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2007-10-23 Planning Comm MinutesPlanning Commission Minutes September 25, 2007 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES October 23, 2007 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 23, 2007, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:30 P.M. The following Commissioners were present: Chair Lally, Commissioners McManus, Norton, Povolny, Viksnins, Hennes and Field. 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. Approval of September 25th, 2007 Minutes Page 2, second paragraph from the bottom, shall read as follows: "The applicant, David Olson, resides at 1049 Douglas Road and said the building height will be below the maximum mini 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." Page 4, second paragraph from the bottom, shall read as follows: "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 if there is no limit, and for public record, it will be useful to clarify that this walking path also contains a sitting area." Commissioner Hennes moved, seconded by Commissioner Povolny, to approve the minutes of September 25, 2007 as presented. AYES 7 NAYES 0 Hearin jzs PLANNING CASE #07 -39 Glenn & Diane Stratton 1165 Kingsley Court Critical Area Permit Planner Steve Grittman reviewed a map showing the location of 1165 Kingsley Court, which is two - family structure in a complex of two family structures. The applicants are currently seeking a critical area permit to allow for the construction of deck and porch improvements to the rear portion of their unit. The porch is shown to be 12 -ft in dimension out from the house, which is similar to the existing deck. It appears that the applicants meet the requirements of the critical area and the zoning ordinance. Staff recommends approval of this critical area permit as it is not shown to have a negative impact to the grading or ground cover in that location. Commissioner Viksnins said the Planners Report talks about water runoff and asked Mr. Grittman to clarify. Mr. Grittman said the applicant needs to ensure that they are not draining the water, and they will also have to verify how the drainage will be done. Glenn Stratton, 1165 Kingsley Court, said the porch addition will actually be 10 -ft. Commissioner McManus asked if the applicant will be using concrete piers to hold up the porch and deck. Mr. Stratton said that was correct. Commissioner McManus said that will not appear to cause any damage to the critical area. Planning Commission Minutes September 25, 2007 Commissioner Norton asked the applicant to further explain the grading and drainage. Mr. Stratton explained how that would be done, which includes using 8 -in and 10 -in elbows to direct the water into a drain tile, letting the water seep into the ground and not run off the top of the soil. Mr. Stratton said he is very willing to work with the Public Works Director on the best solution to this concern. 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 Norton moved, seconded by Commissioner Viksnins, to close the public hearing. AYES 7 NAYES 0 Commissioner McManus moved, seconded by Commissioner Viksnins, to recommend approval of the Critical Area Permit as presented based on the proposed improvements to the grading and drainage, which will need to be approved by the City Engineer. AYES 7 NAYES 0 PLANNING CASE #07 -40 Susan Stotts / LCS Corporation 1480 Sibley Memorial Highway Conditional Use Permit Planner Steve Grittman reviewed a map showing the location of 1480 Sibley Memorial Highway, which is an industrial property. The applicant is seeking an approval of a conditional use permit to allow for the placement of an accessory building, which will be used for a smoker's shelter for employees. The placement of the building is supposed to be adjacent to service doors, which face Sibley Memorial Highway. The structure is described as a bus stop type building. Mr. Grittman said detached structures are required to be 5 -ft. from the main building wall. Mr. Grittman said Staff is not clear on the applicant's intent to have a detached or attached structure. If the building were to be attached, there are some code requirements that need to be addressed. It would also be considered a non - accessory structure and would not need a conditional use permit. The applicant will need to clarify this. If it is to be a detached structure, it would require a conditional use permit, and there are some requirements that the building materials will need to be similar to the main building. The applicant has not provided any additional landscaping plans, and the building is proposed to be in a rock/mulch, but this needs to be verified also. Staff believes that the conditional use permit is appropriate as the building is very small, and relatively inconspicuous, and recommends approval based on further clarification from the applicant. If the building is attached, the applicant will not need a conditional use permit and a public hearing process, but will have to go before City Council for approval Commissioner McManus asked Mr. Grittman how he would define "attached ". Mr. Grittman said the shelter could be physically connected to the building. Commissioner McManus asked if this would then apply if the applicant attached the structure to the main building by a couple of u- bolts. Mr. Grittman said that technically, it would apply, but it is more complicated because the attached structure would need to have a similar footing and foundation as the principle building as ground shift and frost heave would affect that building differently than a detached one. Commissioner Povolny asked if the addition will match the color of the building. Mr. Grittman said the drawing that was submitted had darker posts and was mostly translucent with all the glass. Planning Commission Minutes September 25, 2007 Commissioner Hennes asked if there were any other similar shelters in the City. Public Works Director Sue McDermott said she and the Planner were both not aware of any other structures. Commissioner Field said according to the site plan, it would appear that they will be pouring a slab that will be separate from the building; it does appears as though this will be a separate structure and separate foundation. Commissioner Field asked if there would be any flexibility with the required 5 -ft distance. Mr. Grittman said a variance would be needed to alter this code requirement. Commissioner Field asked if this could be done within the context of the conditional use permit. Mr. Grittman said that it could not and that it would need to have a separate notice and public hearing. Chair Lally asked if the applicant could amend the plan without having a second notice. Mr. Grittman said the Planning Commission could make a recommendation that includes such suggestions for changes. Susan Stotts, 1480 Sibley Memorial Highway, is the owner of LCS. Ms. Stotts said the pictures that have been provided were examples to show what type of structure and how big it would be. Ms. Stotts said she will make this structure tie in with the building colors, and would be using cedar materials to provide better aesthetics. Ms. Stotts said she would prefer to have the building attached close to the utility door so her employees would not have far to walk, especially with ice and snow during the winter months. Ms. McDermott said the applicant can meet with the Building Inspector to find out more specifics on the building requirements (footings, slab, etc.). Assistant City Administrator Jake Sedlacek said in addition, the Building Inspector can go over material specifications as well. Footings would be required if the shelter is attached to the main building. Ms. Stotts asked if she could have a floating slab if the building was detached from the main building. Chair Lally said as long as it's 5 -ft. away from the building. Ms. Stotts expressed her concern for getting this done before the ground gets too frozen. Commissioner Norton asked Ms. Stotts to clarify her intent of having a detached or an attached structure. Ms. Stotts said she would prefer attached. Commissioner Norton moved, seconded by Commissioner Hennes, to strike this case from the agenda. Further Discussion Commissioner Field said he would like to hold this case over pending appropriate disposition so that it does not have to be re- noticed and asked to make a motion to propose an alternative to lay this over. Commissioner Norton said in light of the comments made by Commissioner Field, he withdrew his motion. Commissioner McManus asked why this would be laid over as the applicant said she wants to construct an attached building. Chair Lally said if for some reason the proposal for the attached building would not work out, the applicant should not have to pay another fee and make another application. Commissioner Field said his recommendation gives options to the applicant, so that before going before the City Council, the applicant has dealt with this appropriately, the City Council can then strike this from their agenda. Mr. Grittman said another alternative would be that if the Planning Commission feels that the building with whatever conditions would be appropriate with the 5 -ft setback, they could choose to make the recommendation to approve the conditional use permit; however if the applicant finds a solution for an attached building, she can go to the City Council for approval without coming back to the Planning Commission. Commissioner Povolny said it appears that this shelter is being built for smokers who can no longer smoke in building due to the new law that was passed. Commissioner Povolny said Ms. Stotts is trying hard to make her employees happy, and that the City will most likely see more cases such as this. Commissioner Hennes said it seems this shelter is to provide wind / rain protection for the employees. Planning Commission Minutes September 25, 2007 Commissioner Viksnins asked how visible this will be and will there be some landscaping. Ms. Stotts explained how the building will be visible and that she will make it look appealing. Commissioner Field said he does not have an issue with this type of structure by a utility door, and asked if there were any other sites available to place this shelter. Ms. Stotts said there is no other place to put it that will give her employees equal access. Commissioner McManus said this is a building in an industrial park, and it's not the most attractive building, and sees no importance in having the shelter visible to the street. Commissioner McManus said anything that the applicant puts there will most likely be nicer looking than the main building and does not want to hold up the applicant on this because of the impending colder weather. 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 Povolny, to close the public hearing. AYES 7 NAYES 0 Chair Lally said there has been a suggestion made by Mr. Grittman with regard to an option that respects the applicant's time and need for some resolution, and a dual recommendation to the City Council could be made which would include options for an attached and a detached building. If the building is attached, there would be no recommendation from the Planning Commission, but if the building is detached, then the requirement would be the 5 -ft distance from the main building. Commissioner Fields moved, seconded by Commissioner McManus, to forward to City Council, Staffs recommendation for both options as follows: a detached structure which would include all conditions as outlined in the Planners Report, with the complete knowledge that this is a motion which an action may not be necessary should the applicant choose to construct an attached shelter; and that this motion is made for the sole purpose of advancing this matter due to unknown weather conditions. Further Discussion Commissioner Hennes said there is value in Commissioner Norton's statement that these types of requests will most likely be coming forward, and that Staff should give some guidance on how these requests should be handled. Commissioner Viksnins said it would also be helpful to have the City make it clear to the applicant on whether the building would be attached or detached. AYES 7 NAYES 0 PLANNING CASE #07 -41 Simon Abromovich 719 Spring Creek Circle Wetlands Permit Planner Steve Grittman reviewed a map showing the location of 719 Spring Creek Circle, which is a single family lot, zoned R -1 Residential. The applicant is seeking to reconstruct a new home on an existing foundation. This parcel has been subject to a previous wetlands permit to allow some re- grading on the property, at which time the applicant had indicated they would add volume to the home by adding some bay windows. Since then, the applicant changed plans and had the home removed to give the opportunity to reconstruct a new home. A new wetlands permit needs to be approved because of this change. The applicant has indicated that they will restore the site to its previous condition. Staff does not believe the existing changes will threaten the wetland area in any greater extent than the previous permit was approved for. Commissioner Povolny asked why the application is coming in after the project was already started. Mr. Grittman said the Building Official issued a permit at this time, believing the previous wetland permit was sufficient, but it was discovered midway through the construction that this was not the case. Planning Commission Minutes September 25, 2007 Commissioner McManus said he would encourage the City Council to follow up on how the vegetation will be restored. Mr. Simon Abromovich, 719 Abromovich, explained how the new construction was to be built on the foundation, and that all the construction was within the requirements of the City Codes. Mr. Abromovich explained how the existing vegetation will be replaced. Commissioner Norton asked where the old house was moved to. Mr. Abromovich said he did not know. 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 Field, to close the public hearing. AYES NAYES Commissioner Hennes moved, seconded by Commissioner Field, to recommend approval of the Wetland Permit as presented. AYES NAYES PLANNING CASE #07 -42 City of Mendota Heights 755 and 765 Willow Lane Wetlands Permit Planner Steve Grittman reviewed a map showing the locations of 755 and 765 Willow Lane, and reviewed the request for a wetlands permit as the City of Mendota Heights wishes to repair the existing creek that runs through these properties. This creek has suffered some erosion issues over the past years and the project is to restore the bank in two locations, and address some of the water flow of the creek. The project is a cooperative effort between the City, Barr Engineering, and Dakota County Soil and Water District. The two highest priority areas are on the properties of Brian Birch at 755 Willow Lane, and Alan Anderson at 765 Willow Lane. Commissioner McManus asked if there were a variety of approaches that could be used to stabilize this creek, or has one already been selected. Ms. McDermott said the approach that has been selected, and is before the Planning Commission, is a more natural approach utilizing riprap rock and vegetation to stabilize the banks. Ms. McDermott said these properties are privately owned, but the creek takes storm water from many neighborhoods. City staff has been working with the property owners as there are no utility and drainage easements on these properties (both having signed their approval), and also several of other properties that will be improved over the next year or two that have easements. Ms. McDermott said the City is also receiving a grant from Dakota County in the amount of about 75% of the cost of the project. 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. It is noted that Mr. Brian Birch is in attendance. Commissioner Field moved, seconded by Commissioner Povolny, to close the public hearing. AYES 7 NAYES 0 Commissioner Fields moved, seconded by Commissioner Norton, to recommend approval of the Wetland Permit as presented. Planning Commission Minutes September 25, 2007 AYES 7 NAYES 0 Discussion on Purchase of Bourne Proper Mr. Sedlacek said the City has been working to assemble some properties that are in the airport noise zone for some time. The City has already purchased the majority of the properties in this area, but there are a few left. The City's stance was to wait for the property owners to sell and now the Bourne family is ready to sell their property to the City. This larger portion is guided Business District, and it has been determined that this area is a compatible use as it's located very close to the airport. Because the City has a Comprehensive Land Use Plan, any purchase of land must be reviewed by the Planning Commission. The roll of the Planning Commission is to determine whether or not the proposed purchase is in compliance with the Land Use Plan Commissioner Field asked if Staff was looking for the commission to take some action in connection with the zoning of this particular zoning. Mr. Sedlacek said this would be a separate action. Commissioner Viksnins asked for some clarification on future development plans and long term vision. Mr. Sedlacek explained some of the vision for this area. Staff feels this area would be desirable for business /industrial area because of the closeness to the airport. The City Council will patiently wait for these other properties to sell and will not push the property owners to do so. Commissioner Hennes asked if the properties owned by the City were dormant. Mr. Sedlacek said that was correct. Mr. Sedlacek said the property owners were asking for more money, but after reviewing the appraisals that were done, agreed to sell the property for fair market value at $207,000 based on the Dakota County Assessor's office. Commissioner McManus asked what the City's motivation was to spend $207,000 to purchase this land. Mr. Sedlacek the lot is not compatible with the land use and the lot itself is not big enough to be developed. It is hoped that after acquiring all this property, a developer would purchase the whole piece for development, as the City would not be doing the development. Commissioner McManus said it seems that this would be an investment on the City's part. Mr. Sedlacek said there are not many parcels left in the City for industrial development. Commissioner Hennes asked if Staff has an idea of what the overall property value might be. Mr. Sedlacek said that cannot be determined because the two remaining properties are not up for sale and it's hard to place a value on it at this time. Commissioner Field said there does not seem to be any need to use eminent domain in this process, and that it seems to be a very friendly transaction. This seems to be a good plan and it helps cure the comprehensive plan issue. Commissioner Fields moved, seconded by Commissioner Viksnins, to recommend approval of the purchase of the property located at 1181 Bourn Lane, for the amount of $207,000, and that it is consistent with the Comprehensive Plan and the City Council's determination to acquire the remaining properties as they become available is the best course of action. AYES 7 NAYES 0 Discussion on Purchase of Acacia Property Mr. Sedlacek began the discussion for the City's intent to purchase the Acacia property, which has been much discussed publicly. Previously, the City has purchased land on the end of the Acacia property to the northwest and now has the opportunity to purchase land to the East of Pilot Knob road which is currently designated High Density and Medium Residential. This is coming before the Planning Commission to make sure this purchase will be compliant with the comprehensive plan use designation. Mr. Sedlacek said any land use designation allows for open space, and this has been an item for discussion for City Council at previous workshops regarding comprehensive plan updates and it is anticipated that this area will be changed to a more appropriate land use designation such as a nature preserve. It cannot be guided under a park designation because of some of the funding that is involved. Funding for the purchase of this property is coming through a number of grants. Planning Commission Minutes September 25, 2007 Commissioner McManus asked for some clarification on Site #1. Mr. Sedlacek said Operations and Projects Coordinator Guy Kullander will be making a presentation regarding that information. Mr. Sedlacek said Site # 1 has been purchased and has been cleared of all buildings and plantings have been done on this site, and there is still a lot to be done. Commissioner McManus asked if after purchasing Site #2, all the acquisitions have been completed. Mr. Sedlacek said that was correct. The City has also acquired a few properties to the south of Acacia Blvd. for some industrial /commercial use. Commissioner Povolny asked if the City has any intentions of ever selling this property in the future as with the Bourne property. Mr. Sedlacek said they do not, and that after changing the land use guide, this would protect this property in keeping it natural. Chair Lally asked if the City will own the property. Mr. Sedlacek said it would eventually own the property after going through all the funding processes with the various grantors. The City has committed $400,000 to this purchase and the County and the State has also committed a significant portion of funds, as well as private fundraising from Trust and Public Land and other entities. Mr. Kullander said the total price of the property is $1.88 million. Commissioner McManus asked if the Planning Commission has enough information at this time, before they made a recommendation. Mr. Sedlacek asked Mr. Kullander to come forward to explain the management plan for this parcel. Mr. Kullander said the funding grants that the City will be receiving from Dakota County and three different DNR grants all have easements and restrictions on the grants, such as the site has to be open for the public to go in there, and another one that the City has to have a restoration plan on how the site will be restored. Other restrictions include that the City cannot put any buildings on the property, or any ball fields and structures without going back to the grantors and getting their approvals to modify the management plan. The management plan is to restore the site to certain conditions and then commence the city funds over a number of years to get it to that restorative stage, and when the granting agencies all agree, the money is received. There is no anticipation of any buildings or structures of any kind other than perhaps some overlooks. The land cannot be purchased with any buildings on it, so the current owner will have to remove all existing structures and clean up the environment. Commissioner McManus asked if the Native American community has some interest in this site, and is it related to some of their burial sites. Mr. Kullander said they do have interest, and the City is obligated to have the advantage of the restoration plan to get the grants. Great River Greening is presently preparing this plan, indicating what steps will be taken to restore the site to a native parcel, similar to what it was back in the 1850's, and how they would take each element or area of the site, and how the City would approach this part, indicating the timeframe and estimated cost. A final tab will be presented to the City Council, and then the City will sign on to this effort, while Staff is getting consultants to go out seeking additional matching grants for some of this restoration work. The City will obligate itself for about $150,000 to $200,000 over a ten to twelve year period. It is hoped to have more than a third of this cost paid by private grants. The Native Americans ( Mdewankaton Community) have been very active in helping to preserve this area. Mr. Kullander said this is not a very wealthy tribe and most of their support has been in trying to preserve this site through other groups and through planting work. They consider this area the center of the earth, and use this site for ceremonies. There is no official evidence that there is a burial ground, as there has been a lot of disturbance of the site over the years. There will be a minimal amount of disturbance to the land during this restoration. The University of Minnesota worked with the Mdewankaton Community to build sweat lodges and changing rooms out of natural materials on this site as well. Religious activities are still being preformed in this area. Occasionally, this is something that the City will permit in the future, using the process they use for permitting parks for activities. Fees would be very low or be waived and site would be open for the seven Dakota tribes in this area. Other groups will be encouraged to use this area for bird watching, nature observations, etc. Commissioner McManus said he hopes the large mature trees will be preserved as much as possible. Mr. Kullander said there will be great care in this. Trees will be cut and replaced over time selectively and there are some non - traditional trees in this area that are to be left in place. Mr. Kullander spoke of ways to preserve old tree trunks and natural habitat for certain species of animals that are very rare. Commissioner McManus said he is very happy with the report as presented so far. Chair Lally shifted the conversation back to the purchase price of the property. Planning Commission Minutes September 25, 2007 Commissioner Norton moved, seconded by Commissioner McManus, to recommend approval of the purchase of the Acacia property with the finding that this is consistent with the City's comprehensive plan and. AYES 7 NAYES 0 Mr. Kullander further explained how the area will be maintained, how the trail system will be place, signage, and other environmental issues that need to be resolved. The City will work with Dakota County Sheriff's office to obtain prisoners to provide labor. Commissioner Field referred to the property to the east that houses the dog kennels. Mr. Kullander said this dog kennel is a non- conforming use on this site and is grandfathered in. The other parcel adjacent to this is zoned R -1. Mr. Kullander said the Native Americans said they may be able to use some of the buildings, but because of the grants, the City cannot purchase land with the buildings on it. One suggestion that was made is that if any other these properties were up for sale, the Native American community could purchase this property and use for their site and have access to the city -owned parcel. The City has no intentions for these properties at this time. Commissioner Field suggested that the City look at the land use and zoning of these parcels and their comprehensive plan designations for future development/use. Appointment of Planning Commission member to City Council Subcommittee on Mendota Plaza Mr. Sedlacek said the subcommittee has met twice and it is not known if there will be a third meeting at this time. Mr. Sedlacek said the first meeting was a matter of bringing back everything the Planning Commission and City Council has told the owner of Mendota Plaza, reminding them of the concerns. The owner came back for a second meeting, and it seems that now they have done a nice job of complying with many of the concerns so the plan from here is to have them bring forward a new concept plan to the Planning Commission for review and then to the City Council for review, they would then bring forward their planning applications and what the next steps will be as well. At this point, the City does not anticipate another subcommittee meeting but would like to have a representative available from the Planning Commission if there is to be one. In the past, these one -hour meetings have been held before a regular City Council meeting. Commission Field said he would be interested in being a representative on this committee. Chair Lally moved, seconded by Commissioner Norton, to appoint Commissioner Field as the Planning Commissioner Representative to the City Council Subcommittee on Mendota Plaza. AYES 7 NAYES 0 Verbal Review Planning Case No. 07 -36 David Olson Conditional Use Permit and Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Planning Case No. 07 -37 Jorge Maldonado Wetlands Permit • Approved by the City Council as recommended by the Planning Commission. Planning Case No. 07 -38 Ed Chavez Critical Area Permit • Approved by the City Council as recommended by the Planning Commission. Commissioner Viksnins moved, seconded by Commissioner Norton, to adjourn the meeting at 9:15 pm Respectfully submitted, Rebecca Shaffer, Recording Secretary