2015-09-22 Planning Comm Minutes
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSON MINUTES
September 22, 2015
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday,
September 22, 2015 in the Council Chambers at City Hall, 1101 Victoria Curve at 6:00 P.M.
The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael
Noonan, Doug Hennes, Mary Magnuson, Christine Costello and Ansis Viksnins. Those absent:
Howard Roston. Others present were City Planner Nolan Wall and Public Works Director/City
Engineer John Mazzitello.
Approval of Agenda
The agenda was approved as submitted.
Approval of August 25, 2015 Minutes
Chair Field noted a minor proposed amendment concerning an incorrect case number reference on
page 5, line 227 of the DRAFT minutes.
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO
APPROVE THE MINUTES OF AUGUST 25, 2015 AS AMENDED.
AYES: 6
NAYS: 0
ABSENT: 1
Hearings
PLANNING CASE #2015-36
AMEK Custom Builders, LLC, 2190 Glen Toro Road
Wetlands Permit
City Planner Nolan Wall explained that AMEK Customer Builders, LLC was seeking a Wetlands
Permit to construct a new single family dwelling on the parcel located at 2190 Glen Toro Road.
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He shared an image of the Glen Toro 2 Addition Plat and noted that the City approved the
Planned Unit Development (PUD), Preliminary and Final Plat, and Development Agreement for
the development in 1998. The development consists of nine lots, five of which have been
developed and another lot currently under construction.
Recently, the Planning Commission processed a wetlands permit for construction on a separate lot
within the development due to the 100-foot buffer from the same wetland in-question. The original
PUD approval and subsequent amendments did not address the incorporation of a city-issued
September 22, 2015 Mendota Heights Planning Commission Meeting Page 1
wetlands permits due to the fact that the wetland on the subject parcel was not identified on the
city’s official wetlands map. That map was updated in 2006, at which time the wetland was
identified.
Council did approve a Planned Unit Development amendment to allow reduced setbacks on several
lots in the development in 2002. Specific to the subject parcel, a 10-foot side yard setback was
approved to allow for preservation of existing trees near the wetland and that building pad would
be able to be located as far as possible away from those overhead power lines.
As part of the PUD process development on the subject parcel was described in great detail by the
project architect. No record of conditions related to the wetland in question appears to have been
included. Vegetation removal and construction of a proposed patio, porch, and retaining wall and
portions of the dwelling will be located within 25 feet of the wetland. City policy generally
restricts clearing and grading within such a distance and that is in order to provide for a vegetative
buffer. It has been incorporated as conditions since 2009, which is when the policy was adopted.
Since the previously approved PUD does precede this policy, staff is not proposing that as a
condition in this case.
Drainage in this area is collected into a man-made pond northwest of the development. The outlot
pond is then connected to the wetland on the subject parcel by a culvert under the road, which then
also has an emergency outflow to Huber Drive. The engineering department has reviewed the
proposed plans and determined that construction on the subject parcel will not negatively impact
the developments to the existing drainage system.
As part of this process, the City did require an updated wetland delineation that was provided to
determine the location of the eastern boundary closest to the proposed dwelling. The delineation
confirmation is consistent with the original delineation shown on the plat. Therefore, it has been
determined that the existing drainage and utility easement is adequate.
According to the applicant, underbrush and five significant mature trees would be removed within
the building pad area and several significant trees will be preserved within the entire wetland buffer
area.
Due to the 100-foot wetland buffer encompassing the entire proposed building pad, staff has
included a condition of approval requiring a landscape plan be submitted for review and approval
by staff. It is understood that this plan would be completed by next week; however, to ensure its
approval prior to next spring, staff further proposed an amendment to that specific condition that
the plan be approved by April 1, 2016.
Planner Wall noted an email submitted as a part of the public comments that was included in the
Planning Commission packet and that the concern had been addressed within the staff report.
Staff recommended approval of this wetlands permit request with conditions.
September 22, 2015 Mendota Heights Planning Commission Meeting Page 2
Commissioners asked questions regarding where the proposed home would be located on the lot,
any setback issues, confirmation that the lot is not buildable without encroaching into the 100-foot
buffer, and the overflow issues raised by the neighbor across the street.
Mr. Andrew Schmidt of AMEK Custom Builders, LLC was in attendance to answer questions or
make comments.
Commissioners asked additional questions regarding how AMEK Custom Builders would protect
the wetland during construction, how any disturbed areas would be restored after construction, and
steps being taken to protect the house from any potential flooding.
Chair Field opened the public hearing.
Seeing no one coming forward Chair Field asked for a motion to close the public hearing.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
ABSENT: 1
COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER COSTELLO, TO
RECOMMEND APPROVAL OF PLANNING CASE 2015-36, WETLANDS PERMIT AT 2190
GLEN TORO ROAD BASED ON THE FOLLOWING FINDINGS OF FACT:
1.The proposed project complies with the previously approved Conditional Use Permit for a
Planned Unit Development, including subsequent amendments.
2.The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the
City Code and will not negatively impact the development’s existing drainage system.
3.Construction-related activities within the 25-foot non-disturb buffer area will be limited to
what is essential for construction of the proposed project.
4.Adequate erosion control measures will be observed during construction.
5.A landscape plan, completed by a registered professional, is required to be reviewed and
approved by the Planning and Engineering Departments to ensure appropriate buffer
vegetation is established in accordance with city policies.
AND WITH THE FOLLOWING CONDITIONS:
1.A landscape plan, prepared and signed by a qualified professional, is submitted for review
and approval by the Planning and Engineering Departments by April 1, 2016.
2.The delineated wetland boundary is clearly marked and vegetation removal and
construction activities are prohibited within this area.
3.Building and grading permits are obtained from the City prior to construction.
4.All grading and construction activity will be in compliance with applicable federal, state,
and local regulations and codes, as well as in compliance with the City’s Land Disturbance
Guidance Document.
September 22, 2015 Mendota Heights Planning Commission Meeting Page 3
AYES: 6
NAYS: 0
ABSENT: 1
Chair Field advised the City Council would consider this application at its October 6, 2015
meeting.
City of Eagan Proposed Comprehensive Guide Plan Amendment: MVZ Ventures, LLC
Planner Nolan Wall explained that staff received an agency response request from the City of
Eagan to change the land use designation of approximately 194 acres located in the far northeast
corner of the City of Eagan – south of I-494, east of Lone Oak Parkway, and west of Ames
Crossing. The current land use designation is as Special Area – Major Office; the proposed
comprehensive guide plan would be to change that use to Special Area – Mixed Use. This property
has been purchased by the Minnesota Vikings with the intent to be used primarily as their new
headquarters and training facility, with some additional development associated with that in
multiple phases.
Due to the subject parcel’s proximity to the City of Mendota Heights and based on past discussions
on potential impacts of future development in this area, staff has brought forward this request for
review and potential comments from the Planning Commission. This is an initial step in the review
process. Planner Wall also provided the commissioners a copy of the City of Eagan’s staff report
on this matter. This topic was on the City of Eagan’s Planning Commission agenda on September
21 \[last night\] and was just received. Staff has not had an opportunity to do a full analysis to
respond to their request for feedback; however, the timeline is such that staff felt it should be
brought forward to the Commission for comments.
As indicated, this is the initial step in the comprehensive plan guidance amendment and would
need to be subject to Metropolitan Council approval. There is also a number of steps that this
potential process has to go through at the City of Eagan, which includes rezoning, subdivision, and
planned unit development approvals and environmental review – which would include a traffic
analysis to determine if any Environmental Impact Statement (EIS) would be required.
Planner Wall noted that the City of Eagan’s Planning Commission did recommend approval and
would be forwarded on to their City Council for their review at their October 6, 2015 meeting.
Staff recommended that the Planning Commission review the information and provide comments
that they would like staff to consider for providing a response to the City of Eagan.
Maps provided in the information packet included a location map, current land use map, proposed
land use map, and a site concept sketch.
Commissioners asked questions and made comments regarding increased density and the impacts
that would impose on traffic and environment, inclusion of a residential component that was not
in the original land use map, addition of I-494 exits, other localities being requested to provide
response, needing additional information to make informed responses regarding traffic, the short
September 22, 2015 Mendota Heights Planning Commission Meeting Page 4