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2022-08-23 Planning Commission Minutes August 23, 2022 Mendota Heights Planning Commission Meeting Page 1 of 17 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES August 23, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 23, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: Chair Litton Field. Approval of Agenda The agenda was approved as submitted. Approval of July 26, 2022 Minutes COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO APPROVE THE MINUTES OF JULY 26, 2022. FURTHER DISCUSSION: ACTING CHAIR LORBERBAUM NOTED ON PAGE FIVE, ABOVE ITEM B, IT SHOULD STATE, “…ADVISED THE APPLICANT THAT THE CITY COUNCIL…” ON PAGE SEVEN, THE FIFTH PARAGRAPH, IT SHOULD STATE, “…ZIG ZAG ARCHITECTURE SHOWN IN THE PLAN WOULD…” ON PAGE SEVEN THE THIRD PARAGRAPH FROM THE BOTTOM, IT SHOULD STATE, “…COMMENTED THAT ASKED IF…” AYES: 5 NAYS: 0 ABSTAIN: 1 (KATZ) Public Presentations A) City Wide Bike and Pedestrian Master Plan – (Presented by HKGI) Public Works Director Ryan Ruzek stated that the City received a grant from Dakota County to develop a city-wide bike and pedestrian master plan. He introduced the consultant present tonight to review the draft plan. He noted that any input from the public could be provided to him or on the interactive mapping tool directly. Gabrielle Grinde, HKGI, stated that they have been working with staff on the development of this plan and are currently in the second phase of engagement. She reviewed the project process which identifying existing facilities, issues, and opportunities. She also reviewed the plan purpose and goals including importance and value of a connected bicycle and pedestrian system, plan strategy and organization. She displayed a map identifying the existing facilities and provided a high-level August 23, 2022 Mendota Heights Planning Commission Meeting Page 2 of 17 summary of the phase one input. She highlighted examples of the system components that will be included in the recommendations. She also displayed a map identifying the issues and opportunities. She stated that phase two engagement began and few weeks ago and reviewed the activities that have occurred thus far, noting that the interactive map tool is available for engagement. She highlighted the next steps, noting that the draft plan will be presented to the Council at a workshop in September and then at a regular Council meeting in October. Acting Chair Lorberbaum recognized that the interactive mapping tool was included in the Friday News and asked how else this could be publicized to the residents. Public Works Director Ryan Ruzek stated that staff has reached out to many groups. He noted that staff has reached out to a local bicycle shop and an email was sent to their mailing list, ADA residents to gain that perspective, and because there was a lack of youth perspective in phase one, they are attempting to solicit more youth comments in phase two. He noted that they are also using social media. Commissioner Johnson stated that cross county athletic coaches utilize the roads for training and stated that she could provide feedback from that group. Commissioner Katz believed that there is a Mendota Heights bicycle club and suggested staff reach out to that group. Commissioner Johnson stated that they could also reach out to the Mendota Heights mom’s club. Ms. Grinde stated that the interactive tool would be great for providing comments and noted that additional comments could be provided to City staff. Hearings August 23, 2022 Mendota Heights Planning Commission Meeting Page 3 of 17 A) PLANNING CASE 2022-14 MICHAEL FRATTALLONE, 1010 SIBLEY MEM. HWY. – MRCCA PERMIT Community Development Director Tim Benetti explained that Michael Frattallone is seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit in order to approve new land alterations and vegetation clearing on his personal property located at 1010 Sibley Memorial Highway. 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 website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Petschel referenced the soil map and asked if that reflects the state of the land before any work was done by the property owner. He asked how the previous owner was allowed to get away with this as it appears the entire area was scraped clean rather than select removal of diseased trees. Community Development Director Tim Benetti provided background information noting that the site had returned to a natural state. Commissioner Petschel commented that it would seem there would be room to close a loophole which allowed that previous property owner to receive his bond back. Community Development Director Tim Benetti replied that the previous property owner was allowed to do the clearing as a precursor for development. He provided additional details on the process with that previous property owner. He stated that Mr. Frattallone then purchased the property and removed some of the unwanted vegetation and has now presented a plan to fix the property. Commissioner Toth asked if there was any follow up between property owners to ensure the property was properly managed. Community Development Director Tim Benetti commented that staff met with the previous property owner a number of times and they believed that enough progress had been made as the intention was for development to occur, noting that development never occurred. Commissioner Johnson commented that the previous property owner was required to plant 13 native trees under the previous approval and stated that in an aerial view those trees were planted. She stated that if that area became overgrown, she could see how Mr. Frattallone could have thought some of those trees were dead or dying. August 23, 2022 Mendota Heights Planning Commission Meeting Page 4 of 17 Community Development Director Tim Benetti stated that there should be a replacement plan for the trees that were removed. He stated that staff would like to see more of those replacements along the east side, of hillside area, or anywhere else on the property. He noted that they have recommended the same species but welcomed any other suggestions as well. He stated that they would like to have the property seeded and covered as soon as possible with the trees planted as well. Commissioner Johnson noted that all the trees recommended are native overstory trees. Acting Chair Lorberbaum referenced the three-year restoration plan and asked if staff checks on the property each year. Community Development Director Tim Benetti replied that there is no requirement for inspection, but staff would keep an eye on the property because of its history. He stated that the Natural Resources Coordinator or another staff member could regularly visit the site. He noted that they could take photos and continue to provide updates to the Commission if desired. Acting Chair Lorberbaum suggested that regular updates be provided. Community Development Director Tim Benetti commented that staff can provide regular visits to the property, even once per month during the growing season. Commissioner Johnson commented that she believes that relates to the three-year maintenance and management plan. She believed that the trees needed to be planted before those three years. Community Development Director Tim Benetti suggested that the replacement of the trees be allowed to occur within the three-year period, while the restoration plan should be implemented immediately. Commissioner Corbett asked if there is still thistle remaining onsite and whether the plan accounts for that. Community Development Director Tim Benetti confirmed that there is still thistle as staff stopped them before they got to that area. He confirmed that staff would want that removed as it is invasive. Commissioner Toth referenced the narrative within the packet which mentions the stop work order. He stated that there have been a number of situations recently where a resident has begun work on their property without knowing the requirement of the MRCCA permit. He asked how the City can do a better job educating residents of the required process. Community Development Director Tim Benetti replied that there is information on the City website and included in the newsletters. He stated that he intended to send a direct mailing to all property owners in the MRCCA but that has not yet happened. He stated that this year has been a bit odd with a number of wetland violations and this was one of the MRCCA violations that they caught as well. He stated that Mr. Frattallone has been good to work with and he wants to fix this and do a good job. August 23, 2022 Mendota Heights Planning Commission Meeting Page 5 of 17 Acting Chair Lorberbaum asked the chances of the runoff going down the driveway and impacting the neighboring property as currently designed. Public Works Director Ryan Ruzek commented that there is not a change to the historical drainage patterns of the property. He noted that the property to the west has experienced drainage problems from this property for years. He stated that this plan will not make that issue better or worse. He stated that if a new home is constructed on the second lot, it would need to create stormwater treatment to offset the impervious surface. He noted that this project would not add impervious surface. He stated that there is a condition to replace the 14 trees and those trees could absorb some water. Commissioner Johnson asked if staff has the stormwater flow map for the property. Public Works Director Ryan Ruzek described the path drainage takes entering this property from the east and flowing to the west. Commissioner Johnson referenced the profile showing the sod and trees. She stated that to the right of the volleyball court the elevation goes up and asked if there is more grading that would be done as the profile sketch does not match the grading of the property. Community Development Director Tim Benetti commented that staff stopped the grading halfway through. He stated that the applicant can provide more details. Commissioner Toth asked the type of soil on the property. Community Development Director Tim Benetti described the soil conditions. Commissioner Toth stated that type of soil naturally absorbs water. Community Development Director Tim Benetti confirmed that the area will act as a natural infiltration basin for the water that comes from the east. He stated that staff hopes that the water would pond or pool in the area of the sand volleyball court. Acting Chair Lorberbaum opened the public hearing. Nicole Frattallone, 1010 Sibley Memorial Highway, stated that they are trying to make the property look better. She commented that the weeds were so thick they were trying to improve that and were not aware a permit was needed but would like to move forward in the right way. Stephen Mastey, landscape architect representing the applicant, stated that they are excited to hear from neighbors and will then provide additional input. Alan Anderson, 1645 James Court, stated that his property backs up to the Frattallone property. He commented that there is a significant wooded area that was cleared away. He is thankful that Commissioner Johnson brought up the replacement of trees as there were a significant number of August 23, 2022 Mendota Heights Planning Commission Meeting Page 6 of 17 mature trees on the southern half of the property that were removed and do not appear to be a part of the discussion tonight. He recognized that the trees were not on his property, therefore he does not have control over that, but commented that there was wildlife habitat in that area. Acting Chair Lorberbaum asked if the trees on the southern half were removed by the previous owner or current owner. Mr. Anderson replied that the trees were removed by the current property owner. Pat Anderson, 1645 James Court, stated that she was a bit confused by the staff presentation as most of the work mentioned was in front of the house whereas there concern with what occurred in the back of the home. She stated that area was heavily wooded, but those trees are now gone as is the wildlife that used to be in that area. She stated that they were aware of the work the previous owner did as well as the replacement planting that resident did. Commissioner Johnson asked the type of trees that were removed. Mrs. Anderson was unsure but confirmed there were not evergreen trees. Mr. Mastey commented that there are a lot of boxelders that are diseased and dying. He provided a quick drainage plan he drew and explained that most of the stormwater comes from the east, moving across the site from right to left. He stated that they are not planning to change the drainage plan and the only grading would be a few inches. He stated that the profile sketch was not perfect and meant to show the trees, recreational land, and sloping of the property which is high on the right and low on the left. He stated that the only grading would be the soil correction that they had planned. He stated that he was on the site five years ago and provided some photographs noting that the area was prepped to make way for a future home site, driveway, and associated improvements. He also provided a photograph of the site as it looks today, noting that they are not requesting to remove significant vegetation but to manage those areas and complete soil corrections. He stated that there is class five material, and the drainage moves across that area to the next property. He stated that they would be loosening that soil up to better drain and then add native plantings that would benefit pollinators and assist in water quality treatment. He provided a sketch of what the area would look like with the volleyball court and landscaping as proposed. Commissioner Toth noted a berm shown in the sketch displayed. Mr. Mastey provided additional details noting that they would keep the inherited grade of the property and would just be amending the soils. He provided additional details on the invasive species that exist on the site and the management that they would like to complete. He stated that with the plantings they are attempting to increase biodiversity, targeting pollinators. He explained why the buffer area around the property is important to their plan. He stated that their plan is to create a habitat for pollinators in that buffer area. He commented that the biggest issue they had is that there was a requirement to plant trees five or six years ago. He noted that since that time those trees may have become diseased and dying. He stated that these property owners inherited landscaping that appeared to be neglected and asked how they could be held accountable for something that was not in great condition when they decided to try to make it better. He stated August 23, 2022 Mendota Heights Planning Commission Meeting Page 7 of 17 that the time limits for the trees required by the previous property owner has passed, the property was neglected, and the new property owners are trying to make their property better that allows them to enjoy their property and incorporate biodiversity that is lacking. Commissioner Corbett asked if the applicant would address the concerns of the neighbor. Ms. Frattallone welcomed the neighbors to come over and discuss the trees they were concerned with. Acting Chair Lorberbaum asked if the property owner would be willing to replant trees on the southern portion of the site. Ms. Frattallone commented that there were some dead trees on the southern portion of the property that were leaning towards the home along with invasive. She confirmed that they would be willing to add trees on that portion of the property. Commissioner Johnson stated that when she visited the site, looking towards the north there were many cottonwood trees ranging in size and asked the plan for those trees. Mr. Mastey identified the small bushy trees that are invasive in that area. He stated that there are also Chinese elm and buckthorn in that area which are also invasive, and the cottonwoods are mixed in. He stated that in order to manage the invasives, they would need to remove those trees and correct the soils. He did not believe the invasives could be managed without damaging the cottonwoods. Commissioner Johnson commented that cottonwoods are pollinator friendly and desired in the bluff area, therefore she would like to see some of the six-foot cottonwoods remain. Mr. Mastey stated that while it would be nice to keep those trees, they are growing on a parking lot surface and therefore it would be impossible to correct the soils to support the native landscaping without disturbing those trees. He stated that if a cottonwood were to come up after the site is stabilized, they could leave it. Commissioner Johnson commented that while a native planting is good, it does not provide the same biological and ecological benefit as trees. Mr. Mastey agreed but noted that there are trees existing on the site while it lacks the biodiversity that the plantings would provide. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 6 August 23, 2022 Mendota Heights Planning Commission Meeting Page 8 of 17 NAYS: 0 Commissioner Petschel stated that he agrees with the plans for the front, but it sounds like there was removal of an unknown amount of vegetation in the back without a permit and stated that may need to be addressed as a second issue. Community Development Director Tim Benetti stated that under the previous 2017 plan, the former staff member identified a lot of the areas around the home that would be approved for removal of dead/diseased/dying trees. He stated that Mr. Frattallone agreed that there was work in the back to remove dangerous trees. He stated that the homeowner stated that they are willing to replant in that area and he trusts that staff could work with the homeowner to replace those trees. Commissioner Petschel stated that he is upset by the work of the previous property owner as that work was allowed with the preface that a home would be built. Community Development Director Tim Benetti replied that he believed the previous property owner had an intention to build a second home or the lot split would not have moved forward. Commissioner Petschel stated that he feels that he was misled by the previous property owner and therefore does not want to fall into that same pit. He asked if the City would be allowed to place a lien on the property for future projects of that nature. Commissioner Katz commented that this is beyond the scope of this case. Commissioner Corbett commented that the presentation mentioned that thankfully nothing in the bluff impact zone (BIZ) was touched but it appears that perhaps there was work in that area therefore it seems like this is an incomplete scope of the project. Commissioner Petschel commented that the property needs to be restored per the MRCCA rules. Commissioner Corbett stated that data needs to be established related to the trees on the southern portion of the property in the same manner the trees on the north are being discussed. Community Development Director Tim Benetti replied that there is nothing wrong with removing trees in the BIZ if they are considered invasive, or diseased, or dying. He believed that it is fair for the homeowner to offer the replacement trees. Commissioner Toth asked if the homeowner removed those trees or whether the contractor removed the trees. Community Development Director Tim Benetti replied that the contractor did the tree removal and staff spoke with the contractor to stop the work. Commissioner Johnson asked if this could be broken into two permits, requiring the homeowner to come in for an after the fact permit for the south side. August 23, 2022 Mendota Heights Planning Commission Meeting Page 9 of 17 Community Development Director Tim Benetti commented that staff would like to see the site buttoned up as soon as possible and would not want to delay that action. He stated that the Natural Resources Coordinator and Public Works Director can work with the applicant and Mr. Mastey on the tree replanting. Commissioner Petschel stated that if there was substantial removal in that area, it could be brought back as a separate violation. Commissioner Johnson stated that she would prefer to do an after the fact permit for the south side, which would allow this to continue to move forward. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE MRCCA PERMIT TO MICHAEL FRATTALLONE AND FOR THE PROPERTY LOCATED AT 1010 SIBLEY MEMORIAL HIGHWAY, WHICH WOULD ALLOW VEGETATION CLEARING AND RESTORATION, ALONG WITH SOME EXISTING AND FINISHED LAND DISTURBANCE AND GRADING ACTIVITY, AND PLACEMENT OF A NEW SAND VOLLEYBALL COURT ALL BASED ON THE FINDINGS OF FACT THAT THE PROPOSED PROJECT IS COMPLIANT WITH THE POLICIES AND STANDARDS OF THE MRCCA ORDINANCE AND CITY CODE, WITH THE FOLLOWING CONDITIONS: 1. THE NEW IMPROVEMENTS AND WORK DESCRIBED, ILLUSTRATED AND DETAILED ON THE “LANDSCAPE PLAN – FRATTALLONE RESIDENCE – 1010 SIBLEY MEMORIAL HIGHWAY” AND ANY OTHER PLANS RELATED TO THIS PROJECT SHALL BE THE ONLY WORK OR IMPROVEMENTS ALLOWED AND APPROVED UNDER THIS NEW MRCCA PERMIT. 2. ALL NEW NATIVE PLANTING WILL BE CONSISTENT WITH THE MNL SAVANNA MIX – SHORTGRASS SEED PLANTING LIST AS PROVIDED BY THE APPLICANT. 3. NO EXISTING TREES OR VEGETATION IS ALLOWED TO BE REMOVED UNLESS THEY ARE IDENTIFIED AS DISEASED, DYING OR DEAD, OR CONSIDERED INVASIVE OR NOXIOUS VEGETATION. ANY OTHER TREES OR VEGETATION REQUESTED TO BE REMOVED BY THE APPLICANT MUST BE REVIEWED AND APPROVED BY THE CITY’S NATURAL RESOURCES COORDINATOR. 4. FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING ANY NEW GRADING, PLANTING AND CONSTRUCTION WORK ACTIVITIES. 5. ALL GRADING AND CONSTRUCTION ACTIVITY WILL FOLLOW APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. THE APPLICANTS MUST SUBMIT AND RECEIVE A SWPP PERMIT AND NPDES PERMIT (IF NECESSARY) PRIOR TO START OF ANY NEW CONSTRUCTION WORK. 6. ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. WEEKENDS. August 23, 2022 Mendota Heights Planning Commission Meeting Page 10 of 17 7. THE CITY WILL ISSUE A CERTIFICATE OF COMPLIANCE AFTER THE VEGETATION RESTORATION PLAN REQUIREMENTS HAVE BEEN COMPLETED TO THE SATISFACTION OF PUBLIC WORKS DIRECTOR. 8. THE LOSS OF TREES ON THE SOUTH SIDE OF THE PROPERTY BE EVALUATED FOR REPLANTING. 9. A THREE-YEAR MAINTENANCE PLAN SHALL BE REQUIRED. FURTHER DISCUSSION: COMMISSIONER PETSCHEL STATED THAT HE DOES NOT WANT TO PUNISH THE CURRENT PROPERTY OWNERS FOR THE ACTIONS OF THE PREVIOUS PROPERTY OWNER. HE STATED THAT THIS RESIDENT IS WILLING TO SPEND MONEY TO FIX AN EYESORE AND POTENTIAL WATER ISSUE. HE STATED THAT HE IS NOT THRILLED THAT THIS WILL MOSTLY BE LAWN. HE BELIEVED THAT THE CITY SHOULD LOOK FURTHER INTO HOW IT CAN BIND PEOPLE TO THE WORK THEY SAY THEY WILL DO. COMMISSIONER CORBETT STATED THAT THEY HAVE SPENT A LOT OF TIME DISCUSSING THIS AND APPLAUDS THE WORK OF THIS RESIDENT AS IT IS A STEP IN THE RIGHT DIRECTION BUT BELIEVES THE SAME ATTENTION SHOULD BE GIVEN TO THE SOUTH SIDE OF THE HOME. ACTING CHAIR LORBERBAUM STATED THAT IS INCLUDED IN THE MOTION. COMMISSIONER CORBETT STATED THAT HE WOULD PREFER TO TABLE THIS IN ORDER TO PROVIDE THE DATA ON THE TREES THAT WERE REMOVED. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO TABLE CASE #2022-14 UNTIL MORE INFORMATION IS PROVIDED ABOUT THE SOUTHERN SIDE OF THE PROPERTY. AYES: 3 (CORBETT, TOTH, JOHNSON NAYS: 3 COMMISSIONER PETSCHEL ASKED WHAT WOULD BE NEEDED TO MOVE FORWARD FOR THOSE THAT VOTED TO TABLE. COMMISSIONER JOHNSON STATED THAT SHE WOULD LIKE TO SEE THE 14 TREES IN THE PLAN THAT ARE NATIVE. SHE STATED THAT SHE WOULD LIKE TO SEE THE SOUTH SIDE HAVE A SEPARATE AFTER THE FACT PERMIT. COMMISSIONER PETSCHEL COMMENTED THAT WOULD BE AN ENFORCEMENT ACTION BECAUSE THERE WAS NOT A VEGETATION REMOVAL PERMIT. HE BELIEVED THAT WOULD BE HEAVY HANDED AS THE APPLICANT IS HERE. COMMISSIONER JOHNSON ASKED HOW ELSE THEY COULD ENSURE THE DATA IS PROVIDED AND THE ISSUE IS ADDRESSED IN THE SAME MANNER THIS IS BEING August 23, 2022 Mendota Heights Planning Commission Meeting Page 11 of 17 ADDRESSED. SHE NOTED THAT WOULD ALLOW THIS PORTION TO MOVE FORWARD. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF WILL WORK WITH THE APPLICANT TO ADDRESS THAT AREA AND BELIEVED THE CONDITIONS PROPOSED BY COMMISSIONER PETSCHEL IS FAIR. HE STATED THAT HE WOULD LIKE TO GET THIS BACK ON TRACK TO BUTTON UP THE SITE BEFORE WINTER SETS IN. HE BELIEVED THAT THE EVALUATION COULD BE DONE BY STAFF AND PRESENTED AT THE CITY COUNCIL MEETING. HE CONFIRMED THE ADDITION OF 14 TREES BEING ADDED TO THE SITE AS RECOMMENDED BY COMMISSIONER JOHNSON. COMMISSIONER PETSCHEL STATED THAT HE AGREES THAT STAFF COULD WORK WITH THE APPLICANT TO ADDRESS THE SOUTHERN PORTION OF THE SITE PRIOR TO PRESENTATION TO THE CITY COUNCIL. ACTING CHAIRPERSON LORBERBAUM CONFIRMED THAT SHE WOULD AGREE TO THAT. COMMISSIONER JOHNSON ASKED HOW THE INPUT WOULD BE GAINED FROM THE ANDERSONS ON WHAT OCCURRED. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF WOULD MEET WITH THE APPLICANT AND THEIR LANDSCAPING ARCHITECT IN ORDER TO EVALUATE THE SOUTH SIDE AND COME TO AN AGREEMENT WHICH WILL BE PRESENTED TO THE COUNCIL. HE STATED THAT HE WILL ALSO RECOMMEND THAT THE APPLICANT MEET WITH THE ANDERSONS TO SOLICIT INPUT. HE NOTED THAT THE ANDERSONS COULD REACH OUT TO HIM FOR MORE INFORMATION OR COULD ATTEND THE CITY COUNCIL MEETING AS WELL. COMMISSIONER TOTH STATED THAT AFTER STAFF VISITS THE PROPERTY, HE WOULD LIKE THAT INFORMATION TO BE SHARED WITH THE PLANNING COMMISSION. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI CONFIRMED THAT HE COULD SEND THAT INFORMATION TO THE COMMISSION MEMBERS. HE NOTED THAT WOULD ONLY BE INFORMAT IVE AND THERE COULD NOT BE DISCUSSION AND THERE SHOULD NOT BE A REPLY TO ALL BY ANY MEMBERS OF THE COMMISSION. ACTING CHAIR LORBERBAUM REVIEWED THE ADDITIONAL CONDITIONS THAT HAVE BEEN ADDED TO THE MOTION. AYES: 5 NAYS: 1 (CORBETT) August 23, 2022 Mendota Heights Planning Commission Meeting Page 12 of 17 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. B) PLANNING CASE 2022-19 XCEL ENERGY, 944 SIBLEY MEMORIAL HIGHWAY – MRCCA PERMIT AND VARIANCE Community Development Director Tim Benetti explained that Xcel Energy (Northern States Power Company) is seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit and Variance, in order to replace and install a new ten-foot-high security fence on their natural gas transfer/distribution site, located at 944 Sibley Memorial Highway. 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 website). Staff recommended approval of this application based on the findings and with conditions. Acting Chair Lorberbaum opened the public hearing. Brian Sullivan, Xcel Energy, stated that they are continuing to make improvements to their facilities and identified that a better fence should be provided at this location. He provided details on the proposed fence, noting that it would be difficult to crawl to the top. Commissioner Johnson stated that she visited the website of the fence manufacturer and noticed that there were clear pictures of the galvanized finish which can be very striking. She stated that it was her understanding that the fence is also available in black and believed that might be a better fit for the site given the adjacent uses. Mr. Sullivan stated that he was unsure. He stated that the initial response would be to stay with the galvanized finish because it holds up. Commissioner Johnson replied that it is her understanding that the product would be galvanized and then painted black before shipped. She commented that a ten-foot tall, galvanized fence could be visually intrusive. Mr. Sullivan stated that in his experience galvanized does not reflect. Commissioner Toth asked if Commissioner Johnson would request the fence to be black on all four sides, or only the side adjacent to the highway. Commissioner Johnson stated that the product is shown in black as an option. August 23, 2022 Mendota Heights Planning Commission Meeting Page 13 of 17 Commissioner Corbett stated that perhaps Xcel has qualified this product in other instances. He noted that perhaps the paint chips off or causes other issues. Commissioner Johnson asked if a preference could be made for black and if Xcel could not use black, the galvanized could move forward. Community Development Director Tim Benetti commented that from a zoning standpoint, he would not have the ability to dictate color but because this request is different from what is typically allowed, the Commission could provide that preference. Acting Chair Lorberbaum asked if foliage could be recommended in front of the fence to lessen the impact. Community Development Director Tim Benetti commented that the purpose and intent of the fence is to prevent people from climbing the fence but also allow visibility for safety and security and therefore covering the fence with foliage would defeat that purpose. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER __, TO RECOMMEND APPROVAL OF THE PROPOSED MRCCA PERMIT REQUEST FROM XCEL ENERGY AND FOR THE PROPERTY LOCATED AT 944 SIBLEY MEMORIAL HIGHWAY, ALONG WITH THE VARIANCE TO INSTALL A NEW TEN FOOT SECURITY FENCE ON THE SUBJECT SITE WITH A COLOR PREFERENCE OF BLACK, BASED ON THE FINDINGS OF FACT SUPPORTING THIS VARIANCE APPLICATION REQUEST AND CONDITIONS NOTED HEREIN. AYES: 6 NAYS: 0 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. C) PLANNING CASE 2022-20 DICK BJORKLUND, 2511 CONDON COURT – LOT SPLIT Community Development Director Tim Benetti explained that Dick Bjorklund is seeking approval to subdivide a parcel of property generally located near the southwest corner of Condon Court and Mendota Heights Road. The property is officially addressed as 2511 Condon Court. This August 23, 2022 Mendota Heights Planning Commission Meeting Page 14 of 17 proposed lot split is actually a division of the lot in order to create two separate parcels for a new twin home development, thus providing a legal dividing (or demising) line between both residential units. This lot split/subdivision request requires City review and approval before any plat or survey can be accepted and recorded by Dakota County. 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 website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Johnson noted an update to condition two within the findings of fact. Acting Chair Lorberbaum opened the public hearing. Dick Bjorklund, applicant, stated that he began the project in 2015 and provided background information. He stated that he believes a twin home would look better on this lot because of the frontage and the additional space that would be available for greenspace and tree preservation. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVE OF THE LOT SPLIT AS SUBMITTED WITH THE FOLLOWING CONDITIONS: 1. APPROVAL OF THIS LOT SPLIT CONFIGURATION IS ONLY FOR THE BENEFIT OF ACCOMMODATING A NEW ATTACHED TWIN HOME DWELLING BETWEEN BOTH PARCELS. THE SPLITTING OF THIS R-2 ZONED LOT DOES NOT PROVIDE ANY ALLOWANCE TO DEVELOP A DETACHED SINGLE-FAMILY DWELLING AND/OR DETACHED TOWNHOME DWELLING ON EACH NEW PARCEL. 2. AS PART OF ANY NEW BUILDING PERMIT APPLICATION FOR THE NEW TWIN HOME DEVELOPMENT, THE APPLICANT AND/OR CONTRACTOR SHALL SUBMIT FULL GRADING AND UTILITY PLANS SUBJECT TO REVIEW AND APPROVAL BY CITY STAFF. 3. PARK DEDICATION FEE OF $4,000 (FOR ONE ADDED RESIDENTIAL UNIT) WILL BE PAID BEFORE THE SUBDIVISION IS ALLOWED TO BE RECORDED WITH DAKOTA COUNTY. August 23, 2022 Mendota Heights Planning Commission Meeting Page 15 of 17 4. THE EXISTING OAK TREES ON THE SITE SHALL BE PRESERVED. AYES: 6 NAYS: 0 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. D) PLANNING CASE 2022-21 JEFF SIMEK, 1753 SUTTON LANE – PRELIMINARY/FINAL PLAT AND CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that Jeff Simek is requesting consideration of a preliminary/final plat of three parcels to be titled “B Marie Addition”. As part of this platting, Mr. Simek is also requesting a conditional use permit to construct a new 26’ x 38’ detached garage. The property is located at 1753 Sutton Lane. 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 website). Staff recommended approval of this application based on the findings and with conditions. Acting Chair Lorberbaum asked if the structure would be called a garage or accessory structure. Community Development Director Tim Benetti replied that the terms are interchangeable. Commissioner Petschel asked if a dedication fee would be required for a plat. Community Development Director Tim Benetti replied that in this case, the lots were originally platted in the separate developments and therefore park dedication was already paid by each unit. He stated that this would not create a new lot and would simply be combination of lots. Commissioner Johnson asked if the drainage from the new garage would impact the adjacent home. Community Development Director Tim Benetti replied that there would be a ten-foot side yard setback and the adjacent property would not be impacted. Commissioner Johnson referenced the mention of native grasses and asked for a more detailed explanation. Acting Chair Lorberbaum opened the public hearing. August 23, 2022 Mendota Heights Planning Commission Meeting Page 16 of 17 Jeff Simek, applicant, stated that it was always his hope to build a second garage and believes that this setup fits well on the property. He stated that he has spoken with his neighbors to answer any questions. He provided details on the native grasses proposed and other landscaping elements. Commissioner Johnson commented that there are differences between decorative and native grasses and asked that the details be included prior to the City Council meeting. Public Works Director Ryan Ruzek provided details on his conversations with a neighboring property owner that did not oppose the project after finding out more details. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE PRELIMINARY/FINAL PLAT OF “B MARIE ADDITION” ALONG WITH THE CONDITIONAL USE PERMIT TO ALLOW THE OVERSIZED GARAGE NOT TO EXCEED 988 SQUARE FEET IN AREA, AND FOR THE PROPERTY LOCATED AT 1753 SUTTON LANE, BASED ON THE FINDINGS OF FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE NEW DETACHED GARAGE MUST MATCH THE OVERALL ARCHITECTURE AND DESIGN OF THE EXISTING RESIDENTIAL DWELLING ON THE SUBJECT PROPERTY AND SHALL NOT EXCEED 988 SQUARE FEET IN SIZE (BUILDING AREA). 2. THE PROPOSED DETACHED GARAGE SHALL BE CONSTRUCTED IN COMPLIANCE WITH ALL APPLICABLE CITY CODE STANDARDS NOTED IN SECTION 12-1D-3 ACCESSORY STRUCTURES AND MINNESOTA BUILDING CODE STANDARDS. 3. THE APPLICANT MUST OBTAIN A BUILDING PERMIT PRIOR TO ANY EXCAVATION OR CONSTRUCTION OS SAID GARAGE. 4. ALL GRADING AND CONSTRUCTION ACTIVITIES AS PART OF THE PROPOSED DEVELOPMENT SHALL COMPLY WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 5. THE NATIVE GRASS SPECIES SHALL BE SPECIFIED. AYES: 6 NAYS: 0 August 23, 2022 Mendota Heights Planning Commission Meeting Page 17 of 17 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. New/Unfinished Business Community Development Director Tim Benetti provided an update on projects recently approved by the City Council that had recommendations from the Planning Commission. He also noted the workshop occurring the following night. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 9:34 P.M. AYES: 6 NAYS: 0