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HomeMy WebLinkAbout6.g. Text Amendment to add Outdoor Bulk Material Storage as an Interim Use within the HI-Heavy Industrial Zoning District, 09-11-TAAGENDA ITEM: 09 -11 -TA A Text Amendment to add Outdoor Bulk Material Storage as an Interim Use within the HI -Heavy Industrial Zoning District. AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 1 0 t ATTACHMENTS: Ordinance, Site Map, Site Plan, Narrative, Excerpt from the May 26 Planning Commission Minutes APPROVED BY obi RECOMMENDED ACTION: Motion to approve an Ordinance Amendment to add Outdoor Bulk Material Storage as an Interim Use to the HI -Heavy Industrial Zoning District 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: June 16, 2009 EXECUTIVE SUMMARY SUMMARY Flint Hills Resources, LP (FHR) operates a petroleum refinery in north central Rosemount (and a small portion in southern Inver Grove Heights). Through the refining process, two non petroleum products are produced, coke (a form of coal) and sulfur. Traditionally, the sulfur has been stored as a liquid and shipped to market via liquid rail cars. Currently, FHR is looking for new markets and is proposing to solidify the sulfur in asphalt lined basins originally constructed for storm water storage. Bulk material storage is currently only permitted indoors in the HI -Heavy Industrial zoning district and FHR is requesting for a text amendment to allow bulk material storage outdoors to allow for the solidification of sulfur. Consistent with planning and zoning tenets, the ordinance is being written so it applies to all properties within the H -I Heavy Industrial District. While it is understood that the outside storage request is prompted by a situation at Flint Hills, the ordinance would be uniformly applied to all properties zoned H -I. PLANNING COMMISSION MEETING MAY 26, 2009 The Planning Commission conducted a public hearing regarding the proposed text amendment during their May 26 meeting. Lowell Miller Stolte, representing FHR, spoke on behalf of the requested text amendment and explained they are also talking with Dakota County Environmental Management (DCEM) and the Minnesota Pollution Control Agency (MnPCA) about how to comply with those agencies' regulations. The Planning Commission questioned if the setbacks are great enough to prevent environmental impacts to the air quality, does the solidification process degrade the asphalt liner of the basin, and how long FHR would store this material on site. Mr. Stolte stated that they have done a test pour of the sulfur and modeled the air emissions and have determined that the location is far enough away from site property lines to prevent any airborne particulates from leaving the FHR site. Mr. Stolte stated that if FHR poured the sulfur directly onto the asphalt in one location that then the asphalt would melt away exposing the underlying soil. To resolve this issue, FHR has developed a system to spread the flow of the sulfur out over a large area similar to the arc of a sprinkler to dissipate the heat from the liquid sulfur and to prevent that degradation of the asphalt. Mr. Stolte also stated that they have been discussing with the MnPCA a permit that would allow that any given amount of sulfur could not be stored on the FHR site for longer than one year. FHR would be able to perform the process of solidifying sulfur for multiple years, but that once a piece of sulfur is solidified, that piece of sulfur cannot be stored on the FHR property longer than one year. No residents spoke during the public hearing. The Planning Commission discussed the proper height limitation for the proposed stockpiles, the appropriate limit for the amount of land covered by the bulk material storage, and the proper setback from the Mississippi River. Staff explained that the height limitation of the stockpiles was taken from the asphalt plant interim use permit standards, that the 15% coverage limitation is to recognize that bulk material storage would be a minimal part of the operation (even less than a typical accessory use would be expected to be), and that the Mississippi River floodplain is its own zoning district and that the setback requirements would apply from the zoning district boundary. The Planning Commission recommended approval of the Text Amendment with the standards proposed by staff and that recommendation is included within the Ordinance provided for action by the City Council. ISSUE FHR operates a petroleum refinery in Rosemount and through the refining process two non petroleum products are produced, coke and sulfur. Coke is a form of coal and is stored in large piles in the center of the facility and shipped to market via open rail cars. The outdoor storage of this coke is not permitted within the City's zoning ordinance, but this practice has occurred since the refinery began operation around 1960, more than 10 years before the City incorporated and adopted its first zoning ordinance. Sulfur is a solid at the temperatures normally experienced in Minnesota, but is a liquid when it is removed from the petroleum at the temperatures associated with the refining process. All crude oil contains sulfur, but the Canadian crude oil that FHR typically refines has a higher sulfur content than most other crudes. FHR produces about 1,000 tons of sulfur a day. Traditionally, sulfur has been stored in heated tanks on the site to maintain it in a liquid form. Sulfur is used by other industries for the manufacturing of sulfuric acid, rubber, gunpowder, and as a fertilizer additive. The sulfur has been shipped to market using liquid rail cars. The recent economic downturn has caused the sulfur market to bottom out, resulting in FHR having to look for alternative markets for sulfur, including the possible landfilling of the excess sulfur. Landfilling, as well as some other alternative markets, requites the sulfur to be shipped in a solid form. FHR has developed a process in which they are proposing to take the liquid sulfur out of their tanks and deposit it into an asphalt lined basin that had been used for stormwater management, letting the sulfur solidify, then removing the sulfur and shipping it off site via trucks or rail cars. FHR has done a test pouring of this process and it appears to work with very little to no impact on air or water quality. The sulfur when poured has a slight smell of rotten eggs, but the smell did not leave the area of the pouring and did not leave the site of the refinery. Once the sulfur is solid it is very stable and does not react easily with rainwater. Any rainwater that falls within the basin is collected and treated within the FHR wastewater treatment plant on site. Sulfur can bum but it is not explosive, similar to wood. The concern with burning sulfur is that that the water that would be used to put out the fire would produce sulfuric acid, but FHR's emergency management plan calls to collect the water that would be used in the basin and treat it in their on site treatment plant. 2 The basin that is proposed to be used to solidify the sulfur is located in the west central portion of the site more than 600 feet from Rich Valley Boulevard. The basin is lined with asphalt to prevent infiltration into the ground and the basin can hold between 70,000 and 100,000 tons, which is approximately 70 days of peak sulfur production. Once the basin is full and the sulfur is solid, FHR plans on removing it from the basin and shipping it off site via trucks or rail cars. To allow a continual process of solidifying sulfur, FHR is proposing to construct a second asphalt line basin north of the first basin to allow one basin to be filled while the second basin is removing the solid sulfur. In this process, the only time that the sulfur is above the grade of the surround site would be when it is removed to be shipped. The request before the City Council is not to approve that storage of sulfur outdoors, but to consider if the outdoor storage of bulk materials is something that Rosemount is willing to allow. If Rosemount is willing to allow the storage, then the first step in the process will be to determine what are appropriate regulations to put on the outdoor storage of bulk materials to ensure that they do not cause nuisances or interfere with the neighboring property owners' reasonable use of their property, as well as ensuring that the allowance of this storage does not interfere with the orderly development of the City. Considering an amendment to the text of the zoning ordinance is a legislative action and the City has the most flexibility (the most latitude) when making legislative decisions. If the City chooses to allow outdoor bulk material storage, then any other business in the same zoning district would be allowed to store bulk material outdoors providing that they meet the performance standards proposed within the text amendment. While staff has outlined the process FHR anticipates relating to its bulk storage issue, the City Council should consider other HI zoned properties and the materials and the product they have on their site. TEXT AMENDMENT FHR has requested a text amendment to the HI -Heavy Industrial zoning district to allow the storage of sulfur outdoors. The description of the sulfur solidifying process above was provided to understand what potentially are the issues associated with the request. The City Council must also consider the other types of material that may be requested to be stored outdoors by other industrial users. Other heavy industrial users in Rosemount include fertilizer warehousing, acid wholesaling and repackaging, and nitrogen chemical production. Other non -heavy industrial users in Rosemount include food waste to animal feed manufacturing, secondary aluminum smelting, and trucking businesses. Many of these products would not be acceptable to store outdoors under any circumstance, while other may be acceptable if they were stored with the proper conditions and safeguards. If the City Council believes that it would be acceptable to store sulfur outdoors as FHR has proposed, then a text amendment should be crafted that allows that storage, as well as other similar product, but have specific performance measures to prevent unsuitable products from being stored outdoors and proper safeguards for products that may be suitably stored outdoors. Staff has prepared the following text amendment to allow the outdoor storage of bulk materials. The actual text is show in italic, while staff's basis for the proposed standard is provided in standard text. 11 -4-16 -1 E. Interim Uses: The sulfur market has recently fallen apart, but staff would expect that it would improve when the economy improves. Staff recommends that the outdoor bulk material storage should be temporary, not permanent. Additionally, staff does not want to make bulk storage permanent for businesses but wants an ordinance that can be flexible due to market or economic conditions. 3 Outdoor Bulk Material Storage and Processing, subject to the following: Staff does not view the storage of sulfur as waste storage, as FHR refers to it in their narrative, even if it may ultimately be landfilled. Sulfur is normally a marketable product, FHR will not be landfilling the sulfur on site, and the staff does not want to open the ordinance to storing wastes within the HI Heavy Industrial zoning district. 1. The bulk material is essential to the operation of the principal use of the site. Only materials that are used or produced by the business can be stored on site. Staff does not want businesses to temporarily store other businesses' waste, materials, or by- products. 2. Processing of the bulk material is limited to changing the size of the material or changing the state of the material from liquid to solid. No blending or otherwise changing the chemical composition of the material is permitted to occur outdoors. Staff does not want businesses to produce the bulk materials outdoors (i.e. creating production lines outdoors), but does want to allow reasonable processing necessary to shipping the product to send it to market. 3. The bulk material is nonputrescible. This limits the types of bulk material stored outdoors to those that do not rot or do not degrade into different chemical compounds. 4. The leachate from the bulk material is contained, collected, and treated through a waste water treatment system in compliance with State, County, and local regulations. This limits the storage of bulk materials outdoors to the business that either already invested in wastewater treatment systems, or requires business to invest in waste water treatment system before they have the benefit in storing bulk materials outdoors. 5. The area used for bulk material storage is no more than fifteen percent (15 of the land area used by the principal structures This limits the storage of bulk materials to a minimal part of their overall business, even less than what would normally be considered an accessory use. 6. The height of any stockpile of bulk material stored outdoors shall not exceed fifty (50) feet. This is a similar standard to the material storage pile heights allowed in the Interim Use Permit standards for an asphalt plant. 7. All outdoor bulk material storage shall be set back and screened as outlined below. In no case shall the outdoor storage of bulk material be located within 350 feet of any public right -of -way or property line. These are similar (but more restrictive) to the standards that are within the HI Heavy Industrial zoning district for storage tanks and other structures that are not enclosed within a building. a. If an outdoor storage area is located between 350 feet and 600 feet of a public right of way, it shall be screened from eye level view from the public tight of way by a one hundred percent (100 opacity screen to a height equal to the items being screened, but not more than thiry five (35) feet. Screening shall be accomplished by buildings, structures, landscaping and berming natural topography, screening wall, or a combination thereof Any screening wall shall be made of a masonry material and shall not extend more than 300 feet without a change in architecture to reduce its mass and appearance. b. If an outdoor storage area is located between 600 feet and 1,000 feet from a public right of way, it shall be screened from the eye level view from the public right of way by a seven y five percent (75 opaci y screen to a height equal to the items being screened but not more than thiry five feet (35). Screening shall be accomplished by buildings, structures, landscaping and berming natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than 300 feet without a change in architecture to reduce its mass and appearance. c. If an outdoor storage area is located more than 1,000 feet from a public right of way, no screening shall be required. 4 RECOMMENDATION Staff recommends a motion to approve an Ordinance amendment to allow the outdoor storage of bulk materials in the HI Heavy Industrial zoning district. 5 City of Rosemount Ordinance No. B- 201 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO INTERIM USES: OUTDOOR BULK MATERIAL STORAGE AND PROCESSING THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11- 4-16 -1 E. Interim Uses: Outdoor Bulk Material Storage and Processing, subject to the following: 1. The bulk material is essential to the operation of the principal use of the site. 2. Processing of the bulk material is limited to changing the size of the material or changing the state of the material from liquid to solid. No blending or otherwise changing the chemical composition of the material is permitted to occur outdoors. 3. The bulk material is nonputrescible. 4. The leachate from the bulk material is contained, collected, and treated through a waste water treatment system in compliance with State, County, and local regulations. 5. The area used for bulk material storage is no more than 15% of the land area used by the principal structure. 6. The height of any stockpile of bulk material stored outdoors shall not exceed fifty (50) feet. 7. All outdoor bulk material storage shall be set back and screened as outlined below. In no case shall the outdoor storage of bulk material be located within 350 feet of any public right -of -way or property line. a. If an outdoor storage area is located between 350 feet and 600 feet of a public right of way, it shall be screened from eye level view from the public right of way by a one hundred percent (100 opacity screen to a height equal to the items being screened, but not more than thirty five (35) feet. Screening shall be accomplished by buildings, structures, landscaping and berming, natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than 300 feet without a change in architecture to reduce its mass and appearance. b. If an outdoor storage area is located between 600 feet and 1,000 feet from a public right of way, it shall be screened from the eye level view from the public right of way by a seventy five percent (75 opacity screen to a height equal to the items being screened but not more than thirty five feet (35'). Screening shall be accomplished by buildings, structures, landscaping and berming, natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than 300 feet without a change in architecture to reduce its mass and appearance. c. If an outdoor storage area is located more than 1,000 feet from a public right of way, no screening shall be required. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this day of 2009. A'I'' EST: Amy Domeier, City Clerk CITY OF ROSEMOUNT William H. Droste, Mayor Published in the Rosemount Town Pages this day of 2009. Flint Hills Resources 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 0.5 mile Ci I4 ROSS'` itAa c 'r FLINT HILLS Iresoufce.s® Pine Bend Refinery April 20, 2009 Mr. Eric Zweber Senior Planner City of. Rosemount 2875•145 Street West Rosemount, Minnesota 55068 -4997 DIMIH APR 2 2 2009 J By P.O. Box 64596 Saint Paul, Minnesota 55164 651.437.0700 RE:. Flint Hilis Resources, LP (FHR) Pine Bend Refinery; Zoning Ordinance Text Amendment Application for Waste Storage Dear Mr. Zweber: As discussed at our meeting. last month at the refinery, Flint Hilis Resources (FHR) is requesting a zoning ordinance text•amendment that will allow for solid waste storage as a permitted use within the heavy industrial, (HI)"zoning district (application and fee are attached). The intent of this zoning change is to, allow-for storage of waste sulfur prior to transporting offsite t� a disposal facility such as a landfill, and is intended to. meet the long term' 'requirements for.managing sulfur given the uncertainty in the sulfur market under the current economicclimate (as summarized in your February 4,`2009, correspondence to FHR). To further clarify curre status as it relates to,your February summary, FHR did solidify approximately 3,500 tons of sulfur in the west tank_farm (WTFB) during the week'af January 26, as yo i saw on your visit. last month. Prior to initiating thi&effort, FHR had multiple meetings with the Minnesota Pollution Control Agency (MPCA) to review environmental Considerations with the project, including air, water; and waste issues. No permitting was required based on this review and both the city and countywere notified prior to initial pouring.. FHR continues to maintain compliance with all environmental regulations associated with this. 'project with the sulfur being considered a product. FHR.is evaluating optionsfor moving the sulfur, with timing dependent on whether additional product will be solidified in the next few months (economy of scale considerations for both removal. and shipping). Sincp'January, we have'not had to store any additional sulfur.in the WT.FB and have. been able to ship all of our sulfur production in molten form via railcars is typical). FHR intends to continue to'ship sulfur via rail to. customers, however,_we may see, a potential Toss of viable customer demand forboth molten and solid bulk sulfur, resulting in the sulfur becoming a waste stream. I Thezoning amendment change would provide flexibility_in our ultimate disposition of sulfur stored in the basin in thefuture, if needed (i.e., either'asa :waste or as a product depending on Rosemount Plan Review Additional Information market conditions). The current plan is to install another basin'immediately north of, and similar to the current one,. so that shour the need arise, When one basin is being filled, the'other could be emptied ano transported for.•offsite management of the sulfur as,either product or as a waste material. Currently, the basin is below ground and not visible from adjacent roads. Future plans are to utilize similar below grade'storage with the existing and future basin. However, FHR would. prefer to maintain the option of building, up an engineered berm 5 -10' high around the perimeter of these basins (consistent with current construction; Le., asphalt ljned) to allow for additional .capacity to ensure adequate time for removing. sulfur from a basin while switching to the other basin. Again, no.sulfur will be visible from adjacent roadways, both due to below grade management as,well as significant coniferous perimeter trees along Rich Valley. in 'addition to city approvals, a solid waste,permit with a %public notice will be requiredto be obtained through the MPCA, as well as a Special Waste Storage Facility license from Dakota County. FHR is not pursujng any onsite'disposal of sulfur with any of these actions. Given the current .uncertain market and the various regulatory approvals required, your prompt support for this effort is greatly appreciated. If you have any questions or need clarification on any of this information, please contact me directly at 651 -437 -0831. Thank for your consideration in this matter.. Sincerely, Lowell Miller, Stolte, Air Team Lead Flint Hills ResoUrces attachments Cc (cover only): Mayor William H. Droste and City Rosemount _Dwight Johnporr, City Administrator_ Kim Lindquist,'Community Development Director Michael Lynn, Dakota County Environmental Management Dave Magnuson, Dakota County Environmental Management Robert Criswell, Minnesota Pollution Control Agency Caroliina Schutt, Minnesota Pollution Control Agency Page 2 r EXCERPT OF MINUTES PLANNING COMMISSION REGULAR MEETING MAY 26, 2009 5.b. Request by Flint Hills Resources, LP for a Text Amendment to add Outdoor Bulk Material Storage as an Interim Use within the HI -Heavy Industrial Zoning District (09- 11 -TA). Senior Planner Zweber reviewed the staff report. Flint Hills Resources, LP (FHR) operates a petroleum refinery in north central Rosemount (and a small portion in southern Inver Grove Heights). Through the refining process, two non petroleum products are produced, coke (a form of coal) and sulfur. Traditionally, the sulfur has been stored as a liquid and shipped to market via liquid rail cars. Currently, FHR is looking for new markets and is proposing to solidify the sulfur in asphalt lined basin originally constructed for storm water storage. Bulk material storage is currently only permitted indoors in the HI -Heavy Industrial zoning district and FHR is requesting a text amendment to allow bulk material storage outdoors to allow for the solidification of sulfur. Mr. Zweber paused to give the Commissioners a chance to ask questions about the actual storage proposal before explaining the text amendment process. Commissioner Irving asked how much research was conducted with respect to the environmental impacts particularly with Rich Valley Boulevard so close to the storage and whether or not there should be a setback requirement imposed. Mr. Zweber replied that the government agencies required to review this proposal have requirements on air quality and the like and it will be reviewed and approved by those agencies to ensure accuracy of the proposal. The City will be imposing requirements such as screening and whether or not the storage can be above or below ground, not environmental issues. Commissioner Demuth asked if the integrity of the asphalt is minimized. Mr. Zweber replied that the Applicant would be better to answer that question. Commissioner Messner asked if there will be a time limit imposed on how long the material can be stored in the containment areas. Mr. Zweber replied that the time limit will be addressed directly within the IUP should the Commission choose to address that issue. By making it an IUP and not a CUP, the City is inferring that it will not be permanent. Mr. Zweber continued his presentation with an explanation of the standards within the text amendment process. The Applicant, Lowell Miller Stolte, Flint Hills Resources, approached the Commission to answer questions. Commissioner Irving asked about the impact to the road and the area surrounding the storage. Mr. Stolte replied that to research the environmental impacts, Flint Hills took the worst case conditions with the sulfur and did modeling to look at emissions and progressed the rates. He stated that the tests did not exceed the standards. To answer Commissioner Demuth's question about the integrity of the asphalt, Mr. Stolte replied that it could affect the integrity of the asphalt if the sulfur was poured continuously in the same spot. However, he stated that Flint Hills spreads the sulfur out evenly in blocks to maintain the integrity. Commissioner Schwartz had several questions for the Applicant including what the procedure would be if storage exceeded a year, what the process consisted of in pouring the sulfur, how the smell of the sulfur would be dealt with and how flammable the sulfur is. Mr. Stolte replied that it is unlikely that storage will be more than a year. The proposed area will hold up to 180 days worth of sulfur and if the product isn't being distributed, the product will have to be stored elsewhere. Mr. Stolte explained the process of when the sulfur is poured and stated that the smell is stronger at night when there is no wind as wind disperses the odor. Mr. Stolte further explained that sulfur is as flammable as coal or petroleum; it would take some effort to light it. Commissioner Irving asked if the area would eventually become a landfill if the market is slow and the product doesn't move. Mr. Stolte replied that they would build another basin so there would be an empty basin every 70 days. Mr. Zweber added that the IUP addresses two issues: the timing of how long the sulfur can remain onsite; and provisions to ensure that the outdoor storage will not remain indefinitely. He stated the IUP will be in effect for a period of time. However, Mr. Zweber stated that the recommendation at tonight's meeting only sets up conditions in the event outdoor storage is approved. The public hearing was opened at 7:31p.m. There were no public comments. MOTION by Messner to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. Public hearing was closed at 7:31p.m. Commissioner Messner mentioned the possibility of other proposed sites for outdoor storage and questioned the standards for the height of accessory structures and land use percentage. Mr. Zweber showed the Commission on a land use map the other possible sites for outdoor storage. He further stated that the height limitation of accessory structures is 75 feet in height with a 50 foot setback and that typically, an accessory use is defined as 15% less land than the principal use, but staff does not think this is an accessory use. Commissioner Irving asked about the other outdoor storage sites with respect to setbacks to the river boundary. Mr. Zweber explained the flood plain boundary and the setbacks involved from the hundred year flood plain elevation. MOTION by Messner to recommend that the City Council approve a Text Amendment to add Outdoor Bulk Material Storage as an Interim Use to the HI -Heavy Industrial Zoning District by adding the following text 11- 4-16 -1 E. Interim Uses: Outdoor Bulk Material Storage and Processing, subject to the following. 1. The bulk material is essential to the operation of the principal use of the site. 2. Processing of the bulk material is limited to changing the size of the material or changing the state of the material from liquid to solid. No blending or otherwise changing the chemical composition of the material is permitted to occur outdoors. 3. The bulk material is nonputrescible. 4. The leachate from the bulk material is contained, collected, and treated through a waste water treatment system in compliance with State, County, and local regulations. 5. The area used for bulk material storage is no more than 15% of the land area used by the principal structure. 6. The height of any stockpile of bulk material stored outdoors shall not exceed fifty (50) feet. 7. All outdoor bulk material storage shall be set back and screened as outlined below. In no case shall the outdoor storage of bulk material be located within 350 feet of any public right -of -way or property line. a. If an outdoor storage area is located between 350 feet and 600 feet of a public right of way, it shall be screened from eye level view from the public right of way by a one hundred percent (100 opacity screen to a height equal to the items being screened, but not more than thirty five (35) feet. Screening shall be accomplished by buildings, structures, landscaping and berming, natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than 300 feet without a change in architecture to reduce its mass and appearance. b. If an outdoor storage area is located between 600 feet and 1,000 feet from a public right of way, it shall be screened from the eye level view from the public right of way by a seventy five percent (75 opacity screen to a height equal to the items being screened but not more than thirty five feet (35'). Screening shall be accomplished by buildings, structures, landscaping and berming, natural topography, screening wall, or a combination thereof. Any screening wall shall be made of a masonry material and shall not extend more than 300 feet without a change in architecture to reduce its mass and appearance. c. If an outdoor storage area is located more than 1,000 feet from a public right of way, no screening shall be required. Second by Irving. Ayes: 5. Nays: 0. Motion approved. As follow -up, Mr. Zweber stated that this item will go before the City Council at the next regularly schedule meeting on June 16, 2009.