The URL can be used to link to this page

Home My WebLink About2020-01-27 PACKET 06.4. STAFF REPORT CASE: ICUP2020-002 ITEM: 6.4 PUBLIC MEETING DATE: 1/27/20 TENTATIVE COUNCIL REVIEW DATE: 2/19/20 APPLICATION APPLICANT: City of Cottage Grove REQUEST: An interim conditional use permit to allow construction of an interim water treatment facility to treat either Well #7 or Well #8 until a permanent water treatment solution is determined. SITE DATA LOCATION: 8540 81st Street South ZONING: R-3, Single Family Residential GUIDED LAND USE: Low Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Residential Low Density Residential EAST: Residential Low Density Residential SOUTH: Church Low Density Residential WEST: Residential Low Density Residential SIZE: Structure = 3,250 square feet DENSITY: N/A RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz@cottagegrovemn.gov Application Accepted: 1/2/2020 60-Day Review Deadline: 3/2/2020 City of Cottage Grove Planning Division  12800 Ravine Parkway South  Cottage Grove, MN 55016 Planning Staff Report Foothill Park – Water Treatment Facility, Wells 7 & 8 Case No. ICUP2020-002 January 27, 2020 Proposal The City of Cottage Grove has applied for an interim conditional use permit for the construction of a water treatment facility on City-owned land in Foothill Park. In the proposed location, the facility will have the capacity to treat water from one of two existing wells, Wells 7 and 8. The proposed interim use includes the construction of a 3,250 square foot metal structure that will house the water treatment equipment for these wells. The purpose of this interim treatment facility is to filter water from either Well 7 or Well 8 to con- tinue to provide water that meets the health-based values set by the Minnesota Department of Health (MDH). The City continues to work with state agencies to develop a long-term treatment solution for PFAS. Since the full scale and scope of the ultimate solution is unknown, the City will continue to provide interim solutions to ensure stable water supply for the growing community. It is proposed that this temporary treatment facility remain in place through December 31, 2024. Preliminary Site Plan Review Process Application Received: January 2, 2020 Acceptance of Completed Application: January 2, 2020 Planning Commission Date: January 27, 2020 Tentative City Council Date: February 19, 2020 60-day Review Deadline: March 2, 2020 Planning Staff Report – Case No. ICUP2020-002 Water Treatment Facility, Wells 7 & 8 January 27, 2020 Page 2 of 5 Background Since the initial construction of the Well #3 and Well #10 interim water treatment facilities in 2017, Cottage Grove has continued to work with the Minnesota Department of Health (MDH) to com- plete quarterly testing of all City wells to ensure the City is supplying water that meets the MDH Health Based Values (HBVs) for polyfluoroalkyl substances (PFAS).A key part of the City’s water operations plan has been the fact that Well #9, in the intermediate zone well field, had remained below state-determined levels for these contaminants. The third treatment facility being proposed is necessitated by the fact that PFC levels have been fluctuating at Well #9. The new treatment facility would be sited and equipped to treat either Well #7 or Well #8 to allow for blending within the City’s intermediate zone (Well #9). With this additional interim treatment, the City of Cottage Grove will have capacity to meet maximum daily demands in 2020 and for several more years until permanent water treatment is in place. The proposed facility would be an interim treatment facility constructed under the same cost- effective methodology as was used for the facilities at Wells #3 and #10. The project will be fully funded by the State through the 3M Consent Order. Neighborhood Meeting A neighborhood meeting was held on December 17, 2019, for residents within 500 feet of the proposed project area. Staff gave an overview of the project, provided the timeline for construc- tion, and displayed renderings of the completed project site. Several residents attended the meet- ing and expressed concerns about the removal of additional trees within the open space area. Staff indicated additional trees are planned to be installed as a part of the project in lieu of the removal of any existing tress at the site. Ordinance Requirements The proposed facility will be located on City-owned land that is zoned R-3, Single Family Resi- dential. The Zoning Ordinance allows for public utility installations as a permitted use in this zone. However, the City is applying for an interim conditional use permit for the water treatment facility because certain zoning requirements will not be met by the proposed design, due to its temporary nature. The conditions of the requested interim conditional use permit will provide for limited exemptions from these requirements in the public interest. Standard procedures for the review and issuance of an interim conditional use permit are based on criteria listed in the conditional use (Title 11, Chapter 2, Section 9(F)) and interim conditional use (Title 11, Chapter 2, Section 10(B)) sections of the Zoning Ordinance. These sections provide for flexibility in meeting the requirements of the Zoning Ordinance in particular circumstances, provided that the proposed use will not have a detrimental effect on surrounding properties. Since the proposed project serves an essential public need without unduly impacting surrounding properties, it is determined to have met the criteria of these ordinances. Planning Staff Report – Case No. ICUP2020-002 Water Treatment Facility, Wells 7 & 8 January 27, 2020 Page 3 of 5 Planning Considerations Setbacks The building’s setbacks from neighboring residential property lines exceed 50 feet on all sides, complying with ordinance requirements for essential service structures in residential districts (Title 11, Chapter 9D, Section 4(6)). Minimum Green Space and Maximum Building Coverage The ordinance requires that at least 30 percent of the lot be green space (Title 11, Chapter 6, Section 5(D)). Since the project is located in a City park, the project amply meets open space requirements. The area of the proposed building is 3,250 square feet, or less than 1 percent of the park’s 337,459 square foot area; the rest of the park area is almost entirely open green space. Tree Preservation The park parcel contains approximately 150 trees. The project requires removal of approximately 25 trees and 1,300 square feet of brush. These rates of removal do not trigger tree removal miti- gation requirements per the City’s Tree Preservation Ordinance (Title 11, Chapter 6, Section 19). Screening and Landscaping Existing vegetation on the site fulfills the landscaping requirements of the Zoning Ordinance (Title 11, Chapter 6, Section 5). However, the new construction triggers screening requirements per Title 11, Chapter 6, Section 4, which stipulates the following: “Where any business or industrial use, structure, parking or storage is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property.” The proposed project includes the planting of 14 new evergreen trees between the building and its nearest residential neighbors as well as other locations within the site. (See preliminary land- scape plan below.) Pending approval of the ICUP, this proposed planting is determined to fulfill screening requirements per this section. Preliminary Landscape Plan Building Height Planning Staff Report – Case No. ICUP2020-002 Water Treatment Facility, Wells 7 & 8 January 27, 2020 Page 4 of 5 Maximum building height in this zoning district is 30 feet. With building walls at approximately 14 feet, the proposed building height will be approximately 25 feet, meeting the zoning code require- ments. Building Materials The proposed project does not meet ordinance requirements for building materials of nonresiden- tial structures within residential districts. City Code Title 11, Chapter 6, Section 13, Architectural Performance Standards, states the following requirements: “Office, commercial, and institutional structures must use at least three (3) different class 1 materials and be composed of at least sixty five percent (65%) class 1 materials and not more than ten percent (10%) of class 4 materials.” Due to the building’s temporary nature and its purpose of meeting a critical public need, it is rec- ommended that the project be exempted from these requirements as part of the approval of the ICUP. Below is a rendering of the proposed structure: Proposed Site 3D Rendering Public Hearing Notices The public hearing notice was published in The Bulletin and mailed to the 167 property owners within 500 feet of the property on January 15, 2020. City Department Review The City’s Technical Review Committee reviewed the application, provided input at their January 8, 2020 meeting, and made a favorable recommendation that the proposal be approved as requested. Planning Staff Report – Case No. ICUP2020-002 Water Treatment Facility, Wells 7 & 8 January 27, 2020 Page 5 of 5 Recommendation That the Planning Commission recommend approval of the interim conditional use permit by the City of Cottage Grove for a temporary water treatment facility at Wells #7 and #8, subject to the following conditions: 1. The interim conditional use permit shall terminate on December 31, 2024. 2. Site restoration for all areas disturbed for the interim conditional use shall be re-graded to their original grade elevations, the topsoil spread back over the area that was stripped, and the entire site seeded with appropriate native seed mix, which must be completed before August 31, 2025. 3. Prior to December 31, 2024, all temporary structures and equipment used for the tempo- rary water treatment facility shall be removed from the property, or the City must have a permanent plan in place for the facility subject to City Council approval. 4. The City shall be required to reapply for an ICUP 60 days prior to the expiration date of their existing ICUP if operations are required to extend beyond December 31, 2024. 5. The City may operate the temporary water treatment facility 24 hours a day, seven days a week. 6. All applicable permits will be completed by the applicant’s contractor, submitted, and ap- proved by appropriate City departments prior to the commencement of any construction activities. Detailed construction plans for the proposed temporary water treatment facility must be reviewed and approved by the Building Official and Minnesota Department of Health. 7. Erosion control is required per City requirements until such time as site vegetation is reestablished. Erosion control measures must be implemented within a reasonable amount of time. 8. Permitted extended work hours for construction are Monday through Friday 7:00 a.m. to 9:00 p.m. and Saturday and Sunday 7:00 a.m. to 9:00 p.m. including holidays. 9. The approval for the temporary facility at Wells #7 and #8 includes a deviation from city light standards due to security for the duration of the ICUP subject to the stipulation that lighting at the property line will be downward-directed and shielded if lighting is necessary. Prepared by: Emily Schmitz Senior Planner 8 1S TST >>>> l l l l l > l > l > l l l l l l l l > > > > l PlotDate:12/16/2019-11:10am Drawingname:V:\\1938\\active\\193802283\\Design\\2019Well7-8\\CAD\\DWG\\Figures\\193802283-WELL7&8_DisplayFigure.dwg Xrefs:,48PRCL,193802283XSXT,193802283XSXU,193802283XSNO,193802283XSNU N