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1994-08-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION AUGUST 23, 1994 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 23, 1994, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Koll, Friel, Betlej, Duggan and Tilsen. Chair Dwyer was excused. Commissioner Hunter had informed the Commission he would be late. Also present were Public Works Director Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Koll moved to approve the July 26, 1994 minutes with correction. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 CASE NO. 94-24: KERN - WETLANDS PERMIT AND VARIANCE Mr. Kerry Kern, potential owner of a lot in the 500 block of Marie Avenue, was present to discuss his request to construct a single family home within 100' from the wetlands along with a front yard variance. Mr. Kern stated that there will be minimal disturbance to the wetlands and that he desires to fill approximately 20 feet to 30 feet beyond the house. Vice Chair Duggan stated there is some interesting history regarding this property. He stated there is a large number of boxelder trees in the center of the site. He further identified the fill area on the site plan. Mr. Kern stated he desires to fill approximately 30 feet of the wetlands. Duggan stated he is concern with the amount of wetlands which will be filled and he explained there is a required replacement ratio of wetlands. In response to an inquiry from Vice Chair Duggan, Public Works Director Danielson explained that Mr. Russell Wahl owns this piece of property. He explained that the original wetlands permit was granted to Mr. Wahl for the purpose of filling of the wetlands in a more extensive fashion than what is being Planning Commission August 23, 1994 Page 2 proposed with this application. He stated that the original application was to fill approximately 5,000 square feet of wetland. Danielson explained in 1993, Mr. Steve Kernick, an urban conservationist for Dakota County Soil and Water Conservation District, performed a wetland delineation for Mr. Wahl on the property. He explained that Mr. Kernick has identified the wetlands with flags. Mr. Kern clarified that he wishes to fill 30 feet over the flags. Danielson further explained that, in 1979, Mr. Wahl received permission to fill the wetlands and in 1981, Mr. Wahl was told, by the City, to stop filling on a piece meal basis and complete the project in total at some future date. He stated that today, the wetlands restrictions are much tougher and that there are now state and federal rules that need to be complied with. Planner Uban stated that filling was originally allowed with City approval in the late 1970's. He stated wetlands laws have now changed. Planner Uban stated that since wetland approval had been given before, there is now a possibility that in order to comply with state and federal laws, an exemption for filling activity may be possible. Planner Uban explained that Exemption No. 24, according to the Wetland Conservation Act, allows for the completion of previously approved activity. Planner Uban explained that Exemption No. 25, according to the Wetland Conservation Act, allows for filling activity of up to 400 square feet per year per land owner. With the accumulated effect not to exceed five percent of the wetlands area. He stated that no calculation has been made to see if the proposed fill would fall within this exemption based on activity over several years. He stated that this calculation would have to be done by the owner's consulting engineer. Uban stated that there is an additional possibility in granting a permit and that would be to grant a wetlands permit based on the present city, state and federal guidelines. Uban stated that in any case, the Planning Commission needs to review this case. He stated that additional information would be helpful in this case indicating erosion control, wetland mitigation plan and landscape plan for the proposal. He stated that these items would be considered normal conditions to a wetlands permit that included wetland alteration activity. Planning Commission August 23, 1994 Page 3 Commissioner Friel stated that the City was the entity that caused the incremental filling to stop. He stated if the City had not interfered, the filling would have continued. He inquired if the City was justified in stopping the filling. He inquired if the City based its decision on ordinance provisions. Public Works Director Danielson stated that there were nuisance complaints received from area residents. He explained that unsitely piles seem to be the problem. Friel stated that the stoppage was involuntary, motivated by the City and was unjustified by city ordinance. Commissioner Tilsen stated Exemption No. 25 may not apply. He explained that according to this exemption, the project can not be more than 400 square feet and that the exemption is also based on activity over a certain number of years. He stated he finds it difficult to believe that this exemption applies. He further stated that Exemption No. 24, only applies if the project approval has not expired and the project has not stopped. He stated that the project approval has expired as well as work on the project. Vice Chair Duggan stated that the applicant is now asking for a new permit. Tilsen stated that the state statute has to be followed and this does not qualify for exemption. Tilsen further stated that the City's approval process must require a mitigation plan despite extenuating circumstances. Friel stated that the first wetlands permit was granted and that it has not expired, but the requirements have now changed and that an additional set of requirements now need to be met. He stated there is some basis for recommending granting of the wetlands permit but not all information that is required has submitted. Planner Uban stated that a mitigation plan and restoration plan need to be prepared by a wetlands biologist. Duggan stated he would like to see this home aligned with the other homes in the neighborhood. He stated that the neighbor to the west of the property is not thrilled about the requested variance to the front yard setback. Commissioner Friel stated that the variance is being requested to minimize the impact of the wetlands. He further stated that an erosion control plan is also needed. Planner Uban stated that it may be necessary to receive a permit from the Corp of Engineers which is also reviewed by Dakota County Soil and Water Conservation District and Minnesota Board of Water and Soil Resources. Duggan stated that the Commission should be given copies of the original permits and that evidence should be provided proving that work has been done within the last five years. He further stated that staff should provide the Commission Planning Commission August 23, 1994 Page 4 with specific reasons why the City stopped the filling process. He suggested that this item be tabled until further information can be submitted. Commissioner Betlej inquired if Mr. Kern intends to construct a deck. Mr. Kern responded yes. Commissioner Betlej stated that another wetlands permit will be needed to construct the deck and that the deck should be included with this wetlands request. In response to a question from Commissioner Friel, Planner Uban stated that the City needs to find reasons for the exemptions. He stated that the exemptions would then need to be submitted to the Corp of Engineers for their concurrence. He further stated that the required plans are best done by a certified wetlands biologist. Planner Uban stated that the past history should find that this application is sufficient for exemption. He stated the City should look at minimizing the impact on the wetlands. Chair Duggan inquired if the City Attorney should be asked to give an opinion. Commissioner Tilsen cautioned the Commission and applicant that approvals at State level are very difficult. In response to a question from Commissioner Betlej, Planner Uban stated the Corp of Engineers requires a permit for filling of the wetlands and that the State requires 2 for 1 mitigation. At this point, Mr. Kern presented the Planning Commission with a proposed alternate plan indicating 35-40 feet from the home to the wetlands with a 40 foot front yard setback. Planner Uban measured 30 feet from the wetlands (at its closest point). Planner Uban stated that the proposed plan is a significant change. Mr. Kern stated that it will eliminate some fill. Planner Uban stated that a permit for fill will still be necessary. Vice Chair Duggan inquired if any neighborhood objections could impact Mr. Kern's request. Public Works Director Danielson stated signatures of consent have been received. Mr. Kern stated that with the alternate plan, the wetlands fill will be significantly reduced but that he still needs to fill enough backyard to construct a deck. Planning Commission August 23, 1994 Page 5 Commissioner Friel moved to table the requested wetlands permit and variance to allow time for the applicant submit the following information for staff review and commission review: 1. A mitigation plan performed by a certified wetlands biologist. 2. An erosion control plan. 3. A site plan that includes a deck or other future improvements that may be extended towards the wetlands. 4. A landscaping and restoration plan. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 Commissioner Tilsen stated that if fill is limited to outside of the wetlands boundary, then only a City permit will be necessary. CASE NO. 94-22: LENTSCH (OLSEN) - WETLANDS PERMIT Mr. David Olsen, owner of Lot 6, Block 1, Mendota Woods, was present to discuss a request to construct a single family home within the 100 foot required setback from the designated wetlands. Planner Uban informed the Commission that this lot is one of the most densely wooded lot in the City. Mr. Olsen stated that he proposes to construct the home to within 51.5 feet of the wetland. Vice Chair Duggan stated the home appears to be quite sizable and there are many magnificent, mature oak trees which will be lost. He stated that some oak trees should be saved. He further stated there is a tremendous slope in grade and he inquired how Mr. Olsen will guarantee the protection of the wetlands during construction. Mr. Olsen responded that he will be constructing a walkout home and that the slope between the home and the wetlands will not be touched. He further stated that retaining walls will be constructed to help protect the slope. He stated that ten oak trees will be removed and three of those are already dead. He stated 17 oak trees will remain. Planning Commission August 23, 1994 Page 6 Commissioner Koll stated her concern for tree loss. She inquired if Mr. Olsen could possibly redesign the home to help save the trees near the walkout portion of the house. Mr. Olsen responded that he does not want to change the house design and that he bought the lot with the intentions of constructing a rambler. Planner Uban stated that this is a difficult lot to develop. Planner Uban stated that Mr. Lentsch will be requesting an easement for Lot 7 to allow storage of snow on Lot 6. He inquired if Mr. Olsen was aware of this request. Mr. Olsen responded no. Commissioner Friel inquired if the house could be moved further north. Planner Uban responded that if the house is moved further to the north, the wetlands will be impacted. He further stated that if the house is moved to the south, then it will be closer to the highway. Planner Uban suggested that trees can be saved if the backyard is reduced. Mr. Olsen stated that the backyard is more than 100 feet from the wetlands. He stated that he would try and save the trees in the rear. Commissioner Friel stated that the current grading plan indicates that several more trees will be removed. Planner Uban stated that a revised grading plan should be submitted indicating what trees will now remain. Mr. Olsen stated he is concerned with saving trees and that he was also told to install fences around the drip lines. Commissioner Friel suggested that Mr. Olsen consult with Planner Uban about revised grading plans. Mr. Olsen stated he would revise the grading plan. Commissioner Betlej stated the drainage from Lot 6 will go to Lot 7 in a northeast direction. He noted his concern for driveway (ice) blockage. He further stated that if a patio is constructed, another wetlands permit will be required. He suggested that Mr. Olsen consider including the patio with the current request for a wetlands permit. In response to a question from Commissioner Tilsen, Public Works Director Danielson explained that when Mendota Woods was platted, each lot was required to have a private driveway. Commissioner Tilsen stated that the proposed house is not customized for the lot. Commissioner Friel moved to table this request until after discussion with Mr. Bill Lentsch regarding Case No. 94-16. (Please see below). Commissioner Koll seconded the motion. ) Planning Commission August 23, 1994 Page 7 AYES: 5 NAYS: 0 HEARING: CASE NO. 94-16: LENTSCH - VARIANCE AND WETLANDS PERMIT Mr, Bill Lentsch, seller of Lot 7, Block 1, Mendota Woods, was present to discuss his request for a variance and wetlands permit. Vice Chair Duggan stated that this is a difficult lot to develop. Mr. Lentsch explained that he had submitted a revised plan which indicates an increase in the width of the driveway to 15 feet and that the slope of the driveway decreased from 16 percent to 10 percent. He stated that the driveway widens as it gets closer to the house. He further stated a little fill will be needed and that a retaining wall will need to be constructed to accomplish the 10 percent sloped driveway. Public Works Director Danielson stated that a 10 percent slope is steep. He stated, as proposed, it will run right up to the house. He stated there should be a flatter area for approximately 20 feet in front of the garage to provide a relatively flat parking area near the home. Commissioner Tilsen stated he does not like the proposed plan. He stated that the plan presented is not a creative way to solve the problem. He stated that the width of the driveway has improved and that he would like to see the grade reduced with less fill needed. He further suggested that a hammerhead extension be constructed to gain length and decrease the grade. He stated that the driveway should enter on the east side of the home which would result in a longer driveway with less grade. He concurred with Public Works Director Danielson that a flatter area is needed in front of the garage. Commissioner Betlej inquired if the snow storage would have to go to Lot 6. Mr. Lentsch responded no. Betlej inquired if the concentration of salt would affect the wetlands. Lentsch stated that the Commission was concerned with the width of the driveway and that it now has been increased to 15 feet. He further stated that the snow could be moved to the east of the property. Planner Uban stated that salt, no matter where the snow is placed, will eventually end up in the wetlands. He stated that salt concentration could cause die back but that he does not feel it will be a significant problem. He stated that snow storage should be stored safely in a pre-designed area. Planning Commission August 23, 1994 Page 8 Commissioner Betlej inquired if there is adequate room to construct retaining walls without machinery in the wetlands. Mr. Lentsch responded yes. Vice Chair Duggan responded that Mr. Lentsch should respond in writing. Public Works Director Danielson stated that usually the walls are constructed by hand with small machinery. He stated that a silt fence must be maintained. Public Works Director Danielson stated that homes within Mendota Woods have not been customized to better fit the lots. He stated the driveway grade could be improved and that the house could be redesigned or modified to better fit the lot. He stated that the longer the driveway, the more chance to pick up the grades. Commissioner Tilsen stated there are a lot of other design solutions to alleviate some concerns. He stated that the grade should be matched as much as possible to minimize the fill. Mr. Lentsch stated the location of the house is where the existing driveway is located. He stated he wants to minimize the impact on trees in that spot and that the costs of the driveway are significant. Planner Uban stated that tree consideration is important. He suggested that the garage could be oriented to the west side where the grade is flatter. Commissioner Friel inquired how much of an easement is needed for snow and slope. Danielson responded that a five foot easement is standard. Vice Chair Duggan inquired with the construction of the driveway, will it impede the flow of water from Lot 6. Planner Uban responded that the water would roll down the driveway using a culvert to get to the other side. Duggan inquired if a guard rail is needed. Planner Uban suggested that posts could be used to help prevent sliding. Commissioner Friel inquired if Mr. Lentsch would be willing to cooperate with staff in preparing a revised plan. Mr. Lentsch responded that he would like to complete the work tonight and that he would agree to moving the driveway and installing guard rails and posts. Mr. Lentsch stated that the home will not have an interior sprinkler system. Public Works Danielson stated that a 10 percent grade could be worked with but would like to see a flatten area provided at the garage entrance. Vice Chair Duggan opened the meeting to the public. Planning Commission August 23, 1994 Page 9 There was no one present to discuss this request. Commissioner Tilsen inquired what trees will be impacted along the lot line. He stated his concerns for the trees along the lot line and drainage. Commissioner Friel moved to continue the public hearing to September 27, 1994 to allow the applicant time to redesign the driveway in order to soften the steep grades. Commissioner Friel further director Mr. Lentsch to address items 1 through 8 in the August 12, 1994 Staff Report, either in narrative form or on the revised plans (see below): 1. Vehicular guardrail or post construction in the vicinity of the retaining wall. 2. Driveway landing area outside the garage. 3. Vehicular turn around bay outside the garage. 4. Quantification of vegetation loss. 5. Snow storage easement on Lot 6. 6. Acquisition of a slop easement on Lot 6. 7. Dedication of a drainage and utility easement across Lot 7, with a culvert under the driveway depending on actual grades. 8. Landscape plan preparation. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 CONTINUED DISCUSSION CASE NO. 94-22: LENTSCH (OLSEN) VARIANCE AND WETLANDS PERMIT Commissioner Friel suggested that this case be continued until September 27 to allow time for joint issues regarding Lot 6 and Lot 7, Block 1, Mendota Woods are worked out. Mr. Olsen stated that Mr. Lentsch's proposed driveway on Lot 7 does not affect his request for a wetlands permit on Lot 6. Commissioner Friel stated that Mr. Lentsch is requesting that an easement be granted and that that will affect Mr. Olsen. Mr. Olsen stated he does not want to grant an easement and that he too wants to save those trees along the lot line. He stated that his house is 35 feet from the property line. He stated there is a large oak tree located near the property line and that he wants to save it. He further stated that he does not intend on excavating in this area. He further stated that he wants the driveway on Lot 7 located away from his proposed house. Planning Commission August 23, 1994 Page 10 Commissioner Tilsen inquired when Mr. Olsen plans to begin construction. Mr. Olsen responded that he has estimates and bids and would like to begin construction prior to snowfall. Commissioner Tilsen moved to table this request until September 27, 1994 to all the applicant time to consider changes to his backyard grading plan in order to save a number of large and mature oak trees and to further provide: 1. A grading plan which trees are going to be saved as well as which trees are proposed to be removed. 2. A site plan which includes future deck or patio plans that may require a wetlands permit in the future. 3. A sketch plan indicating elevations that show a side view of the proposed house. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 CONTINUED HEARING: CASE NO. 94-17: LENTSCH - REZONING Vice Chair Duggan explained that Mr. Lentsch had been present at the July Planning Commission meeting with an application to rezone Outlot B of Mendota Woods from HR-PUD to R-1. He explained that Mr. Lentsch desires to develop this outlot for a single family home. Duggan stated that at that meeting, the Commission felt that Brookfield Lane was a more appropriate avenue for access than that proposed by Mr. Lentsch, which was to come in from Arbor Court across Lot 7. He explained that the Planning Commission recommended that the City Council consider the acquisition/condemnation of Brookfield Lane so that Outlot B could be served. Mr. Lentsch stated he has not submitted a landscape drawing as he unsure at this point in time where the house will be placed. In response to a question from Vice Chair Duggan, Mr. Lentsch stated that he met with the Home Owner's Association and that he has come to a tentative agreement for driveway and watermain easements. He stated that the townhouse association has scheduled a vote by all their members on the access in late August. Commissioner Tilsen inquired if there will be a recorded easement on the existing titles. Mr. Lentsch responded yes. Planning Commission August 23, 1994 Page 11 Commissioner Friel stated that the access problem is not that relevant to the rezoning request and that City Council has indicated that they will condemn the property if an easement is not granted. Commissioner Hunter arrived at 9:30 o'clock P.M. Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Friel moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel moved to recommend that City Council rezone Outlot B, of Mendota Woods from HR-PUD to R-1. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: HUNTER (Commissioner Hunter was not present during this discussion) HEARING: CASE NO. 94-23: METRO II - VARIANCES Ms. Joanne Chabot, Executive Director for Metro II, located at 1300 Mendota Heights Road, was present to discuss requests for two parking variances. They are: 1. A four stall variance to the required number of parking spaces, and 2. A parking stall size variance to allow a parking stall of 8'6". Ms. Chabot stated that at the time of purchase she was not aware that all of the parking lot was included on the Metro II property. She explained that she has spent a number of months analyzing this problem. She stated that Metro II is a small organization and that it provides supplemental services/training to teachers. She explained that as of September 1, Metro II will employee 30 people. She explained that ISD No. 197, a tenant, will have 6 employees. She stated that there are 3 computer labs which hold 12 people. She Planning Commission August 23, 1994 Page 12 explained that if all three computer labs are full, there will be 36 visitors on site. She explained that there could be a total of 72 personnel on site at one time plus visitors to the school district office. She stated that Metro II does not need 120 parking spaces. Ms. Chabot stated that a test was conducted for two weeks recently. She explained that there were 40 drivers during a two week time period and that there were 20 vacant parking spots during this time. She further stated there are 12 underground parking spaces which are always used. Chabot explained that the plan requires minimal reconstruction. Chabot stated that calculations of building usage square footage were submitted, as done by the original architects in 1985. She stated that Metro II has not added to the office floor space and that the School District plan has large hallways and that additional bathrooms have diminished used space. In response to a question from Vice Chair Duggan, Ms. Chabot explained that the School District will be using lawn the space east of the building for their Extended Day program. She stated that the State requires a 2,000 square foot outdoor play area which will be located on the east side of the building towards the Northland Insurance building. Vice Chair Duggan demonstrated the plan to the audience. Duggan inquired about safety precautions. Ms. Chabot responded that the play area will be fenced, as per the State's requirements. Ms. Chabot presented the Commission with a proof-of-parking plan located north of the 40' by 60' play area. Ms. Chabot explained that there will be large motor play equipment installed. Commissioner Koll stated that the total square footage of the building is 42,000 square feet and that 24,000 square feet is usable space. She inquired what the remaining balance of square foot will be used for. Ms. Chabot responded that not even all the 24,000 square feet is being used. She explained that the previous occupant was a telephone company and that the building has a large amount of equipment storage/computer storage space. She explained that this accounts for the balance of square footage. Ms. Chabot stated that the amount of space left is not suitable for offices. Planning Commission August 23, 1994 Page 13 In response to a question from Commissioner Koll, Planner Uban stated that Metro II can be allowed to have less parking spaces if the plan shows where future parking can be placed if needed. Ms. Chabot stated that there is enough parking for their needs. Commissioner Friel stated that 24,000 square feet of 42,000 square feet of usable space is a small percentage. Planner Uban stated that typically a building is at 80 percent efficiency. He stated it is unusual to have such a low percentage of usable space. He stated that without detailed plans and a tour, it is hard to confirm the actual amount of space being utilized. Friel stated that the 24,000 square feet is the 1985 calculation and not the present use square footage. Ms. Chabot stated that the uses are not different because Metro II needs the computer room. She stated that this building was perfect for their use. Commissioner Friel continued to note his concern with adequacy of parking. He further stated that he does not agree with reducing the size of parking stalls. He stated more people are purchasing vans and trucks and that he is concerned with smaller parking stalls not allowing enough room to move in and out. Planner Uban stated that the general "fleet" mix is getting smaller although utility vehicles are growing. He stated that smaller stalls are adequate and that the length of a car is accommodated. He stated several communities are looking at efficiencies, such as size of parking stalls, to help produce less asphalt. He stated that high turnover areas need 9 foot stalls and that the visitor area at Metro II is a 9 foot stall. Ms. Chabot stated that the arrival times of parents are staggered. She stated that school buses will drop off children and that parents will pick their children up usually between 4:30 P.M. and 6:00 P.M. Commissioner Betlej noted his concerns for future use of the building and the adequacy of parking. He inquired if staff has reviewed the original plans submitted in 1985. Commissioner Tilsen inquired if the smaller parking stalls could be marked "Compact Only". He stated that 6 parking stalls would be lost if there are 9 foot stalls. He stated that some spaces could be given back with compact parking designation. Vice Chair Duggan inquired if there is additional room for parking spaces in the underground area. Ms. Chabot responded no. Commissioner Hunter stated that he sees this request as a good utilization of space. He stated that an 8'6" parking stall handles all parking adequately. Planning Commission August 23, 1994 Page 14 Vice Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Koll moved to close the public hearing. Commissioner Hunter seconded the motion. AYES: 6 NAYS: 0 Commissioner Koll moved to recommend that the City Council approve a proof-of-parking variance for four stalls and a parking stall size variance to allow 8'6" stalls. Commissioner Hunter seconded the motion. Commissioner Friel offered a friendly amendment by stating that approval is subject to investigation by City staff to confirm the amount of usable office area. Commissioners Koll and Hunter accepted the friendly amendment. AYES: 6 NAYS: 0 Vice Chair Duggan called a recess at 10:09 o'clock P.M. Vice Chair Duggan reconvened the meeting at 10:15 o'clock P.M. HEARING: CASE NO. 94-24: MENDOTA HOMES - REZONING AND CUP FOR PUD Mr. John Mathern, of Mendota Homes, was present to discuss his request for Conditional Use Permit for Planned Unit Development and Rezoning to MR-PUD which would allow the construction of 36 townhomes and a day care facility. Vice Chair Duggan briefly explained that Mr. Mathern was before the Planning Commission in June and before the City Council in July for the PUD pre-application conference. He stated that at these meetings, a number of concerns were expressed and the Council requested that Mr. Mathern address them during formal application proceedings. The items of concern are as follows: Planning Commission August 23, 1994 Page 15 1. Market study and background information for the daycare. 2. The proximity of the daycare entrance to Dodd Road and the proximity of the loop street to the Dodd Road intersection. 3. Phasing and timing of construction 4. Landscaping - Specifically berming along the highway ramp. 5. Traffic patterns. 6. Financial disclosure. 7. Tree delineation. 8. Impervious surface calculation. Duggan stated that information regarding financing, traffic reports, tree delineation and noise attenuation (highway noise) was not adequately submitted. He further stated he would like clarification on the total land size. He stated that more information is needed regarding the daycare (i.e. type of daycare and ownership). Mr. Mathern introduced Mr. Bob Fors of Childtime Daycare. Mr. Mathern explained that the site consists of ten acres and that he is proposing to construct 36 townhomes with no more than two units per building. He explained that he has tried to create a residential setting and that he did not want to create residential massing of buildings. He stated the development includes the daycare facility. Mathern stated that the project will include city streets, sidewalks and street lights. He stated the City will construct the improvements. He stated the grading and landscaping will be completed by a private contractor. Mathern stated a homeowners association will be established. Mr. Mathern stated that the proposed impervious surface is 4 percent more than stated in the ordnance. He further stated there is a 6 percent increase in lot density. Mathern explained that the townhomes will be one level which will reduce the number of building masses. He explained that the rambler townhouse will consist of 2 bedrooms, 1 den, 4 season porch and a 2 car garage. Mr. Mathern explained that he is asking for a twenty foot setback as opposed to the thirty foot setback for the driveways to accommodate City streets. He stated that this will also allow for a sidewalk on one side of the street and provide a thirty foot setback for private backyards. Planning Commission August 23, 1994 Page 16 Mathern explained that the proposed target market is for empty nest buyers who want one level sites with windows and ventilation on three sides with a two unit plan. Mr. Mathern stated that Planner Uban has suggested berming along Mendota Heights Road and along 494. In response to a question from Vice Chair Duggan, Mr. Mathern stated the site has unique characteristics. He explained that the westerly portion of the lot has numerous trees and the middle portion slopes to a low area on the east end. He stated there will be a drainage pond in the northeast corner. Duggan inquired about the maximum elevation of the daycare. He stated that the grade drops from 916 feet to 890 feet from the west to east. He further stated that with the construction of the daycare, a number of trees will be removed. Mr. Mathern stated that Mendota Homes is purchasing the property from Richard Putnam and that a small parcel is owned by a third party. He stated that the small parcel is result the result of excess right-of-way from the State. Mr. Mathern stated that without the excess property, the site is ten acres. He stated that the right-of-way was not a part of the calculations of impervious surface and density. Mathern explained that the lowest point of the property is at the southeast portion. He stated that the property is heavily wooded on the east side. Mr. Mathern submitted revised site plans which indicate that the townhouses have been shifted to save the trees along the east side of the property. Duggan stated that the marketing plan submitted by Burnet Realty is outdated. Mr. Mathern stated with the shift of the trees, the detached unit garage is on the west side instead of east. In response to a question from Vice Chair Duggan, Mr. Mathern stated that the wire fence is not on the property line but near it. He stated there is a slight berm along the highway. He explained that the townhouses located on the southeast portion of the property will have basements to encourage better use of the grades. He further stated that the units backing up to the pond, may be two story with daylight windows. Mr. Mathern explained that the townhouses in the middle of the development will be screened by berming and trees. He further stated that Planner Uban's suggestion in varying tree size is excellent. Vice Chair Duggan stated the landscaping report is inadequate. Planning Commission August 23, 1994 Page 17 Mr. Mathern discussed the number and types of trees which he is proposing to add. He stated there is enough fill on the site for a 3 foot to 4 foot berm on Mendota Heights Road. He stated there will some changes in berm elevation instead of uniform berms. He further stated that he does not see the need to berm along the freeway ramps. He stated that there will be trees and shrubs installed around the individual townhouses. Mr. Mathern reviewed plans indicating elevations of the one level townhouses. He stated that the townhouses will be individually customized including window and door placements. He stated there will be brick columns around the door and garage pillars and lap siding. He stated the proposed color of the townhomes is taupe. He stated there will be variations in the front elevations. He stated he intends to unite the project with materials and shape with some individual customization. Mathern stated that this proposal has a fairly large footprint and that this type of floor plan is market driven. Vice Chair Duggan inquired about the Statement of Property Financing. Mr. Mathern stated he would provide this information. Commissioner Betlej cited Section 22.31(c) regarding the requirement of submitting the Statement of Property Financing. Mr. Mathern stated that he intends to purchase the property once the project is approved. Vice Chair Duggan stated that the City needs to be assured that Mendota Homes is able to sustain this large of a project. Commissioner Friel noted that financial statements should be made available and that if the money is being borrowed, information regarding how it is being done is necessary. Mr. Mathern stated he would provide this information. Duggan inquired what is the anticipated increase for traffic with the construction of a 36 townhouse project. Mr. Mathern stated he has not conducted a traffic study and that he does not believe it will make a significant impact. He stated that he understood the concern, regarding traffic, was related to the daycare proximity to the Mendota Heights Road. Planner Uban stated that the density proposed is similar to that of a single family home development. Planner Uban stated there will be two entrances into this development and that that is similar to a single family development. In response to a question regarding traffic generated by the daycare, Mr. Fors explained that the proposed building is 7,000 square feet. He stated there are 127 Childtime Daycare Centers across the country and that this will be the first Planning Commission August 23, 1994 Page 18 Childtime Daycare in Minnesota. He explained that there will be approximately 15 to 20 centers in the state. He explained that Childtime Daycare is fiscally sound and that the corporation has been in business for 20 years. He stated that the Gerber Children Centers were previous owners. He explained that all of the centers (no franchises) are operated out of Farmington Hills, Michigan. He explained that children from 6 weeks to school age can attend and will participate in active learning activities. He stated the center will provide meals. In response to a question from Vice Chair Duggan, Mr. Fors stated the anticipated opening will be in one year with the hours from 6:00 A.M. to 6:00 P.M. He explained that the number of staff will be the function of the number of children as per state ratios. He stated that approximately 100 to 130 children are anticipated. Duggan inquired about traffic calculations. Mr. Fors stated that the center is closed evenings, weekends and holidays. A brief discussion ensued regarding estimated traffic counts. Commissioner Friel stated that there are engineers who can figure the amounts of trips generated. He stated the City should be provided with this information. Vice Chair Duggan inquired if an Economic Feasibility and Market analysis has been completed for the daycare. He stated that he anticipates that the townhouses will fill up rapidly but he is not so certain that there is a demand for the proposed daycare center. Mr. Fors stated a condensed version of the market analysis was given to the Commission. He further stated there are no large daycare centers in the City to compare with. Mr. Fors stated that they anticipate that parents who already live in the area will be dropping off their children. Therefore, extra trips are not being generated as the using people already live in the area. Commissioner Friel stated there is one competitor off of Dodd Road along with many in home daycares and Visitation Montessori. Mr. Fors stated that Bright Start daycare is not a true competitor because it is not as large as Childtime. He stated that the owner of Bright Start Daycare is not concerned with the proposed Childtime Daycare Center. He stated that he assumes Visitation is at its capacity. Commissioner Tilsen stated that he is concerned with the amount of traffic the daycare will generate. He inquired if the center would consider a deadend turnaround. He noted his concern for cars and children safety. Mr. Fors stated that that is not an option and that the center insists that children not be just dropped off at the curb. He stated that Planning Commission August 23, 1994 Page 19 parents are required to sign their children in at the office. Commissioner Tilsen stated that parking is a public safety issue. Planner Uban stated there is room on the north side to have loop road around the parking. He stated there could be slanted parking stalls. He stated that larger vehicles (buses) need to be accommodated. Vice Chair Duggan stated that the entrance is too close to Dodd Road . He suggested that people using the daycare could enter through Mendota Meadows. Mr. Mathern stated that he is sensitive to the proximity of the entrance off of Dodd Road. He stated that he could move the entrance to the east. He stated that he is opposed to bringing a roadway through the residential area. He stated there have been a number of traffic studies completed. He inquired about the traffic study regarding the proposed Mendota Heights Road/Dodd Road traffic signals. Public Works Director Danielson stated that the traffic lights will be installed in December of 1994. In response to a question from Commissioner Tilsen, Mr. Fors stated that a 4 foot chain link fence will be installed along the property line. Planner Uban stated that a fence in the front yard will require a variance. He stated the highway already has a chain link fence which could be used. Commissioner Tilsen stated that trash containers need to be enclosed. Administrative Assistant Batchelder stated that trash containers need to be inside a structure which can be attached to a building. In response to a question from Commissioner Hunter, Planner Uban stated this is a smaller mass of homes and that the PUD process allows for flexibility. Commissioner Friel stated he disagrees with Planner Uban's interpretation of the PUD ordinance. He stated that variances from the PUD ordinance are not intended, they are only intended in the zoning ordinance. Commissioner Betlej noted his concerns for landscaping, density and the impervious surface calculation. He inquired about street lights. Public Works Danielson briefly reviewed the street light policy. Commissioner Friel stated that adequate information regarding traffic, daycare, egress/ingress location and landscaping has not been submitted. Planning Commission August 23, 1994 Page 20 Commissioner Koll stated that the homes located on Victoria Road, built by Mendota Homes, are not appealing. She stated she would like to see an increase in brick frontage. She further stated she would like to see a street design different than row housing. She noted her concerns for traffic and landscaping. Commissioner Tilsen stated there are some unacceptable grades. He further inquired why Mr. Mathern is resisting berming where it makes the most sense, along the highway. He further stated that additional easements may be necessary for Lots 23 and 24. Tilsen stated that the driveway pitches are unacceptable. He stated that a maximum grade should be established, i.e. 2 percent. He stated he would like to see more berming near the units and that there should be different styles of units in each area of the development. He stated that he does not like Mr. Mathern's reasoning on why there are basements in one area of the development and not in other parts of the development. He reiterated that berming should be constructed along the highway ramps to help minimize the highway noise. Vice Chair Duggan opened the meeting to the public. Mr. Kevin Severson, 2496 Westview Terrace, stated this development is right out his front door. He stated that this is a beautiful area and would like to see it a park. He stated that this area does not need 36 taupe townhomes coupled with a daycare center. He noted his concerns for increased traffic levels which will be generated by this project. He stated that the proposed daycare is a commercial operation and he is significantly opposed. He stated the plan does not meet specific ordinance requirements and that it should be denied. Mr. Severson submitted a petition opposing the plan. Mr. Abdul Islam, Bridgeview Circle, stated he does not want to see this property developed. He stated this project will be directly beyond his backyard. He stated that he is opposed to moving the road further east as it would move the road closer to his home. He inquired if his property line for his rear yard centered on the entrance of the development. He further inquired if they could plant more evergreen trees north of Mendota Heights Road. He stated that the trees located on the east side of the property should remain to help reduce noise levels. Ms. Jana Patrick, 2536 Arbor Court, stated she would rather see single family homes constructed in this area. She stated that Mr. Mathern's plan is better than the Rottlund plan. She stated her concerns for traffic and that she does not want Planning Commission August 23, 1994 Page 21 street lights. She inquired what would happen to the daycare building should the daycare go under. She stated she does not want to see a daycare on this property. She further stated that fences do not stop children. She stated that a daycare as large as the one being proposed, loses its quality with over 100 children on the site. She inquired if the City wants to see kids that close to the highway where there are significant fumes and noise. She noted her concerns for the loss of trees. Ms. Jackie Easton, 809 Westview, inquired if the City would like children that close to the highway. She stated that they will be exposed to significant traffic levels, noise and fumes. She inquired if the City really wants a commercial building at the entrance to the City. She further stated that Dakota County has many standards that the daycare center must abide by. She stated there are enough daycares in the City. Mr. Mike Dumer, 2515 Arbor Court, stated the proposed plan has come a long way from previous plans. He inquired where the pond will be located in relation to the lot line. He noted his concerns for pond size and its location. Mr. Mathern responded that the pond will be designed by an engineer. Public Works Director Danielson explained the NURP requirements. Vice Chair Duggan inquired if this area needs soil analysis. Mr. Dumer inquired what trees would be lost. Mr. Mathern responded that trees will be lost on the east side of the property. He stated many trees will be lost. He stated that he has shifted the development to help preserve some of the trees. He stated that he did not want to develop a mass structure, therefore, the trees will need to be destroyed. Vice Chair Duggan stated that he calculated that 100 trees will be loss and that is unacceptable. Mr. Mathern stated he is not in opposition of saving trees. Commissioner Tilsen stated that some of the trees could be relocated. Mr. Dumer stated the traffic from the daycare will be too great, especially during rush hour. Ms. Barb Ruhlman, 816 Westview Circle, stated her objections to the daycare and the loss of trees. Mr. Kenton River, 782 Pondhaven, stated that the daycare is too large and he noted his concerns for increased traffic. He stated that if the daycare is not successful, the City could have an empty commercial building. Planning Commission August 23, 1994 Page 22 Commissioner Friel inquired if the right-of-way vacation includes much land. Mr. Mathern stated the right-of-way has not been included in the calculations. Commissioner Friel stated the underlying zoning is R-1 and there is plenty of room for single family development. He stated he does not see the need to rezone the property. He stated a planned unit development can be completed with the current zoning classification. He stated that if the property is not rezoned, then the R-1 designation remains. He stated that if the business fails, then the City can go back to uses allowed. He further stated that not all information has been received by the applicant. Commissioner Friel moved to continue the public hearing to September 27, 1994 at 8:30 o'clock P.M. in order to give the applicant time to submit the following information: 1. A detailed traffic analysis for the child care center. 2. A detailed market analysis for the child care center. 3. A detailed financial report that includes specific information about lending institutions and the project's financing. 4. A detailed description of the development schedule and project completion. 5. A revised grading plan that includes revisions to lessen the slope on the driveways. 6. A revised landscaping plan that includes more detail for screening and berming and includes screening on the north side of Mendota Heights Road where the access roads are located. 7. A copy of the homeowner's agreement for the association. 8. Consideration of the location of the proposed street intersections. Commissioner Friel further stated that more detailed information on the day care center including staffing, licensing requirements, numbers of children, traffic flow and parking, tree loss and fencing be submitted. Also, Mr. Mathern should consider revised locations for the access drive. Commissioner Friel requested that information addressing the four percent differential on impervious surface and the six percent differential on lot size be addressed. He suggested that Mr. Mathern consider pursuing the right-of-way vacation along Mendota Heights Road. Vice Chair Duggan seconded the motion. Planning Commission August 23, 1994 Page 23 AYES: 6 NAYS: 0 Due to the lateness, the Planning Commission moved to table discussion regarding ordinance revisions (detached garages and stadium in the R-1 District) and the Carlson Variance denial. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn it meeting at 12:40 o'clock A.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary