CY34-24

Request of ISG with permission of the property owner(s) for an amendment to the previously approved preliminary plat of Hotel Mankato Redevelopment plat and for final plat approval for Hotel Mankato Redevelopment plat. The subject properties are described as Lot 1, Block 1, Key City Renewal Fifth Addition; and, the easterly 102.5 feet of the Northerly 23 feet of Lot 9 and the Easterly 102.5 feet of Lot 10, Block 14, City of Mankato; and All that part of the north – south running alley dedicated in Block 14, Map of Mankato, according to the recorded plat thereof, lying north of the Westerly extension of the north line of Lot 7, Block 14, Map of Mankato, according to the recorded plat thereof, City of Mankato, Blue Earth County, Minnesota, EXCEPT the west half of said alley adjacent to Lots 3 and 4, Block 14, Map of Mankato; and, The Westerly 55 feet of the Northerly 99 feet of Lots 9 and 10, Block 14, Map of Mankato; and, Commencing at the Southwest Corner of Lot 9, Block 14, Map of Mankato, on the east line of the alley running on the west side of said Lot 9, running thence in a southeasterly direction and at right angles with said alley 55 feet, thence in a northeasterly direction and at right angles with said last mentioned line 33 feet; thence in a northwesterly direction and at right angles with last described line 55 feet and thence in a southwesterly direction and at right angles with said last described line 33 feet to the place of beginning; and, Lot 8, Block 14, Map of Mankato, except the Southerly 6 feet of the Easterly 60 feet; and, The Southerly 43 feet of the Easterly 102 1/2 feet of Lot 9, Block 14, Map of Mankato; and, Beginning at the Southwesterly corner of Lot 8, Block 14, Map Of Mankato, according to the recorded plat thereof; thence easterly 66.00 feet along the southerly line of said Lot 8 to a point on the northerly extension of the westerly line of Lot 4, Spencer's Subdivision Of Lots 6 And 7 In Block 14 Mankato, according to the recorded plat thereof; thence southerly along said northerly extension 12.00 feet to the northwesterly corner of said Lot 4; thence westerly along the westerly extension of the northerly line of said Lot 4 to the westerly line of said Block 14; thence northerly along the westerly line of said Block 14 to the point of beginning; and, All that part of the 12.00 foot alley dedicated per the Spencer's Subdivision Of Lots 6 And 7 In Block 14 Mankato, according the recorded plat (alley being now vacated per recorded document 600CR931) described as follows: Being bound on the west by the northerly extension of the west line of Lot 4 of said Spencer's Subdivision; and, Being bound on the east by a line being 60.00 feet west of the northerly extension of the easterly line of said Spencer's Subdivision (101 E. Main, 121 and 123 E. Main, and 118 S. 2nd Street).

Ms. Westman presented the staff report and reported the following recommended     findings in relation to the amended preliminary plat and final plat:
 

1. General Requirements
   1. The site is designed in conformance with the location and widths of streets as no changes are proposed to the streets, the general drainage situation, lot sizes and arrangement.
   2. Drainage study information has been submitted to the City Engineer to verify compliance with the City drainage requirements, and recommended conditions of approval are included for the preliminary plat relative to the drainage and storm sewer system. 
2. Streets
   1. There are no proposed changes to the public street width or public road right of way associated with the proposed plat.
   2. The applicant has received approval for the vacation of a portion of the existing public alley that traverses the proposed development property. 
3. Easements
   1. The preliminary plat does not dedicate new easements as the buildings and structures encompass a large portion of the lot to the property line in several locations.
   2. The existing private telephone easement on the subject site will be vacated privately by the easement holder. 
   3. The other existing easements on the site are proposed to remain.  
4. Block Standards
   1. The one block, one lot subdivision within the subdivision was designed for the intended end use as an urban redevelopment that includes two hotels.
5. Lot Standards
   1. The lots within the subdivision are intended for central business district core development. The lots are designed in conformance with the standards set forth in Chapter 10.
   2. The concept plans submitted for the commercial development depict areas for off-street parking and conditions are included with the approvals that require participation in the Downtown Parking District. The current request reduces the parking by 100 stalls from the previous approval. 
   3. The concept plans submitted for the redevelopment project show off-street parking, loading and other such areas to satisfy the requirements of Chapter 10 of the Mankato City Code, which includes participation in the Downtown Parking District for the required parking not provided on the development site.    
6. Public Sites and Open Spaces
7. The applicant will not be paying a parkland dedication fee because all parcels within the plat have previously been platted. 

Ms. Westman reported that based on the findings staff recommends approval of the preliminary plat with the following conditions:

1. Drainage from the city-owned parking lot will need to be routed in such a way that lies within the parcel that it serves or in a public right-of-way. 
2. Storm sewer facilities within the area of vacation become property of the petitioner. 

Ms. Westman also reported that based on conformance with the conditions of approval for the preliminary plat, staff recommends approval of the final plat.

Chair Zehnder opened the public hearing for public comment, with no one wishing to speak, the public hearing was closed.

Mr. Wilke made a motion for approval of the preliminary plat with conditions and approval of the final plat. The motion was seconded by Mr. Meister. The motion passed unanimously.


The anticipated date of City Council action is September 9, 2024. 

CY35-24

Request by Jacob Hummer to rezone a property to R-T, Residential Transition, from B-1, Community Business District. The subject property is described as the south 80 feet of lot 13 and the east 10 feet of the south 68 feet of lot 14, Block 175, Plan of West Mankato subdivision).

Mr. Hansen presented the staff report and reported the following findings of fact:

1. The proposed zoning classification change conforms to the land use plan for the City of Mankato.
2. The continued use of the property as a single-family dwelling conforms to the     standards set forth in the Residential Transition Zoning District.
3. The proposed RT, Residential Transition zoning classification is consistent with adjacent properties and promotes areas of transition between adjacent land uses. 

Mr. Hansen reported that based on the findings staff recommends approval of the subject property from B-1, Community Business District, to R-T, Residential Transition District.

Chair Zehnder opened the public hearing for public comment, with no one wishing to speak, the public hearing was closed.

Mr. Dieken made a motion for approval of the subject property from B-1, Community Business District, to R-T, Residential Transition District. The motion was seconded by Ms. Surdy. The motion passed unanimously.

The anticipated date of City Council action is October 15, 2024. 

CY36-24

Request of Orthopaedic and Fracture Clinic for an amendment to the Planned Unit Development to allow for a use to operate outside the completely enclosed structure for an outdoor physical therapy area at the existing building within the medical campus. The subject property is described as Lot 1, Block 1, Mankato Clinic First Addition, etal (1431 Premier Drive).

Mr. Hansen presented the staff report and reported the following findings of fact:

1. The operation of the outdoor physical therapy space, as proposed, is complementary to the operation of the site as a medical clinic that provides physical therapy services.
2. The proposal does not interfere with or diminish the use of the property in the immediate vicinity. 
3. To the extent known, the property conforms with all other applicable regulations of the district, and other applicable ordinances.
4. The proposal will not jeopardize the public’s health, safety, or general welfare.
5. It is in keeping with the comprehensive planning policies of the City as amended from time to time.
6. The development of the planned unit development will conform to the approved development plan, including all proposed covenants, easements, conditions of approval, and other provisions relating onto the bulk, location, and density of permitted structures, accessory structures, parking, and other public facilities. 

Mr. Hansen reported that based on the findings staff recommends approval of the amended Planned Unit Development with the following conditions:

1. Storage of all materials, products, and equipment used in the operation of physical therapy within the outdoor synthetic turf area shall be prohibited. They must be returned to and stored entirely within an enclosed structure when not actively in use, during stated operating hours.  
2. The applicant shall provide a snow removal plan for the outdoor turf area, in conjunction with the building permit.
3. If additional lighting is proposed for the outdoor turf area in the future, it shall conform to Mankato City Code, including full-cut, fully shielded light fixtures and a lighting level of no more than 1/2-foot candle at the property line.
4. The landscaping and screening, as per the landscaping plan, shall be installed prior to operation of the outdoor turf area. 
5. Conditions and recommendations from the previously approved amendment to the Planned Unit Development that was approved on 07/08/2024 will continue to apply.

Chair Zehnder opened the public hearing for public comment, with no one wishing to speak, the public hearing was closed.

Mr. Meister made a motion for approval of the amended Planned Unit Development with conditions. The motion was seconded by Ms. Johnson. The motion passed unanimously.

The anticipated date of City Council action is September 9, 2024. 
 

CY37-24

Request of Civil Site Group, on behalf of the property owner for a certificate of design compliance for the construction of a new, approximately 5,200 square foot structure in the Highway Gateway Overlay District. The subject property is described as Lot 8, Block 1, River Hills Mall Addition (1896 Adams Street).

Ms. Westman presented the staff report and submitted the following findings of fact for the requested certificate of design compliance:
 

1. The property is located in the Highway Gateway Overlay District and the proposed value of the project exceeds $500,000.

 

2. The design of building elevations conforms to the guidelines when considered with the proposed approving conditions in the underlying district as the use of brick, CMU, EIFS, glass, and metal accents as a minor part of the overall design conforms to the standards. All sides of the building visible to the public will be treated consistently with quality materials and finishes.

Ms. Westman reported that based on the findings staff recommends approval of the certificate of design compliance with the following conditions:

1. At the time of building permit submission, all lighting cut sheets shall be provided. All lighting shall achieve Mankato City Code section 10.89 standards. 
2. At the time of building permit submission, the applicant shall provide a photometric plan that demonstrates conformance with Mankato City Code. 
3. The site shall achieve Mankato City Code franchise coloring standards. This shall include all exterior components including, but not limited to, the exterior vacuum hoses and components. 
4. Bicycle parking stalls shall be provided in conformance with Mankato City Code. 
5. At the time of building permit submission, the applicant shall provide a noise study that demonstrates conformance with Minnesota Rule 7030 noise standards. 
6. A landscaping plan conforming to Mankato City Code shall be provided at the time of building permit submission. 
7. Prior to the fabrication or procurement of signage, the applicant shall submit sign permits for review and approval. All signage shall adhere to the City Code standards. 

Chair Zehnder opened the public hearing for public comment, with no one wishing to speak, the public hearing was closed.

Mr. Wilke made a motion for approval of the certificate of design compliance with conditions. The motion was seconded by Ms. Surdy. The motion passed unanimously.

The anticipated date of City Council action is September 9, 2024. 
 

CY38-24

Request of Graham Engineering, on behalf of the property owner, for a certificate of design compliance for the construction of a new, approximately 10,700 square foot structure in the Highway Gateway Overlay District. The subject property is described as Lot 3, Block 2, Victory Commercial Park, (Blue Earth County PID R010904300021 and R010909102004).

Ms. DePrenger presented the staff report and submitted the following findings of fact:

1. The proposed use conforms with the standards set forth in the B-3 Highway Business District.
2. The proposal when including implementation of the required conditions conforms to Mankato City Code section 10.48 Highway Gateway Overlay District.

Ms. DePrenger reported that based on the findings staff recommends approval of the certificate of design compliance with the following conditions:
 

1. The applicant shall construct the building per the plans approved by the Mankato City Council.
2. Outside storage of refuse, tires, or debris shall be prohibited. 
3. The applicant shall provide bicycle parking.
4. The applicant shall upgrade the photometric plan to show lighting levels at the property line to meet the requirements set forth in the code. Lighting levels at the property line may not exceed ½ foot candle.
5. A sign permit will be required for all proposed exterior signage and shall adhere to Mankato City Code Section 10.87
6. The dumpster enclosure shall be fully screened and shall achieve Mankato City Code standards.
7.  There shall be no long-term storage of inoperable and junk vehicles on the site.
8. Landscaping shall be installed in accordance with City Code Section 10.48. 
9. The building/uses within the proposal will not be issued a certificate of occupancy until all streets and private drives are completed and approved by the City of Mankato and the intersection improvements are completed at the intersection of Victory Drive and Hazeltine Road. 

Ms. Surdy questioned if there would be any hazardous materials on site and what the containment or disposal requirements for those materials would be.

Ms. DePrenger indicated that she would have the applicant answer that question.

Denny Kiely, Graham Engineering. Denny indicated that used tires will be relocated from inside the building into a fully enclosed 45x30 metal structure that is located more than 50 feet from the primary structure. That storage facility will then be emptied as they accumulate tires.

Chair Zehnder opened the public hearing for public comment, with no one wishing to speak, the public hearing was closed.

Ms. Johnson made a motion for approval of the certificate of design compliance with conditions. The motion was seconded by Mr. Dieken. The motion passed unanimously.

The anticipated date of City Council action is September 9, 2024. 
 

CYL39-24

Request of New Energy Equity, on behalf of the property owner, for an interim use permit to allow for a one-megawatt community solar garden in the Lime Township Rural Conservation zoning district. The subject property is described as The Northeast Quarter of the Northwest Quarter, except railroad right of ways, and the Northwest Quarter of the Northeast Quarter, both in Section 29, Township 109, Range 26, excepting from said Northwest Quarter Northeast Quarter that part of said Northwest Quarter Northeast Quarter described as, beginning at a point 1315.8 feet South of the Northeast corner of Section 29-109-26, thence West 1808.8 feet to the East line of the Right of Way of the Chicago & Northwestern Railway, thence southwesterly along the said Right of Way line, 1264.6 feet, thence East 1692.3 feet to the East line of said Section 29, thence North along the section line 1249.8 feet to the place of beginning. A strip of land one (1) rod wide now used as a road, extending from East to West upon, over and across the North side of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 29, Township 109 North of Range 26 West, beginning at or near the Northeast corner of said NW1/4 NW1/4 of Sec. 29, and thence West along or near the North line of said NW1/4 NW1/4 of said Sec. 29, to the public highway known as the Mankato and St. Peter Road. The East 302.00 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 109, Range 26, Blue Earth County, Minnesota, except the South 16.5 feet thereof. Except therefrom: Part of the Northwest Quarter of the Northwest Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 109 North, Range 26 West, Blue Earth County, Minnesota described as: Commencing at the Southeast corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West (bearings are based on Blue Earth County Coordinates NAD83, 1996 Adjustment) on the south line of said Northwest Quarter of the Northwest Quarter, a distance of 78.00 feet; thence North 12 degrees 41 minutes 56 seconds East, a distance of 16.89 feet to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter and the point of beginning; thence North 12 degrees 41 minutes 56 seconds East, a distance of 589.95 feet to the westerly right of way of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 05 degrees 40 minutes 37 seconds West on said westerly right of way, a distance of 558.85 feet to the east line of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 11 minutes 26 seconds West on said east line, a distance of 19.81 to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West on said north line, a distance of 74.34 feet to the point of beginning. (23759 3^rd Avenue; Blue Earth County PID R400429200017).

Ms. Potts presented the staff report and submitted the following findings of fact for the proposed Interim Use Permit:
 

1. Use. - The proposed community solar is listed as an interim use located on Parcel Identification Number R400429200017.

2.  Prohibitions.  - The property is not located in shoreland, floodplain, or habitat areas. The site does contain wetlands, but a wetland delineation was conducted, and the project will not impact wetlands. The site is outside of any areas identified as flight zones.
3.  Maximum Size and Capacity.  - The proposed community solar facility is a 1-megawatt facility. The site encompasses approximately 7.2 acres.
4.  Standards for Community Solar Energy Systems. - The site has access via 238^th Street off of 3^rd Avenue. The applicant uses piles as the foundation.  The report documents the use of steel and concrete piles. The applicant conforms to the impervious standards of Lime Township.  The submittal for the land development permit will include documentation related to conformance with the building code. The applicant has submitted the appropriate documentation to the Blue Earth County Technical Evaluation Panel, and it has been approved.
5.  Signage.  - The applicant will only be utilizing signage required by the regulatory agency requirements.
6.  Power and Communication Lines. - The applicant has an interconnection agreement with Xcel Energy.
7.  Waste Disposal.  - The applicant will be providing portable waste facilities during construction for contractors and employees.
8.  Interconnection.  - The applicant has an interconnection agreement with Xcel Energy.
9. Decommissioning Plan.  - The applicant has submitted a decommissioning plan. The plan addresses costs for decommissioning totaling $293,916.93. The
applicant will be submitting a cash escrow or irrevocable letter of credit for the amount of approximately $367,396.16. 
10.  Noise.  - The applicant will conform to the noise standards. Suspected violations will be forwarded to the MPCA for enforcement.
11.  Electrical Codes and Standards.  - The applicant will work with the State of Minnesota on the enforcement and/or compliance with the electrical code.
12.  Minnesota State Building Code.  - The applicant will submit documentation of this with the land development permit.
13.  Maximum Height.  -  The proposed modules will range between 8 feet and 12 feet in height.
14.  Glare.  - The applicant conducted a glare study. The assessment passed the Forge Solar FAA policy adherence.
15.  Setbacks.  - The site conforms to the rear, side yard, and principal dwelling setback requirements.
16.  Security Fencing.  - The proposal will have an 8-foot fence with more than a five-inch separation from the ground.
17.  Screening.  - The applicant is not proposing a vegetative screening due to the natural barrier of trees located on the property.
18.  Inspections and Reports.  - The applicant will prepare the information for the boards and allow for inspections.
19.  Tile Lines. – Tiles lines will be identified on the submittal for the land development permit.
20.  Roads.  - The applicant will be accessing the site via 3^rd Avenue onto 238^th Street.  The applicant is currently working with Union Pacific for a private road agreement.
21.  Vegetation Requirements & Management.  – The trees on the site will not be cleared. The proposal indicates that a DNR approved pollinator seed mix will be used for the site.
22.  Inspection Fees.  - Inspection fees will be paid to the Lime Township Board per the standards in the ordinance.
23.  Natural Heritage Information System Review.  - The applicant has submitted a review of the cultural features of the site.
24.  Utility Notification.  - The utility companies were notified with the standard notification process for the interim use permit.

Ms. Potts reported that based on the findings staff recommends approval of the Interim Use Permit to allow for a community solar facility in Lime Township with the following conditions:

1. The Private Road agreement shall be completed and submitted to the Lime Township Board prior to construction beginning.
2. An updated Access Permit from the applicant shall be submitted to Blue Earth County Public Works Department prior to commencement of construction activities.
3. The applicant shall schedule a pre-inspection of 238^th Street/Road, County State Aid Highway 5, and the cartway with a Lime Township Board Supervisor or designee, and Blue Earth County designee, prior to construction.
4. The applicant shall be responsible for the maintenance and repair of 238^th Street/cartway impacted by the development of this project. The maintenance shall include providing a drivable road, per the Township standards, throughout the entire construction process and cleanup of any tracking of debris, garbage, or refuse from the site onto any adjacent roadways. 
5. Access to the site is from CSAH 5 and 238th Street and may commence after approval of the Lime Township Board prior to construction, and after Blue Earth County has issued the updated access permit.
6. Prior to construction on any site the permittee shall provide a map of all agricultural tile lines or drainage ditches on the parcel prior to construction to the Lime Township Board.
7. All staging areas, employee parking, construction parking and delivery parking shall be provided on-site in the designated area. Parking or staging on the township road or in its right-of-way is prohibited. The surface of these areas shall conform to the surfacing standards for parking areas in the Lime Township Zoning Ordinance.
8. A financial guarantee in the form of a cash escrow or irrevocable letter of credit meeting the Township’s requirements in the amount of 125% of the cost to vegetate the Community Solar Energy System area shall be submitted to the Lime Township Board. The Township shall determine the amount of the security required.
9. A financial guarantee in a form of a cash escrow or irrevocable letter of credit meeting the Township’s requirements in the amount of 125% of the estimated cost to implement the decommissioning plan, without deductions for anticipated recycling or resale compensation, shall be submitted to the Lime Township Board required. The amount of the initial bond will be $367,396.16.
10. A financial guarantee in the form of a cash escrow or irrevocable letter of credit meeting the Township’s requirements in the amount of 125% of the cost to implement the screening shall be submitted to the Lime Township Board. The Township shall determine the amount of the security required.
11. Prior to construction, the Permitee shall post a financial guarantee in the form of a cash escrow or irrevocable letter of credit meeting the Township’s requirements in the amount of 125% of the potential repair costs relating to any public roads which may adjoin the Community Solar Energy System. The Township shall determine the amount of the security required. The applicant shall be responsible for any damage caused to any public road by persons constructing, maintaining, or decommissioning the Community Solar Energy System.
12. The applicant shall submit a plan addressing the maintenance of vegetation and screening. The ground cover shall be maintained for the life of the Community Solar Energy System and continue meeting the approved installation standards, which includes filling out the established Community Solar Energy System assessment form every three (3) years.
13. The applicant shall submit the seed tags to the Township upon the completion of seeding.
14. The applicant shall conform to the landscaping and screening standards set forth in the Lime Township Code.
15. The applicant shall install any fencing a minimum of 5 inches above grade per the Lime Township Ordinance. The applicant shall not install fencing greater than 8 feet in height from the grade.
16. The applicant shall coordinate with the Lime Township Board all inspections required to occur on site.  The applicant shall submit any inspection fees to the Lime Township Board prior to scheduling any inspections.
17. The Lime Township Board reserves the right to inspect a property within seven days of notification.  The time period can be eliminated if the inspection is to address a life safety issue.
18. The applicant shall provide a refuse and waste management plan during the construction of the facility.
19. The applicant shall submit an operational report within 5 years of the approval of the interim use permit. The plan shall document energy production, maintenance activities, proposed construction activities, landscaping and screening, and address any issue.
20. The Lime Township Board reserves the right to review, amend, or revoke the interim use permit if the property is deemed out of compliance and the issue is not remedied with in a timeframe approved by the Lime Township Board.
21. The Lime Township Board reserves the right to review, amend, or revoke the interim use permit if the property is sold.
22. All site development shall conform to the approved plans and resolution. Any revisions to the plans shall first be approved by the Lime Township Board prior to any land disturbance activities or construction activities.
23. The manufacturer’s licensed engineer or a State of Minnesota licensed professional engineer shall certify in writing that the foundation and design of the solar energy system is within accepted professional standards, given local soil and climate conditions, and this shall be provided within 60 days of project completion as per Lime Township ordinances.
24. A land development permit shall be obtained prior to work commencing.
25. Prior to the issuance of a land development permit, an MPCA Construction Stormwater Permit, the final Stormwater Pollution Prevention Plan approved by the MPCA, the civil construction plans with a full drainage report and the final operation plan shall be submitted for review and approval.   
26. All site development shall conform to the approved plans and resolution. Any revisions to the plans shall first be approved by the Lime Township Board prior to any land disturbance activities or construction activities.
27. The owner and operator shall notify the Lime Township Board, or designated representative, whenever there is a change in ownership or operator.
28. This interim use permit shall become invalid unless a land development permit authorizing the work has been issued within 12 months after the final approval by the Lime Township Board.
29. The facility shall conform to the Lime Township Solar Ordinance.  Additional items included in the ordinance may be required at the time of submission of the land development. Omission of items in the conditions does not exempt the requirements from the submittal.
30. The applicant shall avoid initial disturbance to grassland areas and tree/shrub removal from May 15^th through August 15^th to avoid disturbance of nesting birds per NHIS (National Heritage Information System)
31. The applicant shall be limited to wildlife-friendly materials for erosion control mesh, when necessary, per NHIS request
32. A code compliant septic system shall be installed at the property located at 23759 3rd Avenue prior to the issuance of a construction permit.
33. If the applicant installs signage it shall conform to the Lime Township Zoning Ordinance.

Chair Zehnder opened the public hearing for public comment, with no one wishing to speak, the public hearing was closed.

Mr. Meister made a motion of approval of the Interim Use Permit to allow for a community solar facility in Lime Township with conditions. The motion was seconded by Ms. Surdy. The motion passed unanimously.

The anticipated date of Lime Township Board action is October 8, 2024