HomeMy WebLinkAbout1990-08-02 NAC NSP Substation Planning Report PLANNING REPORT
TO: Alan Brix
FROM: Larry Bodahl
DATE: Aug., 2, 1990
RE: Oak Park Heights - NSP SUBSTATION PROPOSAL
1- SUBDIVISION RE JEST
2- CONDITIONAL USE PERMIT
FILE NO: 798.02 - 90.06
BACKGROUND:
Item #1 - Subdivision Request:
On July 17, 1990 the City of Oak Park Heights received an application request
from N.S.P to subdivide approximately 1.55 acres (67,500 sq. ft.+/-) from an
unplatted 90 acre +/- parcel. The purpose of the request is to construct a
115/13.8kV substation to service the projected growth of the comity and
surrounding area.
The property in question is zoned "B-2", General Business District.
In July of 1990 the City granted a request for a Minor Subdivision to John
Haase to divide approximately 10 acres from the same large parcel owned by
Elmer Haase. As part of the recommendation to approve the Minor Subdivision
request, dedication of a Collector Street Right-of-Way was included to conform
to the Conceptual Land Use Plan placement of a Collector Street traversing
east and west along the southern boarder of the John Haase property.
Item #22 - Conditional Use Permit:
The construction of a electrical transmission substation is considered an
Essential Service and is a permitted use within the B-2 zoning district
(Section 401.11, B. 5). However, the request requires a Conditional Use Permit
in accordance to Section 401.02, J. Essential Services, paragraph 3
. . .substation lines in excess of thirty-three (33) KV shall be a conditional
use in all districts. . .". The request proposes a substation of 115/13.8KV.
page 1 of 5 pages
CASE ANALYSIS:
Item #1 - Subdivision Request:
The request of NSP to subdivide a parcel approximately 67,500 sq. ft. in size
from the unplatted 90 acres (+/-) creates a policy issue for the City of Oak
Park Heights. This issue revolves around the consideration of whether to allow
a second minor subdivision of Mr. Elmer Haase's property or to require a full
plat subdivision. However the greater issue is the dedication of future street
Right-of-Way, and how that R-O-W will serve the potential developability of
the entire unplatted property.
The subdivision request is necessary to provide an Essential Service to the
City and the surrounding community. The ordinance provides for the this type
of essential service as a permitted use within the "B-2" General Business
District (Section 401.11, paragraph B, sentence 5).
The City of Oak Park Heights recently granted a minor subdivision within the
unplatted property of Mr. Elmer Haase. This division was based on the finding
of a Use Continuation Request for Mr. John Haase's Auto Dismantling Center.
The recommendation was made with reservation because of potential conflict
with the Conceptual Land Use Plan. It was recomended that the approval of the
Minor Subdivision request by Mr. John Haase be subject to the applicant
entering into a development contract with the City specifying (among other
conditions) ". . .Dedication of Collector Street R-O-W at the time that either
the site or property around the site is platted." Exhibit "F" of the Hasse
Auto Dismantling Planning Report, dated 5 July, 1990 shows a "40' Half
Right-of-Way to be dedicated." This recommendation was to be in conformance
with a proposed collector street (80' R-O-W) shown on the Conceptual Land Use
Plan.
The subdivision request by NSP identifies ingress/egress access, not adjoining
the Collector Street layout shown on Conceptual Land Use Plan, but from a 20'
easement on property owned by John Haase and used as a drive way for the Auto
Dismantling Center.
Item #2 - Conditional Use Permit:
The request to construct a 115/13.8KV substation by NSP, although a permitted
use within the B-2 "General Business District, will require a Conditional Use
Permit because the substation proposal exceeds thirty-three (33) KV (Section
401.03, J. Essential Services, paragraph 3).
page 2 of 5 pages
Findings for the Conditional. Use Permit must consider the Health, Welfare, and
Safety of the general public. Also in consideration must be ". . .the nature of
the adjoining land or buildings, whether or not a similar use is already in
existence and located on the same premises or on other lands immediately close
by, the effect upon traffic into and from the premises, or any adjoining
roads, and all such other or further factors as the City may deem a
prerequisite of consideration. . ." (Section 401.16, C. Conditional Use
Permit. ).
RECOMMENDATION:
Two separate issues exist, (1 - Subdivision request; 2 - Conditional Use
Permit), but they overlap. The decision to grant this request requires:
-consideration of policy regarding successive Minor Subdivisions within
the same unplatted property;
-Essential Services to the comity;
-the Conceptional Land Use Plan and the provision of street Right-of-Way
corridors.
Item #1 - Subdivision Request:
It is recommended that a Minor Subdivision be granted. Although continued
minor subdivisions of unplatted property should not be a consistent policy the
City should follow, in this instance the following conditions should be
considered:
o The property in question will provide a Essential Service and is
consistent with the present adjoining land use by NSP (i.e. a
225' Electric Utility Easement).
o Requiring a full subdivision would constitute a Premature
Subdivision of the property (Subdivision Ordinance, Section 5).
o The City of Oak Parks Heights shall require a 60' local street
Right-of-Way be dedicated for ingress/egress to the substation from
State TH 36.
o NSP would be required to construct an unimproved street of
9-ton specifications.
page 3 of 5 pages
.
Conditions exist for negotiations between NSP, Mr. John Haase,
and/or Mr. Elmer Haase, and the City of Oak Park Heights to dedicate
a future Right-of-Way to serve the substation, the Auto
Dismantling Center, and future development. NSP must be required to
provide ingress/egress access to the substation to prevent a parcel
from becoming land-locked. Also because of the essential service
nature of the substation, the street access necessitates a 9-ton
street.
Although it is the responsibility of NSP to provide for this street
access, it would appear that benefit can be achieved by all parties.
The location of this R-O-W should be negotiated between NSP, Mr.
John Haase and Mr. Elmer Haase, but it is suggested the street be
within the 100' parcel of property presently serving as drive way to
the Auto Dismantling Center. This dedicated R-O-W and unimproved
9-ton street establishes the developability of abutting property,
increases the value of the Auto Dismantling Center
property and provides a quality access. At such time any
further subdivision is requested, the cost of the improved street
would be substantially reduced and shared by all benefiting property
owners. However, it should be clearly established that negotiations
for the street dedication is the responsibility of NSP. NOT THE CITY
OF OAK PARK HEIGHTS.
o A Certified Survey presented to the City.
o A Letter of Consent from the fee owner, or purchase agreement
presented to the City.
o Title Insurance Report.
Item #2 - Conditional Use Permit:
It is recommended that a Conditional Use Permit (Section 401.16, Section C.
Conditional Use Permit) be granted to NSP. Conditions to construct a
115/13.8KV substations shall include, but not be limited to the following:
o Completion of the Landscape Layout as prepared and presented by
NSP, certified and dated June 27, 1990.
o The site shall be well drained, properly graded to insure prompt
drainage of surface and storm waters, and to insure freedom from
stagnant pools of water.
o NSP shall provide a 60' dedicated street Right-of-Way to provide
ingress/egress to the proposed site.
page 4 of 5 pages
o NSP shall provide an unimproved 9-ton street within the dedicated
60' street Right-of-Way.
o NSP shall provide a Performance Bond or security in accordance to
Section 401.16, C. Conditional Use Permit, 4. Performance Bond.
o Any other conditions so deemed by the City of Oak Parks Heights in
determining the effect of such use on the general welfare, public
health and safety.
page 5 of 5 pages