Loading...
2012-06-26 Planning Comm MinutesPlanning Commission Minutes June 26, 2012 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES June 26, 2012 The regular meeting of the Mendota Heights planning commission was held on Tuesday, June 26, 2012, in the council Chambers at City Hall, 1101 Victoria Curve at 7:03 P.M. The following Commissioners were present: Chair Norton, Commissioners Hennes, Noonan, Roston, and Viksnins. Commissioners Field and Magnuson were excused absences. Those present were Assistant to the City Administrator Jake Sedlacek, Assistant City Engineer Ryan Ruzek, and NAC Planner Stephen Grittman. Minutes were recorded by Heidi Guenther. Approval of 4zenda The agenda was approved as submitted. Approval of May 22, 2012, Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO APPROVE THE MINUTES OF MAY 22, 2012, AS PRESENTED. AYES: 4 NAYS: 0 ABSTAIN: 1 (VIKSNINS) Hearin-as PLANNING CASE #2012 -13 City of Mendota Heights Zoning Amendment Pertaining to new property maintenance code for commercial/industrial properties Planner Stephen Grittman presented the request of the city for approval of a zoning amendment pertaining to new property maintenance code for commercial /industrial properties. Mr. Grittman noted that last summer the council authorized staff to pursue a drafting a property maintenance code as was done for the residential zoning district. The draft ordinance was designed to address current, ongoing maintenance concerns in addition to providing a means to address future maintenance issues. This code has been discussed previously by both the planning commission and city council. Mr. Grittman presented staff's analysis of the request and recommended approval of the Commercial /Industrial Property Maintenance Code, as submitted. Commissioner Noonan explained this item was tabled last month to allow time for staff to address the code amendment with the commercial /industrial property owners. He questioned if this was completed by staff. Mr. Sedlacek explained the Dakota County Regional Chamber of Commerce published the information three weeks in a row. The matter also received publicity from Patch.com and the Pioneer Press. Commissioner Noonan asked how issues of concern would be addressed without a maintenance code. Planner Grittman stated extreme code enforcement issues would have to be addressed through existing nuisance ordinance, which could require a lawsuit against the property in the court system. Planning Commission Minutes June 26, 2012 Commissioner Viksnins questioned how the maintenance code language was developed. Planner Grittman indicated the framework was pulled from the international property maintenance code model and followed the city's residential maintenance code language. Some of the content was also drawn from surrounding communities' code, such as Eagan, Chanhassen and Burnsville. Commissioner Viksnins inquired if these communities had been challenged concerning the commercial /industrial maintenance code. Planner Grittman stated the surrounding communities have had this code in place for a number of years and he was not aware of any legal concerns. Commissioner Roston asked if the city had ever had to pursue a nuisance lawsuit against a property. Planner Grittman was not aware of any commercial or industrial property needing action. He recalled a single family home that had a fire, which needed action taken against it. It was noted that this code would not impact residential properties. Commissioner Roston questioned if staff was aware of any properties in violation of the code at this time. Planner Grittman was aware of a couple properties that would be in violation. Chair Norton opened the public hearing. Ruthe Batulis, President of the Dakota County Regional Chamber of Commerce, explained the chamber had 515 members. She indicated the zoning amendment language was sent out to her members. Ms. Batulis discussed the feedback received with the commission. It was noted that most prudent property owners have, and will continue to maintain their property to protect their property value. Feedback from chamber of commerce members was that there was no need for the new law, but businesses could live with it. She questioned if the code had a timeline for properties to be brought into compliance and described some specific suggestions for the language in the code. She stated the businesses were willing to form a partnership with the city moving forward. Commissioner Noonan was in favor of the city being proactive on this issue. Commissioner Hennes asked if business owners were supportive of the code in concept, and if their concerns were limited to terms used in the code. He questioned if the maintenance code was an issue in the City of Eagan. Ms. Batulis stated there is push back from business /industrial property owners when cited for a violation. Bob Englehart, owner of Fischerville Coffee shop, understood his property was in need of maintenance. His intent for the site is to demolish the old service building and retaining wall, and completing grading for additional parking. He was not opposed to the maintenance code and requested the city be patient with businesses while they work to finance and improve their properties. Commissioner Roston questioned if the work described on Mr. Engelhart's property was going to be completed with or without the ordinance amendment. Mr. Engelhart stated this was the case. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER ROSTON MOVED, SECONDED BY CHAIR NORTON, TO RECOMMEND DENIAL OF THE COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE CODE BASED ON THE FINDINGS THAT CURRENT REGULATIONS HAVE SERVED THE CITY ADEQUATELY AND THERE IS NO NEED FOR FURTHER AMENDMENT. Commissioner Hennes questioned if the item should be tabled instead of denied allowing staff to work with the Chamber and area businesses on the language within the Code amendment. He saw value in the maintenance code going into the future. 2 Planning Commission Minutes June 26, 2012 Commissioner Viksnins agreed stating there were improvements that could be made but fully supported having the maintenance code in place. Chair Norton appreciated the time invested in this code amendment, but this language change was being requested based on comments received from a few individuals. He did not support the maintenance code for commercial /industrial properties as current code addressed these matters. Commissioner Noonan stated the council was in favor of having a commercial /industrial maintenance code in place and directed the commission in this manner. Commissioner Roston commented the council appointed the planning commission to act on behalf of the best interests of the city and independent decisions should be made at this level. He did not oppose staff working further with the Chamber to refine the language within this code, which could be brought back to the commission in the future. He did not feel the city needed to create a code for a problem that does not currently exist. Commissioner Hennes requested further clarification on the council's direction on this matter and if current code addressed commercial/industrial properties. Mr. Sedlacek clarified that the current maintenance code only addresses the residential zoning district. Commissioner Hennes questioned how an industrial property issue would be addressed by the city at this time. Mr. Sedlacek stated staff contacts the property owner to resolve the issue, which in most cases leads to a resolution. He noted most issues are dealt with on a case by case basis without requiring formal enforcement action. Commissioner Viksnins stated there was not a widespread problem in Mendota Heights with the maintenance of its commercial/industrial properties. However, he was still in favor of having a code in place to assist with administering this issue. He added that neighboring communities were having success with such an ordinance and given the council's directive, he was in favor of adopting the maintenance code. Commissioner Noonan agreed stating he would rather table action on the code rather than deny it entirely. If the maintenance code were tabled, staff could work to refine the language with the Chamber and local businesses to bring forward the best results. Commissioner Roston questioned if the code would apply to city buildings. Mr. Sedlacek indicated all city buildings were located on residential property and therefore subject to the residential maintenance code. AYES 2 NAYS 3 (HENNES, NOONAN AND VIKSNINS) COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO TABLE ACTION ON THIS ITEM TO ALLOW FOR FURTHER DISCUSSION BETWEEN STAFF, THE CHAMBER AND LOCAL BUSINESS /COMMERCIAL PROPERTY OWNERS. Commissioner Viksnins questioned the timeframe on this matter. Mr. Sedlacek stated the review period for the matter expires on August 30, 2012. AYES 3 NAYS 2 (ROSTON AND CHAIR NORTON) Chair Norton advised the item was tabled to the July 24, 2012 planning commission meeting. PLANNING CASE #2012 -18 Greg Quehl 953 Wagon Wheel Trail Lot Line Adjustment and Wetlands Permit Planning Commission Minutes June 26, 2012 Planner Stephen Grittman presented the request of Greg Quehl for approval of a lot line adjustment and wetlands permit. Mr. Grittman noted that the property was zoned single - family residential and the re- subdivision would combine the two lots, then carve out a new 20,000 square foot lot in the southeast corner of the parcel, with 100 feet of frontage on Wagon Wheel and 200 feet of depth from north to south. The remaining lot would have approximately 312 feet of frontage on Wagon Wheel and extend behind the other parcel to the depth of the original lot. Mr. Grittman explained the applicant proposed to construct a new home on the northeast portion of Lot Al and gain access to the new home over a private driveway to be constructed on the unimproved right of way that forms the east boundary of the subject property. This right of way is also utilized by the adjoining property owner to the east, for his own private driveway. Construction of a new home in the proposed location would require a wetlands permit. Staff recommended the commission not take action on the wetland permit this evening until the appropriate plan details are available from the applicant. Mr. Grittman presented staff s analysis of the request and recommended approval of the subdivision with conditions. Commissioner Viksnins questioned why subdivision approval was required on this Planning Case. Planner Grittman stated a buildable lot was being created through the lot line adjustment, which is requires public review and approval as outlined in the subdivision ordinance. Commissioner Hennes asked for the plans for the home currently located on Lot B 1. Planner Grittman explained this home would be demolished and the lot would be marketed. Greg Quehl, 1361 Riverside Lane, stated he was a 40 year resident of Mendota Heights. He explained he was interested in subdividing his property. He further reviewed his plans for the property and discussed the shared driveway. Commissioner Noonan requested comment on wetland permit's status. Mr. Quehl stated city staff did not object to the wetland permit at this time, but required further detailed information regarding the plans for his property. He indicated that after he closes on this property, his plans would be finalized and brought back to the city for consideration. Commissioner Viksnins questioned how close the new home would be to the existing wetland. Mr. Quehl estimated the home would be 35+ feet off of the wetland. Chair Norton encouraged the applicant to investigate the level of fill that would be needed to construct a home on this lot given the lake's high water mark. Assistant City Engineer Ruzek explained the home's lowest level would have to be built three feet higher than the level of the 100 year flood plain. 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 HENNES, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE SUBDIVISION AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 2 Planning Commission Minutes June 26, 2012 1. THE APPLICANT ENTER INTO A MAINTENANCE AGREEMENT FOR USE OF THE PUBLIC RIGHT OF WAY WITH THE CITY AND ADJOINING PROPERTY OWNER, TO BE APPROVED BY THE CITY ATTORNEY. 2. THE NEED FOR DRAINAGE AND UTILITY EASEMENTS IS REVIEWED AND ADDRESSED BY THE CITY ENGINEER. 3. THE APPLICANT OBTAIN A CERTIFICATE OF SURVEY WITH FINAL LEGAL DESCRIPTIONS FOR RECORDING WITH DAKOTA COUNTY. AYES NAYS COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO TABLE ACTION ON THE WETLANDS PERMIT FOR GREG QUEHL AT 953 WAGON WHEEL TRAIL UNTIL APPROPRIATE PLAN DETAILS CAN BE COMPLETED AND SUBMITTED TO STAFF FOR REVIEW. AYES NAYS Chair Norton advised the City Council would consider the subdivision application at its July 3, 2012, meeting. PLANNING CASE #2012 -19 Scott Cottington 1151 Orchard Circle Wetlands Permit and Critical Area Permit Planner Stephen Grittman presented the request of Scott Cottington for approval of a Wetlands Permit and Critical Area Permit. Mr. Grittman noted that the applicant was seeking to construct a 16' x 20' screen porch on the northwest side of their garage. The subject site is zoned single - family residential and is located within 100 feet of a wetland. Section 12 -2 -6 of the Zoning Ordinance requires a Wetland Permit for any work conducted within 100 feet of a wetland. In addition, the property is located within the Mississippi River Critical Corridor Area and requires a Critical Area Permit. Mr. Grittman presented staff s analysis of the request and recommended approval of the wetlands permit and critical area permit as the proposed project should not have a negative impact on the wetland, and will have no impact on the aesthetics or natural resources of the Mississippi River. Scott Cottington, 1151 Orchard Circle, thanked staff for their presentation 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 NAYS COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AND CRITICAL AREA PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITION: 5 Planning Commission Minutes June 26, 2012 1. ALL CONSTRUCTION ACTIVITIES SHALL FOLLOW THE LAND DISTURBANCE GUIDANCE DOCUMENT. AYES 5 NAYS 0 Chair Norton advised the City Council would consider this application at its July 3, 2012, meeting. PLANNING CASE #2012 -20 Orlando Ponce 1128 Sibley Memorial Highway Critical Area Permit Planner Stephen Grittman presented the request of Orlando Ponce for approval of a Critical Area Permit. Mr. Grittman noted that the applicant is seeking approval to construct and pave a new driveway parking pad on his property. The property is zoned R -1 single family residential and was unique, in that the slopes severely limit access to the site, and parking is difficult to accommodate. In addition, the site has an easement with the neighboring property to the west to utilize the Ponce driveway for access to Sibley Highway. Mr. Grittman reviewed the location of the proposed parking pad noting it would be located to the east of the existing driveway, in front of the home. It was noted that landscape work for the construction of the driveway was started, including grading and installation of a retaining wall. Mr. Grittman presented staff's analysis of the request and recommends approval of the Critical Area Permit to construct the proposed patio subject to conditions. Commissioner Noonan questioned how the city would be assured the applicant would finish the project according to the city's conditions. Planner Grittman stated a driveway permit would be required for the project and the plans would then have to be followed or a stop order would remain in place. Commissioner Roston asked how the permeable pavers held up over time. Planner Grittman stated the pavers are successful if installed correctly and can reduce water runoff. Chair Norton inquired if staff would have supported the driveway improvements if the work had not already begun. Planner Grittman indicated the applicant has a strong case and reasonable need for additional parking. The site does not have another location available for additional parking given its slope and close proximity to Sibley Memorial Highway. Orlando Ponce, 1128 Sibley Memorial Highway, described the location of the existing easement with the neighboring property. He added parking was not allowed on Highway 13. Commissioner Hennes questioned how long Mr. Ponce had owned the property. Mr. Ponce explained he purchased the property on May 15t of this year. He was not aware of the easement issue until the day of closing. Commissioner Hennes asked if the applicant was in favor of using permeable pavers instead of concrete. Mr. Ponce stated his preference for concrete, stating that the existing driveway was concrete and the pavers would not match the current surface. Chair Norton opened the public hearing. Mr. Sedlacek explained he received an email from the neighboring property owner Michael Corbett at 1132 Sibley Memorial Highway, stating he was unable to attend the meeting this evening but supported of the expanded parking pad. 2 Planning Commission Minutes June 26, 2012 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNEN, TO CLOSE THE PUBLIC HEARING. AYES NAYS COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT VERIFIES THAT THE PARKING AREA WILL BE CONSTRUCTED NO CLOSER THAN FIVE FEET TO THE FRONT LOT AND SIDE LOT LINES. 2. A LANDSCAPING PLAN SHOWING COVER FOR ALL EXPOSED AREAS OF THE SITE IN ORDER TO CONTROL EROSION AND BUFFER THE VIEW OF THE PARKING AREA AND CONCRETE RETAINING WALL FROM THE STREET. 3. THE APPLICANT PAVES THE ADDITIONAL PARKING AREA WITH PERMEABLE PAVERS DESIGNED TO MINIMIZE SURFACE RUNOFF FROM THE SITE. 4. THE APPLICANT COMPLIES WITH ALL REQUIREMENTS OF THE CITY'S LAND DISTURBANCE GUIDANCE DOCUMENT, AND ANY OTHER REQUIREMENTS OF THE CITY ENGINEER. AYES NAYS Chair Norton advised the City Council would consider this application at its July 3, 2012, meeting. New Business A. Evaluate Property Acquisition: 2454 Lemay Lake Road Mr. Sedlacek indicated staff was contacted by the family of Doris Bohlig regarding the residential property located at 2454 Lemay Lake Road earlier this year. The family was aware that the city has been acquiring land in the area and expressed interest in receiving a purchase offer from the city on the parcel. This property was one of many wedged in between Highway 55 and our industrial park north of Mendota Heights Road. The Bohlig property is one of two privately held properties remaining in the area. The property is guided B- Business and the present residential use is existing non - conforming. The city has been acquiring residential properties on Bourne Lane from willing sellers with the intent to consolidate and redevelop the parcels for business use. Mr. Sedlacek explained the city council discussed the acquisition of this parcel and voted to extend a purchase offer to the Bohlig family, which has been accepted. In accordance with Minnesota Statute, any time a city acquires or disposes of property, the planning authority of that city must find that the action is consistent with the comprehensive plan. Staff found the purchase to be consistent with the city's comprehensive plan and recommended the acquisition of the property. Commissioner Hennes questioned if this property was currently occupied. Mr. Sedlacek stated the property was occupied from time to time. Commissioner Viksnins understood the only remaining parcel within the block was the Sinclair property. Mr. Sedlacek stated this was the case. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO FIND THAT THE ACQUISITION OF THE PROPERTY AT 2454 LEMAY LAKE ROAD WAS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. 7 Planning Commission Minutes June 26, 2012 AYES NAYS Chair Norton advised the City Council would consider this application at its July 3, 2012, meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012 -12 Carol Strojny Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012 -13 City of Mendota Heights Zoning Amendment • This item was tabled by the Planning Commission. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO ADJOURN THE MEETING AT 8:25 P.M. AYES NAYS Respectfully submitted, Heidi Guenther, Recording Secretary