HomeMy WebLinkAboutItem 06.e
November 21, 2016 Item No. _____
NORTHERN NATURAL GAS COMPANY CONDITIONAL USE PERMIT
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.
Overview
Northern Natural Gas Company (NNG) has submitted an application and plans for a conditional
use permit to allow the installation of a new utility building at an existing Northern Natural Gas
substation located at the northeast corner of 215th Street and Kenrick Avenue (CSAH 5S) at 11285
– 215th Street. The property has been used as a natural gas transmission site for more than 45
years, is a legal non-conforming use of the property, and has not received previous approval of a
conditional use permit. NNG is proposing to construct a utility shed on the property relating to
the natural gas transmission use of the property. Zoning Ordinance Section 11-26-7 considers
natural gas transmission pipelines and related facilities as an Essential Service that requires
approval of a conditional use permit.
The Planning Commission held a public hearing at their November 3, 2016 meeting. There was
no public comment. The Planning Commission recommended unanimous approval of the
conditional use permit subject to three stipulations. Staff recommends approval of the
conditional use permit.
Primary Issues to Consider
None.
Supporting Information
• Conditional Use Permit
• Findings of fact
• November 3, 2016 draft Planning Commission meeting minutes
• October 28, 2016 planning report Financial Impact: $ None Budgeted: Y☐ N ☐ Source: ______________________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________________________________ Envision Lakeville Community Values: Diversified Economic Development_______________________________________ Report Completed by: __Frank Dempsey, AICP, Associate Planner___________________________________________________
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 16-14
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
hereby approves a conditional use permit for Northern Natural Gas Company to allow the
installation of a new utility building at the natural gas transmission facility located at 11285
– 215th Street.
2. Property. The permit includes the following described property located in the City of
Lakeville, Dakota County, Minnesota:
Commencing at the Southwest corner of the NW1/4 of Section 36, Township 114
North, Range 21 West, Dakota County, Minnesota; thence East on and along the
South line of said NW1/4 a distance of 1383.6 feet; thence North 3°36' West, 83.05
feet to a point on the Easterly right of way line of old State Highway 65 now known
as Dakota County Road #5 and the point of beginning; thence continuing North
3°36' West along said Easterly right of way line 139.9 feet; thence North 89°12' East
298.0 feet; thence South 3°36' East 189.9 feet to the North right of way line of the
county road known as 215th Street West; thence South 89°12' West 123.0 feet along
said right of way line to the intersection of the North right of way line of said 215th
Street West and the Easterly right of way line of said County Road #5; thence North
75°5' West 184.33 feet to the point of beginning.
3. Conditions. The conditional use permit is issued subject to the following:
a) A building permit from the City of Lakeville is required prior to construction of the
accessory utility building.
b) The area of 215th Street right-of-way identified on Exhibit D of the October 28, 2016
planning report shall be restored to a grass surface consistent with the grass surface
in the Kenrick Avenue east ditch section. The area of turf planting shall begin at a
point measured 33 feet north of the centerline of 215th Street up to the Northern
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Natural Gas south property line between the grass ditch section on Kenrick Avenue
and the east property line. A cash security in the amount of $3,000 shall be
submitted with the building permit application to guarantee completion by June 30,
2017.
c) The gravel driveway for the Northern Natural Gas substation shall be paved from
the edge of 215th Street to the south property line when 215th Street is paved.
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 conditional use permit
construction of the utility building has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: November 21, 2016
CITY OF LAKEVILLE
BY:________________________
Matt Little, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 21st day of November 2016
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
NORTHERN NATURAL GAS CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On November 3, 2016 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 construction of a utility building at an existing natural gas substation located at
11285 – 215th Street. 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 property is located in Planning District No. 6 in the Comprehensive Land Use
Plan, which guides the property for office park uses.
2. The subject property is zoned OP, Office Park District.
3. The legal description of the property is:
Commencing at the Southwest corner of the NW1/4 of Section 36, Township 114
North, Range 21 West, Dakota County, Minnesota; thence East on and along the
South line of said NW1/4 a distance of 1383.6 feet; thence North 3°36' West, 83.05
feet to a point on the Easterly right of way line of old State Highway 65 now
known as Dakota County Road #5 and the point of beginning; thence continuing
North 3°36' West along said Easterly right of way line 139.9 feet; thence North
89°12' East 298.0 feet; thence South 3°36' East 189.9 feet to the North right of way
line of the county road known as 215th Street West; thence South 89°12' West
123.0 feet along said right of way line to the intersection of the North right of way
line of said 215th Street West and the Easterly right of way line of said County
Road #5; thence North 75°5' West 184.33 feet to the point of beginning.
4. Chapter 4 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:
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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.
Finding: The proposed natural gas transmission facility accessory building will be
consistent with the policies and provisions of Planning District 6 of the Comprehensive
Land Use Plan.
b) The proposed use is or will be compatible with future land uses of the area.
Finding: The proposed natural gas transmission facility accessory building will be
compatible with existing and future land uses in the area given conformance with
the stipulations outlined in the conditional use permit.
c) The proposed use conforms with all performance standards contained in this Code.
Finding: The proposed natural gas transmission facility accessory building 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.
Finding: The proposed natural gas transmission facility and related equipment and
buildings will not impact existing public services.
e) Traffic generation by the proposed use is within capabilities of streets serving the
property.
Finding: The proposed natural gas transmission facility will not negatively impact the
capacity of the streets serving the property.
5. The planning report dated October 28, 2016 prepared by Associate Planner Frank
Dempsey is incorporated herein.
DECISION
The City Council approves the Northern Natural Gas conditional use permit in the form
attached hereto.
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DATED: November 21, 2016
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
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City of Lakeville
Planning Department
Memorandum
To Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: October 28, 2016
Subject: Packet Material for the November 3, 2016 Planning Commission Meeting
Agenda
Item: Northern Natural Gas Company Conditional Use Permit
Application Action Deadline: December 3, 2016
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 utility building at
an existing Northern Natural Gas substation located at the northeast corner of 215th
Street and Kenrick Avenue (CSAH 5S) at 11285 – 215th Street. NNG is proposing to
construct a utility shed on the property relating to the natural gas transmission use of
the property. Zoning Ordinance Section 11-26-7 considers natural gas transmission
pipelines and related facilities as an Essential Service that requires approval of a
conditional use permit.
EXHIBITS
A. Aerial Photo Location Map (2 Pages)
B. Zoning Map
C. Property Survey
D. Site Sketch Plan
E. Site Plan
F. Floor Plan
G. Building Elevation Plan
H. Right-of-Way Restoration Area Map
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STAFF ANALYSIS
NNG has owned the subject property since the 1960’s when the first natural gas
transmission pipes were installed. Improvements have been made over the years in
terms of additional pipelines within the easement corridor and small utility buildings on
the substation property. There is no record of any previous conditional use permits
being approved for the development of this substation site. A conditional use permit
was approved to allow installation of additional transmission line equipment from this
location to the west City limits in 2015.
Surrounding Land Uses and Zoning:
North – Undeveloped agricultural property (OP District)
South – 215th Street (unimproved) and Manders Diesel (OP District)
East – Undeveloped agricultural property (OP District)
West – Kenrick Avenue (CSAH 5S) and agricultural property (C-3 District)
Property or Use Non-Conformities. Section 11-4-7.Q of the Zoning Ordinance requires
that any of the property’s zoning non-conformities be identified and eliminated when a
conditional use permit is requested. Section 11-15 of the Zoning Ordinance further
provides conditions under which non-conforming buildings, structures and uses are
operated and maintained. The Zoning Ordinance further requires that any legal non-
conforming use or structure require a conditional use permit for any change or
intensification.
The proposed new utility building will be located within the fenced area of the NNG
substation site. The property is surfaced with Class V crushed limestone consistent with
other such utility facility sites. The existing metal accessory structures within the
substation site will remain unchanged.
There is a large area of 215th Street right-of-way adjacent to the south side of the
substation property (approximately 9,500 square feet in area, excluding the driveway
access) that has been covered in Class V gravel since the substation was constructed in
the 1960’s. A stipulation of the conditional use permit will require that the area of 215th
Street right-of-way adjacent to the NNG property be restored to grass consistent with
the adjacent Kenrick Avenue ditch section. The area of turf planting shall begin at a
point measured 33 feet north of the centerline of 215th Street up to the Northern Natural
Gas south property line between the grass ditch section on Kenrick Avenue and the east
NNG property line. A cash security in the amount of $3,000 shall be submitted to
guarantee completion by June 30, 2017.
An unpaved driveway access leads into the substation property. Properties without
paved driveways that abut an unpaved road are not required to pave their driveways. A
stipulation of the conditional use permit will require that the driveway to the substation
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be paved in compliance with Zoning Ordinance requirements at the time 215th Street is
paved.
There is no landscape screening in place on the substation property. The existing chain
link fence that encloses the substation is located on the property line and there is not
sufficient room for landscaping within the confines of the substation property.
Performance Standards. Zoning Ordinance Section 11-26-9 establishes seven criteria
that must be met in consideration of a natural gas transmission facility. The seven
criteria and a response to each are as follows:
A. All distribution lines shall be underground.
All gas transmission lines are underground.
B. Outdoor storage of materials or equipment shall be prohibited.
Only temporary outdoor storage of construction equipment and materials are proposed.
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.
This requirement pertains to the transmission pipeline, not the substation. All gas
transmission equipment and facilities shall be located within the existing fenced area of
the property.
D. All facilities shall be landscaped and screened to the extent practical and applicable
pursuant to Chapter 21 of the Zoning Ordinance.
The new equipment building will be located within the existing fenced area. There is no
room on the property to install landscape screening to reduce the n0n-conforming
screening condition of the property. Additional green space will be created upon
completion of the 215th Street/Kenrick Avenue right-of-way turf restoration as a
stipulation of the conditional use permit.
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.
There are currently six accessory buildings on the property that are used to provide
transmission gas services. Aerial photos of the property show that there have been six
detached accessory buildings on the property since at least 1991. The new 409 square
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foot accessory building will be the seventh accessory building on the property. The new
building will meet setback requirements.
F. The architectural appearance of all structures and buildings shall be in harmony with
the primary uses within the vicinity of the site.
The pre-existing detached accessory buildings on the property are metal structures. The
new accessory building will be 10’11” tall at the peak and will measure 18”6” wide by 22’
long. The building will be sided with brick in compliance with the exterior material
requirements in the OP, Office Park District.
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.
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 facility accessory building subject
to the following stipulations:
1. A building permit from the City of Lakeville is required prior to construction of the
accessory utility building.
2. The area of 215th Street right-of-way identified on Exhibit D shall be restored to a
grass surface consistent with the grass surface in the Kenrick Avenue east ditch
section. The area of turf planting shall begin at a point measured 33 feet north of
the centerline of 215th Street up to the Northern Natural Gas south property line
between the grass ditch section on Kenrick Avenue and the east property line. A
cash security in the amount of $3,000 shall be submitted with the building permit
application to guarantee completion by June 30, 2017.
3. The gravel driveway for the Northern Natural Gas substation shall be paved from
the edge of 215th Street to the south property line when 215th Street is paved.
EXHIBIT A
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210 TH ST W
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215TH ST W
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K E O K U K A V E K E N R IC
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NORTHERN NATURAL GAS
CONDITIONAL USE PERMIT
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G