DEPARTMENT OF PLANNING Jefferson Parish, Louisiana

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1 DOCKET NO.: FL-2-17 SUMMARY NO.: DEPARTMENT OF PLANNING Jefferson Parish, Louisiana SPECIAL PERMITTED USE REPORT ADVERTISING DATES: 12/21/16 12/28/16 1/4/17 COUNCIL DISTRICT: 3 Mark D. Spears COUNCIL AT LARGE: A Christopher L. Roberts B Cynthia Lee-Sheng PAB PUBLIC HEARING: 1/12/17 COUNCIL HEARING: --/--/-- LAST MEETING DATE FOR COUNCIL ACTION: 5/3/17 PROPOSAL: A request to amend the Special Permitted Use (SPU) approved under FL-1-16, by Ordinance No , for an addition to an existing building and the construction of two new buildings for Dyno Nobel located in the Cornerstone Chemical Company s Fortier Manufacturing Complex. LOCATION OF PETITIONED PROPERTY: The petitioned property is located at River Road., Lot 1, Cornerstone Subdivision, Waggaman, LA, and is bounded by River Road, the Union Pacific Railroad, South Kenner Avenue, and Fortier Heights (Figure 1). OWNER: Cornerstone Chemical Company, represented by Jamie Williams (applicant) FINDINGS: 1. The petitioned property, Lot 1, Cornerstone Subdivision, has an area of acres and contains the entire Cornerstone Chemical Company site within the general boundaries of River Road, Union Pacific Railroad, South Kenner Avenue, and Fortier Heights. The subject property is bordered on its sides by Lot 2, Cornerstone Subdivision to the east (approximately 67 acres) and Lot 3-A, Cornerstone Subdivision to the west (approximately 100 acres). Lots 1, 2, and 3, Cornerstone Subdivision were created (WS PF, Ord. No , approved on November 7, 2012) from undesignated land owned by Cornerstone Chemical Company. 2. The subject property was originally zoned M-1 Industrial District when Comprehensive Zoning was adopted by the Parish Council in 1958 and was reclassified to M-2, Industrial District in the Parish-wide rezoning of 1966 (Figure 2). 3. Lot 1, Cornerstone Subdivision, contains approximately 448,225 sq. ft. of floor area used for processing, refining, and storage of flammable or combustible liquids (as defined by NFPA 30), accounting for approximately 1.71% of the total area of Lot The Jefferson Parish Council approved the special permitted use for the processing, refining, and bulk storage of flammable and combustible liquids to enlarge the ammonia storage tank under Docket No. FL-4-13, Ord , approved on October 16, On March 16, 2016, under Docket No. FL-1-16, Ord. No , the Jefferson Parish Council approved a request to renew the Special Permitted Use approved under Docket No. FL-4-13, and to also: (1) replace existing, currently permitted caustic tanks with either new or unused tanks from the site; (2) incorporate existing urea solution storage tanks, propose to install an additional urea solution storage tank, and include temporary frac tanks utilized at the site; and (3) incorporate a lime (calcium hydroxide) slurry storage tank, previously the lime silo (held hydrated lime). 6. This request is to amend the previously approved Special Permitted Use to incorporate an addition to an existing building and the construction of two new building for Dyno Nobel which requires Parish Council approval (Table 1, Figure 3). 7. There are no tanks being proposed as part of this request. All existing tanks meet NFPA 30 and Jefferson Parish requirements. Since 2013, the applicant has operated the facility Printed: 1/6/2017 Planning Department 1 CB

2 within the parameters of the 2013 SPU approval without an incident that resulted in a citation or corrective action. 8. The LURTC review period closes on January 10, Six of seven reviewing departments have reviewed this case without opposition (see comments below). DEPARTMENT COMMENTS: Public Works is NOT OPPOSED to this Case but has the following Stipulations: the Traffic Engineering Division finds that the sight triangles are not being altered and a TIA is not required. Parkways finds the proposed tree species and planting locations are acceptable. Engineering plans will be reviewed at the permit stage. ICE - Site Plan has not yet submitted comments. ICE - Building is NOT OPPOSED to this Case but has the following Stipulations: additional parking required for proposal: addition = / 300 = 3.38, adm. bldg. = 4573 / 300 = 15.24, additional emp. = 20 / 3 = 6.6 total of 25 spaces required for new proposed. Parish Attorney is NOT OPPOSED to this Case but has the following Stipulations: We will defer to the other departments for comments. Fire - Westbank is NOT OPPOSED to this case. Environmental Department is NOT OPPOSED to this case. HAZMAT is NOT OPPOSED to this case. Code Violations: There are no building or zoning code violations. CONSISTENCY WITH COMPREHENSIVE PLAN: This request to amend the Special Permitted Use for Cornerstone Chemical Company is consistent with the following goals from the Land Use Element of the Parish Comprehensive Plan: Goal 3: Implement orderly development and redevelopment consistent with the Parish s social, economic, physical, and natural environment. Goal 4: Provide suitable and adequate opportunities for commercial and industrial development this is convenient, visually pleasing and environmentally sound. Goal 15: Promote development and redevelopment practices that minimize the potential risks from natural and man-made hazards. CONCLUSION: The Cornerstone Chemical Company Fortier Manufacturing Complex is an existing facility and the proposed Special Permitted Use amendment will not alter the overall purpose and operation of the facility as previously approved. The proposed buildings and addition will not substantially impact properties in the vicinity. PLANNING DEPARTMENT RECOMMENDATION: The Planning Department recommends approval of the proposed amendments to the site plan of the previously approved Special Permitted Use. PLANNING ADVISORY BOARD: Printed: 1/6/2017 Planning Department 2 CB

3 TABLE 1 Proposed Buildings Building Description Site Plan Location Area (sf.) (Equipment Lube) Oil Storage* EA 1200 Ammonia Plant Administration EB 4500 Maintenance (Addition) EC 2250 * Lube Oil is not flammable of combustible as defined by NFPA 30. Printed: 1/6/2017 Planning Department 3 CB

4 TABLE 2 Minimum Requirements for Processing, Refining or Bulk Storage of Flammable & Combustible Liquids Sec (31) Requirement Provided Compliance Minimum required 3 x NFPA distance from tanks/storage containers to nearest property line The Cornerstone Chemical Company - Fortier Manufacturing Complex is an existing facility. All tank construction was previously permitted through Jefferson Parish and the State of Louisiana, where applicable. The Fortier Manufacturing Complex complies with NFPA 30 and Jefferson Parish minimum distance requirements, where applicable. Lot Area: Minimum of 100,000 sq. ft. Open Space: 50% Street system, ingress and egress, offstreet parking, loading, and pedestrian ways comply with Jefferson Parish Codes The Dyno Nobel Louisiana Ammonia, LLC ( DNLA ) new ammonia production facility at the Cornerstone Chemical Manufacturing Complex is currently operational, although not all construction projects are complete. NFPA 30 applies to Flammable and Combustible Liquids and does not apply to ammonia processing or storage. NFPA 30 does not apply to the proposed new ~4500 sq. ft. administration building (office building) or the ~2250 sq. ft. maintenance shop addition. The proposed new ~1200 sq. ft. equipment lube oil container storage building (pre-engineered metal building) will comply with applicable NFPA 30 requirements. The Fortier Chemical Manufacturing Complex is an existing site having greater than 100,000 square feet and the floor area of all structures does not exceed 50% of the site area. Cornerstone s Lot 1 has an area of approx. 26,203,555 square feet Lot 1 contains approx. 448,225 square feet of floor area used for processing, refining, and storage of flammable or combustible liquids (as defined by NFPA 30), accounting for approximately 1.71% of Lot 1 s total area. Cornerstone also owns Lot 2 on the east side of Lot 1 having an area of approx. 2,920,050 square feet and Lot 3 on the west side of Lot 1 having an area of approx. 4,377,945 square feet Lots 2 and 3 are currently used as buffer area / green space between Lot 1 and the neighboring property. The Fortier Manufacturing Complex is an existing facility. Please reference the drawings submitted with the Special Permitted Use Application. The Fortier Manufacturing Complex is adjacent to La. Hwy 18 (River Road), to which all ingress and egress occurs. Cornerstone currently holds Driveway Permits from the Louisiana Department of Transportation with regard to driveways entering La. Hwy 18 (River Road) from the Fortier Manufacturing Complex and Mississippi River Levee. There is adequate existing paved off-street parking on the site, approximately 442 paved parking spots, as well as numerous unpaved off-street parking locations and several additional small paved parking areas throughout the site (not counted in the 442 number listed above), to accommodate all employees associated with the proposed projects included in this Printed: 1/6/2017 Planning Department 4 CB

5 Adequate open space maintained onsite sufficient to provide ready access for fire and emergency equipment Adequate safeguards provided to limit obnoxious or offensive emissions of smoke, gas, gases, vibration, light, noise, glare, dust and odors or other noxious or offensive fumes will be presented to the Parish and shall minimize adverse impacts and nuisance in accordance with best practicable technology State or Federal Permits submitted to the Planning Department within the special permitted use application Compliance with NFPA SPU application. Cornerstone s continuous operations utilize four 12 hour shifts (A, B, C, & D shifts). There is a potential for an estimated maximum of 320 employees, considering both hourly and salaried positions, which could be present during any single shift. Therefore, no single shift would exceed the available off-street parking spaces. The Fortier Manufacturing Complex is an existing facility having onsite fire and emergency response services. When necessary, access to offsite fire and emergency equipment will be provided. The Fortier Manufacturing Complex is an existing facility, including site tenant companies there are 7 Title V air quality permits and is subject to the Louisiana Department of Environmental Quality s smoke, dust, and odor regulations. Cornerstone, as well as other site tenants, operate scrubbers, flares, filter systems, etc. for controlling some of the potential problems listed above. Emissions from the facility are permitted by the Louisiana Department of Environmental Quality. Please refer to the attached permits for information on the emissions limits and control devices. Cornerstone is committed to protecting the health and well-being of the communities in which we do business. The three buildings to be constructed or modified as part of this special permitted use are not subject to federal or state environmental permitting regulations. The Fortier Manufacturing Complex is an existing facility holding numerous environmental permits. Please see the attached list of active permits for Cornerstone as well as all site tenants, 7 Title V Air Permits and 1 Water Discharge Permit. The three buildings to be constructed or modified as part of this special permitted use are being constructed by Dyno Nobel Louisiana Ammonia to support the operations of their new ammonia plant which has begun operations. As per the SPU application, DNLA is planning to construct an Administration Building (Office Building) outside the footprint of the ammonia plant. The construction of an equipment lube oil container storage building and modification to the existing ammonia plant s maintenance shop are also included in the application, both are within the footprint of the ammonia plant and are in support of ammonia plant operations. All of these proposed structures meet NFPA 30, where applicable. The Cornerstone Chemical Company - Fortier Manufacturing Complex is an existing facility. All tank construction was previously permitted through Jefferson Parish and the State of Louisiana, where applicable. The Fortier Manufacturing Complex complies with NFPA 30, where applicable. Printed: 1/6/2017 Planning Department 5 CB

6 Table 3 Special Permitted Uses General Criteria Sec CRITERIA The permit, if granted, will not cause any diminution or depreciation of property values of any surrounding property or will not alter the essential character of the locality. The permit, if granted, will tend to preserve and advance the prosperity and general welfare of the neighborhood and community. The granting of the Special Permitted Use will not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located, in that it will not impair an adequate supply of light and air, or increase substantially the congestion in the public streets, create a traffic hazard, or permit inadequate parking, or increase the danger of fire, or substantially affect or overburden existing drainage or sewerage systems, or endanger public safety, nor cause serious annoyance or injury to occupants of adjoining premises by reason of emissions or odors, fumes, gases, dust, smoke, noise, or vibration, light or glare or other nuisances. Only one (1) Special Permitted Use shall be allowed per dwelling or lot, tract, plot or building site. A Special Permitted Use may not be permitted on premises containing a home occupation, as defined in Sec COMPLIANCE YES NO FINDINGS This is an existing facility in operation since the 1950s the proposed buildings satisfy Jefferson Parish Special Permitted Use criteria and will not substantially impact properties in the vicinity. This is an existing facility. Proposed changes are minor and will have minimal impact to the current conditions of the neighborhood and community. Cornerstone is in compliance with all air and water quality regulations. The proposal has been reviewed by all departments that are part of the LURTC process without opposition or concerns regarding drainage or sewerage system, emissions, fumes, gases, dust, smoke, noise, vibrations, light, glare or other nuisances. The requested Special Permitted Use will be applied to Lot 1, Cornerstone Subdivision, if approved, and will not apply to a home occupation. Printed: 1/6/2017 Planning Department 6 CB

7 CORNERSTONE RIVER ROAD PROCESSING, REFINING, or BULK STORAGE of FLAMMABLE and COMPUSTIBLE LIQUIDS SUMMARY NO. DOCKET NO. FL-2-17 COUNCIL DISTRICT 3 AERIAL/ VICINITY PETITIONED PROPERTY St. Charles Parish. 1/5/17 FIGURE 1

8 CORNERSTONE RIVER ROAD PROCESSING, REFINING, or BULK STORAGE of FLAMMABLE and COMPUSTIBLE LIQUIDS SUMMARY NO. DOCKET NO. FL-2-17 COUNCIL DISTRICT 3 ZONING PETITIONED PROPERTY 1/5/17 St. Charles Parish. FIGURE 2

9 CORNERSTONE RIVER ROAD PROCESSING, REFINING, or BULK STORAGE of FLAMMABLE and COMPUSTIBLE LIQUIDS SUMMARY NO. DOCKET NO. FL-2-17 COUNCIL DISTRICT 3 PARTIAL SITE PLAN PROPOSED BUILDINGS 1/5/17 Maintenance Building (EB) (Addition) Ammonia Plant Administration Building (EC) (Equipment Lube) Oil Storage Building (EA) FIGURE 3

10 CORNERSTONE RIVER ROAD PROCESSING, REFINING, or BULK STORAGE of FLAMMABLE and COMPUSTIBLE LIQUIDS SUMMARY NO. Minimum Requirements for Processing, Refining or Bulk Storage of Flammable & Combustible Liquids Sec (31) DOCKET NO. FL-2-17 COUNCIL DISTRICT 3 PARISH REQUIREMENTS Requirement Minimum required 3 x NFPA distance from tanks/storage containers to nearest property line Lot Area: Minimum of 100,000 sq. ft. Open Space: 50% Street system, ingress and egress, off-street parking, loading, and pedestrian ways comply with Jefferson Parish Codes Adequate open space maintained on-site sufficient to provide ready access for fire and emergency equipment Adequate safeguards provided to limit obnoxious or offensive emissions of smoke, gas, gases, vibration, light, noise, glare, dust and odors or other noxious or offensive fumes will be presented to the Parish and shall minimize adverse impacts and nuisance in accordance with best practicable technology State or Federal Permits submitted to the Planning Department within the special permitted use application Compliance with NFPA Compliance FIGURE 4 1/5/17

11 CORNERSTONE RIVER ROAD PROCESSING, REFINING, or BULK STORAGE of FLAMMABLE and COMPUSTIBLE LIQUIDS SUMMARY NO. DOCKET NO. FL-2-17 COUNCIL DISTRICT 3 PARISH REQUIREMENTS FIGURE 5 1/5/17 CRITERIA The permit, if granted, will not cause any diminution or depreciation of property values of any surrounding property or will not alter the essential character of the locality. The permit, if granted, will tend to preserve and advance the prosperity and general welfare of the neighborhood and community. The granting of the Special Permitted Use will not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located, in that it will not impair an adequate supply of light and air, or increase substantially the congestion in the public streets, create a traffic hazard, or permit inadequate parking, or increase the danger of fire, or substantially affect or overburden existing drainage or sewerage systems, or endanger public safety, nor cause serious annoyance or injury to occupants of adjoining premises by reason of emissions or odors, fumes, gases, dust, smoke, noise, or vibration, light or glare or other nuisances. Only one (1) Special Permitted Use shall be allowed per dwelling or lot, tract, plot or building site. A Special Permitted Use may not be permitted on premises containing a home occupation, as defined in Sec Special Permitted Uses General Criteria Sec COMPLIANCE YES NO FINDINGS This is an existing facility in operation since the 1950s the proposed buildings satisfy Jefferson Parish Special Permitted Use criteria and will not substantially impact properties in the vicinity. This is an existing facility. Proposed changes are minor and will have minimal impact to the current conditions of the neighborhood and community. Cornerstone is in compliance with all air and water quality regulations. The proposal has been reviewed by all departments that are part of the LURTC process without opposition or concerns regarding drainage or sewerage system, emissions, fumes, gases, dust, smoke, noise, vibrations, light, glare or other nuisances. The requested Special Permitted Use will be applied to Lot 1, Cornerstone Subdivision, if approved, and will not apply to a home occupation.