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2011-03-22 Planning Comm Agenda PacketCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION AGENDA March 22, 2011 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Introduction of New Conunissioners 4. Approval of the Agenda 5. Approval of the February 22, 2010 Planning Commission Minutes 6. Hearings a. Case No. 11-04 (continued): Edward Trost from Schad -Tracy Signs for Mendakota Country Club — 2075 Mendakota Drive, Zoning Ordinance Amendment and Conditional use Permit for a Monument Sign. Public Hearing 7:00 p.m. b. Case No. 11-05: Paul and Anne Welle, 2496 Pond Circle West, conditional use permit for a fence within thirty feet of the setback on a corner lot. Public Hearing 7:00 p.m. c. Case No. 11-06: City of Mendota Heights, wetlands permit for improvements to Wagon Wheel Trail. Public Hearing 7:00 p.m. d. Case No. 11-07: Linder's Garden Center for Mendota Mall Associates, 750 Highway 110, conditional use permit for an outdoor garden center. Public Hearing 7:00 p.m. 7. Verbal Review 8. 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 Administration at 651-452-1850 with requests. Planning Commission Minutes February 22, 2011 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 22, 2011 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 22, 2011, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Norton, Commissioners Field, Hennes, and Viksnins. Those absent: None. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director/City Engineer John Mazzitello, and NAC Planner Stephen Grittman. Minutes were recorded by Carol Hamer. Approval ofAgenda Chair Norton noted the addition to the agenda: Appointment to the Traffic Safety Committee. Appointment to the Traffic Safety Committee Public Works Director/City Engineer John Mazzitello reported on the requirement to appoint a member of the Planning Commission to the Traffic Safety Committee to replace the appointment previously filled by Commissioner Povolny. Commissioner Field volunteered to fill the vacant position of representative to the Traffic Safety Committee. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO APPOINT COMMISSIONER FIELD TO SERVE AS PLANNING COMMISSION REPRESENTATIVE ON THE TRAFFIC SAFETY COMMITTEE. AYES: 4 NAYS: 0 Election of Officers COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO NOMINATE COMMISSIONER NORTON TO THE POSITION OF PLANNING COMMISSION CHAIR. AYES: 4 NAYS: 0 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO NOMINATE COMMISSIONER FIELD TO THE POSITION OF PLANNING COMMISSION VICE -CHAIR. AYES: 4 NAYS: 0 Approval of January 25, 2011, Minutes COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO APPROVE THE MINUTES OF JANUARY 25, 2011, AS PRESENTED. x NOTE: Commissioner Viksnins suggested one minor change during commissioner comments. Planning Commission Minutes February 22, 2011 AYES: 4 NAYS: 0 Hearin PLANNING CASE #11-03 Michael and Julie Gerend 2155 Delaware Avenue Conditional Use Permit for an accessory building over 425 square feet Planner Stephen Grittman presented the request of Michael and Julie Gerend, 2155 Delaware Avenue, to accommodate an existing structure, currently being used as a second residence, as an accessory building. Because the accessory building larger than 1,000 square feet requires a conditional use permit (CUP), the conversion results in this application. Mr. Grittman displayed a map of the six -plus acre subject site. Staff recommends approval of the CUP to convert an existing residential building to accessory building with the condition that the building will not be utilized as a separate garage and the applicant will make changes to the building to accomplish the conversion per zoning and building code requirements, as well as engineering approval for grading changes to the parcel. Commissioner- Hennes inquired about the current size of the accessory building and how much space there is between the buildings. Mr. Grittman replied that the accessory building is over 1,500 square feet, and that there is close to 200 feet between the buildings. Commissioner Hennes asked if the requirement for the second building on the site to be an accessory building is standard in other cities. Mr. Grittman replied that this is a common requirement. Commissioner Hennes verified with Mr. Grittman that the applicant would not be allowed to do any expansion work on the home if the other structure were to be rented out. Commissioner Field commented that in theory an alternative in this district would be for the property owner to subdivide the property and construct up to six homes. Chair Norton opened the public hearing. Michael Gerend, 295 Woodlawn Avenue, St. Paul, applicant, stated he has worked closely with staff on this application, and that they have tried to follow the path of least resistance. He stated this is a transformation with preservation in mind. There will be the single family home, but they still need to expand the current footprint by about 500 feet on one end and an additional garage stall on the other. Commissioner Viksnins inquired about the anticipated use for the accessory building. Mr. Gerend replied that it will likely be used for gardening and lawn storage type uses. There is nothing specific in mind. Commissioner Viksnins inquired about the current garage space. Mr. Gerend replied that the garage is currently a 22 x 26 foot two -stall garage. There will be an addition of approximately 50%. Commissioner Viksnins asked if the applicant is comfortable with the condition that the accessory building not be used as a garage going forward. Mr. Gerend responded in the affirmative and stated this has been discussed. Commissioner Viksnins requested information on the history of the site. Mr. Gerend stated this property belongs to the Shepherd family. The second building was a barn at one point in time and is now housing a family member 2 Planning Commission Minutes February 22, 2011 that is caretaking for a senior member in the family residence. The home is 100 years old; they are trying to restore the home as much as they can and bring it up to modern day standards. Seeing no one wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 4 NAYS 0 COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE BUILDING WILL NOT BE UTILIZED AS A SEPARATE GARAGE. 2. THE APPLICANT WILL MAKE CHANGES TO THE BUILDING TO ACCOMPLISH THE CONVERSION PER ZONING AND BUILDING CODE REQUIREMENTS. 3. RECEIPT OF ENGINEERING APPROVAL FOR GRADING CHANGES TO THE PARCEL. AYES 4 NAYS 0 Chair Norton advised the City Council would consider this application at its March 1, 2011, meeting. PLANNING CASE #11-04 Edward Trost, Schad -Tracy Signs, for Mendakota Country Club 2075 Mendakota Drive Zoning Ordinance Amendment and Conditional Use Permit for a Monument Sign Planner Stephen Grittman presented the request of the Mendakota Country Club to amend its existing conditional use permit (CUP) to construct an additional freestanding sign visible from the Dodd Road/110 intersection and to retain the current freestanding sign identifying the entry to the club along Mendakota Drive. Mr. Grittman explained that under the sign regulations, only one freestanding sign is permitted for any single use so consideration of this application would require an amendment to the Zoning Ordinance. Mr. Grittman stated the size of the proposed additional freestanding sign is 225 square feet in area. He reviewed the current sign regulations. Sign ordinance has been restrictive and size restrictions vary depending upon the zoning and use of the property. Mendota Plaza has the only sign that compares to this in size. However, Mendota Plaza is located in a mixed use PUD District and the current sign is a replacement of what was already on the property. He advised that the requested amendment is a policy decision and that staff does not necessarily offer a recommendation regarding the requested amendment. However, the sign proposed is out of scale with the other signs allowed by code or in the zoning district. If the Planning Commission considers an amendment they may want to consider how it might affect similar uses and the overall sign regulation approach. Commissioner Field verified with Mr. Grittman that the name of the country club that was previously displayed in the flowers on the northeast facing hill would have fallen under the sign ordinance. Commissioner Hennes questioned if the applicant has benchmarked against any other clubs that might have similar signage in similar locations. He commented that he understands the need for a larger sign due to the location on the busy highway. 3 Planning Commission Minuses Febraray 22, 2011 Chair Norton inquired about the zoning requirements for Mendota Plaza and The Village at Mendota Heights in relation to monument size. Mr. Grittman replied that the size limitation on these signs is not outlined in code, as they were negotiated as part of planned unit developments as the projects came forward. The Mendota Plaza sign located on Highway 110 is in the 200 to 250 square foot range. The Village at Mendota Heights has a monument marker located on Highway 110/Dodd Road that is approximately 50 square feet. Commissioner Field rioted if the applicant were to remove the monument at the entrance to the club it would reduce the request to an amendment on the size of the sign, alleviating the second request on the number of signs. Commissioner Viksnins inquired what the issues were with the recent signage request from Henry Sibley High School. Mr. Grittman replied that the focus of that discussion was more related to the electronic changeable copy than to the number of signs on the property. Chair Norton opened the public hearing. Edward Trost, Schad -Tracy Signs, representing the applicant Mendakota Country Club, stated that the country club has expressed an interest in having a sign similar to the sign at The Village at Mendota Heights. He explained that the sign becomes larger due to the length of the name to be included on the sign. He stated that the country club is fighting for members and for functions to host. The intersection of Dodd Road/Highway 110 is not residential at all, and in today's economy, especially at this type of intersection, it is important for the business to be able to promote what they do. Commissioner Hennes inquired about the planned location for the additional sign. Mr. Trost replied that the sign would be located in the planting area on the southwest corner. Commissioner Hennes suggested it would be helpful if the applicant were to provide a visual that superimposed the sign at 200 square feet in the proposed location. He inquired about the proposed sign materials, Mr. Trost discussed the proposed materials which include aluminum poles and reverse lighted channel letters. Commissioner Hennes expressed a preference for the natural look of a stone sign. Commissioner Viksnins inquired if it would be feasible to keep the general shape with raised letters proposed for the additional sign if the size were to be reduced to 100 square feet. Mr. Trost replied that this is something that could be considered, and that there is likely a happy medium that can be achieved. Commissioner Field stated it would be beneficial for the Planning Commission to be provided with a visual scaled comparison of the proposed sign in the proposed location in order to view the sign relative to the trees and open space. Commissioner Hennes suggested the applicant provide options at 100, 150, and 200 square feet in visual concept for the Planning Commission to review. Seeing no one wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO CLOSE THE PUBLIC HEARING. AYES 4 NAYS 0 S Planning Commission Minutes February 22, 2011 COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER HENNES, TO POSTPONE CONSIDERATION OF THE AMENDMENT TO THE SIGN REGULATIONS TO PROVIDE FOR A SECOND FREESTANDING SIGN FOR NON-RESIDENTIAL USES IN RESIDENTIAL DISTRICTS AND TO POSTPONE CONSIDERATION OF A CUP FOR A MONUMENT SIGN; PLANNING CASE #11-04. THE PUBLIC HEARING IS TO BE CONTINUED TO THE MARCH 22, 2011 PLANNING COMMISSION MEETING WITH THE ADDITIONAL INFORMATION TO BE PRESENTED BY THE APPLICANT BASED ON THE ABOVE DISCUSSION. Commissioner Hennes requested that the additional information provided by the applicant include an example of signage by another golf course located on a major highway. AYES 4 NAYS 0 Chair Norton advised the planning commission would further discuss this application at its March 22, 2011, meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #11-01 Mendota Heights Church of Christ Conditional Use Permit • Approved by the city council as recommended by the planning commission. PLANNING CASE #11-02 City of Mendota Heights Zoning Ordinance Amendment • Approved by the city council as recon nnended by the planning commission. Mr. Sedlacek advised that 11 applicants responded to the Planning Services RFP. Four of the applicants have been recommended for interviews by the city council. Commissioner Viksnins noted a minor correction to the January 25, 2011 Minutes: Page 3, PLANNING CASE #11-02: Acting Chair Norton advised the city council would consider this application at its November February 1, 2011, meeting. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER HENNES, TO ADJOURN THE MEETING AT 8:19 P.M. AYES 4 NAYS 0 Respectfully submitted, Carol Hamer, Recording Secretary CITY OF MENDOTA HEIGHTS MEMO DATE: March 22, 2011 TO: Planning Commissioners FROM: Jake Sedlacek, Assistant to the City Administrator SUBJECT: 11-04, Zoning Amendment and CUP Discussion At the February 22, 2011 meeting, the planning commission heard an application from Ed Trost on behalf of Mendakota Country Club requesting an amendment to the zoning code. Pursuant to the conversation at our last meeting, the applicant has refined the sign which would be requested if the zoning amendment is approved. The applicant will be in attendance to discuss the planning application. 0 m Z Z � C) � � > OT F0 coco -A � \!:e d 0 m Z Z � C) � � > OT F0 coco -A � LA - ® LAA $ /{ ` [w?/\Cie\\ �- -� `® 4 2 IBM -� 7 7$ . -MIR I 1 t 4 3 O Z 2 O H a c -.HWEST ASSOCIATEDt 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 753.231.2501 planners@i—iacplarning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen Grittman DATE: March 17, 2011 MEETING DATE: March 22, 2011 SUBJECT: Fence CUP CASE NO: City Case 11-05; NAC Case 254.04 - 11.06 APPLICANT(S): Paul Welle LOCATION: 2496 Pond Circle West ZONING: R-1, Single Family Residential GUIDE PLAN: Low Density Residential Background and Description of Request; The applicant is seeking approval of a conditional use permit to place a five foot high fence in a required yard adjacent to a public right-of-way. The Zoning Ordinance states that fences in such required yards cannot exceed 36 inches without the granting of a conditional use permit. The proposed fence would be located in the side yard of the subject property, along Mendota Heights Road. The applicant's property is a "corner lot" and is accessed from the west via Pond Circle West. The proposed fence is to be an aluminum rail type and would enclose the rear yard area of the site (and future swimming pool area). The fence would connect to and match the neighbor's existing fence to the north. Analysis: The applicant is proposing to fence the rear yard of his property. Because the fence segment along the south property line lies within 30 feet of a public right-of-way (Mendota Heights Road) and exceeds 36 inches in height, the processing of a conditional use permit is required. At its closest point, a fence setback of 16 feet from the Mendota Heights Road right-of-way line is proposed. According to the applicant, mature trees and shrubs currently exist along the south and east property lines of his property and will be retained to the extent possible. The applicant's request appears to be consistent with the intent of the zoning regulations allowing such fences by CUP. However, the applicant should clarify the proposed materials and height as it relates to the site plan. The neighbor's fence along the north property line is a white aluminum fence, five feet in height. Fences which enclose pools are required to be at least five feet in height for safety reasons. The applicant's proposed fence is identified in some portions of the application as a rail fence, and in others as matching the neighbor's existing fence. It appears that the matching proposal may be along the north common property line, but as noted, this should be clarified by the applicant. The fence appears to meet the City's requirements of 30% openness, and this should be verified by the City's code enforcement staff. Because the fence is to be erected in the rear yard, visibility at the intersection of Pond Circle West and Mendota Heights Road will not be impacted. Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: Approval of the conditional use permit for fence construction greater than 36 inches in a required yard adjacent to a right-of-way as proposed by the applicant, based on a findings attached to this report. The applicant should clarify the construction type and size of fence on the proposed site plan as a part of the Planning Commission's review. 2. Denial of the conditional use permit, based on a finding that the proposed fence will have a negative impact on traffic visibility and on the neighboring properties. Staff Recommendation: Planning staff recommends approval of the conditional use permit. Supplementary Materials: 1. Site Location Map 2. Application Materials Dated 2/22/11 3. Draft Findings of Fact for Approval 2 Draft Findings of Fact for Approval Welle Conditional Use Permit 2496 Pond Circle West The following Findings of Fact are made in support of approval of the above Permit: 1. The proposed project will not further impact traffic visibility at the Pond Circle West/Mendota Heights Road intersection. 2. Portions of the proposed fence type and height constitute a continuance of a fence segment which presently exists along the north property line of the subject property, consistent with the established character in the area 3. The rail portion of the proposed fence, which is proposed in the setback area, meets the requirements of the City's fence and pool protection ordinances. 4. The fence will not negatively impact any neighboring properties. 3 Site Location Map Water/Wetlands City Roads Major Roads parcels } 00 A,A °0000 Municipal Boundaries MA ik City of Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. J - Date of Applicaf nt /2z! I Fee Paid+t j(};` CY�C_ Zt %'65a°.-1 . Applicant Name: % C' i u� _PH: C (Last) (First) (M) E -Mail Address: Address:_ �v� C' Pta:)c-1 i- ___ i�L� (Number & Street) (City) (State) (Zip) Owner Name: e.. (h s "-� �a>'j (Last) (First) (M) Address: ctm er L)2 - (Number & Street) (City) (State) (Zip) Street Location of Property in Question: FP ,�G2 l oc-4: ��Q ( r, a �'��� m el l t�-oq `k RJ Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) i'�locA< i-?Gin"\L54-Li-l':- ' I�j Z7~-�,►SOO 010-"0 Type.of Request: Rezoning Conditional Use Permit Conditional User Permit for P.U.D. Preliminary Final Plat Approval Comprehensive Plan Amendment Applicable City Ordinance Number t ,:�- e4- �,)oc) Present Zoning of Property P\ Present Use _ Proposed Zoning of Property Proposed Use Variance Subdivision Approval Wetlands Permit Critical Area Permit Other (attach explanation) Section I co; Fe -n C e- S I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. (Signature of Applicant) Date Received.- (Signature of Owner) 1101 Victoria Curve • Mendota Heights, MN 55118 • (651) 452-1850 • FAX (651) 452-8940 www. mendota-heights-com To whom this concerns, RE: PROPOSED FENCE LOCATION INTO A SIDE STREET PROPERTY LINE BUILDING SETBACK ON THE CORNER LOT PROPERTY AT 2496 POND CIRCLE W. We are proposing to locate our 5' high premium aluminum rail fence along the side of our property that abuts along Mendota Hgts Rd. into the 30' property line setback. The proposed fence will enclose our back yard and future pool and meets all codes regarding this except for the 30' corner lot property line building setback along Mendota Hgts Rd. The proposed fence will not only be on our property inside our property line by 16 to 18 feet; it also is mostly shielded from view along the road by a 4' high berm , which the fence would run on the house side of. (See the 2 depictions in this packet of "visualizations" to see our conception of what it could look like.) Included also in this packet are the Proposed Fence locations plans showing setbacks, easements and house and lot locations and dimensions. In conclusion, we are asking for the city to grant us a conditional use permit to locate our fence 16 to 18 feet inside of our property line and approximately 31— 33 feet from Mendota Heights Rd. The city code states the fence should be 30' inside of our property line on our CORNER LOT alongside another side road (Mendota Heights Rd.) unless we are granted a conditional use permit. Paul and Anne Welle Homeowner Fence Company—Town and Country Fence Pool Company—All About Pools Inc Conditional Use Permit Letter of Intent 2496 Pond Cir W, Mendota Heights PIN: 27-31800-010-05 Paul and Anne Welle would like to construct a new fence in their rear yard. The fence would connect with the neighbor's existing fence along the northern lot border and be made of the same material and to the same size as the neighboring fence. The new sections would include a rear (eastern) border section, a street side (southern) section, and two short sections extending north and south from the rear of the house. A surveyor will be retained to establish the property lines. The purpose of the fence is to comply with the city ordinances pertaining to swimming pool enclosures. There are currently mature trees and shrubs along the proposed eastern and southern sections and these would be retained as much as possible. There is also a 3 to 4 ft berm along the southern property line and the fence would be located to the inside of this berm, thereby obscuring at least the lower half of the fence on that side. No landscape grading is proposed. \ t x i � S 1�} 6 t } h \ �t Copyright p ?010. 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Pion P F.xcrl°nd' W.II _ �— L H S E O rill." _ul, I;alk, tP 2`196 P o„d -11c uj_-l- nn e s mob- Mend°�a Re' l,Js, Hu Sslzo -T 4.° �Nyd i F r \ 1151- bsb- �o 3 {' ��_ v. L G° (\ " Ex'u+fn� Tr.c O CaNnye rovP�ni SSo1G fn51-4$0 Z Sq09 ^ as h/ l CITY OF MENDOTA HEIGHTS NOTICE OF HEARING March 2, 2011 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, March 22, 2011 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Paul and Anne Welle to request a Conditional Use Permit for a fence on a corner lot at the following described property: Lot 1 Block 5 Hampshire Estates (PIN #27-31800-010-05) More particularly this property is located at 2496 Pond Circle West This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit will be heard at this meeting. Sandie Thone City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. 2436 Pond Circle West Dakota County, MN y�. 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NORTHWEST ASSOCIATED CONSULTA 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 753.231.2555 Facsimile: 763.231.2561 planners@nacplanning.corrm MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen Grittman DATE: March 17, 2011 MEETING DATE: March 22, 2011 SUBJECT: Wetlands Permit for Street Reconstruction CASE NO: City Case 11-06; NAC Case 254.04 - 11.05 APPLICANT(S): City of Mendota Heights LOCATION: Wagon Wheel Trail (between Lexington Avenue and Dodd Road) ZONING: R-1, One Family Residential GUIDE PLAN: Low Density Residential Background and Description of Request: This year (2011), Wagon Wheel Trail between Lexington Avenue and Dodd Road is slated for reconstruction. The reconstruction will include new storm sewer, concrete curb and gutter, aggregate base, bituminous surface, a bituminous trail and hydrant replacement. Due to the project's proximity to Rogers Lake, the processing of a wetland permit is necessary. Analysis: The Wetland Ordinance, and resulting wetland permit process, is intended to protect the City's water resources from projects that will have a negative impact on the quality of the wetland. According to the City's Engineering department, the Wagon Wheel Trail reconstruction project will include both short-term and long-term best management practices for the prevention of pollutants into Rogers Lake. Short-term best management practices will include the following: • Machined spliced silt fence. • Floatation silt curtains. • Concrete wash out containers. • Inlet protection of existing storm sewer structures. • Mulching and hay bales. Long-term best management practices will include the following: • Piping drainage (from Wagon Wheel Trail) to existing, improved storm ponds. • Installation of sump pumps to storm sewer systems and annual cleaning. • Establishment of native ground cover to filter storm water. • Installation of new curb and gutter to minimize erosion at culvert connections. It is the opinion of City Staff that the preceding actions will ensure that Rogers Lake will not be negatively impacted by the proposed reconstruction of Wagon Wheel Trail. Action Requested: The Planning Commission may make one of the following recommendations: (1) Approval of the Wetlands Permit based on a finding that the proposed street reconstruction will not have a negative impact Rogers Lake. The Planning Commission may add conditions as deemed appropriate. (2) Denial of the Wetlands Permit based on a finding that the proposed street reconstruction will have a negative impact on Rogers Lake. Staff Recommendation: Planning staff recommends approval of the Wetlands Permit. It is believed the proposed short and long term best management practices will adequately protect Rogers Lake and its water quality. Supplementary Materials: 1. Site Location Map 2. Application Materials Dated 2/24/11 2 0 ghts Rd I (I Site Location Map Water/Wetlands /\,/ City Roads Major Roads parcels �e®a®� Municipal Boundaries RY off Fflemi at H-fleIlghto APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No, / / C) gate of AppliGatiorr %L - -- F P 'd A ee Ct L� Applicant Name: kv'21- p �v�\.)--) --- —PH: (Last) (First) (M) E -Mail Address: ��r��, ��,�nt,, ; �►� � �. <s,, Address: WA (Number &Street) -- --..---(City) (State) (zip) ------ 0,1mer Name: (Last) (First) (M) Address: -- (Number & Street) (City) (State) (Zip) Street Location of Property in Question: i-0 lk(7 zr,-) F_� Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) i ype.of Request: _ _Cr nditional Use Permit Conditional User Permit for P.U.D. —Preliminary/Final Plat Approval —_u—Cornprc=hensive Plan Amendment Applicable City Ordinance Number Present Zoning of Property Variance Subdivision Approval —Wetlands Permit .—__ Critical Area Permit __Other (attach explanation) Present Use Proposed Zoning of Property _Proposed Use Section I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. � f (Sig hature/of Applicant) Date Received (Signature of Owner) 1101 FAA torAai Curve - Mendota HeAghts, PUN 55118 o (651) 452-1850 a FAX (651) 1452-89140 112 CITY OF MENDOTA HEIGHTS fr MEMO DATE: March 1, 2011 TO: Mayor, City Council, Planning Commission and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Wetland Permit for Wagon Wheel Trail Neighborhood Improvements Background Wagon Wheel Trail is scheduled to be reconstructed from Lexington Avenue to Dodd Road in 2011. The feasibility report for the Wagon Wheel Trail Neighborhood Improvements was accepted by the Mendota Heights City Council and called for a public bearing on November 16, 2010 by adopting Resolution 10-80 at the October 5, 2010, City Council meeting. The project was approved and plans and specifications ordered at the December 7, 2010 Linder resolution 10-101. The proposed project includes reconstructing Wagon Wheel Trail including construction of storm sewer, concrete curb and gutter, aggregate base, bituminous surface, a bituminous trail, and hydrant replacement. Staff is applying for a city wetlands permit due to the close proximity of the project to Rogers Lake. Discussion The project will include both short-term and long term best management practices for the prevention of pollutants into Rogers Lake. Short tern methods used during construction will be machined spliced silt fence, flotation silt curtains, concrete truck wash out containers, inlet protection on existing storm sewer structures, mulching and hay bales. Long term methods will include piping drainage from the street to existing improved storm water ponds, installing sumps to storm sewer systems and cleaning annually, establishing a native ground cover to filter storm water, and the addition of curb & gutter will minimize erosion at the culvert connection. 3 f V Y .. p ,! -F-� to +' rlJ �,I I, a� 11 + + 4 r — r O 4— I Q ' i,. ay- i Id X71' Ip a2i d404 t w- w , 3 j, ._. i J j it OI leif17, y-- n �+ :�`3�111� x 1 \4z�l AL 7 I ` rRON id — t,r��? /o ° / 1 l7 �'I I r � I d CDs co R06 uW I '� \ r� (1Lk'q' Ir ° o ji,r.� �,_ t idl L-�I,-i- o`I'`�� �. NI ri I II in I I I I i i FY 441 s ® -�r' Q I > F7!,t O F=" CD chi/ 77 57777-7 -� ❑ v a� ig 4 ----- ia cn cn � m :L� NO TIa C7 i I I r T-� - KI -�- ---- I-,t-,.�-'��"•. aS �— _ o c? o c I aI b I of+ - e e l j4� o o o I -I F 1 2 20 1 OL°�apltdl(Sr�_ I�,i+�Igl' 'a_ �w NQ��nJJX3Z r - - = _ --- - - - CD N f j f to ¢j___„._ ,- CITY OF MENDOTA HEIGHTS NOTICE OF HEARING March 2. 2011 TO WHOM /T MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, March 22, 2011 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from the City of Mendota Heights for a Wetlands Permit for Wagon Wheel Trail Reconstruction Project. This notice is pursuant to Title 12 (Zoning), Chapter 2 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Wetlands Permit will be heard at this meeting. Sandie Thone City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. NO RT HWEST ASSOCIATED CON SU LTANTS, 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Stephen Grittman DATE: March 17, 2011 MEETING DATE: March 22, 2011 SUBJECT: Conditional Use Permit CASE NO: City Case 11.07 - NAC Case 254.04 - 11.07 APPLICANT(S): Linder's Flower Marts LOCATION: 750 Highway 110 ZONING: B-4, Shopping Center District GUIDE PLAN: Mixed Use Planned Unit Development Background and Description of Request: Caio Cella, on behalf of Linder's Flower Marts, is requesting approval of a Conditional Use Permit to operate a seasonal garden center within the parking lot of the Mendota Heights Plaza shopping center located south of Highway 110 and east of Dodd Road. Linder's has operated a garden center upon the site for the past 11 years. As a result of 2010 redevelopment activities, extensive modifications have occurred upon the subject site including, but not limited to, parking lot design changes. Due to these changes, a new conditional use permit must be processed. As in past years, the garden center is to be located in the northeast corner of the shopping center's parking lot and occupy approximately 4,800 square feet of parking lot area. In consideration of the subject site's "Mixed Use Planned Unit Development" Guide Plan designation, the City has determined that an accessory garden store is an acceptable use upon the subject site. AnalVsis: Site Redevelopment. As noted, the processing of a new conditional use permit is necessary as a result of recent site redevelopment activities. The approved redevelopment plan calls for the construction of a 7,600 square foot restaurant building, a 12,000 square foot retail building, a 15,000 square foot Walgreens Drug Store and the remodeling of the remaining 46,000 square foot existing retail building. The Walgreens and the remodeling of the main center have been accomplished, along with changes to the parking lot and circulation. Future phases to the south will include an additional 11,000 square foot office/retail building, a 10,100 square foot childcare facility, a three story, 36,000 square foot office building, and a two acre site containing a three to four store senior housing building with underground parking. While the orientation of the proposed flower mart will be essentially the same as in previous years, the facility will be more visible and accessible, with new drive lanes constructed to the north and east. Conditions of Previous Approval. In February of 2000, the City approved a conditional use permit to allow a garden center within the Mendota Plaza parking lot. As part of such approval, the following conditions were imposed: The operator of the temporary garden center is Linder's Greenhouses, Garden Centers and Flower Marts. 2. The temporary garden center is located in the northeast corner of the Mendota Plaza Shopping Center parking lot. 3. The dates of operation are from March 15, 2000 to July 15, 2000, 4. The size of the total area used for the temporary garden center is 4,752 square feet. 5. Hours of operation are 8:00 AM to 8:00 PM daily. 6. All signs must conform to the sign regulations contained in the Zoning Ordinance; the necessary permits must be applied for and issued. 7. Fencing consists of a four foot high patio fence around three sides of the garden center. B. Trash is to be removed from the site daily by the operator. 9. Any necessary utilities such as electricity and water are supplied by the Mendota Plaza Shopping Center owners. 10. Everything is removed from the site by the final date of the conditional use permit. K 11. Linder's Greenhouses shall submit a report to the City no later than September 1, 2000 describing the results of their season including all aspects of their operation, but at a minimum detailing any safety or security problems. Staff shall analyze the report, add their comments, and place it on the Council agenda for discussion. While most of the preceding conditions are considered well conceived and remain valid, some are worthy of discussion as highlighted in the following sections of this report. Use Operator. A condition of the 2000 CUP approval states that Linder's shall be the operator of the facility. The City's evaluation of this request must be physical and/or operational in nature and not tied to a specific use operator. The CUP will be recorded with the property. Regardless of who the operator may be, the use will be subject to the same set of conditions. It is recommended that the condition which specifies the operator be removed. Facility Location. The conditions imposed in 2000 state that the garden center must be located in the northeast corner of the Mendota Plaza Shopping Center parking lot. While the same general location is now proposed, it is recommended as a condition of CUP approval that the garden center be located as graphically depicted on the submitted site plan. Facility Removal. The conditions of the 2000 CUP approval state that "everything" must be removed by the final date of the conditional use permit. For clarification purposes, it is recommended that the condition be restated as follows: All equipment associated with the garden center use shall be removed from the premises no later than August 15th (one month from the end of the season). Annual Report. As part of the 2000 CUP approval, the City required the submission of an annual report describing the results of operator's season including details related to safety and security. The City should discuss whether this condition continues to be important, given the history of operation at this site. CUP Recording. As a condition of CUP approval, the new CUP should be recorded with the subject property. The CUP currently under consideration should supersede the previously approved CUP (in 2000) rendering it void. Action Requested: The Planning Commission may recommend one of the following: (1) Approve the Conditional Use Permit for the seasonal garden center with conditions based on a finding that with conditions, the use will not jeopardize the health safety and general welfare of the area. Conditions may include: a. The garden center shall be located as graphically depicted on the submitted site plan. 3 b. Garden center sales operations shall be allowed from March 15 through July 15. c. All equipment associated with the garden center use shall be removed from the premises no later than August 15th (one month from the end of the "selling" season). d. Hours of operation shall be from 8:00 AM to 8:00 PM daily. e. All signs shall conform to the sign regulations contained in the Zoning Ordinance, including all necessary sign permits. f. Fencing shall consist of a four foot high patio fence around three sides of the garden center. g. Trash shall be removed from the garden center area on a daily basis. h. Any necessary utilities such as electricity and water shall be supplied by the Mendota Plaza Shopping Center. The CUP be recorded with the subject property, specifically replacing the CUP approved in 2000. (2) Deny the Conditional Use Permit, based on a finding that the use will negatively impact the health, safety and general welfare of the area. Staff Recommendation: The proposed seasonal garden center is considered a positive addition to the area and will not impact negatively impact existing site circulation patterns. With this in mind, our office recommends approval of the CUP subject to conditions. Supplementary Materials: 1. Application Materials for March 22, 2011 Planning Commission Meeting 2. Findings of Fact for approval I Draft Findings of Fact for Approval Conditional Use Permit for a Seasonal Garden Center Mendota Plaza Shopping Center 750 Highway 110 The seasonal garden center, with conditions as recommended, is consistent with the intent of the shopping center development approval. 2. The garden center will be able to be served with existing public utilities and infrastructure. 3. The garden center will not interfere with the operation of the shopping center as approved by the City. 5 ylt,// I-) � y ir Carme .La F 750 Highway 110 J Y re v O e'd akata r Site Location Map Water/Wetlands City Roads Major Roads parcels ®a®m®� Municipal Boundaries Applicant Name: APPLICATION FOR CONSIDERATION OF PLANNING REQUEST (Last) (First) MEG= � i41 Case No. 11.0-1 Cate of Application 2-2_& 1t — Fee Paid 4--) PH: Ul"L 6-65 -)qq 3 (Iv9) E -Mail Address: Cr�ot_ei�� he • c�� Address: __ �SC� _t i0 otly\ �o� (Number & Street) (City) Owner Name: (Last) (First) Address: (Number & Street) Street Location of Property in Question S Al o (State) (City) (State) sS 14-x- - -- (Lip) Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Type of Request: Rezoning Conditional Conditional Use Permit ___—Conditional User Permit for P.U.D. __ ___— Preliminary/Fina! Plat Approval _Comprehensive Plan Amendment Applicable City Ordinance Number _Variance Subdivision Approval Wetlands Permit Critical Area Permit _ Other (attach explanation) i2 Section Present Zoning of PropertyA/Q_Py_0 —_Present Use Proposed Zoning of Property Oj tRuD _Proposed Use I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. (Signatur-0 of Applicant)---- Date Received t - ----- ----- (Signature of Owner) 1101 Victoria Cure ® Mendota Heights, MN 55118 ® (651) 452-1850 ® F (651) 452-8940 www.mendota-heights.com February 1, 2011 Jake Sedlacek City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Sedlacek, ItIrTIBUM a 1507117- 275 W. Wheelock Pkwy U St. Paul, MN 55117 FQ�AL 612-685-7993 I910 -2010C Fax: 651-255-0445 E-mail: caiocella@linders.com This letter is written as a request to the City of Mendota Heights for a renewal of our permission to operate a Flower Mart at the Mendota Heights Plaza. Enclosed in this package are information, drawings and letters relating to Linder's "Flower Mart" at the Mendota Plaza. This will be the eleventh successful year we have operated here. We anticipate_ the 2011 selling season to be from approximately April 15 thru July 15. We will arrive and begin set-up prior to the opening date. This is the same as in the past . years. After the site construction in 2010 we have selected an area to operate our store in 2011 in the northeast corner of the parking lot as detailed on the attached site plan. We think this location will work very well and have little or no impact to the traffic flow in the lot. Hopefully I have provided enough information about Linder's and our 2011 proposal to satisfy any of the questions you may have about Linder's doing business in Mendota Heights again this spring. We are eager to continue being a part of beautifying this area of the Twin Cities with Linder's grown flowers and plants, and are proud to be a part of your community. Sincerely, Caio Cella Division Manager — Flower Marts www.Linders.com SHOPPING CENTER DEVELOPMENT & MANAGEMENT CENTRAL PLAZA 45th & Central Ave. N.E. Minneapolis, Minnesota January 20, 2011 CRYSTAL SHOPPING CENTER Bass Lake Road & West Broadway Crystal, Minnesota CRYSTAL TOWN CENTER Bass Lake Road & West Broadway Crystal, Minnesota City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Linder's Greenhouse Mendota Plaza Shopping Center To Whom It May Concern: 2227 University Avenue - Saint Paul, MN 55114-1677 651-646-7901 - Fax 651-646-1389 www.pasterenterprises.com DODDWAY SHOPPING CENTER As you know, over the last few years we have placed Linder's Greenhouse in the Smith & Dodd Road Mendota Plaza Shopping Center for the display and sale of seasonal flowers, West Saint Paul, Minnesota plants, annuals, etc. during the period from April - July each year. LAKEVILLE CROSSING 160th & Cedar Avenue Lakeville, Minnesota CINGTON PLAZA SHOPPES Lexington & Larpenteur Roseville, Minnesota MENDOTA PLAZA State Highway 110 & Dodd Road Mendota Heights, Minnesota MOUNDS VIEW SQUARE Highway 10 & Long Lake Road Mounds View, Minnesota NORTHWAY SHOPPING CENTER State Highway 23 & Woodland Lexington/Circle Pines, Minnesota SIBLEY PLAZA West 7th Street & Davern Saint Paul, Minnesota SOUTHVIEW SHOPPING CENTER Southview Boulevard & 13th Ave. S. South Saint Paul, Minnesota Linder's is a well known Company in the Twin Cities area with an excellent reputation for providing its customers with quality merchandise and service. In addition to Mendota Plaza, we have placed them in many of our other Shopping Centers with great success. If you -need any additional information please feel free to call me. Thank you for your attention to this matter. Best personal regards, PASTER ENTERPRISES Christine Topp Lease Renewal Manager ........... - - - - - - - - - - - - - - - - - - - - - E=X" I E31 -T- ^ Linder's Flower Mart 0 r� UO Oo N 00 M 9 P.0 .a� a ,MJF" •�,.. �` W _ y a- . m aaaa w x p NA VA � ' `..+ ; N b�j. .s � ,¢aid �-• � � '/r � * FSR a"S� - � ; �'�k" " r c r� fMR _. " Sas _ CITY OF MENDOTA HEIGHTS NOTICE OF HEARING March 3. 2011 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, March 22, 2011 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Linder's Garden Centers to request a Conditional Use Permit that would allow a seasonal flower mart at the following described property: Mendota Plaza Expansion, Lot 2 Block 1 More particularly this property is located at 750 Highway 110 This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit will be heard at this meeting. Sandie Thone City Clerk Auxiliary aids for disabled persons 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 Administrator at 452-1850. Print Preview Dakota County, MN 1 Page 1 of 1 Legend Tam Parcels IF Parcel Types Multl-owner Parcel ❑ Right of Way Included in Tax Parcel k At 0 Water Included In Tax Parcel El Water Streets Interstate. U.S, Highway State Highway 1 Page 1 of 1 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. Map Scale 1 inch = 443 feet http://gis.co.dakota.nm.uslwebsite/dakotanetRis/printPreview.ast)x?PrintODtData--Dakota ... 3/14/2011 Legend Tam Parcels Parcel Types Multl-owner Parcel ❑ Right of Way Included in Tax Parcel Right of Way 0 Water Included In Tax Parcel El Water Streets Interstate. U.S, Highway State Highway CSAKThrough Route County State Aid Highway County Road Other ® Municipality 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. Map Scale 1 inch = 443 feet http://gis.co.dakota.nm.uslwebsite/dakotanetRis/printPreview.ast)x?PrintODtData--Dakota ... 3/14/2011