5.3. SR 07-21-2008REQUEST FOR ACTION
To Item Number
Ci Council 5.3.
Agenda Section Meeting Date Prepared by
Communi Develo ment ul 21, 2008 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Conditional Use Permit for Above Ground Storage Tank, erem Barnhart, Plannin Mana er
Cymbet Corporation, Case No. CU 08-14 -Public Hearing Reviewed by
Action Requested
Staff and the Planning Commission recommend the City Council approve the conditional use permit for
above ground storage tank request, as illustrated on drawings dated 5/22/08, with the following
conditions:
1. As a conditional use permit is not a building permit, the applicant shall apply for all
required permits.
2. If the location and/or size of the above ground storage tank changes, the property owner
shall apply for an amendment to the conditional use permit.
3. The chiller (utility) areas shall be screened with appropriate materials.
Summary
The subject property has never been issued a conditional use permit (CUP) for above ground storage
tank. During the installation process and inspections of the replacement tank, staff informed the
applicant that they are required to apply for and receive a CUP for above ground storage tanks. The
applicant was unaware of this and wants to get the property into compliance.
Planning Commission Discussion
The Planning Commission, at their July 8, 2008 meeting, unanimously recommended approval of the
request. They agreed staff and the applicant can work out the mechanical screening.
Public Comment
No one spoke at the public hearing.
Attachments
• Staff report to Planning Commission dated July 8, 2008
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 08-14 Cymbet\CU 08-14_CC.doc
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cty of
Elk -~-.
River
REQUEST FOR ACTION
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To Item Number
Plannin Commission 5.1
Agenda Section Meeting Date Prepared by
Plannin Items ul 8, 2008 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by Cymbet Corporation for Conditional Use Permit for Jerem Barnhart, Plannin Mana er
Above Ground Storage Tanks, Reviewed by
Public Hearing -Case No. CU 08-14
Action Requested
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit for
Above Ground Storage Tank request, as illustrated on drawings dated 5/22/08, with the following
conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. If the location and/or size of the above ground storage tank changes, the property owner
shall apply for an amendment to the Conditional Use Permit.
3. The chiller (utility) areas shall be screened with appropriate materials.
Background/Discussion
The subject property has never been issued a Conditional Use Permit (CUP) for above ground storage
tank. During the installation process and inspections of the replacement tank, staff informed the
applicant that they are required to apply for and receive a CUP for above ground storage tanks. The
applicant was unaware of this and wants to get the property into compliance.
Attachments
Location Map
Memo from the Fire Chief dated June 3, 2008
• Applicant's Narrative
• Site Plan
Case File: CU 08-14 Conditional Use Permit
Page 2 Cymbet
-----------
General Information
Applicant
Cymbet
60 Day Rule
The application has been deemed complete as of May 30, 2008.
The City must take action by July 23, 2008
Requested Action
Conditional Use Permit for Above Ground Storage Tanks
Location and Size
Approximately 2.19-acres
Location Existing Use Land Use Plan Designation Current Zoning
Industrial
Subject
Light Industrials Business Park
Property
North
Industrial Light Industrial Business Park
South
Industrial Light Industrial Business Park
East
Fairgrounds Public/Semi-Public Business Park
West
Industrial Light Industrial Business Park
Overview
The property is zoned Business Park and that zoning district requires a Conditional Use Permit for
above ground storage tanks. Other than the proposed storage tanks, the proposed use is consistent
with a permitted use on the Business Park zoning district.
Currently on site is a 6,000 gallon liquid nitrogen tank that is 7-feet in diameter and 32-feet tall. The
tank is piped with liquid N2 (Liquid Nitrogen) going to an evaporator which converts the liquid to
gas at 130 psi. The outdoor storage of the liquid nitrogen meets the intent of the 2003 International
Fire Code. There are also three chillers located behind the building to supply air conditioning and
process cooling water in two chiller areas. The two chiller areas are 24’ x 12’ and 32’ x 24’. They are
surrounded by 72-inch tall fences with canvas coverings. Canvas is not a listed as an acceptable
building material.
S:\PLANNING MAIN\Case Files\CUP\CU 08-14 Cymbet\CU 08-14_PC.doc
Case File: CU 08-14 Conditional Use Permit
Page 3 Cymbet
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All utility equipment shall either be:
1.Screened from the eye level view of adjoining properties by use of exterior walls and/or landscaping;
2.Painted to match or complement the building structures; or
3.Incorporated into an architectural design, as approved by the building and zoning administrator.
Staff would recommend that the chiller (utility) areas shall be screened with appropriate materials.
Examples are, but not limited to, integrally colored spilt face concrete masonry units, architectural
metal and wood.
Landscaping/Screening
Although the tank is higher than the back of the building, it is not visible from the front of the
building. Country Crossing Townhome subdivision is located south of the subject property across
rd
183 Avenue. The existing trees/berming on the property adjacent to the subject property and also
on the townhome property appears to offer screening.
Country crossing landscaping and berming View of tank through landscaping and berming
Comprehensive Plan
The Comprehensive Plan designates this area as Light Industrial. The Light Industrial category
includes industrial uses that are lower in intensity of activity. These uses limit the potential for
adverse impacts on adjacent land uses due to factors such as noise and odor. Examples of Light
Industrial uses include offices, enclosed storage and warehousing, research laboratories and light
manufacturing.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1.Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the
city.
2.Will be consistent with the comprehensive plan.
3.Will not impede the normal and orderly development and improvement of surrounding vacant property.
S:\PLANNING MAIN\Case Files\CUP\CU 08-14 Cymbet\CU 08-14_PC.doc
Gase File: CU 08-14
Page 4
Conditional Use Permit
Cymbet
4. Dill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, aa~ater and sewer systems, parks and schools;. and
will not, in particular, create tra~c congestion or interference avith tra~c on adjacent and neighboring public
thoroughfares.
5. lYlill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. lYlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. mill fully comply avith all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all
of these standards.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Gase Files\CUP\CU 08-14 Cymbet\CU 08-14_PC.doc
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city or
El
River
Private Drives
Location Map N
Case Number: CU 08-14 CYMBET
1-~,1Ver MEMORANDUM
TO: Sheila Cartney, Senior Planner
FROM: Bruce A. West, Fire Chief
DATE: June 3, 2008
SUBJECT: Site Plan Review Meeting of Tuesday, June 3, 2008
The site plan review committee met on Tuesday, June 3, 2008 and I would like to make the
following comments:
1. CUP (CU08-13) -River of Life Church Temporary Schools
The Fire Department has no concerns. '
`~ 2. CUP (CU08-14) -Cymbet Corp Outdoor Storage of Tanks
Fire Marshal Cliff Anderson has met with the owner's representatives of Cymbet
Corporation and the outdoor storage of the liquid nitrogen meets the intent of the
2003 International Fire Code.
3. Final Plat (P08-06) -The Depot at Elk River Station
The Fire Department has no concerns.
If you have any other questions, please feel free to call me at the Elk River Fire
Department at 763.635.1105.
Conditional Use Permit Project Narrative
Cymbet Corporation
18326 Joplin Street NW
Install of a 6000 gallon liquid nitrogen tank behind the facility.
Dimensions of the tank are 7' diameter and 32' tall.
It will be located on a 12" thick, reinforced concrete slab that's
dimensions are 10' X 15' .
The tank is piped with liquid N2 going to an evaporator which
converts the liquid to gas at 130 psi. This is piped to a regulator
manifold which reduces the pressure to 100 psi for use in the
facility.
Concrete filled bumper posts are placed around the tank and the
entire layout is surrounded by a 72" tall privacy screen. The
screened area is 16' x 30'.
2 rental portable storage units located in the northwest corner of
the parking lot behind the building. These contain test equipment
maintained for installation in the future, furniture and other
materials we could use in the future. The units are 8' W x 20' L x
8' H.
3 chillers located behind the building to supply air conditioning
and process cooling water. The chillers are surrounded by 72"
screens. The southern most chiller area is 24' x 12' and the middle
chiller area is 32' x 24'.
Current hours of operation are 10 hours per day, 5 days per week.
Plan is for 24/7 operation in the fall of 2008.
Current number of employees and contractors on site is 34. This
number could reach 60 by the end of the year.
The parking lot area behind the building has no marked stalls. All
cars park along the west side of the lot.
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