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1993-02-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 23, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 23, 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, Dreelan, Dwyer, Hunter, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban and Senior Secretary Kim Blaeser. INTRODUCTION OF NEW PLANNING COMMISSIONER Chair Dwyer introduced new Planning Commissioner Stephen Hunter who was recently appointed by the City Council to fill the unexpired term of former Planning Commissioner and now City Councilmember Sandra Krebsbach. The Planning Commission welcomed Commissioner Hunter. ELECTION OF OFFICERS Chair Dwyer explained that each year, the Commission elects from its membership a Chairperson and Vice Chair person. Commissioner Duggan moved to nominate Commissioner Dwyer as Chairperson of the Planning Commission for the year 1993. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to nominate Commissioner Duggan as Vice Chairperson of the Planning Commission for the year 1993. Chair Dwyer seconded the motion. AYES: 7 NAYS: 0 APPROVAL OF MINUTES Commissioner Koll moved approval of the January 26, 1993 Minutes as submitted. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: Hunter February 23, 1993 Page 2 HEARING: CASE NO 93 -06: CITY OF MENDOTA HEIGHTS - ENVIRONMENTAL COMPREHENSIVE PLAN AMENDMENT Assistant City Engineer, Klayton Eckles, was present for a hearing, initiated by the City of Mendota Heights, to revise the City's Comprehensive Plan to meet Metropolitan Council requirements regarding the environment. Eckles explained the comprehensive plan amendment concerns reducing non -point pollution affecting our wetlands and rivers. He explained the methods of reduction are adoption of NURP Pond Standards, Best Management Practices for erosion control and compliance with DNR shoreland regulations. Eckles further stated the City may choose how to enforce the requirements. He further stated that at the January 26th meeting, Commissioner Friel had suggested that the City Council adopt the NURP Standards and BMP's by reference in the City's Zoning Ordinance. In response to a question from Chair Dwyer, Engineer Eckles stated the City will have some flexibility in enforcing the standards. He explained that site constraints will be considered in NURP Pond requirements, that the City already enforces erosion control policies and the DNR requirements will have little or no impact to the City because Mendota Heights is almost fully developed. Commissioner Friel expressed concern with degradation of Wetlands due to the enforcement of the NURP Pond Standards. Engineer Eckles explained that for every wetlands filled in by the City, the City must create more wetlands at a ratio of 2:1. Commissioner Friel stated the City should avoid runoff of storm water into the river system. Chair Dwyer opened the meeting to the public. There was no one present to discuss Minor Comprehensive Plan Amendment. Commissioner Tilsen moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 February 23, 1993 Page 3 Commissioner Friel moved to recommend that the City Council approve a Minor Comprehensive Plan Amendment to add the following language to Section VI-A-1 of the Land Use Plan (Part II of the Comprehensive Plan): The City of Mendota Heights will apply National Urban Runoff Program (NURP) Standards for the design of new storm water ponds and the MPCA's urban best management practices titled "Water Quality in Urban Areas" or equivalent to the review of any proposed development occurring in the City to reduce nonpoint source pollutant loadings in storm water runoff. The City of Mendota Heights will incorporate these standards and requirements in its storm water management plan and land use controls to implement this policy. Commissioner Friel further moved to recommend that the City Council add language which will provide protection to Wetlands which formulate a ponding area or are adjacent to ponding areas. Commissioner Friel further moved to recommend that the City Council adopt the NURP Standards and BMP's by reference in the City's Zoning Ordinance. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 93-03: CELLULAR ONE - CUP FOR AMENDED PUD/VARIANCE FOR HEIGHT OF ANTENNA POLE Chair Dwyer briefly explained that Cellular One is proposing to erect a cellular telephone transmission facility on a site in the Riverwood Place Business Park located along Highway 13. He explained the site is located next to the CDI Medical Facility and across the highway from the Lilydale Mall. Mr. William Strub, owner of the site which is in an existing Planned Unit Development, was present to discuss Cellular One's request. Mr. Strub informed the Planning Commission that the subdivision consists of four lots and that the two remaining lots are located to the rear of the present Riverwood Place Business Park. He explained that CDI Medical Facility has approached him with an option to purchase Lot 2 within the Riverwood Place Business Park. He stated that CDI is only interested in purchasing the Lot if no ringroad is February 23, 1993 Page 4 constructed as suggested by the City Planner. He stated that there will be only one vehicle traveling in and out of the Cellular One building per month. He further stated that the eight owners of the Riverwood Place office building are all in favor of CDI's proposal to construct a professional building that could house a doctor's office. Mr. Strub also stated that CDI is in favor of Cellular One's request and that they will submit a letter, as requested by the Planner, that their operation will not interfere with Cellular One's operations. Mr. Warren Dunlap, Property/Site Acquisition Manager for Cellular One, gave a brief presentation and explanation regarding Cellular One's request in constructing a cell site which will provide the best telephone service for customers living, working and traveling in Mendota Heights and to the City of St. Paul. He explained that it is essential that a cell site be located near the intersections of Highway 13 and Interstate 35-E. He further explained that Cellular One has been experiencing a capacity problem with the downtown St. Paul cell site and to help correct this problem, it is necessary for Cellular One to construct an additional cell in this area which will provide a strong signal level to the immediate area, while off loading some of the calls on the downtown St. Paul site. Mr. Dunlap explained that Cellular One's Engineering Department has located the proposed site, Highway 13 and I- 35E, as a cell site cell which will provide the necessary coverage to the immediate area while not interfering with any of the existing cells which are adjacent to the proposed new cell site location. He explained that a cell site consists of an equipment building, made of to architecturally match the existing buildings in the development and a self supporting steel pole, seventy-five feet (75°) in height. Mr. Dunlap further explained that a cell site can only handle 45 calls at a time and that the frequencies are reusable. Mr. Peter Beck, attorney representing Cellular One, introduced three photographs of existing cell sites. Mr. Beck pointed out the different antennas used on each cell site. He reiterated that the proposed mono antennae pole will be seventy-five feet (75') in height. Mr. Beck informed the Commission that Cellular phones are no longer considered a "YUPPY" toy and that the construction industry uses this technology heavily. He further stated that technology gives very little option in siting antennas. Mr. Beck explained the proposed equipment building will be constructed near the NSP tank farm and will blend in well with February 23, 1993 Page 5 the surrounding area. Mr. Beck explained that the Planner and City staff suggested that Cellular One apply for a Conditional Use Permit and Variance and that the City's Zoning Ordinance clearly contemplates the proposal. He further stated that a variance may not be needed and that the Conditional Use Permit is being requested. In response to Mr. Beck's comment, Chair Dwyer inquired how Mr. Beck could articulate a hardship in constructing a seventy -five foot (75 °) pole as required by the City's Zoning Ordinance under Variance procedures. Mr. Beck responded that the City's Ordinance clearly identifies the proposed use under the Conditional Use Permit process as it refers to an essential service structure and that it would seem appropriate to eliminate the need for a variance. In response to a question from Chair Dwyer, Planner Uban stated that if the clear intent of the Planned Unit Development has been changed to combine Lot 2 with Lot 3 then the need for a circular drive does not have to be fulfilled. He further stated he has not seen the proposed plans for the new medical facility. Commissioner Friel stated he is unclear as to what road system was originally approved within the PUD. Mr. Strub responded the road was a conceptual issue in 1983. He further stated that CDI will retain an easement through their property. Mr. Strub further explained the PUD was amended in 1990 to allow CDI to construct their building and at that time an easement was retained. Mr. Strub explained CDI would like the easement currently in the driveway eliminated so that CDI can come in with a new plan. Commissioner Friel stated the Planning Commission should review the legal description needed to file the easement to access the driveway. He further stated the easement should be recorded as part of the PUD. Mr. Beck responded that any development of the back lots would require this process. Commissioner Friel inquired if public safety vehicles have adequate turnaround radius. Mr. Beck responded that the site would be fully accessible to public safety equipment. In response to a question from Commissioner Duggan, Chair Dwyer stated there is a distinct difference between the Cellular One request for a Conditional Use Permit allowing an essential services structure within a B -1 District and the Pentel request for a Variance within the R -1 Residential District. February 23, 1993 Page 6 Chair Dwyer opened the meeting to the public. There was no one present to discuss the request. Commissioner Tilsen stated it would be prudent for the landowner to require an easement through the property. He further noted his concerns with ingress and egress. Mr. Strub responded that CDI does not want circular access. Mr. Beck stated Cellular One would accommodate emergency access. Mr. Beck further stated Cellular One would accommodate an access or driveway easement through their property to accommodate any future needs for Lot 2. Public Works Director Danielson stated the Fire Marshall will be given the opportunity to review the proposed plans. In response to a question from Commissioner Dreelan, Mr. Beck stated Cellular One would comply with obtaining written confirmation that the facility will not conflict with the operation of CDI. In response to a question from Commissioner Koll, Mr. Dunlap explained the slope ratio of the proposed berm is 4:1. Mr. Beck stated with the vegetation and berm, it will cover roughly 1/2 of the proposed building. He further stated Cellular One maintains the grounds. Commissioner Tilsen moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to recommend that City Council approve an Amendment to the Conditional Use Permit of Riverwood Place PUD allowing the construction of a seventy - five foot (75') mono pole antenna and equipment building according to the plans submitted and dated January 29, 1993 and the granting of a Conditional Use Permit allowing a seventy -five foot (75°) mono pole antenna to be constructed as an essential services structure conditioned upon the following: 1. That an access or driveway easement be granted to the Cellular One site from the Riverwood Place Phase I PUD site over the currently paved driveway extending from Trunk Highway 13 to the Cellular one site and through the Cellular One site to accommodate any future needs for Lot 2. February 23, 1993 Page 7 2. That an appropriate turnaround be provided on the Cellular One site for public safety needs. 3. That landscaping be completed as per the landscaping plan submitted and dated February 23, 1993. 4. That the following City Planner recommendations be complied with: a. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. b. Confirm in writing that the facility does not conflict with the operation of CDI. c. The facility should only be used for the transmission of cellular phone conversations. Additional antenna requests would have to go through an amendment of the Conditional Use Permit. d. Street lighting to be installed to provide safe ingress and egress on the private road. 5. That the tower height be limited to seventy -five feet (75'). Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 92 -31: MAZZARA - SUBDIVISION - SOMERSET PLACE Chair Dwyer explained that Mr. Mazzara appeared before the September, October, November and December Planning Commission meetings to present a proposal to develop a three lot, 10 acre single family development as a Planned Unit Development. He explained the Planning Commission had previously recommended approval of the development with conditions. He further explained the City Council had reviewed the proposal in January and desired to approve the plan as recommended, but that they directed the developer to process a preliminary plat instead of a Planned Unit Development. Chair Dwyer explained that because City Council felt this preliminary plat represented significant changes, they ordered that a public hearing be held at the Planning Commission. February 23, 1993 Page 8 Chair Dwyer informed the Commission and audience that the Wetlands area is now being proposed to be protected by a scenic easement which will be filed with the plat. He inquired if the protective covenants would be filed with the plat and further inquired if Mr. Mazzara has submitted the covenants for review by staff. Mr. Mazzara stated that covenants had been submitted in the past. Commissioner Tilsen noted the front yard setback requirements are now less than what the Zoning Ordinance requires due to the Wetlands setback. He further stated he would like the developer to consider the proposed lots to be a minimum of 2 1/2 acres. He stated that this could be accomplished by changing the angles of the lot lines of Lots 1 and 2. He further stated he would like to see an easement agreed upon with respect to trails within this development. Commissioner Duggan inquired as to why this proposal is now being reviewed as a Subdivision and not as a Planned Unit Development. He further inquired if the developer has complied with the requirements as set forth within the Subdivision Ordinance. Public Works Director Danielson responded that he and Administrative Assistant Batchelder reviewed the items as submitted by the developer and determined that the developer has complied with the Subdivision Ordinance requirements. Commissioner Dreelan stated she would like to see the septic system drainfields be fenced to prevent compaction by traffic during the construction of the homes. She further stated that access to the septic systems should be maintained for pumping purposes. In response to a question from Commissioner Friel, Mr. Mazzara stated the scenic easement is much more extensive than previously discussed. He stated there will be thirty foot (30') easement along the Garrett's property line. In response to a question from Commissioner Friel, Public Works Director Danielson stated a cash park dedication will be given. Commissioner Koll stated she would like the Planning Commission to be given the opportunity to review individual home designs. She stated the homeowners on Delaware Avenue have expressed their concerns with the site lines of the proposed homes and that the proposed homes conform with the natural terrain. Chair Dwyer responded the City does not have the authority to require this of the developer through the Subdivision Ordinance. He further stated the Planning Commission does acknowledge the concerns of the homeowners in February 23, 1993 Page 9 the area. Mr. Mazzara stated he can also appreciate the concerns of the neighborhood residents but that the three homeowners would like to retain some rights to the land. Chair Dwyer added that if this were a Planned Unit Development, the City could the dictate the type of housing within this development. Chair Dwyer opened the meeting to the public. Chair Dwyer read a letter as submitted by Thomas and Linda Garrett of 540 Wentworth Avenue. He informed the Commission and audience, as per the Garrett's letter, that their position is that the property not be divided into more than two homesites. He noted the Garrett's concerns for the wetlands and wildlife. He stated that Garrett's are concerned that the character of the properties in this area would be severely compromised with the building of three home, together with the septic system land usage. He further stated the Garrett's have stated that entry onto Wentworth Avenue is already very dangerous and that it can support very little additional traffic. Mr. Derauf, 600 Wentworth Avenue, inquired as to why the development is now considered a Subdivision and not a Planned Unit Development and if the wetlands is included in determining the acreage of each lot. Chair Dwyer stated that interpretation of the Zoning Ordinance dictated that this development be considered as a Subdivision and not a Planned Unit Development. He further stated the Wetlands is a part of the acreage calculation for each lot and that wetlands setbacks will be adhered to. Public Works Director Danielson stated that Dakota County is just completing their aerial survey of the area and will be submitting them to the City soon. In response to a question from Commissioner Koll, Mr. Mazzara stated the straw bale barriers, as indicated on the plans, are placed for erosion control. Commissioner Koll commended Mr. Mazzara on the placement of the homes and driveway. She inquired to how many trees will be removed. Mr. Mazzara responded that they plan on moving the trees by way of machines and that they do not expect to lose .too many trees. Chair Dwyer asked the developer to explain why he is proposing three homes and not two homes. Mr. Mazzara explained that the proposed development will have little impact on the site. He stated numerous studies have been completed on the site with relation to the wetlands, septic systems and building pads. He stated that they have taken a very sensitive approach in the natural environment. February 23, 1993 Page 10 Chair Dwyer inquired if Mr. Mazzara would submit the covenants for City Council review. Commissioner Tilsen inquired if Mr. Mazzara would be object to a minimum of 2 1/2 acre lots and if he would object to a trail easement. Mr. Mazzara stated he would not object to a minimum of 2 1/2 acre lots but that he would object to a trail easement as he would like to see a masterplan of the area completed. Commissioner Duggan moved to close the public hearing. Commissioner Hunter seconded the motion. AYES: 7 NAYS: 0 There was a brief discussion regarding the definition of private road right-of-way. Public Works Director Danielson stated the property owners are responsible for maintaining the road but that it is considered a public street in that the - public may use the road. He stated there will be no formal invitation for the public to use as there will be no street signs designating the road. Mr. Mazzara informed the Planning Commission that it has been his intention to develop this property having a great respect for the land and the neighborhood. He stated that the Garrett's have been and will continue to be a part of the development process as their property abuts this development. Commissioner Friel moved to recommend that the City Council approve the request for a preliminary plat and thirty feet (30°) front yard setback variance for Lot 1 subject to the following conditions: 1. That there be no Wetlands outlot. 2. That the Wetlands area, as shown, be protected by a scenic easement that would be filed with the plat. 3. That a fifty foot (50') right-of-way be platted, enclosing the private roadway. 4. That a thirty-five foot (35') wide utility easement be added along the eastern boundary. 5. That a twenty foot (20°) wide, paved driveway be installed within the right-of-way. 6. That the building pad for Lot 1 stay one hundred feet (100') away from the Wetlands. 7. That no future Wetlands Permits be allowed. February 23, 1993 Page 11 8. That septic system drainfields be fenced to prevent compaction by traffic during the construction of homes. 9. That access be maintained to septic systems to allow for pumping. 10. That the minimum acreage of the lots be 2 1/2 acres. 11. That the developer work with the City once the trail master plan has been completed to determine a trail through the site if needed. Chair Dwyer seconded the motion. AYES: 7 NAYS: 0 Chair Dwyer called a recess at 9:43 o'clock P.M. Chair Dwyer reconvened the meeting at 9:55 o'clock P.M. HEARING: CASE NO. 93 -04: SIGN ART - SIGN SETBACK VARIANCE Mr. Kevin Snyder, manager of Sign Art, was present to discuss his request to place a monument sign that is seven feet by ten feet (7'x10') in the front yard along Dodd Road with a zero foot setback. Mr. Snyder stated that he has reviewed Planner Uban's planning report and that he agrees with Planner Uban's comments and suggestions. Chair Dwyer stated that a sign could be constructed without a variance but that shrubbery would need to be removed if the sign were to be placed at the normal setback requirement. Commissioner Friel stated that he disagrees with the square footage calculations for the existing and proposed signs as computed by Planner Uban and staff. He stated that the entire awning area of the existing signs should be included in the square foot calculations, not just to within six inches (6 ") of the letters. He stated that the entire area of the proposed sign should be used for sign area calculations and not just to within six inches (6 ") of the letters. Mr. Snyder stated the background and edge of sign will not be illuminated. Commissioner Friel responded that whether the sign is illuminated or not it is still an attraction. Mr. Snyder stated the sign is proposed to sit perpendicular to Dodd Road. February 23, 1993 Page 12 Commissioner Friel stated the Zoning Ordinance permits total square footage of signs in the B -1 District to be 201.68 square feet. He stated the Zoning Ordinance states no single sign on the property can exceed 50 square feet. Mr. Snyder inquired if a sign permit would have been needed if he just installed an awning on the building. Commissioner Friel stated the existing sign on the building is not an awning. He inquired if that sign permit had been granted erroneously. Planner Uban stated Sign Ordinances are difficult to create and interpret. He stated he computes signage, when applied to the building, by measuring six inches (6 ") beyond the lettering. Planner Uban stated the sign ordinance applies to lettering and graphics. He further stated that awnings are not measured and that the Zoning Ordinance may need to be changed to include calculations of awnings. Commissioner Friel stated the sign on the building is a graphic of an awning. Planner Uban stated it seems to be an awning. Chair Dwyer stated that Mr. Snyder is only requesting a sign setback variance and that he has been put into the position of a problem is did not knowingly generate. Commissioner Dreelan stated the signage completed on the property is a definite improvement to the area. Chair Dwyer opened the meeting to the public. There was no one present to speak on this issue. Commissioner Dreelan moved to close the public hearing. Commissioner Duggan seconded the motion.. AYES: 7 NAYS: 0 Chair Dwyer stated that if the current signs on the property are not in non - compliance with City's Ordinance, the Planning Commission cannot approve this request for an additional sign, even if the request is for a sign setback variance. In response to a question from Chair Dwyer, Mr. Snyder stated he is willing to comply with the City's Ordinance requirements and would be willing to continue the matter for the City to realize a better interpretation of the Ordinance. February 23, 1993 Page 13 Commissioner Duggan moved to table the request for a sign setback variance subject to Sign Art and City staff determine proper size of existing signs and determining the amount of total square footage left on the property to install another sign. He further moved that the Planning Commission is comfortable with the request of a twenty foot (20') sign setback variance. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel inquired if staff could research the initial building permit for 2170 Dodd Road to find out if there were conditions placed on maintaining the existing hedge. PROPOSED ORDINANCE AMENDMENT Chair Dwyer briefly explained that Commissioner Friel has requested the City to consider amendments to the City's Zoning Ordinance regarding accessory structures within the R-1 Zoning District. Commissioner Friel explained there is a need for properties larger than minimum (15,000 square foot) to have larger and more than one accessory structure. He further added that where an accessory structure in excess four hundred (400) square feet, the setbacks shall not be closer than ten feet (10'). Chair Dwyer moved recommend the initiation of an Ordinance Amendment and to conduct a public hearing to be held on Tuesday, March 23, 1993 at 7:30 o'clock P.M. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 LAND USE PLANNING WORKSHOPS GOVERNMENT TRAINING SERVICES The Planning Commission briefly discussed the annual Land Use Planning Workshops offered by the Government Training Service. February 23, 1993 Page 14 VERBAL UPDATE 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 10:39 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary