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PC 08-27-2024August 27, 2024 Mendota Heights Planning Commission Meeting Page 1 of 7 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES AUGUST 27, 2024 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 27, 2024 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Acting Chair Patrick Corbett, Commissioners Patrick Corbett, Cindy Johnson, Brian Petschel, Jason Stone, and Andrew Katz. Those absent: Chair Litton Field and Commissioner Brian Udell. Approval of Agenda The agenda was approved as submitted. Approval of July 23, 2024 Minutes COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF JULY 23, 2024. AYES: 5 NAYS: 0 Hearings A) PLANNING CASE 2024-18 SOUTHVIEW DESIGN, 643 POND VIEW DRIVE – WETLANDS PERMIT Community Development Manager Sarah Madden explained that the applicant is seeking a Wetlands Permit to authorize construction of a new deck structure and landscaping/hardscaping improvements on the property located at 643 Pond View Drive. A portion of the property is located within the Wetlands District, which encompasses wetlands and water resource related areas and the adjacent land within 100 feet of the normal high water markers of these water resources. The proposed improvements are located at the edge of the Wetlands District boundary, approximately 95.5 feet from the edge of the adjacent Copperfield Pond. 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. August 27, 2024 Mendota Heights Planning Commission Meeting Page 2 of 7 Acting Chair Corbett referenced the suggested tree protection and asked for more details on what prompted that addition. Community Development Manager Sarah Madden commented that she opted to include that based on current policy discussions, but noted that is not a current requirement of City Code and therefore would be optional for the Commission to include. Alison Landmark, Southview Design, commented that their goal is to be surgical in the planning and construction for this project because of the adjacent wetland and natural area that takes up a large portion of the backyard. She noted that a portion of the property is totally excluded from the scope of work and the deck footprint would not go further than the current deck footprint. Rory Dubin, property owner, commented that they worked with this team on their front yard project last year and are excited to continue. He stated that they do not have any issues with protection of the tree as suggested as they are keeping the tree. Acting Chair Corbett opened the public hearing. Seeing no one coming forward wishing to speak, Acting Chair Corbett asked for a motion to close the public hearing. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER STONE TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT TO SOUTHVIEW DESIGN AND FOR THE PROPERTY LOCATED AT 643 POND VIEW DRIVE, WHICH WOULD AUTHORIZE THE PERMITTING AND CONSTRUCTION OF THE NEW DECK AND ASSOCIATED LANDSCAPING AND HARDSCAPING IMPROVEMENTS, 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. 2024-18 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN REAS UP TO 100-FEET FROM THE POND EDGE IS NEEDED, EXCLUDING THE PLANTING OF TREES AND VEGETATION, THE OWNER MUST CONTACT 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. August 27, 2024 Mendota Heights Planning Commission Meeting Page 3 of 7 2. THE NEW STRUCTURE AND SITE IMPROVEMENTS SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 3. THE OWNERS SHALL CONTINUE TO MAINTAIN A 25’ WIDE VEGETATIVE BUFFER (NO DISTURBANCE) FROM THE ADJACENT POND EDGE, AS OUTLINED ON THE DRAINAGE EASEMENT DEDICATED ON THE PLAT OF THE PROPERTY. 4. NO ADDITIONAL GRADING OR OTHER LAND DISTURBANCE SHALL OCCUR WITHIN 25 FEET FROM THE EDGE OF THE ADJACENT POND, 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. 5. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. A DOUBLE ROW OF SILT FENCE/PERIMETER CONTROL IS REQUIRED, WITH J-HOOK ON BOTH SIDES OF THE PROPERTY. TREE PROTECTION AND EROSION BARRIERS SHALL BE PLACED AND MAINTAINED ALONG THE OUTER EDGES OF THE PROJECT WORK AREA AND REMAIN IN PLACE UNTIL ALL DISTURBED AREAS HAVE BEEN RESTORED. 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 COMPLINACE WITH THE CITY’S LAND DISTURBANCE GUIDEANCE 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 SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEIDATELY AFTER THE PROJECT IS COMPLETED. 9. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE PROPOSAL. 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. Further discussion: Commissioner Katz commented that he is pleased to see the language about tree protection and that the applicant agreed. He stated that he would support similar language when applicable going forward. Commissioner Johnson commented that it is a common construction practice to protect the drip line of the tree and therefore also agrees that protection is helpful when someone wants to save a tree. August 27, 2024 Mendota Heights Planning Commission Meeting Page 4 of 7 Acting Chair Corbett stated that while he agrees, he was just unsure if that should be a condition or whether it is better as a typical construction process. AYES: 5 NAYS: 0 Acting Chair Corbett advised the City Council would consider this application at its September 3, 2024 meeting. New and Unfinished Business A) ZONING CODE UPDATE Planning Consultant Jennifer Haskamp presented the Final Draft of the Zoning Code Update. The City has prepared proposed amendments to Title 12: Zoning to adopt a revised zoning title and corresponding Zoning Map. This item was tabled from the July 23, 2024, regular Commission meeting, where the public hearing was opened, held, and closed. The Planning Commission met at a Worksession on July 30, 2024, to continue to discuss the comments received at the July 23rd meeting. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. The Commission is asked to reopen the public hearing and continue its discussion of this item. Planning Consultant Jennifer Haskamp 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 adoption of Zoning Code updates as presented. Commissioner Katz thanked staff for continuing to go through the drafts and answer questions, acknowledging that this has been a long process. Acting Chair Corbett reopened the public hearing. Tim Lawrence, Alltech Engineering, referenced the proposed rezoning which would rezone a lot of industrial property to general business. He commented that it would seem that a number of current uses would not be included in the allowed table of uses for general business, using the example of metal fabrication. Commissioner Petschel commented that he specifically mentioned that use as something they wanted to allow and therefore if it is not listed, it should be. He believed that would fall under the definition of manufacturing. Mr. Lawrence asked the purpose of rezoning the parcels. August 27, 2024 Mendota Heights Planning Commission Meeting Page 5 of 7 Commissioner Petschel commented that those properties are not currently be rezoned. He stated that there is only one parcel in the industrial district being reguided as general business, and identified that parcel. Planning Consultant Jennifer Haskamp identified the stretch of property proposed to be rezoned. She explained that this is a follow up from the Comprehensive Plan guiding which had an intent to better match the existing uses of the property. Mr. Lawrence stated that he is seeking to understand the purpose of the change as his business is similar to many in that area. He stated that while their business is not engaging in manufacturing, they support industrial businesses and does not want the other businesses to be impacted by the change in zoning. Commissioner Stone asked how they could ensure that this would not impact the current businesses that are there. Community Development Manager Sarah Madden stated that the map itself has looked like this for some time because of the Comprehensive Plan guiding and cannot be separated from the Zoning Code update at this point. She stated that the table of uses could be updated. Planning Consultant Jennifer Haskamp stated that the existing businesses are protected as they would predate the changes to the Code and would be legal nonconforming uses. She stated that there was discussion that the existing businesses better match B-1 and if that is not the case, that whole section could be recommended to revert back to industrial. She stated that uses could also be added to the allowed uses if desired. Commissioner Stone asked the number of uses of that nature in that area. Public Works Director Ryan Ruzek commented that there may be one, noting that block may be better served as industrial and east of Pilot Knob Road he is not familiar with industrial-type properties. He stated that the map could therefore be modified, or if the intent is to have more general business in the future, the map could be left as proposed. Acting Chair Corbett commented that they would not want to adversely impact businesses or properties. Commissioner Petschel stated that perhaps manufacturing is added as a conditional use within general business. Planning Consultant Jennifer Haskamp reviewed the changes that could be made to allow those uses conditionally within general business. Commissioner Johnson suggested they look at the other B-1 zoning areas because that change would then open it up in those areas. August 27, 2024 Mendota Heights Planning Commission Meeting Page 6 of 7 Commissioner Petschel commented that manufacturing is already allowed, noting that there is just a specification on certain methods that are not allowed. Planning Consultant Jennifer Haskamp reviewed some of the allowed industrial activities that would not be allowed within general business. She stated that if those uses seem appropriate for this strip of property, then she would suggest changing that area back to industrial rather than adjusting the table. Community Development Manager Sarah Madden commented that as suggested by Public Works Director Ryan Ruzek, they could adjust the portion of the block west of Pilot Knob back to industrial. Commissioner Stone asked the opinion of the planning consultant. Planning Consultant Jennifer Haskamp commented that if those uses, she reviewed feel consistent with what is going on, and what they would like in the future, she would recommend the map change. She noted that it has been two years since the last review and discussion related to the map change. Commissioner Petschel stated that he would be comfortable going that route, as in reviewing the current uses, that seems to be more appropriate as industrial. Planning Consultant Jennifer Haskamp commented that would still be consistent with the Comprehensive Plan. The Commission thanked Mr. Lawrence for his input. Seeing no one further coming forward wishing to speak, Acting Chair Corbett asked for a motion to close the public hearing. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE PROPOSED AMENDMENTS TO TITLE 12: ZONING TO ADOPT THE REVISED ZONING TITLE DRAFTED WITHIN THE CITY OF MENDOTA HEIGHTS ZONING CODE UPDATE PROJECT AND CORRESPONDING AMENDMENTS TO THE ZONING MAP TO MODIFY DISTRICT BOUNDARIES AND ZONING DISTRICT TITLES, WITH THE ADDITIONAL RECOMMENDATION FOR THE MAP CHANGE TO REZONE WEST OF PILOT KNOB, SOUTH OF MENDOTA HEIGHTS ROAD, FROM B-1 TO INDUSTRIAL. AYES: 5 August 27, 2024 Mendota Heights Planning Commission Meeting Page 7 of 7 NAYS: 0 Community Development Manager Sarah Madden advised the City Council would consider this application at its September 17, 2024 meeting. Staff Announcements / Updates Community Development Manager Sarah Madden stated that along with the Zoning Code updates, the City Council will also be considering short-term rentals, as that may be something of interest to the Commission. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO ADJOURN THE MEETING AT 8:01 P.M. AYES: 5 NAYS: 0