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HomeMy WebLinkAbout2023-11-09 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, November 9, 2023 6:00 P.M. I. Call to Order/Pledge of Allegiance II. Approval of Agenda III. Approve October 12, 2023 Planning Commission Meeting Minutes (1) IV. Department/Commission Liaison/ Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or comments on issues that are or are not part of the regular Agenda. Please limit comments to three minutes in length. VI. Public Hearings A. Xcel Energy: Review and consider a Conditional Use Permit request to allow a 10-foot security fence and screening for Xcel Energy Substation, located at 5789 Stagecoach Trail,N. (2) VII. New Business A. 2024 Meeting& Commission Representative Schedule (3) VIII. Old Business IX. Informational A. Upcoming Meetings (4) B. Council Representative • Tuesday, November 28, 2023 —Commissioner Van Dyke • Tuesday, January 9, 2024—Commissioner Van Denburgh X. Adjourn. 6nClatAL CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, October 12, 2023 Call to Order/Pledge of Allegiance/Welcome City Administrator Jacob Rife: Chair Van Denburgh called the meeting to order at 6:00 p.m. Present: Commissioners Freeman,Husby,Kremer and Van Dyke; City Administrator Rife, City Planner Richards, and City Councilmember Liaison Representative Liljegren. Chair Van Denburgh welcomed new City Administrator Jacob Rife, who introduced himself, sharing some of his background. II. Approval of Agenda: Commissioner Van Dyke, seconded by Commissioner Freeman, moved to approve the Agenda as presented. Carried 5-0. III. Approval of September 14, 2023 Meeting Minutes: Commissioner Freeman, seconded by Commissioner Van Dyke, moved to approve the Minutes as presented. Carried 5-0. IV. Department/Commission Liaison/Other Reports: City Councilmember Liaison Representative Liljegren noted that at their recent City Council meeting, the Council heard a presentation from Stillwater Area Schools as to the upcoming school bond referendum. V. Visitors/Public Comment: None. VI. Public Hearings: A. House Paws Home Veterinary Care: Review and consider a Conditional Use Permit request to allow a veterinarian clinic and office for House Paws Home Veterinary Care at 14231 60th St. N. Commissioner Freeman noted that, without having met the applicant, he did provide the surveying services of the site and prepared the boundary survey for it. He questioned that service creating a conflict of interest for his participating in the hearing. City Administrator Rife stated that it would be best if Freeman did rescue himself. Freeman will participate in conversation but not vote in the public hearing for the applicant's request. City Planner Richards reviewed the October 5, 2023 Planning Report, provided an issue analysis, approval conditions for consideration, and discussed the same. Commission discussion was had as to building ownership, past condition of the building and site, how recent changes to parking requirements would affect redevelopment and the sign size in relation to the building size. Planning Commission Minutes October 12, 2023 Page 2 of 3 Chair Van Denburgh opened the public hearing at 6:15 p.m. and invited the applicant to address the Commission. Madeline Fischer of House Paws introduced herself and thanked the Commission for their consideration and the City for their work. She noted that they have been working out of the home of House Paws owners since 2005 and with the increase in home pet visit for their clients,having this location is very exciting for them. She addressed questions from the Commission related to number of vans at the site,her take away from the neighborhood meeting had, type of services provided and the possibility of future expansion needs. Brad Fischer of House Paws introduced himself as a partner of House Paws and that his wife is the owner. He addressed the question of future expansion, stated that if they secure the fourth veterinarian they desire, the site and the area would likely be at maximum capacity and if an expansion were needed, it would more than likely be to another geographical location to service their clients. There being no other visitors to the public hearing, Commissioner Kremmer, seconded by Commissioner Van Dyke, moved to close the public hearing at 6:25 p.m. Carried 5 —0. Commission discussion ensued as to the conditions recommended within the Planning Report with regard to lot combination, screening, and overnight boarding restriction. Commissioner Kremer,seconded by Commissioner Van Dyke,moved to recommend City Council approval of a Conditional Use Permit for an animal clinic and a Conditional Use Permit for the number of parking stalls, subject to the conditions within the October 5, 2023 Planning Report, specifically that: 1. Phase 2 improvements to the site or any significant changes to the Phase 1 plans or use shall require an Amended Conditional use Permit. 2. The site improvements shall be completed in conformance with the site/paving plan dated August 25, 2023. 3. The driveway and parking areas shall be curbed and paved by October 1, 2025. The applicant shall provide a curb, paving and drainage/stormwater plan, subject to approval of the City Engineer. 4. The Applicant shall be required to combine Lots 7 and 8 through the Administrative Subdivision process. 5. The traffic study is subject to review and any conditions of the City Engineer. 6. The Planning Commission was favorable to the adequacy of the natural screening to the south and west of the subject site. Trees on Lot 7 shall not be removed, except with the review of the City Arborist. 7. Overnight boarding of animals and no outdoor runs for animals shall be allowed. Planning Commission Minutes October 12, 2023 Page 3 of 3 8. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties. 9. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis, so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties. 10. Animals shall be leashed or in a carrier at all times they are outside of the building. 11. Any new signage for the subject site shall be in conformance with the Zoning Ordinance and require a sign permit. 12. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Carried 4-0-1, Commissioner Freeman abstained. VII. New Business: None. VIII. Old Business: None. IX. Informational: A. Upcoming Meetings: Noted and discussed. B. Council Representative: • Tuesday, October 24, 2023 —Commissioner Freeman • Tuesday,November 28, 2023 —Commissioner Van Dyke X. Adjourn: Commissioner Freeman, seconded by Commissioner Husby, moved to adjourn at 6:33 p.m. Carried 5-0. Respectfully submitted, Julie Hultman Planning& Code Enforcement Approved by the Planning Commission: TPC3601 Thurston Avenue N, Suite 100E1nd_czLtJu_' Zj Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.42 7.0520 TPC@PlanningCo.com PLANNING REPORT TO: Jacob Rife FROM: Scott Richards DATE: November 2, 2023 RE: Oak Park Heights — Xcel Energy Substation - Conditional Use to Allow Security/Screening Fencing — 5789 Stagecoach Trail North FILE NO: 236.02 — 23.05 BACKGROUND Brian Sullivan of Xcel Energy has made an application for a Conditional Use Permit (CUP) to allow construction of a 10 foot security and screening fence at the Xcel Energy Substation, 5789 Stagecoach Trail North. The fence will be constructed of wood along the north, west and south sides of the substation with a gate at the southeast corner. At the east side of the substation a 10 foot black chain link fence will be installed. The property is zoned 0 — Open Space Conservation District in which electrical substations are a permitted use. The Conditional Use Permit is required to allow the fence height of 10 feet. Attached for reference: Exhibit 1: Project Narrative from Xcel Energy— Brian Sullivan Exhibit 2: Proposed Plan Exhibit 3: Site Pictures ISSUES ANALYSIS Project Description. The project narrative from Brian Sullivan is found as follows: Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, herein referred to as "Xcel Energy", its agents, contractors, and employees will be performing maintenance on the Electric Substation, located at 5789 Stagecoach Trail North. Work will consist of the replacement of the current fence around the substation. The work is scheduled to take place in 2024. A new 10 foot tall fence will be constructed to enhance security on the property and for the general upkeep of the fence enclosing our facility. To ensure the protection of employees, contractors, the general public, and company property and equipment, Xcel Energy has adopted measures to ensure the safe operation of our facilities. The National Electric Safety Code states in part that rooms and spaces in which electrical supply conductors or equipment are installed will be so arranged with fences, screens, partitions, or walls to minimize the entrance of unauthorized persons or interference by them with equipment inside. The electric transmission line and structures and devices that support the lines are an integral part of the delivery of electricity to our customers. The risk of interrupted service and injury is high for unauthorized access to our equipment. Only specialized and equipped personnel may enter these areas. In response to the obligation to increase security at our facilities, Xcel Energy implemented new fence standards for securing substation properties. The new standards increase the difficulty of gaining unlawful access to the substation. Analysis has shown that increasing the fence height from 8' to 10' and limiting the mesh openings to less than 1" increases the difficulty of scaling the fence, deterring unauthorized access to the property. Recent inspections by Xcel Energy identifies the need to implement security measures that will reduce the possibility of unauthorized access to our facilities. The fence improvements include a ten feet tall solid wood fence along the north, west and south sides of the substation. In addition, to security enhancements, the wood fence will provide a visual screen to the property. The east side of the property and the gates will be ten feet tall black chain link fence. The chain link will allow first responders visual site lines into the substation prior to entering the facility. The existing chain link fence around the storage area to the south side of the substation will be removed. Comprehensive Plan. The Comprehensive Plan designates this area as Industrial land use. The substation is consistent with this designation. Zoning Ordinance. The site is zoned 0 — Open Space District in which electrical substations are a permitted use. Section 401 .15 E of the Zoning Ordinance provides requirements for fencing and screening for a business or industrial use that abuts property zoned for residential use. In the case of the substation, the property to the north, west and south are zoned for residential use. The zoning to the east is Industrial. A Conditional Use Permit is required to allow for a variation from the maximum height of eight feet specified for screening fences. The Zoning Ordinance specifies either landscaping or fencing as required. In this case, where security measures are required, the fence is necessary. Xcel will remove the fencing around the storage area on the south side of the substation. That area will not be used for storage at this time. If Xcel determines the need to use this storage area again, screening and City review will be required. The criteria for review of the Conditional Use Permit are found later in this report. 2 Parking. The substation does not have employees. Parking is available within the substation facility and on the access drive to the substation. Lighting. Security lighting is provided but is not activated unless needed for emergency repairs. Any non-security lighting, if installed, shall be full cut off and comply with the Zoning Ordinance requirements. Trees/Screening. The Ordinance requires either landscaping or fencing. The Planning Commission should discuss whether landscaping could be added outside of the fence on the north and south sides of the substation. Fence. The solid wall wood fencing will be similar to what is installed at the substation located on Nova Scotia Avenue North. Note the picture added of that substation in Exhibit 3. Design Guidelines. Utility structures are not subject to Design Guideline review. Conditional Use Permit. The Conditional Use Permit criteria, found in Section 401 .03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The substation is consistent with the Comprehensive Plan. The location of the substation in a residential area requires the site to be screened. The fencing will provide the necessary screening to the north, west and south, a positive impact on the neighborhood. City Staff does not recognize any negative impact on the surrounding area if the fence is constructed to 10 feet. There are no impacts to traffic, public services, or to the City's service capacity. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the application for a Conditional Use Permit to allow construction of a 10 foot security and screening fence at the Xcel Energy Substation, 5789 Stagecoach Trail North., subject to the following conditions: 3 1. Any non-security lighting, if installed, shall be full cut off and comply with the Zoning Ordinance requirements. 2. The Planning Commission should discuss the need for any landscaping for the site. 3. If Xcel determines a need for a storage area to the south of the substation, screening and City review shall be required. 4. Xcel shall provide fence construction plans as part of the required building permit subject to City Staff review. Pc: Julie Hultman 4 Xcel Energy® RESPONSIBLE BY NATURES October 10,2023 City of Oak Park Heights 14168 Oak Park Blvd.N. Oak Park Heights, MN Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, herein referred to as "Xcel Energy", its agents, contractors, and employees will be performing maintenance on Electric Substation, located at 5789 Stage Coach Trail N . Work will consist of the replacement of the current fence around the substation. The work is scheduled to take place in 2024. A new 10 foot tall fence will be constructed to enhance security on the property and for the general upkeep of the fence enclosing our facility. To ensure the protection of employees, contractors, the general public, and company property and equipment, Xcel Energy has adopted measures to ensure the safe operation of our facilities. The National Electric Safety Code states in part that rooms and spaces in which electrical supply conductors or equipment are installed will be so arranged with fences, screens, partitions, or walls to minimize the entrance of unauthorized persons or interference by them with equipment inside. The electric transmission line and the structures and devices that support the lines are an integral part to the delivery of electricity to our customers. The risk of interrupted service and injury is high for unauthorized access to our equipment. Only specially trained and equipped personal may enter these areas. In response to the obligation to increase security at our facilities, Xcel Energy implemented new fence standards for securing substation properties. The new standards increase the difficulty of gaining unlawful access into the substation. Analysis has shown that increasing the fence height from 8' to 10' and limiting the mesh opening in chain link fences openings to less than 1" increases the difficulty of scaling the fence, deterring unauthorized access into the property. Recent inspections by Xcel Energy identified the need to implement security measures that will reduce the possibility of unauthorized access to our facilities. The fence improvements include a ten feet tall solid wood fence along the north, west and south sides of the substation, In addition to security enhancements, the wood fence will provide a visual screen to the property. The east side of the property and the gates will be ten feet tall black chain link fence. The chain link will allow first responders visual site lines into the substation prior to entering the facility. The existing chain link fence around the storage area to the south side of the substation will be removed. The fence upgrades are part of Xcel Energy's comprehensive efforts to secure the electric grid. More specific details about the fence are included for your use. If there are any unanswered questions, don't hesitate to contact me. Thank you, Brian Sullivan Siting and Land Rights Agent File; Oak Park Heights Sub Xcel Energy 414 Nicollet Mall, 06 I Minneapolis, MN 55401 P: 612.216.8083 10:612.366.0234 Email: brian.e.sullivan a(�.xcelenergv.com vkl lt Z. 1 d =r? / - I ti1 i 1 �4f '114 / i ; � liIIkl'I 9 e 1 ;I rib h 1 0 1 7 . I 1 t p „ ill ,i , it i_,r, , ft'i.:'6 i 1 1 S 11 it /.di 1 I9 i§ e� d AAAA el >i Ti DI nl i i i1 a 10 f' et ed „: `iI g it ; EE gg h ani -- I —_---- 4 L far _.. —. -.�.v.- ---.. 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An updated schedule will be provided once the City Council adopts their 2024 meeting schedule and will include any amendments made by the Commission at its November.9,2023 meeting. Also, May term culminations will change representation schedule, and will be revisited at that time. Planning Commission Commission Representative to City Council Meeting City Council Meeting Meeting January 11 Commissioner Husby January 23 February 08 Commissioner Kremer February 27 March 14 Commissioner Freeman March 26 April 11 Commissioner Van Dyke April 23 May 09 Commissioner Van Denburgh May 28 June 13 Commissioner-TBD June 25 July 11 Commissioner-TBD July 23 August 08 Commissioner-TBD August 27 September 12 Commissioner-TBD September 24 October 10 Commissioner—TBD October 22 November 14 Commissioner—TBD November 26 December 12 Commissioner—TBD January 14, 2025 CITY OF OAK PARK HEIGHTS CITY COUNCIL & COMMISSIONS MEETINGS & WORKSESSIONS All meetings take place at City Hall unless otherwise noted Thursday, November 9 6:00 p.m. Planning Commission Meeting Tuesday, November 14 6:00 p.m. City Council Meeting Monday,November 20 5:30 p.m. Parks and Trails Commission Meeting Tuesday, November 28 6:00 p.m. City Council Meeting Tuesday, December 12 6:00 p.m. City Council Meeting Thursday, December 14 6:00 p.m. Planning Commission Meeting Monday, December 18 5:30 p.m. Parks and Trails Commission Meeting POLICY NOTE:Items in red are expected to be SOCIAL EVENTS in nature and not an official City Council meeting. No official action or discussion may be undertaken by City Council Members who may attend such events. The City is listing such events so as the public is generally aware that there may be occasions when City Council members may desire to attend functions that are purely social events.