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1991-02-26 Planning Comm Minutes1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 26, 1991, in the City Hall Council Chambers, 1101 Victoria Curve. Vice Chairperson Dwyer called the meeting to order at 7:33 o'clock P.M. The following were present: Dwyer, Koll, Friel, Dreelan, Krebsbach, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. INTRODUCTION OF NEW MEMBER Vice Chairperson Dwyer introduced new Planning Commissioner Bernard Friel. Vice Chair Dwyer explained that new Planning Commissioner Friel has filled the vacancy created by former Chairperson Morson who retired from the Planning Commission in January, 1990. ELECTION OF OFFICERS AYES: 7 NAYS: 0 APPROVAL AYES: 6 NAYS: 0 ABSTAIN: Vice Chair Dwyer explained that every February the Commission elects officers for the year and that these offices consist of Chairperson and Vice Chairperson. Commissioner Duggan nominated Mike Dwyer for the position of Chair and Commissioner Sandra Krebsbach for the position of Vice Chair. Commissioner Koll seconded the motion. OF MINUTES CONTINUED CASE NO. 9 STRUB - SUBDIVISION Commissioner Koll moved approval of the January 22, 1991 Minutes with one correction. Commissioner Dreelan seconded the motion. 1, FRIEL HEARING 0-44: Chairperson Dwyer briefly explained that the Commission continued this hearing from the January Planning meeting AYES: 7 NAYS: 0 AYES: 7 NAYS: 0 February 26, 1991 Page 2 on the Strub Subdivision to allow time for a Preliminary Plat to be submitted. Mr. Bill Strub and John Curran were present to discuss a request for a subdivision. Mr. Strub explained that the City Council had approved an Amendment to the CUP for PUD for his Riverwood Place complex to allow CDI to build a Magnetic Resonance Image (MRI) clinic. He explained that that approval was conditioned upon replatting his PUD so that property lines enclose the parking lot and fenced area. In response to a question from Commissioner Tilsen, Planner Malloy stated that original PUD was approved with a shared driveway. He explained that parcels 1 and 2 are not landlocked parcels. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Dreelan moved to close the public hearing. Commissioner Friel seconded the motion. Commissioner Duggan moved to recommend that the City Council approve the Preliminary Plat. Commissioner Dreelan seconded the motion. Mr. John Curran briefly discussed the possibility of installing a sign at the CDI building. He explained that he is looking for the Planning Commissions guidance with respect to the quality and design of the sign before he formally submits a variance request. Mr. Curran stated that the sign would be lit using flood lights which are not allowed by the Zoning Ordinance. He explained that this facility is open 24 hours and the need for a well lit sign is critical. The Commission briefly discussed the flood lights relating to possible traffic impairment and the design of the sign. CONTINUED HEARING CASE NO. 91-01: ST. PAUL TURNER'S GYMNASTIC SOCIETY - REZONING Mr. Larry Page, Sirny Architects, was present to discuss AYES: 7 NAYS: 0 February 26, 1991 Page 3 St. Paul Turner's Gymnastic Society's request for rezoning and preliminary plat. He briefly explained that the existing parcel is zoned B-1A and that they are requesting that the parcel be rezoned to B-1 as the parcel is currently non-conforming due to the lack of 5 acres parcel minimum. He stated that Turner's is requesting a CUP for a private athletic facility in a B-1 zone. He explained that the preliminary plat has been completed and that Dakota County will be reviewing the plat on Monday. Mr. Page stated that they are also requesting a twenty foot (20') side yard variance to parking lot setback to allow for a shared driveway. Mr. Page explained that the exterior material is proposed to be of a panel texture and that they are trying to get away from the pretextured industrial panel while at the same time trying to incorporate a gymnastics theme. He stated that they are proposing to incorporate Turner's main color scheme of red. Mr. Page explained that the signage will be located on the east side of the building with the possibility of installing a sign at the west side of the building. He stated that there will be a five foot (5') in diameter sign using Turner's logo located at the front of the building. Chair Dwyer pointed out that the east side of the building faces the highway. Mr. Page explained that the back of the building will be screened using Ivy plant material. He stated that by using the Ivy it will add texture and also dress up the back side of the building. Chair Dwyer then opened the meeting to the public. There was no one present to discuss this request. Commissioner Friel moved to close the public hearing. Commissioner Duggan seconded the motion. In response to a question from Commissioner Friel, Mr. Page explained that Turner's is purchasing the land from Associated General Contractors (AGC) and that AGC will continue to own the land to the south. Mr. Russell Ditman, President of Turner's Gymnastic Society, stated that the hours of operation will be from 9:00 A.M. to 10:00 P.M with mostly children using the facility. Mr. Page stated that there is an open February 26, 1991 Page 4 membership to the club. Mr. Page stated that the signs will be illuminated internally and that the frame of the signs will be plexiglass. Chair Dwyer questioned what the second floor will be used for and inquired if the gymnastics society would lend itself to wedding receptions. Mr. Ditman explained that the 2nd floor is considered the rathskeller. He explained that there may be beer and wine stored in the refrigerator which are brought in by adults. He stated that they have no intention of selling beer or wine and at this time they are not planning to lend the facility to weddings. Commissioner Duggan inquired if the rathskeller is allowed in the City and suggested that the City Council review and discuss the proposed rathskeller shown on the floor plans. Commissioner Tilsen questioned with the access on Lot 2 which is dedicated to the County by previous platting if there should be an easement or dedication on the preliminary plat to the City. Mr. Page explained that the seller of the southern parcel will assure this. Planner Malloy stated that the City should confirm that this is properly done on the plat. Commissioner Tilsen questioned if drainage on Lot 1 would be directed to the highway right-of-way. Public Works Director Danielson explained that they would have to get approval from MnDOT. Commissioner Tilsen stated his concern for Lot 2's drainage. Commissioner Tilsen stated that the water should drain towards the highway as it is presently doing with Lot 1. Commissioner Duggan stated that he would like to see more landscaping in the back of the building. He suggested that Evergreen Trees could be used to help break the view. Mr. Page stated that that is why they have proposed the Ivy plant material and that they will check into the Evergreen Tree suggestion. Commissioner Duggan questioned if there will be exits and security lighting from the lower level to the upper level. He further inquired if there will be a sprinkler system. Mr. Page stated that these are all requirements • of the State Building Code and that they have every intention of complying with that code. AYES: 7 NAYS: 0 February 26, 1991 Page 5 Commissioner Duggan stated that the northeast corner of the building shows an exit and he stated that there seems to be quiet a drop off from the outside of the door down to the ground. Mr. Page stated that they have been in contact with the City's building department and they have changed the exit. Commissioner Duggan questioned if the exit door on the east side of the building would be eliminated by the proposed addition. Mr. Page stated that it would be and that the addition is purely academic at this point. In response to a question from Commissioner Duggan, Mr. Page stated that there are 52 parking stalls proposed and that 50 parking stalls is a requirement. He explained that there is a curved driveway in front of the building. Commissioner Duggan expressed concern relating to the traffic driving against the correct flow of traffic. Mr. Page stated that they cannot guarantee that the traffic will flow properly. Commissioner Duggan questioned if Mr. Page could increase the size of the women's bathroom and locker rooms. Mr. Page stated that they could review the possibility. He pointed out that they are already in excess of the code requirement for size. Commissioner Krebsbach questioned if the building will be air conditioned. Mr. Page stated that it will be. Mr. Ditman stated that the facility will be using state of the art design and material and that it should be the premiere facility in the upper Midwest. In response to a question from Commissioner Krebsbach, Mr. Page stated that the air conditioning will be located on the roof as indicated on the elevation plans. Commissioner Friel questioned if the air conditioning will be a recirculating system. Mr. Page stated that they are in the process of designing the air conditioning system. Mr. Page stated that the refuse would be stored in doors. Commissioner Tilsen moved to recommend that the City Council approving the rezoning of the parcel from B-1A to B-1 zoning. Commissioner Friel seconded the motion. Commissioner Tilsen moved to recommend that the City February 26, 1991 Page 6 Council grant a conditional use permit for a private athletic facility within a B-1 zone with the following conditions: 1. Additional landscaping along the north property line 2. Directional signage be provided for traffic flow within the parking lot. 3. An effort be made to direct as much storm water as possible to flow towards I-35E, in coordination with MnDOT. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council approve the preliminary plat contingent on provision of legal documents assuring a permanent access easement across Lot 1 for Lot 2. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council grant a twenty foot (20') side yard variance to parking lot setback to allow for a shared driveway. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 91-05: LINVILL ZONING ORDINANCE AMENDMENT CUP Mr. Tim Kuntz, representing Ralph Linvill and Associates, Inc., was present to discuss an Amendment to the Zoning Ordinance to allow churches as Conditional Uses in the "I" Industrial Zone. He further explained that the applicant is also requesting a Conditional Use Permit for Faith Church of Glory to be allowed to remain as tenants within the Dakota Business Plaza. Mr. Kuntz stated that this issue has already been through the Planning Commission level and that they had recommended approval. He stated that they are now coming back to better explain their thoughts. He explained that February 26, 1991 Page 7 how these particular uses (churches within an industrial zone) arise are that churches are going through their formative years and during that time, they are trying to gain the resources to one day construct their own facility, therefore they find places where there are large openings to rent to satisfy their needs at that time. He stated that one concern raised at the Council level is that a church with the tax exempt status be non revenue raising in the industrial area because there is no tax benefit/tax base. Mr. Kuntz stated that they did not feel that this point was controversial. He explained that he had talked to City Attorney Tom Hart and discussed this situation. He stated that Attorney Hart is concerned with distinguishing between ownership and tenants may not be within the City's scope of authority. Mr. Kuntz introduced Pastor John Zimmerman and other members of their congregation. Mr. Kuntz stated that Pastor Zimmerman contacted other cities that have churches within their industrial areas and he submitted list to that effect. Mr. Kuntz stated that churches within an industrial area are not there long term. He explained that they do pay taxes within their rent and therefore it does contribute to the tax base. Mr. Kuntz explained that Attorney Hart is not comfortable with the ordinance that his office submitted. He explained that the word "tenants" seems to be a problem. He explained that one way to get around this problem is by setting a limit to the amount of space that a church may use within the building. He stated that by limiting the amount of space, would be eliminating the possibility of the church ever owning the space. Chair Dwyer stated that with the City's objection to churches in the industrial zone as an encroachment or erosion of its tax base, how could the City possibly ever object to a church coming in as an owner when it has a church tenant in the next door warehouse. He stated that once you let in churches as tenants you cannot keep out churches as owners. Commissioner Krebsbach stated that she would be more comfortable with the ordinance if City staff or the City Attorney wrote it or proposed a draft. Planner Malloy stated that he does not feel that this is going to turn into a kind of problem that the City Council may envision. He explained that he has seen this use (churches in the industrial area) elsewhere. He explained that if, for example, that churches do pose a February 26, 1991 Page 8 threat to tax base, it they were to own, only the portion for which the church uses as its own spiritual purposes would be subject or allowed to be tax exempt. He stated that the rest of the property would still fall under tax revenue producing. He stated that by controlling the amount of square feet the church occupies, would dictate the amount of tax revenue the City could lose. Paster Zimmerman stated that why would any church want to purchase a building in an industrial area. He stated that if they could afford that, that they would purchase land and build in a residential area. He explained that they are paying taxes right now. He stated that it is beneficial to the City, for tax purposes, to keep us there. Commissioner Friel stated that the Commission is considering two issues tonight. One is to Amend the Zoning Ordinance and the other is to consider a conditional use permit for the church. He stated that the Commission should analyze whether "churches" should be in an "industrial" district. Commissioner Duggan stated that he does not have a problem within the church being with the industrial district. Commissioner Duggan questioned if within the lease agreement it stipulates that part of the rent goes towards the taxes. Pastor Zimmerman confirmed that within their lease agreement they are paying taxes. Commissioner Friel stated that he has a problem with changing the ordinance because of possible incompatible uses when conditional use permit opens an industrial district to churches. Commissioner Friel further stated that the question of whether or not the Ordinance should be amended to permit churches in an industrial district was presented in the context of a request from a particular church rather than being presented and considered on the broader policy grounds of whether any churches should be permitted in an industrial district. Commissioner Koll stated that she had visited the site and talked to the tenants next door. She stated that they had no complaints. She questioned what the daytime uses would be. Pastor Zimmerman stated that there is presently a women's bible study group and that that has not been a problem. Commissioner Koll stated that she would like to see some restrictions to daytime uses since there is a lack of parking. Pastor Zimmerman stated that he does not have a problem with limiting daytime uses. AYES: 7 NAYS: 0 February Page 9 He explained that he does not foresee using the for a funeral. He stated that the size of the would not be able to seat a large funeral. 26, 1991 facility facility Commissioner Duggan stated that at their November meeting, the emphasis in agreeing was that their understanding that the churches estimated time was 3 years with a maximum of 5 years. Chair Dwyer stated that at the present time, the church is occupying space illegally. Public Works Director Danielson stated that if the ordinance is not modified the church would have to vacate the premise. Pastor Zimmerman stated that they have expended roughly $4,000 in carpet, paint, etc. He stated that their lease expires in September of 1992. Public Works Director Danielson stated that modifications to the building space would be necessary if they are allowed to stay to comply with assembly occupancy codes. Chair Dwyer opened the meeting to the public. no one present to discuss this request. Commissioner Duggan moved to close the public Commissioner Dreelan seconded the motion. There was hearing. Commissioner Duggan moved to recommend that the City staff and City Attorney review this request further and to find alternatives so that the church can have additional time within the building. Commissioner Duggan withdrew his motion. Commissioner Koll moved to recommend that the City Council amend the Zoning Ordinance to allow churches as a Conditional Use in the Industrial Zone. Commissioner Dreelan seconded the motion. Commissioner Duggan offered a friendly amendment submitting amending language to the proposed Ordinance. He added to Section 1 - 16.2(13) that the space be limited to the church tenant to 3,000 square foot maximum. Pastor Zimmerman commented that they are hopeful of growth in their rental space beyond 3,000 square feet before they are able to afford their own church. Vote on Amended Motion. AYES: 7 NAYS: 0 February 26, 1991 Page 10 Commissioner Duggan moved to recommend that the City Council amend the Zoning Ordinance, incorporating the new language as submitted by the Planning Commission, allowing churches, as tenants, in office warehouse buildings in the Industrial Zone. Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 1, FRIEL AYES: NAYS: Commissioner Duggan moved to recommend that the City Council grant the Faith Church of Glory a Conditional Use Permit with the following conditions: a. The church must be compatible with its surrounding uses and not cause problems with respect to parking. b. Church activities will be regulated to prevent parking shortages or the parking of vehicles on lawns, in fire lanes, or other prohibited areas. c. The church may not include any day care or other educational programs for children which will result in there being children on the property during weekday business hours. Commissioner Koll seconded the motion. 6 1, FRIEL CASE NO. KATZ - VARIANCE CRITICAL Commissioner Friel stated that he voted against the request because he is concerned about the potential for incompatible uses neighboring to a church. 91-06: AND AREA MODIFIED SITE REVIEW In response to a letter submitted by Mr. Katz's neighbor, Commissioner Duggan moved to table this request to March 26th so that Mr. Katz's neighbors could have ample time to review his request. Mr. Katz did not have a problem with his request being tabled. February 26, 1991 Page 11 Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. MISCELLANEOUS ADJOURN Commissioner Duggan requested City staff to review the Wetlands Ordinance in conjunction with No Net Loss Legislation. He further stated that he would not be present for the March meeting. Commissioner Krebsbach stated that she too would not be present for the March meeting. There being no further business, the Planning Commission adjourned its meeting at 10:35 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary