HomeMy Public PortalAbout09-08-2020 Planning Commission Packet POSTED AT CITY HALL September 4, 2020
PLANNING COMMISSION AGENDA
TUESDAY, SEPTEMBER 8, 2020
7:00 P.M.
Meeting to be held telephonically/electronically
pursuant to Minn. Stat. Sec. 13D.021
Call-in Information: 612-517-3122 (Conference ID 922 394 879#)
Electronic access (via Microsoft Teams): link available at https://medinamn.us/pc
1. Call to Order/Introduction of Commissioners
2. Public Comments on items not on the agenda
3. Update from City Council proceedings
4. Planning Department Report
5. Public Hearing – Ordinance Amendment – Chapters 7 and 8 of the City
Code related to Individual Sewage Treatment Systems
6. Approval of August 12, 2020 Planning Commission Minutes
7. Council Meeting Schedule
8. Adjourn
Planning Department Update Page 1 of 2 September 1, 2020
City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson
DATE: August 27, 2020
SUBJ: Planning Department Updates – September 1, 2020 City Council Meeting
Land Use Application Review
A) Bartzen Septic Variance – 1075 Oak Circle – John and Mary Bartzen have requested a
variance from the required 75-foot setback from wetlands to replace an existing
noncompliant septic system. It appears the proposed site is the only location which can
accommodate a system. A public hearing was held at the August 18 City Council meeting,
after which the Council directed staff to prepare a resolution of approval. Staff intends to
present on September 1.
B) Ditter Subdivision – 2032-2052 Holy Name Drive – Tom and Jim Ditter have requested
Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Interim Use Permit to
replat their existing four lots into five lots. A public hearing was held at the August 12
Planning Commission meeting. No one spoke at the hearing and the Commission
unanimously recommended approval. Staff intends to present at the September 1 meeting.
C) Brugger Home Occupation CUP – 1345 Elsinore Circle – Kayla Brugger has requested a
CUP to offer fitness instruction out of her home, in addition to sessions offered in client
homes or virtually. A public hearing was held at the August 12 Planning Commission
meeting. No one spoke at the hearing and the Commission unanimously recommended
approval. Staff intends to present at the September 1 meeting.
D) Schwarz Accessory Dwelling Unit – 1425 County Road 24 – Chaid and Jessica Schwarz
have requested a conditional use permit to convert an existing home to an accessory
dwelling unit to allow construction of a new home on their property. The CUP would also
permit three accessory structures on the site. Staff is conducting a preliminary review and
will schedule a public hearing when complete, potentially at the October 13 Planning
Commission meeting.
E) Meadow View Townhomes– north of Highway 55, west of CR116 – Lennar has applied for
a preliminary plat to develop 125 townhomes on approximately 20 net acres. Staff has
conducted a preliminary review and requested additional information. The Planning
Commission held a public hearing at the July 14 meeting and recommended approval,
conditioned upon the plan incorporating the final Tamarack Drive study information. The
Council reviewed on August 18 and directed staff to prepare documents of approval. Staff
intends to present these documents to the Council on September 15.
F) Roehl Preliminary Plat – 1735 Medina Road – The Estate of Robert Roehl has requested a
preliminary plat to subdivide 28 acres into two lots. The Planning Commission held a
public hearing on May 12 and recommended approval. The City Council granted
preliminary plat approval on June 16. Staff will await an application for final plat.
G) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert
Atkinson has requested a change of the future land use from Future Development Area to Business,
a staging plan amendment to 2020, and a rezoning to Business Park. The application is incomplete
for review, and the City has requested additional materials.
Planning Department Update Page 2 of 2 September 1, 2020
City Council Meeting
H) OSI Expansion – Arrowhead Drive, north of Highway 55 – Arrowhead Holdings (real estate
company for OSI) has requested final plat approval for Cavanaughs Meadowwoods Park 3rd Addn.
The City Council granted final plat approval on June 16. The applicant has begun site work and
applied for a building permit. Staff is working with the applicant on the conditions of
approval to allow issuance of the permit.
I) Mark of Excellence Comp Plan Amendment, PUD Concept Plan – east of Mohawk Drive,
north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Comp
Plan Amendment and PUD Concept Plan for development of 76 twinhomes, 41 single-
family, and 32 townhomes on the Roy and Cavanaugh properties. The Council adopted a
resolution granting conditional approval and authorizing submission to the Met Council.
The Met Council has authorized the City to put the amendment into effect. Staff will await
a preliminary plat application.
J) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Jan-Har, LLP (dba Adam’s
Pest Control) has requested various approvals for development of a 35,000 s.f. office
building, restaurant, and 13,000 s.f. warehouse/repair shop north of Highway 55, west of
Willow Drive (PIDs 04-118-23-21-0001 and 04-118-23-24-0001). The Planning
Commission held a public hearing at the November 12 and March 10 meetings and
recommended approval. The City Council adopted approval documents on March 17.
K) Johnson ADU CUP, Hamel Brewery, St. Peter and Paul Cemetery – The City Council has adopted
resolutions approving these projects, and staff is assisting the applicants with the conditions of
approval in order to complete the projects.
L) Hamel Haven subdivision – These subdivisions have received final approval. Staff is working with
the applicants on the conditions of approval before the plat is recorded.
Other Projects
A) Long Lake Subwatershed Assessment – staff met with a representative from the DNR related to
potential ravine stabilization project within Wolsfeld Woods SNA. Work within a SNA has a
number of stringent requirements, even when the project is intended to improve stormwater.
Minnehaha Creek is updating its assumptions to meet these requirements to see if a project may be
viable.
TO: City Council
FROM: Jason Nelson, Director of Public Safety,
Through City Administrator Scott Johnson
DATE: August 28, 2020
RE: Department Updates
Center Point Energy Grant Awarded
Sergeant Boecker completed a matching grant for Center Point Energy and we were awarded $1600
towards the replacement of two AEDs that were expired. The AEDs have been purchased and put
into service in our squad cars.
Officer Boeddeker Update
Kaylen has completed her third week and has already seen many things: unruly persons, intoxicated
driver found lying on the roadway by their vehicle, and a death of an elderly female. These are just
some examples of what police officers see on a weekly, if not daily basis. Kaylen is doing a great
job so far and is fitting in with the team.
Civil Unrest Preparation
The Lakes Area Emergency Management group is planning for civil unrest with the trials of the
Minneapolis Officers starting in March 2021. We are working on solutions to work together in case
things spill out to the outer suburbs. I am in the process of securing equipment to protect the officers
should we be called to assist our partner agencies and vice versa.
Patrol:
Patrol Updates 08/12/2020 through 08/25/2020
Patrol Activities – Between the dates of August 12, 2020 through August 25, 2020 our officers
issued 40 citations and 122 warnings for various traffic violations. There was 1 property damage
accident reported, 4 medicals, 5 welfare checks/mental health calls, 3 business alarms, 3 residential
alarms, 5 suspicious calls, and 12 assists to other agencies.
On 08/12/2020 our CSO was dispatched to a reported injured hawk in the yard of a residence in the
2600 block of Hamel Road. The homeowner pointed out the location of the hawk and as the officer
approached the hawk flew away. It appeared the hawk had been eating a fresh kill on the ground.
MEMORANDUM
On 08/14/2020 officers on patrol in the Loretto area came upon a tree that had fallen and taken out
some power lines. Loretto Fire Department was requested to assist with blocking some roadways
until Xcel Energy could respond to make the scene safe.
On 08/15/2020 officer was dispatched to a theft report in the 3300 block of Butternut Drive. The
homeowner reported someone stealing a package from his front step after getting a video notification
on his phone. A camera on his front step did show someone walking up to his front door early in the
morning and removing a package from the front door area. The case has been forwarded to
investigations.
08/15/2020 officer working traffic detail for the AutoMotorPlex car show. During that three-hour
period two vehicles were clocked at 100 mph on Highway 55. Officers also received two complaints
of cars racing both ways along Highway 55.
On 08/20/2020 officer was dispatched to a welfare check in the 2400 block of Willow Drive. A
passerby observed a female stumble out of a vehicle and was laying on the ground. Upon arrival the
officer determined that the female was highly intoxicated, and she was placed under arrest for DWI.
A blood search warrant was issued to obtain a blood sample from the female. Charges are pending
the results.
On 08/20/2020 officer stopped a vehicle for an equipment violation along Highway 55. The officer
observed a Wisconsin license plate lying in the vehicle. When the officer ran the plate, he found the
plate had been reported stolen. The driver of the vehicle was cited and released at the scene.
On 08/24/2020 another theft report was taken along Tamarack Drive where another political sign
was reported missing. There have been several political signs removed in this area over the past few
weeks.
Investigations:
Received a report from Hennepin County Child Protection involving possible sexual and physical
abuse at a residence in Medina. I met with Child Protection at the residence and interviewed all the
parties involved. The investigation is ongoing.
While investigating a different incident, I received information on a possible sexual assault involving
two siblings. A Corner House interview has been scheduled for the victim. Both the alleged suspect
and victim are under the age of 15. The investigation is ongoing.
Received the results from a search warrant that I submitted to a bank in Maryland that involved a
wire transfer from a business in Loretto. The results showed that the suspect possibly stole someone
else’s identity to create the bank account. The investigation is ongoing.
There are currently (9) cases assigned to investigations.
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: August 27, 2020
MEETING: September 1, 2020
SUBJECT: Public Works Update
STREETS
• Public Works is in the process of putting in place shoulders along several streets,
including Chippewa and Shire Drive.
• Public Works has completed a second round of mowing throughout the City’s ROWs.
• Several streets require fresh striping. I am working with our contractor to complete this
second phase.
WATER/SEWER/STORMWATER
• Public Works and Badger State are performing the final inspections of warranty issues
with the Water Tower Rehab Project. A few items to be addressed remain on the list, and
it is our goal to have all issues resolved before the warranty expires.
• On the evening of August 14th, during a rainstorm, Public Works dealt with a watermain
break. It seems the timing is never great for something like this. Repairs to the main are
complete but the street will still need to be patched.
PARKS/TRAILS
• Last week we spent a considerable amount of time weeding the steep banks and shoreline
at Lakeshore Park.
• Public Works will begin paving preparation soon on the North shoulder of Medina Road.
My goal is to complete the section from Brockton Lane North to Hunter Drive this fall.
Notices were mailed to residents whose properties are affected by this section of work.
• I will be scheduling trail replacement for a portion of the Hamel Legion Park along the
western border.
• Public Works added additional sand to the volleyball court at The Fields of Medina. A
tennis net was also replaced.
PERSONNEL
• Our part-time summer employee has headed back college, his last day was Friday,
August 28th. The parks remain busier than ever and require continuous attention. We
remain short-staffed. The loss of help will be very challenging as we head into fall.
Ordinance Amendment Page 1 of 2 September 8, 2020
ISTS Regulations Planning Commission Meeting
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Planning Director
DATE: September 3, 2020
MEETING: September 8, 2020 Planning Commission
SUBJ: Public Hearing – Ordinance Amendment – ISTS regulations
Summary
City Code section 720 regulates Individual Sewage Treatment Systems (ISTS), or septic systems,
pursuant to Minnesota Rules. Minnesota Rules permit a City to adopt more restrictive standards,
but not less restrictive. Section 720 includes several provisions which are more restrictive.
Staff is recommending the following changes to the City’s Code:
1) Remove requirement that every design include percolation tests (perc tests)
2) Remove requirement for minimum of two 1000-gallon septic tanks
3) Correct erroneous reference to state rules
Percolation Tests
One of these additional provisions contained in the City’s ordinance is the requirement for
designers to submit percolation tests along with other required information. This requirement
has been in the City’s septic regulations for decades.
The main benefit of a perc test is to determine how the native grounds ability to infiltrate water
has been affected by traffic or construction. The City Building Official does not believe
percolation tests are necessary in all cases. He believes the Building Official and the designer
will know when a perc test is necessary based upon site characteristics.
City staff has received comments from septic designers that Medina is the only City to require
perc tests, which significantly increases the time and cost for completing a design. The designers
have also noted the results of the perc tests do not tend to contribute to their design work. The
state provides conservative assumed percolation rates for different soil findings based upon
research. Designs generally utilize the state table because it is more conservative and there is
less liability.
The proposed amendment would remove the requirement that all designs include perc tests.
Designers may still choose to do them and the Building Official may still require them based on
site characteristics identified during review. These changes are contained in Section II and IV of
the attached ordinance.
Two Septic Tank Requirement
State rules include minimum requirements for septic tank capacity based upon the number of
bedrooms and projected sewage flow. The rules also allows larger, compartmentalized tanks
rather than individual tanks.
Ordinance Amendment Page 2 of 2 September 8, 2020
ISTS Regulations Planning Commission Meeting
The City’s ordinance requires a minimum of two 1000-gallon septic tanks. This capacity is
equivalent to the state’s requirement for a 6 or 7 bedroom home. The following table is required
by Minnesota Rules:
The City’s previous Building Official advocated the two 1000-gallon tank requirement because
he believed it provided improved opportunity for solids to settle before being discharged to the
pump tank, and ultimately to the drainfield. The City’s current Building Official believes the
septic tank and baffle design has improved in recent years and would be in favor of reverting to
the state regulations. The Building Official notes that especially in situations where a septic
system is being replaced on a smaller lot, it is often difficult to accommodate three 1000-gallon
tanks (2 septic tanks and a pump tank).
The attached ordinance includes this change in Section I
Correct Erroneous Reference to State Rules
Section 720 currently includes an erroneous reference to state rules. Operating permits are
required for Type IV and Type V systems under the rules. Medina’s ordinance currently reads
Type III and Type IV. This correction is included in Section III of the attached ordinance.
Potential Action
The Planning Commission should first hold a public hearing on the proposed ordinance. After
the Commission completes review, it could consider the following action:
Move to recommend approval of the ordinance amending individual sewage treatment
system permit requirements.
Attachments
1. Draft Ordinance
Ordinance No. ### 1
DATE
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE AMENDING INDIVIDUAL SEWAGE TREATMENT SYSTEM
PERMIT REQUIREMENTS; AMENDING CHAPTERS 7 AND 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 720.09 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 720.09. Deviations from Adopted Standards and More Restrictive Standards.
Subd. 1. RESERVED
Subd. 2. Minnesota Rules, Chapter 7080.2100, subp. 2(C) is modified to require a pump tank
with a minimum capacity of 1,000 gallons.
Subd. 3. All soil treatment areas shall be protected before, during and after construction on the
lot. The method of protection of the additional soil treatment area shall be approved by the City of
Medina Building Official and may include, but is not limited to, snow fencing, permanent fencing
and silt fencing.
Subd. 4. No building permit shall be issued for construction on any property if such construction
negatively impacts one of the two required soil treatment areas that can accommodate a standard
ISTS, unless it can be shown that such treatment area can be replaced upon the property.
Subd. 5. Tanks and soil treatment and dispersal areas shall be setback a minimum of 75 feet
from wetlands.
Subd. 6. All SSTS with a pump shall include an alarm within the structure served to warn of
failure.
Subd. 7. Holding Tanks.
(a) Holding tanks in compliance with Minnesota Rules 7080.2290 may only be allowed in
the following circumstances:
(1) As replacement for existing failing SSTS or for SSTS that pose an imminent threat
to public health or safety.
(2) For construction on lots existing as of March 26, 2015 where it can be shown
conclusively that a SSTS cannot feasibly be installed.
(3) For buildings with limited water use, with the exception that dwellings shall not be
connected to holding tanks unless meeting (1) or (2) above.
(4) For floor drains within a structure.
(b) In addition to conditions of an Operating Permit as described in this Section, use of
holding tanks shall be subject to the following conditions:
(1) An alarm shall be installed on the holding tank(s) which indicates when one day’s
use remains in the tank(s).
Ordinance No. ### 2
DATE
(2) The owner shall maintain a valid contract with a licensed liquid waste hauler to
pump and haul the holding tank to a licensed treatment facility.
(3) The pumper shall certify each date the tank is pumped, the volume of the waste
removed, the treatment facility to which the waste was discharged, and the water
meter reading at the time of pumping. These records shall be maintained by the
owner, and shall be provided upon request to the City.
(4) Any dwelling served by holding tanks shall require a minimum of two tanks.
(5) The owner shall install a remote reading water meter to record indoor water use.
(6) The holding tank shall be regularly pumped, no less frequently than bi-weekly or
other regular schedule agreed upon with the City.
(7) A holding tank that is solely used for floor drains shall not be subject to the
requirements of Subd. 7(b) (3)-(6), above.
Subd. 8. Allowed Reduction in the Vertical Separation for Existing System Compliance.
As permitted by Minnesota Rules 7080.1500 Subp. 4, an existing ISTS which was designed and
constructed with a three-foot separation distance shall be allowed a maximum of a 15 percent
reduction in vertical separation distance to account for settling of sand or soil, normal variations
of measurements, and interpretations of the limited layer conditions.
SECTION II. Section 720.15 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 720.15. Construction Permit. It shall be unlawful for any person to construct, install,
modify or replace a SSTS without obtaining a permit from the City.
Subd. 1. Activities requiring a permit. A construction permit is required for installation of a
new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components
that will alter the original function of the system, change the treatment capacity of the system,
change the location of the system, or otherwise change the original system’s design, layout, or
function.
Subd. 2. Activities not requiring a permit. A construction permit is not required for the
following minor repairs or replacements of system components that do not alter the original
function of the system:
(a) Repair or replacement of pumps, floats or other electrical devices of the pump;
(b) Repair or replacement of baffles in the septic tank;
(c) Installation or repair of inspection pipes and manhole covers; or
(d) Repair or replacement of the line from the building to the septic tank.
Subd. 3. Permit Application Requirements. Applications shall be made on forms provided by
the City and shall involve the following:
(a) Site Evaluation Report;
(b) Detailed soil descriptions within soil treatment areas;
(c) If determined necessary by the Building Official based upon site characteristics, two
Ordinance No. ### 3
DATE
sets of percolation tests for the primary and secondary site;
(d) Design Report;
(e) Management Plan; and
(f) Any other information requested by the City to confirm compliance with relevant
regulations and to ensure protection of the public health, safety, and welfare.
Subd. 4. Installation and Inspection Requirements.
(a) No changes may be made to the approved design without approval of the amended
design.
(b) All tests and data required by the City inspector shall be provided.
(c) The installer shall provide an accurate as-built at the time of final inspection.
(d) The installer shall test any pumps and alarms at the time of final inspection.
Subd. 5. Permit Expiration. A Construction Permit shall be valid for a period of no more than
one year from the date of issuance.
Subd. 6. Permit Suspension or Revocation. The City may suspend or revoke a Construction
Permit issued under this section for any false statements, misrepresentations of facts on which
the Construction Permit was issued, or unauthorized changes to the system design that alter the
original function of the system, change the treatment capacity of the system, change the location
of the system, or otherwise change the original system’s design, layout, or function. A notice of
suspension or revocation and the reasons for the suspension or revocation shall be conveyed in
writing to the permit holder. If suspended or revoked, installation or modification of a treatment
system may not commence or continue until a valid Construction Permit is obtained.
SECTION III. Section 720.17 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 720.17. Operating Permit.
Subd. 1. Operating Permit Required. An Operating Permit in compliance with Minnesota
Rules 7082.0600 subp. 2 shall be required for:
(a) Type IV Systems, as described in Minnesota Rules 7080.2350;
(b) Type V Systems, as described in Minnesota Rules 7080.2400;
(c) MSTS, as described in Minnesota Rules 7081; and
(d) Holding Tanks.
Subd. 2. Operating Permit Requirements. An Operating Permit shall specify the following,
which shall be reviewed by the City and approved only if compliant with relevant regulations:
(a) Maintenance requirements, including frequency;
(b) System operational and performance requirements;
(c) Monitoring requirements;
(d) Compliance limits and compliance boundaries;
(e) Reporting frequency;
(f) Disclosure of the location and condition of the soil treatment and dispersal system, if
applicable;
Ordinance No. ### 4
DATE
(g) Stipulation of acceptable and prohibited discharges;
(h) Executed contract between the owner and a licensed maintenance contractor; and
(i) A requirement that the permittee notify the City when permit requirements are not met.
Subd. 3. Transfer of Operating Permit.
(a) The Operating Permit shall be recorded against the title of the subject property and shall
bind successors in title for the term of the permit.
(b) With the exception of a sale as described above, the Operating Permit may not be
transferred without prior approval by the City.
Subd. 4. Suspension or Revocation.
(a) The City may suspend or revoke any Operating Permit issued under this section for any
false statements or misrepresentations of facts on which the Operating Permit was issued
or for failure to comply with the terms and conditions of the Operating Permit.
(b) Notice of suspension revocation and the reasons for revocation shall be conveyed in
writing to the owner.
(c) If suspended or revoked, the City may require that the treatment system be removed from
service, operated as a holding tank, or abandoned.
(d) At the City’s discretion, the Operating Permit may be reinstated or renewed upon the
owner taking appropriate corrective actions.
SECTION IV. Section 820.25 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 820.25. Data for Preliminary Plat. Each Preliminary Plat shall contain the following
information.
Subd. 1. Identification and Description. Proposed name of subdivision, which name shall
not duplicate or be alike in pronunciation with the name of any plat recorded in the County.
(a) Legal description of the subdivision and a survey prepared and certified by a surveyor
registered in the State of Minnesota.
(b) Key Map showing location of the subdivision and property for at least 660 feet adjacent.
(c) Names and addresses of the owner, subdivider, surveyor and designer of the
subdivision.
(d) North point.
(e) Date of preparation.
(f) Approval by the subdivision owner.
(g) Scale of one inch equals 100 feet or larger.
Subd. 2. Existing Conditions. The following existing conditions must be shown:
Ordinance No. ### 5
DATE
(a) Boundary line of proposed subdivision, clearly indicated.
(b) Existing zoning classification.
(c) Total approximate area of each zoning classification.
(d) Location, widths and names of all existing or previously platted streets or other public
ways, showing type, width and condition of improvements, if any, railroad and
utility rights-of-way, parks and other public open spaces, permanent buildings and
structures, easements, and section and corporate lines both within the subdivision
and to a distance of 100 feet beyond the subdivision.
(e) Location and size of existing sewers, water mains, culverts or other underground
facilities both within the subdivision and to a distance of 100 feet beyond the tract.
Such data as grades, invert elevations and locations of catch basins, manholes and
hydrants, shall be shown only on request.
(f) The boundary lines of adjoining unsubdivided or subdivided land, within 100 feet of the
proposed subdivision and the record owner thereof.
(g) Topographic data shall be required of the proposed subdivision and out to 50 feet
beyond boundaries of the plat at contours at vertical intervals of not more than two
feet. Additional topographic data up to 300 feet beyond the subdivision boundaries
shall be furnished upon City Engineer recommendation.
(h) The types, boundaries and the amount of suitable soils for each lot on the plat set forth
by a soil series map that references designations made by the most current Hennepin
County Soil Survey. In rural areas, suitable soils must be calculated for each parcel,
including the existing parcel and for each type of soil.
(i) Wetland data shall be required and must consist of a wetland delineation report which
identifies all wetlands, ponds, lakes, waterways, floodplains and shorelines. The
owners or subdividers shall submit to the Zoning Administrator office three (3)
copies of the full wetland delineation report for consideration with the preliminary
plat. Any area located in the areas set forth by this provision shall not be considered
in the calculation for contiguous soils in rural areas.
(j) Floodplain information shall be provided to the Zoning Administrator for consideration
with the preliminary plat and delineated on the preliminary plat for review. The
preliminary plat shall follow the regulations in section 826.86 subdivisions 1-3 with
regard to floodplain management. All areas in the floodplain shall be established
and those areas may not be included in the calculation for contiguous suitable soils
in rural areas.
(k) The primary and secondary septic sites shall be designated for rural areas. The Zoning
Administrator has the authority to accept or deny the results of the septic locations
on any lot. The septic system design and construction must follow section 720
Individual Sewage Treatment Standards.
Ordinance No. ### 6
DATE
(l) Soils types information shall be provided by the owner or subdivider to the Zoning
Administrator for consideration with the preliminary plat. This information shall
consist of two (2) copies of the soil boring logs and the soils designations for the
areas within the plat as set forth by the most current Hennepin County Soils Survey.
In the event that the owner or subdivider is of the opinion that the soils types
designated by the most current Hennepin County Soils Survey are inaccurate by type
or location, he or she shall include information with respect to the inaccuracies in the
submittal. The Zoning Administrator has the authority to accept or deny the results
of the soil borings. Based on the information submitted and any other relevant
information, the Zoning Administrator shall calculate the final acreage amount of
contiguous suitable soils for each lot.
Subd. 3. Subdivision Design Features. The following Subdivision Design Features shall be
provided:
(a) Layout of proposed streets, showing right-of-way widths and proposed names of streets.
The name of any street heretofore used in the City or its environs shall not be used,
unless the proposed street is an extension of an already named street, in which event
the same shall be used.
(b) Locations and widths of proposed alleys, pedestrian ways and utility easements.
(c) Proposed street and alley centerline profile grades showing approximately both existing
and proposed centerline profile grade lines.
(d) Proposed location and size of storm and sanitary sewer lines and water mains and
proposed gradient of sewer lines.
(e) Proposed storm and sanitary sewer point of discharge or connection to existing systems
and water main connection or source of supply.
(f) Layout, numbers and preliminary dimensions of lots and blocks.
(g) Minimum front, side and rear building setback lines, indicating dimensions.
(h) Areas, other than streets, alleys, pedestrian ways and utility easements intended to be
dedicated or preserved for public use, including the size of such area or areas in
acres.
(i) A separate draft of all proposed restrictive covenants, if they are to be used, for the
preliminary plat.
Subd. 4. Other Information. The following additional information shall be provided.
(a) Provision for surface water disposal, drainage, and flood control.
(b) If any zoning changes are contemplated, the proposed zoning plan for the areas.
Ordinance No. ### 7
DATE
(c) Where the subdivider owns property adjacent to that which is being proposed for the
subdivision, the Planning Commission shall require that the subdivider submit a
sketch plan of the remainder of the property so as to show the possible relationships
between the proposed subdivision and the future subdivision. In any event, all
subdivisions shall be shown to relate well with existing or potential adjacent subdivi-
sions.
(d) Potential resubdivision and use of excessively deep or wide (over 200 feet) lots shall be
indicated.
(e) Such other information as may be requested by the Zoning Administrator or Planning
Commission.
SECTION IV. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this th day of , 2020.
______________________________
Kathleen Martin, Mayor
Attest:
___________________________________
Jodi M. Gallup, City Clerk
Published in the Crow River News on the _____day of __________, 2020.
1
CITY OF MEDINA 1
PLANNING COMMISSION 2
DRAFT Meeting Minutes 3
Wednesday, August 12, 2020 4
5
1. Call to Order: Chairperson Reid called the meeting to order at 7:01 p.m. 6
7
Present: Planning Commissioners Theresa Couri, Peter Galzki, Ron Grajczyk, Beth Nielsen, 8
Cindy Piper, and Robin Reid. 9
10
Absent: None. 11
12
Also Present: Planning Director Dusty Finke and Associate Planner Deb Dion. 13
14
15
2. Public Comments on Items not on the Agenda 16
17
No comments made. 18
19
3. Update from City Council Proceedings 20
21
Finke provided an update from the July 21 and August 4 Council meetings. He noted the 22
City Council discussed the Tamarack Drive Vision Study on July 21 and there was a lot of 23
feedback from property owners along the corridor. The Council tabled the study and staff 24
intends to present on August 18. 25
26
4. Planning Department Report 27
28
Finke stated that the written report was available in the packet. 29
30
5. Public Hearing - Tom and Jim Ditter – 2032-2052 Holy Name Drive - Comprehensive 31
Plan Amendment, Rezoning, Preliminary Plat and Interim Use permit to subdivide four 32
existing lots into five 33
Finke presented the application. He noted the request includes a comprehensive plan 34
amendment, rezoning, preliminary plat, and interim use permit. He noted two of the four lots 35
were previously connected to the sewer system which had been installed in the late 1990’s to 36
bail out failing septic systems along Holy Name Lake. Finke stated that other properties 37
connected at the same time were rezoned to Suburban Residential, but larger lots were not. 38
He noted staff believes lots over 60,000 square feet in size were not rezoned because it may 39
have created an unintended consequence of allowing further subdivision, which was not the 40
intent. He presented a site plan showing the existing and proposed comp plan guiding and 41
zoning. Finke noted the proposed lots appear to meet the requirements of each district. Finke 42
noted that the proposed lot lines would result in two homes being located on Lot 1 and would 43
result in some of the existing outbuildings being located on new lot lines. He stated that the 44
2nd home east of Holy Name was subject to a life estate and the applicants were requesting 45
the demolition of this house and outbuildings be delayed whilst their mother continued to live 46
in the 2nd home. Until that time, no construction would occur on Lot 4. Finke stated that staff 47
recommended approval subject to the conditions noted in the report. 48
49
Reid asked if Commissioners had any questions. 50
51
2
No questions were asked. 52
53
Tom Ditter (2032 Holy Name Drive) stated he had nothing to add but is available for 54
questions. He said that it seemed like people did not have concerns with the preliminary plat. 55
56
Reid opened the public hearing at 7:21 p.m. 57
There were no comments. 58
Reid closed the public hearing at 7:22 p.m. 59
60
Galzki noted that while the application was complicated, the request was straightforward. He 61
stated he was in support. 62
63
Piper stated it appeared a lot of thought went into how the plat was laid out and she supported 64
it. 65
66
Motion by Grajczyk, seconded by Piper to recommend approval of the comprehensive plan 67
amendment, rezoning, preliminary plat, and interim use permit subject to the conditions noted 68
in the staff report. 69
70
A roll call vote was performed: 71
Nielsen aye 72
Galzki aye 73
Piper aye 74
Grajcyk aye 75
Couri aye 76
Reid aye 77
78
Motion carries unanimously. 79
80
81
6. Public Hearing – Kayla Brugger – 1345 Elsinore Circle – Conditional Use Permit for 82
Home Occupation (in-home fitness instruction) 83
84
Finke presented the staff report. He stated that the property was zoned Urban Residential and the 85
district allows Home Occupations with limited customer visits as a conditional use. He stated 86
that the applicant proposes no more than 3 clients on any given day and 6-10 clients per week. 87
Finke noted the main question was whether the Planning Commission determined whether this 88
number of clients met the requirement for “limited customer visits.” Finke also noted that the 89
ordinance requires parking areas for the home occupation to be screened from adjacent properties 90
and streets. He stated that staff does not believe it would be possible for any suburban or urban 91
lot to fully screen a parking area, but that the City could require additional screening if the 92
Planning Commission and City Council thought it was necessary. Finke stated that the 93
ordinance described general criteria for all CUPs and specific requirements for Home 94
Occupations. He stated that staff recommended approval of the CUP with the conditions 95
described in the report. 96
97
Kayla Brugger (1345 Elsinore Circle) thanked everyone for their time reviewing the request. She 98
said that she believes it is an important service to offer for the community and she was excited to 99
move ahead. She indicated that the conditions seemed workable. 100
101
Grajcyk asked if the activity would extend outside, such as running through the neighborhood. 102
He stated that this may be of more concern to the neighbors. 103
104
3
Finke replied that the ordinance specifically required all activity of the home occupation to occur 105
within the home and that it could not extend outdoors. 106
107
Piper stated that she would support flexibility to allow for classes with up to three people. She 108
asked how many clients the space could accommodate. 109
110
Brugger stated that she was only planning on doing individual sessions during Covid restrictions. 111
The space may accommodate four or five people, however she was more comfortable with three. 112
113
Nielsen stated that it appears the recommended conditions would allow for classes. Three clients 114
would be permitted in a day, and there was no prohibition against them coming at the same time. 115
116
Piper asked if the applicant was ok with the conditions. 117
118
Brugger responded that she was ok with them. 119
120
Reid opened the Public Hearing at 7:37 p.m. 121
There were no comments. 122
Reid closed the Public Hearing at 7:38 p.m. 123
124
Galzki stated that this is an important service and seems like a good thing to allow, especially 125
with existing Covid restrictions. He stated that he would be open to providing the opportunity to 126
open the garage door on nice days, but that he did not want to push the issue if the applicant was 127
not concerned. 128
129
Nielsen stated that she was comfortable with the proposal however wouldn’t want to exceed three 130
people at a time. 131
132
Reid stated that she was in support with the limitations suggested. 133
134
Motion by Piper, seconded by Nielsen to recommend approval of the conditional use permit 135
subject to the nine conditions noted in the staff report. 136
137
A roll call vote was performed: 138
Nielsen aye 139
Galzki aye 140
Piper aye 141
Grajcyk aye 142
Couri aye 143
Reid aye 144
145
Motion carries unanimously. 146
147
148
7. Public Hearing – Ordinance Amendment – Chapter 8 of the City Code Related to 149
Setback and Other Requirements for Residential Accessory Structures 150
151
Finke summarized the discussion that the Planning Commission previously had in May and 152
July. He displayed a table showing the size of accessory buildings currently allowed by lot 153
size. He stated that any lot is permitted an additional shed up to 120 square feet. He stated 154
that staff had tried to create a sliding scale with a table that would allow the additional sheds 155
to be larger on larger lots. Finke displayed another table showing varying setbacks for 156
different size sheds on varying lot sizes. 157
4
158
Piper asked if the 12 feet in height would allow sufficient roof pitch. 159
160
Finke stated that the height is measured to the mid-point of the roof, not the peak. This 161
should allow for more than 4/12 pitch for a 200 square foot shed with 8’ side walls. If an 162
owner wanted a taller side wall or more pitch, they could always meet the full setback. 163
164
Reid opened the public hearing at 7:50 p.m. 165
166
Eric Voltin (630 Shawnee Woods Road) stated that he supported the amendment. He noted 167
that they had a larger lot and just built a pool. They had existing accessory buildings and 168
were limited to a 120 square foot shed to store things for their pool. They were excited to be 169
able to build a larger shed in addition to their existing buildings. He said that the extra size 170
made sense for larger lots and the setbacks seemed fair. 171
172
Reid closed the public hearing at 7:52 p.m. 173
174
Nielsen stated that she believed this was these tables were exactly what the Commission was 175
describing during their discussion in July. She thanked staff for their efforts to create the 176
tables. 177
178
Grajcyk said the proposed changes seem fair for property owners and should serve well in the 179
future. 180
181
Motion by Nielsen, seconded by Galzki to recommend approval of the ordinance amending 182
chapter 8 of the city code related to setback and other requirements for accessory structures. 183
184
A roll call vote was performed: 185
Nielsen aye 186
Galzki aye 187
Piper aye 188
Grajcyk aye 189
Couri aye 190
Reid aye 191
192
Motion carries unanimously. 193
194
195
8. Approval of the June 9, 2020 Draft Planning Commission Meeting Minutes. 196
197 Motion by Piper, seconded by Nielsen, to approve the June 9, 2020, Planning Commission 198
minutes as presented. Motion carries unanimously. 199
200
9. Council Meeting Schedule 201
202
Grajcyk volunteered to provide an update at the August 18 City Council meeting. 203
204
10. Adjourn 205
206
Motion by Piper, seconded by Nielsen, to adjourn the meeting at 7:59 p.m. Motion carried 207
unanimously. 208