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2023-12-19 CC Minutes work session with Planning CommCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council and Planning Commission Joint Work Session Tuesday, December 19, 2023 CALL TO ORDER Mayor Levine called the work session to order at 5:00 p.m. Mayor Levine and Councilmembers Lorberbaum, Mazzitello, Miller and Paper were present. Planning Commissioners Stone, Johnson, and Petschel were present. Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, Community Development Manager Sarah Madden, City Clerk Nancy Bauer, and Planning Consultant Jennifer Haskamp. ZONING CODE UPDATE Planning Consultant Jennifer Haskamp introduced the zoning code update discussion which was continued from the November 29, 2023, joint City Council and Planning Commission meeting. The last meeting ended with the start of the discussion on Uses - the new Chapter 3. The evenings discussion would focus on the proposed table of uses as they related to the Public/Semi- Public Overlay District and the appropriate mix of uses in the Industrial Zoning District. J. Haskamp provided background information on the Public/Semi- Public Overlay District. The objective was to state that there are the PSP-O uses that are in the R-1 and R-E residential zoning districts. Many of the uses such as schools and places of worship do not require a conditional use permit at present. Instead a variance would be needed to allow expansion or some modification and this could be an extremely complicated process, because the variance is hard to justify. J. Haskamp showed a table of the PSP-O uses which were predominately in the R-1 district. Councilor Mazzitello stated that not all of R-1 is in the PSP-O. J. Haskamp confirmed that was correct. J. Mazzitello stated that it was discussed in the past to put standards in R-1 for institutional use. A map was shown of the PSP-O. C. Johnson asked about creating a park zoning district which is listed in the PSP-O. J. Haskamp responded that a park zoning district was not recommended because it had been tested in court multiple times as a regulatory taking. If a property is assigned a park zoning district, the development and economic rights are taken away from that property. J. Haskamp recapped stating that new language would be added to the Zoning Code regarding the PSP-O. J. Haskamp introduced the topic of retail/commercial uses in the Industrial Zoning district to allow more commercial uses. Restaurants being in the Industrial Zoning district was discussed as it was not currently a permitted use. It was noted that the Planning Commission previously discussed if a restaurant was an accessory to a business such as a distillery it could be allowed in the Industrial Zoning district. The area in the industrial park was discussed regarding semi -trucks, warehouse size and possible uses to serve those working in the Industrial Park. R. Ruzek listed some of the uses currently in the Industrial Zone. Doggy daycare and entertainment complexes were also discussed as a use in the Industrial district which would need a CUP to be a permitted use. J. Haskamp recapped that she would do a tracked version of updates of uses from this discussion and have it ready for the next meeting. J. Haskamp noted that farm animals, in particular miniature goats, was addressed within the draft zoning code. The group discussed food trucks and where in the city to allow food trucks to operate and if they should be a permitted use. J. Haskamp suggested using an administrative/operating permit for food trucks. Rules and requirements would be developed by staff for food trucks and the rules and requirements would be spelled out on the permit. J. Haskamp stated that in the next version of the Zoning Code updates for food trucks would be added. Farmer's Markets was another topic discussed by the group. J. Haskamp suggested that administrative permits also be used for farmer's markets and would be added to the draft Zoning Code. J. Haskamp introduced the topic of impervious surface and opened a discussion on the recommended percentage and how was it derived. She explained how the percentages were determined. An extensive analysis was done to come up with the appropriate percentage by district based on the existing land and development cover. Two tools were used. One was the Minnesota Land Cover Classification System (MLCCS) done by the Minnesota DNR using area. Most neighborhoods fell in the 25% to 49% category which aligns closely with in the R-1, R-2, and RE standards. The second tool used sampled different neighborhoods. Calculations showed that the he majority of those lots fell below 35%. Lots above 35% would use Best Managements Practices as prescribed by the state of Minnesota and the Minnesota Pollution Control Agency to help mitigate water surface management. Employing Best Managements Practices was discussed if deviating from the 35%. J. Haskamp stated that no standards exist right now for impervious surface. The shoreland district was also discussed and noted that it has not been adopted by the city. It was decided more discussion was needed to get impervious surface in the Zoning Code. It was noted that the Natural Resources Corunission also needs to discuss this issue. J. Haskamp reiterated that for the purpose of this discussion the percentage goal was 35%. Any lot with up to 50% would require a Best Management Practices. Mayor Levine stated that she would like to discuss how we are going to administer/enforce our code J. Haskamp stated that if employing Best Management Practices an escrow could be required. It could be capped at 35% and anything above that would be non -conforming and variances would then be needed. J. Haskamp stated that overall these discussions about the Zoning Code were being held to maintain neighborhood quality and character. She stated that neighborhood character included the massing of structures, height of structures, and development of the parcel. When the analysis was done for impervious surface the percentage came in at 30 to 35% of the lot that is developed. This percentage would help regulate neighborhood character. J. Haskamp asked if this information was ready to be presented to the public. It was the consensus of the group that it was. J Haskamp presented information on the proposed Traditional Neighborhood Overlay District (TN- 0). The TN-0 was specific to areas in the city that were platted prior to 1982. The purpose of the proposed TN-0 was to try to protect neighborhood character and allow flexibility from dimensional standards. Haskamp noted that depending on the objective the establishment of a TN-0 may not necessarily be the right tool. While a TN-0 does provide flexibility to neighborhoods/plats that meet certain criteria, the use of "exception" language based on the metrics such as those built prior to 1982 and substandard lot size or lot area may be just as effective. This would capture a vast majority of the lots and give flexibility to property owners. It was the censuses that new language would be much simpler. Future meeting topics would be murals/wall signs and white vinyl fencing. ADJOURNMENT Mayor Levine adjourned the meeting at 6:46 p.m. cefize Stephanie 'B. Levine, Mayor ATTEST: Na�hcy Baer, City Clerk •