Loading...
2015-05-26 Planning Comm Agenda Packet CITY OF MENDOTA HEIGHTS PLANNING COMMISSIONAGENDA May 26, 2015–7:00 p.m. Mendota Heights City Hall 1.Call to Order 2.Roll Call 3.Adopt Agenda 4.Approve April 28, 2015Planning Commission Minutes 5.Public Hearings(7:00 p.m. or shortly thereafter): a.Case No. 2015-14: City of MendotaHeights. Proposed City Code amendment concerningtrade schools. b.Case No. 2015-15:City of Mendota Heights. Proposed City Code amendments concerning single-family residential construction. 6.Verbal Review 7.Staff Annoucements 8.Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Hallat 651.452.1850 with requests. 5/26/15 Planning Commission Packet - Page 1 1CITY OF MENDOTA HEIGHTS 2DAKOTA COUNTY, MINNESOTA 3 4PLANNING COMMISSON MINUTES 5April 28, 2015 6 7The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 828, 2015 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 9 10The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard 11Roston, Michael Noonan, Doug Hennes, Mary Magnuson, and Ansis Viksnins.Those absent: 12Christine Costello.Others present were City Planner Nolan Wall andPublic Works Director/City 13Engineer John Mazzitello. 14 Approval of Agenda 15 16 17The agenda was approved as submitted. 18 Approval of March 24, Minutes 19 20 21COMMISSIONER HENNESMOVED, SECONDED BY COMMISSIONER NOONANTO 22APPROVE THE MINUTES OF MARCH 24, 2015 AS PRESENTED. 23 24AYES: 6 25NAYS: 0 26ABSENT: 1 27 Hearings 28 29 30A) PLANNING CASE #2015-09 31Mark Swenson, 873 Highway 110 32Rear Yard Setback Variance Request 33 34Planner Nolan Wallexplained that the applicant was seeking a variance from the rear yard setback 35standard to construct an approximately 216 square foot addition to the existing dwelling at 873 36Highway 110. The subject parcel is 0.43 acres and even though it has a Highway 110 address it is 37a corner lot fronting Carmel Lane, and Crown Pointe Drive to the west. The property is zoned 38R-1 Single Family Residential and guided as low density residential in the Comprehensive Plan. 39 40Planner Wall shared an image of the proposed site plan as provided by the applicant. The proposed 41addition would connect the detached garage to the dwelling to add mudroom and bedroom/office 42spaces. The north side of the existing structure encroaches into the required rear yard setback; 43therefore a variance is required. 44 April 28, 2015 Mendota Heights Planning Commission Meeting -DRAFTPage 1 5/26/15 Planning Commission Packet - Page 2 45Planner Wall then shared the City’s rear yard setback requirements, the location of the current 46structure, and the location of the proposed addition. The proposed addition would be constructed 47flush with the existing dwelling and would not encroach further into the rear yard setback. 48 49The proposed addition would be finished with stucco and painted to match the existing structures 50and meets the R-1 district’s building height and other setback requirements. 51 52Planner Wall explained the standard threshold that would need to be applied to a variance request 53of this type and noted how this request meets those standard thresholds. 54 55Staff recommended approval of this request with conditions. 56 57Chair Field opened the public hearing. 58 59Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 60hearing. 61 62COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER ROSTON, TO 63CLOSE THE PUBLIC HEARING. 64 65AYES: 6 66NAYS: 0 67ABSENT: 1 68 69COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER VIKSNINS, TO 70RECOMMEND APPROVAL OF PLANNING CASE 2015-09, REAR YARD SETBACK 71VARIANCE REQUESTBASED ON THE FOLLOWING FINDINGS OF FACT: 721.The proposed addition is a reasonable use of the property, meets the purpose and intent of 73the City Code, and is consistent with the Comprehensive Plan. 742.The platting of the Crown Point Addition and location of the pre-existing structures on the 75subject parcel created a unique circumstance upon the property not created by the applicant. 763.The proposed addition will not extend any further into the rear yard than the existing 77dwelling and represents a small increased encroachment while still maintaining a large 78front yard setback. 794.The proposed addition will not alter the essential character of the neighborhood. 80AND WITH THE FOLLOWING CONDITIONS: 811.A building permit be obtained prior to construction of the addition. 822.The applicant shall submit grading plans and a dimensioned site plan with associated 83easements, subject to review and approval by the City Engineering Department as part of 84any building permit application. 853.Any land disturbance activities must be in compliance with the City’s Land Disturbance 86Guidance document. 87 88AYES: 6 89NAYS: 0 90ABSENT: 1 April 28, 2015 Mendota Heights Planning Commission Meeting -DRAFTPage 2 5/26/15 Planning Commission Packet - Page 3 91Chair Field advised the City Council would consider this application at its May 5, 2015 meeting. 92 93B) PLANNING CASE #2015-11 94City of Mendota Heights 95Proposed amendments to the Wireless Antennas, Towers, and Accessory Structures section of the 96City Code 97 98Planner Nolan Wall explained that the City of Mendota Heights was considering amendments to 99Title 12, Chapter 1, Article D, Section 14 of the City Code concerning Wireless Antennas, Towers, 100and Accessory Structures, which currently require Conditional Use Permit approval. Since 2013 101the City has process five Conditional Use Permit applications for minor improvements to existing 102wireless antenna facilities. The projects typically included equipment change-outs, antenna 103replacements, and interior modifications to existing accessory structures. In all cases those 104improvements did not increase the height of the wireless antenna structure itself or expand the 105footprint of those existing accessory structures. 106 107Similar to other application processes, these conditional use permits do require a public hearing 108and take a significant amount of staff time to process. In addition, staff has heard from applicants 109that the five-week minimum approval process can be burdensome. Based on feedback from the 110Commission and from City Council, staff proposed amendments that would allow certain projects 111to be approved administratively. 112 113Planner Wall shared Draft Ordinance 476, which adds a new section to the City Code to address 114this issue and proposes a few conditions, which would allow for administrative approval.He 115explained that the amendment would not change what an applicant would have to submit; it’s just 116changing how the City would review and approve such applications. 117 118Commissioners asked questions regarding approximately how many applications this would 119remove from requiring Commission/Council approval, suggested the removal of condition 5, 120modification of the language in conditions 3, 4, and 6 \[replace the word “No” with “No material . 121. . ”\], and add clarification language to condition 2. 122 123Chair Field opened the public hearing. 124 125Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 126hearing. 127 128COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 129CLOSE THE PUBLIC HEARING. 130 131AYES: 6 132NAYS: 0 133ABSENT: 1 134 135COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER VIKSNINS, TO 136RECOMMEND APPROVAL OF PLANNING CASE 2015-11, DRAFT ORDINANCE 476 AN April 28, 2015 Mendota Heights Planning Commission Meeting -DRAFTPage 3 5/26/15 Planning Commission Packet - Page 4 137ORDINANCE AMENDING SECTION 12-1D-14 OF THE CITY CODE OF THE CITY OF 138MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING WIRELESS 139ANTENNAS, TOWERS, AND ACCESSORY STRUCTURESWITH THE AMENDMENTS TO 140THE ORDINANCE AS DISCUSSED IN CONDITIONS TWO, THREE, FOUR, AND SIX AND 141THE DELETION OF CONDITION FIVE. 142 143AYES: 6 144NAYS: 0 145ABSENT: 1 146 147Chair Field advised the City Council would consider this application at its May 5, 2015 meeting. 148 Verbal Review 149 150 151Planner Wall gave the following verbal review: 152 153PLANNING CASE #2015-05 154Alltech Engineering/Mendota Management, LLC, 2515 Pilot Knob Road 155Variance Request 156•Approved by the City Council as recommended by the Planning Commission 157 158PLANNING CASE #2015-07 159Nate Wissink, Elevation Homes, 747 Willow Lane 160Lot Split and Wetlands Permit 161•Approved by the City Council as recommended by the Planning Commission 162 163PLANNING CASE #2015-08 164City of Mendota Heights 165Proposed amendments to the Business and License Requirements Title of the City Code (DRAFT 166Ordinance 475) 167•Approved by the City Council as recommended by the Planning Commission 168 Staff Announcements 169 170 171Planner Nolan Wall: 172City Council is holding a workshop meeting on May 12, 2015 from 1:00PM – 4:00 PM. 173Planning-related items to be discussed include a vision for the development of the three 174City-owned properties at The Village; infill and teardown situations in the City; and rental 175licensing. 176The City received a redevelopment planning grant from the Dakota County CDA inthe 177amount of $10,000; the City will be matching an additional $10,000 from city funds to do 178a redevelopment plan for the entire industrial district. Staff is currently working with 179Stantec to develop the scope and will be bringing that for Council approval in the coming 180months. This process will include the Planning Commission as well. 181Another open house to be held for LeMay Shores Development on Wednesday, May 20 at 1826:00 PM. Notices were sent today to the surrounding property owners. April 28, 2015 Mendota Heights Planning Commission Meeting -DRAFTPage 4 5/26/15 Planning Commission Packet - Page 5 183City Clean-Up Day is Saturday, May 2 at Mendakota Park from 8:00 AM – 12:00 PM. 184Shredding services are also being provided this year. 185 186City Engineer John Mazzitello: 187A pre-construction meeting for the utilities andinfrastructure phase of the LeMay Shores 188Development will beheld on Thursday, April 30 so the timing of the open house mentioned 189by Planner Wall will be very appropriate 190Victoria Road Reconstruction Phase 2 bid opening is scheduled for May 14, 2015, 191hopefully to be awarded by Council on May 19, 2015, the construction specifications state 192that they will not be able to start until after June 10, 2015 – which is the last day of school 193for Mendota Elementary –and they must be substantially complete by the Friday before 194Labor Day. 195 Adjournment 196 197 198COMMISSIONER NOONANMOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 199ADJOURN THE MEETING AT 7:31 P.M. 200 201AYES: 6 202NAYS: 0 203ABSENT: 1 April 28, 2015 Mendota Heights Planning Commission Meeting -DRAFTPage 5 5/26/15 Planning Commission Packet - Page 6 DATE: May 26, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-14 Proposed Code Amendments – Trade School Definition APPLICANT: City of Mendota Heights PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: N/A DESCRIPTION OF THE REQUEST The City is considering amendments to Title 12-1B-2 of the City Code concerning trade schools. BACKGROUND As a result of recent requests to establish different types of educational facilitieswithin the Industrial Zoning District, a code amendment is being proposed to clarify the definition of “trade school.” The current definition was amended by Ordinance 391 in 2004 (attached). ANALYSIS The Code allows “Trade schools and colleges or universities, without accessory housing \[12-1G-1\]” as a permitted nonmanufacturing use and “Trade schools, colleges, and universities with accessory housing for the students of the school only \[12-1G-2\]”as a conditional use in the Industrial District. “Trade School” is currently defined as: TRADE SCHOOL: An educational institution, either private or public, which offers classes and training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields \[12-1B-2\]. DRAFT Ordinance 477 (attached) includes the following amended definition: TRADE SCHOOL: A privately-owned, post-secondary, skill-based educational institutionwhichoffers completion programs that issue certificates, diplomas, and degrees; and certified training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields. Trade school uses that occupy the Industrial District are post-secondary institutions. The use category also includes “colleges or universities,” both ofwhich are post-secondary in nature, and were specifically discussed by the City Council and added by Ordinance 391. 5/26/15 Planning Commission Packet - Page 7 ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1.Recommendapproval of DRAFT Ordinance 477, as presented or as amended by the Commission. OR 2.Recommend denial of DRAFT Ordinance 477. OR 3.Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendment. If acceptable to the Commission, action can be taken at this month’s meeting. Staff would proposeto bring back any substantial revisions for reviewand further discussionat a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1.Ordinance 391 2.DRAFT Ordinance 477 3.Planning Application, including supporting materials 5/26/15 Planning Commission Packet - Page 8 5/26/15 Planning Commission Packet - Page 9 5/26/15 Planning Commission Packet - Page 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 477 AN ORDINANCE AMENDING TITLE 12-1B-2 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING TRADE SCHOOLS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 12-1B-2 is hereby amended as follows: TRADE SCHOOL: Anprivately-owned, post-secondary, skill-based educational institution, either private or public, which offers classescompletion programs that issue certificates, diplomas, anddegrees;and certifiedtraining to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields. Section 2. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this ### day of Month, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk DRAFT – 05.26.15 Planning Commission Review page 1 of 1 5/26/15 Planning Commission Packet - Page 11 5/26/15 Planning Commission Packet - Page 12 5/26/15 Planning Commission Packet - Page 13 5/26/15 Planning Commission Packet - Page 14 DATE: May 26, 2015 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2015-15 Proposed Code Amendments – Single-family Residential Construction APPLICANT: City of Mendota Heights PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: N/A DESCRIPTION OF THE REQUEST The City is considering amendments to Title 12-1E of the City Code concerning minimum requirements for single-family residential districts. BACKGROUND Mendota Heights is nearly fully-developed and remains an attractive place to live. As a result, lot splits and teardowns will continue to be prevalent in areas containing large lots and aging housing stock. The City Council has discussed several issues surrounding infill development and teardowns at past workshops and directed staff to bring forward potential code amendments for review and discussion. The R-1 One-Family Zoning District is predominate among residentialland uses in the City. Barring unusual site conditions, a lot zoned R-1 over30,000 square feet and 200 feet of frontage on a developed right-of-way can be split into two conforming lots. Surrounding property owners have voiced concerns about how these subdivisions relate to consistency and character of the existingneighborhood. However, it’s difficult to deny a subdivision request that complies with the applicable zoning regulations. In addition, discussion on the design and location of a new dwelling is most often not relevant to the subdivision request. This situation has left the City facing approval of subdivision requests that raise issues of neighborhood compatibly and opposition. As a result, balancing concerns regarding change and reinvestment in the housing stock is challenging. ANALYSIS DRAFT Ordinance 478 (attached) includes the following proposed code amendments: Dwelling Dimensions Title 12-1E-1(A)(2) currently reads: Dimensions: The shortest dimension of any single-family dwelling shall be twenty two feet (22'), exclusive of porches and other appurtenances. The longest dimension shall not exceed three (3) times the shortest dimension. 5/26/15 Planning Commission Packet - Page 15 The intent is most likely to prevent long, narrow dwellings. However, the existing language is vague and difficult to interpret based on new home designs that feature a variety of design features. The proposed language in DRAFT Ordinance 478 has the same intent, but clarifies how the dimensions are determined: Dimensions: Single-family dwellings shall be no less than twenty two feet (22') in width, exclusive of porches and other projections. The maximum length dimension shall not exceed three (3) times the shortest minimum width dimension. First Floor Elevation In order to ensure new homes are not intentionally constructed to tower over adjacent existing homes, the height of the new first floor elevation can be limited. DRAFT Ordinance 478 includes the following: First Floor Elevation: a.Teardown and construction of new single-family dwellings and additions, modifications, and alterations to existing dwellings shall not raise the first floor elevation more than one (1) foot above the existing condition. b.In the case of a split-level dwelling, the existing first floor elevation is the lowest elevation of an entrance to the dwelling, excluding entrances to the garage and those that do not face the street. c.By conditional use permit, the first floor elevation may be increased by more than one (1) foot from the existing condition in order to meet one or more of the following conditions: 1.Elevate the lowest level of the dwelling to an elevation of two (2) feet above the 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA). 2.Protect the dwelling from groundwater intrusion. Existing groundwater elevation shall be determined by a professional registered engineer in the State of Minnesota or by a certified hydrologist and provided for review and consideration. 3.Meet state building code, City Code or other statutory requirements. The proposed amendment is based on the City of Edina’s existing regulations. As proposed, the first floor elevation could be increased by more than one foot by conditional use permit in order to addressthe proposed conditions. Construction Standards In most recent cases, lot splits have included demolition of the existing structures on the parent parcel and the inevitable construction of two new single-family dwellings on the newly-created lots. Demolition is often required in order to eliminate setback non-conformities with the existing structures as a result of the proposed lot split. In addition, the age and condition of the existing structures and desires of new homeowners also influence whether they are demolished or not. Most new homebuilders want 3-car garages, mudrooms, open floor plans, and other updated design features. Unfortunately, most of the homes recently demolished don’t meet those needs, or would require significant renovations if retained by a new owner. Many of the complaints staff receives regarding new homes are related to nuisances caused by construction activity, including noise, traffic, debris, and parking. DRAFT Ordinance 478 includes the following: Construction Standards: All construction activities, including additions to existing structures, are required to comply with the requirements below. Failure to comply with any of the requirements may result in issuance of stop-work orders, fines, revocation of contractorlicenses, and enforcement of the penalty provisions in section 12-1L-11 of this chapter. 1.Hours of operation for exterior construction activities are limited to 7:00 AM –7:00 PM Monday through Friday and 9:00 AM – 5:00 PM on Weekends. 2.An Erosion and Sediment Control Plan must be approved by the Engineering Department to be implemented and properly maintained at all times, in accordance with section 11-6 of this code the City’s Land Disturbance Guidance Document. 3.Streets and surrounding properties shall be free of debris and mud at the end of each workday. 4.Dumpsters placed on-site for more than ten (10) consecutive days during construction activities must be covered or have lids that close and secure to contain debris. 5/26/15 Planning Commission Packet - Page 16 5.Storage of construction and landscaping materials, dumpsters, portable restroom facilities, and other equipment within the right-of-way is prohibited. 6.The permit holder must repair any damage to public or private property within three (3) working days from a notice beingissued by the City. 7.When possible, contractor vehicle parking should be limited to one side of the street to allow adequate space for two-way traffic, emergency service vehicles, and city maintenance vehicles. ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1.Recommendapproval of DRAFT Ordinance 478, as presented or as amended by the Commission. OR 2.Recommend denial of DRAFT Ordinance 478. OR 3.Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendment. If acceptable to the Commission, action can be taken at this month’s meeting. Staff would proposeto bring back any substantial revisions for reviewand further discussionat a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1.DRAFT Ordinance 478 2.Planning Application, including supporting materials 5/26/15 Planning Commission Packet - Page 17 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 478 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE E OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING DEFINITIONS AND MINIMUM REQUIREMENTS FOR SINGLE-FAMILY RESIDENTIAL DISTRICTS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 12-1E-1(A)(2) is hereby amended as follows: Dimensions: The shortest dimension of any sSingle-family dwellings shall be no less thantwenty two feet (22') in width, exclusive of porches and other projectionsappurtenances. Themaximum length longest dimension shall not exceed three (3) times the shortest width dimension. Section 2. Title 12-1E-1(A)(5) is hereby added as follows: First Floor Elevation: a.Teardown and construction of new single-family dwellings and additions, modifications, and alterations to existing dwellings shall not raise the first floor elevation more than one (1) foot above the existing condition. b.In the case of a split-level dwelling, the existing first floor elevation is the lowest elevation of an entrance to the dwelling, excluding entrances to the garage and those that do not face the street. c.By conditional use permit, the first floor elevation may be increased by more than one (1) foot from the existing condition in order to meet one or more of the following conditions: 1.Elevate the lowest level of the dwelling to an elevation of two (2) feet above the 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA). 2.Protect the dwelling from groundwater intrusion. Existing groundwater elevation shall be determined by a professional registered engineer in the State of Minnesota or by a certified hydrologist and provided for review and consideration. 3.Meet state building code, City Code or other statutory requirements. Section 3. Title 12-1E-1(D) is hereby added as follows: Construction Standards: All construction activities, including additions to existing structures, are required to comply with the requirements below. Failure to comply with any of the requirements may result in issuance of stop-work orders, fines, revocation of contractor licenses, and enforcement of the penalty provisions insection 12-1L-11 of this chapter. 1.Hours of operation for exterior construction activities are limited to 7:00 AM – 7:00 PM Monday through Friday and 9:00 AM – 5:00 PM on Weekends. 2.An Erosion and Sediment Control Plan must be approved by the Engineering Department to be implemented and properly maintained at alltimes, in accordance with section 11-6 of this code the City’s Land Disturbance Guidance Document. 3.Streets and surrounding properties shall be free of debris and mud at the end of each workday. DRAFT – 05.26.15 Planning Commission Review page 1 of 2 5/26/15 Planning Commission Packet - Page 18 4.Dumpsters placed on-site for more than ten (10) consecutive daysduring construction activities must be covered or have lidsthat close and secure to contain debris. 5.Storage of construction and landscaping materials, dumpsters, portable restroom facilities, and other equipment within the right-of-way is prohibited. 6.The permit holder must repair any damage to public or private property within three (3) working days from a notice being issued by the City. 7.When possible, contractor vehicle parking should be limited to one side of the street to allow adequate spacefor two-way traffic, emergency service vehicles, and city maintenance vehicles. Section 4. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this ### day of Month, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk DRAFT – 05.26.15 Planning Commission Review page 2 of 2 5/26/15 Planning Commission Packet - Page 19 5/26/15 Planning Commission Packet - Page 20 5/26/15 Planning Commission Packet - Page 21