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2021-08-09 Planning Commission Minutes August 9, 2021 Mendota Heights Planning Commission Meeting Page 1 of 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES AUGUST 9, 2021 The special meeting of the Mendota Heights Planning Commission was held on Monday, August 9, 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, Cindy Johnson, Michael Toth, and Andrew Katz. Those absent: Commissioner Brian Petschel. Approval of Agenda The agenda was approved as submitted. Approval of July 27, 2021 Minutes COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT, TO APPROVE THE MINUTES OF JULY 27, 2021. FURTHER DISCUSSION: COMMISSIONER LORBERBAUM NOTED ON PAGE FOUR, FIFTH PARAGRAPH, REVISE “SIBLEY MEMORIAL” TO “…XCEL’S SIBLEY GAS PLANT SITE OFF HIGHWAY 13…” AND ON PAGE SIX, THE FIFTH PARAGRAPH, SHOULD BE REVISED “…IF ANY MUD WERE DRUG TRACKED ONTO THE STREET…” AYES: 6 NAYS: 0 Hearings A) PLANNING CASE 2021-10 GERALD ZIEBOL, 650 BROOKSIDE LANE – VARIANCE AND CONDITIONAL USE PERMIT Chair Field stated that this is a continuation of the previous meeting. He asked if there is any additional public comment. Commissioner Lorberbaum asked if the item would need to be formally reopened through motion because it was tabled. Chair Field stated that in the past he has handled it in a different manner but would be happy to entertain a motion. August 9, 2021 Mendota Heights Planning Commission Meeting Page 2 of 10 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT, TO REMOVE THIS ITEM FROM THE TABLE FOR DISCUSSION. AYES: 6 NAYS: 0 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. This planning case is actually a partial continuation of an original variance requested by the Ziebol’s in July 2018. Hearing notices were published and mailed to all properties within 350-ft. of the site and the applicant provided a list of neighbors in support of his request; 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 approval of this application based on the findings and with conditions. Chair Field invited the applicant to make any comments they may have. Gerald Ziebol, applicant, stated that the staff recommendation looks straightforward. He referenced the first condition and asked if the designer were to make subtle changes to the look of the building. Community Development Director Tim Benetti noted that the plans submitted should be followed as close as possible. He stated that if there are changes, they can be submitted to staff but if there are substantiative changes or changes to the footprint, that would come back to the Commission. Chair Field welcomed any additional comments from the public. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER CORBETT, MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Johnson stated that she has reviewed the information within the packet and watched the last meeting as she was unable to attend. She commented that she was pleased to see the August 9, 2021 Mendota Heights Planning Commission Meeting Page 3 of 10 setbacks along the road were not reduced and the new addition should not impact any neighboring properties. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE VARIANCE AND CONDITIONAL USE PERMIT, WITH FINDINGS OF FACTS TO SUPPORT THE RANTING OF SAID VARIANCE AND CONDITIONAL USE PERMIT TO GERALD ZIEBOL OF 650 BROOKSIDE LANE, WITH THE CONDITIONS NOTED THEREIN. 1. THE NEW ADDITION MUST MATCH THE ARCHITECTURAL PLANS AND DESIGNS PRESENTED IN THIS VARIANCE REQUEST ON THE SUBJECT PROPERTY. 2. THE PROPOSED RESIDENTIAL ADDITION AND ALL OTHER RELATED IMPROVEMENTS SHALL BE CONSTRUCTED IN COMPLIANCE WITH ALL APPLICABLE CITY CODE AND STATE OF MINNESOTA BUILDING CODE STANDARDS. 3. THE APPLICANT SHALL OBTAIN A BUILDING PERMIT PRIOR TO ANY EXCAVATION OR CONSTRUCTION OF THE NEW ADDITION AND/OR PORCH IMPROVEMENT. 4. ALL GRADING AND CONSTRUCTION ACTIVITY WILL BE IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND CONSTRUCTION WORK ACTIVITIES. 5. APPROVAL OF THE VARIANCE IS CONTINGENT UPON CITY COUNCIL APPROVAL OF THE APPLICATION AND CORRESPONDING SITE PLAN. IF THE VARIANCE IS APPROVED BY THE CITY COUNCIL, THE APPLICANT SHALL OBTAIN A BUILDING PERMIT FOR CONSTRUCTION OF THE PROPOSED ADDITION WITHIN ONE YEAR FROM SAID APPROVAL DATE. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its August 17, 2021 meeting. August 9, 2021 Mendota Heights Planning Commission Meeting Page 4 of 10 B) PLANNING CASE 2021-11 XCEL ENERGY/CATHOLIC CEMETERIES, 2101 LEXINGTON AVENUE S – INTERIM USE PERMIT COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER TOTH, TO REMOVE THIS ITEM FROM THE TABLE FOR DISCUSSION. AYES: 6 NAYS: 0 Community Development Director Tim Benetti explained that Xcel Energy is seeking an Interim Use Permit (IUP) to allow for a temporary outdoor staging and laydown yard, located at the southeast corner of 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. 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 approval of this application based on the findings and with conditions. Commissioner Lorberbaum stated that the applicant must provide financial surety but that has not been done as of yet and asked if the application would be considered incomplete. Community Development Director Tim Benetti commented that the other IUP’s that were approved by the City did not require payment of surety and provided additional details noting that Xcel was not required to provide surety through its last IUP. He stated that staff has not negotiated that, and the amount would be determined by the City Administrator if needed. He stated that is an open-ended requirement, but he could not find any precedent value or time the City has set that. Commissioner Lorberbaum stated that it is a requirement and therefore it should be included. Community Development Director Tim Benetti stated that it is part of a condition, and the Commission could choose to set an amount. Commissioner Corbett asked if it is required through a condition or as part of the process. Community Development Director Tim Benetti replied that it is required as part of the process, but the amount is not stipulated, and the City has never charged it. Commissioner Corbett noted that a value of zero could be set. August 9, 2021 Mendota Heights Planning Commission Meeting Page 5 of 10 Commissioner Lorberbaum stated that perhaps the condition states that an amount shall be agreed upon between now and the Council meeting. Commissioner Corbett referenced the issue of screening and asked what the requirements would be for standard outdoor storage. Community Development Director Tim Benetti stated that screening is required from residential areas. Commissioner Corbett stated that he would recommend that screening as this location is across from a dense residential neighborhood. Community Development Director Tim Benetti confirmed that Xcel has agreed to that condition. Commissioner Toth asked if this would be screened on all four sides or only the Lexington side. Community Development Director Tim Benetti commented that he does not believe the public works facility site would require screening but would suggest screening on Lexington and the north side. Chair Field invited the applicant to provide comments. Jake Sedlacek, applicant, stated that these types of projects are not done very often. He stated that the structures in place now are original to the metro area and the new structures would have an even longer lifespan. He stated that this location is ideal for the Xcel project, and this will be a temporary use. He stated that they are open to the screening discussed in addition to the vegetation that exists. He noted that they typically do not use screening because visibility often brings about questions about the project and reliability along with security to ensure no one is in the area. He displayed some photographs of the site from adjacent sites showing the vegetative screening that already exists. He stated that they are open to suggestions related to financial surety, noting that typically that is done through staff after approval. Chair Field referenced the work that was done at the gas plant on Highway 13, where the laydown of materials was done along the road, noting that there was not a residential area adjacent to that site. Mr. Sedlacek confirmed that is a high traffic area. Commissioner Toth stated that he walked the trail and noticed a series of mats laid down on the trail up to the substation and asked if construction equipment would use that access. Mr. Sedlacek confirmed that they would use that area to access the substation. He stated that the matting will help to protect the trails and they will still ensure that the existing condition of trails are restored if damage occurs. He stated that the towers would be accessed by trails as well as they felt that using the transmission corridor would be more disruptive to vegetation. August 9, 2021 Mendota Heights Planning Commission Meeting Page 6 of 10 Commissioner Toth commented that he appreciates the proactive measures to ensure residents will be aware of the trail use. Commissioner Johnson asked the type of pole that would be installed. Mr. Sedlacek stated that they would be single monopoles and provided additional details. Commissioner Johnson stated that MnDOT has priority prevention for preventing the spread of invasive species through equipment and asked if Xcel has a similar protocol to reduce the spread of invasive species. Mr. Sedlacek stated that he is unsure of the answer. He noted that in Mendota Heights they are working on pollinator friendly habitat and restoring natural habitat. He noted that he would follow up on the protocols that Xcel follows. Chair Field welcomed additional comments from the public. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO RECOMMEND APPROVAL OF THE INTERIM USE PERMIT REQUEST BASED ON THE FINDINGS-OF-FACT THAT THE PROPOSED TEMPORARY STORAGE YARD FOR XCEL ENERGY AND THEIR PROPOSED ELECTRICAL LINE REPLACEMENT PROJECT, COMPLIES WITH THE POLICIES AND STANDARDS OF THE CITY CODE AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN WITH THE FOLLOWING CONDITIONS: 1. THE INTERIM USE PLAN (IUP) SHALL TERMINATE BY DECEMBER 31, 2021. ANY EXTENSION OF THIS IUP MUST BE SUBMITTED TO THE CITY OF MENDOTA HEIGHTS AT LEAST 30 DAYS PRIOR TO THE EXPIRATION DATE AND APPROVED BY CITY COUNCIL. 2. THE APPLICANT SHALL PAY A FINANCIAL SURETY IN AN AMOUNT NEGOTIATED BETWEEN XCEL AND THE CITY ADMINISTRATOR, TO COVER THE COST OF REMOVING ALL TEMPORARY TRAILERS, VEHICLES, EQUIPMENT AND MATERIAL USED UNDER THE IUP, AND TO ENSURE THE SUBJECT SITE IS COMPLETELY RESTORED AND RETURNED TO ITS ORIGINAL CONDITION. 3. NO HAZARDOUS, CAUSTIC, OR EXPLOSIVE MATERIALS SHALL BE STORED ON THE OUTDOOR AREA; WITH NO REFUSE, GARBAGE OR SCRAPPED (JUNK) August 9, 2021 Mendota Heights Planning Commission Meeting Page 7 of 10 MATERIALS STORED ON THE SITE. ALL ELECTRICAL POLES AND RELATED MATERIAL SHALL BE STACKED OR STORED NEATLY AND STORED AS FAR AWAY FROM LEXINGTON AVENUE AS POSSIBLE. 4. THE APPLICANT (XCEL ENERGY AND/OR ITS SUBSIDIARIES) WILL ENSURE THE JOB TRAILER IS SECURED AND WELL MAINTAINED; AND THE STORAGE SPACE AREA IS KEPT CLEAN OF TRASH AND DEBRIS, FREE OF WEEDS, AND WELL MAINTAINED THROUGHOUT THE DURATION OF THE PERMIT TERM. 5. ANY EXISTING OR ADDITIONAL LIGHTING (IF PROVIDED), SHALL BE TEMPORARY ONLY, WITH DOWNCAST, SHIELDED LIGHT HEADS, AND ALL LIGHTING DIRECTED AWAY FROM ANY ADJACENT RESIDENTIAL AREAS. 6. HOURS OF OPERATION FOR MOVING EQUIPMENT IN AND OUT OF THE SITE SHALL BE LIMITED BETWEEN 7:00 A.M. AND 7:00 P.M., MONDAY THRU FRIDAY, WITH ALLOWANCE OF 9:00 A.M. TO 5:00 P.M. ON SATURDAY ONLY. ANY EXPANDED HOURS, INCLUDING SUNDAY OR HOLIDAY HOURS MUST BE APPROVED BY THE CITY COUNCIL. 7. THE INTERIM USE PERMIT SHALL COMPLY WITH THE PROVISIONS ESTABLISHED UNDER 12-1L-6-1: INTERIM USES AND THE CONDITIONS APPROVED HEREWITH AND SHALL BE PERIODICALLY REVIEWED TO ENSURE COMPLIANCE WITH THE APPLICABLE CODES AND POLICIES AND, IF NECESSARY, AMENDED ACCORDINGLY. 8. A SCREENING FENCE SHALL BE PLACED ON THE NORTH AND EAST SIDES OF THE STORAGE LAYDOWN AREA. 9. THE APPLICANT SHALL WORK TOWARDS ESTABLISHING A COME CLEAN, LEAVE CLEAN PROTOCOL RELATED TO INVASIVE SPECIES AND WILL DECLARE AND RESPOND TO COUNCIL AND STAFF AS NEEDED. FURTHER DISCUSSION: PUBLIC WORKS DIRECTOR RYAN RUZEK PROVIDED ADDITIONAL EXPLANATION ON WHAT XCEL HAS PROVIDED FOR THE PROJECT, INCLUDING A STORMWATER MANAGEMENT PLAN. CHAIR FIELD NOTED THAT AS MUCH AS COMMENTS MAY WANT TO BE PROVIDED ON THE OVERALL PROJECT, THIS ACTION ONLY APPLIES TO THE LAYDOWN YARD WHICH WOULD NOT HAVE A GREAT DEAL OF EXPOSURE TO THE REST OF THE CONSTRUCTION SITE. HE STATED THAT HE UNDERSTANDS THE CONCERN BUT THIS IS A LAYDOWN YARD AND NOT A CONSTRUCTION SITE. COMMISSIONER CORBETT STATED THAT BASED ON THE APPLICANT’S RESPONSE, IT SEEMS THAT THEY ARE AMENABLE TO THE CONDITION. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its August 17, 2021 meeting. August 9, 2021 Mendota Heights Planning Commission Meeting Page 8 of 10 C) PLANNING CASE 2021-14 JAMIE L. ANDERSON, 1892 AND 1881 ORCHARD HEIGHTS LANE – LOT LINE ADJUSTMENT COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT, TO REMOVE THIS ITEM FROM THE TABLE FOR DISCUSSION. AYES: 6 NAYS: 0 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 approval of this application based on the findings and with conditions. Commissioner Johnson asked if landscape pins would be installed at the new boundaries. Community Development Director Tim Benetti stated that typically there would be a new pin up at each point to decide where the boundary begins and ends as part of the survey. Chair Field noted that would be the role of the surveyor and would not be a condition. Commissioner Katz stated that recently the issue of structures on sites was reviewed based on the overall amount of acreage. He asked if changing the lot size would impact what could be built. Community Development Director Tim Benetti noted that the added size would not put the lot over five acres. Chair Field invited the applicant to provide input. Josephine Bahl stated that she is fully supportive of this application as it would provide an easier path for the Andersons to get to the back of their property for mowing and is a portion of her property that she was not using. Chair Field invited members of the public to provide input. August 9, 2021 Mendota Heights Planning Commission Meeting Page 9 of 10 Tim Murphy, 1916 Hunter, stated that he was curious as to what the point of this split would be but now understands it would provide access to the back portion of the property. He asked if this would provide access for foot traffic or vehicle traffic. Ms. Bahl replied that it would be for foot traffic and would provide access to the Anderson to plant trees on the back portion of their lot. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE LOT LINE ADJUSTMENT BASED ON FINDINGS OF FACT SUPPORTING THE REQUEST WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL FILE LOT/PARCEL COMBINATION DOCUMENTS WITH DAKOTA COUNTY INDICATING THE NEW PARCEL CREATED BY THIS LOT LINE ADJUSTMENT SHALL BE ADDED TO OR COMBINED WITH 1892 ORCHARD HEIGHTS LANE, PARCEL ID NUMBER 27-7540-001-110. 2. ALL TRANSFER OR DEED DOCUMENTS WHICH CONVEY THE PORTION OF LANDS UNDER THE LOT LINE ADJUSTMENT AND LOT SPLIT PROCESS SHALL BE RECORDED WITH DAKOTA COUNTY. 3. DUE TO A MAJORITY OF THIS PARCEL SITUATED IN A DRAINAGE AND UTILITY EASEMENT, NO PHYSICAL IMPROVEMENTS (INCLUDING BUT NOT LIMITED TO, GRADING/FILLING WORK, LANDSCAPING, RETAINING WALLS, FENCING STAIRWAYS OR WALKWAYS) ARE ALLOWED IN THE PARCEL CREATED BY THIS LOT LINE ADJUSTMENT, UNLESS AUTHORIZED OR PERMITTED BY THE PUBLIC WORKS DIRECTOR. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its August 17, 2021 meeting. August 9, 2021 Mendota Heights Planning Commission Meeting Page 10 of 10 Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: • The Comprehensive Plan was officially adopted at the August 4th meeting. Copies will be provided to members of the Commission. Chair Field referenced the pending August 11th mill and overlay of Lexington Avenue. He noted that Dodd Road is still closed, and construction is set to begin on Delaware on August 10th as well. He asked for an update from staff. Public Works Director Ryan Ruzek commented that the Dodd Road project was supposed to be paved today and should be open prior to the 11th. He provided an update on the County work on Lexington and Delaware, noting that both of those projects should be done under traffic and there are not total closures proposed. Community Development Director Tim Benetti provided a brief review of items that will come before the Commission at its regular August meeting. Commissioner Lorberbaum asked for financial disclosure and traffic flow information related to the PUD amendment request. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO ADJOURN THE MEETING AT 7:47 P.M. AYES: 6 NAYS: 0