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2012-03-27 Planning Comm MinutesPlanning Commission Minutes March 27, 2012 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES March 27, 2012 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 27, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Norton (arrived at 7:03 p.m.), Commissioners Hennes, Noonan, Roston, and Viksnins. Those absent (excused): Commissioners Field and Magnuson. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director/City Engineer Mazzitello, and NAC Planner Stephen Grittman. Minutes were recorded by Heidi Guenther. Approval of Agenda The agenda was approved as submitted. Approval of February 28, 2012, Minutes Commissioner Hennes requested the spelling of Tim Aune’s name be corrected in the minutes on Page 8. Chair Norton arrived at 7:03 p.m. Mike Bader, 1673 Delaware Avenue, discussed several changes to the minutes. Assistant to the City Administrator Sedlacek commented it was highly unusual to take corrections to the minutes from the public. He suggested staff review the revisions from Mr. Bader, revise the minutes and resubmit the document to the Planning Commission. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO TABLE APPROVING THE MINUTES OF FEBRUARY 28, 2012 TO THE APRIL 24, 2012 PLANNING COMMISSION MEETING. AYES: 5 NAYS: 0 Hearings PLANNING CASE #2012-07 Michael and Michelle Bader Variance to Street Right of Way Width for Foxwood Lane Chair Norton explained the applicant has requested this item be tabled to the April 24, 2012 Planning Commission meeting. PLANNING CASE #2012-08 Tim Aune Subdivision Ordinance Amendment Pertaining to Cul-De-Sac Length Planner Stephen Grittman presented the request of Tim Aune for a subdivision Ordinance Amendment pertaining to cul-de-sac length. Planning Commission Minutes March 27, 2012 2 Mr. Grittman noted that current City Code states cul-de-sacs shall normally not be longer than five hundred feet (500 feet), including a terminal turnaround which shall be provided at the closed end. Due to the applicant’s request, the city was proposing to remove the word “normally” and adding language stating the five hundred feet shall be an absolute maximum, and any cul-de-sac in excess of three hundred feet (300’) shall require a written opinion from the Fire Chief to address unique circumstances for any cul-de-sac of three hundred feet (300’) to five hundred feet (500’) in length. The applicant also provided a supplement to the request setting four hundred feet (400’) with provisions for consideration by staff. Staff indicated there are only a handful of properties in the community that still had the opportunity for new streets and subdivisions. Mr. Grittman recommended that if the Planning Commission would consider approving the subdivision ordinance amendment, the commission should also consider modifications offered by staff as detailed in the report. Mr. Grittman stated that staff is comfortable with the current language; while there is not a fixed limit the language does serve as a reasonable guide. It is important to maintain flexibility for future development. Commissioner Noonan questioned how many cul-de-sacs in the city were longer than 500’ and asked if they would become non-conforming uses if the language were amended. Mr. Grittman stated he did not have the exact number. He noted that currently platted streets would remain as public streets and there would be no impact from the proposed amendment. Commissioner Viksnins indicated the applicant had concerns with safety if the cul-de-sacs were longer than 500’. He requested comment from staff on this issue. Mr. Grittman indicated public safety was the reason cul-de-sac limits exist. He noted the 500’ length is common, based upon development which would generate approximately 200-250 trips per day, which was the standard threshold for a typical single-family neighborhood. Commissioner Viksnins inquired if a private citizen has ever proposed an ordinance amendment in the past. Mr. Grittman explained this was rare, but not unheard of. Commissioner Hennes asked if the applicant’s request were approved, what impact it would have on Case No. 2012- 07. Mr. Grittman stated with the 500’ fixed length for cul-de-sacs, the applicant would be held to this number unless a variance was requested and approved. Commissioner Hennes questioned if it was right for the city to take action on this item with the other case pending. Mr. Grittman stated there would be impacts on pending subdivisions both now and going into the future. Commissioner Roston inquired if the city had any traffic or safety studies regarding cul-de-sac lengths. Mr. Grittman indicated a formal study has not been completed by the Fire or Police Department. Mr. Mazzitello stated the opinion of the Fire Chief and Police Chief were noted in this report and it was their recommendation cul-de-sacs remain as short as possible to assist with response times. Tim Aune, 554 Foxwood Lane, stated he was requesting an amendment to the subdivision ordinance. He reviewed the proposed amended language with the Planning Commission. It was noted the approval of this amendment supported and protected the interests of property owners. He referred to Planning Case in 2003 in which city code on length of cul-de-sacs protected his property interest. Mr. Aune felt his revisions provided clear language for strict enforceability of City Code. He noted he purchased his lot with the understanding the cul-de-sac would not be extended. For this reason, the length should not be increased. He encouraged the city to seek the best planning practices and not allow for variations from City Code. He requested the Planning Commission approve his language amendment as presented. Chair Norton opened the public hearing. Mike Bader, 1673 Delaware Avenue, stated he received notice of this item this morning. He presented the Planning Commission and staff with a written email and then discussed a letter written on December 23, 2010 to Jake Sedlacek and John Mazzitello, as well as an April 2007 letter to Sue McDermott. Mr. Bader indicated Mendota Planning Commission Minutes March 27, 2012 3 Heights had at least seven cul-de-sacs that were in excess of 500’ feet. Each was approved without a variance. He spoke with several homeowners living on these extended cul-de-sacs and public safety was not a concern. Mr. Bader stated this subdivision ordinance was directed towards him personally and felt this was violating his property rights. He felt this could be seen as spot zoning. Mr. Bader requested the Planning Commission deny the subdivision ordinance amendment. Jennifer Lutz, 548 Foxwood Lane, commented she did not feel Foxwood was unsafe with a 20’ wide road, given the fact the road had only three homes. She reminded the Planning Commission that the city was responsible for creating the 20 foot roadway on the 50 foot easement. Ms. Lutz was concerned about increased traffic on Foxwood Lane stating this would decrease the safety in her neighborhood. She believed the city should be clear on the length of a cul-de-sac to ensure it was enforceable. Chair Norton asked for a motion to close the public hearing. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 Commissioner Roston cautioned the Planning Commission from making determinations on roadway restrictions without the property traffic and safety study information from the Fire and Police Departments. COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND DENIAL OF THE SUBDIVISION ORDINANCE AMENDMENT, BASED ON THE FINDINGS THAT THE EXISTING CODE PROVIDES ADEQUATE GUIDANCE TO DEVELOPERS WITHOUT COMPROMISING SAFETY, AS WELL AS GREATER FLEXIBILITY IN SUBDIVISION DESIGN AS DETAILED IN THE STAFF REPORT. Commissioner Viksnins indicated the issues for Case No. 2012-07 would be thoughtfully considered by the Planning Commission and he did not feel a subdivision ordinance amendment was applicable at this time. Commissioner Hennes agreed, stating the amendment was premature. AYES 5 NAYS 0 Chair Norton advised the City Council would consider this application at its April 3, 2012, meeting. PLANNING CASE #2012-09 Barry Sommervold 609 Hampshire Drive Wetlands Permit for Pool Construction Planner Stephen Grittman presented the request of Barry Sommervold for approval of a wetlands permit for pool construction in the rear yard. Mr. Grittman noted that applicant has a fence in the rear yard 30 feet from the wetland. This area would remain in its existing condition to provide a natural buffer. He noted the improvements would be limited to within the fenced area. Mr. Grittman presented staff’s analysis of the request explaining the proposed project should not have a negative impact on the wetland, especially with the native vegetation plantings which serve to filter the runoff into the Planning Commission Minutes March 27, 2012 4 wetland. The project appears to meet the intent of the Wetlands Ordinance and will not degrade or threaten the water quality of the wetland. Staff recommended approval of the wetlands permit. Barry Sommervold, 609 Hampshire Drive, thanked the commission for reviewing his request this evening. Chair Norton opened the public hearing. Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER ROSTON, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT. AYES 5 NAYS 0 Chair Norton advised the City Council would consider this application at its April 3, 2012, meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012-05 2225 Apache Street Variance to the Front Yard Setback • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012-06 949 Mendota Heights Road Variance for Wall Signs and Sign Area • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012-07 Michael and Michelle Bader Variance to Street Right of Way Width • This item was tabled to the April 24, 2012 Planning Commission meeting. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO ADJOURN THE MEETING AT 7:43 P.M. AYES 5 NAYS 0 Respectfully submitted, Heidi Guenther, Recording Secretary