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1989-07-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES, JULY 25, 1989 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 25, 1989, in the City Hall Council Chambers, 1101 Victoria Curve. Chairman Morson called the meeting to order at 7:32 P.M. The following members were present: Morson, Koll, Dwyer, Anderson, Krebsbach and Duggan. Commissioner Tilsen was excused. Also present were Public Works Direction James Danielson, Administrative Assistant Kevin Batchelder and Planning Consultant Howard Dahlgren. APPROVAL OF MINUTES Ayes: 6 Nays: 0 CASE NO. 89-27, PATRICK VARIANCE Commissioner Duggan moved approval of the minutes of the June 13th and 27th meetings with corrections. Commissioner Anderson seconded the motion. Scott Patrick, 536 Fremont Avenue, described the garage addition to his house and the variance he was requesting. After some discussion, Commissioner Anderson moved to recommend approval to City Council for a 5 foot (5') front yard setback for the proposed garage and an additional variance of 17 feet 6 inches (17'6") to the front yard setback for the existing non-conforming house which is situated 12 feet 6 inches (12'6") from the property line. Commissioner Krebsbach seconded the motion. Ayes: 6 Nays: 0 HEARING: Chairman Morson opened the meeting for CASE NO. 89-25, the purpose of a public hearing on an DODGE NATURE CENTER application from Dodge Nature Center for a conditional use permit for a planned unit development. Jim Malkowski, representing the Dodge Nature Center explained that the Dodge Nature Center is asking for a conditional use permit for a planned unit development. He stated that the nature center owns 155 acres of land and on that parcel of land, there are three home sites and behind one of the home sites the nature center is contemplating building a visitor center. He discussed the history of the Dodge Nature Center with regards to their dedication to environmental education. He stated that their program has grown and now they would like to utilize the Mendota Heights property. Chairman Morson discussed the access problem off of Highway 110. He stated that the Mn Dot does not want the nature center to have an access off of Highway 110. He said that a main effort should be made to develop a main access off of Highway 110. He questioned whether the walk ways would be graveled. Jim Malkowski replied that the primary walk way entrance would be asphalted for handicap access. Chairman Morson asked Mr. Malkowski if the State were to agree to one entrance off of Highway 110, would the nature center agree to that proposal. Mr. Malkowski answered that initially the nature center was trying to use that proposal but when they approached the State, the State was adamantly opposed. He stated that the nature center likes the approach on the path through the woods from the parking lot. He stated that they would like the emergency road where it is (Kirchner Property) as a closed drive and have another entrance on Highway 110 near proposed parking lot to avoid Dodge Lane. He stated that the dilemma is that they don't control the access answer. Chairman Morson asked about the turn around for emergency vehicles and Mr. Malkowski responded that there would be no problem with the turn around. Mr. Edward Frenette, Architect for the Dodge Nature Center, stated that if that was a major issue they could change it but pointed out that this meets the Fire Marshal's requirements for the turn around. Chairman Morson asked how the service vehicles delivering supplies would get down the lane. Mr Malkowski answered that Howard Dahlgren, Planning Consultant, pointed this issue out and that the board at the nature center is analyzing recommendations from Howard Dahlgren. Chairman Morson expressed his concerns about the possibility of not accommodating the service vehicles with an access road and that eventually those vehicles could end up using the emergency entrance. Mr. Frenette stated that the pathway could be used for service vehicles. He stated that the dimensions are wide enough and that the bridge could carry a small truck. He stated that they are trying to keep the path and bridge as modest as possible. Chairman Morson asked about handicap access to the lower level. Mr. Malkowski stated that he had talked to Planner Dahlgren regarding that issue. He stated that they are looking at a route way around the site and that this issue is going to the nature center's building committee. He stated that Planner Dahlgren's suggestions are being responded to. Commissioner Duggan expressed his concerns about the grading plan. He asked what the slope would be. Mr. Frenette stated that the grade is virtually flat and that it is less than five percent. He stated that the grade meets state code and standard building codes. He stated that Dodge Lane is much higher. Commissioner Duggan asked if this interferes with the terrain and Mr. Malkowski responded that it does not. Commissioner Duggan stated that the parking spaces seem modest and stated that the plan indicates room for expansion. Mr. Frenette stated that there is a total of 70 spaces. Commissioner Duggan stated that staff points out that 101 spaces are needed. He asked if the nature center plans on using the amphitheater at the same time as the other groups. Mr. Frenette responded that the assumption was that they would not be used at the same time. Mr. Malkowski stated that approximately 95 percent of the time there will be a total of 50 people there during the day and that 5 percent of the time there will be formal programs. He stated that 70 to 100 spaces will be needed but that is about ten years away. Commissioner Duggan questioned parking spaces for buses. Mr. Frenette answered that there will be two or three spaces, possibly four. Commissioner Duggan asked about lighting in the parking lot and Mr. Malkowski answered that there would be low lighting. Mr. Malkowski stated that with a large crowd, they will continue to use shuttle buses from Sibley High School. Commissioner Duggan stated that it would not be easy for shuttle buses with only one right turn from Highway 110. Mr. Malkowski stated that they do it with the nature center in West St. Paul and that it has proven effective. Mr. Frenette stated again that it is possible to park four buses there and that the amount of cars can be controlled relative to the need for bus parking. He stated that it is a management question not a design question. Commissioner Duggan asked if in the event that Mn Dot doesn't cooperate, what are the alternative routes besides Dodge Lane. Mr. Malkowski answered (referring to a map) that there are three alternate routes presented: access from Highway 110, access other than Highway 110 and access off of Dodge Lane. Commissioner Krebsbach asked if there will be a car lane for cars turning right off of Highway 110. Mr. Frenette responded that there will be a decelerating and acceleration lane. Mr. Frenette stated that Mn Dot will control the amount of cars. Commissioner Krebsbach asked about individual cars and how they would be directed coming from the east would they be making a U-turn. Mr. Malkowski stated that they would direct them using the Wentworth route (Wentworth to Marie to Delaware). He stated that this would happen maybe one or three times a year. In response to a question from Commissioner Krebsbach, Mr. Malcowski stated that a major crowd would consist of over 100 people with roughly 40 cars. Commissioner Anderson asked what the present timetable is for building. Mr. Malcowski stated that there is no money to start building and that the only pressure on them is the workload amount. He stated that the more expediently they can have the plan passed, the more rapidly they can attend to raising the money to start building. He stated that they are approaching the financing as carefully as the design. Commissioner Anderson stated that the access off of Dodge Lane is the only controversial point and that the more time you have the more effort can be made in dealing with Mn Dot. Commissioner Anderson stated that he thought the plan was a good one and that it will certainly benefit the committee, but the only condition would be to avoid Dodge Lane. Commissioner Dwyer asked if a frontage road with one entrance has been considered east from the center. Mr. Malcowski stated that if all else fails, he thought that that alternative would be reviewed. Commissioner Koll stated that she is concerned about the heavy traffic on Dodge Lane and she asked if the handicap access would be asphalted. Mr. Malcowski stated that the trail would be asphalted. She asked what the walking distance is from the West St. Paul site to the Mendota Heights site. Mr. Malcowski answered that a casual walk would be approximately 15 to 20 minutes. Commissioner Duggan asked staff if there was a 500 foot regulation of the length of a road going into a cul-de-sac. City Engineer Danielson responded that applies for a public street and that this is a private drive. William Hodapp, Dodge Lane, prepared a statement and submitted it to the Commission. He stated that he supports the nature center. He stated that he as serious concerns about using Dodge Lane as the main access. He explained his concerns to the Commission. He stated that the Dodge Lane access poses as a problem because it is very dangerously going out of Dodge Lane on to Delaware Avenue due to the hill. He further read a statement submitted by Paul and Judy Rheins, 522 Dodge Lane, which stated that they support the Dodge Nature Center's proposed interpretive center but that they oppose the Dodge Lane access. Mr. Patrick Moran, 508 Dodge Lane, stated that he was told when he purchased his home that the land would be left inactive and that Dodge Lane would not be upgraded. He further stated that he feels that the nature center is being insensitive to their neighbors on Dodge Lane and he stated that he was also opposed to the Dodge Lane access. Jerry, Dodge Lane, stated that he supports the development of the nature center but that he too opposes the Dodge Lane access. He stated that the access is unacceptable. He said that there is a shared access down by the United Methodist Church. Mr. Virgil McQuay, representative from United Methodist Church, stated that • their property is 45 acres right next to the nature center. He stated that they are concerned about a shared driveway. In response to Mr. McQuay's question, Mr. Frenette stated that the nature center is 1200 feet from the shared driveway. Chairman Morson explained regarding a shared entrance that the Planning Commission can only make recommendations to the City Council and not design an entrance. He stated that the Commission can recommend to the Council that an acceptable entrance should be found. Mr. McQuay further stated that a shared entrances should not be considered without the input of the Church. He also asked about the availability of sewer and water. Chairman Morson answered that plans have been submitted and that City water is being provided. Mr. Bruce Vatne, 2205 Bent Tree, stated that he would be concerned if there was access to the nature center from the south side (Huber Drive and Bent Tree). He stated that people walking through the area would be a concern also. Mr. Malkowski briefly discussed the plans that have been in effect since a year and one half ago. He stated that there have been six different plans discussed. He stated that the nature center wants to do what is best for the neighbors. He stated for the neighbors to say otherwise is to be naive. He further explained that when the lots on Dodge Lane were diagramed and when the nature center had to buy the property, they had to borrow the money and they could not pay off the money. He stated that there was a proviso in the agreement that they could develop a portion of the property in order to gain the rest of the property (155 acres). In order to get that property, the nature center was able to develop the acreage along Delaware and that the nature center elected not to do it in the area that was initially provided which was near Friendly Hills. The nature center elected not to develop that land because it was a wetlands and that it would have been impractical to do. He said that the nature center could have "pasted" the land with houses and could have made a lot of money but instead they decided to put houses up Ayes: 5 Nays: 1, Duggan which would be enough to pay for the land. He stated that the nature center has a great sensitivity to the people and the land. In response to Mr. Malkowski's statement, Mr. Moran, 508 Dodge Lane, stated he appreciates the nature center but feels that the input of the neighbors early on could have prevented some of the opposition he is facing. Mr. Malkowski stated that the nature center will do better with respect to Mr. Moran's comment. Commissioner Duggan asked Mr. McQuay, representative to the United Methodist Church, if he could decide on a common access road. Mr. McQuay responded that the Churches board would have that responsibility. Commissioner Anderson moved to close the public hearing. Commissioner Krebsbach seconded the motion. • A discussion ensued over whether the public hearing should have been closed because the access question was still undecided. Chairman Morson stated that it was not the Planning Commission's job to decide for the applicants which was the most appropriate access point. Commissioner Dwyer made a motion that the Planning Commission finds the Dodge Lane access to be unacceptable and that they recommend the proposal be rejected on the basis of the Dodge Lane access. Commissioner Duggan seconded the motion. Chairman Morson inquired whether the motion should address the other details in the design proposal. Commissioner Dwyer responded that the major concern of the design is the access question. Commissioner Koll suggested that we can condition the recommendation to staff's suggestions about the turn around, public access and other design details. Planning Consultant Howard Dahlgren responded to a process question by stating that in essence there is no plan once the Dodge Lane access has been removed. He also stated that any alternative solutions discussed at the Planning Commission are not considered formal plans. He stated that the Planning Commission can recommend approval based on Dodge Nature Center pursuing solutions to the access question and that the Planning Commission can pass along a generalized recommendation to City Council. Dahlgren stated the access question may be beyond Dodge Nature Center's control and that until Mn Dot approves something there is no plan. Planning Consultant Howard Dahlgren stated that there is a legal access point at the Kirchner farmstead. He also stated that Mn Dot can only condition this access point, not deny it and Dodge Nature Center should explore the legalities of their access. Commissioner Dwyer stated that it's the Planning Commission's function to make findings of fact. The finding of fact is that Dodge Lane is unacceptable. He stated that we must reject the plan as proposed. Commissioner Anderson suggested that the Planning Commission should recommend approval that incorporates staff's provisos and that every effort should be made to access other than Dodge Lane. He stated that saying no to one aspect of the design should not kill the whole project. Commissioner Dwyer withdrew the original motion in order to revise it. He moved to approve the CUP for PUD with staff's provisos and the condition that Dodge Lane is unacceptable as an access point. Commissioner Koll seconded the revised motion. Planning Consultant Dahlgren stated that this general recommendation gives the applicants direction to go to City Council. Ayes: 5 Nays: 1, Anderson CASE NO. 89 -26, ISD #197, CUP The Planning Commission took a short recess at 9:35 P.M. Chairman Morson called the meeting to order at 9:45 P.M. Lois Rockney, representing Independent School District No. 197, gave a presentation on the proposal to build temporary classrooms at Mendota Elementary School which requires a CUP. Chairman Morson inquired if the trees would be removed. Ms. Rockney responded no. Commissioner Koll inquired if a time limit constraint could be place on the CUP to limit the temporary nature of the classrooms. Planner Dahlgren stated that you can limit the approval to five years. Ms. Rockney answered questions concerning size of classrooms and needs of students. Commissioner Duggan stated that the developer's agreement should require the contractor to replace the trees if they are damaged. Chairman Morson opened the floor for questions from the public. Chuck Wald, Twin Circle Drive, stated that he was opposed to temporary structures near his backyard. He inquired about the needs for classrooms and the number of students. Ms. Rockney answered that there has been significant growth at the elementary level. Mr. John Desonto, Twin Circle Drive, wanted to know where the placement of the temporary buildings would be. He was especially concerned about when the construction would take place, would it be during normal working hours and would they be working on the weekends. Ms. Rockney replied that it would take about four weeks and that to her knowledge there would be no odd hours of building. Mr. Virgil McQuay, Kay Avenue, stated that the building was originally planned for 650 students and questioned the need for portable classrooms. Commissioner Anderson stated that the school district must respond to growth in the area and he inquired if by putting a five year limitation on the buildings, would the school district need the buildings past that period. Ms. Rockney responded that yes they will need them but that there will be permanent structures by then. Commissioner Koll closed the public hearing. Commissioner Duggan seconded the motion. Ayes: 6 Nays: 0 Commissioner Duggan moved to recommend that City Council approve the request for the CUP to construct two temporary buildings as proposed with the following two conditions: 1. That a five year limit be placed on the temporary structures with the requirement that at the end of five years would be necessary to re-apply to continue the conditional use. 2. That the two large trees located near the proposed expansion not be removed and that they should be replaced if damaged during construction. Commissioner Dwyer seconded the motion. Ayes: 6 Nays: 0 CASE NO. 89-21, Chairman Morson reopened the public Mendakota Country hearing to consider Mendakota Country Club, CUP for Fence Club's request for an amendment to their CUP to allow construction of a security fence along their property line. Mr. John Carl, representing Mendakota Country Club, stated that he had discussed the fence proposal with City Council at the time his sign proposal was Ayes: 6 Nays: 0 being considered. He stated that they had received different directions from City Council regarding the color of the fence. He stated that the Council preferred a galvanized fence to one coated with green vinyl. He stated that this is not a major concern of the Country Club's, and that the screening of the fence is a bigger concern because of the cost involved. Mr. Carl presented the Country Club's concept for screening the fence. They would plant groupings of vines every five to six feet along the 600 feet of fence on Dodd Road in the Spring of 1990. In addition to this, there internal nursery would provide plantings of Evergreens, hardwoods and scrubs on an annual basis in a fashion similar to what exists along Highway 110. Mr. Carl stated that through their meetings with their neighbors they had attempted to resolve the issue of landscaping and buffering along the south edge of their parking lot. He stated that nine Evergreens would be planted this fall bringing the Country Club into full compliance with the plans approved for their CUP. He also stated their architect is considering ways to baffle the lights. Commissioner Koll distributed pictures of Minnikanda Country Club and the screening that exists there. She stated she likes the concept of vines better than shrubs and lilacs. Commissioner Krebsbach moved to close the public hearing. Commissioner Duggan seconded the motion. Commissioner Krebsbach moved to recommend that City Council approve the requested amendment to the CUP to allow construction of the fence along the property line conditioned on: 1. The enhancement of the fence with groupings of vines. 2. Plantings of Evergreen, hardwoods and shrubs, to compliment the vines, are to be performed on an annual basis, in an appropriate manner, similar to the existing plantings along Highway 110. Commissioner Duggan seconded the motion. Ayes: 6 Nays: 0 CASE NO. 89-29, Mr. Scott Vidas, 2335 Swan Drive, made Vidas Wetlands a presentation regarding the above ground Permits pool he wishes to build in his backyard that would be within 81 feet of Roger's Lake. Chairman Morson stated that he had visited the site and stated that the applicant had the pool adjacent to the house and as far from the lake as was possible. Commissioner Koll moved to exempt the applicant from the public hearing requirements. Commissioner Duggan seconded the motion. Commissioner Krebsbach expressed some concern that by skipping the public hearing, the neighbors would not have a chance to comment on the proposal. Commissioner Krebsbach offered a friendly amendment to the motion exempting the applicant from the public hearing. This friendly amendment conditioned the waiving of the public hearing on the applicant's compliance with obtaining signatures of consent from his immediate neighbors. Commissioner Koll accepted this friendly amendment. Commissioner Duggan seconded the amended motion. Ayes: 6 Nays: 0 Commissioner Koll moved to recommend that City Council approve the wetlands permit provided that the applicant obtained signatures of consent from the immediate neighbors. Ayes: 6 Nays: 0 VERBAL REVIEW Public Works Director Jim Danielson gave a verbal review of Council action. Ayes: 6 Nays: 0 Commissioner Dwyer moved to adjourn the meeting. Commissioner Duggan seconded the motion. TIME OF ADJOURNMENT: 10:45 p.m. Kimberlee K. Blaeser Kevin Batchelder