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2023-11-29 CC & PC Work Session MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council and Planning Commission Joint Work Session Wednesday, November 29, 2023 CALL TO ORDER Mayor Levine called the work session to order at 5:30 p.m. Councilmembers Lorberbaum and Mazzitello were present. Councilor Paper arrived at 6:52pm. Planning Commissioners Field, Stone, Corbett, Johnson, Katz, Petschel, and Udell were present. Absent: Councilmember Miller. Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, Assistant City Administrator Kelly Torkelson, Community Development Manager Sarah Madden, and Planning Consultant Jennifer Haskamp. ZONING CODE UPDATE Planning Consultant Jennifer Haskamp introduced the zoning code update discussion. She reviewed that there has been significant discussion on the part of the planning commission as well as significant comments by members of the city council on the proposed draft and that the discussion for the meeting would focus on reviewing comments and questions made to the draft. The goals of the zoning code update include making the code consistent with the 2040 comprehensive plan, making it more organized and easier for the public to read and understand. The comments to be reviewed were made on the second draft of the zoning code update. Haskamp noted that it was not practical to share a track -changes version of the document as that method would make it look as though the entire document had changed. Instead, they would review the significant changes as topic areas and discuss changes from there. Following revisions from the planning commission and the city council, staff would then bring the draft to a public open house for additional public comments to inform additional revisions prior to the public hearing. Staff anticipates the public open house to be in January 2024. Mayor Levine was interested in defining the administrative review checklists, however Planner Haskamp noted that those checklists would be independent from the official zoning code and would not need to be defined as a part of this process, rather that the discussion should focus on policy positions. Haskamp introduced the Public/Semi-Public Overlay District and noted that it would set conditions that would only transfer beyond initial ownership in the case that the new owners were able to maintain the specific standards outlined in the conditional use permit. Examples would include things such as a cemetery or a school's athletic facility. In the case that a new owner was not able to replicate the use case then the approved uses would defer to the zoning map. Haskamp requested that council members and planning commissioners should share specific use cases that represent challenges with the existing code that staff can follow up on to incorporate into the revision. Mayor Levine expressed concerns of the environmental impact of large areas being developed. The planning commission expressed concerns about environmental restrictions preventing development. Director Ruzek clarified that the Natural Resources Commission is in the process of developing a tree preservation ordinance which would address those concerns. The group discussed how the code would address tree houses. Concerns included specifying what constituted a tree house, privacy concerns from elevated structures, the need for public education in the case of additional permits being required for tree house construction, and setbacks. Haskamp emphasized that the initial question the group should consider is whether or not they wanted the public to have to apply for a permit in the case that they wanted to construct a tree house on their property. The group acknowledged that many people build tree houses without checking if a permit was required. Introducing a process in which property owners would need to get a permit for a tree house would introduce administrative challenges. Haskamp clarified that as written, that tree houses were not able to include electricity or plumbing. Councilor Paper joined the meeting at 6:52 pm. The group discussed the construction of home offices above detached garages. As written, the code did not allow plumbing or upgraded electrical to detached garages and limited operation of home businesses from within detached garages. Councilor Mazzitello was against expansion of code to allow for plumbing and electricity to home offices located in garages as it would open up the code to allow for Accessory Dwelling Units above garages. The Planning Commission with the exception of commissioner Johnson was in favor of allowing home office construction in the zoning code update. Councilor Paper also expressed support of allowing home offices in detached garages. Councilors Mazzitello and Lorberbaum were against it. Mazzitello stated that to change the code to allow these would open it up to change the character of Mendota Heights. Mayor Levine asked staff to include this as a question for additional public feedback that the commission and council could continue to review. Mayor Levine also expressed interest in prioritizing undeveloped right of way for the placement of telecommunication facilities to allow for additional cell towers in order to improve cell phone coverage. ADJOURNMENT Mayor Levine adjourned the meeting at 7:49 p.m. Steanie B. Levine, Mayor ATTEST: a cy B.; er, City Clerk