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2022-04-26 Planning Commission Meeting Agenda PacketAuxiliary 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. CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MEETING AGENDA TUESDAY, APRIL 26, 2022 - 7:00 PM Mendota Heights City Hall – Council Chambers 1101 Victoria Curve Mendota Heights MN 55118 1.Call to Order / Roll Call 2.Approve the March 22, 2022 Regular Meeting Minutes 3.Public Hearings a.CASE No. 2022-07 Preliminary/Final Plat of Lillie’s Lakeview Addition, a new two (2) lot subdivision on the property located at 945 Wagon Wheel Trail (SD Companies, LLC/Sean Doyle - Applicant / Helyne Pince – Owner) b.CASE No. 2022-08 Wetlands Permit to allow for new single-family dwelling, retaining wall and bio-filtration system on the property located at 791 Wentworth Avenue (LDK Builders – Owner/Applicant) 4.New / Unfinished Business 5. Adjourn Meeting March 22, 2022 Mendota Heights Planning Commission Meeting Page 1 of 8 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES March 22, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 22, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: Commissioner Cindy Johnson. Approval of Agenda The agenda was approved as submitted. Approval of February 22, 2022 Minutes Commissioner Lorberbaum noted on page two, the third line from the bottom, it should state, “…equipment and next to the building.” And on page two, the last line, it should state, “…equipment and to the building…” COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF FEBRUARY 22, 2022 WITH THE NOTED CHANGES. AYES: 6 NAYS: 0 Hearings A) PLANNING CASE 2022-03 PETER AND TERESA MOLINARO/MYHRA DESIGN GROUP, 790 HAVENVIEW COURT – WETLANDS PERMIT Public Works Director Ryan Ruzek explained that the applicants are seeking a Wetlands Permit to allow the installation of a new in-ground swimming pool, patio deck, retaining walls, and landscaping. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Public Works Director Ryan Ruzek provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. PC PACKET Pg. # 1 March 22, 2022 Mendota Heights Planning Commission Meeting Page 2 of 8 Chair Field opened the public hearing. Dan Myhra, Myra Design Group, commented that they would switch out the tree recommended by Commissioner Johnson. He commented that he was not aware of the clearing until after it happened and once he came on board they started the process with the City. He stated that the pool company is still involved noting that he will be onsite to check that things are being done appropriately. Commissioner Katz asked if Mr. Myra has been on site recently and observed the condition of the silt fence as it had been noted that needs attention. Mr. Myhra commented that he had not but noted that he would follow up on that to have the silt fence repaired. Commissioner Toth referenced the letter of intent and asked who that is addressed to. Mr. Myhra commented on the different contractors that are involved in the project, Royal Pool, Royal Outdoor Services and Myra Design Group. Commissioner Lorberbaum asked if the contractor has heard of the come clean, leave clean concept. Mr. Myhra commented that he is not familiar with that. Commissioner Lorberbaum provided clarification on the concept. Mr. Myra confirmed that they follow that practice. Commissioner Lorberbaum expressed concern with jumping worms, noting that the contractor should be cautious of where mulch is obtained from. Mr. Myhra stated that he has two distributors he purchases mulch from and noted that he will inquire if they have had issues with that, noting that he has not come across that in his projects. He stated that perhaps there is herbicide that could treat the mulch. Commissioner Lorberbaum thanked the contractor for agreeing to the replacement of the Japanese lilac tree with the service berry tree. She asked if there would be a buffer to treat the water before it reaches the pond. Mr. Myhra commented that they have the dedicated buffer zone with the MnDOT seed mix. Commissioner Lorberbaum referenced condition four, noting that perhaps a rain garden could be added to slow the flow of the water. PC PACKET Pg. # 2 March 22, 2022 Mendota Heights Planning Commission Meeting Page 3 of 8 Public Works Director Ryan Ruzek commented that the Mendota Heights Code requires discharged water to be de-chlorinated and discharged on the property. He noted that question would be more appropriately addressed by the pool contractor. Peter Molinaro, applicant, stated that the pool company is reputable and would be used to shutdown the pool. He confirmed that all standard procedures would be used in shutting down the pool. He commented that there would not be a discharge area as he does not plan on the water being discharged into the pond. Mr. Myhra commented that he specializes in pool projects but has not come across that question. He confirmed that they could look into the matter. Commissioner Lorberbaum referenced the comment that the buffer would be restored with a seed mixture, noting that the mentioned Eldorado reed grass is not preferred by Commissioner Johnson. Mr. Myhra noted that seed mix could be used. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF HE WETLANDS PERMIT TO PETER AND TERESA MOLINARO AND FOR THE PROPERTY LOCATED AT 790 HAVENVIEW COURT, WHICH WOULD ALLOW THE CONSTRUCTION OF A NEW IN-GROUND SWIMMING POOL, DECK, FENCE AND LANDSCAPING, BASED ON THE FINDINGS-OF- FACT AND WITH THE FOLLOWING CONDITIONS: 1. ALL WORK AND IMPROVEMENTS NOTED ON THE PLANS APPENDED TO THE PLANNING REPORT FOR CASE NO. 2022-03 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN AREAS UP TO 100 FEET FROM POND EDGE IS NEEDED, EXCLUDING THE PLANTING OF TREES AND VEGETATION, THE OWNER MUST CONTACT CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT AND DISTURBED AREAS WITH SUITABLE PLANTINGS AND MATERIALS, PER DIRECTION OF THE CITY’S NATURAL RESOURCES COORDINATOR. 2. THE NEW POOL STRUCTURE SHALL COMPLY WITH ALL STANDARDS AND RULES UNDER TITLE 9 BUILDING REGULATIONS SECTION 9-2-1: SWIMMING POOLS AND TITLE 12 ZONING OF THE CITY CODE, AND THE MINNESOTA STATE BUILDING CODE REGULATIONS. PC PACKET Pg. # 3 March 22, 2022 Mendota Heights Planning Commission Meeting Page 4 of 8 3. THE NEW SWIMMING POOL AND RELATED STRUCTURE WORK SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 4. ANY DRAINAGE OR BACK-FLUSHING OF WATER FROM POOL SHALL BE DIRECTED ONTO THE SUBJECT PROPERTY ONLY AND SHALL NOT DRAIN DIRECTLY INTO THE ADJACENT POND. ANY DRAINAGE ONTO PUBLIC STREETS OR OTHER PUBLIC DRAINAGE WAYS SHALL REQUIRE PERMISSION OF THE PUBLIC WORKS DIRECTOR. 5. THE OWNERS SHALL PROVIDE AND MAINTAIN A 15’-20’ WIDE VEGETATIVE BUFFER (NO DISTURBANCE) FROM THE POND EDGE AND THE DRAINAGE AND UTILITY EASEMENT LINE, WITH SAID BUFFER PLANTED WITH A MNDOT SEED MIX LIST #33-261 OR OTHER PLANTINGS APPROVED BY THE CITY’S NATURAL RESOURCES COORDINATOR. 6. THE PROPOSED FENCE SHALL BE PLACED UP TO OR OUTSIDE THE DRAINAGE AND UTILITY EASEMENT LINE. 7. ANY NEW EXCAVATION, GRADING AND/OR 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. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. 8. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE, INCLUDING THE BUFFER AREA, SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE POOL PROJECT IS COMPLETED. 9. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE SWIMMING POOL OR RELATED LANDSCAPING WORK. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. ON WEEKDAYS AND 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. 10. EFFORT WILL BE MADE TO COME CLEAN, LEAVE CLEAN. 11. EFFORT WILL BE MADE TO BUFFER THE DISCHARGE OF POOL WATER. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its April 5, 2022 meeting. PC PACKET Pg. # 4 March 22, 2022 Mendota Heights Planning Commission Meeting Page 5 of 8 B) PLANNING CASE 2022-06 DAVID AND JOLENE SYLVESTER/GROUND ONE DESIGN, 601 POND VIEW DRIVE – WETLANDS PERMIT Public Works Director Ryan Ruzek explained that the Sylvester’s are seeking approval of a Wetlands Permit to allow the installation of a new patio/seating area in a rear yard, along with some additional patio spaces and walkways near the backside of their home, vegetation clearing, and new landscaping. The subject property is located at 601 Pond View Drive. Hearing notices were published and mailed to all properties within 350-ft. of the site; the City received one phone inquiry from the neighbor to the west, and upon review of the plans declared no objections. No other comments or objections were received. Public Works Director Ryan Ruzek provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Chair Field opened the public hearing. Craig Trenary, Ground One, provided background information on his experience noting that he is familiar with the policies and best management practices. He stated that they are making great effort to restore the nature environment of the backyard in this project. Commissioner Corbett asked if Mr. Trenary was involved in the clearing of the property. Mr. Trenary confirmed that they hired a tree company, which was a misstep. He stated that all the project plans were approved by the homeowner, and they made the misstep of hiring the tree company to remove vegetation prior to obtaining a permit. He acknowledged that although State and Federal regulations do not prohibit changing of vegetation, the City has more stringent regulations, which he is now aware of. Commissioner Corbett noted that this is the fourth case in a row the Commission has seen with an experienced contractor that was not aware of City policy. Commissioner Petschel asked if the contractor has experienced this problem in any other city. Mr. Trenary commented that he has learned through this process that he would verify whether a permit is needed before removing vegetation. Commissioner Lorberbaum asked if the contractor is familiar with the come clean, leave clean concept. Mr. Trenary commented that he had the benefit of hearing the last discussion and would also comply with that concept. PC PACKET Pg. # 5 March 22, 2022 Mendota Heights Planning Commission Meeting Page 6 of 8 Commissioner Katz asked if the contractor is aware of the issue with jumping worm. Mr. Trenary commented that he is aware of that and asked his mulch distributor about it last year and would continue to do so. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Katz asked if the question from Commission Petschel was more City directed. Commissioner Petschel confirmed that he has asked the question before and believes the City needs to change its wetland permitting process. He stated that based on his limited research, Mendota Heights is the only community that regulates a wetland permit for any work within 100 feet of a wetland/pond. He noted that in his neighborhood, 60 percent of the homes would be required to obtain a wetland permit for work in their backyard. He explained that it seems like micromanagement of yard work. He acknowledged that the City continues to receive retroactive permit requests for this type of work. Commissioner Corbett agreed that it is a circle of education and reaction to neighbor calls, with contractors not aware of this type of process. Commissioner Petschel stated that there should be a review of the ordinance and people should have a level of freedom for what they can do on their property rather than a neighbor dragging someone in because they do not like what they are doing on their own property. He noted that it causes significant delays and additional costs. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO RECOMMEND APPROVAL OF A WETLANDS PERMIT TO DAVID AND JOLENE SYLVESTER, AND TO THE PROPERTY LOCATED AT 601 POND VIEW DRIVE, WHICH WOULD ALLOW CERTAIN BACKYARD IMPROVEMENTS AND TREE/VEGETATION REMOVAL AND REPLACEMENT WITHIN 100 FEET OF A WETLAND, BASED ON THE FINDINGS-OF-FACT AND WITH THE FOLLOWING CONDITIONS: 1. ALL WORK AND IMPROVEMENTS NOTED ON THE PLANS FOR PLANNING REPORT CASE NO. 2202-06 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN AREAS UP TO 100 FEET FROM POND EDGE IS NEEDED, EXCLUDING THE PLANTINGS OF TREES AND VEGETATION, THE OWNER MUST CONTACT CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT PC PACKET Pg. # 6 March 22, 2022 Mendota Heights Planning Commission Meeting Page 7 of 8 ANY DISTURBED AREAS WITH SUITABLE PLANTINGS AND MATERIALS, PER DIRECTION OF THE CITY’S NATURAL RESOURCES COORDINATOR. 2. THE NEW PATIO, RETAINING WALLS, STAIRS, PATHS, LANDSCAPING INSTALLATION, RESTORATION WORK, AND OTHER RELATED YARD IMPROVEMENTS WITH THIS PERMIT SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 3. THE APPLICANT/OWNER SHALL NOT COMMENCE ANY CONSTRUCTION, GRADING WORK OR ADDITIONAL REMOVAL OR CLEARING OF TREES AND VEGETATION NEAR THE POND UNTIL THE CITY OF MENDOTA HEIGHTS HAS RECEIVED THE REQUESTED WETLAND DELINEATION REPORT, WHICH IS TO BE REVIEWED BY THE APPROPRIATE CITY STAFF AND PRESENTED TO AND ACCEPTED BY THE CITY COUNCIL AT A LATER DATE. 4. ANY REMOVALS, EXCAVATING, GRADING, AND/OR CONSTRUCTION ACTIVITY RELATED TO THE NEW BACKYARD IMPROVEMENTS, INCLUDING THE PATIO, RETAINING WALLS, STAIRS, PATHS, AND LANDSCAPING INSTALLATION SHALL BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 5. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION, GRADING, OR INSTALLATION WORK, AND MAINTAINED THROUGHOUT THE DURATION OF THE PROJECT. DOUBLE BARRIERS SHALL BE PLACED ALONG THE EDGE OF THE POND FOR ADDED PROTECTION. 6. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE BACKYARD IMPROVEMENTS HAVE BEEN INSTALLED OR COMPLETED. 7. ANY SITE CONSTRUCTION OR REMOVAL SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS, AND 9:00 A.M. TO 5:00 P.M. WEEKENDS. 8. EFFORT WILL BE MADE TO COME CLEAN, LEAVE CLEAN AND THAT THE MULCH IS FREE OF JUMPING WORM. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its April 5, 2022 meeting. PC PACKET Pg. # 7 March 22, 2022 Mendota Heights Planning Commission Meeting Page 8 of 8 Staff Announcements / Updates Public Works Director Ryan Ruzek gave the following verbal review: • The Council approved the conditional use permit for the wireless facility noting that the applicant provided a fence plan meeting the recommendations of the Commission. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO ADJOURN THE MEETING AT 7:38 P.M. AYES: 6 NAYS: 0 PC PACKET Pg. # 8 Planning Staff Report DATE:April 26, 2022 TO:Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Planning Case 2022-07 Preliminary/Final Plat of Lillie’s Lakeview Addition APPLICANT:SD Companies, LLC (Sean Doyle) PROPERTY ADDRESS:945 Wagon Wheel Trail ZONING/GUIDED:R-1 One Family Residential / LR-Low Density Residential ACTION DEADLINE:July 25, 2022 INTRODUCTION The applicant is seeking approval of a new subdivision of the property located at 945 Wagon Wheel Trail. The proposed plat is intended to create two (2) new lots for single-family residential development. The property is currently owned by Helyne Pince, and SD Companies has the subject property under contract to purchase, subject to an accepted entitlement application. This item is being presented under a fully noticed public hearing process, with notices published in the Pioneer Press newspaper; notice letters mailed to all owners within 350-feet of the affected parcels, with notices posted on the city’s website and city hall bulletin board. There were no written comments or objections to this subdivision request. BACKGROUND The subject property is generally located at the northwest corner where Wagon Wheel Trail meets up with Rogers Lake-North. The overall property is an un-platted parcel of land consisting of 6.05 acres total, of which almost one-half or 3.05 acres are considered “water acres” of Rogers Lake (see GIS image – right). . The property currentlycontains a 2,184-sq. ft., two- story single family dwelling, built in 1973, along with a few small sheds north of the home. These structures are planned to be removed. The property is currently accessed by a long partially paved and shared driveway coming from Wagon Wheel Trail. This shared driveway is located within parts of a half-section street ROW and the subject property, which serves not only this property, but also two separate properties to the west. PC PACKET Pg. # 9 Planning Case 2022-07 (Lillie’s Lakeview Addn.) Page 2 The Applicant intends to subdivide the subject property into two new lots, with Lot 1 at 93,289-sf. or 2.14 acres; and Lot 2 at 139,304-sf. or 3.20 acres. The unplatted and legally described areas of this property extend out into Rogers Lake; out to the centerline of Wagon Wheel Trail to the south; and up to the 30-foot wide half-section of right of way known as Rogers Avenue (labeled “PRIVATE RD” on the GIS map); and up to the boundary line of Mendakota Golf/Xcel Energy right-of-way/easement strip to the north. The plat is proposing to dedicate additional public right-of-way for Rogers Avenue to the west and Wagon Wheel Trail to the south. Access to both lots will be granted from the “expanded” Rogers Avenue right- of-way area, which will be detailed and explained later in this report. ANALYSIS Comprehensive Plan The subject parcel is guided LR-Low Density Residential in the 2040 Comprehensive Plan. The 2040 Plan includes the following general description for said uses in this land use category: LR –Low Density Residential (2.0 -2.9 DU/Acre) This land use is the most prevalent land use category in the city and generally allows development of single-family principal and accessory uses. This designation corresponds to the R-1 zoning district, which requires a minimum lot size of 15,000 square feet and minimum lot width of 100 feet. As noted previously, the overall unplatted lands of this subdivision total 6.05 acres. The plat is intending to dedicate approximately 15,250 sf. of right of way, leaving a net (total) acres of 5.70 acres. The Comp Plan provides that new single-family residential developments must not exceed a maximum density of 2.9 units per acre. In this case, the calculations is 0.35 units/acre (calc. 2 units / 5.7 ac. = 0.35), which is well under this limit called for under this LR land use category. By calculating the lot area minus the road ROW and wetlands, the net area of each lot becomes 53,375-sf. for Lot 1 and 47,510-sf. for Lot 2, or 100,885-sf., or 2.32 net (dry) acres. This net acres calculates to approx. 0.86 units/acre (2 units / 2.32 ac. = 0.86). Plat Standards Under Title 11, Subdivision Regulations, the intent and purpose of this section is to “safeguard the best interests of the city, and to assist the subdivider in harmonizing [their] interests with those of the city at large, this title is adopted in order that adherence to same will bring results beneficial to both parties. It is the purpose of this title to make certain regulations and requirements for the platting of land within the city pursuant to the authority contained in Minnesota statutes, which regulations the city council deems necessary for the health, safety and general welfare of this community.” Upon first review of this proposed two lot subdivision, it appeared this parcel could have been considered under City Code Sect. 11-1-5: Exceptions, which provides an option to landowners the ability to request a minor subdivision or “Lot Split” review – instead of a full preliminary and final plat submittal. City staff however, recognized an opportunity to acquire ROW segments from both Wagon Wheel Trail to the south and Rogers Avenue to the west; and upon conferring with our city attorney, it was recommended that due to the un-platted nature of this land, the Applicant should submit a full Preliminary/Final Plat application instead, which he has agreed to in this planning case. City Subdivision Code Section 11-3-2 allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district, and meets the following standards: A. Lot Area, Width and Depth: The minimum lot area, width and depth shall not be less than that established by the zoning ordinance in effect at the time of adoption of the final plat. PC PACKET Pg. # 10 Planning Case 2022-07 (Lillie’s Lakeview Addn.) Page 3 B. Corner Lots: Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning ordinance. C. Side Lot Lines: Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. D. Lot Frontage: Every lot must have the minimum frontage as required in the zoning ordinance on a city approved street other than an alley. E. Building Setback: Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Mendota Heights zoning ordinance. On those lots which are intended for business use, the setback shall be at least that required by the zoning ordinance. For the R-1 One Family Residential Districts, all new lots must have a minimum of 15,000-sf. of lot area. In this case, both lots easily meet and exceed this minimum size standards. All new R-1 lots must also provide a minimum 100-feet of frontage along a public street. Per Title 11, Subdivision Regulations; Sect. 11-1-4, a STREET is defined as: “A public right of way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, or boulevard, in accordance with the metropolitan council functional classification of transportation facilities.” In most new subdivision application requests, if there are opportunities to provide specific areas of land for streets (both existing and future), or even trails, parks, utility easements and other spaces within a plat, the city may request Developers provide or dedicate certain lands for specific public purposes. The properties located to the west of this proposed plat are situated in an existing subdivision known as Caroline’s Lake View Addition of 1927 (see partial plat image - below). Prospect Avenue shown on this plat image is where Wagon Wheel Trail exists today; and along the easterly edge of Lot 15, there is a 30-ft. wide/500-ft. long right-of-way strip dedicated as a half-road section. It was likely the intent of the county or township (at that time- and later became the City) to include an additional 30-foot strip on the other side if or when those properties were platted, which in turn would have provided a full 60-foot wide ROW section for future “Rogers Avenue” extension to the north. While this half-section of ROW exists today, it has remained undeveloped or unimproved probably since 1927. Under this plat consideration, the City is requesting the Applicant to dedicate the other 30-foot wide strip along the west PC PACKET Pg. # 11 Planning Case 2022-07 (Lillie’s Lakeview Addn.) Page 4 edge of the property for Rogers Avenue. The city will not require the Developer to improve or pave this roadway section at this time. The two properties to the west of the plat – 953 and 963 Wagon Wheel Trail have access over and across the section of Rogers Avenue ROW by means of a License Agreement approved by the City in 2013. This agreement was created due to the city approving a new separate lot split from the larger 963 WWT parcel, and creating the 953 WWT parcel to the south. This license agreement also provided a Shared Driveway Maintenance Agreement between all the properties using this right of way. The City will condition the Developer/Applicant to add these twonew properties to this License Agreement, and revise/update the Shared Driveway Agreement between all residential properties utilizing this undeveloped ROW for their own driveways and access. The Applicant has provided a general plan for the plat, which illustrates the two proposed dwelling pad sites for each new parcel. These pads are for illustrative purposes only, and do not represent the final layout or location of the future residential dwellings. These pads are required to be shown on any new preliminary plat in order to visually demonstrate that each new lot can fit or accommodate a reasonable sized residential structure inside the lot(s), and ensure all minimum setbacks are or will be met. The plat includes a “setback delineation” boundary for any new dwelling structure on each lot, which includes a minimum front-yard setback of 30-feet (from new easterly ROW line of Rogers Avenue); 15- foot side-yard setbacks; and a 75-foot rear yard setback – as measured from the ordinary high water line (OHWL) on Rogers Lake. This added setback is part of the Minn. Dept. of Natural Resources (DNR) identification of Rogers Lake as a Recreational Development water body; with various structure setbacks noted in the table – below: Wetland Impacts Per Title 12-Zoning, Chapter 2 Wetlands Systems, Sect. 12-2-3, any development or construction work on lands within 100-feet of normal high water markers of wetlands and water resources (as delineated on the official city wetlands systems map) shall be subject to a Wetlands Permit application review process. Since this plat and new lots abut Rogers Lake, it is likely that new construction will take place within 100- feet of the OHWL of Rogers Lake. Since these lots are proposed be developed with custom-built dwellings, the exact location or footprint of each new home is not known at this time, but will be demonstrated later when the developer submits a separate Wetlands Permit application on each lot. As stated previously, the proposed building pad layouts shown on the Preliminary Plat is not official or the final determination of the new home layout. The future wetlands permit review will provide a more accurate depiction, description and illustration for any new development on each lot. The initial (or preliminary) dwelling layout, grades, landscaping and other improvements will be approved under the separateWetlands Permit, and later reviewed and approved by city staff at time of building permit review. Trees & Vegetation The Applicant provided a very detailed survey and plan that illustrates a large number of significant trees scattered throughout the subject property. Most of these trees appear to be identified as deciduous species PC PACKET Pg. # 12 Planning Case 2022-07 (Lillie’s Lakeview Addn.) Page 5 consisting of ash, maples, cherry, cottonwood, and oaks ranging in various sizes between 6 – 24-inches in diameter, along with a few 6 – 12-ft. high pine or coniferous trees. The Applicant/Developer intends to preserve and protect a number of these trees during the removal of the old structures, and save as many as possible during the course of constructing the new homes on each lot. However, the large number of ash trees identified on this site (Existing Conditions/Survey) may lead to a number of these trees to be removed as part of the EAB management program. Even so, the Developer has stated they will make every effort to save and protect any significant tree(s) throughout the site; and have agreed to provide individualized and custom designed (architectural) landscape plans on each new home site that will comply with the city’s Pollinator Friendly Policy, with new trees and vegetation to comply with the related Native Plantings List. Utility & Easement Plans The preliminary plat shows new (and separate) water and sanitary service lines will be connected into the systems underneath Wagon Wheel, and extended north inside the Rogers Ave ROW, and serve the north lot (Lot 1) of this subdivision. It is assumed the proposed home on Lot 2 will be utilizing the existing services provided to the 945 WWT dwelling in the future. The exact location and layout of these service lines will have to be reviewed by the City’s Public Works Director, since these lines are intended to be placed inside the expanded Rogers Avenue ROW. All new lots will have perimeter drainage and utility easements provided. These easements will be provided or officially dedicated under the recorded final plat map. Dakota County Review The submitted preliminary plat map identified Wagon Wheel Trail as [Dakota] County Road No 16. Typically, any plat that abuts or accesses on to a state or county roadway system is sent to the respective governmental unit for review and comments. After city staff sent this on to Dakota County for their review, DC representatives responded immediately that this segment of Wagon Wheel Trail is no longer a county roadway system; and therefore not subject to county plat commission review. The identification and notation of “County Road No. 16” on the final plat map will be revised and adjusted accordingly. Comprehensive Plan Statements The following goals and policies statements from the city’s 2040 Comprehensive Plan may be used, considered or lend support to the approval of this land use request: LAND USE GOAL 1: The Future Land Use Plan will provide the foundation for all land use decisions in Mendota Heights. Policies 1. Development and redevelopment of housing, businesses, transportation systems, parks and community facilities shall be done in accordance with this Plan. 2. The city will strive to create a balanced land use pattern that provides appropriate designations that meet projected growth and market demand. LAND USE GOAL 2:Preserve, protect, and enrich the mature, fully developed residential neighborhoods and character of the community. Policies 1. Subdivision and zoning standards will require high quality site and building design in all new developments. 2. The city will emphasize quality design, innovative solutions, and general focus on aesthetics throughout the community, including within existing developments and buildings. PC PACKET Pg. # 13 Planning Case 2022-07 (Lillie’s Lakeview Addn.) Page 6 HOUSING GOAL 1:Preserve and improve existing neighborhoods and housing units. Policies 2. Explore options for flexibility in Zoning Code standards and encourage reinvestment in existing houses. HOUSING GOAL 2: Meet future needs with a variety of housing products. Policies 1. Encourage life-cycle housing opportunities in Mendota Heights of various forms and tenures that allow residents to remain in the community throughout their lives. This includes: i. Maintenance of existing entry level housing. ii. Construction of move-up single-family development that supports life-cycle housing. iii. Construction of various types of senior housing, including senior ownership units, senior rental units, memory care and assisted living units. iv. Support the development of a mix of affordable housing opportunities for all income levels, age groups, and special housing needs. 2. Encourage environmentally sustainable housing development and construction practices. 3. Provide for housing development that maintains the attractiveness and distinct neighborhood characteristics in the community. REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the Preliminary/Final Plat of Lillie’s Lakeview Addition, based on the attached findings of fact and conditions of approval as noted herein; or 2. Recommend denial of the Preliminary/Final Plat of Lillie’s Lakeview Addition, based on specific and revised findings-of-fact as determined by the Planning Commission; or 3. Table the plat application, and request additional information from the Applicant and/or city staff. RECOMMENDATION It is recommended the Planning Commission give favorable consideration to Alternative No. 1, the approval of the Preliminary/Final Plat of Lillie’s Lakeview Addition, based on the findings-of-fact that support such approval, along with the following conditions: 1. A wetlands permit must be submitted for review and obtained prior to any proposed/new single- family development is allowed on each new lot. The concept building pads presented under the preliminary plat map do not represent or provide any pre-approval of a new single-family building layout on each lot. Final layouts and setbacks must meet R-1 Zone standards and shall be approved under separate Wetlands Permit application for each lot. 2. The two new properties created under this plat must have their access granted under a new (or revised) License Agreement with the city, and if necessary, the two adjacent properties to the west; and also a revised Shared Driveway Agreement between all residential properties utilizing this undeveloped ROW for their own driveways and access. 3. Prior to any new development work on the site, all existing structures on the subject property will be removed with an approved demolition permit issued by the City’s Building Official. PC PACKET Pg. # 14 Planning Case 2022-07 (Lillie’s Lakeview Addn.) Page 7 4. Full erosion and sedimentation measures will be put in place prior to and during any new construction work activities, including the demolition of the old/existing structures, any tree removals, or installation work needed for of any private utilities or services to the new lots. 5. A building permit, including all new grading and drainage work, must be approved by City Staff prior to the commencement of any new construction workon any single-family residential dwelling on each new lot. 6. A complete and detailed grading plan, utility plan and landscaping plan that adheres to the city’s Pollinator Friendly Policy and Native Plantings List must be submitted with each new Wetlands Permit for each lot. The subsequent building permits on each lot shall comply with any conditions of approval related to each wetlands permit review and approval. 7. All new construction and grading activities throughout this development site and on each new buildable lot 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. 8. An additional park dedication fee of $4,000.00 must be paid before the final plat is released by the city for recording with Dakota County. 9. All work on this development site will only be allowed between the hours of 7:00 AM to 8:00 PM Monday through Friday and 9:00 AM to 5:00 PM on the weekends. 10. All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. 11. Best efforts will be made by the contractor(s) to “come clean, leave clean” during the course of any construction on the Subject Property. Attachments 1. Site/Location Map 2. Letter of Intent 3. Certificate of Survey – 945 Wagon Wheel Trail 4. Preliminary Plat of Lillie’s Lakeview Addition 5. Final Plat Map of Lillie’s Lakeview Addition 6. License Agreement for 963 Wagon Wheel Tail (for reference only) PC PACKET Pg. # 15 Planning Case 2022-07 (Lillie’s Lakeview Addn.) Page 8 FINDINGS OF FACT FOR APPROVAL Subdivision Plat of Lillie’s Lakeview Addition 945 Wagon Wheel Trail The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed plat meets the purpose and intent of the Subdivision Code. 2. The proposed plat request meets the purpose and intent of the City Code and is consistent with and supported by a number of goals and policy statements in the 2040 Comprehensive Plan. 3. The proposed lots will meet the minimum standards required under the R-1 One Family Residential District. 4. A wetlands permit for future construction on each lot will require and ensure compliance with applicable land disturbance and drainage standards to ensure there are no negative impacts to the surrounding water body and natural environment. PC PACKET Pg. # 16 LOOKING TOWARDS CURRENT HOME LOOKING EASTERLY – TOWARDS ROGERS LAKE LOOKING NORTHWARD – EAST SIDE OF HOME LOOKING NORTHEASTERLY – TOWARDS ROGERS LAKE REAR YARD PC PACKET Pg. # 17 Planning Case 2022-07 (Lillie’s Lakeview Addn.) Page 10 LOOKING EASTERLY ACROSS REAR YARD LOOKING NORTHWARD – ROGERS AVE. ROW LOOKING SOUTHWARD – SHARED DRIVEWAY LOOKING TOWARDS FRONT YARD WEST SIDE YARD AREA LOOKING SOUTHWARD – ALONG SHARED DRIVEWAY PC PACKET Pg. # 18 This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the 945 WAGON WHEEL TRAIL (Location Map) City of Mendota Heights0400 SCALE IN FEET4/20/2022 PC PACKET Pg. # 19 534501345 316301802 778 754 743 7473942 5 9 297 426 704 101200603 2 0 3 177148 97 9 6 191 1 3 3 1 2 9 1 2 8 12 6 82 8038110 72 107 1067 1 69 237100 5 8 5 3 464 4 43 42125 39 3 7 91 353 4 3 3 32816 30 2926 25242321 103 1918998171514 7 1211 101 423100 1 8 884 3 33322320018161925925 2524 2 321191 18 30 33 2124 19 1818 945 945 953 2247 945 2219 954 940 2225 2231 2239 940 2075 954 2213 954 954 This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the 945 WAGON WHEEL TRAIL (Aerial-Details Map) City of Mendota Heights0100 SCALE IN FEET4/20/2022 PC PACKET Pg. # 20 March 28, 2022 Tim Benetti City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: 945 Wagon Wheel Trail Re Plat Tim: We are requesting a lot split/re plat relating to the property at 945 Wagon Wheel Trail. Please consider the following: Intent: We are requesting that 945 Wagon Wheel Trail be split into two parcels since it meets the criteria set forth by the City of Mendota Heights municipal code. The existing home currently located on the property will be torn down and after the split our intention is to build 2 new single family homes on the 2 new parcels. With the re plat, we intend to deed the city 30’ of the westerly property to fulfil a full 60’ controlled by the city for future use if needed. The plan is to use the existing private driveway to access both newly formed parcels. By deeding the additional 30’ of the west lot line, this creates a roadway for frontage to be on the private drive and not Wagon Wheel. We currently have a fully executed Purchase Agreement on the above property for the new parcel that would be created on the east side of the existing home with the contingency the property could be divided into 2 parcels. Construction of the new home would take place upon approval of all city permit applications and issuance of a building permit by the City of Mendota Heights. Our Request: Permission to divide the property into two parcels, creating 2 new single-family home sites on the north and south parcel. Sincerely, Sean Doyle Chief Manager SD Companies, LLC, d.b.a. SD Custom Homes PC PACKET Pg. # 21 PC PACKET Pg. # 22 PC PACKET Pg. # 23 PC PACKET Pg. # 24 6666666666 6 6 *³³" """* * *³ " " " ³" ""6 6 6 6 6 666 !!2 !!2 !!2 !!2 !!2 !!2!!2 945 945953 2075 2270 954 2247 954 940 2219 940 954 2225 987 2231 2239 987 2270 987 2270 945 940 900 954 2213 898 954 2275 900 953 PRIVATE ROADWAGON WHEEL TRL361' 324' 2 0 2 ' 121' 77' 109' 4 5 ' 100' This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the WETLANDS MAP 945 Wagon Wheel Trail City of Mendota Heights0140 SCALE IN FEET4/20/2022 PC PACKET Pg. # 25 6RLO0DS²'DNRWD&RXQW\0LQQHVRWD:$*21:+((/75$,/VXUURXGLQJ1DWXUDO5HVRXUFHV&RQVHUYDWLRQ6HUYLFH:HE6RLO6XUYH\1DWLRQDO&RRSHUDWLYH6RLO6XUYH\3DJHRI 1 : 1 : 1 : 1 :10DSSURMHFWLRQ:HE0HUFDWRU&RUQHUFRRUGLQDWHV:*6(GJHWLFV870=RQH1:*6 )HHW 0HWHUV0DS6FDOHLISULQWHGRQ$ODQGVFDSH[VKHHW6RLO0DSPD\QRWEHYDOLGDWWKLVVFDOHPC PACKET Pg. # 26 0DS8QLW/HJHQG 0DS8QLW6\PERO 0DS8QLW1DPH $FUHVLQ$2,3HUFHQWRI$2, &\OLQGHUORDPWRSHUFHQW VORSHV .DWRVLOW\FOD\ORDP 0D\HUVLOWORDP 4XDPVLOWORDP %:DXNHJDQVLOWORDPWR SHUFHQWVORSHV %.DQDUDQ]LORDPWRSHUFHQW VORSHV &.DQDUDQ]LORDPWR SHUFHQWVORSHV ::DWHU 7RWDOVIRU$UHDRI,QWHUHVW 6RLO0DS²'DNRWD&RXQW\0LQQHVRWD :$*21:+((/75$,/ VXUURXGLQJ 1DWXUDO5HVRXUFHV &RQVHUYDWLRQ6HUYLFH :HE6RLO6XUYH\ 1DWLRQDO&RRSHUDWLYH6RLO6XUYH\ 3DJHRI PC PACKET Pg. # 27 PC PACKET Pg. # 28 PC PACKET Pg. # 29 PC PACKET Pg. # 30 PC PACKET Pg. # 31 PC PACKET Pg. # 32 PC PACKET Pg. # 33 PLANNING STAFF REPORT DATE:April 26, 2022 TO:Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Planning Case 2022-08 WETLANDS PERMIT APPLICANT:LDK Builders PROPERTY ADDRESS:791 Wentworth Avenue ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE:May 27, 2022 INTRODUCTION The applicants are seeking a Wetlands Permit to allow the construction of a new single-family dwelling, along with a new retaining wall structure located next to a small creek channel. A public hearing notice for this planning item was published in the Pioneer Press and notice letters were mailed to all properties within 350-feet of the subject property. The city received one letter of objection from a neighboring owner (appended to this report). No other comments or objections were received. BACKGROUND / PROJECT DESCRIPTION The subject property is generally located at the northeast corner of Wentworth Avenue and Wachtler Avenue. The vacant lot is 30,861 sq. ft. (0.71 acres) in size, and is awaiting development of new single- family dwelling. This lot is one of four new lots created under the Sweeney 2nd Addition plat of 2021. This creek channel is identified on the City’s Official Wetlands Map-1977 (see map image – right), which runs from Wentworth Park to the east, through the neighboring properties and down along the west side of the subject lot, where it empties into a culvert running underneath Wachtler Avenue, whereby it emerges and continues southwesterly over to Valley Park and ties into the larger Interstate Valley Creek system. PC PACKET Pg. # 34 Planning Case 2022-08 (791 Wentworth – LDK Bldrs.) Page 2 of 8 The applicants are looking to construct a new 5,700 sq. ft., two story walkout home on the new Lot 4 of this plat (see front home elevation image – below). Due to the grades that gradually slope downward from the main areas of the lot and down towards the creek channel, and in in order to safely shore up the west side of the home along this channel area, the Developer intends to install a fieldstone boulder type retaining wall system. This wall will vary in height from a low of 2 feet and up to 10-feet in height near the center. A new storm water basin or water bio-filtration system is also being considered for approval under this permit. ANALYSIS Pursuant to City Code Section 12-2-3, the Wetland Systems ordinance applies to wetlands and water resource related areas, and to adjacent land within one hundred feet (100') of normal high water markers of wetlands and water resource related areas as delineated on the official city wetlands systems map. The purpose of the Wetlands Systems chapter of City Code Section 12-2-1 is to: x Provide for protection, preservation, maintenance, and use wetlands and water resource-related areas; x Maintain the natural drainage system; x Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment or from excessive sedimentation; x Provide for protection of potable fresh water supplies; and x Ensure safety from floods. As part of any Wetlands Permit review, the city must consider and evaluate the following standards and conditions as noted in the Wetland Ordinance Section 12-2-7: x Runoff from developed property and construction projects may be directed to the wetland only when reasonably free of silt and debris and chemical pollutants, and at such rates such as not to disturb wetland vegetation or increase turbidity. x No deleterious waste shall be discharged in a wetland or disposed of in a manner that would cause the waste to enter the wetland or other water resource area. x Removal of vegetation shall be permitted only when and where such work within the W district has been approved in accordance with the standards of this chapter. x Removal of vegetation within the W district but outside the wetland shall be limited to that reasonably required for the placement of structures and the use of property. PC PACKET Pg. # 35 Planning Case 2022-08 (791 Wentworth – LDK Bldrs.) Page 3 of 8 The Wetlands Ordinance further states that any work or development upon or which would otherwise alter a wetland or potentially impact a water related resource area, must obtain a written permit from the city. The construction of the new home, grading work in and around the home, and installation of the retaining wall and stormwater basin requires this permit before any work commences. As part of the Sweeney 2nd plat approvals granted in 2021, the city authorized the removal of the old Sweeney residence, tree removals, and some preliminary grading work needed on all four new lots, in preparation of the expected four new homes to be built on each lot. A separate land disturbance permit for the entire plat development included an allowance for minor grading work on Lot 4 in order to create some matching grades with the adjacent lots. Per Resolution No. 2021-55, approving the Sweeney 2nd Addition, two conditions were provided that specifically impact the development of this lot: 4. A complete and detailed landscaping plan must be submitted with a new building permit on each lot for review and approval by city staff. As per the city' s Pollinator Friendly Policy, the developer will ensure all new trees and landscaping complies with the city' s Native Plantings List. 7. A wetlands permit must be obtained prior to any proposed site development activities (including the new storm water basin) or any new home permit is approved on Lot 4 of this plat. The new home easily meets all required setbacks for this lot. The drainage from the front yard areas are intended to drain southward towards the drainage ditch located along the north side of Wentworth Avenue (or Dakota County Road #8). The back yard areas behind the new home is being directed northward and away from the creek channel, and more towards a new on-site bio-filtration basin situated on the back edge of the lot (see Grading Plan image – below). The retaining wall is planned to be built immediately west of the new home and along the outer edge of the drainage and utility easement created under the Sweeney 2 nd Addition plat (see survey/site plan image – below). The wall is planned to be at placed at least 25-feet away from the edge of the creek channel, as shown or measured from the Survey/Site Plan. The proposed grades that tie into the wall will help direct runoff away from the creek channel as well. PC PACKET Pg. # 36 Planning Case 2022-08 (791 Wentworth – LDK Bldrs.) Page 4 of 8 The new landscaping plan for this site includes two (2) Autumn Blaze Maple trees to be planted in the front; blue-grass sod throughout most of the open yard spaces; and cocoa mulch and river rock to be placed within the plastic edged beds around the perimeter of the new home (note: no plantings or shrubs are identified or included in this plan). Since there is some minor land disturbance to be expected along the bottom edge of the retaining wall and slightly within the upper layer of the creek, the Developer intends to seed and any disturbed areas in and around the wall with MnDOT Seed Mixture. Although not called out specifically, city staff is conditioning the same MnDOT Seed Mix #33-261 that was called for with recent wetland permit considerations. City Goals and Policies City staff has also identified a select number of Goals and Policy statements from the Natural Resource chapter of the 2040 Comprehensive Plan, which we feel provides additional support in granting approval of this requested Wetlands Permit, as follows: GOAL 1: Develop a professional, comprehensive, strategic Natural Resources Management Plan for city-wide natural areas and natural resources. Policies: 9. Protect steep slopes, bluffs, and other sensitive areas from erosion and other threats, specifically throughout the development process. 10. Encourage and promote the use of conservation design principles. GOAL 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: 1. Monitor new developments for restoration and invasive plant management. 4. Restore areas throughout the city with pollinator-friendly or native species to protect and enhance habitat for native pollinators and birds. 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. 10. Prior to approval of landscape and development plans, work with applicants to encourage the preservation and installation of high ecosystem value communities. GOAL 3: Protect and restore the natural ecological functions of the city’s water resources with emphasis on the improvement of stormwater management. Policies: 1. Explore and develop operational and procedural modifications to better enhance and support the thriving of the natural environment. 2. Work with partners to implement projects and develop and support programs that encourage infiltration, to reduce stormwater runoff and pollution to water-bodies. 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. PC PACKET Pg. # 37 Planning Case 2022-08 (791 Wentworth – LDK Bldrs.) Page 5 of 8 ALTERNATIVES 1. Approve the Wetlands Permit for 791 Wentworth Avenue based on certain findings-of-fact, along with specific conditions of approval; or 2. Deny the Wetlands Permit for 791 Wentworth Avenue based on revised findings-of-fact supporting such a recommendation as determined by the Planning Commission; or 3. Table the request and direct staff to extend the application review period an additional 60 days, pursuant to MN State Statute 15.99. STAFF RECOMMENDATION Staff recommends approval of the requested Wetlands Permit to LDK Builders and for the property located at 791 Wentworth Avenue, which would allow the construction of a new single-family residential dwelling and retaining wall, based on the attached findings-of-fact and subject to the following conditions: 1. All disturbed areas located adjacent to the creek channel and areas in and around the bottom level of the new retaining wall, shall be seeded with MnDOT Seed Mix List #33-261. 2. Prior to the release of any escrow payment or issuance of any certificate of occupancy (C.O.) on the new dwelling, all disturbed areas must be shown or demonstrated that the new vegetative buffer seed mixture was successfully planted, and plant growth has been established, taking place or is holding. 3. No additional grading or other land disturbance shall occur within twenty-five feet (25’) from the edge of the adjacent creek, except for the installation of erosion control measures (if needed) or for the plantings of any new seed mixtures or landscaping materials, and only with city approvals. 4. All new landscaping must comply with the Native and Pollinator Friendly Plantings List of the city. 5. Any grading and/or construction activity related to the development of this lot shall 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. 6. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained throughout the duration of the construction project. Erosion barriers shall be placed and maintained along the edge of the creek channel and development site throughout the duration of the project, and remain in place until all disturbed areas have been restored. 7. The new dwelling and retaining wall and any related construction work shall comply with all other and applicable standards and conditions under Title 12, Chapter 2 Wetlands Systems of City Code. 8. A building permit must be approved prior to the commencement of any construction work on the new residential dwelling or retaining wall. Construction work shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. 9. Best efforts will be made by the contractor(s) to “come clean, leave clean” during the course of construction on the Subject Property, and ensure new ground mulch is free of invasive species. ATTACHMENTS 1) Letter of Intent 2) Survey/Site Plan 3) Retaining Wall Details/Plan 4) Landscape Plan 5) Overall Grading Plan 6) Soils Map 7) Email of Opposition PC PACKET Pg. # 38 Planning Case 2022-08 (791 Wentworth – LDK Bldrs.) Page 6 of 8 FINDINGS-OF-FACT FOR APPROVAL Wetlands Permit for LDK Builders 791 Wentworth Avenue Planning Case No. 2022-08 1. The proposed construction activities related to the new pool project and allowed under this Wetlands Permit meets the purpose and intent of the City Code; and meets a number of goals and policies established under the Natural Resources chapter of the 2040 Comprehensive Plan. 2. All new work will have little, if any impacts to the pond, or the existing on-site drainage or drainage from surrounding properties. 3. Applicant will provide additional and suitable wetland protective vegetation material to serve as an effective natural buffering along the adjacent creek, which will help reduce any impacts caused by stormwater run-off from the yard areas, and help reduce any soil and contaminant runoff. 4. This property will provide adequate erosion control measuresthroughout the duration of the project and until all areas of the property have been fully planted and restored, which will ensure protection and lessen any runoff impacts to the adjacent pond during and after construction. 5. The home and wall project contemplated under this wetlands permit shall be done in accordance with the rules and standards of the City’s Land Disturbance Guidance document; and will be closely monitored by city staff to ensure compliance with all Building Codes and related City Codes. PC PACKET Pg. # 39 Looking Southwesterly – towards Wentworth/Wachtler corner Looking Westerly – towards Wachtler Ave / Culvert PC PACKET Pg. # 40 Planning Case 2022-08 (791 Wentworth – LDK Bldrs.) Page 8 of 8 Looking Northwesterly – towards creek channel Looking Northerly – back area of Lot 4 PC PACKET Pg. # 41 66666666³³ * * * * *66666666666666!!2 !!2 !!2 !!2 791 785 790 781 800 861 262 446 119173 93125 13876335247725950 295294132 131 273 3531 170184 171187350 13850 WACHTLER AVEWENTWORTH AVE W PARK PLA CE DR 207'349.9'311.6' 1 0 9 . 7 ' 103.7'212'This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the WETLANDS MAP 791 Wentworth Ave. City of Mendota Heights060 SCALE IN FEET4/20/2022 PC PACKET Pg. # 42 PC PACKET Pg. # 43 PC PACKET Pg. # 44 PC PACKET Pg. # 45 PC PACKET Pg. # 46 7UHH'HFLGXRXV0DSOH$XWXPQ%OD]H /HJHQG&RPPRQ1DPH 4W\5LYHU5RFN5LYHU5RFN3ODVWLF(GJLQJ3ODVWLF(GJLQJ4/5/2022Date:Revision #:Austen Adriaens791 Wentworth AveLandscape Plan:MT Carpenter LandscapeLandscape Design by:1" = 20' Scale:M.T. Carpenter Landscape, Inc. owns all copyrights to this Plan. Unauthorized use or duplication of the plan is a violation of Federal Laws and may result in punitive damages. The one-time-right to build this Plan does not extend to others or beyond the original purchaser of this Plan. M.T. Carpenter Landscape, Inc. is not liable for the following: exactness, measurements, zoning covenants, and assembly integrity.07&$53(17(5&20'HFN3RUFK5HVLGHQFH&RFRD0XOFK6RG3RUFK6RG3ODVWLF(GJLQJ&RFRD0XOFK(;&5((.'27$SSURYHG6HHG0L[WXUHTW 876.0BW 872.0TW 874.0BW 864.0TW 870.0BW 860.5TW 860.0BW 859.0TW 876.0BW 874.01DWLYH3ODQWLQJVPC PACKET Pg. # 47 33' - 12" PVC SCH 40 @ 0.91%143'-10"PVCSCH40@9.08%G=902.50TF=902.80LL=892.50WOBG=892.00G=903.50TF=903.80LL=893.50WOBG=893.00G=894.80TF=895.10LL=884.80WOBG=884.30G=884.20TF=884.50LL=874.20WOBG=873.708568588608608588628648668688708728748768788808828848868828808788768748728708628 6 486 68688708728748768788788768768748768788808828848868888908928948 8 8 890892894896882884886888890882884886888890892902900898896894902900898896894892902900898874876878-6.0%-5 .8 %-6 .1 %-9.1%BENCHMARKSEE SURVEY DOCUMENTATIONC10KEBDESIGNED:LIC. NO.:DATE:KENT E. BRANDERDRAWN:CHECKED:KEBDMP44578I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.02-22-22CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:OWNER:TITLE:SHEET NO:MENDOTA HEIGHTS, MNSWEENEY ROAD 2ND ADDITION2/22/2022 2:03 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Grading.dwg06-07-2021 Preliminary Grading and Drainage Plan02-22-2022 Revised Preliminary Grading and Drainage Plan; NOT FOR CONSTRUCTIONFeet03060LEGEND:PROPERTY LINESETBACKEASEMENTPROP. CONTOUREX. CONTOURROCK RIPRAP, RANDOM CRUSHEDINFILTRATION BASIN SEED/PLANTINGSPROP. FLOW DIRECTIONGENERAL NOTES:1. The subsurface utility location information in this plan is utility quality level D. This utility qualitylevel was determined according to the guidelines of CI/ASCE 38-02, titled “Standard Guidelinesfor the Collection and Depiction of Existing Subsurface Utility Data.” Engineer does not guaranteethe accuracy of utility locations or that all existing utilities are shown.2. See Preliminary Plat for proposed parcel nomenclature and easements.3. Tree Preservation: it is anticipated that all trees will be removed within the grading limits indicated.4. Contractor is responsible for locating utilities prior to digging.5. Construction shall comply with all applicable governing codes.6. Contractor is solely responsible for jobsite conditions, including safety of all persons and propertythroughout the duration of the project (not limited to working hours).7. Final grade shall be 0.5' below top of foundation elevation around building; all drainage shall bedirected away from buildings.8. Damaged items or property not identified for removal shall be repaired or replaced at Contractor'sexpense; no extra compensation will be allowed for repair or replacement not indicated on plansor agreed upon with prior written authorization from the Owner.9. Contours shown to finished grade.10. Point elevations shown at flow line, unless otherwise noted.1. Excavate basin to subgrade with light-weight equipment or from outside the basin footprint tominimize compaction. If compacted, scarify subgrade 12".2. Rough grade to within 6" of subgrade elevation during mass site grading operations. Excavate tofinal subgrade and install engineered soil media after upstream drainage area has beenstabilized.3. Prevent sheet flow from disturbed unvegetated areas from entering the graded basin directly;install sediment control log around top of basin (to remain in place until upslope area iscompletely vegetated and homes constructed).4. Plant native seed mix and blanket / hydromulch bottom and sideslopes (to overflow) of basins(see Sheet C50).INFILTRATION BASIN NOTES:BIOFILTRATION BASIN 1BOT = 875.0OUT = 877.0HWL = 879.3EOF = 879.3BERM = 879.8BIOFILTRATION BASIN 2BOT = 856.0OUT = 858.0HWL = 860.0EOF = 860.0BERM = 860.56" CPEPUNDERDRAIN @0.5% W/ CLEANOUT(SEE DETAIL)6" CPEPUNDERDRAIN @0.5% W/ CLEANOUT(SEE DETAIL)RETAINING WALLADD MAILBOXES ANDPADS PER CITY & USPSSTANDARDSREMOVE AND DISPOSEENTRANCE & CULVERT15" CMP CULVERTI=897.7 (E), 897.5 (W)15" CMP CULVERTI=886.5 (E), 885.0 (W)RIPRAPREINFORCEDOVERFLOWEL 860.0RIPRAPREINFORCEDOVERFLOWEL 879.3PC PACKET Pg. # 48 6RLO0DS²'DNRWD&RXQW\0LQQHVRWD%ORFN:HQWZRUWK$YHQXH1DWXUDO5HVRXUFHV&RQVHUYDWLRQ6HUYLFH:HE6RLO6XUYH\1DWLRQDO&RRSHUDWLYH6RLO6XUYH\3DJHRI 1 : 1 : 1 : 1 :10DSSURMHFWLRQ:HE0HUFDWRU&RUQHUFRRUGLQDWHV:*6(GJHWLFV870=RQH1:*6 )HHW 0HWHUV0DS6FDOHLISULQWHGRQ$ODQGVFDSH[VKHHW6RLO0DSPD\QRWEHYDOLGDWWKLVVFDOHPC PACKET Pg. # 49 0DS8QLW/HJHQG 0DS8QLW6\PERO 0DS8QLW1DPH $FUHVLQ$2,3HUFHQWRI$2, %$QWLJRVLOWORDPWRSHUFHQW VORSHV &\OLQGHUORDPWRSHUFHQW VORSHV &&KHWHNVDQG\ORDPWR SHUFHQWVORSHV (&KHWHNVDQG\ORDPWR SHUFHQWVORSHV .DWRVLOW\FOD\ORDP 6SLOOYLOOHORDPWRSHUFHQW VORSHVRFFDVLRQDOO\IORRGHG .ORVVQHUPXFNWRSHUFHQW VORSHV %.LQJVOH\0DKWRPHGL6SHQFHU FRPSOH[WRSHUFHQW VORSHV &.LQJVOH\0DKWRPHGL6SHQFHU FRPSOH[WRSHUFHQW VORSHV 8GRUWKHQWVZHW %-HZHWWVLOWORDPWRSHUFHQW VORSHV 7RWDOVIRU$UHDRI,QWHUHVW 6RLO0DS²'DNRWD&RXQW\0LQQHVRWD %ORFN:HQWZRUWK$YHQXH 1DWXUDO5HVRXUFHV &RQVHUYDWLRQ6HUYLFH :HE6RLO6XUYH\ 1DWLRQDO&RRSHUDWLYH6RLO6XUYH\ 3DJHRI PC PACKET Pg. # 50 From:Emily Howard To:Tim Benetti Subject:Planning case no 2022-08 Date:Thursday, April 21, 2022 10:19:38 AM To Whom it May Concern, I am writing to express my opposition to the application from LDK Builders requesting a Wetlands Permit to construct a new single family home and retaining wall at 791 Wentworth Avenue. This land, which backs up to the creek, wetlands, road and pedestrian path, is not suitable for building. It would greatly disrupt the flow of the natural habitat, taking wetlands land away from the wildlife, and disrupt the water patterns, causing an extremely dangerous intersection by blocking the view of oncoming cars from pedestrians crossing the path. The homes being built on that lot of Wentworth Ave are already causing enough disruption with the addition of driveways being cut through the pedestrian path, adding another dwelling would not only destroy the pedestrian trail, but also the natural habitat that wildlife depends on. Please do not allow this permit to move forward. I greatly oppose the intent to build. Regards, Emily Howard Homeowner, 1564 Park Circle PC PACKET Pg. # 51