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1992-10-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION OCTOBER 27, 1992 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 27, 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 members were present: Koll, Friel, Dwyer, Krebsbach, Tilsen. Commissioners Dreelan and Duggan were 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 approval of the September 22, 1992, Minutes. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 ABSTAIN: 1, FRIEL Commissioner 1992, Joint Minutes. Commissioner AYES: 4 NAYS: 0 ABSTAIN: 1, FRIEL HEARING: CASE NO. MAZZARA - SOMERSET 92-31: PLACE PUD Tilsen moved approval of the September 29, City Council/Planning Commission Workshop Koll seconded the motion. Chair Dwyer briefly explained that the applicant, Mr. Gerald Mazzara, had been before the Planning Commission on September 22, 1992 with a preapplication discussion of the Somerset Place Planned Unit Development (PUD). He stated the applicant is proposing to subdivide a 10 acre parcel into three single family lots with a common outlot designated as Wetlands. Mr. Gerald Mazzara, representing both the owner and buyer, was present to discuss the proposed PUD. He explained he held a meeting with the adjacent neighbors about two weeks prior to the Planning Commission to discuss the proposal. October 27, 1992 Page 2 Mr. Mazzara explained plan changes as originally discussed at the preapplication meeting. He stated the location of vegetation has been identified along with the three building pads. He stated the south site has been moved towards the wetlands away from the east property line which should help protect the view of the adjoining Garrett property on the east. He stated there is new plantings that are proposed which will enhance the buffer zone from the east and south. Mr. Mazzara explained that 10,000 square feet has been reserved for each site for on site septic systems. He stated he has provided results of the soil boring tests to the City and Planning Commission. He stated that once the PUD has been approved, each site will be tested by a well company. He further stated he would provide a wetland boundary map once the PUD has been approved. Mr. Mazzara discussed public road access. He stated a superblock plan does not exist at this time. He stated it would be inappropriate to bring a public road through this development. He further stated he has prepared several concept plans for public roads in the area, as a possibility. He submitted the plans to the Planning Commission. He stated the land in the area could be served with public or private roads. He stated there seems to be opposition to public roads in this area. He further stated the property owners within the Superblock area have not seen the proposed concept plans. He stated he is only submitting these plans as a point of reference and information to the Planning Commission and property owners in the area. Mr. Mazzara stated he would provide home owners association documents and covenants to the City Council prior to final approval of the plat. He stated, at this time, a draft copy has been prepared. Mr. Mazzara noted the recommendation, by the Parks Commission, was to provide additional platted right-of- way and trail easement along Wentworth and through the wetland area. He stated this is something they would not like to do. He stated that if a park plan was approved by the residents in the area, then they would be willing to provide an easement for the entire superblock area. Commissioner Tilsen stated a more precise wetlands boundary survey map should be provided to the City. He stated the wetlands could be in jeopardy if they were , ) larger area than indicated on the map. He stated preserving the wetlands area is an important issue and he October 27, 1992 Page 3 would be inclined to not recommend approval of the request if the wetlands are further encroached upon. Mr. Mazzara responded if the Planning Commission recommends approval, he would be willing to have the wetlands reviewed by a biologist. Commissioner Krebsbach inquired if the proposed septic system is adequate for the size of lots proposed. She inquired as to what Dakota County's standards are. She further noted her concerns for the amount of grading which will occur for this development. Mr. Mazzara responded City staff has reviewed the grading plans and there seems to be no problem. He further stated he feels confident that the size of lots for the septic systems is adequate. He stated he would be willing to validate his confidence with Dakota County. Planner Uban stated he would like to see refinement of both the grading and septic field plans. Chair Dwyer stated the integrity of the wetlands is a real concern and maybe a scenic easement could be agreed upon with the ultimate buyers of the property. Planner Uban responded a scenic easement could be done within the PUD. He stated there are several elements related to this plan which are sensitive. Mr. Mazzara stated he has no problem with helping define the wetlands area. Commissioner Friel stated his concerns for the use of private roads in this area. He stated most private roads are not maintained properly and there could be public safety access problems. He noted the inconsistency in the proposed right-of-way on the plans and what is actually required within the Subdivision Ordinance. Commissioner Friel stated the Subdivision Ordinance requires a thirty foot right-of-way and the proposed development indicates a twenty foot right-of-way. Mr. Mazzara responded he was not aware of the restriction. He further stated the proposed road width was determined based on preserving the evergreens in the area. He stated they can do a thirty foot right-of-way. In response to a question from Commissioner Friel, Chair Dwyer stated there is no sanitary sewer service available. Mr. Mazzara stated there will be well service on site. Commissioner Koll stated she has concerns for drainage and the location of septic systems next to the wetlands. She further stated the Fire Marshal should be given an opportunity to review and approve road access. She October 27, 1992 Page 4 stated she has no problem with the development of a private road. Chair Dwyer opened the meeting to the public. John Bradford, 1673 Delaware Avenue, inquired as to how the superblock would have evolved had Mr. Mazzara been approved earlier. He questioned how the three new landowners of the Harris property would be a part of the superblock study. Chair Dwyer responded each property owner is protecting their rights as a landowner and that Mr. Bradford's point is well taken. Planner Uban stated a meeting of the superblock residents is scheduled for November 9, 1992. He stated the scheduled meeting begins the process of planning the superblock area. He stated the need for roads, parks and utilities will be researched. He stated the City is looking for ideas from property owners regarding their long term potential for subdividing their parcels. He further stated he is only able to give recommendations to the City Council. Commissioner Friel stated the plan for the superblock area is "just a plan". He stated it will require cooperation from all of the land owners in this area. Tom Garrett, 540 Wentworth Avenue, stated he has known Mr. Harris for some time. He stated that by constructing a public road through this area would ruin the properties and jeopardize the wetlands area. He stated by creating a road and having an access point off of Wentworth Avenue would create a dangerous intersection. He stated it would be nice to see the Harris property remain as is but he understands Mr. Harris' right to sell and develop his land. He stated if the property is to be developed, he would like to see the development of the property kept consistent with the existing neighborhood. Commissioner Koll concurred with Mr. Garrett stating it would be nice to keep this territory preserved. She stated again she is not opposed to constructing a private road. Mr. Mazzara stated he designed concepts to show possible ideas for developing public roads in this area. He stated at a meeting, held by him with the property owners of the superblock area two weeks earlier, some property owners expressed their ideas for developing their land and other property owners stated they had no intentions of developing their property. October 27, 1992 Page 5 Mr. Mazzara reviewed Plan A which represented a loop road with 19 lots; Plan B showing two acre lots giving plenty of room for on site septic systems and road access off of Marie exiting onto Delaware Avenue; Plan C showing another loop concept with 9 large lots; Plan D showing a 700 foot cul-de-sac and Plan E showing an enhanced cul- de-sac with a larger turn around. He reiterated to the Commission and property owners present at the meeting that these plans are all just ideas. Chair Dwyer stated the concept plans, as proposed by Mr. Mazzara, seemed to implicate the Bradford property. Mr. Mazzara responded it seemed the Bradford's may have a future interest in developing their land and he was only trying to accommodate their plans for the future. He stated he prepared these plans based on what he had heard and discussed at the meeting held two weeks. Mr. Bradford stated the City has been given ideas in the past for development of property in the superblock and the ideas were not acted upon. He further stated the proposed concept plans Mr. Mazzara presented tonight reflect no consultation time with him. Commissioner Krebsbach inquired what feelings were generated for the construction of a public road through the property at the neighborhood meeting. Mr. Garrett responded no one wants a road through the property. Ted Weyerhaeuser, 610 Wentworth Avenue, stated he owns 10 acres of land within the superblock area. He stated he is against having any roads constructed through this area. He stated his land is low and good for wildlife. In response to a question from Commissioner Friel, Mr. Mazzara stated the proposed plan submitted for review is intended to be a preliminary plat. Mr. Mazzara stated his concerns for public right-of-way of 60 feet stating tree preservation is an issue. He stated the private road is a part of the preliminary plat and with this concept, the Garrett property is protected from significant traffic. Commissioner Tilsen stated the private road concept is acceptable. He stated wetland encroachment is a concern. He reiterated is concerns for placement of the wetlands as submitted on the plans by Mr. Mazzara. He further stated private sewer systems are fine, if they are considered temporary. He stated he would like to consider another way of handling the sewer system due to October 27, 1992 Page 6 the life expectancy of on site septic systems. He discussed the possibility of public road and utilities construction in the next twenty to thirty years. He further suggested an easement be provided on the south property line for future septic system replacement. Planner Uban stated an on site septic system can last forever if properly maintained. He stated the City of North Oaks has been using on site septic systems since the 1950's. He stated the City of North Oaks enforces very specific rules in maintaining the on site systems. He further stated the County and Metropolitan Council require 5 to 10 acres for on site septic systems. The Commission briefly discussed gas and electric utility services in the area of the superblock. Relating to the private road vs public road concern, Commissioner Friel stated it is necessary to provide the appropriate width for right-of-way because in the future, he does not want to jeopardize the maintenance of the roadway with the possible changes of ownership in the area. He further stated his concerns for maintenance and public safety. In response to a question from Commissioner Krebsbach regarding the location of fire hydrants and fire safety, Public Works Director Danielson stated the City of Sunfish Lake does not have fire hydrants and the Mendota Heights Fire Department provides fire service to this City by using their tanker trucks. He stated the City's Fire Department is prepared to handle fire safety questions. Commissioner Tilsen stated an accurate wetlands boundary survey should be updated. He further stated the trail system should be reviewed further as per the Parks Commission recommendation. He further stated the on site septic systems is a real issue and an easement along the south property line should be considered for future septic system maintenance. He stated a public right-of- way should be provided without detriment to the proposed plan. He suggested a 60 foot right-of-way could serve Lot 3 through Lots 1 and 2 without the road being centered in the right-of-way. Commissioner Friel concurred with Commissioner Tilsen in stating that an accurate wetlands boundary survey should be updated. He further stated the on site septic systems should be researched further to provide more room. He further stated he would like to see documents regarding October 27, 1992 Page 7 the convenants. He further suggested research in providing public access be done. Commissioner Krebsbach moved to continue the public hearing until November 24, 1992 at 7:30 o'clock P.M. Commissioner Friel seconded the motion. Mr. Mazzara stated a soil borings test was completed for this property. He stated there is a time problem in that the sale of the property is conditioned on the approval of this request. He stated if required, the trail system will be done. He further stated that normally the convenants are reviewed at the time of the final plat process. He stated they are trying to avoid the public right-of-way and he will provide and sanitary sewer easement. Mr. Garrett stated he objects to the required 60 foot public right-of-way in that many trees will be lost and that it will diminish property values significantly. Mr. Mazzara stated the neighbors in the area are happy with the proposal and does not understand why there are so many objections from the Planning Commission. Commissioner Friel responded the Planning Commission enforces the City's Zoning Ordinance and is only trying to abide by the requirements of the Ordinance. He stated the Planning Commission is not in the position of carrying out recommendations not based on the Zoning Ordinance. Mr. Thomas Hu, potential buyer of the property in question, stated he feels they are trying to provide the neighborhood with a well designed project that will blend in. Alice Bradford, 1673 Delaware Avenue, stated she owns five acres of land next to the proposed subdivision. She stated if the City plans to put a road through it would help her land. She stated if a road comes through the side of the land to Delaware it will be very steep. She further stated a road in between the houses is not a good idea and she is not in favor of the project. VOTE ON THE MOTION: AYES: 3 NAYS: 2, ROLL, DWYER October 27, 1992 Page CASE NO. 92-33: MCGUIRE - VARIANCE Mr. Timothy McGuire, 30 Dorset Road, was present to discuss his request for side yard setback variance to allow the construction of an attached garage and an addition. Chair Dwyer stated the Planning Commission received the sketches and signatures of consent from the property owners. Commissioner Tilsen stated Mr. McGuire's corner lot width is less than the required 100 foot lot width as it was platted in the 1940's. Commissioner Koll stated the proposed plan fits the neighborhood well and she approves of the request as she considers it an asset to the area. Mr. McGuire stated he has not yet decided if he will remove the sidewalk leading to Dorset or if he will replace it. He further stated he would like his address to stay as it is on Dorset and that the driveway will be removed. Chair Dwyer moved to waive the public hearing. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 Chair Dwyer moved to recommend that the City Council grant a four and one half foot (4' 5") side yard setback variance allowing the new garage addition to be built as proposed on the site plans as submitted conditioned upon the removal of the old driveway and replace it with sod. He further noted the applicant should use his discretion in preserving the sidewalk. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 October 27, 1992 Page 9 HEARING: CASE NO. 92-32: THE NORTHLAND LAND COMPANY - SUBDIVISION Mr. George Burkards, representing the Northland Land Company and Mr. Wayne Bishop, representing Walsh/Bishop Architects, were both present to discuss an industrial subdivision, which is a replatting of the original preliminary plat of the Mendota Heights Business Park to accommodate lot configurations for Associated Bureaus. In response to a question from Chair Dwyer, Mr. Burkards stated Associated Bureaus is a nationally scaled collection agency with 400 employees. He stated employment in five years could reach 600 employees. He stated the Company is ranked fourth or fifth in the Country. Chair Dwyer stated road realignment is being done through the preliminary plat process and the proposed square footage of the building is 65,000. He stated United Properties is not developing this land and questioned if they will be monitoring the development. Mr. Burkards responded they will be monitoring the development. In response to question from the Commission, Mr. Burkards stated they will work with the City Engineer in meeting their requirements for street right-of-way. Chair Dwyer also noted the proposed plan accommodates 400 employees and that Associated Bureaus has a five year option to acquire an additional 6 acres of land adjacent to the site to accommodate future parking lot expansion. He further discussed the grading plan stating the City's Planner feels it conforms with the natural terrain of the site, except for a portion of the parking at the northwest corner which extends over the existing slope. He stated the proposed slope around the parking lot is 2:1 and the Planner suggests it should be reduced to a 3:1 slope to minimize the slopes in the parking area. He further stated the landscape slope should be 3:1. Mr. Burkards stated the slopes should have originally been noted as 3:1. Commissioner Friel inquired about the airport safety zoning regarding the population assigned to this area. Commissioner Friel desired to know if the population assignment affected the remaining sites and their population allocation. Mr. Burkards responded that there are only two sites remaining and that there would be 382 October 27, 1992 Page 10 employees left for the remaining lot, if Assoicated Bureaus used 950 employees. Chair Dwyer opened the meeting to the public. Chair Dwyer noted there was no one present to discuss this request. Commissioner Krebsbach moved to close the public hearing. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 In response to a question from Commissioner Friel, Mr. Burkards stated there are Tax Increment Funds available as previously discussed with the City Council in September. Commissioner Koll noted her concerns for parking and that recently she noted cars were parked in the street near VGC. Mr. Burkards responded the VGC parking lot had recently been paved and there was no parking allowed until they closed on the building. Commissioner Tilsen moved to recommend the City approve the preliminary plat with the following conditions and one option: 1. That the road right-of-way be revised to eliminate the bubble effect at the Associated Bureau's entrance and provide for truck turning radii around the 90 degree corners, for approval by City's Engineering staff. 2. That appropriate easements for drainage and utilities will be secured as additional lots are developed. 3. The Council consider, as an option, that Commerce Drive be installed concurrent with development of Associated Bureaus. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 October 27, 1992 Page 11 MISCELLANEOUS Commissioner Friel stated he had noticed a resident of Bridgeview Shores was doing some chain sawing near the wetlands. He suggested the City should advise new residents of the restrictions of removing vegetation and constructing around wetlands areas. Public Works Director Danielson stated he concurs with Commissioner Friel in his recommendation. Commissioner Friel further stated Mr. Mazzara's development request does not comply with the Planned Unit Development process. He stated he would like to see the PUD requirements met and that Mr. Mazzara should abide by those requirements. Chair Dwyer informed City staff Mr. Mazzara should be notified of information he is lacking before returning to the Planning Commission in November. Administrative Assistant Batchelder stated City staff reviewed the information submitted by Mr. Mazzara and he noted Mr. Mazzara did submit the information as requested. Administrative Assistant Batchelder reminded the Commission of the November 9, 1992 Superbiock meeting being held by City Staff and Planner Uban. ADJOURNMENT There being no further business, the Planning Commission adjourned their meeting at 9:50 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary