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1998-05-26 Planning Comm Minutescorrected and approved by planning commission on June 23, 1998 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MAY 26, 1998 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 26, 1998, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following members were present: Dwyer, Koll, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Duggan moved approval of the April 28, 1998 minutes with corrections. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 98-14: BEST WESTERN HOTEL - CUP AND WETLANDS PERMIT Mr. Henry Votel and Mr. Jon Faraci, of Sampson Properties, were present to discuss their request for a Conditional Use Permit, Wetlands Permit, vacation of a drainage easement and Tax Increment Financing for a new three story, 78 room hotel in the Centre Pointe area, south of Highway 110, between Highway 55 and Lexington Avenue. Mr. Votel explained that he is a.licensed real estate broker and developer. His brokerage is Motels by Gudim. He explained that Mr. Jon Faraci is a civil engineer and owns Development Engineering of St. Paul. Mr. Votel explained that they have solicited and have been approved to become a member of the Best Western chain. He explained that obtaining a Best Western membership was difficult because Best Western has high concerns about any possible impact a new property might have on existing PLANNING COMMISSION MINUTES - MAY 26, 1998 1 Best Western properties. He stated that Best Western is one of the top three hotel franchises in the country. Votel stated that Best Western has very high standards and any new properties must be run by qualified operators. Votel stated that this proposal is a part of the Centre Pointe development and that it is an appropriate use within the B-1 Zoning District as a Conditional Use because, as per Section 14.2(13) of the Zoning Ordinance, the proposed hotel site is contiguous to a federal or state highway. Mr. Votel explained that in addition to the information originally submitted to staff, an addendum to the application was prepared and submitted for review which includes information about drainage calculations, additional lighting and traffic count information from MnDOT. Votel explained that the proposed hotel will front on the south side of Highway 110 with the Centre Pointe One development to the east and Resurrection Cemetery to the south and west. He noted that there is large pile of dirt on the site which was improperly placed when the Centre Pointe One site was developed. He stated that a small part of the dirt will be used for the parking lot but the majority will be removed. He noted that the dirt has been analyzed. Votel stated that a tree inventory has been conducted and that the existing large trees located on the west property line will be mostly retained or substituted as required by City ordinances. Votel explained that the proposed hotel will be a 78 unit limited service hotel. He stated that there will be adequate parking with 78 spots available (as required by the City's Zoning. Ordinance). He stated there will be no restaurant/bar (a liquor license will not be needed). He stated that guests will be provided with a Continental Breakfast each morning. He explained that twelve rooms will qualify as suites which will include additional amenities such as larger rooms, king size beds and whirlpool bathtubs. He noted that all of the rooms will have upscale decorating with queen size beds or king size beds. He stated that this hotel will be similar to Fairfield and Holiday Inn Express hotels. Votel explained that there will be two meeting rooms which will be available to all guests as well as the general public. It will have an indoor pool with a whirlpool as well as a children's pool. The first floor will be handicapped accessible. All entries to the hotel will be via the front door. He explained that all room features will include electronic card keyed doors, telephone messaging services, computer modem accessibility and individually controlled PLANNING COMMISSION MINUTES - MAY 26, 7998 2 heating and air conditioning. In response to a question from the Commission, Mr. Votel stated that they anticipate the majority of the hotel's business to be 30 to 40 percent commercial, 30 percent recreational and the remaining percentage undefined. He stated that there are over 3000 hotel rooms available between the airport and Mendota Heights. He stated that the proposed hotel will be not be large enough or close enough to serve airport customers. He stated that they do not look to the airport to provide the hotel's business. He stated that they believe the market will be generated from the southeast corner of the state, such as Rochester, and that it will also attract Mall of America customers. Chair Dwyer inquired about recreational customers. Mr. Votel defined recreational customers as people visiting the Minnesota Zoo and visiting family members. Mr. Votel stated that they plan to own and operate the hotel for many years to come and that they wish to develop successful relationships with the business and residential community in Mendota Heights. Mr. Votel stated that the site has been reviewed and that grading plans, landscape plans as well as drainage plans have been submitted for review. He stated that their intent is to make sure that their plans meet all City codes. Mr. Votel stated that he has been working with City staff and that the City Council invited him to attend their April 7 Council meeting to discuss the proposal. He explained that the Council had three technical issues to discuss: parking lot variance, intrusion into the wetlands and easement vacation. Vote[ explained that they have eliminated a front lot line parking lot setback variance. Votel explained that the property has a man made outlet controlled storm water retention pond. He explained that the pond was engineered to provide storm water storage from the contributing adjacent properties in this plat. Votel explained that the development will need a Wetlands Permit as the proposed building construction is within the 100 foot demarked area from an existing storm water pond. He stated that modification of the storm water wetland pond needs to be made to allow for the building configuration. He explained that originally they proposed to modify the pond by filling in about 900 to 1,000 square feet and creating an equal amount of new ponding area. Votel stated that they have worked with their engineers and other PLANNING COMMISSION MINUTES - MAY 26, 1998 3 professionals to minimize the pond modification to less than 400 square feet. Votel explained that the lot is encumbered by a platted drainage easement. He stated that if the hotel development is approved, the easement will need modification which would require City Council action to lift the existing easement and record the new easement as proposed. He explained that the remaining easement area on the lot will still be hugely oversized. Votel stated that other concerns raised by the City Council include lighting, 24 hour business operation, the visual impact on persons migrating in and out of the residential area across the frontage road and Highway 110 and the City's vision for the Centre Pointe development. Votel informed the Commission that he has spent time with City staff researching the initial Centre Pointe development planning case file as well as the SuperAmerica and Roseville Properties' files to help him understand what the City is looking for in this area. Votel explained that based on the level of concern expressed by the Council regarding lighting, their consultants thoroughly review lighting standards. He explained that their plan provides moderate night lighting of the building and parking lot area. State of the art lighting units will be used which cast the light from fixtures inward and not out over property boundary lines. He stated that the lighting can be tuned down by automated controls and that the lights would automatically turn off at dawn. He stated that their consultants have assured them that the remaining illumination will still be enough to provide security and proper lighting for use by persons in the parking lot area. He stated that they will use 250 watt lamps. He stated that the minimum lighting standards proposed will still meet the State Lighting Standards as well as fully complying with the City's Lighting standards. Mr. Votel explained that the Best Western signage for the property will remain lit through the night so that the property is easily located by any arriving guests or emergency personnel. The Best Western property sign at the front of the property line is on a sign pier facing East and West with little, if any, light visible from the North. Mr. Votel stated that they believe that the lighting plan should mitigate concerns that were raised about excessive lighting during night hours such would occur at fuel stations, car dealerships and fast food operations in the area. He stated that their lighting plan is no where near the lighting levels used at these type of businesses. PLANNING COMMISSION MINUTES - MAY 26, 7998 4 Regarding the 24 hour operation, Mr. Votel stated that the business is open 24 hours a day because this is a necessity to assure security of the property. Votel stated that guests usually occupy hotel rooms only for the purpose of sleeping. The typical guest checks in or arrives back at their hotel in early evening, goes to their room, closes their window drapes and enjoys their privacy until they go to sleep. He explained that in the morning, most people get up and go to their appointed rounds or check out and go onto their destination. Votel stated that because the hotel is staffed and open 24 hours a day there is no reason to assume that people are coming and going every few minutes. He stated there will be no public food or beverage facilities on the property and that it will not have nearly the traffic that other kinds of operations usually have going in and out. He stated that this kind of traffic is no more in volume than for most other passive commercial developments. The most similar use in trying to comprehend the likely traffic flow would be an office building. He further stated that this site does not lend itself to bus tours. Votel stated that the Council was concerned about the visual impact of the hotel. He informed the Commission that some fill material will be removed which will lessen the visual impact of the hotel. He explained that the hotel will not sit any higher than the existing buildings within the business district. He explained that an appraiser reviewed the area and determined that the hotel will not impact the neighborhoods east of Lexington Avenue and north of Highway 110. Votel stated that they have researched the locations of the existing residential homes in the neighborhood across Highway 110 and found that only one residence has a fixed open view of the proposed hotel development site. He stated that this home's view of the area has already been impacted by the highway and other commercial development in the area. He stated that the rest of the homes on the north side of Highway 110 are within the neighborhood further to the north. Votel stated that in order to mitigate some of the view concerns, they have designed the parking lot area so that in most circumstances lights from vehicles parking in the lot at night that face north across Highway 110 will be behind the boulevard berm area of the lot. He stated that very few, if any, lights from vehicles in the parking lot will ever be visible from across Highway 110. Votel stated that they have designed significant landscaping at the perimeter of the parking lot area boulevard which will further reduce any light from being broadcast across Highway 110 at night. He stated that there will be PLANNING COMMISSION MINUTES - MAY 26, 1998 5 no spill over glare because of the light unit shielding, as required by City ordinances. Vote[ stated that the City Council indicated that their vision for the Centre Pointe development does not include a hotel development. Votel informed the Commission that he has reviewed the original Centre Pointe file as well as speaking with the original principals of the development and determined that the original vision for the Centre Pointe development called for a bank, medical clinic, office, conference center, restaurant and a hotel. Votel stated that the concerns raised at the City Council meeting were all valid concerns and that he is confident that he has addressed these concerns. Regarding the easement vacation request, Mr. Votel stated that the lot is encumbered by a recorded drainage easement established at the time Centre Pointe was platted. He stated that there is no information available as to why the easement was configured the way it was. Votel stated that the easement area on the lot is huge and considerably in excess of any area size requirement for storm water ponding and/or volume. He stated that if the easement area is amended, it will still be larger than necessary and not totally required for ponding capacity. Chair Dwyer inquired if there has been any comments from the surrounding neighborhoods. Mr. Votel stated that he has been in contact with area business owners south of Highway 110, Resurrection Cemetery representatives as well as with Centre Pointe tenants. He stated that Resurrection Cemetery representatives and the Corp of Engineers (Centre Pointe tenants) have no major concerns. He stated that John Seidel, Dakota Bank has no concerns. Votel stated that representatives from Auxiliary Inc. (a software company in Centre Pointe) is looking forward to the hotel's arrival. Mr. and Mrs. Curley, of Curley Furniture, indicated that the proposal is nice and have no concerns. Vote[ stated that a representative from Sims Fillmore supports the concept and that they would like to see the building exterior match the existing development's brick exterior. They further indicated that they do not want to see the wetlands adversely impacted. Votel stated that the Bloomington Medical Clinic supports the concept and that Mr. Sam VanTassel, of SuperAmerica, has no concerns. Mr. Hugh Cullen, Roseville Properties, has indicated that their development has been very busy and that they hope that the hotel will attract even more business to their development. PLANNING COMMISSION MINUTES - MAY 26, 7998 6 Mr. Vote[ stated that he has received no negative comments. Votel submitted a copy of the comments to Chair Dwyer. It was noted that Mr. Votel did not speak with residential neighborhoods. Chair Dwyer inquired about the per room rates. Votel stated that the rates vary based on the time of the year. He explained that a two person/one bed room between the months of May to October could range between $55 and $65. During off season months, October to May, the range could be between $39 to $49. He stated that these rates could be affected by special events as well as holiday dates. Chair Dwyer inquired about the number of employees. Vote[ responded that the employees will include Administrative personnel as well as front desk people. He stated that there will be a property manager with 7 to 8 people who will be part time. Housekeeping employees will consist of 6 to 15 people depending upon the time of the year. He stated that these people could work approximately 35 hours a week. Votel stated that these positions usually employ students. Dwyer inquired about shuttle buses. Votel stated that this service will be provided and that it will most likely be a contracted service. In response to a question from Chair Dwyer, Mr. Votel stated that they will hire an accredited hotel administrator to run the daily hotel operations. Chair Dwyer inquired if Mr. Votel owns/operates other. Best Western hotels. Mr. Votel responded no. Regarding Tax Increment Financing, Mr. Votel stated that the Centre Pointe development is located with the City's Tax Increment District. He stated that this District was established thirteen years ago. Votel stated that he is requesting tax increment assistance to help mitigate extraordinary costs related to the proposal. The costs categories include soil correction, grading, site lighting, sound attenuation and landscaping. Chair Dwyer inquired about construction costs. Mr. Votel responded between $3.3 and $3.4 million. Commissioner Tilsen inquired if Mr. Votel had considered two entrances into the development. Tilsen stated that he is concerned there is not enough entry access for emergency vehicles. He inquired if the Fire Chief and Fire Marshal have reviewed the proposal. Mr. Votel responded that the City requires one driveway with a required width of twenty feet. He stated that PLANNING COMMISSION MINUTES - MAY 26, 1998 7 heavy traffic is not anticipated. Votel stated that the building will have an internal fire suppression system which will include smoke detectors, sprinklers and emergency lighting. Public Works Director Danielson stated that the Fire Chief has not yet reviewed the proposal. Commissioner Tilsen stated that he is concerned that there is not enough entry access, especially for emergency vehicles. He noted his concern with access to the back of the building as well. Tilsen inquired about the impact to the wetlands. Votel stated that there will be minimal impact particularly after the area is filled and a new water storage area will be created. In response to a question from Commissioner Tilsen, Public Works Director Danielson explained that the ponding area is a man made ponding area which was created during the course of development. He stated that this area is not a part of the wetlands system. Mr. Vote[ stated that they intend to maintain the ponding area and that they plan to introduce vegetation as well as aerate the. pond. He stated that this will be a nice amenity to the development. Public Works Director Danielson confirmed that the City allows aeration of ponds. In response to a question regarding screening of rooftop equipment, Mr. Votel stated that each room has its own heating/air conditioning unit. Commissioner Duggan stated that 78 parking spaces will be designated for hotel customers. He inquired where the hotel staff will park. Mr. Votel responded that it depends upon the time of the day. Votel stated that customers are typically shuttled in the mid evening through early morning hours. He stated that staff operations, such as housekeeping, are usually present during 8:30 a.m. to 1:30 p.m. He stated that there is rarely conflict between customers and staff parking. He stated that during the evening hours, one or two employees will be on staff. He stated that there will be plenty of parking available. He noted that the pool will likely close at 11:00 p.m. Commissioner Duggan inquired if the pool will entice young people from neighboring areas to use it. Mr. Votel stated that this will not be a problem because electronic keys are needed to access the pool area. Duggan inquired about the continental breakfast area and whether it is required to meet State Health standards. Mr. Votel stated that this area will consist of a microwave and vending machines. He stated that the food prepared will be packaged food such as rolls, yogurt and coffee. PLANNING COMMISSION MINUTES - MAY 26, 1998 8 Commissioner Duggan inquired if the meeting rooms can be used by the general public, at no charge, since the developers are asking for tax increment financing. Mr. Votel stated that this is a good suggestion since the meeting rooms are never income producing. He stated that they would like to encourage public activities and that it is in their best interest to be a part of the community. Duggan stated that he would like to see additional silt fencing to help protect the wetlands. Duggan inquired about signage. Mr. Votel responded that they hope to construct a free standing pylon sign on the northeast corner of the property. He stated that they have not yet pursued the specifications. He stated that this will be under separate application. He stated that they hope to have some visibility off of Highway 110. He stated that there will be permanent signage on the front of the hotel, above the entryway. He stated that the colors will be royal blue with some and yellow and white. He stated that they are aware of the square footage requirements and that they intend to be in compliance with City ordinance. Duggan noted his concern for visual impact to area neighborhoods. He stated that he would like to see additional landscaping to help break the massiveness of the building. Mr. Votel stated that the hotel will be the same height as the existing Centre Pointe building. Commissioner Lorberbaum inquired about the exterior building materials. Mr. Votel stated that the materials will consist of queen size brick, reddish/brown in color. He stated that the exterior materials will be similar to that of Roseville Properties and SuperAmerica. He stated that they are trying to blend in with existing buildings in the area. In response to a question from Commissioner Lorberbaum regarding 30 to 40 percent commercial usage, Mr. Votel stated that they plan to attract people in the area for business. Lorberbaum noted her concern for semi truck traffic. Votel stated that truck traffic is not a part of their calculations for use because the demand for truck service has diminished. He stated that they have not included trucking parking within the plan. Commissioner Lorberbaum stated that she notices a lot of truck traffic on Highway 13 and that she is concerned that that traffic will be using this hotel. In response to a question from Commissioner Lorberbaum, Public Works Director Danielson explained that the State of Minnesota has a truck licensing bureau located in the GNB building. Commissioner Lorberbaum noted an error on the drawing related to street designation. Lorberbaum stated that she is concerned with early morning PLANNING COMMISSION MINUTES - MAY 26, 1998 9 traffic and whether there will be enough parking available for the traffic. Mr. Votel stated that late morning checkouts occur between 7:30 a.m. and 9:00 a.m. He stated that it is rare that 30 people check out at one time. He stated that they do not expect any problems. Lorberbaum inquired about the size of parking stalls. Mr. Faraci responded 10 feet wide. He also noted additional parking space, if needed, in front of the trash dumpster. Commissioner Lorberbaum inquired about impervious surface calculations. Planner McMonigal stated that the plan does meet the 25 percent requirement. Chair Dwyer inquired about road access. Mr. Votel stated that access is from the frontage road which intersects Highway 13 and Lexington Avenue. Votel noted that MnDOT's traffic report indicates that these connections are adequate. Commissioner Betlej inquired if there will be satellite dishes. Mr. Votel responded yes, and that if required, he will screen the dishes. Betlej inquired about the number of yards of dirt to be removed. Mr. Votel responded over 400 yards. Public Works Director Danielson stated that this process is handled through the building permit process as regulated by the City's Zoning Ordinance. Betlej noted his concerns regarding the steep slope between the proposed building and the wetlands. He stated that he is nervous about impacting the wetlands and that construction crews will be very close to the wetlands area. Mr. Votel stated that silt fencing will be in place and assured Commissioner Betlej that there is plenty of building footing area for the construction crew to do its work. Betlej inquired if Mr. Votel has discussed the proposal with the neighborhood north of Highway 110. Mr. Votel responded no. Commissioner Friel stated that it is a little unusual to not have signage attached to a planning application. Mr. Vote[ responded that they felt it better to determine the signage when the building exterior materials have been refined. He stated that signage is always a concern and that it is a necessary evil for operation. Votel stated that they will be in compliance with the City's Zoning Ordinance and that they will not be asking for additional signage. Commissioner Friel stated that no calculations have been given regarding illumination of lights. Mr. Votel stated that they have hired consultants in this area and that they have determined the lighting to be of minimal impact. He stated that the center island lights will be turned off at night and that this PLANNING COMMISSION MINUTES - MAY 26, 1998 10 will not impact the security of the hotel's customers. He noted that the SuperAmerica building has twice the lighting than what they are proposing. Commissioner Koll complimented Mr. Votel and noted that his application is very detailed. She inquired if a needs assessment had been completed and how this site was determined. Mr. Votel noted that Mendota Heights has had a very controlled hotel development and stated that the Best Western chain looks at the locations of other hotels relative to those in the area. He stated that they determined that the southeast area of the metro area is the best location for their hotel chain to expand. Commissioner Koll inquired about construction financing. Mr. Votel explained that the building process will take about eight to nine months and that a loan will be secured based on projections of revenue generated by the use of the hotel. He stated that provisions are made should there be any unforeseen events such as contractor strikes, etc. He stated that it will take three years for the hotel to mature into its business. He stated that nobody wants a "white elephant" and that they are presuming all goes well. In response to a question from Commissioner Koll, Mr. Votel explained the sound attenuation process. He stated that the building will be concrete and that extra insulation as well as noise attenuation measures will be installed. Chair Dwyer opened the meeting to the public. Mr. Greg Bolin, 1215 Victoria Curve, stated that he is against the construction of the hotel. He stated that the hotel will cause a visual impact and that it will be seen as a four story building, not three, because of the roof. He noted his concern with a 24 hour operation. Planner McMonigal stated that in the B-1 Zoning District, 1, 2, and 3 story buildings are permitted and that this building meets those requirements. Mr. Bolin inquired if the sign will be [it. Mr. Votel responded yes, beginning at dusk. Bolin inquired about the requirement for motels and hotels being contiguous to a federal or state highway. He further inquired about the Commission's discussion regarding a variance. Chair Dwyer informed Mr. Bolin that there are contiguous highways and that the developer is no longer asking for a variance because the parking lot is being setback at 20 feet as opposed to 10 feet. Mr. Bolin inquired if there will be a berm along Highway 110. Mr. Votel responded yes and that there will be two foot high berm and that the parking lot will be recessed below grade. Mr. Bolin stated that the hotel lights may PLANNING COMMISSION MINUTES - MAY 26, 1998 11 affect his neighborhood because they sit higher than the hotel. Mr. Votel stated that it is over 500 feet to the closest home. Mr. Bolin inquired if Mr. Vote[ has completed his own traffic counts. Mr. Votel responded that they went to MnDOT and they have equated their traffic to being like an office building. Mr. Bolin acknowledged that Best Western completed a "demand study", but he inquired if they completed a "supply study". Mr. Votel responded that the Minneapolis/St. Paul area still has the capacity for more hotels. He stated that the City's Zoning Ordinance is very specific as to where hotels can be constructed and that the City only has two hotels, with one of those being a contract hotel. He stated that Best Western did take into account the hotels in Eagan along 494 and Pilot Knob Road. Mr. Bolin inquired about how many hotels Mr. Votel owns. Mr. Vote[ stated that this will be the first hotel he has owned. He stated that he provides consulting services to other hotels in the five state area. In response to a question from Mr. Bolin, Mr. Votel stated that the lenders require up front equity and that they also require additional reserves for possible shortfalls. He stated that they can provide letters of credit. Ms. Lynn Burrow, 1219 Victoria Curve, stated that she is devastated with this request. She stated that she will have to look at this hotel through her picture window. She stated that the trees and vegetation will not be enough to screen the large hotel. She stated that the existing one story buildings do not bother her and that she really feels the hotel will be an eye sore. She noted her concern with the hotel bringing transients into the area. She stated that as a resident, this really frightens her. Chair Dwyer asked for clarification regarding transients. He stated that he is a business traveler and that they should not be regarded as transients. Ms. Burrow responded that as a woman, she is concerned because she uses the walkway and that there will be many people coming and going from the hotel. She stated that she would rather see a hotel constructed on Mendota Heights Road. Commissioner Betlej moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan inquired if Mr. Votel had considered constructing a PLANNING COMMISSION MINUTES - MAY 26, 1998 12 two story hotel as opposed to a three story hotel. Mr. Votel stated that they did not consider this option because the proposed design is related to the current industry standards. Commissioner Tilsen stated that he is concerned with lighting and that he believes that Mr. Votel has researched the lighting options well. He suggested that Mr. Votel consider reviewing the HRA senior citizen home because it is a good example of how the City and the developer worked to achieve a well lit area using a softer light. Mr. Votel stated that he would research the suggestion. Commissioner Duggan moved to recommend that the City Council approve the Conditional Use Permit, the partial easement vacation and the Wetlands Permit for the Best Western at the Centre Pointe on the following conditions: 1. That the wetland in the rear of the property be protected from erosion. 2. That the north of the building be well screened with added landscaping. 3. That additional landscaping be added to the berm area to provide extra screening of the development. 4. That the lighting on the site be reduced and softened. 5. That the applicant add a second access point to the parking lot. 6. That the Fire Marshal review and approve all plans. Commissioner Tilsen seconded the motion. Commissioner Friel stated that he has concerns related to lighting of developments and that he believes the City does not have an adequate ordinance to properly address lighting standards. He stated that the City Council should consider addressing this issue and that they should consider directing the Planning Commission to review an ordinance which standardizes lighting requirements in the City. Commissioner Duggan offered a friendly amendment by stating that the applicant should work with the residential neighborhoods to diminish the impact to the neighborhood regarding lighting and that the applicant consider reviewing the HRA Senior Housing and SuperAmerica lighting plans. Commissioner Tilsen accepted the friendly amendment. AYES: 6 NAYS: 1, BETLEJ PLANNING COMMISSION MINUTES - MAY 26, 1998 13 Chair Dwyer called a recess at 9:35 p.m. Chair Dwyer reconvened the meeting at 9:46 p.m. HEARING: CASE NO. 98-15: CITY OF MENDOTA HEIGHTS - ZONING ORDINANCE AMENDMENT TO LIMIT THE SIZE OF ATTACHED GARAGES IN RESIDENTIAL ZONES Chair Dwyer explained that the City Council is considering amending the Zoning Ordinance to limit the size of attached garages in residential zones within the City. He explained that the Council has ordered the Planning Commission to conduct a public hearing on this matter. Chair Dwyer stated that the Council has offered the following parameters for discussion: 1 A single attached garage shall be permitted between 440 and 1200 square feet in size. 2. A single attached garage shall be a Conditional Use between 1200 and 1500 square feet in size under the following conditions: No more than two garage doors, or three single -wide garage doors shall be permitted. The square footage of the garage shall be no greater than one half of the total above -ground -square footage of the house including the garage. No use of the garage shall be permitted other than private residential use. 3. A single attached garage larger than 1500 square feet would not be permitted. Chair Dwyer noted that there are at least 25 to 30 people present for this hearing. Chair Dwyer opened the meeting to the public. Mr. Richard Rabanus, 25 year resident, was present to discuss the proposed ordinance. Chair Dwyer inquired about the green buttons Mr. Rabanus as well as other audience member are wearing. Mr. Rabanus responded that the buttons state "No Limit '98: Garage Ordinance, Mendota Heights". Mr. Rabanus explained that the buttons indicate their opposition to any limit PLANNING COMMISSION MINUTES - MAY 26, 1998 14 on the size of attached garages. He stated that they want the existing ordinance to remain as is. He stated that the City incorporated in 1956 and that for the last 42 years, there has been no problem with the size of attached garages. He inquired if any one has documented a problem with existing attached garages. He stated that there are roughly 100 attached garages in excess of 1,000 square feet in the City and that these garages have not caused a problem. Mr. Rabanus pointed out that he would rather see large garages than to have a lot of vehicles and other items ("stuff") sitting in the driveway or in a yard covered with a tarp. Rabanus stated that the Council should be taking a role to encourage the residents to have larger garages so that their "stuff" would be stored inside. In response to a question from Commissioner Duggan, Mr. Rabanus stated that some of the homes on the list have double tuckunder garages. Commissioner Tilsen inquired about the status of Mr. Rabanus' building permit application. Mr. Rabanus stated that he can now build his home but that he had to redesign the home four times. He stated that the Council has placed conditions on his building permit. He stated that his garage size has been reduced by about 500 square feet. Mr. Jim Packer, who stated he is a 20 year resident, who lived at 635 Highway 110 for many years and now lives at 1000 Winston Circle, stated that he raised 6 children at the 635 Highway .1 10 address. He stated that they had five to six vehicles, many toys, bikes and other "stuff". He stated while he had two garages, some items were still stored outside. He stated that it would be better to have large beautiful garage and to store items inside them. Chair Dwyer inquired about the Council's concerns about large attached garages. Public Works Director Danielson explained that the Council has two primary concerns, one being visual aesthetics and the other being that large garages could easily become convenient places for certain commercial operations that would be adverse to the quality of life in residential neighborhoods. Danielson stated that while Mr. Rabanus has stated that he will be using his garage for the purposes of his hobby, the Council is concerned with a future owner using the garage space inappropriately. Danielson acknowledged that the City already has regulations regarding home occupations, enforcement of these regulations is sometimes difficult and that it may be easier to try to prevent noxious home occupations from the start PLANNING COMMISSION MINUTES - MAY 26, 1998 15 by limiting the garage space in which such an operation may occur. Administrative Assistant Hollister stated that City has received a petition with signatures of 73 residents on it in favor of a limitation. Mr. Scott Van, Hunter Lane, stated that his garage is just under 1,200 square feet. Van felt that the City should not dictate the size of an attached garage and that property owners should be allowed to construct a garage within the already established parameters of the City's Zoning Ordinance. He stated that he would rather see miscellaneous items stored inside a beautifully constructed garage than outside with a tarp. Mr. Jim McShane, who stated he is a 30 year resident, stated that he agrees with Mr. Rabanus. He inquired how the process of adopting an ordinance works. He inquired if the Mayor tells the Planning Commission what to do. Chair Dwyer stated that the Planning Commission is an advisory board to the Council. He informed Mr. McShane that the Council is concerned about this issue and that is why they have asked the Commission to conduct a public hearing. Mr. Mike Povolny, Lexington Avenue, stated that he has well over 1,000 square feet of garage space. He stated that there is never anything stored outside of his garage because he has adequate garage space. He stated that he does not run a business out of his garage and that people with large garages aren't necessarily running businesses. Chair Dwyer inquired with the audience if the City should be concerned with the size of a garage as it relates to the size of the house. Mr. Russ Wahl, Callahan Place, stated that he has a three car garage and that he raised five daughters in this home. He stated that the Uniform Building Code allows up to 3,000 square feet of garage space. He stated that he does not want to look at outside storage and that he is willing to support the construction of larger garages. He further stated that these days, garage doors are pleasant to look at. Mr. William Hohenstein, life long resident, stated that he supports Mr. Rabanus and that he does not believe that Mr. Rabanus' proposed garage is too large. He stated that he believes that allowing people to build larger garages helps eliminate the need for outside storage with tarps hanging over it. Mr. Bob McCloskey, who stated he is a 10 year resident, stated that storing PLANNING COMMISSION MINUTES - MAY 26, 1998 16 outside "stuff" invites burglars to a home. He stated that City can generate more taxes by allowing larger garages. He stated that the City should just leave well enough alone. Commissioner Friel stated that currently there is a limit on accessory structures as they relate to size of the lot and setback requirements within the zoning district. Friel stated that there needs to be a limit to garage size. He stated that he does not believe that his neighbors would want him to fill his premises with a number of buildings, or for that matter, a long row of buildings. Mr. Van stated that over the last fifty years, the City has not experienced a problem and why should the Council consider changing a good thing. Mr. John Mathisrud, Hunter Lane, stated that over 85 percent of the City is developed and that it is rather odd that the City is now considering limiting the size of an attached garage. Commissioner Duggan stated that he feels the City should approach each situation individually and that the existing ordinances seem to regulate these requirements just fine. He stated that these requests can be approached through a variance situation as it may relate to setback requirements. Commissioner Lorberbaurn moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan moved to recommend that the Council not adopt a restriction on the size of attached garages. Commissioner Tilsen seconded the motion. Commissioner Koll stated that there is no reason to vote on an ordinance change without hearing the other side of the story. Commissioner Friel pointed out that if the proposed ordinance were adopted, it would impose a different size limitation for attached garages than for detached garages. He stated that this disparity is inappropriate and that the Council should reflect further on this potential disparity. Commissioner Duggan stated that over his tenure as a planning commissioner, three applications have been denied. He stated that the City has larger homes which appear to have larger garages. He stated that he PLANNING COMMISSION MINUTES - MAY 26, 7998 17 does not know if larger garages are as obtrusive as one may think. He further inquired how one defines a business over a hobby. He stated that he believes the planning commission should be allowed to determine individual requests at its discretion. Commissioner Friel stated that the planning commission should be more innovative than the City Council in that there is a need for larger size garages and that the limitations should be imposed based on size of individual properties. A resident spoke out informing the Commission that homeowners need a place for their hobbies and that a homeowner should have their own right to do what he/she wants with their own property. Commissioner Duggan stated that the City Council has given the Commission some ideas on what to work on but that the Commission needs more specific direction. He stated that more reasoning is needed. He stated that the Commission hears the message that the residents are not happy with what the City would like to impose. After a brief discussion, Commissioners Duggan and Tilsen withdrew their motion. AYES: 7 NAYS: 0 Chair Dwyer moved to reopen the public hearing and to continue the hearing to June 23, 1998 in order to provide time for Council to give further direction to the Planning Commission about the purpose of an ordinance to limit attached garage sizes. Commissioner Tilsen seconded the motion. Commissioner Duggan suggested that it may be worthwhile for the City to form a task force consisting of members of the City Council, members of the Planning Commission, residents in favor of the limitation and residents opposed to the limitation to hold a workshop on the subject before the public hearing resumes at the June 23 Planning Commission meeting. VOTE ON THE MOTION: AYES: 7 NAYS: 0 PLANNING COMMISSION MINUTES - MAY 26, 1998 18 The Commission directed staff to send notice of the continued public hearing to residents present at tonight's meeting as well as to residents who are in favor of imposing an attached garage size limitation. NA--.T--T-,V4F!TAVF:M Public Works Director Danielson gave a brief review of Council action regarding previous planning applications. There being no further business, the Planning Commission moved to adjourn its meeting at 10:50 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary PLANNING COMMISSION MINUTES - MAY 26, 1998 19