Loading...
2020-07-28 Planning Commission MinutesAPPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 1 of 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES July 28, 2020 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 28, 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 Patrick Corbett, Litton Field, Michael Toth, and Andrew Katz. Those absent: Commissioners John Mazzitello and Brian Petschel. Approval of Agenda The agenda was approved as submitted. Approval of June 23, 2020 Minutes COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH TO APPROVE THE MINUTES OF JUNE 23, 2020 AYES: 5 NAYS: 0 Hearings A) PLANNING CASE 2020-14 TEMPO HOMES AND VINH TRUONG, 1217 VICTORIA CURVE – CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that Calvin Tran with Tempo Homes, as the applicant acting on behalf of Vinh Truong, is seeking a Critical Area Permit to construct a new single-family dwelling on property situated in the Critical Area Overlay District. City Code Section 12-305 requires a critical area permit (CAP) for all major development activities requiring a building permit or special zoning approval in this overlay district. The applicants also seek a conditional use permit (CUP) to construct an oversized attached garage up to 1,475 square feet in size. Hearing notices were published and mailed to all properties within 350-ft. of the site; comments received were included in the packet. 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). APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 2 of 10 Staff recommended approval of this application based on the findings and with conditions. Commissioner Corbett asked for details on ordinances dictating the position of the home on the lot. He asked if the string method of determining setbacks was used, or whether it should be used. He also asked if the adjacent homes are in compliance with the right-of-way setbacks. Community Development Director Tim Benetti stated that staff and legal counsel came to the conclusion that the string yard rule applies to the minimum front yard setback rule and provided background information on that rule. Commissioner Corbett stated that it would then appear there is no intent in the string method to align home placement and is strictly a minimum front yard setback. Community Development Director Tim Benetti confirmed that only establishes a minimum front yard setback. He explained that a home could be placed further back on the lot, as long as the other required setbacks are met. Calvin Tran, Tempo Homes, representing the applicant, provided information on the owner of the property, who works at the VA and chose this home selection because it was close to his work. He also provided background information on himself and his past ten years of experience. He stated that they have taken the issues of erosion and drainage, which he believes are addressed by their plan. He stated that the design of the home is more modern, as he builds modern custom homes. He stated that all the concerns of the neighbors have been taken into consideration. He stated that they revised the drainage plan to address the issues of the neighbor, directing the water away from adjacent lots and instead to Victoria Curve. Commissioner Katz asked for details on the choice to place the home so far back on the lot. Mr. Tran stated that they chose the back placement in order to minimize the impact of tree removal. He noted that the driveway was also a concern, noting that the closer to Victoria Curve, the harder it would be to meet the slope requirements because of the topography of the hill. Commissioner Katz stated that it would appear that they are placing the home further back and at the highest spot, therefore his concern would be for two of the neighbors who would have a house sitting in an area that was their backyard or side yard. He stated that he would want to see a plan in place to create a natural border to minimize that impacts to neighbors. He asked if any of the grading would have to be changed on the property. Mr. Tran stated that if they choose another location for the home, they will have to remove more trees. He stated that he has a background in landscaping, and they have revised their erosion and grading plan to drain the water out towards the street rather than to the adjacent neighbors. Chair Magnuson opened the public hearing. Alan Olstein, 1954 Glenhill Road, stated that he and his neighbors have concerns with the drainage from this site. He stated that the applicant has stated that his plan has been modified to address APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 3 of 10 some of the drainage concerns brought forward in previous conversations. He stated that if you follow the arrows where water is going to flow, it goes into three of the adjacent neighboring lots. He stated that they would like to know about the measures being contemplated to resolve this drainage problem. He stated that a number of the neighbors have questions the choice of home placement for the lot, considering the added distance between the roof and Victoria Curve, which is where the water is supposed to go. He explained that additional front setback would only increase the distance the water needs to travel. Chair Magnuson asked if Mr. Olstein has had an opportunity to speak with the builder. Mr. Olstein replied that they have not met with the builder and the first they heard of this request was the notice from the City the previous week. Greg Bolin, 1215 Victoria Curve, stated that he sent an email with photographs to staff last Friday. He noted that his first concern is with the drainage for the site. He stated that the arrows on the plan show water going right to his home/basement. He noted that he has been told that a swale is included and wanted to ensure that would be provided to protect his home. He stated that in reviewing the grading contours, many of the lines come close to mature trees on his property and into some of his landscaping. He wanted to ensure that grading would be staked in order to prevent damage to mature trees and landscaping. He stated that his final concern is with the home placement. He noted that all of the homes were placed in a manner that each looks out into the backyards of other, whereas the placement of this home would be in the middle of everyone’s line of sight. Chair Magnuson asked for details related to the elevation of the subject property compared to the Bolin property. Mr. Bolin replied that the subject property is about two feet higher than his property. Lynn Burow, 1219 Victoria Curve, and property owner to the west, stated that her concern is with the drainage. She stated that she does not want the water to go into her garage. She stated that she does not mind the placement of the home as it is less impactful to her home and the trees would remain. Commissioner Katz asked if the resident has a problem with drainage currently. Ms. Burow commented that sometimes the garage is wet after a large amount of snow melts. She stated that she would not be concerned with the addition of the homes, as long as there is not disturbance within 20 feet of her garage as she did not believe that would impact her home at that point. She stated that if most of the drainage goes to the street, she believed there would not be an additional issue. Commissioner Katz asked if the resident has spoken with Tempo Homes. Ms. Burow commented that she has not. APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 4 of 10 Commissioner Katz asked if the retaining wall between the resident garage and the property line is existing. Ms. Burow stated that she has a hand-built boulder wall that is not technically a retaining wall. Commissioner Toth asked the type of soil on the subject site. Public Works Director Ryan Ruzek replied that a soil survey has not been submitted. He commented that staff would not be concerned about a wetland type soil, it would be a more stable soil. Commissioner Toth commented that if the type of soil were known, that would help to determine the impact. He stated that it would also be helpful to know the elevation of the footings of the homes to the east and west compared to what is being built. He reviewed some of those elevations Public Works Director Ryan Ruzek provided details on the elevations of the proposed home. Mr. Tran commented that the elevation of the proposed home on its east side is very similar to the elevation of the home to the east. Seeing no one further coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER CORBETT, MOVED, SECONDED BY COMMISSIONER FIELD, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT REQUEST FOR 1217 VICTORIA CURVE, WITH WOULD ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING WITH AN OVERSIZED ATTACHED GARAGE, WITH THE FOLLOWING CONDITIONS: 1. A BUILDING PERMIT, INCLUDING ALL NEW GRADING AND DRAINAGE WORK, MUST BE APPROVED BY THE CITY OF MENDOTA HEIGHTS PRIOR TO THE COMMENCEMENT OF ANY NEW CONSTRUCTION WORK. 2. FULL EROSION AND SEDIMENT MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND CONSTRUCTION WORK ACTIVITIES. 3. 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. 4. A COMPLETE AND DETAILED LANDSCAPING PLAN MUST BE SUBMITTED TO THE CITY FOR REVIEW AND APPROVAL AS PART OF ANY NEW BUILDING PERMIT PROCESS. THE APPLICANT AGREES TO REPLANT ONE NEW TREE APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 5 of 10 (MINIMUM 2.5” CALIPER SIZE FOR DECIDUOUS AND 6’ FOR EVERGREENS) FOR EACH SIGNIFICANT TREE REMOVED FROM THE SITE FOR THIS HOME PROJECT. AS PER THE CITY’S POLLINATOR FRIENDLY POLICY, ALL NEW TREES AND LANDSCAPING SHALL MEET THE CITY’S NATIVE PLANT LIST. 5. ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. WEEKENDS. 6. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE ESTABLISHED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE PROJECT IS COMPLETED. Further discussion: Commissioner Field noted that many of the concerns expressed will be addressed throughout the City review process. Chair Magnuson encouraged the builder to make themselves available to the neighbors to hear their concerns related to drainage. AYES: 5 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its August 4, 2020 meeting. B) PLANNING CASE 2020-15 MICHELLE CULLIGAN, NW QUADRANT OF VICTORIA CURVE AND GLENHILL ROAD – PRELIMINARY PLAT, CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT AND VARIANCES Community Development Director Tim Benetti explained that Michelle Culligan, acting on behalf of her parents and property owners Larry and Mary Culligan, is seeking to subdivide an existing vacant parcel into nine (9) new lots, to be titled “Valley View Oak 3rd Addition” to Mendota Heights. Hearing notices were published and mailed to all properties within 350-ft. of the site; a number of comments and/or concerns were received and included in the packet. 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 that the public hearing be held, and the issue then be tabled to allow input from the Park and Recreation Commission. He noted that this would then come back to the Planning Commission on August 25th. APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 6 of 10 Commissioner Field stated that the rules allow someone to testify once and asked how that would apply in this situation where they could speak but then additional information could come forward from the Park and Recreation Commission that they might want to respond to at the next meeting. Commissioner Corbett believed that people are allowed to speak twice, as long as everyone has had an opportunity to speak. Chair Magnuson stated that she would be willing to allow people to respond at the second meeting to things that may have changed. Community Development Director Tim Benetti confirmed that staff would recommend allowing people to comment at both meetings. Michelle Culligan, applicant, stated that this land has been in their family for almost 100 years and her parents currently live on the property. She stated that because of that, they take how the property could be developed very seriously. She recognized that there are a number of challenges with the topography and the Critical Overlay District and therefore reached out to staff early in this process along with experts to help guide them. She stated that they have approached this in a manner of working with the topography to minimize tree removal and maintain the wooded nature of the property. She stated that they intended to hold a neighborhood meeting but refrained because of COVID and the age of her parents and therefore felt that the public hearing would be the best method of obtaining input. Commissioner Corbett asked if this project would be feasible without the variances. Ms. Culligan replied that it would be feasible without the variances but that would require additional tree removal which would expose more of the bluff. Commissioner Corbett asked if the retaining walls every 20 feet would be feasible. Ms. Culligan confirmed that would be possible but would be costly, require tree removal and is something she would rather avoid. Chair Magnuson stated that the retaining walls would span multiple properties and therefore could create a problem with maintenance. She asked how that would be handled. Ms. Culligan stated that there has been discussion of an HOA to maintain that element and others. She noted that discussion of a conservation easement was also discussed. She stated that the homeowners themselves would also desire an association in order to preserve the environment and nature of the neighborhood. Commissioner Katz stated that he appreciates the spirit to attempting to keep the bluff and vegetation preserved. He stated that because this is within the Critical Area, there is a possibility that this area was used as a burial ground. He asked the procedure the property owners would follow if bones were discovered. APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 7 of 10 Ms. Culligan stated that she is not aware of all the steps would be taken but acknowledged that there is a procedure outlined. Chair Magnuson confirmed that State law would govern that process. Commissioner Katz stated that he simply wanted to ensure that the property owner was aware of the process that would need to be followed if that were to occur and the expense/change in direction that could be needed. Tom Goodrum, planning consultant for the applicant, stated that he appreciates all of the comments that have been received, recognizing that development within the Critical Area does not happen all the time. He provided background information on his firm and their experience with bluff development and critical area development. He also reviewed his experience with bluffs and critical areas. He stated that although the retaining walls reach up to 23 feet, that height is only in a very small area of the walls. He stated that they worked with the DNR and were conservative on their slope analysis. He stated that they want to respect the slopes and they need the retaining walls to help them with that. He noted that none of the retaining walls or house pads are up against the 40-foot setback line. He stated that they attempted to stay east to the extent possible, which is why variances are included. He stated that the soils on this site are fast draining. He stated that any drainage coming off the slope would be brought to the retention pond for treatment and disbursed at a much slower pace. Commissioner Toth referenced the locations of the retaining wall and degree of slope, asking if that would be a walkable slope. He stated that there is currently vegetation holding the soil in place and asked how they would prevent erosion once the vegetation is removed. Mr. Goodrum stated that they have a stormwater prevention plan to ensure that when the land is striped, they establish erosion control measures. He stated that once they open the soil, they will know which erosion control measures will be implemented. He commented that a 40 percent slope would be slightly greater than a freeway embankment. He stated that the wall would be vertical and provided details on the wall locations. Commissioner Toth asked the type of material that would be used for the walls. Mr. Goodrum replied that they are unsure as the soil type would dictate the materials/type necessary. He recognized that the City has material requirements as well. He stated that they will work with City staff to ensure the design meets everyone’s standards. Chair Magnuson opened the public hearing. Allen Olstein, 1954 Glenhill Road, stated that he wants the developers to be aware that the two proposed properties across the street from his property are adjacent to a blind curve. He commented on the hazard of backing out of property in that area. Steven Douglas, 330 G Street, stated that there is a holding pond in the corner that is not visible on this plan. He stated that about 20,000 gallons a day drain to that area and water comes into his APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 8 of 10 basement. He stated that he cannot handle any more water and has been unable to sell his home because of that problem. Bob Bruestle, 370 G Street (Mendota), stated that the former proposal of the development included a holding pond, which is not a retaining pond. He stated that a small pipe came out of that pond and inundated his yard. He stated that he blocked that pipe and is currently draining is through a hose. He stated that when the soil is frozen there is not retention. He stated that he would like to see a topographical map, as the property all slopes. He stated that the Mendota Springs have not yet been addressed, noting that hillside is full of springs and if cut into, that water drains out. He stated that there are two real Indian mounds under the original Culligan development. He stated that this is a Critical Area and was initially looked at as urban open space. He commented that not everything has to be developed to have equitable living. He encouraged the Commission members to visit the area to see the slopes in person. He stated that in the winter, the water all comes down. Brian Mielke, 1395 2nd Street (Mendota), stated that he is the Mayor of Mendota and they have multiple concerns with this development. He stated that their concerns are not just what you see, but what you do not see, like the underground springs. He stated that the proposed walls built into the ground will disrupt the underground springs and adjacent properties. He stated that if the water is going to be drained to a retention pond, it will still eventually go into Mendota. He stated that he would think there is a reason this is the last undeveloped property in that area. He referenced a landslide that occurred 12 years after a previous development was built, noting that if this development is approved, the problems might not be seen today it will be seen in the future. He stated that he would like to see the DNR response to the project, as the DNR expressed concerns with development in Mendota. He stated that he is also curious if BWSR has commented. Chair Magnuson asked if the springs have ever been marked. Mr. Mielke stated that the Mendota property owners would welcome members of the Planning Commission to come to their properties and see the water on the property from the natural springs. Commissioner Katz asked if there is a list of ongoing issues with Mendota Heights that could be addressed between the cities, rather than bringing concerns forward on a piece by piece basis with projects. He stated that he wants to ensure that Mendota feels that Mendota Heights recognizes its concerns and that there is a cooperative relationship. Mr. Mielke commented that he believes there is a good relationship between the cities. He noted that he does not have any other concerns outside of this development, which he was alerted of this week. Community Development Director Tim Benetti noted that notices were mailed to property owners on July 14th and he sent something to the Mendota City Clerk prior to that date. Mr. Mielke stated that he will provide his email to City staff and would like to have notices of this type emailed to him as well. APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 9 of 10 Commissioner Katz commented that it appears the drainage issue in this case is the first concern. He asked if there are other concerns. Mr. Mielke stated that Mendota is a small city that operates differently than Mendota Heights. He stated that some of the property owners in that area have accepted the wet conditions, they simply do not want them made worse. Steve Golias, 1308 4th Street (Mendota), stated that he owns block 34 and the triangle piece that abuts this parcel. He stated that he is the Deputy Mayor of Mendota and has been on the Council for 30 years. He stated that the development that occurred in the 1980s just happened, as the process was much different then. He stated that the consequences from that development have been severe. He stated that the property owner at 1290 4th Street has been at the hospital and was unable to attend but also has concerns over this development. He stated that water does run 365 days of the year, even in the winter. He stated that they water their plants with water coming out of the hills. He stated that the Mendota City Council only meets once per month and therefore its Planning Commission and City Council could review the issue at their August meetings. He stated that he has two homes on his property that are served with well water and has concern with the damage that could occur to the springs in the hills with this development and the impact that could have on their wells. He stated that when this project was proposed in the 1980’s, it was stopped because MnDOT would not give access to 110. He stated that he is concerned with water runoff from the steep slopes. He asked if the holding pond would be City owned and maintained. Public Works Director Ryan Ruzek commented that the holding pond is City owned. He stated that when the new pond on Victoria Curve was constructed, the storm sewer was stubbed in for this property. Mr. Golias stated that he would want to ensure that the pond does not discharge down slope. He stated that he has concern with the disruption of the springs, impacts to wells, and would like to know additional information about the sewage and how that would be discharged. He stated that sometimes homeowners install swimming pools and asked if those would be allowed and if so, how would drainage of those be handled. He stated that the subject property was an old wagon trail and when he was young his father found an old musket. He stated that he would caution not just against burial grounds, but other artifacts that could be found. He stated that his triangle piece of property is landlocked and technically a part of Mendota Heights. He stated that if this goes forward, he would like to have access to water or to allow that parcel to be a part of Mendota. Mark Hunt, 1224 Culligan Lane, stated that there are a lot of issues with this property and it seems that it would seem to have additional engineering completed. He stated that he is concerned with the number of variances requested within the Critical Corridor area. He stated that the retaining walls seem triple the size of anything in this area. He stated that he is very concerned with the tightness proposed, noting that one lot would adjoin to his backyard. He stated that he does not want to see the land stripped. Ms. Culligan stated that they can explore the drainage concerns more. She stated that they could have less variances, with a wider road, but that would have more impacts. She explained that they are trying to work within the bounds of the property. APPROVED 08/25/2020 July 28, 2020 Mendota Heights Planning Commission Meeting Page 10 of 10 Mr. Goodrum stated that he appreciates the input from residents that have lived in the area for years and from City staff, noting that they will attempt to address those concerns when they come back in August. Chair Magnuson encouraged the applicant and their team to make themselves available to the residents and City staff of Mendota. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER KATZ TO LEAVE THE PUBLIC HEARING OPEN AND TABLE THE ISSUE TO THE AUGUST 25, 2020 REGULAR MEETING AND DIRECT STAFF TO BRING THIS LAND USE REQUEST ITEM BACK TO THE PLANNING COMMISSION ON THIS SAME DATE. AYES: 5 NAYS: 0 Community Development Director Tim Benetti noted that this will be reviewed by the Park and Recreation Commission on August 12, 2020. He noted that notices are not typically sent out when an item is tabled but stated that staff could send out notices prior to the August Planning Commission meeting if desired. Chair Magnuson advised staff to follow the normal process. Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: • The Fred Peterson plat that was recommended for denial was presented to the Council and was approved. • The Verizon Wireless request for CUP was approved. • The Preliminary and Final Plat of Cosgriff Place was approved. • LDK Builders request for CUP was approved. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 9:03 P.M. AYES: 5 NAYS: 0