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2016-04-26 Planning Comm Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES April 26, 2016 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 26, 2016 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard Roston, Michael Noonan, Mary Magnuson, Christine Costello, and Brian Petschel. Those absent: Doug Hennes. 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 March 22, 2016 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON TO APPROVE THE MINUTES OF MARCH 22, 2016, AS PRESENTED. AYES: 6 NAYS: 0 ABSENT: 1 Hearings Chair Field noted that the City had advertised Planning Case #2016-07, a Conditional Use Permit at 2535 Pilot Knob Road. This application has been withdrawn. PLANNING CASE #2016-08 S.D. Custom Homes th Evergreen Knolls 4 Addition Preliminary/Final Plat and Easement Vacation at 1663 Dodd Road City Planner Nolan Wall presented the staff report by explaining that the applicant was seeking approvals for preliminary and final plat and associated easement vacations. He then shared an image of the 1.25-acre property’s location and surrounding properties. This property is zoned R-1 One Family Residential and guided as Low Density Residential in the Comprehensive Plan. The lot contains a single-family dwelling and detached garage, both of which will be demolished. A wetland is also on the site, which will be filled and a wetland delineation report was submitted and reviewed in December 2015. It was determined that the wetland itself was man-made in the 1950’s. Council has approved a no-loss application for the wetland in January 2016 due to the fact April 26, 2016 Mendota Heights Planning Commission Meeting Page 1 that the wetland is not natural and provides no environmental benefit to the City. Therefore, the applicant is not subject to the wetland permitting requirements. Planner Wall shared photographs of the subject parcel and noted that the fence and vegetation buffer located on the city-owned property to the south will remain in place. rd The proposal is to divide two existing single-family lots that are part of the Evergreen Knolls 3 th Addition into three lot plats, which would be called the Evergreen Knolls 4 Addition. The R-1 District requires a minimum lot width of 100 feet with a total lot area of 15,000 square feet; all three of the new lots meet those requirements. The density of the new lots would be 2.4 units per acre, which is less than the Comprehensive Plan maximum of 2.9 units per acre. Planner Wall highlighted the proposed building pads where homes could be constructed and meet the applicable code standards, drainage direction as outlined in the proposed grading plan, slopes, and the proposed landscape plan. Staff recommended approval of this application with conditions. Commissioner Roston asked if anyone would review the location of the driveway as it pertains to the traffic on Dodd Road. Planner Wall replied that it was his understanding that the current driveway would be removed and new driveway access to lot three would be from Evergreen Knoll. Commissioner Roston clarified that his concern is that someone turning from Dodd Road onto Evergreen Knoll could potentially conflict with anyone backing out of the driveway from lot three onto Evergreen Knoll. Planner Wall stated that staff has not reviewed this issue yet, but he would make a note of it for review when the building permit for lot three is submitted. It depends on where the house and garage would propose to be constructed. Commissioner Magnuson asked if the City had a requirement for replacing trees that are removed; Planner Wall replied in the negative. She commented that it seems excessive to remove 76 trees and offer to replace three. Planner Wall noted that the tree inventory included analysis concerning the size and condition of the trees. Staff looked at the property and determined that in order to grade the site to create building pads, there would be significant tree removal. The existing buffer on the south property boundary line would remain and is acceptable for the code requirements in place. However, if the Commission wanted to create a condition that a landscape plan be submitted for each of the three lots, that is something that has been done for other similar requests. Commissioner Noonan asked why the proposed building pads are being stepped. Planner Wall noted that he would defer to the applicant on their intentions. However, he had stated earlier that front yard setbacks would be determined on a case-by-case basis when the building permit applications are submitted. He reviewed the setbacks for the surrounding properties and believed the proposed setbacks were in response to the existing conditions. Commissioner Petschel asked if the Par 3 currently owned the fencing; Planner Wall confirmed that the fence is located on city property. Secondly, he asked if there were any requirements for visibility at an intersection like at Evergreen Knoll and Dodd Road. Planner Wall explained that April 26, 2016 Mendota Heights Planning Commission Meeting Page 2 this would be reviewed as part of the building permit process as there needs to be an appropriate “sight distance triangle” in terms of sight lines. Chair Field noted that the front yard setback seems to be inconsistent with the rest of the development in the area and asked if the Commission has the ability to create a condition to take a position on the building pads. Planner Wall stated that, as part of the preliminary plat, the applicant is only required to show that there is a buildable area that would meet setbacks. Mr. Sean Doyle, 700 Apache Lane, of S.D. Custom Homes came forward but had no additional comments to make to the presentation. Commissioners had no additional questions for the applicant. Chair Field opened the public hearing. Planner Wall read comments received via email from the public and noted that these comments, in full, would be entered into the public record: 1. Pamela and Robin Ehrlich, 1656 Gryc Court, had concerns about water on the corner lot would cause flooding in their back yard during high volume rains and snows. 2. Cheryl and Sanford Bemel, 774 Evergreen Knoll, voiced her support regarding the clear potential for water on the corner lot of Dodd Road and Evergreen Knoll to result in flooding to backyards during high volume rains/snows. Commissioner Noonan asked what would be done to fill the current man-made wetland and where would the drainage be directed to once it is filled. Public Works Director/City Engineer John Mazzitello addressed the high water concerns by explaining that the wetland in-question is intermittently saturated. The photos included in the packet showed the area to be dry. To make the lot developable in accordance with the applicant’s plans, they will have to import fill; that permit has been approved. The conceptual grading plan included in the application shows the northern half of these lots to drain to Evergreen Knoll go over the curb line into the gutter and drain into the city’s storm sewer system. The eastern portion of lot three drains into the ditch of Dodd Road. However, the southern half of lots one and two and the southwestern corner of lot three would drain into the golf course. The terrain on the golf course currently has a green that is built up and the water would run around that green and continue to the south towards Bachelor Avenue. Each lot is going to have a final grading plan attached to it as part of the building permit and part of staff’s analysis would be to ensure that the drainage pattern does not wind up flowing east towards the other neighbors. When asked, the applicant indicated that he had no comments to add to the public record in response to the issues raised. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. April 26, 2016 Mendota Heights Planning Commission Meeting Page 3 AYES: 6 NAYS: 0 ABSENT: 1 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO RECOMMEND APPROVAL OF PLANNING CASE 2016-08 PRELIMINARY/FINAL PLAT TH AND EASEMENT VACATIONs, EVERGREEN KNOLLS 4 ADDITION, 1663 DODD ROAD, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed plat meets the purpose and intent of the Subdivision Code. 2. The proposed lots meet the minimum standards in the R-1 Zoning District. 3. The wetland on site appears to have been man-made and the City Council has approved a no loss application for the site. AND WITH THE FOLLOWING CONDITIONS: 1. The existing single-family dwelling and detached garage are demolished prior to the Final Plat being recorded by Dakota County. 2. Park dedication fee in the amount of $4,000, in lieu of land, is collected after City Council approval and before the Final Plat is recorded by Dakota County or issuance of any additional permits by the City. 3. Street reconstruction assessment fee in the amount of $1,091, as part of city project 2008- 09, is collected after City Council approval and before the Final Plat is recorded by Dakota County or issuance of any additional permits by the City. 4. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit. 5. The grading plan is revised to avoid grading in MnDOT ROW or provide evidence that MnDOT approves of the grading. 6. The grading plan is revised to avoid grading on the city golf course property to the south. 7. The erosion control plan shows silt fence and bio roll on the MnDOT ROW. This needs to be adjusted or provide evidence that MnDOT approves the plan. 8. The utility plan is revised to clarify the sewer connection for Lot 3, which is assumed to be the existing connection from Dodd Road. 9. First floor elevation (FFE) is shown on the existing conditions sheet. 10. Building and grading permits are obtained from the City prior to construction. 11. The applicant shall submit grading and utility plans and a dimensioned site plan with associated easements, subject to review and approval by the Engineering Department as part of any building permit application. 12. All grading and construction activity as part of the proposed development 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. 13. Future construction on the newly-created parcels will be compliant with all applicable City Code provisions Commissioner Magnuson made a friendly amendment as follows: 1. Add a condition 14, requiring the applicant to submit a landscape plan for approval by the City prior to construction on the property. April 26, 2016 Mendota Heights Planning Commission Meeting Page 4 Planner Wall noted that staff would appreciate additional commentary in terms of what is meant by ‘additional landscaping’. He noted that the applicant referenced screening on Dodd Road, which would give staff something to review against; anything in relation to the screening to the property to the south would be beneficial and screening in between each individual property (i.e. reasonable screening of interior lot lines and proposed structures, as well as Dodd Road) – to clarify what the Commission is looking for. He also stated that typically language requiring landscape plans would say it is approved either administratively or by the City Planning and Engineering Departments; so it is clear that the city approval does not mean City Council or Planning Commission or some other public review process. Planner Wall recommended that Condition 14 read “The applicant submit a landscape plan to be approved by the Planning and Engineering Department that proposes additional landscaping along Dodd Road and additional landscaping as deemed reasonable.” Commissioner Roston stated his belief that this issue would resolve itself in the marketplace. Commissioner Magnuson withdrew her Condition 14. Commissioner Noonan accepted the withdrawal. AYES: 6 NAYS: 0 ABSENT: 1 Chair Field advised the City Council would consider this application at its May 3, 2016 meeting. PLANNING CASE 2016-09 City of Mendota Heights Proposed City Code Amendments concerning Aircraft Noise Attenuation City Planner Nolan Wall introduced the item on behalf of Public Works Director/City Engineer John Mazzitello, who is the staff liaison to the Airport Relations Commission and has been working on this proposed code amendment. Engineer Mazzitello stated that the Airport Relations Commission has been discussing and debating this issue for the past few months. An issue was brought to their attention about potential development and/or redevelopment within the area where the airport noise contours fall. Since these contours can shrink or expand based on airport traffic, the concern was that if there is development and/or redevelopment happening in that area that one lot could be within the contour one year and be outside of the contour the next year because of the contour movement. A request was made for the Airport Relations Commission to analyze a way to establish a permanent boundary for the Title 12 Chapter 4 zoning, which is noise attenuation. April 26, 2016 Mendota Heights Planning Commission Meeting Page 5 Public Works Director/City Engineer Mazzitello researched other communities, including Richfield, Bloomington, and Eagan to see what they do. They have an established static line that requires a review of airport noise impact. It may or may not require attenuation depending on where the contours fall. However, if a home were within the static boundary an applicant would have to look at the noise contours for their project. The three communities he reviewed use the MSP (Minneapolis/St. Paul Airport) zoning ordinance airspace zone, a map of which was shared with the Commissioners. This is a static area around the airport that they have identified as having potential for noise impact. The contours fall within that boundary in one way, shape, or form year-to-year as they update their contours. The static area boundary includes comes down through the City of Mendota, incorporates all of the Augusta Shores development, all of the cul-de-sacs off of LeMay Lake Road, a portion of the LeMay Shores development (they are providing attenuation in all of their units as part of their developers agreement), and the undeveloped city-owned property by LeMay Lake Road and Bourne Lane. Therefore, if any property were going to develop, redevelop, or have an addition put onto it and they fall within the static area, the requirement of the building permit would have the applicant look at the noise contours and determine whether or not they are within or without the 60 decibel contour (the threshold for attenuation). The ordinance amendment under consideration simply adds a paragraph C to Title 12, Chapter 4, Section 1, which reads: “APPLICABILITY: The provisions of this chapter shall apply to all properties located within the 2004 MSP Zoning Ordinance Airspace Zoning Limit. Properties located partially within the 2004 MSP Zoning Ordinance Airspace Zoning Limit shall be considered completely inside the limit.” Staff recommended approval of this ordinance. Commissioner Petschel asked if it is the intention to amend the code every time there is a new contour map. Mr. Mazzitello replied that the code adopts whatever contour map exists. Commissioner Petschel recommended the amendment be changed to say ‘. . . within the most current MSP Zoning Ordinance Airspace Zoning Limit”. Mr. Mazzitello agreed that this change could be done; however, the 2004 MSP Zoning Ordinance Airspace Zoning Limit was developed over decades of noise data and they do not anticipate that moving. Chair Field suggested the language be changed to “ . . . the 2004 MSP Zoning Ordinance Airspace Zoning Limit or its successor.” Planner Wall suggested adding a clarifier that this is what is in affect right now, the most current version; this would encompass a change from the 2004 MSP Zoning Ordinance Airspace Zoning Limit. Mr. Mazzitello noted that the static area boundary should not be confused with the actual noise contour. April 26, 2016 Mendota Heights Planning Commission Meeting Page 6 After additional discussions, it was suggested to change the amendment to read “APPLICABILITY: The provisions of this chapter shall apply to all properties located within the 2004 or the current MSP Zoning Ordinance Airspace Zoning Limit. Properties located partially within the 2004 or the current MSP Zoning Ordinance Airspace Zoning Limit shall be considered completely inside the limit.” Staff agreed to make the language honor subsequent newly-adopted airspace zoning limits. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF ORDINANCE NO. 494 AN ORDINANCE AMENDING TITLE 12, CHAPTER 4 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING AIRCRAFT NOISE ATTENUATION BOUNDARIES WITH THE REVISED LANGUAGE TO HONOR SUBSEQUENT NEWLY- ADOPTED AIRSPACE ZONING LIMITS. AYES: 6 NAYS: 0 ABSENT: 1 Verbal Review Planner Wall gave the following verbal review: PLANNING CASE #2016-05 Emily Dosh, 1140 Sibley Memorial Highway, Critical Area Permit, Conditional Use Permit, and Variances  Approved by the City Council as recommended by the Planning Commission PLANNING CASE #2016-06 Northern States Power, d/b/a Xcel Energy, Sibley Propane Plant Conditional Use Permit and Critical Area Permit  Approved by the City Council as recommended by the Planning Commission April 26, 2016 Mendota Heights Planning Commission Meeting Page 7 Staff Announcements  Annual Clean-Up Day, Saturday, May 7, 8:00 A.M. – 12:00 P.M. at Mendakota Park. Information available in the Heights Highlights or by calling City Hall.  The City has received a Statewide Health Improvement Program Grant from Dakota County for $25,000. Approved by the Dakota County Board in March 2016. Staff is waiting for the contracts to be approved by Council to authorize the start of the project. The funds will be used to study the Dodd Road corridor that runs north/south through the City from I-494 to Delaware Avenue to identify potential off-street trail facilities.  Planner Wall provided the Commission with a copy of an article found in the most recent edition of the planning magazine. The article is a reminder of some of the ethical issues that planning commissioners are often faced with.  Public Works Director/City Engineer Mazzitello provided information on upcoming construction projects: o The Pilot Knob Road/I-494 interchange signals are to be replaced; scheduled to begin on May 11, 2016 and anticipated to last a month o Bid opening scheduled for April 27 for the 2016 Road Construction Project \[Mendota Road, the frontage road on the north side of Highway 110, between Oak Street and Delaware Ave and the rehabilitation of Warrior Drive, High Ridge Circle, and Sibley Court\]. Construction is slated to begin once school is out for the year. Adjournment COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO ADJOURN THE MEETING AT 7:54 P.M. AYES: 6 NAYS: 0 ABSENT: 1 April 26, 2016 Mendota Heights Planning Commission Meeting Page 8