HomeMy WebLinkAbout6.w. Request by Flint Hills for an Interim Use Permit for Temporary Construction Workers Trailers and Warehouses, Case 13-38-IUP 4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: December 17, 2013
AGENDA ITEM: Case 13-38-IUP Request by Flint Hills for
an Interim Use Permit for Temporary AGENDA SECTION:
Construction Workers Trailers and Consent
Warehouses
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. (,Q,UJ.
ATTACHMENTS: Site Map; Resolution; Project Narrative,
Module Placement Area; Resolution
2012-53 Approving Thirty (30) BRMs; APPROVED BY:
Excerpt of the November 26 Planning
Commission Meeting Minutes. oz
RECOMMENDED ACTION: Motion to Adopt the Resolution Approving an Interim Use
Permit to Flint Hills Resources for up to Sixty (60) Temporary Blast Resistant Modules
(BRMs) and Two (2) Temporary Warehouses, including a waiver to the Heavy Industrial
Site and Building Standards to Allow Metal Buildings in the Modified Blanket Agreement
Area
ISSUE
Flint Hills Resources LP (FHR) has applied for an Interim Use Permit (IUP) to install up to thirty
additional (30) temporary blast resistant modules (BRMs), construct a second temporary tent-like
warehouse building and slightly expand the area in which the BRMs can be installed. Flint Hills had an
IUP approved for 30 BRMs in August of 2012 and has had interim use permits (IUPs) for similar trailers
and the temporary warehouse since 2004. This request would permit a total of 60 BRMs with all permits
expiring at the same time on 12/31/2016.
NOVEMBER 26 PLANNING COMMISSION MEETING
The Planning Commission conducted a public hearing for the FHR IUP request at their November 26
meeting. No resident spoke during the public hearing.
Commissioner Miller inquired if the temporary workers using these trailers receive safety training. Don
Kern, representing Flint Hills, stated that temporary workers receive training on what areas they are
allowed to work in, how to check in at these locations, and evacuation routes from the work areas.
Commissioner Husain asked what the modules were made of and if they were too hot for the workers.
Mr. Kern stated that they are constructed with a heavy steel exterior with interior tubing designed to
withstand a 5psi blast and that each module has its own heating and cooling system. Mr. Kern also stated
that the modules make very safe storm shelters. The Planning Commission recommended approval of
the IUP without any changes to the conditions on a 4 to 0 vote. Commissioner Kurle was absent from the
meeting.
BACKGROUND
The IUP is intended to permit the buildings (and trailers) with an exemption from certain zoning standards
associated with permanent buildings such as required materials,parking and landscaping. The IUP process
has been used in other situations when the use is expected to be temporary,and the duration is either
identified, or it is clear that improvements are of a temporary nature that will not adversely affect or inhibit
future re-use of the site.
11-4-16-1 E. Heavy Industrial; Interim Uses;Temporary Buildings Accessory to an Approved
Construction Permit exempts the temporary buildings from the following regulations:
11-5-2A: Building Type and Construction
11-6-1L: Off Street Parking Design and Construction Standards
11-6-3: Landscaping Requirements
11-4-16G: Site and Building Standards
SUMMARY
Flint Hills is beginning a multiple year investment in their facility that requires as many as 2000 contractors
at their facility in addition to their full time staff. The investments are not intended to increase gasoline
production but will replace existing buildings and equipment as well as adding equipment, shops and labs
to produce a larger variety of petrochemicals. The investment in the refinery is about$400,000,000. The
contract employee parking for the workers will be located in the existing employee parking lot located
south of the new administration building, south of 117th Street in Inver Grove Heights. From that parking
lot, a bus takes the employees to the location of the project they are working on. The buses travel at 15
miles an hour, the speed limit within the refinery, and their worksite may be as far as one and a half miles
from the parking lot. The distance between the work site and the parking lot and administration building
makes it time prohibitive to travel from the work site to a permanent break room for either their 15
minute break or half hour lunch.
The sixty (60) blast resistant modules are similar to intermodal trailers. The BRMs are twelve (12) feet
wide by forty (40) feet long and are able to be trucked to a location near the workplace and installed with a
crane. The BRMs will be used as locker rooms and break rooms for about twenty (20) construction
workers and additionally will serve as a safe harbor in the case of an emergency. The modules are
designed to survive a five (5) psi blast. The BRMs will be relocated as the construction projects progress,
but the placement will always be within the module placement area shown on the attached exhibit,which
is at least one half(1/2) mile south of 117th Street and a quarter (1/4) mile west of US Highway 52.
The warehouse building consists of"sprung steel", a rigid metal frame supporting a white fabric
membrane shell. The structure resembles an oblong dome with a peaked roof. Overall structure height is
expected to be 26 feet, 1 inch. Flint Hills is requesting a second temporary warehouse to house
equipment being installed during the major turnarounds and improvements. The specifications for the
buildings have been reviewed by the Building Official for compliance with code criteria relative to snow
and wind load standards. The Building Official is satisfied that with appropriate maintenance, the
buildings will conform to building code performance standards. These buildings will be required to
conform to applicable building and fire codes,even if they may be exempted from some of the zoning
standards.
The doubling of the BRMs is due both to the number of contractors on site and to relocating old shop
buildings that will eventually be reconstructed to the edge of the refinery activity area. Don Kern, the Flint
Hills Facilities and Engineering Manager, has provided a letter (which is attached to this Executive
2
Summary) explaining the use of the BRMs and shop building. The letter states that Shop One, Shop
Seven,and several other small shops are being removed. The expectation is a new shop building will be
built in 2015,but the timing and funding is subject to corporate approval. That shop will require a
separate Site Plan approval. Mr. Kern expects that he may need to request the installation of some short
term blast resistant tents to accommodate some large turnarounds that are planned. Mr. Kern has
committed to developing a long range staffing plan with the site plan request to include both temporary
contractor workers and permanent staff. For these reasons, staff is proposing to maintain the existing IUP
expiration date of December 31,2016 for the sixty (60) BRMs with the expectation that the long range
plan will replace this IUP before then.
In 2010,Flint Hills installed their first permanent BRM for a control building. The HI: Heavy Industrial
zoning district requires building to have at least 40%masonry but does allow the business to request a
waiver from the building material requirements from the City Council. Flint Hills explained how masonry
buildings cannot meet the standards of a 5 psi blast that is the standard for staff safety. At that time, Flint
Hills requested a defined area within the refinery that metal blast resistant buildings can be placed instead
of getting separate City Council approvals for every single building. This area is show in red on the map
attached to this Executive Summary.
Flint Hills has requested a small expansion of this area to the southeast shown in green. This area is
located near Gate 9, one of two main entrances along Clark Road and close to the refining equipment.
The Clark Road frontage adjacent to Gate 9 has landscaped berms. Staff is supportive of expanding the
blanket area where the metal buildings are allowed to include the area shown in green.
Findings for Interim Use Permits (Section 12.8):
1. The extent,location and intensity of the use will be substantially in compliance with the
Comprehensive Plan.
Finding: The site is designated for General Industrial use in the 2030 Rosemount Comprehensive Plan. The blast
resistant trailers will be used to house temporary contract workers that support the refining of petnileum, a permitted
use in the Heavy Industrial Zoning district.
2. The use will provide adequate ingress and egress to minimize traffic congestion in the public
streets.
Finding: Access to the temporary buildings will be the existing gates for the refinery and the employee parking
access will be off f of 117th Street in Inver Grove Heights and through Gate 9 along Clark Road.
3. The use will not be detrimental to the existing character of the development in the immediate
neighborhood or endanger the public health, safety and general welfare.
Finding: The refinery complex with its exposed equipment, storage tanks and pipe racks has a heavy industrial
character. Public health, safety and general welfare are served with conformance with building,fire codes and the
IUP being visually screened from the US 52 right-of-way.
4. The use will not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
Finding: The construction projects that prompt the IUP are further development of the refinery complex as a
permitted use in the Heavy Industrial District.
3
5. The use shall,in all other respects, conform to the applicable regulations of the district in
which it is located.
Finding: The use is consistent with applicable Heavy Industrial District standards and the IUP does not waive
performance standards such as setbacks and utilizing existing parking facilities.
RECOMMENDATION
The Planning Commission has recommended approval of the IUP. Staff recommends a motion to
approve the resolution approving the IUP.
4
Flint Hills Resources
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not Map Scale
a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 1320 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 11/19/2013
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013-
A RESOLUTION APPROVING THE INTERIM USE PERMIT TO FLINT HILLS
RESOURCES FOR UP TO SIXTY (60) TEMPORARY CONSTRUCTION WORKER
BLAST RESISTANT MODULES AND TWO (2) TEMPORARY WAREHOUSES
WHEREAS, the City of Rosemount received an application from Flint Hills Resources (FHR) for
the approval of an Interim Use Permit (IUP) to use up to sixty (60) temporary construction worker
blast resistant modules and two (2) temporary warehouses at 12555 Clark Road,Rosemount,
Minnesota;and -
WHEREAS, the IUP will allow the use of these temporary modules, trailer and warehouse during
construction projects and maintenance which is expected to continue until December 31,2016; and
WHEREAS, on November 26,2013,the Planning Commission of the City of Rosemount held a
public hearing to review the IUP application from FHR for the temporary modules and warehouses;
and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the IUP for FHR subject to the conditions listed below;and
WHEREAS,on December 17,2013, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the IUP for FHR.
NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the IUP for FHR to use up to sixty (60) temporary construction worker blast resistant
modules and two (2) temporary warehouse at 12555 Clark Road,Rosemount,Minnesota, subject to
the following conditions:
1. The Interim Use Permit expires 12/31/2016.
2. The placement of the BRMs is limited to the areas shown in red and green on the Blanket
Agreement Area map.
3. The Heavy Industrial Site and Building Standards are waived to allow metal buildings within
the areas shown in red and green on the Blanket Agreement Area map.
4. Each building and trailer requires a building permit and shall conform to all applicable
building and fire codes.
5. The applicant must obtain a grading permit prior to grading or installation of the temporary
buildings.
ADOPTED this 17th day of December,2013 by the City Council of the City of Rosemount.
William H. Droste,Mayor
ATTEST:
Amy Domeier, City Clerk
hI FLINT HILLS
r e s o u r c e s ! P.O.Box 64596
Pine Bend Refinery Saint Paul,Minnesota 5516a
651.437.0700
' Mr. Eric Zweber 10/21/2013 •
•
. Flint Hills Resources LLC Pine Bend is working on.a short term and long term facilities plan that will likely include
a new multi-purpose shop that will hopefully be approved in 2014 and built in 2014 or 2015. FHR may also be
• • looking at some Blast resistanttents in'2014 that can take on some of our surge capacity for break areas. A '
separate request for tents will be submitted nonce we understand the time frames, logistics and technical details.
Over the next 6 months however we are looking to add a number of BRM's (Blast Resistant Modules). The BRM's
will be required to phase out most of,the older break trailers and cover numerous work site break trailers.
BRM USE
•
BRM's are a safe place for contractors to take breaks in The BRM enclosure provides protection from over
pressure scenarios that could be associated with a refinery release and ignition(blast). The BRM enclosure
provides protection from high winds and storms and provides protection from gas releases with the built-in
automatic detection of gases along with an HVAC shutdown system. BRM's can be moved into areas that are
close to the work front thus eliminating significant travel time during breaks to and from the designated work,
areas.
BRM's are already being used in a couple cases here at FHR,
- 1. Permanent control buildings. These go through a-separate but full building permit process. These are
100%fixed, These.exist at several operating units with several more in the plans in 2015 and 2016.
2: Break.trailers for the fluctuating work forces. These have the flexibility to be moved as needed for •
different work fronts.(Interim use permit process)(This current request is for 30 more)
• Currently FHR has large turnarounds and base projects we can have as many as.2000 or more
contractors at Flint Hills.
•
• During these turnarounds we have historically used some of our larger shop buildings that can house,up'
to 500 people for breaks. Some of these buildings are at the end of life and will be removed in the next
several years.
• We also have a number of conventional trailers that have been used for breaks, however we are phasing -
most of these out and replacing them with BRM's.
• We have approximately 26 BRM's designated for breaks which house approximately 15-20 workers each
(-40Q to 520 workers),
• We would like to add these additional 30 BRM's to house up to an additional (-450 to 600)as needed.
■ We have several shops here at Pine bend which are slated to be removed. The shops that we are
planning to remove are Shop one seven and several sfrialler shops.
• We are working on longer term plan which may include the addition of a new multi-purpose shop.and
'break area which may be a break area for as many as 500 workers:
• During large•perk manpower times such as large turnarounds, we may seek the use,of a break tent to
handle 300-500 or more workers. This request will be discussed at-a later date when we have worked out
the logistics of these tents.
=Don Kern •
Facilities and Engineering. Manager
Flint Hills Resources LP
• (651)-437-0762
•
•
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012-53
A RESOLUTION APPROVING THE INTERIM USE PERMIT TO FLINT HILLS
RESOURCES FOR UP TO THIRTY TEMPORARY CONSTRUCTION WORKER
BLAST RESISTANT MODULES, A TEMPORARY COMMUNICATIONS TRAILER,
AND A TEMPORARY WAREHOUSE.
WHEREAS, the City of Rosemount received an application from Flint Hills Resources (FHR) for
the approval of an Interim Use Permit (IUP) to use up to thirty temporary construction worker blast
resistant modules,a temporary communications trailer, and a temporary warehouse at 12555 Clark
Road, Rosemount, Minnesota;and
WHEREAS, the IUP will allow the use of these temporary modules, trailer and warehouse during
construction projects and maintenance which is expected to continue until December 31,2016; and
WHEREAS, on July 10,2012, the Planning Commission of the City of Rosemount held a public
hearing to review the IUP application from FHR for the temporary modules, trailer and warehouse;
and
WHEREAS,the Planning Commission adopted a motion recommending that the City Council
approve the IUP for FHR subject to the conditions listed below;and
WHEREAS,on August 6, 2012, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendation and the IUP for FHR.
NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the IUP for FHR to use up to thirty temporary construction worker blast resistant
modules, a temporary communications trailer,and a temporary warehouse at 12555 Clark Road,
Rosemount, Minnesota, subject to the following conditions:
1. The Interim Use Permit expires 12/31/2016.
2. Each building and trailer requires a building permit and shall conform to all applicable
building and fire codes.
3. The applicant must obtain a grading permit prior to grading or installation of the temporary
buildings.
ADOPTED this 6th day of August, 2012 by the City Council of the City of Rose ount.
i i
William H. Droste,Mayor
ATTST
I CR,LI,L,-
Amy Domeier, City Clerk
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
NOVEMBER 26, 2013
c. Flint Hills Request to Increase Number of Blast Resistant Modules(13-38-IUP). Flint Hills
Resources LP (FHR) has applied for an Interim Use Permit (IUP) to install up to thirty additional
(30) temporary blast resistant modules (BRMs),construct a second temporary tent-like warehouse
building and slightly expand the area in which the BRMs can be installed. Flint Hills had an IUP
approved for 30 BRMs in August of 2012 and has had interim use permits (IUPs) for similar trailers
and the temporary warehouse since 2004. This request would permit a total of 60 BRMs with all
permits expiring at the same deadline of 12/31/2016. Senior Planner Zweber reviewed the staff
report.
The public hearing was opened at 8:49p.m.
Don Kern, Flint Hills Resources, stated BRMs are state of the art to keep workers safe. He stated
he was open to answer any questions from the Commissioner. Commissioner Miller asked if part of
the process of installing these units included updating appropriate plans and training to insure safe
egress from the facility. Mr. Kern responded that they have researched where to place the modules,
how people would leave the particular area,and where people need to go during an evacuation.
Commissioner Husain asked what the modules are made of. Mr. Kern responded the modules have
a heavy steel exterior with interior tubing that can withstand a 5 psi blast and is a very safe storm
shelter also. The modules have heating and air conditioning units so they are climate controlled.
Chairperson Powell asked if employees may be temporary housed in the units. Mr. Kern stated
these modules will be used for break rooms for contractors.
There were no public comments.
MOTION by Powell to Close the Public Hearing.
Second by Weber.
Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:55pm.
Chairperson Powell stated he is continually impressed with the applicant's continuous awareness
safety.
MOTION by Powell to recommend the City Council approve an Interim Use Permit to
Flint Hills Resources for up to Sixty (60)Temporary Blast Resistant Modules (BRMs) and
Two (2)Temporary Warehouses, subject to the following conditions:
1. The Interim Use Permit expires 12/31/2016.
2. The placement of the BRMs is limited to the areas shown in red and green on the
attached map.
3. Each building and trailer requires a building permit and shall conform to all
applicable building and fire codes.
4. The applicant must obtain a grading permit prior to grading or installation of the
temporary buildings.
Second by Miller. •
Ayes: 4. Nays: None. Motion approved.