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2022-10-25 Planning Commission MinutesOctober 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 7:00 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 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. 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 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. 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