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1995-02-28 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION FEBRUARY 28, 1995 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 28, 1995, 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, Betlej, Dwyer, Lorberbaum, Duggan and Tilsen. 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 Duggan moved approval of the January 28, 1995, minutes with corrections. Commissioner Friel seconded the motion. ELECTION OF OFFICERS Chair Dwyer explained that each year, the Commission elects from its membership a Chairperson and Vice Chairperson. Commissioner Friel moved to nominated Commissioner Dwyer as Chairperson of the Planning Commission for the year 1995. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to nominate Commissioner Duggan as Vice Chairperson of the Planning Commission for the year 1995. Chair Dwyer seconded the motion. AYES: 7 NAYS: 0 CONTINUED HEARING: CASE NO. 94-36: SALMEN - SUBDIVISION/LOT SPLIT AND VARIANCE TO LOT FRONTAGE As per the applicant's request, Commissioner Duggan moved to continue the Salmen request for Subdivision/Lot Split and Variant to Lot Frontage to May 23, 1995 at 7:45 o'clock P.M. Commissioner Friel seconded the motion. Planning Commission February 28, 1995 Page 2 AYES: 7 NAYS: 0 DISCUSS TREE PRESERVATION ORDINANCE Chair Dwyer stated that it is the Commission's goal to protect existing trees in the City. He stated that the Commission is trying to establish a balance between protecting trees in undeveloped areas while not dictating what a homeowner can or cannot choose to do on his/her property. Chair Dwyer stated that Planner Uban's draft ordinance has been written based on the Planning Commissions last workshop and City staff research. He further stated that the Commission is concerned about creating an ordinance which would necessitate more staffing to enforce and would impact the City's budget. Chair Dwyer suggested that a sub-committee be formed to further research the various concepts as prepared by Planner Uban. Commissioner Duggan stated that the requirement, under PERMIT APPLICATION of the draft ordinance, of requesting a homeowner to submit a topographic map to the City should be eliminated as the City should be able to provide this information directly to the homeowner at no charge. Public Works Director Danielson stated that the City does not have topographic maps at a 50 foot scale. He stated the City could accommodate the homeowner. Commissioner Friel suggested that residential lots of less than on acre should be exempted from the PERMIT APPLICATION - topographic map requirement. Commissioner Friel submitted a re-draft of Planner Uban's Tree Preservation Ordinance with deletions and additions to the draft Ordinance for Planning Commission discussion. Commissioner Duggan provided the Planning Commission with an example of a 24" diameter vinyl circle which represents a 24" tree trunk. Commissioner Friel stated that property owners are allowed to cut down trees under 24" except if they are designated a Landmark or Significant tree. In response to a question from Commissioner Duggan, Commissioner Friel explained that a Significant tree is any deciduous or coniferous tree or tree form (except elm, will, box elder and aspen) measuring 6 inches in diameter or greater and that a Landmark tree is a tree or tree stands as designated by the City. Planning Commission February 28, 1995 Page 3 Planner Uban stated that the City has not designated any trees as Landmark. He stated that with the new Tree Preservation Ordinance, the City would be given the opportunity to designate Landmark trees. Planner Uban stated that the purpose of the ordinance is to allow property owners the flexibility in maintaining their property as they see fit. He stated the only restriction placed on a property owner is that a tree 24" and over cannot be removed without obtaining a permit. Commissioner Betlej noted his concerns for property owners clear cutting their property prior to application for a subdivision. He cited the Garron property as an example of clear cutting. Commissioner Duggan stated that the Subdivision Ordinance places restrictions on property owners. Commissioner Friel stated that with this proposed ordinance, a developer will be subject to tree replacement requirements. Commissioner Friel stated that within his revised draft tree preservation ordinance he made several changes and additions. He stated that Number 2 of Restrictions was cumbersome and that he changed it to "On residential lots of one acre or more, any trees that have an aggregate diameter of 32 inches or less but such measurement must exclude all trees having a diameter of 12 inches ore more, Significant Trees and Landmark Trees. Friel further added Zoning Districts MR-PUD, HR-PUD and LR-PUD to Item C of Restrictions. Commissioner Friel suggested that the City consider adopting a tree removal moratorium pending the adoption of a Tree Preservation Ordinance. He submitted an example of a Tree Moratorium Ordinance for Commission review. The Commission discussed the process of a moratorium. Commissioner Duggan stated that the purpose of this moratorium is to preserve trees while the City is considering the adoption of a tree preservation ordinance. He stated it is not the City's intention to prevent development. Commissioner Tilsen suggested that the Permit Application process should require a registered landscape architect to prepare regrading, drainage and planting plans (Section D, #5). He stated this Section should state "Regrading and Drainage and planting plans prepared by a registered landscape architect". Planning Commission February 28, 1995 Page 4 Commissioner Duggan inquired if the Permit Application Section F regarding who can prepare a tree inventory should include "qualified property owners". He stated some property owners are qualified to prepare their own tree inventory plan. Planner Uban stated that this Section specifically requires registered land surveyors, landscape architect and foresters to prepare tree inventory plans because these plans require an accurate location of property dimensions. He further stated that this Section is specifically regulating developers. Commissioner Friel suggested that this Section be renumbered. Commissioner Tilsen suggested that the definition of Root Zone of a Tree be changed to "An area under and around the tree which is equal to the radius times 1 1/2 feet for each inch of the trunk diameter". Chair Dwyer stated that there may be tremendous administrative costs involved in creating this ordinance. The Commission discussed types of injuries to trees, such as mechanical and physical. The Commission redefined Tree Trunk. The suggested definition to be: "The stem portion of a tree from the ground to the first major branch thereof". The Commission agreed to Commissioner Friel's suggestion of including a Tree Preservation District within the ordinance. As part of the Restrictions section of the ordinance, the Commission agreed to remove "Significant Trees" from items a(1) and a(2). Commissioner Duggan inquired if the Commission should consider downsizing the diameter of a tree. Commissioner Tilsen inquired if the City should be more restrictive in the Critical Area District. He stated that the City should encourage proper forestation techniques. Regarding Conditions of Tree Removal, Planner Uban cautioned the Commission to not control the ecology of natural plant life through this ordinance. As a part of the Restrictions section of the ordinance, the Commission agreed to remove "privately-owned" from Item a's title. The revised title should be "Tree Preservation on Residential Developed Land". The Commission agreed to include the following in Section a(2) of Restrictions: "On residential lots of one acre or more, in any three year period, any trees that have an aggregate diameter of 32 inches or less but such measurement must Planning Commission February 28, 1995 Page 5 exclude all trees having a diameter of 12 inches or more, and Landmark Trees. The Commission further felt that new property owners should be informed of this information. Commissioner Duggan inquired if the City could inform new residents via the City's newsletter. As per Commissioner Betlej's concern for undeveloped residential lots not being protected from developers clear cutting the lots, the Commission included as part of the Restrictions Section, Item C "Tree Preservation in Commercial and Industrial Areas and Undeveloped Residential New Lots and New Subdivisions. Regarding the Permit Application process, Commissioner Tilsen suggested that residential lots of less than one acre should not be required to submit a topographic map. Commissioner Tilsen suggested that a regrading,drainage and planting plan be prepared by a registered landscape architect. Commissioner Tilsen stated that applicants should be required to show cross sections of views on these maps. Commissioner Tilsen noted his concern for the Critical Area District. Administrative Assistant Batchelder explained that the Critical Area Ordinance already restricts this type of clearing along the bluffline. Regarding Permit Fees, the Commission was of the consensus to not include any information in refunding permits fees should a permit be denied. The Commission felt that this opportunity should be based on Council decision only. Regarding Conditions of Tree Removal. The Commission discussed replacement of trees and how to include varieties not mentioned within the specific table of species within the ordinance. Commissioner Duggan inquired if special consideration could be given to property owners operating trees farms and orchards. The Commission was of the consensus to add the following information as underlined: "Replacement Trees shall be of species similar to the trees which are lost or removed and shall include a variety of those species shown on the following table, or other varieties shown to be hardy and suitable for City conditions. Special consideration will be given to those operating tree farms, orchards and nurseries. Commissioner Lorberbaum stated that a longer time period in allowing replacement trees should be considered. The Commission was of the consensus to increase the months from 12 to 15. The Time to Perform requirement read as follows: "Replacement Trees shall be planted within 15 months from the date of issuance of the permit". Planning Commission February 28, 1995 Page 6 Commissioner Koll stated that the Commission should not draft an ordinance which is difficult to interpret. She further stated the Commission should be careful in not raising costs administratively. Chair Dwyer directed City staff to prepare information regarding possible increases in administrative costs with the enforcement of this ordinance. Planner Uban stated that he would contact the City of Eden Prairie and inquire about their administrative expenses. Commissioner Duggan moved to recommend that the City Council review the draft tree preservation ordinance and then direct the Planning Commission to conduct a public hearing on March 28, 1995. He further recommended that the City Council consider adopting a tree removal moratorium. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Chair Dwyer called a recess at 9:23 o'clock P.M. Chair Dwyer reconvened the meeting at 9:30 o'clock P.M. DISCUSS ATHLETIC STADIUM ORDINANCE Chair Dwyer explained that the City Council directed the Commission to look at the issue of Athletic Stadiums in Residential Districts. He explained that Ordinance language was presented at the Commission's January 24, 1995 meeting and that since that meeting, Planner Uban has added additional information on language, including a definition of Athletic Stadium and a reference to MPCA noise standards. The Planning Commission discussed the definition of Athletic Stadiums. The Commission discussed what constitutes a minimum capacity of spectators to qualify as a stadium. The Commission further discussed including artificial lighting in defining a stadium. Commissioner Friel presented the Commission with a revised definition of an Athletic Stadium. Commissioner Friel suggested that a Stadium is an outdoor facility associated with a school, institution or commercial enterprise. Commissioner Duggan inquired if permanent seating should be included within the ordinance. Commissioner Tilsen stated that seating capacity should be included within the ordinance. Planning Commission February 28, 1995 Page 7 Chair Dwyer stated that the Planning Commission is concerned with potential implications on existing residential areas with traffic flow impacts, noise and lights. A brief discussion ensued with respect to decreasing the minimum number of spectators the stadium can accommodate. It was suggested that a minimum of 500 spectators is acceptable as opposed to 1000. The Commission discussed the location of stadiums and parking areas on thoroughfares. Planner Uban stated that the purpose of locating parking lots on thoroughfares is to give direct access to a facility and to help maintain the aesthetics of the area. Commissioner Tilsen inquired about the hours of operation, of lighting the facility, after an event. Commissioner Friel introduced an additional item regarding yearly license requirements. Friel suggested that "the application for the yearly lighting license shall be submitted not later than July 1 in each year on forms provided by the City and in addition to demonstrating compliance with the foregoing standards shall set forth with particularly the dates, times, hours of operations and nature of all events during the ensuing year (October 1 to October 1) for which it is proposed to use lighting or the public address system. The application shall be placed on the Council agenda for consideration not later than the first Council meeting in August or it may be referred to the Planning Commission on or before that date for consideration and recommendation to the City Council so that the Council can give consideration to the application not later than its first meeting in September". Commissioner Friel stated that a need for a process in controlling renewal of licenses and a facilities' use is necessary as the City needs to verify compliance with the initial Conditional Use Permit. The Commission agreed to add "or approved substitute" to the Fencing requirement under Section 21.6(8). The Commission agreed to add "Such conditions may be imposed at the time that a yearly license is renewed" to Section 21.6(9). Commissioner Duggan moved to recommend that the City Council review the proposed ordinance amendment and then to direct the Planning Commission to conduct a public hearing on March 28, 1995. Commissioner Lorberbaum seconded the motion. Planning Commission February 28, 1995 Page 8 AYES: 7 NAYS: 0 DISCUSS ZONING ORDINANCE AMENDMENT REGARDING BUILDING CONSTRUCTION REQUIREMENTS IN INDUSTRIAL AND BUSINESS ZONES Planner Uban explained that Fire Marshal Paul Kaiser has been concerned about the type of wood construction that has taken place with the Heritage Inn and Courtyard by Marriott. He stated that these materials are built out of Type V materials which is primarily wood construction and even with sprinkling, present more fire hazard than steel and concrete or masonry construction. Uban stated that other industrial and business buildings built by United Properties have been built with Type III construction that uses steel or reinforced concrete. Planner Uban stated that Fire Marshal Kaiser is proposing, to assure future buildings are built to fire safety standards more applicable to the desires of the City's Fire Department, an amendment to the City's General Performance Section of the City Zoning Ordinance. Planner Uban explained that the City of Bloomington has a similar phrasing in their Zoning Ordinance to control building types within certain zones. Commissioner Friel stated that it is not the function of the Planning Commission to review building construction plans. He stated that it is the function of the City Council. Chair Dwyer stated that Fire Marshal Kaiser raises some good issues and that the Planning Commission and City Council should consider this amendment. Chair Dwyer reviewed a letter submitted from Mr. Dale Glowa, of United Properties, noting their concern in amending the Zoning Ordinance. Dwyer explained that United Properties' concern is that the City is unnecessarily impacting the Mendota Heights Business Park sites that are likely to be developed with commercial properties. Dwyer stated that Mr. Glowa informs the City that this amendment may limit United Properties' ability to market land and attract desirable businesses to Mendota Heights. Commissioner Friel stated that he is not impressed with United Properties' position in assuming less safe property is more marketable. Commissioner Duggan stated that he would like to have additional information on Type III construction verses Type V construction. Chair Dwyer stated that the Commission should invite Fire Marshal Kaiser and Mr. Glowa to their March 28 meeting to review this proposed amendment. Planning Commission February 28, 1995 Page 9 Commissioner Tilsen stated that other issues should be reviewed as the amendment may need to be more extensive. Commissioner Betlej stated that most fire safety issues are as a result of a building being more than one story. He suggested that the amendment include "a building in excess of one story be constructed with steel and reinforced concrete". Planner Uban stated that Type III construction are buildings constructed with steel and/or masonry exteriors with wood interior. He stated the City should be aware that placing these restrictions on a developer means the buildings will be more expensive to construct. Commissioner Friel moved to recommend that the City Council review the draft ordinance amendment and direct the Planning Commission to conduct a public hearing on March 28, 1995. He further directed staff to invite Fire Marshal Kaiser and Mr. Glowa to this hearing for formal discussion. Commissioner Tilsen seconded the motion. AYES: 7 NAYS: 0 MISCELLANEOUS Commissioner Duggan suggested he work with City staff in their efforts to find an alternate solution to the placement of a sign at Dr. Lee's dental office, 780 South Plaza Drive. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 10:45 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary