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HomeMy WebLinkAbout2016-03-28 PACKET 06.5.STAFF REPORT CASE: ICUP2016-026 ITEM: 6.5 PUBLIC MEETING DATE: 3/28/16 TENTATIVE COUNCIL REVIEW DATE: 4/6/16 APPLICATION APPLICANT: St. Paul Park Refining Company, LLC REQUEST: An interim conditional use permit (ICUP) to utilize the Cottage Grove Petroleum Tank Farm at 6483 85th Street as a temporary outdoor storage laydown area for piping and structural steel materials that will be used for a construction project at the St. Paul Park Refinery. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 6483 85th Street South 1-3, Heavy Industry Industrial LAND USE OF ADJACENT PROPERTIES: CURRENT NORTH: Residential EAST: Residential SOUTH: Industrial WEST: Industrial SIZE: N/A DENSITY: N/A RECOMMENDATION GUIDED Residential Residential Industrial Industrial Approval, subject to the conditions stipulated in this staff report. Corsage COTTAGE GROVE PLANNING DIVISION Grove �ee Prlde and P,ozPedW Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; iburbank(a.cottage-grove.orq Application Accepted:. 3/2/16 60 -Day Review Deadline: 5/1/16 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 65016 Planning Staff Report Cottage Grove Tank Farm — Exterior Storage Planning Case No. ICUP2016-026 March 28, 2016 Proposal St. Paul Park Refining Company, LLC has applied for an interim conditional use permit ([CUP) to utilize the Cottage Grove Petroleum Tank Farm at 6483 85th Street as a temporary outdoor storage laydown area for piping and structural steel materials that will be used for a construction project at the St. Paul Park Refinery. SITE Location Map Site Submital Documentation The site plan that was submitted with the application was prepared by TKDA on February 29, 2016, and identifies the existing site conditions and the proposed temporary storage area. Review Schedule The application was received on March 2, 2016. The application was deemed complete on March 3, 2016. The 60 -day application review expires on May 1, 2016. The 120 -day review extension date is July 1, 2016, if exercised. CIS Tank Farm — Exterior Storage Staff Report— ICUP2016-026 March 28, 2016 Page 2 of 7 Site Plan ��P.n�Y�uww W ' I a.R —• .fll%M'I Stldl •!• t a � — ou�yy���iLL�l�la .' II11 l� �yM�11w.rIRIWM1tlr 1'I S Sa�WlJY9F tlP�N ,i r•�/.'�JHM44JIW NA ywy 'O M YIN pig g WR-tAN pn"ti QY t ® _ ; g 'QN ;R 55' tsi ..LNym It // e� R YA a i oda a Q, Q � � Iu a ��}`� fr� n• a' Il I R O � lwoY vq v���p,fN�r Ntl — ."'.w�'�mwl vh N �a R u� SEE SHEETS 2, 3 & 4 FOR EXISTING FEATURES • a. 93 b 2 ti 11 r 1 �-1 a NYYV NIPAd Site Plan CG Tank Farm — Exterior Storage Staff Report— ICUP2016-026 March 28, 2016 Page 3 of 7 Site Plan Detail Planning Considerations Comprehensive Plan — Future Land Use Designation The future land use map in the City's Future Vision 2030 Comprehensive Plan shows this prop- erty to be guided Industrial. The proposed development is consistent with that designation. Zoning This parcel is currently zoned within the 1-3, Heavy Industry District. The proposed use is con- sistent with that zoning designation. Existing Site Conditions The fenced site currently encompasses two lots of records and contains nine above -grade petroleum storage tanks, supporting infrastructure, and a stormwater management pond. CG Tank Farm — Exterior Storage Staff Report— ICUP2016-026 March 28, 2016 Page 4 of 7 Conditional Use Permit Ordinance Requirements The City Code permits exterior storage with a conditional use permit (CUP), and based on the proposed temporary nature of the use, the application required is an interim conditional use permit (ICUP). When reviewing conditional use permits, the Planning Commission looks to Title 11-2-9F, Crite- ria for Issuance of Conditional Use Permits, as the guiding doctrine for review. This section states that in granting a CUP, the City Council shall find that: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the trans- portation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. B. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. The City's Technical Review Committee reviewed this application under those criteria. The Committee found the ICUP criteria could be met, and the ]CUP for the requested exterior stor- age should be approved, subject to conditions. The applicant's response to the ordinance crite- ria is attached. Development Summary The propose use is over 1,000 feet to the nearest residential property. The use on the site was originally established in the 1950's. There is an existing conditional use permit related to the use on the site (Res. No. 99-71 is attached). CG Tank Farm — Exterior Storage Staff Report — ICUP2016-026 March 28, 2016 Page 5 of 7 Proposed Temporary Exterior Storage area Setbacks The minimum setbacks for the property are not impacted by the proposed expansion of the use on the site. Architecture The proposal does not trigger any of the City's minimum architectural requirements. Utilities The subject property is located within the Metropolitan Urban Service Area (MUSA), and the application does not include any connections or modifications to public utilities. Parking The proposal does not trigger any of the City's minimum parking requirements. Traffic/Access The current unimproved internal access drive would service the temporary storage area. Ingress and egress to the site is via 85th Street. No modifications to the site access is proposed in con- junction with the application. The adjacent roadways are adequately designed and constructed to accommodate the industrial traffic that could be caused by the use. Access to the site by heavy equipment may be limited during periods when spring road restrictions are in place. Pedestrian Access There are no pedestrian access items related to the proposed use. CG Tank Farm — Exterior Storage Staff Report — ICUP2016-026 March 28, 2016 Page 6 of 7 Surface Water Management The existing surface water management system supporting the treatment and conveyance of surface water generated within the site are not proposed to be modified by the proposed inclu- sion of the use on the site. Based on the interim nature of the use, no additional surface water management improvements will be required. Tree Preservation No trees within the site development are proposed to be removed or modified by the proposed expansion of the use on the site. Signage No signage is proposed to be included with the proposed expansion of the use on the site, but any signage would need to be in compliance with the City ordinance or an approved compre- hensive sign plan for the site. Landscaping Based on the interim nature of the use and the remote proximity from adjacent land uses, no landscaping improvements will be requires as a component to the site improvements. Area Charges No action required. Park Dedication No action required Public Hearing Notices The public hearing notice was published in the South Washington County Bulletin on March 16, 2016. Public meeting notices were mailed to the 166 property owners who are within 500 feet of the property on March 17, 2016. Summary A. The proposed use is compliant with the City's Future Vision 2030 Comprehensive Plan. B. The proposed use is permitted under the current zoning classification for the property. C. The proposed development is temporary in nature. D. The proposed development does not impact public utilities. E. No surface water management improvements will be required. F. If the interim conditional use permit is approved, reasonable conditions will be applied in the approving resolution to ensure the new use would not constitute a detriment to adjacent properties and surrounding land uses. CG Tank Farm — Exterior Storage Staff Report— ICUP2016-026 March 28, 2016 Page 7 of 7 Recommendation That the Planning Commission recommend that the City Council approve an interim conditional use permit (ICUP) to utilize the Cottage Grove Petroleum Tank Farm at 6483 85th Street as a temporary outdoor storage laydown area for piping and structural steel materials that will be used for a construction project at the St. Paul Park Refinery, subject to the following conditions: 1. The interim conditional use permit shall expire on June 1, 2017. 2. The temporary storage area (class 5 aggregate material) shall be removed from the site and the area restored with topsoil and seed by June 1, 2017. 3. The applicant shall post a $10,000 escrow ensuring the removal and restoration of the temporary storage area. 4. A fire access lane with a minimum width of 20 feet shall be maintained at all times within the designated temporary storage area. 5. All applicable permits (i.e.; building, electrical, grading, sign, right-of-way, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. 6. A preconstruction meeting shall be required and all grading and erosion control items shall be in place prior to construction. The grading and erosion control plan for the site must comply with NPDES II Permit requirements. Erosion control devices must be in- stalled prior to commencement of any grading activity. Erosion control must be performed in accordance with the recommended practices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10-5-8, Erosion Control During Construction, of the City's Subdivision Ordinance. Prepared by: John M Burbank, AICP Senior Planner Attachments: Project Plan Set Applicant's Response to the CUP Ordinance Criteria Resolution No. 99-71 F—PLOTDAM Mat 01, 3016-9.56am DRAWING PATH. K1 GEWMg QsWkWoOam Ter EEMWI o g.Gm Mbtlm Co00PoON W.P P ­16 A k1 SE.' (J 5w H5 .,`PNO °14 '42 �gt6 CRAyE OPIVf T.6� 2602.86 LENTER(INE OE PIPELINE EASEMENT PER DOL M66=9 (NO WIOTN) y L 818-x—�—Blg 820 820-920-_— --822 822 Ba2 —822322 ) atg-at, \� I n 0 N N N I —&J N NI b ti GRAVE 11 g820-----------K 0 'o y a s° m� m �g 2,_0.. MIN. Eloy '051 EMBEDMENT e�n Ny N I mBm o �g r, U)oo m 0 o + fll TI °E yFl& ;GW � g Z Im o Qa N T -POST �� z D N r O y POST EM MB MENT mA 30' MIN. 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Ila Na Ls.W (ElR.Mw] ttr Re Fawo YIY 11 R,Ap yq ynwye UamiMwl YW 10 '—` "a.raacsnfcava mEE SU/NE1'FOR AEFN'!)ER ENERGYGLC SSMSIRa5rREETSOUlK GGITAGEGFL)V{ M SjSUNDE- .y«w w ow w 1W v 1W xm sro-en� r zrrw I J Cottage MAR - 2 p Grove Community Development Department Planning Division 20'�s pjos"I m, 12800 Ravine Parkway South Telephone: 651-458-2 27 u S P^a�'" Cottage Grove, MN 55016 Fax: 651-458-2897 www.cottane-arove.orn E -Mail: tannin cott TTAGE GROVE CONDITIONAL USE PERMIT/INTERIM CONDITIONAL USE PERMIT RESPONSE TO ORDINANCE CRITERIA In order to aid in the review process, please give a DETAILED response to the following ordinance criteria on this form or on separate exhibits. Your ability to meet the criteria is what the Planning Commission/City Council is required, in part, to base their review, so be specific. A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose, intent, and applicable standards of the Zoning Ordinance? EXPLAIN. As this site is currently zoned I3, we believe this proposed use to be consistent with both the Comprehensive Plan and Zoning ordinance standard for a heavy industrial district. B. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. How does the proposed use fit these criteria? As a temporary material laydown area for a construction project at the SPPRC refinery, this use is consistent with both the existing and intended character of the zoning district. C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. This laydown area is approximately 1000 feet from the nearest residential properties and is not viewable from them. The adjacent land owners to this side of the tank farm is Minnesota Pipeline and other SPPRC land. SPPRC is part owner of Minnesota Pipeline. D. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution vibration, general unsightliness or other nuisances. Explain effects of proposed use. The laydown operations will only entail the unloading and loading of materials such as piping and structural steel via forklifts/small Cranes/Lulls. No fabrication or assembly will be conducted at this laydown area. SPPRC feels this operation will not produce negative noise/fumes/dust/Etc. E. The use shall generate only minimal vehicular traffic on local streets as defined by the Transportation Element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access, or parking needs that will cause inconveniences to the adjoining properties. Explain the transportation needs for the proposed use. The deliveries to/from this laydown area will be compliant to the City of Cottage Grove road restrictions/ratings. SPPRC does not consider this operation to create excess additional traffic. F. The use shall be served adequately by essential public services such as streets, police, fire protection and utilities. Explain how the proposed use will be served. No foreseen additional costs such as public utilities, public works, or public safety are needed for this laydown area. G. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. Justify this statement. In addition to the meeting the criteria as explained above, this laydown area is located within the secured fence line of the tank farm and prevents the potential of theft and restricts public access. H. The use shall preserve and incorporate the site's important natural and scenic features into the development of adjacent vacant land. Will these criteria be met? As this is a temporary laydown area and will be restored to its current condition at the conclusion of the interim use permit, SPPRC believes these criteria to be met. I. The use shall cause minimal adverse environmental effects. List any effects. All necessary erosion control such as silt fence and rock construction entrances will be utilized during the construction and operation of this facility. At the conclusion of the use of the laydown area, the gravel will be removed and the area restored by reseeding. SPPRC does not believe there will be any adverse environmental effects. Applicant Name: Greg Schafer, St. Paul Park Refining Company Case Response to CUPACUP Criteria Page 2 of 2 J. The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems. No potential problems have been identified. In addition to the general criteria for Conditional Use Permits, the following additional requirements apply to Interim Conditional Use Permits: K. The period(s) of time for which the Interim Conditional Use Permit is to be granted will terminate before any adverse effects are felt upon adjacent property. The period of the interim conditional use permit is limited to December 31, 2016 after which all improvements will be removed and the site restored. No adverse effects are anticipated during this period. L. There shall be adequate assurance that the property will be left in suitable condition after the use is terminated. What measures are you intending to take to return the property to a suitable condition? Erosion control measures will be in place for the duration of the interim use. The site will be restored to it's original condition at the conclusion of the permit period by re -seeding to restore the turf grasses. M. The use conforms to the zoning regulations. Yes x No Outdoor storage is not typically allowed in I-3 Districts. N. What is the time frame you intend on utilizing the Interim Conditional Use Permit? From the approval date through December 31, 2016. O. Permission of the use will not impose additional costs on the public. Are any additional public safety or public works personnel required? How do you intend to reimburse the City? No additional costs will be imposed upon the public. P. The user agrees to any conditions that the governing body deems appropriate for permission of the use. MAR - 2 7.016 CITY OF COT-iAGC GROVE Applicant Name: Case RE_W1 EW MFR - 2 2016 St. Paul Park Refining LLC CITyOF COTTAGE GROVE Interim Use Permit Application 1. The SPPRC refinery is requesting approval from the City of Cottage Grove to utilize our Cottage Grove Tank Farm (zoned 1-3 heavy Industrial) as a temporary material laydown area from the approval date to Dec 311, 2016. This need is due to a large construction project going on within the refinery during 2016. 2. The grass area west of the existing tanks would have gravel drive areas created and the material, piping, structural steel would be placed on the existing grass grade. Silt fence would be installed to ensure no sediment would leave SPPRC's property boundary. 3. This laydown area is located approximately 1000 feet from any residential property boundaries and is not visible from said properties. 4. This laydown area is located within the secured fence line of the tank farm and prevents the potential of theft and restricts public access. This tank farm is monitored by perimeter cameras and roving guard patrols. 5. The deliveries to/from this laydown area will be compliant to the City of Cottage Grove road restrictions/ratings. SPPRC does not consider this operation to create excess additional traffic. 6. The laydown operations will only entail the unloading and unloading of materials such as piping and structural steel via forklifts/small cranes/Lull with a small work crew. Temporary facilities will include (1) construction trailer and port -toilets during the usage of the property and will be removed upon completion. SPPRC feels this operation will not produce negative noise/fumes/dust/Etc. 7. The laydown area will only be operated between the hours of 7AM to 5:30PM and will not be operated at night. 8. The adjacent landowners to this side of the tank farm is Minnesota Pipeline and other SPPRC land. SPPRC is partial owner of Minnesota Pipeline. 9. No foreseen additional costs such as public utilities, public works, public safety are needed for this laydown area. 10. If the laydown yard need is completed in the Fall of 2016, SPPRC would remove the gravel and re -seed the area yet in 2016 prior to winter. If the laydown area use is needed until Dec 3111, 2016, SPPRC would remove the gravel and re -seed in April 2017. RESOLUTION NO. 99-71 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MARATHON ASHLAND PETROLEUM LLC, A DELAWARE LIMITED COMPANY, FOR THE EXISTING USE OF STORAGE OF CRUDE OIL, REFINED OIL, ALCOHOL, AND OTHER LIQUIDS IN THE 1-3 ZONING DISTRICT WHEREAS, Marathon Ashland Petroleum, LLC, applied for a conditional use permit to allow for the existing use of storage of crude oil, refined oil, alcohol, and other liquids inside a building in the 1-3 zoning district as currently exists on the property legally described as follows: The East ''/z of Southwest'/4 of Section 18, T. 27, R. 21. "A" — The South 400 • feet of North 500 feet of West 500 feet of East 600 feet of the East Y2 of Southwest.'/4 of Section 18, T. 27, R. 21. Center line of proposed easement strip: — Beginning at a point distant 361 feet South of the North line of East ''/z of Southwest'/4 of Section 18, T. 27, R. 21, measured on a line running parallel to and distant 600 feet West of the East line of said East % of Southwest 1/4; thence running Northwesterly at an angle of 871 50' to said parallel line, 410 feet; thence deflecting 20 45' to the left, 311 feet more or less to a point on the West line of said East '% of Southwest'/4 distant 338 feet South of the Northeast corner thereof. The East Y2 of the Southwest'/4 of Section 18, Township 27, Range 21, according to the United States Government survey thereof, except existing roadways that exist thereon across the north 33 feet thereof, and except those parts thereof described as follows: "A" — Commencing at a point in the north line of the Northeast'/ of the Southwest'/4 of said Section 18 which is 100 feet West of the northeast corner of said'/'/4; thence South along a line which is parallel to the east line of said '/'/4, a distance of 100 feet to the point of beginning of the tract of land to be described; thence West along a line which is parallel to the north line of said'/'/, a distance of 500 feet to a point; thence South along a line which is parallel to the east line of said 'i/4'/<, a distance of 400 feet to a point; thence East along a line which is parallel to the north line of said'/4'/4, a distance of 500 feet to a point; thence north along a line which is parallel to the East line of said '/4'/, a distance of 400 feet to the point of beginning. Resolution No. 99-71 Page 2 is "B" — Beginning at the northeast corner of the tract of land first described in and intended to be conveyed (exclusive of easement area described therein) by that certain deed from Northwestern Refining Co. to Minnesota Pipe Line Company dated August 7, 1956, and recorded in Book 201 of Deeds at page 527, in the Office of the Register of Deeds in and for Washington County, Minnesota; thence Westerly 500 feet along the northerly line of said tract of land to the northwest corner thereof; thence Southerly 400 feet along the westerly line of said tract of land to the southwest corner thereof; thence Westerly on a line parallel to the north line of the east'/2 of the southwest % of said Section 18, to a point which is 100 feet East of the west line of the east '/z of the southwest '/< of said Section 18, as mentioned along the last mentioned course; thence Northerly on a line parallel to the west line of the east ''/z of the southwest '/< of said Section 18, to a point on the south right-of- way line of 85th Street South; thence easterly along the south right-of-way line of said 85th Street South, to a point which is 100 feet Westerly of the east line of the east''/ of the southwest '/< of said Section 18, as measured along said south right-of-way line of 85th Street South; thence Southerly on a line parallel to the east line of the east'/ of the southwest'/ of said Section 18, to the point of beginning, containing 7.409 acres more or less. Commonly known as 6249 — 85th Street South, Cottage Grove, Washington is County, Minnesota. WHEREAS, the applicant made an additional application for a site plan review in order to complete interior surface drainage improvements to the Cottage Grove Tank Farm facility; WHEREAS, this site work was proposed to be in conformance with the require- ments of the Minnesota Pollution Control Agency (MPCA) and is intended to improve the emergency containment system and stormwater handling capabilities of the site; and WHEREAS, the during review of the site plan review application, it was discov- ered that the existing Cottage Grove Tank Farm facility did not have a conditional use permit as required by ordinance; and WHEREAS, the lack of an established permit is due to the creation of the facility prior to adoption of the City's zoning ordinance; and WHEREAS, in order to bring the site into compliance with current ordinance criteria and before any site modifications could be completed, it was determined that a conditional use permit would be required; and WHEREAS, the Cottage Grove Tank Farm owned by Marathon Ashland Petroleum LLC consists of nine (9) above -ground crude oil storage tanks, a network associated infrastructure, and a system of containment dikes or berms; and Resolution No. 99-71 Page 3 • WHEREAS, records indicate that the first storage tank was installed on the site sometime in 1957; and WHEREAS, subsequent construction phases over the years added additional tanks; and WHEREAS, case history research indicated the existence of all nine tanks as early as 1967; and WHEREAS, the existing use is a permitted use within the 1-3 zoning district with the issuance of a conditional use permit; and WHEREAS, review of the site revealed that the existing use of the property meets all the established setbacks, lot size, required public frontage are general performances of the 1-3 zoning district; and WHEREAS, the process and use of the site will continue in size and use in its current function and not be changed, enlarged, or expanded as a result of the issuance of the conditional use permit; and WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington • County Bulletin; and WHEREAS, the Planning Commission held a public hearing on March 22, 1999; and WHEREAS, the public hearing was open for public testimony and no testimony was received that objected to the proposed improvements. The applicant was present at the meeting; and WHEREAS, the Planning Commission unanimously approved the application, subject to certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota hereby approves the conditional use permit to allow for the existing use for storage of crude oil, refined oil, alcohol, and other liquids in the 1-3 zoning district subject to the following conditions: 1. A building permit and commercial plan review packet shall be completed, submitted, and approved by the City prior to the commencement of any new structure construction activities. 2. All applicable electrical and building permits shall be issued by the City prior • to any construction activity on the property. 3. All structures on the site shall comply with all State and Federal regulations with regard to hazard identification lighting. Cl r1 LJ Resolution No. 99-71 Page 4 4. No advertising shall be displayed on the tank structures. 5. The continuity of the eastern landscaping buffer adjacent to the residential district shall be maintained at all times. If the screening is broken due to missing or thin vegetation, additional vegetation shall be installed where necessary. The portion of the property that abuts 85th Street shall be landscaped with screening vegetation. A revised landscape plan that details the required landscaping and meets staff approval shall be required prior to issuance of a grading permit. 8. The driveway aprons for all access points to the property shall be hard - surfaced to the front yard setback line (100 feet). 9. The applicant shall submit a bona fide cost estimate of the landscaping im- provements and require driveway aprons. A letter of credit in the amount of 150 percent of such estimate shall be submitted to and approved by the City. Upon completion of the landscaping improvements, the applicant shall submit an asbuilt survey of all planting locations and inform the City in writing that said improvements have been completed. The City shall retain the financial guarantee for a period of one year from the date of notice to insure the sur- vival of the plantings. 10. The applicant shall continue to submit up to date emergency preparedness plans and complete the annual compliance inspection with the City Public Safety Department. 11.AII operation requirements of appropriate state and federal agencies shall be complied with. Passed unanimously this 5th day of May, 19 iff` �`!F! J Attest - ,' , Caron M: §gans�kl