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1989-03-28 Planning Comm MinutesCORAECTED*.MInUTt8 CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 28, 1989, in the City Hall Council Chambers, 1101 Victoria Curve. Chairman Morson called the meeting to order at 7:35pm. The following members were present: Morson, Anderson, Koll, Duggan, and Dwyer. Commissioner Krebsbach had informed the commission that she would be out of town on the date of the meeting date. Also present were Planner Howard Dahlgren, Public Works Director Jim Danielson, Administrative Assistant Kevin Batchelder, and Mayor Charles Merte,nsotto. APPROVAL OF commissioner Ko ' 11 moved approval of MINUTES the February 28, 1989 minutes. Commissioner Dwyer seconded the motion. AYES: 5 NAYS: 0 CASE NO. 89-09 The Fryes and Katz's were not in FRYE/KATZ VARIANCE attendance at the meeting. Public Works Director Danielson explained that both parties were informed of the meeting time and date. Mr. Dahlgren explained that the Commission could go ahead with the case. Commissioner Koll said she had visited the property that the parties involved want subdivided; she agrees with the proposal since it is unbuildable property. Commissioner Anderson stated that it is an appropriate request. Chairman Morson explained that this is a subdivision, and a survey and legal description are required, ..but were not supplied. Public Works Director Danielson said that the survey and legal description have been supplied, but unfortunately were not included in the meeting information for this evening's meeting. Commissioner Koll said that $8000 has been spent on past surveying of the property. PAGE 2 March 28, 1989 Commissioner Anderson moved to recommend waiving the public hearing on this matter; moved to recommend to City Council the subdivision as proposed. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 VERBAL REVIEW Public Works Director Jim Danielson gave a verbal review of cases that had been before the City Council. Chairman Morson and the Planning Commission commended Commissioner Dorothy McMonigal for her years of service to the City as a Planning Commission member, and requested the City Council to do. likewise. CASE NO. 89 -03 Chairman Morson called the meeting DUFFY, REZONING to order for the purpose of a VARIANCE, CUP FOR continued public hearing on Mr. PUD, ZONING ORDINANCE John Duffy's application for the AMENDMENT rezoning, variance, Conditional Use Permit for a Planned Unit Development, preliminary plat and zoning ordinance amendment for the property at the Southeast quadrant of Lexington Avenue and Trunk Highway 110. Mr. Duffy presented the commission with a design based on meetings with the neighborbood, taking into account the criteria that was presented to him by the neighborhood. Mr. Duffy stated that the general consensus of the neighborhood meeting was that no one was opposed to developing the property. He felt that the community needs commercial development for generation of taxes. The residents preferred the B -2 zoning uses to those within the B -3. Residents were concerned about effective screening of residential lots. Mr. Duffy recommended an 8' high berm to be built and landscaped as a residential buffer. The slope kept to 3:1 for a pleasing appearance and PAGE 3 March 28, 1989 easy maintenance. A convenience store with gas is desirable to the residents, according to Mr. Duffy, but no more than eight servicing stations. A bike path is needed, according to residents; Mr. Duffy proposed a bike path running down the right -of -way from Tom Thumb Street to Hwy. 110 with a „signalized stop light with push button activator by the sidewalk. Mr. Duffy stated that trash removal would be handled by a screened dumpster enclosure built into the bermed slope. The neighborhood would like to see Phil's garage incorporated into the plan; Mr. Duffy -'s proposal is for the service garage to be built as a separate wing with over -head doors facing away from the Lexington entrance, and all parking in the rear. Aesthetics was a major concern with residents; Mr. Duffy proposes following a basic Early American style, but using brick on all sides. Entrance nodes would be used as a means to break up the linear appearance of the front wall. Mr. Duffy stated that Tax Increment Financing is a good vehicle and wanted to consider this as part of a development proposal. He stated where the road would be installed with his proposed B -2 zoned shopping center. There would be no variances needed; he has met all the required setbacks. He stated that parking and the traffic flow would be maximized with two small loops on each end of the center. Mr. Duffy stated that there are tax issues with a tax exempt statue and zero lot lines. Mr. Duffy presented the topographic plan which included a berm proposal to screen the residential lots. He stated that Dundee Nursery has been hired to prepare the landscaping plan he presented. Mr. Duffy explained that the sign band would be a white back lit PAGE 4 March 28, 1989 strip to show up with words and individual letters. Commissioner Dwyer asked Mr. Duffy what the distance is between Mary Adele and the back of the proposed building. Mr. Duffy responded by saying approximately 200 feet; lots are 1301 deep; there is 151 of boulevard between the lots and Mary Adele pavement. Commissioner Dwyer asked if the back of the building was brick? Mr Duffy said yes, there is brick on all 4 sides, a canopy in front with a stucco band in back. Commissioner Anderson said that back in February, Plan A did not involve residential lot development; the residential lots would be rezoned from the existing wall north. He then asked what happens with the undevelopable land? Mr. Duffy said the city ends up owning the strip. Commissioner Anderson asked about maintenance on zero lot lines. Mr. Duffy explained that there would be a general maintenance agreement for the center. Commissioner Anderson questioned Mr. Duffy on the desirability of new residential lots. He's not sure that new residents will be thrilled with this; what is the impact on the community? Mr. Duffy said B-2 zoning is wanted. The neighborhood wants residential lots berming to appease the neighborhood, both visually and for sound. It was explained that Tom Curley owns this property; a realtor would look at viability of these lots. Commissioner Anderson commented on the viability of the shopping center. We need a decent sized anchor. Without it, we may have problems. Mr. Duffy said that they have anchors and tenant lease mix. They have 3 open spaces with letters of intent for occupancy. Commissioner Anderson asked Mr. Duffy is he could still lease everything if he were proposing Plan A. Mr. Duffy PAGE 5 March 28, 1989 stated the letters were signed when Plan A was proposed and that either development was attracting tenants. Commissioner Anderson was concerned with the exterior appearance of the structure; it should have a modern look to it - use same brick as City Hall to tie the corners together. Commissioner Anderson asked Mr. Duffy which proposed center did he feel was the best site: Mr. Duffy stated that Plan A was the best use of the land and was based on marketing analyses. Commissioner Duggan complimented the developer on the improved plans. He had major concerns over the traffic; it will mean a lot of trips for that corner - he has a concern for the neighbors. Mr. Duffy would like to see signalized intersection with button crossing for pedestrians and bikers. However, the County doesn't seem interested to complete modification. Commissioner Duggan displayed much concern over the traffic situation. City Planner Howard Dahlgren concurred that the design will work sufficiently for the amount of trips each day. He added that traffic on the north side to serve shopping area could be better if more parking were added in front. The service road is workable, but Mr. Dahlgren was concerned with lack of stacking ability at the proposed bank drive -up - he feels the bank proposal is not adequate at this time. He concluded by saying that the overall traffic scheme is not seen as a problem. When the Frontage Road/ Lexington intersection traffic warrants a signal, a light will be installed there. Commissioner Duggan commented on the auto garage; he felt it would not be harmonious to future residents. He also commented on the garage pit; recommended that garbage be contained in the buildings. Mr. Duffy agreed that inside storage of garbage would be ideal, however, dumpsters are normally PAGE 6 March 28, 1989 provided behind the building. Commissioner Duggan also made a comment that junky cars are unsightly. He asked who would be responsible for maintaining berm and landscaping. Mr. Duffy said they are responsible and it would be included in the development agreement. Commissioner Duggan feels there is a need for more substantial landscaping, and**Mr. Duffy will come forward with size*of trees and adequate landscaping.'. . Commissioner Dwyer asked if the crab apple trees could be saved. Mr. Duffy didn't know if the trees could be saved or not. Commissioner Duggan asked how many residential lots are being planned for development. Mr. Duffy said 9 lots were platted. Commissioner Duggan asked if he would consider eliminating some lots to increase overall lot sizes. Mr. Duffy said that is Curley's decision. Commissioner Duggan asked about pollution concerns with gas station and Croix Oil. Mr. Duffy said that Croix Oil has served SOS for the past 11 years, and would like to sell the gas to the new station. Commissioner Duggan thanked Mr. Duffy for the plans. Commissioner Koll asked about the curve of the street and size of the front parking lot. Mr. Duffy said that 201 stalls, 241 drive aisles, and 201 stalls is code; however, parking lot could be made larger without variances. The road curvature was no problem for the amount of traffic in question. Commissioner Koll questioned the auto repair in the back of the building; her concern is the buffer area (jumper cars, etc). She said the desirability of lots is still satisfactory to her. A colonial type of construction was her choice, but whatever type is decided upon, the materials used must be of substance and quality. She asked about PAGE 7 March 28, 1989 the existing evergreens on the proposed building area - can they be saved or moved? Mr. Duffy said he would like to see as many as possible stay; possibly half of the existing trees. City Planner Howard Dahlgren elaborated on his report, explaining parking concerns, trees and screening, traffic and parking. He said that the key is channeling traffic at entrance to center; this is not a good situation now. Mr. Dahlgren concluded by saying that Plan A is the best alternative if it is adjusted somewhat. It solves the problem of the screen: leave it and enhance it. Commissioner Anderson feels that Plan A has a safer and better traffic pattern. He said this was a valuable piece of commercial property at the western gateway to the City; he asked why minimize the buffer and miniscule the size and potential of the center. Mayor Mertensotto gave an oral presentation expressing his desire to maintain the existing wall and pine tree screen, explaining the TIF policy and the City's desire to see a very high quality project if public money is involved. Chairman Morson opened the meeting to the floor. Mr. Harry Wise, 3077 Timmy Street, presented comments from the neighborhood meeting which had been held earlier. There was great reluctance among residents to lose the screen. They were in agreement with B- 2 zoning, and the 3 non-conforming businesses should be kept. A "sore - point" issue is the drive-in bank; some feel this is high speed risk traffic. The residents show heavy resistance to the drive-in bank and to fast food restaurants. Mr. Wise then presented his personal opinion. He is upset about selling the lots with berm and trees; he feels that the rear parking is useless during rush hour. The garage, the biggest source PAGE 8 March 28, 1989 of noise, is as close to neighbors as you can get it. He feels that the traffic flow is a problem, the screening is not adequate. He feels it is unethical to put in neighbors as a screen. The flow into the filling station is inadequate, and the aesthetics of a convenience store is a concern to him. Mr. Duffy took the floor with clarifications. He said that everyone stayed at the meeting to come to a concensus. Zoning and uses allowed had been agreed upon. Plan A building was 501 from wall and 751 away from property line. Mrs. Judy Werthauser thanked Mayor Mertensotto for his direction. She went on to say that she, and 200 other people, were against Plan A. The B-2 zoning was a concern; she wants a CUP and not a change of.zoning. She feels that creativity should be a major factor in screening, and would like to see screening options from the developer. Mrs. Werthauser is unhappy with the amount of pumps proposed at the convenience store; she feels that the traffic study should have supported the neighborhood better and is still uncomfortable with it. Mr. John Nides, 2094 Patricia Street, explained that he was concerned over the fact that the project being presented was what was agreed upon; now he is hearing something totally different. He is very concerned over the size of the project. Judy and Al Werthauser said they do not want rezoning or variance on residence lots. They feel they are forced to make a decision whether to have a big mall or a small mall with houses. They also would prefer keeping the existing screen in place. I Chairman Morson said that he feels that the people have spoken in favor of Plan A, especially with the screen. He added that the Planning commission does PAGE 9 March 28, 1989 not have a satisfactory recommendation to make to the City Council, and a decision must be made. Commissioner Anderson said that a decent opportunity to present a viable project hasn't been given to Mr. Duffy. He feels that at this time, there is no workable detailed plan. We need to be more specific with plans for Mr. Duffy and the neighborhood. Tim Curley, son of the owner of the property, stated that they have been trying to develop the property for four years. He want on to summarize the activity on this project since August, 1988 when they came to the City for direction. Chairman Morson stated that the Commission has not been influenced by the Mayor's comments. Many aspects of the presented plan are not acceptable. He does not want to see trees removed. He felt that the first developer scared people with the huge Super America first planned. Chairman Morson added that a decision should not be made under a stressed condition; he recommends taking another look at the situation. Mary Sweeney, 2047 Theresa Street, stated that her front door faces the trees. She wants to see the barrier rather than lots; she feels that new homes there would not be an addition to the neighborhood. She also wants to keep the trees. Harry Wise feels that points in Plan C are valuable and if incorporated in Plan A, it could be much better. Mr. Duffy addressed the commission by saying that he has been presenting plans to meet the needs and wants of the neighborhood and the City. He feels the time has come for some positive action; he wants to get the right solution - would like to know what it is that is really wanted. PAGE 10 March 28, 1989 Chairman Morson agreed with Mr. Duffy that a decision must be made. Joe Schmitz, owner of the SOS, said that one year ago, they were told to make no improvements with their property. Now improvements are necessary and insurance will be costly if improvements are not made. He doesn't understand the direction being given. Mayor Mertensotto feels that Plan A is a viable project economically for the developer; Plan A should be developed with the concerns addressed. Commissioner Anderson said the neighborhood has limited influence on the problem. Legal issues are involved, along with health, welfare and safety issues. As far as the traffic issue goes, an increase in volume is not the only issue. He added that Mr. Duffy's problem is that he is too nice and has listened to all of us; we've jerked him around from month to month. Mayor Mertensotto has given us a dose of political reality tonight; now the time has come for clear direction. A neighbor stated that the developer and the community have been misled. Mr. Duffy has presented a compromise that was worked out with the neighborhood. Harry Wise added that they have presented their concerns. Commissioner Dwyer asked if the Werthausers and Mr. Wise's comments were a consensus of the neighborhood. The neighbor said they're trying to come to a compromise Chairman Morson stated that he sees merits in both plans, but cannot accept either as a whole. We must review and reassess. Pat White, 2098 Theresa, expressed PAGE 11 March 28, 1989 concern over the fact that a landowner must pay taxes on residential lots, but then nothing can be done with them. Commissioner Koll said that the process has gone on too long. She is hearing a dichotomy. Commissioner Anderson explained that the Planning Commission is guided by principles and laws that compel action. A motion was made by Commissioner Dwyer to close the public hearing. Commissioner Duggan seconded the motion. City Planner Howard Dahlgren explained that it can be moved to close the public hearing tonight and continue the hearing next month, or close everything tonight. Commissioner Duggan stated that he wants clarification of the process of closing or continuing the hearing. He withdrew seconding of the motion. Commissioner Koll then seconded the motion. AYES: 3 NAYS: 2 Anderson, Duggan Commissioner Dwyer moved that Planning Commission recommends that the City Council approve Plan C with a fine tuning of the dumpster enclosure and berm area, a resolution of Ethan Allen and drive -in bank situation, and the inclusion of a berm with 30 foot spruce trees. Commissioner Koll seconded, with emphasis on the berm, its landscaping, its screening and buffering ability. Commissioner Duggan felt the term "finetuning" is inadequate. This must be specified now. All of Mr. Duffy's plans have been rejected; the neighborhood will never be satisfied. Chairman Morson said we are only here to approve the plans, but Commissioner Duggan felt that we are also here to give Mr. Duffy some direction. Commissioner Anderson feels that Plan C PAGE 12 March 28, 1989 is unsound and does not make the best or highest use of this precious commercial property. AYES: 2 NAYS: 3 Anderson, Duggan, Morson Motion fails. Commissioner Duggan moved to recommend to the City Council that applicants proposal be denied. The city should not pursue a plan that nobody is happy with; Mr. Duffy should be given a chance to begin again. Commissioner Anderson stated that this motion has merit; it seems to be the only thing that everyone can agree on. Commissioner Duggan withdrew the motion because of lack of second. commissioner Anderson.moved to recommend that the City Council approve the preliminary plat for a modified Plan A, subject to the following conditions: a. That the center be moved west and north away from existing wall to allow for a landscaped area. b. That the free standing service station be limited, or scaled back, to six pumps. C. That the zoning be retained as B-2 with amendments to the B-2 zoning to allow for the following uses: 1. motor fuel/convenience store 2. drive-in back 3. minor auto repair 4. furniture store 5. locksmith 6. interior decorator 7. picture framing store 8. health studio 9. radio repair c. Recommend denial of any fast food drive-up use. d. That the center incorporate the PAGE 13 March 28, 1989 more modern exterior facade proposal of a brick surface with masonry band comparable to City Hall. e. Recommend that the R-1 zoned area be rezoned to B-2 zoning, and that the B-2 zoning line be drawn 201 north of existing wall so the required 301 setback keeps building to the north. f. Recommend approval of 4 acre variance to allow a 6 acre PUD. g. Recommend denial of the requested signage variances and that signage be in accordance with city ordinances. h. Recommend approval of a 301 variance to the 601 setback for a service station. i. Recommend that final approval of the preliminary plat be contingent on the submittal of.a survey that accurately reflects the details of the placement of the north service road. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 1 Koll Motion carried. ADJOURN Commissioner Anderson moved to adjourn the meeting. Commissioner Dwyer seconded. The meeting was adjourned at 11:05pm.