CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JUNE 27, 2017

Transcription

1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JUNE 27, 2017 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 27, 2017 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael Noonan, Doug Hennes, Mary Magnuson, Christine Costello, and Brian Petschel. Those absent: None Approval of Agenda Chair Field, after consulting with the other Planning Commissioners, changed the order of the agenda as follows: B) Planning Case # C) Planning Case # E) Planning Case # A) Planning Case # D) Planning Case # All of the commissioners agreed to this change in the order of the agenda. Approval of May 23, 2017 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL TO APPROVE THE MINUTES OF MAY 23, 2017, AS PRESENTED. AYES: 6 NAYS: 0 Hearings B) PLANNING CASE # GEMINI MEDICAL - CONDITIONAL USE PERMIT TO AMEND THE PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT FOR MENDOTA HEIGHTS PLAZA, TO ALLOW THE CONSTRUCTION OF A NEW 17,000 SQUARE FOOT MEDICAL OFFICE BUILDING Community Development Director Tim Benetti explained that this was a request for a Conditional Use Permit (CUP) to amend the previously approved Planned Unit Development (PUD) for Mendota Heights Plaza. The property is generally located at Highway 110. The applicants are seeking approval to amend the Planned Unit Development in conjunction with a proposed June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 1 of 26

2 17,000 headquarter office building to locate just behind the current Walgreens facility. The City Code requires the City Council approval for any amendments to an approved PUD. Mr. Benetti shared an aerial view of the property under consideration, located immediately behind the current Walgreens facility, right off of South Plaza and Dodd Road. Gemini Medical is a partner of Arthrex orthopedic medical devices and feel they would be better able to serve their clientele of orthopedic surgeons in the metro area with this new facility. This new facility would serve as their new headquarters/primary offices for business administration and sales teams, provide area for shipping and receiving necessary supplies and inventory, with 2/3 of the building area being for client hospitality/education and administration and sales, while the remaining 1/3 of the building area would be dedicated to inventory shipping and receiving. The building itself would have some decent architectural features to match the tones and themes within The Plaza. The Comprehensive Plan says that the intent of the subject area within the Mendota Plaza development is guided as Mixed-Use PUD; to allow for mixed use developments that combine residential, retail, and commercial uses into a coordinated, planned development project. Mr. Benetti shared the necessary standards that need to be met to amend an existing PUD and shared how this development would meet those standards. The site plan shows the building being centrally located on the lot with two access points off of the access road with parking along the north and the east sides of the building. The backyard area will not be incorporated parking at this point; however, it is identified as proof of parking. This is a simple way of saying that if additional parking is needed in the future, this area could be converted to a parking lot. Mr. Benetti, along with the site plan, shared the grading plan, utility plan, landscape plan, lighting plan, and parking plan. All of this information was available in the Planning Commission s information packet. Commissioner Hennes asked if there were any concerns on the city s part that the proposed project is a lot smaller than what was envisioned in the original PUD. Mr. Benetti replied that, at this point, there are no concerns. The City and Paster Properties are happy to see a viable business and activity coming onto the space. It would also serve an economic need and this project is seen as adequate and suitable. Commissioner Hennes also asked if there had been any discussions with city staff about a larger building, whether it is two or three stories, and leasing out the rest of the space. Mr. Benetti replied that, to his knowledge, there have been no such discussions. Councilmember Petschel noted that in the drawings provided the building appears to be two stories. Mr. Benetti replied that it does appear that way; however, it is only one story. There was a proposal initially to do a mezzanine level but that was dropped. The warehouse portion of the building requires a higher roof line and it is easier to build using all one frame. June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 2 of 26

3 Commissioner Magnuson asked if the vehicles would be coming in and out from Dodd Road. Mr. Benetti replied in the negative, the two access points are on the access road between Subway and Walgreens. Mr. Jeff Schuler, 275 Market Street, Minneapolis is the architect of this project; came forward and stated that Mr. Benetti explained the project very well. He noted that what they are trying to do is to get a bigger space for Gemini Medical to grow into. They are designing this building and there have been multiple discussions to ensure that this building will serve their needs for a long time coming. They have tried to incorporate current colors and building tones of the existing space in the existing PUD, but have it incorporate a high technical feel. Commissioner Hennes asked about the timetable. Mr. Schuler replied that they plan to be open in the spring; hoping to start construction in October Commissioner Noonan asked if the rendering that was shown is an accurate representation of the height, notwithstanding the fact that the mezzanine is not included. Mr. Schuler replied that it is an accurate representation and that they tried to do that to allow for plenty of height for the shipping area. They also knew that the original plan was for a three-story building and they tried to respect the initial planning by making it look taller and have it fit a similar mold. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF PLANNING CASE , CONDITIONAL USE PERMIT TO AMEND THE PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT FOR MENDOTA HEIGHTS PLAZA, TO ALLOW THE CONSTRUCTION OF A NEW 17,000 SQUARE FOOT MEDICAL OFFICE BUILDING in accordance with the staff recommendations on pages 15 and 16, with the conditions as outlined on page 17, and the findings of fact on page 17 of the staff report AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its July 5, 2017 meeting. June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 3 of 26

4 C) PLANNING CASE # XCEL ENERGY, 800 SIBLEY MEMORIAL HIGHWAY INTERIM USE PERMIT TO ALLOW FOR THE TEMPORARY STORAGE OF GAS LINE PIPES, JOB TRAILER, AND OTHER MISCELLANEOUS EQUIPMENT AT THE SIBLEY GAS PLANT PROPERTIES Community Development Director Tim Benetti explained that this request was from Mr. Brian Sullivan on behalf of North States Power/Xcel Energy. They requested an Interim Use Permit, or short-term use permit, for an outdoor storage area in their gas plant facility located at 800 Sibley Memorial Highway. The property is currently zoned B-1A, Business Parking. Commercial businesses do allow for essential services, such as this gas plant, so this is a permitted use in this area. The proposed outdoor storage area would be in the excess patch of parking on the front edge of the property, just off of the entry point. Mr. Benetti shared the standards that need to be met to allow this temporary use and explained how this project meets those standards. He also noted that although this site is located within the Critical Area, no new development, permanent structures, grading work, or removal of vegetation is taking place; therefore, the City has elected to forgo the need or processing of a separate critical area permit or review at this time. It was also explained that there will be no storage of any type of hazardous waste or any chemicals on the site. Basically all that will be seen are gas pipes. The interim use shall terminate by December 31, 2017; any continuation of this use would need to return to the Commission and the City Council for approval. Commissioner Magnuson asked if they were planning on putting up any kind of a fence. Mr. Benetti replied that there are no plans to install any type of fencing or landscaping because of the short-term duration. Mr. Brian Sullivan of Xcel Energy, 414 Nicollet Mall, Minneapolis came forward to address the Commission and answer questions. He had nothing to add to the staff report. In regards to any security concerns, the pipes being stored would be 20 inches in diameter and 20 feet long; it would take more than a football team to move one. Mr. Jake Sedlacek of Xcel Energy, 3000 Maxwell Avenue, Newport also came forward and presented on the project taking place across the street from the proposed storage area. Excel Energy has two transmission or large natural gas lines, which currently go right down the bluff from the garden center down to the parking lot of the trail. They have been there since 1948 and serve approximately 400,000 customers in the metro area. The intent of this project is to do regular maintenance, replace the pipes, and have it operating seamlessly in a way that no one would really know that they are there. Because of the challenge of construction in this area, there would have been impacts upon Highway 13, the senior living facility, the garden center, and the vegetation area. Their proposal is to take the two gas transmission lines and bring them down around the State June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 4 of 26

5 right-of-way, avoiding the other sanitary facilities in the area, and then stop short of the railroad trestle, stop short of their own electric transmission work, and then cross under the railroad to where they can hook up with those lines in Lilydale Park. There really is no other area for them to store these pipes in a safe and reliable manner. The plan is start construction in early August with an anticipated completion date in October Any restoration they would not be able to get into by winter or when the asphalt plants would close would be completed in the spring. That would be part of the project not part of this interim use so there would be no concerns about having to extend the interim use. Commissioner Petschel asked if this project was related or unrelated to the work being done at the propane storage facility nearby. Mr. Sedlacek replied that the propane work has been completed and was last year s project. Xcel Energy worked east of that area, at the propane plant, and this is the final piece to have it all tied up in this area. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF PLANNING CASE , INTERIM USE PERMIT TO ALLOW FOR THE TEMPORARY STORAGE OF GAS LINE PIPES, JOB TRAILER, AND OTHER MISCELLANEOUS EQUIPMENT AT THE SIBLEY GAS PLANT PROPERTIES BASED ON THE FINDING OF FACT THAT THE PROPOSED PROJECT COMPLIES WITH THE POLICIES AND STANDARDS OF THE CITY CODE AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND WITH THE FOLLOWING CONDITIONS: 1. The interim use shall terminate by December 31, The Applicant shall provide a financial surety (in an amount negotiated between Xcel and the City Administrator) to cover the cost of removing an interim use and any structures upon expiration or revocation of the interim use permit 3. Any extension of this interim use permit must be submitted to the City of Mendota Heights at least thirty (30) days prior to the expiration date, and approved by the City Council. 4. Upon completion of the gas main replacement project or the expiration of the permit, the outdoor storage site shall be restored to its original condition. 5. No hazardous, caustic, or explosive materials shall be stored on the outdoor area; with no dumpsters, refuse, and garbage or scrapped (junk) materials stored or kept on the site. All gas main pipes and related material shall be stacked or stored neatly, and stored as far away from the trail system along Sibley Memorial Highway. June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 5 of 26

6 6. The Applicant (Xcel Energy and/or its subsidiaries) will ensure the job trailer is secured and well maintained; and the storage space area is kept clean of trash and debris, free of weeds, and well maintained throughout the duration of the permit term. 7. Any existing or additional lighting (if provided), shall be temporary only, with downcast, shielded light heads, and all lighting directed away from the residential area to the east. 8. Hours of operation for moving equipment in and out of the site shall be limited between 7:00 am and 7:00 pm, Monday thru Friday, with allowance of 9:00 am to 5:00 pm on Saturday only. Any expanded hours, including Sunday or holiday hours must be approved by the City Council. 9. The interim use permit is shall comply with the provisions established under 12-1L-6-1: INTERIM USES and the conditions approved herewith, and shall be periodically reviewed to ensure compliance with the applicable codes and policies and, if necessary, amended accordingly. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its July 5, 2017 meeting. E) PLANNING CASE # BOB AND JANE REIDELL, 751 WILLOW LANE WETLANDS PERMIT TO ALLOW THE INSTALLATION OF A NEW IN- GROUND SWIMMING POOL, POOL HOUSE; POOL DECK; RETAINING WALLS AND LANDSCAPING Community Development Director Tim Benetti explained this is a wetlands permit applied for by Mr. Mike Fritz of M & M Homes on behalf of the property owners, Bob and Jane Reidell at 751 Willow Lane. This permit would facilitate the construction of a new in-ground pool, deck, pool house, and some landscaping. As part of the wetlands permit, whenever any work is done within 100 feet of any wetland or recognized water resource area, a wetlands permit is necessary. This is being presented under a public hearing and notices had been sent to the owner; no comments have been received up to this time. The property was a new lot that was created a couple of years ago under a lot split [April 2015]. It is over 25,000 square feet, or 0.59 acre parcel. There is an existing brand new single family home on the site, is currently zoned R-1 Residential, is guided as R-1 or LR, and there are no changes on that. Marie Creek touches on the back corner of the lot, making this a wetland area. Mr. Benetti shared images taken of the area in question showing a very well landscaped back yard and unfinished area, which is the proposed location of the pool, deck, pool house, and landscaping. He also made sure the commission understood that the proposed items are not located within the wetland area itself, just within the 100-foot boundary from the wetland. There would be no impact to Marie Creek. However, staff has recommended that they provide a 25-foot vegetative strip that June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 6 of 26

7 is usually required around any water resource areas to help prevent any type of washout or runoff and to help hold down any fertilizer runoff from the lawn before it reaches the creek. Due to an oversight in 2015, staff is demanding that easements be replatted or rededicated on this site as a part of this process. Before any work can begin, easement dedications will be done, simply as a carryover from the 2015 approvals. Mr. Mike Fritz of M & M Home Contractors came forward to address the Commission and to answer any questions. He had nothing to add to the staff report and the Commissioners had no questions. Chair Field opened the public hearing. Mr. Joy Cacicia, 724 Spring Creek Circle, stated that her backyard, all 162 feet of it, looks out on this piece of property. She came to the meeting two years ago and was told that there would be no building within 100 feet of the wetland. She was also told that a considerable number of pines would be saved. As of now, 27 of those pines have been removed along with a lot of other trees. She understands that the house is built and is not looking to make enemies with the new neighbors as it is their property to do exactly what they want with it. She asked how high the pool house would be, would there be a fence installed, and how close to the creek will it be. Mr. Benetti replied that the edge of the pool would be approximately 40 feet inside the 100-foot line [approximately 60 feet from the creek] and the pool house itself would basically be an accessory structure. Therefore, it cannot exceed 15 feet in height per code. The preliminary plans show that it would be 10 x 14. Commissioner Petschel asked about the fence. Mr. Benetti replied that it is yet to be determined; as part of a new pool they are required to have a new fence either around the pool itself or around the backyard. It must be a five or six foot high fence and is part of the conditions of approval. The Reidell s indicated that the fence would be around the backyard. Chair Field asked for a motion to close the public hearing. COMMISSIONER COSTELLO MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF PLANNING CASE , WETLANDS PERMIT TO ALLOW THE INSTALLATION OF A NEW IN-GROUND SWIMMING POOL, POOL HOUSE; POOL DECK; RETAINING WALLS AND LANDSCAPING BASED ON THE FOLLOWING FINDINGS OF FACT: June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 7 of 26

8 1. The proposed construction activities to be allowed under this Wetlands Permit meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. 2. The dedication of the new Marie Creek buffer easement and property drainage and utility easements will provide adequate work space, means of suitable access, and safeguards to the city and property owners for any restoration or erosion control work in this are, if needed. 3. No grading or vegetation removal within the required 25-foot non-disturb buffer area will occur as part of the proposed construction projects. 4. Adequate erosion control measures will be maintained and observed during construction. 5. Vegetation will be replanted in the disturbed areas after construction is completed. AND WITH THE FOLLOWING CONDITIONS: 1. The applicant shall dedicate a 25-foot non-disturb buffer area from the edge of Marie Creek; along with a 10-foot wide drainage and utility easement along the front and rear property line; and 5-foot wide easements along the two side property lines. 2. The applicant shall submit grading and utility plans and a dimensioned site plan with associated easements, subject to review and approval by the City Engineering Department as part of any building permit application. 3. No disturbance, besides installation of erosion control measures during construction, shall occur within 25 feet of the edge of Marie Creek. 4. Any land disturbance activities shall be in compliance with the City s Land Disturbance Guidance document. 5. A Landscape Plan is submitted for review by the Planning Department showing vegetation to be re-planted within the 100-foot wetland/water resource-related area after construction. 6. The new swimming pool must have a fence or approved barrier per Title of the City Code. The pool site plan must be revised to show the layout and locations of all fencing. 7. Due to ongoing complaints of recent construction activities in this Willow Lane neighborhood, the City requests the Owners and its contractor(s) direct its workers to park personal vehicles and/or equipment in front of the subject property only, or farther down the road at Valley Curve Road and Willow Lane. Parking in front of neighboring residence shall be discouraged and avoided. 8. A cash bond, letter of credit or agreed upon surety in the amount of $2,500 shall be submitted and held by the city for a period of at least one (1) year from completion of all work, to ensure all new landscaping has survived, the buffer/vegetation strip is well established, easements dedicated, and necessary restoration work to the site has been completed in accordance with this permit approvals and City Code standards. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its July 5, 2017 meeting. June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 8 of 26

9 A) PLANNING CASE # KEITH OSTROSKY, TALAIA BOWEN, RAY J. MILLER; 1680 LEXINGTON AVENUE AND 1104 SIBLEY MEMORIAL HIGHWAY COMPREHENSIVE PLAN AMENDMENT TO RE-GUIDE CERTAIN PROPERTIES FROM LR-LOW DENSITY RESIDENTIAL TO MR-MEDIUM DENSITY RESIDENTIAL Community Development Director Tim Benetti explained that this was an official request from Mr. Keith Ostrosky, Ms. Talaia Bowen, and Mr. Ray J. Miller to only change the Comprehensive Plan / Land Use for the community. This was not a rezoning and it is not a new development plan. This is simply the beginning stages of opening a door for development if they so choose. The land use is just an underlying land use that has to be consistent with any future zoning or current zoning. The current land use is LR-Low Density Residential and the request is to change it to MR-Medium Density Residential. Mr. Benetti shared an aerial view of the properties under consideration with Lexington Avenue and Highway 13 (Sibley Memorial Highway) surround it. The Overlook Condos; Riverpointe; and Lexington Riverside condos surround the property and a limited number of single family dwellings are immediately to the west and surrounding area of the Overlook development Lexington Avenue is a complete 2.33 acre parcel, has a one-story single-family dwelling that was originally built in 1952, and the site is heavily wooded and impacted by a bluff line along the mostly northerly half segment of the lot. The useable area of this lot is approximately 1.0 acre in size. The house next door, located at 1104 Sibley Memorial Highway, is located on 0.42 acres of land. It contains a two-story split-level single-family home originally built in It too is impacted by woods and grades along the bluff line. The vacant lot next door is 0.38 acres, undeveloped and has been on the market for sale. This lot is mostly wooded, with evidence of some very steep slopes. Mr. Benetti continued by stating that the buildable portions of these lots, based on aerial photos and GIS contour elevation interpretations, are as follows: The Ostrosky parcel is approximately 0.9 to 1 acre The Bowen parcel is estimated to be 0.3 acres The Miller lot is undetermined In the future, final determinations would have to be made or determined later should these sites become available or presented for future development. Mr. Benetti shared the definitions of the current land use category and the requested land use category: Low Density Residential (LR), (LR-H) Most prevalent land use category in the City June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 9 of 26

10 Provides for single family development Density not to exceed 2.9 units per acre Corresponding zoning district classifications are One Family Residential Districts Medium Density Residential (MR), (MR-PUD) Provides for townhome and attached housing development Urban densities of up to 4.35 units per acre Corresponding zoning district classifications are R-2 (Medium Density Residential District) and MR-PUD (Medium Density Residential Planned Unit Development) Taking these definitions in consideration and the current lot areas, the current density allowed on the parcels are: Ostrosky parcel 10 units Bowen parcel 1 unit Miller lot 1 unit All three lots combined 13 units Bowen and Miller lots combined 3 units Mr. Benetti clarified that these numbers are based only on the parcel acreage; however, the actual number of units would need to take into consideration the parking, stormwater management, and setback requirements. If these requirements cannot be met, they may not be able to get 13 units in there. Mr. Benetti believes (assumptions only) that they may be able to fit only four to six units. Mr. Benetti then shared the character of the area and how this request in land use would meet those characteristics. City staff believes the existing multi-family and single-family uses should experience little, if any impacts due to this proposed land use change and recommended approval of this comprehensive plan amendment. Commissioner Hennes asked for a review of the overview map to see how the three properties related to each other, which Mr. Benetti provided. Commissioner Petschel asked if this was purely a step to attract a potential developer. Without speaking on behalf of the owners, Mr. Benetti replied that he believes this is true. Commissioner Petschel then asked if the Commission could even consider this without Mr. Miller s signature on the application. Mr. Benetti replied that Mr. Miller did provide written permission; so yes, this can be considered. Commissioner Magnuson asked if there isn t a plan on the table and this is to have something available down the road should something occur, why the Commission is being asked to recommend approval now when the City is in the process of redoing the Comprehensive Plan anyway. She asked if this shouldn t be dealt with in the overall contours of the Comprehensive Plan. Mr. Benetti replied that he asked Mr. Ostrosky if this could be presented at that time; however, because the City does not have a moratorium in place to stop these type of land use applications during the Comprehensive Plan review, Mr. Ostrosky had the ability to apply for the application and expressed his desire to get it done. June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 10 of 26

11 Commissioner Petschel asked for a primer on what legal rights this would give a combined owner of these three properties if they were sold together. Mr. Benetti replied that this would be an outward expression to a potential developer that may be interested but they would have to proceed at their own risk. This decision would not bind the City in any way. Commissioner Hennes asked how long this decision would be delayed if the Commission decided to wait until the Comprehensive Plan was up for review. Mr. Benetti replied that would be approximately one year from now; the deadline is the end of 2018 but the City is planning on having it done by June or July They would then have to layer in the Metropolitan Council s approval. Ms. Talaia Bowen came forward and explained that she and Mr. Ostrosky believe this to be an opportune time with the housing market and the development market. Hearing that it may look at a 2020 date to incorporate it into the Comprehensive Plan, it was important to them to come forward and start this opportunity; knowing that there still some additional steps to be taken. Chair Field opened the public hearing. Ms. Lucille Collins, 1137 Sibley Memorial Highway, has lived in her home for 50 years. She has seen Lilydale develop and Mendota Heights does not need it. There are enough problems going on as all of the land along Lilydale and along Highway 13, and even up into Mendota Heights everything is on springs. She is afraid there will be a water problem; more than what they have currently. They are digging next to her unit to put in water mains because of the problems with the bluff. Also, the corner there is so bad with traffic even at night with motorcycles, semi-trucks, etc. Rush hour is terrible. Chair Field stated that the Commission appreciates her comments and concerns; however, they are not approving development right now, they are just approving the land use designation. She continued by stating that it is a bad concept and should not be approved. Upon request, Ms. Collins showed the location of her townhome in relation to the properties under consideration. Commissioner Noonan asked Ms. Collins if she was aware that even if the Council were to deny this application, redevelopment of the lots could still take place on the three properties. According to the existing guide plans something in the range of 10 units could be potentially sited on the Ostrosky property. He also asked if her concerns about single family homes being built there would be same as what she has expressed about medium-density homes. Ms. Collins replied that her concerns would remain because of the water problems and the traffic. She would express her opposition to any additional development occurring on the property, even if it was allowed per density and zoning codes. Commissioner Noonan continued to press his point that the property owners have their rights and they could not be denied to exercise those rights. Ms. Marsha Easton, 1123 Sibley Memorial Highway, expressed the same concerns and objections as Ms. Collins and also stated that 10 units would be better than 30 units. There are more houses on the bluff that cannot be sold because they have water issues, mold, and there are springs that move from day to day. Also, the City would have to provide ponding for all of that water; from the parking lots, roofs, and other impervious surfaces. Chair Field stated that one of the rules is June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 11 of 26

12 that the testimony provided needs to be relevant to the proposed application. The Commission does not have any specific application at this time; so it is very hard for them to conceptualize parking lots, building surfaces, and 30-unit buildings when that is not what is in front of them. He also explained that the land use guidance is what would be changing, not the actual zoning. Councilmember Noonan reminded everyone that Mr. Benetti stated that the maximum number of units that could be put on the combined sites is 13; and then he provided the testimony that in light of his professional opinion and taking into consideration the steep slopes and the wooded areas, it would probably be more like 6 units. To suggest 20 or 30 units is misleading. In response to Ms. Easton s continued comments about developers cutting down trees and wooded areas disappearing, Chair Field also explained that these properties are located in the critical area so the Commission and the Council has more than a few considerations as to respect to protecting the slopes and the quality of the wooded area and the elevations on these particular lots. This is a very unique parcel of land and the development potential is exceedingly limited. Commissioner Magnuson asked for clarification on what exactly the Commission is being asked to do and what the limitations are; as they are not being asked to approve a development, they are doing something vastly different. Mr. Benetti replied that what was presented was simply a land use change. The land use is simply the beginning process of to rezone a property. If this were currently guided medium density, the conversation about a rezoning could occur. However, that is not the case. Under a rezoning package, the City would typically ask a developer why they are requesting a rezoning; are they proposing new development the City would want to see that development plan if they were rezoning. The land use amendment is just to change the underlying land use; there is no rezoning, there is no proposed development plan. The units per acre is set in the Comprehensive Plan because that is what is used to guide the land use; how many units does the City want to see per acre under the single-family, the multi-family, and so forth. In this case, it is 2.9 units per acre under the single-family (low density) guidance and 4.25 units per acre under the medium density guidance. That is under a clear case scenario; if this were a beautiful piece of flat ground with no issues or problems on it. With the impacts of the slope and everything else in this area, this would include a lot of what if s and hypotheticals because there is no plan and there should not be a plan at this point. This is just the beginning steps of a potential redevelopment later on down the road that may never occur. All of the concerns raised would be meted out at that time; and the critical area is not a fun area to deal with and that is on purpose. The City does not want people destroying the integrity of the bluff line and the slopes. Mr. James Lindsey, 1101 Sibley Memorial Highway, noted that many in attendance are from Lilydale and asked if they have much to say. Chair Field noted that they are an adjoining community and are welcome to speak. Mr. Benetti replied that the normal standard of operating procedure for notifications is typically only those residents in the community that are being affected. Under this process, he selected to choose all of the residents within 350 feet of the three sites. Dakota County has the ability to pick all of the property owners within a 350 foot radius of the property. All of the names came up on the list and all were notified. Normally whenever something is in an adjacent or abutting jurisdiction, typically a notice is only sent to the official in charge of the community. Those jurisdictions did receive notices, but so did everyone within the June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 12 of 26

13 350 feet, regardless of their municipality. If the Commission decides that he should continue to do that in this case, he would be more than happy to do so. Commissioner Noonan noted, as clarification, that if an individual comes to the meeting and they live outside of the municipality under consideration but within the 350 feet surrounding it, their testimony would be heard and taken under consideration. Ms. Susan O Connell, 1700 Lexington Avenue South, lives directly above Mr. Ostrosky. She, along with her neighbors, would prefer to see that the land use does not change to medium density. They are very concerned about additional units being added below them. They have noise levels that drive them crazy now, not just from the residents already there but from the traffic on Highway 13. Generally, most of the people living in the building would prefer this to not be multi-use; however, the do understand that the land could be developed by the owner or by another purchaser. Any landowner wants to be able to put something on it. However, they would prefer to see it not as a multi-residential use. Commissioner Noonan asked why not multi-residential use. Ms. O Connell replied that there are simply too many units. If someone were to come forward with a plan to put 10 units on the property, as is their right, the neighbors would return to express their dislike. Commissioner Noonan reiterated that medium-density can get them a maximum of 13 but the likelihood, because of all of the reasons mentioned before, is significantly less than that. Ms. Joelle Rasmussen, 1101 Sibley Memorial Highway, asked how many acres comprise the subject property. Mr. Benetti replied that all three properties combined is 3.13 acres. She asked for clarification on Commissioner Hennes comment about the number of units per acre. Commissioner Hennes replied that he said that changing the land use to medium density would add one unit per acre. Ms. Rasmussen then asked if this land could possibly be zoned as rental in the future. Chair Field replied that the only thing under consideration tonight is the use of the land; not the potential development of the land. But rental is always a possibility. Ms. Rasmussen stated that she finds it strange that they are asking for this land use change now when they could ask for that land use change when they present a plan for development. Another resident (name/address unknown) noted that when he looked at the documentation that came out there was a land use program dated April 25, 2017 and it was designated as low-density. He then asked why, after this study came out, there is an interest now in changing it. Chair Field replied that, at the end of the day, someone asked the Commission to do this and they paid a fee; so that is what the Commission is dealing with. He also noted that the last land use plan came out in The date on the document he may have seen would have referenced what Comprehensive Plan edition it was issued under. Mr. Bruce Westland, 1700 Lexington Avenue South, stated that basically everyone speaking this evening is sharing their human side of the concerns of what the development may be. He agreed with Commissioner Noonan that everyone has the right to ask and to request development of their June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 13 of 26

14 property and do a change. As a Commission, he believes their responsibility is to understand what those changes are and how that affects the city and the overall look. He understands that he does not have a right to own the sunset that a potential building may block, nor the city line that a potential development may obscure; however, what are the limitations that Mendota Heights has to that property in a maximum condition for occupancy in height and elevations. Chair Field and Commissioner Petschel replied that, because this is in the critical area, the DNR and the City of St. Paul would have input into any development on the property. Chair Field noted that he understands that coming into a public hearing such as this can be confusing; however, the Commission is just trying to make a decision on what is before them now; not what could possibly come in the future. Mr. Westland continued by stating that he understands what is before the Commission; however, everyone knows that once this change is done the potential development will go through. Chair Field disagreed and stated that the rezoning is a much bigger issue than the Comprehensive Plan. Commissioner Petschel stated that the Commission has tried to make it clear that this does nothing in terms of firm plans. Mr. Westland replied that he understands the position of the Commission this evening; however, this approval opens the gateway for potential development on that ridge or just below the ridge. No one knows what that is going to be, including the Commission. He then asked what the maximum condition and restrictions would be that the City would allow. Mr. Benetti replied that R-2 is the same as a single-family; it is two stories or 25 feet in height maximum, the setbacks are 30 feet in the front and in the rear and 10 feet on the side. Commissioner Magnuson stated that it would be fair to add that there are some building restrictions with respect to bluff lines because it is in the critical area. This in no way should give anyone false indication that they can develop to the maximum on these properties; there are restrictions they cannot clear cut the woods and plot out 13 units. The reality is that there is not a lot that can be done on these properties and it would be up to the developer if any to meet the rezoning requirements and that would be very hard to do. The critical area has height limitations, it has limitations on the color so it cannot stand out from river limitations designed to preserve the quality of the Mississippi Corridor. It makes building in that area very difficult. Ms. Talaia Bowen returned and commented that the discourse and the back and forth is important. Everyone needs to be heard and it is important that, as neighbors, really understand and recognize what is important to one another. She expressed her appreciation to the Commission for recognizing that ultimately, land owners have the right to have some type of open opportunity to consider what they would like to do with their property and how they move forward with it. Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 14 of 26

15 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, TO RECOMMEND APPROVAL OF PLANNING CASE COMPREHENSIVE PLAN AMENDMENT TO RE-GUIDE CERTAIN PROPERTIES FROM LR-LOW DENSITY RESIDENTIAL TO MR-MEDIUM DENSITY RESIDENTIAL based on the Findings of Fact on page 7 of the staff report Commissioner Noonan comments that when the Commission looks at re-guiding, they look at the surrounding area and they look at the context. Commissioner Magnuson has said very clearly that it is not a slam-dunk, it is not an immediate intensive development coming forward; but rather there are limitations on to what the maximum condition could be. The reality is that it is an extremely difficult site, it is a site that has unique challenges, and if a matter comes forward a developer is going to have to find real opportunities here to bring something forward because it is a considerable cost to bring something forward. It is going to have to come forward with significant background material to help the Commission address and be satisfied with the myriad of concerns that have been addressed. That would apply even if the Commission did not re-guide the property and were to consider a plat under the residential. Commissioner Magnuson stated that she would vote in favor of this request; however, she wanted to mention that it is only because the Commission is not looking at anything specific at this point. It is simply a re-guiding of the land. She knows that if there is a proposal that comes forward, there would be another public hearing or more than one public hearing and Mr. Benetti has indicated that everyone would be notified as they were this time. She encouraged all of them to come and provide their input and the Commission would actually have something to look at and would be able to discuss specifics, issues, problems, or whatever. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its July 5, 2017 meeting. D) PLANNING CASE # MARCEL EIBENSTEINER, ROYAL OAKS REALTY, PRELIMINARY PLAT, VARIANCE, AND WETLANDS PERMIT FOR A NEW SUBDIVISION PLAT TO BE TITLED ORCHARD HEIGHTS 1136 AND 1140 ORCHARD PLACE Community Development Director Tim Benetti explained that Marcel Eibensteiner of Royal Oaks Realty, acting on behalf of the property owners Marilyn Olin and David Olin, is seeking to subdivide an existing single family parcel, located at 1136/1140 Orchard Place, into 19 new lots, to be titled Orchard Heights of Mendota Heights. This also involves a variance and a wetlands permit. The site is a acre parcel located right off of Orchard Place, is currently guided LR Low Density Residential, and is zoned R-1. There is no change in the land use or the zoning under this June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 15 of 26

16 proposal. The main larger site has been used as a local apple orchard for some time and all of the dwellings on the site would be removed as part of this project. The single family home on the mid-point or the high-point of the lot is where Ms. Olin currently lives. There are a couple of outbuildings off to the side, just a couple hundred feet away from the home and another single family resident on the 1136 parcel, on the corner. Mr. Benetti shared the standards required in the R-1 district for new lots and explained how this project meets those standards; all of the 19 proposed lots meet or exceed the minimum standards. Lots 8, 9, 10, 11 are on the south side of the plat and are very large because of the impact to the wetlands or ponds on the south. Most of the adjacent lots on the Sun View Hills Addition, on the other side of Hunter, are 150-foot wide lots wider than what is being proposed here. The lots on the other side of Orchard Hill Roadway, the Swanson 2 nd Addition, are also a little bit wider and they also have some wider lots for those lots coming off of Lexington on the far east side. There are some very, very larger lots next door to this one. Mr. Benetti shared an image of the proposed plat and explained that basically it is a new roadway, a cul-de-sac road coming off of Orchard Place. The 19 lots are strategically situated around the cul-de-sac and meet the minimum width, depth, and size requirements and the larger lots are on the south side because of this was as far as they could go with the cul-de-sac for the extension. All of the contours reflected on the image are reflective of the new contours that would be graded into the site as part of the grading plan. A neighborhood meeting was held on Thursday, July 22, 2017 which was fairly well attended. Mr. Benetti noted that the plan falls well within the R-1 design standards. The density of the new plat is 1.41 units/acre, which his much less than the Comprehensive Plan maximum of 2.9 units/acre. When entering the property, a person would go up the hill, hit the top of the hill which is very flat, and then it drops way down. In order for this development to work and the grades to work for the new roadway and especially for the lots to lay out, they have to grade all of that stuff down. There is going to be a lot of dirt moving in this area to make this work. A lot of grading work needs to be done on the backside as well because they are putting in a retention pond capturing pond on the backside of the property before it enters the other pond on the back. As part of the stormwater management, they have to preserve and protect as much as possible. Mr. Benetti then shared the Concept Grading and Drainage Plan, Storm Sewer System, and Utility Plan for the sanitary sewer and water; all of which had been included in the Commissioner s meeting packet. All easements will be shown as 10-foot along the front and 5-foot along the side, but 25 feet along the back side to ensure that all of the drainage is taken care of on-site. However, as the report indicated, it shows that some of the utility service mains will be approximately 20 feet deep, which is a very deep system. Whenever those systems break down, cities have to go in there and fix them and going down 20 to 30-plus feet to fix a sanitary, sewer, or water line it is expensive. The deeper June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 16 of 26

17 the system the more expensive it is on the city s end; and pose some nightmares or concerns to any city engineer or city official. Staff has expressed concerns with the 20-foot lines; however, due to the complicated topography of the site the developer is wishing to provide this grading as much as possible without destroying the whole integrity of the site and is trying to make the grades work as best as possible with the depths as shown. Therefore, staff is having the City Council approve the new utility depths. Should the Council disapprove, the developer would have to go back and re-evaluate and redesign and make it work for them. For all intents and purposes, would the new system work at the 20-foot depth yes, it would all work but they need a confirmation from the City Council. Mr. Benetti also noted that with this heavy grading there would be a lot of trees lost; expect possibly some perimeter trees and the backside trees. The grade difference at the entrance to midpoint of the lot is approximately 52 feet. It is hoped that a lot of the landscaping and trees at the backside of the property can be saved as the slope begins to gradually slope down towards the pond and wetlands, from 952 feet to approximately 894 feet. Mr. Benetti then shared the reason for the street design and variances as being very simple. The new subdivision will be served by a single access, two-way traffic cul-de-sac roadway. The developer intends to dedicate the road back to the public and would meet the minimum 60-foot width but is short by three feet in the curb-to-curb width, 30 feet to the required 33 feet. Also, City Code Title says that streets may not exceed 6% in grade, unless the city engineer recommends or allows excess street grades. Currently, the streets would range from 1% to 8%; therefore engineering was queried and the City Engineer is allowing the plat to exceed the 6% street grades in certain (limited) areas and accepts the 3-foot difference (down to 30-feet) in street width. The planned cul-de-sac measures well over 950 feet from the beginning point off Orchard Place to the center-point of the end circle. City Code states that cul-de-sacs shall normally not be longer than 500 feet. Staff encouraged the developer to meet the standard as the fire department does not like to see anything longer because of hose lengths to fight fires. Mr. Benetti noted that there is a segment of right-of-way that splits between properties; an undeveloped segment of right-of-way referred to as a segment of Mallard Road. Basically it looks like a yard space between the two properties. Veronica Lane is a paved surface that connects and provides access for homes and dead-ends right at this property line. So they could have pursued an access point here; however, when on the south end of the lot it would be tricky. To meet those grades and try to make a road connection on the south side would involve a lot more grading and would have impacted the wetland area and the pond areas. Staff felt that this was not a very good idea and would not support it. There are no available connection points on the east side. Because of these points and there being no real viable alternatives in providing a secondary access, staff allowed the developer to present a request for the single access and longer cul-de-sac roadway. Based on this determination, the developer returned to the fire department and asked what alternatives he had to get their approval. Their reply was that if he fire-sprinkled all of the homes they would acquiesce on the length. The developer agreed and so all of the new homes will be firesprinkled as a part of the conditions for approval. June 27, 2017 Mendota Heights Planning Commission Meeting - DRAFT Page 17 of 26