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2021-07-27 Planning Commission MinutesJuly 27, 2021 Mendota Heights Planning Commission Meeting Page 1 of 8 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JULY 27, 2021 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 27, 2021 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Brian Petschel, and Michael Toth (arrived at 7:10 p.m.). Those absent: Commissioners Cindy Johnson and Andrew Katz Approval of Agenda The agenda was approved as submitted. Approval of June 22, 2021 Minutes COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER PETSCHEL TO APPROVE THE MINUTES OF JUNE 22, 2021. AYES: 4 NAYS: 0 Hearings A) PLANNING CASE 2021-10 GERALD ZIEBOL, 650 BROOKSIDE LANE – VARIANCE AND CONDITIONAL USE PERMIT Community Development Director Tim Benetti commented that notice was mailed for all the public hearings, but it was not published through the Pioneer Press, therefore all public hearings would be recommended to be continued to a special August 9th Planning Commission meeting to ensure the full notice process could be completed. Community Development Director Tim Benetti explained that Mr. Gerald and Yelena Ziebol, owners, and residents of 650 Brookside Lane, are requesting a variance to expand an existing legal, nonconforming residence in the R-1 Zone, and a conditional use permit (CUP) to allow for a covered porch in the FY setback area. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. July 27, 2021 Mendota Heights Planning Commission Meeting Page 2 of 8 Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended opening the public hearing and then continuing it to the August 9th special meeting. Chair Field invited the applicant to address the Commission. Gerald Ziebol, applicant, was presented to address any questions. Commissioner Lorberbaum stated that the report mentions that the extra bedroom would have access to the bathroom. Mr. Ziebol stated that on the plan the space labeled as office would have access to the bathroom and the additional bedroom would also have access to that bathroom. Chair Field opened the public hearing. Phil True, 660 Brookside Lane, stated that he fully supports the variance and recommended that the Commission support it as well. He noted that the home would fit well with the neighborhood. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO TABLE THE PUBLIC HEARING TO THE SPECIAL MEETING OF AUGUST 9, 2021. AYES: 5 NAYS: 0 B) PLANNING CASE 2021-11 XCEL ENERGY/CATHOLIC CEMETERIES, 2101 LEXINGTON AVENUE SOUTH – INTERIM USE PERMIT Community Development Director Tim Benetti explained that Xcel Energy is seeking an Interim Use Permit (IUP) to allow for temporary outdoor staging and laydown yard, located at the southeast corner or Resurrection Cemetery, 2101 Lexington Avenue South. Xcel plans to use this outdoor staging area for the outdoor storage of electrical poles, equipment, job trailer and employee/company vehicle parking. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. July 27, 2021 Mendota Heights Planning Commission Meeting Page 3 of 8 Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended that this item be tabled to the August 9th special meeting. He noted that Xcel was planning to begin this project on August 5th. He stated that Xcel is asking for a preliminary recommendation to begin moving items into the storage area on August 5th, which will be slightly ahead of the official approvals that would be gained. He noted that staff would bring the preliminary recommendation to the Council at its August 4th meeting. Commissioner Lorberbaum asked if the City would have the right to do so. Community Development Director Tim Benetti commented that the City Attorney has stated that the Council has the ability to grant that preliminary approval. Commissioner Petschel stated that if the Council is going to hear an action regardless of what is granted by the Commission, would the action of the Commission be necessary. Community Development Director Tim Benetti commented that staff would still like the recommendation from the Commission to go forward to Council for the preliminary review. He stated that if not approved preliminarily by the Council, the applicant would need to wait for the August 9th special Commission meeting and August 17th Council meeting. Commissioner Corbett commented that he would be interested in knowing what the urgency is. Commissioner Lorberbaum commented that a letter from Xcel was received and asked if there is something in writing stated that the cemetery supports this. Community Development Director Tim Benetti commented that the cemetery did sign the application as the property owner. Public Works Director Ryan Ruzek noted that a representative from the cemetery is present tonight. Commissioner Corbett stated that his original thought was to table this, but it appears that a recommendation should also be made. Community Development Director Tim Benetti commented that Xcel would like to start this project sooner and therefore if there are no issues related to the outdoor storage yard staff would ask that the Commission provide a preliminary approval that will be reviewed by the Council. He did not believe that this would set precedent as this is a special circumstance. Chair Field invited the applicant to come forward to address the Commission. July 27, 2021 Mendota Heights Planning Commission Meeting Page 4 of 8 Chris Berglund, Xcel Energy, commented that they have schedule material delivery dates and if that needs to be changed it would result in additional costs and delays. He stated that the delay was not based on the applicant but the fact that the notice was not published in the Pioneer Press. Commissioner Toth stated that it would be fair to say this project was planned some time ago but did not happen. He recognized that materials have had delays recently. He asked for more information on the planning process. Mr. Berglund stated that they planned for months to move forward but needed a site to store the materials. He stated that once they found the cemetery was in agreement to allow them to store materials, he was alerted by the City that an Interim Use Permit would be necessary, and the process would take five to six weeks. He noted that typically their storage yards do not require IUP’s. Chair Field opened the public hearing. Ed Henn, 1288 Aspen Way, stated that a reference was made to Xcel’s Sibley Gas Plant site located off Highway 13, which had a similar temporary outdoor storage area approved about four years ago; and further stated that during that time Xcel was prompt and neat and the site was cleaned up when they were finished. He concluded he would be in favor of moving this forward. Jill Smith, 625 Hampshire Drive, asked if this could be documented that this is not intended to set precedent but is instead caused by extraordinary circumstances. Dave Kemp, Catholic Cemeteries, commented that this temporary storage will not bother their site. He stated that he has been working with Xcel and has had no problems or conditions outside of the things they have already come to agreement on. He stated that the cemetery likes the project as the towers will be removed and it will become more modern. He recognized that they would have some disruption but believed that the outcome will outweigh that temporary disruption. He stated that they 100 percent support the project. Mr. Berglund thanked the Commission for their consideration. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER LORBERBAUM TO TABLE THE PUBLIC HEARING TO THE AUGUST 9, 2021 SPECIAL MEETING. AYES: 5 NAYS: 0 Community Development Director Tim Benetti commented that Xcel is asking for preliminary approval and therefore would be looking for a preliminary recommendation from the Commission that will go forward to the Council at its August 4th meeting. He noted that this matter will come back to the Commission at its special meeting on August 9th and then again to the Council on August 17th. He noted that this would allow Xcel to move forward with bringing materials and equipment onto the site. He confirmed that this would not set precedent value for other cases. July 27, 2021 Mendota Heights Planning Commission Meeting Page 5 of 8 Commissioner Corbett stated that he is not worried about precedent but is worried about what would occur if this were not eventually approved and the applicant has already brought materials on site. Commissioner Development Director Tim Benetti stated that staff is asking the Commission to forward this to the Council for its consideration. Chair Field noted that he would see this as the risk of the applicant. Commissioner Toth referenced the recommended conditions. He stated that there will be some wet months coming up and construction vehicles would be coming out of a dirt area and asked who would be responsible for cleaning up the streets. Chair Field stated that this discussion is only related to the preliminary period through August 17th and therefore that question should be delayed to the August 9th special meeting. Commissioner Petschel asked if this preliminary approval should sunset on August 18th which would allow one day to remove equipment if the final request is denied. Chair Field confirmed that would be implied. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND PRELIMINARY APPROVAL OF THE INTERIM USE PERMIT REQUEST THAT WILL SUNSET ON AUGUST 18, 2021, TO ALLOW DELIVERY OF EQUIPMENT AND MATERIALS THAT WILL BE SUBJECT BY THE INTERIM USE PERMIT THAT WILL BE REVIEWED ON AUGUST 9, 2021 AND AUGUST 17, 2021; THIS IS DUE TO REASONS CAUSED BY THE CITY OF MENDOTA HEIGHTS AND THEREFORE DOES NOT SET PRECEDENT. FURTHER DISCUSSION: COMMISSIONER CORBETT ASKED IF THE MATERIAL WOULD BE SCREENED. HE ALSO ASKED THE INTENSITY OF THE USAGE. CHAIR FIELD ASKED IF THE CONDITIONS FROM THE REPORT SHOULD BE INCLUDED IN THE MOTION. COMMISSIONER PETSCHEL STATED THAT HE WAS UNSURE THAT THE MOTION WAS INTENDED TO INCLUDE THAT LEVEL OF DETAIL. COMMISSIONER LORBERBAUM STATED THAT SHE WOULD LIKE TO HEAR WHAT THE STORAGE WOULD LOOK LIKE. COMMISSIONER PETSCHEL COMMENTED THAT THERE IS A MOTION ON THE TABLE THAT SHOULD BE ADDRESSED. CHAIR FIELD RECOGNIZED THAT THERE WAS AN UNUSUAL ADMINISTRATIVE ERROR THAT IS CAUSING THIS DELAY. July 27, 2021 Mendota Heights Planning Commission Meeting Page 6 of 8 COMMISSIONER PETSCHEL STATED THAT HE FEELS THAT IF THE CONDITIONS ARE INCLUDED AT THIS TIME IT WOULD GRANT THE FULL APPROVAL, RATHER THAN WAITING UNTIL THE AUGUST 9TH MEETING TO DO SO. COMMISSIONER LORBERBAUM STATED THAT THIS COULD BE REMOVED FROM THE TABLE IN ORDER TO HEAR ADDITIONAL INPUT FROM THE APPLICANT. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER TOTH TO REOPEN THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER CORBETT ASKED FOR DETAILS ON HOW THE SITE WOULD BE USED AND/OR SCREENED. MR. BERGLUND STATED THAT CONSTRUCTION MATS WOULD BE PLACED TO AVOID DISTURBANCE OF THE GROUND. HE NOTED THAT THERE IS A TEN FOOT FENCE BUT THEY COULD ADD ADDITIONAL FENCING/SCREENING. HE STATED THAT IF ANY MUD IS TRACKED ONTO THE STREET, XCEL WOULD CLEAN IT UP. COMMISSIONER TOTH COMMENTED THAT THERE ARE GOOD AND BAD CONSTRUCTION SITES. HE NOTED THAT THIS IS WITHIN A RESIDENTIAL AREA AND URGED XCEL TO DO AN EXCELLENT JOB. HE STATED THAT THERE ARE PEOPLE THAT WALK THROUGH THE CEMETERY PROPERTY AND SUGGESTED THAT SIGNAGE BE POSTED ALERTING PEOPLE TO KEEP OUT OF THE CONSTRUCTION AREA. MR. BERGLUND STATED THAT THREE STRUCTURES WOULD BE WITHIN THE CEMETERY AND DESCRIBED THE PROCESS THAT WOULD BE FOLLOWED. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT TO TABLE THE PUBLIC HEARING TO THE AUGUST 9, 2021 SPECIAL MEETING. AYES: 5 NAYS: 0 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT TO AMEND THE MOTION TO INCLUDE CONDITIONS TWO THROUGH SEVEN OF THE STAFF RECOMMENDATION. AYES: 5 NAYS: 0 July 27, 2021 Mendota Heights Planning Commission Meeting Page 7 of 8 C) PLANNING CASE 2021-14 JAMIE ANDERSON, 1892 AND 1881 ORCHARD HEIGHTS LANE – LOT LINE ADJUSTMENT Community Development Director Tim Benetti explained that Mr. Jamie Anderson, in cooperation with Ms. Josephine Bahl, are requesting consideration of a simple lot line adjustment between two properties located at 1892 and 1881 Orchard Heights Lane. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended that this be tabled to the special August 9th Commission meeting. Commissioner Lorberbaum asked who came up with the shape. Community Development Director Tim Benetti commented that the shape is unusual but was a preferred choice between the property owners. Commissioner Lorberbaum commented that it would have been helpful to have a topography map. Commissioner Petschel asked if the City approved this platting or whether it came about as a result of the lawsuit. Chair Field commented that it was a result of the lawsuit. Commissioner Petschel asked if the line would be pinned with buried markers. Community Development Director Tim Benetti commented that would typically be the process. Jamie Anderson, 1892 Orchard Heights Lane, stated that the curved line is the property that wraps around the edge of the pond. He noted that they matched the curve to minimize the impact to the other lot. Commissioner Corbett asked if there was a width they were attempting to achieve. Commissioner Petschel asked and received confirmation that the property line would follow the terrain. Chair Field opened the public hearing. Josephine Bail, 1881 Orchard Heights, stated that she is fully supportive of the line as drawn as this mirrors the land and provides the Andersons access to the back portion of their land. July 27, 2021 Mendota Heights Planning Commission Meeting Page 8 of 8 Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO TABLE THE PUBLIC HEARING TO THE AUGUST 9, 2021 SPECIAL MEETING. AYES: 5 NAYS: 0 D) PLANNING CASE 2021-12 AT HOME APARTMENTS/MENDOTA HEIGHTS MALL ASSOCIATES LLC, LOT 1, BLOCK 1 MENDOTA PLAZA EXPANSION 2ND ADDITION – CONDITIONAL USE PERMIT AMENDING THE PLAZA OF MENDOTA HEIGHTS PLANNED UNIT DEVELOPMENT & WETLAND PERMIT Item tabled by the applicant prior to the meeting. E) PLANNING CASE 2021-13 AT HOME APARTMENTS/MENDOTA MALL ASSOCIATES LLC, LOT 7, BLOCK 1 MENDOTA PLAZA EXPANSION ADDITION – CONDITIONAL USE PERMIT AMENDING THE PLAZA OF MENDOTA HEIGHTS PLANNED UNIT DEVELOPMENT Item tabled by the applicant prior to the meeting. New/Unfinished Business Community Development Director Tim Benetti stated that approval was received from the Metropolitan Council on the 2040 Comprehensive Plan and noted that the plan will be forwarded to the Council for final adoption in August. He provided an update on recent Council review of recommended actions by the Commission. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 8:01 P.M. AYES: 5 NAYS: 0