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HomeMy WebLinkAbout6.d. Text Amendment to City Code to Add Aboveground Storage Tanks as an Accessory Use in the GI-General Industrial Zoning District EXECUTIVE SUMMARY Planning Commission Regular Meeting: January 23, 2018 Tentative City Council Meeting: February 20, 2018 AGENDA ITEM: 18-05-TA Text Amendment to Add Aboveground Storage Tanks as an Accessory Use in the GI-General Industrial Zoning District. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.d. ATTACHMENTS: Draft Ordinance APPROVED BY: KJL RECOMMENDED ACTION: Motion to recommend the City Council approve the Text Amendment Modifying the GI-General Industrial Zoning District. SUMMARY Staff initiated this item after an industrial use located west of Akron Avenue, along 160th Street, installed two above ground fuel tanks to support their operation. By ordinance above ground storage tanks are not permitted in the City, west of Akron Avenue, nor are they listed as an accessory use in the GI-General Industrial zoning district. Staff is supportive of allowing above ground fuel tanks as an accessory use on properties in the GI-General Industrial zoning district, including those located west of Akron Avenue, so long as the tank use supports the operations of the principal use, subject to certain standards. Staff is recommending approval of the text amendment to add above ground storage tanks as an accessory use in the GI- General Industrial zoning district in order to insert some regulations such a maximum size and number of tanks permitted as well as setbacks from adjacent parcels. In addition to the zoning ordinance text amendment, Council will be hearing a City Ordinance change to the fire code that currently limits above ground storage tanks only to parcels located east of Akron Avenue. If the Fire Code were amended without updating the zoning code, no regulations or limits would be placed on aboveground storage tanks in any properties. Of particular concern would be properties west of Akron Avenue. The following language will be considered by the Council to amend Section 6-1-5 A: Combustible Liquids in Aboveground Tanks: 1. The limits referred to in the state fire code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as follows: area west of Akron Avenue within the city, except those parcels zoned GI-General Industrial. 2. The limits referred to in the state fire code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: area west of Akron Avenue within the city. 3. Storage tanks must be installed by a dealer or supplier with demonstrated competency under permit issued by the building official. 2 BACKGROUND The conditions included with the proposed amendment were included to minimize the impacts on neighboring properties as well as ensure that the tanks contained on site were ancillary to the primary use. Specifically because the tanks are ancillary, staff does not feel that the conditional or interim use processes are necessary for regulation. Rather, staff is recommending that storage tanks be allowed as an accessory use with regulations. So long as the conditions are met, above ground storage tanks are an appropriate accessory use in the GI-General Industrial zoning district. The following proposed language will result in changes to 11-4-16 C as depicted in the attached draft ordinance: Up to two (2) Fuel Storage Tanks with a maximum capacity of 1,100 gallons each and a 30’ setback from all properties, on G-I properties located west of Akron Avenue. Legal Authority . Text amendments are considered legislative actions. In such cases, the City has a lot of discretion in its deliberations and application outcome. CONCLUSION AND RECOMMENDATION Based upon the information provided above and discussions with the City’s Building Official staff is recommending approval of the ordinance amendment as proposed. City of Rosemount Ordinance No. B-266 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO ACCESORY USES IN THE GI-GENERAL INDUSTRIAL ZONING DISTRICT 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.C: Accessory Uses: The following uses shall be permitted accessory uses in the GI general industrial district: Off street parking or loading for a permitted, conditional or interim use. Office uses accessory to a permitted or conditional use. Outdoor display/storage or sales, subject to the following: 1. The outdoor display/storage or sales area shall be designed to limit its effects on adjacent properties and public right(s) of way. 2. The outdoor display/storage or sales area shall be surfaced with concrete or an approved equivalent to control dust. 3. The outdoor display/storage or sales area shall not take up, or interfere with access to, any required parking, loading, maneuvering or pedestrian area. 4. The outdoor display/storage or sales area shall be maintained in a neat and orderly fashion. 5. No public address system shall be audible from a noncommercial or nonindustrial use or district. 6. The outdoor display/storage or sales area shall be clearly identified on the approved site plan for the project, may only be located in either a side or rear yard, and shall not encroach into any required accessory structure setback. 7. Any outdoor display/storage or sales area shall be completely enclosed by screening as follows: a. Any portion of an outdoor display/storage or sales area adjacent to a public right of way or nonindustrial use or district shall be screened from eye level view from the public right of way or nonindustrial use or district by a one hundred percent (100%) 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, landscaping and berming, natural topography, screening walls or a combination thereof. Any screening wall shall be made of the same materials as the principal building and shall not extend more than seventy feet (70') without a change in architecture to reduce its mass and appearance. b. The portion(s) of outdoor display/storage or sales area(s) adjacent to an industrial use or district shall be required to be screened from eye level view from other industrial uses or districts by at least a fifty percent (50%) opacity screen to a height equal to the items being screened but not more than thirty five feet (35'). Screening shall be accomplished by any of the items listed in subsection 7a of this use or fencing. 8. The outdoor display/storage or sales area is limited to an area equal to thirty percent (30%) of the gross area of the site. 9. The square footage of the outdoor display/storage or sales area(s) (except those areas used for vehicle storage and not considered a required parking area) shall be included in calculation of required off street parking for the use. 10. The perimeter measurement of the outdoor display/storage or sales area shall be included in the calculation of required foundation plantings. 11. Outdoor display/storage or sales related to trailer, construction or agricultural machinery sales or rental shall be subject to those standards identified elsewhere in this title specific to such use. Outdoor structures. Functioning structures such as conveyor belt systems, cooling towers, storage silos or the like that are accessory and integral to the principal use of the site may be exempt from the requirements of section 11-2-9, "Outdoor Storage", of this title, subject to the following: 1. The applicant shall demonstrate that the outdoor structure or equipment cannot be integrated into a building design. 2. The site and building(s) shall be designed to screen and limit the effects of the outdoor structure or equipment (noise, vibrations, illumination, particulate, or the like) on adjacent properties and public right(s) of way. 3. The outdoor structure or equipment shall be located on an approved surface in a remote location that is not adjacent to any public right of way or nonindustrial use or district. 4. The aggregate area for outdoor structure or equipment shall be limited to an area equal to fifteen percent (15%) of the gross floor area of the principal building and to a height not to exceed seventy feet (70'). Larger areas or taller structures or equipment may be approved by the city through a conditional use permit. 5. The outdoor structure or equipment shall not take up, encroach upon or interfere with access to, any required yard, parking, loading, maneuvering or pedestrian area. 6. The city may exempt outdoor structure or equipment from the site and building performance standards in subsection G of this section; however all such structures or equipment must be functional and shall be made of high quality long lasting material compatible with both adjacent properties and other buildings in the GI district. Overnight sleeping facilities for security personnel. Roof mounted or ground mounted solar energy systems, subject to section 11-2-12 of this title. (Ord. B-174, 10-17-2006; amd. Ord. B-231, 3-4-2014) Up to two (2) Fuel Storage Tanks with a maximum capacity of 1,100 gallons each and a 30’ setback from all properties, on G-I properties located west of Akron Avenue. Section 3. 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 20th day of February, 2018. CITY OF ROSEMOUNT ______________________ William H. Droste, Mayor ATTEST: Jeff May, Deputy City Clerk City of Rosemount Ordinance No. B- 264 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO DEFINTIONS AND CONDITIONAL USES WITHIN THE AG- AGRICULTURAL ZONING DISTRICT 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- 1-1.D: Conditional Uses: The following uses are conditional uses in the AG district and are subject to the conditional use permit provisions outlined in this title. AM radio antennas and supporting towers and related accessory structures. This use may be permitted only on properties situated in that part of the city north and east of State Trunk Highway 55. Cement or concrete production provided the site has an approved mineral extraction permit in compliance with section 11-10-4, "Small Scale Mineral Extraction", of this title. Commercial event centers, subject to: 1. The parcel must be a minimum of five (5) acres in size. 2. Site must be located east of Akron Avenue and South of County Road 42. 3. The property will be the primary residence of the venue operator(s). The operator must be on the premises for the duration of each event. 4. The maximum number of guests is 200. A larger number of guests may be approved by the City based on the size of site, structures, parking availability, and other relevant factors. 5. Outdoor seating areas, where liquor is available shall be located in a controlled or cordoned area acceptable to the city with at least one opening. 6. Outdoor seating areas where food and/or liquor is available shall be set back twenty (20) feet from property lines and have appropriate screening to adjacent properties. 7. The hours of operation shall be no later than 10:00 p.m. on Sunday through Thursday and 12:00 a.m. on Friday and Saturday. 8. Off street parking shall be provided to accommodate one stall per two guests plus seven (7) stalls. Class 5 gravel surfacing shall be allowed as long as the property is without access to public sanitary sewer to the site. When public sanitary sewer service becomes available to the property, the property owner shall surface the parking lot with a blacktop or concrete surface within one year. No vehicle parking is permitted within or along any public right- of- way. 9. Parking lot setbacks for gravel or surface lots shall be twenty (20) feet from the side and rear property lines and fifty (50) feet from the front property line. 10. Parking lot shall be screened from neighboring parcels. 11. Lighting shall be provided as necessary for security, safety, and traffic circulation. The level of lighting shall not exceed 0.5 lumen at any residential property line or 1.0 lumen at any nonresidential property line. 12. A traffic circulation and safety plan, including but not limited to access and signage, shall be reviewed and approved by the City Fire Marshall and Police Chief. 13. Compliance with all applicable regulations including state health code, state building codes, and local liquor licensing requirements. 14. The serving of food and beverages is permitted only in conjunction with an event. 15. Overnight accommodations for guests, including campers, tents, or other recreation vehicles, are prohibited. 16. Sanitary facilities adequate for the number of attendees shall be provided as determined by the City. Portable toilets may be approved for temporary use and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure. 17. Sound amplification systems cannot be used outdoors after 10:00 p.m. 18. Noise from an event shall not be plainly audible at a distance of fifty feet (50') or more from the property line. 19. Trash enclosures must be provided and meet the standards for the C4-General Commercial zoning district. Commercial outdoor recreation. Farm wineries, with or without associated event spaces, microbreweries, microdistilleries, winery associated retail and restaurants without drive-through facilities, subject to the following: 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights of way. No loading docks or overhead vehicle doors shall be on a side abutting any public rights of way or any residential use or district. 2. The principal building shall be the primary source for screening of the loading area or any required outdoor equipment. 3. All drives, loading and parking areas for the farm winery and associated uses shall be paved with a concrete or bituminous surface including concrete curbing. 4. Pedestrian circulation between the parking area and the farm winery and associated uses shall be provided through sidewalks at least five feet (5') in width and paved with concrete, bituminous, pavers or similar hardscape. 5. Outdoor seating is subject to the performance standards outlined for outdoor seating in section 3-1-14 of this code and subsection 11-4-14D of this chapter. Golf courses, including accessory and related uses. Kennels, provided: 1. The site shall not be less than twenty (20) acres in size. 2. All structures shall be located a minimum of seventy five feet (75') from all residential property lines. 3. Subject to the regulations regarding the care and keeping of animals within the city contained in title 7, chapter 4 of this code. Public parks owned and operated by a governmental unit, including recreational facilities and structures consistent with the public area. Transmission facilities greater than one-fourth (1/4) mile in length. (Ord. B-220, 4-17-2012; amd. Ord. B-223, 5-15- 2012; Ord. B-243, 5-20-2015) Section 2. Rosemount Zoning Ordinance B, Section 11-1-4 Definitions: For the purpose of this title, certain words contained herein shall be defined as follows: COMMERCIAL EVENT CENTER: A facility located on private property that primarily functions to provide a facility for any type of social gathering that is available for use by various groups for such activities as public assemblies, meetings, private meetings, parties, weddings, receptions and dances. Section 3. 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 31st day of July, 2017. /s/Clarissa Hadler, Clerk Clerk City of Rosemount Dakota County, MN