HomeMy WebLinkAbout6.w. Request by Flint Hills Resources for an Interim Use Permit for 65 Blast Resistant Modules, 12 Blast Resistant Enclosures, and 2 Warehouse Tents
EXECUTIVE SUMMARY
City Council Meeting: December 17, 2019
AGENDA ITEM: Request by Flint Hills Resources for an
Interim Use Permit for Sixty-Five (65)
Blast Resistant Modules, Twelve (12)
Blast Resistant Enclosures, and Two (2)
Warehouse Tents.
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.w.
ATTACHMENTS: Resolution; Excerpt from minutes of the
November 26, 2019 Planning
Commission Meeting; Site Location;
Plans and Images; Blanket Agreement
Area Map; Narrative
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a resolution approving an Interim Use Permit
for Sixty-Five (65) Blast Resistant Modules, Twelve (12) Blast Resistant Enclosures, and
Two (2) Warehouse Tents, subject to conditions.
SUMMARY
The City Council is being asked to review a request by Flint Hills Resources to continue the use of non-
standard safety shelters and storage buildings within the refinery for another ten years. Temporary
structures are an interim use in the Heavy Industrial zoning district. The applicant is requesting a duration
of ten years for the IUP, and they have agreed to pay property taxes on the value of the temporary
structures. Staff and the Planning Commission are recommending approval of the request.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this request at a public hearing held during its Planning Commission
meeting on November 26. No public comments were received at the hearing, although the applicant did
speak in support of their request. The Commission asked about the IUP for a temporary storage building
that was approved by Council in October and whether it was included with this request. Because the
expiration date for that IUP is the same as this request, there is no need to include that building with this
IUP. The Planning Commission also asked if the applicant was willing to pay property taxes on the value
of that temporary storage building. The applicant has agreed to pay property taxes on the value of that
building as well as the temporary structures included in the current request.
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. As with the warehouse tent that was approved
with an IUP at the October 15th City Council meeting, 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 buildings based upon the value of the structure.
As the City is not the jurisdiction that determines valuation or what structures are, or are not, taxed, staff
has included this commitment in the conditions of approval.
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This request is essentially a renewal of an existing Interim Use Permit that was originally approved in 2013
and modified to include additional structures in 2014. More recently, at the October 15th City Council
meeting, the Council reviewed a request for a separate IUP to allow FHR to construct a temporary
warehouse tent. That structure is not included with this IUP. There are three types of structures
contained within this IUP request: Blast Resistant Modules (BRMs), Blast Resistant Enclosures (BREs),
and Warehouse Tents. The blast resistant structures are meant to protect workers while eliminating the
long travel times between the various project sites within the facility and a permanent break area.
Warehouse tents are used to cover inventory, equipment, and supplies close to project sites while allowing
flexibility as the projects occur in many different areas within the refinery.
Blast Resistant Modules are steel structures capable of withstanding a pressure wave of up to 8 p.s.i. to
protect workers inside from a high velocity shock or blast. BRMs are 12’x40’ in size, and can stand alone
or be combined for up to 12-plex assemblies. They are used to house workers for breaks or short-term
projects, and often get moved around to be near project sites within the facility.
Blast Resistant Enclosures are tent-like structures that can withstand a pressure wave of 3 p.s.i., and they
are designed to flex and protect the inhabitants of these structures. They are held to the ground with an
engineered anchoring system. The primary purpose of these structures is to provide break facilities for
contractors working on various projects within the refinery, and they can be more easily moved to where
work is occurring.
The third type of structure, Warehouse Tents, are similar to the structure contained within the IUP request
reviewed by the Council at its October 15 meeting. These structures are unheated and simply used to
provide protection from the weather (rain, snow, etc.) for equipment used in construction projects at the
refinery. These are located at the southern portion of the facility.
The City and FHR have identified a Blanket Agreement Area within which the structures described above
may be located. This allows FHR flexibility to place the structures in closer proximity to projects as they
occur without needing additional approvals each time the structures are relocated. The applicant is not
requesting a change to the boundaries of this area, which is shown on a map contained in the attachments.
One of the original conditions of the IUP that was included to mitigate any impact from the westward
expansion of the Blanket Agreement Area is being included in the recommendation, and that is that no
temporary structures can be placed within 300 feet of Rich Valley Boulevard. Another 2013 condition that
required additional conifers be planted along Rich Valley Boulevard has been met and therefore is not
included in the recommendation.
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 Permi ts (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 and
also the 2040 Comprehensive Plan Update. The blast resistant modules and tents will be used to house
workers that support the refining of petroleum, a permitted use in the Heavy Industrial zoning district.
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2. The use will provide adequate ingress and egress to minimize traffic congestion in the public
streets.
Finding: Access to the site is located along Clark Road, east of the site. Not changes are proposed to the
traffic to and from the site.
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 IUP being visually screened from the US 52 right-of-way.
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.
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 and the Planning Commission recommend approval of an Interim Use Permit for Sixty-Five (65)
Blast Resistant Modules, Twelve (12) Blast Resistant Enclosures, and Two (2) Warehouse Tents, subject to
the conditions contained in the attached resolution. 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-XX
A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR SIXTY-FIVE (65)
BLAST RESISTANT MODULE, TWELVE (12) BLAST RESISTANT ENCLOSURES,
AND TWO (2) WAREHOUSE TENTS
WHEREAS, the City of Rosemount received an application from Flint Hills Resources (FHR) for
the approval of an Interim Use Permit (IUP) for Sixty-Five (65) Blast Resistant Modules, Twelve
(12) Blast Resistant Enclosures, and Two (2) Warehouse Tents at 12555 Clark Road, Rosemount,
Minnesota; and
WHEREAS, the IUP will allow the use of the temporary structures during construction projects
and maintenance which is expected to continue until December 31, 2029; and
WHEREAS, on November 26, 2019, the Planning Commission of the City of Rosemount held a
public hearing to review the IUP application from FHR for the temporary structures; 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 December 17, 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 Sixty-Five (65) Blast Resistant Modules, Twelve (12) Blast Resistant
Enclosures, and Two (2) Warehouse Tents at 12555 Clark Road, Rosemount, Minnesota, subject to
the following conditions:
1. The interim use permit expires December 31, 2029.
2. The placement of the Blast Resistant Modules (BRMs), Blast Resistant Tents (BRTs) and
temporary warehouses is limited to the areas shown on the Blanket Agreement Area map.
No BRMs, BRTs or temporary warehouses are allowed within 300 feet of the Rich Valley
Boulevard right-of-way.
3. The Heavy Industrial Site and Building Standards are waived to allow metal and fabric
buildings within the areas shown on the Blanket Agreement Area map. No temporary metal
or fabric buildings are allowed within 300 feet of the Rich Valley Boulevard right-of-way.
4. The applicant shall pay property taxes on the structures based upon their value.
ADOPTED this 17th day of December, 2019, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
5.b. Request by Flint Hills Resources for an Interim Use Permit for Sixty-Five (65) Blast Resistant Modules, Twelve
(12) Blast Resistant Enclosures, and Two (2) Warehouse Tents. (19-46-IUP)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Chair Kenninger inquired if the warehouse tent that was approved earlier in 2019 has the same Interim Use Permit
expiration date. Nemcek stated that it does indeed have the same date of December 31, 2029. Kenninger stated that that
specific warehouse tent was excluded from taxes because that was not a condition of the permit. Nemcek stated that it
actually was a condition of that approval as well.
The public hearing opened at 6:58 pm.
Public Comments:
Don Kern, Flint Hills Resources Pine Bend, stated that he is available for any questions.
MOTION by Freeman to close the public hearing.
Second by Lundquist.
Ayes: 7. Nays: 0. Motion Passes.
The public hearing was closed at 6:59 pm.
Additional Comments:
Commissioner Reed stated that he appreciated the opportunity to visit Flint Hills and he was able to get a better
understanding of their operation.
MOTION by Freeman to recommend the City Council approve the Interim Use Permit for Sixty-Five (65)
Blast Resistant Modules, Twelve (12) Blast Resistant Enclosures, and Two (2) Warehouse Tents, subject to the
following conditions:
1. The interim use permit expires December 31, 2029.
2. The placement of the Blast Resistant Modules (BRMs), Blast Resistant Tents (BRTs) and temporary
warehouses is limited to the areas shown on the Blanket Agreement Area map. No BRMs, BRTs or temporary
warehouses are allowed within 300 feet of the Rich Valley Boulevard right-of-way.
3. The Heavy Industrial Site and Building Standards are waived to allow metal and fabric buildings within the
areas shown on the Blanket Agreement Area map. No temporary metal or fabric buildings are allowed within
300 feet of the Rich Valley Boulevard right-of-way.
4. The applicant shall pay property taxes on the structures based upon their value.
Second by VanderWiel.
Ayes: 7. Nays: 0. Motion Passes.
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Nemcek, Anthony
From:Kern, Don S. <Don.Kern@fhr.com>
Sent:Wednesday, October 9, 2019 3:51 PM
To:Lindquist, Kim
Cc:Nemcek, Anthony
Subject:Rosemount 2019 IUP for BRM's and BRE's
Attachments:20190617_102852.jpg; 20190617_102358.jpg; 20190617_102116.jpg;
10092019155339-0001.pdf
Kim, Flint Hills Resources Pine Bend LLC is submitting a revised interim use permit application for the use of non‐
standard safety shelters at the refinery for the next 10 years. This would be a modification and extension of the prior
IUP(s) we have had in place for these same structures since 2014 (Per our prior discussions, FHR has agreed to pay
property tax on these structures for the duration of this IUP). As you know, these structures do not fully comply with
Rosemount building codes however they are an industry best‐practice solution for providing a safe areas for our workers
during breaks. These structures will sit (per attached map) a minimum set back distance from any public road of 500’
and will be consistent with the industrial look of the refinery.
There are three main structure types in this IUP proposal.
Blast Resistant Module (BRM): These are steel structures capable of up to an 8 PSI pressure wave that will protect
workers inside of a high velocity shock wave or blast. These modules come in 12’ X 40’ but can come in either single
modules or up to 12 plex assemblies or more when combined. These BRM’s generally sit directly on leveled ground.
These BRM’s are used to house workers for breaks and for short term projects and often get moved around from project
to project. FHR PB currently has 65 of these on site.
Note: there are several control rooms built with these BRM modules, however they have been through the building
permit and inspection process and are considered permanent taxable structures already and are outside of this scope.
Blast Resistant Enclosures (BRE): These are blue and white tent‐like structures. They are actually a double lined tents
with an inflated tube structure that can resist a 3 PSI pressure wave and flex with this wave to protect the inhabitants.
These BRE’s have an engineered anchoring system. These tents are primarily used for break facilities for our contractor
work force and can be moved occasionally to where larger work fronts are occurring. We have 10 smaller and two
larger versions of these BRE’s on site.
Warehouse tents: These are non‐heated basic heavy duty tents that keep weather off of inventoried non‐operating
equipment. FHR PB has two of these tents at our facility now with another being built in 2019 on the separate October
2019 IUP. All three of these tents reside at the southern portion of the refinery.
FHR PB does not anticipate any additional BRM’s, BRE’s or Warehouse tents in the future but if they are needed for
some unforeseen reason we will discuss with Rosemount Planning staff prior to bringing them in.
If you have any questions I’d be glad to come meet with you and discuss.
Don Kern
Facilities and Engineering Manager
Flint Hills Resources LP
651‐437‐0762
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Don Kern
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Facilities and Engineering Manager
Flint Hills Resources LP
651‐437‐0762