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HomeMy Public PortalAbout08-08-2023 Planning Commission Packet POSTED AT CITY HALL: August 4, 2023 PLANNING COMMISSION AGENDA TUESDAY, AUGUST 8, 2023 7:00 P.M. CITY HALL (2052 County Road 24) 1. Call to Order 2. Changes to Agenda 3. Update from City Council proceedings 4. Representative at next City Council meeting 5. Planning Department Report 6. Public Hearing – Ordinance Amendment – Chapter 8 of the City Code related to Tree Preservation 7. Approval June 13, 2023 Planning Commission Minutes 8. Adjourn Planning Department Update Page 1 of 2 August 2, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: July 27, 2023 MEETING: August 2, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) Preserve of Medina (fka Blooming Meadows) – east of Holy Name Dr, north of CR24 – Tim Boser has requested PUD General Plan and Preliminary Plat approval for a 5-lot rural subdivision. The applicant proposes to restore a large area of wetlands and create a wetland bank in addition to the lots. The Planning Commission held a public hearing at the June 13 meeting and unanimously recommended approval. The Park Commission reviewed on June 21. The City Council reviewed on July 18 and directed staff to draft approval documents, which will be presented on 8/2. B) School Lake Nature Preserve 3rd Addition and PUD Amendment – School Lake Nature Preserve LLC has requested to separate the area of the formal garden from one of the lots within the development. The garden area is proposed as a stand alone outlot. The Planning Commission reviewed at their June 13 meeting and unanimously recommended approval. The Council reviewed on July 5 and directed staff to prepare approval documents, after the applicant has provided updates to the plat. Staff will present the approval docs after the plat is updated. C) Cates Industrial Park – Comprehensive Plan Amendment– Oppidan has requested final plat approval for a 310,000 square foot warehouse/office development east of Willow Drive, north of Chippewa Road. Staff tentatively intends to present to City Council on August 15. D) Grossman Septic Variance – 3082 Highway 55 – Jaymes Grossman has requested a variance for the setback for a septic system from wetlands to replace an existing system. Staff intends to present to Council on August 15. E) 1225 Maplewood Concept Plan – John and Lisa James have requested review of a concept plan for a three-lot subdivision. Staff is conducting preliminary review and will schedule for a public hearing when complete, potentially at the September Planning Commission meeting. F) Meander Park and Boardwalk – Meander Rd, east of Arrowhead Dr – Medina Ventures had requested PUD General Plan and Preliminary Plat approval for a development to include four residential units north of Meander Rd, and commercial uses south of Meander Rd including a venue, restaurant, daycare, and speculative retail space. The City Council granted amended PUD and Final Plat approval at the April 18 meeting. The applicant has indicated that they now do not plan to start construction until the spring of 2024. G) Loram/Scannell Medina Industrial – Loram and Scannell have submitted materials for the City to prepare an EAW for a warehouse/industrial development east of Arrowhead Drive, south of Highway 55, to the south of Loram’s existing facility. The council granted approval of the preliminary plat and site plan review at the February 7 meeting. The Council granted final plat approval on 5/2/2023. Staff will work with the applicant on conditions of approval. The applicant hopes to start construction this summer. H) BAPS Site Plan Review – 1400 Hamel Road – BAPS Minneapolis Medina has requested an amendment to their approved site plan review. The applicant has submitted updated architectural information based on the City’s updated regulations pertaining to architectural MEMORANDUM Planning Department Update Page 2 of 2 August 2, 2023 City Council Meeting elements. The applicant has also proposed minor adjustments to the site layout previously approved. The Council reviewed at the November 9 meeting and recommended approval. The Council approved the amended Site Plan Review at the December 6 meeting. The applicant has indicated that they may potentially begin construction during the fall of 2023. I) 500 Hamel Road Apartment Concept Plan – Medina Apartments LLC has requested review of a concept plan review for development of a 97-unit apartment building at 500 Hamel Rd. The Planning Commission held a public hearing at their August 10 meeting and Council provided comments on August 16. The developer met with neighbors on September 12 and the parties have indicated that they will meet again to discuss the project. J) Hamel Townhomes Final Plat – 342 Hamel Rd – Hamel Townhomes, LLC has requested final plat approval for a 30-unit townhome development. The Council granted final plat approval on August 16. Staff will work with the applicant to finalize documents prior to beginning of construction. K) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition to its building. The application is incomplete for review and will be scheduled for a hearing when complete. L) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Morningside/Maplewood Ravine stabilization and pond – Minnehaha Creek Watershed and the City of Medina have been allocated $244,000 for a project to include a ravine stabilization and pond south of Morningside Road, east of Maplewood Drive. Staff held a kick-off meeting on 7/14 and will request Council authorization to begin preliminary analysis and feasibility at the August 2 meeting. B) Pickleball Noise Analysis – staff has been working to secure a scope and contract for the analysis related to sound at the Hunter Lions Park pickleball courts. C) Wetland Violation/Restoration – staff met with the Technical Evaluation Panel (TEP) related to impacts on a residential property in Medina. A combination of voluntary restoration and purchase of credits at 4x the rate was discussed. D) South Fork Crow River Subwatershed Analysis – I attended a kick-off for a subwatershed analysis being conducted by Elm Creek Watershed. Staff will need to provide substantial information requested by the consultant and will participate in future meetings. E) Zoning Enforcement – the past few weeks have been active with code enforcement complaints. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: July 27, 2023 RE: Police Department Updates Hiring updates. We currently are looking for Community Service Officer Candidates. We have had an open application process for several weeks with zero applications. Community Service Officer (CSO) Wiese is finishing up summer skills and will then take the peace officer test. We gave him a conditional offer for a police officer position several weeks ago which he has accepted. We will continue to try and find CSOs. As for our other opening for police officer the deadline to apply is on 07-28-2023 and as of 07-27-2023 we have no applicants that have applied. I am hoping to see some come in at the deadline. Currently on the state police officer job website there are 186 agencies in the state that have openings for police officers. Of those 186, many are advertising for more than one position. If no applications come in, we will look to try and market our advertisement differently and repost. As you can see from the patrol and investigations updates below, we have been busy with multiple different types of things from civil issues, traffic enforcement, general calls for service, medicals, along with major calls such as burglary in progress, auto theft, criminal sexual conduct, etc. Investigator Myhre has been doing a great job in his role from patrol to investigations. Investigator Myhre has over eight years of experience with the Crystal Police Department before coming to us last year and that experience is invaluable. We are preparing for Nite to Unite next week. If anyone would like to ride along with the police officers or Reserves, feel free to reach out to me so we can get you on the list. Patrol: The following are updates of Patrol Officers between July 12, 2023, and July 24, 2023: Citations – 33 Warnings – 74 PD Accidents – 3 PI Accidents – 4 Medicals – 10 Falls – 0 Suspicious Calls – 9 Traffic Complaints – 4 Other Agency Assists – 10 Business/Residential Alarms - 14 Welfare Checks - 4 Disturbance Calls - 7 On 07/14/2023 officer responded to a business on the 700 block of Tower Drive on a found property report. Person turned in a pistol that was found in the roadway in Orono approximately one year prior. Person advised they had forgot about it until recently that they had it and turned it in. The firearm came back clear (not stolen). Investigations is trying to trace the serial number to locate the owner. On 07/14/2023 at 2234 hours officer was dispatched to a disturbance at Hamel Legion Park on a report of people on the field sitting on lawn chairs drinking after a game. Officer made contact with the individuals and advised of the park hours and that since the game was over, they were in violation of being in the park after hours. Parties dispersed. On 07/16/2023 at 0406 hours officer responded to a vehicle that had just been stolen from a residence in the 3000 block of Basswood Road. A 2020 white Land Rover was stolen from the garage at the residence. Around 0530 the vehicle was located unoccupied in St. Paul. The vehicle was towed back to the Medina Police Department for processing and then released back to the owner. On 07/16/2023 officer responded to a theft from auto report in the 300 block of Lythrum Lane. Victim reported someone entered a vehicle in the driveway overnight and stole several items from inside the vehicle. Incident possibly related to the vehicle theft reported earlier that morning. On 07/16/2023 at 1914 hours officers responded to a reported personal injury accident at the intersection of Highway 55 and Clydesdale Trail. It was determined that a vehicle had a green light and began entering the intersection from southbound Clydesdale Trail when a westbound vehicle ran a red light and stuck the vehicle. That driver was cited for the violation. On 07/18/2023 at 1140 hours officer was dispatched to a car theft report at Hamel Power, 3566 Pinto Drive. Person was reporting their motorcycle was missing from the lot and believed it to be stolen. Upon arrival, the officer made contact with the business owner who said he put the motorcycle inside for safekeeping. Motorcycle owner advised. On 07/18/2023 at 1628 hours officers were called to a customer problem at Dollar Tree. It was reported an employee was let go and that the now ex-employee was being loud, rude, disrupting customers, and refusing to leave. Upon arrival, officers spoke with the employee who said she quit because she felt she was doing more work than her co-workers and they refused to share the workload. The employee was advised she needed to leave since she was no longer an employee and was requested by staff to leave. She was issued a trespass notice as well. On 07/19/2023 at 2010 hours officers were called to a welfare check at Target. Employees reported a male in the store acting strange. Reported to be wearing a tan trench coat and red beanie hat and last seen leaving on foot towards the Holiday. Officers checked the area but were unable to locate the male. On 07/20/2023 officer took several damage to property reports in Loretto in the Ponds Development. Early morning suspects, believed to be juveniles, were seen on videos ringing doorbells, pounding and kicking front doors to residences and even broke a front window of a home. Video footage was obtained from several neighbors of suspects. Case has been forwarded to investigations. On 07/20/2023 officer located a window broken on a residential home under construction along Marsh Point Road. This was the second window broken and both appeared to have rocks thrown at them. The homeowner was contacted and advised. Extra patrols in the area were requested. On 07/24/2023 officer responded to take a bicycle theft report at Holiday. Mother reported her son had reported to her that his bicycle had been stolen from the Subway. The bicycle was later located at Forkless in Maple Plain and was not damaged. The bicycle was returned to the owner. On 07/24/2023 at 2224 hours an interrupted burglary was reported in the 700 block of Lilium Trail. It was reported an unknown male entered the residence uninvited. Homeowner’s daughters were in an upstairs bedroom when an unknown male opened the bedroom door and stepped inside. They did not recognize the male and the male asked for their brother by name. They told him their brother was not there and the male eventually left. The girls then alerted their father who called 911. The area was checked for the suspect. A person matching the description was located in the area but ran off when police attempted to make contact. A search was conducted but the male was not located. The case has been forwarded to investigations. Investigations: Signed complaints for several cases. Received a found gun and followed up with ATF for tracing. Received multiple damage to property cases. Received a car theft. Vehicle was recovered and processed. Received a theft from auto report. Was called in for a criminal sexual conduct case that started in Minneapolis. Received a burglary case, developed a suspect, and followed up with a search warrant. Received a hit and run accident. Investigations currently has 11 open/active cases. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: July 27, 2023 MEETING: August 2, 2023 SUBJECT: Public Works Update Streets • The Clydesdale Trail project is complete and looks great, all will notice a much smoother ride when traveling on it. • I gave a short Townline Road project presentation to Medina, Orono, and Independence residents during our open house at the Orono City Hall on Thursday, July 20. Adam from Orono was present, along with several residents who asked questions, and were all in support of the project. Water/Sewer/Stormwater • The water system is running at near full capacity, the new filter media has really helped us keep up with the summer demand. • A sewer service was repaired in the Cherry Hill development, the repair was right at the sewer main and a sag in the pipe was repaired at the same time. • Once again, we’re required to respond to another Department of Health mandate, this time the City needs to identify all its water services, and prove they are not made of lead. I am very confident that there are no such lead materials in the Medina systems but nevertheless we need to prove ourselves clear of these materials all the way into the houses. • The City has received a complaint from the Bridgewater HOA about our policy not to use treated city water for irrigation in Medina. They claim that running an irrigation system from the ponds is too burdensome for HOA’s. As you all know veering from our current path of irrigation for subdivisions is not feasible for the Medina water system. Parks/Trails • Staff met with a sound expert to obtain a quote for measuring the sound at the pickleball court in Hunter Lions Park. Players seem to be respecting the morning start times. As you know there have been some complaints regarding after hour use at the courts, likely from players that want to finish their games in the evening. We have installed a camera with the intention to log the amount of play time on the courts. MEMORANDUM 2 • There is a lot of activity in the parks. The Legion Park is always bustling with some type of activity. Keeping this all going smoothly has become quite an undertaking and will require more staff in the not-so-distant future. Other • The brush/compost site is nearly full, so it is again time to chip brush and remove compost. The compost contract was in the last packet and is currently being removed. The brush grinding contract is in this packet and the contractor will be able to get to the grinding in late August. • Telltale signs of emerald ash borer are turning up in Medina. Public Works will devise a plan to deal with the anticipated increase of brush expected in the months and years to come. Tree Preservation Page 1 of 7 August 8, 2023 Regulations Planning Commission Meeting TO: Planning Commission FROM: Dusty Finke, Planning Director DATE: August 3, 2023 MEETING: August 8, 2023 Planning Commission SUBJECT: Tree Preservation Regulations Background The City’s Tree Preservation ordinance regulates removal of trees for construction and development activities. The ordinance was adopted in 2006 and has during review of recent land use applications, City Council members and staff discussed reviewing aspects of the tree preservation regulations. Summary of Existing Regulations The current regulations require replacement of trees if more than a certain percentage of the total trees are removed. The allowed amount is based upon the size of the lot, with more removal allowed on smaller lots. The ordinance allows a certain percentage to be removed for “initial site development” (essentially streets and utilities in a development), and a certain amount to be removed for all other activities: Initial Site Development Activities other than Initial Site Development Total property area included in the land use application or served by improvements Allowed percent of Significant Trees that may be removed Lot Size Allowed percent of Significant Trees that may be removed 0.1-1.0 acre 15% 0.1-1.0 acre 20% 1.1-5.0 acres 15% 1.1-5.0 acres 15% 5.1-10.0 acres 10% 5.1-10.0 acres 15% 10.1-20.0 acres 10% 10.1-20.0 acres 10% 20+ acres 10% 20+ acres 5% The table is a bit difficult to translate without context, but in most common developments, total removal allowed without replacement is usually 25%-30%. If removal is in excess of these amounts, replacement is required on an inch:inch basis. A tree with a diameter of 18”, for example, would need to be replaced with six 3” trees or nine 2” trees. Medina’s regulations do not differentiate by land use, which is fairly common in other communities. MEMORANDUM Tree Preservation Page 2 of 7 August 8, 2023 Regulations Planning Commission Meeting The ordinance only applies to “Significant Trees” which are defined as: “a healthy, deciduous Tree, measuring eight (8) inches in Diameter or greater, or a healthy coniferous Tree, measuring four (4) inches or greater in Diameter.” The ordinance allows removal of two significant trees from a parcel per year without a permit, and includes the following exemptions: (a) removal of invasive species of Trees (as defined by the Minnesota Department of Nature Resources) and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas; (b) commercially-zoned properties which follow the zoning-specific requirements; (c) removal of a Tree that has been determined by a Forestry Specialist to be diseased; (d) removal of Trees in connection with an emergency that poses an immediate danger to life or property; (e) removal of Trees that are located in areas in the Three Rivers Park District-managed Morris T. Baker Park and the Department of Natural Resources-managed Wolsfeld Woods Scientific and Natural Areas; (f) removal of Trees that are significantly damaged by storms or natural disasters; or (g) removal of Trees within an existing Conservation Easement which is consistent with an existing private management plan. Comparison to other Communities Staff reviewed tree preservation regulations in other communities as background information. Following is a table summarizing the requirements: Two out of thirteen communities do not have specific tree preservation regulations for all development. Chaska regulates removal only along bluffs/steep slopes. Corcoran does not regulate tree removal in standard zoning, but encourages during consideration of PUDs. Allowed Removal (Residential) Allowed Removal (Commercial)Replacement Notes Medina 25%-30% 25%-30%1 inch: 1 inch Plymouth 50%75%1.25 inch:inch $125/inch Maple Grove 50%70-80%2 inch:1inch Only applies in higher value wooded area Victoria 20%20%1 inch:1 inch replacement limited to 40 trees per acre; Replacement credit for saved woodlands Chanhassen Varies (see below) Varies (see below)Minimum canopy 1 tree = 1089 s.f. canopy (40 trees per acre) Minnetrista 30%30%1 inch: 1 inch Dayton 40%60%1 inch: 1 inch Lake Elmo 30%30%.25-.5 inch : inch .25 for boxelder, cottonwood, ash Eagan 40%48%.5 inch: 1 inch 4" replacmenet trees are tree:tree; softwood are 1/2 replacement Woodbury 30%30%.5 inch: 1 inch Shorewood None None 2-3 trees/tree Limited to 8 trees/acre Chaska Not regulated Not regulated Only Bluff/steep slope removal regulated Corcoran Not regulated Not regulated Preservation encourged through PUD Tree Preservation Page 3 of 7 August 8, 2023 Regulations Planning Commission Meeting Medina’s removal allowance is on the more stringent side of the comparisons. One community has a lower allowed removal percentage, but has a limit on the amount of replacement which can be required (40 trees per acre). Three communities have limitation of 30%, but two of those communities have a lower replacement amount (0.5” per 1”). Maple Grove’s regulations only apply to woodlands identified in their natural resource inventory. Removal of trees scattered through a site or along tree lines would not be regulated. Chanhassen’s regulations (attached for reference) are unique amongst the communities. The regulations account for the “baseline canopy” of a site and different land uses. Their regulations establish a minimum amount of the site which is required to be tree canopy, which is adjusted based on how wooded the site is to begin with, and what land use is planned. A site with few trees, for example, may end up having to plant more trees than a development site which is partially wooded but which preserves trees. Staff believes it may be worth discussing whether Medina’s ordinance should consider existing tree coverage and land use as factors. Recommended Changes Administering the tree preservation ordinance over the past 16 years, staff has identified the following potential changes to be discussed. Add language related to off-site planting or contribution to forest management fund In several developments, the amount of required tree replacement was too high to sustainably and practically plant on a subject site. The City’s practice has been to either allow planting in off-site locations within the City, or to accept a contribution to the City’s forest management/reforestation fund equivalent to the planting. The ordinance does not describe this allowance, so staff recommends that a provision be added to describe this practice. Language can be found on the top of page 8 of the ordinance. Exemption: Trees within public right-of-way or easement by public agency The primary strategy of the tree preservation ordinance is to encourage design which avoids as many trees as possible, not necessarily as a penalty for removing trees. In the case of street expansions and utility projects, the ability for public agencies to avoid trees is limited by the location of existing improvements and easements. As such, staff believes it is reasonable to exempt removal by public agencies. Recommended language can be found on the bottom of page 4 of the ordinance [Subd. 5(h)]. Exemption: Removal for improvements to existing public streets The City often requires construction of turn lanes on existing public streets adjacent to a development. Similar to the rationale for exempting removal by public agencies, staff believes it is reasonable to consider exempting trees which a developer would need to remove along the outside of a development site to add turn lanes to an existing street. It would not likely be practical to design improvements to avoid the trees. Recommended language can be found on the bottom of page 4 of the ordinance [Subd. 5(i)]. Tree Preservation Page 4 of 7 August 8, 2023 Regulations Planning Commission Meeting Planted Trees The existing regulations references “credit for previously planted trees” [see Subd. 9(c)(vi)]. The current language suggests that previously planted trees can be considered as replacement trees if replacement is required in a project. The thought behind this type of provision is so there is not a disincentive for property owners planting trees in the years and decades prior to development or a construction project. Staff believes it may be reasonable and more straight-forward to exempt trees planted by the owner from consideration on the front end, rather than counting as replacement on the back end. Staff has suggested this language at the bottom of page 7, top of page 8. Replacement for Old Growth Forest The current Tree Preservation ordinance states that replacement for trees removed from an Old Growth Forest Remnant is required to be on a 2 inch:1inch basis. The ordinance notes that Old Growth Forest Remnants are identified within the City’s natural resource inventory. The City’s 2008 Inventory did not identify any Old Growth Remnants. One of the communities which was surveyed for comparison (Victoria) requires 2:1 replacement for “heritage trees,” so there is one example of a community which has a multiplier for replacement. In their case it is for older, larger trees. If, in the future, any woodlands in the City evolve to the point where they could be classified as Old Growth, staff believes other tools would be more effective to preserve these areas rather than relying on the tree preservation ordinance. Examples include land planning, acquisition, or requiring dedication of the land as park dedication. Staff has some concern about requiring a multiplier in terms of replacement. Staff has suggested language to remove this multiplier [See Subd. 9(c)(i) on page 7] Remove Ash Trees from Allowed Species With the emergence of Emerald Ash Borer (EAB) in the area, staff recommends removing ash trees from the list of allowed replacements. The ordinance does require diversification for replacement trees (no more than 25% of one species), which is best practice to limit impacts from future tree diseases and infestations. Discussion Items Staff has identified several topics for additional discussion but wanted to allow Planning Commission and Council to discuss prior to suggesting any specific language. PUD as incentive for preservation The Planned Unit Development (PUD) ordinance identifies the following as one of the purposes of the City considering a PUD: “The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion.” Staff believes this language is sufficient for the City to provide flexibility for a developer to design a site to Tree Preservation Page 5 of 7 August 8, 2023 Regulations Planning Commission Meeting preserve wooded areas. Because the City has the discretion in determining whether to approve a PUD, the Planning Commission and Council will need to balance the tree preservation goals against other interests which may be raised by residents (minimum lot size, unit count, type of dwelling, etc.). The PUD can be a good tool, but the developer would need to realize sufficient value from the flexibility granted to make the project more desirable for them as well. Density Bonuses/Transfer of Development Rights Maple Grove’s ordinance includes language which allow a property owner to transfer development rights from wooded acreage to other sites and allows the City to grant density bonuses for preserving wooded areas. The PUD process provides some ability to “transfer” density from one portion of a site to another, at the discretion of the City. Density would need to be consistent with the Comprehensive Plan, which does allow +20% density “for developments that protect the natural features or exceed other standards of the zoning district.” Staff believes it is fair to interpret that the existing PUD ordinance would allow this +20% density at the discretion of the City for woodland preservation. If the Planning Commission and City Council wanted to emphasize this incentive, it may be advisable to add the language more explicitly in either the Tree Preservation ordinance or the PUD ordinance. While the PUD ordinance would certainly allow flexibility in lot size and layout to shift the location of buildings within a development site, the City does not explicitly address transfer of development rights BETWEEN sites. Such transfers are often suggested conceptually in studies as a tool to preserve desirable features, but are not widely utilized. Transfers may be challenging to administer and track over time. Maple Grove has had this option in their regulations for a number of decades of extensive development, and was utilized only a few times. Density bonuses were utilized much more often. The City likely could regulate a transfer of development rights through a PUD process (even for non-contiguous sites) if the opportunity ever presented itself. However, the likelihood is much lower if the option is not explicitly described in code. Staff seeks feedback on whether bonus density language should be emphasized in code, or if transfer of development rights language should be added. Standards by Land Use The City’s current removal allowances are based on lot size, irrespective of planned land use. Several communities which were reviewed by staff established different regulations for allowed removal based on land use. Staff believes it may be advisable to consider regulations by land use. The Uptown Hamel district, for example, is intended to allow a more “urban” or “downtown” style of development, has a lot of smaller lots and allows 90% coverage by buildings and parking. It likely is difficult to develop in this style while also preserving trees. Most sites do not have stands of trees to preserve, but they are instead scattered through the site. Staff believes it is appropriate to address this in the tree preservation ordinance. In the past, the City has accounted for land use differences through the “waiver” procedures which are described within the existing regulations. The waiver procedure is described on the Tree Preservation Page 6 of 7 August 8, 2023 Regulations Planning Commission Meeting bottom of page 5. The City has granted waivers in the case of land planned for more intensive uses, provided the applicant made efforts to preserve trees. The City Attorney recommends that, to the extent possible, the City should try to specify expectations for removal within the ordinance, rather than commonly relying on waivers to address such instances. Park Dedication credit The City can require 10% of buildable land from any subdivision to be dedicated to the City for Parks, Trails, and Open Space. This provides a fairly powerful tool to preserve the highest priority wooded areas. Requiring dedication of wooded areas would compete with requiring dedication of lands for active recreation (parks/trails) or obtaining cash-in-lieu of dedication. The City would also then obtain property rights over the wooded area. Several communities note that the City would provide some credit toward park dedication requirements of wooded areas are preserved within a development site. Staff believes there may be an opportunity to provide credit for preserved woodland areas. If such lands were preserved, but not open to the public, partial park dedication credit could be considered. Staff seeks feedback on whether Planning Commission, Park Commission, and City Council are supportive of adding language related to this option. Softwood removal/replacement Several communities required a lower replacement amount for softwood trees such as box elder, cottonwood, and ash. The City’s current regulations include a provision that can exempt “removal of invasive species of Trees (as defined by the Minnesota Department of Nature Resources) and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas.” Staff believe the original intent of this provision was for cases of tree/forest management, not as an exemption for removal of such trees during development. Nonetheless, relying on this language and the allowance of the waiver provision of the code, the City has reduced replacement requirements in several cases for lower quality trees such as cottonwood and box elder. If that is to be the practice, staff would recommend formalizing either the exemption or reduction in replacement for such trees. Allowed Removal As noted above, Medina is one of the more stringent communities with regard to tree removal allowances. Medina is also unique in how removal for “initial site development” is accounted for separately from “other activities.” For commercial or multi-family sites which do not have public streets, this two-part approach can actually result in a more restrictive allowance because a project may need to remove more trees for a larger building/parking footprint rather than for streets. Tree Preservation Page 7 of 7 August 8, 2023 Regulations Planning Commission Meeting Potential Action Staff recommends that the Planning Commission discuss the proposed changes and the discussion items above and provide feedback. Amendments to the ordinance are not time- sensitive, so if Commissioners request additional information or changes, staff can present at a future meeting. Staff also intends to request feedback from Park Commission and City Council before finalizing the ordinance. Attachments 1. Ordinance 2. Chanhassen regulations Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE PERTAINING TO TREE PRESERVATION AND REPLACEMENT The City Council of the City of Medina ordains as follows: SECTION I. Section 828.41 of the code of ordinances of the City of Medina is amended by adding the underlined language and deleting the struck through language as follows: Section 828.41. Tree Preservation and Replacement. Subd. 1. Purpose. The purpose of this ordinance is to promote, within the city, development that retains Medina’s rural character, in which the natural environment is the dominant feature. Trees and landscaping are a major component of the natural environment, and the city recognizes that preservation and replanting of trees is important in order to maintain a healthy and desirable community. The city further recognizes that a certain amount of tree loss is an inevitable consequence of the development process, but that the reforestation of this valuable renewable resource will ultimately provide a long- term environmental and economic benefit. Subd. 2. Function. The function of this ordinance includes but is not limited to: (a) improving air quality; (b) reducing noise pollution; (c) improving water quality; (d) preventing of soil erosion; (e) conserving energy by providing natural insulation and shading; (f) reducing the urban heat island effect; (g) increasing property values by establishing tree buffers that provide privacy protection between conflicting land uses; (h) providing habitat for wildlife, including birds that help control insects; (i) enhancing the city’s physical and aesthetic environment; and (j) enhancing the quality of life and the general welfare of residents. Subd. 3. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: (a) “Best Management Practices” (“BMP”) are the Erosion and sediment control practices as well as conservation or Low Impact Development principles related to Tree preservation and removal, that are the most effective and practicable for controlling, preventing and minimizing negative impacts on existing Trees, minimizing soil exposure and protecting tracts of Woodland and Old Growth Forest Remnants. (b) “Crown Cover” is the protective canopy created by the overlapping leafy heads of Ordinance No. ### 2 DATE Trees that shelters the habitat beneath it. (c) “Development Site” is the surveyed parcel, or site, including those improvements that occur on-site or adjacent to the Development Site or spoil site locations. A Development Site includes both the Primary and Secondary Construction Zones. (d) “Diameter” is the width of a Tree’s trunk, measured at four (4) feet above the ground. (e) “Dripline” is the farthest distance away from the trunk of a Tree that rain, or dew, will fall directly to the ground from the leaves or branches of the Tree to the roots. (f) “Forestry Specialist” is a person certified in urban forestry functions and management, who has been retained by the city, or an applicant. (g) “Initial Site Development” is the grading and construction of streets, trails, and sidewalks; the installation of utilities, including water, sanitary sewer, storm sewer, natural gas, electric, and cable television; or the grading and construction of drainage ways and storm detention areas. (h) “Lost Trees” are Significant Trees in areas to be preserved but that die as a result of construction or Development Site improvement activities and must be replaced at the same ratio as Significant Trees. Such Trees shall be considered Lost Trees when they die as a result of: (i) grade change or land alteration, whether temporary or permanent, of greater than one (1) foot, measured vertically and affecting forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree); (ii) secondary construction activities that result cutting forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree); (iii) mechanical injury to the trunk of a Significant Tree, causing the loss of thirty (30) percent, or more, of the bark at a specific part of the Tree; or (iv) compaction to ninety (90) percent of a depth of six (6) inches, or more, of forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree). (i) “Low Impact Development” or “LID” means multi-functional site design, streetscapes and architecture that maintains and restores vital terrestrial ecological processes necessary to protect the ecological integrity of the land. (j) “Natural Resources Inventory” is a document developed by the city that denotes where regionally significant natural resources are located within the city. Ordinance No. ### 3 DATE (k) “Principal Structure” means any building or structure on the property in which the main use of the property takes place. (l) “Private Road” means a privately owned (or controlled) and maintained drive, street, road, lane, or any improved or unimproved surface, not dedicated to a governmental entity as a public road, which provides the primary means of vehicular ingress and egress from a public road to two or more dwelling units, lots, parcels or principal buildings, whether created by a private right-of way, easement, or other device. (m) “Old Growth Forest Remnant” is a natural forest remnant that is one acre or greater, that has developed over a long period of time, generally around 100 years, with young, middle-aged and old Trees present. It is dominated by shade tolerant species, such as sugar maple and basswood. All Old Growth Forest Remnants are identified in the city’s current Natural Resource Inventory or in the current Natural Areas and Community ID Numbers map which are available at city hall. (n) “Replacement Trees” are Trees that replace removed Significant Trees. (o) “Significant Tree” is a healthy, deciduous Tree, measuring eight (8) inches in Diameter or greater, or a healthy coniferous Tree, measuring four (4) inches or greater in Diameter. (p) “Subdivision” means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: (1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (2) creating cemetery lots; (3) resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. (q) “Tree” is a woody plant, which at maturity, is thirteen (13) feet or greater in height and that has a more or less defined crown. (r) “Tree Preservation and Replacement Plan” is a certified survey, which shows the location and species of all Trees to be preserved, removed, or disturbed, and the location of Replacement Trees within the site. (s) “WCA” means the “Wetland Conservation Act,” Minnesota Statutes Sections 103G.222-.2373. (t) “Woodland” is a group of Significant Trees and understory plants that are one (1) acre or greater in size and non-species specific, with a Crown Cover of fifty (50) percent or greater. Old Growth Forest Remnants are a species-specific type of Woodland. Ordinance No. ### 4 DATE Subd. 4. Applicability. This ordinance shall apply to any of the following circumstances: (a) removal of more than two (2) Significant Trees on any property, developed or undeveloped, within a given calendar year, except as exempted by subdivision 5 of this section. (b) any formal land use application to the city that is to be zoned residential, including, but not limited to, Subdivisions, minor Subdivisions, site plans, rezoning and conditional use permits; (c) site improvements requiring a building, grading, driveway, sign or WCA permit; or (d) redevelopment of a legal non-conforming Principal Structure. Subd. 5. Exemptions. The following activities are exempt from the requirements of this ordinance: (a) removal of invasive species of Trees (as defined by the Minnesota Department of Nature Resources) and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas; (b) commercially-zoned properties which follow the zoning-specific requirements; (c) removal of a Tree that has been determined by a Forestry Specialist to be diseased; (d) removal of Trees in connection with an emergency that poses an immediate danger to life or property; (e) removal of Trees that are located in areas in the Three Rivers Park District-managed Morris T. Baker Park and the Department of Natural Resources-managed Wolsfeld Woods Scientific and Natural Areas; (f) removal of Trees that are significantly damaged by storms or natural disasters; or (g) removal of Trees within an existing Conservation Easement which is consistent with an existing private management plan. (h) Removal of Trees by a public agency upon public land, right-of-way, or easement for the installation of public improvements. (g)(i) Removal of Trees related to improvements to existing public roadways adjacent to a development site or extension of utilities to a development site which are required by the City as a condition of land use application approval. Formatted: List Paragraph, No bullets or numbering,Widow/Orphan control Formatted: List Paragraph, No bullets or numbering,Widow/Orphan control Ordinance No. ### 5 DATE Subd. 6. Allowed Tree Removal. (a) The following amount of Significant Trees may be removed from a site and replacement shall not be required. Initial Site Development Activities other than Initial Site Development Total property area included in the land use application or served by improvements Allowed percent of Significant Trees that may be removed Lot Size Allowed percent of Significant Trees that may be removed 0.1-1.0 acre 15% 0.1-1.0 acre 20% 1.1-5.0 acres 15% 1.1-5.0 acres 15% 5.1-10.0 acres 10% 5.1-10.0 acres 15% 10.1-20.0 acres 10% 10.1-20.0 acres 10% 20+ acres 10% 20+ acres 5% (b) For activities that include the Subdivision of property or dedication of public or private right-of-way, the allowed number of Significant Trees that may be removed for Initial Site Development shall be based on the lot size prior to Subdivision. After the property is subdivided, the allowed number of Significant Trees that may be removed shall be based on the individual lot sizes within the Subdivision. Subd. 7. Waiver. A waiver, of the number of Trees required to be replaced, may be granted by the city council, in its full and absolute discretion, on a case-by-case basis for circumstances where the applicant has exhausted all reasonable design options for the Development Site. An applicant shall be eligible for a waiver only if he or she implements all Best Management Practices listed in Subdivision 8 of this ordinance. Waivers associated with a land use application shall be considered by the city council at time of the review of the application and shall not be considered after this review is approved. Subd. 8. Standards Governing Tree Preservation, Protection and Planting. The following Best Management Practices shall be used for those Development Sites that utilize conservation easements that protect Old Growth Forest Remnants or Development Sites that are requesting waivers from certain requirements of this section: (a) Realignment of proposed streets and utilities in order to avoid Tree removal; (b) Reduction of required street width and increase of street grade up to an eight (8) percent slope by the city when the applicant can demonstrate that these changes result in Tree preservation; (c) The use of Private Roads in lieu of public streets; Ordinance No. ### 6 DATE (d) Variation in street radius and speed design; (e) Modified grading plans; (f) Flexible lot lines; (g) Alternative utility configurations, such as the use of ejector pumps, force mains, or revised home elevations to minimize grading; (h) The use of flexible development standards, such as clustering of homes, in order to preserve Old Growth Forest Remnants, Significant Trees and open space; (i) The preservation of unique and rare Tree species or communities identified in the Natural Resource Inventory; and (j) The use of Low Impact Development principles. Subd. 9. Tree Preservation and Replacement Requirements. For all activities that are subject to this section, a Tree Preservation Plan must be submitted by the applicant for review and approval by the city. To the extend possible, Significant Trees and Trees located within Old Growth Forest Remnants, Woodlands and natural habitat areas shall be preserved. The Tree Preservation Plan shall include the following information: (a) Tree Inventory. The Tree inventory shall identify Significant Trees on the property. It shall include: (i) The location of and a list of all Significant Trees by species. In cases involving large stands of Trees, an applicant may, with city staff review and consent, show the area on the site plan and use a representative sample in order to calculate the number and species of Significant Trees. (ii) Significant Trees that are proposed to be removed. They shall be marked with an “X” on the site plan. The Diameter of each removed Significant Tree, in inches, shall also be noted. (iii) Identification of areas within Old Growth Remnant Forests, as defined by the Natural Resources Inventory. If an applicant wishes to adjust the area based on fieldwork, city staff must review and approve of any adjustment. (iv) A list of any ecologically unique and/or significant areas on the Development Site that are identified in the Natural Resources Inventory report. (b) Identification of the locations of any protective fencing and any other measures that will be taken to preserve the Trees. Protective fencing must be placed at least one Ordinance No. ### 7 DATE foot beyond the Dripline of all Trees to be preserved. Any Trees lost as a result of construction activity will be counted when determining the amount of Trees that were removed, which may cause additional Replacement Trees to be required. (c) Tree Replacement Plan. If the proposed removal of Significant Trees exceeds that allowed by subdivision 6 of this section, Tree Replacement will be required and a Tree Replacement Plan will need to be submitted to the city for review and approval by the city council. The Tree Replacement Plan shall be certified by a Forestry Specialist. It shall contain the following information for each Replacement Tree. (i) Number and Size of Trees to be Replaced. For Significant Trees located within an Old Growth Forest Remnant or other significant area identified by the Natural Resources Inventory, a Tree Replacement ratio of a Diameter of two (2) caliper inches per one (1) inch of removed Significant Trees and Lost Trees is required. For all other areas containing Significant Trees, a Tree Replacement ratio of a Diameter of one (1) caliper inch per one (1) inch of removed Significant Trees and Lost Trees is required. (ii) Type of Replacement Trees. All Replacement Trees shall be native trees as defined by subdivision 10 of this section. All Replacement Trees shall be appropriate for the soil conditions found at the planting site. All Replacement Trees shall be from certified nursery stock and shall not be bare root stock. If more than twelve (12) Replacement Trees are required on a Development Site, there shall be no more than twenty-five (25) percent of the same species. (iii) Minimum Size of Replacement Trees. All deciduous Replacement Trees shall be a Diameter of at least two (2) caliper inches in size. All coniferous Replacement Trees shall be at least four (4) feet in height. (iv) Placement of the Replacement Trees. All Replacement Trees shall be planted within the Development Site, in a non-patterned arrangement, duplicating natural conditions whenever possible. Replacement Trees may be planted in an alternative location if that location is approved by the city council. (v) Survival of Replacement Trees. All Replacement Trees must survive for at least two growing seasons from the date of planting before the city will refund the financial guarantee required by subdivision 13 of this section. In the event that a Replacement Tree dies or has severely declined (25% of crown has died) before the two growing seasons have passed, it shall be replaced with a Tree of the same caliper inch size. The new Tree must survive for two growing seasons from the date of its planting before the city will refund the financial guarantee. (vi) Credit for Previously Planted Trees. Trees which have been previously planted Ordinance No. ### 8 DATE by a property owner shall be exempt from the Replacement requirements of this section. Such Trees shall be excluded from the total number of Trees when calculating the allowed Removal and Replacement requirements. An applicant may, if they have previously planted Trees on the property while the property was under their ownership, receive credit for these Trees as part of the Replacement Plan. The Trees must meet the requirements of Replacement Trees stated above. The applicant must produce proof, acceptable to the city, that the planting of the trees occurred under the applicant’s ownership of the property. Credit for each previously planted Tree shall be granted based on the minimum size Replacement Tree allowed under this ordinance, unless the applicant is able to provide proof as to the size of the Tree at the time of planting. (d) Off-site Replacement; Contribution to City Environmental Fund. If required Tree Replacement is not practicable on the subject site because, in the City’s discretion, insufficient space exists to plant the Replacement Trees, an applicant may propose to plant in other locations in the City. Alternatively, an applicant may contribute an amount described in the City’s fee schedule to the City’s Environmental Fund for the purpose of forest management. The contribution shall be based upon the estimated cost equivalent to planting the required amount of Replacement Trees. (e) Amendments. A Tree Preservation or Replacement Plan may need to be amended after it has been approved by the city council. Requests for amendments shall be submitted to the Zoning Administrator prior to the issuance of the Tree Replacement permit. The city’s Zoning Administrator shall have the authority to approve minor amendments. Request for amendments after the Tree Replacement Permit has been issued shall be considered by the City Council. Subd. 10. Native Trees. The following is the list of Trees that are native to Minnesota for purposes of this section as specified by the Minnesota Department of Natural Resources’ “Field Guide to the Native Plant Communities of Minnesota, the Eastern Broadleaf Forest Province.”: (a) Ash, Black (Fraxinus nigra) RESERVED (b) Ash, Green (Fraxinus Pennsylvanica) RESERVED (c) Ash, White (Fraxinus Americana) RESERVED (d) Aspen, bigtooth (also called largetooth aspen, poplar, popple)(Populus grandidentata); (e) Aspen, quaking (also called trembling aspen, poplar, popple)(Populus tremuloides); (f) Basswood, American (Tilia Americana); (g) Birch, paper (Betula papyrifera); (h) Birch, river (Betula nigra); (i) Birch, yellow (Betula alleghaniensis); (j) Butternut (Juglans cinerea); (k) Cedar, northern white (Thuja occidentalis); Ordinance No. ### 9 DATE (l) Cherry, black (Prunus serotina); (m) Cherry pin (Prunus pensylvanica); (n) Elm, American (only Dutch Elm Disease resistant cultivars) (Ulmus Americana); (o) Fir, balsam (Abies balsamea); (p) Hackberry (Celtis occidentalis); (q) Hophornbeam, eastern (also called ironwood) (Ostrya virginiana); (r) Hickory, bitternut (Carya cordiformis); (s) Hickory, shagbark (Carya ovata); (t) Honeylocust (Gleditsia triacanthos); (u) Hornbeam, American (also called blue beech)(Carpinus caroliniana); (v) Maple, black (Acer nigrum); (w) Maple, red (Acer rubrum); (x) Maple, silver (Acer saccharinum); (y) Maple, sugar (Acer saccharum); (z) Mulberry, red (Morus rubra); (aa) Oak, black (Quercus velutina); (bb) Oak, bur (Quercus macrocarpa); (cc) Oak, northern red (Quercus rubra); (dd) Oak, northern pin (also called Hill oak)(Quercus ellipsoidalis); (ee) Oak, swamp white (Quercus bicolor); (ff) Oak, white (Quercus alba); (gg) Pine, eastern white (Pinus strobes); (hh) Pine, jack (Pinus banksiana); (ii) Pine, red (also called Norway pine)(Pinus resinosa); (jj) Spruce, black (Picea mariana); (kk) Spruce, white (Picea glauca); (ll) Tamarack (also called eastern or American larch) (Larix laricina); and (mm) Walnut, black (Juglans nigra). (nn) Willow, Black (Salix nigra) (oo) Willow, Peachleaf (Salix amygdaloides) (pp) Willow, Heartleaf (Salix eriocephala) Subd. 11. Permit Required. Any activity regulated by this section shall require the applicant to obtain a Tree Preservation permit from the city. The application shall include a Tree Preservation and Replacement Plan (if required) for the Development Site. The application shall also include payment of a permit fee which shall be set by ordinance by the city council from time to time. Subd. 12. Financial Guarantee for Tree Replacement. In the event that Tree Replacement is required, the applicant shall submit a financial guarantee, in a form acceptable to the city at the time of obtaining the Tree Replacement Permit. The financial guarantee must be for at least two growing seasons in order to ensure both the planting and the survival of the Replacement Trees. If no Replacement Trees are required, the City may require a financial guarantee that will ensure that in the event that any existing Significant Trees are damaged or killed at time of development, they will be Ordinance No. ### 10 DATE replaced by Replacement Trees. No financial guarantee shall be required when there are no Significant Trees on the property. Subd. 13. Violations. It shall be a violation of this section for any person, firm or corporation, to destroy the number of Significant Trees beyond the limits established by this section. The Zoning Administrator shall determine non-compliance with this section, subject to review by the city council. The destruction or partial destruction of any Significant Trees in violation of this section shall be considered a violation and may result in revocation of the Tree Replacement permit or an action against the financial guarantees. Subd. 14. Penalties. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Such penalty may be imposed in addition to an action against the financial securities, suspension or revocation of the Tree Replacement permit. SECTION IV. This ordinance shall become effective upon its adoption and publication. 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Call to Order: Chairperson Rhem called the meeting to order at 7:00 p.m. 6 7 Present: Planning Commissioners Adeel Ahmed, John Jacob, Beth Nielsen, Cindy Piper, 8 Matt Plec, Justin Popp, and Braden Rhem. 9 10 Absent: None. 11 12 Also Present: City Planning Director Dusty Finke and City Planner Deb Dion 13 14 2. Changes to Agenda 15 16 No comments made. 17 18 3. Update from City Council Proceedings 19 20 Albers provided an update on recent Council actions. 21 22 Popp asked if the road funding would be equally split between the two cities. 23 24 Albers confirmed that the cost would be split between Medina and Corcoran. 25 26 Finke stated that the funding gap was split 50/50 between the two cities. He commented on 27 the funds Corcoran had collected from development, along with grants and additional outside 28 funding, noting that the remainder was split equally between the two cities. 29 30 Popp asked if the headcount is increasing in the budget increases for the Police, or whether 31 the increases in the budget are due to salary increases. 32 33 Albers replied that there was an approval in the last budget to add additional officers but there 34 has been a struggle with staffing therefore they are attempting to work through that in salary 35 as well. 36 37 Jacob asked if the City has plans to alert citizens to the increase in Emerald Ash Borer (EAB) 38 as he has noticed the bugs on his tree. 39 40 Albers noted that there are some beetles that look like EAB and is unsure if there are 41 confirmed reports of EAB in Medina. 42 43 Finke replied that there may have been a confirmed case in Medina but was not certain. 44 45 Jacob stated that perhaps educational information could be distributed to residents on EAB. 46 47 Albers agreed that perhaps there could be an article in the next newsletter. 48 49 4. Representative at Next City Council Meeting 50 51 2 Finke advised that the Council will be meeting the following Tuesday and Rhem volunteered 52 to attend in representation of the Commission. 53 54 5. Planning Department Report 55 56 Finke provided an update. 57 58 Popp asked if the BAPS project had begun. 59 60 Finke replied that is anticipated to begin this fall. 61 62 6. Public Hearing – Preserve of Medina – East of Holy Name Dr, North of 63 Lakeview Road – Planned Unit Development (PUD) General Plan and 64 Preliminary Plat for 5 Lot Rural Subdivision 65 66 Finke stated that the Commission previously reviewed a concept plan for this rural five lot 67 subdivision. He stated that the site is approximately 73 acres, 50 of which would be 68 buildable, and is zoned rural residential. He noted that a PUD would allow flexibility of the 69 zoning standards in return for accomplishment of other desired City goals and/or amenities. 70 He reviewed the adjacent land uses and displayed the proposed site plan. He noted that two 71 lots would share a driveway while the other three lots would share a driveway with a plan to 72 restore wetlands in the center of the site. He stated that the wetland creation/restoration 73 would create a wetland bank. He noted that the PUD would allow flexibility in the 74 arrangement of the lots around the wetland area. He noted that a standard rural residential 75 layout was also provided by the applicant, showing that five lots could be created under 76 standard zoning therefore the applicant is not proposing higher density than would be 77 allowed. He noted that the wetlands would be placed into an outlot and deeded to the City. 78 A portion of the proceeds from the sale of the wetland credits would be placed into a fund to 79 use for ongoing maintenance. He stated that the applicant proposes to work with Gordon 80 James as a home builder and example homes information was provided in the packet. He 81 provided details on the primary and alternate septic sites for each of the lots noting that the 82 sites for the northern lots were provided on the upland area on the other side of the wetlands. 83 He noted that those systems could practically be built if necessary and they have discussed 84 type four pretreatment systems for those lots as those could be located south of the wetlands. 85 He noted that those plans have been reviewed by the Building Official. He noted that some 86 alterations may be needed to the drain tile in order to create the wetland buffer area and that 87 would be monitored to ensure proper drainage. He provided additional details on the 88 driveway plans and noted that staff will provide this presentation to the Park Commission the 89 following week, noting the recommended trail connection to Holy Name to the east. He 90 reviewed the flexibility requested under the PUD mainly related to lot size, and potentially lot 91 width and/or depth as they work out the boundary of the wetlands, as well as the animal 92 structure setback, and accessory dwelling units (ADU). 93 94 Nielsen noted that 1.2 acres is proposed for lot five and asked if there is a reason to not add 95 additional property to that lot rather than include the land in the outlot. 96 97 Finke replied that there are portions of the site that lend themselves more easily to the 98 wetland restoration more easily and the area around that property is where a large amount of 99 the wetlands are being created. 100 101 Nielsen asked if the wetlands could be on the private property owner’s land. 102 103 3 Finke replied that the Corps of Engineers pushed hard to have the created wetlands outside of 104 private property in order to improve long term enforcement of violations into the buffer areas. 105 He stated that it was a high priority to have the created wetlands in an outlot. 106 107 Ahmed asked and received confirmation that there are five home sites proposed on the 108 property and asked for details on Outlot A. 109 110 Finke replied that Outlot A would encompass the wetlands being restored and created, along 111 with the buffers. 112 113 Jacob asked how the wetland bank would be administered. 114 115 Finke replied that the bank would need to be registered with the Board of Water and Soil 116 Resources (BWSR) and all transactions would go through that entity. 117 118 Jacob asked if the ADUs and animal structures could be overridden by HOA regulations. 119 120 Finke replied that could be presumable but many times those restrictions are put in by the 121 developer and because the developer is requesting that flexibility it would suggest that there 122 will not be such restrictions. 123 124 Jacob noted about a ten-foot difference between the lowland and highland and asked if there 125 would be any chance a lot could be increased in elevation beyond that. He noted the nearby 126 residents in Plymouth could be impacted if elevations are raised significantly. 127 128 Finke stated that there has not been mention of that but that could be answered by the 129 applicant. 130 131 Popp commented that four of the five lots do not meet the contiguous soils requirement as 132 proposed and asked how many of the lots would meet the requirement if the wetland 133 restoration and placement into Outlot A were not done. 134 135 Finke replied that the base density plan showed that it would be possible to layout five lots 136 with contiguous suitable soils before the creation of the wetlands. 137 138 Popp asked the perspective or reasoning why the current ADU is limited in nature. 139 140 Finke replied that the limitations for ADUs was to make it clearly accessory to a primary 141 home. He noted that the 2,500 square feet as proposed would be above grade and stated that 142 the applicant could provide additional clarification on whether that square footage would 143 include a walkout level or whether there would be plans for a basement in addition to the 144 above grade area. 145 146 Nielsen stated that she would prefer for an ADU to follow the conditional use permit (CUP) 147 process and asked why the City would want to take control of that through administrative 148 review. 149 150 Finke replied that the review criteria and conditions are fairly administrative and there is not a 151 lot of discretion. He acknowledged that additional conditions could be added through a CUP, 152 but the criteria are generally yes or no for an ADU. 153 154 Nielsen referenced lot A which has 1.2 acres of buildable area and asked if an ADU could be 155 placed on that lot as proposed. 156 4 157 Finke clarified that the lot would be 3.5 acres with 1.2 acres of suitable soil. He confirmed 158 that if approved as presented an ADU could be allowed, even if that were to follow the 159 typical CUP process. 160 161 Nielsen asked if sewer and water were to come from the north in the future, could those lots 162 be subdivided. 163 164 Finke replied that would be subject to the City’s land use and zoning regulations which would 165 require the reguiding of the property for sewer and water, low density. He stated that 166 practically, given the value that will be invested to develop these lots as rural residential, it 167 would be extremely unlikely that redevelopment would be proposed in the following decades. 168 He stated that a rural development, or PUD as proposed, would make sewer and water much 169 less likely. 170 171 Rhem invited the applicant to speak. 172 173 Tim Boser, applicant, stated that they are working with Stantek on the wetland restoration 174 project as that firm has experience in that area. He anticipated a three-to-five-year process. 175 He explained that they are not 100 percent certain where the wetland buffer will ultimately 176 fall which is why they are asking for flexibility on the lot size/width. He stated that Stantek is 177 fairly confident in the line placement, but that would be finalized later this summer/fall and 178 would be certified through final plat. He stated that while they are hoping to move forward 179 with the final plat for the homes later this year, the wetland process would take longer. He 180 noted that once that is completed, in about five years, the land would be dedicated to the City 181 or Watershed District. He noted that they would also fund the maintenance for the next ten 182 years. 183 184 Nielsen asked the if the applicant agrees to the conditions recommended by staff. 185 186 Boser replied that generally yes, but they would like to get to 2,500 square feet for the ADU. 187 He explained that they are thinking more of a pool house/guest house rather than a traditional 188 ADU. He stated that they are comfortable with a total square footage of 2,500, explaining 189 that they are not thinking of 2,500 in addition to a basement. 190 191 Jacob asked if there is anticipation of a change in elevation for the lots. 192 193 Mark Gronberg, project engineer, commented that the homes would need to be two feet 194 above the low water elevation and therefore there would be fill on some lots to meet that 195 requirement. 196 197 Jacob asked the anticipated change in elevation. 198 199 Gronberg replied that those units would most likely be walkout and anticipated six to seven 200 feet. 201 202 Popp referenced the animal structure setback and asked if 150 feet on the eastern side would 203 be amenable to ensure proper setback from the Plymouth properties. 204 205 Boser referenced lot three and the distance between Outlot A, which is a bit narrow and could 206 force an animal setback further south therefore the flexibility was requested for that area. He 207 stated that the boundary between the properties and Plymouth is heavily wooded and 208 therefore it would be unlikely that the Plymouth lots could see into these lots. 209 5 210 Rhem opened the public hearing at 7:41 p.m. 211 212 Suzie Sween commented that she lives directly adjacent to the property and believes that this 213 is a wonderful plan. She hoped that the City would support this plan. She noted an area near 214 the tennis courts and developed stormwater ponds and stated that the ponds have not been 215 maintained. She stated that there is spillover on the property that impacts the properties in 216 that area. She believed that should be addressed between the cities, although separate from 217 this development. She commented that she would agree with the alignment of the driveways 218 as proposed or changing the alignment to match Lakeview. She asked that there be some 219 type of buffer for the road/driveway which could be done through a berm or trees. 220 221 Brenda Boyam, 2582 Holy Name Drive, commented that she also supports the plan noting 222 that it was refreshing to see that there are only five homes proposed. She advocated for the 223 wetland restoration and would prefer that to the option mentioned by the Commission to have 224 increased lot sizes in lieu of the wetland creation. She stated that she values wetlands and 225 likes that there would be long-term oversight of the management of the wetlands. 226 227 Tom Medcalf, 2165 Holy Name Drive, asked if there could be more description of the 228 wetlands in terms of surface water, marsh and the amount of soil that would be moved. He 229 asked how the work would impact the area under construction and whether there would be 230 treatment of the water discharged into Holy Name Lake. 231 232 Boser commented that there is not much grading in the wetland area as that is not allowed. 233 He stated that there is a ridge between the two wetlands that may be scraped a few feet. He 234 stated that will be known once those plans are approved. He stated that the Watershed 235 District supports this project because there will be a conversion from farmland to wetland, as 236 the discharged from farmland is much worse. He noted that most of the water will filter 237 down and only under very heavy conditions would water flow to Holy Name Lake. He noted 238 that they would also be required to install plantings and would ensure everything is 239 established prior to passing it to the City. 240 241 Finke stated that the Watershed District has been a partner throughout this process as they 242 have been working on this for over the past year. He stated that this will have many benefits 243 above just the conversion from agriculture. He noted that these elements would be above and 244 beyond what would be provided through standard development. 245 246 Nielsen asked for clarification on the road, as it was her understanding that the road had been 247 shifted to the south. 248 249 Boser confirmed that the road is currently proposed along the southern edge of the property. 250 He noted that it is not really a road but a private driveway. He stated that they would prefer 251 not to move that driveway to the north as it would conflict with the wetland area. He stated 252 that if it were aligned with Lakeview, people may think it is a road rather than a private 253 driveway. 254 255 Rhem asked if there would be concern with placing a berm or trees along the driveway to 256 provide a buffer for the neighbor. 257 258 Boser replied that he would not be opposed if there were room. Additional information was 259 provided on the distance of the northern driveway from the property line. 260 261 Julie Rothstein, 3615 Alvarado North, asked if there is anticipated timing for the project. 262 6 263 Boser provided details on the anticipated timing for the homes and wetland work. 264 265 Rhem closed the public hearing at 7:56 p.m. 266 267 Jacob stated that he is generally supportive of the project and staff recommendations. 268 269 Piper echoed her support and thanked the applicant for preserving the rural character of 270 Medina. 271 272 Popp stated that he is very supportive and noted that the net density is still within the rural 273 residential allowance. He found it important to know that the reason for the flexibility was 274 the additional wetland creation. He referenced the requested animal structure setback and 275 believed that to be warranted. He stated that related to the ADU perhaps the 2,500 square 276 feet is clarified to be the total size rather than above ground. 277 278 Ahmed commented that he also supports the plan as proposed and is happy to see the support 279 of the neighbors. 280 281 Plec thanked the neighbors for coming forward and supporting the project. He stated that he 282 also supports the project. 283 284 Nielsen also applauded the project, noting that she is a neighbor on Lakeview. She 285 referenced the animal structure setback and noted that she would agree to that internally but 286 would prefer the 150-foot setback remain externally. She stated that 2,500 for an ADU seems 287 large as that is larger than her current home. She understood that these will be large homes 288 but would prefer the normal ADU regulations apply. She noted that she would support 289 administrative review of the ADUs. 290 291 Rhem echoed the comments of the Commission thus far, noting that he appreciates the efforts 292 towards the wetlands and ecological impact that will have. He agreed that animal setbacks 293 should be limited to internal setbacks. He also supported that 2,500 square feet be the total 294 size rather than above ground size for the ADU. 295 296 Finke provided additional clarification on habitable square feet for an ADU, noting that when 297 those other areas are factored in, an ADU can come close to 2,500 square feet. He confirmed 298 that this would be a total square footage of 2,500 rather than habitable square footage. 299 300 Rhem asked if the ADU would still be governed by the 40 percent rule. 301 302 Finke confirmed that as proposed it would be 40 percent of the floor area of the principal 303 structure, or 2,500 square feet. He noted that neither of those calculations could be exceeded. 304 305 Nielsen commented that she does not care about the number of bedrooms. 306 307 Finke stated that the original regulation limited the number of bedrooms in order to limit 308 intensity should the ADU be rented. 309 310 Rhem stated that he did not have a problem with three bedrooms as the total size would be 311 limited. 312 313 Nielsen stated that hopefully the issue of rentals would be addressed by the HOA. 314 315 7 Popp stated that he also shared the concerns of Nielsen as this would essentially create two 316 homes on one lot, with the ADU allowed to be 2,500 square feet and that is larger than his 317 home as well. He noted that after hearing the input tonight he is comfortable. 318 319 Nielsen asked if the Commission is comfortable with the reduced animal setback internally 320 and confirmed the consensus of the Commission. 321 322 Piper asked who would choose to make an HOA on this property, whether it would be the 323 developer or the eventual property owners. 324 325 Finke replied that the applicant could provide input on their intention of an HOA. He 326 commented that there would be limited need for an HOA on this property. He noted that the 327 set of owners could figure out the details of the shared driveways themselves. 328 329 Boser stated that given the size, with five lots, they do not have the intention to create or 330 force an HOA. He stated that if the homeowners decided to have an HOA, they could. He 331 stated that other than the shared driveways there are not common elements. He stated that 332 they would have development covenants that would address the shared driveways and design 333 standards. 334 335 Motion by Nielsen, seconded by Popp, to recommend approval of the Planned Unit 336 Development General Plan and Preliminary Plat with the following conditions: 1) 2,500 337 square feet or 40% of principal ADU; 2) three-bedroom ADU; 3) 50-foot animal structure 338 setback interior only. Motion carries unanimously. 339 340 7. Reflections Dental – 872 Highway 55 – Site Plan Review for Redevelopment 341 342 Dion presented a request for a site plan review for the property at 872 Highway 55 for 343 Reflections Dental. She stated that the proposal would be 7,000 square feet including the 344 dental office space use while the multi-tenant area could be occupied by other users. She 345 stated that this would be a redevelopment project and the property is guided commercial, and 346 zoned commercial highway. She stated that the property does have allowable uses based on 347 the allowable parking. She stated that given the parking needs of the dental office, there 348 would be limitations on the other users that could come into the other tenant spaces. She 349 noted that the site meets dimensional standards, setbacks, parking, hardcover standards, and 350 is under the maximum allowed height. She compared the current layout of the site to the 351 proposed site plan and highlighted the differences. She provided details on the proposed 352 design and architectural materials. She stated that staff has a concern with the modulation on 353 the north side of the building as the requirement would not be met as proposed. She noted 354 that staff recommends approval with a number of conditions as listed. 355 356 Jacob commented that there is talk of potentially connecting to the cul-de-sac behind the 357 building and asked if thought has been given to providing that connection at this time. 358 359 Dion replied that there are no plans at this time, although there are long-term hopes to do 360 something like that. She noted that access easements would be needed in order to go through 361 the McDonalds property. She noted that they did plan for that connection should it be 362 possible in the future. She explained that McDonald’s owns the property between the subject 363 property and the cul-de-sac and also noted the grade change between the properties. 364 365 Jacob asked the percentage of space the dental office would occupy in the building. 366 367 Dion noted that could be answered by the applicant. 368 8 369 Ahmed stated that people are traveling at high speeds on Highway 55, and he would be 370 concerned with traffic trying to access or leave the site. He stated that if the cul-de-sac could 371 be feasible that would provide a safer access to the site. 372 373 Rhem invited the applicant to speak. 374 375 Mark Fuller, representing the applicant, stated that they did update their plans to address the 376 concerns related to modulation. He stated that they also have accommodated their plans to 377 provide the connection to the cul-de-sac, should that become feasible in the future. He also 378 provided more options that could be available to provide connection to Clydesdale in the 379 future, should that become feasible. 380 381 Nielsen asked if McDonald’s has been approached in attempt to purchase that land that would 382 provide connection to the cul-de-sac. 383 384 Fuller replied that he was unsure if the applicant had done so. 385 386 Jacob asked how much land would be required to make the connection. 387 388 Plec noted that an easement could be purchased in order to provide that connection as well 389 and provided estimated dimensions on what would be necessary. 390 391 Rhem opened the public hearing at 8:35 p.m. 392 393 Bill Ciora, 915 Sunset Court, stated that he has the lots listed at Rolling Greens located at 394 Pinto and 116 and asked if the company has considered purchasing one of those lots as they 395 could accommodate a 10,000 square foot building with private parking. 396 397 Fuller replied that he thought the applicant looked at that site, but has moved ahead with the 398 subject property instead. 399 400 Rhem closed the public hearing at 8:37. 401 402 Ahmed expressed concern with access from Highway 55 and would prefer a solution that 403 would have access from Clydesdale. 404 405 Plec stated that he supports the development. 406 407 Nielsen asked if there was consideration to flip flop the building and parking lot, placing the 408 building on the non-55 side of the property. 409 410 Fuller replied that was considered but noted that the setbacks are more constraining in that 411 area in addition with the slope that exists for the drainage pond. He commented that there 412 was unpermitted work done on this site and this proposed development would reduce the 413 impervious surface on the site by about 873 feet. 414 415 Nielsen commented that this is a great design, and she looks forward to this development. 416 417 Popp commented that this looks great. 418 419 Piper commented on the lack of parking at Peg’s on a Sunday morning and wanted to ensure 420 that parking would not spill onto this site. 421 9 422 Fuller recognized the potential relationship and interaction between this site and Peg’s. He 423 hoped that his client and Peg’s would be good neighbors. 424 425 Nielsen commented that the dental office would not be open on Sunday so shared parking 426 might not be an issue. 427 428 Jacob stated that he would love to see the access developed from the cul-de-sac. 429 430 Rhem appreciated that the modulation was already adjusted. He stated that while he does not 431 love the Highway 55 access, he understands that is the only option at this time and 432 appreciated that the applicant has planned for a connection in the future. 433 434 Fuller stated that if the Council and Commission could help to encourage the Clydesdale 435 connection, he would appreciate that as well. 436 437 Motion by Nielsen, seconded by Rhem, to recommend approval of the Site Plan Review 438 subject to the conditions recommended by staff. Motion carries unanimously. 439 440 8. Public Hearing – Alexander Petrashov – 2382 Highway 55 – Rezoning from 441 Commercial-Highway (CH) to Business (B) District 442 443 Dion stated that the applicant is requesting a rezoning from commercial highway to business 444 in order to relocate their business from Osseo. She reviewed the adjacent site uses and noted 445 that the current site is occupied with a motel. She stated that this change in zoning would not 446 impact the ability for the motel to remain on the site. She noted that the applicant intends to 447 redevelop the site, but if that does not happen right away, the motel would continue to be a 448 conforming use. She stated that the subject site is 3.28 acres which meets the minimum lot 449 size as well as dimensional standards. 450 451 Piper asked what the structure to the right is. It was clarified to be senior housing. 452 453 Jacob asked if the applicant currently owns the site. 454 455 Plec asked if the motel is currently functioning as a motel. 456 457 Alexander Petrashov, applicant, responded that the motel is occupied. 458 459 Piper asked if the clients at the motel rent for longer periods of time. 460 461 Petrashov stated that they are extended stays. 462 463 Rhem asked why this piece is zoned differently than the surrounding parcels. 464 465 Dion replied that many properties were rezoned as part of the Comprehensive Plan 466 implementation and this property should have been rezoned as well but was not. 467 468 Nielsen asked if the motel would be demolished when the new structures are constructed. 469 470 Petrashov stated that the motel would need to be demolished for them to construct their shop. 471 472 Rhem invited the applicant to speak. 473 474 10 Petrashov stated that they are happy to be moving from Osseo to Medina. 475 476 Popp asked the number of employees the business has during the busy season. 477 478 Petrashov estimated 15 to 20 employees. 479 480 Popp asked if there would be a possibility to bring more local employment or whether the 481 same staff would move with the business. 482 483 Petrashov replied that they feel that Medina would be a better fit for the business and 484 anticipated that his employees would come with the business. 485 486 Jacob asked what would trigger the construction on this site. 487 488 Petrashov reviewed the anticipated timeline. 489 490 Rhem opened the public hearing at 8:53 p.m. 491 492 No comments. 493 494 Rhem closed the public hearing at 8:54 p.m. 495 496 Jacob commented that he likes the project and supports the recommendations. 497 498 Piper agreed. 499 500 Popp commented that this is a strong development plan that aligns with the surrounding 501 development. 502 503 Nielsen, Plec, and Ahmed also expressed support. 504 505 Rhem agreed that it makes sense to clear up the zoning discrepancy regardless of the 506 following project. 507 508 Motion by Piper, seconded by Plec, to recommend approval of the rezoning subject to the 509 conditions recommended by staff. Motion carries unanimously. 510 511 9. Public Hearing – School Lake Nature Preserve 3rd Addition – 2600 Parkview Drive – 512 Planned Unit Development General Plan and Preliminary/Final Plat to Divide Existing 513 Lot into a Lot and an Outlot 514 515 Finke presented a request to amend the School Lake Nature Preserve Planned Unit 516 Development (PUD) and Plat. He explained that this would not create new lots but would 517 place the English garden into its own outlot for preservation. He stated that the owners home 518 is still the only home on the properties at this time. He stated that the applicant would like to 519 split the English garden off onto an outlot to make the remainder of that lot more attractive to 520 buyers as there may be concern with maintaining the gardens. He acknowledged that it is not 521 common to create an outlot that is not open space, and the applicant addresses that through 522 the PUD. He noted that the outlot would be owned by Mr. Marks and could be conveyed to 523 another owner in the future. He stated that there are two accessory buildings, a shed and 524 gazebo, which would not typically be allowed on an outlot, but that could also be addressed 525 through the PUD. He stated that staff recommends approval to reorient the lots in this way 526 and of the plat. 527 11 528 Nielsen asked if there were previous issues with a trail for this project. 529 530 Finke replied that there were multiple issues with trails through the review process. He noted 531 that various trail easements were dedicated as part of the project, along with creation of a 532 trailhead, noting that work is still outstanding. He noted that the City would be in charge of 533 creating those trails in the future. 534 535 Jacob asked what would happen to the outlot if the change were not approved. 536 537 Finke replied that the garden is currently part of the 2600 lot. He noted that if this were not 538 approved, the garden would remain as part of the lot. He stated that there was concern with 539 the outlot being orphaned in the future and therefore it can be conveyed to another person. 540 541 Piper asked if there has been discussion of having another lot. 542 543 Finke replied that there has not been any discussion of additional lots. He noted that there are 544 a series of outlots in this development that has conservation area and maintenance 545 obligations. He recognized that there would be more intense maintenance obligations for the 546 garden. 547 548 Kent Williams, 1632 Homestead Trail, spoke in representation of the applicant. He stated 549 that if the huge worldclass English garden is attached to a property, with its maintenance 550 obligations, that shrinks the pool of interested buyers. He stated that whoever owns the 551 garden would have to be a member of the HOA to ensure vested interest in the maintenance 552 of the property. 553 554 Nielsen asked if there is concern that the outlot could become orphaned. 555 556 Williams replied that it will become part of the estate. 557 558 Nielsen asked if there has been thought to donate the garden to another entity. 559 560 Williams commented that the maintenance obligations are around $100,000 a year for the 561 garden. 562 563 Rhem opened the public hearing at 9:07 p.m. 564 565 No comments. 566 567 Rhem closed the public hearing at 9:07 p.m. 568 569 Nielsen commented that she does have concern that the garden could be orphaned but would 570 be fine moving forward. 571 572 Piper recognized the age of the applicant and stated that this would be a way for him to get 573 out from under the economics of this. She stated that she could see this going foul and being 574 ignored. She asked if the home would provide access to the garden and whether the addition 575 of the garden would make his home less attractive on the market. 576 577 Williams stated that ultimately he is not optimistic that someone would want to take that 578 garden on. He noted that in that case the garden would become overgrown and tilled and 579 would then become open space. 580 12 581 Finke stated that if someone did not want to maintain the lot as a garden, there is no reason it 582 could not be combined with an adjacent lot as it would not be labeled as conservation area. 583 584 Motion by Piper, seconded by Jacob, to recommend approval of the Planned Unit 585 Development General Plan and Preliminary/Final Plat with the conditions recommended by 586 staff. Motion carries unanimously. 587 588 10. Approval of the April 11, 2023 Draft Planning Commission Meeting Minutes. 589 590 Motion by Rhem, seconded by Jacob, to approve the April 11, 2023, Planning Commission 591 minutes with the noted changes. Motion carries unanimously. 592 593 11. Adjourn 594 595 Motion by Nielsen, seconded by Ahmed, to adjourn the meeting at 9:13 p.m. Motion 596 carried unanimously. 597