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1990-06-26 Planning Comm MinutesDRAFT CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JUNE 26, 1990 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 26, 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, Dwyer, Krebsbach, Duggan, Dreelan and Tilsen. Commissioner Koll was excused. Also present were Public Works Director Jim Danielson, Administrative Assistant Kevin Batchelder, Planning Consultant Phil Carlson and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Duggan moved to approve the May 22, 1990 Minutes. Commissioner Dwyer seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: Dreelan CASE NO. 90-22 Mr. Klayton Eckles was present to discuss his ECKLES request for a twenty-two foot (22') front yard variance to construct a new home at 2005 Victoria Road. Mr. Eckles explained that the home immediately to the west of his land is an older home that was the original home on the subdivision and is setback fifty-seven feet (57') from the property line. Mr. Eckles also stated that he has received signatures of consent from neighbors to the east and west of his property. Commissioner Tilsen moved to recommend to the City Council that they approve a twenty-two foot (22') front yard variance. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 HEARING Mr. Gerald Frisch, 960 Caren Road, was present to CASE NO. 90-18 discuss his request for a conditional use permit. FRISCH - Mr. Frisch explained that in 1980, he received a CUP conditional use permit to construct a pool and pool house in his rear yard. Mr. Frisch explained that the City Council agreed to allow him to install landscaping around the pool in lieu of fencing. Mr. Frisch stated that Dakota County permitted him to encroach on their right-of-way by installing the landscaping. Mr. Frisch stated that he has talked to James Backstrom, County Attorney, and they are presently working out an agreement to get permission to install the fence on the County right-of-way and at such time that Victoria Road is improved, the fence would have to be removed off the right-of-way at his own expense. Mr. Frisch stated that he does not feel that there is a problem since he is working on an agreement with the County. Mr. Frisch stated that he thought that he had permission to install the fence when he received the original conditional use permit and that is why he has already installed the fence posts. In response to a question from Chairperson Morson, Mr. Frisch explained that Mr. Hess lives to the south of the common property line and that there is a chain link fence along Mr. Hess's property line and that his fence would juncture with Mr. Hess's. He explained that the proposed fence would run parallel with Victoria Road inside the existing landscaping. In response to a question from Chairperson Morson, Mr. Frisch stated that the fence would be in the County right-of-way. Mr. Frisch explained again that the fence would be separated from the road by a mature hedge. Chairperson Morson questioned if the County gave Mr. Frisch permission to install the hedge and Mr. Frisch answered yes. Commissioner Duggan questioned Mr. Frisch is he had any documentation stating the agreement between Mr. Frisch and Dakota County regarding the landscaping. Mr. Frisch stated that the County had no objections as long as the hedge is not permanent. Mr. Frisch stated that he will be receiving a letter from the County. Public Works Director Danielson briefly explained that Victoria Road will be turned back to the City from the County and that in anticipation of that, the City had designated Victoria Road as an M.S.A. road. Commissioner Dreelan questioned if the fence could be moved in so that it is not in the right-of-way. Mr. Frisch stated that he would like to leave the fence where it is proposed and that he does not feel that the fence would be detrimental to the neighborhood. He further stated that he finds this whole procedure burdensome. Chairperson Morson then opened the meeting for AYES: 6 NAYS: 0 public comments. Commissioner Dwyer formally accepted a letter submitted by Mr. Hess, neighbor of Mr. Frisch, stating that he has no problem with the fence installation if it is not installed along the border of his property located at 1645 South Lexington. Mr. Christian, Lilac Lane, stated that he has no problem with the fence. Mr. Don Lewis, lives across the street from Mr. Frisch, questioned if the fence will be behind the hedge. Mr. Frisch answered that it would be. Mr. Lewis stated that he has no problem with the fence. Ms. Anita Stockton, 969 Caren Road, stated that she has no objections to the proposed fence. Commissioner Duggan stated that the drawing submitted to the Planning Commission shows that the proposed fence will be constructed on Mr. Frisch's property line. Mr. Frisch stated that the plan is incorrect. Commissioner Dwyer moved to close the public hearing. Commissioner Koll seconded the motion. Commissioner Duggan moved to recommend to the City Council that they approve a conditional use permit to construct a fence inside the maple hedge conditioned upon: 1. Mr. Frisch provide the City Council with a written agreement from Dakota County approving the construction. 2. That a survey be submitted showing the proposed fence location and existing facilities accurately. 3. That Mr. Frisch agree to remove the landscaping and fencing at no cost to County or City at such time as the City of County improves the roadway. 4. That the existing hedge be maintained. Commissioner Dwyer seconded the motion. AYES: 5 NAYS: 1, Morson HEARING CASE NO. 90 -19 DELTA ENVIRON. CONSULTANTS Mr. Craig Anderson, representing Delta Environmental Consultants, was present to discuss their request for an accessory structure in a B -2 Zone to be constructed at the Amoco station located at 2030 Dodd Road. He explained that the accessory structure CUP is being proposed as part of a Minnesota Pollution Control Agency treatment system to clean up the site due to gas leakage from the old underground storage tanks. Mr. Anderson explained that the accessory structure would house a recovery well to pump and treat groundwater, remove the gas and discharge the waste into the sanitary sewer system. Mr. Anderson stated that the system could be running for three to five years. Commissioner Duggan stated his concerns with the unusual noise and vibrations caused by the system pumping. Mr. Anderson stated that they are estimating to pump one gallon per minute. In response to a question from Commissioner Dreelan, Mr. Anderson stated that the decision to dismantle the accessory structure would have to be made by the owner of the station. Commissioner Duggan stated his concerns with the emission of fumes. Mr. Anderson stated that that area is regulated by the Minnesota Pollution Control Agency and that everything they do will be in compliance with their regulations. Mr. Anderson stated that there are annual testings done on the equipment. He stated that they would report to the City on the sewer discharge and that they could include the annual testings with the report on the sewer discharge. In response to a question from Commission Tilsen, Mr. Anderson stated that once the contamination is below the MPCA standards the wells and pump would be abandoned according to the Department of Health standards. Commissioner Dreelan questioned where the structure will be placed on the land. Mr. Anderson stated that they will be meet the City requirements on setbacks. Commissioner Krebsbach questioned how the creek, near McDonald's, will be affected. Mr. Anderson stated that he is not sure what the completed depth of the well will be. He explained 1 that the reason why they are installing this system is so that they do not impact the creek. Commissioner Dwyer questioned if Delta Environmental Consultants could provide the City with a Certificate of Insurance showing proof of insurance. Mr. Anderson stated that they would. Chairperson Morson then opened the meeting to the public. There was no one present to discuss this matter. Commissioner Dwyer moved to close the public hearing. Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 0 Commissioner Tilsen moved to recommend to the City Council that they approve the conditional use permit conditioned upon: 1. That the structure meet the setback requirements. 2. That the building be used only for pumping for the treatment of ground water. 3. That the building be removed after the treatment is completed. Commissioner Dwyer offered a friendly amendment stating the Delta Environmental Consultants submit to the City a Certificate of Insurance. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 HEARING Mr. and Mrs. Jack Sjoholm, 1161 Delaware Avenue, CASE NO. 90-20 were present discuss their request for a SJOHOLM conditional use permit to construct a six foot (6') CUP solid board fence along their property line abutting Wentworth Avenue to provide screening and abatement of traffic noise. Mrs. Sjoholm explained that they have modified the plans from the original design and that the Commission should review the plans showing a pencil line indicating the location of the fence. She stated that they are now seeking approval for the fence location furthest from Wentworth Avenue. Mrs. Sjoholm explained that the fence line meanders through existing trees and is AYES: 6 NAYS: 0 forty -three feet (43') from the centerline at its closet location and forty -eight feet (48') at the furthest location. She stated that they want to save as many trees and vegetation as possible. Mrs. Sjoholm submitted pictures for the Planning Commission to review. After a brief discussion complimenting the Sjoholm's on their design, Chairperson Morson opened the meeting to the public. There was no one present to discuss this matter. Commissioner Duggan moved to close the public hearing. Commissioner Krebsbach seconded the motion. Commissioner Krebsbach moved to recommend that the City Council grant a conditional use permit for a fence conditioned on: 1. That the fence be within the pine trees. 2. That the approval be for the penciled line on the site plan at a range of forty -three feet (43') to forty -eight feet (48') from the centerline of Wentworth Avenue. Commissioner Dreelan seconded the motion. AYES: 5 NAYS: 1, Morson CASE NO. 90 -21 BATESVILLE CASKET COMPANY LOT SPLIT AND VARIANCES Mr. Thomas Owens, Attorney, and Mr. Bruce Jones, representing Batesville Casket Company, were present to discuss a request for a lot split and two side yard variances in order to construct an office /warehouse on Northland Drive at Highway 55 on lots 3 and 4, Block 1, Northland Plaza. Mr. Owens briefly explained who owns the land and why Batesville Casket Company is looking to relocate their company. He explained that the facility will be constructed on Lot 4 and that Lot 3 would remain vacant for future development. Mr. Owens stated that Batesville Casket Company does not employ many people. He further explained that the impact on traffic will be minimal since there will be roughly 4 to 5 trucks per day. Mr. Owens briefly discussed the shared driveway concept and noted several advantages for the shared driveway. Mr. Owens explained that the driveway will run right along the new property boundary. Mr. Owens explained how maintenance costs would be shared. In response to a question from Commissioner Duggan, Mr. Owens stated that a driveway easement could be established to be sure that there is a sharing of maintenance costs, rebuilding costs and that each company maintain liability insurance, etc. Chairperson Morson stated that he has concerns for the building being to crowded to the west and that a common driveway is a safety hazard. Mr. Bruce Jones presented revised drawings showing elevations and site sections. Mr. Jones briefly explained the grade change on Lot 3 and that it creates an accessibility problem. He explained that because of the grade change there is really no option but to have a shared driveway. Mr. Jones explained that Lot 4 is the preferable site for exposure and accessibility. He explained that Batesville Casket is requiring to have three docks and one drive in door. Mr. Jones explained that the docks would be along 1-494 and that they would berm and screen the truck area. He stated that they would maintain aesthetically the driveway. In response to a question from Commissioner Duggan, Mr. Jones stated that they would create berms that could be four feet (4') high. He explained that the natural slope of the freeway cut is basically shielding the site. Mr. Jones stated that they would be happy to provide as much vegetation as possible to screen the wall. Commissioner Tilsen questioned how the trucks can back into the docks. Mr. Jones stated that they would have to pave part of their future driveway in to the adjacent site and that they would extend the driveway easement to have the best truck backing access. Commissioner Duggan questioned how essential future expansion is, Mr. Jones stated that it is the key part to their program. Commissioner Duggan stated that the concrete is not pleasing because the building is too large. Chairperson Morson stated that there is enough space available on the lot to preclude any variances. He stated that there is a safety concern on the east side of the building. He further stated that he is concerned with the trucks on the driveway in relation to the parking lot being so close to the driveway. Public Works Director Danielson stated that he sees no problem with the parking lot design. Chairperson Morson questioned if the building could moved further east. Mr. Jones stated that there is an NSP easement and severe grade problems that make a portion of Lot 3 unbuildable. Chairperson Morson stated that he agrees with the Planner that the building is too large for the property. Chairperson Morson stated that with respect to the variance requests there is no hardship. Mr. Jones briefly discussed the color schemes. He stated that they are planning natural colors with accent bands that are intermediate. There was a brief discussion regarding the Planning Commission's overall concern about the building being too large for the site. The Planning Commission further discussed their concerns relating to the parking along the shared entrance drive. Commissioner Dwyer moved to grant the lot split and the two variances according to the plans submitted and P-3 and P-4 as well as the landscape plans and line back up plans. Commissioner Dreelan seconded the motion. AYES: 3 NAYS: 3, Krebsbach, Morson, Duggan AYES: 6 NAYS: 0 Motion fails. Commissioner Duggan moved to recommend that the City Council grant the lot division as requested Commissioner Dwyer seconded the motion. Commissioner Duggan moved to recommend that the City Council grant a side yard setback variance to allow a shared driveway for Lots 3 and 4 and twenty foot (20') side yard setback variance to allow a future building expansion along Trunk Highway 55. Commissioner Duggan further recommended that the Council should look at shifting the building to reduce the need for a variance. Commissioner Dwyer seconded the motion. AYES: 4 ) NAYS: 2, Krebsbach, Morson CASE NO. Cs:7,y-N4c.,V ( A brief recess was called at 10:05 o'clock P.M. The meeting was reconvened at 10:12 o'clock P.M. 90-03 Chairperson Morson stated that he would like to commend Commissioners Tilsen and Dwyer for the great deal of time they spent in the staff meeting regarding the Phase II of Kensington. Chairperson Morson then turned the meeting over to Vice Chair Dwyer. Mr. Dick Putnam, Tandem Corporation, reviewed the updated plans dated June 22, 1990. He explained the changes in the setback of the garages. He further explained that the buildings surrounding the park have been adjusted by using a sixteen unit building instead of two eight unit buildings. Mr. Putnam stated that they have reduced the ponding areas and that the recreational building has been moved. He explained that they have shifted buildings along the freeway to add more space. Mr. Putnam showed the Devonwood project in Bloomington in comparison of clustering which is much tighter in Bloomington than what is proposed in Mendota Heights. Mr. Putnam explained that there are no places where window exposure and garages less than twenty feet (20') separation. He explained that it is mostly corner relationships that are less than standard. Mr. Putnam showed the revised bermings along Mendota Heights Road. He explained that the berms would be five to eight feet tall. Commissioner Dwyer questioned the size of the mature trees that will be planted. Mr. Putnam stated that they would be four to six feet and that the pine trees could be twelve to twenty feet. In response to a question from Commissioner Dwyer, Mr. Putnam stated that the phasing of landscape begins when the homes are started and that the irrigation is installed first. He stated that sod may be last. Mr. Putnam reviewed the elevations of the berms along 1-494. He explained that the berms would be eighteen feet. Mr. Putnam stated that you could see the top of garages and the second floor from the freeway. Mr. Putnam explained that the berms on the private road would be nine feet and that there would be plantings on top of the berms. Commissioner Duggan questioned where the state fence is located on the land, Mr. Putnam answered that it is 2/3 the way of the slope. Commissioner different grades of siding used in construction. Commissioner Duggan questioned the minimum distances and how many deviations there are between buildings and garages and parking to buildings. Mr. Putnam explained that many of the deviations are at a corner, porch, access point where there are no windows or views. Commissioner Dwyer briefly discussed the prohibition of long term rental. He stated that the City Attorney responded, using Attorney-Client privileged memorandum, that the City cannot restrict long term rental property. Commissioner Dwyer then asked if Kathleen Connolly, attorney representing the residents if she had any questions. Ms. Connolly questioned the setbacks along Owens Pond and wondered if there will be clarifications about decks and additions. She questioned a home that has forty feet setback. Mr. Putnam stated that the forty foot setback is on marsh area by the Beale' s. Ms. Connolly stated that they will respond in writing to Planner Malloy's planning report. She stated that when she read Planner Malloy's report she wondered if he was employed by Centex Homes. Ms. Connolly stated that they disagree with the density calculations and that they disagree with the project deviations from Ordinance by PUD. Commissioner Tilsen stated that he is concerned with traffic relating to the park and questioned if Park Lane could be made a one way street. He further asked Public Works Director Danielson to briefly review the reasons why signal lights are not going to be installed at Dodd Road and Mendota Heights Road. Commissioner Krebsbach questioned if the square footage of the homes could be changed. Mr. Putnam stated that the buildings are very complex in design and that they just cannot be changed. He explained that a variety of unit types are proposed to meet the market demands. Commissioner Tilsen questioned the storage inside the units. Mr. Putnam stated that storage is measured in volume. Mr. Putnam stated that within the garages there is plenty of storage available. Commissioner Dwyer stated that there are a lot of legal issues to review and suggested that the Commission pass along this information to the City Attorney and the City Council. Commissioner Duggan questioned the amount of park acreage being contributed. Commissioner Duggan then questioned the financial solidity of Centex Corporation. Mr. Tom Boyce responded that Centex is publically held and that they are the second largest builder in the Country. Mr. Boyce stated that they will provide any figures requested. Mr. Boyce provided Commissioner Duggan with an annual report. Commissioner Duggan stated that he is against private roads. He further commented that the City does not have enough park land and that this is "our" last chance. Chairperson Morson moves in view of the request made by the City Council at their May meeting and the meetings held subsequent to that that the Planning Commission recommend that the City Council approve the rezoning, wetlands, preliminary plat and conditional use permit for planned unit development and that the consider Park Lane to be designated as a one way street. Commissioner Dwyer offered a friendly amendment that the Planning Commission is aware of the legal issues that have been raised by all parties and that the Planning Commission is not taking a position on it and that this recommendation is made conditioned upon review by the proper legal authority. Commissioner Tilsen seconded the motion. AYES: 3 NAYS: 3 Dreelan, Duggan, Krebsbach Motion fails. Commissioner Duggan moved to recommend that the City Council deny the rezoning, wetlands, preliminary plat and conditional use permit for planned unit development as requested. Motion fails due to the lack of second. Commissioner Tilsen moved that the latest revised plans are an improved plan and that the public record gathered during the review of the Council's list of identified issues should be forwarded to the Council for their review. Commissioner Tilsen further added that the City Council consider making Park Lane a one way street designation. Commissioner Krebsbach seconded the motion. AYES: 4 NAYS: 2, Morson, Duggan AYES: 6 NAYS: 0 Chairperson Morson questioned why his motion failed and Commissioner Krebsbach stated that she is still concerned with density. Commissioner Duggan stated that this request is in conflict with the Comprehensive Plan and Commissioner Dreelan concurred. Commissioner Krebsbach stated that her concern is with the configurations of the units and that she had suggested that the housing should be spread out more. Chairperson Morson stated that he does not feel that the Planning Commission is doing its job. Commissioner Dwyer moved to adjourn the meeting at 12:31 o'clock P.M. Commissioner Krebsbach seconded the motion. Respectfully submitted, MoidilWaiw Kimberlee K. Blaeser Senior Secretary