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HomeMy WebLinkAbout5.d. PCExecSummFHR_CUP_CokerDerrick_12192016EXECUTIVE SUMMARY Planning Commission Meeting: January 24, 2017 Tentative City Council Meeting: February 21, 2017 AGENDA ITEM: 16-55-CUP: Request by Flint Hills Resources for a Conditional Use Permit AGENDA SECTION: for a Structure Exceeding 250 feet in Public Hearing Height in the Heavy Industrial Zoning District PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.d. ATTACHMENTS: Site Location, Rendering, Elevation, City APPROVED BY: K.L. Comments for EAW RECOMMENDED ACTION: Motion to recommend approval of a Conditional Use Permit for a 346 foot tall Coker Derrick with a minimum setback of 2,000 feet, subject to the following conditions: 1. Compliance with FAA lighting standards for structures taller than 200 feet. 2. Issuance of all required building permits. 3. Compliance with all applicable state and federal air emission standards. SUMMARY Applicant and Property Owner: Flint Hills Resources Location: 13775 Clark Road Comp. Guide Plan Designation: GI-General Industrial Current Zoning: HI-Heavy Industrial The applicant, Flint Hills Resources, requests approval of a conditional use permit to allow the construction of a structure, a coker derrick, taller than 250 feet. Structures more than 250 feet in height in the HI-Heavy Industrial zoning district may be allowed through a conditional use permit so long as the conditions set forth in the City Code are met. The subject prop Bend Refinery just west of Highway 52. Staff is recommending approval of the request. BACKGROUND The applicant is making several technological improvements to its facility to increase efficiency and reduce emissions. largest NOx emitting heaters with one new, more modern delayed coking unit and a single, more efficient heater. Flint Hills Resources is requesting a conditional use permit to allow for the construction of and setback standards for the new coke drum system with a lattice structure that will support the drill stem that is used to break apart the coke, a byproduct of the refining process, which builds up in the drums. A conditional use permit is required for structures taller than 250 feet in the HI-Heavy Industrial zoning district. ISSUE ANALYSIS Conditional Use Permit. The purpose of conditional use permits (CUPs) is to allow for those uses which may be suitable for a given site under some circumstances. In this case, the applicant is proposing a structure taller than 250 feet in the Heavy Industrial zoning district. The burden of demonstrating if the use meets the criteria for granting a conditional use permit and meets all applicable standards lies with the applicant. As a conditional use, structures over 250 feet are subject to the general CUP standards outlined in Section 11-10- the applicable standards, staff finds the proposed use meets the conditional use permit requirements for structures over 250 feet in the Heavy Industrial District. These standards and staff findings for each are provided below. 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The proposed project is not detrimental to the surrounding uses. It is similar to uses currently within the FHR refinery. It is a benefit to the overall health and welfare of the community as it results in fewer total emissions. 2. Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: The existing coker derricks and the proposed derrick structure that will replace them are consistent with both the land use and zoning designations for the subject property. 3. Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: The structure will be similar in appearance to other tall lattice structures on site. The height of the structure is taller than the existing coker drum system located immediately north of the new unit, but because the new derrick structure will be located at a lower elevation, the height will have an elevation only 21 feet greater than the existing coker drum system. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. Finding: The refinery is currently being served by all essential public services, and the proposed project does not require any additional public facilities. 5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Finding: During its review of the EAW, the Minnesota Pollution Control Agency found no potential for significant environmental effects. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Finding: The proposed project is not anticipated to generate additional traffic, and the site will be accessed via an existing entrance to the refinery. 7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of 2 major importance and will comply with all local, state, and federal environmental quality standards. Finding: The applicant submitted an EAW for review by the Minnesota Pollution Control Agency. The result of that review was a negative finding on the need for a more comprehensive Environmental Impact Statement. The proposed coker system is designed to meet all applicable environmental quality standards. 8. These standards apply in addition to specific conditions as may be applied throughout this code. Finding: The coker for the HI-Heavy Industrial zoning district. SITE PLAN REVIEW Land Use & Zoning The site of the proposed coker derrick is guided for general industrial uses. The General Industrial land use designation acknowledges that uses within that district may generate noises, smells, and vibrations. The proposed coker derrick is an appropriate use at sites guided as such. The site is located within the Heavy Industrial zoning district. Heavy manufacturing including large structures or equipment which refine or store combustible or explosive materials is a permitted use in the HI-Heavy Industrial Zoning district. Derrick Height and Setback The height of the derrick structure will be approximately 346 feet above grade. Because the location of the structure is positioned at a lower elevation on the site, the actual difference in elevation between the existing coker derrick structures and the proposed derrick is 21 feet. A rendering from a distance of one mile west of the site is provided in the attachments. The proposed coker derrick is located near the center of the facility approximately 2,700 feet from the western boundary of the facility and 2,500 feet from the eastern boundary. The facility is located within several parcels. The project site straddles a parcel line that runs directly through the refinery. For this reason, the eastern and western boundaries of the refinery should be used to determine the setback. Landscaping Staff is not recommending additional landscaping. This is based on the fact that the derrick is a piece of equipment that is replacing existing equipment in the refinery facility and the height of the structure makes it impossible to screen with any amount of landscaping. Site plan reviews are always conducted for Conditional Use Permits. The only reason for the CUP is the height of the derrick. Equipment installation is not generally reviewed by the Planning Commission, nor does the City require additional landscaping for equipment installations. Further, the applicant has their own landscaping and habitat restoration program that has resulted in the planting of over 10,000 trees since 2000. Currently the applicant is working with City staff to create screening further from the facility and closer to areas that will see residential development. The applicant has provided a narrative about the work being done as part of its land management program. This document is included in the attachments. Access and Parking No buildings are being proposed with this project. As such, no additional parking is required. Access to the site will be provided from existing entrances along Clark Road and staging areas within the facility will be used during construction for materials and parking. 3 Lighting Any structure taller than 200 feet is subject to FAA lighting requirements. Staff is recommending a condition of approval requiring compliance with FAA lighting standards. Engineering No grading is anticipated on the site, and all stormwater is retained and treated on site in accordance with RECOMMENDATION Staff is recommending approval of a conditional use permit for a 346 foot tall derrick structure with a minimum setback of 2,000 feet, subject to conditions. This recommendation is based on information provided by the applicant and reviewed in this report. 4 Flint Hills Coker Site Map November 30, 20161:19,200 08751,7503,500ft 0262.55251,050m Property Information Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Rim 75 Rim 4ROSEMOUNT COMMUNITY DEVELOPMENT November 1, 2016 Charles Peterson Resource Management and Assistance Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, IVIN 55155 RE: Flint Hills Resources — Pine Bend Technology and Efficiency Improvement Project Dear Mr. Peterson: The purpose of this letter is to submit comments, questions, and responses to the Minnesota Pollution Control Agency (PCA) from the City of Rosemount on the Flint Hills Resources (FHR) Pine Bend Technology and Efficiency Improvement Project Environmental Assessment Worksheet (EAW) We have reviewed the EAW and appreciate the opportunity to provide feedback. The City of Rosemount's comments are as follows: Page 8; Item 8: Permits and Approvals Required by the City of Rosemount: The specific approvals required by each project axe as follows: Coker Replacement Project — A Conditional Use Permit and a supporting Site Plan Review is required for structures that exceed 250 feet in height, a building permit is required for the footings that will support the derrick structure. Barge Slip Improvement Project — A Conditional Use Permit is required for aIl projects located in the Flood Plain Zoning District and a Site Plan Review is required for all projects located within the Mississippi River Critical Overlay District, a building permit will be required for the barge slip ramp. A grading perinit is required if more than one acre of ground will be disturbed. Page 9; Item 9 -a -I; Third Paragraph: The EAW states the facility is located four miles northeast of the City of Rosemount. The Facility is located within the City of Rosemount and therefore there should be no miles between the Facility and the City. An alternative would be that the Facility is 4 miles northeast of Downtown Rosemount. Page 10; Item 9 -a -ii; First Paragraph: The EAW states that the Facility is part of the 6,000 acre Industrial District. While it is true that the Proposer owns 4,073 acres of land in Rosemount, the extent of the General Industrial and Light Industrial Land Use Districts within the City of Rosemount is approximately 3,100 acres. Additional industrial land in adjacent Inver Grove Heights totals approximately 1,000 acres. SPIRIT OF PRIDE AND PROGRESS Rosemount City Hall • 2875 145th Street West • Rosemount, MN 55068-4997 651-423-4411 • TDD/TTY 7-1-1 • Fax 651-423-5203 www.ci.rosemount.mn.us Page 11; Item 9-b; First Paragraph: The Proposer is required to obtain a conditional use permit and site plan review and approval for structures over 250' in height and to establish setback standards for the coker drum derrick structure. The City has received applications for the required planning reviews. Page 11; Item 9-b; Third Paragraph: The Proposer is required to obtain a conditional use permit and site plan review for construction of improvements to the Proposer's barge slip within the FP -Flood Plain zoning district and Mississippi River Corridor Critical Area Overlay District. Page 12; Item 10; Fifth Paragraph: Please indicate the depth of the water table at the sites and at what depth construction work will take place. Page 42; Second Paragraph; Residential Developments: The RAW states that the closest residential development area is 1.5 miles west of the Facility boundarlr. The closest residential development area is 1.25 miles west of the facility boundary. Page 45; Land Use; Development; The combined General Industrial and Light Industrial Land Use district within Rosemount is approximately 3,100 acres in size. An additional 1,000 acres of industrial land uses lies in the adjacent section of Inver Grove Heights to the north of Rosemount, The barge dock is located within the Flood Plain zoning district as well as the Mississippi River Critical Area Overlay District. Thank you again for the opportunity to comment on the EAW. Sincerely, William Droste, Rosemount Mayor