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HomeMy WebLinkAboutItem 07 (DEA)City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: June 11, 2021 Subject: Packet Material for the June 17, 2021 Planning Commission Meeting Agenda Item: Dakota Electric Association Conditional Use Permit Application Action Deadline: July 20, 2021 INTRODUCTION Representatives of Dakota Electric Association (DEA) have submitted an application and plans for a conditional use permit to construct an electric transformer and switching substation to be located at 21075 Glade Avenue. The proposed facility would be constructed on the last remaining commercial lot within Superamerica 2nd Addition platted in 1996. Section 11-73-7.J of the Zoning Ordinance allows electric substations as essential services requiring approval of a conditional use permit in the C-2, Highway Commercial District subject to the requirements of Chapter 26 of the Zoning Ordinance. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Site Plan D. Grading Plan E. Landscaping Plan F. Cross Section Views (4 pages) G. Example Street View of Juniper Hedge Screening at 165th Street 2 Surrounding Land Uses and Zoning North – Spirit of Joy Church (RM-2 District) South –Lakeville Boulevard and Belzer Auto Dealership (C-2 District) East – Glade Avenue and Speedway Motor Fuel/Convenience Store (C-2 District) West – Single Family Home fronting 210th St., 3.8 acres (RM-2 District) STAFF ANALYSIS Dakota Electric Association is an electric power cooperative that supplies areas of Dakota, Rice, Goodhue, and Scott Counties for residential, agricultural, commercial, industrial, and other public and private customers. There are seven electric substations in Lakeville, most of which were constructed between the early 1990’s and 2014 as electric demand increased as Lakeville grew in population and development. DEA has determined that additional electrical transmission/switching station capacity is needed to serve the growing power needs within the city requiring the construction of a new facility at the proposed location. It is anticipated that site preparation would begin in 2021 and installation of the substation equipment would occur in 2022 or 2023. Due to this anticipated timeline, DEA is requesting a two-year timeframe before the conditional use permit would expire. The Zoning Ordinance states that a conditional use permit shall expire unless the project commences within one year of approval. Existing Conditions The 1.48 acre property was platted as Lot 2, Block 1, Superamerica 2nd Addition, one of four lots platted by the Superamerica motor fuel and convenience store group in 1996 for the construction of the existing motor fuel and convenience store located east of Glade Avenue. The Spirit of Joy Church north of the subject property was constructed in 1975 but was included as part of the Superamerica 2nd Addition plat in 1996 for the purpose of road right-of-way dedication and construction. A 25-foot wide Northern States Power (aka Xcel Energy) electric power utility easement and a 20-foot wide Northern Natural Gas Company easement run east and west across the south portion of the property. An Xcel Energy electric transformer and switching stat ion is located approximately 4/10ths mile to the west that was constructed in 1970 and expanded in the late 1990’s as part of the installation of the transmission line along Lakeville Boulevard toward Farmington and south along Hamburg Avenue to CSAH 70 and west toward Interstate 35. That transformer, switching station, and power lines are unrelated to the proposed DEA substation. Site Development Plans Dakota Electric Association has submitted site, grading, landscape, and sectional view plans that detail the proposed substation layout. Two paved driveway accesses are proposed onto Glade 3 Avenue. The compound area will be gravel surface consistent with other DEA substations in the city. Parking. The Zoning Ordinance does not have specific parking requirements for electric substations. There is adequate area on site for the parking of periodic maintenance vehicles. Employees will be able to access the substation and park vehicles inside the gated area. Setbacks. The C-2 District requires that structures be set back a minimum of 30 feet from the front property (Glade Avenue right-of-way) line, and 30 feet from the north, west, and south property lines. The additional setback requirements from the north and west property lines are due to the residential zoning of the adjacent properties. The electrical equipment will meet the C-2 District setback requirements. A six-foot tall chain link barbed wire security fence will enclose the property. Landscaping / Screening / Fencing. The Zoning Ordinance requires commercially zoned property developments to provide a landscaping buffer adjacent to residentially zoned properties. A continuous row of tall growing juniper shrubs will be installed along the north, west, and east boundaries. Flowering crab apple trees will be planted along the south boundary of the site south of the proposed stormwater basin. The site will be between four and eight feet lower than the property to the west and one to five feet lower than the property to the north. The juniper shrubs shall be a minimum of six feet tall at the time of planting. A sample photo of Street View adjacent to the town-office buildings on 165th Street east of Kenrick Avenue is included as Exhibit H as an example of screening with tall growing juniper shrubs similar to the ones proposed for the DEA site’s north and west elevations. A $34,000 financial security shall be submitted to guarantee installation of the site landscaping. This figure is based on the landscape installer’s estimate provided by DEA. Site Lighting. No security lighting is proposed. A city streetlight is located at the north driveway entrance. Any future security lighting shall be downcast and subject to approval of an electrical permit. Construction Schedule. DEA is requesting a two-year timeframe to commence construction on the site. Due to materials production and delivery schedules, it is possible that construction may extend beyond the conditional use permit one-year deadline. Staff recommends a two-year timeframe to commence construction from the date of City Council approval. Engineering Memorandum. A memorandum has been prepared by Christina Orlowsky, Civil Engineer, dated June 10, 2021. The memorandum describes site development, grading, and utilities as well as stormwater management. 4 RECOMMENDATION Planning Department staff recommends approval of the Dakota Electric Association amendment to Conditional Use Permit No. 94-05 subject to the following stipulations: 1. The site improvements shall be completed as identified on the site plan approved with the conditional use permit application. 2. All landscape materials shall comply with the minimum size requirements of the Zoning Ordinance. The landscape plan shall be revised to include plant sizes meeting Zoning Ordinance requirements prior to City Council consideration of the conditional use permit. A $34,000 financial security shall be submitted to guarantee installation of the site landscaping. 3. Any future security lightin g shall be downcast and subject to approval of an electrical permit. 4. The conditional use permit expiration date shall be two years from the date of City Council approval. 5. Site development shall require a stormwater maintenance agreement between Dakota Electric Association and the City. Findings of fact are attached C-2 I-2 P/OS RM-2 RSMH P/OS RST-2P/OS I-2 P/OS RS-4 RST-2 C-2SHAKESPEARE BLVD BRUTUS DR GREE NWOO DAVE GLADEAVEGOODHUE WAYGREENWOODCT CAESAR ST 210TH ST WGROMMETAVE LAKEVILLE BLVD PRIVATE RD LAKEVILLE BLVDCLEOPATRADR A NTHONY DR CEDARAVEDAKOTA ELECTRIC - 21075 GLADE AVENUE CONDITIONAL USE PERMIT ¹ EXHIBIT A 5/27/2021 Dakota County GIS gis.co.dakota.mn.us/dcgis/1/1 Dakota Electric Conditional Use Permit 20175 Glade Avenue Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Map Scale 1 inch = 430 feet 5/27/2021 EXHIBIT B EXHIBIT C EXHIBIT D PROPOSED EXHIBIT E PROPOSED EXHIBIT F PROPOSED PROPOSED PROPOSED EXHIBIT G 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA DAKOTA ELECTRIC ASSOCIATION CONDITIONAL USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On June 17, 2021 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Dakota Electric Association for a conditional use permit to allow the construction of an electric power transformer and switching station located at 21075 Glade Avenue. 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 property is located in Planning District No. 6 of the 2040 Comprehensive Land Use Plan, which guides the property for Commercial land use. 2. The subject property is zoned C-2, Highway Commercial District . 3. The legal description of the property is: LOT 2, BLOCK 1, SUPERAMERICA 2ND ADDITION 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: 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 electric power substation facility will be consistent with the policies and provisions of Planning District 6 of the 2040 Comprehensive Land Use Plan. b) The proposed use is or will be compatible with future land uses of the area. 2 The proposed electric power substation facility 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. The proposed electric power substation facility meets all performance standards set forth in the Zoning Ordinance given conformance with the stipulations outlined in the 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 electric power substation 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. The proposed electric power substation facility will not negatively impact the capacity of the streets serving the property. 5. The planning report dated June 11, 2021 prepared by Associate Planner Frank Dempsey is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit conditioned upon compliance with the planning report prepared by Frank Dempsey, Associate Planner, dated June 11, 2021. DATED: June 17, 2021 LAKEVILLE PLANNING COMMISSION BY:____________________________ Jeff Witte, Vice Chair City of Lakeville Public Works – Engineering Division Memorandum To: Frank Dempsey, Associate Planner From: Christina Orlowsky, Project Engineer McKenzie L. Cafferty, Environmental Resources Manager Copy: Zach Johnson, City Engineer John Hennen, Parks and Recreation Director Jerilyn Erickson, Finance Director Gene Abbott, Building Official Date: June 10, 2021 Subject: Dakota Electric Cedar Substation – Lot 2, Block 1, SuperAmerica 2nd Addition • Site Plan Review • Grading and Erosion Control Plan Review • Utility Plan Review BBAACCKKGGRROOUUNNDD Dakota Electric Association has submitted a site plan application for Dakota Electric Cedar Substation on Lot 2, Block 1, SuperAmerica 2nd Addition. The property is located north of and adjacent to Lakeville Boulevard, and west of and adjacent to Glade Avenue. The parent parcel is zoned C-2, Highway Commercial District. The proposed site plan application will be completed by: Applicant: Dakota Electric Association Engineer: Johnson & Scofield, Inc. SSIITTEE CCOONNDDIITTIIOONNSS The parent parcel is currently undeveloped land with trees along the southern and western portion of the lot which generally slopes from west to east. There are existing overhead electric lines along the southern portion of the lot. DDAAKKOOTTAA EELLEECCTTRRII CC CCEEDDAARR SSUUBBSSTTAATTII OONN –– LLOOTT 22,, BBLLOOCCKK 11,, SSUUPPEERRAAMMEERRIICCAA 22NNDD AADDDDIITTIIOONN SSIITTEE PPLLAANN JJUUNNEE 1100,, 22002211 PPAAGGEE 22 OOFF 44 SSIITTEE PPLLAANN The development of Lot 2, Block 1, SuperAmerica 2nd Addition includes the construction of substation structures on a crushed limestone pad, stormwater improvements, and two driveway accesses to Glade Avenue east of the site. EEAASSEEMMEENNTTSS Lot 2, Block 1, SuperAmerica 2nd Addition contains the following easements to remain with the plat. • NSP Transmission Line easement per Doc. No. 365732 • Northern Natural Gas Co. pipeline easement per Doc. No. 413881 • Perimeter drainage and utility easements SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Lakeville Boulevard Lot 2, Block 1, SuperAmerica 2nd Addition is located north of and adjacent to Lakeville Boulevard, a major collector roadway as identified in the City’s Transportation Plan. The right- of-way for Lakeville Boulevard was dedicated with the SuperAmerica 2nd Addition. Glade Avenue Lot 2, Block 1, SuperAmerica 2nd Addition is located west of Glade Avenue, a local roadway as identified in the City’s Transportation Plan. The right-of-way for Glade Avenue was dedicated with the SuperAmerica 2nd Addition plat. The development of Lot 2, Block 1, SuperAmerica 2nd Addition includes the construction of two driveway access from Glade Ave. The Applicant shall provide a security for the construction of the driveway aprons and the replacement of the existing sidewalk at the location of the accesses prior to City Council approval. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress shall be restricted to a single entrance from Glade Avenue. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS The Park Dedication fee was collected with the parent parcel and will not be required with the site plan improvements. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR The proposed site improvements do not require sanitary sewer to be extended to serve the property. DDAAKKOOTTAA EELLEECCTTRRII CC CCEEDDAARR SSUUBBSSTTAATTII OONN –– LLOOTT 22,, BBLLOOCCKK 11,, SSUUPPEERRAAMMEERRIICCAA 22NNDD AADDDDIITTIIOONN SSIITTEE PPLLAANN JJUUNNEE 1100,, 22002211 PPAAGGEE 33 OOFF 44 The Sanitary Sewer Availability Charge has been collected on the parent parcels and will not be required with the building permit. WWAATTEERRMMAAIINN The proposed site improvements do not require water service to be extended to serve the property. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Lot 2, Block 1, SuperAmerica 2nd Addition is located within subdistrict SC-12 and SC-69 of the South Creek drainage district as identified in the City’s Water Resources Management Plan. Development of the site will include the construction of one privately owned and maintained stormwater management basin. The private stormwater basin will be located on the southern end of the parcel and will treat runoff generated from the proposed improvements. Prior to the issuance of a building permit the Applicant shall sign a private maintenance agreement for the stormwater management basin and utility easement over the basin. The basin will provide water quality treatment, volume reduction and rate control of the stormwater runoff generated from the proposed site improvements. Stormwater basin designs must be reviewed by the City and be consistent with City requirements prior to the issuance of a building permit. The Applicant shall provide a security for the proposed grading, erosion control, and restoration of the site prior to City Council approval. Lot 2, Block 1, SuperAmerica 2nd Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR The proposed site is designed for stormwater to sheet drain south to the proposed privately owned and maintained stormwater management basin. The outlet control structure in the basin is proposed to connect the to an existing City storm sewer catch basin along Lakeville Boulevard, south of and adjacent to the site. The Applicant shall provide a security prior to City Council approval to ensure a proper connection is made to the existing storm sewer catch basin. The Trunk Storm Sewer Area Charge has been collected on the parent parcels and will not be required with the site plan improvements. DDAAKKOOTTAA EELLEECCTTRRII CC CCEEDDAARR SSUUBBSSTTAATTII OONN –– LLOOTT 22,, BBLLOOCCKK 11,, SSUUPPEERRAAMMEERRIICCAA 22NNDD AADDDDIITTIIOONN SSIITTEE PPLLAANN JJUUNNEE 1100,, 22002211 PPAAGGEE 44 OOFF 44 FEMA FLOODPLAIN ANALYSIS Lot 2, Block 1, SuperAmerica 2nd Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA. Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetlands on the site. TTRREEEE PPRREESSEERRVVAATTIIOONN There are no significant trees on the site. EERROOSSIIOONN CCOONNTTRROOLL The Applicant is responsible for obtaining an MPCA Construction Permit for the site as well as developing a SWPPP for the site prior to issuance of a building permit. The permit requires that all erosion and sediment BMPs be clearly outlined in a SWPPP. Changes made throughout construction must be documented in the SWPPP. All basin slopes and slopes adjacent to wetlands must have erosion control blanket installed. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Applicant. RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the site plan, grading plan, erosion control plan and utility plan for Dakota Electric Cedar Substation, subject to the requirements within this report including: 1. The Applicant shall submit a security based on their Engineer’s estimate of the items listed in this report prior to City Council Approval. 2. The Applicant shall submit as-built record drawings following the completion of this project.