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2020-02-27 Planning Commission MinutesFebruary 27, 2020 Mendota Heights Planning Commission Meeting Page 1 of 8 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 27, 2020 The regular meeting of the Mendota Heights Planning Commission was held on Thursday, February 27, 2020 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Mary Magnuson, Commissioners John Mazzitello, Patrick Corbett, Litton Field, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Election of Planning Commission Chair and Vice Chair for 2020 Chair Magnuson opened the nominations for the position of Chair. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER MAZZITELLO TO NOMINATE MARY MAGNUSON AS PLANNING COMMISSION CHAIR FOR 2020. AYES: 7 NAYS: 0 COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ TO NOMINATE JOHN MAZZITELLO AS PLANNING COMMISSION VICE CHAIR FOR 2020. AYES: 7 NAYS: 0 Approval of January 28, 2020 Minutes Commissioner Katz noted on page four, the fourth paragraph, it should state, “…deliveries do not some come…” On page seven, the last paragraph before the motion, it should state, “Commissioner Katz Petschel…” On page seven, the motion at the bottom, it should state, “Commissioner KATZ PETSCHEL MOVED…” On page eight, the bottom, it should state, …TABLE to the February 27, 2019 2020…” COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO APPROVE THE MINUTES OF JANUARY 28, 2020 AS AMENDED. AYES: 6 NAYS: 0 ABSTAIN: 1 (FIELD) February 27, 2020 Mendota Heights Planning Commission Meeting Page 2 of 8 Hearings A) PLANNING CASE 2020-02 JOHN COSGRIFF, 1875 AND 1885 HUNTER LANE – LOT LINE ADJUSTMENT Community Development Director Tim Benetti explained that Mr. John Cosgriff, in cooperation with Ms. Joy Van, are requesting consideration of a simple lot line adjustment between the properties located at 1875 and 1885 Hunter Lane. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Chair Magnuson opened the public hearing. John Cosgriff, applicant, stated that he was present to address any questions the Commission may have. Seeing no one further coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF THE LOT LINE ADJUSTMENT, BASED ON THE FINDINGS OF FACT SUPPORTING THE REQUEST, AND WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL FILE LOT/PARCEL COMBINATION DOCUMENTS WITH DAKOTA COUNTY INDICATING THE NEW PARCEL CREATED BY THIS LINE ADJUSTMENT SHALL BE ADDED TO OR COMBINED WITH 1875 HUNTER LANE PROPERTY, PARCEL ID NUMBER 27-18200-00-050. 2. ALL TRANSFER OR DEED DOCUMENTS WHICH CONVEY THE PORTION OF LANDS UNDER THE LOT LINE ADJUSTMENT AND LOT SPLIT PROCESS SHALL BE RECORDED WITH DAKOTA COUNTY. 3. NO DEVELOPMENT ACTIVITIES, INCLUDING GRADING/FILLING WORK, LANDSCAPING, TREE REMOVALS, RETAINING WALLS, FENCING, STAIRWAY February 27, 2020 Mendota Heights Planning Commission Meeting Page 3 of 8 OR WALKWAYS, OR ANY STRUCTURE REQUIRING A ZONING AND/OR BUILDING PERMIT WILL BE ALLOWED UNLESS AUTHORIZED UNDER A SEPARATE CRITICAL AREA PERMIT APPLICATION. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its March 4, 2020 meeting. B) PLANNING CASE 2020-03 RACHEL QUICK, 554 JUNCTION LANE – VARIANCE Community Development Director Tim Benetti explained that Rachel Quick, owner of 554 Junction Lane, is requesting consideration of a variance of two feet from the ten-foot side-yard setback requirements, in order to provide an addition and connection to a new two-car garage. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Chair Magnuson opened the public hearing. Rachel Quick, applicant, stated that she is present to answer any questions the Commission may have. Chair Magnuson asked why the garage could not be moved over two feet. Ms. Quick replied that there are significant water issues on that side of the house, and they are restructuring that corner of the house to resolve some of those issues which causes the tilt of the garage to protrude two feet into the setback. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 February 27, 2020 Mendota Heights Planning Commission Meeting Page 4 of 8 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST, BASED ON THE FINDINGS OF FACT THAT SUPPORT THE GRANTING OF THE VARIANCE REQUESTED HEREIN. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its March 4, 2020 meeting. C) PLANNING CASE 2020-01 GRAND REAL ESTATE ADVISORS, THE VILLAGE AT MENDOTA HEIGHTS AT 725 LINDEN STREET AND 735 MAPLE STREET – CONDITIONAL USE PERMIT TO AMEND A PLANNED UNIT DEVELOPMENT (PUD) Community Development Director Tim Benetti explained that Grand Real Estate Advisors is requesting approval to amend a previously approved planned unit development (PUD) development plan, which would allow a new mixed-use development proposal for the city-owned lots, generally located in The Village at Mendota Heights. The lots are bounded by Dodd Road to the west, Maple Street to the south, and Linden Street to the east. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Toth commented that parking is a premium in the metro area and would hope that the employees of the restaurant would understand that the premium parking spaces are for customers and employees should park further away. He referenced the parking identified on the street on Maple, noting that the City of Mendota Heights plows that area but acknowledging that the street width becomes smaller in the winter with accumulated snow. He suggested that perhaps the City does its best to keep those areas cleared. Commissioner Katz referenced the comment that the intersection at 62 and Dodd maybe an issue at the future but would be an issue of the County and asked for additional information. Community Development Director Tim Benetti explained that intersection has been studied in the past as there are known issues. He stated that there are alternatives and things that could alleviate that problem but because of the cost that will need to occur in the future. He noted that the new development proposed would not compound the issue. He stated that the State/County is aware of the project but the project falls into prioritized projects. Public Works Director Ryan Ruzek provided additional details on the proposed designs currently being reviewed for that intersection, noting that the future project would be a collaboration with MnDOT and the County as well. February 27, 2020 Mendota Heights Planning Commission Meeting Page 5 of 8 Commissioner Katz asked if the State would conduct its own traffic study before reviewing suggested designs. Public Works Director Ryan Ruzek agreed that is the process and noted that the City has been working with the State and County on this intersection for decades. He explained that if the City were to move forward without the State and County, the City would solely have to fund that improvement. Commissioner Katz asked if additional residents living in this proposed development would raise the attention of MnDOT. Public Works Director Ryan Ruzek explained that overall Dodd Road is a low volume road for MnDOT, and their efforts would focus more on 62. Commissioner Mazzitello commented that the 2017 traffic study reviewed the existing traffic conditions and assumed the worst case, most intensive development possible for the future and made recommendations for future improvements and the timing of those improvements. He explained that this development is less intensive than the originally planned development for the site and therefore the 2017 traffic study would still be relevant. Commissioner Corbett asked who owns the underground parking space. Community Development Director Tim Benetti replied that would be a privately-owned underground parking area but would be available for public use. Commissioner Corbett asked if an agreement would be necessary to use that for employee parking. Community Development Director Tim Benetti replied that an agreement would not be necessary as the parking would be available for public parking under the PUD. Commissioner Toth stated that his understanding was that the discussion was about employee parking tonight but would not require any specific employee parking. Community Development Director Tim Benetti confirmed that to be true. He stated that it is the management of the site and business. Commissioner Petschel asked if staff has reviewed the impervious surface comparison and finds that to be acceptable/accurate. Public Works Director Ryan Ruzek confirmed that as proposed this would meet the City’s goals and requirements. He referenced the storm water pond on the corner of Dodd and 62, noting that was originally sized for 19 townhome units and therefore would accommodate the proposed development along with the infiltration proposed. February 27, 2020 Mendota Heights Planning Commission Meeting Page 6 of 8 Judd Fenlon, Grand Real Estate Advisors, stated that he and his team are present tonight to address any questions the Commission may have. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO REOPEN THE PUBLIC HEARING. AYES: 7 NAYS: 0 Cindy Johnson, Master Gardener, stated that she works with the City related to pollinator friendly and sustainable landscaping. She thanked the developer for meeting with her, noting that they were very open to hearing about the information she shared. She stated that she was pleased to report that after the meeting, changes were made to make the plan is now more pollinator friendly and more sustainable. She highlighted some of the recommended changes that were discussed and those that were incorporated into the new landscaping plan. She believed that this modified plan will be a beneficial plan that will accomplish the goals of the developer but will also be sustainable and long lived. Chair Magnuson referenced the change from mulch to turf and asked if there was discussion on how turf maintenance would have an impact on the pollinator friendly goals. Ms. Johnson replied that they had discussed that the groundcover would be a better choice. She noted that there was discussion of minimal herbicide use and they did mention the high maintenance of turf grass. Seeing no one further coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. Jack Ammerman, Civil Design Engineer with Wenck, stated that they can continue to work with the Master Gardeners to come to a plan that would satisfy all parties. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER FIELD, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT APPROVING AN AMENDMENT TO THE 2002 MENDOTA HEIGHTS TOWN CENTER (THE VILLAGE AT MENDOTA HEIGHTS), WHICH WOULD ALLOW A NEW MIXED-USE DEVELOPMENT CONSISTING OF A 48-UNIT SENIOR APARTMENT BUILDING WITH A RESTAURANT, BASED ON THE FINDINGS OF FACT AND WITH THE FOLLOWING CONDITIONS: 1. THE DEVELOPER SHALL ENTER INTO A DEVELOPMENT AGREEMENT WITH THE CITY OF MENDOTA HEIGHTS, IN A FORM PREPARED BY THE CITY February 27, 2020 Mendota Heights Planning Commission Meeting Page 7 of 8 ATTORNEY; AND FINAL DRAFT SHALL BE APPROVED BY THE CITY COUNCIL. 2. DEVELOPER SHALL PROVIDE A CLEARLY MARKED CROSSWALK ON MAPLE STREET OVER TO THE SEPARATED PARKING LOT, WITH FINAL LOCATION AND DESIGN APPROVED BY THE PUBLIC WORKS DIRECTOR. 3. NECESSARY DRAINAGE AND UTILITY EASEMENTS SHALL BE INCLUDED ON THE FINAL PLAT, AS DETERMINED BY THE PUBLIC WORKS DIRECTOR AND IF NECESSARY, THE SAINT PAUL REGIONAL WATER SERVICES. 4. ALL NEW BUILDINGS SHALL BE CONSTRUCTED ONLY IN CONFORMANCE TO BUILDING AND SITE PLANS CERTIFIED BY A REGISTERED ARCHITECT AND ENGINEERS (AS APPLICABLE); AND IN ACCORDANCE WITH ALL ARCHITECTURAL AND BUILDING STANDARDS FOUND UNDER TITLE 12-1E- 8, SUBPART F “ARCHITECTURAL CONTROLS” AND SUBPART G – STRUCTURAL, ELECTRICAL AND MECHANICAL REQUIREMENTS. 5. ANY GROUND-LEVEL MECHANICALS AND UTILITY APPURTENANCES, MUST BE SCREENED WITH VEGETATION OR ONE OR MORE OF THE MATERIALS USED IN THE CONSTRUCTION OF THE PRINCIPAL STRUCTURE, WITH MUST BE REVIEWED AND APPROVED BY THE PLANNING DEPARTMENT AS PART OF THE BUILDING PERMIT PROCESS. 6. PLANT MATERIAL SHALL BE UTILIZED AS A SCREENING ELEMENT FOR ANY BUILDING UTILITY AREAS, BUT SHALL NOT OBSTRUCT FIRE DEPARTMENT CONNECTIONS OR HYDRANTS, TO BE REVIEWED BY THE PLANNING AND FIRE DEPARTMENTS AND VERIFIED AS PART OF THE BUILDING PERMIT REVIEW PROCESS. 7. A PARK DEDICATION FEE OF $4,000/RESIDENTIAL UNIT SHALL BE PAID AT TIME OF BUILDING PERMIT APPROVALS. 8. A PERFORMANCE BOND OR LETTER OF CREDIT SHALL BE SUPPLIED BY THE APPLICANT IN AN AMOUNT EQUAL TO AT LEAST ONE AND ONE-HALF TIMES THE VALUE OF SUCH SCREENING, LANDSCAPING, OR OTHER IMPROVEMENTS, TO BE INCLUDED AS PART OF THE DEVELOPMENT AGREEMENT. 9. THE DEVELOPER AND/OR THEIR RESPECTIVE AGENTS SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPING IN A CONDITION PRESENTING A HEALTHY, NEAT AND ORDERLY APPEARANCE AND FREE FROM REFUSE AND DEBRIS. PLANTS AND GROUND COVER WHICH ARE REQUIRED BY AN APPROVED SITE OR LANDSCAPE PLAN AND WHICH HAVE DIED SHALL BE REPLACED AS SOON AS SEASONAL OR WEATHER CONDITIONS ALLOW. ALL LANDSCAPE AREAS MUST BE IRRIGATED. 10. THE PROPOSED WATER SYSTEM SHALL BE DESIGNED AND CONSTRUCTED TO SAINT PAUL REGIONAL WATER SERVICE (SPRWS) STANDARDS. 11. BUILDING AND GRADING PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO CONSTRUCTION COMMENCEMENT. 12. 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 February 27, 2020 Mendota Heights Planning Commission Meeting Page 8 of 8 COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 13. ALL APPLICABLE FIRE AND BUILDING CODES, AS ADOPTED/AMENDED BY THE CITY, SHALL APPLY AND THE BUILDINGS SHALL BE FULLY PROTECTED BY AN AUTOMATIC FIRE SPRINKLER SYSTEM. Further discussion: Commissioner Mazzitello commended the applicant for providing the information requested by the Commission at the last meeting prior to tonight’s meeting and for working cooperatively with the Master Gardeners. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its March 4, 2020 meeting. Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: • The chicken ordinance recommended by the Commission was adopted by the City Council. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 7:56 P.M. AYES: 7 NAYS: 0