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1990-09-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES SEPTEMBER 25, 1990 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 25, 1990, in the City Hall Council Chambers, 1101 Victoria Curve. Vice Chair Dwyer called the meeting to order at 7:30 o'clock P.M. The following members were present: Dwyer, Koll, Dreelan, Krebsbach, Duggan and Tilsen. Chairperson Morson was excused. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES AYES: 6 NAYS: 0 CASE NO. 90-34: WILDENAUER - VARIANCE Commissioner Koll moved to approve the August 28, 1990 Minutes. Commissioner Duggan seconded the motion. Dr. Jerry Wildenauer was present to discuss his request for a Wetlands Permit to construct a new home adjacent to the east side of Warrior Drive on Lot 2, Block 1, The Ponds of Mendota Heights. Dr. Wildenauer explained that there is a sanitary sewer easement that runs through the middle of his lot and that is why it is necessary to set the house further back and obtain a Wetlands Permit. He further stated that he plans on constructing the home in the open area of the lot and that the hope is to not disturb any of the hardwoods in the area. Vice Chair Dwyer stated that a similar request was recently approved by the City Council and that the Planning Commission is quiet familiar with the reasons why a Wetlands Permit is necessary. Commissioner Dreelan questioned if a retaining wall was necessary and if so, would it be similar to the one already constructed next to Dr. Wildenauer's lot. Mr. Keith Heaver, designer, stated that Dr. Wildenauer's wall will be similar to his neighbor's wall but will be smaller in length. In response to a question from Commissioner Duggan, AYES: 6 NAYS: 0 AYES: 6 NAYS: 0 CASE NO. 90-33: SOLEM - VARIANCE September 25, 1990 Page 2 Public Works Director Danielson stated that a permit is not required for construction of retaining walls. He explained that if there is more than 100 cubic yards of fill to be graded then a permit would be necessary. He stated that in Dr. Wildenauer's case, his Wetlands Permit should cover the grading permit which would be in conjunction with the home building. Commissioner Tilsen commented that the deck appears to be closer to the wetlands than seventy feet (70'). Public Works Director Danielson explained that setbacks are normally measured to the main structure, however decks are also considered structures, and structures require Wetlands Permits. Vice Chair Dwyer stated that Dr. Wildenauer has received signatures of consent from his neighbors, Mr. Mangini and Mr. Callahan. Commissioner Duggan moved to waive the public hearing. Commissioner Dreelan seconded the motion. Commissioner Tilsen moved to recommend to the City Council that they grant a Wetlands Permit of thirty feet (30') and that staff take measures to assure that proper erosion control be maintained during the construction process. Commissioner Duggan seconded the motion. Mr. Brian Solem, 1870 Valley Curve Road, was present to discuss his request for a variance to construct a garage addition to his house. Mr. Solem briefly explained that in 1975 he received a Conditional Use Permit and variance to construct an accessory structure. He explained that the shed is now in disrepair and that is why he now desires to remove it and replace it with a garage addition. Commissioner Koll questioned if there would be rain AYES: 6 NAYS: 0 CASE NO. 90-32: IVERSON - VARIANCE September 25, 1990 Page 3 gutters installed. Mr. Solem stated that there would be. He further stated that his neighbor closest to the side of the proposed garage addition signed the signature of consent form. Commissioner Koll moved to recommend that the City Council grant a seven foot (7') side yard setback variance. Commissioner Duggan seconded the motion. Mr. Greg Iverson, owner of Lot 1 of Kladis' First Addition was present to discuss his request for a front yard setback variance. He explained that there is currently a home being constructed adjacent to his lot. He explained that his proposed home needs to be setback approximately forty four feet (44') in order to comply with the City's ordinance for established front yard setbacks. He further explained that this forty four foot (44') setback would put his proposed home in a position that he would intrude on his neighbor's (to the west) rear yard privacy, and that it would not leave much of a back yard for his own use. He explained that he therefore is requesting that a fourteen foot (14') established front yard setback variance be granted. Commissioner Duggan and Commissioner Koll both stated that there is an exposed metal pipe about thirty feet (30') into the lot. He further stated that there is a pallet on the lot that seemed to be covering a hole. Commissioner Duggan expressed concern with respect to what the pipe is used for and wondered if Mr. Iverson was aware of these items on his lot. Mr. Iverson stated that he is not aware of those items and that he would have the matter checked into. Public Works Director Danielson stated that his Department would check into the matter. Commissioner Duggan expressed that caution should be taken by trucks driving on the lot. Commissioner Krebsbach noted that there are two signatures of consent submitted and wondered if there are other neighbors that Mr. Iverson had September 25, 1990 Page 4 missed. Mr. Iverson stated that he has also talked to Mr. Gryc regarding his proposal. In response to a question from Commissioner Duggan, Mr. Iverson stated that the proposed home will be a two story home and that he has submitted formal plans to the City for their review. Commissioner Duggan moved to recommend to the City Council that they grant a fourteen foot (14') established front yard setback variance and that City staff be directed to investigate the exposed pipe and pallet presently on Mr. Iverson's lot and identify any hazards if applicable. Commissioner Koll seconded the motion. AYES: 6 NAYS: 0 CASE NO. 90 -35: DUGGAN - WETLANDS PERMIT Mr. Ultan Duggan, 2231 Copperfield Drive, was present to discuss his request for a Wetlands Permit. Mr. Duggan explained that he lives adjacent to a pond in Copperfield. He stated that he has recently installed a pool within his back yard which is greater than the required one hundred foot (100') minimum setback from a Wetlands. He explained that he must install a protective fence as per the City's Pool Ordinance. He explained that he proposes to install the fence right up to the City's scenic easement. Mr. Duggan explained that initially the proposed height of the fence was to be six feet (6') but that he has since lowered the height to five feet (5') as that is the minimum requirement for fence height as per the City's Pool Ordinance. Mr.Duggan explained that the proposed fence will be a black vinyl clad chain link fence. Mr. Duggan further explained that the fence design must be approved by the Copperfield Architectural Review Committee. Commissioner Koll stated that the fence will be located so close to the pond and wondered how the weeds will be cut. Mr. Duggan explained that a gate is proposed at the back of the fence for access to the back of the yard. He further explained that the weeds will be growing in the scenic easement portion of the lot and that he cannot cut or mow the area as it is meant to be September 25, 1990 Page 5 left natural. Commissioner Krebsbach questioned if Mr. Duggan has discussed his proposal with any of his neighbors. Mr. Duggan responded that Mr. Dick Putnam and a neighbor both expressed some reservations with respect to the fence surrounding the entire backyard and the fact that it will be abutting the scenic easement. Commissioner Krebsbach questioned what type of landscaping is proposed. Commissioner Duggan explained that there will be uniformed shrubbery along the fence. Commissioner Krebsbach questioned if he has considered installing Evergreen trees. Mr. Duggan stated that they have installed thirty three (33) Evergreen trees at the back of his lot. Commissioner Dreelan moved to waive the public hearing. Commissioner Krebsbach seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: DUGGAN Commissioner Krebsbach moved to recommend to the City Council that they grant a wetlands permit for the purpose of constructing a five foot (5') high black vinyl clad chain link fence at 2231 Copperfield Drive. Commissioner Dreelan seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: DUGGAN CASE NO. 90-31: HEARING - EFH COMPANY - BATESVILLE CASKET - MINOR COMPREHENSIVE PLAN AMENDMENT REZONING Mr. Gene Happe, developer, and Mr. Mark Finnemann, architect, were present to discuss their request for a Minor Comprehensive Plan Amendment and Rezoning to construct a 30,000 square foot September 25, 1990 Page 6 office /warehouse building for Batesville Casket Company at the corner of Rogers Road, Mendota Heights Road and Highway 55. Mr. Happe explained that there have been recent changes on plans with respect to the landscaping and curb cut access. Mr. Happe submitted an updated plan for the Planning Commission to review. Mr. Happe explained that MnDOT would not allow a curb cut within 100 ft of the intersection off of the frontage road with Mendota Heights Road. He explained that the current parking lot layout would not allow the EFH Company to move the employee parking lot further north to meet MnDOT's requirement. Mr. Happe stated that they have relocated the entry drive to be off of Mendota Heights Road. Mr. Happe further explained that the previously submitted landscape plan was submitted with minimal information and that it was lacking in detail and that is why they have submitted a new plan enhancing the proposed landscape. Mr. Finnemann explained that the land is built into an embankment. He explained that because of the grade, the building will be buried into the embankment. He stated that there will be minimal exposure of the building to the north where there are four residential homes (off of Rogers Road). Mr. Finneman briefly described the berms that will be constructed to help the building less visible from the north. Mr. Finneman then showed a topographic plan of the site. He explained the height of the road bed and the berms. He further stated that the part of the building that will be exposed will be the most handsome portion of the building. Mr. Finneman stated that there will be three curb cuts and that there will not be a great amount of traffic. He stated that there will be 24 parking stalls. He reiterated that the building will be used for mostly storage of caskets. In response to a question from Vice Chair Dwyer, Mr. Happe stated that there will be roughly three large trucks making deliveries during the night and that there will be about four employees at the site. Mr. Finneman submitted a photograph of a T System building which is proposed for the site. He September 25, 1990 Page 7 further submitted an example of the material which will used for the building. He explained that the concrete will be a non maintenance and should present a high quality atmosphere for the area. He further explained that there will be a low profile sign with the Batesville insignia (a tree) which will be a five foot (5°) sign located on the ground. Vice Chair Dwyer questioned if a soil test had been completed on the site. Mr. Happe explained that one had just been completed by Braun Engineering and that the soil is fine. He briefly explained that the soil test done on the original Batesville site showed poor soil and that is why they have moved the plan to this site. In response to a question from Vice Chair Dwyer, Mr. Finneman explained that trees will have to be removed and that berms will be constructed with new trees to be installed. He further explained that they plan to install Evergreen trees. Mr. Finneman stated that they will have a professional landscape architect working with them. In response to a question from Vice Chair Dwyer, Public Works Director Danielson and Planner Malloy stated that they have briefly reviewed the new plans just submitted at the meeting. Public Works Director Danielson stated that he likes to discourage access points off of Mendota Heights Road since it is an M.S.A. road but that it appears that there will be very minimal traffic from this project and that he does not anticipate the access to be a problem. Planner Malloy stated that he supports the "concept plan" of the building, and the attempts that have been indicated with respect to the berming of land to make the land less visible to the neighborhood to the north of the project. He further stated that the EFH Company should have the landscape plans reviewed by a professional landscape architect. Commissioner Duggan questioned the number of parking stalls indicated on the plan. Mr. Finneman stated that the parking stalls have been increased and that the increase in stalls is over the minimum allotted per the Zoning Code. Commissioner Krebsbach questioned if the City gave approval of this request (rezoning) how it will September 25, 1990 Page 8 affect the future development in this area. Planner Malloy briefly explained how the marketability of land could be increased. He further explained the study that was done with respect to the Highway 55 Corridor. Mr. Malloy also gave a brief synopsis of the past and most recent discussions with the Resurrection Cemetery with respect to the land that is owned by them and what their plans are for it in the future. He briefly touched base with the Commission as far as what the Rogers Road buyout status is at the present time. Planner Malloy reiterated that this development could be "opening the door" for industrial development in this area but that there are numerous factors to be considered with respect to the Furlong Neighborhood, TIF District and the airplane noise problem. In response to a question from Commissioner Duggan, Mr. Finneman stated that they plan to install six foot (6') Evergreen trees and fourteen foot (14') Marshall Ash trees. He stated that they are planning to consult with a landscape architect. Commissioner Duggan questioned if they could install eight to ten foot (8' to 10') Evergreen trees. Mr. Happe stated that that is why they are going to consult with a landscape architect to get the best possible landscape for this site. Commissioner Krebsbach stated that she would like to see a greater attempt in softening the building appearance. She stated that she would like to see the future move towards more office space in this area rather than warehouse space. Mr. Happe briefly explained that the entire area will be lighted. He stated that the lighting will present a nice atmosphere. He further explained that the lighting will be controlled. He stated that the neighborhood to the north should not be impacted by the light. Commissioner Tilsen stated that the plans submitted tonight seem to have reoriented the building as compared to the previous plans. Mr. Finneman stated that the plans submitted tonight have been done by a professional surveyor so that the lines are now correct. Commissioner Tilsen questioned if the parking stalls for the employees could be moved further away from the building. He stated that the would like to see more landscaping in between the September 25, 1990 Page 9 building and the employee parking lot. Mr. Finneman stated that they could look into that possibility and he stated that presently the parking stalls are proposed to be 10 x 20 in size. Commissioner Tilsen questioned if the building could be moved further back into the hill and he also questioned if they could add a turn around for trucks. Mr. Happe discussed with the Commission that they are also trying to leave space for an addition to the building if necessary and that is why the building has not been placed further back into the hill. Commissioner Tilsen questioned how storm water retention will be provided for this development. Commissioner Tilsen stated his concerns with hard water run off. Public Works Director Danielson stated that ditch drainage would help the area. Mr. Happe stated that there is a catch basin on Mendota Heights Road and that they could dump the drainage there if necessary. Commissioner Tilsen stated that he would like to see the water running slow through the development and that he wants to see little impact on the grade. Public Works Director Danielson stated that there is a storage pond to the south of the development. Vice Chair Dwyer then opened the meeting to the public for their comments. Mrs. Gau, Rogers Road resident, was present and reviewed the current map with the developer. She stated that this was the first time that she has seen the map. Mrs. Gau commented that she likes the way "things" are now. Commissioner Duggan questioned if she is concerned with the air noise in the area. Mrs. Gau stated that she does not have a problem with the air noise and that she is not anxious to move from the area. Commissioner Tilsen stated that he would like to see the lights on in the building as an as needed basis only. Mr. Happe stated that the lights would be controlled by a timer and that they view having the lights on at night as a good method to prevent vandalism. Mr. Happe stated most cities request this and that he will work with the City's desire on lights. Commissioner Tilsen stated that he is trying to be sensitive to the people that live in the area with respect to the lights extending from AYES: 6 NAYS: 0 AYES: 6 NAYS: 0 September 25, 1990 Page 10 the building. Mr. Happe stated that the exterior lights could be a white light with the fixtures extending out and that the light would shine down. Mr. Finneman showed the Commission the radius of impact of lighting with respect to the Rogers Road residents.. Mr. Happe explained that this building will be used for warehouse purposes. He stated that there will be no fork lifts used to remove the caskets. He stated that the caskets will be removed off of the trucks by using dollies. Planner Malloy briefly explained the process of a Minor Comprehensive Plan Amendment and the time lines the Metropolitan Council must follow in any apprbval or denial. Commissioner Dreelan moved to close the public hearing. Commissioner Koll seconded the motion. Commissioner Duggan asked Mr. Happe if he knew that the Mendota Bridge would be closed soon. Mr. Happe responded that he did and that that should not be a problem with the other major highways surrounding the area. Commissioner Koll moved to recommend that the City Council approve the requested Minor Comprehensive Plan Amendment and rezoning contingent on staff's approval of the following: 1. Final details of the landscaping plan showing eight foot (8') Evergreens, a berm and improved landscaping along Rogers Road and a six foot (6') minimum between the buildings and the employee parking lot. 2. A detailed lighting and noise pollution abatement plan protecting the neighbors to the north. 3. A grading plan showing storm water retention. Commissioner Tilsen seconded the motion. September 25, 1990 Page 11 CASE NO. 90-23: HEARING - JA DEVELOPMENT - CUP FOR PUD AND CAO REVIEW Mr. Jeff Johnson, JA Development, was present to discuss their request for a conditional use permit for planned unit development and a critical area ordinance review to build a fourteen (14) unit townhouse development on 6.1 acres of R-1 land located south of Highway 13 across from Lilydale's Riverwood Apartments and just east of Mayfield Heights Road. Mr. Johnson stated that at this time, JA Development is not seeking preliminary plat approval. He stated that they are looking for input based on the Planning Commissions questions and the surrounding residents concerns regarding this development. Mr. Johnson explained the terrain and stated that in the middle of the terrain the land appears to be flat. He explained that the proposed townhomes will be on two and one half units per acre. He stated that the character of the townhomes hope to be in the nature of the Kingsley Townhomes and Victoria Townhomes. He explained that the townhomes will be rambler style with low rise roofs. Mr. Johnson displayed the townhome design to both the Commission and the residents present for this case. He explained that JA Development feels that there is a market for townhomes in Mendota Heights. He further stated that the townhomes should be in the range of 1,500 - 2,000 square feet. Mr. Johnson then displayed a single family home design. Mr. Johnson stated that JA Development had prepared this design at the request of the surrounding residents of this location. He explained that at the two meetings held for information regarding the proposal the residents indicated that they would like to see single family homes constructed in this area. Mr. Johnson explained that there could be eight single family homes. He stated that if single family homes are economically feasible, they would be two story homes with steep roof pitches. He explained that the lots could be 3/4 of an acre. September 25, 1990 Page 12 Commissioner Tilsen commended Planner Malloy on the report he presented for this case. Commissioner Tilsen stated that he has some concerns regarding any variances or impacts on the critical area. Commissioner Tilsen stated that he would like to see a development proposed using the existing conditions and not deter from that if possible. He stated that the access to the development would be difficult due to the slopes. In response to a question from Commissioner Duggan, Mr. Johnson stated that the townhomes would sell for $200 - $300,000. He further stated that if single family homes were constructed he would anticipate the lots to sell for $70-$80,000 with homes selling at $300-$350,000. Commissioner Duggan questioned how sewer and water would be made available. Mr. Johnson stated that at this time, JA Development is simply looking for economical ways of developing this site. Vice Chair Dwyer questioned what JA Development felt as far as how the market is for either single family homes or townhomes. Mr. Johnson stated that they feel the townhouse market is strong and that Mendota Heights needs to have some diversity in their housing. Commissioner Krebsbach stated that she is not inclined to grant a variance on the Critical Area Ordinance. She further stated that she does not have a problem with the single family home design. At the request of the Planning Commission, Planner Malloy gave a brief summary on what a planned unit development is and how a planned unit development gives flexibility to a City. Vice Chair Dwyer then opened the meeting to the public for their comments. Dr. Sol Mastbaum, 1008 James Court, stated that he has been a resident of Mendota Heights for thirty four (34) years. He further read several excerpts from the Zoning Ordinance. James Schuster, 1631 James Road, presented the Commission with a forty five (45) signature petition against the development. Mr. Schuster stated that he is against the density proposed and September 25, 1990 Page 13 that he is not in favor of townhomes. Mr. Schuster stated that at several meetings with JA Development he and other residents asked JA Development to reconsider the numbers relating to the townhouses and that they have refused to. Laurita Weinzettel, owner of the 6.1 acres in question, questioned if people have been trespassing on the land. Mrs. Lerman, 1645 James Road, stated that she does not want to see townhomes on this site because she feels the area is too small. She stated that she would not mind seeing single family homes constructed there. George Berg, 996 Caren Court, stated that he favors single family homes. He further stated that he is concerned with the critical area portion of the land. At the request of the Planning Commission, Planner Malloy briefly summarized the Critical Area Ordinance and what it enforces. Don Tweedy, 1651 James Rd., stated that he and his wife submitted a letter to the Commission. Vice Chair Dwyer acknowledged that the Planning Commission did receive the letter. Mr. Tweedy stated that he understands how a planned unit development works. He stated that he has a concern for the density and that he is concerned with drainage. He highlighted an icing problem in the drawing where two townhomes are proposed. Robin Reed, 1657 James Road, stated that she is concerned with her property valuation and that she is also concerned with the marketability of the townhomes. Commissioner Duggan stated that he is concerned with the private road proposed and the safety factor it may cause. Public Works Director Danielson stated that he has not reviewed the streets proposed for that area. Commissioner Duggan stated that he has walked the area and that it looks to be very difficult with respect to the slopes. Commissioner Tilsen stated that he is concerned with the whole site. Planner Malloy stated that he has figured that the September 25, 1990 Page 14 percent of slope for the streets would be at ten percent (10%). He stated that the ten percent (10%) exceeds City requirements. Commissioner Duggan questioned how much of the area would be destroyed. Mr. Johnson stated that they would not be taking out much vegetation. Mr. Johnson stated that they attempted to design the development to help minimize the impact on the site. Fred Moore, 1028 Sibley Memorial Highway, stated that his property will be connecting to the road through this development and that he is concerned with the amount of traffic the site could generate. He stated that there is already a lot of traffic from the Lilydale apartments. Mr. Berg stated that he would like to see more of a setback distance from existing houses in the neighborhood. Commissioner Duggan moved to continue the public hearing to October 23, 1990 at 7:45 o'clock P.M. Commissioner Dreelan seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: TILSEN Commissioner Tilsen stated that he would like to see JA Development submit a grading plan, a map showing the surrounding homes near the proposed development. He stated that he would like to see the townhomes moved forty feet (40') outside the forty percent (40%) slope designation. Commissioner Koll stated that she is not opposed to townhomes being developed on this site. She stated that the density is a major issue with her. She stated that she would rather see four townhomes and not eight townhomes. Commissioner Dreelan stated that she is also not opposed to the townhomes. She stated that density is an issue for her. Commissioner Duggan urged the Commission to not offer a variance from the ten (10) acre requirement in the Zoning Ordinance for a Planned Unit Development. Vice Chair Dwyer concurred. DISCUSSION REGARDING ZONING ORDINANCE AMENDMENT AYES: 6 NAYS: 0 VERBAL REVIEW ADJOURNMENT AYES: 6 NAYS: 0 September 25, 1990 Page 15 The Planning Commission briefly discussed a proposal submitted by Paster Enterprises for a family theater to be housed within the Mendota Plaza. The Commission concurred with another that it would be a nice idea to have a theater in the Mall. The Commission stated that there will be several issues to be discussed relating to traffic and parking and signage. Commissioner Duggan moved to request that the City Council order a public hearing to be held at the Planning Commission level on October 23, 1990 at 8:00 P.M.. Commissioner Dreelan seconded the motion. Public Works Director Jim Danielson gave a verbal review to the Planning Commission on City Council action on Planning items. Commissioner Tilsen moved to adjourn the meeting at 10:50 o'clock P.M. Commissioner Duggan seconded the motion. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary