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2022-12-21 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 WEDNESDAY, DECEMBER 21, 2022 - 7:00 PM Mendota Heights City Hall – Council Chambers 1101 Victoria Curve Mendota Heights MN 55118 1.Call to Order / Roll Call 2.Approval of Minutes a.Approve the October 25, 2022 Regular Planning Commission Meeting Minutes b.Approve the September 28, 2022 Planning Commission Workshop Notes c.Approve the November 17, 2022 Planning Commission Workshop Notes 3.Public Hearings a.CASE No. 2022-23 Wetlands Permit – to authorize the construction of new single-family dwelling adjacent to Rogers Lake and for property located at 945 Wagon Wheel Trail (SD Custom Homes /Sean Doyle – Applicant / Owner) 4.Zoning Ordinance Update Project a.Zoning Update Summary Discussion (SHC Consulting) 5.New / Unfinished Business 6. Adjourn Meeting CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES OCTOBER 25, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 25, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 6:55 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. No absents. Approval of Agenda The agenda was approved as submitted. Approval of August 23, 2022 Minutes Commissioner Johnson noted on page three, the seventh paragraph, it should state, “She stated that because Tamarack trees lose their needles and if the area became overgrown with weeds…” COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER CORBETT, TO APPROVE THE MINUTES OF AUGUST 23, 2022 AS AMENDED. AYES: 7 NAYS: 0 Commissioner Lorberbaum asked that when a question is asked, the answer is provided in the minutes. She noted that there were two action items for staff, referencing page four and asked if those actions have occurred. Community Development Director Tim Benetti replied that he did send the letter to MRCCA property owners as discussed. Commissioner Lorberbaum also referenced page 11, which had an action item and asked staff for an update. Community Development Director Tim Benetti replied that he did not have an update at this time unless someone had a question. Chair Field noted that he would prefer to hold the public hearing prior to the presentation tonight. Hearings A)PLANNING CASE 2022-22 DROP SHOT LLC/LAMAR LLC, 1415 MENDOTA HEIGHTS ROAD – CONDITIONAL USE PERMIT PC PACKET Pg. # 1 Community Development Director Tim Benetti explained that the applicant is seeking a conditional use permit (CUP) to place a new indoor athletic club facility inside a vacant space within an existing multi-tenant building, located at 1415 Mendota Heights Road. The proposed name of the facility is Twin City Racquet & Squash Club. The property is generally located at the northwest corner of Mendota Heights Road and Pilot Knob Road and is situated in the I-Industrial district. City Code Section 12-IG-2 allows certain defined “commercial recreation” uses by means of a conditional use permit in the Industrial district. 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 asked if the indoor rule would have to do with the fact that this would be located in an industrial area. Community Development Director Tim Benetti replied that is a requirement by Code, to contain all elements inside the building. Chair Field opened the public hearing. Jeff Mulligan, representing the applicant, stated that he is present to answer any questions. Commissioner Lorberbaum asked for details on potential signage. Mr. Mulligan replied that he is unsure. He stated that they would want something identifying the business. He believed that signage on the building would be appropriate. He confirmed that they would meet City Code. Commissioner Lorberbaum noted the 24-hour facility and asked if staff would be onsite at all times in case someone is injured. Mr. Mulligan replied that they would not have staff 24 hours per day. He stated that there would be staff during the typical hours, but the other hours would be accessible through the key system. Jeff Nath, 1911 Knob Road, stated that his concern is the number of people that will be pulled into an industrial area on the outside of town. He had a concern with lighting as it could attract unsavory characters. He noted that perhaps there is a blue box to alert police if needed, similar to a college campus. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. PC PACKET Pg. # 2 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE PROPOSED TWIN CITY RACQUET AND SQUASH CLUB FACILITY AND COMMERCIAL RECREATIONAL USE IN THE I-INDUSTRIAL DISTRICT, BASED ON THE FINDINGS-OF- FACT AND WITH THE FOLLOWING CONDITIONS: 1. ALL RACQUET OR ATHLETIC ACTIVITIES SHALL BE CONDUCTED ENTIRELY WITHIN THE ENCLOSED BUILDING. THE OUTDOOR PADEL COURT SHOWN ON THE SUBMITTED SITE PLAN IS NOT APPROVED AND WILL NOT BE ALLOWED UNDER THIS CUP APPROVAL. 2. THE 24 PARKING SPACES LOCATED ON THE BACK SIDE OF THE BUILDING AND THE 16 SPACES LOCATED ON THE EAST EDGE OF THE EXISTING PARKING AREA, AS ILLUSTRATED ON THE SITE PLAN, MUST ALL BE STRIPED. 3. OUTDOOR STORAGE AND DISPLAY OF MATERIALS IS PROHIBITED. 4. A SIGN PERMIT SHALL BE REQUIRED PRIOR TO INSTALLATION OF ANY ADDITIONAL TENANT SIGNAGE ON THE SUBJECT PARCEL/BUILDING. NO BANNER OR TEMPORARY SIGNS WILL BE ALLOWED. 5. A BUILDING PERMIT SHALL BE REQUIRED PRIOR TO ANY APPLICABLE DEMOLITION OR TENANT SPACE IMPROVEMENTS. 6. NO ON-STREET PARKING OR BLOCKING OF LOADING AREAS IS ALLOWED. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its November 1, 2022 meeting. Community Development Director Tim Benetti commented that he will work with the property owner to ensure the lighting is sufficient for the nighttime hours. Public Presentation B) MISSISSIPPI RIVER CORRIDOR CRITICAL AREA ORDINANCE OVERVIEW AND PRESENTATION Dan Petrik, Lake and River Shoreland Program Manager with MN Department of Natural Resources, reviewed the purpose of the MRCCA which was established in 1976 and regulates 32 communities along the river corridor. He explained the purpose and intent of both the MRCCA Ordinance and Plan and how the two work together. He identified the different primary conservation areas noting that the bluff impact zone and vegetation are the two most impactful in PC PACKET Pg. # 3 Mendota Heights. He provided more details on bluff and bluff impact zone, vegetative areas, and public corridor views identifying where they exist within the community. He reviewed the different MRCCA districts noting that the district determines the allowed height and setbacks. He noted that one of the most common requests the Commission may review would be variances and explained how those should be considered against the MRCCA standards and regulations and the criteria that should be considered. He reviewed the vegetation removal that is allowed without a permit as well as that which would require a permit. He explained the difference between that selective vegetation removal and intensive vegetation removal. He reviewed the performance standards for a vegetation removal permit and provided details on the vegetation restoration that would be required. He also provided details on land alteration within the MRCCA and the related requirements. He provided information on permit administration and resources available online. Commissioner Corbett asked if removal of one tree to improve the view of the property owner would be allowed without a permit. Mr. Petrik replied that as long as a whole swath of trees is not removed, it would be allowed. He stated that perhaps that should be done in consultation with neighbors as neighbors appreciate trees as well. Commissioner Lorberbaum commented that she has been walking neighborhoods and listening to concerns of residents. She asked if a community would need to follow the ordinance or issue variances. Mr. Petrik replied that is technically true most of the time but noted that a planned unit development would be a tool a community could use to provide variances and flexibility. Commissioner Katz commented that the community has a lot of natural springs that run along the bluff which could be impacted by development and asked how that would be regulated. Mr. Petrik replied that there is some standard speak to hydrological systems in terms of land alteration that was not included in his presentation. He noted that the City Engineer would need to review the plans to determine the stability of the soil. Commissioner Katz asked if the location of the springs is tracked. Mr. Petrik replied that the DNR does not map that information, but a local community could choose to do so. Commissioner Petschel asked if there has been case law on the delineation between selective and intensive vegetation removal. Mr. Petrik noted that language is fairly new and there has not yet been case law on that topic. He explained the difference between the selective and intensive vegetation removal. Commissioner Johnson stated that the City has underground springs classified as a primary conservation area and asked if Mr. Petrik would find that appropriate. PC PACKET Pg. # 4 Community Development Director Tim Benetti confirmed that language was added in response to a potential development that encountered that scenario. Mr. Petrik agreed that was a good addition for this landscape. Commissioner Johnson asked if there is a way to map the underground springs. Commissioner Katz commented that property owners were asked by the DNR to provide information on springs on their property at one time but was unsure where that process led. He stated that the information is available on the Minnesota spring inventory. Chair Field noted that unfortunately that suffers from being voluntary in submission, therefore information has only been provided by those that voluntarily contributed their data. He thanked Mr. Petrik for the presentation. New/Unfinished Business Community Development Director Tim Benetti referenced a previously requested update from Commissioner Lorberbaum and noted that staff did go out to further evaluate the property and noted that there was not a lot of cutting. He noted that the tree removal was a result of cutting dead trees. He noted that staff identified a number of additional trees that should be removed because they were dead, dying, or invasive. He stated that staff also identified the areas that should be restored. He also provided an update on the progress of that site, noting that it will remain under the three-year maintenance period and the property owner has continued to be very cooperative. He also asked that the Commission begin to use the Mendota Heights issued emails for Commission business. He noted that the workshop for this week has been canceled. He stated that staff has not yet received any applications and therefore if there is not business to hold a regular meeting, the Commission may hold a workshop instead. Chair Field stated that if there is not a planning case, perhaps a workshop be held the week earlier to avoid the holiday. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 8:11 P.M. AYES: 7 NAYS: 0 PC PACKET Pg. # 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION WORKSHOP NOTES SEPTEMBER 28, 2022 A special workshop relating to the Zoning Code Update was held on Wednesday, September 28, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 5:30 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Sally Lorberbaum, Cindy Johnson, Brian Petschel, and Andrew Katz Also present: Community Development Director Tim Benetti; Planning Consultant Jennifer Haskamp; City Administrator Cheryl Jacobson, City Engineer Ryan Ruzek Commissioner Lorberbaum made a motion to approve the workshop notes from July 27, 2022; Commissioner Katz seconded. Motion carried. Commissioner Lorberbaum made a motion to approve the workshop notes from August 24, 2022; Commissioner Katz seconded. Motion carried. Character, Design and Building Standards Discussion Planner Haskamp introduced the Character, Design and Building Standards topic. Planner Haskamp started with the Residential Zoning Districts. The Commission discussed the reason for the Traditional Neighborhood Overlay instead of a new zoning district. Planner Haskamp discussed the existing residential standards in the Code and requested feedback from the Commission on the potential of adding character, design and building standards. The Commission discussed that the City doesn’t want to allow Accessory Dwelling Units. Planner Haskamp and the Commission discussed landscape standards for the R-1 District. The Commission discussed tree requirements and the lack of the tree removal/replacement standards. A resident attending the meeting commented that landscape standards, including ground vegetation and tree requirements, change the character of the street. The resident asked the question about how the City would respond to the question of residents about why the City would require residents to plant trees if the City itself is not planting trees. The Commission discussed adding a tree requirement to the front yard (in new development) and impervious surface coverage maximums (to allow for flexibility for sod, mulch, native plants in yards). Planner Haskamp discussed that the landscape requirements would cross reference the Environmental Ordinance. A resident attending the meeting asked about tree species allowed. Planner Haskamp answered that the ordinance would reference an approved and prohibited list of species. The Commission discussed the potential differences of a tree requirement in the different zones. The Commission agreed that a tree requirement in the front yard (in new development) would be based on street frontage. PC PACKET Pg. # 6 Planner Haskamp presented the R-2 district for discussion. The Commission would like the same tree requirements. Planner Haskamp asked if the Commission would like to add an articulation requirement to R-2. A resident asked the question about turning a duplex into a fourplex. Planner Haskamp answered that if the parcel meets dimensional standards, a fourplex would be allowed. Planner Haskamp presented the R-3 district for discussion. The Commission would like to add standards for a landscaped islands in parking lots, an articulation requirement, an impervious surface coverage maximum. The Commission brought up the topic of limiting a large parking lot and encouraging underground parking. A resident asked about pervious pavement for parking lots and brought up the potential longevity of pervious pavement. The Commission would like to change the parking standards to 1 parking space per bedroom. Planner Haskamp presented the TN-O Overlay district for discussion. Planner Haskamp discussed the option of front yard setback averaging or a build-to line. Planner Haskamp discussed the option of height averaging as well. The Commission would like to implement a front yard setback averaging, height averaging, and an impervious surface maximum. Planner Haskamp asked if the Commission would like to allow for parking in front of the principal structure. The Commission discussed and the majority would not like to regulate for it. Planner Haskamp presented the Retail/Commercial districts for discussion. Planner Haskamp asked the Commission if they would like to change the accessory building standards for the districts. The Commission discussed keeping the residential requirements. The Commission discussed the location of parking lots and would like to keep parking lots in front of the business. The Commission would like landscape requirements, impervious surface maximum, increased setbacks and screening adjacent to Residential districts. The Commission would like to see the same requirements in B-2. Planner Haskamp presented the Industrial district for discussion. Director Benetti brought up an issue with Floor Area Ratio. The Commission discussed the potential to change the FAR and concluded the existing FAR should remain. Planner Haskamp presented the Public Semi-Public district for discussion. The Commission would like to see increased setbacks adjacent to Residential uses. The Commission brought up issues with the size of accessory buildings in this district. The Commission discussed the potential of removing size standards for PSP. A resident expressed concern if the accessory building standards are removed, there would be no opportunity for public input. The Commission discussed potential material standards. Planner Haskamp discussed that similar cities have implemented that accessory buildings must be compatible, blend into landscape, etc. Planner Haskamp will work with Director Benetti on accessory structures in PSP. The Commission discussed the addition of the definition of a tree house, in terms of privacy, height, safety, etc. The work session adjured at 8:04 p.m. PC PACKET Pg. # 7 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION WORKSHOP NOTES NOVEMBER 17, 2022 A special workshop relating to the Zoning Code Update was held on Thursday, November 17, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 5:30 P.M. The following Commissioners were present: Vice Chair Sally Lorberbaum, Commissioners Cindy Johnson, Brian Petshel, and Michael Toth Also present: Community Development Director Tim Benetti; Planning Consultant Jennifer Haskamp; City Administrator Cheryl Jacobson. Vice Chair Lorberbaum started the workshop at 5:40 p.m. Planner Haskamp reiterated that no action is taken at these workshops, and the Commission and Council will provide feedback on the full draft of the Code. Administration and Process Discussion Planner Haskamp introduced the administration section. Planner Haskamp described the key objectives of editing and drafting the administration section. Planner Haskamp described the different application types that administration section has to address and the corresponding state statutes. Planner Haskamp described the types of permits/reports that are not subject to the state statutes. Planner Haskamp presented topics for discussion to change/add in the administration section. Director Benetti described what a site plan review process would do for the City and Planning Commission, such as seeing proposed development plans, even if the proposed use was allowed. Planner Haskamp described that the site plan review would give the Planning Commission a chance to review a development for design and site standards, and the Planning Commission can give recommendations based on the Code. The Site Plan Review process would not apply to a single-family/duplex residential property. A Site Plan Review could potentially be used in cases where a variance would be hard to justify. Planner Haskamp will draft language for a Site Plan Review process for the Commission to review. Planner Haskamp presented the idea of a Concept Plan Review process. The Concept Review process would be adding the ability for applicants and the Planning Commission to have a conversation with a potential developer. The Commission discussed the potential drawbacks of a Concept Review Plan, such as the Planning Commission saying an idea would be okay but then circumstances change with the actual application. The Concept Plan review can potentially go to Council for feedback, or it can only be the Planning Commission. Planner Haskamp described that the Concept Plan Review is non-binding and no action is taken. Planner Haskamp will draft a section for Concept Plan Reviews and it can be taken out of the code if the Commission wants later. PC PACKET Pg. # 8 Planner Haskamp discussed the potential addition of a Certificate of Compliance/Administrative Permit. Planner Haskamp described that it’s essentially a way to do code compliance checks. For example, a home-occupation like an attorney who works from a home office and needs a certain amount of parking to make sure there are no any adverse effects. Then, if the user is not following the Certificate of Compliance/Administrative Permit, the City has recourse. Planner Hakamp will draft language for the COC/AP process for the Commission to review. The Commission discussed if this would be the way to address treehouses. Planner Haskamp suggested adding language about size, utility hookups, height, insultation, and making the distinction between a “primitive” and “advanced” treehouse structure. A more “advanced” treehouse structure could be considered an accessory structure. Planner Haskamp also suggested adding some basic standards for play structures, such as setbacks, height requirements, screening requirements, etc. The Commission also discussed potential issues with antennas, such as ham radio towers. Planner Haskamp asked the Commission for other general hot topics for the Code. The Commission discussed front yard gardens, such as vegetable gardens. There could be issues such as equipment being left out, irrigation systems, mismatched materials, tall posts, fencing, etc. Planner Haskamp discussed that aesthetics are difficult to regulate. Planner Haskamp gave the example of another city that does not allow front yard gardens at all. Planner Haskamp will research if there are any comparable regulations about front yard gardens. Planner Haskamp will draft language for the Commission to review. The Commission also asked about excessive Christmas lights. Additionally, the Commission discussed the definition of structure and standards, in terms of structures in the front yard. Planner Haskamp described other cities have addressed it by requiring a Certificate of Compliance for any structure in the front yard. The Commission also brought up the issue of covered work trailers being parked on driveways. Currently, the Code does not allow trailers in the front yard, only in the side yard and rear yard. The existing language will remain in the Code. Director Bennetti brought up the topic of small/personal WECS (wind energy conversion systems). Planner Haskamp described that if the small WECS are defined as an accessory structure, they would be limited to the accessory structure standards. Standards specifically for WECS would be height, diameter and power level. Planner Haskamp gave an example of a standard that the WECS setback must be equal to the height. The Commission would like to see the full draft before the Council sees it. The work session adjured at 7:36 p.m. PC PACKET Pg. # 9 PLANNING STAFF REPORT DATE: December 21, 2022 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2022-23 WETLANDS PERMIT APPLICANT: SD Custom Homes (Sean Doyle) PROPERTY ADDRESS: 945 Wagon Wheel Trail ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: January 26, 2023 INTRODUCTION The applicants are seeking a Wetlands Permit to allow the permitting and construction of a new single- family dwelling adjacent to Upper (North) Rogers Lake. 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 has not received any comments or objections to this land use request. BACKGROUND / PROJECT DESCRIPTION The subject property is generally located at the northwest corner of where Wagon Wheel Trail meets up with Rogers Lake-North. The property currently has 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 all planned to be removed for this new dwelling. The property is accessed by a partially paved and shared driveway off Wagon Wheel Trail, which also serves two separate single-family properties to the west. The original 945 WWT property was an un-platted parcel of land consisting of 6.05 total acres (including part of the adjacent lake). On April 26, 2022, the Planning Commission reviewed a proposed preliminary plat of “Lillies Lakeview” submitted by SD Homes/Sean Doyle, which plat was later approved creating two new single-family lots: Lot 1 consisting of 3.28 total acres and Lot 2 consisting of 2.06 total acres. The dwelling proposed under this Wetlands Permit application is only for Lot 2 Lillies Lakeview addition. The applicant is seeking to construct a new two story [lookout] home on the new (southerly) lot. The home will be accessed from the “Rogers Avenue” ROW, which is not a fully improved public road system, and is currently being used as a shared driveway easement between the surrounding properties. The proposed Site Plan shows nine (9) existing trees, mostly pines and a few green ashes scheduled for removal as part of this new home location. PC PACKET Pg. # 10 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 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. The purpose of the Wetlands Systems chapter of City Code Section 12-2-1 is to: • Provide for protection, preservation, maintenance, and use wetlands and water resource-related areas; • Maintain the natural drainage system; • 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; • Provide for protection of potable fresh water supplies; and • 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: • 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. • 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. • 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. • 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. As part of the planning review for Lilies Lakeview subdivision in early 2022, staff provided a plat illustration which included proposed “setback delineation” boundaries for any new dwelling structure on each lot. This plat included a minimum front-yard setback of 30-feet from new easterly ROW line of Rogers Avenue (note: Lillie’s Lakeview dedicated an additional 30-feet of land from the original 945 Wagon Wheel parcel, which created a 60-foot ROW section for future roadway purposes); a 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: PC PACKET Pg. # 11 Since this new home is considered a Sewered Structure, it must meet or exceed the 75’ setback as indicated. The proposed Site and Grading Plan for the new single-family dwelling is shown with a 30-foot setback from the west lot line or the easterly ROW line of the recently expanded Rogers Avenue roadway section; along with a setback 44.7 feet from the north line; approx.162-ft. from the east line; and approx. 190-ft. from the north ROW line of Wagon Wheel Trail (located to the south). The Site Plan includes a 75-foot setback line, along with a 25-foot “No Disturbance Buffer” line – both of which are offset from the OHWL of nearby Rogers Lake (see partial Site Plan image – below). The closest point of the new dwelling (the SE corner) is approximately 105-feet to the OHWL line of Rogers Lake. The Site and Grading Plan illustrates new, gradual grades to be created from the outer perimeter of the new dwelling, with slopes and drainage patterns leading away from all sides. Since stormwater runoff and management is paramount under most Wetlands Permit review, the City must determine if the Site/Grading/Drainage Plan presented by the applicant is sufficient or approved for this type of individual development. It appears some runoff or grades from the south and east sides of the new dwelling are being directed partially or directly towards Rogers Lake. Although the plans identify the “25-ft. No Disturbance Buffer” – the plans are lacking of details of what this buffer includes or entails. In staff’s opinion, the added 75-ft. building setback and proposed 25-ft. No Disturbance buffer area along this lake edge will definitely help reduce and eliminate any harmful runoff from the site and into the wetland. To provide an even more effective filtration system, city staff is also requesting the developer seed this buffer area with a preferred native seed mixture, in order to create a permanent vegetative area and buffer along this lake edge as well. With other wetland permit applications, the City has required or conditioned as part of any approval that developers provide a MnDOT Seed Mix #33-261, that is especially designed or made for areas along wetland features. PC PACKET Pg. # 12 As part of the city’s updated Stormwater Management standards, all new (larger) residential development sites must now provide a Stormwater Best Management Practice (BMP) Plan, which proves or demonstrates the site will retain 1.1 inches of rainwater/runoff from any new impervious surfaces. A BMP Agreement is now being required as part of new building permit submittals, and recorded against the property. This BMP Agreement is typically handled through the building permit process. As part of the previous panning report on Lillies Lakeview plat request, this same Applicant/Developer provided a very detailed survey and plan that illustrates a large number of significant trees scattered throughout the original 945 WWT property. Most of these trees were identified as deciduous species 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; and this report indicated or stated the following: “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 may lead to a number of these trees to be removed as part of the EAB management program. [Developer] has stated they will make every effort to save and protect any significant trees throughout the site; and 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. “ As noted previously, the Site Plan shows nine (9) existing trees, mostly pines and a few ash trees to be removed for this new dwelling, while a number of existing trees on the original (subject) site – primarily a significant number of mature maples, ash and pine trees are scheduled to remain in place or made part of the overall landscaping plans for this new home project. Although a separate landscape plan was not submitted by the Applicant, the Planning Commission may determine if this plan to save and utilize the existing trees on site are adequate, and will suffice as the overall landscape requirements for this new home. Utility & Access Plans The approved Lillies Lakeview plat showed new and separate water and sanitary service lines would be connected to the existing Wagon Wheel Trail systems, and extended north inside the Rogers Avenue ROW section, and serve both new lots at this location. It was assumed that any proposed new home on Lot 2 (this particular case) would re-use the existing services provided to the old 945 WWT dwelling. If it is determined by the developer these services are no longer feasible, approval of any new (or existing) service lines will have to be reviewed by the Public Works Director and/or St. Paul Regional Water Services. The two properties to the west of the subject site - 953 and 963 Wagon Wheel Trail have access over and across the undeveloped section of Rogers Avenue ROW by means of a License Agreement approved by the City in 2013 (see attachments). This agreement was created as part of a lot split approval at or around the same time. This license agreement also provided a Shared Driveway Maintenance Agreement between all the properties using this right of way. The two new properties created under Lillies Lakeview were also approved to have their access granted under a new (or revised) License Agreement with the city, and if necessary, the two adjacent properties to the west (which currently have such an agreement). The Applicant was required to prepare or submit a revised Shared Driveway Agreement between all residential properties utilizing this undeveloped ROW for private driveways and access. At this time, the Applicant has not provided this agreement; and no building permit can be issued until such agreement has been submitted, reviewed and approved by the city. PC PACKET Pg. # 13 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. ALTERNATIVES 1. Approve the Wetlands Permit for 945 Wagon Wheel Trail based on certain findings-of-fact, along with specific conditions of approval; or 2. Deny the Wetlands Permit for 945 Wagon Wheel Trail 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. PC PACKET Pg. # 14 STAFF RECOMMENDATION Staff recommends approval of the requested Wetlands Permit to SD Custom Homes/Sean Doyle and for the property located at 945 Wagon Wheel Trail, which would allow the construction of a new single-family residential dwelling, based on the attached findings-of-fact and subject to the following conditions: 1. Prior to the issuance of any building permit, the Applicant/Developer must provide a new and/or revised License Agreement with the city to approve any access from the undeveloped section of Rogers Avenue right-of-way. 2. The Applicant/Developer must provide to the City a revised (or new) Shared Driveway Easement Agreement signed by all owners (of record) of the adjacent residential properties utilizing Rogers Avenue right-of-way for private driveways and access. 3. The Applicant/Developer must provide a Best Management Practices (Stormwater Management) Agreement to the City as part of the building permit submittal and review process. 4. [OPTIONAL] The Applicant/Developer must provide a new landscape plan that clearly illustrates the species and placement of new trees on the subject lot. The landscape plan must be approved by the city staff prior to issuance of any new building permit; and all new landscaping must comply with the Native and Pollinator Friendly Plantings List of the city. 5. The 25-foot No Disturbance Buffer area along the Rogers Lake edge must be planted or seeded with MnDOT Seed Mix List #33-261. 6. 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. 7. Any grading and/or construction activity related to the development of this lot shall comply with all applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 8. Any new or existing sanitary or water service lines will have to be reviewed by the Public Works Director and/or St. Paul Regional Water Services prior to issuance of any building permit. 9. 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 outer edges of the new home project work area and remain in place until all disturbed areas have been restored. 10. The new dwelling 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. 11. A building permit must be approved prior to the commencement of any construction work on the new residential dwelling. 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. 12. 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. 13. 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 or plant materials are free of any invasive species. PC PACKET Pg. # 15 ATTACHMENTS 1. Letter of Intent (Applicant/Developer) 2. General Location/Aerial Map 3. Certificate of Survey 4. Site & Grading Plan 5. Erosion Control Plan 6. Wetlands Map 7. Soils Map / Classification 8. License Agreement 9. Shared Driveway Maintenance Agreement FINDINGS-OF-FACT FOR APPROVAL Wetlands Permit for SD Custom Homes/Sean Doyle 945 Wagon Wheel Trail Planning Case No. 2022-23 1. The proposed construction activities related to the new dwelling 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 adjacent lake, 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 lake edge, 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 measures throughout 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 new dwelling project contemplated under this wetlands permit shall be done in accordance with the current 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. # 16 SITE PHOTOS – 945 WAGON WHEEL TRAIL (EARLY 2022) LOOKING TOWARDS CURRENT HOME LOOKING EASTERLY – TOWARDS NEW HOME LOCATION LOOKING NORTHWARD – EAST SIDE OF HOME LOOKING NORTHEASTERLY – TOWARDS ROGERS LAKE ACCESS. BUILDINGS & SHEDS PC PACKET Pg. # 17 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 PC PACKET Pg. # 19 534501345 316301802 778 754 743 747394259 297 426 704 101200603 203 177 14897 96 191 133 129 128 126 82 80 38 110 72 107 10671 69 237100 58 53 4644 43 4212539 37 91 3534 33 3281630 2926 25242321 103 1918998171514 7 1211 101423100 18 8843 3332 2320018 161925925 2524 23 2 1 191 18 30 33 2124 19 1818 945 945953 2247 945 2219 954 940 2225 2231 2239 940 2075 954 2213 954 954 This imagery is co p yrighted and licens ed b y Nearmap US Inc, which retainso wners hip o f the imagery. It is b eing p ro vided b y Dako ta Co unty under theterms o f that licens e. Under that licens e, Dako ta Co unty is allo wed top ro vide acces s to the “Offline Co p y Add-On fo r Go vernment”, o n which thisimage s ervices is b as ed, at 6-inch res o lutio n, s ix mo nths after the cap turedate, p ro vided the us er ackno wledges that the imagery will b e us ed in theirno rmal co urs e o f b us ines s and mus t no t b e res o ld o r dis trib uted fo r the 945 WAGON WHEEL TRAIL(Aerial-Details Map)City o fMendo taHeights0100 SCALE IN FEET4/20/2022 PC PACKET Pg. # 20 PC PACKET Pg. # 21 PC PACKET Pg. # 22 PC PACKET Pg. # 23 6666666666 6 6 *³³" """* * *³ " " " ³" ""6 6 6 6 6 6 6 66 !!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' 202' 121' 77' 109' 45' 100' This im age ry is copyrighte d an d lice n se d by Ne arm ap U S In c, which re tain sown e rship of the im age ry. It is be in g provide d by Dak ota Coun ty un de r thete rm s of that lice n se . U n de r that lice n se , Dak ota Coun ty is allowe d toprovide acce ss to the “Offlin e Copy Add-On for Gove rn m e n t”, on which thisim age se rvice s is base d, at 6-in ch re solution , six m on ths afte r the capturedate , provide d the use r ack n owle dge s that the im age ry will be use d in the irn orm al course of busin e ss an d m ust n ot be re sold or distribute d for the WETLANDS MAP 945 Wagon Wheel Trail City ofMe n dotaHe ights 0 140 SCALE IN FEET4/20/2022 PC PACKET Pg. # 24 Soil Map—Dakota County, Minnesota (945 WAGON WHEEL TRAIL (surrouding)) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 4/4/2022 Page 1 of 349689804969030496908049691304969180496923049692804968980496903049690804969130496918049692304969280488970489020489070489120489170489220489270489320489370489420489470 488970 489020 489070 489120 489170 489220 489270 489320 489370 489420 489470 44° 52' 37'' N 93° 8' 22'' W44° 52' 37'' N93° 7' 59'' W44° 52' 26'' N 93° 8' 22'' W44° 52' 26'' N 93° 7' 59'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 15N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,340 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale.PC PACKET Pg. # 25 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 129 Cylinder loam, 0 to 2 percent slopes 3.9 17.3% 208 Kato silty clay loam 0.4 2.0% 255 Mayer silt loam 4.8 21.4% 344 Quam silt loam 4.7 21.0% 411B Waukegan silt loam, 1 to 6 percent slopes 0.3 1.4% 415B Kanaranzi loam, 2 to 6 percent slopes 0.2 0.8% 415C Kanaranzi loam, 6 to 12 percent slopes 0.0 0.0% W Water 8.1 36.1% Totals for Area of Interest 22.5 100.0% Soil Map—Dakota County, Minnesota 945 WAGON WHEEL TRAIL (surrouding) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 4/4/2022 Page 3 of 3 PC PACKET Pg. # 26 PC PACKET Pg. # 27 PC PACKET Pg. # 28 PC PACKET Pg. # 29 PC PACKET Pg. # 30 PC PACKET Pg. # 31 1 Planning Commission 12.21.2022 MEMO Annotated Agenda To: Members of Mendota Heights Planning Commission CC: Cheryl Jacobson, City Administrator Tim Benetti, Community Development Director From: Jennifer Haskamp, AICP, SHC Date: December 16, 2022 RE: Zoning Update Summary Discussion Members of the Planning Commission, Over the past several months the Planning Commission and staff have worked through and discussed a variety of topics and issues to address in the revised and/or updated Zoning Code. The development of the revised code was based on the following process: •Kick-off and Issue Identification Questionnaire: The Planning Commission, City Council and City Staff provided responses to an Issue Identification questionnaire. Common themes in the responses were used to help guide the discussion at each of the work sessions. •Work Session by Chapter/Topic: Each work session was structured to address 1) the Zoning Chapter topic; and 2) the issues identified in the Issue Identification Questionnaire. The objective for this process was identified as the following: •Update and revise Title 12: Zoning to be consistent and support the 2040 Comprehensive Plan. This process is required by State Statute. •Create a Zoning ordinance that is easy to use, clear and concise. The Zoning ordinance has not be comprehensively revised in several years and this process is intended to clean up the entirety of the ordinance to align with the existing and planned development patterns in the City. •Address specific areas in the City to reduce non-conformity in existing development patterns to reduce regulatory red-tape where possible, and prudent. •Introduce new code language, where needed, to more accurately address the City’s character. Topics included, landscape standards, new/removal of uses, structural standards, etc. A full draft of Title 12: Zoning is nearly complete and is anticipated to be submitted to the Planning Commission for review within the next couple of weeks. As we prepared the draft a few last items are outstanding that City Staff would like additional feedback from the Planning Commission. A list of topics for discussion is provided on the following page. Discussion Items for December 21, 2022 2 Planning Commission 12.21.2022 •Accessory Building and Accessory Structures. o Private Garage, Residential Storage, Accessory Structures (including pavilions, tree houses, etc.) o Commercial/Industrial Accessory Buildings – Intent and Separate Standards? Additional discussion/clarification. •Front Yard Build-to Lines vs. Minimum Front Yard Setbacks in RE, R-1 and TN-O •Wetland Regulations. Buffer Requirements, Standards and Process. •Home Occupations. •Summary Discussion of Traditional Neighborhood Overlay District. •Miscellaneous Housekeeping Topics (Light standards in PSP, Site Plan process, Administrative Permit) Next Steps: After the Planning Commission meeting discussion on December 21, 2022 we will revise/incorporate the changes as discussed during the meeting. Once the changes are incorporated a full DRAFT of Title 12. Zoning will be prepared and sent to the Planning Commission. The following draft schedule is provided for your reference: •Full Draft of Title 12. Zoning – Week of December 26, 2022 •Planning Commission Review and Discussion of Draft – Second half of January (depending on agenda, may be at regular January PC meeting). o Incorporate PC comments/changes to Title 12. •Full draft of Title 12. Zoning, incorporating PC comments and recommendations, distributed to PC and City Council for review. •Joint Work Session to review Draft Code – February •Public Hearing – February/March 2023 •City Council Adoption and Review – February/March