Loading...
1997-09-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION SEPTEMBER 23, 1997 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 23, 1997, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. Th.e following Commission members were present: Dwyer, Koll, Betlej and Tilsen. Commissioners Friel, Lorberbaum and Duggan were excused. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Tilsen moved approval of the August 26, 1997 minutes with corrections. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 HEARING: CASE NO. 97-33: RYAN COMPANIES (LLOYD'S BBQ) VARIANCE Mr. Todd Schell, of Ryan Companies, was present to discuss their request for a front yard setback variance which would allow a 40' by 82' expansion of Lloyd's BBQ Company located at 1455 Mendota Heights Road. Chair Dwyer stated that the applicant is proposing to build two additions on the west side of the building adjacent to State Highway #13, with one of the additions being 40' by 82'. Dwyer stated that the applicant has demonstrated a hardship in that highway right-of-way is irregular and angled in front of the building. He explained that the expansion will encroach into the 40 foot right-of-way by 2.72 feet. He further stated that this expansion does not impact adjacent property or traffic. Commissioner Tilsen inquired about the existing parking lot and turnaround PLANNING COMMISSION - SEPTEMBER 23, 9997 - MINUTES 1 area. He stated that these appear to encroach the Highway 13 right-of-way. Mr. Schell concurred and explained that this happened when MnDOT took 80 feet of Lloyd's property. Tilsen inquired if an easement had been documented. Mr. Schell responded not that he is aware of. Chair Dwyer opened the hearing to the audience. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Koll moved to recommend that the City Council grant a 2.72 front yard setback variance. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 HEARING: CASE NO. 97-34: ETTINGER - CONDITIONAL USE PERMIT Mr. and Mrs. Ronald Ettinger, of Children's Country Day School, located at 1588 South Victoria Road, were present to discuss their request for a Conditional Use Permit which would allow a 40' by 26' addition to an existing storage building and to replace the existing chicken coop. Chair Dwyer stated that the new addition will help create additional storage on the property. Mr. Ettinger concurred and stated that the existing buildings pre -date their ownership of the property which began in 1971. Commissioner Koll asked for square footage clarification. Mr. Ettinger informed the Commission that his letter of intent incorrectly stated the total square footage. He explained that the size of the new addition will be 26' by 40' and that it will be added to an existing 22' by 24' building. Total square feet will be 1,568. Commissioner Koll inquired if the Ettinger's intend to place all of their equipment into this building. Mr. Ettinger stated that they intend to ( "I PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 2 consolidate their equipment from their St. Paul site as well as their Mendota Heights site. He further explained that the easterly 15 feet of the building will be used to house animals such as donkeys and llamas. The Commission inquired if this was an allowable use. Planner McMongial responded that the Zoning Ordinance allows this use because the property is over 4 acres in size. Mr. Ettinger stated that the new addition will give the property an architectural enhancement and create 'a more "homey" atmosphere. He stated that building will be used to obscure equipment stored to the north on the property. Commissioner Tilsen stated that he lives nearby the school and that he believes the school is a real benefit to the community. He stated that the Ettinger's have been very responsive to the neighborhood's concerns. Tilsen stated that he is concerned with future changes of ownership. He stated that he does not want to see these buildings used for something other than what they were originally intended for. Chair Dwyer reminded the Commission that the City's Zoning Ordinance dictates the use of a property. He stated that if the future use is consistent with the City's Zoning Ordinance, then there is no problem. But if the use is not consistent, the City should be able to enforce its Zoning regulations. Dwyer stated that he can appreciate Commissioner Tilsen's concern with a business getting larger than what the Zoning Ordinance allows. Mr. Ettinger stated that he does not foresee any changes occurring for at least 15 years. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Betlej moved to recommend that the City Council grant a Conditional Use Permit which would allow the replacement of the chicken coop and build a 26' by 40' addition to the existing storage building according to the drawings and site plan submitted. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 3 HEARING: DRAFT CELLULAR/PCS ORDINANCE Chair Dwyer explained that this public hearing had been scheduled to discuss a Draft Cellular/PCS Ordinance and that this draft Ordinance is the result of several viewings by the Planning Commission and the City Council, including two joint workshops. Administrative Assistant Hollister explained that the current moratorium on placement of Cellular/PCS antennae within the City of Mendota Heights expires on December 3, 1997. He explained that many opportunities have been provided for industry input on the draft ordinance, and several local Cellular/PCS service providers have responded with oral and written comments on the draft ordinance. Hollister explained that where the Commission and City Council have felt that proposed changes by the industry were appropriate have been incorporated into the draft ordinance. Industry Representatives present for the following discussion included Mr. Peter Coyle, representing Aerial Communications; Ms. Julie Townsend, representing US West Communications; and Ms. Marie Grimm, representing AT&T Wireless. Hollister reviewed the most common concerns expressed by the Cellular/PCS industry regarding the draft ordinance and the City's response to those concerns: 1 Height Limitations - The industry felt that the 75 foot height limit originally contained in Section 21.6(4)d was too short. The industry requested that the City raise the height limit to accommodate co - location and reduce the number of towers needed in the City, and that a 25 foot bonus be granted if the pole is designed to accommodate a second user. The current draft includes a 25' "co -location bonus". Mr. Coyle, representing Aerial Communications, stated that the industry views the proposed height limitations as being too restrictive. He stated that the industry would like to see a 75' height minimum as opposed to maximum. He stated that even with the "co -location bonus" the ordinance will be too prohibitive. 2. Setbacks. The industry felt that the requirement that antennas be 25' plus the height of the tower from the nearest lot line originally contained in 21.6(4)d was too strict. The Planning Commission and PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 4 the Council have responded by removing the 25' component and merely requiring the tower to be at least its own height from the nearest setback line. Mr. Coyle stated that the setback should be measured from specific structures on the property and not from the property line. He stated that the City ought to be protecting structures and that the proposed setback will make it harder to sufficiently use the property. Ms. Grimm stated that the stability of the towers have been proven to be safe. 3. Prohibition in Residential Zones. Section 21.6(4)a currently prohibits free-standing antennae and antennae towers within R-1, R-1 A, or R-2 zones. The industry felt that this is too restrictive, particularly in light of how much of the City falls within these zones (roughly 70 percent). Both US West and AT&T Wireless requested that a minimum institutional sites within these zones be granted an exception. After much discussion, the Planning Commission and the Council have opted to leave the prohibition as it is. Commissioner Tilsen commented that this section is not as prohibitive as one might think. He stated that there are provisions to waive these requirements, specifically, within Section 21.6(8)k of the proposed ordinance. Mr. Coyle stated that the current technology allows for significant residential use. He suggested that the City consider "institutional placement". He stated that allowing institutional placement, will give the industry more land to work with. Ms. Grimm stated that there is a cell site located at the Midway Stadium where the St. Paul Saints play baseball. Commissioner Tilsen stated that he believes the City is already allowing the opportunity. He stated that the industry is being required to use its "imagination". Commissioner Betlej stated that this gives plenty of opportunity for the industry to co -locate. 4. Non-interference. Sprint PCS objected to the requirement that the applicant submit a report from a qualified professional engineer guaranteeing non-interference along with a copy of the FCC approval of the antennae in regards to non-interference. The Planning Commission and the Council have again opted to let this requirement stand. PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 5 Mr. Coyle stated that this requirement is an expensive proposition and that the FCC assures non-interference. He stated that this is an extra and expensive step that is already regulated by the FCC. 5. Abandonment Bond. Sprint PCS objected to the requirement for submission of an "Abandonment Bond" to the City equal to 150 percent times the current cost of removal and disposal in Section 21.6(8)g. Sprint PCS claimed that this is a unique burden placed upon antennae, and no other structures. The Planning Commission and the Council have again opted to let this requirement stand. Mr. Coyle stated that they routinely handle these type of circumstances. Ms. Grimm noted Nuisance Legislation in effect which allows the City to assess the property for abandoned antennae removal. She stated that other cities are currently pursuing this type of abandonment clause. 6. Maps. The industry also objected to the requirement to submit maps showing all existing and proposed antennae of both the applicant and competitors within a five mile radius due to the proprietary nature and competitive sensitivity of such information (Section 21.6(8)i). The Planning Commission and the Council have reduced the radius to two miles, and limited the information to merely the applicant's own locations. All industry representatives noted that changes occur rapidly within the industry and that specifically pinpointing a location may change the next day. 7. Requiring a Conditional Use Permit for Building -Mounted Antennae. AT&T Wireless objected to this requirement and said that building - mounted antennae should be permitted use for up to 15' in height. The Planning Commission and the Council have again opted to let this requirement stand. The Commission clarified that a side mounted antennae would be allowed subject to approval of a Conditional Use Permit. Mr. Coyle urged the City to be more flexible. He noted his concern with variables the industry is unable to control such as landlords. Administrative Assistant Hollister clarified Council discussion of the draft ordinance on August 19, 1997. He noted that the Council is of the opinion that it has been the intent of all involved thus far that the calculation of the height of free-standing antennae towers for height limitation purposes include PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 6 the antennae itself. In other words, if the height limit is 75', this means that the distance from the ground to the highest portion of the tower, antennae, or any other attachment thereto be no more than 75. Hollister stated that staff has revised the draft ordinance with more explicit language to avoid any potential loopholes. Hollister discussed Council's concern with tightening the height restrictions. Hollister stated that the Mayor feels that the maximum height of any tower should be 75', regardless of co -location. He stated that the Mayor feels that reducing the height of towers is more important than reducing the number of towers, especially since Mendota Heights is a small City and the Mayor does not anticipate many towers in any event. Commissioner Betlej stated that with the nature of our City (highways bisecting the City) there will be more demand for cell towers. He stated that he does not agree that shorter towers are more important than fewer towers. The Commission acknowledged receipt of a letter submitted by Ms. Marie Grimm, of AT&T Wireless Services. Regarding Section 21.6(8)g. Abandonment Bond, Ms. Grimm reminded the Commission of the nuisance legislation at the statewide level (Minnesota Statutes Chapter 429) which has given additional strength for the cities and allows for special assessment in these cases. Ms. Grimm also noted AT&T's concerns for not allowing the use of mobile Cell/OCS sites or COWs (Cell Sites on Wheels). She noted that they would like to see the proposed ordinance allow for the "temporary" use of COWs. She stated that this was discussed at the July 22, 1997 workshop. She stated that AT&T's system must be operational to serve public safety needs for police and fire. She stated that they need the ability to obtain City approval for use of a COW, for a limited period of time and according to conditions. She informed the Commission that she has provided them with a draft ordinance from the City of Lino Lakes, which states terms and conditions for the use of Temporary Mobile Towers. Chair Dwyer opened the meeting to the public. There was no one present to discuss this case. PLANNING COMM/SS/ON - SEPTEMBER 23, 1997 - MINUTES 7 Chair Dwyer moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Betlej moved to recommend that the City Council amend the City's Zoning Ordinance by adding the Wireless Telecommunications Antennae, Free -Standing Antennae Towers and Accessory Structures Ordinance. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 HEARING: CASE NO. 97-35: JOHNSON - VARIANCE Mr. Thomas Johnson, of 739 Pontiac Place, was present to discuss his request for a variance which would allow the construction of a three season porch. Chair Dwyer briefly reviewed Mr. Johnson's request and noted that Mr. Johnson has demonstrated a hardship due to the unusual lot configuration. He stated that the neighbors concur with the proposal. Dwyer inquired about Mr. Johnson's westerly neighbors. Mr. Johnson stated that they were concerned if the new addition would restrict the flow of the wind to their yard. Regarding the exterior materials, Mr. Johnson stated that they intend to re- side the entire home next summer. The Commission discussed how the proposed addition will be an improvement to the property. It was noted how the City has been supportive in allowing residents within this neighborhood to reinvest in their homes. ') PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 8 Commissioner Koll moved to recommend that the City Council grant a 2.5 foot side yard variance which would allow the construction of a three season porch at 739 Pontiac Place conditioned upon the exterior building materials matching by October 7, 1998. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 HEARING: CASE NO. 97-36: BOARMAN KROOS PFISTER VOGEL - (DAKOTA BANK) - VARIANCES Mr. John Seidel, of Dakota Bank and Ms. Leah Kangas and Kim Simpson, Architects representing Boarman Kroos Pfister Vogel, were present to discuss variance requests which would allow the construction of a monument sign, and five directional signs. Mr. Seidel stated that he is a little confused as to why the location of the monument sign is being reviewed by the Commission. He stated that the City Council had approved this sign in February of 1997. Chair Dwyer asked for clarification. Administrative Assistant Hollister explained that Mr. Seidel had represented that the monument sign would conform to all required setbacks, as indicated on the original sign plans. He stated that the confusion focuses on the fact that the retaining walls extend into the setback. Chair Dwyer inquired if the retaining walls include lettering. Ms. Kangas explained that the sign and retaining wall conform with setback requirements but that the two concrete wings extend into the setback. Chair Dwyer stated that the sign is in compliance with City setback requirements and that the two concrete wing structures serve as a supporting structure. Commissioner Tilsen inquired about lighting and the placement of the lettering on the sign. Mr. Seidel responded that they did represent this information to the City Council in February. The Commission discussed the placement of the directional signs. It was noted that if the signs were placed according to the required setback, the results would hinder traffic and create a safety issue. Regarding the realignment of the frontage road and right-of-way ownership, Mr. Seidel stated that it is the intent of Dakota Bank to maintain that property. He stated that the City Council is aware of this issue. PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 9 Commissioner Tilsen noted his concerns for placing a traffic sign on City property that does not conform to MnDOT sign safety standards. Tilsen stated that there may be a higher speed potential in this area and that the City should enforce strict conformance to MnDOT standards. Mr. Seidel stated that this could become a condition should the City turnover right-of- way ownership to Dakota Bank. The applicants discussed the necessity of having a large ATM lobby/drive through sign. It was noted that SuperAmerica offers a service similar to the bank's and that it is a competitive force to Dakota Bank's customers. Chair Dwyer stated that if the sign were to be in compliance with the City's ordinance, it would be difficult to read. The Commission inquired about the amount of "allowed" sign square footage. Planner McMonigal explained that the ordinance makes a distinct comparison between signs on buildings and free standings signs. She stated that in this particular zoning district, quite a bit of sign square footage is allowed and that Dakota Bank is in compliance. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 Commissioner Betlej moved to recommend that the City Council approve the following sign variances for Dakota Bank making the directional signs exempt from permits: Sian Ordinance Section Two Stop Signs Section 21.5(a)b ATM Lobby Section 21.5(a)b Variance 2 s.f. size variance 4 s.f. size variance Drive-through Entrance One Way Section 21.5(a)b 0.6 s.f. size variance Chair Dwyer seconded the motion. PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 10 AYES: 4 NAYS: 0 A A 0 . 9 0 • A r.A A The Commission acknowledged receipt of a memo from Administrative Assistant Hollister regarding Council's invitation to the Planning Commission to attend an October 14, 1997 workshop to discuss the Comprehensive Plan revision process. Chair Dwyer informed staff that he would not be able to attend the workshop. • Ill �,k R There being no further business, the Planning Commission moved to adjourn its meeting at 9:26 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 11