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1998-01-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JANUARY 27, 1998 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 27, 1998, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following members were present: Dwyer, Koll, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Friel moved approval of the November 25, 1998 minutes with corrections. Commissioner Betlej seconded the motion. AYES: 7 NAYS: 0 CASE NO. 97-42: PARK - VARIANCE Chair Dwyer explained that at their November 25, 1997 meeting, the Commission voted to continue discussion on Mr. Park's request for a variance which would allow the construction of a fence at 2246 Field Stone Drive which would allow time for the applicant and the applicant's neighbor, Mr. John Parritz, to answer questions about the proposed fence. Mr. John Parritz, neighbor directly impacted with the construction of the fence, informed the Commission that he is the driving force behind the Parks requesting the variance. He stated that he would like to see Mr. Krohn's fence, located along Delaware Avenue just south of Huber Drive, be extended. He stated that the fence extension will follow the same track as the existing fence and will be built with the same color and style. Mr. Parritz explained that he experienced a burglary in September and at that time, the Police Department suggested that a fence be constructed. He stated that the fence would be placed on the Parks' property and that they, along with other neighbors in the area, agreed and all signed the signature of consentform. PLANNING COMMISSION MINUTES - JANUARY 27, 1998 Chair Dwyer explained that the Parks' property is bounded by two parallel streets which creates a hardship. He stated that the request encompasses a height and 30 percent opacity variance. Mr. Parritz provided the Commission with photographs which illustrated the existing fence. He stated that he would like for the fence to extend as far as it can. Chair Dwyer stated that the existing fence seems a little unstable. Commissioner Tilsen stated that the area is wooded and that he would like to see the woods maintained on both sides of the fence. Mr. Parritz stated that he intends to fill in the old road and return it to its natural state. Commissioner Koll stated that the area is highly visible and that additional shrubbery will help. Chair Dwyer noted his concern for establishing a precedent with other neighbors in the area who may choose to extend the fence through their backyards. He stated that he does not want to create a "gated community" Mr. Parritz informed the Commission that this would be hard to do because the topography of the land would not allow the extension of the fence. Commissioner Friel informed the Commission that this request is yet another example of why the Council should consider amending the Ordinance to allow variances where no clear hardship exists but there is minimal input and consent from the neighbors. He stated that he felt no real hardship has been established. He stated that by approving such a request, leaves the door open for other homes in the City who have double frontage. Commissioner Betlej inquired if the old fence posts would be removed. Mr. Parritz responded yes. Betlej stated that the drawing indicates that a portion of the fence will be on Mr. Parritz's property. Mr. Parritz explained that plan. Commissioner Duggan stated that it would be nice if the end of the fence staggered down. Mr. Parritz explained how the fence would be constructed and that staggering the fence would not work within the terrain and that the current design would be more aesthetically pleasing. He explained that the fence height will not be higher than six feet because where needed, the grade will be raised. Commissioner Duggan moved to waive the public hearing. Commissioner Lorberbaum seconded the motion. AYES: 7 NAYS: 0 PLANNING COMMISSION MINUTES - JANUARY 27, 1998 2 Commissioner Lorberbaum moved to recommend that the City Council grant a three foot variance for a six foot solid board fence with the following conditions: 1 The side of the fence considered to be the face (the side opposite the post) shall face Delaware Avenue. 2. The fence shall be located entirely on the Parks' property. 3. The fence extend south from the existing fence and match in materials and color. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1, FRIEL HEARING: CASE NO. 97-42: RATCHYE - LOT ADJUSTMENT Mr. Boyd Ratchye, of 970 Wagon Wheel Trail, was present to discuss his request for a lot adjustment of 3,630 square feet of property between the properties at 970 and 980 Wagon Wheel Trail. Mr. Ratchye explained that the homes at 970 and 980 Wagon Wheel Trail share an access drive. He explained that Mr. and Mrs. Pabst, 980 Wagon Wheel Trail, had originally owned the land and when they subdivided their property, a flag lot was created. He stated that the Pabsts have agreed to deed his front yard (Parcel C) to himself and his wife. Commissioner Betlej stated that the lot adjustment will create a problem with the Pabst's driveway setback. He stated that this lot adjustment will create the need for a five foot variance. Commissioner Tilsen stated that the distance between the corner and the new lot line also seems minimal. Mr. Ratchye stated that the driveway is a horse shoe design and is shared by three homeowners and that there have been no problems with using the driveway. He stated that the driveway is wide enough for two cars to pass. Commissioners Tilsen and Betlej noted their concerns with creating a non- complying use. Commissioner Duggan moved to close the public hearing. PLANNING COMMISSION MINUTES - JANUARY 27, 9998 3 Commissioner Friel seconded the motion. Commissioner Friel moved to recommend that the City Council approve the lot adjustment for 970 and 980 Wagon Wheel Trail be approved. Commissioner Koll seconded the motion. AYES: 6 NAYS: 1, BETLEJ i'NEARIFI,G: CASE NO. 98-1: COPA@V0*T=J1WUf Ms. Emily Comb, of 636 South Freeway Road, was present to discuss her request for a subdivision of one lot into two located at 636 South Freeway Road. Chair Dwyer stated that with this subdivision, each of the new lots would meet the subdivision and zoning requirements. He stated that access to the new lot would be from South Lane. Chair Dwyer informed the Commission that a letter had been received from Mr. and Mrs. Philip Goldman, of 1926 South Lane, who expressed their concerns that by granting this subdivision, it is done so in a manner that will not require any variances and create a bad precedent, or otherwise affect the issues raised in 1988 when their neighbors at 1940 South Lane requested a subdivision with a variance. Commissioner Tilsen noted his concern with a portion of the lot, where the shed is located, seemed low. He inquired if it is a buildable lot. Ms. Comb stated that she mows the area and that it is not low. She stated that there has never been standing water in this area. Commissioner Duggan stated that the survey indicates a five foot drop in this area. Commissioner Tilsen stated that he would like some history on this lot. He inquired if utilities are available to this lot. Public Works Director Danielson stated that sewer and water is in the street. In response to a question regarding drainage, Public Works Director Danielson stated that it appears that the drainage would flow to the south and southeast. He stated that he does not anticipate any problems with drainage in this area. Commissioner Friel reminded the Commission that Ms. Comb is applying for PLANNING COMMISSION MINUTES -JANUARY 27, 1998 4 a subdivision and that her request meets the requirements under the Subdivision Ordinance. Commissioner Tilsen stated that he is concerned with a lot being created within an infill development where planning issues may not have been handled most appropriately in the past. He inquired if a drainage easement is necessary. Betlej stated that the drainage and utility easements should be a part of the survey. Betlej inquired if the shed will be removed. Ms. Comb responded yes. Chair Dwyer opened the meeting to the public. There was no one present to discuss this issue. Commissioner Duggan moved to close the public hearing. Commissioner Lorberbaum seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to recommend that the City Council approve the Subdivision for 636 South Freeway Road as it meets the ordinance requirements for subdividing one lot into two lots with the following conditions: 1. That the significant trees on the southern portion of the lot be saved and protected during construction; and 2. That the shed be removed. Commissioner Lorberbaum seconded the motion. AYES: 7 NAYS: 0 CASE NO. 98-03: THORBECK - CONCEPT PUD DISCUSSION Mr. Duane Thorbeck, of Thor Company, was present to discuss a request for concept plan review for a residential Planned Unit Development for 9.4 acres of land located on the northwest corner of Delaware Avenue and Huber Drive. Mr. Thorbeck introduced Sharon Thorbeck and the owners of the 9.4 acres, Mr. and Mrs. Roger Shepard to the Commission. PLANNING COMMISSION MINUTES - JANUARY 27, 1998 5 Mr. Thorbeck stated that he lives in this area and that he believes that the proposed development lends itself to be developed as a unique concept. He stated that the landscaping will dictate the home sites within this development. He further stated that with the platting of this development, land for a turn lane from Delaware Avenue to Huber Drive would be dedicated to the County. Thorbeck stated that the homes are proposed to be "nestled" into the landscape, and that each home will be designed specifically for its site and designed of an "organic architecture of horizontal lines and planes, with details abstracted from the prairie/country environment. He stated that a new street to, serve the development will be designed as a country lane of 24 feet in width, with ditch drainage versus curb and gutter. He stated that they would like to explore the possibility of this road being a private street. Thorbeck stated that the power lines on the south side of the property will remain undisturbed. He stated that the buffer along Delaware Will be adjusted and that they will be working with the County to create landscaping along this street. He stated that they are considering planting coniferous trees. Thorbeck stated that this development will be pursued in four phases. He explained that the first phase will develop the road and five houses. He stated that the second and third phase will add more homes to the development. Regarding Phase 4, he and his wife have first option to purchase the Shepard home and remaining land. Thorbeck stated that the proposed planned unit development is slightly less than the Zoning Ordinance requirement of 10 acres. He stated that this property has many natural features to be taken into account when the lots are designed and that the PUD process is appropriate in this case. He stated the lot sizes average 40,000 square feet. Chair Dwyer inquired about the construction time line. Mr. Thorbeck stated that they hope to begin in April 1998. Chair Dwyer inquired if there have been discussions with Dakota County to turn the Shepard's driveway into a curb cut on Delaware Avenue. Mr. Thorbeck responded no. He explained that a cul-de-sac will be constructed and that a through road to Delaware Avenue will be completed when Phase 4 is completed. Commissioner Koll inquired if there will be a homeowner's association. Mr. PLANNING COMMISSION MINUTES - JANUARY 27, 1998 6 Thorbeck stated yes, if the road private. Commissioner Friel stated that he has concerns for private streets. He stated that private streets become public streets at the expense of the community. He stated that he is concerned that there will not be adequate turnaround spacing for public safety vehicles. Thorbeck stated that the proposed length of the cul-de-sac is 600 feet. Chair Dwyer inquired if there will be a curb cut on Huber Drive. Commissioner Tilsen inquired about the drainage. Mr. Thorbeck explained that an overflow outlet will flow to Huber Drive and into the storm sewer. Tilsen inquired if the developer will maintain the setback requirements for wetlands. Thorbeck stated that the footprints may be within the 100 foot high level water mark. Tilsen stated that there is high level of vehicle noise on Delaware Avenue. He stated that Lot 1 appears to be close to Delaware Avenue and he inquired how the developer intends to create noise buffers. Thorbeck responded that earth berms will deflect the noise. Commissioner Betlej wondered if it is good policy for the City to approve a development with roads without curb and gutter when the City is currently in the process of reconstructing roads in the community currently without curb and gutter. Commissioner Duggan stated that the proposed road is within keeping of the proposed development. He also confirmed that the City allows 500 foot cul-de-sacs. In response to a question from Commissioner Tilsen, Public Works Director Danielson stated that it is best to develop public streets. He stated public services such as snow plowing, street patching and seal coating are not provided to private streets. Commissioner Duggan stated that it will take approximately six years for the entire development to be completed and that during this time, there will be no through street to Delaware Avenue. Mr. Thorbeck concurred. Commissioner Duggan stated that the plan appears to be excellent and in keeping with the area. Commissioner Koll concurred. She stated that she is concerned with approving a development with private streets. Commissioner Friel concurred. Commissioner Tilsen suggested that it may be an easier to not process this development as a PUD. He stated that the developer may be able to meet the lot sizes and setback requirements without a PUD. Mr. Thorbeck stated that they would like to pursue this development as a PUD because of the character of the land. PLANNING COMMISSION MINUTES - JANUARY 27, 1998 7 DISCUSS SIBLEY ACTIVITY CENTER PROPOSAL Administrative Assistant Hollister informed the Commission that the City Council has requested that the Planning and Parks and Recreation Commissions review materials and to share their reactions related to the Sibley Activity Center. Hollister informed the Commission that the information given to the City, at this time, is that the City contribute $15,000 a year towards the activity center. Chair Dwyer stated that he had recently visited the Woodbury facility and thought it to be an impressive and gorgeous facility. He stated that it would be wonderful to have such a facility available for the community to use. He inquired about the School District's priorities in that they are currently reducing its budget, in particular, bus transportation. Mr. David Jackson, Activity Center Task Force member and ISD No. 197 School Board Member, stated that there are two versions of the activity center. He stated that they have been researching the Woodbury site. He informed the Commission that they are considering including a swimming pool along with a soccer dome and hockey rink along with space for a senior center. Jackson stated that the school board has received a petition calling for a special bond election to finance the construction of an activity center on the campus of Henry Sibley High School. He explained that the task force has received positive comments from St. Thomas Academy, Visitation, Eagan, WSP, Mendota Heights Athletic, Sting parents, Sibley Area Hockey, Sibley Wings (girls hockey) and Sibley football. He stated that these are good and solid endorsements. Jackson informed the Commission that the at the present time, the School Board has requested opinions from the State Attorney General's Office concerning some issue with the petition calling for a special bond election. He stated that the task force is hopeful for a spring special election. (I PLANNING COMMISSION MINUTES -JANUARY 27, 9998 1 8 Jackson submitted a fact sheet which included an analysis of cashf low and information on the following: 1. Senior Community Center - 12, 000 square feet 2. Ice Arena - 35,000 square feet (plus) 3. Soccer Dome - 45,000 (plus) square feet playing surface 4. Swimming Pool 5. Benefits Jackson stated that the cash flow analysis does not included cost estimates related to the swimming pool. Commissioner Tilsen inquired if the activity center will create a new footprint on the campus site. Mr. Jackson explained that the south side of the building, lower lot area which runs parallel with Delaware Avenue has been considered. He added that they are considering the old tennis court site, football practice hill and also the old loading dock area. Jackson stated that they would also like to construct a water feature pool, similar to the one in South St. Paul in this area as well. Jackson informed the Commission that the task force is. privately funded and low. on cash and that no other scenarios have been pursued. In response to a question from Commissioner Friel regarding financial commitment with the City, Mr. Jackson stated that they hope to receive $30,000 from Cities of Mendota Heights and West St. Paul. He stated that this amount will not make or break this deal. He added that it is hoped that the facility will generate its own revenue from ice time and soccer commitments. Chair Dwyer asked Mr. Jackson to explained if the district is experiencing budget cutbacks. Jackson responded that there is always a period of adjustment (speaking about the two middle schools). He stated that reductions are a part of an annual process. Chair Dwyer inquired how the school board feels about this proposal. Mr. Jackson stated the majority of the board is opposed to the plan. The Commission briefly discussed their concerns about the feasibility of being able to fund the facility without public tax support. Mr. Jackson stated that the task force would like to go to the community and solicit escrow funds. He explained that the escrow would help prevent another levy should funds run low. He stated that the Inver Grove Heights arena has done this. Jackson stated that he has spoken with professional groups and architects PLANNING COMMISSION MINUTES - JANUARY 27, 1998 9 who have stated that they do not know of an arena that does not pay for itself. Commissioner Duggan suggested that a more comprehensive plan be submitted. Jackson explained that the task force is running very low on funds. He stated that to arrive at the plans they have, several companies have donated their services. Commissioner Koll stated that she would like to see additional need assessments. She stated that she feels the need for a more cohesive community. She stated she would like to see this center include a teen center, child care facility, coffee house and library. Commissioner Friel stated that the School District should consider not holding the election in a single place. He stated that while the District believes they are saving money in keeping the election in one place, it is denying people the opportunity to cast a ballot because they normally vote in a different precinct. Mr. Jackson stated that his point is well taken. Commissioner Tilsen stated that he has seen many facilities and that this is an opportunity for our youth to play in their own facility. He stated this is a great opportunity for the community and that he is anxious to see how this is debated over the months to come. Tilsen further stated that this activity center is a separate issue from district issues. He stated that he is very concerned with the current state of the school district's budget and the anticipated cuts related to staff and transportation. Chair Dwyer noted that the majority of the Commission seems intrigued and somewhat excited about the possibility of having an indoor hockey, soccer, swimming pool and senior facility built within the district. He stated that the Commission would like to see the feasibility and cost factors be further explored before the City makes any commitments. DISCUSS COMPREHENSIVE PLAN LAND USE ANALYSIS Planner McMonigal was present to update the Planning Commission on the Comprehensive Plan amendment process. She explained that she has been working on items specifically identified by the City Council and advisory commissions as high priority issues. The following priority issues were identified: PLANNING COMMISSION MINUTES - JANUARY 27 1998 10 1 Mississippi Area River Plan 2. Airport Noise Issues - Action Plan 3. Land Use - Vacant Land She explained that the Garron/Acacia site and Resurrection site are two of the five sites the City has identified as high priority sites. Planner McMonigal stated that there are no development proposals for the Garron/Acacia site. She stated that the Garron site is 5.5 acres and the Acacia site is 17 acres. Mr. John Allen owns the Garron site and Acacia Cemetery owns the Acacia site. Planner McMonigal explained the Garron site is adjacent to Highway 55 and sits on the second bluff line of the Minnesota River. She stated that the most distinctive features of this site are the views of Fort Snelling, downtown Minneapolis and the river valley. She stated that access to Garron/Acacia sites is somewhat difficult. McMonigal stated that this area is known as a gateway to the community. She stated that the Comprehensive Plan designation is High Density Residential and the Zoning is Business Park and High Density Residential. Regarding the description of land use issues, McMonigal stated that this site is located in the Met Council's airport noise zone 3. While residential development with a shared entrance is currently consistent with the City's noise attenuation ordinance, under the newly revised Aviation Policy Plan of the Met Council, it is considered inconsistent for new development or conditional or provisional for "infill" development. The Commission inquired about the Met Council's definition for "infill". Planner McMonigal stated she would research the definition and provide the information to the Commission in February. McMonigal stated that this property is designated as B-1 A on the Acacia property which is not consistent with the HR, high density residential use designation on the Comprehensive Plan. She stated that this designation will have to be brought into compliance. McMonigal explained that if this property were to be developed under the existing guidelines this year, high density residential with shared entrances would be permitted. McMonigal further explained that new guidelines have been issued by the Met Council for development within Air Noise Zone 3: educational and medical, (including nursing homes, schools, churches and hospitals); cultural, entertainment and recreational; office, commercial and PLANNING COMMISSION MINUTES - JANUARY 27, 1998 11 retail; services; industrial; agricultural. She stated that each parcel could be designated and zoned for any of the above uses. McMonigal stated that the parcels could be placed into a holding zone for residential uses until after 2005 when the north/south runway and all Stage 3 aircraft are in operation. She stated that the MAC believes the noise contours will shrink at that time. Commissioner Friel stated that the holding zone pattern is not a good idea because the City cannot deny someone use of their property. Commissioner Tilsen inquired if the cultural, entertainment and recreational includes parks and golf courses. Commissioner Betlej inquired if the City has received any input from affected landowners. Planner McMonigal answered no. The Commission felt it important to include landowners during the coming months because the City may be unaware of potential developments. Planner McMonigal informed the Commission that she hopes to complete discussion on land use issues, with the Commission, by June. Regarding the Resurrection site, Public Works Director Danielson informed the Commission that Hoffmann Homes is currently working with the Met Council regarding their proposed development. Planner McMonigal informed the Commission that the City received a letter from the Met Council asking that the Hoffmann request be modified to be consistent with the noise zone plan. The Commission directed Planner McMonigal to generate a table which includes information comparing all properties under the current designations and future designations. The Commission also felt that a letter specifically giving them direction on what is necessary to update the comprehensive plan would be helpful. Planner McMonigal agreed and stated that she would also provide the Commission with a copy of the Met Council Air Noise Guidelines. Public Works Director Danielson gave a brief review of Council action regarding previous planning applications. PLANNING COMMISSION MINUTES - JANUARY 27, 1998 12 There being no further business, the Planning Commission adjourned its meeting at 10:20 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary PLANNING COMMISSION MINUTES - JANUARY 27, 1998 13