HomeMy WebLinkAbout6.g. Request by Flint Hills Resources for an Interim Use Permit to Construct a Temporary Storage Building
E X E C U T I V E S U M M A R Y
City Council Meeting: October 1, 2019
AGENDA ITEM: Request by Flint Hills Resources for an
Interim Use Permit to Construct a
Temporary Storage Building.
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.g.
ATTACHMENTS: Resolution, Site Location, Plans, Blanket
Agreement Area Map. APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Adopt a Resolution Approving an Interim Use
Permit Allowing Flint Hills Resources to Construct a Temporary Building, Subject to
Conditions.
SUMMARY
The City Council is being asked to consider a request by Flint Hills Resources for an interim use permit to
construct a temporary warehouse building. Temporary buildings are an interim use in the HI-Heavy
Industrial zoning district. The applicant is requesting a 10-year duration for the permit. Staff is
recommending approval of the Interim Use Permit, subject to conditions.
PLANNING COMMISSION ACTION
The Planning Commission discussed this item at their September 24 th meeting. The applicant was present;
no questions were asked. Staff clarified that this process of approval is similar to the blast resistant
modular buildings, however the tent is not blast resistent. With that clarification, the Commission
unanimously approved the Interim Use Permit.
BACKGROUND
The IUP is intended to permit the temporary buildings 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 clearly
identified. An IUP process is also used when the site use or improvements are of a temporary nature that
will not adversely affect or inhibit future re-use of the site.
The current proposal is for warehousing of materials near construction areas. During discussions with
staff, it was noted that temporary buildings are supported for temporary uses. The consistent amount of
construction in the area means that these temporary structures will continue indefinitely. From a City
perspective, staff would prefer permanent structures as they are more visually appealing and more
importantly provide tax base to the City. In discussions with the applicant, they have agreed to pay taxes
on the proposed building based upon the value of the structure. As the City is not the jurisdiction that
determines valuation or what structures are taxed, staff has included this commitment in the conditions of
approval.
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In 2014, the City Council approved an IUP for Flint Hills Resources to construct blast resistant modules
(BRMs), blast resistant tents (BRTs), and two temporary warehouse buildings. That approval included a
Blanket Agreement Area Map identifying the areas within which the temporary buildings could be placed.
The new proposed temporary warehouse building will also be located within the Blanket Agreement Area.
FHR will be requesting a renewal of its existing IUP that expires on December 31 st of this year for the
BRMs, BRTs, and two temporary warehouse buildings. FHR is requesting this separate IUP for a single
temporary warehouse building due to the timing of its project schedules.
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
Legal Authority
The interim use permit approval is a quasi-judicial action, meaning that if the application meets the City
Code and interim use permit regulations, then the interim use permit must be approved. Staff supports
approval of this interim use permit. The detailed analysis of this finding is provided below.
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
temporary warehouse building will be used for the storage of construction materials in the support of the refinery
operation, a permitted use in the HI-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 building will be the existing access at the southern terminus of 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
temporary building being visually screened from the US 52 right-of-way by existing structures and landscaping.
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.
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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 or future planned parking facilities.
RECOMMENDATION
Staff recommends that the City Council approve an Interim Use Permit for a temporary warehouse
building, subject to the staff recommended conditions. This recommendation is based on the information
submitted by the applicant and findings made in this report.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-78
A RESOLUTION APPROVING THE INTERIM USE PERMIT TO ALLOW FLINT HILLS
RESOURCES TO CONSTRUCT A TEMPORARY STORAGE BUILDING
WHEREAS, the City of Rosemount received an application from Flint Hills Resources (FHR) for
the approval of an Interim Use Permit (IUP) to construct a temporary storage building at 12555
Clark Road, Rosemount, Minnesota; and
WHEREAS, the IUP will allow the use of a temporary storage building during construction
projects and maintenance which is expected to continue until December 31, 2029; and
WHEREAS, on September 24, 2019, the Planning Commission of the City of Rosemount held a
public hearing to review the IUP application from FHR for the temporary storage building; 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 October 1, 2019, 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 construct a temporary storage building at 12555 Clark Road,
Rosemount, Minnesota, subject to the following conditions:
1. The applicant shall ensure water draining off the tent does not create erosion of the gravel
surface. If erosion is observed, applicant shall take measures to contain sediment, repair and
prevent future occurrences.
2. The Interim Use Permit expires on December 31, 2029.
3. The applicant shall obtain required building and grading permits and shall conform to all
applicable building and fire codes.
4. The applicant shall pay property taxes on the structure based upon the value of the proposed
structure.
ADOPTED this 1st day of October, 2019, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
5.a. Request by Flint Hills Resources for an Interim Use Permit to Construct a Temporary Structure. (19-39-IUP)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Commissioner Reed inquired why the facility will be blast resistant. Nemcek clarified that the proposed facility will not
be blast resistant.
Public Hearing opened at 6:38 pm.
Public Comments:
Don Kern, Flint Hills Resources, explained that the tent will be used basically for storage to keep the products out of the
elements.
MOTION by Reed to close the public hearing.
Second by VanderWiel.
Ayes: 7. Nays: 0. Motion Passes
The public hearing was closed at 6:39 pm.
Additional Comments: None.
MOTION by Freeman to recommend approval of an interim use permit allowing flint hills resources to
construct a temporary building, subject to the following conditions:
1. The applicant shall ensure water draining off the tent does not create erosion of
the gravel surface. If erosion is observed, applicant shall take measures to
contain sediment, repair and prevent future occurrences.
2. The Interim Use Permit expires on December 31, 2029.
3. The applicant shall obtain required building and grading permits and shall
conform to all applicable building and fire codes.
4. The applicant shall pay property taxes on the structure based upon the value of
the proposed structure.
Second by Schmisek.
Ayes: 7. Nays: 0.
Dakota County, MN
Property Information
Se pte mber 13, 2019
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.