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1993-09-28 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 28, 1993, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7 :30 o'clock P.M. All members were present including Koll, Friel, Dreelan, Dwyer, Hunter, 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 August 24, 1993 Minutes. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 ABSTAIN: 3, Dreelan, Friel, Hunter CASE NO. 93 -21: NONNEMACHER - WETLANDS PERMIT Mr. Thomas Nonnemacher, of 2470 Pond Circle East, was present to request a Wetlands Permit to allow the construction of a deck within ninety feet (90') of the wetlands. Chair Dwyer briefly explained that Mr. Nonnemacher's home was constructed within one hundred feet (100') of the wetlands. He explained the deck will encroach into the wetlands area by ten feet (10'). Mr Nonnemacher stated the encroachment would be no more than ten feet (10') and that it may only be a six foot (6') encroachment. In response to a question from Commissioner Friel, Mr. Nonnemacher stated his home was not a spec house and was built to his specifications. He stated plans for a deck were included with the construction of the home. Commissioner Koll stated the problem of deck encroachment to the wetlands within Centex has occurred before. She stated Mr. Nonnemacher's request does not set a precedent. Chair Dwyer stated all signatures of consent have been obtained from property owners within one hundred feet (100') of Mr. Nonnemacher's property. Planning Commission Minutes September 28, 1993 Page 2 Commissioner Koll moved to waive the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Koll moved to recommend that the City Council . grant a Wetlands Permit to allow construction of a deck to within ninety feet (90') of the Wetlands. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 CASE NO. 93 -23: ANDERSON -MANN CONSTRUCT - MINNESOTA KNITTING MILLS - SETBACK VARIANCE Mr. Tim Anderson, of Anderson -Mann Construction Company, representing Minnesota Knitting Mills located at 1450 Mendota Heights Road, was present to request a setback variance to allow the construction of a 7,200 square foot addition. Chair Dwyer stated the normal setback is forty feet (40') and that a small portion of the addition protrudes into that setback. Commissioner Tilsen questioned how accurate the measurements are and where they are measured from. Mr. Anderson responded the measurements are accurate to within inches and are measured to the farthest extreme above grade. Commissioner Duggan inquired if additional landscaping will be installed as suggested by Planner Uban. Mr. Anderson stated the owners would be happy to install landscaping as it will have a softening impact on the addition. In response to a question from Commissioner Dreelan, Mr. Anderson stated additional parking is located on the west of the building. Commissioner Friel inquired if the dimensions of the road were created before or after the original construction of the building. Mr. Anderson stated the original construction was twenty years ago with the present road alignment. In response to a question from Commissioner Koll, Mr. Anderson stated with the additional warehouse space, no more employees will be added. Planning Commission Minutes September 28, 1993 Page 3 Chair Dwyer stated signatures of consent from property owners within one hundred feet (100') of the property have been obtained. Commissioner Duggan moved to waive the public hearing. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 In response to a question from Commissioner Friel, Mr. Anderson stated his company had built an addition to Minnesota Knitting Mills five years ago. He stated no variances were required at that time. Commissioner Duggan inquired if the whole building will be repainted with the addition to match the existing building. Mr. Anderson explained their intentions are to remove paneling from the south side of the existing building and place it on the east side of the new addition. He stated this was done five years ago and has worked well. He stated new paneling will be placed in the rear of the building where it is wooded and will not be seen. Mr. Anderson stated gutters will be placed on the south side of the building. Commissioner Duggan moved to recommend that City Council grant a five foot (5') front yard variance conditioned that the expanded area be improved with landscaping. Commissioner Koll offered a friendly amendment stating the landscaping should include the planting of spruce trees. Commissioner Duggan accepted the friendly amendment. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 93 -19: MCMONIGAL - BETH JACOB CONGREGATION: CONDITIONAL USE PERMIT Ms. Rosemary McMonigal, of McMonigal Architects, was present to request a conditional use permit to allow the Beth Jacob Congregation to construct an addition to the synagogue located at 1179 Victoria Curve. Planning Commission Minutes September 28, 1993 Page 4 Ms. McMonigal explained a neighborhood meeting was conducted in September to allow the neighborhood to have insight on what the congregation is proposing. Ms. McMonigal stated the only change to come out of the meeting was to install spruce trees where the proposed maples were to be located. She stated the spruce trees will provide year round buffering between the synagogue and the three houses off of Hunter Lane. Commissioners Tilsen and Duggan commended the applicant for her thorough approach in submitting information to the Commission. Chair Dwyer and Commissioner Dreelan noted their concerns for the existing traffic on Victoria. Ms. McMonigal responded the addition is being constructed to better serve the existing congregation. She stated the addition will include classrooms and storage space. In response to a question from Ms. McMonigal, Public Works Director Danielson stated there will be increased traffic on the frontage road once the realignment of Highway 110 is completed. Chair Dwyer pointed out that Planner Uban has indicated the neighborhood will experience an overall decrease in traffic. Planner Uban responded that the neighborhood will have two choices of access rather than one and that should help ease the traffic congestion. Chair Dwyer stated additional parking expansion is shown on the plan. Ms. McMonigal stated if the City requires the congregation to create expanded parking they will do so. She stated the congregation is not intending to increase the size of their sanctuary. Mr. Earl Schwartz, representing Beth Jacob Congregation, stated it is extremely unlikely that the sanctuary will be expanded as it would go against what the founders of the synagogue have envisioned. Commissioner Friel inquired if the existing trees will be protected during construction. Ms. McMongial stated the congregation is very sensitive to the City's concerns in tree preservation. She stated a snow fence will be installed prior to construction. In response to a question from Commissioner Koll, Ms. McMonigal stated the existing tree line is twenty -five feet (25') to thirty feet (30') north of where the proposed storage addition will be constructed. She stated no trees will be demolished. In response to a question from Commissioner Koll, Ms. McMonigal stated there will be no playground installed as the Planning Commission Minutes September 28, 1993 Page 5 classrooms are intended for a learning environment, not a child care situation. Ms. McMonigal explained one toilet room has been proposed for the addition. She stated there are three existing toilet rooms in the synagogue. She explained the building code does not require them to install another toilet room but they thought it wise to do so, in anticipation of ADA requirements. Chair Dwyer opened the meeting to the public. Mr. Jim Perron, 1203 Victoria, stated there is a traffic problem on Victoria and that the extension of the road down to Mendota will only increase traffic. He explained the City had installed no parking signs on Victoria and that they recently had been hooded and wondered why. He stated Beth Jacob has been a good neighbor. Public Works Director Danielson stated the City had received a letter from a resident concerned about parking on Victoria Curve during ball games. He stated the City passed an Ordinance enforcing no parking on Victoria. He stated that before the City adopted the No Parking Ordinance on Victoria Curve, Beth Jacob Congregation had requested that the City hood the signs during their two high holy days. Commissioner Hunter stated it makes sense to utilize the space which has been set aside for future park. Ms. McMonigal stated the congregation has had discussions regarding the parking issue and everyone supports the City's enforcement of no parking on Victoria. She stated the congregation does not want to lose the green space to parking. Ms. McMonigal stated the City has allowed the congregation to use their parking lot several times. Commissioner Friel stated there is a parking problem other than just on holy days. Mr. Schwartz responded there is an overflow of parking on several days through out the year. He stated if the City requests that they convert the open space to a parking lot they would, but that they are reluctant to lose the green space and it may not alleviate the problem of overflow parking. Commissioner Friel pointed out that may be the parking lot was not designed for a congregation whose attendance is as high as theirs. He stated he is sensitive to their notion of maintaining their open space. He inquired if Victoria Curve could be widened. Public Works Director Danielson stated that funding would be difficult. He stated the possibility could be reviewed. Planning Commission Minutes September 28, 1993 Page 6 Chair Dwyer suggested that the City should discuss the traffic concerns with the congregation. Commissioner Friel moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen suggested that the Beth Jacob Congregation should consider their own plan on how to alleviate the traffic /parking situation. He suggested that maybe the Congregation could consider car pooling, etc. He stated the congregation should take the lead role in addressing the problem as best as they can. Commissioner Friel moved to recommend that the City Council approve the conditional use permit and the building addition. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 93 -20: MCKINNEY - MENDAKOTA COUNTRY CLUE: WETLANDS PERMIT Mr. Bob McKinney, green °s superintendent for Mendakota Country Club (2075 Mendakota Drive) , was present to request a Wetlands Permit to allow the Country Club to rebuild its 17th hole. Chair Dwyer explained the Country Club is proposing to amend the 17th hole by correcting deficiencies in play and bringing the new green up to U.S. Golf Association's specifications. Mr. McKinney explained that for years the golfers have tolerated a severely sloped, unfair putting surface. He stated they would like to enhance the hole and redefine the shoreline area. He stated they believe the hole will be enhanced both by playability and aesthetically. He stated they plan on installing three aerators to the pond which will cure algae and floating weed matt problem. He stated they will not be moving much soil. He stated the Country Club believes it would be a mistake not to rebuild the hole. Chair Dwyer stated this request has been reviewed by the Department of Natural Resources and the Army Corp of Engineers. He stated both the departments maintain that this Planning Commission Minutes September 28, 1993 Page 7 particular wetlands is not within their jurisdiction for permit approval. Commissioner Dreelan inquired if the dredging will affect the flow of water to Roger's Lake. Mr. McKinney responded no as the flow of water to this area is fed from 1-35E/110 runoff. He stated the dredging will help this problem. Commissioner Duggan pointed out that the Country Club is spending $40,000 in landscaping. Commissioner Koll inquired if a silt fence will be installed. Mr. McKinney responded they will be installing a silt fence which is made out of a woven plastic material. He stated that the fence will be pounded into the soil and will be located on the edge of the pond. In response to a question from Commissioner Duggan, Mr. McKinney stated it will be a little difficult to get the equipment in to do the work. He stated the blacktop may be destroyed and it will be replaced. He stated they have a nursery green which will be the temporary green. He stated they hope to start the project right away and have it completed in one month. He stated their intentions are to open the green in July of 1994. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Duggan moved to close the public hearing. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan moved to recommend that the City Council grant the Wetlands Permit conditioned upon: 1. That proper erosion control and soil stabilization plans be maintained and approved by the City Engineer. 2. That detailed landscape additions and tree preservation be clarified with City staff. Commissioner Hunter seconded the motion. In response to a question from Commissioner Tilsen, Mr. McKinney stated he and his crew would be doing most of the work with some help of hired contractors. Planning Commission Minutes September 28, 1993 Page 8 Commissioner Tilsen suggested that the Country Club use a silt curtain in addition to a silt fence. He explained that a silt curtain is placed in the water prior to excavation. Mr. McKinney stated a silt fence should be adequate as he does not expect a lot of erosion problems. Commissioner Tilsen suggested that the City have jurisdiction in tracking the construction process. Public Works Director Danielson stated he has never used a silt curtain and that the City monitors specific jobs throughout the City and that the City could conduct inspections on this project. The Planning Commission discussed the need for a bond on this project. Commissioner Tilsen offered a friendly amendment stating the City reserves the right to inspect the project. Mr. McKinney agreed. Commissioner Duggan accepted the friendly amendment. AYES: 7 NAYS: 0 HEARING: CASE NO. 93 -22: UNITED PROPERTIES - CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT Chair Dwyer informed the Planning Commission and audience that due to a conflict of interest he would be unable to participate in the discussion process regarding United Properties' request. Vice Chair Duggan briefly explained that United Properties is requesting a Conditional Use Permit for Planned Unit Development to allow the construction of a companion office building next to the existing Northland Insurance Company. Duggan stated that Northland Insurance Company is the City °s largest employer with 452 employees. Mr. Dale Glowa, of United Properties, explained the first Northland Insurance building was completed in 1988. He explained the insurance company has grown substantially. He explained the high ratings held by Northland Insurance Company. Mr. Glowa briefly reviewed the history of the Mendota Heights Business Park with the first purchase of land, by United Properties, in 1959. Glowa referred to the masterplan of the business park with the strict covenants and the quality of Planning Commission Minutes September 28, 1993 Page 9 construction with each building. He stated the business park has grown to be the finest business park in the Twin Cities area Mr. Glowa explained the ownership of the land is owned by Northland Companies except for Lot 2 which is owned by GTE Corporation. Mr. Glowa explained that Metro II owns Lot 1 and now realizes that they have no property rights to Lot 2 for parking. He explained that United Properties will be adding Lot 3 to this project and that Northland Insurance owns Lots 8, 9 and 10. Mr. Glowa stated Northland Insurance desires to create a campus environment with the development plan of closely related buildings connected by skyways with all of its employees on site. Mr. Glowa stated construction needs to be started in October in order to be completed by November of 1994. Mr. Glowa explained the proposed site plan. He explained the site plan is excellent in that it makes a lot of sense for planned unit development planning. He stated the PUD process allows the buildings to be close with out compromising the parking. Mr. Glowa explained the site circulation with two existing access points will be enhanced with the addition of two more access points on Mendota Heights Road. He stated they have made some modifications to improve the circulation. He explained the thirty foot (30') drive aisle through the main area of the campus. He stated there will be safe walkways and there will be parking islands, which are irrigated, within the parking lot. He stated the pedestrian walk bridge will be constructed at grade and will include skylights. He stated this walkway will be located fifteen feet (15') off of the property line adjacent to Metro II. Mr. Glowa explained the monument sign will complement the existing sign. He stated the sign will be internally lit and will meet the sign standards as established in their sign covenants. Mr. Glowa explained the potential expansion of Northland Insurance creating a Phase III. He briefly reviewed the Phase III plans. Mr. Glowa informed the Commission that this has been a fast track plan and asked that the Commission trust United Properties as they have done in the past in preparing and Planning Commission Minutes September 28, 1993 Page 10 constructing a beautiful addition to the business park. Mr. Glowa stated the original parking plan met the requirements of the City's 5 spaces per 1,000 square feet. Mr. Glowa stated a total of 650 employees will need to be accommodated and the 5 per 1,000 ratio would require 717 spaces. He stated a revised plan had removed 22 spaces to accommodate landscaping and the monument sign, as discussed with staff. Mr. Glowa stated these changes will add landscaping at the front entrance and would place the monument sign by the entry to the lot, as shown on the revised plan. Mr. Glowa stated this would require a parking ratio variance and that 695 spaces will be provided. Mr. Glowa stated they are requesting, as done in the past, for a twenty foot (20 °) sign setback variance. Glowa explained the design of the building will match the existing building. He stated the acoustical design will meet noise attenuation code requirements and the building will be energy efficient. Glowa stated the building will be leased and occupied by Northland Insurance Company and its parent company. Glowa stated there should be no site line problems with the walkway system and that the landscaping will be handsome. He explained the facility will have a backside truck entrance and it will have a basement with underground access. He stated the employees will be parking on the Mendota Heights Road side. In response to a question from Vice Chair Duggan, Mr. Glowa stated the grades rise rapidly and that the walkway will be at grade in the front but it will appear to be two story from the backside. Commissioner Koll stated she has a lot of trust in United Properties and City staff and that they have delivered many quality projects. She inquired if the building will be constructed based on the City's Noise Attenuation Ordinance. Mr. Glowa stated the building will be constructed based on the guidelines for Noise Zone 3 requirements. Commissioner Koll asked for clarification of the Northland branches. Mr. Glowa briefly explained the parent company and numerous branches which include Northland Insurance Company, a financial corporate mortgage company and United Properties, a property management and development company. Planning Commission Minutes September 28, 1993 Page 11 In response to a question from Commissioner Friel, Mr. Glowa stated the windows will be double pane windows. He stated they will meet certain STC guidelines as dictated by the attenuation ordinance. Commissioner Friel inquired if calculations have been computed with respect to the amount of impervious surface. Planner Uban responded no calculations have been made as United Property is processing their application under the old Planned Unit Development Ordinance. He stated the new ordinance requires the calculation of impervious surface. Friel stated the new ordinance calculation is a device in which developers will have to meet criteria. Commissioner Friel cited Section 22.3(1)b. Planner Uban explained the setbacks of the building have been met or have been exceeded. He stated that under the old ordinance, he is real comfortable that the intent of the PUD is being met with the campus type setting. He stated an exact calculation of open space could be easily done. Mr. Glowa stated if the requirement under the new PUD is 25 percent open space then this should be challenged. He stated that this is not the norm in other Cities and that it is a near impossibility to achieve. He stated that this would be more appropriate for high density residential projects. He stated there are no unusual features about this site. Commissioner Friel corrected Mr. Glowa in saying 30 percent open space is the requirement. Mr. Glowa responded that this would be even more of a burden. He suggested that the City should revisit and analyze this amendment. He further noted that Southridge Business Center was approved as a planned unit development. Commissioner Friel stated that calculations cannot be computed because of the lack of definite plans. Mr. Glowa responded that the site plan is complete. Planner Uban stated at the time of United Properties's application, this information was not required. In response to a question from Vice Chair Duggan, Administrative Assistant Batchelder stated under the old Planned Unit Development Ordinance, the developer submits the preliminary development plan for review by the Planning Commission and then City Council. He stated the developer is then required to only return to the City Council for final plan review. Planning Commission Minutes September 28, 1993 Page 12 In response to a question from Commissioner Friel, Planner Uban stated planned unit developments are commonly used in industrial parks to create a campus type environment where buildings are connected with skyways and zero lot lines might be incorporated. Uban stated the PUD process allows the City to comprehensively review all planning factors associated with a development site and work with the developer to achieve a unified, quality product. In response to a question from Commissioner Dreelan, Mr. Glowa stated the building will have the same owners as the first building and therefore there will be shared parking and building access. He explained that each building will operate independently. Planner Uban stated the lots will not be combined and that easements of record are prudent to have in place. In response to a question from Commissioner Dreelan, Mr. Glowa stated the site is ideal for emergency vehicle access with plenty of hard surface surrounding the site. Commissioner Dreelan inquired on the number of levels proposed for the parking ramp if Phase III is built. Mr. Glowa responded it could have 3 1/2 to 4 stories. Vice Chair Duggan inquired if there would be a problem if the Planning Commission recommended only two stories. Mr. Glowa stated there could be a problem as there might not be enough parking spaces to accommodate the number of employees within the building. He suggested that the parking structure be architecturally treated. He stated there would be two ramps if Phase III were built. Vice Chair Duggan stated 695 parking spaces would exist with Phases I and II. Mr. Glowa concurred and stated the basement parking in Phase I is for 25 and Phase II is 30. He stated Northland Insurance has asked that parking spaces to accommodate a total of 800 to 900 employees be installed should Phase III be built. Vice Chair Duggan stated the Planning Commission can only approve what is required to meet what today's standards are. Mr. Glowa agreed and stated he is only seeking for Phase II approval. Commissioner Hunter inquired what obligation is there to Metro II and GTE to solve the parking problem. Mr. Glowa responded that United Properties has a purchase agreement to acquire Lot 2 and a title policy binder with no encumbrances. He introduced Mr. Brook Baker of GTE should anyone have any questions. Mr. Glowa stated that Metro II can have several design solutions and City variances to bring them into Planning Commission Minutes September 28, 1993 Page 13 compliance with their parking. Planner Uban stated the parking is important to the use of a building. He stated Metro II was using parking space that they did not own. He stated they need to resolve the problem as they are now a non conforming use. He stated there is space on the east side of the building. He stated that Metro II was offered Lot 2 and they decline to lease or purchase the property. Commissioner Hunter inquired why the City is obliged to solve this problem tonight. Planner Uban stated the City is not but that we need to be aware of the situation. Commissioner Tilsen inquired if the PUD process is the appropriate means of handling this request. He inquired if the platting of the entire parcel would be more appropriate. He wondered if the Planned Unit Development process is the most appropriate avenue for the City to travel. Planner Uban responded that it is the most appropriate approach. He stated that cross easements may be used and that the Planned Unit Development is an appropriate way to secure the relationship between the buildings and the parcels. Mr. Glowa stated that Metro II has the land to create their own solutions to the parking situation. Vice Chair Duggan inquired if Northland Insurance and Metro II could agree to use Northland Insurance's parking lot for overflow parking of Metro II. Mr. Glowa responded that this idea could create encumbrances with finances. He stated that Northland Insurance is concerned with the security of their building. He stated this idea is unacceptable to Northland Insurance. Vice Chair Duggan stated the City Council needs to be aware of the situation. Mr. Baker, of GTE, confirmed that Metro II did not want to purchase the parcel. Commissioner Tilsen stated he would like to see this processed as a plat so that each parcel cannot be sold at a later date. He stated that easements are not enough to keep parcels from being sold off. He further stated the plans are incomplete. Tilsen stated a survey has not been submitted with all of the conditions on one plan. Mr. Glowa stated he prefers the planned unit development process. He noted that time and economics are a real factor in this request. He stated that any easements will show up on any title. Commissioner Friel stated he concurs with Commissioner Tilsen. He stated he has not seen a copy of the developer's agreement or cross easements. He stated that he has not seen anything on Phase II but has seen a lot on Phase III. He stated the Planning Commission cannot make a recommendation to City Council as the plans are incomplete. He stated that he is Planning Commission Minutes September 28, 1993 Page 14 frankly confused by what we have before us to make a recommendation. Mr. Glowa responded that they have discussed Phase II and inquired as to what specifically needs to be addressed. Commissioner Friel stated that all he sees is a concept landscape plan. Mr. Glowa stated what they have submitted is very detailed. Commissioner Friel inquired why Phase III has been combined with Phase II. Mr. Glowa responded that Phase III has been included so the Commission may review the future concept plan and its parking. Commissioner Tilsen stated he would like to see the plan properly completed. Mr. Glowa stated he is prepared to address any specific requests from the Planning Commission for additional information. Glowa stated he will provide the Commission with copies of the cross easements. Vice Chair Duggan inquired what the process would entail should United Properties pursue a replat. Planner Uban stated a hearing is required. Public Works Director Danielson stated that United Properties is not replatting the property for financial reasons and that this property is already properly platted. Mr. Glowa stated construction needs to begin in October. He stated that this process has worked before and that easements have worked. He stated finances are a real issue. Mr. Glowa stated that he is open minded to suggestions and concerns but that what he has presented is a very detailed. Commissioner Friel stated the plans contain references to phases that are not before the Planning Commission for review. Commissioner Friel inquired if staff is recommending that a planned unit development be approved with more than one owner. Mr. Glowa stated the land will be owned by one entity. Planner Uban stated the actual ownership does not negate the design of a planned unit development, that multiple ownership is common within PUD's especially in condominium uses as well as industrial parks. Uban stated PUD's are not intended to strangle the flexibility of a property, but to organize the land use for performance. Commissioner Friel stated he has not seen covenants, agreements or developer's agreements. Planner Uban stated he is confident this information will be given in an accurate fashion for the City Attorney's review. Mr. Glowa stated Lot 8 is included in the PUD plan, but will have separate financial requirements in the future if Phase III is developed. Planning Commission Minutes September 28, 1993 Page 15 Mr. Glowa stated the Planning Commission could approve the request subject to the agreements being provided to the City Council. He stated Phase III is only a long term plan. He stated the discussion on Phase III is to only inform the Commission about the potential growth of a business in the City and the fact that more jobs will be created. He stated he is not asking for Phase III approval. He stated that Northland Insurance has the need to accommodate future growth. He stated he would like Phase II to be approved tonight and that he is confident that United Properties can produce the documents to satisfy the City Council and City Attorney. Commissioner Friel responded that the Planning Commission needs adequate information to do a review and to make an appropriate recommendation to the City Council. Commissioner Tilsen inquired if this is an appropriate process. Administrative Assistant Batchelder stated that GTE /Contel building was originally approved by the City Council as a building permit review and that it was not processed as a planned unit development. He explained that had the GTE /Contel plan been processed as a planned unit development, this request would be considered an amendment to that planned unit development and that Lot 2 would not have been so easily split from the GTE /Contel development. In response to a question from Vice Chair Duggan, Batchelder stated the differences for United Properties between a PUD and a plat are timing, finances and flexibility. Commissioner Tilsen inquired if all the land not covered by buildings be legally encumbered. Mr. Glowa responded yes. Vice Chair Duggan stated the Planning Commission is being put into a difficult position. Mr. Glowa stated he would like the Commission to make an approval conditioned upon additional information being reviewed by the City Council and City Attorney. Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Friel stated the City's attorney has a different focus on reviewing planning material than the Planning Commission. Vice Chair Duggan inquired if the hearing should be continued for one more month. Mr. Glowa responded that would be a terrible idea and wondered if a special meeting could be called. He further stated that he is unclear as to just what the Planning Commission is looking for and he would like to Planning Commission Minutes September 28, 1993 Page 16 address any specific planning issues. Commissioner Friel stated Mr. Glowa should submit the following information for Planning Commission review: 1. Drawing showing an outline of the PUD area. 2. Drawing showing existing use of the area. 3. Drawing showing only Phase II on the plans. 4. Provide copies of cross easements 5. Provide developer's agreement showing all variances to be included under the planned unit development. 6. Discuss with City staff if a replat process is the preferred method. 7. Calculate the percentage of impervious surface. Commissioner Friel move to continue the public hearing to October 12, 1993 at 7:30 o'clock P.M. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 1, EKOLL Chair Dwyer called a recess at 10:53 o'clock P.M. Chair Dwyer reconvened the meeting at 11:03 o'clock P.M. HEARING: CASE NO. 93 -24: CITY OF MENDOTA HEIGHTS - ORDINANCE AMENDMENT Administrative Assistant Batchelder briefly explained that the City Council, at their August 17th Council meeting, requested the Planning Commission to review the Accessory Structure Ordinance provisions in order to further clarify the City's intent in regards to accessory structures and detached garages. Batchelder stated the City Council feels there is an interpretation problem with distinguishing between garages and accessory structures after the ordinance had been amended to address accessory structures. He further explained the City Council has indicated that in recent cases the 1,000 square feet for garages is too large. He stated the Council feels there should be distinct clarification between what is allowed as a permitted detached garage versus outbuildings as accessory structures. A brief discussion ensued regarding the number of garages allowed in a residential district and how large of an accessory structure is allowed without a conditional use permit. Planner Uban pointed out that questions regarding if Planning Commission Minutes September 28, 1993 Page 17 more than one garage is allowed on a site or what happens when someone wants to convert a garage into living space and construct another one have caused some confusion. Commissioner Friel read section 3.2(2) of the Zoning Ordinance regarding the definition of an accessory structure. Commissioner Friel stated that the amended language clearly clarifies the intent of the accessory structure ordinance. He stated the only confusion is what to do with an original home that is going to have a detached garage. Chair Dwyer stated the Planner's points about the burdens of a conditional use permit process for a resident should be considered. Commissioner Friel responded the City has an interest in the size of a garage and its use. He stated the City is charged with enforcing planning requirements and listening to neighborhood input and that public hearings are appropriate. Chair Dwyer opened the meeting to the public. Mr. Jake Deeb, of 1780 Dodd Road, inquired if the City differentiates conditional use fees between residential applicants and commercial applicants. He further stated the conditional use process is needed. He asked several hypothetical questions regarding accessory structures versus garages. Chair Dwyer stated the City is benefitted by the conditional use permit process. Commissioner Friel stated he would like to discuss the issue of adding a minimum/maximum square footage area for a detached garage. Commissioner Hunter moved to table the public hearing to October 26, 1993. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. Planning Conrnission Minutes September 28, 1993 Page 18 ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 11:40 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary