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1993-01-26 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JANUARY 26, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 26, 1993, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Koll, Friel, Dwyer, Duggan and Tilsen. Commissioner Dreelan was excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Friel moved approval of the December 22, 1993 Minutes with corrections. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 ABSTAIN: 1, DUGGAN MISCELLANEOUS Chair Dwyer acknowledged a Summary of 1992 Planning Commission Activity from Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. CONTINUED HEARING: CASE NO. 92 -25: PATRICK - LOT SPLIT AND VARIANCE Mr. Steven Patrick, developer of Mendota Woods Subdivision, was present to request a variance to the City's requirement for 100 feet of frontage on a public street, lot subdivision and a wetlands permit to allow for the extension of the driveways to be within eighty feet (80') of a wetlands. Mr. Patrick explained the revised plans address the Fire Chief's request for a twenty foot (20') wide driveway and turn around. Mr. Patrick stated that Chief Maczko had indicated that a twenty foot wide driveway and turn around would be required unless the future homeowners would agree to install an automatic fire sprinkling system. In response to a question from Chair Dwyer, Mr. Patrick stated he would like to see a gravel driveway and that he will comply with the Fire Chief's request that the driveway will be capable of supporting firefighting apparatus of 22 tons. January 26, 1993 Page 2 Commissioner Duggan expressed concern with the potential loss of trees should the existing driveway be extended to twenty feet (20') in width. In response to a question from Chair Dwyer, Mr. Patrick stated the driveway slopes will be typical driveway slopes of 2 percent or 3 percent. Mr. Patrick stated he would prefer the flexibility of a fifteen foot (15') driveway width with residential automatic sprinklers or a twenty foot (20') driveway width and no requirement for an automatic sprinkler system. Commissioner Tilsen expressed his concern for the number of trees which could be lost due to the extension of the driveway width to twenty feet (20'). Commissioner Friel reiterated that Mr. Patrick is requesting a lot split - taking twenty feet from Lot 11 and adding to Outlot A; a variance for Outlot A due to the lack of adequate frontage of a public street; an easement describing the road to be fifteen feet (15 °) in width with an residential automatic sprinkler system and a thirty -three foot (33 °) radius turn around, the road to support 22 tons of fire apparatus and a wetlands permit in which the road configuration and width of road is unknown at this time. Mr. Patrick concurred with Commissioner Friel. In response to a question from Commissioner Koll, Mr. Patrick stated he does not own Outlot B and he believes the access for Outlot B would be through Lot 7. Commissioner Friel stated that an exact description of an easement is needed to approve a Wetlands Permit. Chair Dwyer opened the meeting to the public. There was no one present to discuss Mr. Patrick's request. Commissioner Friel moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that the City Council approve: 1. A lot division as proposed on Certificate of Survey dated September 8, 1992. January 26, 1993 Page 3 2. A variance to lot width requirement in the R-1 Zoning District for Outlot A. 3. A Wetlands Permit that allows the edge of the driveway to within eighty feet (80') of the wetlands subject to the provision of a minimum twenty foot (20') wide driveway access within a forty foot (40') private drive easement with a thirty-three foot (33°) turnaround constructed to handle up to 22 tons of emergency equipment with the developer to decide the type of material used for the driveway with a proviso that if both houses have residential automatic sprinkler systems installed, the driveway width may be reduced to fifteen feet (15'). Commissioner Duggan seconded the motion. Commissioner Friel stated that a hardship could be determined based on the fact that the original intent for Outlot A. was to be used for multi-family. AYES: 5 NAYS: 0 CONTINUED HEARING: CASE NO. 92-37: VOLLEYBALL INSTITUTE OF MINNESOTA - CONDITIONAL USE PERMIT Chair Dwyer explained that the Volleyball Institute of Minnesota was present at the Planning Commission's December meeting requesting a Conditional Use Permit to install an indoor volleyball facility in the west end of the R.L. Johnson warehouse located at 2444 Enterprise Drive. Mr. Ted Flerner, representing the Volleyball Institute of Minnesota (VIM), was present along with other representatives, to discuss their revised plans and letter of intent. He explained that as per direction from the Planning Commission in December, the VIM met with City staff to discuss their plans for the indoor volleyball facility. He further explained the Fire Marshal, Code Enforcement, Recreation, Engineering and Police Departments reviewed their plans and he feels the VIM has now a complete submittal for review by the Planning Commission. In response to a question from Commissioner Tilsen, Mr. David Constable, Architect for R.L. Johnson, explained the ventilation requirement for this facility is 15 cubic feet per minute for each person. He stated the existing ventilation January 26, 1993 Page 4 system fulfills the State's mechanical requirement for ventilation. Mr. Constable further stated the facility will not be air conditioned. As requested by Commissioner Koll, Mr. Mark Kaschke, Executive Director of VIM, reviewed several items of concern as expressed by the Code Enforcement Officer and Fire Marshal regarding occupancy classification of the volleyball facility and adjacent space, exit design, the need for lighting and ventilation, fixed seating, compliance with State Disability Codes, changes in automatic sprinkler heads and the placement of guards on the sprinkler heads around the volleyball courts, emergency lighting. In response to a question from Commissioner Duggan, Mr. Kaschke stated there will be no bleachers. He stated there will be chairs available. He further stated that bleachers could be provided eventually. In response to a question from Commissioner Duggan, Mr. Constable stated there will be three exits and that one exit will be shared with the other tenant in the building. Mr. Constable explained the VIM will be using a netting system to keep players and balls from leaving their area. He stated they will comply with all safety and exit code requirements as directed by the City. Mr. Constable further explained the existing interior lighting will be augmented to a minimum of 28 candle feet. He stated the ceiling would not be changed due to the increased lighting. Mr. Kaschke reviewed the proposed landscape plan and stated that dwarf amur maples would be used along the western property lines in order to not impact the sewer easement. Mr. Kaschke explained that the VIM is requesting permission to increase the existing parking area to the south of the building after the Spring thaw. Commissioner Duggan stated he had spoken with a manager of Bachman's, the other tenant in the warehouse, who stated he is short of parking. He stated that the plans submitted show the parking lot to be extended opposite of the Bachman's bay space. Commissioner Duggan noted his concerns for safety, slopes and turnaround traffic as there is not a lot of space available. Mr. Constable responded that they are proposing a Day /Night parking use. Mr. Kaschke stated there will be minimal open play during the day and that team playing will most likely occur after 6:00 P.M. January 26, 1993 Page 5 Commissioner Duggan noted that Bachman's indicated their busy season is from September through January and that their open until around 5:00 P.M. He further stated that Bachman's has a motion sensor and he inquired if that would be a problem with the amount of activity generated by the VIM next door. Commissioner Friel stated his concern that spectator use will increase and that bathroom, seating, exits and parking spaces will not be adequate. Mr. Kaschke briefly explained the number of players on a volleyball team and that most people carpool to the games. He stated the parking lot will be used at a minimum. Administrative Assistant Batchelder explained staff relied on Section 21.1(4)t within the Zoning Ordinance to compute the number of parking spaces needed. Mr. Constable stated that 89 additional parking spaces are needed. Mr. Kaschke stated he does not expect the amount of participants and spectators to be over 300 people. Commissioner Friel inquired if the internal facilities will accommodate maximum crowd conditions. Mr. Constable stated the calculations were based on 200 people. Commissioner Tilsen inquired if VIM will accept posting the facility at a maximum of 200 people as condition to the recommended approval. Mr. Kaschke responded they would have no problem with the condition. In response to several questions from Commissioner Koll, Mr. Constable briefly explained the proposed grading of the parking lot. Public Works Director Danielson stated the Engineering Department has reviewed the plans and finds them to be acceptable. Mr. Constable further explained there will be two signs, one on the door of the facility and one that has been in existence which meets all City codes and United Properties' Business Park Sign Policy. Mr. Constable stated there are three existing parking lot lights located in the south parking lot. He stated the parking lots are adequately lit. Commissioner Koll inquired if signage is needed for parking, pedestrian travel, etc. In response to a question from Commissioner Tilsen, Mr. Kaschke stated they are not considering any other use in the facility other than volleyball. Chair Dwyer opened the meeting to the public. There was no one present to discuss the request for the Conditional Use Permit. January 26, 1993 Page 6 Commissioner Koll moved to close the public hearing. Commissioner Friel seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel moved to recommend that City Council approve a Conditional Use Permit for Participative Athletics as proposed in the revised Letter of Intent with attached drawings dated January 18, 1993 with the following conditions: 1. That the occupancy be limited to a maximum of 200 people and that any greater occupancy requires an Amendment to the Conditional Use Permit. 2. That proper traffic circulation signage be installed. AYES: 5 NAYS: 0 Chair Dwyer called a recess at 9:25 o'clock P.M. Chair Dwyer reconvened the meeting at 9:30 o'clock P.M. CASE NO. 93 -01: BUFFIE - VARIANCE Mr. Randall Buffie, representing Robert and Mary Mersky of 1758 Sutton Lane, presented their request for a variance to the front yard setback. Mr. Buffie briefly explained the proposed project is an addition to the rear, south side yard and front of the Mersky home. Mr. Buffie explained the proposed changes include many features such as a new laundry room, additional kitchen area, a solarium, conversation room and changes to the foyer. He further explained that the exterior will also receive significant improvements including a veranda, a new front entrance and an entry canopy. Mr. Buffie stated that while the Mersky's are enhancing their home, they are also keeping in character with their surroundings. Mr. Buffie commented that the Planner recommends that the Mersky's replace the existing tree located in the south west area of their front yard. Mr. Buffie stated the Mersky's, in comparison to their surroundings, have significant landscaping on their property. He stated that four overstory trees will remain in the front yard. He further stated the Mersky's January 26, 1993 Page 7 would prefer that they not be required to replace the one tree as there is a significant amount of landscaping on their property. Commissioner Tilsen stated that the proposed addition seems to be a significant enhancement to the Mersky's home and neighborhood, but that he does not feel a hardship has been proven. Commissioner Friel concurred and stated that the City's Zoning Ordinance does not define an enhancement to a home as a hardship. Commissioner Koll stated she talked to several residents within the community. She stated the comments .from the residents were positive. She stated the enhancement would'be a great improvement to the community. Chair Dwyer stated that signatures of consent had been obtained by the Mersky's. Commissioner Koll moved to waive the public hearing. Chair Dwyer seconded the motion. AYES: 5 NAYS: 0 Commissioner Koll moved to recommend that City Council approve a four foot (4') front yard setback variance to allow the proposed addition with no conditions. Commissioner Duggan seconded the motion. AYES: 3 NAYS: 2, FRIEL, TILSEN Commissioner Friel stated the proposed improvements are nice and that the enhancements can be built without a variance. HEARING: CASE NO. 93-02: TURNER'S GYMNASTICS CENTER - SIGN SIZE VARIANCE Mr. Cliff Aichinger, Treasurer of Turner's Gymnastics Center, was present to request a variance to the Sign Ordinance, to allow a 100 square foot temporary sign. Mr. Aichinger explained that additional signage is needed to help advertise their center. He stated the signage needs to be large enough so it is readable from the highway. He stated they intend to put the banner up no more than four times per year, two to three weeks a time. He stated the sign is a heavy duty material with two colors. January 26, 1993 Page 8 Commissioner Tilsen noted that banner signs tend to become shabby after a while and he noted that the Subway sign became a real eye sore. Mr. Aichinger responded that Turner's has done surveys where people have indicated that banner signs are effective. He stated they do not intend on keeping the sign up permanently as they feel it detracts from the building. In response to a question from Commissioner Tilsen, Administrative Assistant Batchelder explained the Planning Commission has two different options to consider: 1. Consider the sign as a temporary sign (21.5(5)); or 2. Consider the sign as a permanent sign. Batchelder stated that within this zoning district, no sign is allowed over fifty (50') square feet. Commissioner Duggan stated he has no problem with the banner sign as the building is large. Commissioner Friel stated no hardship has been proven and that the Commission should reduce proliferation of signs in the community. In response to a question from Commissioner Koll, Mr. Aichinger stated it takes two to three people to mount the sign. Commissioner Koll stated that once the gymnastics center has a solid base, a temporary sign would no longer be needed. Commissioner Tilsen stated that the a maximum allowed aggregate signage would be 369 square feet. He stated that a compromise would be to allow a temporary sign and a permanent sign totalling 219 square feet maximum. He further suggested that Turner's submit a schedule of signage times to the City on an annual basis. The Planning Commission briefly discussed their concerns for setting precedent in recommending approval of the requested sign size variance. Chair Dwyer opened the meeting to the public. There was no one present to discuss the request for a sign size variance. Chair Dwyer moved to close the hearing. Commissioner Koll seconded the motion. January 26, 1993 Page 9 AYES: 5 NAYS: 0 Commissioner Koll moved to recommend that City Council approve a seventy -five (75) square foot temporary sign size variance with the following conditions: 1. That there be an annual review by the Planning Commission with no application costs. 2. That the Turner's Gymnastics Center submit a schedule of sign usage on an annual basis with placement duration not to exceed a total of three months per year. 3. That the sign be kept in good repair. 4. That the allowable aggregate signage be 219 square feet during the duration of the banner sign. Commissioner Duggan seconded the motion. AYES: 3 NAYS: 2, FRIEL, TILSEN Commissioner Friel stated that he is opposed to the sign size variance based on the potential precedence of this variance. MISCELLANEOUS STORM WATER COMPREHENSIVE PLAN AMENDMENT Assistant City Engineer Klayton Eckies was present to discuss setting a public hearing to revise the City's Comprehensive Plan to meet Metropolitan Council requirements regarding the environment. Eckies explained there are three issues that the Metropolitan Council wants all Cities to address: special storm pond design standards, erosion control on all new developments and new shoreland standards. Engineer Eckies stated that Met Council's strategy is to reduce nonpoint source pollution. Engineer Eckies explained the Met Council wants all new storm water ponds to be designed to National Urban Runoff Program Standards (NURP). He further explained the Met Council wants all developers to use the Use of Best Management Practices (BMP) for erosion control. Eckies explained that the City already requires developers to control erosion but not to the extent as the Met Council requires. He explained that the Met Council wants to see Cities revise existing shoreland January 26, 1993 Page 10 regulations according to the schedule set by the Department of Natural Resources. Commissioner Friel stated that these requirements should be incorporated into the Zoning Ordinance. Engineer Eckies stated that the Planning Commission and City Council have relied on staff to review grading plans and erosion plans in the past and that staff has already begun implementing Met Council's requirements. Commissioner Friel moved to recommend that City Council incorporate reference to Met Council's guidelines into the City's Zoning Ordinance. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 0 Commissioner Friel stated that having the guidelines referenced in the City's Zoning Ordinance will give the City better mechanism to enforcement. Commissioner Duggan moved to recommend that City Council set a public hearing on revision of the Comprehensive Plan to meet Metropolitan Council requirements for the Planning Commission's regular meeting on February 23, 1993 at 7:30 o'clock P.M. Commissioner Friel seconded the motion. AYES: 5 NAYS: 0 VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 10:55 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary