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1996-03-26 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA .OLANNING COMMISSION MINUTES MARCH 26, 1996 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 26, 1996, 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, Betlej, Lorberbaum, Duggan and Tilsen. Commissioners Koll and Friel were excused. Also present were Public Works Director Jim Danielson, Planning Consultant Lynne Rabuse, Senior Secretary Kim Blaeser and Administrative Intern Patrick Hollister. Commissioner Duggan moved approval of the February 27, 1996 minutes with corrections. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 • HEARINGS: CASE • •: CITY • ,,•, HEIGHTS - • •-r AMENDMENT - • HOUSING Chair Dwyer explained that at their February meeting, the Planning Commission conducted the public hearing to consider the senior housing Zoning Ordinance amendment. He explained that the Commission expressed a concern that the proposed amendment was for public subsidized housing and should not be allowed for private, market rate development. Dwyer explained that the Commission tabled consideration of the amendment until the March meeting to allow time for legal review. Chair Dwyer stated that Commissioner Friel had reviewed the amendment and submitted his comments in writing directly to all Commission members. He stated that the Mayor has also reviewed Commissioner Friel's comments and proposed amendments. Dwyer stated that the Mayor concurs with Commissioner Friel's comments if an exception would be allowed for governmentally owned housing, and then only if the Council makes the legislative decision to do so. Chair Dwyer stated that Mayor Mertensotto has indicated that he would like the Planning Commission to make a recommendation on the HRA Senior Housing project tonight. Dwyer stated that the role of the Commission is to elicit opinions from the public and try to narrow the issues. He stated that he believes that this has been completed and that he believes the Commission should now make a recommendation to City Council. Commissioner Duggan stated that he would like to continue discussions on an Ordinance amendment even if it means that variances will be needed for the HRA project to proceed on to Council review. In response to a question regarding minimum square footage for one and two bedroom units, Mr. Jay Nelson, of BRW Architects, stated that single bedroom units will be between 650 and 665 square feet and two bedroom units will be between 900 and 920 square feet. Commissioner Duggan stated he would like to see the two bedroom units be a minimum of 920 square feet. Commissioner Betlej stated that the plan should be accepted subject to the listing of specific variances as it relates to the existing zoning ordinance. He stated that the proposed zoning ordinance amendment could be discussed at a later time. Chair Dwyer concurred and stated that it is unfair to entangle the HRA proposal with the City's good faith efforts in creating an ordinance amendment. Commissioner Duggan suggested that a representative from the HRA be included during the process of drafting a senior housing ordinance. He inquired if the City is even able to process this application under the existing guidelines of the Comprehensive Plan and Zoning Ordinance. He wondered if the City is leaving itself open for legal problems. Commissioner Duggan moved to table discussion on the senior housing ordinance amendment. A discussion ensued regarding the process of conducting a public hearing on zoning ordinance amendments. Commissioner Duggan withdrew his motion. Chair Dwyer moved to withdraw the senior housing zoning ordinance 2 amendment and to discuss a revised amendment at a later date. Commissioner Lorberbaum seconded the motion. AYES: 5 NAYS: 0 CONTINUED HEARING: DAKOTA COUNTY HRA - COMPREHENSIVE PLAN AMENDMENT, REZONING, SUBDIVISION, CUP FOR MINING AND STRUCTURE GREAT THAN 25 UNITS ANX WETLANDS PERMIT Commissioner Duggan referred to a letter submitted by Commissioner Friel to the Planning Commission regarding the senior housing project. He noted Commissioner Friel's interest in seeing to it that such housing provides adequate living space, adequate community space, adequate parking on an adequate parcel of land in a way that does not significantly and adversely affect adjacent properties and is consistent with -the public health, safety and welfare. Duggan noted Commissioner Friel's concern over the amount and type of community spaces proposed for the new facility. Commissioner Duggan stated that an exercise facility should be included as community space rather than entry halls, lavatories, coatrooms, mailrooms, laundry and stairways. Ms. Kari Gill, Dakota County HRA, stated that the HRA does not provide an exercise room in their facilities but that some of the game rooms at the other senior housing projects in the County have added exercise equipment. Commissioner Duggan stated that the calculations for community space include a large front porch, large front entryway and a large reception area. He stated that these spaces could be reduced to allow for additional room for an exercise area and larger units. He stated that these areas are not really considered community areas. Mr. Nelson responded that these common areas are considered a community areas. He stated that this senior housing proposal is different than a typical commercial proposal in that seniors like and want to promote community togetherness. He stated that the social organization and interaction of the residents in senior housing is important. Mr. Nelson stated that the proposed building will be larger than the existing HRA senior housing buildings. 3 Commissioner Duggan stated that he would like to see the HRA "give a little" since the City is "giving a little". Ms. Gill stated that she will see if there is an opportunity to create additional space for the exercise room. Commissioner Duggan moved to close the public hearing. Commissioner Lorberbaum seconded the motion. Commissioner Betlej moved to recommend that the City Council approve the senior housing proposal subject to the following: preliminary plat approval; the facility remain as senior housing in perpetuity; the facility remain as governmentally owned housing; that a minimum of 40 of the 65 units be available to low/moderate income and that the facility be operated for people 55 years of age and older and their spouses; that a comprehensive plan amendment be granted; that the zoning be amended to an R-3 designation; that variances be granted to allow for the following: 1. Lot area: To provide 65 units on 4.41 acres of land. 2. Parking: To provide 55 internal parking spaces, 27 external parking spaces and 9 proof -of -parking. 3. Unit Size: To provide a minimum of 650 square feet for one bedroom units and a minimum of 900 square feet for two bedroom units. Three bedroom units are not allowed. 4. Storage: 50 percent of the requirement in Section 12.7(7). To grant Conditional Use Permits as required for unit structure larger than 25 and for Mining which would allow for the removal of the fill from the site all as presented to the Planning Commission by the Dakota County HRA in their application material titled City Case No. 96-04. Chair Dwyer seconded the motion. Commissioner Duggan inquired about storage space and whether there will be adequate space under the R-3 Zoning designation. Commissioner Duggan offered a friendly amendment by adding that a minimum of 1000 square feet be provided for an exercise room. Dr. Gregory Lee, of the Dodge Nature Center, inquired about the variance process. He inquired about hardship and uniqueness. Chair Dwyer stated that there is a practical difficulty in that shape of the land available impedes 2 the use of the property. Lee stated that he believes the HRA is asking for variances on a piece of property that they do not even own. Chair Dwyer responded that the Planning Commission is recommending that the Council approve this request because the proposed senior housing project is a proper use for this property. He stated that while there are inconsistencies with the City's ordinance, the proposed use is a benefit to the City. Ms. Yvette Mullen, 1664 Celia Road, stated that she is in favor of the request moving forward and that these developments are aesthetically pleasing. She further stated that these developments offer spacious homes and helps the low/moderate income seniors. AYES: 5 NAYS: 0 CASE NO. 96-04: DUGGAN- WETLANDS PERMIT— Mr. Ultan Duggan, of 2331 Copperfield Drive, was present to discuss his request for a Wetlands Permit which would allow the installation of sub- surface drain tile system to alleviate his basement water problem. Mr. Duggan explained that the majority of the project is outside of the 100 foot wetlands boundary but the outlet is constructed within 50 feet of the wetlands. Duggan stated that poor drainage affects not only the pool area but the basement of the residence as well. Duggan explained that the underground drainage system is designed to capture underground water and move it away from the home and the swimming pool patio area and discharge twenty feet away from the pond. He stated that this is all taking place in a landscaped yard and will not have any affect on the naturalize vegetation or change the contour of the land except adjacent to the home which is beyond the 100 foot setback. Duggan stated that soil erosion protection will be used and that this project will take approximately 4-6 weeks. Chair Dwyer stated that all signatures of consent have been received. Commissioner Lorberbaum moved to waive the public hearing. A Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 ABSTAIN: 1,DUGGAN Chair Dwyer moved to recommend that the City Council approve the request for a Wetlands Permit. Commissioner Lorberbaum seconded the motion. AYES: 4 NAYS: 0 ABSTAIN: 1 HEARING: CASE NO. 96-07 - Dr -• HOMES - SUBDIVISION/PRELIMINARY PLAT, FRONT YARD SETBACK AND LOT WIDTH VARIANCE Mr. John Mathern, of Mendota Homes, was present to discuss his request for subdivision/preliminary plat approval and variance for street width, front yard setback and lot width which would create an eight lot subdivision on Lots 1, 2, 3 and 4, Tuminelly's Court. Chair Dwyer explained that Carmen Tuminelly had platted previously four lots off of a cul-de-sac called Carmen Lane. He explained that that plat accommodated the present home on the site and required minimal public improvements. Dwyer explained that previously Mr. Tuminelly with Mendota Homes had submitted a pre -application to the City to place a townhome development on the property. Dwyer stated that pre -application was not approved. Mr. Mathern explained that the parcel of land consists of 3.49 acres with proposed lots containing 15,000 square feet or more. The eight lots are configured around a cul-de-sac which extends off of the Highway 110 frontage road. Mathern stated that two lots on the cul-de-sac invade on the front yard setback (Lots 2 and 3). He explained that these lots wrap around the end of the cul-de-sac reducing the available building area. Mathern explained that proposed housing pads have been provided as an example of building size. He explained that Lot 6 is a flag lot similar to the lots previously approved with a 100 -foot lot dimension about 60 -feet back from the proposed street. 6 Mathern explained that he is asking for a variance for width of the road right-of-way from the required 60 feet to a 55 foot width. Mathern explained that this has been granted in other subdivisions in the City. He explained that the normal street section is proposed to be placed within the 55 foot right-of-way. Chair Dwyer inquired if Mr. Mathern has met with the Crown Point neighborhood residents. Mr. Mathern responded no. In response to a question from Chair Dwyer, Mr. Mathern stated that the price range for these homes will be from $250,000 and up. He stated this price includes the lot. He stated that are a lot of improvements with the construction of the cul-de-sac. Mr. Mathern explained that the existing brick house will be moved to Lot 8 and that the garage will be reduced from a four car garage to a 2 car garage. He stated that the large brick house currently overwhelms the property and that by moving the house, it will open the development. He stated that the brick will .be painted to help. tone down the house and be more in keeping with the proposed neighborhood. Mathern stated the existing basement will be filled in. Mathern explained that there will be a mix of one and two story homes with the homes on Lots 2, 3 and 4 having the ability of creating walkouts. In response to a question from Chair Dwyer, Planner Rabuse stated that the maximum length of a cul-de-sac, in Mendota Heights, is 500 feet. She explained that the proposed cul-de-sac will be 400 feet and located at the end of an existing cul-de-sac. Mathern stated that in order to meet the 15,000 square foot lot minimum, Lot 5 has a tail extending adjacent to Lot 6 that is not usable but platted to obtain 15,000 square feet. He further stated that he would be willing to work within the parameters of the zoning ordinance regarding lot setbacks and lot width. Commissioner Tilsen stated that this proposal is too crowded. He stated there are too many variances and that the house pads shown are generous. He further stated that the developer is creating a longer cul-de-sac to satisfy his development. He stated that he believes the market to be much worse in selling $250,000 homes in this area. Chair Dwyer inquired if variances are necessary. Mr. Mathern stated that 7 Lots 2 and 3 are not an issue and that he would consider redesigning these lots. He stated that the right-of-way variance is necessary and that it has been done in the past. He stated that a full width street is being installed. Mathern stated he did not design the access of the property. Chair Dwyer suggested that the plat be reduced to 7 lots which would make the lots larger and reduce the number of variances. Mathern stated he was not sure this will work and that he does not understand the Commission's concern regarding the right-of-way variance because a full width street will be installed. Tilsen stated that the right-of-way variance pushes the houses closer to the street. Tilsen stated that shape of the lots create a crowed atmosphere. Commissioner Duggan stated that the original plat was approved as a four lot subdivision and that he does not want to change the plat. He noted his concern for the lack of sales with a 4 lot subdivision. Duggan stated that he would consider a 6 or 7 lot division without variances. Duggan inquired if any other designs had been considered. Mr. Mathern stated that they had reviewed other ideas which included a hammerhead cul-de-sac. Duggan inquired about the curve in the street. Public Works Director Danielson stated that it is not unusual to have a street extension off of an existing cul- de-sac. He stated traffic moves slowly and with a full size street, parking will be allowed on both sides of the street. Commissioner Tilsen inquired if the frontage road should be widened. Public Works Director stated that if the road were to be widened, the existing evergreen trees would have to be removed. He confirmed that the road width is substandard. Mr. Mathern stated that with the widening of the frontage road, the street would not only impact the evergreen trees but also encroach on the existing parcels of land. Additional right-of-way was discussed. Commissioner Betlej stated that two cars cannot pass on the road as it exists today. Commissioner Lorberbaum stated that Mr. Mathern had originally indicated, in a previous proposal for townhomes, that this site is not suitable for single family homes. Mr. Mathern stated that he does not believe the buyers have changed. He stated that he his trying to work within the City's parameters. Commissioner Lorberbaum inquired if there will be covenants enforced. Mr. Mathern stated that most developments enact covenants. Commissioner Lorberbaum stated that the price of the existing four single family lots might have been an issue in why they did not sell to begin with. Mr. Mathern stated that the proposed price of the new lots will be between E: $70,000 and $100,000. Commissioner Lorberbaurn stated her concern for the length of the cul-de- sac and public safety issues. She further stated that she would rather see Lot 5 made a smaller lot rather than make it an irregular shape lot. In response to a question from the Commission, Mr. Mathern stated a silt fence will be in place to help control erosion. Commissioner Betlej inquired about the highway location and how it may impact the sale of property both in the past development and the proposed development. Mr. Mathern explained that the past development was designed in a pie shape. He stated that the highway impacted Lots 1, 2 and 3. He stated that with the proposed development, the front yards will be staggered and that the highway will not directly impact the front yards. He stated that additional plantings will also help. He stated that there was a poor design the first time through. He informed the Commission that he has people interested in Lot 2. A discussion ensued regarding additional landscaping for Lots 2 and 3 and the irregular shape of Lot 5. The Commission also discussed shortening the cul-de-sac and how that might impact the size of Lot 4 and the possible need for a setback variance should the cul-de-sac be reduced in length. Chair Dwyer opened the meeting to the public. A resident from 879 Crown Circle, inquired about the cul-de-sac and length restriction. Public Works Director stated that the frontage road will need to be widened. The resident also inquired about the park trail and who would pay for the any improvements. He stated that the existing homeowners should not have to bear the burden of expenses. He also stated that $70,000 to $90,000 lot prices are excessive for this area. He also informed the Commission that a right turn lane needs to be address for traffic heading west bound on Highway 110 into the Crown Point neighborhood. A resident from 1981 Crown Point Drive, informed the Commission that he is also very concerned for safety and how the proposed development will increase the traffic. He further stated that he would like to see the proposed homes keep in character with the Crown Point neighborhood. Mr. Leitner, 897 Highway 110, stated that the frontage road is a real problem and that the City should address the safety concerns. He noted his concern for soil erosion and how the proposed development would affect 9 his garden. He stated he would like a berm constructed to block the runoff to his property. He noted his dissatisfaction with moving the existing brick house right next to his house. A resident from 1977 Crown Point noted his concern for the number of families that will move into the area and how it will create additional traffic hazards. Mr. O'Gara, Crown Point resident, stated that he was under the impression that the original four lot development would not be changed. He stated that the prices of the lots have been too excessive. He stated that he believes it would be a mistake to approve an eight lot development and the City should keep the development as a four lot plat. Chair Dwyer moved to close the public hearing. Commissioner Lorberbaum seconded the motion. AYES: 5 NAYS: 0 Commissioner Duggan suggested that the Commission table Mr. Mathern's request until City staff is able to determine if the frontage road could be widened without impacting the existing property owners. Commissioner Lorberbaum moved to recommend that the City Council deny the requested subdivision/preliminary plat and front yard setback and lot width variances. Commissioner Duggan seconded the motion. The Commission found that the City had approved this property as a four lot subdivision and that this is still an appropriate development size. AYES: 5 NAYS: 0 VERBAL REVIEW Public Works Director Danielson briefed the Planning Commission on recent City Council actions regarding recent planning cases. There being no further business, the Planning Commission moved to adjourn ffel its meeting at 9:50 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary