HomeMy WebLinkAbout8.c. Set Public Hearing - Minor Comprehensive Guide Plan AmendmentCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: OCTOBER 1, 1991
AGENDA ITEM: MINOR GUIDE PLAN AMENDMENT
AGENDA SECTION:
CLARIFICATION OF WASTE MANAGEMENT & PUBLIC
NEW BUSINESS
PREPARED BY:
AGENIffM Q C
8
LISA J. FREESE, DIRECTOR OF PLANNING
ATTACHMENTS: STAFF MEMO, PC REVIEW
APPROVED BY:
Recent discussions with the Metropolitan Council staff regarding the City's
Guide Plan have prompted the need to clarify the Waste Management land use
plan element and the Public and Institutional land use plan element in the
Guide Plan. These clarifications are considered to be a Minor Guide Plan
Amendment by the Metropolitan Council staff. Presently staff is working to
draft the text of the amendment and the Planning Commission will be
reviewing and making recommendations on the proposal at their October 7
Regular Meeting.
A public hearing is required for all guide plan amendments. Planning staff
recommends that the public hearing be held on October 15, 1991.
RECOMMENDED ACTION: A motion to set a Public Hearing for a Minor
Guide Plan Text Amendment of the Waste Management and Public Land
Use Elements for October 15, 1991 at 8:00 p.m.
COUNCIL ACTION:
(Pity of (Rosemount
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 423-5203 Mailing Address: Vernon Napper
P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS
TO: Mayor Napper Sheila Klassen
John Oxborough
Council Members Klassen, Oxborough, Wippermann, WillctaYwillcox
Dennis Wippermann
FROM: Lisa Freese, Director of Planning ADMINISTRATOR
Stephan Jilk
DATE: September 27, 1991
RE: October 1, 1991 Council Agenda
BACKGROUND ON MINOR GUIDE PLAN AMENDMENT
Over the past few months City Staff has been meeting with County
Staff to discuss the City's concerns about the proposed Dakota
County Resource Recovery Facility (RRF) and to develop an
appropriate land use review process for the project. In part,
deciding on the appropriate land use review process has been
clouded by the Waste Management land use and regulatory authority
issues pertaining to the University property that are being
discussed as part of the Comprehensive Guide Plan process. As you
are well aware of, no definitive conclusions have been made on
these issues to this date.
The County is at a point that they want to proceed with land use
review. City staff and our consultant, Dean Johnson of Resource
Strategies, have examined the various alternatives carefully and
have developed a recommendation for a review process that we have
substantial comfort with. Staff recommends that the Dakota County
RRF be considered a public or institutional land use. Under this
scenario, the review process that the County would be required to
follow consists of three components: 1) petition to amend the
Zoning Ordinance to permit publicly owned municipal waste
incineration facilities in the Public/Institution zoning district
via Interim Use Permit; 2) petition to rezone the land from
Agricultural to Public; and 3) request an Interim Use Permit for
the Facility. Approval of all three components would be required
in order to permit the facility in the City.
This approach does not force the City to make a premature decision
about whether or not to have a Waste Management district on the
University property.
The rationale used for considering this a Public/Institutional Use
is based on the fact that this facility is a publicly owned mass
burn incinerator that will be serving the area needs. This
facility is comparable in function to the Rosemount Treatment
Plant which is currently designated as Public and Institutional in
the Comprehensive Guide Plan. This is also consistent with the
Public and Institutional Zoning District intent which is designed
to accommodate major public and institutional uses that serve the
6verylhings Coming (Up gosemounlP
C.? 'crtw,.cr.Kvo.Nr
Minor Guide Plan Amendment
October 11 1991 City Council Agenda Item
Page Two
entire community. The attached materials, reviewed by the
Planning Commission at the September 24 Regular meeting, provides
additional background on the concept.
The Dakota County RRF is located in the Airport Search Area and
the Metropolitan Council requires that all rezonings or land use
changes within the search area be administratively reviewed by the
Metropolitan Council. On Tuesday, September 24th, City and County
staff met with Metropolitan Council staff to discuss the
appropriateness of this proposed land use process from their
perspective.
The Metropolitan Council staff responded that the City's proposal
was acceptable to them, but they felt that the City should clarify
its Guide Plan prior to any actions on the Dakota County RRF
w proposal. The clarifications they suggested included refining the
Waste Management Land Use Element to include only private waste
management activities and to clarify Public and Institutional uses
to the Comprehensive Plan. The Metropolitan Council considers
these clarifications a Minor Guide Plan Amendment.
If the City Council approves of this policy direction, staff
recommends that a public hearing be set for the October 15 Council
meeting to consider the guide plan text amendment. Presently
staff is working to draft the text of the amendment. The Planning
Commission will review and make recommendations on the proposal at
the October 7, 1991 Regular meeting. As well, the Airport Search
Area Land Use Change submission to the Metropolitan Council should
be considered by the Council at the next meeting. No public
hearing is required for the City to submit an Airport review
request.
ity Of Rosemount
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 423-5203 Mailing Address: Vernon Napper
P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS
Sheila Klassen
CITY OF ROSEMOUNT John Oxborough
Harry Willcox
Public Notice Dennis Wippermann
ADMINISTRATOR
Comprehensive Guide Plan Text Amendment Stephan Jilk
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount
will hold a public hearing on Tuesday, October 15, 1991 in the
Council Chambers of the City Hall, 2875 145th Street West,
beginning at 8:00 p.m. or as soon thereafter as possible.
The purpose of this hearing is to receive comments on a proposed
text amendment to the Rosemount Comprehensive Guide Plan. The
City Council will consider clarifications of the Waste Management
Plan Element of the plan and the Public and Institutional Land Use
Element of the plan.
Persons wishing to speak on this issue are invited to attend this
meeting on Tuesday, October 15, 1991 at 8:00 p.m.
Dated this 2nd day of October, 1991.
Susan M. Johnson, City Clerk
City of Rosemount
Dakota County, Minnesota
(Sverylkingrs (Pouring lC p gosemount�1
(Pity of (Rosemount
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota
FAX (612) 423-5203 Mailing Address:
P. O. Box 510, Rosemount, Minnesota 55068-0510
TO: Planning Commission .
FROM: Lisa J. Freese, Director of Planning
DATE: September 19, 1991
SUBJ: September 24, 1991 Regular Meeting Reviews
ATTACHMENTS: LAND USE CHANGE REQUEST
LOCATION MAP
LAND USE PLAN MAP
ZONING MAP
5c. NEW BUSINESS:
AIRPORT SEARCH AREA LAND USE CHANGE
- DAKOTA COUNTY RESOURCE RECOVERY FACILITY
RECOMMENDED MOTION: Motion to recommend that City
the Airport Search Area Land Use Change Information
for the Dakota County Resource Recovery Facility to
Metropolitan Council for review.
MAYOR
Vernon Napper
COUNCILMEMBERS
Sheila Klassen
John Oxborough
Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
Council submit
Submission
the
BACKGROUND:
As you are undoubtedly aware, Dakota County is proposing to
construct a mass burn solid waste incinerator on a 22.5 acre site
of the University of Minnesota's Rosemount Research Center in
Rosemount. Over the past few months, the County and City staff
have been meeting to discuss financial arrangements and review
process alternatives for the facility. In part, deciding on the
appropriate land use review process has been clouded by the Waste
Management land use and regulatory authority issues pertaining to
the University property that are being discussed as a part of the
Comprehensive Guide Plan process. It appears that a decision
will not be made by the City in time to meet the County's project
needs.
In an effort to find an alternative review process that will not
force a premature decision regarding the Waste Management
district, Staff and City Consultants have developed a proposed
course of action for the County to follow: to petition to rezone
this site from Agricultural to Public and Institutional, and to
amend the zoning ordinance to allow publicly owned municipal
solid waste incineration facilities by interim use permit.
On Tuesday, City and County staff will be meeting with
Metropolitan Council staff to discuss the viability of this
review process from their perspective. If the Metropolitan
Council staff provides positive feedback, staff will be asking
6verylking's �oming CUti RosemounlY
Dakota County
Page Two
the Planning Commission to consider an Airport Search Area Land
Use Change Information Submission for this site. The
Metropolitan Council requires this review because the site is
located within the Airport Search Area. Forwarding this
submission to the Metropilitan Council would only indentify the
process to be followed and will not in any way consitite City
approval of the project. Those decisions will be made by the
City at the time of review of the rezoning petition and interim
use permit, if requested by the County.
Attached is a copy of the application and supporting
documentation for your review.
CITY OF ROSEMOUNT
Airport Search Area Land Use Change
DAKOTA COUNTY RESOURCE RECOVERY FACILITY
October 1, 1991
The City of Rosemount is requesting approval of a land use change within an airport
search area. The land use change consists of two related actions: the rezoning of
approximately 22.5 acres of land from Agriculture to Public and Institutional and a
zoning text amendment to allow publicly owned municipal solid waste incineration
facilities by interim use permit. This request for approval is in response to the
proposed Dakota County Resource Recovery Facility (RRF).
The proposed RRF is generally located in the south central portion of the City.
Dakota County is acquiring approximately 48 acres of the Rosemount Research Center,
in this location, from the University of Minnesota. The County is also acquiring
property from the University in Empire Township. The proposed RRF will be situated
on 22.5 acres of the northwest quadrant of the intersection of 160th Street and Blaine
Avenue.
The proposed RRF is a mass bum municipal solid waste incinerator. The facility has a
design capacity to process 800 tons of municipal solid waste per day. The facility
consists of two independent process trains and boilers, each with a capacity of 400 tons
per day. Energy produced by the facility is capable of generating up to 21 megawatts
of electricity. Dakota County has a power purchase agreement with Northern States
Power Company to sell electricity from the RRF. The height of the tallest stack at the
facility is 315 feet.
The RRF site is located within the "Dakota" airport search area. The site is generally
located in the northwesterly portion of the search area. The proposed RRF is
consistent with land use compatibility guidelines for new development in noise
exposure zones, should the Dakota site be selected as the final search area.
The University of Minnesota property, including the RRF site, , is designated Public and
Institutional in the Comprehensive Guide Plan. The use and service characteristics for
the Public and Institutional land use element are not clearly defined in the plan.
Airport Search Area Land Use Change
Dakota County Resource Recovery Facility
City of Rosemount
Page Two
A "usual and customary" definition for public and institutional uses and service
characteristics may not be an appropriate or relevant approach in reviewing or
considering this request. On the one hand, there is nothing "usual and customary"
about the University of Minnesota Rosemount Research Center. Land uses are varied
and include such uses as a technical college, private airport, naval submarine tracking
station, hazardous waste facilities, university research facilities, the Minneapolis Bomb
Squad Detonation Facility, private businesses, agricultural test plots, an experimental
composting facility (supported by two solid waste abatement grants from the
Metropolitan Council), leased agricultural properties, public and private utility systems
and building remnants and smoke stacks from the Gopher Ordinance Facility.
On the other hand, "use and service characteristics" in the Comprehensive Guide Plan
relate to land use relationships and locational criteria, not dimensional criteria.
Dimensional criteria, such as height, are regulated in the Zoning Ordinance and not in
the Comprehensive Guide Plan. This is a "usual and customary" relationship between
a plan and ordinance. The Comprehensive Guide Plan does reference protection of
navigable air space, but does not set height limitations.
The relationship of the Public and Institutional land use/zoning designation, with
respect to the proposed RRF, is consistent with other existing designations for public
and institutional uses. In particular, the Rosemount Wastewater Treatment Plant
carries the land use designation and zoning classification of Public and Institutional.
The proposed RRF bears the identical purpose, use and service characteristics in
serving the needs of the public.
With respect to dimensional criteria, exceptions to height for public and institutional
uses, whether by variance or by interim use permit, are not unusual or uncustomary.
Specific examples within the Public and Institutional land use/zoning designations
include municipal water towers and a cellular telephone radio antenna. The City has
also approved an interim use permit for a 360 foot tall AM radio antennae in eastern
Rosemount. Existing uses within the Rosemount Research Center with height
exceptions include a water tower and the ordinance plant smoke stacks.
The City recently amended its Comprehensive Guide Plan to create a Waste
Management land use element. The purpose of the designation is to provide for
effective regulations and locations for waste management facilities. The only existing
Waste Management district is in the Pine Bend area of the City.
Airport Search Area Land Use Change
Dakota County Resource Recovery Facility
City of Rosemount
Page Three
While the proposed RRF may be consistent with the land use criteria of the Waste
Management designation, the locational criteria was dictated by the MN Pollution
Control Agency, rather than the City. The State of Minnesota has granted counties,
through Metropolitan Council procedures, jurisdiction over local units of government in
the location and permitting of facilities, such as the proposed RRF.
The City of Rosemount is in the process of updating its Comprehensive Guide Plan.
Policy decisions regarding the land use designations for the University of Minnesota
property or the proposed RRF have not been resolved. Because of the time lapsed in
the review of the proposed RRF, the completion of the environmental review process,
r the pending issuance of the NTCA permit and the lack of consensus in local policy
issues, the City has elected to process this airport search area land use change.
As the revisions to the Comprehensive Guide Plan progress and the consensus on land
use policy develop, the City may propose other land use designations and zoning
classifications for this facility. In the interim, the City believes this land use change is
consistent with the Comprehensive Guide Plan.
The City of Rosemount requests that the Metropolitan Council acknowledge time and
effort expended in the review of this facility, including its own preparation and
approval of the RRF Environmental Impact Statement; find that the application is
consistent with the Comprehensive Guide Plan; and waive review of the application.
INFORMATION SUBMISSION FOR
1 AND USE CHANGES IN AIRPORT SEARCH AREAS
This summary worksheet must be filled out and submitted to the Metropolitan Council with a
copy of each proposed application for a change in zoning, zoning variances or conditional uses,
including planned unit developments, within candidate search areas.
Please be as specific as possible; attach additional explanatory materials if necessary. If a staff
report was prepared for the Planning Commission or City Council/Town Board, please attach it as
well.
r Send applications to Referrals Coordinator
Metropolitan Council
230 E. Fifth St
St Paul, MN 55101-1634
I• GENERAL INFORMATION
A. Sponsoring governmental unit CITY OF ROSEMOUNT
Name of local contact person LISA FREESE, DIRECTOR OF PLANNING
Address 2875 145TH STREET WEST, ROSEMOUNT, MN 55068
Telephone (612) 322-2050
Name of preparer (if different from contact person)
DEAN JOHNSON, RESOURCE STRATEGIES CORP., (612) 942-8010
Date of preparation —September, 1991
B. Application Name DAKOTA COUNTY RESOURCE RECOVERY FACILITY
Description/Summary rezoning from Agriculture to Public and Institutional;
zoning text amendment to allow publicly owned municipal solid waste
incineration facilities by interim use permit
C. Please attach the following:
1. Three copies of the application.
2. A city/township-wide map showing the location of the proposed change.
3. The current land use .plan map(s), indicating the area(s) affected by the
proposed change.
4. The proposed zoning map(s), indicating the area(s) affected by the
proposed change.
D. What is the official local status of the proposed application? (Check one or more
as appropriate.)
X Acted upon by planning commission on
SEPTEMBER 24, 1991
Approved by governing body, contingent upon Metropolitan Council review.
x Considered, but not approved by governing body on
OCTOBER 1, 1991
Other
H. LAND USE
A. Describe the following, as appropriate:
2.
Size of affected area in acres 22.5 ACRES
Existing land use plan designation PUBLIC AND INSTITUTIONAL
3. Proposed zoning, zoning variance or conditional use, including planned unit
developments --rezoning from Agriculture to Public and Institutional;
zoning text amendment to allow publicly owned municipal solid waste
incineration facilities by interim use permit.
AWORM
Rosemount
Location Map for Dakota County Resource Recovery Facility
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22.5 acre site VERROLLM
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FIG, 12
LEGEND
1990 LAND USE PLAN
P
P/I
19URBAN SERV. AREA RH
IC b INSTITUTIONAL RR
PUBLIC
HIGH DENSITY RESIDENTIAL
RURAL RESIDENTIAL
POS
PRESERVATION OPEN AG
AGRICULTURAL
SPACE
MISSISSIPPI RIVER CRITICAL
IR O S E M O U N T
GP
INDUSTRIAL PAGENERAL RKRIAL
AREA
CC
COMMUNITY (CBD)
MAJOR STREETS
MINNESOTA ( I
COMMERCIAL
MEDIUM
HC
HIGHWAY COMMERCIAL
UNDESIGNATED:
GC
GENERAL COMMERCIAL
DENSITY RESIDENTIAL
CNC
CONVENIENCE COMMERCIAL
Dakota County Resource Recovery Facility
Rosemount Zoning Map
Dakota County Resource Recovery Facility
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