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HomeMy WebLinkAbout2016-10-24 PACKET 06.3.STAFF REPORT CASE: V2016-058 ITEM: 6.3 PUBLIC MEETING DATE: 10/24/16 TENTATIVE COUNCIL REVIEW DATE: 11/16/16 APPLICATION APPLICANT: SEV MN -1 (Sunrise Energy Development) REQUEST: A variance to City Code Title 11-4-10C(12) to allow a 12.4 kilovolt feeder power line to be above ground for a distance of approximately 1,250 feet in the location of an existing above -ground utility line. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 10992 Point Douglas Drive South AG -1, Agricultural Preservation Transitional Planning Area LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Agricultural Rural Residential EAST: Rural Residential Rural Residential SOUTH: Highway 61 Highway 61 WEST: Agricultural Trans. Planning Area SIZE: DENSITY: RECOMMENDATION Denial. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; jburbank(d_)cottage-grove.org Application Accepted:. 9/28/16 60 -Day Review Deadline: 11/27/16 City of Cottage Grove Planning Division 9 12800 Ravine Parkway South 9 Cottage Grove, MN 55016 Planning Staff Report SEV MN -1 Solar Requirement Variance Planning Case No. V2016-058 October 24, 2016 Proposal Sunrise Energy Development (SEV MN -1) is requesting a variance to City Code Title 11-4- 10C(12) to allow a 12.4 kilovolt feeder power line to be above ground for a distance of approxi- mately 1,250 feet at 10992 East Point Douglas Drive South in the location of an existing above- ground utility line. EAG LE RIDGE i.4VINE RIDGE INE R OAKS � VIGIPAL 3OLF R I:' ER O?.ILS M UNICIW.L GOLF SITE Location Map Review Process Application Received: September 28, 2016 Acceptance of Completed Application: September 28, 2016 Tentative City Council Date: November 16, 2016 60 -Day Review Deadline: November 27, 2016 T i� Planning Staff Report SEV MN -1 Solar Variance — Planning Case No. V2016-058 October 24, 2016 Page 2 of 5 Background On July 20, 2016, the City Council approved a community solar garden on the Myers' property located directly east of the property where the variance is requested (Res. No. 2016-123). That resolution included a condition of approval prohibiting above -ground power wires to interconnect with the Xcel Energy utility feeder lines. Below is an excerpt from Res. No. 2016-123. 4. All on-site and off-site electric power lines necessary to interconnect the electric power created from the community solar garden to the utility company grid system must be underground. The only exception, if necessary, is at the connection point where the community solar garden underground electric line needs to be connected to the utility company's existing power pole/local distribution line. Details of this in- terconnection between the community solar garden and the utility company's elec- tric grid must be submitted to the City at the time the applicant files their building permit application with the City. After reviewing the utility routing options available to connect to the Myers' property, the appli- cant negotiated a potential routing easement with the Smallidges, the property owners on the west side of the Myers. During the easement negotiation process, Mr. Smallidge contacted City staff to voice concerns regarding the underground requirement given there are existing above- ground utility poles. Mr. Smallidge's concern is the potential disturbance to cropland and noting the relative isolation of the proposed location. Mr. Smallidge and the applicant were informed by City staff that absent an underground routing proposal a variance would be required based on Resolution No. 2016-123 and the City ordinance. On September 23, 2016, a variance application was submitted for the SEV MN -1 project. The applicant's original variance request was to run the entire utility connection above ground as detailed by the red dotted line below. Planning Staff Report SEV MN -1 Solar Variance — Planning Case No. V2016-058 October 24, 2016 Page 3 of 5 On October 10, the City received a request from the applicant to amend the original variance request. The new variance request was to reduce the amount of above -ground utility routing from 2,650 linear feet to just the area of the existing poles, which is a distance of 1,330 feet. The existing poles on the proposed above -ground utility area would be replaced with new poles ca- pable of supporting the additional infrastructure and electrical loading. The remaining utility line area between the existing overhead utility pole area and the community solar garden on the Myers' property would be positioned in an underground trench. The dashed line in red below would be the above -ground leg of the routing and the line in blue would be the new trenched (underground) run. Planning Considerations Land Use The subject property is guided as Transitional Planning Area with the exception of the areas of woodlands which are guided as Parks and Private Open Space. Zoning The subject property is zoned AG -1, Agricultural Preservation. Planning Staff Report SEV MN -1 Solar Variance — Planning Case No. V2016-058 October 24, 2016 Page 4 of 5 Setbacks The routing of the proposed utility run does not impact any required setbacks. Property Characteristics The Smallidge property is a 157.7 -acre parcel and contains a combination of agricultural fields, wooded pastureland, and trees along fence lines. The homestead and agricultural buildings are located in the central portions of the property. The yellow dots in the previous picture identify the neighboring homes adjacent to the site and the proposed variance location. Ordinance Criteria With any variance request, the Planning Commission must look to the zoning ordinance for guidance and direction. City Code Title 11-2-7: Variances, states that: A. Authority and Purpose: The council may grant variances from the strict application of the provisions of this title and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. D. Consideration By Planning Commission; Recommendation: Before authorization of any variances, the re- quest therefor shall be referred to the planning commission, and for its recommendation to the city council for the granting of such variance from the strict application of the provisions of this title so as to relieve such practical difficulties to the degree considered reasonable without impairing the intent and purpose of this title and the comprehensive plan. The planning commission shall recommend such conditions related to the variance, regarding the location, character and other features of the proposed building, structure or use, as it may deem advisable. The planning commission shall make its recommendation within sixty (60) days af- ter the request is referred to it, unless the Applicant requests, in writing, that an extension of time for review be granted by the planning commission. The planning commission may recommend a variance from the strict application of the provision 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. 7. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 8. That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. The applicant's response to the ordinance criteria is attached. Public Hearing Notices Public hearing notices were mailed on October 13, 2016, to 21 property owners who are within 500 feet of the site. In addition, the public hearing notice was published in the South Washington County Bulletin on October 12, 2016. Planning Staff Report SEV MN -1 Solar Variance — Planning Case No. V2016-058 October 24, 2016 Page 5 of 5 Summary • The property is in the transitional planning area. • The proposed routing has existing above -ground poles. • The ordinance requires power connections serving community solar gardens to be routed underground. • Resolution No. 2016-123 requires that power connections serving the Myers' community solar garden be routed underground. • The proposed above -ground routing exists, but would be replaced with new poles. • The proposed routing location is not adjacent to any neighboring residential homes. Finding of Facts None Recommendation That the Planning Commission recommend that the City Council deny a variance to City Code Title 11-4-10C(12) to allow a 12.4 kilovolt feeder power line to be above ground for a distance of approximately 1,250 feet at 10992 Point Douglas Drive South in the location of an existing above -ground utility line based on the inability to establish any supporting findings of fact. Conditions of Approval: Should the Planning Commission recommend approval of the application, then findings of fact and a list of conditions relevant to the utility routing and installation should be included prior to the application going before the City Council. Prepared by: John M. Burbank, AICP Senior Planner Attachments: Applicant's response to the ordinance criteria VARIANCE APPLICATION — RESPONSE TO ORDINANCE CRITERIA The Planning Commission and City Council may recommend a variance from the strict application of the zoning ordinance, if they find that your application meets the findings below. Please provide a DETAILED response to all of the following findings: 1. The variance is in harmony with the purposes and intent of this title. Please circle: Yes X No Locating the power line underground would cause practical difficulties and particular hardship for me, a farmer whose family has been working this land for more than 100 years. Underground location would interfere with existing underground telephone, natural gas and other electrical lines in the proposed alignment and may cause an overhead transformer to be placed on the ground, potentially occupying crop space. 2. The variance is consistent with the comprehensive plan. Please circle: Yes X No The Comprehensive Plan advocates support for locally -produced renewable energy. This easement and power line would support an approved community solar garden located to the east. 3. The proposal puts the property to a reasonable use. Please explain. There is already an overhead power line running from Highway 61 to the turn in my driveway. In that area, there would be almost no visual change. The only new overhead line would be from the turn in the driveway to the parcel to the east, a distance of approximately 1,400 feet. Approximately 8 new wooden poles would be installed. The new section of line would be nearly impossible to see from Highway 61 or from houses. Nearby houses are at least 1,000 feet away and screened by vegetation or buildings. The land would continue to be used for farming. The overhead power line would run along a Section line that is also an internal property line for the applicant. The line would allow the adjacent property to be used as a community solar garden. 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. An underground line may conflict with existing underground telephone, natural gas and other electrical lines in the proposed alignment and would harm the structure of the top soil and degrade its use for farming. An overhead line already exists along more than half the proposed distance of the new line. 5. 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 classifications. Please list the conditions that are unique. This is a unique situation in that it is one of the most visually isolated locations in the entire city. I own large tracts on land to the north and south of the proposed overhead power line. The nearest house with a view to the line is more than a mile to the northwest. Other houses are approximately 1,000 feet away but their view to the line would be blocked by trees, shrubs or non-residential buildings. Allowing this variance would not set a precedent for other locations because there are few, if any, identical locations. 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: Yes X No This variance would be to alleviate a practical hardship for the land owner. 7. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Please circle: Yes X No This variance to allow an overhead power line would not harm other properties because it would be nearly impossible to see from other properties. Page 1 of 4 8. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Please identify any potential impact the requested variance may have. There would be no effects to light or air, congestion on the public streets, fire or public safety from an overhead power line. Economic hardship is not regarded by the Courts as a reason Tor approval. neignoornooa support or vppu5mun, without any basis of facts, is not regarded by the Courts as reason for either approval or denial. Applicant Name: Case #: Location of the site within the City of Cottage Grove Page 2 of 4 r 7►_ . p w' • +I' __ - The power line would be centered on the Section line until reaching the K&R pair el, where it would be entirely on the Smallidge parcel. 30 feet by 2,600 feet, - Smallidge Smallidge Myers= A101% WP 25...0001 25...0001 Solar Farm Site Ft fi Section Line Smallidge K & R Land Ho(dill '- 36...0001 ' �. Comr4rc l -- i k Hou s= ` Additional Line rr� cxb rdl t � - - Tree r Buffers Com ial i ��; Houses �I View west along the existing power line from the turn in the driveway. ki �r+� yerr :;+ r � . ' I , .� � • �L � 1 V 't S� 1 - p ry View east along the additional power line alignment from the turn in the driveway. Page 4 of 4