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2015-02-24 Planning Comm Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES February 24, 2015 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 24, 2015 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 Ansis Viksnins. Those absent: Commissioner Howard Roston. Others present were City Planner Nolan Wall, Consulting Planner Phil Carlson, City Administrator Mark McNeill, and Public Works Director/City Engineer John Mazzitello. Chair Field acknowledged and welcomed City Administrator Mark McNeill, the new City Administrator for the City of Mendota Heights. Approval of Agenda The agenda was approved as submitted. Approval of December 23, 2014 Minutes COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER MAGNUSON TO APPROVE THE MINUTES OF DECEMBER 23, 2014, AS PRESENTED. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) Planning Commission Appointments Chair Field introduced the new addition to the City of Mendota Heights Planning Commission, Ms. Christine Costello and explained that she comes with a wealth of experience from the City of Richfield. Election of Chair and Vice-Chair Commissioner Viksnins moved to re-elect Chair Litton Field, Jr. and Vice-chair Doug Hennes, seconded by Commissioner Noonan. As there were no other motions, the nominations were closed. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) February 24, 2015 Mendota Heights Planning Commission Meeting Page 1 Hearings PLANNING CASE #2015-01 Jacqueline Chase, 1680 Mayfield Heights Road Critical Area Permit, Conditional Use Permit, Variance, and Wetlands Permit Consultant Planner Phil Carlson explained that this application was to build a new single-family home with attached garage at 1680 Mayfield Heights Road. There were four separate applications or actions requested; the Critical Area Permit and the Conditional Use Permit are required for development in the Critical Area, the Variance request is to allow grading on the lot, and the Wetlands Permit because it is near and will disturb some ground near the wetland. Staff approached this application with a few key ideas in mind: 1.This lot is already built on; there is an existing home and garage. 2.There is significant development on the bluff in the vicinity, especially downhill towards the river. 3.The slopes in question and is the subject of the variance request is believed to be man-made and were not part of the original slope or bluff of the river. These slopes do not drain to the river; they drain to the storm pond that is west of the site. 4.The total impervious surface would be reduced with this application compared to the existing condition. Planner Carlson shared an image of the site in its current condition and a rendition of the site, as it would appear afterwards. He then explained the purpose of each application request and how the City Code applies to each one. Commissioners asked questions regarding the new footprint on the site, the need for fill to be added to the site, the standards for granting variances in the critical area, and the site disturbance restoration plan. Ms. Jacqueline Chase came forward to answer any additional questions from the Commission. She introduced her construction team members. 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 MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) February 24, 2015 Mendota Heights Planning Commission Meeting Page 2 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF PLANNING CASE 2015-01, CRITICAL AREA PERMIT, CONDITIONAL USE PERMIT, VARIANCE, AND WETLANDS PERMIT BASED ON THE FOLLOWING FINDINGS OF FACT: 1.The proposed project meets the purpose and intent of the Critical Area Overlay District, including the conditional use permit and variance standards. 2.The grades in excess of 18% impacted by the proposed project appear to have been man- made and drain away from the Mississippi River and will not negatively impact the character of the surrounding neighborhood. 3.The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the City Code and adequate erosion control measures will be observed during construction. AND WITH THE FOLLOWING CONDITIONS: 1.The landscape plan shall be revised to provide additional plantings to meet the intent of the DNR’s request, in consultation with the City Planner and City Engineer. 2.Construction of the proposed improvements shall be in compliance with the City’s Land Disturbance Guidance Document. 3.Building and grading permits are obtained from the City prior to construction. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) Chair Field advised the City Council would consider this application at its March 3, 2015 meeting. PLANNING CASE #2015-02 James and Mary Waldvogel, 2540 Arbor Court Wetlands Permit City Planner Nolan Wall explained that the applicant was seeking a Wetlands Permit to construct an addition and remove vegetation at 2540 Arbor Court. The subject parcel is 2.42 acres, contains an existing single-family dwelling abutting a wetland to the north. Planner Wall shared an image of the site indicating the wetland area. The property is zoned R-1 and guided for low-density residential development in the Comprehensive Plan. The applicant intended to construct an approximately 390 square foot addition to the existing single-family dwelling and an approximately 352 square foot deck on the east side of the dwelling extending into the rear yard. The entire structure is located within the 100-foot wetland or water resource related area and received a Wetlands Permit in 2005, prior to construction as part of Planning Case 2005-30. Planner Wall then explained the Wetlands System Chapter requirements for construction, alteration, or removal any structure and for the removal of vegetation. He continued by explaining that the proposed addition/deck would be approximately 29 feet from the edge of the wetland. There is one tree within the rear yard they are proposing to remove. The February 24, 2015 Mendota Heights Planning Commission Meeting Page 3 deck would be constructed on posts, resulting in minimal impact to the existing grades and would be reviewed as part of the final grading plan submitted with the building permit application. Appropriate erosion control measures will be used to protect the adjacent wetland during construction and no disturbance or vegetation removal will occur within the 25-foot non-disturb buffer area, and the proposed addition/deck meets the required side and rear yard setback requirements. If approved, the applicants intend to begin construction this summer. Staff recommended approval of this application. Commissioners asked questions regarding the thresholds applicable to a wetlands permit and the purpose of the Wetlands System Chapter. Ms. Mary Waldvogel came forward to answer any additional questions from the Commission. 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 VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF PLANNING CASE 2015-02, WETLANDS PERMIT APPLICATION BASED ON THE FOLLOWING FINDINGS OF FACT: 1.The proposed project meets the purpose and intent of the Wetlands Systems Chapter of the City Code. 2.Soil disturbance within the 100-foot wetland/water resource-related area will be minimized by the construction techniques utilized for the proposed project. 3.No grading or vegetation removal within the required 25-foot non-disturb buffer area will occur as part of the proposed project. 4.The proposed project complies with the setback requirements. 5.Adequate erosion control measures will be observed during construction. AND WITH THE FOLLOWING CONDITIONS: 1.Building and grading permits are obtained from the City prior to construction. 2.No disturbance, besides installation of erosion control measures during construction, will occur within 25 feet of the edge of the wetland. 3.Construction shall be in compliance with the City’s Land Disturbance Guidance Document. AYES: 6 NAYS: 0 February 24, 2015 Mendota Heights Planning Commission Meeting Page 4 ABSENT: 1 (Roston) Chair Field advised the City Council would consider this application at its March 3, 2015 meeting. PLANNING CASE #2015-03 Steven Mangold, on behalf of Verizon Wireless and ISD 197, 1897 Delaware Avenue Conditional Use Permit City Planner Nolan Wall explained that Verizon Wireless was seeking a Conditional Use Permit to upgrade an existing wireless antenna facility to incorporate advanced wireless service. The subject parcel is the Henry Sibley High School Campus and District 197 offices. The property is zoned R-1 and guided as a school in the Comprehensive Plan. The existing equipment consists of building-mounted antennas and related equipment for this specific carrier. It is located on the roof facing south. It was originally approved in 1998 as part of Planning Case 1998-09. The building also houses cellular antenna mounts for other carriers. Planner Wall shared images of the current antenna mounts and explained details of the upgrade plans. Staff recommended approval of the application. Commissioners asked questions regarding whether or not this application could have been approved administratively and why the representative for Verizon Wireless was not present. 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 VIKSNINS MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF PLANNING CASE 2015-03, CONDITIONAL USE PERMIT BASED ON THE FOLLOWING FINDINGS OF FACT: 1.The proposed project is consistent with the conditional use permit requirements allowing such facilities. 2.The proposed project will not negatively affect the public health, safety and general welfare of the community. 3.Upgrading the wireless antenna facility’s antennas and equipment will help increase the data and call capacity in the service area. February 24, 2015 Mendota Heights Planning Commission Meeting Page 5 AND WITH THE FOLLOWING CONDITION: 1.The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined in the staff report. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) Chair Field advised the City Council would consider this application at its March 3, 2015 meeting. PLANNING CASE #2014-37 City of Mendota Heights Proposed amendment to the Wetlands System Chapter of the City Code City Planner Nolan Wall noted that this application was brought forward at the December 2014 meeting; however, due to the attendance at that meeting and no real need to rush this application through, it was subsequently tabled to bring before the full commission tonight. The City is considering various amendments to Title 12, Chapter 2 of the City Code, which is concerning Wetlands Systems. Staff identified potential amendments concerning the administrative approval process that is undertaken for Wetlands Permits. The reason for going through this effort would be to accommodate additional eligible activities. The proposed amendments were summarized in the staff report. Planner Wall highlighted some of the proposed revisions and additions to the Code. Commissioners asked questions regarding the application process for administrative approval, the processing time for an administrative approval, and if other areas of the Code have the same wording as Section 4 \[City Administrator or designee may issue an administrative approval\]. Staff recommended approval of Ordinance 471 for consideration by the City Council. 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. February 24, 2015 Mendota Heights Planning Commission Meeting Page 6 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND APPROVAL OF ORDINANCE 471, AN ORDINANCE AMENDING SECTIONS 12-2-6 AND 12-2-10 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING WETLANDS PERMIT REQUIREMENTS. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) Chair Field advised the City Council would consider this application at its March 17, 2015 meeting. PLANNING CASE #2015-04 City of Mendota Heights Proposed amendment to the Zoning Chapter of the City Code City Planner Nolan Wall explained that the City was considering various amendments to Title 12, Chapter 1, Article L of the City Code concerning Fees and Deposits. Staff identified potential amendments concerning after-the-fact permit fees. In 2014 the City processed two After-the-fact Permits involving non-permitted vegetation removal activities within the City. Currently, the City only has authority to charge additional fees for after- the-fact Building Permits and Sign Permits. In order to charge additional fees for after-the-fact Zoning Permits; which could include Critical Area Permits, Conditional Use Permits, Variances, and Wetlands Permits; the Code must be amended to actually grant that authority. Actions regarding after-the-fact permits are also subject to the general penalties provision of the Code. If the ordinance were approved, staff would add the following language into the Fee Schedule; “In addition to any other remedies available to the city, a double fee shall be charged if action requiring any permit required by this Title is undertaken without first obtaining a permit for such action.” Staff recommended approval of Ordinance 473 for consideration by the City Council. Commissioners asked questions regarding the typical range on a double fee, any leeway in determining the penalty fee based on the violation, and what remedies are available if a violator decides to not apply for an after-the-fact permit. Chair Field opened the public hearing. February 24, 2015 Mendota Heights Planning Commission Meeting Page 7 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF ORDINANCE NO. 473 AN ORDINANCE AMENDING SECTION 12-1L-10 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING AFTER-THE-FACT PERMIT APPLICATION FEES Chair Field stated that he was thinking ‘double the fee but not less than . . .’ $250 or $500 so it does have some bite to it. Planner Wall pointed out that the fee for a fence, a wetlands permit, or a variance is pretty modest for an application versus a conditional use permit. He asked if they should be treated the same or is that built in for the penalty in regards to the original fee in and of itself. Chair Field continued by saying that the fees are intended to be modest so that they are not so prohibitive that people might deliberately avoid filing for an application. In this case they may have unwittingly or they may have deliberately gone about the activity and avoided the fee. Then he would not feel quite so charitable about the fee, and maybe it’s not $500; maybe it’s $250 – but some number where it actually does compensate the City for staff time, planning commission time, etc. Commissioner Noonan agreed with Chair Field’s suggestion so the penalty at least covers the City’s expenses. Commissioner Magnuson commented that she is all right with that with respect to people who apparently intentionally disregarded the Code or sort of blindly go forward without regard to even investigating. However, there are a lot of permit requirements in the City that a lot of people do not know about and it could very easily slip into a situation where you do something innocently and realize after-the-fact that you should have had a permit and you do everything you can to make amends. Those people do not need to be punished with an absolute dollar amount. She would be in favor of heftier penalties for those who willfully violate but it would be nice if there was some discretion to deal with the situation for the person who innocently does not understand or does not know that there is a requirement. Chair Field noted that trying to differentiate between an innocent or willful violation puts the Commission in the position of judge and jury. Arguably it still consumes a fair amount of time to go back and reconstruct the situation before the violation or the work that was done without a fee. February 24, 2015 Mendota Heights Planning Commission Meeting Page 8 Commissioner Noonan proposed that the Code addition read as follows: “In addition to any other remedies available to the city, a double fee or $250, whichever is greater, shall be charged if action requiring any permit required by this Title is undertaken without first obtaining a permit for such action.” Commissioner Magnuson agreed to this change to the motion. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) Chair Field advised the City Council would consider this application at its March 17, 2015 meeting. 2014 Planning Department Summary City Planner Nolan Wall reviewed the list of accomplishments completed by the Planning Commission, the Consulting Planner, and the Planning Department – in cooperation with other city departments – in 2014. Verbal Review Planner Wall gave the following verbal review: PLANNING CASE #2014-36 Dick Bjorklund Properties, LLC, 2511 and 2525 Condon Court Rezoning and Comprehensive Plan Amendment •Approved by the City Council as recommended by the Planning Commission •Approved by the Metropolitan Council •Applicant is now working on the Preliminary Plat for further consideration of that project Staff Announcements  An open house for the Lemay Shores Development was held on January 22, 2015 Site clearing is finished and surrounding residents have been updated on the o progress Site grading and construction of the roadway will commence as soon as the trucks o and equipment can be moved in They plan to have the model home open by August 2015 o  The Council had a broad discussion at their workshop meeting for planning-related items They covered the after-the-fact permit request, which will hopefully be brought o forward soon The keeping of chickens as pets was addressed and they determined that this was o something that they did not wanted to pursue – so chickens are still not allowed in the residential zoning districts They discussed the regulations on tear-downs and direction from the City Council o will be brought to the Planning Commission for review this summer February 24, 2015 Mendota Heights Planning Commission Meeting Page 9 Adjournment COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER HENNES, TO ADJOURN THE MEETING AT 8:25 P.M. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) February 24, 2015 Mendota Heights Planning Commission Meeting Page 10