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1995-05-23 Planning Comm MinutesPLANNING COMMISSION MAY 23, 1995 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 23, 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: Dwyer, Koll, Friel, Betlej, 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. Commissioner Duggan moved approval of the April 25, 1995 minutes with corrections. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1, BETLI •- HEARING: CASE NO. 94-36- SALMEN- Chair Dwyer briefly explained that Mr. Robert Salmen, of 1694 Dodd Road, was before the Planning Commission in November requesting a subdivision/lot split and variance to lot frontage. He explained that at that meeting, the Planning Commission expressed a number of concerns regarding public streets and utilities and the details that are attendant with the public vs. private street debate. Dwyer explained that the Planning Commission continued this hearing to the Planning Commission's January meeting in order to provide Mr. Salmen time to clarify issues related to public streets, emergency vehicle access requirements, utility easements and house location. Chair Dwyer explained that at their January meeting, the Commission was 1 informed that Mr. Salmen had suffered health problems and that Mr. Salmen requested that the hearing be continued to their May meeting. Chair Dwyer explained that the City has not received a reply from Mr. Salmen. Administrative Assistant Batchelder informed the Commission that he had spoke with Mr. Salmen today and that Mr. Salmen is requesting that the Planning Commission continue the public hearing to August 22, 1995. Commissioner Friel moved to continue the public hearing to August 22, 1995. Commissioner Duggan offered a friendly amendment stating that no hearing be conducted unless the following five conditions are met by the applicant: 1 That easements be required for all utilities including a ten foot public access and utility corridor along the southern property line for both the existing lot and the lot proposed to be subdivided. 2. Private easements should be amended to incorporate and coordinate snow plowing, rights of access by a fourth lot, and future conversion to public right-of-way for the fifty foot access strip. 3. That an appropriate turn around be designed and included on the proposed subdivision plans with the provision of an easement of the same dimension as a public cul-de-sac at the end of the private road. This private easement may have to include the Boyte property as well. 4. Confirm with the Fire Department that absolute minimum requirements for safe access, grade of street, all weather surface, width of street section and dimensions of an adequate turnaround for emergency vehicles. 5. Inclusion of a building pad on the proposed new lot that demonstrates grading changes and impact on the wooded characteristics of the lot. Commissioner Friel accepted the friendly amendment. Commissioner Duggan seconded the motion. uakm K Chair Dwyer directed staff to inform Mr. Salmen of the Planning Commission's continuance with conditions. Administrative Assistant Batchelder informed Chair Dwyer that staff would notify Mr. Salmen. 101, 1 i 0 11 k 1 0 A 611WOMIAN16 , : Chair Dwyer informed the Commission that City Attorney Tom Hart, Commissioner Friel and himself met on Monday morning to discuss specific ordinance language reflecting concerns of the Commission and area schools regarding location, noise, lighting, etc. of athletic stadiums. Chair Dwyer explained that the subcommittee came up with an alternative ordinance language and that Attorney Hart would prepare this information for Planning Commission review in June. HEARING: CASE NO. Chair Dwyer explained that Mr. Lawrence King, of 5 Beebe Avenue, was before the City Council on May 1, 1995, requesting renewal of his Conditional Use Permit and variances because he had not built his garage after receiving approval from the City in 1991. The City Council directed Mr. King to appear before the Planning Commission because the Conditional Use Permit and Rear Yard Setback Variance and Accessory Structure Height Variance had expired. Mr. King explained that he is proposing to extend his garage three feet towards Ashley Lane and that he intends to add a second story to the garage. He explained that his garage was built in 1939 and that it is very small. He stated that certain models of vehicles do not fit in the garage and that it does not have adequate storage space. He stated that his hardship is that his garage is set into his yard on three sides. He stated that the only other alternative would be to demolish the garage and excavate the rear yard.. Commissioner Tilsen inquired how far the garage extension will be from the property line. Mr. King responded 12'9". He further stated that a side yard setback variance is also necessary. Commissioner Tilsen inquired if Mr. King is looking for a two foot variance. Tilsen also inquired if the garage will be attached to the house and if any trees will be lost. Mr. King 3 responded that no trees will be lost. He explained that there is one diseased tree which will probably be removed. Commissioner Duggan noted that with the elimination of the diseased tree, poor visibility will be corrected. In response to a question from Commissioner Tilsen, Mr. King explained that he will be improving the drainage. He explained that currently, there is a water spout which flows onto the sidewalk which creates ice during the winter time. He stated that this is a very hazardous situation. He explained that the spout will be moved to run towards the house and away from the sidewalk. In response to a question from Commissioner Duggan, Mr. King explained that there is not a neighborhood drainage problem. He explained that the improvements to the current drainage problem are motivated largely because of the poor drainage along the steps and sidewalk. Commissioner Tilsen inquired of the side yard setback distance. Planner Uban stated that the existing structure is approximately less than ten feet. He stated that he did not have accurate plans. Commissioner Duggan inquired of elevation changes. Mr. King responded, with respect to the main structure, the existing elevations will remain. Commissioner Duggan reiterated that the diseased tree should be either trimmed or removed to improve visibility. He further stated that raising the roof should not be a problem. Commissioner Lorberbaum inquired, as per the Planner's Report, if the trees will be affected by the proposed structure. Mr. King responded no and that the branches will be trimmed. He informed the Commission that he is aware of the tree root line and that he knows how to protect the trees during construction, as he has a forestry background.. Commissioner Betlej inquired of building material type. Mr. King stated that the material will match the existing material. He explained that currently, the roof material does not match and that with the addition of the second story, the entire roof will now be cedar. Commissioner Betlej stated that by constructing the addition, there will not be an increase in impervious surface. Commissioner Friel stated that Mr. King is presenting the same proposal from 1991 and that there now have been changes in the City's ordinance requirements with regard to accessory structures and side yard setback requirements. In response to a question from Commissioner Koll regarding if the original Conditional Use Permit has expired, Chair Dwyer responded yes. Commissioner Koll stated that the proposal is an improvement to Mr. King's property. She further stated that she feels the height of the structure is not a problem if appropriate landscaping is used. She stated greenery will help cut the height of the structure. Chair Dwyer opened the meeting to the public. There was no one present to discuss this matter. Commissioner Duggan moved to close the public hearing. Commissioner Betlej seconded the motion. Chair Dwyer noted that in 1991, the City Council required that Mr. King submit a drainage plan. He stated that Mr. King should now modify his drawings to show how the drainage will runoff with the new modifications to the downspout and gutters. Chair Dwyer inquired how much dirt will be moved. Mr. King stated that he has not calculated how much fill will be brought in and that he would have that information available for City Council review. Chair Dwyer inquired about a landscape plan. Mr. King stated that a retaining wall be installed and that ornamental plantings will be installed along the border of the wall. He stated the wall will be six feet high. Planner Uban stated that the height of the proposed retaining wall is a code and safety issue. He stated that a fence could be installed on top so that children do not fall. He further agreed that shrubs should be installed to help break up the structure. Commissioner Friel stated that Mr. King has not proven hardship. Commissioner Duggan stated that the size of the existing garage is not suitable for the current ordinances. He further stated that there are slippery and dangerous conditions during the winter time. Commissioner Friel still questioned hardship. Commissioner Koll stated that the garage was constructed in 1939 and that Mr. King has no choice but to extend his garage. Commissioner Friel responded that Planner Uban suggested that Mr. King could demolish the structure and re -excavate. He stated that this may be economically difficult, nevertheless, it can be done. Commissioner 9 Duggan stated that this suggestion would cause tree loss. Commissioner Duggan inquired how visitors will park. Mr. King stated that a circular driveway will be constructed at the front of the home which will alleviate street parking. He stated there will no longer be an entrance from the rear of the house. He stated that his contractor will work the City's Engineering Department to determine proper elevation of the driveway. Commissioner Duggan stated that excavating towards the house is not a wise idea and that adding another garage is a silly idea. He stated that attaching a garage does not make sense. Commissioner Friel stated that demolishing the garage and re -excavating is expensive and that it avoids setback variances. He stated that this process would also do away with an undersized garage. Commissioner Koll moved to recommend that the City Council grant a 22 square foot variance to garage size, a 2' side yard setback, a 2' height variance and 17'3" front yard setback variance. Commissioner Duggan seconded the motion and stated that the current City Councilmembers approved this request four years ago. AYES: 5 NAYS: 2, LORBERBAUM, FRIEL CONTINUED HEARING: CASE NO. 95-05: THARALDSON ENTERPRISES - (HERITAGE INN) - CUP FOR RESTAURANT Chair Dwyer introduced this request by explaining that representatives from the Heritage Inn, located at 1330 Northland Drive, were present at the April Planning Commission meeting requesting a Conditional Use Permit which would allow the Heritage Inn to operate a public restaurant in the Industrial District. He explained that the Planning Commission continued the hearing to its May meeting to allow representatives from the Heritage Inn to submit information on parking and restaurant floor plans. Chair Dwyer explained that 143 stalls are needed if both the hotel and restaurant are used for public use. He stated 73 stalls exists and that Tharaldson Enterprises has submitted 44 proposed parking stalls as proof of parking. He stated that there is a total of 117 stalls and that 26 stalls are still needed. He stated that according to Tharaldson, the restaurant L1.1 proposes to seat 66 people. Chair Dwyer stated that there are a number of issues which greatly concern him: 1 According to the original Tharaldson proposal for the hotel, no restaurant was proposed, although one was built. 2. As built plans, as required by the City's Code Enforcement Department, were not provided. 3. A liquor license is now being requested. He stated that in April, the Planning Commission was informed that a liquor license was not going to be requested. Mr. Keith Gartland, Manager of the Heritage Inn, informed the Commission that he has brought the as built plans and he provided them to staff. Chair Dwyer informed Mr. Gartland that what was constructed is different than what was originally proposed to the City. Mr. Ken Scheel, Tharaldson Enterprises, explained that the in house plumbing changes regarding venting are minor. He further stated that the Code Enforcement Department was aware that the restaurant was to be constructed. Chair Dwyer responded that the City was told that a continental breakfast was to be served in this hotel with additional food being catered in to the facility. He stated that no restaurant was planned. Mr. Scheel responded that the City's Code Enforcement Department was aware of the restaurant. Commissioner Duggan informed Mr. Scheel that serving liquor in an establishment which is privately used by pilots is not a good idea. In response to parking concerns raised by the Commission, Mr. Scheel stated that the parking study provided to the City a couple of years ago indicated that even at 100 percent occupancy, parking is sufficient as most of the people using the Inn are bused in. He stated that normally 30 to 40 spaces are occupied and that parking will not be a problem. He stated that there is not enough property for all required spaces as per the City's Zoning Ordinance. Commissioner Friel stated that the City was informed that there would be no liquor served at this establishment two years ago. He further stated that at the April meeting, Mr. Gartland informed the Commission that they would FA not be requesting a liquor license. Chair Dwyer stated that minutes from the last meeting should be reviewed. Mr. Gartland stated that they intend on serving only beer and wine. He stated that consumption will be at the facility. He stated that not serving liquor, guests will not be traveling from the hotel to consume alcohol. Chair Dwyer stated that there will still be traveling with the limited liquor license. Mr. Gartland responded yes and that it cannot be eliminated. Commissioner Friel moved to continue the public hearing which would allow the applicant to submit additional information. Commissioner Duggan seconded the motion. Commissioner Duggan inquired if the restaurant will be open for public use. He stated he would like this confirmed. He further inquired if the restaurant will be open for one meal. He further stated that signage has not been requested. He inquired what the policy is on public use of a restaurant. He stated that traffic/parking studies should be resubmitted. He stated that he still needs to be convinced that stalls are not necessary. He stated that if the restaurant is successful, more parking stalls will be needed. Commissioner Tilsen suggested that the number of seats in the restaurant could be eliminated which would reduce the number of parking stalls required. Commissioner Lorberbaurn stated that she visited the site and that food was available at 2:40 p.m. (buffet style). She stated that the box lunches were not refrigerated. Commissioner Betlej inquired if there is undeveloped property adjacent to the hotel. Mr. Scheel responded yes. He explained that the lot adjacent to the hotel is five feet higher than the Heritage Inn property. He stated that ADA requirements call for the availability of ramps along with stairs. He stated that due to the higher elevation of the adjacent land, it is impossible to construct a ramp. Commissioner Friel moved to continue the public hearing to the June 27, 1995 Planning Commission meeting and directed City staff and the applicant to submit the following information: 1. Original plans submitted to the Code Enforcement Office. 2. Original site plans and application information as was submitted to the Planning Commission two years ago. 3. Cable video tapes from the April Planning Commission meeting. 4. Calculation of prep area for serving 66 people M Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 The Commission directed the applicant to submit the required information to City staff by June 15, 1995. HEARING: CASE NO. •, • DEPARTMENT OF TRANSPORTATION - CONDITIONAL USE PERMIT Chair Dwyer introduced this application by stating that the Minnesota Department of Transportation (MnDOT) is proposing to replace their existing salt storage shed, located at 2229 Pilot Knob Road, with a larger structure located in approximately the same position on the site. He explained that the replacement structure will be larger so that it will store more equipment and material can be kept inside. He explained that MnDOT intends to raise the paved area and reconstruct the drainage control to a new pond. Chair Dwyer explained that Acacia Cemetery has informed the City of their erosion and drainage concerns. He further stated that Planner Uban has suggested that MnDOT review their landscape plan to meet ordinance requirements and that additional screening is necessary to help blend the facility into the existing industrial park and cemetery setting. Dwyer further stated that Planner Uban has suggested that MnDOT should submit color designation and lighting plan information for City review. He also noted that additional grading information with erosion control measures that clearly demonstrates the slopes and berms along with views from adjacent property is also needed. Mr. John Pirkl, representing MnDOT, informed the Commission that there is screening in place, but sparse. He stated that in the northwest corner of the property they propose to install three foot high trees. Chair Dwyer stated that three foot high trees do not provide adequate screening. Mr. Pirkl stated that the plan submitted is not a true landscape plan but a concept plan. Chair Dwyer informed Mr. Pirkl of Acacia Cemetery's concerns with runoff and debris flying onto their property. Mr. Pirkl stated that there has been debris blown onto Acacia's property and that the MnDOT groundskeeper has been informed of the problem. He explained that they intend to EO reestablish the drainage ditch and that an excessive amount of fill will be removed. Chair Dwyer stated that the regional trail system, near the MnDOT building, also needs to be screened. He stated that MnDOTs suggestion to berm and plant trees seems in adequate. Mr. Pirkl stated there are mature trees behind the shed and railroad property. Planner Uban stated that trees may be on the railroad property and that this area needs an evergreen character. He stated that the pond is being moved to the property line. He further stated that the drawings submitted are difficult to interpret how the grading will be completed. He stated that the City needs a site plan which shows contours and a landscape plan which shows screening. Chair Dwyer stated that the lighting plan is inadequate. Mr. Pirkl stated that a yard light is needed for night time operations and security. Commissioner Koll stated that she does not understand the drawings and Commissioner Betlej concurred. Commissioner Betlej stated, as per the City's Zoning Ordinance, that a site development plan, dimension plan, grading plan and landscaping plan are all required for the Conditional Use Permit process. Chair Dwyer stated that these requirements must be addressed. He moved to table the hearing until June 27, 1995. Commissioner Friel stated that there are no size limits on accessory structures in the Industrial Zone. He stated the limitations are only by setbacks and height. Planner Uban concurred. Commissioner Betlej noted his concerns for runoff from salt and chemical storage. Commissioner Koll noted that there is dirt piled next to the Acacia Cemetery property with slopes that are not protected or covered with vegetation. In response to a question from Commissioner Tilsen, Mr. Pirkl stated that roughly 2,000 to 3,000 yards of fill will be brought in. Commissioner Tilsen stated that the City requires a Conditional Use Permit for fill in that amount. Commissioner Tilsen inquired about the ponding area. Mr. Pirkl stated that it will basically be a wet pond based on 2.6 acres of hard surface. Mr. Pirkl also stated that a canopy will be placed on the structure which will mean cleaner water. Chair Dwyer directed Mr. Pirkl to meet with City staff to review the We Conditional Use Permit process. Commissioner Koll moved to table the public hearing to June 27, 1995. Commissioner Tilsen seconded the motion. mum 1kjrAVt'Wjj Chair Dwyer called a recess at 9:15 o'clock P.M. Chair Dwyer reconvened the meeting at 9:25 o'clock P.M. HEARING: CASE NO. 95-02: CITY OF MENDOTA HEIGHTS - Fire Marshal Paul Kaiser was present to discuss his request to amend Section 4.17 of the Zoning Ordinance which would restrict certain types of building material allowed in the Business and Industrial zone. He stated that it would be in the best interest of the City to determine what types of material is allowed. He stated that presently, types I through V are allowed. Kaiser explained that with wood frame structures the potential for a fire is higher. He cited several examples such as outside storage containers being vandalized and catching on fire. Kaiser submitted information to the Planning Commission regarding different types of building material. Kaiser explained that Type I construction is typically high rise construction, Type 11 is a public building (i.e., Sibley High School), Type III is wood interior with exterior masonry walls, Type IV is heavy timber construction and that there are none in Mendota Heights and Type V is wood frame (protected and unprotected). Kaiser explained that he is requesting that the Zoning Ordinance specifically prohibit Types IV and V in the Business and Industrial zone Commissioner Tilsen stated that he understands that Type IV building material is good in a fire situation. He stated that the type of material 11 consists of very large beams which take a long time to burn. He stated that while the likelihood of a contract using this material is low (so expensive), he does not want to eliminate the possibility all together. Kaiser informed the Commission that he is using the City of Bloomington's codes as an example to form the Mendota Heights ordinance. He stated that he did not inquire with the City of Bloomington if there are any Type IV buildings in their City. He stated that he believes that the expensive building materials precludes the construction of such a building. Chair Dwyer stated that the City has received correspondence from Mr. Dale Glowa, of United Properties, inquiring why the City should treat the Industrial District different than the R-3 District. Dwyer explained that Mr. Glowa points out that the elimination of Type V materials is unnecessary and that it seems that suitable fire protection features currently exist making wood structure buildings safe. Fire Marshal Kaiser explained that in the 1970's there used to be fire zones which were based on building distance from the Fire Hall. Kaiser stated that Type III material is of a higher value material and that most buildings are constructed in the Industrial zone. He explained that the City's Industrial Zone happens to be the furthest zone from the Fire Hall. He stated that in essence, the time of response is a major consideration in fighting fire. Commissioner Duggan inquired if the City should expand the building material requirement's to include churches in the R-1 district. Commissioner Friel stated that schools are required to use Type 11 materials and that these are more restrictive. He inquired how many other communities have this requirement for schools and churches in R-1 districts. Fire Marshal Kaiser informed the Commission that the Heritage Inn could not be built in the City of Bloomington. Commissioner Betlej stated that Type V buildings are fully sprinkled, like the Heritage Inn. Kaiser responded that fires develop on the outside of a building and can overpower the interior sprinkler system. Commissioner Betlej inquired if motels are considered multi -story buildings and not warehouses. Kaiser stated that the Heritage Inn and Courtyard are the only two buildings in the Industrial District which are constructed with wood frame. He stated that all United Properties buildings are constructed with Type 11 material. Commissioner Betlej stated that one story buildings are different and that restrictions could be limited to buildings that are two stories or more. Commissioner Betlej stated that if Fire Marshal Kaiser's concerns are valid, then why restrict building material types to just buildings in the Business 12 and Industrial districts. Chair Dwyer opened the meeting to the public. Mr. Frank Dukey, of United Properties, stated that he is present as a landowner and not a builder. He stated that United Properties owns 90 acres of land and that there are many sites still available for retail and restaurant use. He stated that it is important to attract people to an industrial park and that they do not want their ability to attract clientele impaired. He further stated that United Properties does not want to impose undue safety conditions. Chair Dwyer inquired if there is a price differential between Type III and Type V construction. Planner Uban responded that the cost level of steel beams are soon to compete with wood frames. Chair Dwyer stated that recently the City has be discussing how the City can attract amenities and that the City does not want to chase away potential tenants. Fire Marshal Kaiser stated that he does not want to restrict building material type to multi -story buildings. He stated a contractor could construct a 48,000 square foot one story building with wood material. He stated he is not comfortable with the multi -story restriction. Commissioner Friel suggested that the City Attorney should review the revised language to be sure that the language is integrated with consistency in the ordinance. Commissioner Friel stated that the construction standards seem to be focusing more on using steel and concrete materials. He stated that the concern over expense of single story construction is not as paramount as safety. He stated that extra costs in providing safer conditions seems reasonable. Commissioner Friel moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to recommend that the City Council consider amending Section 4.17(3) of Zoning Ordinance No. 401 to add language as follows: 13 1 All buildings within the B and I Zoning Districts shall be of steel, reinforced concrete, Type III construction, masonry construction, or an equivalent or better. No building shall be constructed of Type V construction. subject to the City Attorney's review of integrating the language into the Ordinance with consistency. A brief discussion ensued regarding why Type IV material is being excluded from the Ordinance. Variance procedures were discussed by the Commission. Commissioner Tilsen felt that the City should not be more restrictive than we have to be. Commissioner Lorberbaum seconded the motion. AYES: 4 NAYS: 3, KOLL, BETLEJ, TILSEN Commissioner Tilsen noted that he is not in favor of excluding Type IV construction. HEARING: CASE NO. 95-02: CITY OF MENDOTA HEIGHTS - TO. EE PYESERVATION DISTRICT Chair Dwyer explained that because there was no public at the April meeting to comment on the Tree Preservation Ordinance and because the hour was late, the hearing was continued to the May Planning Commission meeting. Chair Dwyer stated that some fine tuning of the ordinance is necessary. He noted his concerns for restricting private property owners in limiting their ability to decide what is best for their property. Administrative Assistant Batchelder explained that Councilmember Krebsbach has informed him that her intentions in requesting the Planning Commission to research a Tree Preservation District Ordinance is to not regulate single family homeowners but to preserve the character and prohibit clear cutting of large parcels of land. Chair Dwyer opened the meeting to the public. 14 Chair Dwyer informed the public that Mr. Robert Prior, 2455 Hampshire Court, and Mr. Joe Stefani, 1820 Valley Curve, sent letters informing the City that they are opposed to the City placing restrictive regulations on private property owners. Mr. Stan Linnell, 1407 Cherry Hill Road, stated that the City's idea for a Tree Preservation Ordinance is a good one. He stated that the question is how far the City should regulate single family property owners. He stated that he does not want to see large parcels of land clear cut. He noted concerns for the Wetlands areas in the City. He stated that the list of trees is too limiting. A resident of Mendota Heights, who is a Forestry Major, stated that the City needs to educate its residents about the benefits of trees. He stated that an ordinance would prevent developers from clear cutting. The Commission discussed the possibility of performing a tree inventory. The Commission made some general changes to the ordinance regarding language. Commissioner Friel moved to recommend that the City Council adopt the Tree Preservation District Ordinance. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 1, DWYER VERBAL REVIEW Public Works Director Danielson updated the Planning Commission on City Council action regarding recent planning cases. There being no further business, the Planning Commission moved to adjourn its meeting at 11:11 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary