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ITEM 4.1TPC The Planning Company PLANNING REPORT 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 20 March 2019 ACTION DATE: 14 April 2019 RE: Otsego —Albertville Essential Service CUP TPC FILE: 101.02 BACKGROUND ITEM 4.1 The City of Albertville operates a waste water treatment facility (WWTF) located at 63rd Street and MacIver Avenue. Effluent from the WWTF is discharged to the adjacent natural environment lake, which empties into Otsego Creek at 70th Street and travels through Otsego to the Mississippi River. In responding to MPCA requirements to reduce phosphorous discharge from its WWTF, Albertville is proposing to construct a sewer discharge pipe a length of approximately five miles from the WWTF to the Mississippi River. The proposed sewer discharge pipe is an essential utility service under the definitions adopted within Section 11-2-2 of the Zoning Ordinance. An essential service other than those operated by the City of Otsego are allowed as a conditional use by Section 11-32-5.A of the Zoning Ordinance. The City of Albertville has submitted application for approval of a conditional use permit to allow the proposed sewer discharge pipe to cross within the Riverwood Inn and Turnquist properties north of 95th Street (CSAH 39). A public hearing to consider the application has been noticed for the Planning Commission meeting on 1 April 2019 at 7:0013M. Exhibits: ■ Albertville narrative dated February 12, 2019 ■ Project location map ■ Riverwood Inn/Turnquist property map ■ Environmental Assessment Worksheet dated 3/11/19 (by reference only) ANALYSIS Sewer Discharge Pipe. The proposed sewer discharge pipe will consist of a 16 -inch PVC force main (under pressure) and 18 -inch reinforced concrete gravity flow pipe for the last 300 feet at the discharge to the Mississippi River. The route of the proposed sewer discharge pipe is as follows: ■ Along the north side of 63rd Street right-of-way to MacIver Avenue ■ Along the west side of MacIver Avenue right-of-way to 70th Street (CSAH 38) ■ Along the south side of 701h Street (CSAH 38) right-of-way to Labeaux Avenue (CSAH 19) ■ Along the west side of Labeaux Avenue (CSAH 19) to 951h Street (CSAH 39) ■ Cross 951h Street (CSAH 39) to the Mississippi River within the Riverwood Inn property The construction south of CSAH 39 is entirely within Albertville property or right-of-way owned by Wright County and Otsego. Albertville has obtained easements from Riverwood Inn and Mr. Turnquist to allow for construction of the sewer discharge pipe. Albertville intends to construct much of the sewer discharge pipe using directional boring versus an open trench. The section of the gravity sewer pipe within the Riverwood Inn property will be an open trench approximately 8 feet deep so as to ensure proper grades and continuous flow. Zoning. Essential service uses are regulated by Chapter 32 of the Zoning Ordinance. Essential service transmission lines other than those operated by the City of Otsego require approval of a conditional use permit. The subject sites are also within the Mississippi Wild Scenic and Recreational River District. Section 11-95-5.A of the Zoning Ordinance allows essential services as a permitted use within the WSRR District. Requirements. Performance standards applicable to essential service uses are established by Section 11-32-4.D of the Zoning Ordinance: Lot Requirements: All lots must meet the dimensional standards of the zoning district with respect to width, area, and structure setbacks from property lines. Parking: The site must provide for required off street parking in conformance with Chapter 21 of [the Zoning Ordinance]. 3. Building Materials: The essential service buildings must be constructed with exterior building facades that maintain a high standard of architectural and aesthetic compatibility with surrounding properties and in compliance with standards of this title. 4. Screening And Landscaping: Adequate screening and landscaping from neighboring property shall be provided in accordance with Chapter 19 of [the Zoning Ordinance]. 5. Site Access: Direct lot access from major collector or arterial streets shall be discouraged and, where possible, be provided access through shared access arrangement from an 2 existing curb cut and driveway or a neighboring use. Direct lot access from a minor collector or local street may be allowed, provided the curb cut access complies with the standards outlined in Chapter 21 of [the Zoning Ordinance]. 6. Enclosed Equipment: Unless otherwise approved by the City Council, all equipment shall be completely enclosed in a permanent structure with no outside storage. The proposed sewer discharge pipe is an underground transmission line that does not require regular access or maintenance. Performance standards related to lot requirements, access, screening, and outdoor storage are not applicable to the proposed sewer discharge pipe. Once constructed, the areas within the rights-of-way, Riverwood Inn property, and Turnquist property will be restored with natural ground cover and the location of the sewer force main will not be evident. Construction Plans. Albertville has submitted construction plans for the proposed sewer discharge pipe to the City Engineer for review. Construction of the proposed sewer discharge pipe through the Riverwood Inn and Turnquist properties is subject to review and approval by the City Engineer. Grading. Construction of the proposed sewer discharge pipe through the Riverwood Inn and Turnquist properties will include an open trench and decent of steep slopes along the Mississippi River bluff. All grading, drainage, erosion control, and site restoration measures are to be subject to review and approval of the City Engineer. Easements. Albertville has obtained utility easements from Riverwood Inn and Mr. Turnquist for the location of the proposed sewer discharge pipe. The easement documents have been recorded with Wright County to run with each property. EAW. The City of Albertville has prepared an Environmental Assessment Worksheet (EAW) for the proposed sewer discharge pipe. Preparation of the EAW is required by Minnesota Rules 4410.4300, Subp 18.13 related to wastewater systems. The Minnesota Pollution Control Agency (MPCA) is the regulatory government unit overseeing the review of the EAW and the decision as to whether an Environmental Impact Statement (EAW) is to be required. The EAW is available for review at https://www.pca.state.mn.us/eaw. Criteria. Consideration of applications for a conditional use permit is to be based upon, but not limited to, the criteria outlined in Section 11-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The 2012 Otsego Comprehensive Plan includes the following goal: Prevent impacts from development to drainageways, wetlands, shoreland, floodplains and other natural features which perform important environmental ficnctions in their natural state. Routing the discharge of the Albertville WWTF via a sewer discharge pipe will prevent impacts to Otsego Creek, which is consistent with the policies of the 2012 Otsego Comprehensive Plan. Assisting the City of Albertville with the location of the proposed sewer discharge pipe required for operation of their WWTF is also consistent with the goals and policies of the 2012 Comprehensive Plan for coordination between government entities. 2. The proposed use's compatibility with present and future land uses of the area. Comment: Once constructed the location of the sewer force main will not be evident and will not present compatibility issues with existing or future land uses. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed sewer discharge pipe complies with the performance standards of the Zoning Ordinance and City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed sewer discharge pipe will not cause traffic generation. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed sewer discharge pipe does not directly affect the services of the City of Otsego. RECOMMENDATION City staff recommends approval of a conditional use permit subject to the conditions outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a conditional use permit for the City of Albertville for construction of a sewer discharge pipe within the City of Otsego subject to the following conditions: M 1. Construction plans for the sewer discharge pipe within the City of Otsego shall be subject to review and approval of the City Engineer. 2. All grading, drainage, and erosion control issues shall be subject to review and approval of the City Engineer. B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the polices of the Comprehensive Plan and the requirements of the Zoning Ordinance. C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Adam Nafstad, City of Albertville City Administrator A,lbertville Small UWf1Q.8iq 'Ufa, Albertville Sanitary Sewer Conditional Use Narrative for The City Of Otsego February 12, 2019 Project Description: City of Albertville 5959 Main Avenue NE P. O. BOX 9 Albertville, MN 55301 (763) 497-3384 In response to the MPCA's requirement to reduce the phosphorous discharge from Municipal Waste treatment Plants, the City of Albertville has researched a variety of alternatives to meet the State's new standards. The most financially practical and long lasting alternative that is acceptable to the MPCA is to relocate Albertville's sewer discharge from Hunter's Lake / Otsego Creek to the Mississippi River. The relocation of the Albertville Sewer discharge requires the extension of a sewer force main approximately 5 miles from the Albertville waste water treatment plant to the Mississippi River. The proposed route will follow, MacIver Avenue to 70th street to CR.19 north to 95th Street. At this point the sewer will move through utility easement acquired from the owner of parcel PIDs 118-130-001-010 (Riverwood Holdings) and 118-800-132-300 (Steward Turnquist). Copies of the easements are provided. Property and Property owner information: The properties outside of Albertville include: Wright County Highway 19 rights -of- way. PID: 118-130-001-010 Street Address: 1099095 th Street NE, Otsego MN. 55326 Property Owner: Riverwood Holdings LLc. 8778 Egan Drive Savage MN. 55378 PID: 118-800-132-300 Street Address: 1101695 th Street Otsego MN. 55326 Property owner: Stewart Turnquist 1102095 th Street NE Otsego MN 55326 P:APublic Works & Engineering\W WTP\2019 Forcemain\Otsego CUP\Co. Rd. 19 SeNver narrative revised.doc City of Albertville County Road 19 Sewer Interceptor CUP Page 2 of 6 Development Application: Conditional Use Permit — Essential Services By Definition the proposed Sanitary Sewer interceptor is an essential service under the Otsego zoning ordinance: ESSENTIAL SERVICE: The erection, construction, alteration or maintenance by public utilities or Municipal departments of underground or overhead telephone, gas, electrical, communication, water or sewer transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or Municipal departments. Transmission/reception support structures and antennas shall not be considered an essential service. Chapter 32 of the Otsego Zoning Code regulates Essential Services. This Chapter stipulates that essential services not required for local distributing network requires a conditional use permit in all districts. Albertville is requesting a Conditional Use permit to allow the Sanitary Sewer force main to pass through Otsego. The submission information includes the sewer route, design elements, the acquired easement descriptions and review comment from Wright County and the MPCA. Section 11-32-5 of the Otsego zoning code outlines the following requirement for an essential Service Conditional use permit. 1) Adherence to all applicable Federal Aviation Administration (FAA) and State performance standards. Comment: The FAA is not applicable the utility will be underground. Both the MPCA and DNR will review the application and we will be subject to complying with all state conditions of approval. 2) The performance standards as specified in section 1-32-3 of this chapter are adhered to. a) Lot Requirements: All lots must meet the dimensional standards of the zoning district will respect to width, area, and structure setbacks from property lines. Comment: This standard is not applicable to the proposed sanitary utility. The proposed utility will follow the county right of way and not impact the adjoining lots. The private easements follow property lines. The size and location of the easements was worked out with the property owners so as not to interfere with the future subdivision or development on the affected properties. City of Albertville County Road 19 Sewer Interceptor CUP Page 3 of 6 b) Parking: The site must provide for required parking. Comment: This standard is not applicable to the proposed sanitary sewer main. With the exception of manholes no above ground facilities are proposed within the City of Otsego. Sewer maintenance with be conducted within the County right of way or within the private easements. c) Building Materials: Comment: With the exception of manholes the proposed sanitary sewer main will not have any above ground service buildings in the City of Otsego. d) Screening and Landscaping: Comment: The Sanitary Sewer will be an underground utility not visible to the adjoining lots abutting the utility corridor. The submitted plan sets include a landscape restoration plans addressing the restoration and landscaping upon completion of the utility installation. Albertville will abide by the landscaping and restoration comments of the MNDNR where additional requirements may be imposed as the utility enters into Mississippi Wild and Scenic River Corridor. e) Site Access: Comment: The utility Corridor will be accessed via either the County Right of way or via private easements if and when future utility maintenance is required. f) Enclosed Equipment: Comment: There will not be any permanent above ground equipment within the City of Otsego. Above ground equipment will be used during the utility maintenance and repair. 3) The procedural and review standard for conditional use permits are followed as specified in chapter 4 of the Otsego zoning code are adhered to: Comment: Albertville has submitted application, fees, and submission information in accordance with Chapter 4 of the Otsego Zoning code and following the Otsego application checklist for conditional use permits. Chapter 4, section 11-32-5 provision F outlines the following factor to be considered in evaluating a conditional use permit. a) The proposed action is consistent with the specific policies and provision of the City comprehensive plan. City of Albertville County Road 19 Sewer Interceptor CUP Page 4 of 6 Comment: In review of the Otsego comprehensive plan, the following goals and policies address non -local service utility lines and essential services. Goal #4: Coordinate facilities and services on a joint use basis between governmental units. Policies.- 1. olicies: 1. Minimize the impact of necessary utility facilities and services on surrounding uses and coordination among all utility improvement programs shall be required. 2. Require dedication of easements for utility systems and locate said easements according to uniform standards to provide for ease of access for maintenance and repair and minimal disruption of other activities or areas. 3. Locate any non -local service utility lines and essential service to minimize impact upon existing and future development. 4. Require underground installation of all new utility services, and when economically feasible, the conversion of existing overhead systems to be required. 5. Work with neighboring cities and jurisdictions for sharing of necessary utilities and services. Comment: Albertville's sewer line will be a forcemain that will not provide opportunity of joint use. However, the siting and design of this non -local pipeline attempts to comply with Otsego's comprehensive plan policies in the following manner. 1. The utility lies within the County highway right of way and private easements, the private easements follow existing lot lines so as not to interfere with future development of these sites. The utility corridor will not impact the use or appearance of adjoining properties. 2. The utility corridor will consist of established county right of way and purchased easements. The right of way and easements provide adequate size, width and configuration to accommodate future utility maintenance and repair without impacting other activities in the area. 3. The location of the utility corridor has been selected to minimize the impact on existing and future development in Otsego. 4. The utility is an underground utility. The plan submission includes the site restoration upon completion of the utility installation. City of Albertville County Road 19 Sewer Interceptor CUP Page 5 of 6 5. Due to MPCA permitting requirements, the utility does not offer opportunity for joint use. However, Albertville will work closely with Otsego, Wright County, MPCA and the MNDNR in the design, location and construction of the sewer forcemain. Additionally, the City of Albertville will allow joint use of its acquired easements for the installation of public utilities. b) The proposed use's compatibility with present and future land uses of the area. Comment: The Sanitary Sewer forcemain route follows the County Road 19 right of way through Otsego and then passes through two private properties via negotiated easements. The location and routing of this underground utility gives specific attention to minimizing incompatibility issues with adjoining properties and land uses. Wright County must approve the right of way permit. The use of this corridor does not impact the adjoining buildable properties. The private easements follow property lines and are purposely located away from existing land uses on the sites. The easement location along the property lines shall not interfere with the future subdivision or development of these lots. The underground utility will not present any visual impact on the adjoining properties. c) The proposed use's conformity with all performance standards contained within this title and other provision of this code. Comment: With the application, plan submission and this narrative the City of Albertville has attempted to design and locate the proposed Sanitary Sewer forcemain in compliance with the Otsego zoning standards for non -local essential services. The sewer project will also require right -of way permit from Wright County, Permits from MPCA and review of MNDNR. Albertville will work closely with each agency to comply with the requirements that they may impose. d) Traffic generation of the proposed use in relation to the capabilities of the street serving the property. Comment: The pipelinewill not generate traffic beyond the capacity of County Road 19 nor 95th Street. e) The proposed use can be accommodated by the existing public service and facilities and will not overburden the City's service capacity; City of Albertville County Road 19 Sewer Interceptor CUP Page 6 of 6 Comment: The proposed pipeline will be owned, maintained and repaired by the City of Albertville. This forcemain will not have Otsego connections and will not burden any of Otsego's utilities or services. CONCLUSION: This narrative is intended to supplement Albertville's Conditional Use Application and provide a general description of the project in accordance with Otsego zoning requirements. We hope that the application is complete. If you have any questions pertaining to this application or are in need of additional information please contact either Adam Nafstad, City Administrator (763) 497-3384 or Alan Brixius, Albertville City Planner (763) 957-1100. FIGURE 3 Albertville WWTP EAW Project Location BOLTON 1bErtville(D& MENK City of Albertville, MN May 2018 Real People. Real Solutions (4 i• ,����� -� � ., ,DIS. II f a �• ' •�.�,''�. �� III lop Ak 20' PROPOS ♦.'f r y�l/ � � � ;, n��l Jl `��i'�� - 1 1_,3T, .. �j; ! I I vqs Er.•[�.r . 'r yat I I 7 �I p.ry I IIY i ZU'P40POSED 5 .`. II I UIIUTY E'SEtAENP I I I '•1 � 10^E%WNG Z O r I S[\IE1,T m zm iyl I y I