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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. 2 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. 3 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.