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1990-04-24 Planning Comm MinutesCITY OF. MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES April 24, 1990 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 24, 1990, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Morson called the meeting to order at 7:34 o'clock P.M. The following members were present: Morson, Koll, Dwyer, Dreelan, Duggan and Tilsen. Commissioner Krebsbach was excused from the meeting. Also present were Public Works Director Jim Danielson, Planning Consultant Howard Dahlgren, Administrative Assistant Kevin Batchelder and Parks and Recreation Chairperson John Huber. APPROVAL OF MINUTES AYES: 6 NAYS: 0 CASE NO. LOVING - VARIANCE AYES: 6 NAYS: 0 Commissioner Koll moved approval of the March 27, 1990 minutes. Commissioner Dreelan seconded the motion. 90-11: Mr. James Loving, 672 Cheyenne Lane was present to discuss with the Commission his request for a side yard setback variance to construct a four season porch. He stated that he has obtained signatures of consent from his neighbors. Chairperson Morson inquired if the signatures included the neighbors to the south of Mr. Loving since they are the ones who will be most impacted by the addition. Mr. Loving answered that the neighbors to the south are included on the list. CASE NO. 90-12: JA DEVELOPMENT - WETLANDS PERMIT Commissioner Dwyer moved to recommend that the City Council approve an eight foot (8') sideyard setback variance. Commissioner Duggan seconded the motion. Mr. Bob Brasch, representative from JA Development, was present to discuss their request to allow construction of a home within a Wetlands District boundary. He stated that the proposed home will be located on Lot 6 and 1/2 of Lot 5, Block 1, Tilsen's Highland Heights Addition. In response to a question from Chairperson Morson, Mr. Brasch stated that there will be two soil boring tests done. He stated that fill will be brought in since the poor soil will be removed. He stated that Twin City Testing will be testing the soil conditions. April 24, 1990 Page 2 Public Works Director Danielson stated that the drainage on the lot is adequate and that the drainage will drain away from the old Wetlands. Mr. Brasch stated that they plan on keeping the wooded area on the lot and that they will not be moving fill into the Wetlands area. In response to a question from Commissioner Duggan, Mr. Brasch stated that at this time they are not planning to remove any trees and that JA Development will work with the City to determine the best drainage plan for this lot. Commissioner Koll questioned what would happen if there was an excess of water flow - such as a 100 year storm. Mr. Brasch responded that drainage would flow away from the area and that particular problem would be an exception since any other home could have a problem based upon those conditions. He reiterated that that is why testing of the soil is being done, so that they can remove the poor soil to help prevent erosion. Commission Duggan questioned if inspections are done during the process of construction relating to soil testing and foundation. Public Works Director Danielson confirmed that inspections will be done. Mr. Brasch also confirmed that the footing inspection will have to be done by an independent inspector. Public Works Director Danielson explained that independent inspectors will certify the inspection and send notice to the City inspectors. Commissioner Duggan moved to waive the public hearing and to recommend to the City Council that they grant a Wetlands Permit to construct a home on Lot 6, and 1/2 of Lot 5, Block 1, Tilsen's Highlands Heights Addition. Commissioner Koll seconded the motion. AYES: 6 NAYS: 0 CASE NO. 90-10: Chairperson Morson opened the meeting for LAVIGNE - the purpose of a public hearing to discuss MINOR CUP a request from Ms. Margaret LaVigne for a minor conditional use permit to construct a six foot (6') fence around a proposed pool. He explained that the previous owners of the lot had obtained a Minor Conditional Use Permit for a split rail fence conditioned upon the height of the fence not exceeding 42". April 24, 1990 Page 3 Ms. LaVigne, 1090 West Circle Court, was present to discuss her request. She stated that she has done some research regarding chemicals used in pools. She stated that she will be using a chemical called Baquacil instead of chlorine. She commented that Baquacil is much better as far as the environment is concerned. She further commented that she plans on back washing into her backyard but if there is a concern with the process she would be willing to use a hose and drain the water into the sanitary sewer system. Commissioner Dwyer stated his concerns regarding the fence. He questioned the sound protection of the fence and wondered if the neighbors are opposed to the fence. Chairperson Morson questioned if she has considered using a different type of fence other than a solid board fence. Ms. LaVigne answered that she would like to have spaces in between the boards and that she does not want a solid board fence. She stated that she will discuss that with her contractor. Commissioner Duggan asked if the City incurred any expenses in publication fees and postage fees. Public Works Director Danielson confirmed that there were publication and postages costs. Commissioner Duggan stated that the applicant should be responsible for paying those costs. Commissioner Tilsen expressed his concerns for noise problems relating to the fences. He stated that there are no neighbors across the street from the LaVigne's and that he has no problem with this request. Commissioner Tilsen further commented that he does not want to start setting precedents regarding future fence requests. Chairman Morson pointed out that each fence request is an isolated incident with respect to neighbors and traffic. Chairperson Morson then opened the meeting to the public. There was no one present to discuss the request. Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 AYES: 5 NAYS: 1, Morson CASE NO. 90-09: GESELL - SUBDIVISION April 24, 1990 Page 4 There was a brief discussion regarding the opacity of the fence and the location of the fence. Commissioner Dwyer moved to recommend to the City Council that they amend the existing Minor Conditional Use Permit to allow an extension of the fence height from 42" to six feet (6'). He further moved that Ms. LaVigne is to reimburse the City for postage and publications cost with an amount no greater than $35.00 Commissioner Duggan seconded the motion. Chairman Morson opened the meeting for the purpose of a public hearing to discuss a request from Mr. R. James Gesell for the subdivision of his lot. Mr. Paul McGinley, from Paul McLagan and Son Land Surveyors, was present to discuss the request. Mr. McGinley explained that Mr. Gesell owns a 7.15 acre lot that he would like to subdivide into two lots. Mr. McGinley explained that the lot is in the R-1A Zoning District and once subdivided into two lots, the acreage will still remain in excess of the R-1A Zoning requirements. Mr. McGinley explained that the proposed house on Lot 2 is in excessive of 100 feet to the wetlands. Mr. McGinley stated that a variance is required because the lot does not have 150 feet of frontage from the street. Mr. McGinley explained that there is a private street easement from the property to Dodd Road. Mr. McGinley briefly discussed the possibility of a future street system for the new addition to accommodate future subdivisions. Mr. McGinley explained that he prepared, as suggested by Planner Dahlgren, a street circulation plan for the neighborhood. Mr. McGinley stated that a suggestion of dedicating a street along the south 30 feet of lot 1 would be unnecessary and useless in the future. Planner Dahlgren stated that he concurs with Mr. McGinley and that the proposal, as submitted, will work just fine for the area. In response to a question from Chairperson Morson, Mr. McGinley stated that the lots are on an Auditor's Subdivision. He explained that Auditor's Subdivisions were used years ago to accomplish what April 24, 1990 Page 5 subdivision would accomplish today. In response to a question from Commissioner Tilsen, Public Works Director Danielson stated that an easement should be provided across the properties for the eventuality should public utilities be installed. He stated that they would be able locate utility easements. Chairperson Morson asked Mr. Gesell if he would be willing to allow, in the future, a utility easement along Lot 1 to serve Lot 2. Mr. Gesell stated that he has no problem with dedicating the public utility easement. Commissioner Dwyer questioned what purpose the 150 foot building line serve. Planner Dahlgren stated that that compares to the 100 foot lot width requirement for the R-1 Zone in the City. Chairperson Morson then opened the meeting to the public. Ms. Kathleen Ridder, Dodd Road, was present to review the proposed plans. She stated that she has no problem with the proposed subdivision. Commissioner Dwyer moved to close the public hearing. Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 0 Commissioner Dwyer moved to recommend to the City Council that they approve the preliminary plat and a variance to the required 150 foot of frontage along a public street subject to the provisions of a public utility easement along Lot 1. Commissioner Koll seconded the motion. AYES: 6 NAYS: 0 CASE NO. 90 -03: CENTEX HOMES - REZONING, PREL. PLAT, CUP FOR PUD, WETLANDS April 24, 1990 Page 6 Chairperson Morson opened the meeting for the purpose of a public hearing to discuss a request from Centex Homes for Rezoning, CUP for PUD, Preliminary Plat Approval and Wetlands Permit for the second phase of Kensington. Mr. Dick Putnam, part applicant and part owner of the land that is in question, briefly reviewed the information submitted to the Planning Commission. Chairperson Morson stated that there have been meetings held between Mr. Putnam, Centex Homes and Mr. Jerry Duffy, legal counsel representing the residents surrounding the proposed project. He noted that there have been a few changes made to the sketch plan since the last meeting and he asked for an explanation of those changes. Mr. Putnam stated that he had contacted Mr. Duffy and they agreed to meet. He stated that the meeting was held at the City Hall and he explained that people in attendance included Kevin Batchelder, Administrative Assistance, Kevin Clark and Tom Boyce both from Centex, Jerry Duffy, legal counsel and himself. He explained that any residents were welcome to attend the meeting and that they would be happy to talk to them. He stated that there were three issues that were discussed. He stated that traffic impact on Delaware Avenue and Mendota Heights Road was discussed. He explained that the discussion was not only the traffic impact of the proposed development but of the entire Southeast Area, i.e., Northwest Airlines, Cray Research. He stated that they discussed the issue of a proposed interchange at Delaware Avenue and I -494. He further explained that they discussed the land use planning issue, i.e., transition of buildings and buffer. He explained that the issue of density was discussed. He stated that this topic was difficult for both parties. He stated it was hard to get a handle on what was meant by a reduction in density. He explained that Mr. Duffy did not April 24, 1990 Page 7 represent a number, but rather a statement of a "substantial decrease" in density. Mr. Putnam stated that at that time they were unable to determine the reasons for such a reduction. He stated again that they did not come away from the meeting with a particular set of directions relating to density. Mr. Putnam explained the buffer issue and making changes to provide a transition from the Hampshire single family homes to the condominiums. He stated that berming and plantings will occur to provide buffering. He stated that building an 8' to 10' berm would be easy to do and that he would do that. He stated that this will provide a good separation from the street and the single family uses to the north. He stated that they feel that this plan is very reasonable. He further explained that in discussing with Mr. Duffy, he stated that there was nothing pointed out to him that specifically addressed why the plan is inferior or a "bad plan". He further commented that they feel it is an excellent plan and that the City thought that when they approved the sketch plan. He stated that the only changes between the sketch plan and the plan submitted tonight were to make accommodations to make the park work better. Mr. Putnam stated that they are unable to respond to the density question of changing a significant amount of a multiple family use in an effective way because what it entails is changing the comprehensive plan from what is there today. He also stated that it would affect the park land dedication dramatically. He stated that the City went through a lengthy process in 1985 and that there was a tremendous amount of input. Mr. Putnam confirmed the fact that the residents in Hampshire/Copperfield Additions were not apart of the discussions in 1985. He stated that the residents of the additions would not be here today if those discussions had not taken place. He further stated that the developer April 24, 1990 Page 8 cannot change the City's comprehensive plan. He further discussed the research the City has done for the needs of parks, and ballfields. Chairman Morson discussed with Mr. Putnam that in his transition improvements, there would be eight less units of coach homes and Mr. Putnam concurred. He stated that there would be an additional 12 units of townhouses and a reduction of 20 condominium units on the plan. Mr. Putnam stated that they inadvertently did not include the garage details to the Commission. He explained the details of the garages and stated that they are similar to the buildings. He stated that the garages would be 22 x 22 per garage. Public Works Director Jim Danielson explained that at the request of the developer and the resident's attorney the City has partially completed a traffic impact study. He explained that the traffic had been counted on Mendota Heights Road and Dodd Road in July of 1989. He stated that the City called Mr. Jack Anderson who did the traffic study in conjunction with the Southeast Area Study to update his study based on the current proposal. He explained the report submitted by Civil Engineer Eckles. He explained the maximum numbers possible using the different schemes in figuring those numbers. He stated that the numbers are less than what Mr. Anderson analyzed as a result of Planner Howard Dahlgren's report with one exception, that is if all the land is developed using single family homes. Mr. Danielson further discussed the traffic at Mendota Heights Road and Dodd Road intersection. He briefly discussed the possibility of having traffic jams at that intersection sometime in the future as a result of the extra traffic. He stated that that condition was pointed out in the City's ISP report. He stated that condition would occur only if no other improvements were to be constructed at that intersection. He stated that Mr. ) April 24, 1990 Page 9 Anderson suggested two improvements. He explained that there are two improvements the City could make to address the problem, installing a left hand turn lane and installing signal lights. He further explained that intersection is not under the City's jurisdiction, it is under the State's. He stated that the City has petitioned the State to install signal lights, and the State has denied the requests. He stated that the City does agree with the traffic engineer's analysis and that the City will continue to work with MnDOT to have the signals installed at the appropriate time. Commissioner Tilsen questioned if that particular intersection would qualify as a school crossing. Public Works Director Danielson responded that that was the justification that the City submitted to the State on the first two requests. Commissioner Dwyer questioned what the density calculation for the MR PUD and the HR PUD. Mr. Putnam stated that the density on the entire site is 4.8 units per acre which includes the single family, townhouses and multi-family which is based on 431 units. He stated that the eight units less is not a major change that responds to the density questions. He stated that the density is within and under all of the previous approvals and that is what they have tried to do all along. Administrative Assistant Batchelder stated that the changes in the density are all within the MR-PUD Zone which runs down the center line of where the power lines are. He stated that prior to the amendments there were 199 units on 58.2 acres which includes the park land within the MR-PUD Zone. He explained that the density was 3.42 units per acre. He explained that there are eight less units which would be 191 units on 58.2 acres for a density of 3.27 units per acre. He explained that the HR-PUD density does not change. He stated that it is 232 units on 28.19 acres or 8.23 units per acre which also includes the April 24, 1990 Page 10 park land south of the easement. He stated that the overall density does not change much. Commissioner Dreelan questioned what the walkways would be made of and who would be maintaining them. Mr. Putnam explained that the walkways along the public street would be either a sidewalk or a bituminous path. He stated that that will be decided between the Parks Commission and the City and that the costs will be assessed against the road. He explained the walkways within the park. He explained the private sidewalk and who would maintain them. In response to a question from Commissioner Dwyer, Mr. Putnam stated that there are covenants for Hampshire Estates. He further stated that they are proposing covenants for the new addition. Mr. Boyce stated that the single family homes would be similar to Hampshire Estates. Mr. Putnam stated that scenic easement provisions will be added to the covenants for the proposed single family homes. He explained that the terrain is much different than Hampshire Estates. In response to a question from Commissioner Dwyer, Mr. Boyce explained that the covenants for the townhomes and coach homes are fairly similar. He explained that the By Laws had been submitted earlier. Mr. Clark stated that By Laws change based upon State Statutes. As requested by Chairperson Morson, Mr. Putnam explained the timelines for the park construction. He explained that it could take four to five years to develop the land. He explained that the Copperfield Addition was started in 1985 and still has 15 to 18 lots left to sell. Chairperson Morson questioned who is responsible for maintaining the undeveloped land. Mr. Putnam stated that the property owner would be responsible and in this case it would be Centex. Chairperson Morson questioned what guarantee does the City have to see the completion of this development. Mr. Aoril 24, 1990 'PaSP 11, Putnam stated that that is a legal question. Mr. Putnam stated that the plans that are approved or agreements that are signed by Centex are binding on anyone that might take over either in a case of foreclosure or sale of property. Chairperson Morson inquired about the financial structure of the development. Mr. Boyce stated that it is not their intent to propose a project and not build it. He further explained that they will have to pay assessments and taxes just like everyone else. Mr. Boyce stated that right now there is no construction finances on this project. Chairperson Morson questioned if Centex would furnish a Performance Bond on the entire project and Mr. Boyce answered no. He stated that he would not advise it. He stated that if Centex was doing the public improvements he would not have a problem with that. Mr. Putnam explained his property and how he purchased it. Chairperson Morson stated that he is satisfied with the plans and that there are good conditions. He explained that he was brining up these points so that the residents would recognize that there are a lot of concerns with a development of this magnitude. Commissioner Duggan questioned whether a sign would be constructed indicating the magnitude of the development so that the future residents will not be mislead. Mr. Putnam stated that they could do that but that he is not sure how successful that would be. He further commented that there has to be an approved project before a sign is constructed. Commissioner Duggan stated that he is looking for offset of any future unhappiness by publicizing the development with a sign. Mr. Boyce stated that is why they have the people sign, in writing, acknowledging they are aware of the multi-family proposal. Commissioner Duggan stated that many of the people have indicated to the Commission that when they came to the City Hall to look at plans, they saw existing plans and not potential future April 24, 1990 Page 12 plans. He stated that those residents felt that that was somewhat misleading. Mr. Boyce stated that they want to be sure that the people are informed as well. Commissioner Dwyer inquired about the Delaware Avenue and I-494 interchange. Mr. Putnam stated that that has been brought to his attention by people who live on Delaware Avenue. He stated that the City of Mendota Heights is on record opposing the interchange along with Sunfish Lake. Commissioner Dwyer asked what Centex's position is on the interchange and Mr. Putnam answered that they have opposed it all along. Commissioner Dwyer stated that if there is existing pressure to put an interchange at that location that pressure is going to increase dramatically with an additional 400 families in the area. Mr. Putnam stated that the interchange has nothing to do with Mendota Heights. In response to a direction by Chairperson Morson, Planner Dahlgren explained briefly that Centex Homes has tried to work closely with the City to achieve their joint objectives. He explained that an objective was to achieve significant parks space in the southeast portion of the City. He further explained the dedication of park land by the developer. Planner Dahlgren briefly explained other planned unit developments in the City. He further explained the proposed development with regards to the density. He explained that by moving the density around we are then able to conserve the larger open spaces for the overall benefit of the people who are going to live here and the City as a whole. Planner Dahlgren briefly explained the rezoning issue. He stated that it has always been anticipated that along 1-494 that there will not be single family homes. He stated that the City left the zoning single family until there was freeway acquisition. He explained that April 24, 1990 Page 13 the comprehensive plan was amended based upon the new densities which were established according to the Metropolitan Council procedures which was all setup by State law. He further explained that the density level is very difficult to change because hearings were held and that the process has gone over a period of time. Planner Dahlgren further explained that townhouses are very compatible with single family homes if they are done well, which he stated, in this case is. He briefly discussed the traffic concerns. He stated that the traffic will work based upon the research that was done. He further explained that the development done this way will not have a deleterious affect on people living north of Mendota Heights Road. Planner Dahlgren briefly explained the Delaware Avenue/I-494 interchange. He explained that that interchange is out of the question. He discussed briefly the City of Mendota Heights' opinion on the interchange. He further commented that we can be reasonably be assured that at some point in time there will be improvements to the Dodd Road and 1-494 interchange. In conclusion, Planner Dahlgren stated that the densities are all relatively low. He stated that normal multi-family housing in the Twin Cities is about 15 units per acre. In response to a question from Commissioner Tilsen, Planner Dahlgren explained the amount of acres that Northwest and Cray Reserach has in Eagan. He explained that the amount of traffic will be considerable. He stated that the traffic in Mendota Heights is nothing by comparison. Commissioner Tilsen stated that he wanted to convey to the residents that the traffic in Eagan is several fold more than the traffic on Mendota Heights Road. Commissioner Duggan questioned where else the City of Mendota Heights plans to provide parks so that we attain the April 24, 1990 Pa5e 14 original Comprehensive Plan calling for 289 acres of park land for a population of between 11,000 and 13,000. Planner Dahlgren briefly explained the tremendous demand for parks in the City due to the increased popularity in soccer and softball. He explained the process that the City has worked through to obtain those parks. Planner Dahlgren stated that the Parks Commission is looking at other options with a consultant to look at additional park land. Commissioner Duggan questioned what recreational provisions, if any, are making for this development. Mr. Putnam stated that there are a number of them. He stated that they made a decision by talking with the City. He stated that they made a judgment based on the comprehensive plan which stated that the City needs a park in the southeast area. Chairperson of the Parks and Recreation Commission John Huber explained that the City of Mendota Heights has numerous neighborhood parks. He explained that Mendota Heights has one active adult softball field. He further explained that an agreement has been worked out with Sibley High School where some of the park referendum funds are being used to develop a piece of land at the intersection of Marie Avenue and Delaware Avenue. He explained that that facility will be shared between the School District and the City. He further explained that when the study was done for parks the feeling was that ultimately Mendota Heights will need three adult size ball field complex. He explained a possibility of another site on Dodd Road south of Mendakota Country Club. He further explained that any other sites are extremely expensive. He stated that the land is going fast. Commissioner Duggan read several paragraphs from the Land Use Plan from the Comprehensive Plan of 1979 explaining that there is a need for larger open recreation areas within the City. He questioned whether the City should be making decisions in relation to April 24, 1990 Page 15 this land in giving it away to condominiums and townhouses until we are certain that we do have some land to meet the needs of the community as are expressed in the Comprehensive Plan of 1979. In response to a question from Commissioner Dwyer, Public Works Director Danielson stated that there is one baseball field, one soccer field and two full size baseball diamonds at the Sibley Park site. He further stated that the facility should be available for use next spring or summer. Chairperson Morson then opened the meeting for public discussion. Mr. Jerry Duffy, attorney representing the neighborhood, stated that he attended the meeting with Mr. Putnam and City staff members. He stated that it does not surprise him that some of Mr. Putnam's recollections are not the same as his own. He stated that it was their decision to not have members of the neighborhood attend the meeting between himself and the Mr. Putnam and that he had made that point to begin with. He stated that it was the Planning Commission's charge to go back and come up with another plan and to meet with the neighbors to talk about it and there was no other plan to talk about. He stated that another plan was given tonight which is the equivalent of not giving us the opportunity of looking at and talking about it as a group and trying to decide if there are portions of it we can support or not. He stated that it has been a waste of a month in terms of what he understood what the Planning Commission to have in mind when it told us to go out and take part in that process. He stated that that process simply did not work. Mr. Duffy stated that one of the concerns that he had talked about was density. He stated that he did say that it was too dense. He stated that the developer wants to be able to use all of its land and the City of Mendota Heights wants to April 24, 1990 Page 16 get some park land and not pay for it. He stated that the only way that the two lines can cross is if somebody looks the other way in terms of how the planning process works. He stated that the density does not meet the Comprehensive Guide Plan. Mr. Duffy referred to a staff memo dated April 19, 1990. Mr. Duffy explained that Mr. Putnam stated that any significant decrease in density would entail a significant reduction of the non required park dedication area. Mr. Duffy further stated that Mr. Putnam has indicated that he will not prepare any plans showing these types of reductions. Mr. Duffy stated that he is not blaming the developers because they have land and they want to be able to get the value out of the land. He stated that the City is saying that they want the developer to give the City the land. He stated that it is not eight units per acre. He stated that it is only eight units per acre if you include all of the park. Mr. Duffy stated that he did not say that there were 10,000 cars out on the streets today. He stated that the plan states there is going to be 12,000 cars and that there is going to be a level of service F. He stated that with the neighborhood traffic plus park traffic there is going to be a lot of people. He stated that his question, at the meeting with Mr. Putnam and City staff, was when are the improvements planned. He stated that his question was answered by saying there is no plan. Public Works Director Danielson stated that a light is planned for Dodd Road and Mendota Heights Road and that the infra structure is in place for installing the light at such time when it is warranted. Mr. Duffy referred to a letter sent from the City of Eagan to the Mendota Heights City Administrator. He summarized the letter stating that the land development in the southeast area of Mendota Heights and the northeast area of Eagan may be jeopardized when the two Cities fail to cooperatively prepare for long term April 24, 1990 Page 17 transportation plans for supporting the roadways at Mendota Heights Road and Dodd Road. He stated that that letter was sent in 1987 and nothing has been done. Mr. Duffy stated that the City is getting free parks on the backs of the Copperfield/Hampshire residents. Mr. Duffy stated that they have suggested to come up with a less dense unit and bring in some more single family units and there will be more people who are supportive of the plan. In conclusion, Mr. Duffy stated that the plan is a poor exchange in a month's time. He stated that he is not blaming the developer because he thinks that the developer is ham strung by its need to get its value out of the property. Mr. Jim Losleben, 815 Hazel Court, stated that he has been a resident for 21 years and has served on the Mendota Heights City Council in the past. He stated that this plan is not a community plan. He stated that there have been amendments to the Comprehensive Plan since 1979 and that every time a developer wanted to change something the City has changed the Comprehensive Plan. He stated that this is spot changes to the Comprehensive Plan and that he does not like it. He questioned who is supporting the Comprehensive Plan. Michael Gannon, Copperfield resident, stated that the residents are tax payers and that they have invested a lot of money. He stated that he would not have moved into Mendota Heights had he known that this was going happen. He stated that he is opposed to $60,000 condominiums next to $200,000 to $400,000 homes. He stated that he does not think that anyone would be here tonight if $150,000 condominiums were planned. He further stated that the residents are not being represented on this issue. Duncan Baird, Mayor of Sunfish Lake, stated that he is concerned with the potential traffic on Delaware Avenue. He April 24, 1990 Page 18 stated that the roads in Sunfish Lake are not designed to handle heavy traffic. Dan Nichols, Hampshire Estates resident, stated his concerns for traffic on the residential streets. He further commented that there is little support amongst the neighbors for the park land use. Parks and Recreation Chairperson John Huber explained that a large citizen group decided that ball fields were needed. He stated that when the bond referendum was passed, Copperfield residents voted overwhelming for the park referendum. He explained that fliers were sent to all residents in the City. Bernard Friel, Mohican Lane, stated that the density was set in stone in 1985, when the first referendum was brought to the residents. He stated there were densities built into the Developer's Agreement with respect to the first bond issue. Commissioner Dwyer questioned the safety issues with regards to the park plan. Mr. Putnam stated that those concerns were not discussed at the meeting. Mr. Pacdernick, Hampshire Estates resident, stated that he raised the concerns of safety with regards to the concentration of a great deal of people in the parks. He stated that it is a secluded area. He questioned what has been done to increase the level of security. Mr. Clark responded that he was before the Council a year ago requesting lights and that it was the Council's desire to not have lights. Mr. Putnam pointed out an April 18, 1990 memorandum from Police Chief Delmont. Mr. Danielson stated that the Police Chief has looked at the situation and that he does not agree with Mr. Pacdernick. Mr. Putnam briefly summarized the memorandum from Police Chief Delmont. Commissioner Duggan stated that Police April 24, 1990 Page 19 Chief Delmont suggested that all common parking areas (near garages) should be lit with flood lights and that all parking lots adjacent to recreation areas should receive particular attention. Commissioner Duggan questioned what the Police Chief was referring to. Commissioner Duggan stated that the Met Council has indicated that this area is not suitable for single family dwellings. He further commented that he questions what makes this area more suitable for multi-family dwelling. He further stated that this area is more suitable for parks. Commissioner Dwyer questioned the impact of putting 500 additional families under the air corridor. Mr. Losleben questioned how many units are planned for the entire area between Delaware Avenue, Dodd Road, Mendota Heights Road and 1-494. Planner Malloy answered 1,458. Chairman Morson stated that the City is not planning that number. He stated that the Comprehensive Plan would allow that amount. Commissioner Duggan stated that the City is working at a "break neck" pace. He further commented that Mendota Heights is going to be like West St. Paul if we keep going at this rate. Commissioner Dreelan questioned the possible need for adding a school. Planner Dahlgren briefly responded that the School District has retained a site at Mendota Heights Road and Huber Drive. He stated that they are keeping the site in the event that another school is needed. Planner Dahlgren further commented that the 1,458 units in the southeast area of town, included all the single family homes in Copperfield. He further stated that the total number from Delaware Avenue to Dodd Road, south of Mendota Heights Road would be 1,007. He stated that at the rate we are developing, we will be far below that figure. April 24, 1990 Page 20 A resident expressed his concerns regarding the traffic and his concerns for the softball fields. Bernard Friel stated that when the southeast area study was done it showed the 40 acres adjacent to the school site as park area not single family dwellings. He stated that that was in the computation when the densities were computed for the southeast area. He commented that everybody likes to over look that. A resident from Hampshire estates expressed her concerns over the possible increase in property taxes. Administrative Assistant Batchelder stated that the former City Administrator did a Municipal Services analysis on tax impact caused by the increase for the need of police and fire service and road improvements. He stated that the report concluded that there will be sufficient tax revenue from the development to pay for the extra services demanded. Lou Shatz, Sunfish Lake resident, stated her concerns for the impact on schools. She stated that all of the schools are jammed with kids. She stated that townhouses generate almost as many kids as single family dwellings. Ron Smith, Hampshire Estates residents, stated that high density development increases tax rates. He stated that this development will increase the tax base in this community. Tim Ridley, Hampshire Estates resident, asked what the benefit of this development for the City of Mendota Heights is, other than the benefit to the developer. Jim Losleben asked what right the developer has to increase the density so that they can make a profit. William Pilla, Copperfield resident, stated that if you poll 99 percent of the people in Mendota Heights they would AYES: 6 NAYS: 0 April 24, 1990 Page 21 probably be against this development. He stated that people do not want the park as it stands like this. He further commented that philosophically there is something wrong with this plan. Daryl Robertson, Copperfield resident, stated that he voted for the parks because he thought it was going to remain as open space. He stated that he would rather see parks than homes. Mr. Duffy stated that typically more dense uses do not carry their fair share of the burden in terms of the taxes. Alan Vernon, Hampshire Estates resident, stated that the duty of the Planning Commission is to examine the zoning request. Commissioner Duggan moved to close the public hearing. Commissioner Dwyer seconded the motion. Commissioner Duggan moved to recommend to the City Council that they deny the request of rezoning, CUP fc PUD, Preliminary Plat and Wetlands based on the following finding of facts: 1. There is no community support for this project. 2. The plan is contrary to the Comprehensive Plan of 1979. 3. Density is ridiculously skewed. 4. Plan presented to the Commission is not harmonious to the neighborhood and the community. 5. Does not show any proper buffering on the freeway side and on the other side. 6. The plan requests more than a heavy infringement on wetlands which it also will likely use to make the apartments, condominiums or townhouses more acceptable. 7. An inadequate use of lands in light of City needs for parks and ball fields. 8. There is an unresolved question of safety of parks ) next to a freeway. 9. The area is not suited as indicated by Met Council for single family dwellings. 10. Comprehensive Plan calls for a certain number of units at certain times. He stated that we are currently beyond the requirements of our comp. plan and to move into a decision that is favorable would put us bottom heavy in units. Commissioner Dwyer offered a friendly amendment stating that the proposal will lead to a heightened air traffic problem in Mendota Heights. It will lead to a development of an interchange at Delaware Avenue and 1-494. He stated that he is concerned for the safety of children that will be lured to the ball fields. He further commented, with all due respect to the amount of work the Parks and Recreation Commission have put into the parks plan, that we are permitting the "tail to wag the dog". He further stated that we should not be blinded by our concerns for parks. Commissioner Dreelan offered a friendly amendment stating that there is a concern for the overcrowding of the schools. Commissioner Tilsen offered a friendly amendment stating that the developer failed to give the community an opportunity to react to the changes , submitted tonight. Commissioner Duggan accepted the friendly amendments and added to his motion that the development is contrary to, or opposes, the mission statement of the community. Commissioner Dwyer seconded the motion. AYES: 5 NAYS: 1, Morson ADJOURNMENT: Commissioner Dwyer moved to adjourn the meeting at 12:05 o'clock A.M. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Respectfully submitted, Maulv,WcarLii, Kimberlee K. Blaeser Senior Secretary