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HomeMy WebLinkAbout2020-06-22 PACKET 07.City of Cottage Grove Planning Commission May 18, 2020 A meeting of the Planning Commission was held virtually at Cottage Grove City Hall, 12800 Ravine Parkway South, Cottage Grove, Minnesota, on Monday, May 18, 2020, in the Council Chamber and telecast on Local Government Cable Channel 16. Call to Order Chair Khambata called the Planning Commission meeting to order at 7:00 p.m. Boike called the roll: Bigham — Present; Brittain — Present; Frazier — Present; Khambata — Present; Knable — Present; Rasmussen — Present; Wright — Present Also present were: Ben Boike, Community Development Director; Emily Schmitz, Senior Planner; Steve Dennis, Council Member Approval of Agenda Bigham made a motion to approve the agenda. Wright seconded. Boike called the roll: Bigham — Aye; Brittain — Aye; Frazier — Aye; Khambata — Aye; Knable — Aye; Rasmussen — Aye; Wright — Aye. Motion carried: 7 -to -0. Open Forum Khambata opened the open forum. Khambata asked if anyone wished to address the Planning Commission on any non -agenda item. No one addressed the Commission. Khambata closed the open forum. Chair's Explanation of the Public Hearing Process Khambata explained the purpose of the Planning Commission, which serves in an advisory capacity to the City Council, and that the City Council makes all final decisions. In addition, he explained the process of conducting a public hearing and requested that any person wishing to speak should go to the microphone and state their full name and address for the public record. Public Hearings and Applications 6.1 Northern Natural Gas — Cases CUP202-026, ZA2020-027, & SP2020-028 Northern Natural Gas has applied for a conditional use permit to expand the town border station use located at 10471 Old 70th Street South with the addition of three buildings; a site plan review to construct three buildings within the NNG-owned parcel and a secured permanent facilities easement; and a zoning amendment for a PUD, Planned Unit Develop- ment, allowing for reduced setbacks and multiple accessory structures within the AG -1, Agricultural Preservation zoning district. Planning Commission Minutes May 18, 2020 Page 2 of 5 Schmitz summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. Brittain asked if there is an easement to the south where these pipes run and what would happen with the easements when development in that southern area occurs in the future. Schmitz responded that for building there would specific setbacks from the pipeline easements. Dan Gorman, Northern Natural Gas, responded that there are two pipelines that run north and south across that property and those pipelines are in an existing easement. He explained their current setbacks for construction of structures with foundations is generally at least 45 feet off the pipeline. Northern Natural Gas works with landowners regularly on putting things like drive- way accesses over their existing pipelines or utility accesses. This would not be a strict bar to development in the area, but they would prevent a structure being built 10 feet off the pipeline. Gorman explained that on the original plan they left off the landscaping on the south side of the property because they didn't want to promise something that regulations would not allow. As staff mentioned, they do have the ability to plant trees around the back. They would have to plant trees at least 10 feet off either of those pipelines but with the existing spread between them, should be able to put trees between those two. In addition, they would be able to plant them east and west of the two pipelines, connecting to the screening on the east and west sides as well. Khambata asked if they would be doing berming on the section where they can't plant trees and if there are other types of screening options. Gorman asked for input from the Commission as to what they would like to see. From Northern's perspective, there are problems that can arise with berming. He explained that they do ongoing construction work, so it is generally easier to replace trees than it is to dig out a berm to get access to the rear facilities. However, a berm is a possibility and they have done that on other projects where it has otherwise been required. He stated that landscaping and trees would be preferable for Northern Natural Gas. Khambata asked how deep the pipelines typically are and if smaller shrubs or low ground cover could be considered. Gorman responded that would be a possibility. Frazier stated that he understands Northern Natural Gas's position that they would prefer trees instead of a berm. He asked how NNG ensures that trees and landscaping required by the City for screening remain on the property. He noted that the 2002 staff report required 15 trees to be on the property, and when the site survey was done for this project, there are only nine trees remaining. Gorman responded that Northern does try to maintain all the conditions for the conditional use permit, including ongoing screening. It is his understanding from conversations he had with the landowner, some of the trees on the west side did not flourish and even though the homeowner had requested the screening, the owner decided not to have NNG remediate those trees. Gorman understands this is a much larger facility and stated that Northern does take active steps in maintaining screening at their facilities, so it is their intent to plant and maintain any required screening. He stated that based on the City's recommendations and the agreement with the landowner of the permanent easement, they will be planting trees of substantial size, which should have a better chance of surviving. Khambata opened the public hearing. Planning Commission Minutes May 18, 2020 Page 3 of 5 Kimberly Goebel, 10174 70th Street South, stated that often when she walks by the site, she can hear and smell gas. She asked with the expansion if there will be more leaking. Gorman responded that as far as he is aware, there are no active leaks on the property. It is possible with the outside above ground piping, that natural gas flowing through those pipelines can be heard. All additional facilities that they are proposing will be enclosed, and there will be above ground piping in the larger building. He explained that part of the reason for enclosing the pipleines is to mitigate sounds from the facility, as well as for safety and security. The other two buildings are electronic control buildings and no gas will flow through those buildings. Khambata asked how complaints about odors are typically addressed. Gorman stated that odors are relatively rare at town border stations. It is possible when they are doing maintenance or construction work that some gas may need to be vented off. He explained that odorizing normally happens at the point where it is going onto the city grid; the two pipelines that run north and south are not odorized pipelines. The only thing that might be a possibility is if the City facility located to the east of the NNG facility might be adding odorant to the system. Goebel stated that the odor is coming from that facility and she has called the number on the site about it numerous times. Gorman stated that he will follow up on this issue. No one else spoke. Khambata closed the public hearing. Rasmussen stated his preference for screening would be for trees to be planted on the south side. This site sits a little below 70th Street, which gets a lot of traffic, and he thinks trees would be a lot more effective than a berm for screening the south side. Khambata asked if that recommendation could be added to any motion by the Commission. Schmitz responded that as part of the Planning Commission's recommendation, an amend- ment could be made to condition #1, where it spells out the berming requirement on the south side, to instead require to an additional double row of coniferous trees. Khambata asked if the applicant preferred trees. Gorman responded that planting trees on the south side would be preferable to a berm; he noted that they do screen facilities with other methods as well upon request, which has included architectural netting and fence slats. The only reason that this particular plan did not show the placement of trees is because at the time they were under the impression that their engineering best practices guidelines would restrict full trees to 45 feet away from those; however, they did look into that and can plant them as close as 10 feet from the pipelines. Brittain made a motion to approve the conditional use permit, site plan review, and zon- ing amendment based on the findings of fact and subject to the conditions in the staff report with an amendment to condition #1 to add a row of trees on the south side of the property. Wright seconded. Boike called the roll: Bigham — Aye; Brittain — Aye; Frazier — Aye; Khambata — Aye; Knable — Aye; Rasmussen — Aye; Wright — Aye. Motion carried: 7 -to -0. Motion passed unanimously (7 -to -0 vote). 6.2 Hy -Vee Fireworks Tent — Case ICUP2020-029 Planning Commission Minutes May 18, 2020 Page 4 of 5 TNT Fireworks has applied for an interim conditional use permit to allow the retail sales of Minnesota -approved fireworks in the Hy -Vee parking at 7280 East Point Douglas Road South. Schmitz summarized the staff report and recommended approval subject to the conditions stip- ulated in the staff report. Jake Quam, Area Manager for TNT Fireworks in Minnesota, stated that he would answer any questions from the Commission. Khambata opened the public hearing. No one spoke. Khambata closed the public hearing. Khambata stated that this application looks standard to other ICUPs. He likes that this ICUP will be reviewed every year and that the fireworks tent will not impede on garden center operations. Frazier made a motion to approve the interim conditional use permit subject to the con- ditions in the staff report. Bigham seconded. Boike called the roll: Bigham — Aye; Brittain — Aye; Frazier — Aye; Khambata — Aye; Knable — Aye; Rasmussen — Aye; Wright — Aye. Motion carried: 7 -to -0. Approval of Planning Commission Minutes of April 27, 2020 Wright made a motion to approve the minutes of the April 27, 2020, Planning Commis- sion meeting. Rasmussen seconded. Boike called the roll: Bigham — Aye; Brittain — Aye; Frazier — Aye; Khambata — Aye; Knable — Aye; Rasmussen — Aye; Wright — Aye. Motion carried: 7 -to -0. Reports 8.1 Recap of May 2020 City Council Meetings Boike provided a summary of actions taken at the City Council meeting on May 6, 2020. Dennis presented Commissioner Wright with a certificate of appreciation and a challenge coin for his service on the Planning Commission, as he is resigning due to his Army deployment. Several Commissioners also gave statements of appreciation to Wright. 8.2 Response to Planning Commission Inquiries 8.3 Planning Commission Requests Brittain requested that diagrams in the staff reports be oriented directionally current or include compass directions. Boike responded that will be done. Planning Commission Minutes May 18, 2020 Page 5 of 5 Adjournment Wright made a motion to adjourn the meeting. Rasmussen seconded. Boike called the roll: Bigham - Aye; Brittain - Aye; Frazier - Aye; Khambata - Aye; Knable - Aye; Rasmussen - Aye; Wright - Aye. Motion carried: 7 -to -0. The meeting was adjourned at 8:02 p.m.