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1992-06-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JUNE 23, 1992 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 23, 1992, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following Commission members were present: Koll, Friel, Dreelan, Dwyer, Duggan and Tilsen. Commissioner Krebsbach was not present. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Koll moved approval of the May 26, 1992, Minutes with corrections. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 92-21: KROHN - VARIANCE Mr. and Mrs. Arnold Krohn, 508 Huber Drive, were present to discuss their request for variances to the height and opacity for a fence located in a side yard abutting a street.' Mr. Krohn explained that when he and his wife purchased their property in 1986, the Copperfield neighborhood did not exist. He stated that a significant amount of traffic now occurs on Delaware Avenue due to the Copperfield development and the commercial development in Eagan. He stated there is a significant amount of noise during the day and night and that he would like to have mote privacy. He stated that he would like to construct a six foot (6') high solid board fence which would be constructed along his property line on Delaware Avenue. Chair Dwyer explained that the request for a variance is being held as a public hearing because the applicant was unable to receive the required signatures of consent. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. AYES: 6 NAYS: 0 June 23, 1992 Page 2 Commissioner Duggan moved to close the public hearing. Commissioner Friel seconded the motion. In response to a question from Commissioner Koll, Mr. Krohn explained the fence would be located east of the evergreen trees. He further explained the existing growth is not maintained by the City since the property is within the County right-of-way. Mr. Krohn explained briefly the type of foliage which exists on his property and how it extends down through his property towards his house. Commissioner Friel stated there is significant hardship created as the noise on Delaware Avenue is due to the traffic generated by a development which was constructed after Mr. Krohn had purchased his lot on. Huber Drive. Mr. Krohn commented that he believes his house is unique in that there are not any houses in Mendota Heights as close to Delaware as his house. Commissioner Duggan stated he is not sure the applicant will achieve a noise proof situation. Mr. Krohn stated he believes he is doing what he can to make his family more comfortable. There was a brief discussion regarding the placement of the fence and possibly staggering the end of the fence towards the house. Mrs. Krohn stated she is concerned with the aesthetics of the fence and that they have and will continue to do extensive landscaping in the area. She stated she intends to plant lilac bushes outside of the fence. Commissioner Tilsen stated Mr. Krohn's house is the closest house in Mendota Heights to Delaware Avenue. He stated there seems to be a uniqueness to Mr. Krohn's lot as it is a corner lot. He stated the vegetation will remain to help screen the fence. He stated he believes the applicant has proven hardship. Commissioner Friel moved to recommend that the City Council grant a height variance and a variance to required openness for a fenced located in the front yard in order to allow a six foot (6') board fence in the proposed location. Commissioner Duggan seconded the motion. June 23, 1992 Page 3 Commissioner Koll offered a friendly amendment conditioning the approval on the applicant plant lilacs on the road side of the fence. Mr. and Mrs. Krohn acknowledged the condition and stated they agree to the planting of lilacs. Commissioner Friel accepted the friendly amendment. AYES: 6 NAYS: 0 HEARING: CASE NO. 92-29 CITY OF MENDOTA HEIGHTS - MINOR COMPREHENSIVE PLAN AMENDMENT (PUTNAM SITE) Chair Dwyer explained that the City Council had initiated a Comprehensive Plan Amendment for the Putnam Site located in the southeast quadrant of Dodd Road and Mendota Heights Road. He asked Planning Consultant Malloy to give a brief synopsis on the issues related to the amendment. Planner Malloy explained the City of Mendota Heights is considering an amendment which would change the official land use designation of the 10.63 acre parcel of land (Putnam Site) located in the southeast quadrant of Dodd Road and Mendota Heights Road from HR-PUD to MR-PUD. Malloy explained the current land use designation for this property was established as a result of the findings of the Southeast Area Study, completed in 1984 and 1985. Planner Malloy explained that when considering an amendment to the Comprehensive Plan, the Planning Commission should determine whether conditions relative to the subject property and the proposed amendment have changed since the existing plan was adopted and whether the goals and aspiration of the community have changed with respect to development in this area of the City. Planner Malloy explained that a Southeast Area Scoping Study was completed last year and since that time, little has changed in the area. Planner Malloy briefly explained the surrounding land use in the area of the subject property. He explained that most of the development that has occurred has been consistent with the Amended Comprehensive Plan or of a lesser intensity. He explained the Patrick-Clark subdivision, located east of the subject property, was June 23, 1992 Page 4 guided for HR-PUD on the Amended Plan, but has subsequently been developed for single family lots. He further explained there is a single family development to the north of the subject property. He stated the change in the land use pattern in the area south of Mendota Heights Road has been the general reduction in the density of development compared to what is shown on the current land use plan. Planner Malloy explained that the traffic conditions in the area of the subject property have not changed appreciably since the Southeast Area Scoping Study was completed. He explained that several of the properties in the area are being developed at a density lower than indicated on the current comprehensive plan, traffic should not be a significant issue for development of the subject property. Planner Malloy explained that it is expected that improvements will eventually have to be made at the Dodd Road and Mendota Heights Road intersection to handle additional traffic in this area partially due to the fact that traffic from developments in northern Eagan is expected to filter through this area. Chair Dwyer pointed out that the current land use designation for the Putnam Site is HR-PUD (8 units per acre). He stated the suggested amendment is to be MR-PUD (4 units per acre). Planner Malloy stated that the general trend in the area is to develop with less density than originally guided for. In response to a question from Chair Dwyer, Planner Malloy stated there will possibly be a redesign of the interchange at Dodd Road and 1-494. He stated he has not seen plans regarding the redesign. Commissioner Friel stated this interchange has been a problem for years. He stated the comprehensive plan amendment changes immediately west of Highway 149 could have serious long term affect on Mendota Heights Road and Dodd Road. Commissioner Duggan stated that the interchange is a mess and that the land is directly impacted. Planner Malloy discussed the impact of airport noise on the subject property. He stated the noise has increased significantly since 1986. He stated that despite the introduction of the Stage III Aircraft, the air noise will continue. He stated there is no short term solution to the problem. Commissioner Duggan pointed out that Northwest Airlines has recently made it public knowledge that they are putting off the purchase of Stage III June 23, 1992 Page 5 aircraft and will continue to use older aircraft which will increase the air noise significantly. Planner Malloy explained the City's current policy for addressing development in areas impacted by aircraft noise centers around its Land Use Plan and Noise Attenuation Ordinance. He explained the Noise Attenuation Ordinance is patterned after the Metropolitan Council's Guidelines for Land Use Compatibility with Aircraft Noise. He briefly explained the noise compatibility guidelines are based on the idea that noise zones can be established, based on measured noise levels and criteria for determining the impact of noise on humans, and that these zones can then be used to determine the compatibility of various land uses. Planner Malloy stated multi-family units are evaluated for their noise compatibility based on the number of common walls they have and whether they have shared entries. Planner Malloy stated that by allowing multi- family units encourages more people to live in noise impacted areas. He stated that with these homes noise attenuated, these people still must venture outdoors. Commissioner Friel stated it has been the contention of the Metropolitan Council that the reason they have found multi family housing more compatible in Noise Zone 4 and single family a provisional use in Noise Zone 4, is because of more significant insulating techniques that were employed in the construction of multi family units before the Minnesota Uniform Building Code was adopted. He further stated that that Code now requires all single family homes be built with the kind of insulation/noise attenuation as those homes constructed within Noise Zone 3. He stated the City is already accomplishing noise attenuation via a separate ordinance and it seems meaningless since the Uniform Building Code is already imposing regulations related to noise attenuation. Planner Malloy responded that if there is no additional benefit in spreading the costs there is no benefit to putting more people in a noise impacted area. Chair Dwyer stated the Planning Commission is concern in exposing residents to noise pollution. He stated that it makes no sense to bring more people into an area that is polluted with noise. Planner Malloy explained that the proposed amendment would have no effect on park plans in this part of the City. He explained with the addition of Kensington Park, the parks that were proposed for this area in the 1979 June 23, 1992 Page 6 Comprehensive Plan have been provided. Commissioner Duggan responded that the City has lost 10 to 15 acres of park land in this area. Planner Malloy stated that parks have been provided with acreage exceeding the requirements. Commissioner Friel stated that the focus on parks in the Southeast. Area has had the wrong emphasis. He stated that original plan for open space in the Southeast Area consisted of 40 acres of open land due to the high density proposed. He stated that with the decrease in actual constructed density, the open space has decreased by a greater percentage and most of the original plans for open space acreage no longer exists. Planner Malloy summarized the goals and supporting guidelines which were established specifically for the Southeast Area which are: 1. To provide a diversity of housing types within the multi-family residential areas of the Southeast Area. 2. To encourage development that will be sensitive to the natural beauty and terrain of the Southeast Area. 3. To encourage development at an appropriate sale for the area. 4. To encourage development that provides the opportunity to ownership by its residents (this is recognized as beneficial to the community as a whole). Planner Malloy stated that it is the City's intent to provide diversity in housing and with the property continuing to be designated for multi-family development is consistent with Goal #1 and #4 (as listed above). Chair Dwyer opened the meeting to the public. Commissioner Duggan inquired as to whether or not Mr. Richard Putnam, owner of the subject property, received mailed notice of the hearing. Administrative Assistant Batchelder stated that Mr. Putnam was mailed notice of the hearing and was also informed of the meeting verbally. Batchelder further explained that the notice of hearing was published in the City's designated official newspaper. The Planning Commission briefly discussed the changes which have occurred that merit minor revisions to the land use designation on the subject property. The Commission stated their concerns in noise pollution and AYES: 6 NAYS: 0 June 23, 1992 Page 7 the lack of open space available in the Southeast Area. The Planning Commission concurred that they are in favor of reducing the land use designation from HR-PUD to MR- PUD. In response to a question from Commissioner Dreelan, Planner Malloy stated he has not seen the plans regarding the realignment of Highway 55 and the possible affect it may have on the Southeast Area traffic. Planner Malloy further explained the vacant land to the south of St. Thomas Academy is designated as LB-PUD land use. He stated the number of anticipated square feet of office space is to be 100,000 square feet. He explained the land has great visibility and has the potential for a signature office park. Commissioner Koll noted her concerns in the lack of attendance by residents and wondered if the hearing should be continued to provide more time for residents to have more input. Commissioner Duggan read information regarding major land use issues from the 1979 Comprehensive Plan. Commissioner Duggan moved to close the public hearing. Commissioner Friel seconded the motion. Commissioner Friel moved to recommend that the City Council change the land use designation for the subject parcel from HR-PUD to MR-PUD, or to a lesser designation and that the justification for that change, among other items, be the land use configuration which exists between the subject parcel and the parcels to the north and east and the incompatibility which exists between the subject parcel and the parcels to the north and east. He further stated the City's concern of increased traffic at the intersection of Mendota Heights Road/Dodd Road and the loss of open space and the increased density that has occurred in the Southeast Area has a consequence of the changes that have occurred resulting in the loss of significant open space. He further stated there is no point in subjecting a larger number of people to the noise impact the City knows exists in relationship to the subject parcel. Commissioner Duggan seconded the motion. Commissioner Duggan pointed out that the subject parcel is currently zoned R-1. June 23, 1992 Page 8 Chair Dwyer called a recess at 9:00 o'clock P.M. Chair Dwyer reconvened the meeting at 9:04 o'clock P.M. Commissioner Duggan pointed out to the Planning Commission that there are several signs advertising developments in the Southeast Area located on Mr. Putnam's site at Mendota Heights Road and Dodd Road. Public Works Director stated if there is a violation of the City's Zoning Ordinance regarding signs, the City's Code Enforcement Department will pursue and he will report back to the Planning Commission in July on the status of the signs. CASE NO. 92-22: WENSMANN HOMES - PREAPPLICATION REVIEW Chair Dwyer briefly explained that Wensmann Homes has requested a preapplication review discussion regarding the possibility of developing twenty-two townhomes on 2.38 acres which are located at the southwest quadrant of Wagon Wheel Trail and I-35E. Mr. Burt Wensmann, owner of Wensmann Homes, stated he is looking for guidance from the Planning Commission in whether or not the proposed development is feasible in this particular area. Chair Dwyer stated he is concerned with the idea of packing of residents in an area where air noise is a great problem. Mr. Wensmann stated he is willing to decrease the density. Chair Dwyer briefly explained the back to back homes Mr. Wensmann is proposing to construct. He explained the homes will be 1,144 square feet with each home being three story homes. He explained there will be a double tuck under garage with each unit consisting of a 12 ft by 20 ft deck. Mr. Wensmann stated he is currently building these homes in Apple Valley. Chair Dwyer stated the proposed development shows too many townhomes in too small of an area. Commissioner Tilsen noted a concern for parking in front of the garages. He further inquired into the possibility of doing a more comprehensive study for the whole area. June 23, 1992 Page 9 Commissioner Duggan questioned if notice had been sent to the property owners. Administrative Assistant Batchelder responded that mailed notice is not a requirement under the preapplication process review. Commissioner Duggan stated he is against the whole project. Mr. Wensmann stated the product has been well received in the market. In response to a question, Public Works Director Danielson stated there is a Fire Code Requirement regarding two exits for each unit proposed. In response to a question from Commissioner Duggan, Mr. Wensmann stated that average selling price of these homes is between $66,000 to $68,000. Commissioner Duggan stated that he too would like to see a more comprehensive study reviewed in this area. He stated that with the construction of a twenty-two unit townhome complex, will increase the traffic significantly on Wagon Wheel Trail. He stated the property owners on Wagon Wheel Trail, in the past, have been very sensitive to the possibility of increased traffic on this road. In response to a question from Commissioner Tilsen, Planning Malloy stated the proposed development is within Noise Zone 4. Commissioner Friel stated that within the City's Zoning Ordinance, a change in the comprehensive plan from single family residential to MR-PUD must show exceptional conditions. He stated that he has seen nothing which sets forth any exceptional conditions. Mr. Wensmann stated that he is formally withdrawing his application. The Planning Commission formally accepted Mr. Wensmann's decision to withdraw his application. The Planning Commission suggested that the joint workshop to be conducted between the Commission and the City Council could occur on September 29, 1992, if the Council finds this date acceptable. June 23, 1992 Page 10 VERBAL REVIEW Public Works Director Danielson provided a verbal review for the planing items at the previous City Council meeting. ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 9:30 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary