1995-11-28 Planning Comm Minutes199TM,
The regular meeting of the Mendota Heights Planning Commission was held on
Tuesday, November 28, 1995, in the City Hall Council Chambers, 1101 Victoria
Curve. The meeting was called to order at 7:35 o'clock P.M. The following
members were present: Dwyer, Koll, Friel, Betlej, Lorberbaum, Duggan and Tilsen.
Also present were Public Works Director Jim Danielson, Planning Consultant John
Uban and Senior Secretary Kim Blaeser.
Commissioner Tilsen moved approval of the October 24, 1995 minutes with
corrections.
Commissioner Lorberbaum seconded the motion.
AYES: 5
NAYS: 0
ABSTAIN: 2, FRIEL, DUGGAN
CASE NO. 95-30:
MENDOTA HOMES -
PRE -APPLICATION CONFERENCE
DEVELOPMENT OF FIVE TWIN HOMES
IN THE TUMINELLY ADDITION UNDER A
PLANNED UNIT DEVELOPMENT
Chair Dwyer explained that Mr. Mathern was before the Planning
Commission in August with his original application for a Comprehensive Plan
Amendment, Rezoning and Subdivision. Dwyer stated that this application
was declared incomplete by the Planning Commission and the public hearing
was closed which concluded the application. Dwyer explained that Mr.
Mathern has submitted a new application under which he proposes to
develop the Carmen Turninelly Addition (located at the northeast quadrant of
Highways 110 and 35E) as five twin homes under a Planned Unit
Development approach.
Dwyer explained that Mr. Mathern's application is to proceed forward under
the guidelines of Sections 22.4 and 22.5 which control Preapplication
Conferences and the submittal of a Concept Plan. Dwyer stated that a
preapplication conference requires a submittal of a Concept Plan. He
explained that a public hearing is not required for the submission of a
Concept Plan. However, he stated, City staff has mailed public notices
regarding this conference because of the promise to the Crown Point
neighborhood that they would be kept informed of each step of Mendota
Homes" process in developing the Turninelly Addition.
Mr. Mathern explained that he has been designing a plan that will work on
this property for quite some time. Mathern stated there are limitations with
the site due to the proximity of the highways and terrain constraints. He
stated that the site is not well suited for single family development.
Mathern explained the concept plan and site pad locations, open space
areas and driveway locations.
Mathern explained that the driveway 'locations were designed to preserve
the evergreen trees near the front of the development. He informed the
Commission that he intends to preserve most of the trees.
Mathern stated that he is proposing to construct the five twin homes under
the planned unit development process Which would allow most of the open
space to be controlled under strict association guidelines.
Chair Dwyer inquired about the design of the homes. Mr. Mathern
responded that the main floor will be approximately 2,000 square feet with
a large double attached garage. The price range is anticipated to be
between $250,000 and $350,000.
Commissioner Duggan inquired about the difference between this pre -
application conference meeting and the past request for preliminary
approval. Mr. Mathern stated that he is looking for ideas and suggestions
from the Commission and City Council. He explained that he is only
inquiring if the planned unit development concept is an appropriate process
to develop this properity with five twin homes.
Commissioner Duggan stated that ten acres or more of land is required to
process a planned unit development. He stated that Mr. Mathern's request
consists of only 3.38 acres. He stated that the City will need to grant a
variance. Duggan noted his concern for setting precedence in allowing a
PUD that does not meet minimum acreage requirements. Duggan stated he
is very disappointed that Mr. Mathern has not presented a concept plan
different from the last application process. Duggan also inquired why it is
assumed that townhouse owners seem to be less bothered by freeway noise
than single family homeowners. Duggan stated that 95 percent to 100
percent of the Crown Point neighborhood is against the development of
townhomes.
Duggan stated he had walked the site with Mr. Tuminelly and that he
informed Mr. Turninelly that units could be constructed on this property
similar to that of the Ivy townhomes. He stated that Mr. Mathern's
proposal is not consistent with neighboring developments.
Commissioner Duggan was excused from the meeting at 7:50 o'clock P.M.
Commissioner Tilsen stated he too is concerned with spot zoning. He
stated that the process of a PUD development is to create open space, "Park
like" atmosphere. He stated that by clustering one building on this property
would create a large, open space area and that Mr. Mathern could achieve
this by using the PUD concept.
Commissioner (Coll noted her concerns for aesthetics. She stated that
recent townhouse developments within the City are not aesthetically
pleasing in their exterior design. She inquired how the proposed association
will be different than other townhouse associations established within the
City. Mr. Mathern responded that other established townhouse
developments have more land controlled by individual property owners.
In response to a question from Commissioner Lorberbaum, Mr. Mathern
stated there will be two general categories of townhouses, one and two
level townhouses. Commissioner Lorberbaum inquired about the pad
distances and that the ordinance specifically regulates distances. between
homes and garages. Planner Uban'stated that using the PUD process, the
distances can vary. He stated that the normal side yard distance is fifteen
feet. He stated the driveway location dictates building angles.
Commissioner Lorberbaum pointed out that Lots 1 and 2 building pad
corners seem very close in proximity.
Commissioner Lorberbaum stated that Mr. Mathern seems too optimistic in
saving the trees on the site. She stated that construction of the driveway
may cause damage to tree roots. She noted her concerns for spot zoning.
She inquired with Mr. Mathern as to what proof Mr. Turninelly has that the
lots cannot be sold as single family lots especially if the prices of the lots
are lowered. Mr. Mathern responded that he feels this site is best suited for
townhouses and that there is a mature base of clientele who support this
idea. He stated that he does not see this concept as a detriment to the
neighborhood since he is proposing to construct the units close together
and maintain strict control of the perimeter through the use of a strong
association. Mr. Mathern inquired about what the Planning Commission
would like to see constructed* on this site.
Chair Dwyer stated that the City needs to decided whether granting of a
variance to the PUD ten acre requirement is justified. He stated that
conceptually he agrees with Mr. Mathern that this type of development will
not impact the surrounding area. He noted his concern for the driveway
design and inquired if Mr. Mathern intends to adjust the driveway design, as
per Planner Uban's suggestion, by creating an interior loop design. Dwyer
stated that this is a difficult property to develop and he noted his concerns
regarding spot zoning.
Commissioner Betlej inquired if there are any other ideas for developing the
property. Mr. Mathern stated the terrain of land, as it slopes away from the
freeway, is ideally situated for multi family development. He explained that
Lots 1, 2 and 3 front and back yards are exposed to the freeway. Mr.
Mathern stated that if the PUD process is unacceptable, then would
rezoning to an R-2 designation be a better scenario. Commissioner Betlej
stated that with the PUD process, a variance would be required. He further
commented on how the noise from the freeway is a problem and that the
size of the lots dictates the design of a home. Mr. Mathern stated that with
the PUD process, the City has more control with the design and variation of
the lots.
Commissioner Betlej stated that the issue of whether or not the lots can still
be sold as single family lots should be resolved. Betlej noted his concern for
approving a concept plan and then finding out at a later date that the house
pad locations have been changed. Mr. Mathern stated the house pad
locations would not be changed.' Betlej inquired if the townhouse design
will be similar to that in Lilydale (Mr. Mathern's development known as
Lilywood). Mr. Mathern responded yes. He also stated that he is unclear as
to the type of exterior materials that will be used in this particular
development.
Commissioner Betlej noted his concern for leaving a development half
complete. He stated that he would like to see -plans that are more specific
which indicate that the development, will be completed. He stated he would
like information regarding exterior building materials. Betlej inquired about
hardship. Mr. Mathern indicated that the site and location of the land is
considered a hardship. He stated that the highway location limits the usage
of the property. He stated that the property cannot be used for single
family homes. Commissioner Lorberbaurn inquired why the land cannot be
developed as a single family development.
Chair Dwyer stated that Mr. Tuminelly has originally platted the
development for single family lots. Commissioner Lorberbaum inquired if
Mr. Tuminelly has considered lowering the prices of the lots.
Mr. Mathern stated that past City history indicates that townhouse
developments have been used as a buffer between single family
developments and highways. Chair Dwyer inquired about the market for
townhouse developments in the City.
Commissioner Friel noted his objections to assuming that townhouse owners
do not object to highway noise. He further inquired why Mr. Mathern feels
the comprehensive plan is outdated. He stated that the highway system
was contemplated years ago and that no significant changes have occurred
since then. Mr. Mathern responded that there is a market demand for multi
family developments and that the general acceptance of townhomes have
changed since the comprehensive plan was developed. He stated that
people want to stay in this community. Commissioner Friel stated he sees
numerous single family developments along the highway system.
In response to a question from the Commission, Planner Uban explained that
there are two small parcels directly north of the Turninelly plat that have no
access and that this could be added to the Tuminelly plat to include as open
space. Uban explained that these parcels are undersized and have steep
slopes. He stated that these could be assembled for density purposes.
Commissioner Betlej inquired about the frontage road width. Public Works
Director Danielson stated the frontage road is undersized.
Commissioner Friel inquired if the driveways will, be private. Mr. Mathern
.
responded yes. Friel stated that this development does not meet the
density requirements for a PUD. He inquired if there will be private sewer
and water, as indicated on the engineering plans. Mr. Mathern responded
the development will have public utilities.
Commissioner Friel stated that Mr. Mathern is asking for a liberal decision
from the City to grant a variance to the PUD. He stated that no hardship
has been indicated. Mr. Mathern' stated that he does not know if there is a
more reasonable use for this property. He inquired if an R-2 zoning
designation is appropriate. Commissioner Friel stated that Mr. Mathern
would need to demonstrate a change in circumstances that would give the
Council credence to rezone the property from R-1 to R-2. Chair Dwyer
stated that changes occurred with the construction of the Crown Point
neighborhood. Planner Uban concurred and stated that the Crown Point
area developed as an isolated development.. He stated that a number of
circumstances have changed since the comprehensive plan was amended.
Commissioner Friel stated that neighborhoods rely on the City to enforce its
comprehensive plan. Commissioner Tilsen stated that the comprehensive
plan was reviewed fifteen years ago.' He stated that he does not agree that
everything has not changed. He inquired about what changes have
occurred to make a zoning amendment viable. He stated that thirty years
ago the Ivy townhouses were constructed using a PUD approach and that
this development created a nice, wide open space. He suggested that Mr.
Mathern should pursue a development concept similar to that of the Ivy
townhouse development.
Chair Dwyer opened the meeting to the public.
A resident in the Crown Point neighborhood stated that the lot is one story
lower than Mr. Tuminelly's property. She noted her concerns for aesthetics
and that she wants the character of her neighborhood preserved. She noted
her confusion as to the process of this application. She stated that it would
not be obsolete to build single family homes in this development. She
stated that the lot prices are too high. She stated that this is a nice site and
the she does not feel that noise is a problem. She noted traffic safety
concerns and stated she is dismayed that Mr. Mathern has not put an effort
forward in suggesting ideas to help control traffic increases.
In response to a question from the Commission, Mr. Rick Marshall, real
estate agent, informed the Commission that the Mr. Tuminelly's lots are
priced at $62,000, $76,000 and $82,000.
Ms. Shawn O'Gara, Crown Point resident, stated that this is her sixth time
she has been in attendance to discuss what will happen to this property.
She stated that the developer seems to be motivated by greed. She stated
that the lots seem to be obsolete because the prices are too high. She
stated that homes could be built similar to that of the Crown Point
neighborhood. She stated that this process is becoming frustrating
especially because nothing new has been presented.
Chair Dwyer stated that the required size for a PUD is ten acres with the
ability to reduce the size to five acres upon a project meeting five standards.
He stated that this site could meet the five standards but is only 3.38 acres
in size. He stated that no hardship has been presented and that the
Planning Commission cannot support granting a variance. He further stated
that the neighborhood is strongly opposed to multi family development on
this parcel.
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The Planning Commission was of the consensus to cancel its December
planning as several Commissioners will be unable to attend due to the
holiday season.
There being no further business, the Planning Commission moved to adjourn
its meeting at 9:15 o'clock P.M.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary