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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 i!,vn F.���..,,, _ fi H'r a 1a P D -,:�-- EMPIFIf 22.5 acre site VERROLLM In 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 r