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2007-08-28 Planning Comm MinutesPlanning Commission Minutes August 28, 2007 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES August 28, 2007 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 28, 2007, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:30 P.M. The following Commissioners were present: Vice Chair Lally, Commissioners Norton, Povolny, and Viksnins. Those excused: Commissioners McManus and Hennes. Those present were Public Works Director Sue McDermott, Assistant to the City Administrator Jake Sedlacek, and Planner Steve Grittman. Minutes were recorded by Rebecca Shaffer. ApprovalofJuly24, 2007 Min utes Commissioner Viksnins moved, seconded by Commissioner Norton, to approve the minutes of July 24, 2007 as presented. AYES 4 NAYES 0 Hearin ,zs PLANNING CASE #07 -27 Robert J. Hughes 1117 Orchard Place Critical Area Permit Planner Steve Grittman reviewed a map showing the location of 1117 Orchard Place, which contains a single family home, and zoned R -1 Single Family Residential. The applicant is seeking a critical area permit to add to the rear portion of his home an enclosed porch, which is 10' x 28'. This property is not very visible from the river and it appears to Staff that there will not be any negative impact. Staff recommends approval of the critical area permit as submitted. The applicant, Robert Hughes, resides at 1117 Orchard Place and was in attendance to answer questions. There being no questions for the applicant, Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Commissioner Norton moved, seconded by Commissioner Povolny, to close the public hearing. AYES 4 NAYES 0 Commissioner Povolny moved, seconded by Commissioner Norton, to recommend approval of the critical area permit as presented. AYES 4 NAYES 0 PLANNING CASE #07 -28 Alan Olstein 1954 Glenhill Road Critical Area Permit Planner Steve Grittman reviewed a map showing the location of 1954 Glenhill Road, which is a parcel zoned R -1 Single Family. The applicant is seeking to construct a deck on the rear portion of the home as well as patio space and a new shed. Mr. Grittman Planning Commission Minutes August 28, 2007 said there will be some grading adjustments needed as part of this project. Staff recommends approval of this application as there seems to be no negative impacts to the area. Commissioner Viksnins asked for confirmation that there are four parts to this application: patio, deck, shed, and landscaping. Mr. Grittman said that was correct, and Staff does not see any issues that need to be addressed. The applicant, Alan Olstein, resides at 1954 Glenhill Road, was in attendance to answer questions. Mr. Olstein said there is an existing deck and the proposal is requesting a 4 -ft. extension on that deck and replacement of deck materials. There being no questions for the applicant, Vice Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Commissioner Povolny moved, seconded by Commissioner Norton, to close the public hearing. AYES 4 NAYES 0 Commissioner Viksnins moved, seconded by Commissioner Norton, to recommend approval of the critical area permit based on the finding that the improvements will not jeopardize the aesthetics of the Mississippi River corridor, and that a building permit be attained. AYES 4 NAYES 0 PLANNING CASE #07 -29 Ken Ronsberg / John and Alison Torinus 767 Pondhaven Lane Wetlands Permit Planner Steve Grittman reviewed a map showing the location of 767 Pondhaven Lane, which is a single family lot, zoned R -1 Residential. The applicant is seeking to construct a swimming pool and fence enclosure in the rear yard. Mr. Grittman said some of these improvements will be within the 100 -ft buffer zone of the wetland near this property. The proposed fence is a 5 -ft high aluminum construction fence that meets the city's standards for height and openness. The applicant has proposed that the rear portion will be 55 -ft from the wetlands. Staff has reviewed the landscaping and grading plans, and believes there will be very little alteration to the land, and recommends the wetlands permit as presented subject to the City Engineer's review. Chair Lally pointed out the house next door at 771 Pondhaven Lane, which has a swimming pool that seems to be approximately the same distance from the wetland as this proposal is. Commissioner Viksnins said this was the house that was before the Commission a few months ago, and was granted a side yard setback variance. Commissioner Viksnins expressed his concerns for the chemicals used in the pool. Mr. Grittman said Staff does not encourage direct flushing of pool water to the wetlands, but rather that it be sent through the sewer system. Alison Torinus, 767 Pondhaven Lane, said the pool will be set as close to the house as possible, and explained how the tree line will be affected. John Capstick, substituting for Ken Ronsberg of Performance Pool and Spa, said the flushing will be done into the street storm sewer and not the wetland. Pool drainage is usually done once per year. Vice Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Commissioner Viksnins moved, seconded by Commissioner Norton, to close the public hearing. AYES 4 NAYES 0 Commissioner Norton moved, seconded by Commissioner Viksnins, to recommend approval of the wetlands permit subject to approval by the City Engineer and a building permit be issued for the pool and fencing. Planning Commission Minutes August 28, 2007 AYES NAYES PLANNING CASE #07 -30 Beverly Sargent 1040 Highway 13 Critical Area Permit Planner Steve Grittman reviewed a map showing the location of 1040 Highway 13, in which the applicant is seeking in place a shed on the property. The single family parcel is at the intersection of Highway 13 and Mayfield Heights Road. The shed is to be 144 sq. ft. in size, and will be placed at the very rear corner of the property and meets all the required setback requirements. This area is not part of the bluff zone, and there are no issues for bluff setback. The shed is small (12' x 12'). Staff recommends approval of the critical area permit. The applicant is Beverly Sargent, and lives at 1040 Sibley Memorial Highway. There being no questions for the applicant, Vice Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Chair Lally moved, seconded by Commissioner Viksnins, to close the public hearing. AYES 4 NAYES 0 Commissioner Viksnins moved, seconded by Commissioner Norton, to recommend approval of the critical area permit based on the finding that the shed would not jeopardize the integrity or the environment of the Mississippi River corridor area. AYES 4 NAYES 0 PLANNING CASE #07 -31 Patterson Companies 1031 Mendota Heights Road Site Plan Review and Wetlands Permit Planner Steve Grittman reviewed the site plan and request for a wetlands permit for the location of 1031 Mendota Heights Road, this property being occupied by Patterson Companies office building. The applicant is seeking permits to expand the building and parking lot. Because of the location of the wetland area, the north portion of the site and the parking lot is affected. Mr. Grittman said a commercial building permit will also be needed, and that will be going through the City Council. Mr. Grittman referred to an area of parking that is along the east boundary and said this is an existing, non - conforming condition, and is not affected by the project. The new parking area and building addition will meet all city standards and setbacks, and Staff recommends approval of the wetlands permit with the following conditions: 1) The acceptability of the proposed new access shall be subject to comment and recommendation by the City Engineer. 2) Proposed tree removal and landscaping shall be subject to review and approval of the Planning Commission and City Council. 3) Issues relating to grading, drainage, and utilities shall be subject to comment and recommendation by the City Engineer. 4) Prior to any relocation or addition of any sign, an application for a sign permit must be completed with the City and a sign permit must be approved by City staff. Commissioner Povolny asked if the applicant will need to correct the parking non - conformance. Mr. Grittman said it's an existing condition, and non — conformities are allowed to continue as long as they are not creating additional non - conformance. Planning Commission Minutes August 28, 2007 Mr. Grittman said the only action before the Commission at this time is for the wetlands permit, and any commercial building review will be done by the City Council. Staff is recommending approval of the wetlands permit as there seems to be no adverse affects to the wetlands. Chair Lally expressed concerns with parking spaces. Mr. Grittman said they will not be affected by the wetland. Chair Lally asked if there is any planning jurisdiction with regard to the traffic issue or increased traffic flow. Mr. Grittman said there will be a second access proposed. Chair Lally asked about office hours and how they will affect the traffic flow from St. Thomas Academy. Chair Lally said it is presumed that the runoff flow from the new parking area will be collected by the existing storm water pond. Ms. McDermott said staff is in the processing of working on this plan. Commissioner Viksnins asked if the Commissioners should be concerned about the size of the parking spaces. Mr. Grittman said there should be no concerns and that the design is being carried over from the previous parking stalls in terms of size. This should not cause any concerns to the project. Commissioner Viksnins asked about the projected tree loss. Mr. Grittman said the landscape plan needs to ensure only that the wetland impact area and there does not seem to be any concerns. The applicant is Tim McIlwain, architect representing Hagen, Christensen, and McIlwain, 4201 Cedar Avenue South, Minneapolis. Mr. McIlwain said Staff has done a nice job on this case and talked about previous work that they have done on this property. Mr. McIlwain talked about the infiltration system that was designed with the original building in 1982 that handles all the storm water runoff, and the proposed construction will not impact that area. Mr. McIlwain said the 37 trees that will be removed will be taken from the parking lot islands and these trees will then be replaced. Commissioner Viksnins asked about the parking spaces. Mr. McIlwain said the spaces will be 9 -ft in width, and 18 -ft. in length, which is standard for the area. Mr. McIlwain reviewed the water runoff flow into the infiltration system, and talked about the possibility of adding more decorative landscaping by the entrances to the buildings. Chair Lally asked about the snow removal process. Mr. Mcllwain indicated an area where the snow can be stockpiled and drain into the infiltration system. There will also be some equipment stored here during the construction, and this area will not be visible to neighbors. Vice Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Commissioner Viksnins moved, seconded by Commissioner Povolny, to close the public hearing. AYES 4 NAYES 0 Commissioner Norton moved, seconded by Commissioner Povolny, to recommend approval of the wetlands permit subject to the approval of the City Engineer. AYES 4 NAYES 0 PLANNING CASE #07 -32 Mendakota Country Club 2075 Mendota Heights Road Condition Use Permits Planner Steve Grittman reviewed a map showing the location of 2075 Mendota Heights Road, which is a portion of the Mendakota Country Club. The applicant is seeking two conditional use permits that would permit the construction of two building additions Planning Commission Minutes August 28, 2007 to the clubhouse. The proposal is for one addition on the southwest side, and will be a two -story with 1,848 sq. ft. The applicant will be using this space for storage of existing equipment. The other expansion will be an addition to the dining facilities in the club house, also two stories, with an area of 912 sq. ft. The applicants have indicated that this area will allow for interior changes to the dining room, and not necessarily capacity needs. Additional parking will be needed for this additional square footage. The property has a significant amount of area that could be used in the "proof of parking" requirement. Ms. McDermott said Staff is requiring that the applicant provide install a grease trap. Staff does not see any other issues other than the grease trap and recommends approval of the amendment to the conditional use permit as presented. Commissioner Viksnins asked for some history of the grease trap. Ms. McDermott said there was a home on Mendakota Court that has previously experienced sewer back up into their basement. Upon city inspection, it was determined that this was caused by the grease coming from the country club, which currently does not have a grease trap in their kitchen. The City had to clean the entire main from Mendakota Court to Wagon Wheel Trail, and in addition, had to deal with an insurance claim by that homeowner. Ms. McDermott said this condition will certainly help in preventing more problems such as this. Mr. Jeff Lory, President of the Mendakota Country Club, assured the City that they will work on installing the grease traps. There being no questions for the applicant, Vice Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Commissioner Norton moved, seconded by Commissioner Povolny, to close the public hearing. AYES 4 NAYES 0 Commissioner Viksnins moved, seconded by Commissioner Povolny, to recommend approval of the two condition use permits based on the finding that the proposed structures are consistent with the requirements of the zoning district and subject to the condition that a grease trap that is satisfactory to the City Engineer be installed. AYES 4 NAYES 0 PLANNING CASE #07 -33 Mendota Mall Associates, LLP; RLK Incorporated; KKE Architects 750 Highway 110 Comprehensive Plan Amendment and Rezoning Planner Steve Grittman reviewed a map showing the location of 750 Highway 110 and reviewed the request to rezone the entire project to MU -PUD (Mixed Use — PUD District). Mr. Grittman said the property currently has some other zoning districts that include B -4 Shopping Center, R -lA One Family Residential, NP Nature Preserve, and R -3 High Density Residential. The initial development will encompass approximately 6.5 acres, not including the roadway connection, with the balance of the development to occur as the market dictates. The initial development of the project proposes to create restaurant, specialty retail, freestanding Walgreens; future plans will include additional restaurant, office, child care, and housing. The proposal also includes remodeling and partial demolition of the existing building (13,000 sq. ft) and a roadway connection between Highway 110 and South Plaza Drive. Mr. Grittman said if this application is approved, the applicant will have to come back with a concept plan for review. This is why this application has quite a bit of detail to it even though the site plan detail is not a part of the action tonight. Mr. Grittman reviewed the definition of a MU -PUD as follows: "MU -PUD Mixed Use Planned Unit Development District: The MU -PUD district is intended to provide the opportunity to develop a planned unit development with mixing of residential and nonresidential uses. All of the permitted, conditional, and accessory uses contained in the R -2, R -3, B -1, and B -2 zoning districts shall be treated as potentially allowable uses within the MU -PUD district, provided they would be allowable on the site under the comprehensive plan. The city council shall have the authority to approve other uses in the MU -PUD district by special permit. (Ord. 361, 2001)." Planning Commission Minutes August 28, 2007 Mr. Grittman said there are some site plan details that have found their way into the recommendation, and asked the Planning Commission to not refer to them as part of any recommendation that they would make tonight. Mr. Grittman said this MU -PUD concept was created when the Village began their construction process, and the City felt it was appropriate for this land to mirror that site's land use and have the same zoning. Staff believes it's appropriate to change those small pockets to the same designation, and is recommending approval of the changes as presented. Commissioner Povolny asked if this is approved, will the appearance of this property be improved, and will the existing building be consistent with the rest? He is concerned that this property is similar in design throughout the project. Mr. Grittman said this is the benefit of the rezoning, in that this will ensure the architect and site planning is reviewed to the City's satisfaction. The advantage to the applicant is that they get some flexibility in their planning. Commissioner Viksnins asked what the expectations are on the time frames. Mr. Grittman said he is relatively confident that the applicant will proceed with a portion of the project rather quickly. Commissioner Viksnins asked Mr. Grittman if he has any history about the zoning of those smaller pieces. Mr. Grittman said he does not, but believes they were remnant parcels from past sales. Commissioner Viksnins asked if Mr. Grittman has any knowledge about the NP portion, and if this was to be kept preserved. Mr. Grittman said there has been some discussion about preserving a buffer between the shopping center and the Dodge Nature Center, but does not believe there are any title requirements. He would assume this was guided and zoned this way because of the old state highway concept that MnDOT was working on. Ms. McDermott said this strip is owned by MnDOT and is zoned NP. Chair Lally said there seems to be a lot of empty space in the Village, and is concerned that Mendota Plaza will not be able to sell their space, and asked what would attract people to Mendota Plaza. Mr. Grittman said he would prefer that the applicant answer that question. Chair Lally asked about the creek that runs through the property. Mr. Grittman said with the MU -PUD in place, those concerns can better be addressed with the concept plan. Mr. Grittman said there is an expected access (right in- right out) to the east of the property onto Highway 110. Commissioner Viksnins asked for further clarification on the area of the MnDOT parcel. Mr. Grittman said this area is about 150 - ft wide. Mr. Grittman said a MU -PUD will give the City more flexibility in determining how large that buffer should be. Ms. McDermott said the continuation of this old right of way has been turned over to the Dakota County EDA and there is just this little chunk of the nature center's land. If this were to be sold, Dodge Nature Center would have first rights to purchase. Commissioner Norton asked what the next steps will be after approving this application. Mr. Grittman said the applicants will have to apply for concept PUD plan approval and would have to bring forward a proposed site plan. Then the applicant will need to provide a preliminary plan PUD for the first phases of that project. Public hearings will also be held for these applications. Aaron Hemquist, RLK Incorporated, 6110 Blue Circle Drive, Minnetonka, is the engineer on this project. Mr. Hemquist said the applicant purchased the property from MnDOT last year and this is a continuous parcel. Mr. Hemquist said the applicant has been in contact with the Dodge Nature Center with some preliminary conversations regarding the buffer. Chair Lally asked how well a child care center will work on this property if there is already one across the street. Mr. Hemquist said there are no discussions with prospective child care centers, but this is viewed as a potential use of the project. Chair Lally asked for comparisons of other businesses between the Village and this property. Mr. Hemquist said these are just potential uses at this stage. Mr. Ken Henk, Pasteur Enterprises, 2227 University Avenue, St. Paul, reviewed the site plan and building elevations. Commissioner Viksnins said he is very skeptical that the applicant will be able to fill this space and has great concern that buildings will be constructed that will become eyesores, and does not believe that putting in six trees along Dodd will create an adequate buffer. Dodge Nature Center is one of the unique assets of this community and this retail development will not be one of the unique assets that this community has, and encouraged the applicant to work on extensive buffering of the eastern edge. Mr. Henk said he will work with his landscaper on this. Commissioner Norton suggested to the applicant to work with MnDOT to place adequate plantings and trees, and asked the applicant for an idea of a timeline. Mr. Henk said it is their intent on submitting their plan this fall for a 7,200 sq. ft. building Planning Commission Minutes August 28, 2007 along Highway 110 for the Walgreens and the mall renovations. Hopefully, some of this grading and utility work can be done during the winter months. Commissioner Norton suggested to the applicant to work with the City to get some information about a company that is seeking land/space in the community for an assisted living facility. Commissioner Povolny asked if the applicant has access to Highway 110. Mr. Henk said they do and that they also have recorded documents showing ownership of these easements. Vice Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Commissioner Norton moved, seconded by Commissioner Povolny, to close the public hearing. AYES 4 NAYES 0 Commissioner Norton moved, seconded by Commissioner Povolny, to recommend approval of the comprehensive plan amendment of the zoning request based on the findings that the proposal will not alter the essential character of the neighborhood, and the proposed development is consistent with the zoning ordinance and the comprehensive plan, and with the conditions listed in the Staff Report as presented and review by the City Engineer. Further Discussion Commissioner Viksnins said he does not want the motion to have any indication that the Planning Commission is in ultimate agreement or disagreement with the plan that is generally described in this report; and would support language to refer to the zoning amendment. If the motion somehow infers the agreement with some of the concepts in broad scope or in detail, then he would have some concerns. Mr. Grittman said the language of the proposal relates to language in the zoning ordinance and does not infer approval of a specific concept. Commissioner Viksnins made the following friendly amendment, accepted by Commissioner Norton, that the Commission recommend approval of the zoning and comprehensive plan amendment based on the finding that the proposal will not alter the essential character of the neighborhood, and that the proposed use is generally conformed with the zoning ordinance. AYES 4 NAYES 0 PLANNING CASE #07 -34 Sue McDermott, City of Mendota Heights 2144 Dodd Road Old Fire Hall Site Rezoning and Comprehensive Plan Amendment Planner Steve Grittman reviewed a map showing the location of 2144 Dodd Road, which is a cluster of parcels. This site is currently vacant and zoned R -1 and guided for low density residential. The City of Mendota Heights has asked for this public hearing to consider a comprehensive plan amendment and rezone this parcel to B -2 Neighborhood Business. The existing land use around the property is residential to the north and east, commercial to the south, and industrial to the west. The City has had several parties contact them that are interested in putting in some type of office use. Commissioner Viksnins asked for some examples of retail office that the City envisions. Mr. Grittman said there is nothing specific in mind. Ms. McDermott said there is nothing specific in mind, and it would depend on who buys the property. Two property owners have expressed interest. Mr. Grittman listed some of the allowed businesses that could go into this area. Chair Lally asked if the private road that comes off Fox Place will access this property. Mr. Grittman said it would not. Planning Commission Minutes August 28, 2007 Vice Chair Lally opened the public hearing. Laurie Weinzettel, 2140 Dodd Road, is the property owner next to the parcel. Ms. Weinzettel said this property was up for sale few months ago, and at that time, she brought it to the attention of the City, her suggestion that whoever buys this land, they should be the ones requesting the rezoning. She questions the legality for requesting the bids, and brought to the City's attention that this is donated land and questioned whether or not the City has the right to sell. When the old fire hall was brought down, the process cracked her foundation, and had to pay $80,000 to have it repaired. The three major stress factors in her ceiling are across her whole house. The City never removed any of the concrete or asphalt building that was underground. When the fire hall was taken down, she called the EPA with concerns of contamination. This property was originally the village hall and the property she owns was purchased from her parents, and this land has been in the family since 1936. Ms. Weinzettel said she has a problem with the fact that this will be rezoned to commercial, and has spoken to the Mayor and three Council members, whom all have told her that they would rather have this marketed as residential. At that time, there was only one person who wanted that property, and that was for an office building. Ms. Weinzettel said she currently has a 15 -ft easement from the City for her driveway access. A commercial property abutting a residential property would have to have an additional 20 -ft. setback. Based on this, how could a business even operate on this property? Ms. Weinzettel asked how the City could sell the property when it was donated to the City. Ms. McDermott said not all the parcels were donated as she has a cancelled check showing the purchase of one of the parcels. In addition, the City Attorney has received these transactions for make sure the City is in full compliance. Ms. McDermott said the City received an appraisal for the highest and best use of this property. Ms. McDermott said she also received a call from the neighbor to the East that can't be here tonight saying his only concern was the drainage. There is a drainage issue that the City will work with the new property owner as well as Fischerville and the Fine Arts to correct these issues. Dennis McCardle, 2159 Fox Place, talked about the drainage issue along the private road, which is actually a spillway, and explained how the properties on Dodd are higher, leaving water to run off down onto the properties along Fox Place. Alan Olson, 2153 Fox Place, behind Fischerville, and spoke of his opposition of having more commercial behind his home. His picture window faces the rear of these businesses, and does not wish to add to this unsightliness. Mr. Olson talked of his water problems and the chickens in the rear of Fischerville, and the parking lot in that area. Mr. Olson said his property taxes are being lowered because of the commercial use. Brad Herbert, 2158 Fox Place, said the situation is 100% better now than when the fire station was there. Mr. Herbert said Fischerville looks great on the front of their property, but the back is in terrible shape. People use the spillway (private road) as a walkway to the park, so perhaps the City would rather use this area for that reason. Mr. Herbert talked about how the views from the homes along Fox Place have to look up onto the backs of these commercial buildings. Beth Olson, 2153 Fox Place, said her concern is that if this property is not being sold has residential, is the City then selling this as commercial to get a higher price? She would like to see this property put up for sale as it is, and let the buyer apply for a rezoning should that be necessary. Chair Lally referred to Ms. McDermott's comments earlier in that the property has been appraised for what the appraiser feels is the best use and the best price for this property. Seeing no one else coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Commissioner Viksnins moved, seconded by Commissioner Povolny, to close the public hearing. AYES 4 NAYES 0 Chair Lally moved, seconded by Commissioner Viksnins, to recommend approval of the change to the comprehensive plan based upon the finding that the proposal is compatible with the surrounding land uses and will not have a negative impact on traffic patterns and is consistent with the directive of the comprehensive plan. Further Discussion Chair Lally said some of the issues of concern, i.e. drainage and aesthetic issues, are issues which currently exist without any development on the property. While these are very valid issues, they are important issues to consider. Some of the options that the neighbors have suggested will still exist even with a change in the comprehensive plan. If adjoining property owners are interested Planning Commission Minutes August 28, 2007 in purchasing the property and keeping it as open space, that option exists regardless of what the zoning is stated in the comprehensive plan. Chair Lally said it is important for property owners to continue discussions with the City regarding problems /concerns with the existing businesses (Fischerville and the sign company). Chair Lally said it will most likely be better to have this property sold and developed, and to make sure it's aesthetically pleasing to all. Commissioner Viksnins asked if it's already too late as there are problems in existence regarding the commercial businesses that already in place. The proposal before the Commission at this time will not improve the already existing conditions. Commissioner Povolny said he is unsure about which way to go at this time. Commissioner Norton asked when this request came up. Ms. McDermott said she believes this came at the August 7th meeting. Chair Lally said the notice came out for the public hearing on August 8th and there was a City Council meeting on August 7th. There was some discussion about this property in the City Council's June 19th meeting minutes. Ms. McDermott referred to the memo in the packet she sent to the Planner, dated August 91h Commissioner Viksnins asked if there are any time constrictions on this application. Mr. Grittman said the City initiated application, and would have 60 days for the application, unless they extend it. There would be time from a calendar standpoint to table this action if the Commission wishes to take more time. Ms. McDermott said there is a property maintenance ordinance, but it only applies to residential, however, Staff is continuing to work with the commercial businesses on Dodd Road to make sure they are in compliance with regulations. AYES 3 NAYES 1 (Commissioner Povolny) PLANNING CASE #07 -35 Sue McDermott, City of Mendota Heights South Plaza Drive Rezoning and Comprehensive Plan Amendment The City of Mendota Heights has filed an application for a Comprehensive Plan amendment to allow for the rezoning of property owned by the City and the Dakota County Community Agenda (CDA). The parcels in question are situated at the end of South Plaza Drive to the southeast of the Mendota Mall Area. In order to accommodate the proposed rezoning, the Comprehensive Plan must be amended to change the existing low density residential designation to MU -PUD. Mr. Sedlacek said in the review for Mendota Plaza, finding the multiple land use designations, it was felt that was need to get that cleaned up and no one knows how, historically, these parcels ended up with the designations that are currently in place. There being no questions for the applicant, Vice Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Vice Chair Lally asked for a motion to close the public hearing. Commissioner Viksnins moved, seconded by Commissioner Norton, to close the public hearing. AYES 4 NAYES 0 Commissioner Viksnins moved, seconded by Commissioner Norton, to recommend approval of the amendment of the rezoning in the Comprehensive Plan based on the finding that the proposal is compatible with the surrounding current and future land uses. AYES 4 NAYES 0 Verbal Review Planning Case No. 07 -24 RJ Construction/ Gabriel Financing Variance Planning Commission Minutes August 28, 2007 • Application was withdrawn Planning Case No. 07 -25 James Hanson Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Planning Case No. 07 -26 John Richardson/John & Linda Roszack Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Planning Case No. 07 -27 City of Mendota Heights Amendment to Zoning Ord. • Council felt they liked the current ordinance where a citizen can have up to 144 sq. ft. and beyond that, they would need a conditional use permit. The current CUP allows the City to take into consideration the size of the lot and other characteristics. Council directed Staff to not take any further action.. Planning Commissioner Vacancy Mr. Sedlacek said the City received three qualified applications for the vacancy and reviews are being coordinated. Commissioner Viksnins moved, seconded by Commissioner Hennes, to adjourn the meeting at 10:30 pm Respectfully submitted, Rebecca Shaffer, Recording Secretary 10