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HomeMy WebLinkAbout6.m. Text Amendment to Add Aboveground Storage Tanks as an Accessory Use in the GI-General Industrial Zoning District EXECUTIVE SUMMARY City Council Regular Meeting: February 20, 2018 AGENDA ITEM: Text Amendment to Add Aboveground Storage Tanks as an Accessory Use in the GI-General Industrial Zoning District AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.m. ATTACHMENTS: Ordinances; Excerpt of the January 23, 2018 Planning Commission meeting minutes. APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a Zoning Ordinance Text Amendment Adding Aboveground Storage Tanks as an Accessory Use in the GI General Industrial Zoning District. Motion to approve a text amendment to the City Fire Code to permit Aboveground Storage on parcels zoned GI-General Industrial located west of Akron Avenue subject to issuance of a permit by the building official. 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, staff is recommending 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. PLANNING COMMISSION ACTION The Planning Commission held a public hearing for the amendment to the Zoning Ordinance at its regular meeting on January 23, 2018. The Commission received no comments from the public regarding the amendment, but the Commission did have questions on the impact to the safety of residents if aboveground storage tanks are permitted on parcels in the GI-General Industrial Zoning district. Given that the General Industrial zoning district is separate from residential areas, safety is less a concern than the ability for General Industrial-zoned businesses to support their own operations. The Commission unanimously recommended approval of the Zoning Ordinance text amendment. An excerpt of the meeting minutes are included with the attachments. 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. Additionally, Section 6-1-5 A will be amended with the following language: 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. Legal Authority . Text amendments are considered legislative actions. In such cases, the City has significant discretion in its deliberations and application outcome. CONCLUSION AND RECOMMENDATION Based upon the information provided above and discussions with the City’s Building Official the Planning Commission and staff are recommending approval of the Zoning Ordinance amendment as proposed. Staff is also recommending approval of the City Ordinance text amendment. 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: City Clerk City of Rosemount Ordinance No. B- 264 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. /s/Jeff May, Deputy Clerk Clerk City of Rosemount Dakota County, MN City of Rosemount Ordinance No. AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT CITY ORDINANCE RELATING TO STORAGE LIMITS FOR HAZARDOUS SUBSTANCES THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled “City of Rosemount City Ordinance,” is hereby amended as follows: Section 1. Rosemount City Ordinance B, Section 6-1-5.A: Storage Limits for Hazardous Substances: 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. 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: City Clerk City of Rosemount Ordinance No. B- 264 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT CITY ORDINANCE RELATING TO STORAGE LIMITS FOR HAZARDOUS SUBSTANCES THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled “City of Rosemount City Ordinance,” is hereby amended as follows: Section 1. Rosemount City Ordinance B, Section 6-1-5.A: Storage Limits for Hazardous Substances: 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. 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. /s/Jeff May, DeputyClerk Clerk City of Rosemount Dakota County, MN 6.d. Text Amendment to Add Aboveground Storage Tanks as an Accessory Use in the GI-General Industrial Zoning District. (18-05-TA) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Kenninger questioned that the staff is proposing this change because somebody already installed the tanks. Kenninger inquired as to why the fire code didn’t previously allow the tanks and how are we going to guarantee that the residents are safe. Nemcek stated that it is specific to parcels zoned General Industrial and is separate from resident parcels. Lindquist stated that it’s not necessarily related to a safety issue but to a development issue. The Fire Marshall is requesting that they have a 30-foot setback. The public hearing opened at 9:20 pm. Public Comments: None. MOTION by Freeman to close the public hearing. Second by Clements. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 9:21 pm. Additional Comments: None. MOTION by VanderWiel to recommend the City Council approve the Text Amendment Modifying the GI- General Industrial Zoning District. Second by Clements. Ayes: 5. Nays: 0. Motion Passes.