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2018-05-22 Planning Comm MinutesMay 22, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 1 of 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES May 22, 2018 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 22, 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 June 28, 2016 Minutes COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER CORBETT TO APPROVE THE MINUTES OF APRIL 24, 2018, AS PRESENTED. AYES: 7 NAYS: 0 Hearings A) PLANNING CASE #2018-11 SHERBURNE-SLATER CONSTRUCTION ON BEHALF OF HUGH CULLEN, 1179 CENTRE POINTE CIRCLE WETLANDS PERMIT Working from materials provided to the Commission prior to the meeting, Community Development Director Tim Benetti explained this application was submitted by Sherburne-Slater Construction on behalf of Hugh Cullen, who is the owner-developer of the property. They were seeking a Wetlands Permit to construct a new 30,000 square foot office building at the property located at 1179 Centre Pointe Circle. Mr. Benetti shared an image of the subject property relative to its location within the city, surrounding properties, and streets. The property is located directly south of City Hall, just off of Lexington and Centre Point. The lot itself is just over 3.5 acres and is a pie shaped lot in that it was platted with a 50-foot flag strip back in the early 2000’s. The 50-foot strip is actually a private strip of ground with a roadway on it that is considered private; however, the city has been maintaining it. This strip provides an access point for the back properties and for the future development of this lot. May 22, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 2 of 5 There are approximately 30 parking spots on the south side of the subject parcel. These spots are not used very much; however, they are used for overflow parking. The site itself is pretty vacant and overgrown with natural vegetation, but nothing specific or significant. The project involves a new 30,000 square foot building proposed by Mr. Cullen. Staff currently does not have any new elevation or architectural plans but assumes that they would be consistent with what is being built out there, consistent with the Centre Pointe Development Office project. The site is currently planned out for 120 parking spaces; the current code requires one space for every 200 square feet of useable net office space; which when taking into consideration the 30,000 square feet would equate to 150 parking spaces. Staff believes that when it nets out – when the final detailed floor plans are available – that the 120 plan parking spaces would be more than enough. Mr. Cullen also plans to have all of the office uses he currently owns or maintains to provide for some shared parking or joint parking facilities between each other. Chair Field asked for confirmation that the subject of the hearing this evening was not concerned with the number of parking spaces, but only with the Wetlands Permit application. Mr. Benetti confirmed; however, he noted that it is all tied into the site plan or building plan so staff wanted to point out anything that might cause the Commission or staff any concerns. A detailed drainage and stormwater management plan were provided to the Commissioners in their information packet. The requirements are that this property has to retain its own stormwater retention before it dumps anything into the pond on the backside of the property. Mr. Benetti reviewed the analysis of the Wetlands Permit indicating that the proposed work or construction of the new office building is slightly within the 100-foot setback area from the established pond edge. However, 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 – no new piping or anything of the sort. Very minimal grading work is planned for the back side of the building and they are leaving enough space that staff is very satisfied with the buffer area. Commissioner Toth asked where the drain system – the water filtration system – drain towards. Mr. Benetti replied that eventually it does tie into existing pipes so there would be no disruption to the wetland area for the installation of the water filtration system. Commissioner Toth asked if the water flowage from the other parking lots or buildings would be flowing past this new retention system and continuing to the wetland. Mr. Benetti replied that the previous water flowage would be picked up by this new retention system first, gets pre-treated, and then flows into the pond. Commissioner Noonan, referring to the conditions, noted that numbers 1-5 were conditions relating to the wetland; however, he was unsure why numbers 6, 7, and 8 were there given the fact that they are moot – more than anything else. They have to comply with these conditions regardless. Mr. Benetti agreed that they are moot but he wanted to make sure they were reinforced upon the approvals. Commissioner Noonan understood, but the Commission is introducing conditions that have nothing to do with the application and only confuses the situation. He believed it to be bad practice to introduce conditions that have nothing to do with the application before the May 22, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 3 of 5 Commission. These conditions are normal and customary building permit conditions and have nothing to do with the wetland. Mr. Benetti replied that he would defer to the Commission’s wishes. Commissioner Magnuson asked if the Commission would see this application again or if this was the only time they would see the proposal. Mr. Benetti replied that this would be the only time they would see this. The Planning Commission does not do official site plan reviews; unless the applicant asks for a variance in the future. Mr. Nate Sherburne with Sherburne-Slater Construction had nothing to add to the staff report and thought it to be very thorough. He also indicated that this building would match the other seven buildings in the development to wrap up the business park. Chair Field opened the public hearing. Mr. Dave Kemp, 2105 Lexington Avenue South, is the Strategic Planning and Project Manager for the Catholic Cemeteries – of which Resurrection is a part of. They expressed their desire to have a couple of issues address: • In the past there has been a lot of wash coming down across their sections, depositing dirt and sediment on markers (this went back to when it was farming land). He spoke to Mr. Sherburne and believes most of these issues have been addressed. He just wanted this noted for the record. • Also, they have a catch basin on the edge of their property and this subject property and their storm sewer runs under their property to the lake. They wanted to ensure that they do not have a lot of things or if it could handle that type of flow – especially with as much impervious surface as they are now creating with the building and the parking lot. He did not know about the holding tank and believes it to be a good step forward to preventing other things going in. Commissioner Toth noted on the subject property they are going to install a retention system to collect the surface water within this new project. He assumed that it had been engineered for an average rainfall. He asked what would happen if a 4-5 inch per hour rainfall occurred and the retention system filled up with water to its fullest point and then exited towards the pond; would it have an impact on the information just provided by Mr. Kemp – or is the retention system built to handle a large amount of water. Public Works Director Ryan Ruzek replied that the system was designed for a 100-year storm event using the Atlas 14 Rainfall Intensities. That does equate to an approximate 7.4 inch rainstorm over a 24-hour period. The system is also designed to have an emergency overflow. Chair Field asked for a motion to close the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 May 22, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 4 of 5 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-11, WETLANDS PERMIT APPLICATION FOR 1179 CENTRE POINTE CIRCLE BASED ON THE FOLLOWING FINDINGS OF FACT: 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. AND WITH THE FOLLOWING CONDITIONS: 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. 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. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its June 5, 2018 meeting. May 22, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 5 of 5 Staff Announcements / Update on Developments Community Development Director Tim Benetti gave the following verbal review: • A joint Parks & Recreation Commission and City Council meeting where good discussion occurred regarding natural resources as part of the plan. Although the Metropolitan Council (Met Council) does not require a natural resources plan, a small element was in the last plan. There is a high desire by some residents to incorporate a natural resources chapter or plan. Staff has been directed to provide for a separate element or chapter, which Mr. Benetti is currently crafting. He will also be providing a Critical Area Plan as part of the Mississippi River Corridor Critical Area updates which, as part of the State Law that was recently updated, the city has to implement a plan into the Comprehensive Plan and then afterwards implement a brand new ordinance to be part of the Critical Area Permit processing. This will all come much later; however, he hopes to have more information at the June Planning Commission meeting. • Staff also has an extension granted tentatively by the City Council; therefore, instead of having the Comprehensive Plan completed by June 30, 2018 for the six month review to the adjacent jurisdictions. Additional information on that to come later, along with some new updates. • The follow-up hearing regarding the Michael Development apartment project on the Mendota Motel-Larson Garden site is scheduled for June 1, 2018. This will be a re- arguments of the case affecting the rezoning decision on the project. A preliminary finding has been received from Dakota County district courts. The parties need to go back before the judge and re-argue or hear new arguments based upon the actions that were done by the Planning Commission and City Council in March 2018. • Another workshop meeting may need to occur in June 2018 focusing on the information in the Comprehensive Plan. Dates and times will be polled in the near future. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO ADJOURN THE MEETING AT 7:26 P.M. AYES: 7 NAYS: 0