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1994-11-22 Planning Comm MinutesCITY OF MENDOTA HEIGHT DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION NOVEMBER 22, 1994 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 22, 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: Betlej, Dwyer, Lorberbaum, Duggan and Tilsen. Commissioner Friel had notified the Commission that he would be late. Commissioner Koll was excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Tilsen moved to approve the October 25, 1994 minutes with corrections. Commissioner Duggan seconded the motion. Commissioner Duggan moved to approve the October 24, 1994 City Council/Planning Commission Workshop minutes. Commissioner Betlej seconded the motion. AYES: 5 NAYS: 0 HEARING: CASE NO. 94-35 - SIGN ART - SIGN VARIANCE Mr. Bob Sherlock, of Sign Art, was present to discuss a request from Barbara Lee's Dental Office located at 780 South Plaza Drive for a sign setback variance. Chair Dwyer explained there are two small signs close to the street curb within the right-of-way of South Plaza Drive. He explained that the request is to replace those two small non- conforming signs with a single six foot by eight foot (6° x 8') monument sign. He stated that the sign is in compliance with the size requirements of the zoning ordinance. He explained that the location of the sign is the reason for the variance request. Commissioner Tilsen stated he had visited the site and found there is a sign on the building. Tilsen stated he felt there is a proliferation of signs along South Plaza Drive. He explained there is a temporary "For Lease" sign on the bank property along with signs for Holly Homes, Bright Start and Planning Commission November 22, 1994 Page 2 the insurance company. He stated that the amount of signs on this road looks clumsy. Tilsen stated he would like to see this sign downsized and he questioned the need for the sign to be lit. He stated he does not want to see the sign lit all night. Commissioner Duggan stated that setting the sign back ten feet (10') makes sense to advertise the business. He stated that he understands why Ms. Lee would like a new sign since there is a new dental office opened in the area. He stated he likes the design of the sign and that he too does not want to see the sign lit all night. He stated he is in favor of allowing a business to be successful. Commissioner Lorberbaum stated that she would like more specific hours of illumination specified. Commissioner Betlej inquired about hardship. Mr. Sherlock responded that Ms. Lee is trying to gain visibility for her dental practice. He explained that first time clients have had a hard time finding the office. He further stated that Ms. Lee is trying to take advantage of the flow of traffic on Dodd Road and that if the sign were setback thirty feet (30'), it would not be visible from Dodd Road. Betlej noted his concern for the amount of signs on South Plaza Drive. He further stated that some of the signs may not be in compliance with the zoning ordinance. Public Works Director Danielson responded that some of the signs have a variance and others are existing, non-conforming signs. Betlej noted his reluctance in approving this request due to the amount of existing signs on the street. Planner Uban pointed out that it is possible that the other businesses in the area may see an up-to-date sign and decide to change their signage. Betlej stated there is a tendency to want larger signs to compete with all the others and that maybe such a large sign is not necessary. Planner Uban stated that the size of the sign requested is in compliance with the zoning ordinance. Commissioner Duggan stated that the placement of the sign is appropriate because it keeps the sign forward of the existing trees. Betlej stated that sign is nice looking and that he would like to see the size reduced, if it encroaches on the setback. Mr. Sherlock stated that Ms. Lee would like to keep the maximum size allowed for the sign. He stated that she is making an investment in signage and that she would like it to Planning Commission November 22, 1994 Page 3 benefit her business. He stated that she wants to gain visibility. He explained that it will be an aluminum sign, and will be internally lit. He explained that the dentist's name and address will be lit and not the entire sign. He stated that this sign is not like the bank sign as it will be more architecturally subdued. Chair Dwyer inquired if the sign will be lit continuously. Mr. Sherlock explained that the sign can be installed with a photo cell and that a timer can be used Chair Dwyer stated that the hardship is in saving the trees which serves the purpose of screening the parking lot. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 Commissioner Tilsen inquired if staff and/or Planner researched the signs along South Plaza Drive for zoning ordinance compliance. Planner Uban responded no. Administrative Assistant Batchelder stated that the bank has received a variance and that Bright Start has a sign under their conditional use permit. In response to a question from Commissioner Duggan, Planner Uban stated the proposed sign is large and that it could be reduced in height. He suggested that the sign may be decreased in height to five feet (5'). Mr. Sherlock responded that that would not be a problem. Commissioner Duggan moved to recommend that the City Council grant a sign setback variance to allow the sign to be placed within ten feet (10') of the right-of-way with the following conditions: 1. That the illumination be turned off 1/2 hour after close of the business. 2. That the sign be reduced in height to no more than five feet (5') with proportionate reduction in width to six and one half or seven feet (6 1/2' or 7'). 3. That a minimal level of illumination intensity be used. 4. That and redevelopment or intensification of the use of the property will require all signage to meet City setbacks. Planning Commission November 22, 1994 Page 4 5. That all existing signage be removed. Mr. Sherlock stated that both sides of the sign will be lit. Commissioner Friel arrived at 8:10 o'clock P.M. Commissioner Tilsen requested that staff/planner research signs along South Plaza Drive for variances and non-conforming signs. He further inquired if additional language should be added to the sign ordinance regarding minimal illumination. He further inquired if there is an appropriate level of candlepower for signs within the B-1 zone. He suggested that staff find examples of light intensity standards from other cities. Chair Dwyer stated that this information could be placed on a future Planning Commission agenda for discussion. Chair Dwyer seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1, FRIEL Commissioner Friel was not present for this discussion HEARING: CASE NO. 94-36: SALMEN - SUBDIVISION AND VARIANCE Mr. Bob Salmen, owner of 1694 Dodd Road, Lot 2, Block 1, T and J Addition, was present to discuss his request for splitting his lot into two lots which would allow him to have a second lot created so that he may build a home on that lot in approximately five to ten years. Both his existing lot and the proposed new lot do not front on a public street, thus requiring a variance. Commissioner Tilsen inquired how many homes should be on a driveway before it has to be a public street. He stated that four homes on a driveway is a lot and he wondered when the City should draw a line. Chair Dwyer stated that the Mazarra request included three homes on a private driveway. Tilsen further stated that Mr. Salmen's request includes a steeper and longer driveway. He further inquired if the lots to the south request access too. Mr. Salmen responded that the properties to the south have their own road. He further stated that emergency vehicle turnaround will be on the interior of the lot versus public turnaround. Chair Dwyer stated that the recent Fairbairn approval was conditioned upon a ten foot (10') easement for possible public road. Planning Commission November 22, 1994 Page 5 Mr. Salmen stated he would do the same. Commissioner Duggan inquired if Mr. Salmen, as per Planner Uban's report, would allow an easement for both lots to help preserve the potential right-of-way for future public use. He further stated •that the easement agreement will have to clarify as to whether it gives the rights for Lot 2 to split crating a new entity for the easement. He further stated that the issue for snow removal needs to be clarified. He further stated the easement should also be changed to create rights for public access and covering the rights of the newly created lot for access across the fifty foot (50') area. Mr. Salmen stated he would abide by the suggestions and clarify the changes within the agreement. Commissioner Duggan noted his concerns for the steepness of the driveway grade and that four houses will be located on one private driveway. He further inquired if a private driveway could accommodate traffic such as cars, garbage trucks and, snow plows. Public Works Director Danielson responded that if the private driveway accommodates an emergency vehicle, such as a fire truck, then it will accommodate other vehicles. Commissioner Lorberbaum inquired if there will be space available for parking should there be a social function. She stated she does not want to see parking on Dodd Road. She further inquired if the home would be placed in line with the existing homes. Mr. Salmen stated that the design of the house on the submitted plans is not his design and that he intends to place his new home in line with the existing house setback. Lorberbaum further inquired about utility easements. Mr. Salmen stated that the easements need to be clarified. Public Works Director Danielson stated that Mr. Salmen will need to provide an easement for vehicle turnaround. He further stated that the property to the east is owned by Mr. Boyle and that Mr. Boyle would also need to grant a ten foot , (10') easement through his property. In response to a question from Commissioner Friel, Public Works Director Danielson stated that Mr. Salmen's property is zoned R-1. Commissioner Friel stated he sees no compelling reason to do anything at this time, and not until the home is proposed. He further stated that the new lot will be large enough to provide building sites for more than one additional home. He further noted his concerns fundamentally with private streets and the long term problems that become municipal responsibilities. ) Chair Dwyer opened the meeting to the public. Planning Commission November 22, 1994 Page 6 Ms. Kathleen Ridder, 1744 Dodd Road, stated she was not aware that the land was zoned R-1. She further stated that this lot could be divided into three lots at 15,000 square feet each with public roads. She noted her concern should these subdivisions keep occurring without some sort of masterplan. She stated there will be a "hodge podge" developments if these subdivisions keep occurring. Chair Dwyer stated that the City had been discussing with residents of the Somerset/Superblock area regarding their plans for development for quite some time. Ms. Ridder stated that there could be three lots on 50,000 square feet of land and that that is not good planning. Ms. Ridder stated that each owner has the right to subdivide but it needs to be in a coordinated fashion. She noted her concerns for future developments. Mr. Saimen stated it is not his intent to subdivide further. Commissioner Friel stated the City has no authority to control private development but that the City can set standards. He stated the City cannot plan this area but only insist that it be developed within its standards. Friel stated that private streets with easements becomes a crossword puzzle for future problems with public access and services. Ms. Ridder stated that a public street would abut her property which would give her a whole new configuration in developing her property. In response to a question from Chair Dwyer, Ms. Ridder stated that her driveway services four homes, with two owners, and that she maintains the driveway. Chair Dwyer stated that he disagrees with Commissioner Friel and that he does not have a problem with private roads. He stated that the City should review these cases as they come in. He stated that Mr. Salmen's request seems to be legitimate and that the City can deal with the grading issue. He stated the Planning Commission should recommend that a variance be granted to the public frontage. Ms. Ridder explained that many years ago, when she was a Planning Commissioner, insurance rates on houses with private driveways was an issue and that is why she has maintained the driveway as a private road. She stated it is very expensive to maintain. She further stated that the hill is a definite hazard. Mr. Salmen stated he appreciates Ms. Ridders concerns and that he is looking to minimize the development. He stated that Ms. Ridder's concerns are self centered. Commissioner Tilsen responded that Ms. Ridder's concerns are for the entire area and that her points are not self centered. Mr. Saimen inquired when the Gesell's built. Planning Commission November 22, 1994 Page 7 Commissioner Tilsen stated there is a lot of area to work with along with future development of public roads. He stated that Mr. Salmen plans not to subdivide in the future. He stated that with his request to subdivide now, it puts the City into a position of not having a lot of choices should a road need to be constructed. He stated that a future cul-de-sac may be needed and that additional easements will be necessary. Mr. Salmen stated he does not see the need for a public street as it will intrude on all of the lots. He stated that the nature of surrounding developments have set precedent for his request. Commissioner Tilsen stated that the City has been consistent on requiring turnarounds and asphalt driveways for subdivision requests with an extended private driveway. Commissioner Friel stated that this request is not at all like other requests. He stated the City does not know what type of development will occur in five to ten years from now. He stated that Mr. Salmen is asking the City to commit to approving his subdivision request based on past precedents. He further stated the City should not commit to granting easements. He stated that the City may have to condemn this private access in the future at a cost to be borne by the community taxpayers. Mr. Salmen inquired when the lots to the south were platted. Ms. Ridder responded many years ago. She further stated that there are no plans to develop this land. Commissioner Duggan stated that he would support Mr. Salmen's request if he were planning to construct his home now instead of five to ten years from now. He stated the Planning Commission has reviewed several applications which have caused a constant encroachment of the open space in the area. He stated the Planning Commission has been put into the position of meeting existing needs of existing homeowners without having any insight to future developments. Commissioner Friel pointed out that the Harris property (Mazarra) was approved with a private street with easements and was never developed. Commissioner .Friel stated that the concern for future development is not the size of lots but whether there will be public access available to future developments. He stated that the City does not want to be stuck with private streets with owners who will not deed over to the City. He stated that condemnation procedures will need to take place at the community's expense. He reiterated that the City is not able to project what will happen with future development in this area. Planning Commission November 22, 1994 Page 8 Chair Dwyer stated that the applicant has agreed to give some easements. Mr. Salmen inquired if this private driveway is being looked at as a public entrance for the Ridder property. Commissioner Friel replied no, but they could divide the existing lots to have access on the north. Mr. Salmen stated that he has plans to do some plantings now and that he has long term plans for his own property and that his plans should not be held up because of future plans by other property owners in the area. A discussion ensued regarding easement dedication and Mr. Fairbairn, new homeowner on Dodd Road, explained that his recollection of City Council approval of his development was an easement dedication for utilities. He noted his concern for development that would be inconsistent with current development. He further stated he hopes there will not be a drainage problem and that wetlands does dominate the area. Commissioner Lorberbaum noted her concern for additional impervious surface in the area. Mr. Salmen stated he noted his concerns regarding this issue when Mr. Fairbairn presented his development for review. Commissioner Duggan stated the Planning Commission should table this request, since there seems to be no urgency, to clarify easements, drainage, and new and replacement plantings. He stated that the Planner raised several concerns which the applicant should clarify. Chair Dwyer pointed out that according to the December 7, 1993 City Council minutes regarding the Fairbairn case, the Council insisted on an easement for street and that the Mayor was asking for a sixty foot (60°) right-of-way. Dwyer stated that Mr. Salmen has presented a hardship in that he wants to subdivide his property and he has no public access. Commissioner Tilsen stated that if the City right-of-way, then an easement a turnaround is needed as the lots go two or three lots deep. In response to a question from Chair Dwyer, Mr. Salmen stated time is a problem and that he believes his request is a fair one. He further stated he does not want to be put out as the City's guinea pig. In response to a question from Ms. Ridder, staff confirmed that a part of the superblock area is R-1. Ms. Ridder stated that a public road in this location would give her more development options. Planning Commission November 22, 1994 Page 9 Commissioner Duggan moved to table the subdivision and variance request until January 24, 1995 to allow Mr. Salmen, time to clarify issues raised by the Planning Commission. He further stated that the Planning Commission is not against Mr. Salmen's request. Commissioner Lorberbaum seconded the motion. Commissioner Tilsen offered a friendly amendment directing the Fire Chief and Police Chief to review Mr. Saimen's request regarding safe emergency vehicle access. AYES: 5 NAYS: I, DWYER Chair Dwyer opposed continuing the public hearing until January. HEARING: CASE NO. 94-37: WERTHAUSER - CUP FOR LAND RECLAMATION Mr. Art Werthauser, owner of 1020 Sibley Memorial Highway, was present to discuss his request for a Conditional Use Permit for Land Reclamation which would allow him to fill approximately 1,200 cubic yards for his new home. Chair Dwyer stated that upon receiving a unanimous recommendation for denial of his CAO wall setback variance from the Planning Commission, Mr. Werthauser withdrew his request and did not attend the November 1 City Council meeting. Dwyer explained that the Moores and Hills attended the November 1 City Council Meeting and requested that the City Council withdraw Mr. Werthauser's building permit pending consideration of his Conditional Use Permit for Land Reclamation request. Because Mr. Werthauser was not present at the November 1 meeting, the City Council conducted a special meeting on November 7. Dwyer explained that at the special meeting, Council considered input from the Moore's, Werthauser, the public and the City Attorney, and then took no action to withdraw Mr. Werthauser's building permit. Chair Dwyer further explained that Mr. Werthauser's neighbors, located to the west of his site, have made the City aware of a long standing groundwater problem with their homes. He stated the neighbors are concerned that the Werthauser development will make their problems worse. Dwyer stated that with the Conditional Use Permit process, the City has the authority to grant a Conditional Use Permit and attach conditions to the approval. Planning Commission November 22, 1994 Page 10 Chair Dwyer stated that Public Works Director Danielson has suggested four possible conditions to the Conditional Use Permit. Chair Dwyer inquired if Mr. Werthauser would install gutters and that the downspouts for the gutters be directed away from the Moores to the greatest possible extent. Mr. Werthauser responded yes. Chair Dwyer stated that the survey concludes that Mr. Werthauser's surface water drainage, if properly handled, will cause no increased water problems for the Moores or the Hills. Public Works Director Danielson stated that if there is a problem created by Mr. Werthauser's development, the Moore's would have to grant Mr. Werthauser access onto their property to correct the problem. Danielson stated that Mr. Werthauser has indicated that he would correct any water problem on the Moore's property should his development be the direct cause of the problem. In response to a question from Commissioner Tilsen regarding drainage, Mr. Werthauser explained there is a minor ditch on the east side of the driveway and that the driveway drains northeast away from the Moore's property. Mr. Werthauser described how the house has been lowered since the retaining wall was denied. He explained that there has been 1,600 yards of fill brought onto the site (1,200 yards compacted). He explained that there have been 190 trucks bringing in fill with approximately 7 yards of dirt per truck. He further submitted weight calculation tickets to the Commission. Mr. Werthauser explained that they ran into poor soil conditions (peat) on the property and therefore another 200 yards of fill needed to be brought in. He explained that the peat will be spread during the final grading process. Mr. Werthauser explained that he has lowered the grade from east to west and that he has designed this plan to the best of his ability. Commissioner Duggan stated that Mr. Werthauser has done a lot to readdress and fix all of the concerns raised. Commissioner Lorberbaum stated that Mr. Werthauser has proposed a reasonable solution to address the problems and that had Mr. Werthauser applied originally for a Land Reclamation Permit she would have been against the request. Commissioner Friel questioned Mr. Werthauser's calculations and stated that 1,530 yards of fill had been brought to the site. Mr. Werthauser stated that 1,150 yards of compacted fill had been delivered. ) Planning Commission November 22, 1994 Page 11 Chair Dwyer opened the meeting to the public. Mr. Hill, neighbor to the west, stated this area was originally a watershed area. He stated he has been a resident for forty years. He stated he does not feel that Mr. Werthauser should have to fill the lot just because he wants to build his house at a higher elevation. He stated that Mr. Werthauser is closing off the watershed area by constructing his home. He further submitted pictures to the Commission. He further stated that he would be better off discussing the drainage problem after spring rains have occurred. Mr. Moore, neighbor to the west, argued about the amount of fill actually brought onto the site. He further stated that he will not give Mr. Werthauser permission to enter his property to correct any water problems. Commissioner Betlej inquired if Mr. Moore's insistence on not cooperating with Mr. Werthauser is based upon his attorney's advise or his own. Mr. Moore responded that if Mr. Werthauser thinks he has corrected the problem he will walk away and then a problem could still exist. He further stated that Mr. Werthauser can correct the problem on his own property. Commissioner Friel inquired if the appropriate grading plan has been submitted as per Section 4.12 of the Zoning Ordinance. Public Works Director Danielson stated that grading along the west of the property line could be cut down to provide positive drainage. Commissioner Duggan moved to close the public hearing. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel moved to recommend that the City Council grant the requested Conditional Use Permit for Land Reclamation subject to the following conditions: 1. The home have gutters and that the downspouts for the gutters be directed away from the neighboring house on the west to the greatest possible extent. 2. That all site drainage be directed away from the Moores to the greatest extent possible. 3. That a catchbasin be installed in the rear yard to capture drainage coming from the east and directing it down the east side of the driveway. Planning Commission November 22, 1994 Page 12 4. That the grade along the west property line be constructed so as to create positive drainage from south to north. Commissioner Duggan seconded the motion. Commissioner Duggan inquired if the Planning Commission should place a condition that Mr. Werthauser is to work with the Moores in correcting the water problem. Mrs. Moore stated that they had water problems during the spring of the year but since 1985, when the drain tile was installed, they have not had a problem. Chair Dwyer responded that the Planning Commission should not endorse expectations that Mr. Werthauser will fix any type of pre-existing water problems. VOTE ON MOTION AYES: 6 NAYS: 0 Chair Dwyer called a recess at 10:10 o'clock P.M. Chair Dwyer reconvened the meeting at 10:20 o'clock P.M. DISCUSS ORDINANCE REVISIONS Chair Dwyer explained the City Council has directed staff and the Planning Commission to consider recommendations for Ordinance changes as a result of several recent land use issues. He stated that the Council has specifically asked for recommendations on Ordinances regarding Detached Garages in the R-1 District, Athletic Stadiums in the R-1 Zone, and the Critical Area Ordinance. Commissioner Friel suggested that language be added to Section 7.2(10) to read Detached private garages. He stated that staff's suggestion for 7.3(1) is fine and that Section 4.5(3) should read "In all "R" Districts no accessory building shall exceed one thousand (1,000) square feet. However, a detached accessory structure which is a private garage shall be subject to the size and permit requirements described in Section 7.2(10). Commissioner Friel moved to recommend that these changes be adopted as amendments to the Zoning Ordinance. Commissioner Duggan seconded the motion. Planning Commission November 22, 1994 Page 13 AYES: 6 NAYS: 0 Chair Dwyer stated that at the October 24, 1994, Joint City Council/Planning Commission Workshop, stadiums in the R-1 District were discussed. He explained the items that were discussed were licensure for use of field lights and public address systems in order to control their use. He further stated that other standards to be discussed are: 1. Distance and location 2. Lights 3. Parking 4. Traffic 5. Public address systems. Chair Dwyer stated there is already one stadium in place and that now the City needs to consider other educational facilities in the City with potential stadium uses. Commissioner Tilsen stated the Commission should discuss including restrictions on hours of use, number of games played per week and year within the amendment. Commissioner Friel stated the City should be concerned about the number of times the facility is used with lighting. He stated that the schools should note up front what type of uses the facility will be used for and that it be restricted to those uses under the Conditional Use Permit limitations. Commissioner Friel stated that the kind of uses and traffic concerns should be added to the above list of proposed standards. He further stated that the Ordinance should be more restrictive in residential areas than the commercial district. Commissioner Duggan stated the City needs to be careful in limiting the specific uses of any stadium. He stated the City should consider inviting the schools to discuss their intentions for the types of uses for the stadium. Commissioner Friel inquired if there are ordinances available from other Cities. Chair Dwyer stated another concern may be during the summer months when there may be an incentive for the school to use the stadium for profit. Commissioner Duggan stated that it is not St. Thomas Academy's intention to use the stadium for non-school uses. He stated that it is known that Mendota Heights Athletic Association uses St. Thomas fields for their youth activities. Planning Commission November 22, 1994 Page 14 Commissioner Lorberbaum stated that specific standards regarding the type of exterior materials, bleachers, capacity seating and ADA requirements should be addressed within the ordinance. Chair Dwyer explained that also during the workshop, the Critical Area Ordinance and Modified Site Plan procedures were discussed. He stated the Council and Commission discussed revising the procedures of Modified Site Plan reviews and which factors should trigger Planning Commission involvement in a Modified Site Plan review. Chair Dwyer explained that Councilmember Krebsbach would like the Planning Commission to review all applications related to the Critical Area, Chair Dwyer explained that staff has suggested that Modified Site Plan could be allowed to proceed to City Council when the site plan conforms to the standards of the CAO Ordinance, as in the past, with some exceptions,: 1. Movement of earth, by grading, which results in a cut or fill in excess of five (5) feet at any point on the subject property. 2. When development of the property will result in the substantial alteration or removal of natural vegetation, trees, shrubs, rock outcroppings, water course, or scenic amenities. Commissioner Friel inquired how the Ordinance could specifically regulate building below the bluff line. Administrative Assistant Batchelder stated the Ordinance is presently unclear. Commissioner Friel stated the City should focus on reviewing applications proposing construction below the bluffline. He stated the City is vitally concerned about the sight lines. He stated the City should be defining distances above or below the sight lines. In response to a question from Commissioner Lorberbaum, Planner Uban stated the staff could review other Cities (i.e. Burnsville and Eagan) regarding their Critical Area restrictions. Commissioner Duggan stated the Critical Area Ordinance should reflect concern on impact of neighbors, drainage and vegetation. Planning Commission November 22, 1994 Page 15 Commissioner Friel submitted a proposed revisions of Sections 3.2(81) and 4.12 regarding mining and land reclamation. He presented the revisions which would be intended to permit the following without a conditional use permit: A. Permit excavation for all structures which extend below grade without any limit on the cubic yards that may be removed, provided that a permit has been issued for the development or structure by the City and-provided that such excavation and any related grading will not adversely affect surrounding property or development of the site. B. Permit the deposit of material which is excavated for permitted structures which extend below the surface (i.e. structures for which the City has issued a permit), so long as the deposit of such materials does not elevate the grade, and if it does elevate the grade then, not more than 400 cubic yards may be deposited to elevate the grade and then only so long as such deposition does not adversely affect surrounding property or development of the particular site. Commissioner Friel further presented revisions to Section 22 Planned Unit Development - please see attached. The revisions are regarding impervious surface on parcels being used for residential and commercial development and to prohibit the allowance of variances from the Planned Unit Development provisions. Administrative Assistant Batchelder explained that staff will inform the City Council of the suggested revisions and that a hearing will be conducted at the Planning Commission level. He further stated that Council has asked the Commission to review tree preservation ordinances. MISCELLANEOUS Chair Dwyer briefly discussed Independent School District 197's proposed Bond referendum in 1995 which could release funds to construct two middle schools - one site in Eagan and the other in Mendota Heights (corner of Mendota Heights Road and Huber Drive). Dwyer suggested that a representative from the City attend the School Board meeting to discuss Mendota Heights concerns, especially related to traffic. Commissioner Tilsen asked that staff review ordinances regarding minimal lighting for signage. Planning Commission November 22, 1994 Page 16 DECEMBER MEETING Due to the holiday season, the Planning Commission moved to change its December 27, 1994 meeting date to December 29, 1994. It was noted that if there are no pending applications, the Commission would be contacted about canceling the meeting. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 11:10 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary