HomeMy WebLinkAbout2014-07-16 PACKET 04.H. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # �
DATE 7/16/14 � s
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
*****�****�*******�**********��*************�***
COUNCIL ACTION REQUEST
Consider approving a variance to reduce the 100-foot minimum front yard setback to 53 feet
and a conditional use permit for the construction of a six-foot by eight-foot equipment building,
driveway apron, security fence, and landscaping for property located at 8450 110th Street.
STAFF RECOMMENDATION
Adopt the resolution approving the setback variance and conditional use permit.
DVISORY COMMISSION ACTION:
� PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
❑
DATE
6/23/14
REVIEWED
❑
❑
❑
❑
❑
❑
❑
APPROVED
�
❑
❑
❑
❑
❑
❑
DENIED
❑
❑
❑
❑
❑
❑
❑
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from John McCool dated 7/9/14
� RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Excerpt from unapproved minutes of 6/23/14 Planning Commission meeting
ADMINISTRATOR'S COMMENTS
� I a 1 �'
Date
**************�*********************************
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
�iiy Hammistrator
Cottage
J Grove
� Pride ana P�osperity Meet
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John McCool, Senior Planner
DATE: July 9, 2014
RE: Northern Natural Gas — 100-foot Minimum Front Yard Setback and Conditional
Use Permit for the Construction of an Equipment Building
Proposal
Northern Natural Gas, Inc., 1120 Centre Pointe Drive, Mendota Heights, has filed the following
planning applications:
1. A variance to reduce the 100-foot minimum front yard setback to allow a structure to
be 53 feet from the front property boundary line (Title 11, Chapter 8B-2); and
2. A conditional use permit for the construction of a six-foot by eight-foot equipment
building on property located at 8450 110th Street South.
Other site improvements include the construction of a six-foot tall chain link fence with three
strands of barbwire along the top of the fence around the perimeter of the leased area and con-
struction of an access drive.
The location map is shown below.
Location Map
Honorable Mayor, City Council Members and Ryan Schroeder
Northern Natural Gas — Minimum Rear Yard Setback Variance and CUP for Equip. Bldg.
July 9, 2014
Page 2 of 8
Review Process
Application Received: May 22, 2014
Acceptance of Completed Application: May 29, 2014
Tentative City Council Date: July 16, 2014
60-Day Review Deadline: July 28, 2014
Planning Commission Review
The Planning Commission held a public meeting on June 23, 2014 for Northern Natural Gas'
(NNG) variance application to reduce the 100-foot minimum front yard setback to 53 feet and a
conditional use permit for the construction of a six-foot by eight-foot equipment building on
property located at 8450 110th Street South.
Gene Smallidge explained to the Planning Commission that he rents the farmland that is owned
by 3M on three sides of the NNG site and is concerned that the planting of new shrubbery on
the east side of the NNG site will restrict his ability to access the field with his equipment.
Smallidge explained that he needs a minimum of a 24-foot wide gate access for his equipment.
The shrub plantings are proposed to be planted along the east side of NNG's lease area, thus
reducing the access width for his farm equipment. Smallidge said he had planted a native prairie
grass around the NNG leased area and requested that the same native prairie grass seed mix
be replanted after the construction is completed. Tony Stucchi, representing NNG, reported that
he met with Mr. Smallidge at the site and NNG agreed to use the same native prairie grass seed
mix used by Smallidge for the areas disturbed from their construction activities. No other oral
testimony and no written comments were received.
The field access located east of NNG's leased area is 29.5 feet wide. The five arborvitae shrubs
on the east side of NNG's lease area are proposed to be approximately five feet from the new
fence. A techny arborvitae is a pyramid shaped evergreen tree that has a maturity height be-
tween 15 to 25 feet and a spread that is between 6 to 20 feet. This type of plant is compatible
for beneath overhead utility lines. It has a long life expectancy and is a good choice for screen-
ing purposes. The proposed location of these evergreen trees will be staked so that the farmer
can confirm that the minimum 24-foot clearance exists before the trees are planted.
The Planning Commission discussed whether or not trees really needed to be planted on the
north or east sides of the NNG leased area because of the existing farm fields. Concern was
expressed for the size of the trees once they reached maturity and whether or not the trees
would survive because of herbicides that would be used on the abutting fields. The applicant
stated that NNG did not propose planting trees because of potential conflicts with their natural
gas pipelines, survivability for the plantings, and impracticability the trees/shrubbery screen will
create next to an agricultural use. The applicant stated that the tree plantings were required by
City staff and is the only reason the plantings are shown on their plans.
The Planning Commission was divided whether or not trees/shrubs should be required. Propo-
nents for requiring the trees state it is to benefit future development that could occur on the
farmland and the desire to have the trees reach maturity by the time future development
Honorable Mayor, City Council Members and Ryan Schroeder
Northern Natural Gas — Minimum Rear Yard Setback Variance and CUP for Equip. Bidg.
July 9, 2014
Page 3 of 8
occurred. Opponents did not believe future development would occur within the life-span of the
trees and did not believe this natural gas pipeline facility would deter future industrial uses.
The Planning Commission recommended (8-to-0 vote) to the City Council that a variance be
granted to reduce the 100-foot minimum rear yard setback to 53 feet and approved the condi-
tional use permit for this private utility facility based on the findings of facts and subject to the
conditions listed in the staff report, including a requirement that staff work with the applicant to
maintain the access to the farmland. An excerpt from the Planning Commission's unapproved
minutes from their June 23, 2014 meeting and the draft resolution with conditions recommended
by the Commission are enclosed.
Ordinance Requirements
The property is zoned AG-2, Agricultural District. Public utility and public service structures, in-
cluding electrical transmission lines and substations, gas regulator stations, communication
equipment buildings, pumping stations, or reservoirs are allowed as a conditional use within this
zoning district (City Code Title 11-8B-4).
The applicant is proposing to construct a six-foot by eight-foot equipment/monitoring building
near existing natural gas regulator valves. This building is proposed to be setback 53 feet from
the front property line. Because City Ordinance requires structures in the AG-2 District to set-
back a minimum of 100 feet, the applicant is also requesting a front yard setback variance.
The Planning Commission may recommend a variance from the strict application of the provi-
sion of this title, if they find that:
1. The variance is in harmony with the purposes and intent of this title.
2. The variance is consistent with the comprehensive plan.
3. The proposal puts the property to a reasonable use.
4. There are unique circumstances to the property not created by the landowner.
5. That the conditions upon which an application for a variance is based are unique to
the parcel of land for which the variance is sought and are not applicable, generally, to
other property within the same zoning classification.
6. That the purpose of the variance is not based exclusively upon a financial hardship.
Planning Considerations
Property Characteristics
Northern Natural Gas (NNG) leases from 3M (property owner) a 70-foot by 100-foot area on a
taxing parcel that is approximately 90.56 acres is size. The site is approximately one-third of a
mile east of Ideal Avenue on the north side of 110th Street. There is a windrow of trees along
the west property line of the subject property, and above-ground natural gas regulator valves
are approximately 50 feet north of the front property line. A 24-inch diameter and a 30-inch di-
ameter high pressured natural gas pipe bisect this property underground. Approximately 24 feet
separates the two natural gas pipelines. Access to NNG's natural gas facilities is from a farm
access drive located at the southeast corner of the leased area. Most of the rest of the property
is farmland.
Honorable Mayor, City Council Members and Ryan Schroeder
Northern Natural Gas — Minimum Rear Yard Setback Variance and CUP for Equip. Bldg.
July 9, 2014
Page 4 of 8
An aerial photo of the subject property and surrounding properties is shown below.
2013 Aerial Photo
2013 Aerial Showing Location of Existing Natural Gas Pipelines
Honorable Mayor, City Council Members and Ryan Schroeder
Northern Natural Gas — Minimum Rear Yard Setback Variance and CUP for Equip. Bldg.
July 9, 2014
Page 5 of 8
The illustration below shows the location of the two existing high pressure natural gas pipelines
(underground) and other ancillary valves and piping. A new chain link fence will be erected on
the west, north, and east sides of the lease area. The proposed 6-foot by 8-foot equipment/
monitoring building will be placed in the northwest corner of the site.
.�,r;� --
The photograph below shows the existing above ground natural gas pipes. The fence on the left
side of the photograph is near the 110th Street right-of-way line.
� :
'� F
�ak,. �� 1
�,
� � � i �!
` i � � � �� � ; � � � �. � .'�.
� ,f
. � ;, �� ,. lY � i � (�
� ��� � ��' �� � j � � �Y {�� Y! ` � t� � '94 �. ,�.�lJl
� � � I � � - � '+ )� � I r � + �-
1Y ' 4 { �. 1 � �� F��' 1 �l c � � f � r r� t.,.��.�;
t. 1 1 t_ 1 i! I.�1 + , L
�,��11� i �_ � ��,��� � altlFy� � ( 'i�j�ri --, � ai�� ip�l�f��.'' .y
�c_�J,F��:.�1 �� �e�:.;� � � .
Northern Natural Gas Site — 8850 110th Street
-- - — --- --�-
; _ : - - _ -
--- , `-"r__'
_��'
_a,
Honorable Mayor, City Council Members and Ryan Schroeder
Northern Natural Gas — Minimum Rear Yard Setback Variance and CUP for Equip. Bldg.
July 9, 2014
Page 6 of 8
Equipment Building
The proposed 6-foot by 8-foot equipment/monitoring building is located in the northwest corner
of the leased site. The exterior walls will be a brick veneer material and the pitched roof will
have asphalt shingles. Metal siding and roofing materials are prohibited. An example of the
building materials is shown in the photo below.
E��li .�� �sI11LC�IN�� E>�AP�a9PLE
��'VITH ��AE�LE F���� �F,
h
�
Landscaping Plan
The proposed landscaping consists of four 6-foot tall evergreen trees along the north side of the
leased area and five 6-foot tall arborvitaes along the east side. The tree plantings will not be
planted above any underground natural gas pipelines and are outside the fencing. An irrigation
system is not proposed because water supply is not available to the site.
NNG does not want any landscaping along the front of the property for security reasons. The
proposed landscaping was recommended by City staff. The illustration below shows the location
of the nine tree plantings.
A windrow of trees exist northwest of the NNG site. The distance between the NNG site and the
rural estate property west of the subject site is approximately 250 feet. The plantings between
the two sites provide a natural buffer.
Building Materials Example
Honorable Mayor, City Council Members and Ryan Schroeder
Northern Natural Gas — Minimum Rear Yard Setback Variance and CUP for Equip. Bldg.
July 9, 2014
Page 7 of 8
o.� Q a o
: e
I "�
�`- �� ��� .,,��,
I�� 6 ft. Evergreen Trees
� � ��
\`� '— �_ '� �
,,.�„
�:�P� - — `
H,�o�. -1- = f,nT-- -- -- �(��--- - ----
�
-�---�,.�_, .. _ -L ------11Q�h.Stree�---------- .- F���rs-----
Landscaping Plan
Utilities
The property is outside the Metropolitan Urban Service Area (MUSA). City utility services (e.g.
water and sanitary sewer) are not available in this area. The operation of NNG's natural gas
regulator facilities at this location do not require any water or sanitary sewer services.
Grading and Drainage
The site is relatively level and surFace stormwater drainage patterns are not anticipated to
change. Site grading is not planned except for the areas where the six-foot by eight-foot building
and the hard surFaced access drive are proposed. A drainage ditch exists on both sides of 110th
Street.
Comprehensive Plan
The Future Land Use 2030 Plan from the City's Future Vision 2030 Comprehensive Plan des-
ignates this area as an industrial land use. The three rural estate lots west of this site are
designated as a transition planning area. NNG's pipeline facilities at this location would not
appear to have any significant adverse impacts to future industrial uses and currently does not
impact the adjoining agricultural land use.
Public Hearing Notices
Public hearing notices were mailed to nine property owners who are within 500 feet of the ap-
plicant's property. These notices were mailed on June 11, 2014. The public hearing notice was
also published in the June 11, 2014, edition 4f the �o�th Washinc�ton Coanty Bulletin.
Honorable Mayor, City Council Members and Ryan Schroeder
Northern Natural Gas — Minimum Rear Yard Setback Variance and CUP for Equip. Bidg.
July 9, 2014
Page 8 of 8
City Department Review
Representatives from various City Departments reviewed NNG's variance and conditional use
permit applications. They recommended that the equipment building's exterior wall be con-
structed of a brick-like material and that it have a hip roof design with asphalt shingles. They
also recommended that the chain link fence be a black vinyl-coated fence, even though the ex-
isting fence along the perimeter of 3M's property is a green vinyl-coated chain link fence along
110th Street and a galvanized chain link fence on the other boundaries. Landscaping was
recommended along the perimeter of the leased area.
No comments or recommendations were received from other advisory commissions.
Recommendation
That the City Council accepts the Planning Commission's recommendations granting approval
for the variance to reduce the 100-foot minimum front yard setback to 53 feet (Title 11, Chapter
8B-2) and approving the conditional use permit for the construction of a six-foot by eight-foot
equipment building, driveway apron, security fence, and landscaping as shown on the appli-
cant's plans dated April 3, 2014 for property located at 8450 110th Street South. This recom-
mendation is based on findings of facts and subject to the conditions listed in the planning staff
report.
A draft resolution was prepared for both planning applications. The findings of facts and condi-
tions of approval as recommended by the Planning Commission were incorporated in the
attached resolution.
�
� '
� � � EXI S TI NGPROPERTYLINE
�- e-�- s - •-� _
�� -L �i \ TEMPORARY WORKSPACE
- -+. ,-�-.-.-.-.-.-.-.-.-.-.-.-.- -.-�-.-•-.-.-•-.-. D,._._,-,-,-,-,-,_._.-._�-,-,^._ . ._.-.-, . . . .-. N
��+ ( �� � PROPOSED FENCE LINE Y Y � 2 , ` p „ '
( � i i a � �
( °� I
� �
= Q W �� � w �
W � � g M NEW i00'x70' LOT TO BE ROCK Z � a�
��� I � o SURFAGED PER ES-0580 W) Y ��
a �„w � � t ' w� � p
� i I �c°o cn� � �' .
w
z �� � � a � a �-
iS � a I � d � � �
' � � ACTUATOR
( � ����
� I ` �
Z 30"-60iN! z i EXI TING 30" MNM86502
� � 6•FOOT x 8-FOOT - - iL - _-- -- _�u _ 30.0 0" OD, U.375" Wi, GR X70
I � BRICK VENEER F- r' �
BUIDLW� WI7H
I PITCHED ROOF � -1 � - _�- - � �
I I I Y
I � � a' � (
i � X '- ���X � N � �.�X � � _. I ' .....
o� � � c �or�ia ` � �a.�?.�-.--- � �- .I
.—oU' .—oC9 ���L�
, a�o� � ♦ i�:,_...
� z� -�-- - - - - � �
� --�� o tz°-soot� �2^-soo� � �
�
I � z° � �
I "� �
�o
� � � � � j
�
� � I � I
� �� I � I
c�
� j I � �� I
ry I F ct��, i � �
( � °° � ,
� i I MQ � i
z i � z� I ,�'
� , ,.
g � I �X � , I � ��' �
� ! I I W r �„'-- -°---- � .
� � — — --�-- � �ENERAL NOTES:
� !! � FENCE TO BE EXISTING ROAD ( � �
RIGHT OF WAY IS I � ! 1, AI.L NEW CONS7RUCTION TO BE DONE BY
^ ( I BLACK VINYL ALREADY FENCED � CONTRACTOR.
S�" � I COATED WITH 5.5' GREEN � I �}
S � i � 16'-0"± CHAINLINKFENCE � ;'" 2. CONTRACTORTOFIELDVERIFYALLpIMENSIONSAND
N i " ELEVATIONS PRIOR TO FABRICA710N.
� I I �s :� �
) 3. COtJTRACTOR TO EXERCISE EXTREME CAUTION WHILE
� I .�'�� � t �'�. pROpOSEb PENCE LINE I DITCHING DUE TO ANY PIPWG NOT SHOWN ON
a ��_� I PROPOSED FENCE UNE ,_,-3.-.._. �-,-.�.-. - w e �- e e- .-ce-.-.�-•-•-Er-•-•-�-• ti-•=�-L" ^`- DRAWING.
-e.-,^.-z.-.-.� -,-,� -.-.-e. _ --
� EXIS7ING ROW � EXISTING PROPER7Y LINE o EXIS71NG PROPERTY LINE � EXI TING
� ±� o ASPHALT � R�W 4. STATIONINC SHOWN IS PROM PLAT SHEET 450-59-06.
° � DRIVEWAY
Z N t�n f
TEMPORARY WORI<SPACE � �
a EDGE OF ROAD ��� ¢I EDGE OF ROAD
SCALE NO7�; LEGEND:
� �� NOTE: 1, IF PAPER SIZE IS 22"X34" _
z I � CONTRACTOR TO INSTALL ASPHALT DRNE SCALE WILL BE HAI.VEP. ----- EXISTING FACILITIES
� i o PER ES-o580, CONTRACTOR SHALL �URNISH 2. �p (�APER SIZE IS 91"X17" = J____
AND INSTALL ALL MATER�AIS REQUIRED, NOi Ep SCALE APPLIES. NEW CONSTRUCTION
� ( � WCLUDING CULVER7S. CULVERTSAND DRIVE
.� SHALL. BE INSTALLED PER ALl APPLICABLE 5' 2'-6" 0' 5'-0" 10'-0" � PROPOSED TREE ARBORVITAE - 6-FOOT
� COUNTY/STATE STANDARDS AND CODES.
� SCAt.E: 1" =10'-0" �' PROpOSED 7REE(2)
1107H S7 S _ � _ _ _ �TH ST S _ _ _ _ HARD NEEDLE EVERGREEN - 6-FOOT
N --'-- -�------_ ""---------'---'_-_'-_�-------------
� B�D S7ATUS BY CHECK DATE 8Y APPRO DA � pA6.WOE WA Ht1.W.0. 21102627 �... 30�� MNM86502 C LINE _�
N Pta MNM86502 caNSLYtt 2014 orthem
PRELIM BTr� w^ Po� w^ BLOCK VALVE 2 REGULATOR Natural Gas
��'W'NN(� nESKw e ane �rrrn+ LANDSCAPE PLAN eaaECrko.
� DO NOT USE F'�Ft B � p ��`� 6l16/14 `��,`P bf15H4 awm+ JAe aml14 ���a262�
„� i SECTION 28, T27N, R21W
y A ISSUEDFORBID JAB A13/14 CONSTRUCTION oWO.NO,
� ooNSr. A`E"°= P WASHINGTON COUI�ITY, MINNESOTA t� A
�° Np, REVISION-DESCRIPIlON 6Y DA7E CHK'D APP'� SCIJE;1•=10'-0' r9'�
CORNER 10'-0" 10'-0" 10'-0" 3'-0" WIDE 10'-0" 16'-D" WIDE DOUBLE SW1NG GATE
EXTENSION ARM MAXIMUM MAXIMUM MAXIMUM MAN GATE MAXIMUM OR AS SPECIFIED ON PLAN DRAWING
� 3 S7RANDS GALVANIZED MAN GATES TO HAVE PANIC CORNER I
EXTENSION ARM 4 POINT BARBED WtRE HAR�WARE INSTALLED GATE POST
� POST TOP
-�, -
iF—
--- *
� � TOP RAIL \
� EXPANSION SLEEVE CHAW LINK
+ = TRUSS COUPLING � 100'-0" `_FABRIC PLUNGER
ROD
� o a BRACE O.C. MAXIMUM TRUSS
t9 io m LINE POS7
z LL ROD
� '
� TRUSS TENSION
ROD WIRE �� SY '�
GRADE T ,52, c
-�� �/ �/ � a a �: / � ". � � / / � � < tii ^, r,.+ .• s` ::, tj GRAD�
�/�/�/�/ w ;�' ,5;; � �/ �� �� � ��"� 4 r /� /� /� /� tO � � � �
��i��/i��/��% ° � 'i =; % i ��/\��\��\��/ � \ °� : 4 � W •: . \\�\\�\\�\\� ': �', \�/\�/\�/\�/
/ ; �: • r
���/, �� t , � /.//����/ � �� ;, ., ;, � � �, :?, /\ //�I�%� N PLUNGERROp , �'� �/�//�//j/
o + >: % , . :: '. >: U � _, ,2{ � �CATCH �. �%
y UNDISTRUBED FARTH �\ UNDISTRUBED EARTH ;,,,=;; � c.i {�, '' CATCH BLOCK r;..,:'>
u' : ' �/ /i ;1:",:'� ,
�! S�E CHAIN LINK FENCE '
- SPECIFICATION 2.9 '. . A ELEVATION ONLY CORNER POSTS, GATE POS7S,
� AND EVERY FIFfH LINE POSTTO BE SET
CHAIN LINK FABRIC FENCE IN CONCRETE PER NNG SPECIFICATIONS
REF DWG P6-1
EXTENSION ARM DOME TOP FOR STRETCHER BAR
FOR'H' COLUMN 4 POINT BARBED WIRE 7ERMINAL POST FABRIC ,
POST BAND FOR CORNER ELL CORNER ELL W/PLUNGER ACH FABRIC LINK
SAFEGUARD TOP ''�`-"' '�' -� STRETCHING (TOP & 60TTOM) ROD GUIDE
FOR'H' COI.UMN , , BARBED WIRE SAFEGIIARD END 8 GATE (TOP & BOTTOM) 4" MAXIMUM FROM FABRIC
POST END BAND POST TOP W/RAIL BOTTOM � TOP STAPED � .� ,
i
. ATTACNMENT 1'-2" O.C. MAXIMUM ALUMINUM WIRE
GATE � CARRIAGE BOLT CLAMP FOR TOP
STRAIGHT LUG FRAME GATE %e'0 MINIMUM 2'-0" O.C. MAXIMUM
OR BRACE RAIL
FRAME PLAN END 012 GATE POST BAND TOP OR BRACE GATE KEEQER
�"'H' COLUMN OR STRETCHER BAR FORK LATCH RAII WIRB TIES (HOLDS GATE OPEN) a��
2%e' O.D, SCH.40 BAND � CARRIAGE BOLT /e 0 MINIMUM ,
PIPE LINE POST %"p MINIMUM TRUSS ROD
STREfCHER BAR 2 TERMINAL CARRIAGE FABRIC %a"f1� MINIMUM
POST OR �" TOP GATE HIN�E BOLT STRETCHER BAR ALUMINUM WIRE
BRACE & TRUSS SQUARE TUBING PLUNGER ROD (�RE IS SIMILAR)
� GA7E PLACE OF BANDS ��'0" O.C. MAXIMUM ' ,
� BAND FOR'H' RIVETS
� COLUMN LINE POST f-TRUSS BANp POST LOCK KEEPER GkTE FORK CARRIAGE 80LT FABRIC TIES, CLAMPS OR
S+ , LOCK KEEPER 3 /"� MINIMUM BANDS MUST COMPLEfELY i i�.
� SLOT GUIDE ENCIRLE POST OR COLUMN
z �� BARBED WIRE POS7 WfRE TIES AND ENDS SHALL BE SECURELY ,,,-, .;.,�` ._ �"g MINIMUM
� � � -- FASTENEDTOGETHER. � '��'�'>`�':
a ORCOILED •r> .� `••:.; .;•{r:;' :%{`:;.•.., �
CLIPFORTYINGFABRIC ''`" "�:!�;•.:;.;�,>:1'f:,�•':;.:-, i
4 BOT70MGATEHINGE FITTINGSFORCENTEROR SPRINGWIRE WIRETIES '• _�'-�;'i:%:
<J` TO'H' COLUMN POST '� ••
� DOUBLE GATE WIRE STRETCHING BAND •` �� �� ^•' "�`': i:,:: ��:',;;,;::•: "
'�::.i:: ...:::::.` .,.:.,..,
N TYPICAL TOP POST FITTINGS TYPICAL GATE FITTINGS WIRE & POST BANDS TRUSS ROD & BAND �
Z
�
g CHAIN LINK FENC� SPECIFICATIONS 2.3 FENCE POSTS
� END, CORNER, ANGLE AND PULL POS7S SHALL BE &INCH OR 2-718-INCH OU7SIDE DIAMETER 2.7.2. POSTS FOR SLIDING GATES SHALL BE CARBON STEEL PIPE, 4 INCHES O.D., 9.1
� 1. INS7ALLATION FENCE AD�ITION SHALL BE PLUMB AND TRUE TO LINE, CHAIN LINK FABRIC STEEL PIPE WEIGHItJG 5.79 L6S/FT. LINE POSTS SHALL BE2-3l8-INCH OUTSIDE DIAMETER STEEL LBS/FT FOR GATE WIDTHS 30 FEET OR LESS AND 6-5/8 INCHES O.D.,18.97 LBSlFTFOR GATES OVER 30
o SHAII BE TAUTAND PROPERLY SECURED, CORNER BRACES AND DIAGONAL PIPE WEIGHING 3.65 LBS/FT. ALl POSTS ARE Tp BE LONG ENOUGH TO EXTEND 6" PAST FROST FEET VNDE.
� BRACES SHALL BE PROPERLY PLACED TO PREVENT SAGGING. THE DEPTH PLUS THE FENCE HEIGHT (MINIMUM) AND SPACED NOT MORE THAN 10 FEETAPART.
� COMPLETE INSTALLA710N SHALL BE INS7ALLED BY SKILLED AND 2.8 GATES
W EXPERIENCED FENCE ERECTORS AND IN ACCORDANCE WITH A.S.7.M. F-567, 2.4 POST CAPS OR EXTENSION ARMS 2.8.1. GATES SHALL, BE FULLY WEIbED AND SUPPORTED WITHOUT SAG IN ANY DIRECTION. GATE
� PRACTICE FOR INS7ALLATION OF CHAIN LINK FENCE, AND ALLAPpLICABLE TOPS OF ALL FENCE POSTS WILL BE SEALED WITH A WATER TI�HT END CAP OR EXTENSION ARM. FRAMES ARE TO BE STANDARD STEEI� PIPE WITH 2INCH O,p. STILES AND RAILS AND 1-5lS INCH
STA7E AND �OCAL CODES. EXTENSION ARMS SHALL ACCOMMOD�ITE 3 STRANDS OF BARBED WIRE 3 TO 5 INCHES APART O.D. BRACING.
AND SHALL BE MALLEP,BLE IRON FOR CORNER POSTS AND PRESSED STEEL FOR LINE POSTS. 2•6.2. SLIDING GATES SHALL BE EQUIPPED WI7H PiPE EXTENSIONS FORTROLLEY SUPPORTS FROM
y 2. MATERIAL 2.1 CHAIN LWK FENCE FABRIC
. OVERHEADTRACK
� THE CHAW LINK FABRIC SHALL BE IN ACCORDANCE WITH ASTM A-392 SPECIF(CATIONS 2.5 TOP RAILS AND BRACES 2.8.3. HINGES ARE TO BE DOUBLE CIAMPING, OFFSET TYPE, i80° SWING, MALLEABLE IRON
� � AND SHALL BE HOT-DIPPED GALVANIZED AFTER WEAVING, HAVING A COATING TOP RAILS AND BRACES SHALL BE 1-Ci/8-INCH OUTSIDE DIAMETER STEEL PIPE WEIGHING 2.27 CASTINGS.
WEIGHT OF TWO (2) OUNCES OF ZINC PER SQUARE FOOT, MINIMUM, OF COATED IMRE LBS/FT. A MINIMUM OF ONE EXPANSIQN COUPLING WILL BE REQUIRED PER 100.FOOT LENC'iTH OF 2.8.4. SINC�LE S1MNG GATES LESS THAN 10 FEET WIDE SHALL HAVE A FORK LATCH AND THOSE OVER
w SURFACE (CLASS II). FABRIC SHALL BE FASTENED TO THE LINE POST BY MEANS OF TOP FENCE, 10 FEE7 WIDE SHALL HAVE A PLUNGER-BAR TYPE.
� N0. 6 GAUGE ALUMMUM WIRE CLIPS SPACED 12 INCHES ON CENTER. IT SHALL BE 2.8.5. DOUBLE SWING GATES SHALL HAVE ECCENTRIC DOUBLE LOCKING TYPE LATCHES WHICH
Z ATTACHED TO THE TOP RAIL WITH N0. 9 GAUGE ALUMINUM TIE WIRES SPACES 24 2.6 WIRE ENGAGE S7RIKES SECURELY BOLTED TO THE GATE FRAMES AT BOTH TOp AND BOTTOM AND
W INCHES ON CENTER. FABRIC SHALL BE ATTACHED TO TERMINAL POSTS BY MEANS OF 2.6.1 FABRIC TENSION WIRE SHALL BE iISAWG OR HEAVIER COILED SHALL INCLUDE A HEAW A7ALLEABLE IRON GATE STOP TO BE ANCHORED IN A CONCRETE �
a A�q" x''a'TENSION BAR WI7H HEAVY GAUGE PRESSED STEEL BAND OR CLIPS SPACED STEEL FOOTING ATTHE CENTER OF THE DOUBLE GATE OPENING. LATCHES SNALI HAVE PROVISIONS
v APPROXIMATELY 141NCHE5 ON CENTER. THE GALVANIZED FENCE PABRIC SHALL 2•62 FABRIC SHALL BE FASTENED TO ALL UNE POSTS, TOP RAILS AND BRACES USING #9 FOR PA�LOCKING; PADLOCKS ARE NOTTO 6E FURNISHE�.
CONFORM TO ASTM F6G8-88, CLASS 2a MATERIAL. FINISHED SIZE SHALL BE 6-GAUGE AWG, ALUMINUM WIRE SPACED NOTMORE THAN 2 FEETAPART. 2.8.6. AUTOMA7IC, HOLD•OPEN TYPE, GATE KEEPERS WfTH CATCH BLOCK SHAIL BE PROVIDED FOR
Z (FINISHED) WITH 9-GAUGE CORE WIRE ORAS SPECIFIED ON DRAWINGS. FABRIC 2.6.3 BARBED WIRE SHALL 8E TWISTED DOUBLE S7RAND, 12-1/2AWG, GALVANIZED WITH EACH SWINGING GATE PANEL.
3 SHALL HAVE A KNUCKLE TOP AND BOTTOM SEIVAGE. 4-POINT PATTERN, ALUMINUM BARBS. 2.9 CONCRETE
r 2.9.1. EVERY FIFTH POST SHALL BE SET IN CYLINDRIGAI CONCRETE FOUNDATIONS WITH TOP OF
w 2.2 ZINC COATING 27 GATE POSTS FINISHED CONCRETE SUR�ACE 2 INCHES ABOVE FINISHED GRADE.
a ALL FENCE MATERIALS SNALL BE RESISTANTTO ATMOSPHERIC CORROSION WITHOUT 2.7.1 POS7S FOR SWING GATES SHALL 8E AS FOLLOWS: 2.9.2. EXCAVATION SHALL BE A MINIMUM OF 6 INCHES BELOW FROST�EPTH AND NOT LESS THAN 12
a PAINTING OR BE PROTECTED BYA ZINC COATING (GALVANIZEb). pOSTS, BRACES, GATE WIDTH (FEE7) CARBON STEEL PIPE GATE POSTS INCHES IN DIAMETER FOR ALL POSTS, AND NOT LESS THAN 3.571MES THE DIAMETER OF
FITTINGS AND EXTENSION ARMS SHALL BE HOT GALVANIZED WITH A MINIMUM 6 AND LESS 31NCH O.D., 5.79 LBS/FT TERMINAI AND GATE POSTS. CONCRETE SHALL MEETACI-318 SPECIFICATION FOR 3000 PSI-28
COA7ING OF 2.0 OZ PER SQUARE F00T IN ACCORDANCE VJITi I ASTM A 123. OVER 6 UP TO 13 4 INCH O,D., 9.10 LBSiFi' DAY STREN�TH CONCRETE.
�
OVER 13 UP TO 18 6-5te INCH 0.0., 18.97 LBS/FT
a OVER 18 8-5l8 INCH O.D., 25.0� LBSlFT
�
v
v
� BID STATUS gY CHGCK DATE BY APPROVD � Fpp.� WA R�.W.O. 211028T7 3O MNM86502 C LINE � .._
Q P� n+�� �ox�va �0�4 BLOCKVALVE 2 REGULATOR �Nat ral Gas
pp,p PREUM s�n9 WA vds WA
�fL69g���� BY 44iE ,
. o�oH ,na �zma FENCE DETAILS - SWING GATE PftOJECTNO.
� BID ,/V,�, 4l3l14 ,iy,iy,,y �/3/�4 DRAYIN JAB YI'/114 �
Do NOT US� �OR 0110262'1
� A ISSUEDFORBID JAB 4(3H4 CONSTRUCTfON rseuar SECTION 28, T27N, RZ�W
FnENO.: p�33 DVVG.NO.
m` No. REVISION DESCRIPiION BY DATE CHKD APPb CONST. arAt�NOSCALE WASHINGTON COUNTY, MINNESOTA p��_.� A
RESOLUTION NO. 2014-XXX
A RESOLUTION GRANTING A VARIANCE TO REDUCE THE 100-FOOT MININMUM
FRONT YARD SETBACK REQUIREMENT TO 53 FEET FOR A SIX-FOOT BY EIGHT-FOOT
STRUCTURE AND A CONDITIONAL USE PERMIT FOR AN EQUIPMENT BUILDING,
NATURAL GAS PIPELINE IMPROVEMENTS, SIX-FOOT TALL CHAIN LINK FENCE,
ACCESS DRIVE, AND LANDSCAPING IMPROVEMENTS ON THE 3M PROPERTY
LOCATED AT 8450 110TH STREET SOUTH
WHEREAS, Northern Natural Gas applied for a variance to City Code Title 11-8B-2 to
reduce the 100-foot minimum front yard setback to allow a structure to be 53 feet from the front
property boundary line and a conditional use permit to allow the construction of a 6-foot by 8-
foot equipment building, natural gas pipeline improvements, a six-foot tall chain link fence around
the perimeter of the lease area, construction of an access drive, and landscaping improvements �
on property legally described below.
E5/8-SW1/4 EXC THEREFROM W 660FT OF S 660FT SUBJ TO EASE SECTION
28 TOWNSHIP 027 RANGE 021
Commonly known as 8450 110th Street South, Cottage Grove, Washington
County, State of Minnesota.
WHEREAS, the Planning Commission reviewed this application at their meeting on June
23, 2014; and
WHEREAS, a planning staff report which detailed specific information about the property
and the variance application was prepared and presented; and
WHEREAS, the Planning Commission reviewed the variance criteria and findings of facts
established by the Zoning Ordinance for granting a variance; and
WHEREAS, public hearing notices were mailed to property owners within 500 feet of the
property and a public hearing notice was published in the South Washington County Bulletin; and
WHEREAS, the public hearing was open for public testimony and testimony from the
applicant and the public was received and entered into the public record; and
WHEREAS, the Planning Commission unanimously (8-to-0 vote) recommended to the
City Council that the variance and conditional use permit be granted based on the findings of
fact and subject to the conditions listed in the Planning Staff Report.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby grants a variance to City Code Title 11-8B-2 to reduce
the 100-foot minimum front yard setback to allow a structure to be 53 feet from the front property
boundary line and a conditional use permit to allow the construction of a 6-foot by 8-foot
equipment building, natural gas pipeline improvements, a six-foot tall chain link fence around the
perimeter of the lease area, construction of an access drive, and landscaping improvements on
Resolution No. 2014-XXX
Page 2 of 3
property legally described above. Granting this variance is based upon the following findings of
fact:
A. Compliance with the City's AG-2, Agricultural District, development standards is
not critical for the existing natural gas pipeline and valve facilities as long as
appropriate landscaping and building design is provided.
B. The future "industrial" land use designation delineated in the Future Vision 2030
Comprehensive Plan is consistent with the existing natural gas pipeline facilities.
Future industrial uses north and east of the NNG leased site would not adversely
be impacted by the existence of this natural gas regulator station.
C. The two existing natural gas pipelines intersect and above-ground regulating
valves already exist at this location and are less than 100 feet from the front
property line.
D. The placement of the proposed equipment/monitoring building must be in close
proximity of the existing natural gas pipelines and valves.
BE IT FURTHER RESOLVED, the recommendation for approval of the variance and
conditional use permit is subject to the following conditions:
1. Nine evergreen trees/shrubs shall be planted as depicted on Drawing No. P9-1
dated April 3, 2014. The evergreen trees shall be a minimum of six feet in height
and NNG is responsible for maintaining these trees and shrubs.
2. Installation of the landscaping shall occur in a timely fashion and be consistent with
Drawing No. P9-1 dated April 3, 2014. A letter of credit or cash deposit in the
amount of 150 percent of the landscaping estimate shall be submitted to the City
as required by City Ordinance Title 11-6-6(G). The financial guarantee shall be in
effect for one year from the date of installation to insure the installation, survival,
and replacement of the landscaping improvements.
3. The exterior materials for the new 6-foot by 8-foot equipment/monitoring building
shall be constructed of a decorative masonry brick material with integral color. All
four sides of the structure shall be constructed of the same materials and color
scheme. The hip roof shall be constructed of asphalt shingle materials. A
corrugated galvanized metal roof is prohibited.
4. All applicable permits (i.e. building, electrical, etc.) shall be applied for and issued
by the City prior to any work or construction taking place. Detail construction plans
shall be submitted to the City's Building Inspections office for review and approval.
5. Advertising displayed on the side of the equipment/monitoring building or any
above-ground piping is prohibited.
6. The six-foot chain link fence height is required to be a black-coated vinyl material.
Resolution No. 2014-XXX
Page 3 of 3
7. A right-of-way permit for the construction of the private access drive must be
applied for and issued by the City before excavation and construction of the access
drive begins.
8. Staff will work with the applicant and farm tenant to maintain access to the
farmland.
Passed this 16th day of July 2014.
Myron Bailey, Mayor
Attest:
Caron Stransky, City Clerk
EXCERPT FROM UNAPPROVED MINUTES OF THE
JUNE 23, 2014 PLANNING COMMISSION MEETING
6.2 Northern Natural Gas at 3M — Case CUP2014-012 and V2014-013
Northern Natural Gas has applied for a variance to the 100-foot minimum front yard setback
requirement to 53-feet for a 6-foot by 8-foot structure and a conditional use permit to add new
piping and maintenance structure on the 3M property located at 8450 110th Street South.
McCool summarized the staff report and recommended approval subject to the conditions stipu-
lated in the staff report.
Brittain asked for an example of the proposed decorative masonry brick. He expressed concern
for the appearance of the equipment building from the road. Not planting trees in front for security
purposes was acceptable. McCool displayed an illustration provided by the applicant showing the
exterior materials proposed for this building.
Johnson asked if that is similar to what is used on the building along County Road 19 in Woodbury.
McCool noted that is a pump station for sanitary sewer. He stated this building would look more
like an equipment shed than a home because it will only be six feet by eight feet and will not have
any windows.
Rostad asked if the fence would be at the borders of the leased area and if they would plant trees
outside the leased area. McCool responded yes and stated that 3M approved the planting of those
trees.
Wehrle asked why the new security fence is not required to match the existing green colored vinyl
coated fence. McCool stated city staff recommended black vinyl coated fencing for the new fence.
Rostad opened the public hearing.
Gene Smallidge, 10992 Point Douglas Drive, stated that he farms the land on three sides of this
proposed site. He is concerned that the new shrubbery could encumber the access gate to the
property he farms and needs the gate to be a minimum of 24-feet wide so he can get equipment
through the gate. He then pointed out on the aerial photo that surrounding all of the leased area is
native prairie grass, which he planted after the construction of the various pipelines and requested
that this type of prairie grass be replanted after the construction is completed. He stated that he
met with a representative of Northern Natural Gas and was assured that they would replant the
same or similar prairie grass seed mix.
McCool pointed out the location of the existing farm access, noting that they are proposing to plant
three trees on the north side of the pipeline and five arborvitae trees on the east side of the pipeline.
The existing farm access is not proposed to change and the new access to the NNG site would be
located centrally on the leased area. He stated that a gravel surface material will be installed inside
the fenced area to provide for low maintenance.
Tony Stucchi, Nor4hern N�tural Gas, 223 Verbena Avenue, Watertown, MN, stafed thaf he mef
with Smallidge on site and agreed that when they were done working they would replant the same
type of vegetation that currently exists. Smallidge provided Northern Natural Gas with the list of
the grasses that are in there. The area within the fence will be gravel.
Excerpt from Unapproved Planning Commission Minutes
Northern Natural Gas at 3M — Case V2014-012 and CUP2014-013
June 23, 2014
Page 2 of 2
Graf asked if Smallidge would rather not have the trees. Smallidge expressed concern that as the
trees grow, they could make the access narrower and he would rather not have them there. He
does not consider the equipment or proposed building to be unsightly. Graf asked what size trees
are proposed. Stucchi responded six-foot tall arborvitae would be planted about three to four feet
from the fence. The trees could be cut back so they don't encumber the gate. He noted that North-
ern Natural Gas would rather not plant trees because they have to be maintained.
Brittain asked how far away the farm access is from the boundary of the leased area. McCool
stated that it appears to be right at boundary; the westerly posts that secure the gate system would
be at the southeast corner of the leased area. Brittain asked about the distance from the green
fence to where the trees will be planted. McCool responded that it is 53 feet to easterly valve
system and the trees will be north of the leased area. The City will work with the property owner,
the tenant, and Northern Natural Gas about the placement of those plantings. There could be more
plantings on the northeast corner of the site and maybe only one or two on the south side of the
existing pipeline. He noted that Northern Natural Gas does not want trees planted over the
pipelines.
Johnson asked if there are no trees there currently. McCool stated that is correct. Johnson asked
why trees would need to be planted. McCool responded if development were to take place in the
future, those trees would be mature at that time.
Rostad stated that he would be fine without the required plantings. He would encourage the City
Council to consider allowing them not to be planted. Brittain disagreed, noting that in the future the
area could look different look. The industrial park will expand. He would rather have trees all the
way around it, but understands for security reasons that's not a good idea. Having trees on the
north and east sides is appropriate. He feels comfortable that staff can work with all parties to
mitigate any issues that could occur.
Johnson asked about the life span of arborvitaes. McCool does not know. Rostad does not believe
that they are as hardy as evergreens. He believes the City is putting an undue burden on the
applicant to maintain the trees.
Graff stated she sees the need for the trees but also that the access to the farmland needs to be
protected. She agrees with letting staff work with the parties involved but she would like it a little
more formal.
No one else spoke. Rostad closed the public hearing.
Brittain made a motion to approve the variance and conditional use permit, based on the
findings of fact and subject to the conditions listed in the staff report, with the addition of
a condition that staff work with the applicant to maintain the access to the farmland. Graff
seconded.
Rostad stated that he will vote in favor of this application but encourages the City Council to look
at it closely.
Motion passed unanimously (8-to-0 vote).