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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 - y \'''%k. iii.L.-:-...ii i ' . . . op. ..------- -- — • "7--ZINii"--1 . II 0 ... .i. ,c w 1\ 7 j. ' .I •r - e e a I )1 ' 40 Pf '9.43ES...2 71 . pi 9 ! \ „II/. .., . 1 i-ii !t,'4 - , \\\ I \ _ ,... ; I e 52 . 1 \ - . . Pf. ."WI ' - irrnir •t•',It..,4. I li, IN.. ,V.,......; t-r----- . — ----*t ""'r ��� �N- ._. .. ... '17 - -- •# _ •f t . ; 4 A.m.. 40...1.i... * .... „,41 - �, , .:4 V .- • 1 t '''_-1e4 ''''! _� 1 ' 0- 1 j �! b • it, a , .10 '41.,;.."(.-t,'4ii ._ .' - __,..:: 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 • • I' li ,/r^ f j (FLINT HILLS ' Pine Rend Refinery nem NOa110E - ..paeely o PUNT MILLS RESOURCES.LP�,ter ' r �-", 1 Paul.Wombat.and N Iml le Um benew w nl.cenkenl:o:use tee lop 1 INN bowing end lls!meow emote/neaten ppamip. end grNO Uol 1 Nee eat be reproduced .e.lent or olnerel.e d�lpoeed of d'nocll,w d fee wblcn It I.p Yell,banished e1Nw than I Hu i ...•.'., BARGE Da K LOADING AREA `' II _ ` - X e,..tF PIA 1S I h 1 : (I P�Tr( O O1 �il O ) SCALE IN FEET 11111 i� • ' OJ II a.e, �'1� ,► ]9C 50C IO!OD 4►DD 1 . :ILI i, 1___ B ,1 1, ,,,i,,,, 0 . ,, 7 r, �yArl ��I �O IO I� O �I `' I,, O PROPOSED ACCEPTABLE MODULE PLACEMENT O 1 - c UNDER BLANKET AGREEMENT WITH 1 -' ROSEMOUNT. III I r tif = a p I -w - . 0I. , �'y _- 1/ E77 e._4 !1 V 1°O O , _... s1 a ... �. ., amp__ Lc . ,a ,c3 . o* s i__ 1 ^_ 1 o •eY . P G1[N i t O �• � IIr ' _1113° 1O O oI j No tots ;( �, Zr — J ir..r r �� rcoLI cZoSTe I��� i�a� k�lio_. r r .E.90a Mewl. cli N. EU — '' A11111111111 .0.1 41111•11111111111•111111111111111111111111=■ iF Yr — A111111111•111111111111111■11111 () ANI■11111111MIIIMIIIIIIIIIIIIIIII ----1h-----"..: 1 c AIIIIMMIN111111111111111111111111 II FHR PINE BEND REFINERY I ) , 'Q L acn 1Ra 0 11. 1. to ll'- ___. '._.__�__ .- �_a.1_ - '- ------'E—... 1... .... 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.