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1997-05-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MAY 27, 1997 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 27, 1997, in the City Hall Council Chambers, 1 10 1 Victoria Curve. The meeting was called to order at 7:34 p.m. The following members were present: Dwyer, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Commissioner Koll was excused. Also present were Public Works Director Jim Danielson, Planning Consultant Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. riTIJ J, -10601-111 go -y; KITJ 11 -LTLIU-9 Commissioner Lorberbaum moved approval of the April 29, 1997 Minutes. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 97-11: TURNER'S GYMNASTICS CENTER - VARIANCE Mr. Jim Hammer, President of Turner's Gymnastics Center, was present to discuss a request for a variance from the sign ordinance which would allow a 100 square foot temporary banner. Mr. Hammer explained that Turner's has applied for a variance, similar to this request, in 1993. He explained that the temporary banner will be used for promoting summer and fall class registrations. He stated that they are requesting permission to advertise, using the temporary banner, twice a year. He stated that the banner will be highly visible from 1-35E and that using the banner helps to increase the Center's membership. Chair Dwyer inquired about the amount of time the banner will be in place promoting class registrations. Mr. Hammer responded that it would be twice a year, three weeks at a time, a total of six weeks a year. Dwyer stated that with the variance procedure, an applicant must prove hardship and, in this case, the applicant has not demonstrated a hardship. Mr. Hammer stated PLANNING COMMISSION MINUTES - MAY 29, 1997 that this is the first time he has pursued a variance request. He stated that he was not a part of the 1993 variance request. In response to a question from Commissioner Tilsen, Mr. Hammer stated that they intend to use the banner from 1993. He stated that it is in good condition. Tilsen stated that the applicant has used the sign in the past and that creating a new sign may create a financial hardship to the applicant. Chair Duggan stated that he had voted in favor of the variance request in the past. He stated that he understands the importance of advertising and that maybe the applicant should consider erecting a larger, more permanent sign. He stated that 300 square feet of signage is allowed and that Turner's is currently using a small amount of signage on their building. He suggested that Turner's should also consider advertising their programs at Mendota Plaza. He stated that a hardship has not been demonstrated since a permanent sign could be installed. Mr. Hammer stated that he was not aware that he could install a permanent sign. In response to a question from Commissioner Duggan, Mr. Hammer stated that the Center receives roughly 10 to 15 registrations which may be a result from the temporary banner advertisement. He stated that memberships are drawn particularly from Mendota Heights, Eagan and St. Paul. Commissioner Lorberbaum stated that she was not a part of the 1993 recommendation. She stated that a permanent sign may not be the answer. She stated that referrals are a big part of advertising. She stated that applicant has not demonstrated a hardship. Chair Dwyer stated that he does not want to see a proliferation of signage along the highways in Mendota Heights. He stated that this request is a good one and that a hardship has been proven. He stated that Center is financially strapped and that a temporary sign may benefit the Center more than a permanent sign. Commissioner Betlej stated that while he is sympathetic to the applicant's need for advertising, he is concerned with setting a precedent. He stated that a hardship has not been demonstrated. Commissioner Friel stated that the applicant has not proven hardship. He stated that he is concerned that advertisement signs on highways create a public safety hazard. Chair Dwyer opened the meeting to the public. PLANNING COMMISSION MINUTES - MAY 29, 1997 2 There was no one present to discuss this issue. Commissioner Betlej moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel moved to recommend that the City Council deny the variance request. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 2, DWYER, TILSEN HEARING: CASE NO. 97-12: MORTENSON PROPERTIES, INC. - CONDITIONAL USE PERMIT Mr. Tom Lander, of Mortenson Properties, was present representing a request from Brown Institute for a Conditional Use Permit for Mining which would allow the expansion of a parking lot and site improvements at the former Cray Research building located at 1440 Northland Drive. Mr. Lander explained that Mortenson Properties is currently the landlord at the Brown Institute site in Minneapolis. He stated that Mortenson Properties knows this tenant very well and that Brown will make a good fit into the Cray facility. Mr. Brown presented aerial photographs of the site. Mr. Lander explained that building modifications will be made for the school which will include the reconfiguration of office space to classrooms. Additional exit doors will be added along with signage. Lander explained that two separate parking lots are proposed. He explained that the east lot, with 379 spaces, will be a reconstruction of the existing parking lot, accessed from the eastern side of Northland Drive. Lander explained that the second lot, to be located in the southwestern portion of the site, will accommodate approximately 371 spaces. He explained that construction of this lot will include the relocation of existing power lines and poles. Lander explained that based upon school operation, the school needs 750 PLANNING COMMISSION MINUTES - MAY 29, 1997 3 parking stalls. He explained that at the school's present location, they use stalls of 76" width. He explained that to minimize the paved area, the school intends to use 8' wide parking stalls. He stated that for proof -of - parking, the new parking area will provide 678 - 9' wide parking stalls. The school's intends to use 8' wide stalls for 750 parking stalls. Lander explained that currently the school has 1,400 students and that they anticipate the enrollment to increase to 1,800. He stated that the enrollment will be spread across three sessions of classes: morning, afternoon and evening. He explained how the school arrived at the number of parking stalls necessary to accommodate their students. He explained that they anticipate 500 to 600 students using the building at one time. Lander explained that an error was originally made on the plans which indicated that construction would take place within the fifty -foot scenic easement. He stated that the plans have been revised to indicate that no improvements will be made within the easement. He explained that small trees may be removed from the existing drainage easement. He stated that it is mandatory to remove these trees to handle the drainage. Lander explained that the upper lot has never been striped and that they intend to square off the lot along with striping it to accommodate 8'x20' parking spaces. He stated that there is a row of evergreens that will be relocated and that they intend to plant additional landscape screening in this area. Lander explained that the school has met the green space requirement of 5 percent and that they are at 5.8 percent. He explained that the center parking islands will be planted. Lander explained that there are two existing entrances to the site and that these will remain unchanged. Regarding the access road to the lower level (western) parking area, Mr. Lander stated that the Planner has suggested that the driveway width be 25 feet. He stated that the plan will be changed to accommodate this suggestion. In response to a question from Chair Dwyer regarding mass transit considerations, Mr. Lander stated that only 5 percent to 6 percent of the school's students currently use mass transit. He stated that they are very surprised of these statistics because of the transit opportunities available at their current location. He stated that the school is researching the opportunities available at the new location. PLANNING COMMISSION MINUTES - MAY 29, 1997 4 Commissioner Tilsen stated that it seems reasonable to require that mass transit be made available to the school. He stated that the traffic on the freeway systems is high and that mass transit will help alleviate the problem. He suggested that the school consider providing shuttle service from a major transit hub to help accommodate and alleviate traffic problems. He stated that he wants to see the school responsible for providing alternatives to transportation needs. Commissioner Tilsen inquired about the amount of fill being removed from the site. Mr. Tom Lincoln, of BRW, stated that he is currently working on the calculations of earthwork anticipated to be removed from the site. He stated that there will be over 3,000 cubic yards of dirt exported from the site. He stated that it will be up to Mortenson Properties to find a location to dump the fill. He explained that there will be significant grading of dirt and that they will need to level a very steep berm. In response to a question from Commissioner Tilsen, Mr. Lander stated that Mortenson Properties will act as general contractor and hire subcontractors to work on the site. Tilsen stated that removing over 3,000 yards of fill will be expensive. Mr. Lander stated that they will try to be cost effective and that they are doing their best to utilize the land to the best of their ability. Tilsen noted his concern for the wear and tear of City streets during construction and he suggested that the contractor consider minimizing the number trucks hauling to and from the site. In response to a question from Commissioner Tilsen, Public Works Director Danielson stated that BRW has been working with City staff regarding the proposed ponding and stormwater control. Mr. Lander stated that they intend to meet all staff requirements. Commissioner Tilsen stated that he is in favor of the private sector making responsible decisions and choices. He stated that maybe the school should consider not building additional parking and to provide incentives for its students to use mass transit. Commissioner Duggan stated that a recent newspaper article indicated that Brown anticipates a $30 million economic impact to Mendota Heights. Mr. Ron Anderson, President of Brown Institute, stated that the newspaper quoted him regarding the economic impact. He stated that studies have been conducted on how post secondary schools impact the local community in terms of the amount of money brought into the community by the students attending the school. He stated that the school will also be a tax paying entity. PLANNING COMMISSION MINUTES - MAY 29, 9997 5 Commissioner Duggan inquired about student body projections and how many are anticipated to change their current living arrangements and move closer to Mendota Heights. Mr. Anderson stated that the current student body living within the metro area will most likely stay in their current living arrangements. He stated that it is the out of state and/or international students that will relocate closer to the school. In response to a question from Commission Duggan, Mr. Lander explained that the existing parking stalls at the Hiawatha/Lake Street location are stripped at 7'6" and that they are proposing to stripe the Cray location parking stalls at 8'. He stated that they are trying to compromise and are willing to speak with staff regarding landscape issues. Commissioner Duggan inquired about security. Mr. Anderson stated that they do provide security and he gave a detailed analysis of how Brown Institute currently contracts with a security company. Commissioner Lorberbaum inquired if there is an escort service available for students leaving the building at night time. Mr. Anderson responded yes. In response to a question from Commissioner Duggan regarding the maximum number of students using the facility, Mr. Landers explained that their parking numbers are based on not only national standards but also existing operations at the school. Mr. Landers stated that the school's site search considered mostly the number of parking stalls available. Commissioner Duggan stated that he would like to see the parking stalls reduced from 750 to 500 with 200 stalls as proof -of -parking. Mr. Landers stated that 750 stalls are needed and that if they are required to have only 500 stalls, the school will not close on the property. Commissioner Duggan stated that he would like to see a total of 678 9' stalls. Mr. Landers stated that they have been trying to be responsible in meeting their parking needs along with minimizing the amount of asphalt on the site. He stated that they have been working hard to accomplish their parking needs without disturbing the natural terrain of the site. In response to a question from Commissioner Lorberbaum regarding how classes are offered, Mr. Anderson stated that the school's intent is to offer classes with the ultimate goal of graduation. He stated that out of the current student body, less than one percent take individual classes. He stated that the school offers career -oriented courses which are structured through blocks of time. Commissioner Lorberbaum inquired about the number of students currently enrolled at Brown. Mr. Anderson stated that there are roughly 1,526 with 746 enrolled in the morning; 330 enrolled in the PLANNING COMMISSION MINUTES - MAY 29, 1997 6 afternoon and 460 enrolled in the evening. Lorberbaum stated that she can understand how the school needs to have 750 parking stalls with a morning enrollment consisting of 746 students. Lorberbaum stated that she supports the number of parking stalls and that she also supports increasing the size of each stall. Mr. Anderson stated that he is currently working on providing mass transit options with the possibility of using the Mall of America as a hub along with shuttles from Pilot Knob and Yankee Doodle Road. Commissioner Lorberbaum inquired if 12 handicapped parking spaces is enough. Mr. Landers stated that there are State standards and that there is a total of 16 handicapped parking spaces available - 12 handicapped and 4 vans. Planner McMonigal stated that one handicapped parking stall is required for every 50 parking spaces. Lorberbaum suggested that the school should consider adding more handicapped parking spaces. Commissioner Betlej welcomed the school to Mendota Heights and stated that he is happy to see the Cray building being utilized. He stated that it is an odd building and to use it as a school seems to serve the building well. He stated that the building is showing some wear and tear. Betlej stated that he is surprised that only 5 percent of the school's enrollment uses mass transportation. Mr. Anderson agreed and stated that a lot of the students work full time, especially during the day and that public transportation is not a real option for these students. Betlej stated that the City lacks public transportation. He stated that the system has not been properly designed and that the City needs to look at public transportation facilities within the community. He stated the City continues to construct more and more buildings which require more and more parking. He stated that he is not in favor of widening the parking spaces because this would create less green space. He stated that he does not want to see parking on the industrial streets. Commissioner Betlej inquired about landscaping. Mr. Lander stated that the landscape plan focuses on plantings in and around the parking lot areas and the creation of retaining walls to accommodate the proposed parking needs. He stated there will be 25 overstory trees, 9 spruce, 3 crabs and 65 small evergreens added to the site. He stated that the trees located in the upper parking lot islands will be relocated. He stated that the islands will be irrigated. Commissioner Friel welcomed Mortenson Properties and Brown Institute. He stated that he is ambivalent in compromising the size of the parking stalls and green space. He stated that the City's Ordinance requires 9,x20' stalls and that the applicant is asking for something different. He stated the PLANNING COMMISSION MINUTES - MAY 29, 1997 7 applicant has not asked for a variance. Planner McMonigal explained that the City's Ordinance does not require a parking lot to be stripped. She stated that the applicant has proposed striping the lots to accommodate 8'x20' parking spaces. She stated that the applicant has shown that there is room to meet parking requirements if necessary. Mr. Landers stated that they will stripe the parking spaces if necessary. He stated that they are providing the code required amount of parking and that they are able to meet the requirements through the proof -of -parking requirements. Commissioner Friel felt that the applicant is asking for a variance and that he does not feel the applicant has proven hardship. Chair Dwyer stated that City staff has discussed this issue with the applicant and that the applicant has satisfied the broad requirements for parking. Chair Dwyer opened the meeting to the public. There was no one present to discuss this issue. Commissioner Friel moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Commissioner Duggan inquired about interior remodeling. Mr. Landers stated that the administrative wings will be used for office space and that remodeling will occur to accommodate the classroom facilities. He stated that the building site allows for transition without major modifications. He stated that the building is a fully sprinkled concrete building. He explained that an ADA survey has been completed and that door knobs will be changed to door handles, additional toilets will be added and elevators already exist. Commissioner Tilsen inquired about future occupants and whether the proposed use will accommodate another entity. Commissioner Tilsen stated that the school could grow out of the building. It was noted that Brown Institute intends to lease the building for eleven years. Commissioner Tilsen suggested that the school consider preparing a traffic management plan and that the fire marshal should be given the opportunity to review emergency access to the site. Tilsen suggested that the school consider van pooling and possibility limiting the number of students in each classroom. Mr. Lander explained that the classes are intentionally staggered to help minimize traffic. He stated that they do not anticipate a traffic problem and that they can rely on the existing Hiawatha/Lake Street location PLANNING COMMISSION MINUTES - MAY 29, 1997 8 to prove that there has been no problem with traffic. He stated that it is hard to limit the number of students and that the school needs to have the flexibility to meet class expectation. Commissioner Tilsen noted his concern with possible parking problems when the building is being used at 100 percent capacity. He stated that the school needs to take proactive measures to prevent this problem from happening. Mr. Lander stated that they do not anticipate parking to be a problem and that they will work with staff on this issue. He stated that they intend on functioning as a positive part of the Mendota Heights community. Tilsen noted his concern for street parking. Mr. Lander stated that it has never been their intent to use street parking. Tilsen inquired if parking in the street within the Industrial district is prohibited. Public Works Director Danielson stated that parking is not prohibited and that it has never been a problem in the Industrial District. He further stated that the City has never had to go back and enforce proof -of -parking within the Industrial District. Commissioner Duggan moved to recommend that the City Council approve the Conditional Use Permit for Mining with the following conditions: 1 That the retaining wall be minimized, if possible and that all details be submitted to the City Engineer for approval. 2. That grading and drainage plans be approved by the City Engineer. 3. That a power line and pole relocation plan be submitted to the City Engineer for approval. 4. That the western access drive be reconstructed to a minimum of 25 feet width, with curb and gutter or as approved by the City Engineer. 5. That a lighting plan for entrances, the building and signage be submitted for staff review and approval. 6. That architectural elevations and details illustrating building entrances/exits from the southwestern parking lot be submitted. 7. That all parking stall sizes be 9'x20', as per City Ordinance. 8. That the school provide appropriate security for its students. 9. That the school consider mass transit options, particularly using shuttle buses from transit hubs. Commissioner Friel seconded the motion. Commissioner Betlej expressed his concern with the City requiring the school to provide proper security measurers for it students. He inquired if there could be legal implications. Chair Dwyer stated that the City could not be held liable because it is the landlord's obligation to follow through with the conditions. PLANNING COMMISSION MINUTES - MAY 29, 1997 9 Betlej expressed his concern with requiring the applicant to stripe the parking stalls 9x20' when it will create more blacktop on the site than green space. He stated that the applicant has proven that parking will not be a problem and that he would like to accommodate the applicant's use of the property. Commissioner Friel stated that the Commission cannot not address the issue regarding parking stall size because the applicant has not requested a variance. He stated the Ordinance provides the requirement to create parking stalls 9'x20' and yet the applicant has been told that they can stripe parking stalls 8'x20'. He stated that this is inconsistent with the City's Ordinance requirements. VOTE ON MOTION: AYES: 5 NAYS: 1, BETLEJ Chair Dwyer called a recess at 9:20 p.m. Chair Dwyer reconvened the meeting at 9:26 p.m. Chair Dwyer explained that the City Council and Planning Commission conducted a joint workshop on April 19, 1997 for the purposes of drafting a Cellular/PCS Ordinance. He explained that the Planning Commission has been directed to consider further changes before the informal discussion at the Council meeting on June 3, 1997. He stated that after the June 3 meeting, a public hearing will be conducted at the June 24, 1997 Planning Commission meeting. Commissioner Tilsen stated that there should be more restrictions placed within the Ordinance, in particular, regarding specific changes in technology. He stated that antennas are getting smaller and smaller and for this reason, it may be necessary to have more and more antennas. He suggested that the Ordinance accommodate a "stealth" design - a design that allows the antennae to look like the structure it is placed on. He stated that this should be considered as an exception within the Ordinance and not a specific definition. He suggested that this term be added to Section 21.6(4)a. Commissioner Tilsen suggested that the antennae should match the structure and that an "eggshell" color should not be the designated color. PLANNING COMMISSION MINUTES - MAY 29, 9997 10 Commissioner Duggan stated that the primary purpose of this Ordinance is to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community. Duggan stated that the City should be concerned with changes in technology and that the Ordinance needs to reflect anticipated changes in technology. Commissioner Lorberbaum suggested that the term "Termination of Operation" should be used elsewhere within the Ordinance. Commissioner Betlej suggested that Section 21.6(8)k regarding violations should be changed. He stated that certain violations can be cured in less time and that thirty days is too long. Commissioner Friel suggested changes to the following: Section 21.6(4)e should read as follows: All free-standing towers shall be designed to accommodate co -location by other service provider. Section 21.6(5)b should read as follows: All free-standing antennae towers and all antennas which protrude into the air shall be painted the same color as the structure until the antennae is above the structure which should then be painted eggshell. Section 21.6(8)f should read as follows: In the event that the FCC requires the applicant or other agencies or governing body having jurisdiction to submit an Environmental Impact Statement or similar document, a copy of this document shall be submitted to the City. Section 21,6(8)g should read as follows: A successful applicant shall provide an Abandonment Bond to the City equal to one and a half time the current cost of removal and disposal of all antennae and accompanying apparatus as estimated by the City or representing body ... Section 21.6(8)h should read as follows: Existing non -conforming free- standing antennae towers, antennae, or accessory structures shall be allowed to continue operation unless use of its intended purpose of free- standing antennae towers, antennae, or accessory structure ceases for a continuous period of six months, in which case resumption of use shall require a re-application for a Conditional Use Permit. Regarding Section 21.6(8)i Commissioner Friel suggested that an applicant should be required to provide information regarding antennas of other providers within a five mile radius along with other antennas in other PLANNING COMMISSION MINUTES - MAY 29, 1997 11 municipalities. Friel felt that the City should be made aware of other antennae sites outside of the City of Mendota Heights. Section 21.6(8)j should read as follows: All costs of an application, including but not limited to those incurred by City staff time and resources, engineering studies by consultants .... Chair Dwyer directed staff to forward the Commission's comments to the City Council for their review on June 3. Mr. Peter Beck, attorney representing AT&T, suggested that the City receive comments from the industry regarding the draft ordinance. He stated there are several requirements within the draft ordinance that may not work. Chair Dwyer suggested that Mr. Beck submit written comments to City staff. Mr. Beck stated he would submit written comments and that he welcomes an opportunity to meet with staff to discuss this issue further. Commissioner Friel reminded the Commission that we have received input from industry representatives along with sample ordinances from other municipalities. He stated that written comments will be most beneficial in drafting an appropriate ordinance. MISCELLANEOUS The Commission inquired about pursuing the Tax Increment District discussion tabled from April. Staff informed the Commission that Council has already adopted the change at their May 3 meeting. VERBAL REVIEW Public Works Director Danielson gave a brief review of City Council action on previous planning cases. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 10:12 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary PLANNING COMMISSION MINUTES - MAY 29, 9997 12