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HomeMy WebLinkAbout6.k. Approval of Conditional Use Permit for Barge Dock Improvements And Site Plan Review EXECUTIVE SUMMARY City Council Regular Meeting: February 21, 2017 AGENDA ITEM: Approval of Conditional Use Permit for Barge Dock Improvements And Site Plan Review AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.k. ATTACHMENTS: Site Location Map, Resolution, Site Plan, Landscape Narrative, Barge Dock Photo, Excerpt from January 24, 2017, Planning Commission Meeting APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve a Resolution Approving a Conditional Use Permit and Site Plan Review for Flint Hills Resources to make Barge Dock Improvements within the Flood Plain zoning district, subject to conditions. SUMMARY The City received applications for a Conditional Use Permit and Site Plan Review from Flint Hills Resources (FHR) for improvements to a barge dock owned by the applicant. Docks, piers, and wharves are conditional uses in the Floodplain zoning district; developments within the Mississippi River Corridor Critical Area overlay district must receive site plan approval. The proposed improvements to the barge dock are part of a larger technology and efficiency improvement project Flint Hills Resources is undertaking. The proposed barge dock will be used to unload and transport equipment that is being delivered to the site via the Mississippi River. No new structures other than the barge ramp are proposed for the site, and the applicant intends to resurface the access road leading to the barge dock. The Planning Commission and staff are recommending approval of the site plan and conditional use permit with conditions. Applicant: Flint Hills Resources Property Owner: Flint Hills Resources Property Location: .8 miles north east of Highways 52 and 55 interchange Comprehensive Plan Designation: GI – General Industrial Zoning: FP – Flood Plan and HI – Heavy Industrial Current Neighboring Land Uses: The project site is surrounded by natural, wooded land to the north, south, and west. The Mississippi River is east of the project site. Planned Neighboring Land Uses: The site is surrounded by land that is guided General Industrial and Agriculture. PLANNING COMMISSION ACTION At its January 24th meeting, the Planning Commission held a public hearing to review this request and receive public comment. The applicant was present to answer questions from the Commissioners, but no other public comments were received. The Planning Commission was interested in whether the dock improvements were permanent or temporary and if anyone other than the applicant would have access to the docks. The dock improvements will be permanent and only the applicant, Flint Hills Resources, would have access to the dock. Other questions about the logistics of crossing Highway 52 came up, but those issues would be addressed by MnDOT. The Planning Commission unanimously passed a motion to recommend approval of the site plan review and conditional use permit by the City Council. BACKGROUND The project is one of several components of a technology and efficiency improvement initiative the applicant is currently undertaking. Specifically, the improvements to the barge dock and access road will serve to unload equipment being used in another project also being reviewed, the proposed coker and accompanying derrick. Improvements proposed include a new ramp into the dock and upgrades to the access road serving the site. Barge unloading will take place within the existing barge slip which is currently managed for asphalt production distribution. Installation of a sheet pile wall with road material fill will occur within the existing barge slip area to create a heavy haul ramp allowing for unloading of modules and equipment from the barges. The material will be placed onto transporters which will bring the modules and equipment to the refinery for installation. FHR plans to repave and reinforce the access road as needed to accommodate the width and height of the modules. Additionally, FHR is planning to remove and/or trim trees along the barge dock and access road to accommodate the modules and equipment. An Environmental Assessment Worksheet (EAW) was developed for the entire Technology and Efficiency Improvement project. The proposed project’s impact on wetlands and endangered species was also reviewed as part of that process. A declaration of no net loss of wetlands was determined by the Dakota County Soil and Water Conservation District. Following the reviews, the Minnesota Pollution Control Agency issued a negative declaration on the need for an environmental impact statement. SITE PLAN REVIEW City Code requires that all projects within the Mississippi River Corridor Critical Area (MRCCA) overlay receive site plan approval. The purpose of the overlay district is to prevent and mitigate irreversible damage to the unique resource that is the Mississippi River Corridor, to preserve and enhance its value to the public, and protect and preserve the system as an essential element in the City’s development of transportation, sewer and water, recreation, and industry. The proposed project is also a conditional use in the Floodplain district. All Conditional Use Permit applications are also required to undergo a site plan review. Land Use and Zoning Private roads and barge facilities are specifically permitted in the MRCCA overlay district. Marinas, boat rentals, docks, piers, wharves, and water control structures are permitted conditional uses in the underlying Floodplain district. Lot and Building Standards There are setback provisions within the overlay district relating to the bluff line and the normal high water mark. The proposed improvements to the barge dock and access road are exempted from these setback requirements. There are also height limits that are not applicable for the proposed project. The applicant is proposing no changes to the existing parcel boundaries. Landscaping There is very little land being disturbed for this project, and much the site is heavily wooded. Requiring additional landscaping on site would provide a negligible benefit for the community. Flint Hills Resources conducts landscaping and habitat restoration as part of its ongoing land management program. A narrative from the applicant describing this work is included with the attachments. Signage The site is located on a private road with restricted access. No signage is proposed with this project. 2 Exterior Lighting No additional lighting is proposed with this project. Engineering While the project plans do not indicate extensive grading of the project area, staff is recommending that the issuance of a grading permit be included as a condition of approval. This is due to the fact the project is in a flood plain and a grading permit will allow staff to monitor timing and ensure appropriate procedures are being used to minimize erosion on the site. The city’s engineer has provided a memo dated January 24, 2017 that is included with the attachments. CONDITIONAL USE PERMIT Review and Analysis Docks, piers, and wharves are permitted conditional uses in the Flood Plain zoning district. Conditional Uses are uses that can be permitted provided the impacts of the use (such as health, safety, and public welfare concerns) are addressed, mitigated or conditioned. For the Planning Commission to recommend approval of a conditional use, eight (8) general findings must be made: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding. The applicant completed an EAW for the proposed project and the MPCA has declared that there is no need for a further Environmental Impact Statement. The project using the new barge and expanded access way will help reduce harmful emissions at its refinery. Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding. The use and location are consistent with the Comprehensive Plan and Zoning ordinance. Furthermore, the project supports an identified goal to reduce pollution. 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: Due to the location of the site, there will be little impact on neighboring uses. There are no plans for additional grading of wooded areas around the project. 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. Because this project is an improvement of an existing use, staff does not foresee the need for additional public services. The applicant will be working with MnDOT to plan the anticipated crossing of 52 when construction of other components of the overall technology and efficiency improvement begin. Will not involve uses, activities, processes, material equipment, and conditions of operation that will be hazardous or detrimental to and persons, property, or 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 significant environmental effects that have not been addressed by the design process and by ensuring conformance with regional and local plans. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Finding: No additional traffic is expected on a regular basis. There will be construction traffic as 3 well as traffic generated by the transport of the equipment and modules for the coker derrick. 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 EAW process reviews natural, scenic, or historic features as well as impacts on native species of plants and animals, endangered or otherwise. These standards apply in addition to specific conditions as may be applied throughout this code. Finding: The proposed improvements to the barge dock and access road meet all the standards of the City Code for the Flood Plain zoning district and the MRCCA overlay district. Special Considerations for Conditional Uses Within the Floodplain Zoning District In reviewing conditional use applications for uses within the Flood Plain zoning district, the commission shall also consider the following issues in addition to the general standards for approving a CUP: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. Finding: The proposed barge ramp within the existing slip is not anticipated to impact flooding as it does not encroach further than the existing barge dock. 2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. Finding: The ramp will be supported by sheet piles driven 40 feet into the sediment within the barge slip. Additional support will come from deep foundation piles. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. Finding: No changes are proposed to water supply and sanitation systems. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. Finding: The proposed improvements are not susceptible to flood water. 5. The importance of the services provided by the proposed facility to the community. Finding: The proposed improvements will allow the applicant to increase the efficiency of its production as well as reduce harmful emissions. 6. The requirements of the facility for a waterfront location. Finding: The purpose of this project is to provide a point of access to unload equipment and modules from barges. A waterfront location is inherent to the design of the improvements. 7. The availability of alternative locations not subject to flooding for the proposed use. Finding: Transporting the components of the coker and derrick via the Mississippi has been determined to be the most efficient method of bring those components to the site. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. Finding: The proposed barge ramp and access road upgrades are improvements to the existing use on the site and are compatible with existing development. 4 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. Finding: The proposed barge dock improvements are in harmony with the comprehensive plan and the City Code with regards to the FP-Floodplain zoning district and the MRCCA overlay district. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. Finding: The site is served by an existing access road that will be upgraded as part of the proposed project. No other changes are anticipated to the access to the site. 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. Finding: The proposed addition of a slip ramp within the existing barge slip is not expected impact floodwaters. 12. Such other factors which are relevant to the purposes of this section. Finding: The proposed barge dock improvements have been reviewed by multiple agencies as part of the development of an EAW. No significant impacts were identified by the Pollution Control Agency during that process. CONCLUSION AND RECOMMENDATION Based on the information provided by the applicant and reviewed in the report above, staff and the Planning Commission are recommending approval of a site plan review and a conditional use permit for Barge Dock Improvements within the FP-Flood Plain zoning district. 5 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) AND SITE PLAN REVIEW FOR BARGE DOCK IMPROVEMENTS IN THE FLOOD PLAIN ZONING DISTRICT WHEREAS, the City of Rosemount received an application for a Conditional Use Permit (CUP) and Site Plan Review from Flint Hills Resources for barge dock improvements within the FP-Flood Plain zoning district; and WHEREAS, on January 24, 2017, the Planning Commission of the City of Rosemount held a public hearing to review the CUP and Site Plan Review application from Flint Hills Resources for barge dock improvements within the FP-Flood Plain zoning district; 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 barge dock improvements within the FP-Flood Plain zoning district. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby grants a CUP for barge dock improvements within the FP-Flood Plain zoning district, subject to the following conditions: 1. Issuance of a grading permit to ensure appropriate erosion control procedures are in place and to monitor timing of the project. 2. The applicant must comply with all state and federal regulations covering projects located within the Mississippi River corridor. 3. All applicable permits, including DNR and Corps of Engineers permits, shall be properly secured before starting work. 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 SHEET PILE WALL 690 6906 9 0690690 690 PERMANENTRAMP BARGE 30 ft 75 ft 30 ft 75 ft Figure 3 BARGE SLIP AREA RAMPFlint Hills Pine Bend, LLCRosemount, MinnesotaBarr Footer: ArcGIS 10.4, 2016-10-20 14:04 File: I:\Client\FlintHills\PineBend\Geotechnical_Investigations\Maps\Reports\23191302_2016\Barge Slip Ramp\Figure 3 - Barge Slip Ramp V2.mxd User: jrvImage Source: Dakota County, 2015 0 80 160 Feet I Modu le Un loadin g Lo cation Barge Permanent Ra mp MNDNR Regula tory Ordinary HighWater L eve l (689 .9’) Area to be Filled Below OHWL forConstruction of Ramp Modu le Tra nsp ort Route Road Shoring Area Wetland Boundary Wetland Boundary Inferred Wetland Bo undary Buffer Note: The inferred boundary relates to the area in betweentwo separate wetland delineations with evaluation areasthat did not overlap. Figure 1 SHEET PILE WALL 690 6906 9 0690690 690 PERMANENTRAMP BARGE 30 ft 75 ft 30 ft 75 ft Figure 3 BARGE SLIP AREA RAMPFlint Hills Pine Bend, LLCRosemount, MinnesotaBarr Footer: ArcGIS 10.4, 2016-10-20 14:04 File: I:\Client\FlintHills\PineBend\Geotechnical_Investigations\Maps\Reports\23191302_2016\Barge Slip Ramp\Figure 3 - Barge Slip Ramp V2.mxd User: jrvImage Source: Dakota County, 2015 0 80 160 Feet I Modu le Un loadin g Lo cation Barge Permanent Ra mp MNDNR Regula tory Ordinary HighWater L eve l (689 .9’) Area to be Filled Below OHWL forConstruction of Ramp Modu le Tra nsp ort Route Road Shoring Area Wetland Boundary Wetland Boundary Inferred Wetland Bo undary Buffer Note: The inferred boundary relates to the area in betweentwo separate wetland delineations with evaluation areasthat did not overlap. Figure 1Figure 2 Barge Dock Landscape Narrative City Specification trees can be planted at a mutually agreed upon location on FHR property such as the areas that were recently walked down with city planners if any trees are required for the Barge Dock project. Flint Hills Resources conducts landscaping and habitat restoration as part of its ongoing land management program. This includes planting more than 10,000 deciduous and evergreen trees on the refinery’s property since just 2000. Flint Hills plans to continue planting approximately 1000 trees annually. Flint Hills Resources also continues to partner with habitat organizations Friends of the Mississippi River and Great River Greening to restore a 1,650-acre natural area along the Mississippi River near the refinery, which has become one of the largest and most diverse native ecosystems in the Twin Cities. The land is critical habitat in a migration corridor for millions of songbirds and 40% of North American waterfowl and shorebirds. Flint Hills Resources customarily consults with environmental and habitat restoration organizations when it’s considering new projects and is committed to minimizing environmental impacts and protecting natural habitat. 5.e. Request by Flint Hills Resources for barge dock ramp improvements within the FP-Floodplain Zoning District and site plan approval for a project within the Mississippi River Critical Area overlay district. (16-57- CUP) Planner Nemcek gave a brief summary of the staff report. Commissioner Mele inquired about the width of the road; Nemcek stated about 12 feet wide. Commissioner Freeman inquired what will happen to the dock after the coker project. Nemcek stated it will be permanent structure and will use it for future projects. Commissioner Clements confirmed that only Flint Hills has access to the dock. Commissioner Forester asked about road reinforced. Hatcher stated that MnDot would determine that what is needed to accommodate the load. The public hearing opened at 10:08 pm. Public comments: Don Kern, Flint Hills Resources, stated that the access road can currently handle two way traffic. They will use special trucks to transport the coker and will need to obtain special permits from MnDot to transport the coker to the site. They also plan to use the dock for future projects. MOTION by Clements to close the public hearing. Second by Freeman. Ayes: 7. Nays: 0. Motion Passes. The public hearing closed at 10:12 pm. Motion by Clements to recommend that the City Council approve a Conditional Use Permit and Site Plan Review for Barge Dock Improvements at Flint Hills Refinery, subject to the following conditions: 1. Issuance of a grading permit to ensure appropriate erosion control procedures are in place and to monitor timing of the project. 2. The applicant must comply with all state and federal regulations covering projects located within the Mississippi River corridor. 3. All applicable permits, including DNR and Corps of Engineers permits, shall be properly secured before starting work. Second by Freeman. Ayes: 7. Nays: 0. Motion Passes.