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2011-03-22 Planning Comm MinutesPlanning Commission Minutes March 22, 2011 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MARCH 22, 2011 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 22, 2011, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Vice -Chair Field, Commissioners Hennes, Magnuson, Noonan, and Roston. Those absent and excused: Chair Norton and Commissioner Viksnins. Those present were Assistant to the City Administrator Jake Sedlacek, Assistant City Engineer Ryan Ruzek, and NAC Planner Stephen Grittman. Minutes were recorded by Carla Wirth. Introduction of New Commissioners At the request of Vice -Chair Field, Commissioners Howard Roston, Michael Noonan, and Mary Magnuson introduced themselves and briefly reviewed their background. Vice -Chair Field welcomed each to the planning commission. Approval of the Azenda The agenda was approved as submitted. Approval of February 22, 2011 Minutes Assistant to the City Administrator Sedlacek advised that meeting attendance was not a requirement for voting on approval of meeting minutes. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO APPROVE THE MINUTES OF FEBRUARY 22, 2011, AS PRESENTED. AYES: 5 NAYS: 0 Hearin.as PLANNING CASE #11 -04 (continued) Edward Trost from Schad -Tracy Signs for Mendakota Country Club 2075 Mendakota Drive Zoning Ordinance Amendment and Conditional Use Permit for Monument Sign Planner Stephen Grittman explained that this is a continuation from the previous meeting to consider a zoning ordinance amendment to allow a larger sign to identify the Mendakota Country Club from Highway 110 and Dodd Road. The golf course is zoned residential and non - residential uses (golf courses) are allowed 12 sq. ft. of signage. The applicants have an existing sign near the entrance and are requesting an ordinance amendment to accommodate a second larger sized sign. Mr. Grittman stated the original application was for a sign that was significantly larger. That application has been refined based on the Commission's input, but was still larger than the R -1 requirement. Mr. Grittman presented a Planning Commission Minutes March 22, 2011 drawing of the subject site depicting the proposed sign from the Dodd Road and Highway 110 intersection. Steve Watson, general manager of the Mendakota Country Club, apologized for not being in attendance at the last meeting. He explained the Mendakota Country Club is zoned residential but a commercial business located at its current site since 1939. He advised of events hosted by the Country Club that bring over 38,180 people to the Club and City of Mendota Heights. Mr. Watson explained the sign is needed to properly identify the location since the existing entrance sign is located into the residential area on border of the property. The previous Mendakota Country Club sign was constructed of concrete but removed in 1999 when hole number three was expanded. He noted the proposed sign had been redesigned, based on input from the planning commission, to fit the style and size required of 100 sq. ft. He asked for the Commission's favorable recommendation and noted a precedent for granting a larger sized sign for golf courses in a residential zone had been established with the Par 3 Golf Course sign. Ed Trost, Schad -Tracy Signs representing the applicant, stated the original sign was over 200 sq. ft. so it was redesigned and is now 95.6 sq. ft. to abide with the code for commercial signage. He noted the plan is to use EFIS /stucco support pillars instead of aluminum posts, so it would be similar to The Village sign material. The background is of metal and the lighting would use reversed channel lettering. Mr. Trost stated the Country Club is zoned residential but noted it is also located on the corner of Dodd Road and Highway 110 that is comprised of various commercial businesses. In addition, the Mendakota Plaza sign is over 200 sq. ft., larger in size due to the area and need for visibility. Mr. Watson stated that during the summer season, beautiful flower beds will be built around the front of the sign. Mr. Trost presented photographs depicting the subject site, reference points, proposed signage 19 feet in length with 6 foot high pylons, and appearance during the day and night time. Commissioner Roston asked if there had been neighbor opposition. Mr. Grittman stated neighbors within 350 feet were notified. Mr. Sedlacek advised that no comments had been received from the public on this matter. Commissioner Hennes asked why they designed a slightly smaller sign than 100 sq. ft. Mr. Watson explained Mr. Trost designed this sign within the scale as directed by the planning commission at its last meeting. Commissioner Noonan stated a comment was made at the last meeting that the size of the sign had to be such because of visibility from Highway 110. He asked if the proposed reduced sign size would provide that visibility. Mr. Trost answered in the affirmative. Commissioner Noonan asked about the proposed color. Mr. Trost stated the sign would have a neutral off -beige background like the Mendakota entryway sign at the driveway, and white reverse channels. Commissioner Noonan asked about the hours the sign will be lit. Mr. Watson stated the sign will be lit from sunset and to 10:00 -11:00 p.m. each evening. Commissioner Noonan asked if that would be an appropriate condition to include. Mr. Grittman stated hours of display can be included as a condition. 2 Planning Commission Minutes March 22, 2011 Commissioner Magnuson asked about the pillar color and appearance. Mr. Trost stated the diagram shows dark brown and the exact color will be selected by the Country Club. He stated it will be neutral color, made of poured cement with sprayed stucco. Commissioner Roston asked if prior approvals of sign CUPs had included regulation of color and size. Mr. Grittman stated color is not regulated in the ordinance. Mr. Sedlacek stated sign permits are usually for commercial properties and reviewed after the colors are decided. However, in this case, the applicant is seeking approval of the concept. Commissioner Roston asked if the issue of color should be dealt with by staff. Mr. Grittman stated the Commission's recommendation should be tied to a planning objective and it would be appropriate to indicate neutral or earth -toned colors and let staff and the Council follow up with the permit. Mr. Watson stated the Club is very conservative in nature and assured the Commission the signs will be in earth tones ranging from brown to beige and they will make every attempt to blend the colors with the Club's entrance sign and The Village sign. Vice -Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Vice -Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 Mr. Grittman read the staff prepared amendment template that identified nine conditions to be considered for a zoning ordinance amendment. Commissioner Magnuson asked if Mr. Watson objected to any of the conditions. Mr. Watson stated the requirements seem reasonable. Commissioner Noonan noted condition eight suggested a base of natural stone or brick but the proposal tonight is for EFIS /stucco posts. He asked if this had been discussed by staff. Mr. Grittman stated that item would be an issue with the drafted proposal as well as the items related to allowable square footage (area) and height. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO REOPEN THE PUBLIC HEARING. AYES 5 NAYS 0 Commissioner Noonan asked about using a natural material such as stone or brick. Mr. Trost explained that the use of stone would add thousands of dollars to the cost and noted the pillars of The Village sign are of EFIS as well as most other commercial signs. Planning Commission Minutes March 22, 2011 Vice -Chair Field and Commissioner Noonan questioned the sign height of six feet, with space below of 26 inches. Mr. Trost explained that space under the sign is needed to accommodate snow. Mr. Watson added that in the summer the space will need to accommodate flower beds. They requested accommodation of eight feet two and a half inches. Mr. Sedlacek requested the commission consider a round number. Commissioner Magnuson noted the sign plan shows different heights on either side. Mr. Trost stated that is a mistake and should show eight feet two and a half inches. Commissioner Roston suggested consideration of nine feet in height and 100 sq. ft. in area. Mr. Trost stated that would be acceptable. Commissioner Noonan asked about the use of EFIS or stone. Mr. Grittman suggested the wording indicate: "other masonry materials similar to stucco." COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF THE ZONING ORDINANCE AMENDMENT INCLUDING: PARAGRAPH 3 -A -4, INSERT "100 SQUARE FEET," PARAGRAPH 3 -A -5 INSERT "NINE FEET IN HEIGHT," PARAGRAPH 3 -A -8, ADD "OR OTHER MASONRY MATERIALS SIMILAR TO STUCCO," AND ADD 3 -A -10 INDICATING "LIGHTING OF THE SIGN IS RESTRICTED FROM DUSK TO MIDNIGHT." Commissioner Roston asked how height is measured. Mr. Grittman stated it is measured from existing grade. Commissioner Magnuson noted the proposed ordinance also addresses permissibility of flood lighting and asked if there may be an argument made for other lighting that may be inappropriate. She noted this sign will use back lighting instead of flood lighting. Mr. Grittman explained the lighting language was intended to be permissive but could be better defined. Commissioner Magnuson felt it would be helpful to have more definition. Commissioner Noonan suggested the clause be explicit and indicate the sign shall be illuminated with back lit channel letters so there is no confusion about what has been approved. Mr. Grittman stated the application also needs approval of a CUP once the Council adopts an ordinance amendment and more design specific requirements could be addressed under the CUP consideration. Mr. Sedlacek suggested the words "by flood lights" be stricken from paragraph 3 -A -6, which would then allow other Code lighting standards to apply. A FRIENDLY AMENDMENT WAS ACCEPTED TO REVISE PARAGRAPH 3A6 TO STRIKE THE WORDS `BY FLOOD LIGHTS." AYES 5 2 Planning Commission Minutes March 22, 2011 NAYS 0 Mr. Grittman stated the CUP would typically be accompanied by a site plan to identify the location of the proposed sign, landscaping, and final design details including the color of materials. He recommended action on the CUP be tabled pursuant to the city council's adoption of the ordinance amendment and such a site plan has been submitted for review. Mr. Grittman explained the city is able to extend consideration for 60 days upon notice to the applicant and staff will deal with the applicant on that matter. Commissioner Roston asked about impact of tabling on the applicant's timing for construction. Mr. Grittman stated he is not aware of their time table. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO TABLE CONSIDERATION OF THE CONDITIONAL USE PERMIT UNTIL THE ORDINANCE AMENDMENT HAS BEEN ADOPTED AND A SITE PLAN IS SUBMITTED. AYES 5 NAYS 0 Vice -Chair Field advised the city council would consider the zoning ordinance amendment application at its April 5, 2011 meeting. The planning commission would consider the conditional use permit application at its April 26, 2011 meeting. PLANNING CASE #11 -05 Paul and Anne Welle 2496 Pond Circle West Conditional Use Permit for a fence within thirty feet of the setback on a corner lot Planner Stephen Grittman presented the request of Paul and Anne Welle for a conditional use permit (CUP) to place a five -foot high fence adjacent to a public right -of -way. He noted the zoning ordinance states that fences in such required yards cannot exceed 36 inches without the granting of a CUP. The proposed fence would be located in the side yard of the subject property, 2496 Pond Circle West, within the 30 foot setback along the Mendota Heights Road right -of -way. The applicants propose to construct a swimming pool and code requires it to be enclosed with a fence of at least five feet in height. Mr. Grittman displayed a site plan of the subject site and drawing of the proposed rail fence and existing landscaping. He reviewed the conditions of a CUP request that the facility is otherwise in keeping with ordinance requirements and within the character of the area. He advised this fence will have little impact to the neighborhood since the view of the fence is obscured by the landscaping. Staff found the application complies with the requirements of the CUP clause in the ordinance and recommends approval subject to the applicant clarifying the style of fence. It was noted that the north side of the property has a solid fence. Commissioner Roston questioned the fence style. Mr. Grittman stated staff interpreted the side fence to be of a rail design and suggested it be confirmed by the applicant. Commissioner Magnuson asked if there are requirements for the fence to not allow access to the pool area. Mr. Grittman explained the city's swimming pool enclosure requirement will need to be met and the Code Enforcement Official will work with the applicant on that matter. 5 Planning Commission Minutes March 22, 2011 Commissioner Magnuson suggested it may be better to not specify "rail fence" since it may be modified to become a pool enclosure fence. Mr. Grittman stated staff would recommend that the fence meet the code requirements of being at least 30% open to allow air movement such as an alternating board fence style. Vice -Chair Field stated he also questioned whether a rail fence would meet the requirements for a pool enclosure. Paul Welle, 2496 Pond Circle West, applicant introduced himself and clarified it is not a traditional split rail fence but a wrought iron fence made of aluminum. Russell Hanson, All About Pools, Inc., representing the applicant, advised the fence meets the city's code as a swimming pool barrier fence and is very attractive. Vice -Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Vice -Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR A FENCE SUBJECT TO THE FOLLOWING CONDITION: 1. APPLICANT SHALL CLARIFY THE CONSTRUCTION TYPE AND SIZE OF FENCE ON THE PROPOSED SITE PLAN. Commissioner Magnuson stated she assumes staff will assure the swimming pool complies with code requirements. Mr. Grittman confirmed that was the case. Commissioners Roston and Hennes, maker and seconder of the motion, confirmed the motion was based on the findings of fact contained in the staff report. AYES 5 NAYS 0 Vice -Chair Field advised the city council would consider this application at its April 5, 2011 meeting. 12 Kgelei Qrfreyvl Dr:Jf9IL� City of Mendota Heights Wetlands Permit for improvements to Wagon Wheel Trail Planner Stephen Grittman presented the request of the City of Mendota Heights for a wetlands permit to accommodate the reconstruction of Wagon Wheel Trail between Lexington Avenue and Dodd Road, 2 Planning Commission Minutes March 22, 2011 which will include new storm sewer, concrete curb and gutter, aggregate base, bituminous surface, a bituminous trail, and hydrant replacement. Because of the project's proximity to the buffer zone of Rogers Lake, a wetland permit is necessary. Mr. Grittman noted that staff commonly has a second recommendation to maximize the amount of setback from the wetland, which is addressed on a case -by -case basis. In this case, the city is taking a number of measures to assure Rogers Lake is protected and that the storm water conditions will be improved. He noted the construction is being done in accordance with the city's Land Disturbance Guidance document, an extensive stormwater management ordinance, the project is consistent with the objectives of the ordinance, and recommended approval. Commissioner Hennes asked about the project schedule. Assistant City Engineer Ruzek stated it was anticipated to be from June through the end of September. He assured the Commission the project took every precaution to protect Rogers Lake. Commissioner Noonan noted staff's recommendation mentions a wetlands permit and indicates it is believed the management practices will adequately protect, spelling out nine management practices. He asked if those practices will be implemented in this project. Mr. Ruzek described the management practices that will be incorporated and advised the requirements will be met. Commissioner Noonan asked if the city typically considers wetlands permits in a general manner or if specific measures are cited to assure the wetland impact is not extreme. Mr. Ruzek explained that most wetland permits require only a silt fence installation; however, the city is required to follow its ordinances and obtain a NPDES permit. Vice -Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Vice -Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS REQUESTED. AYES 5 NAYS 0 Vice -Chair Field advised the city council would consider this application at its April 5, 2011 meeting. PLANNING CASE #11 -07 Linder's Garden Center for Mendota Mall Associates 750 Highway 110 Conditional Use Permit for an outdoor garden center 7 Planning Commission Minutes March 22, 2011 Planner Stephen Grittman presented the request of Linder's Flower Marts for a conditional use permit (CUP) to operate a seasonal garden center within the parking lot of the Mendota Heights Plaza shopping center, a multi- tenant use, at Highway 110 and east of Dodd Road. He explained that a new CUP for this seasonal garden center is required as a result of extensive modifications and redevelopment activities to the subject site and parking lot that resulted in a new planned unit development (PUD). Mr. Grittman displayed a site plan depicting the shopping center, future building areas, and proposed Flower Mart location. The original CUP was granted in 2000 and included a number of conditions. Staff found this application to be compatible with the intent of the district and recent PUD approval and had refined the conditions to address the dates of operation. Mr. Grittman displayed a photo of the proposed garden center and indicated staff recommends approval subject to a series of conditions as detailed in the staff report. Commissioner Magnuson stated concern with condition three that allowed the empty facility to remain on the premises for one month after closing. Mr. Grittman reviewed the process to remove the facility and stated a shorter timeframe could be discussed. Commissioner Roston noted in 2000 there were several additional conditions. Mr. Grittman stated the recommended conditions would replace the conditions of 2000. Commissioner Roston addressed circulation of the parking lot and asked if the proposed location is conducive to parking and traffic movement. Mr. Grittman noted the proposed location is in the most remote area from the shopping center and least likely to interfere with the bulk of shopping center traffic. Commissioner Noonan noted the CUP does not contain a sunset date. Mr. Grittman stated that is correct and the CUP would run with the land. Caio Cella, Division Manager with Linder's Flower Marts, stated he had nothing to add to staff's presentation. Commissioner Noonan asked how much time is needed to vacate the area after the business is closed. Mr. Cella explained that historically, the day they close they remove the plant material, structure, and sweep the parking lot. He indicated that a 15 -day time period would be acceptable Commissioner Hennes asked if July 15 is their close date. Mr. Cella answered in the affirmative. Commissioner Noonan noted that in 2011, July 15 is a Friday and asked if it makes sense to close the day before the weekend. Mr. Cella stated they have 52 locations around the Twin Cities and begin closing their garden centers the end of June through July 20, roughly, so it depends on their schedule. He stated the date of July 15 is acceptable. Vice -Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Vice -Chair Field asked for a motion to close the public hearing. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 Planning Commission Minutes March 22, 2011 Commissioner Roston suggested, since other such facilities are open through July 20, that this facility could be allowed to remain open until July 20 with removal by the last day of July. Under those dates, it would not need to be reconsidered each year. Mr. Grittman noted July 15 was proposed by the applicant and staff had no objection to a different date. Commissioner Magnuson stated the applicant has indicated they are flexible with the open/close dates and could close earlier than July 15. She supported a provision that required the applicant to remove the facility within a set number of days from the date the facility closes. Mr. Cella indicated that would be acceptable. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE GARDEN CENTER SHALL BE LOCATED AS GRAPHICALLY DEPICTED ON THE SUBMITTED SITE PLAN. 2. GARDEN CENTER SALES OPERATIONS SHALL BE ALLOWED FROM MARCH 15 THROUGH JULY 15. 3. ALL EQUIPMENT ASSOCIATED WITH THE GARDEN CENTER USE SHALL BE REMOVED FROM THE PREMISES NO LATER THAN TEN DAYS FROM THE DATE THE FACILITY CLOSES. 4. HOURS OF OPERATION SHALL BE FROM 8:00 A.M. TO 8:00 P.M. DAILY. 5. ALL SIGNS SHALL CONFORM TO THE SIGN REGULATIONS CONTAINED IN THE ZONING ORDINANCE, INCLUDING ALL NECESSARY SIGN PERMITS. 6. FENCING SHALL CONSIST OF A FOUR FOOT HIGH PATIO FENCE AROUND THREE SIDES OF THE GARDEN CENTER. 7. TRASH SHALL BE REMOVED FROM THE GARDEN CENTER AREA ON A DAILY BASIS. 8. ANY NECESSARY UTILITIES SUCH AS ELECTRICITY AND WATER SHALL BE SUPPLIED BY THE MENDOTA PLAZA SHOPPING CENTER. 9. THE CUP SHALL BE RECORDED WITH THE SUBJECT PROPERTY, SPECIFICALLY REPLACING THE CUP APPROVED IN 2000. Mr. Grittman stated if Linder's decides to not take this space next year, another vendor could do so. He asked if a date should be included or language indicating "no later than July 20" and vacating premises no later than 14 days after the closing date. Vice -Chair Field asked if another garden center would need a new CUP application. Mr. Grittman stated that is not the case if the new vendor meets all the CUP conditions. Commissioner Magnuson stated she does not have an issue when the businesses closes but is concerned about the length of time the empty structure remains in place. Commissioner Noonan noted condition two allows the operation from March 15 through July 15 and condition three has been revised to require removal ten days after they close. Commissioner Roston offered the following friendly amendment: 0 Planning Commission Minutes March 22, 2011 2. GARDEN CENTER SALES OPERATION SHALL BE ALLOWED FROM MARCH 15 THROUGH NO LATER THAN JULY 20. 3. ALL EQUIPMENT ASSOCIATED WITH THE GARDEN CENTER USE SHALL BE REMOVED FROM THE PREMISES NO LATER THAN TEN DAYS AFTER THE GARDEN CENTER CLOSES. THE FRIENDLY AMENDMENT WAS ACCEPTED AS SUGGESTED BY COMMISSIONER ROSTON AND INDICATED ABOVE. AYES 5 NAYS 0 Vice -Chair Field advised the city council would consider this application at its April 5, 2011 meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #11 -03 Michael and Julie Gerend Conditional Use Permit Approved by the city council as recommended by the planning commission. Mr. Sedlacek stated he was pleased to announced that after consideration of 11 requests for proposals, the Council had authorized a one -year contract, with an option to renew, with Northwest Associated Consultants, Inc. based on the level of education of staff, direct experience with day -to -day planning services, and broad representation of other communities. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO ADJOURN THE MEETING AT 8:35 P.M. AYES 5 NAYS 0 Respectfully submitted, Carla Wirth, Recording Secretary 10