independent School District 197 Authorization. 3. Proper maintenance procedures be maintained. AYES: 4 NAYS: 2, DUGGAN, TILSEN There being no further business, the Planning Commission moved to adjourn its meeting at 10:51 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary 12