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HomeMy WebLinkAbout6.i. Conditional Use Permit for a Coker Derrick over 250 feet, being 346 feet EXECUTIVE SUMMARY City Council Regular Meeting: February 21, 2017 AGENDA ITEM: Conditional Use Permit for a Coker Derrick over 250 feet, being 346 feet AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.i. ATTACHMENTS: Site Location, Resolution, Rendering, Elevation, City Comments for EAW, Excerpt of Minutes from January 24, 2017, Planning Commission Meeting APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve a Resolution Approving a Conditional Use Permit for a 346 foot tall Coker Derrick with a minimum setback of 2,000 feet with conditions 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 property is located within the applicant’s Pine Bend Refinery activity area, just west of Highway 52. Staff is recommending approval of the request. PLANNING COMMISSION ACTION The Planning Commission held a public hearing on January 24, 2017 to review the application and to receive public comment. No comments were received by the Planning Commission, but the applicant was present to answer questions regarding the proposed derrick. The Planning Commission asked about how this project fits with the zoning ordinance and about the project timeline. BACKGROUND The applicant is making several technological improvements to its facility to increase efficiency and reduce emissions. The proposed structure will be built to replace two older coking process units and the facility’s 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 to demonstrate 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 11-10-7. These standards evaluate the City’s land use and zoning performance standards and the potential impact of this use on the surrounding properties. After reviewing the applicant’s plans in comparison with the applicable standards, staff believes 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. 2 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 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 derrick’s design and surrounding area meet all the standards of the City Code 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 set at a lower elevation than the existing structure, the actual difference in elevation between the two structures 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. Site plan reviews are always conducted for Conditional Use Permits, however 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 activity areas 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 3 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. 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 Flint Hills Resources’ stormwater pollution prevention plan. RECOMMENDATION Staff and the Planning Commission are 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, reviewed in this report, and received during the public hearing. 4 Flint Hills Coker Site Map Property Information November 30, 2016 0 1,750 3,500875 ft 0 525 1,050262.5 m 1:1 9,2 00 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. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A 346 FOOT TALL COKER DERRICK STRUCTURE WITH A MINIMUM SETBACK OF 2,000 FEET WHEREAS, the City of Rosemount received an application for a Conditional Use Permit (CUP) from Flint Hills Resources for a 346 foot tall coker derrick with a minimum setback of 2,000 feet; and WHEREAS, on January 24, 2017, the Planning Commission of the City of Rosemount held a public hearing to review the CUP application from Flint Hills Resources for a 346 foot tall coker derrick with a minimum setback of 2,000 feet; and WHEREAS, the Planning Commission adopted a motion recommending that the City Council grant the CUP for Flint Hills Resources; and WHEREAS, on February 21, 2017, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation and the CUP application for a 346 foot tall coker derrick with a minimum setback of 2,000 feet. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby grants a CUP 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. ADOPTED this 21st day of February, 2017, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Hadler, City Clerk 5.d. Request by Flint Hills Resources for Conditional Use Permit to approve a structure taller than 250 feet for a Coker Derrick.(16-55-CUP) Planner Nemcek gave a brief summary of the staff report. Chair Kenninger inquired about the current zoning of heavy industrial but the Comprehensive Guide Plan says general industrial. Lindquist clarified that General Industrial can be zoned either Heavy or Light Industrial. She also asked about the rendering provided by the applicant showing the proposed structure and how close the nearest home would be. Nemcek stated it is near Greystone III. Commissioner Forester inquired about the size of the footprint and if this will be the tallest structure at the facility. Nemcek deferred the questions to the applicant. The public hearing opened at 9:57 pm. Public comments: Don Kern, Flint Hills Resources, explained their technology and efficiency initiative as well as how this will help them achieve that goal. He also explained the coker process. He stated the footprint is roughly 100 ft. x 75 ft and the flair stacks are higher than the new cokers. Commissioner Henrie asked about the project timeline. Jake Rients, from Flint Hills Resources stated it will start in 2017 and end in 2020. MOTION by Clements to close the public hearing. Second by Mele. Ayes: 7. Nays: 0. Motion Passes. The public hearing closed at 10:02 pm. Motion by Henrie to recommend that the City Council to approve the 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. Second by Forester. Ayes: 7. Nays: 0. Motion Passes.