HomeMy WebLinkAboutItem 06.t
April 1, 2015 Item No. _____
NORTHERN NATURAL GAS COMPANY CONDITIONAL USE PERMIT
April 6, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Northern Natural Gas
conditional use permit and adopt the findings of fact.
Adoption of this motion will allow the installation of a 24 inch diameter high pressure gas main and a
utility receiver lot north of 210th Street.
Overview
Northern Natural Gas Company (NNG) is requesting approval of a conditional use permit to allow
installation of a 24 inch diameter high pressure gas main primarily within existing NNG private utility
easements. The new gas main would be installed between the NNG utility site (receiver lot) at
Kenrick Avenue and 215th Street, west to the Lakeville city limits. Included is the proposed
construction of a second receiver lot located north of 210th Street (CSAH 70) and adjacent to the west
Lakeville city limits. The Zoning Ordinance classifies natural gas transmission pipelines as an essential
service requiring conditional use permit approval.
The Planning Commission held a public hearing at their March 19, 2015 meeting. One resident spoke
at the public hearing. The Planning Commission recommended unanimous approval of the
conditional use permit subject to five stipulations. At the request of NNG, the Planning Commission
agreed to remove stipulation No. 5 from the March 13th planning report that would have mandated an
aligned driveway with an existing driveway south of 210th Street. Staff recommends approval of the
conditional use permit as amended.
Primary Issues to Consider
Why was stipulation No. 5 removed from the staff recommendations? NNG selected the location of the
proposed driveway to avoid a wetland area. NNG anticipates not more than one company vehicle per
week accessing the new receiver lot property. Access permits to 210th Street (CSAH 70) is administered by
Dakota County. Dakota County does not object to the proposed driveway location.
Supporting Information
• Conditional Use Permit form
• Findings of fact
• March 19, 2015 draft Planning Commission meeting minutes
• March 13, 2015 planning report
__________________________________
Frank Dempsey, AICP, Associate Planner
Financial Impact: $ None Budgeted: Y/N ____ Source: _________________________________
Related Documents (CIP, ERP, etc.): Zoning Ordinance _______________________________________________
Community Values: Economic Development Supporting a Diversified Local Economy_____________________
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 15-____
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves a conditional use permit for Northern Natural Gas Company to allow
installation of a high pressure natural gas pipeline in Sections 26, 35 and 36, Township
114, Range 21.
2. Property. The permit includes the following described properties located in the City of
Lakeville, Dakota County, Minnesota:
(See Exhibit A - Identified Properties)
3. Conditions. The permit is issued subject to the following conditions:
a) Required permits shall be obtained from the City of Lakeville and any other
affected governmental agencies prior to commencing excavation and pipeline
installation.
b) All properties affected by the pipeline installation shall be restored to original
condition upon completion of the project.
c) Landscaping shall be installed in the locations as shown on the approved
landscape plan. All spruce trees shall be a minimum of eight feet tall. The
landscape plan shall be amended prior to City Council consideration of the
conditional use permit to show minimum eight foot tall spruce trees.
d) A permit shall be approved by the Building Inspections Department prior to
installation of the chain link fence and gate around the perimeter of the receiver
lot on 210th Street. The fence shall not exceed eight feet in height. Barbed wire is
not permitted.
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e) A driveway permit will be required from Dakota County prior to installation of the
proposed new driveway onto 210th Street.
4. Termination of Permit. The City may revoke the permit following a public hearing
for violation of the terms of the conditional use permit.
5. Lapse. If within one year of the issuance of this permit the pipeline
construction has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
Dated: April 6, 2015
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 6th day of April 2015 by
Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
__________________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
On April 6, 2015 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of Northern Natural Gas Company for a Conditional Use
Permit to allow the installation of a natural gas transmission pipeline in Sections 26, 35 and 36,
Township 113, Range 21. The Planning Commission conducted a public hearing on the
proposed conditional use permit preceded by published and mailed notice. The applicant was
present and the Planning Commission heard testimony from all interested persons wishing to
speak. The City Council hereby adopts the following:
FINDINGS OF FACT
1. The affected properties are zoned OP, Office Park District, C-3, General
Commercial District, RA, Rural/Agricultural District and RAO, Rural Agricultural
Overlay District.
2. The properties are located in Planning District Nos. 6 and 10 in the
Comprehensive Land Use Plan.
3. The legal description of the property is:
(See Exhibit A - Identified Properties)
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria are satisfied.
The criteria and our findings regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
Official City Comprehensive Plan.
The proposed natural gas transmission pipeline over the subject properties is consistent
with the policies and provisions of Planning Districts 6 and 10 of the Comprehensive
Land Use Plan.
b) The proposed use is or will be compatible with future land uses of the area.
The proposed natural gas transmission pipeline will be compatible with existing
and future land uses in the area given conformance with the stipulations outlined
in the conditional use permit.
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c) The proposed use conforms with all performance standards contained in this
Code.
The proposed natural gas transmission pipeline meets all performance standards set
forth in the Zoning Ordinance given conformance to the approved conditional use
permit.
d) The proposed use can be accommodated with existing public services and will
not overburden the City’s service capacity.
The proposed natural gas transmission pipeline and related equipment will not
impact existing public services.
e) Traffic generation by the proposed use is within capabilities of streets serving
the property.
The proposed natural gas transmission pipeline will not negatively impact the
capacity of the streets serving the property.
5. The planning report dated March 19, 2015 prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: April 6, 2015
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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EXHIBIT A
PID220360025011 PID220350001014 PID220350001015 PID2203500050012
11625 – 215th Street 11701 – 215th Street
PID220350004011 PID220350005014 PID220350005013 PID2203500025014
11850 -215th Street 11900 – 210th Street 11980 – 210th Street 12070 – 210th Street
PID220350024018 PID220350025015 PID220350025016 PID220350025012
12110 – 210th Street 12150 – 210th Street 12230 – 210th Street
PID22-350026010 PID220350026041 PID220350026001 PID220350026002
12310 – 210th Street 12320 – 210th Street 12350 210th Street
PID220350026042 PID220350026030 PID220350027012 PID220350027011
12330 – 210th Street 12400 – 210th Street 12430 – 210th Street 12450 – 210th Street
PID220260052010 PID22036006018
12342 Lucerne Trail 10831 – 215th Street
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City of Lakeville
Planning Department
Memorandum
To Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: March 13, 2015
Subject: Packet Material for the March 19, 2015 Planning Commission Meeting
Agenda
Item: Conditional use permit request of Northern Natural Gas Company for Installation of
a Natural Gas Transmission Pipeline
Application Action Deadline: April 5, 2015
INTRODUCTION
A representative of Northern Natural Gas Company (NNG) has submitted an application
and plans for a conditional use permit to allow the installation of a new 24 inch diameter
high pressure gas main within an existing NNG private utility easement between the
NNG utility site (receiver lot) at Kenrick Avenue and 215th Street, west to the Lakeville city
limits. The project also includes the construction of a chain link security fenced receiver
lot located north of 210th Street (CSAH 70) and adjacent to the west Lakeville city limits.
NNG is proposing installation of the new gas main to address growing customer
demand. Zoning Ordinance Section 11-26-7 considers natural gas transmission pipelines
as an Essential Service that requires approval of a conditional use permit.
EXHIBITS
A. Application Narrative
B. Location and Zoning Map
C. Site, Alignment and Staging Area Plans (3 Pages)
D. Profile drawings of proposed road crossings (7 Pages)
E. Receiver Lot Landscape Plan
F. Sample Photo of Typical Receiver Lot
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STAFF ANALYSIS
The two original gas mains were installed within the existing private utility easement
in1960 and 1969. NNG has determined that there is adequate area within most of the
existing utility easement to install the proposed third pipeline, although some areas will
require acquisition of additional easements. The new pipeline will be a length of 1.4
miles from the existing NNG receiver lot at the northeast corner of Kenrick Avenue (CSAH
5S) and 215th Street, northwest to 210th Street (CSAH 70) near the west City limits. The
pipeline will be installed at a minimum depth of 36 inches and will be directionally bored
beneath Kenrick Avenue, Interstate 35, Keokuk Avenue and 210th Street. Between
Keokuk Avenue and 210th Street, the pipeline will be installed by open trench before
being directionally bored to the north side of 210th Street to the new receiver lot.
Nearby Land Uses: Land uses in the vicinity include undeveloped property from
Kenrick Avenue and 215th Street west to the large lot single family home properties west
of Keokuk Avenue.
Zoning. The properties in the vicinity of the proposed transmission pipeline include OP,
Office Park District, C-3, General Commercial District, RA, Rural/Agricultural District and
RAO, Rural Agricultural Overlay District.
Construction Access and Equipment Staging. NNG is proposing construction access
and equipment staging south of Keswick Loop South as shown on Page 1 of Exhibit C.
The project will include some areas of temporary workspace and some new easements
that NNG will negotiate with those affected property owners. A representative of NNG
will be present at the public hearing to answer questions related to the proposed
project.
New Receiver Lot. NNG proposes to construct a new gravel surface receiver lot on
private property on the north side of 210th Street east and west of the city limits. The
receiver lot will be in a location to allow accommodation of future planned widening of
210th Street. The receiver lot will be partially located in Lakeville and Scott County. The
portion in Lakeville will be approximately one-half acre in area. The new facility will look
similar to the receiver lot at the northeast corner of 215th Street and Kenrick Avenue but
will include landscape screening as shown on the attached landscape plan. Landscaping
will include 20 Colorado Green Spruce trees. The landscape plan shall be amended prior
to City Council consideration of the conditional use permit to note minimum trees size of
eight feet as required by the Zoning Ordinance.
Property Restoration. The project narrative submitted by NNG includes a statement
that the grounds affected by the construction will be restored to original condition upon
completion of the project.
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Performance Standards. Zoning Ordinance Section 11-26-9 establishes seven criteria
that must be met in consideration of a natural gas transmission line. The seven criteria
and a response to each are as follows:
A. All distribution lines shall be underground.
The project includes a transmission pipeline only. There are no distribution pipelines
proposed.
B. Outdoor storage of materials or equipment shall be prohibited.
Only temporary outdoor storage of construction equipment and materials will be
included. There will be no outdoor storage upon completion of the project.
C. All poles and similar type structures shall be placed in the public right of way or utility
easement unless approved as an interim use permit subject to Chapter 5 (Interim Use
Permits) of this title.
All pipeline equipment and facilities shall be located within a private utility easement or
public right of way as allowed by the appropriate government agencies.
D. All facilities shall be landscaped and screened to the extent practical and applicable
pursuant to Chapter 21 of the Zoning Ordinance.
The new receiver lot shall be landscaped according to the landscape plan approved by
the City Council.
E. The size and number of accessory buildings are to be minimized to the extent possible
and are to house only equipment directly related to the operation of the facility in
question.
No accessory buildings are proposed with this project.
F. The architectural appearance of all structures and buildings shall be in harmony with
the primary uses within the vicinity of the site.
No structures are proposed with this project. The new receiver lot will include a six foot
tall chain link security fence to enclose the equipment within the receiver lot. The Zoning
Ordinance allows a fence up to eight feet in height. The fence shall not include barbed
wire.
G. Public transit and public park and ride shelters and walkways may be located within
public right-of-way or on individual lots and shall be exempt from the setbacks required
from public rights-of-way by the zoning district in which it is located.
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No such facilities are proposed with this project.
Findings of Fact. Findings of Fact for the conditional use permit are attached.
RECOMMENDATION
Planning Department staff recommends approval of the Northern Natural Gas
conditional use permit for a natural gas transmission line subject to the following
stipulations:
1. Required permits shall be obtained from the City of Lakeville and any other
affected governmental agencies prior to commencing excavation and pipeline
installation.
2. All properties affected by the pipeline installation shall be restored to original
condition upon completion of the project.
3. Landscaping shall be installed in the locations as shown on the approved
landscape plan. All spruce trees shall be a minimum of eight feet tall. The
landscape plan shall be amended prior to City Council consideration of the
conditional use permit to show minimum eight foot tall spruce trees.
4. A permit shall be approved by the Building Inspections Department prior to
installation of the chain link fence and gate around the perimeter of the receiver
lot on 210th Street. The fence shall not exceed eight feet in height. Barbed wire is
not permitted.
5. The proposed new driveway onto 210th Street shall align with the driveway south
of 210th Street at 12450 – 210th Street.
6. A driveway permit will be required from Dakota County prior to installation of the
proposed new driveway onto 210th Street.
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EXHIBIT E
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
On March 19, 2015 the Lakeville Planning Commission met at its regularly scheduled
meeting to consider the application of Northern Natural Gas Company for a Conditional Use
Permit to allow the installation of a natural gas transmission pipeline in Sections 26, 35 and 36,
Township 113, Range 21. The Planning Commission conducted a public hearing on the
proposed conditional use permit preceded by published and mailed notice. The applicant was
present and the Planning Commission heard testimony from all interested persons wishing to
speak.
FINDINGS OF FACT
1. The affected properties are zoned OP, Office Park District, C-3, General
Commercial District, RA, Rural/Agricultural District and RAO, Rural Agricultural
Overlay District.
2. The properties are located in Planning District Nos. 6 and 10 in the
Comprehensive Land Use Plan.
3. The legal description of the property is:
(See Exhibit A - Identified Properties)
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria are satisfied.
The criteria and our findings regarding them are:
a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
Official City Comprehensive Plan.
The proposed natural gas transmission pipeline over the subject properties is consistent
with the policies and provisions of Planning Districts 6 and 10 of the Comprehensive
Land Use Plan.
b) The proposed use is or will be compatible with future land uses of the area.
The proposed natural gas transmission pipeline will be compatible with existing
and future land uses in the area given conformance with the stipulations outlined
in the conditional use permit.
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c) The proposed use conforms with all performance standards contained in this
Code.
The proposed natural gas transmission pipeline meets all performance standards set
forth in the Zoning Ordinance given conformance to the approved conditional use
permit.
d) The proposed use can be accommodated with existing public services and will
not overburden the City’s service capacity.
The proposed natural gas transmission pipeline and related equipment will not
impact existing public services.
e) Traffic generation by the proposed use is within capabilities of streets serving
the property.
The proposed natural gas transmission pipeline will not negatively impact the
capacity of the streets serving the property.
5. The planning report dated March 19, 2015 prepared by Associate Planner Frank
Dempsey is incorporated herein.
2
DATED: November 3, 2014
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
3
EXHIBIT A
PID220360025011 PID220350001014 PID220350001015 PID2203500050012
11625 – 215th Street 11701 – 215th Street
PID220350004011 PID220350005014 PID220350005013 PID2203500025014
11850 -215th Street 11900 – 210th Street 11980 – 210th Street 12070 – 210th Street
PID220350024018 PID220350025015 PID220350025016 PID220350025012
12110 – 210th Street 12150 – 210th Street 12230 – 210th Street
PID22-350026010 PID220350026041 PID220350026001 PID220350026002
12310 – 210th Street 12320 – 210th Street 12350 210th Street
PID220350026042 PID220350026030 PID220350027012 PID220350027011
12330 – 210th Street 12400 – 210th Street 12430 – 210th Street 12450 – 210th Street
PID220260052010 PID22036006018
12342 Lucerne Trail 10831 – 215th Street
4