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2018-05-22 Planning Comm Agenda Packet CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MEETING MAY 22, 2018 7:00 PM - Mendota Heights City Hall AGENDA 1. Call to Order 2. Roll Call 3. Adopt Agenda 4. Approval of April 24, 2018 Planning Commission Meeting Minutes 5. Public Hearings: a. Case No. 2018-11: Wetlands Permit to allow the construction of a new 30,000 sf. office building facility for the property located at 1179 Centre Pointe Circle (Sherburne-Slater Const. - Applicant / Hugh Cullen – Owner-Developer) 6. Staff Announcements / Update on Developments 7. 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 Hall at 651.452.1850 with requests. April 24, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 1 of 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES April 24, 2018 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 24, 2018 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 John Mazzitello, Patrick Corbett, Michael Noonan, Mary Magnuson, Michael Toth, and Brian Petschel. Those absent: None Approval of Agenda The agenda was approved as submitted. Approval of March 27, 2018 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO TO APPROVE THE MINUTES OF MARCH 27, 2018, AS PRESENTED. AYES: 7 NAYS: 0 Hearings A) PLANNING CASE #2018-10 WETLANDS PERMIT ELEVATION HOMES / ROB & SUEMI TUTTLE, 954 WAGON WHEEL TRAIL Working from materials provided to the Commission prior to the meeting, Community Development Director Tim Benetti explained that Elevation Homes had applied for a Wetlands Permit on behalf of Drrs. Rob and SueMi Tuttle. They desire to construct a new single-family dwelling with a three-car attached garage and an in-ground swimming pool on their property located at 954 Wagon Wheel Trail. This property is located on the north side of Rogers Lake and any work done within 100 feet of a water feature requires a Wetlands Permit. A public hearing notice on this application was published in the local newspaper and notice letters were mailed to all surrounding properties within 350-feet of the subject property. No comments or objections had been received prior to this meeting. Mr. Benetti then noted that the site is just over 4.0 acres with the buildable part consisting of just under 2.0 acres. The property currently has an 810 square foot single-story home which was built in 1939 and is in a dilapidated condition. This dwelling is scheduled for removal, as well as the existing and abandoned foundation and some old fencing. April 24, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 2 of 5 The planned setbacks for the site are 132-feet from Wagon Wheel Trail; 15-feet from the easterly property line; over 107-feet from the ordinary high water mark off Rogers Lake; and 106-feet from the westerly property line. As part of this plan, approximately 26 to 28 trees are to be removed with a number of trees being saved or protected; they also plan to install 10 new coniferous evergreens and 14 deciduous trees. The owners have no plans to alter the area near the lake. As recommended by staff, the plan shows an approximately 25 -foot wetland buffer from the delineated wetland edges along Rogers Lake and the north wetland body. Mr. Benetti shared elevation images of the planned 5,500 square foot, two-story home; 1,193 square foot three-car attached garage, and swimming pool. This property would have direct access from Wagon Wheel Trail; water and sanitary sewer are available from the mains in the Wagon Wheel Trail right-of-way to the north; and the old septic system appears to have been removed many years ago. The Wagon Wheel Trail ROW was partially vacated under Resolution 2017-88, which conveyed a 30-foot wide strip of land over to this property owner. Mr. Benetti then reviewed the analysis of this property in the Comprehensive Plan; the City Code pertaining to Wetlands Systems; and the specific allowances, rules, and standards for a permit for the construction, alteration, or removal of any structure near these Wetlands Systems. He stated that his preliminary review revealed that this house is worth being built with the new grades being established, satisfactory to both engineering and zoning standards, and staff would verify or confirm these standards are met before a building permit is issued. Staff recommended approval of this Wetlands Permit application based on the Findings of Facts and with Conditions as noted in the staff report. Commissioner Magnuson asked about standards in the ordinance regarding swimming pools. With this pool being closest to Rogers Lake, she asked what the requirements are when it comes to draining the chlorinated water, backwashing the filtering system, and where do they go to ensure they are not being pumped into the wetland area or the buffer zone for Rogers Lake. Mr. Benetti deferred to Public Works Director Ryan Ruzek, who replied that the engineering department had not addressed that yet. Staff agreed to do more research on this item and should they discover that it would adversely impact the lake they would request that the owners connect those systems to the sanitary sewer system. Commissioner Toth, knowing that the previous home had been built in 1939, asked about any existing septic or sewer systems on the property and the removal of any potentially contaminated soil around the old system. Mr. Benetti replied that this is usually handled by the demolition permit or by the contractor. These are usually capped before any work is started. The new builder would access or examine the existing sewer line to determine if it is reusable or if they would need to lay a new one. Mr. Ruzek also noted that the existing home is connected to city sewer and water. Commissioner Toth then asked if there would be any problems with potentially old fuel tanks inside the existing home. Mr. Benetti replied that if there were any, they would be handled under the demolition permit. All remediation efforts need to be done as part of that demolition permit. April 24, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 3 of 5 Commissioner Mazzitello clarified that if the draining of the pool or grade is a problem with that water getting Rogers Lake that it would have to go to the storm sewer system, not to the sanitary sewer system. Any pool water going into the storm sewer system would go through treatment ponds before reaching Rogers Lake. Mr. Ruzek also noted that pool water going through the pipes evaporates its chlorine fairly quickly but he would do additional research on the subject. Commissioner Mazzitello suggested that extra measures be taken next to Rogers Lake during construction for sediment control. Commissioner Toth asked for a walkthrough of Condition 8, which reads “The Property Owner shall dedicate a 10-foot wide drainage and utility easement along the eastern property line within the vacated Rogers Avenue right-of-way; and a new permanent drainage and utility easements over the entire northerly wetland area, which should include the 25-foot no disturbance buffer strip from the delineated wetland edge, with said easements to be denoted on the Certificate of Survey or separate easement agreement submitted and recorded with Dakota County”, and how the drainage easement is going to be implemented; and the 25-foot setback on the wetlands side. Mr. Benetti, referring back to the site plan, noted that the city is requesting a 10-foot drainage and utility easement along the east side of the property; which used to be half of the ROW. The city is also asking for a permanent drainage and utility easement over the entire northerly wetland area – including the 25-foot no disturbance buffer. This way it is the city’s responsibility to maintain or take care of it, ensuring there are no adverse damages by the homeowner or anyone else to that area. Chair Field commented that in affect, the city is establishing control over that portion of the property next to Rogers Lake. Mr. Benetti confirmed. Commissioner Noonan asked if there was a condition that requires them to dedicate an easement off of the wetland. Chair Field referred him to the entirety of Condition 8. Chair Field opened the public hearing. Mr. Joe Crowley of Elevation Homes, 909 Washington Avenue North, noted that they are a division of Streeter and Associates, which has been building homes in the metropolitan area for over 35 years. This division is going on their 12th year. He expressed his appreciation to Mr. Ruzek and Mr. Benetti and to the City of Mendota Heights for being extremely welcoming. Couple of points he wished to make: • Swimming Pool – in terms of water discharge, many times now they are underwater closes; so very minimal water has to be discharged unless the liner is being replaced. Water being removed from the top of the pool cover can be directed wherever the city would like. • Septic and Well – there was a well and a septic on site. The septic has been abandoned and the well has been capped. They are currently hooked up to city sewer and water. They will scope the lines to determine their condition for continued use or replacement. April 24, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 4 of 5 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING 2018-10 WETLANDS PERMIT APPLICATION, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The use of the subject parcel as a new single-family residential dwelling is consistent with the City Code and Comprehensive Plan. 2. The planned development of the new dwelling, garage and swimming pool is considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. 3. The proposed residential home meets the required setbacks and other standards established under the R-1 One Family District. 4. The proposed garage and residential structure will be compliant with the conditions included in the City Code. 5. The proposed new residential home project and any related construction activities will not cause or create any negative impacts to the ecologically sensitive area of the wetlands or Rogers Lake area, due to the implementation of new wetland setback and unaltered shoreland areas; and the proximity and separation of the structure from said water features. AND WITH THE FOLLOWING CONDITIONS: 1. The new single-family development, including the dwelling structure, garage and swimming pool shall comply with all standards and rules under Title 9 Building Regulations (ref. Ch. 2 Swimming Pools) and Title 12 Zoning of the City Code. 2. The new single-family development shall comply with or exceed the applicable standards and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code. 3. The Applicant/Owners shall submit a final grading plan, utility plan and a dimensioned site plan subject to review and approval by the Engineering Department and Planning Department as part of any building permit application. 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. 5. A building permit must be approved prior to the commencement of any construction work; site construction shall occur only between the hours of 7:00 am and 7:00 pm.; and full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. 6. No disturbance, grading work or any type of construction activities, besides installation of erosion control measures and/or limited vegetation removal, shall occur within the 25-ft. buffer strip along the northerly wetland feature; or within the buffer area defined between the wetland setback line and the OHWM line of Rogers Lake to the south; or on slopes 25% or greater. April 24, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 5 of 5 7. All new trees and wetland buffer areas shall be planted with approved native trees and pollinator friendly and wetland suitable plantings, as per the city’s Native Plant List. 8. The Property Owner shall dedicate a 10-foot wide drainage and utility easement along the eastern property line within the vacated Rogers Avenue right-of-way; and a new permanent drainage and utility easements over the entire northerly wetland area, which should include the 25-foot non-disturbance buffer strip from the delineated wetland edge, with said easements to be denoted on the Certificate of Survey or separate easement agreement submitted and recorded with Dakota County. 9. All disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the project is completed. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its May 1, 2018 meeting. Announcements / Update on Developments Community Development Director Tim Benetti noted that everything is progressing well on the new Gemini Medical site; and The Reserves of Mendota Heights (Plaza apartments) are doing well and wrapping up construction. Clean Up Day has been scheduled for Saturday, May 5, 2018 at Mendakota Park from 8:00 a.m. to Noon. Minnesota Public Radio (MPR) is hosting a large clean up event at Valley Park on Saturday, April 28, 2018 to do buckthorn busting and seed casts. They anticipate approximately 200 volunteers. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO ADJOURN THE MEETING AT 7:22 P.M. AYES: 7 NAYS: 0 Planning Staff Report MEETING DATE: May 22, 2018 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2018-11 WETLANDS PERMIT APPLICANT: Sherburne-Slater Construction (on behalf of Hugh Cullen) PROPERTY ADDRESS: 1179 Centre Pointe Circle ZONING/GUIDED: B-1 Limited Business / LB- Limited Business ACTION DEADLINE: June 22, 2018 DESCRIPTION OF THE REQUEST Sherburne-Slater Construction, acting on behalf of the developer/property owner Hugh Cullen, is seeking a Wetlands Permit to construct a new 30,000 sf. office building, located at 1179 Centre Pointe Circle. City Code Section 12-2-6 requires a wetlands permit for any work conducted within 100-ft. of the Ordinary High Water (OHW) level of an adjacent wetland or recognized water feature. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press newspaper; and notice letters of this hearing were mailed to all owners within 350-feet of the affected parcel. No comments or objections have been received by the city. BACKGROUND Centre Pointe Business Park was originally approved in 1984; and the follow-up Yorkton Centre Pointe South (office) subdivision plat was approved in 1986. In 2003, the owner re-subdivided Lots 4 and 5 Block 1, Yorkton Centre into three new lots, which make up Yorkton Centre South 2nd Addition today. The subject property is legally described as Lot 2, Block 1, Yorkton Centre South 2nd. The subject property consists of 3.58 acres and is currently vacant land. The property is a flagged-shaped parcel with a 50-foot wide access strip coming off Centre Pointe Drive to the east. This 50-ft. wide strip provides the “right-of-way” area for Centre Pointe Circle roadway, which although is considered a private roadway, the city does maintain this road as if it were a public street. There are currently 38 parking spaces on the lot, which are being used as over-flow parking for the nearby office uses (owned by Mr. Cullen). Planning Case 2018-11 Page 2 of 7 The site is surrounded by other professional office uses, such as the 1200 Centre Pointe Offices Suites and Cemstone to the north; Centre Pointe VI Center Pointe VII offices to the immediate east and south respectively; and Resurrection-Catholic Cemeteries to the west. Mr. Cullen is looking to relocate an existing (local) high-tech engineering firm with approximately 80 full- time employees to this new stand-alone office building; and the firm is planning to add approximately 20 employees as part of this relocation and new office facility. At the May 1, 2018 regular City Council meeting, the council approved a Grading Permit to the Mr. Cullen to begin preliminary grading of the proposed office site. This approval was made per City Code Section 14-1, which allows properties proposing any land disturbance activity in excess of 5,000 square feet to receive a grading permit if not part a separate approval process. This grading permit would normally be part of the building permit process, but due to time constraints and soil corrections needed on the site, the developer is requesting to start the grading work ahead of being issued a permit. SITE & BUILDING PLANS The plans call for the construction of a new 30,000 sq. ft. professional office building, with 128 parking spaces. No elevation or architectural plans were submitted as part of the wetlands permit application. City Code states any new office building over 6,000 sq. ft. must provide 1 space per 200 square feet of net usable floor area. The submitted plans are absent of any detailed floor plans; however, city staff will review and determine the “net usable” space at time of building permit submittals. Planning Case 2018-11 Page 3 of 7 The plan calls for a driveway connection between the Center Pointe VII office center to the east. The circular shaped turn-around at the end of Centre Pointe Circle will remain in place, and three new entrance drives will be installed off this turn-around section. The new building requires the site to retain its own storm water management, which is being accomplished with a new underground storm tech system with chambers and rock layers (see images below). The system will be located just south of the new building along the shared property line. The system will collect runoff from the building san parking lot surface to provide treatment and rate control prior to discharge to the existing pond on the north side of the building The plans did not include any new landscape plans. A condition of approval will require the developer to submit a detailed landscape plan as part of the new building permit application process. ANALYSIS  Comprehensive Plan The subject property is guided LB-Limited Business under the current 2030 Comprehensive Plan, and is planned to remain as “Business” under the proposed 2040 Comp Plan. The current zoning of LB-Limited Business is consistent with this underlying land use. The proposed new building expansion is considered a permitted use under the LB District; and the future use of the subject property shall be compliant with the current and proposed Comprehensive Plans.  Wetlands Permit Pursuant to City Code Title 12-2-1 Wetlands Systems, this chapter applies to adjacent land within 100-feet of a wetland or water resource related area. This chapter also provides specific allowances, rules and standards for certain activities near these recognized water features, including a permit for the construction, alteration or removal of any structure. The purpose of the Wetlands Systems Chapter is to: 1. Provide for protection, preservation, maintenance, and use wetlands and water resource-related areas; 2. Maintain the natural drainage system; 3. Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment or from excessive sedimentation; 4. Provide for protection of potable fresh water supplies; and 5. Ensure safety from floods. The proposed work or construction of the new office building is slightly within 100-ft. setback area from the established pond edge (as illustrated below). Planning Case 2018-11 Page 4 of 7 For the most part, all major elements to construct this new building will have little, if any direct effect upon the pond (wetland) area or its buffers. Some new grading is expected to take place around and behind the new building, but does not appear to come close or have any effect on the pond edge or buffers. This grading work should pose no threat or any negative impacts to this adjacent pond areas, provided all erosion control measures are installed and maintained throughout the duration of the project. All storm water pipes, aprons and outlets are pre-existing and are intended to remain in place. The Utility Plans indicate the static pond elevation to be at 875.0-ft., while the proposed building’s finished floor elevation is shown at 893.0-ft., which represents an 18-ft. difference. The Local Surface Water Management Plan (LSWMP) provides certain guides and suggested standards for the city to follow or implement when dealing with new development near natural water features. The LSWMP recommends a 25-foot wetland setback, which essentially provides a no disturbance buffer zone and permits a natural vegetative planting and erosion/silt protection strip along the water body. The plan identifies a D & U easement in the upper northwest corner of the property, which wraps around the back lot lines and jogs around the back side of the building. These easement areas will provide the necessary buffer areas from the pond to ensure no disturbance or impacts will occur near this wetland. Proposed erosion control measures (silt fencing) are shown on the Grading, Drainage and Erosion Control Plans, which basically encircles the main developable are of the lot where the new building will be situated, and along the westerly edges of the new parking lot expansion. The erosion control or stormwater pollution prevention plan (SWPPP) will be reviewed in greater detail by the Engineering Department as part of the building permit application. The scope and scale of this proposed new office project will fit nicely with the overall character and pre- existing development inside this business/office park development. Due to this relatively minor impact to the nearby pond (wetland) system and scope of the office project, the following statements are being presented for the Planning Commission to review and consider in your determination of this wetland permit: a) The work associated with the new office building and parking facilities should have very little, if any impacts to the adjacent pond (wetland) feature; Planning Case 2018-11 Page 5 of 7 b) the Applicant/Owner will provide for the protection and preservation of the adjacent wetland/water resource feature by installing a new underground storm tech water treatment system, silt fence measures and other stormwater run-off protection measures as per city staff direction; c) all disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the project is completed; d) all natural drainage way systems will be maintained during and after the project is completed; and e) the Applicant/Owner will make every attempt to minimize disturbance of the areas near, in and around the pond area in order to protect and preserve the natural surroundings, avoid excess loss of vegetation, and avoid any impacts to wildlife and aquatic organisms. ALTERNATIVES 1. Recommend approval of Wetlands Permit, based on the attached findings of fact, with certain conditions; 2. Recommend denial of the Wetlands Permit, based on specific finding of fact that the request is not compliant with applicable City Code standards; or 3. Table the request and direct staff to extend the application review period an additional 60 days, pursuant to MN State Statute 15.99. STAFF RECOMMENDATION Staff recommends approval of the Wetlands Permit for Sherburne-Slater Construction, acting on behalf of the property owner Hugh Cullen, which would allow the construction of a new 30,000 sf. office building, located at 1179 Centre Pointe Circle, with the following conditions and based on the attached findings of fact which support said recommendation: 1. The Developer/Owner shall begin the work authorized by the permit within ninety (90) days from the date of issuance of the permit. The work authorized by the permit shall be completed within twelve (12) months from the date of issuance. Extension(s) will be made according to Section 12- 2-8.B of Zoning Code. 2. A building permit must be approved prior to the commencement of any construction work; and full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. 3. All grading and construction activities as part of the proposed development shall 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. 4. A complete and detailed landscaping plan must be submitted to the City for review and approval as part of the new building permit process. City staff shall approve said plan to ensure compliance with applicable City Code provisions. 5. All disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the project is completed. Any new trees and restored buffer areas shall be planted with approved native trees and pollinator friendly and wetland suitable plantings, as per the city’s Native Plant List. Planning Case 2018-11 Page 6 of 7 6. The new building shall be subject to all of those standards noted under Section 12-1D-13-2 Additional Requirements for all B [Business] and I [Industrial] Districts of the Zoning Code. 7. All new building or property signage shall be subject to standards found under Section 12-1D-15 of the Zoning Code. 8. All new Lighting shall be subject to the standards found under City Code Section 12-1I-15 of the Zoning Ordinance. Attachments 1. Aerial site map/Wetlands Boundary Map 2. Grading, Drainage & Erosion Control Plans Planning Case 2018-11 Page 7 of 7 FINDINGS OF FACT FOR APPROVAL Wetlands Permit for 1179 Centre Pointe Circle The following Findings of Fact are made in support of approval of the Wetlands Permit for 1179 Centre Pointe Circle: 1. No part of the new building and parking lot areas will physically or negatively affect the adjacent pond (wetland) feature as proposed under this new office development project. 2. The proposed project is compliant with the standards for granting a wetlands permit, and can be considered consistent with the Comprehensive Plan, including (but not limited to): a. Enhance and protect the natural and living environment (ref. – no impact to the Wetlands); b. Support industrial and commercial developments in designated areas. 3. The proposed project is designed to minimize or cause no impacts to the adjacent wetland areas, and is therefore compliant with the standards for a wetlands permit. AREA/LOCATION MAP - 1179 CENTRE POINTE CIR. Property Information May 17, 2018 0 450 900225 ft 0 130 26065 m 1:4,800 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ((??G!. G!.666666666666666666666666666666666666666666 666666 6 6 6666666666666666666666666 6 66666666666666" " * ! *( ! ³ ³* !! ³ ³³ ³ ³ ³ ³ ³³ ³ ³ " "! " ³ " ³ ³ ! * " "! ! ! ""6 6 6 6 !!2 !!2 !!2 !!2 !!2 !!229303029302025 1175 1200 1180 215'233' 8 ''6''8'' 6'' Dakota County GIS 1179 CENTRE POINT CIRCLELexington Bus. Park VII City ofMendotaHeights090 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 5/14/2018