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HomeMy WebLinkAbout19970715 Staff Report CC Mtg CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 15, 1997 AGENDA ITEM: Essential Service Facilities Ordinance AGENDA SECTION: Old Business PREPARED BY: Dan Rogness, Community Development Director AGEI I Din 7 8 ATTACHMENTS: Proposed Ordinance APPROVED BY: This proposed new ordinance was previously tabled by the City Council on April 1, 1997 due to the need for additional research on gas /petroleum facilites. Based on further discussions with various utility companies, staff is proposing a revised ordinance as attached; the primary changes include: 1. The definition of "essential service facilites" has been expanded to address more terms within the utility industry. 2. The definition of "transmission facilities" has been added in order to address that specific use. 3. Electrical substations remain as a prohibited use in all Residential and Public/Institutional Districts. Screening standards will not apply to yards that are adjacent to wastewater treatment plants. NSP also requested that the building material standards not apply to a building within the substation facility in order that an all -metal building be allowed in all zoning districts. However, star felt that this standard is intended to be applied to all buildings regardless of its use. 4. Transmission facilities (gas and electric) will be required to obtain a permit unless they meet one of three criteria: (a) less than 35 KV electricity, (b) less than 200 Ibs. /sq.in. gas, or (c) less than or equal to 1/4 mile in length. If a permit is required, then the Planning Commission will hold a public hearing and recommend approval /denial based upon five findings. In general, this proposed ordinance is intended to regulate only those essential services that have the potential to create substantial impacts on the environment and character of Rosemount. Otherwise, most facilities will be permitted outright in all zoning districts. RECOMMENDED ACTION: MOTION to Adopt an Ordinance B, Regulations for Essential Service Facilities COUNCIL ACTION: CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. B- Regulations for Essential Service Facilities THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS: SECTION 1. Section 3.2 of Ordinance No. B, City of Rosemount Zoning Ordinance adopted September 19, 1989, is hereby amended to include: Essential Service Facilities. Underground or overhead gas, electrical, steam or water distribu- tion systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, water pumping or storage facilities, gas regulation stations, sewer lift or pumping facilities, traffic signals, hydrants, electrical substations and switching stations, or other associated equipment and accessories in conjunction therewith, including associated equipment enclosure buildings (but not including any other buildings or commercial use antenna towers), which systems are owned and operated by public utilities or by municipal or other governmental agencies for the purpose of providing an essential service to the public. Transmission Facilities. Essential service facilities consisting of overhead electric lines in excess of 35 KV and supporting structures or natural gas transmission pipelines in excess of 200 pounds per square inch. SECTION 2. Section 4 of Ordinance B, City of Rosemount Zoning Ordinance adopted September 19, 1989 is hereby amended to include: 4.17 ESSENTIAL SERVICE FACILITIES: Essential service facilities are permitted uses in all zoning districts except electrical substations and switching stations are prohibited in all Residential (R) and Public /Institutional (P) Districts. Essential service facilities shall be subject to all of the applicable district development standards as well as any overlay district standards with the following additional standards: A. All fenced enclosures are subject to the principal building setback or yard criteria of the district in which it is enclosed. B. Electrical substations and switching stations located on any lot or parcel which is adjacent to a lot or parcel in a Residential (R), Commercial (C), and /or Public /Institutional (P) District or use, must provide mechanical or vegetative screening in the yard adjacent to such lot or parcel in the R, C, or P District. Screening consisting of earthen berm, landscaping, and /or wall having ninety percent (90 opacity to a height of not less than six (6) feet in height shall be provided within the yard adjacent to a public right -of -way or such lot or parcel in the R, C, or P District. Screening shall not be required in yards that are adjacent to wastewater treatment facilities. C. An application for transmission facilities shall be required to be submitted to the City, including information related to the proposed design, proposed siting, and alternative sitings. All transmission facilities shall be required to receive a permit from the City except for those that are less than or equal to one fourth (1/4) mile in length. No application shall be considered until a public hearing has been held by the Planning Commission. A notice of such hearing shall be published at least ten (10) days prior to the hearing, and notices shall be mailed to each property owner within three hundred fifty (350) feet of the affected property, except when located in Agricultural (AG), Agricultural Preserve (AP) and Rural Residential (RR) Districts which shall require mailed notice to each property owner within one -fourth (1/4) mile. The City Council shall consider the recommendation of the Planning Commission and either approve or deny the application. D. The application for transmission facilities must be approved based upon the following findings: 1. The proposed siting complies with the City's Comprehensive Guide Plan. 2. To the extent reasonably possible, the proposed siting is within or adjacent to existing public rights -of -way, private utility easements or other designated corridors for transportation or transmission facilities. 3. The proposed siting is necessary based upon a need and locational analysis. 4. Impacts, including, but not limited to noise and views, are identified and mitigated. 5. The proposed siting will not create hazards to the health, safety and general welfare of surrounding property owners or natural environment. Adopted by the Rosemount City Council the 15th day of July, 1997. ATTEST: Mayor City Clerk