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2007-09-25 Planning Comm MinutesPlanning Commission Minutes September 25, 2007 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COABUSSION MINUTES September 25, 2007 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 25, 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, Viksnins, Hennes and Field. Those excused: Commissioner McManus. Those present were Public Works Director Sue McDermott, Assistant to the City Administrator Jake Sedlacek, Operations and Project Coordinator Guy Kullander and Planner Steve Grittman. Minutes were recorded by Rebecca Shaffer. Introductions Vice Chair Lally introduced new Planning Commission Litton Field, Jr. Commissioner Field said he lives at 679 Hidden Creek Trail and has been a resident of Mendota Heights since 2000 and looks forward to serving the community on the Planning Commission. Re- election of Officers ,_. Vice Chair Lally called for nominations to the offices of Chair and Vice Chair for the remainder of 2007. Nominations were open for the office of Chair. Commissioner Hennes nominated Commissioner Joe Lally as Chair of the Planning Commission. No other nominations were received Commissioner Hennes moved, seconded by Commissioner Viksnins, to nominate Joe Lally as Chair of the Planning Commission for the remainder of 2007. AYES 6 NAYES 0 Nominations were open for the office of Vice Chair. Commissioner Norton nominated Commissioner Mike Povolny as Vice Chair of the Planning Commission. No other nominations were received Commissioner Norton moved, seconded by Commissioner Viksnins, to nominate Mike Povolny as Vice Chair of the Planning Commission for the remainder of 2007. AYES 6 NAYES 0 Approval of August 28, 2007 Minutes Page 1, first paragraph under Case No. 07 -27, shall read as follows: Planning Commission Minutes September 25, 2007 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. Commissioner Viksnins moved, seconded by Commissioner Norton, to approve the minutes of August 28, 2007 as presented. AYES 5 NAYES 0 Abstain 1 (Commissioner Field) Hearings PLANNING CASE #07 -36 David Olson 1049 Douglas Road Conditional Use Permit and Critical Area Permit Planner Steve Grittman reviewed a map showing the location of 1049 Douglas Road, which is a parcel, zoned R -1 Single Family. This property is located within the Critical Area Corridor and as a result, any activity on the property requires a separate Critical Area Permit. A Conditional Use Permit is required as C the applicant is seeking to construct an accessory building of 192 sq. ft. (12' x 16' building). This is larger than the required 144 sq. ft. Mr. Grittman said the only comment that Staff had on this case relates to the setbacks, in which the setback for this building is 39 -ft and also a 54 -ft dimension from the roadway make it appear that the building is closer to the street than the house. The property is relatively wooded and it appears that the building will set well with the contents of the home. Staff feels it is consistent with the critical area requirements and does not impact the bluff area and any environmental considerations. Staff recommends approval of the Critical Area Permit and the Conditional Use Permit. Commissioner Hennes asked about the height of the building. Mr. Grittman said there is a maximum height of 15 -ft and the dimensions of this building appears it is quite a bit less than that, but the applicant has not indicated the actual height in the drawings. The applicant, David Olson, resides at 1049 Douglas Road and said the building height will be below the maximum and this shed will have the same siding and roofing as the existing home. Mr. Olson said he wants this building to add to the neighborhood and it will be invisible from neighboring properties. Commissioner Field asked if the applicant was comfortable with the height and setback requirements. Mr. Olson said he was. 2 Planning Commission Minutes September 25, 2007 Commissioner Viksnins said the applicant indicated in the application that this accessory building will meet residential needs and asked Mr. Olson to clarify. Mr. Olson said he meant that this building will serve his residential storage needs. Commissioner Povolny asked how far back from the front of the house will this building be. Mr. Olson said it was about 10 -ft. Commissioner Povolny asked what type of doors will be on this building. Mr. Olson said on the 16 -ft length, there will be a regular 36" door and there will be windows on either side. On the 12 -ft wide side facing the north, there will be barn doors. There will be no doors on the street side. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. Commissioner Field moved, seconded by Commissioner Norton, to close the public hearing. AYES 6 NAYES 0 Commissioner Hennen moved, seconded by Commissioner Field, to recommend approval of the Critical Area Permit and Conditional Use Permit as presented. AYES 6 NAPES 0 PLANNING CASE #07 -37 Jorge Maldonado 2496 Bridgeview Court Wetlands Permit Planner Steve Grittman reviewed a map showing the location of 2496 Bridgeview Court, which is a parcel, zoned R -1 Single Family. The applicant is seeking a wetlands permit to allow for the clearing of some vegetation around the pond for a walking path that will provide access from the rear yard portion to the pond. Mr. Grittman said the wetlands ordinance provides that any land alterations or construction within 100 -ft of any wetland requires this permit. The walking path is an allowed use. The applicant has indicated that he will not be removing any vegetation other than which is necessary to gain access to the pond. The application does not show what type of material will be used. Staff recommends the use of a permeable material to limit the direct runoff of water into the pond. Mr. Grittman said with this clarification of material, Staff recommends approval of this application, with the following conditions: 1. The placement of the walking path shall avoid the drainage and utility easement. 2. All activities related to grading and drainage of the site shall be subject to the review of the City Engineer. Planning Commission Minutes September 25, 2007 3. The removal of the vegetation shall remain outside the actual wetland and be limited to that which is reasonably required for the placement of the walking -path. 4. The applicant shall consider the use of permeable materials if practical. Commissioner Field asked for clarification of the easements. Mr. Grittman said there is an existing drainage utility easement around the wetland. Commissioner Hennes asked how wide the pathway will be. Mr. Grittman said it ,appears to be approximately 8 - 10 ft. Commissioner Hennes asked if there are other cases in the City such as this. Public Works Director Sue McDermott said there have been a few applications last year, mostly along Rogers Lake. Chair Lally asked if the conditions have been discussed with the applicant. Mr. Grittman said they have not been. Commissioner Povolny asked what type of material will be used. Mr. Grittman said the applicant will have to clarify that. Jorge Maldonado, 2496 Bridgeview Court, said the pathway will be made of flagstone and gravel, and will be about 6 -8ft. Chair Lally asked if the applicant is comfortable with the conditions on approval. Mr. Maldonado said he was in agreement with those conditions. Commissioner Norton asked the applicant to explain more about how the flagstone will be laid out. Commissioner Viksnins asked the applicant why he wants to access the pond. Mr. Maldonado said in order to have a better view of the pond from his home as currently, the pond is not visible. .Also, his family ice skates on this pond and this will give them easier access. Commissioner Field referred to the diagram which shows the walking path widening as it gets closer to the pond, and said this appears to be a sitting area. Mr. Maldonado said this area will be used as such and the width would be about 2 -ft wider on each side, and asked if there was a limit to that width. Commissioner Field said there is no limit, and for public record, it will be useful to clarify. that this walking path also contains a sitting area. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. Commissioner Hennes moved, seconded by Commissioner Norton, to close the public hearing. AYES 6 NAYES 0 4 Planning Commission Minutes September 25, 2007 Commissioner Viksnins moved, seconded by Commissioner Hennes, to recommend approval of the Wetlands Permit with the conditions as outlined by the Planner. Further Discussion Chair Lally asked Ms. McDermott if the flagstone and gravel are acceptable materials. Ms. McDermott said they are. Commissioner Fields made a friendly amendment to clarify that this is not only a walking path, but that it is a walking path and sitting area. Commissioner Viksnins accepted the friendly amendment. AYES 6 NAYES 0 PLANNING CASE #07 -38 Ed Chavez 1813 Lexington Avenue Critical Area Permit Planner Steve Grittman reviewed a map showing the location of 1813 Lexington Avenue, which is a single family lot, zoned R -1 Residential. The applicant is seeking to allow for the removal of an existing deck on the rear portion of the home, and replacement of a new deck, that being slightly larger, expanding the deck about 17 feet in depth. The location of the property is quite removed from any environmentally sensitive areas. Mr. Grittman said the applicant will need to clarify the construction details of the deck and it does not appear to have a negative impact on the neighboring properties. Staff recommends approval of this application as submitted. Ed Chavez, 1813 Lexington Avenue, said the deck will be made of cedar. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. Commissioner Viksnins moved, seconded by Commissioner Hennes, to close the public hearing. AYES 6 NAYES 0 Commissioner Norton moved, seconded by Commissioner Povolny, to recommend approval of the Critical Area Permit based on the fmding that the proposed improvements do not conflict with the Critical Area Ordinance regulations or objectives. AYES 6 NAYES 0 R Planning Commission Minutes September 25, 2007 Update on Pilot Knob Phase 2 Operations and Projects Coordinator Guy Kullander gave an update on the progress on the Pilot Knob Phase 2 Development Management Plan. Mr. Kullander said in December of 2005, the City, with grant money from DNR, Dakota County, and City funds, purchased an 8.5 acre site on Pilot Knob. Housing developers were looking at another 15 acre portion nearby for 157 town homes. That process went to the Council through an EAW process which re p per decided not to proceed with this development ulred'an environmental impact statement. The develo q p and withdrew their offer to purchase that land from Acacia Cemetery. At that time, the Trust for Public Land, which helped the City acquire funds for the first site, helped send applications to three different DNR agencies to acquire enough funds to purchase these 15 acres for preservation. The City has just been notified that enough grant money will be received from these agencies, Dakota County, and additional funds that the City Council has pledged towards the cost. Trust for Public Land has other private donations and groups that will contribute the balance for a total of $1.938 million that will be required to obtain this land. One of the elements in obtaining these funds is to develop a management and restoration plan which the City Council adopts and pledges what the City will do to restore this site, and how the site will be used and maintained out through twenty years and in perpetuity after that. The City is making that commitment in that plan and once the DNR approves this management plan, they will release the funds to allow the City to purchase the site. It appears that the City will be closing on this site at the end of December. The Management Plan is being developed by Great River Greening, the same firm that the plan for the first site. Mr. Kullander reviewed the layout of the site and process of rehabilitating the land. Mr. Kullander said he is presenting this information to the Planning Commission as an overview and asked if there were any concerns or issues that they would like to have incorporated into the plan. Mr. Kullander said the Planning Commission was not involved in the first phase as this phase was processed very quickly. The City is also encouraging public comment. Opportunities for comments from residents, groups, and other interested individuals will be: • September 25' Planning Commission Overview and Concept • October 9' Parks & Recreation Commission Review Draft Plan • October 23`d Planning Commission Review Draft Plan • November 9"' City Staff Final Draft Plan . • November l3"' Parks & Recreation Commission Public Hearing / Present Final Plan • November 20"' City Council Present Final Plan / Adopt Final Plan Mr. Kullander said residents are welcome to call him at City Hall for further information. Commissioner Povolny asked about Pilot Knob Road and how it will be laid out. Mr. Kullander indicated that part of the road will be kept for access, but some of it may removed to combine both the properties (Phase I and Phase II). Some of this roadway may be used for parking. 6 Planning Commission Minutes September 25, 2007 Mr. Kullander said some general information may be posted on the Great River Greening website, as well as Trust for Public Land and Sierra Club websites. Mr. Kullander said residents should contact him for specifics, and any questions regarding donations. Commissioner Viksnins said this verbal report was excellent and may want to put this information on the city's website. Verbal Review Planning Case No. 07 -27 Robert J. Hughes Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. (5 -0) Planning Case No. 07 -28 Alan Olstein Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. (5 -0) Planning Case No. 07 -29 John and Alison Wetlands Permit Torinus • Approved by the City Council as recommended by the Planning Commission. (5 -0) Planning Case No. 07 -30 Beverly Sargent Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. (5 -0) Planning Case No. 07 -31 Patterson Companies Site Plan Review and Wetlands Permit • Approved by the City Council as recommended by the Planning Commission. (5 -0) Planning Case No. 07 -32 Mendakota Country Conditional Use Permits Club • Approved by the City Council as recommended by the Planning Commission. (5 -0) Planning Case No. 07 -33 Mendota Mall Comprehensive Plan Amendment/ Associates Rezoning • This case has been tabled twice by the City Council, and will be presented at the November 20' City Council Meeting. Both the City Council and the Planning Commission feels there needs to be more commitment for housing and mixed use on this site. Councilmembers Vitelli and Duggan will be on a subcommittee with Staff inviting the developer to come in to talk more about what options they have for mixed use on that site and what commitments they might be able to make so Council will feel assured that there will be actual mixed use. Planning Case No. 07 -34 Old Fire Hall Site Rezoning and Comprehensive Plan Amendment • After much discussion with residents on this case, the City Council asked Staff to withdraw the application. Planning Case No. 07 -35 South Plaza Drive Comprehensive Plan Amendment/ Planning Commission Minutes September 25, 2007 U Rezoning • The City owned property and the County owned property at the end of South Plaza Drive had a similar Comprehensive Plan amendment and rezoning request to the Mendota Mall Associates. City Council tabled this to the November 20' meeting. Commissioner Hennes moved, seconded by Commissioner Norton, to adjourn the meeting at 8:30 pm Respectfully submitted, Rebecca Shaffer, Recording Secretary