Loading...
2023-01-24 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 JANUARY 24, 2023 - 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. 2023-01 Lot Line Adjustment – to authorize the creation of a new parcel to be adjoined to Applicant’s homesteaded property at 1170 Dodd Road (Henry (Vic) Holec – Applicant/Owner) b.CASE No. 2023-02 Lot Line Adjustment – to authorize the creation of a new parcel to be adjoined to Applicant’s property at 1941 Glenhill Road (Michelle Culligan on behalf of Larry and Mary Culligan – Applicant / Owner) 4.Zoning Ordinance Update Project a.Zoning Update Workshop Date Discussion 5.New / Unfinished Business 6.Adjourn Meeting October 25, 2022 Mendota Heights Planning Commission Meeting Page 1 of 5 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 Planning Commission | Tuesday, January 24, 2023 | Page 1 of 19 2a October 25, 2022 Mendota Heights Planning Commission Meeting Page 2 of 5 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. Planning Commission | Tuesday, January 24, 2023 | Page 2 of 19 October 25, 2022 Mendota Heights Planning Commission Meeting Page 3 of 5 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 Planning Commission | Tuesday, January 24, 2023 | Page 3 of 19 October 25, 2022 Mendota Heights Planning Commission Meeting Page 4 of 5 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. Planning Commission | Tuesday, January 24, 2023 | Page 4 of 19 October 25, 2022 Mendota Heights Planning Commission Meeting Page 5 of 5 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 Planning Commission | Tuesday, January 24, 2023 | Page 5 of 19 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. Planning Commission | Tuesday, January 24, 2023 | Page 6 of 19 2b 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. Planning Commission | Tuesday, January 24, 2023 | Page 7 of 19 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. Planning Commission | Tuesday, January 24, 2023 | Page 8 of 19 2c 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. Planning Commission | Tuesday, January 24, 2023 | Page 9 of 19 PLANNING STAFF REPORT DATE: January 24, 2023 TO: Planning Commission FROM: Tim Benetti, Community Development Director Jennifer Haskamp, AICP -Swanson Haskamp Consulting SUBJECT: Planning Case No. 2023-01 Lot Line Adjustment APPLICANT: Henry (Vic) Holec PROPERTY ADDRESS: 1170 Dodd Road ZONING/GUIDED: R-1 One-Family Residential/SF Residential ACTION DEADLINE: 04/24/2023 (120-day Review Period) INTRODUCTION Mr. Vic Holec is requesting consideration of a simple lot line adjustment on a large parcel of land that he currently owns, located at 1170 Dodd Road. 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 received one email inquiry regarding the potential to further subdivide the land and complete a similar process with an adjacent contiguous property. DESCRIPTION OF THE REQUEST This 1170 Dodd Road site was formerly identified as the Hella Mears Estate properties, which originally consisted of three separate legal parcels, and included some dedicated but un-used road right-of- way segments (Somerset Road and Burr Oak Avenue) that ran through or near the subject property. These ROW segments in this residential block were recently vacated by the City, and sections were added or adjoined to the neighboring property owners. The resulting parcel is now a unified tract of land approximately 4.3 acres in area. Planning Commission | Tuesday, January 24, 2023 | Page 10 of 19 3a Planning Report: Case #2023-01 Page 2 Mr. & Mrs. Holec own the adjacent 8 Beebe Avenue property (their current homestead) and purchased the nearby Mears properties a few years ago, with the intention of subdividing the larger land parcel into a number of new single-family parcels. For now, they have decided to delay a major subdivision of the larger land area and propose a minor subdivision/lot line adjustment to obtain the back (southeast) portion of the 4.3 acre parcel. The Holec’s are seeking to subdivide the 4.3 acre parcel by means of a lot line adjustment, to create two parcels: “Parcel A” to consist of 160,567 or 3.69 acres of land; and “Parcel B” to consists of 26,129-sq. f.t, or 0.60 acres of area. The Holec’s intend to keep and adjoin Parcel B to their own existing parcel at 8 Beebe Avenue property, while the resulting Parcel A will be sold or retained by the owner for separate use or development. ANALYSIS Title 11-1-5.C of the City Code (Subdivision Ordinance) allows lot line adjustments to take place, provided the following standards are met: Lot line adjustment request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a parcel of land to an abutting lot and the newly created property line will not cause the other remaining portion of the lot to be in violation with this title or the zoning ordinance. This request to modify the unified parcel boundary line meets this City Code section, as the resulting parcel is being added to an abutting parcel; and the resulting adjustment does not cause the other remaining lots to be in violation of the zoning ordinance. The Holec’s wish to keep the new Parcel B as an untouched and preserved natural extension to their current rear yard area with 8 Beebe Avenue. No new or separate single-family development can occur or would be allowed on this parcel without the required street frontage; and the city has conditioned that this new parcel must be combined with the Holec’s main homestead parcel to avoid any creation of a “non - conforming parcel” without any access or frontage on a public roadway system. The resulting Parcel A will have enough frontage to create one or more lots along this Dodd Road (State Hwy. 149) frontage; or to have a new single-family subdivision served by a new public roadway system such as a small cul-de-sac section. However, the Holec’s are not proposing any new lots or improvements to the larger Parcel A at this time or under this lot line adjustment application. This lot line adjustment will have minimal or no impact upon the neighboring properties, the residual parcel, and it will not impede the normal use, enjoyment and purpose of the entire Hunter Lane neighborhood. ALTERNATIVES 1. Recommend approval of the lot line adjustment, based on the attached findings-of-fact and based on certain conditions; or 2. Recommend denial of the lot line adjustment, based on the revised findings-of-fact that the proposed adjustment is not consistent with the City Code or Comprehensive Plan and may have a negative impact on the surrounding neighborhood and/or properties; or 3. Table the request; and request more information from the Applicant or city staff to be presented back to the Planning Commission at the next regular meeting. Planning Commission | Tuesday, January 24, 2023 | Page 11 of 19 Planning Report: Case #2023-01 Page 3 STAFF RECOMMENDATION Staff recommends approval of the lot line adjustment based on the attached findings of fact supporting the request, with conditions noted as follows: 1) Applicant shall file lot/parcel combination documents with Dakota County indicating the newly defined Parcel B created by this line adjustment shall be added to or combined with 8 Beebe Avenue, Parcel ID Number 27-71150-04-060. 2) All transfer or deed documents which convey the portion of lands under the lot line adjustment and lot split process shall be recorded with Dakota County. 3) No single-family development will be allowed or approved on the proposed Parcel B at any time. FINDINGS OF FACT FOR APPROVAL Lot Line Adjustment 1170 Dodd Road The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed lot line adjustment request meets the general purpose and intent of the City Code and is considered consistent with the Comprehensive Plan. 2. Approval of the lot line adjustment will have no visible impact on the subject properties; and poses no threat or creates any negative impacts on the character of the neighborhood. 3. The proposed adjustment does not cause any non-conformities on either parcel, based on the applicable zoning district standards for lot size and frontage requirements. Planning Commission | Tuesday, January 24, 2023 | Page 12 of 19 Planning Commission | Tuesday, January 24, 2023 | Page 13 of 19 Planning Commission | Tuesday, January 24, 2023 | Page 14 of 19 PLANNING STAFF REPORT DATE: January 24, 2023 TO: Planning Commission FROM: Jennifer Haskamp, AICP -Swanson Haskamp Consulting SUBJECT: Planning Case No. 2023-02 Lot Line Adjustment APPLICANT: Michelle Culligan, on behalf of Lawrence and Mary Culligan PROPERTY ADDRESS: 1941 Glenhill Road ZONING/GUIDED: R-1 One-Family Residential/SF Residential ACTION DEADLINE: May 4, 2023 (120-day Review Period) INTRODUCTION Mr. and Ms. Culligan are requesting consideration of a simple lot line adjustment on a large parcel of land that they currently own, located at 1941 Glenhill Road. 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 received two inquiries from adjacent property owners requesting additional information regarding the planning item. DESCRIPTION OF THE REQUEST Mr. and Ms. Culligan own both properties that are part of this application. They would like to obtain the northern portion of the larger lot to add to their property at 1941 Glenhill Road. The Culligan’s are seeking to subdivide the large 6.28 acre parcel by means of a lot line adjustment, whereby two parcels would be created: “Parcel A” to consist of approximately 5.8 acres of land; and “Parcel B” to consist of approximately 1.12 acres of area. The Culligan’s intend to keep and adjoin Parcel B to their own 1941 Glenhill Road property, while the resulting Parcel A will remain vacant. Planning Commission | Tuesday, January 24, 2023 | Page 15 of 19 3b Planning Report: Case #2023-02 Page 2 ANALYSIS Title 11-1-5.C of the City Code (Subdivision Ordinance) allows lot line adjustments to take place, provided the following standards are met: Lot line adjustment request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a parcel of land to an abutting lot and the newly created property line will not cause the other remaining portion of the lot to be in violation with this title or the zoning ordinance. This request to modify the unified parcel boundary line meets this City Code section, as the resulting parcel is being added to an abutting parcel; and the resulting adjustment does not cause the other remaining lot to be in violation of the zoning ordinance. The resulting Parcel A will have enough frontage and lot area to be potentially further subdivided in the future, but such request is not a part of the consideration for this application. This lot line adjustment will have minimal or no impact on the neighboring properties, the residual parcel, nor impede the normal use, enjoyment and purpose of the entire Valley View Oak neighborhood. The subject parcels are located within the Mississippi River Corridor Critical Area (MRCCA) and are subject to the standards contained within this section of the City Code. Title 12-3-11.B.2. (Critical Area Subdivision and Land Development Standards) provides an exception to the subdivision and land development standards if it is a minor subdivision that consists of two (2) or fewer lots. Since the proposed minor subdivision and rearrangement and lot line adjustment requires Parcel B to be adjoined to the property at 1941 Glenhill Road there is no net increase in the number of lots. As presented, the proposed minor subdivision is not subject to the design standards established. No new structures or improvements on the lot(s) are proposed as part of this application. A condition is included that states that all future improvements on the lot(s) are subject to individual MRRCA review and all necessary permits must be obtained. ALTERNATIVES 1.Recommend approval of the lot line adjustment, based on the attached findings-of-fact and based on certain conditions; or 2.Recommend denial of the lot line adjustment, based on the revised findings-of-fact that the proposed adjustment is not consistent with the City Code or Comprehensive Plan and may have a negative impact on the surrounding neighborhood and/or properties; or 3.Table the request; and request more information from the Applicant or city staff to be presented back to the Planning Commission at the next regular meeting. Planning Commission | Tuesday, January 24, 2023 | Page 16 of 19 Planning Report: Case #2023-02 Page 3 STAFF RECOMMENDATION Staff recommends approval of the lot line adjustment based on the attached findings of fact supporting the request, with conditions noted as follows: 1)Applicant shall file lot/parcel combination documents with Dakota County indicating the newly defined Parcel B created by this line adjustment shall be added to or combined with 1941 Glenhill Road, Parcel ID Number 27-81251-01-010. 2)Any future improvements or development on the subject parcels shall be subject to MRCCA review and all necessary permits must be obtained. 3)All transfer or deed documents which convey the portion of lands under the lot line adjustment and lot split process shall be recorded with Dakota County. FINDINGS OF FACT FOR APPROVAL Lot Line Adjustment 1941 Glenhill Road The following Findings of Fact are made in support of approval of the proposed requests: 1.The proposed lot line adjustment request meets the general purpose and intent of the City Code and is considered consistent with the Comprehensive Plan. 2.Approval of the lot line adjustment will have no visible impact on the subject properties; and poses no threat or creates any negative impacts on the character of the neighborhood provided the conditions are met. 3.The proposed adjustment does not cause any non-conformities on either parcel, based on the applicable zoning district standards for lot size and frontage requirements. Planning Commission | Tuesday, January 24, 2023 | Page 17 of 19 CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Plotted: 01 /03 / 2023 3:40 PMW:\2018\18524\CADD DATA\SURVEY\_dwg Sheet Files\18524A-COMBOOUCKSL QUALITY CONTROL PROFESSIONAL SIGNATURE SUBMITTAL/REVISIONS CADD QUALIFICATION VALLEY VIEW OAK 2ND ADDITION 1941 GLENHILL ROAD MENDOTA HEIGHTS, MN 55118 LARRY & MARY CULLIGAN 1941 GLENHILL ROAD MENDOTA HEIGHTS, MN 55118 N SCALE IN FEET 0 40 80 01/03/23 SURVEY ISSUED PROPOSED LOT COMBINATION 1 OF 1 SPOT ELEVATION SIGN LIGHT POLE POWER POLE CATCH BASIN CONTOUR CONCRETE CURB STORM SEWER SANITARY SEWER BARBED WIRE FENCE WATERMAIN UNDERGROUND ELECTRIC CONCRETE ELECTRIC TRANSFORMER TELEPHONE PEDESTAL UTILITY PEDESTAL ELECTRIC METER GAS METER HAND HOLE UNDERGROUND TELEPHONE UNDERGROUND GAS SANITARY SEWER SERVICE WATER SERVICE GUY WIRE CULVERT OVERHEAD UTILITY ELEV @ THRESHOLD GUARDRAIL ROOF DRAIN CURB STOP FLARED END SECTION TOP OF CURB TO BE SET 1/2 INCH X 14 INCH IRON MONUMENT, MARKED "LS 48988" FOUND 1/2 INCH X 14 INCH IRON FOUND CAST IRON MONUMENT ALUMINUM DISC PER PLAN PAVERS FOUND PK NAIL AIR CONDITIONING UNIT TOP NUT HYDRANT IRON FENCE WOOD FENCE EXISTING BUILDING RETAINING WALL STORM MANHOLE SANITARY MANHOLE HYDRANT GATE VALVE UNLESS SHOWN OTHERWISE SANITARY MANHOLE STORM MANHOLE CATCH BASIN STRUCTURE RIM & INVERT MAPPED STORM SEWER MAPPED SANITARY SEWER MAPPED WATERMAIN MEASURED INFORMATION RECORD DIMENSION PER PLAT OF VALLEY VIEW OAK 2ND ADDITION (M) (VVO2) INFORMATION AS SHOWN ON PLANS NOT FIELD VERIFIED LIGHT POLE GUY POLE LEGEND MONUMENT, MARKED "LS 10943" YARD LIGHT (Per Title Commitment File No. 65601 prepared by Old Republic Title Insurance Company, dated June 7, 2020) Lot One (1), Block One (1), in VALLEY VIEW OAK 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Being Registered land as evidenced by Certificate of Title No. 173000. PARCEL 1 (Per Proposed Lot Split by Loucks dated 01/03/23. The Lot Split has not been recorded as of the date of this survey.) That part of Outlot A, VALLEY VIEW OAK 2ND ADDITION, Dakota County, Minnesota, lying north of a line drawn from the southwest corner of Lot 1, Block 1, said VALLEY VIEW OAK 2ND ADDITION to a point on the west line of said Outlot A, 119.00 feet southerly of the northwest corner of said Outlot A and said line there terminating. EXISTING LEGAL DESCRIPTION GENERAL NOTES 1. The address, if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork is 1941 Glenhill Road, Mendota Heights, MN 55118. 2. The bearings for this survey are based on the Dakota County Coordinate System NAD 83 (1986 Adjust). 3. Benchmark: MnDOT monument "1918H" (GSID Station 101785). An aluminum alloy rod located at the southwest corner of Trunk Highway No. 110 and Lexington Ave. S. Elevation = 921.70 (NGVD29) Site Benchmark: Top nut of hydrant located at the northeast corner of the the site along the west side of Glenhill Road. Elevation = 913.22 (NGVD29) 4. This property is contained in Zone X (areas determined to be outside the 0.2% annual chance floodplain) per Flood Insurance Rate Map No. 270370018E, Community Panel No. 270110 0018 E, and Flood Insurance Rate Map No. 270370019E, Community Panel No. 270110 0019 E effective date of December 2, 2011. 5. Area Existing Property = 19,855± SF or 0.45± Acres Area Proposed Parcel = 48,717± SF or 1.12± Acres Total Property Area = 68,572± SF or 1.57± Acres 6. The field work was completed on March 5, 2020. Current Zoning: R-1 (One Family Residential District) Any zoning classification, setback requirements, height and floor space area restrictions, and parking requirements, shown hereon, was researched to the best of our ability and is open to interpretation. Per the City of Mendota Heights Zoning Map and City Code, on June 8, 2020, information for the subject property is as follows: Current Setbacks: Front 30 feet Side 10 feet or 1/2 the height of the structure contiguous to side yard Rear 30 feet or 20% of the average lot depth, whichever is greater Height 2 stories or 25 feet, whichever is lesser in height Width 100 feet ZONING INFORMATION License No. Date I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. VICINITY MAP Field Crew Max L. Stanislowski - PLS 48988 Project Lead Drawn By Checked By Loucks Project No.18524 MLS SFM MLS DJP, SKS 12/30/22 SITE Proposed Parcel Lot 1, Block 1 and that part of Outlot A, VALLEY VIEW OAK 2ND ADDITION, Dakota County, Minnesota, lying north of a line drawn from the southwest corner of said Lot 1 to a point on the west line of said Outlot A, 119.00 feet southerly of the northwest corner of said Outlot A and said line there terminating. PROPOSED LEGAL DESCRIPTION RECORD DIMENSION PER PLAT OF MnDOT ROW PLAT NO. 19-103 (MnDOT) UNLESS SHOWN OTHEREWISE Planning Commission | Tuesday, January 24, 2023 | Page 18 of 19 Request for Planning Commission Action DATE: January 24, 2023 TO: Mendota Heights Planning Commissioners FROM: Jennifer Haskamp, AICP – Swanson Haskamp Consulting SUBJECT: Zoning Update Workshop Date Introduction Please come to the meeting prepared to confirm a date for our next Zoning Code Update work shop. We need a majority of the active Planning Commission members to participate in the discussion so that we can complete the full draft of the Zoning Code and prepare it for the Planning Commission’s review prior to scheduling a joint workshop with the City Council. We have identified the following potential dates for the meeting: •Thursday February 2, 2023 @ 5:30 PM •Thursday February 9, 2023 @ 5:30 PM Planning Commission | Tuesday, January 24, 2023 | Page 19 of 19 4a