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1989-02-28 Planning Comm MinutesPage 1 /- � \ CITY OF ME0D0TA HEIGHTS PLANNING COMMISSION MINUTES The reo�ar�e��of�e0���Beig�e���o8O��aai��m��nu Tuesday, ~ February 28, 1989, in the City Hall Council Chambers, 1101 Victoria Curve. Chairman Moraoo called the meeting to order at 7:30 p.m. The following members were present: Moraou, Anderson, KolI, DoQ&uu, Dwyer and Drobobuub, Commissioner NcMooigaI had informed the Commission that she was resigning and was absent. Also present were Planner Howard Dablgrau, public Works Director Jim Danielson, and Administrative Assistant Kevin Batchelder. APPROVAL OF Commissioner Doll offered a correction to the MINUTES minutes on Page 4. Commissioner Duggan moved approval of the January 24, 1989 minutes as corrected. Commissioner KolI seconded the motion. Ayes: 6 Nays: U 0kGQ 0O, 89-04 Mr, William 8utmer, 1789 Victoria Road was present to SOTME8, VABl&00E mxoIuiu that be desired to construct a QuraDo addition to his home that will muoroaob on his northerly side / ) yard setback by 2 feet. Chairman Mnraou asked about u ' power pole that will be in the nay of construction. 0r. 8otmer explained that Northern States Power Company w. ill remove the pole and reinstall his electric service un- derground. Oummloai000r Dwyer asked why his existing garage couldn't just be shortened by two foot thus eliminating the uood for a variance. Mr. Dutmar explained that this would cause an odd eiond' Ieaa functional room, Commissioner Doll said that she had called Mr. 8utmer/o affected neighbors and although they were not totally pleased with the proposal, they did approve of it. Commissioner Krebabach moved to recommend approval of the requested 2 foot side yard variance. Commissioner Koll seconded the motiou. Ayes: 6 Nays: 0 Page 2 February 28, 1989 CASE 0O. 89-07 Mr. Joe Schaefer of West Gt. Paul, was present to ex- 8ODAEFE8, LOT plain a requested lot division. Mr, Schaefer and Mr, DIVISION ]il000 jointly own Lot 5, Block 1, TiIaau/o 8iCbIaud Heights Plat 0o. 3 and they desire to subdivide this wooded lot diagonally and add the two newly created parcels to existing abutting lots in order to preserve the woods and oDmo space. There was concern expressed Planning Commission members that future uwuaro of these new lots do not return to the City at a later date requesting to further subdivide these parcels to create buildable lot. Commissioner Duggan moved to prainee the owners of this lot for preserving open-space within the City and recom- mend waiving the public hearing and approving the sub- division. Commissioner Dwyer seconded the motion. kvne: 6 Nays: 0 CASE 0O. 89-08 Mr. Art Kur000, developer of VuI/o Addition, was present KORO83, LOT to explain that the purchaser of 0utlot A in his nubdi- DIVISIO0 vision desired to increase its oimo to buve a wider . - access. The PIauuiuQ Commission had no problems with the re- quest. Commissioner Dwyer moved to waive the public hearing and recommend approval of the requested subdivision to the City Oouucil, Commissioner Krebabucb seconded the mo- tiou. Ayes: 6 Nays: 0 CASE 0O. 89-O6 Chairman Moreou called the meeting to order for the 9[kN00} UNIT DEVELOP- purpose of u public bouriu8 on United Properties uppll- MD@T, PRELIMINARY cation for a variance, Conditional Use Permit for a PLAT AND VARIANCE Planned Unit Development, and preliminary plat for the Northeast corner of Executive Drive and Northland Drive (Mendota Boiobte Business Oootez 3rd Addition), Mr. Dale 8Ioxa of Ou1tad Properties was present at the hearing and stated that this parcel was going to be divided into two DarooIu. Solvay Animal Health, Inc. has received a building permit for Lot 1, Block 1 so that the building can be completed by August 15, 1989. Page 3 February 28, 1989 He also stated that even though Lot 2 is left as a unusal shaped lot, United Properties is confident it will be adaptable to successful development. Mr. Glowa stated that Solvay Animal Hospital, Inc., now located in Charles City, Iowa, is a high tech company which will employ approximately 130 people. The build- ing would be a 60,000 square foot buildng on a six acre site with 173 parking stalls in the front with 53 in the back. He stated that the parking stalls in the back would be left as green area for now and that if in the future expansion of the parking stalls is needed they would put the 53 in the back. Mr. Glowa stated that this building would be of same quality as the other buildings in the business park. Commissioner Krebsbach asked what was done in the facility. Mr. Glowa responded that the laboratory would breed poultry, inside.the building, and use them to test vacines and run tests on them. Commissioner Krebsbach asked how the waste from the poultry, etc. was taken out of the facility. Mr. Glowa stated that there is one dock in the back and that the wastes are in barrels and would be removed from the premises to Eden Pairie. fie also stated that this facility is a clean and safe use. It is regulated and inspected by the Federal, State, County, and EPA to insure safety. Commissioner Dwyer asked if any other animals would be tested on at this site such as swine or cattle. Mr. Glowa responded that poultry was the only animal. Commissioner Koll asked if radiation would be used. Mr. Glowa stated that radiation would be used but only in small doses. Commissioner Duggan asked what kind of precautions are taken for evacuation of employees and notification of area residents in the event of an accident. Iie also asked if someone would be available at the Council meeting to address this concern. Mr. Glowa stated the Elerbe Beckett the designer of this laboratory has extensive experience in designing labora- tories and the sophisticated electrical and mechanical Page 4 February 28, 1989 systems and that be would try to have someone to attend the City Council meeting to address this concern. Commissioner KoIl asked why United Properties was uabiuQ for a variance in the parking width. Mr. 8lowaotated that the reason for this was that the industry has Q000 away from big ouro and also that in an office setting an 8.51wide parking stall is sufficient. 8e also stated that United Properties has asked for this variance throughout their properties in the park and it has proved acceptable. Commissioner Duggan moved to close the hearing. Commis- sioner Krebabaob seconded. Ayes: 6 Nays: 0 Commissioner Duggan moved to recommend approval of the preliminary plat; approval of the Planned Unit Develop- ment with drawings submitted and reviewed on February 28, 1989 subject to final approval by City Staff for ouQiunmrlog, which includes water and air filtrutloo and waste disposal, and landscape details; approval the variance to parking bay to 60 feet wide and spacing of 8-1/2 foot; and the approval for reduction of the parking requirements to 173 spaces with the condition that in the event that additional parking is needed, it will be provided as indicated on the site plan druxioQa as submitted. Commissioner Krobobaoh seconded. Ayes: 6 Nays: O OAGD 0O. 89-03 Chairman Moreon called the meeting to order for the C0yFY, REZONING, purpose of a continued public hearing on Mr. John VARIANCE, ODy FOR Duffv/o application for the rezoning, variance, Onudi- & POD, PRELIMINARY tional Use Permit for a Planned Unit Development, pre- PLAT, Z0NZ0Q 08DI0k00E Iimluury plat and zoning ordinance amendment for the AMENDMENT property at the Southeast quadrant of Lexington Avenue and Trunk Di8bnuy 110. Chairman Moraou stated that the Commission did not have udogoute materials and drawings to make a recommendation to the City Council at this meeting. He asked Mr. Duffy to proceed to explain his proposal and after that the Commission and residents would ask questions. Commissioner Duggan asked for clarification of legal rights on the part of the Commission and the Developer. Page 5 February 28, 1989 Chairman Moraou stated that the Commission can continue the hearing nD to 60 duro from the original hearing data. After that time the Developer has the right to proceed to the Council with or without PIuuuiog Commission approval and take his chances at the City OoouoiI. The 60 days can be extended upon the mutual agreement of the Developer and the Commission. 0r. Duffy stated that his market study showed that the original proposal is the best aobomo for this location but that be has basically two scaled down proposals. The first is similar to the original but scaled down. The gas station/convenience store (Super America) has been reduced to 12 pumps and 2,900-3,000 square feet and the oioa of the center has been reduced to 28,000 square foat'aod that they have lowered the building. Commissioner Dwyer asked who would be tenants and that if the gun shopwas still going to be there. Mr. Duffy stated that he had video store, pizza place, dry cleaners, and home glass and mirror nbuy and that the gun shop will not be one of the tenants. Commissioner Krebabach asked if there would be any sporting goods store in this location. Mr. Duffy responded there will not be a sporting goods store in this complex. Commissioner Dwyer asked what the hours of operation for the convenience store would be and what is the antici- pated trips per day to make it feasible for this proposal. Mr. Bob Field of Croix Oil stated that hours of opera- tion would be from 5-6 A.M. to Midnight. No diesel fuel would be available for trucks. Super America uultio- pateo 400-600 average trips per .day. Commissioner Krabobuob asked if this smaller convenience store would be obsolete or inadequate for Super America compared to the other stations they provide. Mr. Field stated that Super America has omuIIar stations and they are not obsolete or loudaguato for the antici- pated trips per day. He also stated that be does not see Croix Oil o�miug back before the City uabioD to / Commissioner Doll asked about the drainage from this `_' site. Page 6 February 28, 1989 l Mr. Duffy responded that this site would drain into the State ditch system. Commissioner Dwyer asked if they proposed to lower the building would you step down into the building. Mr. Duffy stated no, the land in the back of the site is 6 feet higher than the front. What they propose is to follow the natural grade of the land and mako the front and the back the same. Commissioner Duggan expressed that the Developer should make'the building as asthetic as possible including the back area of the building which faces the neighborhood. He also stated that he would like a more definate plan on what kind of building is proposed. Mr. Duffy stated that he would like to know what direc- tion he is going before spending more money and time on architectural renderings for several proposals. Chairman Morson asked the audience for questions on this proposal. Allen and Judy Werthauser,` 2044 Patricia, stated that 7 they felt the residential area was still too close, the traffic to the neighborhood would still be heavy. They also stated that they wouldn't mind B -2 zoning with conditional uses. He asked that a list of B -3 uses be read to the audience. Mr. Kevin Frazell, City Administrator, read the list of approved uses in the B -3 zoning district. Chairman Morson asked the Werthauser's if they wanted the Super America station. Mr. and Mrs. Werthauser stated that they did not want Super America, they do not want the traffic that would generate from this proposal and they don't want the value of their property to drop. Mr. Al Price, 2106 Patricia Street, asked how much noise does the City expect the neighborhood to put up with, they have the planes and now they want to create more noise with this development. Chairman Morson stated that the City or the Commission is in favor of redeveloping this corner and that the City and the Commission are here to help in the develop - ment of the property that will be acceptable and benefi- cial to both the developer and the neighborhood. Page 7 February 28, 1989 Mr. Price asked where does the money from Tax Increment Financing come from. Mr. FraznII explained the 2nudanmotalo of Tax Increment Financing in regard to this original proposal. Mr. Tim Curley, omu of the owner of the property, wanted it noted that Tax Increment Financing was brought up by the City, not the developer, his father or himself. Mr. Duffy stated that no /a money is at risk because the devIoper will protect the 0itv/e interest with a letter of credit. Commissioner Dwyer asked when this property was added to the Tax Increment District. Mr. Frazell stated that it was added in 1985. Mr. F.D. Daniel, 2056 Timmy Street, asked what was the size of this proposed Super America. Mr. Fields stated that this Super America was 12 pumps the building square footage was 2900-3000 compared to the original proposal of 4,500 agoaro feet and that the canopy has been reduced 20 percent from the original. Mr. AIbertWertbhauser asked what was the buffer between the building and street. Mr. Duffy responded that the building to right-of-way of the street was 75-80 feet. Mr. Price stated that he felt that Lexington Avenue was not wide oouuQb to ucoomodate the existing traffic let alone the traffic generated from this proposal. A amntIemao stated that be was concerned about safety of children on Lexington Avenue uud' Trunk Highway 110. He also stated leave it zoned B-2, no filling station. Mr. James Mo8buue, 2061 Theresa Street, stated that the Commission obooId listen to tho.oitiumna of the neigh- borhood, they are the City. Chairman Mnraou again explained the roles of the Planning Commission and staff participation in this proposal. He stated that the Oommtoainu is trying to find out exactly what the neighborhood wants but baau/t / ) heard that. Page 8 February 28, 1989 Commissioner Duggan reiterated Chairman Morson's state- ment and added that the developer has the right to develop this piece of property and that the Commission is here to aid in the best interest of the developer and the neighborhood. A gentleman asked if the County has been contacted and asked to upgrade this intersection. Mr. James Danielson, Public Works Director, stated that the City has requested the County to upgrade this inter- section but T.H. 110, a state highway, is also involved and the State feels an upgrading is not warranted at this time. The City is continuing its effort to make this intersection safer. He also stated that a traffic study would not be done by the County until after de- velopment of this property. Mr. Harry Wise, 3077 Timmy Street, asked if anyone has done a traffic study on this intersection. Mr. Duffy responded that the State has done some traffic studies and that the State is the agency pushing for the frontage road because of the bottleneck at T.H. 110 and that the State will pay for the frontage road but will not pay for the right -of -way. Mr. Price asked what affect the Mendota Bridge closure will have on the development. Mr. Duffy stated that that was not a concern of the neighborhood it was his concern. Mr. Wise stated this was the neighborhood's concern and that he would like to see the City make a good invest- ment. Mr. John Nides, 2094 Patricia Street, stated that he has not heard one positive thing on this proposal, he sug- gested that the City leave the corner as it is but clean it up. Mr. Vince Anderson stated that the neighborhood is land locked. He wanted to know if there would be a bike trail or are the children going to have to walk or ride on Lexington Avenue because he is concerned for the safety of the children in the neighborhood. Chairman Morson stated that the present bike trail is on an easement given to the City by Tom Curly on a tempor- ary basis and that easement can be surrendered to Mr. Page 9 February 28, 1989 Curley on 30 days notice. He also asked if Dakota County planned on a trail in that area. Mr. Danielson stated that the City has been in contact with the County but as stated earlier the County does not agree with the City that it warrants upgrading. When it does get upgraded there will be a trail along Lexington Avenue south to Mendota Heights Road and pro- vide safer crossing at the.intersection of Lexington Avenue and Highway 110. Mr. Werthauser suggested that the City might buy the corner and turn it into a park. Commissioner Duggan again stated the position of the City and the Commission and reiterated again that the owner of the property has the right to develop his property. Mr. Werthauser agreed that the owner of the property has the right to develop the property but that it should be developed as a B -2 district and riot rezoned to B -3. Chairman Morson asked Mr. Duffy to present his other plan. Mr. Duffy presented Plan C which would not involve rezoning, it would remain B -2 with conditional use per- mits to allow the existing businesses to remain because the gas station and furniture.store are not allowed in B -2. He also mentioned Plan*B which included a separate building for the gas station. Chairman Morson asked the owners of SOS Convenience Mart what plan they liked better. They stated that they liked Plan C. They also stated that they would like to stay but that they wanted a fair price for their property, that they would take their chance on condemnation. Mr. Duffy stated that he has not had the opportunity to meet with the City since the appraisals of the property have come back. Chairman Morson asked Planner Dahlgren to address Plan C. Planner Dahlgren gave a history of the property and addressed the traffic problems, pointed out that if this I plan were accepted that the wall and trees would no longer be there, and there would be residential lots Page 10 February 28, 1989 even closer to the development. He also stated that the property will be developed now or in the future and that the neighborhood must realize that and that it can be done to the satisfaction of the developer and the neigh- borhood. He recommended that no action be taken by the Commission at this meeting and that the developer re- quest the matter to be tabled. Chairman Morson stated that a committee representing the neighborhood meet with Planner Dahlgren, City staff, and Developer to find out exactly what will be satisfactory to all parties concerned. Mr. Curley gave the history of the corner from his viewpoint. Mr. Wise felt that the development of this property should wait until after the Mendota Bridge restoration was completed. Mr. Curley stated that his business could withstand the closure of the Mendota Bridge but he did not know if the others could. Commissioner Krebsbach stated that the committee should also address the bike trail issue. Mr. Daniels asked how to proceed if it took longer to work out a solution. Chairman Morson stated that after 60 days the developer has to agree to extend. Mr. Daniels stated that he was at the hearing when Tom Curley proposed putting the wall up and that he sacri- ficed the lots to provide a screen to the neighborhood._ After considerable discussion on when a meeting between the Developer, Planner, City and neighborhood would be possible Planner Dahlgren suggested that Mr. Duffy re- quest that the decision on proposal be tabled to the next Planning Commission meeting. Mr. Duffy requested that the matter be tabled to the March Planning Commission meeting. Chairman Morson suggested that a motion be made to table the matter so that the neighborhood committee could meet after the meeting and set a definite date to meet with the developer, planner and staff. r � Bu8n 11 February 28, 1989 / Commissioner Anderson expressed his dismay that the Pluuoiu8 Commission still had not really given the de- nuIoopr or neighborhood any indication of its desires. Commissioner Krobobaob moved that the hearing be con- tinued until the next PIauuiu8 Commission meeting on March 28, 1989 and that if u decision is reached by the committee and the developer that the developer will provide the matoriuIa,�ua specified in the ordinance, so that the Commission can make a fair decision on this case. Commissioner seconded. Ayes: 5 Nays: 1 Anderson ADJOURN Commissioner Domgou moved to adjourn the meeting. Com- missioner Dwyer seconded. The meeting was adjourned at 1O:42 p.m, / \� )