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2018-12-20 Planning Comm MinutesDecember 20, 2018 Mendota Heights Planning Commission Meeting Page 1 of 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES December 20, 2018 The regular meeting of the Mendota Heights Planning Commission was held on Thursday, December 20, 2018 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Patrick Corbett, Michael Noonan, Mary Magnuson, Michael Toth, and Brian Petschel. Those absent: John Mazzitello, Michael Toth, and Brian Petschel Approval of Agenda The agenda was approved as submitted. Approval of November 27, 2018 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER CORBETT TO APPROVE THE MINUTES OF NOVEMBER 27, 2018, AS PRESENTED. AYES: 4 NAYS: 0 ABSENT: 3 Hearings A) PLANNING CASE #2018-28 SEVEN SITE SOLUTIONS-APPLICANT / SPEEDWAY-OWNER 1080 HIGHWAY 62 CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR NEW ELECTRONIC DIGITAL LED DISPLAY SIGN FOR GAS PRICES B) PLANNING CASE #2018-29 SEVAN SITE SOLUTIONS-APPLICANT / SPEEDWAY-OWNER 1200 MENDOTA HEIGHTS ROAD CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR NEW ELECTRONIC DIGITAL LED DISPLAY SIGN FOR GAS PRICES Community Development Director Tim Benetti noted that Planning Case 2018-28 and Planning Case 2018-29, being very similar in nature, would be presented together. Working from the staff reports provided to the Commission previously, Mr. Benetti explained Sevan Site Solutions was seeking an amendment to a conditional use permit to provide a new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) gas station December 20, 2018 Mendota Heights Planning Commission Meeting Page 2 of 10 and convenience stores located at 1080 Highway 62 and 1200 Mendota Heights Road. Both items were presented under a public hearing; notices were mailed to properties located within 350 feet of each property and published in the local paper. No comments were received from the neighboring property owners. The property located at 1080 Highway 62 is located on the southeast corner of Highway 62 and Lexington Avenue; in the B-2 Neighborhood Business District; is 1.22 acres in size with a 4,300 square foot gas convenience store building with a car wash canopy and a monument sign out front. On April 16, 1996 City Council adopted Resolution 96-20, which approved the original conditional use permit for the new development of the SuperAmerica gas station on that site. The property located at 1200 Mendota Heights Road is located on the southeast corner of Highway 55 and Mendota Heights Road; in the B-3 General Business District; is 2.0 acres in size with a 4,300 square foot gas convenience store similar to the 1080 Highway 62 site. On April 16, 1996 City Council adopted Resolution 96-21, which approved the original conditional use permit for the new development of the SuperAmerica gas station on that site. In the B-2 Neighborhood Business District and in the B-3 General Business District, city’s sign code allows a sign up to 100 square feet for both a pylon or monument sign, or freestanding. The current sign on Highway 62 is approximately 88 square feet. The current sign on Mendota Heights Road is just under 100 square feet. Speedway has already changed some of their signage and had originally decided to stay with the manual changing of the signs. However, now they are requesting to install the LED fixture to be reinserted, thus creating a new sign permit process. Each area is approximately 3 square feet in area or 6 square feet total. Basically, they wish to swap out the manual change letters and install new LED red display signs. This would be for the gas prices only. Under code 12-1d-15, any signs at a motor fuel station for LED has to meet six conditions: a The characters in an electronic display must be a uniform color b Any electronic display is limited to a maximum of four (4) characters c The total area for an electronic display is not to exceed six (6) square feet in area d The text of the sign may not change more than three (3) times in a day (24 hours) e The electronic display shall be allowed only during the hours of operation approved in the conditional use permit for the motor fuel station f Any existing motor fuel station seeking a permit for electronic display of fuel prices shall submit a request to amend their conditional use permit For the record, Mr. Benetti noted that the local BP Gas Station, before this ordinance was in place, had their digital sign approved under a variance process. Under city code, any conditional use permit request has to have the following standards taken in to consideration:  The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; December 20, 2018 Mendota Heights Planning Commission Meeting Page 3 of 10  Existing and anticipated traffic conditions including parking facilities on adjacent streets; and  The effect of the proposed use on the comprehensive plan The following standards must be met:  The proposed use will not be detrimental to the health, safety or general welfare of the community;  Will not cause serious traffic congestion nor hazards;  Will not seriously depreciate surrounding property value; and  The proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan Staff believed that all of the above mentioned standards have been met and recommended approval of both applications. Commissioner Magnuson asked for confirmation that they are simply replacing the manual gas prices with the digital gas prices on the existing signs in the existing locations. Mr. Benetti confirmed. Commissioner Magnuson noted that on one of the sign photographs, unleaded letter was red and diesel was green. City Code requires that all of the characters be of uniform color. She then asked if that meant that the entire sign has to be of uniform color or each of the characters. Mr. Benetti replied that he believed that each of the characters needed to be of uniform color. Commissioner Noonan asked for confirmation that they were amending the CUPs that were enacted in 1996; which Mr. Benetti provided. He then asked if the CUPs were specific in terms of calling out the requirements for signage. Mr. Benetti replied in the negative. Commissioner Noonan asked if there were specific details in the CUPs illustrating the sign. Mr. Benetti again replied in the negative. Commissioner Noonan asked for confirmation that there were no conditions or plans dealing with signage. Mr. Benetti confirmed. Commissioner Noonan continued by stating that then one could argue that if the original CUPs were silent; therefore, there is nothing to be amended. Mr. Benetti replied that the code states that the original CUP needs to be amended. The use itself is allowed under a CUP. Commissioner Noonan, looking at the staff recommendations, specifically where it reads ‘all existing conditions’, noted that none of the conditions were being changed and that no new conditions were being implemented. Mr. Benetti replied that because these were originally approved under a CUP, then they needed a CUP amendment. Commissioner Magnuson commented that she could go either way on the color. She asked that it be flagged for some consideration or to let the Council decide how they want to interpret the ordinance. Mr. Steve Morse with Speedway came forward to address the Commission and to answer questions. He explained that original CUP for the 1080 Highway 62 property restricts the products that can be sold – they are not allowed to sell diesel fuel at that location. This is why there are not December 20, 2018 Mendota Heights Planning Commission Meeting Page 4 of 10 two different colors for the gas prices. Wherever one would go, the standard color for diesel fuel prices is green; both in the handle of the dispenser, the dispenser itself, and the price. E88 is sometimes indicated with a blue color or a white color. The grades of gasoline are dictated by that color. The selling of diesel fuel is permitted at the Mendota Heights Road facility and that is why there are two different colors for the gas prices; red for regular and green for diesel. Commissioner Noonan asked how long the LED technology has been available. Mr. Morse replied that he has been working with SuperAmerica (now known as Speedway) since 1998 and at that time all of the signs were the crank-style. In the early to mid-2000’s is when they started seeing the LED technology come out – it was very expensive at that time. Due to safety issues with the crank-style or suction-cup style lettering, a concerted effort was made to change to LED. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARINGS. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field asked if there were any restrictions on frequency of changes of prices in the BP sign variance. Mr. Benetti replied that there may have been; Commissioner Magnuson replied that she believed there was. Chair Field noted that the Commission would want to be consistent between BP and Speedway. Mr. Benetti pointed out item D in the ‘El ectronic Displays at Motor Fuel Stations’ conditions that reads D. The text of the sign may not change more than three (3) times in a day (24 hours)’. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-28 CONDITIONAL USE PERMIT AMENDMENT – ELECTRONIC LED DISPLAY SIGN BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 2. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit. AND WITH THE FOLLOWING CONDITIONS: 1. A new sign permit for the electronic LED change-over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-14 shall remain in effect and unchanged due to this CUP amendment approval. December 20, 2018 Mendota Heights Planning Commission Meeting Page 5 of 10 Commissioner Noonan stated that he thought the explanation on the colors was very helpful; it tied the relationship between the colors on the sign and the colors of the pump; and then there is the non-verbal reminder as to what is one versus the other. Commissioner Magnuson stated that she thought the explanation was excellent and she would have not have a problem necessarily with the different colors. She believed that, given the language of the ordinance, they should have an on-record interpretation so that it is clear going forward and that there is uniform application throughout the city. Mr. Benetti replied that this could be done in the staff reports easily. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field advised the City Council would consider this application at its January 2, 2019 meeting. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-29 CONDITIONAL USE PERMIT AMENDMENT – ELECTRONIC LED DISPLAY SIGN BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 2. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit AND WITH THE FOLLOWING CONDITIONS: 1. A new sign permit for the electronic LED change-over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-14 shall remain in effect and unchanged due to this CUP amendment approval. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field advised the City Council would consider this application at its January 2, 2019 meeting. December 20, 2018 Mendota Heights Planning Commission Meeting Page 6 of 10 C) PLANNING CASE #2018-30 CITY OF MENDOTA HEIGHTS-APPLICANT/OWNER 2121 DODD ROAD (FIRE STATION SITE) VARIANCE TO HEIGHT LIMITATIONS FOR NEW FIRE TRAINING TOWER Working from the staff report provided to the Commission previously, Community Development Director Tim Benetti explained that this request was from the City of Mendota Heights on behalf of the Fire Department requesting a consideration of a variance from the height limitations for structures within the residential zone. This property is located at 2121 Dodd Road. This item was presented under a public hearing; notices were mailed to properties located within 350 feet of each property and published in the local paper. No comments were received from the neighboring property owners. Mr. Benetti shared an image of the facility location. The original fire station was built in 1985 and consists of a 12,000 square-foot building with four truck bays that exit onto Dodd Road. There are offices, conference/meeting room, kitchen service area, TV/lounge area, and berthing rooms for local ambulances service personnel. The building also contains the 34-foot high fire hose tower. Mr. Benetti shared images that were shared at the public informational meetings for the new Fire Station. In July 2018, City Council approved the issuance of general obligation bonds in the amount of $7M to help pay for the fire station expansion and remodeling plans. The height of the new tower is proposed to be 40 feet 8 inches. Chief Dreelan provided the following explanation for the needs of this larger tower: “The interior of the tower has a stairway like you would find in any business or apartment buildings. The heights of the tower corresponds directly with the stairs so any changes to that height would affect the rise and run of each individual stair, which would cause a significant trip hazard. The interior of the tower also has multiple doors and windows, any changes to the tower height would affect their size and location, as example you may end up with a window opening that is at knee height.” Because this site is located in the R-1 Residential District, the underlying standard of 25 feet in height applies. However, there is a provision under 12-1D-13(1) that allows for certain facilities or structures to exceed that height by 50%; one of them being fire and hose towers. On a 25-foot structure, 50% would be 12.5 feet more; or 37.5 feet. At 40 feet 8 inches, they require a 3 -foot 2- inch variance. Mr. Benetti shared the standards or findings that must be met when considering a variance request. Staff provided an analysis of these standards or findings within the report and recommended approval of this request. Commissioner Noonan commented that this is another indication where the city should be changing the zoning ordinance to Institutional. Commissioner Magnuson shared this sentiment. Mr. Benetti replied that this zoning ordinance update is forthcoming. December 20, 2018 Mendota Heights Planning Commission Meeting Page 7 of 10 Chief Dreelan had no specific comments to add to the staff report. Commissioner Noonan asked what was so magical about the 40’8”. Chief Dreelan replied that there really isn’t anything magical about the 40’8”; it’s what happens inside of the structure to get them to 40’8”. The tower itself is actually a very specific training facility with a large interior stairwell, much like would be found in a commercial building or an apartment building. That stairwell has several entrance and exit points into different parts of the facility to allow for different types of training. If they had to change the heights of the tower, they could not have the appropriate rise and run of each individual stair. When laddering the structure, instead of coming in at a normal window height, if they had to lower the structure – the window might be a knee height rather than at a normal window height. It is what needs to be done internally to make everything work that determined the tower height. Commissioner Corbett asked if the primary use of the tower was as a functioning staircase between the first and second levels or was it primarily for training use; or both. Chief Dreelan replied that there would be very little reason for the personnel to access that second level unless it was for training. There is also a set of stairs in the rear of the apparatus bay that allows access to the second floor; however, for daily operations they would not be occurring there. Chair Field opened the public hearing. Mr. Dan Johnson, 791 Creek Avenue, stated in the interest of full disclosure that he is a member of the fire department. He said that it should not be a surprise that as a firefighter he was very much in support of the proposed station improvements and additions. As a resident of the neighborhood, if his fire career ended tomorrow he would still be very happy to see the new station built there. What needs to be done to it makes perfect sense. Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 4 NAYS: 0 ABSENT: 3 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-30 VARIANCE REQUEST FOR NEW FIRE TRAINING TOWER BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The request for the 3’-2” variance to exceed the maximum allowable height for the new fire training tower at this location, is relatively minor in its overall scope and impacts, and can be considered in harmony with the general purposes and intent of the ordinances; as the City proposes to use the property in a reasonable manner. 2. The subject property has been established as a fire station site for a number of years, and functions more like an institutional, yet vital public use within the R -1 One Family December 20, 2018 Mendota Heights Planning Commission Meeting Page 8 of 10 Residential district, which makes the property very unique and special when considering approval of this variance request. 3. The requested variance to the height limitations are minimal and pose no threat or impacts to the surrounding properties or neighborhoods, and therefore this variance can be considered a reasonable request for this public safety and service facility. If this request was approved, Commissioner Noonan asked for a timing on the construction and what would it mean to the existing fire station. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO REOPEN THE PUBLIC HEARING. Chief Dreelan replied that the proposed timeline is as follows: January 15, 2019 – seek Council approval to go out for bids Mid-February 2019 – bids would be due back End of February 2019 – bid approval March 2019 – contractors begin mobilization April 1, 2019 or as soon as weather allows – break ground on construction At all times during the construction process they will be a fully-functional fire department; there would not be anything that would have to be moved. For approximately nine months, construction will be going on for the addition. Once that is completed, they would move administratively over to the new addition. Then the construction crew would come back in and remodel the existing administrative areas of the fire department – taking approximately four to five months. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field noted that Commissioner Noonan’s question in regards to the height and use of the structure was of particular importance. He suggested a Finding of Fact be added to reflect the fact that the height is integral to performing all of the training elements. COMMISSIONER NOONAN MOVED, SECONDED BY MAGNUSON, TO ADD A FOURTH FINDING OF FACT: 4. The proposed variance is to support the construction of a fire training tower the height of which is integral to the training function of the fire department Commissioner Magnuson asked that Finding of Fact #2 be tweaked; she believed that the fact that this is a fire station and it’s a public building in a residential district in and of itself creates the practical difficulty that is needed. She expressed her desire to strengthen the language by tweaking to say “The subject property has been established as a fire station site for a number of years and is December 20, 2018 Mendota Heights Planning Commission Meeting Page 9 of 10 an institutional and vital public use within the R-1 One Family Residential district, which makes the property very unique and special when considering approval of this variance request.” COMMISSIONER NOONAN ACCEPTED COMMISSIONER MAGNUSON’S SUGGESTION AS A FRIENDLY AMENDMENT TO THE MOTION Chair Field asked for the vote of the motion in favor of approval based upon the Findings of Fact, including the proposed edit to Finding #2 and the addition of Finding #4. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field advised the City Council would consider this application at its January 2, 2019 meeting. New / Unfinished Business Chair Field provided an update on the 2040 Comprehensive Plan. A Planning Commission workshop was held last week; staff is working on some word-smithing to some of the issues which were discussed at that meeting [Mr. Benetti then handed the Commissioners the resulting document]. Chair Field explained that the plan is that the Commissioners would take a day or so to reflect and see if they feel that it reflects the sum and substance of their conversations last week. If agreed upon, the plan is to tentatively schedule a public he aring on January 22, 2019 – unless there are other Planning Commission Public Hearings scheduled for that same evening. If January 22, 2019 is not feasible, then the plan would be schedule the Public Hearing on Tuesday, January 29, 2019. There is also the possibility that the Commission may want to have another workshop meeting in between. The public hearing for the Comprehensive Plan remains open and Chair Field asked for a motion to extend it until the next regularly scheduled Planning Commission Meeting, to be held on January 22, 2019. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO HOLD THE PUBLIC HEARING FOR THE 2040 COMPREHENSIVE PLAN OPEN UNTIL THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING ON JANUARY 22, 2019 AYES: 4 NAYS: 0 ABSENT: 3 December 20, 2018 Mendota Heights Planning Commission Meeting Page 10 of 10 Staff Announcements / Update of Developments Community Development Director Tim Benetti stated that the WoodSpring Hotel is very close to getting their CO and they should be operational very soon. A goal setting session with the City Council to talk about some of the open sites in the community, especially The Village sites and the Bourn Lane property, is being planned. He believes that there will be two items to consider at the January 22, 2019 Planning Commission meeting. Assuming this to be correct, he would go ahead and schedule the 2040 Comprehensive Plan Public Hearing for January 29, 2019. Commissioner Noonan asked if the goal setting discussion for The Village and Bourn Lane properties basically to move it from vacant land to developed land. Mr. Benetti replied in the affirmative. He also noted that the goal setting is to discuss more than just those two sites; however, staff is looking for direction on which way to go. Adjournment COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO WISH EVERYONE A HAPPY HOLIDAY AND TO ADJOURN THE MEETING AT 7:59 P.M. AYES: 4 NAYS: 0 ABSENT: 3