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1990-03-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA Planning Commission Minutes March 27, 1990 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 27, 1990, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Morson called the meeting to order at 7:30 o'clock P.M. The following members were present: Morson, Koll, Dwyer, Dreelan, Krebsbach, Duggan and Tilsen. 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 Commissioner Koll moved approval of the MINUTES February 28, 1990 minutes. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 CASE NOS. 90-07 AND 90-08 - HEAVER DESIGN & CONSTRUCTION Mr. Keith Heaver, Heaver Design and Construction, was present to discuss his two requests for Wetlands Permits for Lots 1, 2, 15, 16, Block 2, T.T. Smith's Subdivision No. 3 (McManus) and for Lot 4, Block 2, Ivy Falls Creek Addition. Mr. Heaver presented site plans to the Commission. There was a brief discussion on each application regarding yard elevations and slope locations. CASE NO. 90-07 - Commissioner Koll moved to waive the public MCMANUS hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Koll moved to recommend to the City Council that they approve the wetlands permit for construction of a single family home on Lots 1, 2, 15, 16, Block 2, T.T. Smith's Subdivision No. 3 conditioned upon no fill being imported north of the lot and not beyond the 880' contour as referred to on the submitted drawings. Commissioner Krebsbach seconded the motion. AYES: 7 NAYS: 0 CASE NO. 90-08 LOT 4, BLOCK 2 IVY FALLS CREEK ADDITION AYES: 7 NAYS: 0 AYES: 7 NAYS: 0 CASE NO. 89-40 FRYE - CAO VARIANCE HEARING March 27, 1990 Page 2 Commissioner Tilsen moved to close the public hearing. Commissioner Dwyer seconded the motion. Commissioner Dwyer moved to recommend to the City Council that they approve the Wetlands Permit for the construction of a single family home on Lot 4, Block 2, Ivy Falls Creek Addition with the condition that no fill will be brought in beyond the existing 864' contour. Commissioner Duggan seconded the motion. Chairperson Morson opened the meeting for the purpose of a public hearing to discuss a request from Mr. Richard Frye for a Critical Area Variance to construct an enclosed pool addition. Mr. Richard Frye, 1845 Hunter Lane, stated that the plans have been revised using two previous objections in mind. He stated that the setback on the south side is now twenty feet (20') and the addition now minimizes the obstruction of his neighbors to the south. In response to a question from Chairperson Morson, Mr. Frye stated that the exterior material used for the addition will be the same material used on his home. Commissioner Tilsen expressed some concern with respect to runoff from the pool. He questioned if the runoff will be connected to the sanitary sewer system. Mr. Frye stated that he was unsure if the pool runoff will flow into the sanitary sewer and that he would comply with the City requirements if so needed. He further stated that the spa would be connected to the sanitary sewer system. Chairperson Morson commented that the runoff will actually be on Mr. Frye's property since he owns the land down to Highway 13. Mr. Frye concurred. Commissioner Dwyer questioned whether the neighbors to the south would be able to see the swimming pool. Mr. Frye stated that his neighbors would be able to see the northwest portion of the structure but that it is no longer a direct obstruction. March 27, 1990 Page 3 Mr. Frye commented that they would be losing a sunroom. Chairman Morson commented that they have done a lot to alleviate the problem. Commissioner Duggan stated that he had visited the site and that the obstruction of view is minimal. He stated that by cutting of the angle they have provided the Katz's with the best possible solution. He stated that they are giving up a lot by eliminating the sunroom. Commissioners Duggan and Koll commended the Frye's on their solution. Chairperson Morson then opened the meeting to the public. Mr. Erik Miller, attorney representing the Katz's (neighbors to the south), stated that the Katz's have come up with three conditions that they would like to see the Frye's comply with. 1. Exterior material match the existing home. 2. No planting of trees to block view. 3. Pitch on roof be changed from 3:12 to 4:12. Mr. Miller further stated that the Katz's would like to see the property problem between them and the Frye's resolved. Chairperson Morson questioned whether the change of the roof pitch would be a reasonable condition. Mr. Esch, Architect for the Frye's, stated that they have already lowered the pitch and that if they lower it anymore it would affect the Frye's view. Mr. Mark Hamiel, attorney representing the Frye's stated that the Frye's will be matching the exterior material to the existing house. He stated that the tree condition is unnecessary because they do not want to block the view. He further reiterated what the Architect stated about the change of the roof pitch. He further explained that the Frye's have had no opportunity to review the proposed agreement submitted by the Katz's since it was just submitted to them and that they will find a common ground. He further stated that this problem is not germane to this proposal. Commissioner Krebsbach questioned the height of the pool addition and asked what March 27, 1990 Page 4 it was before. Mr. Esch responded that the westerly wall is sixteen feet (16') and that it was two stories. Commissioner Duggan moved to close the public hearing. Commissioner Dwyer seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan moved to recommend to the City Council that they approve the Critical Area Variance of twenty-two feet (22') to the bluffline. Commissioner Koll seconded the motion. Commissioner Tilsen offered a friendly amendment stating that fill should not be placed within twenty-two feet (22') of the bluffline. Mr. Esch responded that the fill will be removed from the site or used elsewhere on the site. Commissioner Koll offered a friendly amendment to the motion stating that the Frye's should maintain their neighbors view as much as possible by not planting trees and that low shrubbery be used. Mr. Frye stated that he will do some planting to make the area appealing. Commissioner Duggan accepted the friendly amendments. AYES: 7 NAYS: 0 CASE NO. 90-34 - Chairperson Morson called the meeting to MIST - CUP order for the purpose of a public hearing to discuss a request from the MIST Corporation for a CUP for an indoor soccer arena. Mr. Jerry Haarman, MIST, was present to discuss their revised plans with regards to the building and grading. He stated that they have opened the driveways ninety feet (90'). He explained that the building has been raised three feet (3') to the elevation of the street at the entrance. He stated that the grading in the back will be a forty foot (40') drop to MnDOT's holding pond. He stated that these revision will not cause a problem with the indoor soccer arena. He further explained that should the building be used for the office/warehouse use that retaining walls will be built on the east property line and that there would be a thirty foot (30') March 27, 1990 Page 5 wide road in the rear. Mr. Hagman stated that they have met with MnDOT to try and gain slope easements. He stated that that would be good option to solve the problem in the office/warehouse scenario. He stated that they would continue to pursue this option. Mr. Joseph Buslovich, Architect, explained the new design of the building. He explained that the panels would be 20' x 20' which would break up the building. He explained that the panels would be constructed of a rock face block, scored (smooth) block and glazed in the middle. He further stated the parapet over the office would be a prefinished metal. He explained that a 3 1/2' parapet over the soccer fields will hide mechanical equipment on the roof. Commissioner Krebsbach questioned if there are summer uses will the building be air conditioned. Mr. Haarman stated that they would put air conditioning in if the market demands it. He further stated that if air conditioning was installed that it would be surrounded by metal screening that matches the parapet. Commissioner Koll questioned why there were no private showers for the women. Mr. Hagman stated that shower facilities are rarely used in soccer facilities. He stated that they would look into it. Commissioner Koll stated her concerns about the trash room doors. Commissioner Dreelan stated that she is concerned about the parking by the front doors. She stated that she would like to see the parking eliminated and enhance the drive through. She stated that she is concerned about the children's safety. Mr. Haarman stated that the parking area is for handicap use. Commissioner Dwyer asked if staff is satisfied with the three feet (3') raise in elevation. Public Works Danielson stated that the grading plan has been improved significantly and that he is satisfied with the revised proposal. Commissioner Tilsen stated that he still sees "rip rap" areas that show little aesthetic. He asked if some other ground cover could be used. Mr. Hagman stated that would be no problem. AYES: 7 NAYS: 0 March 27, 1990 Page 6 There was a brief discussion between Commissioner Tilsen and Mr. Hagman regarding their application to MnDOT for an easement to extend grading in the right- of-way. Chairperson Morson then opened the meeting to the public. There was no one in the audience present to discuss this issue. Commissioner Duggan moved to close the public hearing. Commissioner Dwyer seconded the motion. Commissioner Duggan moved to recommend to the City Council that they approve the CUP based upon the following conditions: 1. Page 2, Number 5 of Planner Howard Dahlgren's Report as follows: a. The development will occur in accordance with the design as submitted; b. In the event that there is not adequate parking for the participartory sport use of the structure, then additional parking would be added as required by the City and as indicated on the proof of parking drawing previously submitted; c. There will be no heating or air conditioning units mounted on the roof visible from contiguous public streets; d. In the event that the building is reused for office/warehouse purposes, the alternative fascade design is implemented as submitted by the applicants and that the additional parking proposed in the parking plan submitted is effectuated; and e. Final engineering and landscape plans are subject to staff approval. 2. Expanded dropoff area be developed in front of the building. 3. To construct a three foot (3') retaining wall along the property line so as to maintain an even 3:1 slope from the property line to the back foundation of the building and to continue to work closely with MnDOT to try to acquire some of the property in the back of the building so as to give them more space to accomplish a change in grade if and when this building AYES: 7 NAYS: 0 CASE NO. 90-05 FOTO MARK, INC. CUP FOR MINING March 27, 1990 Page 7 is ever reused for office/warehouse purposes. 4. If air conditioning is installed it will be unobtrusive. 5. Security lightings are installed Commissioner Dwyer seconded the motion. The Commissioner further stated that the City Council should refer to the drawings submitted at tonight's meeting and to also refer to the samples of decorative block and green metal. There was a short recess called at 9:05 o'clock P.M. Chairman Morson called the meeting back to order at 9:16 o'clock P.M. for the purpose of a public hearing to discuss a request from Foto Mark, Inc. for a CUP for Mining. Mr. Michael Meagher, Plant Manager - Foto Mark, Inc. explained that Foto Mark has recently acquired some additional land to the west of their facility located at 2411 Pilot Knob Road. He stated that they are going to grade the area flat because they are proposing to build an addition to their existing facility. Chairperson Morson questioned the retaining walls that are shown along the boundaries on the north and south property lines. He questioned whether they could work with their neighbors in decreasing the slopes.. Mr. Meagher stated that they may raise the elevations to avoid removing that much fill. Chairperson Morson questioned if they have talked to their neighbors. Mr. Al Johnston, Foto Mark, Inc., stated that they have talked to Lloyds Meat Products and that they discussed building their slope so there is a gradual slope to eliminate the walls. Chairperson Morson then opened the meeting to the public. There was no one present to discuss this issue. Commissioner Tilsen moved to recommend to the City Council that they approve a CUP for mining with two conditions: 1. That they eliminate the retaining walls AYES: 7 NAYS: 0 CASE NO. 90-03 CENTEX HOMES - REZONING, CUP FOR PUD, PREL. PLAT, WETLANDS 2. That they slopes. Commissioner March 27, 1990 Page 8 maintain a maximum of 3:1 Dwyer seconded the motion. 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. Tom Boyce, President of the Minnesota Division of Centex Homes and Kevin Clark, Project Manger, were present to discuss Centex's request. Mr. Boyce briefly explained the C-5 plan as submitted by Centex Homes. Chairman Morson questioned if their were drawings available showing the free standing garages. Mr. Boyce briefly explained that the garages would be similar to the buildings. He also stated that the landscaping that is shown on the plans will be built and that nothing shown on the plans is for future installation. He also explained that some of the townhomes may have basements. He stated that the market demand for basements will dictate whether or not there will be basements included in the proposed townhomes. Chairman Morson questioned if there will be walkways on the public streets and also questioned the type of material that would be used. Mr. Boyce responded that the sidewalks would probably be concrete. He explained that the City would be installing these walkways. He further commented that the interior walkways would be bituminous. Commissioner Tilsen questioned if there will be underground lawn sprinkling. Mr. Boyce responded that there will be. Commissioner Tilsen questioned who will be plowing the walkways. Mr. Boyce explained that the interior walkways would be plowed by the association. Commissioner Duggan stated that he would like to review the chronology of the southeast area prepared by staff and deduce what has been left out, intentionally or unintentionally or misrepresented. March 27, 1990 Page _9 Commissioner Krebsbach questioned the layout of the 16 unit buildings. Mr. Boyce stated that the 16 unit building is on the end and that there is room to move buildings. Commissioner Dwyer had questions regarding the setbacks of the homes, siding, condominium garages and storage. Mr. Boyce explained that they will adhere to the required setbacks as directed by the City. He explained that the siding would be aluminum. He further explained that there would single car garages for the condominiums and that there would ample storage space for the residents. In response to a question from Commissioner Dwyer, Mr. Boyce stated that the City has requirements with regards to stop signs and other necessary traffic signs on Mendota Heights Road and the City controls traffic signage. Commissioner Koll expressed her concerns with regards to the quality of the exterior materials on the dwellings and she also stated her general concerns for detached garages. Commissioner Duggan questioned if Centex Homes will be complying with the air noise attenuation guidelines. Mr. Boyce stated that they will be complying with the City's ordinance. Commissioner Duggan questioned if there is greater noise in this area than originally called for in the ordinance. He questioned if Centex is measuring in decibels. Mr. Clark explained that Centex Homes has been involved with the air noise attenuation process from the start. He stated that they have consulted with MAC and that they have complied with all requirements and guidelines in submitting the plans. In response to a question from Commissioner Duggan regarding the parks that have been dedicated for the numerous additions in the southeast area, Planner Dahlgren explained the park dedication procedure. He stated that 10 percent of land is dedicated when land is subdivided or there.is an option of money in lieu of land dedication. He stated that an appropriate amount of land has been dedicated for Copperfield 1st through 4th Additions, Hampshire Addition and Bridgeview Shores. Commissioner Duggan read an excerpt from March 27, 1990 Page 10 minutes of a City Council meeting dated November 3, 1987 that stated at one point the development was 500 units on 105 acres of park, that the City would have to purchase. He further commented that the City is playing fast and lose with the comprehensive plan. Planner Dahlgren further commented that in 1987 Centex Homes presented Plan B to the City. He stated that this plan included 500 units with a park dedication of 43 acres. He stated that this park plan was presented to the citizens of Mendota Heights in a Park Bond referendum in May of 1988. He explained that this referendum failed. He further explained that Centex came back to the City with plan C that showed 563 units with a park dedication of 26 acres. This again was presented to the citizens of Mendota Heights and was then passed. He commented that Centex is trying to provide as much park land as possible. Chairperson Morson stated that he does not like the statement made by Commissioner Duggan regarding the comprehensive plan. He stated that the comprehensive plan was well thought out by the City. He further commented that Centex Homes had complied with the requirements that were set out in the sketch plan approval. Commissioner Duggan stated he was in favor of less units and more park land. Chairperson Morson then opened the meeting to the audience. A resident of Copperfield stated that she is concerned with the possible increase in class room sizes and taxes. Mr. Jerry Duffy, attorney on behalf of the neighborhood, was present to discuss the concerns of the neighborhood. Mr. Duffy stated that they do not oppose a well reasoned, well planned PUD. He stated that the quality of these plans is not in keeping with Mendota Heights standards. He further stated that the plan does not comply with two density designations. Mr. Duffy further submitted a petition against the proposed development, which was signed by area residents, to the Planning Commission. Mr. Duffy further explained the concerns of the neighborhood. He commented on how the natural terrain will be gone and that many March 27, 1990 Page 11 trees will be removed. He also asked for a traffic impact study be completed. He stated that there will be an increase in traffic and that is a major concern. Mr. Duffy further questioned the park land availability. He asked how much is park and land and how much is pond. He stated that more land could be used for parks to reduce the density. In response to a question from Mr. Duffy, Commission Duggan stated that 18 acres is land, 8 acres is water. He stated that a total of 20 acres is not water. Planner Dahlgren stated that the sketch plan was approved one year ago and the figures were analyzed. He stated that there is far more land being dedicated now than before. Mr. Duffy stated that they are arguing that there is a lot of water dedicated in this park plan and that they are wondering where the people plan on recreating since there is a lot of water. Mr. Duffy further commented on the parking concerns. He stated that the garages barely make the minimum code requirement. He questioned where the second car will be parked in a two car family. He stated that there are concerns for winter time. He wondered where the snow will be placed. He further stated that the City services would be impacted. He further questioned where the garbage would be placed. Mr. Duffy concluded that the plan is bad and questioned why it took two years to plan. He further stated again that they are very concerned with the density level and he told the Commission that they have the authority to tell the developer to go back and try again. Jill Nichols, 633 Hampshire, stated that she visited the Devonwood site in Bloomington. She stated that the structures are nice looking. She stated that there seemed to be a lot of cars and that parking is a problem. Dan Nichols, 633 Hampshire, stated that the vast majority of people impacted moved in after the decisions were made and that they have had no input. He further commented that staff has given inaccurate information. He stated that he would like to see the Commission recommend denying this plan until all issues can be studied. March 27, 1990 Page 12 Ken Brendl, 2274 Copperfield Drive, stated his concerns with regards to traffic, schools and the possible increase in the crime rate. He further commented on the possible tax base increase. Gary Berg, 2345 Copperfield Drive, stated that he is also concerned with the traffic increase and that he would like to see the density level decreased. He asked the developer to lower the total number of units. Tom Gibon, Hampshire Drive, stated his concerns with the traffic increase and the dangerous intersections. He further commented that there has been misrepresentation on Centex's part. He asked the Commission to table the issue and have the developer come back with a new plan. Raymond Berghold, 629 Hampshire, stated that he is concerned with traffic in relation to the parks. Jill Smith, 625 Hampshire, commented on the comprehensive plan and that it should be re-thought. Duncan Baird, Mayor of Sunfish Lake, stated that he is very impressed with what the area residents have to say regarding the proposed project. He stated that he too is concerned with the amount of traffic that will occur if this development is approved. He further commented that the streets in Sunfish Lake could not tolerate an increase in traffic. He stated that he is bitterly opposed to this project. Ms. Capistrant, 2466 Park Lane, questioned how many units will be homestead unit that will become rental units (referring to the existing manor homes). She also stated that the aluminum siding is nice for maintenance but wondered how many people would actually live in these units for a long time. Mr. Braun, 647 Pond View, expressed his displeasure as to why Centex did not present these plans to people who were interested in buying homes in the Hampshire Estate addition. Beth Segal, 2568 Hampshire, stated that she has asthmatic children and the increase in traffic would only traumitize her children more. She stated that she has no problem March 27, 1990 Page 13 with the townhomes and manor homes. She questioned why Centex did not tell her about the condominiums. She stated that she would not have moved there had she known about the proposal. She stated her concerns for drunk drivers coming down Mendota Heights Road and hitting her kids. Giennis Svendsen, 2300 Field Stone, stated that she is concerned with the noise level that increase in traffic would cause. She also expressed her concerns about the concentration of population in the Kensington area. She stated her concerns with kids crossing the street to get to the parks. Tom Smith, Hampshire Drive, stated that the Planning Commission took on responsibility of guiding land use in the City. He stated that this development has potential for big impact on City. He further commented that the growth is completely at odds with explicit and implicit goals of the comprehensive plan. He stated his concerns for the tax base and that this development will have negative impacts on the traffic, schools and crime. Don Pacerdnik, Hampshire Estates, stated that he has the worse lot situated to Kensington. He stated that the park ball fields are disturbing and that it is a haven for crime and that he is concerned with the police patrolling this area. Mr. Duffy stated that he has proposed findings of fact to submit to the City. Jeff Ward, Hampshire Estates, stated that property values are clearly not the overriding concern of residents in the area. Joe Sparza, Bridgeview Shores, stated that he is very concerned with the increase in traffic as he has a handicapped child. Chairman Morson stated that the City cannot stop development of the land unless they buy it. He stated that the Commission recognizes the residents concerns. He further explained that the Planning Commission has not had adequate time to review the plans. Commissioner Duggan moved to close the public hearing. Commissioner Krebsbach stated that she would only consider tabling the hearing if March 27, 1990 Page 14 Centex will grant concessions. There was a brief discussion among the Commission members whether to table the hearing or to close the hearing. Commissioner Dwyer stated that the Planning Commission agrees with the neighbors but that the Commission's concerns have fallen on deaf ears in the past on other topics. He stated that the decision is not made by the Commission but by the Council. Mr. Boyce stated that Centex is not adverse at attempting to work out neighbors concerns. Chairperson Morson stated that if we close the public hearing then we are not doing our job in a responsible manner. He stated that if they recommend approval of the project - we haven't seriouslyl considered all the issues. He further stated that if they recommend denying the project then we are reacting to emotional statements. Planner Dahlgren stated that the Commission can table the manner to further review the plans. He stated that the Council cannot proceed until the Planning Commission has had 60 days to consider. He stated the application was made at the February meeting and that the April meeting would constitute 60 days, at which time the developer could ask for a recommendation to go to Council. Commissioner Dwyer and Duggan stated that they have not seen any improvements in the plans. Commissioner Duggan stated that by postponing for 30 days it will be 30 days more till the inevitable. Commissioner Koll discussed briefly about meeting with Centex and the neighbors to further discuss the neighborhood's concern with this proposal. Planner Dahlgren commented that they can work further on the plans but in reality, the sketch plan has been approved by Council under the Comprehensive Guide Plan. There was a brief discussion regarding the developer meeting with the neighborhood to discuss their concerns. Commissioner Duggan's motion to close the public hearing failed due to lack of second. March 27, 1990 Page 15 Commissioner Koll moved to table the hearing to April 24, 1990 at 8:00 o'clock P.M. with the direction to Centex to organize a meeting with the neighborhood to discuss their concerns. Commissioner Dreelan seconded the motion.. AYES: 5 NAYS: 2, Duggan Krebsbach ADJOURNMENT AYES: 7 NAYS: 0 Commissioner Krebsbach informed the Commission that she would not be attending the April 24th meeting and that is why she voted against tabling the matter. Commissioner Koll moved to adjourn the meeting at 12:15 o'clock A.M. Commissioner Dreelan seconded the motion. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary