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HomeMy WebLinkAbout5.c. FHR EXECUTIVE SUMMARY Planning Commission Regular Meeting: January 25, 2022 Tentative City Council Meeting: February 15, 2022 AGENDA ITEM: 22-03-IUP Request by Flint Hills Resources for an Interim Use Permit to Construct a Solar Facility on 314 acres west and southwest of its Pine Bend Refinery. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 5.c. ATTACHMENTS: Site Location; Preliminary Site Plan; Draft Interim Use Permit APPROVED BY: AK RECOMMENDED ACTION: Motion to recommend the City Council approve the Interim Use Permit (IUP) allowing Flint Hills Resources to construct a solar facility to provide energy to its Pine Bend Refinery, subject to the following: a. The project shall be subject to all requirements under city code and policy related to such development and improvements. b. An environmental assessment worksheet shall be provided by the applicant for review by the appropriate agencies and accepted by the City. c. The applicant shall submit a landscape plan and associated surety in the amount of 110% of the proposed landscaping cost prior to building permit approval. d. Applicant shall apply for and receive a grading permit prior to construction. e. The applicant shall conduct a tree inventory and submit for review with a grading permit application. Any required tree replacement shall be included in a landscape plan. f. Applicant shall provide sufficient parking where appropriate to ensure access roadways remain clear for emergency vehicles. g. Ground or wall signs shall be approved through a separate permit. h. If lighting will be provided, the applicant shall submit a detailed lighting plan and cut sheet for all light fixtures consistent with the City’s lighting standards as part of its building or electrical permit submission. i. Submission of a certification from Underwriters Laboratories, Inc., or other appropriate certification as determined by the city, prior to receiving a building permit. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. j. Any solar energy system remaining nonfunctional or inoperative for a continuous period of one year shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit. Removal includes the entire structure including transmission equipment. k. There shall be no assignment of the interim use permit without the written approval of the City. The permittee will be responsible for all requirements of this permit and 2 all applicable City ordinances for the permit period unless the permittee gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. l. The permittee shall grant to the City, its agents, employees, officers and contractors, including agents, employees and contractors of any surety, an irrevocable license, in a form approved by the City Attorney, to enter the property to perform all work and inspections deemed appropriate by the City to enforce conditions or to perform work as a result of the permittee’s default. This license shall continue in effect until all conditions imposed by the City have been complied with. m. The permittee will reimburse the City for any costs incurred as a result of any necessary inspections to ensure that the conditions of the permit are being satisfied and any costs incurred as a result of enforcing the permit. n. The permittee shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The permittee shall indemnify the City for all costs, damages or expenses, including but not limited to attorneys’ fees that the City may pay or incur in consequence of such claims. o. Conformance with all requirements of all other applicable regulatory agencies including, but not limited to, Dakota County and the State of Minnesota. SUMMARY Applicant: Flint Hills Resources Location: North of 140th Street East and east of Blaine Avenue AND north of Bonaire Path and west of Blaine Avenue Area in Acres: 314 Acres Comp. Guide Plan Design: AG – Agriculture, LI-Light Industrial, GI-General Industrial Current Zoning: AG – Agriculture and HI – Heavy Industrial The Planning Commission is being asked to consider a request by Flint Hills Resources (FHR) for approval of an Interim Use Permit (IUP) to construct a solar facility on 314 acres of applicant-owned land located west and southwest of the Pine Bend Refinery. The system will generate up to 45MW of electricity for use by the refinery. Typically, accessory solar systems are approved administratively by staff via the building permit process. Because of the size of the proposed facility and the potential for conflicts with future development patterns, staff recommended the applicant apply for an interim use permit with a term of 25 years to allow the City to reassess the conditions of the permit as well as development patterns in the surrounding area. The land on which the facility will be constructed is owned by the applicant and located within an area that the applicant has indicated will be maintained as a buffer between the refinery and the developing portion of the City. Therefore, staff is not anticipating future development in the vicinity of the site. This request is unusual in that the size of the project falls under the threshold that would require a site plan review given the vastness of the refinery, and solar systems that are accessory to a principal use do not require an IUP. The plans provided by the applicant are very preliminary, but the applicant is seeking IUP approval prior to devoting the significant resources to the development of materials that will be needed by various agencies to review. Because the project area is greater than 100 acres, an environment assessment worksheet (EAW) must be 3 produced to ascertain whether an environmental impact statement (EIS) will be required. The City’s consultant, WSB, is working with the applicant on the drafting of the EAW. Acceptance of the EAW is included as a condition of approval. Additionally, the applicant will be producing a tree inventory as part of its grading permit application. Submittal of that document is also listed as a condition of approval, although staff does not anticipate any required tree replacement due to the three large stands of trees that the applicant is leaving untouched as part of the project. The applicant does have an ongoing tree planting program through which over 1,000 trees are planted each year, which likely aligns with the intent of the tree preservation ordinance. Staff is recommending approval of the request. BACKGROUND Ordinance Creation In March of 2014, the City Council approved Ordinance B-229 related to Alternative Energy Systems. Prior to approval both the Planning Commission and City Council reviewed the ordinance during multiple meetings. During this review the City Council expressed concerns with proposed height and screening standards. In the end, the Council directed staff to revise the ordinance to require ground mounted solar energy systems, community solar gardens or solar farms be screened from view of the public right-of-way to the extent possible without reducing their efficiency by setback, berming, landscaping, walls or a combination thereof. Facility Description The solar project area will consist of individual solar modules and support equipment surrounded by fencing. There is significant existing vegetation along the east side of Blaine Avenue/Rich Valley Boulevard that will be retained as it provides screening of the refinery. The applicant has indicated that they will provide screening in the form of trees wherever it will not impact the efficiency of the solar panels. A condition of approval is included that a formal landscape plan be submitted for staff review prior to issuance of a building permit for staff to calculate the necessary landscape surety as required by City Code. Because the project straddles multiple public roadways, there will be several access points into the different parts of the facility. The applicant is planning to install tracking solar panels that move with the position of the sun to generate the greatest amount of energy possible. The foundations will likely be a driven steel pier and typically do not require concrete. Concrete pads or footings may be required for the inverter skids. Areas of bare ground at the facility will be re-vegetated with a low-growing seed mix that will include plant varieties that attract pollinators. Because the existing use of the site is agricultural in nature, restoring the entire site’s vegetation to native plants will be a lengthy process that will occur in coordination with other restoration activities initiated by the applicant. ISSUE ANALYSIS Legal Authority Interim use permit requests are considered a quasi-judicial action. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. The applicable standards, along with staff findings related to each are provided below. Interim Use Permit Review Interim Use Permits are intended to permit the temporary use of a property for a specific use until a particular date, the occurrence of a particular event, or if zoning regulations no longer permit the proposed use. The general standards and findings necessary for reviewing an IUP application are outlined in Section 11-10-08 and detailed below. The City must approve or deny each IUP request based on review of these criteria. Should the City approve an IUP request, it may attach conditions to mitigate anticipated adverse impacts associated with the use, ensure compliance with the standards of approval, protect the value of other property, and achieve the goals and objectives of the comprehensive plan. Setbacks and Height The proposed project lies within the AG and HI zoning districts. The AG district contains a minimum 50’ 4 front yard and 30’ rear and side yard setbacks. The HI district requires a minimum setback of 75’ for all structures under 35’ in height. The plans provided by the applicant indicate setbacks ranging from 97’ to 191’ at all property boundaries facing a public right of way. All adjacent parcels are owned by the applicant, and even greater setbacks are provided from those property lines. The maximum height for ground mounted solar systems is 15’. The applicant provided an elevation showing the maximum height of the panels to be 14’. Because the solar panels will track the sun, the height of the panels will be 9’ when they are in a horizontal position. Screening . The Alternative Energy Systems ordinance requires ground mounted solar systems be screened from view of the public right-of-way to the extent possible without reducing their efficiency by setback, berming, landscaping, walls or a combination thereof. The applicant has indicated that due to the use of tracking solar panels that would utilize a wider angle of the sun’s rays, particularly in the morning and evening hours, they have concerns about the ability to provide screening that wouldn’t affect the efficiency of the panels. At the time the ordinance was adopted, City Council had concerns about the visual impact of solar panels in the southeastern, agricultural part of the city. Staff believes that the proposed project is different due to its location adjacent to the refinery on land owned by the applicant to be used as a buffer, and the screening requirements are not as impactful or necessary. Nevertheless, the applicant has indicated a willingness to provide additional trees where practicable, and a formal landscape plan will be submitted for staff review in order to calculate the amount of any required landscape surety. Landscaping & Tree Preservation. The applicant is requesting IUP approval prior to dedicating the resources to producing full civil plans. Because several large stands of trees are being preserved as part of this project, combined with the applicant’s ongoing process of planting over 1,000 trees each year on its property, staff is comfortable recommending approval of the IUP with the understanding that a tree inventory of the project area will be conducted and submitted with a required grading permit. Staff also discussed providing pollinator-friendly ground cover on the site, and the applicant agreed that those areas of bare ground will be re-vegetated with a low-growing, pollinator-friendly seed mix. Areas that will not be graded will still contain remnant vegetation related to the current agricultural use on the site. Restoring those areas to native plants will be a much longer and more difficult task, which will occur over time with other restoration activities on FHR-owned land. Most recently those activities have taken place on the east side of Highway 52. The applicant has indicated that they look forward to expanding those efforts westward through and beyond the proposed project area. Access & Parking . The applicant’s plans illustrate accesses to each portion of the site consistent with City standards. The plans illustrate four accesses from Blaine Avenue/Rich Valley Boulevard. Rosemount’s parking regulations do not list specific off-street parking for the proposed solar facility use. However, the applicant’s plans include maintenance and monitoring areas. Maintenance will be conducted by FHR employees based within the refinery boundary. As a result, staff recommends a condition of approval require the applicant to provide sufficient parking that will ensure the access roads remain clear in case of emergencies. Parking within those roads will not be permitted so emergency vehicles will have full access to the site while maintenance activities are taking place. Feeder Lines. According to the applicant’s plans, all cables and power lines will be buried within the project consistent with City requirements. Xcel Energy operates and maintains the distribution system which may be above ground. Compliance. The Alternative Energy ordinance requires all solar energy project to comply with all applicable building, electrical and plumbing codes. The applicant’s states they will comply with these requirements and apply for all necessary permits. 5 Certification. The City’s Alternative Energy ordinance requires solar electric system components to be certified by Underwriters Laboratories, Inc. and the applicant has pledged to submit this certification prior to construction. Staff recommends a condition of approval require the applicant to submit a certification from Underwriters Laboratories, Inc. prior to receiving a building permit. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. Abandonment. The City’s Alternative Energy ordinance deems any solar energy system remaining nonfunctional or inoperative for a continuous period of one year is abandoned and shall constitute a public nuisance. Staff recommends a condition of approval require removal any system deemed abandoned at landowner’s expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. Signage. The applicant’s plans show no ground or building signage. All signs shall meet the requirements of the AG – Agricultural and HI-Heavy Industrial district and shall not be installed without first receiving approval of an administrative sign permit. Exterior Lighting. The applicant’s plans do to not include a lighting plan. If the applicant intends to install any security or maintenance lighting, staff recommends a condition of approval that requires the applicant to submit a detailed lighting plan and cut sheet for all light fixtures consistent with the City’s lighting standards with any building/electrical permit. Engineering. As has been previously stated, the applicant wishes to receive IUP approval prior to dedicating the resources to civil plan development. There are several layers of review that remain before the proposed solar facility can be constructed, including a stormwater review as part of the grading permit application, building and electrical permits that must be applied for and reviewed, and an EAW must be completed and accepted following a public comment period. The City’s engineering staff has conducted a preliminary review and found that there is no planned infrastructure within the project boundaries, and therefore the proposed project will not impact future plans for the provision of sewer, water, and stormwater management to the east side of the City. Findings for Interim Use Permits 1. The extent, location, and intensity of the use will be in substantial compliance with the comprehensive plan. Findings: The proposed project is consistent with the Comprehensive Plan. First, the proposed project is consistent with one of the ten guiding principles of the Comprehensive Plan, which is to “Incorporate sustainability precepts into development decisions to move toward a more resilient community.” Second, the requested rezoning is consistent with an energy infrastructure goal of Chapter 7: Resilience within the Comprehensive Plan, which is to “Look for opportunities to remove barriers and increase renewable energy us in order strengthen and diversify the energy grid and mitigate climate related impacts.” 2. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. Findings: The applicant’s plans illustrate two accesses to the site consistent with City standards. The plans illustrate access points to each segment of the facility from Blaine Avenue/Rich Valley Boulevard which are sufficient for the level of traffic generated by the proposed use. 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. Findings: The proposed solar facility use will not be detrimental to the existing character of the 6 development in the immediate neighborhood or endanger the public health, safety, and general welfare. The proposed solar facility is consistent with the land use designation and goals and objectives of the comprehensive plan. 4. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Findings: Staff is recommending a 25-year term to the IUP for the proposed solar facility and, while located within the MUSA, the land on which the project will be constructed is in an area the applicant intends to maintain an undeveloped buffer between its Pine Bend Refinery and development to the west. Should the applicant’s plans for this area change, the term of the IUP will allow the City to reassess the appropriateness for such a use at the end of the 25-year period. 5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Findings: With a few exceptions, the proposed project meets or exceeds the performance standards for solar farms. Areas of non-compliance are addressed through specific conditions of approval detailed in the Recommended Action section of this report to be reviewed prior to the issuance of building, electrical, and grading permits. CONCLUSION & RECOMMENDATION Staff recommends approval of the interim use permit (IUP) application from Flint Hills Resources to allow construction of a solar facility on land east of its Pine Bend Refinery, subject to conditions. This recommendation is based on the materials submitted by the applicant and the findings made in this report. The project area is a total of 314 acres with the solar facility comprising 207 acres within it. Staff is recommending a 25-year term for the IUP subject to the conditions and review timeline included in the permit. Should the City approve the project, the site will be used to generate energy to support the operations at the refinery. Staff and the applicant are excited about this project as it will go a long way toward increase the efficiency of the refinery’s operations and will help the City reduce its overall greenhouse gas emissions and meet its stated goal of becoming a more resilient community. GASGASGASGASGASGAS PET PET PET PET PET PET PET PET PET PET PET PET PETPETPETPETPETPETPETPETPETPETPETPETPET PET PET PET PET PETPETPETPETPETPETPETPETPETPETPETPET OHOHOHDB56X XXXXXXXXXXX X X X X XXXXX X X XXXXXE 125th StRich Valley BlvdBlaine AveAnderson Dr103192745681112131415Typical Tracker ArrayTypical 14.2kV Collection LineGSC02Proposed Perimeter FenceProject Laydown and Office ParkingProject BoundaryProposed Directional Bore - TypExisting Transmission Lines - TypExisting Petroleum Line - TypExisting RailroadProposed Storm Water Management- TypXcel Energy SubstationProposed 14.2kV UndergroundTransmission Line (By Others)MINNCAN Pipeline CrudeRecieving and Metering StationExisting Capped WellProposed 14.2kV OverheadTransmission Line (By Others)Proposed Directional Bore - TypProposed Cable Tray(By Others)Point of DemarcationSee Detail BelowProposed Site AccessGSC01GSC03Existing Trees toRemainProposed Landscaping Buffer140th St E138th St EBonaire Path EProposed Access Gate withNative Compacted Soil RoadsProposed Access Gate withNative Compacted Soil Roads25' Row Spacing9' or 14' 4.1'PETPETP E T P E TDBDBDB DBDBXXXXXSite PlanScale: 1" = 600'Key MapScale: 1" = 6,000'ProposedBoundaryAC Capacity at Point ofInterconnection: 45MWacABCDEFGHIJKLMNOPQ12345678910COPYRIGHT(C)2021 DEPCOM POWER, ALL RIGHTS RESERVEDDRAWING NUMBER:12345678910NOT FOR CO N S T R U C T IO N SHEET OFREV DATE REVISION DESCRIPTION BY CHK APP THIS PRINT IS NOT TO BEUSED FOR CONSTRUCTIONUNLESS NOTED AND SIGNED"OK FOR CONSTRUCTION"ABOVE LAST REVISIONSCALE:DRAWN BY:CHECKED BY:PROJECT MANAGER:PROJECT DIRECTOR:PROJECT CODE:DEPCOM JOB NUMBER:SHEET TITLE:TITLE:9185 E PIMA CENTER PARKWAY #100SCOTTSDALE, AZ 85258PHONE: (480) 270-6910WWW.DEPCOMPOWER.COMDEPCOM POWERD:\DEPCOM Power Dev\CAD - PDE\Opportunities\Flint Hills Resources\Pine Bend Refinery\Site Plans\WIP\Active Drawings\Pine Bend Refinery SP-100-5-T - 1/18/2022 11:43 AM 060012001800300600Imperial ScaleScale: 1" =600'LegendProject Boundary LineUnderground AC LineOverhead AC LinePerimeter FenceExisting Overhead LineOHXWetlands100-YR FEMA Flood PlainDirectional BoreDBSite PlanTBDTBDMN55SP-100-5-T########CFMPAS NOTED13Project Information:Customer Name: Flint Hills Resources Pine Bend, LLC.Customer Address: 13775 Clark RoadRosemount, MN 55068Customer Account # At Xcel: 51-5604696-6EPC CompanyEPC Contact Name and Number:DEPCOM Power9185 E Pima Center Pkwy Suite 100, Scottsdale, AZ 85258Installer Company: TBDInstaller Contact Name and Number:TBDSolar Farm / Interconnection Address: 13775 Clark RoadRosemount, MN 55068Row Spacing: 25ftDC/AC Disconnect Location:At PAD Mounted ReclosersProject Site Description:Latitude:44.760081°Longitude:-93.071215°Elevation: 835 ft min - 970 ft maxTotal Site Area - Available:1087.16 ± AcresTotal Buildable Area: 806.26 ± AcresTotal Fenced Acres:314.70 ± AcresTotal Array Footprint: 207.18 ± Acres Annual Cooling Design Temp: 90.8° FExtreme Annual Min DB MeanTemp: -14.8° F(ASHRAE 2017)Wind Load: 102, Risk Category ISnow Load: 50psfSeismic Load: SS= 0.05g, S1= 0.03gInterconnection Data:Transmission Provider: NSPInterconnection Voltage: 14.2kVOfftaker: Flint Hills ResourcesPoint of Interconnection: 29SU01 15kV Switchgear ~3,000' LFCircuit3.062MWacMWdcMWacdc/acRatio1517.9515.311.17222518.2815.311.19373518.3915.311.2012TotalCapacity1554.6145.931.1890Information used to prepare this drawingItemSourceDate, RevisionSite BoundaryPDF from Client:PB Solar Farm Attachment 2 - SolarMap.pdf10/1/2020CUPNoneN/AGeotechNoneN/AFEMAPanel: 27037C0115E, 27037C0120E12/2/2011Topographic SurveyTopo CAD file provided by Harry S.Johnson Co:HSJ 202110005 FHR TOPO 8-11-21.dwg8/11/2021HydrologyNoneN/AWetlandsNational Wetland Database2018POI LocationNoneN/AAerial ImageryUSGS via Bing MapsN/AASHRAEhttp://ashrae-meteo.info/index.phpASHRAE 2017Wind Load Sourcehttps://hazards.atcouncil.org/(ASCE7-16)Snow Load Sourcehttps://hazards.atcouncil.org/(ASCE7-16)Seismic Load Sourcehttps://hazards.atcouncil.org/(ASCE7-16)*Files are based on State Plane Coordinate System NAD83Pine Bend RefineryRosemount, Dakota County, MinnesotaOwner/Developer:Flint Hill ResourcesPine Bend Refinery Rosemount, Dakota County, MinnesotaExisting Gas LineExisting Petroleum LineGASPETProposed Access RoadProposed Storm Water Management300ft Railway BufferTracker Elevation DetailScale: NTSPoint of Interconnection DetailScale: 1" = 30'(2) Pad Mount XfmerProposed 8x12 Control ShelterAlternative Source (TBD)ProposedUndergroundMVACProposed DirectionalBore(3) Pad Mount ReclosersPoint of Demarcation(3) XCEL Metering CT/PT EnclosuresProposed FenceRRMPCFReleased for Engineerinf Design1-6-220 RRMPMPRevised per CLient Comments1-17-221 Existing Trees to RemainProposed Landscaping Buffer Flint Hills Resources Interim Use Permit Conditions For A Solar Energy System This Interim Use Permit (IUP) is valid only for the property legally described in Attachment A, herein after “the Project Area.” 1. The IUP will be in effect for 25 (twenty-five) years from the date of full commissioning of all solar gardens within the Project Area or December 31, 2016, whichever occurs first. 2. The operation of the community solar garden shall comply with all applicable zoning standards and the approved site plan attached as Exhibit B. 3. The project area shall be subject to all requirements under city code and policies related to such developments, improvements and requirements governing interim use permits in state law and the city code. 4. All site improvements shall be reviewed by the City Engineer for approval prior to completion in accordance with City standards including grading permits. 5. An environmental assessment worksheet shall be provided by the applicant for review by the appropriate agencies and accepted by the City. 6. The applicant shall submit a landscape plan and associated surety in the amount of 110% of the proposed landscaping cost prior to building permit approval. 7. Applicant shall apply for and receive a grading permit prior to construction. 8. The applicant shall conduct a tree inventory and submit for review with a grading permit application. Any required tree replacement shall be included in a landscape plan. 9. Applicant shall provide sufficient parking were appropriate to ensure access roadways remain clear for emergency vehicles. 10. Ground or wall signs shall be approved through a separate permit. 11. If lighting will be provided, the applicant shall submit a detailed lighting plan and cut sheet for all light fixtures consistent with the City’s lighting standards as part of its building or electrical permit submission. 12. Submission of a certification from Underwriters Laboratories, Inc., or other appropriate certification as determined by the city, prior to receiving a building permit. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. 13. Any solar energy system remaining nonfunctional or inoperative for a continuous period of one year shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit. Removal includes the entire structure including transmission equipment. 14. There shall be no assignment of the interim use permit without the written approval of the City. The permittee will be responsible for all requirements of this permit and all applicable City ordinances for the permit period unless the permittee gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. 15. The permittee shall grant to the City, its agents, employees, officers and contractors, including agents, employees and contractors of any surety, an irrevocable license, in a form approved by the City Attorney, to enter the property to perform all work and inspections deemed appropriate by the City to enforce conditions or to perform work as a result of the permittee’s default. This license shall continue in effect until all conditions imposed by the City have been complied with. 16. The permittee will reimburse the City for any costs incurred as a result of any necessary inspections to ensure that the conditions of the permit are being satisfied and any costs incurred as a result of enforcing the permit. 17. The permittee shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The permittee shall indemnify the City for all costs, damages or expenses, including but not limited to attorneys’ fees that the City may pay or incur in consequence of such claims. 18. Conformance with all requirements of all other applicable regulatory agencies including, but not limited to, Dakota County and the State of Minnesota.