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HomeMy WebLinkAbout6.b. Discussion Regarding a Zoning Ordinance TA Related to Transmission Facilities and Essential Services. EXECUTIVE SUMMARY Planning Commission Regular Meeting: June 23, 2020 Tentative City Council Meeting: To be determined AGENDA ITEM: Discussion Regarding a Zoning Ordinance Text Amendment Related to Transmission Facilities and Essential Services. AGENDA SECTION: Discussion PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.b. ATTACHMENTS: None APPROVED BY: KL RECOMMENDED ACTION: The Planning Commission is not being asked to take action on this item. Staff is seeking feedback related to a proposed text amendment in order to develop a draft ordinance that will be brought to the Planning Commission for a formal review. SUMMARY The City of Rosemount zoning ordinance regulates transmission facilities, which are defined as essential service facilities consisting of overhead electric lines in excess of thirty-five (35) kV and supporting structures or natural gas transmission pipelines in excess of two hundred (200) pounds per square inch. This has resulted in some confusion related to the review of industrial pipeline projects that do not specifically carry natural gas, but the land use implications would be similar. Staff is asking the Planning Commission to discuss an amendment to the zoning ordinance that would update the definition so that essential service facilities are not limited only to pipelines that carry natural gas. There is a second component to this issue, and that is related to the review process required for pipelines and other transmission facilities. The City Code addresses essential service and transmission facilities in section 11-2-17. Currently, pipelines longer than ¼ mile require a Transmission Facilities Permit, which is similar to a Conditional Use Permit. Larger industrial users, like Flint Hills Resources (FHR) have indicated that they install pipelines often for their internal operations and those installations could trigger the ordinance prescribed public review process. Staff would like to discuss this further with the Planning Commission. DISCUSSION Transmission pipelines could simply be defined as those pipelines not required for the local distribution network that would serve homes and businesses. It would appear that if the definition for transmission facilities was amended to remove “natural gas” and specify pipelines that are not for distribution, that it would be clearer which pipelines would require a Transmission Facilities Permit. The bigger question that requires a deeper discussion is whether or not a transmission facility that is greater than ¼ mile in length but located entirely within a greater facility such as the Pine Bend Refinery should still be required to go through the public hearing process and receive a Transmission Facility Permit. A possible amendment to the zoning ordinance may be that all transmission pipelines are required to receive a conditional use permit regardless of length. There is a benefit to transmission facilities being reviewed through the public hearing process due to the underground nature of pipelines and the fact that 2 many property owners may not even be aware that they exist on their property or that work would soon be occurring. However, maybe ¼ mile is not the appropriate trigger for formal review. This is part of the question staff has. CONCLUSION Discussion item only.