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PC 11-26-2024November 26, 2024 Mendota Heights Planning Commission Meeting Page 1 of 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES NOVEMBER 26, 2024 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 26, 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, Jason Stone, and Andrew Katz. Those absent: Commissioner Brian Udell. Approval of Agenda The agenda was approved as submitted. Approval of September 24, 2024 Minutes COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE TO APPROVE THE MINUTES OF SEPTEMBER 24, 2024. AYES: 6 NAYS: 0 Hearings A) PLANNING CASE 2024-21 LAKES LLC, 1912 SOUTH LANE – LOT SPLIT REQUEST Community Development Manager Sarah Madden explained that Sean Doyle of SD Customer Homes/Lakes LLC is requesting consideration of a simple lot split on a parcel of land located at 1912 South Lane. 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 Petschel asked if the City passed the tree removal ordinance. November 26, 2024 Mendota Heights Planning Commission Meeting Page 2 of 5 Community Development Manager Sarah Madden confirmed that the City Council adopted that ordinance to become effective on January 1st. Chair Field opened the public hearing. Bobby Schmitz, applicant, stated that he was present to address any questions. Jeff Nath, 1911 Knob Road, commented that he has no trouble with this because it is a uselessly large lot. He referenced the permeable/impermeable guidelines the City recently adopted. He noted that this is an older section of the community and asked if that would impact the request. Commissioner Corbett commented that the lot sizes seem larger and therefore he does not believe this is one of those special areas. Chairperson Field commented that if the new guidelines were adopted, they would apply. Commissioner Petschel commented that he did not believe there was a carve out any longer and all lots were treated the same. Community Development Manager Sarah Madden confirmed that the standard is applied equally across the R-1 district. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO RECOMMEND APPROVAL OF THE LOT SPLIT REQUEST BASED ON THE FINDINGS OF FACT SUPPORTING THE REQUEST, WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT MUST RECORD THE LOT SPLIT (MINOR SUBDIVISION) AT DAKOTA COUNTY INDICATING THE NEWLY CREATE PARCEL 1 AND PARCEL 2. 2. THE RESOLUTION MUST BE RECORDED AT DAKOTA COUNTY AND MUST BE OF RECORD ON BOTH CREATED PARCELS. 3. ALL TRANSFER OR DEED DOCUMENTS WHICH CONVEY THE PORTION OF LANDS UNDER THE LOT SPLIT PROCESS SHALL BE RECORDED WITH DAKOTA COUNTY. 4. NO SINGLE-FAMILY DEVELOPMENT WILL BE ALLOWED OR APPROVED ON THE PROPOSED PARCELS UNTIL THE EXISTING SINGLE-FAMILY HOME AND ALL ACCESSORY STRUCTURES HAVE BEEN DEMOLISHED. November 26, 2024 Mendota Heights Planning Commission Meeting Page 3 of 5 5. THE APPLICANT/DEVELOPER MUST PROVIDE A BEST MANAGEMENT PRACTICES (STORMWATER MANAGEMENT) AGREEMENT TO THE CITY AS PART OF THE BUILDING PERMIT SUBMITTAL AND REVIEW PROCESS. 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. ANY NEW OR EXISTING SANITARY OR WATER SERVICE LINES WILL HAVE TO BE REVIEWED BY THE PUBLIC WORKS DIRECTOR AND/OR ST. PAUL REGIONAL WATER SERVICES PRIOR TO ISSUANCE OF ANY BUILDING PERMIT. 8. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE NEW RESIDENTIAL DWELLING. 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: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its December 3, 2024 meeting. B) PLANNING CASE 2024-23 CITY OF MENDOTA HEIGHTS – ZONING TEXT AMENDMENT Community Development Manager Sarah Madden provided background information on the actions of the Minnesota Legislature related to legalization of adult-use cannabis as well as the establishment of the Office of Cannabis Management (OCM), which will establish the administrative rules and oversight of the adult-use cannabis industry in Minnesota. Once the administrative rules are in place, licensing of cannabis businesses will commence, and all licensing will be conducted by the OCM. Local governments may register cannabis businesses and enforce certain zoning regulations within their jurisdiction, but may not require additional licensing of cannabis businesses. The City Council is continuing discussions over the business registration portion of the local control. This item relates to amendment to the Zoning Use Table within Title 12, as established following the Zoning Code Update project. The Table and the full ordinance go into effect on January 1, 2025. The proposed amendments will be scheduled to also go into effect on January 1st with the full ordinance update. A hearing notice was published in the City’s official newspaper, The Pioneer Press; 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). November 26, 2024 Mendota Heights Planning Commission Meeting Page 4 of 5 Staff recommended approval of this application as presented. Commissioner Petschel asked if the limitation on cannabis businesses applies to cannabis retailers and low potency products. Community Development Manager Sarah Madden replied that the limit is only on the number of cannabis retailers and the limitation does not apply to the sale of low potency products or industrial users. Commissioner Petschel used a similar business model of a brewery or distillery and asked if that type of cannabis business could have similar sale of their product at that location. He also asked, in that scenario, if the manufacturing were the main use and out sale were the accessory use, would that business need to hold the one retail sales license for the community. Commissioner Corbett stated that a mezzo business could obtain that type of license similar to a brew pub. Community Development Manager Sarah Madden replied that there will be 13 different license types, and it is her understanding that the cap applies to the cannabis retailer license specifically and therefore she would believe the mezzo license could allow for retail sales as an accessory use as discussed. Commissioner Corbett asked if some or all of the buffer would be implemented. Community Development Manager Sarah Madden commented that all of the buffers would be implemented along with a buffer of 500 feet between cannabis retailers. She stated that even if they were the strictest on the buffers, measuring from the property line, the majority of the commercial areas would remain untouched by the buffers. Commissioner Corbett asked how the registration process would be handled. Community Development Manager Sarah Madden stated that based on feedback from the City Attorney, the City would be following a first-come, first-serve basis for processing applications for registration. Commissioner Stone thanked staff for including comparison information from other cities. 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 PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 6 November 26, 2024 Mendota Heights Planning Commission Meeting Page 5 of 5 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF DRAFT ORDINANCE NO. 596 AS PRESENTED. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its December 17, 2024 meeting. New and Unfinished Business None. Staff Announcements / Updates Community Development Manager Sarah Madden provided an update on recent actions of the City Council and other items of interest to the Commission. She commented that she has not received any planning cases as of yet for December and therefore it is likely that meeting could be canceled. She noted that there will be one new member joining the Commission in January. The Commission thanked Commissioner Petschel for his service and expertise on the Commission. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO ADJOURN THE MEETING AT 7:47 P.M. AYES: 6 NAYS: 0