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2012-07-24 Planning Comm MinutesPlanning Commission Minutes July 24, 2012 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES July 24, 2012 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 24, 2012, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Norton, Commissioners Field, Hennes, Magnuson, Noonan, and Viksnins. Those absent: Commissioner Roston. Those present were Assistant to the City Administrator Jake Sedlacek, Public Works Director /City Engineer John Mazzitello and NAC Planner Stephen Grittman. Minutes were recorded by Heidi Guenther. Approval of 4zenda The agenda was approved as submitted. Approval of June 26, 2012, Minutes COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO APPROVE THE MINUTES OF JUNE 26, 2012, AS PRESENTED. AYES: 4 NAYS: 0 ABSTAIN: 2 (FIELD AND MAGNUSON) Hearin-as PLANNING CASE #2012 -22 Greg Quehl 953 Wagon Wheel Trail Wetlands Permit Planner Stephen Grittman presented the request of Greg Quehl for approval of a wetlands permit Mr. Grittman noted that the applicant received approval to re- subdivide two existing parcels along Wagon Wheel Trail to create two buildable parcels as part of an application heard at the June planning commission meeting. The two lots both have their frontage on Wagon Wheel Trail. The applicant has spoken with the city's engineering staff as to where clearing would occur on the lot near the wetland. Staff recommended the 25 feet closest to the wetland remain undisturbed. However, the applicant has requested steps be allowed to approach the pond. It was noted this would be a DNR consideration. Mr. Grittman presented staff's analysis of the request and while the applicant is still working on final plans, Engineering staff is comfortable with a recommendation for approval at this time. Staff recommends the final design and construction drawings be reviewed by city staff for approval prior to construction, grading and excavation. Commissioner Field questioned if the plans presented this evening differed from last month. Mr. Grittman indicated the plans were new from last month and were placed on the dais for the commission to review this evening. Commissioner Viksnins questioned the conditions for approval. Mr. Grittman suggested a condition for approval be added stating the 25 feet closest to the wetland remain in an undisturbed state. Planning Commission Minutes July 24, 2012 Commissioner Hennes requested clarification on where the borings were proposed. Mr. Grittman recommended the applicant address this concern. Commissioner Hennes commented there was a high water table in this area and understood a great deal of fill was needed on the lot. He asked if staff had cleared this issue with the applicant. Mr. Grittman stated this was being resolved with the applicant prior to purchase of the lot. Commissioner Noonan inquired if the pond access would require DNR approval. Mr. Grittman explained this was the case. Commissioner Field questioned if the city's map of the site had the correct elevations. Mr. Grittman commented the topography lines were correct on the city' map and were based on a preliminary grading plan. Chair Norton opened the public hearing. Greg Quehl, 1361 Riverside Lane, stated he was the purchaser of the lot and would close on September 4, 2012 based on the recommendation of city council and based on soil borings. He noted the elevations have been increased slightly to reduce sediment from the site going into the pond area. The pond access was requested to allow him to access the waterway and he understood this approval was needed from the DNR. He stated the area that would be cleared to access the pond would be minimal to allow him to use a canoe or paddleboat on the waterway. Mr. Grittman recommended natural materials be used for the stairway and landing. Commissioner Field asked if the stairs were necessary to access the pond. Mr. Quehl stated a ramp could be used instead of stairs. He commented he was not looking to change the wetland in any way. Commissioner Viksnins requested further comment on the 25 -foot area near the wetland. Mr. Quehl indicated he was raising the elevation to assure there was no runoff. He did not object to the recommended condition for approval stating the 25 feet closest to the wetland remain undisturbed. Commissioner Hennes inquired where the borings were proposed. Mr. Quehl explained the borings would be taken from the proposed location of the home. Chair Norton asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE WETLAND PERMIT AT 953 WAGON WHEEL TRAIL AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT WILL SUBMIT FINAL DESIGN AND CONSTRUCTION DRAWINGS FOR CITY STAFF REVIEW AND APPROVAL. 2. THE 25 FEET CLOSEST TO THE WETLAND WILL REMAIN IN AN UNDISTURBED STATE. Commissioner Noonan requested the commission not take action on the stairs at this time, as the plans were not finalized. He recommended the applicant work further with the DNR and staff. Assistant to the City Administrator Sedlacek indicated the egress down the graded area could be reviewed at a staff level and approved. If there were significant changes to the grade, a wetlands permit would be necessary. 2 Planning Commission Minutes July 24, 2012 Commissioner Field suggested an additional condition be added stating the stair plans would need to be reviewed and approved by city staff. Commissioner Viksnins questioned if the 25 -foot setback was necessary. Mr. Grittman recommended the condition remain in place to assure that no other improvements were made within the 25 -foot setback. Commissioner Magnuson clarified that the 25 -foot setback would remain undisturbed except for the proposed stair area, which would be subject to city staff approval. Mr. Quehl inquired if a ramp could be used instead of stairs. Commissioner Field suggested the condition be revised to state the egress area within the 25 -foot setback to the pond. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER HENNES, TO REVISE CONDITION 2 AS STATED BELOW: 2. THE 25 FEET CLOSEST TO THE WETLAND WILL REMAIN IN AN UNDISTURBED STATE EXCEPT FOR THE PROPOSED EGRESS AREA, WHICH WOULD BE SUBJECT TO CITY STAFF REVIEW AND APPROVAL. AMENDED CONDITION VOTE: AYES 6 NAYS 0 ORIGINAL MOTION VOTE: AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its August 7, 2012, meeting. PLANNING CASE #2012 -23 Thomas Wieser 1256 Wachtler Avenue Critical Area Permit Planner Stephen Grittman presented the request of Thomas Wieser for approval of a Critical Area Permit. Mr. Grittman noted that the applicant is seeking a critical area permit to construct a new single - family home on a parcel along Wachtler Avenue. The proposed construction site is on a relatively level portion of the property, generally in the area of a previous structure. Due to the fact the property is located within the Mississippi River Critical Area; a permit was required for all of the proposed improvements. The structure would utilize the existing driveway and would extend to the new garage. Mr. Grittman presented staff's analysis of the request and recommended approval of the critical area permit as proposed with conditions as the property makes use of the property consistent with the R -1 zoning regulations and utilizes the property with the least impact on the vulnerable parts of the property. Tom Wieser, 1524 Alameda Street in St. Paul, thanked staff and the Commission for reviewing his request this evening. Commissioner Hennes asked if the property was vacant. Mr. Wieser explained there was a home on the property, which was removed last fall but utilities were on site. Planning Commission Minutes July 24, 2012 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 MAGNUSON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT FOR 1256 WACHTLER AVENUE AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. COMPLIANCE WITH THE CITY'S LAND DISTURBANCE GUIDANCE DOCUMENT. 2. ANY FURTHER RECOMMENDATIONS OF THE CITY ENGINEER REGARDING GRADING, EROSION AND STORMWATER CONTROL. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its August 7, 2012, meeting. PLANNING CASE #2012 -24 David Williams 755 Wentworth Avenue Wetlands Permit Planner Stephen Grittman presented the request of David Williams for approval of a Wetlands Permit. Mr. Grittman noted that the applicants are seeking a wetlands permit to construct a new single family home and swimming pool and related improvements at 755 Wentworth Avenue. The project would be located in proximity to the former house on the site. The subject property is just under eight acres in size, has been occupied by a house, and detached garage. The area of construction would be on the north side of a creek that runs through the property from east to west. Nearly all of the building area is within 100 feet of this creek. Per city code, a wetlands permit was required. Mr. Grittman presented staff's analysis of the request and recommended approval of the wetlands permit with conditions as the proposed project should not have a negative impact on the wetland, especially the native vegetation plantings which serve to filter the runoff into the wetland. Commissioner Noonan requested further clarification on the required landscaping for all cleared areas. Mr. Grittman explained any land cover that would avoid erosion would qualify. He stated this was common language used in the past. Commissioner Magnuson asked where the existing house and garage was located. Assistant to the City Administrator Sedlacek clarified the buildings had been removed. Alan Maas, 14551 Judicial Road, Suite 100, stated he was the general contractor that had been hired by the Williams to build the proposed home. He thanked the commission for considering his request this evening. Chair Norton opened the public hearing. 2 Planning Commission Minutes July 24, 2012 Alan Weinblatt, 754 Upper Colonial Drive, noted his property abuts the subject property and expressed concern with the clearing of the site. He also had concern with the disruption of the wildlife in the area through the construction of the home. He requested the wildlife not be markedly changed through the project. Chair Norton thanked Mr. Weinblatt for expressing his concerns and assured him that city staff would be following the wetlands permit and building permit in accordance with city code. Kevin Burns, 741 Wentworth Avenue, requested the culvert under Wentworth Avenue not be altered in any way through the proposed project. City Engineer John Mazzitello assured Mr. Burns that storm water considerations would be a part of the building permit review. Chair Norton asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES 6 NAYS 0 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. EXISTING STRUCTURES ON THE PROPERTY ARE REMOVED. 2. AREA WITHIN THE 25 FOOT SETBACK IS LEFT UNDISTURBED AND IN ITS NATURAL STATE. 3. DRIVEWAY CONSTRUCTION UTILIZES THE EXISTING CULVERT LOCATION AND OTHERWISE COMPLIES WITH CITY REQUIREMENTS. 4. ALL CLEARED AREAS ARE LANDSCAPED TO MINIMIZE RUNOFF INTO THE CREEK. 5. POOL FENCING MEETS THE CITY'S FENCING REQUIREMENTS FOR MATERIALS, OPENNESS, HEIGHTS, AND OTHER REQUIREMENTS FOR SWIMMING POOL ENCLOSURES. 6. ALL CONSTRUCTION ACTIVITIES FOLLOW THE LAND DISTURBANCE GUIDANCE DOCUMENT. Commissioner Field was pleased with the proposed project on this parcel and was glad that the parcel was not being subdivided. Chair Norton agreed stating this was a beautiful property. Commissioner Magnuson asked if the Land Disturbance Guidance Document addressed the concerns with the culvert. Public Works Director Mazzitello indicated this was the case as the document provided guidance for the contractor on how to develop the site. The current drainage would continue to function after the site was developed. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its August 7, 2012, meeting. PLANNING CASE #2012 -25 Steve Stulz 1897 Delaware Avenue Conditional Use Permit for Wireless Facility 5 Planning Commission Minutes July 24, 2012 Planner Stephen Grittman presented the request of Steve Stulz for approval of a Conditional Use Permit for a wireless facility at 1897 Delaware Avenue. Mr. Grittman noted that Sprint was requesting approval of a conditional use permit (CUP) to allow modification to their existing wireless telecommunications equipment located upon the roof of Sibley High School located at 1897 Delaware Avenue. The property currently has cellular antenna mounts for four other cellular carries including AT &T, Nextel, Verizon and Qwest. The applicants are proposing to add three antennas and place two additional cabinets of the existing platform. Once surrounding sites are operational, Sprint's existing equipment would be removed. Mr. Grittman presented staff's analysis of the request and recommended approval of the conditional use permit with conditions as the proposed antenna and related equipment upgrades are expected to have no physical impact upon neighboring properties. Steve Stulz, agent for Sprint, thanked staff for their presentation this evening. He was pleased with the application and conditions recommended by staff. 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 FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. AYES NAYS COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR A WIRELESS FACILITY AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE EXISTING EQUIPMENT (TO BE REPLACED) BE REMOVED WITHIN SEVEN MONTHS OF CUP APPROVAL. ANTENNA AND EQUIPMENT REMOVAL SHALL INCLUDE THE REMOVAL OF UNUSED MOUNTING EQUIPMENT AND THE REPAIR OF ANY DAMAGED WALL OR ROOF ELEMENTS (FROM EQUIPMENT ANCHORS). 2. THE NEW ANTENNAS AND ACCESSORY EQUIPMENT CABINETS BE PAINTED TO MATCH THE COLOR OF THE BUILDING. 3. THE NEW ANTENNAS AND RELATED EQUIPMENT SHALL COMPLY WITH ALL FCC REGULATIONS. 4. THE NEW ANTENNAS AND RELATED EQUIPMENT SHALL COMPLY WITH ALL APPLICABLE ELECTRICAL CODES. 5. A LEASE AGREEMENT EXISTS BETWEEN THE APPLICANTS AND THE SCHOOL DISTRICT. AYES 6 NAYS 0 Chair Norton advised the City Council would consider this application at its August 7, 2012, meeting. PLANNING CASE #2012 -13 City of Mendota Heights Zoning Amendment pertaining to New Property Maintenance Code for Commercial/Industrial Properties 0 Planning Commission Minutes July 24, 2012 Assistant to the City Administrator Sedlacek presented the request of the City for approval of a zoning amendment pertaining to a new property maintenance code for commercial /industrial properties. Mr. Sedlacek noted that a planning application was presented to the planning commission on June 26, 2012 to amend Title 12 of city code to include a chapter on commercial property maintenance. At that meeting, the zoning amendment was tabled and staff was directed to discuss the item further with the Chamber of Commerce and local business /commercial property owners. Staff met with Ruthe Batulis and Bob Engelhart on the matter and feedback was provided to staff. Mr. Sedlacek recommended the planning commission discuss the matter further and make a recommendation to the city council, who is anxious to discuss the topic. Commissioner Hennes asked for staff's recommendation on this issue. Mr. Sedlacek apologized for not including staff's recommendation from the June 26, 2012 meeting. He commented that staff's position had not changed and recommended approval of the zoning code amendment. Commissioner Field noted he was not at the previous meeting and was not privy to the discussion held. He questioned why the council had set a timeline for the matter. Mr. Sedlacek explained the council was anxious to discuss the matter themselves and were looking for a recommendation from the planning commission. Commissioner Magnuson indicated she was not in attendance at the June meeting either. She presented staff with a list of proposed changes to the drafting of the ordinance. Mr. Grittman indicated this could be reviewed with the City Attorney prior to the council meeting. Commissioner Viksnins reviewed the July 24th staff memo concerning the comments made by the Chamber of Commerce and Mr. Engelhart. He questioned if the suggested changes were made or if staff had retained the language of the code. Mr. Sedlacek discussed the language changes that were made to the document by staff. He commented the policy issues were left to the planning commission's discretion. Commissioner Viksnins encouraged the city to remain cooperative with the business community and noted that he supported the ordinance amendment. He understood the council wanted to move along with the ordinance, but wanted to be assured that all voices were heard prior to approval. Commissioner Hennes commented this document could be discussed for the next six months; however he was in favor of moving it along to the city council. He agreed with having the policy in place. Commissioner Noonan was pleased with the changes made to the document based on the comments made by the business community. He indicated all property within the community would now be treated equally, whether residential or commercial /industrial. He stated the zoning ordinance would establish a level playing field of reasonable expectations for property owners in Mendota Heights. Commissioner Viksnins suggested the council consider the comments provided by the Chamber of Commerce before approving the amendment. Commissioner Field stated he would like to be assured this ordinance was done correctly and was in favor of holding this off until comments could be received from Commissioner Roston. Chair Norton agreed. He was in favor of tabling the matter until a full and complete discussion could be held by the entire planning commission. This would also allow for the changes suggested by Commissioner Magnuson to be completed prior to approval. He was concerned the ordinance amendment was a solution searching for a problem. Commissioner Hennes asked if the 60 -day time limit was a concern with this item. Mr. Grittman noted was a city generated request and a waiver could be granted for the zoning amendment. 7 Planning Commission Minutes July 24, 2012 Commissioner Hennes questioned if the commission would be any more comfortable with the proposed zoning amendment in 30 days. Commissioner Magnuson stated the language would be cleaned up, which would eliminate some of the concerns on the vagueness of the terminology. She was uncertain that all objectives would be overcome, but the document would be more complete. Chair Norton stated the duty of the planning commission was to fully review the information and make a determination accordingly. He was not in favor of rubberstamping the item based on the deadline set by the council. Commissioner Noonan discussed the action taken by the commission at the June meeting as the item was delayed already to allow for conversations between staff and the Chamber of Commerce. However, if the delay was prolonging a denial the action should be taken this evening. Chair Norton stated the final ruling would be taken by the council even if the commission recommended denial. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO TABLE ACTION ON THIS ITEM TO THE AUGUST 28, 2012 MEETING AFTER REVISIONS ARE MADE TO THE DOCUMENT LANGUAGE. Commissioner Magnuson recommended any other language changes from the commission be sent to staff prior to the August 28, 2012 meeting. Mr. Grittman recommended the commission provide comments to staff prior to August 10, 2012. Commissioner Viksnins stated he would be in favor of hearing staff's opinion on the comments made by the Chamber of Commerce. Mr. Grittman explained this could be completed prior to the August meeting. Commissioner Hennes expressed concern with the assertions made by the Chamber of Commerce's letter dated July 20, 2012. He did not feel that the City of Mendota Heights was hostile to local businesses. AYES 4 NAYS 2 ( HENNES AND NOONAN OPPOSED) Chair Norton advised the Planning Commission would reconsider this application at its August 28, 2012, meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #2012 -18 Greg Quehl Lot Line Adjustment and Wetlands Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012 -19 Scott Cottington Wetlands Permit and Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #2012 -20 Orlando Ponce Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO ADJOURN THE MEETING AT 8:12 P.M. AYES NAYS Respectfully submitted, Heidi Guenther, Recording Secretary