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1993-07-27 Planning Comm MinutesCITY OF MENDOTA :EIGHTS DAKOTA COUNTY, t , INNESOTA PLANNING COMMISSION MINUTES JULY 27, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 27, 1993, 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, Dreelan, Dwyer, Hunter, Duggan and Tilsen. Commissioner Friel had notified the Commission he would be late. 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 Koll moved to approve the June 22, 1993 minutes. Commissioner Hunter seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1, DUGGAN Commissioner Friel arrived at 7:34 o'clock P.M. MISCELLANEOUS Chair Dwyer commended Administrative Assistant Batchelder and members of the Planning Commission who served on the Steering Committee in planning for the Celebrate Mendota Heights Parks! event. He stated the event was very successful and everyone present seemed to enjoy the various events scheduled throughout the day. CASE NO. 93 -17: DEEB - WETLANDS PERMIT Mr. Jake Deeb, of 1780 Dodd Road, was present to discuss his request for a Wetlands Permit allowing him to construct a second garage within thirty -six feet (36') of Marie Creek /Willow Spring Creek and forty -one feet (41') from Pine Creek. Chair Dwyer stated Mr. Deeb's property is located in the southwest corner of the Somerset area. He stated the property is just north of Marie Avenue. Planning Commission July 27, 1993 Page 2 Mr. Deeb stated he had received the Planner's report on Saturday and that he was very offended in the manner in which the report was written. He stated the report is wrong and biased. Mr. Deeb briefly explained the definitions of words used within the planning report - several, creek, drainage and runoff. Mr. Deeb stated the Planner's Report refers to several creeks located on his property. He stated there are not several creeks on his property but there is one creek which runs through the Mikelson property and there is a drainage culvert. He stated both creeks, Marie Creek /Willow Spring Creek are included on the City's Wetlands Map and the Somerset Study Area Maps. He alleged Pine Creek is not included within the City's Wetlands mapping area. Mr. Deeb stated he met with representatives from the Department of Natural Resources on Monday, July 26th. He stated at that time, he received an official definition of a wetlands area as defined within the Wetlands Conservation Act of 1991. He briefly explained the definition. Mr. Deeb then stated the drainage located on his property is not categorized under any wetlands definitions and that it should be considered as runoff. In response to a question from Chair Dwyer, Mr. Deeb stated he is proposing to construct the garage within thirty -six feet of the wetlands area. Mr. Deeb explained in 1987 the City rerouted Marie Creek /Willow Spring Creek. He stated that the City, in rerouting the creek, placed his home within the wetlands boundaries. He stated that if the creek had been left alone, his home would not be within a wetlands boundary. Chair Dwyer inquired when Mr. Deeb purchased his property. Mr. Deeb responded in 1990. Chair Dwyer inquired if Mr. Deeb purchased the property with the knowledge of the wetlands infringement. Mr. Deeb responded no. Chair Dwyer stated Mr. Deeb is charged with the constructive knowledge of the wetlands infringement in purchasing the house. Mr. Deeb stated he has talked to the former owner and the former owner stated the City never informed him of their plans for rerouting the creek. He stated the City placed a hardship on his property in rerouting the creek. He stated the City took ninety feet (90') of the south edge of his property without permission. Planning Commission July 27, 1993 Page 3 In response to a question from Chair Dwyer, Mr. Deeb stated the former owner of his property was Doug Schmitt. Mr. Deeb stated he had met with City staff and Planner Uban on June 1st. He explained at that time he described his proposed structure, indicating the exterior will be the same as his home, the best way to construct the garage, and other design details. He stated none of this information has been forwarded within the Planner °s Report. Mr. Deeb stated if the creek was returned to its original location, he would not need a Wetlands Permit. He further requested that his fee be waived. Commissioner Tilsen stated that Mr. Deeb is proposing to construct a second garage on his property. Chair Dwyer stated the City's Zoning Ordinance does not permit two separate garages on any property. He stated a Conditional Use Permit is required. He stated Mr. Deeb currently has a tuck under garage and inquired if his intentions are to convert the tuck under garage into a hobby shop and if so, will the driveway remain along with the garage door. Mr. Deeb stated he plans to convert the garage into a hobby shop and that he would prefer to keep the garage door. Commissioner Friel inquired if Mr. Deeb will need a building permit for converting the garage into a hobby shop. Mr. Deeb stated he does not know if a building permit is required. He stated he wants to leave the large garage door as he builds remote control airplanes and refinishes furniture. He stated he does extensive research work related to electronics and that the garage door is needed. Commissioner Friel stated Mr. Deeb has an existing garage and because of the garage an additional garage structure is considered an accessory structure. Mr. Deeb inquired if the City enforces the Ordinance requirement for a conditional use permit for an accessory structure. Commissioner Friel stated yes. A brief discussion ensued regarding the maximum size of an accessory structure relating to the square footage area of the property. Mr. Deeb stated his intentions are to convert the existing garage into a workshop which would then make his proposed garage the only garage on his property. Commissioner Friel stated that once there is a garage on the site a conditional use permit is needed to add another garage. Planning Commission July 27, 1993 Page 4 Chair Dwyer stated Mr. Deeb, according to the City's ordinance, needs a conditional use permit. Mr. Deeb stated he needs a Wetlands Permit first. As directed by Chair Dwyer, Planner Uban explained that a Wetlands Ordinance is not designed to prohibit construction within one hundred feet of the wetlands. He stated the Wetlands Ordinance is enforced to protect natural terrain in not the Wetlands Area and to review proposals to ensure they do not detrimentally affect drainage, contours and vegetation. He stated erosion control is also enforced. Chair Dwyer stated the City has granted Wetlands Permits for fences and decks at this setback. Mr. Deeb stated his home is ninety feet (90') from the creek. He stated the City has not been enforcing the Ordinance related to improving or replacing driveways. He briefly explained his conversation between himself and the City's Building Official regarding whether or not a Wetlands Permit is needed for changing his driveway. He stated the City has created a hardship in moving the creek near his property and forcing him to apply for a Wetlands Permit. Mr. Deeb clarified to the Commission that the car port as referred to in the Planning report is not a sheltered area. He stated the area is 45° by 60 °. In response to a question from Commissioner Duggan, Mr. Deeb stated his hobby of refinishing furniture is not for profit. Commissioner Duggan stated that a future owner could use the workshop as a place of business. Mr. Deeb stated he is willing to sign a piece of paper indicating he will remove the garage door when he sells the home. Mr. Deeb inquired if the City considered the hardship it was creating in 1987 when the creek was moved. Commissioner Duggan responded the City, in 1987, saw a home with a garage meeting all standard requirements. He stated the City cannot predict future changes and that we cannot envision all future considerations. Administrative Assistant Batchelder stated when the City moved the creek in 1987 a Wetlands Permit should have been granted for ninety feet (90') for the house. He stated if the Wetlands Permit had been granted in the past, Mr. Deeb would still need a Wetlands Permit because the proposed garage is to be within thirty -six feet (36') of the wetlands. He stated a simple granting of a Wetlands Permit is not a carte blanche approval of future Wetlands Permits. Planning Commission July 27, 1993 Page 5 Commissioner Duggan stated he had toured the property prior to the Planning Commission meeting tonight. Mr. Deeb noted that he does not appreciate that no one phoned him prior to the meeting to tour the site. He further stated he feels it is an invasion of privacy when a Commissioner tours a site without prior knowledge of the property owner. Commissioner Duggan stated the Planning Commission is a fact finding body advising the City Council. He stated it is the Planning Commission's job to find the facts which includes touring of property. Duggan stated the staff informs property owners that Commissioners may be visiting. Commissioner Duggan inquired how much fill has been brought onto the property. Mr. Deeb responded about 90 to 100 yards. He stated the fill has been placed in a fashion to not kill the trees. He stated he phoned the City two years ago to find out the restriction on filling and he also phoned the DNR to get direction on how far from the tree line fill can be placed. He stated, as recommended by a forestry service, the fill has not been placed beyond the skirt of the pine trees. In response to a question from Commissioner Tilsen, Public Works Director Danielson stated Pine Creek is included on the City's Wetlands Map. Commissioner Friel stated he is concerned about the infringement of wetlands. He stated he cannot remember the construction of a facility that provides such a large amount of impervious surface at such a close proximity to Wetlands. He stated the City has approved the construction of fences and decks near a Wetlands. He further stated the Wetlands Ordinance has been designed to help prevent future problems of construction near a wetlands. He stated he is not inclined to be in favor of this request. In response to a question from Commissioner Koll, Public Works Director Danielson explained the creek was rerouted in 1987 in order for the Mikelson property to be developed. He stated with the new alignment, fill was placed at both ends of the existing creek which has now created a pond in the center. He stated should the Mikelson property be developed, Wetlands Permits would be needed. Chair Dwyer acknowledged that all signatures of consent had been received. Commissioner Tilsen moved to waive the public hearing. Commissioner Duggan seconded the motion. AXES: 6 NAYS: 0 Planning Commission July 27, 1993 Page 6 Commissioner Duggan moved to table the wetlands request until August 24, 1993 Planning Commission meeting and directed staff to provide a response on: 1. A clarification of the historical changes that have occurred regarding Marie Creek /Willow Springs Creek, including the location of the old creek. 2. The proper planning application required for a request for a second garage structure in the R -1 Zoning District. Chair Dwyer stated he does not see the grounds of granting a Wetlands Permit of a 900 square foot structure within thirty - six feet (36') of a Wetlands. AYES: 4 NAYS: 3, DWYER, FRIEL, TILSEN INFORMAL DISCUSSION WITH THAR LDSON DEVELOPMENT REGARDING CUP FOR MOTEL IN "I" DISTRICT Chair Dwyer explained Tharaldson Development has requested an informal presentation before the Commission prior to their submittal of revisions for a new project on a previously approved hotel for Northwest Airlines employees. Chair Dwyer stated that instead of a three story hotel it will be a four story with 117 units and it will be open to the general public. Mr. Kenneth Scheel, representing Tharaldson Development, stated there is no contractual agreement with Northwest Airlines. He stated they have complied with all the requirements noted in Resolution No. 92 -34. He stated the primary change is the footprint has been reduced and an additional story is being proposed. He stated there will be an indoor swimming pool. He stated this will be full scale luxury budget hotel. He further stated a continental breakfast will be served to the guests in the morning. In response to a question from Commissioner Dreelan, Mr. Scheel stated the facility in St. Cloud was their first hotel and there have been several changes in their hotels over the years. Mr. Scheel noted the concerns of the Council with the lack of parking and increasing the green area. He stated the primary changes will be in the exterior with more architectural detailing. Planning Commission July 27, 1993 Page 7 In response to a question from Commissioner Koll, Mr. Scheel stated Gary Tharaldson, owner of Tharaldson Development, is the primary developer for Marriott products. He stated he has no contract associations with Marriott. He stated Mr. Tharaldson buys franchises. Mr. Scheel stated Tharaldson Development creates hotels for a distinct market. He explained the Fairfield Hotel is considered a "notch" below the Courtyard by Marriott. He stated their market is for business travelers. Chair Dwyer noted his concern for constructing a hotel along side an already established hotel. He noted his concern for the possibility of a building sitting empty. Mr. Scheel stated Mr. Tharaldson has a tremendous amount of records which can be made available assuring the City of the type of development Tharaldson does. He stated numerous hotels build along side other hotels. Mr. Scheel stated there will be a letter from the Courtyard by Marriott. In response to a question from Chair Dwyer, Mr. Scheel stated he believes the Courtyard by Marriott is usually 80 percent occupied. Commissioner Duggan stated the hotel is very busy. Mr. Scheel briefly mentioned a moratorium on construction in Bloomington due to the possibility of the airport expanding its runways and the possibility of tearing down four hotels in its path. He stated four major hotels will come down. Commissioner Tilsen noted his concern for the shape of the lot and the configuration of the parking lot with respect to ingress /egress access for emergency apparatus. Mr. Scheel stated this plan has not changed since the Council approved the request last year. He stated at that time, the Police and Fire Departments reviewed the plan. Commissioner Dreelan inquired if adding a fourth story to the building will create a safety hazard. She inquired if the City has the capability of fighting a fire in a four story building. Commissioner Dreelan stated the Fire Department should review the new plans relating to the fourth story and the ingress /egress access. Mr. Scheel stated there is a large grassy area in the back where they could install a grass pad to help emergency vehicle access. Mr. George Burkards, representing United Properties, stated the landscape estimate is greater than Courtyard by Marriott and that the area to the east is left open for future parking when that land develops. Planning Commission July 27, 1993 Page 8 Mr. Scheel stated the front door of the hotel will face the Marriott and that there will only be automobiles parking in the parking lot. In response to a question from Commissioner Duggan, Mr. Scheel explained two drainage plans had been submitted to the Council last year. Mr. Scheel also stated there will be security lights, larger islands, ADA compliance and sprinklers. He further stated they will be using concrete instead of tar. Mr. Scheel also stated Gary Tharaldson is willing to share his financial history. In response to a question from Commissioner Tilsen, Public Works Director Danielson stated the City has adopted new drainage standards. Commissioner Tilsen stated he would like to see the signage stay within the Ordinance requirements and not issue variances. Mr. Scheel thanked the Commission and indicated his intentions of returning to the Commission in August for a formal public hearing for Conditional Use Permit. CONTINUED HARING: PLANNED UNIT DEVELOPMENT ORDINANCE AMENDMENT Chair Dwyer explained the Planning Commission and City Council conducted a workshop in June to discuss amendments to the City's Planned Unit Development Ordinance. Commissioner Friel stated he has read all of the language in the proposed Planned Unit Development Ordinance and is suggesting some changes to conform the language. He suggested revisions to Section 22.1(1), 22.1(4) and 22.1(5). Administrative Assistant Batchelder stated the revisions seem appropriate. Planner Uban noted on Page 401(113) that the percentage of impervious surface in the project area shall be no more than seventy (70) percent instead of thirty (30) percent. Commissioner Friel stated he has reviewed the suggested revisions by City Attorney Winthrop and Weinstine and that these should be included. Planning Commission July 27, 1993 Page 9 Commissioner Duggan moved to recommend that City Council amended the Planned Unit Development Ordinance document with revisions suggested by Winthrop and Weinstine. He further stated Commissioner Friel should be commended for his significant efforts in amending the Planned Unit Development Ordinance. Commissioner Friel offered a friendly amendment stating Council should consider including the changes to conform the language in Sections 22.1(1), 22.1(4) and 22.1(5). Commissioner Duggan accepted the friendly amendment. Commissioner Friel seconded the motion. AYES: 7 NAYS: VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. In reference to Convent of Visitation's recent request to construct a montessori, Chair Dwyer noted the Planning Commission's concern for the dangerous condition created by increased traffic exiting Lake Drive and turning north on Dodd Road. The Planning Commission felt there are multiple problems creating a dangerous situation for motorists. The Commission suggested that the main traffic be routed through Mendota Heights Road. Commissioner Duggan directed staff to send a letter recommending to the Convent of Visitation to consider using Mendota Heights rather than Lake Drive. Chair Dwyer pointed out that the revised plan had not been reviewed by the Planning Commission. He stated that approximately 42 additional cars will be utilizing Lake Drive and that ample consideration to the safety of motorists should have been given. Planning Commission July 27, 1993 Page 10 ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 9:13 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary