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