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1990-11-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES NOVEMBER 27, 1990 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 27, 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, Dwyer, Duggan, Koll and Dreelan. Commissioners Tilsen and Krebsbach notified City staff that they would be late. Also present were Planning Consultant Tim Malloy, Public Works Director Jim. Danielson, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Duggan moved approval of the October 23, 1990, minutes. Commissioner Dwyer seconded the motion. AYES: 5 NAYS: 0 CASE NO 90 -41: CALLAHAN - WETLANDS PERMIT Mr. and Mrs. Callahan, 1151 Warrior Drive, were both present to discuss their request for a Wetlands Permit. Mr. Callahan explained that they were novices regarding the permit process. He stated that they have already constructed a storage shed within the one hundred foot (100') wetlands boundary without a building permit or a wetlands permit. He stated that he is aware that City staff has received complaints about the storage shed. Mr. Callahan then showed the Planning Commission recent pictures taken of the structure. Chairperson Morson stated that he has been by the structure and does not see it to be an eye -sore to the neighborhood. In response to a question from Commissioner Duggan, Mr. Callahan explained that in order to move the shed, the cement pad would have to be removed and that there really is no feasible second choice as to where the structure could be built. He explained that the shed would encroach on lot lines and the setback requirements with regard to his home. Commissioners Duggan and Koll stated that they would like to see some screening done to the shed. They suggested that planting of shrubbery would be an enhancement to the shed. Mr. Roy LaPean, 620 Callahan Place, was present to discuss his concerns relating to the existing shed. He explained that he has no problem with the appearance of the shed. He stated that he is concerned with the level of water within the wetlands area. Public Works Director Danielson stated that the pond level is controlled by storm water outlets. Mr. LaPean questioned where the high water level is in the area. He further questioned if a structure can be built on a City easement. Public Works Director Danielson explained that if a structure is built on a City easement and it is at the homeowner's risk. Mr. LaPean stated that he is concerned with the City's policy of requiring applicants to obtain signatures of consent from contiguous neighbors. He stated that this requirement puts the neighbors in an awkward position should they not agree with what the applicant is requesting. He stated that he felt very intimidated with the process. Commissioner Dwyer moved to waive the required public hearing. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 Commissioner Dwyer moved to recommend that the City Council approve the granting of a Wetlands Permit to allow the Callahan's storage shed to remain in place as constructed. Commissioner Koll seconded the motion. Commissioner Duggan offered a friendly amendment stating that the recommend approval of granting the Wetlands Permit should be subject to the planting a shrubbery around the shed in the spring. Mr. Callahan stated that he had requirement. Commissioners Dwyer and Koll both amendment. AYES: 5 NAYS: 0 no objection to this accepted the friendly November 27, 1990 CASE NO. 90-43: CENTRE POINTE MEDICAL CLINIC SIGN VARIANCE Ms. Sue Zwirner, Centre Pointe Medical Center, was present to discuss their request for a sign variance. She explained that the Clinic would like to install a roof top banner advertising their business. She explained that the Clinic is relatively new and that they felt that a roof top banner sign would be more visible from the highway. She explained that they anticipate the sign being up for only three months. She showed the Planning Commission a sample of the banner. Chairperson Morson questioned if the sign is secured to the building. Ms. Zwirner stated that the sign is tied to the building. Commissioner Duggan stated that he has no concerns with the sign and that he realizes a smaller sign would not be seen from the highway. Commissioner Koll moved to recommend to the City Council that they approve a sign variance allowing a seventy-five (75) square foot sign area and allowing the sign to be mounted on the roof for a period not to exceed three months. Commissioner Dwyer seconded the motion. AYES: 5 NAYS: 0 HEARING CASE NO. 90-39: R.A. PUTNAM - MINOR COMPREHENSIVE PLAN AMENDMENT Mr. Dick Putnam, R.A. Putnam and Associates, was present to discuss his request for a Minor Comprehensive Plan Amendment to construct a neighborhood commercial center, child care and elderly housing for his ten (10) acre tract of land at the corner of Dodd Road and Mendota Height Road. Mr. Putnam briefly reviewed the past history relative to this site. He explained that five (5) years ago this request was denied by the City Council. He stated briefly that some of the reasons were because the School District was in the process of selling their land to the north of the site and that the City did not have a "handle" on what to expect in the Southeast Area of the City. He stated that the since that time, he has held meetings with the Bridgeview Shores residents and developer (old School District site) to communicate concerns and suggestions of all involved. He explained that traffic was a main concern and that the appearance of the center was also a concern. Mr. Putnam showed the Planning Commission the plans as prepared by his Architects. He stated that he has not heard any complaints regarding the appearance of the center. He stated that the appearance of the center is attractive due to the materials used i.e., brick, stucco and wood shakes. Mr. Putnam stated that at the October pre-application meeting with the Planning Commission they stated that they would like to see a traffic study completed before they recommend approval or denial of the project. He stated that since that time he has hired a traffic consultant but that he has been unable to contact him because of conflicts related to each being out of town. He further explained that this particular site is a hard site to construct single family homes on due to the air noise problem and the traffic from the highway ramps. He further explained that the shape of the land is a difficult shape to work with. He stated that this shape is an asset for commercial use. In response to a question from Chairperson Morson, Mr. Putnam stated that the easterly portion of the land is planned for elderly housing. He explained that it would not be used for a nursing home but retired or elderly housing. He explained that the buildings would be one story buildings and that the elevations would be the same as the neighborhood complex. He explained that there are a lot of trees on this portion of land. He briefly explained a time frame for construction to the Planning Commission. He explained that the time line could be put together within the next month if the Comprehensive Plan is approved. He further explained that PDQ is interested being the anchor tenant in the site. Commissioner Dreelan expressed her concerns about constructing a commercial building with no tenants interested. She used the Mendota Plaza has an example of a building with no tenants. Mr. Putnam stated that the key to getting tenants is to get a lead tenant. He explained that PDQ potentially is the lead tenant for this building. Chairperson Morson questioned how many buildings Mr. Putnam owns and operates. Mr. Putnam explained that he owns and operates none. He explained that he is presently working on two other sites in Minnetonka and Eden Prairies. He explained that the financing is structured through seventy percent (70%) pre-lease financing. Commissioner Duggan expressed his concerns. He stated that the concept for this commercial center has been rejected by the Council twice. He stated that he does not see that a feasibility study has been completed, no lists of businesses for the building have been submitted, no accurate or current soil conditions have been currently surveyed, no tree survey, no submittal of soil erosion plans. Commissioner Duggan stated that this site could basically kill the planned "downtown Mendota Heights" plan. He stated that he agrees that the design is attractive. He further questioned if the number of buildings on the site complies with ordinance requirements. Commissioner Duggan further expressed his concern with air noise. He stated that he has a personal problem with changing the comprehensive plan as it has been changed in 1985, 1987 and 1989. Commissioner Duggan stated that rezoning would be foolhardy if the State, County or City wished to acquire the land. Mr. Putnam explained that what he has presented tonight is what the residents and developer in the area requested of him. He stated that the City needs to make a determination as to what they want to see constructed on this site. He explained that this area has been assessed for sewer and water. He stated that he offered to sell this land to Mary Anderson Homes (since it is zoned R-1) and Mary Anderson Homes did not want to purchase the land due to the air noise and traffic noise problems. He further explained that the neighborhood concerns are a strong point with him. Commissioner Dwyer stated that he is not convinced that every Mendota Heights' gateway needs to be a commercial center. Commissioner Krebsbach arrived at 8:32 o'clock P.M. Commissioner Dwyer stated that he agrees that the building is attractive on paper and that he does not believe it will look as attractive once it is constructed. He explained that this is due to potential sign clutter and the lights that would be used. Mr. Putnam stated that there will be signs and that they will be tastefully done in conjunction with the architecture. Commissioner Dwyer stated that there is a PDQ on Salem Church Road in Inver Grove Heights whose building has a lot of vacancies. Commissioner Koll stated that she is concerned with the potential competiveness this commercial building may impose on the existing downtown Mendota Heights. She stated that she would like to see a study pinpointing the type of usage this commercial building anticipates. She stated her concerns for the amount of traffic and the hazards it may bring at the intersections. Chairperson Morson stated that the question the City needs to answer is if the City needs a commercial site of this nature now. He stated that if the City defers this request for another five years what will happen then. Commissioner Krebsbach questioned if Mr. Putnam has considered removing the restaurant. Mr. Putnam stated that he could consider removing it but there has been some interest in a pizza shop becoming a tenant. Commissioner Krebsbach stated that she would like to see some criteria established related to a possible restaurant in this area. She stated that she does not want to see advertising of a restaurant along 1-494 that would attract people off of that highway. Mr. Putnam stated that he envisions the restaurant to be a family type restaurant, such as a Perkins. He stated that if this restaurant only serves the immediate area, it will go broke. Commissioner Krebsbach stated that a national chain restaurant is a "different feel" for Mendota Heights than a delicatessen type restaurant. She questioned if the plan is approved if the City will have some control over the type of restaurant that will go in. Commissioner Krebsbach stated that she does not feel the City will receive a more attractively designed proposal. Chairperson Morson opened the meeting to the public. Mr. Bernard Friel, 750 Mohican Lane, stated that the Commission should not be mislead by Mr. Putnam's talk in not having the required plans submitted for Commission review. He stated that he had not heard any justification in changing the Comprehensive Plan of Mendota Heights. Mr. Friel stated the Comprehensive Plan has been revised enough, that it should not be changed as it is relied upon by the community. Mr. Friel briefly read copies of letters sent to the City. A letter dated December 10, 1987 regarding potential traffic problems on Dodd Road with regards to the new highway construction and letter dated December 24, 1987 from MnDOT to Public Works Director Danielson regarding potential traffic concerns at Dodd Road and Mendota Heights Road due to the increase development in the Southeast Area of Mendota Heights and in Eagan. He further stated that he would like to see the Planning Commission recommend denial of this project to the City Council. He further commented that park acreage has dwindled in the Southeast Area from 80 to 20 acres. Mr. Jim Losleben, 815 Hazel Court, re-enforced Mr. Friel's feelings in not changing the Comprehensive Plan. He explained that traffic is an issue. He explained that there is not enough of a market for the elderly housing that Mr. Putnam is proposing. He questioned that if this plan is approved if it will turnout like the Duffy site has, no construction. He stated that he would like to see this request denied. Mr. M. Grant, President of Mary Anderson Homes, stated that Mr. Putnam did invite himself and the residents of Bridgeview Shores to discuss his proposal. He explained that Mr. Putnam has spent a lot of time in discussing this issue with everyone. He stated that this issue is very important to all of the residents. He explained that Mr. Putnam has put special care into the design of the buildings. He further stated that the residents have discussed with Mr. Putnam the possibility of eliminating the gas pumps and that the traffic increase is a concern. Commissioner Dwyer questioned why Mary Anderson Homes is not interested in constructing single family homes on this land. Mr. Grant responded that this is a highly traveled area and that noise is a real problem with traffic on the highway ramp. Commissioner Tilsen arrived at 9:06 o'clock P.M. Commissioner Krebsbach stated that she would not like to see a Perkins in this area. Mr. Grant stated that he did not recall seeing a restaurant in the previous plans but that he would rather see a restaurant in this location than gas pumps. He stated that he feels that the Perkins Restaurants are attractive. Commissioner Duggan restated that traffic is a main concern and that is what should be considered a problem. Commissioner Krebsbach stated that she is concerned with advertising along the freeways. Mr. Grant stated that he is concerned with any future development in this area. Mr. Craig Olson, resident of Kensington, stated that he feels that this is a beautiful, small shopping center and that he cannot see why anyone would object to this project. Mr. Olson stated this beautifully designed commerical center is similar to what you would see at a Martha's Vineyard or Cape Cod. He stated that he cannot believe that people can be so out of touch with reality. He stated that he would rather see this proposal than what we see at Dodd Road and Highway 110. He stated most of the traffic would be local. Mr. Tom Smith, Hampshire resident, stated that he is concerned with the increase of traffic. Mr. Steve Patrick, 737 Mendota Heights Road, stated that he owns land next to Mr. Putnam's request. He stated that he is concerned with the best possible use of this land. He stated that he agrees with Mr. Putnam that this site is best suited for commercial. He further stated that he too would like to see a traffic analysis. He commended Mr. Putnam on the architecture of the buildings. In response to Commissioner Krebsbach's question, Mr. Patrick stated that he was here several years ago when Mr. Putnam presented his request and at that time he was in favor of his request. He stated that his concerns are related to the traffic impact. Commissioner Duggan requested that City staff receive in writing from MnDOT information regarding the traffic analysis. Mr. Flicek, 2493 Bridgeview Court, stated that he is concerned with the lighting and signage for the buildings. He further stated that the gas pumps and traffic are also major concerns. Commissioner Duggan moved to close the public hearing. Motion fails due to lack of second. Commissioner Dwyer moved to continue the public hearing to further discuss traffic and feasibility studies to January 22, 1991, at 7:45 o'clock P.M. Commissioner Krebsbach seconded the motion. AYES: 6 NAYS: 1, MORSON Chairperson Morson stated that he would like to have seen this request acted on tonight. HEARING: CASE NO. 90-03: CENTEX HOMES - KENSINGTON PUD - COMPROMISE PLAN Commissioner Duggan addressed the Planning Commission by stating that he is not clear with what is being presented by the developer as a compromise plan. He stated that the plan that was originally presented for Kensington Phase II was rejected. He stated that there then cannot be a compromise plan. He stated his concerns regarding the legality of using an old planning case number for a compromise plan. He further questioned if the legal description advertised is the correct legal description for the compromise plan. He stated that there is a large vagueness in clarity with respect to the current compromise plan and that he would like to see legal clarification. He recommended that the Planning Commission table this request to January. Chairperson Morson responded that through the course of the public hearing tonight most of these questions will be answered. Mr. Thomas Boyce, Centex Homes, briefly summarized what Centex's request is at the present time. He stated that they have looked at a number of alternatives and have decided to submit a compromise plan. Mr. Boyce stated that originally Centex failed to achieve a rezoning because the super majority 4/5's vote at the Council level was not achieved. He stated that the other original items were never voted on. Mr. Boyce explained that Centex has proposed a compromise plan to the City Council to see if they thought it was worth pursuing and they told Centex that it was and that is why we are here tonight. He stated that he understood that the City Council has told the Planning Commission that they would like you to review the compromise plan. Administrative Assistant Batchelder concurred that Council had directed staff and the Planning Commission to review the plan. Mr. Boyce explained that Centex has come up with a proposed revised plan for the area. He explained that since they have talked to the City Council they have met with the neighbors and that the plan has gone through some revisions since the meeting with the neighbors. Mr. Boyce briefly explained the previous plans with respect to where the park was located along with the townhouses and coachhomes. He explained that they have shifted the townhouses and condominiums over adjacent to the existing manor homes project and reduce the total numbers. He further explained that they have now introduced a smaller single family lot. He stated that the smallest lot is approximately 10,000 square feet with the average of 17,000 square feet. He stated that the result in the compromise plan is a reduction in density of approximately 100 units and that there are now single family homes adjacent to the existing single family homes and that the coachhomes are now up along the freeway. Mr. Boyce explained the changes in the compromise plan that have occurred after their meeting with the neighborhood. He explained that the intersection that lined up with Park Lane has been changed to having the intersection sandwiched in between Hampshire Drive and Park Lane so that there will be no through traffic on either Hampshire Drive and Park Lane. He further explained that they have tried to limit the amount of traffic from the park. Commissioner Tilsen questioned what the lot sizes per house types are. Mr. Boyce responded that the mix is roughly 42 15,000 square foot lots which will be built like the Copperfield Addition. He explained that the other 79 lots will be less than 15,000 square foot with reduced side yard setbacks and that they have tried to limit the house size. Mr. Boyce stated that they are trying to build smaller houses on smaller lots. Commissioner Tilsen stated that he has talked to people who live in the Fairfield area (development in Eden Prairie similar to the one Centex is now proposing) who felt that their impression of their addition was supposed to be more upscale type homes. He stated that they felt that that was due to the mix of lot size and home size. Commissioner Duggan stated that the plan submitted tonight is incomplete and he sited the following reasons why: 1. has not seen the total acreage of the pond, streets and park dedication. 2. why are we being asked to consider smaller lots when the City Ordinance calls for 15,000 square foot lots. 3. why are we asked to grant wholesale variances and wetlands permits. 4. why haven't we been invited with the Parks and Recreation Commission to select the ten (10) acres in park dedication as our City Ordinance suggests that we are entitled to. 5. we have not received drawings with respect to the trees. 6. what is the net acreage of this project? 7. what provisions have been taken to reserve the unique natural amenities and wooden coverage? 8. the plans submitted tonight are supposed to satisfy the requirements of the subdivision control ordinance for preliminary and final plats. He inquired about what tells the Commission that the applicant's PUD will produce an environment of equal or superior quality to what the City currently has. He further questioned what tells the Commission that the applicant's PUD will not constitute a threat to the safety, health and welfare of adjacent landowners and the people in the community. What provisions are offered to provide open space and park land for the residents in this area. He further questioned the length of proposed cul -de -sacs. Mr. Boyce responded that the total acreage is the same as the previous plan. He stated that the pond acreage is the same. Mr. Boyce stated that they will get information on the sizes of the streets and cul -de -sacs. Commissioner Duggan questioned whether the Police and Engineering Departments have had a chance to study what impact the narrower streets will have. Mr. Boyce responded that the staff has reviewed the plan. Mr. Putnam, a developer partner, explained that they have asked the City to look at street standards similar to other communities i.e., surmountable curbs, right of ways. Mr. Putnam stated that City staff has been very good in looking at changes. He explained that the fifty foot (50') streets and surmountable curb is something they are asking the City to review and if they do not like it, it won't be done. He stated that they are asking for things that will save the homeowner money. Commissioner Duggan commented that the City Council is not enamored of surmountable curbs. Mr. Putnam responded that they are being criticized for asking questions and proposing ideas. Commissioner Duggan stated that he is not comfortable with the sideyard setbacks proposed. He stated that we already have that feeling in Copperfield and in Hampshire. He explained that at this point he does not like the word "compromise" and that he wants a reasonable and complete plan. Commissioner Duggan stated that it is his understanding, through City Ordinances, that the Planning Commission can determine the amount of park dedication acreage can be. Commissioner Duggan questioned what will be done with the power lines with respect to the construction of homes. Commissioner Duggan stated that he would like to see the park up next to Mendota Heights Road next to the Hagstrom -King Park. Mr. Boyce responded that they have talked to most of the neighbors and they prefer to have the park up along the freeway. Commissioner Duggan stated that a park would make the most sense where all of the trees are presently located. Commissioner Duggan stated that he wants to see drawings relating to trees with respect to type, size and health. Mr. Boyce stated that the drawings are the same as the previous plan and Commissioner Duggan stated that he has never seen them. In response to a question from Commissioner Duggan, Mr. Boyce stated that the total amount of acreage is the same as the previous plan. Commissioner Duggan stated that he is very confused with respect to how the acreage can be the same as the previous plan. Parks and Recreation Commission Chair John Huber was present to discuss how the ten (10) acres of park land might be arrived at within the new compromise plan Centex is proposing. He pointed out that the City has recently purchased the Mendakota Park site (land south of Mendakota Golf Course) and that that particular site does change the strategy of park use within the City. He explained that Mr. Boyce and Mr. Putnam presented the proposed park land within the Kensington Phase II at the November Parks and Recreation Commission meeting. He stated that they were not looking for approval of the park land but that they were just looking for reaction from the Parks and Recreation Commission. Parks Chairperson Huber stated that he would like to see the park up along Mendota Heights Road but that he understands the problem of constructing single family homes along the freeway. He further stated that he would like to see one parcel of park land instead of two parcels. He stated that Parks and Recreation Commission did not give the developers much of a reaction to the proposed park land. He stated that it is less land than before. Commissioner Tilsen stated that the Parks and Recreation Commission and the Planning Commission can come up with a recommendation of where the ten acres of park land can be. Parks and Recreation Chairperson Huber stated that the neighbors that live in the area are not overly keen with having a large park area across the street from where they live. Commissioner Duggan stated that we do not have a sufficient amount of park land in the City. He stated that we are supposed to have 189 acres of park land within the community and we are short. Chairperson Morson stated that the developer should take into account the need for some park areas that are not necessarily ball areas but areas for picnic and shade. Commissioner Duggan stated that Mendota Heights is different than most communities. He stated that there is no more of Mendota Heights to develop. He stated that we should take the best acreage to develop park land. He stated that the applicant's PUD doesn't tell us that they will produce an environment of equal or superior quality to what we have. He stated that this is stated in the City Ordinance (19.2-6). Commissioner Duggan stated that the City should have 18.98 acres of park land per every 1200 people assuming a population of 12,000. He stated that in rushing in and making a decision is going against the City's Comprehensive Plan. Commissioner Duggan stated that the City is not even close to the amount of park land that we are suppose to have. Public Works Director Danielson stated that that is not true and that the City now has close to 200 acres of park land. Commissioner Duggan stated that he would like to see a formal count of park acreage on paper. Commissioner Krebsbach stated that she would like to have a report from the community meeting between the residents and the developer. Commissioner Krebsbach commended the developer in coming back with a plan that is a workable plan. She stated that her concerns are the single family units that are currently being proposed. She stated that the character of the neighborhood will not be of the same standards as other parts of the community in which you have developed. She questioned what kind of compromises the City and the developer can come up. She stated that she would like to see more of a mix of homes throughout the area with lots that are smaller. Mr. Boyce stated that that is what they have tried to do. He stated that the smallest lots proposed are up against the power lines. He stated that he doesn't think that they would be the most valuable lots in the City because of the power lines. He stated that they have tried to provide relatively large lots where it makes sense. Commissioner Krebsbach stated that she would like to see the developer keep the City standards with this project with respect to lot size. Mr. Boyce stated that they cannot make that work financially. In response to a question from Commissioner Tilsen, Mr. Boyce stated that there will be some three car garages. He explained that they are not trying to develop this area like Hampshire Estates. He explained that they are trying to appeal to a different market. Commissioner Krebsbach stated that she is not visualizing this area as a "good looking" area. She stated that she is not sure that this is the best possible design for this area. Mr. Boyce explained that the proposed lots are smaller in nature but that they are wider. Commissioner Krebsbach questioned if the developer would be willing to pull lots out of the proposal. Mr. Boyce stated that if it makes sense, yes. Commissioner Krebsbach stated that she would like to have some time to review the plan further so that the City can consider the best plan for this land. Chairperson Morson pointed out other developments in the City with large homes on smaller lots. He stated that these developments look totally out of proportion. He stated that what the developer is trying to do is use smaller sized homes on smaller lots and that that is nice to see. Commissioner Krebsbach stated that she is concerned with the amount of grading that will be done. She stated that she would like to see as much vegetation remain as possible. Mr. Boyce stated that the feeling that he is getting is that he is proposing a "leper town". He stated that what Centex is proposing is a variety of houses. He explained that the market is there for these type of homes. Commissioner Krebsbach stated that Mendota Heights has remained an attractive area because we have kept the 15,000 square foot lots. Chairperson Morson questioned if the developer will put restrictions on the type of home that will be constructed on a smaller lot. Mr. Boyce stated that they are willing to do that and that they will put that into a Developer's Agreement. Chairperson Morson questioned if there will be separate associations for each area of development (townhomes, coachhomes, etc). Mr. Boyce stated that they could. Chairperson Morson stated that he is trying to relieve the conflicts between the types of homes with separate associations. Chairperson Morson stated that he is concerned with the areas that are open, such as between the different associations. Mr. Boyce stated that each association will take care of the land. Chairperson Morson stated that he has asked Public Works Director Danielson to pursue other studies from separate agencies relating to the power lines. Mr. Boyce explained that it is not their intention, at this point in time, to sell the lots to other builders. Chairperson Morson stated that he wants to be sure that the consistency between the previous plan and the current plan, relating to the garages, etc., is kept and requested that the developer note that in his plans before a recommendation is given by the Planning Commission. Commissioner Krebsbach stated her concerns with respect to how the market will be able to handle selling of higher priced homes with lower priced homes near by. Commissioner Dreelan stated that she is concerned with the proposed lots that are less than 15,000 square feet. She stated that seventy-nine (79) lots are a lot of lots that do not meet the minimum requirements of the City's Ordinances. She stated that she is concerned with the buffering between the expensive and inexpensive homes. She stated that she would like to see the park extended so that less homes are impacted by the power lines. Commissioner Dwyer stated that he would like to see some verification from the school district that they will be able to handle the amount of children this project could generate. Mr. Boyce explained that the school district has done some research on this issue and he passed out some correspondence from the school district relating to this question. Commissioner Dwyer stated that he would like to see correspondence from NSP addressing the power line issue. Commissioner Dwyer questioned if the multi-family dwellings will have the same amenities as the previous multi-family proposal. Mr. Boyce responded that they would have the same amenities but that there will not be a club/recreational house. Commissioner Dwyer expressed his concern that building the homes around the pond will damage the trees. He stated that it will be unacceptable if the trees are destroyed. He stated that he would be much more amenable to this project if somehow the land is reverted back to a park situation. Mr. Boyce stated that they cannot not do that. He stated that they have discussed the concept of having park land around the ponds (like in Copperfield and Hampshire) and that the residents were not happy in having trails in their single family backyard. He stated that they have no problem in platting a scenic easement, to include trees, around the pond. Commissioner Dwyer stated that he would be inclined to vote against this proposal if the trees cannot be shared by all residents living in Mendota Heights. He further stated he does not want to see this neighborhood overly crowded. He stated that with the sideyard setbacks proposed, the area will look crowded. Commissioner Koll questioned that it is a foregone conclusion that this is the last scenario verses litigation. She stated that Mendota Heights has the theme of spaciousness and graciousness and there is no way that this kind of development with upscale "ticky tackies" will fit that image. Planner Malloy stated that the Planning Commission should not burden themselves in making a decision one way or another with the possibility of litigation. He stated that the Commission has a responsibility to the community to see that the best possible plan, based on the comprehensive plan and City ordinance, is arrived at. Planner Malloy explained that the Metropolitan Council has made recommendations to all of the communities to "kick in" their fair share of low-cost, affordable housing. He stated that in looking at this site, this is one of the better places in Mendota Heights where some kind of affordable housing can be offered to the community. Commissioner Koll stated that she would like to see townhomes there. She stated that you can get more space with townhomes than with single family dwellings. Mr. Boyce stated that the previous plan proposed exactly what she is looking for. Commissioner Koll stated that the plan or issue before was dealing with condominiums. She stated that she would rather see townhomes in lieu of small lots. Commissioner Tilsen agreed with Commissioner Koll with respect to the objections on the previous plan related to condominiums or coachhomes. Chairperson Morson stated that the developer needs to develop land that is practical and sensible. Mr. Boyce compared the previous plan and the compromise plan as submitted tonight. Chairperson Morson then opened the meeting to the public. Mr. Jim Losleben, 815 Hazel Court, stated that he agrees with Commissioner Koll. He stated that the density in the Ivy Falls Townhomes is the level of density of a single family home neighborhood. He questioned if the hearing notice published is the correct hearing notice for tonight's meeting. He further commented that he would like to see larger park lands within the City and that we do not need more little parks. He stated that he does not agree with the proposed lot sizes. He stated that the developer is doing nothing that is required in the Comprehensive Guide Plan. He further commented that the Planning Commission is appointed to uphold the City Ordinances. He stated that the developer has got the Planning Commission convinced that the starting point of a development is at the City Ordinances. Dr. Owens, Copperfield resident, stated that trees will change over time. He explained that there will be a regrowth of trees and replanting of trees. He commented that at the present time, many Oak trees are dying. He further commented that many lots in the Friendly Hills area are under 9,000 square feet. Mr. Bernard Friel, 750 Mohican, stated that there are no lots in the Friendly Hills area that are under 10,000 square feet. Mr. Friel referred to a letter submitted by previous City Administrator Kevin Frazell, dated December 9, 1987, regarding lot sizes in the Bridgeview Shores area relating to water area. He stated that the developer has boot strapped himself into the City Ordinances by their own economics. He stated that it is their own economics that require what he insists you do for him. Mr. Tom Smith, Hampshire resident, questioned if the Planning Commission received a letter from him regarding power lines. Chairperson Morson confirmed that they did receive the letter. Mr. Smith further commented about the park system. He stated that he would like to see a neighborhood park planned for this area. Chairperson Morson stated that the parks system, in this neighborhood, is being reviewed. Parks and Recreation Chairperson Huber stated that there is a need for active ballfields. Commissioner Tilsen stated that there is a need for all types of parks. Mr. M. Grant, Mary Anderson Homes, commented that the lot sizes in developments boils down to what the market needs. He stated that there is no magic lot size. Mr. Rother, Hampshire resident, stated that he was displeased with the original plan. He stated that he attended the meetings held by the developer and he notices that there are changes made on this new plan as suggested by the residents. He stated that he finds the distinction between the single family homes and townhomes one that he can live with. He stated that he would rather not see townhomes. He stated that this new plan does take care of 95 percent of his concerns. Administrative Assistant Batchelder submitted pictures taken by City staff regarding the Fairfield Addition in Eden Prairie, a development similar to what is being proposed. Mr. Don Pacdernik, 2472 Hampshire, stated that this plan has come a long way since the last plan. He stated that he likes the suggestion of the parks in this plan. He commented that he would like to see larger lot sizes. In response to a question from Commissioner Tilsen, Mr. Pacdernik stated that the neighborhood meeting seemed to help steer the developers in the right direction. Commissioner Duggan moved to table the meeting until City •staff could have proper time in discussing the legality of the public hearing process for the compromise plan with the City's attorney. Motion fails due to the lack of a second. Commissioner Dreelan moved to continue the public hearing to January 22, 1991, so that the City staff could publish the correct hearing notice and that City staff could get traffic information from Eagan and MnDOT. Commissioner Duggan seconded the motion. AYES: 3 NAYS: 4, KOLL, MORSON, KREBSBACH, TILSEN Motion fails. Commissioner Dwyer moved to continue the public hearing to January 3, 1991 at 7:30 o'clock P.M. Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 1, DUGGAN VERBAL REVIEW ADJOURN Public Works Director Jim Danielson provided a verbal review for the planning items at the previous City Council meeting. There being no further business, the Planning Commission adjourned its meeting at 12:15 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary