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ITEM 4.1 W-H CUP10 ots,Y.17 o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 9 May 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.1— W-H CUP AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a conditional use permit for development of an electricity distribution substation. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. Held by Planning Commission 2 May 2016. BACKGROUND/JUSTIFICATION: Wright Hennepin Cooperative Electric Association (Wright -Hennepin) received approval of a conditional use permit (CUP) for development of an electric substation to be located on a 1.6 acre parcel located along 601h Street between Oakwood Avenue and Packard Avenue from the City Council on 25 September 2006. The electric substation is needed to meet future service needs within the east urban service expansion areas designated by the Comprehensive Plan and areas of the City of St. Michael to the south. The CUP included a condition that the substation be constructed by 31 December 2010, or the CUP would expire for non-use. Wright -Hennepin applied for an amendment to the CUP to extend the construction deadline to 21 December 2015, which was approved by the City Council on 25 October 2010. The electric substation has not been constructed to date and the CUP expired in accordance with the conditions of approval. Wright -Hennepin is requesting approval of the same conditional use permit as the facility is still required to meet anticipated future electric service demand in the area. The Planning Commission held a public hearing to consider the applications on 2 May 2016 at 7:OOPM. Mr. Wayne Bauernschmitt of Wright - Hennepin was present as the applicant. Mr. William Sauser, who owns the adjacent property to the east objected to the proposed use as not compatible with his property. The Planning Commission asked about the size of the facility in comparison to the existing substation along CSAH 39 within the City. Mr Bauernschmitt said this facility would be smaller. The Planning Commission had no concerns regarding the proposed facility. The public hearing was closed and the Planning Commission voted 7-0 to recommend approval subject as outlined in the attached findings of fact. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Planning Report dated 22 April 2016 B. Findings of Fact POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve a conditional use permit for Wright -Hennepin Electric Cooperative allowing development of an electricity distribution substation subject to the conditions outlined in the findings of fact and decision dated May 3, 2016. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA o NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 65303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP RE: Otsego — Foster Lake Substation CUP REPORT DATE: 22 April 2016 ACTION DATE: 5 June 2016 TPC FILE: 101.02 BACKGROUND Wright Hennepin Cooperative Electric Association (Wright -Hennepin) received approval of a conditional use permit (CUP) for development of an electric substation to be located on a 1.6 acre parcel located along 601h Street between Oakwood Avenue and Packard Avenue from the City Council on 25 September 2006. The electric substation is needed to meet future service needs within the east urban service expansion areas designated by the Comprehensive Plan and areas of the City of St. Michael to the south. The CUP included a condition that the substation be constructed by 31 December 2010, or the CUP would expire for non-use. Wright -Hennepin applied for an amendment to the CUP to extend the construction deadline to 21 December 2015, which was approved by the City Council on 25 October 2010. The electric substation has not been constructed to date and the CUP expired in accordance with the conditions of approval. Wright -Hennepin is requesting approval of the same conditional use permit as the facility is still required to meet anticipated future electric service demand in the area. A public hearing has been noticed for the Planning Commission meeting on 2 May 2016 at 7:00 PM to consider approval of a CUP for the proposed electric substation. Exhibits: A. Site location B. Project Narrative C. Grading, Drainage and Erosion Control Plan dated 10/12/06 ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for future low density residential development at the southwest corner of Urban Service Expansion Area E2. City staff would not expect sanitary sewer and water utilities to be available to the eastern portions of the E2 area for at least 10 years based on the amount of developable land within the current sewer district and adopted sewer staging plan. Development of essential services such as the substation that are needed to support existing and planned future uses is promoted by the Comprehensive Plan as part of the City's growth management policies. As such, acquisition of the subject site and planned development of the proposed substation is consistent with the intent and policies of the Comprehensive Plan. Zoning. The subject site is zoned A-1 District. Essential services are allowed in this district as a conditional use subject to the specific performance standards outlined in Section 20-32-4 of the Zoning Ordinance. Essential services such as the proposed substation are incidental to and required by the existing and planned growth occurring within the City of Otsego and City of St. Michael. Section 20-4-5 of the Zoning Ordinance requires utilization of a conditional use permit within one year from the date of approval or the permit expires. The applicant has requested a five year period for construction of the proposed substation based on current and estimated future demand for electric service. Given the need for the applicant to acquire a site for a future substation in advance of actual demand, the request for the extension is appropriate. Surrounding Land Uses. The subject site is surrounded by the following existing/planned uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Ag field East LD (LQ Residential A-1 District Ag field South - St. Michael LD Residential Ag field West LD Residential A-1 District Ag field The proposed substation will be surrounded in the future by planned low density residential neighborhoods. The site will be screened from the future neighborhoods in Otsego to the west, north and east by an existing wetland and landscaping that was installed around the substation site after the 2006 approval. Future neighborhoods to the south in St. Michael will be separated from the proposed substation by 601h Street, which is a planned collector street by the separate Otsego, St. Michael, and Northeast Wright County Transportation Plans, and screened by landscaping also installed in 2006. The location of the site and approved landscaping will be adequate to ensure compatibility of the substation with surrounding future uses. Lot Requirements. The proposed substation is to be developed upon a 1.6 acre parcel subdivided in 2006 from a surrounding 80 acre tract and is physically separated from the adjacent properties by a large wetland. Section 20-32-5.13 of the Zoning Ordinance allows sites reserved for essential services to be less than the specified dimensions required by the Zoning District in which they are located as a conditional use and such approval was made by the City 2 Council on 25 September 2006. The conditions for allowing a lot with less than the dimensions required by the Zoning District are that a deed restriction was recorded on the lot prohibiting sale or transfer of the property for a use other than an essential service and that all setbacks are met. The table below illustrates proposed setbacks for the proposed substation site, which complies with applicable setbacks: 60th Street East West North Required 30ft. loft. loft. 50ft. Proposed 30ft. loft. 139ft. 55ft. Access. 60th Street is currently a gravel surface roadway within a 66 foot prescriptive easement. The site plan provides 40 feet of right-of-way for the north half of 60th Street to allow for a future upgrade to an urban collector street when traffic warrants. Access to the site will be off of one 24 foot wide driveway to 60th Street. The design of the driveway from the existing rural section street must conform to the specifications established by the Engineering Manual and is subject to approval by the City Engineer. Off -Street Parking. The Zoning Ordinance requires provision of off-street parking for vehicles anticipated to be at the site. Traffic generated by the site is anticipated to be limited to occasional service vehicles. There is sufficient space within the gated area of the site just off of the driveway access to accommodate vehicle parking. Section 20-21-4.H.12 of the Zoning Ordinance allows gravel surfaced parking areas and driveways for essential services. Security. The proposed substation is to be surrounded by a chain link fence. The fence is setback 10 feet from the south and east property lines, 120 feet from the west property line and 36 feet from the north property line. No details regarding construction of the fence are specified. Section 20-19-4.H of the Zoning Ordinance allows the proposed fence to be eight feet tall with barbed wire on arms projecting into the property not lower than seven feet above grade. Structures. The structures at the proposed substation will consist of two tower facilities and two 570 square foot equipment buildings. A photo submitted of a similar substation site shows these buildings to be one story structures with metal roofs and siding. The equipment buildings must be constructed of concrete block or other masonry materials as required by Section 20- 17-4 of the Zoning Ordinance. A metal roof is allowed. Screening. The Zoning Ordinance requires that essential services be screened from view of adjacent properties. A landscaping plan to install five gallon Dogwood shrubs along the south, east and northeast sides of the subject site and six foot black hills spuce trees along the west, north and east sides of the site was approved with the CUP in 2006. The applicant has installed those plantings to the west, north and east of the substation that would not interfere with construction of the site so as to allow them to mature in advance of the facility construction. These plantings will provide an effective screen of the site as required by the Zoning Ordinance by the time the substation is constructed. 3 Grading Plan. The applicant has submitted a grading plan for development of the proposed substation, which is subject to review and approval of the City Engineer. The grading plan illustrates the 20 foot buffer required by Section 20-16-5.E of the Zoning Ordinance at the edge of the wetland on the north side of the property. The wetland and wetland buffer is overlaid by drainage and utility easement. All grading, drainage and erosion control issues are subject to review and approval of the City Engineer. RECOMMENDATION The application for construction of an electric substation is advance planning for providing needed essential services to areas of future development within the Cities of Otsego and St. Michael in accordance with each City's Comprehensive Plan. The proposed site of the substation provides an ideal location to separate the use from future neighborhoods with additional screening to ensure compatibility. The proposed conditional use meets the applicable performance standards for essential services within an A-1 District and our office recommends approval as set forth below. POSSIBLE ACTIONS A. Motion to approve a CUP for an electric substation within an A-1 District, subject to the following stipulations: The conditional use permit shall remain valid until 31 December 2021 unless a request to extend the permit is approved in accordance with Section 20-4-5 of the Zoning Ordinance. 2. Access to the lot from 60th Street shall be subject to approval by the City Engineer. 3. The security fence shall comply with Section 20-16-8.K of the Zoning Ordinance. 5. All buildings shall comply with the material requirements of Section 20-17-4.A of the Zoning Ordinance. 6. The wetland and wetland buffer required by Section 20-17-9.E of the Zoning Ordinance shall be overlaid by drainage and utility easement. 7. All grading plans are subject to review and approval by the City Engineer. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and performance standards required by the Zoning Ordinance. C. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer W-H Foster Lake Substation Exhibit A Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy City/rownshipLimits ❑c ❑t 0 Parcels Wright -Hennepin Cooperative Electric Association Foster Lake Substation Otsego, Minnesota Wright -Hennepin Foster Lake Substation 1.0 Service Area Description Wright -Hennepin Cooperative Electric Association (W-H), headquartered in Rockford, Minnesota, provides electric service to the urban and rural areas of Wright County, Western Hennepin county, and small portions of Steams, Sherburne, Meeker, and McCleod Counties. W-H is a borrower of the Rural Utility Service (RUS) branch of the United States Department of Agriculture (USDA). 2.0 Project Need and Goal W-H is proposing to construct, own, and operate a new electric substation, named the Foster Lake Substation, within the City of Otsego. The substation need was identified by W-H's consulting engineer firm, Heartland Engineering; approved by RUS as a project in W-H's 2002-2011 Long Range Plan. The substation is necessary to increase system reliability and serve the growing power demands of Otsego, particularly along the Wright County CSAH #37, and State Highway 101 and corridors in the City of Otsego. This area is presently served by W-H's Otsego, and Oakwood substations, which will approach design capacity limits in 10 years if growth trends continue. The proposed Foster Lake substation will be used primarily to serve load in the City of Otsego. The Substation will also provide emergency power feeds and improve power quality to portions of Albertville, St. Michael, and Otsego. The proposed Foster Lake substation site is located 1/8 mile East of Wright County CSAH #37 on the North side of 60t' Street NE. Construction is proposed to begin early fall of 2010, With an energization date scheduled for the spring of 2011 pending approval of the conditional use permit from the City of Otsego. Great River Energy (GRE), transmission supplier to W-H, will serve the substation via an existing adjacent 69 kilovolt (kV) transmission line, which will minimize the transmission line construction required in the area. (See depiction below). GRE long range load planning studies indicate that in 2009 the transmission line voltage will need to be upgraded from 69kV to 115kV to support the future energy demands of the area. Only minor modifications to the transmission structures and right of way will be necessary to accommodate the 115kV operating voltage. 3.0 Project Description The W-H Foster Lake substation will initially be operated at 69 kV, but will be designed to accommodate future 115 kV transmission voltage. The substation transformer will supply 15 MVA of additional capacity to the Otsego area, with emergency overload capability of 28 MVA. The site acreage and design, also allow the capability to add an additional transformer and electrical equipment, should the need arise in the future. Electrical structure and equipment will be mounted on concrete pads or piers. The perimeter of the substation is secured from the public by 1" chain link fence and is also equipped with an animal protection eave, along with three strands of barbed wire along the top of the fence. (see picture below). Substation Equipment and Fence (typical) In addition, substation sites are visited and inspected on a monthly basis by W-H technicians and line crews. W-H also monitors the substation equipment remotely via a Supervisory Control and Data Acquisition (SCADA) system and on site surveillance camera from the Rockford Operations Center. GRE will be constructing approximately 90 feet of transmission line to serve the Foster Lake substation. A typical GRE 69 kV transmission line tap structure is shown below. 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The legal description of the property is described by Exhibit A. B. The subject site is guided by the Comprehensive Plan for future low density residential land uses within the Urban Service Reserve Area. C. The subject site is zoned A-1, Agriculture Rural Service District; essential services including electricity distribution substations are allowed as conditional use subject to the requirements of Section 20-32-4 of the Zoning Ordinance. D. Evaluation of the request is to be based upon, but not limited to, the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the subject site for future low density residential development at the southwest corner of Urban Service Expansion Area E2. Development of essential services such as the substation that are needed to support existing and planned future uses is promoted by the Comprehensive Plan as part of the City's growth management policies. As such, acquisition of the subject site and planned development of the proposed substation is consistent with the intent and policies of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The proposed substation will be surrounded in the future by planned low density residential neighborhoods. The site will be screened from the future neighborhoods in Otsego to the west, north and east by an existing wetland and landscaping that was installed around the substation site after the 2006 approval. Future neighborhoods to the south in St. Michael will be separated from the proposed substation by 60fh Street, which is a planned collector street by the separate Otsego, St. Michael, and Northeast Wright County Transportation Plans, and screened by landscaping also installed in 2006. The location of the site and approved landscaping will be adequate to ensure compatibility of the substation with surrounding future uses. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed use will comply with all performance standards of the Zoning Ordinance. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed use is not anticipated to generate significant traffic and any traffic generated will be within the capacity of 60`" Street. 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 use will provide additional infrastructure support of the City's service capacity to allow for continued implementation of the Comprehensive Plan. F. The planning report dated 22 April 2016 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 2 May2016 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the requested application is hereby APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The conditional use permit shall remain valid until 31 December 2021 unless a request to extend the permit is approved in accordance with Section 20-4-5 of the Zoning Ordinance. 2. Access to the lot from 60th Street shall be subject to approval by the City Engineer. 3. The security fence shall comply with Section 20-16-8.K of the Zoning Ordinance. 4. All buildings shall comply with the material requirements of Section 20-17-4.A of the Zoning Ordinance. 5. The wetland and wetland buffer required by Section 20-17-9.E of the Zoning Ordinance shall be overlaid by drainage and utility easement. 6. All grading plans are subject to review and approval by the City Engineer. MOTION BY: SECOND BY: ALL IN FAVOR: 6 THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 9th day of May, 2016. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk