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1990-07-24 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JULY 24, 1990 obi The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 24, 1990, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Morson called the meeting to order at 7:32 o'clock P.M. The following members were present: Morson, Koll, Dreelan, Krebsbach, Duggan and Tilsen. Commission Dwyer was excused. Also present were Public Works Director Jim Danielson, Administrative Assistant Kevin Batchelder, Planning Consultant Tim Malloy and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES AYES: 6 NAYS: 0 Commissioner Duggan moved to approve the June 26, 1990 minutes with corrections. Commissioner Dreelan seconded the motion. CASE NO. 90-28: HEAVER DEVELOPMENT - WETLANDS PERMIT Mr. Keith Heaver, Heaver Development, was present to discuss his request for Wetlands Permit for seven lots on Brookside Lane, Lots 1,2,3,5 and 6, Block 1 and Lots 3 and 4, Block 2, Ivy Falls Creek Addition. Mr. Heaver explained that at the time of subdivision and platting, the Wetlands Permits for these lots were overlooked. Chairperson Morson pointed out that the entire Ivy Falls Creek Addition is identified as being within the Wetlands District. Chairperson Morson stated that any approval of the Wetlands would have to limit fill in the storm water holding pond at rear of the lot. Public Works Director Danielson concurred with Chairperson Morson. Mr. Heaver stated that he would submit a final grading plans to the City at the time the building permits are applied for. Commissioner Koll questioned if the trees on Lot 5 will survive the grading. Mr. Heaver stated that both he and the homeowner are concerned about the July 24, 1990 Page 2 trees and that they would like to save as many as possible. Mr. Heaver stated that he had just attended a seminar on tree preservation and that they will make every effort possible to save as many trees as possible. Planner Malloy pointed out that the survival of the trees will depend upon the specific type of tree species. Mr. Heaver stated that most of the trees are Cottonwood trees. Commissioner Duggan questioned the pool of water that is on Lot 6 and wondered if that existed before the recent rains. Mr. Heaver explained that Twin City Testing is in the process of testing the soil conditions. Commissioner Duggan stated he is concerned about the amount of dirt being taken out of the lot. He questioned if there could be a possibility of damaging the ponding area and wondered how that area could be protected. Mr. Heaver stated that testing of the soil has been done and that that is the water table that Commissioner Duggan is questioning. Public Works Director Danielson stated that a soil engineer should review the area. Commissioner Duggan stated that on Lot 3 it seemed that trees had already been chopped down. He stated that he urges Mr. Heaver to keep as many trees as possible. Commissioner Duggan further commented on the mound of dirt on Lot 4 and he wondered how long the dirt would remain on the lot. Mr. Heaver responded that that is a temporary stock pile of dirt and that a part of the fill would be used between the house and the street. He stated that the mound of dirt will be removed by the end of the week. Commissioner Tilsen moved to waive the public hearing and to recommend to the City Council that they approve the Wetlands Permit for Lots 1, 2, 3, 5 and 6, Block 1, Ivy Falls Creek Addition and Lots 3 and 4, Block 2, Ivy Falls Creek Addition conditioned upon that no fill be placed above high water level as directed by the City Engineering Department and that care be taken that no degradation occur to the water table as enforced by City personnel. Commissioner Duggan offered a friendly amendment stating that care be taken to protect the trees as referred to in paragraph three of the Planner's report (see attached Exhibit A). Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 CASE NO. 90-27: HEALTHEAST - SIGN VARIANCE July 24, 1990 Page 3 Mr. Thomas Rhude, Thomas Sign Company, was present to discuss a request by HealthEast to install a new sign to identify their new Immediate Care Facility. Commissioner Koll questioned why the sign will be located on the east side of the road. Mr. Rhude stated that the location of the entrance dictated where the sign could be placed and that aesthetically it is better to have the sign on the east side. Commissioner Koll questioned if there will be any additional signs added in the future. Mr. Rhude responded that he is unaware of additional signage in the future. Mr. Rhude further explained that the sign will be internally illuminated. Commissioner Duggan questioned if the lighting will be controlled by timers and Mr. Rhude answered that the lights will be controlled the same as the external building lights. Commissioner Duggan questioned the amount of traffic that will pass through the area. Mr. Rhude explained that at certain times the hours will be extended pass the normal working hours. Mr. Rhude further stated that they will be taking down the existing temporary signs. Commissioner Dreelan questioned if there will be landscaping around the sign. Mr. Rhude stated that there will probably be no landscaping around the sign. He stated that the sign sits fairly low to the ground. Planner Malloy briefly reviewed his concerns regarding the landscaping and the setback of the sign. He further stated that he is concerned with the possibility of an over abundance of signs in the future. Commissioner Koll moved to recommend to the City Council that they approve an eight foot (8') front yard setback variance on the east side of the road as submitted. Commissioner Tilsen offered a friendly amendment stating that the variance be conditioned upon removal of the non-conforming temporary signs and that some landscaping be considered. Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 0 CASE NO. 90-29: MIDWAY SIGN CO. - SIGN VARIANCE AYES: 6 NAYS: 0 CASE NO. 90-23: HOBBS - VARIANCE July 24, 1990 Page .4 Ms. Laura Stersa, Branch Manager of the Dakota County State Bank, was present to discuss their request for a sign variance. Ms. Stersa explained that the bank is having trouble with drive up teller traffic using the wrong entrance and then trying to get to the tellers by driving the wrong way at the access point. Public Works Director Danielson briefly explained that the present Zoning Ordinance does not allow ground signs in the B-1 Zoning District but that the City is in the process of updating the Ordinance and staff will include requirements for signage in the B-1 Zoning District. Commissioner Krebsbach stated her concerns for safety with respect to the Instant Teller Cash Machine. She stated that the sign might be drawing more attention to the Instant Cash Machine than necessary. Ms. Stersa stated that this sign would be an additional sign noting the cash machine. She explained that there is already a sign at the front entrance off of Dodd Road and South Plaza Drive. Commissioner Tilsen suggested that only one message should be included on the sign. He stated that there might a cause for confusion with the arrows and language on the sign. Commissioner Duggan moved to recommend that the City Council grant a thirty foot (30') front yard sign setback variance. Commissioner Koll seconded the motion. Mr. Jerold Hobbs, 1065 Wagon Wheel Trail, was present to discuss his request for a variance in order to enclose his existing entryway with a 7' by 14' roofed porch. Mr. Hobbs stated that he plans on heating the porch for flowers. Commissioner Duggan stated that he had visited with the family regarding the addition and that the AYES: 6 NAYS: 0 CASE NO. MATEYKA WETLANDS July 24, 1990 Page 5 Hobbs are considering a new exterior siding for the whole house and that the addition would be built to match the new exterior. Commissioner Duggan moved to recommend that the City Council grant a five foot (5') side yard abutting a street variance. Commissioner Krebsbach seconded the motion. 90 -30: PERMIT Mr. Paul Mateyka, Sr., owner of Lot 4, Block 1, Spring Creek Acres, was present to discuss his request for a Wetlands Permit. Mr. Mateyka explained that he is proposing to build a one story home on his property and that he has already submitted building plans to the City Building Department for their review. Commissioner Duggan questioned what are the stakes already in the ground. Mr. Mateyka explained that the blue stakes represent where the house will be placed and that a professional surveyor placed them. Commissioner Tilsen stated that preserving the character of the Wetland is more important than maintaining the existing front yard setbacks. He stated that the house is too close to the ravine and that he would like to see the house moved further to the north. Mr. Mateyka explained that if the house was moved further north, he would lose valuable lot space. He stated that there have been established setbacks with the existing homes. He stated that by taking off thirty feet (30') off of the street, he would lose $50,000 off the valuation of his home. He stated that he doesn't feel he should go through the aggravation in getting a permit due to what the City has done with installing a storm sewer system. Mr. Mateyka submitted pictures to the Planning Commission showing his lot and the various trees that stand on the lot. He further noted the variable setbacks of the existing homes. Chairperson Morson acknowledged the variable setbacks and questioned if Mr. Mateyka would be willing to move his setbacks. Mr. Mateyka July 24, 1990 Page 6 responded that he could move the setback up ten feet (10') and set the house fifty-five feet (55') from the ravine. He further stated that there are over two hundred (200) trees on his lot. Mr. Mateyka explained that he would lose seven or eight trees if he were to build the home as proposed. Commissioner Tilsen stated that, according to the contour map submitted, that the fill brought in would wipe out the front yard. He stated that it is impossible to ascertain what is on the contour plan. Chairperson Morson stated that the site plan submitted was carelessly done and that the Commission would like to see more accurate topographic plans. He further stated that he would like to see trees identified on the plans. Chairperson Morson stated that the contours, as shown on the plan, are contradictory. There was a brief discussion by the Planning Commission regarding whether they should recommend approval of the Wetlands Permit subject to the grading plans being worked out by Mr. Mateyka's surveyor or to table the request for further consideration by the Planning Commission. Mr. Mateyka stated that he would like to see a recommended approval as he would like to start construction as soon as possible before winter. Commissioner Krebsbach moved to table the request for a Wetlands Permit to the August 28, 1990 Planning Commission meeting due to the inadequate information submitted by the applicant. She further stated that the Planning Commission is trying to exercise extreme care in preserving the Wetlands in the City and that the applicant should resubmit an appropriate survey showing tree identification and a comparison of the existing grade and the proper grade. Commissioner Duggan offered a friendly amendment stating that the decision of the Planning Commission will be relative to the existing setback variances of the homes within the development. Commissioner Duggan seconded the motion. Commissioner Dreelan and Commissioner Koll questioned whether the request should be tabled or not. AYES: 4 NAYS: 0 July 24, 1990 Page 7 ABSTAIN: Dreelan, Koll HEARING - CASE NO. 90 -25: HEAVER DEVELOPMENT - CUP Mr. Keith Heaver, Developer of Mendakota Estates, was present to discuss his request for a conditional use permit. Mr. Heaver explained that the lack of sales is due to the appearance of the area. Mr. Heaver stated that he is proposing (to make the lots more interesting and marketable) to add some landscaping which would include mounds along the rear lot lines. Mr. Heaver stated that there is material, for the mounds, already deposited on the lot and that he was unaware that a conditional use permit was necessary. Mr. Heaver explained that he has retained a landscape architect to prepare the design. Commissioner Duggan complimented Mr. Heaver on the design and concept. Commissioner Duggan stated that he does not like the rubble that has been deposited. Commissioner Tilsen stated there is bituminous buried in the mound and that State Law prohibits the burying of bituminous. Commissioner Tilsen questioned if any of the fill is unusable for the berms. Mr. Heaver stated that there is about 800 to 1000 cubic yards of fill and that some of the fill is worth keeping. Chairperson Morson stated that he feels that some of the fill is worth saving and that the contractor should not be required to remove all of the fill. Chairperson Morson questioned if their are any easements on the land. Mr. Heaver stated that there is a five foot (5') easement on each lot. He explained that cable television is available on the rear of the lots and that gas, electric and telephone utilities are located on the front of the lots. Chairperson Morson questioned if the berming on the rear of the lots would conflict with the cable utility easements. Public Works Director Danielson stated that he was unaware of the cable television line located on the rear of the lots. Commissioner Krebsbach questioned who the owner of the land is. Mr. Heaver explained that Bream Homes was the original developer and that Perkegwin Investments are the owners. Mr. Heaver stated that he is representing the Perkegwin Investment AYES: 6 NAYS: 0 July 24, 1990 Page 8 Company. Chairperson Morson opened the meeting to the public for comment. Mrs. Hooper, owner of Lot 8, Mendakota Estates, stated that their lot is south of Mendakota Country Club. She stated that they have been unable to sell their land due to the lights and air conditioning from the Country Club. She stated that they would like to see some berming done on their property between themselves and Mendakota Country Club to help sell their land. Mrs. Janet Leichter, 909 Mendakota Court, stated that there is drain pipe, tile and asphalt in the fill deposited on the land. She stated that she is worried about possible drainage problems and weeds that could occur should the fill not be removed. She stated that there might be some good dirt there. She further stated that berming the lots is not objectionable. Commissioner Duggan moved to close the public hearing. Mrs. Leichter further stated that the land seems to drain well but there are pockets within the fill where the water stands which collects mosquitos and algae. Commissioner Dreelan seconded the motion. Commissioner Duggan moved to recommend that the City Council authorize the appropriate people to remove all of the fill that has been placed on the lots as it is offensive and unfair to the neighbors. He further moved to recommend to the City Council that they grant a conditional use permit based on suitable matter (fill) being brought onto the site and that the City Engineering staff protect the contouring of the land. Commissioner Tilsen offered a friendly amendment stating that the bituminous and metal materials be disposed of at the proper recycling places and that the existing fill material not be dumped on any other site in Mendota Heights. Commissioner Tilsen seconded the motion. July 24, 1990 page 9 AYES: 5 NAYS: 1, MORSON (Removal requirements too strict). HEARING - CASE NO. 90-24: J.A. DEVELOPMENT - CUP FOR PUD AYES: 6 NAYS: 0 HEARING CASE NO. 90-26: CON/SPEC - CUP As requested by J.A. Development, Commissioner Duggan moved to continue the public hearing to August 28, 1990 at 8:00 o'clock P.M. Commissioner Dreelan seconded the motion. A brief recess was called at 9:45 o'clock P.M. The meeting was reconvened at 9:50 o'clock P.M. Mr. Jerry Haarman, MIST Corporation, was present to discuss a request for a conditional use permit for participative athletics to construct an indoor soccer arena. Mr. Haarman explained that the site is a difficult site to build on. He explained that the previous plan to construct an indoor arena got a little out of hand and that they were unable to get the financing for the project. Mr. Haarman stated that they will be seeking Tax Increment Financing from the City. Mr. Haarman stated that has a new architect working on the project and that he feels that he now has a better building designed. Mr. Jim Kellison, Vice President of Con/Spec, stated that the new building will be constructed as a warehouse/industrial use building and that their first tenants will be for indoor soccer use. He explained that they have sunk the building about twelve feet (12'). He explained that the proposed material will be Fab Con with clear span trusses. Commissioner Tilsen questioned why there is no sewer hooked to the manholes. Mr. Kellison explained that they would be running sewer laterals for future industrial use and that they will be preparing plans. Commissioner Tilsen questioned if the storm sewer could remain under the building and he questioned if water loops are required through the building. Public Works Director Danielson stated that he would prefer to not have the storm July 24, 1990 Page 11 sewer running under the building specifically due to maintenance reasons. He further stated that he has not seen water looping done through a building in Mendota Heights because of metering problems. Commissioner Duggan questioned if Con/Spec has proof of parking. Mr. Kellison responded that they have proposed 127 stalls and that 98 stalls are required as per the Zoning Ordinance for the industrial/office district. Mr. Kellison submitted parking calculations to the Planning Commission. Mr. Kellison explained that they could provide an additional 72 stalls. Mr. Kellison explained that the mechanical equipment would be screened by pre-finished metal similar to the front entrance and that the equipment would not be visible from Northland Drive. He explained that the screens would be seen from Mendota Heights Road. Mr. Kellison explained that their budget had been stretched before the landscaping was considered. He explained that he likes to see an open area. Mr. Kellison explained that the color of the building would be a plain concrete color and that they are willing to make changes in the color if assisted by the City with the funds at the desire of the Commission. He explained that the vinyl used will be similar to what was used at the West St. Paul Rainbow Store. Commissioner Krebsbach questioned if there are emergency exits and drives for emergency vehicles. Commissioner Duggan stated that a concern with the previous plan was a turnaround for buses. Mr. Kellison, referring to a map, briefly explained where the emergency exits and turnarounds are proposed. In response to a question from Commissioner Krebsbach, Mr. Kellison explained the outdoor lighting. He stated that the lighting will go around the back of the building with wall packs. He stated that there will be lighting for the parking area. He further stated that they have considered spot lighting. Commissioner Duggan questioned if Con/Spec has considered installing a walking track within the building. Mr. Haarman and Mr. Kellison stated that that has been considered and that they will look into it further. July 24, 1990 Page 12 Chairperson Morson then opened the meeting for public comment. There was no one present to discuss this issue. Commissioner Duggan moved to close the public hearing. Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 0 Commissioner Krebsbach suggested that Con/Spec should bring samples of the materials proposed for Council's review. Commissioner Krebsbach moved to recommend that the City Council grant a conditional use permit for participative athletics and to grant a ten foot (10') variance to the rear yard setback, twenty-two foot (22') front yard sign setback variance and a seven foot (7') amendment to the City's policy allowing only twenty-five foot (25') wide driveway conditioned upon: 1. more decorative concrete pigment be used 2. more decorative lighting be used. Commissioner Duggan offered a friendly amendment stating that the approval should also be conditioned upon: 3. providing guardrails and 1' contours 4. proof of additional parking Commissioner Dreelan offered a friendly amendment stating that the approval should also be conditioned upon: 5. landscaping should be installed the building to soften the walls upright trees be used. 6. that the approval is subject Engineer's approval. in the front of and that more to final City Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 VERBAL REVIEW ADJOURNMENT AYES: 6 NAYS: 0 July 24, 1990 Page 13 Public Works Director Jim Danielson gave a verbal review to the Planning Commission on City Council action on Planning items. Commissioner Duggan moved to adjourn the meeting at 11:12 o'clock P.M. Commissioner Dreelan seconded the motion. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary