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.