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2017-07-25 Planning Comm MinutesJuly 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 1 of 15 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES July 25, 2017 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 25, 2017 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, Michael Noonan, Mary Magnuson, and Brian Petschel. Those absent: Doug Hennes, Christine Costello Chair Field introduced Mr. John Mazzitello, who was appointed as commissioner in the spot vacated by Commissioner Roston. Commissioner Mazzitello provided a brief introduction by noting that he is the former Public Works Director/City Engineer for the City of Mendota Heights, has been a resident of Mendota Heights for nine years, and currently works for a regional national consulting firm running municipal services across six states in 14 offices. Approval of Agenda The agenda was approved as submitted. Approval of June 27, 2017 Minutes Commissioner Noonan pointed out that on Planning Case #2017-13 Commissioner Hennes did not move and second the same motion. Staff agreed to make the correction. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON TO APPROVE THE MINUTES OF JUNE 27, 2017, AS CORRECTED. AYES: 4 NAYS: 0 ABSENT: 2 (HENNES, COSTELLO) ABSTAIN: 1 (MAZZITELLO) Hearings A) PLANNING CASE #2017-16 PRECISION HOMES, LLC ON BEHALF OF JAMES R. HANSON, 796 SIBLEY MEMORIAL HIGHWAY CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT Mr. Tim Benetti, Community Development Director explained that this request was for a Critical Area Permit and Conditional Use Permit for the property located at 796 Sibley Memorial Highway. The applicant is Precision Homes, LLC on behalf of the owner, Mr. James R. Hanson. This permit July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 2 of 15 was to approve the removal of an existing single-family dwelling on two lots. This would allow for the construction of two brand new dwellings, one on each lot. This is located within the Mississippi River Critical Corridor Area and would require a Critical Area Permit; and the Conditional Use Permit would be for work on slopes greater than 18%. Being a public hearing item this was duly noticed and notices were also sent to all of the property owners within 350 feet of the subject parcels. One comment was received from a neighboring property owner and an email inquiry from a second residential neighbor. The subject property is located at the corner of Wachtler and Sibley Memorial Highway (Highway 13) and is described as Lots 7 and 6 of Goodrich Happy Hollow. Lot 6 is 1.08 acres and Lot 7 is 1.19 acres, totaling 2.27 acres of land. The site does contain an existing single-family home just over 3,400 square feet, constructed in 1952. There is a single driveway off of Sibley Memorial Highway and is zoned R-1, Residential and guided as Low-Density Residential on the Land Use Plan. This site is fairly level on the front edge with grades coming off Sibley Memorial Highway but begins an upward slope towards the back half of the property, going from 810 feet to roughly 860 feet in elevation. The property is fairly wooded with mature trees along with buckthorn, box elder, and other nuisance growth. Based on the applicable City Code requirements, the proposed project requires the following requests: 1. Critical Area Permit for general construction activities 2. Conditional Use Permit to disturb slopes between 18-40% Mr. Benetti provided an amended plan set with the house pads remaining the same from the original. He also shared the utility plan, grading plan, and noted that a detailed survey had been completed identifying a certain number of significant trees that would be saved/protected under this new development plan, along with some removals. Chair Field asked if staff had ben provided with adequate time to review the revised documents and were assured that any new grading work would be acceptable and suitable for the site and that all storm water management would be handled accordingly. Public Works Director Ryan Ruzek indicated that staff has had time to review, and were satisfied with the new plans. Mr. Benetti reviewed the standards necessary for issuing a Critical Area Permit and a Conditional Use Permit and explained how this project, with the revised plan sets, met those standards. Commissioner Magnuson, referencing Condition 7, noted that the Commission typically does not see a financial security requirement and asked why there was one in this case. Mr. Benetti replied that staff wanted to ensure that the work being done, even though they have an expert, was done appropriately. It was more of a security measure in case they start some work and they decide to walk away. July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 3 of 15 Commissioner Magnuson then asked if there were any concerns about the way the driveways are both coming out onto an intersection, which strikes her as problematic. Mr. Benetti replied that ideally the driveways would have to be reviewed or approved by the County so if these do not meet certain distance requirements or site distance requirements, they can require alterations to the plans. Chair Field stated that it appeared to him that one of the new driveways was located very near to the location of the old driveway. Mr. Benetti confirmed. Additional discussions occurred regarding the location of the driveways; however, the Commission concluded that they are not approving driveway locations with this application. The applicant would have to satisfy both the State and the County. Commissioner Magnuson noted that in a critical overlay the building materials are required to be of natural character and noted that there is a condition regarding the retaining wall. So, when the building permits were submitted it was her understanding that staff would also look at the building materials of the homes being proposed to ensure they comply with the critical area requirements. Mr. Benetti confirmed. Commissioner Mazzitello asked why Condition 8, requiring a park dedication fee be paid, was included when a new lot was not being created. Mr. Benetti replied that it was his understanding that a park dedication fee was applied on each new residential dwelling. The Commission stated that park dedication fees are typically only for new lots. Mr. Benetti agreed to remove this condition. Commissioner Mazzitello then asked if a new condition could be added that a new critical area permit be applied for with any new developments on the properties. Mr. Benetti replied that this would be advisable. Commissioner Noonan asked, as a follow-up to Commissioner Magnuson, if it was the intention that, in terms of any lot splits that come forward with new development, which the City would be asking for a financial security in all cases. It seemed to him that asking for a security deposit in this case where one had never been asked for previously in similar cases was inappropriate. Ms. Stephanie Cook, representing Precision Homes, LLC located at 3352 Sherman Court, Suite 202 in Eagan came forward and stated that they are just trying to better the area. She has worked on this project since the time that it was decided that the property was going to be sold. Right now Precision Homes, LLC is trying to come in and improve the value, to bring in a nicer finish, and to clean up the area. They fully intend to cooperate with the City, County, and State and follow through with all of the procedures that are necessary. Chair Field opened the public hearing. July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 4 of 15 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 (HENNES, COSTELLO) COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2017-16, CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT BASED ON THE FOLLOWING FINDINGS OF FACT. SUBJECT TO THE DELETION OF CONDITIONS 7 AND 8 COMMISSIONER MAZZITELLO MADE A SUGGESTION THAT A NEW CONDITION 9 BE ADDED THAT WOULD STATE, WITH THE PROFESSIONAL WORD SMITHING OF THE CRACK STAFF, THAT CONSTRUCTION OF ANY NEW HOME WOULD REQUIRE A FUTURE CRITICAL AREA PERMIT OR CONDITIONAL USE PERMIT AS NECESSARY Commissioner Noonan agreed to this friendly amendment to his motion. 1. The proposed development of the properties with two separate dwelling structures meets the general purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The proposed project meets the purpose and intent of the Critical Area Overlay District, including the additional conditional use permit standards. 3. The proposed development will make a concerted effort to reduce the removal of any significant trees on the subject property; the [professional] removal of invasive and harmful planting provides a benefit to helping restore the natural environment and native plant growth in this area; and provides a condition to help replace and replenish the loss of some significant trees. 4. The grades in excess of 18% and 40% impacted by the proposed project appear to have been manmade and will not negatively impact the bluff area or any significant or protected areas of the subject property or surrounding properties. AND WITH THE FOLLOWING CONDITIONS: 1. Building and grading permits shall be approved by the City prior to any demolition or removal of any existing structures, and before any construction of any new dwelling on each lot. 2. The retaining wall proposed under this development plan must be made of natural or native stone materials. 3. Removal of trees and vegetation, including any invasive trees or unsuitable vegetation must be performed by qualified tree and landscaping professional/firm. Removal of vegetation is primarily confined to the silt fenced area noted on the “Existing Conditions, Soils, Landscaping and Demo Plan” map. Any removals beyond this silt fenced area shall be limited to buckthorn and other similar but smaller invasive plantings [2” or less caliper size]. The cutting or clearing of any significant trees beyond the silt fence boundary line, regardless of variety, is prohibited. July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 5 of 15 4. Each dwelling lot shall have a tree replacement plan at time of building permit review/approval of at least ten (10) new significant trees per lot, in order to replace the 16 trees projected for removal under this development plan. 5. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 6. All grading and landscape work shall be performed by a qualified, professional contractor and/or landscape company. 7. A financial security of $5,000 ($2,500 per lot) shall be held by the City to ensure all grading, tree and vegetation removals, and any new landscaping work is performed according to plans. The security shall be held a minimum of one-year after construction work on each home has been completed, to ensure all plantings have been established and survived at least one growing season. 8. A park dedication fee of $4,000 shall be paid at time of the first building permit submittal. 7. All work on site will only be performed between the hours of 7:00 am and 7:00 pm. 8. 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. 9. Construction of any new residence will require a critical area permit or conditional use permit be applied for, as necessary AYES: 5 NAYS: 0 ABSENT: 2 (HENNES, COSTELLO) Chair Field advised the City Council would consider this application at its August 1, 2017 meeting, which starts at 8:00 p.m. Unfinished Business A) PLANNING CASE #2017-14 MARCEL EIBENSTEINER – ROYAL OAKS REALTY, 1136 AND 1140 ORCHARD PLACE PRELIMINARY PLAT, VARIANCE, AND WETLANDS PERMIT Chair Litton Field, Jr. explained that the public hearing on this application was closed on this matter. There had been some discussion with staff and they would provide an update. Mr. Tim Benetti, Community Development Director recapped what was tabled at the last Planning Commission meeting. This was a Preliminary Plat of Orchard Heights / Variance / Wetlands Permit for property owned by Marilyn and David Olin. They are seeking to subdivide an existing single family parcel into 19 new lots, to be titled Orchard Heights of Mendota Heights. At the June 27, 2017 meeting the public hearing was officially closed; however, the Commission could allow comments from the public, if they chose, without an official public hearing notice. The application was tabled with the following reasoning statements: 1. Applicant to consider additional road connections to the subdivision July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 6 of 15 2. The platting and lot size of the subdivision 3. The findings of the wetland delineation presented to the planning commission for their understanding; a better description of the stormwater management to address some of the concerns raised, including the functioning of the pond high-water and the balance of the pond; and 4. A better understanding and justification for sprinklers to be imposed or included in the new homes Since the meeting held on June 27, 2017, staff had met with the developer on two occasions and there has also been follow-up with emails and direct phone calls. The developer has revised the plans, which were presented to the Commissioners. The civil plans have also been updated that staff had some concerns with in the previous version. Mr. Benetti provided a brief background by explaining that the parcel is just under 13.5 acres, is currently guided LR – low-density residential, and zoned R-1 Residential. There would be no changes to the land use or the zoning at this time. The main site had been used as a local apple orchard for some time and all of the dwellings and outbuildings would be removed to make room for this new development. The proposed 18 lots, down from the originally proposed 19 lots, would meet the minimum lot size requirements. This reduction in the number of lots would also decrease the density per acre from 1.41 units per acre down to 1.34 units per acre. This would be well under the Comprehensive Plan maximum of 2.9 units per acre. Mr. Benetti then shared the revised Grading & Stormwater Drainage Plan, Utility Plan, Street Design & Variances, and a Statement Justifying the Home Fire Sprinkler Systems; all of which had been provided in the staff report to the Commissioners prior to this meeting and are available on the City’s website. Commissioner Magnuson, referencing the study that was done on the road connection to Mallard Lane, asked if they were looking at a full 30- to 33-foot road and the attendant 60-foot right-of- way. Mr. Benetti confirmed that this was correct. Commissioner Magnuson then noted that roads are required to be 33 feet, except based on the City Engineer’s recommendation. She assumed that this recommendation was based on a good reason other than the developer’s desire for a 30-foot road. She then asked for the justification here for a 30-foot wide road, other than it would allow the developer to fit in more lots. Public Works Director Ryan Ruzek replied that the revised street design is for a 33-foot wide roadway without a variance. However, he would be supportive of a reduced width roadway just due to the decrease in impervious surface with less stormwater run-off. The traffic volumes on this road should not be such that cars would not be able to maneuver up and down the road without the worry of head-on collisions or parked cars being a major concern. Chair Field, asking for clarification, noted that there is a set of drawings dated July 14, 2017 and these would reflect a 33-foot road width. The reason for the question was that the staff report did July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 7 of 15 not track with that. Mr. Benetti apologized for the discrepancy and confirmed that the drawings do reflect a 33-foot road width, not 30-foot. Commissioner Mazzitello stated that the drawings in sheet C2.1 reflected a 30-foot road width. Mr. Ruzek replied that the road width on sheet C2.2 shows the 33-foot road width. Commissioner Mazzitello then agreed with Mr. Ruzek’s earlier comment that he would approve a 30-foot wide road, should the developer wish, due to lower traffic volumes and reduction in impervious surface. All commissioners agreed that the drawings reflected a typical section road width of 33 feet; however, the plans and drawings reflected a 30-foot width. Clarification on which is desired is a question for the applicant. Commissioner Mazzitello, referring to the examples of other cul-de-sac lengths provided in the packet, stated that many of them were approved before the cul-de-sac length standard came into being. However, several of these do have an alternate way out, but not by car. He then asked if it would be possible to explore the installation of a trail as another egress to the subject property. Mr. Benetti deferred to the applicant. Commissioner Magnuson moved to re-open the public hearing to allow for discussion with the applicant and to allow people present, who did not get an opportunity to speak at the previous public hearing, a chance to comment. Commissioner Noonan asked, since the Commission had advanced a motion at the last meeting specifically asking for consideration of five particular issue areas and the staff report had brought them forward, if the applicant didn’t have the opportunity to address those five areas outside of a public hearing. Mr. Benetti replied in the affirmative. Commissioner Magnuson put her motion on hold to allow the applicant to respond to the issues. The applicant, Mr. Marcel Eibensteiner of Royal Oaks Realty located at 1000 W. County Road E, Suite 150 in Shoreview, MN, representing the owners came forward to address the Commission. He stated that it was practically impossible that the road could be extended to the west to exit onto Hunter Street, so they stayed with the cul-de-sac design as originally presented. They gave up one lot on the northwest corner for ponding to allow them to make the storm sewer shallower. Also, they would be installing a force pump into three of the proposed houses on the south end of the property to allow for reduction of the sanitary sewer depth. There had been discussions earlier about stubbing into the east property line a 60-foot right-of- way; however, staff was not in favor of that. Commissioner Noonan stated that, in terms of the road connection to Hunter Lane, he had not heard that staff was not in favor of it. What he had heard was that it was technically difficult because of the amount of fill and the grading that would have to be done on the adjacent property. Mr. Eibensteiner agreed this was a fair statement; however, if Mallard Street were to be improved then they would have to go into the private properties on both sides by approximately 15 to 20 July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 8 of 15 feet. The south side property is owned by the City; however, on the north side all of the trees would need to be removed [60-foot trees] to build the road up and have a 3-to-1 slope. They would also have to cross some water, which is approximately 12-inches deep currently, and that would take the Army Corp of Engineers to be involved. Unless the property to the north were to allow some sort of acquisition, it would be impossible; and even if it were possible it would take approximately 1.5+ years to accomplish. Commissioner Noonan noted that an individual previously had suggested that, in the fullness of time, the likelihood would be that they would develop a lesser number of lots. Mr. Eibensteiner agreed that this was mentioned; however, he has a couple of buyers that might take two lots or 1.5 lots. They have decided to move forward with the request for 18 lots as they do not want to promise that they would or could reduce the number of lots. If a buyer comes along and wants to purchase 1.5 lots, then the developer can come back and request to split the lots and vacate the easements. Commissioner Magnuson asked who would be responsible for maintaining the force pumps. Mr. Ruzek replied that they would be privately owned and noted that they would not be unique to this development as there are other force pumps located within the City. However, the holding ponds would be located in the drainage and utility easements and maintenance would be addressed in the Developers Agreement. Typically the maintenance would fall back onto the City. Commissioner Mazzitello asked if the previously abandoned discussion of a road connection to Mallard Road were changed from a full-width street to a 10-foot wide trail, would that be more in the realm of possibility. Mr. Eibensteiner replied that he would not be in favor of that. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO REOPEN THE PUBLIC HEARING TO ALLOW ANYONE WHO DID NOT HAVE THE OPPORTUNITY TO PROVIDE TESTIMONY AT THE LAST MEETING TO PROVIDE COMMENTS TO THE COMMISSION. AYES: 5 NAYS: 0 ABSENT: 2 (HENNES, COSTELLO) Mr. Scott Cottington, 1151 Orchard Circle, stated that Mr. and Mrs. Olin are good neighbors and they have every right to sell their land and do well on the transaction. Developers who see potential and take risks and build homes are entitled to their profit. He would support the Olin’s and reasonable development; however, this plan is not reasonable development. The developer wants the City to grant him the maximum number of lots and also a variance to jam them onto a road with only one outlet; that is not consistent with the character of the neighborhood, which is something that needs to be taken into consideration when granting a variance. The Commission suspects, as does he, that if 18 houses are approved then 18 houses will be built because those smaller homes are how developers and real estate agents make the most money with the fastest turn over and the least risk. He also submitted, based on the Commission’s own life experiences, that Mr. Benetti’s traffic estimates of 6 to 8 trips per household per day seems very low. The City of Apple Valley’s website July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 9 of 15 states that active households can generate up to 20 trips per day. With this estimate, plus the number of cars from Orchard Circle located nearby and the number of cars just passing through the neighborhood, the number of trips per day dumping onto Orchard Place could be up to 500+ cars per day – onto a 30-foot wide street with no sidewalks, no bike lanes, no street lights, or even a center line. He urged the Commission to use their authority to get better answers than what has been provided. Mr. Cottington then quoted City Ordinance 12-1D-17A as saying “An applicant for any proposed development or redevelopment project that results in the change or intensification of the existing or planned land use may be required to conduct or submit a recently completed traffic study, at the cost of the applicant and prepared by a licensed engineer, analyzing existing and proposed traffic patterns of the surrounding area for review and comment as part of any permit application.” He suggested the requirement of a traffic study be enforced prior to acting on this proposed development plan. The developer claims there are no alternatives to a single entrance onto Orchard Place, 43 yards from Orchard Circle, and if that is the case perhaps the project should be changed to provide for less density, less traffic, and a safer intersection. He believes this project should not be approved as is because of too many unanswered questions, denying the plans means it would simply go to the City Council and they would not have had the benefit of all of the input received by the Commission; the best option would be for the Commission to use their authority to force the development of a better plan, with fewer lots, and less traffic. He urged the Commission to rule only on what they must, and table all they can, to allow time for people to work this out. He stated that the Commission would have his and his neighbor’s commitment to do all that they could to move this along so that the Olin’s could sell their property and Mr. Eibensteiner could build a good neighborhood. Mr. Bob Fogt, 1145 Orchard Place, noted that this project fills his living room window. He referenced the discussions had on the length of this cul-de-sac but has not heard any mention made about the situations that are unique to winter access over a grade that is as steep as this. He believed that the importance of this issue, pertaining to winter access, is being downplayed. He also pointed out that there are no other alternatives to driving up this steep grade in the winter; it cannot be driven around. He provided commentary about witnessing vehicles unable to get up the hill, or struggling to do so. Some folks have even packed into his driveway to get a running start to make it up the hill. He was just happy that he had not seen any emergency vehicles trying to navigate that hill in the winter. Commissioner Noonan asked Mr. Fogt if he would feel more comfortable with the street being maintained by the City with sand, ice removal techniques, and plowing. Mr. Fogt stated that he would be more comfortable in that situation. Mr. John Huberty, 1140 Orchard Circle, noted that he is the father of two bike riders without training wheels. He echoed the sentiments made by Mr. Cottington; however, 18 homes in the area seems high and recommended limitations to that if possible. Chair Field replied that legally 18 homes would be permissible and the zoning would permit that. Mr. Huberty noted that the July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 10 of 15 allowances being made (i.e., street widths) need to be balanced appropriately and expressed his concern with the increase in traffic volume. Ms. Nancy Bartusch, 1890 Hunter Lane, noted that the trees shown in the presentation were planted by her 27 years ago and she is not interested in taking them down or in selling her property. She also noted that it has been very nice and quiet where they are and would like for it to remain so. Mr. Eibensteiner returned and noted that he is aware that there is traffic in the area; however, he can build up to 18 homes. As for the grading, the top of the hill will come down approximately 12 or 13 feet thus reducing the slope. He did not feel that this would be as much of a concern as was expressed. Commissioner Noonan asked for clarification on the width of the proposed road. Mr. Eibensteiner deferred to his engineer, Mr. Adam Ginkel of Plowe Engineering, Inc. located at 6776 Lake Drive in Lino Lakes. Mr. Ginkel replied that he may have made an error and mislabeled the road; however, the intent was to install the standard 33-foot width and he would have no objection to staff modifying the plans to read 33 feet. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 (HENNES, COSTELLO) COMMISSIONER NOONAN MOVED TO RECOMMEND APPROVAL OF PLANNING CASE 2017-14, PRELIMINARY PLAT OF ORCHARD HEIGHTS / VARIANCE / WETLANDS PERMIT APPLICATION BASED ON THE FINDINGS OF FACT AND IN ACCORDANCE WITH THE RECOMMENDATIONS SUBJECT TO THE FOLLOWING MODIFICATIONS: • Condition 2 should read “In lieu . . . ” instead of “In lies . . . ” • Delete Condition 3 • Modify Condition 9 to read “The City Engineer recommends the city allow the 33-foot face-to-face street width as proposed” The motion died for lack of a second. Mr. Benetti noted that the math in Condition 2 should be corrected to be “. . . (18 lots – 2 existing dwellings = 16 x $4,000/unit, or $64,000) . . .” COMMISSIONER MAGNUSON MOVED TO RECOMMEND DENIAL OF PLANNING CASE 2017-14, PRELIMINARY PLAT OF ORCHARD HEIGHTS / VARIANCE / WETLANDS PERMIT APPLICATION BASED ON THE GROUNDS THAT THE APPLICANT HAS NOT PROVIDED A SUFFICIENT BASIS NOR MET HIS BURDEN OF PROOF IN ESTABLISHING A VARIANCE FOR A 954 FOOT CUL-DE-SAC IS WARRANTED. July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 11 of 15 This motion died for lack of a second. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2017-14, PRELIMINARY PLAT OF ORCHARD HEIGHTS / VARIANCE / WETLANDS PERMIT APPLICATION BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed plat generally meets the purpose and intent of the Title 11 - Subdivision Code; and meets the general policies and goals of the 2030 Comprehensive Plan regarding LR-Low Density Residential areas. 2. The proposed lots meet the minimum standards in the R-1 Zoning District. 3. The City Council accepts the depths of the utility service lines presented under this preliminary plat request. 4. The Variance for an elongated cul-de-sac roadway section is approved based on the following added findings: a. practical difficulties are evident in this proposed development area, so a longer cul-de- sac is a reasonable request and will be used in a reasonable manner; b. the plight of the landowner is due to circumstances unique to the property not created by the landowner, especially the difficulties of not having a secondary access point connection provided when surrounding properties were being platted; and c. the variance to allow this longer roadway system will not alter the essential character of the neighborhood. 5. Any impacts to the wetlands will be determined upon submittal and review of a wetland delineation report; whereby city staff will ensure any mitigation measures (if needed) to complete work under this development in or around the wetlands will be done in accordance with State Laws and City Ordinances. AND WITH THE FOLLOWING REVISED CONDITIONS: 1. The existing single family dwellings and detached accessory buildings must be removed prior to the Final Plat being recorded by Dakota County. 2. In lieu lies of land dedication, the Developer/Applicant shall pay a park dedication fee in the amount of $4,000 per unit (19 18 lots – 2 existing dwellings = 17 16 x $4,000/unit, or $68,000 $64,000) is collected after City Council approval and before the Final Plat is recorded by Dakota County or issuance of any permits. 3. All new homes within this development shall have an automatic fire sprinkler/fire suppression system, reviewed and approved by the City Building Official. 4. Connection charges for sanitary sewer and water main shall be paid prior to issuance of any building permits. 5. The final grading plan must be submitted to the City Engineer prior to issuance of any grading or land disturbance permit. 6. Full erosion control plans and measures, including silt fence, bales and/or bio-filtration rolls must be in place prior to any construction and maintained throughout the duration of project. 7. Streets and utilities shall have approved profiles showing final street grades, horizontal curves, pipe lengths, pipe slopes, pipe materials, and elevations. 8. Street grades in excess of 6% - but no more than 8% are hereby allowed in certain locations as shown on the submitted Plans. In the event the Plans are revised in the future, the July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 12 of 15 Developer must make every effort to meet the 6% grade standard along this roadway section. Any changes to the Plans must be resubmitted to the City Engineer for review and approval. 9. The City Engineer recommends the city allow the 30-ft. face-to-face street width as proposed. [deleted as a friendly amendment by Commissioner Mazzitello as being unnecessary since the street width would then meet the standard] 10. Plans must be revised on the pond with a 10-ft. depth, whereby City Code permits only an 8-ft. maximum depth; and the top of the berm around pond shall be 1.5 feet above HWL. All revisions and new elevations to the plans must be approved by the City Engineer. 11. A SWPPP shall be developed for the project. Protected waters shall have a double silt fence/redundant BMP per MPCA rules, and a separate NPDES permit is required. 12. The Developer/Applicant shall submit a wetland delineation report to the City for review. Any impacts or mitigation measures (if needed) in order to complete construction work in or around the wetlands must be approved by the City prior to issuance of any permits. 13. No disturbances shall occur within a 25-foot wide wetland buffer, which shall include provisions for no cutting (non-mowing) and a natural vegetation buffer area around the delineated edges of the wetland. The buffer strip shall be shown and dedicated on the final plat. 14. Provide treatment from structures 301, 302, 303, 304. The proposed “Rain Guardian” is not an approved BMP. 15. Final drainage structure along streets shall have a minimum of 3-foot sump (301, 103). 16. Any utilities greater than 20 feet in depth will require council approval. 17. The Developer/Applicant shall provide subsurface drainage, per geotechnical report. 18. Temporary sediment basins will be required during construction. 19. Any proposed retaining wall(s) greater than 4 feet in height require engineered drawings. 20. All Plans shall be reviewed by St. Paul Regional Water Service. 21. The Developer/Applicant shall submit final grading and utility plans and a dimensioned site plan with associated easements, subject to review and approval by the Planning Department and Engineering Department as part of any building permit application. 22. 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. 23. Future construction on the newly-created parcels will be compliant with all applicable City Code and Building Code provisions Discussion: Commissioner Mazzitello stated that it appears that the length of the cul-de-sac is a huge issue with this proposed development, and having been through this on several different applications in the past, he had a brief exchange with the Police Chief and Chief McCarthy is not overly concerned with the length of the cul-de-sac for emergency response. If emergency responders need to get somewhere, they tend to get there. His bigger concern is the ability for people to get out in case of an emergency. He requested the opinion of the other Commissioners on this point. Chair Field stated that as the motion currently stands, he would vote in opposition. He is not only reminded of the Lemay Shores development, but also of Hidden Creek, which was developed in 2001. The developers, at considerable expense, bought an outlot that they completely dedicated to July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 13 of 15 the City with no residences whatsoever to avoid the cul-de-sac issue – which is now Nature Way. He would be willing to look at some sort of entrance and egress at the other end; however, as it is currently proposed he would not support the motion. Commissioner Magnuson agreed with Chair Field in that she would not support the motion either. Her primary concern is that she does not believe that the applicant has met his burden of demonstrating the appropriateness of a variance. She does not believe that there are practical difficulties and to the extent that there are, she believes them to be created by the proposed development itself. They may be overcome with some modifications, including some type of egress or some other type of access – perhaps even in the reduction in the number of parcels. This plan, as proposed, does not meet the practical difficulty standard. She continued by stating that a third issue that needs to be addressed is the affect this development would have on the character of the surrounding neighborhood. She did not believe that this development, as proposed, is consistent with the surrounding neighborhood. Commissioner Noonan respectfully disagreed with Commissioner Magnuson by expressing that he believes they have met the burden for the variance. The practical difficulty is the size and shape of the property, the Commission cannot lose sight of the fact that an individual does have the right to develop their property. The fact is that the property is long and narrow, is zoned to allow R-1 Residential, there was a recognition both in terms of the Comprehensive Plan and in terms of the Zoning Ordinance that this land would eventually be developed. If there were concerns with respect to the intensity of development, he would submit that the Comprehensive Plan would have reflected revised standards. In terms of meeting the practical difficulty of providing a secondary means of egress and ingress, the Commission heard very clearly from the neighbor that she is not interested in selling any of her property to allow for the cutting of a road. He shares Commissioner Mazzitello’s concern about people getting in and out in the case of an emergency; however, he believed that if an emergency situation existed, backyards would be a tremendous way out. He has a hard time making fire sprinklers mandatory; however, that is a fundamental belief that he had based on his experience as a builder. He plans to support this motion to approve. Chair Field noted that he does not believe that Commissioner Mazzitello’s solution to the secondary access is a reasonable solution; however, some sort of egress method of much less intensity is more what he would suggest at this point. He reiterated that during the Hidden Creek project they spent a lot of money to solve this problem. AYES: 2 (NOONAN, PETSCHEL) NAYS: 3 (MAZZITELLO, FIELD, MAGNUSON) ABSENT: 2 (HENNES, COSTELLO) Chair Field advised the City Council would consider this application at its August 1, 2017 meeting, which begins at 8:00 p.m. July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 14 of 15 Update on Approved or Pending Developments Mr. Tim Benetti, Community Development Director gave the following updates: • The Trammell Crow Group out of Chicago held a very well attended public information meeting at St. Paul United Methodist Church on The Village lots. They are proposing the four-story, 150 unit, active senior living development on that site. They are still pressing forward with the application. This item will probably be on next months Planning Commission meeting agenda. In response to a question from Chair Field, Mr. Benetti stated that there would be a healthy group in attendance at the Planning Commission meeting. Staff assured the group that the same quarter mile radius of residents would be informed of the meeting as was informed of the public information meeting and that they would also be informed of any subsequent meetings with the City Council. Commissioner Magnuson asked for clarification that this property is the vacant property to the north of the medical hospital. Commissioner Noonan asked if the Council had indicated that they would be willing to sell to Trammel Crow. Mr. Benetti confirmed that the Council did cancel the Letter of Intent with them with the understanding that they would still allow Trammel Crow to re- tweak the plans and still work presenting their plans to the public and also work on finalizing a proposed traffic study. He also noted that the audience at the public information meeting was not very receptive. • Precision Homes, LLC will be submitting another Critical Area Permit for a new spec or model home at the August Planning Commission meeting Commissioner Petschel asked if this application needed to go to the DNR before going to the City Council. Mr. Benetti replied that it already has, as well as to the City of Lilydale, and St. Paul Parks Department. The DNR had do concerns and no responses were received from the City of Lilydale or from St. Paul Parks Department. • Two other items on the agenda include a Critical Area Permit for a tear-down and rebuild off of Knollwood Lane; and a Conditional Use Permit for All-Tech Engineering to build a higher than 6-foot high fence for security reasons • The City Council overturned the Recommendation of Approval on Planning Case 2017- 11. This required a super majority (four-fifths vote) and it only received a three-fifths vote. • Planning Cases 2017-12, 2017-13, and 2017-15 were all approved as recommended by the Planning Commission Staff and Commission Announcements July 25, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 15 of 15 Chair Field asked that Mr. Benetti include in his staff reports a wider aerial view of the subject parcel showing all of the adjacent land uses. Mr. Benetti agreed to do so. National Night Out is scheduled for Tuesday, August 1, 2017. Adjournment COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN TO ADJOURN THE MEETING AT 8:38 P.M. AYES: 5 NAYS: 0 ABSENT: 2 (HENNES, COSTELLO)