Larkin Hoffman, representing CT Realty, has applied for a zoning text amendment to City Code Section 151.007, to allow Industrial Fueling Stations as a conditional use in the I-2, Heavy Industry Zone. Currently, fuel stations are listed conditional uses in the Highway Business (B-1) Zone, Neighborhood Commercial  (NC) Zone and Community Commercial (CC) Zone. The applicant's proposed use would cater to fleet fueling and commercial vehicle customers, specifically delivery services.

The current zoning districts that fuel stations are permitted are not conducive to fleet fueling, as the sites are smaller to cater to smaller passenger vehicles, are located next to other retail / service uses and also near residential uses. Sites that specifically cater to fueling of commercial vehicles are best suited in an industrial zone, where the truck traffic already exists and to limit interruption to residential uses due to the 24-hour a day nature and noise generated by larger trucks serving industrial uses. 

If the City Council approves the text amendment, the applicant intends to apply for a conditional use permit to construct a compressed natural gas fueling station on a site near the intersection of Hentges Way / Stagecoach Road. The applicant's client operates 565 fueling stations in the United States and Canada. The City Council must only review this particular case on whether Industrial Fuel Stations are an acceptable conditional use in the Heavy Industry Zone and whether the supplemental conditions are appropriate. If the text amendment is approved, a future conditional use permit would be reviewed by the Board of Adjustment and Appeals for a specific site. 

The applicant has proposed 14 draft conditional use permit specific conditions relating to the design and use of industrial fueling stations. Planning staff and other departments have reviewed the draft conditions and have made clarifications / adjustments and added three additional conditions. 

Applicant's Draft Conditions: 

1. Time-fill operations shall be limited to a single user in secured, access controlled parking area;
2. Fast-fill operations shall be limited to commercial fleet fueling;
3. Site lighting must be installed pursuant to industry standards for fueling and vehicular access;
4. Station equipment must be monitored at all times, such monitoring may occur off-site;
5. Station must incorporate fire detection monitoring systems with automatic shut off;
6. Fueling station infrastructure must be screened from view;
7. Landscaping shall be designed and installed in accordance with Ch. 151 and city design criteria;
8. Gasoline and diesel fueling are not permitted;
9. Shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas;
10. Minor vehicle repair services are permitted, including tire repair and replacement, brake repair, minor engine repair, minor maintenance, repair or replacement of motor vehicle components or similar minor repairs and service;
11. Electric, Hydrogen, and compressed natural gas stations with time-fill operations shall be performed in a secure area;
12. Shall provide stacking for quick-fill pumps for at least one vehicle beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation or with designated parking facilities, and shall not be located in any public right of way, private access easement or within the required parking setback;
13. Shall not sell, store, or display any used vehicles;
14. May have a canopy which projects up to 10 feet into the required front or rear yard setback. The setback shall be maintained clear of all obstructions up to a height of 16 feet. The canopy shall have a maximum vertical thickness of 4 feet. The canopy shall have a maximum height of 20 feet.

Specific changes by staff to the applicant's numbered conditions are as follows: 

3. The City has lighting requirements in place for lighting of commercial / industrial properties. 

4. The monitoring system must be deemed adequate by City staff. 

6. Clarifies that screening is from adjacent properties and right-of-ways. 

7. Adds Forestry Specifications Manual to the condition, which relates to planting guides / species. 

9. Adjusts language to clearly apply to both unlicensed or inoperable vehicles. 

  10. Revised / clarified a condition on acceptable repair activities.  

11. Adjusted language to cover all time-filled fueling, not limited to specific fuel sources. 

12. Added trailers to the stacking requirement to clarify, as it is expected that many commercial vehicles may have trailers in tow. 

13. Adjusted language to cover both new and used vehicles. 

14. Adjusted language to add that columns of canopies are required to be brick as the city has recently upgraded building materials standard requirements of industrial zones. Requiring brick is also a typical condition on fuel stations in other zoning districts. A condition is also added that canopy lighting be flush with the bottom of the canopy. Light fixtures protruding from the bottom of canopies often generate significant spillover light onto other sites or right-of-ways. 

Additional conditions 15-17 are added conditions relating to service, licensing / registration, fire codes and pavement of sites. The applicant has agreed to all of staff's recommended conditions. 

Staff's Recommended Conditions to be adopted by Council: 

1. Time-fill operations shall be limited to a single user / business in a secured, access controlled parking area;
2. Fast-fill operations shall be limited to commercial fleet fueling;
3. Site lighting must be installed pursuant to City Code requirements for lighting;
4. Station equipment must be monitored at all times, such monitoring may occur off-site if the monitoring program is approved by the Zoning Administrator and Fire Department;
5. Station must incorporate fire detection monitoring systems with automatic shut-off;
6. Fueling station infrastructure must be screened from view from public right-of-way and adjacent properties;
7. Landscaping and screening shall be designed and installed in accordance with Section 151 and the City Forestry Specifications Manual;
8. Gasoline and Diesel fueling are not permitted fuels;
9. Shall not store any vehicles which are unlicensed or inoperable on the premises;
10. Time-fill operations shall be performed in a secure area. Barbed wire, concertina / razor wire fencing is not a permitted fencing material;
11. Shall provide stacking for quick-fill fueling for at least one vehicle / trailer beyond the fueling island in each direction in which access can be gained to the fueling island. The required stacking shall not interfere with internal circulation or with designated parking facilities, and shall not be located in any public right-of-way, private access easement or within the required parking setback;
12. Shall not sell, store, or display any vehicles for sale;
13. May have a canopy which projects up to 10 feet into the required front or rear yard setback. The setback shall be maintained clear of all obstructions up to a height of 16 feet. The canopy shall have a maximum vertical thickness of 4 feet and have a maximum height of 20 feet. The visible portion of the columns / supports of the canopy shall be constructed out of brick. Canopy light sources shall be mounted flush with the bottom of the canopy;
14. Fuel stations must receive all applicable licenses / registration from Scott County Environmental Health / Minnesota Pollution Control Agency and provide the City with a copy of the license / registration;
15. Fuel stations must follow all requirements of the Minnesota State Fire Code and the National Fire Protection Association.
16. Fuel station sites and fueling areas must be paved with a material suitable for the specific fuel type and designed for use by commercial vehicles.
17. Minor fleet vehicle maintenance services as tire inflation, tire rotation / repair, wiper blade replacements, oil changes, light bulb replacements and other minor routine maintenance are permitted only within the secure time-fill operations area by a contracted mobile vehicle service provider.  A mobile service provider must receive all applicable licenses/registration from Scott County Environmental Health/ Minnesota Pollution Control Agency as applicable and provide and receive City approval of a hazardous materials plan and the mobile service provider’s service contract listing specific repairs to be performed. Vehicle service on-site must comply with the noise ordinance and permitted working hours for power equipment established by City Code Section 130.45.

Overall, staff expects that having fueling stations specific to fleet and commercial vehicles will be attractive to current and future industrial users in the community and keep up with current trends and offerings of lower emission fleet vehicles.