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Home My WebLink About4E - Pipeline Setback Ord.STAFF AGENDA REPORT AGENDA#: PREPARED BY: SUBJECT: DATE: 48 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER ORDINANCE TO ESTABLISH PIPELINE REGULATIONS FEBRUARY 6, 1995 INTRODUCTION: BACKGROUND' DISCUSSION: ALTERNATIVES- RECOMMENDATION: ACTION REQUIRED: "ODO1CC" The purpose of this item is to consider a recommendation of the Planning Commission to adopt the attached proposed amendments to the City Code, Subdivision and Zoning Ordinances. The Planning Commission held the public hearing on this issue on January 19, 1995. The City was advised by the State of Minnesota, Department of Public Safety, via letter dated December 2, 1994 that pipeline regulations must be adopted by Prior Lake in order to be consistent with Minnesota Statutes. The proposal is to amend the City Code, Zoning and Subdivision ordinances as identified on the attached draft Ordinances. See attached Planning Report dated January 19, 1995 for details of the proposal. o Approve the Ordinances as recommended by the Planning Commission. . Table or continue discussion of the item for specific purposes as identified by the City Council. Alternative #1. A motion as part of the Consent Agenda to approve the two attached Ordinances amending the City Code, Zoning and Subdivision Ordinances to add pipeline regulations consistent with requirements outlined in Minnesota Statutes. -1- 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER '0D9501' pLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: 2 PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CITY CODE, ZONING AND SUBDIVISION ORDINANCES TO ADD PROVISIONS RELATED TO PIPELINES. DEB GARROSS, ASSISTANT CITY PLANNER X YES JANUARY 19, 1995 INTRODUCTION: The purpose of this item is to consider adoption of definitions, setbacks and other regulations related to pipelines. On December 2, 1994, t. he City was notified by the State of Minnesota, Department of Public Safety, that pipeline regulations must be adopted in order to be consistent with Minnesota Statutes. The proposal is to amend the City Code, Zoning and Subdivision Ordinances as identified on the attached da'aft Ordinances. DISCUSSION: In August, 1991, a Model Pipeline Setback Ordinance was established that applies to all cities and counties that have planning and zoning authority. The model ordinance established definitions for pipeline, pipeline easement, place of public assembly and building as well as setback provisions prohibiting certain land uses from being constructed closer to a pipeline than the boundm'y of the pipeline easement. Please refer to the Model Pipeline Setback Ordinance and Rules attached to this agenda report. In order to bring local codes and ordinances into compliance with the model ordinance', staff recommends adding definitions and regulations to the City Code, Zoning and Subdivision Ordinance as per the attached draft ordinances. The pipelines that setback provisions apply to are major lines with a diameter of 6" or more or pipes operated at a pressure of more than 275 pounds per square inch. The regulations do not apply to smaller lines that typically serve individual homes. Engineering staff has contacted the various utility companies and found tllat Minnegasco is the only utility with major pipelines within the City of Prior Lake. The existing Minnegasco pipelines are located within easements that are recorded at Scott County. Adoption of the proposed regulations is not anticipated to affect any existing development because the pipelines are located on rural properties or parcels with questionable building status. See attached maps for reference to the pipeline locations. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EHPLOYER Two affected areas are located at the north part of the community in the Rural Service Area. The pipeline identified on Exhibit A is located on a parcel that is developed with a single family home, not located within the pipeline easement. The pipeline identified on Exhibit B is located within the vacated plat of Titus 2nd Addition. The plat was vacated in the 1970's. Lots 11 and 12 Block 1, 14 and 15, Block 2, are the only lots of record within Titus 2nd Addition. All are developed with single family homes, none of which are located near the pipeline easement. The remainder of the plat consists of a metes and bounds parcel which is currently used for agricultural production. No additional building permits are permitted within the metes and bounds parcel until the land is served by public utilities. The pipeline identified on Exhibit C is located within street right-of-way with the exception of Parcel 1, which contains a substantial wetland. It is questionable whether Parcel 1 is buildable considering current wetland regulations. ALTERNATIVES: . Recommend to the City Council that the attached draft ordinances be adopted as written or with changes identified by the Planning Commission. Continue or table this issue for specific purposes. RECOMMENDATION: The recommendation from staff is to approve the draft ordinances as submitted. The City Attorney has reviewed the draft documents and adoption will bring City Codes and Ordinances into compliance with the Minnesota Model Pipeline Setback Ordinance. ACTION REQUIRED: A motion to recommend that the City Council adopt the attached Ordinances as presented or with changes directed by the Planning Commission. CITY OF PRIOR LAKE ORDINANCE NO. 95-_ AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 6 AND PRIOR LAKE SUBDIVISION ORDINANCE NO. 87-10. The Council of the City of Prior Lake does hereby ordain: The Prior Lake City Code, Title 6, Sections 6-2-1 and 6-4-2 and Prior Lake Subdivision Ordinance No. 8%10 Section 6-2-1 and 6-4-2 are hereby amended to add the following language: SECTION 6-2-1: DEFINITIONS: PIPELINE 1) A pipe with a nominal diameter of six inches or more, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by ~avity, and pipe used to transport or store a hazardous liquid within a refining storage, manufacturing facility; or 2) Pipe operated at a pressure of more than 275 pounds per square inch that carries gas. PIPELINE EASEMENT Means the existing easement or a subsequent easement resulting from the negotiation of a change in the boundaries of the existing easement. SECTION 6-4-2: EXISTING CONDITIONS: (F) The location, width and street names or other public ways, parks, public lands, pipelines, easements including pipeline easements required by MS S 299J.05, section and corporate lines within the preliminary plat, shall be shown to a distance two hundred feet (200') beyond the boundary line of the proposed plat. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this ~ day of ,1995. ATTEST: City Manager: Mayor: To be published in the Prior Lake American on the __ day of ,1995. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 'OD9501" CITY OF PRIOR LAKE ORDINANCE NO. 95-~ AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5 AND PRIOR LAKE ZONING ORDINANCE NO. 83-6 SECTION 4.1. The Council of the City of Prior Lake does hereby ordain: The Prior Lake City Code Section 5-1-7 and Prior Lake Zoning Ordinance No. 83-6, Section 8.1 are hereby amended to add the following provisions: DEFINITIONS: PIPELINE: 1. A pipe with a nominal diameter of six inches or more, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refining storage, or manufacturing facility; or . Pipe operated at a pressure of more than 275pounds per square inch that carries gas. PIPELINE EASEMENT: Means the existing easement or a subsequent easement resulting from the negotiation of a change in the boundaries of the existing easement. PLACE OF PUBLIC ASSEMBLY: Means a site that is occupied by 20 or more persons on at least five days a week for ten weeks in any 12 month period. The days and weeks need not be consecutive. BUILDING: For the purpose of determining setback requirements from pipeline easements only, the term "Building" means a structure designed primarily for human use or occupancy including businesses, offices, educational facilities, medical facilities, residences, and institutions. Decks, overhangs, porches, or similar attached structures are considered part of the building, building does not include appurtenances required to operate or maintain pipeline systems. The Prior Lake City Code Section 5-4-1 and Prior Lake Zoning Ordinance No. 83-6 Sections 4.1 are hereby amended to add the following provisions: GENERAL REQUIREMENTS: "Buildings" or "Places of Public Assembly" shall not be constructed closer to the pipeline than the boundary of the Pipeline Easement. This section applies to new residential and other development. It does not apply to development that has occurred or for which development permits have been issued before July 1, 1991. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this ~ day of ,1995. ATTEST: City Manager: Mayor: To be published in the Prior Lake American on the ~ day of~ ,1995. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 i X Itl PIPELINE AREA MAP I I I I I I ! mmm ,mmmm~ mm m r, IT¥ ~ t~ F - , ..- ! I ; I } , '. I · ; ! __ EXHIBIT A, o,., I o EXHIBIT B EXHIBIT C · OD9501 ' NOTICE OF PUBLIC HE~G TO AMEND PRIOR LAKE CITY CODE; ZONING ORDINANCE 83-6; AND SUBDMSION ORDINANCE 87-10 You are hereby notified that the Planfiing Commission will hold a public hearing in the Prior Lake City Council Chambers at 16200 Eagle Creek Avenue S.E., on Thursday, January 19, 1995 at 7:30 p.m. The City of Prior Lake has been notified by the Office of Pipeline Safety that local Codes and Ordinances must be amended to be consistent with Minnesota State Statutes: MS S 299J.05. and the Minnesota Model Pipeline Setback Ordinance as per Chapter 7535, Department of Public Safety, Office of Pipeline Safety, Parts 7535.0100., and 7535.0300. The purpose of the public hearing is to consider adding definitions and regulations related to "Pipelines to the Prior Lake City Code, Zoning Ordinance and Subdivision Ordinance. The proposal is to establish setback standards which prohibit "buildings and places of public assembly" from being constructed closer to a pipeline than the boundary of the pipeline easement. The Prior Lake City Code; Zoning Ordinance 83-6, and Subdivision Ordinance 87-10 are proposed to be amended to add the following definitions: PIPELINE: 1. A pipe with a nominal diameter of six inches or more, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by ~avity, and pipe used to transport or store a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refining storage, or manufacturing facility; or . pipe operated at a pressure of more than 275pounds per square inch that carries gas. PIPELINE EASEMENT: "Pipeline easement" means the existing easement or a subsequent easement resulting from the negotiation of a change in the boundaries of the existing easement. PLACE OF PUBLIC ASSEMBLY: Means a site that is occupied by 20 or more persons on at least five days a week for ten weeks in any 12 month period. The days and weeks need not be consecutive. The Prior Lake City Code Section 5-4-1 and Prior Lake Zoning Ordinance No. 83-6 are proposed to be amended to add the following provisions: GENERAL REQLrIREMENTS: - No "Structure" or "Place of Public Assembly" may be constructed closer to a pipeline than the boundary of the pipeline easement. The Prior Lake City Code and Prior Lake Subdivision Ordinance 87-10, are proposed to be amended to add the following language: 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EHPLOYER EXISTING CONDITIONS: The location, width and street names or other public ways, parks, public lands, pipelines and pipeline easements as per MS S 2995.05, easements, section and corporate lines within within the preliminary plat, shall be shown to a distance two hundred feet (200') beyond the boundary line of the proposed plat. If you desire to be heard in reference to this matter, you should attend this public hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 447-4230. Deb Garross Assistant City Planner To be published in the Prior Lake American on January 7 and 14, 1995. OFFICE OF PIPELINE SAFETY 175 AURORA AVENUE ST. PAUL. MINNESOTA 55103-2356 TELEPHONE (612) 296-9636 FAX NUMBER (612) 296-9641 TDO (612) 297-2100 ~66~ 2. STATE OF MINNESO'P.~j.-j0 DEPARTMENT OF PUBLIC SAFETY STATEWIDE EMERGENCY NUMBER (for accident/incident reporting) Toll Free: 1-800-422-0798 Metro Area: 649-5451 GOPHER STATE ONE CALL (Call Before You Dig) Toll Free: 1-800-252-1166 Metro Area: 454-0002 Dear Local Government Official: December 2, 1994 It has come to my attention over the past several months that some local government planning and zoning administrators may not be aware of Minnesota's Model Pipeline Setback Ordinance. This ordinance specifies the maximum proximity of new construction and land development to existing pipelines. It is imperative that all local government officials responsible for planning and zoning be familiar with this ordinance, its restrictions and implications. I have enclosed a copy of the ordinance for your review. This ordinance went into effect in Aug_us__tL1991, and aD_plies to all Minn~eta statutes:-er heme rule charter cities. t~owns and counties that have planning and zoninq authority and have nat arln?~d their own {more i'estnctive) setback ordinance.s. The Minnesota Model Setback Ordinance ~rohibits. "buiidin.qs and places qf Dublic assembly" from beincl constructed closer to a ._~ipeline than the boundary of the pipeline easement~ Please be aware that a "place of public assembly" is defined as a site that is 0¢Cupied by 20 or more persons on at least _-t~e days a week for ten weeks in any 12-month pedod, with the days and weeks not necessarily being consecutive, l hi~ definition is parti(;ularly important when sites for -new school buildings and gro~s or recreational projects are being planned. -- For purposes of this ordinance, pipeline means: (i) a pipe with a nominal diameter of six inches or more, that is used to transport h~Tardous liquids, but does not ~nclude p~pe used to transport ~hazard~3u~ ~quid by gravity, and pipe used to transport or store a hazardous iiqui(3 wi[nln a refining storage, or manufacturin~q facility; or (2) pipe operated at a pressure of more than 275 pounds per square inch '~hat carries .qas. Please note that under Subpart 4 of the ordinance, in cases of undue hardship, the opportunity for a variance is discussed. If, at any time, a variance is being considered, we would appreciate being informed and involved in the process from the beginning. This will save time for all parties involved and assure the safest result for the public. I urge you to become familiar with this ordinance and to pass this knowledge along to your colleagues. If you have any questions about this, please do not hesitate to contact me or Ron Wiest, the Office's Chief Engineer, at (612) 296-9636. Thank you. Sincerely, Charles R. Kenow, Administrator Enclosure AN EQUAL OPPORTUNITY EMPLOYER J~N-li-19~5 09:~5 ~ROM TO 944?4245 P.02 378 :.' 379 of the sup- itrasta~c ga~ trans- a poexion of inter,ate ~az- sup- natural gas this subpart next whoie mile. e'ach qua~er. ~e with- uency fee of not dc!inquc~cy consider th~ pay: and Lv to th an assessment within a may ap-. dispute intetu~st i CHAPTER 7535 DEPARTMENT OF PUBLIC SAFETY OFFICE OF PIPELINE SAFETY MODEL PIPELINE SETBACK ORDINANCE 7535.0 I00 DEFINITIONS. Subpa~ i. Scope. The terms used in this chapter have the meanings gi,,en them in this part. Subp 2. Building. "Building" means a ,qruccure designed primarily for human use or occupant?, including busine.,,~s, offices, educational facilities, medical facilities, resi- denc~.,., and institutions. Decks. overhangs, por~hes, or similar actache~ st."uctums are con- ~;ide,-'ec[ part of thc building. B__uildin~ docs not include ac~urtcnanccs ,-cquircd ia operate or maintain_~.jc, e!ine systems. Subp. 3. Commi~ioner. "Commissioner" means the commis::icner of public xafcty. Sump. ~'. Other 8evelopment. "Other dcvc!opmcnt" .-.:ct,n:, commcrzial, industrial, or a~culrural development-*hen it results in thc zon:a~r'acfion of a building or oiace of oubhc assembly. Subp. 5. Pipeline, "Pipe!inc" has thc meaning 2iYen it in Minnesota $~aturfs. 299..1'.02. sutxtivision I 1. Subp. 6. Pt, pe!ine e~sement."?i~!ine e~emcm" means ',he existing easement er-"- .',equent easement resulting f-om ~hc negotiation ora change in thc boundaries or,he e;~isting $ .... 7. Place of public assembly. "Place of public asscmMv" means a s~z mat is occu- piec~bv 2/0 er more persons on at least five days a week for ten .*ee.[ ~ in an'-' ! 2-c',,¢r'.th The day~ and weeks ne~-~:t not be consecutive. Statutory Authority: MS $ 299J.0~ History: 15 SR 275~ 7535.0200 PURPOSE. The ~u,?ose of :his chat, let is :o se: ou~ a model ordic~ar:a:e :equiLng a ;e.'.~.ck ..:rom '.Pie-tine site.-; '-'~ere r:-.',ider~tial or other devc!opmcn~ may Statutory Authority: MS ~ 299J.05 History: 15 $R 275a 7~35.0300 SCOPE. This charter applies to statutory or home rulc char:er fhiea, to,,.-',qs, an,d .:auntie= r~'at ~ave p!annin~ and zoning authorir¢ under Minnesota Statutes. iecd~n~ 36& l0 to 366. !9. 9a.2! to 39g.37. or 462.'351 =o 46'2.365. and in which a pipeline is located. Statutory Authority: MS s 299J.05 History: 1.5 SR 273a 7535.1M00 ADOPTION OF SETBACK ORD[N,.~. NCE. · ha Sub~m.-t I. Deadline. Bt- August !. 1991. each jurivdiction de-;.c~l:~d in pa~ 7535.0700 d.p, at1 nppro~eo setback, ordinance [bat mulct5 or .x.,.~,,~ .... ~ ................ ~:,,,~. out in this chapter. £Su~p 2. Application. Thc model s~tback ordinance must 6e -'.,p~Iied to an,-,' iurisdi-':tion fltatna~ not ad~ptcu" "an aCpr~ve..,'a setback ordin:mc." by August ',. 1991. ' ,~_ Subp. 3. A~roval pr-oct-ss. Each ju,'i~diction shall ,mbmit a copy of it:. pr~pose~ .".mcr to the ¢ommi.~.<ioner. The pealed.ted ordinance must be compared to the de.;i,.nifiont and