2013-02-26 Planning Comm Minutes
Planning Commission Minutes
February 26, 2013
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSON MINUTES
February 26, 2013
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday,
February 26, 2013, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Jr.; Commissioners Doug
Hennes, Robin Hennessy, Mary Magnuson, Michael Noonan, Howard Roston, and Ansis
Viksnins. Those absent: None. Those present were Assistant to the City Administrator Jake
Sedlacek, Public Works Director/City Engineer John Mazzitello, and NAC Planner Stephen
Grittman.
Introduce New Commissioner: Robin Hennessy
Chair Field introduced Ms. Robin Hennessy as the newest member of the Planning Commission.
Commissioner Hennessy gave a brief background and why she was interested in being a part of
the Planning Commission.
The other commissioners also gave a brief description of themselves for the benefit of
Commissioner Hennessy.
Election of Chair and Vice Chair
Commissioner Magnuson nominated Litton Field as Chair of the 2013 Planning Commission,
seconded by Commissioner Noonan. The nomination was accepted by Commissioner Field.
There being no other nominations, the vote was called.
AYES: 7
NAYS: 0
Commissioner Roston nominated Mary Magnuson as Vice-Chair of the 2013 Planning
Commission, seconded by Commissioner Viksnins. Commissioner Magnuson expressed her
appreciation but respectfully declined and nominated Doug Hennes as Vice-Chair of the 2013
Planning Commission, seconded by Commissioner Noonan. The nomination was accepted by
Commissioner Hennes. There being no other nominations, the vote was called.
AYES: 7
NAYS: 0
Approval of January 22, 2013 Minutes
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO
APPROVE THE MINUTES OF JANUARY 22, 2013, AS PRESENTED.
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February 26, 2013
AYES: 7
NAYS: 0
Old Business:
PLANNING CASE #2012-34
Vince Nonnemacher
Conditional Use Permit for an accessory structure to keep pigeons at 1815 Valley Curve Road
Assistant to the City Administrator Jake Sedlacek explained that the City Council did discuss the
potential code amendment for allowing pigeons in Mendota Heights. The Council voted not to
change the code to allow pigeons. The original application was for a conditional use permit for
an accessory structure to house pigeons. Given the Council’s feedback staff recommended denial
of that request as was originally outlined in Mr. Grittman’s memo to the Planning Commission
dated December 26, 2012.
COMMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO
DENY THE CONDITIONAL USE PERMIT.
Chair Field noted for the record that the applicant was not in attendance. He then asked if the
record shows that the public hearing on this application had been closed or was it still open.
Assistant Administrator Sedlacek replied that there would be no harm in making the motion
again to close the public hearing.
Commissioner Roston tabled his motion to deny. Chair Field asked if there were any comments
from the public on Planning Case #2012-34. There being no one wishing to comment,
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO
DENY THE CONDITIONAL USE PERMIT BASED ON THE FOLLOWING FINDINGS OF
FACT:
1.THE PROPOSED ACCESSORY BUILDING IS PROPOSED TO HOUSE A USE
THAT IS NOT PERMITTED IN THE ZONING DISTRICT.
2.THE PROPOSED ACCESSORY BUILDING WILL BE INCONSISTENT WITH THE
CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
3.THE USE AND MAINTENANCE OF THE PROPOSED ACCESSORY BUILDING
WILL CONFLICT WITH OTHER NEIGHBORHOOD PRINCIPAL AND
ACCESSORY ACTIVITIES.
4.THE PROPOSED ACCESSORY BUILDING, WITH THE APPLIED CONDITIONS,
WILL CONSTITUTE A USE OF RESIDENTIAL PROPERTY THAT IS NOT
COMMONLY FOUND IN RESIDENTIAL AREAS OF THE COMMUNITY.
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February 26, 2013
5.THE PROPOSED USE DOES NOT FIT WITHIN THE CITY ZONING ORDINANCE
DEFINITION OF DOMESTIC ANIMALS.
The commission discussed the concept of an interim use permit which was a part of the code
amendment considered by city council. Staff advised that it could be addressed separately from
the current motion.
There being no more discussion regarding the motion on the floor, Chair Field called for the
vote.
AYES: 7
NAYS: 0
Chair Field noted that this motion for denial would be heard by the City Council on March 5,
2013 at 7:00 p.m.
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER MAGNUSON
THAT THE PLANNING COMMISSION REQUESTS THAT THE CITY COUNCIL
CONSIDER A CODE AMENDMENT CREATING AN INTERIM USE PERMIT.
There being no further discussion, Chair Field called for the vote.
AYES: 7
NAYS: 0
Hearings:
PLANNING CASE #2013-01
Yorn Yan
Code amendment to allow adult day care in the industrial zone as a conditional use, and a
conditional use permit for the same at 1385 Mendota Heights Road
Planner Grittman explained that this request is in two parts:
1.Proposed amendment to the zoning ordinance that would establish adult day care as a
conditional use permit in the industrial district
2.Request for a conditional use permit under that proposed amendment
The applicants, the United Cambodian Association of Minnesota(UCA), are seeking this
particular amendment and conditional use permit for the property located at 1385 Mendota
Heights Road. That property is zoned and guided for industrial uses and is currently occupied by
an industrial and office building. This property is located at the corner of Mendota Heights Road
and Pilot Knob and the applicant would be tenants in a portion of that building.
Staff is proposing an amendment based on the application request and identified a series of
conditions that they would propose be part of that amendment. If the commission and the council
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February 26, 2013
adopt the amendment, the applicants are also seeking a conditional use permit under these
regulations. Staff recommended approval of both the amendment and the conditional use permit
under the code as presented.
The commission expressed concern that the amendment specifically allows adult daycare and not
daycare for children.
The applicant, Yorn Yan, UCA explained that the organization was established 1992 to serve
Cambodians, but also serves Chinese, Korean, and other refugee people. the building would be
used for office as well as adult daycare service. Most clients would utilize group transportation.
Most of their clients are 65 years and older with impairments. However, they have some that are
50 years old who qualify for adult daycare services. They are looking to move into this new
facility as their current location has become too small.
Commissioner Roston asked if an age limitation of 18 years and older would be a problem. Mr.
Yan replied that most of the people they serve is 50 years and older.
Commissioner Noonan asked where the residents reside that would use this facility. Mr. Yan
answered that Dakota County has the second largest Cambodian population in Minnesota, behind
Hennepin County. Moving to Mendota Heights would give them the best location to serve both
counties.
Chair Field asked if there was anyone who wished to testify on the proposed amendments or the
conditional use permit.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
Assistant to the City Administrator Sedlacek, in response to the concerns raised about the ages of
18 and older, suggested that item F in the proposed amendment be changed to read “The daycare
facility is properly licensed by the State of Minnesota under applicable statutory requirements for
clients ages 18 and over.”
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON
TO APPROVE THE ZONING ORDINANCE AMENDMENT BASED ON THE FOLLOWING
FINDINGS OF FACT, SUBJECT TO THE ADDITIONAL LANGUAGE.
1.ADULT DAYCARE IS PRIMARILY AN INDOOR USE THAT RAISES NO
COMPATIBILITY ISSUES WITH OFFICE/INDUSTRIAL USES.
2.ADULT DAYCARE CLIENTS ARE COMMONLY BROUGHT TO THE SITE VIA
GROUP TRANSPORTATION, AND SHOULD NOT CONFLICT WITH
INDUSTRIAL TRAFFIC ON SITE OR IN THE AREA.
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February 26, 2013
3.PROVIDING ADULT DAYCARE VIA CONDITIONAL USE PERMIT ALLOWS
THE CITY TO ENSURE THAT SUCH FACILITIES WILL COMPATIBLY COEXIST
WITH THE USES ON SPECIFIC PROPERTIES.
AYES: 7
NAYS: 0
COMMISSIONER MAGNUSSON MOVED, SECONDED BY COMMISSIONER ROSTON
TO APPROVE THE CONDITIONAL USE PERMIT BASED UPON THE FOLLOWING
FINDINGS OF FACT
1.ADULT DAYCARE AT THE PROPOSED LOCATION, AT UP TO 4,000 SQUARE
OF THE EXISTING BUILDING, IS PRIMARILY AN INDOOR USE THAT RAISES
NO COMPATIBILITY ISSUES WITH OTHER OFFICE/INDUSTRIAL USES ON
THE SITE OR IN THE AREA.
2.ADULT DAYCARE CLIENTS ARE GENERALLY PROPOSED TO BE BROUGHT
TO THE SITE VIA GROUP TRANSPORTATION, AND SHOULD NOT CONFLICT
WITH INDUSTRIAL TRAFFIC ON SITE OR IN THE AREA.
3.THE PROPOSED ADULT DAYCARE COMPLIES WITH THE STANDARDS OF
THE PROPOSED ZONING AMENDMENT AUTHORIZING THIS USE IN THE
INDUSTRIAL ZONING DISTRICT.
4.THE PROPOSED ADULT DAYCARE IS A LIMITED USE OF A PERMITTED
OFFICE TENANCY, AND IS NOT EXPECTED TO ALTER THE PURPOSE OR
INTENT OF THE ZONING DISTRICT OR LAND USES IN THE AREA.
AYES: 7
NAYS: 0
Chair Field noted that these recommendations of approval would be forwarded to the City
Council and they will be meeting on March 5, 2013 at 7:00 p.m.
Verbal Review
Mr. Sedlacek gave the following verbal review:
PLANNING CASE #2012-36 Robert Lindahl Variance Request
•Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2012-34 Vince Nonnemacher Code Amendment
•City Council discussed the code amendment and did not approve changes to city code
Commissioner Noonan, asked if the city council was studying code in relation to garages and
signs. Mr. Sedlacek replied that City Council discussed both of those items at their annual goal
setting work session and has directed staff to bring forward amendments. The commission would
likely see the proposed change to code regarding garages at the March meeting of the Planning
Commission and likely be seeing something on signs at the April meeting.
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February 26, 2013
Adjourn
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON, TO
ADJOURN THE MEETING AT 7:36 P.M.
AYES: 7
NAYS: 0