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2010-02-23 Planning Comm MinutesPlanning Commission Minutes February 23, 2010 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES February 23, 2010 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 23, 2010, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Lally, Commissioners Field, Hennes, Povolny, and Viksnins. Those absent: Commissioners McManus and Norton. Those present were City Administrator David McKnight, Assistant to the City Administrator Jake Sedlacek, Acting Public Works Director /City Engineer Ryan Ruzek, and NAC Planner Carie Fuhrman. Minutes were recorded by Carla Wirth. Election of Chair and Vice Chair Chair Lally called for nominations for the position of 2010 Planning Commission Chair. COMMISSIONER POVOLNY NOMINATED JOE LALLY FOR THE POSITION OF 2010 PLANNING COMMISSION CHAIR. COMMISSIONER HENNES SECONDED THE NOMINATION. Chair Lally accepted the nomination. AYES: 5 NAYES: 0 Chair Lally called for nominations for the position of 2010 Planning Commission Vice Chair. COMMISSIONER HENNES NOMINATED MIKE POVOLNY FOR THE POSITION OF 2010 PLANNING COMMISSION VICE CHAIR. COMMISSIONER FIELD SECONDED THE NOMINATION. Commissioner Povolny accepted the nomination. AYES: 5 NAYES: 0 Approval of December 22, 2009, and January 26, 2010, Planning Commission Minutes Commissioner Hennes requested the following corrections to the January 26, 2010, minutes: Page 3, second to last line, "...Centex Townhome development may qualify..." and Page 7, third paragraph, first line: "...when the Commission has not approved an exception..." While a vote was taken, there was no formal motion (or second) to approve the minutes, the minutes of the December 22, 2009 and January 26, 2010 will be brought to the March 23, 2010 Planning Commission meeting. The Planning Commission agreed with the request of Chair Lally to consider Item 6a prior to Item 5. Hearings PLANNING CASE #10 -02 Jane Landreville 2455 Bridgeview Court Wetlands Permit for a Fence Planning Commission Minutes February 23, 2010 Planner Carie Fuhrman explained that Jane Landreville is seeking a Wetlands Permit in order to install a fence to enclose a portion of the rear yard and to construct a set of stairs off the rear yard deck. The subject site is located at 2455 Bridgeview Court and zoned R -1, One Family Residential. The Wetlands Ordinance requires that any land alteration or construction within 100 feet of any designated wetland requires approval of a Wetlands Permit. Ms. Fuhrman used a map to identify the subject site, noting the parcel is located at the end of Bridgeview Court, which is a cul -de -sac, and west of Friendly Hills Middle School. It is a triangular- shaped parcel with a wetland located in the northwest comer. The parcel slopes down from the location of the home towards the wetland. The rear portion of the parcel is unimproved and contains natural vegetation. An 18 to 25 foot wide natural vegetation buffer is located between the improved lawn and the wetland area. Ms. Fuhrman stated the proposed fence will be approximately 18 to 20 feet from the wetland edge at its nearest point and the proposed deck stairs will be at least 70 feet from the wetland edge. The fence material is black aluminum, classic style fence with a 3/a rail puppy panel at the bottom, which will be located around the improved lawn area. The other portion of fence will be a black vinyl- coated chain link fence, which will be located through the wooded area. She used a site map to describe the intended alignment of the proposed fences and advised the applicant has indicated the purpose of the fence is to help keep both the family dog and the public utilizing the bike path safe from each other. Ms. Fuhrman stated the applicant is also applying to construct a set of stairs off the existing deck, which is located on the rear side of the home. The steps would be no wider than four feet and run directly behind the attached garage towards the east side property line and be approximately 80 feet from the wetland. The applicant has chosen this location to place the stairs because the area immediately adjacent to the deck, in the center of the rear yard, is 16 or so feet lower than the deck elevation and would require a more intrusive staircase. She noted the purpose of the Wetlands Ordinance is to ensure that alternations within the buffer area adjacent to wetlands do not degrade or threaten the water quality of the wetland area. Ms. Fuhrman stated the Planning Commission may either approve the Wetlands Permit based on findings that the proposal will not result in any negative impacts to the wetland and that the request is consistent with the Wetlands Ordinance; or, deny the Wetlands Permit based on a finding that the application is inconsistent with the intent of the Wetlands Ordinance. Ms. Fuhrman stated planning staff recommends approval of the requested Wetlands Permit for the installation of the fence and construction of the deck stairs as both projects will not result in any negative impacts to the wetland. The applicant has shown consideration for alternative locations for both the fencing and stairs, but the proposed locations appear to meet the intent of the Wetlands Ordinance and will not degrade or threaten the water quality of the wetland. Commissioner Viksnins asked if the entire fence would require the Wetlands Permit. Ms. Fuhrman used a map to identify an area closer to the house that may be outside the 100 foot setback. Jane Landreville, applicant and owner of 2455 Bridgeview Court, stated her agreement with staff s recommendation and findings. Commissioner Hennes asked if the fence would be necessary along the wetland. Ms. Landreville stated the fence is necessary to keep their family dog, a Welsh Terrier, out of the wetland water and wooded area. She explained that since they have an eight to ten foot high buffer, the fence cannot be viewed unless standing in her yard. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO CLOSE THE PUBLIC HEARING. 0 Planning Commission Minutes February 23, 2010 AYES NAYES COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER FIELD, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS REQUESTED BASED UPON THE FINDING THAT THE PROPOSALWILL NOT RESULT IN ANY NEGATIVE IMPACTS TO THE WETLAND AND THAT THE REQUEST IS CONSISTENT WITH THE WETLANDS ORDINANCE. AYES 5 NAYS 0 Chair Lally advised the City Council would consider this application at its March 2, 2010, meeting. Presentation of Open Meeting Law and Data Practices Act City Administrator David McKnight referenced the Minnesota Counties Insurance Trust, Resource Briefing, June 2006, and presented an overview of the Open Meeting Law, a law in Minnesota that applies to local government organizations and its members. Commissioner Viksnins asked if a violation results should an applicant call a Commissioner. Mr. McKnight explained why that would not be considered a violation of the Open Meeting Law. Commissioner Viksnins noted the information says the public body must make available for inspection, in the meeting room, at least one copy of the agenda and other written materials distributed to all board members. Mr. McKnight stated that is correct and pointed out the location of this information near the entrance to the meeting room. Mr. McKnight presented information on the Data Practices Act and advised the City keeps all of the Planning Commission data. He advised both the Open Meeting Law and Data Practices Act apply to the Planning Commission even though members are appointed and not elected. Commissioner Field asked whether documents presented at public meetings by the applicant are retained for the City's records. Mr. McKnight stated staff will assure those documents are retained. Verbal Review Assistant to the City Administrator Jake Sedlacek gave the following verbal review: PLANNING CASE 410 -01 Clear Wireless, LLC Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. City of Mendota Heights Comprehensive Plan • Approved by the City Council as recommended by the Planning Commission and submitted to the Metropolitan Council this afternoon. Mr. Sedlacek announced that the Dakota County Transportation staff will host a neighborhood meeting on Thursday, February 25, 2010, from 4 -6 p.m. at Trinity School to discuss the status of the Dakota County Regional Visioning Study. Mr. Sedlacek also announced the Annual Spring Clean Up Day on May 1, 2010, at Mendakota Park. Commissioner Hennes requested an update on the Zoning Code. Mr. Sedlacek advised that the Zoning Code Update will be considered and public hearing held at the Commission's March meeting. Planning Commission Minutes February 23, 2010 COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER FIELD, TO ADJOURN THE MEETING AT 7:24 P.M. AYES NAYES Respectfully submitted, Carla Wirth, Recording Secretary