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2019-02-26 Planning Comm Agenda Packet CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MEETING FEBRUARY 26, 2019 7:00 PM- Mendota Heights City Hall 1101 Victoria Curve Mendota Heights MN 55118 1. Call to Order / Roll Call 2. Election of Planning Commission Chair and Vice Chair for 2019 3. Adopt Agenda 4. Approval of the January 22, 2019 regular meeting minutes 5. Public Hearings a. Case No. 2019-01: Zoning Code Amendment to City Code Title 12-1G-1, consideration of Ordinance No. 538, which would allow “Personal Self -Storage Facility” as a new conditional use in the I-Industrial District. Metro Storage LLC – Applicant [TABLED FROM THE JAN. 22, 2019 MEETING – CONTINUATION OF HEARING] b. Case No. 2019-02: Variance for Friendly Hills Middle School to exceed building heights standards in the R-1 One Family Residential district. ISD #197 – Applicant c. Case No. 2019-03: Lot Line Adjustment and Variance for properties located at 1840 Hunter Lane. Julia Weisbecker – Applicant d. Case No. 2019-04: Lot Split (and Lot Combination) request for properties located at 963 Chippewa Avenue. Mark Morin – Applicant 6. Mendota Heights 2040 Comprehensive Plan Update a. PUBLIC HEARING – re-open the hearing tabled from the previous January 22, 2019 meeting - discuss the new updates to the 2040 Comprehensive Plan - Planning Consultant Phil Carlson - Stantec presenting 7. Staff Announcements / Update on Developments 8. Adjourn Meeting Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Hall at 651.452.1850 with requests. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 1 of 18 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES January 22, 2019 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 22, 2019 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 John Mazzitello, Patrick Corbett, Michael Noonan, Mary Magnuson, Michael Toth, and Brian Petschel. Those absent: None Approval of Agenda Chair Field suggested that the agenda be revised by handing the Zoning Code Amendment first and then the 2040 Comprehensive Plan Update last. The agenda was approved as revised. Approval of December 20, 2018 Minutes COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER MAGNUSON TO APPROVE THE MINUTES OF DECEMBER 20, 2018, AS PRESENTED. AYES: 7 NAYS: 0 Hearings A) PLANNING CASE #2019-01 METRO STORAGE LLC ZONING CODE AMENDMENT – PERSONAL SELF-STORAGE FACILITY USES IN THE I-INDUSTRIAL ZONE Community Development Director Tim Benetti reminded the Commission of the discussion that took place at their November 27, 2018 meeting regarding a national self-storage facility’s request to put in a new generation self-storage facility in the community. As the staff report indicated, the city currently has no allowances for self-storage facilities in either the commercial or industrial zones. The industrial zone calls it out as a specifically prohibited use for personal self-storage. Mr. Benetti shared the excerpt of the minutes regarding this topic from the November 27, 2018 meeting. Based on the comments made at the meeting, Metro Storage LLC has decided to pursue the seeking an amendment to City Code 12-1G-1, which would allow ‘personal self-storage facility’ uses as either a permitted use or conditional use in the I-Industrial district. They are looking to place a new 80,000 square foot, indoor only, self-storage facility in the community. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 2 of 18 Working from materials provided to the Commission prior to the meeting, Mr. Benetti shared excepts from industrial study titled “Mendota Heights Industrial District Redevelopment Plan of 2016”, which included a reduced list of trends and a partial list of recommendations. There are a number of surrounding communicates that do allow storage facilities as a permitted or conditional use: Eagan, West St. Paul, South St. Paul, Inver Grove Heights, Burnsville, Blaine, Brooklyn Center, Brooklyn Park, Cottage Grove, St. Louis Park, Apple Valley, and Woodbury. Of these communities, Cottage Grove subject these uses to 12 additional conditions. These communities allow these types of uses in the commercial / business districts only, industrial districts only, or a combination of both business/industrial zones. Based on the Commissions expressed willingness to consider or support this use only in the I- Industrial district, with conditions, staff prepared a draft ordinance for consideration. This item was presented under a public hearing process and a notice of this hearing was published in the local Pioneer Press newspaper. Commissioner Magnuson asked, in his review of the surrounding area ordinances, if Mr. Benetti found any that limited the size of the facility. Mr. Benetti replied in the negative. Referencing the list of Cottage Grove conditions, she noticed that some of these conditions were not included in staff draft ordinance and asked why that was. Mr. Benetti replied that as far as the hours of operation, Mendota Heights does not limit hours currently but it could be added as part of a Conditional Use process if the Commission wishes. Most of the facilities do not typically have hours because of the limited use and people come and go as they choose; they use security cards or security keys to gain access whenever they need to. As far as screening goes, he was fearful that by putting up some kind of screening measures someone might take advantage of that and start storing items outside of their units, which is something the city is trying to avoid. Commissioner Mazzitello asked if staff found any other cities that explicitly prohibited self- storage facilities. Mr. Benetti replied in the negative and noted that Mendota Heights is one of the few that specifically prohibited self-storage uses. Commissioner Corbett noted that it seemed lacking to him that there is no information on why that decision was made in the past – to prohibit self-storage facilities. He then asked if there has been an attempt made to look back – or could an attempt be made. It seems to him that it would be prudent to look and see why the city explicitly said no. Mr. Benetti replied that he was also curious; however, a search of the city’s system was done without any results. Commissioner Noonan stated that the tape would provide a better record than just seeing the minutes. Mr. Benetti replied that he was unsure if they added to the list of prohibited uses or if it was a comprehensive list at one time. Staff may be able to go back and search something and do a much more diligent search. Chair Field opened the public hearing. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 3 of 18 Mr. John Riley of Condor Corporation, owners of Lexington Heights Apartments in Mendota Heights, noted that his family has done several real estate development projects in the area over last 40 years. He then introduced several others from his team: Steve Neilson, Dave Garland, and Bob Heilman of Metro Storage. Mr. Bob Heilman, VP of Development at Metro Storage, LLC 13528 W. Bolton Blvd., Lake Forest, IL provided a brief history of Metro Storage LLC and their proposal. Metro Storage LLC is a privately owned company with 142 storage facilities in 14 states, the third largest privately held storage company. They also have footprints in Latin America and Brazil. History  Privately owned company with 142 facilities in 14 states  Third largest privately held storage company  Has footprints in Latin America and Brazil Typical Metro Storage Facility  107,400 gross square foot building with 80,000 square feet of rentable space  Exterior would be precast or modular block concrete, metal panel, and anodized aluminum storefront and glazing  On-site leasing office where client would sign their lease, get the keys, and then proceed to the loading area  Typical weekdays hours are 6:00 a.m. to 10:00 p.m., staff hours from 9:30 a.m. to 6:00 p.m. Saturdays and Sundays would have even more curtailed hours  Music provided through the facility; light and bright facility with lots of natural light  Safety is important; there are security systems that monitor all public areas, both on-site and over the web  Customers would have a proprietary pin number to access the facility  Communication devices available throughout the facility for assistance  Typically have two interior truck bays that can hold a large box truck; Blaine and Burnsville both have drive-through truck bays  Exterior illumination – fully shielded LED, which go off when the facility closes at 10:00 p.m. – unless the municipality requests exterior lights to remain on for police patrols  Asphalt or concrete paving Industry  Approximately 50,000 self-storage facilities in the United States  10% owned by REITS; vast majority are privately operated o REITS: real estate investment trusts; companies that own or finance income- producing real estate in a range of property sectors  Nearly one in ten households use self-storage o Four major user groups: Residential, Commercial, Student, and Military  Drivers o Life changes (selling a home, moving long distances, parents, divorce, etc.)  Most self-storage facilities are over 90% occupied o Metro Storage has seven facilities in the metro-area; all are over 90% occupied January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 4 of 18 Proposed Facility  Northland Drive and State Route 55  Natural shielding from the roadway due to the 8-foot berm already there and trees along a second side  Access off of Northland Drive via a private drive Chair Field reminded Mr. Heilman that the Commission has not been tasked with reviewing any site plans, but instead are reviewing the request for an ordinance amendment. He did not wish to give any sense of comfort that they are approving any of the site plans. Mr. Heilman stated that he was trying to give the Commission a sense of what the generation of development is these days. The current generation – generation #5 – is of this type of a storage facility. Typically a multi- story, fully conditioned store. Back some 20-30 years, the type of development was a one-story, ambient, non-conditioned facility with garage doors. That is not what these facilities are like these days; majority of them are the three story, drive-through, and no doors on the side that face the street. Both Blaine and Burnsville have conditions added to their uses that garage-type doors would not be facing the main arteries. The access door to the facility is a store-front type door that matches the rest of the façade; an aluminum and glass door that allows the client to drive into the facility and it opens/shuts right away. Mr. Heilman shared photographic images of the different types of facilities they develop. He also shared an example of a city that created an overlay district to allow commercial-type facilities – including storage facilities – in their industrial zone. In regards to size limitations, typically he has seen the only limitations being due to zoning codes related to the piece of property. Screening is typically done by landscaping buffering or berms. For some reason fences or walls are big in Florida so that is provided there. They may do attractive 8- foot high cedar fences in other areas. It depends on what the community desires. Commissioner Noonan noted even though they are not going to be speaking about a site there was a reference to a proposed square footage of 109,000 square feet. He then asked how many employees would be working there. Mr. Heilman replied that typically they have a property manager, a storage consultant, and a maintenance technician. They would rotate through a few different stores during the week. At any one point in time, they would average 1.5 employees during the week. From 9:30 a.m. to 6:00 p.m. there will always be at least one employee on-site; unless they are at lunch or going to the bank to make a deposit. Commissioner Magnuson asked if they do any screening of the customers in terms of what they are planning to store. Mr. Heilman replied that they have a very strict lease; no hazardous materials, no flammables, no ammunition, no propane tanks; basically nothing that could become a problem. She then asked if there had been any issues. Mr. Heilman replied that there has not been any issues with anything inappropriate. In his five years with the company there have been carelessness. They do not allow smoking on their properties; however, it is hard to control someone if they decide to light up and drop a cigarette. No major issues have been identified; they are very careful and the property managers are very well trained in that aspect. The manager does a walk-through of the facility twice per day – looking, listening, and seeing if they can smell anything out of the ordinary. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 5 of 18 Commissioner Toth asked why they chose Mendota Heights. Mr. Heilman replied that basically in their foot print in Minneapolis there is a large hole of storage on this side of the river; they feel that there is a market base in the area that is under served. Commissioner Toth then asked if the market base was for this type of facility or a general storage facility; the closest facility that has storage is approximately 3.5 miles from Mendota Heights. Mr. Heilman replied that they look at a 3-mile radius; their base marketing. Commissioner Toth asked about capacity. Mr. Heilman replied that there are two types of capacity; economic occupancy and physical occupancy. Currently, they are over 92% in all seven facilities in the metro area. This marketplace, right now, is at 90% or above. This particular market is so under served that even with the inclusion of this proposed site, the market would still be under served. Rather than closing the public hearing, COMMISSIONER NOONAN MOVED TO LEAVE THE PUBLIC HEARING OPEN AND TO TABLE ORDINANCE NO. 538 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE G. INDUSTRIAL DISTRICT TO ALLOW PERSONAL SELF-STORAGE FACILITY AS A CONDITIONAL USE TO ALLOW FURTHER RESEARCH TO BE UNDERTAKEN AND FOR INFORMATION TO BE BROUGHT BACK TO THE COMMISSION AT THEIR NEXT REGULARLY SCHEDULED MEETING TO EXPLAIN THE REASONS WHY PROHIBITION WAS SPECIFICALLY SPELLED OUT IN THE ORIGINAL ORDINANCE; AND TO EXERCISE THE 60-DAY EXTENSION COMMISSIONER CORBETT SECONDED THE MOTION Discussion When asked, Mr. Riley answered that the tabling of the Ordinance and adding the 60-day extension would be agreeable to the parties. Commissioner Magnuson suggested that if the Commission had any issues with the proposed language, in the interest of time and to not wordsmith during the meeting, they bring those issues to staff prior to the meeting. At that time, staff could re-draft the proposed Ordinance and bring it back to the next meeting. Staff agreed and it was clarified that these edits would not provide any indication of approval of the draft ordinance. AYES: 7 NAYS: 0 MENDOTA HEIGHTS 2040 COMPREHENSIVE PLAN UPDATE Chair Litton Field invited Planning Consultant Phil Carlson of Stantec to give his presentation. Planning Consultant Phil Carlson of Stantec opened by explaining that the update of the Mendota Heights 2040 Comprehensive Plan has been a process of many months; there have been discussions with the community and with the Commission; public hearings; and the initial draft plan itself was prepared by Stantec. It was then discussed in Planning Commission meetings and January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 6 of 18 amongst staff. At some point it was reformatted, reorganized, and some additional chapters created or revised to include Natural Resources and Resilience; which took on a life of its own with the citizen communities that helped significantly in putting that together. There have been a number of workshops and public hearings where the Commission provided comments; Stantec has tried to put all of those, or a sense of all of those, into the draft. Mr. Carlson extended his, and Stantec’s desire to provide a Comprehensive Plan that the Commission and the city deserves, that the Commission thinks represents the community, and that they want to forward to the City Council for action and adoption. This latest round incorporated a significant re-write of the Resilience chapter; there has been work on the Natural Resources chapter; updates to some of the maps in the Land Use chapter; however, they may be others. Commissioner Noonan expressed his preference in hearing of any comments or questions from the public and then address those as necessary. The Commission echoed those sentiments. Chair Field noted that the public hearing was still open and invited the public to comment or ask questions. Ms. Jill Smith, 625 Hampshire Drive, expressed some generalities about the planning process and her concerns about where the city is going from here. She stated that the provisions of the Comprehensive Plan take precedence over zoning. What is in the plan must not go beyond general aspirations, and not details or changes in those details. Details for those aspirations or goals can be elaborated in zoning regulations, a management plan, or other documents approved by the Council. For this reason, no changes in land use should be made through the Comprehensive Plan, either in language or on maps, until such future time as an acceptable development proposal is made that warrants such a change. Another reason is that this method of individual land use and zoning changes allows for providing full information to the community and their input regarding the change at hearings for such individual change. What is being reviewed is a draft proposal and it is very difficult to track changes from the 2030 plan. Furthermore, the changes between each draft are unclear. She requested that each draft is read-lined to show current changes so that the reviewer does not have to keep comparing the entire document for changes. She identified numerous errors and inconsistencies in previous drafts. It is important to have the final version of this document be as accurate as possible, so there is no misunderstanding regarding the facts or meetings. She suggested that since this is a continued hearing regarding the plan and other changes may be made prior to submitting this to the City Council, that a vote on the draft be delayed until the next Planning Commission meeting. This would allow for the document to be considered in lieu of the comments at the hearing this evening, since this is a continued hearing, and before being forwarded to the City Council as a whole. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 7 of 18 She requested that before the next meeting a red-line version from the 2030 Comprehensive Plan, and subsequent changes from meetings and hearings, be provided to make it easier to review and to appropriately comment. Commissioner Toth asked what particular land use changes she was referring to. Ms. Smith replied that she was referring to the various land use changes that have been part of the maps, changes from the existing Comprehensive Plan to different uses. As a follow up, Commissioner Noonan noted that one of those changes was probably the guidance of Augusta Shores; changed to medium density. That was reflecting what’s on the ground; he then asked if she would disagree with the re-guiding to reflect existing; as opposed to re-guiding a vacant site, which would have different development potential. Ms. Smith replied that she was less concerned about that [re-guiding to reflect existing] and she did not understand why that wasn’t changed initially. This is very difficult in the Twin Cities area, regarding the requirement that the Comprehensive Plan take precedence over zoning – because they have very little ability to plan ahead for proposed changes. On the other hand, if they make changes to the Comprehensive Plan, in today’s regulations, then there is really little opportunity to deny anything in the future, whether it is appropriate or not, in the proposed future of the city to amend that. It is very important that things are done sequentially. Do not change things from the way they are – and, if appropriate changes take place or are proposed and make sense within the city and have appropriate reasons and are consistent with the surrounding area, that is done at the time and not preempt those opportunities for the changes that are prescribed in the Comprehensive Plan. Ms. Smith continued by stating that frankly, in her experience, including these changes on maps is very important. Do not change designations on maps unless they are sure that they have something to go on. If something is changed in the Comprehensive Plan, there is little opportunity – they need to make sure they have the right proposal for this, and if they don’t then, if it is in the Comprehensive Plan, there is little opportunity to deny this. Chair Field asked Ms. Smith, since she had identified the category in a very broad form and then when given the example of Augusta Shores saying that was OK, he noted that they did some things with parks and open land as respects to golf courses – and he assumed she would say that was OK – asked that if the Commission decided to carry this forward maybe she could share with the Commission – assuming the public hearing remains open – her idea of what the changes are that should not be made. They have put in a lot of work to have a blanket indictment made, especially since there is some really good things here. Ms. Smith replied that she does not disagree with everything that has been proposed. Going forward with things in place, as they have been in the past, is not a problem. However, changing land use designations along Victoria, land use designations along Victoria and Highway 13, things that are really not in accordance with existing conditions. Commissioner Toth noted that the proposed changes along Victoria and Highway 13 were removed and are not currently listed on the map. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 8 of 18 In an effort to move on, Chair Field requested that Ms. Smith return with examples of what she disagrees with and not generalizations. Commissioner Noonan also asked for examples of other items she disagreed with, other than land use. Ms. Smith replied that, to her, general aspirations included a number of things specified within the revisions to the Comprehensive Plan. She is very much in favor of the Natural Resources program, and that many of the issues aspirations go beyond what should be in the Comprehensive Plan, and all are very important issues for the city. Beyond that there is a Tree Preservation Ordinance that could also be included. She believes that the aspirations for preserving the benefits of the community and the beauty of the community should be addressed more specifically in other areas; but should be addressed in general in the Comprehensive Plan. Commissioner Noonan noted that this comment did not match up with what she initially said and asked again that if she were to return and have comments on changes in land use, she should be specific to point out where she suggested details in the Comprehensive Plan go too far. Ms. Smith noted that she intended her comments to be generalizations; however, she would be happy to provide specifics to the Commission via a memo. Chair Field replied that he would be delighted to receive her memo. Mr. Bernard Friel, 750 Mohican Lane, expressed his appreciation for the Commission’s response to the concerns of the citizens with respect to changing some land use categories that were before them. He read in the plan today that the city would be limited to 15,000 square foot lots in the future. He did read all 187 pages of the Comprehensive Plan today. He did not read it critically, but he did go through it all. There are five lakes listed for the City of Mendota Heights; Rogers Lake was not among them, which is the largest body of water in the city. He wondered if it had been annexed by Lilydale or Mendota. He also noted, in the way of nits, that there is a section on Transportation dealing with the improved safety for pedestrian and vehicles as a consequence of the changes made on Dodd Road with the pedestrian island. He suggested that ought to be revisited in the view of the fact that in the last two weeks the signs on that island have twice been flattened. The way that intersection was configured before the Minnesota Department of Transportation (MnDOT) got a hold of it worked perfectly well. He did go through and compare the land use of 2030 with the existing land use and with the proposed land use. The only way he could figure out what those changes were was by looking at and comparing the maps – not a very good idea. Unlike the customary process, there was no narrative or findings proposed by the Planning Commission with respect to each of those proposed land use amendments. Mr. Friel then itemized what he found because he was unsure if what he found was accurate:  The land between Lemay Lake and Augusta Lake was changed from Parks & Open Space to Medium Density Residential At this point, Commissioner Petschel interrupted and made a note to staff that he believed there to be a map that should be labeled Figure 2-6, which has all of the deltas – the last map in the Land January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 9 of 18 Use section. He noted that it did not provide a narrative, but it is where one would go to find all of the deltas. Mr. Friel continued:  The parcel at Lexington and Highway 13 is proposed from Low Density Residential to Medium Density Residential o He reminded the Commission that this was proposed once before and it was voted down by the Council  Ivy Falls parcel from High Density Residential to Medium Density Residential  Parcel at Wentworth and Dodd Road from High Density Residential to Medium Density Residential  Parcel at Marie and Victoria from High Density Residential to Medium Density Residential  Easterly Kensington parcel from High Density Residential to Medium Density Residential  Westerly Kensington parcel from Low Density Residential to Medium Density Residential  Parcel at Dodd and Mendota Heights Road from Rural Residential to Medium Residential There is neither a written narrative nor findings to support a proposal to change any of these land use classifications. Commissioner Petschel asked if Mr. Friel would like to keep the parcel of land south of Mendota Heights Road adjoining Delaware, as a Medium Density PUD. Mr. Friel replied that he was not proposing to keep it any use, he was just relating what he believed the map showed. Commissioner Petschel noted that there was plenty of public discussion as to simply reconciling what is on the land at these particular places, versus how they are currently guided. Mr. Friel explained that he is being misunderstood. In making his comments he had no intentions of dealing specifically with whether the changes should be made or not, his complaint is that there was no information to support the proposals that are in the maps. Therefore, he cannot tell why the changes are being done; what if there was a valid objection to its being done. In general, he would be opposed to changing park land to any other use; and he would be against changing low density residential to any other density residential, unless there were good and sufficient reasons. He concluded that perhaps, but for the Lexington and Highway 13 re-guiding proposal, all the re- guiding proposals are being instituted as the zoning code provides for it by the city through the action of the Planning Commission. He assumed that the Lexington and Highway 13 re-guiding proposal was in response to a second application by the property owner. Chair Field replied that nothing here is necessarily reflective of a specific application. Mr. Friel ended by stating that he objects to what he terms as ‘batch’ land use changes. It is inappropriate and it denies the people who live in each of those separate areas due process of law. The fact that the Commission has such a lack of attendance this evening, at this important public hearing, demonstrates the correctness of that statement. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 10 of 18 Ms. Cindy Johnson, 1755 Victoria Road South, expressed her appreciation to the Commission for allowing residents to speak and for all of the fabulous meetings held for quite some time. She mentioned that she also noticed in the Land Use Maps that there were some discrepancies:  The existing Land Use Map is incorrectly highlighting Highland Heights Development as High Density Residential when it is a Medium Density Residential  Eagle Ridge is incorrectly highlighted as High Density Residential, when only the apartments along the perimeter are High Density Residential; the rest are Medium Density Residential  The property that has the Dakota Communities for special needs adults – Victoria and close to Lexington – is highlighted also as High Density Residential and Dakota Communities an R-1 Residential and does not need to be listed as High Density Residential She too was trying to look back and forth and trying recall from the 2030 plan and noted that there were some discrepancies in what it was called before and what it is being changed to. Commissioner Petschel noted that the mistakes is one of the things the Commission is trying to correct. He then asked if she saw any issues with the proposed changes. She replied that she believed it to be correct in the final 2040 Planned Future Land Use for properties, the change from 2030 to 2040. Ms. Johnson then stated that she is one of the Master Gardeners that works collaboratively with the City of Mendota Heights and city staff, along with other Master Gardeners and Master Water Stewards, on Natural Resources and other projects. Other members of the community, along with the Master Gardeners and Master Water Stewards, were invited by staff several months ago to participate and collaborate in drafting the Natural Resources chapter, as is done by many cities. They appreciated that invitation and expressed thanks to Mr. Benetti and other staff members. As she reviewed the completed version of the Natural Resources chapter (Chapter 7) on the website, it is not the chapter that the Commissioners had stated they were to work from at the previous workshop – the version from Commissioner Mazzitello – which left the entire narrative in place prior to the goals and policies. She would like to see that portion returned. Since this is a completely outdated version, the Implementation chapter that is available on the website is also not correct. She has concerns as to how the priorities were vetted out – that was not something they had discussed in collaboration with city staff. It appeared to her that these did not coincide with the work they did in collaboration with the city. They were hoping to be able to take a look at Chapter 7 (Natural Resources) and say it was good to go; unfortunately, as the Comprehensive Plan is written now it is not anywhere near the correct version. She would proposed the corrected version be given to the community for review. Commissioner Noonan agreed with Ms. Johnson; in fact Commissioner Mazzitello and he said the exact same thing to staff. If there was a desire to push forward and discuss the Natural Resources January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 11 of 18 section, the first recommendation he would have advanced was to delete all with respect with the goals and the policies, while not touching the narrative and to insert Commissioner Mazzitello’s work there and have that as the focus of the discussion. With respect to the implementation, she was 100% correct. If they are to have a meaningful discussion on implementation, then they need to make sure that the goals and policies are what was forming the basis for the implementation. Ms. Kate Christensen, 2280 Ocala Court, had a few specific comments:  Goal 2.4: Reduce the impact of aircraft noise within the community o 2.4.3 Advocate an equitable distribution of aircraft traffic and a more equitable runway use system  The word ‘equitable’ would be left up to so much interpretation and may not be to the good of Mendota Heights – she proposed a different word be used  Resiliency chapter o There are conflicting goals that need to be resolved (for instance, 8.1.4 Increase the tree canopy and 8.5.1 Protects the direct sunlight to rooftops and principal structures). She also thought there should be clarification on the intent so that, for instance, her neighbor cannot say that her tree is blocking his roof and so it has to go. o 8.5.2 Encourage developers to establish covenants that do not restrict the development and use of active and/or passive solar energy systems  Mendota Heights should carefully control the developers and should not put direction in the plan for developers Ms. Leslie Pilgrim, 1704 Vicki Lane, echoed the comments made by Ms. Johnson because she could not follow the bread crumbs from the last workshop to what was written by Commissioner Mazzitello to what was presented online. The Natural Resources narrative that was from the draft version of November 19, 2018 was the version that was not broken; it could be looked at as the introduction that goes back in. Also, she commented on the Critical Area – Chapter 9:  On the maps she was not really able to follow a lot of the gray dotted lines and black dotted lines o Something they might want to look at in a lot of these maps is the black solid line that defines city boundaries – it should be better defined what that line is  Chapter 9 also has a section titled Views Toward the River from Public Places o She believed that Picnic Island should to be included in that section – she had drafted some verbiage and provided the Commission a copy In light of the scope of revisions and discussion items from himself, Commissioner Noonan, and from the public, COMMISSIONER MAZZITELLO MOVED TO HAVE THE PUBLIC HEARING REMAIN OPEN UNTIL THE FEBRUARY 26, 2019 PLANNING COMMISSION January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 12 of 18 MEETING, WHEN HOPEFULLY THE HEARING WOULD ACTUALLY BE ON THE DRAFT FINAL 2040 COMPREHENSIVE PLAN COMMISSIONER NOONAN SECONDED THE MOTION AYES: 7 NAYS: 0 Discussion Commissioner Mazzitello noted that Commissioner Noonan had an extensive list of comments and he himself had an extensive list of corrections in his plan. The initial thought was they would go through chapter by chapter and he and Commissioner Noonan would relay their observations and comments for Commission consideration. Commissioner Noonan stated that he knew that Commissioner Magnuson had some comments as well. Commissioner Magnuson agreed that she had a number of comments and suggested if there were policy comments or general comments, that they be discussed. If there were grammar, nits, wording, formatting – they be provided to staff for incorporation into the document. Commissioner Petschel asked if his assumption that Commissioner Mazzitello wanted to move onto Chapter 7 and Chapter 8 correct. Commissioner Mazzitello replied that he would like to start with the Acknowledgements, before they even get to Chapter 1. Commissioner Petschel then asked if the questions and concerns regarding a lack of specificity or the opaqueness of the Land Use designation changes be a good place to start. Commissioner Mazzitello agreed this would be a good place to start. Commissioner Mazzitello made the following comments:  It would be appropriate in the Acknowledgements to recognize the volunteer resident input that went into the construction of this Plan as part of the list of individuals that contributed to its development as well; including, but not limited to: o Dakota County Master Gardeners o Volunteer Residents o Residents who testified at Public Hearings o Residents who reached out to Commissioners and Councilmembers with comments Some acknowledgement of that volunteer effort on part of the residents would be nice to see. There were no objections.  Referencing page 1-4, top paragraph, second to the last line, which read: Excellent schools and a well-educated populace complement the traditional but progressive character of the City”, suggested that the word ‘progressive’ be removed. He did not necessarily object to the reason why that was included in the narrative; however, the word carries with it a political connotation that he did not believe has a place within the Plan. If agreed, the sentence would then read “Excellent schools and a well-educated populace complement the traditional character of the City”. No objections were raised.  Chapter 2 Land Use: page layout format is inconsistent with the rest of the chapter. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 13 of 18 o Figure 2-2 Focus Areas: the properties on Victoria, just to the east of Lexington, are highlighted as a Focus Area – these are the large lots that contain the older structures and asked why they were included if they were specifically had those stricken from having Land Use changes. It was agreed to have that updated in the next version. It was noted here by some of the other Commissioners that the maps included in the Plan were inconsistently labeled; some were labeled as Figures, and some had no labels on them. Commissioner Magnuson noted that the color in the keys change for the designations from map to map. A color should be assigned to a designation and then carried through to each of the maps from the 2030 Plan and the 2040 Plan. Chair Field stated that his parcel, and his neighbors, in the section identified as Somerset Area on the Focus Areas map, particularly with the way they are isolated with Hidden Creek, believed that their land use does not qualify for redevelopment and the topography would take care it secondarily. He believed they should be removed from the Focus Area. Commissioner Noonan stated that in terms of transparency, these should be identified as areas they had discussions on and were focused on – they were talked about. The real operative piece is the 2040 Land Use Plan. Even though it is not as clear as it would like to be, it does provide the narrative that these are the areas the Commission looked at and ultimately, what was recommended is continued on the 2040 Plan and is summarized on the plan that follows the 2040. It should be left in as an item that was discussed, and then what was ultimately decided is what is on the 2040. Commissioner Mazzitello continued:  In reference to page 2.4, he asked if verbiage was provided to Mr. Benetti from a workshop that was held with City Council in October. There should be a Goal 2.2.7 that says something to the effect of “Provide a mechanism to allow for maintenance to non- conforming properties to become less burdensome”. The rationale behind this is actually on page 2.6.  On page 2.5, as pointed out during the public testimony, Policy 2.4.3 advocating for an equitable distribution of aircraft traffic – he proposed that this policy be stricken from the Plan. The Commission agreed.  Page 2.6 Future Land Use Categories / Residential – there should be a statement at the end of the section something to the affect, and verbiage was provided to staff in October, ‘there exists in the city non-conforming properties developed smaller than lot size and with less frontage due to development prior to the establishment of the zoning code’ – this would drive the Goal 2.2.7 on the previous page. This would also address the whole LR-5, LR-9 issue. The intent for the proposal in the first place was to allow for work to take place on those properties without the burdensome of variances and other permits needed. Commissioner Noonan, commenting on Table 2-1, which lists the Existing Land Uses by Gross Acres and by Acres Net of Wetland, asked why the total of each column is equal. It was agreed January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 14 of 18 that there should have been a subtotal row for each column, and then the total wetland added back into the Acres net of Wetland to come up with an equal total in each column. Staff agreed to correct this misconception. This same adjustment would be made to Table 2-2. Commissioner Mazzitello continued:  Figure 2-3 Existing Land Use – he assumed this map was to depict what is physically on the ground as land use. Staff concurred. He then indicated that he believed there to be a number of properties that are not correctly identified. For instance, Ivy Falls Townhome Development is identified as High Density Residential. He listed other examples as well.  2040 Planned Future Land Use map and 2040 Planned Future Land Use for Properties with Planned Land use Changes from 2030 to 2040 – stated that everything that is changed within this Plan is very easily explainable, but one. He then asked what the Commission’s desire was for the property on Highway 13 and Lexington. Commissioner Petschel replied that it would be easily explained by simply saying yes or by changing the map – using a single narrative. However, there is not a consolidated list of the changes. It is probably redundant, but at least it would be less confusing. Commissioner Noonan clarified that the suggestion was to include a Summary Table explaining the property and the change or an index to the map.  Getting back to the Highway 13 and Lexington property, Commissioner Mazzitello reminded them that when the initial application came to the Planning Commission, the Commission recommended approval of the change in Land Use; however, the City Council denied the change in Land Use – the same City Council that is seated today. He then asked what the Commission’s desire to do with respect to designating that piece of property – given the public testimony and the Council’s previous action. After much discussion, the Commission decided to leave the designation as is. Commissioner Noonan, referencing Policy 3.2.2 that read “The City will seek county, regional, state or federal funding to expand transit services in and around the city” stated that he did not believe that the city seeks funding for transit services; he suggested that it say that the city would support the appropriate transit agencies in seeking funding of the county. That way the city is supportive but not leading the charge. Chair Field noted that this was agreed to during a workshop. Commissioner Noonan then referenced page 3-12 and noted that he commented at the workshop meeting and thought there had been an agreement made that instead of the language in the very last sentence under Delaware Avenue, which presupposes what would be built there, that similar language be put in that ‘if the interchan ge is not built, long-term alternatives will need to be considered’. The Commission agreed to this edit. Commissioner Mazzitello continued:  Pages 3-20 and 3-21: Airport-Related Goals and Policies #2 and Aircraft Noise Policy #3 – again used the term ‘equitable distribution’ and he suggested both be stricken. The Commission agreed. January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 15 of 18 Commissioner Magnuson referred to page 3-22 and made some general comments to staff in that there were some things throughout the Plan that she believed were carried over from the 2030 Plan that could use some language updating and updated photos. She would hate for someone to think that they took the 2030 Plan and slapped on a 2040 Plan cover – especially after all of the hard work everyone has put in. Under Parks and Trails, Commissioner Noonan had one comment: there were numbers thrown out throughout this section – 771, 1,200, 598 – which he found very confusing. He requested that these be reviewed to ensure that they are consistent. Also, in regards to Policies 4.3.2 and 4.3.3, he believed were reflected in the Mazzitello version of the Natural Resources section and do not need to be repeated here. He proposed that these two policies be deleted. Commissioner Magnuson expressed her disagreement in that if Goal 4.3, where these policies were listed, were considered as an environmental issue having these policies would create an environmental system. Commissioner Mazzitello suggested that this become one Policy, making reference to Chapter 7 and the Guidelines outlined therein. This was agreed upon. Commissioner Noonan then commented on Page 4-7, under Future Park needs and references the formula, he believed it was discussed at the workshop that it was not really necessary to reference the formula given the fact that the city provides parkland over and above it. Including the formula robs the city of some flexibility. Commissioner Mazzitello continued:  Page 5-1, second paragraph, last two sentences – he suggested they be combined to read “Mendota Heights needs to provide housing options for current residents to stay in the city regardless of changes in family size, income, aging, or other issues, and be welcoming to everybody who wish to live in Mendota Heights”.  Page 6-4 under Economic Overview that makes reference to (see Appendix X), wanted to ensure that it is actually identified and attached to the Plan. o Commissioner Noonan also referenced Chapter 1 where it talks about Appendix material providing summaries of the feedback from open houses, which was not included in the copies provided and wanted to ensure they would also be included in the Plan.  Chapter 7 Natural Resources: since everyone has already received copies of Commissioner Noonan’s comments he suggested that, rather than editing Chapter 7 at this time, it be replaced with the entire narrative of the November 19, 2018 addition and the Goals and Policies as submitted by himself on December 5, 2018. This would then be a topic of discussion at the February 2019 meeting prior to acting on the Plan. He also noted that the formatting was incorrect.  Chapter 8 Resilience – again, the formatting is incorrect. Commissioner Noonan made a general comment on Page 8-2 in that it reference the Dakota County All-Hazard Mitigation Plan and the Mendota Heights Emergency Operations Plan – as stated before, that it is incumbent upon the County and the City to communicate to the extent that it can, what are January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 16 of 18 in the plans that should be actionable in case of an emergency taking place – something like “The city supports communication or education of the public as to what actions should be taken under these Plans, should an emergency situation take place”. Commissioner Mazzitello explained that that at the November 21, 2018 meeting he supplied five supplemental comments to this chapter he worked on with Mr. Carlson, and it was to add a Policy 8.3.5 that says “Review emergency communications procedures to ensure the public is adequately informed in the event of an emergency”. Commissioner Noonan suggested that an advance knowledge component or understanding be made available. In reference to Policy 8.2.3 – Conduct a Population Climate Vulnerability Assessment . . . Commissioner Noonan stated that he had no clue what that meant. He suggested that this be put in plainer language. He also referenced Ms. Christensen’s comments regarding Policy 8.1.4 and Policy 8.5.2 – the potential inconsistencies should be worked out. Commissioner Petschel also noted that every time they have reviewed this document they have voted to remove Policy 8.5.1 and yet it remains. Commissioner Magnuson asked if anyone else felt that the narrative on alternative transportation on page 8-8 appeared to be out of place. It is right after the topic of Gross and Rooftop Solar Resources and right before the 2040 Resilient Energy Generation and Consumption Goals and Policies. She suggested it be moved to right before Goal 8.6: Adopt climate mitigation and/or energy independent goals to reduce greenhouse gas emissions, or right after Goal 8.6. Commissioner Noonan referenced Policy 8.6.3 that talks about beginning the application process to the Minnesota Green Step Cities Program – again the Commission needs to understand what this program is so they know what is being asked. In reference to Policy 8.7.3 that reads “Consider housing options along transit corridors as a strategy for reducing the consumption of fossil fuels”, Commissioner Noonan asked what corridors were being referenced. He believed this to be misleading since there is no place to do this activity; it is meaningless to include it. The Commission agreed to delete this policy. Page 8-10, second paragraph that talks about ‘planning policies and reduce or reinforce structural barriers that prevent our food supply . . .’ is a general bold statement does not spell out what policies – it’s pretty light on the details. His final comment was on the paragraph on page 8-11 which talks about Access to Food Markets and suggests that reliance on the automobile can be problematic. The Plan should also recognize market realities; that had been intents to provide local food markets that have not been supported. Commissioner Mazzitello continued:  There had been conversations regarding adding Policy 8.3.5 referencing Communications, Procedures, and Public Notifications. Mr. Benetti has the language on that.  Also, on Page 8-5 under Resilient Energy Generation and Consumption, in the second to last sentence that reads “Mendota Heights must set goals and policies that treat sustainable January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 17 of 18 . . . “ – he suggested that the word ‘must’ be changed to ‘desires to’ so that it is not obligatory.  On Page 8-9 Policy 8.6.4, the word ‘Encouraging’ should be ‘Encourage’  On Page 8-11, Small Scale Food Production in Mendota Heights – he asked that a third bullet be added titled “Beekeeping” with the substantial language he sent to Mr. Benetti on December 21, 2018.  Policy 8.8.5 – should read “Support innovative practices such as mobile food markets and mobile food pantries/food shelves that can bring food closer to elderly and other under- resourced residents.” In reference to Chapter 9, Commissioner Noonan asked staff to consider Ms. Pilgrim’s comments with respect to the mapping as he could see the confusion. For instance, on page 9-4 there is a line that says ‘city and township boundaries’, yet what has been done is that there is a solid black line. There needs to be consistency. Mr. Benetti explained that these were stock maps provided by the Metropolitan Council (Met Council) and he did not believe they could be revised. It was suggested that this feedback be provided to the Met Council as it would be in their best interest to be informed. Commissioner Mazzitello stated that it appeared to him that some of these maps seemed to be sourced and asked where they came from. Commissioner Magnuson, referencing Page 9-1, noticed that there was a sentence that stated that the Critical Area was designated by Governor’s Executive Order in 1976, then it talks about that on January 4, 2017 the Minnesota Rules, chapter 6106 replaced the Executive Order, and then in the next paragraph it says that in 2016 the Minnesota Department of Natural Resources revised the rules and regulations, which were incorporated into this plan. The dates are inconsistent. The reality is that the Department of Natural Resources proposed the rules in 2016, which were then adopted in 2017 and incorporated into the plan. Commissioner Mazzitello stated that there are a lot of problems in Chapter 10 Implementation that need to be corrected before this Plan gets sent to the City Council. For example, the goals defined in the tables for the various chapters do not match the Goals and Policies that are in the chapter. Secondly, there are priority levels set that the Commission has not discussed. Commissioner Noonan made the following general housekeeping type comments and suggestions:  The footers need to be made consistent; in some cases it says Implementation and then a page number, and in other cases it is just a naked page number  The headers need to reflect the current version throughout  Ensure that all figures are labeled  The maps have a whole plethora of different dates on them, dating should be consistent Commissioner Magnuson stated that, in spite of all of the negativity heard this evening, the Commission believes that everyone did a remarkable job and she expressed the Commission’s January 22, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 18 of 18 appreciation for all of the hard work they put in – and it is obvious that a lot of hard work went into this Plan. Staff and Commission Announcements This being Chair Field’s last meeting, Commissioner Noonan expressed appreciation for his leadership, direction, the calm voice, and calm demeanor that some needed. Chair Field will be missed and wished all the best in his next phase. Mr. Carlson stated that he has had the privilege in his work to see many, many, many Planning Commissions – not just this one. He could truly say that Chair Field has done an outstanding job; his demeanor, professionalism, and intelligence in guiding this Commission are unique and remarkable. The City and its residents owe him a debt of gratitude. Mr. Benetti asked if the Commission would like to schedule a workshop meeting before the regular meeting in February 2019. He echoed Commissioner Mazzitello’s observance that a workshop would be appropriate and helpful just to do another fine tooth combing of the plans once the edits are done. Chair Field replied that this would be well advised. It was agreed by all to have the workshop meeting take place beginning at 6:00 p.m. prior to the next regularly scheduled meeting. Adjournment COMMISSIONER MAZZITELLO MOVED TO ADJOURN COMMISSIONER CORBETT SECONDED THE MOTION AYES: 7 NAYS: 0 CHAIR FIELD ADJOURNED THE MEETING AT 9:35 P.M. Planning Report (Supplemental) MEETING DATE: February 26, 2019 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2019-01 Zoning Code Amendment – Personal Self-Storage Facility Uses in the I-Industrial Zone APPLICANT: Metro Storage LLC PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: (extended to April 25, 2019) INTRODUCTION The City of Mendota Heights is asked to consider an amendment to City Code Title 12-1G-1, which would allow “personal self-storage facility” uses as either a permitted use or conditional use in the I-Industrial district. The applicant is Metro Storage LLC (Lake Forest, IL). This item was officially presented under a public hearing item at the January 22, 2019 regular meeting; and after initial discussion, a motion was made to table the matter and leave the hearing open until the next regular scheduled meeting. DISCUSSION At the January 22, 2019 regular meeting, staff presented a planning report and analysis (dated 01/22/19 – attached hereto); and after the presentation, questions were raised by commissioners on the issue of why “personal self-storage” uses were listed as a prohibited use in the I-Industrial district regulations. Staff did not have any information or answers to report; and was directed to do more research and provide additional information for further consideration. Staff was able to find additional information, and has prepared for you the following information and chain- of-events related to this request:  January 4, 2016: City Council discussed at a workshop meeting the final implementation strategies of the city’s Industrial District Redevelopment Plan (adopted by the City Council - January 2016). As part of this discussion, staff was directed to proceed with exploring potential Planning Case 2019-01 Zoning Code Amend-Self-Storage Uses Page 2 of 3 revision and additions to the uses in the Industrial District. The staff memo and minutes from this workshop meeting are appended as Exhibit-A.  January 26, 2016: city staff presented a planning commission report of proposed Zoning Code Amendment to the Industrial District Uses. This report provided an initial draft Ordinance No. 491 for consideration, with certain uses added, revised, or struck from the city Zoning Code. The PC elected to table the matter in order for staff to provide additional information, compare other city ordinances, and bring the matter back to the next meeting. The report and minutes from that meeting are appended as Exhibit –B.1 and B.2.  February 23, 2016: city staff presented a follow-up report with additional information; including an updated Ord. No. 491, but with two different options for the PC to choose. Option No. 1 does not make any reference or identification of “self-storage” or similar uses, nor does it have a list of prohibited uses. Option No. 2 however, did provide a list of prohibited uses, which included “personal self-storage facility”. The PC eventually determined Option 2 as the preferred choice to present to the Council. Minutes from that meeting reflect little, if any discussion points on how or why they chose Option 2 or reasoning for including the list of prohibited uses. The report and minutes from that meeting are appended as Exhibit C.1 and C.2.  March 3, 2016: City Council takes up the recommendation from the PC on Ord. No. 491 (Option 2). The planner’s report included a statement: “Title 12-1G-2-2 is established. As proposed, most manufacturing uses would still be allowed under the proposed permitted use category, as long as they are compliant with the existing definition. Therefore, staff recommends that the Industrial District be amended to include "prohibited uses." The proposed list came from reviewing example ordinances, but can certainly be expanded.” As the minutes from the city council meeting reflect, comments appear to have focused on “trade schools, colleges, and universities” and “massage therapy services” – but apparently no comments or input on prohibited uses was given, either to the list itself or to any specific uses. The report and minutes from that meeting are appended as Exhibits D.1 and D.2 . On March 3, 2016, the Council adopted Ordinance No. 491, which officially amended Article G. Industrial District zoning standards, and provided the current list of prohibited uses found under Title 12-1G-2-2. Speaking with the former city planner at the time the Industrial District standards and Ordinance 491 were being researched and considered, he does not recall any discernible comments, objections, or support for this list of prohibited uses, nor any extended discussion related to personal self-storage uses. For all intents and purposes, the former staff member suggested he may have simply added another city’s list of prohibited uses, and offered them up for consideration to the Planning Commission, which was eventually accepted or made part of the overall recommendations, and later adopted by the City Council. As for recorded evidence or video of these previous meetings, the city unfortunately retains video records (CD’s) of all televised meetings for one year (per city retention policies), and Town Square Television does not retain video of meetings beyond one year as well. Since there apparently is no “hard proof” or written/recorded evidence of why or how personal self-storage uses became a prohibited use in the Code, the Planning Commission must decide on whether or not this use or activity should be removed from the list; and if so, does the Commission support the allowance of such uses in the community. The draft Ordinance No. 538 (included herein) provides language for such allowance, but only as a conditional use in the I-Industrial district, with specific certain site standards. The Commission may choose to accept this draft ordinance as presented, or modify accordingly. Conversely, Planning Case 2019-01 Zoning Code Amend-Self-Storage Uses Page 3 of 3 if the Commission feels this use should remain a prohibited use or not allowed as this time, a recommendation of denial is in order, with findings (or statements) supporting such a recommendation. Please note the Applicants are requesting the commission consider additional information for consideration in this matter. Included in this report is a narrative, which explains the process for calculating demand and predicting future demand(s) for self-storage uses in certain markets (see attached Exhibit E). ALTERNATIVES for ACTION The Planning Commission may consider the following actions: 1. Recommend approval of the draft Ordinance No. 538 as presented (or with revisions), which amends Zoning Code Title 12-1G-2 by adding “Personal self-storage facility” as a conditional use with certain site standards in the I-Industrial district, and amending Title 12-1G-2-2 Prohibited Uses by removing “Personal self-storage facility” under said section; or 2. Recommend denial of the requested Zoning Code Amendment, and make no changes to Title 12- 1G-1 (Industrial District) or Title 12-1G-2-2, with findings to support such recommendation; or 3. Table the request, and direct city staff to provide additional information for further consideration by the Planning Commission, and present this information at the next scheduled Planning Commission meeting. STAFF RECOMMENDATION Re-open the public hearing; allow for additional public comments as needed; discuss with city staff and/or the Applicant the request for zoning code amendment; make a motion to either approve the request as presented by recommending favorably on the draft Ordinance No. 538 as presented herein; or deny the request with certain findings to support such denial. If the Planning Commission wishes to delay this matter once again, you should provide reasonable justifications for tabling, and make a motion accordingly. Attachments 1) Exhibit –A: 01/04/16 Council Report Memo and 01/04/16 Council Workshop minutes 2) Exhibit –B: 01/26/16 Planning Report and PC Mtg. minutes 3) Exhibit –C: 02/23//16 Planning Report and PC Mtg. minutes 4) Exhibit –D: 03/03/16 Council Report Memo & City Council Mtg. minutes 5) Exhibit –E: Supplemental Narrative from Applicant 6) 01/22/19 Planning Staff Report (Complete) with Draft Ordinance No. 538 DATE: January 4, 2016 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Industrial District Redevelopment Plan Implementation BACKGROUND The DRAFT Industrial District Redevelopment Plan was presented to the City Council on December 15. Stantec and staff are now working to finalize the plan based on the discussion. Phil Carlson will be in attendance at the workshop to assist in facilitating a discussion on implementation strategies, as included in the attached matrix. In response to the Council discussion, also attached is a map depicting the allowable building height to airspace range within the study area. BUDGET IMPACT The consulting services contract and work plan with Stantec for this project does not include any implementation tasks. It is anticipated that staff can complete the majority of the tasks related to implementing the plan’s recommendations. If the Council determines that additional consulting services are necessary, a separate work plan and budget would have to be developed. RECOMMENDATION Staff recommends the Council discuss and prioritize the Industrial District Redevelopment Plan’s recommendations and direct staff accordingly. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Workshop - Goalsetting Session Monday, January 4, 2016 Pursuant to due call and notice, a workshop meeting of the Mendota Heights City Council was held at 3:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 3:05 p.m. Councilmembers present included Duggan, Norton, Petschel, Povolny. Staff present included City Administrator Marlc McNeill, Assistant to the City Administrator Tamara Schutta, Planner Nolan Wall, Public Works Director John Mazzitello, Finance Director Kristen Schabacker, Recreation Program Coordinator Sloan Wallgren, and City Clerlc Lorri Smith. MENDOTA HEIGHTS 1NDUSTRIAL DISTRICT STUDY RESULTS Planner Wall introduced consultant Phil Carlson of Stantec. They reviewed the study results of the Industrial District Redevelopment Area Plan. Staff discussed the ongoing tasks that were developed for the Industrial District which included keeping the area zoned for office use, preserving the area's roadway network, staying current with changes in the requirements of industrial and office uses and adjusting policies accordingly, and continuing to work with the owners, managers, and tenants to keep the park successful. Tasks for the next five to ten years were outlined, which included exploring ways to capitalize on the new Vikings facility, reviewing parlcing standards, and studying the broadband and technology infrastructure available. 2016 tasks were reviewed which included exploring the potential revisions to the uses allowed in the park, studying traffic and circulation in the vicinity of Pilot Knob Road, conducting a pedestrian and bike study to improve the trail system, and continue commercial land uses and zoning design on the Bourne site and change it if the market warrants it. Councilmember Povolny stated he would like to see the Bourne site developed for residential use. Mayor Krebsbach noted that she would like to see permitted uses in the district to be aligned with the airport regulations, distinguishing daycares and removing these from allowed uses in the district, parking regulations and trails to be reviewed, and possible rezoning of the Bourne site. She also supported exploring re-guiding the land adjacent to the TH 55 corridor to be residential. Planner Wall stated that the action items will be brought forward to the City Council for their approval and staff will begin working on the other items. 1/26/16 Planning Commission Packet- Page 52 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone a 651.452.8940 fax www.rrendota•heights.com CITY OF MENDOTA HEIGHTS DATE: January 26, 2016 TO: Planning Commission FROM: Nolan Wall, AICP Planner SUBJECT: Planning Case 2016-04 Proposed Code Amendments — Industrial District Uses APPLICANT: City of Mendota Heights PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: N/A DESCRIPTION OF THE REQUEST The City is considering amendments to Title 12, Chapter 1, Article G of the City Code concerning uses in the Industrial Zoning District. BACKGROUND The City is in the process of finalizing the Industrial District Redevelopment Plan and is proceeding with implementing several recommendations included in the Plan. The recommendations were developed as a result of the following planning process: Survey of property owners/managers, tenants, and brokers Market analysis from a commercial real estate firm Planning Commission/City Council joint workshop City Council presentations/discussions The Plan's implementation strategy was discussed at the January 4 City Council goal setting workshop. Subsequently, staff was directed to proceed with exploring potential revisions or additions to the uses allowed in the Industrial District. ANALYSIS The City's zoning authority is created and regulated by statutes and court decisions. The zoning regulations should be continually reviewed to ensure they are consistent with the goals and visions for the community. When drafting and amending zoning regulations, the city is utilizing its legislative (law -making) authority. When using its legislative authority, the only limits on the city's zoning authority are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. This is commonly known as the "rational basis standard" and is generally an easy standard to meet. 1/26/16 Planning Commission Packet- Page 53 Permitted Uses Permitted uses are allowed by right in a given zoning district, subject to the applicable regulations and any required building permits. To the extent the use meets the applicable requirements, it must be permitted. As a result, it is prudent for the city to review and scrutinize permitted uses to ensure they fit current needs and are compatible with the city's vision for the area. Certain uses could be stricken or reclassified as conditional uses, where conditions may be imposed to prevent any negative secondary effects. Title 12 -1G -1-A and B of the City Code include the following permitted uses within the Industrial District: A. Within any I industrial district, no structure or land shall be used except for the conducting of a process, fabrication, storage, manufacturing or wholesaling of one or more of the following uses: Aeronautic and automotive testing equipment Apparel. Appliances. Artificial limbs. Automobile painting, upholstering, tire recapping and major repair when conducted within a completely enclosed building. Bakery goods. Batteries. Boats. Bus terminals and maintenance garage. Cabinet shops. Camera and photographic supplies. Canvas products. Ceramic products using kilns fired only by electricity or gas. Cigarettes and tobacco products. Clocks, watches andjewelry. Cork and cork products. Drugs, cosmetics, pharmaceuticals and toiletries. Electric motors, generators, transformers and other electric components. Electronic products. Engraving and printing. Furniture. 1/26/16 Planning Commission Packet- Page 54 Heating, washing, cooling, drying, cleaning appliances. Ice, cold storage plants, bottling works. Laundries. Machine shops. Metal polishing and plating. Monument works. Musical instruments. Office equipment. Paint manufacturing. Paperproducts from previously processed paper. Research laboratories. Rubber and synthetic rubber products. Sheet metalwork, ornamental iron, welding, and stamping. Shoes, boots, footwear. Sporting equipment. Television, radio. Tools, hardware andsmall metal products. Video equipment. (Ord. 429, 8-3-2010) B. The following nonmanufacturing uses: Business and professional offices. Landscaping and building design and construction. Railroad spurs and sidings. Scientific research, investigation, testing and experimentation. Trade schools and colleges or universities, without accessory housing. Warehousing. Water softening units. (Ord. 429, 8-3-2010; amd. Ord. 457, 11-19-2013) 1/26/16 Planning Commission Packet- Page 55 Conditional Uses Generally, conditional uses are not appropriate without conditions that ensure the use is compatible with the surrounding area and conforms to the zoning regulations and comprehensive plan. By requiring a use by conditional use permit (CUP), the city has more flexibility in administering the zoning regulations by including rational conditions on the use. Once a CUP is granted, the property interests run with the land as long as compliance with the approved conditions is maintained. Title 12 -IB -2 of the City Code includes the following definition: CONDITIONAL USE: Either a public or private use which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts. Title 12-1G-2 of the City Code includes the following conditional uses within the Industrial District: Within the I industrial district, no structure or land shall be usedfor the following uses except by conditional use permit: Accessory, enclosed retail sales, provided that: A. Accessory Use: The retail sales portion of the business shall be an accessory use to the existing permitted or conditionally permitted use in the I industrial district. B. Site Requirements: The retail sales portion of the business shall be conducted within the same building as the principal use. C. Building Requirements: The retail sales portion of the business shall not constitute more than five percent (S%) of the gross floor area of the principal use. D. Building Design: The building design shall be in compliance with subsection 12 -ID -13-2C of this chapter. E. Parking: Adequate offstreet parking and off street loading shall be provided and shall be in compliance with the provisions of section 12-1 G -S of this article and section 12 -ID -16 of this chapter. F. Signage: All signage shall be in compliance with the provisions of section 12 -ID -15 of this chapter. Separate wall signage may be considered at the retail entrance, but no separate freestanding signage shall be considered. G. Landscaping: All landscaping shall be in compliance with subsection 12 -1D -13-2D of this chapter, section 12-1 G-6 of this article and section 12-1I--9 of this chapter. H. Screening: All screening shall be in compliance with subsection 12 -1D -13-2E of this chapter, section 12-1 G-6 of this article and section 12-1I--9 of this chapter. I. Hours Of Operation: The hours of operation of the retail sales portion of the business shall be limitedfrom eight o'clock (8: 00) A.M. to seven o'clock (7:00) P.M. on weekdays and eight o'clock 8: 00) A.M. to five o'clock (S: 00) P.M. on Saturdays and Sundays. Accessory structures. Adult daycare, provided that the proposed facility meets the following conditions: A. Clients are brought to the site primarily through the use ofgroup transportation, such as vans or buses. B. A separate exterior entrance is available to the facility for clients and staff. C. The facility will require parking space at a rate no greater than that of an office tenant for staff, clients, and visitors. D. If located in a multi -tenant building, the daycare facility is found to be compatible with the other uses that are allowed on the property under the applicable zoning regulations. E. Outdoor activities on or around the property in question, ifpart of the program, are accessible via adequate pedestrian facilities such as sidewalks or trails. F. The daycare facility is properly licensed by the state ofMinnesota under applicable statutory requirements for clients ages eighteen (18) and over. 1/26/16 Planning Commission Packet- Page 56 Airports, truck andfreight terminals, team tracks and open sales lots. Athletics, participative. Automobile and other vehicles of transportation sales when conducted entirely within a building. Essential service structures. Massage therapy services to the general public for purposes of a teaching program accredited by the National Certification Board For Therapeutic Massage And Bodywork and the Accrediting Commission Of Career Schools And Colleges Of Technology as an accessory use to trade schools, colleges, and universities in which no fee is chargedfor the services. Motel and hotel. Motor fuel stations subject to the requirements of section 12-1D-13-3 of this chapter. Outdoor storage and display of materials and equipment accessory to landscaping and building design and construction, provided that: A. The site shall be occupied by a principal building of no less than fifteen thousand (15, 000) square feet. B. All storage and display is located in the rear or side yard of the property and behind the front building line of the principal building, and shall not be located in a yard that abuts any local public street. C. No storage and display shall be located on any parcel that is within one thousand five hundred feet (1,500) from any residentially zoned property, measuredfrom the closest point of the lot lines. D. The storage and display area shall not be open to retail sales, and shall be utilized only for stock and supply for clients of the landscape or building design and construction business. E. All storage and display is located on paved surfaces, which shall be properly maintained to prevent deterioration. F. The storage and display area shall occupy no more than sixty percent (6001o) of the total lot area. G. The storage and display area shall be set back from all lot lines no less than ten feet (10). K The storage and display area shall be screened from surrounding property by fencing, walls, and/or landscaping. L All storage and display shall be located under three (3) sided, coveredstructures, with the exception of landscape plant materials and trucks or equipment as shown on a specific and detailed site plan. J. Trucks and equipment kept within the storage and display area shall be located within designated striped parking spaces and shall not be usedfor storage. K. Fencing utilizedfor screening purposes shall be constructed of wood or other materials as approved by the city council. L. Circulation and water service on the property shall meet the requirements of the city's fire chieffor access andfire protection. M. Covered structures used to protect stored materials or equipment shall meet the following requirements: 1. Structures greater than eight feet (8) in height shall be designed and constructed of materials consistent with the requirements ofsection 12-1D-13-2 of this chapter. 2. Structures of eight feet (8) in height or less may be constructed of alternative materials as approved by the city council, provided such structures are not visible from surrounding property or public streets. 3. All structures shall comply with applicable building andfire codes. 1/26/16 Planning Commission Packet- Page 57 Radio, television or transmission towers. Ready mix concrete and concrete productsplants. Restaurants (full service dining, not drive-in or convenience/fast food type). Retail sales and service complexes, provided that: A. Site Requirements: The retail sales and service complex must be located adjacent to an interstate highway and within three hundredfeet (300) of an interchange entrance or exit ramp with such highway. The site may be comprised of more than one lot but the lot area for any retail site shall be limited to one acre or less. B. Mix Of Uses: A retail sales and service complex may include any service uses which are listed as permitted or conditional in the I district as well as retail uses listed as permitted or conditional uses in the B-2 zoning district. Any retail building must contain a minimum of two (2) tenants. As part of the conditional use permit application, applicants may propose to include a drive-in or fastfood restaurant as defined in section 12 -ID -13-4 of this chapter; provided that no single restaurant exceeds two thousandfive hundred (2,500) square feet in size. C. Parking: Sufficient access and parking shall be provided. If the retail sales and service complex includes more than one lot, cross parking and cross access may be permitted and the required number ofparking spaces may be reduced. The size of the parking stalls may be reduced to nine feet (9) in width and eighteen feet (18) in length. Parking areas may be set back ten feet 10) from a front property line or side property line abutting a street. D. Building Requirements: Notwithstanding the height requirements of the I district, any hotel or motel in the retail sales and service complex may be a maximum offour (4) stories or fifty feet 50) in height. Notwithstanding the floor area ratio requirements of the I district, the floor area ratio of the retail sales and service complex may be a maximum of sixty percent (6001o). E. Flexibility In Site Setbacks: Building setbacks may be reduced to thirty five feet (35 ) from a front property line or side property line. Building setbacks may be reduced to forty feet (40) from a rearproperty line. Setbacks to interior side property lines (not abutting a street) may be reduced to zero. F. Architectural Controls: Applicants for a conditional use permit must provide samples of exteriorfinishes which shall be approved as part of the conditional use permit process. G. Landscaping: At least twenty five percent (2501o) of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. All lots within the proposed retail sales and service complex development may be calculated together to meet the twenty five percent (25%) requirement. H. Signage: Approved signage shall be based on the overall size of the retail sales and service complex but flexibility may be granted to allow more than one sign on a particular lot that is part of the retail sales and service complex. Freestanding or pylon signs may be located at least ten feet (10) from a front property line or side yard abutting a public street and interior side property lines. Pylon signage may be permitted provided that signage included in any retail sales and service complex located along I-494 shall be no higher than nine hundredfifteen feet (915 above mean sea level. I Remaining Standards: All other standards of the I industrial district and other applicable zoning standards shall apply. Solar energy systems that are accessory to the principal use of the land and are designed to supply energy to on site uses, as regulated by section 12-1D-18 of this chapter. Trade schools, colleges, and universities with accessory housing for the students of the school only. Uses which are permitted under section 12-1I--8 of this chapter which involve the storage or use of materials which decompose by detonation. (Ord. 429, 8-3-2010; amd. Ord. 446, 3- 5-2013; Ord. 457, 11- 19-2013; Ord. 485, 9-15-2015) 1/26/16 Planning Commission Packet- Page 58 Interim Uses Interim uses must conform to the zoning regulations and can be terminated based on a date or event that can be identified with certainty. As a result, they are effective tools for redevelopment planning by allowing for certain temporary uses of property without jeopardizing a long-range plan. The City Code was amended in 2015 to include interim uses, as in Ordinance 479. Title 12 -IB -2 of the City Code includes the following definition: INTERIM USE: A temporary use ofproperty until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use. Title 12-1G-2-1 of the City Code includes the following interim uses within the Industrial District: Within the I industrial district, no structure or land shall be usedfor the_ following uses except by interim use permit: Off leash dog area, provided that: A. The minimum parcel size shall be five (5) acres, which may include a combination of adjoining lots under control by the city. B. No structures shall be located on the lot(s). C. Proper fencing shall be installed around the entire off leash area with height and materials approved by the city council. D. Adequate off street and/or on street parking shall be supplied, as determined by the city council. E. Hours of operation shall be limited to between seven o'clock (7:00) A.M. and nine o'clock 9: 00) P.M. F. Fixed lighting structures are prohibited. G. All dogs shall be appropriately licensed. H. All dogs shall be kept on leash at all times except within the designated off leash area. I. No dog(s) shall be left unattended within the off leash area. J. Dog waste receptacles shall be provided and all dog waste shall be properly disposed of on site by the user or removedimmediately. (Ord. 484, 8-4-2015) Accessory Uses Accessory uses are located on the same lot, but are subordinate or incidental to a permitted use. Accessory uses are still subject to applicable zoning regulations and required building permits. They often include uses that enhance the use of the property, but do not change the primary permitted use. Title 12 -IG -3 of the City Code includes the following accessory uses within the Industrial District: Within the I district, the following uses shall be permitted accessory uses: Fences as regulated by this chapter. Guesthouses owned and operated in conjunction with a permitted or principal use. Offstreet parking and loading as regulated in this chapter. Residential structures and related residential uses necessary for security and safety reasons in relation to a principal use. Signs as regulated in this chapter. (Ord. 429, 8-3-2010) 1/26/16 Planning Commission Packet- Page 59 Proposed Amendments Based on discussions during the planning process, staff has included proposed amendments concerning certain uses for review and recommendation by the Planning Commission. It is not intended at this time to propose any new uses, which has historically been a process driven by a proposed request. Also, the impacts of eliminating or reclassifying certain uses should be considered as it relates to any existing uses that operate within the Industrial District. Ultimately, the City Council may consider any amendments necessary to ensure the city's land use goals and policies within the Industrial District are implemented appropriately. ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 491, as presented or as amended by the Commission. OR 2. Recommend denial of DRAFT Ordinance 491. OR 3. Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendment concerning certain uses in the Industrial District. If acceptable to the Commission, action can be taken at this month's meeting. Staff would propose to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1. DRAFT Ordinance 491 2. Industrial Zoning District maps 3. Implementation Framework 4. Planning application, including supporting materials 1/26/16 Planning Commission Packet- Page 60 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 491 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE G OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING USES IN THE INDUSTRIAL DISTRICT The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Title 12 -1G -1-B is hereby amended as follows: The following nonmanufacturing uses: Trade ,.,.h, els a+id eColleges or universities., Section 1. Section 2. Title 12-1G-2 is hereby amended as follows: Within the I industrial district, no structure or land shall be used for the following uses except by conditional use permit: Massage therapy services to the general public for purposes of a teaching program accredited by the National Certification Board For Therapeutic Massage And Bodywork and the Accrediting Commission Of Career Schools And Colleges Of Technology as an accessory use to trade colleges; and universities in which no fee is charged for the services. Trade sehae4 .Colleges -ate or universities w4h a , i .using for- 4ie s.adeats arthe se4aa' a*l 1/26/16 Planning Commission Packet- Page 61 Section 3. Title 12-1G-3 is hereby amended as follows: Within the I district, the following uses shall be permitted accessory uses: Residential strue Hfes and related residential -Eises neeessafy for- seeiir-ity and safe, r-easeas in r-ela6efi E) a pfifleipal Section 4. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this XXX day of Month, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk January 26, 2016 Mendota Heights Planning Commission Meeting Page 1 PLANNING CASE #2016-04 City of Mendota Heights Proposed City Code Amendments concerning Industrial Zoning District uses City Planner Nolan Wall explained that the City of Mendota Heights is considering amendments to various sections of Title 12, Chapter 1, Article G of the City Code concerning uses in the Industrial Zoning District. The City recently finalized the Industrial District Redevelopment Plan and is proceeding with implementing several of the recommendations included in the plan. The recommendations were developed as a result of surveying property owners and managers, tenants, and brokers; a market analysis completed by a commercial real estate firm; Planning Commission/City Council joint workshop; and then the City Council was presented this information and had several discussions regarding the implementation strategy. More specifically, at the January 4 City Council workshop staff received direction to proceed with the process to consider revisions to the uses that are allowed in the Industrial District. Planner Wall then gave a definition of the following terms: Permitted Uses, Conditional Uses, Interim Uses, and Accessory Uses. After lengthy discussion regarding the list of permitted uses, the Commission requested that staff bring back examples of what surrounding communities have on their list of permitted uses. Planner Wall briefly summarized each section, fielded questions from the Commission; discussions occurred and suggestions made. COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO KEEP THE PUBLIC HEARING OPEN AND TO TABLE ORDINANCE NO. 491 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE G OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING USES IN THE INDUSTRIAL DISTRICT UNTIL THE FEBRUARY 23, 2016 PLANNING COMMISSION MEETING. AYES: 6 NAYS: 0 ABSENT: 1 (Roston) 2/23/16PlanningCommissionPacket - Page13 MEETING DATE: February23, 2016 TO:PlanningCommission FROM: NolanWall, AICP Planner SUBJECT: PlanningCase2016-04 ProposedCode Amendments – IndustrialDistrictUses APPLICANT: CityofMendotaHeights PROPERTYADDRESS: N/A ZONING/GUIDED: N/A ACTIONDEADLINE: N/A DESCRIPTION OFTHEREQUEST TheCityis considering amendments toTitle12, Chapter 1, Article GoftheCityCodeconcerningusesin theIndustrialZoningDistrict. BACKGROUND DRAFTOrdinance491wasreviewedanddiscussed bythePlanning CommissionattheJanuary meeting. Asaresultofthe Commission’s comments, staffhasrevised theproposed amendmentsforcontinued reviewanddiscussion. ANALYSIS TheCityisusingitslegislative authoritywhenconsidering actiononacodeamendment requestandhas broaddiscretion; the onlylimitationsarethatactionsmust beconstitutional, rational, andinsomeway relatedtoprotecting thehealth, safetyandgeneral welfareofthepublic. Basedonthediscussionatlastmonth’s meeting, staffisproposing two optionsforreviewanddiscussion bythePlanning Commission. Asummary oftheproposed amendments containedin DRAFTOrdinance 491includesthefollowing: OPTION 1 Section 1 Title12-1G-1-Acontains permitteduses underthefollowingguidelines: Withinany Iindustrialdistrict, nostructure orlandshallbeusedexceptforthe conductingofaprocess, fabrication, storage, manufacturingorwholesaling ofoneormoreofthefollowing uses… 2/23/16PlanningCommissionPacket - Page14 1.Revisetheexisting “autorepair” usetoincludebothmajorandminoruses, underthefollowing existingdefinitions: AUTOMOBILEREPAIR, MAJOR: Generalrepair, rebuildingorreconditioningofengines, motorvehiclesortrailers, includingbodywork, framework, andmajorpaintingservice. AUTOMOBILEREPAIR, MINOR: Thereplacement ofanypartorrepairofanypartwhich doesnotrequiretheremovaloftheengineheadorpan, engine, transmissionordifferential; incidentalbodyandfenderwork, minorpaintingandupholsteringservicewhensaidservice abovestatedisappliedtopassengerautomobilesandtrucksnotinexcessofathree-quarter 3 tonrating. 4 Basedontheexistingdefinitions, itislikelythatany “majorautomobile repair” usewouldalsobe completing “minorrepairs.” 2.Reclassifythefollowingmanufacturingusesfrom “permitted” to “conditional”: Batteries Laundries Metalpolishingandplating Paperproductsfrompreviouslyprocessedpaper Rubberandsyntheticrubberproducts Sheetmetalwork, ornamentaliron, welding, andstamping Section 2 Title12-1G-1-Bcontainspermitted “nonmanufacturing” uses. 1.Add “municipalbuildingsandstructures” toincludetheexistingpublicworksgarage. 2.Eliminate “tradeschools” andincorporatetheexistingtradeschooldefinitionintotheusecategory inorder torecognizeallpost-secondaryeducationoptionswithoutusingtheoutdatedterm. 3.Add “distribution” totheexisting “warehousing” use, inordertorecognizethattheusesareoften co-dependentoneachother. Section 3 Title12-1G-2containsconditionaluses. 1.AddtheusesreclassifiedfrompermittedusesinSection1. 2.Eliminatethefollowinguses: Adultdaycare Athletics, participative Tradeschools, colleges, anduniversitieswithaccessory housingforthestudentsofthe schoolonly 3.Add “Commercial recreation, whenconductedwithinacompletely enclosedbuilding” asa conditionaluse. Theintentistoallowforadditionalusesthatmaybeabletoutilizeexistingvacantwarehousespace andrepurposethebuildingtomeettheirneeds. Therehasbeeninterestintrampolineand 2/23/16PlanningCommissionPacket - Page15 gymnasticsusesinthepastwithintheIndustrialDistrict. Section5includesaproposedrevised definitiontospecifyqualifyinguses. 4.Revise “massage therapy” usetoeliminatethereferenceto “trade school,” whichisproposed tobe eliminatedfromtheCode. 5.Add “motorfuelstationconveniencestores” totheexistingusecategory. Currently, theCodecontainsseparate definitionsfor “motor fuelconveniencestore” and “motor fuelstation.” MOTORFUELCONVENIENCESTORE: Astoreoperatedinconjunctionwithamotorfuelstation ortruck stopforthepurpose ofoffering forsalegoodsnot essentialfortheoperationofmotor vehicles. MOTORFUELSTATION: Aretailplaceofbusinessengagedprimarilyinthesaleofmotor fuels, butalsomaybeengagedinsupplyinggoodsandservicesgenerallyrequiredintheoperationand maintenanceofmotorvehicles. Thesemayincludethesaleofpetroleumproductsandthesaleand servicingoftires, batteries, automotive accessories, replacement items, lubricationservices, and theperformanceofminorautomotive maintenanceandrepair. Bothusesareallowedasconditional usesintheB-2andB-3zones, howeveronly “motorfuel stations” areallowedbyintheB-4andIndustrialzones. Basedonfeedbackfromthesurveys completedaspartoftheRedevelopmentPlan, theareaneedsadditionalsupportservicesforthe existingworkforce. Bynotallowingforaconveniencestoreoption, astand-alongmotorfuel stationdoesnotaddressthedemonstrated needforadditionalservices. Section 4 Title12-1G-3containsaccessoryuses. 1.Eliminatethefollowinguses: Guesthousesownedandoperatedinconjunction withapermittedorprincipaluse Residential structuresandrelatedresidentialusesnecessaryforsecurityandsafetyreasons inrelationtoaprincipaluse. Section 5 Title12-1B-2containsdefinitions. 1.Eliminate “tradeschool” definition. AsinSection2, theexistingdefinitionwouldessentially beincludedwithintheapplicable permittedusecategory. 2.Revisetheexisting “commercialrecreation” definitiontolimitcertainusesallowedbyconditional usepermit. OPTION2 Uponrecommendation bytheCommission, staffreviewedsampleordinancesfromsurroundingsuburban communitiestodetermine additionaloptionsforclassifyingindustrialdistrictuses. TheIndustrialDistrict inMendotaHeights isuniquewhencomparedtoothercommunitiesduetoitsdiversityofallowedusesand nodifferentiation betweenheavyandlightindustrialuses. 2/23/16PlanningCommissionPacket - Page16 Section 1 Title12-1G-1-Acontainspermitteduses. Theexistinglistofpermittedmanufacturing usesisoutdatedand couldbesimplifiedtoaccomplishasimilarintent. 1.Eliminatetheexistinglistofpermittedmanufacturinguses. 2.Add “manufacturing, whenconductedwithinacompletelyenclosedbuilding.” Title12-1B-2defines “manufacturing” asfollows: MANUFACTURING: Alluseswhich includethecompounding, processing, packaging, treatment, orassembly ofproducts andmaterials, providedsuchusewillnotgenerate objectionable influences thatextend beyondthelotonwhichtheuse islocated. Aswritten, aproposed usethathas “objectionable influences” onsurrounding properties isnot permitted. 3.Reclassify “automobile repair, majoror minor, when conducted completelywithinanenclosed building” asapermitted use. 4.Reclassify “bus terminals and maintenance garages” asapermitted use. 5.Add “municipalbuildingsandstructures” toaddresstheexistingpublicworksgarage. 6.Eliminate “tradeschools” andincorporate theexistingtradeschooldefinition intotheusecategory inorder torecognize allpost-secondary education optionswithout using theoutdatedterm. 7.Add “distribution” tothe existing “warehousing” use, inordertorecognizethatthe usesare often co-dependent oneach other. 8.Eliminate “watersofteningunits,” since itiscovered under theproposed “manufacturing” use. 9.Movethefollowingpermittednonmanufacturingusesintonewpermittedusesection: Businessand professional offices. Landscaping andbuildingdesignandconstruction. Railroadspursand sidings. Scientific research, investigation, testingandexperimentation, includinglaboratories. Section 2 1.Eliminate12-1G-1-B, asitisincorporated into12-1G-1-Aabove. Section3 (seeOption1, Section3 forrationale) Title12-1G-2contains conditional uses. 1.Eliminatethefollowing uses: Adultdaycare Athletics, participative Tradeschools, colleges, anduniversitieswith accessory housing forthestudentsofthe school only 2/23/16PlanningCommissionPacket - Page17 2.Add “Commercial recreation, whenconductedwithinacompletely enclosedbuilding” asa conditionaluse. 3.Revise “massagetherapy” usetoeliminatethereferenceto “trade school,” whichisproposed tobe eliminatedfromtheCode. 4.Add “motorfuelstationconveniencestores” totheexistingusecategory. Section4 (sameasOption1, Section4) Title12-1G-3containsaccessoryuses. 1.Eliminatethefollowinguses: Guesthousesownedandoperatedinconjunction withapermittedorprincipaluse Residential structuresandrelatedresidentialusesnecessaryforsecurityandsafetyreasons inrelationtoaprincipaluse. Section5 (sameasOption1, Section5) Title12-1B-2containsdefinitions. 1.Eliminate “tradeschool” definition. 2.Revisetheexisting “commercialrecreation” definitiontolimitcertainusesallowedbyconditional usepermit. Section 6 Asproposed, mostmanufacturing useswouldstillbeallowedunderthepermittedusecategory, aslongas theyarecompliantwiththeexistingdefinition. Therefore, staffrecommends thattheIndustrial Districtbe amended toinclude “prohibiteduses.” Theproposedlistcamefromreviewingexampleordinances, but cancertainlybeexpanded. ALTERNATIVES Followingthepublichearingandfurtherdiscussion, thePlanningCommissionmayconsiderthefollowing actions: 1.RecommendapprovalofDRAFTOrdinance491, aspresentedorasamendedbytheCommission. OR 2.Recommend denialofDRAFTOrdinance491. OR 3.Tabletherequest, pendingadditionalinformationandrevisionsfromstaff. STAFFRECOMMENDATION StaffrecommendsthePlanningCommissiondiscusstheproposedcodeamendment concerningcertainuses intheIndustrialDistrict. IfacceptabletotheCommission, actioncanbetakenatthismonth’smeeting. Staffwouldproposetobringbackanysubstantialrevisionsforreviewandfurther discussionatafuture meetingpriortomakingarecommendation totheCityCouncil. 2/23/16PlanningCommissionPacket - Page18 MATERIALSINCLUDEDFORREVIEW 1.DRAFTOrdinance491 (2options) 2.CityCodeTitle12, Chapter1, ArticleG – IndustrialDistrict 3.IndustrialDistrictUseTable 4.Planningapplication, includingsupportingmaterials 2/23/16PlanningCommissionPacket - Page19 1 CITYOFMENDOTAHEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 ORDINANCENO. 491 4 5 OPTION1 6 7 ANORDINANCE AMENDINGTITLE 12, CHAPTER1, ARTICLESB ANDGOFTHECITY 8 CODEOFTHECITYOFMENDOTA HEIGHTS, MINNESOTA, DAKOTACOUNTY, 9 CONCERNINGDEFINTIONSANDUSESINTHEINDUSTRIAL DISTRICT 10 11 12 TheCityCounciloftheCityofMendotaHeights, Minnesota, doesherebyordain: 13 14 Section 1. 15 16 Title12-1G-1-Aisherebyamendedasfollows: 17 18 WithinanyIindustrial district, nostructureorlandshallbeusedexceptfortheconductingofaprocess, 19 fabrication, storage, manufacturing orwholesalingofoneormoreofthefollowinguses: 20 21 Automobilerepair, majororminor, painting, upholstering, tirerecappingandmajorrepairwhen 22 conductedwithinacompletely enclosed building. 23 24 Batteries. 25 26 Laundries. 27 28 Metalpolishingandplating. 29 30 Paperproductsfrompreviouslyprocessedpaper. 31 32 Rubberandsyntheticrubberproducts. 33 34 Sheetmetalwork, ornamentaliron, welding, andstamping. 35 36 Section2. 37 38 Title12-1G-1-Bisherebyamendedasfollows: 39 40 Thefollowing nonmanufacturinguses: 41 42 Municipalbuildingsandstructures. 43 44 TradeschoolsandcColleges, oruniversities, orpost-secondary, skill-basededucationalinstitutions which 45 offerprogramsthatissuecertificates, degrees, orcertifiedtrainingtofulland/orpart-timestudents. 46 withoutaccessoryhousing. 47 48 Warehousing anddistribution. 49 50 Section32. 51 52 Title12-1G-2ishereby amendedasfollows: 2/23/16PlanningCommissionPacket - Page20 53 54 WithintheIindustrialdistrict, nostructureorlandshallbeusedforthefollowingusesexceptby 55 conditionalusepermit: 56 57 A.Conductingofaprocess, fabrication, storage, manufacturingorwholesaling ofoneormoreofthe 58 followinguses: 59 60 Batteries. 61 62 Laundries. 63 64 Metalpolishingandplating. 65 66 Paperproductsfrompreviouslyprocessedpaper. 67 68 Rubberandsyntheticrubberproducts. 69 70 Sheetmetalwork, ornamentaliron, welding, andstamping. 71 72 B.Thefollowingnon-manufacturing uses: 73 74 Adultdaycare, provided thattheproposedfacilitymeetsthefollowingconditions: 75 A. Clientsarebroughttothesiteprimarilythroughtheuseofgrouptransportation, suchasvans 76 orbuses. 77 B. Aseparateexteriorentranceisavailabletothefacilityforclientsandstaff. 78 C. Thefacilitywillrequireparkingspaceataratenogreaterthanthatofanofficetenantforstaff, 79 clients, andvisitors. 80 D. Iflocatedinamulti-tenantbuilding, thedaycarefacilityisfoundtobecompatiblewiththe 81 otherusesthatareallowedonthepropertyundertheapplicable zoningregulations. 82 E. Outdooractivitiesonoraroundthepropertyinquestion, ifpartoftheprogram, areaccessible 83 viaadequatepedestrian facilitiessuchassidewalksortrails. 84 F. ThedaycarefacilityisproperlylicensedbythestateofMinnesotaunderapplicablestatutory 85 requirements forclientsageseighteen (18) andover. 86 87 Athletics, participative. 88 89 Commercial recreation, whenconductedwithinacompletelyenclosedbuilding. 90 91 Massagetherapyservicestothegeneralpublicforpurposesofateachingprogramaccreditedbythe 92 NationalCertificationBoardForTherapeutic MassageAndBodyworkandtheAccrediting Commission 93 OfCareerSchoolsAndCollegesOfTechnology asanaccessoryusetotradeschools, colleges, and 94 universities, andpermittedpost-secondaryinstitutions inwhichnofeeischargedfortheservices. 95 96 Motorfuelstationsandmotorfuelstationconveniencestoressubject totherequirements ofsection12- 97 1D-13-3ofthischapter. 98 99 Tradeschools, colleges, anduniversities withaccessoryhousingforthestudentsoftheschoolonly. 100 101 Section43. 102 103 Title12-1G-3ishereby amendedasfollows: 104 Ord. 491 – OPTION1 – 02.23.16DRAFTforPlanningCommissionReview Page2of3 2/23/16PlanningCommissionPacket - Page21 105 WithintheIdistrict, thefollowingusesshallbepermittedaccessoryuses: 106 107 Guesthousesownedandoperatedinconjunctionwithapermittedorprincipaluse. 108 109 Residentialstructuresandrelatedresidentialusesnecessaryforsecurityandsafetyreasonsinrelationtoa 110 principaluse. 111 112 Section54. 113 Title12-1B-2ishereby amendedasfollows: 114 115 TRADESCHOOL: Apostsecondary, skillbasededucationalinstitutionwhichoffersprograms thatissue 116 certificates, degrees, orcertifiedtrainingtofulland/orparttimestudentssuchasthoseintechnical, 117 mechanical, servicesandcomputingfields. 118 119 RECREATION, COMMERCIAL: Recreationalinstructionuses, includingBowlingalley, carttrack, 120 jump/trampolinecenter, golfrange/simulator, fitnesscenter, poolhall, vehicleracing oramusement, 121 dancehall, skating, tavern, theater, firearmsrange, recreational instruction (suchasmartialartsschools, 122 danceschools,etc.)andsimilaruses. 123 124 Section 6. 125 126 ThisOrdinance shallbeineffectfromandafterthedateofitspassageandpublication. 127 128 AdoptedandordainedintoanOrdinance thisXXXdayofMonth, 2016. 129 130 CITYCOUNCIL 131 CITYOFMENDOTAHEIGHTS 132 133 134 135 SandraKrebsbach, Mayor 136 ATTEST 137 138 139___________________________ 140 LorriSmith, CityClerk Ord. 491 – OPTION1 – 02.23.16DRAFTforPlanningCommissionReview Page3of3 2/23/16PlanningCommissionPacket - Page22 1 CITYOFMENDOTAHEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 ORDINANCENO. 491 4 5 OPTION 2 6 7 ANORDINANCE AMENDING TITLE12, CHAPTER 1, ARTICLES BANDGOFTHECITY 8 CODEOFTHECITYOFMENDOTA HEIGHTS, MINNESOTA, DAKOTACOUNTY, 9 CONCERNINGDEFINITIONSANDUSESINTHEINDUSTRIALDISTRICT 10 11 12 TheCityCouncil oftheCityofMendotaHeights, Minnesota, doesherebyordain: 13 14 Section1. 15 16 Title12-1G-1-Aishereby amendedas follows: 17 18 WithinanyIindustrial district, nostructureorlandshall beusedexceptfortheconductingofaprocess, 19 fabrication, storage, manufacturing orwholesaling ofone ormore ofthefollowing uses: 20 21 Aeronauticandautomotivetestingequipment. 22 Apparel. 23 Appliances. 24 Artificiallimbs. 25 Automobilepainting, upholstering, tirerecapping andmajorrepairwhenconducted withinacompletely 26 enclosedbuilding. 27 Bakery goods. 28 Batteries. 29 Boats. 30 Busterminalsandmaintenancegarage. 31 Cabinet shops. 32 Cameraandphotographicsupplies. 33 Canvas products. 34 Ceramicproductsusingkilnsfiredonlybyelectricityorgas. 35 Cigarettes andtobaccoproducts. 36 Clocks, watches andjewelry. 37 Corkandcorkproducts. 38 Drugs, cosmetics, pharmaceuticalsandtoiletries. 39 Electricmotors, generators, transformersandotherelectriccomponents. 40 Electronic products. 41 Engravingandprinting. 42 Furniture. 43 Heating, washing, cooling, drying, cleaning appliances. 44 Ice, coldstorage plants, bottlingworks. 45 Laundries. 46 Machine shops. 47 Metalpolishingandplating. 48 Monumentworks. 49 Musicalinstruments. 50 Office equipment. 51 Paintmanufacturing. 52 2/23/16PlanningCommissionPacket - Page23 53 Paperproductsfrompreviouslyprocessedpaper. 54 Researchlaboratories. 55 Rubberandsyntheticrubberproducts. 56 Sheetmetalwork, ornamentaliron, welding, andstamping. 57 Shoes, boots, footwear. 58 Sportingequipment. 59 Television, radio. 60 Tools, hardwareandsmallmetalproducts. 61 Videoequipment. 62 63 12-1G-1: PERMITTEDUSES 64 65 WithinanyIindustrialdistrict, nostructureorlandshallbeusedexceptforthefollowinguses: 66 67 Automobilerepair, majororminor, whenconducted completelywithinanenclosedbuilding. 68 69 Busterminalsandmaintenance garages. 70 71 Businessandprofessional offices. 72 73 Landscapingandbuildingdesignandconstruction. 74 75 Manufacturing, whenconductedwithinacompletelyenclosedbuilding. 76 77 Municipalbuildingsandstructures. 78 79 Railroadspursandsidings. 80 81 Scientificresearch, investigation, testingandexperimentation, includinglaboratories. 82 83 TradeschoolsandcColleges, oruniversities, orpost-secondary, skill-basededucationalinstitutions which 84 offerprogramsthatissuecertificates, degrees, orcertifiedtrainingtofulland/orpart-timestudents. 85 withoutaccessoryhousing. 86 87 Warehousing anddistribution. 88 89 Watersofteningunits. 90 91 Section2. 92 93 Title12-1G-1-Bisherebyremoved. 94 95 Section3. 96 97 Title12-1G-2ishereby amendedasfollows: 98 99 Adultdaycare, provided thattheproposedfacilitymeetsthefollowingconditions: 100 A. Clientsarebroughttothesiteprimarilythroughtheuseofgrouptransportation, suchasvansorbuses. 101 B. Aseparateexteriorentranceisavailabletothefacilityforclientsandstaff. 102 C. Thefacilitywillrequireparkingspaceataratenogreaterthanthatofanofficetenantforstaff, clients, 103 andvisitors. Ord. 491 – OPTION2 – 02.23.16DRAFTforPlanningCommissionReview Page2of4 2/23/16PlanningCommissionPacket - Page24 104 D. Iflocatedinamulti-tenantbuilding, thedaycarefacilityisfoundtobecompatiblewiththeotheruses 105 thatareallowedonthepropertyundertheapplicablezoningregulations. 106 E. Outdooractivitiesonoraroundthepropertyinquestion, ifpartoftheprogram, areaccessiblevia 107 adequatepedestrianfacilitiessuchassidewalksortrails. 108 F. ThedaycarefacilityisproperlylicensedbythestateofMinnesotaunderapplicablestatutory 109 requirements forclientsageseighteen (18) andover. 110 111 Athletics, participative. 112 113 Commercial recreation, whenconductedwithinacompletelyenclosedbuilding. 114 115 Massagetherapyservicestothegeneralpublicforpurposesofateachingprogramaccreditedbythe 116 NationalCertificationBoardForTherapeutic MassageAndBodyworkandtheAccrediting Commission 117 OfCareerSchoolsAndColleges OfTechnologyasanaccessoryusetotradeschools, colleges, and 118 universities, andpermittedpost-secondaryinstitutions inwhichnofeeischargedfortheservices. 119 120 Motorfuelstationsandmotorfuelstationconveniencestoressubject totherequirements ofsection12- 121 1D-13-3ofthischapter. 122 123 Tradeschools, colleges, anduniversities withaccessoryhousingforthestudentsoftheschoolonly. 124 125 Section4. 126 127 Title12-1G-3ishereby amendedasfollows: 128 129 Guesthousesownedandoperatedinconjunctionwithapermittedorprincipaluse. 130 131 Residentialstructuresandrelatedresidentialusesnecessaryforsecurityandsafetyreasonsinrelationtoa 132 principaluse. 133 134 Section5. 135 Title12-1B-2ishereby amendedasfollows: 136 137 TRADESCHOOL: Apostsecondary, skillbasededucationalinstitutionwhichoffersprograms thatissue 138 certificates, degrees, orcertifiedtrainingtofulland/orparttimestudentssuchasthoseintechnical, 139 mechanical, servicesandcomputingfields. 140 141 RECREATION, COMMERCIAL: Recreationalinstructionuses, includingBowlingalley, carttrack, 142 jump/trampolinecenter, golfrange/simulator, fitnesscenterpoolhall, vehicle racingoramusement, dance 143 hall, skating, tavern, theater, firearmsrange, recreational instruction (suchasmartialartsschools, dance 144 schools,etc.) andsimilaruses. 145 146 Section6. 147 148 Title12-1G-2-2isherebyadded: 149 150 12-1G-2-2: PROHIBITED USES: 151 152 WithintheIindustrialdistrict, nostructureorlandshallbeusedforthefollowinguses: 153 154 Acidmanufacturing. 155 Asphaltplants, asaprincipaluse. Ord. 491 – OPTION2 – 02.23.16DRAFTforPlanningCommissionReview Page3of4 2/23/16PlanningCommissionPacket - Page25 156 Creosotetreatmentormanufacture. 157 Junkyards. 158 Landfills. 159 Manufacturing ofhazardouschemicals, asaprincipaluse. 160 Miningofanytype. 161 Petroleumrefineries. 162 Permanentortemporarystorageofhazardouswaste, asaprincipal use. 163 Personalself-storagefacility. 164 Sludgedisposal. 165 Use, storage, ormanufactureoffirearmammunition. 166 167 Section7. 168 169 ThisOrdinance shallbeineffectfromandafterthedateofitspassageandpublication. 170 171 AdoptedandordainedintoanOrdinance thisXXXdayofMonth, 2016. 172 173 CITYCOUNCIL 174 CITYOFMENDOTAHEIGHTS 175 176 177 178 SandraKrebsbach, Mayor 179 ATTEST 180 181 182___________________________ 183 LorriSmith, CityClerk Ord. 491 – OPTION2 – 02.23.16DRAFTforPlanningCommissionReview Page4of4 February 23, 2016 Mendota Heights Planning Commission Meeting Page 1 PLANNING CASE #2016-04 City of Mendota Heights Proposed City Code Amendments concerning Industrial Zoning District uses Chair Field noted that this DRAFT Ordinance 491 discussion and review is a continuation from the previous Planning Commission meeting and that the public hearing is still open. City Planner Nolan Wall explained that this item was tabled at the last meeting to address feedback and ideas from the Commission and to bring back additional revisions for further discussion. Items included in the staff report proposed two different options dealing specifically with the existing permitted uses allowed within the Industrial District. Planner Wall summarized each of the sections and included an updated table of uses list. He shared a diagram that goes through each of the proposed options for discussion by the Commission. Commissioners asked questions and/or had discussions regarding "and similar uses” in the proposed “commercial recreation” definition being a catch -all phrase and could that potentially open this up for unintended uses; adding “sports training facilities” to the list of proposed commercial recreational uses; the list of permitted uses versus conditional uses and prohibited uses; “municipal” use versus “governmental” use; and the rationale for eliminating “use, storage, and manufacturing of firearm ammunition” and adding language to include fireworks and other explosives. Once it was established that the Commission was leaning towards Option Two, Planner Wall summarized the changes he had heard thus far. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO RECOMMEND APPROVAL OF PLANNING CASE 2016-04, DRAFT ORDINANCE 491, OPTION TWO AS DISCUSSED AND WITH THE AMENDMENTS PROPOSED AYES: 5 NAYS: 0 ABSENT: 2 Chair Field asked Planner Wall to send the Commissioners a clean copy of DRAFT Ordinance 491 with the revisions discussed this evening for administrative review. Chair Field advised the City Council would consider this application at its March 3, 2016 meeting. COMMISSIONER COSTELLO MOVED, SECONDED THE COMMISSIONER PETSCHEL, TO CLOSE THE PUBLIC HEARING AYES: 5 NAYS: 0 ABSENT: 2 Request for City Council Action MEETING DATE: March 3, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Ordinance 491 Adopting Proposed Code Amendments Concerning Definitions and Industrial District Uses COMMENT: Introduction The City is considering amendments to various sections ofTitle 12, Chapter 1, Articles B and G of the City Code concerning definitions and industrial district uses. Background The Industrial District Redevelopment Plan’s implementation strategy was discussed at the January 4 City Council goal setting workshop. Subsequently, staff was directed to proceed with proposing potential revisions or additions to the uses allowed in the Industrial District. The attached staff reports include various options considered by the Planning Commission. The attached DRAFT Ordinance incorporates the Commission’s comments. The Planning Commission conducted public hearings at the January 26 and February 23 meetings; there were no public comments. As proposed, DRAFT Ordinance 491 includes the following recommended amendments and rationale: Section 1: Title 12-1G-1-A contains permitted uses under the following guidelines: Within any I industrial district, no structure or land shall be used except for the conducting of a process, fabrication, storage, manufacturing or wholesaling of one or more of the following uses… 1. Eliminate the existing list of permitted manufacturing uses. The existing listof permitted manufacturing uses is outdated and could be simplified to accomplish a similar intent. 2. Add “manufacturing, when conducted within a completely enclosed building” as a permitted use. Title 12-1B-2 defines “manufacturing” as follows and does not permit a use that has “objectionable influences” on surrounding properties: MANUFACTURING: All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials, provided such use will not generate objectionable influences that extend beyond the lot on which the use is located. page 164 3. Revise the existing permitted “auto repair” use to include both major and minor uses, and reclassify as a permitted use, under the following existing definitions: AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, and major painting service. AUTOMOBILE REPAIR, MINOR: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of a three-quarter 3/ 4) ton rating. Based on the existing definitions, it is likely that any “major automobile repair” use would also be completing “minor repairs.” 4. Reclassify “bus terminals and maintenance garages” as a permitted use. 5. Add “governmental buildings and structures” as a permitted use to address the existing public works garage. 6. Eliminate “trade schools” as a conditional use and incorporate the existing trade school definition into the use category in order to recognize all post-secondary education options without using the outdated term. 7. Add “distribution” to the existing permitted “warehousing” use, in order to recognize that the uses are often co-dependent on each other. 8. Eliminate “water softening units” as a permitted nonmanufacturing use since it is covered under the proposed permitted “manufacturing” use. 9. Move the following permitted nonmanufacturing uses into a new permitted use section: a. Business and professional offices. b. Landscaping and building design and construction. c. Railroad spurs and sidings. d. Scientific research, investigation, testing and experimentation, including laboratories. Section 2: Eliminate section 12-1G-1-B concerning permitted nonmanufacturing uses, as it is incorporated into section 12-1G-1-A above. Section 3: Title 12-1G-2 contains conditional uses. 1. Eliminate the following conditional uses: Adult daycare Athletics, participative, which is incorporated into #2 below. Trade schools, colleges, and universities with accessory housing for the students of the school only 2. Add “Commercial recreation, when conducted within a completely enclosed building” as a conditional use. page 165 The intent is to allow for additional uses that may be able to utilize existing vacant warehouse space and/or repurpose a building to meet their needs. There has been interest in trampoline and gymnastics uses in the past within the Industrial District. Section 5 includes a proposed revised definition to specify qualifying uses. 3. Reclassify the following manufacturing uses from “permitted” to “conditional” uses: Batteries Laundries Metal polishing and plating Paper products from previously processed paper Rubber and synthetic rubber products Sheet metal work, ornamental iron, welding, and stamping 4. Revise “massage therapy” conditional use to eliminate the reference to “trade school,” which is proposed to be eliminated from the Code. 5. Add “motor fuel station convenience stores” to the existing conditional use category. Currently, the Code contains separate definitions for “motor fuel convenience store” and “motor fuel station”: MOTOR FUEL CONVENIENCE STORE: A store operated in conjunction with a motor fuel station or truck stop for the purpose of offering for sale goods not essential for the operation of motor vehicles. MOTOR FUEL STATION: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include the sale of petroleum products and the sale and servicing of tires, batteries, automotive accessories, replacement items, lubrication services, and the performance of minor automotive maintenance and repair. Both uses are allowed as conditional uses in the B-2 and B-3 zones, however only “motor fuel stations” are allowed by in the B-4 and Industrial zones. Based on feedback from the surveys completed as part of the Redevelopment Plan, the area needs additional support services for the existing workforce. By not allowing for a convenience store option, a stand-alone motor fuel station does not address the demonstrated need for additional services. Section 4: Title 12-1G-3 contains accessory uses. Eliminate the following accessory uses: 1. Guesthouses owned and operated in conjunction with a permitted or principal use 2. Residential structures and related residential uses necessary for security and safety reasons in relation to a principal use. Section 5: Title 12-1B-2 contains definitions. 1. Eliminate “trade school” definition. As in Section 2, the existing definition would essentially be included within the applicable permitted use category. page 166 2. Revise the existing “commercial recreation” definition to limit certain uses allowed by conditional use permit. Section 6: Title 12-1G-2-2 is established. As proposed, most manufacturing uses would still be allowed under the proposed permitted use category, as long as they are compliant with the existing definition. Therefore, staff recommends that the Industrial District be amended to include “prohibited uses.” The proposed list came from reviewing example ordinances, but can certainly be expanded. Discussion The City is using its legislative authority when considering action on a code amendment request and has broad discretion; the only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. The proposed amendments are limited to the existing permitted, conditional, and accessory uses. Potential amendments to the additional standards could be considered as part of a different amendment process. Budget Impact N/A Recommendation The Planning Commission recommended approval of DRAFT Ordinance 491, as described in Planning Case 2016-04. If the City Council desires to implement the recommendation, pass a motion adopting ORDINANCE 491 CONCERNING DEFINITIONS AND USES IN THE INDUSTRIAL DISTRICT. Action Required This matter requires a simple majority vote. page 167 CITY OF MENDOTA HEIGHTS1 DAKOTA COUNTY, MINNESOTA2 3 ORDINANCE NO. 4914 5 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLES B AND G OF THE CITY6 CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, 7 CONCERNING DEFINITIONS AND USES IN THE INDUSTRIAL DISTRICT8 9 10 The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 11 12 Section 1. 13 14 Title 12-1G-1-A is hereby amended as follows: 15 16 Within any I industrial district, no structure or land shall be used except for the conducting of a process, 17 fabrication, storage, manufacturing or wholesaling of one or more of the following uses: 18 19 Aeronautic and automotive testing equipment. 20 Apparel. 21 Appliances. 22 Artificial limbs. 23 Automobile painting, upholstering, tire recapping and major repair when conducted within a completely24 enclosed building. 25 Bakery goods. 26 Batteries. 27 Boats. 28 Bus terminals and maintenance garage. 29 Cabinet shops. 30 Camera and photographic supplies. 31 Canvas products. 32 Ceramic products using kilns fired only by electricity or gas. 33 Cigarettes and tobacco products. 34 Clocks, watches and jewelry. 35 Cork and cork products. 36 Drugs, cosmetics, pharmaceuticals and toiletries. 37 Electric motors, generators, transformers and other electric components. 38 Electronic products. 39 Engraving and printing. 40 Furniture. 41 Heating, washing, cooling, drying, cleaning appliances. 42 Ice, cold storage plants, bottling works. 43 Laundries. 44 Machine shops. 45 Metal polishing and plating. 46 Monument works. 47 Musical instruments. 48 Office equipment. 49 Paint manufacturing. 50 Paper products from previously processed paper. 51 Research laboratories. 52 page 168 Ord. 491 – 02.23.16 DRAFT for City Council Review Page 2 of 4 Rubber and synthetic rubber products. 53 Sheet metal work, ornamental iron, welding, and stamping. 54 Shoes, boots, footwear. 55 Sporting equipment. 56 Television, radio. 57 Tools, hardware and small metal products. 58 Video equipment. 59 60 12-1G-1: PERMITTED USES61 62 Within any I industrial district, no structure or land shall be used except for the following uses: 63 64 Automobile repair, major or minor, when conducted completely within an enclosed building. 65 66 Bus terminals and maintenance garages. 67 68 Business and professional offices. 69 70 Landscaping and building design and construction. 71 72 Manufacturing, when conducted within a completely enclosed building, excluding the manufacturing uses73 in section 12-1G-2 and prohibited uses in section 12-1G-2-2. 74 75 Governmental buildings and structures. 76 77 Railroad spurs and sidings. 78 79 Scientific research, investigation, testing and experimentation, including laboratories. 80 81 Trade schools and cColleges, or universities, or post-secondary, skill-based educational institutions which82 offer programs that issue certificates, degrees, or certified training to full and/or part-time students. 83 without accessory housing. 84 85 Warehousing and distribution. 86 87 Water softening units. 88 89 Section 2. 90 91 Title 12-1G-1-B is hereby removed. 92 93 Section 3. 94 95 Title 12-1G-2 is hereby amended as follows: 96 97 Adult daycare, provided that the proposed facility meets the following conditions: 98 A. Clients are brought to the site primarily through the use of group transportation, such as vans99 or buses. 100 B. A separate exterior entrance is available to the facility for clients and staff. 101 C. The facility will require parking space at a rate no greater than that of an office tenant for staff, 102 clients, and visitors. 103 page 169 Ord. 491 – 02.23.16 DRAFT for City Council Review Page 3 of 4 D. If located in a multi-tenant building, the daycare facility is found to be compatible with the104 other uses that are allowed on the property under the applicable zoning regulations. 105 E. Outdoor activities on or around the property in question, if part of the program, are accessible106 via adequate pedestrian facilities such as sidewalks or trails. 107 F. The daycare facility is properly licensed by the state of Minnesota under applicable statutory108 requirements for clients ages eighteen (18) and over. 109 110 Athletics, participative. 111 112 Commercial recreation, when conducted within a completely enclosed building. 113 114 Manufacturing, when conducted within a completely enclosed building, of one or more of the following115 uses: 116 A. Batteries. 117 B. Laundries. 118 C. Metal polishing and plating. 119 D. Paper products form previously processed paper. 120 E. Rubber and synthetic rubber products. 121 F. Sheet metal work, ornamental iron, welding, stamping. 122 123 Massage therapy services to the general public for purposes of a teaching program accredited by the124 National Certification Board For Therapeutic Massage And Bodywork and the Accrediting Commission125 Of Career Schools And Colleges Of Technology as an accessory use to trade schools, colleges, and126 universities, and permitted post-secondary institutions in which no fee is charged for the services. 127 128 Motor fuel stations and motor fuel station convenience stores subject to the requirements of section 12-129 1D-13-3 of this chapter. 130 131 Trade schools, colleges, and universities with accessory housing for the students of the school only. 132 133 Section 4. 134 135 Title 12-1G-3 is hereby amended as follows: 136 137 Guesthouses owned and operated in conjunction with a permitted or principal use. 138 139 Residential structures and related residential uses necessary for security and safety reasons in relation to a140 principal use. 141 142 Section 5. 143 Title 12-1B-2 is hereby amended as follows: 144 145 TRADE SCHOOL: A postsecondary, skill based educational institution which offers programs that issue146 certificates, degrees, or certified training to full and/or part time students such as those in technical, 147 mechanical, services and computing fields. 148 149 RECREATION, COMMERCIAL: Recreational instruction and participative athletic uses, including150 Bowling alley, cart track, jump/trampoline center, golf range/simulator, fitness center, sports training151 facilities, pool hall, vehicle racing or amusement, dance hall, skating, tavern, theater, firearms range, 152 recreational instruction (such as martial arts schools, dance schools, etc.) and similar uses. 153 154 155 page 170 Ord. 491 – 02.23.16 DRAFT for City Council Review Page 4 of 4 Section 6. 156 157 Title 12-1G-2-2 is hereby added: 158 159 12-1G-2-2: PROHIBITED USES: 160 161 Within the I industrial district, no structure or land shall be used for one or more of the following uses: 162 163 Acid manufacturing. 164 Asphalt plants, as a principal use. 165 Creosote treatment or manufacture. 166 Junkyards. 167 Landfills. 168 Manufacturing of hazardous chemicals, as a principal use. 169 Mining of any type. 170 Petroleum refineries. 171 Permanent or temporary storage of hazardous waste, as a principal use. 172 Personal self-storage facility. 173 Sludge disposal. 174 Use, storage, or manufacture of firearm ammunition, explosives, or fireworks. 175 176 Section 7. 177 178 This Ordinance shall be in effect from and after the date of its passage and publication. 179 180 Adopted and ordained into an Ordinance this XXX day of Month, 2016. 181 182 CITY COUNCIL183 CITY OF MENDOTA HEIGHTS184 185 186 187 Sandra Krebsbach, Mayor188 ATTEST189 190 191 192 Lorri Smith, City Clerk193 page 171 March 3, 2016 Mendota Heights City Council A) ORDINANCE 491, CONCERNING DEFINITIONS AND INDUSTRIAL DISTRICT USES, PLANNING CASE 2016-04 Planner Wall explained the proposed amendments to Title 12, Chapter 1, Articles B and G of the City Code concerning definitions and industrial district uses. The City finalized the Industrial District Redevelopment Plan and is proceeding with implementing several recommendations that were included in that plan. The Planning Commission held a public hearing at their meeting in January and again in February. Their proposed recommendations were encompassed in the draft ordinance being presented. Planner Wall reviewed each section of the proposed ordinance and received suggestions and comments from Councilmembers. Under Title 12-1G-1-A: Permitted Uses, Mayor Krebsbach stated she opposes adding “governmental buildings and structures” as a permitted use to address the existing public works garage. She recommended using “municipal buildings and structures”. Councilmember Petschel concurred. Mayor Krebsbach stated she opposes the change proposed for the “trade schools, colleges, and universities permitted use” and would like to see it designated as a conditional use or not allowed in the Industrial District. Councilmember Petschel stated she would like to leave schools as stated in the proposed ordinance. Councilmember Norton stated the issue of allowing or not allowing schools in the Industrial District is a topic that should be discussed at a Council workshop. Mayor Krebsbach recommended removing the paragraph related to Massage Therapy Services for purposes of a teaching program as a conditional use, since there is no need to call out a specific program. Councilmembers Norton and Petschel recommended discussing the school use issue at a workshop meeting. Councilmember Petschel inquired about a fast food restaurant being incorporated inside a motor fuel station convenience store. Planner Wall stated it would potentially be allowed if it is incorporated inside a convenience store. Councilmember Duggan moved to adopt ORDINANCE 491 CONCERNING DEFINITIONS AND USES IN THE INDUSTRIAL DISTRICT with three minor non-substantive changes as discussed. Councilmember Norton seconded the motion. Ayes: 3 Nays: 1 (Krebsbach) Absent: 1 (Povolny) Metro Self Storage – Mendota Heights, Minnesota  An important indicator for calculating existing demand and predicting future demand for self‐storage  product in various submarkets is to utilize the supply ratio.  The supply ratio is calculated by taking all  rentable square footage (“RSF”) within the market (typically, a 3 mile radius surrounding the subject  property is used) and dividing it by the total population in that same trade area.  In the trade area  surrounding Metro’s proposed subject property, there are three self‐storage competitors within a 3 mile  radius:   1. Acorn Mini Storage   2935 Lexington Ave S., Saint Paul, MN 55121  2. Beyond Self Storage   3100 Courthouse Lane, Eagan, MN 55121  3. Town Centre Self Storage   3495 Denmark Ave, Eagan, MN 55123  In total, these three facilities offer approximately 216,590 RSF to the marketplace. Given that the total  population is 35,826 in the same trade area, the existing supply ratio is 6.0 RSF / Person:    (216,590 RSF / 35,826 People) = 6.0 RSF / Person  This is a useful formula for calculating demand in the trade area as that specific market is currently  constructed.  However, when proposing to develop a new facility in a market, it is also important to  quantify how the market will be impacted by additional self‐storage product offered from the new facility.   Since Metro’s proposed project would feature approximately 80,000 RSF, the proposed supply ratio would  be 8.3 RSF / Person:   (296,590 RSF / 35,826 People) = 8.3 RSF / Person  To offer some perspective, Metro typically views a supply ratio anywhere in the 6‐10 RSF range as the  “sweet spot” for a high‐end, suburban market such as Mendota Heights.  Both the pre‐ and post‐ Metro  project supply ratios indicate that the market is undersupplied.  Therefore, given the strong physical  occupancies of the existing stabilized self‐storage operators in the trade area (approximately 90‐95%) and  the very healthy supply ratios (both excluding and including the proposed subject facility), Metro is  confident that the market will adequately absorb this additional Class‐A self‐storage product.  In addition to these factors, the average household income in the surrounding market is very strong at  $110,000‐120,000,  which  will  lead  to  a  customer  base  that  will utilize  the  storage  facility  products  (premium climate controlled and merchandise).   Planning Report MEETING DATE: January 22, 2019 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2019-01 Zoning Code Amendment – Personal Self-Storage Facility Uses in the I-Industrial Zone APPLICANT: Metro Storage LLC PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: February 25, 2019 INTRODUCTION The City of Mendota Heights is asked to consider an amendment to City Code Title 12-1G-1, which would allow “personal self-storage facility” uses as either a permitted use or conditional use in the I-Industrial district. The applicant is Metro Storage LLC (Lake Forest, IL). Metro Storage is seeking the opportunity to place a new 80,000 sq. ft., indoor only, self-storage facility in the community. This item (request) was originally introduced at the November 27, 2018 regular meeting, whereby the applicant’s representatives asked the Planning Commission to provide preliminary feedback and comments on whether or not such use (indoor self-storage) would be given favorable consideration. The excerpt minutes from the 11/27/18 meeting are appended to this report for the Commissioner’s review. This item is being presented under a public hearing process. A notice of hearing on this item was published in the local Pioneer Press newspaper. ANALYSIS City Code does not identify or provide any allowance for a self–storage facility or use in any of the business districts (B-1, B-2, B-3 and B-4), nor the I-Industrial zone. Moreover, Section 12-1G-2-2 provides a list of prohibited uses within the Industrial zone, and “Personal self-storage facility” is noted as one of these uses. Zoning Code Sect. 12-1G-1 does allow warehousing as a permitted use in the Industrial zone; with warehousing defined as follows: “WAREHOUSING: The storage of materials or equipment within an enclosed building.” Planning Case 2019-01 Zoning Code Amend-Self-Storage Uses Page 2 of 5 In staff’s professional opinion, “warehousing” [in general] is not the same as self-storage or similar uses, and should be considered a use or activity limited to or associated with wares, goods and products services stored or distributed from a permitted use within the district. A comment made at the 11/27/18 Planning Commission meeting is noted below: “This type of use would be somewhat inconsistent with the industrial study that the city commissioned, where they did a look at what the industrial park wanted to be. It is quite clear that the city desired it to be a robust employment generator that supported the economic development aspirations of the city. This section in the Comprehensive Plan currently under discussion certainly supports that notion. A use like this, which one could suggest is rather sterile in the sense that it does not have a larger plant base or the activity that would be associated with the activity in the industrial area, would be out of character. That may have been one of the reasons why it was prohibited originally and has nothing to do with whether the storage is outside or inside.” The “industrial study” noted above is in reference to the Mendota Heights Industrial District Redevelopment Plan of 2016. As a follow-up to this comment, staff is presenting an excerpted (reduced) version of this study, including trends, which are highlighted below: Trend 1: Large warehousing facilities are needed. Trend 2: Flexibility is critical. Trend 3: Sustainability is key. Trend 4: Telecommuting and transit. Trend 5: New technology. Trend 6: Decline and reuse. The study also provide a list of recommendations, some of which are noted in the partial list below: 1) Keep the area guided and zoned for office, industrial and related uses; don’t make significant changes that would interfere with its success as a business park. 2) Explore potential revisions or additions to the uses allowed in the park by scrutinizing and revising if necessary the list of permitted and conditional uses in the zoning code. 10) Stay current on changes in the requirements of industrial and office uses generally and adjust the city’s policies and regulations as needed to respond to new developments. 11) Promote the opportunity for Industrial land use on the City-owned Bourne Lane site, and only encourage other uses if the market warrants it. 12) Continue to work cooperatively with Industrial Park owners, managers and tenants to keep the park successful. 15) Explore ways to communicate, brand, and promote the Industrial District. As was communicated by staff at the Nov. 27th meeting, there has been a number of inquiries from different real estate management groups or self-storage user groups (including the applicant) searching for a site within the City of Mendota Heights. A number of metro cities have embraced or allowed similar indoor (only) self-storage facilities within their own communities. The following table provides a list of surrounding communities that allow self-storage, warehousing or similar uses/activities: Planning Case 2019-01 Zoning Code Amend-Self-Storage Uses Page 3 of 5 METRO-NEIGHBORING COMMUNITIES - COMPARISON MATRIX CITY USE or ACTIVITY PERMITTED or CONDITIONAL USE ZONING Eagan Storage facilities w/n Enclosed Building Permitted G-B General Bus. Dist. West St. Paul Warehousing (enclosed building) Permitted I-1 and I-2 Zones South St. Paul Warehousing (enclosed building) Permitted CUP I-Ind. Dist. Exterior storage w/ permitted warehouse use Inver Grove Heights Self-Storage (mini-storage) CUP B-3 Gen. Business I-1 Limited Industry Burnsville Mini-Storage Uses Permitted B-4 Highway Comm. I-3 Office-Industrial Park Warehousing (enclosed building) Permitted Gateway Ind. Heavy; Gateway Ind. Medium Blaine Mini-Storage w/o Outdoor Storage CUP B-2 Community Comm. B-3 Regional Comm.; I-1 Light Industrial I-2 Heavy Industrial Brooklyn Center Warehousing and Storage (inside) Special Use Permit I-1 Industrial Park Brooklyn Park Self-Storage facility CUP B-3; B-4; I-Industrial Cottage Grove Self-Storage Facility CUP B-2 Retail Bus.; B-3 Gen. Bus.; P-B Planned Business Park St. Louis Park Warehousing and Storage Permitted CUP Ind. Park Dist.; Gen Industrial Dist. Business Park Dist. Apple Valley Self-Storage Facility w/n Enclosed Building Permitted GB-General Business Woodbury Self-storage Use CUP BC-Business Campus Dist. Of all the communities listed, only one (Cottage Grove) offered the following or added conditions as part of any self-storage facility use: Planning Case 2019-01 Zoning Code Amend-Self-Storage Uses Page 4 of 5 Self-storage facilities [Cottage Grove] are subject to the following conditions: A. Shall not allow maintenance of any vehicles on site, except for minor maintenance such as tire inflation, adding oil, wiper replacement, and battery replacement. B. Shall have a security system adequate to limit access to person s renting a storage site. C. Shall screen all storage, consistent with the requirements of this code. D. Shall be screened from all public right of way and residential use and/or zone, with an opaque fence, wall or berm not to exceed eight feet (8') in height, constructed of new materials (chain- link with slats is not an acceptable screening material), and maintained in good condition. E. Exterior storage is prohibited. F. Shall not be located closer than three hundred feet (300') to any residential use and/or zone. G. All drive aisles and parking surfaces are surfaced with asphalt or concrete. H. All storage space openings shall be oriented internally to the facility and shall not directly face a public street or adjoining property. I. An accessory caretaker residence may be permitted with a storage facility, provided it is only used for resident security and management purposes and the exterior building materials match those of the principal and accessory storage facility structures. J. The hours of operation of the self-service storage facility shall be restricted to between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. K. Access to the interior of the fenced area shall be available to emergency responders in a manner acceptable to the fire marshal. L. Common parking space available to all storage units shall be provided at a rate no less than one space per six thousand (6,000) square feet of storage area. (Ord. 904, 5 -16-2012 As the Commission can see, the matrix identifies a number of cities that allow indoor warehousing and self- storage uses in the commercial / business districts only, the industrial districts only; or a combination of both business/industrial zones. The matrix also shows the ratio of cities that allow storage type uses is almost 50/50 as either a permitted use vs. conditional use in the respective cities. At the Nov. 27th meeting discussion, it appears some Commissioners would consider or support such uses, but only in the I-Industrial district, and with certain or special conditions. Staff has prepared a draft ordinance for the Commission to consider, which would allow such use, along with some suggested conditions (modified from Cottage Grove’s ordinance). T he Commission may choose to add or modify these conditions accordingly. ALTERNATIVES for ACTION The Planning Commission may consider the following actions: 1. Recommend approval of the requested Zoning Code Amendment by removing “Personal self- storage facility” under City Code Section 12-1G-2-2 Prohibited Uses; and amend Section 12-1G-1 or 12-1G-2 by adding “Personal self-storage facility” as either a permitted use or conditional use in the I-Industrial district; or Planning Case 2019-01 Zoning Code Amend-Self-Storage Uses Page 5 of 5 2. Recommend denial of the requested Zoning Code Amendment to remove “Personal self-storage facility” under City Code Section 12-1G-2-2 Prohibited Uses; and make no amendments to Section 12-1G-1, with certain findings; or 3. Table the request, and direct city staff to seek and provide additional information for further consideration by the Planning Commission, and present such information at the next scheduled Planning Commission meeting. STAFF RECOMMENDATION Open the public hearing; allow for public comments; and discuss with city staff and/or the Applicant the request for zoning code amendment. Following the public hearing, it is recommended the Planning Commission consider recommending approval of the requested Zoning Code Amendment by removing “Personal self-storage facility” under City Code Section 12-1G-2-2 Prohibited Uses; and amend Section 12-1G-2 by adding “Personal self-storage facility” as a conditional use in the I-Industrial district, with certain condition as presented under the draft Ordinance No. 538, presented and attached hereto. Attachments 1) Draft Ordinance No. 538 2) 11/27/18 Planning Commission meeting minutes (excerpts) 3) MH Industrial District Redevelopment Plan of 2016 4) Proposed Self Storage Development Concept Plans and Information CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 538 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE G. INDUSTRIAL DISTRICT TO ALLOW PERSONAL SELF-STORAGE FACILITY AS A CONDITIONAL USE The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 12-1G-2: Conditional Uses is hereby amended as follows: Personal self-storage facility, provided that: A. Any and all storage shall be inside the building. Exterior storage of vehicles, trailers, and equipment is strictly prohibited. B. Maintenance and servicing of vehicles stored on site is prohibited, except for minor maintenance such as tire inflation, adding oil, wiper replacement, and battery replacement. C. The storage facility shall have a security system adequate to limit access to persons renting at the facility. D. Facility shall not be located closer than three hundred feet (300') to any residential use and/or zone. E. All drive aisles and parking surfaces must be curb and guttered, with asphalt or concrete. F. All storage space openings shall be oriented internally to the facility and shall not directly face a public highway or major collector. G. Access to the interior of the fenced area shall be available to emergency responders in a manner acceptable to the fire marshal. H. Common parking space available to all visitors shall be provided at a rate no less than one space per six thousand (6,000) square feet of storage area Section 2. Title 12-1G-2-2: Prohibited Uses is hereby amended as follows: Personal self-storage facility Section 3. This ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an ordinance this _____ day of February, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST ___________________________ Lorri Smith, City Clerk (Strikeout text indicates matter to be deleted, while underlined text indicates new matter) Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Planning Report DATE: February 26, 2019 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2019-02 Variance to Building Height Limits APPLICANT: ISD #197 – Friendly Hills Middle School PROPERTY ADDRESS: 701 Mendota Heights Road ZONING/GUIDED: R-1 One Family Residential / S-School (Institutional) ACTION DEADLINE: March 11, 2019 INTRODUCTION ISD #197 is seeking to construct a new gymnasium/performance space building addition to the rear of the Friendly Hills Middle School facility, which requires variance from the height standards set for the R-1 One Family Residential District. This legal notice of this public hearing was published in the Pioneer Press; and notice letters were mailed to all properties within 500-feet from the outer perimeters of the school boundary lines. The city received one letter of opposition, which is appended to the back of this report. No other comments or objections on this school addition project (or the variance) have been received. BACKGROUND The property is located in the R-1 One Family Residential zone, but guided for S-School (Institutional) use. The subject parcel consists of approximately 30 acres in land area, and contains a 90,000 sq. ft. school facility, with visitor/staff parking lot, bus/delivery service areas, and soccer/ball fields on the north and east sides of the campus. A large natural wooded and pond are located on the westerly edges of the site, and a smaller stand of mature trees are located near the southeast corner of the campus (see image –right). In May of 2018, the voters in ISD #197 approved a $117 million building bond for structural and mechanical maintenance upgrades at all the district’s school buildings, which included modernizing outdated classroom and education spaces, improving fine arts and athletics spaces and addressing school parking lot safety and handicapped accessibility. The school facility contains three, 2-story wings of educational space; along with a cafeteria/delivery space near the east side of the school, and a gymnasium on the north side. The property is currently accessed by two driveway openings on to Mendota Heights Road only. The westerly entrance is for bus service (drop- off/pick-up) and bus parking only, and includes a circular turn-around at the end of this bus driveway. The second entrance is located across from Lockwood Drive to the south, and provides access to the delivery area on eh east side of the building, and leads back to the main outdoor surface parking lot for staff, visitors and parent drop-offs. SITE PLAN The applicant intends to construct a 64’ x 126’, 8,064-sf. addition on the back side of the existing gymnasium, which will be used for additional interior activity and performance space for the school (see image below). The plans also include a new hard-surface play/vehicle turn around area, along with a new “soft-play” area, all on the west side of the new addition. There are no other major building additions planned for the school at this time. The proposed height of the new building addition will match the existing gym height of 31-ft., 5-inches (see elevation image – below). The R-1 Zone requires all structures to have no more than 25-feet in height. Flat-roofed structures such as these are measured at the upper-most edge of the building. As evident on the attached site plans, the school is looking to separate the bus/ truck traffic from the parent/visitor/staff traffic that enters into the school site from Mendota Heights Road. FHMS intends to shut-off the westerly bus entrance on Mendota Heights Road, and reconfigure a new access and driveway layout from the existing easterly entrance (which remains in place), and shall serve as the dedicated bus drop-off/parking and school/truck delivery entrance only. The driveway that now leads straight back to the staff/visitor parking lot will be cut-off. A new entrance to serve only the staff/visitors/parents is planned off Huber Drive to the east. FHMS intends to reconfigure the school parking lot as part of these improvements. The access drive opening will consist of a striped 3-way turning movement entrance, with one lane for entering off of Huber Drive, and a left and right turn lane for exiting traffic back out on to Huber Dr. The entrance is approximately 170-ft. south (centerline-to-centerline) of Hampshire Drive to the north; and 470-ft. from the intersection of Huber Dr. and Mendota Hts. Road to the south. As part of this new driveway, the ball field diamond that is in the way will be relocated to the south of the other ball diamond, and most of the trees in the southeast corner will be removed to make space available for the playing fields. Staff would like to point out that these new access, driveway, parking, and ball field reconfigurations do not play a part in this variance; nor should they be factored in when considering this variance request. All new driveway openings on to city roadways must be analyzed and approved by the City Public Works Director; and the City Council may be consulted or asked to decide any new changes or entry additions to roadways, and can approve/disapprove a permit if deemed appropriate. The variance is only to allow the new gym addition to exceed the 25-ft. building height limitations in the R-1 zone; and the emphasis of this report and discussion on this planning case should be focused on just the building height variance. ANALYSIS  Variance When considering variances, the City is required to consider an Applicant’s response to certain questions, and carefully weigh certain findings as they apply to these standards. As part of the variance application, Applicants are required to prepare and submit their own responses and findings, which for this case, are noted below (in italic text): 1. Is this request in harmony with the general purposes and intent of the ordinance and comprehensive plan; and are there any “practical difficulties” in connection with the variance; meaning does the property owner propose to use the property in a reasonable manner not permitted by this chapter? The height of the existing middle school gym is 31’-5”, which is the same heights at the new gym/performance addition. The height of the existing middle school at its tallest point is 35-ft. Staff’s response: The use of the property as a public school is a permitted use in the R-1 District, and its continued use as a school, even with the additional gym space, is consistent with the Comprehensive Plan and the overall Zoning Ordinance. The applicant’s desire to construct an addition to the current gym facility is reasonable. 2. Due to the nature of this variance request, is the plight of the landowner is due to circumstances unique to the property not created by the landowner? . The granting of the variance is consistent with the current circumstances unique to this existing property. These current circumstances are that the existing gym spaces are 31’-5-3/8” tall, and the tallest point of the existing school is 35-ft. Staff’s response: One of the primary reasons for this recent school bond approval, was to provide upgrades and additional space for the students that utilize these local schools, and provide effective levels of service and spaces for the students. The plight of the landowner and restrictions on building heights is due to circumstances unique to the property, as this school use is not a typical single-family use in the underlying R-1 One Family Residential District. Therefore, granting a variance may be warranted. 3. Would the variance, if granted, alter the essential character of the neighborhood? The height of the new gym/performance space is the same height as the existing gym of the existing middle school. Staff’s response: The variances, if granted, should not alter the essential character of the neighborhoods, as this school has been in place and operation for a number of years in the community, and there is a general expectation that any addition of this nature can be considered a reasonable improvement to the overall functionality, benefit and enjoyment of the school, including its students, faculty, and the community. ALTERNATIVES Following a public hearing, the Planning Commission may consider one of the following actions: 1. Recommend approval of the variance to exceed the 25-ft. maximum allowable height of strictures in the R-1 District, based on attached findings of facts for approval with certain conditions; or 2. Recommend denial of the variance to exceed the 25-ft. maximum allowable height of structures in the R-1 District, based on amended findings of facts for denial, which must be formulated by the Commission; or 3. TABLE the request; direct city staff to explore other alternatives with the Applicant and provide follow-up information; and extend the review period an additional 60-days in compliance with Minnesota State Statute. STAFF RECOMMENDATION Staff recommends approval of the variance requests, based on the attached findings of fact, with the following conditions (Alternative #1): 1. The Applicant shall obtain all necessary building permit for the new structure identified herein, including any fences or electrical permits as necessary. 2. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning Application, including Narrative 3. Gym Addition Elevation Plans 4. Site & Landscape Plans FINDINGS OF FACT FOR APPROVAL Variance Request Friendly Hills Middle School – 701 Mendota Heights Road Planning Case No. 2019-02 The following Findings of Fact are made in support of approval of the proposed variance request: 1. The scale and scope of the variance needed to justify and approve the extended height of the proposed gym addition structure are considered consistent with the spirit and intent of the City Code and Comprehensive Plan for the community, and may be approved as presented. 2. The Applicant have proven or demonstrated a practical difficulty or reasonableness in this case for granting of a variance to allow an the gym addition structure to exceed the normal maximum height of single family residential structures in the underlying R-1 Zone; and it should be noted the new gym height will match the existing gym height, and be less than the overall height of the principal (main) school facility. 3. The plight of the landowner is due to circumstances unique to the property, as this school use is not a typical single-family use in the underlying R-1 One Family Residential District, and therefore does warrant the approval or granting of said variance. 4. The variances, if granted, will not alter the essential character of the neighborhoods; since the school is and has been in place and operation for a number of years in the community, and there is a general accepted expectation that this gym addition improvement can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community. 2019-02300.00500.0001/11/201903/11/2019 2019-02ISD-197Friendly Hills MS RE-ALIGNED BUSCORRAL ENTRANCEDRIVENEW ENTRANCE DRIVEOFF HUBER DRIVEDROP OFFEXISTING LACROSSE FIELD (180' x 330')EXISTING SOCCER FIELD (180' x 340')EXISTINGSOFTBALL FIELDDROP OFFDROP OFF ONE WAYONE WAY 843.03' SETBACK396.53'SETBACK319.34'SETBACK321.36'SETBACK132.51'SETBACKSERVICE/DELIVERYPARKING/DROP-OFF(11+1 HC STALLS)NORTHPARKING LOT(119 + 5 HC STALLS)SOFT PLAYAREAHARD-SURFACEPLAY/ EMERGENCYVEHICLETURN-AROUNDPROPOSEDBUILDINGADDITIONREFER TO ARCHITECTURALPLANS FOR LAYOUT ANDDIMENSIONSREPAIRED BUSCORRAL & WALKSRELOCATEDSOFTBALL FIELD RE-ALIGNED BUSCORRAL ENTRANCEDRIVENEW ENTRANCE DRIVEOFF HUBER DRIVEDROP OFFEXISTING LACROSSE FIELD (180' x 330')EXISTING SOCCER FIELD (180' x 340')EXISTINGSOFTBALL FIELDDROP OFFDROP OFF ONE WAYONE WAY 843.03' SETBACK396.53'SETBACK319.34'SETBACK321.36'SETBACK132.51'SETBACKSERVICE/DELIVERYPARKING/DROP-OFF(11+1 HC STALLS)NORTHPARKING LOT(119 + 5 HC STALLS)SOFT PLAYAREAHARD-SURFACEPLAY/ EMERGENCYVEHICLETURN-AROUNDPROPOSEDBUILDINGADDITIONREFER TO ARCHITECTURALPLANS FOR LAYOUT ANDDIMENSIONSREPAIRED BUSCORRAL & WALKSRELOCATEDSOFTBALL FIELDProjectDateDrawn byChecked byDrawing NumberNo. DateKey PlanLSE ARCHITECTS, INC.100 Portland Ave. South, Suite 100Minneapolis, MN 55401612.343.1010 office612.3382280 faxwww.lse-architects.comThese drawings including all design, details, specificationsand information, are the sole copyright of LSE Architects,Inc. and are for use on this specific project and shall notbe used on any other work without agreement and writtenSHUPLVVLRQRI/6($UFKLWHFWV,QF‹LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERING7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129FRIENDLY HILLSMIDDLE SCHOOLNOTES:1. REFER TO SHEET C1.42- GRADING AND DRAINAGE PLAN (SOUTH) FOR GENERAL NOTES.2. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.3. SIGNAGE SHALL GENERALLY BE INSTALLED 18" BEHIND THE BACK OF CURB.4. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SODDED OR SEEDED.5. WHERE NEW SOD MEETS EXISTING TURF, EXISTING TURF EDGE SHALL BE CUT TO ALLOW FORA CONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.6. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD OR RE-SEED ALL APPLICABLE AREAS,AT NO ADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.Friendly Hills Middle School701 Mendota Heights Rd,Mendota Heights, MN 55120West St. Paul-Mendota Hts.-Eagan School District - ISD #197THE PROPERTY IS ZONED R-1 - One Family ResidentialEXISTING PARKING:135 + 5 HC STALLSPARKING REQUIREMENT:ONE (1) SPACE FOR EACH FULL-TIME EMPLOYEE (70 staff): 70 SPACES REQ'DPROPOSED PARKING COUNTS:STAFF, VISITOR, PUBLIC/ VOLUNTEER PARKING = 130 + 6 HC STALLSBUS PARKING = 14 Large/ 5 SPED/ 3 Vans NeededSITE STATISTICS:020 40LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)PROPOSED CONCRETE WALKPROPOSED REINFORCED CONCRETE SLABPROPOSED LIGHT DUTY PAVEMENTPROPOSED MEDIUM DUTY PAVEMENTPROPOSED HEAVY DUTY PAVEMENTPROPOSED PAVEMENT RECLAIM /NEW PAVEMENTPROPOSED PLAY AREAPROPOSED AGLIMEPROPOSED CHAIN LINK FENCINGPROPOSED PAINTED CURBPROPOSED TRAFFIC CONTROL SIGNSIGNAGE KEY NOTEPAINTED ACCESSIBLE SYMBOLPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED FLARED END SECTION (FES)PROPOSED BUILDING STOOP - REFER TOARCHITECTURAL PLANSPROPERTY LINEA1C2.118C2.1210C2.123C2.1216C2.1217C2.1220C2.1223C2.1210C2.119C2.1111C2.1112C2.1112C2.1224C2.1214C2.1215C2.127C2.1211C2.121C2.1323C2.113C2.13NOT FOR CONSTRUCT ION RE-ALIGNED BUSCORRAL ENTRANCEDRIVENEW ENTRANCE DRIVEOFF HUBER DRIVEEXISTING LACROSSE FIELD (180' x 330')EXISTING SOCCER FIELD (180' x 340')EXISTINGSOFTBALL FIELD876875874873871870870872874876869 86987 0 88 0 88 1 882879 8848838 8 4 885886883883884885886886885 8 8 0 8 8 1 868866865870875873873870879878877874876875877877876878867SERVICE/DELIVERYPARKING/DROP-OFF(11+1 HC STALLS)NORTHPARKING LOT(119 + 5 HC STALLS)SOFT PLAYAREAHARD-SURFACEPLAY/ EMERGENCYVEHICLETURN-AROUNDPROPOSEDBUILDINGADDITIONREFER TO ARCHITECTURALPLANS FOR LAYOUT ANDDIMENSIONS4CO3CO3QB3PS3QM3AL2OV2QB1CO2TC2TC5AL7TC3QM3QM1AL3BR5PR3QA3QA2CK4ALSEED AND HYDROMULCHSEED AND BLANKETMINERAL SODSEED AND BLANKETSEED AND BLANKETSEED AND BLANKETSEED ANDBLANKETSOD- STAKEAS REQUIREDSEED AND BLANKETREPAIRED BUSCORRAL & WALKS883880 8748 8 4 8848 8 3 882RELOCATEDSOFTBALL FIELDProjectDateDrawn byChecked byDrawing NumberNo. DateKey PlanLSE ARCHITECTS, INC.100 Portland Ave. South, Suite 100Minneapolis, MN 55401612.343.1010 office612.3382280 faxwww.lse-architects.comThese drawings including all design, details, specificationsand information, are the sole copyright of LSE Architects,Inc. and are for use on this specific project and shall notbe used on any other work without agreement and writtenSHUPLVVLRQRI/6($UFKLWHFWV,QF‹LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERING7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129FRIENDLY HILLSMIDDLE SCHOOL020 40NOTES:LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)PROPOSED DECIDUOUS TREEPROPOSED CONIFEROUS TREEPROPOSED SEED MIX #1PROPOSED SEED MIX #2 & MULCHPROPOSED NATIVE SEED MIXPROPOSED SHRUB / MULCH BEDPLANT KEY (REFER TO PLANT SCHEDULEABOVE)TOP = QUANTITYBOTTOM = PLANT SYMBOLPROPERTY LINE1. REFER TO SHEET C1.42- GRADING AND DRAINAGE PLAN (SOUTH) FOR GENERAL NOTES.2. REFER TO SWPPP NARRATIVE FOR CONSTRUCTION SEQUENCING AND EROSION CONTROLREQUIREMENTS.3. LANDSCAPE ARCHITECT MUST INSPECT AND APPROVE FINISH GRADING BEFORE CONTRACTORPROCEEDS WITH SEEDING.4. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED OR RECEIVE AGLIME SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SEEDED.5. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD OR RE-SEED ALL APPLICABLE AREAS,AT NO ADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.6. BEGIN TURF ESTABLISHMENT IMMEDIATELY AFTER SEEDING, REFER TO SPECIFICATION FORPROCEDURE.7. ALL TREES TO BE BALLED AND BURLAPPED.8. ALL TREES AND SHRUBS SHALL RECEIVE 4" DEPTH OF CLEAN SHREDDED HARDWOOD MULCH,UNLESS OTHERWISE SPECIFIED.9. ALL PLANT MATERIALS SHALL BE NO. 1 QUALITY, NURSERY GROWN AND SPECIMENS MUST BEMATCHED. ALL OVERSTORY TREES ADJACENT TO DRIVE AND IN PARKING LOT SHALL BEGINBRANCHING NO LOWER THAN 6'.1L1.11CONIFEROUS TREE1'-0"MIN1'-0"MIN2.5 X BALL DIA. MIN.GENERAL NOTES:xTREES SHALL BE ALIGNED AND PLUMB AFTERWATERING AND SETTLINGxPRUNE TREES AS REQUIRED AND AS DIRECTED BY THELANDSCAPE ARCHITECT/ENGINEERxCONTRACTOR SHALL INSTALL THREE STEEL POSTSWITH THREE HORIZONTALLY OPPOSED REINFORCEDRUBBER HOSE SECTIONS WITH A DOUBLE STRAND OF#11 WIRE AND FLAGGING. WRAP THE WIRE A MINIMUMOF TWO TIMES AROUND EACH POST.SHREDDED HARDWOODMULCH (4" MIN. DEPTH)PLANTING SOIL (MIN. DIMENSIONSHOWN)SOIL SAUCER: USED PREPAREDSOIL (4" MIN.)ROPES AT TOP OF BALL SHALLBE CUT. REMOVE TOP 1/3 OFBURLAP. NON-BIODEGRADABLEMATERIAL SHALL BE TOTALLYREMOVED.PREPARED SUBSOIL TO FORMPEDESTAL TO PREVENT SETTLING.RUBBER HOSE AT BARK1'-0"MIN1'-0"MIN2.5 X BALL DIA. MIN.DECIDUOUS TREEGENERAL NOTES:xTREES SHALL BE ALIGNED AND PLUMBAFTER WATERING AND SETTLINGxPRUNE TREES AS REQUIRED AND ASDIRECTED BY THE LANDSCAPEARCHITECT/ENGINEERxCONTRACTOR SHALL INSTALL THREESTEEL POSTS WITH THREEHORIZONTALLY OPPOSEDREINFORCED RUBBER HOSE SECTIONSWITH A DOUBLE STRAND OF #11 WIREAND FLAGGING. WRAP THE WIRE AMINIMUM OF TWO TIMES AROUND EACHPOST.RUBBER HOSE AT BARKSET TREE AT ORIGINAL GRADESHREDDED HARDWOOD MULCH(4" MIN. DEPTH)PLANTING SOIL (MIN. DIMENSIONSHOWN)SOIL SAUCER: USED PREPAREDSOIL (3" MIN.)PREPARED SUBSOIL TO FORMPEDESTAL TO PREVENT SETTLING.FLAGGINGSHRUB BED EDGINGFINISH GRADETOPSOILEDGINGFINISH GRADEMULCH BEDCOMPACTED SUBGRADEGEOTEXTILE WEED BARRIER -WRAP SIDES, TYPICAL1L1.112L1.113L1.115QB Planning Case 2019-03 (Weisbecker) Page 1 of 6 Planning Report DATE: February 26, 2019 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2019-03 Lot Line Adjustment and Variance APPLICANT: Julia Weisbecker PROPERTY ADDRESS: 1840 Hunter Lane ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE: May 28, 2019 (120-days per MN State Statute § 462.358 – subdivisions) DESCRIPTION OF THE REQUEST Ms. Julia Weisbecker is requesting a lot line adjustment for one of two parcels located at 1840 Hunter Lane. Related to this lot adjustment, Ms. Weisbecker also requests a variance to permit a portion of a lot to have lesser street width/frontage as required by City Code. In essence, to allow a flag lot. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press; and notice letters of this hearing were mailed to all owners within 350- feet of the subject property. Staff has not received any comments or objections related to this item. BACKGROUND Both parcels are located between the properties of 1836 and 1850 Hunter Lane, and are identified by Dakota County Assessor as two separate tax identified parcels (see GIS image – below). Planning Case 2019-03 (Weisbecker) Page 2 of 6 Staff was unable to determine when, how or why these two parcels were separated in the first place. It appears over the course of time, the former owners of these two properties sold or transferred them as one combined property. The properties to the north of the subject property were platted in Celia’s Addition in 1989; and the properties to the south were platted into Sun View Hills Addition in 1977. The families that previously owned 1840 Hunter Lane apparently did not plat or become part of either plat on each side, and they remain unplatted, separate parcels to this day. The westerly parcel (PID # 27-02700-08-032 – outlined in RED below) is a vacant, square-shaped lot, 127- ft. wide by 171-ft. deep, with 22,390 sq. ft. of area. The easterly parcel (PID # 27-02700-08-040 - outlined in BLUE below) is a similar square shaped lot, but 130-ft. wide by 171-ft. deep, with 25,783 sq. ft. of area. The east parcel contains a 3,745 sf. dwelling (built in 1950), which has a single -lane bituminous driveway that leads out on to Hunter Lane across the southern part of the westerly parcel. The survey reveals that an existing 15-ft. wide Ingress/Egress Easement is present along the south edge of this westerly parcel, but the physical driveway does not come close to being centered or located inside this easement space, and veers off more to the south when travelling easterly and back towards the east parcel. The survey also reveals this driveway encroaches slightly over the northerly property line of 1850 Hunter Lane (to the south). The owners of 1850 Hunter Lane have stated they do not wish to participate in a similar lot line adjustment on their private land, nor grant any permanent land rights in order to eliminate this encroachment (due to current mortgage and other legal/title issues). However, this neighbor has agreed to provide a 5-foot easement for driveway purposes on this northerly notched segment of their land, which will go to the benefit of the new owner at 1840 Hunter Lane. Today, Ms. Weisbecker seeks to sell the easterly parcel with the single-family dwelling on its own; and sell-off the westerly parcel separately for future residential development. Since these parcels are considered by City Code to be “Existing Lots of Record”, they can legally be owned and developed individually. The problem exists however, that once the westerly parcel is sold off, and different ownership takes control of each parcel, the easterly parcel potentially loses its legal access rights over and across the west parcel , as it exists today. The new owner of 1840 Hunter Lane has requested that instead of securing an easement right over the westerly parcel for the driveway access, he is requesting a more permanent solution. Planning Case 2019-03 (Weisbecker) Page 3 of 6 The lot line adjustment will take place only on the westerly (unassigned) parcel. The adjustment creates a 20.18-ft. to 23.51 ft. wide parcel strip along the south edge of this westerly parcel, which parcel will then be combined to the easterly parcel for a new permanent (fee title) access strip for the easterly 1840 Hunter Lane parcel (see close-up image – below). Once this strip parcel has been created and is combined or added to the east parcel, it essentially creates a “flag-lot” design, which is something the city allowed at one time (as evident throughout the city), but no longer. City Code requires that all single-family parcels have at least 100-feet (lot width) along a public roadway frontage. To accommodate the new owner’s request for a permanent access/driveway strip, M s. Weisbecker seeks a variance to the 100-foot wide standard as part of this lot line adjustment. ANALYSIS  Lot Line Adjustment City Code Title 11 - Subdivision Regulations, Section 11-1-5 allows the subdivision of parcels through a lot line adjustment, provided the division is to permit the adding of a parcel of land to an abutting lot and the newly created property line will not cause the other remaining portion of the lot to be in violation with this title or the zoning ordinance. In most cases of lot line adjustments, two property owners typically work out an agreement for one to secure added legal rights to another neighboring owner property, usually a side-yard or rear-yard area. This case is somewhat unusual, in that the adjustment creates or leaves a narrow strip, which is then intended to be combined to the land-locked property to the rear. As noted previously and as illustrated on the Applicant’s survey, the adjustment creates a new “access strip” 20.18-ft. wide along Hunter Lane, which tapers out slightly to 23.51-ft. wide on the back end and abuts to the easterly parcel. This results in the westerly parcel having 107-ft. of frontage along Hunter Lane and 171.25-ft. of depth. The survey also illustrates the far west edge of the westerly parcel legally extends out into Hunter Lane ROW; and the Applicant is proposing to dedicate a 14-ft. even strip of land to the City of Mendota Heights for permanent road ROW, thereby reducing the lot width to 157.25 ft. The west parcel is then left with 16,825 sf. of land area for development. The width and area still keep the adjusted westerly lot legal and conforming to City Code (R-1 One Family Zone) standards. Planning Case 2019-03 (Weisbecker) Page 4 of 6  Variance As noted previously, as a result of this lot line adjustment, an approximate 20+ ft. wide strip parcel will be created and combined with the easterly land-locked parcel, thereby creating a new “flag-lot” design. City Code requires that all single-family parcels have at least 100-feet (lot width) along a public roadway frontage. When considering a variance for the proposed lot line adjustment request, the City is required to consider an Applicant’s response to certain questions, and carefully weigh certain findings as they apply to these standards. As part of the variance application, Applicants are required to prepare and submit their own responses and findings, which for this case, are noted below (in italic text): 1. Is this request in harmony with the general purposes and intent of the ordinance and comprehensive plan; and are there any “practical difficulties” in connection with the variance; meaning does the property owner propose to use the property in a reasonable manner not permitted by this chapter? Ms. Weisbecker proposal will continue to facilitate use of the property in a reasonable manner because its use as a residential lot will not change. The property is zoned R-l, which allows for single family dwellings. There is currently a single family dwelling located on the property and the property will continue to be used as a single family dwelling. If a variance is not granted, the property will not have unambiguous, permanent access, will be unmarketable and cannot be put to any reasonable use. 2. Due to the nature of this variance request, is the plight of the landowner is due to circumstances unique to the property not created by the landowner? . If the variance is not granted, 1840 Hunter Lane will be effectively land locked due to circumstances beyond Weisbecker's control. The lot split which created the unassigned parcel, thereby extinguishing access to 1840 Hunter Lane, was approved by the City before the ordinance prohibiting "flag lots" was passed. At the time of the approval of the lot split, the City approved the unassigned lot as a separate, buildable lot from 1840 Hunter Lane. If the variance is not granted, the lot split approved by the City will be effectively nullified. 3. Would the variance, if granted, alter the essential character of the neighborhood? If the lot split, combination of parcels and variance are granted, both 1840 Hunter Lane and the unassigned parcel will fit with the character of the neighborhood. The neighborhood is zoned R-l and consists of single family dwellings. There is an existing single family dwelling on 1840 Hunter Lane and Weisbecker expects to sell the unassigned parcel to be developed as a single family dwelling. In addition, there are at least two "flag lots" currently in the neighborhood at 1827 Hunter Lane and 1889 Hunter Lane. ALTERNATIVES 1. Recommend approval of the lot line adjustment with the requested variance for reduced lot width standard, based on the attached findings of fact with conditions; or 2. Recommend denial of the lot line adjustment and variance based on amended findings of fact that the proposed lot line adjustment and variance are not consistent with the City Code, Comprehensive Plan or other justifiable and stated reasons: or 3. Table the applications, pending additional information from city staff or the Applicant. Planning Case 2019-03 (Weisbecker) Page 5 of 6 STAFF RECOMMENDATION Staff recommends approval of the requested lot line adjustment and variance, based on the attached findings of fact and with the following conditions: 1) The Applicant shall combine and attach the new access strip parcel to be created under the lot line adjustment to the easterly parcel (PID # 27-02700-08-040). 2) The Applicant must provide proof of a private easement for driveway purposes from the owners of 1850 Hunter Lane (to the south). 3) Should the new owner(s) of 1840 Hunter Lane ever decide to reconstruct the driveway leading back to the property, it must be re-centered and placed within the approximate 20-ft. wide access strip. 4) All transfer or deed documents which convey the portion of lands under the lot line adjustment and lot split process shall be recorded with Dakota County. MATERIALS INCLUDED FOR REVIEW 1. Location/Site Map 2. Letter of Intent from Homeowners 3. Planning Application w/ Variance Responses (from homeowners) 4. Surveys with Legal Descriptions Planning Case 2019-03 (Weisbecker) Page 6 of 6 FINDINGS OF FACT FOR APPROVAL Lot Line Adjustment & Variance 1840 Hunter Lane Planning Case No. 2019-03 The following Findings of Fact are made in support of approval of the proposed Lot Line Adjustment and Variance requests: 1. The proposed lot line adjustment and variance requests meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. 2. The purpose of the request is to provide a permanent (fee title) access right to the easterly parcel, which will better serve said parcel instead of an easement right. 3. The existing conditions of the two parcels, with one essentially being land-locked, was not created by the current property owners; and this lot adjustment and variance to lot width standards is a reasonable request, the issue of the land-locked parcel does create some practical difficulty in providing legal access rights to the site; and the requests do not alter the essential character of the neighborhood. 6 66666666666 6666666666666666666666 66 6 6 ³³³³! ³ ³ ³ ³ """ " " ""66666666 6 666666666!!2 !!2 !!2 !!2 111110221171157 150149136 131130129141 84 11575 455 408 155 10060 139 194 404 30 23124 20185175916 90185150100 13120157 171 15730 100100 171 157 301851140 1850 1154 1840 1830 1836 1835 1845 1831 1855 1175 1151 1819 1155 1827 1145 11451171 HUNTER LNORCHARD PL 375'250'237'269'138' Dakota County GIS 1840 Hunter Lane(J. Weisbecker Properties)City ofMendotaHeights080 SCALE IN FEETDate: 1/22/2019 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. January 23, 2019  LETTER OF INTENT  City of Mendota Heights  e 1101 Victoria Curv Mendota Heights, MN 55118  ttn:  Tim Benetti A timb@mendota‐heights.com  e: nce Request R Lot Split/Property Co 1840 Hunter Lane, Me  File No.:  6639‐2  mbination and Varia ndota Heights, MN  Our Dear Tim:  Julia Weisbecker owns 1840 Hunter Lane, Mendota Heights, MN 55118 and an unassigned  parcel  immediately  West  of  1840  Hunter  Lane  and  adjacent  to  Hunter  Lane  (referred  to  hereinafter as the “Unassigned Parcel”).  The Unassigned Parcel was the result of a lot split  approved by the City prior to Ms. Weisbecker’s ownership of the property.  Ms. Weisbecker  recently entered into a purchase agreement to sell 1840 Hunter Lane.  She will continue to  own the Unassigned Parcel and expects to sell the unassigned parcel for development as a  single‐family, detached dwelling.  A recent survey has disclosed that there is an approximate three (3) foot gap between 1840  Hunter  Lane  and  1850  Hunter  Lane  and  also  between  the  Unassigned  Parcel  and  1850  Hunter Lane.  Ms. Weisbecker is in the process of commencing a  quiet  title  action  to  eliminate  the  gap(s)  and  establish  ownership  of  the  gap  property.  The relief being  requested in the quiet title action is that Ms. Weisbecker be declared the owner of the gap  between the Unassigned Parcel and 1850 Hunter Lane and the owners of 1850 Hunter Lane  be declared the owners of the gap between their property and 1840 Hunter Lane.  Contingent  on  final  judgment  being  entered  in  the  quiet  title  action,  Ms.  Weisbecker  is  requesting a lot split of the Unassigned Parcel, severing the south 24 feet (approximately)  of said parcel.  The parcel that is severed will be conveyed to the purchaser of 1840 Hunter  Lane  and  combined  with  1840  Hunter  Lane.    The  lot  split  and  combination  with  1840  Hunter Lane is requested to provide unambiguous, permanent access to 1840 Hunter Lane.  In connection with the lot split and combination with 1840 Hunter Lane, Ms. Weisbecker is  also requesting a variance for 1840 Hunter Lane from the City’s zoning ordinances, which  City of Mendota Heights  January 23, 2019  Pg. 2  require properties located within the R1 zoning district to have front yard lots 100 feet  wide and prohibiting “flag lots.”    If Ms. Weisbecker’s request for a lot split/combination of property and variance is denied,  the lot split approved by the City which created the Unassigned Parcel, and which was  elied  upon  by  Weisbeceker,  will  effectively  be  nullified  and  1840  Hunter  lane  will  be r unmarketable.    The survey referenced above also shows that the West boundary line of the Unassigned  Parcel extends to the center line of Hunter Lane.  There is no easement of record for Hunter  Lane over the Unassigned Parcel.  In connection with the request for a lot split/combination  nd variance, Ms. Weisbecker is willing to assist the City in resolving this issue by granting  ed Parcel for Hunter Lane.  a an easement over the Unassign nclose  p   E   d lease the following:  1.Planning Application;    Application;    Application;  and  2. Lot Split 3.Variance 4. Survey.    Ms. Weisbecker will submit the required fees under separate cover.  Please contact Ms.  eisbecker directly or through her real estate agent, Paul Dorn, with regard to payment of W the fees.    f you require additional information or have any questions, please contact Mike Orme or  igned.  Thank you for your assistance.  I the unders   Sincerely,        ana K. Nyquist  t@ormelaw.com D dnyquis     DKN   c: ‐mail)  :jlf   C Julia Weisbecker (via e   Paul Dorn (via e‐mail)  M ENDOTA HEIGHTS !!!:I< CI TY OF 1101 V1ctorliJ Curve I Mendota Heights. MN 55118 651.452.1850 pl1one i 651.452.8940 fax www mendota -heights.corn VARIANCE APPLICATION Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Office Use Only: Case#: ---------- App Ii cant: ________ _ Address: ---------- The City Council may grant variances from the strict application of the provisions of the City Code and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties in carrying out the strict letter of the regulations of the Code. "Practical difficulties", as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties. Please consider these requirements carefully before requesting a variance. APPLICATION REQUIREMENTS: • Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule. • Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans. The following materials must be submitted for the application to be considered complete: ~ Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project. ~ Completed Application Form(s). ~ Letter of Intent. ~ Required Plans. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Sketch Plan (to-scale drawing or certified survey, if determined necessary): ~ Location and setbacks of all buildings on the property in question including both existing and proposed structures. 6'I Location of any easements having an influence upon the variance request. D Written consent and waiver of public hearing, in a form prescribed by the city, by the owners of property within one hundred feet (100') of the boundaries of the property for which the Variance Application (modified 4/5/2016) Page 1 of 3 variance is requested, accompanied by a map indicating the location of the property in question and the location of the property owners who have given consent; or, lacking such consent, a list of names and addresses of the owners of property within one hundred feet (100') of the boundaries of the property for which the variance is requested. 0 If topography or extreme grade is the basis on which the request is made, all topographic contours shall be submitted. 0 If the application involves a cutting of a curb for a driveway or grading a driveway, the applicant shall have his plan approved by the city public works director prior to construction. Please complete the attached questions regarding your request. Variance Application (modified 4/5/2016) Page 2 of 3 Please answer the following questions as they relate to the variance request. You may fill-in this form or create your own. 1. In your opinion, does the proposal put the property to use in a reasonable manner? @ YES D NO Why or why not? See Exhibit A 2. Please describe the circumstances unique to the property (not created by you). See Exhibit A 3. In your opm1on, will the variance, if granted, fit with the character of the neighborhood? Ga YES D NO Why or why not? See Exhibit A The City Council must make an affirmative finding on all of the criteria listed above in order to grant a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. Variance Application (modified 4/5/2016) Page 3 of 3 EXHIBIT A 1. Ms. Weisbecker's proposal will continue to facilitate use of the property in a reasonable manner because its use as a residential lot will not change. The property is zoned Rl, which allows for single family dwellings. There is currently a single family dwelling located on the property and the property will continue to be used as a single family dwelling. If a variance is not granted, the property will not have unambiguous, permanent access, will be unmarketable and cannot be put to any reasonable use. 2. If the variance is not granted, 1840 Hunter Lane will be effectively land locked due to circumstances beyond Weisbecker's control. The lot split which created the unassigned parcel, thereby extinguishing access to 1840 Hunter Lane, was approved by the City before the ordinance prohibiting "flag lots" was passed. At the time of the approval of the lot split, the City approved the unassigned lot as a separate, buildable lot from 1840 Hunter Lane. If the variance is not granted, the lot split approved by the City will be effectively nullified. 3. If the lot split, combination of parcels and variance are granted, both 1840 Hunter Lane and the unassigned parcel will fit with the character of the neighborhood. The neighborhood is zoned Rl and consists of single family dwellings. There is an existing single family dwelling on 1840 Hunter Lane and Wisebecker expects to sell the unassigned parcel to be developed as a single family dwelling. In addition, there are at least two "flag lots" currently in the neighborhood at 1827 Hunter Lane and 1889 Hunter Lane. Planning Report DATE: TO: FROM: SUBJECT: APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: February 26, 2019 Planning Commission Tim Benetti, Community Development Director Planning Case 2019-04 Lot Split (Subdivision) & Combination Mark Morin 963 Chippewa Avenue R-1 One Family Residential/LR Low Density Residential May 28, 2019 DESCRIPTION OF THE REQUEST Mr. Mark Morin is requesting approval to subdivide a residential developed parcel located at 963 Chippewa Avenue. Upon completion of the split, the residential dwelling at 963 Chippewa will have a smaller (but legal) residential parcel; while the remaining parcel created by the split will be combined into Mr. Morin’s property, located immediately to the west. This request requires City Council approval before any plat or survey can be accepted and recorded by Dakota County. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press newspaper; and notice letters of this hearing were mailed to all owners within 350-feet of the affected parcels. There have been no inquiries or objections received by city staff. BACKGROUND The subject property is a corner lot, located the southwest corner of Chippewa Avenue and Simard Street. The property consists of two original platted lots (Lots 1 and 2, Block 2, Guadalupe Heights Addition). Staff assumes the two lots were combined many years ago, with have been assigned a single parcel identification number and assessed as one larger parcel for property tax purposes. The subject property has 205-feet of frontage along Chippewa, and 120-ft. along Simard, and consists of 26,193 total square feet of area. The property also contains a 1,925 sq. ft., one-story single family rambler style home built in 1955, with a 3-car attached garage. The overall property is generally flat and even with no noticeable elevations or grades. The area north of the home is relatively wide open, with very little trees Planning Report: Case #2019-04 Page 2 or landscaping one large evergreen tree near the corner and most of the site vacant/open grass yard. (see Google Street image – below). The site is located in the R-1 One Family Residential district, and is bordered to the north, south, east and west with existing and similar style single family homes. ANALYSIS  Project Description As stated in the Applicant’s letter of intent, they propose to keep the existing single-family home intact, and subdivide the lot into two (2) separate parcels, one for the home and one to be combined with Mr. Morin’s own property to the west, located at 530 Simard Street.  Parcel A: the northern area of the subject property will be subdivided off to create a new 86-ft. wide by 120-ft. deep parcel, containing 10,915 sf. (0.25 acres) of land area.  Parcel B: the southerly part of the subject property will be subdivided to create a new 119-ft. wide by 133.4/150.26-ft. deep parcel, containing 15,278 sf. (0.35 acres) of land area.  Zoning Information Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. Below is a table that reflects the R-1 District standards and those proposed for each parcel: Standard Subject Parcel New Parcel A New Parcel B Lot Area 15,000-SQ. FT. 26,193-SQ. FT. (0.60 AC.) 10,915-SQ. FT 15,278 SQ. FT. Lot Width 100-FT. 205-FT. / 120-FT. 86-FT. 119-FT. As shown in the table above, the proposed Parcel B will be compliant with the R-1 District’s lot area and width standards, and the home meets the 10-foot minimum side-yard (and other) setback standards for single-family structures in this area. Planning Report: Case #2019-04 Page 3 Parcel A however, does not meet the minimum lot width standards of 100-feet (along Chippewa Avenue); nor the 15,000 sf. lot area minimum standard required in the R-1 Zone. However, the primary reason and stated objective by the Applicant for splitting this property is to provide an opportunity to divide this this lot into two separate parcels; sell-off the existing family home with a newer (but smaller) lot; and the remaining non-conforming lot will be added or combined to his own personal property next door at 530 Simard Street. For this reason, city staff determined there was no need to process a variance with this subdivision application. Approval of this lot split however, will include a condition that the new Parcel A to be considered under this request must be added or combined with the immediate neighboring residential property of 530 Simard Street; and under no circumstances will separate single-family development be allowed on this parcel. Furthermore, any approvals granted under this subdivision request does not create any special or unique circumstances, nor any hardship argument for allowing this newly created (vacant) parcel to be individually developed in the future. The survey shows that there is a small split-rail, wooden fence along the outer perimeter of the proposed Parcel A. Part of this fence appears to encroach slightly into the Simard Street right-of-way to the north. The Planning Commission may wish to decide (make a condition) if this fence needs to be relocated out of the ROW, or allow the fence to remain in place. City staff has determined this fence does not impact any local utilities or snow storage, and is not significant enough to call for its immediate removal.  Easements As stated previously, the subject property was originally platted as Lots 1 and 2, Block 2, Guadalupe Heights Addition (1890). The plat does not depict or include any perimeter drainage and utility easements within the lots; so therefore the vacation of any easement (due to the re-establishment of new lot lines between both parcels) is not required. However, the city normally requests Applicants to dedicate any missing drainage and utility easements when necessary; and the only areas the city can request these easements are along the front, rear and shared (dividing) line between both parcels. The city will request 10-foot wide easements along the front, rear and the shared parcel line. REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the lot split application based on the attached findings of fact and conditions of approval as noted herein; OR 2. Recommend denial of the lot split application based on revised or determined findings of fact; OR 3. Table the lot split application, pending additional information from staff or the Applicant. Planning Report: Case #2019-04 Page 4 RECOMMENDATION The Planning Commission is asked to determine the effect of the proposed lot split on the character and development of the neighborhood in forming its recommendation to the City Council. Staff recommends the Planning Commission recommend to the City Council approval of the lot split as submitted, with the following conditions: 1) The newly created parcel identified and described as “Parcel A” on the attached survey map prepared by Frank A. Cardarelle (dated Jan. 29, 2019) shall be combined with the property identified as 530 Simard Street (PID No. 27-31300-02-042). 2) The applicant shall dedicate, by recordable document approved by the city and filed with Dakota County, a 10-foot wide drainage and utility easement along the north and east property lines of Parcel A; a 10-foot wide drainage and utility easement along the west and east property lines, and a 5-foot wide easement along the south property line of Parcel B; and a 5-foot wide easement on each side (10-ft. total) of the shared line between Parcels A and B. 3) Approval of this lot split does not in any way provide a special or unique circumstance, or hardship for the Applicant or future owners of Parcel A in claiming a right to develop a new single-family dwelling development on said Parcel A. FINDINGS OF FACT FOR APPROVAL Lot Split – Subdivision Request for 963 CHIPPEWA AVENUE The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed lot split meets the spirit, purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The proposed subdivision and lot combination will not create any negative impacts to the surrounding uses or neighborhood. 3. The two lots resulting from the lot split will keep a single-family development intact; while the new non-conforming lot to be created by this split will be combined with the neighboring property only, thereby eliminating the need for a variance for a reduced lot size or lot width standard for properties located in the R-1 District. 6666666 6 6666666666 666666666666666 6 6666 6 6 6 6 6 6 666666! " "³ ³ " " ³ ! ! * ³ " ³ " ³66666666666666 6 6 6 6 66 6 6 6 6 6 6 66 !!2 !!2 !!2 !!2 !!2 !!2 1791721701631 4 4 90 115 80 120 12 1 78110 75 10710570100656160 119 1 3 5 56 55 1481 9 3 5049 149155 140434130 29117 25 20 19 8197 15510 6130 119 5100140120120 107 100 1403060 5080120 60 60 119 55 78140107 60 119 60 6080 12050 30 530 963 537541 975 529531 546 550 968 969 547 945525537 985 959 953 947 532 554 544 545 983 940 549 987 MIRIAM ST SIMARD ST CHIPPEWA AVEDIEGO LN351.6' 351.2'238'235.5'107'327.5'332.7'107.4'85.9'Dakota County GIS 963 Chippewa Avenue530 Simard Street)Mark & Kris Morin City ofMendotaHeights075 SCALE IN FEETDate: 2/20/2019 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-1 2 Land Use Although Mendota Heights is almost completely developed, there are substantial areas of public and private open space, wetlands, lakes, bluff and wooded areas that give the feeling of very low density of development in much of the community. The land use pattern is well established, with strong residential neighborhoods throughout the City, business and industrial development in the southwest corner, several major institutional uses (cemeteries, schools, golf courses), and protected natural areas (Dodge Nature Center, bluffs and ravines along the river). The City of Mendota Heights has identified the specific locations, and type of natural areas, open space, and recreation areas located within and around Mendota Heights, as illustrated in the Community Facilities Map - FIGURE 2-1. Attention will also be given to protecting the high quality natural and built environments which is addressed in many of the goals of this Plan. The intent is to continue to protect the quiet, secluded feel of its mature neighborhoods by preserving natural features and the environment, promoting high quality and well- functioning developments, and continuing to work to decrease airplane noise over the City. GOALS and POLICIES GOAL 2.1: The land use plan will serve as the foundation for land use decisions in Mendota Heights. Policies: 2.1.1 Develop in accordance with the Comprehensive Plan for land use, housing, transportation, parks and other community facilities. 2.1.2 Review and amend the Comprehensive Plan as necessary to ensure consistent development policy in current and future development decisions. 2.1.3 Zoning and rezoning decisions shall conform to the Land Use Plan. 2.1.4 The Land Use Plan will be updated to reflect changing priorities and conditions or as required by the Metropolitan Land Planning Act. 2.1.5 Balance land use designations to meet projected growth demand. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-2 GOAL 2.2: Preserve, protect, and enrich the mature, fully developed residential environment and character of the community. Policies: 2.2.1 Subdivision and zoning standards will emphasize high quality site and building design. 2.2.2 Emphasize quality design, innovative solutions, and a high general aesthetic level in community development and building. 2.2.3 Parks, trails and open spaces will be planned within walking distance of all residential areas. 2.2.4 Encourage development and planning of land that provides for reasonable access to surrounding properties. 2.2.5 Public buildings and properties will be designed, constructed and maintained to be a source of civic pride and to set a standard for private property owners to follow. 2.2.6 Provide a mechanism to allow for the maintenance of non-conforming properties to become less burdensome. Goal 2.3: Support industrial and commercial development in designated areas. Policies: 2.3.1 The City will use available resources to meet redevelopment needs. This will include cooperation with Dakota County and the Metropolitan Council to achieve redevelopment objectives. 2.3.2 Encourage appropriate transitions and buffering between potentially incompatible land uses. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-3 Goal 2.4: Reduce the impact of aircraft noise within the community. Policies: 2.4.1 Increase public participation and representation through the Noise Oversight Committee (NOC) and the Metropolitan Airports Commission (MAC). 2.4.2 Achieve noise reduction through advocating modified takeoff procedures and corridor compliance. 2.4.3 Monitor the continued implementation of the Minneapolis/St. Paul (MSP) airport Comprehensive Plan. 2.4.4 Advocate for specific noise control measures through operational changes and advanced technology. 2.4.5 Encourage establishment of a physical capacity for the Mendota Heights/Eagan corridor and transfer of general aviation use to other reliever airports. 2.4.6 Notify and work with MnDOT in the event that potential airspace obstructions are encountered. 2.4.7 Consider aircraft noise and safety issues in applicable land use and zoning decisions. ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALEPICKEREL LAKEMISSISSIPPI RIVERMINNESOTA RI VE R ROGERS LAKE LAKE AUGUS TA L A K E L E M A Y GUN CLUB LAKE SOMERSETGOLF COURSE(PRIVATE)ISLAND REGIONAL TRAILFortSnellingStateParkRESURRECTIONCEMETERY CITY HALL\POLICE PUBLICWORKS FIRE STATION MENDAKOTA GOLF COURSE(PRIVATE) ST. THOMASACADEMY VISITATION HENRYSIBLEYSENIORHIGH MENDOTAELEM. FRIENDLY HILLSMIDDLE SCHOOL PAR 3 (PUBLIC) ACACIA PARKCEMETERY VENTO'S VIEW(WILDLIFE VIEWING STATION) ÊÚ SCENIC OVERLOOK(DAKOTA COUNTY) ME N D O T A B R I D G E SOMERSETELEM. OLIVIA T. DODGENATURE CENTER 1 2 3 4 5 6 7 8 9 10 11 12 PROPOSED NORTH URBAN REGIONAL TRAIL BIGRIVERSREGIONALTRAIL14 13 15 LILYDALE-HARRIETDODD RDÊÚ ÊÚÊÚ ÊÚ PILOT KNOBPRESERVATION BUS GARAGEÊÚ DODD RDDELAWARE AVEMARIE AVE W MENDOTA HEIGHTS RDLEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR S I B L E Y MEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRLHUNTER LNORCHARD PL VICTORIA RD SIVY FALLS AVE Community FacilitiesCity of Mendota Heights µ0 3,000 6,000 Feet Source: City of Mendota Heights, Dakota County, 2016 Off Street BituminousTrail (6' to 8' wide) Proposed North Urban Regional Trail(Dakota County) Wide Shoulders/On Street Parks Cemetery City Park State Park Golf Course Nature Preserve Municipal Facility School Open Water Wetland 1) Friendly Hills Park 2) Friendly Marsh Park 3) Hagstrom King Park 4) Ivy Hills Park 5) Kensington Park 6) Marie Park 7) Mendakota Park 8) Rogers Lake Park 9) Valley Park10) Victoria Highland Park11) Wentworth Park12) Valley View Heights Park13) Copperfield Ponds14) Sibley Park15) Civic Center Ball Park February 26, 2019 Figure 2-1 Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-5 EXISTING LAND USE The following table illustrates how the existing land use is distributed within the City of Mendota Heights, illustrated on the Existing Land Use Map - FIGURE 2-2. Note that these categories are not the same and do not correspond to the Future Land Use categories noted and identified later in this chapter. Table 2-1: 2017 Existing Land Use 2017 Existing Land Use Gross Acres Net Acres Rural Residential 147.36 115.86 Low Density Residential 1,792.12 1,727.75 Medium Density Residential 63.79 59.80 Medium Density Residential - PUD 14.17 14.17 High Density Residential 127.19 126.52 High Density Residential - PUD 6.42 6.42 Business 21.78 21.78 Limited Business 98.38 96.71 Mixed Use - PUD 38.66 37.20 Industrial 386.17 384.76 City Facilities 37.79 31.99 Schools (Public Private) 288.06 282.21 Churches Synagogues 32.59 30.53 Cemetery 239.67 238.47 Parks/Open Space 1,032.68 526.46 Golf Course 292.47 281.95 Right-of-Way 1,222.47 1,202.42 Open Water 591.03 551.02 Wetland 0.00 696.80 Total 6,432.81 6,432.81 Non-Conforming Single-Family Uses The City recognizes there are certain areas of the city where single-family lots are generally smaller, and have less than the minimum lot size standard of 15,000 square feet per Zoning Code. Moreover, many structures in these areas do not meet current setback standards. These smaller lots were developed before current zoning standards were in place, or in some cases, residences were built with or without regards to meeting setback standards. Over the course of time, when the City adopted updates to its Zoning Ordinance, many of these single- family parcels became legal non-conforming lots, which in terms of size and reduced setbacks can pose problems and legal hurdles when homeowners want to improve or expand their dwellings, and in some cases run into setback or lot coverage issues. The City supports updating the Zoning Ordinance, as part of the Implementation Plan, and will provide mechanisms for assisting these legal non-conforming uses. The City intends to offer certain [reduced] standards or allowances, which would essentially permit said uses to be improved, updated or expanded without extraordinary measures, such as a variance. ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVERMINNESOTA RI VE R ROGERS LAKE LAKE AUGUS TA L A K E L E M A Y GUN CLUB LAKE DODD RDDODD RDDELAWARE AVESIBLEY MEMORIAL HWYMARIE AVE W MENDOTA HEIGHTS RDLEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR S I B L E Y MEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRL MENDOTA RDHUNTER LNORCHARD PL VICTORIA RD SIVY FALLS AVE Existing Land UseCity of Mendota Heights µ0 3,000 6,000 Feet City Boundary Rural Residential Low Density Residential Medium Density Residential Medium Density Residential - PUD High Density Residential High Density Residential - PUD Business Limited Business Mixed Use - PUD Industrial City Facilities Schools (Public Private) Churches Synagogues Cemetery Parks/Open Space Golf Course Right-of-Way Open Water Wetland Figure 2-2February 26, 2019 Source: City of Mendota Heights, 2017 ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVERMINNESOTA RI VE R ROGERS LAKE LAKE AUGUS TA L A K E L E M A Y GUN CLUB LAKE DODD RDDODD RDDELAWARE AVESIBLEY MEMORIAL HWYMARIE AVE W MENDOTA HEIGHTS RDLEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR S I B L E Y MEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRL MENDOTA RDHUNTER LNORCHARD PL VICTORIA RD SIVY FALLS AVE Lot Sizes for 2030 Planned Single Family Land UseCity of Mendota Heights µ0 3,000 6,000 Feet Dakota County, 2016 City Boundary Lot Size < 5,000 sqft Lot Size 5,000-7,500 sqft Lot Size 7,500-10,000 sqft Lot Size 10,000-12,500 sqft Lot Size 12,500-15,000 sqft Lot Size 15,000-20,000 sqft Lot Size 20,000-30,000 sqft Lot Size > 30,000 sqft Open Water Figure 2- February 26, 2019 Source: City of Mendota Heights, Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-7 FUTURE LAND USE CATEGORIES RESIDENTIAL Single family housing is the predominant land use in the City, although in recent years there has been an increase in the development of multi-family housing. Eight percent (8%) of the residentially-designated land in the City is utilized for multiple family homes or medium to high-density development, as opposed to one percent (1%) in 1979 and five percent (5%) in 2002. The Land Use Plan identifies six categories of residential uses: rural, low density in three ranges, plus medium density and high density. RR – Rural Residential This land use is generally located in the east central part of the City. This designation is intended for large lot single family residences with and without City sewer. The Residential Estate areas are planned with a density not to exceed 1.45 units per acre. The corresponding zoning district classification is R-1A (One Family Residential). LR – Low Density Residential This land use is the most prevalent land use category in the City and provides for single family development. This designation is intended for a density not to exceed 2.9 units per acre, corresponding to the R-1 district minimum lot size of 15,000 square feet and lot width of 100 feet. MR – Medium Density Residential This land use provides for townhome and attached housing development at urban densities of up to 8 units per acre. New areas of Medium Density Residential are added in this update to include existing townhouse and duplex projects that were previously designated Low Density and zoned R-1. The corresponding zoning district classifications are: R-2 (Medium Density Residential District) and MR-PUD (Medium Density Residential Planned Unit Development). HR – High Density Residential This land use provides for multi-family and apartment development at densities of up to 25 units per acre, which might be allowed to increase within a planned unit development (PUD). Most of this land use is in a few large apartment projects. The corresponding zoning district classifications are: R-3 (High Density Residential District) and HR-PUD (High Density Residential Planned Unit Development). Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-8 COMMERCIAL Commercial land uses are typically divided into two general categories; (1) office and (2) retail. The office category includes land uses generally considered to be of a limited business nature, typically a daytime office use. The Land Use Map identifies these areas as “LB - Limited Business”. The corresponding zoning district classifications are B-1 (Limited Business), B-1A (Business Park) and B-2 (Neighborhood Business). The second category of commercial uses expands the uses to include retail, restaurants, hotels and other commercial uses. This includes neighborhood type convenience stores and shopping centers. The Land Use Map identifies these areas as “B - Business”. LB – Limited Business There are presently four locations where most Limited Business uses in Mendota Heights are currently located or planned:  In the southwest quadrant of Highway 62 and Lexington Avenue;  Either side of Mendota Heights Road, between I-35E and Dodd Road;  On the south side of South Plaza Drive, east of Dodd Road near the Mendota Plaza area; and  On the south side of Highway 13 (Sibley Memorial Highway) at the northern city boundary, east of I-35E. B – Business There are two locations where most Business uses are planned:  In the southeast quadrant of Highway 62 and Lexington Avenue;  North of I-494 between Highway 55 and I-35E, although Commercial land uses share much of this area with Industrial guided uses. The largest concentration of commercial or business uses in the City is not guided Business, but rather Mixed Use, at Highway 62 and Dodd Road, in the Mendota Plaza and Village of Mendota Heights developments. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-9 MU – Mixed Use The intent of the district is to allow for mixed use developments that combine residential, retail, and commercial uses into a coordinated, planned development project. This land use designation is located both north and south of the Highway 62 and Dodd Road intersection, the City’s only significant retail area. The northeast quadrant of this intersection has been developed into a mixed use center known as The Village at Mendota Heights. The southeast corner of this includes the Mendota Plaza shopping center which has seen renovation and redevelopment in recent years, including a new Walgreen’s pharmacy; White Pine Senior Living, a 50-unit assisted living complex, and a 4-story 139-unit apartment project developed by Paster Properties and At Home Apartments. INDUSTRIAL I – Industrial The Industrial land use category is concentrated in the City’s industrial and business park in the southwest part of the City, north of I-494. The vast majority of the 400-plus acres of Industrial land is west of Highway 55, with a portion east of Highway 55 and west of I-35E. This land use includes manufacturing, office, and warehousing uses, but also hotels, and other commercial uses. PUBLIC & OPEN SPACE P/S – Public/Semi-Public The Public/Semi-Public land use designation includes various land uses that are generally outside the commercial, industrial and residential categories. Among these are city buildings, such as City Hall, public works and fire stations; schools, both public and private; churches and synagogues; and cemeteries. P – Park & Open Space The Park and Open Space land use designation includes City parks, State parks, golf courses and nature preserves. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-10 Future Land Use The following table summarizes future land use for the City of Mendota Heights: Table 2-2: 2040 Future Land Use 2040 Future Land Use Gross Acres Net Acres RR - Rural Residential 218.88 176.62 LR - Low Density Residential 1,781.10 1,712.03 MR - Medium Density Residential 187.64 179.66 HR - High Density Residential 65.57 65.27 LB - Limited Business 143.86 142.09 B - Business 30.87 30.83 MU - Mixed Use 47.41 45.05 I - Industrial 401 400.33 P/S - Public/Semi-Public 515.51 502.56 P - Park & Open Space 1,227.47 727.13 Right-of-Way 1,222.47 1,202.42 Open Water 591.03 552.02 Wetland 0.00 696.80 Total 6,432.81 6,432.81 The following pages contain the City’s previous 2030 Planned Future Land Use Map - FIGURE 2-3, followed by the 2040 Future Land Use Plan - FIGURE 2-4. ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKERELLAKEMISSISSIPPIRIVERM IN N E S O T A R IV E R ROGERS LAKELAKEAUGUSTALAK E L E MAY GUN CLUB LAKE DODDRDDODDRDDELAWAREAVESIBLEYMEMORIALHWYMARIE AVE W MENDOTA HEIGHTS R DLEXINGTONAVE LILYDALERDPILOTKNOBRDHUBER DR SI BLEYMEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLERAVE WAGON WHEEL TRL MENDOTA RDHUNTERLNORCHARDPLVICTORIARDSIVYFALLSAVE 2030 Planned Future Land Use City of Mendota Heights µ0 3,000 6,000 Feet Dakota County, 2016 Residential: Commercial: Industrial: Other: HR-PUD LB-PUD MR-PUD HR - High Density Residential B - Business MR - Medium Density Residential I - Industrial LB - Limited Business LR - Low Density Residential LR-II RR - Rural Residential Water MU-PUD - Mixed Use SP - State Park P - Park CS - Churches & Synagogues GC-S - Small Golf Course PS - Private School S - School CC - City Hall/Public Works/Fire Hall CEM - Cemetery GC - Golf Course NP - Nature Preserve Figure 2-3 February 26, 2019 Source: City of Mendota Heights, ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKERELLAKEMISSISSIPPIRIVERM IN N E S O T A R IV E R ROGERS LAKELAKEAUGUSTALAK E L E MAY GUN CLUB LAKE DODDRDDODDRDDELAWAREAVESIBLEYMEMORIALHWYMARIE AVE W MENDOTA HEIGHTS RDLEXINGTONAVE LILYDALERDPILOTKNOBRDHUBER DR SI BLEYMEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLERAVE WAGON WHEEL TRL MENDOTA RDHUNTERLNORCHARDPLVICTORIARDSIVYFALLSAVE 2040 Planned Future Land Use City of Mendota Heights µ0 3,000 6,000 Feet Dakota County, 2017 City boundary RR - Rural Residential LR - Low Density Residential MR - Medium Density Residential HR - High Density Residential LB - Limited Business B - Business MU - Mixed Use I - Industrial P/S - Public/Semi-Public P - Park & Open Space Open Water LR 9 - Low Density Residential LR 5 - Low Density Residential Figure 2-4 February 26, 2019 Source: City of Mendota Heights, Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-13 LAND USE CHANGES FROM 2030 TO 2040 COMPREHENSIVE PLANS The designated future land use for a number of properties in the City have changed between the 2030 Comprehensive Plan (in 2008) and this 2040 Comprehensive Plan (adopted in 2019). Below is a summary of these changes, illustrated on the 2040 Planned Future Land Use for Properties with Planned Land Use Change from 2030 to 2040 – FIGURE 2-5. 1) 340 D Street. This parcel was left blank on the 2030 Plan is guided Industrial in the 2040 Plan to reflect its current use. Dakota County records show an active homestead also listed for the parcel. 2) Acacia/Pilot Knob Parcels. This area consists of several parcels totaling over 32 acres in the west central part of the City, south of Highway 55 and either side of Pilot Knob Road and Highway 13. The westernmost parcel is owned by the Minnesota DNR, the others by the City. In the 2030 Plan the DNR parcel was guided Right-of -Way and the City parcels were guided Parks & Nature Preserve. That land use category has been replaced with the designation Park & Open Space, hence the change between the 2030 and 2040 Plans. The existing and intended use of all the parcels is consistent with the designation Parks & Open Space. 3) Valencour Circle. Two residential parcels on Valencour Circle, fronting Highway 55 north of Acacia Boulevard, were guided Medium Density Residential in the 2030 Plan, but being single family residences they have been changed in the 2040 Plan to Low Density Residential. 4) Highway 13 & Acacia Drive. Several parcels on the east side of Highway 13 housed a nursery business and a motel which have recently been redeveloped as apartments. The 2030 Plan guided the properties as Business, the 2040 Plan guides then as High Density Residential, reflecting their current use. 5) Augusta Shores. The Augusta Shores twin-home development was guided Low Density Residential in the 2030 Plan, but as twin-homes it is more appropriate as Medium Density Residential, which is what the actual homes are guided in the 2040 Plan. There are also several parcels within that development owned in common by the homeowners association as permanent open space, so identifying them as Park & Open Space is appropriate. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-14 6) Lexington & Centre Pointe Curve. The City owns a vacant 1.2-acre parcel in the southwest quadrant of Lexington Avenue and Centre Pointe Curve, backing up to Highway 62. It was guided Parks & Nature Preserve in the 2030 Plan, but as a City-owned parcel is guided P/S Public/Semi-Public in the 2040 Plan. 7) Veronica Lane. There are two City-owned parcels at the end of Veronica Lane totaling 1.2 acres that were guided Low Density Residential in the 2030 Plan but are now guided Park & Open Space in the 2040 Plan, reflecting their actual use as permanent open space. 8) Lexington & Marie. The City owns two parcels in the southeast quadrant of Lexington Avenue and Marie Avenue that are permanent open space. They were guided Low Density Residential in the 2030 Plan but are now guided Park & Open Space in the 2040 Plan, reflecting their actual use. 9) Kingsley Estates. The Kingsley Estates townhomes on Lexington Avenue and Kingsley Circle occupy about 8.3 acres and were guided Low Density Residential in the 2030 Plan, but have been designated Medium Density Residential in the 2040 Plan, reflecting their actual use and density. 10) Lexington & Highway 13. Three single family parcels in the southeast quadrant of Lexington Avenue and Highway 13 are located on the bluff and are surrounded on three sides by townhouse or apartment development. The 2030 Plan guided them Low Density Residential, but the owners have requested a designation of Medium Density Residential in the 2040 Plan. 11) Caren Road. The City owns four parcels on Caren Road where it meets James Road and Lilac Lane, totaling about two acres. They were guided Low Density Residential in the 2030 Plan but are now guided Park & Open Space in the 2040 Plan, reflecting their actual use as permanent open space. 12) Victoria Highlands. The Victoria Highlands townhomes on the north side of Marie Avenue at Victoria Road occupy about 10 acres. They were guided Low Density Residential in the 2030 Plan but are now guided Medium Density Residential in the 2040 Plan, reflecting their actual use. 13) Eagle Ridge. The Eagle Ridge townhomes in the southeast quadrant of Marie Avenue and Victoria Road occupy about 210 acres. They were guided Low Density Residential in the 2030 Plan but are now guided Medium Density Residential in the 2040 Plan, reflecting their actual use. 14) Valley View Heights Park. This small park at the corner of Cullen Avenue and Timmy Street was guided Low Density Residential in the 2030 Plan but is now guided Park & Open Space in the 2040 Plan, reflecting its actual use as a City park. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-15 15) Rogers Lake Park. This 2.3-acre parcel is part of Rogers Lake Park and had been guided Low Density Residential in the 2030 Plan but is now guided Park & Open Space in the 2040 Plan, reflecting its actual use as a City park. 16) Wagon Wheel Trail at Rogers Lake. The 3-acre City-owned parcel on the south side of Wagon Wheel Trail as it crosses Rogers Lake was guided Low Density Residential in the 2030 Plan, but is now guided Park & Open Space in the 2040 Plan, reflecting its actual use as permanent open space 17) Condon Court. The six residential parcels on Condon Court totaling 1.7 acres were guided LB Limited Business in the 2030 Plan, but have since been reguided and rezoned and are shown in the 2040 Plan as Medium Density Residential, reflecting their current use. 18) Dodd Road at Lake Drive. Two privately-owned residential parcels totaling 1.2 acres were shown in the 2030 Plan as highway right-of-way but are shown in the 2040 Plan as Low Density Residential, their intended use. 19) Mendota Woods. The Mendota Woods single family development on Arbor Court south of Mendota Heights Road was guided HR-PUD in the 2030 Plan, but is appropriately guided Low Density Residential in the 2040 Plan, reflecting the actual use. 20) Kensington PUD Townhomes. The Kensington PUD townhome development, south of Mendota Heights Road at Concord Way and Lockwood Drive, was guided HR-PUD in the 2030 Plan, but is appropriately guided Medium Density Residential in the 2040 Plan, reflecting the actual use. 21) Kensington PUD Single Family Homes. The Kensington PUD single family development, in the southwest quadrant of Mendota Heights Road and Delaware Avenue, was guided MR-PUD in the 2030 Plan, but is appropriately guided Low Density Residential in the 2040 Plan, reflecting the actual use. 22) MnDOT Right-of-Way on Decorah Lane. A small triangular 0.76-acre parcel on MnDOT right-of-way fronting on Decorah Lane east of Dodd Road was guided Low Density Residential in the 2030 Plan, but is now guided Right-of- Way in the 2040 Plan, reflecting its actual ownership. 23) Friendly Marsh Park. A one-acre triangular parcel at the end of Apache Street is part of Friendly Marsh Park, but was guided Low Density Residential in the 2030 Plan. It is now guided Park & Open Space in the 2040 Plan, reflecting its actual use. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-16 24) Old Fire Station Property. Three City-owned parcels totaling 0.5 acres fronting on Dodd Road south of Mendakota Drive were guided Low Density Residential in the 2030 Plan. These parcels were an old fire station, but are now vacant and are bordered by Business uses to the south and single family residential to the north and east. They are guided Business in the 2040 Plan, reflecting their potential for redevelopment to commercial uses. 25) Dodd Road & Market Street. A 2.8-acre City-owned parcel between Highway 62 and Market Street in the Village of Mendota Heights development was guided Mixed Use PUD in the 2030 Plan, but is guided Park & Open Space in the 2040 Plan, reflecting its actual use as permanent open space. 26) Somerset Area, Southwest Part. A large area in the southwest part of what was designated the Somerset Area Focus Area in the 2030 Plan was guided Rural Residential. It is actually developed as single family residential on sewered lots and is guided Low Density Residential in the 2040 Plan. 27) Somerset 19 Condominiums. The two-building condo project at Dodd Road and Wentworth Avenue on 8.1 acres was guided Low Density Residential in the 2030 Plan, but is now guided Medium Density Residential in the 2040 Plan, reflecting its actual density and use. 28) 723 3rd Avenue. The 3-acre privately-owned single family parcel at 723 3rd Avenue was guided Parks in the 2030 Plan, but is now guided Low Density Residential in the 2040 Plan, reflecting its actual ownership use. 29) City Parcel, Highway 13 at Ivy Falls. A narrow 2.6-acre parcel of City-owned land fronting Highway 13 on the bluff where Ivy Falls drains toward the river between Wachtler Avenue and Sylvandale Road was guided Low Density Residential in the 2030 Plan. It is now guided Park & Open Space in the 2040 Plan, reflecting its actual use as permanent open space. 30) Ivy Keep Condominiums. The Ivy Keep condo and townhome project, consisting of about 19 acres at Dodd Road and Ivy Hill Drive, was guided Low Density Residential in the 2030 Plan, but is now guided Medium Density Residential in the 2040 Plan, reflecting its actual density and use. 31) Lilydale Regional Park, St. Paul Parcel. A 0.7-acre parcel at the far northern edge of the City on the west side of Highway 13 is owned by the City of St. Paul and is within the Lilydale Regional Park. It was guided Low Density Residential in the 2030 Plan but is now guided Park & Open Space in the 2040 Plan, reflecting its actual ownership and use. ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKERELLAKEMISSISSIPPIRIVERM IN N E S O T A R IV E R ROGERS LAKELAKEAUGUSTALAK E L E MAYGUN CLUB LAKE DODDRD19 20DODDRD DELAWAREAVESIBLEYMEMORIALHWYMARIE AVE W MENDOTA HEIGHTS RDLEXINGTONAVE LILYDALERDPILOTKNOBRDHUBER DR SI BLEYMEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLERAVE WAGON WHEEL TRL MENDOTA RDHUNTERLNORCHARDPLVICTORIARDSIVYFALLSAVE 5 2 9 21 12 28 138 22 27 4 29 16 26 31 30 10 15 6 3 7 24 23 18 17 32 11 14 25 1 2040 Planned Future Land Use for Properties with Planned Land Use Change from 2030 to 2040 City of Mendota Heights µ0 3,000 6,000 Feet Dakota County, 2017 City boundary LR - Low Density Residential MR - Medium Density Residential HR - High Density Residential B - Business I - Industrial P/S - Public/Semi-Public P - Park & Open Space Open Water Right-of-Way Figure 2-5 February 26, 2019 Source: City of Mendota Heights, Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-18 FOCUS AREAS In the City’s previous comprehensive plans, a number of specific properties in the City were mapped that were either vacant, under-developed, or identified as either potential infill or redevelopment areas. Infill means that the property has the opportunity to develop, or redevelop, beyond its current level. The City is not recommending any land use or rezoning changes on these sites at this time or as part of this plan. A summary of these sites are provided below, along with the Focus Area Map – FIGURE 2-6. 1) Mendota Heights Dog Park. This 9.1-acre site is bounded by Pilot Knob Road on the west, Acacia Boulevard on the north, and Highway 55 on the east. The site is owned by the City and used as an off-leash dog park but is in the industrial park and guided for future Industrial use. 2) 2359 Pilot Knob Road. This area consists of a 3.1-acre property currently used as a single family residence plus a 0.4-acre site owned by the Metropolitan Airports Commission. Both are guided Industrial and might be developed someday for industrial uses. 3) Lloyd’s Barbeque. This 5-acre site is bounded by Highway 13 on the west, and an unnamed extension of Perron Road right-of-way on the north. The property is currently vacant and owned by the adjacent Lloyd’s BBQ business to the south but is potentially developable. Access would be via the street right-of-way on the north side if developed separately. Guided Industrial. 4) Highway 55 and Northland Drive. This 2.2-acre site is vacant and guided industrial, one of very few such vacant parcels in the industrial park. 5) Bourn Lane Site. This 14.8-acre area on Bourn Lane and LeMay Lake Road consists of nine separate parcels owned by the City – a former commercial use on the larger parcel and eight smaller former residential parcels. The City is actively seeking a business or commercial user for the site. 6) 1179 Centre Pointe Circle. This 3.6-acre site is one of two vacant parcels in the Centre Pointe Business Park. It is guided for Limited Business. 7) Centre Pointe Curve & Lexington. This 2.1-acre site is currently vacant and is on the south frontage road to Highway 62. 8) Victoria Curve & Glenhill Road. This 6.3-acre site is vacant and guided for Low Density Residential. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-19 9) Lexington & Highway 13. Three single family parcels totaling 3.1 acres are surrounded on three sides by multi-family development and have been recommended for Medium Density Residential. 10) 2015 & 2021 Vitoria Road South. Two large single family parcels totaling 3.5 acres on the north frontage road to Highway 62 have the potential to develop more intensively. 11) 1026, 1032, & 1036 Dakota Trail. Three single family parcels totaling 2.5 acres on Dakota Trail, the south frontage road to Highway 62, are adjacent to commercial parcels and have the potential more intensively. 12) Lexington Avenue & Wagon Wheel Trail. Bounded by Lexington, Wagon Wheel Trail and I-35E, and adjacent to the Lexington Heights Apartments, these three single family parcels plus a vacant parcel total 5.6 acres. They have the potential to develop more intensively. 13) Patterson Companies. This 2.4-acre vacant parcel on Mendota heights Road and I-35E also fronts I-494. It is guided for Limited Business. 14) Visitation Parcel. The Sisters of the Visitation Monastery own this 28.1- acre vacant parcel on Mendota Heights Road and I-494 just west of Dodd Road. It is one of the largest vacant parcels in the City and is guided as Public/Semi-Public. It has excellent access and visibility to the regional highway system and would be ideal for office or business uses. 15) Friehl Property. This property consists of two parcels (one vacant/one developed) containing 7.2 acres of total land area in the Friendly Hills neighborhood. Both are located behind residences on Mohican Lane and Pagel Road. The property is guided for Residential development. 16) 2455 Delaware Avenue. This is a 2.5 acre, single-family (developed) parcel had explored possible replatting into more single-family lots at one time. 17) Dakota County CDA. This area consists of two separate parcels totaling 11.9 acres owned by Dakota County, part of former reserved highway right-of-way that was never used. The property is guided for Low Density Residential use. 18) Mendota Plaza South Parcel. This 2.1-acre parcel on South Plaza Drive and South Plaza Way is one of two remaining vacant parcels in the Mendota Plaza area south of Dodd Road and Highway 62. Guided for Mixed Use like much of land around this intersection. Mendota Heights 2040 Comprehensive Plan February 2019 Land Use 2-20 19) Mendota Plaza East. This 2-acre parcel at the end of South Plaza Drive is one of two remaining vacant parcels in the Mendota Plaza area south of Dodd Road and Highway 62. It is owned by the Dakota County CDA and is guided for Mixed Use like much of the land the around this intersection. 20) Maple Street Parcel. This area consists of three parcels totaling 1.7-acres owned by the City, but known as the Maple Street parcel. It is the last remaining vacant parcel in the Village of Mendota Heights development north of Highway 62. The City has been actively marketing the property as a site for high density residential or Mixed Use development. 21) Wachtler & Wentworth. This 2.7-acre residential property in the NE quadrant of Wachtler and Wentworth Avenues adjacent to Wentworth Park is guided for Low Density Residential development. There is a home on the property now, but it could be developed more intensely. 22) Somerset Area. This area has been referred to as the “Superblock” due to its collection of large residential lots. It consists of over 20 separate parcels on approximately 90 acres located directly south of Somerset Country Club and Golf Course. The area is developed with single family homes on large lots with private septic systems. The neighborhood is bounded on the east by Delaware Avenue, the north by Wentworth Avenue, and the south and west by smaller single family lots. The neighborhood contains significant wetlands and woodlands making it very rural in quality. The area is guided Rural Residential. Due to the existing large lot configuration, parts of the area have the potential to be further subdivided provided public sewer, water and road systems would be extended to the area. 23) 1170 Dodd Road. This property is identified as the Hella Mears Estate site, and consists of approximately 3.7 acres. The property is guided Low Density Residential. ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKERELLAKEMISSISSIPPIRIVERM IN N E S O T A R IV E R ROGERS LAKELAKEAUGUSTALAK E L E MAY GUN CLUB LAKE DODDRDDODDRDDELAWAREAVESIBLEYMEMORIALHWYMARIE AVE W MENDOTA HEIGHTS R DLEXINGTONAVE LILYDALERDPILOTKNOBRDHUBER DR SI BLEYMEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLERAVE WAGON WHEEL TRL MENDOTA RDHUNTERLNORCHARDPLVICTORIARDSIVYFALLSAVE 14 8 5 17 22 3 6 2 15 9 4 7 1 21 12 16 10 13 23 18 1911 20 Focus Areas City of Mendota Heights µ0 3,000 6,000 Feet Dodd/Highway 110 Somerset Area Dakota County CDA Convent of the Visitation Infill Sites City Boundary Open Water Infill/Redevelopment Areas Figure 2-6 February 26, 2019 Source: Dakota County, 2016, City of Mendota Heights 2018 Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-1 7 Natural Resources The City of Mendota Heights is fortunate to have a wide variety of Natural Resources. These natural resources are an important recreation, aesthetic, and ecological asset to the community of Mendota Heights. During the City’s developing stages, a strong emphasis was placed on preserving high quality open spaces and woodland areas. Residents enjoy numerous lakes, streams, wetlands, open spaces, parks, trails, and the Mississippi and Minnesota Rivers. These natural areas provide tremendous benefits to the community and its residents and are an important focal point of Mendota Heights. GOALS and POLICIES GOAL 7.1: Develop a professional, comprehensive, strategic Natural Resources Management Plan for City-wide natural areas and natural resources. Policies: 7.1.1 Develop capabilities to monitor and implement the Natural Resources Management Plan through City Staff expertise, as well as through partnerships with community groups, volunteers, and adjacent communities and agencies, thus recognizing the interconnectedness of ecosystems. Photo courtesy of Rachel Quick Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-2 7.1.2 Implement a formal Natural Resources Management and Sustainability Commission to aid in the execution of the strategic Natural Resources Plan. 7.1.3 Develop site-specific management plans that identify and prioritize opportunities to enhance and protect the City’s high-quality areas and address significant issues, such as: vegetation plans, tree planting plans, tree inventories, green infrastructure, surface waters, roadside restoration, wildlife management, tree diseases, pests, and invasive species. 7.1.4 Establish and continually update priorities for sites, including public parks and open space, and management activities. 7.1.5 Develop and continually maintain tracking of management activities, using frameworks such as Geographic Information Systems (GIS) to gather, manage, and analyze data. 7.1.6 Develop and implement City strategies to increase tree canopy, during existing operational, new development, and redevelopment activities. 7.1.7 Seek partnerships and grant opportunities to help implement natural resources goals. 7.1.8 Work with Dakota County and other agencies to maintain and/or acquire. Where feasible, natural greenway corridors to foster ecosystem continuity. 7.1.9 Protect steep slopes, bluffs, and other sensitive areas from erosion and other threats, specifically throughout the development process. 7.1.10 Encourage and promote the use of conservation design principles. GOAL 7.2: Protect, connect, restore, buffer, and manage natural areas, wildlife habitat, and other natural resources, for high ecological quality and diversity of plant and animal species. Policies: 7.2.1 Monitor new developments for restoration and invasive plant management. 7.2.2 Monitor tree disease and pest outbreaks (i.e. Emerald Ash Borer) with the implementation of control and replanting programs, such as an Integrated Pest Management program, for current tree diseases as well as emerging diseases and pests. Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-3 7.2.3 Continue to partner with outside agencies and community groups to monitor and control invasive species and noxious weeds. 7.2.4 Restore areas throughout the City with pollinator-friendly or native species to protect and enhance habitat for native pollinators and birds in accordance with City Resolution 2015-79. 7.2.5 Monitor wildlife populations and address over-population as needed. 7.2.6 In new development and redevelopment, retain mature trees that have high ecological value, replace lost trees, and plant additional trees if not present originally. 7.2.7 Explore the development of ordinances and or policies that establish minimum soil standards for development and redevelopment that can support turf, plantings, and/or healthy turf alternatives. 7.2.8 Look for opportunities to reduce or minimize impervious cover City- wide. 7.2.9 Emphasize the use of, and identify areas including public open space and park land, that could be restored to include native species, pollinator plants, wildlife habitat, or turf alternatives. 7.2.10 Prior to approval of landscape and development plans, work with applicants to encourage the preservation and installation of high ecosystem value communities. 7.2.11 Encourage avenues for homeowners to take on ownership of, and responsibility for, boulevard trees where the location of the tree is considered appropriate as well as an overall community benefit. 7.2.12 Implement the strategic planting of trees to avoid monoculture plantings and choose tree species identified as most resilient to changing climate and weather patterns. GOAL 7.3: Protect and restore the natural ecological functions of the City’s water resources with emphasis on the improvement of stormwater management. Policies: 7.3.1 Explore and develop operational and procedural modifications to better enhance and support the thriving of the natural environment. Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-4 7.3.2 Work with partners to implement projects and develop and support programs that encourage infiltration, to reduce stormwater runoff and pollution to water-bodies. 7.3.3 Work with partners to monitor Aquatic Invasive Species (AIS). Set goals for AIS removal and management, and reintroduction of native species. Educate lakeshore owners and residents about AIS. 7.3.4 Identify areas within the City, including public and private land that are lacking adequate stormwater treatment, and other stormwater BMPs. Implement projects to establish functioning stormwater treatment in order to protect and improve the City’s water resources. 7.3.5 Implement the City’s Local Surface Water Management Plan (LSWMP) through the use of ordinances, policies, and development standards. 7.3.6 Carry out steps toward meeting the Minnesota Pollution Control Agency’s (MPCA) Swimmable, Fishable, Fixable water quality standards. 7.3.7 Manage public riparian areas to be resilient to stormwater runoff. 7.3.8 Improve the process for review and inspection of native planting and permanent stormwater Best Management Practices on development projects to increase successful establishment. GOAL 7.4: Enhance and provide public education and understanding of nature, natural systems, and environmental issues by providing programs, materials, and information; while promoting a culture of stewardship on public and private lands. Policies: 7.4.1 Educate adults, families, schools, community groups, and staff on natural resources topics, improving compliance and understanding of environmental regulations and requirements. 7.4.2 Continue to develop, improve, and expand audiences through the use of diverse methods of education and outreach including: programs, field trips, brochures, exhibits, signage, articles, website, video, social media, service learning, and community gatherings and events. 7.4.3 Collaborate with other agencies, such as Watershed Districts, Watershed Management Organizations, and surrounding County and Metropolitan Cities to share information and ideas regarding natural resources. Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-5 7.4.4 Develop and promote stormwater educational outreach programs, using available programs offered through outside agencies, and utilizing volunteer groups such as Master Gardeners, Master Water Stewards, and Master Naturalists. 7.4.5 Implement, encourage, and sustain collaborative City programs such as residential curb-cut raingardens and green infrastructure, throughout road re-construction projects. 7.4.6 Educate homeowners, commercial and institutional property owners, and City Public Works Staff, on turf management Best Management Practices (BMPs), as well as lawn alternatives, to reduce the amount of traditional turf throughout the City. 7.4.7 Develop a Natural Resources webpage on the City’s website that offers City resources, community updates and activities, volunteer opportunities, links to useful resources, and other topics as they relate to natural resources. 7.4.8 Provide education and training on tree care for private landowners. 7.4.9 Engage residents in the strategic planting of trees in order to encourage a more diverse, native community forest. 7.4.10 Develop material (print as well as electronic media) to teach property owners environmentally friendly ‘backyard’ practices, including but not limited to: sustainable lawn care, native plantings, drought-tolerant landscaping, rain gardens, proper disposal of yard and animal waste, and composting. 7.4.11 Educate residents, developers, and others on the impact of noise, and other forms of pollution (i.e. light, air quality, heat, etc.). 7.4.12 Provide programs to support residents in their stewardship efforts. Explore innovative ideas and opportunities to serve the community in stewardship efforts such as grant and rebate programs, curb-side buckthorn pick-up program, City-sponsored tree sale, etc. 7.4.13 Develop and implement City-led initiatives to engage citizens in the stewardship and care of natural areas and infrastructure through programs such as Adopt-a-Park, Adopt-a-Roadside Pollinator Planting, Adopt-a-Boulevard, Adopt-a-Tree, and Adopt-a-Storm Drain. 7.4.14 Implement, evaluate, or enhance citizen participation in monitoring programs such as the Wetland Health Evaluation Program (WHEP), State and Metropolitan Council water monitoring programs, as well as other Citizen Science monitoring programs that monitor vegetation, Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-6 aquatic invasive species, as well as those programs that monitor wildlife such as birds, bats, bees, aquatic wildlife, and insects 7.4.15 Encourage citizen engagement in the City’s annual Municipal Separate Storm Sewer System (MS4) Permit meeting and process, and use this as a forum to share concerns, discuss proposed community initiatives, and offer suggestions concerning stormwater. GOAL 7.5: Address issues that impact air quality, light pollution, and noise pollution, such as vehicle emissions, traffic flow, air traffic, lighting, and street design. Policies: 7.5.1 Evaluate proactive solutions to air quality issues such as the installation of an electric vehicle charge stations, and mass transit options. 7.5.2 Consider taking an advocacy role to encourage the MPCA and the Minnesota Department of Health to address air quality issues and improve air quality. 7.5.3 Strive to monitor and limit community exposure to excessive noise levels and review and evaluate current City policies and ordinances regarding noise. 7.5.4 Develop ordinances that proactively and effectively deal with noise pollution and its impact on all facets of the community, including human, ecological, safety, security, and energy. 7.5.5 Encourage use of research-based systems, such as Backlight-Uplight- Glare (BUG) that reduce light pollution and provide guidelines for effective control of unwanted or unhealthy light for residents, as well as wildlife. 7.5.6 Develop ordinances that proactively and effectively deal with light pollution within the city and work with neighboring communities to coordinate lighting solutions and address its impact on all facets of community: human, ecological, safety, security, and energy. 7.5.7 Increase efforts to provide healthier lighting solutions for residents and the preservation of the City’s natural assets. 7.5.8 Address lighting prior to development or redevelopment by ensuring compliance with lighting ordinances. Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-7 Protect, Connect, Restore, and Manage Ecosystems, Plant Communities and Species The quality of life for the community of Mendota Heights highly depends on how it manages its natural resources—the air, minerals, land, water, and biota that form the foundation to life in the City. This Chapter is a guide for managing the City’s natural resources in a sustainable way. It will help protect and enhance residents’ quality of life for current and future generations by suggesting strategies to protect, connect, restore and manage ecosystems, plant communities, and species. Purpose The environmental benefits provided by the community’s natural resources are essential for human life. Protecting and preserving these natural resources require preventing, and providing treatment for, potential harmful pollutants that can adversely affect the health of our air, water, and soil. Some of the strategies for addressing pollutants include, but are not limited to: stormwater infiltration and treatment, providing flood control, providing and preserving healthy soil for plants, and providing and preserving habitat for pollinators and wildlife. Natural resources can also provide economic value, recreation, health benefits, and aesthetic beauty. Healthy natural resources help ensure that Mendota Heights has a high quality of life that can be sustained far into the future. Mendota Heights Natural History and Landscape General Topography and Drainage The City of Mendota Heights is located near the confluence of the Minnesota and Mississippi Rivers in northern Dakota County. The topography of the City of Mendota Heights varies greatly, from floodplains of the Minnesota and Mississippi Rivers to the primary and secondary bluffs of these rivers. The topography of Mendota Heights includes rolling to hilly terrain interspersed with poorly drained depressions that form many ponds and small lakes. Steep slopes occur along the Minnesota and Mississippi river bluffs on the western and northern borders of the City. The majority of the City is dominated by relatively flat terrain at an elevation approximately 200 feet above the river. Mississippi and Minnesota River floodplain also exists on the City’s western border. Elevation in the City ranges from approximately 690 feet along the Minnesota River to approximately 1,030 feet along the City’s northern border with West St. Paul, as illustrated in the Topography Map – FIGURE 7-1. The surficial geology of Mendota Heights consists of glacial and alluvial (outwash) deposits which cover most of the City. The City of Mendota Heights is within the Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-8 Twin Cities Formation of the Eastern St. Croix Moraine geomorphic area. This area was formed at the southern extent of the Superior and Rainey glacial lobes as they flowed side by side as a single lobe and then terminated to form the St. Croix Moraine. As the glacier retreated and melted, it left behind areas of outwash and till deposit formations. The area of outwash formations that is located in the western portion of the City is comprised of silt, sand, and gravel that were carried, sorted, and deposited by glacial melt-water. The area of till formations located in the eastern two-thirds of the City is composed of unsorted clay, silt, sand, and boulders transported and deposited by glacial ice. Silt and sand lenses are interspersed throughout this formation. The original terrain and vegetation of the area were mainly altered for purposes of farming when the area was first settled. Marshes and wetlands were left relatively undisturbed except for a few ditching projects. More detailed information on the drainage system of the City can be found in the City’s 2018 Surface Water Management Plan (SWMP). Soils The Soil Conservation Service has identified the following soil associations within the City of Mendota Heights:  Nearly Level Soils on the Floodplains. This area is on the floodplains of the Minnesota and Mississippi Rivers, mostly located in the Fort Snelling State Park. The area consists of mixed Alluvial sand and some Sawmill soils. Colo soils, Riverwash, and Peat Muck are also present.  Light Colored, Rolling to Hilly Soils. This general area is in the Morainic part of the County. It is characterized by steep slopes and numerous poorly drained depressions. The soils are extremely variable in depth, texture, and productivity. The major soils include Scandia Kingsley, Hayden, and Burnsville series. Included are soils of the Freer and Adolph series.  Light Colored to Moderately Dark Colored, Rolling to Loose Hilly Soils on Till. In topography and texture, this soil association is mostly the light colored rolling high soils described above. Most of the soils develop from calcareous materials. The major soils in the area include the Hayden, Burnsville, Lester series. ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVERMINNESOTA RI VE R ROGERS LAKE LAKE AUGUS TA L A K E L E M A Y GUN CLUB LAKE DODD RDDODD RDDELAWARE AVESIBLEY MEMORIAL HWYMARIE AVE W MENDOTA HEIGHTS RDLEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR S I B L E Y MEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRL MENDOTA RDHUNTER LNORCHARD PL VICTORIA RD SIVY FALLS AVE 900'850' 8 0 0 '750'950'700'1000'750'900' 900'850'850'850'900'900' 900' 9 5 0 '900'8 5 0 ' 750'900'850' 900'850'850'800'900'900'7 0 0 '900'900'900' 8 5 0 '850'850'850'900'950'900'850'900'950'850'900'8 5 0 '900'900'900' 850'950'900'850'9 0 0 '850'700'900'700'8 5 0 ' 850' 900'900'950'900'850'900'1000'900'950'700'850'750' 800' 900' 9 0 0 ' 8 5 0 '700'8 5 0 '900'900' 850'900'900'900' 850 ' TopographyCity of Mendota Heights µ0 3,000 6,000 Feet 50' Contour Lines Elevation up to 700' Elevation 700' - 750' Elevation 750' - 800' Elevation 800' - 850' Elevation 850' - 900' Elevation 900' - 950' Elevation 950' - 1,000' Elevation above 1,000' City Boundary Land Parcel Line Open Water Dakota County, 2016 Figure 7-1 February 26, 2019 Source: City of Mendota Heights, Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-10 Rivers, Streams, Lakes, and Wetlands The City of Mendota Heights has many water resources available for the use and enjoyment of its residents. These include rivers, lakes, wetlands, and streams that are important surface water resources within the community. Many of these major water resources are State of Minnesota Public Waters and are protected as such. Additional and more comprehensive information regarding the City’s surface water resources, and surface water resources related issues; including impaired waters, assessments, and subsequent action steps can be found in the City’s 2018 Surface Water Management Plan (attached as APPENDIX – B of this plan). Lakes Lake Augusta Lake Augusta is a Minnesota Department of Natural Resources (DNR) public water, identified as Public Water 81P. It is a land- locked lake, with a maximum depth of 33 feet, a median depth of approximately 18 feet, and an area of approximately 44 acres. The area of its watershed is approximately 410 acres, giving a watershed to lake-ratio of 9.3 to 1. Lake Augusta is included in the State’s Impaired Waters List for Nutrients Impairment, and as a result has been approved for a Total Maximum Daily Load Study. The City has partnered with the Lower Mississippi Water Management Organization to conduct a feasibility study for Lake Augusta, to potentially address the issues of erosion, nutrients, and the possibility of creating an outlet. Lemay Lake Lemay Lake is a Minnesota DNR Public Water, identified as Public Water 82W, and is located in the upper reaches of the Industrial Park drainage district. It is a Source: Dakota County GIS Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-11 shallow lake with a maximum depth of approximately 13 feet. Shallow lakes are typically dominated by wetland habitat that provide critical resources for fish and wildlife. Lemay Lake has a watershed of 98.5 acres with a surface area of 30 acres, giving a watershed to lake- ratio of 3.3 to 1. The Lake drains via an outlet that extends under Hwy 55. Gun Club Lake Gun Club Lake and the stream that serves as its outlet are DNR public waters, identified as Public Water 78P. The lake resides within the floodplain of the Minnesota River, and is located in the Lower Minnesota River Watershed District. The lake discharges to an unnamed stream that flows to the Minnesota River. Although Gun Club Lake resides within city limits, it is managed by Fort Snelling State Park. Rogers Lake Roger’s Lake is a DNR Public Water (80P). It is a shallow lake, with a maximum depth of 8 feet. Its surface area is approximately 114 acres, with a watershed of approximately 366 acres, giving it a watershed to lake- ratio of 3.2 to 1. The lake discharges to the City’s storm sewer system along Wagon Wheel Trail. Source: Dakota County GIS Source: City of Mendota Heights Source: City of Mendota Heights Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-12 Friendly Marsh and Copperfield Ponds This lake consists of three separate basins referred to as the Copperfield Ponds, which contain the two upper basins; and Friendly Marsh, which is the lower basin, and has a normal water level of approximately two feet lower in elevation than the two upper basins. The upper two basins are separated by a narrow isthmus, and connected by a culvert. These three basins are identified as Minnesota DNR Public Water 103P. Given the differences in normal water level elevations for each of these three basins, the hydrologic model considers these three separate basins. Streams and Rivers Interstate Valley Creek Interstate Valley Creek is an intermittent stream that begins near the intersection of Highway 62 (formerly 110) and Highway 149 (Dodd Road) at the outlet of Friendly Marsh. The creek flows northward, and generally parallels Interstate 35E. A portion of the creek is identified as a DNR Public Water, and is also on the State’s Impaired Waters List for the pollutant E-coli. A Total Maximum Daily Load Study has been approved for this creek as a result. Interstate Valley Creek has the single largest watershed within the City of Mendota Heights. Its watershed also includes areas within the cities of Inver Grove Heights, Sunfish Lake, and West St. Paul. Source: City of Mendota Heights Source: City of Mendota Heights Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-13 Ivy Falls Creek Ivy Falls Creek is an intermittent stream that begins within the Somerset Golf Course and flows northwest, discharging to Pickerel Lake in the City of Lilydale. The gradient of the creek is steep; dropping 180 feet in elevation from Dodd Road to Highway 13, and flows over a 50-foot waterfall before terminating in Pickerel Lake. This steep gradient makes the creek susceptible to erosion. Minnesota and Mississippi Rivers The Minnesota and Mississippi Rivers are Minnesota Public Waters within the City of Mendota Heights, but the shorelines of these rivers are under the jurisdiction of, and managed by, Fort Snelling State Park. Source: City of Mendota Heights Source: City of Mendota Heights Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-14 Wetlands Wetlands are an important surface water resource and significant asset to the City and its residents. They provide a variety of benefits and functions including filtering stormwater pollutants, providing flood protection and storage, and providing wildlife habitat and recreational enjoyment. The City contains many wetland areas that vary in quality. Most are impacted by stormwater runoff, with some receiving direct input from storm pipes. Wetland areas are protected under the Minnesota Wetland Conservation Act (WCA) and Minnesota Rule 8420. The City Council is also the Local Government Unit for Mendota Heights, and is responsible for administrating the Wetland Conservation Act (WCA) within the City. In accordance with State Rules and the Minnesota WCA, the City has adopted and maintained a Wetlands Systems Ordinance under City Code Title 12-2-1 and provides for Wetland Protection under City Code Title 14-1-9, all of which help ensure the preservation and enhancement of the functions and values of its wetlands. It is anticipated that the Wetland Management Plan, through wetland inventorying, will provide a planning tool for the City to use for future projects that may affect wetlands. The inventory of wetlands will allow the City to identify restoration areas within public lands, enhance wetland value for wildlife, provide and enhance recreational values of wetlands, designate wetland restoration or enhancement opportunities, protect wetlands and adjacent resources that provide valuable ecological support, and provide stormwater protection. The City is also an active participant in the Wetland Health Evaluation Program (WHEP), which engages citizens in evaluating and monitoring the health of wetland areas throughout the City. The City’s Wetland Map - Figure 7-2 is included herein and also included as part of the City’s 2018 Stormwater Management Plan (SWMP). More detailed information on the City’s wetlands can be found in the 2018 SWMP. Floodplain Although the City of Mendota Heights is located in close proximity to the Mississippi River and the Minnesota River, floodplain does not exist within developed areas of the City. As the Floodplain map portrays, there is floodplain on both sides of the Mississippi River and Minnesota River, within the cities of St. Paul, Lilydale, Mendota, and Eagan. This floodplain makes up the majority of the northwest boundary of the City. ),*85( Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-16 Watersheds Mendota Heights is part of two watersheds: The Lower Mississippi and Lower Minnesota River watersheds, which are illustrated on the Hydrography Map – Figure 7-3. The Lower Mississippi River Watershed Management Organization (LMRWMO) encompasses 50 square miles in Dakota and Ramsey Counties. Other surrounding communities include: Inver Grove Heights, Lilydale, St. Paul, South St. Paul, Sunfish Lake, and West St. Paul. The LMRWMO was established by a Joint Powers Agreement in 1985. The watershed contains well-drained soils with many small depressions and steep slopes. Issues of concern include water quality, erosion control, wildlife habitat and water recreation. The Lower Minnesota River Watershed District (LMRWD) is located in the southwest part of the Twin Cities metropolitan area along the Minnesota River. The district boundaries encompass an area of 64 square miles of Carver, Hennepin, Dakota, Scott, and Ramsey counties, which includes the Minnesota River Valley from Fort Snelling, at the confluence of the Minnesota and Mississippi rivers, upstream to Carver, Minnesota. The width of the district includes the bluffs on both sides of the Minnesota River within this reach of the river. The City of Mendota Heights entered into an agreement with the Lower Minnesota River Watershed District in 2005. Issues of concern include dredging, spoil site acquisition, and bank erosion control. Below is a list and brief summary of the major surface water resources in the City: ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVERMINNESOTA RI VE R ROGERS LAKE LAKE AUGUS TA L A K E L E M A Y GUN CLUB LAKE DODD RDCAPITOL REGIONWATERSHED DISTRICT DODD RDDELAWARE AVESIBLEY MEMORIAL HWYMARIE AVE W MENDOTA HEIGHTS RDLEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR S I B L E Y MEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRL MENDOTA RDHUNTER LNORCHARD PL VICTORIA RD SIVY FALLS AVE LOWER MISSISSIPPI RIVER WATERSHEDMANAGEMENT ORGANIZATION EAGAN-INVER GROVE WATERSHED MANAGEMENT ORGANIZTION LOWER MINNESOTAWATERSHED DISTRICT HydrographyCity of Mendota Heights µ0 3,000 6,000 Feet City Boundary Watershed Boundary Open Water Wetland 100-Year Floodplain 500-Year Floodplain Dakota County, 2018 Figure 7-3 February 26, 2019 Source: FEMA, City of Mendota Heights, Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-18 Significant Vegetation The City of Mendota Heights contains a wide variety of forested areas including a large amount of floodplain forest along the Mississippi and Minnesota Rivers. There is a large area of altered, non-native deciduous forest on the east side of Gun Club Lake. The Significant Vegetation Map – FIGURE 7-4 illustrates the location of wooded and forested areas throughout the City. A Minnesota Land Cover Classification System (MLCCS) search was performed for the areas below the bluffs. The bluffs themselves are upland areas. The MLCCS Summary Table below (City of Mendota Heights 2018 SWMP, Section 2.6) provides a list of the land cover types below the bluffs and the area of each type that falls within the Mendota Heights City limits. Of special note is the presence of a calcareous seepage fen prairie. The Lower Minnesota River Watershed District considers calcareous fens to be high priority areas for wetland preservation and restoration. MLCCS Summary of Areas Below the Bluffs for Mendota Heights Land Cover Description Total Area (acres) Oak (forest or woodland) with 11-25% impervious cover 1.9 51% to 75% impervious cover with deciduous trees 18.0 Pavement with 91-100% impervious cover 2.5 Short grasses with sparse tree cover on upland soils 10.2 Short grasses on upland soils 5.5 Oak forest 3.9 Floodplain forest 209.8 Lowland hardwood forest 6.1 Aspen forest - temporarily flooded 1.5 Mixed hardwood swamp - seasonally flooded 7.2 Altered/non-native deciduous woodland 2.8 Altered/non-native dominated temporarily flooded shrubland 0.8 Willow swamp 3.3 Medium-tall grass altered/non-native dominated grassland 12.8 Temporarily flooded altered/non-native dominated grassland 2.0 Calcareous seepage fen prairie subtype 37.0 Mixed emergent marsh - seasonally flooded 62.5 Mixed emergent marsh 106.4 Mixed emergent marsh - intermittently exposed 57.2 Mixed emergent marsh - permanently flooded 22.1 Grassland with sparse deciduous trees - altered/non-native dominated vegetation 3.4 River mud flats 3.6 Slow moving linear open water habitat 139.3 Limnetic open water 145.1 Palustrine open water 41.6 ?ÞA@ %&c( %&f( ?ØA@ ?±A@ ?ØA@ %&c( MENDOTA LILYDALE PICKEREL LAKEMISSISSIPPI RIVERMINNESOTA RI VE R ROGERS LAKE LAKE AUGUS TA L A K E L E M A Y GUN CLUB LAKE DODD RDDODD RDDELAWARE AVESIBLEY MEMORIAL HWYMARIE AVE W MENDOTA HEIGHTS RDLEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR S I B L E Y MEMORIALNORTHLAND DR WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRL MENDOTA RDHUNTER LNORCHARD PL VICTORIA RD SIVY FALLS AVE Significant VegetationCity of Mendota Heights µ0 3,000 6,000 Feet City Boundary Open Water Wetland Altered/Non-Native Deciduous Forest Altered/Non-Native Deciduous Woodland Altered/Non-Native Mixed Woodland Aspen Forest Floodplain Forest Lowland Hardwood Forest Maple-Basswood Forest Oak Forest White Pine-Hardwood Forest Mesic Prairie Figure 7-4 February 26, 2019 Source: Dakota County MLCCS, 2013 Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-20 A variety of vegetation also surrounds Lake Augusta and Lemay Lake, including the following: altered/non-native deciduous forest, altered/non-native deciduous woodland, oak forest, native dominated disturbed upland shrubland, and aspen forest. The east side of 35E within the City of Mendota Heights, just before entering Lilydale, contains a variety of vegetation, from altered/non-native deciduous forest, altered/non-native deciduous woodland, altered/non-native mixed woodland, oak forest, floodplain forest, and lowland hardwood forest. There are also pockets of a variety of forests and woodlands between 35E and the boundary with West St. Paul and Sunfish Lake, especially surrounding the water features. Site Classifications and Natural Resources Issues Natural areas abound in Mendota Heights on public as well as on private lands. The City manages natural resources at both the site level and by broad, City-wide natural resource issues, through City policies and ordinances, collaboration with other agencies and citizen groups, and the use of adopted plans and guidance documents. Parks and Trails Some of Mendota Heights’ Parks have areas of woodland or naturalized landscapes. Park natural areas with high ecological quality should be prioritized and actively managed. Open Spaces There are many other City-owned natural areas that are not part of Mendota Heights’ Park System. Many of these contain wetlands or steep slopes. Some have high quality oak woodlands. Open spaces provide habitat, natural resource connections, stormwater management, and visual interest. Some open space sites have moderate to high ecological quality and should be inventoried and identified on an ecological overlay as part of the City GIS mapping and asset inventory. Active management is needed to sustain these high quality resources. Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-21 City-wide Natural Resources Issues and Natural Resources Trees and Urban Forest Mendota Heights’ urban forest includes boulevard trees, park trees, woodlands, and trees on private property. The City’s forestry program includes: trimming and removal of trees on City property, tree planting on City property, diseased tree inspection and management when feasible, and education and outreach. In 2017, Emerald Ash Borer was documented for the first time in Mendota Heights. The City began ash tree removals on City property in December 2017, and will continue management into the future. The City anticipates it will lose most of its ash trees to this invasive insect. Given the proximity of Mendota Heights to the Mississippi and Minnesota Rivers and accompanying tree-lined bluffs, the City has an opportunity and responsibility to protect and enhance native species of trees in the City. The management, removal, and replacement of invasive trees and shrubs with native species helps sustain the City’s natural resources, the river bluffs, critical areas, ecological communities, as well as quality of life for the community. Urban Wildlife Large areas of contiguous habitat are needed for healthy, diverse wildlife. The City’s approach to wildlife management is on providing habitat for wildlife. While the City does not manage for particular species, it does strive to manage for and increase native plant diversity to provide higher quality habitat for native pollinators. The City became a Pollinator Friendly City in 2016 (see Pollinator Resolution 2016-01, dated January 5, 2016, within the Appendix). In accordance with that policy, and best practices for protecting and increasing native pollinators, the City will continue its efforts to protect native pollinators as well as other beneficial insects. Urban wildlife can sometimes become a nuisance by damaging gardens, congregating in yards, or creating public safety issues. The City has a deer Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-22 management program in Valley Park which monitors deer population and uses annual bow-hunt removals. The City does not have removal programs for geese, turkey, beaver or other wildlife. Meadows and Prairies Historically, Mendota Heights had several areas of native grassland prairie. Much of that has been lost to development, although there may be some small fragmented areas that remain within the City as illustrated on the Significant Vegetation Map – FIGURE 7-4. Prairies and meadows are beneficial to native pollinators and other wildlife such as non-migratory and migratory birds, as well as for stormwater infiltration, filtration, and interception. Reestablishing native meadows and prairies throughout the City will help create contiguous pollinator corridors, provide sustainable management practices, and cost savings measures. Private Property Private, residential, commercial, industrial, and other land uses are an integral part of the City’s overall ecosystem and play an important role in the health of birds, pollinators, wildlife, water quality, and more. The City will engage in outreach activities, various collaborative opportunities for home and business owners (e.g., curb-cut raingardens with road reconstruction projects), and educational forums, in order to enhance knowledge, encourage environmentally sustainable behaviors, build community, and enhance the overall health of the City’s ecosystem. Invasive Vegetation Invasive vegetation is vegetation that is non-native (or alien) to the ecosystem under consideration; and whose presence or introduction causes, or is likely to cause, economic or environmental harm or harm to human health. Controlling invasive vegetation before it becomes widespread is more effective and less costly than managing it after widespread establishment. The City has a responsibility to control or eradicate species on the State Noxious Weed list. Source: City of Mendota Heights Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-23 Surface Water Quality The City has a diverse collection of surface water resources within its boundaries including lakes, streams, rivers, and wetlands. Protecting these resources requires ensuring that the storm water that enters these surface waters does not degrade, or further degrade, the health of the City’s surface water resources and the aesthetic, ecological, and recreational benefit they provide. The City utilizes a variety of strategies to monitor and protect its surface water resources including:  Collaboration with other government agencies, community groups, and citizens to help monitor and protect these resources.  The City uses its current Surface Water Management Plan (SWMP) as a guide to conserve, protect, and manage the City’s surface water resources.  The City of Mendota Heights holds a required National Pollution Detection and Elimination System (NPDES Phase II) Municipal Separate Storm Sewer System (MS4) permit (see the SWMP, within the Appendix) with the Minnesota Pollution Control Agency, that includes an evaluation of the City’s stormwater system, and a Surface Water Pollution Prevention Plan (SWPPP), that identifies Best Management Practices, goals, and actions for implementation.  The City works in conjunction with Watershed Districts, Watershed Management Organizations, and other government agencies to establish strategies for addressing its impaired waters. Surface waters are designated as impaired if they do not meet State standards for their designated use due to a specific pollutant or stressor. Impaired Waters within Mendota Heights include the Minnesota River, Interstate Valley Creek, and Lake Augusta.  The City also has adopted water resources management ordinances and policies that include Title 14, Chapter 1 of City Code: Stormwater Management, Illicit Discharge, Soil Erosion, and Sedimentation, which establishes standards and specifications for conservation practices and planning activities to protect and enhance water quality. Mendota Heights 2040 Comprehensive Plan February 2019 Natural Resources 7-24 Issues and Opportunities The City of Mendota Heights finds it critical to prioritize projects to protect and manage the most important sites to make the best use of funding and staff time. The science of managing natural systems continues to evolve. The City will continue to cultivate strong partnerships with other agencies, non-profits, and citizen groups to seek expertise in the management of its natural resources. Additionally, the City will strive to educate residents on environmental issues and foster stewardship and volunteerism. Grants for enhancing natural areas that are available through State, County, and other agencies should be vetted on an ongoing basis by City staff. The City should inventory and track natural resource assets such as open space sites, public trees, and permanent stormwater Best Management Practices (BMPs). This will provide an opportunity to better manage these resources. The City should also manage all of its surface water resources using scientifically based, common sense approaches that meet or exceed regional, state, and federal regulatory requirements. Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-1 8 Resilience Resilience can be defined as the ability to recover from difficulties – the ability to return to a sense of normalcy. Preventing disasters is the first priority but responding effectively to disasters is also essential to be resilient. Between 2012 and 2018 alone, Mendota Heights faced three serious emergencies, two of which were weather-related, the other infrastructure related. To be resilient Mendota Heights needs to anticipate disasters and be ready to respond to catastrophic events. In the wake of climate change, our community’s resiliency will likely be challenged, since extreme weather is likely to continue with increased frequency. This chapter outlines reactive strategies for handling emergency services in the event of disaster as well as proactive strategies for mitigating the effects of climate change. The world’s climate is changing, and the growing frequency and large-scale impact of severe weather events demonstrates the importance of building a foundation of resilient systems to meet ordinary and extraordinary circumstances. Resilience is not a required element for the 2040 comprehensive plans in the region, but Mendota Heights is committed to investing in resilience. Supporting resilience strategies will protect local and regional vitality for future generations by preserving our capacity to maintain and support our region’s well-being and productivity. Considerations of vulnerabilities in resilience strategies, and response to those vulnerabilities, will strengthen community preparedness and response to climate impacts. The Resilience update for Mendota Heights primarily focuses on goals and policies related to: 1) Hazard mitigation and emergency response; 2) Climate action; 3) Resilient energy; and 4) Resilient food systems. Additional chapters within the Mendota Heights 2040 plan also contribute to building resilience in Mendota Heights, which include Land Use; Natural Resources; Parks and Trails; Transportation; and Economic Development. Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-2 Hazard Mitigation & Emergency Response  Dakota County Hazard Mitigation Plan In 2016, Dakota County developed an All-Hazard Mitigation Plan. This plan incorporated numerous cities and townships in Dakota County and was developed to identify and prepare for a variety of hazards such as flooding or tornadoes before they occur. The purpose of the plan is to reduce the loss of lives and property damage in the event of a hazard occurring in the area. The All-Hazard Mitigation Plan includes a list of goals, objectives and strategies for the county to better prepare and coordinate efforts for disasters. The goals of the plan include: 1) Reduce Hazard Risks and Impacts; 2) Build on Existing Efforts; and 3) Share Information and Raise Awareness. This plan serves as a framework for managing public and private investment in the face of a changing climate and more severe storm events.  Mendota Heights Emergency Operation Plan The Emergency Operations Plan (EOP) was written to ensure a coordinated, effective response by elected officials and city staff to disasters that create significant disruption and stress to community resources. The plan was written per state and federal law to describe proper management of a given emergency or disaster. The purpose of the plan is to: 1) Maximize the protection of life and property; 2) Stabilize incidents; 3) Effectively respond to an emergency or disaster; 4) Ensure the continuity of government and continuity of services; and 5) Provide recovery and restoration of services This framework is intended to account for resources and procedures that will allow for the effective response to an emergency or disaster. Climate Action Minnesota, Dakota County, and the City of Mendota Heights are already experiencing the impacts of a changing climate. Climate trends suggest that in the next 50 years we will experience increased precipitation, hotter summers, warmer and wetter winters, and more severe weather events. These changes can damage infrastructure, disrupt essential services, drain resources and impact a City’s capacity to respond to citizen’s needs. Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-3 These climate changes are also expected to have substantial impacts on public health and emergency responders as a result. Direct impacts include increases in injuries and deaths attributed to extreme heat events, extreme weather events (e.g., floods), air pollution, and vector-borne and other infectious diseases (see Figure 8-1 below). Climate resilient communities can prevent the worst public health and economic impacts of climate change by effectively adapting the built environment to climate change and reducing greenhouse gas emissions to mitigate the impacts of climate change. Figure 8-1 Source: Health Effects of Climate Change, 2016. Minnesota Department of Health. www.health.state.mn.us/divs/climatechange/climate101.html Many of the solutions to reducing impacts are already a part of our municipal government expertise. In many instances, responding to climate change does not require large scale changes to municipal operations, but simply requires adapting existing plans and polices to incorporate knowledge about changing levels of risk across key areas such as public health, infrastructure planning and emergency management. Strategies which strengthen resilience in time of emergency also help communities thrive even more during good times. Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-4 GOALS and POLICIES – Hazard Mitigation & Climate Action GOAL 8.1: Protect and maintain infrastructure and constructed systems that provide critical services. Policies: 8.1.1 Assess public buildings and sites for vulnerabilities to extreme weather and make improvements to reduce or prevent damage and sustain function. Increase the resilience of natural and built environment to more intense rain events and associated flooding. 8.1.2 Improve the reliability of back-up energy for critical infrastructure. Support well-planned improvements to the private utility and communications networks that provide efficiency, security and needed redundancy. 8.1.3 Continue to explore and incorporate new and emerging technologies to construct, rehabilitate, maintain and manage public assets and infrastructure in an efficient, cost effective manner. 8.1.4 Increase tree canopy in areas with low coverage, areas with high heat vulnerability and areas exposed to more vehicle exhaust. GOAL 8.2: Proactively maintain public health and safety during extreme weather and climate-related and other unforeseen events. Policies: 8.2.1 Continue to work with Dakota County in updating the All-Hazard Mitigation Plan and partner to ensure essential needs of all residents are met during an emergency. 8.2.2 Investigate funding opportunities to support the City’s resilience efforts. 8.2.3 Conduct a Population Climate Vulnerability Assessment to outline priority vulnerabilities and identify available resources to strengthen community capacity to respond. 8.2.4 Designate appropriate facilities that will be made available to the public as community safe shelters and arrange for adequate provisions and backup power. 8.2.5 Coordinate with emergency dispatch and first responders to address the specific concerns of residents who may be more vulnerable in each type of event. Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-5 GOAL 8.3: Promote social connectedness and build an engaged community of resilience. Policies: 8.3.1 Strengthen working relationships with community organizations to support the most at-risk residents. 8.3.2 Promote education and outreach with the community on the health impacts and risk mitigation of air pollution, longer allergy seasons, extreme heat, water quality changes, and vector-borne disease. 8.3.3 Promote and report on the City’s sustainability and resilience projects and initiatives. 8.3.4 Review ordinances with respect to recreational fires and particulate emissions and update as needed to protect and maintain healthy air quality. Resilient Energy Local renewable energy resources are abundant and readily available for economic capture. Renewable energy resources currently available in Mendota Heights include solar, with the potential to incorporate wind, biomass, geothermal, and efficiency resources (e.g. building improvements for energy efficiency). All of these resources should be evaluated for use at residential, private and community scale. Mendota Heights must set goals and policies that treat sustainable local energy resources as an economically valuable local resource. Strategies to reduce energy consumption including alternative modes of transportation must be initiated.  Renewable Energy Efforts in Mendota Heights The City of Mendota Heights is committed to a resilient future, including promoting renewable energy where feasible. The City has existing code language supporting residential rooftop and ground-mounted solar development throughout the community. Although solar energy systems are allowed in all zoning districts, systems must be accessory to the primary land use. Large-scale commercial solar farms or gardens are not currently allowed in Mendota Heights. The ordinance also addresses building-integrated solar systems and passive solar energy systems. As stated in the goals for this chapter and emphasized in their code of ordinances, Mendota Heights supports the development of solar energy systems that result in a net gain in energy and do not have negative impacts on surrounding uses and Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-6 surrounding solar access. This Plan also includes information on gross solar resources to provide data context to these recommendations.  Gross and Rooftop Solar Resources The Metropolitan Council has calculated the gross and rooftop solar potential for the City of Mendota Heights to identify how much electricity could be generated using existing technology. The gross solar potential and gross solar rooftop potential are expressed in megawatt hours per year (Mwh/yr), and these estimates are based on the table in FIGURE 8-2 (below): Figure 8-2 Developed areas with low building heights and open space areas have the highest potential for solar development in the City. Many of the developed neighborhoods and some natural areas in Mendota Heights do not have high gross solar potential due to existing tree cover. This gross development potential is illustrated on the Gross Solar Potential Map – Figure 8-3 35E Mendota Heights DODD RDWENTWORTH AVE W HIGHWAY 110 MENDOTA HEIGHTS RDLEXINGTON AVE SONEILL RD DELAWARE AVEPILOT KNOB RDHIGHWAY 13MARIE AVE W 55 55 62 High : 1276135 Low : 900001 Solar Potential under 900,000 watt-hours per year County Boundaries City and Township Boundaries Wetlands and Open Water Features Gross Solar Potential Source: University of Minnesota U-Spatial Statewide Solar Raster. ANOKA DAKOTA HENNEPIN RAMSEY SCOTT WASHINGTON CARVER Extent of Main Map 0 1 20.5 Miles 12/22/2016 City of Mendota Heights, Dakota County Gross Solar Potential (Watt-hours per Year) MENDOTA LILYDALE Gross Solar Potential City of Mendota Heights µ0 3,000 6,000 Feet City Boundary 35EMendotaHeights DODD RD WENTWORTH AVE WHIGHWAY110 MENDOTA H E I G H T S R DLEXINGTON AVE S ONEILL R D DELAWARE AVEPILOT KNOB RDHIGHWAY 13MARIE AVE W 55 55 110 High : 1276135 Low : 900001 Solar Potential under 900,000 watt-hours per year County Boundaries City and Township Boundaries Wetlands and Open Water Features Gross Solar Potential Source: University of Minnesota U-Spatial Statewide Solar Raster. ANOKA DAKOTA HENNEPIN RAMSEY SCOTT WASHINGTON CARVER Extent of Main Map 0 1 20.5 Miles 12/22/2016 City of Mendota Heights, Dakota County Gross Solar Potential (Watt-hours per Year) Figure 8-3 February 26, 2019 Source: Metropolitan Council Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-8 The City is committed to demonstrating and providing solar development within the community and on city-owned properties. In 2017 through 2018, the city worked with a solar energy consultant group to provide up to 140-KW of solar energy production at various city-owned sited, including a 40-KW solar field at City Hall, a 60-KW rooftop system at the Public Works facility, and two smaller 20-KW rooftop systems at the Par 3 Gold Course and Fire Station facility, respectively. Images of the City Hall field and rooftop system at Public Works are shown below:  Alternative Transportation In our daily lives, a large portion of the energy we consume is a result of the way we move through our community. The mode of transportation in which we chose impacts the amount of energy we use. By supporting alternative modes of transportation, the City helps to enable its citizens to make choices that reduce energy consumption. The utilization of modes of transportation that require less energy than single-occupancy automotive vehicles reduces dependency on finite resources and reduces emissions of greenhouse gasses. See the Transportation Chapter for specific goals and policies. GOALS and POLICIES - Resilient Energy GOAL 8.5: Continue to support, plan for, and encourage the use of solar energy as a renewable energy source. Policies: 8.5.1 Consider modification of existing ordinances to protect access of direct sunlight to rooftops of all principal structures. 8.5.2 Encourage developers to establish covenants that do not restrict the development and use of active and/or passive solar energy systems. 8.5.3 Encourage the installation of solar energy system options, for space heating and cooling and hot water heating in residential, commercial and industrial buildings. City Hall Solar Field Public Works Facility – Rooftop Solar Panels Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-9 8.5.4 Consider a site-specific solar energy capacity study for industrial and/or commercial sites to identify the most beneficial placement for solar Photo-Voltaic (PV) development. 8.5.5 Provide information on grants and incentives for alternative energy. GOAL 8.6: Adopt climate mitigation and/or energy independence goals to reduce greenhouse gas emissions. Policies: 8.6.1 Explore and investigate means to track city vehicles and facility emissions to formulate a baseline and establish greenhouse gas reduction goals every 5 to 10 years to assure progress in City emission reductions. 8.6.2 Explore collaborating regionally to reduce greenhouse gas emissions. 8.6.3 Begin the application process to the Minnesota Green Step Cities Program. 8.6.4 Encouraging alternative fuel stations, electric vehicle charging stations, and supporting infrastructure at commercial sites, office sites, parking ramps and residential sites. GOAL 8.7: Support long-range planning efforts to build the community’s renewable energy capability and maximize the benefits of renewable energy development. Policies: 8.7.1 Regularly review renewable energy policies and programs, including the alternative energy systems ordinance (§12-1D-18). 8.7.2 Support mass transit goals as detailed in Transportation Section 3. 8.7.3 Consider housing options along transit corridors as a strategy for reducing the consumption of fossil fuels. 8.7.4 Prioritize infrastructure improvements that support walking and biking as an integral part of the transportation system. Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-10 Resilient Food System The well-being of our residents is vital to long-term sustainability and prosperity of our community. Income, education, transportation, jobs and economic development, housing, land use, and the environment all influence our ability to access a healthy diet. Despite Minnesota’s reputation of being a diverse and rich agricultural state, not everyone has access to healthy and affordable food. Minnesota ranks 7th lowest in access to healthy foods and is second only to Texas for the worst access in rural areas.1 Reliable access to affordable, healthy food can help reduce rates of preventable diseases, improve health, foster community, and support economic development (refer to Figure 8-3 below). Figure 8-3: Factors of Community Health Source: Food Access Planning Guide, 2014. MN Food Charter. http://mnfoodcharter.com/wp- content/uploads/2014/10/FAPG_PlanGuide_D9_LINKS_LR.pdf Local planning policies can reduce or reinforce structural barriers that prevent our food supply from being as healthy, equitable, affordable, and resilient as we would like it to be. By prioritizing policy initiatives at a local level that support a robust food infrastructure (see Food System Figure 8-4 below), Mendota Heights can help improve the quality of life for its residents and leave a legacy of health for future generations. Figure 8-4: What is the Food System? Source: Food Access Planning Guide, 2014. MN Food Charter ________________________________________________________________________________________ 1 Healthy Food Access: A View of the Landscape in Minnesota and Lessons Learned from Healthy Food Initiatives; Federal Reserve Bank MN & Wilder Research – April 2016; E. Rausch & P. Mattessich. Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-11  Small Scale Food Production in Mendota Heights The City of Mendota Heights has an opportunity to build from established food system policy efforts, currently including:  Keeping Chickens: The City of Mendota Heights permits residents to keep up to six female chickens for the purpose of individual egg production (§12- 1D-3). The City’s code specifies coop and run requirements as well as guidance on proper care and the permitting process for domestic chickens on residential lots.  Farming Operations: Existing farms are permitted in the City, with the exception of animal farming (§12-1D-8). Farmers may also sell products produced at an on-site farm stand.  Access to Food Markets There are no grocery stores or supermarkets within the City of Mendota Heights. Although such markets exist in neighboring municipalities, access to those stores is largely dependent on the automobile. As the population ages, access via automobile may become problematic.  Disposal of Food Waste and Organic Recycling The City of Mendota Heights participates in Dakota County’s curb-side recycling program and residents can opt-in to participating in the County’s organics drop off program in West St. Paul. Businesses are also eligible to participate in recycling programs with the County to further reduce waste in the City. As technology advances, the City will study the feasibility of introducing curb-side organic recycling programs as has been done in other municipalities in efforts to reduce waste. Mendota Heights 2040 Comprehensive Plan February 2019 Resilience 8-12 GOALS and POLICIES – Resilient Food System GOAL 8.8: Explore opportunities to support land use guidance and regulations to support practices that integrate healthy food production in residential settings and support food-related businesses and activities. Policies: 8.8.1 Review and update regulations governing food processing businesses, such as commercial kitchens, flash freezing businesses, and small scale home kitchen businesses. 8.8.2 Support the development of a Mendota Heights Farmers Market as an accessible and reliable source for local, healthy food. 8.8.3 Support innovative local food production solutions such as aquaponics, hydroponics, indoor agriculture, backyard gardening and composting, community gardens, and urban farming, where appropriate. 8.8.4 Encourage edible and pollinator-friendly landscapes on residential properties. 8.8.5 Support innovative practices such as mobile food markets and mobile food pantries/food shelves that can bring food closer to under- resourced residents. GOAL 8.9: Promote responsible waste disposal and study feasibility of improving systems that encourage residents to make responsible decisions. 8.9.1 Promote use of County Organics drop-off station. 8.9.2 Study feasibility of organics pick-up in the years to come as technology advances and is more readily available. 8.9.3 Educate on and support back-yard composting in efforts to reduce waste.