HomeMy WebLinkAbout5.e. PCExecSumm CHP Plants Text Amendment 07-28-2016EXECUTIVE SUMMARY
Planning Commission Meeting: July 26, 2016
Tentative City Council Meeting: August 16,2016
AGENDA ITEM: 16-31-TA Zoning OrdinanceText
Amendment to Allow Combined Heat and
AGENDA SECTION:
Power Plants as a Conditional Use Within
Public Hearing
the HI-Heavy Industrial Zoning District
and Amend Section 11-1-4: Definitions.
PREPARED BY: Anthony Nemcek, PlannerAGENDA NO. 5.e.
ATTACHMENTS: Draft OrdinanceAPPROVED BY: K. L.
RECOMMENDED ACTION: Motion to Recommend that City Council Approve a Zoning
Ordinance Text Amendment Adding Combined Heat and Power Plants as a Conditional
Use in the HI-Heavy Industrial Zoning District and Amending Section 11-1-4: Definitions.
SUMMARY
This item was initiated by staff in response to a request by Flint Hills Resources to construct a combined
heat and power (CHP) plant at its refinery. The proposed amendment is based on a review of conditions
placed upon similar facilities within other communitiesalong with conditions that would be pertinent to
the Rosemount community. Should the City Council approve this amendment it would allow combined
heat and power plants within the HI – Heavy Industrial zoning district as a conditional use.
BACKGROUND
Flint Hills Resources has been in the process of making improvements to its refinery at 12555 Clark Road
in an effort to reduce emissions and increase efficiency. Combined heat and power plants, also called
cogeneration plants, allow an operator to generate their own electricity from heat that is already being
produced as part of the refining process. Staff reviewed conditions placed on similar facilities throughout
the United States and Canada to develop the text amendment. Several of the conditions in the
amendment were added to ensure the combined heat and power plant was subordinate to the primary use
on the site. Additionally, conditions were drafted that would allow a combined heat and power plant only
on sites where similaruses were already taking place and would maintain compliance with existing Code
provisions.
TEXT AMENDMENT
Combined heat and power, or cogeneration, plants are not currently permitted in any zoning district in
Rosemount. While the request from Flint Hills Resources is the first of its kind, staff believes that
combined heat and power plants can be an appropriate use in the HI – Heavy Industrial zoning district
with the proper conditions applied. Furthermore, combined heat and power plants help the City of
Rosemount’s efforts toward increased sustainability.
Below is the staff recommended text amendments that add combined heat and power plant to the
definitions and add combined heat and power plants as a conditional use in the HI – Heavy Industrial
District.
11-1-4: DEFINITIONS:
COMBINED HEAT AND POWER PLANT: A facility that generates electricity and useful thermal
energy in a single, integrated system. Also known as cogeneration, or cogen, plants.
11-4-16-1: HI HEAVY INDUSTRIAL DISTRICT:
D. Conditional Uses: The following uses are conditional uses in the HI heavy industrial district and are
subject to the conditional use permit provisions outlined in this title. These uses are also subject to the
site and building standards outlined in subsection 11-4-16G of this chapter of the general industrial
district, except as specifically exempted below:
Motor freight terminals.
Truck stops subject to the requirements outlined in the GI district in subsection 11-4-16D of this chapter.
Warehousing, wholesaling and distribution of nonheavy manufacturing materials.
Combined heat and power plants, subject to:
1.The combined heat and power plant is customarily incidental and subordinate to the primary use
of the site and must support existing processes within the facility. A minimum of 80% of power
generated by the CHPplant must be utilized by the facility.
2.For the sale of power from the combined heat and power plant to remain incidental and
subordinate to the primary use (i.e., the Refinery), the sale of excess power cannot exceed 30% of
the total amount of power needed to operate the principal use. This 30% limit, however, cannot
be calculated based upon the total amount of power that can theoretically be generated by the
CHP plant. Rather, the 30% sale limitation must be based upon: (1) thecriticalload and ancillary
load demand of the refinery itself; and (2) necessary redundancy power.
3.The owner/operator of the combined heat and power plant may not sell any power in excess of
the maximum power sale amounts set forth herein without the advance consent of the City; the
City shall only consider such a request by the owner/operator of the Facility in the event of a crisis
or casualty (i.e., a tornado, or other similar disaster).
4.The facility must have a single owner at all times.
5.The owner/operator of the combined heat and power plant is prohibited from selling, transferring
or otherwise providing power to any third party user directly, and shall only sell, transfer, or
otherwise provide power, if at all, to the City, Xcel Energy, Dakota Electric, and shall only export
power through an interconnection with the regional electric grid.
6.Maximum height ofany structure cannot exceed that allowed by the zoning ordinance or that of
any existing structures within the facility.
7.The project must comply with all other applicable zoning code provisions for the HI-Heavy
Industrial zoning district with regard to site and building requirements as well as performance
standards.
8.The project must comply with all requirements of state and federal agencies.
9.Landscaping plans must take into account sightlines from neighboring rights of way and land uses
that differ from the project.
10.The CHP plant cannot exceed the principal structure in square footage, height, or massing as
determined by the City.
11.The parcel where the CHP plant is located must be greater than 100 acres.
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CONLUSION
Staff recommends approval of the attached draft ordinance amending Section 11-1-4: Definitions and
Section 11-4-16-1: HI-Heavy Industrial District.
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City of Rosemount
Ordinance No. B- 252
AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE
B RELATING TO DEFINTIONS AND CONDITIONAL USES WITHIN THE HI-HEAVY
INDUSTRIAL ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 11-4-16-1.D: Conditional Uses: The
following uses are conditional uses in the HI heavy industrial district and are subject to the
conditional use permit provisions outlined in this title. These uses are also subject to the site and
building standards outlined in subsection 11-4-16G of this chapter of the general industrial district,
except as specifically exempted below:
Motor freight terminals.
Truck stops subject to the requirements outlined in the GI district in subsection 11-4-16D of
this chapter.
Warehousing, wholesaling and distribution of nonheavy manufacturing materials.
Combined heat and power plants, subject to:
1. The combined heat and power plant is customarily incidental and subordinate to the
primary use of the site and must support existing processes within the facility. A
minimum of 80% of power generated by the CHP plant must be utilized by the facility.
2. For the sale of power from the combined heat and power plant to remain incidental and
subordinate to the primary use (i.e., the Refinery), the sale of excess power cannot
exceed 30% of the total amount of power needed to operate the principal use. This 30%
limit, however, cannot be calculated based upon the total amount of power that can
theoretically be generated by the CHP plant. Rather, the 30% sale limitation must be
based upon: (1) the critical load and ancillary load demand of the refinery itself; and (2)
necessary redundancy power.
3. The owner/operator of the combined heat and power plant may not sell any power in
excess of the maximum power sale amounts set forth herein without the advance
consent of the City; the City shall only consider such a request by the owner/operator of
the Facility in the event of a crisis or casualty (i.e., a tornado, or other similar disaster).
4. The facility must have a single owner at all times.
5. The owner/operator of the combined heat and power plant is prohibited from selling,
transferring or otherwise providing power to any third party user directly, and shall only
sell, transfer, or otherwise provide power, if at all, to the City, Xcel Energy, Dakota
Electric, and shall only export power through an interconnection with the regional
electric grid.
6. Maximum height of any structure cannot exceed that allowed by the zoning ordinance or
that of any existing structures within the facility.
7. The project must comply with all other applicable zoning code provisions for the HI-
Heavy Industrial zoning district with regard to site and building requirements as well as
performance standards.
8. The project must comply with all requirements of state and federal agencies.
9. Landscaping plans must take into account sightlines from neighboring rights of way and
land uses that differ from the project.
10. The CHP plant cannot exceed the principal structure in square footage, height, or
massing as determined by the City.
11. The parcel where the CHP plant is located must be greater than 100 acres.
Other uses similar to those in this district as determined by the board of appeals and
adjustments, subject to issuance of a conditional use permit. (Ord. B-175, 10-17-2006; Ord.
B-248, 7-21-2015)
Section 2. Rosemount Zoning Ordinance B, Section 11-1-4 Definitions: For the purpose of
this title, certain words contained herein shall be defined as follows:
COMBINED HEAT AND POWER PLANT: A facility that generates electricity and useful
thermal energy in a single, integrated system. Also known as cogeneration, or cogen, plants.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
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ENACTED AND ORDAINED into an Ordinance this 16 day of August, 2016.
CITY OF ROSEMOUNT
________
William H. Droste, Mayor
ATTEST:
Clarissa Handler, City Clerk