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2022-04-26 Planning Commission MinutesApril 26, 2022 Mendota Heights Planning Commission Meeting Page 1 of 12 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES April 26, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 26, 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 Sally Lorberbaum, Cindy Johnson, Brian Petschel, and Andrew Katz. Those absent: Patrick Corbett and Michael Toth. Approval of Agenda The agenda was approved as submitted. Approval of March 22, 2022 Minutes Commissioner Lorberbaum noted on page two, the first sentence, it should state, “…Japanese lilac tree to the service berry tree recommended by Commissioner Johnson.” COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER PETSCHEL TO APPROVE THE MINUTES OF MARCH 22, 2022 WITH THE NOTED CHANGE. AYES: 5 NAYS: 0 Hearings A) PLANNING CASE 2022-07 SD COMPANIES, LLC/SEAN DOYLE AND HELYNE PINCE, 945 WAGON WHEEL TRAIL – PRELIMINARY/FINAL PLAT OF LILLIE’S LAKEVIEW ADDITION Community Development Director Tim Benetti explained that 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 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 acceptance of the entitlement application. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s April 26, 2022 Mendota Heights Planning Commission Meeting Page 2 of 12 website). He provided additional details on Option B submitted by the applicant. Staff recommended approval of this application based on the findings and with conditions. Chair Field read a letter submitted by the applicant explaining his absence at the meeting and asking the Commission to consider Option B. Commissioner Johnson referenced the platting procedures within City Code which requires a soil and erosion control plan as well as landscaping plan for sediment control. She asked if those documents have been provided. Community Development Director Tim Benetti replied that the soils map/report was included in the packet. He stated that each lot will have its own separate wetland permit in the future and therefore those documents would come at that time as no work will be done other than the lot split and removal of the existing home. Commissioner Johnson stated that she was appreciative of the detailed listing of the trees and asked if that has been marked to delineated removals. Community Development Director Tim Benetti replied that would occur when the homes are platted, and tree removal is known. Commissioner Johnson asked for details on drainage and flood control. Community Development Director Tim Benetti replied that would also be addressed under the wetland permits. Commissioner Lorberbaum asked and received clarification on elements within Option B. She asked if there would be a road where the current shared driveway is located. Community Development Director Tim Benetti replied that it would not be a paved or developed curb and gutter road but will be a platted roadway of 60 feet wide. He stated that in the future if it is decided to punch a road into Mendakota Country Club, the City would have that right. Commissioner Lorberbaum asked how the fire department would access the second lot and whether they could turn around. Community Development Director Tim Benetti replied that he has not checked with the fire department. Commissioner Lorberbaum commented that she has concern with that. She commented that the City will not be maintaining or plowing the access to the second lot, if it is not designated as a city road. Community Development Director Tim Benetti replied that there would be a shared driveway agreement and therefore it is similar to a driveway in that the homeowners would maintain it. April 26, 2022 Mendota Heights Planning Commission Meeting Page 3 of 12 Chair Field stated that under the proposed arrangement would a different unrelated resident be able to park their vehicle on that shared driveway and walk over to the lake. Community Development Director Tim Benetti replied that as a public right-of-way he would believe that could be done. Chair Field noted that it is a public easement and therefore could qualify as a road. Commissioner Lorberbaum stated that this is a preliminary plat approval and not a final plat request. She asked for more information on the process. Community Development Director Tim Benetti replied that the Planning Commission recommends the preliminary plat which then goes to the City Council. He stated that the final plat goes to the City Council as long as it is consistent with the preliminary plat. He stated that sometimes both the preliminary and final are presented to the Commission as the developer has submitted them together, otherwise the Commission does not review a final plat. Commissioner Petschel asked if the northern lot would be on Rogers Avenue, or whether this would not become Rogers Avenue unless the City decided to extend and connect. Community Development Director Tim Benetti replied that he does not believe that Rogers Avenue has been officially included on mapping even though part of the road was dedicated under a previous plat. He stated that the half section of road right-of-way is public at 30 feet. He stated that once the other 30 feet is dedicated, it would become a full road right-of-way of 60 feet. Commissioner Petschel commented that until the City exercises the right, the road would not be official and would not have width or facilities to accommodate parking. He stated that the road would not exist because the City has not chosen to put it in. Community Development Director Tim Benetti replied that the City chose to keep the right-of- way section and request the remainder be dedicated and provide access through license agreement at this time. Chair Field stated that if the applicant decides to only have one home on the property at the northern lot line, it would have access to a driveway of the same length proposed. Commissioner Lorberbaum commented that the proposed length would be 556, therefore if this were made a road it would exceed the maximum length for a cul-de-sac of 500 feet. Public Works Director Ryan Ruzek explained that calculation would only apply if the cul-de-sac were put at the very end, which is not typically where the cul-de-sac is placed. He stated that the cul-de-sac only needs to go to where driveways exist, therefore it would be lesser than 500 feet. Chair Field opened the public hearing. April 26, 2022 Mendota Heights Planning Commission Meeting Page 4 of 12 Greg Quehl, 963 Wagon Wheel, commented that if the fire engine could not reach this proposed length, he would ask what would happen if there were a fire at his home. He stated that he has a road that provides access for a fire truck, but they would not have room to turn around, they would simply backup. He stated that a fire truck can access the homes that already exist and therefore wondered what the issue would be with a third or fourth home. Commissioner Lorberbaum commented that staff can gain an opinion from the fire department before this moves forward to the City Council. Mr. Quehl stated that he and the Jacobs put together a question-and-answer type thing as to what would be asked of the proposal. He noted that many are public works or utility related. He stated that they did not have an objection to the proposal and asked the difference between options A and B. Community Development Director Tim Benetti identified the difference between options A and B in terms of the proposed lot lines. Mr. Quehl asked if ownership of the right-of-way would be addressed. Community Development Director Tim Benetti provided clarification on current property ownership and what is being asked by the City in terms of right-of-way dedication. Mr. Quehl noted a utility easement owned by Xcel and asked if that has been addressed. It was confirmed that there would be no changes to that easement. He asked if the lots could be setback further from the roadway and spaced further apart. Chair Field commented that those home sites are just shown in example. He noted that the applicant would return in the future with home proposals and the action before the Commission tonight is only related to the lot split. Mr. Quehl asked for details on the sewer connections. Chair Field stated that the applicant has represented that there would be separate sewer service for each lot but was unsure where those would be placed. Mr. Quehl commented on the apron at Rogers Avenue and Wagon Wheel and the difficulty on turning right out when leaving Rogers Avenue. He asked if that apron could be extended. He asked when the determination would be made as to whether Rogers would be public or private. Chair Field believed it would become public upon approval of the plat. Public Works Director Ryan Ruzek replied that he would view that as a shared driveway and therefore there would be regulations against public parking. He stated that the City has and would continue to issue a license to the homeowners to have a private driveway on a public easement/right-of-way. He commented that a random person would not have the right to park on this shared driveway. April 26, 2022 Mendota Heights Planning Commission Meeting Page 5 of 12 Larry Jacobs, 953 Wagon Wheel Trail, reinforced the comments of the previous speaker. He stated that the greatest concern they would have is related to turning the private drive into public access. He stated that if there is increased public traffic on the private drive there would be safety concerns because of the difficulty getting onto Wagon Wheel. He stated that he would not want to encourage public parking on the private driveway. He stated that he would also have concerns when the development of the homes comes forward, such as whether the private driveway would be widened and whether the mail would be relocated. Jane Haws, 940 Wagon Wheel, expressed concerns with allowing public parking. She commented that people park on her driveway to access fishing in the area the City does not want fishing. She stated that if parking were allowed on Rogers that would increase issues with safety and traffic. Chair Field stated that he apologizes for asking that question about parking and noted that has been clarified by Public Works Director Ryan Ruzek that parking would not be allowed. Commissioner Katz suggested that the resident place private driveway signs to prevent public parking. Seeing no one else coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 Commissioner Johnson referenced the staff recommendation and condition one which mentions the wetlands permits. She noted that there has been clearing activity in the past prior to a wetland permit being requested and therefore asked if additional language should be added prohibiting clearing prior to obtaining the permit. She asked if the applicant is aware of the prohibition of heavy clearing within the shore impact zone. Community Development Director Tim Benetti confirmed that language could be added. Commissioner Katz understood the recommendation of the City Attorney relating to the lots meeting the requirements. He stated that it was his understanding as a member of the Commission that the City was not allowing flag lots. Community Development Director Tim Benetti stated that the definition of a flag lot is frontage of less than 100 feet and advised that these lots would each have the necessary frontage. He stated that the City Attorney has stated that Option A could have also been approved because the frontage would have been provided along the right-of-way, whether the road were developed or not. He stated that in order to avoid any conflicts, the developer chose Option B. April 26, 2022 Mendota Heights Planning Commission Meeting Page 6 of 12 Commissioner Johnson stated that while the lot would be odd shaped, access would not be gained through the pole part therefore it would not be classified as a flag lot. Chair Field noted that the access is off platted right-of-way and therefore eliminates the consideration of a flag lot. He noted that if the intent of the City is to be spacious and gracious, this would seem to be a good fit for development. Commissioner Lorberbaum asked for clarification on whether this would be considered a private drive rather than a minor street. Public Works Director Ryan Ruzek replied that this is a private driveway per the license agreement. He stated that the license also defines the rights of the City should it desire to construct a roadway. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER JOHNSON, TO RECOMMEND APPROVAL OF THE PRELIMINARY/FINAL PLAT OF LILLIE’S LAKEVIEW ADDITION, BASED ON THE FINDINGS OF FACT AND CONDITIONS OF APPROVAL NOTED IN THE STAFF REPORT AND 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 AND PREAPPROVAL 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. 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 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 WORK ON ANY SINGLE- FAMILY RESIDENTIAL DWELLING ON EACH NEW LOT. April 26, 2022 Mendota Heights Planning Commission Meeting Page 7 of 12 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 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 A.M. TO 8 P.M. MONDAY THROUGH FRIDAY AND 9 A.M. TO 5 P.M. 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 TO THE CONTRACTOR(S) TO “COME CLEAN, LEAVE CLEAN” DURING THE COURSE OF ANY CONSTRUCTION ON THE SUBJECT PROPERTY. FURTHER DISCUSSION: COMMISSIONER JOHNSON REQUESTED TO AMEND THE FIRST CONDITION TO EMPHASIZE THAT NO CLEARING SHALL BE CONDUCTED PRIOR TO APPROVAL OF THE WETLANDS PERMIT AND THAT HEAVY CLEARING IS PROHIBITED IN THE SHORE IMPACT ZONE. COMMISSIONER PETSCHEL COMMENTED THAT THE STATE STATUTES DO NOT PROHIBIT THAT ACTIVITY. HE STATED THAT THERE WOULD BE A FOLLOW UP WETLAND PERMIT AND WANTS TO BE CLEAR THAT THERE ARE NO RULINGS ON THE VEGETATION THAT MAY OR MAY OR NOT BE REMOVED IN SUBSEQUENT PERMITS. COMMISSIONER JOHNSON AGREED. COMMISSIONER PETSCHEL AGREED TO INCLUDE THE LANGUAGE. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its May 3, 2022 meeting. April 26, 2022 Mendota Heights Planning Commission Meeting Page 8 of 12 B) PLANNING CASE 2022-08 LDK BUILDERS, 791 WENTWORTH AVENUE – WETLANDS PERMIT Community Development Director Tim Benetti explained that 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. Hearing notices were published and mailed to all properties within 350-ft. of the site; the City received one letter of objection from a neighboring property owner, no other comments or objections to this request were received. Community Development Director Tim Benetti 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. Greg Kuperus, LDK Builders, commented that he is present to answer any questions. Commissioner Johnson referenced the grading and drainage statement which states that it is anticipated that all trees will be removed within the grading limits indicated. She asked where those limits would be and where the sod would end in relation to the trail. Mr. Kuperus replied that the sod would be complete to the trail and beyond. He stated that the backyard would be sodded halfway to the filtration basin and the remainder would be seeded. Commissioner Johnson referenced the berm with trees and asked if that would be removed. Mr. Kuperus replied that they do not intend to remove the berm or those trees. Commissioner Johnson asked if the plan is to sod up to the trail, what is being placed on the opposite side of the trail – and is this land (on the other side of the trail) County property. Mr. Kuperus stated that they will sod to provide the front yard appearance and to make it mowable. Commissioner Johnson asked about a culvert near the corner, and front yard drainage towards the roadway, what would slow down the water that is draining from the front yard. Public Works Director Ryan Ruzek stated that as part of the overall development of the four lots, the City reviewed the overall grading plan and storm water management plan. He stated that the overall development and this lot meets the drainage requirements of the City. He commented that the front yard of this lot does not go into a treatment basin but would provide a reduction from the existing conditions. He stated that the culvert was installed by a previous landowner and therefore is not a County or City facility. April 26, 2022 Mendota Heights Planning Commission Meeting Page 9 of 12 Commissioner Johnson commented that the City is working towards development and implementation to increase the tree canopy and asking developers to retain mature trees and install quality trees in replacement. She stated that there are two autumn blaze maples and liked the use of the seed mix. She asked if the applicant would be willing to work with staff to increase the number of trees and high value ecosystem communities as nothing of that nature is shown on the plans. Mr. Kuperus replied that the landscaping plan is proposed and noted that there would be additional plantings around the house as this will be a high value home. He stated that he would want to know what would be required before he would agree. Commissioner Johnson asked if the applicant would be willing to work with City staff to add more trees and high value ecosystem trees and shrubs. Mr. Kuperus replied that he would work with City staff to ensure City requirements are met. Commissioner Lorberbaum asked for more information on fill that has been taken from or brought to the site. Mr. Kuperus stated that overall grading was already completed, and that dirt was moved through a separate grading permit. He stated that there would be excavation for the basement. Community Development Director Tim Benetti replied that the permit would approve the full build out of the lot for a single-family home. Chair Field opened the public hearing. Jim Carlson, property owner across the creek, asked for clarification on the lot layout as to Wachtler. Community Development Director Tim Benetti provided clarification on the orientation of the plans. Randy Pentel 815 Deer Trail Court, stated that he had questions related to drainage which appear to have already been addressed by staff. He stated that if the builder has excess dirt from the basement excavation, he could use that. Seeing no one else coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 April 26, 2022 Mendota Heights Planning Commission Meeting Page 10 of 12 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND 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 FINDINGS OF FACT AND WITH 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 PLAT GROWTH HAS BEEN ESTABLISHED, TAKING PLACE, OR IS HOLDING. 3. NO ADDITIONAL GRADING OR OTHER LAND DISTURBANCE SHALL OCCUR WITHIN 25 FEET 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 COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE NEW RESIDENTIAL DWELLING OR RETAINING WALL. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7 A.M. AND 8 P.M. ON WEEKDAYS AND 9 A.M. TO 5 P.M. ON WEEKENDS. 9. BEST EFFORTS WILL BE MADE BY THE CONTRACTOR(S) TO “COME CLEAN, LEAVE CLEAN” DURING THE COURSE OF CONSTRUCTION ON THE SUBJECT April 26, 2022 Mendota Heights Planning Commission Meeting Page 11 of 12 PROPERTY, AND ENSURE NEW GROUND MULCH IS FREE OF INVASIVE SPECIES. FURTHER DISCUSSION: COMMISSIONER JOHNSON REQUESTED TO AMEND THE MOTION TO INCLUDE ANOTHER CONDITION STATING THAT THE APPLICANT WITH WORK WITH THE NATURAL RESOURCES COORDINATOR TO INCREASE TREE CANOPY AND INSTALL HIGH ECOSYSTEM COMMUNITIES ON THE LOT. COMMISSIONER PETSCHEL STATED THAT HE WOULD NOT SUPPORT THAT. HE STATED THAT COULD BE RECOMMENDED BUT COULD NOT BE FORCED. CHAIR FIELD AGREED THAT SHOULD NOT BE INCLUDED ON THE RECORD AND SHOULD CONTINUE TO BE A RECOMMENDATION. COMMISSIONER LORBERBAUM STATED THAT THE APPLICANT HAS STATED THAT THEY WOULD BE OPEN TO WORKING WITH STAFF TO FIND OUT MORE INFORMATION BUT WOULD NOT AGREE TO DOING SOMETHING WITHOUT KNOWING WHAT THAT MAY BE. MR. KUPERUS COMMENTED THAT HE WOULD BE PLEASED TO WORK WITH STAFF TO ENSURE THE REQUIREMENTS ARE MET BUT WOULD NOT AGREE TO THINGS ABOVE AND BEYOND. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT WHEN SWEENY ADDITION PLAT 2ND WAS FILED THERE WAS A CONDITION FOR A DETAILED LANDSCAPING PLAN TO BE SUBMITTED WITH THE BUILDING PERMIT. HE STATED THAT ADDITIONAL DETAILS ARE PROVIDED AT THAT STAGE, BUT AT THIS STAGE IT IS ONLY REQUIRED THAT THE MINIMAL REQUIREMENTS BE MET. HE COMMENTED THAT HE IS CONFIDENT THAT LDK WILL BE PROVIDING ADDITIONAL PLANTINGS ON THE SITE AND THAT INFORMATION WILL BE PROVIDED AT A LATER DATE. HE STATED THAT A RECOMMENDATION COULD BE MADE THAT THE APPLICANT WILL WORK WITH THE NATURAL RESOURCES COORDINATOR ON ANY FUTURE PLANTINGS. COMMISSIONER PETSCHEL ASKED THE ORDINANCE THAT WOULD REQUIRE THE APPLICANT TO DO SO. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI REPLIED THAT IS NOT REQUIRED UNDER ORDINANCE. COMMISSIONER PETSCHEL NOTED THAT IS WHERE HIS CONCERN WOULD BE, THAT THE GROUP WOULD BE INVENTING REQUIREMENTS. HE STATED THAT THIS IS A RECORD THAT IS POTENTIALLY SOMETHING THAT COULD BE FOUGHT IN COURT, IF APPROVED BY THE COUNCIL, AND THINGS CANNOT BE PUT IN BECAUSE THAT IS HOW SOMEONE WOULD WANT IT TO BE. April 26, 2022 Mendota Heights Planning Commission Meeting Page 12 of 12 COMMISSIONER JOHNSON NOTED A DETAILED LANDSCAPING PLAN IS REQUIRED. COMMISSIONER PETSCHEL COMMENTED THAT WAS PROVIDED. COMMISSIONER JOHNSON REFERENCED THE COMPREHENSIVE PLAN. COMMISSIONER PETSCHEL NOTED THAT IS NOT CODE. COMMISSIONER JOHNSON STATED HER AMENDMENT WAS FOR THE APPLICANT TO WORK WITH THE NATURAL RESOURCES COORDINATOR, NOT TO REQUIRE ANYTHING SPECIFIC BUT SOMETHING THAT WOULD BE AMENABLE TO BOTH PARTIES. CHAIR FIELD STATED THAT HE AGREES WITH COMMISSIONER PETSCHEL AND NOT COMMISSIONER JOHNSON. HE STATED THAT PUTTING A WILL OR SHALL WOULD EXCEED THE AUTHORITY OF THE CITY. IT WAS CONFIRMED THAT RECOMMEND COULD BE USED. HE STATED THAT EVERYONE APPEARS TO BE ON THE SAME PAGE, INCLUDING THE APPLICANT, BUT THE WORDS ARE NOT AGREED UPON. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI SUGGESTED THAT AN ADDITIONAL SENTENCE COULD BE ADDED TO CONDITION FOUR; “A RECOMMENDATION FOR THE APPLICANT TO WORK WITH THE NATURAL RESOURCES COORDINATOR ON ANY FUTURE PLANTINGS PLAN.” COMMISSIONERS LORBERBAUM AND KATZ ACCEPTED THE LANGUAGE SUGGESTED BY STAFF. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its May 3, 2022 meeting. New/Unfinished Business Community Development Director Tim Benetti gave a verbal review on recent actions of the City Council relating to cases previously considered by the Commission. He expressed appreciation to Public Works Director Ryan Ruzek for filling in during his absence. He stated that there is a joint workshop between the Planning Commission and City Council scheduled for May 12th. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO ADJOURN THE MEETING AT 8:22 P.M. AYES: 5 NAYS: 0