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Item 4.2 Northern Natural Gas0 OtsF TY o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 28 June 2021 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Engineer Wagner 4.2 Northern Natural Gas STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: Northern Natural Gas. Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Yes, held by Planning Commission 21 June 2021 Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. 0.09 acre parcel between Outlot C, Wildflower Meadows and Outlot C, Riverbend South abutting TH 101. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a conditional use permit allowing an essential service facility for Northern Natural Gas. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, held by Planning Commission 21 June 2021 BACKGROUND/JUSTIFICATION: Northern Natural Gas (NNG) has high-capacity natural gas transmission pipelines through Otsego that extend between the Mississippi River and 60th Street. There is a valve facility for the pipelines located on a 0.09 acre parcel between Outlot C, Wildflower Meadows and Outlot C, Riverbend South abutting TH 101. NNG is proposing to relocate the valve facility to an easement area within Outlot C, Riverbend South closer to 72nd Street for easier access. The existing valve facility will remain and be used by Centerpoint Energy as part of a local distribution pipe line. The proposed NNG transmission pipelines valve facility requires consideration of a conditional use permit. A public hearing to consider the application was held by the Planning Commission at their meeting on 21 June 2021. Mr. Steven Martinez of Northern Natural Gas attended via teleconference and agreed with the staff report. There were no public comments. The Planning Commission had no discussion regarding the request. The public hearing was closed and the Planning Commission voted 6-0 with one abstaining to approve the request. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 14 June 2021 ■ Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve a conditional use permit for Northern Natural Gas to locate an essential service facility upon Outlot C, Riverbend South. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A TPC 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: 14 June 2021 60 -DAY DATE: 20 July 2021 RE: Otsego — Riverbend South; Northern Natural Gas TPC FILE: 101.02 BACKGROUND Northern Natural Gas (NNG) has high-capacity natural gas transmission pipelines through Otsego that extend between the Mississippi River and 60th Street. There is a valve facility for the pipelines located on a 0.09 acre parcel between Outlot C, Wildflower Meadows and Outlot C, Riverbend South abutting TH 101. NNG is proposing to relocate the valve facility to an easement area within Outlot C, Riverbend South closer to 72nd Street for easier access. The existing valve facility will remain and be used by Centerpointe Energy as part of a local distribution pipe line. The proposed NNG transmission pipelines valve facility requires consideration of a conditional use permit. A public hearing to consider the application has been noticed for the Planning Commission meeting on 21 June 2021. Exhibits: ■ Site Location Map ■ Proposed Easement Exhibit ■ Building Plan ■ Site Plan ■ Grading Plan ANALYSIS Use. The subject site is zoned B-3, General Business District. Section 11-77-6.D of the Zoning Ordinance allows essential services, such as transmission pipelines, as a conditional use within the B-3 District. Performance standards for essential services are established in Section 32 of the Zoning Ordinance. Lot Requirements. Section 11-77-7 of the Zoning Ordinance establishes lot requirements and setbacks for the B-3 District, shown in the table below. The valve facility is to be developed within an easement area within the subject site. The lot and proposed site plan comply with the applicable lot requirements and setbacks of the B-3 District. Min. Lot Area Min. Lot Width Setbacks ROW East North Required 1.00ac. 200ft. 30ft. 10ft. 20ft. Proposed 4.32ac. 215ft. 40ft. 40ft. 85ft. Building. The valve facility is housed within a 456 square foot building that is one story in height with a pitched roof. The exterior materials for the proposed building are not specified but appear to be metal standing vertical seam with an indicated earth tone color. Section 11- 17-4.F.1 of the Zoning Ordinance provides exceptions for exterior finish requirements for essential service uses. This exception is based on the functional exterior finishes for some structures such as water towers. The City has utilized service buildings with masonry exterior finishes for well houses and the pressure station. This type of finish will be more compatible with the future development of the subject site and City staff recommends that this be made a condition of approval. Access. There is a driveway off of 72nd Street used to access the existing valve facility. The site plan for the relocated valve facility indicates that access will continue to come off of this driveway. We recommend that the existing driveway from the back -of -curb of 72nd Street to the north line of Outlot C, Riverbend South be paved to better control dust and drainage. This will also avoid having rock carried onto the trail along the north side of 72nd Street. The site plan for the proposed valve facility indicates a walking gate on the east side of the site and a roller fence on the south side of the site parallel to 72nd Street. The only access allowed off of 72nd Street will be at the existing curb access. The roller gate must be relocated to the east fence line with a paved driveway from the site access to the gate. Off -Street Parking. Section 11-21-8 of the Zoning Ordinance does not specify a minimum number of off-street parking stalls to be provided for essential services uses and that the Zoning Administrator is to determine the number of required stalls based upon the characteristics of the use. The valve facility is not manned except for maintenance. A paved space from the existing driveway to the proposed gate will be adequate for off-street parking needs at the facility. 2 Fence. The site plan illustrates that the proposed valve facility is to be enclosed with a perimeter fence. The submitted plans do not provide details regarding the proposed fence. Section 11-19-4.H of the Zoning Ordinance allows the proposed fence to be eight feet in height, with barbed-wire security arms at least seven feet above grade. The portion of the fence within 30 feet of the right-of-way line of 72nd Street must be chain link. A fence permit subject to review and approval by the Zoning Administrator must be issued prior to location of the fence upon the property. Landscaping. The submitted plans do not include landscaping. Section 11-32-4.D.4 of the Zoning Ordinance requires that the essential service be screened from view of adjacent properties and public rights-of-way by landscaping. We recommend that landscaping be deferred until the subject site is developed and irrigation is installed to ensure survivability of plantings intended to provide screening. Screening the essential service site will be a conditional of approval for future development of Outlot C, Riverbend North. Exterior Lighting. Section 11-16-6 of the Zoning Ordinance establishes performance standards for exterior lighting. The submitted plans do not indicate installation of exterior lighting. Any exterior light fixtures are to have a 90 degree horizontal cut-off and not cast more than 0.4 foot-candles of light at the property lines as required by Section 11-16-6.0 of the Zoning Ordinance Signs. No information is indicated to show installation of signs upon the property. Any signs to be installed must comply with Chapter 37 of the Zoning Ordinance and have a sign permit approved by the Zoning Administrator prior to installation of signs upon the property. Grading. Plans for grading, erosion control, and storm water management have been submitted for the subject site. All grading, drainage, and erosion control plans are subject to review and approval of the City Engineer. Utilities. The proposed valve facility does not include connection to City sewer or water utilities. Payment of utility availability and connection charges will be deferred until such time as Outlot C, Riverbend South is final platted for development. Criteria. Consideration of the conditional use permit is to be based upon, but not limited, to the criteria established by 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 Comprehensive Plan includes a goal to ensure adequate distribution and provide for access to all facilities and services. Although the facility is a transmission line, it is a necessary component for regional distribution of natural gas to make services available in Otsego. The proposed NNG facility is consistent with the goals of the Comprehensive Plan. 7 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is located upon an outlot planned for future commercial uses and across from an existing convenience store with motor fuel facilities. The proposed NNG facility will be compatible with existing and planned uses in the area. 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 NNG facility will comply with the performance standards of the Zoning Ordinance and Engineering Manual. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The subject site is accessed from 70th Street (CSAH 38) via 72nd Street. CSAH 38 designated as a minor arterial roadway by the Transportation Plan and 72nd Street is a local commercial street. Both roadways have adequate capacity to accommodate traffic that will be generated by the proposed NNG facility. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The subject site will not affect City service capacity. RECOMMENDATION The proposed relocation of a NNG valve facility for their existing high capacity transmission pipelines satisfies the requirements of the Zoning Ordinance. Our office recommends approval of the conditional use permit as outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a conditional use permit for an essential service facility within Outlot C, Riverbend South subject to the following conditions: 1. The utility building shall be a prefabricated structure with masonry exterior finishes subject to review and approval of the Zoning Administrator. rd 2. Access: The existing driveway from the back -of -curb of 72"d Street to the north line of Outlot C, Riverbend South be paved with asphalt or concrete, subject to review and approval of the City Engineer. b. The site plan shall be revised to locate the roller gate to the east fence line with a paved driveway from the site access to the gate. 3. The proposed fence shall comply with Section 11-19-4.1-1 of the Zoning Ordinance, subject to review and approval by the Zoning Administrator and issuance of a fence permit. 4. Screening as required by Section 11-32-4.D.4 of the Zoning Ordinance shall be be deferred until Outlot C, Riverbend South is final platted and developed. 5. All exterior lighting shall comply with Section 11-16-6.13 of the Zoning Ordinance. 6. All signs shall comply with Section 37 of the Zoning Ordinance and require approval of a sign permit by the Zoning Administrator prior to placement upon the property. 7. All grading, drainage, and erosion control plans are 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 Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. C. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney 5 Site Location Map Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy City/Township Limits ❑ c ❑ t Parcels Torrens EASEMENT EXHIBIT -FOR- "WE gorthern \, Natural Gas [L. LIrA r`v1Y/C-1 IA/11 r C71 I\ IVI V L_n vv JL.Ut L_\Jvv /-N.W. CORNER OF OUTLOT C. RIVERB£ND SOUTH ME. CORNER OF OUTLOr C, RIVERBEND SOUTH - )(FOUND 1/2 -INCH IRON PIPE /26724) (FOUND 1/2 -INCH IRON PIPE /26724) lI (N89.04'15 E WILOFLONER MEADOWS) N89 V3'02 £ 377.54 —[— N'LY LINE 01 OU 7101 C } I I I � E'LY LINE OF OUTLOT Cay I I I I I � I � \-NNG 75 -FOOT WIDE PIPELINE EASEMENT AS DEPICTED IN DOC NO. 596007-1 1�1 / ,rJ`h 589'03'02'W '•1 / 20.00,\'-` I H S89 03'02-W 150.05 - _ _ POINT OF BEGINNING- l W I I S'LY LINE OF 75 -FOOT' WILY LINE OF 20 -FOOT- NIDE PIPEUNE EASEMENT MOE U71UTY EASEMENT �I W I ryp /1\P E.• \ a I ?'\a -AT�� \ 1 \\` / - — ;70;7, LEGEND 9264 LEGEND SUMMARY • DEN07ES FOUND IRON MONUMENT AS NOTED EASEMENT AREA \pttlllillll/TT 20,185 sq. ft. / 0.4634 acres I hereby certify that this report was prepared by r supervision and that I an Land Surveyor under the: of Minnesota. Date: April 28th, 2021 c Eric A. Roeser Minnesota License No. 47476 my ' 19-06)s 0 40 80 LAND a SURVEYO�47R e SCALE IN FEET 47476 Bearings based on NAD 83, Wright County, MN grid system 1229 Tyler Street NE, Suite 100 Minneapolis. Minnesota 55413 11 PHONE: (612) 466.3300 FAX: (612) 466-3383 3n, field E Nowak, Inc. WWW.EFNSURVEY.COM COPMSORO m1s y mW R]u � Na�NG a1G d s v,yora alnca 1093 EXHIBIT "A" ST. MICHAEL #1A TBS Northern Natural Gas OUTLOT C, RIVERBEND SOUTH SECTION 26, FILE No, TOWNSHIP 121 N, RANGE 23 W. WRIGHT COUNTY, MINNESOTA SHEET 1 OF 2 t1N VKUJtUt NU. aW03Z EASEMENT EXHIBIT -FOR- -4orthern 'I Natural Gas A perpetual easement for pipeline facility purposes over, under, and across that part of the following described property, Outlot C, RIVERBEND SOUTH, Wright County, Minnesota. Sold easement is more particularly described as follows: Commencing at the northeast corner of said Outlot C; thence South 00 degrees 33 minutes 54 seconds West, bearings based on the Wright County, Minnesota coordinate system, along an easterly line of said Outlot C. a distance of 75.01 feet to the southerly line of a 75—foot wide pipeline easement, as depicted in Document No. 596007; thence South 89 degrees 03 minutes 02 seconds West, along said southerly line of a 75—foot wide pipeline easement, a distance of 20.00 feet to the westerly line of a 20—foot wide utility easement, as depicted on the plat of Riverbend South and the point of beginning of said easement to be described; thence continuing South 89 degrees 03 minutes 02 seconds West, along said southerly line of a 75—foot wide pipeline easement, a distance of 150.05 feet; thence South 00 degrees 33 minutes 54 seconds West, a distance of 150.05 feet; thence North 89 degrees 03 minutes 02 seconds East, a distance of 92.64 feet to the northwesterly right—of—way line of 72nd Street N.E; thence Northeasterly a distance of 94.01 feet, along said northwesterly right—of—way line of 72nd Street N.E. and a non—tangential curve, concave to the southeast, having a radius of 280.00 feet, a chord that bears North 38 degrees 24 minutes 02 seconds East, and a central angle of 19 degrees 14 minutes 14 seconds, to said westerly line of a 20—foot wide utility easement; thence North 00 degrees 33 minutes 54 seconds East, not tangent to last said curve, along said westerly line of a 20—foot wide utility easement, a distance of 77.67 feet to the point of beginning. EFN PROJECI NO. J`J6DL EXHIBIT "A" ST. MICHAEL #1A TBS -dorthern ,,Natural Gas FILE NO. 1229 Tyler Street NE, Suite 180 Minneapolis. (12) 466-33 55413 IMTN PHONE: (612)466-3300SECTION 'FAX:(612) 466.3383 OUTLOT C, RIVERBEND SOUTH 26, TOWNSHIP 121 N, RANGE 23 W. Egan, Field &Nowak, Inc. Ro mEi, as p':°1�++" c ,ane .•rv•vors since ,en WRIGHT COUNTY, MINNESOTA SHEET 2 OF 2 EFN PROJECI NO. 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CITY COUNCIL MEETING: 28 June 2021 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is Outlot C, Riverbend South, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the East Sewer District and is guided for commercial land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned B-3, General Business District. D. The applicant is proposing to develop an essential service facility related to natural gas transmission lines; essential services uses are allowed in the B-3 District as a conditional use. The Planning Commission and City Council must take into consideration the possible effects of the request with theirjudgment based upon (but not limited to) the criteria outlined in Section 11-3-4.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The 2012 Comprehensive Plan includes a goal to ensure adequate distribution and provide for access to all facilities and services. Although the facility is a transmission line, it is a necessary component for regional distribution of natural gas to make services available in Otsego. The proposed NNG facility is consistent with the goals of the Comprehensive Plan. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is located upon an outlot planned for future commercial uses and across from an existing convenience store with motor fuel facilities. The proposed NNG facility will be compatible with existing and planned uses in the area. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed NNG facility will comply with the performance standards of the Zoning Ordinance and Engineering Manual. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The subject site is accessed from 701h Street (CSAH 38) via 72nd Street. CSAH 38 designated as a minor arterial roadway by the Transportation Plan and 72"d Street is a local commercial street. Both roadways have adequate capacity to accommodate traffic that will be generated by the proposed NNG facility. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed facility will not affect City service capacity. The planning report dated 14 June 2021 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 21 June 2021 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 6-0 vote with one abstaining that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: The utility building shall be a prefabricated structure with masonry exterior finishes subject to review and approval of the Zoning Administrator. Access: The existing driveway from the back -of -curb of 72A Street to the north line of Outlot C, Riverbend South be paved with asphalt or concrete, subject to review and approval of the City Engineer. b. The site plan shall be revised to locate the roller gate to the east fence line with a paved driveway from the site access to the gate. 3. The proposed fence shall comply with Section 11-19-4.1-1 of the Zoning Ordinance, subject to review and approval by the Zoning Administrator and issuance of a fence permit. 4. Screening as required by Section 11-32-4.D.4 of the Zoning Ordinance shall be deferred until Outlot C, Riverbend South is final platted and developed. 5. All exterior lighting shall comply with Section 11-16-6.B of the Zoning Ordinance. 6. All signs shall comply with Section 37 of the Zoning Ordinance and require approval of a sign permit by the Zoning Administrator prior to placement upon the property. 7. All grading, drainage, and erosion control plans are subject to review and approval of the City Engineer. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 28' day of June, 2021. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: By: Audra Etzel, City Clerk 3