Request for City Council Action

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1 MEETING DATE: November 1, 2016 TO: FROM: SUBJECT: Introduction Request for City Council Action Mayor and City Council, City Administrator Phil Carlson, AICP Interim Planner Resolution Approving Conditional Use Permit at 1450 Mendota Heights Road COMMENT: The applicant is seeking approval of a conditional use permit to construct a solar energy system in the side and rear yard of the Minnesota Knits facility. Background Mendota Heights recently adopted and then revised its solar energy system ordinance. There is ambiguity in the code as to the location requirements rear yard only or both side and rear yards. This is addressed in the staff report but should be addressed in a zoning code amendment at some point in the future. Discussion The applicant is proposing a solar array in the side and rear yards of the Minnesota knits facility that meets the area requirements of the code. The Planning Commission held a public hearing on the matter on October 25, There were no public comments. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 1450 MENDOTA HEIGHTS ROAD. Action Required This matter requires a simple majority vote.

2 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 1450 MENDOTA HEIGHTS ROAD AND PID# WHEREAS, Ideal Energies LLC, on behalf of the property owners, has applied for a conditional use permit as proposed in Planning Case and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on October 25, NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the request as proposed in Planning Case is hereby approved with the following findings of fact: 1. The proposal meets the spirit and intent of the code dealing with solar energy systems. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case is hereby approved with the following conditions: 1. That the applicant constructs a fence or other form of visual screening along the south and west sides of the property, to be approved by the City Engineer. 2. That trees are removed properly in accordance to City standards, as discussed in section of the City code. 3. That the applicant provides proper utility connection and safety documentation. 4. That the applicant applies for all additional required permits including a building permit. Adopted by the City Council of the City of Mendota Heights this first day of November, CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk

3 EXHIBIT A Legal Description PID# Lot 1 Block 1 Inland Industrial Park, except Parcel 340C of Minnesota Right-of-Way Plan and Res page 2

4 10/25/16 Planning Commission Packet - Page71 MEETING DATE: October 25, 2016 TO: FROM: Request for Planning Commission Action Planning Commission Phil Carlson, AICP Interim Planner SUBJECT: Planning Case Conditional Use Permit for Solar energy System Ideal Energies on Minnesota Knits facility at 1450 Mendota Heights Road Introduction COMMENT: The applicant is seeking approval of a conditional use permit to construct a solar energy system in the side and rear yard of the Minnesota Knits facility. Background Mendota Heights recently adopted and then revised its solar energy system ordinance. There is ambiguity in the code as to the location requirements rear yard only or both side and rear yards. Discussion The applicant is proposing a solar array in the side and rear yards of the Minnesota knits facility that meets the area requirements of the code. Recommendation Staff recommends the Planning Commission discuss the request in this case and make a recommendation to the City Council. Action Required This matter requires a simple majority vote.

5 10/25/16 Planning Commission Packet - Page72 Item No MEMORANDUM Date: October 25, 2016 To: From: RE: Mendota Heights Planning Commission Phil Carlson, AICP, Consulting Planner; Planning Case : Ideal Energies Solar CUP Conditional Use Permit (CUP) to build accessory solar energy system, 1450 Mendota Heights Road, Minnesota Knitting Mills property Action: Deadline: Approve CUP Nov. 25, 2016 (60 days from complete application submittal) SITE CONTEXT Existing Zoning Lot Area Designated Future Land Use I-1 General Industrial 135,975 sf (3.12 acres) Industrial Site Description and Present Use The subject site is 3.12 acres in size. The site is bounded by Highway 13 to the west, Mendota Heights Road to the north, Northland Drive to the east, and Econ Place immediately south. The site is currently home to the Minnesota Knitting Mills, a 50,000 square feet industrial manufacturing facility. The site is generally flat with slopes increasing steeply at the back of the site, towards a Highway 13 drainage ditch. The site is visually screened from Highway 13 by thick tree cover. There are a few trees along Mendota Heights Road and Northland Drive which screen the side yards of the site. There is a 20 easement along the west side of the site. The property and all setbacks and easements are illustrated in Figure 1. Surrounding Properties and Neighborhood The subject site is surrounded by industrial and commercial land uses and is located in the Mendota Heights Industrial Park. All properties immediately surrounding the Minnesota Knitting Mills property are developed as large-scale industrial or commercial properties.

6 10/25/16 Planning Commission Packet - Page73 Mendota Heights Planning Commission Item Ideal Energies Solar CUP October 25, West of Highway 13 is Fort Snelling State Park and land is guided natural preserve. East of site is the industrial park, which features educational, medical, hotel, and commercial uses. Project Description The applicant is requesting a conditional use permit for the construction of accessory, groundmounted solar arrays along the side (south) and rear (east) yards of the Knitting Mills property. The applicant has been working with the property owner to develop a site plan that meets the needs of the property owner and City s regulations. A description of the proposed solar array includes: 60 kw in total power generation Solar arrays mounted to the ground by posts Size: one array of 10 x 159 on south side, three arrays of 10 x 210 on the east side Maximum of 9 feet in height Located at least 15 from all property lines and 30 from neighboring dwellings Blue and silver in color and featuring anti-glare technology ANALYSIS Section 12-1L-6: Conditional Uses We have analyzed this application for a conditional use permit according to Section 12-1L-6.B.2: a. Site Development Plan 1. Location of all buildings on the property in question, including both existing and proposed structures These structures are shown in Figure Location of all adjacent buildings located within three hundred fifty feet (350') of the exterior boundaries of the property in question. These structures are shown in Figure Floor Area Ratio Not applicable 4. Location and number of existing and proposed parking spaces Not applicable

7 10/25/16 Planning Commission Packet - Page74 Mendota Heights Planning Commission Item Ideal Energies Solar CUP October 25, Vehicular Circulation Not applicable 6. Architectural elevations (type and materials used of all external surfaces). A rendering of the proposed arrays is shown in Figure Sewer and water alignment, existing and proposed Not applicable 8. Location and candle power of all luminaries Not applicable 9. Location of all existing easements The 20 easement on the subject site is shown in Figure 1. b. Dimension Plan, which shall include: 1. Lot dimensions and area Shown in Figure 2 2. Dimensions of proposed and existing structures Shown in Figure 4 3. Typical floor plan and typical room Not applicable 4. Setbacks on all buildings located on property in question Shown in Figure 4 5. Proposed setbacks Not applicable c. Grading Plan Not applicable. The applicant does not intend to grade materials to install solar arrays. d. Landscape Plan 1. Location of all existing trees, type, diameter and which trees will be removed Shown in Figure 5 2. Location, type and diameter of proposed plantings Not applicable. The applicant does not propose plantings. 3. Location and material used of all screening devices Not applicable. The applicant does not propose screening devices.

8 10/25/16 Planning Commission Packet - Page75 Mendota Heights Planning Commission Item Ideal Energies Solar CUP October 25, Section 12-1D-18: Alternative Energy Systems We have analyzed this application for a conditional use permit according to Section 12-1D-18: 4. Ground Mounted Systems a. Height: The maximum height of the system shall not exceed fifteen feet (15 ) in height from the average natural grade at the base of the system. The proposed maximum height is 9. b. Setbacks: The system shall be set back a minimum on fifteen feet (15 ) from all property boundary lines and thirty feet (30 ) from all dwellings located on adjacent lots, including appurtenant equipment. The applicant meets setback requirements, as shown in Figure 4. c. Location: The system shall be limited to rear yards in all zoning districts. The applicant is requesting that the system be located in the rear (east) and side (south) yards. The recent revisions to the solar code, adopted September 6, 2016 discuss the lot coverage limits of the solar array. In the amended Section 12-1D-18-4.d, the code refers to the size of a solar array in either the rear and side yards. Part c. of that same section says systems are only allowed in rear yards. My opinion is that this is an error and oversight in amending the code and we assume that in business and industrial districts, solar arrays are intended to be allowed in both side and rear yards. When there is ambiguity or a contradiction in the code, common practice is to interpret the code in favor of the applicant. d. (2) Business and Industrial Districts: The system shall be limited in size to no more than twenty five percent (25%) of the rear or side yard in which the system is located. In the rear (east) yard, the proposed arrays will be 2,105 square feet, a total coverage of 8.84%. In the side (south) yard, the proposed arrays will be1,590 square feet, a total coverage of 18.86%. 5. Screening: Solar energy systems will be screened from view to the extent possible without impacting their function. Systems located within the business and industrial zoning districts may be required to comply with the standards in subsection 12-1D-13-2C7 of this article where practical. The applicant states that two trees will provide natural screening from Northland Drive and the rest of the sides are buffered by trees and/or a fence. There are no trees or fences along the side (south) yard.

9 10/25/16 Planning Commission Packet - Page76 Mendota Heights Planning Commission Item Ideal Energies Solar CUP October 25, Color: Solar energy systems shall use colors that are not visually incompatible with the color of the roof material on which the system is mounted or other structures. The proposed solar panels are blue and silver. The applicant states that these colors will blend in nicely with the existing site improvements. 7. Glare: Reflection angles from collector surfaces shall be oriented away from neighboring windows and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the city may require additional screening to address glare. The proposed panels use anti-glare technology. 8. Utility Connection The applicant states that the array will meet all utility connection and safety standards. 9. Safety The applicant states that the array will meet all utility connection and safety standards. 10. Easements: Solar energy systems shall not encroach upon any public drainage, utility, roadway or trail easements. There is a 20 easement in the rear (west) yard. The project does not encroach on this easement. 11. Abandonment: Any solar energy system which remains non-functional or inoperable for a continuous period of twelve (12) months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after a demolition permit. The applicant states that this solar array should last at least 40 years, so abandonment should not be an issue. Section 12-1D-13-2C7: Alternative Energy Systems Staff have analyzed this application to approve a conditional use permit according to the information required in Section 12-1D-13-2C7: 7. Screening of Mechanical Utilities: Whenever possible, rooftop mechanical units shall be of low profile variety. All ground level and rooftop mechanical utilities, other than low profile rooftop units, shall be completely screened with one or more of the materials used in the construction of the principal structure. Where practicable, rooftop screening shall be accomplished through the use of parapet walls.

10 10/25/16 Planning Commission Packet - Page77 Mendota Heights Planning Commission Item Ideal Energies Solar CUP October 25, Although a solar energy system is not explicitly defined as a mechanical utility, we recommend it be treated as such. The screening and security offered by a fence creates a safer and more visually cohesive site. POTENTIAL IMPACTS OF PROPOSED SOLAR ARRAYS Screening: The applicant states that two trees will provide natural screening from Northland Drive and the rest of the sides are buffered by trees and/or a fence. There are numerous trees along the east side of the property but few trees along the south side of the property. The construction of a fence on the south side of the property may be needed for additional screening. Trees: Three trees will be removed on the south side of the property for the construction of the solar array. These trees must be removed by a licensed contractor, as stated in section of the code. Color: The applicant notes that the color of the panels will be blue and silver and that these colors will blend in nicely with the existing site improvements. If proper screening is in place, there will be no impacts of the color of the panels. Glare: There will be no glare associated with the addition of solar panels. Site Coverage and Runoff: Site coverage is limited in industrial sites to manage stormwater runoff. By limiting the amount of impervious surfaces in side, rear and front yards, water is able to infiltrate into the ground. The proposed site plan limits yard coverage to less than 19%, which meets the City standard. Safety: The applicant states that the solar arrays will meet all utility connection and safety standards but does not elaborate on how these standards will be met. RECOMMENDATION We recommend that the Planning Commission recommend the approval of the conditional use permit for the construction of solar arrays on the Minnesota Knitting Mills property, with the following conditions: 1) That the applicant constructs a fence or other form of visual screening along the south side of the property, to be approved by the City Engineer. 2) That trees are removed properly in accordance to City standards, as discussed in section of the City code. 3) That the applicant provides proper utility connection and safety documentation. 4) That the applicant applies for all additional required permits including a building permit.

11 10/25/16 Planning Commission Packet - Page78 Mendota Heights Planning Commission Item Ideal Energies Solar CUP October 25, REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the conditional use permit based on the attached findings of fact. OR 2. Recommend denial of the conditional use permit based on the attached findings of fact. OR 3. Table the request, pending additional information from staff or others. FINDINGS OF FACT FOR APPROVAL Conditional Use Permit for 1450 Mendota Heights Road 1. The proposal meets the spirit and intent of the code dealing with solar energy systems. FINDINGS OF FACT FOR DENIAL Conditional Use Permit for 1450 Mendota Heights Road 1. The proposal does not meet the letter of the code regarding location of solar energy systems in the rear yard only.

12 Figure 1: MN Knitting Mills Property, Setbacks, and Easements 10/25/16 Planning Commission Packet - Page79 20 Easement 15 Setback from property line 30 Setback from buildings

13 Figure 2: Parcel and Yard Area 10/25/16 Planning Commission Packet - Page80

14 Figure 3: Rendering of Proposed Solar Panels 10/25/16 Planning Commission Packet - Page81

15 Figure 4: Proposed Site Plan 10/25/16 Planning Commission Packet - Page82

16 Figure 5: Landscaping Plan 10/25/16 Planning Commission Packet - Page83

17 10/25/16 Planning Commission Packet - Page84 Planning Case Mendota Heights Road City of 0 TA H HT SR SIB 1455 D LE SIB LE YM EM OR YM EM OR EIG 238 DO IAL IAL HW Y HW Y ME N SCALE IN FEET 316 HW Y1 3 Date: October 25, 2016 Mendota Heights HL RT O N D AN 24 DR Dakota County GIS GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, contact the City of Mendota Heights. Contact "Gopher State One Call" at for utility locations, 48 hours prior to any excavation.

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24 10/25/16 Planning Commission Packet - Page Stotts Associates Limited Partner 167 Stonebrige Rd Saint Paul Mn Great Northern Property Development 2515 Northland Dr Mendota Heights Mn Knitco Limited Partnership % President 1450 Mendota Heights Rd Mendota Heights Mn Lamar LLC %Treasurer 1255 Trapp Rd Eagan Mn Lloyds Food Products Inc % Lloyds Barbeque Company LLC 1 Hormel Pl Austin Mn Mendota Mgmt Co LLC 2515 Pilot Knob Rd Mendota Heights Mn Northland Drive Business Center LLC 2522 Northland Dr Mendota Heights Mn Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn Pilot Knob LLC 1625 Energy Park Dr Ste 100 Saint Paul Mn State of Mn - Dnr % Tax Specialist Box Lafayette Rd Saint Paul Mn State of Mn - Dot % Dir of Land Mgmt Stop John Ireland Blvd Saint Paul Mn Sun Country Real Estate Holdings LLC 1300 Mendota Heights Rd Mendota Heights Mn 55120

25 10/25/16 Planning Commission Packet - Page92 Affidavit ublicafion of State of Minnesota SS County of Dakota 1} JANINE GAFFNEY being duly sworn, on oath, says that he/ she is the publisher or authorized agent and employee of the publisher of the newspaper known SOUTH- WEST REVIEW as and has full knowledge of the facts which are stated below: A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A. 07, and other applicable laws, as amended. B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each 1 week, for OCTOBER, successive weeks; it was first published on 2016, 2 ND 20 ; day of, day of to and was thereafter printed and published on every the including, SUNDAY, the and and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ABCDEFGHIJKLMNOPQRSTUVWXYZ ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghij klmnopq rstuvwxyz Subscribed and sworn to before me on TITLE AL COORDINATO 3RD I 16 R day of OCTOBER Notary Public Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION 1) Lowest classified rate paid by per col. inch commercial users for comparable space $ 2) Maximum rate allowed by law for the above matter $ per col. inch per col. inch 3) Rate actually charged for the above matter $ 1/ 16

26 10/25/16 Planning Commission Packet - Page93 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A CONDITIONAL USE PERMIT AT 1450 MENDOTA HEIGHTS ROAD TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7: 00 P. M., or as soon as possible thereafter, on Tuesday, October 25, 2016 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider a conditional use permit request at 1450 Mendota Heights Road. This request has been assigned Planning Case number This notice is pursuant to Title 12 Zoning) of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be heard at this meeting. Lorri Smith City Clerk South- West Review: Oct. 2, 2016)