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PC 04-30-2024April 30, 2024 Mendota Heights Planning Commission Meeting Page 1 of 7 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES APRIL 30, 2024 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 30, 2024 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, Cindy Johnson, Brian Petschel, Brian Udell, Jason Stone, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Approval of March 26, 2024 Minutes COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL TO APPROVE THE MINUTES OF MARCH 26, 2024. AYES: 7 NAYS: 0 Hearings A) PLANNING CASE 2024-01 SPENCER MCMILLAN, 1707 DELAWARE AVENUE – PRELIMINARY AND FINAL PLAT (TABLED FROM MARCH 26, 2024 PLANNING COMMISSION MEETING) Community Development Manager Sarah Madden explained that at the regular Planning Commission meeting on March 26, 2024, a duly noticed public hearing was opened and held to consider a request for a Preliminary and Final Plat to be known as McMillan Estates, containing three residential parcels and dedication of public right-of-way. The subdivision request is for the existing property at 1707 Delaware Avenue and two vacant parcels generally located at the north end of the Ridgewood Drive cul-de-sac, all of which are owned by the applicant. The applicant requested that the item be tabled to allow additional time to work with staff and the final version of the revised application is not yet complete. The applicant has requested a further continuance, or tabling, of the application to allow additional revision and review time. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER CORBETT, TO TABLE CONSIDERATION OF THIS ITEM TO NO LATER THAN THE JULY MEETING. April 30, 2024 Mendota Heights Planning Commission Meeting Page 2 of 7 Further discussion: The Commission asked questions to ensure that staff would monitor the issue to ensure the review timeline did not expire and to ensure that members of the public would be properly noticed prior to the next consideration. Community Development Manager Sarah Madden confirmed that she would do all of the above. AYES: 7 NAYS: 0 B) PLANNING CASE 2024-06 KONCEPT IN DESIGN/CARLOS PEREZ - 670 HIDDEN CREEK TRAIL – WETLANDS PERMIT Community Development Manager Sarah Madden explained that the applicant is seeking a Wetlands Permit to allow the installation of a new in-ground swimming pool, deck, fencing, pool patio decking, and landscaping improvements. 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 Manager Sarah Madden 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 referenced the vegetation planting plan and asked for more details on what will occur between the line of vegetation and the creek, noting her concerns for erosion along the bank of the creek. Community Development Manager Sarah Madden commented that the proposed landscaping in that area does come to the edge of the grade drop towards the creek. She commented that this is a typical residential landscaping plan with plants and boulders. She stated that there is a condition recommended which speaks to disturbance immediately adjacent to water resource areas. Commissioner Johnson stated that still did not answer her question of what is occurring between the landscape line and creek edge. Commissioner Corbett noted that area is currently grass. Community Development Manager Sarah Madden confirmed that area is currently sodded. Chair Field opened the public hearing. April 30, 2024 Mendota Heights Planning Commission Meeting Page 3 of 7 Carlos Perez, applicant, stated that they submitted the last part of the wetland report today as required. He stated that they are addressing the rundown retaining wall with the enhanced landscaping proposed in the area referenced as the landscaping line before the creek. Commissioner Johnson commented that if there is any disturbance below the landscaped line, she would want to see native vegetation seed mix, similar to what exists around the pond. She stated that perhaps even if undisturbed, there could be some native mix or plugs between the landscape line and creek to help prevent erosion. Mr. Perez confirmed that they could take that into consideration as that does sound like a good idea. He stated that they did count the trees and provided that data. He stated that one dead tree will be removed, along with the invasive boxelder trees. He noted that this would still remain under the future impervious surface requirements that the City will be implementing. Commissioner Johnson commented that while boxelder is native, it is aggressive and agreed that would be good to remove those trees. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT TO KONCEPT IN DESIGN/CARLOS PEREZ AND FOR THE PROPERTY LOCATED AT 670 HIDDEN CREEK TRAIL, WHICH WOULD ALLOW THE CONSTRUCTION OF A NEW IN-GROUND SWIMMING POOL, DECK, FENCE AND LANDSCAPING, BASED ON THE FINDINGS-OF- FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. ALL WORK AND IMPROVEMENTS NOTED ON THE PLANS APPENDED TO THIS PLANNING REPORT FOR CASE NO. 2024-06 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN AREAS UP TO 100-FEET FROM WATER RESOURCE AREAS ARE NEEDED, EXCLUSING THE PLANTING OF TREES AND VEGETATION, THE OWNER MUST CONTACT THE CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT ANY DISTURBED AREAS WITH SUITABLE PLANTINGS AND MATERIALS, PER DIRECTION OF THE CITY’S NATURAL RESOURCES COORDINATOR. 2. THE NEW POOL STRUCTURE SHALL COMPLY WITH ALL STANDARDS AND RULES UNDER TITLE 9 BUILDING REGULATIONS SECTION 9-2-1:SWIMMING POOLS, AND TITLE 12 ZONING OF THE CITY CODE, AND THE MINNESOTA STATE BUILDING CODE REGULATIONS. April 30, 2024 Mendota Heights Planning Commission Meeting Page 4 of 7 3. THE NEW SWIMMING POOL AND RELATED STRUCTURE WORK SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2 WETLANDS SYSTEMS OF THE CITY CODE. 4. ANY DRAINING OR BACK-FLUSHING FROM POOL SHALL BE DIRECTED ONTO THE SUBJECT PROPERTY ONLY, AND SHALL NOT DRAIN DIRECTLY INTO THE ADJACENT POND. ANY DRAINAGE ONTO PUBLIC STREETS OR OTHER PUBLIC DRAINAGE WAYS SHALL REQUIRE PERMISSION OF THE PUBLIC WORKS DIRECTOR. 5. THE OWNERS SHALL PROVIDE AND MAINTAIN A 25’ WIDE VEGETATIVE BUFFER (NO DISTURBANCE) FROM THE POND EDGE, WITH SAID BUFFER PLANTED WITH A MnDOT SEED MID LIST #33-261 OR OTHER SIMILAR PRODUCTS AND PLANTINGS APPROVED BY THE CITY’S NATURAL RESOURCES COORDINATOR. 6. NO ADDITIONAL GRADING OR OTHER LAND DISTURBANCE SHALL OCCUR WITHIN 25 FEET FROM THE EDGE OF THE ADJACENT WATER BODY, EXCEPT FOR THE REMOVAL OF DISEASED TREES, 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. 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. 8. 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. 9. 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. 10. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE, INCLUDING THE BUFFER AREA, SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE SWIMMING POOL PROJECT IS COMPLETED. 11. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE SWIMMING POOL OR RELATED LANDSCAPING WORK. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS; AND 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. AYES: 7 April 30, 2024 Mendota Heights Planning Commission Meeting Page 5 of 7 NAYS: 0 Chair Field advised the City Council would consider this application at its May 7, 2024 meeting. C) PLANNING CASE 2024-07 - STEPHANIE AND ERIK JOHNSON – 1902 GLENHILL ROAD – MISSISSIPPI RIVER CORRIDOR CRICITAL AREA (MRCCA) PERMIT Community Development Manager Sarah Madden explained that Stephanie and Erik Johnson are the applicants and owners of the property located at 1902 Glenhill Road. They are requesting a Mississippi River Corridor Critical Area (MRCCA) Permit to install a new in-ground pool in the rear yard of their existing single-family residence. 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 Manager Sarah Madden 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 land disturbance would qualify to ask the applicant to replace with native vegetation. Community Development Manager Sarah Madden replied that the overall MRCCA standards do list mitigation efforts that can triggered, one of which is native species replacement. She stated that while the applicant has provided a landscaping plan with plants typically seen in residential landscaping, some of those plants could be swapped out with native vegetation. She stated that in previous administrative applications on this property, there were native plants included that exist in other areas of the yard. Commissioner Stone commented that this seems to be an odd sized pool, which is meant to meet the requirements for the allowed size. He asked if someone from staff would be reviewing the site to ensure the length of the pool is as described. Community Development Manager Sarah Madden commented that the applicant has been in conversation with staff about the sizing and location of the pool because of the easement, so they are aware of that. Erik Johnson, applicant, commented that while he would have loved to have a 40-foot pool, he is aware of the site constraints and therefore designed something to fit within the allowed area. He commented that they tried to include pollinator friendly plantings, but could look more towards native plantings if that is more desired. April 30, 2024 Mendota Heights Planning Commission Meeting Page 6 of 7 Commissioner Katz asked if there have been conversations with the neighbor as the equipment during construction would most likely encroach on that property as well. Mr. Johnson confirmed that they have spoken with their neighbor. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 Commissioner Katz asked if the issue of the easement was settled. Public Works Director Ryan Ruzek commented that anything considered as a structure would be located outside of the easement area. He stated that ideally the City would never need to excavate that for 100 plus years, noting that trenchless technology has improved as well. He stated that the sewer line currently only serves one property to the north. He stated that staff is comfortable with the recommendation for approval and would consider the retaining wall to be more of a landscaping feature. He noted that the City would not be responsible to restore any installed improvements within the easement. Community Development Manager Sarah Madden commented that the applicant is aware of all that information about the easement and installed improvements, if excavation were needed within the easement, through discussions with staff. Commissioner Johnson commented that pollinator friendly usually means plants without neonicotinoids. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE MRCCA-CRITICAL AREA PERMIT FOR 1902 GLENHILL ROAD, WITH THE FOLLOWING CONDITIONS: 1. A BUILDING PERMIT, INCLUDING A FENCE PERMIT, MUST BE APPROVED BY THE CITY PRIOR TO THE COMMENCEMENT OF ANY SITE WORK. 2. THE NEW POOL STRUCTURE SHALL COMPLY WITH ALL STANDARDS AND RULES UNDER TITLE 9 UILDING REGULATIONS SECTION 9-2-1: SWIMMING POOLS, AND TITLE 12 ZONING OF THE CITY CODE, AND THE MINNESOTA STATE BUILDING CODE REGULATIONS. 3. THE EXISTING AND PROPOSED ENCROACHMENTS IN THE SIDE-YARD DRAINAGE AND UTILITY EASEMENT ARE SUBJECT TO THE PROCEDURES AS OUTLINED IN TITLE 8 PUBLIC WAYS AND PROPERTY, CHAPTER 2: OBSTRUCTIONS AND ENCROACHMENTS. April 30, 2024 Mendota Heights Planning Commission Meeting Page 7 of 7 4. THE PROPOSED PROJECT MUST COMPLY WITH ALL REQUIREMENTS OF THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. ALL PLANS MUST BE REVIEWED AND APPROVED BY THE PUBLIC WORKS DIRECTOR. 5. ALL EROSION CONTROL REQUIREMENTS AS APPROVED IN THE EROSION CONTROL PLAN MUST BE PUT IN PLACE PRIOR TO THE COMMENCEMENT OF ANY GRADING AND SITE WORK ACTIVITIES. SUCH MEASURES MUST REMAIN IN PLACE FOR THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL PROPER SITE RESTORATION PLANS ARE COMPLETED. 6. 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. 7. 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. 8. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE, INCLUDING THE BUFFER AREA, SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE SWIMMING POOL PROJECT IS COMPLETED. 9. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS; AND 9:00 A.M. TO 5:00 P.M. WEEKENDS. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its May 7, 2024 meeting. New/Unfinished Business Staff Announcements / Updates Community Development Manager Sarah Madden stated that the next meeting is on Tuesday, May 28th. She provided an update on recent actions of the City Council regarding planning related topics and recommendations from the Planning Commission. She also noted topics that will come before the Planning Commission in the near future. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO ADJOURN THE MEETING AT 7:55 P.M. AYES: 7 NAYS: 0