Loading...
2010-03-23 Planning Comm MinutesPlanning Commission Minutes March 23, 2010 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES March 23, 2010 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 23, 2010, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Lally, Commissioners Field, McManus, Norton, and Povolny. Those absent: Commissioners Hennes and Viksnins. Those present were Assistant to the City Administrator Jake Sedlacek, Acting Public Works Director /City Engineer Ryan Ruzek, and NAC Planner Steve Grittman. Minutes were recorded by Carla Wirth. Approval ofFebruary 23, 2010, Minutes COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER POVOLNY, TO APPROVE THE MINUTES OF FEBRUARY 23, 2010, AS PRESENTED. AYES: 5 NAYS: 0 Review Planning Commission Rules of Order Chair Lally referenced the Planning Commission's Rules of Order, noting a few items are not consistent with the City's ordinances. Assistant to the City Administrator Jake Sedlacek advised that the Planning Commission is not required to adopt Rules of Order; however, this document existed and is being presented in case the Commission would like to adopt such rules. Chair Lally noted the document contains several typographical errors and Section 2, Organization, contains no indication that applications are sought. He referenced paragraph 2.2, Absenteeism, and what the City's ordinance indicates with regard to absences. He noted that the Commission meets only 11 times a year and if absent 25% of the time, it may indicate the member is too busy. Commissioner Field referenced Subsection 3.2, Hearing Procedure, and suggested adding reference to the public hearing being opened and closed. Commissioner McManus asked whether the Planning Commission had formally adopted Rules of Order. Mr. Sedlacek explained these Rules of Order are the current Rules, adopted in 1986. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NORTON, TO TABLE CONSIDERATION OF PLANNING COMMISSION RULES OF ORDER TO THE APRIL MEETING TO ALLOW ADDITIONAL TIME FOR REVIEW. AYES: 5 NAYS: 0 Hearings PLANNING CASE #10 -04 Mark Hemstreet on behalf of Verizon Wireless 2431 Lexington Avenue Conditional Use Permit for expansion of ground equipment Planning Commission Minutes March 23, 2010 Planner Steve Grittman explained that Mark Hemstreet of Insite, Inc., on behalf of Verizon Wireless, is requesting approval of a Conditional Use Permit (CUP) to install wireless accessory equipment on the existing water tower site located at 2431 Lexington Avenue. The parcel is zoned I, Industrial, and the project will include the installation of a back -up generator at the Verizon Wireless facility to ensure that Verizon's equipment will receive adequate power when its main power is interrupted. According to the Zoning Ordinance, Section 12- 1J- 6.C.3, if both the applicant and the City consent to mounting the antennas on the City's water tower or other municipal building, a developer's agreement may be necessary at the discretion of the City in addition to a Conditional Use Permit. Mr. Grittman displayed a picture of the proposed equipment and explained Verizon Wireless is proposing the placement of a 50KW Katolight Diesel Generator with Crystal Quiet Sound Enclosure and Spill Containment. The generator is proposed to be located to the southwest of the water tower and directly northwest of the existing 16 -foot by 52 -foot concrete equipment building. In order to install the generator, an additional lease area of approximately 12 -feet by 15 -feet (180 square feet) is needed. The generator will be enclosed by a chain link fence that will connect to and match the existing chain link fence on the north side of the Verizon equipment shelter. Screening will consist of vertical privacy slats that match the screening in the fence surrounding the AT &T equipment located to the east of the water tower. Mr. Grittman noted the City has approved similar requests for the placement of accessory equipment and the lease would control the use of the property. Based on the review of the applicable Zoning Ordinance requirements, staff recommends approval of the CUP to locate accessory wireless equipment on an existing telecommunications tower site as illustrated on the submitted site plans and subject to the conditions detailed in the staff report. Commissioner Povolny asked if the City will require screening. Mr. Grittman answered in the affirmative and advised the site complies with that requirement. Mark Hemstreet, Insite, Inc., on behalf of Verizon Wireless, stated he met with Mr. Sedlacek who indicated the fence should be screened to match the existing screened fence, which they assume will be a condition of the CUP. Commissioner McManus stated the generator is proposed to be located well out of sight and well shielded. He asked about the noise standards of a Crystal Quiet Sound Enclosure, noting there is residential across the street. Mr. Hemstreet stated that is the manufacturer's term and the enclosure will reduce the noise to a level similar to a household air conditioner, even with a diesel engine. Commissioner McManus stated he thinks the distance and proposed location will address his concern. Commissioner Norton stated the generator will not be running 24 hours a day. Mr. Hemstreet stated that is correct, the generator will be used in times of power outages. In addition, the generator will be test run for 20 minutes once a week as a maintenance issue. He explained that the generator test run can be scheduled at a specific time, such as the middle of the day when there is a higher street noise level. Commissioner Povolny asked if the generator is for use only by Verizon Wireless. Mr. Hemstreet answered in the affirmative. Commissioner Povolny asked how many cell tower providers are located on the water tower. Acting Public Works Director /City Engineer Ryan Ruzek stated the City has five leases on the water tower. Commissioner Povolny asked if the City will receive four more similar requests. Mr. Ruzek indicated that may occur and noted staff can refer such requests to Verizon Wireless for co- utilization. Mr. Hemstreet explained that some carriers use batteries instead of a power generator. Commissioner Povolny asked if they need a generator as a back up. Mr. Hemstreet explained that the need for a generator was determined by their engineers. Commissioner Field noted the City encourages collocation of antennas and asked if it should also encourage co- utilization of backup generators. Mr. Grittman stated it is the City's property so the City has the ability to make those requirements but should get input from the engineer to assure the generator is capable of providing backup power for more than one carrier. 4 Planning Commission Minutes March 23, 2010 Chair Lally asked if another carrier would then pay Verizon Wireless to co- utilize its generator. Commissioner Field stated he is unsure what the terms would be but raised it as an option. The Planning Commission discussed the size of the generator and limited need for Verizon's equipment. Mr. Hemstreet stated he is unable to answer technical questions about the generator and would have to refer the question to their engineers. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER FIELD, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 Mr. Ruzek explained the City is undertaking a water tower rehabilitation project so staff will have to coordinate that project with installation of this equipment. In addition, staff needs additional information on some existing facilities and conduits since they do not comply with OSHA standards. Mr. Hemstreet indicated no objection to the two additional conditions. COMMISSIONER MCMANUS MOVED, SECONDED BY COMMISSIONER NORTON, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AS REQUESTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. LEASE SHALL BE AMENDED TO REFERENCE THE ADDITIONAL GROUND EQUIPMENT. 2. A BUILDING PERMIT MUST BE OBTAINED PRIOR TO CONSTRUCTION AND INSTALLATION. 3. THE APPLICANT SHALL PROVIDE AN ABANDONMENT BOND TO THE CITY AS REQUIRED BY SECTION 12- 1J- 6.H.1.b OF THE ZONING ORDINANCE. 4. THE APPLICANT SHALL ABIDE BY ALL OTHER REGULATIONS IN SECTION 12 -146 OF THE ZONING ORDINANCE. 5. COORDINATION WITH THE CITY ENGINEER DURING THE CITY'S WATER TOWER REHABILITATION PROJECT. 6. THE PROVIDER SHALL BRING EXISTING VERIZON WIRELESS EQUIPMENT AND FACILITIES UP TO OSHA STANDARDS. Commissioner Field stated he would like to explore the option of sharing generator capacity; however, there is not enough information or engineering available to do so tonight. Commissioner Norton suggested this be presented as a suggestion for staff and the Council to consider. Commissioner Povolny advised that the average power outage is about 90 minutes, unless there is a natural disaster, and most backup battery systems will cover that duration. AYES 5 NAYS 0 Chair Lally advised the City Council would consider this application at its April 6, 2010, meeting. PLANNING CASE #10 -05 William Stein 2465 Westview Terrace Wetlands Permit for ground source heat pump Planning Commission Minutes March 23, 2010 Planner Steven Grittman explained that William Stein is requesting approval of a Wetlands Permit to install a ground source heat pump at 2465 Westview Terrace. He noted the property is zoned R -1, One Family Residential. He displayed a site plan to identify the edge of the wetland, building pad, and proposed "v- shaped" excavation in the rear yard. The applicants have indicated they will maintain and add to existing natural vegetation to create a more naturalized buffer between the finished portion of the property and edge of the wetland. Mr. Grittman advised that Section 12 -2 -6 of the Zoning Ordinance requires a Wetlands Permit for any work conducted within 100 feet of a wetland. The trench is within that 100 -foot buffer zone with the closest point being about 28 feet from the wetland. The area to the west and north of the trench will remain in its natural state and be enhanced with native vegetation plantings. Mr. Grittman stated the construction of the facility should not create a negative impact on the wetland and the landscaping improvements will enhance the wetland. Staff finds the project meets the intent of the Wetlands Ordinance and will not degrade or threaten the water quality of the wetland subject to the conditions detailed in the staff report. Commissioner Field asked if the geothermal equipment is put into the trench or placed closer to the wetland. Mr. Grittman stated the equipment will be placed in the trench. Commissioner Field stated geothermal is most efficient closer to the wetland where the soils are wet so he is curious the trench is located that far back. Acting Public Works Director /City Engineer Ryan Ruzek stated the applicant wanted to install the system in the wetland but a 6 -8 foot depth is required for a more efficient system and the pond does not have that depth so the application was changed to this proposal. Commissioner Field asked if the applicant was expected to attend tonight. Mr. Grittman advised the applicant called to indicate he was unable to attend tonight but would attend the Council meeting. Commissioner Povolny asked if the project involves open trench, directional boring, and how many loops would be installed. Mr. Grittman advised it will be open trench work, back filling, and covered with turf but he does not know other details of the installation. Chair Lally noted the trench will be within 28 feet of the wetland and the grading will match the existing terrain. Mr. Grittman stated that is correct. Chair Lally stated this system utilizes heat from the ground but he is not familiar with the technical working of this type of system. Commissioner McManus stated he viewed the site today and questions whether it is actually 28 feet from the wetland, estimating it may be as close as 15 feet from the wetland. Mr. Grittman stated the applicant used the City's GIS map to identify the edge of the wetland. He displayed a site plan to describe the location of the trench and measurement of 28 feet to the wetland. Commissioner McManus stated the applicant has a large attractive fence that meets the City's requirements and asked if the excavation is inside or outside of that fence. Mr. Grittman stated it is outside of the fence. Commissioner McManus stated there were no stakes in the ground but he doubts it would measure 28 feet from the wetland. The Planning Commission discussed the measurements and setback of the house and trench from the wetland. Commissioner McManus stated the Council expects the Planning Commission to ask questions but the applicant is not available tonight to answer those questions. Commissioner Povolny stated the diagram presented tonight is not easy to understand and does not contain enough information about the project. il Planning Commission Minutes March 23, 2010 Chair Lally asked if the depth of the trench is a concern as long as the original contours are restored. Commissioner Povolny noted this trench is close to the wetland. Commissioner Field stated it is not the Commission's purview to engineer this project; it is to consider the appropriateness of a Wetlands Permit. Commissioner Norton concurred, noting it will be restored to the current contours. He asked if there was concern that the installation of this equipment would adversely affect the wetland during the trenching. Commissioner McManus stated it would be helpful to have the applicant in attendance to answer the questions of the Commission. Commissioner Povolny stated he does not object to the project but does not think the submitted plan contains enough detail. Chair Lally noted the staff recommendation is to approve and asked if staff was concerned about a potential impact to the wetland. Mr. Grittman stated that staff did not believe there would be an adverse impact to the wetland, noting silt fence is required to be in place and the project is to be restored and graded to the original contours. Chair Lally asked the City Engineer if he had concerns about an adverse impact to the wetland. Mr. Ruzek stated he is not concerned with the project. However, silt fence is stated to be installed between the trench and the wetland and the northern side of the trench should also have silt fence since it is a lower elevation. Commissioner Field asked if this is a two to three day project. Mr. Ruzek stated the applicant indicated the project will take one week. Chair Lally asked if the contractor representing the applicant was in attendance. Mr. Sedlacek explained the contractor had a work conflict and was not able to attend but intends to be present at the Council meeting to answer questions raised by the Planning Commission. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NORTON, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER FIELD, TO RECOMMEND APPROVAL OF THE WETLANDS PERMIT AS REQUESTED FOR THE INSTALLATION OF A GROUND SOURCE HEAT PUMP SUBJECT TO THE FOLLOWING CONDITIONS: 1. ALL CONSTRUCTION /EXCAVATION WORK MUST BE LOCATED OUTSIDE OF THE PLATTED EASEMENT AREA; AND 2. ALL CONSTRUCTION ACTIVITIES MUST FOLLOW THE LAND DISTURBANCE GUIDANCE DOCUMENT. AYES 4 NAYS I(POVOLNY) Chair Lally advised the City Council would consider this application at its April 6, 2010, meeting. 5 Planning Commission Minutes March 23, 2010 Commissioner Field stated his preference to not hold a public hearing if the applicant is not able to attend the meeting to answer the Commission's questions. Commissioner McManus concurred. Commissioner Povolny stated he would like additional information submitted with applications. Commissioner Norton asked whether the Planning Commission can require the applicant to be in attendance. Mr. Sedlacek explained that once the public hearing is advertised, the Commission is required to hold the public hearing but is not required to take action on the application if it feels there is not enough information. Commissioner McManus stated he voted in support of the application but does not recall the Planning Commission ever making a recommendation on such scant information. Commissioner Povolny stated that even though he supported the project, he voted against the motion because of the lack of information included in the application. PLANNING CASE #10 -06 Tom Robey on behalf of Bert McKasy 1294 Aspen Way Critical Area Permit for an addition to the home Chair Lally advised that the applicant had asked if he needed to be present at the meting tonight and he indicated it was not necessary if the application was non - controversial and as long as a representative was in attendance. Planner Steve Grittman explained that Tom Robey, Ispiri LLC, on behalf of the property owners, Bert and Carolyn McKasy, is requesting approval of a Critical Area Permit for the construction of a four - season porch and deck on to their existing home. The property is located at 1294 Aspen Way, is zoned MR -PUD, and located within the Mississippi River corridor. He displayed a copy of the plat for the Summit Townhouse area, points of access, and subject site. Mr. Grittman explained the property owners wish to construct a four - season porch with an attached deck on to their existing home. The porch is proposed to be located over an existing deck structure and will utilize the existing footings already in place. The new deck will extend from the side of the porch to the edge of the home and be aligned with the edge of the home. Mr. Grittman noted this property is located within the Mississippi River corridor and any work conducted within this corridor requires a Critical Area Permit as special guidelines have been adopted to protect and improve the River's natural, cultural, historic, and recreational resources in this area. He explained it relates to views to and from the River and protection of the bluff areas that face the River. This particular project is not subject to views to or from the River or in close location to the bluff; however, it is within the corridor and will expand the built area of the parcel. Mr. Grittman advised that this project is consistent with other homes in this area and there appears to be very little impact to the corridor. Staff recommends approval of the Critical Area Permit for construction of a porch and deck as no paving, significant soil loss, changing in grades, or altering of slopes will occur during the project. Therefore, it appears that the project will not have a negative impact on the aesthetic integrity and natural environment of the Mississippi Critical Area. Tom Robey, Ispiri LLC on behalf of the applicants, stated they are going to great lengths to assure all finishes will match the existing unit and the other half of this twin home already has a porch. Chair Lally noted that other townhomes have requested a similar construction and Critical Area Permits were approved for those projects. Mr. Sedlacek advised that on March 8, 2010, staff sent a letter to the applicant to advise that a completed application form had not yet been received. He stated the public hearing was already advertised so staff recommends it be held Co Planning Commission Minutes March 23, 2010 and that the Planning Commission consider an added condition to require the property owner's signature on the application form so it can be filed with the County. Mr. Robey apologized for the lack of signature, explaining it was his understanding the signature was needed for the Council meeting, not the Planning Commission. He advised it will not be a problem to obtain their signature by the end of the week. Chair Lally opened the public hearing. Greg Quail, Summit homeowner and Homeowner's Board Member, stated he has no objection to the application but took measurements based on the measurements given by Ispiri LLC and determined they are off by about 2.5 feet. He used the site plan to identify the incorrect measurement and asked for the dimensions to be corrected prior to consideration by the City Council. He stated he had served on the Planning Commission in the past and complimented its members for the questions raised on applications tonight. Mr. Sedlacek recommended an added condition to require updated and corrected plans. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NORTON, TO CLOSE THE PUBLIC HEARING. AYES 5 NAYS 0 COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER MCMANUS, TO RECOMMEND APPROVAL OF THE CRITICAL AREA PERMIT FOR CONSTRUCTION OF A FOUR - SEASON PORCH AND DECK SUBJECT TO THE FOLLOWING CONDITIONS: 1. SUBMISSION OF CORRECTED PLANS PRIOR TO CITY COUNCIL CONSIDERATION. 2. PROPERTY OWNER'S SIGNATURE ON THE APPLICATION BY CLOSE OF BUSINESS ON FRIDAY, MARCH 26, 2010. AYES 5 NAYS 0 Chair Lally advised the City Council would consider this application at its April 6, 2010, meeting. PLANNING CASE #10 -03 City of Mendota Heights Update to Title 12, Chapter 1, of the City Code Planner Steve Grittman stated the Planning Commission has received updated copies of the Zoning Ordinance as well as a summary memorandum that highlights those changes. He noted the most substantive changes were made in the general provisions section to update the material and move sections for better organization. The format changes include combining the two PUD sections into one section. Mr. Grittman noted the change to the string rule, consolidated accessory building requirements, and updated material in various districts. Revisions also bring language into compliance with State Statutes and correct grammatical errors. Commissioner McManus stated the Ordinance is in good shape. Commissioner Norton stated the Commission has had a number of opportunities to review the document. He noted a typographical error on Page 13, Massage Therapy Businesses, and recommended to capitalize the word "Statutes." Commissioner Field stated staff has done a good job to incorporate all of the details. 7 Planning Commission Minutes March 23, 2010 Chair Lally concurred and noted as people plan to make changes to their businesses or homes it is helpful to have an updated Zoning Ordinance. Chair Lally opened the public hearing. Seeing no one coming forward wishing to speak, Chair Lally asked for a motion to close the public hearing. COMMISSIONER POVOLNY MOVED, SECONDED BY COMMISSIONER NORTON, TO CLOSE THE PUBLIC HEARING. AYES NAYS COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER FIELD, TO RECOMMEND APPROVAL OF THE ZONING ORDINANCE UPDATE AS DETAILED IN THE STAFF REPORT. AYES NAYS Chair Lally advised the City Council would consider this application at its April 6, 2010, meeting. Verbal Review Mr. Sedlacek gave the following verbal review: PLANNING CASE #10 -02 Jane Landreville Wetlands Permit • Approved by the City Council as recommended by the Planning Commission. Commissioner Field requested an update on Mendota Plaza. Mr. Sedlacek advised they will be closing on the construction loan this week and staff has been working with them on documentation. He also advised that the Council discussed a request for proposal to move a sanitary sewer line in conjunction with the project, which was included in the final plat, and is now looking at options and potential of not funding the project. COMMISSIONER NORTON MOVED, SECONDED BY COMMISSIONER POVOLNY, TO ADJOURN THE MEETING AT 8:00 P.M. AYES NAYS Respectfully submitted, Carla Wirth, Recording Secretary N.